Ontario Municipal Board
Commission des affaires municipales de l’Ontario
ISSUE DATE:
August 19, 2025
CASE NO.:
OLT-21-001745
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Future Delight Investment Ltd.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the construction of a new 8 and 14 storey mixed-use building
Reference Number:
21 168610 NNY 08 OZ
Property Address:
3280 Dufferin Street and 12-16 Orfus Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-21-001745
OLT Lead Case No:
OLT-21-001745
OLT Case Name:
Future Delight Investment Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant
Future Delight Investment Ltd.
Subject:
Site Plan
Description:
To permit the construction of a new 8 and 14 storey mixed-use building
Reference Number:
22 114271 NNY 08 SA
Property Address:
3280 Dufferin Street and 12-16 Orfus Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-003303
OLT Lead Case No:
OLT-21-001745
PROCEEDING COMMENCED UNDER subsection 114(15.1) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant
Future Delight Investment Ltd.
Subject:
Site Plan
Description:
To permit the construction of a new 8 and 14 storey mixed-use building
Reference Number:
19 264594 STE 13 SA
Property Address:
3280 Dufferin Street and 12-16 Orfus Road
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-003304
OLT Lead Case No:
OLT-21-001745
BEFORE:
DAVID BROWN
Tuesday, the 19th day of
MEMBER
August, 2025
THESE MATTERS having been considered during a seven-day public hearing that commenced on January 9, 2023, and the Tribunal in its decision issued on March 14, 2023, with an amending order issued on April 15, 2023, allowed the appeal filed pursuant to subsection 34(11) of the Planning Act, in part, and approved Zoning By-law Amendment subject to conditions. The conditions included withholding the issuance of the Tribunal’s Final Order upon confirmation from the Solicitor for the City of Toronto that the conditions listed in paragraph 117 have been satisfied and the Tribunal is to be provided the final form of the Zoning By-law Amendment for approval;
AND THE TRIBUNAL having been advised by the Solicitor of the City of Toronto, that the conditions in paragraph 117 have been satisfied, with the exception of item 7, being the requirement that community benefits charges in support of the development be secured in an agreement pursuant to Section 37 of the Planning Act, which pre-requisite the parties agree will be addressed prior to the issuance of the building permit;
AND THE TRIBUNAL having received the final form of the Zoning By-law Amendment;
THE TRIBUNAL ORDERS THAT the appeal filed pursuant to subsection 34(11) of the Planning Act is allowed in part and City of Toronto By-law 569-2013 is amended as set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk of the City of Toronto to assign a number to this by-law for record keeping purposes.
In all other respects the decision remains as issued, and the Member shall remain seized of this matter for the purposes of considering the remaining Site Plan Control Area Application Appeals under subsections 114(15) and 114(15.1) of the City of Toronto Act.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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”
Authority: Ontario Land Tribunal Decision issued on March 14, 2023 and Ontario Land Tribunal Order issued on August 19, 2025 in Tribunal File OLT-21-001745
CITY OF TORONTO
BY-LAW ______-2025(OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 3280 Dufferin Street and 12-16 Orfus Road.
Whereas the Ontario Land Tribunal, by its Decision issued on March 14, 2023 and its Order issued on August 19, 2025, in respect of Tribunal File OLT-21-001745, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 3280 Dufferin Street and 12-16 Orfus Road; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and
Whereas pursuant to Section 39 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law;
The Ontario Land Tribunal Orders:
1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, as amended, Chapter 800 Definitions.
3. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: CR 1.0 (c1.0; r1.0) SS2 (x955) and OR as shown on Diagram 2 attached to this By-law.
4. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying the following Policy Area label to these lands: PA 4, as shown on Diagram 3 attached to this By-law.
5. Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying the following height and storey label to these lands: HT 10.5, ST 3, as shown on Diagram 4 attached to this By-law.
6. Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying a value of 33 percent as shown on Diagram 5 attached to this By-law.
7. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 955 so that it reads:
(955) Exception CR 955
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
Site Specific Provisions:
(A) On lands municipally known as 3280 Dufferin Street and 12-16 Orfus Road, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used, or enlarged in compliance with Regulations (B) to (Y) below;
(B) Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 184.73 metres and the elevation of the highest point of the building or structure;
(C) Clause 40.10.30.40 with respect to lot coverage does not apply;
(D) Despite regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey is as follows:
(i) for the portion of the building abutting Orfus Road, 2.9 metres; and
(ii) for the portion of the building abutting Dufferin Street; 4.5 metres;
(E) Despite regulations 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 6 of By law [Clerks to insert By-law ##];
(F) Despite regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagram 6 of By-law [Clerks to insert By-law number]; and
(i) For the purposes of this exception, a mezzanine does not constitute a storey;
(G) Despite regulations 40.5.40.10(3) to (8) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 6 of By-law [Clerks to insert By-law ##]:
(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, mechanical penthouse, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, elevator overruns, cooling towers, heating, cooling or ventilating equipment, chimneys, and vents, by a maximum of 6.3 metres;
(ii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse, by a maximum of 6.3 metres;
(iii) parapets by a maximum of 1.5 metres;
(iv) architectural features, cornices, balustrades, eaves, roof drainage, chimneys, vents, pipes, and elements and structures associated with a green roof, by a maximum of 3 metres;
(v) building maintenance units and window washing equipment, by a maximum of 6 metres;
(vi) planters, landscaping features, guard rails, fences, awnings, lightning rods, light fixtures, and divider screens on a balcony and/or terrace, by a maximum of 3 metres;
(vii) antennae, flagpoles, and satellite dishes, by a maximum of 3 metres; and
(viii) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3 metres;
(H) The provision of dwelling units is subject to the following:
(i) a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms; and
(ii) Where the calculation of the number of required dwelling units in (i) above results in a number with a fraction, the number is rounded up to the nearest whole number;
(I) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 28,640 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 28,290 square metres; and
(ii) the permitted maximum gross floor area for non-residential uses is 350 square metres;
(J) The non-residential gross floor area referred to in (I)(ii) and (iii) above, must be located on the ground floor of the building abutting Dufferin Street;
(K) Despite regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space at the following rate:
(i) at least 2.0 square metres for each dwelling unit as indoor amenity space;
(ii) at least 2.0 square metres of outdoor amenity space for each dwelling unit of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and
(iii) no more than 25 percent of the outdoor component may be a green roof;
(L) Despite regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];
(M) Despite regulation 40.10.40.80(2), the required separation of main walls are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];
(N) Despite Clause 40.10.40.60 and (L) and (M) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) decks, porches, and balconies by a maximum of 1.5 metres, with the exception of any main wall abutting Dufferin Street;
(ii) canopies and awnings by a maximum of 3.0 metres;
(iii) light fixtures, ornamental elements, access ramps, elevating devices, by a maximum of 0.7 metres;
(iv) exterior stairs and railings, by a maximum of 2.1 metres;
(v) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast by a maximum of 0.7 metres;
(vi) window projections, including bay windows and box windows by a maximum of 1.0 metres; and
(vii) eaves, dormers, air conditioners, satellite dishes, antennae, vents, pipes, flutes, piers, and pillars by a maximum of 1.0 metres;
(O) Despite Regulation 40.10.40.1(1), residential use portions of the building are permitted to be located on the same storey as non-residential use portions of the building provided:
(i) no dwelling units are permitted on the first storey in the portion of the building abutting Dufferin Street;
(P) Despite Regulation 40.10.20.20(1) a home occupation is only permitted within the five (5) dwelling units located in the first storey of a building abutting Orfus Road, subject to (Q) to (U) below;
(Q) Despite regulations 150.5.20.1(1)(A)(B) and (D), a home occupation is permitted to:
(i) Sell, rent, or lease physical goods directly from the dwelling unit;
(ii) be a personal service shop;
(iii) be an artist studio; and
(iv) be an office or medical office for a professional regulated under the Regulated Health Professions Act, 1991, S.O. 1991, c.18, as amended;
(R) Despite Regulation 150.5.20.1(2), a home occupation is permitted to have clients or customers attending the premises for:
(i) Consultations;
(ii) Receiving services; and
(iii) Obtaining physical goods;
(S) Despite regulation 150.5.20.1(3), a home occupation is permitted to have ancillary outdoor activities, services or displays;
