Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 06, 2023 CASE NO(S).: OLT-23-000284

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

Applicant/Appellant: Cacoeli Terra Vaughan Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: Cacoeli Terra Vaughan Ltd. OPA Reference Number: OP.22.006 Property Address: 10811 & 10819 Jane Street Municipality/UT: Vaughan/York OLT Case No: OLT-23-000284 OLT Lead Case No: OLT-23-000284 OLT Case Name: Cacoeli Terra Vaughan Ltd. v Vaughan (City)

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

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Reference Number: Z.22.009 Property Address: 10811 & 10819 Jane Street Municipality/UT: Vaughan/York OLT Case No: OLT-23-000285 OLT Lead Case No: OLT-23-000284

Heard: November 08, 2023 by video hearing ("VH")

APPEARANCES:

Parties	Counsel/Agent*
Cacoeli Terra Vaughan Ltd.	Max Laskin
City of Vaughan	Candace Tashos

MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON NOVEMBER 8, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal had originally scheduled a second Case Management Conference ("CMC") of the appeals by Cacoeli Terra Vaughan Ltd. ("Applicant"), owner of the lands known municipally as 10811 and 10819 Jane Street ("Subject Property"). The Applicant is seeking an Official Plan Amendment ("OPA"), Zoning By-law Amendment ("ZBA") and Site Plan Approval ("SPA") for development of a 12-storey mixed-use residential building with a floor space index of four times ("4x") the lot area, 203 dwelling units, a daycare facility, an adult care facility at ground level and 214 parking spaces within two levels of underground parking.

2Prior to the commencement of the second CMC, the Tribunal received correspondence from the Parties advising they had reached a settlement on the issues and requested that the second CMC be converted to a settlement hearing.

3In accordance with Rule 12 of the Tribunal’s Rules of Practice and Procedure, the Tribunal convened the proceedings as a hearing on the terms of the settlement.

SITE AND SURROUNDING AREA

4The Subject Property is within the Block 27 Secondary Plan ("Block 27") and the Hamlet of Teston, which is recognized as a Cultural Heritage Landscape. Block 27 is bound by Jane Street, Teston Road, Kirby Road and Keele Street and is designated for the creation of a new community with a mix of uses that support the planned Kirby GO station. The broader area surrounding the Subject Property consists of a mix of residential, open space, commercial, institutional and employment uses that is undergoing sustainable land use changes and urbanization.

5The Subject Property is rectangularly shaped, comprised of two parcels of land that totals 0.47 hectares and has approximately 54 metres of frontage on Jane Street. There are two detached dwellings on the Subject Property and an accessory storage building at the rear of 10819 Jane Street.

6York Region Transit bus service providing direct access to TTC Line 1- Yonge University Subway service at Vaughan Metropolitan Centre is within 100 metres walking distance from the Subject Property. Higher Order commuter train service is accessible from the Subject Property at the Maple GO station along the Barrie Line and at the planned Kirby GO station in the future.

7North of the Subject Property are single detached dwellings within the Hamlet of Teston. To the immediate south of the Subject Property, at the corner of Jane Street and Teston Road, the land is vacant and planned for a York Region Paramedic Response Station. The south-east corner of Teston Road and Jane Street is currently vacant, and the planned site of a Tribunal approved eight-storey residential building. East of the Subject Property is an agricultural field, Bell transceiver tower and a tributary of the Don River watershed. West of the Subject Property is Jane Street, a York Region road.

SETTLEMENT

8The Tribunal received the following documents in support of the settlement and submits them as exhibits:

Exhibit 1: Affidavit of Andrew Ferancik Exhibit 2: Draft Official Plan Amendment Exhibit 3: Draft Zoning By-law Amendment

9On consent of the Parties, the Applicant presented Mr. Ferancik, who was affirmed and deemed qualified to give expert opinion evidence in land use planning.

10The settlement consists of a reduction of residential units from 203 to 174 through a reduction in height from a 12-storey to a 6-storey residential building with a Gross Floor Area ("GFA") of 14,749 square metres, reduced from 18,785 square metres. There is a density reduction from 3.6 Floor Space Index ("FSI") to 3.1 FSI. The revised plan maintains the proposed childcare facility at grade but eliminated the ability to provide space for an adult care centre. The settlement provides for increased side setbacks from the north and south property lines of the Subject Property and addresses City staff comments regarding the depiction of architectural elements in the west elevation of the architectural drawing. To facilitate the proposed development, the existing dwelling at 10819 Jane Street is proposed to be permanently relocated to 10891 Jane Street in accordance with the relocation strategy detailed in the Cultural Heritage Impact Assessment.

