Concen Development Limited v. Vaughan (City), 2025 CanLII 8422

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 31, 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

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

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: January 30, 2025, by Video Hearing

APPEARANCES:

Parties	Counsel/Representative*
Concen Development Limited ("Appellant")	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

MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON JANUARY 30, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from the fifth Case Management Conference ("CMC") for the above-noted matter. The Appellant has appeals under ss. 22(7), 34(11) and 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, for the non-decision of the City regarding 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 Site").

2The Appellant's original proposal was to redevelop the Subject Site with a mixed-use project, including two 12-storey residential buildings with step backs (reducing in height from south to east), 700 dwelling units, 1,080 square metres ("m²") of ground-floor commercial space fronting Centre Street, 1,205 m² of privately owned public space ("POPS"), a floor space index ("FSI") of 4.08 times the area of the Subject Site, 562 vehicle parking spaces, and 733 bicycle spaces.

3Prior to the CMC, Rodney Gill, Counsel for the Appellant advised the Tribunal that a revised proposal with a comprehensive set of materials to support it ("Revised Proposal") was circulated to the Parties. He further advised that in advance of this CMC, he had asked the Parties to confirm if they had any further issues to be raised regarding the Revised Proposal or whether they consent to the approval of it.

4In advance of the CMC, Ajay Kapur, representing Protect Thornhill stated that the Revised Proposal addressed most of the issues from a letter of understanding between residents and the Appellant, but there were still clarification needed regarding built form, parking, and mechanical venting. He further stated that a resolution could be met without the need for a contested hearing.

5Prior to the CMC, John Kucharczuk, representing BGRA indicated general agreement with issues discussed at the previous CMC.

6In advance of the CMC, Robert Burko expressed support for the revised plans, but identified concerns related to built form, parking, road access, grading, drainage, and servicing.

STATUS UPDATE

7Mr. Gill advised the Tribunal that the Revised Proposal had been submitted and was considered by City Council on January 28, 2025.

8Mr. Kehar confirmed that the City had engaged in "without prejudice" discussions with the Appellant.

9Mr. Kehar stated that a formal City Council resolution would be released in the next few days and circulated to the Parties. He further stated that the City is supportive of the Revised Proposal in relation to the instruments.

10Mr. Kehar confirmed that his instructions regarding a settlement are for the OPA and ZBA at this time.

11The Tribunal thanked the Parties for their assistance and collaborative efforts on this matter.

NEXT STEPS

12On consent of the Parties, and based on the discussions during the CMC, the Tribunal determined that it would be reasonable and efficient to set a two-day Hearing to Consider a Proposed Settlement ("Hearing") with respect to the OPA and ZBA.

13A path forward for the SPA Appeal, that will in all likelihood be an adjournment (with a framework for a timeline and update), will be addressed during the above Hearing.

14Mr. Gill committed to circulating settlement materials (including a written affidavit to support the oral testimony) and a hearing plan to the Parties one month in advance of the Hearing.

15The Hearing is scheduled to proceed by video on Thursday, April 10, 2025, at 10 a.m.

16Parties and participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://meet.goto.com/680885805

Access code: 680-885-805

17Parties 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 Go To Meeting or a web application is available: https://app.gotomeeting.com/home.html

18Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to it by calling into an audio-only telephone line: +1 (647) 497-9373 or (toll free) 1 888 299 1889. The access code is 680-885-805.

19Individuals 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 event to ensure that they are properly connected to the event at the correct time. Questions prior to the event may be directed to the Tribunal's Case Coordinator.

ORDER

20THE TRIBUNAL ORDERS the directions contained in this Decision.

21The Member remains available through the Case Coordinator should the need arise, subject to the Tribunal's scheduling requirements.

"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.