D'Aversa v. Vaughan (City), 2026 CanLII 38550

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 22, 2026

CASE NO(S).: OLT-22-002104

PROCEEDING COMMENCED UNDER subsection 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 subsection 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

Motion for: To resolve the appeals pertaining to Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022 by VMC Condos Limited Partnership and Graywood Acquisitions Limited and by ZZEN Group of Companies Limited, as further elaborated within the text of the Decision and Order below

PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6

Request by: MM 27 Ltd.

Motion for: To resolve the appeal pertaining to Comprehensive Zoning By-law 001-2021, as further elaborated within the text of the Decision and Order below

Heard: April 14, 2026 in writing

APPEARANCES:

Parties	Counsel
City of Vaughan	P. Patterson L. English C. Tashos
MM 27 Ltd.	M. A. Di Vona

DECISION DELIVERED BY C. HARDY AND S. BRAUN AND ORDER OF THE TRIBUNAL

INTRODUCTION

1A 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)) and need not be repeated in this Decision.

2In brief, the City of Vaughan (“City”) passed Comprehensive Zoning By-law No. 001-2021 (“CZBL”) on October 20, 2021, which affects all properties in the City, apart from 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 No. 039-2022 to adopt new transition provisions for the CZBL in s. 1.6 (“Transition By-law”).

4There was 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 details with respect to how the CZBL and Transition By-law appeals have been case managed.

MOTIONS AND REQUESTED RELIEF

5The Tribunal is in receipt of two sets of motion materials: (i) the City’s Notice of Motion dated April 2, 2026, which includes the Affidavit of Robert Rappolt, affirmed on April 1, 2026 (“City Motion”); and (ii) MM 27 Ltd.’s (“MM 27”) Notice of Motion dated April 2, 2026, which includes the Affidavit of Hailey McWilliam, affirmed on April 2, 2026 (“MM 27 Motion”) (collectively “Motions”).

6Mr. 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 City Motion.

7Ms. McWilliam 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. Ms. McWilliam provided a Curriculum Vitae and an executed Acknowledgement of Expert’s Duty, and based on a review of the foregoing, she was similarly qualified for the purposes of the present MM 27 Motion.

8This Decision and Order relate to the Motions brought by the City and by MM 27, which requested the following relief:

City’s requested relief:

• allowing, in part, Appeal No. 002777 to the CZBL and Appeal No. 004809 to the Transition By-law by VMC Condos Limited Partnership and Graywood Acquisitions Limited (together “VMC Condos”) with respect to the lands municipally known as 3201 Highway 7, City of Vaughan, (“VMC Condos lands”), repealing Section 14.635 as adopted on October 20, 2021 and approving certain amendments to the CZBL (new Section 14.635 and a new exception in Section 14) and consequential changes to Maps 31 and 51 in Schedule A to the CZBL, in accordance with Schedules A1 to A3, attached to this Decision and Order;

• dismissing the balance of Appeal No. 002777 to the CZBL and Appeal No. 004809 to the Transition By-law;

• allowing, in part, Appeal No. 002765 to the CZBL and Appeal No. 004767 to the Transition By-law by ZZEN Group of Companies Limited (“ZZEN”) with respect to the following lands, all in the City of Vaughan:

  a. Part of Lots 16, 17, 18, 19 and 20, Concession 5;

  b. 3555, 3601, 3611, 3621, 3631, 3651, 3661, 3737 Major Mackenzie Drive West; and

  c. 9551, 9555, 9565, 9581, 9587 and 9591 Weston Road

  (collectively the “ZZEN lands”), repealing Section 14.690 as adopted on October 20, 2021 and approving certain amendments to the CZBL (new Section 14.690 and four new exceptions in section 14) and consequential changes to Maps 126, 144, 163, and 164 in Schedule A to the CZBL, in accordance with Schedules B1, B2, B3, B4, B5, and B6 respectively, attached to this Decision and Order;

• dismissing the balance of Appeal No. 002765 to the CZBL and Appeal No. 004767 to the Transition By-law.

MM 27’s requested relief:

• allowing, in part, Appeal No. 002742 to the CZBL by MM 27 with respect to the lands municipally known as 9829 Highway 7, City of Vaughan (“MM 27 lands”), and approving certain amendments to the CZBL (a new exception in Section 14) and consequential changes to Maps 138 and 139 in Schedule A to the CZBL, in accordance with Schedules C1 and C2, attached to this Decision and Order.

