Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 24, 2024
CASE NO(S).: OLT-22-002104
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1042710 Ontario Limited (aka Royal Centre) Appellant: 1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch Appellant: 1150 Centre Street GP Inc. Appellant: 1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. and others Subject: Zoning By-law Description: New City-wide comprehensive zoning by-law Reference Number: By-law 001-2021 Property Address: City Wide Municipality/UT: Vaughan/York OLT Case No: OLT-22-002104 OLT Lead Case No: OLT-22-002104 OLT Case Name: D'Aversa v. Vaughan (City)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1042710 Ontario Limited (aka Royal Centre) Appellant: 1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch Appellant: 1150 Centre Street GP Inc. Appellant: 1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. and others Subject: Zoning By-law Description: Transitional by-law Reference Number: By-law 039-2022 Property Address: City Wide Municipality/UT: Vaughan/York OLT Case No: OLT-22-003554 OLT Lead Case No: OLT-22-002104
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal No. 002744 to Comprehensive Zoning By-law 001-2021 by Dufferin Vistas Ltd. in respect of a portion of the lands municipally known as 230 Grand Trunk Avenue, City of Vaughan, and approving certain amendments to Comprehensive Zoning By-law 001-2021 in accordance with Exhibit “I” to the affidavit of Robert Rappolt affirmed May 24, 2024, consequential changes to Map 132 in Schedule A to Comprehensive Zoning By-law 001-2021 and to dismiss the balance of Appeal No. 002744 to Comprehensive Zoning By-law 001-2021
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal No. 002773 to Comprehensive Zoning By-law 001-2021 ad Appeal No. 004792 to Transition By-law 039-2022 by Condor Properties Ltd. in respect of the lands municipally known as 11-51 Woodend Place, City of Vaughan, and approving certain amendments to Comprehensive Zoning By-law 001-2021 in accordance with Exhibit “M” to the affidavit of Robert Rappolt and consequential changes to Maps 161 and 162 in Schedule A to Comprehensive Zoning By-law 001-2021, and to dismiss the balance of Appeal No. 002773 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004792 to Transition By-law 039-2022
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal No. 002758 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004768 to Transition By-law 039-2022 by Armland Management Inc. (“Armland”) in respect of the lands municipally known as: (a) 3620 Kirby Road, City of Vaughan, (b) 11950 Jane Street, City of Vaughan (c) Part of Lot 35, Concession 5, City of Vaughan, (d) 11600 Jane Street, City of Vaughan, (e) 3210 and 3270 Kirby Road, and Parts 1 and 2, 65R-27753, City of Vaughan, (f) Part of Lot 1, Concession 6 (King), being Part 3, 65R-6516, (g) 11455 Weston Road, City of Vaughan, (h) 2615 Kirby Road (Parts 1, 2 and 3, 65R-28516), City of Vaughan (collectively the “Resolved Armland Lands”, to approve certain amendments to Comprehensive Zoning By-law 001-2021 in accordance with Exhibits “O”, “P”, “Q”, “R”, “S”, “T”, “U” and “V” to the affidavit of Robert Rappolt and consequential changes to Maps 223, 226, 243, 244, 245, 246, 264, 265, 283 and 285 in Schedule A to Comprehensive Zoning By-law 001-2021 and to dismiss the balance of Appeal No. 002758 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004768 to Transition By-law 039-2022 in respect of the Resolved Armland Lands and scoping and limiting the balance of Appeal No. 002758 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004768 to Transition By-law 039-2022 to the remainder of the Armland lands under appeal
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order directing that Appeal No. 002792 to Comprehensive Zoning By-law 001-2021 be considered at a September 18, 2024 Case-Management Conference for proceedings bearing OLT Case No. OLT-24-000031 (along with its associated files OLT-24-000032 and OLT-24-000033), being appeals by Avenue 7 Developments Ltd. of site-specific applications for lands municipally known as 2267 Highway 7 and 7700 Keele Street, City of Vaughan, for the purposes of considering consolidation or hearing together of the foregoing appeals
