Pl171046-Nov-25-2019.Pdf

Local Planning Appeal Tribunal Tribunal d’appel de l’aménagement local

ISSUE DATE: November 25, 2019 CASE NO(S).: PL171046

The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Valley Major Developments Limited Subject: Request to amend the Official Plan - Failure of City of Vaughan to adopt the requested amendment Existing Designation: “Urban Village and Woodbridge Expansion Area”, “Estate Residential and Stream Corridor”, “Area of Natural and Scientific Interest (Kleinburg Woodlot)” and “Woodland Area” Proposed Designation: A site specific Official Plan Amendment Purpose: To permit a common element condominium townhouse development Property Address/Description: 4433, 4455 & 4477 Major Mackenzie Drive West Municipality: City of Vaughan Approval Authority File No.: OP.17.005 OMB Case No.: PL171046 OMB File No.: PL171046 OMB Case Name: Valley Major Developments 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: Valley Major Developments Limited Subject: Application to amend Zoning By-law No. 1-88 - Refusal or neglect of City of Vaughan to make a decision

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Existing Zoning: “RR” (Rural Residential) Proposed Zoning: “RVM2” (Residential Urban Villa Multiple Family Zone Two) and “OS5” (Open Space Environmental Protection Zone) Purpose: To permit a common element condominium townhouse development Property Address/Description: 4433, 4455 & 4477 Major Mackenzie Drive West Municipality: City of Vaughan Municipality File No.: Z.17.013 OMB Case No.: PL171046 OMB File No.: PL171047

Heard: October 18, 2019 in Vaughan, Ontario

APPEARANCES:

Parties Counsel

Valley Major Developments Limited I. Kagan K. Jennings

City of Vaughan C. Facciolo

MEMORANDUM OF ORAL DECISION DELIVERED BY THOMAS HODGINS ON OCTOBER 18, 2019 AND INTERIM ORDER OF THE TRIBUNAL

DISPOSITION

[1] After considering the evidence and submissions, the Tribunal: allows the appeals in part; approves an Official Plan Amendment (“OPA”); approves a draft zoning by-law amendment (“ZBLA”) in principle; and withholds its final approval of the ZBLA until the Parties have a reasonable opportunity to finalize it.

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SETTLEMENT HEARING

General

[2] This Memorandum of Oral Decision and Interim Order results from a settlement hearing on appeals submitted by Valley Major Developments Limited (“Appellant”) of the City of Vaughan’s (“City”) refusal to approve applications submitted by the Appellant for an OPA and a ZBLA that would allow a townhouse development at 4433, 4455 and 4477 Major Mackenzie Drive West (“Site”).

[3] The Appellant and City (the “Parties”) appeared at the settlement hearing and were represented by Counsel as noted. Two other Parties identified at Pre-hearing Conferences - the Toronto Region Conservation Authority (“TRCA”) and Richard Rodero - have withdrawn as Parties. Participants identified at Pre-hearing Conferences have withdrawn or did not attend.

[4] The Parties confirmed that a settlement had been reached and submitted a draft OPA and a draft ZBLA. The Parties requested that the Tribunal approve the draft OPA and draft ZBLA in principle and withhold the final order until the Parties have an opportunity to format, correct and confirm minor aspects of the draft instruments.

Planning Evidence

[5] Rosemarie Humphries was called by Kristie Jennings to give evidence. Ms. Humphries is a consultant engaged by the Appellant and she was qualified to provide independent expert opinion evidence in land use planning.

[6] Ms. Humphries used a comprehensive Document Book to support her testimony and it includes a copy of a report dated June 4, 2019 from the City’s Deputy City Manager, Planning and Growth Management (“Staff Report”) which recommends the settlement to the City’s Committee of the Whole and which serves as the basis for the City’s decision to settle this matter.

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[7] Ms. Humphries advised the Tribunal that:

A. the Site is at the south-east corner of Major Mackenzie Drive West and Pine Valley Drive. It is about 3 hectares (“ha”) in area, with a frontage on Major Mackenzie Drive West of about 190 metres (“m”) and a frontage on Pine Valley Drive of about 91 m. Major Mackenzie Drive West is a 4 lane Regional arterial road and Pine Valley Drive is a 2 lane Regional arterial road abutting the Site;

B. one single detached dwelling is located on the Site. Most of the eastern and southern parts of the Site are, as described by the TRCA, a valley corridor associated with Marigold Creek as well as a portion of the Kleinburg Woodlot, a Regional Area of Natural and Scientific Interest;

C. most of the area to be developed for townhouses is physically separated from abutting uses by the arterial roads and the valley/open space system; and

D. the original development proposal has been revised through discussions with the City and other technical commenting agencies and now consists of 91 three storey townhouses and valley/open space lands to be conveyed to the TRCA for its long term stewardship and protection. The Site will be accessed by two driveways, one on Major Mackenzie Drive West and one on Pine Valley Drive.

