Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 10, 2024

CASE NO(S).: OLT-22-004498

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

Applicant and Appellant: 1306497 Ontario Inc.

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

Description: To permit a transit-oriented development which includes residential towers, as well as amenity, retail and office space

Reference Number: OP.21.021

Property Address: 88 Steeles Avenue West

Municipality/UT: Vaughan/York

OLT Case No.: OLT-22-004498

OLT Lead Case No.: OLT-22-004498

OLT Case Name: 1306497 Ontario Inc. 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: 1306497 Ontario Inc.

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

Description: To permit a transit-oriented development which includes residential towers, as well as amenity, retail and office space

Reference Number: Z.21.043

Property Address: 88 Steeles Avenue West

Municipality/UT: Vaughan/York

OLT Case No.: OLT-22-004499

OLT Lead Case No.: OLT-22-004498

Heard: April 23, 2024 by video hearing

APPEARANCES:

Parties	Counsel
1306497 Ontario Inc. ("Applicant")	Joel Farber Matthew Rutledge
City of Vaughan	Bruce Engell E. Lidakis. Caitlin De Simone (Student-at-law)
Regional Municipality of York	Samantha Whalen Bola Ogunmefun (in absentia)
City of Markham	Andrew Biggart (in absentia)
Yonge Steeles Landowners Group Inc.	Sarah Kagan Ira T. Kagan (in absentia) Jason Park (in absentia)
Development Group (100 SAW) Inc.	Naomi Mares (in absentia) Tom Halinski (in absentia) Sidonia Tomasella (in absentia)
Mizrahi Constantine (180 SAW) Inc.	Austin Ray Quinto Annibale (in absentia) Brendan Ruddick (in absentia)
72 Steeles Holdings Limited and 7040 Yonge Holdings Limited	Christopher Barnett
Yonge & Steeles Developments Inc.	Natalie Ast Daniel Artenosi (in absentia)
Auto Complex Ltd.	Kyle Gossen Susan Rosenthal (in absentia)
Roman Catholic Episcopal Corporation for the Diocese of Toronto	David Tang Jessie White (in absentia)
398 Steeles Avenue West Inc.	Mary Flynn-Guglietti
Associated Vaughan Properties Limited	Mary Flynn-Guglietti

DECISION DELIVERED BY KURTIS SMITH AND interim ORDER OF THE TRIBUNAL

Link to the Order

INTRODUCTION

1This interim order arises from the Appeals brought forward from 1306497 Ontario Inc. ("Applicant") due to the failure of the City of Vaughan ("City") to make a decision on the Official Plan Amendment ("OPA") and Zoning By-law Amendment ("ZBA") for the property municipally known as 88 Steeles Avenue West ("Subject Site").

2The applications sought would see the redevelopment of the Subject Site with two high-rise residential towers atop a mutual podium containing retail and commercial space, public park land, and private and public streets. The Subject Site is currently occupied by an automotive dealership.

3The matter was set for a five-day merit hearing to commence on Monday, April 22, 2024. In advance of the hearing, the Parties were able to resolve all of the issues outlined on the Issues List and requested that a one-day Settlement Hearing be held on Tuesday, April 23, 2024.

4To support the Settlement Proposal, the sole witness called was David McKay, a land use planner who, upon review of his Curriculum Vitae and Acknowledgement of Expert's Duty form, was qualified without objection by the Tribunal to provide opinion evidence in land use planning.

THE SETTLEMENT PROPOSAL

5Mr. McKay has been involved in the redevelopment of the Subject Site since 2018 and was proficient in providing the Tribunal with a detailed overview of the Settlement Proposal.

6The Settlement Proposal is the next "puzzle piece" of the redevelopment of the area that aligns with the now-approved Younge Steeles Corridor Secondary Plan ("YSCSP"). As shown on the visuals starting on Page 7 of Exhibit 2, the redevelopment will see the creation of two high-rise residential towers, utilizing an angular plain as the towers are proposed at 58 and 40 storeys with 25 metres separation between the towers that are atop an 8 to10 storey podium. To the west of the towers is the creation of a new public street that leads north, connecting the Royal Palm Drive extension. At the rear of the Subject Site, the Applicant is dedicating 1,970 square metres of parkland to the City providing additional space between the existing low-density residential to the rear of the Subject Site and the proposed towers.

