Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 24, 2024
CASE NO.: OLT-23-000654
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Islington Village Development Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To redevelop the Property with a 25-storey mixed-use building with office, retail and residential uses
Reference Number: 22 139836 WET 03 OZ
Property Address: 4884-4896 Dundas Street W
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000654
OLT Lead Case No.: OLT-23-000654
OLT Case Name: Islington Village Development 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: Islington Village Development Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To redevelop the Property with a 25-storey mixed-use building with office, retail and residential uses
Reference Number: 22 139825 WET 03 SA
Property Address: 4884-4896 Dundas Street W
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000655
OLT Lead Case No.: OLT-23-000654
BEFORE:
F. Lavoie MEMBER
Tuesday, the 17th day of September, 2024
THIS MATTER/THESE MATTERS, in respect of the lands at 4884 – 4896 Dundas Street West in the City of Toronto (“City”), having come for a public hearing on February 20, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on February 21, 2024; and
THE TRIBUNAL having been advised by the Parties on April 24, 2024 that a full uncontested settlement had been reached, on consent;
AND THE TRIBUNAL, having conducted a settlement hearing, in writing, on June 17, 2024;
AND THE TRIBUNAL having read the materials filed, on consent of the Parties, including the sworn affidavit of Michael Bissett, MCIP, RPP, qualified to give opinion evidence in the area of land use planning and the draft versions of the Zoning By-Law Amendment and Official Plan Amendment attached as Attachment 1 to this Interim Order;
AND THE TRIBUNAL having reviewed and accepted the uncontradicted land use planning opinion evidence of Mr. Bissett, is satisfied the settlement proposal facilitates the redevelopment of an underutilized site in proximity to higher-order public transit (the Islington TTC Station) and in a strategic growth area. The settlement proposal, for a 25-storey residential mixed-use building, provides for a height and massing that will fit harmoniously with its existing and planned context, while adequately limiting impacts on adjacent neighbourhoods and the public realm. In particular, the height has been designed to fit within a 45-degree angular plane from the neighbourhoods designated lands.
AND THE TRIBUNAL having found on the basis of the foregoing, that the Zoning By-Law Amendment and Official Plan Amendment have regard for matters of provincial interest as set out in s. 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, and conform with the Growth Plan for the Greater Golden Horseshoe, 2020. The Official Plan Amendment conforms with the City of Toronto Official Plan, and the Zoning By-Law Amendment conforms with the general intent of same.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT
The appeal is allowed in part, on an interim basis, contingent upon confirmation from the City Solicitor of pre-requisite matters identified below in paragraph 2, and the Zoning By-Law Amendment and Official Plan Amendment set out in Attachment 1 to this Interim Order is hereby approved in principle.
The Tribunal will withhold the issuance of its Final Order until such time as the Tribunal has been advised by the City Solicitor that:
a. the final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the owner has, at its sole cost and expense:
i. submitted a revised Functional Servicing and Stormwater Management Report, to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
ii. addressed all outstanding issues identified within Part I – Official Plan and Zoning By-Law Amendment of the Engineering and Construction Services correspondence, dated December 11, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
iii. provided a revised Servicing Report Groundwater Summary Form, Hydrogeological Assessment Report, Hydrological Review Summary Form, and Foundation Summary