(T) Despite regulation 150.5.20.1(6), a home occupation is permitted to have employees working in the dwelling unit who are not the business operator, provided the home occupation is located on the ground floor of the building;
(U) Despite regulation 150.5.40.40, the floor area for a home occupation may not exceed 50 percent of the total interior floor area of the dwelling unit the home occupation is located in;
(V) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
(i) A minimum of 0.41 parking spaces for each dwelling unit;
(ii) A minimum of 0.1 residential visitor parking spaces for each dwelling unit;
(iii) A minimum of 1 parking space per 100 square metres of non-residential gross floor area;
(iv) A maximum of 1.2 parking spaces for each one bedroom dwelling unit;
(v) A maximum of 1.3 parking spaces for each two bedroom dwelling unit;
(vi) A maximum of 1.6 parking spaces per unit for each three bedroom or more dwelling unit; and
(vii) A maximum of 4 parking spaces per 100 square metres of non-residential gross floor area;
(W) The side of a parking space shall be considered to be obstructed when any part of a fixed object such as, but not limited to, a wall, column, bollard, fence or pipe is situated within 0.3 metres of the side of the parking space, measured at right angles, and more than 1 metre from the front or rear of the parking space;
(X) The minimum width of a parking space shall be increased by 0.3 metres for each side of the parking space which is obstructed;
(Y) Despite Regulations 200.5.1.10(2)(A) and (D), and (X) above, a maximum of 10 percent of the parking spaces referenced in (V) above may have a minimum width of 2.6 metres, regardless of whether a fixed object or obstruction is located within 0.3 metres on one or both sides of the space, measured at right angles;
(Z) Provide a minimum of 1 Type G loading space;
(AA) The minimum dimensions of an accessible parking space are:
(i) length 5.6 metres;
(ii) height 2.0 metres;
(iii) width 3.4 metres; and
(iv) with a 1.5 metre wide shared access aisle;
(BB) Provide accessible parking spaces in accordance with the following minimum requirements:
(i) 5 accessible parking spaces plus 1 space for every 50 parking spaces in excess of 100 parking spaces;
(CC) Despite regulations 230.5.10.1(1), and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:
(i) A minimum of 0.86 bicycle parking spaces for each dwelling unit, allocated as:
(a) 0.76 "long-term" bicycle parking spaces for each dwelling unit; and
(b) 0.1 "short-term" bicycle parking spaces for each dwelling unit;
(DD) Despite Regulations 230.5.1.10(4)(A)(ii), (4)(B)(ii), (9), and (10), bicycle parking spaces must be provided and maintained in accordance with the following:
(i) Both "long-term" and "short-term" bicycle parking spaces may be provided above or below ground and in a stacked bicycle parking space;
(ii) "long-term" and "short-term" bicycle parking spaces may be located within a secured room or enclosure or unenclosed space, or bike locker or combination thereof;
(iii) "short-term" bicycle parking spaces may be located outdoors or indoors;
(iv) the minimum width of a stacked bicycle parking space is 0.4 metres; and
(v) the minimum width of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is 0.4 metres;
(EE) For the purpose of this exception:
(i) "car-share" means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and to use a car-share vehicle, a person must meet the membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable. Cars are reserved in advance and fees for use are normally based on time and /or kilometers driven and do not include use of cars on an hourly basis; and
(ii) "car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes and such car-share is for use of at least the occupants of the building;
(a) Where the calculation of the required parking spaces results in a number containing a fraction, the number must be rounded down to the nearest whole number, but in no case may there be a requirement of less than one parking space;
(b) The provision of a car-share parking space can reduce the residential parking by up to 4 parking spaces for each car-share space, up to a maximum reduction of 4 times (total number of units) divided by 60, rounded down to the nearest whole number;
Prevailing By-laws and Prevailing Sections: (None Apply)
8. None of the provisions of Zoning By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a "Construction Office/Sales Office" on the lands identified on Diagram 1 of this By-law where a "Construction Office/Sales Office" means buildings, structures, facilities or trailers, or portions thereof, used for the purpose of the administration and management of construction activity and/or for selling or leasing dwelling units and/or non-residential gross floor area on the lands to which this By-law applies, for a period of 3 years from the date this By-law comes into full force and effect, after which this temporary use permission expires.
9. Despite any existing or future conveyance, severance, partition, or division of the lot, the provisions of this By-law shall apply to the whole of the lot as if no severance, partition, or division occurred.
Ontario Land Tribunal Decision issued on March 14, 2023 and Ontario Land Tribunal Order issued on August 19, 2025 in Tribunal File OLT-21-001745
Diagram 1
Diagram 2
Diagram 3
Diagram 4
Diagram 5
Diagram 6