Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 27, 2021
CASE NO(S).: PL210319
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 5205 Yonge Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Area B, in accordance with the North York Centre Secondary Plan
Proposed Designation: Amendment to the North York Centre Secondary Plan to introduce a new site-specific polity to permit the proposed height and density, and to seek relief from the maximum permitted proportion of residential gross floor area, among other matters
Purpose: To permit the development of a 32-storey mixed-use residential building containing 329 residential units with ground floor retail
Property Address/Description: 5203-5215 Yonge Street and 11 Parkview Avenue
Municipality: City of Toronto
Approval Authority File No.: 20 227227 NNY 18 OZ
OLT Case No.: PL210319
OLT File No.: PL210319
OLT Case Name: 5205 Yonge 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: 5205 Yonge Inc.
Subject: Application to amend Zoning By-law No. 7625 of the former City of North York - Neglect of the City of Toronto to make a decision
Existing Zoning: General Commercial Zone (C1) on lands located at 5203-5215 Yonge Street and One-Family Detached Dwelling Fourth Density Zone (R4) on lands located at 11 Parkview Avenue
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of a 32-storey mixed-use residential building containing 329 residential units with ground floor retail
Property Address/Description: 5203-5215 Yonge Street and 11 Parkview Avenue
Municipality: City of Toronto
Municipality File No.: 20 227227 NNY 18 OZ
OLT Case No.: PL210319
OLT File No.: PL210320
Heard: October 8, 2021 by video hearing
APPEARANCES:
Parties
Counsel
5205 Yonge Inc. ("Applicant/Appellant")
Calvin Lantz Jonathan Cheng
City of Toronto (“City”)
Sarah O’Connor Gabriela Dedelli (co-counsel)
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1The Applicant/Appellant intends to redevelop its property located at 5203 – 5215 Yonge Street and 11 Parkview Avenue in the City to facilitate the development of a 32-storey mixed-use residential building consisting of 329 residential units, with commercial and retail ground floor uses.
2The Applicant applied for an Official Plan Amendment (“OPA”) in order to amend the Secondary Plan to introduce a new site-specific policy to permit the proposed height and density, and to seek relief from the maximum permitted proportion of residential gross floor area, among other matters.
3The Applicant also applied for an amendment to the Zoning By-law (“ZBA”) to seek relief from the provisions that relate to the proposed use, setbacks, density, building height, permitted projections, and landscaping, among other matters. The proposed ZBA would rezone the subject property to "Multiple-Family Dwellings Sixth Density Zone (RM6)" and "Open Space (OS)".
4The City failed to make a decision on the applications within the time period specified in the Planning Act, R.S.O. 1990, c. P.13, as amended, at which point the Applicant appealed to the Tribunal pursuant to s. 22(7) on the requested OPA and s. 34(11) on the requested ZBA.
5The Tribunal held this first Case Management Conference (“CMC”). Notice for the hearing event and the Affidavit of Service attesting to service were marked as Exhibit 1.
REQUEST FOR PARTICIPANT STATUS
6The Tribunal received one participant status request from Sharolyn Mathieu Vettese, a resident who lives near the subject property and provided written comments to the Tribunal which have been forwarded to the Parties.
7Having heard no objection from the Parties, the Tribunal conferred Participant status to Ms. Vettese.
8There were no requests for Party Status at this CMC.
MEDIATION
9The prospect of the Parties entering into meaningful Tribunal-led mediation was favourably received by the Parties, and it was agreed that the option would be fully explored once the Parties have had an opportunity to collectively look at the issues to determine if mediation would benefit discussions. The Tribunal advised the Parties to contact the Case Coordinator to obtain further information should they wish to pursue Tribunal-led mediations as an alternative approach to a resolution.
REQUEST FOR CMC, Procedural Order AND ISSUES LIST
10Mr. Cheng requested a second CMC be scheduled for January 2022.
11Ms. O’Connor concurred with this timeline and added that any further directions from the City could not be obtained until mid-December after this matter goes before City Council. She stated that it was her hope City Council would have all the information before them on the mid-December agenda.
12It was decided that the City would provide their issues to Counsel for the Applicant/Appellant so that the Parties on consent, may jointly submit a draft Procedural Order containing an Issues List, 10-days in advance of the next CMC.
13A second CMC is scheduled to commence at 10 a.m. on Wednesday, January 26, 2022, by video hearing to discuss the draft Procedural Order, Issues List and set a hearing on the merits of this matter.
ORDER
14The Tribunal orders as follows:
Participant status is conferred to Sharolyn Mathieu Vettese.
Parties are to submit a draft Procedural Order for consideration at the next CMC, on or before January 12, 2022, through the Case Coordinator.
That a second CMC is scheduled as set out above, to discuss the draft Procedural Order, Issues List and set down time for a hearing of the matter.
15Parties 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/408128781
Access Code: 408-128-781
16Parties 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.
17Persons 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 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
18Individuals 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 video hearing 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.
19No further notice of the CMC is required.
20This Member is not seized.
“D. Chipman”
D.CHIPMAN
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.