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order directing that Appeal No. 002792 to Comprehensive Zoning By-law 001-2021 be considered at a September 18, 2024 Case-Management Conference for proceedings bearing OLT Case No. OLT-24-000031 (along with its associated files OLT-24-000032 and OLT-24-000033), being appeals by Avenue 7 Developments Ltd. of site-specific applications for lands municipally known as 2267 Highway 7 and 7700 Keele Street, City of Vaughan, for the purposes of considering consolidation or hearing together of the foregoing appeals
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order directing that Appeal No. 002717 to Comprehensive Zoning By-law 001-2021 be considered at a June 19, 2024 Case-Management Conference for proceedings bearing OLT Case No. OLT-22-002276 (along with its associated files OLT-22-003057 and OLT-22-004775), being appeals by 7700 Bathurst LP of site-specific applications for lands municipally known as 7700 Bathurst Street, City of Vaughan and of the City of Vaughan Official Plan Amendment No. 90 regarding the Promenade Centre Secondary Plan, for the purposes of considering hearing of the foregoing appeals together
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order directing that Appeal No. 002798 to Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022 be considered at the hearing scheduled to commence on July 2, 2024, being third-party appeals of zoning by-law and official plan amendment approvals obtained by Clubhouse Developments Inc. for lands municipally known as 20 Lloyd Street, 241 Wycliffe Avenue, 737 and 757 Clarence Street, City of Vaughan, for the purposes of considering hearing of the foregoing appeals together
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order providing, pursuant to subsection 34(31) of the Planning Act, that Comprehensive Zoning By-law 001-2021 is deemed to have come into force on the day that this aforementioned Comprehensive Zoning By-law was passed (i.e. October 20, 2021) and Transition By-law 039-2022 is deemed to have come into force on the day the aforementioned Transition By-law was passed (i.e. March 22, 2022) for the lands legally described as Block 6, 65M-4385, City of Vaughan, in respect of which lands Appeal No. 002758 of Comprehensive Zoning By-law 001-2021 and Appeal No. 004768 of Transition By-law 039-2022, filed by Armland Management Inc., have been withdrawn in writing filed with the Tribunal
Heard: June 10, 2024, by Video Hearing
APPEARANCES:
Parties Counsel/Self-Represented*
City of Vaughan Candace Tashos Lee English Piper Morley (in absentia) Pitman Patterson (in absentia)
1042710 Ontario Limited (The Royal Centre) David Neligan Matthew Helfand (in absentia) Andrea Skinner (in absentia)
Brent Peebles David Neligan Leo Longo (in absentia)
My Place On 7 Inc. David Neligan Matthew Helfand (in absentia)
Avenue 7 Developments Ltd. David Neligan Eileen Costello (in absentia)
Jane Teston Holdings Inc. David Neligan Patrick Harrington (in absentia) John Pappas (in absentia)
Development Group (100 SAW) Inc. David Neligan Tom Halinski (in absentia)
Amar Transport Inc. and 3942198 Canada Inc. David Neligan Patrick Harrington (in absentia)
Madison VIVA Bathurst Holdings Limited David Neligan Eileen Costello (in absentia)
Midvale Estates Limited, 2117969 Ontario Inc. 243127 Ontario Limited Grace O’Brien John Alati (in absentia) Andy Margaritis (in absentia)
Kentview Estates Inc. Grace O’Brien Meaghan McDermid (in absentia) Andy Margaritis (in absentia)
Eastwood Holdings Corp. Grace O’Brien Meaghan McDermid (in absentia) Andy Margaritis (in absentia)
Zepco Holdings Inc. Grace O’Brien Robert Miller (in absentia)
Clubhouse Developments Inc. Grace O’Brien Mark Flowers (in absentia)
Lindvest Properties (Pine Valley) Limited; Lindvest Properties (Pine Valley RB) Limited; 1387700 Ontario Limited; and Roybridge Holdings Limited Alex Lusty Robert Miller (in absentia)
ZZEN, Armland Management Inc., 3911 Teston Road Inc., York Major Holdings Inc., Quadcam – Q-Towers and 77 Woodstream and Condor Properties Ltd. Alex Lusty Robert Miller (in absentia)
1972380 Ontario Limited and 1219414 Ontario Limited; and 1163919 Ontario Limited, 1888836 Ontario Limited, and 1211612 Ontario Limited Alan Heisey, K.C.
