Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28, 2023
CASE NO(S).: OLT-22-004629, OLT-22-002104
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Pristine Homes (Pine Grove) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 6-storey residential apartment building with 125 dwelling units.
Reference Number: OP.20.004
Property Address: 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue
Municipality/UT: Vaughan/York
OLT Case No: OLT-22-004629
OLT Lead Case No: OLT-22-004629
OLT Case Name: Pristine Homes (Pine Grove) 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: Pristine Homes (Pine Grove) Inc.
Subject: Application to amend the Zoning By-law – neglect to make a decision
Reference Number: Z.20.001
Property Address: 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue
Municipality/UT: Vaughan/York
OLT Case No: OLT-22-004630
OLT Lead Case No: OLT-22-004629
PROCEEDING COMMENCED UNDER 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)
PLEASE NOTE: Only the Appeal No. 002680 by Pristine Homes (Pine Grove) Inc. will be addressed as part of this proceeding”.
PROCEEDING COMMENCED UNDER 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 City of Vaughan Council on October 20, 2021
Municipality: City of Vaughan
OLT Case No.: OLT-22-003554
OLT Lead Case No.: OLT-22-002104
OLT Case Name: Armland Management Inc. v. Vaughan (City)
PLEASE NOTE: Only the Appeal No. 004810 by Pristine Homes (Pine Grove) Inc. will be addressed as part of this proceeding”.
Heard: February 7, 2023, and continued on April 26, 2023
APPEARANCES:
Parties
Counsel
Pristine Homes (Pine Grove) Inc.
Quinto M. Annibale Brendan Ruddick
City of Vaughan
Piper Morley Effis Lidakis
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON APRIL 26, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) started on February 7, 2023, and continued and completed as a settlement hearing on April 26, 2023. Pristine Homes (Pine Grove) Inc. (the “Applicant/Appellant”) has properties municipally known as 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue (Subject Lands) in the City of Vaughan (“City”).
2The Parties informed the Tribunal that they have reached a settlement. They requested that the resumed CMC on April 26, 2023, be converted to a settlement hearing. The Tribunal granted the request and a settlement hearing was conducted.
3The Applicant/Appellant proposes to create a six-storey complex primarily for residential dwelling units.
4The Tribunal reviewed the Affidavit of Service for the Notice of the CMC sworn by Roberta Green on January 9, 2023. The Affidavit was determined by the Tribunal to have been duly and appropriately executed and was marked as Exhibit 1.
5There were no additional Participant or Party requests received and none were granted.
CONSOLIDATION OF SITE SPECIFIC APPEALS
6The Subject Property is also associated with other appeals at the Tribunal. The Parties requested consolidation of the same. Along with case file number OLT-22-004629, a request to amend the City’s Official Plan, the case file numbers for these other multi-party appeals at the Tribunal are as follows:
a. OLT-21-002104
- An appeal of the City’s comprehensive Zoning By-law
b. OLT-22-003554
- An appeal against the City’s Transition By-law
7The Parties jointly informed the Tribunal that they have sought and canvassed all other matters in these proceedings for any objections to move the Subject Property appeals out of those proceedings on a site-specific basis. The Parties informed the Tribunal that they have found no objections to such a proposal.
8As a result, the Parties requested of the Tribunal that the following be consolidated with the Case File Number OLT-22-004629:
a. Appeal No.: 002680 in Case No.: OLT-22-002104; and,
b. Appeal No.: 004810 in Case No.: OLT-22-003554
9The Tribunal, pursuant to Rule 16.1 of the OLT Rules of Practice and Procedure, ordered that the cases under Tribunal File Numbers OLT-22-004629, OLT-22-004630, Appeal No.: 002680 in Case No.: OLT-22-002104, and Appeal No.: 004810 in Case No.: OLT-22-003554 are Consolidated for Case Management and Hearing purposes.
