Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 15, 2022
CASE NO(S).: OLT-21-001787 (Formerly PL111184) OLT-22-002335 (Formerly PL200260) OLT-22-002358 (Formerly PL200473) OLT-22-002340 (Formerly PL210178) OLT-22-002164 (Formerly PL210333) OLT-21-001218
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1042710 Ontario Limited (aka Royal Centre) Appellant: 1096818 Ontario Inc. Appellant: 11333 Dufferin St. et. al. Appellant: 1191621 Ontario Inc.; and others Subject: Failure to announce a decision respecting Proposed New Official Plan Municipality: City of Vaughan OLT Case No.: OLT-21-001787 Legacy Case No.: PL111184 OLT Lead Case No.: OLT-21-001787 Legacy Lead Case No.: PL111184 OLT Case Name: Duca v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Yonge & Steeles Development Inc. Subject: Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment Existing Designation: General Commercial Area Proposed Designated: General Commercial Area – Site Specific Purpose: To permit the existing commercial uses to continue and permits retail stores, restaurants, banks and business and professional offices, retail and hotel uses Property Address/Description: 7028 Yonge Street & 2 Steeles Avenue West Municipality: City of Vaughan Approval Authority File No.: OP.18.016 OLT Case No.: OLT-22-002335 Legacy Case No.: PL200260 OLT Lead Case No.: OLT-22-002335 Legacy Lead Case No.: PL200260 OLT Case Name: Yonge & Steeles Development 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: Yonge & Steeles Development Inc. Subject: Application to amend Zoning By-law No. 1-88 - Refusal or neglect of City of Vaughan to make a decision Existing Zoning: C1 Restricted Commercial Zone subject to site-specific Exceptions 9(865) and 9(331) Proposed Zoning: RA3 Residential Apartment Zone and to permit site-specific zoning exceptions Purpose: To permit the existing commercial uses to continue and permits retail stores, restaurants, banks and business and professional offices, retail and hotel uses Property Address/Description: 7028 Yonge Street & 2 Steeles Avenue West Municipality: City of Vaughan Municipality File No.: Z.18.028 OLT Case No.: OLT-22-002338 Legacy Case No.: PL200261 OLT Lead Case No.: OLT-22-002335 Legacy Lead Case No.: PL200260
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Development Group (100 SAW) Inc. Subject: Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment Existing Designation: “General Commercial” and “Low Density Residential” in accordance with Official Plan Amendment No. 210 (OPA 210), the Thornhill-Vaughan Community Plan Proposed Designated: “Mixed Commercial and Residential” Purpose: To permit the redevelopment of the subject lands with a mixed-use development containing residential and commercial uses Property Address/Description: 100 Steeles Avenue West Municipality: City of Vaughan Approval Authority File No.: OP.20.001 OLT Case No.: OLT-22-002358 Legacy Case No.: PL200473 OLT Lead Case No.: OLT-22-002358 Legacy Lead Case No.: PL200473 OLT Case Name: Development Group (100 SAW) 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: Development Group (100 SAW) Inc. Subject: Application to amend Zoning By-law No. 1-88, as amended - Neglect of the City of Vaughan to make a decision Existing Zoning: “C2 General Commercial Zone”; subject to Exception 9(731) Proposed Zoning: “RA3 Apartment Residential Zone”; subject to Exception 9(xxx) Purpose: To permit the redevelopment of the subject lands with a mixed-use development containing residential and commercial uses Property Address/Description: 100 Steeles Avenue West Municipality: City of Vaughan Municipality File No.: Z.20.004 OLT Case No.: OLT-22-002359 Legacy Case No.: PL200474 OLT Lead Case No.: OLT-22-002358 Legacy Lead Case No.: PL200473
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Development Group (100 SAW) Inc. Subject: Proposed Plan of Subdivision - Failure of the City of Vaughan to make a decision Purpose: To permit the redevelopment of the subject lands with a mixed-use development containing residential and commercial uses Property Address/Description: 100 Steeles Avenue West Municipality: City of Vaughan Municipality File No.: 19T-20V001 OLT Case No.: OLT-22-002360 Legacy Case No.: PL200475 OLT Lead Case No.: OLT-22-002358 Legacy Lead Case No.: PL200473