9VMC Condos and ZZEN appealed both the CZBL and the Transition By-law. The appeals proposed to be resolved through the City’s Motion were filed on the basis that the CZBL, as adopted, failed to recognize a previous approval for each of those Appellants’ lands. If approved, the proposed amendments put forward in the Motion materials will fully resolve VMC Condos’ and ZZEN’s CZBL appeals and the associated Transition By-law appeals, where applicable.

10MM 27 appealed only the CZBL. If approved, the proposed amendments, discussed in further detail below, will fully resolve the MM 27 appeal.

SUBMISSIONS AND EVIDENCE

Proposed Amendments to the CZBL

VMC Condos

11VMC Condos appealed the CZBL, raising concerns which included that the CZBL did not accurately reflect the site-specific development standards and mapping associated with the VMC Condos lands.

12The City passed the CZBL, which included Section 14.635, a site-specific exception that applied to a number of municipal addresses, including the VMC Condos lands, and carried forward By-law No. 144-2009 to amend Zoning By-law No. 1-88. Subsequently, site-specific development standards applicable to the VMC Condos lands were established through numerous minor variances, which modified Zoning By-law No. 1-88. Section 14.635 did not appropriately consolidate the zoning permissions granted through the minor variances, nor did it reflect the variances approved following the adoption of the CZBL.

13The proposed amendment would correct the site-specific development standards and mapping of the CZBL to accurately reflect the zoning applicable to the VMC Condos lands, as established by By-law No. 144-2009 and the minor variance approvals, and to reflect a Class 4 Area designation for the VMC Condos lands pursuant to the Ontario Ministry of the Environment, Conservation and Parks (“MECP”) Noise Guideline (“NPC-300”) endorsed by City Council on December 16, 2025. Section 14.635 and related figures to the CZBL, as adopted on October 20, 2021, will be repealed and replaced with: (i) a new Section 14.635 and related figure, which will remain applicable to lands other than the VMC Condos lands, with the VMC Condos lands removed from Section 14.635; and (ii) a new exception (number to be determined) and related figure to the CZBL specifically for the VMC Condos lands. Consequential amendments to Maps 31 and 51 in Schedule A to the CZBL will also be required. The proposed exceptions and figures are set out in Schedules A1 and A2, attached to this Order. The proposed Schedule A mapping is set out in Schedule A3, attached to this Order.

ZZEN

14ZZEN appealed the CZBL, for reasons which included raising concerns with the site-specific development standards and mapping associated with Section 14.690 in the CZBL for the ZZEN lands.

15Section 14.690 in the CZBL relates to a number of parcels of land, including the ZZEN lands. The proposed amendment would repeal Section 14.690 and replace it in the CZBL with: (i) a new Section 14.690, removing the ZZEN lands but remaining applicable to the other parcels of land; and (ii) four new exceptions for the ZZEN lands, as set out below.

1. Site 1 – 3737 Major Mackenzie Drive West: On June 20, 2005, the Ontario Municipal Board (“OMB”) issued an Order amending Zoning By-law No. 1-88 which was assigned By-law No. 276-2005. The OMB approved site-specific amendments to Zoning By-law No. 1-88 to rezone Site 1 from A Agricultural Zone to C5 Community Commercial Zone and provide zoning exceptions and development standards to allow commercial development on Site 1. The CZBL erroneously includes site-specific development standards that do not reflect the existing zoning for Site 1 and the new exception proposed for Site 1 will bring forward corrected standards reflecting the OMB approval.

2. Site 2 – 3601, 3611, 3621, 3631, 3651, and 3661 Major Mackenzie Drive West: From August 14, 1998 to June 28, 2011 a number of OMB orders and City Council decisions implemented rezonings and site-specific development standards on Site 2 to facilitate development of a commercial plaza, LCBO Outlet, drive-through uses associated with a banking and financial institution, and multi-unit commercial buildings. The CZBL erroneously includes site-specific development standards that do not reflect the existing zoning for Site 2 and the new exception proposed for Site 2 will bring forward corrected standards reflecting the above previous approvals.

