Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 19, 2022

CASE NO(S).: OLT-22-002190 (Formerly PL151075)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: GCD Trustee Limited

Appellant: RioCan Holdings (GTA Marketplace) Inc.

Subject: Proposed Official Plan Amendment No. 324

Municipality: City of Toronto

OLT Case No.: OLT-22-002190

Legacy Case No.: PL151072

OLT Case Name: GCD Trustee Limited v. Build Toronto

Heard: March 14, 2022 by video hearing

APPEARANCES:

Parties	Counsel
City of Toronto	Mark Crawford
RioCan Holdings Inc.	Joel Farber
GCD Trustee Limited	Amylee Hu-Fauye (student at law)

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON MARCH 14, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Ontario Land Tribunal (the “Tribunal”) is an appeal filed by RioCan Holdings Inc. and GCD Trustee Limited (the “Appellants”) under s. 17(24) of the Planning Act (“Act”) regarding the Proposed Official Plan Amendment No. 324 .

2This is scheduled as a five (5) day hearing to which was converted into a Settlement Hearing.

3The Tribunal qualified and affirmed the Appellant’s Planner Andrew Ferancik to provide expert land use planning evidence. A Joint book of Document was accepted and marked as Exhibit No. 1. Mr. Ferancik’s testimony was uncontested.

Subject Area

4The Tribunal heard the area is a former road allowance, located east of the intersection of Gerrard Street East and Victoria Park Avenue. The Subject Site fronts the north side of Gerrard Street East, with approximately 20 metres (“m”) of frontage, opposite Blantyre Avenue, and extends northwards into the Birchcliff Quarry Lands.

5The Subject Site is generally flat, currently vacant and supports a variety of trees and other planting. Much of the Subject Site is also located at a lower elevation than the abutting RioCan Victoria Crossing property or the abutting property at 2498 Gerrard Street East, forming a depression in the topography.

6The RioCan Victoria Crossing property abuts the Subject Site to the west, and is occupied by a commercial plaza, composed of two single-storey buildings, housing a grocery store, restaurants, and other retail tenants. The lot line condition of the RioCan Victoria Crossing property to the Subject Site is characterized by loading dock facilities for the grocery store tenant, surface parking areas, and a driveway oriented north-to-south and accessed from Gerrard Street East. A narrow strip of grass provides a landscaped edge to the property line.

7Gerrard Street East abuts the Subject Site to the south and the existing Blantyre Avenue right-of-way is located on the south side of Gerrard Street East. South of Gerrard Street East, an existing low-rise residential neighbourhood extends towards Kingston Road.

8The Birchcliff Quarry Lands abut the Subject Site to the north and are currently vacant, with residual soil storage located within. The Birchcliff Quarry Lands are also the subject of construction activities associated with the CreateTO Applications (see below), namely the construction of the Musgrave Street extension right-of-way along the north side of the Subject Site and RioCan Victoria Crossing property.

9Further north lies the CN/Metrolinx Lakeshore East Rail Corridor, with additional higher density residential, commercial and light industrial uses concentrated near Danforth Avenue. The Toronto Transit Commission’s (the “TTC”) Victoria Park Subway Station is located north of Danforth Avenue.

Road ad Transit Network

10The Tribunal heard, Victoria Park Avenue and Gerrard Street East are classified by the City of Toronto as Major and Minor Arterial Roads respectively and provide the primary vehicular access to the Subject Site. Oriented north-south, Victoria Park Avenue provides connections from the waterfront to York Region. Oriented east-west, Gerrard Street East provides connections from Warden Avenue to Downtown Toronto. The Local Streets network provides access to homes and schools within the surrounding neighbourhoods.

11Public transit services are provided by the TTC bus and subway network. Route 12 provides frequent bus service along Victoria Park Avenue connecting north to Victoria Park Subway Station and south to the Bingham Loop terminal of the 503 streetcar and 22 bus routes at Kingston Road. The Route 135 bus service along Gerrard Street East provides connections to Warden Subway Station and Main Street Subway and GO Transit Stations and the respective intersecting bus and streetcar routes.

12Victoria Park Subway Station is located approximately 750 m north of the Subject Site and provides rapid service along the TTC’s Line 2 Subway to city-wide and regional destinations and interchanges.