EVIDENCE AND ANALYSIS
10At the settlement hearing, the Applicant/Appellant called Rosemarie L. Humphries as a witness. Ms. Humphries was sworn and qualified by the Tribunal to provide opinion evidence in the area of land use planning. Ms. Humphries also was sworn by counsel to confirm that the previously submitted Affidavit, though not originally submitted as a sworn Affidavit, albeit was authored by her and fully represents her opinions. This was marked as Exhibit 2 for the record and was the basis of Ms. Humphries oral testimony before the Tribunal.
11In providing the site context information Ms. Humphries enunciated that the Subject Lands are comprised of an assembly of 6 low-rise residential dwellings/lots municipally addressed 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue. The subject lands are legally described as Part of lots 1 and 2, Lots 3,4, 5 and 6 Registered Plan M-1111, City of Vaughan, in the Region of York.
12Ms. Humphries stated that the Subject Lands are served by 5 individual driveways on Islington Avenue and 1 driveway on Pine Grove Road. Islington Avenue is classified as a Regional Road with a Planned width of up to 30m in the York Region Official Plan and a Major Arterial Road (Regional) in the City of Vaughan Official Plan. Pine Grove Road is classified as a Local Road. The intersection of Islington Avenue and Pine Grove Road is further identified as a Pedestrian Priority Node in the Woodbridge Centre Secondary Plan.
13Ms. Humphries described the evolution of the proposal from the original application. She opined that the changes were made to the proposal which in part facilitated the settlement with the City. These changes are noted as extracted from Exhibit 2 as follows:
Reduction in Building Height/Stepping down of the building the building height has been reduced from 7 storeys to 6 storeys and incorporates step backs at the 5th and 6th floors. This has resulted in a reduction of density.
Increased setbacks from Islington Avenue The building was originally setback 1.8m from Islington Avenue where at grade units facing Islington also had private patio spaces. The patio spaces have been removed (sic) but connections are still provided at grade from the street. The setback of the main wall of the building to Islington Avenue has increased to 3m and 2.7m to the columns.
Elimination of a primary entrance from Islington Avenue The former submission proposed a primary entrance to the site from Islington Avenue. This has now been removed with the primary entrance being located internally from the site.
Reduction in FSI The reduction in building height from 7 to 6 storeys has resulted in reduction of the overall density from 2.63 FSI to 2.42FSI.
Revised Access Arrangements The northern access from Pine Grove Road has been revised from an all way access to right in /right out only.
Increase in unit count Due to the removal of a main entrance along Islington Avenue, the internal layout of the building was modified which resulted in the redistribution of unit types and overall slight increase in the total number of units from 122 to 125.
14Ms. Humphries opined that the proposal has appropriate regard for matters of Provincial Interest under s. 2 of the Planning Act.
15Ms. Humphries reviewed the applicable policies in the Provincial Policy Statement 2020 (PPS) and opined that the proposal is consistent with the PPS. In her review, Ms. Humphries considered policies related to compact, efficient use of land and infrastructure (Policies 1.1, 1.4 and 1.6). She added that per Section 1.1 of the PPS, development is encouraged to locate in designated settlement areas, which are intended to be areas where growth is focused, and use patterns within settlement areas should be based on an appropriate range and mix of land uses at densities that make efficient use of available land and existing infrastructure.
16Ms. Humphries opined that the proposal conforms with the Growth Plan for the Greater Golden Horseshoe 2019, as amended (the Growth Plan). Ms. Humphries highlighted the following attributes of the proposal which provide the basis for the Growth Plan conformity:
a. The proposed development is considered desirable as it will intensify the Site in an area intended to accommodate future growth (Policy 1.2.1)
b. This portion of the City of Vaughan is identified as ‘Settlement Area’ within the Growth Plan, 2020 and the Site is located within the delineated built boundary. The Site has direct access to municipal water and wastewater infrastructure and will optimize existing assets (Policies 2.2.1, 2.2.2 and 2.2.6)
c. The Site does not contain, nor is it adjacent to, any cultural heritage or natural features which require preservation. Climate change and conservation will be addressed in detail through the introduction of sustainable components within the project during the site plan application (Chapter 4 Protecting What is Valuable).