PLANNING EVIDENCE

11When considering an appeal filed pursuant to s.34 of the Planning Act ("Act"), the Tribunal must have regard to matters of provincial interest as set out s. 2 of the Act. Section 3 (5) of the Act requires decisions of the Tribunal affecting planning matters to be consistent with the Provincial Policy Statement, 2020 ("PPS") and, in this case, conform with A Place to Grow: The Growth Plan for the Greater Golden Horseshoe ("Growth Plan"), the York Regional Official Plan and the City of Vaughan Official Plan.

12It was the opinion of Mr. Ferancik that the proposed OPA and ZBA have regard for matters of provincial interest set out in s.2 of the Act by creating a compact development, which incorporates a mix of residential and community uses, provides a range of housing opportunities, improves a public space, and supports investment in municipal services and transit.

13Mr. Ferancik opined that the proposed OPA and ZBA are consistent with the PPS as the subject property is located within the City’s settlement area, supports efficient development and land use patterns, that are cost effective for servicing. It was the opinion of Mr. Ferancik, that the proposed development is transit-supportive intensification that promotes active transportation in an area of redevelopment and urbanization with mix uses, allowing people to work where they live.

14It was Mr. Ferancik’s opinion that the OPA and ZBA conform with the Growth Plan as the proposed development represents a form of intensified, compact and mixed-use development, within a built-up area and will contribute to the creation of a complete community.

15The 2010 York Regional Official Plan ("2010 YROP") was the in-force Official Plan at the time the initial application was submitted to the City in 2020. It is the opinion of Mr. Ferancik that the OPA and ZBA conforms to the 2010 YROP as the subject property is identified as being in the Urban Area and the proposed development conforms to the policies by providing for a compact mixed-use development that facilitates improvements for public space, active transportation and provides planned commercial services and employment opportunities. Mr. Ferancik stated that new housing and a childcare facility supports policies seeking human and community services, and housing. Mr. Ferancik opined that the relocation of the existing dwelling at 10818 Jane Street addresses policies that promote conservation of cultural heritage.

16On November 4, 2022, the 2022 York Regional Official Plan ("2022 YROP"), came into effect. Mr. Ferancik informed the Tribunal that the 2022 YROP prioritizes the creation of sustainable communities with new housing, employment opportunities, and multi-modal transportation networks. The 2022 YRO directs cultural resources to be conserved, and Mr. Ferancik gave evidence that the restoration and relocation of the existing dwelling at 10819 Jane Street, will reinforce the heritage resources of the Hamlet of Teston. The Subject Property is located within the Designated Greenfield Area and the 2022 YROP sets a minimum density target of the 70 people and job per hectare, and it was the opinion of Mr. Ferancik, that the height and density of the proposed development conforms to this policy. Mr. Ferancik opined that the proposed OPA and ZBA conforms with the 2022 YROP.

17It was the opinion of Mr. Ferancik that the proposed settlement conforms to the intent and purpose of the City of Vaughan Official Plan ("OP"), while requiring an amendment to permit a greater building height of six-storeys. Mr. Ferancik stated that the proposed development will provide a supply of residential housing and a childcare facility near transit, with emerging employment opportunities and commercial services to build a complete community and realize the City’s vision for Block 27.

18Block 27 provides the policy framework for the creation of a new community and Mr. Ferancik stated that the proposed development provides a mid-rise and compact built form that transitions in scale and massing from Jane Street, Teston Road and abutting lands. It was the opinion of Mr. Ferancik that the settlement introduces new housing, a childcare facility, and the restoration and reallocation of an existing dwelling at 10819 Jane Street to reinforce the heritage resources of the Hamlet of Teston.

19On October 20, 2021, City Council adopted a Comprehensive Zoning By-law 001-2021 ("ZBL 001-2021") which applies to all lands within the City, including the Subject Properties, with the exception of lands in the vicinity of Yonge Street and Steeles Avenue West. ZBL 001-2021 replaces Zoning By-law 1-88 ("ZBL 1-88") with the exception of matters of transition pursuant to section 1.6 of the ZBL 001-2021. ZBL 001-2021 was appealed to the Tribunal, and it issued its decision and order on December 29, 2022 and was corrected on March 29, 2023. Mr. Ferancik informed the Tribunal that since the applications were deemed complete by the City on November 17, 2022, the transition provisions under section 1.6 of ZBL 01-2021 do not apply and therefore the applications were subject to a dual review under both ZBL 1-88 and ZBL 001-2021, as the applications were processed prior to the Tribunal issuing its decision.

