Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 15, 2023
CASE NO(S).: OLT-23-000218
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Cheong Family Holdings Ltd. Subject: Official Plan Amendment Description: To permit development of 29-storey building containing 143 dwelling units Property Address: 69 Yorkville Avenue Municipality/UT: Toronto Municipal File No.: 21 234044 STE 11 OZ OLT Case No.: OLT-23-000218 OLT Lead Case No.: OLT-23-000218 OLT Case Name: Cheong Family Holdings Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Cheong Family Holdings Ltd. Subject: Zoning Bylaw Amendment Description: To permit development of 29-storey building containing 143 dwelling units Property Address: 69 Yorkville Avenue Municipality/UT: Toronto Municipal File No.: 21 234044 STE 11 OZ OLT Case No.: OLT-23-000219 OLT Lead Case No.: OLT-23-000218 OLT Case Name:
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended
Applicant/Appellant: Cheong Family Holdings Ltd. Subject: Site Plan Control Description: To permit development of 29-storey building containing 143 dwelling units Property Address: 69 Yorkville Avenue Municipality/UT: Toronto Municipal File No.: 21 234044 STE 11 OZ OLT Case No.: OLT-23-000219 OLT Lead Case No.: OLT-23-000218 OLT Case Name:
Heard: August 31 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Cheong Family Holdings Ltd. (“Appellant”) | Christopher Tanzola and Natalie Ast |
| City of Toronto (“the City”) | Sarah O’Conner and Adam Ward |
| Toronto Standard Condominium Corporation 2075 (“Toronto Standard”) | Ian Flett |
| ABC Residents Association (“ABC”) | Kristina Kapelos and Andrew Biggart (in abstentia) |
| Greater Yorkville Ratepayers Association (“Greater Yorkville”) | Kristina Kapelos and Andrew Biggart (in abstentia) |
| Minto Apartment GP Inc., as general partner for Minto Apartment Limited Partnership (“Minto”) | Cynthia MacDougall and Mx. Meg Heesaker (Articling Student) |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON AUGUST 31, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) of this matter. The Appellant filed an Application for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) along with a Site Plan Application (“SPA”) in order to construct a 29-story mixed use building containing 143 dwelling units, two ground level retail spaces and two floors of office area at 69 Yorkville Avenue. The Applications were denied by City Council on February 8, 2023. The OPA and ZBA are needed to accommodate the planned height and density of the new building.
2The Appellant believes that the proposed development will facilitate the intensification of an underutilized site and will further support the optimization of land use and infrastructure.
PRELIMINARY MATTERS
3The Parties have asked that the SPA Appeal be separated from the OPA/ZBA Appeal as they believe the SPA Appeal will be resolved based on Decision made on the OPA/ZBA Appeals. The Tribunal agreed to keep the SPA Appeal on a separate, administrative, track while the OPA/ZBA Appeal is being adjudicated.
4The Affidavit of Service of Justine Reyes sworn August 9, 2023 was marked as Exhibit 1.
5The Tribunal received four Party Status requests forms prior to the CMC; Toronto Standard, ABC, Greater Yorkville and Minto. It should be noted that ABC and Greater Yorkville are represented by the same counsel. None of the Parties raised any concerns. All four were granted Party Status as the each showed genuine and significant interest in the Appeal. The other Parties either consented or took no position on the Party Status requests.
6The Tribunal received two Participant Status requests from Ms. Jennifer Ricci and Mr. Jonathan Wener. Both were granted Participant Status although Mr. Wener did not attend the CMC.
NEXT STEPS
7The Parties submitted a draft Issues List (“IL”) and draft Procedural Order (“PO”) prior to the CMC. The Parties noted that there is overlap between their IL’s and will work towards refining it. The Tribunal Ordered for the Parties to submit a finalized IL and PO by Thursday, September 14, 2023.
8The Parties advised the Tribunal that they have briefly spoken about the possibility of Tribunal led mediation and it may be of interest to them in the future. If they wish to pursue that avenue, they will contact the Case Coordinator.
9The Parties asked to schedule a Hearing with a length of 10-15 days in late 2024. The Tribunal had much earlier dates available but the Parties believe that because of the multiple Parties involved, their calendars and the amount of preliminary work and discussions that will be needed an extended amount of time is necessary. The Parties expect to call between 11-13 expert witnesses in total.
10A thirteen (13) day Hearing has been scheduled by video on Monday, December 2, 2024, to Wednesday, December 18, 2024, beginning at 10:00 a.m. The Parties also advised that they may wish to schedule a second CMC closer to the Hearing date as a “check in” depending on how their discussions unfold. They advised that if a second CMC is necessary that they will contact the Case Coordinator.
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.
https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
12Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
13Parties 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
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.
15No further notice is required.
ORDER
THE TRIBUNAL ORDERS that:
The date and particulars of the Hearing are set out above;
A final version of the Procedural Order and Issues List is due on Thursday, September 14, 2023 for review by the Member and will be issued administratively.
16The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“A. Sauve”
A. SAUVE 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.