Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto, ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto, ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
June 30, 2025
TO: All recipients of the Ontario Land Tribunal Decision and Order issued on June 12, 2025
RE: OLT CASE NO.: OLT-22-002104, DECISION ISSUED ON June 12, 2025
On June 12, 2025, the Ontario Land Tribunal issued its Decision and Order (“Decision”) on the above noted case.
Rule 24.4 of the Ontario Land Tribunal’s Rules of Practice and Procedure (“Rule”) states that the Tribunal may at any time correct a technical or typographical error made in a decision or order.
The Tribunal has corrected the Decision under the authority of this Rule by amending the appended attachments from Schedule A1 – Schedule F4 to include the revisions done by the City of Vaughan.
A corrected version of the Decision issued on June 12, 2025, is enclosed with this communication. This enclosed Decision replaces the Decision and Order issued on June 12, 2025.
Thank you,
“Matthew Bryan”
MATTHEW BRYAN REGISTRAR
Encl.
Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 12, 2025 CASE NO(S).: OLT-22-002104
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1042710 Ontario Limited (aka Royal Centre) Appellant: 1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch Appellant: 1150 Centre Street GP Inc. Appellant: 1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. and others Subject: Zoning By-law Description: New City-wide comprehensive zoning by-law Reference Number: By-law 001-2021 Property Address: City Wide Municipality/UT: Vaughan/York OLT Case No: OLT-22-002104 OLT Lead Case No: OLT-22-002104 OLT Case Name: D'Aversa v. Vaughan (City)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1042710 Ontario Limited (aka Royal Centre) Appellant: 1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch Appellant: 1150 Centre Street GP Inc. Appellant: 1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. and others Subject: Zoning By-law Description: Transitional by-law Reference Number: By-law 039-2022 Property Address: City Wide Municipality/UT: Vaughan/York OLT Case No: OLT-22-003554 OLT Lead Case No: OLT-22-002104
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal No. 002701 to Comprehensive Zoning By-law 001-2021 by RP B3N Holdings Inc. in respect of lands legally described as Part of Lot 5, Concession 5, City of Vaughan, and approving certain amendments to Comprehensive Zoning By-law 001-2021 and consequential changes to Maps 31 and 51 in Schedule A to Comprehensive Zoning By-law 001-2021, attached as Exhibit “I” to the affidavit of Robert Rappolt affirmed May 15, 2025 and to dismiss the balance of Appeal No. 002701 to Comprehensive Zoning By-law 001-2021
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal No. 002775 to Comprehensive Zoning By-law 001-2021 by Liberata D’Aversa in respect of lands municipally known as 5317 Highway 7, City of Vaughan, repealing Section 14.573 as adopted on October 20, 2021 and approving certain amendments to Comprehensive Zoning By-law 001-2021 and consequential changes to Map 45 in Schedule A to Comprehensive Zoning By-law 001-2021, attached as Exhibit “L” to the affidavit of Robert Rappolt affirmed May 15, 2025 and to dismiss the balance of Appeal No. 002775 to Comprehensive Zoning By-law 001-2021
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal No. 002779 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004806 to Transition By-law 039-2022 by Doughton Residences Corp. in respect of lands municipally known as 216 and 220 Doughton Road, City of Vaughan, and approving certain amendments to Comprehensive Zoning By-law 001-2021 and consequential changes to Maps 31 and 32 in Schedule A to Comprehensive Zoning By-law 001-2021, attached as Schedule “P” to the affidavit of Robert Rappolt affirmed May 15, 2025, and dismissing the balance of Appeal No. 002779 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004806 to Transition By-law 039-2022
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal No. 002826 to Comprehensive Zoning By-law 001-2021 by Tony Nicoletti in respect of lands municipally known as 15 and 23 Clarence Street, and 56 Woodbridge Avenue, City of Vaughan, and approving certain amendments to Comprehensive Zoning By-law 001-2021 and consequential changes to Map 46 in Schedule A to Comprehensive Zoning By-law 001-2021, attached as Exhibit “R” to the affidavit of Robert Rappolt affirmed on May 15, 2025, and dismissing the balance of Appeal No. 002826 to Comprehensive Zoning By-law 001-2021
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal No. 002915 to Comprehensive Zoning By-law 001-2021 by Royal Group Inc. (NAPCO-Royal Pipe & Fittings) in respect of lands known as 101 Regalcrest Court, City of Vaughan, and Part of Lot 4, Concession 8, City of Vaughan, repealing Section 14.396 and Section 14.606 as adopted on October 20, 2021, and approving certain amendments to Comprehensive Zoning By-law 001-2021 (new Section 14.396 and Section 14.606 and a new exception in Section 14) and consequential changes to Maps 23 and 24 in Schedule A to Comprehensive Zoning By-law 001-2021, attached as Exhibits “T”, “U” and “V” to the affidavit of Robert Rappolt affirmed May 15, 2025, and dismissing the balance of Appeal No. 002915 to Comprehensive Zoning By-law 001-2021
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order to allow in part Appeal Nos. 002835, 002836, 002837 and 002838 to Comprehensive Zoning By-law 001-2021 by Blair Building Materials Inc., Coco Paving Inc., CRH Canada Group Inc. and Maple Industrial Landowners Group Inc., respectively, in respect of lands municipally known as 10275, 10311, 10335, 10345, 10351, 10431, 10445, 10475, 10495, 10525, 10533, 10545, 10547, 10557, 10651, 10695 an 10721 Keele Street, City of Vaughan, repealing Sections 14.97, 14.429 and 14.511 as adopted on October 20, 2021 and approving certain amendments to Comprehensive Zoning By-law 001-2021 (new Section 14.429 and Section 14.511 and a new exception in Section 14) and consequential changes to Maps 167, 168, 186, 187 and 207 in Schedule A to Comprehensive Zoning By-law 001-2021, attached as Exhibits “AA”, “BB”, and “CC” to the affidavit of Robert Rappolt affirmed May 15, 2025, and dismissing the balance of Appeal Nos. 002835, 002836, 002837 and 002838 to Comprehensive Zoning By-law 001-2021
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions to seek an Order, pursuant to subsection 34(31) of the Planning Act, that Comprehensive Zoning By-law 001-2021 is deemed to have come into force on the day that Comprehensive Zoning By-law 001-2021 was passed (October 20, 2021) for: i) the lands municipally known as 11650 and 11700 Keele Street, City of Vaughan, in respect of which lands Appeal No. 002783 of Comprehensive Zoning By-law 001-2021, filed by Bren-Croll Holdings Inc., has been withdrawn in writing filed with the Tribunal; ii) the lands municipally known as 3200 Highway 7, City of Vaughan, in respect of which lands Appeal No. 002762 of Comprehensive Zoning By-law 001-2021, filed by SmartCentres REIT, has been withdrawn in writing filed with the Tribunal; iii) the lands municipally known as 89-99 Nashville Road, City of Vaughan, in respect of which lands Appeal No. 002705 of Comprehensive Zoning By-law 001-2021, assumed by 2133904 Ontario Inc., has been withdrawn in writing filed with the Tribunal; iv) the lands municipally known as 11421 Weston Road, City of Vaughan, in respect of which lands Appeal No. 002758 of Comprehensive Zoning By-law 001-2021, filed by Armland Management Inc., has been withdrawn in writing filed with the Tribunal
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: ZZEN Group of Companies Limited Request for: Request for Directions to seek an Order, pursuant to subsection 34(31) of the Planning Act, that Transition By-law 039-2022 is deemed to have come into force on the day that Transition By-law 039-2022 was passed (March 22, 2022) for: i) the lands municipally known as 89-99 Nashville Road, City of Vaughan, in respect of which lands Appeal No. 004793 of Transition By-law 039-2022, assumed by 2133904 Ontario Inc., has been withdrawn in writing filed with the Tribunal; ii) the lands municipally known as 11421 Weston Road, City of Vaughan, in respect of which lands Appeal No. 004768 of Transition By-law 039-2022, filed by Armland Management Inc., has been withdrawn in writing filed with the Tribunal
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: ZZEN Group of Companies Limited Request for: Request for Directions for Appeal No. 002674 to Comprehensive Zoning By-law 001-2021 be considered at the next hearing event for proceedings bearing OLT Case Number OLT-25-000033, being an appeal by 2708971 Ontario Inc. of site-specific official plan and zoning by-law amendment applications for lands municipally known as 9650 Highway 27, City of Vaughan, for the purposes of considering consolidation or hearing together of the foregoing appeals
Heard: May 30, 2025 in writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Vaughan | P. Patterson, L. English, C. Tashos |
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A helpful summary of the context and extensive background on the history of this matter is set out in a previous Tribunal decision issued on August 25, 2023 (D’Aversa v. Vaughan (City), 2023 CanLII 78842 (ON LT)).
