Queen Street Post Inc. v. Toronto (City), 2024 CanLII 97535

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

October 4, 2024

CASE NOS.:

OLT-24-000538 OLT-24-000627

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Queen Street Post Inc.

Subject:

Request to amend the Official Plan – Refusal to adopt the requested amendment

Description:

To permit the development of 272 residential units

Reference Number:

23 210259 STE 09 OZ

Property Address:

1117 Queen Street West

Municipality:

City of Toronto

OLT Case No.:

OLT-24-000538

OLT Lead Case No.:

OLT-24-000538

OLT Case Name:

Queen Street Post Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Queen Street Post Inc.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit the development of 272 residential units

Reference Number:

23 210259 STE 09 OZ

Property Address:

1117 Queen Street West

Municipality:

City of Toronto

OLT Case No.:

OLT-24-000539

OLT Lead Case No.:

OLT-24-000538

OLT Case Name:

Queen Street Post Inc. v. Toronto (City)

BEFORE:

D. CHIPMAN

Thursday, the 3^rd

MEMBER

day of October, 2024

THE TRIBUNAL ORDERS that further to the Decision issued on September 11, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on July 7, 2025. The Tribunal has set aside 7 days for the hearing.

“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.

PROCEDURAL ORDER

Purpose of the Procedural Order

Case management conferences are scheduled by the Tribunal to organize the hearing. This sample procedural order is provided to identify who may participate in the hearing, the issues in dispute, and the matters that are required to be carried out before the hearing. The attachment to this sample procedural order explains the meaning of a number of terms in the sample procedural order, such as a Party or a Participant.

The Tribunal recommends that the appellant, municipality, the applicant (if applicable), or those who wish to seek Party status in this proceeding, meet, remotely if necessary, to discuss this sample procedural order before the date of the case management conference and try to identify the issues and process they want the Tribunal to order following the conference. The Tribunal will hear submissions on the content of this sample procedural order at the case management conference and issue a procedural order at a later date.

If you are not represented by a lawyer, you should prepare by reviewing the Tribunal’s Video Hearings Guide, and the Tribunal’s Rules of Practice and Procedure, particularly Rule 20, which are available on the Tribunal’s website.

ISSUE DATE: October 4, 2024 CASE NO(S).: OLT-24-000538 and OLT-24-000627

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant:

Queen Street Post Inc.

Subject:

Request to amend the Official Plan – Refusal to adopt the requested amendment

Description:

To permit the development of 272 residential units

Reference Number:

23 210259 STE 09 OZ

Property Address:

1117 Queen Street West

Municipality:

City of Toronto

OLT Case No.:

OLT-24-000538

OLT Lead Case No:

OLT-24-000538

OLT Case Name:

Queen Street Post Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant:

Queen Street Post Inc.

Subject:

Request to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit the development of 272 residential units

Reference Number:

23 210259 STE 09 OZ

Property Address:

1117 Queen Street West

Municipality:

City of Toronto

OLT Case No.:

OLT-24-000539

OLT Lead Case No:

OLT-24-000538

OLT Case Name:

Queen Street Post Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.

Applicant/Appellant:

Queen Street Post Inc.

Subject:

Refusal of Heritage Alteration

Description:

To permit the alteration of the subject property

Property Address:

1117 Queen Street West

Municipality:

City of Toronto

OLT Case No.:

OLT-24-000627

OLT Lead Case No:

OLT-24-000627

OLT Case Name:

Queen Street Post Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended.

Applicant/Appellant:

Queen Street Post Inc.

Subject:

Appeal of refusal

Description:

To permit the demolition of heritage attributes on the subject property

Property Address:

1117 Queen Street West

Municipality:

City of Toronto

OLT Case No.:

OLT-24-000628

OLT Lead Case No:

OLT-24-000627

OLT Case Name:

Queen Street Post Inc. v. Toronto (City)

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.

Organization of the Hearing

The hearing will be held on July 7 to 18, 2025, at 10:00 a.m. by video hearing as directed in the Tribunal’s decision and Order.

The length of the hearing is ten (10) days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are found in Attachment "1".

The Parties and Participants identified at the case management conference are listed in Attachment "2" to this Order.

The issues are set out in the Issues List attached as Attachment "3" to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits and/or the Parties consent to the changes, and a Party who asks the Tribunal for changes to the Issues List without consent of the other Parties may have costs awarded against it.

The order of evidence is set out in Attachment "4" to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply, and final argument. The length of written argument, if any, may be limited either on the Parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

Any person intending to participate in the hearing shall provide a mailing address, email address, and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address, and phone number.