7Mr. Farber, Counsel for the Applicant communicated to the Tribunal that with the approval of the YSCSP, the OPA is no longer required for the redevelopment and requested that the Tribunal dismiss the OPA following the issuance of the Final Order and confirmation from the Applicant and the City that the OPA Appeal is not necessary.

PLANNING EVIDENCE

8Mr. McKay provided the Tribunal with oral and written evidence (Exhibit 1 and 2) to support his opinion that the ZBA has regard for s. 2 of the Planning Act ("Act"), is consistent with the Provincial Policy Statement ("PPS"), conforms to the Growth Plan for the Greater Golden Horseshoe ("Growth Plan"), conforms to the Regional Municipality of York Official Plan ("YOP"), City of Vaughan Official Plan ("VOP"), and YSCSP, and has appropriate regard for the applicable guidelines, and his overall conclusion that the Settlement Proposal represents good land use planning is in the public interest and includes appropriate conditions.

9The above-mentioned planning documents relating to the Settlement Proposal have several common elements. Mr. McKay communicated to the Tribunal that through the implementation of the ZBA the following will be achieved:

a. Provides for appropriate and reasonable density that is transit-supportive of the proposed Steeles Toronto Transit Commission Station;

b. Provides intensification, urban revitalization and growth in a modern urban format that is compact, vibrant and pedestrian-oriented;

c. Permits a range of residential housing units and types which will provide additional housing choices for existing and future residents in this area of the City;

d. Permits re-development of the Subject Site in an appropriate manner, utilizing and optimizing existing municipal infrastructure and will provide for upgrades (as required) to existing infrastructure;

e. Conforms to the policies on sustainable development and promotes a sustainable community by incorporating low-impact development measures, transportation demand management measures and other green infrastructure;

f. Is in reasonable walking and cycling distance to commercial, recreational and educational facilities, thus supporting a healthy and active lifestyle for future residents; and

g. Is compatible with adjacent and surrounding land uses.

10Mr. McKay addressed the participant statement of the Spring Farm Ratepayers Association ("SFRA"). In short, the SFRA is concerned about the lack of a community center in the area. Mr. McKay communicated that the proposed development contributes an abundance of land dedicated to the City for parkland. He went on to explain that space is available in the podium of the development in the event the City is interested in creating a public community space.

FINDINGS

11The Tribunal accepts the uncontested planning evidence and opinions of Mr. McKay and is satisfied that the ZBA represents good planning, has regard for matters of provincial interest, is consistent with the PPS, and conforms to the Growth Plan, YOP, VOP, and YSCSP. Additionally, the Tribunal finds the requirement of the OPA is no longer required as a result of the YSCSP approval.

INTERIM ORDER

12THE TRIBUNAL ORDERS THAT the appeal is allowed in-part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [13] below, and the Zoning By-law Amendment set out in Schedule A to this Interim Order, is hereby approved in principle.

13The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of 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. provides a clearance letter to the Tribunal and the Parties from the Trustee confirming the Appellant is a member in good standing of the Landowners Group; and

c. The City and Appellant advise the Tribunal that significant community infrastructure that benefits the Secondary Plan Area as a whole has been provided or secured, as contemplated by policy 8.4(g) of the Secondary Plan.

14The Appellant is directed to circulate the final form of the Zoning By-law Amendment to the other Parties of the appeal for their review and comments, prior to the City and Appellant confirming with the Tribunal that the final form of the Zoning By-law Amendment is satisfactory.

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.

16The Tribunal Orders that the Official Plan Amendment appeal shall be dismissed upon issuance of the Tribunal's Final Order and confirmation from the Appellant and the City that the Official Plan Amendment appeal is not necessary.

17This Member will remain seized for the issuance of the Final Order and may be contacted through the Case Coordinator should procedural issues arise.

18The Tribunal Orders that, in accordance with Rule 24.3 of the Tribunal's Rules of Practice and Procedure, this Order is effective on April 23, 2024.

"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.