2In brief, the City of Vaughan (“City”) passed a Comprehensive Zoning By-law No. 001-2021 (“CZBL”) on October 20, 2021, which affects all properties in the City, with the exception of those lands in the Yonge Street and Steeles Avenue area known as the Yonge-Steeles Corridor Secondary Plan Area.
3At its meeting on March 22, 2022, the City enacted By-law No. 038-2022 to repeal the transition provisions in s. 1.6 of the CZBL and By-law 039-2022 to adopt new transition provisions for the CZBL in s. 1.6 (“Transition By-law”).
4There were a total of 130 appeals to the Tribunal related to the CZBL and a total of 46 appeals to the Tribunal related to the Transition By-law. In previous decisions, various panels of the Tribunal have provided detail with respect to how the CZBL and Transition By-law appeals have been case managed.
REQUESTED RELIEF
5The City filed a Motion Record with the Tribunal, which included a Notice of Motion of the City dated May 15, 2025 and the Affidavit of Robert Rappolt affirmed on May 15, 2025. Mr. Rappolt is a Registered Professional Planner and member of the Ontario Professional Planners Institute and has been previously qualified by the Tribunal to provide expert opinion evidence in land use planning for this matter. Mr. Rappolt provided a curriculum vitae and an executed Acknowledgement of Expert’s Duty, and based on a review of the foregoing, he was similarly qualified for the purposes of the present Motion.
6Through its written Motion materials, the City is making three requests of the Tribunal as detailed below, the first being that the Tribunal consider proposed amendments to the CZBL which form the basis of the settlements that will fully resolve the following appeals:
I. Appeal No. 002701 by RP B3N Holdings Inc. (“RP B3N”) with respect to the lands legally described as Part of Lot 5, Concession 5, City of Vaughan (“RP B3N lands”);
II. Appeal No. 002775 by Liberata D’Aversa (“Liberata”) with respect to the lands municipally known as 5317 Highway 7, City of Vaughan (“Liberata lands”);
III. Appeal No. 002779 by Doughton Residences Corp. (“Doughton”) with respect to the lands municipally known as 216 and 220 Doughton Road, City of Vaughan (“Doughton lands”);
IV. Appeal No. 002826 by Tony Nicoletti (“Nicoletti”) with respect to the lands municipally known as 15 and 23 Clarence Street and 56 Woodbridge Avenue, City of Vaughan (“Nicoletti lands”);
V. Appeal No. 002915 by Royal Group Inc., operating as NAPCO-Royal Pipe & Fittings (“Royal”) with respect to the lands legally described as Part of Lot 4, Concession 8, City of Vaughan and the lands municipally known as 101, 131 and 155 Regalcrest Court (“Royal lands”); and,
VI. Appeal No.s 002835, 002836, 002837 and 002838 by Blair Building Materials Inc. (“Blair”), Coco Paving Inc. (“Coco”), CRH Canada Group Inc. (“CRH”) and Maple Industrial Landowners Group Inc. (“MILG”) (together the “MILG Appellants”) with respect to lands municipally known as:
a. Blair – 10431 and 10445 Keele Street, City of Vaughan (“Blair lands”);
b. Coco – 10475 Keele Street, City of Vaughan (“Coco lands”);
c. CRH – 10351 Keele Street, City of Vaughan (“CRH lands”); and,
d. MILG – 10275, 10311, 10335, 10345, 10495, 10525, 10533, 10545, 10547, 10557, 10651, 10695 and 10721 Keele Street, City of Vaughan (“MILG lands”) (together the “MILG Appellants’ lands”).
7The above-noted Appellants all appealed the CZBL and Doughton also appealed the Transition By-law. If approved, the proposed amendments put forward in the settlement materials will fully resolve the CZBL appeals and the associated Transition By-law appeal, where applicable.
8Pursuant to s. 34(31) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), the second request is for an Order of the Tribunal to bring those parts of the CZBL and related Transition By-law into force on the day the CZBL and Transition By-law were passed (October 20, 2021 and March 22, 2022, respectively) pursuant to a number of withdrawals of appeals described in paragraphs [20] and [21] below relating to the following lands:
I. 11650 and 11700 Keele Street, City of Vaughan;
II. 3200 Highway 7, City of Vaughan;
III. 89-99 Nashville Road; and
IV. 11421 Weston Road.
9The City’s third request is that the Tribunal direct that Appeal No. 002674 of the CZBL filed by 2708971 Ontario Inc. be considered at the hearing event for Tribunal File No. OLT-25-000033, being an appeal filed by 2708971 Ontario Inc. of a site-specific application for land municipally known as 9650 Highway 7, City of Vaughan. This will ensure both matters are properly before the Tribunal to allow it to consider a request to consolidate or hear together the appeal of the site-specific proceeding with the CZBL proceeding thereby potentially resolving the appeal of the CZBL proceeding in whole or in part if the site-specific amendments are approved by the Tribunal.
SUBMISSIONS AND EVIDENCE
Proposed Amendments to the CZBL
10RP B3N appealed the CZBL raising concerns that it did not accurately reflect the site-specific development standards and mapping associated with the RP B3N lands. The proposed amendment relating to the RP B3N appeal will introduce a new exception and related figure to the CZBL with consequential amendments to Maps 31 and 51 of Schedule A to the CZBL all of which is set out in Schedules “A1” and “A2” attached to this Order.
11Liberata appealed the CZBL raising concerns that it did not accurately reflect the site-specific development standards and mapping associated with the Liberata lands. The proposed amendment relating to the Liberata appeal will repeal and replace Section 14.573 and related figure to the CZBL with a consequential amendment to Map 45 of Schedule A to the CZBL all of which is set out in Schedules “B1” and “B2” attached to this Order.
12Doughton appealed the CZBL raising concerns that it did not reflect the development potential of the Doughton lands. The approval sought from the Tribunal will provide corrections to accurately reflect the zoning of the Doughton lands as established by a prior Tribunal Order and reflect a minor increase to the maximum total number of residential units from 1,145 to 1,175, as approved by City Council. The proposed amendment relating to the Doughton appeal will introduce a new exception and related figure to the CZBL with consequential amendments to Maps 31 and 32 of Schedule A to the CZBL all of which is set out in Schedules “C1” and “C2” attached to this Order.
13Nicoletti appealed the CZBL raising concerns that it did not accurately reflect the permissions contained in the City of Vaughan Official Plan, 2010 (“VOP”) and Woodbridge Centre Secondary Plan for the Nicoletti lands. The proposed amendment relating to the Nicoletti appeal will introduce a new exception and related figure to the CZBL with a consequential amendment to Map 46 of Schedule A to the CZBL all of which is set out in Schedules “D1” and “D2” attached to this Order.
14Royal appealed the CZBL raising concerns that it did not reflect the development potential or existing zoning standards of the Royal lands. The proposed amendment relating to the Royal appeal will repeal and replace Sections 14.396 and 14.606 and related figures. In addition, a new exception and related figure to the CZBL will be introduced with consequential amendments to Maps 23 and 24 of Schedule A to the CZBL all of which is set out in Schedules “E1”, “E2”, “E3” and “E4” attached to this Order.
15The MILG Appellants appealed the CZBL raising concerns that it did not reflect the development potential or existing zoning standards for the MILG Appellants’ lands. The approval sought from the Tribunal will correct site-specific development standards and mapping of the CZBL to bring the zoning applicable to the MILG Appellants’ lands in line with the VOP. The proposed amendments relating to the MILG Appellants’ appeals will repeal and replace Sections 14.429 and 14.511 and related figures and repeal and not replace Section 14.97. In addition, a new exception and related figure to the CZBL will be introduced with consequential amendments to Maps 167, 168, 186, 187 and 207 of Schedule A to the CZBL all of which is set out in Schedules “F1”, “F2”, “F3” and “F4” attached to this Order.
16Mr. Rappolt opined that the proposed amendments set out in Schedules “A1” through “F4” to the Order (together the “proposed amendments”) have regard to s. 2 of the Act and overall, have regard for ss. 2(h), (m) and (n) of the Act by correcting discrepancies between previously approved and in-force zoning by-laws or official plan policies thereby ensuring orderly development and resolving planning conflicts between public and private interests.
17It is Mr. Rappolt’s opinion that the proposed amendments are consistent with the policies of the Provincial Planning Statement, 2024 (“PPS”) and he provided detailed analysis of relevant sections in his written Affidavit, including that the corrections contained in the proposed amendments provide for a coordinated approach to dealing with planning matters consistent with policy 6.2 of the PPS.
