Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 16, 2023
CASE NO(S).: OLT-23-000686
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2350 Yonge Street Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 50-storey residential building with a 9-storey base and a 41-storey tower including 323 residential units
Reference Number: 22 176294 NNY 08 OZ
Property Address: 2350 – 2352 Yonge Street
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-000686
OLT Lead Case No.: OLT-23-000686
OLT Case Name: 2350 Yonge Street Inc. v. Toronto (City)
Heard: October 26, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2350 Yonge Street Inc. | Matthew Lakatos-Hayward Rodney Gill (in absentia) |
| City of Toronto | Gabe Szobel |
| 297506 Ontario Ltd. | Andrew Valela Mark Flowers (in absentia) |
| Phoenix 2323 Yonge Street Inc., Phoenix 2329 Yonge Street Inc., and Phoenix 2345 Yonge Street Inc. |
Anne Benedetti |
| 2354 Yonge Street Inc. | Jonathan Cheng Calvin Lantz (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON OCTOBER 26, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding an appeal pursuant to section 34(11) of the Planning Act (“Act”) by 2350 Yonge Street Inc. (“Applicant”) against the failure of the City of Toronto (“City”) to make a decision regarding an application for a Zoning By-law Amendment (“ZBA”) within the required timeframe for the property located at 2350 - 2352 Yonge Street (“Subject Property”).
2The Tribunal received an Affidavit of Service, sworn by Mina Siskopoulos, confirming that Notice of this first CMC was given, and marked it as Exhibit 1. Upon review and consideration, and with no issues raised by the Parties, the Tribunal finds that Notice was appropriately given and that no further notice is required.
3Located on the west side of Yonge Street in the second block north of Eglinton Avenue, the Subject Property is rectangular in shape, has a frontage of approximately 12.5 metres (“m”) along Yonge Street, a depth of approximately 41.2 m and a total area of approximately 516 square metres (“sq m”).
4The Subject Property is located within the Yonge-Eglinton Centre of the City’s Official Plan and is within the boundaries of the Yonge-Eglinton Secondary Plan. It has been identified as within the boundaries of the Eglinton Protected Major Transit Station Area, which is before the Province for approval.
5The application is to amend Zoning By-law 569-2013 (“ZBL”). There is also an application for a Draft Plan of Subdivision, which is not before the Tribunal. The proposal would permit the development of a 50-storey residential building with a nine-storey base building and a 41-storey tower element above on a narrow tower floor plate (458 sq m Gross Construction Area). There would be a total of 323 dwelling units and a gross floor area of approximately 20,562 sq m. The proposal would feature 325 bicycle parking spaces (291 long term spaces and 34 short term spaces). No vehicular parking is proposed and vehicular access would be through the existing private driveway (which extends from Helendale Avenue to an internalized Type G loading space).
STATUS REQUESTS
6In response to the Notice, the Tribunal received four requests for Party status from the following:
| Name | Description | Interest/concerns |
|---|---|---|
| EPRA-LPRO-SKC-500 Duplex Coalition (“Coalition”) | Incorporated Coalition which consists of four constituent groups: two Residents’ Associations, the members of Stanley Knowles Co-op (all three incorporated) and the tenants of the tower at 500 Duplex (who have a non-incorporated association) The current application is in the territory or in close proximity to the territory of all groups |
- the impacts on pedestrian environment (especially on elderly and disabled persons) - the lack of easy access for disabled persons - the proposed small size of many of the apartments - the proposed height and lack of step down to the Yonge-Eglinton intersection |
| 297506 Ontario Ltd. (“297”) | Owns lands at 2346 Yonge Street and 28 Orchard View Boulevard, immediately adjacent to the Subject Property to the south and west | - intends to submit an application for a high-density mixed-use development on its lands - wants to ensure that any development on the Subject Property will not have an adverse impact on its lands |
| Phoenix 2323 Yonge Street Inc., Phoenix 2329 Yonge Street Inc. and Phoenix 2345 Yonge Street Inc. (“Phoenix Yonge Street”) | Own lands located directly across Yonge Street from the Subject Property | - have a number of applications regarding the redevelopment of their lands for two separate developments currently in process at the City - as neighbouring land owner and as an applicant for a tall building transit-supportive development in close proximity to the intersection of Yonge and Eglinton |
| 2354 Yonge Street Inc. | Owns lands adjacent to and immediately north of the Subject Property | - wants to ensure the proposed development does not impact or diminish the development potential of their lands nor impact the existing uses |
7The statutory Parties expressed no concerns with the latter three requests. Upon review and consideration, the Tribunal was satisfied that each entity had a direct interest in the matter and found that their participation as Parties would assist the Tribunal in the effective adjudication of the matter.
