Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 29, 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 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: March 17, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Regional Municipality of York | B. Ogunmefun |
| City of Vaughan | B. Engell E. Lidakis G. Perhar C. Tashos |
| Appellants and Added Parties/Participants | (listed in Attachment 1) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MARCH 17, 2022 AND ORDER OF THE TRIBUNAL
Introduction
1This proceeding was a further Case Management Conference (“CMC”) to address appeals to the 2010 Vaughan Official Plan (“VOP”) and appeals of site-specific development applications being heard together with certain VOP appeals.
Yonge-Steeles Corridor Secondary Plan (“YSCSP”)
2The Tribunal granted Added Party status to 228 Steeles West Ltd. as the new owner replacing Mercedes Benz Canada Inc. at 228 Steeles Avenue West.
3The appeals to the YSCSP hinge largely on an updated transportation study, the resulting development plans of certain site-specific appellants, and the City’s initial response, all of which have been circulated recently among the Parties. The City, without objection from other Parties, requested certain date changes in the approved Procedural Order (“PO”) to provide time for the experts’ reviews of the documents, and a one week deferral of the start of the hearing. The scheduled 10-week hearing, now nine (9) weeks, may require fewer weeks, pending the Parties’ positions on remaining issues.
4The City of Toronto (“Toronto”) requested one additional week to provide its witness list given the recency of the circulated information. Other Parties opposed this request, submitting that a full witness list should be provided now and can be amended as issues are reduced.
5The Tribunal granted the requested revisions to the PO as contained in Attachment 2, including starting the hearing one week later than previously scheduled. The Tribunal refused Toronto’s request for a delay in filing a witness list, but acknowledged that the Parties accept that the curriculum vitae of those persons may take up to three days further to circulate. The Tribunal noted that the witness list exchange date has been known for some time, as have the results of the transportation study, and more recently, the revised development plans of certain site-specific appellants.
6The YSCSP hearing is now scheduled to begin on:
Monday, June 20, 2022, 10 a.m.
(a nine-week hearing, subject to further reductions if warranted)
GoTo Meeting: https://global.gotomeeting.com/join/584974389
Access code: 584-974-389
Audio-only telephone line: 1 (647) 497-9373 or Toll Free 1 (888) 299-1889
Audio-only access code: 584-974-389
7No further notice will be given.
Appeal 3, Procedural Order (“PO”)
8On consent of the Parties, the Tribunal granted three date changes in the PO to enable the Parties’ review of circulated information: revised plans and reports by April 29, 2022; responding reports by May 27, 2022; and witness lists by June 10, 2022. The Appellant will circulate an updated PO to the Parties.
Appeal 166, Parties
9Without objection from the Parties, the Tribunal granted Party status to the Toronto and Region Conservation Authority (“TRCA”) on Appeal 166, given the TRCA’s submission that upon full review and discussion with the Appellant, it wishes to address the issues raised.
Next CMCs
10The next CMC was scheduled previously, and the Parties requested a further CMC in November 2022, now set as follows:
Friday, June 10, 2022, 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/387590893
Access code: 387-590-893
Audio-only telephone line: 1 (647) 497-9391 or Toll Free 1 (888) 455-1389
Audio-only access code: 387-590-893
Friday, November 18, 2022, 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
Audio-only telephone line: 1 (647) 497-9373 or Toll Free 1 (888) 299-1889
Audio-only access code: 687-587-165
11No further notice will be given.
12Statutory 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.
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 with the access code provided.
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 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.
Appeal 30, Settlement
16On the settlement of the Parties, the City filed a Motion seeking an Order allowing, in part, Appeal 30 of 1834371 Ontario Limited, except for its appeal of parkland policies in the VOP and Vaughan Metropolitan Centre Secondary Plan (“VMC SP”), and approving modifications to the VMC SP affecting 2951 Highway 7 and 180 and 190 Maplecrete Road (“site”). No responses to the Motion were received. The Appellant confirmed its acceptance of the requested Order.
17The supporting Affidavit of David Marcucci was marked as Exhibit 1. Mr. Marcucci is a Registered Professional Planner with the City, who has been previously qualified and affirmed under oath in these proceedings.
18The requested modification to the VMC SP carries forward this 2.07 hectare site’s previous approvals for mixed-use development up to 35 storeys, density not exceeding 5.5 Floor Space Index, and a required public square.
