Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 22, 2024
CASE NO.:
OLT-22-004261
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990,c. P.13, as amended
Applicant and Appellant:
Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject:
Request to amend the Official Plan - Failure to adopt the requested amendment
Purpose:
To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address:
2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality:
City of Toronto
Municipal File No.:
21 235229 NNY 08 OZ
OLT Case No.:
OLT-22-004261
OLT Lead Case No.:
OLT-22-004261
OLT Case Name:
Lindvest (Dufferin) Developments Limited et al. 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:
Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject:
Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose:
To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address:
2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality:
City of Toronto
Municipal File No.:
21 235229 NNY 08 OZ
OLT Case No.:
OLT-22-004262
OLT Lead Case No.:
OLT-22-004261
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R. S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Lindvest (Dufferin) Developments Limited, 279661 Ontario Inc., and 2404 Dufferin Holdings Limited
Subject:
Proposed Plan of Subdivision – Failure to make a decision
Purpose:
To permit a 24-storey mixed-use building and a 9-storey apartment building
Property Address:
2402-2418 Dufferin Street and 4-10 Ramsden Road
Municipality:
City of Toronto
Municipal File No.:
21 235231 NNY 08 SB
OLT Case No.:
OLT-22-004263
OLT Lead Case No.:
OLT-22-004261
BEFORE:
SHARYN VINCENT
Monday, the 22nd
VICE-CHAIR
day of April, 2024
THIS MATTER, in respect of the lands at 2402-2418 Dufferin Street and 4-10 Ramsden Road (the “Lands”) in the City of Toronto, having come for a Case Management Conference on April 3, 2023 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on September 18, 2023; and
THE TRIBUNAL having been advised of a settlement reached between the applicant/appellant, Lindvest (Dufferin) Developments Limited, 2796661 Ontario Inc., and 2404 Dufferin Holdings Limited (collectively, the “Applicant”), and the City of Toronto (the “City”) pursuant to a decision of City Council on March 21, 2024, with respect to the zoning by-law amendment appeal filed by the Applicant being OLT-22-004262 (the “ZBA Appeal”) (the “Settlement”);
AND THE TRIBUNAL, having been advised on April 19, 2024 by the Applicant of the withdrawal of its appeal under Section 22(7) of the Planning Act (OLT Case No. OLT-22-004261);
AND THE TRIBUNAL, having been advised by the Parties that the related appeal of the plan of subdivision remains the subject of ongoing discussions with the City, and therefore not addressed in this Interim Order;
AND THE TRIBUNAL, having conducted a hearing, in writing, on April 22, 2024, and having read the materials filed, on consent of the parties;
AND THE TRIBUNAL having been advised that Duffli Limited and Li III Ltd. (“Duffli”), being a Party to these proceedings, has no objection to the Settlement between the Applicant and City;
AND THE TRIBUNAL having reviewed, and accepted the sworn affidavit, dated April 18,
2024, being the uncontradicted evidence of Mr. David McKay, qualified to give opinion
evidence in the area of land use planning, makes the following determinations:
i) The proposed development conforms to and is consistent with the applicable Provincial policies and directives, and will have the effect of implementing a number of provincial and municipal objectives by providing appropriate, transit supportive density along existing and planned transit infrastructure investment;
ii) The proposal complements the revitalization activities in the general area and provides for appropriate intensification in the evolving urban contest, which incorporates a range of additional housing choices for existing and future residents of the area, including family sized units, amenity space and a new public park, all while being located within reasonable walking distance to commercial and recreational opportunities and education facilities, thereby optimizing existing infrastructure.
AND THE TRIBUNAL, therefore finds that the proposal is compatible with adjacent and surrounding land uses, represents good planning, and is in the public interest.
THE TRIBUNAL ORDERS that the settlement is approved and the draft Zoning By-law
Amendment is approved in principle in accordance with Attachment 1 to this Order;
The Tribunal withholds issuance of its final Order for the ZBA Appeal until the Tribunal is advised that:
- the final form and content of the draft Zoning Bylaw Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
b. the Applicant has submitted revised architectural and landscape plans, and sun/shadow and wind studies to the satisfaction of the Chief Planner and Executive Director, City Planning;
c. the Applicant has revised the Functional Servicing and Stormwater Management Report, Hydrogeological Report, Hydrological Review Summary, and Groundwater Summary to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
d. the Applicant 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 the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development; in requiring any off site municipal infrastructure upgrades, the Applicant is to make satisfactory arrangements with Engineering and Construction Services for Work on the City's Right-of-Way;
e. the Applicant has submitted an updated Transportation Impact Study to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;
f. the Applicant has submitted a revised Transportation Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, and that such matters be secured if required;
g. the Applicant 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 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
h. the Applicant has provided a revised draft Plan of Subdivision, as necessary, to the satisfaction of the Chief Planner and Executive Director, City Planning; and
i. the Applicant incorporate physical improvements arising from the recommendations from the Noise and Vibration Study prepared by RWDI, dated December 5, 2022 into the architectural plans, to the extent possible.
AND THE TRIBUNAL FURTHER ORDERS that it may be spoken to in the event some matter should arise in connection with the implementation of this Order.
“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.
ATTACHMENT 1```