Vaughan townhouses approved
NRU
May 25, 2016
In a May 6 decision, board member Jan de Pencier Seaborn allowed an appeal, in part, by Portside Developments against the City of Vaughan’s failure to make a decision on its official plan and zoning by-law amendment applications for 7476 Kipling Avenue. Portside proposed to build an eight-storey, 162-unit condominium building.
At the outset of the hearing Portside indicated it was now seeking approval for a revised development proposal of 43 stacked townhouses within a defined area of the property. Portside and the Toronto and Region Conservation Authority reached a settlement including a clear delineation of the limits of the development as well as conveyance of a substantial conservation easement to TRCA. As a result, TRCA withdrew from the hearing. The city opposed the revised proposal.
Planner Michael Manett (MPlan), urban designer Moiz Behar (M. Behar Planning & Design) and transportation planner Richard Pernicky (Nextrans Engineering) provided evidence on behalf of Portside and in support of the appeal.
They testified the revised proposal will introduce a low-rise residential development on an underused property while protecting the natural heritage features of the site. Behar stated the development meets the urban design policies and development criteria of the official plan. Pernicky indicated that the abutting portion of Kipling Avenue functions as a local road and will be able to accommodate traffic from the development with no adverse impact.
Planner Paul Stagl (Opus Management) provided evidence on behalf of the city and in opposition to the appeal. He testified that although within an urban area, the site is not in an intensification area and the proposed development is not appropriate. He stated the concept plan and proposed setback could not accommodate a future road widening of Kipling Avenue.
Neighbours Ron Moro, Drazen Bulat, Frank Skerlan, Erica Jackman, Blanchard Ariko and Ron Robinson attended the hearing in opposition to the appeal. They expressed concerns regarding increased traffic and intensification along Kipling Avenue saying it would negatively affect the rural character of that portion of the neighbourhood.
The board preferred the evidence of Manett, Behar and Pernicky and allowed the appeal in part, withholding its order pending finalization of the official plan and zoning by-law amendments.
Solicitors involved in this decision were Jeffrey Streisfield (Land Law) representing Portside Developments, Bruce Engell (WeirFoulds) representing the City of Vaughan and Tim Duncan (Gardiner Roberts) representing the Toronto and Region Conservation Authority.