Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 3, 2024 CASE NO.: OLT-22-001939

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

Appellant: 1734141 Ontario Limited Appellant: Aragon (Wellesley) Developments (Ontario) Corp. Appellant: Building and Land Development Association Appellant: Catholic Children's Aid Society of Toronto; and others Subject: Proposed Official Plan Amendment No. 183 Municipality: City of Toronto OLT Case No: OLT-22-001939 Legacy Case No: PL131355 OLT Lead Case No: OLT-22-001939 Legacy Lead Case No: PL131355 OLT Case Name: Lee v. Toronto

PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act, R.S.O. 1990, C. O. 18, as amended

Appellants: Multiple Appellants Subject: By-law No. 235-2-16 – To designate Historic Yonge Street Heritage Conservation District and Historic Yonge Street Heritage Conservation District Plan Municipality: City of Toronto OLT Case No: OLT-22-001941 Legacy Case No: MM160035 OLT Lead Case No: OLT-22-001939 Legacy Lead Case No: PL131355 OLT Case Name: 2019284 Ontario Inc. v. Toronto (City)

BEFORE:

A. MASON MEMBER Wednesday, the 3rd July, 2024

THESE MATTERS involving appeals under s. 17(24) of the Planning Act, R. S.O. 1990, c. P. 13, as amended with respect to the North Downtown Yonge Site and Area Specific Policy 382 (Official Plan Amendment 183) (“OPA 183”) and appeals under s. 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O. 21, with respect to the designation of the Historic Yonge Street Heritage Conservation District (“HYSHCD”) and the Historic Yonge Street Heritage District Plan (“District Plan”) having come before the Tribunal for a video hearing to consider a settlement on June 26, 2024;

AND THE TRIBUNAL, having received and considered the materials submitted in support of the proposed settlement proffered on consent of the Parties, being:

i. The viva voce opinion evidence of Abraham Plunkett-Latimer, candidate member of the Ontario Professional Planners Institute and Canadian Institute of Planners, in the area of land use planning together with their comprehensive affidavit and exhibits sworn June 21, 2024;

ii. The viva voce opinion evidence of Pourya Nazemi, candidate member of the Ontario Professional Planners Institute and Canadian Institute of Planners, in the area of heritage planning, policy and conservation together with their comprehensive affidavit and exhibits sworn June 21, 2024;

AND THE TRIBUNAL, having heard the uncontested viva voce and affidavit evidence of Abraham Plunkett-Latimer and Pourya Nazemi (together “Affiants”), on the nature of the revisions to OPA 183, the HYSHCD and the District Plan arrived at through extensive discussions with the Appellants that gave effect to the proposed settlement, including:

i. revisions to the Statement of Cultural Heritage Value (Section 3.1) to acknowledge recent growth in the HYSHCD, particularly through the addition of mixed-use developments including tall buildings;

ii. revision to the northern boundary of the HYSHCD between Charles Street East and Hayden Street;

iii. modifications to certain massing policies and guidelines of the District Plan to introduce additional flexibility and provide further clarification on their objectives;

iv. modifications and clarification to policies regarding contributing properties with sloped roofs (Policy 5.8.2) and regarding facade pattern and features (Policy 6.5.2);

v. modifications to OPA 183 that improve clarity and remove unnecessary text, modifications to built-form standards, including removing height limits and angular plane requirements as well as numerical standards for tower stepbacks.

AND THE TRIBUNAL, finds that having accepted the viva voce and affidavit evidence of the Affiants it is satisfied that, with respect to OPA 183, the proposed settlement and revised instrument giving effect to the balance of the policies and sections of OPA 183 attached to and forming part of this Order:

i. has appropriate regard for matters of provincial interest under s. 2 of the Act;

ii. implements the direction of the Provincial Policy Statement 2020, conforms to and does not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, and is in conformity with the City of Toronto Official Plan (“Official Plan”), including the Downtown Plan (OPA 406), by allowing for suitable intensification while achieving appropriate heritage and urban design objectives;

iii. supports and does not conflict with the HYSHCD and District Plan;

iv. represents good planning and is in the public interest by providing a contextually sensitive planning framework that satisfies all legislative requirements, encourages well-designed built form and provides appropriate policy direction that supports the conservation of significant heritage resources and the distinctive character of the HYSHCD.