18Mr. Rappolt provided the opinion that the proposed amendments conform with the policies in the Region of York Official Plan 2010 (“Region OP 2010”), Region of York Official Plan 2022 as modified and approved by the Minister of Municipal Affairs and Housing on November 4, 2022 (“Region OP 2022”) and the VOP. Mr. Rappolt provided a detailed analysis and opinion on the conformity of the proposed amendments including, inter alia, that they permit residential, commercial and employment-oriented uses, or a mix thereof, thereby allowing a wide mix and range of housing types and establishing employment-oriented zones.
19In summary, Mr. Rappolt opined that the proposed amendments have regard to matters of Provincial interest, are consistent with the PPS and conform with the Region OP 2010, Region OP 2022 and VOP and overall represent good planning.
Withdrawn Appeals
20Forming part of the City’s requested relief as set out in paragraph [8] above, the following appeals of the CZBL and Transition By-law have been withdrawn:
I. Appeal No. 002783 by Bren-Coll Holdings Inc. with respect to lands municipally known as 11650 and 11700 Keele Street, City of Vaughan;
II. Appeal No. 002762 by SmartCentres REIT with respect to land municipally known as 3200 Highway 7, City of Vaughan;
III. Appeal No. 002705 and Appeal No. 004793 by 2133904 Ontario Inc. withdrawing from the CZBL appeal and the Transition By-law appeal respectively, with respect to lands municipally known as 89-99 Nashville Road; and,
IV. Appeal No. 002758 and Appeal No. 004768 by Armland Management Inc. withdrawing from the CZBL appeal and the Transition By-law appeal respectively, with respect to lands municipally known as 11421 Weston Road, City of Vaughan.
21The City requests that the Tribunal order that the CZBL and Transition By-law are deemed to have come into force on the days that they were passed, being October 20, 2021 and March 22, 2022 respectively, for the lands set out in paragraph [20] above. The City submits that s. 34(31) of the Act allows the Tribunal to make such an Order deeming any part of the CZBL and Transition By-law not in issue in the appeal in force on the day they were passed prior to the final disposition of the remaining appeals.
2708971 Ontario Inc. Appeals
22The final request set out in the City’s motion materials relates to Appeal No. 002674, being a CZBL appeal by 2708971 Ontario Inc. relating to lands municipally known as 9650 Highway 27, City of Vaughan.
232708971 Ontario Inc. also has a site-specific appeal bearing Tribunal File No. OLT-25-000033 relating to 9650 Highway 27, City of Vaughan. The City requests that the Tribunal ensure that 2708971 Ontario Inc.’s CZBL appeal and the site-specific appeal are both properly before the Tribunal in the upcoming Case Management Conference for the site-specific appeal which is scheduled for Thursday July 17, 2025 pursuant to the Tribunal’s Order issued on May 21, 2025 with respect to Tribunal File No. OLT-25-000033.
ANALYSIS AND DECISION
24The Tribunal confirms that it has received, reviewed and considered the materials and submissions which were contained in the City’s Motion Record.
Proposed Amendments to the CZBL
25For the following reasons, the Tribunal accepts the uncontested evidence of Mr. Rappolt and will grant the City’s Motion. The Tribunal finds that the proposed amendments to the CZBL and Transition By-law, where applicable, have regard to matters of Provincial interest pursuant to s. 2 of the Act, are consistent with the PPS and conform with the Region OP 2010, the Region OP 2022 and the VOP and overall represent good planning in the public interest.
26The Tribunal was persuaded by Mr. Rappolt’s written evidence that the proposed amendments would meet municipal and provincial planning objectives. Among other things, the proposed amendments assist in the orderly development of safe and healthy communities and resolve planning conflicts between public and private interests. Further, they permit a range and mix of residential land uses and a range of employment-related land uses, promote development that supports public transit by establishing higher density, mixed-use zones within Protected Major Transit Station Areas and further promote the efficient use of land, resources, infrastructure, public service facilities and existing and future transit.
27Based on the uncontested Affidavit evidence of Mr. Rappolt, the Tribunal approves the proposed amendments to the CZBL and Transition By-law, where applicable, having been satisfied that they meet all requisite legislative tests and are representative of good planning.
Withdrawn Appeals
28The Tribunal understands that Mr. Rappolt’s written evidence is supportive of the City’s submissions regarding the withdrawn appeals and request to bring into force those parts of the CZBL and Transition By-law affecting lands associated with the withdrawn appeals.
29Section 34(31) of the Act allows the Tribunal to make an Order, prior to the final disposition of all appeals, providing any part of a by-law not in issue in an appeal to be deemed to have come into force on the day the by-law was passed. In its Motion record, the City seeks an Order of the Tribunal pursuant to s. 34(31) of the Act.
30Based on the request of the City and the evidence in Mr. Rappolt’s written Affidavit, which included each of the withdrawal letters, the Tribunal finds that it is appropriate to deem the CZBL in force as of October 20, 2021 and the Transition By-law in force as of March 22, 2022 for the lands referred to in paragraph [20] above.
2708971 Ontario Inc. Appeals
31Based on the City’s submissions in its written Motion material, the Tribunal finds that it would be efficient and cost effective to have Appeal No. 002674 to the CZBL filed by 2708971 Ontario Inc. considered at the next hearing event for Tribunal File No. OLT-25-000033 being site-specific appeals filed by 2708971 Ontario Inc. relating to its lands municipally known as 9650 Highway 27, City of Vaughan. In order to ensure proper notice, the Tribunal will direct that a copy of this Motion decision and Order be sent to any Parties of Tribunal File No. OLT-25-000033 who are not also Parties to this Motion.
32The Tribunal will direct that Appeal No. 002674 to the CZBL shall be considered at the next hearing event for Tribunal Nile No. OLT-25-000033 scheduled for Thursday July 17, 2025 by video hearing as follows:
33Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
34Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
35Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: 1-647-497-9373 or (Toll-free) +1-888-299-1889. The Access Code is as indicated above.
36Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
37To be clear, through this Motion the Tribunal is not making a finding on whether the two matters will be heard together, consolidated or will remain separate proceedings. In this Decision, the Tribunal is simply directing that the two matters will be properly before the presiding Member so that any requests or Motions for hearing together or consolidation may be considered at that time.
ORDER
38THE TRIBUNAL ORDERS that:
I. The following Orders recorded in this Decision and approval of portions of the City of Vaughan Comprehensive Zoning By-law 001-2021(“CZBL”) and the City of Vaughan By-law 038-2022 (“Transition By-law), where applicable, as attached hereto as Schedules A1 through F4 are without prejudice to the disposition of any other appeals of the CZBL and Transition By-law and any unapproved potions thereof, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the City of Vaughan will not take the position that the Tribunal ought not to approve the amendments to the CZBL or Transition By-law on the basis that such amendments deviate from or are inconsistent with the amendments attached hereto as Schedules A1 through F4 as brought into force by these Orders. This does not affect the City of Vaughan’s right to assert that the CZBL or Transition By-law as amended by Schedules A1 through F4 hereto, to the extent brought into force by these Orders, should be applied to specific sites or areas without amendments on the basis that doing so is consistent with the Planning Act and provincial policies, conforms to provincial and official plans, and/or constitutes good planning; and
II. Notwithstanding these Orders, the Tribunal maintains the jurisdiction to consider and approve amendments to the CZBL and Transition By-law as amended herein, as may be appropriate to dispose of any remaining outstanding appeals before the Tribunal.
RP B3N Holdings Inc. (Appeal No. 002701)
III. Appeal No. 002701 in Tribunal File No. OLT-22-002104 to the CZBL being an appeal by RP B3N Holdings Inc. is allowed in part and the CZBL is amended as follows:
a. A new Exception is added to Chapter 14 of the CZBL, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Schedule A1 to this Order;
b. Schedule A - Maps 31 and 51 are amended in the form set out in Schedule A2 to this Order;
IV. In all other respects, the Tribunal orders that Appeal No. 002701 to the CZBL is dismissed.
Liberata D’Aversa (Appeal No. 002775)
V. Appeal No. 002775 in Tribunal File No. OLT-22-002104 to the CZBL being an appeal by Liberata D’Aversa is allowed in part and the CZBL is amended as follows:
a. Exception 14.573 is repealed and replaced with a new Exception 14.573 in the form set out in Schedule B1 to this Order;
b. Schedule A - Map 45 is amended in the form set out in Schedule B2 to this Order;
VI. In all other respects, the Tribunal orders that Appeal No. 002775 to the CZBL is dismissed.
Doughton Residences Corp. (Appeal No. 002779 and Appeal No. 004806)
VII. Appeal No. 002779 in Tribunal File No. OLT-22-002104 to the CZBL and Appeal No. 004806 in Tribunal File No. OLT-22-03554 to the Transition By-law being appeals by Doughton Residences Corp. are allowed in part and the CZBL and Transition By-law are amended as follows:
a. A new Exception is added to Chapter 14 of the CZBL, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Schedule C1 to this Order;
b. Schedule A – Maps 31 and 32 are amended in the form set out in Schedule C2 to this Order;
VIII. In all other respects, the Tribunal orders that Appeal No. 002779 to the CZBL and Appeal No. 004806 to the Transition By-law are dismissed.
