Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 17, 2023
CASE NO.: OLT-22-002274
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Yonge Park Plaza Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Purpose: To permit 2 towers comprised of residential, office, retail, restaurants, and hotel uses.
Property Address: 4050 Yonge Street
Municipality: City of Toronto
Approval Authority File No.: 20 115845 NNY 08 OZ
OLT Case No.: OLT-22-002274
Legacy Case No.: PL200441
OLT Lead Case No.: OLT-22-002274
Legacy Lead Case No.: PL200441
OLT Case Name: Yonge Park Plaza 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: Yonge Park Plaza Inc.
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of City of Toronto to make a decision
Purpose: To permit 2 towers comprised of residential, office, retail, restaurants, and hotel uses.
Property Address: 4050 Yonge Street
Municipality: City of Toronto
Approval Authority File No.: 20 115845 NNY 08 OZ
OLT Case No.: OLT-22-002279
Legacy Case No.: PL200442
OLT Lead Case No.: OLT-22-002274
Legacy Lead Case No.: PL200441
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Yonge Park Plaza Inc.
Subject: Site Plan
Description: To permit 2 towers comprised of residential, office, retail, restaurants, and hotel uses.
Reference Number.: 20 115847 NNY 08 SA
Property Address: 4050 Yonge Street
Municipality: City of Toronto
OLT Case No.: OLT-22-002279
Legacy Case No.: PL200443
OLT Lead Case No.: OLT-22-002274
Legacy Lead Case No.: PL200441
BEFORE:
S. TOUSAW VICE-CHAIR
Friday, the 17th day of March, 2023
THESE MATTERS, in respect of the lands at 4050 Yonge Street in the City of Toronto, having come for public hearings on May 27, 2022 before the Ontario Land Tribunal (the "Tribunal") and in the Tribunal's oral decision of the same date and interim Order issued on June 2, 2022 (the "Interim Order") having allowed in part the Applicant/Appellant’s appeals of the request to amend the City of Toronto Official Plan (the "OPA"), the application to amend City of Toronto Zoning By-law 569-2013 (the "ZBA"), and the subject site plan control application;
THE TRIBUNAL having been advised by the City Solicitor for the City of Toronto on June 30, 2022 that the matters and conditions of the Interim Order as set out in paragraph 4 had been satisfied;
THE TRIBUNAL having issued a final Order approving the OPA and the ZBA on June 30, 2022;
THE TRIBUNAL having been advised by the City Solicitor for the City of Toronto in writing that the matters and conditions of the Interim Order as set out in paragraph 5 have been satisfied subject the parties’ requested change to the Notice of Approval Conditions as set out in the City Solicitor's correspondence dated March 16, 2023;
THE TRIBUNAL ORDERS that:
The Interim Order, Attachment 3, Part B, pre-approval conditions 16 and 17 are deleted;
The following text is added to the Interim Order, Attachment 3, Part C, post-approval conditions 33 and 34, respectively:
The Owner shall enter into an Entrance Connection Easement Agreement for the pedestrian connection through the site to the existing pedestrian tunnels within the Yonge Street right-of-way and within the site in accordance with the Section 37 Agreement between the Owner and the City registered on June 30, 2022 as Instrument No. AT6119798, to the satisfaction of the Toronto Transit Commission, but in any event the Owner shall enter into an Entrance Connection Easement Agreement for the pedestrian connection as described above to the satisfaction of the Toronto Transit Commission prior to the issuance of the first above grade building permit for the site.
Prior to the issuance of the first above grade building permit for any part of the site and prior to any works conducted within or below Yonge Street as it relates to the Toronto Transit Commission pedestrian connection and entrance, the Owner shall enter into a Tunnel Encroachment Agreement on the terms and conditions of City of Toronto By-law 788-2022(OLT) and the Section 37 Agreement between the Owner and the City and registered as Instrument No. AT6119798, to the satisfaction of the General Manager, Transportation Services, the Director, Real Estate Services, and the Toronto Transit Commission.
Pursuant to subsection 114(16) of the City of Toronto Act, 2006, S.O. c. 11, Sched. A, as amended, the Tribunal approves the plans and drawings listed in the Notice of Approval Conditions set out in Attachment 3 to the Decision/Order issued on June 2, 2022 subject to the Notice of Conditions of Approval set out in Attachment 3, Part B and Part C as amended by this Order.
THE TRIBUNAL may be spoken to in the event any matter arises in connection with the implementation of this Order.
"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.