Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 03, 2022
CASE NO(S).:
OLT-21-001221
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
919819 Ontario Ltd. and 1891445 Ontario Inc.
Subject:
Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment
Existing Designation:
“Low-Rise Residential”
Proposed Designation:
“Mid-Rise Residential” on the north portion of the subject lands north of the new property line
Purpose:
To permit the development of a 12-storey residential building consisting of 166 units, 13,352 square metres of Gross Floor Area (GFA) and a Floor Space Index (FSI) of 4.1
Property Address/Description:
5217 & 5225 Highway 7 and 26 & 32 Hawman Avenue
Municipality:
City of Vaughan
Municipality File No.:
OP.18.008
OLT Case No.:
OLT-21-001221
OLT Lead Case No.:
OLT-21-001221
OLT Case Name:
919819 Ontario 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:
919819 Ontario Ltd. and 1891445 Ontario Inc.
Subject:
Application to amend Zoning By-law No. 1-88, as amended – Neglect of application by the City of Vaughan
Existing Zoning:
“R2 Residential Zone”
Proposed Zoning:
“RA3(H) Apartment Residential Zone” with the Holding Symbol “(H)” on the north portion of the subject lands north of the new property line
Purpose:
To permit the development of a 12-storey residential building consisting of 166 units, 13,352 square metres of Gross Floor Area (GFA) and a Floor Space Index (FSI) of 4.1
Property Address/Description:
5217 & 5225 Highway 7 and 26 & 32 Hawman Avenue
Municipality:
City of Vaughan
Municipality File No.:
Z.18.013
OLT Case No.:
OLT-21-001222
OLT Lead Case No.:
OLT-21-001221
Heard:
February 22, 2022 by video hearing
APPEARANCES:
Parties
Counsel
919819 Ontario Ltd. and
Michael Melling
1891445 Ontario Inc.
Samantha Lampart
City of Vaughan
Candace Tashos
Salvatore and Rosina Petrolo
Meghan Barret
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 22, 2022 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) for this file.
2The purpose of the CMC was to receive status updates from both parties to organize the hearing of these appeals.
OVERVIEW
3The subject lands are located on the south side of Highway 7, the north side of Hawman Avenue and just east of Kipling Avenue.
4The lands are municipally known as 5217 & 5225 Highway 7 and 26 & 32 Hawman Avenue, in the City of Vaughan.
5The subject lands are currently occupied by a number of low-rise bungalows and are surrounded by low-rise buildings in all directions.
DEVELOPMENT PROPOSAL
6The Appellant seeks an official plan amendment and zoning by-law amendment to permit the development of a 12-storey residential building consisting of 166 units, with 13,352 square metres of gross floor area and a floor space index of 4.1.
NATURE OF THE APPEALS
7The Appellant has filed appeals under s. 22(7) and s. 34(11) of the Planning Act for failure of the City to make a decision within the timeframes specified in these respective subsections of the Planning Act.
8Mr. Melling has, on consent, submitted a draft Procedural Order to the Tribunal for review.
PARTY AND PARTICIPANT STATUS REQUESTS
9The Tribunal granted the following individuals with status.
- Party status to:
- Salvatore and Rosina Petrolo who are represented by Meghan Barrett.
- Participant status to:
Amanda Benacquista
Michael Horner
Ron Moro
Rosina D’Alimonte
Vicky Spizzirri
Delip Matto
Gianna Di Iorio
Anna Merola
Sylwia Sajdyk
Teresa and Julio Pagliaroli.
10The Tribunal was informed that an updated Procedural Order will be completed and submitted.
11The Tribunal informed all parties they must submit a finalized Issues List no later than March 31, 2022.
12The Tribunal hereby schedules a second CMC for these appeals on Wednesday, May 25, 2022, commencing at 10 a.m.
GoTo Meeting: https://meet.goto.com/687587165
Audio-only telephone line: Toll Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 687-587-165
13The Tribunal hereby schedules a hearing of these appeals on Monday, January 9, 2023, commencing at 10 a.m. Fifteen (15) days has been set aside.
GoTo Meeting: https://meet.goto.com/909787981
Audio-only telephone line: Toll Free 1-888-455-1389 or +1 (647) 497-9391
Access Code: 909-787-981
14Parties and participants are asked to log into the video hearings at least 15 minutes before the start of the event to test their video and audio connections.
15Parties 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.
16Persons 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 the audio-only telephone line with the Access Code indicated above.
17Individuals are directed to connect to the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the video hearings to ensure that they are properly connected to the events at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
18No further notice will be given.
19The Member is not seized.
20So Orders the Tribunal.
“Carmine Tucci”
carmine tucci
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.