Tony Nicoletti (Appeal No. 002826)
IX. Appeal No. 002826 in Tribunal File No. OLT-22-002104 to the CZBL being an appeal by Tony Nicoletti is allowed in part and the CZBL is amended as follows:
a. A new Exception is added to Chapter 14 of the CZBL, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Schedule D1 to this Order;
b. Schedule A – Map 46 is amended in the form set out in Schedule D2 to this Order;
X. This Order and the approval of portions of the CZBL for 15 and 23 Clarence Street and 56 Woodbridge Avenue, City of Vaughan, is without prejudice to, and does not have the effect of limiting the ability of Tony Nicoletti or any future owners of 15 and 23 Clarence Street and 56 Woodbridge Avenue, City of Vaughan to submit to the City of Vaughan an application under the Planning Act to request permissions for additional permitted uses and/or alternative development standards in accordance with the City of Vaughan Official Plan;
XI. In all other respects, the Tribunal orders that Appeal No. 002826 to the CZBL is dismissed.
Royal Group Inc. (NAPCO-Royal Pipe & Fittings) (Appeal No. 002915)
XII. Appeal No. 002915 in Tribunal File No. OLT-22-002104 to the CZBL being an appeal by Royal Group Inc. (NAPCO-Royal Pipe & Fittings) is allowed in part and the CZBL is amended as follows:
a. Exception 14.396 is repealed and replaced with a new Exception 14.396 in the form set out in Schedule E1 to this Order;
b. Exception 14.606 is repealed and replaced with a new Exception 14.606 in the form set out in Schedule E2 to this Order;
c. A new Exception is added to Chapter 14 of the CZBL, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Schedule E3 to this Order;
d. Schedule A – Maps 23 and 24 are amended in the form set out in Schedule E4 to this Order;
XIII. In all other respects, the Tribunal orders that Appeal No. 002915 to the CZBL is dismissed.
Blair Building Materials Inc., Coco Paving Inc., CRH Canada Group Inc. and Maple Industrial Landowners Group Inc. (Appeal No.s 002835, 002836, 002837 and 002838 respectively)
XIV. Appeal No.s 002835, 002836, 002837 and 002838 in Tribunal File No. OLT-22-002104 to the CZBL being appeals by Blair Building Materials Inc., Coco Paving Inc., CRH Canada Group Inc. and Maple Industrial Landowners Group Inc. respectively are allowed in part and the CZBL is amended as follows:
a. Exception 14.97 is repealed;
b. Exception 14.429 is repealed and replaced with a new Exception 14.429 in the form set out in Schedule F1 to this Order;
c. Exception 14.511 is repealed and replaced with a new Exception 14.511 in the form set out in Schedule F2 to this Order;
d. A new Exception is added to Chapter 14 of the CZBL, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Schedule F3 to this Order;
e. Schedule A – Maps 167, 168, 186, 187 and 207 are amended in the form set out in Schedule F4 to this Order;
XV. In all other respects, the Tribunal orders that Appeal No.s 002835, 002836, 002837 and 002838 to the CZBL are dismissed.
Withdrawn Appeals
XVI. Pursuant to s. 34(31) of the Planning Act, the CZBL is deemed to have come into force on the day that it was passed, being October 20, 2021, for the following lands in the City of Vaughan for which the appeals of the CZBL have been withdrawn in writing and filed with the Tribunal:
a. Lands municipally known as 11650 and 11700 Keele Street (Appeal No. 002783 of the CZBL filed by Bren-Croll Holdings Inc.);
b. Lands municipally known as 3200 Highway 7 (Appeal No. 002762 of the CZBL filed by SmartCentres REIT);
c. Lands municipally known as 89-99 Nashville Road (Appeal No. 002705 of the CZBL filed by 2133904 Ontario Inc.);
d. Lands municipally known as 11421 Weston Road (Appeal No. 002758 of the CZBL filed by Armland Management Inc.;
e. Lands municipally known as 4100 Teston Road (Appeal No. 002758 of the CZBL filed by Armland Management Inc.; and
f. Land municipally known as 10431 and 10445 Keele Street (Appeal No. 002835 of the CZBL filed by Blair Building Materials Inc.).
XVII. Pursuant to s. 34(31) of the Planning Act, the Transition By-law is deemed to have come into force on the day that it was passed, being March 22, 2022, for the following lands in the City of Vaughan for which the appeals of the Transition By-law have been withdrawn in writing and filed with the Tribunal:
a. Lands municipally known as 89-99 Nashville Road (Appeal No. 004793 of the Transition By-law filed by 2133904 Ontario Inc.);
b. Lands municipally known as 11421 Weston Road (Appeal No. 004768 of the Transition By-law filed by Armland Management Inc.);
c. Lands municipally known as 4100 Teston Road (Appeal No. 004768 of the Transition By-law filed by Armland Management Inc.)
39The Tribunal directs that Appeal No. 002674 to the CZBL filed by 2708971 Ontario Inc. be considered at the next hearing event for Tribunal File No. OLT-25-000033 being site-specific appeals filed by 2708971 Ontario Inc. relating to an official plan amendment and zoning by-law amendment for lands municipally known as 9650 Highway 27, City of Vaughan. For clarity, the next hearing event for Tribunal File No. OLT-25-000033 is scheduled for Thursday July 17, 2025, by video hearing. The Tribunal further directs that a copy of this decision be sent to any Parties of Tribunal File No. OLT-25-000033 who are not Parties to this Motion.
40The Member may be spoken to should issues arise with respect to the implementation of this Order or the Tribunal’s directions.
“C. Hardy”
C. HARDY VICE CHAIR
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.
SCHEDULE A1 – RP B3N
Exception Number XXXX
Legal Description: Part of Lot 5, Concession 5
Applicable Parent Zone: V1
Schedule A Reference: 31, 51
By-Law: 092-2020, 217-2022
14.XXXX.1 Lot and Building Requirements
- The following lot and building requirements shall apply to lands zoned Vaughan Metropolitan Centre Station (V1), as shown on Figure E-XXXX:
a. The maximum number of residential buildings shall be four (4).
b. The following requirements shall apply to minimum setbacks:
i. The minimum setback from the northern street line to a building or part of a building shall be 0.0 m.
ii. The minimum setback from the southern street line to a building or part of a building shall be 2.0 m.
iii. The minimum setback from the eastern or western street lines to a building or part of a building shall be 2.0 m.
iv. The minimum setback from the lot line and the exterior lot line to the nearest part of a building located below finished grade shall be 0.0 m.
c. The maximum height shall be as follows:
i. Building “A”: 191.0 m.
ii. Building “B”: 155.0 m.
iii. Building “C”: 180.0 m.
iv. Building “D”: 136.0 m.
d. The minimum height for non-residential buildings and structures shall be 4.0 m and the maximum height shall be 10.0 m.
e. The following additional height requirements shall apply:
i. The minimum height of the 1st storey of a mixed-use building for non-residential uses shall be 5.0 m and may include a mezzanine.
ii. The minimum height of the 1st storey of a residential building for residential and non-residential uses shall be 3.3 m.
iii. The minimum height of storeys one (1) through five (5) of the buildings identified as Buildings “B” and “D” shall be 13.0 m and the maximum height shall be 20.0 m.
iv. The minimum height of storeys one (1) through six (6) of buildings identified as Buildings “A” and “C” shall be 13.0 m and the maximum height shall be 23.0 m.
f. The following requirements shall apply to gross floor area:
i. The maximum gross floor area of all buildings located above grade shall not exceed 181,014.60 m2.
ii. The maximum residential gross floor area of each storey of Buildings “B” and “D” above the first 20.0 m in height shall be 820.0 m2.
iii. The maximum residential gross floor area of each storey of Building “A” and “C” above the first 23.0 m in height shall be 820.0 m.
g. The following requirement shall apply to distance between buildings:
i. The minimum distance between any building above the first 20.0 m of Buildings “B” and “D” shall be 25.0 m.
ii. The minimum distance between any building above the first 23.0 m of Buildings “A” and “C” shall be 25.0 m.
h. The maximum number of dwelling units shall be 2,470.
i. The minimum amenity area shall be 6,500.0 m2.
j. The following minimum landscape requirements shall apply:
i. A minimum landscape strip width of 0.0 m shall be provided abutting the street line to the north;
ii. A minimum landscape strip width of 2.0 m shall be provided abutting the street line to the east;
iii. A minimum landscape strip width of 2.0 m shall be provided abutting the street line to the west; and
iv. A minimum landscape strip width of 2.0 m shall be provided abutting the street line to the south.
k. The required build-to-zone shall be 2.0 m to 5.5 m.
