Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 25, 2022
CASE NO(S).:
OLT-22-002448
(Formerly PL111146)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant:
Corsetti Meat Packers & Realties Ltd. & 1366686 Ontario Limited
Appellant:
Maple Leaf Foods Inc.
Appellant:
Paletta International Corporation
Subject:
Proposed Official Plan Amendment No. 144
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002448
Legacy Case No.:
PL111146
OLT Lead Case No.:
OLT-22-002448
Legacy Lead Case No.:
PL111146
OLT Case Name:
Corsetti Meat Packers & Realties Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Corsetti Meat Packers & Realties Ltd. & 1366686 Ontario Limited
Appellant:
Maple Leaf Foods Inc.
Appellant:
Paletta International Corporation
Subject:
By-law No. 1170-2011
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002449
Legacy Case No.:
PL111147
OLT Lead Case No.:
OLT-22-002448
Legacy Lead Case No.:
PL111146
Heard:
June 21, 2022 by video hearing
APPEARANCES:
Parties
Counsel
City of Toronto
J. Davidson
Cobalt Developments Limited, Clair West Limited
E. Costello and N. Mares
Paletta International Corporation
M. Baker for Scott Snider
Maple Leaf Foods Inc.
E. Barz for Chris Barnett
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE ON JUNE 21, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a Motion by Appellant Cobalt Developments Ltd., successor in title to the original Appellant Corsetti Meat Packers & Realties Ltd, and by an added Party Clair West Limited, in Cobalt’s appeal from Amendment 144 to the City of Toronto’s Official Plan (“OP”), and the implementing Zoning By-law Amendment No. 1170-2011 (“ZBLA”). The Tribunal granted the request to abridge the notice required for service of the Motion.
2The Parties have mainly reached a settlement. Other existing Parties, Maple Leaf Foods (“Maple Leaf”) and Paletta International Corporation (“Paletta”) took no position on the proposed settlement. Paletta is applying for conversion of its land to the east and would appreciate a CMC in January to assess its position. One Appellant, National Rubber Technologies Corp., had withdrawn its appeal prior to the CMC.
3The moving Parties requested an Order of the Tribunal approving modifications to Official Plan Amendment No. 144 (“OPA 144”), as shown in Exhibit “H” of the Affidavit of Michael Bissett, marked as Exhibit 1, on a site-specific basis, and only as it relates to the properties municipally known as 2221- 2231 St. Clair West and 2237, 2255 and 2283 St Clair West. This is without prejudice to the appeals of the remaining Appellants as set out above.
4OPA 144 implemented the (City-initiated) St. Clair Avenue West Study. The OPA is in force only in the parts of St. Clair Avenue west of Runnymede Road. The City also passed the ZBLA, which made amendments to parent Zoning By-law No. 438-86 to implement OPA 144.
5Four landowners in the area subject to OPA 144 appealed to the OLT. In 2016, the OLT issued an Order bringing portions of OPA 144 into force for the lands west of Runnymede Road, without prejudice to the continuation of the appeals of OPA 144 east of Runnymede Road.
6In September 2021, the Appellant Cobalt, the owner of 2237, 2255 and 2283 St. Clair Avenue West (the “Cobalt Site”) submitted an application to the City for an amendment to Zoning By-law No. 438-86 to facilitate a mixed-use development. The Tribunal had granted Party Status to Cobalt as successor in title to Appellant Corsetti Meat Packers & Realties Limited. The application would authorize two 12-storey buildings with retail at grade on this site. It also proposed a party wall along the east lot line with the building proposed in the application for 2221-2231 St. Clair Avenue West (the “Clair West Site”). The Cobalt application seeks the Mixed-Use Areas (“MUA”) designation that OPA 144 proposed for this Site.
7In March 2021, the owner of the Clair West Site at 2221-2231 to the east requested an amendment to Zoning By-law No. 438-86 to facilitate a 12-storey mixed-use building with retail at grade on the Clair West Site (the “Clair West Application”). This Clair West Application also proposes a MUA designation, as OPA 144 also proposed for the Clair West Site.
THE SITES
8Both sites are located on the south side of St. Clair Avenue West, midblock between Keele Street/Weston Road to the east, and Jane Street to the west. Clair West is located immediately east of Cobalt. Nearby designations are: Neighbourhoods to the north and southwest, with residential uses, Core Employment Areas to the south, with industrial uses, and Employment Areas, with retail uses. OPA 144 redesignated most Employment Areas land here as MUA, to implement the City’s Avenues Study for this segment of St. Clair West.