Adjacent Site Development

13The Tribunal was informed that following the Council approval of the Build Toronto Applications in 2015 and subsequent appeal of Proposed Official Plan Amendment No 324 (“OPA 324”) by RioCan, revisions to the proposed development for the Birchcliff Quarry Lands were undertaken by CreateTO, in collaboration with their development partners. Revised development applications (the “CreateTO Applications”) were approved by City Council on July 24, 2021 and includes 1,052 residential units, 120 of which are affordable rental or ownership units, within five (5) apartment buildings and four (4) townhouse blocks. Community space and grade-related commercial space is also to be provided, along with an expanded parks and open space system. A new public school may also be located in the eastern most portion of the block, pending a determination by the Toronto District School Board.

14The planned extension of Musgrave Street eastward through the CreateTO Applications site is retained from the previous Build Toronto Applications and is to be achieved through a land exchange with RioCan along the northern edge of the RioCan Victoria Crossing property. The City Planning final staff report, dated June 4, 2021, recommending approval of the CreateTO Applications confirms that the Musgrave Street extension is the only public road necessary to service the development.

15The same report confirms that the extension of Blantyre Avenue to the Musgrave Street extension upon the Subject Site represents a future opportunity for an additional connection with the street network, facilitated through resolution of the appeal of Proposed OPA 324, and recognized the adjacent development sites at the RioCan Victoria Crossing property and the gas station at 2498 Gerrard Street East.

Proposed Official Plan Amendment 324

16The proposed OPA 324 comprised an amendment to the City of Toronto Official Plan to add the following to Schedule 2. The Designation of Planned but Unbuilt Roads;

Street Name From To

Blantyre Avenue Gerrard St. East Musgrave St. Extension

Proposed Site and Area Specific Policy (“SASP”)

17The Tribunal heard that at its meeting on February 2-3, 2022, City Council adopted a settlement with RioCan with respect to Proposed OPA 324. The settlement offer proposed to change Proposed OPA 324 from an amendment to Schedule 2 of the Official Plan to a Site and Area Specific Policy in the Official Plan (the “Proposed SASP") that would apply to the Subject Site.

18The Proposed SASP comprises the following policies for the Subject Site: A public street connection will not be required with a future development at 2480 to 2490 Gerrard Street East if a public street connection between Gerrard Street East and the planned Musgrave Street extension has been created or secured with any future development of the properties at 2498 to 2500 Gerrard Street East.

Planning Opinion

19The Subject Site is subject to provincial and municipal planning policies and zoning regulations contained in the following statutory planning documents:

• Planning Act, R.S.O. 1990, c. P.13

• Provincial Policy Statement, 2020 5

• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, as amended

• City of Toronto Official Plan

• Former City of Scarborough Birchcliff Community Zoning By-law 8786

[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)

20Mr. Ferancik informed the Tribunal upon review of the Proposed SASP, he considered the matters of provincial interest in Section 2 of the Planning Act.

21Mr. Ferancik elaborated on specific matters that are particularly relevant in the consideration of the Proposed SASP:

f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;

h) the orderly development of safe and healthy communities;

n) the resolution of planning conflicts involving public and private interests;

p) the appropriate location of growth and development;

q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians;

r) the promotion of built form that,

• is well-designed,

• encourages a sense of place, and

• provides for public spaces that are of high quality, safe, accessible, attractive and vibrant;

s) the mitigation of greenhouse gas emissions and adaptation to a changing climate.

22Mr. Ferancik opined;

• in regards to matter (f), the Proposed SASP provides for the adequate provision of appropriate transportation infrastructure on the Subject Site to be considered comprehensively with any adjacent redevelopment.

• in regards matter (h), the Proposed SASP provides policy direction to ensure the orderly development of the area through specific consideration of the appropriate public street connection to be developed on the Subject Site.

• in regards to matter (n), the Proposed SASP is a result of a settlement between RioCan and the City to resolve the appeal of OPA 324 in a mutually beneficial manner and results in good planning.

• in regards to matter (p), the Proposed SASP recognizes the adjacent sites, which are designated Mixed Use Areas in the Official Plan, as future appropriate locations for growth 6 and development while ensuring that appropriate public street connections are provided in conjunction with redevelopment.

• in regards to matter (q), the Proposed SASP recognizes the need for a publicly accessible connection on the Subject Site but provides for consideration that, at the time of comprehensive redevelopment of the adjacent site(s) and in support of public transit in the area, consideration should be given to a pedestrian/cycling only connection to contribute to a reduction in automobile use.

