Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 07, 2024
CASE NO(S).: OLT-23-000632
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Spire Properties Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the construction of a 24-storey mixed use building
Reference Number: 22 198781 STE 13 OZ
Property Address: 237 Victoria Street
Municipality: Toronto
OLT Case No.: OLT-23-000632
OLT Lead Case No.: OLT-23-000632
OLT Case Name: Spire Properties Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Spire Properties Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a 24-storey mixed use building
Reference Number: 22 198781 STE 13 OZ
Property Address: 237 Victoria Street
Municipality: Toronto
OLT Case No.: OLT-23-000633
OLT Lead Case No.: OLT-23-000632
Heard: May 1, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Spire Properties Ltd.
R. Gill
D. Bronskill (in absentia)
City of Toronto
D. Elmadany
St. Michael’s Hospital
D. Angelucci
M. Foderick (in absentia)
Sick Children’s Hospital
K. Butler
I. Tang (in absentia)
B. Davis (in absentia)
Youthdale Limited (“227 Victoria”)
J. Evola
S. Leisk (in absentia)
727017 Ontario Inc. (“221 Victoria”)
J. Evola
S. Leisk (in absentia)
1853569 Ontario Limited (“249 Victoria”)
J. Morley
A. Platt (in absentia)
Farag Properties Inc. (“215 Victoria”)
T. McRae
S. Zucchi (in absentia)
Sunwing Canada Inc. (“251 Victoria”)
M. Murugesu
K. Mullin (in absentia)
Yorkland Group Holdings Inc.
M. Cook
MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES ON MAY 1, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is the third Case Management Conference (“CMC”) for appeals pursuant to sections 22(7) and 34(11) of the Planning Act (“Act”) by Spire Properties Ltd. (“Appellant”) for the failure of the City of Toronto (“City”) to approve an Official Plan Amendment Application (“OPA”) and its refusal or neglect to make a decision regarding a Zoning By-law Amendment Application (“ZBA”) (together “the Appeals”). The property is municipally known as 237 Victoria Street (“Subject Property”).
2The mixed-use proposal includes a tower consisting of an overall height of 24 storeys (75.4 metres (“m”) to the top of the roof, and 79 m to the top of the mechanical) and a floorplate of 741 square metres (“m2”). The proposal will include a total of 256 residential dwelling units and a total gross floor area (“GFA”) of approximately 17,826 m2, including 17,410 m2 of residential GFA and 416 m2 of at-grade retail GFA fronting onto Victoria Street.
3The proposal also contemplates the development of the Subject Property with one mixed-use building along Victoria Street and Victoria Street Lane. The proposal will incorporate one 18-storey residential tower, including a six-storey podium (20.85 m) with residential units and active retail space at grade.
4The Subject Property falls within the boundaries of the Downtown Secondary Plan, which designates the property as Mixed Use Areas 1 - Growth. The Downtown Secondary Plan permits a tall building on the Property and promotes higher density development in proximity to existing and planned rapid transit stations.
ISSUES LIST AND MEDIATION
5The Tribunal outlined that the goal and purpose of the third CMC today was to receive an update from the Parties with respect to their attempts to scope the Issues List and the result of their ongoing Tribunal-led mediation in order to resolve as many issues as possible prior to scheduling a contested merit hearing.
6Mr. Gill, on behalf of all the Parties, indicated that the Parties have made productive strides in their attempts to narrow the issues. However, he indicated that the Parties require more time and a further CMC in order to create a clear path of direction for a contested merit hearing, or a contested hearing with narrowed issues.
7The Tribunal confirmed the consent of all Parties.
8The Tribunal indicated while adjourning this matter to a fourth CMC is discouraged and not an optimal result for today’s CMC, the Tribunal is also encouraged by the efforts of all Parties to narrow the issues for a cost-effective merit hearing in the future.
9On consent of all the parties, a fourth CMC is scheduled to commence on Tuesday, July 9, 2024 at 10 a.m. by Video Hearing.
10Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
11Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is the same as indicated above.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14THE TRIBUNAL ORDERS:
(a) A fourth CMC is scheduled for Tuesday, July 9, 2024, at 10 a.m. by Video Hearing; and
(b) That the Parties continue to engage in fruitful settlement discussions in an attempt to narrow outstanding contested issues.
15No further notice of these proceedings will be provided.
16This Member is not seized.
“Jackie Denyes”
JACKIE DENYES
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.