Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 04, 2022
CASE NO(S).:
OLT 22-002502
OLT-22-004189
(Formerly 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
Reference No.:
17 278848 STE 27 OZ
OLT Case No.:
OLT 22-002502
Legacy Case No.:
PL190357
OLT Lead Case No.:
OLT 22-002502
Legacy Lead Case No.:
PL190357
OLT Case Name:
Artis Yonge Street Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
415 Yonge Street Limited Partnership
Subject:
Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation:
Mixed Use Areas and Parks
Proposed Designation:
To redesignate the portion of the lands from Parks to Mixed Use Areas in the Official Plan, as well as delineate that same portion of the lands to Mixed Use Areas - 2 within OPA 406 (the Downtown Plan).
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 and 9 & 17 McGill Street
Municipality:
City of Toronto
Reference No.:
21 252006 STE 13 OZ
OLT Lead Case No.: OLT Case No.:
OLT-22-004189 OLT-22-004189
Heard:
October 25, 2022, by video hearing
APPEARANCES:
Parties
Counsel/Representative*
415 Yonge Holding Limited
Calvin Lantz Donya Yarahmadi
City of Toronto
Mark Piel (in absentia) Daniel Elmadany
399Y Corporation
Adam Brown Jennifer Smuskowitz
Jencel 407 Yonge Street Inc
Christopher Tanzola Natalie Ast
Covenant House
Michael Foderick (in absentia) Daniel Angelucci
McGill Granby Village Residents Association
Rick Kubowicz*
MTCC 565 (The Lexington)
Paul Normandeau*
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON OCTOBER 25, 2022.AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the sixth Case Management Conference (“CMC”) with respect of this matter. The purpose of this CMC is to update the Tribunal on the status of the appeals by 415 Yonge Holding Ltd. (“Appellant”). The lands are municipally known as 109-415 Yonge Street and 9-17 McGill Street (“subject lands”) There are two matters before the Tribunal in this proceeding:
a. the refusal of the City of Toronto (“City”) to approve amendments to Zoning By-laws Nos. 438-86 and 569-3013 (Tribunal File No. OLT-22-002502) pursuant to s. 34 (11) of the Planning Act (“ZBA”) which was the subject of all previous CMC’s and
b. the appeal of the Appellant of the City’s failure to make a decision on an Official Plan Amendment (“OPA”) pursuant to s. 22 (7) of the Planning Act (Tribunal File No. OLT-22-004189) This is the first CMC which this OPA matter is formally before the Tribunal
2The purpose of the CMC is to:
a. have the Tribunal provide direction on the consolidation of the OPA appeal (Tribunal File No. OLT-22-004189) with the existing ZBA proceedings (Tribunal File No. OLT-22-002502) in keeping with Rule 16 of the Ontario Land Tribunal Rules of Practice and Procedure (“Rules”) – Consolidation of Proceedings or Hearing Matters Together: and
b. determine the status of the Tribunal direction found in the decision with respect of this matter issued on August 15, 2022 where the Tribunal Member directed that “The parties are to prepare and submit a draft Issues List and Procedural Order before the end of September, which will be considered at a second CMC on Friday, September 30 2022…”
3The Affidavit of Service sworn September 30, 2022 with respect of Tribunal File No. OLT-22-004189 is marked as Exhibit 2. No further notice is required.
4There are no additional requests for Party or Participant status with respect to this matter. All existing parties are represented in this proceeding as illustrated in the appearances.
SUBMISSION OF ISSUES LISTS
5Mr. Lantz on behalf of the Appellant, provided a status update for the benefit of the Tribunal and Parties present. He advised the Tribunal that his client has received issues from all parties except the City nor has the City provided comments on the Appellant’s revised proposal submitted to the City in December 2021.
6It is Mr. Lantz’s submission that the Tribunal decision of August 2022 was clear. All parties were Ordered to provide Issues Lists before the end of September 2022. This included the City. Without staff comments or the City’s Issues List, Mr. Lantz is unable to either finalize a Procedural Order (“PO”) to guide the previously scheduled merits hearing or continue to work towards scoping. reducing, refining, or finding settlement on issues in advance of the hearing.
