Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 01, 2024
CASE NO(S).: OLT-23-000651
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Rox General Partners Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 33 residential units in a 12-storey mixed-use building
Reference Number: 22 137060 STE 11 OZ
Property Address: 219-221 Roxton Road
Municipality: Toronto
OLT Case No.: OLT-23-000651
OLT Lead Case No.: OLT-23-000651
OLT Case Name: Rox General Partners Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Rox General Partners Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 33 residential units in a 12-storey mixed-use building
Reference Number: 22 137060 STE 11 OZ
Property Address: 219-221 Roxton Road
Municipality: Toronto
OLT Case No.: OLT-23-000652
OLT Lead Case No.: OLT-23-000651
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended
Applicant/Appellant: Rox General Partners Ltd.
Subject: Site Plan
Description: To permit the development of 33 residential units in a 12-storey mixed-use building
Reference Number: 22 137059 STE 11 SA
Property Address: 219- 221 Roxton Road
Municipality: Toronto
OLT Case No.: OLT-23-000653
OLT Lead Case No.: OLT-23-000651
Heard: July 26, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| Rox General Partners Ltd. | Doug Pateman, Paul DeMelo (in abstentia) |
| City of Toronto | Marc Hardiejowski |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON JULY 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND UPDATE
1This is the fourth Hearing event concerning the Rox General Partners Ltd. (“Appellant”) appeal against the failure of the City of Toronto (“City”) to decide on concurrent applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Application to redevelop lands known municipally as 219-221 Roxton Road (“Subject Property”). The Subject Property has frontage on the south side of College Street and the east side of Roxton Road.
2The Appellant is seeking planning permissions which will allow for the demolition of two existing residential buildings (one vacant) to permit a redevelopment proposal of 33 residential (rental) units in a 12-storey mixed-use building.
3At the previous case management conference held on April 26, 2024, the Parties set today’s event for what would hopefully be a hearing to consider a settlement. The Parties also scheduled a four-day hearing of the merits to begin on Monday, November 25, 2024, as a contingency if a settlement was not achieved. A draft Procedural Order (“PO”) was also ordered to be submitted by July 19, 2024, unless the settlement was proceeding. The Parties had believed that they would know definitively by July 19, 2024, if a settlement would be possible.
4At today’s event, the Parties advised that while Council has made a decision, the decision has not been made available by the City Clerk as of yet. This is due to the confidential nature of the reports and decision. The City Clerk must confirm the Minutes of Settlement prior to releasing the confidential recommendation made by Council. The Parties are hopeful that the decision by Council will be in favour of a proposed settlement.
5As such, the deadline for a draft PO was extended to Friday, August 2, 2024. The Parties jointly believe that they will know Council’s decision prior to that date. If a settlement is endorsed, then the Parties are to inform the Case Coordinator. In that scenario, the draft PO will not be necessary. The Parties may seek a hearing date to consider the settlement sooner than the hearing dates already set and will advise the Case Coordinator accordingly.
6THE TRIBUNAL ORDERS THAT:
- The Parties shall submit a draft Procedural Order to the Tribunal by Friday, August 2, 2024. If a settlement is reached, the Parties may ask for this date to be released.
7No further notice is required.
8This Member is not seized.
“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.