Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 28, 2022
CASE NO(S).:
OLT-22-002104
OLT-22-003554
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
1042710 Ontario Limited (aka Royal Centre)
Appellant
1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch
Appellant
1150 Centre Street GP Inc.
Appellant
1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd.
and others
Subject:
Zoning By-law
Description:
New City-wide comprehensive zoning by-law
Reference Number:
By-law 001-2021
Property Address:
City Wide
Municipality/UT:
Vaughan/York
OLT Case No:
OLT-22-002104
OLT Lead Case No:
OLT-22-002104
OLT Case Name:
D'Aversa v. Vaughan (City)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
1042710 Ontario Limited (aka Royal Centre)
Appellant
1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch
Appellant
1150 Centre Street GP Inc.
Appellant
1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd.
and others
Subject:
Zoning By-law
Description:
Transitional by-law
Reference Number:
By-law 039-2022
Property Address:
City Wide
Municipality/UT:
Vaughan/York
OLT Case No:
OLT-22-003554
OLT Lead Case No:
OLT-22-002104
Heard:
June 9, 2022, by video hearing
APPEARANCES:
Parties
Counsel
See Attachment 1 - Schedule 1
REVISED – MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal conducted a Case Management Conference (“CMC”) at which many administrative matters were resolved related to Appeals from the City’s Comprehensive By-law No. 001-2021 (“CZBL”) and Transitional By-law No. 039-2022 (“TBL”).
2As well, the Tribunal heard a settlement of the Appeals of 2058258 Ontario Limited with respect to its property at 4603 and 4611 Highway 7.
3Motions and other requests were also considered.
4City Council enacted By-law No. 001-2021 on October 20, 2021, a Comprehensive By-law to replace Zoning By-law No. 1-88. This was after three drafts were circulated. These were considered at several public meetings. After its enactment some 130 Appeals were filed. Council subsequently directed staff to engage in mediation, conciliation or other dispute resolution techniques to attempt to resolve them.
5The flow chart of Appeals set out the City’s approach of grouping them: those which could be resolved quickly, those to be readily addressed, and those subject to site-specific applications. One Appeal was resolved, and was addressed by way of a settlement at the CMC. Sixty-seven others have firm plans for resolution.
6The City circulated a draft annotated version of the two By-laws (Comprehensive and Transitional), grouped into categories for consideration and comment by the Appellants. While most have replied to the earlier deadlines, the City asked the Tribunal to order that replies be completed by a fixed date. This was Monday, August 15, 2022. The Tribunal extended the deadline requested earlier in light of the time already passed, and directed the Parties to file the Replies by that date.
7Party status was requested by Toronto Region Conservation Authority (“TRCA”) for Appeals from both By-laws, and by 228 Steeles West Limited. There were no objections, and thus the Tribunal granted both Party status. Morguard Investments Limited’s request for Party status is adjourned until the next CMC, as the City currently objects to its request.
8Some properties have changed ownership. The City has no issue with the successors in title continuing the Appeals, provided they raise no additional issues.
9Respecting Appeals on the list for the By-law Appeals (See Attachment 2, entitled Schedule 2), there are several new owners:
No. 002672 is now owned by 480 Steeles West Limited, which has assumed this Appeal;
No. 002716 has been assumed by new purchaser Sedano Group Corp;
No. 002712, the new owner is 9773 Keele St. Inc.
10The status of a few Appeals will be addressed at the next CMC.
11Reference was made to the statutory requirements to acquire status to appeal, in s. 34(24.1) and 24(2) of the Planning Act (“Act”). A person not qualifying to launch an Appeal can seek to shelter under an existing Appeal, but they must follow Tribunal Rules of Practice and Procedure 8.3 if they meet the Act’s requirements. The three persons seeking status for the CZBL appeals are acceptable to the City, as is the TRCA. For Appeal 002673, 228 Steeles West Limited is sheltering.
12For Appeal 002672, the company name is now the property address – 480 Steeles Avenue West.
13For Appeal 002803, the name is now Concen Developments Limited.
Consolidation of Hearings for Appeals
14The City requested that the Tribunal consolidate the proceedings for both the CZBL and TBL, pursuant to s. 6.1 of its Rules of Practice and Procedure. All Parties who appealed the TBL had also appealed the CZBL. The TBL amends the CZBL, and all counsel are the same. No issue was raised. The Tribunal will order consolidation of the proceedings for both By-laws.
15Mr. Miller requested and the City had no issue with his clients’ Appeals for both the CZBL (No. 002759) and TBL (No. 004771) being joined with its site-specific application for the property at 4101 Rutherford Road. This already has a 15-day hearing scheduled for Monday, September 19, 2022 (OLT file No. 22-001045). The request is granted.
Scoping of issues and mediation
16Responses to the draft By-law will continue with the scoping exercises, as will Tribunal mediation, attempted in more than half of the Appeals.
Settlement of Appeal 002749
17The Tribunal heard the oral evidence and had an affidavit with respect to the settlement reached with respect to the property at 4603 and 4611 Highway 7, owned by 2058258 Ontario Limited. This was Appeal 002749.
18This matter appears to have started in 2013, and has subsequently been the subject of Tribunal Hearings (also by its predecessor Tribunal), involving not only Zoning By-laws (“ZBL”) but also Official Plan Amendments (“OPA”). The Planner for the City of Vaughan, Robert Rappolt, provided an Affidavit in support of the settlement. This states on page. 26:
The approval sought in this motion will correct the site-specific development standards in Zone Exception 1056 of the CZBL and a map erroneously included in the CZBL to accurately reflect the site-specific exception applicable to the 2058258 lands.
The zoning permits a 10 and a 7 storey building including permission for apartment buildings and assisted living facility uses as well as site-specific development standards.
19Mr. Rappolt’s opinions are all contained on pages to 26 to 31of his Affidavit (Tab 2 of the City’s Motion Record). His viva voce evidence supported and reflected the following:
It is my opinion that the proposed amendments have regard to matters of Provincial interest set out in s. 2 of the Planning Act.
It is my opinion that the proposed amendments are consistent with the policies of the PPS. It is my opinion that the proposed amendments conform with policies of the Growth Plan. It is my opinion that the proposed amendments conform with the policies of the Region OP. It is my opinion that the proposed amendments conform to the policies of the VOP 2010. The 2058258 lands are subject to a site specific VOP 2010 modification as approved by the Tribunal in its December 21, 2015 decision with respect to the said lands.
In my opinion and for the foregoing reasons, the CZBL as amended by the proposed amendments represents good planning.
20Based upon the evidence of Mr. Rappolt the Tribunal approves of the amendments for these lands, grants the Motion, and the order will issue in the form set out in Exhibit 5 (Motion for Settlement) – see Attachment 4 (Schedule 4).
ORDER
The Tribunal approves By-law No. 039-2022 of the City of Vaughan, attached hereto as Schedule 3 (Attachment 3). According to subsection 34(31) of the Planning Act, By-law No. 039-2022 is deemed to be in force on the date it was passed, without prejudice to the Appeals from By-law No. 039-2022 listed in Schedule 2 hereto (Attachment 2).
