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Ontario Municipal Board |
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Commission des affaires municipales de l’Ontario
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ISSUE DATE: |
April 20, 2017 |
CASE NO(S).: |
PL160941 |
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended |
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Applicant and Appellant: |
117 Broadway Holdings Ltd. |
Subject: |
Application to amend Zoning By-law Nos. 438-86 and 569-2013 - Neglect of the City of Toronto to make a decision |
Existing Zoning: |
R2 Z2.0 (Zoning By-law No. 438-86) R (d2.0) (x912) (Zoning By-law No. 569-2013) |
Proposed Zoning: |
Site specific to permit proposed development |
Purpose: |
To permit two apartment buildings of 34 and 35 storeys linked by an 8 storey component |
Property Address/Description: |
117-127 Broadway Avenue |
Municipality: |
City of Toronto |
Municipality File No.: |
15 228738 STE 22 OZ |
OMB Case No.: |
PL160941 |
OMB File No.: |
PL160941 |
OMB Case Name: |
117 Broadway Holdings Ltd. v. Toronto (City) |
Heard: |
April 3, 2017 in Toronto, Ontario |
APPEARANCES: |
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117 Broadway Holdings Ltd. |
Joe Hoffman |
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City of Toronto |
Cigdem Iltan |
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Myriad Holding Corporation Ltd., Hereditary Holdings Ltd., Brownstone Developments Ltd., Greenbanktree Power Corp., Shoebanktree Holdings Inc. and B.A.S.R. Ltd. |
Tim Duncan |
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Participant |
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Sherwood Park Residents’ Association |
Ben Daube* |
MEMORANDUM OF ORAL DECISION DELIVERED BY JUSTIN DUNCAN ON APRIL 3, 2017 AND ORDER OF THE BORD
INTRODUCTION
This was a pre-hearing conference (“PHC”) in an appeal by 117 Broadway Holdings Ltd. (“Appellant”) from the failure of the City to make a decision on its application for Zoning By-law amendments that would facilitate the development of two apartment buildings of 34 and 35 storeys linked by an eight storey component at a property known as 117-127 Broadway Avenue (“Subject Property”).
During the PHC, the Board added Myriad Holding Corporation Ltd., Hereditary Holdings Ltd., Brownstone Developments Ltd., Greenbanktree Power Corp., Shoebanktree Holdings Inc. and B.A.S.R. Ltd. as parties to the appeal. Myriad Holding Corporation Ltd., Hereditary Holdings Ltd., Brownstone Developments Ltd. and B.A.S.R. Ltd. are the owners of 177 Redpath Avenue, a property to the southwest of the Subject Property. B.A.S.R. Ltd., Greenbanktree Power Corp. and Shoebanktree Holdings Inc. are the owners of 200 Roehampton, a property located to the south of the Subject Property. Counsel for these parties, Tim Duncan, advised that the primary concern of his clients relates to the setbacks of the Appellant’s proposal.
The Board also added the Sherwood Park Residents’ Association as a participant to the appeal. Ben Daube advised the Board on behalf of the Association that it had not made a determination about the issues it intends to raise on the appeal at this time but that it wished to engage with the other parties in an attempt to reach a settlement on the appeal.
On behalf of the Appellant, Joe Hoffman indicated that four key changes had been made to the proposal from the original application, prior to the filing of the appeal, in response to input from City staff: a reduction in overall height to 104 and 106.8 metres (“m”) for the two towers while maintaining the same number of storeys, reduction of the link building from sixteen to eight storeys, removal of private patios at the Park Street Loop and an increase in setbacks at the south end of the property from 7.5 m to 12 m. Mr. Hoffman estimated that five days were necessary for a hearing of the appeal and asked that dates be set as the issues were largely known by the parties. He also advised the Board that the Appellant intends to call two experts in the areas of planning and urban design.
On behalf of the City, Cigdem Iltan indicated that although she had no objection to the Appellant’s request to set hearing dates, she does not yet have instructions from City Council in relation to the appeal. She advised that the revised application and appeal is scheduled to be considered by Council during its July 5 to 7, 2017 meeting, after which any outstanding issues can be identified.
The Board scheduled a second PHC to take place by teleconference call at 9 a.m. on Friday, July 14, 2017 using 416-212-8012 or 1(866)633-0848 and code 4779874#. The purpose of the next PHC will be to identify what issues remain between the parties following the Council meeting. The parties were directed to file a draft Procedural Order, including an issues list, for the Board’s consideration prior to the next PHC. The Association is also directed to identify and provide a list of its issues to the parties prior to the next PHC in order for its issues to be incorporated into the list to be filed with the Board.
The Board also heard submissions in relation to hearing dates, the issue being whether dates in late August were too close to the Council meeting and the next PHC such that insufficient time would be available to the parties to prepare for a hearing. On the basis of the parties’ sparse availability during the fall, the time available for continued discussions between the parties and preparation for hearing prior to the Council meeting, and the dates currently available on the Board’s calendar, it was determined that the hearing would commence on Monday, August 28, 2017 at 10 a.m. and continue for a total of five days at:
Ontario Municipal Board
655 Bay Street, 16th Floor
Toronto, ON M5G 1E3
No further notice of the appeal is required and I am not seized.
“Justin Duncan”
JUSTIN DUNCAN
MEMBER
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Ontario Municipal Board
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
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