Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 20, 2026 CASE NO.: OLT-22-002185

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Fengate CCC Holdings LP Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a mixed-use community with five residential and mixed-use buildings Reference Number: 21 179555 NNY 16 OZ Property Address: 1-3 Concorde Gate and 10-12 Concorde Place Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-002185 OLT Lead Case No: OLT-22-002185 OLT Case Name: Fengate CCC Holdings LP v. Toronto (City)

PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Fengate CCC Holdings LP Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a mixed-use community with five residential and mixed-use buildings Reference Number: 21 179556 NNY 16 SB Property Address: 1-3 Concorde Gate and 10-12 Concorde Place Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-002186 OLT Lead Case No: OLT-22-002185

BEFORE: D. CHIPMAN MEMBER Monday, the 20th day of April, 2026

THIS MATTER having come before the Tribunal on June 21, 2023, and the Tribunal in its Decision issued on July 19, 2023, having withheld the final order pending confirmation that the pre-requisite matters have been completed;

AND THE TRIBUNAL having received confirmation that the conditions as set out in paragraph 47 of the Decision have now been cleared to the City’s satisfaction;

THE TRIBUNAL ORDERS that the appeal is allowed and Zoning By-law No. 569-2013 is hereby amended as set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk of the City of Toronto to assign a number to this by-law for record keeping purposes.

“Matthew D.J. Bryan” MATTHEW D.J. BRYAN 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.

Attachment “1”

Authority: Ontario Land Tribunal Decision issued on July 19, 2023 and Ontario Land Tribunal Order issued on [date] in Tribunal Case No. OLT-22-002185

CITY OF TORONTO

BY-LAW [Clerks to insert By-law number]

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2025 as 1-3 Concorde Gate and 10-12 Concorde Place.

Whereas the Ontario Land Tribunal, by its Decision issued on July 19, 2023 and its Order issued on [date], in respect of Tribunal File OLT-22-002185, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2025 as 1-3 Concorde Gate and 10-12 Concorde Place; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and

Whereas pursuant to Section 39 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law.

The Ontario Land Tribunal Orders:

The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, as amended, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Zoning By-law Map in Section 990.1 and applying the following zone label to these lands: CR 3.0 (c2.0; r2.5) SS2 (x991) and O as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1 and applying the following height and storey label to these lands: HT 40, ST 10 and HT 48, ST 12, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1 and applying the following lot coverage label to these lands: 35 as shown on Diagram 4 attached to this By- law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 991 so that it reads:

(991) Exception CR 991

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:

Site Specific Provisions:

(A) On lands municipally known as 1-3 Concorde Gate and 10-12 Concorde Place, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (BB) below;

(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 136.52 metres for “Area A” and 135.83 metres for “Area B” and the elevation of the highest point of the building or structure;

(D) Despite Regulation 40.10.40.1(1), residential use portions of a building are permitted to be located on the same level as non-residential use portions of the building;

(E) Despite Regulation 40.10.40.10(2) and (7) the permitted maximum height of a building or structure is the number in metres following the letters "HT" and storeys following the letters “ST” as shown on Diagram 5 of By-law [Clerks to insert By-law ##];

(F) Despite Regulations 40.5.40.10(3) to (8) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 5 of By-law [Clerks to insert By-law ##]:

(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 8.0 metres;

(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse, by a maximum of 8.0 metres;

(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.5 metres;

(iv) green roof elements and parapets located on top of a mechanical penthouse enclosure, may further exceed the permitted maximum height in (ii) above by a maximum of 1.5 metres;

(v) building maintenance units and window washing equipment, by a maximum of 5.0 metres;

(vi) building maintenance units and window washing equipment located on top of a mechanical penthouse enclosure may further exceed the permitted maximum height in (ii) above by a maximum of 5.0 metres;

(vii) planters, landscaping features, and guard rails by a maximum of 1.5 metres;

(viii) divider screens on a balcony and/or terrace, by a maximum of 3.0 metres;

(ix) crash walls and other rail safety mitigation elements or structures by a maximum of 6.0 metres; and

(x) trellises, pergolas, cabanas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 4.5 metres;

(G) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 296,700 square metres, subject to the following:

(i) should a public school use be provided within “Building 2”:

(a) the permitted maximum gross floor area for residential uses is 287,556 square metres;

(b) the permitted maximum gross floor area for a public school is 7,100 square metres;

(d) the permitted maximum gross floor area for non-residential uses is 9,144 square metres; and

(e) the permitted residential gross floor area in (a) above may be increased by the unused gross floor area allocated for a public school use, up to a maximum of 1,500 square metres;

(ii) should a public school use not be provided within “Building 2”:

(a) the permitted maximum gross floor area for residential uses is 291,400 square metres; and

