Municipal Board Commission des affaires municipales de l’Ontario

ISSUE DATE: November 14, 2017 CASE NO(S).: PL170103

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: 2538779 Ontario Inc. Appellant: 500 Property Inc. Appellant: 844 Bathurst Holdings Inc. Subject: Proposed Official Plan Amendment No. OPA 349 Municipality: City of OMB Case No.: PL170103 OMB File No.: PL170103 OMB Case Name: 500 Bloor Street Property Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: 2538779 Ontario Inc. Appellant: 500 Bloor Street Property Inc. Appellant: 844 Bathurst Holdings Inc. Subject: By-law No. BL 1283-2016 Municipality: City of Toronto OMB Case No.: PL170103 OMB File No.: PL170104

Heard: September 6, 2017 in Toronto, Ontario

APPEARANCES:

Parties Counsel*/Representative

500 Bloor Street Property Inc. B. Smith*

844 Bathurst Holdings Inc. A. Forristal*; M. Flynn-Guglietti* 2 PL170103

2538779 Ontario Inc. M. Barrett*; E. Costello*

City of Toronto S. Haniford*; F. Santaguida*

Palmerston Area Residents’ Paul MacLean Association

Harbord Village Residents’ Sue Dexter Association

Annex Residents’ Corporation James Jacobs

MEMORANDUM OF ORAL DECISION DELIVERED BY STEFAN KRZECZUNOWICZ ON SEPTEMBER 6, 2017 AND ORDER OF THE BOARD

[1] This was a Pre-hearing Conference (“PHC”) in the matter of an appeal by 500 Bloor Street Property Inc. (“500 Bloor”), 844 Bathurst Holdings Inc. (“844 Bathurst”), and 2538779 Ontario Inc. of a decision by the City of Toronto to adopt Official Plan Amendment No. 349 (“OPA 349 ”) and pass Zoning By-law Amendment No. 1283-2016 (“ZBLA”). The Amendments address land uses and built form within the Bathurst-Bloor Four Corners Character Area (“Four Corners”).

[2] Party status was granted on consent to three local residents’ groups: the Palmerston Area Residents’ Association, Harbord Village Residents’ Association; and Annex Residents’ Corporation. All three have been involved to various degrees in the lengthy studies and consultation that led to the adoption of OPA 349 and passage of the ZBLA.

[3] Party status was granted to the Residents’ Association for similar reasons. However, the Board's granting of party status to the Seaton Village Residents’ Association was withheld until such time as the Association confirms to the Board that it has been incorporated.

[4] Kalina Kim, a resident of the Four Corners, was granted Participant status on 3 PL170103

consent.

[5] The issues in this appeal are, at face value, site specific. 500 Bloor’s main interest is to ensure that OPA 349 and the ZBLA are consistent with City Council decisions on development applications for their site (due in October 2017). The concerns of 884 Bathurst are focused on height and density permissions, the removal of the “Avenue” designation from their site, and OPA 349 policies that direct intensification away from their lands and towards other lands within the Four Corners. The application of a 45 degree angular plane, and restrictions on storefront width and retail space, are the chief concerns of 2538779 Ontario Inc.

[6] Very generally, the residents’ groups support the planning instruments under appeal.

[7] The parties agree that the issues can be narrowed and scoped over the coming months and expressed their willingness to participate in Board-assisted mediation to achieve this.

[8] Counsel for 844 Bathurst noted that the OPA 349 appeal will likely engage similar facts, issues, and questions of law that are at issue in an appeal of Official Plan Amendment No. 246 (“OPA 246”) (PL1401074), which is currently adjourned.

[9] The City spoke of its interest in having the Board order the parts of OPA 349 and the ZBLA that are not contested by the parties into full force and effect.

[10] The parties requested that a further PHC be scheduled to discuss:

a. The effect of any decision by Council in respect of lands owned by 500 Bloor on its appeal. 4 PL170103

b. Whether and how the appeal can be consolidated or heard together with appeal of OPA 246 (see Rules 57-60 of the Board’s Rules of Practice and Procedure). c. A list of issues to be addressed by evidence at the hearing. d. The appropriateness of having the uncontested parts of OPA 349 and the ZBLA brought into full force and effect.

[11] The Board will accommodate the request and orders that a further PHC be scheduled for Thursday, January 4, 2018 at 10 a.m. The PHC will be held at:

Ontario Municipal Board 655 Bay Street, 16th Floor Toronto, Ontario

[12] In the interim, the Board directs 844 Bathurst to canvass the parties on the appropriate approach to consolidating or hearing the appeals together so that, in the event there is disagreement, there is sufficient time for motion materials to be filed in advance of the next PHC.

[13] The Board directs City to file notice with Board.

[14] The parties should be prepared to identify the issues.

[15] No further notice will be given.

[16] The Member is not seized.

[17] The Board notes that a preliminary mediation assessment was conducted immediately after the hearing.

5 PL170103

“Stefan Krzeczunowicz”

STEFAN KRZECZUNOWICZ 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