14.XXXX.2 Parking
- The following provisions shall apply to the lands shown as “Subject Lands” on Figure E-XXXX:
a. The minimum dimensions of a parking space shall be 2.6 m by 5.7 m.
b. The following minimum required bicycle spaces shall apply:
i. Short-Term Residential: 0.1 spaces per dwelling unit.
ii. Long-Term Residential: 0.5 spaces per dwelling unit.
iii. Short-Term Commercial: 0.15 spaces per 100 m2 of non-residential gross floor area.
iv. Long-Term Commercial: 0.1 spaces per 100 m2 of non-residential gross floor area.
c. The minimum number of required loading spaces shall be as follows:
i. Type C: 5 spaces; and
ii. Type D: 2 spaces.
14.XXXX.3 Other Provisions
- The following definition shall apply to the “Subject Lands”, as shown on Figure E-XXXX:
a. For the purposes of zoning conformity, the Subject Lands shall be deemed to be one lot, regardless of the number of buildings constructed thereon, the creation of separate units, and/or lots by way of plan of condominium, consent, conveyance or private or public roads, strata title arrangements, or other permissions, and easements or registrations that are granted.
- Only the following encroachments shall be permitted into a required yard or landscape strip:
a. Art and landscape features, bicycle racks, exhaust and ventilation shafts (for the purposes of ventilating the parking garage only and shall not exceed 150 mm above grade or shall be flush with grade or embedded as part of planters), uncovered porches, and stairs.
b. Awnings and canopies shall be permitted to encroach 1.5 m into any required yard and/or landscape strip.
c. Patios shall be permitted to encroach 1.6 m into any required yard and/or landscape strip. Where the minimum yard and/or landscape strip requirement is less than 1.6 m, the permitted encroachment shall not be more than the minimum requirement.
Mezzanines shall be permitted within mixed-use buildings or commercial buildings in accordance with the Ontario Building Code.
Subsection 5.12.1.3 regarding the maximum total area of an outdoor patio shall not apply.
The maximum rooftop mechanical penthouse height shall be 9.0 m.
14.XXXX.4 Figures
Figure E-XXXX
SCHEDULE A2 – RP B3N MAPS
SCHEDULE B1 - LIBERATA
Exception Number 573
Municipal Address: 5317 Highway 7
Applicable Parent Zone: LMU
Schedule A Reference: 45
Tribunal Decision Reference: PL111184
14.573.1 Permitted Uses
- The following provisions shall apply to the lands zoned Low-Rise Mixed-Use (LMU), as shown on Figure E-967:
a. Prior to the lifting of a Holding Symbol “(H)”, the following shall be the only uses permitted:
i. Financial institution;
ii. Laboratory;
iii. Office;
iv. Motor Vehicle Rental;
v. Motor Vehicle Sales;
vi. Personal service;
vii. Radio Transmission Establishment;
viii. Restaurant;
ix. Restaurant, Take-Out;
x. Retail;
xi. Service or Repair Shop;
xii. Outdoor storage of motor vehicles associated with a Motor Vehicle Rental or Motor Vehicle Sales use shall be permitted, and shall be restricted to the five (5) parking spaces located at the rear of the lands as identified on Figure E-967A; and
xiii. A maximum of four (4) dwelling units shall only be permitted on the second floor.
b. The following lot and building requirements shall be permitted prior to the lifting of the Holding Symbol “(H)”:
i. The minimum aisle width on the south side of the subject lands shall be 5.5 m.
ii. The minimum landscaped area shall be 3.7%.
iii. All buildings or structures erected on the lands shown as "Subject Lands" on Figure E-967A shall be located within the area described as "Building Envelope 1" on Figure E-967A.
iv. The gross floor area of any or all restaurant uses shall not exceed 20% of the gross floor area of the ground floor of the development.
v. No landscaped strip shall be required along the north, south and west lots lines of the subject lands.
c. The following parking requirements shall be permitted prior to the lifting of the Holding Symbol “(H)”:
i. The minimum length of the parking spaces located along the southern lot line of the Subject Lands shall be 4.9 m.
ii. The minimum length of the barrier-free parking space located on the west side of the subject lands shall be 5.6 m.
iii. A minimum of 4.3 parking spaces per 100.0 m2 of gross floor area shall be provided and maintained on the lot for the ground floor commercial area.
iv. A minimum of three (3) parking spaces shall be provided and maintained on the lot for the second-floor dwelling units.
v. Parking of rental trucks shall be restricted to the area shown on Figure E-967A.
vi. The minimum aisle width on the north side of the subject lands shall be 1.7 m and all parking areas do not have to be provided on the lot.
vii. The requirement that all parking areas shall be provided and maintained on the lot is not applicable to the lands on Figure E-967A.
viii. No loading spaces shall be required.
d. Uses within the lands zoned Low-Rise Mixed-Use (LMU), as shown on Figure E-967, shall not be subject to Notes 2, 4 and 5 of Table 8-2.
e. The Holding Symbol “(H)” shall not be removed until such time as the owner has submitted and obtained approval of a Site Development Application for the development or a portion or phase thereof to the satisfaction of the City.
14.573.2 Lot and Building Requirements
- The following lot and building requirements shall apply to lands zoned Low-Rise Mixed-Use (LMU), as shown on Figure E-967:
a. The maximum building height shall be five (5) storeys.
b. The maximum building height may exceed five (5) storeys for any of the following, provided the maximum building height shall not exceed six (6) storeys:
i. a second storey of a two-storey dwelling unit located on the fifth floor; or
ii. a residential amenity area.
c. A mechanical penthouse shall be permitted in accordance with sections 4.7 and 4.20.
- A 45-degree angular plane measured from the south lot line shall apply for any building height that exceeds 12.8 m.
14.573.3 Figures
Figure E-967
Figure E-967A
SCHEDULE B2 – LIBERATA MAP
SCHEDULE C1 – DOUGHTON
Exception Number XXXX
Municipal Address: 216 and 220 Doughton Road
Applicable Parent Zones: V3
Schedule A Reference: 31, 32
By-law: 155-2022 Tribunal: OLT-22-004391
14.XXXX.1 Permitted Uses
- The following provisions shall apply to all lands zoned with the Holding Symbol “(H)”, as shown on Figure E-XXXX, until the Holding Symbol ‘(H)” is removed from the Subject Lands, or any portion thereof, pursuant to Subsection 36(1) or (3) of the Planning Act. Lands subject to the Holding Symbol “(H)” shall not be used for any use other than existing uses prior to enactment of By-law 155-2022. The Holding Symbol “(H)” shall be removed and no longer apply to the lands shown on Figure E-XXXX upon the following provisions being satisfied:
a. The Owner shall enter into a Strata Framework Agreement with the City. The Strata Framework Agreement, and subsequent Strata Title Arrangement Agreement, shall be provided to the City for review and approval for the Strata Road, and the potential Strata Park that the Owner is discussing with the neighbouring property to the north. The Strata Framework Agreement will permit the originally proposed pedestrian mews, with a public-access easement in favour of the City, in lieu of the potential Strata Park if the specifics of a Strata Park are not agreed to prior to the execution of the subsequent Strata Title Arrangement Agreement. The Agreements shall be finalized with details respecting, but not limited to, access, ownership, operation, maintenance, liability, cross section details, and financial responsibilities (among others) of the parties which shall have been agreed upon by the Owner and shall be executed prior to final approval of the related Draft Plan of Subdivision 19T-21V008, to the satisfaction of the City;
b. The Owner shall enter into a Development Agreement (the ‘Agreement’) with the City which shall require the Owner to commit to a construction schedule for their site to be in-line with the design-build schedule for the City of Vaughan’s Black Creek Renewal project, to the satisfaction of Deputy City Manager, Infrastructure Development. Through this Agreement, the Owner will be required to acknowledge and indemnify the City and Toronto and Region Conservation Authority (TRCA) from the risk they are accepting in advancing this development within a flood prone area;
c. Conditional approval of Site Development Application File DA.21.026, subject to Vaughan Council’s approval, which would allow for a viable development on the lands, whereby the Owner shall address all City comments to the satisfaction of the Planning and Growth Management Portfolio;
d. Conditional approval of Draft Plan of Subdivision 19T-21V008, subject to Vaughan Council’s approval, which would allow for the viable development of the lands, including the creation of the development block, stratified conveyance of the north-south local street, mews, reserves, road widenings, stratified park dedication (if applicable) and municipal services, to the satisfaction of the City.
