ISSUE DATE:
August 01, 2024
CASE NO(S).:
OLT-22-002276
(Formerly PL171353)
OLT-22-004775
OLT-22-002104
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
7700 Bathurst LP (previously 1529749 Ontario Inc. [Torgan])
Subject:
Request to amend the Official Plan – Failure of the City of Vaughan to adopt the requested amendment
Existing Designation:
“Town Centre Commercial/Retail Core” with a “Special Policy Area” overlay in OPA 671, and “High-Rise Mixed-Use” with a “Special Policy Area” overlay in the Vaughan Official Plan (VOP 2010)
Proposed Designation:
To amend OPA 671 and the VOP 2010 by adding site specific provisions to permit a maximum density of 4.7 FSI, maximum building height of 27 storeys as well as to allow for changes to policies relating to built form, urban design and connectivity
Purpose:
To permit the development of a phased high-density project consisting of seven (7) mixed-use 27-storey towers contemplating approximately 1,800 residential units with at-grade commercial uses and 2,400 underground parking spaces, as well as two (2) low-rise commercial buildings, an above grade parking structure, three (3) levels of underground parking and a number of community and resident amenity areas
Property Address/Description:
7700 Bathurst Street
Municipality/UT:
City of Vaughan/ Regional Municipality of York
Approval Authority File No.:
OP.16.006
OLT Case No.:
OLT-22-002276
Legacy Case No.:
PL171353
OLT Lead Case No.:
OLT-22-002276
Legacy Lead Case No.:
PL171353
OLT Case Name:
7700 Bathurst LP 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:
7700 Bathurst LP (previously 1529749 Ontario Inc. [Torgan])
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a phased high-density project consisting of seven (7) mixed-use 27-storey towers contemplating approximately 1,800 residential units with at-grade commercial uses and 2,400 underground parking spaces, as well as two (2) low-rise commercial buildings, an above grade structure, three (3) levels of underground parking and a number of community and resident amenity areas
Reference Number:
Z.20.019
Property Address:
7700 Bathurst Street
Municipality/UT:
City of Vaughan/ Regional Municipality of York
OLT Case No.:
OLT-22-003057
OLT Lead Case No.:
OLT-22-002276
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c.P. 13, as amended
Appellant:
7700 Bathurst LP (previously 1529749 Ontario Inc. [Torgan])
Subject:
Proposed Official Plan Amendment No. 90
Municipality:
City of Vaughan
OLT Case No.:
OLT-22-004775
OLT Lead Case No.:
OLT-22-004775
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
L. D’Aversa
Appellant:
A.G.A. Holdings Inc.
Appellant:
ALM Property Management Inc.; and others
Subject:
Comprehensive Zoning By-law No. 001-2021
Description:
Comprehensive Zoning By-law for all lands in the City of Vaughan
Municipality:
City of Vaughan
OLT Case No:
OLT-22-002104
OLT Lead Case No:
OLT-22-002104
OLT Case Name:
D'Aversa v. Vaughan (City)
Heard:
June 19, 2024 by Video Hearing
Parties
Counsel
7700 Bathurst LP
Joe Hoffman
City of Vaughan
Bruce Engell
Candace Tashos
MEMORANDUM OF ORAL DECISION DELIVERED BY K. Hewitt and hugh s. wilkins ON JUne 19, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a Case Management Conference (“CMC”) and settlement hearing held on June 19, 2024 regarding the proceedings in Tribunal Case Nos. OLT-22-002276, OLT-22-004775, and OLT-22-002104. The proceeding in Tribunal Case No. OLT-22-004775 consists of an appeal, which is being brought by 7700 Bathurst LP (“Appellant”) of the City of Vaughan (“City”) Official Plan Amendment No. 90 (“OPA No. 90”) regarding the Promenade Centre Secondary Plan. The proceeding in Tribunal Case No. OLT-22-002104 consists of appeals of the City’s Comprehensive Zoning By-law (“CZBL”). The proceedings in Tribunal Case No. OLT-22-002276 consist of site-specific official plan and zoning by-law amendment appeals regarding a proposed mixed-use development at 7700 Bathurst Street (“subject lands”). The proposed instruments would facilitate the development of a mixed use building with two towers at 38 and 32 storeys joined by a seven-storey podium on the subject lands.
