Professional Documents
Culture Documents
The.
PRESENT
Maria Augimeri
Jack Ballinger
Vincent Grisanti
Glenn De Baeremaeker
Michael Di Biase
Chris Fonseca
Jack Heath
Rodney Hoinkes
Jennifer Innis
Colleen Jordan
Maria Kelleher
Matt Mahoney
Mike Mattos
Jennifer McKelvie
Ron Moeser
Jennifer O'Con:nel~
linda Pabst
Anthony Peryuzza
John ~provien
Jim ovey
Chair
Member
Member
Member
Vice Cha1r
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
ABSEN-t
Paul Ain~lie
David Barrow
Justin Di Ciano
Jennifer Drake
Rob Ford
Giorgio Mammoliti
Glenn Mason
Gino Rosati
Member
Member
Member
Member
Member
Member
Member
Member
Moved by:
Seconded by:
Ron Moeser
Colleen Jordan
THAT the participation of Toronto and Region Conservation Authority (l~qA) as a party
before the Ontario Municipal Board (OMB) be re-affirmed as it rela s to the subject
appeal of the Vaughan Official Plan (VOP 2010) on lands on th e west sld~f Dufferin
Street, north of Rutherford Road, municipally known as 230 G nd Tr0f1k )(venue
(formerly 9500 Dufferin Street), in the City of Vaughan.
THAT TRCA staff be directed to appear on behalf of TRCA o the subject appeal before
the OMB and to continue to represent TRCA of) matters relatlng to natural heritage and
Provincial interest (landform, erosion, water manage nt, hazard lands);
THAT staff be directed to continue to work towards a settlement with City of Vaughan,
the appellant and other parties to en~tbat ttl& requtfements of The Living City
Policies, TRCA's Ontario Regulation 1'66106~"'. a nded (Development, Interference with
Wetlands and Alterations to Shq,.f!lin and Wtercourses), Oak Ridges Moraine
Conservation Plan (ORMCP) and Prov1 cial P hey Statement (PPS) are met;
AND FURTHER THAT a cQpy ofJ.his re rt be sent to the Regional Municipality of York
and the Province of OnJ:atio for the purposes of updating them on the outstanding OMB
appeal and for their infotmatib
AMENDMENT
Moved by:
Seconded b\tl
Mictl~l Di Biase
vlncent Grisanti
TH~ stal f be tlillJ....;ted to negotiate executable minutes of settlement to support the City
of Vaughan's position, except that the appropriate 1 acre (+/-)feature on the eastern most
part ~lthe site be designated for environmental protection;
AND FURTHER THAT such executable Minutes of Settlement be presented to the August
Executive Committee meeting for approval and execution.
RECORDED VOTE ON MAIN MOTION
Maria Auglmeri
Jack Ballinger
Vincent Grisanti
Glenn De Baeremaeker
Michael Di Biase
Yea
Yea
Nay
Yea
Nay
Yea
Yea
Yea
Nay
Yea
Yea
Nay
Yea
Yea
Yea
Yea
Nay
Yea
Yea
Yea
NOTVOTEDON
CARRIED
BACKGROUND
At Executive Committee Meeting #7/15, held on July 3'201 5, Resolution #880/15 was approved
as follows:
THAT staff report at Authority.M eting ~{15, scheduled to be held on July 24, 2015, on
the Ontario Municipal Board S~ffltment Agreement between Duffenn Vtstas and the City
of Vaughan for 230 Gra'l'( Trunk AVe(lue1 p ity of Vaughan.
THAT TRCA withdraw party status at the OMB proceedings on the property mumcipally
known as 230 Grand Trunk Avenue, City of Vaughan
The purpose of this report is to provide the Authority with background information and an
overview of TRCA's interests related to the site. The report also outlines the terms of the
settlement with the City and speaks to the process TRCA staff undertake when reviewing
planning applications for development and what matters are considered and reviewed.
This noted, TRCA staff believes that TRCA's continued participation as a party .il\ these
proceedings is essential to ensure that the appellant appropriately addresses matt~rs relating to
the public interest including natural heritage and Regulatory matters. At ths Ume, TRCA staffhas not received the appropriate documentation and analyses to conduct a ~te nM"ewand
formulate an infonned response to the proposed re-designation.