14.XXXX.2 Lot and Building Requirements
- The following lot and building requirements shall apply to lands labelled “Subject Lands”, as shown on Figure E-XXXX:
a. The minimum lot frontage shall be 45.0 metres.
b. The minimum setback from the northern lot line to a building or part of a building shall be 3.0 metres, subject to the following exception:
i. For any portion of a building greater in height than a Canadian Geodetic Datum elevation measure of 218.05 metres, the minimum setback shall be 12.5 metres.
c. The minimum setback from the southern street line (Doughton Road) to a building or part of a building shall be 3.0 metres.
d. The minimum setback from the eastern street line (North-South Local Street) to a building or part of a building shall be 2.0 metres, subject to the following exception:
i. For any portion of a building greater in height than a Canadian Geodetic Datum elevation measure of 218.05 metres, the minimum setback shall be 5.5 metres.
e. The minimum setback from the western lot line to a building or part of a building shall be 0.0 metres, subject to the following:
i. For any portion of a building greater in height than a Canadian Geodetic Datum elevation measure of 208.9 metres, the minimum setback shall be 5.5 metres.
ii. For any portion of a building greater in height than a Canadian Geodetic Datum elevation measure of 218.05 metres, the minimum setback shall be 12.5 metres.
f. The maximum height shall be as follows:
i. Tower 1: 163.0 metres (52-storeys); and
ii. Tower 2: 145.0 metres (46-storeys).
g. The minimum height of the first storey of a building used as a community centre shall be 7.0 metres as measured from a Canadian Geodetic Datum elevation measure of 201.53 m.
h. The minimum height of the first storey of a building used for residential uses shall be 4.42 metres as measured from the ground floor to the second floor, with the exception of areas used for indoor amenities including but not limited to change rooms, pet wash, parcel rooms and mail rooms that shall be a minimum of 2.75 metres in height.
i. The minimum height of the first storey of a building for a dwelling unit shall be 2.75 metres, as measured from the ground floor to the second floor.
j. The minimum setback between exterior walls that face one another above a building height at a Canadian Geodetic Datum elevation measure of 218.05 metres shall be 25 metres.
k. The residential gross floor area of each storey of Tower 1 and Tower 2 shall not exceed 800.0 m2 above a building height at a Canadian Geodetic Datum elevation measure of 218.05 metres.
l. The minimum required amenity area shall be 9.5 m2 per dwelling unit.
m. The following gross floor area provisions shall apply to residential uses and non-residential uses:
i. Subject to subsection Section 14.XXXX.2.1.n below, the maximum gross floor area on the lot shall not exceed 86,551 m2;
ii. The minimum non-residential gross floor area devoted to a community facility on the lot shall be 470 m2; and
iii. The residential gross floor area on the lot shall not exceed 85,761 m2.
n. The maximum number of dwelling units permitted on the lot shall be 1,175.
o. The minimum setback from any lot line to the nearest part of a building below finished grade shall be 0.0 metres.
p. In addition to encroachments permitted in Table 4-1, architectural features shall be permitted to encroach a maximum of 2.55 metres into the required south yard.
14.XXXX.3 Parking Requirements
- The following parking requirements shall apply to lands labelled “Subject Lands”, as shown on Figure E-XXXX:
a. For all permitted land uses, there are no minimum parking space rate requirements.
b. The minimum length of a barrier free parking space shall be 5.7 metres.
c. The minimum width of a two-way aisle providing access to a long-term bicycle parking space shall be 1.2 metres.
d. The minimum bicycle parking space rate shall be provided as follows:
i. Long-term: 0.5 bicycle parking spaces per dwelling unit; and
ii. Short-term: 0.1 bicycle parking spaces per dwelling unit.
14.XXXX.4 Other Provisions
- The following definitions shall apply to lands labelled “Subject Lands”, as shown on Figure E-XXXX:
a. Building height shall be measured from a Canadian Geodetic Datum elevation measure (201.53 metres) to the highest point of the building. This shall exclude mechanical penthouse, parapets, mechanical equipment and architectural features.
b. Gross floor area means the aggregate of the floor areas of all storeys of a building, measured to the exterior of the outside walls, but not including the areas of any cellar, or car parking area above or below grade within the building or within a separate structure or all bicycle parking areas.
c. Lot means a parcel of land fronting a street separate from any abutting land to the extent that a consent contemplated by Section 50 of the Planning Act, R.S.O. 1990, c. P.13. would not be required for its conveyance. For the purpose of this paragraph, land defined in an application for a building permit shall be deemed to be a parcel of land and a reserve shall not form part of the lot. For clarity, this definition includes any lands subject to Stratified Arrangements.
d. Stratified arrangements means an agreement registered on title by (2) two, or more parties for the determination of ownership of land divided on a horizontal or vertical plane above and/or below grade.
e. Parking space means a rectangular area measuring at least 2.6 metres by 5.7 metres, exclusive of any aisles or ingress and egress lanes, used for the temporary parking of motor vehicles. An electric vehicle charging station shall not be considered an obstruction for the purposes of a parking space size.
f. Finished grade means the average elevation of the finished ground level at the wall(s).
- The following additional provision shall apply to lands labelled “Subject Lands”, as shown on Schedule E-XXXX:
a. Pursuant to Section 37.1 of the Planning Act and By-law 155-2022, the increase in the maximum height and density otherwise permitted on the lands shown on Figure E-XXXX, is subject to compliance with the conditions set out in this By-law and in the Section 37 Density Bonusing Agreement executed between the Owner of the Subject Lands and the City of Vaughan, which secures the provision of the following facilities, services and matters:
i. The Owner of the Subject Lands shall provide a contribution with a value of $9,000,000 to the City comprised of 470 m2 of onsite community space along Doughton Road, with the value of the ownership arrangement to be determined by an appraisal report on a fair market value of the space, and a cash contribution for interior fit-out of the community space and off-site VMC park enhancements using the remainder of the $9,000,000 contribution, if any. The cash component of the contribution is to be paid prior to the issuance of the first above grade building permit.
- Notwithstanding any provision of By-law 001-2021, including without limitation section 15, or of any other by-law, By-law 155-2022 is not repealed, but nothing in Zoning By-law 1-88 and By-law 155-2022 shall prevent the development of the Subject Lands in accordance with this Exception 14.XXXX.
14.XXXX.5 Figures
Figure E-XXXX
SCHEDULE C2 – DOUGHTON MAPS
SCHEDULE D1 – NICOLETTI
Exception Number XXXX
Municipal Address: 15 and 23 Clarence Street and 56 Woodbridge Avenue
Applicable Parent Zone: WMS, R3
Schedule A Reference: 46
14.XXXX.1 Permitted Uses
- The following additional uses shall be permitted on the lands zoned Third Density Residential (R3) Zone, as shown on Figure E-XXXX:
a. Apartment dwelling; and
b. Multiple-unit townhouse dwelling.
14.XXXX.2 Lot and Building Requirements
- The following lot and building requirements shall apply to the lands zoned Third Density Residential (R3) Zone, as shown on Figure E-XXXX:
a. The minimum interior side yard abutting lands zoned Mainstreet Mixed-Use – Woodbridge (WMS), being the southerly lot line, shall be 0.0 m.
b. The maximum height shall be 11.55 m and 3 storeys.
c. The maximum floor space index shall be 0.525.
d. The minimum front yard (Clarence Street) shall be 1.0 m.
e. Subsection 4.19.1 shall not apply to an apartment dwelling or multiple-unit townhouse dwelling.
f. The minimum landscape (%) shall be 10 for an apartment dwelling or multiple-unit townhouse dwelling.
- The following lot and building requirements shall apply to lands zoned Mainstreet Mixed-Use – Woodbridge (WMS) Zone, as shown on Figure E-XXXX:
a. Where an interior lot line abuts another Mainstreet Mixed-Use – Woodbridge (WMS) Zone or a Third Density Residential (R3) Zone, the minimum interior side yard shall be 0.0 m.
b. The maximum height shall be 13.65 m and 4 storeys.
c. The maximum floor space index shall be 1.05.
d. The minimum front yard (Clarence Street) shall be 1.0 m.
e. The minimum exterior side yard (Woodbridge Avenue) shall be 0.0 m.
f. The minimum required landscape strip on an interior side lot line abutting a Residential Zone shall be 0.0 m where the interior side yard is 0.0 m.
14.XXXX.3 Figures
Figure E-XXXX
SCHEUDLE D2 – NICOLETTI MAP
SCHEDULE E1 – ROYAL GROUP
Exception Number 396
Municipal Address: 10 Regalcrest Court, 1-20 Royal Gate Boulevard
Applicable Parent Zone: EM1, EM2, EMU
Schedule A Reference: 23, 43
By-law / Tribunal Decision Reference
14.396.1 Permitted Uses
- The following shall be the only uses permitted on the area labelled “C8” on Figure E-733 and Figure 733A:
a. Hotel;
b. Office;
c. Office building; and
d. Parking structure, accessory to office building.