• in regards to matter (r), the Proposed SASP provides for the consideration of urban design matters on the Subject Site, with a well-designed, high-quality public space providing sense of place, safety, accessibility and vibrancy to be reviewed at the time of future development applications.

• in regards to matter (s), the Proposed SASP provides for the consideration of a pedestrian/cycling only connection in support of reduced automobile use.

23Mr. Ferancik concluded that the Proposed SASP has appropriate regard for matters of provincial interest as identified in the Planning Act.

Provincial Policy Statement, 2020 (“PPS”)

24Mr. Ferancik provided that the Provincial Policy Statement strongly supports intensification within settlement areas and the delineated built up area, including the entirety of the City of Toronto, particularly where infrastructure to support growth exists or is planned.

Section 1.1.1 states that “healthy, liveable and safe communities are sustained by:

a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term;

c) avoiding development and land use patterns which may cause environmental or public health and safety concerns;

e) promoting the integration of land use planning, growth management, transitsupportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs;

g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs;

i) preparing for the regional and local impacts of a changing climate.”

25Mr. Ferancik opined the Proposed SASP promotes efficient development and land use patterns on the Subject Site and surrounding area by directing a comprehensive review of the type of public street connection that is appropriate in consideration of public health, safety and urban design matters at the time of application review. Integration of land use planning and infrastructure planning on the Subject Site to support transit-supportive development and minimize land consumption and servicing costs is also promoted. The Proposed SASP seeks to ensure that the necessary public infrastructure is planned for to meet the needs of the Subject Site and surrounding area at the time of comprehensive development, and this may include pedestrian/cycling only connections and open spaces to contribute to addressing the impacts of climate change.

Section 1.1.3.1 of the PPS recognizes that “settlement areas shall be the focus of growth and development” and Section 1.1.3.2 states that “land use patterns within settlement areas shall be based on densities and a mix of land uses which:

• efficiently use land and resources;

• are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion;

• minimize negative impacts to air quality and climate change, and promote energy efficiency;

• prepare for the impacts of a changing climate;

• support active transportation;

• are transit-supportive, where transit is planned, exists or may be developed.”

26Mr. Ferancik informed the Tribunal the Proposed SASP addresses these policies by providing for the comprehensive review of an appropriate public street connection which at the time of redevelopment will efficiently use the land, avoid unjustified public street infrastructure through flexibility of urban design matters, and minimize negative impacts to air quality and support active transportation through consideration of a pedestrian/cycling only connection if appropriate.

• Section 1.5.1 states that “healthy, active communities should be promoted by planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity."

27Mr. Ferancik opined the Proposed SASP addresses policy 1.5.1 by promoting consideration active transportation and other urban design matters in the provision of a public street connection on the Subject Site.

• Section 1.6.1 states that “infrastructure and public service facilities shall be provided in an efficient manner that prepares for the impacts of a changing climate while accommodating projected needs. Planning for infrastructure and public service facilities shall be coordinated and integrated with land use planning and growth management so that they are available to meet current and projected needs.

28Mr. Ferancik stated the Proposed SASP specifically integrates Policy 1.6.1 for the planning of the infrastructure on the Subject Site with the comprehensive redevelopment of adjacent lands, ensuring that a public street connection meets projected needs.

• Section 1.6.7.1 states that “transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods, and are appropriate to address projected needs” and Section 1.6.7.4 states that “a land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active transportation.

29Mr. Ferancik acknowledged the Proposed SASP provides for a public street connection that will address projected needs of the local area and includes consideration of a pedestrian/cycling only connection that promotes the minimization of vehicle trips and supports active transportation.

30Mr. Ferancik provided the Proposed SASP acknowledges in policy that a public street connection should be provided on the Subject Site, but prudently directs for consideration of the appropriate right-of-way width and urban design matters at the time of comprehensive redevelopment to ensure that the lands meet projected needs.

31Mr. Ferancik concluded the Proposed SASP is consistent with the Provincial Policy Statement, 2020.

A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019

32On 28 August 2020, the Province approved Amendment 1 to the Growth Plan, 2019. The Amendment relates primarily to modifying the target date from 2041 to 2051 and ensuring consistency with the PPS, 2020. It also provides for revised land needs assessment methodology for municipalities. Thus, an even higher level of future intensification will be required in appropriate areas to accommodate this increased planning horizon, which the City will need to consider in the Municipal Comprehensive Review of its Official Plan, which it has now commenced.