[8] Ms. Humphries submitted that the east part of the Site is subject to the City’s 2010 Official Plan (“OP”) and is designated Low Rise Residential and Natural Areas and is located within a Community Area and Natural Areas and Countryside. As a result of an appeal to the OP, another part of the Site is designated Estate Residential and Valley Stream Corridor in an instrument referred to as OPA 600. The Appellant has agreed to withdraw the appeal to the OP as part of the current development process.

[9] Ms. Humphries explained the draft OPA, which is Site-specific and which allows

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a maximum of 91 townhouses, a maximum of eight units per block and a maximum height of three storeys. Ms. Humphries testified that the draft OPA complies with the goals and objectives of OPA 600 and the OP and explained why. In concert, the Staff Report advises that: the Development Planning Department can support the OPA; the proposed development standards are considered to be compatible and have regard to the character of the immediate area; the development meets the intent of the “Community Area” and “Core Features” policies of the OP and will have no adverse impact on the adjacent ANSI and natural features; and the project conforms to the Natural Areas policies of the OP.

[10] The draft OPA has been finalized and submitted by the Parties. A copy of the final OPA is provided in Attachment 1 appended to this Memorandum of Oral Decision and Interim Order. It is consistent with the draft OPA submitted at the hearing.

[11] The Site is Zoned Rural Residential (RR) in Zoning By-law No. 1-88 which does not permit the proposed development. Ms. Humphries advised that a ZBLA is required to permit townhouses and to implement certain Site-specific zoning exceptions that regulate matters of built form including density, massing, scale, siting and setbacks along with the general provisions of the ZBL. A copy of the draft ZBLA is provided as Attachment 2 appended to this Memorandum of Oral Decision and Interim Order.

[12] It is Ms. Humphries’ opinion that the draft ZBLA complies with the OP, as proposed to be amended, as it advances a modest form of low rise intensification on that part of the Site which is appropriate for residential development and protects the valley/open space lands consistent with the applicable natural heritage system policy framework. She also advised that the draft ZBLA allows a development that is transit supportive, well designed and complementary to recent approvals and developments in the area. Ms. Humphries testified that the draft ZBLA conforms, as well, to the goals and objectives of OPA 600. The Staff Report indicates that the Development Planning Department is also satisfied that the proposed rezoning maintains the intent of the OP and will facilitate a development that is compatible with the existing and planned built

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form in the surrounding areas.

[13] Ms. Humphries told the Tribunal that the draft OPA and ZBLA are consistent with the Provincial Policy Statement, 2014 (“PPS”). The Site is in a Settlement Area and the proposed development represents an efficient land use pattern that will make use of existing transit, water and waste water infrastructure. The townhouses represent an appropriate form and amount of intensification in a compact design. The draft OPA and ZBLA protect the natural heritage and water features on the Site consistent with the PPS. The development limits are acceptable to the TRCA and natural heritage features are being rezoned OS 1-Open Space Conservation Zone. City Staff, as reflected in the Staff Report, are also of the opinion that the proposal is consistent with the PPS.

[14] The draft OPA and ZBLA conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan 2019”) according to Ms. Humphries as they prioritize intensification in an area intended for growth on a Site that is serviced. She said the development is transit-supportive and will increase ridership on the existing transit routes serving the area. Ms. Humphries also advised that the draft OPA and ZBLA protect natural heritage features in the manner directed by the Growth Plan. The Staff Report agrees that the proposal conforms to the Growth Plan 2019.

[15] The Site is designated Urban Area and Regional Greenlands System in the Regional Municipality of York’s (“Region”) Official Plan (“YROP”) and abuts a Regional Transit Priority Network. Ms. Humphries said the draft OPA and ZBLA conform to the YROP and will help the Region meet its population growth forecasts and minimum intensification targets. They facilitate residential development in an existing built-up area beside a transit corridor and provide for an appropriate transition to adjacent areas. The Greenlands System includes the Kleinburg Woodlot and the ANSI. The development limits and buffers reflected in the draft planning instruments are satisfactory to the TRCA and the Ministry of Natural Resources and Forestry and the Appellant will be creating a new wetland in the Marigold Creek valley as part of an agreed-upon compensation package that reflects the loss of an existing wetland elsewhere on the

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Site. The Staff Report also agrees that the proposal conforms to the objectives of the YROP.

[16] Ms. Humphries concluded her evidence by indicating that the draft OPA, draft ZBLA and proposed development represent good land use planning, are appropriate for approval and are in the public interest.

ANALYSIS AND FINDINGS

[17] The Parties have reached a settlement and the only evidence at the hearing was in support of the draft OPA and ZBLA.

