ISSUE DATE: April 15, 2025

CASE NO.:

OLT-23-000891 OLT-23-000892

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

Applicant and Appellant:

5012526 Ontario Inc.

Subject:

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

Description:

To permit the development of two purpose built rental apartment buildings with heights of seven (7) and five (5) storeys consisting of 219 units

Reference Number:

OP.20.010

Property Address:

Part of Lot 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6, Plan 65R-32167

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-23-000891

OLT Lead Case No.:

OLT-23-000891

OLT Case Name:

5012526 Ontario Inc. v. Vaughan (City)

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

Applicant and Appellant:

5012526 Ontario Inc.

Subject:

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

Description:

To permit the development of two purpose built rental apartment buildings with heights of seven (7) and five (5) storeys consisting of 219 units

Reference Number:

Z.20.031

Property Address:

Part of Lot 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6, Plan 65R-32167

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-23-000892

OLT Lead Case No.:

OLT-23-000891

OLT Case Name:

5012526 Ontario Inc. v. Vaughan (City)

BEFORE:

W. DANIEL BEST MEMBER

Tuesday, the 15th day of April, 2025

THESE MATTERS having come on for public hearing to consider a settlement and the Tribunal having issued it’s Interim Order on August 6, 2024 withholding the issuance of its Final Order contingent upon confirmation by the City Solicitor of pre-requisite matters outlined in paragraph 46;

AND THE TRIBUNAL having been advised by the City Solicitor that such pre-requisite matters having been addressed;

THE TRIBUNAL ORDERS THAT the appeal of the Official Plan Amendment is allowed and the Official Plan for the City of Vaughan is amended as set out in Attachment 1 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;

AND THE TRIBUNAL FURTHER ORDERS THAT the appeal of the Zoning By-law Amendment is allowed and directs the municipality to amend By-law 1-88 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.

“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 “1”

THE CITY OF VAUGHAN

BY-LAW

A By-law to amend the Vaughan Official Plan 2010 for the Vaughan Planning Area, with Amendment Number XX as effected by the Ontario Land Tribunal.

WHEREAS applications for official plan and zoning by-law amendments were filed with respect to the subject lands at 320 Woodbridge Avenue, to permit a 5 and 7 storey residential apartment building;

AND WHEREAS the applications were appealed to the Ontario Land Tribunal as Case No. OLT-23-0000891, and the Tribunal has made an order with respect to the appeals; NOW THEREFORE the Ontario Land Tribunal ORDERS AS FOLLOWS:

THAT Amendment Number to the Vaughan Official Plan 2010 of the Vaughan Planning Area, as approved by the Ontario Land Tribunal Order dated

the th day of , 2025 (OLT File No. 23-000891), is attached hereto as Attachment “1”, consisting of the attached text and Schedules “1”, “2”, “3”, “4”, “5”,

“6”, “7”, “8” and Appendices “I” and “II”, and is effective XXXX;

Steven Del Duca, Mayor

Todd Coles, City Clerk

Authorized by the Decision of the Ontario Land Tribunal Issued , 20, Case No. OLT-

Effective Date of By-Law: , 20

Attachment “1” AMENDMENT NO. XX TO

THE VAUGHAN OFFICIAL PLAN 2010 OF THE VAUGHAN PLANNING AREA

The following text and Schedules “1”, “2”, “3”, “4”, “5”, “6”, “7” and “8”, constitute Amendment Number XX to the Official Plan of the Vaughan Planning Area.

Also attached hereto but not constituting part of the Amendment are Appendices “I” and “II”.

I PURPOSE

The purpose of this Amendment to the Vaughan Official Plan 2010 (‘VOP 2010’) is to amend the provisions of the Official Plan of the Vaughan Planning Area, specifically, Volume 2, Section 11.5 – Kipling Avenue Corridor Secondary Plan Policies to permit two

(2) rental apartment buildings on the Subject Lands.

This Amendment will facilitate the following with respect to the Subject Lands identified as, “Lands Subject to Amendment No.121” on Schedule “1” attached hereto:

Redesignate the Subject Lands from “Mid-Rise Mixed-Use” and “Low-Rise Residential B” to “Mid-Rise Residential” as shown on Schedule “2”, attached hereto.
Permit a maximum building height of 7 (seven) storeys (22.5 metres) for Building A and 5 (five) storeys (16 metres) for Building B and a maximum Floor Space Index (‘FSI’) of 2.22 times the area of the Subject Lands, as shown on Schedule “8”, attached hereto.
Permit non-residential uses at grade fronting Woodbridge Avenue in Building A. Permit a reduced front yard setback to Woodbridge Avenue, mid-rise buildings without podiums or green roofs, minor intrusions into the 45-degree angular plane and other site-specific amendments.
Permit amendments to the Rainbow Creek Neighbourhood South – South East Area policies, phasing policies, right of way policies, laneway policies, ground level use entrance policies and heritage conservation district policies.
Permit amendments to Mid-Rise Building Policies and Housing Policies of VOP 2010, Volume 1, to recognize the development and to ensure that the rental units

approved through this development remain rental units for a period of 20 years, following the date of occupancy.

Permit amendments to various maps of the Secondary Plan to recognize the site- specific conditions for the Subject Lands.
Require submission of an updated Air Quality Study to the satisfaction of the City at the site plan stage of the Applications, to justify any mitigation measures proposed from an air quality perspective to demonstrate consistency of the site plan application with the Provincial Planning Statement, 2024.

II LOCATION

The lands subject to this Amendment, hereinafter referred to as the “Subject Lands”, are located on the south side of Woodbridge Avenue, west of Kipling Avenue, being Part of Lots 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6 of Plan 65R-32167, City of Vaughan, as shown on Schedule “1” attached hereto as “Lands Subject to Amendment No. 121.”

