Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 16, 2025
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/Regional Municipality of York
OLT Case No.:
OLT-23-000924
OLT Lead Case No.:
OLT-23-000924
OLT Case Name:
Concen 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 – Refusal or neglect to make a decision
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:
Z.22.045
Property Address:
1260, 1272, 1282, 1294, 1304 and 1314 Centre Street
Municipality/UT:
City of Vaughan/Regional Municipality of York
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 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:
DA.22.077
Property Address:
1260, 1272, 1282, 1294, 1304 and 1314 Centre Street
Municipality/UT:
City of Vaughan/ Regional Municipality of York
OLT Case No.:
OLT-23-000926
OLT Lead Case No.:
OLT-23-000924
Heard:
April 11, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Concen Development Limited (“Applicant”)
Rodney Gill
City of Vaughan (“City”)
Raj Kehar Zaynah Al-Waadh
Protect Thornhill
Ajay Kapur*
Beverley Glen Ratepayers Association (“BGRA”)
John Kucharczuk*
Robert Burko
Self-represented
DECISION DELIVERED BY W. DANIEL BEST AND INTERIM ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Tribunal convened a Hearing to consider a settlement regarding an appeal brought forward for the above-noted matter. The Applicant appealed under ss. 22(7), 34(11) and 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against the failure of the City to make decisions on Applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and a Site Plan Approval (“SPA”) concerning 1260, 1272, 1282, 1294, 1304, 1314 Centre Street (the “Subject Lands”).
2The Subject Lands are located on the north side of Centre Street, east of Concord Road, and are comprised of six individual parcels. The Subject Lands have a combined area of approximately 1.20 hectares (2.97 acres) and a combined frontage of approximately 182.69 metres along Centre Street and approximately 66.73 metres (“m”) along Concord Road. The Subject Lands are currently vacant.
3The Subject Lands are located within the community of Thornhill. The surrounding uses consist of a mix of residential and commercial uses within the immediate area and to the north consisting predominantly of singledetached residential dwellings. More intensive commercial areas and higher-density residential developments are located to the east and west.
4The Subject Lands are well-serviced by existing transit service including access to higher-order transit.
5In accordance with the Site plan and Architectural plans and drawings dated October 4, 2024, the proposed development highlights include two separate mid-rise, mixed-use buildings with a single right in/right out access on Centre Street. The building height is 12 storeys (excluding the mezzanine). There is a total of 828 apartment units, 565 square metres (“m2”) of commercial space and 3300 m2 of amenity space.
6The Tribunal was advised that the settlement had been endorsed by City Council on January 28, 2025.
LEGISLATIVE FRAMEWORK
7When considering an appeal of an application to amend an OPA filed pursuant to s. 22, and application to amend a ZBA filed pursuant to s.34, and an appeal of an application filed pursuant to s. 41 of the Act, the Tribunal must have regard to matters of Provincial interest as set out in s. 2 of the Act and regard to the decision of the City Council and the information it considered by it pursuant to s.2.1(1) of the Act.
8Section 3(5) of the Act requires that decisions of the Tribunal affecting planning matters be consistent with the Provincial Planning Statement (“PPS”).
9The Tribunal must also be satisfied that the ZBA conforms with the official plans in effect.
10The Parties stated that the SPA is not part of this settlement proposal. On consent, the Parties requested that the appeal in respect of its site plan application made under subsection 41(12) be adjourned sine die.
11Overall, the Tribunal must be satisfied that the OPA, ZBA, and Conditions represent good planning and are in the public interest.
SUBMISSIONS AND EVIDENCE
12In support of the proposed settlement, the following Exhibits were filed:
Exhibit 1: Affidavit of Ryan Guetter dated April 1, 2025.
Exhibit 2: proposed Official Plan Amendment.
Exhibit 3: proposed Zoning By-law Amendment.
13Mr. Guetter is a registered planner and president of a land-use planning consulting firm. Based on his experience and expertise outlined in his curriculum vitae, the Tribunal qualified him to provide opinion evidence as an expert in land-use planning.
14Mr. Guetter advised that the Subject Lands are in a strategic growth area and settlement area and within the boundary of the Taiga Protected Major Transit Station Area (“PMTSA”) which has a minimum density target of 160 persons and jobs combined per hectare.
15Mr. Guetter opined that the proposed development reflects an efficient development pattern and contributes to the provision of an appropriate range and mix of land uses and transportation options to support the achievement of a complete community through appropriate intensification and redevelopment within the existing settlement area and within a strategic growth area.
16Mr. Guetter stated that the proposed development supports the achievement of a more compact community that provides for a greater mix of housing options, locates more residents within walking distance of higher-order transit and contributes to the minimum intensification targets, while providing an appropriate transition to the surrounding context.
17Mr. Guetter highlighted that the proposed development is designed to accommodate and promote a range of transportation options, including vehicles and active transportation. The proposed buildings have been oriented and sited along the
arterial street frontage, with sidewalks, landscaping, an amenity area, and at-grade bicycle parking to promote an inviting and comfortable pedestrian environment and to support active transportation.
18Mr. Guetter stated that the proposed built form will contribute both new apartment and townhouse format units ranging from studio to two-bedroom in size, providing greater housing choice and assisting in affordability through the diversification of unit types.
19Mr. Guetter opined that the Settlement Proposal represents good planning, and the proposed development addresses the relevant matters of Provincial interest identified in s. 2 of the Act, is consistent with the PPS and conforms with the applicable Official Plans.
20The Tribunal accepts the uncontroverted planning opinion evidence of Mr. Guetter in its entirety. The Tribunal finds that the Settlement Proposal addresses the relevant matters of Provincial interest identified in s. 2 of the Act, is representative of good land use planning, is consistent with the PPS, and conforms with the applicable Official Plans. The Tribunal acknowledges the failure of City Council to make a decision on the OPA and ZBA but recognizes the endorsement of the Settlement Proposal on January 28, 2025.
21Mr. Guetter recommended that the Tribunal approve the Official Plan and Zoning instruments in principle and withhold the final order for the purpose of allowing the Parties to finalize the instruments.
INTERIM ORDER
22THE TRIBUNAL ORDERS THAT the appeals are allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [23] below, and the Official Plan Amendment set out
in Attachment 1 and the Zoning By-law Amendment set out in Attachment 2 to this Interim Order, are hereby approved in principle.
23The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the City Solicitor of the following pre-requisite matters:
- that the Tribunal has received and approved the Official Plan Amendment and Zoning By-law Amendment submitted on consent, in a final form, confirmed to be satisfactory to the City Solicitor.
24The Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment, Zoning By-Law Amendment, and the issuance of the Final Order.
25If the Parties do not submit the final drafts of the Official Plan Amendment and the Zoning By-law Amendment and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph [23] above have been satisfied, and do not request the issuance of the Final Order, by October 17, 2025, the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Official Plan Amendment and the draft Zoning By-law Amendment and issuance of the Final Order by the Tribunal.
26The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instrument(s), the satisfaction of the contingent prerequisites, and the issuance of the Final Order.
27Upon the Tribunal’s issuance of its Final Order on the Official Plan Amendment and Zoning By-law Amendment instruments, the Tribunal will dismiss the appeals by the Applicant in respect of the City’s New City-Wide Comprehensive Zoning By-law 001-2021.
28On consent of the City and the Applicant, the appeal by the Applicant in respect of its site plan application made under subsection 41(12) is adjourned sine die.
“W. Daniel Best”
W. DANIEL BEST
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.