Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 7, 2022
CASE NO(S).: OLT-22-003932
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 221 Sterling Road Holdings Inc.
Subject: Application to amend the Zoning By-law –Refusal or neglect to make a decision
Description: to permit a three building, 892 unit development
Reference Number: 21 151444 STE 09 OZ
Property Address: 221-227 Sterling Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003932
OLT Lead Case No.: OLT-22-003932
OLT Case Name: 221 Sterling Road Holdings Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 221 Sterling Road Holdings Inc.
Subject: Proposed Plan of Subdivision –Failure of Approval Authority to make a decision
Description: to permit a three building, 892 unit development
Reference Number: 21 151438 STE 09 SB
Property Address: 221-227 Sterling Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003933
OLT Lead Case No.: OLT-22-003932
Heard: August 31, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
221 Sterling Road Holdings Inc. (“Appellant”)
Daniel Artenosi*
Natalie Ast*
Lamb Sterling Corp.
Naomi Mares*
Toronto (“City”)
Derin Abimbola*
South Junction Triangle Grows Neighbourhood Association
Cara Sweeny
TSCC2174 Corporation
Pamela Brittain
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON AUGUST 31, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) on an appeal filed by 221 Sterling Road Holdings Inc. (“Appellant”) against the City of Toronto’s (“City”) failure to make a decision, in relation to a Zoning By-law Amendment (“ZBLA”) and a Draft Plan of Subdivision application concerning 221, 225 and 227 Sterling Road (“Subject Lands”).
2The Notice of Affidavit was marked as Exhibit 1.
3The purpose and effect of the ZBLA application is to amend the Zoning By-law to demolish the existing industrial, factory-style building at 221, 225 and 227 Sterling Road for redevelopment of the Subject Lands with three residential buildings with heights of 20, 25 and 29-storeys that would sit atop two residential podiums. This ZBLA would allow increased height and density on the Subject Lands. The applications propose 56,482 square metres (“m2”)of residential Gross Floor Area (“GFA”) and 892 residential units, including 33 rental replacement units and 23 live-work units. The Draft Plan of Subdivision application proposes to subdivide the site for a proposed portion of a new public road and new public park.
4The applications were submitted by the Appellant on May 4, 2021 and were deemed complete as of June 28, 2021. On September 9, 2021, Toronto and East York Community Council considered a preliminary Report and directed that staff schedule a community consultation meeting, with notice to be given to landowners and residents within 240 metres (“m”) of the site.
PARTY STATUS REQUESTS
5Upon commencement of the Hearing, the Tribunal recognized three requests for Party Status. Lamb Sterling Corp. who is the owner of the lands municipally known as 1405, 1407, 1409 and 1409a Bloor Street West and 229, 231, and 231A Sterling Road (“Lamb Property”). Ms. Naomi Mares, Counsel for Lamb Sterling Corp., submitted that as an immediately adjacent landowner with development applications under appeal, Lamb Sterling Corp. has a substantial interest in the outcome of the Appellant’s appeals.
6Ms. Mares noted in September 2020, Lamb Sterling Corp. filed applications with the City for an Official Plan Amendment (“OPA”) and a ZBLA to facilitate a mixed-use development on the Lamb Property (“Lamb Proposal”). On April 8, 2021, Lamb Sterling Corps. then appealed the City’s failure to make a decision on the applications for OPA and ZBLA (OLT Lead Case No. OLT-22-002507)). The Appellant in this matter, 221 Sterling Road Holdings Inc., was granted Party Status to Lamb Sterling Corps. appeals.
7The Tribunal noted Lamb Sterling Corps. is an immediately adjacent landowner and has a direct interest in the outcome of this appeal. There were no objections raised to the request for Party Status. The Tribunal granted Lamb Sterling Corps. Party Status in this appeal.
8Cara Sweeny represented South Junction Triangle Grows Neighborhood Association (“SJTGNA”). SJTGNA was incorporated in March 2021. Ms. Sweeny advised the Association represents approximately 100 residents and business owners from the South of Bloor Street to the North of Dundas in between the Train Tracks located at the end of Sterling Road. Ms. Sweeny advised the Subject Lands are of a heritage value and the SJTGNA was formed due to the increase of development in the neighborhood with seven development applications in the past two years.
9The Tribunal noted SJTGNA residents have an interest in the outcome of this appeal. There were no objections raised to the request for Party Status. The Tribunal granted SJTGNA Party Status in this appeal.
10Pamela Brittain a board member of corporation TSCC2174, represented the residents of the units on Ruttan Street. The Corporation has 85 units directly across the street from the Subject Lands that will be directly affected by the development in terms of construction, additional traffic, population density, and disruption of the use of their properties.
11The Tribunal noted Corporation TSCC2174 have an interest in the outcome of this appeal. There were no objections raised to the request for Party Status. The Tribunal granted Corporation TSCC2174 Party Status in this appeal.
