Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 12, 2024
CASE NO.: OLT-22-002274
PROCEEDING COMMENCED UNDER section 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 section 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-22-002275
Legacy Case No.: PL200442
OLT Lead Case No.: OLT-22-002274
Legacy Lead Case No.: PL200441
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan
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:
M. A. SILLS
VICE-CHAIR
Thursday, the 12^th^ day of September, 2024
THESE MATTERS having initially come on for a public settlement hearing before the Tribunal on May 27, 2022;
AND THE TRIBUNAL having issued its Oral Decision on May 27, 2022 and its Written Decision and Order on June 2, 2022 (the “Interim Order”) which allowed the appeals of the Official Plan and Zoning By-law Amendments in part, and approved in principle a development proposal for the properties known municipally in the City of Toronto as 4050 Yonge Street (the “Property”);
AND THE TRIBUNAL having issued its Final Order in respect of the Official Plan and Zoning By-law Amendment appeals on June 30, 2022;
AND THE TRIBUNAL having issued its Final Order in respect of the Site Plan Approval appeal on March 17, 2023 (the “SPA Final Order”), amending the conditions set out in the Interim Order and approving certain plans and drawings listed therein pursuant to subsection 114(16) of the City of Toronto Act, 2006, S.O. c. 11, Sched. A, as amended;
AND THE TRIBUNAL having issued a correcting Order on May 26, 2023, effective June 30, 2022, to address a technical issue in the original Final Order;
AND THE TRIBUNAL having been advised by the Parties that the City of Toronto Committee of Adjustment approved minor variances for the proposed development of the Property, necessitating revisions to the Site Plan Approval for the Property to reflect an updated set of plans and drawings, with all conditions of approval to remain the same;
NOW THEREFORE THE TRIBUNAL ORDERS that:
The list of plans and drawings set out in the Notice of Approval Conditions included as Attachment 3 to the Interim Order is deleted, and replaced by the list of plans and drawings included as Attachment 1 to this Order.
Appeal of the site plan control application made by the Appellant is granted, in part, and approval of the Notice of Approval Conditions attached as Attachment 3 to the Interim Order (as modified by the SPA Final Order and paragraph 1 above) is hereby granted, but the Tribunal withholds its final Order granting site plan approval subject to the satisfaction of the matters set out in paragraph 3 below.
The Final Order pursuant to subsection 114(16) of the City of Toronto Act, 2006, S.O. c. 11, Sched. A, as amended, approving the plans and drawings listed in the Notice of Approval Conditions is withheld until the Tribunal has been advised in writing by the City Solicitor that the Appellant and the City have entered into the necessary site plan amending agreement to amend the plans and drawings listed in Schedule B to the Site Plan Agreement dated January 18, 2023 and registered on title to the Property as Instrument No. AT6268314 and such site plan amending agreement is registered on title to the Property to the satisfaction of the City Solicitor;
The Tribunal may be spoken to in the event that there are difficulties in satisfying the above conditions for the issuance of the Tribunal's Final Order in respect of the site plan control application.
“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.