Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 18, 2024
CASE NO.: 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/UT: 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: 1494096 Ontario Inc.
Subject: 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/UT: Vaughan/York
OLT Case No.: OLT-23-000325
OLT Lead Case No.: OLT-23-000324
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1494096 Ontario Inc.
Subject: 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/UT: Vaughan/York
OLT Case No.: OLT-23-000326
OLT Lead Case No.: OLT-23-000324
BEFORE:
STEVEN COOKE VICE-CHAIR Monday, the 25th day of March, 2024
THESE MATTERS, in respect of the lands at 80 Glen Shields Avenue (the “Lands”) in the City of Vaughan (the “City”), having come for a public hearing on March 25, 2024 before the Ontario Land Tribunal (the “Tribunal”);
THE TRIBUNAL having considered, accepted, and adopted the expert opinion evidence of the Applicant’s witnesses that has also been adopted by the City as they support the revised proposal;
AND THE TRIBUNAL being persuaded by the evidence that the proposal promotes efficient development of land, accommodates a range of appropriate mixed uses, intensifies uses within the settlement area, and contributes to the range of housing options, particularly with the increase in housing options for seniors as desired by the City;
AND THE TRIBUNAL finds that the Revised Proposal is consistent with the policy direction established by the PPS, conforms to the relevant directives established by the Growth Plan, and as maintained by the OP. The Tribunal is further satisfied that the Revised Proposal has due regard for matters of provincial interest, is consistent with the principles of good land-use planning and is in the greater public interest. More significantly, the proposal furthers the goals and objectives of the provincial planning regime to increase housing opportunities;
NOW THEREFORE
THE TRIBUNAL ORDERS on an interim basis that the appeals under subsections 22(7) and 34(11) of the Planning Act are allowed, in part;
AND THE TRIBUNAL FURTHER ORDERS:
The Official Plan Amendment to the City of Vaughan Official Plan is amended generally in accordance with Attachment “A” to this Order;
The Zoning By-law Amendment to City of Vaughan’s Zoning By-law 001-2021, is approved, in principle, generally in accordance with Attachment “B” to this Order;
The Tribunal’s final Order is withheld until the City of Vaughan and the Applicant have notified the Tribunal and parties that the following conditions have been satisfied:
a. The Tribunal has received and approved the Official Plan Amendment and Zoning By-law Amendment instruments in a final form, confirmed to be satisfactory to the City of Vaughan’s Deputy City Manager, Planning and Growth Management;
b. The Tribunal is advised that the following updated reports have been submitted to the City and are to the satisfaction of the Deputy City Manager, Planning and Growth Management and the Deputy City manager, Infrastructure Development, as appropriate:
i. Planning Justification Report;
ii. Architectural Package including Site Plan Statistics;
iii. Tree Inventory and Preservation Report;
iv. Sustainability Metrics Performance;
v. Civil Engineering Drawings;
vi. Functional Servicing and Stormwater Management Report;
vii. Noise and Vibration Impact Study;
viii. Hydrogeological Assessment;
ix. Geotechnical Engineering Report;
x. x. Traffic Impact Study;
xi. Site Screening Questionnaire and Environmental Certification;
xii. Phase One Environmental Site Assessment;
xiii. Cost estimate for City assets within the park that will be affected by the proposed development; and
xiv. Appellant has agreed to enter into an External Works and Permission to Enter Agreement with the City;
- The Panel Member will remain seized for the purposes of reviewing and approving the final drafts of the planning instruments and the issuance of the Final Order.
AND THE TRIBUNAL FURTHER ORDERS the appeal pursuant to subsection 41(12) of the Planning Act is adjourned sine die. The parties shall contact the case coordinator with an update on the remaining site plan approval appeal and, if necessary, request a date be scheduled for the hearing of same;
AND THE TRIBUNAL FURTHER ORDERS the Tribunal may be spoken to with respect to the implementation of this interim Order, including any difficulties that may arise with respect to the satisfaction of the above conditions.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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.
ATTACHMENT A
ATTACHMENT B