Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 16, 2024
CASE NO.:
OLT-22-001909
OLT-22-004847
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
1386072 Ontario Inc.
Subject:
Application to amend the Zoning By-law – neglect to make a decision
Description:
To permit a 15-storey residential building.
Reference Number:
21 196623 WET 02 OZ
Property Address:
4174 Dundas Street W
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-001909
OLT Lead Case No:
OLT-22-001909
OLT Case Name:
1386072 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
1386072 Ontario Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the redevelopment as a 15-storey residential use building
Reference Number:
21 196623 WET 02 OZ
Property Address:
4174 Dundas Street W
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004847
OLT Lead Case No:
OLT-22-001909
BEFORE:
BITA M. RAJAEE
Monday the 12th
MEMBER
day of February, 2024
THESE MATTERS having come before the Tribunal for a hearing, in writing, on February 12, 2024, and having read the materials filed, on consent of the Parties,
AND THESE MATTERS, having come before the Tribunal for a public Case Management Conference on July 12, 2022, February 6, 2023, and July 5, 2023 and the Tribunal having issued its Decisions on July 29, 2022, May 3, 2023, and July 17, 2023 respectively;
THE TRIBUNAL having been advised by the Parties on December 18, 2023 that a full settlement agreement had been reached between all Parties;
AND THE TRIBUNAL, having received and considered:
i. the uncontested opinion evidence of David A. McKay, a Registered Professional Planner and full member of the Canadian Institute of Planners, in his comprehensive Affidavit sworn on February 7, 2024;
ii. The Motion Record filed by the Applicant and the Affidavit and Exhibits contained therein (1632 pages), including the architectural plans and drawings dated December 5, 2023; and
iii. City Council’s Decision from its meeting of December 13, 14, and 15, 2023.
AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of David A. McKay, with respect to an Official Plan Amendment (“OPA”) and Zoning By-law Amendments (“ZBA”) before the Tribunal in relation to lands known municipally as 4174 Dundas Street West in the City (“Subject Site”), and finding that the OPA, ZBAs, and the proposal they would facilitate are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the City of Toronto, including:
i. The Planning Act, R.S.O. 1990, c. P.13;
ii. The Provincial Policy Statement 2020;
iii. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020;
iv. The City of Toronto Official Plan;
v. Site and Area Specific Policy 227 to the Official Plan;
vi. The City of Toronto City-Wide Zoning By-law 569-2013;
vii. The Former City of Etobicoke Zoning By-law 11737, as amended by the City of Toronto Zoning By-law 717-2006; and
viii. The City of Toronto’s Guidelines, including:
a. The City of Toronto Tall Building Design Guidelines;
b. The Mid-Rise Building Performance Standards;
c. The Toronto Green Standard;
d. The Dundas Street West Urban Design Guidelines;
e. City of Toronto Growing Up: Planning for Children in New Vertical Communities Guidelines;
f. The Bird Friendly Design Guidelines; and
g. The Pet Friendly Design Guidelines for High Density Communities.
