Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 24, 2024
CASE NO(S).: OLT-24-000200
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Chilocco Building Corporation/Mattamy (Monarch) Partnership Subject: Request to amend the Official Plan – Failure of Approval Authority to make decision Description: To permit a low-rise residential neighbourhood with condominium elements Reference Number: 20 230362 ESC 20 OZ & 20 230363 ESC 20 SB Property Address: 180-260 Brimley Road Municipality/UT: Toronto OLT Case No.: OLT-24-000200 OLT Lead Case No.: OLT-24-000200 OLT Case Name: Chilocco Building Corporation/Mattamy (Monarch) Partnership 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: Chilocco Building Corporation/Mattamy (Monarch) Partnership Subject: Application to amend the Zoning By-law – Failure of Approval Authority to make decision Description: To permit a low-rise residential neighbourhood with condominium elements Reference Number: 20 230362 ESC 20 OZ & 20 230363 ESC 20 SB Property Address: 180-260 Brimley Road Municipality/UT: Toronto OLT Case No.: OLT-24-000201 OLT Lead Case No.: OLT-24-000200 OLT Case Name: Chilocco Building Corporation/Mattamy (Monarch) Partnership v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Chilocco Building Corporation/Mattamy (Monarch) Partnership Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make decision Description: To permit a low-rise residential neighbourhood with condominium elements Reference Number: 20 230362 ESC 20 OZ & 20 230363 ESC 20 SB Property Address: 180-260 Brimley Road Municipality/UT: Toronto OLT Case No.: OLT-24-000202 OLT Lead Case No.: OLT-24-000200 OLT Case Name: Chilocco Building Corporation/Mattamy (Monarch) Partnership v. Toronto (City)
Heard: May 15, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Chilocco Building Corporation and Mattamy (Monarch) Partnership ("Applicant") | Sidonia Tomasella |
| City of Toronto ("City") | Ray Kallio |
| Brimley Properties Ltd ("Brimley") | Calvin Lantz |
MEMORANDUM OF ORAL DECISION DELIVERED BY MICHAEL MENEZES AND A. SAUVE ON MAY 15, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for lead Case number OLT-24-000200 regarding the redevelopment of the property known as 180-260 Brimley Road, Toronto. The property is located on the west side of Brimley Road, south of the CN Rail Line, east of Jeanette Street and north of Jeanette Park. It is currently occupied by a warehouse and distribution centre and has an approximate size of 15.6 hectares.
2The applications (“Applications”) and additional materials were submitted and were deemed complete as of July 2021. Discussions were had with City of Toronto staff and a revised proposal was resubmitted by the Applicant in November of 2023.
3The Applicant seeks an Official Plan Amendment, Zoning By law Amendment and a Draft Plan of Subdivision to permit the redevelopment of the above property into a low-rise residential neighbourhood and a condominium development (of 1337 dwelling units) including a consolidation of parkland and a new internal private road network.
4The Appeals brought to the Tribunal are a result of the City of Toronto’s failure to decide within the Legislative timeframe and pursuant to subsections 22(7), 34(11) and 51(34) of the Planning Act
5There were no issues raised with service of Notice for this CMC, and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC, sworn on April 18,2024, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
6The Tribunal received a written request for Party status from Brimley Properties Ltd. (“Brimley”), a division of Atlantic Packaging Products Ltd. and an owner and operator of the industry located directly across the street from the lands at 180-260 Brimley Road. Whilst the facility is currently used for warehousing of paper and roll stock, it is likely to be repurposed back into manufacture, with potential implications on transportation, road network, access, land use compatibility, etcetera. As Brimley’s involvement would be of help to the Tribunal in understanding and deciding the impact of the proposed development on surrounding landowners, the Tribunal granted Party status to Brimley, to which the Appellant and the City expressed no objections.
7The Tribunal received a written request for Participant status from Mr. Ken Nakahara, a neighbour living/whose residence is adjacent to the proposed development. As Mr. Nakahara was not present and as the other Parties had not yet been forwarded the request, the Tribunal agreed to review his status at an upcoming CMC/the next CMC, to be scheduled.
8No other Party or Participant status requests were received.
OPPORTUNITIES FOR MEDIATION AND SETTLEMENT
9The Appellant and the City will meet over the next few weeks to review the proposal and will or to resolve some, or all, of the issues. There is a possibility that there may be a few technical issues that may require mediation after the second CMC.
10The Parties were made aware that the Tribunal is available to assist with Tribunal-led mediation and that requests can be made through the Case Coordinator.
NEXT STEPS
11The Tribunal directed the Parties to work cooperatively to finalize the draft Procedural Order (“PO”) and to submit them to the Case Coordinator on or before Friday, June 14, 2024.
12Based on the request of the Parties, the Tribunal has scheduled a second CMC to be held on Friday, June 21, 2024 at 10 a.m. by videoconference.
13Parties are asked to log in to 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/709076365
Access code: 709-076-365
14Parties 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.
15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as shown in paragraph 13 of this Decision.
16Individuals 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 Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
17THE TRIBUNAL ORDERS THAT:
a. Brimley Properties Ltd. is granted Party status in these proceedings;
b. a second Case Management Conference has been scheduled to proceed by videoconference on Friday, June 21, 2024 at 10 a.m.; and
c. The Parties are to submit a draft PO to the Tribunal on or before Friday, June 14, 2024.
18The Panel is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Michael Menezes”
MICHAEL MENEZES
MEMBER
“A. Sauve”
A. SAUVE
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.