Ontario Municipal Board Commission des affaires municipales de l’Ontario

ISSUE DATE: December 28, 2016 CASE NO(S).: PL140111 PL140914

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

Applicant and Appellant: Silvercore Properties Inc. Subject: Request to amend the Official Plan - Failure of the City of to announce a decision on the application Existing Designation: Mixed Use Areas and Neighbourhoods Proposed Designation: Site Specific (To be determined) Purpose: To permit the construction of residential/retail/office development with buildings of 28, 36, 36, and 44 storeys in height Property Address/Description: 5799-5915 , 45, 53 Cummer Avenue Municipality: City of Toronto Approval Authority File No.: 11 287471 NNY 24 OZ OMB Case No.: PL140111 OMB File No.: PL140111 OMB Case Name: Silvercore Properties 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: Silvercore Properties Inc. Subject: Amendment to Zoning By-law No. 7625 -- Failure of the City of Toronto to announce a decision on the application Existing Zoning: C1, R4 Proposed Zoning: RM6 Purpose: To permit the construction of residential/retail/office development with buildings of 28, 36, 36, and 44 storeys in height Property Address/Description: 5799-5915 Yonge Street, 46, 47 Averill Crescent Municipality: City of Toronto 2 PL140111 PL140914

Municipal File No.: 11 287471 NNY 24 OZ OMB Case No.: PL140111 OMB File No.: PL140112

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Silvercore Properties Inc. Subject: Proposed Plan of Subdivision - Failure of the City of Toronto to announce a decision on the application Purpose: To permit the construction of residential/retail/office development with buildings of 28, 36, 36, and 44 storeys in height Property Address/Description: 5799-5915 Yonge Street, 46, 47 Averill Crescent Municipality: City of Toronto Municipal File No.: 11 287481 NNY 24 SB OMB Case No.: PL140111 OMB File No.: PL140113

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Silvercore Inc. Subject: Proposed Official Plan Amendment No. 249 Municipality: City of Toronto OMB Case No.: PL140914 OMB File No.: PL140914 OMB Case Name: Silvercore Inc. v. Toronto (City)

Board Rule 107 states:

107. Effective Date of Board Decision A Board decision is effective on the date that the decision or order is issued in hard copy, unless it states otherwise.

Pursuant to Board Rule 107, this decision takes effect on the date that it is e-mailed by Board administrative staff to the clerk of the municipality where the property is located.

Heard: November 21, 2016 in Toronto, Ontario 3 PL140111 PL140914

APPEARANCES:

Parties Counsel*/Representative

Silvercore Properties Inc. J. Dawson* and M. Foderick*

City of Toronto R. Kallio*

Participants

Silverview Community A. Brooke Association

Aldo Di Felice

Richard Greening

MEMORANDUM OF ORAL DECISION DELIVERED BY H. JACKSON ON NOVEMBER 21, 2016

[1] Silvercore Properties Inc. (the “Applicant”) made applications to the City of Toronto (the “City”) for an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBLA”), and a Draft Plan of Subdivision, as described above, to construct a mixed use residential/retail/office development with buildings of 28, 36, 36, and 44- storeys in height as described above. The Applicant also appealed the City of Toronto OPA No. 249 in relation to this site.

[2] The City and the Applicant have reached a settlement in principle that was endorsed by City Council in July 2015. However, the implementation of the settlement has been complex. The