United Parcel Service Canada Ltd. v. Vaughan (City), 2024 CanLII 65184

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 04, 2024

CASE NO(S).: OLT-22-000711

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant: United Parcel Service Canada Ltd. Subject: OPA 99 Description: To permit the development of a high-rise mixed-use building Reference Number: OP.21.028 Property Address: 2600-2700 Steeles Avenue Municipality: City of Vaughan OLT Case No: OLT-23-000711 OLT Lead Case No: OLT-23-000711 OLT Case Name: United Parcel Service Canada Ltd. v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant: United Parcel Service Canada Ltd. Subject: By-law No. 039-2023 Description: To permit the development of a high-rise mixed-use building Reference Number: Z.21.057 Property Address: 2600-2700 Steeles Avenue Municipality: City of Vaughan OLT Case No: OLT-23-000702 OLT Lead Case No: OLT-23-000711

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant: United Parcel Service Canada Ltd. Subject: By-law No. 040-2023 Description: To permit the development of a high-rise mixed-use building Reference Number: Z.21.057 Property Address: 2600-2700 Steeles Avenue Municipality: City of Vaughan OLT Case No: OLT-23-000703 OLT Lead Case No: OLT-23-000711

Heard: June 12, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
United Parcel Services Canada Ltd. (“Appellant”)	Tara Piurko, Jesse White
City of Vaughan (“City”)	Marc Kemerer, Zaynab Al-Waadh
Zancor Homes (Steeles) LP (“Applicant”)	Quinto Annibale, Brendon Ruddick
Canadian National Railway Company	Max Reedijk

DECISION DELIVERED JEAN-PIERRE BLAIS AND ORDER OF THE TRIBUNAL

Link to Order

Decision

1The Applicant seeks to redevelop a site at 2600 and 2700 Steeles Avenue West in the City (“Subject Property”) to construct, amongst other things, seven buildings with heights ranging from 12 to 59 storeys and providing approximately 3100 residential units. To this end, the Applicant had applied to amend the City’s Official Plan (2010-2020) (“City’s OP”) as well as the City’s Zoning By-law No. 1-88 and By-law No. 001-2021.

2On April 25, 2023, the City adopted Official Plan Amendment No. 99 (“OPA”), as well as By-laws No. 039-2023 and No. 040-2023 (together “ZBAs”). The OPA was approved by the Regional Municipality of York (“York Region”) on June 21, 2023.

3Following those approvals, appeals were brought by the Appellant pursuant to sections 17(36) and 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”). The Appellant’s distribution and storage facilities are located approximately 500 metres from the Subject Property. The third-party appeal raises issues relating to noise and transportation. Considering the recent coming into force of the Cutting Red Tape to Build More Homes Act, 2024, S.O. 2024, c 16, the Tribunal notes that, pursuant to a Tribunal decision issued on March 7, 2024, the appeals had been set down for a 13-day Merit Hearing starting on July 29, 2024.

4The Appellant, the Applicant and the City participated in a successful Tribunal assisted mediation.

5As a result, disposition of the matter comes before the Tribunal as a settlement on consent of all Parties. The Tribunal confirms that it has received, reviewed, considered and heard the following:

a. The uncontested opinion evidence of Kate Cooper, a professional land use planner with Bousfields Inc., contained in her comprehensive Affidavit sworn on June 11, 2024 and marked as Exhibit 1; Ms. Cooper was qualified by the Tribunal to provide expert opinion evidence in the field of land use planning;

b. Three City Council resolutions, namely: (i) a resolution dated April 16, 2024 designating the Subject Property as a Class 4 area pursuant to the Ministry of the Environment, Conservation and Parks Noise Guidelines NPC-300; (ii) a resolution dated April 22, 2024 adopting the recommendation contained in the report of the Deputy City Manager, Legal and Administrative Services & City Solicitor, and the Deputy City Manager, Planning and Growth Management, dated April 16, 2024; and, (iii) a resolution dated May 22, 2024 accepting a recommendation to exempt the Appellant from provisions of the City’s Noise By-law No. 12-2021, as amended, subject to amendments as may be proposed by the Deputy City Manager of Community Services at a future Council meeting.

