Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 27, 2025
CASE NO.:
OLT-24-000440
OLT-24-000441
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2470347 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit additional height and density in an approved high-rise, mixed-use development Reference Number: 22 130626 STE 09 OZ Property Address: 1245 and 1285 Dupont Street and 213 Emerson Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-000440 OLT Lead Case No: OLT-24-000440 OLT Case Name: 2470347 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Reference Number: 22 130626 STE 09 OZ Property Address: 1245 and 1285 Dupont Street and 213 Emerson Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-24-000441 OLT Lead Case No: OLT-24-000440 OLT Case Name: 2470347 Ontario Inc. v. Toronto (City)
BEFORE:
G.A. CROSER
Tuesday, the 11th
MEMBER
day of March, 2025
THIS MATTER, in respect of the lands known municipally as 1245 and 1285 Dupont Street and 213 Emerson Avenue (“Subject Lands”) in the City of Toronto (“City”), came before the Ontario Land Tribunal (“Tribunal”) on March 11, 2025 for the consideration of an uncontested written settlement reached by the Parties;
THE TRIBUNAL upon reviewing the land use planning evidence of Melanie Hare (“Hare”) and conditions proposed by the Parties has determined that the appeals filed pursuant to subsections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, are allowed in part, with the Final Order regarding the appeals to be withheld pending the Tribunal being advised that certain conditions have been satisfied.
THE TRIBUNAL accepts the expert opinion evidence of Hare that intensification of the Subject Lands is appropriate and supported by the applicable policy framework. That the height and massing of the settlement proposal is contextually appropriate and will fit with the existing and planned context. The settlement supports the creation of a complete community by providing a mix of land uses including residential, retail, office, community services and parks and open spaces, which is supported by various transportation options;
THE TRIBUNAL FINDS that the applications are consistent with the Provincial Planning Statement, 2024, conforms with the City’s Official Plan, conforms with the general intent of Site-Specific Official Plan Amendment 415, and has appropriate regard for the City’s Tall Building Design Guidelines, the Galleria Urban Design Guidelines, and the City’s Growing Up Guidelines. The unit mix proposed by the settlement provides 47% of the residential units as larger units, with 27% of all units being two-bedroom units and 10% as three-bedroom units. The proposed height of the buildings maintains appropriate transitions to the existing neighbourhoods to the west, east and south. The height and density will not cast net-new shadows on nearby parks and open spaces, with building design setbacks that will reduce the visual impact of the building and reduce negative wind impacts.
THE TRIBUNAL ORDERS that the appeals are allowed on an interim basis, contingent upon receipt of those pre-requisite matters as identified below, and that the draft Official Plan Amendment and draft Zoning By-law Amendment to City of Toronto Zoning By-law 569-2013, as amended, set out in Attachments “1” and “2” to this Interim Order are hereby approved in principle.
THE TRIBUNAL FURTHER ORDERS that issuance of the Final Order is withheld contingent upon confirmation from the City of Toronto of the following pre-requisite matters:
The Parties shall submit to the Tribunal, on consent, the final form of the Official Plan Amendment and Zoning By-law Amendment necessary to facilitate the Settlement Proposal.
The Tribunal shall be in receipt of confirmation from the City of Toronto that the owner has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, which includes confirmation of water, sanitary, and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;
The Tribunal shall be in receipt of confirmation from the City of Toronto that the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Functional Servicing and Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
The Tribunal shall be in receipt of confirmation from the City of Toronto that the owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Executive Director, Development Review, with any required wind mitigation measures to be secured through the Site Plan approval process;
The Tribunal shall be in receipt of confirmation from the City of Toronto that the owner has provided an updated Transportation Demand Management Plan to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services; and
The Tribunal shall be in receipt of confirmation from the City of Toronto that an Amending Section 37 Agreement satisfactory to the Executive Director, Development Review, and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing, as a community benefit, an additional thirty-two (32) affordable rental housing units in the aggregate will be located on Development Block 3, which will have an updated definition of affordable rental housing as defined in the City's Official Plan, with an affordability period of forty (40) years.
“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.