Site Context
Description of the Area
The subject parcel is 4.5 ha (11 .1 ac) in total area and is located on tile west s ide of Dufferin
Street, north of Rutherford Road (Attachment 2). The propert is located y,'ithin Planning Block
18, which has an approved Master Environmental Seryiemg_Pia (MESP) in place. This MESP
was approved in 2003, however, the former owner qf t S bje~t f'Qperty was a nonparticipating landowner during this process (Attachment 3} During the Block Plan process, it
was envisioned that Grand Trunk Avenue, whitb runp1m rth 1 ))OUth through the Block Area 'Nill
extend through the site and provide a connection o uthejford Road.
Planning Overview/History
Land Use Designations
The following table summarizes the ~rent-and,previous land use designations along 'Nith other
applicable policy documents and'legisl~tion~
Policy
Year
Doc ument
Block 18 Block 2003
Plan - Dufferin
Woods
Community Plan
O fficial Plan
2003
Amendment
(OPA) #600,
,Schedule C
Des ignation
Oak Ridges
Moraine
Conservation
Plan (ORMCP)
2002
Notes
Valleyland/Open
Space (East
Side), Woodlot
(West Side)
Valleylands
(East), Tableland
Woodlot (West)
Natural Areas
(Land Use), Core
Feature (Vaughan
Natural Heritage
Network)
Settlement Area
(Attachment 8)
I"
York Region
Tree Removal
By-Law under
Forestry Act
[rRCA Ontario
Re gulation
166/06
19 91
2006
WJ.\t'i'n ~gtdated
~r.ea ba~
;
~
\
Two convictions'
for removal o(2.Q.
ha (6.5 a:r:.s) or
significan woodlot
oh
text as site
includes a
watercourse,
'Steep slopes,
se&QS and other
pot lntial fe atures
It is evident frpm the stt..mmctry above that throughout the planning and development process
#fjjo
Spec~~
"
Again, the ORMCP and its accompanying.poJicie t,pver a l'ange of protected features and not
just the former woodloUforested area on111e site}. if~ul~ also actively protect the
landform/topography, groundwater, str ams ana ~tlan(js , thus engendering a systems-based
approach to natural feature protectk> .
TRCA Regulation
TRCA's current mapping doe'S not~ow the property as being within the Regulated Area under
Ontario Regulation 166/00..b...as>S~nded (Development, Interference with Wetlands and
Alterations to Shorelines ana Wliercourses). It is noted that TRCA's mapping only includes
watercourses with
Otmu~rai~e area of 50 ha or more. The watercourse on site takes
existi~g draina~jrom~h.e n'ort'tl of the site and from the. existing s~ormwat.er pond and the.n
flows rnto theilatoralflerl@.,ge system downstream and rnto the ne1ghbounng block; Plannmg
Block 11 , contributing'-tb tfle)Upper East Don River tributary.
Thispateltotlr~,], as iS standard practice, would require identification and field verification
during a Block Plan exercise to determine the full extent of the Regulated Area . During the
Bto 18 Bloc~ Plan Process for the Dufferin Woods Community Area , this watercourse and
valleyfaqd we~ recognized as natural features in the Block Plan and within OPA #600. While
TRCA's mapPfng does not show the property as being regulated, the text of O.Reg. 166/06, as
amended, prevails, specifically under Section 2(3) which reads that:
If there is a conflict between the descriptions of the areas in subsection (1) (which
describes areas that are regulated) and the areas as shown on the series of maps
refen-ed to in subsection (2), the description of areas in subsection (1) prevails. O.Reg.
82113, s. 1 (3).
' '
..
On this basis, the property would be considered to be regulated as there are natural features
that have been identified on the site which would be regulated by TRCA and therefore, a permit
under O.Reg. 166/06, as amended, from TRCA would be required prior to any site
grading/development and/or alteration to a wetland/watercourse.
Planning Process
No formal planning applications are before the City nor the OMB. Additionally, no planning
or concept development applications, drawings and/or reports have been submitted to
TRCA or the City as part of this OMB Official Plan appeal, nor has any documentation been
submitted to demonstrate conformity with the ORMCP, which would be required under the
legislation for the Oak Ridges Moraine Act.
