Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 19, 2024

CASE NO(S).: OLT-22-004122

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Auto Complex Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Purpose: To permit medium and high-density development blocks, a public park and network of public streets

Property Address: 7200 Yonge Street

Municipality: City of Vaughan

Municipal File No.: OP.22.001

OLT Case No.: OLT-22-004122

OLT Lead Case No.: OLT-22-004122

OLT Case Number: Auto Complex Ltd. 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: Auto Complex Ltd.

Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision

Purpose: To permit medium and high-density development blocks, a public park and network of public streets

Property Address: 7200 Yonge Street

Municipality: City of Vaughan

Municipal File No.: Z.22.004

OLT Case No.: OLT-22-004123

OLT Lead Case No.: OLT-22-004122

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Auto Complex Ltd.

Subject: Proposed Plan of Subdivision – Failure of City of Vaughan to make a decision

Purpose: To permit medium and high-density development blocks, a public park and network of public streets

Property Address: 7200 Yonge Street

Municipality: City of Vaughan

Municipal File No.: 19T-22V001

OLT Case No.: OLT-22-004124

OLT Lead Case No.: OLT-22-004122

Heard: December 1, 2023, by video hearing

APPEARANCES:

Parties	Counsel
Auto Complex Ltd.	S. Rosenthal K. Gossen
City of Vaughan	B. Engell C. Dougherty
Mizrahi Constantine (180 SAW) Inc.	B. Ruddick A. Whyte (in absentia) Q. Annibale (in absentia)
Development Group (100 SAW) Inc.	I. Kagan N. Mares (in absentia) M. Helfand (in absentia) T. Halinski (in absentia) S. Tomasello (in absentia)
Yonge Steeles Landowners Group Inc.	I. Kagan S. Kagan (in absentia) J. Park (in absentia) K. Stitt (in absentia)
Yonge & Steeles Developments Inc.	N. Ast D. Artenosi (in absentia)
72 Steeles Holding Limited; and 7040 Yonge Holdings Limited, collectively, Humbold Properties	I. Kagan C. Barnett (in absentia)
390 Steeles West Holdings Inc.; 398 Steeles Avenue West Inc.; and Associated Vaughan Properties Limited	P. Pinho M. Flynn-Guglietti (in absentia) K. Sutton (in absentia)
Regional Municipality of York	B. Ogunmefun
Morguard Corporation	J. Shapira M. Bradley (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON December 1, 2023 AND ORDER OF THE TRIBUNAL

Link to the Order

BACKGROUND/INTRODUCTION

1This interim order arises from the appeals brought forward from Auto Complex Ltd. (“Appellant”) due to the failure of the City of Vaughan (“City”) to make a decision on the Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and associated Draft Plan of Subdivision (“Draft Plan”) for the property municipally known as 7200 Younge Street (“Site”).

2The applications sought would see the redevelopment of the Site with townhouses, mid-rise and high-rise towers, a large public park, privately owned publicly accessible spaces (“POPS”), and private and public streets.

3The Site is currently occupied by automobile dealerships and an auto repair facility, all having surface parking areas that are accessed by a network of internal roads.

4The matter was set for an eight-day merit hearing to commence on Thursday, November 23, 2023. Leading up to the hearing the Parties were able to resolve nearly all the issues outlined on the Issues List (“IL”).

5At the eleventh hour, the Parties reached a full settlement and requested that a one-day Settlement Hearing be held on Friday, December 1, 2023.

6To support the Settlement Proposal, the sole witness called was Maria Gatzios, a land use planner who, upon review of her Curriculum Vitae and Acknowledgment of Expert’s Duty form, was qualified without objection by the Tribunal to provide opinion evidence in land use planning.

THE SETTLEMENT PROPOSAL

7Ms. Gatzios provided the Tribunal with a fulsome overview of the Settlement Proposal.

