Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 18, 2021

CASE NO(S).: PL200135

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: TransCanada PipeLines Limited

Subject: Proposed Official Plan Amendment No. OPA 50

Municipality: City of Vaughan

LPAT Case No.: PL200135

LPAT File No.: PL200135

LPAT Case Name: TransCanada PipeLines Limited v. Vaughan (City)

Heard: July 22, 2021 via video hearing

APPEARANCES:

Parties	Counsel
TransCanada Pipe Lines Limited	Chris Barnett
City of Vaughan	Effie Lidakis
Block 41 Landowners Group	Ira Kagan
Kirby West Ltd.	K. Sliwa

DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL

1This Case Management Conference (“CMC”) was converted to a Settlement Hearing on consent of all Parties on an appeal by TransCanada PipeLines Limited (“TPL”) to Official Plan Amendment No. 50 (“OPA”) adopted by the City of Vaughan (“City”) and modified and approved by the Regional Municipality of York (“Region”).

2At the commencement of the hearing, the Tribunal was informed that the parties resolved the dispute over the matters under appeal in accordance with the Minutes of Settlement presented and entered as Exhibit 3.

3The OPA, initiated by Block 41 Landowners Group Inc. (“Landowners”), comprises the Block 41 Secondary Plan with policies and land use designations for a new community. Proposed land uses include a mix of housing, local retail, community facilities and schools for a planned population of some 13,000 people and 600 jobs.

4TPL operates a natural gas compressor station known as Station 130 on a 40-hectare parcel in the north-central area of Block 41. TPL sought suitable policies in the OPA to protect its operations given the noise, truck traffic and setbacks generated by this federally regulated facility.

5The lands subject to this Secondary Plan are located north of Teston Road, east of Pine Valley Drive, south of Kirby Road, and west of Weston Road and comprise Parts Lots 26 – 30 of Concession 6 in the City of Vaughan.

6The existing residential neighbourhood designated Low-Rise Residential, the lands designated Rural, the portion of the Greenbelt Plan Area designated Natural Areas, and the lands currently designated as Infrastructure and Utilities, known as the TransCanada Pipe Lines Limited compressor station, Station 130, as well as pipeline rights-of-way (except for the pipeline extending north-south from the compressor station to Kirby Road which is located within the Secondary Plan area), do not comprise part of the Block 41 Secondary Plan area.

7TPL and the Landowners, with the Region and City, advised that extensive discussions have occurred on modifications to the OPA that have been resolved to the satisfaction of all Parties.

PLANNING EVIDENCE

8The Parties presented the modifications through the testimony of Donald Given, Land Use Planner who was qualified and affirmed to provide opinion evidence. Mr. Given is a Member of the Canadian Institute of Planners and a Member of the Ontario Professional Planning Institute.

9Mr. Given provided the Tribunal with a detailed review of the concerns brought through this appeal by TPL with regard to the presence of one of TPL’s major facilities and the potential impact on the business operations of TPL on development within Block 41 through the Secondary Plan. The Tribunal heard thru Mr. Given there were discussions regarding services, roads and noise mitigation measures were discussed at length through the settlement process. The Tribunal was informed that permission, through applications and approval by TPL for roadways to cross over TPL property, would be applied for and considered through the planning process and to the satisfaction of TPL and the City.

10The Tribunal was also made aware that through OPA 50, Schedule “G”, Section 3.10 entitled: Policies for TransCanada PipeLines Limited, there are a number of policies specific to noise influence and low frequency sound. Mr. Given indicated that he relied on the opinion of a sound engineer, who determined the levels to be consistent with the Ministry of the Environment and in accordance with Provincial Policy. It was noted that TPL and the City were part of the discussions.

11Overall, it is Mr. Given’s professional planning opinion that the proposed amendments to OPA, in the manner proposed, represents good planning. The amendments are consistent with the policy direction articulated in the Provincial Policy Statement, 2020 (“PPS”), and conform with the Growth Plan for the Greater Golden Horseshoe, 2019 (“GP”), the Greenbelt Plan, (2017) (“Greenbelt Plan”); the Region of York (“ROP”) and the City of Vaughan (“OP”).

Provincial Policy Statement 2020

12The PPS 2020 integrates the key principles of strong communities, a clean and healthy environment, and economic growth for the long term, and states that land use must be carefully managed to accommodate appropriate development to meet a full range of current and future needs, while achieving efficient development patterns and avoiding significant or sensitive resources and areas which may pose risk to public health and safety (Part IV: PPS 2020).

13The policies contained in the Secondary Plan include a range and mix of housing types and densities, employment opportunities, commercial uses, and institutional and public uses to support the future residential community.

14The Secondary Plan emphasizes active transportation and will achieve connectivity throughout the block based on the policies requiring the implementation of a multi-use recreational trail system, as well as connected pedestrian and cycling networks, in support of active transportation.

15He opined that on this basis, the Block 41 Secondary Plan is consistent with and meets the intent of the PPS 2020.

Growth Plan for the Greater Golden Horseshoe, 2019

16The guiding principles of A Place to Grow 2019, support the achievement of complete communities, principles of building compact vibrant neighbourhoods, the protection and conservation of valuable natural resources, and the optimization of existing and new infrastructure to support growth in a compact efficient form.

17The Secondary Plan has been prepared in conformity with the directions of A Place to Grow, 2019, to ensure that new development will result in the creation of a complete community which will be compact, vibrant, inclusive, healthy, sustainable and diverse.

Greenbelt Plan (2017)

18Under the Greenbelt Plan, a significant portion of Block 41 is designated Protected Countryside, which includes an Agricultural System and a Natural Heritage System, together with settlement areas. The Agricultural System of the Greenbelt Plan is made up of specialty crop, prime agricultural and rural areas, while the Greenbelt Plan’s Natural Heritage System includes lands that support natural heritage and hydrologic features and functions. These areas are provided with permanent protection from development under the Greenbelt Plan, except as identified under section 4.0 of the Greenbelt Plan.

