Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 29, 2023

CASE NO(S).: OLT-22-002046 (Formerly PL200629)

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

Appellant: 1488 Queen Street West Inc. Appellant: 2090416 Ontario Inc. et al Appellant: 835 Queen West Inc. Appellant: B & C Ltd.; and others Subject: Proposed Official Plan Amendment No. OPA 445 Municipality: City of Toronto OLT Case No.: OLT-22-002046 Legacy Case No.: PL200629 OLT Lead Case No.: OLT-22-002046 Legacy Lead Case No.: PL200629 OLT Case Name: 1488 Queen Street West Inc. v. Toronto (City)

Heard: November 10, 2023 by video hearing

APPEARANCES:

Parties	Counsel*/Representative
City of Toronto	Matthew Longo Daniel Elmadany
Queen and Brock Holdings Inc. Hullmark Developments Ltd. 835 Queen West Inc. Benjamin Woolfit B & C Ltd. IG Woolf Textiles Ltd. 2090416 Ontario Inc. et al	Laura Dean Eileen Costello, in absentia Sidonia Tomasella, in absentia
BSAR (Queen) and Queen Street Post Inc.	Daniel Angelucci Michael Foderick, in absentia
High Rhodes Inc. Jameson Plaza Ltd.	David Bronskill

MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON NOVEMBER 10, 2023, AND ORDER OF THE TRIBUNAL

Link to the Order

INTRODUCTION AND BACKGROUND

1This decision and order arises out of a motion brought by the City of Toronto (“City”) for an order approving Official Plan Amendment No. 445, as modified (“Modified OPA 445”), with the exception of one appeal which will remain on site and policy specific basis.

2On September 30, 2020, City Council adopted OPA 445 (“Original OPA 445”) and on October 30, 2020, enacted By-law No. 915-2020, to adopt Original OPA 445 to establish the policy framework for the West Queen West area. Original OPA 445 proposed to introduce a new Site and Area Specific Policy No. 566 (“SASP 566”) describing a policy direction for the properties fronting on Queen Street West from Bathurst Street to the east and Roncesvalles Avenue to the west, excluding Trinity Bellwoods Park and the Centre for Addiction and Mental Health lands located on the south side of Queen Street from Paul E. Garfinkel Park to Shaw Street.

3Queen Street West within the SASP 566 area is significant for a number of reasons, including a large concentration of heritage buildings along both sides of the street and several important community facilities such as Trinity Bellwoods Park and the Centre for Addiction and Mental Health. It is also located in an area of the City that is a prime location for development and is undergoing pressure for growth and change.

4The SASP 566 area is divided into two distinct areas: West Queen West and Parkdale Main Street. The West Queen West area extends from Bathurst Street to the east to Dufferin Street to the west and is predominantly characterized by two to four-storey mixed-use buildings. The Parkdale Main Street area extends from Dufferin Street to the east to Roncesvalles Avenue to the west and is predominantly characterized by two to four-storey commercial mixed-use buildings.

5Sixteen appeals of the City’s decision to adopt Original OPA 445 were filed pursuant to s. 17(24) of the Planning Act R.S.O 1990 c. P.13, as amended (“Planning Act”). At the third Case Management Conference, the Tribunal scheduled a 15-day merit hearing which was to commence October 23, 2023. Numerous mediations and discussions took place between the City and the Appellants which resulted in the resolution of all appeals, with the exception of one appeal, which remains on site and policy-specific basis.

6The Tribunal converted the merit hearing to a one-day Settlement Hearing which was held by video on Friday, November 10, 2023.

EVIDENCE AND SUBMISSIONS

7The Tribunal entered the City’s Motion Record as Exhibit 1 and the City’s Visual Evidence as Exhibit 2 to the Settlement Hearing. The Tribunal qualified John Duncan, a Registered Professional Planner, to provide opinion evidence in the area of land use planning. Mr. Duncan prepared an Affidavit in support of the Settlement which was filed as Tab 2 to Exhibit 1.

8At the commencement of the Settlement Hearing, the Tribunal requested clarification regarding the appeal of Queen Street Post Inc. relating to the land municipally known as 1117 Queen Street West. Counsel for the City explained that Queen Street Post Inc. became involved in the proceedings as a Party, not as an Appellant. Prior to the Parties reaching a Settlement, Queen Street Post Inc. had reached an agreement with the City to adjourn its appeal sine die as a result of site-specific applications which it intended to file with the City in the near future. Pursuant to Rule 8.3 of the Tribunal’s Rules of Practice and Procedure, as a Non-Appellant Party, Queen Street Post Inc. is required to shelter under issues raised by an Appellant Party. As a result of the Settlement, there are no remaining issues for Queen Street Post Inc. to shelter under, nor can its appeal be adjourned sine die. As such, the Parties are requesting that the Tribunal’s Order be without prejudice to the site-specific application for the land municipally known as 1117 Queen Street West with respect to the application of policies 2.2.2, 2.2.4, 3.5.1, 5.1, 5.2, 5.3, 5.4, 5.5, 5.8, 5.9, 6.1, 6.2.2, 6.2.3, 6.2.9, 6.5, 8.2.1, and 8.2.2 in order for the City to respect the arrangement reached with Queen Street Post Inc.

