Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 09, 2022
CASE NO(S).: OLT-21-001055
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended
Applicant and Appellant: NYX Yonge LP
Subject: Application to amend Zoning By-Law 569-2013 – Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: MCR T3.0 C2.0 R2.5 (Mixed-Use District) in former City of Toronto Zoning By-law 438-86 and CR 3.0 (c2.0; r2.5) Standard Set 2 (x2444) (Commercial Residential) in city-wide Zoning By-law 569-2013
Proposed Zoning: CR (Commercial Residential) Site specific
Purpose: To vary performance standards including building height, setbacks and floor space index to permit a proposed 12 storey mixed-use building with 109 residential units and ground level commercial space.
Property Address: 3180-3202 Yonge Street
Municipality: City of Toronto
Municipal Reference Number: 20 214204 NNY 08 OZ
OLT Lead Case No.: OLT-21-001055
OLT Case No.: OLT-21-001055
OLT Case Name: NYX Yonge LP. v. Toronto (City)
Heard: January 21, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| NYX Yonge LP | Joe Hoffman* |
| City of Toronto | Laura Bisset* and Jason Davidson* |
| Lytton Park Residents’ Organization, Inc. | John Gleason |
| Bedford Park Residents Organization | Ted Butler |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JANUARY 21, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an appeal by NYX Yonge LP (the “Applicant”) from the failure of the City of Toronto (“City”) to make a decision on an application for amendments to Zoning By-law Amendment No. 569-2013 (“ZBA”) as it pertains to the lands know municipally as 3180 – 3202 Yonge Street (collectively, the “Property”).
2The purpose and effect of the ZBA is to permit an increase in building height and density and to establish site-specific zoning standards.
3The Property is designated Mixed Use Areas and Avenue by the City’s Official Plan.
Site Context and Proposal
4The Property has a frontage on Yonge Street (63.56 metres (“m”)) and Woodburn Avenue (30.4 m) and is approximately 250 m from the closest major intersection to the south, Yonge Street and Lawrence Avenue. The north entrance of the Lawrence Avenue Subway Station is approximately 10 m from the Property.
5The Property is currently developed with 12 abutting two-storey buildings containing a mix of commercial, office and residential uses on the ground floor and residential units above. The Applicant is proposing to demolish the existing buildings and redevelop the Property with a new 12-storey, high-quality mixed-use building having a total gross floor area (“GFA”) of 12,554 square metres (“sq m”) and a floor space index of 6.51 times the lot area. The development proposal consists of 11,939 sq m of residential floor space and 615 sq m of ground floor commercial space.
6The residential component of the proposal provides for 109 units, consisting of 15 one-bedroom units (13.8%), 82 two-bedroom units (75.2%) and 16 three-bedroom units (11.0%).
7The ground floor of the new building is proposed to contain a residential lobby and five retail units. Indoor amenity space (155.1 sq m) is proposed to be provided on the tenth floor, while outdoor amenity space (232.1 sq m) is proposed for the roof of the building.
8The proposal includes two levels of underground parking, providing for 91 vehicles, 75 long-term bicycles and eight short-term bicycle spaces. The underground parking, loading and services are to be accessed from a driveway along the west side of the Property.
Requests for Status
9The Tribunal received Party Status Request Forms on behalf of the 1) Lytton Park Residents’ Organization, Inc. and 2) Bedford Park Residents Association in advance of this CMC. The Tribunal was told that these two community groups have many issues in common and will continue to work together in an effort to coordinate their case submissions. With the consent of the parties, the Tribunal granted party status to each of these organizations.
10A Participant Status Request Form submitted by local resident, William James Blacklock, was deferred to the next CMC because he did not attend the CMC.
11Christin Carmichael Greb, who was present at the CMC, requested Participant Status on behalf of the Parent Council at Blessed Sacrament Catholic School, of which she is the Chair. She confirmed she had emailed the Participant Status Request Form to the Case Coordinator earlier that same morning. However, at the time of the CMC, the Request Form had not been made available to this Member or the Parties and her request also was deferred to the next CMC.
12A Draft Procedural Order has been prepared and will now be finalized for the consideration and approval of the Tribunal at the next CMC. The parties are familiar with the mediation resources provided by the Tribunal.
13A second CMC and a 10-day hearing has been scheduled, as follows:
14The hearing is scheduled to proceed by video on Friday, July 29, 2022, at 10 a.m.
15Parties 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/519389173
Access code: 519-389-173
16Parties 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
17Persons 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 1(888) 299-1889. The access code is as indicated above.
18Individuals 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.
19No further notice will be provided.
20This 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.