[18] As noted, some minor corrections to the draft OPA provided at the hearing have been made by the Parties and they have submitted a final OPA.

[19] Relying on Ms. Humphries evidence and opinion, the Tribunal finds that it is appropriate to approve the OPA, approve the draft ZBLA in principle and withhold the final order on the approval of the ZBLA until it is finalized by the Parties consistent with the draft presented at the hearing.

[20] In making its Decision, the Tribunal had regard to matters of provincial interest. The Tribunal also finds that its Decision is consistent with the PPS and conforms to the Growth Plan 2019.

[21] The Site is at the intersection of two Regional arterial roads with Municipal and Regional services available to it. It is about three ha in size with one single detached dwelling on it. It is underutilized in this context. The OPA and draft ZBLA being approved by the Tribunal allow a modest, compatible and appropriate form of low rise development and protect the adjacent valley/open space lands consistent with Provincial policy and to the satisfaction of the City and the TRCA.

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INTERIM ORDER

[22] The Tribunal orders that:

A. The appeals are allowed in part.

B. The Official Plan Amendment appended to this Memorandum of Oral Decision and Interim Order as Attachment 1 is approved.

C. The draft ZBLA appended to this Memorandum of Oral Decision and Interim Order as Attachment 2 is approved in principle.

D. The Final Order on the ZBLA is withheld until the Parties submit to the Tribunal a final version of the ZBLA with confirmation from Ms. Humphries that it is consistent with the draft ZBLA she supported in her testimony. The Parties have until 5 p.m., Friday, January 17, 2020 to submit the final ZBLA. If a final version of the ZBLA is not submitted by that time, the Tribunal intends to finally approve the draft ZBLA.

[23] This Member may be spoken to should any issues arise.

“Thomas Hodgins”

THOMAS HODGINS MEMBER

If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format.

Local Planning Appeal Tribunal A constituent tribunal of Tribunals Ontario - Environment and Land Division Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

ATTACHMENT 1

AMENDMENT NUMBER 49

TO THE VAUGHAN OFFICIAL PLAN 2010

OF THE VAUGHAN PLANNING AREA

The following text and Schedules “1”, and “2” constitute Amendment Number 49 to the Official Plan of the Vaughan Planning Area.

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

Authorized by Item No. 5 of Report No. 20 of the June 4 Committee of the Whole Adopted by Vaughan City Council on June 12, 2019 I PURPOSE

The purpose of this Amendment to Vaughan Official Plan 2010 (“VOP 2010”) is to amend the provisions of

Volume 2, Section 13.15 South East Corner of Major Mackenzie Drive and Pine Valley Drive to facilitate a residential development consisting of 91, three-storey townhouse dwelling units within 16 blocks on the

Subject Lands (the “Development”).

This Amendment will facilitate the following with respect to the Subject Lands identified as “Lands Subject to Amendment No. 49” on Schedule “1”, attached hereto:

1. Permit a maximum of 91 three-storey townhouse dwelling units notwithstanding the new

development within established “Community Areas” policies of Sections 9.1.2.2 and 9.1.2.3; and

2. Permit a maximum of 8 attached residential units within a townhouse block.

II LOCATION

The lands subject to this Amendment, hereinafter referred to as the “Subject Lands”, are located at the southeast corner of Major Mackenzie Drive and Pine Valley Drive, and are municipally known as 4433,

4455, and 4477 Major Mackenzie Drive.

III BASIS

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

1. The Provincial Policy Statement 2014 (“PPS”), provides the overall direction on matters of provincial

interest related to land use planning and development, and includes policies that encourage new growth

to urban areas. The PPS promotes efficient, cost-effective development and land use patterns.

The Development is consistent with the policy framework of the Settlement Areas, Housing and Natural

Heritage policies of the PPS, as it implements growth within a Settlement Area, creates a more efficient

use of the Subject Lands by minimizing land consumption, introduces a housing typology (townhouses)

that will help accommodate a greater range of housing options and meet projected housing needs, which

support healthy communities. The Development will provide a greater variety of housing options for the

City of Vaughan, thereby contributing to the projected housing needs. The Development will help to restore

and provide long-term protection for the surrounding natural environment by bringing the natural areas into

public ownership. 2

2. The Provincial Growth Plan for the Greater Golden Horseshoe 2019 (the “Growth Plan”) is intended to

guide the development of land; encourage compact built form, transit supportive communities, diverse land

uses, and a range and mix of housing types; and direct growth to settlement areas that offer municipal

water and wastewater systems. The Growth Plan states that a focus for transit and infrastructure

investment to support future growth can be provided by concentrating new development in these areas

and creating complete communities with diverse housing types.