17Ms. Humphries opined that the proposal conforms with the York Region Official Plan (YROP). She documents key policies considered as part of her Affidavit (Exhibit 2, paragraphs 36-45).
18Ms. Humphries reviewed the Vaughan Official Plan 2010 consolidation 2020 (VOP) and opined that the proposal conforms with the VOP. She testified that the VOP directs to the Woodbridge Centre Secondary Plan (WCSP) for detailed policies applicable for the Subject Lands.
19Ms. Humphries reviewed the WCSP (Exhibit 2, paragraphs 48-63) and opined that the proposal conforms with the WCSP. She highlighted that:
Ground units within the project have been designed to have access and patios fronting Islington Avenue (sic) and Pine Grove Road creating an interactive space with the street network.
There are no existing natural/heritage features on the subject site.
The building typology already exists in the area, and this project will further provide a diversification to the existing housing stock in terms of unit sizes.
The front yard setback being proposed along Islington Avenue is similar to that which already exists with the project to the south.
The site is within 100m of two existing transit stops and 1900m of Highway 7 which is an existing designated rapid transit corridor.
20Ms. Humphries provided further analysis with respect to policies on noise, consideration for the Valley and Stream Corridor Management Program under the Toronto Region Conservation Authority where the Subject Lands have been duly assessed through a noise report and do not have direct access or frontage with the Humber River.
21Ms. Humphries reviewed the built form policies and testified how the required lot coverage of the proposal either conforms to the policies or is in line with similar development patterns in the neighbourhood.
22Ms. Humphries testified that the proposed development is transit supportive and is located within 100 metres of bus stops for buses going both northbound and southbound on Islington Avenue. The site has a sidewalk on both street frontages and short and long term bicycle parking is proposed on site.
23Ms. Humphries, in conclusion with respect to the WCSP, opined that;
Transit infrastructure is in place along Islington Avenue to serve the development. Short term outdoor parking is proposed at grade in the project which will enhance the experience for future residents and their visitors to use transit.
All service, loading and parking areas are located away from the node area at the rear of the project thereby enhancing the experience and safety of pedestrians.
24The Tribunal notes that the opinion evidence presented by Ms. Humphries was uncontroverted and unopposed. The parties have worked together to create a settlement that the Tribunal finds has due regard for the Provincial Interest, is consistent with the PPS; conforms with the Growth Plan, the YROP, and, except for the required amendment, conforms with the Vaughan Official Plan and represents good land use planning.
ORDER
25THE TRIBUNAL ORDERS THAT the Appeals are allowed in part and the Official Plan of the City of Vaughan is amended as set out in Attachment 1 to this Order.
26THE TRIBUNAL ORDERS THAT the appeals are allowed in part and the Zoning By-law No. 1-88 of the City of Vaughan is amended as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the City of Vaughan to assign a number to this by-law for record keeping purposes.
27THE TRIBUNAL ORDERS THAT the appeals are allowed in part and the Zoning By-law No. 001-2021 of the City of Vaughan is amended as set out in Attachment 3 to this Order. The Tribunal authorizes the municipal clerk of the City of Vaughan to assign a number to this by-law for record keeping purposes.
28Pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this ORDER shall be, and was, effective as of the date of the hearing of this Appeal, and the delivery of the Oral Decision and Order of the Tribunal, on April 26, 2023.
"Jatinder Bhullar"
JATINDER BHULLAR
MEMBER
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
THE CITY OF VAUGHAN
BY-LAW
BY-LAW NUMBER ###-2023
A By-law to adopt Amendment Number 84 to the Vaughan Official Plan 2010 for the Vaughan Planning Area.
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS FOLLOWS:
THAT the attached Amendment Number 84 to the Vaughan Official Plan 2010 of the Vaughan Planning Area, consisting of the attached text and Schedules “1”, “2”, “3” and “4”, is hereby adopted.
AND THAT this By-law shall come into force and take effect the day after the last day for filing a notice of appeal.
Enacted by City of Vaughan Council this XX day of XXXX, 2023.
