Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 4, 2023
CASE NO.: OLT-22-002352
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2040 Yonge St. Ltd., Yonge Glebe Investments Ltd. and Yonge Street Investments Ltd.
Subject: Application to amend Zoning By-law No. 438-86 and 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Commercial Residential (CR)
Proposed Zoning: Site Specific (to be determined)
Purpose: To permit a 14-storey mixed use building
Municipality: City of Toronto
Municipality File No.: 21 235352 STE 12 OZ
Property Address/Description: 2010-2050 Yonge Street
OLT Case No.: OLT-22-002352
OLT Lead Case No.: OLT-22-002352
OLT Case Name: 2040 Yonge St. Ltd. et al v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c 11, Sched. A, amended
Referred by: 2040 Yonge St. Ltd., Yonge Glebe Investments Ltd. & Yonge Street Investments Ltd.
Subject: Site Plan
Property Address/Description: 2010-2050 Yonge Street
Municipality: City of Toronto
OLT Case No.: OLT-22-002353
OLT Lead Case No.: OLT-22-002352
BEFORE:
SHARYN VINCENT VICE-CHAIR
Monday, 4th day of December, 2023
WHEREAS THE TRIBUNAL has considered, in writing, a proposed settlement between 2040 Yonge St. Limited, Yonge Glebe Investments Ltd. and Yonge Street Investments Inc. (collectively, the “Owner”) and the City of Toronto (the “City”). Materials filed for the consideration of the Tribunal include the sworn affidavit of Michael Goldberg, MCIP, RPP, dated September 12, 2023, setting out the good planning merit of the proposed settlement (the “Goldberg Affidavit”), and confirms for the Tribunal that the proposal as revised promotes the achievement of numerous policy directions which support intensification and appropriate transition, in massing sensitive to its context, within walking distance of a subway station, bus routes and future LRT line, on the lands municipally known as 2010-2050 Yonge Street, Toronto (the “Subject Lands”); therefore:
THE TRIBUNAL MAKES AN INTERIM ORDER that the appeal under subsection 34(11) of the Planning Act is allowed, in part, and the zoning by-law amendment attached as Exhibit “E” to the Goldberg Affidavit, and attached to this Interim Order as Attachment 1, is hereby approved, in principle;
AND THE TRIBUNAL FURTHER ORDERS that the Tribunal’s final Order in respect of the Zoning By-law Amendment for the Subject Lands shall be withheld until such time as the Tribunal receives confirmation from the Owner and the City that the following conditions have been satisfied:
- The final form and content of the Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
- the Owner has submitted a Functional Servicing and Stormwater Management Report, Downstream Sanitary Sewer Tributary Drainage Plan, Servicing Report Groundwater Summary, and Hydrological Review Summary for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
- the Owner has entered into a financially secured agreement to secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to the infrastructure to support the development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
- the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review.
AND THE TRIBUNAL FURTHER ORDERS that the appeal of the related site plan application in respect of the proposed development on the Subject Lands (OLT Case No. OLT-22-002353), is adjourned until, and if, advised that a determination of the Tribunal is required should the Parties not resolve the conditions of approval.
The Tribunal may be spoken to by the Parties with respect to the implementation of this Interim Order, and the Parties herein undertake to advise the Tribunal of the standing with respect to the final approval of the site plan application on or before July 1, 2024.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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