G Group Major Mackenzie Inc. v. Vaughan (City), 2023 CanLII 53891

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 13, 2023

CASE NO(S).: OLT-22-004083

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

Applicant/Appellant: G Group Major Mackenzie Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of five residential and mixed-use buildings, ranging in height from 4 to 36-storeys

Reference Number: OP.21.019

Property Address: 3812 Major Mackenzie Drive W

Municipality/UT: Vaughan/York

OLT Case No: OLT-22-004083

OLT Lead Case No: OLT-22-004083

OLT Case Name: G Group Major Mackenzie Inc. v. Vaughan (City)

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

Applicant/Appellant: G Group Major Mackenzie Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of five residential and mixed-use buildings, ranging in height from 4 to 36-storeys

Reference Number: Z.21.040

Property Address: 3812 Major Mackenzie Drive W

Municipality/UT: Vaughan/York

OLT Case No: OLT-22-004084

OLT Lead Case No: OLT-22-004083

Heard: January 13, 2023 by video hearing

APPEARANCES:

Parties	Counsel
G Group Major MacKenzie Inc.	A. Skinner, M. Helfand
City of Vaughan	M. Kemerer
NJS Developments Inc.	S. Ferri

DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1This is an Appeal by the owner, G Group Major MacKenzie Inc (“G Group”), from the failure of the Council of the City of Vaughan to make decisions on its development applications for its properties at 3812 Major MacKenzie Drive West in Vaughan.

2The Tribunal was notified shortly prior to the Hearing that the parties had settled the matters in issue, so it became a settlement Hearing.

3The evidence of the owner was provided by Paul Lowes, a very experienced Land Use Planner who is now President of the Ontario Professional Planners Institute.

4His firm, SGL Planning & Design Inc. (“SGL”) was retained by G Group in 2020 to provide planning, landscape architecture and urban design services for a proposed development of 3812 Major Mackenzie Drive West in the City of Vaughan.

5The site is an irregular rectangular parcel located at the northwest corner of Major Mackenzie Drive West and Weston Road in Vaughan, about 1 kilometer west of Highway 400. It has approximately 207 metres (“m”) of frontage on Weston Road, and a gross area of about 4.28 hectares (“ha”) (10.58 acres). It contains a steel-clad storage shed, but is otherwise vacant land. [6} The site is surrounded by low- and medium-density residential neighbourhoods, low-rise commercial plazas, big box stores, parks and schools. The area is evolving to include ground-related built forms, such as 3-storey townhouse blocks to the north and west, as well as high density, tower-form developments to the east and west. A Ministry of Transportation Works yard is to the south, and to the west is a parcel owned by NJS Developments Inc (“NJS”). This is the subject of an active development application and Appeal to the Tribunal (OLT-22-004049). NJS was granted Party status in the present Appeal, since a coordinated development is planned with a local roadway partly on the G Group lands. To the north of the G Group lands is Farooq Boulevard, beyond which a medium-density block of townhouse dwellings is planned, extending the 3-storey townhouses on the lands northwest of the site. To the east is Weston Road, beyond which is a farmers’ market, a detached dwelling used commercially with frontage on Weston Road, as well as vacant land. The northeast corner of Major Mackenzie Drive West and Weston Road is planned to be a ten-storey building and four twelve-storey buildings, with residential and retirement uses. An aerial view of the site and surrounding area is appended as Attachment 1.

Previous Appeal

6In 2011 the Ontario Municipal Board had approved Official Plan Amendment (“OPA”) 712 and Zoning By-law 234-2010. These permitted a mixed-use residential and commercial development of two 12-storey residential apartment buildings and two commercial buildings with maximum heights of 2 and 3 storeys. Certain other applications (Draft Plan of Subdivision, Zoning By-law Amendment to remove a Holding symbol, and a Site Plan) were submitted but are now held in abeyance until the present decision issues.