If the hearing is to proceed electronically, any person who intends to participate in the hearing, including Parties, counsel, and witnesses, is expected to review the Tribunal’s Video Hearings Guide, available on the Tribunal’s website.

Requirements Before the Hearing

If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal to the Tribunal and the other Parties, including all revised plans, drawings, proposed instruments, updated supporting documents, and reports on or before Friday January 31, 2025 (91 days before expert witness statements, witness statements, summoned witness outlines, expert reports, and participant statements are due). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which the witnesses will be called. This list must be delivered to the Parties and the Tribunal on or before Monday March 10, 2025 (119 days before the hearing is scheduled to commence). A Party who intends to call an expert witness must include a copy of the expert witness’ curriculum vitae, Acknowledgement of Expert Duty form(s), and the area of expertise in which the expert witness is proposed to be qualified.

Any challenges to the witness, including qualifications of a witness to give opinion evidence in the proposed area of expertise identified shall be made by motion in accordance with the Tribunal’s Rules of Practice and Procedure and notice of same must be served on the other Parties and to the Tribunal on or before Friday March 28, 2025 (100 days before the hearing is scheduled to commence).

Expert witnesses in the same disciplines shall have at least one meeting and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, and if an agreement is reached, the expert witnesses shall prepare and file a statement of agreed facts and the remaining issues to be addressed at the hearing with the Parties and Tribunal on or before Tuesday April 22, 2025 (10 days before expert witness statements, witness statements, summoned witness outlines, expert reports, and participant statements are due).

An expert witness shall prepare an expert witness statement (full disclosure including reports), which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of the expert witness statement (full disclosure including reports), including a copy of the expert witness’ curriculum vitae and Acknowledgement of Expert Duty form, must be provided to the other Parties and to the Tribunal on or before Friday May 2, 2025 (66 days before the hearing is scheduled to commence). Instead of a witness statement, the expert may file their entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement (full disclosure including reports) must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure.

Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement, but the Party calling them must provide a brief outline of the expert’s intended evidence to the other Parties and to the Tribunal on or before Friday May 2, 2025 (66 days before the hearing is scheduled to commence).

A Party who intends to call a witness who is not an expert must provide a brief outline of the witness’ evidence to the other Parties and to the Tribunal on or before Friday May 2, 2025 (66 days before the hearing is scheduled to commence). If this is not done, the Tribunal may refuse to hear the witness’ Participants’ testimony.

On or before Friday May 2, 2025 (66 days before the hearing is scheduled to commence), a Participant shall provide copies of their Participant statement to the other Parties and to the Tribunal. A Participant cannot present oral submissions at the hearing on the content of their written statement, unless permitted by the Tribunal.

On or before Friday May 23, 2025 (45 days before the hearing is scheduled to commence), Parties may provide to all other Parties and to the Tribunal a written response to any written evidence.

On or before Friday May 30, 2025 (38 days before the hearing is scheduled to commence), the Parties shall advise the Tribunal of whether any hearing dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

On or before Friday June 6, 2025 (31 days before the hearing is scheduled to commence), the Parties shall provide copies of their visual evidence to all of the other Parties and to the Tribunal. The Tribunal and all Parties shall be notified if a model will be used, and all Parties must have a reasonable opportunity to view the model before the scheduled commencement of the hearing.

A person wishing to change written evidence, including witness statements or expert witness statements, must make a written motion to the Tribunal, and such moving Party must provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion in accordance with Rule 10 of the Tribunal’s Rules of Practice and Procedure.

The Parties shall prepare a joint document book which shall be shared with the Tribunal on or before Monday June 16, 2025 (21 days before the hearing is scheduled to commence). One hard copy of the joint document book will be filed with the Tribunal as soon as practicable in advance of the hearing. All Parties must be served with the joint document book in hard copy or an accessible electronic format.

The Parties shall prepare and file a detailed hearing plan with the Tribunal on or before Monday June 16, 2025 (21 days before the hearing is scheduled to commence), with a proposed schedule for the hearing that identifies, as a minimum, the Parties participating in the hearing, the preliminary matters (if any are to be addressed), the anticipated order of evidence, the date each witness is expected to attend the hearing, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any), and the expected length of time for final submissions. The Parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the detailed hearing plan. Any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the detailed hearing plan at any time in the course of the hearing.

A Party who provides a witness’ written evidence of a witness to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

All filings shall be submitted electronically to the Tribunal, the Parties, and the Participants (if any). The Tribunal will be provided with a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7 of the Tribunal’s Rules of Practice and Procedure. The Parties shall make best efforts to ensure that all documents to be filed with the Tribunal are organized, tabbed, and digitally searchable. This section applies regardless of whether the hearing event is taking place in person or electronically.