The Development implements a residential development within a Settlement Area, where existing and

new municipal water and wastewater services would be made available. The Development contributes

to meeting residential development growth targets within the delineated built-up area and will offer

diversity with respect to the available housing options within the community. The Development

optimizes the use of the existing land supply, makes more efficient use of the existing infrastructure, is

located adjacent to planned transit (a “Regional Transit Priority Network”), and provides a density that

is supportive of these objectives. The Development will protect the key natural heritage features on the

Subject Lands by bringing it into public ownership.

3. The York Region Official Plan 2010 (“YROP 2010”) designates the Subject Lands as “Urban Area”,

which permits a range of residential, commercial, employment and institutional uses. YROP 2010

encourages a broad range of housing types within efficient and mixed-use compact communities at an

overall transit-supportive density.

The Development consists of 91 three-storey townhouse units that contribute to a compact and diverse

housing stock. The Development offers a variety in townhouse unit sizes and is in close proximity to

public transit that currently operates on both Major Mackenzie Drive and Pine Valley Drive, and Major

Mackenzie Drive is identified as a “Regional Transit Priority Network”. The Development will diversify

the housing options within the established community and will create new pedestrian connections along

Major Mackenzie Drive and Pine Valley Drive. The Development integrates a pedestrian-friendly urban

form that integrates with and is enhanced by landscaped and amenity areas. The Development is

located outside of the Natural Heritage Core Features; however, for the lands identified within the

Regional Greenlands System, its protection will be ensured through the dedication of these lands to

the appropriate public authority. The Development conforms to the YROP 2010 as the proposed

townhouses will contribute to a range of housing choices in the City to meet the needs of residents and

workers of York Region.

4. On July 20, 2017, York Region exempted this Amendment from York Region approval, in accordance

with Policy 8.3.8 of the YROP, as it does not adversely affect Regional planning policies or interests.

5. The statutory Public Hearing was held September 19, 2017. The recommendation of the Committee of

the Whole to receive the September 19, 2017, Public Hearing report, and to forward a comprehensive

report to a future Committee of the Whole meeting, was ratified by Vaughan Council on September 26,

2017. Vaughan Council resolved on June 12, 2019 to advise the Local Planning Appeal Tribunal

(“LPAT”) that it approves Official Plan Amendment File OP.17.005 (Valley Major Developments

Limited), having considered a comprehensive report at a Committee of the Whole meeting on June 4,

2019.

6. The former Owner of 4455 and 4477 Major Mackenzie Drive appealed Vaughan Official Plan 2010

(VOP 2010), Volume 1, relating to the “Low-Rise Residential” designation, natural heritage and

transportation policies as they relate to these lands (identified as Appeal #65 – L-Star Developments,

in the City of Vaughan List of VOP 2010 Appellants). These lands are currently designated “Estate

Residential” and “Valley Stream Corridor” by OPA 600. The VOP 2010 appeal was carried forward by

the current Owner (Valley Major Developments Limited). Accordingly, Section 13.15 will require

approval by the LPAT to bring VOP 2010 into effect on the Subject Lands (in concert with the resolution

of Appeal #65) in order to allow an Official Plan Amendment to VOP 2010.

7. A previous version of Policy 13.15 was adopted by Vaughan Council on April 17, 2012. This version of

Policy 13.15 was appealed to the then Ontario Municipal Board (now LPAT)(Appellant #65, PL111184)

and included adjacent lands to the south of the Subject Lands. This version of the Policy 13.15 is no

longer applicable as the adjacent lands to the south have been developed and a site-specific

development application has been fully reviewed for the remaining Subject Lands.

IV DETAILS OF THE AMENDMENT AND POLICIES RELATIVE THERETO

Amendment No. 49 to the Official Plan of the Vaughan Planning Area, hereby amends VOP 2010 by:

1. Modifying Volume 1, Schedules 2 and 13 by adjusting the limits of the Natural Area (Core Feature line

for Schedule 2) as identified in Schedule 2 to OPA 49.

2. Modifying Volume 1, Schedule 14-C “Areas Subject to Site Specific Plans” in accordance with the

Subject Lands identified on Schedule “1” to this Amendment, known as “#14 - 4433, 4455, 4477 Major

Mackenzie Drive.”

3. Amending Volume 2, Section 13.1. “Areas Subject to Site-Specific Policies” by adding the following

policy:

“(OPA #49)13.1.1.14 The lands known as 4433, 4455, 4477 Major Mackenzie Drive are

identified on Schedule 14-C as Item #14 and are subject to policies set

out in Section 13.15 of this Plan.

4. Amending Volume 2, Section 13 “Site Specific Policies”, by adding the location map attached on

Schedule 1 and adding the following policies in sequential order.

“(OPA #49) 13.15 4433, 4455, 4477 Major Mackenzie Drive (South East Corner

of Major Mackenzie Drive and Pine Valley Drive)

13.15.1 General

13.15.1.1 The following policies shall apply to the lands identified

on Map 13.15.A.

