Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).: OLT-23-000093
DECISION ISSUE DATE(S): May 10, 2023
CORRECTION NOTICE ISSUE DATE: July 14, 2023
RE: Donshep Developments Limited v. Toronto (City)
Correction to: Goto Meeting link provided on page 9, under para [30].
Originally:
https://global.gotomeeting.com/join/55820556
Corrected to:
https://meet.goto.com/558205565
"Euken Lui" EUKEN LUI REGISTRAR 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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 10, 2023
CASE NO(S).: OLT-23-000093
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Donshep Developments Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 823 residential units and 982.4 square metres of at-grade commercial space
Reference Number: 22 135742 NNY 17 OZ
Property Address: 2500 Don Mills Road
Municipality: City of Toronto
OLT Case No.: OLT-23-000093
OLT Lead Case No.: OLT-23-000093
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Donshep Developments Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 823 residential units and 982.4 square metres of at-grade commercial space
Reference Number: 22 135742 NNY 17 OZ
Property Address: 2500 Don Mills Road
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000094
OLT Lead Case No.: OLT-22-000093
OLT Case Name: Donshep Developments Limited v. Toronto (City)
Heard: May 1, 2023 by Video Hearing
APPEARANCES:
Parties Counsel
Donshep Developments Ltd. Michael Foderick
City of Toronto Daniel Elmadany Laura Bisset (in absentia)
2076203 Ontario Ltd. And 2076204 Ontario Ltd. Christopher Tanzola Justin Reyes
FVM Property Inc. and CF/Realty Holdings Inc. Max Laskin
Hunters Lodge Apts. Inc. Bruce Engell
Nuberg & Dale Construction Ltd. And Anspor Construction Ltd. Aaron Platt
MEMORANDUM OF ORAL DECISION DELIVERED BY Eric S. CROWE ON May 1, 2023 and order of the Tribunal
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to appeals brought pursuant to sections 22(7) and 34(11) of the Planning Act (“Act”) for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (ZBA”) for the property municipally addressed as 2500 Don Mills Road (“Subject Property”) located in the City of Toronto, for the failure of council to adopt or to make a decision within the legislated timeframe.
2The purpose of the OPA and ZBA is to permit the development of two towers with heights at 30 and 39 storeys consisting of 823 residential units and 982.4 square metres (“m2”) of at-grade commercial space.
3The Subject Property is situated at the northwest intersection of Don Mills Road and Sheppard Avenue East. The Subject Property currently contains a gas station and associated uses. The Subject Property is designated Mixed-Use Areas within the City's Official Plan (OP) and within the Sheppard East Subway Corridor Secondary Plan. The Subject Property is subject to OPA No. 476 and associated OPA No. 490, which both establish a general planning framework for the block bound by Sheppard Avenue East, Don Mills Road, Leith Hill Road and St. Timothy's Catholic School.
4The Subject Property is surrounded by a mix of commercial, retail and residential uses:
-North: Hunters Lodge Apartment, a multi-unit residential building at 2600 Don Mills Road; -East: CF Fairview Mall and Toronto Transit Commission (“TTC”) Don Mills subway station across Don Mills Road -South: Sheppard Avenue East, Henry Heights residential low-rise townhouse community; and, -West: A multi-unit residential building at 1650 Sheppard Avenue East
5The Subject Property is approximately 0.7 hectares (“ha”) in size and has approximately 76.3 metres (“m”) of frontage on Sheppard Avenue East. and 91.76 m of frontage on Don Mills Road. The Subject Property is rectangularly shaped and generally flat with minimal topographical changes. With the proposed road widening and parkland dedication to be conveyed to public ownerships, the net developable area is approximately 0.6 ha.
6There are three accesses to the site, with two on Don Mills Road, and one on Sheppard Avenue East. All three accesses are in the Right-In-Right-Out setting. The Subject Property can also be accessed through public sidewalks.