No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 9. Rule 17 of the Tribunal’s Rules of Practice and Procedure applies to such requests.

The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

Meaning of Terms Used in the Procedural Order:

A Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. An unincorporated group cannot be a Party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the Party.

NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A Participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A Participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a Party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a Party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a Participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A Participant may also be asked questions by the Parties should the Tribunal direct a Participant to attend a hearing to answer questions on the content of their written submission.

A Participant must be identified and be accorded Participant status by the Tribunal at the CMC. A Participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A Participant cannot ask for costs, or review of a decision, as a Participant does not have the rights of a Party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party or Participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a Party or Participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A Participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the Participant’s position on the appeal; a list of the issues which the Participant wishes to address and the submissions of the Participant on those issues; and a list of reports or materials, if any, which the Participant wishes to refer to in their statement.

Additional Information:

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the Party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the Party presenting the witness;
• direct examination by any Party of similar interest, in the manner determined by the Tribunal;
• cross-examination by Parties of opposite interest;
• re-examination by the Party presenting the witness; or
• another order of examination mutually agreed among the Parties or directed by the Tribunal.

SUMMARY OF DATES

DATE

EVENT

Friday January 31, 2025 (91 days before expert witness statements, witness statements, summoned witness outlines, expert reports, and participant statements are due)

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

Monday March 10, 2025 (119 days before the hearing is scheduled to commence)

Exchange of witness lists (names, disciplines and order to be called)

Friday March 28, 2025 (100 days before the hearing is scheduled to commence)

Last date to challenge witnesses or qualifications of a witness to give opinion evidence (if necessary)

Tuesday April 22, 2025 (10 days before expert witness statements, witness statements, summoned witness outlines, expert reports, and participant statements are due)

Statement of agreed facts filed with the Tribunal

Friday May 2, 2025 (66 days before the hearing is scheduled to commence)

Exchange of witness statements, summoned witness outlines, expert reports, and participant statements

Friday May 23, 2025 (45 days before the hearing is scheduled to commence)

Exchange of reply witness statements (if any)

Friday May 30, 2025 (38 days before the hearing is scheduled to commence)

Parties to advise the Tribunal if any hearing dates can be released (if required)

Friday June 6, 2025 (31 days before the hearing is scheduled to commence)

Exchange of visual evidence (if any)

Monday June 16, 2025 (21 days before the hearing is scheduled to commence)

Finalize joint document book

Monday June 16, 2025 (21 days before the hearing is scheduled to commence)

Hearing plan filed with the Tribunal

July 7 to 18, 2025

Hearing scheduled

LIST OF PARTIES AND PARTICIPANTS

PARTY NAME

COUNSEL/REPRESENTATIVE* AND CONTACT

City of Toronto

CITY OF TORONTO LEGAL SERVICES Planning and Administrative Tribunal Law Section Metro Hall, 55 John Street, 26th Floor Toronto, ON M5V 3C6

Daniel Elmadany, Solicitor daniel.elmadany@toronto.ca +1 (416) 397-5709

Jason Davidson, Solicitor jason.davidson@toronto.ca +1 (416) 392-4835

Queen Street Post Inc.

McCARTHY TÉTRAULT LLP Suite 5300, TD Bank Tower Box 48, 66 Wellington Street West Toronto, ON M5K 1E6

Michael Foderick, Partner mfoderick@mccarthy.ca +1 (416) 601-7783

Daniel Angelucci, Associate dangelucci@mccarthy.ca +1 (416) 601-7569

PARTICIPANT NAME

REPRESENTATIVE AND CONTACT

West Side Community Council

Ric Amis me@ricamis.com +1 (416) 822-0182

West Queen West Community Post

Michelle Gay michellegay15@gmail.com +1 (416) 992-8035

LIST OF ISSUES

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

CITY OF TORONTO:

Planning Act

1. Do the proposed Official Plan Amendment, proposed Zoning By-law Amendments and proposed development have regard for the matters of provincial interest set out in Section 2 of the Planning Act, including 2(d), (h), (j), and (r)?

2. Would approval of the proposed Official Plan Amendment, proposed Zoning By-law Amendments and proposed development by the Tribunal have regard to the decision of City Council and the information and material that City Council considered in making its decision to refuse the applications as required by Section 2.1 of the Planning Act?

