Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

November 18, 2021

CASE NO(S).:

PL171151

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Jane Teston Holdings Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment

Existing Designation:

Low-Rise Residential

Proposed Designated:

Mid-Rise Residential

Purpose:

To permit the development of an 11-storey residential building containing 176 units

Property Address/Description:

2975, 2985 & 2993 Teston Road

Municipality:

City of Vaughan

Approval Authority File No.:

OP.17.002

OLT Case No.:

PL171151

OLT File No.:

PL171151

OLT Case Name:

Jane Teston Holdings Inc. v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

Jane Teston Holdings Inc.

Subject:

Application to amend Zoning By-law No. 1-88, as amended - Neglect of the City of Vaughan to make a decision

Existing Zoning:

A Agricultural Zone & R4 Residential Zone, subject to Exception 9(1100)

Proposed Zoning:

RA3 Apartment Residential Zone, with site-specific zoning exceptions; and to permit an Independent Living Facility, Long Term Care Facility and a Supportive Living Facility as additional permitted uses in the RA3 Residential Zone

Purpose:

To permit the development of an 11-storey residential building containing 176 units

Property Address/Description:

2975, 2985 & 2993 Teston Road

Municipality:

City of Vaughan

Municipality File No.:

Z.17.003

OLT Case No.:

PL171151

OLT File No.:

PL171152

Heard:

November 8, 2021 by video hearing

APPEARANCES:

Parties

Counsel

Jane Teston Holding Inc.

Patrick Harrington/John Pappas

City of Vaughan

Effie Lidakis

Regional Municipality of York

Bola Ogunmefun/Mercedes Mueller

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON NOVEMBER 8, 2021 AND ORDER OF THE TRIBUNAL

1The Ontario Land Tribunal (“Tribunal”) convened the first Case Management Conference (“CMC”) for the above noted file. Jane Teston Holdings Inc. (“Applicant”) has filed appeals against the City of Vaughan’s (“City”) failure to make a decision for an Official Plan Amendment (“OPA”) pursuant to s. 22 (7) and a Zoning By-law Amendment (“ZBA”) pursuant to s. 34 (11) of the Planning Act. The subject lands are known municipally as 2975, 2985 and 2993 Teston Road.

2The effect of this OPA and ZBA is to facilitate the development of an 11-storey residential building with a total of 176 residential units with a Floor Area Ratio of approximately 3.45.

3There are two parties of record in this matter. The Regional Municipality of York (“Region”) has requested party status. The Tribunal grants this request on consent of all parties. There are 51 individuals who have requested participant status. A list of participants is found at Schedule 1 to this decision. There are several participants who took part in the CMC and there are no additional participant status requests.

4The Affidavit of Service dated October 14, 2021 is marked as Exhibit 1. No further notice is required.

5Mr. Harrington, on behalf of the Applicant. described the background and intent of the OPA and ZBA for the benefit of the Tribunal and participants. He made note that the parties plan to meet and review issues. Therefore, there may be revisions to the site plan should the parties find ways to reduce issues found in the Procedural Order (“PO”) and the Issues List. He made special note of the clause 10 in the draft PO which defines the date when a revised proposal must be submitted.

6A draft PO was submitted to the Tribunal prior to the CMC. For the benefit of the participants, Mr. Harrington advised that the Issues List is preliminary, and issues could be narrowed prior to commencement of the hearing; outlined the various exchange requirements and dates; and the time frame when written participant statements must be submitted. He committed to circulate all those interested in this matter regarding the status of the appeal. Parties are of the opinion that a ten (10) day merits hearing is required to adjudicate this matter.

7Both Ms. Lidakis on behalf of the City and Ms. Mueller, representing the Region, are in agreement with Mr. Harrington’s background and have a willingness to review and update the Issues List to ensure it is suitable for the hearing.

8Parties were asked if there is a benefit to initiate Tribunal led mediation. There was consensus amongst parties that a mediation is not required at this time. Should parties feel that Tribunal led mediation would be of assistance, a request to the Tribunal to conduct a mediation assessment will be made.

9Mr. Harrington committed to finalize the PO after circulating the final version to all parties to ensure their consent to its content. The PO is found at Schedule 2 to this decision.

10Accordingly, the Tribunal Orders.

11THAT the Procedural Order found in Schedule 2 is approved and is in full force and effect.

12THAT the hearing is scheduled for ten (10) days to proceed by video on Monday, September 19, 2022 at 10 a.m.

13Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/648180973

Access code: 648-180-973

14Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.??

15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free): 1-888-455 1389 or +1 (647) 497-9391. The access code is 648-180-973.

16Individuals 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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

17No further notice will be given.

18The Tribunal Member is not seized.

“Bryan W. Tuckey”

BRYAN W. TUCKEY

MEMBER

Ontario Land Tribunal

Website: 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.

Schedule 1

PL171151 - JANE TESTON HOLDINGS INC. - CITY OF VAUGHAN

PARTICIPANT STATUS REQUESTS

1. Cassandra Agostino

2. Daniela Agostino

3. Mary Agostino

4. Nicole Agostino

5. Stephen Beale

6. Tanina Bellino

7. Sandro & Vitina Bianchi

8. Caterina Bilotta

9. Pasquale Bilotta

10. Rosetta Ciarlandini

11. Angela D’Alessandro

12. Rita Del Rossi

13. Rocco Di Dio

14. Lucy Di Paola

15. Caterina Fava

16. Maurizio Fava

17. Michael Fava

18. Darrell Gardner

19. Julieta Gardner

20. Concetta Guglielmi

21. Marco Guglielmi

22. Rosalba Gullo

23. Tony Gullo

24. Lucia Isabel Igarashi Hasegawa

25. Ann Hu

26. Mary Iannizzi

27. Robert Kenedy

28. Jennifer Lavorato

29. Cindy Lee

30. Lino Macinella

31. Jody McCutcheon

32. Daniele Messina

33. Emilia Messina

34. Lauren Ng

35. Angelo Oddi

36. Rachele Oddi

37. Claire Pastore

38. Laura Pastore

39. Mary-Anne Pastore

40. Serafino Pastore

41. Maya Persad

42. Blaize Piacentini

43. Elena Piacentini

44. Francesco Piacentini

45. Marisa Piacentini

46. Patrick Piacentini

47. Praveena Sivananthan

48. Sandy Szewczyk

49. Sean Talebi

50. Lella Virzi

51. Angela Zanon

Ontario Land Tribunal

Procedural Order

SCHEDULE 2

ISSUE DATE: [DATE] CASE NO(S). PL200311

ONTARIO LAND TRIBUNAL

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Jane Teston Holdings Inc.

Subject:

Request to amend the Official Plan – Failure of the City of Vaughan to adopt the requested amendment

Existing Designation:

Low-rise Residential

Proposed Designation:

Mid-rise Residential

Purpose:

To permit the development of an 11-storey residential building containing 176 units

Property Address:

2975, 2985 & 2993 Teston Road

Municipality:

City of Vaughan

Municipality File No.:

OP.17.002

OLT Case No.:

PL171151

OLT File No.:

PL171151

OLT Case Name:

Jane Teston Holdings Inc. v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Jane Teston Holdings Inc.

Subject:

Application to amend Zoning By-law No. 1-88, as amended – Neglect of the City of Vaughan to make a Decision

Existing Zoning:

A Agricultural Zone & R4 Residential Zone, subject to Exception 9(1100)

Proposed Designation:

RA3 Apartment Residential Zone, with site-specific zoning exceptions; and to permit an Independent Living Facility, Long Term Care Facility and a Supportive Living Facility as additional permitted uses in the RA3 Residential Zone

Purpose:

To permit the development of an 11-storey residential building containing 176 units

Property Address:

2975, 2985 & 2993 Teston Road

Municipality:

City of Vaughan

Municipality File No.:

Z.17.003

OLT Case No.:

PL171151

OLT File No.:

PL171151

OLT Case Name:

Jane Teston Holdings Inc. v. Vaughan (City)

PROCEDURAL ORDER

The Tribunal Orders that:

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday, September 19, 2022 at 10:00 A.M.

3. The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The procedural order deadlines are found in Attachment 1.

5. The parties and participants identified at the case management conference are set out in Attachment 2.

6. The issues are set out in the Issues List attached as Attachment 3. Other than the deletion/resolution of issues and the revision of issues as provided for in paragraph 10, there will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

7. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca).

Requirements Before the Hearing

10. If the Applicant/Appellant intends to seek approval of a revised proposal at the hearing, or intends to rely on any revised or updates drawings, reports or studies, the Applicant/Appellant shall provide copies of the revised plans, drawings, reports and studies to the other Parties not less than 120 days before the commencement of the hearing. The Parties may revise their issues in response to the revised proposal within 14 days after the revised proposal is provided, with the consent of the Parties or with the Tribunal’s permission.

11. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Tuesday, June 21, 2022 and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

12. Expert witnesses in the same field shall have a meeting on or before Thursday, July 21, 2022 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the Tribunal Case Co-ordinator on or before Tuesday, August 2, 2022.

13. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 15 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

14. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 15 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 15 below.

15. On or before Friday, August 5, 2022, the parties shall provide copies of their expert witness statements to the other parties and to the Tribunal Case Co-ordinator and in accordance with paragraph 24 below.

16. On or before Friday, August 5, 2022, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before Monday, August 29, 2022, the Parties may provide to all other parties and the Tribunal Case Co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and in accordance with section 24 below.

18. On or before Friday, September 2, 2022, the parties shall provide copies of their visual evidence to all of the other parties in accordance with section 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. The parties shall cooperate to prepare a joint document book which shall be provided to the Tribunal Case Co-ordinator on or before Friday, September 9, 2022.

20. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the Tribunal Case Co-ordinator, on or before before 9:00 am on the day the material will used.

21. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

22. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

23. The parties shall prepare and file a hearing plan with the Tribunal on or before Friday, September 9, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

24. All filing of documents and materials shall be electronic and, where feasible, in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents email shall be governed by the Rule 7.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

PL171151

Attachment 1

Summary of Key Events

DATE

EVENT

Friday, May 20, 2022

(120 days prior to hearing)

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

Tuesday, June 21, 2022

(90 days prior to hearing)

Exchange of witness lists (names, disciplines, and order to be called)

Thursday, July 21, 2022

(60 days prior to hearing)

Experts meeting prior to this date

Tuesday, August 2, 2022

(50 days before prior to hearing)

Agreed Statement of Facts

Friday, August 5, 2022

(45 days prior to hearing)

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

Monday, August 29, 2022

(14 days after exchange of witness statements)

Exchange of Responding Witness Statements (if any)

Friday, September 2, 2022

(15 days prior to hearing)

Exchange of visual evidence (if any)

Friday, September 9, 2022

(10 days prior to hearing)

Hearing Plan filed with the Tribunal

Friday, September 9, 2022

(10 days prior to hearing)

Joint Document Book filed with the Tribunal

Monday, September 19, 2022 through Friday, September 30, 2022

Hearing

Attachment 2

Parties:

Jane Teston Holdings Inc.

Aird & Berlis LLP

Brookfield Place, 181 Bay Street, Suite 1800 Toronto ON M5J 2T9

Patrick Harrington / John George Pappas Tel: (416) 865-3424 / (416) 865-7719 Email: pharrington@airdberlis.com / jpappas@airdberlis.com

City of Vaughan

City of Vaughan – Legal Services

2141 Major Mackenzie Drive Vaughan, ON L6A 1T1

Effie Lidakis Tel: (905) 832-8585 ext. 8851 Email: effie.lidakis@vaughan.ca

Regional Municipality of York

Legal & Court Services Department

17250 Yonge Street New Market, ON L3Y 6Z1

Bola Ogunmefun / Mercedes Mueller Tel: 1-877-464-9675 ext. 71459 / ext. 71435 Email: bola.ogunmefun@york.ca / mercedes.mueller@york.ca

Participants:

1. Cassandra Agostino 150 Giotto Cres. c.agostino91@gmail.com

2. Daniela Agostino 150 Giotto Cres. Danielakatrina05@gmail.com

3. Mary Agostino 150 Giotto Cres. Mary.agostino@rogers.com

4. Nicole Agostino 150 Giotto Cres. Nicoleagostino97@gmail.com

5. Stephen Beale sbeale@interware.ca

6. Tanina Bellino 136 Giotto Cres. taninabellino@gmail.com

7. Sandro & Vitina Bianchi 143 Giotto Cres. stbianchi@rogers.com

Represented by Daniele Messina

8. Caterina Bilotta 128 Giotto Cres. Cathybillota1@gmail.com

9. Pasquale Bilotta 128 Giotto Cres. Cathybillota1@gmail.com

10. Rosetta Ciarlandini 132 Giotto Cres. mciarlandini79@gmail.com

11. Angela D’Alessandro 171 Ashton Dr. Adalessandro75@gmail.com

12. Rita Del Rossi 137 Giotto Cres. rdelrossi@rogers.com

13. Rocco Di Dio 136 Giotto Cres. Bjs21@rogers.com

14. Lucy Di Paola 15 Giotto Cres. Lucy.dipaola@yahoo.com

15. Caterina Fava 12 Giotto Cres.

Represented by Mary Agostino (Mary.agostino@rogers.com)