III BASIS

The decision to amend VOP 2010 is based on the following considerations:

In accordance with Section 3 of the Planning Act, 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. Key policy objectives include building strong, healthy communities, the wise use and management of resources and protecting public health and safety.

Sections 1.1.1 and 1.1.3 of the PPS encourage: accommodating a market-based

range and mix of residential types to address the short-term and long-term projected needs of current and future residents, while using land use planning to promote transit-supportive development and intensification to minimize land consumption and servicing costs; focusing development to settlement areas to efficiently use land and resources; applying appropriate development standards to facilitate transit-supportive intensification and a compact form where future transit services are planned, and optimizing the use of existing infrastructure and public service facilities. Sections 1.1.1.c), 1.2.6 and 3.0 of the PPS encourage development land use patterns that safeguard the public health and safety of residents. Major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate risk to public health and safety.

The Subject Lands are located within a Settlement Area and the Delineated Built- Up Area. The development is consistent with the PPS because it utilizes land efficiently by providing a compact built form that is transit supportive and provides additional housing options by way of rental apartment units of various sizes within a community with existing infrastructure and services such as schools, parks, and shopping along Woodbridge Avenue. With respect to matters of public health and safety, the Owner shall demonstrate conformity with the PPS by providing an updated Air Quality Study at the site plan stage of the Applications. In consideration of the above and subject to the submission of an updated Air Quality Study to the satisfaction of the City, the development will be consistent with the PPS.

A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2020 (‘Growth Plan’), as amended, is intended to guide decisions on a wide range of issues including, economic development, land-use planning, urban form and housing. The Growth Plan provides a framework for managing growth in the Greater Golden Horseshoe, by encouraging the concentration of population and employment growth within settlement areas and promotes the development of complete

communities that offer a mix of housing types, access to local amenities and connections to municipal water and wastewater systems. Vaughan Council’s planning decisions are required by the Planning Act to conform to, or not conflict with the Growth Plan.

The Growth Plan’s emphasis on optimizing the use of the existing urban land supply represents an intensification first approach to development and city- building, one which focuses on making better use of existing infrastructure and less on continuously expanding the Urban Boundary. The Subject Lands are located within a “Settlement Area”. In accordance with Sections 2.2.1.3, 2.2.1.4 and 2.2.6 of the Growth Plan, complete communities shall be achieved by supporting a range and mix of housing and development shall be designed in a manner that supports active transportation and encourages integration and viability of sustained transit services. The development contributes to the achievement of a complete community by supporting a range and mix of housing types and unit size by providing a built form that utilizes the Subject Lands more efficiently and at a density that would meet the needs of future and current residents, where there is access to planned transit services, infrastructure is available and public services exist.

The York Region Official Plan (‘YROP 2010’) guides economic, environmental and community building decisions across York Region. The Subject Lands are designated “Urban Area” on Map 1: Regional Structure. The “Urban Area” permits a range of residential, industrial, commercial and institutional uses. Intensification with the “Urban Area” will accommodate a significant portion of the planned growth in the Region (Section 5.0). Intensification is encouraged within the built-up areas that maximizes efficiencies in infrastructure delivery and supports active and public transportation use (Section 5.3). The Subject Lands are located within a “Local Centre”, identified by VOP 2010. YROP 2010 provides policy direction for development in “Local Centres”, which are smaller in scale and scope than Regional Centres, but identified as a focal point for residential, human services,

commercial and offices activities for the surrounding community (Section 5.5). It further states that the appropriate level of development and density will depend on site-specific circumstances and the nature of the surrounding area. “Local Centres” are recognized for the role they plan in achieving the Region’s intensification objectives and will be addressed within local intensification strategies. The Amendment is consistent with the policy framework of the YROP 2010, specifically with the following policies:

Section 5.5.1 – That “Local Centres” and corridors serve as important neighbourhood focal points and mainstreets that provide a range of working, shopping, recreation, human services and housing opportunities with appropriate forms and scale that complement the surrounding community.
Section 5.5.5 – That the planning and implementation of “Local Centres” and Corridors shall be consistent with the intensification policies of Section

5.3 of this Plan.

The development achieves the objectives outlined in the policies above by providing additional housing options for the area within a “Local Centre” and utilizes a compact and transit-supportive built form, where there is existing infrastructure, public services and planned transit. On this basis, the Amendment conforms to YROP 2010. On July 5, 2022, York Region exempted this Amendment from Regional approval, in accordance with Regional Official Plan Policy 8.3.8 of YROP 2010, as it does not adversely affect Regional planning policies or interests.

The YROP 2022 was adopted by Regional Council on June 30, 2022 and was approved with modifications by the Ministry of Municipal Affairs and Housing on November 4, 2022. Transition provision (Section 7.4.13) of the YROP 2022 identifies that development applications which have not been deemed complete by the date of the Plan’s approval shall be subject to the policies of the Plan. The Application was deemed complete on October 30, 2020 and therefore subject to the YROP 2010; however, an analysis of YROP 2022 has been provided to

