Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 13, 2023
CASE NO(S).: OLT-22-004740
PROCEEDING COMMENCED UNDER subsection 22 (7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc.
Subject: Request to amend the Official Plan - Failure to adopt the requested amendment
Description: To facilitate the development of two, 14-storey mixed-use buildings
Reference Number: 22 108032 NNY 18 OZ
Property Address: 6167 Yonge Street, 10 Newton Drive, & 9 Madawaska Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-004740
OLT Lead Case No.: OLT-22-004740
OLT Case Name: Streetside Capital Holdings Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34 (11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc.
Subject: Application to amend the Zoning By-law - Refusal or neglect to make a decision
Description: To facilitate the development of two, 14-storey mixed-use buildings
Reference Number: 22 108032 NNY 18 OZ
Property Address: 6167 Yonge Street, 10 Newton Drive, & 9 Madawaska Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-004741
OLT Lead Case No.: OLT-22-004740
OLT Case Name: Streetside Capital Holdings Inc. v. Toronto (City)
Heard: March 23, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Streetside Capital Holdings Inc., Shivani Ruparell, 2126754 Ontario Inc.
Matthew Lakatos-Hayward David Bronskill (in absentia)
City of Toronto
Ray Kallio
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON MARCH 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) on an appeal filed by Streetside Capital Holdings Inc. (“Applicants/Appellants”) against the City of Toronto (“City”) regarding Council’s non-decision of Official Plan Amendment (“OPA”) and Zoning By-law No. 596-2013 and former City of North York Zoning By-law 7625 (“ZBL”) applications concerning 6167 Yonge Street, 10 Newton Drive, and 9 Madawaska Avenue (“Subject Lands”).
2The purpose of the Zoning By-law Amendment (“ZBLA”) application is to amend the ZBL’s to permit development of two (2), 14-storey mixed-use buildings containing 549 residential units and 997.7 square metres (“m2”) of at grade commercial space residential units.
3The proposed development will have a total of 549 residential units with 354 units located on Site A and 195 units located on Site B. The units are comprised of 25 studio units, 317 one-bedroom units, 145 two-bedroom units, and 62 three-bedroom units.
4The Subject Lands are comprised of two main lots that front onto Yonge Street. Site A, located on the north side of Newton Drive, consists of 6167 Yonge Street and also includes 10 Newton Drive and 9 Madawaska Avenue. Site B is located on the south side of Newton Drive and currently has no municipal address, but is being referred to as 6167 Yonge Street for the purpose of this application as it is under the same ownership as Site A.
5Site A has a lot area of 4,338 m2, and Site B has a lot area of 2,150 m2. Site A has approximately 75.16 metres (“m”) of frontage on Yonge Street, as well as 56.53 m of frontage on Newton Drive and 59.76 m on Madawaska Avenue. Site B has approximately 37.17 m of frontage on Yonge Street, as well as 55.91 m of frontage on Newton Drive.
EXISTING USES
6Site A is primarily occupied by a Mazda car dealership at 6167 Yonge Street, as well as a detached house used for the car dealership’s commercial operations at 10 Newton Drive and a two-storey commercial building at 9 Madawaska Avenue. Site B is also part of the Mazda car dealership and provides additional surface parking for the dealership.
OFFICIAL PLAN DESIGNATION
7The lands fronting Yonge Street, primarily at 6167 Yonge Street, are designated Mixed-Use Areas. The lands immediately beyond Yonge Street, primarily at 10 Newton Drive and 9 Madawaska Avenue, are designated Neighbourhoods. 9 Madawaska Avenue is also subject to Site and Area Specific Policy (SASP) 70, which permits a medical office.
ZONING
8The Mixed-Use Areas lands along Yonge Street are zoned Commercial Residential Zone (CR 1.0 (c1.0; r1.0) SS3 (x87)) by ZBL 569-2013, with a height limit of 10.5 m or 3 storeys. The Neighbourhoods designated lands are zoned Residential Detached Zone (RD (f12.0; a370)).
9An OPA is required in order to designate the entirety of Sites A and B as Mixed-Use Areas. A ZBLA is required to amend City of Toronto ZBL 569-2013 and former City of North York ZBL 7625 to permit the proposed mid-rise built form and vary performance standards including building height, gross floor area, minimum setbacks, encroachments, angular plane, access location, parking rates, parking and bicycle parking space locations, building setbacks, and minimum amenity space requirements.
10The sworn Affidavit of Service related to Notice was marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUEST
11In response to the Notice, the Tribunal received no written requests for Party or Participant status at that time.
HEARING
12Matthew Lakatos-Hayward, Counsel for the Applicant/Appellant, provided background to the application. He advised there have been continued discussions with the City. Mr. Lakatos-Hayward noted the Parties would be seeking a second CMC preferably in May or June to allow for a Draft Procedural Order (“DPO”) and Issues List (IL).
13Ray Kallio, Counsel for the City, confirmed the City is consenting to a second CMC to allow for further discussions with the Applicant/Appellant. Mr. Kallio agrees with scheduling a second CMC to allow for the DPO and scoping of the IL.
MEDIATION
14The Parties advised that they are open to settlement discussions. The Tribunal advised of the availability of Tribunal-led mediation.
HEARING DATES
15The Tribunal directs that a second CMC will be held by video hearing commencing on Friday, June 30, 2023, at 10 a.m.
16Parties 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/687587165
Access code: 687-587-165
17Parties 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: +1 (647) 497-9397 or (Toll-Free) 1(888) 299-1889. The access code is: 687-587-165.
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 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.
20No further notice will be given.
THE FINALIZATION OF A PROCEDURAL ORDER AND ISSUES LIST
21The Parties requested further time to provide a DPO including the Issues List with all dates to be included in the Draft Order.
22The Tribunal allowed the Parties to submit to the Tribunal the Draft of the Procedural Order including the Issues List on or before Friday, June 23, 2023.
ORDER
23The Tribunal Member is not seized and may be spoken to for case management purposes subject to the availability of the Tribunal’s calendar.
24The 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.