Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 01, 2021
CASE NO(S).: PL200106
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dufferin Mall Holdings Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Area
Proposed Designation: Mixed Use Area
Purpose: To permit the development of four (4) mixed use buildings ranging in height from 14 to 39 storeys with underground parking and a new park
Property Address/Description: 900 Dufferin Street
Municipality: City of Toronto
Approval Authority File No.: 19 184841 STE 09 OZ
OLT Case No.: PL200106
OLT File No.: PL200106
OLT Case Name: Dufferin Mall Holdings 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: Dufferin Mall Holdings Inc.
Subject: Application to amend Zoning By-law No. (438-86) - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Commercial Residential (CR T3.0 C3.0 R1.0)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of four (4) mixed use buildings ranging in height from 14 to 39 storeys with underground parking and a new park
Property Address/Description: 900 Dufferin Street
Municipality: City of Toronto
Municipality File No.: 19 184841 STE 09 OZ
OLT Case No.: PL200106
OLT File No.: PL200108
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dufferin Mall Holdings Inc.
Subject: Application to amend Zoning By-law No. 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Commercial Residential (CR T3.0 C3.0 R1.0) SS2 (x.1335)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of four (4) mixed use buildings ranging in height from 14 to 39 storeys with underground parking and a new park
Property Address/Description: 900 Dufferin Street
Municipality: City of Toronto
Municipality File No.: 19 184841 STE 09 OZ
OLT Case No.: PL200106
OLT File No.: PL200107
Heard: October 18, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Dufferin Mall Holdings Inc.
Michael Foderick
City of Toronto
Joanna Wice
Daniel Elmadany
Roman Catholic Episcopal Corporation for the Diocese of Toronto
David Tang
Build a Better Bloor Dufferin
Sean Fitzpatrick
DECISION DELIVERED BY D. COLBOURNE AND G. BURTON AND ORDER OF THE TRIBUNAL
1These were appeals by Primaris Management Inc., known here as Dufferin Mall Holdings Inc. (the “Applicant”), from the failure of the City of Toronto to make a decision on an application to amend the Official Plan (“OP”) as authorized by s. 22(7) of the Planning Act (the” Act”); also submitted in July 2019 was an application to amend Zoning By-law No. 569-2013 (“ZBL”). These would authorize a mixed-use development with four towers on the northern portion of the site at 900 Dufferin Street (Area A). The larger portion to the south (Area B) containing the Dufferin Mall (the “Mall”) would be redeveloped at a later date.
2Expert planning evidence for the Applicant at the Hearing was provided by Tim Smith of the Urban Strategies Inc. He outlined the site location in Toronto’s Dufferin Grove, with Area A along Dufferin Street on the south side of Croatia Street, adjacent to the Brockton Stadium. It is just north of the Neighbourhoods on Muir Avenue.
3The Parties, including both a neighbourhood group, Build a Better Bloor Dufferin (“BBBD”) and the Roman Catholic Episcopal Corporation for the Diocese of Toronto (the “Archdiocese”) on behalf of Our Lady Queen of Croatia Church at the north of the site, have reached a settlement. This was presented to the Tribunal together with draft amendments to the OP and the ZBL.
4Mr. Smith was involved in the preparation of a master plan concept for the development site, and the preparation of supporting materials for the Applications, as well as in mediation sessions with the other Parties. He described the larger parcels A and B, then the proposal for Area A. The entire property (A and B) is 86,100 square metres (“m2”) in area. It was developed as a shopping plaza in the 1950s, and then converted into an enclosed shopping centre in the mid-1970s. This includes a multi-level parking structure and large areas of surface parking.
5The City requested that the Official Plan Amendment, originally for Area A alone, be expanded to include the entire property. This would establish a site-specific planning framework, based on the OP policies, for the comprehensive development (if any) of the entire property. Thus the proposed Site and Area Specific Policy (“SASP”) would cover the entire site. It would be divided into two sub-areas: Development Area A and Development Area B. This is illustrated on the Context Map attached to the Mr. Smith’s Affidavit (Exhibit 2) as Tab C.