19Mr. Marcucci opines, in his affidavit, that the modification satisfies all applicable legislative requirements and represents good planning: appropriate regard to the provincial interests of s. 2 of the Planning Act (“Act”); the site is located within an Urban Growth Centre and supports the density targets of A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”); the uses and density constitute appropriate intensification near existing subway and bus rapid transit under the Provincial Policy Statement, 2020 and the Region of York Official Plan (“ROP”); and the mixed-use helps achieve the density targets of persons and jobs within the Regional Centre in conformity with the ROP, VOP and VMC SP.
20Upon the settlement for part of Appeal 30, and on the uncontested planning evidence of the City, the Tribunal found that the VMC SP, as modified in relation to this site, satisfies all statutory requirements. The Motion was granted and the Tribunal Ordered as set out below.
21The Tribunal Orders that pursuant to s. 17(50) of the Planning Act, the City of Vaughan Official Plan (2010), as adopted by the City on September 7, 2010, subject to Council modifications on September 27, 2011, March 20, 2012 and April 17, 2012, and as modified and endorsed by the Regional Municipality of York on June 28, 2012, is modified and approved as modified, in relation to Appeal 30, in accordance with Attachment 3 to this Decision (Exhibit 1, page 206), except that the parkland issues in Appeal 30 remain in effect for further hearing.
Order
22The Tribunal Orders the directions and rulings as set out above.
“S. Tousaw”
S. TOUSAW
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.
ATTACHMENT 1
March 17, 2022 CASE MANAGEMENT VIDEO CONFERENCE ATTENDANCE LIST
Case management conferences for: OLT Case No.: VOP 2010 (including YSCSP) PL111184 Eastwood Holdings Corp. PL210333 72 Steeles Holdings Limited and 7040 Yonge Holdings Limited OLT-21-001218
OLT Member – S. Tousaw
| ATTENDEE | ON BEHALF OF |
|---|---|
| Bruce Engell, WeirFoulds LLP | City of Vaughan |
| Effie Lidakis, City of Vaughan | City of Vaughan |
| Gurnick Perhar, City of Vaughan | City of Vaughan |
| Candace Tashos, City of Vaughan | City of Vaughan |
| David Marcucci, Planner, City of Vaughan | City of Vaughan |
| Armine Hassakourians, Planner, City of Vaughan | City of Vaughan |
| Margaret Holyday, Planner, City of Vaughan | City of Vaughan |
| Meaghan McDermid, Davies Howe LLP | 3 Solmar Inc. PL210333 Eastwood Holdings Corp. |
| Quinto Annibale, Loopstra Nixon LLP | 16 West Rutherford Properties Ltd. 17 Ozner Corporation 84 Royal 7 Developments Limited 109 Antonio Di Benedetto 150 Caldari Land Development Corporation PL210178 Mizrahi Constantine (180 Saw) Inc. |
| Barry Horosko, Horosko Planning Law | 30 1834371 Ontario Ltd. 43 1541677 Ontario Inc. 56 2159645 Ontario Ltd. (Liberty) 146 2128475 Ontario Corp. |
| J. Farber, Fogler Rubinoff LLP M. Rutledge, Fogler Rubinoff LLP |
32 RioCan Holdings Inc. (Springfarm Marketplace) 133 1306497 Ontario Inc. (Sisley Honda) |
| Chris Barnett, Osler Hoskin & Harcourt LLP | 38 7040 Yonge Holdings Ltd. And 72 Steeles Holdings Ltd. OLT-21-001218 72 Steeles Holdings Ltd. et al |
| Tom Halinski, Aird & Berlis LLP | 51 Salz & Son Ltd. [also Development Group (100 SAW) Inc.] PL200473 Development Group (100 SAW) Inc. |
| Ira Kagan, Kagan Shastri LLP | Yonge Steeles Landowners Group (Appellants 38, 40, 51, 165) |
| Natalie Ast, Overland LLP | 39 Yonge & Steeles Developments Inc. 119 Berkley Commercial (Jane) Inc. 140 FCF Old Market Land 2013 Inc. 164 1966711 Ontario Inc. 165 Yonge & Steeles Developments Inc. AN |
