Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 22, 2024 CASE NO(s).: OLT-22-002905
PROCEEDING COMMENCED UNDER Subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Friends to Keep Vaughan Green
Applicant: Clubhouse Developments Inc.
Subject: Zoning By-law
Description: To permit the development of a 662-unit subdivision on the lands currently occupied by the Board of Trade Golf Course
Reference Number: ZBA 035-2022
Property Address: 20 Lloyd Street, 241 Wycliffe Avenue, 737 and 757 Clarence Street
Municipality/UT: Vaughan/York
OLT Case No. OLT-22-002905
OLT Lead Case No. OLT-22-002905
OLT Case Name: Friends to Keep Vaughan Green v. Vaughan (City)
BEFORE:
STEVEN COOKE Tuesday, the 2nd VICE-CHAIR day of July, 2024
THIS APPEAL of City of Vaughan Zoning By-law Number 035-2022 made by Friends to Keep Vaughan Green (the “Appellant”), having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on July 2, 2024;
THE TRIBUNAL having received the Affidavit of land use planner Billy Tung, MCIP, RPP, sworn June 21, 2024 in support of a settlement between the Appellant, Clubhouse Developments Inc. and the City of Vaughan, and having heard the evidence of Mr. Tung and the submissions of counsel in support of the settlement at the hearing on July 2, 2024;
Mr. Tung presented to the Tribunal a modified Zoning By-law on consent of all Parties, modifications to the originally proposed Zoning By-law Amendment. This includes items like lot specific setbacks to ensure adequate buffering. In addition the new proposal reduces the number of dwelling units from over 1000 to 662 units, and dedicates 72 hectors of Open Space/Park lands to the City.
Mr. Tung has persuaded the Tribunal by the evidence that the proposal promotes efficient development of land, accommodates a range of appropriate mixed uses, intensifies uses within the settlement area, and contributes to the range of housing options.
AND THE TRIBUNAL, finds that the proposal is consistent with the policy direction established by the PPS, and conforms to the relevant directives established by the GP, and as maintained by the OP. The Tribunal is further satisfied that the proposal has due regard for matters of Provincial interest, is consistent with the principles of good land use planning and is in the greater public interest. More significantly, the proposal furthers the goals and objectives of the Provincial planning regime to increase housing opportunities.
NOW THEREFORE
THE TRIBUNAL ORDERS that the Appellant’s appeal is allowed, in part, and Zoning By-law Number 035-2022, as amended, is approved in the form attached as Attachment "A” (Zoning By-law Amendment) to this Order; and
THE TRIBUNAL FURTHER ORDERS that it may be spoken to in the event any matter or matters should arise in connection with the implementation of this Order.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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 “A”
ZONING BY-LAW AMENDMENT
THE CITY OF VAUGHAN
BY-LAW
BY-LAW NUMBER 035-2022
A By-law to amend City of Vaughan By-law 1-88.
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, is hereby further amended by:
a) Rezoning the lands shown as “Subject Lands” on Schedule “1” attached hereto from “OS1” Open Space Conservation Zone” subject to Exception 9(263), “OS2” Open Space Park Zone, “R1” Residential Zone” subject to Exception 9(263) and 9(1090), R1V, Old Village Residential Zone, “R2” Residential Zone, and “A” Agricultural Zone to “RD3” Residential Detached Zone Three (H), “RT1” Residential Townhouse Zone (H), “OS1” Open Space Conservation Zone (H) and OS2 Open Space Park Zone (H), in the manner shown on the said Schedule “1”.
b) Adding the following Paragraph to Section 9.0 “EXCEPTIONS”:
“(1533) A. The following provisions shall apply to all lands zoned with the Holding Symbol “(H)” as shown on Schedule “E1664”, until the Holding Symbol (“H”) is removed pursuant to Subsection 36(3) or (4) of the Planning Act:
a) Lands zoned with the Holding Symbol “(H)” shall be used only for a use legally existing as of the date of the enactment of this By-law. A temporary sales office may be permitted.
b) Removal of the Holding Symbol “(H)” from the Subject Lands shall be contingent on the following:
i. Confirmation that the Remedial Action Plan is implemented.
ii. A copy of the Record of Site Condition (‘RSC’) acknowledged by the Ministry of the Environment, Conservation, and Parks (‘MECP’) and filed on the Environmental Site Registry confirming the subject lands are suitable for the proposed residential development.
