Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 28, 2022
CASE NO(S).: OLT-22-002276 (Formerly PL171353)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1529749 Ontario Inc. (Torgan)
Subject: Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment
Existing Designation: “Town Centre Commercial/Retail Core” with a “Special Policy Area” overlay in OPA 671, and “High-Rise Mixed-Use” with a “Special Policy Area” overlay in the Vaughan Official Plan 2010 (VOP 2010)
Proposed Designation: To amend OPA 671 and the VOP 2010 by adding site specific provisions to permit a maximum density of 4.7 FSI, maximum building height of 27 storeys as well as to allow for changes to policies relating to built form, urban design and connectivity
Purpose: To permit the development of a phased high-density project consisting of seven (7) mixed-use 27-storey towers contemplating approximately 1,800 residential units with at-grade commercial uses and 2,400 underground parking spaces, as well as two (2) low-rise commercial buildings, an above grade parking structure, three (3) levels of underground parking and a number of community and resident amenity areas
Property Address/Description: 7700 Bathurst Street
Municipality: City of Vaughan
Approval Authority File No.: OP.16.006
OLT Case No.: OLT-22-002276
Legacy Case No.: PL171353
OLT Lead Case No.: OLT-22-002276
Legacy Lead Case No.: PL171353
OLT Case Name: 1529749 Ontario Inc. (Torgan) v. Vaughan (City)
Heard: April 19, 2022 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1529749 Ontario Inc. | M. Flynn-Guglietti |
| City of Vaughan | E. Lidakis |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA AND T.F. NG ON APRIL 19, 2022 AND ORDER OF THE TRIBUNAL
1This was the fifth Case Management Conference (“CMC”) with regard to this Official Plan Amendment (“OPA”) appeal to permit the development of a phased high-density project consisting of 7 mixed-use 27-storey towers located at 7700 Bathurst Street, in the City of Vaughan.
2The Tribunal was advised that the Applicant has submitted a Zoning By-law Amendment (“ZBA”) appeal and that the Parties will apply to consolidate the OPA and ZBA matters, once the ZBA has come through the requisite Tribunal intake process.
3A request for Party status from Promenade Limited Partnership (“Promenade Mall”) was received; however, on the consent of the Parties and Promenade Mall it was determined that this request would be deferred to the next CMC, once the ZBA appeal was also under consideration.
4The Parties were advised that at the next CMC, they could request to consolidate the appeals. The Parties will also present a draft Procedural Order (“PO”) and Issues List for the contemplated consolidated appeals. Regarding the PO and Issues List, the Tribunal instructs the Parties to substantially comply with the directions set out by Member Taylor in paragraphs 13, 14 and 15 of his September 17, 2021 decision.
5The Tribunal sets a one-day CMC hearing for Tuesday, September 6, 2022 commencing at 10 a.m. by VH.
6Parties 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:
https://meet.goto.com/442599157
Access code: 442-599-157
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: +1 (647) 497-9391. The access code is 442-599-157.
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 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.
10Regarding the hearing event set for Tuesday, September 6, 2022, it will be the sixth CMC for the OPA appeal and regarding that OPA matter, there will be no further notice; however, this hearing will be the first CMC for the ZBA appeal, and as such, the Tribunal directs that the appropriate notice for that matter must be served.
11The Tribunal orders that:
i. the next CMC is fixed for one day on September 6, 2022;
ii. notice of the first CMC for the ZBA shall be given;
iii. Promenade Mall’s party status request will be considered at the CMC;
iv. the Applicant is to bring a motion to consolidate the OPA and ZBA appeals;
v. the Parties are to furnish a Draft Procedural Order and List of Issues for the contemplated consolidated appeals at least two weeks before the CMC; and,
vi. the Parties are to be ready to finalize the draft procedural order and issues at the CMC.
12The Panel is not seized.
13This is the Order of the Tribunal.
“S. Bobka”
S. BOBKA
MEMBER
“T. F. Ng”
T.F. NG
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.