Steven Del Duca, Mayor
Todd Coles, City Clerk
Authorized by OLT Order No. XXXX
Adopted by Vaughan City Council on
XXXX XX, 2023.
AMENDMENT NUMBER 84
TO THE VAUGHAN OFFICIAL PLAN 2010
OF THE VAUGHAN PLANNING AREA
The following text and Schedules “1”, “2”, “3” and “4” constitute Amendment Number 84 to the Official Plan of the Vaughan Planning Area.
Also attached hereto but not constituting part of the Amendment are Appendices “I” and “II”.
Authorized by OLT Order No. XXXX
Adopted by Vaughan City Council on
XXXX XX, 2023.
I PURPOSE
The purpose of this Amendment to the Vaughan Official Plan 2010 (VOP 2010) (the ‘Amendment’) is to amend the provisions of the Official Plan of the Vaughan Planning Area, specifically, Volume 2, Section 11.11, Policy 4.2.2.4 – “Site-Specific Policies”, Schedule 2 – “Land Use Plan”, Schedule 3 – “Density Plan”, and Schedule 4 – “Building Height Maximums”.
This Amendment will facilitate the following with respect to the Subject Lands identified as “Lands Subject to Amendment No. 84” on Schedules “1”, “2”, “3” and “4” attached here:
Redesignate the Subject Lands from Low-Rise Residential (2) to Low-Rise Residential (3);
Permit a maximum building height of 6-storeys;
Permit a maximum Floor Space Index (FSI) of 2.42 times the area of the lot; and
Permit a building setback of 2.7 metres from Islington Avenue all to facilitate the development of a low-rise residential apartment building at 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue.
II LOCATION
The lands subject to this Amendment, hereinafter referred to as the “Subject Lands”, are located on the southeast corner of Pine Grove Road and Islington Avenue, municipally known as 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue being Part of Lots 9 and 10, Concession 7, City of Vaughan, as shown on Schedule “1” attached hereto as “Lands Subject to Amendment No. 84.”
III BASIS
The decision to amend VOP 2010 is based on the following considerations:
Section 3 of the Planning Act requires that all land use decisions in Ontario “shall be consistent” with the Provincial Policy Statement, 2020 (PPS). The PPS provides policy direction on matters of provincial interest related to land use planning and development. The PPS is applied province-wide and provides direction to support strong communities, a strong economy, and a clean and healthy environment. The Amendment is consistent with the PPS, specifically Sections 1.1.3.1 to 1.1.3.4, 1.2.1 a), 1.4.3 c) to f) and 1.6.6.2 regarding: focusing development to Settlement Areas; efficient lands use patterns; transit supportive development; promoting intensification, redevelopment and compact form; coordination of infrastructure; providing an appropriate range and mix of housing options and densities where appropriate levels of infrastructure and public service facilities are available; and promoting the efficient use of both municipal and private sewage and water services. The Subject Lands are located within a Settlement Area as defined by the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2020 (Growth Plan), as amended, guides decision making on a wide range of issues, including economic development, land-use planning, urban form, and housing. Council’s planning decisions are required by the Planning Act to conform, or not conflict with, the Growth Plan. The Amendment conforms to the policy framework of the Growth Plan as the built form would efficiently intensify the Subject Lands. The Amendment will facilitate housing at a density supportive of the Growth Plan objectives, specifically Sections 1.2.1, 2.2.1(2)(a) and 2.2.2(2) regarding the achievement of complete communities, supporting a range and mix of housing options, directing the majority of growth to settlement areas and meeting minimum intensification targets. The Subject Lands are located within a Settlement Area and a Delineated Built-up area as defined by the Growth Plan, where intensification and the establishment of complete communities are encouraged.
The York Region Official Plan 2010 (YROP) guides economic, environmental and community building decisions across York Region. The Subject Lands are designated “Urban Area” on Map 1 - Regional Structure by the YROP which permits a range of residential, industrial, commercial, and institutional uses. Section 5.0 of the YROP states that “intensification within the Urban Area will accommodate a significant portion of the planned growth in the Region”. Section 5.3 of the YROP encourages intensification within built-up areas that maximizes efficiencies in infrastructure delivery and supports active and public transportation use. The Subject Lands abut Islington Avenue, under the jurisdiction of York Region with a planned 30 metre right-of-way and are serviced by York Region Transit. The Amendment would offer additional housing types in the form of one and two-bedroom residential apartments within the Urban Area that is transit supportive.
