7080 Yonge Limited v. Vaughan (City), 2022 CanLII 53693

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

CORRECTION NOTICE

OLT CASE NO(S).:

OLT-21-001436

DECISION ISSUE DATE(S):

May 30, 2022

CORRECTION NOTICE ISSUE DATE:

June 14, 2022

RE: 7080 Yonge Limited v. Vaughan (City)

Correction to: Para [7].3 and para [11].1

Originally: (180 SAW) Inc.

Corrected to: Mizrahi Constantine (180 SAW) Inc.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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.

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

May 30, 2022

CASE NO(S).:

OLT-21-001436

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

7080 Yonge Limited

Subject:

Request to amend the Official Plan - Failure of Town of Aurora to adopt the requested amendment

Existing Designation:

General commercial

Proposed Designated:

High Rise Mixed use with commercial site specific provisions

Purpose:

To permit residential development

Property Address/Description:

7080 Yonge Street

Municipality:

City of Vaughan

Approval Authority File No.:

OP.20.011 & Z.20.026

OLT Case No.:

OLT-21-001436

OLT File No.:

OLT-21-001436

OLT Case Name:

7080 Yonge 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:

Subject:

Application to amend Zoning By-law No. Zoning By-Law 1-88 - neglect of City of Vaughan of to make a decision

Existing Zoning:

C1” Restricted Commercial Zone subject to site-specific Exception 882

Proposed Zoning:

“RA3” Apartment Residential Zone with site-specific provisions to facilitate the development of a mixed-use high-rise apartment building.

Purpose:

To permit residential development

Property Address/Description:

7080 Yonge Street

Municipality:

City of Vaughan

Municipality File No.:

OP.20.011 & Z.20.026

OLT Case No.:

OLT-21-001436

OLT File No.:

OLT-21-001438

Heard:

May 6, 2022, by video hearing

APPEARANCES:

Parties

Counsel

7080 Yonge Limited (Appellant)

Mercedes Mueller, William Friedman, Isaac Menzelefsky

City of Vaughan

Effie Lidakis

MEMORANDUM OF ORAL DECISION DELIVERED BY BY P. TOMILIN AND D. CHIPMAN ON MAY 6, 2022 AND ORDER OF THE TRIBUNAL

17080 Yonge Limited (“Applicant/Appellant”) intends to develop its property located at 7080 Yonge Street in Vaughan (“Subject Lands/Subject Property”) with two high-rise, mixed-use buildings that are 20 and 40 stories tall, joined by a 2-storey podium.

2To permit its proposed development, the Applicant has applied for the approval of an Official Plan Amendment (“OPA”) from the current designation of “General Commercial” to "High Rise Mixed use with commercial site specific provisions" and a Zoning By-law Amendment (“ZBA”) to Bylaw No. 1-88 pursuant, to s. 22(7) and s. 34(11) of the Planning Act (“Act”), respectively.

3The City of Vaughan (“City”) failed to make a decision on the applications within the time period specified in the Planning Act, R.S.O. 1990, c. P. 13, as amended, at which point the Applicant appealed to the Tribunal.

4The Tribunal held this first Case Management Conference (“CMC”). Notice for the hearing event and the Affidavit of Service from April 12, 2022, attesting to service were marked as Exhibit 1.

REQUESTS FOR PARTICIPANT STATUS

5The Tribunal received one participant status requests. The parties raised no concerns with the request having heard from Victor Manoharan that he had no opposition to the development.

6Hearing no objection from the Parties, the Tribunal conferred participant status to Victor Manoharan.

REQUESTS FOR PARTY STATUS

7The Tribunal received nine requests for Party Status:

1. The Regional Municipality of York – Ogunmefun, B., Counsel
2. Development Group (100 SAW) Inc. – Halinski, T., Counsel
3. (180 SAW) Inc. – Ruddick, B., Counsel
4. Yonge & Steeles Developments Inc. – Ast, N., Counsel
5. 480 Steeles West Limited, 228 Steeles West Limited, 1163919 ONTARIO LIMITED, 1888836 ONTARIO LIMITED and 1211612 ONTARIO LIMITED – Heisay, A., Counsel
6. Morguard Investments Ltd. – Shapira, J., Counsel
7. 72 Steeles Holding Limited and 7040 Yonge Holdings Limited – Barnett, C., Counsel
8. Auto Complex Ltd. – Lampert, S., Rosenthel, Counsel
9. Yonge Steeles Landowners Group Inc. – Stitt, K., Kagan, S., Kagan, I. (absent), Counsel, Park, J. (absent), Counsel

8Counsel for the Applicant/Appellant and the City presented no objections to the above noted Parties being granted party status.

MEDIATION

9The Tribunal determined that with the addition of nine new Parties added to this matter, Tribunal-led mediation would be best discussed at the second CMC, scheduled as per below. This will provide the opportunity to the Parties to scope the issues to determine at the second CMC if mediation is a possible route to resolution.

CMC, PO AND ISSUES LIST

10The Parties requested a second CMC based on the addition of Parties to this matter to scope the issues which will be put forth in the Hearing. All Parties agreed that a further CMC would allow for dialogue on the Issues List, a calculation on the number of expert witnesses that are expected to be called by each Party and to set a date for the hearing of the merits involved in this case. Isaac Menzelefsky was asked to coordinate those efforts.

ORDER

11The Tribunal orders as follows:

1. The Regional Municipality of York, Development Group (100 SAW) Inc., (180 SAW) Inc., Yonge & Steeles Developments Inc., 480 Steeles West Limited, 228 Steeles West Limited, 1163919 ONTARIO LIMITED, 1888836 ONTARIO LIMITED,1211612 ONTARIO LIMITED, Morguard Investments Ltd., 72 Steeles Holding Limited and 7040 Yonge Holdings Limited, Auto Complex Ltd. And Yonge Steeles Landowners Group Inc. are conferred Party status.

2. Participant status is conferred as set out in the Decision.

3. Parties are to provide their issues to Counsel for the Applicant/Appellant on or before Tuesday, August 30, 2022, so that the Parties on consent, may jointly submit the draft Procedural Order containing an Issues List, 10 days prior to the second CMC.

4. The Tribunal orders that a second CMC is scheduled to commence at 10 a.m. on Wednesday, September 14, 2022, by video hearing to finalize the Procedural Order, Issues List and set down a hearing date on the merits of this matter:

12Parties 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/979388733

Access code: 979-388-733

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: +1 (647) 497-9373. The access code is 979-388-733.

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 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.

16Parties 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.

17Parties 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

18Individuals 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.

19No further notice will be given.

20This Panel is not seized.

“P. Tomilin”

P. TOMILIN

MEMBER

“D. Chipman”

D.CHIPMAN

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.