THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER 133-2016 A By-law to designate by Number an amendment to City of Vaughan By-law Number 1-88, as effected by the Ontario Municipal Board. The Council of The Corporation of the City of Vaughan ENACTS AS FOLLOWS: 1. THAT the Amendment to City of Vaughan By-law 1-88, as effected by the Ontario Municipal Board Order Issue, dated the 4th day of September, 2015 (OMB File No. PL 141122), attached hereto as Schedule "1 ", is hereby designated as By-law Number 133-2016. Enacted by City of Vaughan Council this 20th day of September, 2016. Authorized by Item No. 17 of Report No. 2 of the Committee of the Whole Adopted by Vaughan City Council on January 20, 2015.
Transcript
THE CITY OF VAUGHAN
BY-LAW BY-LAW NUMBER 133-2016
A By-law to designate by Number an amendment to City of Vaughan By-law Number 1-88, as effected by the Ontario Municipal Board.
The Council of The Corporation of the City of Vaughan ENACTS AS FOLLOWS:
1. THAT the Amendment to City of Vaughan By-law 1-88, as effected by the Ontario Municipal
Board Order Issue, dated the 4th day of September, 2015 (OMB File No. PL 141122), attached
hereto as Schedule "1 ", is hereby designated as By-law Number 133-2016.
Enacted by City of Vaughan Council this 20th day of September, 2016.
Authorized by Item No. 17 of Report No. 2 of the Committee of the Whole Adopted by Vaughan City Council on January 20, 2015.
ATTACHMENT 1
DRAFT ZONING BY·LA W AMENDMENT NINE-TEN WEST LIMITED FILE: Z.13.043/M.ARK AN s.ciilill..ULEJ~CJP..ALJ10.ARI1J::l.EARINf~EJJARY.2.0 ... 2-Q.l5.
A By·law to amend Clty ofVaughnn By-law 1··88.
WHEREAS the matters hemin set out are fn conformity vvith the Official P!an af the Veughan Planning
Area, which Is approved and In force at thfs time;
AND WHEREAS U1era has been no amendment to 1t1e Vaughan Official Plan adopted by Council but
not approved at this time, vvlth which tho matters herein set out are not in conformity;
NOW THEREFORE the Council of 111e Corporation of !he City of Vaughan ENACTS AS FOllOWS:
1. That City of Vaughan By-law Number 1-88, as amended, be and U fs herebyfurthnr amended by:
a) Re:o:onlng tha lands shown "SlJbject Lands· on Schedule 'T' a1t.ached hereto from A
b)
Agrlcullurol Zone to GMU3{H) Mixed Use 3 ·· Canv!!!e Centre Zone '>viih !he Holding Symbol
"(H)", RT1 Res!dent!ai'Townhouse Zcme and OS2 OpBil Space Park Zone In manner
sho\Nrl on !he sald Schedule 'T',
follo-Hlng Paragraph to Section 9.0 "EXCEPTIONs·:
The fol!m'Vlng provisions shalf apply to I
Symbol ff(Ht as shown on Schedule ·E~
zoned wlth the Holding
removed pursuant to Secfion 36( 4} or the Planning Act:
1) Lands zoned v.~lh the Holding Symboi"(H)'" shall oo used on!y for the
production of !leJd crops or a use legally existing as of the dato of the 13~
armctment of By~law ~ 2011\~;e Holdlng Syrnool"(H)"sh:al! not ba
removed unlllsuch time as water and mmltruy sev.'Sge capacity has
been Identified and allocated and a Slte Development App!!catlon(s)
for the sub}Esct lands has been approved by Vaughan Council;
il) Prior to removsl of the Holding Symbol •(H}" pursuant to Subr..ocAlcm
l), the lc.mds :roned with the Holding
4, 6, 7, 8, 10 and 11 on Schedu!e
, sht)wn as Blocks
permit the following:
a) stand-alone, slngie-use commercial building."! and s
temporary parklng lot shall oni)' be permli!ed on an interim
basis on the !;.'!nds shown Block ·w, pmvided that the
uses comply \\1th tha permitted uses In Subsectic)n 5.15,
Symbol "(Hr. and shall lo Site !Jovelopmer.t
Application approved b)• VaL)ghan Cotmcll;
e) A temporary parking lot shall only be pormltted on th~~ lands
shown as Block 11, and shall comply wllh the development
sltmdards in Scht'du!a A4.1, The temporary partlng lot
shall to ax!st upon removal of the Holding Symbol
·(Hr. and shall bo subjt~t to a Site Development
Applicallon approved by Vaughan Councll;
f) The axlstlng temporary
shan be retalnad.