demonstrate that the development does not conflict with the policies of the YROP

The Subject Lands are designated “Urban Area” on Map 1: Regional Structure and designated as “Community Areas” on Map 1A – Land Use Designations and identified as “Built Up Area” on Map 1B – “Urban System Overlays”, in the YROP 2022. “Community Areas” form part of the “Urban Area” which accommodates the majority of residents, personal services, retail, arts, culture, recreational facilities and human service needs as well as employment opportunities. “Community Areas” shall provide a balance of residential uses including a wide range and mix of housing types, sizes, tenures that are affordable and compatible employment uses that provide services to residents (Section 4.2). The primary location for growth and development within the Region will take place within the Urban System, which includes the “Urban Area” (Section 4.1.1). Intensification within the Urban Area shall be in accordance with the Regional hierarchy which directs growth and density to strategic growth areas such as: Regional Centres, Major Transit Station Areas, Regional Corridors and Local Centres and Corridors (Section 4.4). The Subject Lands are partially located within a “Local Centre”, identified by VOP 2010. Local Centres serve as important neighbourhood focal points and mainstreets that provide a range of working, shopping, recreation, human services and housing opportunities with appropriate forms and scale that complement the surrounding community. Development within strategic growth areas such as Local Centres shall include: a mix of uses, range of unit sizes and housing tenure options, an urban built form that is transit supportive, massed, designed and oriented to people and creates active and attractive streets for all seasons with ground-floor uses such as retail, human and personal services (Section 4.4.24). The development achieves the objectives outlined in the policies above by providing additional housing options for the area at a higher density within a “Local Centre” that utilizes a compact, transit-supportive built form that is sensitive to and compatible with the existing context. On July 5, 2022, York Region exempted this Amendment from Regional approval, in accordance with Regional Official Plan Policy 7.3.8 of YROP 2022, as it does not adversely affect Regional planning policies or interests.

The Subject Lands are located within a “Local Centre” as identified on Schedule 1 – Urban Structure of VOP 2010 and located within the “Historic Woodbridge Village Local Centre” as shown on Figure 6 – Intensification Areas. “Local Centres” are identified by VOP 2010 as the mixed-use cores of their respective communities, that are predominantly residential in character but will also include a mix of uses to allow residents of the “Local Centre” and the surrounding community to meet daily needs close to where they live and work. “Local Centres” are meant to be pedestrian oriented places with good urban design and an intensity of development that is appropriate for supporting transit service (Section 2.2.5.7). The “Historic Village of Woodbridge Local Centre” is intended to be the main areas for local commercial activity and community facilities. This village core will experience development and/or intensification to varying degrees, as befits the local context. Development within this area is also subject to the Woodbridge Heritage Conservation District Plan.

The Subject Lands are designated “Mid-Rise Mixed-Use” fronting Woodbridge Avenue and “Low-Rise Residential B” at the rear, and subject to the policies of the Kipling Avenue Corridor Secondary Plan (‘KACSP’), in Volume 2, Section 11.5 of VOP 2010. The “Mid-Rise Mixed-Use” designation does not permit standalone residential uses (Section 11.5.16.10), and the “Low-Rise Residential” designation does not permit the proposed apartment-built form (Section 11.5.14.7), therefore the Owner sought to amend VOP 2010 to redesignate the Subject Lands to “Mid- Rise Residential” to permit the standalone 7-storey and 5-storey residential apartment built form on the Subject Lands. To recognize the previous mixed-use designation and acknowledge the “Local Centre” identity of the Subject Lands, an amendment to the “Mid-Rise Residential” designation is identified to permit non- residential uses at grade fronting Woodbridge Avenue, to maintain the possibility for a mix of uses on the Subject Lands in the future, should the need ever arise. Additional site-specific amendments including but not limited to policies regarding: mid-rise buildings, building height, setbacks, angular plane, laneway, ground level

use entrances and heritage district, are also identified to permit the development. These amendments are necessary to facilitate a transit-supportive, compact built form that is pedestrian oriented.

The Subject Lands are also located within the “Rainbow Creek Neighbourhood South Precinct” as identified by Map 11.5.B – Precincts and Gateways, in VOP 2010, Volume 2. This area has minimum policy requirements for development on the Subject Lands (Section 11.5.2.6) as well as a corresponding map (Map 11.5.N). The Rainbow Creek Neighbourhood South Precinct provides a transition in building scale in height towards the lower scale residences on Woodbridge Avenue and Kipling Avenue, with mid-density development (Section 11.5.2.5). The development conforms with the “Rainbow Creek Neighbourhood South Precinct” policies of the KACSP in the following ways:

by providing mid-density development within a “Local Centre” that is supportive of planned transit;
by providing connection to Kipling Avenue through an existing private condominium driveway, and;
by providing a pedestrian and bicycle trail to facilitate north/south pedestrian circulation to Woodbridge Avenue and the “Rainbow Creek Neighbourhood North Precinct”.

Section 11.5.2.7 of the KACSP also identifies phasing requirements for the Rainbow Creek Neighbourhood. Given that other landowners within the Rainbow Creek Neighbourhood were not ready to undertake development planning exercises for their properties, the requirement for a phasing plan was waived by Vaughan Council during settlement negotiations. As such, an amendment to VOP 2010 is required to recognize this commitment.

Additionally, in accordance with Section 7.5.1.8 of VOP 2010, Volume 1, as the development contemplates rental apartment units, an amendment is identified to ensure that units within the development remain as rental for a minimum of 20

years. A restrictive covenant will also be registered on title prior to final approval of the associated site plan application to protect these units as rental for a minimum of 20 years. This Amendment also includes amendments to various maps of the Secondary Plan to recognize the site-specific nature of the development.

