Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 12, 2022
CASE NO(S).:
OLT-21-001787
(Formerly PL111184)
OLT-22-002335
(Formerly PL200260)
OLT-22-002358
(Formerly PL200473)
OLT-22-002340
(Formerly PL210178)
OLT-22-002164
(Formerly PL210333)
OLT-21-001218
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
OLT Case No.:
OLT-21-001787
Legacy Case No.:
PL111184
OLT Lead Case No.:
OLT-21-001787
Legacy Lead Case No.:
PL111184
OLT Case Name:
Duca v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Yonge & Steeles Development Inc.
Subject:
Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment
Existing Designation:
General Commercial Area
Proposed Designated:
General Commercial Area – Site Specific
Purpose:
To permit the existing commercial uses to continue and permits retail stores, restaurants, banks and business and professional offices, retail and hotel uses
Property Address/Description:
7028 Yonge Street & 2 Steeles Avenue West
Municipality:
City of Vaughan
Approval Authority File No.:
OP.18.016
OLT Case No.:
OLT-22-002335
Legacy Case No.:
PL200260
OLT Lead Case No.:
OLT-22-002335
Legacy Lead Case No.:
PL200260
OLT Case Name:
Yonge & Steeles Development 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:
Yonge & Steeles Development Inc.
Subject:
Application to amend Zoning By-law No. 1-88 - Refusal or neglect of City of Vaughan to make a decision
Existing Zoning:
C1 Restricted Commercial Zone subject to site-specific Exceptions 9(865) and 9(331)
Proposed Zoning:
RA3 Residential Apartment Zone and to permit site-specific zoning exceptions
Purpose:
To permit the existing commercial uses to continue and permits retail stores, restaurants, banks and business and professional offices, retail and hotel uses
Property Address/Description:
7028 Yonge Street & 2 Steeles Avenue West
Municipality:
City of Vaughan
Municipality File No.:
Z.18.028
OLT Case No.:
OLT-22-002338
Legacy Case No.:
PL200261
OLT Lead Case No.:
OLT-22-002335
Legacy Lead Case No.:
PL200260
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Development Group (100 SAW) Inc.
Subject:
Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment
Existing Designation:
“General Commercial” and “Low Density Residential” in accordance with Official Plan Amendment No. 210 (OPA 210), the Thornhill-Vaughan Community Plan
Proposed Designated:
“Mixed Commercial and Residential”
Purpose:
To permit the redevelopment of the subject lands with a mixed-use development containing residential and commercial uses
Property Address/Description:
100 Steeles Avenue West
Municipality:
City of Vaughan
Approval Authority File No.:
OP.20.001
OLT Case No.:
OLT-22-002358
Legacy Case No.:
PL200473
OLT Lead Case No.:
OLT-22-002358
Legacy Lead Case No.:
PL200473
OLT Case Name:
Development Group (100 SAW) 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:
Development Group (100 SAW) 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:
“C2 General Commercial Zone”; subject to Exception 9(731)
Proposed Zoning:
“RA3 Apartment Residential Zone”; subject to Exception 9(xxx)
Purpose:
To permit the redevelopment of the subject lands with a mixed-use development containing residential and commercial uses
Property Address/Description:
100 Steeles Avenue West
Municipality:
City of Vaughan
Municipality File No.:
Z.20.004
OLT Case No.:
OLT-22-002359
Legacy Case No.:
PL200474
OLT Lead Case No.:
OLT-22-002358
Legacy Lead Case No.:
PL200473
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Development Group (100 SAW) Inc.
Subject:
Proposed Plan of Subdivision - Failure of the City of Vaughan to make a decision
Purpose:
To permit the redevelopment of the subject lands with a mixed-use development containing residential and commercial uses
Property Address/Description:
100 Steeles Avenue West
Municipality:
City of Vaughan
Municipality File No.:
19T-20V001
OLT Case No.:
OLT-22-002360
Legacy Case No.:
PL200475
OLT Lead Case No.:
OLT-22-002358
Legacy Lead Case No.:
PL200473
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Mizrahi Constantine (180 SAW) Inc. et. al.
