Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 03, 2023
CASE NO(S).: OLT-22-004652
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Wedgewood Columbus Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Proposes to redesignate the Site to High-Rise Mixed-Use to permit the proposed maximum height of 51 storeys and the proposed density of 11.1 FSI
Reference Number: OP 19.015
Property Address: 7887 Weston Road
Municipality/UT: City of Vaughan/York Region
OLT Case No.: OLT-22-004652
OLT Lead Case No.: OLT-22-004652
OLT Case Name: Wedgewood Columbus Limited v. Vaughan
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Wedgewood Columbus Limited
Subject: To amend Zoning By-law 1-88
Description: To rezone the Subject Lands from “C7 Service Commercial Zone”, subject to site-specific Exception 9 (754B) by Zoning By-law 1-88 with site-specific zoning exceptions to permit the development
Reference Number: Z.19.039
Property Address: 7887 Weston Road
Municipality/UT: City of Vaughan/York Region
OLT Case No.: OLT-22-004653
OLT Lead Case No.: OLT-22-004652
OLT Case Name: Wedgewood Columbus Limited v. Vaughan
Heard: February 13, 2023 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Wedgewood Columbus Limited (the “Appellant”) | C. Tanzola, M. Cara |
| City of Vaughan (the “City”) | A. Baker, J. Lesage (in absentia) |
| Regional Municipality of York | B. Ogunmefun |
| Home Depot of Canada Inc | D. Tang, J. White |
| PSI Solar Finance 1 Limited Partnership | T. Gordner, A. Forristal (in absentia) |
| Dev-West Properties Inc. and Morguard Investments Limited | J. Shapira |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON FEBRUARY 13, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s Appeals to the Tribunal of the failure or neglect of the City to make decisions with respect to the Appellant’s applications for an Official Plan Amendment and a Zoning By-law Amendment within the respective prescribed statutory timelines (the “Appeals”) to permit the development of the lands municipally known as 7887 Weston Road in the City of Vaughan (the “Subject Property”) with four mixed-use buildings including a total of 2,290 residential dwelling units and 2,735 square metres of commercial space.
2The Tribunal entered into evidence as Exhibit 1 in these proceedings the Affidavit of Service of Justine Reyes sworn on January 26, 2023, and is satisfied that same demonstrates proper notice such that no further notice is required in these proceedings.
PARTY AND PARTICIPANT STATUS
3There were four (4) requests for party status in the subject proceedings as follows:
(a) The Regional Municipality of York (the “Region”) – Counsel for the Region appeared in furtherance of the Region’s written request for Party status. The Region seeks Party status in order to ensure that Regional interests, including conformity with applicable Region’s Official Plan policies, are addressed. The Tribunal is satisfied that the Region has genuine land use planning interests pertaining to the Appeals and, on consent of the Parties, grants Party status to the Region.
(b) Home Depot of Canada Inc. (“Home Depot”) – Counsel for Home Depot appeared in furtherance of Home Depot’s written request for Party status. Home Depot is the owner of property municipally known as 140 Northview Boulvevard which is located to the east of and abutting the Subject Property (the “Home Depot Property”). Home Depot seeks Party status in order to ensure that its land use planning concerns are addressed including its concern that the proposed development contemplates a sensitive land use (residential) to be located adjacent to the Home Depot Property on which its business operations involve significant traffic and noise. The Tribunal is satisfied that Home Depot is raising genuine land use planning issues pertaining to the Appeals and, on consent of the Parties, grants Party status to Home Depot.
(c) PSI Solar Finance 1 Limited Partnership (“PSI”) – Counsel for PSI appeared in furtherance of PSI’s written request for Party status. PSI holds a Solar Generation Lease Agreement with Home Depot which permits the operation of solar generation equipment on the roof of the building located at the Home Depot Property. PSI seeks Party status in order to ensure that its concerns pertaining to sun/shadow impacts of the proposed development and land use planning official plan and Provincial Policy Statement, 2020 policies pertaining to renewable energy generation are addressed. The Tribunal is satisfied that PSI is raising genuine land use planning issues and, on consent of the Parties, grants Party status to PSI.
(d) Dev-West Properties Inc. and Morguard Investments Limited (jointly seeking Party status and referred to as “Morguard”) – Counsel for Morguard appeared in furtherance of Morguard’s written request for Party status. Morguard is the owner and operator of Woodbridge Square that is located at 7600 Weston Road and in close proximity to the Subject Property (the “Morguard Property”). Morguard seeks Party status in order to ensure that its land use planning interests pertaining to integration of the proposed development into the surrounding area including the Morguard Property are addressed. The Tribunal is satisfied that Morguard is raising genuine land use planning issues and, on consent of the Parties, grants Party status to Morguard.
