Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 05, 2022
CASE NO(S).: OLT-21-001178
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DK Broadview Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas
Proposed Designated: Site specific – to be determined
Purpose: To permit the development of a 16-storey building
Property Address/Description: 954-958 Broadview Avenue and 72 Chester Hill Road
Municipality: City of Toronto
Approval Authority File No.: 18 118403 STE 29 OZ
OLT Case No.: OLT-21-001178
OLT File No.: OLT-21-001178
OLT Case Name: DK Broadview 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: DK Broadview Inc.
Subject: Application amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Properties at 954-956 Broadview Avenue are zoned MCR (Main Streets Commercial Residential) T2.5 C0.5 R2.5 Property at 72 Chester Hill Road is zoned R2 (Residential) Z0.6, and 958 Broadview Avenue is zoned C(Commercial) under the former Township of East York Zoning By-law 6752
Proposed Zoning: Site specific – to be determined
Purpose: To permit the development of a 16-storey building
Property Address/Description: 954-958 Broadview Avenue and 72 Chester Hill Road
Municipality: City of Toronto
Municipality File No.: 19 125893 STE 14 OZ
OLT Case No.: OLT-21-001178
OLT File No.: OLT-21-001179
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DK Broadview Inc.
Subject: Application amend Zoning By-law No. 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Properties at 954-956 are zoned CR (Commercial Residential) 2.5 (c.0.5; r2.5) SS2 (x1578) Property at 958 Broadview Avenue CR (Commercial Residential) 2.7 (c.2.7; r1.0) SS2 (x1163) Property at 72 Chester Hill Road is zoned R (Residential) (d0.6) (x744)
Proposed Zoning: Site specific – to be determined
Purpose: To permit the development of a 16-storey building
Property Address/Description: 954-958 Broadview Avenue and 72 Chester Hill Road
Municipality: City of Toronto
Municipality File No.: 19 125893 STE 14 OZ
OLT Case No.: OLT-21-001178
OLT File No.: OLT-21-001180
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DK Broadview Inc.
Subject: Application amend Zoning By-law No. 6752 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Property at 958 Broadview Avenue is zoned C(Commercial) under the former Township of East York Zoning By-law 6752 and the properties at 954-956 Broadview Avenue are zoned MCR (Main Streets Commercial Residential) T2.5 C0.5 R2.5 and the property at 72 Chester Hill Road is zoned R2 (Residential) Z0.6 under former City of Toronto Zoning By-law 438-86
Proposed Zoning: Site specific – to be determined
Purpose: To permit the development of a 16-storey building
Property Address/Description: 954-958 Broadview Avenue and 72 Chester Hill Road
Municipality: City of Toronto
Municipality File No.: 19 125893 STE 14 OZ
OLT Case No.: OLT-21-001178
OLT File No.: OLT-21-001636
Heard: December 16, 2021 via video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| DK Broadview Inc. | C. MacDougall B. Smith |
| City of Toronto | R. Kallio |
| Chester Hill, Cambridge, Thorncliffe Residents’ Association | R. Kehar C. deSereville |
| Helliwell Place Residents’ Association | M. Haidelmayer* |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON DECEMBER 16, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was convened for appeals by DK Broadview Inc. (“Applicant”) to the absence of decisions by the City of Toronto (“City”) within the legislated timeframe on applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) affecting 954 – 958 Broadview Avenue and 72 Chester Hill Road (collectively, the “site”).
2This site of 0.47 hectares is located between the Don River valley to the west and Broadview Avenue to the east. The Applicant proposes to redevelop the site for a 14-storey residential tower, transitioning to a four-storey height on the west side. The building would contain 197 residential units and would incorporate the existing designated heritage features on the site.
3Having received no concerns for Notice of this CMC, the Applicant’s Affidavit of Service for Notice was marked as Exhibit 1.
PARTIES and PARTICIPANTS
4The statutory Parties are the Applicant and the City.
5Three requests for Party status and one request for Participant status were filed in advance of this CMC. As set out below, the Tribunal granted Party status to two requestors, and granted Participant status to the others.
6The Tribunal granted Party status to Chester Hill, Cambridge, Thorncliffe Residents’ Association (a single entity referred to here as “Chester Hill”) and to Helliwell Place Residents’ Association. These incorporated groups represent neighbourhoods in the immediate vicinity of the site, made submissions to the City on the OPA and ZBA, and have retained expert witnesses for these appeals. At the Applicant’s request, the Tribunal directed these groups to provide clarity on their areal extent and the addresses of members, with or without individual member names, at the discretion of the group.
7The Tribunal denied Chris Heron’s request for Party status, but after further discussion, did grant Mr. Heron Participant status. Mr. Heron did not make submissions on these applications during the City’s review process, his main issue relates to a related OPA 343, as already identified as an issue by Chester Hill, and Mr. Heron does not intend to call professional witnesses. Further, Mr. Heron is a member of Chester Hill. Participant status was granted in the event that Mr. Heron wishes to file in writing his individual perspectives on the issues. The timing for such submissions will be identified in the Procedural Order (“PO”) when approved.
8The Tribunal also granted Participant status at the request of York Condominium Corporation 104, being the owner of the residential building abutting the north side of the site.
9No other requests for Party or Participant status were received.
PROCEDURAL ORDER
10The Parties had exchanged Issues Lists at a level of detail sufficient to warrant the scheduling of the next CMC and the eventual hearing. The Parties will finalize the PO in advance of the next CMC, with a view to focussing the hearing on primary issues and avoiding duplication, while also remaining open to the possibility of mediation or settlement.
11The Applicant and City agree, without objection from the added Parties, that the approved portions of OPA 343 may be addressed contextually in the hearing but will not prejudice the Applicant’s case in this appeal. Further, the outcome here may be of assistance in addressing the Applicant’s separate appeal to OPA 343.
12As directed by the Tribunal, the Applicant agreed to provide the final draft PO to the Tribunal 14 days before the next CMC, preferably on consent of the Parties or with any disputed issues identified. Approval of the PO will be considered at the next CMC.
NEXT CMC and HEARING
13The next CMC will be held by video conference on Tuesday, April 26, 2022 at 10 a.m. No further notice will be given.
14Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
15Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
16Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373. The access code is 687-587-165.
17Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
18The Hearing will be held for nine days by video conference commencing on October 31, 2022 at 10 a.m. No further notice will be given. Please follow paragraphs [14] through [17] above to connect to the hearing.
ORDER
19The Tribunal’s rulings and directions as set out above are so Ordered.
20This Member is not seized, but may be contacted through the Case Coordinator should issues arise.
“S. Tousaw”
S. tousaw
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.