Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 21, 2023
CASE NO(S).: OLT-22-004346
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
1018429 Ontario Inc.
Appellant
480 Steeles West Limited et al
Appellant
6200 Yonge GP Inc.
Appellant
Augend Investment Ltd.
and others
Subject:
Proposed Official Plan Amendment
Description:
To guide future growth along the Yonge Street corridor in the area bounded by Steeles Avenue, Willowdale Avenue, Cummer and Drewry Avenues, and Lariviere Road
Reference Number:
OPA 615
Property Address:
Area bounded by Steeles Avenue, Willowdale Avenue, Cummer and Drewry Avenues, and Lariviere Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004346
OLT Lead Case No:
OLT-22-004346
OLT Case Name:
Augend Investment Ltd. v. Toronto (City)
Heard:
January 31, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
City of Toronto
Ray Kallio
Jessica Braun
480 Steeles West Limited, 228 Steeles West Limited, 1163919 Ontario Limited, 1888836 Ontario Limited, and 1211612 Ontario Limited
Alan Heisey
6200 Yonge GP Inc.
Yonge Steeles Landowners Group Inc.
Delmar Development Corp. (18-28 Athabaska Avenue)
Delmar Development Corp. (19 Abitibi Avenue)
Jason Park
Jason Park
Jason Park
Jason Park
Connaught Yonge Square Limited and
Enderby Developments Limited
Jason Park
Olivia Rasekhi (in absentia)
Ghods Builders Inc. and
5959Yonge Street Limited
Jason Park
Ira Kagan (in absentia)
Augend Investment Ltd.
W Mandel Developments Limited and Mandross Holdings Inc.
Mark Flowers
Mark Flowers
Centre Park Holdings Inc.
CentreCourt Properties
Streetside Capital Holdings Inc.
Trolleybus Urban Development Inc.
Max Laskin
David Bronskill (in absentia)
Max Laskin
David Bronskill (in absentia)
Max Laskin
David Bronskill (in absentia)
Max Laskin
David Bronskill (in absentia)
Sky Property Group Inc.
Jennifer Evola
Signe Leisk (in absentia)
Christie Gibson (in absentia)
Revenue Properties Company Ltd. and
Morguard Investments Limited
Dennis Wood
Johanna Shapira (in absentia)
CAPREIT Apartments Inc.
Katarzyna Sliwa
Longevity Properties Limited
Jonathan Cheng
1018429 Ontario Inc.
Barry Horosko (in absentia)
City of Vaughan
Bruce Engell
Effie Lidakis (in absentia)
2078004 Ontario Inc. and
24590304 Ontario Ltd.
Jason Park
6150 Yonge G.P. Inc.
Yongwood Ltd.
Jamie Cole
John Dawson (in absentia)
Matthew Schuman (in absentia)
Jamie Cole
John Dawson (in absentia)
Matthew Schuman (in absentia)
Participants
Representative*
Badi Investments Inc.
Bruno Battista*
Roger Battista* (in absentia)
Anne Brooke
Self-Represented*
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND G.C.P. BISHOP AND ORDER OF THE TRIBUNAL
1In July of 2022, the City of Toronto (“City”) adopted Official Plan Amendment 615 (“OPA 615”) which was subsequently appealed by a number of parties. OPA 615 is City initiated, and the area is referred to as the Yonge Street North Secondary Plan (“YSNSP”). This is the first Case Management Conference (“CMC”) to recognize the Parties that have appealed the adoption of OPA 615 and deal with requests for the addition of other Parties and Participants.
2The Tribunal has reviewed the Affidavit of Service and finds it to be in order.
LANDS WITHIN THE YSNSP
3The area of YSNSP consists of lands on both the east and west side of Yonge Street from Drewry Avenue and Cummer Avenue to the south and Steeles Avenue East to the north. The lands on the west side of Yonge Street include the Centerpoint Mall, at the corner of Yonge Street and Steeles Avenue, and then the lands extend, in a southerly direction, following Lariviere Road to Connaught Avenue and take a small jog westerly, before continuing south to Drewry Avenue. In the northeast corner of the Secondary Plan area, the lands include those east of Yonge Street, then they follow Willowdale Avenue southerly from Steeles Avenue to Centre Avenue. The lands veer in a general westerly and southerly direction, taking in portions of property south of Centre Avenue and east of Yonge Street, until they meet up with Cummer Avenue at the south border of the Secondary Plan area.
BRIEF OVERVIEW
4Ray Kallio, a representative for the City, gave the Tribunal a brief overview of the adopted YSNSP which includes the creation of five character areas to establish a planning framework for a complete community. Different levels of intensification will occur along the main corridors and around the future location of Transit Stations. One is anticipated at Steeles Avenue. A range of building and housing types is envisioned which includes the re-designation of land to mixed use. OPA 615 includes policies to guide growth and a complete community, including policies related to the area structure, public realm, affordable housing, parks and open spaces, transportation and mobility, community services and facilities, built form, and implementation. A Transportation Master Plan was also completed. This is a network and vision that includes the connectivity of both private and public open spaces throughout the streets, lanes, sidewalks and public open spaces. It promotes intensification and recognizes the need for stability in Neighbourhoods, given the varying character and history of the area.
PARTY AND PARTICIPANT REQUESTS AND DIRECTIONS
5The Tribunal granted Party status to the following:
The City of Vaughan
2078004 Ontario Inc. and 24590304 Ontario Ltd.
6150 Yonge G.P. Inc.
Yongwood Ltd.
6The Tribunal also granted participant status to both Anne Brooke and Badi Investments Inc. They were informed of the Rules that such persons may provide only a written statement.
7There was a short discussion about the potential consolidation of one of the site- specific appeals of one of the properties. It was agreed that this discussion would be better managed outside this hearing event, to see if there can be a consensus amongst the parties. This item will be brought to the Tribunal at a subsequent CMC.
8The parties asked for a further CMC in approximately 60 days. The Tribunal confirmed that the next CMC will take place on Friday, April 14, 2023, commencing at 10 a.m.
9The parties are to prepare a draft Procedural Order (“PO”) and Issues List (“IL”) prior to this CMC and provide a copy to all parties and the Tribunal no later than Friday, March 31, 2023. The Tribunal will deal with any issues in dispute, and if none exist, the parties will prepare to discuss the length of Hearing required and the timing of the Hearing on the merits.
ORDER
10The Tribunal Orders a further CMC to take place on Friday April 14, 2023.
11The Tribunal further Orders that the exchange and delivery of the draft PO and IL will take place no later than Friday, March 31, 2023.
12This panel in not seized, and there will be no further notice.
“G. Burton”
G. BURTON
VICE-CHAIR
“G.C.P. Bishop”
G.C.P. BISHOP
ALTERNATE-CHAIR
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.