The Subject Lands are located within a “Community Area” by Schedule 1 - Urban Structure of VOP 2010 and are designated “Low-Rise Residential (2)” by VOP 2010, specifically Volume 2, Section 11.11 - “Woodbridge Centre Secondary Plan” (WCSP) and are located within the Islington Avenue Corridor (IAC), as shown on Schedule 5 – “Distinct Character Areas” of the WCSP. The Subject Lands are also identified as within the “Built-Up Valley Lands” by Schedule 2 – Natural Heritage Network. The IAC is intended to retain its low-density character while providing a mix of built forms, densities and uses that enhance the streetscape and pedestrian realm by permitting a range of Low-Rise Residential and Commercial Mixed-Use designations and generous front yard setbacks.
The Amendment is appropriate for the following reasons:
The development will support a height and density consistent with other approved developments along the IAC and facilitate an appropriate built form that utilizes the irregular shape of the Subject Lands while providing a transition to adjacent developments through a stepped building design.
The proposed land use designation of Low-Rise Residential (3) is contemplated within the IAC and its envisioned urban structure to support the distinct low-density character of the area by proposing a one-storey increase above the five-storey maximum height permissions of the Low-Rise Residential (3) designation and stepping down to five and four-storeys towards the existing townhouse development to the south.
The proposed front yard setback of 2.7 metres (to building columns) is required to provide room for the building footprint, while maintaining enough space for the rear access lane and underground parking ramp. The 3 metre setback to the building wall (excluding columns) is in line with the adjacent townhouse development to the south and will provide front facing ground floor units with walkways from Islington Avenue to proposed patios to contribute to the pedestrian focused streetscape character, consistent with the townhouses which provide a row of front facing units with walkways to their front doors from Islington Avenue.
The statutory Public Meeting was held on September 22, 2020. The recommendation of the Committee of the Whole to receive the Public Meeting report of September 22, 2020, and to forward a comprehensive report to a future Committee of the Whole meeting, was ratified by Vaughan Council on September 29, 2020. Vaughan Council on March 21, 2023 approved the recommendation in Communication C11, confidential memorandum from the Acting Deputy City Manager, Legal and Administrative Services & City Solicitor and the Deputy City Manager, Planning and Growth Management, dated March 21, 2023 with respect to Official Plan Amendment File OP.20.004 (Pristine Home (Pine Grove) Inc.).
York Region, on October 23, 2020, exempted Official Plan Amendment File OP.20.004 from Regional approval, in accordance with YROP 2010 Policy 8.3.8, as it does not adversely affect Regional planning policies or interests and is considered a matter of local significance.
IV DETAILS OF THE AMENDMENT AND POLICIES RELATIVE THERETO
The Vaughan Official Plan 2010 (VOP 2010) is hereby amended by:
Amending Schedule 2 “Land Use Plan” of Volume 2, Section 11.11 of VOP 2010, by redesignating the Subject Lands, identified on Schedule “1” hereto, from Low-Rise Residential (2) to Low-Rise Residential (3);
Amending Volume 2, Section 11.11 of VOP 2010, Policy 4.2.2.4 – “Site-Specific Policies” by adding the following policy, to be renumbered in sequential order:
“(OPA #84) b. 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue designated Low-Rise Residential (3):
i. A maximum FSI of 2.42 shall be permitted.
ii. Notwithstanding Section 4.2.2.3 c., a maximum building height of 6-storeys shall be permitted.
iii. Notwithstanding Section 4.2.4 (1), a minimum building setback of 2.7 metres from the Islington Avenue right-of-way is required.
