Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 07, 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 Lead Case 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: 7080 Yonge Limited
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-21-001438
OLT Lead Case No.: OLT-21-001436
Heard: September 14, 2022 by video hearing
APPEARANCES:
Parties
Counsel
7080 Yonge Limited
D. Bronskill
J. Hoffman
City of Vaughan
R. Kehar
E. Lidakis
Regional Municipality of York
B. Ogunmefun
Development Group (100 SAW) Inc.
T. Halinski
Mizrahi Constantine (180 SAW) Inc.
B. Ruddick
Yonge & Steeles Developments Inc.
N. Ast
D. Artenosi
480 Steeles West Limited, 228 Steeles West Limited, 1163919 Ontario Limited, 1888836 Ontario Limited and 1211612 Ontario Limited
A. Heisey
Morguard Investments Limited
J. Shapira
E. Bashura
72 Steeles Holding Limited and 7040 Yonge Holdings Limited
C. Barnett
Auto Complex Ltd.
S. Lampert
S. Rosenthel
Yonge Steeles Landowners Group Inc.
S. Kagan
I. Kagan
K. Stitt
J. Park
DECISION DELIVERED BY P. TOMILIN AND JATINDER BHULLAR AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the second Case Management Conference for the appeal brought by 7080 Yonge Limited regarding the failure of the City of Vaughan (“City”) to make a decision on the Appellant’s applications for an Official Plan Amendment, pursuant to s. 22(7) of the Planning Act, and a Zoning By-law Amendment, pursuant to s. 34(11) of the Planning Act, to facilitate a development on the lands located at 7080 Yonge Street in the City.
MEDIATION
2The Tribunal canvassed the parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether the Tribunal led mediation would be helpful in resolving the issues. Counsel indicated that they are encouraged by the ongoing dialogue among their experts and that they would like those discussions to continue. The Tribunal reminded the parties that should they reach a point where mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
3The Tribunal expressed its concern with generic wording and lack of specific policy references in the identification of issues by some of the parties. As an example, the issues simply stated that the proposal does not conform with the Growth Plan for the Greater Golden Horseshoe, 2020, the City Official Plan and is inconsistent with the Provincial Policy Statement, 2020.
4The Tribunal directed the parties to provide specific land use planning policy references in defining their issues and submit a revised Procedural Order to the Tribunal within 30 days.
5It was also noted by the Tribunal that, in the Issues List, multiple parties concurred to have the exact same issue and assigned their names to this joint section in the Issues List. The Tribunal reviewed Rule 8.4 of the Tribunal Rules of Practice and Procedures:
8.4 Common Interest Class – Where the Tribunal is of the opinion that more than one party is of common interest with another party or other parties, the Tribunal may, on its own initiative or on the request of any party, appoint a person of that class of parties to represent the class in the proceeding.
The parties explained that based on their respective separate interests primarily related to the proximity and relative location of their clients’ properties, there are possible nuances that their individual evidence will bring forth even though the underlying issue is the same. They hence stated that a common interest class would not appropriately help in the presentation of their evidence. They further requested of the Tribunal that it should not create such a class on its own initiative. The Tribunal having considered these inputs determined that a common interest class is not appropriate where the parties have jointly identified common issues of concern in the Issues List and that each party will own all the issues so jointly identified.
6Parties were canvased by the Tribunal as to the number and areas of focus of their intended witnesses for the hearing. Counsel for each party indicated that they expect to call four to five witnesses in the hearing to address issues relating to land use planning, traffic, urban design, infrastructure, and transportation.
7Based on the discussions of the issues and the expected number of witnesses, the parties requested the Tribunal to schedule a hearing for 15 days. The Tribunal found this request to be justified.
ORDER
8The Tribunal orders that the revised draft Procedural Order shall be submitted within 30 days from the date of this second Case Management Conference. The parties were further directed to adhere to the draft order template for video hearings posted on the Tribunal website.
9The Tribunal orders that the hearing is scheduled to commence at 10 a.m. on Monday, October 23, 2023 for 15 days to be held by video hearing:
https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
10Parties 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.
11Parties 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.
12Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
13Individuals 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 video hearing 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.
14No further notice will be given.
15This Panel is not seized except for the finalization and issuance of the Procedural Order and case management support during this process.
“P. Tomilin”
p. tomilin
MEMBER
“Jatinder Bhullar”
jatinder bhullar
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.