Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 30, 2022
CASE NO(S).:
OLT-22-003924
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Fieldgate Urban
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a four block, 3034-unit mixed use development
Reference Number:
17 277456 ESC 38 OZ
Property Address:
670, 680 and 690 Progress Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-003924
OLT Lead Case No:
OLT-22-003924
OLT Case Name:
Fieldgate Urban v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a four block, 3034-unit mixed use development
Reference Number:
17 277456 ESC 38 OZ
Property Address:
670, 680 and 690 Progress Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-003925
OLT Lead Case No:
OLT-22-003924
Heard:
September 23, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Fieldgate Urban
Zachary Fleisher
City of Toronto
Mark Piel / Derin Abimbola
New-Can Realty Ltd.
Chris Tanzola
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON SEPTEMBER 23, 2022 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (“Tribunal”), was with respect to the appeals of the refusal of the City of Toronto (“City”) to make a decision regarding an application to amend the Official Plan and a Zoning By-law.
2The applications would permit the redevelopment of a property in four blocks with tall buildings having heights ranging from 16-storeys to 60-storeys, resulting in approximately 3,034 residential units, 198,135 square metres of residential uses, 1,230 square metres of retail uses and an overall gross floor space index of 5.6.
3Public and private streets are proposed to create the development blocks. A public park is also proposed on the south part of Block 2, having an approximate area of 3,108 square metres. Opposite the proposed public park (on Block 4) is a proposed childcare facility and adjacent outdoor space.
4The purpose of the Case Management Conference (“CMC”) was to receive status updates from both parties to organize the hearing of these appeals.
5The Tribunal was presented with one request for Party Status.
6New-Can Realty Ltd., is the registered owner of the property municipally known as 700 Progress Avenue in the City of Toronto and is located on the north side of Progress Avenue, east of Consilium Place and west of East Highland Creek. The property is located directly east of, and abuts, the lands that are the subject of the above-noted appeal (“Subject Lands”).
7The Tribunal canvassed all Parties for any comments, there were no objections in granting Party Status to New-Can Realty Ltd.
8The Tribunal granted New-Can Realty Ltd. Party Status.
9The Tribunal heard that the Parties are engaging in a without prejudice settlement discussions, including through potential mediation. The Parties have requested a second CMC. The Tribunal directs that the Parties be prepared to present at the second CMC, the Tribunal with a draft Procedural Order containing a more refined list of issues and to set dates for the hearing of the Merits. Should talks between the Parties continue to be positive the Tribunal may convert the CMC into a settlement hearing.
10The Tribunal hereby schedules a second CMC commencing on Monday February 27, 2023 at 10 a.m. by video hearing.
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:
GoToMeeting: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
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: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 719-383-509.
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 will be given.
16The Member is not seized.
17So Orders the Tribunal.
“Carmine Tucci”
Carmine TUCCI
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.