13.15.1.2 A maximum of 91 townhouse units shall be permitted with access

from a private, common element condominium road.

13.15.1.3 Notwithstanding Policy 9.2.3.2.a) a townhouse is a Low-Rise

Residential building, up to three-storeys in height, and part of a

row of at least three but no more than eight attached residential

units.”

V IMPLEMENTATION

It is intended that the policies of the Official Plan of the Vaughan Planning Area pertaining to the Subject

Lands shall be implemented by way of an amendment to the City of Vaughan Comprehensive Zoning By-

law 1-88, and Site Development and Draft Plan of Condominium approvals, pursuant to the Planning Act.

VI INTERPRETATION

The provisions of the VOP 2010, as amended from time to time regarding the interpretation of that Plan

shall apply with respect to this Amendment.

APPENDIX I

The Subject Lands are located at the southeast corner of Major Mackenzie Drive and Pine Valley Drive, and municipally addressed as 4433, 4455, and 4477 Major Mackenzie Drive in the City of Vaughan.

The purpose of this Amendment is to amend the policies of Vaughan Official Plan 2010 (VOP 2010) to facilitate a low-rise residential townhouse development consisting of 91, three-storey townhouse dwelling units within 16 blocks served by a private common element condominium road by permitting a maximum of eight attached residential units within townhouse Blocks 5 and 12 on the Subject Lands.

On June 12, 2019, Vaughan Council ratified the June 4, 2019, Committee of the Whole recommendation, as amended, to approve Official Plan Amendment File OP.17.005 (and the corresponding Zoning By-law Amendment File Z.17.013). Vaughan Council approved the following recommendation:

“1. THAT Official Plan Amendment File OP.17.005 (Valley Major Developments Limited) BE APPROVED, to amend Vaughan Official Plan 2010 Volume 1, and OPA 600 for the Subject Lands shown on Attachment 1 to permit 91, 3-storey townhouse dwelling units within 16 blocks, with access from a private, common element condominium road, as shown on Attachments 2 to 6, as follows:

a) OPA 600 to redesignate 4455 and 4477 Major Mackenzie Drive from “Estate Residential” and “Valley Stream Corridor” to “Low-Rise Residential” and “Natural Areas”; and,

b) Vaughan Official Plan 2010, Volume 1, Sections 9.1.2.2 and 9.1.2.3 respecting new development within established “Community Areas” for the entirety of the Subject Lands.”

MAJOR MACKENZIEDRIVE

Metres 0 125 250 500 This is Schedule '1' To Official Plan Amendment No. 49 Adopted the _____ Day Of ______, 2019

File: OP.17.005 Related Files: Z.17.013 Location: Part of Lot 20, Concession 6 Lands Subject to Applicant: Valley Major Developments Limited Amendment No. 49 City of Vaughan

Document Path: N:\GIS_Archive\ByLaws\OP\OP.17.005\OP.17.005_OPA_LocationMap.mxd Created on: 7/9/2019 AY ARKW Map 13.15.A – THIS IS PART OF SCHEDMUILLWEOO 1D3P LAND USE MAP TO VOP 2010 ³

Natural Areas V I

E T Low-Rise Residential Natural Areas E

MAJOR MACKENZIE DRIVE

Natural Areas

Low-Rise Residential

VIA TEODORO Metres 0 37.5 75 150

This is Schedule '2' To Official Plan Amendment No. 49 Adopted the _____ Day Of ______, 2019

File: OP.17.005 Related Files: Z.17.013 Location: Part of Lot 20, Concession 6 Lands Subject to Applicant: Valley Major Developments Limited Amendment No. 49 City of Vaughan

Document Path: N:\GIS_Archive\ByLaws\OP\OP.17.005\OP.17.005_OPA_Schedule2.mxd Created on: 7/12/2019 ³

Natural Areas Low-Rise Residential

MAJOR MACKENZIE DRIVE

Natural Areas L

Low-Rise Residential

Metres 0 100 200 400

Appendix II Existing Land Uses Official Plan Amendment No. 49

File: OP.17.005 Related Files: Z.17.013 Location: Part of Lot 20, Concession 6 Lands Subject to Applicant: Valley Major Developments Limited Amendment No. 49 City of Vaughan

Document Path: N:\GIS_Archive\ByLaws\OP\OP.17.005\OP.17.005_OPA_AppendixII.mxd Created on: 7/12/2019 ATTACHMENT 2

Draft Zoning By-law Amendment (Valley Major Developments Limited.) File: Z.17.013 (*Natalie Wong) - (LG) Scheduled for Council Meeting: TBD

THE CITY OF VAUGHAN BY-LAW

BY-LAW NUMBER XXX-2019

A By-law to amend City of Vaughan By-law 1-88.