iii. The Owner provides a revised Draft Plan demonstrating that the design and construction of the Street “1” alignment, and its intersection with Clarence Street, as well as its intersection with Street “4” / Street “3” are consistent with the City of Vaughan Engineering Standards and are to the satisfaction of Development Engineering; and
iv. The Owner agrees in the subdivision agreement to convey the necessary lands at Street “1” and Clarence Street intersection to the City adhering to the requirements of the City of Vaughan Engineering Standards including but not limited to the daylight triangles, right of way flaring, and 0.3m reserve;
B. Notwithstanding the provisions of:
a) Section 7.2, Subsection 7.2.1 and Section 7.3 respecting permitted uses in the “OS1” Open Space Conservation Zone and “OS2” Open Space Park Zone;
b) Subsection 4.22.3 and Schedule “A3”, respecting maximum building height and specific Zone requirements
c) Note 3 i) respecting the minimum interior side yard abutting a non-residential use in the “RD3” Residential Detached Zone Three and “RT1” “Residential Townhouse Zone;
d) Section 3.14, Subsection 4.1.4 and Subsection 4.22.3 and Schedule “A3” respecting encroachment and lot and area requirements in the “RD3” Residential Detached Zone Three and “RT1” Residential Townhouse Zone;
e) Section 3.14, Subsection 4.22.3 and Schedule “A3” respecting lot specific requirements in the “RD3” Residential Detached Zone Three and “RT1” Residential Townhouse Zone;
The following provisions shall apply to the lands shown as “Subject Lands” on Schedule “E-1664”:
ai) The following additional uses are permitted in the “OS1” Open Space Conservation Zone and “OS2” Open Space Park Zone:
- Local Off-leash dog park
- Outdoor fitness equipment
- Park Building (including washroom, storage, maintenance and mechanical rooms)
- Shade Structures/ Picnic Shelters
- Open lawn / informal play areas
- Court sports (basketball and or Tennis Courts or similar.
- Vehicular Parking with lighting
- Walkways/ pathways with pedestrian lighting
- Trail head Access
- Multi-use Recreational Trails (local and City-wide Vaughan Super Trail
- Other passive opportunities (e.g. nature appreciation)
bi) A maximum building height of 11.5 metres is permitted for lands zoned “RD3” Residential Detached Zone Three and “RT1” Residential Townhouse Zone.
bii) Notwithstanding bi) above, a dwelling is permitted to be a maximum of two storeys above grade for lands zoned “RD3” Residential Detached Zone Three.
ci) The minimum interior side yard shall be 1.2 metres on a lot abutting a non-residential use including a cemetery, walkway, Greenway, buffer block or stormwater management pond;
di) In addition to the requirements of Section 3.14, Permitted Yard Encroachments and Restrictions, encroachments (in addition to eaves and gutters) are permitted into the minimum required front yard, exterior yard, rear yard and into the minimum required interior side yard, or for a lot abutting a greenway, walkway, buffer block or stormwater management pond as follows:
i. an unenclosed porch (covered or uncovered) and cold cellar to a maximum of 2.5 metres, and eaves, gutters and steps may encroach an additional 0.5 metres;
ii. a 1.2 metre no encroachment zone shall be maintained inside the property line within the front yard and exterior yard, and within the interior side yard abutting a greenway, walkway, buffer block or stormwater management pond, and at a site triangle;
iii. the maximum finished floor elevation of an unenclosed porch (covered or uncovered, with or without a cold cellar) located in the front yard or exterior side yard, or in the interior side yard abutting a greenway, walkway, buffer block or stormwater management pond, shall not exceed 1.2 metres above finished grade.
iv. Exterior stairs providing access to a below grade floor can encroach into the required rear yard to a maximum of 2.5 metres;
dii) Notwithstanding the provisions of 3.13, a minimum landscape strip shall not be required along the lot line abutting a street line;
diii) Notwithstanding the provisions of 4.1.4, the frontage for Corner Lots with frontage of 12.0 metres and greater shall be comprised of a Minimum of 30% Landscaped Front yard and 50% of Landscaped exterior side yard and a minimum 60% of the Minimum Landscaped Front or Exterior side yard shall be soft landscaping.
ei) The rear lot line of lot 369 as shown on Schedule “E-1664” shall be deemed the most southerly lot line which adjoins with lot 370.
eii) The rear lot line of lot 302 as shown on Schedule “E-1664” shall be deemed the most northerly lot line.