Provincial Policy Statement 2020

3. Is the proposed Official Plan Amendment, proposed Zoning By-law Amendments and proposed development consistent with the Provincial Policy Statement as required by Section 3(5) of the Planning Act, including policies 1.2.1, 1.1.3.3, 1.7.1, 2.6 and 4.0?

A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020

4. Does the proposed Official Plan Amendment, proposed Zoning By-law Amendments and proposed development conform to and not conflict with A Place to Grow: Growth Plan for the Greater Golden Horseshoe as required by Section 3(5) of the Planning Act, including policies 1.2.1, 2.2.2.3, 2.2.6.3, 4.2.7 and 5.2.5?

Provincial Planning Statement (2024)

5. If issue 3 and 4 above do not apply, is the proposed Official Plan Amendment, proposed Zoning By-law Amendments and proposed development consistent with the Provincial Planning Statement (2024) as required by Section 3(5) of the Planning Act, including policies 2.1.6, 2.2, 2.3.1.2, 2.3.1.3, 3.1, 3.6.1, 3.6.8, 4.6.1, 4.6.3, and 4.6.4?

City of Toronto Official Plan

6. Does the proposed Official Plan Amendment, proposed Zoning By-law Amendments and proposed development conform with the policies of the City of Toronto Official Plan, including the policies related to:

(a) Section 2.2 (Structuring Growth: Integrating Land Use & Transportation);

(b) Section 2.2.3 (Avenues: Reurbanizing Arterial Corridors);

(c) Section 3.1.1 (The Public Realm);

(d) Section 3.1.3 (Built Form);

(e) Section 3.1.4 (Built Form – Building Types);

(f) Section 3.1.5 (Heritage Conservation);

(g) Section 3.2.1 (Housing);

(h) Section 3.4 (Natural Environment);

(i) Section 4.5 (Mixed Use Areas);

(j) Section 4.7 (Regenerations Areas); and

(k) Sections 5.3.1 and 5.3.2 (Implementation)?

7. Does the proposed Official Plan Amendment, proposed Zoning By-law Amendments and proposed development conform with Chapter 6, Section 14 of the Official Plan, being the Garrison Common North Secondary Plan, including the policies 2.1?

8. Does the proposed development conform with Chapter 7, Site and Area Specific Policy 566 of the Official Plan, including policies 2.2, 3.1, 3.5, 3.5, 3.6, 5.0, 6.2, 6.5 and 11?

Proposed Amendments to the Official Plan

9. Is the requested Official Plan Amendment to permit a 29 storey tower appropriate and is the development proposed to be permitted by the Official Plan Amendment compatible with its physical context?

Guidelines

10. Does the proposed development meet the intent and purpose of the following City guidelines:

(a) the Tall Building Design Guidelines (2013);

(b) the Mid-Rise Building Performance Standards and Urban Design Guidelines (2010) and Addendum (2016)?

(c) The Streetscape Manual User Guide (2019);

(d) The Growing Up: Planning for Children in New Vertical Communities, Urban Design Guidelines (2020);

(e) the Complete Streets Guidelines (2017);

(f) the Pet Friendly Design Guidelines for High Density Communities?

Land Use Planning and Urban Design

11. Is the development’s proposed height and massing, including setbacks, stepbacks, scale, density and design appropriate, in particular:

(a) Does the proposed height and massing provide for an appropriate scale that fits with the existing main street (Queen Street West) character and planned context?

(b) Does the proposed development provide appropriate transition in height and scale to the surrounding area?

12. Does the proposed development:

(a) provide access to direct sunlight and daylight on the public realm;

(b) maintain open views of the sky from the public realm?

Heritage Conservation

13. Does the proposed development, the proposed Official Plan Amendments, and Zoning By-law Amendments conserve the cultural heritage value, heritage attributes and character of the designated heritage property at 1117 Queen Street West?

14. Has the proposed development been designed mitigate visual and physical impact on the designated heritage property at 1117 Queen Street West?

15. Does the proposed development maintain the intent and purpose of the principles set out in the Standards and Guidelines for the Conservation of Historic Places in Canada?

16. Has the proposed development been designed to conserve the cultural heritage values, attributes and character of adjacent heritage properties that are included on the City’s Heritage Register along Queen Street West, and mitigate visual and physical impact on them?

17. Should the Tribunal approve the heritage permit applications under section 33 and 34(1)1 of the Ontario Heritage Act required in support of the development proposed on the designated property at 1117 Queen Street West?

Housing

18. Does the proposed development and Zoning By-law Amendment achieve a balanced mix of unit types and sizes to support the creation of housing suitable for families and meet the intent and purpose of the Growing Up: Planning for New Vertical Communities, Urban Design Guidelines (2020)?