• Among the guiding principles in Section 1.2.1 of the Growth Plan are the following:

i) Support the achievement of complete communities that are designed to support healthy and active living and meet people’s needs for daily living throughout an entire lifetime.

ii) Improve the integration of land use planning with planning and investment in infrastructure and public service facilities, including integrated service delivery through community hubs, by all levels of government.

iii) Integrate climate change considerations into planning and managing growth such as planning for more resilient communities and infrastructure – that are adaptive to the impacts of a changing climate – and moving towards environmentally sustainable communities by incorporating approaches to reduce greenhouse gas emissions.

33Mr. Ferancik opined the Proposed SASP addresses these principles by providing for planning for a public street connection that is integrated with the comprehensive redevelopment of the adjacent lands and which may contribute to active transportation and reduced automobile use.

• Section 2.2.1.4 states that “applying the policies of this Plan will support the achievement of complete communities that … expand convenient access to a range of transportation options, including options for the safe, comfortable and convenient use of active transportation."

34Mr. Ferancik stated the Proposed SASP contributes to the expansion of a comprehensively planned transportation option on the Subject Site that incorporates active transportation.

• Section 3.2.1.1 states that “infrastructure planning, land use planning, and infrastructure investment will be co-ordinated to implement this Plan”; Section 3.2.1.2 states that “planning for new or expanded infrastructure will occur in an integrated manner, including evaluations of long-range scenario-based land use planning”; Section 3.2.2.1 states that “transportation system planning, land use planning, and transportation investment will be co-ordinated to implement this Plan”; and Section 3.2.2.2 states that “the transportation system within the GGH will be planned and managed to … offer a balance of transportation choices that reduces reliance upon the automobile and promotes transit and active transportation."

35Mr. Ferancik further opined the Proposed SASP directly addresses these policies by integrating the consideration of a public street connection on the Subject Site with the comprehensive redevelopment of adjacent lands.

36Mr. Ferancik concluded that the Proposed SASP conforms to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, as amended.

City of Toronto Official Plan

• Section 2.2 of the Official Plan provides policies with respect to integrating land use and transportation. Policy 2.2.1 states that the Official Plan “will create a better urban environment, a competitive local economy and a more socially cohesive and equitable city through the integration and coordination of transportation planning and land use planning by … developing and expanding components of the City's transit and other transportation infrastructure to support the growth objectives of this Plan; and increasing accessibility throughout the City by taking advantage of the combined travel benefits afforded by improved mobility and increased proximity."

37Mr. Ferancik provided that the Proposed SASP addresses this policy by integrating the consideration of a public street connection on the Subject Site with the comprehensive redevelopment of adjacent lands, including appropriate accessibility matters.

• Policy 2.2.3 states that “the City’s transportation network will be maintained and developed to support the growth management objectives of this Plan by:

a) protecting and developing the network of rights-of-way by:

i. acquiring over time the additional property needed to achieve the designated width. The conveyance of land for widening may be required for nominal consideration from abutting property owners as a condition of subdivision, severance, minor variance, condominium or site plan approvals;

ii. extending and altering the widths of pavement, sidewalk and other facilities as necessary within the designated rights-of-way; and

iii. giving high priority to preventative and restorative maintenance and rehabilitation of the road (pavement and sidewalk) network;

f) ensuring that streets are not closed to public use and stay within the public realm where they provide present and future access for vehicles, pedestrians and bicycles, space for utilities and services, building address, view corridors and sight lines;

h) ensuring that new streets will be provided in consideration of surrounding land uses and will contribute to the development of a connected network which provides direct and clearly understood travel routes for all transportation modes and users throughout the City and acts as a fundamental organizing element of the City's physical structure."

38Mr. Ferancik stated that the Proposed SASP is appropriate because it suitably addresses Policy 2.2.3 for the Subject Site.

39Mr. Ferancik opined;

a) With respect to a), site-specific direction is provided to comprehensively consider matters including right-of-way width, sidewalks, and other facilities as necessary.

b) With respect to f), the Proposed SASP recognizes that, although the Subject Site has longstanding status as a surplus former road allowance and is under private ownership, a public street connection should be provided with the comprehensive redevelopment of adjacent lands to provide for appropriate public realm and future access for vehicles (if deemed necessary), pedestrians, bicycles and other services.

c) With respect to h), the Proposed SASP specifically addresses this policy by considering the need and design of a public street connection on the Subject Site in conjunction with surrounding land uses.