A hotel use in the area labelled “C8” on Figure E-733 or Figure E-733A may include accessory banquet hall, restaurant and retail uses only, provided the hotel building is located a minimum of 200 m south of the Highway 7 road allowance.
The following uses shall be permitted on the ground floor of an office building with a minimum height of 3 storeys:
a. Financial institution;
b. Health and fitness centre;
c. Personal service;
d. Pharmacy;
e. Restaurant;
f. Retail; and,
g. Variety store.
- An office building shall not be a permitted use in the areas labelled “EM1,” “Block 4” or “9(654D)” as shown on Figure E-733.
14.396.2 Lot and Building Requirements
- The following provisions shall apply to the area labelled “C8” on Figure E-733 and Figure E-733A:
a. The maximum gross floor area of an office building shall be 1.0 times the lot area; and,
b. The combined gross floor area of all ground floor uses permitted in an office building in 15.654.1.3 shall be 10% of the gross floor area of the office building.
- The following provisions shall apply to the area labelled “C7” on Figure E-733A:
a. The minimum lot frontage shall be 43.0 m; and,
b. The minimum lot area shall be 3,200 m2.
The minimum landscape strip abutting the lot line which abuts the street line of Royal Gate Boulevard and Regalcrest Court shall be 3 m in the EM1 Prestige Employment Zone.
The minimum gross floor area of a warehousing facility on the area shown as “9(654E)” on Figure E-733 shall be 14,750.0 m2.
The maximum gross floor area of a warehousing facility on the area shown as “9(654E)” on Figure E-733 shall be The following provisions shall apply to the area labelled “C7” on Figure E-733A 25,500.0 m2.
14.396.3 Parking
Loading spaces shall be permitted in an exterior side yard abutting the west side of Regalcrest Court on the lands labelled “9(654E)” on Figure E-733.
The minimum number of required parking spaces on the lands labelled “9(654E)” on Figure E-733, shall be 305.
A shared driveway access along Royal Gate Boulevard shall be provided over Parts 2 and 3, as shown on Figure E-733A.
14.396.4 Other Provisions
A variety store shall mean a kiosk serving the daily or occasional needs of the employees in the office building with a variety of goods such as food snacks and beverages, sundries, tobacco, stationery, magazines and newspapers, but not including groceries, meats and produce, with no direct access to the exterior of the building and a gross floor area not exceeding 50.0 m2
The private roads comprising Royal Gate Boulevard and Regalcrest Court within Plan of Subdivision 65M-3033 as shown on Figure E-733 shall each be deemed to be a public road.
14.396.5 Figures
Figure E-733
Figure E-733A
SCHEDULE E2 – ROYAL GROUP
Exception Number 606
Legal Description: Part of Lot 4,Concession 8
Applicable Parent Zone: PB1, PB2
Schedule A Reference: 23, 24
By-law / Tribunal Decision Reference
14.606.1 Permitted Uses
- The following provisions shall apply to the lands shown as subject lands on Figure E-1008:
a. Outside storage of plastic pipe by a private user shall be permitted. Notwithstanding sections 5.13.1.1, 5.13.1.2 and 5.13.3.1, the outside storage area shall not exceed 6.0 ha in the area shown on Figure E-1008 and shall be completely enclosed with a chain-link fence of at least 2.0 m in height. The maximum height of outside storage material shall be 4.9 m.
14.606.2 Figures
Figure E-1008
SCHEDULE E3 – ROYAL GROUP
Exception Number XXXX
Municipal Address: 101 Regalcrest Court
Applicable Parent Zone: EM2
Schedule A Reference: 23, 24
By-law / Tribunal Decision Reference
14.XXXX.1 Other Provisions
The private roads comprising Royal Gate Boulevard and Regalcrest Court within Plan of Subdivision 65M-3033, as shown on Figure E-XXXX, shall each be deemed to be a public road.
The following provision shall apply to the “Subject Lands”, as shown on Figure E-XXXX:
a. The maximum height of goods or materials stored within an outside storage area shall be 4.9 m.
14.XXXX.2 Figures
Figure E-XXXX
SCHEDULE E4 – ROYAL GROUP MAPS
SCHEDULE F1 – MILG
Exception 14.429
Municipal Address: 10275 and 10311 Keele Street
Applicable Parent Zone: CMU
By-law: 72-84, 273-93 Tribunal: PL111184
Schedule Reference: 167, 168, 186, 187
14.429.1 Permitted Uses
- Only the following uses shall be permitted on the lands labelled “Subject Lands”, as shown on Figure E-783:
a. Fueling Station;
b. Accessory Office, to a maximum of 12,500 m2 of gross floor area per lot;
c. Research and Development;
d. Accessory Retail; and
e. The following existing uses:
i. Lumber, trusses and trim processing;
ii. Warehousing and Distribution Facility;
iii. Outdoor Display Area;
iv. Outdoor Storage;
v. Motor Vehicle Repair;
vi. Service or Repair Shop; and
vii. Sale and distribution of building materials.
- Notwithstanding any of the permitted uses listed in Section 14.429.1.1, no Sensitive Land Use shall be permitted as a primary, accessory or ancillary use.
14.429.2 Lot and Building Requirements
- The following lot and building requirements shall apply to the lands labelled “Subject Lands”, as shown on Figure E-783:
a. Outside storage of wooden roof and floor trusses in the front yard shall be permitted a minimum of 0.0 m from the front lot line.
b. The minimum front yard required for storage of wooden roof and floor trusses shall be 0.0 m.
c. The minimum interior yard required for storage of wooden roof and floor trusses shall be 0.0 m.
14.429.3 Other Provisions
- The following definition shall apply to the lands labelled “Subject Lands”, as shown on Figure E-783:
a. Sensitive Land Use means a use in an amenity area, outdoor space, or building and any associated activities that include any of the following uses:
i. Active Recreational Use;
ii. any Residential Use;
iii. any type of School;
iv. Day Care Centre;
v. Clinic;
vi. Community Facility;
vii. Community Garden;
viii. Funeral Services;
ix. Independent Living Facility;
x. Long Term Care Facility;
xi. Hospital;
xii. Hotel;
xiii. Hotel (Small Scale);
xiv. Outdoor Patio;
xv. Passive Recreational Use;
xvi. Place of Assembly;
xvii. Place of Entertainment;
xviii. Place of Worship;
xix. Retirement Residence;
xx. Supportive Living Facility; or
xxi. Urban Square.
14.429.4 Figures
Figure E-783
SCHEDULE F2 – MILG
Exception 14.511
Municipal Address: 10335, 10345, 10495, 10525, 10533, 10545, 10547, 10557, 10651, 10695, 10721 Keele Street
Applicable Parent Zone: EMU
By-law: 213-77, 233-92
Tribunal: PL111184
Schedule A Reference: 186, 187, 207
14.511.1 Permitted Uses
- Only the following uses shall be permitted on the lands labelled “Subject Lands”, as shown on Figure E-901:
a. Accessory Office, up to a maximum gross floor area of 12,500 m² per lot;
b. Accessory Retail, provided that no retail unit shall exceed a gross floor area of 3,500 m2; and
c. Automotive detailing;
d. Fueling Station;
e. Manufacturing or processing facility;
f. Vertical farm; and
g. Warehousing and distribution facility.
- Notwithstanding any of the permitted uses listed in Section 14.511.1.1, no Sensitive Land Use shall be permitted as a primary, accessory or ancillary use.
14.511.2 Other Provisions
- The following definition shall apply to the lands labelled “Subject Lands”, as shown on Figure E-901:
a. Sensitive Land Use means a use in an amenity area, outdoor space, or building and any associated activities that include any of the following uses:
i. Active Recreational Use;
ii. any Residential Use;
iii. any type of School;
iv. Day Care Centre;
v. Clinic;
vi. Community Facility;
vii. Community Garden;
viii. Funeral Services;
ix. Independent Living Facility;
x. Long Term Care Facility;
xi. Hospital;
xii. Hotel;
xiii. Hotel (Small Scale);
xiv. Outdoor Patio;
xv. Passive Recreational Use;
xvi. Place of Assembly;
xvii. Place of Entertainment;
xviii. Place of Worship;
xix. Retirement Residence;
xx. Supportive Living Facility; or
xxi. Urban Square.