Princess Hollywood Convention and Banquet Centre Inc.; Mizrahi Constantine (180 SAW) Inc.; 785343 Ontario Ltd. and I & M Pandolfo Holdings Inc; Rutherford Land Development Corp.; 2678462 Ontario Ltd. (previously 1834375 Ontario Inc. (Liberty Development Corporation)); Ozner Corporation (South); West Rutherford Properties Ltd.; Kirbywest Ltd.; Blair Building Materials Inc.; Coco Paving Inc.; CRH Canada Group Inc.; Maple Industrial Landowners Group Inc. Alexandra Whyte Quinto Annibale (in absentia) Brendan Ruddick (in absentia)
Home Depot of Canada Inc. and Royal Group Inc. Jesse White David Tang
2735447 Ontario Inc. Ian Andres
Toromont Industries Ltd. Jamie Cole Daniel Angelucci (in absentia) Michael Foderick (in absentia)
7700 Bathurst LP (formerly 1529749 Ontario Limited); Promenade Limited Partnership Joe Hoffman
1930328 Ontario Inc. (Liberty Development Corporation); 1834371 Ontario Inc. (Liberty Development Corporation) Max Laskin
2748355 Canada Inc., RP B3S Holdings Inc., Mobilio Developments Ltd., RP B3N Holdings Inc. Patrick Duffy Donya Yarahmadi (in absentia) Jonathan Cheng (in absentia)
1529749 Ontario Limited, Genezzano Highrises Inc. and Granerola Development Inc Patrick Pinho Mary Flynn-Guglietti (in absentia)
Danlauton Holdings Ltd. and Sedano Group Corp. Patrick Pinho Annik Forristal (in absentia)
Block 41 Landowners Group Sarah Kagan Ira T. Kagan (in absentia)
2708971 Ontario Inc. Stephanie Fleming Russell Cheeseman (in absentia)
Canadian National Railway Company Max Reedijk Katarzyna Sliwa (in absentia)
Tony Nicoletti Self-Represented*
228 Steeles West Limited Alan Heisey, K.C.
H & L Tile Inc. and Ledbury Investments Ltd., 2090396 Ontario Limited, and Concen Developments Limited Grace O’Brien Mark Flowers (in absentia)
Arbor Memorial Inc. Tom Barlow, K.C.
Stellex Properties Inc.; 2268005 Ontario Limited; Guscon Mackenzie GP Inc. and Gusgo Holdings Ltd.; Teston Villas Inc., MM 27 Ltd., Rizmi Holdings Limited; Lucia Milani and Lucia Milani, in Trust, Dufferin Vistas Ltd. Matthew A. Di Vona
2735447 Ontario Inc., 8940 Bathurst Street, Wedgewood Columbus Limited, 1150 Centre Street GP Inc., Blue Water Ranch Developments Inc., Highview Building Corp Inc., Di Poce Real Estate Holdings Limited, D’Aversani Holdings Inc., Marina Shcolyar, D’Or Developments Inc., Liberata D’Aversa Justine Reyes Natalie Ast (in absentia) Christopher Tanzola (in absentia)
VMC Condos Limited Partnership and Graywood Acquisitions Limited, Doughton Residences Corp., and Yonge & Steeles Developments Inc. Justine Reyes Natalie Ast (in absentia) Daniel Artenosi (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY Astrid J. Clos and Kenneth Hewitt ON June 10, 2024 AND ORDER OF THE TRIBUNAL
1A seventh Case Management Conference (“CMC”) was convened by the Tribunal with respect to appeals filed pursuant to s. 34(19) of the Planning Act (“Act”) of the City-wide Comprehensive Zoning By-law 001-2021 (“CZBL”) and the Transition By-law 039-2022 (“Transition By-law”) for the City of Vaughan (“City”).
BACKGROUND
2The City passed the CZBL on October 20, 2021. The CZBL affects all properties within the City, with the exception of lands in the vicinity of Yonge Street and Steeles Avenue, known as the Yonge-Steeles Corridor Secondary Plan Area. The CZBL, when fully in force, will replace the City’s former Zoning By-law No. 1-88, with the exception of matters subject to certain transition provisions pursuant to Section 1.6 of the CZBL and the Yonge-Steeles Corridor Secondary Plan Area.