3. Site 3 – 3555 Major Mackenzie Drive West: From August 14, 1998 to April 29, 2002 a number of OMB orders and City Council decisions implemented rezonings on Site 3 to facilitate development of Site 3, including permitting the use for an automobile gas bar in the C2 General Commercial Zone. The CZBL erroneously includes site-specific development standards that do not reflect the existing zoning for Site 3 and the new exception proposed for Site 3 will bring forward corrected standards reflecting the above previous approvals.

4. Site 4 – 9551, 9555, 9565, 9581, 9587 and 9591 Weston Road: From August 14, 1998 to February 24, 2026 a number of OMB orders and City Council decisions implemented rezonings on Site 4 to facilitate development of Site 4, including permitting the use for eating establishments with accessory patios in certain buildings on Site 4. The approval sought in this motion will reflect the prohibition of outdoor patios in all buildings on Site 4, which was endorsed by City Council on February 24, 2026, rather than certain buildings as established in By-law No. 16-2005 passed by City Council on January 24, 2005. The CZBL erroneously includes site-specific development standards that do not reflect the existing zoning for Site 4 and the new exception proposed for Site 4 will bring forward corrected standards reflecting the above previous approvals.

16The proposed amendment would correct the site-specific development standards and mapping of the CZBL to accurately reflect the zoning applicable to the ZZEN lands, as previously approved. Section 14.690 and related figures to the CZBL, as adopted on October 20, 2021, will be repealed and replaced with a new Section 14.690 and related figures, removing the ZZEN lands from Section 14.690 and introducing four new exceptions and related figures to the CZBL, specifically for the ZZEN lands. Consequential amendments to Maps 126, 144, 163, and 164 in Schedule A of the CZBL are also required. The proposed exceptions and figures are set out in Schedules B1 (“Proposed 690 Amendment”), B2 (“Proposed Site 1 Amendment”), B3 (“Proposed Site 2 Amendment”), B4 (“Proposed Site 3 Amendment”), and B5 (“Proposed Site 4 Amendment”) (together the “Proposed ZZEN Amendments”), attached to this Order. The proposed Schedule A mapping for each of Section 14.690 and the new exceptions are set out in Schedule B6, attached to this Order.

17Mr. Rappolt opined that the proposed amendments set out in Schedules A1 through B6 to the Order (together the “proposed VMC and ZZEN amendments”) have regard to s. 2 of the Act, and in particular ss. 2(h), (j), (m), (n), and (q), by correcting discrepancies between previously approved and in-force zoning by-laws or official plan policies, thereby ensuring orderly development of safe and healthy communities and resolving planning conflicts between public and private interests. Mr. Rappolt opined that the proposed VMC and ZZEN amendments will establish zones that permit a range of residential oriented land uses and establish higher density, mixed-use oriented zones in a Protected Major Transit Station Area.

18It is Mr. Rappolt’s opinion that the proposed VMC and ZZEN amendments are consistent with the policies of the Provincial Planning Statement, 2024 (“PPS”) and he provided detailed analysis of relevant sections in his Affidavit, including that the corrections contained in the proposed VMC and ZZEN amendments provide for a coordinated approach to dealing with planning matters consistent with policy 6.2 of the PPS. Among other policies, Mr. Rappolt referred to policies related to support of a range of housing options and densities, and those that encourage development and intensification within major transit station areas, concluding that the proposed VMC and ZZEN amendments are consistent with the policies of the PPS.

19Mr. Rappolt provided the opinion that the proposed VMC and ZZEN amendments conform with the policies in the York Region Official Plan 2022 (“Region OP 2022”). Mr. Rappolt provided a detailed analysis and opinion on the conformity of the proposed VMC and ZZEN amendments, including, inter alia, that they will permit residential, commercial, or employment-oriented uses which contribute to sustainable, healthy, and vibrant complete communities. Mr. Rappolt noted that the proposed VMC and ZZEN amendments show engagement between public stakeholders and governments to achieve coordination through the planning review process, which conforms with policies 7.1.1, 7.1.3 and 7.3.3 of the Region OP 2022.

20The City Official Plan, 2025 was adopted by the City on October 28, 2025, and is subject to approval by the Minister of Municipal Affairs and Housing; therefore, it is not yet in force. The in-force policies, which the proposed VMC and ZZEN amendments will be reviewed and assessed against, are the policies of the City Official Plan, 2010 (“VOP”), in addition to certain Region OP 2022 policies. Mr. Rappolt provided a detailed review of the relevant policies, concluding with his opinion that the proposed VMC and ZZEN amendments conform to the relevant policies of the VOP. With respect to the ZZEN lands, Mr. Rappolt opined that the proposed VMC and ZZEN amendments conform to policy 10.1.2.1 and 10.1.2.3 of the VOP by implementing the policies of the VOP, thereby regulating the use of land, buildings, or structures as established through an implementing zoning by-law.