16. Maurizio Fava 56 Giotto Cres. Maurizio_fava@rogers.com

17. Michael Fava 12 Giotto Cres. Michael_fava@yahoo.com

18. Darrell Gardner 141 Giotto Cres. darrellgardner63@gmail.com

19. Julieta Gardner 141 Giotto Cres. julietagardner63@gmail.com

20. Concetta Guglielmi 9 Giotto Cres. Gagliardi_tina@yahool.ca

21. Marco Guglielmi 9 Giotto Cres. marcoguglielmi@sympatico.ca

22. Rosalba Gullo 146 Giotto Cres. rgullo@justenergy.com

23. Tony Gullo 146 Giotto Cres tonygullo@rogers.com

24. Lucia Isabel Igarashi Hasegawa ligarashi@gmail.com

25. Ann Hu 23 Giotto Cres. annyupinghu@gmail.com

26. Mary Iannizzi 21 Giotto Cres. Mary_iannizzi@rogers.com

27. Robert Kenedy rkenedy@yorku.ca

28. Jennifer Lavorato jennlavorato@gmail.com

29. Cindy Lee 98 Nasir Cres. Clee276@gmail.com

30. Lino Macinella 73 Klamath Crt. l.man@sympatico.ca

31. Jody McCutcheon 52 Giotto Cres. Jody.mccutcheon@gmail.com

32. Daniele Messina 140 Giotto Cres. danielegmessina@gmail.com

33. Emilia Messina 140 Giotto Cres. Emilianamessina80@gmail.com

34. Lauren Ng laurenvng@gmail.com

35. Angelo Oddi 27 Giotto Cres. Aoddi99@gmail.com

36. Rachele Oddi 27 Giotto Cres. rachele.oddi@rogers.com

37. Claire Pastore Claire.pastore@hotmail.com

38. Laura Pastore Laurapastore01@gmail.com

39. Mary-Anne Pastore mpastore@mastersinsurance.com

40. Serafino Pastore pastores@rogers.com

41. Maya Persad mpersad@apotex.com

42. Blaize Piacentini 138 Pine Hollow Cres. bepiacentini@sympatico.ca

43. Elena Piacentini 138 Pine Hollow Cres. bepiacentini@sympatico.ca

44. Francesco Piacentini 138 Pine Hollow Cres. fpiacentini@bell.net

45. Marisa Piacentini 138 Pine Hollow Cres. mpiacentini@bell.net

46. Patrick Piacentini 138 Pine Hollow Cres. ppiacentini@bell.net

47. Praveena Sivananthan 52 Giotto Cres. praveena15@gmail.com

48. Sandy Szewczyk 102 Colombo Cres. sandyszew@gmail.com

49. Sean Talebi Stalebi1@gmail.com

50. Lella Virzi 451 Glenkindie Ave lvirzi@buttcon.com

51. Angela Zanon 125 Giotto Cres. Zanon94@hotmail.com

PL171151

Attachment 3

Issues List

NOTE: the identification of an issue on the Issues List is intended to provide notice to all Parties that a Party will lead evidence and/or argument on the matter. The identification of an issue on the Issues List does not constitute an acknowledgment by the Tribunal or any Party that such issue, or the manner in which the issue has been expressed, is either appropriate or relevant to the determination at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

City of Vaughan

Land Use Policies

1. Do the Do the official plan amendment and zoning by-law amendment (the “Proposed Development”) have regard to the following matters of provincial interest under Section 2 of the Planning Act?

(h) orderly development of safe and healthy communities

(j) the adequate provision of a full range of housing, including affordable housing

(p) the appropriate location of growth and development

(q) promotion of development that is designed to be sustainable, to support public transit and oriented to pedestrians

(r) the promotion of built form that,

(i) is well-designed

2. Is the Proposed Development consistent with the Provincial Policy Statement (2020) (“PPS”) and does it comply with section 3(5)(a) of the Planning Act, for PPS policies including but not limited to:

Section 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Sections 1.1.1, 1.1.3.1, 1.1.3.2, 1.1.3.3, 1.1.3.4, , 1.1.3.7,

