Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 24, 2023
CASE NO(S).: OLT-22-004580
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mizrahi Development Group (The One) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 94-storey mixed-use building
Reference Number: 20 230612 STE 11 OZ
Property Address: 768 Yonge Street & 1-11 Bloor Street West
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004580
OLT Lead Case No.: OLT-22-004580
OLT Case Name: Mizrahi Development Group (The One) Inc. v. Toronto (City)
Heard: May 12, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Mizrahi Development Group (The One) Inc.
Katarzyna Sliwa Jessica Jakubowski
City of Toronto
Amanda Hill
R.W. Bloor Street Development Corporation
David Bronskill Caroline Jordan
EMM Financial Corp.
Andrew Jeanrie
Toronto Standard Condominium Corporation No. 2208
Jasmine Fraser Maggie Bassani (in absentia)
Greater Yorkville Residents Association
Andrew Biggart
ABC Residents Association
Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY AND ASTRID J. CLOS ON MAY 12, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) related to an appeal brought by Mizrahi Development Group (The One) Inc. (“Applicant”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the failure of the City of Toronto (“City”) to make a decision within the statutory timelines of the Act with respect to an application for a Zoning By-law Amendment (“ZBA”). The appeal was filed in relation to the property located at 768 Yonge Street and 1-11 Bloor Street West located in the City of Toronto (“Subject Property”).
2Currently under construction on the Subject Property is an 85-storey residential, hotel and retail tower. The approved zoning on the Subject Property allows for a mixed-use building with a maximum total gross floor area of 80,000 square metres (“sq m”), maximum tower height of 306.9 metres (“m”), maximum permitted non-residential gross floor area of 18,000 sq m and maximum permitted residential gross floor area of 62,500 sq m.
3On December 18, 2020, the Applicant applied for a ZBA to allow an increase to the total building height by approximately 32 m to facilitate 9 additional residential storeys. This increase would concurrently increase the total gross floor area by approximately 5,700 sq m.
4Following the initial ZBA application provided in 2020, the Applicant held a Community Meeting on October 6, 2021 then filed resubmissions on March 17, 2022 and August 3, 2022 which responded to comments received from City staff and from the Community Meeting.
5Amanda Hill, Counsel for the City indicated that she has received direction from Council to attend in opposition to the appeal and continue discussions with the Applicant in an effort to resolve the outstanding issues.
PROCEDURAL MATTERS
6The Tribunal confirmed with the Parties that there were no issues with service of Notice for the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Andrea Paterson dated April 18, 2023, which was marked as Exhibit 1.
PARTY STATUS REQUESTS
7Prior to the CMC, the Tribunal received written requests for Party status from R.W. Bloor Street Development Corporation (“R.W.”), EMM Financial Corp. (“EMM”), Toronto Standard Condominium Corporation No. 2208 (“TSCC 2208”), Greater Yorkville Residents Association (“GYRA”) and ABC Residents Association (“ABC”). Each of the requests is addressed below.
8Allison Spiegel Counsel for Mappro Realty Inc. (“Mappro”), the current owner of the property located directly west of the Subject Property on Bloor Street West, indicated that her clients are not requesting Party status, nor do they adopt the submission of R.W. Ms. Spiegel informed the Tribunal that the sale of her client’s property is under contract with R.W. but has not yet closed.
9Caroline Jordan, Counsel for R.W., the purchaser of the Mappro property, appeared at the CMC to speak to the Party status request of R.W. Ms. Jordan indicated that her client wishes to monitor the appeal and participate in any mediation that may occur. R.W. submitted that its involvement would not add issues nor lengthen any hearing that may occur and as such, no prejudice would be suffered by any Party as a result of her client’s involvement