WHEREAS the matters herein set out are in conformity with the Official Plan of the

Vaughan Planning Area, which is approved and is in force at this time;

AND WHEREAS there has been no amendment to the Vaughan Official Plan adopted by Council but not approved at this time, with which the matters herein set out are not in conformity;

NOW THEREFORE the Council of the Corporation of the City of Vaughan ENACTS

AS FOLLOWS:

1. That City of Vaughan By-law Number 1-88, as amended, be and it is hereby further

amended by:

a) Rezoning the lands shown as “Subject Lands” on Schedule “1” attached

hereto from “RR Rural Residential Zone” to “RT1 Residential Townhouse

Zone” and “OS1 Open Space Conservation Zone”, in the manner shown on

the said Schedule “1”.

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

A. Notwithstanding the provisions of:

a) Subsection 2.0 respecting Definition for a Parking

Space;

b) Subsection 3.8 g) respecting maximum Access

Driveway Widths;

c) Subsection 3.14 and 4.22.2 respecting Permitted Yard

Encroachments and Restrictions and Special Provisions for the RT1 Zones, and 4.22.2 iii) respecting

the maximum finished floor elevation of an unenclosed

porch; d) Schedule “A3” and General Notes respecting the

zone standards for maximum and minimum interior

garage widths, lengths, building heights a maximum

number of townhouse units in a row in the RT1

Residential Townhouse Zone.

The following provisions shall apply to the lands shown as

“Subject Lands” as shown on Schedules “1”, “2”, and “3” attached hereto: ai) PARKING SPACE: Means a rectangular area measuring at least 2.6 m by 5.9 m, exclusive of any aisles or ingress or egress lanes, used for the temporary parking of motor vehicles, and shall include a private garage and private driveway leading thereto, except in the case

of a parking space located on a private road, which shall

measure a minimum of 2 m by 6.1 m. bi) The following maximum two-way access driveway

widths are permitted:

- 8.0 m (Major Mackenzie Drive);

- 8.5 m (Pine Valley Drive). ci) The maximum encroachment of unenclosed porches

and balconies, which are covered, uncovered,

unexcavated and unenclosed, cold cellars, and

architectural features shall not exceed 2.45 m into a

required yard; cii) A rear yard encroachment is not permitted for all units

in townhouse Block 13; ciii) The maximum encroachment of decks, balconies and

exterior stairs into the required rear yard for Unit 53 of Block 12, Unit 59 of Block 14, and Unit 63 of Block 15

shall be permitted as follows:

- 1.8 m (Block 12, Unit 53);

- 0.78 m (Block 14, Unit 59);

- 1 m (Block 15, Unit 63);

civ) The maximum interior side yard encroachment of

unenclosed porches (covered, or uncovered), exterior

stairways, balconies and bay windows shall not exceed

0.75 m into a required yard;

cv) Structures such as stairs and balconies shall be located

no closer than 0.3 m from any property line; and, cvi) The maximum finished floor elevation of an unenclosed

porch required by subsection 4.22.2 iii) shall not apply

to Blocks 5 and 6; di) The minimum interior garage dimension shall be 3.0

metres in width by 5.8 metres in length; dii) The maximum interior garage widths shall be permitted

as follows for the dwelling units in Areas A, B and C:

- Area A: 5.94 m, except Units 10, 11 and 41;

- Area A: 6.25 m (Units 10 and 11 only);

- Area A: 6.85 m (Unit 41);

- Area B: 3.25 m, except Unit 93;

- Area B: 4.65 m (Unit 93);

- Area C: 3.25 m, except Unit 42;

- Area C: 4 m (Unit 42); diii) No encroachment shall be permitted into the required

garage length or width except one step (2 risers, 0.3 m)

may encroach into the rear portion of the garage

abutting the dwelling unit; div) The maximum building height for a Townhouse Dwelling

shall not exceed 13 m (3-storeys). dv) The maximum building height for Block 15 shall not

exceed 13 m (3-storeys) to the highest point of the roof.

dvi) The maximum number of Townhouse Dwelling units

constructed in a row shall be permitted for Blocks 5, 8,

9 and 12 as follows:

- Block 5: 7 units;

- Block 8: 8 units;

- Block 9: 7 units;

- Block 12: 8 units;

B. Notwithstanding the provisions of:

a) Schedule “A3” and “General Notes” respecting the zone

standards in the RT1 Residential Townhouse Zone;

The following provisions shall apply to the portion of the lands

shown as “AREA A”, on Schedule “2”, attached hereto:

ai) The minimum lot frontage shall be 5.75 m;

aii) The minimum lot area shall be 100 m2;

aiii) The minimum lot depth shall be 15 m;

aiv) The minimum building setback requirements are as

follows:

- Front Yard Setback: 2.75 m (All Blocks);

- Exterior Side Yard Setback: 0.85 m (Block 1,

End Unit Only);

- Rear Yard Setback: 0.5 m (All Blocks);

- Interior Side Yard: 1.2 m (All Blocks).