Loading, Servicing and Access

19. Does the development’s proposed loading and service areas adequately support the development, in particular:

(a) Is the access and maneuvering to enter and exit the loading area appropriate and safe?

(b) Does the proposed development appropriately screen loading and service areas from the public realm?

Municipal Servicing

20. Has the proposed development and Zoning By-law Amendment demonstrated that there is sufficient water, wastewater and sanitary services available to service the proposed development, taking into account existing, planned and proposed development within the applicable water, wastewater or sanitary servicing distribution network?

21. If not, should a holding (“H”) symbol be imposed on any Zoning By-law Amendment for the lands until such time as sufficient water, wastewater and/or sanitary services can be made available to service the proposed development, including any required improvements and/or upgrades to municipal infrastructure?

Public Interest, Good Planning, and Good Urban Design

22. Are the proposed Official Plan Amendments and Zoning By-law Amendments good planning and in the public interest?

23. Are the proposed Official Plan Amendments and Zoning By-law Amendments good urban design and in the public interest?

Implementation

24. If the requested Official Plan Amendment and Zoning By-law Amendments are approved by the Tribunal, in whole or in part, should the Tribunal's final order be withheld until it has been advised by the City Solicitor that:

(a) the proposed Official Plan and Zoning By-law Amendments are in a final form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

(b) the owner has, at its sole expense:

(i) submitted a revised Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

(ii) secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

(iii) ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

(iv) submitted an updated Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services;

(v) submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that matters arising from such study be satisfactorily addressed, and secured if required;

(vi) provided an Arborist/Tree Preservation Report and landscape plans, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

(vii) any necessary studies to the satisfaction of the Chief Planner and Executive Director, City Planning, and implemented any necessary mitigation measures in the Zoning By-law Amendment, to the satisfaction of the Chief Planner and Executive Director, City Planning;

(viii) entered into a Heritage Easement Agreement with the City for the property at 1117 Queen Street West to the satisfaction of the Chief Planner and Executive Director, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and

(ix) provided a detailed Conservation Plan for the subject heritage property, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the revised Heritage Impact Assessment, to the satisfaction of the Senior Manager, Heritage Planning.

25. If the requested application to alter the heritage property and demolish one or more heritage attributes of a building located on a designated heritage property under section 33 and 34(1) of the Ontario Heritage Act is approved by the Tribunal, in whole or in part, should the Tribunal's final order be withheld until it has been advised by the City Solicitor that:

(a) The owner has entered into a Heritage Easement Agreement with the City for the property at 1117 Queen Street West to the satisfaction of the Chief Planner and Executive Director, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and

(b) The owner has provided a detailed Conservation Plan for the subject heritage property, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the revised Heritage Impact Assessment, to the satisfaction of the Senior Manager, Heritage Planning.

26. If the requested application to alter the heritage property and demolish one or more heritage attributes of a building located on a designated heritage property under section 33 and 34(1)1 of the Ontario Heritage Act is approved by the Tribunal, in whole or in part, should the following conditions be imposed on such heritage permit applications:

(a) that the related Official Plan Amendment and Zoning By-law Amendment requiring the proposed alterations and demolition of heritage attributes has come into full force and effect;

(b) prior to issuance of any Ontario Land Tribunal order in connection with the Official Plan Amendment and Zoning By-law Amendment appeals for the property at 1117 Queen Street West, the owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

(c) prior to issuance of any Ontario Land Tribunal order in connection with the Official Plan Amendment and Zoning By-law Amendment appeals for the property at 1117 Queen Street West, the owner shall enter into a Heritage Easement Agreement with the City for the property at 1117 Queen Street West, substantially in accordance with the approved Conservation Plan required in (b) above, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

(d) prior to the issuance of any permit for all or any part for the 1117 Queen Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

(i) Provide a Heritage Lighting Plan that describe how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning;

(ii) Provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning;

(iii) Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

(iv) Provide a detailed Landscape Plan for the subject properties, satisfactory to the Senior Manager, Heritage Planning;

(v) Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plans required in Recommendation 2.b., including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and

(vi) Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Lighting Plan and Interpretation Plan;

(e) That prior to the release of the Letter of Credit required in Condition (d)(vi) above, the owner shall:

(i) Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the approved Conservation and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

(ii) Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

ORDER OF EVIDENCE

Note: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence. The Order of Evidence will be described in greater detail in the Hearing Plan that is filed with the Tribunal.

ORDER:

1. Queen Street Post Inc.

2. City of Toronto

3. Queen Street Post Inc. (in reply)