Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 26, 2022
CASE NO(S).: OLT-21-001414
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Autumn Peak Developments Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Apartment Neighbourhoods
Proposed Designation: Apartment Neighbourhoods
Purpose: Infill development to permit a mid and high-rise residential development
Property Address/Description: 680-688 Sheppard Ave East
Municipality: City of Toronto
Approval Authority File No.: 19 248099 NNY 17 OZ
OLT Case No.: OLT-21-001414
OLT Lead Case No.: OLT-21-001414
OLT Case Name: Autumn Peak Developments Inc. 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: Autumn Peak Developments Inc.
Subject: Application to amend Zoning By-law No. 7625 & 569-2013 – Neglect or Refusal of application by City of Toronto
Existing Zoning: Multiple-Family Dwellings Third Density Zone (RM3) & Residential Multiple Dwelling Zone (RM)
Proposed Zoning: Multiple-Family Dwellings Sixth Density Zone (RM6) & Residential Apartment Zone (RA)
Purpose: Infill development to permit a mid and high-rise residential development
Property Address/Description: 680-688 Sheppard Ave East
Municipality: City of Toronto
Municipal File No.: 20 110947 NNY 18 OZ
OLT Case No.: OLT-21-001415
OLT Lead Case No.: OLT-21-001414
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Site Plan
Referred by: Autumn Peak Developments Inc.
Property Address/Description: 680-688 Sheppard Ave East
Municipality: City of Toronto
Municipal File No.: 20 110316 NNY 17 SA
OLT Case No.: OLT-21-001416
OLT Lead Case No.: OLT-21-001414
Heard: April 13, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Autumn Peak Developments Inc
S. Leisk, M. Keating
City of Toronto
M. Longo, R. Ivanov
Sheppard Avenue East Community Group
Y. Peer, N. Papulkas
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE ON APRIL 13, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a Case Management Conference (“CMC”) held to determine dates for a mediation as well as for the Hearing on the merits.
2The Tribunal approved of a request by the Sheppard Avenue East Community Group to have Party status, as the existing Parties the Autumn Peak Developments Inc (“Applicant/Appellant”) and the City of Toronto had no objection.
3The Tribunal also acknowledged and granted Participant status to those who had submitted requests and statements – Victoria Joly, Maria Cheung and Ryan Cyrus.
4The Affidavit of Service was marked as Exhibit 1.
5The existing Parties had identified some of the issues and discussed the possibility of mediation by the Tribunal. It was determined that the Appeals of the Official Plan and Zoning By-law sections would proceed, with the Site Plan Appeals deferred if deemed still necessary. There is also an outstanding application under the Rental Housing Protection Act still under review by the City.
6Ms. Leisk provided aerial photos of the site for the context (Exhibit 2). It is on the north side of Sheppard Avenue East, east of Bayview Avenue and close to the Bassarion subway station. The present application is for a 22-storey tower component, with other parts of the building at 8 and 13 storeys.
7The Parties have agreed on a ten-day hearing in 2023, preferably in January to March. In the meantime, the Tribunal will schedule a mediation, if possible. They would then modify the Issues List about five (5) days following a mediation. Witnesses would be determined as soon as feasible.
8The hearing is scheduled to proceed by video on Monday, March 20, 2023 at 10 a.m.
9Parties and participants 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:
https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
10Parties and participants 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
11Persons 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 765-631-861.
12Individuals 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 hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
“G. Burton”
G. BURTON
MEMBER
“D.S. Colbourne”
D.S. COLBOURNE
MEMBER
Ontario Land Tribunal
Website: 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.