AND THE TRIBUNAL, is further satisfied that the proposed settlement and revised instruments giving effect to the HYSHCD and the District Plan attached to and forming part of this Order:

i. were completed in accordance with the Ontario Heritage Act and meet all mandatory statutory requirements thereunder;

ii. satisfy the directions contained in Council adopted guidelines for the designation of heritage conservation districts and are in keeping with national best practices for heritage conservation;

iii. have regard for matters of provincial interest in subsections 2(d) and (r) of the Planning Act,

iv. are consistent with the heritage policies of the Provincial Policy Statement 2020;

v. conform with the heritage policies of the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020;

vi. conform to the heritage policies of the Official Plan, including the Downtown Plan (OPA 406) and OPA 183;

vii. represent good planning and are in the public interest by achieving an appropriate balance of implementing heritage planning policies while allowing for growth and managing change in the District.

NOW THEREFORE:

THE TRIBUNAL ORDERS that:

i. Pursuant to subsection 41(7)(b)(ii) of the Ontario Heritage Act, the appeals in matter OLT-22-001941 (legacy case file MM160035) are allowed in part, and that the area outlined by the heavy lines shown on the map attached as Attachment A to this Order and comprising the properties listed in Attachment B to this Order is designated as a heritage conservation district under Part V of the Ontario Heritage Act, to be known as the Historic Yonge Street Heritage Conservation District and is in effect as of the date of this Order.

ii. Pursuant to subsections 41.1(4) and 41(7) of the Ontario Heritage Act, the appeals in matter OLT-22-001941 (legacy case file MM160035) are allowed in part, the Historic Yonge Street Heritage Conservation District Plan included as Attachment C to this Order shall be the Heritage Conservation District Plan for the Historic Yonge Street Heritage Conservation District and is in effect as of the date of this Order.

iii. Despite Order ii above, pursuant to subsections 41.1(4) and 41(7) of the Ontario Heritage Act and Rules 24.2 and 24.3 of the Tribunal’s Rules of Practice and Procedure, the City may seek one administrative amendment to Appendix “E” contained in Attachment C to this Order, within four (4) months of the date of this Order to update the approved development applications identified in Appendix “E” contained in Attachment C to this Order and any such amended Order will be effective on the date of this Order.

iv. The City Clerk is authorized to format the amendments to By-law 235-2016 in accordance with Attachment “A”, Attachment “B” and Attachment “C” to this Order, as may be necessary, for record keeping purposes, notice to the Ontario Heritage Trust and registration purposes.

v. The City Clerk and the City Solicitor are authorized to cause a copy of the approval of By-law 235-2016, as amended by this Order to be registered against title to the properties listed in Attachment B to this Order in the proper Land Registry Office and the City Clerk is authorized to cause notice of the approval of By-law 235-2016 as amended by this Order to be served upon the Ontario Heritage Trust.

vi. Pursuant to subsections 17(30), (30.1) and (50) of the Planning Act, the Tribunal allows the appeals in matter OLT-22-001939 (legacy file PL131355) in part, and approves Official Plan Amendment No. 183 in the form attached as Attachment “D” to this Order.

vii. The City Clerk is authorized to format Official Plan Amendment No. 183 in accordance with Attachment “D” to this Order for record keeping purposes.

viii. The remaining appeals before the Tribunal are hereby dismissed.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR 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 A: DESIGNATION OF HISTORIC YONGE STREET HERITAGE CONSERVATION DISTRICT

