Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 17, 2024
CASE NO.: OLT-22-004667
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2432905 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the property as 20-storey mixed used building
Reference Number: 21 252235 NNY 08 OZ
Property Address: 2451 Dufferin Street
Municipality: Toronto
OLT Case No.: OLT-22-004667
OLT Lead Case No.: OLT-22-004667
OLT Case Name: 2432905 Ontario Inc. v. Toronto (City)
BEFORE:
J. INNIS MEMBER Tuesday, the 16th day of April, 2024
THIS MATTER having come before the Tribunal by way of written hearing concerning a proposed settlement of this proceeding;
AND THIS MATTER having come before the Tribunal for two Case Management Conferences (“CMCs”) held on February 22, 2023, and May 31, 2023, and the Tribunal having issued its Decisions concerning those CMCs on March 8, 2023 and June 13, 2023 respectively;
AND THE TRIBUNAL having been advised by the Parties on April 12, 2024, that they had reached a full uncontested settlement of this proceeding;
AND THE TRIBUNAL having received and considered:
i. the uncontested opinion evidence of Graig Uens, a Registered Professional Planner and member of the Canadian Institute of Planners, in his affidavit sworn on April 12, 2024;
ii. the Motion Record filed by the Applicant and the Affidavit and Exhibits contained therein (57 pages), including the architectural plans and drawings dated November 29, 2023; and
AND THE TRIBUNAL, having accepted the uncontradicted affidavit evidence of Graig Uens with respect to a Zoning By-law Amendment (“ZBA”) before the Tribunal in relation to lands known municipally as 2451 Dufferin Street in the City of Toronto (“Subject Property”), and having found that the proposed ZBA is consistent with, conforms to, and is in accordance with all 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, as amended (“Act”);
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. City of Toronto Zoning By-law 569-2013
vi. the City of Toronto’s Guidelines, including:
a. the City of Toronto Tall Building Design Guidelines;
b. Growing Up: Planning for Children in Vertical Communities; and
c. Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings;
AND THE TRIBUNAL being satisfied that the proposed settlement as reflected in the ZBA has appropriate regard for matters of provincial interest, is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), as amended, conforms with the City of Toronto Official Plan, represents good planning, and is in the public interest;
THE TRIBUNAL ORDERS THAT:
The above-noted appeal pursuant to subsection 34(11) of the Act is allowed, in part, on an interim basis, contingent upon confirmation of those pre-requisite matters identified in paragraph 2. Below; the proposed development of the lands in accordance with the plans attached as Exhibit “C” to the Affidavit of Graig Uens, sworn on April 12, 2024, filed with the Tribunal as Exhibit 1, is also approved in principle as is the Zoning By-law Amendment set out in Attachment 1 to this Interim Order, both approvals also contingent upon confirmation of those pre-requisite matters identified in paragraph 2. below; and,
The Tribunal will withhold the issuance of its final Order contingent upon confirmation of the City of Toronto Solicitor, of the following pre-requisite matters:
the proposed draft Zoning By-law Amendment is in and content satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
the owner has to the satisfaction of the General Manager, Transportation Services, and Chief Engineer and Executive Director, Engineering and Construction Services addressed all matters noted in the Engineering and Construction Services Memorandum dated February 23, 2022, and the Transportation Services Memorandum dated February 24, 2022, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies) as they relate to the Zoning By-law Amendment applications;
the owner has submitted a Functional Servicing Report that to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services determines the storm water 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;
the owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City 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 this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10;
the owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the development. In requiring any off-site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering and Construction Services for Work on the City's Right-of-Way;
the owner has submitted revised architectural and landscape plans, revised sun/shadow and wind studies reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning;
the owner has submitted a revised Travel Demand Management Plan and Vehicle Maneuvering Diagram acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;
the owner has submitted a methane gas investigation report and associated certified letter regarding the investigation of subsurface methane gas acceptable to, and to the satisfaction of the General Manager, Solid Waste Management Services;
the owner has addressed all outstanding issues raised by Urban Forestry and Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and
the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning.
The Tribunal may be spoken to in the event that the Parties require assistance in implementing this Interim Order or in the event that problems or a dispute arises concerning the issuance of the Tribunal's final Order in accordance with paragraph 2 above..
The Parties shall submit the final drafts of the Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph 2 above have been satisfied, and shall request the issuance of the Final Order, by December 31, 2024, failing which the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Zoning By-law Amendment and issuance of the Final Order by the Tribunal
“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.