Amending Schedule 3 “Density Plan” of Volume 2, Section 11.11 of VOP 2010, as identified on Schedule “3” hereto, to identify a maximum FSI of 2.42 times the area of the lot for the Subject Lands; whereas an FSI of 1 times the area of the lot is permitted;
Amending Schedule 4 “Building Height Maximums” of Volume 2, Section 11.11 of VOP 2010, as identified on Schedule “4” hereto, to identify a maximum Building Height of 6-storeys for the Subject Lands; whereas a maximum Building Height of 5-storeys is permitted.
V IMPLEMENTATION
It is intended that the policies of the Official Plan of the Vaughan Planning Area pertaining to the Subject Lands shall be implemented by way of an amendment to the City of Vaughan Comprehensive Zoning By-law 1-88, and Site Development Approval, pursuant to the Planning Act.
VI INTERPRETATION
The provisions of the Official Plan of the Vaughan Planning Area as amended from time to time regarding the interpretation of that Plan shall apply with respect to this Amendment.
APPENDIX I
The Subject Lands subject to this Amendment are located on the southeast corner of the intersection of Islington Avenue and Pine Grove Road, municipally known as 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue being Part of Lots 9 and 10, Concession 7, in the City of Vaughan.
The purpose of this Amendment is to redesignate the subject lands from Low-Rise Residential (2) to Low-Rise Residential (3), to permit a maximum building height of 6-storeys and Floor Space Index of 2.42 times the area of the lot, and to permit a building setback of 3 m from Islington Avenue.
On March 21, 2023, Vaughan Council approved the recommendation in Communication C11, confidential memorandum from the Acting Deputy City Manager, Legal and Administrative Services & City Solicitor and the Deputy City Manager, Planning and Growth Management, dated March 21, 2023 which endorsed approval of the Official Plan Amendment File OP.20.004 (Pristine Homes (Pine Grove) Inc.), to amend the City of Vaughan Official Plan 2010, specifically the Woodbridge Centre Secondary Plan, to redesignate the subject lands from Low-Rise Residential (2) to Low-Rise Residential (3), to permit a maximum permitted building height of 6-storeys and Floor Space Index of 2.42 times the area of the lot, and to permit a building setback of 2.7 m from Islington Avenue.
Attachment 2
THE CITY OF VAUGHAN
BY-LAW
BY-LAW NUMBER ###-2023
A By-law to amend City of Vaughan By-law 1-88, as amended.
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 an amendment to the Vaughan Official Plan adopted by Council but not approved at this time, with which the matters herein set out are in conformity;
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS FOLLOWS:
- That City of Vaughan By-law Number 1-88, as amended, be and it is hereby further amended by:
a) Rezoning the lands shown as “Subject Lands” on Schedule “E-1682” attached hereto as Schedule “1” from R2 Residential Zone to RA3(H) Apartment Residential Zone, with the Holding Symbol (H), and subject to site-specific Exceptions 9(1551), in the manner shown on the said Schedule “1”.
b) Adding the following paragraphs to Section 9.0 “EXCEPTIONS”:
“(1551) A. The following provisions shall apply to all the lands zoned RA3(H) Apartment Residential Zone with the Holding Symbol as shown on Schedule “E-1682”:
a) Lands zoned with the Holding Symbol “(H)” shall be used only for the production of field crops or a use legally existing as of the date of the enactment of this By-law.
b) The Holding Symbol “(H)” shall remain on the RA3(H) Apartment Residential Zone of the Subject Lands until such time as the following conditions are met:
i. Water and sanitary servicing capacity shall be identified for the Subject Lands and allocated by Vaughan Council;
ii. The Owner shall take all reasonable steps to secure an access easement over the private common element road of the abutting lands to the south in favour of the Subject Lands in order to create a shared access onto Islington Avenue. In the event that both the Owner and the City are unable to obtain the easement, this condition shall be deemed to have been automatically satisfied;
iii. The Owner shall address all comments to the satisfaction of the TRCA;
iv. The Owner shall submit and obtain approval of a Site Development Application to facilitate the Development, which shall also address all outstanding comments provided through Official Plan Amendment File OP.20.004 and Zoning By-law Amendment File Z.20.011; and
v. The Owner shall address all Noise Feasibility Study comments to the satisfaction of the Development Engineering Department.
