Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 25, 2023
CASE NO(S).: OLT-22-004214
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 906 Yonge Street Development Inc. Subject: Application to amend the Zoning By-law – Neglect to make a decision Description: To permit two towers of 33 Storeys and 19 storeys with a 2-storey covered base Reference Number: 21 233780 STE 11 OZ Property Address: 906 Yonge Street and 25 McMurrich Street Municipality/UT: City of Toronto OLT Case No.: OLT-22-004214 OLT Lead Case No.: OLT-22-004214 OLT Case Name: 906 Yonge Street Development Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant: 906 Yonge Street Development Inc. Subject: Site Plan Description: To permit two towers of 33 Storeys and 19 storeys with a 2-storey covered base Reference Number: 21 233790 STE 11 SA Property Address: 906 Yonge Street and 25 McMurrich Street Municipality/UT: City of Toronto OLT Case No.: OLT-22-004215 OLT Lead Case No.: OLT-22-004214 OLT Case Name: 906 Yonge Street Development Inc. v. Toronto (City)
Heard: August 16, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 906 Yonge Street Development Inc. ("Applicant/Appellant") | Eileen Costello |
| City of Toronto ("City") | Matthew Longo |
| ABC Residents Association ("ABC") | Andrew Biggart |
| Greater Yorkville Residents Association ("GYRA") | Andrew Biggart |
| Metropolitan Toronto Condominium Corporation 698 ("MTCC 698") | Raj Kehar |
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON AUGUST 16, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference ("CMC") convened for appeals brought pursuant to s. 34(11) of the Planning Act for a Zoning By-law Amendment ("ZBA") and s. 114 of the City of Toronto Act for a Site Plan ("SP") due to the failure of council to make a decision within the statutory timeframe related to the site municipally addressed as 906 Yonge Street and 25 McMurrich Street ("Subject Property") located in the City.
2On November 1, 2021, applications for a ZBA and SP approval were filed on behalf of the Applicant/Appellant to allow for the redevelopment of the Subject Property which includes heritage attributes along the Yonge Street frontage. The applications proposed two buildings, including a 33-storey residential/mixed-use building along Yonge Street, located to the rear of the (then) listed heritage building, and a 19-storey residential building along McMurrich Street with a combined gross floor area of approximately 28,376 square metres and 401 dwelling units.
3Eileen Costello, Counsel for the Applicant /Appellant, indicated that modifications to the proposal have been made by her client in response to the concerns raised through the extensive mediation process and that a With Prejudice settlement proposal was provided to the City on May 18, 2023.
4Matthew Longo, Counsel for the City, advised that they have reached a settlement with the Applicant/Appellant.
5Ms. Costello advised that ABC, GYRA and MTCC 698 have been involved in the mediation undertaken to date. Ms. Costello confirmed that her client is willing to continue discussions with the Parties to attempt to work toward a settlement.
6The Affidavit of Service sworn on July 25, 2023, was entered as Exhibit 1.
7In response to the notice, requests for Party Status were received from ABC, GYRA and MTCC 698. The Tribunal found that these requests raise reasonable grounds and genuine land use issues. With no opposition from the other Parties, the requested Party Status was granted by the Tribunal.
8The Parties jointly requested that a second CMC be scheduled which could potentially be converted to a Settlement Hearing, be used to request a Written Settlement Hearing, or provide direction for the filing of a draft Procedural Order ("PO") and Issues List for a Merit Mearing. The Tribunal scheduled a second CMC on Tuesday, September 26, 2023, at 10 a.m.
9The Parties jointly requested a Merit Hearing for this matter which they estimated would require three (3) days. The Tribunal scheduled a three-day hearing commencing on Wednesday, November 15, 2023, at 10 a.m.
[10] The CMC and Merit hearings are scheduled to proceed by video as follows: Tuesday, September 26, 2023 at 10.a.m https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. Audio-only access code: 709-076-365
Wednesday, November 15, 2023 at 10.a.m to Friday, November 17, 2023 https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only line: Toll-Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 638-422-541
11Parties and participants 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.
12Parties and participants 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
13Persons 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.
14Individuals 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.
15The Tribunal requested that the Parties advise the Case Coordinator as soon as it is known that a settlement has been reached to allow the unneeded hearing dates to be released from the Tribunal calendar. Hearing dates are a scarce resource that must be used effectively by the Tribunal.
ORDER
16THE TRIBUNAL ORDERS that,
a. Party Status is granted to ABC Residents Association, Greater Yorkville Residents Association and Metropolitan Toronto Condominium Corporation 698,
b. a second CMC is scheduled to commence by video on Tuesday, September 26, 2023, at 10 a.m.
c. a three (3) day merit hearing is scheduled by video commencing on Wednesday, November 15, 2023, at 10 a.m. to Friday, November 17, 2023.
17This Member is not seized.
18No further notice will be provided.
"Astrid J. Clos"
ASTRID J. CLOS MEMBER
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.