Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 09, 2023
CASE NO(S).: OLT-22-004670
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Toronto (Scarborough Junction) LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Official Plan Amendment to facilitate redevelopment of subject property with a new master-planned community
Reference Number: 20 211430 ESC 20 OZ
Property Address: 641-663 Danforth Road
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004670
OLT Lead Case No.: OLT-22-004670
OLT Case Name: Toronto (Scarborough Junction) Limited Partnership 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: Zoning By-law Amendment to facilitate redevelopment of subject property with a new master-planned community
Reference Number: 20 211392 ESC 20 OZ
Property Address: 3585-3595 St. Clair Avenue East
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004671
OLT Lead Case No.: OLT-22-004670
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: Zoning By-law Amendment to facilitate redevelopment of subject property with a new master-planned community
Reference Number: 20 211279 ESC 20 OZ
Property Address: 411-415 Kennedy Road and 636-646 Danforth Road
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004672
OLT Lead Case No.: OLT-22-004670
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: Draft Plan of Subdivision to facilitate redevelopment of subject property with a new master-planned community
Reference Number: 20 211336 ESC 20 SB
Property Address: 3585-3595 St. Clair Avenue East and 641-663 Danforth Road
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004673
OLT Lead Case No.: OLT-22-004670
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Official Plan Amendment to facilitate redevelopment of subject property with a new master-planned community
Reference Number: 20 211392 ESC 20 OZ
Property Address: 3585-3595 St. Clair Avenue East
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000123
OLT Lead Case No.: OLT-22-004670
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: Zoning By-law Amendment to facilitate redevelopment of subject property with a new master-planned community
Reference Number: 20 211430 ESC 20 OZ
Property Address: 641-663 Danforth Road
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000124
OLT Lead Case No.: OLT-22-004670
Heard: February 16, 2023 via Video Hearing
APPEARANCES:
Parties
Counsel
Toronto (Scarborough Junction) LP
David Bronskill
City of Toronto
Mark Crawford
Laurier Paradise CC 375 Kennedy Inc and CC 347-357 Kennedy Inc. (“Laurier Paradise”)
Aaron Platt appearing for Mark Flowers (in absentia)
Metrolinx
Jennifer Evola and Signe Leisk
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON FEBRUARY 16, 2023 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) to organize appeals brought by Toronto (Scarborough Junction) LP with respect to a total of six separate applications to amend the Official Plan (for lands known as 3585-3595 St. Clair Avenue East and 641-663 Danforth Road, respectively) and Zoning for all three of the parcels known municipally as 411-415 Kennedy Road, 636-646 Danforth Road and 3585-3595 St. Clair Avenue East, and 641-663 Danforth Road, together with a draft plan of subdivision incorporating 3585-3595 St Clair Avenue East and 641-663 Danforth Road, to establish eight development blocks, a network of new streets and new parkland.
2The overall development concept envisions a master plan for a new mixed-use community within an area of Scarborough historically known as the Scarborough Junction.
3In total the community, as currently conceived, will accommodate approximately 7,000 new dwelling units in up to 17 towers ranging in height from 12-48 storeys, with a combined total of 15,000 square metres of retail space, a new Go station entrance and approximately 4,600 square metres of community use space in addition to a new public park.
4Requests for Party status were received from Metrolinx, owner of the north east corner of the lands fronting onto St. Clair Avenue East and the adjacent Scarborough GO station on the other side of the CN rail tracks, and also from Laurier Paradise, owner of property a 347-357 and 375 Kennedy Road, generally abutting the subject lands to the south west. Both requestors established their direct interests in the matter and Party status was granted.
5Requests for Party Status were also received from Oazio Pizzimenti, owner of the business and property at 619-621 Danforth Road and Angela and Frank Cordi, owners 625 Danforth Road. The Tribunal deferred the consideration of these requests to a subsequent CMC in order to allow the Requestors to speak to the representatives of the other Parties, including the City of Toronto (“City”), in order to best understand the proposal so as to assess how or if it will directly impact their respective interests and to gain insights into the hearing process, and the iterative nature of the consultation and mediation processes.
6Two requests for Participant Status were received and granted to Roger Flaim, a 20-year resident and volunteer in the community, and to K. C. Au on behalf of Victoria Cheng, owner of 399 Kennedy Road.
7Counsel for Toronto (Scarborough Junction) LP advised that there are ongoing discussions with the City, and requested that a second CMC be scheduled towards the end of May in order to permit constructive engagement with the now identified Parties, and to afford the opportunity to pursue either Tribunal-led or other forms of mediation, with a view to narrowing both the issues and associated time frame necessary to adjudicate any remaining areas of dispute.
8Accordingly, a second CMC was scheduled for Friday, May 26, 2023 at 10 a.m.
9Parties, Participants and anyone seeking status 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/519389173
Access code: 519-389-173
10Parties 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
11Persons 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 519-389-173.
12Individuals 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.
ORDER
13The requests for Party status by Metrolinx and Laurier Paradise are granted, together with Participant status to Roger Flaim and Victoria Cheng.
14The requests for Party status from Oazio Pizzimenti, and Angela and Frank Cordi will be deferred to the next Case Management Conference.
15The Member is not seized other than to continue to assist with case management.
16No further notice is required.
“Sharyn Vincent”
SHARYN VINCENT
VICE CHAIR
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.