The statutory Public Meeting was held on December 6, 2022. At the time of this meeting, Council identified that a working group be established with the applicant, residents, ratepayers and local and regional councillors, to continue negotiations regarding the issues. The recommendations of the Committee of the Whole to establish a working group, receive the Public Meeting report and forward a comprehensive report to a future Committee of the Whole meeting, was ratified by Vaughan Council on December 13, 2022. A Community Meeting to discuss the development was held on May 25, 2023, within the local community. On May 30, 2023, a Members Resolution was brought forward to the Committee of the Whole

(2) recommending that a further meeting by organized by the Local Councillor, ensuring that the requested staff members attend this meeting. On August 3, 2023, the Owner (5012526 Ontario Inc.) appealed Official Plan Amendment File OP.20.010 to the Ontario Land Tribunal (‘OLT’) on the basis that Vaughan Council had not made a decision regarding the application. A comprehensive report to approve Official Plan Amendment File OP.20.010, subject to modifications was forwarded to Committee of the Whole on March 5, 2024. The Committee deferred discussion of the application to the March 26, 2024 Council Meeting. On March 26, 2024, Vaughan Council considered a Confidential Memorandum which identified the following recommendations:

THAT Council receives Report 7, Item 2 of the March 5, Committee of the Whole (1), for information without direction on the recommendations as contained in that Report, and instead adopts the following recommendations as contained in this Communication.
THAT Legal Services attend the OLT in support of Council’s direction.
THAT recommendations no. 1 and 4 of this Confidential Communication be made public upon Council ratification.
On July 5, 2022, York Region exempted this Official Plan Amendment File OP.20.010 from Regional approval, in accordance with Regional Official Plan Policy 8.3.8 of YROP 2010, as it does not adversely affect Regional planning policies or interests.
This Amendment to VOP 2010 was approved by the Ontario Land Tribunal on

XXX, 2025 (OLT Case No. OLT-23-000891).

IV DETAILS OF THE AMENDMENT AND POLICIES RELATIVE THERETO

The following Schedules and Sections of VOP 2010 are hereby amended by:

1. Deleting Map 11.5.A Kipling Avenue - Land Use and substituting therefor Map

11.5.A Kipling Avenue – Land Use, attached hereto as Schedule “2”, thereby redesignating the Subject Lands from “Mid-Rise Mixed-Use” and “Low-Rise Residential B” to “Mid-Rise Residential” and add: “Lands Subject to Policy 11.5.31.2”.

Deleting Map 11.5.I – Building Frontages, Orientation and Corner Terminus Sites of Volume 2 of VOP 2010 and substituting therefor the Map 11.5.I – Building Frontages, Orientation and Corner and Terminus Sites, attached hereto as Schedule “3”, to amend the blue lines that represent “Building Frontage onto Public Realm” to reflect the development and to identify the Subject Lands as “Lands Subject to Policy 11.5.31.2”.
Deleting Map 11.5.J – Minimum Front-yard Building Setbacks of Volume 2 of VOP 2010 and substitute therefor the Map 11.5.J Minimum Front-yard Building Setbacks, attached hereto as Schedule “4”, to amend the red line that represents “3 m Setback” from the Subject Lands, and to identify the Subject Lands as “Lands Subject to Policy 11.5.31.2”.
Deleting Map 11.5.M – Kipling Avenue – Projected New Unit Counts and Density of Volume 2 of VOP 2010 and substitute therefore the Map 11.5.M Kipling Avenue – Projected New Unit Counts and Density, attached hereto as Schedule “5”, and to identify the Subject Lands as “Lands Subject to Policy 11.5.31.2”.
Deleting the Table associated with Map 11.5.M – Kipling Avenue – Projected New Unit Counts and Density of Volume 2 of VOP 2010 and substituting therefor the Table associated with Map 11.5.M Kipling Avenue – Projected New Unit Counts

and Density, attached hereto as Schedule “6”, to identify additional information as it relates to the Subject Lands.

Deleting Map 11.5.N – Kipling Avenue – The Rainbow Creek South Industrial Lands Low Density Residential Neighbourhood of Volume 2 of VOP 2010 and substituting therefor the Map 11.5.N – Kipling Avenue – The Rainbow Creek South Industrial Lands Low Density Residential Neighbourhood attached hereto as Schedule “7”, and to identify the Subject Lands as “Lands Subject to Policy 11.5.31.2”.
Add “Map 11.5.O” – Lands Subject to Policy 11.5.31.2 to Volume 2 of VOP 2010, to identify site specific provisions for the Subject Lands including: the Maximum Building Height (’H’) of 7 (seven) storeys (22.5 metres) for Building A and 5 (five) storeys (16 metres) for Building B and a maximum Floor Space Index (‘FSI’) of

2.22 times the net developable area of the Subject Lands, a private driveway and a pedestrian and bicycle trail as shown on Schedule “8”.

Amending Volume 2, Section 11.5 – Kipling Avenue Corridor Secondary Plan by adding the following policies, to be renumbered in sequential order:

“(OPA #121) 11.5.31.2 The following shall apply to the lands known as

Part of Lots 7 and 8, Concession 8, designated

as Parts 3, 4, 5, and 6 of Plan 65R-32167, identified as “Lands Subject to Policy 11.5.31.2”.

a) Notwithstanding the Rainbow Creek Neighbourhood South – South East Area Policy 11.5.2.6:

i. The lands are not required to develop comprehensively, considering the best future development scenario for the

easterly adjacent properties along Kipling Avenue and the westerly industrial properties along the river corridor.

ii. The pedestrian and bicycle trail as shown on Map 11.5.O – Lands Subject to Policy 11.5.31.2, will serve as the pedestrian connection for the Subject Lands.

iii. The promenade is not required on the Subject Lands. The abutting heritage building located at 3 Burton’s Lane is not required to be visible from Woodbridge Avenue.

iv. The Owner may not be required to provide historical recognition of 3 Burton’s Lane or the old C.P. Railway line on the Subject Lands.

