David Marcucci

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The Tribunal approved a settlement between West Rutherford Properties Ltd. and the City of Vaughan regarding an appeal of the 2010 Vaughan Official Plan.

The settlement restores the site's designation to Mid-Rise Mixed-Use, permitting up to six storeys and a density of 2.0 FSI, as originally adopted by the City before a subsequent modification request.

The Tribunal accepted uncontested expert planning evidence that the designation represents good planning, is consistent with the Provincial Policy Statement, and conforms with the Growth Plan and Region Official Plan.

This was a Case Management Conference concerning multiple appeals of the 2010 Vaughan Official Plan.

The Tribunal ordered several site-specific appeals regarding official plan and zoning by-law amendments to be heard together with the broader secondary plan appeals.

Additionally, following the withdrawal of an appeal concerning 441 Clark Avenue, the City brought an uncontested motion to approve the official plan policies and mapping for that site.

Relying on the uncontested planning evidence of the City's planner, the Tribunal found the policies satisfied all statutory requirements and granted the motion, approving the official plan as it applies to the site.

The Tribunal convened a settlement hearing to address an appeal by Tien De Religion Canada regarding the City of Vaughan's 2010 Official Plan.

The parties agreed to modifications permitting a detached dwelling and agricultural uses on the appellant's property, which is largely bounded by the Humber River.

Based on uncontested planning evidence, the Tribunal found the modifications consistent with provincial policies and the Regional Official Plan.

The Tribunal approved the modifications, finding them to represent good planning in the public interest.

The appellants appealed the Vaughan Official Plan and the Vaughan Mills Centre Secondary Plan, seeking to convert a portion of their employment lands to a Mixed Use designation to permit residential development.

The tribunal applied the conversion tests under the Growth Plan for the Greater Golden Horseshoe.

While finding that the proposed concept plan had qualitative merits and could address need, the tribunal concluded that the conversion failed to maintain a significant number of jobs on the lands and would adversely affect the overall viability of the surrounding employment area.

The tribunal denied the requested conversion and the related request to identify the lands as a Primary Centre, directing the parties to prepare modifications for a Phase 2 hearing.