Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 30, 2022
CASE NO(S).: OLT-22-002432
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: St. Clair Developments Limited Partnership
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 11-13 storey, 164 unit development
Reference Number: 20 220123 STE 12 OZ
Property Address: 175-195 St. Clair Avenue West and 273 Poplar Plains Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002432
OLT Lead Case No.: OLT-22-002432
OLT Case Name: St. Clair Developments Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 11-13 storey, 164 unit development
Reference Number: 20 220123 STE 12 OZ
Property Address: 175-195 St. Clair Avenue West and 273 Poplar Plains Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002433
OLT Lead Case No.: OLT-22-002432
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Subject: Site Plan
Description: To permit a 11-13 storey, 164 unit development
Reference Number: 21 219409 STE 12 SA
Property Address: 175-195 St. Clair Avenue West and 273 Poplar Plains Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002434
OLT Lead Case No.: OLT-22-002432
Heard: June 7, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| St. Clair Developments Limited Partnership | Ian Andres and Roslyn Houser |
| City of Toronto | Joanna Wice and Cameron McKeich |
| Rational Development in South Hill Group Inc. | Raj Kehar |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE AND HUGH S. WILKINS ON JUNE 7, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On June 7, 2022, the first Case Management Conference (“CMC”) was heard in relation to an appeal brought under s. 34(11) of the Planning Act by St. Clair Developments Limited Partnership (“Applicant/Appellant”) against the City of Toronto (“City”) for failure to make decisions withing the statutory timeframes on applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBLA”), and Site Plan approval (“Applications”) in relation to properties known municipally as 175-195 St. Clair Avenue West and 273 Poplar Plains Road in the City (“Subject Lands”).
2The purpose of the Applications is to facilitate a proposal by the Applicant/Appellant to construct a building with a height of 11-13 storeys, containing 164 units, a new public park at the corner of St. Clair and Poplar Plains (and to dedicate a 464 square metres parcel to the City for that purpose), and an upgraded sidewalk and streetscape (“Proposal”).
3The Tribunal marked as Exhibit 1, the Affidavit of Service of Veronica Walker, confirming that Notice of this CMC was properly given.
REQUESTS FOR STATUS
4The Tribunal was tasked with adjudicating a number of Party and Participant Status Requests.
5A Party Status Request was received from Rational Development in South Hill Group Inc. (“Rational Development”), a corporation representing the interests of certain residents of the surrounding community. Rational Development plans to raise concerns regarding height, massing, density, and other matters. The Tribunal, on consent of the Parties, granted Party Status to Rational Development.
6A Party Status Request was received from Mitchell Gilbert, who lives in a condominium (YCC No. 422) next door to the Subject Lands on Poplar Plains Road. He raised concerns regarding the use of a laneway beside the condominium and access to the rear of that building. At the CMC, Mr. Gilbert decided to change his Party Status Request to a Participant Status Request. He explained that he intended to provide the Tribunal with information in writing that would assist the Tribunal in evaluating the Applications. The Tribunal, on consent of the Parties, granted Participant Status to Mr. Gilbert.
7A Participant Status Request was received from South Hill District Homeowners Association (the “Association”), a corporation representing residents in the area. It raised concerns regarding impacts of the proposed development on the rear yards of neighbouring properties. The Tribunal found that the Association has an interest in the matter and will assist the Tribunal in understanding the potential impacts of the Proposal on the local community. The Tribunal, on consent of the Parties, granted Participant Status to the Association.
8The Tribunal received a Participant Status Request from William and Susanne Blair, who did not attend the CMC. At the suggestion of the Applicant/Appellant, the Tribunal agreed to defer this request to the next CMC date.
MEDIATION AND SETTLEMENT
9The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. The Parties advised that they could be amenable to undertaking mediation, but they are not in a position at this stage to engage in such discussions. They stated that they will be open to the possibility of settlement discussions after the final identification of the issues for adjudication. They stated that they are aware of the availability of mediation.
10The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
PROCEDURAL ORDER AND ISSUES LIST
11The Parties produced a draft Procedural Order (“PO”) prior to the CMC. However, no Issues List (“IL”) was provided. The Parties advised that this was in progress and would be provided to the Tribunal prior to the next CMC date.
12The Parties were directed by the Tribunal to provide a draft joint IL to the Tribunal on or before August 24, 2022.
SECOND CMC DATE
13The Tribunal was asked to schedule a three (3) week hearing, but advised that, without an IL, it would be premature to do so.
14A further CMC was set to take place on Friday, August 26, 2022 at 10 a.m.
15The Applicant/Appellant requested that an additional CMC be scheduled for sometime in early 2023. The Tribunal determined that, at this time, there did not appear to be a need for a third CMC. As such, the decision was deferred to the second CMC date to determine whether an additional CMC was required.
16On August 26, 2022, Parties and Participants are asked to log into the second CMC video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
17Parties 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.
18Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
19Individuals 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 video hearing 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.
20The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
21The Tribunal Orders that:
a. Rational Development in South Hill Group Inc. is a Party in this proceeding.
b. Mitchell Gilbert and South Hill District Homeowners Association are Participants in this proceeding.
c. A second CMC is scheduled to take place on August 26, 2022 at 10 a.m.
d. The Partis are to provide an agreed-upon Issues List to the Tribunal on or before August 24, 2022.
22The Panel Members are not seized.
23There will be no further notice of the second CMC.
“Bita M. Rajaee”
bita M. rajaee
MEMBER
“Hugh S. Wilkins”
hugh s. wilkins
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.