20Under ZBL 1-88, the Subject Property is zoned A- Agriculture and under ZBL 001-2021 it is zoned FD- Future Development. Mr. Ferancik provided evidence that amendments to both ZBL 1-88 and ZBL 001-2021 are required to permit the proposed uses and built form for the Subject Property in a manner that achieves provincial policy directives, is consistent with the general intent of the York Region Official Plan and the City of Vaughan Official Plan.

21Mr. Ferancik informed the Tribunal that the draft ZBA proposes that the Subject Property be rezoned MMU- Mid-Rise Mixed-Use Zone with site specific regulations to implement a complete community that supports planned higher-order transit at the Kirby GO station, as envisioned by Block 27.

Summary and Conclusion

22Based on the uncontroverted expert evidence in support of the settlement provided by Mr. Ferancik, the Tribunal finds that the proposed OPA and ZBA have appropriate regard for matters of provincial interest under s.2 of the Act, are consistent with the policies and directives of the PPS and conform to the policies of the Growth Plan, York Region Official Plan and the City’s Official Plan. The settlement proposal represents an efficient use of the Subject Property, represents good land use planning, and is in the public interest.

INTERIM ORDER

23THE TRIBUNAL ORDERS that;

24The appeal is allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph 25 below, and the Official Plan Amendment set out in Attachment 1 and the Zoning By-law Amendment set out in Attachment 2 to this Interim Order, is hereby approved in principle.

25The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the City Solicitor, of the following pre-requisite matters:

a. The Tribunal has received, and approved, the Official Plan Amendment and Zoning By-law Amendment submitted in a final form, confirmed to be satisfactory to the City of Vaughan’s Deputy City Manager of Planning and Growth Management.

b. The Tribunal has been provided written confirmation by the City of Vaughan Solicitor that all conditions set out in Attachment 3 have been satisfied.

26The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment, the Zoning By-Law Amendment and the issuance of the Final Order.

27If the Parties do not submit the final drafts of the Official Plan Amendment and the Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph 25 above have been satisfied, and do not request the issuance of the Final Order, by Monday, July 8, 2024, the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Zoning By-law Amendment and issuance of the Final Order by the Tribunal.

28The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instrument(s), the satisfaction of the contingent prerequisites and the issuance of the Final Order.

"J. Innis"

J. Innis 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 1

By-law XX-20XX of The Corporation of the City of Vaughan

Being a by-law to adopt Amendment XX to the City of Vaughan Official Plan.

Recitals:

1. Whereas Subsection 17(22) of the Planning Act, as amended, authorizes The Corporation if the City of Vaughan to pass by-laws for the adoption of Official Plans and Section 21 of the Planning Act, as amended, authorizes The Corporation of the City of Vaughan to pass by-laws to adopt amendments thereto.

2. Whereas Subsection 17(22) of the Planning Act, as amended, vests approval authority of amendments to area municipal official plans with the Regional Municipality of York unless the amendment is exempt from Regional approval.

3. Pursuant to Subsection 17(10) of the Planning Act, as amended, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval.

NOW, THEREFORE, IT IS ENACTED as a by-law of The Corporation of the City of Vaughan by the Council thereof as follows:

1. Amendment XX to the City of Vaughan Official Plan, which Amendment forms Schedule "A" to this By-law, is adopted.

2. Schedule "1" attached to this By-law forms an integral part of it.

3. This by-law shall come into force and take effect in accordance with the provisions of the Planning Act.

By-law passed this XX day of XX, 20XX.

Schedule "A" to By-law XX-20XX

Amendment XX to the City of Vaughan Official Plan

Part I Introduction Purpose Location Basis

Part II Actual Amendment

Part III Implementation

Part IV Interpretation

Note: Parts I, III and IV do not constitute the legal parts of this Amendment but serve only to provide background information.

Part I: Introduction

Purpose

The purpose of this Amendment to the City of Vaughan Official Plan is to add a site-specific policy to change the land use designation on lands located at 10811 and 10819 Jane Street from Low-Rise Mixed-Use to Mid-Rise Mixed Use in Schedule B of the Block 27 Secondary Plan and permit a 6-storey mixed-use mid-rise development with a maximum density of 3.0 FSI, consisting of a ground-level day nursery, and 174 apartment dwelling units.

Location

The lands to which this Amendment applies are located on the east side of Jane Street. The general location of the lands is shown on Schedule "1" attached to this Amendment.

Basis

The Council of The Corporation of the City of Vaughan is satisfied that this Amendment to the City of Vaughan Official Plan is appropriate.

