Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2024
CASE NO(S).: OLT-24-000676, OLT-24-000198
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Nipigon Investments Inc. and Nipigon Property Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 50-storey residential building
Reference Number: 23 198805 NNY 18 OZ
Property Address: 26, 28, 30, 32 and 34 Nipigon Ave
Municipality/UT: Toronto
OLT Case No.: OLT-24-000676
OLT Lead Case No.: OLT-24-000676
OLT Case Name: Nipigon Investments Inc. and Nipigon Property Limited 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: Nipigon Investments Inc. and Nipigon Property Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 50-storey residential building
Reference Number: 23 198805 NNY 18 OZ
Property Address: 26, 28, 30, 32 and 34 Nipigon Ave
Municipality/UT: Toronto
OLT Case No.: OLT-24-000677
OLT Lead Case No.: OLT-24-000676
OLT Case Name: Nipigon Investments Inc. and Nipigon Property Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, as amended
Appellant: Nipigon Investments Inc. and Nipigon Property Limited
Subject: Site Plan
Description: To permit a 50-storey residential building
Reference Number: 23 212767 NNY 18 SA
Property Address: 26, 28, 30, 32 and 34 Nipigon Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-000198
OLT Lead Case No.: OLT-24-000198
OLT Case Name: Nipigon Investments Inc. and Nipigon Property Limited v. Toronto (City)
Heard: September 10, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Nipigon Investments Inc. and Nipigon Property Limited
Rodney Gill David Bronskill (in absentia)
City of Toronto
Jessica Braun Jamie Dexter
Metrolinx
Christel Higgs
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON SEPTEMBER 10, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a first Case Management Conference (“CMC”) relating to appeals pursuant to s. 22(7) and 34(11) of the Planning Act (“Act”) from a decision by the City of Toronto (“City”) refusing applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”), respectively. A separate Site Plan Amendment (“SPA”) application was also appealed pursuant to s. 114(15) of the City of Toronto Act (OLT-24-000198), was also brought before the Tribunal. Counsel for the Applicant previously requested that the SPA be administratively combined to be heard together with the OPA and ZBA Appeals in accordance with the Tribunal’s Rules of Practice and Procedures. The Tribunal agreed and directed that it was appropriate to administratively combine the OPA, ZBA, and SPA. (Together, the “Appeals” / “Applications”).
2The Appeals have been filed by Nipigon Investments Inc. and Nipigon Property Limited (“Appellants” / “Applicants”), as owners of the properties municipally known as 26, 28, 30, 32, and 34 Nipigon Avenue in Toronto (“Subject Lands”).
3The Tribunal was in receipt of an Affidavit, signed by Renata Ribiero on August 1, 2024, providing Notice of this CMC Hearing, and is marked as Exhibit 1.
BACKGROUND
4The Applications are seeking permission to redevelop the property with a 50-storey residential building on top of a three-storey podium, with a total height of 165.3 metres (“m”). The total proposed gross floor area is approximately 38,686 square metres, resulting in a floor space index of 17 times the lot area. The Applications propose 569 residential units, 438 bicycle parking spaces, and 132 vehicle parking spaces (“Proposal”).
5The Proposal is in a unique location, within a multi-jurisdictional context, between the Cities of Toronto, Vaughan, and Markham. The Subject Lands are located on the north side of Nipigon Avenue, one block south of Steeles Avenue East, and approximately 160 m southeast of the intersection at Yonge Street and Steeles Avenue East. The Subject Lands are currently occupied by three single-storey detached homes and two two-storey detached homes.
6A City Planning Staff Report, dated January 31, 2024, recommended the refusal of the OPA and the ZBA, noting several concerns relating to the Proposal, including but not limited to:
a) The overall height, massing, and intensity;
b) The impact on adjacent properties in the existing and planned context, which may prevent an orderly development of the block;
c) Servicing capacity and soil concerns; and,
d) Pedestrian connections.
7City Council refused the Applications on March 20, 2024.
PARTY STATUS REQUEST
8The Tribunal was in receipt of a Party status request from Metrolinx, as represented by its Counsel, noting that Metrolinx has initiated expropriation proceedings by serving the registered owners of the Subject Lands with Notices of Application for Approval to Expropriate Land. While the expropriation may be imminent, the registration has not yet occurred, and Metrolinx is anticipating Ministerial approval by November 2024.
9The Tribunal notes that Metrolinx, as a public body, was circulated the Applications for their comments on January 5, 2024, and provided their ongoing input as it relates directly to the Yonge North Subway Extension, which is currently in a preliminary planning, design, and engineering phase. Counsel for the City did not take a position related to this request. However, Counsel for the Applicant submitted that in the absence of a detailed land use planning Issues List, the Tribunal should defer its decision on this Party status request until a further CMC date. The Tribunal granted Party status to Metrolinx.
PARTICIPANT STATUS REQUESTS
10A total of four separate written Participant status requests were submitted from Tony Petruzzo, Shahla Alavi, Dale Harrison and Navid Seifkar (31 Nipigon Avenue) on his own behalf and appearing for two neighbouring residents, including Maryam Aminabshory, Bahrouz Fathi and Somayeh Yazdi (33 and 35 Nipigon Avenue), respectively.
11Common issues of concern from the Participant status requests, for the Tribunal’s consideration, include but were not limited to the following:
a) Height, Scale and Density;
b) Shadowing and Noise;
c) Traffic, Parking, and Community Safety;
d) Public domain and absence of grade-level retail;
e) Privacy/Tranquility concerns;
f) Inadequate design of units;
g) Inconsistency with good planning policy and principles;
h) Adverse impact on the character of the community, erosion of community spirit, and impact on property values; and,
i) Absence of adequate mitigation measures in the design.
12There were no concerns or objections to any of the Participant requests, and the Tribunal conferred Participant status on Tony Petruzzo, Shala Alavi, Dale Harrison, and Navid Seifkar.
HEARING REQUEST, PROCEDURAL ORDER, AND ISSUES LIST (“PO/IL”)
13The Parties consented to a further CMC to be scheduled at the discretion of the Tribunal in October 2024. Counsel for the Applicant further requested a date for a draft PO/IL, and the Tribunal directed that a further CMC be scheduled to commence on Wednesday, October 23, 2024, at 10 a.m. by Video Conference and that a draft PO/IL be submitted to the Case Coordinator on or before Tuesday, October 1, 2024, also on consent of the Parties.
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:
GoToMeeting: https://meet.goto.com/677087597
Access Code: 677-087-597
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: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
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 CMC 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.
18Parties also acknowledged that although the option of Tribunal-led mediation is available with their mutual consent, there is no interest in pursuing this opportunity at the present time.
ORDER
19THE TRIBUNAL ORDERS that:
a) The date and particulars of the further Case Management Conference are set out above; and,
b) The directions in this Decision are so ordered.
20The Member is not seized of this matter.
21There will be no further notice.
“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.