Coordination, Section 1.2.1 a), 1.2.2, 1.2.4,

Housing, Section 1.4,

Public Spaces Section 1.5.1 a),

Sewage, Water and Stormwater, Section 1.6.6.1 a) 1., d), 1.6.6.2, 1.6.6.7 a), c), e), f),

Transportation Systems, 1.6.7.2

3. Is the Proposed Development in conformity with the Growth Plan for the Greater Golden Horseshoe, (August 2020) (“GP”) and does it comply with section 3(5)(a) of the Planning Act, for GP policies including but not limited to sections:

Guiding Principles, 1.2.1;

Where and How to Grow 2.2; Section 2.2.1.2 (c), 2.2.1.3 (a), 2.2.2.3 (a); 2.2.4.10; 2.2.6.1 and 2.2.6.3.,

Infrastructure to Support Growth 3.2.1.3

4. Does the proposed development conform with the York Region Official Plan 2010, including but not limited to:

Sections 1.2;

Chapter 5 – Sustainable Cities, Sustainable Communities, 5.2.3, 5.2.4, 5.2.8 (a)-(g), 5.2.10; 5.2.11; 5.2.21;

Intensification 5.3.2,5.3.3 (b), (c); 5.3.4, 5.3.6;

Regional Centres and Corridors 5.4.1, 5.4.2, 5.4.3, 5.4.4; 5.4.9; 5.4.16, 5.4.23;

Chapter 7: 7.1.1, 7.1.7, 7.3.2;

5. Does the proposed development conform with the City of Vaughan Official Plan 2010, including but not limited to sections:

Planning for Growth, 2.1.3.2 c., e.),

Urban Structure 2.2.1.1, b., d., 2.2.1.2,

Community Areas, 2.2.3.2, 2.2.3.3, 2.2.3.4, 2.2.3.4,

Intensification 2.2.5,

Protecting Groundwater, 3.6.2.2, 3.6.2.3,

Stormwater 3.6.6.3, 3.6.6.4, 3.6.6.7, 3.6.6.8, 3.6.6.10, 3.6.6.11, 3.6.6.14, 3.6.6.15,

Erosion and Sediment Control 3.6.7,

Street Network 4.2.1.6, 4.2.1.19.,

Transit Oriented 4.2.2.16, 4.2.2.20,

Active Transportation 4.2.3.1 a,

Municipal Servicing 8.2.1.2.,

Public Realm 9.1.1.1 a., d., g., 9.1.1.2 a., 9.1.1.3 a, c., 9.1.1.10.

Built Form 9.1.2.1, 9.1.3.3.,

Building Types 9.2.1.1., 9.2.1.2., 9.2.1.7

Low Rise Residential 9.2.2.1.,

Mid-Rise Residential 9.2.2.3.,

Building Types 9.2.3.5,

Zoning By-law 10.1.2.1.,

Holding By-law 10.1.2.5, 10.1.2.6., 10.1.2.7, 10.1.2.8.

Schedules 1, 1A, 9 and 13.

Land Use Compatibility

6. Is the Proposed Development compatible with the planned development in the Block 27 Secondary Plan (OPA 33)?

7. Is the Proposed Development appropriate given the context of the Subject Lands relative to the Highway 400 North Employment Lands Secondary Plan (OPA 637) which designates the northwest corner of Jane Street and Teston Road “Mixed Use Area – Employment / Commercial” and encourages retail and service commercial uses which may include a food store?

8. Is the Proposed Development appropriate given the City of Vaughan Official Plan designations in the south-west quadrant of Jane Street and Teston Road?

Urban Design

9. Does the Proposed Development have regard to the City-Wide Urban Design Guidelines (2018)?

10. Is the built form of the Proposed Development appropriate, including the heights, form, massing, scale, siting, setbacks, angular plane, density, landscaping, loading and parking space requirements, and minimum amenity space, considering, the policy context and the character of the surrounding lands?

11. Does the Proposed Development establish an appropriate relationship to the public realm along Jane Street and Teston Road and to abutting properties on Giotto Crescent, given the location of the main building entrance internal to the site and the location of the private driveway accesses?

12. Does the site design accommodate the City’s landscape requirements within the Subject Lands and are adequate landscape strips provided along the street lines?

13. Does the proposed site design have adequate landscaped areas containing soft landscape materials and sodded areas for residents to utilize?