The Tribunal orders consolidation of the proceedings for Appeals from both By-laws, Zoning By-law 001-2021 and Zoning By-law 039-2022.
Appeals Nos. 002759 and 004771 are consolidated with Appeal OLT-21-001045.
Appeal No. 002749 is approved in part, in accordance with Schedule 4 (Attachment 4) hereto.
The deadline for filing comments and replies to the draft By-law is Monday, August 15, 2022.
The date set for a further CMC is Monday, September 26, 2022.
21Parties 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/344779885
Access code: 344-779-885
22Parties 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
23Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 344-779-885.
24Individuals 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.
“G. Burton”
G. BURTON
VICE-CHAIR
“D.S. Colbourne”
D.S. COLBOURNE
VICE-CHAIR
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.
ATTACHMENT 1
(SCHEDULE 1)
Appearances
COUNSEL in attendance at Case Management Conference
P. Morley, C. Tashos, L. English, for P. Patterson.
T. Duncan
D Giulani
I Kagan, S. Kagan
S. Fleming
A. Heisey
E. Barz for C. Barnett
M. Martin for R. Humphries
M. McDermid
M. Helfand, and for L. Longo
B. Ruddick
M. Ng
C. Tanzola and N Ast
P, Duffy and J. Cheng
G. Borean
M. Flynn-Guglietti, A. Forristal
M. Di Vona
J. Alati
R. Miller
K. Sliwa, K. Vergis-Mayo
M. Flowers
D. Bronskill
G. O’Brien
M. Cara
D. Tang
J. White
J. Pappas
B. Horosko
T. Nicoletti
T. Barlow
S. Tomasella for T. Halinski
I. Menzelefski for W. Freidman
ATTACHMENT 2
(SCHEDULE 2)
APPEALS of BOTH BY-LAWS
CITY OF VAUGHAN COMPREHENSIVE ZONING-BYLAW 001-2021
OLT CASE No.: OLT-22-002104
CITY OF VAUGHAN BY-LAW 039-2022
OLT Case No.: OLT-22-003554
APPELLANTS
OLT-22-002104 Appeal #
OLT-22-003554
Appeal # (if any)
Appellant
Address
Representative
002664
Market Lane Holdings Inc.
124, 140 and 166 Woodbridge Avenue
Rosemarie Humphries
Humphries Planning Group Inc.
190 Pippin Road, Suite A
Vaughan, ON L4K 4X9
(905) 264-7678 ext. 244
rhumphries@humphriesplanning.com
002666
ALM Property Management Inc.
7851 Dufferin Street
002749
2058258 Ontario Limited
4603 and 4611 Highway 7
002804
004815
Portside Developments (Kipling) Inc.
7476 Kipling Avenue
002828
004814
Portside Developments (Kleinburg) Inc.
10568 Islington Avenue
002833
Isadan Holdings Limited
221, 231 and 241 Trade Valley
8765 Highway 50
002839
TDC Medical Properties
400 Bradwick Drive
002854
Valley Major Developments Limited
4433, 4455 and 4477 Major Mackenzie Drive
002665
Dino Giuliani (1264564 Ontario Ltd.)
Kleinburg Inn
9770 York Regional Road 27
Dino Giuliani / John Zipay
476 Westridge Drive
Vaughan, ON L0G 1C0
(416) 779-5575
dino@approvedvaluations.com/ jjzipay@hotmail.com
002669
Vaughan NW Residences Inc.
10083 and 10101 Weston Road
Ira T. Kagan
Kagan Shastri LLP
188 Avenue Road
Toronto, ON M5R 2J1
(416) 368-2100, ext. 226 /
(416) 417-3079 (cell)
002668
Betovan Construction Limited
520 Worth Boulevard
002667
Nashville Major Developments Inc.; Nashville Developments (South) Inc.; Nashville Developments Inc.; Nashville (Barons) Developments Inc.; and Nashville 10 Acres Developments Inc.
Various lands in the Nashville Community
002845
Block 41 Landowners Group Inc.
Greenbelt Fingers within Block 41
002670
Anatolia Block 59 Developments Limited
8555, 8811 and 9151 Huntington Road
6560 and 6880 Langstaff Road
Russell D. Cheeseman / Stephanie Fleming
Barrister & Solicitor
277 Lakeshore Road East, Suite 211
Oakville, ON L6J 1H9
(905) 738-8080
rdcheese@aol.com / SFleming@mlawc.com
002674
2708971 Ontario Inc.
9650 Highway 27
002671
Tien de Religion Canada
5859 Rutherford Road
Alan Heisey
Papazian Heisey Myers
Standard Life Centre
510 – 121 King Street West
P.O. Box 105
Toronto, ON M5H 3T9
(416) 601-2702
002672
480 Steeles West Limited
(formerly 1972380 Ontario Limited and 1219414 Ontario Limited)
(Awin West)
434 and 480 Steeles Avenue West
002673
1163919 Ontario Limited; 1888836 Ontario Limited; and
1211612 Ontario Limited
(Awin)
212, 220 and 222 Steeles Avenue West
002676
72 Steeles Holdings Limited; 7040 Yonge Holdings Limited
(Humbold Properties)
72 Steeles Avenue West
7040 and 7054 Yonge Street
Chris Barnett / Evan Barz
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, ON M5X 1B8
(416) 862-6651
CBarnett@osler.com / EBarz@osler.com
002678
Anland Developments Inc.
8955 Weston Road
002677
2466571 Ontario Inc.
31 and 55 Mounsey Street
Meaghan McDermid
Davies Howe LLP
The Tenth Floor
425 Adelaide Street West
Toronto, Ontario M5V 3C1
(416) 977-7088
002753
Eastwood Holdings Corp.
9291 Jane Street
002755
Tesmar Holdings Inc.
9075 and 9085 Jane Street
002679
004785
1042710 Ontario Limited (The Royal Centre)
3300 Highway 7
Matthew Helfand / Andrea Skinner
Aird & Berlis LLP
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 865-7727 mhelfand@airdberlis.com
002680
004810
Pristine Homes (Pine Grove) Inc.
8337, 8341, 8345, 8353 and 8359 Islington Avenue
Quinto Annibale / Brendan Ruddick
Loopstra Nixon
Woodbine Place
600 – 135 Queens Plate Drive
Toronto, ON M9W 6V7
(416) 748-4757
qannibale@loonix.com / bruddick@loonix.com
002681
Hollywood Princess Convention and Banquet Centre Inc.
2800 Highway 7
002682
Mizrahi Constantine (180 SAW) Inc.
180 Steeles Avenue West
002683
785343 Ontario Ltd. and I & M Pandolfo Holdings Inc.
7551 and 7601 Jane Street
002735
004812
Rutherford Land Development Corp.
2901 Rutherford Road and 401 Caldari Road
002736
004811
Royal 7 Developments Ltd.
2920 Highway 7
002832
Cortel Group Inc.
1950, 1970, 2160, 2180 and 2200 Highway 7
137 Bowes Road
11260 and 11424 Jane Street
002846
Lormel Developments Ltd.
11273 Jane Street
002847
004821
2097500 Ontario Limited
Part of Lot 25, Concession 6
002848
004818
Ozner Corporation (South)
Blocks 10 and 272, Registered Plan 65M-3898, Lot 2, Concession 5
002850
004820
West Rutherford Properties Ltd.
