Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 11, 2024
CASE NO(S).: OLT-22-004277
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 955-969 Weston Road Development Limited Partnership
Appellant: CP REIT Ontario Properties Limited
Appellant: Hollis Dev LP
Appellant: KingSett Capital
Appellant: Trolleybus Urban Developments Inc.
Subject: Proposed Official Plan Amendment
Description: The purpose and effect of Official Plan Amendment 571 is to add a new Secondary Plan (Mount Dennis Secondary Plan) to the Official Plan
Reference Number: 18 161660 WET 11 OZ
Property Address: Mount Dennis Secondary Plan
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004277
OLT Lead Case No: OLT-22-004277
OLT Case Name: 955-969 Weston Road Development Limited Partnership v. Toronto (City)
Heard: October 9, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
City of Toronto
M. Lafortune M. Crawford
Hollis Dev LP
D. Angelucci
KingSett Capital Inc.
N. Mares
E. Costello (in absentia)
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
BACKGROUND
1The matter before the Tribunal is an appeal by Hollis Dev LP (“Hollis”/“Appellant”) of the decision of the City of Toronto (“City”) to adopt Official Plan Amendment 571 (“OPA 571”) which adds a new Secondary Plan, the Mount Dennis Secondary Plan (“MDSP”), to the City’s Official Plan (“OP”). OPA 571 was borne out of a review of, and recommendations for changes to, the planning framework for the Mount Dennis area in anticipation of the development of the Eglinton Cross-Town Light Rail Transit (“LRT”).
2The MDSP lands are generally bound by the Humber River, Clouston Avenue, the Canadian National Rail Line, Trethewey Drive, Keelesdale Park, Humber Boulevard, Rockcliffe Boulevard, Lambton Avenue, Jane Street and Eglinton Avenue West.
3Of the five valid appeals of OPA 571, two Appellants remain - Hollis and KingSett Capital Inc. (“KingSett”). In the fall of 2023, the remaining Appellants and the City participated in Tribunal-assisted mediation, which resulted in the drafting of a modified OPA 571, endorsed by City Council at its meeting of July 24 and 25, 2024.
4On July 31, 2024, KingSett wrote to the Tribunal to advise that, in addition to its appeal of OPA 571, it had submitted site-specific planning applications for four sites within the MDSP area (7-17 Locust Street, 1175-1181 Weston Road, 5-15 Denarda Street and 2-16 Denarda Street). KingSett requested a deferral of its appeal of the MDSP and scoping of its Plan-wide appeal to a site-specific basis to encompass the above noted sites, subject to the City agreeing to the proposed deferral and allowing the hearing of the MDSP to proceed as scheduled with the remaining Appellant (Hollis), without prejudice to the above-mentioned sites. The Tribunal granted the request on August 7, 2024.
5This one-day hearing for the Tribunal to consider the settlement proposal for the remaining appeal by Hollis was scheduled and, in the interim, settlement offers for the applications at 5-15 Denarda Street and 2-16 Denarda Street were endorsed by City Council, and Interim Orders approving the applications for both sites (Tribunal Case Nos. OLT-23-001088 and OLT-23-001089) were issued on July 26, 2024 by a differently constituted Panel of the Tribunal.
6On October 8, 2024, KingSett wrote the Tribunal to advise that mistakenly omitted from the July 31, 2024 request were properties in the MDSP area that KingSett owns or has an interest in, located at 1161-1167 Weston Road. The Tribunal marked the October 8, 2024 letter as an Exhibit. Counsel for KingSett appeared at this hearing event to request that 1161-1167 Weston Road be added to the list of sites remaining under appeal in the MDSP area and any approval of the MDSP be without prejudice to 1161-1167 Weston Road in addition to the other KingSett properties noted in paragraph [4] above.
7Counsel for the City confirmed that there were no objections to the foregoing request, which the Tribunal granted.
EVIDENCE IN SUPPORT OF SETTLEMENT PROPOSAL
8In support of the proposed settlement, the Tribunal received an affirmed Affidavit from, and heard the oral evidence of, Rory McNeil (“Planning Witness”), a candidate member of the Ontario Professional Planners Institute and Canadian Institute of Planners. The Planning Witness is presently a Senior Planner in the Strategic Initiatives, Policy and Analysis section of the City Planning Division and worked on the planning study for the MDSP. Based on the foregoing, the Tribunal qualified the Planning Witness to provide opinion evidence in Land Use Planning.
9The Planning Witness explained that the MDSP, through OPA 571, provides policies that address area-specific strategies for economic development and culture, land use, parks and the public realm; transportation; built form; housing; community service facilities and the environment and sustainability. In general, OPA 571 permits tall and mid-rise development up to a height of approximately 45 storeys surrounding Mount Dennis Station, sets built form standards by sub-area, promotes a balance between residential and non-residential uses and encourages the retention and attraction of investment in a broad range of business, creative industries and arts and cultural uses.
10It was further explained that the proposed changes to OPA 571 fall into one or more of the following categories:
Modifications that clarify technical wording and/or the intent of the policies;
Modifications that provide flexibility for development while not compromising the intent of the policies; and
Modifications or deletions of policies that are redundant, as they are either similar to existing policies in the parent OP or not necessary for the implementation of the MDSP.
11One notable modification implements a condition of the Council-endorsed settlement offer in relation to KingSett’s planning applications at 5-15 Denarda Street and 2-16 Denarda Street and the Interim Orders discussed at paragraph [5] above. Policy 1.1 is proposed to be modified to exclude 5, 7, 9, 13, 13A and 15 Denarda Street and 2, 4, 6, 8, 10, 12, 14 and 16 Denarda Street from the MDSP.
12The Tribunal heard that OPA 571, as proposed, will facilitate development at an appropriate scale for the surrounding area, efficiently using land and infrastructure, contributing to a complete and transit-supportive community prioritizing affordable housing, where appropriate. It will direct densities to appropriate locations in areas away from natural features, create a vibrant public realm and conserve significant built heritage resources, along Weston Road, for example. Further, the MDSP will provide opportunities for job creation and the retention of viable lands designated Employment Areas.
13In light of the foregoing, the Planning Witness opined that OPA 571, and the proposed modifications thereto, represent good planning; have appropriate regard for matters of provincial interest; are consistent with the currently in-force Provincial Policy Statement (“PPS 2020”) and Growth Plan for the Greater Golden Horseshoe (“GP”); as well as the new Provincial Planning Statement (“PPS 2024”, which comes into force on October 20, 2024). The Planning Witness further opined that OPA 571 aligns with the objectives of the OP and the proposed modifications align with the objectives of the OP and still maintain the original intent of OPA 571.
14The Tribunal accepts the uncontradicted evidence of the Planning Witness and finds that OPA 571 and the proposed modifications thereto are representative of good planning in the public interest and satisfy all necessary legislative tests.
ORDER
15THE TRIBUNAL ORDERS that the appeal is allowed, in part, and Official Plan Amendment No. 571 to the Official Plan for the City of Toronto is modified as set out in Attachment 1 to this Order. Official Plan Amendment No. 571 is approved, as modified, except for, and without prejudice to, KingSett Capital Inc.’s appeal the hearing of which has been deferred.
16The Tribunal’s proceeding in this matter, with the exception of KingSett Capital Inc.’s deferred site-specific appeal, is hereby concluded.
17This Member is not seized, but subject to availability in the Tribunal’s calendar, may be spoken to should issues arise in the implementation of this Order.
“S. Braun”
s. braun
vice-chair
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