6Under the proposed settlement, there are no changes to the OPA, and only minor changes to the ZBAs.

7The Tribunal accepts the opinion evidence of Ms. Cooper as presented orally and in her Affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Act, are consistent with the Provincial Policy Statement (2020), conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), conform to the York Region OP (2022), conform to the City’s OP, conform to the Steeles West Secondary Plan (2015), have regard to the York Region Transit-Oriented Development Guidelines (2006), have regard to the City’s Urban Design Guidelines, have regard to the Steeles West Urban Design and Streetscape Plan (2012-16), and otherwise reflect principles of good land use planning and design. Furthermore, considering the settlement has been endorsed by the City, the Tribunal makes its findings while exercising regard for the decision of the City pursuant to section 2.1(1)(a) of the Act.

8The Parties requested that the Tribunal withhold its Final Order until the City Solicitor has advised the Tribunal that the proposed amendment to Noise By-law No.12-2021, as amended, has come into force to exempt the Appellant from certain provisions thereof by way of a site-specific exemption.

ORDER

9THE TRIBUNAL ORDERS THAT:

a. The appeal pursuant to section 17(36) of the Act is dismissed, on an interim basis, contingent upon confirmation, satisfaction or receipt of the pre-requisite matter identified in paragraph e;

b. The Official Plan Amendment No. 99 for the City of Vaughan is approved in principle;

c. The appeals pursuant to section 34(19) of the Act are allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of the pre-requisite matter identified in paragraph e;

d. The Zoning By-law Amendments attached as Attachments 1 and 2 are approved in principle;

e. The Tribunal will withhold issuance of its Final Order contingent upon confirmation of the following pre-requisite matter, namely that the Tribunal is advised by the City of Vaughan’s Solicitor that the proposed amendment to Noise By-law No.12-2021, as amended, has come into force to exempt United Parcel Services Canada Ltd. from certain provisions thereof by way of a site-specific exemption;

f. If the Parties do not provide confirmation that the contingent pre-requisite to the issuance of the Final Order set out in the paragraph e has been satisfied, and do not request the issuance of the Final Order by Monday, December 16, 2024, then the Parties shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and issuance of the Final Order by the Tribunal; and,

g. The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine additional timelines and deadline for the satisfaction of the contingent pre-requisite, or the issuance of the Final Order.

10The Member will remain seized for the purposes of approving the final Official Plan Amendment and the Zoning By-law Amendment and the issuance of the Final Order.

11Tribunal may be spoken to if there are difficulties in satisfying the above condition for the issuance of the Tribunal's Final Order.

“Jean-Pierre Blais”

JEAN-PIERRE BLAIS 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

A By-law to amend City of Vaughan By-law 1-88.

1. 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 ‘1’ attached hereto from “EM1 Prestige Employment Zone” to “RA3 (H) Apartment Residential Zone” with the Holding Symbol “(H)” and “OS2 Open Space Park Zone”, in the manner shown on the said Schedule ‘1’.

b) Adding the following Paragraph to Section 9.0 “EXCEPTIONS”:

“(1559) A. The following provisions shall apply to all lands zoned with the Holding Symbol “(H)” as shown on Schedule “E-1691”, until the Holding Symbol “(H)” is removed pursuant to Subsection 36(1) or (3) of the Planning Act:

i) 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.

ii) Removal of the Holding Symbol “(H)” from the Subject Lands or a portion or Phase thereof shall be contingent on all of the following:

a) The Owner successfully obtaining the approval of a Draft Plan of Subdivision application for the development, or phase thereof, from City of Vaughan Council.

