41-Storey Tower Settlement Moves Forward

Summary#

City Council gave direction to the City Solicitor on how to handle an Ontario Land Tribunal (OLT) appeal for a redevelopment at 5238 Dundas Street West and 28 Jopling Avenue South. Council adopted confidential recommendations and released parts of the settlement materials, including revised plans from the developer. The goal appears to be to settle the appeal, refine the building design, and secure conditions on studies, services, and parkland before final approval.

Key points:

• Main change: Move from full opposition at the OLT to a settlement framework based on revised plans for a 41‑storey mixed‑use tower with ground‑floor retail.
• The revised design lowers the tower floor plate, adds bigger podium stepbacks, and sets the roof height at about 126.8 metres (with a mechanical penthouse above).
• A 300 square metre piece of land will be dedicated to the City for a public park on the north side of an unopened road, allowing a possible future linear park between Jopling Avenue South and Aukland Road.
• Minimum amenity space set at 4.0 square metres per unit (2.0 indoor and 2.0 outdoor).
• The OLT’s final order would be withheld until technical studies are updated and accepted (servicing, stormwater, traffic, wind, noise, electromagnetic fields), and zoning/by-law wording is finalized. A holding (H) symbol may be used until any needed infrastructure upgrades are secured.

What it means for you#

• Nearby residents

  • If the settlement is finalized at the OLT, expect a 41‑storey building with retail at street level on Dundas Street West.
  • A new small public park (about 300 m²) would be added next to an unopened road allowance, with the option for the City to extend a park connection toward Aukland Road in the future.
  • Traffic, wind, noise, and servicing impacts must be studied and addressed before final approvals; this could mean design tweaks or infrastructure work.
  • Construction would happen later, after the OLT issues its order and site plan approval; timing is not stated.

• Future residents of the building

  • The plans include both indoor and outdoor amenity space, at least 4.0 m² per home in total.
  • Ground‑floor retail would provide nearby shops or services.
  • The revised plans provided do not clearly state the final number of units. (The original application proposed 475 homes.)

• Park users

  • A small addition to public parkland would be secured on site. The letter points to a potential future expanded park connection across the block, but that expansion is not guaranteed by this decision.

• Local businesses

  • About 380 m² of new ground‑floor retail is planned, which could add storefront activity on Dundas Street West.

• Taxpayers

  • Council’s report says adopting the confidential recommendations does not add costs beyond the current budget.
  • Some technical peer reviews are at the owner’s expense.

Expenses#

Estimated public cost: the City says no additional cost beyond the current year’s approved budget.

• Developer responsibilities:
  • Provide and fund updated technical studies (e.g., servicing, stormwater, transportation, wind).
  • Pay for a third‑party peer review of the noise study.
  • Address tree protection and urban forestry issues.
• Possible infrastructure upgrades:
  • If studies show upgrades are needed, a holding (H) in the zoning may apply until the owner signs agreements and posts financial security to deliver those upgrades.
• Parkland:
  • The 300 m² land dedication satisfies the owner’s parkland duty for this site; any City cost to design/build the park space is not detailed.
• Other:
  • No further budget or cost figures are provided.

Proponents' View#

• The decision appears intended to settle an active OLT appeal and avoid a lengthy hearing by agreeing to revised plans and clear conditions.
• The revised design could reduce impacts through:
  • a smaller tower floor plate,
  • larger podium stepbacks,
  • and defined amenity space per unit.
• Securing a 300 m² parkland dedication on site could improve local public space and open the door to a longer future park connection.
• Requiring updated studies (servicing, traffic, wind, noise, EMF) before the final OLT order could improve safety, capacity planning, and comfort.
• A settlement could speed up housing delivery compared to fighting the appeal, while still shaping the project to City standards.

Opponents' View#

• Height and scale: A 41‑storey tower may still feel too tall or dense for nearby homes, even with a smaller floor plate and stepbacks.
• Uncertainty: Key matters (traffic, servicing capacity, wind, noise) are to be finalized later through studies; it is unclear now what upgrades or changes will be required.
• Infrastructure risk: The need for a possible holding (H) suggests municipal services or roads may need upgrades; who pays and when those happen could affect timing and neighbors.
• Park size: The 300 m² park dedication is modest relative to the likely number of new residents; the broader “potential” park connection is not guaranteed by this decision.
• Housing details: The material provided does not mention affordable housing, unit mix targets, or other community benefits, so it is unclear how broader housing needs are addressed.