Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 08, 2023
CASE NO.: OLT-22-004770
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: See Schedule 1
Subject: Proposed Official Plan Amendment
Description: To permit redevelopment and intensification of the Kingston Road Corridor and Specialty Retailing Node
Property Address: City-wide
Municipality/UT: City of Pickering/Region of Durham
Reference Number: OPA 20-004/P
OLT Case No.: OLT-22-004770
OLT Lead Case No.: OLT-22-004770
OLT Case Name: 375 Kingston Road Corp. v. Durham (Region)
Heard: March 17, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
375 Kingston Road Corporation
A. Platt
Director Industrial Holdings Limited
M. Cara
C. Tanzola (in absentia)
Emix Ltd.
V. Wong
B. Friedman (in absentia)
Tribute (Brookdale) Limited
K. Vergis-Mayo
S. Leisk (in absentia)
C. Gibson (in absentia)
Old Orchard Kingston Road GP Inc.
I. Andres
Max Laskin (in absentia)
Rosebank & Kingston Holdings Inc.
G. O’Brien
1409 Rosebank Holdings Inc.
705 Kingston Road Ltd.
I. Andres
Pickering Ridge Lands Inc.
A. Platt
City of Pickering
M. Joblin
Q. Annibale (in absentia)
Region of Durham
R. Woon
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS AND S. MANN ON MARCH 17, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference for Official Plan Amendment No. 38 (“OPA”) for the City of Pickering (“City”) with respect to appeals brought pursuant to section 17(36) of the Planning Act (“Act”) of the Council decision to approve the OPA.
2The purpose of Official Plan Amendment No. 38 is to add new policies to and change existing policies and land use designations of the Pickering Official Plan to enable the redevelopment and intensification of the Kingston Road Corridor and Specialty Retailing Node and to identify required infrastructure improvements and transportation connections throughout the area in support of anticipated population and employment growth. These new policies will also complement and augment the corporate vision of “Sustainable Placemaking” by promoting land uses and built form that are transit oriented, environmentally friendly, and supportive of mixed-use development and walkability.
3Official Plan Amendment No. 38 applies to properties located:
on the north and south sides of Kingston Road between the Rouge National Urban Park in the west, Pine Creek to the east (inclusive of 1340 Rougemount Drive; 1409 Rosebank Road; 1460, 1467,1475 Whites Road; 944, 950, 975 Merritton Road; 4 Evelyn Avenue; 1101A Kingston Road; 1099 and 1101 Dixie Road);
on the north side of Kingston Road, east of Diana Princess of Wales Park and extending easterly up to and including the Durham Regional Police Service property at 1710 Kingston Road; and
on the east side of Brock Road, north of Highway 401 and south of Kingston Road, which comprises the “Specialty Retailing Node” in the Pickering Official Plan (“Plan”), and 1709 Kingston Road.
4The lands subject to OPA No. 38 have an area of approximately 144 hectares within the City of Pickering.
5The sworn Affidavit of Service related to Notice dated February 17, 2023 was marked as Exhibit 1.
PARTY STATUS
6The Tribunal received written requests for Party status from 705 Kingston Road Ltd. and Pickering Ridge Lands Inc.
7As the owner of 705 Kingston Road, located within the limit of OPA No. 38, 705 Kingston Road Ltd. has demonstrated a direct interest in this matter. The Tribunal was satisfied of reasonable grounds to grant this request, and on consent of the other Parties, 705 Kingston Road Ltd. was granted Party status.
8Pickering Ridge Lands Inc. is the owner of 1755 Pickering Parkway included within the limit of OPA No. 38, and made submissions before the Plan was adopted. The Tribunal has been satisfied of reasonable grounds to grant this request. On consent of the other parties, Pickering Ridge Lands Inc. has been granted Party status.
9In accordance with Rule 8.3 of the Ontario Land Tribunal (“Tribunal”) Rules of Practice and Procedure, Counsel for both 705 Kingston Road Ltd. and Pickering Ridge Lands Inc. acknowledged that they may not raise new issues and may participate fully in the proceeding as long as the issue(s) they are sheltering under remain in dispute by an appellant Party.
10In response to the Notice, no additional requests for Party or Participant status were received.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
11Counsel for the City of Pickering agreed to work with the other Parties to circulate the draft Issues List among the Parties by April 14, 2023.
12The Tribunal canvassed the Parties regarding the time required to produce a draft Procedural Order (“DPO”). On consent, the Tribunal directed that a draft Procedural Order be provided to the Case Coordinator no later than May 17, 2023. If this date cannot be achieved, Counsel for the City is requested to advise the Case Coordinator as soon as this is reasonably known.
MEDIATION
13The Parties advised that they are open to settlement discussions. The Parties indicated that they are aware of the availability of Tribunal-led mediation. Parties also advised that they are aware that they may request this mediation at their convenience.
CASE MANAGEMENT CONFERENCE (“CMC”)
14The Tribunal directs that a second CMC will proceed by video May 26, 2023 in order to enable Parties to finalize the Procedural Order and to provide a status update to the Tribunal.
15The Hearing is scheduled to proceed by video on May 26, 2023 at 10 a.m.
16Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
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 in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889. The access code is 344-779-885.
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.
ORDER
20THE TRIBUNAL ORDERS that:
a. Party status is granted to 705 Kingston Road Ltd. and Pickering Ridge Lands Inc.;
b. Parties are directed to submit a draft Procedural Order and Issues List to the Case Coordinator for the Tribunal’s review no later than May 17, 2023;
c. a second Case Management Conference be held by Video Hearing for one (1) day, commencing on May 26, 2023 at 10 a.m.
21The Members are not seized of the matter but subject to scheduling availability may be spoken to related to Case Management.
22No further notice will be provided.
23THE TRIBUNAL SO ORDERS.
“Astrid J. Clos”
ASTRID J. CLOS
MEMBER
“S. Mann”
S. MANN
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.
SCHEDULE 1
Appellant 1 [Representative]: 375 Kingston Road Corp. c/o Aaron Platt aaronp@davieshowe.com
Appellant 2 [Representative]: Director Industrial Holdings c/o Christopher Tanzola ctanzola@overlandllp.ca
Appellant 3 [Representative]: Emix Ltd. c/o Bryan Friedman & Victor Wong bcf@friedmans.ca; vw@friedmans.ca
Appellant 4 [Contact]: Old Orchard Kingston Rd GP Inc. c/o Tony Siesto oldorchardhomes@rogers.com
Appellant 5 [Representative]: Rosebank & Kingston Holdings Inc. c/o Eichorn, Moshe marceichorn@gmail.com
Appellant 6 [Representative]: Tribute (Brookdale) Limited c/o Signe Leisk; Christie E. Gibson; Katryna Vergis-Mayo sleisk@cassels.com; cgibson@cassels.com; kvergismayo@cassels.com
Approval Authority [Representative]: Region of Durham c/o Kevin Ryan kevin.ryan@durham.ca