Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 09, 2023
CASE NO(S).: OLT-22-004296
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 415 Broadview GP Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit 8-storey tower on top of an existing church building
Reference Number: 21 251348 STE 14 OZ
Property Address: 415 Broadview Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004296
OLT Lead Case No.: OLT-22-004296
OLT Case Name: 415 Broadview GP 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: 415 Broadview GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 8-storey tower on top of an existing church building
Reference Number: 21 251348 STE 14 OZ
Property Address: 415 Broadview Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004297
OLT Lead Case No.: OLT-22-004296
Heard: April 20, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
415 Broadview GP Inc.
Rodney Gill
David Bronskill (in absentia)
City of Toronto
Matthew Longo
Colin Dougherty (in absentia)
Neighbourhood Coalition of Lower Riverdale (“NCLR”)
Tom Grant*
Mark Sheeley*
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS Smith AND P. TOMILIN ON April 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) with respect to an appeal filed by 415 Broadview GP Inc. (“Appellant”) regarding the failure of the City of Toronto (“City”) to make a decision within the timeframe prescribed in the Planning Act, on an application for Official Plan Amendment (“OPA”) and application to Amend the Zoning By-law (“ZBA”) relating to the property municipally known as 415 Broadview Avenue (“Subject Property”).
2The purpose of the CMC is to provide the Tribunal with an update from the Parties and to schedule a third CMC.
3Since the previous CMC the Parties had an opportunity to discuss the concerns and issues of the proposed development. The Appellant is in the process of revising the proposed development plan and will be providing same to the City and NCLR on a without prejudice bases.
4The Appellant and the City informed the Tribunal that the Subject Property has been designated as a Heritage Designated site since the previous CMC. The City noted that the designation has not been appealed.
5The Parties requested a third CMC to allow time to produce a draft Procedural Order, scoped Issues List and to schedule a hearing of the merits.
6The third CMC to this matter is scheduled to proceed by video on Wednesday, June 28, at 10 a.m.
7Parties 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://meet.goto.com/558205565
Access code: 558-205-565
8Parties 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
9Persons 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 or Toll-Free 1-888-299-1889. The access code is 558-205-565.
10Individuals 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 CMC 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.
ORDER
11THE TRIBUNAL ORDERS that the Parties shall submit a draft Procedural Order and Issues List on or before Wednesday, June 21, 2023 to the Tribunal.
12The TRIBUNAL ORDERS that a CMC be scheduled on Wednesday, June 28, 2023 at 10 a.m. by video hearing as set out above.
13No further notice will be given.
14The Panel is not seized of this matter.
“Kurtis Smith”
Kurtis Smith
Member
“P. Tomilin”
P. TOMILIN
MEMBER
Ontario Land Tribunal
Website: www.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.