7Mr. Lantz is prepared to take a leadership role in the preparation of a PO and a consolidation, scoping of Issues on the Issues List. He is prepared to provide the Tribunal with a PO that has been reviewed by all parties and presented to City Council to allow counsel for the City to receive instructions on the revised proposal from the Council based on a well articulated and complete PO.
8Mr. Elmadany, Counsel for the City, submitted that the City is not required to submit an Issues List until the CMC that is scheduled in December 2022. He has no instructions from City Council, but this matter is scheduled for its first meeting. Mr. Elmadany noted that the Appellants application is different as the office building that the Appellant was previously maintaining is no longer part of the revised proposal as it will be demolished, and the subject lands are proposed to be largely residential. It is his view that there was a previous planning staff refusal report on the original application and therefore, the comments and issues with the revised proposal could well be similar. There are changes in the immediate area subsequent to the Appellant’s appeal including the appeal of an OPA by the Appellant, a block plan exercise, and an application by 399Y Corporation (‘339Y”) to the lands immediately south.
9All other parties have submitted Issues Lists and are prepared to work with Mr. Lantz to scope and refine the PO where appropriate.
10Upon completion of the submissions, Mr. Lantz requested that the Tribunal give direction to the City to provide the Appellant comments and a draft Issues List to all parties within a two week period on the revised proposal.
11The Tribunal finds that the go forward strategy as defined in the August 15, 2022 decision is clear. All parties were directed to provide Issues for a PO Issues list on the Appellant’s revised proposal “before the end of September”. This includes the City. The apparent reason for this is to give the parties time to review, scope and refine issues as appropriate in an effort to ensure a “fair, just, expeditious and cost-effective resolution of the proceedings”. A refined and scoped PO is to the clear benefit of all parties and City Council in its consideration of this matter.
12The Tribunal expects to see at the next CMC on December 20, 2022 a draft PO that has advanced to a sufficient form that it may be reviewed and approved to come into full force and effect and guide the hearing scheduled for May 8, 2023.
CONSOLIDATION OF THE OPA AND ZBA
13Mr. Lantz requested the OPA appeal (Tribunal File No. OLT-22-004189) be consolidated with the ZBA appeal (Tribunal File No. OLT-22-002502) in keeping with Rule 16 of the Rules. All parties consented to these two files being consolidated The Tribunal agrees.
399Y
14Mr. Brown, Counsel for 399Y, advised the Tribunal that his client has been working with the City on the requested block plan, has received comments from the City with respect to 399Y’s application and expects to finalize an appeal to the Tribunal shortly. He advised the Tribunal that he intends to bring forward a motion to have the 399Y appeal consolidated with that of the Appellant and be adjudicated (if necessary) at the scheduled May 2023 hearing. He and Mr. Lantz have been working to integrate as best they can their clients’ proposals.
15A consolidation request is not before this Tribunal and Mr. Brown clearly knows the process on how to get direction from the Tribunal on this request. This being said, other parties did express reservations with respect to such a request ranging from the need to amend existing Issues List to not agreeing to the suggested consolidation.
16The Tribunal advised Mr. Brown that he should bring a forward a Motion in keeping with Rule 10 of the Rules for consideration of all parties and adjudication of the Tribunal as early as practical.
17The Parties were made aware of the availability of Tribunal-led mediation. Parties are aware of this service and understand they may request this mediation at their convenience as required. They will have a better idea on whether mediation would be helpful after all Issues Lists have been received.
ORDER
18Accordingly, the Tribunal Orders.
a. Tribunal files Nos. OLT-22-004189 and OLT-22-2502 are hereby consolidated in keeping with Rule 16 of the Ontario Land Tribunal Rules of Practice and Procedure – Consolidation;
b. The City of Toronto will provide City staff comments with respect to 415 Yonge Holding Limited’s revised application to the Applicant no later than 4:30 p.m. Tuesday, November 8, 2022. and
c. The City of Toronto will provide all parties and the Tribunal with a draft Issues List suitable for a Procedural Order Issues List on a without prejudice basis with respect of 415 Yonge Holding Limited’s revised application no later than 4:30 p.m. Tuesday, November 15, 2022.
19The Member is not seized.
20There is no further notice required.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
MEMBER
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.