Subject:
Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment
Existing Designation:
General Commercial Area and Low Density Residential
Proposed Designated:
Mixed Commercial/Residential Area
Purpose:
To permit 6, mixed-use residential apartment buildings
Property Address/Description:
180 Steeles Avenue West
Municipality:
City of Vaughan
Approval Authority File No.:
OP.20.002
OLT Case No.:
OLT-22-002340
Legacy Case No.:
PL210178
OLT Lead Case No.:
OLT-22-002340
Legacy Lead Case No.:
PL210178
OLT Case Name:
Mizrahi Constantine (180 SAW) 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:
Mizrahi Constantine (180 SAW) Inc. Et Al
Subject:
Application to amend Zoning By-law No. 1-88 - Refusal or neglect of the City of Vaughan to make a decision
Existing Zoning:
C4 Neighbourhood Commercial Zone
Proposed Zoning:
RA3 Apartment Residential Zone
Purpose:
To permit 6, mixed-use residential apartment buildings
Property Address/Description:
180 Steeles Avenue West
Municipality:
City of Vaughan
Municipality File No.:
Z.20.005
OLT Case No.:
OLT-22-002341
Legacy Case No.:
PL210180
OLT Lead Case No.:
OLT-22-002340
Legacy Lead Case No.:
PL210178
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Eastwood Holdings Corp.
Subject:
Request to amend the Official Plan – Failure of City of Vaughan to adopt the requested amendment
Existing Designation:
High Density Residential/Commercial
Proposed Designated:
High Rise Residential
Purpose:
To permit two residential towers
Property Address/Description:
9291 Jane Street
Municipality:
City of Vaughan
Approval Authority File No.:
OP.20.017
OLT Case No.:
OLT-22-002164
Legacy Case No.:
PL210333
OLT Lead Case No.:
OLT-22-002164
Legacy Lead Case No.:
PL210333
OLT Case Name:
Eastwood Holdings Corp. 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:
Eastwood Holdings Corp.
Subject:
Application to amend the Zoning By-law No. 1-88 – Refusal or neglect of City of Vaughan to make a decision
Existing Zoning:
Restricted Commercial” with a holding provision C1(H)
Proposed Zoning:
Residential Apartment Zone 3” (RA3)
Purpose:
To permit two residential towers
Property Address/Description:
9291 Jane Street
Municipality:
City of Vaughan
Municipality File No.:
Z.20.044
OLT Case No.:
OLT-22-002166
Legacy Case No.:
PL210334
OLT Lead Case No.:
OLT-22-002164
Legacy Lead Case No.:
PL210333
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
72 Steeles Holdings Limited and 7040 Yonge Holdings Limited
Subject:
Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment
Existing Designation:
General Commercial
Proposed Designated:
Mixed Use – Residential and Commercial
Purpose:
To permit the development of high density, mixed-use development
Property Address/Description:
72 Steeles Avenue West and 7040/7054 Yonge Street
Municipality:
City of Vaughan
Approval Authority File No.:
OP.20.014
OLT Case No.:
OLT-21-001218
OLT File No.:
OLT-21-001218
OLT Case Name:
72 Steeles Holdings Limited and 7040 Yonge Holdings Limited 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:
72 Steeles Holdings Limited and 7040 Yonge Holdings Limited
Subject:
Application to amend Zoning By-law No. 1-88 - Refusal or neglect of the City of Vaughan to make a decision
Existing Zoning:
C1 Restricted Commercial Zone
Proposed Zoning:
RA3 Apartment Residential Zone with site specific exceptions
Purpose:
To permit the development of high density, mixed-use development
Property Address/Description:
72 Steeles Avenue West and 7040/7054 Yonge Street
Municipality:
City of Vaughan
Municipality File No.:
Z.20.038
OLT Case No.:
OLT-21-001218
OLT File No.:
OLT-21-001219
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
72 Steeles Holdings Limited and 7040 Yonge Holdings Limited
Subject:
Proposed Plan of Subdivision - Failure of the City of Vaughan to make a decision
Purpose:
To permit the development of high density, mixed-use development
Property Address/Description:
72 Steeles Avenue West and 7040/7054 Yonge Street
Municipality:
City of Vaughan
Municipality File No.:
19T-20V007
OLT Case No.:
OLT-21-001218
OLT File No.:
OLT-21-001220
Heard:
August 8 to 11, 16 and 22, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Regional Municipality of York
S. D’Agostino
(“Region)
B. Ogunmefun
City of Vaughan
B. Engell
(“City”/“Vaughan”)
E. Lidakis
City of Toronto (“Toronto”)
A Ward
R. Kallio
City of Markham (“Markham”)
A Biggart
Yonge-Steeles Landowners Group Inc.
I. Kagan S. Kagan K. Stitt J. Park
Yonge-Steeles Developments
D. Artenosi
Inc.
N. Ast
Auto Complex Ltd.