PARTICPANT STATUS REQUESTS
12During the Hearing, the Tribunal also recognized twenty-one (21) requests for Participant Status. The Tribunal was in receipt and considered the contents of their statements. There were no objections raised by the Parties to the Participant requests.
13The Tribunal determined that the Participants had a genuine interest in these proceedings and granted Participant Status on consent to Angola Murdoch, Camille Dziewurski, Gillian Kotras, James Costa, Julie Ford, Kimberley Betz, Kris Erickson, Laura Pallotta, Matthew Michels, Robert Foerster, Andrea Lothrop, Irmina Ayuyao, Brock Van Dijk, Tomas Hachard, Rebecca Leonard, Anna Sapershteyn, Brittany Nahous, Corry Nicholls, Julia Douglas, Pia Bouman, and Sarah Owen.
HEARING
14Mr. Daniel Artenosi, Counsel for the Appellant provided background of the applications. Mr. Artenosi stated that since the City Community Council meeting was being held in November 2022 to consider these applications and forthcoming decision in December 2022 in regard to their position, he proposed a second CMC to be scheduled no earlier than January 2023 and a ten (10) day hearing in the November 2023 period although noting the City preferred an October 2023 time. Mr. Artenosi also proposed that a draft Procedural Order and Issues List be completed one week before the second CMC.
15Mr. Artenosi advised that on May 17, 2022, the City issued a Notice of Intention to designate the Subject Lands (“Notice of Intention”) under Part IV, Section 29 of the Ontario Heritage Act. On June 16, 2022, the Appellant filed an objection to the Notice of Intention. He advised that under Section 29(6) of the Ontario Heritage Act, City Council was required to consider the Notice of Objection. At the August 15, 2022 Council Meeting, City Council affirmed its intention to designate the Subject Lands, and enacted By-law 1130-2022 (“Designation By-law”) that proposes to designate the Subject Lands under Section 29 of the Ontario Heritage Act.
16Mr. Artenosi submitted that he filed a Notice of Appel to the Tribunal on August 30, 2022. Informing of the appeal of the Designation By-law, pursuant to Section 29(11) of the Ontario Heritage Act. He stated at this stage the Ontario Heritage Act appeal is a separate hearing until such time there may be a motion for a formal consolidation into these Planning Act appeals.
17Counsel for the City, Derin Abimbola, confirmed the Community Council will be meeting on 30 November 2022 and will make a decision at their meeting scheduled for 14 December 2022. At this point the City will determine its position in regard to the Planning Act applications. Ms. Abimbola and all the Parties consented to the proposed second CMC no sooner than January 2023. This would allow time for all the Parties to provide an Issues List for the draft Procedural Order.
18Ms. Abimbola confirmed there may be a motion for consolidation of the Ontario Heritage Act appeal, but it is currently the City’s general position not to consolidate and will be requesting that the Ontario Heritage Act appeal be decided first by the Tribunal before these Planning Act appeals. Ms. Abimbola suggested in the alternative dependent on the decision of the Ontario Heritage Act appeal the hearing if set aside in October 2023, could be used for this appeal.
19The intent of the Parties is to set a second CMC no earlier than January 2023 and a ten (10) day hearing in the October 2023 period. The majority of the Parties have started sharing their Issues List with the Appellant. According to the Parties, this proposed timeframe will allow for the City’s position to be established in regard to these applications along with continued negotiations considering there are now five Parties with each of their respective witnesses and experts.
Mediation
20The Tribunal inquired about the need for Tribunal-led mediation. Mr. Artenosi informed that the Appellant and Brad Lamb, a nearby developer, and the City staff have had private mediation meetings which are ongoing. Mr. Artenosi advised these are preliminary discussions to determine the common issues before having to provide witness statements. Since now there are other Parties involved Mr. Artenosi advised he will invite them to the ongoing mediation meetings in the coming weeks. Mr. Artenosi advised these are productive discussions to understand City staff’s substantive issues.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
21The Tribunal directs a draft Procedural Order and Issues List on consent to be submitted to the Case Coordinator on or before end of day Wednesday, January 11, 2023. Mr. Artenosi as Appellant counsel will coordinate the draft Procedural Order.
CMC aNd Hearing dATEs
22The Tribunal directs that a second CMC (1 day) will be held by video hearing commencing on Wednesday, January 25, 2023, at 10 a.m.
23Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Audio-only telephone line:+1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 709-076-365
24Furthermore, the Tribunal directs that a nine (9) day hearing will be held by video hearing commencing on Tuesday, October 17, 2023, at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Audio-only telephone line:+1 (647) 497-9391 or (Toll-Free) 1(888) 299-1889
Access code: 927-921-077
25Parties 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 at: https://app.gotomeeting.com/home.html
26Persons 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 provided above.
27Individuals 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.
CONCLUSION
28No further notice will be given.
29The Tribunal Member is not seized but may be spoken to for case management purposes subject to the availability of the Tribunal’s calendar.
30The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE
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.