3A total of 130 appeals were made to the Tribunal with respect to the passing of the CZBL.
4The City advised the Tribunal that there was a total of 62 CZBL appeals related to the transition provisions (Section 1.6) of the CZBL. The City ultimately determined that these transition provisions should be substantially revised and, on March 22, 2022, repealed the transition provisions of the CZBL and adopted new transition provisions by enacting By-law 039-2022 (“Transition By-law”). The Transition By-law amends the CZBL by replacing Section 1.6.
5A total of 46 appeals were made to the Tribunal with respect to the passing of the Transition By-law.
6Since then, the City has engaged in a number of dispute resolution efforts with the various Appellants. Settlements with certain Appellants have been brought to the Tribunal at previous CMCs and have been approved.
NOTICE OF MOTION
7The City of Vaughan, with the consent of the other Parties, filed a Notice of Motion dated May 24, 2024, requesting:
- A Decision and Order:
a. allowing in part Appeal No. 002744 to the City of Vaughan Comprehensive Zoning By-law 001-2021 (“CZBL”) by Dufferin Vistas Ltd. (“Dufferin Vistas”) in respect of a portion of the lands municipally known as 230 Grand Trunk Avenue, City of Vaughan, and approving certain amendments to the CZBL attached as Exhibit “I” to the affidavit of Robert Rappolt affirmed May 24, 2024 (“Rappolt Affidavit”), and consequential changes to Map 132 in Schedule A to the CZBL;
b. dismissing the balance of Appeal No. 002744 to the CZBL;
c. allowing in part Appeal No. 002773 to the CZBL and Appeal No. 004792 to By-law 039-2022 (“Transition By-law") by Condor Properties Ltd. (“Condor”) in respect of the lands municipally known as 11-51 Woodend Place, City of Vaughan, and approving certain amendments to the CZBL attached as Exhibit “M” to the Rappolt Affidavit and consequential changes to Maps 161 and 162 in Schedule A to the CZBL;
d. dismissing the balance of Appeal No. 002773 to the CZBL and Appeal No. 004792 to the Transition By-law;
e. allowing in part Appeal No. 002758 to the CZBL and Appeal No. 004768 to the Transition By-law by Armland Management Inc. (“Armland”) in respect of the lands municipally known as:
i. 3620 Kirby Road, City of Vaughan;
ii. 11950 Jane Street, City of Vaughan;
iii. Part of Lot 35, Concession 5, City of Vaughan;
iv. 11600 Jane Street, City of Vaughan;
v. 3210 and 3270 Kirby Road, and Parts 1 and 2, 65R-27753, City of Vaughan;
vi. Part of Lot 1, Concession 6 (King), being Part 3, 65R-6516;
vii. 11455 Weston Road, City of Vaughan; and
viii. 2615 Kirby Road (Parts 1, 2 and 3, 65R-28516), City of Vaughan,
(collectively, the “Resolved Armland Lands”)
and approving certain amendments to the CZBL attached as Exhibits “O”, “P”, “Q”, “R”, “S”, “T”, “U” and “V” to the Rappolt Affidavit and consequential changes to Maps 223, 226, 243, 244, 245, 246, 264, 265, 283 and 285 in Schedule A to the CZBL;
f. dismissing the balance of Appeal No. 002758 to the CZBL and Appeal No. 004768 to the Transition By-law in respect of the Resolved Armland Lands and scoping and limiting the balance of Appeal No. 002758 to the CZBL and Appeal No. No. 004768 to the Transition By-law to the remainder of the Armland lands under appeal;
g. directing that Appeal No. 002792 to the CZBL be considered at a September 18, 2024 case management conference for proceedings bearing OLT case numbers OLT-24-000031, OLT-24-000032 and OLT-23-000033, being appeals by Avenue 7 Developments Ltd. of site-specific applications for lands municipally known as 2267 Highway 7 and 7700 Keele Street, City of Vaughan, for the purposes of considering consolidation or hearing together of the foregoing appeals;
h. directing that Appeal No. 002717 to the CZBL be considered at a June 19, 2024 case management conference for proceedings bearing OLT case numbers OLT-22-002276, OLT-22-003057 and OLT-22-004775, being appeals by 7700 Bathurst LP of site-specific applications for lands municipally known as 7700 Bathurst Street, City of Vaughan and of the City’s Official Plan Amendment No. 90 regarding the Promenade Centre Secondary Plan, for the purposes of considering hearing of the foregoing appeals together;
