Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 14, 2023
CASE NO(S).:
OLT-23-000324
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
1494096 Ontario Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower
Reference Number:
OP.21.030
Property Address:
80 Glen Shields Avenue
Municipality/Upper Tier:
Vaughan/York
OLT Case No.:
OLT-23-000324
OLT Lead Case No.:
OLT-23-000324
OLT Case Name:
1494096 Ontario Inc. v. City of Vaughan
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Subject:
1494096 Ontario Inc.
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower
Reference Number:
Z.21.058
Property Address:
80 Glen Shields Avenue
Municipality/Upper Tier:
Vaughan/York
OLT Case No.:
OLT-23-000325
OLT Lead Case No.:
OLT-22-000324
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Subject:
1494096 Ontario Inc.
Site Plan
Description:
To facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower
Reference Number:
DA.21.072
Property Address:
80 Glen Shields Avenue
Municipality/Upper Tier:
Vaughan/York
OLT Case No.:
OLT-23-000326
OLT Lead Case No.:
OLT-23-000324
Heard:
July 10, 2023, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
1494096 Ontario Inc.
John Alati
Narmada Gunawardana
City of Vaughn
Candace Tashos
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON JULY 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to appeals brought pursuant to sections 22(7), 34(11) and 41 (12) of the Planning Act (“Act”) for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Site Plan (“SP”) for the property municipally addressed as 80 Glen Shields Avenue (“Subject Property) located in the City of Vaughn (“City”), for the failure of council to adopt or to make a decision within the legislated timeframe.
2The purpose of the OPA, ZBA and SP are to facilitate a redesignation of the current Low-Rise Mixed-Use to build mixed-use mid-rise buildings comprising of a 9-storey tower and a 7-storey tower.
3The OPA proposes to amend the City’s Official Plan 2010 to redesignate the Subject Property from “Low-Rise Mixed Use” to “Mid-Rise Mixed-Use” to permit a maximum building height of 9-storeys and a maximum Floor Space Index (“FSI”) of 2.5 times the lot area.
4The ZBA proposes to amend the City’s ZBL No. 1-88 to rezone the Subject Property from “C3 Local Commercial Zone”, subject to site-specific exception 9 (465), to “RA3 Apartment Residential Zone”, and to amend ZBL 001-2021 to rezone the Subject Property from “NC Neighbourhood Commercial Zone”, subject to site- specific exception 14.266, to “MMU Mid-Rise Mixed Use” together with the site-specific exceptions.
5The Sworn Affidavit of Service to Notice was marked as Exhibit 1.
PARTICIPANT STATUS REQUEST
6In response to the Notice, the Tribunal received 22 written requests for Participant status.
7There was discussion between the Parties and the Tribunal of the correct number of Participant requests and the fact some Party Status requests requested to convert to Participant Status. There were approximately over fifty observers and participants on the CMC. Candace Tasho, counsel for the City, advised the City had no objections to any of the Participant or Party Status requests.
8Therefore, the Tribunal allowed for an extension of time until July 24, 2024, for interested persons to submit their Participant Requests to the Tribunal through the Case Coordinator.
9The Tribunal deferred granting Participant Status for all Participants, except for Jospeh Brunaccioni, Debra Tomotsugu and Anna Marie Petrisano as explained in the following paragraphs, until after July 24, 2023, once each Participant Statement is accounted for and this issue of Participant Statuses will be decided upon at the second CMC.
PARTY STATUS REQUESTS
10In response to the Notice, the Tribunal received five written requests for Party status.
11The Tribunal, with the assistance of John Alati, counsel for 1494096 Ontario Inc. (the “Applicant/Appellant”), explained the role of a Party versus the role of a Participant and the obligations required for each.
12Jospeh Brunaccioni, Debra Tomotsugu and Anna Marie Petrisano advised they had each previously submitted Party Requests but now they request to be Participants. The Tribunal granted their request.
13Mr. Gino Muia advised he was President of the Glen Shields Ratepayers Association and would be representing the Association. Mr. Muia advised the Association was recently incorporated and seeks Party Status to ensure that the Tribunal can properly hear the Association’s issues and concerns.
14Mr. Anaafi Okraku and Ms. Patricia Welch-Okraku, advised the Tribunal they have an interest in the appeals since they live close to the Subject Property and understand their obligations as a Party.
15Ms. Sharan Kaur advised she lives in the community of the Subject Property and also has an interest in the appeals and understands her obligations as a Party.
16The Tribunal has considered the submissions, was in receipt of and considered the contents of their statements. There were no objections raised by either Party to the requests for Party Status.
17The Tribunal granted Party Status to the following;
Glen Shields Ratepayers Association, subject to filing with the Tribunal their incorporation documents and authorization from Mr. Muia to represent the Association to the Tribunal through the Case Coordinator.
Mr. Anaafi Okraku and Ms. Patricia Welch-Okraku
Ms. Sharan Kaur
HEARING
18Mr. Alati provided background to the application. He advised there have been continued discussions with the City. Mr. Alati request a second CMC to complete a Draft Procedural Order (“DPO”) and Issues List (“IL”), with the understanding that with the new Parties added at this CMC, a further scoping of the issues would be required and this could be completed after the City’s council meeting on September 26, 2023.
19Ms. Tashos, confirmed the next City council meeting was scheduled for September 26, 2023, whereby Council’s directions for these appeals would be required. She confirmed a second CMC request to allow for the DPO and scoping of the IL.
MEDIATION
20The Parties were advised that Tribunal-led mediation was available and that they are aware that they may request this mediation at their convenience.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
21The Tribunal canvassed the Parties regarding the time needed to prepare a DPO and Issues List. On consent, the Tribunal directed that the complete DPO be provided to the Case Coordinator no later than Wednesday, October 11, 2023. Counsel for the Applicant/Appellant will coordinate and provide the DPO to the Tribunal by the appointed date. If this date cannot be achieved, Counsel for the Applicant/Appellant is requested to advise the Case Coordinator as soon as this is reasonably known.
CMC DATES
22The Tribunal finds a second CMC is reasonable considering the new Parties added at this CMC and the time required to complete a DPO and IL. Therefore, the Tribunal directs that a second CMC will be held by video hearing commencing on Wednesday, October 25, 2023, at 10 a.m.
23Parties 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.
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
24Parties 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
25Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is 765-631-861.
26Individuals 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.
27No further notice will be given for the CMC or the Hearing.
ORDER
28THE TRIBUNAL ORDERS that:
a. The Member is not seized and may be spoken to related to case management.
b. The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE
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.