• Policy 2.4.1 states that “Given the health benefits of physical activity, active forms of transportation will be encouraged by integrating and giving full consideration to pedestrian and cycling infrastructure in the design of all streets, neighbourhoods, major destinations, transit facilities and mobility hubs throughout the City.”

40Mr. Ferancik informed the Tribunal the consideration of pedestrian and cycling infrastructure in the design of a future public street connection is included in the Proposed SASP.

• Policy 2.4.4 states that “In targeted growth areas, planning for new development will be undertaken in the context of reducing auto dependency and the transportation demands and impacts of such new development assessed in terms of the broader social and environmental objectives of the Plan’s reurbanization strategy.

41Mr. Ferancik stated the Proposed SASP for the Subject Site, which is designated Mixed Use Areas and is a growth area, provides for consideration of public street connection to be designed with a function to reduce auto dependency.

42The Tribunal heard that at the time of the adoption of the City-initiated OPA 324 for the Subject Site on October 2, 2015, OPA 479, which amended a number of sections of the Official Plan with respect to public realm policies, had not yet been adopted by Council. The Province approved OPA 479 on September 11, 2020.

43This appeal predates OPA 479 and Mr. Ferancik’s opinions below are based on the pre-OPA 479 public realm policies.

44Mr. Ferancik stated that OPA 479 is reviewed below for context, but does not change his opinion.

• Policy 3.1.1.5 states that “City streets are significant public open spaces which connect people and places and support the development of sustainable, economically vibrant and complete communities. New and existing City streets will incorporate a Complete Streets approach and be designed to perform their diverse roles by:

a) balancing the needs and priorities of the various users and uses within the right of-way, including provision for:

i. the safe and efficient movement of pedestrians of all ages and abilities, cyclists, transit vehicles and users, goods and services vehicles, emergency vehicles, and motorists across the network;

ii. space for other street elements, such as utilities and services, trees and landscaping, green infrastructure, snow and stormwater management, wayfinding, boulevard cafes, marketing and vending, and street furniture; and

iii. ensuring the safety of vulnerable groups such as women, children, seniors and people with disabilities by implementing the Toronto Safer City Guidelines, or an updated version thereof;

b) improving the quality and convenience of active transportation options within all communities by giving full consideration to the needs of pedestrians, cyclists and public transit users;

c)reflecting differences in local context and character

d) providing building access and address, as well as amenities such as view corridors, sky view and sunlight; and

e) serving as community destinations and public gathering places.”

45Mr. Ferancik provided the opinion the Proposed SASP addresses Policy 3.1.1.5 by outlining considerations for a public street connection on the Subject Site in line with the above requirements, including the appropriate right-of-way width and urban design matters.

• Policy 3.1.1.16 states that “New streets will be designed to:

a) provide connections with adjacent neighbourhoods;

b) promote a connected grid of streets that offers safe and convenient travel options;

c) extend sight lines and view corridors;

d) divide larger sites into smaller development blocks;

e) provide access and addresses for new development;

f) allow the public to freely enter without obstruction;

g) implement the Complete Streets approach to develop a street network that balances the needs and priorities of the various users and within the right-of-way;

h) improve the visibility, access and prominence of unique natural and human-made features; and

i) provide access for emergency vehicles.”

• Policy 3.1.1.17 further states that “New streets should be public streets. Private streets, where they are appropriate, should be designed to integrate into the public realm and meet the design objectives for new streets.

46Mr. Ferancik stated the Proposed SASP addresses these policies, with the function and design of a public street connection on the Subject Site, including consideration of the appropriateness of a private street, to be confirmed at the time of review of development applications for the comprehensive redevelopment of adjacent lands.

47The Tribunal heard the Subject Site and the RioCan Victoria Crossing property are designated Mixed Use Areas in the Official Plan. Policy 4.5.1 states that “Mixed Use Areas are made up of a broad range of commercial, residential and institutional uses, in single use or mixed use buildings, as well as parks and open spaces and utilities.”

48Mr. Ferancik opined the Proposed SASP provides for a public street connection in conjunction with the future comprehensive mixed use redevelopment of the Subject Site and adjacent lands, therefore conforming to this policy.

49Mr. Ferancik concluded that the Proposed SASP conforms to the City of Toronto Official Plan.

50Further, Mr. Ferancik opined that the policies of the Official Plan as amended by OPA 479 are relevant but not determinative in the review of the Proposed SASP.