3660 Rutherford Road
002851
MCN (Pine Valley) Inc.
12011 Pine Valley Road
002852
Kirbywest Ltd.
Block 41
002687
Margaret Hills
11307 Pine Valley Drive
Steven C. Ferri / Mandy Ng / Alexandra Whyte
Loopstra Nixon
Woodbine Place
600 – 135 Queens Plate Drive
Toronto, ON M9W 6V7
(416) 748-4752
sferri@loonix.com / mng@loonix.com / awhyte@loonix.com
002745
Angela Tomasone
9 and 11 Church Street
002746
A.G.A Holdings Inc.
10150 and 9920 Keele Street
002835
Blair Building Materials Inc.
10431 and 10445 Keele Street
002836
Coco Paving Inc.
10475 Keele Street
002837
CRH Canada Group Inc.
10351 Keele Street
002838
Maple Industrial Landowners Group Inc.
Numerous lands on Keele Street (17 properties)
002689
004801
2735447 Ontario Inc.
177, 185 and 197 Woodbridge Avenue
Christopher Tanzola / Natalie Ast
Overland LLP
1101 – 5255 Yonge Street
Toronto, ON M2N 6P4
416-730-0645
ctanzola@overlandllp.ca / nast@overlandllp.ca
002691
8940 Bathurst Street
8940 Bathurst Street / 0 Knightshade Drive
002700
004794
Wedgewood Columbus Limited
7887 Weston Road
002702
004797
1150 Centre Street GP Inc.
1150 Centre Street
002704
004796
Blue Water Ranch Developments Inc.
Lands located on the south side of Gatineau Drive, east of New Westminster Drive, and north of 784 Centre Street
002705
004793
Highview Building Corp Inc.
89 and 99 Nashville Road
Part of 10515 Highway 27
002706
Di Poce Real Estate Holdings Limited
245 Nashville Road
002709
D’Aversani Holdings Inc.
7960 Kipling Avenue
002711
Marina Shcolyar
8 Campbell Avenue
002712
004799
9773 Keele Street Inc. (previously 9773 Keele Development Inc.)
9773 Keele Street
002713
D’Or Developments Inc.
10-20 Gatineau Drive
002775
Liberata D’Aversa
5317 Highway 7
002776
004798
Lorwood Holdings Inc.; Fleur de Cap Development Inc.; and Cuenca Development Inc.
3180 Teston Road
10980 and 10804 Jane Street
002693
2748355 Canada Inc.
Land holdings in the area south of Highway No. 7, west of Jane Street, north of Highway 407, and east of Highway 400 within the VMC
Patrick Duffy / Jonathan Cheng
Stikeman Elliot LLP
5300-199 Bay Street
Toronto, ON M5L 1B9
(416)-869-5257
pduffy@stikeman.com / jcheng@stikeman.com
002696
RP B3S Holdings Inc.
Land holdings in the area south of Highway No. 7, west of Jane Street, north of Highway 407, and east of Highway 400 within the VMC
002699
Mobilio Developments Ltd.
Land holdings in the area south of Highway No. 7, west of Jane Street, north of Highway 407, and east of Highway 400 within the VMC
002701
RP B3N Holdings Inc.
Land holdings in the area south of Highway No. 7, west of Jane Street, north of Highway 407, and east of Highway 400 within the VMC
002703
Brent Peebles
270 Stegman’s Mill Road
Leo Longo
Aird & Berlis LLP
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 865-7778
002707
004804
Prima Vista Estates Inc.
4333 Teston Road
10699 and 10733 Pine Valley Drive
Gerard C. Borean
Parente, Borean LLP
207 – 3883 Highway 7
Vaughan, ON L4L 6C1
(905) 850-6066
002708
004803
840999 Ontario Limited
10601 Pine Valley Drive
002771
281187 Ontario Limited
8955 Weston Road
002710
004802
Lionston Developments Inc.
Block 59, Registered Plan 65M-3885
East side of Cityview Boulevard north of Retreat Boulevard
Brad Teichman
Overland LLP
1101 – 5255 Yonge Street
Toronto, ON M2N 6P4
(416) 730-0180
002714
Danlauton Holdings Ltd.
10335 Highway 50
Annik Forristal
McMillan LLP
Brookfield Place
4400 – 181 Bay Street
Toronto, ON M5J 2T3
(416) 865-7292
002716
Sedano Group Corp. (previously Sandra Mammone)
8940 Jane Street (including 85, 105 and 125 Bass Pro Mills Drive)
002715
Stellex Properties Inc.; 2268005 Ontario Limited; Guscon Mackenzie GP Inc. and Gusgo Holdings Ltd.
10481 Highway 50
N/A Highway 50 (PIN 03321-0046)
7050 Major Mackenzie Drive
Matthew Di Vona
Di Vona Law Professional Corporation
600 – 77 Bloor Street West
Toronto, ON M5S 1M2
(416) 562-9729
002739
Teston Sands Inc.
1600 Teston Road
002740
Teston Villas Inc.
1136 Teston Road
002742
MM 27 Ltd.
9829 Highway 27
002743
Rizmi Holdings Limited; Lucia Milani and Lucia Milani, in Trust
11333 and 11641 Dufferin Street
11490 Bathurst Street
002744
Dufferin Vistas Ltd.
230 Grand Trunk Avenue
002717
1529749 Ontario Limited
7700 Bathurst Street
Mary Flynn-Guglietti
McMillan LLP
Brookfield Place
4400 – 181 Bay Street
Toronto, ON M5J 2T3
(416) 865-7256
002719
Genazzano Highrises Inc. and Granerola Residences Ltd.
8969 and 9000 Jane Street
27 Korda Gate
002721
Greenpark Homes and Intergreen Development Inc.
(Green Park)
City wide appeal and 25 Interchange Way
002718
004775
2117969 Ontario Inc.
2986 and 2966 Highway 7
John M. Alati/ Andy Margaritis
Davies Howe LLP
The Tenth Floor
425 Adelaide Street West
Toronto, Ontario M5V 3C1
(416) 263-4509
johna@davieshowe.com/ andym@davieshowe.com
002720
004777
2431247 Ontario Limited
7725 Jane Street
002722
004778
Midvale Estates Limited
2938 Highway 7
002734
004776
7800 Jane Street Inc. and Metrus (Terra) Properties
(Aspen Ridge)
7800 Jane Street
002723
Toromont Industries Ltd.
Land holdings in the area south of Highway No. 7, west of Jane Street, north of Highway 407, and east of Highway 400 within the VMC
Andrea Skinner / Matthew Helfand
Aird & Berlis
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 863-1500
askinner@airdberlis.com/ mhelfand@airberlis.com
002748
G Group Major Mackenzie Inc.
3812 Major Mackenzie Drive
002724
004781
Gatehollow Estates Inc.
9681 Islington Avenue
Meaghan McDermid / Andy Margaritis
Davies Howe LLP
The Tenth Floor
425 Adelaide Street West
Toronto, Ontario M5V 3C1
(416) 263-4515
002737
004782
Kentview Estates Inc.
