Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 15, 2023
CASE NO(S).: OLT-22-004605
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: OMERS Realty Holdings (STC One) Inc. ET AL.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: OPA to permit a mixed-use redevelopment of Scarborough Town Centre
Reference Number: 21 206885 ESC 21 OZ
Property Address: (Various Addresses) 300 Borough Drive
Municipality/UT: City of Toronto
OLT Case No: OLT-22-004605
OLT Lead Case No: OLT-22-004605
OLT Case Name: OMERS Realty Holdings (STC One) Inc. ET AL. v. Toronto (City)
Heard: April 27, 2023 via Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
OMERS Realty Holdings (STC One) Inc. ET AL.
P. Patterson M. Grant
City of Toronto
M. Piel A. Ward
Mondelez Canada Inc.
K. Mullin
Toronto Lands Corporation
R. Kehar
Atlantic Package Products Ltd.
P. Doyle*
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON APRIL 27, 2023 and order of the Tribunal
1The matter before the Tribunal is a first Case Management Conference (“CMC”) for the appeals under s. 22(7) of Planning Act, R.S.O. 1990, c. P. 13, as amended, for the failure of the City of Toronto (the “City”) to make a decision on an application of a request for an Official Plan Amendment (“OPA”) that was deemed to be completed within the legislative timeframe of 120 days.
2OMERS Realty Holdings (“STC One”) Inc., OMERS Realty Holdings (“STC Two”) Inc., OMERS Realty Holdings (“STC Three”) Inc. and ARI STC GP Inc./ ARI STC Investments LP (collectively known as “Oxford Properties”) are the owners and operators of approximately 39 hectares located within the Scarborough Town Centre area of the City. This area has been designated to be one of the City’s four Urban Growth Centres and is supported by mass public transit.
3The OPA is required to allow for the proposed multi-phase redevelopment, the Scarborough Town Centre with 21 blocks of mixed-use structures, that would include office, retail, commercial uses, in addition to the proposed 15,500 residential dwelling units. In addition to the existing retail and office space in the current Scarborough Town Centre, the proposal would add another 64,000 square metres (“m2”) of retail and office gross floor area (“GFA”). Once fully built-out, an estimated 1,330,000 m2 of GFA would be constructed.
PARTY STATUS
4Mondelez Canada Inc. (“Mondelez”) an industrial bakery, and Atlantic Package Products Ltd. (“Atlantic”) a packaging company, have operations that run on 24 hours a day, seven days a week schedule, and are both located to the west of the Subject Site. Both cite concerns that the changes proposed in the land use of the Scarborough Town Centre may result in potential adverse impacts that could hamper their ongoing operations.
5Toronto Lands Corporation (“TLC”) is a subsidiary of the Toronto District School Board that has been tasked with the responsibility of dealing with real estate and land use planning matters on their behalf. The TLC has been an active participant in the discussions of the “Our Scarborough Centre” Secondary Plan that is currently underway.
6Hearing no concerns or objections from the statutory parties, the Tribunal Orders that Party Status is conferred to Mondelez, Atlantic, and the TLC.
DRAFT PROCEDURAL ORDER
7The Tribunal was informed that the City staff will be seeking instructions from Council in a report to be presented at the July City Council meetings. As a result, the City is not in a position to identify its list of issues. The City also raised that the City is going through the “Our Scarborough Centre” Secondary Plan study and are not sure what impacts that study make have to the proposed OPA at this point.
8Pitman Patterson, counsel for Oxford Properties, stated to the Tribunal that he has already received a list of issues from Mondelez and will be working with the other Parties to obtain their issues.
9The Parties have requested that a second CMC date will be held mid-August 2023. It is the expectation of the Tribunal that the Parties will come prepared to present a draft Procedural Order and Issues List for the Tribunal’s consideration.
FUTURE CMC
10A second CMC has been scheduled to commence on Tuesday, August 22, 2023, at 10 a.m. by Video Hearing.
11Parties and participants 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:
https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
12Parties 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
13Persons 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: (Toll Free) 1-888-299-1889 OR +1 (647) 497-9373. The access code is the same as mentioned above.
14Individuals 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.
15The Parties were also encouraged to work with the Tribunal’s Case Coordinator on developing a hearing plan and use best efforts in attempting to consolidate the length of the hearing as scheduled, and keep the Tribunal advised of any changes as required.
16The Member is not seized.
17No further notice is required.
18So Orders the Tribunal.
“Steven Cooke”
STEVEN COOKE
VICE CHAIR
Ontario Land Tribunal
Website: www.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.