Daniel Rende

The appellant appealed the City of Vaughan's failure to adopt requested official plan and zoning by-law amendments for a proposed high-density mixed-use development.

The parties reached a global settlement to amend the Promenade Centre Secondary Plan and the Comprehensive Zoning By-law.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with provincial policies and approved them on consent, dismissing the site-specific appeals as no longer necessary.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

The appellant appealed a Committee of Adjustment decision refusing two minor variances required to legalize and maintain a third-storey addition to a detached dwelling.

The variances sought relief for side exterior main wall height and floor space index.

The Toronto Local Appeal Body dismissed the appeal, finding that the requested variance for maximum main side wall height did not meet the four tests under s. 45(1) of the Planning Act.

The panel rejected the appellant's expert planning evidence, concluding that the variance was not minor or desirable and would have an unacceptable impact on the immediate context.