Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 21, 2025
CASE NO(S).:
OLT-24-000220
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
QF Development Group (BT) Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a 15-storey residential building
Reference Number:
OP.22.022
Property Address:
87 Keatley Drive
Municipality/UT:
Vaughan/York
OLT Case No.:
OLT-24-000220
OLT Lead Case No.:
OLT-24-000220
OLT Case Name:
QF Development Group (BT) 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:
QF Development Group (BT) Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 15-storey residential building
Reference Number:
Z.22.043
Property Address:
87 Keatley Drive
Municipality/UT:
Vaughan/York
OLT Case No.:
OLT-24-000221
OLT Lead Case No.:
OLT-24-000220
Heard:
February 10, 2025
APPEARANCES:
Parties
Counsel
QF Development Group Inc.
P. DeMelo
City Of Vaughan
M. B. Rubin
MEMORANDUM OF DECISION DELIVERED BY CARMINE Tucci ON February 10, 2025 AND ORDER OF THE TRIBUNAl
1The matter before the Tribunal was in respect to appeals filed pursuant to s. 22(7) and 34(11) of the Planning Act (“Act”) by QF Development Group (BT) Inc. (“Appellant”) against the City of Vaughan (“City”) for its failure to make a decision on Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) Applications (together “Applications”) within the timeframe prescribed by the Act.
2The lands that are the subject of the Application are known municipally as 87 Keatley Drive (“Property”). The Appellant proposes to develop the Property with a 296-unit residential building with a maximum height of 15 storeys and podiums ranging from four to nine storeys.
3The Tribunal heard that the Parties confirmed that a settlement had been reached and was presented for the consideration of the Tribunal.
EVIDENCE AND SUMMARY OPINION
4The Tribunal was presented with the witness statement of Lauren Capilongo, a Principal at Malone Given Parsons Ltd., a land use planning consulting firm that provides services in urban planning, urban design, and project coordination in support of the Settlement.
5Ms. Capilongo was affirmed and qualified to provide expert evidence in relation to land use planning.
6Ms. Capilongo provided that the Revised Settlement Proposal comprises of:
QF Development Group (BT) Inc. Development Statistics
Original (Dec 2022)
Revised (Dec 2024)
Built Form Typology
Apartments
Stacked Back-to-Back Townhouses
Building Height
15 storeys
4 storeys
Gross Floor Area
24,077 m2
10,920 m2
Residential Units
296
104
Vehicle Parking (underground)
355 spaces
141 spaces
Density
3.68 FSI
1.71 FSI
7Ms. Capilongo stated a single full-moves access is proposed from Keatley Drive, providing access to the underground parking spaces, the loading space, and a truck turnaround area at the end of the private driveway, internal to the site. 141 parking spaces are proposed, including 21 visitor spaces and 5 accessible spaces.
8Ms. Capilongo provided that a 3 metre (“m”) landscape buffer is proposed along the south property line, adjacent to the existing single detached dwellings.
9Ms. Capilongo further provided that the Settlement Proposal includes bicycle parking and proposes to complete the sidewalk on the west side of Bathurst Street, south of Queen Filomena Avenue, supporting active transportation and accessibility.
REQUIRED AMENDMENTS
10Ms. Capilongo testified that to implement the Settlement Proposal, amendments to the City of Vaughan 2010 Official Plan (“VOP”) and the City’s Comprehensive Zoning By-law, being By-law No. 001-2021, are required.
Official Plan Amendment
11The amendment seeks that the approval in principle will:
Maintain the existing land use designation, being a low-rise mixed-use designation on the Property,
Permit a maximum site density of 1.75 floor space index,
Permit stacked back-to-back townhouses that also share a rear wall, resulting in a building with two facades where individual entrances to the units are located with no rear yard,
Permit Stacked Townhouses to front onto a public and private street; and,
To reduce the facing distance between blocks of Stacked Townhouses to 10 m.
Zoning By-Law Amendment
12The amendment seeks that the approval in principle will:
Rezone the Property from Neighbourhood Commercial to RM1 – Multiple Unit Residential
Permit a front yard setback (Keatley Drive) of 2.4 m
Minimum lot area per unit: 60 m2;
Minimum front yard setback (Keatley Drive): 2.4 m;
Minimum rear yard setback (Bathurst Street): 2.4 m;
Minimum interior side yard setback (Southerly Lot Line): 3 m;
Minimum side yard setback to a sight triangle: 1.2 m;
Maximum width of front main wall of a block of multiple-unit townhouse dwellings: 48 m:
Minimum below grade setback from a street line: 0 m;
Minimum landscape strip abutting a street line: 0 m width;
Minimum outdoor amenity area: 0 m2;
Minimum amenity area: 0 m2; and,
Encroachment (stairs (open, enclosed), retaining walls, and porch, including access stairs from grade): TBD through the site plan process.
13Ms. Capilongo opined that the Settlement Proposal;
Has regard for matters of provincial interest under s. 2 of the Act;
Is consistent, and does not conflict, with the Provincial Planning Statement 2024 (“PPS”), particularly Policy 2.3.1.1 of the PPS which provides that “Settlement areas shall be the focus of growth and development”. The OPA and ZBLA provide additional growth and development within a settlement area;
Conforms to the York Region Official Plan, 2022;
Conform, subject to approval of the OPA and ZBLA , to the VOP; and
Is appropriate for the Property, represents good planning, and is in the public interest.
FINDINGS
14On the strength of the uncontradicted expert opinion evidence of Ms. Capilongo and upon a review of the applicable provisions of the Act, the PPS, the York Region Official Plan, and the VOP, the Tribunal is satisfied that the proposed OPA and ZBLA represent an efficient use of land, resources, and infrastructure.
15The Tribunal finds that the updated proposed changes guarantee the site's redevelopment remains suitable within its context and aligns with the City's diverse growth and housing objectives.
16The Tribunal agrees that the Settlement Plan proposes stacked back-to-back townhouses which provide for more efficient use of land in comparison to stacked townhouses.
17The Tribunal supports the notion that the Settlement will offer a built form harmonious with the community's character by introducing a low-rise structure that complements the existing residential subdivision and is allowed under the low-rise mixed-use land use designation.
18The Tribunal endorses the development of a compact urban built form that is pedestrian and cyclist-friendly, with the completion of the Bathurst Street sidewalk and the provision of bicycle parking spaces. It also supports transit by offering a medium-density built form near existing bus routes. The proposed townhouses provide a more affordable type of ground-oriented housing.
19Tribunal is of the view that the Settlement reached by the Parties is fair and reasonable, and that the resulting OPA and ZBLA represent good planning in the public interest. The Tribunal praises the Parties in working collaboratively and engaging in productive discussions in order to reach a Settlement in these proceedings.
ORDER
20THE TRIBUNAL ORDERS THAT the appeal is allowed in part and orders that
the Official Plan for the City of Vaughan is modified as set out in Attachment 1 to this Order.
21THE TRIBUNAL ORDERS THAT the appeal is allowed in part and the Tribunal directs the City of Vaughan to amend By-law No. 001-2021 as set out in Attachment 2 to this Order.
22Should the parties be unable to agree on the final form and content of the Zoning By-law and Official Plan Amendments necessary to implement the Tribunal’s Order, the Tribunal may be spoken to.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
ATTACHMENT 2