Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 16, 2022
CASE NO(S).: OLT-22-004049
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: NJS Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: to permit a 348-unit residential apartment building
Reference Number: OP.21.023
Property Address: 3836-3850 Major Mackenzie Drive W
Municipality/UT: Vaughan/York
OLT Case No: OLT-22-004049
OLT Lead Case No: OLT-22-004049
OLT Case Name: NJS Developments Inc. v. Vaughan (City.)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to permit a 348-unit residential apartment building
Reference Number: Z.21.047
Property Address: 3836-3850 Major Mackenzie Drive W
Municipality/UT: Vaughan/York
OLT Case No: OLT-22-004050
OLT Lead Case No: OLT-22-004049
Heard: November 9, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| NJS Developments Inc. | Steven C. Ferri |
| City of Vaughan | Candace Tashos |
| Region of York | Bola Ogenmefun |
| G Group Major Mackenzie Inc. | Andrea Skinner |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON NOVEMBER 9, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is the first Case Management Conference (“CMC”) conducted in respect to Appeals by NJS Developments Inc. (the “Appellant”) pursuant to s. 22(7) and s. 34(11) of the Planning Act against the City of Vaughan’s (the “City”) failure to make a decision within the statutory time frames regarding the Appellants’ Official Plan Amendment (the “OPA”) and Zoning By-law Amendment (the “ZBA”) applications.
2The Tribunal marked the Affidavit of Service of the Notice of the CMC sworn by Roberta Green dated October 7, 2022, as Exhibit 1 to the Hearing.
BACKGROUND AND AREA CONTEXT
3The Subject Lands are municipally known as 3836 and 3850 Major Mackenzie Drive West, Vaughan.
4The effect of the two planning instruments under appeal is to permit a tiered 2 to 12 storey residential apartment building with a total of 348 units. The OPA would allow the Subject Lands to be redesignated from the current “Low-Rise Residential” and “Low-Rise Mixed-Use” with a maximum height of four storeys and a maximum Floor Space Index (the “FSI”) of 1.5 times the lot area to a “Mid-Rise Residential” designation with a maximum height of 12 storeys and a FSI of 2.78 times the lot area. The ZBA would allow a portion of the Subject Lands to be rezoned from “RR Rural Residential Zone” with site specific exceptions and “RT1 Residential Townhouse Zone” to “RA3 Apartment Residential Zone”. Portions of the Subject Lands would also be rezoned to “RM3 Multiple Unit Residential Zone”.
PARTY AND PARTICIPANT STAUTES REQUESTS
5The Tribunal received Party requests in advance of the CMC from the Region of York and G Group Major Mackenzie Inc. Both were granted party status on consent. G Group Major Mackenzie Inc. represents an abutting land-owner (3812 Major Mackenzie Drive, City of Vaughan) who currently has a similar appeal before the Ontario Land Tribunal. Their proposed development contemplates a coordinated redevelopment in partnership with the Appellant’s Subject Lands.
6The Tribunal also received the following as Participant Requests prior to the CMC:
7Vellore Woods Ratepayers Association (which included Manuela Pedano, Vito Pedano, Valeria Mitsubata and Elvira Caria as they had all submitted separate participant requests under the Vellore Woods Ratepayers’ Association), John Harvey and Michele Williamson
PROCEDURAL ORDER AND ISSUES LIST
8A draft Procedural Order and Issues List was received by the Tribunal in advance of the CMC. The Parties are working cooperatively to finalize the draft Procedural Order and Issues List, for a 15-day hearing, to present to the Tribunal at the second CMC for consideration.
OPPORTUNITIES FOR MEDIATION
9The Parties were asked if there was an opportunity for settlement discussions. The Tribunal was informed that discussions are ongoing and the Tribunal would be advised of the progress of these discussions at the next CMC. Mediation would not be needed at this time.
SCHEDULING OF THE NEXT CMC AND THE HEARING OF THE MERITS
10The Tribunal has scheduled a second CMC to commence on Tuesday, February 21, 2023, by video hearing at 10 a.m.. The hearing details are as follows:
Tuesday, February 21, 2023 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901
Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889
Audio-only access code: 914-098-901
11A fifteen-day hearing will commence from Monday, June 5, 2023 to Friday June 23, 2023, by video hearing at 10 a.m.
Monday, June 5, 2023 to Friday, June 23, 2023 at 10 a.m. GoTo Meeting: https://meet.goto.com/558205565
Access code: 558-205-565 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 558-205-565
12Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
13Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16That a second CMC will commence at 10 a.m. by video hearing on Tuesday, February 21, 2023. The Tribunal directs that the Parties present a finalized draft Procedural Order and Issues List for the Tribunal’s consideration.
17That a 15-day hearing will commence at 10 a.m. by video hearing on Monday June 5, 2023 to Friday June 23, 2023.
18No further notice will be given.
19The Member is not seized.
“S. deBoer”
S. deBOER
MEMBER
Ontario Land Tribunal
Website: 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.