Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 7, 2021

CASE NO.: PL111184

The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 1042710 Ontario Limited (aka Royal Centre)

Appellant: 1096818 Ontario Inc.

Appellant: 11333 Dufferin St et al

Appellant: 1191621 Ontario Inc.; and others

Subject: Failure to announce a decision respecting Proposed New Official Plan

Municipality: City of Vaughan

OMB Case No.: PL111184

OMB File No.: PL111184

OMB Case Name: Duca v. Vaughan (City)

BEFORE:

R.G.M. MAKUCH

VICE-CHAIR

Tuesday, the 7th day of September, 2021

THE TRIBUNAL in its Decision issued March 16, 2021 in Case No. PL111184 with Memorandum of Oral Decision delivered March 8, 2021 and Order, granted a motion brought by CRH Canada Group Inc. (formerly Holcim (Canada) Inc.) (CRH), Coco Paving Inc. (Coco), and Blair Building Materials Inc. (Blair) (collectively “MIL”), on the consent of all parties, being Alpa Roof Trusses Inc. and Argo Lumber Inc. (collectively “Alpa”) and the City of Vaughan (the “City”), for the partial approval of certain modifications of the City of Vaughan Plan (2010), as adopted by the City on September 17, 2010, subject to Council modifications on September 27, 2011, March 20, 2012 and April 17, 2012, and as modified and endorsed by the Regional Municipality of York on June 28, 2012 (the “VOP 2010”) in respect of certain lands located north of McNaughton Road, east of Keele Street, south of Teston Road, and west of the former Keele Valley Landfill Site (the “Subject Lands”);

AND THE TRIBUNAL in its Decision issued March 16, 2021, further ordered that upon receipt by the Tribunal of letter(s) of withdrawal from MIL which evidence the resolution of the balance of the MIL’s appeals Nos. 129, 130, 131 in this matter PL111184, the parties shall submit a further draft Order that in recognition of the said Decision/Order issued March 16, 2021 allowing the appeal of MIL in part and otherwise disposing of the MIL appeals, as confirmed by the said letter(s) of withdrawal, policies 2.2.4.2, 2.2.4.3, 2.2.4.4, 2.2.4.5, 2.2.4.6, 9.2.2.10(c), and 12.3 of the VOP 2010 are approved, in accordance with s.17(50) of the Planning Act, RSO 1990, c.P-13, as amended.

THIS TRIBUNAL ORDERS that in recognition of Decision/Order issued March 16, 2021 in Case No. 111184 with Memorandum of Oral Decision delivered March 8, 2021 and Order allowing the appeal of MIL in part and otherwise disposing of the MIL appeals, as confirmed by the letter of withdrawal referenced above, the following policies and map of the VOP 2010 are hereby approved, save and except to the extent such policies remain under appeal on a site-specific or area-specific basis, in accordance with s. 17(50) of the Planning Act, RSO 1990, c.P-13, as amended:

a. Volume 1 Policies 2.2.4.2, 2.2.4.3, 2.2.4.4, 2.2.4.5 (previously approved on a City-wide but not a site-specific basis) 2.2.4.6, and 9.2.2.10 (c);

b. All unapproved policies within Volume 2 Policy 12.3:

c. The modified Volume 2 Map 12.3.A in accordance with Appendix “A”

In recognition of Decision/Order issued March 16, 2021 in Case No. 111184 with Memorandum of Oral Decision delivered March 8, 2021 and Order allowing the appeal of MIL in part, the following maps and schedules of the VOP 2010 are hereby amended and approved as they relate to the Subject Lands:

a. deleting the “Employment Triangle” from Map 12.3.A, appended to the City’s Keele Valley Landfill Area Specific Policy in Volume 2 in accordance with Appendix “B”;

b. identifying the Subject Lands as a new ‘Area Specific Areas – Chapter 12’ entitled “Maple Industrial Area – 12.14” on Schedule 14-B: Areas Subject to Area Specific Plans (Volume 1) in accordance with Appendix “C”;

c. designating the lands located on the north east corner of Keele Street and McNaughton Drive (the “Alpa Lands”) as “Community Areas” on Schedule 1: Urban Structure (Volume 1), in accordance with Appendix “D”;

d. designating the remaining lands in the Subject Lands (excluding the Alpa Lands) as “Employment Areas” on Schedule 1: Urban Structure (Volume 1) in accordance with Appendix “D”; and

e. amending Schedule 13: Land Use (Volume 1) by greying out the entire Subject Lands and including a note that “Lands subject to Area Specific Policy 12.14” in accordance with Appendix “E”.

THE TRIBUNAL FURTHER ORDERS that notwithstanding the above, the Tribunal hereby retains jurisdiction to consider and approve such modifications to City-wide policies, schedules, map, tables and figures as may be appropriate to dispose of any outstanding appeals before the Tribunal.

In the event there are issues arising from the implementation of this Order, the Tribunal may be spoken to.

“Becky Fong”

BECKY FONG

REGISTRAR

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.

APPENDIX A

APPENDIX B

APPENDIX C

APPENDIX D

APPENDIX E