In order to assist with a transparent information sharing process with respect to this matter, the following update has been prepared for your consideration.
Update Information on 716 Gordon
• Current status – The planning applications are currently being dealt with in the context of the applicant’s appeal to the Ontario Municipal Board. The application is working its way through the OMB process and the first pre-hearing Is now scheduled for April.
• New Information to be filed by Applicant – Through recent discussions between the applicant’s Legal Counsel, Ira Kagan and the City’s outside Legal Counsel, Peter Pickfield, City staff have learned that substantial additional information is being prepared by the applicant with respect to the application. The applicant intends to file this information with the City for review in early April. While not confirmed by the applicant, it is possible the new information could include changes to the design of the proposed development. This is in addition to outstanding information and clarification that staff have requested based on their review of the application so far.
• Need to Delay Completion of Planning Report – Originally, it was anticipated that a report would be considered by Council in March. However, given that the applicant has advised that it is providing a substantial amount of new information, it would not be cost-effective or useful to complete a detailed planning review until the new information, and any potential changes to the design of the development are received and considered. We recommend that the Planning report to Council on this project should wait until the applicant had submitted the additional information.
• Process for Reviewing the Application – Here is the process that Staff is proposing be carried out to complete the City`s review of this matter in the context of the OMB pre-hearing process:
1. City staff will complete its planning review when it has received and reviewed the new package of information to be provided by the applicant.
2. Once this is review is complete, a full planning report and recommendations will be publically circulated and presented to Council. When the report with a recommendation does go forward to Council, Public Notice will be provided to all those people that signed in at a previous public meeting or provided written correspondence regarding the applications. It should be noted that the individual who has been emailing the Mayor, Joanne Schinbein, is on the notification list.
3. Based on this, Council will make a decision on the position it will take at the Ontario Municipal Board hearing on the applications.Note that the City no longer has approval authority over these applications as they have been appealed to the OMB. The objective will therefore be to ensure a transparent process that mirrors the normal decision process for planning applications before City Council, recognizing the limitations in achieving this due to the fact that the matter is now under the auspices of the OMB hearing process.
• OMB Pre-hearing – The OMB has scheduled the first pre-hearing conference for April 19, 2012. The purpose of the pre-hearing is procedural to discuss procedural dates, exchange of information, and set dates for future pre-hearings and, possibly, the hearing itself.
• City Approach to First Pre-hearing – At this first pre-hearing, the City will be advising the Board that it is not yet able to provide its position on the application. The reason for this are: (1) the applicant chose to appeal the application to the Board before the matter could come forward to Council for a decision; and (2) the City will not have had an opportunity to complete its planning review given the fact that substantial new information will have just been submitted by the applicant. The City will be seeking to ensure that there is enough time, before the next prehearing, for the City to complete the planning review process described above and come to a position on the development applications.
The above information is not confidential, and may be used for public communications purposes. In addition, we would also like to note that though our external lawyer, Peter Pickfield, we have strongly urged the applicant to seriously consider improving information-sharing with the residents group and approach information-sharing with the City and the residents as separate and equal parties to the process. Staff