Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 02, 2022
CASE NO(S).:
OLT-22-002268
(Formerly PL200265)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Dundeal Canada (GP) Inc.
Subject:
Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Description:
To permit a future mixed-use development, new public streets, and parks
Reference Number.:
18 206702 ESC 37 OZ
Property Address:
2200-2206 Eglinton Ave. E., Et Al
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002268
Legacy Case No.:
PL200265
OLT Lead Case No.:
OLT-22-002268
Legacy Lead Case No.:
PL200265
OLT Case Name:
Dundel Canada (GP) Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Dundeal Canada (GP) Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a mixed use, 3339 unit development
Reference Number.:
20 154599 ESC 21 OZ
Property Address:
2200-2206 Eglinton Ave. E., Et Al
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001853
OLT Lead Case No.:
OLT-22-002268
Legacy Lead Case No.:
PL200265
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Dundeal Canada (GP) Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a mixed use, 3339 unit development
Reference Number.:
21 166739 ESC 21 OZ
Property Address:
2200-2206 Eglinton Ave. E., Et Al
Municipality:
City of Toronto
OLT Case No.:
OLT-21-001854
OLT Lead Case No.:
OLT-22-002268
Legacy Lead Case No.:
PL200265
Heard:
April 18, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Dundeal Canada (GP) Inc.
David Bronskill
City of Toronto
Amanda Hill, Daniel Elmadany
Cosmetica Investments Inc.
Andrew Jeanrie
MEMORANDUM OF ORAL DECSISION DELIVERED BY ERIC S. CROWE AND T. PREVEDEL ON APRIL 18, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is the third Case Management Conference (“CMC”) on an appeal by Dundeal Canada (GP) Inc. (the "Applicant"), from the failure of the City of Toronto (the "City") to make a decision on an application for an Official Plan (“OP”) Amendment pursuant to s. 22(7) of the Planning Act, to permit a mixed-use development on the property located at 2200-2206 Eglinton Avenue East, 1020-1030 Birchmount Road and 75 Thermos Road (the "Subject Property").
2The Application proposes to amend the OP to a Site and Area-Specific Policy (“SASP”) to permit a mixed-use development including a new street and parkland.
3The Applicant is proposing a range of residential and non-residential uses, as well as retaining the existing office building at 2206 Eglinton Avenue East and the east parking structure. The development would include a range of building heights, a total of 3,700 residential units, 14,000 square metres (“m2”) of office space (retained from 2206 Eglinton Avenue East), 4,180 m2 of retail uses and a Floor Space Index (“FSI”) of 4.5 of the lot area.
4Mr. Bronskill, Counsel to the Applicant, informed the Tribunal that all Parties on consent request to consolidate Zoning By-law 34 (11) Planning Act rezoning appeals in OLT-21-001853 and OLT-21-001854 (in relation to 2200-2206 Eglinton Ave) to the present case.
5Mr. Bronskill confirmed that an Affidavit of Service (Exhibit 1) was served on all Parties for Notice of CMC for this matter including the two rezoning appeals. Party Status for the rezoning appeals consolidation will remain the same for the City and Cosmetica Investments Inc. since they were Parties to the original application. No new Party Status or Participant Status requests were received by the Tribunal.
6The Parties on consent proposed a one (1) day CMC hearing for all three (3) appeals for a date in late June.
7According to the Parties, there is still more work to complete with a potential further settlement offer from the Applicant to the City in which Cosmetica Investments Inc. will also need to be consulted.
8The intent of the Parties, should City Council accept the proposed settlement offer, is to make the next CMC a Settlement Hearing.
9The Tribunal orders the consolidation of Zoning By-law 34 (11) Planning Act rezoning appeals in OLT-21-001853 and OLT-21-001854 (in relation to 2200-2206 Eglinton Ave) to the present case.
10The Tribunal orders that a CMC hearing will be held by video on Thursday, June 23, 2022, commencing at 10 a.m.
11Parties 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/344779885 Access Code: 344-779-885
12Parties are asked to set up the video hearing 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
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.
15There will be no further notice.
CONCLUSION
16The Parties raised no further matters for the fair and expeditious resolution of these appeals.
17These Members are not seized but may be spoken to for case management purposes subject to the availability on the Tribunal’s calendar.
18The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE
MEMBER
“T. Prevedel”
T. Prevedel
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.