9Briefly summarized, the Settlement Proposal modified the Original OPA 445 as follows:

a. Transportation Policies: Deletion of parking requirements as they were redundant with the approval of By-laws No. 89-2022 and 1048-2022.

b. Heritage Policies: Clarification and scoping of ss. 1, 2, 5 and 11 relating to the area’s historical character and approaches for the conservation of cultural heritage resources which can be addressed through the City of Toronto Official Plan’s (“Official Plan”) heritage conservation policies or through Heritage Conservation District Plans and heritage permit processes.

c. Public Realm Policies: Clarification of ss. 3 and 10 relating to public realm enhancements in boulevard spaces, public lanes and street art.

d. Built Form Policies: Clarification of the applicability of certain policies in ss. 1, 2, 5, 6 and 8 and how the existing character is described in addition to providing additional flexibility in implementation.

e. Site-Specific Development Criteria: Revision of s. 6 to incorporate policies guiding identification of sites that differ in terms of location, adjacencies or lot characteristics from the prevailing context within the SASP 566 area.

f. Site-Specific Development Criteria – West Queen West Triangle: The addition of policy 6.5 which applies to lands fronting on the south side of Queen Street West between Sudbury Street and Dovercourt Road currently designated Regeneration Areas.

g. Residential Uses and Commercial Uses: Revision of ss. 7 and 8 relating to the types of street-level uses and spaces along the Queen Street West frontage.

h. General Changes: Minor clarifications and deletion of outdated references.

10Mr. Duncan opined that Modified OPA 445 has regard for matters of provincial interest as set out in s. 2 of the Planning Act. In his written Affidavit, he highlighted, among other things, that Modified OPA 445 establishes a planning framework that is supportive of the provision of a full range of housing, including affordable housing, while giving consideration to the physical and cultural characteristics of Queen Street West as a historical main street.

11Mr. Duncan opined that Modified OPA 445 is consistent with the Provincial Policy Statement, 2020 (“PPS”) and contributes to the achievement of a healthy, livable and safe community through the provision of built-form principles that are in keeping with the local context. In his thorough review of the PPS, he noted policy 4.6 of the PPS which acknowledges that the Official Plan is the most important vehicle for implementing the PPS. It was Mr. Duncan’s opinion that Modified OPA 445 complements the policies of the Official Plan and builds on the existing policies guiding the development of Avenues, built-form and heritage conservation to provide an up-to-date and long-term framework for the SASP 566 area.

12Mr. Duncan reviewed the direction provided by A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) (“Growth Plan”) in relation to Modified OPA 445. Mr. Duncan focused on policies relating to “Where and How to Grow” set out in c. 2 of the Growth Plan and concluded that Modified OPA 445 conforms:

…by creating a long-term planning framework that plans for growth in the SASP Area that is appropriate to its existing and planned context and available facilities, and recognizes its historical development, thereby helping achieve complete communities, the efficient use of land and infrastructure, and the integration of land use planning with planning for investments in public infrastructure and services.

13Mr. Duncan opined that Modified OPA 445 provides appropriate and clear policy direction which is supportive of commercial and cultural uses and is contextually appropriate for this area of the City.

14Mr. Duncan provided a detailed review of the Official Plan noting that the SASP 566 area is adjacent to or overlaps several other SASPs identified in the Official Plan, and he opined that Modified OPA 445 is consistent with or does not conflict with the policies set out in the other SASPs. The majority of the lands affected by Modified OPA 445 are located along an identified Avenue on Map 2 of the Official Plan and are predominantly designated Mixed-Use Areas, with some Regeneration Areas and General Employment Areas on Map 18 of the Official Plan. In his written Affidavit, Mr. Duncan provided a detailed review of the ways in which Modified OPA 445 implements and promotes the direction of the policies in the Official Plan to provide for a long-term vision for the SASP 566 area. It was Mr. Duncan’s opinion that Modified OPA 445 incorporates a built-form framework that is designed to look at what the existing community values and ensures that what is valued is protected and enhanced. Modified OPA 445 is consistent with the general intent of the Official Plan and all relevant secondary plans.

