Ontario Land Tribunal
Issue Date: August 16, 2023
Case No(s).: OLT-23-000284
Proceeding commenced under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Cacoeli Terra Vaughan Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Cacoeli Terra Vaughan Ltd. OPA
Reference Number: OP.22.006
Property Address: 10811 and 10819 Jane Street
Municipality/UT: Vaughan/York
OLT Case No: OLT-23-000284
OLT Lead Case No: OLT-23-000284
OLT Case Name: Cacoeli Terra Vaughan Ltd. v Vaughan (City)
Proceeding commenced under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: Z.22.009
Property Address: 10811 and 10819 Jane Street
Municipality/UT: Vaughan/York
OLT Case No: OLT-23-000284
OLT Lead Case No: OLT-23-000284
Heard: July 28, 2023, by Video Hearing
Appearances
| Parties | Counsel |
|---|---|
| Cacoeli Terra Vaughan Ltd. (“Applicant/Appellant”) | Max Laskin |
| City of Vaughan (“City”) | Candace Tashos, Alina Grigorescu (Articling Student) |
Memorandum of Oral Decision Delivered by D. Chipman on July 28, 2023, and Order of the Tribunal
Introduction
1Cacoeli Terra Vaughan Ltd. (“Applicant”) appealed its Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) applications for the properties municipally known as 10811 and 10819 Jane Street (“Site”) to the Ontario Land Tribunal ("Tribunal") pursuant to sections 22(7) and 34(11) of the Planning Act, for the failure of City of Vaughan’s (“City”) Council to make a decision regarding the applications within the applicable statutory timelines.
2The OPA seeks to amend the policies of Vaughan Official Plan 2010 (“VOP 2010”) specifically Volume 2, Section 11.13 – Block 27 Secondary Plan on the entirety of the Subject Lands as follows:
a) To amend Schedule B of the Block 27 Secondary Plan to redesignate the Subject Lands from “Low-Rise Mixed-Use” to “Mid-Rise Mixed-Use”.
b) To increase the maximum building height from two-storeys to 12-storeys; and,
c) To increase the maximum Floor Space Index (“FSI”) from 1.5 to 4.0 times the area of the lot.
3The ZBA seeks to rezone the Subject Lands as follows:
a) Amend Zoning By-law No. 1-88 to rezone the Subject Lands from “A Agricultural”, to “RA3 Apartment Residential Zone”, together with the site-specific zoning exceptions; and,
b) Amend Zoning By-law No. 001-2021 to rezone the Subject Lands from “FD Future Development” to “MMU Mid-Rise Mixed-use” together with a site-specific zoning exception.
4The Applications would permit the development of a 12-storey mixed-use residential building with a FSI of 4.0 times the lot area, 203 dwelling units, a daycare facility, an adult care facility at ground level and 214 parking spaces within two levels of underground parking (the “Development”).
5The Development of the 12-storey, mixed-use residential building would contain: 44 supportive housing units, provided at affordable rates, consist of two and four-bedroom units located on the second and third levels of the building, and 159 market residential units including a mix of one, two and three-bedroom units. The total proposed Gross Floor Area is 18,785 square metres, resulting in a density of 3.9 FSI. A total of 211 parking spaces would be provided in two underground levels. 139 bicycle parking spaces would also be provided.
6The Affidavit of Service of Notice of Case Management Conference (“CMC”) is marked as Exhibit 1.
7The Tribunal received no status request at this time.
Procedural Order and Issues List
8Counsel for the City indicated that direction from City Council could not be obtained due to the summer recess. The earliest possible time to receive direction would be in September of 2023 when Council resumes. The Parties did, however, indicate that discussions to date have been very productive.
9The Tribunal raised the prospect of opportunities to further the discussions with the assistance of Tribunal-led mediation of which, both Parties seemed agreeable. The Tribunal advised, should they wish to pursue Tribunal-led mediation, the Parties may contact the Case Coordinator to arrange mediation.
10Although the Tribunal received a draft Procedural Order (“PO”), it was of little benefit at this early stage in the process of the appeals without Council’s direction. The Parties sought a second CMC in November of 2023 to approve the final form of the PO or, in the meantime, if settlement discussions are successful, the Parties indicated that the CMC could be used as a settlement hearing.
11The Tribunal directed the Parties to provide an updated draft PO to be issued no later than 10 days before the next CMC. The Tribunal reminded the Parties to be prepared to discuss a draft PO and IL at the second CMC. The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all the issues prior to the CMC.
Second CMC
12A second CMC will commence on Wednesday, November 8, 2023, at 10 a.m. by video hearing.
13Parties 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:
Wednesday, November 8, 2023 at 10 a.m. (one-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: 709-076-365
14Parties 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.
15Parties 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
16Persons 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.
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.
Hearing
18Counsel also requested that twelve (12) days be set aside in 2024 for these appeals based on the number of witnesses expected to provide evidence and on the various disciplines of the experts to be called and based on the number of issues currently identified. The Tribunal directed that a 12-day hearing would be appropriate noting to the Parties that the amount of time set aside will be reviewed at the November 8, 2023, CMC.
19A 12-day hearing of the merits will commence on Tuesday, April 2, 2024, at 10 a.m. by video hearing.
20Parties 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:
Tuesday, April 2, 2024 (12-day Merits Hearing)
GoTo Meeting: https://meet.goto.com/558205565
Access Code: 558-205-565
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only Access Code: 558-205-565
21Please refer to paragraphs 13 to 16 for further hearing instructions.
Order
22THE TRIBUNAL ORDERS that a second Case Management Conference commence on Wednesday, November 8, 2023, at 10 a.m. by Video Hearing.
23THE TRIBUNAL ORDERS that a 12-day Hearing of the Merits will commence on Tuesday April 2, 2024, at 10 a.m. by Video Hearing.
24This Panel Member is not seized but remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
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.