First OMB Order
MEMORANDUM OF ORAL DECISION DELIVERED BY D. R. GRANGER ON APRIL 22, 2010 AND ORDER OF THE BOARD
This is the first Pre-hearing Conference regarding the appeal by 224 King West Inc. (Applicant) from the refusal of the Council of the City of Toronto (City) to enact an amendment to By-law 438-86, as amended, (By-law) to permit the development of a 45 storey mixed-use building (Proposal) at 224 King Street West between Simcoe Street and Ed Mirvish Way and backing onto Pearl Street to the north (Subject Property). The Subject lands are designated Regeneration Areas in the applicable City Official Plan (OP)/King-Spadina Secondary Plan and zoned Reinvestment Area in the By-law. The By-law Amendment is necessary for the increase in height and other specific development standards, including parking and loading, to be applied. A Site Plan application has been filed with the City and referred to the Board. Without objection, the Board consolidates the Site Plan referral with the By-law Amendment appeal. Without objection, the Board recognizes the above listed Parties and Participants as the Parties and Participants to the hearing. Creative Restaurants Consultants Limited (220 King), owner of 220 King Street West abutting the subject property to the east, and 214 King Holdings Limited (214 King), owner of 214 King Street West abutting 220 King to the further east, are opposed to the Proposal. They are concerned with the potential prejudicing of the future redevelopment of its properties. The Toronto Entertainment District Business Improvement Area (TEDBIA) is opposed to the Proposal based on the development review undertaken by the City. K. Crescenzi and B. Powell are residents of an existing condominium apartment building located at 71 Simcoe Street. Their concerns include the impact of the Proposal on the historical aspects of the area. Ed Mirvish Enterprises Limited (Royal Alexandra), owner of the Royal Alexandra Theatre abutting to the west of the Subject Property, is in support of the Proposal. The Parties have agreed to a Draft Procedural Order presented as Exhibit No. 2 as it relates to the commencement and length of the hearing as well as dates for the exchange of and response to the evidence to be relied upon at the hearing. The hearing of the appeal will commence on Tuesday, October 12, 2010, at 10:00 a.m. at the Ontario Municipal Board, 655 Bay Street, 16th Floor Hearing Room, Toronto, Ontario. Up to four (4) weeks have been scheduled. No further notice is required. A final Procedural Order will issue separately. Counsel for the Applicants will consolidate and circulate a final Procedural Order on or before May 7, 2010. All Parties will endeavour to resolve the final Procedural Order, including final issues regarding the By-law appeal and preliminary issues regarding the Site Plan referral by consensus. The Parties acknowledge that the final issues regarding the Site Plan referral will be added to the Procedural Order as an addendum by an appropriate date to be agreed between the Parties. If difficulties arise, the Board may be spoken to and a telephone conference call may be scheduled if necessary. This Board Member will continue with the management of these appeals up to but not necessarily including the hearing. The Board strongly encourages the efforts of the Parties and Participants to maintain open communications towards the further focusing and/or settlement of the issues in dispute. The Board will consider providing alternative dispute resolution in the form of mediation at the formal request of the Parties. The Board so Orders. “D. R. Granger”D. R.
