Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 04, 2023

CASE NO(S).: OLT-21-001751

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

Applicant and Appellant: 1150 Centre Street GP Inc.

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

Purpose: To permit the development of a 12-storey mixed use building

Property Address/Description: 1150 Centre Street

Municipality: City of Vaughan

Municipality File No.: Z.21.028

OLT Case No.: OLT-21-001751

OLT Lead Case No.: OLT-21-001751

OLT Case Name: 1150 Centre Street GP Inc. v. Vaughan (City)

Heard: May 11, 2023, by video hearing

APPEARANCES:

Parties	Counsel
1150 Centre Street GP Inc. ("Applicant/Appellant")	C. Tanzola, N. Ast, co-counsel, J. Bujak
City of Vaughan ("City")	R. Kehar, E. Lidakis
MCC Properties Corp.	A. Biggart, C. Kapelos (in absentia)
Centre Street Properties Inc.	S. Lampert, M. Flowers (in absentia)
Brownridge Ratepayers Association	Sandra Racco*
Brian Leibtog	Self-represented
Yaroslav Zakrevsky	Self-represented
Barry Crystal	Self-represented

DECISION DELIVERED BY D. CHIPMAN AND G.A. CROSER ON MAY 11, 2023, AND ORDER OF THE TRIBUNAL

Link to Final Order

11150 Centre Street GP Inc. appealed a Zoning By-law Amendment ("ZBA") Application pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act") based on City's neglect to make a decision within 90 days of the date that the complete ZBA Application was filed.

2The subject lands are municipally known as 1150 Centre Street (the "Site") and are located on the northeast corner of Centre Street and Vaughan Boulevard.

3The ZBA Application proposes to rezone the Site under By-law No. 1-88 from "C1 Restricted Commercial Zone" to "RA3 Apartment Residential Zone" with the site-specific exceptions that would permit the proposed height and density of development contemplated to permit the development of a 12-storey mixed use building with 375 dwelling units and approximately 820 square meters ("sq m") of ground floor commercial/retail space, one 3-storey stacked back-to-back townhouse block containing 28 units, for a total of 403 residential units on the Site with a total Floor Space Index of 4.18 times the area of the lot.

4On the first day of the hearing, the Panel heard that a settlement had been achieved with MCC Properties Corp. with the outstanding issues raised having now been addressed. It was further noted, continued discussions towards a settlement with City were progressing on a positive note.

5Mr. Tanzola requested the Panel allow time within the days set aside for efforts to resolve the matter with the City of Vaughan which would, in turn, also resolve the matters that have been raised by the Brownridge Ratepayers Association and some of the neighboring homeowners.

6The Panel, having been encouraged by the progress of the discussions thus far, stood down allowing the Parties the opportunity to resolve the issues on their own.

7As a result of extensive discussions, the Appellant advised the Tribunal that the Parties had reached a settlement in principle. The following decision is based on the revised plans and the draft Zoning By-law Amendment presented.

Background and Site Description

8The previous Owner submitted a Site Development Application to permit a commercial development which included a 3-storey office building with ground floor retail uses on the Subject Lands. These applications were considered by City Council in 2015. The Owner did not finalize the necessary approvals for the commercial development and ultimately sold the property.

9On July 13, 2021, the Applicant filed an application for a ZBA to permit the redevelopment of the Site. The City deemed the Application complete on August 13, 2021.

10The Site is located at the northeast corner of Centre Street and Vaughan Boulevard, west of Bathurst Street. The Site is L-shaped with frontage of approximately 89 metres ("m") along Centre Street and 61 m along Vaughan Boulevard and a depth of approximately 130 m with a secondary frontage of approximately 61 m along Vaughan Boulevard.

11The Site is currently vacant and undeveloped with landscaping generally along the west, north and east boundaries. The lands currently do not include any curb cuts for vehicular access. Along Centre Street, the surrounding existing uses generally include low rise, auto-oriented commercial plazas with surface parking, however the north side of Centre Street in particular is planned to be developed with a mix of residential and commercial uses in mid-rise and high-rise forms (the "Centre Street Corridor"). In the vicinity of the Site, to the west is Vaughan Boulevard and back-lotted detached dwellings, with low-rise commercial and office buildings further west beyond Vaughan Boulevard. To the east of the Site is a low-rise commercial plaza with surface parking. To the north of the Site and south of the Site facing Centre Street are detached dwellings.