10398 and 10402 Islington Avenue
002738
004786
Zepco Holdings Inc.
3500 King Vaughan Road
Robert Miller / Jamie Cole
Davies Howe LLP
(416) 263-4515
002773
004792
Condor Properties Ltd.
Part of Lots 23 and 24, Concession 7
Part of Lot 25, Concession 7
Part of Lot 8, All of Lots 9 and 10, Registered Plan 65M-1191, and Block 42, Registered Plan 65M-4149
Part of the east half of Lot 28, Concession 5
All of Block 200, Plan 65M-4383
Block 90, 91 and 92, Plan 65M-4266
002757
004765
Lindvest Properties (Pine Valley) Limited; Lindvest Properties (Pine Valley RB) Limited; 1387700 Ontario Limited; and Roybridge Holdings Limited
(ZZEN)
Part of east half of Lot 24 and 25, Concession 7
Part of Lots 23 and 24, Concession 7
Part of Lot 25, Concession 7
Robert Miller / Alex Lusty
Davies Howe LLP
002758
004768
Armland Management Inc.
Numerous lands (47 properties)
002759
004771
Velmar Centre Property Limited
4101 Rutherford Road
002760
004769
Mosaik Pinewest Inc.
Part of Lot 23, Concession 6
11, 15, 23 and 27 Landsdowne Avenue
002763
002763
3911 Teston Road Inc.
3911 Teston Road
002764
004766
Rutherford Heights Inc.
10, 20 and 25 Di Benedetto Lane
110 Simmons Street
002765
004767
ZZEN Group of Companies Ltd.
Numerous lands
002766
004773
York Major Holdings Inc.
Numerous lands
002768
004772
The Q Towers General Partner Inc.
Lands at the southwest corner of Major Mackenzie Drive West and Fossil Hill Road, known as Part of Lot 20, Concession 6
77 to 87 Woodstream Boulevard
002747
Canadian National Railway (CN)
MacMillan Yard
Katarzyna Sliwa / Katryna Vergis-Mayo
Dentons Canada LLP
77 King Street West, Suite 400
Toronto-Dominion Centre
Toronto, ON M5K 0A1
(416) 863-4628 / (416) 863-4562
kat.sliwa@dentons.com / katy.vergismayo@dentons.com
002750
7553 Islington Holding Inc.
7553 Islington Avenue
150 Bruce Street
Matthew Helfand/ Patrick Harrington
Aird & Berlis LLP
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 863-1500 ext. 4624
mhelfand@airdberlis.com/ pharrington@airdberlis.com
002752
004784
My Place On 7 Inc.
4850 Highway 7
79 Arrowhead Drive
Matthew Helfand
Aird & Berlis LLP
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 863-1500 ext. 4624
002797
H & L Tile Inc. and Ledbury Investments Ltd.
9081 Weston Road
Mark Flowers
Davies Howe LLP
The Tenth Floor
425 Adelaide Street West
Toronto, Ontario M5V 3C1
(416) 263-4513
002799
2090396 Ontario Limited
1470 and 1500 Centre Street
002803
Concen Developments Limited (previously 1096818 Ontario Inc.; Jordan Fisch; Ryan Fisch; and Brittany Fisch)
1260, 1272, 1282, 1294, 1304 and 1314 Centre Street
002798
004788
Clubhouse Developments Inc.
(formerly the Board of Trade Golf Course)
20 Lloyd Street
241 Wycliffe Avenue
737 and 757 Clarence Street
Mark Flowers / Samantha Lampert
Davies Howe LLP
(416) 263-4513
markf@davieshowe.com / samanthaL@davieshowe.com
002801
004790
Islamic Shia Ithna-Asheri Jamaat of Toronto
9000 Bathurst Street
002762
SmartCentres
Numerous lands
David Bronskill
Goodmans LLP Bay Adelaide Centre 3400 – 333 Bay Street Toronto, ON M5H 2S7 (416) 597-4299
002783
Bren-Croll Holdings Inc.
11650 and 11700 Keele Street
002770
Laurier Harbour (Keele) Inc.
9560 and 9570 Keele Street
Aaron I. Platt / Grace O’Brien
Davies Howe LLP
The Tenth Floor
425 Adelaide Street West
Toronto, Ontario M5V 3C1
(416) 263-4500
002913
004780
Laurier Harbour (Keele) Inc.
9785 and 9797 Keele Street
002967
004779
Sharewell Investments Inc.
9929 Keele Street
002777
004809
VMC Condos Limited Partnership and Graywood Acquisitions Limited
3201 Highway 7
Daniel Artenosi / Natalie Ast
Overland LLP
1101 – 5255 Yonge Street
Toronto, ON M2N 6P4
(416) 669-4366
dartenosi@overlandllp.ca / nast@overlandllp.ca
002779
004806
Doughton Residences Corp.
216 and 220 Doughton Road
002780
004807
Yonge & Steeles Developments Inc.
7028 Yonge Street
2 Steeles Avenue West
002785
004805
Centra (BT1) Inc.
17 Millwood Parkway
Daniel Artenosi / Michael Cara
Overland LLP
(416) 669-4366
dartenosi@overlandllp.ca / mcara@overlandllp.ca
002787
Royal Group Inc.
(NAPCO-Royal Building Products)
71 and 91 Royal Group Crescent
David Tang / Jesse White
Miller Thomson LLP
Scotia Plaza
5800 – 40 King Street West
Toronto, ON M5H 3S1
(416) 597-6047 / (416) 597-4371
dtang@millerthomson.com / tjwhite@millerthomson.com
002796
Home Depot of Canada Inc.
140 Northview Boulevard
002914
Home Depot of Canada Inc.
55 Cityview Boulevard
002915
Royal Group Inc.
(NAPCO-Royal Pipe & Fittings)
101, 131 and 155 Regalcrest Court
Part Lot 4 and 5, Concession 8 (lands leased from Hydro One Networks Inc.)
002789
Promenade Limited Partnership
(Promenade Shopping Centre)
1 and 180 Promenade Circle
Joe Hoffman
Goodmans LLP Bay Adelaide Centre 3400 – 333 Bay Street Toronto, ON M5H 2S7 (416) 597-4136
002792
Avenue 7 Developments Ltd.
2267 Highway 7
7700 Keele Street
Eileen Costello
Aird & Berlis LLP
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 865-7727
002853
Madison VIVA Bathurst Holdings Limited.
9700 and 9800 Bathurst Street
002794
Jane Teston Holdings Inc.
2975, 2985 and 2993 Teston Road
Patrick Harrington / John Pappas
Aird & Berlis LLP
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 865-3424
002808
2678462 Ontario Ltd. (previously 1834375 Ontario Inc. (Liberty Development Corporation))
1890 Highway 7
Barry A. Horosko
Horosko Planning Law
101 – 300 North Queen Street
Toronto, ON M9C 5K4
(416) 400-1967
bhorosko@horoskoplanninglaw.com
002843
1930328 Ontario Inc. (Liberty Development Corporation)
2871 and 2901 Highway 7
002844
1834371 Ontario Inc. (Liberty Development Corporation)
2951 Highway 7
180 and 190 Maplecrete Road
002824
Amar Transport Inc. and 3942198 Canada Inc.