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mizrahi Constantine (180 SAW) Inc. et. al. Subject: Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment Existing Designation: General Commercial Area and Low Density Residential Proposed Designated: Mixed Commercial/Residential Area Purpose: To permit 6, mixed-use residential apartment buildings Property Address/Description: 180 Steeles Avenue West Municipality: City of Vaughan Approval Authority File No.: OP.20.002 OLT Case No.: OLT-22-002340 Legacy Case No.: PL210178 OLT Lead Case No.: OLT-22-002340 Legacy Lead Case No.: PL210178 OLT Case Name: Mizrahi Constantine (180 SAW) 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: Mizrahi Constantine (180 SAW) Inc. Et Al Subject: Application to amend Zoning By-law No. 1-88 - Refusal or neglect of the City of Vaughan to make a decision Existing Zoning: C4 Neighbourhood Commercial Zone Proposed Zoning: RA3 Apartment Residential Zone Purpose: To permit 6, mixed-use residential apartment buildings Property Address/Description: 180 Steeles Avenue West Municipality: City of Vaughan Municipality File No.: Z.20.005 OLT Case No.: OLT-22-002341 Legacy Case No.: PL210180 OLT Lead Case No.: OLT-22-002340 Legacy Lead Case No.: PL210178
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eastwood Holdings Corp. Subject: Request to amend the Official Plan – Failure of City of Vaughan to adopt the requested amendment Existing Designation: High Density Residential/Commercial Proposed Designated: High Rise Residential Purpose: To permit two residential towers Property Address/Description: 9291 Jane Street Municipality: City of Vaughan Approval Authority File No.: OP.20.017 OLT Case No.: OLT-22-002164 Legacy Case No.: PL210333 OLT Lead Case No.: OLT-22-002164 Legacy Lead Case No.: PL210333 OLT Case Name: Eastwood Holdings Corp. 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: Eastwood Holdings Corp. Subject: Application to amend the Zoning By-law No. 1-88 – Refusal or neglect of City of Vaughan to make a decision Existing Zoning: Restricted Commercial” with a holding provision C1(H) Proposed Zoning: Residential Apartment Zone 3” (RA3) Purpose: To permit two residential towers Property Address/Description: 9291 Jane Street Municipality: City of Vaughan Municipality File No.: Z.20.044 OLT Case No.: OLT-22-002166 Legacy Case No.: PL210334 OLT Lead Case No.: OLT-22-002164 Legacy Lead Case No.: PL210333
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 72 Steeles Holdings Limited and 7040 Yonge Holdings Limited Subject: Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment Existing Designation: General Commercial Proposed Designated: Mixed Use – Residential and Commercial Purpose: To permit the development of high density, mixed-use development Property Address/Description: 72 Steeles Avenue West and 7040/7054 Yonge Street Municipality: City of Vaughan Approval Authority File No.: OP.20.014 OLT Case No.: OLT-21-001218 OLT File No.: OLT-21-001218 OLT Case Name: 72 Steeles Holdings Limited and 7040 Yonge Holdings Limited 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: 72 Steeles Holdings Limited and 7040 Yonge Holdings Limited Subject: Application to amend Zoning By-law No. 1-88 - Refusal or neglect of the City of Vaughan to make a decision Existing Zoning: C1 Restricted Commercial Zone Proposed Zoning: RA3 Apartment Residential Zone with site specific exceptions Purpose: To permit the development of high density, mixed-use development Property Address/Description: 72 Steeles Avenue West and 7040/7054 Yonge Street Municipality: City of Vaughan Municipality File No.: Z.20.038 OLT Case No.: OLT-21-001218 OLT File No.: OLT-21-001219
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 72 Steeles Holdings Limited and 7040 Yonge Holdings Limited Subject: Proposed Plan of Subdivision - Failure of the City of Vaughan to make a decision Purpose: To permit the development of high density, mixed-use development Property Address/Description: 72 Steeles Avenue West and 7040/7054 Yonge Street Municipality: City of Vaughan Municipality File No.: 19T-20V007 OLT Case No.: OLT-21-001218 OLT File No.: OLT-21-001220
Heard: November 14 and 18, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| As listed in Attachment 1 |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON NOVEMBER 14 AND NOVEMBER 18, 2022 AND ORDER OF THE TRIBUNAL
Introduction
1This Decision addresses two related proceedings:
On November 14, 2022, the Phase 3 hearing for the remaining appeals to the Yonge-Steeles Corridor Secondary Plan (“YSCSP”) and to the related Zoning By-law Amendments (“ZBA”) and draft Plans of Subdivision (“SUB”) being heard together with the YSCSP, was adjourned on consent to enable the Parties to finalize settlements and further refine any remaining issues.
On November 18, 2022, a further Case Management Conference (“CMC”) was held for remaining appeals to the 2010 Vaughan Official Plan (“VOP”) and appeals of site-specific development applications being heard together with certain VOP appeals.
