Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 08, 2024
CASE NO(S).: OLT-21-001436
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 7080 Yonge Limited
Subject: Request to amend the Official Plan – Failure of Town of Aurora to adopt the requested amendment
Existing Designation: General commercial
Proposed Designated: High-Rise Mixed-use with commercial site-specific provisions
Purpose: To permit residential development
Property Address/Description: 7080 Yonge Street
Municipality: City of Vaughan
Approval Authority File No.: OP.20.011 & Z.20.026
OLT Case No.: OLT-21-001436
OLT Lead Case No.: OLT-21-001436
OLT Case Name: 7080 Yonge Limited 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: 7080 Yonge Limited
Subject: Application to amend Zoning By-law No. Zoning By-Law 1-88 - neglect of City of Vaughan of to make a decision
Existing Zoning: “C1” Restricted Commercial Zone subject to site-specific Exception 882
Proposed Zoning: “RA3” Apartment Residential Zone with site-specific provisions to facilitate the development of a mixed-use high-rise apartment building.
Purpose: To permit residential development
Property Address/Description: 7080 Yonge Street
Municipality: City of Vaughan
Municipality File No.: OP.20.011 & Z.20.026
OLT Case No.: OLT-21-001438
OLT Lead No.: OLT-21-001436
Heard: October 30, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
7080 Yonge Limited (“Applicant”/“Appellant”)
D. Bronskill
City of Vaughan (“City”)
B. Engell C. Dougherty
Regional Municipality of York (“Region”)
B. Ogunmefun
Yonge Steeles Landowners Group Inc.
I. Kagan
Mizrahi Constantine (180 SAW) Inc.
B. Ruddick
Yonge & Steeles Developments Inc.
D. Artenosi N. Ast
72 Steeles Holding Limited 7040 Yonge Holdings Limited
E. Barz
Auto Complex Ltd.
K. Gossen
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON OCTOBER 30, 2023 AND INTERIM ORDER OF THE TRIBUNAL
Link to Order
1This Settlement Hearing was convened for the Applicant’s appeal to the absence of decisions by the City on applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) affecting the Applicant’s lands at 7080 Yonge Street (“site”).
2Through extensive consultation among the Parties to implement the Yonge-Steeles Corridor Secondary Plan (“SP”), and without objection from any Party or Participant, the Applicant advised that the OPA is no longer required and a detailed ZBA is advanced for approval in principle.
3The Tribunal granted the Parties’ request to deny the OPA given its non-necessity, and to approve the ZBA in principle subject to specified conditions, all on the uncontested evidence of Ryan Guetter, Registered Professional Planner, whom the Tribunal qualified to provided opinion evidence in land use planning.
4The ZBA would permit two mixed-use buildings of 44 and 12 storeys, connected by a six-storey podium, generally facing south toward an extension of Royal Palm Drive and with frontage also on Yonge Street. Conveyances from this site will contribute half of the street allowance for the extension of Royal Palm Drive, and a small widening of the Yonge Street road allowance. The design of the tower steps down toward the planned linear parkland to the west, and respects potential development that may occur on the abutting property to the north.
5On Mr. Guetter’s evidence, the Tribunal finds that the requirements of the Planning Act (“Act”) have been satisfied fully. As articulated through the detailed policies of the SP, with which this ZBA conforms, all relevant matters are addressed, including population allocation, site and building design (including height, density, setbacks, stepbacks, and commercial uses at grade), limited parking, transit support, conveyance of land for streets, and a below-grade pedestrian way. Among other proposed developments within the SP area, this site would contribute to housing intensification that would rely upon and support the viability of transit planned within a Major Transit Station Area identified by the Region’s 2022 Official Plan.
6The Tribunal finds that this development, when evaluated from a high level of Provincial interests, represents desirable and needed housing intensification that is appropriate for the local context and relies on and supports transit, promotes pedestrian access to services and reduces car dependency, and thereby contributes to the wider public needs of farmland preservation and environmental protection.
7The Tribunal finds that the proposed ZBA: has regard for the Provincial interests in s. 2 of the Act; is consistent with the Provincial Policy Statement, 2020; conforms with A Place To Grow: Growth Plan for the Greater Golden Horseshoe; conforms with the Region Official Plan; and of primary relevance here, conforms with the SP under the Vaughan Official Plan. The Tribunal has had regard for the related decisions of the City Council.
8The Tribunal’s Interim Order is set out below, outlining the requirements to be met prior to a Final Order being issued by the Tribunal.
INTERIM ORDER
9The Tribunal Orders that the Official Plan Amendment appeal is dismissed.
10The Tribunal Orders that the appeal is allowed in part and the Zoning By-law Amendment is approved in principle, with consideration of final approval dependent on satisfying the following conditions:
The City and Appellant advise the Tribunal that significant community infrastructure that benefits the Secondary Plan Area as a whole has been provided or secured, as contemplated by Policy 8.4(g) of the Secondary Plan;
The Yonge Steeles Landowners Group Inc. provides a clearance letter to the Tribunal and Parties from the Trustee confirming that the Appellant is a member in good standing of the Landowners Group; and,
The Tribunal has received the Zoning By-law Amendment submitted in a final form and confirmed to be satisfactory by the City and Appellant.
11The City is directed to advise the Tribunal of the Parties’ request for issuance of the final Order within six months of the issuance of this Interim Order, or if more time is needed, the expected timeline for same.
12This Member will remain seized for the issuance of the final Order and may be contacted through the Case Coordinator should procedural issues arise.
13The Tribunal Orders that, in accordance with Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order took effect on October 30, 2023.
“S. Tousaw”
S. tousaw
VICE CHAIR
Ontario Land Tribunal
Website: 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.