b) A Subdivision Agreement and any other agreement(s), have been executed and registered with respect to the Subject Lands, that includes but is not limited to:

i. securing the conveyance and construction of the public roads, the completion of the Municipal Greenway, Street ‘X’ and Street ‘D’;

ii. front-end financing and construction or cost-sharing provisions/ agreements, as required;

iii. the installation of the necessary municipal service and utilities, to the satisfaction of the City of Vaughan;

iv. the payment of cash-lieu of parkland and conveyance of public parkland as part of the first phase of development in accordance with Section 42 of the Planning Act, to the satisfaction of the City;

v. conditions satisfactory to the City respecting the matters related to park base conditions per City requirements including proof of filing of Records of Site Condition appropriate to the intended parkland use, geotechnical investigation and Phase 2 Environmental Site Assessment, grading, servicing;

vi. providing necessary easements for access, servicing utilities, maintenance, etc. to facilitate public access and routine operation and maintenance of the park; and

vii. providing necessary Access Agreement licenses or other access rights as reasonably required to allow the Owner to complete construction and development of the site, including, without limitation, rights for crane- swing, temporary storage, installation of tie-backs and shoring, the erection of temporary hoarding and fencing, and such provisions (including indemnity) as may be reasonably required by the City to ensure that the parkland is not damaged or contaminated by such activities and rights of access.

c) Water supply and sewage servicing capacity being identified and allocated by York Region and allocated to the Subject Lands, or portion thereof.

d) Provision of a Functional Servicing Report and a Stormwater Management Report of the Subject Lands, or portion thereof, to the satisfaction of the City of Vaughan.

e) Provision of amended Stormwater Management Strategy for the Steeles West Secondary Plan Area to the satisfaction of the City of Vaughan.

f) Provision of adequate site access(es), or acceptable interim alternative, for the Subject Lands, or portion thereof, to the satisfaction of the City of Vaughan and subject to review and approval by the City of Toronto.

g) For each phase of the development, as shown on Schedule "1" of this By-law, provision of a Transportation Impact Study to the satisfaction of the City of Vaughan and subject to review and approval by the City of Toronto.

h) For Phases 1 and 2 of the development, as shown on Schedule ‘1’ of this By-law, provision of a Detailed Phase Two Environmental Site Assessment Study, Remedial Action Plan (RAP) and any required remediations.

i) For Phases 3 and 4 of the development, as shown on Schedule ‘1’ of this By-law, provision of the following:

i. provision of adequate water and wastewater servicing in support of the subject lands, or portion thereof;

ii. provision of amended Wastewater Servicing Strategy and Functional Servicing Plan for the Steeles West Secondary Plan Area to the satisfaction of the City of Vaughan;

iii. The Owner shall agree to enter into an agreement with the City for design and construction of the required external sanitary servicing and wastewater improvements, to the satisfaction of the City, at no cost to the City; and

iv. Provision of Phase One ESA and if required, Phase Two Environmental Site Assessment Study, Remedial Action Plan (RAP) and any required remediations.

j) The Owner shall submit a detailed Phasing Plan to the satisfaction of the City of Vaughan.

k) Submission of a detailed noise impact assessment and provision of any recommended noise control measures, to the satisfaction of the City.

l) If necessary, the execution and registration on title of agreements between the Owner and owner(s) of neighbouring lands containing stationary noise sources to secure, maintain, and operate any noise mitigation measures which may be required.

m) The Owner and the City have agreed upon the appropriate Acoustical Class Area designation pursuant to the Ministry of the Environment, Conservation, and Parks (MECP) Noise Guideline NPC-300 (Stationary and Transportation Sources – Approval and Planning). If Class 4 is deemed appropriate, the Owner is required to successfully obtain a resolution passed by Vaughan Council classifying the Subject Lands as a Class 4 Area and that an amendment to the City’s Noise By-law Schedule 4 include the Subject Lands, conditional upon approval of the related Site Development Application.

n) For any soil and/or groundwater contamination identified at the Subject Lands, submission of a Remedial Action Plan (RAP), followed by the implementation of a RAP accepted by the City and the filing of a Record of Site Condition (RSC), in accordance with Ontario Regulation 153/04, on the Ministry of the Environment, Conservation and Parks (MECP) Environmental Registry.

o) The Owner shall submit and obtain approval of a Site Development application to facilitate the development or phase thereof, from the Deputy City Manager, Planning and Growth Management or designate, addressing all the comments provided through Official Plan and Zoning By-law Amendment Files OP.21.028 and Z.21.057.

