Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 24, 2024
CASE NO(S).: OLT-24-000183
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: College Avenue Lofts Inc. (c/o York Developments) Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a mid-rise residential apartment Reference Number: OZ-8693 Property Address: 193-199 College Avenue Municipality/UT: London/Middlesex OLT Case No: OLT-24-000183 OLT Lead Case No: OLT-24-000183 OLT Case Name: College Avenue Lofts Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: College Avenue Lofts Inc. (c/o York Developments) Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a mid-rise residential apartment Reference Number: OZ-8693 Property Address: 193-199 College Avenue Municipality/UT: London/Middlesex OLT Case No: OLT-24-000184 OLT Lead Case No: OLT-24-000183
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appeal 15 – College Avenue Lofts Inc. (c/o York Developments)
Appellant: 1390226 Ontario Inc. Appellant: 1610341 Ontario Inc. Appellant: 1705823 Ontario Ltd. (c/o York Developments) Appellant: 1739626 Ontario Ltd. (c/o York Developments); and others Subject: The London Plan Municipality: City of London OLT Case No.: OLT-22-002286 Legacy Case No.: PL170100 OLT Lead Case No.: OLT-22-002286 Legacy Lead Case No.: PL170100 OLT Case Name: Lansink v. London (City)
Heard: June 10, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| College Avenue Lofts Inc. | Jonathan Cheng Patrick Duffy (“in absentia”) |
| City of London | Aynsley Hovius Christina McCreery (“in absentia”) |
| Steve Tanton | Alex Ciccone |
MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES ON MONDAY, JUNE 10, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is the first Case Management Conference (“CMC”) for appeals pursuant to Sections 22(7) and Section 34(11) of the Planning Act (“Act”) regarding an Official Plan Amendment and Zoning By-law Amendment application.
2The Subject Property is located at 193-199 College Avenue in the City of London. The Subject Property comprises four contiguous land parcels on the south side of College Avenue. The existing land use is comprised of single-detached dwellings on each of the four properties. The property is designated “Low Density Residential” as per the City of London Official Plan. The property is zoned Residential R2 (R2-2(7) under the City of London Zoning By-law No. Z-1.
3The application proposes the redevelopment of the Subject Property for a six-storey mid-rise residential apartment building along the street frontage transitioning down to a four-storey adjacent to the rear of the property, which will introduce 43 new dwelling units.
4The OPA application is necessary to redesignate the property from “Low Density Residential” to “Multi-Family, Medium Density Residential”. The ZBL application is needed to rezone the property to accommodate the proposed residential density and building height.
5It is also requested that File OLT-22-002286, site-specific Appeal No. 15, be consolidated with this current appeal as it regards the adoption by the City Council of a new Official Plan. All Counsel agreed that this approach was the most efficient way of proceeding to avoid duplicitous proceedings.
6On the consent of all parties, the Tribunal conferred Party Status to Steve Tanton, who was present with Counsel Alex Ciccone.
7The Tribunal made the Notice of CMC dated April 22, 2024, as Exhibit One, and the Supplemental Affidavit of Service dated June 5, 2024, as Exhibit Two.
8Counsel for the Applicant/Appellant and the City of London are in alignment with the proposed development. Ms. Hovius indicated that the Council passed a resolution endorsing support for the Proposed Development on June 4, 2024.
PROCEDURAL ORDER, ISSUES LIST, AND MEDIATION
9The Parties requested that this matter go directly to a three-day Merit Hearing commencing on Wednesday, November 20, 2024, and continuing on November 21 and 22, 2024.
10Mr. Ciccone requested two weeks to turn around a Procedural Order and Issues List. Mr. Cheng requested a Procedural Order and Issues List be provided by Mr. Ciccone by June 17, 2024, at 4:30 p.m. Mr. Cheng would respond and file with the Tribunal, the Procedural Order, and Issues List by June 24, 2024, at 4:30 p.m.
11Mediation was offered by the Tribunal, and it was agreed amongst Counsel that once the Issues List has been provided and scoped, there may be an opportunity to engage in Tribunal-led mediation.
ORDER
12THE TRIBUNAL ORDERS that:
a) Mr. Ciccone provide a Procedural Order and Issues List to the
Applicant/Appellant on or before June 17, 2024, and that Mr. Cheng, on behalf of the Applicant/Appellant respond and file with the Tribunal the Procedural Order and Issues List on or before June 24,2024.
b) A three-day Merit Hearing is scheduled to commence on Wednesday, November 20, 2024, at 10:00 a.m. and continue on November 21, 2024, and November 22, 2024.
c) Party Status was conferred to Mr. Steve Tanton.
13There will be no further notice.
14The Member is not seized on this matter.
“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.