Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2021
CASE NO(S).: PL200441
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Yonge Park Plaza Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas & Parks and Open Spaces – Natural Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit 2 towers comprised of residential, office, retail, restaurants, and hotel uses.
Property Address/Description: 4050 Yonge Street
Municipality: City of Toronto
Approval Authority File No.: 20 115845 NNY 08 OZ
OLT Case No.: PL200441
OLT File No.: PL200441
OLT Case Name: Yonge Park Plaza 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: Yonge Park Plaza Inc.
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: C1(132) and O1(45)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit 2 towers comprised of residential, office, retail, restaurants, and hotel uses.
Property Address/Description: 4050 Yonge Street
Municipality: City of Toronto
Municipality File No.: 20 115845 NNY 08 OZ
OLT Case No.: PL200441
OLT File No.: PL200442
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006 S.O. 2006, c. 11, Sched. A
Subject: Site Plan
Property Address/Description: 4050 Yonge Street
Municipality: City of Toronto
OLT Case No.: PL200441
OLT File No.: PL200443
Heard: June 24, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Yonge Park Plaza Inc. | Jason Park appearing for Patrick Devine and Michael Cook |
| City of Toronto | Mark Piel |
| Cadillac Fairview Corporation Limited | Max Laskin |
| York Mills Valley Association and York Mills Residents Association | Ian Flett |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JUNE 24, 2021 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) to organize the hearing of merit of appeals brought by Yonge Park Plaza Inc. with respect to applications seeking to amend the Official Plan, the Zoning By-law, and to receive site plan approval for a proposed mixed use development of lands located at the northwest corner of Yonge Street and York Mills Road, and known municipally as 4050 Yonge Street.
2At the first CMC the Tribunal, differently constituted, granted Party status to the South Armour Heights Residents Association and the Upper Avenue Community Association. The Tribunal subsequently received correspondence from both associations vacating the Party Status granted, requesting instead Participant Status which was conferred at this proceeding.
3The Tribunal heard submissions from all Parties with respect to house keeping suggestions with respect to the draft procedural order and more substantive submissions from Counsels for the City of Toronto (“City”) and the Appellant, Yonge Park Plaza Inc. with respect to the ownership and related appellant rights under s. 114(15 ) of the City of Toronto Act.
4In response to the position of the City that it is premature to establish hearing dates for the site plan appeal as filed, which includes lands not owned by the Appellant and which accommodate the existing Toronto Transit Commission access to the York Mills Subway station, Counsel for the Appellant undertook to make a determination within four months of this proceeding through ongoing discussions with the City, including the status of acquiring the lands in question, in order to clarify which version of the site plan appeal would be subject of the ultimate hearing of merit.
5It was acknowledged by the Parties that establishing a determination date subsequent to the November Council meeting date would afford the City Solicitor the necessary time to seek Council direction and for all Parties to be apprised prior to the formulation and exchange of witness statements.. The date is to be incorporated into the draft Procedural Order, together with the standard 60-day requirement for resubmission of revisions prior to the date for the exchange of witness statements.
6The Parties were directed by the Tribunal to revise the exchange date for witness statements to 90 days prior to the commencement of the hearing in order to provide sufficient time for the Tribunal to make productive use of any of the requested 15 hearing days determined to be surplus should the issues scope subsequent to the exchange of evidence.
ORDER
7The matter has been set down and a hearing of 15 days to commence on Monday, May 9, 2022 at 10 a.m. by video conference, concluding on May 31, 2022, has been scheduled. The Parties were advised, and the Procedural Order shall reflect that the Tribunal will not sit on May 16 or 23 and were further directed to revise the draft Procedural Order and Issues list in accordance with the directions arising out of the hearing, The Procedural Order is attached hereto as Schedule 1 and forms part of this order.
8Parties 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/334562821
Access code: 334 562 821
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: (Toll Free): 1 888 455 1389 or +1 (647) 497-9391. The access code is 334 562 821.
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.
8No further notice is required and the Member is not seized but may be called upon to assist should the implementation of the Procedural Order require the assistance of the Tribunal.
“Sharyn Vincent”
Sharyn vincent
VICE-CHAIR
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.