On April 23, the originally scheduled Contested Hearing at LPAT (formerly OMB) on this development was converted to a Settlement Conference because the remaining two objecting Party’s had withdrawn. However, the Settlement is conditional on the City’s Transportation Services staff being satisfied the the proposed development will not generate any unacceptable traffic impacts on the immediate neighbourhood.

The key concern here is that the developer is thus far unwilling to have any restrictions placed on the size of stores that could occupy the very large 50,000 sq. ft. of commercial space that will be available.  In fact, in its updated traffic study, Plazacorp has indicated that the lower level could be occupied by a mid-size supermarket which would likely generate a great deal more traffic every day than a typical mix of smaller stores.  There has been no further word from City Hall on this issue since April 23, but check here for further updates.

Meanwhile, the BWVRA is pleased to report that as a result of separate consultations with City and the developer’s Landscape Architect, an attractive landscape feature / public space has been designed for the corner of Bloor Street and Riverview Gardens.  This was the only other outstanding item that the BWVRA wanted addressed before this development proceeds, and our thanks are due to former Councillor Doucette and current Councillor Perks for their help in facilitating the very positive outcome. 

Since the first Pre-hearing Conference at the OMB last September, two revised “without prejudice” proposals have been presented to the Parties by the developer. The BWVRA Board of Directors was particularly encouraged by the latest version provided in March, in which there were very significant reductions in the building height and massing. As is the case with all “without prejudice” proposals in a negotiation, the substance of these proposals remains confidential between the Parties. However, the developer, apparently assuming that it is close to arriving at a scheme that the various Parties (including the BWVRA) will find acceptable, has recently submitted an application for Site Plan Approval to the City. As a quick reference, the two architect’s perspectives below have been extracted from this submission:

Why is this significant? The Site Plan application drawings, which very closely resemble the most recent “without prejudice” proposal, are now on the public record, and by reviewing these drawings you should have a good understanding of how the negotiations have progressed to this point.

From the perspective of the BWVRA Board, the most important improvements in the current proposal, as compared to the initial submission to City Planning that also remains under appeal at the OMB, are:

  • The average overall height of the building has been reduced from approximately 47 m. to 35 m., or the equivalent of 4 residential floors (this is just marginally higher than the 32 m. height approved back in 2008 for the original Humber Theatre proposal)
  • The gross floor area has been reduced from 31, 645 sq. m. to 28, 596 sq. m.
  • There are approximately 44 fewer condo units.
  • There are 87 fewer underground parking spaces.

While these revisions represent the very substantial progress that has been made toward a potential settlement, the following issues remain to be resolved:

  • Minimizing potential traffic impacts on the neighbourhood
  • Neighbourhood concerns about pedestrian safety and excessive wind impacts at the corner of Riverview Gardens

In the mean time, your feedback continues to be very important, and we welcome any thoughts you may have on the current proposal as reflected on the Site Plan drawings.

It’s been awhile since we’ve posted an update on the Humber Theatre Proposal, but that doesn’t mean the BWVRA hasn’t been busy!  Quite the opposite!  Your Association, along with the four other parties to the proceedings, has had several productive discussions with the developer.  Progress is being made and there is optimism that a negotiated settlement may be within reach.  The developer has been meeting with us on a “without prejudice” basis which means, unfortunately, we are unable to make any public disclosure of our progress.  We’re hopeful that we’ll be in a position to provide more details in time for our Annual General Meeting on May 10th, which will feature one of our always successful Candidate Debates, in advance of the upcoming Provincial Election.  We thank you again for your continuing support!

The 2nd Pre-Hearing Conference took place last week on February 8th, at which representatives for the developer and the five Parties to the Appeal, reiterated their interest in a Board-assisted Mediation process.  However, the presiding Board Member, citing the current overwhelming workload and lack of capacity at the OMB, was once again unable to offer a date for this to take place.  Even more significantly, no assurances were given that the Board would be able to assist in Mediation within the foreseeable future.  Instead, the Board Member offered a 3rd Pre-Hearing Conference scheduled for June 28th, 2018.