office lot:::ated on Block "7"
B. Notwitllstandlng the provisions of:
a) Subsection 2.0 respecting the definil!on oi lot aoo Front Lot Una
and Subsection 3.21 respecting Frontage on PubHc Street;
b) Subsection 4.22.3 and Schedule A3 respecting the zone standards
In the RT1 ResldenUal·rO'Aifihouse Zone {On a Lot Acc-A)ssed By a
lane);
c) Subsec!lon 5.15 respecting Pem11lied Uses, lHJbsection 5.1 J; and
Schedule A4.1 rcspectlng zone s!andards In the CMU3 Carrv!lle
Centre Zone;
d) Subsection 3.8.3 a) respecting vehlc!a parking spaces and areas
baing provided and maintained on the lot !o which lhi:ty serve
the following provlslom; to lamh;
Lands" on Schedulem
"a I} A lot shH! be dfxfined a pa~! of land froo!!no onto a t1Ub!lc park
with lhe rear facrng onto a lane onyfor lhr~ lots fronting on!o lhe OS2
Open Space Pari( Zone In Bloc!~ 1;
ali) The front lo! line for Blocks 5, 8, 9 and 10 shaU be the lot !Ins facing
SlmetA;
ali)
alv)
bl)
bli)
b!li)
b!v)
bv)
The front lot line for Blocks i 1 and 12 shall the lot line facing
B;
The front !o• Une shall be Rutherford Road for Sfoc.k l3 Dufferin
Street for 7;
The minimum lot shall m2/ Llnlt;
The minimum lot depth shall be 25 m;
Th~1 maximum hul!ding height shall 12m;
Tho mln!mum front yard setback shall be 4.0
Themln!mum y,ard setback for a dwelling with an att.m.:hed
FILE: Z.13.043 RELATED FILE: 19T -1.3VO'l 0 SIGNING OFFIC.Ef6 LOCATION: Part of Lot 16, Concession 3 Q~~€-Q _
APPLICANT: NINE-TEN WEST LIMITED --o~Q€.~0,~ MAYOR CITY OF VAUGHAN ~O~~~'Oet A'------·"'-~---
043eto! dwg se~\e CLERt< , -~~~= .. m-.,-.,~="~
N
NOT TO SCALE
SCALE
FILE: Z.13.043
OAK RIDGES MC)Rt\!NE BOUNDARY
MAP BY-LAW 1-88
\p
RELATED FILE: 19T-·13V010 SIGNING OFFICERS LOCATION: Port of Lot 161 . Conce~sion 3 QP..~~~-""""''~ APPUCANT: NINE-·l'EN WEST LIMITED 0~Q€.~o'\~ MAYOR CITY OF VAUGHAN e,oP..~~bet "-
~te''' N \Drf\ 1 ·6Y-·tAWS\t\:L 13043eta'.dwg se~
The lands subject to this By· law aro located at the northwest co mar or Rutherford Road and Dufferin Street. in Part of lot 16, Concession 3, City of Vaughan.
The purpose of this by..faw l~ to Introduce a new xone and development standards Into the City's Comprehensive Zoning By-law 1--88, In order to 'mplement the policies Oftt)e Carrvnle Centre &;oonda.ry Plan and Co rezone the subject lands from A Agticulturd! Zona to RT1 Rel:lldenUa! Townhouse Zone, OS2 Open Space Park Zone and CMU3(H) Mixed Use-- Carrv~'!e Centra Zona 1.\/ith the Holding Symbol M(H)".
This by-law 1nlroduces standards for the CMU3 Mixed Use C'H!!rrvH!e Centre Zon~ category, which will support the type of development require<! by the Carrvlle Centre Secondary Plan. These Include the establishment of a buijd-withln zone together with maximum building height and density provisions, mlnfmum parking standards and other specific bultt form standards. The by-la\N also permits Interim uses on spe-cffic blocks zoned with the Holding Symbol "(H)" In order to phase development appmprlately.