15Mr. Duncan testified that Original OPA 445 met the policy tests but raised issues for the Appellants. It was his opinion that Modified OPA 445 addresses these issues while continuing to achieve the objectives set out by the City Council. In summary, Mr. Duncan opined that Modified OPA 445 reflects the City’s objective for redeveloping Avenues and the integrated approach aligns with the provincial policy documents and the Official Plan. He noted that Modified OPA 445 provides very clear guidance that will minimize future land conflicts by protecting commercial and residential uses that currently exist and ensure that this area of the City continues to be a place to live and work.

ANALYSIS AND DISPOSITION

16Based upon the uncontroverted land use planning testimony and affirmed Affidavit of Mr. Duncan, the Tribunal is satisfied that Modified OPA 445 satisfies all requisite legislative tests, is in the public interest and represents good planning. Accordingly, the Tribunal approves Modified OPA 445 as set out in Schedule 1 to this Order.

17The Tribunal accepts the opinions proffered by Mr. Duncan and finds that Modified OPA 445 will facilitate appropriate redevelopment, assist in achieving complete communities that are supportive of healthy and active living, is supportive of transit and active transportation and will provide for a range and mix of housing types. In addition, the conservation and promotion of cultural heritage resources will be supported by Modified OPA 445.

18With respect to the West Queen West and Parkdale Mainstreet areas, Modified OPA 445 provides consistent guidance for development which will reinforce the existing main street character and sense of place.

19The Tribunal agrees with Mr. Duncan that Modified OPA 445 is aligned with the principles, vision and objectives of the Official Plan while taking into consideration other Site and Area Specific Policies and Secondary Plans in the surrounding area.

20After hearing the submissions of the Parties, the Tribunal agrees that it is appropriate to adjourn the appeal of Jameson Plaza Ltd. sine die on a site and policy-specific basis. The Tribunal directs counsel for the City and Jameson Plaza Ltd. to provide an email status update to the Case Coordinator on or before May 10, 2024, with respect to the status of the Jameson Plaza Ltd. Appeal.

ORDER

21THE TRIBUNAL ORDERS that the appeals are allowed in part and orders that Official Plan Amendment No. 445 of the City of Toronto is modified as follows:

a. The un-highlighted sections, policies and all maps of the Official Plan Amendment No. 445 to the City of Toronto Official Plan (“OPA 445”) contained in Schedule “1” to this Order, by operation of s. 17(27) of the Planning Act, have come into effect on December 3, 2020.

b. The purple highlighted sections and policies of OPA 445 included in Schedule “1” to this Order, came into force and effect on December 3, 2020, by operation of s. 17(27) of the Planning Act, except as those parts as appealed on a site-specific basis and adjourned in accordance with paragraph 20(d) below.

c. Pursuant to subsections 17(30), (30.1) and (50) of the Planning Act, the appeals of OPA 445 are allowed in part, and the green highlighted sections and policies of OPA 445 are hereby approved, or approved as modified, inclusive of any appeals that have been withdrawn, as set out in Schedule “1” to this Order and have come into effect on November 10, 2023, subject to the site-specific appeal for certain policies of which remain under appeal in accordance with paragraph 20(d) below.

d. The following one appeal of OPA 445 is adjourned sine die on a site and policy specific basis as set out below, and that this Decision and Order on OPA 445 is without prejudice to the disposition of such site and policy specific appeal:

Appellant	Policies Under Appeal	Municipal Address
Jameson Plaza Ltd.	2.1.3, 2.1.5, 3.1, 3.5, 3.9, 5.1, 5.3, 5.4, 5.5, 5.6, 5.7, 7.2, 7.4, 8.2.1, 8.2.2, 8.2.3, 8.3.3	1439-1455 Queen Street West

e. The remaining appeals of OPA 445 that are not subject to paragraph 20(d) above are hereby dismissed.

f. With respect to the land municipally known as 1117 Queen Street West, this Decision and Order on OPA 445 is without prejudice to the disposition of the site-specific development application for the land municipally known as 1117 Queen Street West with respect to the application of policies 2.2.2, 2.2.4, 3.5.1, 5.1, 5.2, 5.3, 5.4, 5.5, 5.8, 5.9, 6.1, 6.2.2, 6.2.3, 6.2.9, 6.5, 8.2.1 and 8.2.2.

22The Tribunal orders that the Official Plan is approved as modified.

23Counsel for the City and Jameson Plaza Ltd. shall provide an email status update to the assigned Case Coordinator on the adjourned Jameson Plaza Ltd. appeal on or before May 10, 2024.

24The Member may be spoken to should any issues arise with respect to the implementation of this Order.

“C. Hardy”

C. HARDY 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.

SCHEDULE 1