p) The provision and/or securing of additional community facilities/ services including adequate school accommodation for students generated in this area, to the satisfaction of the City of Vaughan and the York Region District School Board.

q) The submission of an updated Quadrant Plan for the lands located within the Steeles West Secondary Plan, to the satisfaction of the City of Vaughan.

r) The submission of a conceptual Parks and Open Space Detailed Facility Fit Study/Plan to the satisfaction of the City of Vaughan.

s) That the Owner secure the endorsement of Hydro One Network Inc., Infrastructure Ontario and the provincial Property Manager for the Parkway Belt West Lands for the development.

t) That the Owner shall address, if required, the comments provided through the peer review of the Noise and Vibration report, to the satisfaction of CN Rail.

(1559) B. Notwithstanding the provisions of:

a) Subsection 2.0 respecting the Definition of “Amenity Area”, “Adult/Seniors Daycare”, “Live-work Dwelling”, “Parking Space”, “Retirement Residence”, and “Urban Square”;

b) Subsection 3.8, Paragraphs a), c), d) and g) respecting the Parking Requirements;

c) Subsection 3.9, Paragraph b) respecting the Loading Space Requirements;

d) Subsection 3.13 respecting the Minimum Landscaped Area;

e) Subsection 3.14, Paragraph a) respecting the Permitted Yard Encroachments and Restrictions;

f) Subsection 3.17 respecting the Portions of Buildings Below Grade;

g) Subsection 4.1.6 respecting Minimum Amenity Area;

h) Subsections 4.1.7 and 4.12 respecting permitted uses in an RA3 Residential Apartment Zone;

i) Subsections 7.1.1, 7.1.2 and 7.3 respecting permitted uses in the OS2 Open Space Park Zone;

j) Schedule “A” respecting the zone standards in the RA3 Apartment Residential Zone;

The following provisions shall apply to the lands shown as “Subject Lands” on Schedule “E-1691”:

ai) The following definitions shall apply:

i) AMENITY AREA – Means an indoor or outdoor shared communal space designed and maintained for active or passive recreational uses for residents of a dwelling or residential development but shall not include any exclusive area that is only accessible by an individual unit.

ii) ADULT/SENIORS DAYCARE – Means a planned programming of activities in a professional care setting designed specifically for older adults who require supervised care during typical working hours for those who are otherwise isolated. Services typically include planned activities in a group setting with a focus on social and recreational services, with limited health- related, therapeutic, personal care, or transportation services.

iii) LIVE-WORK DWELLING – Means a dwelling containing a business that is operated by at least one resident of the associated dwelling unit.

iv) PARKING SPACE – Means a rectangular area measuring at least 2.7 metres by 5.8 metres, exclusive of any aisles or ingress and egress lanes, used for the temporary parking of motor vehicles, and shall include a private garage or carport and private driveway leading thereto.

v) RETIREMENT RESIDENCE – Means premises containing semi‐independent living accommodations with central kitchen and dining facilities, common amenity areas, housekeeping services, and on-site medical services, but shall not provide the heightened level of services and support offered in a long‐term care facility. A retirement residence may include accessory personal service or retail uses for the residents.

vi) URBAN SQUARE – Means a publicly accessible and principally outdoor area that is used for public gathering, parks, temporary commercial vendors or markets, outdoor patio, performance and exhibition spaces, or similar activities, and may include privately owned public space or a breezeway.

bi) The following parking requirements shall apply:

i) the minimum parking space requirements for Block 1 are as follows:

a. residential – 0.40 spaces/dwelling unit.

b. visitor – 0.15 spaces/dwelling unit.

ii) the minimum parking space requirements for Block 2 are as follows:

a. residential – 0.30 spaces/dwelling unit.

b. visitor – 0.15 spaces/dwelling unit.

c. commercial – 0.72 spaces/100 m² of commercial gross floor area.

d. office – 0.50 spaces/100 m² of office gross floor area.

e. adult/seniors daycare and day nursery – 0.625 spaces per employee.

iii) the minimum parking space requirements for Block 3 are as follows:

a. residential – 0.20 spaces/dwelling unit.

b. visitor – 0.15 spaces/dwelling unit.

