Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 28, 2023
CASE NO(S).: OLT-22-002276 Formerly (PL171353)
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
Heard: July 10 and 21, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1529749 Ontario Inc. (“Torgan”) | M. Flynn-Guglietti P. Pinho |
| City of Vaughan (“City”) | B. Engell G. Perhar |
| Promenade Limited Partnership (“PLP”) | J. Hoffman |
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI ON JULY 10 AND 21, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND PRELIMINARY MATTERS
1This hearing was scheduled as a ten-day hearing on the merits related to appeals brought by Torgan under sections 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 (“ZBA”) Applications for the property located at 7700 Bathurst Street (“Subject Property”). PLP was added as a Party to the hearing at the sixth Case Management Conference (“CMC”).
2The Applications propose to redesignate and rezone the 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.
3For the reasons that follow, the hearing was converted to a seventh CMC, with a request by Torgan to release the remaining hearing dates with the exception of the last date, being July 21, 2023, wherein Torgan requested to provide the Tribunal with an update to the negotiations between the Parties.
4Leading up to the hearing, Torgan requested an adjournment as PLP and Torgan were working on a settlement (but that such settlement would not be presented to the Tribunal). Prior to the commencement of the hearing, Torgan informed the Tribunal that PLP and Torgan had entered into a valid Agreement of Purchase and Sale, whereby PLP will be purchasing the Subject Property with a closing scheduled in January, 2024.
5As a result, on the first day of the scheduled hearing the Tribunal found it prudent to convert the hearing to the seventh CMC. The Tribunal also scheduled an eighth CMC on July 21, 2023 for the purpose of providing PLP time to enter into preliminary discussions with the City and then to provide an update to the Tribunal as to any required hearing dates after January, 2024. The Tribunal also released the eight intervening days scheduled for the hearing.
6The Parties were advised to use the same link to the virtual hearing on July 21, 2023 as used for the hearing event on July 10, 2023, unless they heard otherwise from the Tribunal. All Parties were able to join in on the eighth CMC hearing event.
7At the eighth CMC, the Parties advised that PLP and the City had begun discussions but that there had been no resolution and they intend to continue discussions over the next few months. The Parties jointly requested a further CMC for late October 2023 in order to allow for continued discussions between PLP and the City and to report back to the Tribunal with a status update.
8The Parties also requested the Tribunal to schedule a first CMC for the appeal of the Promenade Centre Secondary Plan (“OPA 90”) under OLT-22-004775 to be heard together at the next CMC for OLT-22-002276, as Torgan is the Appellant to both Appeals and the only Party, other than the City, to OLT-22-004775.
HEARING EVENT
9The Tribunal set a ninth CMC for OLT-22-002276 together with a first CMC for OLT-22-004775 commencing on Tuesday, October 24, 2023, at 10 a.m. by video hearing. Unless reconsidered at the next CMC, the two proceedings will be heard together, but not consolidated.
10The Parties were advised that no further notice is required for OLT-22-002276 but that notice is required for OLT-22-004775 and, in this regard, the Tribunal will send out an appointment letter with directions for service of notice.
11Parties 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.
12The next CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
13Persons 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.
14Parties 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
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.
ORDER
16The Tribunal orders that a ninth CMC hearing for OLT-22-002276 together with a first CMC for OLT-22-004775 will commence by video hearing on Tuesday, October 24, 2023, at 10 a.m. by video hearing.
17No further notice is required for OLT-22-002276.
18Notice for OLT-22-004775 shall be given in accordance with Rule 6 of the Tribunal’s Rules of Practice and Procedure.
19The Member is not seized of this matter.
“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.