Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 21, 2024
CASE NO(S).: OLT-24-000811
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 3300 Rutherford Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To facilitate a high-rise mixed-use development, up to 29 storeys high and with 2,009 units
Reference Number: OP.23.001
Property Address: 3300 Rutherford Road
Municipality/UT: Vaughan/York
OLT Case No: OLT-24-000811
OLT Lead Case No: OLT-24-000811
OLT Case Name: 3300 Rutherford Developments Inc. v Vaughan (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 3300 Rutherford Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate a high-rise mixed-use development, up to 29 storeys high and with 2,009 units
Reference Number: Z.23.002
Property Address: 3300 Rutherford Road
Municipality/UT: Vaughan/York
OLT Case No: OLT-24-000812
OLT Lead Case No: OLT-24-000811
Heard: October 7, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 3300 Rutherford Developments Inc. ("Applicant/Appellant") | John Pappas, Patrick Harrington (in absentia) |
| City of Vaughan ("City") | Zaynab Al-waadh |
MEMORANDUM OF ORAL DECISION DELIVERED BY S.L. DIONNE ON OCTOBER 7, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on the appeals of 3300 Rutherford Developments Inc., in respect of the failure of the Council of the City of Vaughan to make decisions on planning applications for amendments to the City’s Official Plan and Zoning By-law, affecting the lands municipally known as 3300 Rutherford Road in the City of Vaughan (“Subject Property”).
2The Subject Property is located northeast of the interchange of Highway No. 400 and Rutherford Road, and is currently the site of a commercial strip plaza and eating establishment. The Applicant/Appellant is seeking approvals to comprehensively re-develop the Subject Property as four mixed use development blocks, two public roads, and a public park. It is proposed that the development blocks will provide for several podium and tall buildings with heights ranging from 12 to 29 storeys (exclusive of the podiums).
3The Tribunal received an Affidavit of Service, sworn on September 13, 2024, confirming that proper notice of this CMC was given, and marked same as Exhibit 1.
REQUESTS FOR STATUS
4The Tribunal received a request for Party status from Jason Frittaion on behalf of the Southwest Maple Community and it was set aside by the Tribunal to provide Mr. Frittaion an opportunity to investigate the potential for incorporation of a residents’ association/ratepayers’ group, and to consider the type of status being requested in the appeals.
5The Tribunal received Participant status requests from Ellis Di Nola, Thy Dinh, Joe De Leo, and Hamideh Habibi, and accepted their Participant Statements on consent of the Parties.
PROCEDURAL MATTERS
6The Tribunal was advised that the Parties have been engaged in without prejudice discussions, to find some resolution to, and scoping of, the issues between them, which has involved a resubmission of the plans/drawings related to the development proposal. The Parties were also aware that, should they have an interest, there are opportunities for Tribunal-led mediation available.
7The Parties agreed on procedural matters and were seeking the scheduling of a second CMC to be held in January 2025 to allow for further discussions and, as noted by Counsel for the City, to provide sufficient time for the City to obtain instructions from City Council on the appeals.
8The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.
NEXT STEPS
9A second CMC is scheduled to commence on Thursday, January 16, 2025, at 10 a.m. by video conference. The second CMC will provide a touchpoint with the Tribunal as to the progress of discussions between the Parties, to identify the remaining issues, and to finalize a Procedural Order (“PO”).
10The Tribunal directs the Parties, in the event the matters are not settled, to prepare a Draft PO and Issues List and to submit same by no later than 4:30 p.m. on Friday, January 3, 2025.
11Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
12Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is as indicated above.
13Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
14The Tribunal orders the above directives.
15No further notice is required.
16This Member is not seized.
“S.L. Dionne”
S.L. Dionne 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.