Dear Petition Supporters,
Thank you again for your support of our petition against Zoning By-law Amendment TE17-8. Unfortunately, despite our best efforts, the City Council approved the amendment on November 14th—the very morning after it was held by our councillor. It’s unclear whether any councillors specifically read the petition, though I understand that the City Clerk did circulate it to all council members.
Amended:
The zoning amendment TE17-8 (Bill 1166) has passed, with the affordability period for 12 affordable units extended from 60 years to 99 years.
There is no mention of community impact in the Bill.
Agenda Item 2024.TE17.8
While this outcome is deeply disappointing, I want to inform you that there may still be grounds to challenge this decision by submitting an appeal to the Ontario Land Tribunal (OLT).
Can We Appeal?
According to the Ontario Land Tribunal's guidelines, anyone who submitted written or oral comments to the municipality prior to the decision of council or during a statutory public hearing is eligible to file an appeal.
Our petition, which was submitted to the City Council on November 13, along with the presentation and written submission to the October 24 Community Council meeting, should meet the eligibility requirements for an appeal.
Next Steps:
At this stage, I’d like to hear your thoughts on whether we should proceed with an appeal to the Ontario Land Tribunal. Please share your feedback, either posting a comment in the petition and/or emailing me directly at gw985Woodbine@yahoo.com.
Clarifying the Appeal Process:
If we decide to move forward with an appeal to the Ontario Land Tribunal (OLT), I want to clarify that our appeal would be against the City of Toronto, not Choice Properties REIT (the developer behind the project, which is a division of Loblaws).
This means that if the OLT sides in our favor and finds that the City of Toronto’s approval of the zoning by-law amendment was not consistent with planning policies or proper procedures, the City would be required to reject the zoning amendment.
However, if that happens and the City denies the zoning amendment, Choice Properties REIT could then appeal the OLT's decision to the OLT itself. This would initiate a separate case between Choice Properties REIT and the City of Toronto, not between us and the developer.
In other words, we would not be directly involved in that subsequent appeal between the developer and the City. Our role would be limited to challenging the City’s approval of the amendment, and the OLT’s ruling would apply to the City’s decision, not the developer’s position.
I hope this clears up any confusion about who the appeal is aimed at and how the process could unfold if we proceed.
The Case for an Appeal:
I believe the grounds laid out in our petition and the October 24th submission to Community Council offer a solid case for appeal, particularly regarding lack of public notification, zoning issues and the failure to comply with local planning guidelines. However, I am not a municipal law expert, and to ensure we have the best chance of success, we will need legal expertise to properly vet our case.
If we decide to proceed, I will work to find someone with the necessary experience in municipal law and land use to guide us through the OLT process. If you know of anyone with this expertise, especially someone who might be willing to offer their services pro bono, please let me know or refer them to me.
Ongoing Updates:
I will continue to share background information and updates on the appeal process here, so we can all stay informed and make the best decision moving forward.
Once again, thank you for your support, and please do not hesitate to reach out with any questions or feedback.
Best Regards,
Christopher Haines
gw985woodbine@yahoo.com