Planning Evidence

12The Panel had before it the Affidavit of Antonio Volpentesta, from the firm of Bousfields Inc., who is a Member of the Canadian Institute of Planners and a Registered Professional Planner. Mr. Volpentesta was qualified by the Tribunal to provide detailed contextual, land use planning evidence and rationale to support the proposed settlement.

13Mr. Volpentesta informed the Panel that on February 9, 2023, the Applicant submitted a Settlement Offer to the Parties. In support of the Settlement Offer, revised architectural plans prepared by BDP Quadrangle Architects dated April 4, 2023, (the "Revised Plans") were circulated to the City and Parties.

14The Revised Plans provide for a 12-storey mixed-use apartment building and a 3-storey townhouse block with 28 stacked back-to-back townhouses. The Settlement Proposal and Revised Plans contain various changes to the built form including:

a. west setback along Vaughan Boulevard has been increased from 3 m to 4 m at the ground floor and second floor levels;

b. along the east property line the townhouse block has been pushed back 1 additional metre to allow for landscaping between the building face and the property line;

c. units within the apartment dwelling have been reconfigured and the total unit count in the Revised Plans is now 414 units;

d. a setback has been provided above the 6th floor, and again above the 10th floor along Centre Street;

e. bike storage has been relocated from the second floor down to the ground floor level;

f. the exhaust vent previously located at the northwest corner of the Subject Site has been relocated to the east with additional screening to accommodate interface with the neighbour to the immediate north of the subject site.

15Collectively, the buildings now contain a total of 414 units dwelling units (inclusive of the 28 townhouse units), and a total Gross Floor Area ("GFA") of 33,186.2 sq m of residential space with 813.2 sq m of non-residential GFA resulting in a total GFA of 33,999 sq m. The Site will have a density of 4.19 Floor Space Index ("FSI"); provide additional outdoor amenity space on the 12th floor rooftop, increasing the total outdoor amenity area by 2.5 sq m of outdoor amenity space per unit and 2.0 sq m for indoor amenity space per unit.

16Through the Settlement Proposal, the revised plans will increase the setback of the balconies located at the southwest corner of the building on the third, fourth, fifth, and sixth floors to 0.7 m from the west property line.

17The total amount of car parking spaces has been adjusted to a total of 391 spaces proposed in a 3-level underground parking garage that will serve the 12-storey mid-rise mixed-use building and the townhouse block. The parking rates have been revised to provide 0.7 spaces per unit for residential parking, 0.2 spaces per unit for visitor parking and 2.0 spaces per 100 sq m of commercial GFA. The visitor and commercial parking spaces are not co-mingled. Further, 4 pick-up and drop-off visitor parking spaces have been provided at grade and form part of the 0.2 spaces per unit of visitor parking. Bicycle parking spaces continue to be proposed along with the provision of two loading spaces in accordance with current City requirements.

18Vehicular access will be limited to right-in, left-out movements from Vaughan Boulevard, with an access driveway with the width of 7.5 m. The physical details of this intersection will be determined at the site plan approval stage. This change was initiated to address concerns raised by area residents who expressed concern with excessive traffic flowing into the existing neighbourhood as a result of the right-out configuration.

POLICY AND REGULATORY CONTEXT

Matters of Provincial Interest under the Planning Act

19Mr. Volpentesta informed the Panel the settlement proposal and implementing ZBA have appropriate regard for matters of provincial interest, as set out in Section 2 of the Planning Act.

20The Settlement Proposal implements the orderly development of safe and healthy communities with densities and heights that were approved through the Centre Street Corridor Area Specific Plan which are reflected in the Official Plan. The site is in an appropriate location for growth and development, being in a Protected Major Transit Station Areas ("PMTSA"), along a Regional Corridor and in close proximity to higher order transit that it will support public transit, including the Taiga Bus Rapid Transit ("BRT") station located in close proximity to the Site.

21The Settlement Proposal creates a streetscape with landscape features, active commercial/retail space, bicycle parking, and parking facilities located primarily underground which promotes a built form that is designed to encourage a sense of place, that is oriented to pedestrians. Public spaces along the Centre Street frontage provide for accessible new commercial uses with appropriate setbacks to the public realm and appropriate interface to the surrounding low-rise residential neighbourhood.