21In summary, Mr. Rappolt opined that the proposed VMC and ZZEN amendments have regard to matters of Provincial interest, are consistent with the PPS, conform with the Region OP 2022 and VOP, and overall, represent good planning.

MM 27

22MM 27 appealed the CZBL, raising concerns which included that the CZBL improperly zones the MM 27 lands.

23On December 16, 2025, City Council passed By-law No. 287-2025 adopting Official Plan Amendment Number 150 (“OPA 150”) to permit additional developable area and amend site-specific development standards to facilitate the development of three-storey residential townhouses on the MM 27 lands. The proposed amendment would introduce a new site-specific zoning exception and associated schedules in the CZBL for the MM 27 lands, as established by OPA 150, and reflect the following development standards, zoning provisions, and Holding Symbol conditions:

• rezone the MM 27 lands from A Agriculture Zone to RT1 Townhouse Residential Zone, RM1 Multiple-Unit Residential Zone and EP Environmental Protection Zone, subject to a Holding Symbol;

• contain Holding Symbol conditions for environmental, noise, servicing, floodplain, and access;

• permit agricultural uses, including the protection of field crops, farm operation and agricultural-related uses in accordance with normal farm practices, or a use legally existing as of the date of the approval of the exception by the Tribunal until the Holding Symbol is removed from the MM 27 lands or any portion or phase thereof;

• permit townhouse dwellings in the RT1 Townhouse Residential Zone and multiple-unit dwellings in the RM1 Multiple-Unit Residential Zone; and

• set out specific lot and building requirements and development standards.

24The proposed amendment relating to the MM 27 Appeal will introduce a new site-specific exception and related figure to the CZBL with consequential amendments to Maps 138 and 139 in Schedule A of the CZBL, all of which are set out in Schedules C1 and C2, attached to this Order.

25Ms. McWilliam opined that the proposed amendments set out in Schedule C1 to the Order (the “proposed MM 27 amendment”) has regard to s. 2 of the Act, and in particular, ss. 2(a), (h), (j), (m), and (n), by correcting discrepancies between previously approved and in-force zoning by-laws or official plan policies, thereby ensuring orderly development of safe and healthy communities and resolving planning conflicts between public and private interests. Ms. McWilliam opined that the proposed MM 27 amendment has regard for the protection of ecological systems, including natural areas, features, and functions, and further, will establish zones that permit a range of residential land uses.

26It is Ms. McWilliam’s opinion that the proposed MM 27 amendment is consistent with the policies of the PPS and the corrections contained in the proposed MM 27 amendment provide for a coordinated approach to dealing with planning matters consistent with policy 6.2 of the PPS. Among other policies, Ms. McWilliam referred to policies related to efficient use of land, support of a range of housing options, and the achievement of complete communities, concluding that the proposed MM 27 amendment is consistent with the policies of the PPS.

27Ms. McWilliam provided the opinion that the proposed MM 27 amendment conforms with the policies in the Region OP 2022. Ms. McWilliam opined that the proposed MM 27 amendment will establish zones that permit a range of residential land uses. She noted that the proposed MM 27 amendment will conform with policy 3.4.5 of the Region OP 2022 through zoning portions of the MM 27 lands as Environmental Protection (“EP”) to prohibit or substantially restrict development and site alteration within identified key natural heritage features.

28Ms. McWilliam provided a detailed review of the relevant policies of the VOP, concluding that the proposed MM 27 amendment conforms with same. The proposed MM 27 amendment will re-zone portions of the MM 27 lands to permit three-storey residential townhouses while providing for the conservation of environmentally sensitive lands or features by restricting development on those portions of the MM 27 lands.

29In summary, Ms. McWilliam opined that the proposed MM 27 amendment has regard to matters of provincial interest, is consistent with the PPS, conforms with the Region OP 2022 and VOP, and overall, represents good planning.

ANALYSIS AND DECISION

30The Tribunal confirms that it has received, reviewed, and considered the materials and submissions which were contained in the City’s Motion Record and MM 27’s Motion Record.