The Present Applications and Appeals

7On September 30, 2021, G Group filed OPA and Zoning By-law Amendment (“ZBA”) applications to permit the development of five residential and mixed-use buildings, and associated commercial and public spaces on the site (collectively, the “Applications”).

8The OPA amends the City of Vaughan OP to redesignate the site from the existing ‘Mid-Rise Mixed-Use’ designation to a ‘High-Rise Mixed-Use’ designation. It would also increase the height and density.

9The ZBA would amend Vaughan ZBL No. 1-88 to rezone the lands from a ‘RA3 (H)’ Apartment Residential Zone with the Holding Symbol “(H)” and ‘OS2’ Open Space Park Zone, to a ‘RA3 Apartment Residential Zone’ and ‘OS2 - Open Space Park Zone’, and to introduce site-specific standards to permit the proposed development.

10Mr. Lowes outlined all of the required studies for what he called the “Original Proposal”, five residential and mixed use buildings, 4 to 36 storeys. The Applications were deemed complete on November 16, 2021. Meanwhile, Council had enacted City-wide Zoning By-law No. 001-2021 (“CZBL”). G Group appealed this - No. 002748, lead file being No. OLT-22-002104. It later appealed the City’s failure to decide on this case – lead file OLT-22-004083. A second staff report recommending refusal was adopted on December 13, 2022.

11The Parties reached a settlement, reflected in plans dated January 11, 2023 (Exhibit F to Mr. Lowes’ Affidavit). Mr. Lowes put it that the Settlement Proposal continues to provide a high quality, pedestrian friendly, phased, mixed-use development consisting of various residential podiums and towers, stacked townhomes, an urban square, public piazza and public park. They would be accessed by an internal ‘woonerf’ private road, and a portion of a new north- south public road, straddling the west property line. Building heights have been reduced from a maximum of 36 to a maximum of 19 storeys. The total gross floor area has been reduced from 203,527.00 m2 (FSI of 5.78) to 167,225.47 m2 (FSI of 4.7). Community uses and neighbourhood commercial uses within the podiums along Major Mackenzie Drive and Weston Road included provision for a daycare in a 4-storey building across from the proposed public park.

12The Settlement Proposal is reflected in the Draft OPA appended as Attachment 2.

13A further ZBA to Zoning By-law No. 001-2021 (the “CZBL Amendment”) was prepared to implement the development approvals for the site through a site-specific exception. This will ensure that the Settlement Proposal regarding Zoning By-law No. 1-88 Amendment is carried forward and reflected in the CZBL, The draft ZBLAs are attached as Attachment 3 and Attachment 4 (collectively, the “Settlement ZBA”). The zoning regulations in the CZBL Amendment are consistent with those contained within the Zoning By-law No. 1-88 Amendment.

14Mr. Lowes noted that site is designated as Class 4 under Ministry of Environment and Climate Change Environmental Noise Guideline: Stationary and Transportation Sources – Approval and Planning. An Environmental Noise Feasibility Study determined that sound levels from the Ministry of Transportation yard to the south of the site would exceed the NPC-300 Class 1 Noise Guidelines at some parts of the proposed development. However, all residential dwellings within it will meet Class 4 Guideline Limits. By applying the Class 4 Designation, there is no need to incorporate physical, at source noise mitigation measures in the proposed development.

15In Mr. Lowes’s professional opinion, the proposal now meets the policies and regulations in effect at the time of the application, including the 2020 Provincial Policy Statement, the 2020 Growth Plan for the Greater Golden Horseshoe, as amended, the 2010 York Regional Official Plan, the 2010 City of Vaughan Official Plan, and City of Vaughan Zoning By-law No. 1-88. The proposed development is consistent with the PPS, conforms to the Growth Plan, conforms to the YROP (2019 consolidation), and is internally consistent with the Vaughan Official Plan.

16The proposed development represents good planning and is in the public interest.