The natural areas designation in the current VOP 2010 follows the preyi.IDJS Jan ~e
designations through the approved block plan and OPA #600 and alsovtJCboqnt~for~previous
technical information gathered as part of the previous tree removal activlt~i?" t.~site .
Through the normal planning process where the applicant pr~ses a lanq use change,
formal technical documents and analyses are conducted/submitted. 'fttese ~ports would
assess the natural feature and/or hazard lands on the sub~tt ite and determine their
function.
v
TRCA site walk(s) are also conducted to ground truth and ~rify th~' natural features and
determine their limits.
With these technical studies/analyses and in copjun'!S(iqn with t~ limits established during
the site walk, TRCA staff would then condu~a corwreh.S[lsive review of the proposed
developmenUiand use re-designation. TR~staff,would wprk with the applicant and their
consultants, providing feedback and reac!'l ing~n appro\1riate settlement which would
achieve a mutually agreeable limit of de~el<)pment '\Nhich would protect the natural features
and functions on the property and -\J itimately, m eMtfe tests of TRCA's regulation for
development.
Settlement
As noted, the City of Vaughan.._has C)Ccepte'd a settlement proposal made by the current
landowners, Dufferin Vi~~ Lfd , on the outstanding OMB appeal. The key components of this
settlement include the follo~ng:
oe.
Key Precedents
At this time, a request has been made to TRCA staff to withdraw as a party to the current OMB
appeal proceedings; this would then allow the proposed settlement to move forward and
designate the property for low-rise residential development. If this course of action was taken,
there would be several key precedents and consequences that should be considered:
Withdrawal from these proceedings would be premature as there remain outstanding issues
on this matter relating to the public interest and public safety including water management,
and protection of the natural features and functions on the site. These issues have not been
adequately identified, located or discussed in full.
TRCA staff has not had the ability to review any technical material or documentation to verify
any natural/hazard areas on the site. Withdrawal from these proceedings would essentially
be establishing the principle of development on the site in the absence of any background
technical information. In addition, this would create a conflict between the la, d use
designation and TRCA's Regulation; where the proposed development would OQt meet the
test for issuance of a TRCA O.Reg. 166106, as amended. permit.
The proposed land use designation and the process imP,!1_mentecfthus far may set a
precedent in terms of future landowners skirting the full pra"~ng rev~w process associated
with an OPA and development ap~lication . ~uture~_!l~Jler.s may exploit this loophole
through future appeals to the Official Plan Wit d)Jt prey 1ng the. hecessary background
documentation to support the change in laod .tJse d~si g ation.
It should be noted that TRCA acts as an a.s;bc'jsory body to oor partner municipalities as it relates
to natural heritage features including ta.P1etan~o~!Qts- nd aiding them in determining their
quality/function and recommended buffers to proi'ect1hese features, as per the ORMCP
policies. If TRCA is absent from the"Qro
s, the tjMB would not receive the benefit of such
input toward a decision. However,
at ha~1ts regulatory mandate under the
Conservation Authorities ActJ4gfslation v.bic .tgovems issues relating to hazard lands, water
management and their liabi 1~ R~rdless -of the land use designated under the Planning Act,
the appellant would need~o saOsty the tests established under O.Reg. 166/06, as amended, for
site grading and/or develop~nl"a):ld alteration to a wetland/watercourse on the property. The
intent of staff is to t~'"aOO.en ~ that all planning land use designations and proposals for
e tests of the Conservation Authorities Act and would permit
development are cons)stent'YA
the issuance ~a f.BC~ Reg. 166/06, as amended, permit approval at a later date. This need
is recognizef)jin the l mple~ntation Section 4.10 of the Provincial Policy Statement whereby it
is acknowlec(~d that "A wide range of legislation, regulations, policies, and plans may apply to
deci~&"With respec
Planning Act applications. In some cases, a Planning Act proposal
rna~ ~so require-approval under other legislation or regulation , and policies and plans issued
und. othei le
i l:;lation m~y a.l so apply." In this circumstance it would be appropriate to consider
the Jn ence other leg1slat1on on the development proposal to allow the OMB to make an
informel:llf . sron and ensure a land use designation is not approved that cannot be developed.
TR
Ao
Attachment 1
SffiLEMENT AGREEM NT
BETWEEN:
DUFFERIN VISTAS LTD.