i. directing that Appeal No. 002798 to the CZBL and Appeal No. 004788 to the Transition By-law be considered at the hearing scheduled to commence on July 2, 2024, for proceedings bearing OLT case numbers OLT-22-002905 and OLT-22-003094, being third-party appeals of zoning by-law and official plan amendment approvals obtained by Clubhouse Developments Inc. for lands municipally known as 20 Lloyd Street, 241 Wycliffe Avenue, 737 and 757 Clarence Street, City of Vaughan, for the purposes of considering hearing of the foregoing appeals together;
j. providing, pursuant to subsection 34(31) of the Planning Act, that the CZBL is deemed to have come into force on the day the CZBL was passed (i.e. October 20, 2021) and the Transition by-law is deemed to have come into force on the day the Transition By-law was passed (i.e. March 22, 2022) for the lands legally described as Block 6, 65M-4385, City of Vaughan, in respect of which lands Appeal No. 002758 of the CZBL and Appeal No. 004768 of the Transition By-law, filed by Armland, have been withdrawn in writing filed with the Tribunal;”
8Lee English, Counsel for the City, advised the Panel that Counsel for Clubhouse Developments Inc. requested that item 1 i) in the Notice of Motion not be dealt with at this CMC and that item 1 i) was, therefore, being withdrawn from the requested motion.
9At the request of Mr. English, the Panel entered the Affidavit of Service for the Motion Record (April 8, 2024) as Exhibit 39 and the Affidavit of Service for the Motion Record (May 27, 2024) as Exhibit 40.
10Candace Tashos, Counsel for the City, advised the Panel that Robert Rappolt had been previously qualified as an expert in land use planning by the Tribunal in this matter and had provided evidence under oath. The Panel accepted Mr. Rappolt’s qualifications and allowed him to continue his evidence under oath. Ms. Tashos led Mr. Rappolt through his Acknowledgement of Expert’s Duty.
Dufferin Vistas Ltd. (Appeal No. 002744)
11Mr. Rappolt outlined that the approval sought will correct the site-specific development standards and mapping of the CZBL to accurately reflect the zoning applicable to the Phase 2 portion of the Dufferin Vistas Ltd. properties. He stated that, specifically, a new exception and related figure to the CZBL would be introduced as set out in Attachment 1. He informed the Panel that an amendment to Map 132 of Schedule A of the CZBL is also required, as set out in Attachment 2.
12Mr. Rappolt explained that, if approved by the Panel, the request related to Phase 2 of the Dufferin Vistas Ltd. properties will fully resolve Appeal No. 002744 of the CZBL.
Condor Properties Ltd. (Appeal Nos. 002773 and 004792)
13Mr. Rappolt outlined that the approval sought will correct the site-specific development standards and mapping of the CZBL to accurately reflect the zoning applicable to the Condor Properties Ltd. properties, as previously approved. He stated that specifically, Section 14.1076, as adopted on October 20, 2021, is to be deleted and replaced with a new Section 14.1076, as set out in Attachment 3. He informed the Panel that amendments to Maps 161 and 162 of Schedule A of the CZBL are also required, as set out in Attachment 4.
14Mr. Rappolt explained that, if approved by the Panel, the request related to the Condor Properties Ltd. properties will resolve Appeal No. 002773 of the CZBL and Appeal No. 004792 of the Transition By-law.
Armland Management Inc. (Appeal Nos. 002758 and 004768)
15Mr. Rappolt outlined that the approval sought will maintain the existing FD Future Development Zone but will carry forward existing uses (i.e., farmstand) as previously permitted in the A Agricultural Zone under By-law 1-88, for the Armland Management Inc. properties. He explained that a new exception to the CZBL would be introduced for each of the lands and that the Zoning Maps would be amended for the properties, including:
a. 3620 Kirby Road, as set out in Attachment 5,
b. 11950 Jane Street, as set out in Attachment 6,
c. Part of Lot 35, Concession 5, as set out in Attachment 7,
d. 11600 Jane Street, as set out in Attachment 8,
e. 3210 and 3270 Kirby Road, and Parts 1 and 2, 65R-27753, as set out in Attachment 9,
f. Part of Lot 1, Concession 6 (King), being Part 3, 65R-6516 as set out in Attachment 10,
g. 11455 Weston Road, as set out in Attachment 11, and
h. 2615 Kirby Road (Parts 1, 2 and 3, 65R-28516), as set out in Attachment 12.
