Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 26, 2022
CASE NO(S).: OLT-21-001370
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Times 5800 Inc
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Mixed-Use Areas
Proposed Designation: Site Specific (To be determined)
Purpose: To permit residential, retail and office uses
Property Address/Description: 5800 Yonge St
Municipality: City of Toronto
Municipality File No.: No. 20 110947 NNY 18 OZ
OLT Case No.: OLT-21-001370
OLT File No.: OLT-21-001370
OLT Case Name: Times 5800 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: Times 5800 Inc
Subject: Application to amend - former City of North York Zoning Bylaw 7625, as amended and the new City- wide Zoning By-law No. 569-2013 - neglect of City of Toronto to make a decision
Existing Zoning: Semi-Public Open Space ("03")
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit residential, retail and office uses
Property Address/Description: 5800 Yonge St.
Municipality: City of Toronto
Municipality File No.: No. 20 110947 NNY 18 OZ
OLT Case No.: OLT-21-001370
OLT File No.: OLT-21-001371
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Times 5800 Inc
Subject: Proposed Plan of Subdivision - Failure of City of Toronto to make a decision
Existing Zoning: Semi-Public Open Space ("03")
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit residential, retail and office uses
Property Address/Description: 5800 Yonge St.
Municipality: City of Toronto
Municipality File No.: No. 21 110960 NNY 18 SB
OLT Case No.: OLT-21-001370
OLT File No.: OLT-21-001372
Heard: May 17, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Times 5800 Inc
Ira Kagan (in absentia) Kristie Stitt Sarah Kagan
City of Toronto
Ray Kallio Roman Ivanov
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY AND STEVE deBOER ON MAY 17, 2022, AND INTERIM ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (the “CMC”) for the above noted matter. Times 5800 Inc. (the “Applicant”) has filed an appeal against the City of Toronto (the “City”) for failing to make a decision for an Official Plan Amendment pursuant to s. 22(7), a Zoning By-law Amendment pursuant to s.34(11) and Plan of Subdivision pursuant to s. 51(34) of the Planning Act (the “Act”). The property is known municipally as 5800 Yonge Street in the City of Toronto (the “Subject Property”).
2The effect of the three planning instruments under appeal is to allow a mixed-use development and to permit an increased height and density on the Subject Property. The existing two storey office building will be demolished. The initial application included residential, commercial and office uses, including a public open space and a non-profit day care. The proposal also included two new public streets. One being a portion of the extension of Beecroft Road and the second a new east-west street linking Yonge Street with the future Beecroft Road.
3The Affidavit of Service sworn April 28, 2022 is marked as Exhibit 1. No further notice is required.
4There are no other requests for party status. The Tribunal has one request for participant status being 5799 Yonge Street Limited (Aoyuan), represented by Ms. Belinda Schubert and Michael Foderick (in absentia). The Tribunal grants participant status with consent of all Parties.
5Ms. Stitt, counsel for the Applicant, advised the Tribunal that her client and the City have achieved a settlement in principle. She requested that the Tribunal schedule a one-day settlement hearing to consider the settlement material after the proposed settlement is dealt with by City Council at their June 15, 2022 meeting.
6Mr. Kallio, counsel for the City, confirmed that a settlement in principle has been reached, the timing of City Council’s consideration of this matter and appropriate scheduling of a future settlement hearing. He made special note that the City and the Applicant have worked extremely hard to find a form of development that is appropriate for the Subject Property and that the settlement, which remains confidential, is different from the original application.
TRIBUNAL DISPOSITION
7The Tribunal is prepared to schedule a one-day settlement hearing commencing on Monday, July 4, 2022 at 10 a.m.
8The Tribunal directs that the Applicant submit (with the consent of all Parties) an Affidavit of a Planner describing the proposed settlement to the Tribunal not later than 4:30 p.m. on Tuesday, June 28, 2022.
SETTLEMENT HEARING TECHNICAL DETAILS
9A one-day settlement hearing will convene on Monday, July 4, 2022, by video hearing at 10 a.m.
10Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 687-587-165
11Parties 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 at: https://app.gotomeeting.com/home.html
12Persons 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.
13Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
INTERIM ORDER
14Accordingly, the Tribunal Orders:
a. A one-day Settlement Hearing to convene on Monday, July 4, 2022.
15No further notice will be given.
16The Tribunal Member’s are not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
MEMBER
“S. deBoer”
S. deBoer
memeber
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.