v. Vehicular access to the residential units is not required to be located at the rear and can be provided from Woodbridge Avenue as shown on Map 11.5.O – Lands Subject to Policy 11.5.31.2.

b) Notwithstanding Low-Rise Residential B Policy

11.5.14.8 and Mid-Rise Residential Policies 11.5.17.2, 11.5.17.8, 11.5.17.9, Height Zones

Policies 11.5.21.1.f and 11.5.21.2.d and Mid- Rise Building Policy 9.2.3.5.b of Volume 1:

i. The maximum building height shall be

22.5 metres (7 storeys) without a podium for Building “A”, as shown on Map 11.5.O – Lands Subject to Policy 11.5.31.2, and minor intrusions may be permitted into

the 45-degree angular plane at the 7th storey for Building “A” along Woodbridge Avenue;

ii. The maximum building height shall be 16 metres (5 storeys) without a podium for Building “B” as shown on Map 11.5.O – Lands Subject to Policy 11.5.31.2.

c) Notwithstanding the Mid-Rise Residential Policy

11.5.17.5 and Minimum Building Front-yard Setbacks Policy 11.5.21.12.a and Map 11.5.J – Minimum Front yard Building Setbacks:

i. The minimum front yard setback shall be

2.0 metres from the ultimate right of way as shown on Map 11.5.O – Lands Subject to Policy 11.5.31.2.

d) Notwithstanding the Rainbow Creek Neighbourhood South – South East Policy

11.5.2.6.b and Mid- Rise Residential Policy

` 11.5.17.6:

i. The maximum density shall be 2.22 FSI

e) Notwithstanding the Rainbow Creek Neighbourhood South – South East Area Policy

11.5.2.6.b and Mid-Rise Residential Policies 11.5.17.7, the following uses shall be permitted:

i. Non-residential uses shall be permitted at grade for Building “A”, fronting Woodbridge Avenue, in accordance with Policies 11.5.11.2 and 11.5.16.7.

f) Notwithstanding Phasing Policies 11.5.2.6.a,

11.5.2.7.a to c and 11.5.28.2 a to c, these policies shall not apply to the Subject Lands.

g) Notwithstanding Map 11.5.H – Landmark Sites and Gateways and Signature Architecture Landmark Policy 11.5.9.4.e and Mid-Rise Building Policy 9.2.3.5.b of Volume 1:

i. Green roofs as outdoor amenity spaces and opportunities to landscape at each above grade level, shall not be required for the Subject Lands;

h) Notwithstanding Ground Level Use, Entrances Policy 11.5.21.14.e:

i. All residential units located at grade are not required to have direct entrance from the street for Building “B” and can front the private driveway as shown on Map

11.5.O – Lands Subject to Policy 11.5.31.2.

i) Notwithstanding Map 11.5.K – Views and Landmark Features and the Heritage

Conservation District (‘HCD’) Study Guidelines of Policies 11.5.23.5.b.ii and 11.5.23.5.e.ii.C:

i. The development is permitted to hide the contributing building municipally known as 3 Burton’s Lane from view of Woodbridge Avenue.

j) Notwithstanding the HCD Study Guideline Policy 11.5.23.5.d.ii:

i. Minor intrusions into the 7th storey of Building “A” may be permitted into the minimum 45-degree angular plane, measured from midpoint of roof from the abutting contributing building, municipally known as 3 Burton’s Lane.

k) Notwithstanding Phasing Policy 11.5.28.2.e.:

i. the Owner shall provide an updated Air Quality Study containing additional information and/or appropriate mitigation for the City’s review, through the associated site plan application process, to justify the decreased separation distances from industrial facilities, to the satisfaction of the City.

l) Notwithstanding Map 11.5.C – Block Pattern, Street Network and Linkages and Map 11.5.D – Street Network and Block Pattern, Street Network and Linkages Policy 11.5.3.1, Laneways Policy 11.5.3.22 and Transportation Policy 11.5.27.9.f:

i. the private driveway as shown on Map

11.5.O - Lands Subject to Policy 11.5.31.2, shall be permitted as a private laneway providing frontage for the development, except where the

development abuts Woodbridge Avenue, and shall not be required to provide vehicular connection north of the Subject Lands.

ii. the pedestrian and bicycle trail as shown on the Map 11.5.O – Lands Subject to Policy 11.5.31.2, may be converted into a north/south laneway that is shared with the abutting lands to the west to provide future vehicular connection to the Rainbow Creek North neighbourhood.

m) Notwithstanding Map 11.5.D – Street Network and Laneway Policy 11.5.3.24.d:

i. Burton’s Lane is not required to function as a key public access from Kipling Avenue to the Rainbow Creek neighbourhood, if the connection to the development as shown on Map 11.5.O – Lands Subject to Policy 11.5.31.2 is considered an unsafe condition by Transportation Engineering staff at

the City of Vaughan.

n) Notwithstanding Primary Streets Policy 11.5.3.9.a:

i. the protected Right of Way (‘R.O.W’) on Woodbridge Avenue, west of Kipling Avenue shall be 24 metres.

o) Notwithstanding Map 11.5.E – Open Space

Framework and Map 11.5.G – Pedestrian and Bicycle Trail Network:

i. the Open Space Trail and Proposed Pedestrian and Bike Trail traversing the Subject Lands and along the eastern boundary of the Subject Lands (as shown on Maps 11.5.E and 11.5.G), shall be provided by way of pedestrian and bicycle trail in the location shown on Map

11.5.O – Lands Subject to Policy 11.5.31.2.

p) Notwithstanding Housing Policy 7.5.1.8 of Volume 1:

i. the Owner shall register a restrictive covenant on title to the satisfaction of the City to ensure that the rental apartment units maintain their rental tenure for 20 years following the date of the occupancy certificate for each building.”