7The sworn Affidavit of Service related to Notice and dated April 14, 2023 was marked as Exhibit 1.
PARTY STATUS REQUESTS
8In response to the Notice, the Tribunal received four (4) written requests for Party status and no Participant status request.
2076203 Ontario Ltd. and 2076204 Ontario Ltd.
9Christopher Tanzola, counsel for 2076203 Ontario Ltd. and 2076204 Ontario Ltd. submits that his client’s companies are immediately adjacent to the west of the Subject Property. As a result of a previous block-wide planning exercise (Block Context Plan/OPA No. 476), 1650 Sheppard Avenue and the neighbouring sites have a direct interest in the planning applications for the Subject Property to ensure that its development is consistent with OPA No. 476 and to ensure that appropriate cost-sharing mechanisms are imposed on the Subject Property for new block-wide infrastructure (e.g. roads and sewers) required as a result of OPA No. 476.
Background – Block Context Plan/OPA 476
10Counsel advised over the course of a number of years, following an appeal to the Ontario Land Tribunal (“OLT”) of its own site-specific development applications, 1650 Sheppard Avenue together with the owner of 25 Leith Hill Road and the owner of 2600 Don Mills Road collaborated with each other and with the City to complete a block planning exercise for the lands located at the northwest corner of Sheppard Avenue East and Don Mills Road, bounded to the west by St. Timothy’s Separate School, to the north by Leith Hill Road, to the east by Don Mills Road, and to the south by Sheppard Avenue East (the “Block Context Plan”).
11The Block Context Plan exercise determined a road network, development blocks, servicing infrastructure, and a new public park that would allow for the redevelopment of the previous tower- in-the-park form of development existing on these lands from an earlier era, with new intensified residential uses in the form of new towers and townhouses in addition to the retention of the existing apartment buildings.
12The Block Context Plan exercise culminated in the approval in October 2020 of City OPA No. 476 by the OLT (then Local Planning Appeal Tribunal), with a written decision following on January 29, 2021 (amended on February 1, 2021) in File No. OLT-22-003623 (formerly LPAT File No. PL170649). Subsequently, 1650 Sheppard and the owner of 25 Leith Hill Road and the owner of 2600 Don Mills Road have jointly submitted a Draft Plan of Subdivision Application to create the road network and development blocks envisioned by OPA 476 and to lay out the details of the required servicing infrastructure for the block.
13As the immediately abutting owner, Mr. Tanzola submits 1650 Sheppard has a direct interest in the outcome of the planning applications that are before the Tribunal for adjudication.
FVM Property Inc. and CF/Realty Holdings Inc.
14Max Laskin, counsel for FVM Property Inc. and CF/Realty Holdings Inc., submits the owners of the property known municipally as 1800 Sheppard Avenue East, which is the site of Fairview Mall (the “CF Property”). The CF Property is located immediately east of the Subject Property.
15Counsel advised his clients has filed an OPA application for the CF Property to facilitate the development of certain portions of the lands, accommodating approximately 4,700 new residential units as well as non-residential uses. A ZBLA application has also been filed for the first phase of development, which includes three mixed-use towers ranging in height from 38-58 storeys.
16Counsel advised his clients are not opposed to the proposed redevelopment of the Subject Property. However, the clients would like to have party status to enable it to monitor the proceedings and ensure that any modifications to the proposed development do not negatively impact the CF Property.
17Finally counsel submits, as an adjacent landowner with development applications under review, his clients have an interest in the appeals as they relate to the built form relationship between the two properties, among other things. Counsel contends the geographic interest satisfies the requirements for Party status pursuant to the Act and the Tribunal’s Rules of Practice and Procedure. Further, the clients’ involvement will not add issues or otherwise lengthen any hearing that may be required in respect of the appeals, meaning there is no prejudice to any other party.
Hunters Lodge Apartments. Inc.
