Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 23, 2024

CASE NO(S).: OLT-23-000924

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

Applicant and Appellant: Concen Development Limited

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

Description: To permit the development of two 12-storey mixed-use residential buildings consisting of 700 dwelling units, 1,080 square metres of ground floor commercial space fronting on to Centre Street, a 1,205 square metre privately owned public space (POPS) and a Floor Space Index (FSI) of 4.08 times the area of the lot

Reference Number: OP.22.023

Property Address: 1260, 1272, 1282, 1294, 1304 and 1314 Centre Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-23-000924

OLT Lead Case No.: OLT-23-000924

OLT Case Name: Concen Development Limited v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Concen Development Limited

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

Reference Number: Z.22.045

Property Address: 1260, 1272, 1282, 1294, 1304 and 1314 Centre Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-23-000925

OLT Lead Case No.: OLT-23-000924

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Referred by: Concen Development Limited

Subject: Site Plan

Reference Number: DA.22.077

Property Address: 1260, 1272, 1282, 1294, 1304 and 1314 Centre Street

Municipality/UT: City of Vaughan/ Regional Municipality of York

OLT Case No.: OLT-23-000926

OLT Lead Case No.: OLT-23-000924

Heard: January 9, 2024, by video conference

APPEARANCES:

Parties	Counsel
Concen Development Limited	Rodney Gill
City of Vaughan	Zaynah Al-Waadh

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON JANUARY 9, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference with respect to appeals filed by Concen Development Limited (“Applicant” or “Appellant”) regarding the failure of the Council of the City of Vaughan (“City”) to make a decision within the timeframe prescribed in the Planning Act, R.S.O. 1990, c. P.13, as amended, on an application for an Official Plan Amendment (“OPA”), an application to Amend the Zoning By-law (“ZBA”) and a Site Plan Application relating to the properties municipally known as 1260, 1272, 1282, 1294, 1304, 1314 Centre Street (“Subject Site”) in the City in the Region of York.

2The Appellant is proposing to redevelop the Subject Site with a mixed-use development comprised of two 12-storey mid-rise residential buildings with step backs (reducing in height from South to East). The proposal will provide 700 dwelling units, 1,080 square metres (“m2”) of ground floor commercial space fronting onto Centre Street, a 1,205 m2 privately owned public space (“POPS”), a floor space index (“FSI”) of 4.08 times the area of the Subject Site, 562 vehicle parking spaces and 733 bicycle spaces.

3The intended purpose of this CMC is to consider Party and Participant Status Requests and to review the Draft Procedural Order and Issues List.

4The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Renata Ribeiro as Exhibit 1. There were no issues with the Service of Notice of the CMC, and as such, no further notice is required.

PARTY & PARTICIPANT STATUS REQUESTS

5Prior to the commencement of the CMC the Tribunal was in receipt of 22 Party Status Requests and four Participant Status Requests. In preparation of the CMC the Tribunal reviewed the requests and noted the following:

a. Duplication of status request explanations

b. Multiple requests from the same address

c. Party requests that outline the persons position on the issues and reason in support of that position (similar to what is required for a Participant Request), instead of outlining the interest and explanation as to how their involvement will help the Tribunal resolve the issues raised in the appeal.

6The Tribunal reviewed Rule 8 and Rule 7.7 of the Tribunal Rules of Practice and Procedure for the persons in attendance seeking Party and Participant Status.

7Mr. Gill, Counsel for the Appellant, did not consent to any of the Party Status Requests, stating that a number of the issues raised do not pertain to the matter before the Tribunal. Moreover, he stated that there are no issues that are not already submitted by the City. Mr. Gill consented to the Participant Status Requests and communicated to the Tribunal that he would be favourable to converting the Party Status Requests to Participant Status Requests.

8Ms. Al-waadh, Counsel for the City, noted that some of the Party Status Requests are speaking to non-planning matters and recognizes that the requests have been submitted without legal representation. She submitted that the City does not oppose the Party Status Requests in total and sees there is room for efficiencies. Ms. Al-Waadh consented to the Participant Status Requests.

9The Tribunal heard from a handful of individuals seeking Party Status and it became apparent that there was some misunderstanding of process, the matter before the Tribunal, and concerns as to the timing of the CMC. It was indicated that the residents of the neighbourhood may consider creating a neighbourhood association and seek Party Status.

10The Tribunal converted all Party Requests to Participant Requests, granted all 26 Participant Requests and directed Mr. Gill to include a deadline in the Draft Procedural Order (“DPO”) for the Participants to collaborate to submit one statement per household and/or to submit a common statement(s) to reduce the number of Statements.

11Subsequent to the conclusion of the CMC, the Tribunal detected an un-intentional oversight of a Participant Request from Carl Zeliger. Through correspondence with Mr. Gill, Ms. Al-waadt and the Case Coordinator, both Parties consented to granting the additional Participant Request to Mr. Zeliger.

12Mr. Gill committed to circulating the Appellants revised plans for the proposed development and draft Issues List to the Participants to help alleviate any confusion as mentioned above in Paragraph 9.

13The list of Participants is attached as Attachment 1 to this order.

SECOND CASE MANAGEMENT CONFERENCE

14Ms. Al-waadt communicated to the Tribunal that instructions will be received for the City’s Issues List by City Council during their March 2024 Council meeting sessions and requested that a second CMC be scheduled thereafter.

15Mr. Gill submitted that the City has had ample time to seek instructions and requested that the hearing of the merits be scheduled at this time.

16The Tribunal scheduled a second CMC for Friday, April 5, 2024, at 10 a.m. by Video Hearing to allow sufficient time for the City to receive instructions from City Council and for the potential submission of a Party Request from a neighbourhood association, as mentioned above in Paragraph 9. Any such Party Requests must be submitted to the Tribunal 10 days in advance to the second CMC.

17Parties and participants 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:

GoTo Meeting: https://global.gotomeeting.com/join/660145013

Access code: 660-145-013

18Parties and Participants 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

19Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is 660-145-013.

20Individuals 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.

ORDER

21THE TRIBUNAL SO ORDERS and provides the above directive for the purpose of case management of these proceedings.

22THE TRIBUNAL ORDERS the following:

a. The individuals listed on Attachment 1 be granted Participant Status and that one statement be submitted per household and/or common statement(s) be submitted.

b. The Appellant revise the Draft Procedural Order to include a deadline for the revised Participant Statements.

c. The Appellant circulate by email the revised plans of the proposed development and draft issues list to the Participants.

d. A second Case Management Conference is scheduled for Friday, April 5, 2024, at 10 a.m. by Video Hearing.

“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.

ATTACHMENT 1

Ajay Kapur
Anna Colucci
Bruno Colucci
Carl Zeliger
Daniel Rogojanski
Dena LeBlanc
Dmitri Rogojanski
Edward Goyzman
Elena Rogojanski
Helen Gorenstein
James Burko
Jeffrey Peters
John Kucharczuk
Kevin LeBlanc
Krishana Kapur
Luisa Navarro
Max Haim
Michelle Burko
Nishtha Kapur
Nives Lio
Olton Hysenbegas
Pierina Lio
Robert Burko
Robert Savo
Rosemary Waxman
Teresa Savo-Sardaro
Violet Burko

Concen Development Limited v. Vaughan (City), 2024 CanLII 5509

Case Summary

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

INTRODUCTION

PARTY & PARTICIPANT STATUS REQUESTS

SECOND CASE MANAGEMENT CONFERENCE

ORDER

ATTACHMENT 1