Ontario Municipal Board Commission des affaires municipales de l Ontario

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1 Ontario Municipal Board Commission des affaires municipales de l Ontario ISSUE DATE: October 6, 2014 CASE NO(S).: PL PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Casertano Development Corporation Request to amend the Official Plan - Failure of the to adopt the requested amendment Existing Designation: General Commercial Proposed Designation: High-Density Residential/Commercial Purpose: To permit the development of six (6) residential apartment buildings ranging from 26 to 40 storeys containing approximately 2,050 residential units and two (2) freestanding 2-storey office/commercial buildings and ground floor retail commercial uses totaling 4,234 square metres (45,574 square feet) in gross floor area in Blocks B and C Property Address/Description: 9060 Jane Street Approval Authority File No.: OP PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Casertano Development Corporation Application to amend Zoning By-law No. 1-88, as amended Refusal or neglect of the City of Vaughan to make a decision

2 2 PL Existing Zoning: Proposed Zoning: Purpose: Property Address/Description: Municipal File No.: C1(H) Restricted Commercial Zone RA3(H) Apartment Residential Zone To permit the development of six (6) residential apartment buildings ranging from 26 to 40 storeys containing approximately 2,050 residential units and two (2) freestanding 2-storey office/commercial buildings and ground floor retail commercial uses totaling 4,234 square metres (45,574 square feet) in gross floor area in Blocks B and C 9060 Jane Street Z PL PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Existing Designation: Proposed Designation: Purpose: Property Address/Description: Approval Authority File No.: Sandra Mammone Request to amend the Official Plan - Failure of the to adopt the requested amendment General Commercial High-Density Residential/Commercial To permit the development of six (6) residential apartment buildings ranging from 25 to 35 storeys containing approximately 1,600 residential units and two (2) freestanding 2-storey office/commercial buildings (Blocks D and E ) and ground floor office/commercial uses in Blocks A, B and C 8940 Jane Street OP PL PL110455

3 3 PL PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Existing Zoning: Proposed Zoning: Purpose: Property Address/Description: Municipal File No.: Sandra Mammone Application to amend Zoning By-law No. 1-88, as amended Refusal or neglect of the City of Vaughan to make a decision EM1(H) Prestige Employment Area Zone and EM2 General Employment Area Zone RA3(H) Apartment Residential Zone To permit the development of six (6) residential apartment buildings ranging from 25 to 35 storeys containing approximately 1,600 residential units and two (2) freestanding 2-storey office/commercial buildings (Blocks D and E ) and ground floor office/commercial uses in Blocks A, B and C 8940 Jane Street Z PL PL PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Existing Designation: Proposed Designation: Purpose: Rutherford Land Development Corp. Request to amend the Official Plan - Failure of the to adopt the requested amendment Prestige Area under Official Plan Amendment No. 450 (Employment Area Plan) High Density Residential/Commercial under Official Plan Amendment No. 600 To permit a mixed-use development consisting of approximately 303,000 square metres (3,261,464 square feet) in size containing 3,700 residential units in a built form containing 13 towers above a podium base with heights up to 38 storeys, as well as 10,300 square metres (110,868 square feet) of retail/institutional/community space and 4,500

4 4 PL Property Address/Description: Approval Authority File No.: square metres (48,437 square feet) of office space 2901 Rutherford Road OP PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Existing Zoning: Proposed Zoning: Purpose: Property Address/Description: Municipal File No.: Rutherford Land Development Corp. Application to amend Zoning By-law 1-88, as amended refusal or neglect of the City of Vaughan to make a decision EM1 Prestige Employment Zone RA3(H) Apartment Residential (Holding) Zone and OS2 Open Space Park Zone To permit a mixed-use development consisting of approximately 303,000 square metres (3,261,464 square feet) in size containing 3,700 residential units in a built form containing 13 towers above a podium base with heights up to 38 storeys, as well as 10,300 square metres (110,868 square feet) of retail/institutional/community space and 4,500 square metres (48,437 square feet) of office space 2901 Rutherford Road Z PL PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellants (jointly): Appellants (jointly): Appellants (jointly): Casertano Developments Corporation and Sandra Mammone Limestone Gallery Investments Inc. and Damara Investment Corp. Granite Real Estate Investment Trust and Magna