Plazacorp’s lawyer then declared that his client would be willing to engage in discussions directly with the five Parties in an effort to converge on a revised proposal that would be satisfactory to everyone prior to June 28th.  Should this initiative succeed, the expectation is that the 3rd Pre-Hearing Conference could then be converted to a Settlement Hearing.  If no agreement is reached by then, the Developer could request more time for informal negotiations, ask again for an OMB-assisted Mediation or, as a last resort, request a date for a Contested Hearing.

In view of the inability of the OMB to assist in a negotiated settlement, BWVRA remains cautiously optimistic that frank and productive discussions will take place with the Developer over the next several months.  To help facilitate this dialogue, our Association will also be reaching out to the Swansea Area Ratepayers Association (SARA) to explore issues that we have in common, and if possible, present a united front on behalf of all the residents of Bloor West Village.

 

 

In the meantime, you may have noticed the new “You Asked?” section on our website, where we share frequently asked questions and responses to them. We continue to encourage your feedback which is crucial to informing the positions your Association will be representing in the up-coming negotiations.

  • If you aren’t already a member in good standing, please consider joining
  • Donate to help us reach our new target of $30,000
  • Attend the fundraiser preview performance of the mystery play “Tainted Justice” at the Village Playhouse on March 1st, 8:00 PM

Why is the BWVRA concerned only with the height and bulk of the proposed Humber Theatre development and not with the quality of the building architecture?

Our Association is acutely aware of the opportunity this highly visible location at the western end of the Village presents for a special landmark building incorporating distinctive architecture and high quality exterior finishes.  Unfortunately the Planning Act of Ontario, that sets out the rules for regulating new development, provides our City Planners with very limited authority, and no effective opportunities for residents, to influence the architectural details and the quality of the finishes on any given proposal.  Therefore, these important aspects of a development are left almost entirely to the discretion of the proponent.

However, the Planning Act does empower municipalities, communities within them as well as individual residents, with considerable latitude to influence the ultimate built form of new developments.  Therefore, this is what decisions to approve or not approve, at both City Council and the OMB, are usually all about. So that is where BWVRA focuses its efforts, when we believe that a proposed re-development does not respect the pedestrian-friendly scale and mid-rise context of Bloor West Village.

Our goal of $20,000 has been achieved!

On behalf of the Bloor West Village Residents Association, we are very pleased to announce that we have achieved our goal of $20,000 by January 31st!  In the past week we received an additional twenty donations that took us over the top!  This money will be crucial in helping to cover the costs leading up to next week’s OMB Hearing and beyond.  Thank you, once again, to everyone who has stepped up and supported us in the campaign to date!

The High Park Community Alliance (HPCA) has been informed that the Ontario Municipal Board has scheduled pre-hearing conferences with:

  • GWL: Wednesday, January 31st, 2018 at 10:00AM
  • Minto: Thursday, February 8th, 2018 at 10:00AM

They will take place at the:

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

HPCA has contacted legal counsel to represent our organization at these important pre-hearing conferences which deal with preliminary and procedural matters, including:

  • Identification of parties
  • Identification of participants
  • Identification of issues
  • Possibility of settlement of any or all the issues
  • Start date of the hearing
  • Duration of the hearing
  • Directions for pre-filing of witness lists, expert witness statements and written evidence.
  • The hearing of motions
  • Such matters as the Board considers appropriate

For more information, read the OMB Pre-hearing Conference Info Sheet.  It is important to note that the OMB’s notices state: “If you do not attend the pre-hearing conference, the Ontario Municipal Board may proceed in your absence and you will not be entitled to any further notice of these proceedings.”  As noted above, HPCA will be participating in these important pre-hearings.

Individuals are also welcome to attend and will have the opportunity to register as either “parties or participants” at the actual hearings.  For more information, read the OMB “Parties and Participants” Info Sheet

We will be discussing strategy/planning for the pre-hearings at the:

HPCA Annual General Meeting
Tuesday, January 23rd at 7:00PM
Grenadier Retirement Residence
2100 Bloor Street West

We hope you will be able to attend.