14.511.3 Figures
Figure E-901
SCHEDULE F3 – MILG
Exception 14.XXXX
Legal Description: 10351, 10431 and 10445, 10475 Keele Street
Applicable Parent Zone: EM1, EM2
Tribunal: PL111184
Schedule Reference: 186, 187
14.XXXX.1 Permitted Uses
- Only the following uses shall be permitted on the lands zoned Prestige Employment Zone (EM1), as shown on Figure E-XXXX:
a. Automotive detailing;
b. Contractor’s establishment;
c. Heavy equipment sales, rental and service establishment;
d. Manufacturing or processing facility;
e. Production of stucco, including tinting, sale and delivery of building materials with both indoor and outdoor display and storage.
f. Vertical farm;
g. Warehouse and distribution facility;
h. Accessory office;
i. Accessory retail;
j. Accessory intermodal container; and
k. Accessory outside storage.
- Only the following uses shall be permitted on the lands labelled “Area A” and zoned General Employment Zone (EM2), as shown on Figure E-XXXX:
a. All uses permitted on lands zoned Prestige Employment Zone (EM1) as described in subsection 14.XXXX.1.1 above;
b. Aggregate transfer station;
c. Concrete batching plant, permitted on the lands shown on Schedule Figure E-XXXXA;
d. Intermodal facility;
e. Motor vehicle body repair;
f. Motor vehicle repair;
g. Recycling of used concrete, which includes screening and crushing of aggregate materials including concrete; and
h. Transportation terminal.
- Only the following uses shall be permitted on the lands labelled “Area B” and zoned General Employment Zone (EM2), as shown on Figure E-XXXX:
a. All uses permitted on lands zoned Prestige Employment Zone (EM1) as described in subsection 14.XXXX.1.1 above;
b. Aggregate transfer station;
c. An asphalt plant and/or the recycling of used asphalt, including the following:
i. crusher(s) and screen(s);
ii. aggregate dryer and associated dust collection system;
iii. batch tower and associated hot screens, mixer, and slat conveyors (bucket elevator);
iv. asphalt cement storage tanks;
v. hot mix asphalt storage silos;
vi. hot oil heater;
vii. hot mix asphalt load out bays; and,
viii. screening and crushing of aggregate materials including asphalt and concrete;
d. Heavy equipment sales, rental and service establishment;
e. Intermodal facility;
f. Motor vehicle body repair;
g. Motor vehicle repair;
h. Recycling of used concrete, which includes screening and crushing of aggregate materials including concrete; and
i. Transportation terminal.
- Notwithstanding any of the permitted uses listed in Section 14.XXXX.1, no Sensitive Land Use shall be permitted as a primary, accessory or ancillary use.
14.XXXX.2 Lot and Building Requirements
| EM1 | EM2(Area A) | EM2(Area B) | |
|---|---|---|---|
| Minimum lot frontage (m) | 30 | As existing as of the effective date of this By-law | As existing as of the effective date of this By-law |
| Minimum lot area (m) | 1,800 | 1,800 | 1,800 |
| Minimum front yard (m) | 4.5 | 4.5 | Does not apply |
| Minimum rear yard (m) | 7 Retaining walls including aggregate bins are not subject to a minimum rear yard |
12 Retaining walls including aggregate bins are not subject to a minimum rear yard |
12 Retaining walls including aggregate bins are not subject to a minimum rear yard |
| Minimum interior side yard (m) | 3 Retaining walls including aggregate bins are not subject to a minimum interior side yard but subject to the outdoor storage provisions in Section 5.13 |
3 Retaining walls including aggregate bins are not subject to a minimum interior side yard but subject to the outdoor storage provisions in Section 5.13 |
3 Retaining walls including aggregate bins are not subject to a minimum interior side yard but subject to the outdoor storage provisions in Section 5.13 |
| Minimum exterior side yard (m) | Does not apply | Does not apply | Does not apply |
| Maximum lot coverage (%) | 60 | No maximum | No maximum |
| Maximum building height (m) | 15 Or the maximum height of any existing buildings or structures that exceed the height of 15 m shall be the existing height as of the effective date of this By-law |
15 Or the maximum height of any existing buildings or structures that exceed the height of 15 m shall be the existing height as of the effective date of this By-law |
15 Or the maximum height of any existing buildings or structures that exceed the height of 15 m shall be the existing height as of the effective date of this By-law |
| Minimum setback from any building, structure or outside storage to a Residential zone (m) | 20 Or the minimum setback of any existing buildings or structures less than 20 m shall be the existing minimum setback of that building or structure as of the effective date of this By-law |
30 Or the minimum setback of any existing buildings or structures less than 30 m shall be the existing minimum setback of that building or structure as of the effective date of this By-law |
30 Or the minimum setback of any existing buildings or structures less than 30 m shall be the existing minimum setback of that building or structure as of the effective date of this By-law |
| Required landscape strip, abutting a street line (width in m) | 3 | 3 | Does not apply |
| Required landscape strip on any interior side lot line or rear lot line abutting a Residential Zone or the Open Space Zone (width in m) | 4.5 | Does not apply | Does not apply |
| Minimum landscape open space | 5% | 5% | 5% |
| Maximum height of goods or materials within an outside storage area (m) | 3 | Refer to Outside Storage provision below | Refer to Outside Storage provision below |
| Parking areas in front yard | No prohibition on parking areas in the front yard | No prohibition on parking areas in the front yard | No prohibition on parking areas in the front yard |
| Outside storage | Outside storage permitted within all yards provided it is situated no closer than 90 m to Keele Street and provided such storage is screened, as existing, by a combination of building(s), fencing, walls, berms, landscaping and plantings that are: (a) A minimum of 1.8 m in height; and (b) Constructed of permanent opaque materials or vegetation providing a visual barrier; and (c) For clarity, screening is not required across driveway access onto Keele Street to and from the lot. The maximum height of goods or materials within an outside storage area shall be 22 m. |
On 10351 Keele (CRH): Outside storage permitted within all yards provided such storage is situated no closer than 100 m to Keele Street and provided such storage is screened, as existing, by a combination of building(s), fencing, walls, berms, landscaping and plantings that are: (a) A minimum of 1.8 m in height; and (b) Constructed of permanent opaque materials or vegetation providing a visual barrier; and (c) For clarity, screening is not required across driveway access onto Keele Street to and from the lot. The temporary parking of commercial vehicles shall not be permitted within 20 m of Keele Street but may be permitted in any other location within the zone. |
Outside storage, including the temporary parking of commercial vehicles is permitted as an accessory use within all yards. On 10475 Keele (GFL): Outside storage, including the temporary parking of commercial vehicles is permitted as an accessory use within all yards. Outside storage shall be: (i) screened by an opaque fence and/or gate at least 1.8 m in height situated on the lot within 20 m of Keele Street; (ii) situated no closer than 20 m from Keele Street; (iii) where situated between 20 m and 55 m of Keele Street, the maximum height of goods or material within an outside storage area shall be 9 m; and (iv) where situated beyond 55 m of Keele Street, the maximum height of goods or materials within an outside storage area shall be 22 m. |
14.XXXX.3 Parking Requirements
| EM1 | EM2(Area A) | EM2(Area B) | |
|---|---|---|---|
| a) Asphalt Plant Operation; Concrete Batching Operation | Does not apply | 1 per 100 m² GFA of an accessory office | 1 per 100 m² GFA of an accessory office |
| b) Stucco Production Operation | 1 per 100 m² GFA | Does not apply | Does not apply |
14.XXXX.4 Other Provisions
- The following definitions shall apply to the “Subject Lands”, as shown on Figure E-XXXX:
a. Aggregate Transfer Station means an industrial facility where aggregate and recycled aggregate are sorted and stored/stockpiled outdoors for the purpose of transfer, shipment and/or resale, including: facilities for the administration or management of the business; maintenance, outdoor storage and repair of required equipment; an accessory office; and the retail sale of aggregate products.
b. Concrete Batching Plant means an industrial facility used for the manufacturing of concrete, or concrete products, used in building or construction, including: facilities for the administration or management of the business; the outdoor storage and stockpiling of bulk materials used in the manufacturing process or of finished products manufactured on the premises; the outdoor storage, maintenance and repair of required equipment including ready-mix trucks; an accessory office and the retail sale of finished concrete products.
c. Sensitive Land Use means a use in an amenity area, outdoor space, or building and any associated activities that include any of the following uses:
i. Active Recreational Use;
ii. any Residential Use;
iii. any type of School;
iv. Day Care Centre;
v. Clinic;
vi. Community Facility;
vii. Community Garden;
viii. Funeral Services;
ix. Independent Living Facility;
x. Long Term Care Facility;
xi. Hospital;
xii. Hotel;
xiii. Hotel (Small Scale);
xiv. Outdoor Patio;
xv. Passive Recreational Use;
xvi. Place of Assembly;
xvii. Place of Entertainment;
xviii. Place of Worship;
xix. Retirement Residence;
xx. Supportive Living Facility; or
xxi. Urban Square.
14.XXXX.5 Figures
Figure E-XXXX
Figure E-XXXXA