7290 Major Mackenzie Drive West
Patrick Harrington
Aird & Berlis LLP
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 863-1500
002826
Tony Nicoletti
56 Woodbridge Avenue
15 and 23 Clarence Street
Tony Nicoletti
2939 Kirby Road
Vaughan, ON L6A 1S1
(905) 832-9996
002830
Arbor Memorial Inc.
7541 Highway 50
Thomas Barlow
Fasken Martineau DuMoulin LLP
2400 – 333 Bay Street
Toronto, ON M5H 2T6
(416) 868-3403
002834
004817
Langvalley Holdings and K&K Holdings Limited
2180 Langstaff Road
NW corner of Keele Street and Kirby Road
Nicholas T. Macos
Black Sutherland LLP
130 Adelaide Street, Suite 3425, P.O. Box 34
Toronto, ON M5H 3P5
(416) 361-1500
002841
Development Group (100 SAW) Inc.
100 Steeles Avenue West
Tom Halinski/ Sidonia Tomasella
Aird & Berlis LLP
Brookfield Place
1800 – 181 Bay Street, Box 754
Toronto, ON M5J 2T9
(416) 865-7767
thalinski@airdberlis.com / stomasella@airdberlis.com
002842
7080 Yonge Limited
7080 Yonge Street
William Friedman
Friedman Law Professional Corporation
800 – 150 Ferrand Drive
Toronto, ON M3C 3E5
(416) 496-3340
ATTACHMENT 3
(SCHEDULE 3)
City of Vaughan By-law no. 039-2022
ONTARIO LAND TRIBUNAL
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Armland Management Inc.
Appellant: Blue Water Ranch Developments Inc.
Appellant: Centra (BT1) Inc.; and others
Subject: Zoning By-law No. 039-2022
Description: To replace the transition provisions (Section 1.6) of Comprehensive Zoning By-law No. 001-2021, as adopted by the City of Vaughan Council on October 20, 2021
Municipality: City of Vaughan
OLT Case No.: OLT-22-003554
OLT Lead Case No.: OLT-22-003554
OLT Case Name: Armland Management Inc. v. Vaughan (City)
BEFORE:
) ● the ● day
) of June, 2022
THIS MATTER having come on for a public hearing on June 9 and 10, 2022;
AND THE TRIBUNAL having heard the submissions of counsel for the City of Vaughan (the “City”) and for certain appellants of Zoning By-law No. 039-2022, being a by-law to replace the transition provisions (section 1.6) of the City of Vaughan Comprehensive Zoning By-law 001-2021, passed by the City on March 22, 2022 and attached to this Order as Attachment “A” (“Transition By-law”);
AND THE TRIBUNAL having heard and considered the planning evidence of Robert Rappolt regarding an Order of the Tribunal bringing the Transition By-law into force for all areas of the City to which the Comprehensive Zoning By-law 001-2021 applies save and except for those lands listed in Attachment “B” to this Order, being the lands associated with the 46 appellants of the Transition By-law;
THE TRIBUNAL ORDERS that in accordance with subsection 34(31) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”):
- The Transition By-law set out in Attachment “A” (below) shall be deemed to have come into force on the day the Transition By-law was passed, for all areas of the City to which the Comprehensive Zoning By-law 001-2021 applies save and except for those lands listed in Attachment “B” to this Order; and
THE TRIBUNAL FURTHER ORDERS that:
This Order and the approval of the Transition By-law in accordance with paragraph 1 herein is without prejudice to the disposition of the appeals as listed in Attachment “B” to this Order, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the City will not take the position that the Tribunal ought not to approve site-specific or area-specific amendments to the Transition By-law on the basis that such amendments deviate from or are inconsistent with the Transition By-law as brought into force by this Order. However, this does not affect the City’s right to assert that the Transition By-law, to the extent brought into force by this Order, should be applied to specific sites or areas without amendment on the basis that doing so is consistent with the Planning Act and provincial policies, conforms to provincial and official plans and/or constitutes good planning.
Notwithstanding this Order, the Tribunal retains jurisdiction to consider and approve amendments to the Transition By-law as approved herein, as may be appropriate to dispose of any of the outstanding appeals before the Tribunal.
ATTACHMENT “A” TO Schedule 3 of Decision – Transition By-law
ZONING BY-LAW 039-2022
THE CITY OF VAUGHAN
BY-LAW
BY-LAW NUMBER 039-2022
A By-law to amend City of Vaughan By-law 001-2021.
WHEREAS the matters herein set out are in conformity with the Official Plan of the
Vaughan Planning Area, which is approved and in force at this time;
AND WHEREAS there has been no amendment to the Vaughan Official Plan adopted by
Council but not approved at this time, with which the matters herein set out are not in
conformity;
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS
FOLLOWS:
That the transition provisions (Section 1.6) of Zoning By-law 001-2021 set out in Schedule A attached hereto are adopted.
That this By-law does not come into effect until a by-law is adopted repealing the transition provisions (Section 1.6) of Zoning By-law 001-2021, as adopted by Vaughan Council on October 20, 2021, in their entirety.
That Schedule A attached to this By-law forms part of this By-law.
Enacted by City of Vaughan Council this 22^nd^ day of March, 2022.
Hon. Maurizio Bevilacqua, Mayor
Todd Coles, City Clerk
Authorized by Item No. 1 of Report No. 9
of the Committee of the Whole
Adopted by Vaughan City Council on
March 22, 2022.
Schedule A
To By-law 039-2022
1.6 Transition
For the purposes of determining zoning compliance for matters covered by Section 1.6 of this By-law, the provisions of Zoning By-law 1-88, as amended, shall apply.
1.6.1 Building Permit Applications
Nothing in this By-law shall prevent the erection or use of a building or structure for which an application for a building permit has been filed on or prior to October 20, 2021.
Nothing in this By-law shall prevent the erection or use of a building or structure for which an application for a building permit has been filed after October 20, 2021, where:
(a) Planning Act approvals have been obtained in accordance with Subsection 1.6.2; or
(b) Planning Act applications are in process in accordance with Subsection 1.6.2 1.6.2 Planning Act Approvals
The requirements of this By-law do not apply to a lot where a minor variance to Zoning By-law 1-88, as amended, was authorized by the Committee of Adjustment of the City or the Ontario Municipal Board, the Local Planning Appeal Tribunal or the Ontario Land Tribunal (collectively, the "Tribunal") and finally approved on or after January 1, 2010 and on or before October 20, 2021 and a building permit for the applicable project has not yet been issued.
The requirements of this By-law do not apply to a lot where a provisional consent has been given by the Committee of Adjustment of the City or the Tribunal on or after January 1, 2010 and on or before October 20, 2021 and a building permit for the applicable project has not yet been issued, the lot has not yet been registered at the Land Registry Office, or the applicable easement or agreement has not yet been registered on title.
The requirements of this By-law do not apply to a lot where a conditional or final site plan approval has been granted by the City or the Tribunal on or after January 1, 2010 and on or before October 20, 2021 and a building permit for the applicable project has not yet been issued.