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 Zoning By-law 1-88, and Site Plan 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.

PORTER AVENUE WEST

WILLIAM STREET

BURTON'S LANE

THIS IS SCHEDULE '1'

TO OFFICIAL PLAN AMENDMENT No. 121

Metres

FILE: OP.20.010

RELATED FILE: Z.20.031

LOCATION: Part of Lots 7 and 8, Concession 8

APPLICANT: 5012526 Ontario Inc.

CITY OF VAUGHAN

Lands Subject to Amendment No. 121

"Policy 11.5.31.2"

Map 11.5.O

Lands Subject to Policy 11.5.31.2

Existing

Semi-Detached Buildings

Private Amenity Area

Main Entrance

Existing 5 - Storey

Condominium Building

Pedestrian and Bicycle Trail

5-Storey Residential Building (16m)

Building B

Private Driveway

Total Maximum FS I = 2.31

WILLIAM STREET

7-Storey Residential Building (22.5m)

Building A

2m BURTON'S LANE

Main 2m

Entrance

Metres

0 5 10 20

THIS IS SCHEDULE '8'

TO OFFICIAL PLAN AMENDMENT No. 121 ADOPTED THE DAY OF , 2024

FILE: OP.20.010

RELATED FILE: Z.20.031

LOCATION: Part of Lots 7 and 8, Concession 8

APPLICANT: 5012526 Ontario Inc.

CITY OF VAUGHAN

Lands Subject to Amendment No. 121

APPENDIX I

The Subject Lands are located on the north side of Woodbridge Avenue, west of Kipling Avenue, being Part of Lots 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6 of 65R- 32167, in the City of Vaughan.

The purpose of this Amendment is to amend Vaughan Official Plan 2010, Volume 2, Section 11.5 to specifically redesignate the Subject Lands from “Mid-Rise Mixed-Use” and “Low-Rise Residential B” with a maximum building height of 7 storeys for Building A and 5 storeys for Building B, with a maximum floor space index of 2.22 times the net developable area of the lot. This Amendment also permits various site-specific amendments for the Subject Lands for building height, density, setbacks, angular plane, the Rainbow Creek South Neighbourhood South East Area, phasing, laneway, ground level use entrance policies and heritage conservation district policies. This Amendment also permits amendments to the Vaughan Official Plan, Volume 1 with respect to housing policies and mid-rise buildings.

The Owner submitted Official Plan Amendment Application OP.20.010 to the City of Vaughan on October 1, 2020. The City of Vaughan deemed the Application complete on October 30, 2020. On August 3, 2023, the Owner appealed the Application to the Ontario Land Tribunal, citing the City’s failure to make a decision on the Application within the prescribed timelines of the Planning Act.

The Amendment was approved by the Ontario Land Tribunal, as the approval authority for this By-law (OLT Case No. OLT-23-000891) on XXXX.

APPENDIX II EXISTING LAND USES

OFFICIAL PLAN AMENDMENT No. 121

FILE: OP.20.010

RELATED FILE: Z.20.031

LOCATION: Part of Lots 7 and 8, Concession 8

APPLICANT: 5012526 Ontario Inc.

CITY OF VAUGHAN

Lands Subject to Amendment No. 121

THE CITY OF VAUGHAN

BY-LAW

A By-law to amend City of Vaughan By-law 1-88, as effected by the Ontario Land Tribunal.

WHEREAS applications for official plan and zoning by-law amendments were filed with respect to the subject lands at 320 Woodbridge Avenue, to permit a 5 and 7 storey residential apartment building;

THAT City of Vaughan By-Law 1-88, as amended, is further amended in

accordance with the Ontario Land Tribunal Order dated the th day of , 2025 (OLT File No. 23-000892), attached hereto as Attachment “1”, consisting of

the attached text and Schedules “1” and “2” and is effective XXXX.

Steven Del Duca, Mayor

Todd Coles, City Clerk

Authorized by the Decision of the Ontario Land Tribunal Issued , 20, Case No. OLT-

Effective Date of By-Law: , 20

Attachment “2”

THAT the 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 “M2 General Industrial Zone” and “M3 Transportation Industrial Zone” to “RA2 (H) Apartment Residential Zone” with the Holding Symbol “(H)”, with site-specific exceptions, as shown on Schedule “1”.

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

“(1578) A. The following provisions shall apply to all lands zoned with the Holding Symbol “(H)” as shown on Schedule E-1741”, 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 uses legally existing as of the date of the enactment of this By-law.

ii) Removal of the Holding Symbol “(H)” from the Subject Lands shall be contingent on the following:

a. Council adopts a resolution allocating sewage and water supply capacity for the Subject Lands in accordance with the City’s approved Servicing Capacity Distribution Policy;

b. The submission and acceptance of a revised Transportation Impact Study to the satisfaction of the Development Engineering Department that addresses outstanding comments;

c. The submission and acceptance of a Hydrogeological Report that meets all terms of reference as agreed upon under Appendix A and Appendix B of the Pre- Application Consultation (‘PAC’) Understanding for PAC.21.134 signed by the applicant dated March 12, 2022, all to the satisfaction of the Development Engineering Department;

d. The submission and acceptance of a revised Functional Servicing and Stormwater Management Report that includes the following information to the satisfaction of the Development Engineering Department:

i. Short-term construction and long-term dewatering discharge plans to an approved municipal sewer in coordination with discharge rates and recommendations required to be provided in a subsequent Hydrogeological Report noted herein as a separate holding condition (including any subsequent amendments and/or revisions); and;

ii. Municipal watermain reconstruction design within Woodbridge Avenue including plan and profiles, details plans, etc.

