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Local Planning Appeal Tribunal Tribunal D’Appel De L’Aménagement Local Local Planning Appeal Tribunal Tribunal d’appel de l’aménagement local ISSUE DATE: February 06, 2019 CASE NO(S).: PL170028 PL170626 The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal. PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: D. Crupi & Sons Limited Appellant: Valleymede Building AMA Corporation Subject: Proposed Official Plan Amendment No. OPA 321 Municipality: City of Toronto OMB Case No.: PL170028 OMB File No.: PL170028 OMB Case Name: D. Crupi & Sons Limited v. Toronto (City) PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: D. Crupi & Sons Limited Appellant: Global Fortune Real Estate Development Subject: By-law No. 477-2017 Municipality: City of Toronto OMB Case No.: PL170626 OMB File No.: PL170626 OMB Case Name: D. Crupi & Sons Limited v. Toronto (City) Heard: July 30 - August 17 and September 10-11, 2018 in Toronto, Ontario 2 PL170028 PL170626 APPEARANCES: Parties Counsel Global Fortune Real Estate M. Flowers and Z. Fleischer (student-at-law) Development Corporation D. Crupi & Sons Limited D. White Valleymede Building AMA Corporation D. Bronskill City of Toronto R. Kallio and D. Elmadany DECISION DELIVERED BY C.J. BRYSON AND INTERIM ORDER OF THE TRIBUNAL INTRODUCTION [1] Global Fortune Real Estate Development Corporation (“Global Fortune” and “Applicant”) wishes to develop a multi-unit residential complex at 4665 Steeles Avenue East (“Subject Lands”), inclusive of three towers, up to 793 condominium units, 12,808 square metres (“sq m”) of retail space and 3,257 sq m of office space. Global Fortune requested the City of Toronto (“City”) to convert the Subject Lands’ Official Plan (“OP”) land use designation from Regeneration Areas to Mixed Use Areas as part of the City’s five year comprehensive OP review. It then applied for a zoning by-law amendment to the Scarborough Employment Districts Zoning By-law No. 24982 (“ZB”) to allow for the introduction of residential uses on the Subject Lands and site specific performance standards. [2] The City initiated and then authorized Official Plan Amendment 321 (“OPA 321”) on December 15, 2016 (Exhibit 1C, Tab 27), which re-designated the Subject Lands from Regeneration Areas to Mixed Use Areas. OPA 321 was a result not only of the request of Global Fortune but of the Steeles-Redlea Regeneration Area Study (“Study”) initiated by the City in 2014 and adopted by Council in 2016. 3 PL170028 PL170626 [3] The Steeles-Redlea Regeneration Area (“SRRA”) was one of seven Regeneration Areas created by City Official Plan Amendment 231 (“OPA 231”), adopted by City Council on December 18, 2013. OPA 231 also created Site and Area Specific Policy 395 (“SASP 395”) which required that lands bounded by Steeles Avenue East to the north, the Stouffville GO train corridor to the east of the Milliken Go Station, the planned Redlea Avenue extension to the west and the northern boundary of Passmore Avenue properties to the south, be developed in accordance with a framework created through a study of the area taking into account the policies of section 4.7.2 of the OP. The Study undertaken pursuant to SASP 395 was deemed sufficient by City Council for purposes of the secondary plan requirement of section 4.7.2 of the OP. OPA 231 was partially appealed but the portion creating the SRRA and SASP 395, which authorized the Study, were approved by Order of the then Ontario Municipal Board on June 22, 2015. [4] While OPA 321 re-designated the Subject Lands and surrounding lands north of the Milliken Go Station from Regeneration Areas to Mixed Use Areas, the SRRA Study area lands south of the Milliken GO Station and north of the Passmore properties were re-designated from Regeneration Areas to Employment Areas. OPA 321 further amended SASP 395 to establish policies for development in the SRRA area (“SASP 395 No. 2), including a requirement for provision of office employment uses and the provision of two new public streets from the planned Redlea Avenue extension to the Milliken GO Station, one above and one below it, and a north-south pedestrian connection from Steeles Avenue East to the Milliken Go Station through the Subject Lands. OPA 321 also deleted the existing Site and Area Specific Policy 104 (“SASP 104”) from lands within the SRRA area, which allowed for certain sensitive uses, and added a new Site and Area Specific Policy 497 (“SASP 497”) to recognize four existing places of worship. Finally, SASP 395 No. 2 adopted the Steeles-Redlea Urban Design Guidelines (“SRUD Guidelines”) to assist in evaluating development applications for the SRRA area. The SRUD Guidelines also reference the provision of the two new public streets above and below the Milliken GO Station, indicating their conceptual design. OPA 321 was subject of extensive agency, stakeholder and public consultation. 