Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 19, 2023
CASE NO(S).: OLT-23-000632
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Spire Properties Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the construction of a 24-storey mixed use building Reference Number: 22 198781 STE 13 OZ Property Address: 237 Victoria Street Municipality: Toronto OLT Case No.: OLT-23-000632 OLT Lead Case No.: OLT-23-000632 OLT Case Name: Spire Properties Ltd. 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: Spire Properties Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the construction of a 24-storey mixed use building Reference Number: 22 198781 STE 13 OZ Property Address: 237 Victoria Street Municipality: Toronto OLT Case No.: OLT-23-000633 OLT Lead Case No.: OLT-23-000632
Heard: September 13, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Spire Properties Ltd. | M. Lakatos-Hayward D. Bronskill (in absentia) |
| City of Toronto | D. Elmadany |
| St. Michael’s Hospital | J. Nehmetallah M. Foderick (in absentia) |
| Sick Children’s Hospital Youthdale Limited (“227 Victoria”) 727017 Ontario Inc. (“221 Victoria”) 1853569 Ontario Limited (“249 Victoria”) Farag Properties Inc. (“215 Victoria”) Sunwing Canada Inc. (“251 Victoria”) Yorkland Group Holdings Inc. |
I. Tang C. Gibson Z. Olasege (student-at-law) S. Leisk and J. Evola (both in absentia) C. Gibson on behalf of M. Botnick (in absentia) R. A. Sanichara A. Platt (in absentia) S. Zucchi T. McRae (in absentia) K. Mullin M. Murugesu (in absentia) C. Gibson temporarily on behalf of Michael Cruickshank* (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON September 13, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a first Case Management Conference (“CMC”) for appeals pursuant to sections 22(7) and 34(11) of the Planning Act (“Act”) by Spire Properties Ltd. (“Appellant”) for the failure of the City of Toronto (“City”) to approve an Official Plan Application (“OPA”) and its refusal or neglect to make a decision regarding a Zoning By-law Application (“ZBA”) (together “the Appeals”). The property is known as 237 Victoria Street (“Subject Property”).
2The mixed-use proposal includes a tower consisting of an overall height of 24 storeys (75.4 metres (“m”) to top of roof, and 79 m to top of mechanical) and a floorplate of 741 square metres (“m2”). The proposal will include a total of 256 residential dwelling units and a total gross floor area (“GFA”) of approximately 17,826 m2, including 17,410 m2 of residential GFA and 416 m2 of at-grade retail GFA fronting onto Victoria Street.
3The proposal also contemplates the development of the subject site with one mixed-use building along Victoria Street and Victoria Street Lane. The proposal will incorporate one 18-storey residential tower including a 6-storey podium (20.85 m) with residential units and active retail space at grade.
4The Subject Property falls within the boundaries of the Downtown Secondary Plan which designates the property as Mixed Use Areas 1 - Growth. The Downtown Secondary Plan permits a tall building on the Property and promotes higher density development in proximity to existing and planned rapid transit stations.
5The Affidavit of Service for the hearing, sworn on August 15, 2023, was marked as Exhibit 1 and confirms that Notice was properly circulated by Renata Ribeiro.
STATUS REQUESTS
6There are a total of eight (8) requests for Party Status, considered in the following order at the Hearing and there were no objections from either Counsel for the Appellant or the City to these requests for Party Status.
7St. Michael’s Hospital (“SMH”), located at 30 Bond Street, is requesting Party status relating to the important issue of emergency air ambulance helicopter operations, the potential for any adverse impact on their services, and to a lesser extent, the potential impact on its own future development plans.
8The Hospital for Sick Children (“SickKids”), located at 555 University Avenue and 170 Elizabeth Street , is also seeking Party status, primarily focused on the important issue of emergency air ambulance helicopter operations and the potential for any adverse impact on their services at two helicopter pad locations whose addresses are noted above respectively.
9The remaining requests for Party Status reflected issues of concern with the Appeals including but not limited to the following:
setbacks, step backs, shadowing and height requirements;
site circulation, tower separation distance and density;
Secondary Plan related concerns;
construction dust, noise, traffic and parking; and
neighbouring land development impact, streetscape, and public realm.
10Youthdale Limited (“Youthdale-227 Victoria”): It is noted that Ms. Gibson clarified that, in addition to herself, co-counsel includes S. Leisk and J. Evola in this matter.
11727017 Ontario Inc. (“221 Victoria”): It is noted that Mr. Botnick is lead Counsel to this Party but was unable to attend; the Party was briefly represented by Ms. Gibson in his absence.
121853569 Ontario Limited (“Senate-249 Victoria”): It is noted that the reference to “Mayer” in this Party Status Request will be removed.
13Farag Properties Inc. (“Farag-215 Victoria”): There were no concerns.
14Sunwing Canada Inc. (“Sunwing-251 Victoria”) is located approximately 60 m from the Subject Property and operating as “The Bistro” at this address.
15Yorkland Group Holdings Inc. (“Yorkland-70 and 80 Bond Street”) was briefly represented by Ms. Gibson, at the request of the Party seeking status, solely for the purposes of this first CMC. Ms. Gibson will notify the Tribunal if she is retained as Counsel in the future on their behalf. It was specifically requested that Mr. Cruickshank continue as the contact person to be notified of anything further in the interim period (michael@yorkheritage.com), and Ms. Gibson agrees to update the Case Coordinator if this should change in the future.
16There were no other Party or Participant Status requests received.
17A second CMC is requested by the Parties, and after careful consideration regarding the availability of all representatives present, the second CMC is scheduled to commence on Monday, November 20, 2023 by video conference at 10:00 a.m.
18Parties and Participants 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/687587165
Access code: 687-587-165
19Parties 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
20Persons 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 687-587-165.
21Individuals 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.
22The Tribunal is encouraged that the Parties agree to continue their ongoing dialogue in an effort to scope issues and to achieve some consensus around the issues described relating to the Appeals. The Parties were encouraged to seek Tribunal-led mediation to assist in consideration of the matter.
23Finally, the Tribunal also directed that the Parties provide the Tribunal with a draft Procedural Order and Issues List (“PO/IL”), on or before November 13, 2023, that will assist in guiding a future Hearing of the appeals if the need for a Hearing is ultimately determined.
ORDER
24THE TRIBUNAL ORDERS that Party Status is conferred to the following:
a) St. Michael’s Hospital;
b) The Hospital for Sick Children;
c) Youthdale Limited;
d) 727017 Ontario Inc.;
e) 1853569 Ontario Limited;
f) Farag Properties Inc.;
g) Sunwing Canada Inc.; and
h) Yorkland Group Holdings Inc.
25THE TRIBUNAL FURTHER ORDERS that:
A second CMC is scheduled for Monday, November 20, 2023 by video conference commencing at 10:00 a.m., and
A draft Procedural Order and Issues List shall be submitted to the Tribunal on or before Monday, November 13, 2023.
26No further notice of these proceedings will be provided.
27The Member is not seized of this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
MEMBER
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.