Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 01, 2023
CASE NO(S).: OLT-22-004294
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 3291 Kingston Road GP Inc.
Subject: Request to amend the Official Plan - Failure to adopt the requested amendment
Purpose: To permit an 11-storey residential building
Property Address: 3291 Kingston Road, 2 Windy Ridge Drive and 4 Windy Ridge Drive
Municipality: City of Toronto
Municipal File No.: 20 209863 ESC 20 OZ
OLT Case No.: OLT-22-004294
OLT Lead Case No.: OLT-22-004294
OLT Case Name: 3291 Kingston Road GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 3291 Kingston Road GP Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit an 11-storey residential building
Property Address: 3291 Kingston Road, 2 Windy Ridge Drive and 4 Windy Ridge Drive
Municipality: City of Toronto
Municipal File No.: 20 209863 ESC 20 OZ
OLT Case No.: OLT-22-004295
OLT Lead Case No.: OLT-22-004294
Heard: November 30, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Silver Hotels Ltd.
Rodney Gill/David Bronskill
City of Toronto
Kasia Czajkowski/Daniel Elmadany
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON NOVEMBER 30, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the refusal of the City of Toronto to make a decision regarding Application to amend the Official Plan and to amend City of Toronto By-law No. 569-2013.
2The development proposes an 11-storey residential building containing 309 residential units including 19 on grade units with private amenity and direct entrances from either Kingston Road or Windy Ridge Drive.
3The Site is currently occupied by three (3) low-rise residential dwellings The Applications are necessary to permit the proposed building type, height and density and various other performance standards.
4The purpose of the Case Management Conference (“CMC”) was to receive status updates from both parties to organize the hearing of these appeals.
Party Status
5Janet May of the Cliffcrest Scarborough Village SW Residents Association , informed the Tribunal that their Association is a non-for-profit corporation established by concerned residents wishing to take an active role in municipal issues, which may affect their neighbourhoods including: traffic and public safety, environmental preservation, reviewing development proposals and working to preserve the unique nature of our neighbourhoods.
6The Tribunal further heard, the boundaries of Scarborough Village are slightly irregular: running both north of the Lake and in parts north and west of Kingston Road., south of the rail tracks and east of the Doris McCarthy Trail/Bellamy Road. 3291 Kingston Road, 2 and 4 Windy Ridge Drive are locations within the boundaries of Scarborough Village. The membership does not support the rezoning of Nos. 2 and 4 Windy Ridge Drive in the proposed application to build an eleven-storey mixed use building consisting of 309 units at the subject site.
7Antonio and Iwona Di Tullio are residents of 6 Windy Ridge Drive and the lands subject to the proposed application abut the entirety of our western and northern property lines. They informed the Tribunal that there are many issues/concerns with the current proposal/design, including, without limitation, a material adverse impact on [our] privacy, access to sunlight, and viability of our border trees; the creation of a continuing noise nuisance; inadequate buffering; incompatibility; in addition to material geotechnical and storm water management issues.
8The Tribunal heard that as they will be directly impacted it is therefore , important, that they are afforded an opportunity to be heard and present evidence on the issues with a view to their ultimate resolution.
9The Tribunal granted Party Status to the Cliffcrest Scarborough Village SW Residents Association and Antonio and Iwona Di Tullio with no objections from all Parties. The parties through their legal counsel will present witnesses.
Participant Status
10The Tribunal granted Participant Status to the following with no objections from all parties:
Alicia Dodd
Tom Kasanda
Robert MacLellan
Donna McParland
Dan Tadenc
Donna Balaski
Christopher Burtch
Matthew Eaton
Romina Eaton
Neville Fairclough
Chris Giffin
Gillian Gilmore
AC Golas
Anne Inberg
Alfred Johnson
Michael Kassar
Ron Kharas and Yasmin Shroff
Michael Marmoreo
Janice O’Dowd and Dana Mazare
Margaret Lynne Ormrod
Michael Poirier
Susan Plummer
Julian Restrepo
Bette Ross
Frank Schaedlich
Marina Tadenc
Peter Thachuk
Margaret Toljagic
Joan Ttooulias
Paul and Ingrid Vincent
Dan Tadenc
Michael Kassar
Julie Amoroso
Antonio and Iwona Di Tullio
11The Parties informed the Tribunal that they are seeking a second CMC to finalize an Issues List and to organize a Procedural Order.
12The Tribunal informed the Parties that OLT led-mediation is available should they want to continue their efforts to reach an early resolution on this matter.
13The Tribunal hereby schedules a second CMC of these appeals commencing on Wednesday, March 8, 2023 at 10 a.m. No further notice will be given
14Parties 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/719383509
Access code: 719-383-509
15Parties 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
16Persons 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 719-383-509.
17Individuals 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.
18The Member is not seized and no further notice is required.
19So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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.