eiii) The rear lot line of lot 385 shall be deemed as the most easterly point which adjoins lot 384 and the buffer block as shown on Schedule “E-1664”
eiv) A minimum lot depth of 20 metres is required for lots 369 and 385 as shown on Schedule “E-1664”:
ev) A minimum lot depth of 23 metres is required for lot 314 and lot 303 as shown on Schedule “E-1664”:
evi) A minimum lot depth of 18 metres is required for lots 334, 335, 336, 337 as shown on Schedule “E-1664”.
evii) For lots 150, 151, 152, 209, 230, 231 and 232 as shown on Schedule “E-1664” the following additional requirements apply:
a. A Soft Landscaping strip of 10 metres shall be required abutting the rear lot line;
b. Minimum Rear Yard Setback to Dwelling shall be 17.5 metres;
c. Notwithstanding the provisions of 4.1.1 f) to the contrary, the minimum Rear Yard setback to a Garden or Storage Shed shall be 10.6 metres;
d. Notwithstanding the provisions of 4.1.1 i) to the contrary, the minimum Rear Yard setback to a Swimming Pool shall be 11.5 metres;
e. Minimum Rear Yard Setback to all other accessory buildings or structures shall be subject to the required setback of the dwelling.
eviii) For lots 443, 448, 449 and 450 as shown on Schedule “E-1664” the following additional requirements apply:
a. A Soft Landscaping strip of 5 metres shall be required abutting the rear lot line;
b. For lot 443, the minimum Rear Yard Setback to Dwelling shall be 11.8 metres;
c. For lots 448, 449 and 450, the minimum Rear Yard Setback to Dwelling shall be 12.5 metres;
d. Notwithstanding the provisions of 4.1.1 f) to the contrary, the minimum Rear Yard setback to a Garden or Storage Shed shall be 5.6 metres;
e. Notwithstanding the provisions of 4.1.1 i) to the contrary, the minimum Rear Yard setback to a Swimming Pool shall be 6.5 metres;
f. Minimum Rear Yard Setback to all other accessory buildings or structures shall be subject to the required setback of the dwelling.
eix) For Block 576 as shown on Schedule “E-1664”, a Soft Landscaping strip of 5 metres shall be required abutting the rear lot line.
ex) Notwithstanding the provisions of 3.14 and 4.1.1, a retaining wall may include steps to provide access for maintenance.
exi) Notwithstanding the provisions of 3.14, a chimney or fireplace enclosure may project up to 0.6 metres into a required yard.
exii) Notwithstanding the provisions of Schedule “A3”, the minimum interior side yard setback to a door providing access to the dwelling or an attached garage shall be 1.2 metres.
c) Adding Schedule “E-1664” attached hereto as Schedule “1”.
d) Deleting Key Map 7B, Key Map 7C, Key Map 8B, Key Map 8C and substituting therefor the Key Map 7B, Key Map 7C, Key Map 8B, Key Map 8C attached hereto as Schedule “2”, Schedule “3”, Schedule “4” and Schedule “5”.
- Schedules “1”, “2”, “3”, “4” and “5” shall be and hereby form part of this By-law.
Enacted by City of Vaughan Council this 15th day of February, 2022.
Hon. Maurizio Bevilacqua, Mayor
Todd Coles, City Clerk
Authorized by Item No. 2 of Report No. 54 of the Committee of the Whole Adopted by Vaughan City Council on December 10, 2021.
SUMMARY TO BY-LAW 035-2022
The lands subject to this By-law are located east of Clarence Street, North of Woodbridge Avenue and South of Wycliffe Avenue street and are described as 20 Lloyd Street, 241 Wycliffe Avenue, 737 and 757 Clarence Street in LOT 46 AND BLOCK 162 M-2021 AND PART OF BLOCK 121, PLAN M-2023 AND PART OF CONCESSION 7 (STOPPED UP AND CLOSED BY BY-LAW 2858, INST. DS59649) AND PART OF LOT 10 AND 11 CONCESSION 8, CITY OF VAUGHAN.
The purpose of this by-law is to rezone the lands to this By-law from “OS1” Open Space Conservation Zone”, “OS2” Open Space Park Zone, “R1” Residential Zone” to “RD3” Residential Detached Zone Three, “RT1” Residential Townhouse Zone, “OS1” Open Space Conservation Zone and OS2 Open Space Park Zone, in the manner shown on the said Schedule “1” with site specific development standards. As well the zoning by-law permits a range of outdoor recreational uses, parks and trails for lands re-zoned “OS1” Open Space Conservation Zone and “OS2” Open Space Park Zone. This zoning by-law amendment corresponds with Application Files (Z.19.038, OP.19.014, 19T-19V007), of which recommendations were adopted by Council at the meeting of December 10, 2021.