17The Minister of Municipal Affairs and Housing modified the York Region Official Plan, 2022 (“YROP 2022”) on November 4, 2022 to include a site-specific policy which applies to the site:

4.2.32 Special provisions for the lands known municipally as 3812 Major Mackenzie Drive West in the City of Vaughan (PIN 037541553) [the Site]. Notwithstanding any other policies in this plan to the contrary, the minimum building height permitted is 28 storeys.

18Mr. Lowes’ opinion is that this policy is informative, but not determinative. Policy 7.4.13 of the YROP 2022 includes a transition provision which provides that “development applications which have not been deemed complete by the date of the Plan’s approval shall be subject to the policies of the Plan.” The Applications were deemed complete approximately 12 months prior to the YROP 2022 taking effect, and therefore, are not subject to this Plan. However, site-specific policy 4.2.32 informs his opinion that it is appropriate for the site to accommodate significant density and tall building forms. Thus, the Settlement Proposal reflects the spirit and intensification directive of YROP 2022 policy 4.2.32.

19It is his opinion that the proposed development provides for a transit-oriented development at the terminus of a Regional Rapid Transit Corridor (now extended further west in the 2022 YROP) and an appropriate scale of intensification within a local node. It provides for an appropriate transition in heights and densities adjacent to the low-rise residential development to the north. It also provides for substantial public open space in the form of a public park, urban square and public piazza, both intended as public accessible private open space.

ORDER

20The Appeals are allowed in part, and the Tribunal approves in principle the revised proposal and planning instruments for the lands substantially in accordance with the revised plans and drawings found in Mr. Lowe’s Affidavit at Tab F of Exhibit 1. .

21The Appeal by G Group Major Mackenzie Inc. is allowed, in part and the Vaughan Official Plan 2010 is amended as set out in Attachment 2 and is hereby approved.

22The Appeal by G Group Major Mackenzie Inc. of the City of Vaughan Comprehensive Zoning By-law No. 001-2021 under Tribunal Appeal Number 2748 and the proposed amendment to the City of Vaughan By-law 1-88, in this Appeal, are allowed in part, and Attachments 3 and 4 are approved.

23The Tribunal’s Final Order is withheld until the Tribunal has been advised that the following Conditions have been met to the satisfaction of the Appellant and the City Solicitor:

a. The draft Official Plan amendment is in final form;

b. The draft Zoning By-law No. 1-88 and Zoning By-law No. 001-2021 amendments are in final form;

c. The following studies have been submitted to the satisfaction of the City of Vaughan:

i. Updated Planning Justification Report, which includes a Housing Options statement in accordance with Policy 7.5.1.3 of Vaughan Official Plan 2010;

ii. Full set of updated architectural plans (including layered PDF version);

iii. Master Landscape Plan;

iv. Updated Sun/Shadow Study;

v. Updated Transportation Impact Study;

vi. Updated Environmental Noise Feasibility Study, to be peer-reviewed at the Applicant’s cost;

vii. Updated Functional Servicing Report and Stormwater Management Report, including water balance and short term construction dewatering and civil engineering plans; and

viii. Updated Pedestrian Level Wind Study.

4. This Order and the Tribunal’s Final Order approving the amendment to Zoning By-law No. 001-2021 is without prejudice to the disposition of any other appeal of Zoning By-law No. 001-2021 in OLT-22-002104 and any unapproved portions of Zoning By-law No. 001-2021, 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 Zoning By-law No. 001-2021 on the basis that such amendments deviate from or are inconsistent with the amendments hereto as brought into force by this Order and the Tribunal’s Final Order. However, this does not affect the City’s right to assert that Zoning By-law No. 001-2021, as amended hereto, to the extent brought into force by this Order and the Tribunal’s Final 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.

24The Tribunal may be spoken to should any difficulties arise in connection with the implementation of this Order.