AND THE TRIBUNAL finding that the requested OPA and ZBAs, as revised by the settlement agreement, meet the required legislative tests, represent good planning, are in the public interest, and warrant approval, in principle, subject to the conditions agreed to by the Parties;
NOW THEREFORE
THE TRIBUNAL MAKES AN INTERIM ORDER THAT:
The appeal by 1386072 Ontario Inc. (“Applicant”), pursuant to section 22(7) of the Planning Act, is allowed, in part, and the amendment to the Official Plan for the City of Toronto is hereby approved, in principle, contingent upon confirmation, satisfaction, or receipt of those pre-requisite matters identified at paragraph [3] of this Order;
The appeal by the Applicant pursuant to section 34(11) of the Planning Act is allowed, in part, and the proposed amendments to the Former City of Etobicoke Zoning By-law 11737, as amended by City of Toronto Zoning By-law 717-2006, and to the City of Toronto Zoning By-law No. 569-2013, as amended, are hereby approved, in principle, contingent upon confirmation, satisfaction, or receipt of those pre-requisite matters identified at paragraph [3] of this Order;
The Tribunal’s final Order in respect of the Official Plan Amendment and Zoning By-law Amendments for the Subject Site shall be withheld until such time as the Tribunal receives confirmation from the Parties that the following conditions have been satisfied:
i. The final form and content of the Official Plan Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
ii. The final form and content of the Zoning By-law Amendment(s) is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
iii. The proposed Zoning By-law Amendments include the existing holding ("H") conditions identified in Section 4(i) of Zoning By-law 717-2006, as amended, on the site, including revisions as required, with the hold symbol not to be lifted until City Council is satisfied as to the availability of all road improvements, infrastructure, servicing and school capacity, to accommodate the proposed development;
iv. The Applicant has provided a revised Functional Servicing Report, a revised Stormwater Management Report, and a revised Geotechnical Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
v. The Applicant has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;
vi. The Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Stormwater Management and Geotechnical Reports and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the Traffic Impact Study accepted by the General Manager, Transportation Services;
vii. The Applicant has provided loading spaces, parking spaces and accessible parking spaces, as well as drive aisle widths and turning radii, in accordance with the supply and dimensional requirements of city-wide Zoning By-law 569-2013 to the satisfaction of the General Manager of Transportation Services;
viii. The Applicant has provided a revised Arborist Report, Tree Inventory and Preservation Plan, Natural Heritage Impact Study, and Landscape Plan which identifies and labels via shading and notation the areas to be conveyed/restored/renaturalised, the new property boundary and the fencing , and addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendments application, to the satisfaction of the General Manager, Parks, Forestry & Recreation, the Chief Planner and Executive Director, City Planning, and the Toronto and Region Conservation Authority (“TRCA”);
ix. The Applicant agrees to restore and renaturalise the lands located below the long- term stable top-of-slope and the adjoining buffer zone lands located within 10 metres of the long-term stable top-of-slope to the satisfaction of the General Manager, Parks, Forestry & Recreation, the Chief Planner and Executive Director, City Planning, and the TRCA;
x. The Applicant has satisfied the requirements of the TRCA regarding requested revisions to reports, and policy and/or zoning revisions requested to address the long-term stable top-of-slope issue;
xi. The Applicant has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clauses;
xii. The Applicant revises the draft Zoning By-law Amendments to rezone the lands located below the long-term stable top-of slope and the buffer zone lands located within 10 metres of the long-term stable top-of-slope as Open Space-Natural Zone (ON), and revises plans to show a two metre building setback to the future ON zoned lands, to the satisfaction of TRCA and the Chief Planner and Executive Director, City Planning;
xiii. Prior to Site Plan Approval, the Applicant prepare all documents and convey a 0.4- metre road widening along the frontage of the property on Dundas Street West, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor;
xiv. Prior to the issuance of the first above-grade building permit, the Applicant convey all lands below the long-term stable top of slope and adjoining 10-metre buffer from the long-term stable top of slope to the TRCA, to the satisfaction of the TRCA, the Chief Planner and Executive Director, City Planning, and the City Solicitor; and
xv. In accordance with Section 42 of the Planning Act, the Applicant agrees to satisfy the parkland dedication requirement through cash-in-lieu. As per Toronto Municipal Code Chapter 415-29, the appraisal of the cash-in-lieu will be determined under the direction of the Executive Director, Corporate Real Estate Management. Additionally, the Toronto Municipal Code Chapter 415-28, requires that the payment be made prior to the issuance of the first above-ground building permit for the land to be developed.
AND THE TRIBUNAL ORDERS that it the Applicant is to provide confirmation that the Tribunal can issue its final Order or to provide a status update in writing to the Tribunal’s Case Coordinator by Friday, June 28, 2024.
AND THE TRIBUNAL ORDERS that it may, as necessary, arrange for further attendance by the Parties via telephone conference calls to determine timelines and/or a deadline for the submission of the final draft of the Official Plan Amendment and Zoning By-law Amendment(s), the satisfaction of the contingent pre-requisites, or the issuance of the Final Order if required.
AND THE TRIBUNAL ORDERS that it may be spoken with respect to the implementation of this Interim Order and in the event that there are difficulties in satisfying the above conditions for the issuance of the Tribunal's final Order in respect of the above-mentioned appeal.
“Euken Lui”
EUKEN LUI
ACTING 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.