19Mr. Given’s illustrated to the Tribunal that the Block 41 Secondary Plan protects these lands in conformity with the directions of the Greenbelt Plan.

York Region Official Plan

20The York Region Official Plan, 2010 (“YROP”) designates the Subject Lands as “Urban Area” and “Greenbelt Plan”, and as Regional Structure in the YROP. The “Urban Area” designation is intended to allow for the creation of compact and complete communities which are sustainable and have the highest standard of urban design. Lands in the Greenbelt Plan Area are to be protected in accordance with of the Provincial Greenbelt Plan.

21It was Mr. Given’s opinion that the amendment supports a number of housing options through the provision of a mix and range of market based multi-unit housing, environmentally stable trails and parks as well as a number of primary schools and a secondary school. It was his opinion that the Secondary Plan is consistent with the policies of the YROP.

City of Vaughan Official Plan

22Mr. Givens informed the Tribunal that on September 7, 2010, Vaughan Council adopted VOP 2010. Schedule 13 of Volume 1 of VOP 2010 designates the lands subject to this Secondary Plan “New Community Areas”, “Natural Areas”, and “Agricultural”. The “New Community Areas” designation requires that a Secondary Plan be prepared and approved in accordance with the policies of section 10.1 of VOP 2010, prior to the approval of any development applications. He informed the Tribunal that the amendment implements the results of a detailed Secondary Plan process that included consultation throughout the Study process, and the North Vaughan and New Communities Transportation Master Plan.

23The Tribunal was informed that regular meetings were held at key points of the Secondary Plan Study with the Block 41 participating Landowners and the Block 41 Technical Advisory Committee (“TAC”). In addition to the formal meetings with the TAC, meetings were held throughout the process with individual agencies including meetings with the School Boards, Ministry of Natural Resources and Forestry, Toronto and Region Conservation Authority (“TRCA”), and TPL.

24It is Mr. Given’s professional opinion that the appeal should be allowed, and the proposed Amendment be approved.

25Mr. Barnett noted that TPL reiterates its position regarding PPS section 1.2.6.1 and 1.2.6.2 which speaks to Land Use Compatibility. He informed the Tribunal that Station 130 is national infrastructure which is regulated by the Canadian Energy Regulator Act, under Natural Resources Canada, which licenses, supervises, regulates and enforces all applicable Canadian laws as regards to interprovincial and international oil, gas, and electric utilities. In stating this, he spoke to ensure TPL’s continued ability to operate unimpeded through the development process and to ensure that appropriate noise mitigation measures are in place along with the regulated setbacks under the Act. when design and implementation of any development occurs.

ANALYSIS AND FINDINGS

26The Tribunal finds on the uncontradicted planning evidence and opinions of Mr. Given that the Amendment to OPA 50 to create a "Block 41 Secondary Plan" in the manner proposed warrants approval.

27The Amendment is consistent with the policy direction of the PPS, conforms to the planning directives of the GP, the Greenbelt Plan, YROP and meets the policy intent of the OP.

28The overall Amendment being proposed has appropriate regard for matters of provincial interest, is consistent with the principles of good land use planning and is in the greater public interest.

29The Amendment supports the Provincial initiative of creating new housing opportunities. The proposal will increase the available housing in varied accommodation form. The proposal intensifies the use of underutilized lands within an area that has transit servicing.

ORDER

30THE TRIBUNAL ORDERS that the appeal is allowed in part and that Official Plan Amendment No. 50 to the Vaughan Official Plan 2010 for the Vaughan Planning Area is modified in the form set out in Attachment 1 to this Order. The Tribunal Orders that Amendment No. 50 is approved as modified.

31THE TRIBUNAL ORDERS that for the purposes of implementing the approval of OPA 50 as modified, the Vaughan Official Plan 2010 for the Vaughan Planning Area, Volumes 1 and 2, is modified, and approved as modified, as follows:

(a) Amending Volume 1, Schedule 1 “Urban Structure” by removing the “New Community Area” designation from the lands subject to OPA 50 and replacing it with a “Community Area” designation in accordance with Attachment 2 to this Order;

(b) Amending Volume 1, Schedule 2 “Natural Heritage Network” to refine the Core Features and unapproved designations to the boundary of the Natural Heritage Network contained in Schedule “F” to OPA 50, in accordance with Attachment 3 to this Order;

(c) Amending Volume 1, Schedule 9 “Future Transportation Network” to reflect the transportation network contained in Schedule “E” of OPA 50, in accordance with Attachment 4 to this Order;

(d) Amending Volume 1, Schedule 13 “Land Use” by re-designating the lands subject to OPA 50 from “New Community Areas”, “Natural Areas”, “Agricultural”, “Greenbelt Plan Area” to “Lands Subject to Secondary Plans”, in accordance with Attachment 5 to this Order;

(e) Amending Volume 1, Schedule 14-A “Areas Subject to Secondary Plans” in accordance with Attachment 6 to this Order;

(f) Amending Volume 2, Section 11.1 “Areas Subject to Secondary Plans”, by adding and sequentially numbering the following policy: “(OPA #50) The lands subject to the Block 41 Secondary Plan are identified on Schedule 14-A and are subject to the polices set out in Section 11.14 of this Plan.”; and

(g) Amending Volume 2, Section 11 “Secondary Plan Policies” by adding a new Section 11.14 “Block 41 Secondary Plan” and adding the text and schedules of the Block 41 Secondary Plan, in accordance with Attachment 7 to this Order.

“D. Chipman”

D. CHIPMAN MEMBER

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