Provincial Policy Statement 2020

22The Panel heard the Zoning By-law Amendment, reflective of the revised plans, is consistent with the Provincial Policy Statement 2020 (the "PPS"). In summary, Mr. Volpentesta testified to the importance of the PPS, and the relevant PPS framework as encouraging additional density in developed areas, creating new housing in a range of different buildings that address the need for different forms of housing alternatives, within areas with accessible means of transportation and access to public transit. Mr. Volpentesta asserted the Settlement Proposal accomplished the objective of the PPS in building strong and healthy communities, and therefore is consistent with the document.

Growth Plan for the Greater Golden Horseshoe, 2019, as amended ("GP")

23The Settlement Proposal conforms with the Growth Plan for the Greater Golden Horseshoe (2019), as amended. The Site is located within a "Strategic Growth Area", with a focus on accommodating intensification and higher-density mixed uses in a more compact built form that provides for a range of housing options and densities within a settlement area. It will diversify the existing housing stock which will accommodate current and future residents.

24The site is within 200 m of the Taiga BRT and part of the Protected Major Transit Station Areas ("PMTSA") and also part of the Highway 7/Centre Street rapid transit corridor.

Region of York Official Plan (2010) and Region of York Official Plan (2022)

25The Tribunal heard that the 2010 OP that was in force and effect the applications were submitted. Mr. Volpentesta opined, there are no significant differences between the OP policies of 2010 and 2022 as the settlement proposal conforms to both.

26Both OPs provide that, Regional Corridors function as urban main streets, containing compact, mixed-use, well-designed, pedestrian-friendly and transit-oriented built forms at a height and massing that optimize the use of land, resources and public infrastructure within the City's urban structure. It was the Planner's opinion that these planning directives have been met.

City of Vaughan Official Plan 2010 (VOP 2010) – Volume 1 and Volume 2

272010 OP Volume 1 designates the property mid rise mixed-use and low rise mixed-use on Schedule 13. Volume 2 identifies the property as being within the Centre Street area, which cites specific policies that identify regional intensification corridors will be the focus of intensification on lands adjacent to major transit.

28The Panel heard that the OP policies that apply to this site were amended in 2021 through a citywide exercise in addressing properties along Centre Street. The outcome of which determined OP on heights, densities and urban design policies that apply to this site.

29The ZBA application came forward following the resolution of that OP exercise which implemented the land use permissions that apply to the site. These permissions included a 12-story mid-rise building that respects the angular plane to the adjacent residential neighborhood, an interior portion of the site where low rise residential uses, in the form of three-story townhouses which has been pursued at the zoning by-law level along with several urban design policies. The settlement proposal takes into consideration the residential category and implements policy directions in the area specific policies for Centre Street.

30Mr. Volpentesta concluded the proposed ZBA provides for certain H-Holding provisions which are reflective of the settlement between the Appellant and the City of Vaughan. He stated that the Appellant intends to address as many of these H-Holding provisions as possible prior to the finalization of the final form of the ZBA with the City through the submission of additional technical reports and the advancement of its site plan approval application, such that all of the above noted H items may not be necessary in the final form of the ZBA.

31He concluded that the revised application has regard for the matters of provincial interest as set out in s. 2 of the Act, is consistent with the PPS, conforms to the GP, and conforms to the York Regional Official Plan ("YROP") and the Vaughan Official Plan ("VOP").

FINDINGS AND DISPOSITION

32In determining this matter, the Tribunal accepts and adopts the uncontroverted planning evidence and expert opinion provided by Mr. Volpentesta.

33The Tribunal, having regard for matters of provincial interest as set out in s. 2 of the Act, finds that the Settlement Proposal will result in the orderly development of a safe and healthy community, in an appropriate location for growth and development and will promote a built form that is well designed.

34The Tribunal finds that the Settlement Proposal is consistent with the PPS as it represents appropriate intensification located in a strategic growth settlement area, along a major arterial road within approximately 200 m of higher order public transit.

35The Settlement Proposal makes efficient use of existing municipal infrastructure with a diverse range of mix of housing accommodating the needs of all household sizes and incomes, while also accommodating growth to meet the intensification goals of the GP.