ATTACHMENT B: LIST OF PROPERTIES IN THE HISTORIC YONGE STREET HERITAGE CONSERVATION DISTRICT

6 Charles Street East 5 Charles Street West 7 Charles Street West 9 Charles Street West 11 Charles Street West 13 Charles Street West 18 Gloucester Lane 6 Gloucester Street 7 Gloucester Street 8 Gloucester Street 9 Gloucester Street 11 Gloucester Street 6 Irwin Avenue 7 Irwin Avenue 8 Irwin Avenue 9 Irwin Avenue 10 Irwin Avenue 11 Irwin Avenue 12 Irwin Avenue 13 Irwin Avenue 14 Irwin Avenue 15 Irwin Avenue 17 Irwin Avenue 19 Irwin Avenue 23 Irwin Avenue 25 Irwin Avenue 27 Irwin Avenue 29 Irwin Avenue 9 Isabella Street 10 Isabella Street 14 Isabella Street 14A Isabella Street 16 Isabella Street 5 St Joseph Street 6 St Joseph Street 8 St Joseph Street 10 St Joseph Street 12 St Joseph Street 14 St Joseph Street 16 St Joseph Street 18 St Joseph Street 22 St Joseph Street 26 St Joseph Street 145 St Luke Lane 155 St Luke Lane 10 St Mary Street 5 St Nicholas Street 9 St Nicholas Street 15 St Nicholas Street 45 St Nicholas Street 49 St Nicholas Street 51 St Nicholas Street 53 St Nicholas Street 55 St Nicholas Street 57 St Nicholas Street 59 St Nicholas Street 61 St Nicholas Street 63 St Nicholas Street 65 St Nicholas Street 75 St Nicholas Street 79 St Nicholas Street 81 St Nicholas Street 85 St Nicholas Street 8 Wellesley Street East 10 Wellesley Street East 1 Wellesley Street West 6 Wellesley Street West 8 Wellesley Street West 10 Wellesley Street West 16 Wellesley Street West 496 Yonge Street 500 Yonge Street 502A Yonge Street 506 Yonge Street 508 Yonge Street 510 Yonge Street 516 Yonge Street 518 Yonge Street 522 Yonge Street 526 Yonge Street 527 Yonge Street 529 Yonge Street 530 Yonge Street 531 Yonge Street 535 Yonge Street 538 Yonge Street 540 Yonge Street 542 Yonge Street 543 Yonge Street 544 Yonge Street 546 Yonge Street 548 Yonge Street 550 Yonge Street 552 Yonge Street 555 Yonge Street 556 Yonge Street 558 Yonge Street 561 Yonge Street 564 Yonge Street 565 Yonge Street 566 Yonge Street 567 Yonge Street 568 Yonge Street 569 Yonge Street 570 Yonge Street 573 Yonge Street 574 Yonge Street 575 Yonge Street 576 Yonge Street 577 Yonge Street 578 Yonge Street 579 Yonge Street 582 Yonge Street 584 Yonge Street 586 Yonge Street 588 Yonge Street 592 Yonge Street 593 Yonge Street 594 Yonge Street 596 Yonge Street 598-600 Yonge Street 599 Yonge Street 601 Yonge Street 602 Yonge Street 606 Yonge Street 608 Yonge Street 615 Yonge Street 618 Yonge Street 619 Yonge Street 620 Yonge Street 624 Yonge Street 625 Yonge Street 626 Yonge Street 632 Yonge Street 634 Yonge Street 636 Yonge Street 638 Yonge Street 639 Yonge Street 640 Yonge Street 641 Yonge Street 644 Yonge Street 645 Yonge Street 646 Yonge Street 649 Yonge Street 650 Yonge Street 651 Yonge Street 654 Yonge Street 655 Yonge Street 656 Yonge Street 657 Yonge Street 658 Yonge Street 659 Yonge Street 660 Yonge Street 661 Yonge Street 662 Yonge Street 664 Yonge Street 665 Yonge Street 666 Yonge Street 668 Yonge Street 670 Yonge Street 672 Yonge Street 673 Yonge Street 676 Yonge Street 678 Yonge Street 680 Yonge Street 684 Yonge Street 686-688 Yonge Street 692 Yonge Street 694 Yonge Street 696 Yonge Street 710 Yonge Street 712 Yonge Street 714 Yonge Street 716 Yonge Street 718 Yonge Street 720 Yonge Street