8The Settlement Proposal will see the redevelopment of the Site which primarily aligns with the now-approved Yonge Steeles Corridor Secondary Plan (“YSCSP”). As shown on Exhibit 3, Tab 43 (page 2495), Block 1 contains three-storey townhouse blocks, and mid-rise residential buildings ranging from 9 to 25 storeys increasing in height as they approach Block 2 and containing 1,137 residential units. Block 2 will see the development of mixed-used high-rise towers with a total of 3,803 residential units. The towers increase in size in a clockwise pattern starting in the southwest corner of the block, from 30 storeys to 55 storeys in the southeast corner. POPS are mingled throughout Blocks 1 and 2. Finally, Block 3 is 0.90 hectare (“ha”) dedicated as a public park.

9Ms. Gatzios explained that with the approval of the YSCSP the OPA is only required for the reduction of Block 3 and to remove the requirement of the northern limits of the block to align with a future private east/west road.

PLANNING EVIDENCE

10Ms. Gatzios provided the Tribunal with oral and written evidence (Exhibits 1 and 2) to support her opinion that the OPA, ZBA and Draft Plan represent good planning, having regard for s. 2 of the Planning Act (“Act”), are consistent with the Provincial Policy Statement (“PPS”), conform to the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”), conform to the Region of York Official Plan (“YOP”), City of Vaughan Official Plan (“VOP”), and YSCSP, and have appropriate regard for the applicable guidelines, and her overall conclusion that the Settlement Proposal represents good land use planning, is in the public interest and includes appropriate conditions.

11The above-mentioned planning documents relating to the Settlement Proposal have several common elements and are implemented through the OPA, ZBA, and Draft Plan, including:

a. Supports mixed-use intensification at varying densities.

b. Promotes residential infill development within built-up areas.

c. Provides a wide range of housing options.

d. Appropriately connects to the existing road network and supports the existing and planned transit infrastructure.

e. Contributes to the Yonge Steeles character ambitions – open space, scale and height (angular plane).

FINDINGS

12The Tribunal accepts the uncontested planning evidence and opinions of Ms. Gatzios and is satisfied that the OPA, ZBA, and associated Draft Plan represent good planning, have regard for matters of provincial interest, are consistent with the PPS, conform to the Growth Plan, YOP, VOP, and YSCSP, and have appropriate regard for the applicable Guidelines.

INTERIM ORDER

13THE TRIBUNAL ORDERS THAT the Appeals are allowed, in part on an interim basis contingent upon confirmation, satisfaction, or receipt of those pre-requisite matters identified in paragraph 14 below, the Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and Conditions of Draft Plan of Subdivision Approval (collectively, the “Planning Instruments”), attached to this Interim Order as Schedules A, B, C and D, respectively, are hereby approved in principle;

14The Tribunal will withhold the issuance of its Final Order contingent upon confirmation by the City Solicitor of the following pre-requisite matters:

a. Receipt by the Tribunal, for its review and approval, the final form of the Planning Instruments, confirmed to be satisfactory by the City and the Appellant;

b. The Yonge Steeles Landowners Group Inc. providing a clearance letter to the Tribunal and the Parties from the Trustee confirming that the Appellant is a member in good standing of the Landowners Group; and

c. The City and the Appellant advising the Tribunal that they have entered into an agreement whereby the Appellant agrees to provide or secure applicable community infrastructure that benefits the Yonge Steeles Corridor Secondary Plan - South Area, as contemplated by Policy 8.4(g) of the Yonge Steeles Corridor Secondary Plan.

15The City of Vaughan is directed to advise the Tribunal, within six months of the issuance of this Interim Order, of the Parties’ request for issuance of the Final Order, or if more time is needed, the expected timeline for same.

16This Member will remain seized for the issuance of the Final Order and may be contacted through the Case Coordinator should procedural issues arise.

17The TRIBUNAL ORDERS that, in accordance with Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective on December 1, 2023

“Kurtis Smith”

Kurtis Smith

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.