ISSUE DATE:
July 29, 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
OLT Case No.:
OLT-23-000924
OLT Lead Case No.:
OLT-23-000924
OLT Case Name:
Concern 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 – Neglect to make a decision
Description:
To permit the development of a 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 (POP) and a Floor Space Index (FSI) of 4.08 times the area of the lot
Reference Number:
Z.22.045
Property Address:
1260, 1272, 1282, 1294, 1304 and 1314 Centre Street
Municipality/UT:
City of Vaughan
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
Description:
To permit the development of a 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 (POP) and a Floor Space Index (FSI) of 4.08 times the area of the lot
Reference Number:
DA.22.077
Property Address:
1260, 1272, 1282, 1294, 1304 and 1314 Centre Street
Municipality/UT:
City of Vaughan
OLT Case No.:
OLT-23-000926
OLT Lead Case No.:
OLT-23-000924
Heard:
June 28, 2024 by Video Hearing
Parties
Counsel/Representative*
Concen Development Limited
Rodney Gill
(“Applicant” or “Appellant”)
City of Vaughan (“City”)
Chantal de Sereville
Raj Kehar (in absentia)
Zaynab Al-waadh (in absentia)
Protect Thornhill
Ajay Kapur*
Beverley Glen Ratepayers’
Robert Burko* standing in for
Association (“BGRA”)
John Kucharczuk*
Robert Burko
Self-represented
MEMORANDUM OF ORAL DECISION DELIVERED BY MICHAEL MEnezes and m.a. sills ON JUne 28, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference (“CMC”) regarding this Appeal. The background to this Appeal is found in the Decision issued on January 23, 2024, and need not be repeated here.
2The purpose of this CMC was to consider Robert Burko’s request for Party status that was deferred from the CMC held on April 5, 2024; to review and finalize the Draft Procedural Order (“DPO”) and Issues List (“IL”), and to schedule the hearing on the merits.
3An updated DPO was submitted to the Tribunal on the morning of this CMC, and although it contained the City’s Issues, it did not include those of the other Parties, who are awaiting the revised plans from the Appellant.
4Rodney Gill provided an update to the Tribunal. He confirmed that while the matter had gone before City Council and productive meetings have been held with the City, feedback is still being received. Once completed, the Appellant will make any necessary revisions to the development plans, and thereafter, will meet with the other Parties in an attempt to resolve some or all of the issues and concerns of the City, and the resident Parties. Given the varying interests and concerns of the Parties, it is expected to take several weeks to finalize the DPO and IL. The Parties requested that a fourth CMC be scheduled in September 2024, and a 12-day Merit Hearing to take place by Video in January 2025.
PARTY STATUS REQUEST
5The Tribunal reviewed the Party status request of Mr. Burko. Mr. Burko outlined his concerns and interest and confirmed that he would be retaining legal counsel and a planner to provide expert evidence at the Hearing.
6Mr. Gill is opposed to Mr. Burko being granted Party status. It is his position that the concerns of local residents will be well represented by the two Resident Association Parties – Protect Thornhill and the Beverley Glen Ratepayers’ Association. The City indicated that they had no objections to Mr. Burko’s request for Party status.
7In response to Mr. Gill’s opposition to his request for Party status, Mr. Burko confirmed it is his intent to retain legal counsel and a land use planner. To that end, he has already obtained an extensive arborist report. Based on Mr. Burko’s commitment to call expert evidence and potentially retain legal counsel, the Tribunal granted his request for Party status.
DIRECTION AND NEXT STEPS
8The Tribunal has scheduled a fourth CMC for Friday, September 20, 2024. The DPO is to be submitted to the Case Coordinator on or before Friday, September 13, 2024.
9The Tribunal has scheduled a 12-day Merit Hearing beginning Tuesday, January 28, 2025.
10The hearings are scheduled to proceed by video as follows:
Friday, September 20, 2024 at 10 a.m. (one-day CMC hearing)
GoTo Meeting: https://global.gotomeeting.com/join/656004293 Access code: 656-004-293 Audio-only telephone line: 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 656-004-293
Tuesday, January 28, 2025 at 10 a.m. (12-day – Merit Hearing) GoTo Meeting: https://meet.goto.com/765093501 Access code: 765-093-501 Audio-only line: 1-888-455-1389 or +1 (647) 497-9391 Audio-only access code: 765-093-501
11Parties 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.
12Parties 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
13Persons 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.
14Individuals 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.
15No further notice will be provided.
16The Panel is not seized.
“Michael Menezes”
MICHAEL MENEZES
MEMBER
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
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.