“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 2

THE CITY OF VAUGHAN

BY-LAW

BY-LAW NUMBER XXX-2023

A By-law to adopt Amendment Number to the Vaughan Official Plan 2010 for the Vaughan Planning Area.

NOW THEREFORE the Council of the Corporation of the City of Vaughan

ENACTS ASFOLLOWS:

1. THAT the attached Amendment Number to the Vaughan Official Plan 2010, consisting of the attached text and Schedule “1” is hereby adopted.

2. AND THAT this By-law shall come into force and take effect the day after the last dayfor filing a notice of appeal.

Enacted by the City of Vaughan Council this day of , 2023.

Hon. Steven Del Duca, Mayor

Todd Coles, City Clerk

Authorized by Item No. of Report No. of the Committee of the Whole Adopted by Vaughan City Council on

, 20 .

AMENDMENT NUMBER -23

TO THE VAUGHAN OFFICIAL PLAN 2010 OF THE VAUGHAN PLANNING AREA

The following text and Schedule “1” constitute Amendment Number to the Vaughan Planning Area.

Authorized by Item No. of Report No. of the Committee of the Whole Adopted by Vaughan City Council on

, 20 .

1.0 PURPOSE

To amend the provisions of the Official Plan of the Vaughan Planning Area (Vaughan Official Plan 2010), Volume 1, Section 9.2 Land Use Designations and Permitted Building Types, to permit the development of four (4) mixed-use buildings and four (4) apartment buildings with heights ranging from 4 to 19 storeys, a public park, and Privately Owned Publicly Accessible Open Spaces (POPS). The high-rise mixed-use buildings along Major Mackenzie Drive and Weston Road are situated on podiums ranging in height from 6 to 8 storeys, with at grade commercial uses, community uses, and amenity space within the podiums.

This Amendment will facilitate the following with respect to the Subject Lands identified as “Land Subject to Amendment No. ” on Schedule “1”, attached hereto:

1. To redesignate the Subject Land on Schedule ‘13’ Land Use of the Vaughan Official Plan from Mid-Rise Mixed-Use to High-Rise Mixed-Use as identified on Schedule “1” attached; and

2. To amend Schedule ‘13’ Land Use of the Vaughan Official Plan to permit a maximum height of 19-storeys and a maximum density of 4.7 FSI for the Subject Land as identified on Schedule “1” attached.

2.0 LOCATION

The lands subject to this Amendment hereinafter, referred to as the "Subject Land”, has an area of 4.28 hectares (10.58 acres), is municipally known as 3812 Major Mackenzie Drive West, and is legally described as Part of Lot 21, Concession 6 (Geographic Township of Vaughan) City of Vaughan, Regional Municipality of York, as shown on Schedule “1”, attached hereto as “Land Subject to Amendment No. .”

3.0 BASIS

The decision to redesignate the Subject Land in the Official Plan and to amend the maximum permitted height and density at 3812 Major Mackenzie Drive West is based on the following considerations:

1. The Provincial Policy Statement sets the policy foundation for the development and use of land while protecting resources of provincial interest, public health and safety, as well as the natural and built environment.

The Subject Land is located within the Vellore Village, an area already serviced, and identified as a Local Centre. The Subject Land is also located along Major Mackenzie Drive which is identified as a Regional Rapid Transit Corridor with planned Bus Rapid Transit service.

The proposal to develop the Subject Land with the construction of four (4) mixed- use buildings and four (4) apartment buildings is a form of transit-oriented intensification that results in an efficient use of land that minimizes land consumption as well as utilizes existing services. The Subject Land is strategically located in an area with numerous existing and planned transit options and amenities, providing opportunities to reduce the negative impact of climate change by promoting active transportation through providing bicycle parking and access to residents’ daily needs within walking distance.

