William C. Maria

The applicant appealed the municipality's refusal of a Zoning By-law Amendment and a legal non-conforming use application to permit a biosolid storage facility in existing wastewater lagoons on a property in a prime agricultural area.

The Tribunal dismissed the appeals, finding that the proposed use was neither an agriculture-related use nor a permitted non-agricultural use under the Provincial Policy Statement, relying on the Prime Agricultural Area Guidelines.

The Tribunal also found that the applicant could not rely on legal non-conforming use because the previous owner's use of the lagoons for its own wastewater treatment had ceased in 2017.

The applicant appealed the City of Vaughan's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a mixed-use building at 4101 Rutherford Road.

The proposal sought to increase the maximum permitted building height from 4 storeys to 6 storeys and the floor space index from 1.5 to 2.75.

The City opposed the applications, arguing the development was incompatible with the surrounding low-rise residential neighbourhood.

The Tribunal found that the unique locational characteristics of the site and the proposal's design allowed for better planning outcomes while respecting the neighbourhood's character.

The Tribunal allowed the appeals in part, approving the Official Plan and Zoning By-law amendments in principle, and adjourned the Site Plan appeal.