Area A
6Development Area A in the northern portion of the property, is the subject of the Zoning By-law Amendment (“ZBLA”), with certain matters to be reviewed and determined by the City. The boundary of this area can be seen on the Development Area A Context Map in Tab D of Exhibit 2.
7Area A is approximately 175 metres (“m”) south of Bloor Street West. The site is approximately 1.5 hectares in size and is irregularly shaped, with approximately 125 m of frontage along Dufferin Street and 200 m of frontage along Croatia Street. It is bounded by Dufferin Street to the east, Croatia Street to the north, and a private service lane to the west. The south boundary contains the Mall access from Dufferin Street, and the interior portion of the mall. Our Lady Queen of Croatia Church is not part of Area A.
8Area A is mostly occupied by surface parking, with approximately 309 stalls. At the northeast corner are three drive-through restaurants. At the west end are two retail units, a later extension of the Mall, and the only portion not connected to the Mall’s internal pedestrian system. A portion of the site by the Mall’s north entrance is used as a loading area for a store in the Mall. There are now five points of access, three along Croatia Street and two along Dufferin Street.
9Mr. Smith testified that the existing uses are outdated, and out of character with the surrounding urban fabric. While the site’s physical context is relatively compact and pedestrian-friendly, the site does not represent good planning today: redevelopment with a built form, a public realm and a mix of uses that are compatible with the surroundings is highly desirable.
Area B
10Development Area B is the larger southern portion of the property. The proposed SASP would provide a comprehensive planning framework for both Areas. However, the focus of the SASP is Area B to ensure that if redeveloped, it is planned comprehensively as part of a complete community.
11Area B contains the Mall, surface and structured parking, and private lanes and loading areas. It is shown on the Context Map attached in Tab C of Exhibit 2.
The Surrounding Context
12The surrounding context has informed aspects of the proposed development, including how Area A is organized, and the height and massing of new development. The surroundings are illustrated in the Context Map and Context Photographs attached in Tabs C and D of Exhibit 2.
13Both Dufferin Street and Bloor Street West are major routes for vehicles, transit, and pedestrians. Bloor Street West here is generally characterized by a built form of two to three-storey commercial and mixed-use buildings, as well as some house forms, some still residential. The Dufferin TTC subway entrances to the Bloor-Danforth Line are in that intersection, and buses stop at Dufferin TTC station.
14South of the property are single and semi-detached houses, separated from the Mall by both the mall’s private servicing lane and a public laneway.
15The east side of Dufferin Street is characterized by two to three storey, single and semi-detached houses, some converted for commercial use. At the corner of Dufferin Street and Dufferin Park Avenue is a 15-storey residential building. Dufferin Grove Park to the east is a well-used district park, approximately 5.3 hectares in size.
16Immediately west of the property is Brockton Stadium and low-rise residential neighbourhoods, separated from the Mall by the mall’s private service lane. Brockton Stadium is owned by the Toronto District School Board (“TDSB”) and is used by both school users and the public. Further west are low-rise residential neighbourhoods.
17The area to the north of the site (on the block bounded by Croatia Street, Brock Avenue, Bloor Street West and Dufferin Street) is undergoing major change, from former school buildings to a Tribunal-approved development of the site at 1141 Bloor Street West. The development will include two new north-south streets through the site. The western street would be an extension of Pauline Avenue (which currently terminates at Bloor Street West) and will be a public street. Block 4 is a public park. Both public and private streets improve the transportation and pedestrian network in the area, Mr. Smith opined. Seven buildings are proposed on the 1141 Bloor Street West site.
18Apart from this proposal and a new high school on designated Neighbourhoods land at 90 Croatia Street to the west, there are no active development applications within 500 m of the property.
Official Plan Designations and Zoning
19In Map 18 – Land Use Plan in the OP, the Mall site is designated as Mixed Use Area. These are anticipated to absorb new population and job growth, and also to create transitions to areas of lower scale and intensity. Not all Mixed Use Areas will experience the same scale or intensity of development, Mr. Smith stated.