Hearing the Proceedings Together
2At a prior CMC, held on March 7, 2024, the City requested that the proceedings be heard together. At that time, only the proceedings in Tribunal Case Nos. OLT-22-002276 and OLT-22-004775 were before the Tribunal and the request was deferred. Since that time, a separate CMC was held in Tribunal Case No. OLT-22-002104 at which the Tribunal scheduled a further CMC in that proceeding as it relates to the subject lands to be held before the present panel of the Tribunal at the same time as CMCs in Tribunal Case Nos. OLT-22-002276 and OLT-22-004775. This provides the present panel with the ability to provide directions regarding the hearing together of all three matters.
3At the present CMC, the Parties renewed their request on consent that the proceedings be heard together. They submitted that the Parties and the subject lands are the same in each proceeding and that in the interests of fairness and efficiency, the proceedings should be heard together. The Tribunal agreed and granted the request.
Settlement Hearing
4On May 30, 2024, the Appellant informed the Tribunal that the Parties had reached a global settlement regarding the appeals. The Parties seek to have amendments made to OPA No. 90 (regarding the Promenade Centre Secondary Plan) and amendments made to the CZBL. They request that the site-specific official plan and zoning by-law amendment appeals be dismissed.
5The proposed amendments to OPA No. 90 would, among other things, recognize an updated policy framework regarding parkland, implement urban design best practices, and establish a framework for the long-term development of Promenade Centre as a mixed-use, transit-oriented community.
6The proposed amendments to the CZBL would provide zoning changes so that the local zoning aligns with OPA No. 90, as revised. The present CZBL does not align with the Secondary Plan and does not reflect the mix of uses and planned high-density intensification of the subject property. The proposed amendments to the CZBL aim to implement the vision for the subject property in OPA No. 90, as revised.
7With these proposed amendments to OPA No. 90 and the CZBL, the Appellant submits that the site-specific official plan and zoning by-law amendment appeals in the proceedings in OLT Case No. OLT-22-002276 are no longer needed and should be dismissed.
8In support of the proposed settlement, the Appellant filed an affidavit affirmed by Daniel Rende, dated June 14, 2024. Mr. Rende is a land use planner. He appeared at the settlement hearing and provided opinion evidence in the area of land use planning in support of the proposed settlement.
9Mr. Rende opined that the proposed amendments to OPA No. 90 and the CZBL are consistent with the Provincial Policy Statement, 2020 (“PPS”), conform with the Greenbelt Plan, conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”), and conform with the City’s Official Plan. In providing his opinion, he stated that he has had regard to the matters of provincial interest set out in s. 2 of the Planning Act.
10Based on Mr. Rende’s uncontradicted opinion, the Tribunal finds that the proposed amendments to OPA 90 and the CZBL are consistent with the PPS and conform with the Greenbelt Plan, the Growth Plan, and the City’s Official Plan.
ORDER
11THE TRIBUNAL ORDERS THAT: the appeals in the proceeding in Tribunal Case Nos. OLT-22-002104 as it relates to the subject lands, and those in OLT-22-002276 and OLT-22-004775 are to be heard together.
12THE TRIBUNAL ORDERS THAT:
The site-specific official plan and zoning by-law amendment appeals in the proceedings in OLT Case No. OLT-22-002276 are dismissed;
The appeal of Official Plan Amendment No. 90 in OLT Case No. OLT-22-004775 and the appeal of the Comprehensive Zoning By-law Amendment (“CZBL”) in OLT Case No. OLT-22-002104 are each allowed, in part:
a) in accordance with sections 17(50) of the Planning Act, and on the consent of the Parties, OPA No. 90 is approved in the form attached in this Order as Attachment 1.
b) in accordance with sections 34(26) of the Planning Act, and on the consent of the Parties, the CZBL for the lands municipally known as 7700 Bathurst Street, is approved in the form attached to this Order as Attachment 2.
13THE TRIBUNAL FURTHER ORDERS THAT:
7700 Bathurst LP’s appeals of OPA No. 90 and the CZBL are resolved in full, and the balance of the appeals are hereby dismissed.
This Order and the approval of portions of the CZBL is without prejudice to the disposition of any other appeal of the CZBL in OLT-22-002104 and any unapproved portions of the CZBL, 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 CZBL on the basis that such amendments deviate from or are inconsistent with the amendment as brought into force by this Order. However, this does not affect the City’s right to assert that the CZBL as amended herein, to the extent brought into force by this Order, 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.
The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to the by-law for record keeping purposes.
“K. Hewitt”
K. HEWITT
MEMBER
“Hugh S. Wilkins”
HUGH S. WILKINS
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.
ATTACHMENT 1
ATTACHMENT 2