“(1551) B. Notwithstanding the provisions of:
a) Subsection 3.8 a) and g) respecting Parking Requirements and Minimum Driveway Width;
b) Subsection 3.13 respecting Minimum Landscaped Area requirements;
c) Subsection 3.17 respecting Portions of Buildings Below Grade requirements;
d) Subsection 4.1.6 respecting Minimum Amenity Area requirements; and
e) Schedule “A” respecting the zone requirements in the RA3 Zone.
The following provisions shall apply to the lands shown as “Subject Lands” on Schedule “E-1682”:
ai) The following minimum residential and visitor parking space rates shall apply for an apartment building:
i. 1 residential parking space per unit
ii. 0.24 visitor parking spaces per unit
aii) A minimum driveway width of 6.0 m shall be required;
aiii) Bicycle parking shall be required, and the following minimum rates shall apply for an apartment building:
i. 0.5 long-term bicycle parking spaces per unit
ii. 0.1 short-term bicycle parking spaces per unit
bi) The following minimum landscape strips, along lot lines which abut a street line and shall be used for no other purpose other than landscaping, other than driveways, shall apply:
i. 1.5 m in width abutting the Front Yard
ii. 2.7 m in width abutting the Exterior Side Yard
iii. 0.17 m in width at the Sight Triangle
ci) The minimum setback from a lot line to the nearest part of a building below finished grade shall be 0.6 m;
di) A minimum amenity area of 12.8 m2 / unit shall be provided;
ei) The minimum lot area per unit shall be of 31 m2;
eii) The minimum required yards shall be:
i. Front Yard = 1.5 m
ii. Exterior Side Yard = 2.7 m
iii. Rear Yard = 1.15 m
iv. Sight Triangle = 0.17 m
v. Interior Side Yard = 0.0 m (architectural columns) and 4.4 m (building wall)
eiii) The maximum building height shall be 22 m.
Adding Schedule “E-1682” attached hereto as Schedule “1”.
Deleting Key Map 7B and substituting therefor the Key Map 7B attached hereto as Schedule “2”.
Schedules “1” and “2” shall be and hereby form part of this By-law.
Enacted by City of Vaughan Council this XX day of XXXX, 2023.
Steven Del Duca, Mayor
Todd Coles, City Clerk
Authorized by OLT Order No. XXXX
Adopted by Vaughan City Council on
XXXX XX, 2023.
SUMMARY TO BY-LAW XXX-2023
The lands subject to this By-law are located on the southeast corner of the intersection of Islington Avenue and Pine Grove Road, municipally known as 8337, 8341, 8345, 8349, 8353 and 8359 Islington Avenue being Part of Lots 9 and 10, Concession 7, City of Vaughan, Regional Municipality of York.
The purpose of this by-law is to rezone the lands subject to this By-law from R2 Residential Zone to RA3(H) Apartment Residential Zone, subject to site-specific Exceptions 9(1551) and with the Holding Symbol “(H)”. The amendment will permit the development of a 6-storey residential apartment building with 125 units and a Floor Space Index of 2.42 times the area of the lot.
The removal of the Holding Symbol “(H)” is contingent upon the following conditions being satisfied:
a) Water and sanitary servicing capacity shall be identified for the Subject Lands and allocated by Vaughan Council;
b) The Owner shall take all reasonable steps to secure an access easement over the private common element road of the abutting lands to the south in favour of the Subject Lands in order to create a shared access onto Islington Avenue. In the event that both the Owner and the City are unable to obtain the easement, this condition shall be deemed to have been automatically satisfied;
c) The Owner shall address all comments to the satisfaction of the TRCA;
d) The Owner shall submit and obtain approval of a Site Development Application to facilitate the Development, which shall also address all outstanding comments provided through Official Plan Amendment File OP.20.004 and Zoning By-law Amendment File Z.20.011; and
e) The Owner shall address all Noise Feasibility Study comments to the satisfaction of the Development Engineering Department.