Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 20, 2021

CASE NO(S).: PL200219

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Dufcen Construction Inc.

Subject: Request to amend the Official Plan - Failure of City of Vaughan to adopt the requested amendment

Existing Designation: Community Commercial Mixed Use

Proposed Designated: Mid-Rise Residential

Purpose: To permit a 582 unit apartment and stacked townhouse residential development

Property Address/Description: 7850 Dufferin Street

Municipality: City of Vaughan

Approval Authority File No.: OP.17.013

LPAT Case No.: PL200219

LPAT File No.: PL200219

LPAT Case Name: Dufcen Construction Inc. v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Dufcen Construction Inc.

Subject: Application to amend Zoning By-law No. 1-88 - Refusal or neglect of City of Vaughan to make a decision

Existing Zoning: C7 Service Commercial

Proposed Zoning: RM2 Multiple Residential and RA3 Residential Apartment

Purpose: To permit a 582 unit apartment and stacked townhouse residential development

Property Address/Description: 7850 Dufferin Street

Municipality: City of Vaughan

Municipality File No.: Z.17.013

LPAT Case No.: PL200219

LPAT File No.: PL200220

Heard: June 22, 24 and 30, 2021 by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

Dufcen Construction Inc. ("Appellant") G. Borean

City of Vaughan ("City") R. Kehar and C. Tashos

Regional Municipality of York ("Region") S. Foster

7818 Dufferin Inc. ("7818 Inc.") P. Harrington and J. Pappas

Brownridge Ratepayers Association ("BRA") M. Racco*

INTERIM DECISION DELIVERED BY BRYAN W. TUCKEY AND K.R. ANDREWS AND ORDER OF THE TRIBUNAL

1The Tribunal convened a hearing of the merits in this matter. The Appellant owns property located at 7850 Dufferin Street, in the City of Vaughan ("subject lands"). The Appellant has appealed an Official Plan Amendment ("OPA") pursuant to s. 22(7) of the Planning Act and a Zoning By-law Amendment ("ZBLA") pursuant to s. 34(11) of the Planning Act because the City failed to make a decision on these applications.

2The Appellant submitted the OPA and ZBLA to the City in order to permit 140 stacked townhouse units, a 10-storey apartment building containing 168 units and a 12- storey apartment containing 274 units. Access to the subject property is a driveway from Dufferin Street.

3There are five remaining parties of record in this matter. All are represented for the duration of the hearing. The Toronto and Region Conservation Authority withdrew from these proceedings by letter on January 15, 2021.

PRELIMINARY MATTERS

Commencement of the Hearing – June 22, 2021

4On the first day of the hearing, the Tribunal was advised that the Appellant and most parties have made considerable progress to settle matters and many of the issues on the Issues List have been addressed and resolved. Counsel for the Appellant, Mr. Borean, in his opening statement explained that a series of Holding ("H") provisions have been agreed to in principle by all parties, save and except for Mario R