Vaughan’s rehearing motion dismissed

NRU
June 10, 2015

In a May 1 decision, board vice-chair Karlene Hussey dismissed a request by The West Woodbridge Homeowners Association Inc. and the City of Vaughan to review a decision issued by the board on February 28, 2014 allowing John Duca’s applications for official plan and zoning by-law amendments for his property at 5289 and 5309 Highway 7. Duca sought amendments to permit development of six stacked townhouse blocks comprising 180 units with 225 underground parking spaces. The proposal was approved in principle, with final approval withheld for six months to enable the parties to finalize a site plan and develop a more detailed zoning by-law to implement the plan.

The city and homeowners association assert that the board misinterpreted the official plan, the decision is contrary to provincial and municipal policies to maintain the character of established community areas and failed to give effect to a prior board decision on the same issue on the same lands.

City planner Clement Messere and vice president of the homeowners association Josie Fedele testified in support of the motion for a rehearing. The city argued that the amendments would create a situation where a mid-rise apartment building could be built on the site as they would permit a higher density and different built form.

Duca’s planner Ryan Mino-Leahan (KLM Planning Partners Inc.) opposed the motion for a rehearing on the grounds that the parties failed to demonstrate a convincing and compelling case that the board made an error of law or fact such that the board would likely have reached a different decision.

York Region sought confirmation of the decision with respect to access to the proposed development from Highway 7 and Coles Avenue and protection of the future interconnection to the adjacent property. York traffic engineer Danail Terzievski provided evidence in support of the region’s request.

The board found the motion for a rehearing to be based on conjecture and an attempt to re-argue the case. The board disagreed with the city’s claim that the decision contemplates any other form of development but stacked townhouses for the site. Further, the board found that the hearing panel did give regard to previous board decisions for the same site and heard expert land use planning evidence in support of the proposal.

The board dismissed the city’s and homeowners association’s request for a rehearing and ordered that the previous board decision remains in full force and effect.

Solicitors involved in this decision are Susan Rogers (Susan D. Rogers Law) representing John Duca, Bruce Engell (WeirFoulds LLP) representing the City of Vaughan and Frank Santaguida representing York Region. (See OMB Case No. PL121343.)