Avenue 7 Developments Ltd. v. Vaughan (City), 2024 CanLII 65196

Issue Date: July 04, 2024

Case No(s).: OLT-24-000031

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

Applicant and Appellant: Avenue 7 Developments Ltd.

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

Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space

Reference Number: OP.22.008

Property Address: 2267 Highway 7 and 7700 Keele Street

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

OLT Case No.: OLT-24-000031

OLT Lead Case No.: OLT-24-000031

OLT Case Name: Avenue 7 Developments Ltd. v. Vaughan (City)

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

Applicant/Appellant: Avenue 7 Developments Ltd.

Subject: Application to amend the Zoning By-law – Neglect to make a decision

Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space

Reference Number: Z.22.015

Property Address: 2267 Highway 7 and 7700 Keele Street

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

OLT Case No.: OLT-24-000032

OLT Lead Case No.: OLT-24-000031

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

Applicant and Appellant: Avenue 7 Developments Ltd.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Reference Number: 19T-22V002

Property Address: 2267 Highway 7 and 7700 Keele Street

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

OLT Case No.: OLT-24-000033

OLT Lead Case No.: OLT-24-000031

HEARD: April 23, 2024 by Video Hearing

APPEARANCES

	COUNSEL
Avenue 7 Developments Ltd.	Eileen Costello
City of Vaughan	Colin Dougherty
Doney Hill Holdings Inc.	B. Ruddick
Canadian National Railway Company	Max Reedijik
Kohl & Frisch Limited/ 2225928 Ontario Limited	Jonathan Cheng

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON APRIL 23, 2024 AND ORDER OF THE TRIBUNAL

1The matter before the Ontario Land Tribunal (the "Tribunal") was with respect to the appeals of the non-decision of the City of Vaughan (the "City") regarding applications to amend the Official Plan, Zoning By-law and a Draft Plan of Subdivision.

2The lands that are the subject of the applications are located at the southwest corner of Keele Street and Highway 7, just north of Highway 407, in the City of Vaughan ("Subject Lands"). The Subject Lands are legally described as Part of Lots 5 & 6, Concession 4 in the City of Vaughan, Region of York, and are municipally known as 2267 Highway 7 and 7700 Keele Street.

3The Subject Lands consist of two (2) separate properties that are generally rectangular in shape with a gross site area of 5.399 hectares and a net site area of approximately 5.061 hectares (12.5 acres), excluding a slender tail element that extends to the west along the south side of Highway 7, which is not subject to the proposed development. The Subject Lands have approximately 455 metres of frontage along Highway 7 (265 metres of frontage not including the western tail element) and approximately 210 metres along Keele Street.

4Avenue 7 Developments Ltd. submitted applications for an Official Plan Amendment ("OPA"), Zoning By-law Amendment ("ZBA") and Draft Plan of Subdivision ("DPS") to permit the redevelopment of the Subject Lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys.

5The towers will be grouped in 4 buildings connected by podiums ranging in height from one (1) to seven (7) storeys. The buildings will be focused around a new, centrally located 5,602-square-metre public park. Access to the development is proposed from a new public road with connections to the surrounding public road network, as well as from a private internal road network to service the development.

6The development proposes the addition of approximately 22,373 square metres of non-residential Gross Floor Area (GFA) including 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space. This will include a 6-storey office building at the northeast corner of the Subject Lands at the intersection of Keele Street and Highway 7.

7The ground-floor units of the buildings fronting Highway 7 and Keele Street will be dedicated for non-residential spaces including retail, office, community, residential lobby and common space. For the residential component of the proposal, the development will contain 3,000 residential units comprising more than 242,834 square metres of residential GFA with a mix of studio to three (3) bedroom units.

8The Subject Lands are currently occupied by a large commercial building that includes retail tenants, a fitness centre, a daycare and a stand-alone restaurant with a drive-through. It is surrounded by residential uses to the east, and employment uses to the north, west and south.

