Ontario Land Tribunal provides Order re Tridel’s Application
The City of Toronto had been fighting the developer for a smaller set of structures, along with local ratepayer groups and neighbours.
Confidential mediation conducted by the Ontario Land Tribunal (OLT) was attended by staff from the City, Tridel representatives, residents from Participant groups, and one Party to the proceedings.
it is important to understand the process for an Appeal to the Province.
The LPAT (now OLT- Ontario Land Tribunal) is a Provincial Appeal body that developers turn to when the city refuses proposals or does not render a decision within the provincially mandated time frame. The Hearings and participation protocols are run similar to law courts. They are not like the Committee of Adjustment!
The procedures are onerous, expensive and involve lawyers and expert witnesses in city planning, transportation and other matters that may be on the Issues List. It is a formal court setting where evidence is given and experts cross-examined.
Residents may participate, usually as Participants with written submissions, but on occasion as Party, which gives locals the opportunity to be heard by the Chair and the developer.
However, it is the City’s Solicitor that has the lead position and expertise to present evidence. This is a costly endeavour.
We are grateful that Councillor Mark Grimes ensured that the City was at the table fighting the development, as he did with the application at 2915 Bloor St. He felt that both the proposals were excessive and took steps to get Council to agree to pay the costs to fight them.
He was joined in both cases by local groups who aquired their own lawyers and experts, anxious to see excessive development curtailed. Participants were the Sunnylea Kingsway Association and a group (which included a member of the KPRI Board) represented by lawyers David Amato and Meghan Payne. The Thompson Orchard Community Association took Party status.
On the advice of the City Solicitor, City Council approved a revised Settlement offer. The City Solicitor and City Planning succeeded in shifting the density away from the residents in the neighbourhood, with 4 storeys on Montgomery, and no shadowing effects.
Councillor Mark Grimes was successful in further reducing the height of the density to the very west of the site (overlooking the creek and the railway lands- no neighbors), reducing the height from 18 to 16 storeys through his motion at City Council.
The part of the structure on Bloor at Montgomery is 6 storeys tall, with a 7th storey recessed back. This is a nod to the Kingsway guidelines.
He also addressed the sidewalk safety concern through his motion which was approved for a new sidewalk from Bloor to Belvedere (4 city blocks) to be constructed by the developer. It should be noted that actual traffic modifications and control efforts are not part of a construction application. Requests for traffic calming, traffic lights, sidewalk changes would be made directly to the Councillor's offices.
As part of the development, Tridel has agreed to a Section 37 payment of $2,690,000.for local area improvements. There are additional Section 37 actions that the City is requesting of Tridel that are detailed in the minutes of the City Council meeting on March 9th. See below for a link to the minutes.
The Hearing was May 30th, 2022. It was a Settlement Hearing and the result was an Order by the OLT, to provide direction.
TO READ THE DETAILS, click here.
The photos and drawings can be seen here.
To see further details of this case on the OLT website, go here and enter case number PL210087
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.
To better understand Procedural Orders, refer to this Sample Procedural Order for Video Hearings.
Click here for the Video Hearing Guide prepared by the Ontario Land Tribunal (OLT) to provide parties and participants with best practices in order to facilitate an efficient hearing event.