4 PL170028 PL170626 [5] OPA 321 is subject of two appeals pursuant to section 17(24) of the Planning Act (“Act”): (1) Valleymede Building AMA Corp. (“Valleymede”), the owner of a property at the corner of Steeles Avenue East and Redlea Avenue, and; (2) D. Crupi & Sons Limited (“Crupi”), the owner of properties that host industrial uses on the north and south side of Passmore Avenue. The appeal of Valleymede was made subject of Phase II of this proceeding, which is set to commence on Monday, February 11, 2019, due to the separate nature of the appeal issues. Valleymede is concerned that it was not included in the Mixed Use designation afforded to the Subject Lands by OPA 321 and with the removal of SASP 104 as it applied to their lands. Valleymede, the City and Global Fortune shared the view at the outset of Phase I of these proceedings that any Phase I decision would not impact Phase II of the proceedings. Crupi appealed OPA 321 on the basis of claimed incompatibility of the proposed Mixed Use development with its land uses along Passmore Avenue to the southeast of the Subject Lands and Milliken GO Station. Crupi did not appeal the Mixed Use designation itself, submitting at the hearing that a different type of mixed use development with increased office space and lesser residential density would be more appropriate from a planning perspective. [6] In response to Global Fortune’s application to allow for the desired residential, retail and office uses on the Subject Lands, the City passed By-law No. 477-2017 (Exhibit 2A, Tab 15) (“ZBA”) on April 28, 2017, subject to OPA 321 coming into force, and after extensive agency, stakeholder and public consultation. The ZBA introduced residential uses into the zone, performance standards for height, setbacks, massing and other matters, as well as comprehensive section 37 agreement requirements and a hold provision (“H”) requiring Global Fortune to provide lands for a 20-23 metre (“m”) right-of- way, to be assumed by the City as the public street just north of the Milliken GO Station, running from Redlea Avenue to the Milliken Go Station, the proposed development and the existing Splendid China Mall adjacent to the proposed development. [7] Global Fortune appealed the ZBA pursuant to section 34(19) of the Act on a number of grounds including the need for consistent use of terminology throughout the By-law, the prohibition of openings on the south walls of the condominium towers, 5 PL170028 PL170626 minimum parking requirements, restrictions on balcony projections and maximum floor plate, section 37 agreement requirements including quantum, and the H provision and associated conditions applicable to the provision of lands for the public street and primary access to the proposed development, Milliken GO Station and Splendid China Mall. By the time of the hearing, all but one of Global Fortune’s appeal issues had been resolved between it and the City and an amended ZBA (Exhibit 27) (“ZBA No. 2”) was provided to the Tribunal for its consideration. The one remaining ZBA issue in dispute and not provided for in ZBA No. 2 is the OPA 321, SASP 395 No. 2 and ZBA requirement that the required 20-23 m right-of-way north of the Milliken GO Station be a “public” street. Global Fortune submitted at the hearing that it did not object to the extent of the 20-23 m right-of-way, the associated H provision, or to the City’s desire for the right-of-way to become a public street, but only to the requirement of “public” in the ZBA performance standard 557 under an H provision and as also found within the ZBA performance standard 2385, for it has no control over the City assuming any right-of way as a public highway under the Municipal Act, 2001. [8] Crupi also appealed the ZBA pursuant to section 34(19) of the Act and on a global basis due to compatibility concerns, submitting the ZBA permissions endanger its existing and planned industrial operations to the southeast. Crupi owns 70 Passmore Avenue, on its north side, which hosts heavy equipment storage, indoor and outdoor repair space and a portable aggregate crushing train at the north end of the property and within approximately 175 m of the Subject Lands. Cosimo Crupi, as President of D. Crupi & Sons Ltd., testified his family company has also been exploring the siting of a ready-mix concrete batching plant on that site. Crupi also owns 83-85 Passmore Avenue, on the south side, which is occupied by a long-standing asphalt plan and associated outdoor storage.
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