C. Notwithstanding the provisions of:

a) Section 2.0 respecting Definitions of Lot, Street Line,

Street Townhouse Dwelling; and Subsection 3.21

respecting frontage on a public street;

b) Subsection 4.1.2 respecting Minimum Soft Landscaped

Area;

c) Schedule “A3” and “General Notes” respecting the zone standards in the RT1 Residential

Townhouse Zone.

The following provisions shall apply to the portion of the lands shown as “AREA B”, on Schedule “2”, attached hereto: ai) LOT: Means a parcel of land fronting onto a street or

private common element condominium road 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.; aii) STREET LINE - Means the dividing line between a lot

and a public or private street or the dividing line between

a lot and a reserve abutting a public or private street; aiii) DWELLING, STREET TOWNHOUSE: Means a

townhouse dwelling in which each dwelling unit is

situated on its own lot, which abuts a public street or aiv) Subsection 3.21 shall not apply to the RT1 Residential

Townhouse Zone; bi) For lots with a lot frontage of less than 6 m, a minimum

of 12% of the Front and/or Exterior Side Yard shall be

soft landscaping. ci) The minimum front yard setback to a garage shall be

5.9 m; cii) The minimum lot frontage shall be 5.75 m; ciii) The minimum lot area shall be 105 m2; civ) The minimum lot depth shall be 11 m; cv) The minimum building setback requirements are as

follows:

- Front Yard Setback: 3.25 m (All Blocks), except

3.1 m (Unit 91, Block 10), and 2.61 m (Unit 44,

Block 11). - Rear Yard Setback: 3 m (All Blocks), except

1.15 m (Unit 91, Block 10);

- Exterior Side Yard Setback: 1.2 m (All Blocks);

- Interior Side Yard Setback: 1.2 m (All Blocks).

D. Notwithstanding the provisions of:

a) Section 2.0 respecting Definitions of a Lot, Street Line,

Street Townhouse Dwelling; and Subsection 3.21

respecting frontage on a public street;

b) Subsection 4.1.2 respecting Minimum Soft Landscaped

Area;

c) Schedule “A3” and “General Notes” respecting zone

standards in the RT1 Residential Townhouse Zone;

The following provisions shall apply to the portion of the lands

shown as “AREA C”, on Schedule “2”, attached hereto:

ai) LOT: Means a parcel of land fronting onto a private

common element condominium road. For the purposes

of this By-law, lots within the RT1 Zone shall be deemed

to be a standard lot;

aii) STREET LINE - Means the dividing line between a lot

and a public or private street or the dividing line

between a lot and a reserve abutting a public or private

street;

aiii) DWELLING, STREET TOWNHOUSE: Means a

townhouse dwelling in which each dwelling unit is

situated on its own lot, which abuts a private common

element condominium road.

aiv) Subsection 3.21 shall not apply to the RT1Residential

Townhouse Zone;

bi) For lots with a lot frontage of less than 6 m, a minimum

of 10% of the Front and/or Exterior Side Yard shall be

soft landscaping. ci) The minimum front yard setback to a garage shall be

5.9 m;

cii) The minimum lot frontage shall be 5.6 m;

ciii) The minimum lot area shall be 105 m2;

civ) The minimum lot depth shall be 13.9 m;

cv) The minimum building setback requirements are as

follows:

- Front Yard Setback: 3.25 m for all Blocks, except

for the following:

o 3.0 m (Unit 44, Block 11);

- Rear Yard Setback shall be as follows:

o 5.0 m (Blocks 11, 12, 14, 15 and 16

only)

o 1 m (Block 13, Units 55, 56, and 57);

o 2.75 m (Unit 58, Block 13);

o 1.7 m (Unit 54, Block 13);

o 1.3 m (Unit 53, Block 12);

o 1.3m (Unit 62, Block 15);

o 3.5 m (Unit 63, Block 15);

o 1.7 m (Unit 59, Block 14);

- Exterior Side Yard Setback: 1.2 m (All Blocks);

and,

- Interior Side Yard Setback: 1.2 m (All Blocks).

E. Reference to a Block or Unit anywhere within this exception

shall mean a Block or Unit as shown on Schedule “1”.

F. In addition to provisions By-law 1-88, accessory structures are

permitted within any amenity area. c) Adding Schedule “E-xxx” attached hereto as Schedule “1”. d) Adding Schedule “E-xxxA” attached hereto as Schedule “2”. e) Deleting Key Map 6D and substituting therefor the Key Map 6D attached

hereto as Schedule “3”. 2. Schedules “1”, “2”, and “3” shall be and hereby form part of this By-law.

Enacted by City of Vaughan Council this XXth day of XXXX, 2019.