c. commercial – 0.79 spaces/100 m² of commercial gross floor area.

d. office – 0.50 spaces/100 m² of office gross floor area.

iv) the minimum parking space requirements for Block 4 are as follows:

a. residential – 0.10 spaces/dwelling unit.

b. visitor – 0.15 spaces/dwelling unit.

c. Commercial – 0.75 spaces/100m² of commercial gross floor area.

bii) the length of an accessible parking space shall measure 5.8 metres;

bail) the minimum width of a joint ingress and egress driveway to a parking area shall be 6 m;

ci) the minimum width of a driveway and/or aisle which serves the movement of trucks to and from a loading space shall be 6 m;

di) A strip of land not less than 5 m in width along a lot line which abuts a street line shall be used for no other purpose than landscaping;

ei) the maximum canopy projection into a required yard shall be 2 m;

fi) the minimum setback from the front and exterior lot line to the nearest part of a building below finished grade shall be 0 m;

gi) The following minimum amenity area requirements shall apply:

i) Block 1 – 5,855 m²

ii) Block 2 – 1,739 m²

iii) Block 3 – 2,297 m²

iv) Block 4 – 6,269 m²;

hi) The following additional uses shall be permitted in the RA3 Residential Apartment Zone:

• Hotel
• Independent Living Facility
• Live-work dwelling
• Retirement Residence
• Supportive Living Facility
• Taxi Stand or Station
• Urban Square

hii) The following additional uses shall be permitted in the RA3 Residential Apartment Zone on the ground floor of a mixed-use building only:

• Art Gallery
• Art Studio
• Brewers Retail Outlet
• Automotive Retail Store
• Banking or Financial Institution
• Convention Centre
• Eating Establishment
• Eating Establishment, Convenience
• Eating Establishment, Take-Out
• Fruit Stand
• Laboratory
• L.C.B.O. Outlet
• Museum
• Office
• Personal Service Shop
• Pet Grooming Establishment, to be contained within a wholly enclosed building
• Pharmacy
• Photography Studio
• Place of Amusement
• Place of Entertainment
• Place of Worship
• Post Office
• Print Shop
• Radio Transmission Establishment
• Retail Store
• Retail Store Service or Repair Shop
• Retail Nursery
• Restaurant
• Restaurant, take-out
• Supermarket
• Tavern
• Veterinary Clinic

hiii) The following additional uses shall be permitted in the RA3 Residential Apartment Zone in the first three (3) floors only of a mixed-use building:

• Auditorium
• Community Centre
• Lodge, Association or Institutional Hall
• Public Library
• Public School including a Day Nursery operating within the school
• Public, Technical or Private School
• Townhouse dwelling

hiv) The following additional uses shall be permitted in the RA3 Residential Apartment Zone in the first five (5) floors only (i.e. the podium) of a mixed-use building:

• Adult/Seniors Daycare
• Business or Professional
• Club or Health Centre
• Community Centre
• Day Nursery
• Office
• Office Building;

ii) an underground parking structure shall also be a permitted use in the OS2 Open Space Park Zone;

ji) the minimum lot area shall be 4.8 m²/unit;

jii) the minimum front yard setback for Blocks 1, 3, and 4 shall be 5 m;

jiii) the minimum rear yard setback for Blocks 1, 2, and 4 shall be 5 m;

jiv) the minimum interior side yard setback shall be 5 m;

jv) the minimum exterior side yard setback for Blocks 3 and 4 shall be 5 m;

jvi) the maximum building heights shall be in accordance with the building heights shown on Schedule “E-1691” of this By-law and as follows:

i) Block 1 – 180.5 m

ii) Block 2 – 95.5 m

iii) Block 3 – 159.0 m

iv) Block 4 – 192.5 m”

c) Adding Schedule “E-1691” attached hereto as Schedule ‘1’.

d) Deleting Key Map 4A and substituting therefor the Key Map 4A attached hereto as Schedule ‘2’.

2. Schedules ‘1’ and ’2’ shall be and hereby form part of this By-law.

SUMMARY TO BY-LAW

The lands subject to this By-law are located at 2600 and 2700 Steeles Avenue West, being Part of Lot 1, Concession 4, in the City of Vaughan.

