Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 30, 2023
CASE NO(S).:
OLT-22-004644
OLT-23-000133
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
RML 619 Yonge Street Ltd., RML 625 Yonge Street Ltd., and RML 9 Isabella Street Ltd.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit construction of a 606 unit, mixed use building.
Reference Number:
21 234490 STE 13 OZ
Property Address:
619-637 Yonge Street and 1-9 Isabella Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004644
OLT Lead Case No:
OLT-22-004644
OLT Case Name:
RML 619 Yonge Street 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
Applicant/Appellant:
RML 619 Yonge Street Ltd., RML 625 Yonge Street Ltd., and RML 9 Isabella Street Ltd.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit construction of a 606 unit, mixed use building.
Reference Number:
21 234490 STE 13 OZ
Property Address:
619-637 Yonge Street and 1-9 Isabella Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004645
OLT Lead Case No:
OLT-22-004644
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
RML 619 Yonge Street Ltd., RML 625 Yonge Street Ltd., and RML 9 Isabella Street Ltd.
Subject:
City of Toronto Site Plan Approval
Description:
To permit construction of a 606 unit, mixed use building.
Reference Number:
22 132974 STE 13 SA
Property Address:
619-637 Yonge Street and 1-9 Isabella Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004646
OLT Lead Case No:
OLT-22-004644
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
RML 619 Yonge Street Ltd., RML 625 Yonge Street Ltd., and RML 9 Isabella Street Ltd.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit construction of a 606 unit, mixed use building.
Reference Number:
21 234491 STE 13 SB
Property Address:
619-637 Yonge Street and 1-9 Isabella Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004647
OLT Lead Case No:
OLT-22-004644
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Applicant/Appellant:
RML 619 Yonge Street Ltd., RML 625 Yonge Street Ltd., and RML 9 Isabella Street Ltd.
Subject:
Passing of By-law to designate a property of cultural heritage value or interest
Description:
To permit construction of a 606 unit, mixed use building.
Reference Number:
Heritage BL 70-2023
Property Address:
625 Yonge Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000133
Heard:
June 9, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
RML 619 Yonge Street Ltd., RML 625 Yonge Street Ltd., and RML 9 Isabella Street Ltd.
I. Kagan
A. Frank
City of Toronto
S. O’Connor
J. Dexter
8 Gloucester Ltd.
D. Bronskill
Eighteen Gloucester Holdings Limited
M. Helfand
Oberon Development Corporation
M. McDermid
S. Rosenthal (in absentia)
A. Margaritis (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JUNE 9, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for the appeals brought by RML 619 Yonge Street Ltd., RML 625 Yonge Street Ltd., and RML 9 Isabella Street Ltd. (“Applicants” / “Appellants”) from the failure of the City of Toronto (“City”) to make a Decision on an application for an Official Plan Amendment (“OPA”), pursuant to subsection 22(7) of the Planning Act (“Act”), to adopt the requested Zoning By-law Amendment (“ZBA”) to City’s Zoning By-law No. 438-86, as amended, pursuant to subsection 34(11) of the Act, to approve the Site Plan Approval application pursuant to section 114(15) of the City of Toronto Act, S.O 2006, c.11 Sched. A., to approve the requested Proposed Plan of Subdivision, pursuant to subsection 51(34) of the Act, to designate a portion of the property through By-law No. 70-2023, pursuant to subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, for the properties located at 619 - 637 Yonge Street and 1 - 9 Isabella Street (“Site”) to permit construction of a 606-unit, mixed use building.
2Prior to the CMC, the Tribunal received and approved a request to allow the Heritage matter to be heard together with the OPA, Plan of Subdivision, ZBA and Site Plan Approval at the CMC, but not formally consolidated.
3The Tribunal was in receipt of a draft Procedural Order (“PO”) and Issues List (“IL”).
4Notice for the Hearing event and the Affidavit of Service attesting to service were marked as Exhibit 1.
STATUS REQUEST
5The Tribunal received three Party Status Requests and one Participant Status Request.
6The Tribunal received Party Status Requests from the following:
8 Gloucester Ltd., who are the owners of 601-613 Yonge Street and 2-8 Gloucester Street, located on the same block to the south of the Site.
Eighteen Gloucester Holdings Limited, the owner of the property municipally known as 18 Gloucester Lane, located immediately south of the Site, between Yonge Street and Gloucester Lane.
Oberon Development Corporation, the owner of the lands municipally known as 615-617 Yonge Street, which is immediately adjacent to the Site.
7On June 8, 2023 the Tribunal received a Participant Status Request from Church-Wellesley Neighbourhood Association (“CWNA”). The Tribunal notes that anyone seeking status in the Hearing are required to fill out and submit a Status Request Form and Participant Statement at least ten (10) days in advance of the first CMC. The Tribunal did not receive a Participant Statement from CWNA. The Tribunal directed the CWNA to submit a Participant Statement to the Tribunal and other Parties by no later than the end of the day on June 9, 2023. No further extensions will be granted.
8The Tribunal received and accepted a Participant Statement from CWNA.
9The Parties confirmed to the Tribunal that they do not have any objections to the Status Requests.
10No further Requests for Party or Participant Status will be considered by the Tribunal.
MEDIATION
11The Tribunal canvassed the Parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether they are interested in Tribunal-led mediation. Counsel indicated that they are open to Mediation. The Tribunal directed the Parties to contact the Case Coordinator should they elect to pursue Board-assisted Mediation.
PO, IL AND HEARING DATES
12Counsel indicated to the Tribunal that they would work collaboratively to finalize the PO and IL by June 23, 2023, so that it can be included in the Tribunal’s decision from this CMC.
13The Parties requested the Tribunal to set aside ten days for the Hearing of the Planning Matters in about 12 to 14 months. The Heritage Matter, if not resolved, may require two to three days. The Tribunal advised the Parties to contact the assigned Case Coordinator if they require setting aside time for a Heritage Matter hearing.
14The Tribunal set down a ten (10) day video hearing, to commence on Monday, August 12, 2024, at 10 a.m. with access to this event as follows:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
15Parties 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:
16Parties 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: +1 (647) 497-9391 or (Toll-Free) 1(888) 299-1889. The access code is: 927-921-077.
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 as follows:
8 Gloucester Ltd., Eighteen Gloucester Holdings Limited, and Oberon Development Corporation are conferred Party Status.
Church-Wellesley Neighbourhood Association is conferred Participant Status.
A Hearing on the Planning Matters is scheduled to commence at 10 a.m. on Monday, August 12, 2024.
Parties are to submit a final Procedural Order and Issues List to the Tribunal on or before Friday, June 23, 2023. The Tribunal has received, reviewed, amended and accepted the Procedural Order and is appended as Attachment 1 and will govern these proceedings.
The Parties are to contact the assigned Case Coordinator if they require the setting of a date for a Heritage Matter and must update the Tribunal if the matter has been resolved on or before Monday, October 16, 2023.
20There will be no further notice.
21This Member is not seized.
“P. Tomilin”
P. TOMILIN
MEMBER
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.
ATTACHMENT 1