Where a minor variance to Zoning By-law 1-88, as amended, was authorized by the Committee of Adjustment of the City or the Tribunal on or after January 1, 2010 and on or before October 20, 2021 as a requisite condition for a site plan approval, Section 1.6.2.3 shall apply to give effect to the applicable site plan approval.
Where this By-law is amended after the date of final approval of a site plan or minor variance, the regulations in effect on the date of final approval of the site plan or minor variance shall apply to building permit applications for the applicable project for which such final approvals were granted.
The requirements of this By-law do not apply to a lot where an amendment to Zoning By-law 1-88 was finally approved and in effect on or after January 1, 2010, and such amendment has not been included in Section 14 herein.
The requirements of this By-law do not apply to prevent the removal of a holding symbol ("H") from an amendment to Zoning By-law 1-88 that was finally approved and in effect on or after January 1, 2010.
(1) The requirements of this By-law do not apply to prevent the approval of the following applications filed after October 20, 2021 if such application(s) are complete and, save under (f), comply with an amendment to Zoning By-law 1-88 that was finally approved and in effect on or after January 1, 2010 and on or before October 20, 2021, or that has been approved in principle by the Tribunal after January 1, 2010 where the final order has been withheld, and comply with all requirements of the Planning Act:
(a) site plan drawings and conditions;
(b) a consent to sever;
(c) an approval of draft plan of subdivision;
(d) a plan of condominium approval;
(e) a part-lot control exemption approval pursuant to Section 50 of the Planning Act; or
(f) a minor variance required as a condition or consequence of one of (a) to (e) above, or identified as required upon review of a building permit application.
(2) Nothing in this By-law shall prevent the erection or use of a building or structure on a lot where the applicable applications under Section 1.6.2.8(1) have been finally approved and the building permit application complies with the provisions of Zoning By-law 1-88, as amended and all final approved minor variances.
(3) Upon completion of the project for which approvals and permits have been obtained pursuant to Sections 1.6.2.8(1) and 1.6.2.8(2), this exemption under Section 1.6.2.8 shall cease to apply.
1.6.3 Planning Applications in Process 1.6.3.1 Minor Variance Applications
- Nothing in this By-law shall prevent the erection or use of a building or structure, in the circumstances set out in Section 1.6.3.1.1(a) and (b), for which:
(a) a complete application for a minor variance under Section 45 of the Planning Act was filed on or before October 20, 2021; or
(b) a complete application for minor variance under Section 45 of the Planning Act was filed after October 20, 2021 based on a building permit application referred to in Section 1.6.1.1.
- Where a project qualifies under Section 1.6.3.1.1:
(a) the minor variance may be granted in compliance with Section 45 of the Planning Act in the context of Zoning By-law 1-88, as amended, as it read on October 20, 2021; and
(b) a building permit for that project may be issued after final approval is received for the minor variance if the project in question and the building permit application complies with the provisions of Zoning By-law 1-88, as amended, as it read on October 20, 2021, and all final approved minor variances.
1.6.3.2 Site Plan Approval Applications
Nothing in this By-law shall prevent the erection or use of a building or structure for a project for which a complete application for site plan approval was filed on or before October 20, 2021, if the project in question complies with the provisions of Zoning By-law 1-88, as amended, as it read on October 20, 2021.
Where a project qualifies under Section 1.6.3.2.1:
(a) The Conditions of final site plan approval may be granted if the project complies with the provisions of Zoning By-law 1-88, as amended, as it read on October 20, 2021, and all requirements of the Planning Act; and
(b) after the conditions of site plan approval or final site plan approval is received for a project that qualifies under Section 1.6.3.2.1, a building permit for that project may be issued if the project in question and the building permit application for the project complies with the provisions of Zoning By-law 1-88, as amended, as it read on October 20, 2021, the site plan approval, and all approved minor variances.
1.6.3.3 Other Approvals
The requirements of this By-law do not apply to prevent the approval of an application to amend Zoning By-law 1-88 as amended if the application was filed and deemed complete in accordance with the City of Vaughan Official Plan, 2010 on or before October 20, 2021, and complies with all requirements of the Planning Act.
The requirements of this By-law do not apply to prevent the approval of the following applications if such application(s), save under (f), are complete and comply with an amendment to Zoning By-law 1-88 that was finally approved and in effect in accordance with Section 1.6.3.3.1, and comply with all requirements of the Planning Act:
(a) site plan drawings and conditions;
(b) a consent to sever;
(c) an approval of draft plan of subdivision;
(d) a plan of condominium approval;
(e) a part-lot control exemption approval pursuant to Section 50 of the Planning Act; or
(f) a minor variance required as a condition or consequence of one of (a) to (e) above, or identified as required upon review of a building permit application.
Nothing in this By-law shall prevent the erection or use of a building or structure on a lot where the applicable applications under Sections 1.6.3.3.1 and 1.6.3.3.2 have been finally approved and are in effect and the building permit application complies with the provisions of Zoning By-law 1-88, as amended and all final approved minor variances.
Upon completion of the project for which approvals and permits have been obtained pursuant to Sections 1.6.3.3.1 to 1.6.3.3.3, this exemption shall cease to apply.
The requirements of this By-law do not apply to prevent the approval of the following applications where the application was filed and deemed complete in accordance with the City of Vaughan Official Plan, 2010 on or before October 20, 2021:
(a) a consent to sever;
(b) an approval of draft plan of subdivision;
(c) a plan of condominium approval; or
(d) a part-lot control exemption approval pursuant to Section 50 of the
(e) Planning Act.
- Where a project qualifies under Section 1.6.3.3.5:
(a) the consent to sever, the approval of the draft plan of subdivision, the plan of condominium approval and the part-lot control exemption approval may be granted if the project complies with the provisions of Zoning By-law 1-88, as amended, as it read on October 20, 2021 and all requirements of the Planning Act; and
(b) a building permit for that project may be issued after final approval is received for the consent to sever, the approval of the draft plan of subdivision, the plan of condominium approval and the part-lot control exemption approval, based on an application for a building permit filed after October 20, 2021, if the project in question and the building permit application complies with the provisions of Zoning By-law 1-88, as amended, as it read on October 20, 2021, and all final approved minor variances.
- The requirements of this By-law do not apply to a lot where the Tribunal has, on or after January 1, 2010, granted approval in principle for a zoning by-law amendment or minor variance to Zoning By- law 1-88, as amended, a provisional consent, or conditional or final site plan approval, but has decided that the final order shall be withheld until such time as the performance of certain terms imposed by the Tribunal have been satisfied.
1.6.4 Duration of Transition Provisions
Nothing in this By-law applies so as to continue the application of Sections 1.6.1 to 1.6.3 beyond the issuance of the building permit or permits upon which the exemptions are founded.
Notwithstanding Section 1.6.4.1 above, the provisions of Section 1.6 shall be repealed ten (10) years after October 20, 2021. This provision shall not require an amendment to this By-law to take effect.