4There was one (1) request for Participant status in the subject proceedings:
(a) Anna Zeppieri – Elena Zeppieri appeared as agent for Anna Zeppieri in furtherance of this written request for Participant status. Elena Zeppieri advised that Anna Zeppieri resides directly south of the Subject Property, at 3600 Highway 7, Unit 1205, Vaughan, Ontario L4L 0G7 and is concerned about potential land use planning impacts of the proposed development including transportation, noise and shadowing impacts.
The Tribunal is satisfied that Anna Zeppieri is raising genuine land use planning issues and, on consent of the Parties, grants Participant status to Anna Zeppieri.
CONSOLIDATION OF THE APPEALS
5Currently, the Tribunal has two separate proceedings (OLT-22-004652 and OLT-22-004653) in connection with the Appeals pertaining to the Official Plan Amendment (“OPA”) Appeal and the Zoning By-law Amendment (“ZBA”) Appeal. The Notice of Appeal contained both of these Appeals and they both pertain to the Subject Property in connection with the proposed development. The Tribunal is satisfied that it is appropriate that the two Appeals be consolidated and, on the consent of the Parties, the Tribunal orders that OLT-22-004652 and OLT-22-004653 proceedings are consolidated.
HEARING DATES AND PROCEDURAL ORDER
6The Parties estimated that 20 hearing days would be required for the adjudication of the Appeal. The Parties identified the need for expert evidence in a number of subject matter areas including land use planning, urban design, servicing, parks, noise, shadowing, and transportation. Moreover, there are now six Parties in the proceedings who each intend to call multiple witnesses in connection with their respective areas of subject matter concern. Given the foregoing, the Tribunal is concerned that 20 hearing days may not be sufficient and concluded that 24 hearing days would be a more reasonable estimate of hearing length currently. It may be that the issues are narrowed or resolved in advance of the commencement of the hearing, in which case the Parties may release hearing days. In this regard, the Tribunal directed that the draft Procedural Order include provision at Paragraph 15 that the Parties advise the Tribunal at least 60 days prior to the commencement of the hearing if all of the hearing days are still necessary.
7A draft Procedural Order including a draft Issues List was submitted for consideration at this CMC. The Tribunal directed that the Parties consult with each other in order to provide a further revised draft Procedural Order including the Issues List to the Tribunal for the Tribunal’s consideration at a second CMC to be held as ordered below.
MEDIATION OR SETTLEMENT
8The Parties indicated that there have been some discussions which may continue in an effort to narrow or resolve issues of the Appeals. The Tribunal’s Case Coordinator may be contacted in the event that the Parties wish to pursue an opportunity for Tribunal-facilitated mediation.
ORDER
9The Tribunal orders as follows:
(a) The following persons are granted Party status in the subject proceedings:
- The Regional Municipality of York
- Home Depot of Canada Inc.
- PSI Solar Finance 1 Limited Partnership
- Dev-West Properties Inc. and Morguard Investments Limited (jointly)
10Anna Zeppieri is granted Participant status in the subject proceedings.
11The OLT-22-004652 and OLT-22-004653 proceedings, being the OPA Appeal and the ZBL Appeal, are consolidated pursuant to the Tribunal’s Rules.
12The Parties shall submit a revised draft Procedural Order to the Tribunal by no later than Thursday, April 20, 2023 for the Tribunal’s consideration. The Tribunal directed that paragraph 15 of the draft Procedural Order provide for at least 60 days’ prior notification to the Tribunal in the event that all of the Hearing days are not required for the Hearing on the merits of the Appeals.
13A second CMC is scheduled on Thursday, April 27, 2023 at 10 a.m. by video, in order to finalize the Procedural Order, and a Hearing of the Appeals is scheduled to commence on Monday, May 27, 2024 at 10 a.m. by video, for twenty-four (24) days, excluding Monday June 24, 2024 (a Tribunal Professional Development day).
[14] The CMC and Hearing are scheduled to proceed by video as follows: April 27, 2023 at 10 a.m. (one-day CMC) GoTo Meeting: https://meet.goto.com/348282861 Access code: 348-282-861 Audio-only telephone line: Toll-Free 1 888 299 1889 or +1 (647) 497-9373 Audio-only access code: as indicated above
May 27, 2024 at 10 a.m. (24-day Hearing) GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: as indicated above
15Parties and Participants are asked to log into the Video CMC and Hearing at least 15 minutes before the start of the events to test their video and audio connections.
16Parties and Participants are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the events can connect to the events by calling into an audio-only telephone line.
18Individuals are directed to connect to the events on the assigned date at the correct time. It is the responsibility of the persons participating in the CMC or Hearing by video to ensure that they are properly connected to the events at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
19The Tribunal so orders and provides these CMC directives for the purposes of the case management of the Appeals.
20The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
21No further notice is required or will be given.
“D. Arnold”
D. ARNOLD 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.