Local Planning Appeal Tribunal Tribunal d’appel de l’aménagement local ISSUE DATE: December 04, 2020 CASE NO(S).: PL190242 The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal. PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Damis Properties Limited Appellant: Loblaws Properties Ltd. Subject: Proposed Official Plan Amendment No. OPA 404 Municipality: City of Toronto LPAT Case No.: PL190242 LPAT File No.: PL190242 LPAT Case Name: Damis Properties Limited v. Toronto (City) Heard: November 24, 2020 by Video Hearing APPEARANCES: Parties Counsel City of Toronto Jessica Braun and Michael Mahoney Loblaws Properties Ltd. Patrick Harrington Damis Properties Limited Matthew Lakatos-Hayward for Max Laskin The Independent Order of Michael Cara Foresters MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON NOVEMBER 24, 2020 AND ORDER OF THE TRIBUNAL 2 PL190242 [1] This is a decision based on a settlement hearing on consent of the parties. The parties seek final approval of the policies, maps and appendices in the City’s Official Plan Amendment No. 404 (“OPA 404”). In a previous decision dated June 25, 2020, the Tribunal approved OPA 404 in part. The OPA 404 creates the Don Mills Crossing Secondary Plan, which applies to an area generally surrounding the intersection of Don Mills Road and Eglinton Avenue East. [2] Loblaws Properties Ltd. (“Loblaws”) and Damis Properties Limited (“Damis”) had filed appeals of OPA 404 to the Tribunal. The appeal filed by Loblaws addressed a number of policies on a Plan-wide basis. The appeal filed by Damis addressed portions of policy 6.5 and Map 40-9 only. The Independent Order of Foresters (“Foresters”) was an Added Party to these proceedings. It sheltered under issues raised by the appellants. WITNESS [3] The only witness was Annely Zonena who is employed by the City as a land use planner. The Tribunal affirmed and qualified Ms. Zonena to provide expert land use planning opinion evidence. Ms. Zonena’s affidavit was marked as Exhibit 1. SETTLEMENT [4] Ms. Zonena opined that the policies in OPA 404 have regard for the provincial interest. She specifically cited s. (h), (k) and (r) of s. 2 of the Planning Act. She elaborated that OPA 404 will provide for the orderly development of safe and healthy communities; the adequate provision of employment opportunities; and the promotion of built forms that are well-designed, encourage a sense of place, and provide for public spaces that are of high quality, safe, accessible, attractive and vibrant. 3 PL190242 [5] Ms. Zonena stated that OPA 404 is consistent with the Provincial Policy Statement 2020 (“PPS 2020”). She reviewed policies 1.1.1 a), 1.1.7 e) and 1.6.7.4 and opined that OPA 404 is consistent with these policies. She stated that OPA 404 promotes efficient land use patterns; allows for transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns and optimization of transit investment. She stated that OPA 404 aligns with the cross town Eglinton light rail transit implementation. She added that OPA 404 is also supportive of active transportation as set out in PPS 2020. [6] Ms. Zonena opined that OPA 404 conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 as amended (“Growth Plan”). She opines that it maintains the intent and purpose of the City’s Official Plan and has regard for the matters of provincial interest set out in s. 2 of the Planning Act. She states that it also represents good planning and is in the public interest. [7] Thus, based on the uncontroverted evidence of Ms. Zonena and taking into account the consent of the parties, the Tribunal finds that OPA 404 has regard for the provincial interest, is consistent with PPS 2020, conforms to the Growth Plan, and that it maintains the intent and purpose of the City’s Official Plan. Similarly, the Tribunal finds that OPA 404 represents good land use planning and is in the public interest. ORDER [8] The Tribunal orders that the appeals are allowed in part and Amendment No. 404 to the Official Plan of the City of Toronto is modified as set out in Attachment 1 to this order, and as modified is approved. 