ATTACHMENT “B” to Schedule 3 of Decision
APPELLANTS OF BY-LAW 039-2022
AND LANDS ASSOCIATED WITH APPEALS
OLT-22-003554
Appeal #
Related OLT-22-002104 Appeal #
Appellant
Address
004765
002757
Lindvest Properties (Pine Valley) Limited; Lindvest Properties (Pine Valley RB) Limited; 1387700 Ontario Limited; and Roybridge Holdings Limited
(ZZEN)
Part of east half of Lot 24 and 25, Concession 7
Part of Lots 23 and 24, Concession 7
Part of Lot 25, Concession 7
004766
002764
Rutherford Heights Inc.
10, 20 and 25 Di Benedetto Lane
110 Simmons Street
004767
002765
ZZEN Group of Companies Ltd.
Properties as listed in Schedule B1 attached
004768
002758
Armland Management Inc.
Properties as listed in Schedule B2 attached
004769
002760
Mosaik Pinewest Inc.
Part of Lot 23, Concession 6
11, 15, 23 and 27 Landsdowne Avenue
004770
002763
3911 Teston Road Inc.
3911 Teston Road
004771
002759
Velmar Centre Property Limited
4101 Rutherford Road
004772
002768
The Q Towers General Partner Inc.
Lands at the southwest corner of Major Mackenzie Drive West and Fossil Hill Road, known as Part of Lot 20, Concession 6
77 to 87 Woodstream Boulevard
004773
002766
York Major Holdings Inc.
Properties as listed in Schedule B3 attached
004786
002738
Zepco Holdings Inc.
3500 King Vaughan Road
004792
002773
Condor Properties Ltd.
Part of Lots 23 and 24, Concession 7
Part of Lot 25, Concession 7
Part of Lot 8, All of Lots 9 and 10, Registered Plan 65M-1191, and Block 42, Registered Plan 65M-4149
Part of the east half of Lot 28, Concession 5
All of Block 200, Plan 65M-4383
Block 90, 91 and 92, Plan 65M-4266
004775
002718
2117969 Ontario Inc.
2986 and 2966 Highway 7
004776
002734
7800 Jane Street Inc. and Metrus (Terra) Properties
(Aspen Ridge)
7800 Jane Street
004777
002720
2431247 Ontario Limited
7725 Jane Street
004778
002722
Midvale Estates Limited
2938 Highway 7
004779
002967
Sharewell Investments Inc.
9929 Keele Street
004780
002913
Laurier Harbour (Keele) Inc.
9785 and 9797 Keele Street
004781
002724
Gatehollow Estates Inc.
9681 Islington Avenue
004782
002737
Kentview Estates Inc.
10398 and 10402 Islington Avenue
004788
002798
Clubhouse Developments Inc.
(formerly the Board of Trade Golf Course)
20 Lloyd Street
241 Wycliffe Avenue
737 and 757 Clarence Street
004790
002801
Islamic Shia Ithna-Asheri Jamaat of Toronto
9000 Bathurst Street
004784
002752
My Place On 7 Inc.
4850 Highway 7
79 Arrowhead Drive
004785
002679
1042710 Ontario Limited
3300 Highway 7
004793
002705
Highview Building Corp Inc.
89 and 99 Nashville Road
Part of 10515 Highway 27
004794
002700
Wedgewood Columbus Limited
7887 Weston Road
004796
002704
Blue Water Ranch Developments Inc.
Lands located on the south side of Gatineau Drive, east of New Westminster Drive, and north of 784 Centre Street
004797
002702
1150 Centre Street GP Inc.
1150 Centre Street
004798
002776
Lorwood Holdings Inc.; Fleur de Cap Development Inc.; and Cuenca Development Inc.
3180 Teston Road
10980 and 10804 Jane Street
004799
002712
9773 Keele Development Inc.
9773 Keele Street
004801
002689
2735447 Ontario Inc.
177, 185 and 197 Woodbridge Avenue
004802
002710
Lionston Developments Inc.
Block 59, Registered Plan 65M-3885
East side of Cityview Boulevard north of Retreat Boulevard
004805
002785
Centra (BT1) Inc.
17 Millwood Parkway
004806
002779
Doughton Residences Corp.
216 and 220 Doughton Road
004807
002780
Yonge & Steeles Developments Inc.
7028 Yonge Street
2 Steeles Avenue West
004809
002777
Graywood Acquisitions Limited
3201 Highway 7
004803
002708
840999 Ontario Limited
10601 Pine Valley Drive
004804
002707
Prima Vista Estates Inc.
4333 Teston Road
10699 and 10733 Pine Valley Drive
004810
002680
Pristine Homes (Pine Grove) Inc.
8337, 8341, 8345, 8353 and 8359 Islington Avenue
004811
002736
Royal 7 Developments Ltd.
2920 Highway 7
004812
002735
Rutherford Land Development Corp.
2901 Rutherford Road and 401 Caldari Road
004818
002848
Ozner Corporation (South)
Blocks 10 and 272, Registered Plan 65M-3898, Lot 2, Concession 5
004820
002850
West Rutherford Properties Ltd.
3660 Rutherford Road
004821
002847
2097500 Ontario Limited
Part of Lot 25, Concession 6
004814
002828
Portside Developments (Kleinburg) Inc.
10568 Islington Avenue
004815
002804
Portside Developments (Kipling) Inc.
7476 Kipling Avenue
004817
002834
Langvalley Holdings and K&K Holdings Limited
2180 Langstaff Road
NW corner of Keele Street and Kirby Road
ATTACHMENT “B1” (to By-law 039-2022)
In the vicinity of Weston Road and Ashberry Boulevard, being described as Block 181, Plan 65M-3391 and also known as Lot 18, Concession 5
In the vicinity of Major Mackenzie Drive and Highway 400, being described as Block 223, Draft Approved Plan 19T-97V37 or also known as Part of Lot 20, Concession 5.
In the vicinity of Zenway Boulevard and Highway 27 being described as Lot 7, Concession 9.
Lands west of Highway 27 on the south side of Milani Boulevard, being Part of Block 41 and Blocks 2, 3 and 4 on Registered Plan 65M-3627, in Lot 8, Concession 9.
6100 - 6260 Highway 7 and 7990 Highway 27.
7551 Huntington Road and 6701 Highway 7.
6535 Langstaff Road.
8631 Highway 50.
250 - 251 New Enterprise Way.
ATTACHMENT “B2” (to By-law 039-2022)
· 11421 & 11455 Weston Road
· 3620 Kirby Road
· 11950 Jane Street
· 12110 Jane Street
· 3210 Kirby Rd
· 3270 Kirby Rd. and
Parts 1 and 2 Plan 65R-27753
· Part of Lot 31, Concession 5
· 11600 Jane Street
· 4100 Teston Road
· 11660 Weston Road
· 3920 King-Vaughan Road
· 2400 Teston Road
· 2615 Kirby Road
· 120 Spinnaker Way
· 9222 Keele St
· 4160 Steeles Avenue
· 1 & 11 Sonoma Blvd
· 3420, 3450, 3500, 3520, 3560
Major MacKenzie
· 8300 Jane Street
· 8400 Jane Street
· 8700 Dufferin Street
· 101 Bradwick Drive
· 3680 & 3650 Langstaff Road
· 3255 Rutherford Road
· 525, 533, 541, 551 Cityview Blvd.
· 9200 Weston Road
· 5100 Rutherford
· 505 Cityview Blvd.