The purpose of this By-law is to amend Zoning By-law 1-88 to rezone the Subject Lands from “EM1 Prestige Employment Area Zone” to “RA3 (H) Apartment Residential Zone” with a Holding Symbol “(H)” and “OS2 Open Space Park Zone”, together with site-specific zoning exceptions to permit a multi-phased high-rise mixed-use development with a maximum permitted building height of 59 storeys and a Floor Space Index of 12.86 times the area of the lot containing a total of 3,116 residential dwelling units, ground floor commercial/retail space, office space, an amenity hub, a dedicated daycare space for seniors and a dedicated daycare space for children, consisting of the following:

• Phase 1 - 55 and 52-storey residential apartment buildings (Towers A and B) connected by a 5-storey podium with a 4,000 m² (0.4 ha) Neighbourhood Square/Green (public park);

• Phase 2 - 27 and 12-storey residential mixed-use apartment buildings (Towers C1 and C2) connected by a 5-storey podium;

• Phase 3 - 57 and 59-storey residential mixed-use apartment buildings (Towers E and F) connected by a 5-storey podium; and

• Phase 4 - a 48-storey residential mixed-use apartment building with a 5-storey podium (Tower D).

The Holding Symbol “(H)” has been placed on the Subject Lands and shall not be removed from the Subject Lands or any portion thereof, until the conditions have been satisfied.

Attachment 2

A By-law to amend City of Vaughan By-law 001-2021, as amended.

1. That City of Vaughan By-law Number 001-2021, as amended, be and it is hereby further amended by:

a) Rezoning the lands shown as “Subject Lands” on Schedule 1 attached hereto from EM1 Prestige Employment Zone to HMU High-Rise Mixed-Use Zone with the addition of the Holding Symbol “(H)” and OS1 Public Open Space Zone subject to site specific zone exceptions, in the manner shown on Schedule 1.

b) Deleting Map 12 in Schedule A and substituting therefor Map 12 attached hereto as Schedule ‘2’.

c) Adding to Part 14 Exception Zones the following Exception Number 14.

14.1132 and corresponding Table: “14.1132

Exception Number 14.1132 Legal Description: 2600 and 2700 Steeles Avenue West By-law/Instrument No.: 032-2023 Date By-law/Instrument Passed: March 21, 2023 File No.: Z.21.057 Related File: OP.21.028 Applicable Parent Zone: OS1, HMU Schedule A Reference: 12

14.1132.1 Permitted Uses

1. The following provisions shall apply to the lands zoned with the Holding Symbol “(H)” as shown on Figure “E-1691”:

a. Lands zoned with the Holding Symbol “(H)” shall only be used for the production of field crops, or a use legally existing as of the date of the enactment of this By-law.

b. The removal of the Holding Symbol “(H)” from the Subject Lands or a portion or Phase thereof is contingent on satisfying the following conditions:

i. The Owner successfully obtaining the approval of a Draft Plan of Subdivision application for the Development, or phase thereof, from City of Vaughan Council.

ii. A Subdivision Agreement and any other agreement(s), have been executed and registered with respect to the Subject Lands, that includes but is not limited to:

a) securing the conveyance and construction of the public roads, the completion of the Municipal Greenway, Street ‘X’ and Street ‘D’;

b) front-end financing and construction or cost-sharing provisions/agreements, as required;

c) the installation of the necessary municipal service and utilities, to the satisfaction of the City of Vaughan;

d) the payment of cash-lieu of parkland and conveyance of public parkland as part of the first phase of development in accordance with Section 42 of the Planning Act, to the satisfaction of the City;

e) conditions satisfactory to the City respecting the matters related to park base conditions per City requirements including proof of filing of Records of Site Condition appropriate to the intended parkland use, geotechnical investigation and Phase 2 Environmental Site Assessment, grading, servicing;

f) providing necessary easements for access, servicing utilities, maintenance, etc. to facilitate public access and routine operation and maintenance of the park;