Issues arising from consultations with City on the proposed Official Plan and Zoning By-law Amendment prior to Settlement
20The issues are identified as follows:
- The scale of the proposed development, and appropriate transitions to areas of different intensity and scale;
- Public streets to integrate Area A into the existing street network;
- Shadow to be cast on the public park for the site to the north (1141 Bloor Street West); and
- The need for a master plan for the remainder of the Dufferin Mall lands.
21Following discussions with City staff, the Councillor and BBBD, a settlement offer was delivered to the City and accepted by Council, with some amendments supported by all Parties. This Settlement is now before the Tribunal. The Settlement Plan is attached as Tab I of Exhibit 2, and the proposed SASP is attached as Tab J.
22The general structure of the proposed SASP will result in a comprehensive planning framework, Mr. Smith opined. This will ensure the area is redeveloped in a coordinated manner, and evolves into a complete and inclusive mixed-use neighbourhood.
Area A
23Mr. Smith provided the design details for Area A, with three proposed towers of 39, 35 and 23 storeys, well separated as required by the Design Guidelines. There would be a privately owned, publicly accessible area or “POPS” to the west, where Pauline Avenue would be extended, and other amenity areas within or on top of the tower podiums. Loading areas would be to the west of the towers, as well as a ramp to underground parking. Retail uses would be located along the north side of the park and along Dufferin Street, with possible small-scale retail or other commercial in residential lobbies along Croatia Street.
24The ZBLA for Area A is to permit redevelopment of land now occupied by a surface parking lot, drive-through restaurants and a strip plaza into a compact, mixed-use, and transit-supportive neighbourhood. A private street connects the two development blocks: the West Block and the East Block. The West Block will also form a two-storey extension of the Mall, including a new mall entrance along the proposed private street.
25Built form changes include terracing of the towers, with step backs provided to establish a pedestrian scale along Croatia Street, and to adequately limit the base building shadow impacts. There would be appropriate transitions in height and scale to the surrounding context, and adequate access to privacy and sky view would be maintained.
26The East Block fronts onto Dufferin Street and Croatia Street, with the proposed public park to the south maintaining. Unlike the non-residential gross floor area (“GFA”) of the West Block, which is planned as an extension of the Mall, the non-residential GFA of the East Block consists of smaller-scale, grade-related retail units which will help to activate Dufferin Street and the future park. Access to loading, servicing, and passenger pick-up and drop-off is internal to Area A through the private street.
27A public park would be located at the southeast corner of the Area A, south of the East Block tower. Here the public park will have frontage along a major public street and will be highly visible, complementing Dufferin Grove Park and the planned park north of Croatia Street.
28Another significant factor is the Section 37 Agreement contribution of 120 “affordable” units, secured for 99 years, to be integrated into the development with only six in one location.
Finalization of the SASP
29Mr. Smith provided testimony that the proposed enactments complied with and conformed to the relevant provincial policies (the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe) as well as with the OP. He provided details. The ZBL would contain a Holding provision to ensure the relocation of the Garrison Park trunk sewer.
30He requested that the Tribunal’s Order be withheld until the areas within the text are resolved with the City, and provided appropriate wording in Exhibit 4.
FINDINGS
31In the Tribunal’s opinion, the proposal adequately conforms to the relevant policies of the OP. It provides a mix of uses, as anticipated in Mixed Use Areas. The built form frames the adjacent public realm, with limited visual and physical impact. As Mr. Smith stated, the built form will fit sensitively within the existing and planned context by the following: location and orientation of buildings, overall heights, and other built form design, such as setbacks, step backs, and separation distances.
32As Mr. Smith testified, the SASP:
- provides a policy framework to ensure that Area B is redeveloped in a coordinated manner and evolves into a complete mixed-use neighbourhood compatible with its surroundings;
- includes policies that ensure that development within Area A does not prevent the orderly redevelopment of Area B (for example, by a north-south public street to provide for a future street and block network); and
- provides for planning and urban design policy directions, based on the OP and as well, urban design guidelines, such as the Tall Building Design Guidelines and Mid-rise Building Performance Standards.