31For the foregoing reasons, the Tribunal accepts the uncontested evidence of Mr. Rappolt and Ms. McWilliam. 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, conform with the Region OP 2022 and the VOP, and overall, represent good planning in the public interest. The Tribunal will grant the requested relief in the City’s Motion and MM 27’s Motion.

32The Tribunal was persuaded by the detailed written evidence proffered by both Mr. Rappolt and Ms. McWilliam. The Tribunal finds that the proposed VMC and ZZEN amendments and the proposed MM 27 amendment will meet municipal and provincial planning objectives and will, among other things, resolve planning conflicts between public and private interests. The amendments permit a range and mix of residential land uses, promote the efficient use of land, resources, infrastructure, public service facilities, and existing and future transit while recognizing the ecological function of portions of the MM 27 lands. Further, the proposed VMC and ZZEN amendments encourage, among other things, intensification in major transit station areas, which is currently a priority of the Province of Ontario.

33Based on the uncontested affidavit evidence of Mr. Rappolt and Ms. McWilliam, 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.

ORDER

34THE TRIBUNAL ORDERS that:

1. The following Orders recorded in this Decision and approval of portions of the City of Vaughan Comprehensive Zoning By-law No. 001-2021 (“CZBL”) and the City of Vaughan By-law No. 038-2022 (“Transition By-law), where applicable, as attached hereto as Schedules A1 through C2, are without prejudice to the disposition of any other appeals of the CZBL and Transition By-law, and any unapproved portions 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 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 C2, 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 C2 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

2. 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.

City of Vaughan Motion

VMC Condos Limited Partnership and Graywood Acquisitions Limited (Appeal No. 002777 and Appeal No. 004809)

3. Appeal No. 002777 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law No. 001-2021, and Appeal No. 004809 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being an appeal by VMC Condos Limited Partnership and Graywood Acquisitions Limited, are allowed in part and Comprehensive Zoning By-law No. 001-2021 is amended as follows:

• Exception 14.635 is repealed and replaced with a new Exception 14.635 in the form set out in Schedule A1 to this Order;

• A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law No. 001-2021, 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 A2 to this Order;

• Schedule A – Maps 31 and 51 are amended in the form set out in Schedule A3 to this Order; and

4. In all other respects, the Tribunal orders that Appeal No. 002777 to Comprehensive Zoning By-law No. 001-2021 and Appeal No. 004809 to By-law No. 039-2022 are dismissed.

ZZEN Group of Companies Limited (Appeal No. 002765 and Appeal No. 004767)

5. Appeal No. 002765 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law No. 001-2021 and Appeal No. 004767 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by ZZEN Group of Companies Limited, are allowed in part and Comprehensive Zoning By-law No. 001-2021 is amended as follows:

• Exception 14.690 is repealed and replaced with a new Exception 14.690 in the form set out in Schedule B1 to this Order;

• A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law No. 001-2021, 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 B2 to this Order;

• A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law No. 001-2021, 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 B3 to this Order;

• A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law No. 001-2021, 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 B4 to this Order;

• A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law No. 001-2021, 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 B5 to this Order;

• Schedule A – Maps 126, 144, 163, and 164 is amended in the form set out in Schedule B6 to this Order and

6. In all other respects, the Tribunal orders that Appeal No. 002765 to Comprehensive Zoning By-law No. 001-2021 and Appeal No. 004767 to By-law No. 039-2022 are dismissed.

MM 27 Ltd. Motion

MM 27 Ltd. (Appeal No. 002742)

7. Appeal No. 002742 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law No. 001-2021, being an appeal by MM 27 Ltd., is allowed in part and Comprehensive Zoning By-law No. 001-2021 is amended as follows:

• A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law No. 001-2021, 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;

• Schedule A – Maps 138 and 139 are amended in the form set out in Schedule C2 to this Order; and

8. In all other respects, the Tribunal orders that Appeal No. 002742 to Comprehensive Zoning By-law No. 001-2021 is dismissed.

9. The Panel 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

“S. Braun”

S. BRAUN

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

SCHEDULE A2

SCHEDULE A3

SCHEDULE B1

SCHEDULE B2

SCHEDULE B3

SCHEDULE B4

SCHEDULE B5

SCHEDULE B6

SCHEDULE C1

SCHEDULE C2