36The Tribunal finds that the settlement proposal conforms to the VOP, which designates the Subject Lands as being located within the Strategic Built-up Area within the Urban Area boundary of the City. The mixed-use built form is sensitive to and transitions to the neighbourhood to the north resulting in a new development that provides for a range of housing options, contributes to the creation of a complete community and facilitates the efficient and orderly development of land.

37The Panel, in consideration of the ZBA, finds that the ZBA appropriately implements the goals and principles of the VOP. The ZBA will facilitate a development of residential dwellings that is appropriate for the Subject Property.

38The Panel has considered the revisions being proposed to the Zoning By-law No.1-88 and is satisfied that the modifications are appropriate in nature. The Panel, in consideration of the above, finds that the settlement proposal represents good planning and is in the public interest. The Parties requested a final version of the proposed planning instrument be submitted to the Tribunal 120 days after the issuance of this Decision. The Panel agreed this could be accommodated.

INTERIM ORDER

39THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, on an interim basis, contingent upon receipt of those pre-requisite matters identified in paragraph 41 below, and that the Zoning By-law Amendment set out in Attachment 1 to this Interim Order are hereby approved in principle.

40The Tribunal will withhold issuance of its Final Order contingent upon confirmation from the City Solicitor, of the following pre-requisite matters:

a. The Tribunal has received, and approved, the Zoning By-law Amendment(s) submitted in a final form, confirmed satisfactory to the Planning Department, Development Engineering Department and the City Solicitor and;

b. The Tribunal has received confirmation that the contingent pre-requisites have been met, satisfactory to the Planning Department, Development Engineering Department and the City Solicitor:

i. sewage and water supply capacity has been assigned, in accordance with the City's approved Servicing Capacity Distribution Protocol, to the site, for the approved number of dwelling units, by resolution of City Council;

ii. the owner/Applicant agrees to revise the Functional Servicing and Stormwater Management Report prepared by Counterpoint Engineering" dated April 16, 2021, to address the applicable Development Engineering comments dated August 19, 2022 to Development Engineering's satisfaction;

iii. the owner/Applicant shall provide a letter of reliance that permits the City to rely on the provided ESA reports; the letters shall conform to the City's standard template and shall be signed by the environmental consultants undertaking the ESA reports;

iv. the owner/Applicant shall provide confirmation to the City that a Record of Site Condition ("RSC") for the Subject Property has been posted on the Environmental Site Registry of the Ministry of the Environment, Conservation and Parks (MECP), including an acknowledgement letter issued by MECP, should it be required as a result of a change to more sensitive land use as defined under O. Reg. 153/04, as amended or remediation of any portions of the site be required to meet the applicable Standards set out in the MOE document: Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act, as amended;

v. the owner/Applicant shall undertake an Environmental Noise Assessment for the Proposed Development and provide a detailed noise report to the satisfaction of the City's Development Engineering Department, that includes any recommended mitigation measures as required;

vi. confirmation that the Subject Property or the relevant portion thereof has been classified as a Class 4 area pursuant to Ministry of Environment Guideline NPC 300; and

vii. execution of an agreement satisfactory to the City which obligates the owner/Applicant in a site plan agreement or such other agreement satisfactory to the City to be registered on title to provide notice to any subsequent owner, as well as any prospective purchasers or tenants that the dwellings are located in a Class 4 Area, and to agree to register this notice and any and all warning clauses on title, and include them in any purchase and sale agreement and in any lease or rental agreement, to the satisfaction of the City's Planning Department.

41If the Parties do not submit the final draft of the Zoning By-law Amendment(s), and provide confirmation that the contingent pre-requisites to the issuance of the Final Order set out in paragraph [41] above have been satisfied, and do not request the issuance of the Final Order, by Friday, December, 1, 2023, 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(s) and request for issuance of the Final Order by the Tribunal. In the event the Tribunal fails to receive the required status report, and/or in the event that the contingent pre-requisites are not satisfied by the date indicated above, or by such other deadline as the Tribunal may impose, the Tribunal may then dismiss the Appeal.

42The Panel will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-law Amendment(s) and the issuance of the Final Order.

43The 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 and the satisfaction of the contingent pre-requisites to the issuance of the Final Order.

"D. Chipman"

D.CHIPMAN MEMBER

"G.A. Croser"

G.A. CROSER 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.