g) providing necessary Access Agreement licenses or other access rights as reasonably required to allow the Owner to complete construction and development of the site, including, without limitation, rights for crane-swing, temporary storage, installation of tie-backs and shoring, the erection of temporary hoarding and fencing, and such provisions (including indemnity) as may be reasonably required by the City to ensure that the parkland is not damaged or contaminated by such activities and rights of access;

iii. Water supply and sewage servicing capacity being identified and allocated by York Region and allocated to the Subject Lands, or portion thereof;

iv. Provision of a Functional Servicing Report and a Stormwater Management Report of the subject lands, or portion thereof, to the satisfaction of the City of Vaughan;

v. Provision of amended Stormwater Management Strategy for the Steeles West Secondary Plan Area to the satisfaction of the City of Vaughan;

vi. Provision of adequate site access(es), or acceptable interim alternative, for the Subject Lands, or portion thereof, to the satisfaction of the City of Vaughan and subject to review and approval by the City of Toronto;

vii. For each phase of the development, as shown on Schedule "1" of this By-law, provision of a Transportation Impact Study to the satisfaction of the City of Vaughan and subject to review and approval by the City of Toronto;

viii. For Phases 1 and 2 of the development, as shown on Schedule 1 of this By-law, provision of a Detailed Phase Two Environmental Site Assessment Study, Remedial Action Plan (RAP) and any required remediations;

ix. For Phases 3 and 4 of the development, as shown on Schedule 1 of this By-law, provision of the following:

a) provision of adequate water and wastewater servicing in support of the subject lands, or portion thereof;

b) provision of amended Wastewater Servicing Strategy and Functional Servicing Plan for the Steeles West Secondary Plan Area to the satisfaction of the City of Vaughan;

c) The Owner shall agree to enter into an agreement with the City for design and construction of the required external sanitary servicing and wastewater improvements, to the satisfaction of the City, at no cost to the City;

d) Provision of Phase One ESA and if required, Phase Two Environmental Site Assessment Study, Remedial Action Plan (RAP) and any required remediations;

The Owner shall submit a detailed Phasing Plan to the satisfaction of the City of Vaughan;

xvi. The provision and/or securing of additional community facilities/services including adequate school accommodation for students generated in this area, to the satisfaction of the City of Vaughan and the York Region District School Board;

xvii. The submission of an updated Quadrant Plan for the lands located within the Steeles West Secondary Plan, to the satisfaction of the City of Vaughan;

xviii. The submission of a conceptual Parks and Open Space Detailed Facility Fit Study/Plan to the satisfaction of the City of Vaughan;

xix. That the Owner secure the endorsement of Hydro One Network Inc., Infrastructure Ontario and the provincial Property Manager for the Parkway Belt West Lands for the Development; and

xx. That the Owner shall address, if required, the comments provided through the peer review of the Noise and Vibration report, to the satisfaction of CN Rail”.

2. The following uses shall not be permitted in the HMU High-Rise Mixed- Use Zone or the OS1 Public Open Space Zone, as identified on Figure “E-1691”:

a. Automotive Retail Store; b. Banquet Hall; c. Motor Vehicle Rental; d. Motor Vehicle Sales; and e. Retail Warehousing.

3. The following additional uses shall be permitted in the OS1 Public Open Space Zone, as identified on Figure “E-1691”: An underground parking structure.

14.1132.2 Lot and Building Requirements

1. The minimum amenity area shall be 5,855 m² for Block 1 as shown on Figure “E-1691”. Blocks 2, 3 and 4 shall each comply to the minimum amenity area requirements of By-law 001-2021.

The minimum setback of a below-grade parking structure shall be 0.0 m from the front lot line and the exterior lot line.

