Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 10, 2021
CASE NO(S).: PL210315
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2316160 Ontario Inc. et al
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Downtown and Central Waterfront
Proposed Designated: Site Specific (To be determined)
Purpose: To permit the redevelopment of the lands with a new 59-storey mixed-use building
Property Address/Description: 510 - 528 Yonge Street and 7 Breadalbane Street
Municipality: City of Toronto
Approval Authority File No.: 20 207354 STE 13 OZ
OLT Case No.: PL210315
OLT File No.: PL210315
OLT Case Name: 2316160 Ontario 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: 2316160 Ontario Inc. et al
Subject: Application to amend Zoning By-law No. 569-2013 and 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Zoning By-law 569-2013 - Commercial Residential CR 3.0 (c2.0; r3.0) SS1 (x2546); Zoning By-law 438-86 - Commercial Residential CR T3.0 C2.0 R3.0 (H18.0)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the redevelopment of the lands with a new 59-storey mixed-use building
Property Address/Description: 510 - 528 Yonge Street and 7 Breadalbane Street
Municipality: City of Toronto
Municipality File No.: 20 207354 STE 13 OZ
OLT Case No.: PL210315
OLT File No.: PL210316
Heard: August 5, 2021 by video hearing
APPEARANCES:
Parties Counsel
2316160 Ontario Inc. Eileen Costello
City of Toronto Lauren Pinder Mark Piel (in absentia)
Bay Cloverhill Community Association Inc. Ian Flett
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON AUGUST 5, 2021 AND ORDER OF THE TRIBUNAL
12316160 Ontario Inc ("Appellant") has appealed against the failure of Council to make decisions with respect to applications to amend the Official Plan and Zoning By-law to permit the redevelopment of lands known municipally as 514-516 and 522-528 Yonge Street and 7 Breadalbane for a 59-storey mixed use building incorporating 19 replacement rental units within the 500 residential units proposed.
2The Affidavit of Service was filed prior to the hearing and marked as Exhibit 1.
3One request was received for Party status from the Bay Cloverhill Community Association Inc. ("BCCA") and the Tribunal was advised that the association had already been engaged in discussions with the representatives of Appellant, which are expected to continue. The Tribunal was further advised that both Parties had successfully mediated resolutions on other developments within the community, and Party status was conferred to the BCCA.
4Counsel for the City advised that a community consultation meeting was held by the City in May of 2021 and confirmed that a directions report is scheduled for the consideration of Council at the September 30, 2021 Council meeting.
5Given that timeline, the Parties have agreed to, and the Tribunal directs, an October 25th deadline for submission of a draft procedural order complete with issues list to the Tribunal for consideration and finalization.
6At that time, the Parties will indicate the length of hearing necessary, their respective availability, and will finalize the procedural order with the Tribunal's administration once hearing dates are secured through the Case Co-ordinator.
7The Member is not seized but may be spoken to should assistance be required in finalizing the procedural order or any other matter arising as case management.
8No further notice will be required other than the Tribunal's Order and directions as to the scheduled hearing to be contained within the final issued Procedural Order.
ORDER
9Party status is conferred to the Bay Cloverhill Community Association Inc.
10The Parties will collaborate and submit a draft procedural order complete with issues list in accordance with the undertakings made at this case management hearing.
"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 ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.