Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 14, 2021
CASE NO(S).: PL190357
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 415 Yonge Holding Ltd. (originally by Artis Yonge Street Ltd.)
Subject: Application amend Zoning By-law No. 438-86 - Refusal of Application by the City of Toronto
Existing Zoning: CR T7.8 C2.0 and R7.8 under By-law No. 438-86; and CR 7.8 (c2.0; r7.8) SS1 (x1934) under By-law No. 569-2013
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 42-storey addition (450 residential dwelling units) on top of the existing 19-storey building
Property Address/Description: 409-415 Yonge Street & 9-17 McGill Street
Municipality: City of Toronto
Municipality File No.: 17 278848 STE 27 OZ
OLT Case No.: PL190357
OLT File No.: PL190357
OLT Case Name: Artis Yonge Street Ltd. v. Toronto (City)
Heard: November 26, 2021 by telephone conference call
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 415 Yonge Holding Ltd. | Calvin Lantz |
| City of Toronto | in absentia |
| Jencel 407 Yonge Street Inc. | Natalie Ast |
| Covenant House | Sern Opatowski |
| McGill Granby Village Residents Association | in absentia |
| MTTC 565 (The Lexington) | Paul Normandeau* |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON NOVEMBER 26, 2021 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) was for the purpose of updating the Tribunal on the status of the appeals by 415 Yonge Holding Ltd. (“Appellant”) from the refusal of the City of Toronto to approve amendments to Zoning By-law Nos. 438-86 and 569-2013 as they pertain to the lands known municipally as 409 - 415 Yonge Street and 9 – 17 McGill Street.
2Mr. Lantz reported that settlement discussions have taken place and appear to be moving in the right direction. Based on those discussions the Applicant will be submitting to the City a new development proposal and related revised Zoning By-law Amendment application, and an application for an Official Plan Amendment in early December 2021.
3On that basis, the parties are requesting that another CMC be scheduled in the later part of June 2022. If a settlement is reached prior the parties will request that the CMC be converted to a settlement hearing. Otherwise, the parties will ask that a hearing on the merits be scheduled. In that event, a Draft Procedural Order is to be provided to the Tribunal in advance of the CMC.
4The Tribunal noted that the McGill Granby Residents Association (“MGRA”), represented by Rick Kubowicz, requested and was granted party status at the first CMC, but this is now the fourth CMC at which no one has appeared on behalf of that group. The Tribunal canvassed the attendees, but no one had any knowledge of the MGRA’s or Mr. Kubowicz’s intentions going forward.
5A party is expected to fully engage in the appeal process, which includes attending CMCs. The Tribunal intends to determine at the next CMC if there is justification for MGRA to continue to maintain party status at the next CMC. Accordingly, Mr. Kubowicz is to contact the Tribunal’s Case Coordinator having carriage of this file (Kimberly Livingstone) in advance of the next CMC and advise if it his intent to seek permission to continue as a party in this matter, or to otherwise request that MGRA be permitted to change its status to Participant.
6Paul Normandeau, who identified himself as a representative of MTTC 565 (The Lexington), inquired as to why he had not been receiving notices of the CMCs. The Tribunal explained that the reason he has not received notice is because he did not attend the first CMC and has not been identified as the representative of MTTC 565. The Tribunal directed Mr. Normandeau to provide his contact information to Ms. Livingstone so that he can be added to the Tribunal’s Contacts List.
7At the request of the parties a CMC by video hearing is scheduled for Tuesday, June 28, 2022 at 10 a.m.
8Parties 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/471834709
Access code: 471-834-709
9Parties 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
10Persons 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: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 471-834-709.
11Individuals 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.
12No further notice will be provided.
13This Member is not seized.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
Ontario Land Tribunal
Website: 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.