18Bruce Engell, counsel for Hunters Lodge Apartments. Inc. submits his client is the owner of 2600 Don Mills Road. He advised his client’s lands represent the north-east quadrant of the development block which also includes 25 Leith Hill Road, 1650 Sheppard Avenue East and 2500 Don Mills Road.
19Counsel advised Hunters Lodge Apartments. Inc. has a direct interest in the outcome of the planning applications that are before the Tribunal as it is one of the three other owners of lands on the Block and one of the Parties tied to OPA 476.
Nuberg and Dale Construction Limited and Anspor Construction Ltd.
20Aaron Platt, counsel for Nuberg & Dale Construction Limited and Anspor Construction Limited, submits his clients are owners of 25 Leith Hill Road. Counsel explained the lands represent the north-west quadrant of the development block bounded by:
- Leith Hill to the north;
- Don Mills Road to the east;
- Sheppard Avenue East to the south; and,
- St. Timothy Catholic School’s easterly boundary.
21Counsel advised his client, together with the owner of the other sites on the block, retains a direct interest in the planning applications for the Subject Property. The planning exercise culminating in OPA No.476 was the result of discussion, effort and Tribunal-led mediation. Significant time and resources were expended by all Parties to address, amongst other matters, higher order planning objectives and the provision of infrastructure to service the Block.
22Counsel advised his clients already has a proximate site on the Block and a general interest in the matter due to potential impacts from the proposal for the Subject Property. However, his clients have a specific interest in ensuring that development of the Subject Property conforms with OPA No. 476, including that appropriate mechanisms are imposed on the Subject Property for the provision of new block-wide infrastructure (e.g., roads and sewers) required, as a result of OPA No.476, to facilitate the intensification of all lands on the Block, inclusive of the Subject Property.
23The Tribunal has considered the submissions of counsel and was in receipt of and considered the contents of their statements. There were no objections raised by either Party to the Party requests.
24The Tribunal granted Party Status on consent to the following;
2076203 Ontario Ltd. and 2076204 Ontario Ltd. FVM Property Inc. and CF/Realty Holdings Inc. Hunters Lodge Apartments. Inc. Nuberg & Dale Construction Limited and Anspor Construction Ltd.
HEARING
25Michael Foderick, counsel for the Applicant/Appellant, provided background to the application. He advised there have been continued discussions with the City. Mr. Foderick noted the Parties would be seeking a second CMC preferably in July 2023to allow for a Draft Procedural Order (“DPO”) and Issues List (“IL”).
26Daniel Elmadany, counsel for the City, confirmed the City is consenting to a second CMC to allow for City Council Meeting in June 2023 and agrees with scheduling a second CMC to allow for the DPO and scoping of the IL.
MEDIATION
27The Parties acknowledge the assistance provided by the Tribunal led mediation in the previous Block Context Plan/OPA No. 476. Parties also advised that they are aware that they may request this mediation at their convenience.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
28The Tribunal canvassed the Parties regarding the time needed to prepare a Draft Procedural Order and Issues List (“DPO”). Counsel for the City advised that instructions from council would be obtained at the June 15, 2023, City council meeting. On consent, the Tribunal directed that the complete DPO be provided to the Case coordinator no later than Friday, July 14, 2023. Counsel for the Applicant/Appellant will co-ordinate and provide the DPO to the Tribunal by the appointed date. If this date cannot be achieved, Counsel for the Appellant is requested to advise the Case Coordinator as soon as this is reasonably known.
HEARING DATES
29The Tribunal directs that a second CMC will be held by video hearing commencing on Friday, July 21, 2023 at 10 a.m.
30Parties 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://meet.goto.com/558205565 Access code: 558-205-565
31Parties 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
32Persons 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) 497-9373or (Toll-Free) 1(888) 299-1889. The access code is: 558-205-565.
33Individuals 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.
34No further notice will be given.
35The Member is not seized of the matter, but subject to scheduling availability, may be spoken to related to case management.
36The 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.