51The Proposed SASP addresses new Policies 3.1.1.1, 3.1.1.2, 3.1.1.3 and 3.1.1.4 as amended by OPA 479 by:

i. Providing for the comprehensive planning of the public realm on the Subject Site and RioCan Victoria Crossing property;

ii. Providing for a future public realm which acts as the organizing framework and setting for development, fosters a well-connected and walkable community, supports active transportation, is functional and fits within a larger network, and anticipates growth and changing needs of the local area; and

iii. Allowing for consultation in the planning, design and development of the future public street connection.

52Mr. Ferancik stated that his opinion regarding Policies 3.1.1.5, 3.1.1.16 and 3.1.1.17 (renumbered to Policies 3.1.1.6, 3.1.1.8 and 3.1.1.9 through OPA 479 and with minor amendments) remain unchanged.

53Furthermore, in his opinion, the Proposed SASP also conforms to OPA 479.

Former City of Scarborough Birchcliff Community Zoning By-law 8786

54The Tribunal heard the Subject Site is not subject to City of Toronto Zoning By-law No. 569-2013.

55The Subject Site is located in the Agricultural Holding (“AG”) Zone under Former City of Scarborough Birchcliff Community Zoning By-law No. 8786, and subject to Exception 34.

56In the AG Zone, the only permitted use is “agricultural field crops”. Under Exception 34, lands may be used and buildings erected for industrial purposes, except that no buildings or structures are permitted to process or warehouse certain chemicals identified as hazardous substances.

57Exception 34 also contains site-specific requirements for lot coverage, setbacks and parking for warehouse uses. Any comprehensive mixed use redevelopment of the Subject Site and RioCan Victoria Crossing property, in line with the Mixed Use Areas designation of the lands in the Official Plan, would require a Zoning By-law Amendment application.

Conclusion

58Mr. Ferancik opined:

1. The Proposed SASP

a. is appropriate for the Subject Site as it provides a policy framework for the inclusion of a public street connection considered and designed in conjunction with the future comprehensive redevelopment of adjacent lands.

b. takes into account the specific context of the surrounding area, including the CreateTO Applications and the RioCan Victoria Crossing property, will not result in any unacceptable adverse impacts on surrounding properties or the public realm, and will ensure the appropriate design of a future public street connection on the Subject Site.

c. is consistent with the Provincial Policy Statement, 2020, and the Growth Plan for the Greater Golden Horseshow, 2019, as it provides for the future development of an appropriate addition to the transportation network, including functional and urban design matters to encourage active transportation and reduce automobile use.

d. conforms with the City of Toronto Official Plan, including the Mixed Use Areas policies, by integrating the consideration of a public street connection on the Subject Site with the comprehensive mixed use redevelopment of adjacent lands, including the provision of appropriate public realm design and future access for vehicles (if deemed necessary), pedestrians, bicycles and other services.

59The Proposed SASP is appropriate for the Subject Site, is consistent with/conforms to all relevant Provincial and Municipal policy, represents good planning, and warrants approval by the Tribunal.

DECISION

60In adjudicating these appeals, the Tribunal must have regard to matters of provincial interest enumerated in s. 2 of the Act (including but not limited to: the orderly development of safe and healthy communities; adequate provision of a full range of housing and appropriate location of growth and development). As well, the Tribunal must be convinced that the Revised Proposal is consistent with the PPS. The Tribunal must also find that the Revised Proposal conforms with policies of the City’s OP and represents good land use planning in the public interest.

61The Tribunal, having reviewed all evidence provided and having heard the opinion of Mr. Ferancik, accepts the uncontroverted expert land-use planning evidence provided by the witness.

62The Tribunal finds that the proposed planning instrument, has appropriate regard for the matters of Provincial Interest. The Tribunal also finds that OPA 324 as, now modified as a Site and Area Specific Policy in the Official Plan, is consistent with the PPS, conforms to the GP, conforms to the relevant policies of the City’s OP as it will be amended, and represents good land-use planning and is in the public interest.

ORDER

63THE TRIBUNAL ORDERS that the appeal is allowed in part and Orders that Amendment No. 324 to the Official Plan for the City of Toronto is modified as per the modifications listed in the body of this decision and as set out in Attachment 1. The Tribunal Orders that Amendment No. 324 to the Official Plan is approved as modified.

“Carmine Tucci”

CARMINE TUCCI

MEMBER

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.