5 5 PL Appellants (jointly): Appellant: Appellant: Appellant: Appellant: International Inc. H & L Title Inc. and Ledbury Investments Ltd. Canadian National Railway Rutherford Land Development Corporation Ontario Ltd. Anland Developments Inc. Proposed Official Plan Amendment No. 2 to the Official Plan for the (2010) PL PL Heard: September 22 and 23, 2014 in Vaughan, Ontario APPEARANCES: Parties Counsel*/Representative See Attachment 1 MEMORANDUM OF ORAL DECISION DELIVERED BY JASON CHEE-HING ON SEPTEMBER 23, 2014 AND ORDER OF THE BOARD [1] This was the first prehearing conference( PHC ) hearing event into the appeals of the Vaughan Mills Centre Secondary Plan ( VMCSP ) being Official Plan Amendment ( OPA ) No. 2 to the Official Plan ( OP ) for the ( City ). [2] The City advised that 10 appeals had been filed against the VMCSP. The Appellants are shown in Exhibit 1. [3] The following entities requested and were granted party standing at these proceedings: 1. Ivanhoe Cambridge ll ( Ivanhoe )

6 6 PL Tesmar Holdings Inc. ( Tesmar ) 3. Starburst Development Corporation ( Starburst ) 4. Toronto and Region Conservation Authority ( TRCA ) 5. Regional Municipality of York ( Region ) [4] Mary Flynn-Guglietti, counsel for Starburst advised the Board that Starburst has two sites within the VMCSP area and Starburst seeks to protect its commercial interests on those sites. She also advised that Starburst is sheltering behind Appellant No. 3 and that they are related entities. [5] The following entities requested and were granted participant standing at these proceedings: 1. Weston Downs Ratepayers Association 2. East Woodbridge Ratepayers Association 3. Leon s Furniture Limited [6] The next PHC has been set for March 30 and 31, 2015 commencing at 10:30 a.m. at: Vaughan Municipal Building 2141 Major MacKenzie Drive Vaughan, Ontario [7] The Appellants will scope their grounds for appeal and clearly indicate which policies of the VMCSP they are appealing to be submitted to the City no later than 30 days prior to the next PHC.

7 7 PL [8] Appellants No. 7, 8 and 9 own lands on the western part (lands west of the Highway 400) of the VMCSP. Highway 400 ( 400 ) roughly divides the secondary plan area into those lands east and west of this highway. They advised the Board that their concerns are different from that of the Appellants whose lands are east of the 400. They requested that the Procedural Order ( PO ) should be phased accordingly to recognize this distinction. [9] A number of Parties (Granite, Magna, CN, Stronach Trust, Casertano, Mammone, Ivanhoe, the City, and the Region) all stated their intent to seek Party status into the Rutherford Land Development Corporation ( Rutherford ) appeal. [10] Steve Zakem, counsel for Granite and Magna advised the Board that notice of his clients motions for consolidation was served on the same entities as those served on his clients appeals of the Vaughan OP 2010 (PL111184). [11] A substantial part of these proceedings dealt with two motions for consolidation brought by Granite, Magna, and CN, a separate motion for consolidation brought by Cassertano and Mammone and a cross-motion brought by Tesmar. The moving and responding Parties had agreed to adjourn the hearing of these motions until such time that the affiants to the various motions could be cross-examined. What they could not agree on was the appropriate date for the setting of the motion hearing. [12] Meaghan McDermid, counsel for Tesmar argued that the motion hearing should occur only after the s. 43 review request of the Board s decision on dated April 11, 2014 had been heard by the Board and a decision rendered and further that the mediation discussions on the Tesmar appeal had been concluded. [13] Mr. Zakem and Ms. Flynn-Guglietti, respective counsels for Granite/Magna and Cassertano/Mammone, argued that a request for a s. 43 review does not act as a stay

8 8 PL of proceedings and until such a request is granted (by the Board) that the Board must proceed on the basis of its existing Orders. The City and the Region also took the position that a s. 43 review and ongoing mediations should not be a mitigating factor in the Board setting a date for the motion hearing. [14] The Board agreed that the setting of the motion hearing date should not be dependent on the outcome of the s. 43 review request or the ongoing mediation process. Rather, the setting of the motion hearing will be determined by the availability of hearing dates on the Board s calendar and at the Board s discretion. [15] The hearing date for the various motions and cross-motion was set down for December 11 and 12, 2014 commencing at 10 a.m. at: Vaughan Municipal Building 2141 Major MacKenzie Drive Vaughan, Ontario [16] The Parties are to ensure that all cross-examinations of the affiants are to be completed well in advance of December 11, There will be no scoping of the VMCSP appeals until after the motions for consolidation are disposed of by this Board. [17] I remain seized of the case management of these appeals.

9 9 PL Jason Chee-Hing JASON CHEE-HING MEMBER Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: Telephone: Toll Free:

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