2. The following provisions shall apply to the lands zoned HMU High-Rise Mixed-Use, as shown on Figure “E-1691”:

a. The minimum rear yard for Blocks 1, 2 and 4 shall be 5.0 m;

b. The maximum podium height shall be 26.0 m;

c. The minimum tower setback from any rear lot line and interior side lot line shall be as follows:

i. Block 1 – interior side (east): 6.6 m;

ii. Block 1 – interior side (west): 12.0 m;

iii. Block 2 – interior side (east): 12.0 m;

iv. Block 2 – rear: 11.0 m; and

v. Block 4 – rear: 8.0 m;

d. The minimum landscape strip width abutting a street line shall be as follows:

i. Blocks 1, 3 and 4 – front lot line: 3.0 m;

ii. Blocks 2 and 3 – rear lot line: 3.0 m;

iii. Block 3 – exterior side lot line (north): 3.0 m; and

iv. Block 3 – exterior side lot line (south): 3.0 m;

e. The maximum canopy projection into a required yard shall be 2 m; and

f. The maximum permitted building height shall be as follows:

i. Block 1: 180.5 m;

ii. Block 2: 95.5 m;

iii. Block 3: 159.0 m; and

iv. Block 4: 192.5 m.

14.1132.3 Parking, Bicycle Parking, and Loading Requirements

1. The following parking requirements shall apply to the lands zoned HMU High-Rise Mixed-Use, as shown on Figure “E-1691”:

a. the minimum parking space requirements for Block 1 are as follows:

i. residential: 0.40 spaces per dwelling unit;

ii. visitor: 0.15 spaces per dwelling unit;

b. the minimum parking space requirements for Block 2 are as follows:

i. residential: 0.30 spaces per dwelling unit;

ii. visitor: 0.15 spaces per dwelling unit;

iii. commercial: 0.72 spaces / 100 m² of commercial gross floor area;

iv. office: 0.50 spaces / 100 m² of office gross floor area;

v. adult/seniors daycare centre: 0.625 spaces per employee;

c. the minimum parking space requirements for Block 3 are as follows:

i. residential: 0.20 spaces per dwelling unit;

ii. visitor: 0.15 spaces per dwelling unit;

iii. commercial: 0.79 spaces / 100 m² of commercial gross floor area;

iv. office: 0.50 spaces/100 m² of office gross floor area;

d. the minimum parking space requirements for Block 4 are as follows:

i. residential: 0.10 spaces per dwelling unit;

ii. visitor: 0.15 spaces per dwelling unit;

iii. commercial: 0.75 spaces / 100 m² of commercial gross floor area;

e. the minimum number of long-term bicycle parking spaces shall be 961;

f. the minimum number and type of loading spaces for non- residential uses shall be as follows:

Block 2: One (1) Type A and two (2) Type B loading spaces; and

i. ii. Block 3: Two (2) Type B loading spaces.

14.1132.5 Figures

Figure E-1691

2. Schedules ‘1’ and ‘2’ shall be and hereby form part of this By-law.

SUMMARY TO BY-LAW

The lands subject to this By-law are located at 2600 and 2700 Steeles Avenue West, being Part of Lot 1, Concession 4, in the City of Vaughan.

The purpose of this By-law is to amend Zoning By-law 001-2021 to rezone the Subject Lands from “EM1 Prestige Employment Zone” to “HMU (H) High-Rise Mixed-Use Zone” with the Holding Symbol “(H)” and “OS1 Public Open Space Zone” together with site- specific zoning exceptions to permit a multi-phased high-rise mixed-use development with a maximum permitted building height of 59 storeys and a Floor Space Index of 12.86 times the area of the lot containing a total of 3,116 residential dwelling units, ground floor commercial/retail space, office space, an amenity hub, a dedicated daycare space for seniors and a dedicated daycare space for children, consisting of the following:

• Phase 1 - 55 and 52-storey residential apartment buildings (Towers A and B) connected by a 5-storey podium with a 4,000 m2 (0.4 ha) Neighbourhood Square/Green (public park);

• Phase 2 - 27 and 12-storey residential mixed-use apartment buildings (Towers C1 and C2) connected by a 5-storey podium;

• Phase 3 - 57 and 59-storey residential mixed-use apartment buildings (Towers E and F) connected by a 5-storey podium; and

• Phase 4 - a 48-storey residential mixed-use apartment building with a 5-storey podium (Tower D).

The Holding Symbol “(H)” has been placed on the Subject Lands and shall not be removed from the Subject Lands or any portion thereof, until the conditions have been satisfied.