Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 23, 2023 CASE NO(S).: OLT-22-004437

PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18

Applicant/Appellant: 221 Sterling Road Holdings Inc. Subject: Heritage Designation Description: To designate a property under Part IV, Section 29 of the Ontario Heritage Act Reference Number: DBL 1130-2022 Property Address: 221-227 Sterling Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-004437 OLT Lead Case No.: OLT-22-004437 OLT Case Name: 221 Sterling Road Holdings Inc. v. Toronto (City)

Heard: January 25, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel/Representative*
221 Sterling Road Holdings Inc.	Daniel Artenosi, Natalie Ast
City of Toronto	Derin Abimbola, Ray Kallio
Lamb Sterling Corporation	Naomi Mares
South Junction Triangle GROWS Neighbourhood Association	Cara Sweeny*

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON JANUARY 25, 2023 AND ORDER OF THE TRIBUNAL

1The Tribunal convened a Case Management Conference (“CMC”) on the appeals filed by 221 Sterling Road Holdings Inc.(“Applicant”) against the City of Toronto (“City”) for lands municipally known as 221, 225 and 227 Sterling Road (“subject lands”), in the City. The matters before the Tribunal in this CMC are as follows:

a. the second CMC with respect to the failure of the City to make a decision in relation to a Zoning By-law Amendment (“ZBA”) and a Draft Plan of Subdivision application pursuant to s. 34(11) and 51(34) of the Planning Act (Tribunal File Nos. OLT-22-003932 and OLT-22-003933 respectively);

b. the first CMC with respect to the proposed designation of the subject lands by the City (City By-law No. 1130-2022) pursuant to s. 29(11) of the Ontario Heritage Act (“Heritage Act By-law”).

2The purpose and effect of the ZBA application is to amend the City’s Zoning By-law to redevelop the subject lands with three residential buildings with heights of 20, 25, and 29-storeys that would sit atop two residential podiums. The applications propose a total of 56,492 square metres of residential Gross Floor Area and 892 residential units, which include 33 replacement residential units and 23 live-work units. The proposed Draft Plan of Subdivision would provide for a new public road and new public park. The Applicant proposes to demolish the existing industrial, factory-style building existing on the subject lands.

3The City passed Designation By-law No. 1130-2022 in July, 2022, which serves to designate the subject lands, buildings, and structures known municipally as 221 Sterling Road (Including active entrances at 225 and 227 Sterling Road), under Part IV. Section 29 of the Ontario Heritage Act, as amended, as property a of cultural heritage value or interest. The Applicant appealed the Heritage Act By-law to the Tribunal in August, 2022.

PARTY AND PARTICIPANT STATUS

4Lamb Sterling Corporation is not seeking status with respect of the Heritage Act By-law Appeal.

5Toronto Standard Condominium Corporation No. 2174 (“TSCC 2174”) represented by Pamela Brittain, requested a change from Party to Participant status with respect to the ZBA and Participant status to the Heritage By-law matter. On the consent of all Parties, the Tribunal grants Participant status to TSCC 2174 with respect of both matters.

6The South Junction Triangle GROWS Neighbourhood Association (“SJTGNA”) represented by Cara Sweeny will retain its Party status with respect of the ZBA and has a formal request for Party Status with respect of the Heritage Act By-law matter.

7Daniel Artenosi, representing the Applicant, does not consent to SJTGNA’s request for Party status with respect of the Heritage By-law matter for a variety of reasons submitted at this CMC. He submitted that SJTGNA’s Party status request does not sufficiently meet the applicable legislative tests as defined in Rule 8.2 in the Ontario Land Tribunal – Rules of Practice and Procedures (“Rules”). He also noted that the structure of the Merits Hearing scheduled for October 17, 2023, has not yet been established, and this Party status request is best determined at that time. Mr. Artenosi suggested granting SJTGNA Participant status while reserving the Association’s right to request Party status at a later date if necessary.

8Ms. Sweeny advised the Tribunal that SJTGNA represents individuals who live and work in the existing buildings on the subject lands and has been instrumental in having the City consider a heritage designation on the subject lands. She suggested that the Tribunal defer its decision on the Party status request until SJTGNA has the opportunity to provide further information to all Parties and the Tribunal with respect to the need for this organization to be present so the ‘Tribunal may adjudicate effectively and completely on issues’ in the Heritage Act By-law proceeding.

9The Tribunal agrees with Ms. Sweeny and directs that a determination with respect of status of the SJTGNA for the Heritage Act By-law appeal be deferred to the next CMC on this matter.

OTHER MATTERS

10Mr. Artenosi provided background information with respect to the applications for the benefit of the Tribunal Parties and Participants present. He noted that the property at 221 Sterling Road is comprised of a complex of adjoining one and two-storey Industrial buildings constructed in stages beginning in approximately 1914 and ending in 1965. After the employment uses vacated the structures, they have been adaptively reused to support the arts and accommodate a number of residential uses.

11Mr. Artenosi provided a chronology on both the ZBA and Heritage Act By-law process, appeals and present status. He advised the Tribunal that there have been ongoing discussions with the City and other Parties with regard to both the development application and the Ontario Heritage Act designation. These discussions included having the matters consolidated in keeping with Rule 16 - ‘Consolidating Proceedings or Hearing Matters Together’. A determination, in this regard, is an important consideration in the scheduling of the upcoming Merits Hearing.

12Mr. Artenosi requested that the Tribunal schedule a further CMC to allow Parties time to determine a go forward strategy that may include areas of settlement, potential consolidation of the two matters, and the extent of the Issues to be found on the Issues List should a contested hearing be required. Therefore, the purpose of a future CMC would be to deal with:

a. potential areas of settlement that have been reached by Parties for the consideration of the Tribunal.

b. provide a Procedural Order and Issues for an Issues List for the scheduled merits hearing.

c. a motion may be brought to the CMC requesting that the two proceedings be consolidated in keeping with Rule 10 if consensus is not found in this regard.

d. other administrative matters as required.

13All Parties consented to the scheduling of a further CMC and the proposed purpose of this future proceeding.

14The Tribunal is prepared to schedule a full day CMC commencing on Monday, April 24, 2023 at 10 a.m.

15Due to the differing stage in the process of the two matters and the deferral of Ms. Sweeny’s Party request with respect to the Heritage Act By-law appeal, Mr. Artenosi made a commitment to keep all Parties listed in the appearances of this Decision informed with respect to the status of discussions with the City.

16The Parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion this may be a possible path for this matter and understand they may request this mediation at their convenience.

CASE MANAGEMENT CONFERENCE TECHNICAL DETAILS

17A full day CMC will convene on Monday, April 24, 2023 by video hearing at 10 a.m.

18Parties 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/558-205-565 Access code: 558-205-565

19Parties 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

20Persons 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) 497-9373 or (Toll Free) 1-888-299-1889. The access code is as indicated above.

21Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

22Accordingly, the Tribunal Orders.

a. A full-day Case Management Conference is to convene on Monday, April 24, 2023 for Tribunal File Nos. OLT-22-003932 and OLT-22-004437.

b. The Toronto Standard Condominium Corporation No. 2174 is granted Participant status for Tribunal File Nos. OLT-22-003932 and OLT-22-004437.

c. The Party status request of South Junction Triangle GROWS Neighbourhood Association with respect to Tribunal File No. OLT-22-004437 is deferred to the April 24, 2023 Case Management Conference.

23No further notice will be given.

24The Member is not seized.

“Bryan W. Tuckey”

BRYAN W. TUCKEY 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.