Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 30, 2023
CASE NO(S).: OLT-22-002276 (Formerly PL171353) OLT-22-004775
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/UT: Vaughan/York
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)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1529749 Ontario Inc. (Torgan)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: 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
Reference Number: Z.20.019
Property Address: 7700 Bathurst Street
Municipality/UT: Vaughan/York
OLT Case No.: OLT-22-003057
OLT Lead Case No.: OLT-22-002276
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1529749 Ontario Inc. (Torgan)
Subject: Proposed Official Plan Amendment No. 90
Municipality: City of Vaughan
OLT Case No.: OLT-22-004775
OLT Lead Case No.: OLT-22-004775
OLT Case Name: 1529749 Ontario Inc. (Torgan) v. York (Regional Municipality)
Heard: October 24, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
1529749 Ontario Inc. ("Torgan")
M. Flynn-Guglietti P. Pinho (in absentia)
City of Vaughan ("City")
B. Engell C. Tashos
Promenade Limited Partnership ("PLP")
J. Hoffman
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI ON October 24, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND PRELIMINARY MATTERS
1This further Case Management Conference ("CMC") was convened for two related files being heard together for:
a ninth CMC for OLT-22-002276 and OLT-22-003057, being appeals ("2276 Appeals") brought by Torgan under s. 22(7) & 34(11) of the Planning Act ("Act") regarding the failure of the City to make a decision within the statutory time period on Official Plan Amendment ("OPA") and Zoning By-law Amendment Applications ("Applications") for the property located at 7700 Bathurst Street ("Subject Property"); and
a first CMC for OLT-22-004775, being an appeal ("4775 Appeal") brought by Torgan under s. 17(36) of the Act related to the City’s approval of OPA No. 90 ("OPA 90") to the City Official Plan, being the Promenade Centre Secondary Plan ("Secondary Plan"). The Subject Property is within the Secondary Plan area and Torgan is the only appellant to OPA 90.
2The Applications under the 2276 Appeals propose to redesignate and rezone the Subject Property to permit a phased high-density development consisting of seven mixed-use 27-storey towers with approximately 1,800 residential units, at-grade commercial uses and 2,400 underground parking spaces, as well as two low-rise commercial buildings, an above grade parking structure, three levels of underground parking and a number of community and resident amenity areas.
3PLP and Torgan have entered into a valid Agreement of Purchase and Sale, whereby PLP will be purchasing the Subject Property with a closing date scheduled in January 2024. As such, PLP was added as a Party to the 2276 Appeals at the sixth CMC.
4Counsel for PLP advised the Tribunal that PLP has had productive discussions with the City on several occasions in relation to a settlement of the appeals, although to date no settlement has been reached. The discussions are anticipated to continue over the next few months with a view to securing a settlement.
4775 APPEAL
5An Affidavit of Service sworn on September 20, 2023, attesting to the giving of notice for the 4775 Appeal proceeding, was marked as Exhibit 1.
6In advance of the CMC, the Tribunal received a request for Party status from PLP, as the future owner of the Subject Property. The Tribunal found that PLP’s participation in the hearing of this appeal is reasonable and necessary to enable the Tribunal to effectively and completely adjudicate the proceedings. No objections were raised, and the Tribunal granted PLP Party status.
7There were no further requests for Party or Participant status.
CITY COMPREHENSIVE ZONING BY-LAW
8Counsel for the City advised the Tribunal that the City has a new comprehensive Zoning By-law which has been appealed by several parties, including Torgan. The appeals are under lead file number OLT-22-002104 and the Torgan related appeal ("Torgan ZBL Appeal") is under file number OLT-22-002717.
9Mr. Engell advised the Tribunal that the City and PLP are determining how best to effect a resolution of the Torgan ZBL Appeal and will work with Tribunal staff to determine how that is to be accomplished. Once determined, PLP will need to assume the Torgan ZBL Appeal as well.
NEXT CMC
10The Parties requested the Tribunal to schedule a further CMC for both the 2276 Appeals and the 4775 Appeal in early March 2024, to provide sufficient time for the closing of the purchase of the Subject Property by PLP, to provide sufficient time to further the settlement discussions, with the potential for obtaining directions from City Council if the settlement discussions are fruitful, and also to provide for PLP to formally assume the appeals form Torgan. In this respect, it is the intent of the Parties to attend the next CMC with a request to convert it to a Settlement Hearing, and if not, to provide the Tribunal with an update and to address the Procedural Order and Issues List.
11The Parties agreed to provide the Tribunal with an update on the status of the settlement discussions in mid-February, ahead of the next CMC, with a view to determining the anticipated agenda for the CMC.
HEARING EVENT
12The Tribunal set a tenth CMC for OLT-22-002276 together with a second CMC for OLT-22-004775 commencing on Thursday, March 07, 2024, at 10 a.m. by video hearing.
13Parties 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.
14The next CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
15Persons 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.
16Parties 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
17Individuals 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.
ORDER
18THE TRIBUNAL ORDERS that a tenth Case Management Conference for OLT-22-002276 together with a second Case Management Conference for OLT-22-004775 will commence by video hearing on Thursday, March 7, 2024, at 10 a.m. by video.
19THE TRIBUNAL ORDERS that Promenade Limited Partnership is granted Party status with respect to Tribunal file number OLT-22-004775.
20THE TRIBUNAL ORDERS that the Parties are to provide an update to the Tribunal Case Coordinator in mid-February 2024, and at the latest, by February 23, 2024 for both Tribunal file numbers OLT-22-002276 and OLT-22-004775, as well as OLT-22-002717.
21No further notice is required.
22The Member is seized of these matters.
"C. I. Molinari"
C. I. MOLINARI
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.