S. Rosenthal
S. Lampert
Development Group
T. Halinski
(100 SAW) Inc.
S. Tomasella
1306497 Ontario Inc.
J. Farber
398 Steeles Avenue West Inc.,
M. Flynn-Guglietti
Associated Vaughan Properties
Limited, and 390 Steeles Avenue West Holdings Inc.
7080 Yonge Limited
I. Andres
Mizrahi Constantine (180 SAW)
Q. Annibale
Inc.
B. Ruddick
A Whyte
Fairfax Financial Holdings
I. Andres
Ltd.
1163919 Ontario Limited
A. Heisey
1930238 Ontario Limited
1888836 Ontario Limited
1211612 Ontario Limited
228 Steeles West Limited
480 Steeles West Limited
Roman Catholic Episcopal
D. Tang
Corporation for the Diocese
J. White
of Toronto
Morguard Investments Limited
J. Shapira
D. Wood
72 Steeles Holdings Limited
C. Barnett
7040 Yonge Holdings Limited
DECISION DELIVERED BY S. TOuSAW AND ORDER OF THE TRIBUNAL
Introduction
1After years of extensive study and lengthy exchanges among the Parties, settlement is now largely achieved for the numerous appeals to the Yonge Steeles Corridor Secondary Plan (“YSCSP”).
2This Decision modifies and approves the remaining portions of the YSCSP that have not been approved to date, such that the full YSCSP, as modified, will be in effect, except for two narrow policy areas requiring further deliberation among the Parties.
3The appeals to site-specific applications for Zoning By-law Amendments and Plans of Subdivision, being heard with the YSCSP, remain open to enable the Parties to revise and review development plans in conformity with the now modified YSCSP.
4At the outset of the hearing, Participant status was granted, without objection, to two requestors – SpringFarm Ratepayers Association and Victor Manoharan – each of whom filed Participant statements. A request for Party status by The Thornhill Club was withdrawn given its resolution of issues with the City.
Geography
5The YSCSP applies to lands in the southeast corner of Vaughan that front onto either Yonge Street (“Yonge”) or Steeles Avenue West (“Steeles”). The area faces Markham to the east and Toronto to the south.
6The YSCSP addresses a “north” area along Yonge to the north of the Thornhill Country Club, and a “south” L-shaped area to the south of Gallanough Park, down Yonge and west along Steeles. These appeals focus on the south area, resulting in substantial policy revisions focussed on the area south of the CN Railway (“railway”), comprising over 0.5 kilometres (“km”) along Yonge and over 1 km along Steeles.
7The south area is occupied primarily by low-rise commercial land uses with an emphasis on automobile sales and services. Immediately south, at the southwest corner of Yonge-Steeles is the large Centrepoint Mall in Toronto. West of the mall are high-rise apartments and then low-rise residential areas. To the east of Yonge, in Markham, are street-front commercial uses, newer mixed-use towers, and low-rise residential areas behind.
YSCSP Modifications
8The Yonge-Steeles Landowners Group Inc. (“LG”), representing several appellants in the south area and with the consent of all Parties, called Paul Lowes for planning evidence and Steven Krossey for transportation evidence. Vaughan called Armine Hassakourians for planning evidence. The City of Markham called John McGill for transportation evidence related to its settlement on an added transportation policy. The Tribunal affirmed and qualified each of these professionals to give opinion evidence within their field of expertise. The Tribunal’s summary of their evidence follows.
9In overview, the multiple analyses on population growth, all modes of transportation, a new street network, parkland, a mixed-use live-work community, and compatibility with surrounding developed and planned areas, result in a YSCSP that directs the tallest buildings to the Yonge-Steeles intersection, with generally declining heights to the north and west, all subject to phasing that will result in accommodating substantial population growth here over the next few decades.
10With special emphasis on all modes of transportation, the extensive studies support and result in the proposed modifications. Adding to existing public transit in the area, plans are underway: by Metrolinx for a subway station at Yonge-Steeles (“subway”); by the Region for bus rapid transit along Steeles (“BRT”); and by Toronto for a bus station at Yonge-Steeles (“bus station”). A network of new streets within the YSCSP south area will create urban blocks, eliminate the need for private properties’ direct vehicular access to Yonge or Steeles, and provide alternative routes for drivers, cyclists and pedestrians.