(b) the required minimum gross floor area for non-residential uses is 5,300 square metres;

(H) The permitted maximum gross floor area of 296,700 square metres under Regulation (G) above shall be allocated as follows:

(i) for “Building 1”, a maximum gross floor area of 72,600 square metres;

(ii) for “Building 2”, a maximum gross floor area of 71,600 square metres;

(iii) for “Building 3”, a maximum gross floor area of 39,800 square metres;

(iv) for “Building 4”, a maximum gross floor area of 36,600 square metres; and

(v) for “Building 5”, a maximum gross floor area of 76,100 square metres;

(I) Despite Regulation (H) above, the permitted maximum gross floor area within “Building 1”, “Building 2”, “Building 3”, Building 4” and “Building 5” may be increased, so long as the permitted maximum gross floor area on the lot does not exceed 296,700 square metres;

(J) The permitted maximum “floor plate area” of each storey of a “tower” containing residential uses is 800 square metres;

(K) Despite Regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space at the following rate:

(i) for “Building 1”:

(a) at least 1.5 square metres for each dwelling unit as indoor amenity space;

(b) at least 1.1 square metres for each dwelling unit as outdoor amenity space, of which at least 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and

(c) all or part of the required amenity space for "Building 1" in (a) and (b) above may be situated in or adjoining another building in "Area A" or "Area B", provided the overall requirement for amenity space is cumulatively met across all buildings;

(ii) for “Building 2”:

(a) at least 1.4 square metres for each dwelling unit as indoor amenity space;

(b) at least 0.8 square metres for each dwelling unit as outdoor amenity space, of which at least 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and

(c) all or part of the required amenity space for "Building 2" in (a) and (b) above may be situated in or adjoining another building in "Area A" or "Area B", provided the overall requirement for amenity space is cumulatively met across all buildings;

(iii) for “Building 3”:

(a) at least 1.5 square metres for each dwelling unit as indoor amenity space; and

(b) at least 2.0 square metres for each dwelling unit as outdoor amenity space, of which at least 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space;

(iv) for “Building 4”:

(a) at least 1.5 square metres for each dwelling unit as indoor amenity space; and

(b) at least 1.0 square metres for each dwelling unit as outdoor amenity space, of which at least 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space;

(v) for “Building 5”:

(a) at least 1.5 square metres for each dwelling unit as indoor amenity space;

(b) at least 1.3 square metres for each dwelling unit as outdoor amenity space, of which at least 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and

(c) all or part of the required amenity space for "Building 5" in (a) and (b) above may be situated in or adjoining another building in "Area A" or "Area B", provided the overall requirement for amenity space is cumulatively met across all buildings;

(L) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law ##];

(M) Despite Regulation 40.10.40.80(2), the required separation of main walls are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law ##];

(N) Despite Clause 40.10.40.60, and (L) and (M) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) decks and balconies, by a maximum of 2.0 metres;

(ii) crash walls and other rail safety mitigation elements or structures;

(iii) at grade terrace walls and privacy screens, by a maximum of 3.0 metres;

(iv) canopies and awnings, by a maximum of 3.0 metres;

(v) exterior stairs, access ramps and elevating devices, by a maximum of 3.0 metres;

(vi) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.5 metres;

(vii) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 1.0 metres;

(viii) window projections, including bay windows and box windows, by a maximum of 1.0 metres;

(ix) eaves, by a maximum of 1.0 metres; and

(x) light fixtures, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metres;

(O) Despite Regulation 40.10.50.10(2), a fence is not required along a lot line abutting a lot in the Residential Apartment Zone category;

(P) Despite Regulation 40.10.50.10(3), soft landscaping is not required along a lot line abutting a lot in the Residential Apartment Zone category;

(Q) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, and Regulation 970.10.15.5(5) and Table 970.10.15.5, parking spaces must be provided in accordance with the following:

(i) a minimum of 0 residential occupant parking spaces for each dwelling unit, but not exceeding the permitted maximum in Table 200.5.10.1 for dwelling units in an apartment building or mixed use building in Parking Zone B;

(ii) a minimum of 2.0 plus 0.05 residential visitor parking spaces for each dwelling unit;

(iii) a minimum of 0 parking spaces for non-residential uses;

(iv) a maximum of 4.0 parking spaces for every 100 square metres of gross floor area devoted to non-residential uses; and

(v) parking spaces for residential visitors and non-residential uses may be provided on a non-exclusive basis;

(R) Despite Regulation 200.5.1.10(2)(A)(iv), a total of 10 percent of all parking spaces on the lot may be obstructed as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;

(S) Despite Regulation 200.5.1.10(2)(D), Electric Vehicle Infrastructure, including electrical vehicle supply equipment or an energized outlet, does not constitute an obstruction to a parking space;