The first Pre-hearing Conference was held on September 28, 017, during which a number of Parties and Participants were identified and registered by the OMB.  As importantly Plazacorp, the developer, asked for Mediation but did not request an alternative date for a Contested Hearing, should Mediation fail.  BWVRA has interpreted this as positive sign, that the applicant would like to expedite a negotiated settlement; however, with an unusually large number of five Parties being involved, and with many divergent interests to address, this is not expected to be easy.

In the mean time, through consultations with our Members and with the advice of our Lawyer and Planner, we have been preparing to be able to clearly articulate the community’s interests when further negotiations, and possibly formal OMB Mediation, take place.  Negotiated settlements are usually dependent on all of the Parties narrowing down their focus to two or three key issues that matter to them most. From the perspective of BWVRA, these are as follows:

  • The proposed building is much too high, bulky and out-of-scale for the location,
  • Predicted shadow impacts on the adjacent neighbourhood are unacceptable
  • Wind tunnelling is already a concern at street-level, and the additional impacts of the proposed building need to be understood and properly addressed.

Our next date with the OMB is the second Pre-hearing Conference scheduled for February 7, 018.  Watch for further updates, before and immediately after that date, on the progress of informal negotiations that may take place, along with the scheduled date for Mediation, should this step be needed.

A big victory for residents of Bloor West Village yesterday when Toronto City council voted unanimously to oppose Plaza Corp’s proposed development at the site of the Humber Theatre!  Thank you Sarah Doucette (@DoucetteWard13) for your leadership!  We’re now two months away from mediation with the OMB and residents support will be crucial to a successful outcome: follow our page to stay informed as to how you can help.

The Bloor West Village Residents’ Association is a group of resident volunteers committed to fostering a well-balanced and liveable community, both now and into the future. Our neighbourhood is currently facing an urgent challenge with a proposed development on the site of the Humber Theatre.

The Theatre sits on a landmark site with most of the stores now empty and windows papered over, awaiting development. Renewal of this block is urgently needed and the BWVRA supports responsible re-development that respects the existing scale and character of the immediate neighbourhood.

Read More

At the Community Council Meeting on Tuesday, November 14th, Sarah Doucette, along with representatives from the BWVRA and the community, rallied her fellow Councillors in support of a motion to have City Planning and City Legal oppose, at the OMB, the development that’s been proposed for the Humber Theatre site.  The next step will be to have this Motion passed by City Council at their Meeting on December 6th.  Then it’s on to a second Pre-Hearing at the OMB, scheduled for February 7th, that hopefully will lead to a Mediation session rather than a full Hearing.

If you’d like a lawn sign showing your support of our involvement, please send an email to info@bwvra.ca

Proposed Humber Theatre Re-development

On September 28th, the first Pre-hearing Conference at the Ontario Municipal Board offices in Toronto was held regarding the proposed Humber Theatre re-development. During this meeting, all of the Parties and Participants, who have an interest in the proceedings, were identified and the next steps were proposed and agreed upon. The Bloor West Village Residents Association was very capably represented by our legal counsel Paul DeMelo, a highly regarded lawyer at OMB proceedings. We have also retained David Butler, a noted Professional Planner in Toronto, who also brings many years of experience to our team.

It now seems to be common practice at Pre-Hearing Conferences for the OMB to encourage the Parties to explore the potential for “Mediation” as an alternative to a much more involved and costly “Contested Hearing”. Very often the Parties will agree but the Developer will usually also ask for a Hearing Date, should Mediation fail. However, in this case, it was very encouraging that Plazacorp did not make such a request. Instead, it was agreed there will be a second Pre-Hearing Conference on February 7th, 2018, with the understanding that this will lead to Mediation in the Spring, 2018.

In the mean time, our expectation is that the Developer will make a sincere effort to reach out to and consult with all of the Parties and other concerned representatives of the community. Our Association is mobilizing quickly to be a constructive voice for the community when these consultations begin.

But we need YOUR input ….on the kind of re-development the BWVRA should be advocating for on this site!
So please save the date October 30th, 7:00 pm, for a Community Meeting at the Humbercrest United Church Hall on Baby Point Road, just north of the development site.