11The goal of a lively and pleasant live-work community results in requirements for: commercial, office and institutional space; compatible urban design; the provision of affordable housing; wider sidewalks; a subsurface walkway from the west and north to the subway; “cycle tracks” (being dedicated bicycle lanes); and importantly, a substantial linear park at the rear of future street-front developments that will enhance liveability with outdoor landscaped open space for active and passive uses. The linear park will also provide a favourable separation between the proposed tall buildings and existing low-rise residential uses to the north and west.
12Key policies in the modified YSCSP enable the following phased population limits for the area south of the railway: up to 18,000 people before the subway is opened, with potential for up to 25,000 people subject to specified studies; up to 40,000 people after the subway is operational; and up to 45,000 people when road and transit improvements are completed, including the operation of the BRT.
13Building heights will be determined through the application of YSCSP urban design policies and the City’s related guidelines, with a main determinant being the resulting sunlight and shadowing utilizing a 45 degree angular plane. Podium heights will be generally higher on Yonge and Steeles than on internal streets. Provisions for non-residential uses at grade will ensure adequate retail, office, hotel and community facilities to support the population and promote pedestrian activity.
14Modifications that resolve various appeals include special policies or clauses in policies addressing individual sites for such matters as height and density, new streets, development phasing, and expansion of existing uses. Ms. Hassakourians testified that all of the modifications sought resolve their respective YSCSP and/or OPA appeals, maintain the purpose and intent of the YSCSP, satisfy all statutory requirements, and represent good planning in the public interest.
15The Tribunal accepts the planning evidence on the settled YSCSP proposed modifications as submitted by LG, the City and Markham. A notable aspect of this plan is that it demonstrates and facilitates a transition from the needs of the past to the needs of the future. The existing low-density land uses are not only accessed by automobile but they primarily relate to automobile sales and service. Over time, the area will redevelop to a future of high-density mixed-use land uses for a live-work community reliant on transit, cycling and walking. This evolution from development devoted to the automobile to a live-work and housing community reflects planning policies at all levels to accommodate population growth, promote intensification, preserve the Greenbelt and prime agricultural land, utilize transit and foot traffic, and reduce greenhouse gas emissions.
16The settlement satisfies provincial interests and has full regard to the related decisions of the City, Region and transit authorities pursuant to the Planning Act (“Act”) s. 2 and 2.1, including regard for: the efficient use and conservation of energy and water; efficient use of transportation systems; orderly development of safe and healthy communities; accessibility; provision of institutional and cultural facilities; a full range of housing, including affordable housing; employment opportunities; protection of the Province and municipalities’ financial well-being; the planning activities of public bodies; resolution of planning conflicts; appropriate location for growth; sustainable development supporting transit and pedestrians; a well-designed built form that encourages a sense of place and provides high quality public spaces; and addresses the changing climate with greenhouse gas mitigation.
17Similar themes are expounded in the Provincial Policy Statement (“PPS”) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“GP”) under the Act s. 3. The PPS policies for transit-supportive development and the GP requirements for intensification within major transit station areas (“MTSA”) are addressed by the modified YSCSP. The lands for higher density close to the Yonge-Steeles intersection are planned for a minimum of 300 persons and jobs per hectare, while the lands more distant from the subway will achieve 160 persons and jobs per hectare. The minimum employment target is 1 job for every 14 residents, with variations for specified sites and areas.
18The Region’s Official Plan (“ROP”) similarly directs intensification to a Regional corridor and MTSA locations in support of its intensification targets. Community design is to support an active lifestyle and maximize active transportation for human well-being, including through various measures for transportation demand management. The linear parkland will substantially enhance this live-work community while ensuring compliance with the ROP policy for a 45-degree angular plane for mid- and high-rise buildings, along with compatible urban design and mitigating heat islands. The local street network assists in addressing the ROP directions for commercial frontage, minimum setbacks, and access to below-grade parking.
19Through the above analysis, the Tribunal finds that the concerns of the Participants are addressed. The policies for such matters as sufficient parkland, building height and density, employment/commercial space, and the full review of individual development applications are found to respond sufficiently to stated concerns. The Tribunal accepts Ms. Hassakourians’ evidence that while the acquisition and development of parkland will evolve over time and be tailored to the needs and legal considerations of each segment of the parkland, a suitable process will ensure the pursuit of a fair and equitable result in the pursuit of good planning. The Tribunal finds that the YSCSP as modified represents good planning related to nearby low-density neighbourhoods. While change is indeed coming, this area is suitable for the planned level of intensification at this intersection of three Cities.
20In accepting the undisputed evidence, the Tribunal finds that the modified YSCSP, except for the two deferred policies, has regard for matters of Provincial interest, is consistent with the PPS, conforms with the GP, conforms with the ROP, and represents good planning in the public interest. The modified YSCSP is approved as set out in the Order below.
