Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 12, 2022
CASE NO(S).: OLT-22-002486
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2466571 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of City of Vaughan to adopt the requested amendment
Existing Designation: Low-Rise Residential
Proposed Designated: Mid-Rise Residential
Purpose: To permit the proposed development of the subject lands with a 9-storey apartment building
Property Address/Description: 31 & 55 Mounsey Street
Municipality: City of Vaughan
Approval Authority File No.: OP.16.012
OLT Case No.: OLT-22-002486
Legacy Case No.: PL171136
OLT Lead Case No.: OLT-22-002486
Legacy Lead Case No.: PL171136
OLT Case Name: 2466571 Ontario 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: 2466571 Ontario Inc.
Subject: Application to amend Zoning By-law No. 1-88 - Refusal or neglect of City of Vaughan to make a decision
Existing Zoning: R2 Residential Zone
Proposed Zoning: RA2 Apartment Residential Zone
Purpose: To permit the proposed development of the subject lands with a 9-storey apartment building
Property Address/Description: 31 & 55 Mounsey Street
Municipality: City of Vaughan
Municipality File No.: Z.16.051
OLT Case No.: OLT-22-002487
Legacy Case No.: PL171137
OLT Lead Case No.: OLT-22-002486
Legacy Lead Case No.: PL171136
Heard: May 9, 2022 by video hearing
APPEARANCES:
Parties
Counsel
2466571 Ontario Inc. (“Applicant”/“Appellant”)
M. McDermid
City of Vaughan (“City”)
E. Lidakis
Toronto and Region Conservation Authority (“TRCA”)
T. Duncan
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MAY 9, 2022 AND ORDER OF THE TRIBUNAL
1This further Case Management Conference (“CMC”) was convened for the Applicant’s appeals to the absence of decisions by the City on applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) affecting 31 and 55 Mounsey Street, Vaughan.
2Through further study and productive discussions, the Parties are working towards a potential settlement on the development plans for an apartment building. The discussions involve community benefits charges, leading to the Parties’ desire to seek the Tribunal’s Decision on a settlement before amendments to the Planning Act take effect in September, 2022.
3The Parties requested a further CMC for either a settlement hearing or approval of a Procedural Order with Issues List for a hearing on the merits.
4With the Parties’ consent, the Tribunal directed that, if they achieve a settlement well in advance of the CMC, the Applicant may request a written hearing and circulate (electronically) to the Tribunal, Parties and Participants all necessary documentation, including its submissions, planning affidavit, draft Order, OPA and ZBA. Should a Party wish to file a Response, or a Participant wish to file a Statement, they may do so within five days of receiving the Applicant’s submission.
5Alternatively, on settlement, the Applicant may circulate the above-noted documentation in advance of the CMC for an in-person settlement hearing via video conference.
6Should the Parties not achieve settlement, the Applicant, with input from the Parties, will file a draft Procedural Order with Issues List prior to the CMC.
7The next CMC will be held on Monday, July 18, 2022 at 10 a.m. by video hearing. No further Notice will be given.
8Parties 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://global.gotomeeting.com/join/344779885
Access code: 344-779-885
9Parties 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
10Persons 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) 497-9373 or Toll Free 1-888-299-1889. The access code is 344-779-885.
11Individuals 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.
12The Tribunal Orders the directions noted above.
13This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“S. Tousaw”
S. tousaw
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.