Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 23, 2022
CASE NO(S).:
OLT-22-004122
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Auto Complex Ltd.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Purpose:
To permit medium and high density development blocks, a public park and network of public streets
Property Address:
7200 Yonge Street
Municipality:
City of Vaughan
Municipal File No.:
OP.22.001
OLT Case No.:
OLT-22-004122
OLT Lead Case No.:
OLT-22-004122
OLT Case Number:
Auto Complex Ltd. 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:
Auto Complex Ltd.
Subject:
Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose:
To permit medium and high density development blocks, a public park and network of public streets
Property Address:
7200 Yonge Street
Municipality:
City of Vaughan
Municipal File No.:
Z.22.004
OLT Case No.:
OLT-22-004123
OLT Lead Case No.:
OLT-22-004122
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Auto Complex Ltd.
Subject:
Proposed Plan of Subdivision – Failure of City of Vaughan to make a decision
Purpose:
To permit medium and high density development blocks, a public park and network of public streets
Property Address:
7200 Yonge Street
Municipality:
City of Vaughan
Municipal File No.:
19T-22V001
OLT Case No.:
OLT-22-004124
OLT Lead Case No.:
OLT-22-004122
Heard:
October 18, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Auto Complex Ltd.
S. Rosenthal S. Lampert
City of Vaughan
R. Kehar E. Lidakis
Mizrahi Constantine (180 SAW) Inc.
A. Whyte Q. Annibale and B. Ruddick in absentia
Development Group (100 SAW) Inc.
M. Helfand T. Halinski and S. Tomasello in absentia
72 Steeles Holding Limited; and 7040 Yonge Holdings Limited, collectively, Humbold Properties
C. Barnett
Yonge Steeles Landowners Group Inc.
I. Kagan S. Kagan J. Park and K. Stitt in absentia
Yonge & Steeles Developments Inc.
C. Tanzola D. Artenosi and N. Ast in absentia
390 Steeles West Holdings Inc.; 398 Steeles Avenue West Inc.; and Associated Vaughan Properties Limited
P. Pinho M. Flynn-Guglietti and K. Sutton in absentia
Regional Municipality of York
B. Ogunmefun
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON OCTOBER 18, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in the matter of appeals by Auto Complex Ltd. (“Applicant/Appellant”) from the failure of the City of Vaughan to adopt an Official Plan Amendment (“OPA”), and the failure to make a decision on an application for a Zoning By-law Amendment (“ZBA”), and a Draft Plan of Subdivision (“Draft Plan”) for the property located at 7200 Yonge Street (the “subject lands” / “property”), and legally known as Part of Lots 10, 12 and 13 on Registrar’s Compiled Plan 9685 in the City of Vaughan (“City”), Regional Municipality of York.
2The subject lands are generally located north of Steeles Avenue West on the west side of Yonge Street directly south of the CN railway corridor. The property has an area of approximately 7.36 hectares and maintains approximately 20 metres (“m”) of frontage, each on Yonge Street and Powell Road. The property is currently occupied by automobile dealerships and an auto repair facility, all having surface parking areas that are accessed by a network of internal driveways.
3The proposed Draft Plan effects the subdivision of the subject lands to create a medium density residential development block; a mixed-use high density development block; a public park block and a network of public streets. The medium density and mixed-use high density blocks will provide a combined total of 4,742 residential units. The public park block is currently proposed to be approximately 0.95 ha in area.
4The medium density residential development block is proposed for the western portion of the property and is planned to contain mid-rise built forms, including townhouses and mid-rise residential buildings (approximately 937 units).
5The mixed-use high-density development block is proposed for the eastern portion of the property adjacent to Yonge Street and is anticipated to contain approximately 3,805 residential units shared between seven residential towers having heights up to 55 storeys, as well as approximately 8,119 square metres of non-residential gross floor area to accommodate retail, commercial, and community uses in a range of podium spaces.
6The Tribunal received seven (7) Party Status Request Forms in advance of the CMC; all requests were granted without objection and are listed under the appearances section of this Decision.
7A Participant Status Request Form submitted by Morguard Corp and represented at the CMC by Mark Bradley, was also approved without objection. Morguard owns the property located at 7120 Yonge Street and immediately south of the subject lands. Morguard has an interest in a proposed new east/west public road to be created as part of the proposal and intends to monitor the hearing.
8A request for Participant Status submitted by Henry Polvi was denied as a result of his non-attendance at the CMC.
9Ms. Rosenthal confirmed her client is continuing to work with the City towards resolving the issues and it is to be expected that some changes will be made to the Draft Plan.
10At the request of the parties, a one (1) day video CMC has been scheduled on Wednesday, June 14, 2023 beginning at 10 a.m.
11Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Audio-only telephone line:+1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 519-389-173
12Further, a fourteen (14) day hearing has been scheduled beginning on Tuesday, November 14, 2023 beginning at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/719383509
Audio-only telephone line:+1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 719-383-509
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 at: 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 provided above.
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.
16The Draft Procedural Order submitted to the Tribunal in advance of the CMC (Exhibit 2) is to be finalized and submitted to the Tribunal for review and approval.
17No further notice will be given.
18This Member is not seized.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
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.