(T) Despite Regulation 200.15.1(1) and (3) an accessible parking space must comply with the following:

(i) accessible parking spaces must have the following minimum dimensions:

(a) length of 5.6 metres;

(b) width of 3.4 metres; and

(ii) the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;

(U) Despite Regulation 200.15.1(4), an accessible parking space is not required to be the closest parking space to:

(i) a barrier free entrance to a building; or

(ii) a passenger elevator that provides access to the first storey of a building;

(V) Despite Regulation 200.15.10.10 (1), a minimum of 26 accessible parking spaces are required, and must be provided at the following rate:

(i) for “Building 1”, a minimum of 6 accessible parking spaces;

(ii) for “Building 2”, a minimum of 6 accessible parking spaces;

(iii) for “Building 3”, a minimum of 4 accessible parking spaces;

(iv) for “Building 4”, a minimum of 3 accessible parking spaces; and

(v) for “Building 5”, a minimum of 7 accessible parking spaces;

(W) Despite Regulation 220.5.10.1(1) and (2), loading spaces must be provided in accordance with the following:

(i) for “Building 1”, a minimum of 1 Type “G” loading space and 1 Type C loading space;

(ii) for “Building 2”, a minimum of 2 Type “G” loading spaces and 1 Type “C” loading space;

(iii) for “Building 3”, a minimum of 1 Type “G” loading space;

(iv) for “Building 4”, a minimum of 1 Type “G” loading space; and

(v) for “Building 5”, a minimum of 1 Type “G” loading space and 1 Type “C” loading space;

(X) Despite Regulation 230.5.1.10(9), “long-term” bicycle parking spaces are permitted to be located on all levels of the building and parking garage both above and below ground;

(Y) Despite Regulation 230.5.1.10(10), “short-term” bicycle parking spaces may be located in a stacked bicycle parking space;

(Z) Despite Regulations 230.40.1.20(2), a “short-term” bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot;

(AA) Despite Regulations 40.10.40.11(2), 40.10.40.71(2), 40.10.40.81(2), in addition to (E), (F), (G), (L), (M) and (N) above, additions to the lawfully existing parking garage structure on 10-12 Concorde Place are permitted in the interim condition prior to the full build out of the lands shown on Diagram 1 of By-law [Clerks to insert By-law ##], provided that:

(i) any additions are located west of the west elevation of the lawfully existing parking garage structure, and may not extend closer to the northerly lot line than the lawfully existing parking garage structure; and

(ii) the lawfully existing building and lawfully existing parking garage structure at 10-12 Concorde Place, inclusive of any additions, are demolished prior to the issuance of the first below-grade building permit for the building elements labeled “Building 2 – HT 22.0 ST 4 / HT 148.5 ST 45” and “Building 3” on Diagram 5 of By-law [Clerks to insert By-law ##];

(BB) For the purpose of this exception, each word or expression that is in bold font will have the same meaning as such word or expression as defined in Chapter 800 of Zoning By-law 569-2013, as amended, except for the following:

(i) “Area A” and “Area B” shall mean the areas labelled on Diagram 1 of By-law [Clerks to insert By-law ##];

(ii) “Building 1” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 5 of By-law [Clerks to insert By-law ##];

(iii) “Building 2” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 5 of By-law [Clerks to insert By-law ##];

(iv) “Building 3” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 5 of By-law [Clerks to insert By-law ##];

(v) “Building 4” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 5 of By-law [Clerks to insert By-law ##];

(vi) “Building 5” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 5 of By-law [Clerks to insert By-law ##]; and

(vii) “Floor Plate Area” shall mean the total built area of a storey measured from the exterior of the main walls, but exclusive of balconies and any other permitted projections;

(viii) “Tower” shall mean the portions of a building which collectively enclose the entirety of a storey above the following heights:

(a) for “Building 1”, a height of 31.0 metres;

(b) for “Building 2”, a height of 24.8 metres;

(d) for “Building 4”, a height of 34.1 metres; and

(e) for "Building 5”, a height of 38.7 metres;

Prevailing By-laws and Prevailing Sections: (None Apply)

Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Temporary Use(s):

(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a temporary sales, leasing or construction office, which is a temporary building, structure, facility, or trailer on the lands used exclusively for the purpose of marketing or sale of dwelling units or non-residential gross floor area to be erected on the lot, for a period of not more than 3 years from the date this By-law comes into full force and effect.

Ontario Land Tribunal Decision issued on July 19, 2023 and Ontario Land Tribunal Order issued on [date] in Tribunal Case No. OLT-22-002185

Fengate CCC Holdings LP v. Toronto (City), 2026 CanLII 38536

Case Summary

Ontario Land Tribunal

Attachment “1”