16Mr. Rappolt explained that, if approved by the Panel, the approvals sought for the eight listed Armland Management Inc. properties will resolve Appeal No. 002758 of the CZBL and Appeal No. 004768 of the Transition By-law as it relates to these properties but not the balance of the lands under appeal by Armland Management Inc.
17Mr. Rappolt provided a detailed review of his Affidavit, affirmed on May 24, 2024, and included as Tab 2 of the City’s Motion Record. Mr. Rappolt provided viva voce evidence of the applicable planning framework, his analysis, and planning opinion regarding the approvals sought for the Dufferin Vistas Ltd., Condor Properties Ltd., and the eight listed properties of Armland Management Inc. Mr. Rappolt opined that these requested approvals have had regard to matters of provincial interest in accordance with s. 2 of the Act, are consistent with the Provincial Policy Statement, conform with the Growth Plan, the York Regional Official Plan 2010, the York Regional Official Plan 2022, the City of Vaughan Official Plan 2010 and represent good planning.
18The Panel accepts Mr. Rappolt’s uncontroverted planning opinion regarding the approvals sought for the Dufferin Vistas Ltd., Condor Properties Ltd. and the eight listed properties of Armland Management Inc. and finds same.
DIRECTION FOR SITE-SPECIFIC PROCEEDINGS
Avenue 7 Developments Ltd.
19The Panel directs that Appeal No. 002792 to the CZBL by Avenue 7 Developments Ltd. be considered at the September 18, 2024 CMC (or next hearing event) for the lands municipally addressed as 2267 Highway 7 and 7700 Keele Street (OLT Case Nos.: OLT-24-000031, OLT-24-000032 and OLT-23-000033).
7700 Bathurst LP
20The Panel directs that Appeal No. 002717 to the CZBL and the City of Vaughan Official Plan Amendment No. 90 (Promenade Centre Secondary Plan) by 7700 Bathurst LP be considered at the June 19, 2024 CMC (or next hearing event) for the property municipally addressed as 7700 Bathurst Street (OLT Case Nos.: OLT-22-002276, OLT-22-003057 and OLT-22-004775).
My Place on 7 Inc.
21The Panel directs that Appeal No. 002752 to the CZBL and Appeal No. 004784 to the Transition By-law by My Place on 7 Inc. be considered at the next CMC (or other hearing event) for lands municipally addressed as 4850 Highway 7 and 79 Arrowhead Drive (OLT Case No.: OLT-24-000565).
WITHDRAWN APPEALS
Armland Management Inc.
22Counsel for Armland Management Inc. submitted written correspondence to the Tribunal on April 16, 2024, withdrawing appeals of the CZBL and Transition By-law (Appeal Nos. 002758 and 004768) related to Block 6, 65M-4385. The Panel directs that these appeals are withdrawn subject to the wording contained in the Order to this Decision.
Brent Peebles
23Counsel for Brent Peebles submitted written correspondence to the Tribunal on June 7, 2024, withdrawing the appeal of the CZBL (Appeal No. 002703) related to 270 Stegman’s Mill Road. The Panel directs that this appeal is withdrawn subject to the wording contained in the Order to this Decision.
WRITTEN MOTION HEARING
24At the request of the Parties, the Panel scheduled a written Motion Hearing for Wednesday, September 11, 2024.
eighth CMC
25Mr. English advised that the Parties are working cooperatively toward the preparation of a Draft Procedural Order (“PO”) and Issues List (“IL”) to prepare for a future request to schedule a Merit Hearing. The purpose of the next CMC will be to consider any additional settlement proposals, provide direction as appropriate, potentially review and approve the PO and IL and schedule a Merit Hearing. At the request of the Parties, the Tribunal scheduled an eighth CMC hearing commencing on Tuesday, December 10, 2024, at 10 a.m. by Video Hearing.
