Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 02, 2022
CASE NO(S).: OLT-22-002021
(Formerly 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.: OLT-22-002021
Legacy Case No.: PL210319
OLT File No.: OLT-22-002021
Legacy 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.: OLT-22-002021
Legacy Case No.: PL210319
OLT File No.: OLT-22-002021
Legacy File No.: PL210320
Heard: January 26, 2022 by video hearing
APPEARANCES:
Parties
Counsel
5205 Yonge Inc.
Jonathan Cheng
City of Toronto
Sarah O’Connor and Gabriela Dedelli
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JANUARY 26, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) in the matter of the appeal by 5205 Yonge Inc. (“Applicant/Appellant”) from the failure of the City of Toronto (“City”) to adopt an amendment to the Official Plan and to amend Zoning By-law No. 7625 (“ZBA”) as it pertains to the lands municipally known as 5203-5215 Yonge Street and 11 Parkview Avenue (“subject lands”).
2The Applicant proposes to redevelop the subject lands with a 32-storey mixed-use building containing 329 residential units with commercial and retail uses on the ground floor.
3Sharolyn Mathieu Vettese, who was granted Participant status at the first CMC, was in attendance.
4The parties confirmed that they are currently engaging in settlement discussions, but have prepared a Draft Procedural Order (“DPO”) and are now requesting that an eight (8)-day hearing be scheduled on the Tribunal’s calendar in order that dates for the exchange of materials can be determined. Once the scheduling details are confirmed, the DPO will be finalized and submitted to the Tribunal for consideration and approval.
5The parties have also requested that a third CMC be scheduled in the event that it is required.
6The hearing is scheduled to proceed by video on Monday, May 30, 2022, at 10 a.m.
7Parties 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/687587165
Access code: 687-587-165
8Parties 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
9Persons 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 687-587-165
10Individuals 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.
11No further notice will be provided.
12This 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.