33The applicable ZBL sets out permitted uses and development standards for the site. The Commercial Residential zoning category permits a wide range of uses, many of which are included here. Mr. Smith stated that in order to permit the proposed height, density, parking and setbacks (among other provisions), amendments to both ZBLs No. 569-2013 and No. 438-86 are required. The Tribunal finds that proposed increases to the zoning standards are justified in light of the City and neighborhood concurrence with the proposals.
ORDER
34The Tribunal orders as follows:
- The appeals by Dufferin Mall Holdings Inc. (the Owner) for an Official Plan Amendment and a Zoning By-law Amendment are allowed, in part, and the Tribunal approves in principle the revised proposal for the lands municipally known as 900 Dufferin Street, Toronto, substantially in accordance with the proposed Official Plan Amendment in Exhibit 3 and generally in accordance with the plans and drawings in Exhibit 2 This Order is withheld until the Tribunal has been advised that following conditions have been met to the satisfaction of the City Solicitor:
a. the proposed Official Plan Amendment and Zoning By-law Amendments are in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, with changes including, but not limited to, securing the following matters in the Zoning By-law Amendment:
i. minimum requirements of 2-bedroom and 3-bedroom units on the Development Site;
ii. bicycle parking, loading space and vehicular parking rates;
iii. the location and maximum projection of balconies where determined appropriate and where permitted; and
iv. a Holding (H) Symbol pursuant to section 36 of the Planning Act as a generally described in b. below;
b. the Zoning By-law Amendments contain a Holding (H) Symbol pursuant to section 36 of the Planning Act, the form and content to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, whereby prior to any redevelopment of the lands, that matters related to the Garrison Trunk Sewer, including any approvals required by the Ministry of the Environment, Conservation and Parks under the Ontario Water Resources Act, the removal and decommissioning of the existing Garrison Truck Sewer be undertaken, the new storm and sanitary sewers designed and constructed and demonstrated that the newly constructed sewers are able to service the development of the lands, all at the sole cost and expense of the owner of the lands and to the satisfaction of the City of Toronto, unless such matters can be resolved prior to the issuance of the Order on the Zoning By-law Amendment;
c. the owner has, at its sole cost and expense:
i. submitted a revised Functional Servicing Report, together with supporting documentation, including confirmation of water and fire flow, sanitary and stormwater capacity, Stormwater Management Report and Hydrogeological Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;
ii. confirmed that the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either do not require changes to the proposed Zoning By-law Amendment or any such required changes have been made to the proposed Zoning By-law Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;
iii. submitted a revised Transportation Impact Study, including identifying the Transportation Demand Management measures, improvements to Croatia Street and/or Dufferin Street and any required analysis to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and that such matters arising from such study, including the required Transportation Demand Management measures, be secured where appropriate and as required;
iv. filed a complete revised Official Plan Amendment and Zoning By-law Amendment application to the City, including updated plans, drawings, reports and studies in support of the same, which reflect the revised proposal for circulation and comment by all applicable divisions, agencies and boards, both internal and external, to the City, the circulation of the applicant shall have been completed and the Chief Planner and Executive Director, City Planning shall be satisfied with the revised resubmission;
v. secured the requirement for the design of any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, including securing the provision of financial securities for any such upgrades or improvements, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such upgrades or improvements shall have been secured at the discretion of the Chief Engineer and Executive Director, Engineering and Construction Services in the appropriate agreement(s) with the City or otherwise addressed in the Holding (H) Symbol on the Zoning By-law Amendment;
vi. provide a revised Sun/Shadow Study which includes the new public park on Croatia Street at 1141 Bloor Street West, the new public park on this Development Site and the new school at 90 Croatia Street and Dufferin Grove, satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation;
vii. provide a wind tunnel testing for the development and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning;
viii. provide a revised landscape plan and soil volume plan for the entire Development Site subject of the Zoning By-law Amendment, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Director, Urban Forestry; and
ix. provide a Public Utilities Plan for the entire Development Site subject to the Zoning By-law Amendment to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees and sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry; and
d. the owner has entered into a Section 37 Agreement with the City that has been executed and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the owner's section 37 contributions identified above and the matters agreed to and/or required in support of the development of Development Site.
“D. Colbourne”
D. COLbourne
VICE-CHAIR
“G. Burton”
G. BURTON
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.