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SCHEDULE "1" TO BY-LAW i.3::2-2016
Ontario Municipal Board Commission des affaires municipales de I' Ontario
Ontario
ISSUE DATE: September 4, 201 CASE NO(S): PL 141122
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Subject:
Existing Designation:
Proposed Designation:
Purpose:
Property Address/Description:
Municipality: Approval Authority File No.: OMB Case No.: OMB File No.: OMB Case Name:
Nine-Ten West Limited Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment "Mixed Use 1" "Mixed Use 2" and "Parks" ,
"High Rise Mixed-Use", "Low-Rise Mixed Use" and "Parks" To permit the development of a highly urbanized mixed use residential area with office and commercial uses that includes a range of housing types and commercial uses in a compact built form integrated with parks, open space and an efficient transportation system Bounded by District Avenue to the north, Dufferin Street to the east, Rutherford Road to the south, and Grand Trunk Avenue to the west City of Vaughan OP.13.015 PL 141122 PL 141122 Nine-Ten West Limited 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: Subject:
Existing Zoning:
Nine-Ten West Limited Application to amend Zoning By-law No. 1-88, as amended - Refusal or neglect of the City of Vaughan to make a decision "A Agricultural Zone"
Proposed Zoning:
Purpose:
Property Address/Description:
Municipality: Municipal File No.: OMB Case No.: OMB File No.:
2 PL 141122
"CMU3 Mixed Use 3 - Carrville Centre Zone", "RT1 Residential Townhouse Zone" and "OS2 Open Space Park Zone" To permit the development of a highly urbanized mixed use residential area with office and commercial uses that includes a range of housing types and commercial uses in a compact built form integrated with parks, open space and an efficient transportation system Bounded by District Avenue to the north, Dufferin Street to the east, Rutherford Road to the south, and Grand Trunk Avenue to the west City of Vaughan Z.13.043 PL 141122 PL141123
PROCEEDING COMMENCED UNDER subsection 51 (34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Subject:
Purpose:
Property Address/Description:
Municipality: Municipal File No.: OMB Case No.: OMB File No.:
Heard:
Nine-Ten West Limited Proposed Plan of Subdivision - Failure of the City of Vaughan to make a decision To permit the development of a highly urbanized mixed use residential area with office and commercial uses that includes a range of housing types and commercial uses in a compact built form integrated with parks, open space and an efficient transportation system Bounded by District Avenue to the north, Dufferin Street to the east, Rutherford Road to the south, and Grand Trunk Avenue to the west City of Vaughan 19T-13V010 PL 141122 PL141124
February 20, 2015 in Vaughan, Ontario
3 PL 141122
APPEARANCES:
Parties Counsel
Nine-Ten West Limited B. Horosko
City of Vaughan C. Storto
DECISION DELIVERED BY C. CONTI AND ORDER OF THE BOARD
[1] This is the decision resulting from a Pre-hearing Conference ("PHC") for an
appeal by Nine-Ten West Limited ("Appellant") regarding the failure of the City of
Vaughan ("City") to make a decision regarding applications for a proposed amendment
to the City's Official, Plan, an amendment to Comprehensive Zoning By-law No. 1-88,
and for a proposed plan of subdivision for a property bounded by District Avenue,
Dufferin Street, Rutherford Road and Grand Trunk Avenue in Vaughan.
[2] At the beginning of the proceeding, the Board heard that the parties had reached
a settlement and the parties filed a Zoning By-law Amendment (Exhibit 2), a Plan of
Subdivision (Exhibit 3) and Conditions of Draft Plan Approval (Exhibit 4) which had their
consent. Barry Horosko indicated that the appeal of the Official Plan Amendment had
been withdrawn. The Board converted the PHC into a hearing to consider evidence
regarding the Zoning By-law amendment and plan of subdivision.
[3] The Board heard evidence in support of the settlement from Daniel Leeming,
Partner with the Planning Partnership. Mr. Leeming is a Registered Professional
Planner who has over forty years of experience. He was qualified by the Board as an
expert in land use planning.
[4] The Board also heard evidence from Mark Antoine, Planner in the City's
Development Planning Department. Mr. Antoine has a Master of Planning Degree and
is a Provisional Member of the Ontario Professional Planner's Institute. He was qualified
by the Board as an expert in land use planning.
4 PL 141122
[5] The Board heard that the Appellant owns a site, approximately 11.2 hectares
("ha.") in size, located within the Carrville Centre Secondary Plan area of the City
("subject property"). The lands are within Carrville Centre which is one of six identified
centres in the City.
[6] Mr. Leeming indicated that the area is intended to be developed as a compact,
transit supported community and that the subject property is intended to be the most
intense urban area within the Carrville Centre. He indicated that the lower density lands
within the Centre have already been developed.
