Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 15, 2022
CASE NO(S).: OLT-22-002453 (Formerly PL200186)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Multiple Appellants
Subject: Proposed Official Plan Amendment No. 486 King Spadina Secondary Plan
Municipality: City of Toronto
OLT Case No.: OLT-22-002453
Legacy Case No.: PL200186
OLT Lead Case No.: OLT-22-002453
Legacy File No.: PL200186
OLT Case Name: Adelaide Nelson Residences LP v. Toronto (City)
Heard: August 8, 2022 by video hearing
APPEARANCES
Parties
Counsel
City of Toronto
Daniel Elmadany
Gabe Szobel
Kingsett Capital Inc.
Meaghan Barrett
Eileen Costello (in absentia)
Allied Properties REIT
Meaghan Barrett
Eileen Costello (in absentia)
Capital Buildings Properties Inc.
Meaghan Barrett
Eileen Costello (in absentia)
Lamb Development Corp.
Meaghan Barrett
Eileen Costello (in absentia)
Hullmark Sun Life (545 King) LP
Meaghan Barrett
Eileen Costello (in absentia)
Oxford Properties Group Inc.
Julie Lesage
Piper Morley (in absentia)
Pitman Patterson (in absentia)
IRIS International Inc.; and
Balmain Operators Inc.
Andrew Jeanrie
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON AUGUST 8, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The City of Toronto (“City”) adopted Official Plan Amendment No. 486 (“OPA 486”) on January 29, 2020, which is referred to as the King Spadina Secondary Plan (“KSSP”).
2Multiple appeals were filed, and as a result of several Case Management Conferences and a written motion Hearing, a number of Parties were added to the appeal, and a number of Appellants’ appeals were adjourned sine die.
3The result is that this case has 8 Parties, 7 of which are Appellants.
4The purpose of this Case Management Conference is to update the Tribunal on a revised Procedural Order and Issues List, submit a revised Hearing Plan and schedule the Hearing of the Merits.
SITE AND SURROUNDING AREA
5The King-Spadina Secondary Plan Area forms the western edge of the Downtown and is bounded by Bathurst Street on the west, the properties fronting the north side of Richmond Street West on the north, Simcoe Street on the east up to King Street West and John Street up to Front Street West, Front Street West on the south side with the exception of the area between Simcoe and John streets where the south boundary is King Street West and the area between Draper Street and Spadina Avenue where the south boundary is Wellington Street West.
6The King-Spadina area is surrounded by the Queen Street Heritage Conservation District (HCD) on the north, the Financial District on the east and partially on the south, the Railway Lands East, Central and West Secondary Plan Areas as well as the Garrison Common North Secondary Plan Area.
7The King-Spadina Secondary Plan area is divided into three Precincts, with each area reinforcing and respecting the historical development and surrounding context of the Precinct:
West Precinct – covers the King-Spadina Secondary Plan area west of Spadina Avenue, exclusive of the Spadina Precinct. This Precinct has a distinct character defined by its historic buildings, historic parks and lower-scale of development than the East Precinct. Consistent with the Downtown Plan, properties in this Precinct are designated Mixed-Use Areas 2 – Intermediate. Two parks in this area, Victoria Memorial Square and St. Andrew's Playground, are designated Parks in the Official Plan.
Spadina Precinct – covers both sides of Spadina Avenue between the north side of Clarence Square on the south and properties fronting the south side of Richmond Street West in the north. Development is planned to be generally mid- rise in scale, informed by the width of the Spadina Avenue right-of-way. Consistent with the Downtown Plan, properties in this Precinct are designated Mixed-Use Areas 3 – Main Street.
East Precinct – covers the King-Spadina Secondary Plan area east of Spadina Avenue, exclusive of the Spadina Precinct. The tallest buildings in the King- Spadina Secondary Plan area are planned to be located in the eastern portion of the East Precinct. Consistent with the Downtown Plan, properties in this Precinct are designated Mixed-Use Areas 1 – Growth with the exception of the properties fronting Richmond Street West and surrounding Clarence Square which, also consistent with the Downtown Plan, are designated Mixed Use Areas 2. The properties on the east side of Spadina Avenue north of Richmond Street West and on both sides of Spadina Avenue, from the north side of Clarence Square are also designated Mixed Use Areas 2. Clarence Square itself is designated Parks in the Official Plan.
OPPRTUNITIES FOR SETTLEMENT
8The Parties advised that they have previously participated in Tribunal-led mediation, which has resulted in several of the issues being resolved up to this point. The Parties are open to further discussion regarding settlement but advised that settlement opportunities have most likely been exhausted.
FUTURE SCHEDULING
Case Management Conference
9A further Case Management Conference has been scheduled for Monday, October 24, 2022, at 10:00 a.m. by video hearing. The Parties are directed to jointly provide the Procedural Order, Issues List and a revised Hearing Plan by Thursday, October 20, 2022, ready for review by the Tribunal in advance of the next Case Management Conference.
10Parties are asked to log into the video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/719383509
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 719-383-509
11Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: https://app.gotomeeting.com/home.html
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
Merit Hearing
14A twelve-day Hearing has been scheduled to start on Monday, August 14, 2023 at 10:00 a.m. by video hearing.
15Parties are asked to log into the video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 927-921-077
16Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: https://app.gotomeeting.com/home.html
17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
18Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
19The next Case Management Conference is scheduled to proceed by video hearing on Monday, October 24, 2022, at 10:00 a.m.
20The Merit Hearing is scheduled to proceed by video hearing on Monday, August 14, 2023, at 10:00 a.m. for twelve days.
21The Member is not seized, however, may assist with case management, schedules permitting.
22No further notice will be given.
“T. Prevedel”
T. PREVEDEL
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.