2. The Growth Plan for the Greater Golden Horseshoe provides a policy framework for building strong prosperous communities within the Region. The Growth Plan sets out a long-term framework for how and where the Region will grow with a growth horizon to the year 2051. The Growth Plan also provides policy guidance for supporting the development of complete communities, prioritizing intensification and higher density within strategic growth areas, and supporting a range of housing options.

The subject lands are located within the Vellore Village Local Centre, which is a strategic growth area. The proposed development of the Subject Land will further assist in the realization of a vibrant complete community within the Vellore Village Local Centre by providing housing in an area that will be served by transit, and commercial services within walking distance and contributing to access to public spaces and various community services. The proposal will provide residential dwellings in the form of high density compact built form in an area that is emerging as a transit accessible community and is close to amenities

The proposed development represents a transit oriented, compact built form at a density that will assist the City in reaching the designated greenfield area target. In addition, the proposed buildings are sited with the tallest buildings along Major Mackenzie Drive and Weston Road, and transition to the lowest heights towards the north and west, providing an appropriate transition to the existing low-rise residential uses.

3. The development application was deemed complete on November 16, 2021, and is therefore subject to the York Regional Official Plan, 2010. The York Region Official Plan, 2010, sets out the high-level land uses, as well as direction with respect to sustainability, growth management, healthy communities, economic vitality, servicing, urbanizing, and agricultural/rural areas. The York Region Official Plan, 2010, identifies the subject lands as being adjacent to a Regional Transit Priority Network west of Weston Road, and at the terminus of a Regional Rapid Transit Corridor served by Surface Rapid Transit Services along Major Mackenzie Drive.

The development consists of approximately 2,339 residential units that range from one-bedroom to three-bedroom apartment dwellings, as well as podium townhouses that contribute to a diverse housing stock in the Region that is immediately adjacent to existing and planned bus rapid transit, retail, open space, and community facilities.

4. The Subject Land is located within the City of Vaughan’s emerging Vellore Village Local Centre, and the proposed development reflects the locational advantage of being within the Local Centre with access to the Regional Bus network that connects to higher order transit such as GO Transit and the Highway 7 Bus Rapid Transit service, the planned Major Mackenzie Drive Bus Rapid Transit corridor and access to a 400 Series highway. The proposal will assist in the realization of a vibrant Local Centre with a mix of residential units, at grade commercial and community uses including a daycare facility anchored by a public park and privately owned publicly accessible open spaces.

4.0 DETAILS OF THE AMENDMENT AND POLICIES RELATIVE THERETO

Vaughan Official Plan 2010, as amended, is hereby further amended by:

1. Amending the Subject Land’s designation on Schedule ‘13’ to:

a. High-rise Mixed-Use in accordance with Schedule “1” attached;

b. Permit a maximum density of 4.7 FSI in accordance with Schedule “1” attached;

c. Permit a maximum height of 19-storeys in accordance with Schedule “1” attached.

2. Adding a Site Specific Policy to Chapter 13 of the Vaughan Official Plan 2010, Volume 2 for the Subject Lands that states:

a. Notwithstanding any policy or provision to the contrary, for the lands known as 3812 Major Mackenzie Drive West, as identified in Schedule “1”, interests in land other than a fee simple interest, land that is subject to an easement or other encumbrance, privately-owned public space, or strata land shall be accepted by the City at full credit towards satisfaction of parkland dedication requirements.

b. Policy 9.2.3.6 d) ii) shall not apply and notwithstanding Policy 9.2.3.6 d) ii), the distance between any portions of High Rise Buildings above fourteen

storeys should generally be at least 25 metres.

5.0 IMPLEMENTATION

It is intended that the policies of the Official Plan of the Vaughan Planning Area pertaining to the subject lands will be implemented by way of an amendment to the Vaughan Zoning By-law and subsequent Draft Plan of Subdivision and Site Plan Approval, pursuant to the Planning Act.

6.0 INTERPRETATION

The provisions of the Vaughan Official Plan, as amended from time to time regarding interpretation shall apply with respect to this Amendment.