-and-
~City")
WHEREAS Duffe rin V1stas Ltd. (the "Owner") 1s the owner of the property known mun
as 230 Grand Trunk Avenue m the C ty of Vaughan (the "Property"),
c .pa~iy
AND WHEREAS the previous owner of the Property had appealed the City of Vaughan Official
Plan 2010 (the " VOP 2010") to the Ontaro Municipal Board {the "Appeal");
AND WHEREAS the Owner assumed the Appeal upon acquisition of the Property:
AND WHEREAS the Owner has made representations to the City, upon which it relies, that
based upon the optnton of a profess onal land use planner that the matters set out in paragraph
1 herein, if tmplemented, in full or 1n part. would not be in violation of the Oak Ridges Moraine
Act and/or the Oak Rrdges Morame Conservatton Plan
AND WHEREAS the Owner and the Clty (collectively refe rred to as the ''Parties") wlsh to seu 1e
on the terms and conditions set out here1n (the "Settlement"); and
NOW THEREFORE, the Parties agree as follows.
Settlement of the Owner's Appeal of the VOP 2010
\.
The Owner and the City agree to settle the Owner's a ppeal of the VOP 2010 on the
following basis:
i)
the VOP 2010 will be revised to designate the Property as "Low-Rise Residential'
on Schedule 13 of the VOP 2010 in accorda nce with Schedule "A" attached
hereto:
ii)
the VOP 2010 will be revised to designate the Property as Community Area on
Schedule 1 of the VOP 2010 in accordance with S chedule "B" attached hereto;
iii)
the VOP 2010 will be revised to include a Site Specific Plan in Schedule 14-C or
the VOP 2010 in accordance with Sc hedule "C" attached hereto, with teKtual
references to permit the low rise residential uses as well as permission to locate
any storm water management facilities on th e eastern portion of the Property
and
1v)
.....,
Schedule 2 of the VOP 2010 will be revsed in accordance with Schedule D"
at~ached hereto
The Part1es agree to support approval of the above-noted revisions to the VOP 2010
before the Ontario Municipal Board at the earliest available hearing opportunity provided
by the Board (the "Hearing"}.
3.
The Owner acknowledges and agrees that it is has retained an expert land use planner
who will provide an opinion to the Ontario Municipal Board at the Hearing that the
matters set out in paragraph 1 above would not be contrary to the Oak Ridges Moraine
Conservation Plan and/or the Oak Ridges Moraine Act.
Further. the Owner
acknowledges and agrees that the City is not required to provide any witnesses or
evidence at a hearing or motion at the Board or at any other time in support of the
Settlement.
4.
The Parltes agree that any subsequent draft plan of subdivision application regarding the
Property will secure, as a condition of draft plan approval, a habitat compensation fee of
a maximum of $80,000 per acre of developable lands located east of the proposed
future extension of Grand Trunk Avenue, to be paid to the City tor tree plantings and/or
increased canopy coverage elsewhere in the City, at the City's sole discretion The
habitat compensation fee to be paid shall not be less than $80,000 00. It is the C'ty s
position that this payment would constitute full satisfaction of any habitat or woodlot
compensation with respect to any development on the Property.
General Matters
5.
6.
The terms and conditions of the Settlement shall remain confidential between the Part,es
until such time as the Settlement IS presented to the Ontario Municipal Board for
approval. It is not intended that these Minutes of Settlement be tendered as evidence at
a hearing or motion at the Board and further, the Minutes of Settlement shall remain
confidential between the Parties even after the Settlement is presented to the Ontar o
Municipal Board.
7.
The Parties agree not to seek any costs from the other in respect to the Appeal.
8.
Regardless of the decision of any other approval authority regarding the agreed upon
revisions to the VOP 2010 set out in paragraph 1 above, the Owner acknowledges and
agrees that it is not relying on and has not relied on the City's acceptance of the
Settlement for any purpose other than contemplated by this Settlement.
9.
The Owner acknowledges and agrees to save and fully indemnify the City from any
costs or adverse impacts which may be sustained, incurred or paid by the City regardtng
the Implementation of the Settlement and/or Minutes of Settlement.
I 0.