Should any municipal infrastructure improvements be identified external to the Subject Lands as required to service the development, the Owner shall enter into an Agreement with the City to secure for the design and construction of municipal works internal and/or external to the subject lands required to support the Proposed Development to the satisfaction of the City. The Agreement shall be registered on title to which it applies, and upon execution, the Owner shall satisfy conditions of the City, financial or otherwise, all to the satisfaction of the City;

e. The submission and acceptance of a revised Noise Report to the satisfaction of the Development Engineering Department, which includes the consultant’s recommendation as to whether the Subject Lands should be designated as a Class 1 or Class 4. If a Class 4 Area

designation is proposed to be applied to the Subject Site, the noise report will be required to be peer reviewed by a noise consultant retained by the City. Should a peer review of the noise report be required, the Owner is required to pay the review fee and a fee to amend the Noise By-law, in accordance with the City’s Fees and Charges By-law, to recognize the Class 4 designation for the Subject Lands;

f. The Owner provide a restrictive covenant on title or other agreement acceptable to the City to secure the tenure of the dwelling units within both proposed buildings as purpose-built rental units for a minimum of 20 years from the date of first occupancy of each respective building.

(1578) B. Notwithstanding the provisions of:

a) Section 2.0 respecting Definitions;

b) Section 3.8 a) and 4.1.4 b) respecting Parking and Driveway requirements;

c) Section 3.13 respecting Minimum Landscaped Area;

d) Section 3.14 b) and c) respecting Permitted Yard Encroachments and Restrictions;

e) Section 4.1.6, respecting Minimum Amenity Area; and

f) Schedule “A” respecting the zone standards in the “RA2 Apartment Residential Zone”;

the following provisions shall apply to the lands shown as “Subject Lands” on Schedule “E-1741”:

ai) For the purpose of this By-law, the following definitions shall apply:

i) DRIVEWAY – Means a vehicular accessway providing access from a street or private driveway.

ii) PARKING SPACE – Means a rectangular area measuring at least 2.7 metres by 5.7 metres, exclusive

of any aisles or ingress and egress lands, used for the temporary parking of motor vehicles;

iii) LONG-TERM BICYCLE PARKING SPACE – Means a

bicycle parking space located in a locked room within a building or part of a building, for the exclusive use of parking bicycles;

iv) SHORT-TERM BICYCLE PARKING SPACE – Means

a bicycle parking space that is equipped with a rack or stand designed to lock the wheel and frame of a bicycle;

v) AMENITY AREA – Means space outside a dwelling unit, within or outside the building designed for the passive enjoyment or active recreational needs of the residents and shall include a pedestrian and bicycle trail, and;

vi) VISION GLASS – Means any opening (window or door), that is transparent or translucent and intended for the passage of light, but does not include louvers, grills or opaque openings.

bi) For the purposes of this By-law, the following parking requirements shall apply:

i) The minimum parking space requirements are as follows:

a. Apartment Dwelling Residential – 0.7 space per dwelling unit

b. Apartment Dwelling Visitor – 0.2 space per dwelling unit

c. Long term Bicycle Parking - 0.5 space per dwelling unit

d. Short term Bicycle Parking - 0.1 space per

dwelling unit

e. The minimum width of an aisle providing access to a bicycle parking space shall be 1.75 metres.

f. The minimum dimensions of a parking space shall be provided in accordance with the following:

MINIMUM BICYCLE PARKING SPACE DIMENSION

Dimension

Minimum Requirement (m)

Length

1.8

Width

0.6

Vertical Clearance from Floor

1.9

MINIMUM VERTICAL BICYCLE PARKING SPACE DIMENSION

Dimension

Minimum Requirement (m)

Length or vertical clearance

1.9

Width

0.6

Clearance from Wall

1.2

g. For a stacked bicycle parking space, the minimum vertical dimension for each bicycle parking space shall be 1.2 metres and the minimum vertical clearance from the floor shall be 2.4 metres.

bii) For the purposes of this By-law, the following parking requirements shall apply:

i) An outdoor parking area is not required to have a landscape strip around the periphery and is not required to be screened from adjacent premises.

ci) For the purpose of this By-law, the following landscaping

requirements shall apply:

i) A strip of land not less than 2.0 metres in width shall be provided abutting Woodbridge Avenue. This shall not prevent the provision of walkways or driveways across the said strip.

ii) No landscape strip shall be required for any portion of the subject lands abutting a public laneway (Burton’s Lane).

di) For the purpose of this By-law, the following permitted yard encroachments and restrictions shall apply:

i) Exterior stairways providing access to a below grade parking area, shall be permitted in any yard provided they are no closer than 3 metres to any lot line.

ii) Exhaust vents and or shafts shall be permitted in any yard, except for the front yard, and shall be setback at least 3.0 metres from a lot line.

iii) No exhaust vents or shafts shall be located in the easterly side yard immediately abutting 7960 Kipling Avenue.

ei) For the purpose of this By-law, respecting minimum amenity areas, the following shall apply:

i) The minimum indoor amenity area shall be 460 m2 and may be located in one building to serve the development of the Subject Lands, and;

ii) The minimum outdoor amenity area shall be 2,100 m2 and shall include a pedestrian and bicycle trail running parallel to the westerly property line with a minimum width of 2.5 metres.

fi) Schedule ‘A’, respecting zone requirements, the following shall apply for lands within the RA2 Apartment Residential

Zone:

i) The minimum lot area shall be 32.47 m2 per unit;

ii) The minimum front yard shall be 2.0 metres;

iii) The minimum interior side yard shall be 1.5 metres to the main wall of a building, and;

iv) Any exterior wall within 1.50 metres of the eastern property line that abuts 7960 Kipling Avenue, shall be constructed with no vision glass, doors, or balconies.

c) Adding Schedule “E-1741” attached hereto as Schedule “1”.

d) Deleting Key Map 8B and substituting therefor Key Map 8B attached hereto as Schedule “2”.