· 240 Milani Blvd. (Block 6, 65M- 4385) and Block 1 Plan 65M-4386
· 3231 Langstaff Road
· 1867 Major Mackenzie Drive
· 177 Whitmore Road
· 630 Aberdeen Avenue
· 9401 Jane Street
· 9929 Keele Street
· 9070 Jane Street
· 3191 Rutherford Road
ATTACHMENT “B3” (to By-law 039-2022)
· 10500 Dufferin Street
· 10000 Dufferin Street
· 1500, 1520, 1530 and 1540 Major Mackenzie Drive
· 1840, 1850, 1860 and 1900 Major Mackenzie Drive
· 150, 170, 190, 200 McNaughton Road East
· 191 McNaughton Road East
· 211 McNaughton Road East
· 225 McNaughton Road East
· 245 McNaughton Road East
· 99, 100, 110, 111 and 120 Eagle Rock Way
· 200, 211, 220, 250, 251, 270, 271, 290, 291, 310, 311, 330, 331, 370, 401, 420, 421, 471, 480, 520, 521 Rodinea Road
Order on Settlement
Appeal No. OLT-22-002749
Attachment 4
(Schedule 4)
ONTARIO LAND TRIBUNAL
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: L. D’Aversa
Appellant: A.G.A. Holdings Inc.
Appellant: ALM Property Management Inc.; and others
Subject: Comprehensive Zoning By-law No. 001-2021
Description: Comprehensive Zoning By-law for all lands in the City of Vaughan
Municipality: City of Vaughan
OLT Case No.: OLT-22-002104
OLT Lead Case No.: OLT-22-002104
OLT Case Name: D’Aversa v. Vaughan (City)
BEFORE:
) ● the ● day
) of June, 2022
THESE MATTERS having come on for a public hearing on June 9-10, 2022;
AND THE TRIBUNAL having before it a motion to fully dispose of the appeal of the City of Vaughan Comprehensive Zoning By-law 001-2021 passed by the City of Vaughan (the “City”) on October 20, 2021 (“CZBL”) filed by 2058258 Ontario Limited (bearing OLT Appeal No. 002749 in these proceedings);
AND THE TRIBUNAL having heard the submissions of counsel of for the City and for 2058258 Ontario Limited, and certain other parties, and having considered the planning evidence of Robert Rappolt regarding proposed amendments to the CZBL as set out in Schedule “A” hereto, pertaining to the lands municipally known as 4603 & 4611 Highway 7, City of Vaughan, Ontario;
THE TRIBUNAL ORDERS that in accordance with 34(26) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”):
i. The appeal by 2058258 Ontario Limited of the CZBL is allowed, in part.
ii. The CZBL is hereby amended by deleting Section 14.1056 as adopted on October 20, 2021, and replacing it with a new Section 14.1056 in the form attached to this Order as Schedule “A”, and such amendment is hereby approved.
THE TRIBUNAL FURTHER ORDERS that:
iii. 2058258 Ontario Limited’s appeal is resolved in full, and the balance of the appeal is hereby dismissed.
iv. This Order and the approval of portions of the CZBL as attached hereto in Schedule “A” is without prejudice to the disposition of any other appeal of the CZBL and any unapproved portions of the CZBL, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the City will not take the position that the Tribunal ought not to approve amendments to the CZBL on the basis that such amendments deviate from or are inconsistent with the amendment attached hereto as Schedule “A” as brought into force by this Order. However, this does not affect the City’s right to assert that the CZBL as amended by Schedule “A” hereto, to the extent brought into force by this Order, should be applied to specific sites or areas without amendment on the basis that doing so is consistent with the Planning Act and provincial policies, conforms to provincial and official plans and/or constitutes good planning.
v. Notwithstanding this Order, the Tribunal retains jurisdiction to consider and approve amendments to the CZBL as amended herein, as may be appropriate to dispose of any of the outstanding appeals before the Tribunal.
SCHEDULE “A” (re Appeal OLT-22-002749)
Exception Number 1056
Municipal Address: 4603-4611 Highway 7
Applicable Parent Zone: RM2, EP
Schedule A Reference: 27, 47
By-law 157-2016
14.1056.1 Permitted Uses
- An accessory theatre shall be permitted as an additional use, on lands labelled as “Subject Lands”, as shown on Figure E-1561.
14.1056.2 Lot and Building Requirements
- The following lot and building requirements shall apply to the lands labelled as “Subject Lands”, as shown on Figure E-1561:
a. The minimum setbacks to the front, rear and side lot lines to the nearest part of a building below grade shall be 0.0 m.
b. The minimum lot area per unit shall be 32.0 m^2^.
c. The minimum front yard setback shall be 4.5 m.
d. The minimum setback to a sight triangle shall be 0.6 m.
e. The minimum interior side yard setback for Building A shall be 4.5 m.
f. The minimum interior side yard setback for Building B shall be 2.5 m.
g. The minimum amenity area shall be 3,015.0 m.
h. The following minimum landscape strip requirements shall apply:
i. 1.2 m along Sydel Crescent; and,
i. 3.9 m along Regional Road 7.
14.1056.3 Parking
- The following parking provisions shall apply to the lands labelled as “Subject Lands” as shown on Figure E-1561:
a. The minimum parking space size shall be 2.7 m by 5.7 m.
b. The minimum parking space requirement for the Supportive Living Facility shall be 0.2 parking spaces per unit.
c. The minimum visitor parking space requirement for the Supportive Living Facility shall be 0.175 parking spaces per unit.
d. The minimum visitor parking space requirement for the Apartment Dwelling shall be 0.175 spaces per unit.
e. The minimum aisle width required at ground floor level shall be 5.4 m;
f. An access permitting two directions of traffic shall have a minimum width of 7.5 m, and a maximum width of 7.7 m.
g. A minimum of 52 long term bicycle parking spaces shall be provided.
h. A minimum of 12 short term bicycle parking spaces shall be provided.
14.1056.4 Other Provisions
- For the purpose of this exception, the following definitions shall apply to the lands labelled as “Subject Land”, as shown on Figure E-1561:
a. The subject lands shall be deemed to be one lot, with a common element private condominium road, regardless of the number of buildings or structures constructed on the lot, the creation of any new lot or separate units by plan of condominium, part lot control, consent or any other permissions, and any encroachments, easements or restriction shall be deemed to comply with the provisions of this by-law;
b. Supportive living facility shall mean a building or part of a building containing four (4) or more sleeping units with a shared common kitchen and eating area, used for the accommodation of persons requiring assisted living to support the health, safety and well-being of its residents.
c. Mechanical storey shall mean the portion of the building used for non-habitable floor space that is predominantly used for mechanical room purposes on the top floor, which lies between the surface of the floor and the surface next above it, provided its height is not less than 2.3 m. The mechanical storey may include secondary uses including storage rooms, amenity gymnasium accessory to the building, party rooms, washrooms and access to a green roof. The mechanical storey shall not be considered a storey as defined by the Zoning By-law and shall be excluded from the building height measurement.
- Loading and unloading shall be permitted between a building and Sydel Crescent, on lands labelled as “Subject Lands”, as shown on Figure E-1561.