Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
June 6, 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:
May 26, 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.
B. Friedman
V. Wong
Tribute (Brookdale) Limited
K. Vergis-Mayo
S. Leisk (in absentia)
C. Gibson (in absentia)
Old Orchard Kingston Road GP Inc.
M. Laskin
I. Andres
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 MAY 26, 2023 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) for Official Plan Amendment No. 38 (“OPA”) of the City of Pickering (“City”) with respect to appeals brought pursuant to section 17(36) of the Planning Act of the Council Decision to approve the OPA.
2The purpose of the OPA is to add new policies to and change existing policies and land use designations of the Pickering Official Plan (“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 forms that are transit-oriented, environmentally friendly, and supportive of mixed-use development and walkability.
3The OPA 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 Plan, and 1709 Kingston Road.
4The lands subject to the OPA have an area of approximately 144 hectares within the City.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
5The Parties filed a Draft Procedural Order (“DPO”) and Issues List prior to this CMC. Mr. Joblin, Counsel for the City provided an update that a Phase 1 area-wide hearing followed by further site-specific phase(s) of hearing(s) had been discussed with the Parties. The Tribunal heard from the Parties that further scoping of issues for the Phase 1 hearing may occur which could impact the number of merit hearing dates required. A separate DPO is intended to be filed in the future by the Parties for the site-specific appeals.
6The Tribunal canvassed the Parties with respect to confirming their clients’ intentions to scope their appeal and issues to Mr. Joblin for the Phase 1 merit hearing by Friday, June 16, 2023. This was unopposed and the Parties agreed to work together in this manner.
7The Tribunal directed the Parties to provide the updated DPO for the Phase 1 merit hearing to the Case Coordinator by Friday, July 21, 2023. The Parties did express a caution that the phased hearing approach could potentially be abandoned based on further discussion among the Parties. The updated DPO is to provide confirmation of the hearing structure i.e., phased or not phased, being sought by the Parties.
MEDIATION
8The Parties were reminded of the availability of Tribunal-led mediation and that they may request this mediation at their convenience.
CMC
9The Tribunal directs that a third CMC will proceed by video on Friday, July 28, 2023, at 10 a.m. to enable Parties to finalize the DPO and to schedule the merit hearing.
10Parties 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/638422541
Access code: 638-422-541
11Parties 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
12Persons 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: 638-422-541
13Individuals 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.
ORDER
14THE TRIBUNAL ORDERS that:
a. The Parties submit a draft Procedural Order and Issues List to the Case Coordinator for the Tribunal’s review no later than Friday, July 21, 2023,
b. A third Case Management Conference be held by Video Hearing for one day, commencing on July 28, 2023, at 10 a.m.
15This Member is not seized of the matter.
16No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
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