4 PL190242 “Jatinder Bhullar” JATINDER BHULLAR MEMBER If there is an attachment referred to in this document, please visit www.olt.gov.on.ca to view the attachment in PDF format. Local Planning Appeal Tribunal A constituent tribunal of Ontario Land Tribunals Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 ATTACHMENT 1 PL190242 1 City of Toronto By-law 589-2019 Amendment 404 to the Official Plan of the City of Toronto For lands generally in the vicinity of the intersection of Don Mills Road and Eglinton Avenue East, bound by the CP Rail Corridor, Don Mills Road, Wynford Drive, Gervais Drive, Ferrand Drive, Rochefort Drive and a portion of the west branch of the Don River Valley. Amendment 404 to the Official Plan of the City of Toronto is as follows: 1. Chapter 6, Secondary Plans, is amended by adding Secondary Plan No. 40, attached as Schedule I for lands generally in the vicinity of the intersection of Don Mills Road and Eglinton Avenue East, bound by the CP Rail Corridor, Don Mills Road, Wynford Drive, Gervais Drive, Ferrand Drive, Rochefort Drive and a portion of the west branch of the Don River Valley, identified in Map 40-1. 2. Map 3 of the Official Plan is amended by designating the planned right-of-way of Wynford Drive from Don Mills Road to the southbound off-ramp of the Don Valley Parkway to 30 metres, and Gervais Drive from Eglinton Avenue East to Wynford Drive to 27 metres. 3. Schedule 1, Existing Minor Streets with Right-of-Way Widths Greater Than 20 Metres, is amended by removing Gervais Drive – All, and replacing it with the following: Street Name From To Planned Right-of- Way Width Gervais Drive Wynford Drive North End 23 metres 4. Schedule 2: The Designation of Planned but Unbuilt Roads, is amended by adding new planned but unbuilt roads and links as follows: Street Name From To Wynford Drive Extension The intersection of Don Mills Eglinton Avenue East Road and Wynford Drive, running west, then southwest New Link A Don Mills Road, running Eglinton Avenue East southwest, then south New Link C Don Mills Road, running west Wynford Drive Extension New Link D New Link A, running west New Link F New Link E New Link A, running west New Link F New Link F New Link D, running north Wynford Drive Extension New Link G Eglinton Avenue East, running Don Mills Road south from New Link A New Link H New Link G Don Mills Road New Link I Don Mills Road Ferrand Drive New Link J Don Mills Road Gervais Drive New Link K Sonic Way Rochefort Drive 2 City of Toronto By-law 589-2019 Schedule I to Amendment 404 40 – Don Mills Crossing Secondary Plan 1. Vision and Guiding Principles 1.1 The lands subject to the policies of this Secondary Plan are identified on Map 40-1 Secondary Plan Area. Vision 1.2 Development within the Don Mills Crossing Secondary Plan Area will advance the following vision: 1.2.1 Between the branches of the Don River Valley system, a distinct and complete community will emerge around the intersection of Don Mills Road and Eglinton Avenue East that celebrates natural heritage and builds on the area's tradition of cultural and technological innovation. 1.2.2 Supported by new public transit infrastructure, the community will evolve to include a full range of mobility options integrated into a well-designed public realm that supports civic life, intensification, and opportunities to connect the new community with the places and people in the surrounding areas. Guiding Principles 1.3 The following Guiding Principles will inform the Vision: 1.3.1 Create a Vibrant Mixed-Use Community: a. a complete community with varied levels of planned intensification will accommodate a range of land uses, concentrating employment, commercial and community uses in close proximity to transit; b. high quality buildings with a range of built forms, massing and setbacks will frame the public realm with good proportion ensuring a comfortable and positive pedestrian experience; c. civic and community life will be supported by a high quality public realm framed by buildings with active, at-grade uses, appropriate glazing on the lower levels and direct entrances from the public sidewalk; and d. new development and public spaces will reinforce the historical character of the Secondary Plan Area through the conservation of heritage structures and designed landscapes. 3 City of Toronto By-law 589-2019 1.3.2 Connect with Nature and Build Resiliency: a. the Don River Valley system is integral to the Secondary Plan Area's identity. The policies of this Plan provide opportunities for people to both actively engage with and passively enjoy the ravine and its natural heritage; b. new trail connections and views into the valley will integrate the ravine with the community and provide for the protection and enhancement of the natural areas; c. natural systems will inform and be integrated with landscape treatments in both the public realm and private development sites to build resiliency by capturing and treating stormwater, increasing biodiversity, creating new habitat or being a source for low-carbon energy; and d.