The Parties agree that at an limes and from time to time herearter upon every
reasonable written request to do so. they shall make, execute, deliver or cause to be
made, done, executed and delivered, all such further acts. deeds. assurances and
10
. .
things, and execute such further agreements or documents. as may be requtred for more
effectively implementng and carrying out the true intent and meaning of these M nutes
of Sett'ement.
I I.
The Parttes agree that the terms and condltons of these Mtnutes of Settlement are
binding upon the successors. asstgns or transferees of the Part1es hereto or their
present or future related or affiliated parttes.
12
The Parties acknowledge and agree that the Sel1/ement shall not be amended except by
way of wntten agreement executed by all of the Part~es to the Minutes of Sett ement. at
the lime of such amendment
I'
The Settlement shall not be terminated wtlhout the wntlen approval .o f all Pa~ies to these
Minutes of Settlement as of the date of such term.natton
14
These Minutes of Settlement re~ect the entire agreement between the Parties and their
respecttve he:rs, executors personal regal representatives. successors, asstgns and
successors in title with respect to the subject matter addressed heren
I 5.
~4.;
.....
CliY OF VAUGHA
APP~OVED BY COUNCIL
Per
oAre ~~ J...~ ~ ~ c
____________
B~lAW
7-
ITEM CGJ
INITIAL
Per .
Per.
Jeffrey A. Abrams
Cny Clerk
11
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SUBJECT SITE
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17
--------------------- --------------------
Attachment 3
t
BLOCK 18 LAND
OWNERSHIP
1. Gntat Gulf Holdings Inc.
2. Helmhorstlnvestments Ltd.
3. East Maple Creek lands Ud.
12.
13.
14.
15.
P. & A. CsnceiU
688205 Ontario Ltd.
1.. Appugliesl
A.& P, Ccnelll
ROAD
BLOCK 18 LAND
OWNERSHIP
Pertoflals Hl-20,
Concealon3
APPUCANT:
Vaqgttan
Community Planning Department
18
Attachment
ALE No.:
BL18.98
NotloScale
March 28, 2003
'
- - - - - - - - ------------'-----Attachment 4
LEGEND
NC
LOW DEHSITY
RESIDENTlAL
~IDIUM D.ENSITY
RESIDENTIAL/
COMMERCIAl.
NEIGHBOURHOOD
COMMERCIAL
LOCAL COMMERCIAL
PUBLIC ELEMENTARY
sCHOOL
SES
ss
DP
NP
cc
...... ,
7ae.kev1Sfd
lllciiOie
WDadlot
'\~
'I'W.
-BLOCK 18 PLAN
GREENWAY
STORMWATER
MANACEMENT PONDS
VALLEY/OPEN
SPACELANOS
PLANTATION
WOODLOT
ALE No.:
or Lota 16 - :zo,
BL18.9&
Conc:GS$10o 3
APPLICANT:
DUFFERIN WOODS COMMUNITY
SCHOOL
SECONDARY SCHOOL
DISTRICT PARK
NEIGHBOURHOOD PARK
COMMUNITY CENTRE
Attach ment
SEPARATE EtMNTARY
Nollo S~:~~le
lt\011'\1
19
Attachment 5
SUBJECT lAND
BLOCK 18
LEGEND
@
Ell..-lor1 Sdlool
s.condaly 5dJDal
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c..
nmmn HBGdwat.n/lotorolno
111111111111 Poli'f Dlltrtct
rn """
111111111 AlalllaMd
~~
Valley l.cr*
E::3 ow-a, -
OPA#&OO
SCHEDULE 'C'
Attachment
ALE No.:
Pattofloes 1820,
BL18.98
Concenlon3
APPLICANT:
Not to Scale
20
Attachment 6
.. . ..
Attachment 7
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Attachment 8
SU!UECT LANDS
SUBJECT
.,~,
Location Map
Block 18
Part of Lots 1B - 20,
ConctsiiOn 3
APPLICANT:
Vat@lan
Community Planning Department
23
. . . . s1 E
Attachment
FILE No.
BL18.98
NotiD Scafe
..... ..
TERMINATION
ON MOTION, the meeting terminated at 1:14 p.m., on Friday, July 24,2015.
Maria Augimeri
Chair
Brian Denney
Secretary-Treasurer
/ks
24
..,