Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 15, 2021
CASE NO(S).: PL210157
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: 1972380 Ontario Limited and 1219414 Ontario Limited
Subject: Site Plan
Property Address/Description: 434 and 480 Steeles Avenue West
Municipality: City of Vaughan
OLT Case No.: PL210157
OLT File No.: PL210157
OLT Case Name: 1219414 Ontario Limited v. Vaughan (City)
Heard: November 9, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
1972380 Ontario Limited and
Alan Heisey
1219414 Ontario Limited (“Appellant”)
City of Vaughan
Effie Lidakis
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON NOVEMBER 9, 2021 AND ORDER OF THE TRIBUNAL
1The Appellant has submitted a site plan application to the City of Vaughan to permit the development of both 434 and 480 Steeles Avenue West with a new Jaguar/Land Rover car dealership building, associated parking and loading area while retaining the existing BMW AutoHaus dealership building.
2The Tribunal issued an Interim Order dated September 20, 2021, approving the plans and drawings as submitted, subject to minor revisions.
3The Final Order of the Tribunal was to be withheld until a number of conditions were satisfied, listed briefly as follows:
confirmation that 434 and 480 Steeles Avenue West have merged;
the Owners are to execute and deliver a Letter of Undertaking prior to their corporate amalgamation;
the Owners are to submit a fully executed retainer agreement to prepare a Record of Site Condition;
submit a draft reference plan of survey for the right-of-way transfer; and
execution of the Site Plan Agreement.
4Mr. Heisey advised the Tribunal that the reference plan has been finalized and submitted with the approval of both the City of Toronto and the City of Vaughan.
5Mr. Heisey further advised the Tribunal that the final drawings with minor revisions requested by the City of Toronto have been submitted to both Cities. Upon approval of the drawings by both the municipalities, the site plan agreement can be executed and the amalgamation of the two separate entities can be undertaken.
6Ms. Lidakis confirmed her agreement with the above, and confirmed that the revised plans had been received and were in circulation at the City of Vaughan.
7On consent of the Parties, a further telephone conference call be scheduled with counsel on Thursday, December 2, 2021 at 9 a.m. to confirm that all Parties are satisfied and that a Final Order may be issued.
ORDER
8The Tribunal directs that a telephone conference call is scheduled for Thursday, December 2, 2021 at 9 a.m. with counsel to confirm that all Parties are satisfied and that a Final Order may be issued.
9Individuals are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the persons participating in the call to ensure that they are properly connected to the call at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10The Tribunal further orders that the City of Toronto provide their approval or comments on the revised plans as submitted by no later than November 23, 2021.
11This Member is not seized, but may assist with case management, schedules permitting.
12No further notice will be given.
“T. Prevedel”
T. PREVEDEL
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.