8Regarding the request by the Coalition, Counsel for the Applicant stated that his client would support the granting of Participant status but objected to the granting of Party Status. Mr. Lakatos-Hayward submitted that the Coalition’s stated concerns regarding the public realm and built form issues have been identified by the City (based on a recent Staff Report) which intends, and is well-poised, to raise those issues. Given this, and subject to Rule 8.2 of the Tribunal’s Rules of Practice and Procedure, it was his client’s position that the Coalition’s participation was not necessary for the adjudication of this matter. The City had no objection to the Coalition’s request.
9The Tribunal asked questions of clarification of the Coalition’s representative, Lindsay Isaac-Lalla. In particular, when asked about the Coalition’s intent to call any witnesses, she indicated that the Coalition would not be calling any witnesses.
10Upon review and consideration of the Coalition’s request for Party Status and having heard the submissions of the counsel for the Parties and of Ms. Isaac-Lalla, the Tribunal determined that the concerns raised by the Coalition were duplicative of issues to be advanced by the City and, as no witnesses would be presented by the Coalition, the Tribunal determined that its participation as a Party would not assist in the effective adjudication of this matter. As such, the Tribunal considered it appropriate, in the alternative, to grant Participant status to the Coalition, which enables it to express its concerns in writing.
11Following the CMC, the Tribunal was made aware through correspondence, that the Coalition did intend to call at least one witness. Their request for Party status may be reconsidered at the second CMC, based on what the Tribunal understands to be updated information.
Tribunal-Led Mediation
12Upon inquiring into possible opportunities for settlement or mediation, the Tribunal was informed that a Tribunal-led mediation assessment had already been scheduled for the following day, October 27, 2023. Mr. Lakatos-Hayward stated that he would ensure that all Parties were provided with the pertinent details regarding that assessment.
NEXT STEPS
13Counsel for the Applicant advised that he had not yet canvassed the added Parties regarding a draft Procedural Order (“PO”) including Issues List (“IL”). He proposed that a second CMC be scheduled in early to mid-December (subject to availability in the Tribunal’s calendar) and that the draft PO be submitted in advance of that date. Counsel for the other Parties concurred with this proposal.
14Upon consideration, the Tribunal agreed with the proposed course of action and scheduled a second CMC for Tuesday, December 5, 2023, at 10 a.m. by video hearing.
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:
GoTo Meeting: https://meet.goto.com/765093501
Access code: 765-093-501
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: (Toll Free) 1 888 455 1389 or +1 (647) 497-9391. The access code is 765-093-501.
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.
ORDER
19The Tribunal Orders that:
a. Party status is granted to:
i. 297506 Ontario Ltd.
ii. Phoenix 2323 Yonge Street Inc., Phoenix 2329 Yonge Street Inc. and Phoenix 2345 Yonge Street Inc.
iii. 2354 Yonge Street Inc.;
b. Participant Status is granted to the EPRA-LPRO-SKC-500 Duplex Coalition;
c. A second CMC has been scheduled for Tuesday, December 5, 2023, at 10 a.m. by video hearing;
d. The Parties shall provide a draft Procedural Order (including Issues List) to the Tribunal for consideration on or before Tuesday, November 21, 2023;
e. There will be no further notice; and
f. The Member is not seized on this matter.
“S. Bobka”
S. BOBKA MEMBER
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.