| Teresa Marando | PL200260 Yonge & Steeles Development Inc. |
| Michael Melling, Davies Howe LLP | 40 Auto Complex Ltd. 68 1539253 Ontario Inc. 149 Teston Green Landowners Group T Velmar Centre Property Ltd. Block 27 Landowners |
| Jamie Cole, Davies Howe LLP | 108 Zzen 2 142 Ivanhoe Cambridge II Inc. |
| Mary Flynn-Guglietti, McMillan LLP Kailey Sutton, McMillan LLP |
46 Danlauton Holdings Ltd. 153 390 Steeles West Holdings Inc. 160 398 Steeles Avenue West Inc. Associated Vaughan Properties Limited |
| Mark Flowers, Davies Howe LLP | 60 2090396 Ontario Ltd. 75 H & L Title Inc. and Ledbury Investments Ltd. |
| Matthew Di Vona, Di Vona Law | 62 Lucia Milani and Rizmi Holdings Ltd. |
| Gerard C. Borean, Parente, Borean LLP | 64 281187 Ontario Ltd. 135 Concetta Marciano 136 Pro Catering Ltd. Bellaterra Corporation |
| Roslyn Houser, Goodmans LLP | 72 First Vaughan Investments Inc., Ruland Properties Inc., and Skyrange Investments Inc. 73 Calloway REIT (Sevenbridge) Inc. Fairfax Financial (Toys “R” Us) |
| Adam Giel, Black Sutherland LLP | 77 Langvalley Holdings |
| David Tang, Miller Thomson LLP Calvin Weekes, Miller Thomson LLP |
Mercedes Benz of Canada Inc. Roman Catholic Episcopal Corporation for the Diocese of Toronto |
| Alan Heisey, PHM Law | 141 Tien De Religion Lands K CNR 1163919 Ontario Limited, 1930238 Ontario Limited, 1211612 Ontario Limited, 1972380 Ontario Limited, 1219414 Ontario Limited |
| Issac Menzelefsky, Friedmans Law | 156 7080 Yonge Limited (Tan-Mark Holdings Limited & Telast Enterprises Inc.) 168 7080 Yonge Limited (Tan-Mark Holdings Limited & Telast Enterprises Inc.) |
| Meaghan Barrett, Aird & Berlis LLP | 166 Country Wide Homes (Pine Valley Estates) Inc. |
| Bola Ogunmefun, Region of York | A Region of York |
| Tim Duncan, Fogler Rubinoff LLP Mark Howard, Sr. Planner, TRCA |
C Toronto and Region Conservation Authority (TRCA) |
| Dennis Wood, Wood Bull LLP Carson O’Connor, Wood Bull LLP |
AO Seven 427 Developments Inc. Morguard Investments Limited |
| Andrew Biggart, Ritchie Ketcheson Hart & Biggart LLP Francesco Santaguida Victoria Chai |
City of Markham |
| Ray Kallio, City of Toronto | City of Toronto |
| Pitman Patterson, BLG | York Region (except YSCSP) |
| Jonathan Cheng, Stikeman Elliott LLP | Longevity Properties Limited |
| Jordan Max | SpringFarm Ratepayers Association |
| Julianna Boldt | |
| Raivo Uukkivi, Cassels | Lucia Antinori (seeking party status to the 7040 Yonge Holdings Ltd. and 72 Steeles Holdings Ltd. appeals) |
| Alexandra Whyte, Loopstra Nixon LLP | Rutherford Land Development Corporation |
| Victor | |
| Shep Trubkin | |
| Unknown callers |
ATTACHMENT 2
Proposed Revisions to Procedural Order
| Procedural Order | Proposed Revision |
|---|---|
| March 18 | Witness Lists |
| Witness Lists | March 23 |
| Circulation of City Settlement Plan and Revised Development Proposals (4 appellants) | April 4 |
| Experts Meetings Done | April 14 |
| Witness Statements | April 25 |
| Experts Meetings Done | (deferred 3 wks) May 5 |
| Witness Statements | (deferred 3 wks) May 16 |
| Reply Witness Statements | May 24 |
| Reply Witness Statements | (deferred 1 wk) May 30 |
| Visuals and Hearing Plan | June 6 |
| Visuals and Hearing Plan | (deferred 1 wk) June 13 |
| Hearing Start (10 weeks) | June 20 |
| Hearing Start (4 weeks?**) | (deferred 1 wk) |
** We expect the hearing will be shorter than originally scheduled, but at this point the actual length remains to be determined.