9Also contained in OPA 144 were Site and Area Specific Policies (“SASP”) including SASP 357, to govern the issue of compatibility of new residential uses with existing employment and industrial uses nearby. A 100-metre distance was required from new residential uses to the lot lines of industries that slaughter animals or render them, or process dead stock for feed.
10A further regulation applied to the Cobalt Site. SASP 357 permits residential units to be located within the 100-metre distance, but only subject to demonstration (through peer- reviewed compatibility studies) that residents would not experience material adverse noise, vibrations, traffic, odour or other emission effects generated from a nearby industrial facility. To enforce these provisions, SASP 357 requires an (H) Holding Symbol for residential uses on the Cobalt Site, until:
a. a satisfactory development proposal has been submitted; and
b. the above-referenced studies have demonstrated no material adverse impact.
11SASP 357 also provides that the (H) Holding may be lifted where the industrial activity that resulted in the “H” ceases, and is not replaced by a same or similar use for a period of one year after.
SETTLEMENT PROPOSAL
12Both Cobalt and Clair West proposed a settlement to the City. It would update OPA 144 to replace the text of SASP 357 with revised language, altering the previous requirements for certain mitigation studies for residential uses within 100 metres (“m”) of an adjacent meat processing plant.
13The revised language was drafted in recognition of a decision of the OLT (July 10, 2018) relating to OP Amendment No. 231 (Employment Areas Lands). This Decision amended the OP to provide new detailed direction for compatibility/mitigation since OPA 144 was adopted. The OP now outlines criteria for determining compatibility between sensitive land uses and surrounding Employment Areas.
14The Settlement Proposal’s revisions to OPA 144 can be summarized as:
a. Revisions to OPA 144 to update SASP 357, altering the requirements for certain mitigation studies for residential uses within 100 m of an adjacent meat processing plant. These are enforced by way of an “H” Symbol, with certain conditions for the lifting of the “H”. These revisions to SASP 357 will require a compatibility/mitigation study as part of a complete application here. This would identify and evaluate options for an appropriate design and buffering or of separation distances for residential uses near Employment Areas;
b. These SASP 357 revisions require the applicant who is given a Notice of Complete Application to provide expanded notice of the application to certain major facilities within its vicinity; and
c. The revisions also set out certain development criteria that Council may consider for applications to introduce, develop or intensify sensitive uses within the influences of certain major facilities.
15The Appellants seek to alter the outdated language in OPA 144 to include the more recent OP direction for compatibility/mitigation criteria, when assessing the effect of sensitive land uses on surrounding Employment Areas. This is considered the most appropriate in this circumstance.
16On May 11, 2022, Council authorized a request to the OLT to allow the appeals to OPA 144 in part, and to modify and approve OPA 144, substantially in accordance with the Settlement Proposal.
17In Mr. Bissett’s professional opinion, the Settlement Proposal (Exhibit “H” to his Affidavit) is consistent with matters of provincial interest as identified in Section 2 of the Planning Act, is consistent with the Provincial Policy Statement (2020), conforms to A Place to Grow: The Growth Plan for the Greater Golden Horseshoe, 2019, conforms with the intent and purpose of the OP, represents good planning in the City of Toronto and is in the public interest.
18Ms. Costello for Cobalt will file a draft Order for the modifications, to apply only to the Cobalt and Clair West properties. She indicated that the necessary zoning awaited the approval of the OPA to designate the parcels as MUA.
FUTURE HEARING EVENTS
19It was agreed that a two-week Hearing would be sought in June 2023, with a possible CMC to deal especially with scoping of issues prior to the date. It would involve only Appellants Paletta International Corp and Maple Leaf Foods Inc. The latter, a leaseholder of Paletta, is winding down these operations, which will result in a reevaluation of its appeal. Ms. Costello pointed out that this property is outside of the lands affected by OPA 144.
20The Tribunal marked the following exhibits:
a. Exhibit 1: Motion Record and Affidavit of M. Bissett
b. Exhibit 2: Affidavit of Service
DECISION AND ORDER
21Based on Mr. Bissett’s opinion and the concurrence of the City, the Tribunal granted the Motion, allowed the abridged Notice and approved the modifications to Official Plan Amendment No. 144 as shown in Exhibit “H” of the Affidavit of Michael Bissett, on a site-specific basis. This affects only the properties municipally known as 2221- 2231 St. Clair West and 2237, 2255 and 2283 St Clair West, without prejudice to the appeals of the remaining Appellants as set out above. The Amendment to the Official Plan is set out in Attachment “1” appended to this Decision and Order.
“G. Burton”
G. burton
VICE-CHAIR
“D.S. Colbourne”
d.s. colbourne
VICE-CHAIR
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.
ATTACHMENT “1”
OFFICIAL PLAN AMENDMENT