14. Will the Proposed Development create unreasonable shadow impacts to surrounding properties?

Engineering

15. Are the sanitary sewers on Giotto Crescent adequate to accommodate the storm and sanitary sewer needs of the Proposed Development? If not, is there sufficient interim capacity in the downstream sanitary trunk sewers proposed to be used for the Proposed Development given the amount of development planned to occur through the Implementation of the approved secondary plans for Block 27, Block 34 and Block 35 using the same downstream system?

16. Are the water supply connections from the existing watermain on Giotto Crescent adequate to support the Proposed Development for domestic use and fire use?

17. Is the proposed Storm Water Management Plan, to convey and discharge into the existing storm sewer on Giotto Crescent, adequate to address post-development storm events including a 100-year event, in accordance with the approved Master Plan Study/MESP for the area, and has the Functional Servicing and Stormwater Management Report been revised to determine if there is sufficient capacity to accommodate the Proposed Development

18. Is the Water Balance Analysis for the Proposed Development satisfactory?

19. Does the Proposed Development maintain predevelopment recharge on the Subject Lands, in accordance with the Wellhead Protection Areas- Q2( WHPA-Q2) (Recharge Management Area CTC Source Protection Plan) water quantity recharge policy?

20. Have the Phase One and Phase Two Environmental Site Assessment (“ESA”) Reports and/or updated ESA Reports for the Subject Lands been provided that meet the intent of O. Reg. 153/04 standards?

21. Has a Remedial Action Plan for the Proposed Development been submitted to the City outlining the approach for remediating Electrical Conductivity (EC) and Sodium Absorption Ratio (SAR) soil impacts which exceeded the Ministry of Environment, Conservation, and Parks (MECP) applicable Standards identified in the ESA reports for the Subject Lands, and is it adequate?

Transportation Engineering

22. Is there a need for an additional driveway connecting to Giotto Crescent?

23. Is it appropriate for the Proposed Development to provide a solution for the ultimate condition of the termination of Giotto Crescent?

24. Does the Proposed Development provide an appropriate resident and visitor parking ratio for the number of units?

25. Does the December 2016 Traffic Impact Study (Crozier & Associates) (the “TIS”) appropriately address the City’s TIS Guidelines (March 2021), and adequately address transportation infrastructure needs for the Proposed Development and appropriately account for the future transportation demand of the area?

26. Has the TIS assumed the appropriate level of trip generation and are the proposed modal split adjustments reflective of future travel behavior for the Proposed Development and surrounding area, given the 2016 report was based on 2021 anticipated levels of service and are updated analyses required?

27. Are the proposed Active Transportation (AT) and Travel Demand Management (TDM) measures sufficient to alleviate traffic operation concerns and do they support the estimated trip generation for the Proposed Development?

Implementation

28. In the event that the Tribunal allows the appeals, in whole or in part, is it appropriate for the implementing zoning by-law amendment to be subject to a Holding Symbol (H) for conditions including the following?

a) Vaughan Council confirms by resolution that sufficient water and sanitary capacity has been allocated for the Subject Lands

b) the City receives a Record of Site Condition (RSC) filed on the Environmental Site Registry

c) the Owner shall successfully obtain site plan approval from all applicable City departments and external agencies including the First Nations having an interest in this application

d) that the Owner submit a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Traffic Impact Study, and Environmental Site Assessment Report to the satisfaction of the City, Toronto and Region Conservation Authority, York Region, and other agencies as may be required, and

e) implementation of any necessary transportation and servicing improvements to permit the Proposed Development

29. Does the Proposed Development represent good land use planning and is it in the public interest?

Regional Municipality of York

Transportation Planning

30. Is the Private Transportation Study appropriate and consistent with the Region Transportation Mobility Plan Guidelines for Development Application (November 2016)?

31. Does the Private Transportation Study appropriately address the operational and safety concerns related to the proposed development accesses?

32. Does the proposed development provide an interconnection with Giotto Crescent?

33. Does the proposed development access arrangement meet the recommendations of the Access Guidelines for Regional Roads (November 2020) and Policy 7.2.53 the York Region Official Plan 2010 (“YROP”)?

34. Has the proposed development provided sufficient right-of-way requirements as per Map 12 of the YROP for Teston Road and Jane Street, as well as adequate daylight triangle at the south-east corner of the Jane Street and Teston Road intersection?

PL171151

Attachment 4

Order of Evidence

1. .Jane Teston Holdings Inc. (Applicant), in chief

2. City of Vaughan

3. Regional Municipality of York

4. Jane Teston Holdings Inc., in reply

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