To: Ministry of Municipal…

To: Ministry of Municipal Affairs and Housing Re: EBR Registry Number 013-3485 City of Toronto Adoption of OPA 406 We are the solicitors representing owners of a number of properties listed is Schedule "A" below, who own properties which are located within the boundaries of the proposed OPA 406 pertaining to the Downtown Secondary Plan. We write these comments to inform the Ministry of our grave concerns regarding approval by the Ministry of OPA 406 and the City's use of section 26 of the Planning Act. Despite initially proceeding with the planning exercises relating to the Downtown Secondary Plan under section 17 of the Planning Act for three years, the City chose to continue the exercise under section 26 of the Planning Act. In so doing, the City has effectively and unfairly eliminated any rights of appeal of landowners. Despite the City's indications of its intentions to proceed under section 26, the City will be required to continue under section 17 in the event that the Ministry indicates that proceeding under section 26 is not appropriate. It is our respectful submission that the City cannot and should not proceed with this approval under section 26 of the Planning Act and request the Minister to refuse to approve the Downtown OPA 406 as submitted by the City. On behalf of our clients we made written submissions to the Mayor and Members of City Council prior to the adoption of OPA 406. Specifically we noted that are clients were concerned with the process and the numerous policies in OPA 406 that will seriously impact the viability of the redevelopment of our clients' lands. All of the my clients' properties will be directly prejudiced by the passage of approval of OPA 406 as the policy does not provide safeguards to recognize pre-existing approvals and/or applications. The version of OPA 406 currently before the Minister for approval was only made available for review and consideration by stakeholders approximately two weeks before the May 1st, 2018 Planning and Growth Management Committee meeting. The staff report in support of OPA 406 was approximately 104 pages in length. We do not believe that sufficient time was provided to stakeholders to properly review and assess the changes and impacts. It is our respectful submission that OPA 406 in its current form is not in full conformity with the Growth Plan and is not consistent with the Provincial Policy Statement, 2014. We believe that the City must ensure that a full and complete municipal review, that fully considers the Growth Plan and the PPS is undertaken to satisfy the test under the Planning Act and therefore a "partial" or "incomplete" review is inappropriate and contrary to the Planning Act. The aforementioned deals with a number of our general concerns regarding OPA 406 only. Our clients also have significant specific concerns on a number of important policies in OPA 406. For example, we note that OPA 406 seeks to protect parks and open spaces from any new net shadows from 10:18 am to 4:18 pm. This is a new and very strict standard that will significantly prejudice and restrict intensification in areas of the City that have been targeted for growth and located within 500 metres of rapid transit. We also note that OPA 406 will require that all indoor amenity space must be located at or above-grade, without flexibility. This requirement is extremely restrictive and does not consider the individual sites or creative design solutions. It is a "one size fits all" policy. The two aforementioned specific concerns are merely examples of the significant changes and should not be considered exhaustive. We also note that OPA 406 will result in significant decreases in height and density, which has been undertaken without a meaningful analysis regarding consistency and conformity to provincial policy planning documents. This aspect of OPA 406 was undertaken solely on the basis of local pressure and little professional analysis. We strongly urge the Minister to refuse approval of OPA 406 and specifically the City's use of section 26 of the Planning Act for its approval. Should you have any questions or require additional information do not hesitate to call me. Yours very truly, Mary L. Flynn-Guglietti Schedule "A" List of Clients Properties 1. 64 Prince Arthur Avenue 2. 135-143 Portland Street 3. 158 Pearl Street 4. 480 University Avenue 5. 225 Jarvis Street 6. 363 King Street West 7. 70 St. Mary's Street 8.301 - 319 Kings Street West