Deferred Policies and Appeals
21At the request of the Parties, this Decision defers two YSCSP policies for the next phase of hearing (“Phase 3 Hearing”): policy 5.8 pertaining to parking requirements and policy 8.4 pertaining to the use and effect of the Holding symbol in Zoning By-law Amendments (“ZBAs”).
22The next hearing will also address the four ZBA appeals being heard together in this hearing process; and, if agreed by the Parties, may also address the two plans of subdivision appeals.
23The Phase 3 Hearing is scheduled to proceed by video hearing commencing at 10 a.m. on Monday, November 14, 2022 for four days. No further Notice will be given.
24Parties 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/914098901
Access code: 914-098-901
25Parties 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
26Persons 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) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
27Individuals 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.
ORDER
28The Tribunal Orders as follows.
29Appeals 38, 39, 40, 51, 133, 153, 156, 160, 165 and 168 to the Vaughan Official Plan 2010 (“VOP”), and the site-specific appeals for Official Plan Amendments being heard together with these VOP appeals, are allowed in part, and:
certain policies and schedules of the Yonge Steeles Corridor Secondary Plan (“YSCSP”) are modified, and approved as modified, as set out in Attachment 1;
all other previously unapproved policies of the YSCSP are approved, resulting in the full YSCSP now coming into effect as contained in Attachment 1; except that:
policies 5.8 and 8.4 remain under appeal for the Phase 3 Hearing.
30Policy 8.6 of the YSCSP, previously approved by Tribunal Order dated November 1, 2019, but not brought into effect, is further modified, and approved as modified, as set out in Attachment 1.
31The Phase 3 Hearing, as scheduled above, will address settlements and/or remaining appeals related to:
policies 5.8 and 8.4 of the YSCSP;
remaining issues with the four site-specific Zoning By-law Amendment (“ZBA”) appeals, being OLT File Nos. OLT-22-002338 (Formerly PL200261), OLT-22-002359 (Formerly PL200474), OLT-22-002341 (Formerly PL210180) and OLT-21-001219, subject to the issues set out in Attachment 2; and,
if on consent of the Appellants and the City of Vaughan, the two site-specific Plan of Subdivision appeals, being OLT File No. OLT-22-002360 (FormerlyPL200475) and OLT-21-001220.
32The Appellants involved in the Phase 3 Hearing are directed to file updated ZBAs and/or Plans of Subdivision for all Parties’ review for the hearing.
33This Member is not seized but may preside over the next hearing if the Tribunal’s Calendar permits.
34This Member may be consulted through the Case Coordinator if procedural issues arise.
“S. Tousaw”
S. TOUSAW
MEMBER
Ontario Land Tribunal
Website: www.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 2
Matters to be Deferred from the August 2022 OLT Hearing
[Parties agree to seek a date in 2022 for all of the matters listed below. beyond the Appellants and City, Parties involved are identified in brackets]
Policies Being Deferred in the Yonge Steeles Corridor Secondary Plan [OLT-21-001787]
5.8 – Vehicular parking
8.4 - Holding Provisions [Morguard and Autocomplex]
The Four Site-Specific Zoning By-law Appeals [OLT-22-002335 (Gupta), OLT-21-001218 (Humbold), OLT-22-002358 (Dream), OLT-22-002340 (Mizrahi)] and the Dream [OLT-22-002360] and Humbold Subdivisions [OLT-21-001220]
The entirety of the site-specific zoning by-law amendments are being deferred.
The entirety of the Dream and Humbold plan of subdivisions are being deferred.
The parties agree that the only issues for the site-specific hearing of the remaining appeals are those noted below.
o Whether the holding provisions in the by-law should apply to all or part of the property and the contents of the holding provisions. [Morguard and Autocomplex]
o Whether the by-law should include the exemption from the 2-year moratorium on minor variance applications. [Morguard]
o Whether the by-law should include the maximum population and minimum job numbers, or be otherwise calculable from the by-law itself by the inclusion of number of units and/or unit mix. [Morguard]
o With respect to the road network, does the development permitted by the zoning by-law(s) and the plans of subdivision conform to YSCSP sections 5.9.2, 5.9.13.2, and 5.9.15.3.[Morguard]
o Parking provisions to be included in the by-law, in conjunction with the resolution of Policy 5.8 above
o The final format of the zoning by-laws
Note: NS-2 must continue to conform with policy 5.9.4 [Morguard]