Hon. Maurizio Bevilacqua, Mayor

Todd Coles, City Clerk

Authorized by Item No.5 of Report No. 20 of the June 4, 2019 Committee of the Whole Adopted by Vaughan City Council on June 12, 2019

SUMMARY TO BY-LAW - 2019

The lands subject to this By-law are located at the southeast corner of Major Mackenzie Drive and Pine Valley Drive, and municipally known as 4433, 4455, and 4477 Major Mackenzie Drive, and being Part of Lot 20, Concession 6, City of Vaughan.

The purpose of this By-law is to facilitate a residential development consisting of 91, three- storey townhouse dwelling units within 16 residential blocks on a private, common element condominium road. This By-law permits a 620 m2 outdoor centralized amenity area to serve the townhouse dwellings and includes an “OS1 Open Space Conservation Zone” to protect the surrounding natural area features, including the open channel feature located in the center of the Subject Lands.

This By-law proposes a rezoning of the Subject Lands from the “RR Rural Residential Zone” to the “RT1(Residential Townhouse Zone”, and the “OS1 Open Space Conservation Zone”. This By-law creates a new exception and schedules and includes the following site- specific zoning exceptions:

a) Site-specific definitions of the “parking space” dimensions, “Lot”, “Lot, Line Front” and “Street Townhouse Dwellings”. b) Amendments to the maximum permitted encroachments for unenclosed, uncovered, covered, unexcavated porches, exterior stairways, balconies and bay windows. c) Increased maximum porch heights; d) Reduced minimum, and increased maximum interior garage widths; e) Proposed encroachments within the minimum interior garage lengths; f) Proposed minimum and maximum driveway widths within a lot and for ingress and egress; g) Reduced minimum landscaping requirements around periphery of outdoor parking areas; h) Reduced minimum front yard soft landscaping requirements; i) Increased maximum building heights; j) Increased number of townhouse units within a row; k) Reduced minimum lot frontage requirements; l) Reduced minimum lot depth requirements; m) Reduced minimum lot area requirements; n) Reduced front yard, rear yard, exterior and sideyard setback requirements;

MAJOR MACKENZIEDRIVE

Metres 0 120 240 480 LOCATION MAP TO BY-LAW ______-2019

FILE: Z.17.013 RELATED FILE: OP.17.005 LOCATION: Part of Lot 20, Concession 6 SUBJECT LANDS APPLICANT: Valley Major Developments Limited CITY OF VAUGHAN

Document Path: N:\GIS_Archive\ByLaws\Z\Z.17.013\Z.17.013_ZBA_LocationMap.mxd Created on: 7/8/2019 E RIV IE D ENZ ³ K MAC OR MAJ

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THIS IS SCHEDULE 'E-_____' Subject Lands TO BY-LAW 1-88 SECTION 9(_____) Metres 0 20 40 80

FILE: Z.17.013 SIGNING OFFICERS RELATED FILE: OP.17.005 THIS IS SCHEDULE '1' ______LOCATION: Part of Lot 20, Concession 6 TO BY-LAW ______-2019 MAYOR APPLICANT: Valley Major Developments Limited ______CITY OF VAUGHAN PASSED THE _____ DAY OF ______, 2019 CLERK Document Path: N:\GIS_Archive\ByLaws\Z\Z.17.013\Z.17.013_ZBA_Schedule1.mxd Created on: 10/15/2019 MAJOR MACKENZIE DRIVE ³

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THIS IS SCHEDULE 'E-_____' Subject Lands TO BY-LAW 1-88 SECTION 9(_____) Metres 0 15 30 60

FILE: Z.17.013 SIGNING OFFICERS RELATED FILE: OP.17.005 THIS IS SCHEDULE '2' ______LOCATION: Part of Lot 20, Concession 6 TO BY-LAW ______-2019 MAYOR APPLICANT: Valley Major Developments Limited ______CITY OF VAUGHAN PASSED THE _____ DAY OF ______, 2019 CLERK Document Path: N:\GIS_Archive\ByLaws\Z\Z.17.013\Z.17.013_ZBA_Schedule2.mxd Created on: 10/17/2019 ³

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RUTHERFORD ROAD

KEY MAP 6D Metres BY-LAW NO. 1-88 0 125 250 500

THIS IS SCHEDULE '3' TO BY-LAW ______-2019 PASSED THE _____ DAY OF ______, 2019

FILE: Z.17.013 SIGNING OFFICERS RELATED FILE: OP.17.005 LOCATION: Part of Lot 20, Concession 6 ______MAYOR APPLICANT: Valley Major Developments Limited ______CITY OF VAUGHAN CLERK

Document Path: N:\GIS_Archive\ByLaws\Z\Z.17.013\Z.17.013_ZBA_KeyMap.mxd Created on: 10/15/2019