Part II: Actual Amendment

This Amendment to the City of Vaughan Official Plan consists of the following:

1. Adding a new Section 3.5.7 xx as follows:

"3.5.7.XX Notwithstanding any other provision of this Plan to the contrary, a maximum density of 3.0 FSI and net residential density of 365 units per hectare shall be permitted on lands designated Mid-Rise Mixed-Use generally east of Jane Street subject to appropriate provisions being included in the zoning by-law."

Part III: Implementation

The provisions set forth in the City of Vaughan Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment.

Part IV: Interpretation

The provisions set forth in the City of Vaughan Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment.

ATTACHMENT 2

By-law XX-20XX of The Corporation of the City of Vaughan

Being a by-law to amend By-law 1-88, as amended, of The Corporation of the City of Vaughan with respect to lands known municipally as 10811 and 10819 Jane Street.

IT IS ENACTED as a by-law of The Corporation of the City of Vaughan by its Council as follows:

1. By-law 1-88, as amended, is further amended by changing the zoning for the lands shown on the Location Map attached hereto, and the delineated portion of Schedule ‘E’ attached hereto as Schedule "1" from A to MMU (XXXX).

2. By-law 1-2021, as amended, is further amended by adding to Section 9.0, the following site specific provisions:

a) MMU (XXXX) Zone (10811 & 10819 Jane Street)

b) Notwithstanding any provision of this By-law to the contrary, in any MMU (XXXX) Zone, as shown on the Location Map and Schedule "1" and "2" to this By-law, the following uses shall be permitted:

• Day Nursery
• Supportive living facility
• Dwelling, apartment

c) Notwithstanding any provision of this By-law to the contrary, in any MMU (XXXX) Zone, as shown on the Location Map and Schedule "1" and "2" to this By-law, the following regulations shall apply:

Regulations	CBD-B(X)
Minimum amenity – Indoor (m2)	2.0 per dwelling unit
Minimum amenity – Outdoor (m2)	2.0 per dwelling unit
Permitted outdoor amenity on a rooftop or terrace	100%
Parking spaces	214
Barrier-free parking spaces	8
Loading spaces	1 Type "D"
Bicycle parking spaces	118
Minimum lot frontage (m)	30
Minimum lot area (m2)	1200
Minimum front yard (m)	2.8
Minimum interior side yard – north (m)	2.0
Minimum interior side yard – south (m)	1.0
Minimum rear yard (m)	6.0
Maximum height (m)	23.5
Maximum rooftop projection of mechanical penthouse (m)	5.5
Maximum tower floor plate (m2)	2,500
Minimum tower setback from any rear lot line and interior side lot line (m)	1.0
Minimum required landscape strip on any interior side lot line (m)	1.0
Maximum Density – Floor Space Index	3.0
Maximum Density – Units Per Hectare	365
45-degree angular plane	Shall not apply to interior side lot lines

3. Notwithstanding any provision of this By-law to the contrary, in any MMU (XXXX) Zone, the building heights and setbacks as shown on Schedule "2" to this By-law shall apply.

4. Location Map attached hereto forms part of this by-law.

5. Schedule "1" attached hereto forms part of this by-law.

6. Schedule "2" attached hereto forms part of this by-law.

7. This by-law shall come into force when Amendment XX to the City of Vaughan Official Plan is in effect and in accordance with the provisions of the Planning Act.

By-law passed this XX day of XX, 20XX.

ATTACHMENT 3 CONDITIONS OF FINAL APPROVAL

1. The applicant has provided to the City the following updated reports and studies satisfactory to the City’s Deputy City Manager, Planning and Growth Management and the Deputy City Manager, Infrastructure Development, as appropriate:

(a) a conceptual site plan that includes a parking space count, identifies the driveway with the required turning radii in the interim condition and in the ultimate condition (when the contemplated road widening is completed), and includes landscaped greenspace, private outdoor amenity space or environmental features (such as green roof) on the roof of the building;

(b) an updated Cultural Heritage Impact Assessment, which includes a detailed history of each lot, a Conservation and Relocation plan for the identified built heritage resources, identification of built heritage resources to be located within the community, and a demolition and/or disassembly plan for any built heritage resources to be relocated;

(c) an updated Transportation Impact Study, including a parking review, Traffic Demand Management Plan and Traffic Demand Management Toolkit;

(d) an updated Context Plan and Project Statistics; and

(e) an updated Site Plan, P2 Level Floor Plan, P1 Level Floor Plan, Ground Floor Plan, and east and north elevations.

2. The applicant has provided the City a one-time financial contribution of $14,370 representing its proportionate share of the required sanitary sewer system improvements on Waterside Crescent (as identified in the City’s approved Interim Servicing Strategy Study).