26Parties 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.
GoToMeeting:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
27Parties 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
28Persons 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 as indicated above.
29Individuals 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 CMC 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.
ORDERS
30THE TRIBUNAL ORDERS that:
The following Orders recorded in this decision and approval of portions of the Comprehensive Zoning By-law 001-2021 as attached hereto as Attachments 1 through 12 are without prejudice to the disposition of any other appeal of the Comprehensive Zoning By-law 001-2021 and any unapproved portions of the Comprehensive Zoning By-law 001-2021, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the City will not take the position that the Tribunal ought not to approve amendments to the Comprehensive Zoning By-law 001-2021 on the basis that such amendments deviate from or are inconsistent with the amendments attached hereto as Attachments 1 through 12 as brought into force by these Orders. However, this does not affect the City’s right to assert that the Comprehensive Zoning By-law 001-2021, as amended by Attachments 1 through 12 hereto, to the extent brought into force by these Orders, should be applied to specific sites or areas without amendments on the basis that doing so is consistent with the Planning Act and provincial policies, conforms to provincial and official plans and/or constitutes good planning; and
Notwithstanding the Orders, the Tribunal retains jurisdiction to consider and approve amendments to the Comprehensive Zoning By-law 001-2021, as amended herein, as may be appropriate to dispose of any of the outstanding appeals before the Tribunal.
City-initiated Motion
Dufferin Vistas Ltd. (Appeal No. 002744)
- Appeal No. 002744 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Dufferin Vistas Ltd., is allowed in part, and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Attachment 1 to this Order;
b. Schedule A – Map 132 is amended in the form set out in Attachment 2 to this Order;
- In all other respects, the Tribunal orders that Appeal No. 002744 to Comprehensive Zoning By-law 001-2021 is dismissed.
Condor Properties Ltd. (Appeal Nos. 002773 and 004792)
- Appeal No. 002773 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004792 in OLT Case No. OLT-22-003554 to Transition By-law No. 039-2022, being appeals by Condor Properties Ltd., are allowed in part, and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.1076 is deleted in its entirety and replaced with a new Exception 14.1076 in the form set out in Attachment 3 to this Order;
b. Schedule A – Maps 161 and 162 are amended in the form set out in Attachment 4 to this Order;
- In all other respects, the Tribunal orders that Appeal No. 002773 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004792 to Transition By-law No. 039-2022 are dismissed.
Armland Management Inc. (Appeal Nos. 002758 and 004768)
- Appeal No. 002758 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004768 in OLT Case No. OLT-22-003554 to Transition By-law No. 039-2022, being appeals by Armland Management Inc., are allowed in part, and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. 3620 Kirby Road: A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, and Schedule A – Map 243 is amended, in the form set out in Attachment 5 to this Order;
b. 11950 Jane Street: A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, and Schedule A – Maps 264 and 265 are amended, in the form set out in Attachment 6 to this Order;
c. Part of Lot 35, Concession 5: A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, and Schedule A – Map 285 is amended, in the form set out in Attachment 7 to this Order;
d. 11600 Jane Street: A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, and Schedule A – Maps 244 and 245 are amended, in the form set out in Attachment 8 to this Order;
e. 3210 and 3270 Kirby Road, and Parts 1 and 2, 65R-27753: Three new Exceptions are added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned new Exception numbers, inclusive of new Figures, to be assigned new Figure numbers, and Schedule A – Map 244 is amended, in the form set out in Attachment 9 to this Order;
f. Part of Lot 1, Concession 6 (King), being Part 3, 65R-6516: A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, and Schedule A – Map 283 is amended, in the form set out in Attachment 10 to this Order;
g. 11455 Weston Road: A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, and Schedule A – Map 243 is amended, in the form set out in Attachment 11 to this Order;
h. 2615 Kirby Road (Parts 1, 2 and 3, 65R-28516): Three new Exceptions are added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned new Exception numbers, inclusive of new Figures, to be assigned new Figure numbers, and Schedule A – Maps 226 and 246 are amended, in the form set out in Attachment 12 to this Order;
- In all other respects, the appeals as they relate to the following lands are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed:
3620 Kirby Road, City of Vaughan;
11950 Jane Street, City of Vaughan;
Part of Lot 35, Concession 5, City of Vaughan;
11600 Jane Street, City of Vaughan;
3210 and 3270 Kirby Road, and Parts 1 and 2, 65R-27753, City of Vaughan;
Part of Lot 1, Concession 6 (King), being Part 3, 65R-6516;
11455 Weston Road, City of Vaughan; and
2615 Kirby Road (Parts 1, 2 and 3, 65R-28516), City of Vaughan,
Direction re Site-Specific Proceedings
Appeal No. 002792 to Comprehensive Zoning By-law 001-2021 by Avenue 7 Developments Ltd. be considered at a September 18, 2024 Case Management Conference (or next hearing event) for proceedings bearing OLT case numbers OLT-24-000031, OLT-24-000032 and OLT-23-000033, being appeals by Avenue 7 Developments Ltd. of site-specific applications for lands municipally known as 2267 Highway 7 and 7700 Keele Street, City of Vaughan.