[7] An existing townhouse development is located to the west of the subject
property, medium and high density development is located to the north and east and
there is a shopping mall to the south.
[8] Mr. Leeming noted that an urban design study had been completed for the area
which established heights and densities. The application follows the recommendations
of the study. The application will create an internal main street with retail uses in the
core area around an urban square. The proposed Zoning By-law Amendment and Plan
of Subdivision would facilitate the development of fourteen blocks that comprise the site.
Townhouse development is proposed on blocks 1 to 3 in the northwest part of the site.
The remainder of the property will contain high-rise development up to 25 storeys in
blocks 4 to 12, and parks in blocks 13 and 14 (Exhibits 2 and 3). The proposed
townhouse development is intended to be located adjacent to the existing townhouses
and the proposal steps up to higher density to the east and south.
[9] Mr. Leeming's opinion was that the proposal promotes transit supported densities
and cost effective development. He maintained that the proposal has regard for the
Growth Plan for the Greater Golden Horseshoe ("Growth Plan"). Mr. Leeming also
stated that the proposal is consistent with the Provincial Policy Statement ("PPS").
[1 0] Mr. Leeming stated that the applications conform to the York Region Official Plan
and the City's Official Plan. The Carrville Centre Secondary Plan calls for Carrville
5 PL141122
Centre to be the focus of higher order land uses, and is intended to provide a mixture of
uses that are transit supported (Exhibit 1, Tab 2, p. 11 ). Mr. Leeming stated that the
proposal conforms to the Secondary Plan's intent and complies with the Plan's vision.
He also indicated that the proposal complies with the Secondary Plan's land uses.
[11] Mr. Leeming stated that City staff supported the applications and he indicated
agreement with the recommendations of staff. He stated that staff addressed issues that
had been raised by the public and they concluded that the proposal is in keeping with
the Secondary Plan and will result in an appropriate and compatible development
(Exhibit 1, Tab 5). He also stated that City planning staff have approved the proposed
conditions of draft plan approval (Exhibit 4).
[12] In Mr. Leeming's opinion, the proposed Zoning By-law Amendment is
appropriate, it represents good planning and it should be approved.
[13] Mr. Leeming stated that the Plan of Subdivision has regard for all provisions of s.
51 (24) of the Planning Act ("Act"). He indicated that it conforms to the Carville Centre
Secondary Plan and it has been prepared in lock step with the proposed Zoning By-law
Amendment. He stated that it represents good planning and it should be approved.
[14] Mr. Leeming also indicated that the conditions of draft plan approval are
appropriate and are reasonable pursuant to s. 51 (25) of the Act.
[15] Mr. Antoine's evidence supported Mr. Leeming's opinion. He indicated that he
had been involved in preparing the City reports on the proposal and he dealt with the
concerns of the public. He stated that there had been no contact from members of the
public prior to the proceeding. Furthermore, the Board heard that there had been
extensive public consultation with regard to the proposal and that notice for the PHC
had been provided to a larger area than required.
[16] The Board has considered the evidence and submissions regarding this matter.
The Board acknowledges the withdrawal of the appeal of the Official Plan Amendment.
6 PL141122
[17] The expert opinion evidence in support of the proposal is uncontested.
Furthermore, no members of the public appeared at the PHC to raise concerns or to
request status.
[18] Based upon the evidence, the Board finds that the proposed Zoning By-law
Amendment (Exhibit 2) complies with all requirements of the Act, it has regard for the
Growth Plan, it is consistent with the PPS, it complies with the York Region and City's
Official Plans and the Carrville Centre Secondary Plan, it represents good planning and
it should be approved.
[19] Furthermore, the Board finds that the Plan of Subdivision (Exhibit 3) has regard
for the Growth Plan and it is consistent with the PPS. It also complies with all provisions
of s. 51 (24) of the Act and the proposed conditions of draft plan approval (Exhibit 4) are
reasonable pursuant to s. 51 (25) of the Act.
[20] Based upon the above considerations, the Board will allow the appeal in part and
approve the Zoning By-law Amendment and Plan of Subdivision. The appropriate order
is provided below.
ORDER
[21] The Board orders that the appeal is allowed in part and City of Vaughan Zoning
By-law No. 1-88 is amended as set out in Attachment 1;
[22] And furthermore the draft plan of subdivision shown on the plan prepared by