YSCSP and related ZBA/SUB Appeals
2The YSCSP Parties requested four more months to finalize settlements and to refine the possibly only remaining issue, being policies related to Holding (-H) provisions. The hearing is scheduled as set out below. No further Notice will be given. This Member is seized to hear this subsequent phase of hearing. The Parties agreed to establish revised exchange dates for affidavits and draft documents, and file all hearing materials with the Tribunal at least seven days before the hearing.
Tuesday, March 28, 2023, 10 a.m. for four days
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1 (888) 299-1889
Audio-only access code: 692-665-589
VOP CMC
3The next CMC for the remaining VOP appeals is scheduled as follows:
Monday, March 27, 2023, 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1 (888) 299-1889
Audio-only access code: 692-655-589
4No further notice will be given.
5The Parties anticipate addressing, at this next scheduled CMC, the implications of proposed Bill 23, if enacted, regarding appeals, Parties and procedures. (Prior to the issuance of this written Decision, Bill 23 received Royal Assent on November 28, 2022.)
6Statutory Parties and anyone seeking Party or Participant status 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.
7Parties 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
8Persons 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 with the access code provided.
9Individuals 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 CMC hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
Solmar Inc. / Eastwood Holdings Corp. Appeals
10At the Parties’ request, the Tribunal agreed to an altered hearing plan whereby Phase 1, as now underway, will hear all evidence except transportation evidence, in the remaining scheduled 12 days.
11Also at the Parties’ request, the Tribunal agreed to issue a brief Interim Decision following Phase 1 should it find either that some form of residential use will be permitted, or that the transportation evidence is desired before any Decision will be made. In both such scenarios, Phase 2 would proceed. Alternatively, should the Tribunal find that residential use will not be permitted, it would either issue an Interim Decision with full reasons to follow, or a Final Decision with reasons if time permits. In these scenarios, Phase 2 would not proceed.
12The Phase 2 hearing, if needed based on the above Decision process, is scheduled as follows:
Tuesday, April 18, 2023, 10 a.m. for four days
GoTo Meeting: https://global.gotomeeting.com/join/709-076-365
Access code: 709-076-365
Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1 (888) 299-1889
Audio-only access code: 709-076-365
13Please refer to paragraphs [6] to [9] for hearing details and instructions.
14No further Notice will be given. This Member is seized.
Order
15The Tribunal Orders the directions and rulings as set out above.
“S. Tousaw”
S. TOUSAW VICE-CHAIR
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.
ATTACHMENT 1
| Name | Client Name | |
|---|---|---|
| 1. | Alan Heisey | AWIN, 480 Steeles West Limited, 228 Steeles West Limited and CNR |
| 2. | Andrew Biggart | City of Markham |
| 3. | Bola Ogunmefun | York Region |
| 4. | Brendan Ruddick | Mizrahi Constantine (180 SAW) Inc. |
| 5. | Bruce Engell | City of Vaughan |
| 6. | Candace Tashos | City of Vaughan |
| 7. | Daniel Artenosi | Yonge and Steeles Developments Inc. |
| 8. | Donya Yarahmadi | Bentall Kennedy (Canada) LP and Longevity Properties Limited |
| 9. | Effie Lidakis | City of Vaughan |
| 10. | Evan Barz | 7040 Yonge Holdings Ltd. and 72 Steeles Holdings Ltd. |
| 11. | Gerard Borean | Prima Vista |
| 12. | Jesse White | Roman Catholic Episcopal Corporation for the Diocese of Toronto, in Canada |
| 13. | Johanna Shapira | Morguard Investments Limited |
| 14. | Kailey Sutton | 390 Steeles West Holdings Inc., 398 Steeles Avenue West Inc. and Associated Vaughan Properties Limited |
| 15. | Mark Flowers | Solmar Inc. and Eastwood Holdings Corp. |
| 16. | Matthew Di Vona | Lucia Milani and Rizmi Holdings Ltd. |
| 17. | Meaghan McDermid | Solmar Inc. |
| 18. | Naomi Mares | Development Group 100 SAW |
| 19. | Natalie Ast | Yonge & Steeles Developments Inc., |
| 20. | Nicholas Macos | Langvalley Holdings |
| 21. | Quinto Annibale | Mizrahi Constantine (180 SAW) Inc., Rutherford Land Development Corp. |
| 22. | Rodney Gill | Fairfax Financial Holdings Limited and 7080 Yonge Limited |
| 23. | Sarah Kagan | Yonge Steeles Landowners Group Inc. |
| 24. | Tim Duncan | Toronto and Region Conservation Authority |