2. Schedules “1” and “2” shall be and hereby form part of this By-law.

Private Amenity Area

Existing

Semi-Detached Buildings

Existing 5 - Storey

Condominium Building

Pedestrian and Bicycle Trail

5-Storey Residential Building (16m)

Building B

Private Driveway

RA2(H)

9(1578)

7-Storey Residential Building (22.5m)

Building A

BURTON'S LANE

THIS IS SCHEDULE 'E-1741' TO BY-LAW 1-88

SECTION 9(1578)

Subject Lands

Metres

THIS IS SCHEDULE '1' TO BY-LAW - 2024

0 12.5

25 50

PASSED THE DAY OF , 2024

FILE: Z.20.031

RELATED FILE: OP.20.010

LOCATION: Part of Lots 7 and 8, Concession 8

APPLICANT: 5012526 Ontario Inc.

CITY OF VAUGHAN

SIGNING OFFICERS

MAYOR CLERK

LANGSTAFF ROAD

OS1

9(439)

OS2

9(309)

OS1

9(760)

9(894)

OS2

9(894)

9(439)

9(290)

OS1

RM2

9(1388)

OS2

9(1247)

A R4

9(696)

9(328)

9(723)

9(328)

OS1

RM2

9(1386)

9(696)

9(328)

OS1

RA2

9(1272)

RA2

9(980)

OS2

9(134)

9(99)

R4 R3

9(99)

RA2 9(267)

9(1578)R3

EM2

OS1

9(1462)

A A

9(1054)

EM1

9(830)

EM2

9(208)

OS1

9(1462)

9(942)

EM1

9(1055)

A M2

9(122, 265) R4

RM2

9(1069)

9(39)

OS1

9(74)

9(849)

9(133)

HIGHWAY 7

C2 C6

9(95)

KEY MAP 8B BY-LAW 1-88

0 120

Metres

240 480

SUMMARY TO BY-LAW XXX-2025

The lands subject to this By-law are located on the north side of Woodbridge Avenue, west of Kipling Avenue, being Part of Lots 7 and 8, Concession 8, designated as Parts 3, 4, 5 and 6 of 65R- 32167, in the City of Vaughan.

The purpose of this by-law is to rezone the lands to this By-law from “M2 General Industrial Zone” and “M3 Transportation Industrial Zone” to “RA2 Apartment Residential Zone” with site-specific exceptions to permit 2 residential apartment buildings with maximum building heights of 7 storeys (22.5 m) for Building A and 5 storeys (16 m) for Building B with a total of 238 rental units with at grade parking and private amenity area, a pedestrian and bicycle trail and one level of underground parking. Site specific exceptions with respect to definitions, setbacks, encroachments, minimum amenity area and parking statistics have been made to permit the development.

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.

The Owner submitted Zoning By-law Amendment Application Z.20.031 to the City of Vaughan on November 10, 2020. The City of Vaughan deemed the Application complete on November 13, 2020. On August 3, 2023, the Owner appealed the Application to the Ontario Land Tribunal, citing the City’s failure to make a decision on the Applications within the prescribed timelines of the Planning Act.

The Amendment was approved by the Ontario Land Tribunal, as the approval authority for this By-law (OLT Case No. OLT-23-000892) on XXXX.

PORTER AVENUE

PORTER AVENUE WEST

BURTON'S LANE

LOCATION MAP

TO BY-LAW - 2024

Metres

30 60 120

FILE: Z.20.031

RELATED FILE: OP.20.010

LOCATION: Part of Lots 7 and 8, Concession 8

APPLICANT: 5012526 Ontario Inc.

CITY OF VAUGHAN

Subject Lands

N:\GIS_Archive\ByLaws\Z\2020-2024\Z.20.031\Z.20.031_ZBA_LocationMap.mxd Created on: 5/6/2024

5012526 Ontario Inc. v. Vaughan (City), 2025 CanLII 34523

Case Summary

Ontario Land Tribunal

BY-LAW

A By-law to amend the Vaughan Official Plan 2010 for the Vaughan Planning Area, with Amendment Number XX as effected by the Ontario Land Tribunal.

THE VAUGHAN OFFICIAL PLAN 2010 OF THE VAUGHAN PLANNING AREA

THIS IS SCHEDULE '1'

ADOPTED THE DAY OF , 2024

THIS IS SCHEDULE '2' TO THE

ADOPTED THE DAY OF , 2024

THIS IS SCHEDULE '3' TO THE

ADOPTED THE DAY OF , 2024

THIS IS SCHEDULE '4' TO THE

ADOPTED THE DAY OF , 2024

THIS IS SCHEDULE '5' TO THE

ADOPTED THE DAY OF , 2024

THIS IS SCHEDULE '6' TO THE

ADOPTED THE DAY OF , 2024

THIS IS SCHEDULE '7' TO THE

ADOPTED THE DAY OF , 2024

THIS IS SCHEDULE '8'

APPENDIX I

APPENDIX II EXISTING LAND USES

BY-LAW

A By-law to amend City of Vaughan By-law 1-88, as effected by the Ontario Land Tribunal.

Attachment “2”

BURTON'S LANE

THIS IS SCHEDULE '1' TO BY-LAW - 2024

PASSED THE DAY OF , 2024

SUMMARY TO BY-LAW XXX-2025

LOCATION MAP