Appeal No. 002717 to Comprehensive Zoning By-law 001-2021 by 7700 Bathurst LP be considered at a June 19, 2024 Case Management Conference (or next hearing event) for proceedings bearing OLT case numbers OLT-22-002276, OLT-22-003057 and OLT-22-004775, being appeals by 7700 Bathurst LP of site-specific applications for lands municipally known as 7700 Bathurst Street, City of Vaughan and of the City’s Official Plan Amendment No. 90 regarding the Promenade Centre Secondary Plan.
Appeal No. 002752 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004784 to Transition By-law No. 039-2022 by My Place on 7 Inc. be considered at the next Case Management Conference (or other hearing event) for proceeding bearing OLT case number OLT-24-000565, being appeals by My Place on 7 Inc. of site-specific applications for lands municipally known as 4850 Highway 7 and 79 Arrowhead Drive, City of Vaughan.
Re: Withdrawn Appeal Orders
- Pursuant to s. 34(31) of the Planning Act, Comprehensive Zoning By-law 001-2021 is deemed to have come into force on the day it was passed (i.e. October 20, 2021) and, as the case may be, Transition By-law No. 039-2022 is deemed to have come into force on the day it was passed (i.e. March 22, 2022) for the following lands in the City of Vaughan, in respect of which lands the appeals of the Comprehensive Zoning By-law 001-2021 and Transition By-law No. 039-2022 have been withdrawn in writing filed with the Tribunal:
a. Block 6, 65M-4385, City of Vaughan (Appeal No. 002758 of the Comprehensive Zoning By-law 001-2021 and Appeal No. 004768 of Transition By-law No. 039-2022, filed by Armland Management Inc.).
b. 270 Stegman’s Mill Road, City of Vaughan (Appeal No. 002703 filed by Brent Peebles).
The approval of Comprehensive Zoning By-law 001-2021 for 270 Stegman’s Mill Road, City of Vaughan be strictly without prejudice to, and not have the effect of limiting, any future application Brent Peebles may make with respect to the development of 270 Stegman’s Mill Road, City of Vaughan, such that Brent Peebles will be fully at liberty to challenge whether the policies of Comprehensive Zoning By-law 001-2021 should apply to such land. The withdrawal does not mean that Brent Peebles agrees with the policies of Comprehensive Zoning By-law 001-2021 or is precluded from seeking to change such policies in the future.
The City will not rely on the withdrawal of Appeal No. 002703 by Brent Peebles and the approval of Comprehensive Zoning By-law 001-2021 for 270 Stegman’s Mill Road, City of Vaughan to argue that any future application by Brent Peebles for 270 Stegman’s Mill Road, City of Vaughan, or related appeal, ought to be dismissed for that reason.
That the withdrawal of Appeal No. 002703 of Comprehensive Zoning By-law 001-2021 filed by Brent Peebles is on consent and that the City and Brent Peebles each agree to bear their own costs.
A written Motion Hearing is scheduled on Wednesday, September 11, 2024.
An eighth CMC is scheduled at 10 a.m. on Tuesday, December 10, 2024, by Video Hearing.
31The Panel is not seized of this matter.
32No further notice will be provided.
“Astrid J. Clos”
astrid j. clos
MEMBER
“Kenneth Hewitt”
kenneth hewitt
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.
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