9The Subject Lands are located within two (2) kilometres or less of three (3) major zones of future urban intensification – the Concord GO Centre to the east, the Vaughan Metropolitan Centre to the west, and the Steeles West District to the south. The Subject Lands are within a proposed Major Transit Station Area (MTSA), and the Keele Bus Rapid Transit MTSA 14 (on the VIVA Bus Rapid Transit network along Highway 7), which is required by Provincial policy to achieve a minimum of 160 people and jobs per hectare.

10Within the Vaughan Official Plan (VOP) and the York Region Official Plan (YROP), the Subject Lands are designated Employment Commercial Mixed Use.

11While designated an Employment Area within the VOP, York Regional Council on October 20, 2020 approved an Employment Land Conversion to permit a mix of uses, including the introduction of residential uses on the subject lands. Within the York Region Official Plan, the Subject Lands are now designated Community Area.

12City Council failed to make a decision within the statutory timeframe.

13The purpose of the Case Management Conference (the "CMC") was to receive status updates from all Parties to organize the hearing of these appeals.

14The Tribunal received an Affidavit of Service sworn by Natalie Hickey and marked as Exhibit 1.

15The Tribunal was presented with several requests for status.

Party Status

Doney Hill Holdings Inc. is the registered owner of the properties at 80, 82, 84, 220 and 230 Doney Crescent, immediately adjacent to the Subject Property. Doney has an ongoing interest in ensuring that the future redevelopment of the neighbouring lands, a portion of which is within Protected Major Transit Station Area #60, is appropriately considered through the applications and appeals. In particular, Doney wishes to ensure that issues related to impacts of transportation, servicing and stormwater management planning and design, and the future local street network are appropriately considered and addressed.
Canadian National Railway Company is the owner and operator of the MacMillan Rail Yard (the "MacMillan Yard"), located in the City of Vaughan. The MacMillan Yard is one of the largest rail classification facilities in North America and handles a large volume of CN rail traffic in Canada. The ongoing and uninterrupted operation of the MacMillan Yard is integral to the Greater Toronto Area, freight-dependent business, and the Canadian economy. The Subject Lands are located within the 1000-metre area of influence of the MacMillan Yard and are located to the east of CN rail tracks where MacMillan Yard operations regularly take place. A portion of the Subject Lands also lies within 300 metres of the MacMillan Yard.
Kohl & Frisch Limited and 2225928 Ontario Limited are the operators and owners of the pharmaceutical warehousing and distribution facility at 7622 Keele Street, in the City of Vaughan. Their property is located immediately south of the Development Site, and they are attentive to the potential impacts of the Applicant's proposal on the immediate and surrounding employment area and on the operations at the Kohl & Frisch Property, including as this relates to access, transportation impacts, security concerns and land use compatibility issues.

Participant Status

Concord West Ratepayers Association represents the residential community in the Keele and Highway 7 area and just east of the Subject site.
Nadmarc Group Inc. are property owners of 7689 Keele Street, located on the east side of Keele Street opposite the proposed development.
Keeleview Centre Holdings Ltd. owners of the plaza at 7577 and 7575 Keele Street, at the southeast corner Keele and Jardin Drive.

16All Parties' Counsel was canvassed; there were no objections to any of the requests.

17The Tribunal granted each of the requests.

18The Tribunal heard that the Parties sought a second CMC to further update the Tribunal.

19The Tribunal hereby schedules a second CMC, to commence upon Wednesday, September 18, 2024 at 10 a.m.

20Parties and Participants are asked to log in to 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/979388733

Access code: 979-388-733

21Parties 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

22Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free): 1-888-299-1889. The access code is 979-388-733.

23Individuals 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

24THE TRIBUNAL hereby schedules a second CMC, commencing on Wednesday, September 18, 2024 at 10 a.m.

25No further notice will be provided.

26The Member is not seized.

27So Orders the Tribunal.

"Carmine Tucci"

CARMINE TUCCI

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.