Vaughan OPA appeals partially resolved

NRU
February 5, 2014

In a decision issued January 28, board member Jan de Pencier Seaborn set February 12 and 13 for a partial approval order for an appeal by 1042710 Ontario Limited (Royal Centre), 1191621 Ontario Inc., 1529749 Ontario Inc. and 1541677 Ontario Inc. of the City of Vaughan’s failure to make a decision regarding an official plan amendment with respect to the Vaughan Metropolitan Centre and the West Vaughan employment area secondary plan. The purpose of this prehearing conference was to address several different motions.

Home Depot Holdings Inc. served and fi led a motion seeking an order of the board to amend the city’s official plan to redesignate land from prestige employment to employment commercial mixed use and a site specific policy to permit major retail uses. Planner David McKay (MHBC Planning Ltd.) provided evidence in support of Home Depot and said the changes represent good planning and conform to provincial and municipal plans. There was no opposition to the order and the board approved the modifications.

A&W Food Services of Canada Inc. also served and filed a motion for official plan amendment relating to drive-through facilities. Planner Victor Labreche (Labreche Patterson and Associates Inc.) provided evidence on behalf of A&W and said the modifications represent good planning and conform to provincial and municipal plans. There was no opposition to the motion and the board approved the modifications.

The motion seeking a partial approval order of a portion of the city’s official plan and the secondary plan for the west Vaughan employment area was adjourned and scheduled for February 12 and 13, 2014. Highway 7 Langstaff GP Ltd. has appealed the secondary plan.

Solicitors involved in the case are city solicitor Claudia Storto representing the City of Vaughan, Pitman Patterson (Borden Ladner Gervais LLP) representing York Region, Patrick Harrington (Aird and Berlis LLP) representing Home Depot Holdings Inc., Denise Baker (WeirFoulds LLP) representing A & W Food Services of Canada Inc., Annik Forristal (McMillan LLP) representing Suncor Energy Products Partnership, Th omas Barlow (Fasken Martineau LLP) representing Di Poce Management Limited, Caterina Facciolo (Brattys LLP) representing Novagal Developments Inc/588701 Ontario Limited, Susan Rosenthal (Davies Howe Partners LLP) representing Highway 7 Langstaff GP Ltd., Jason Lewis (Davies Howe Partners LLP) representing Block 40/47 Developers Group Inc. and Krish Chakraborty (Loopstra Nixon LLP) representing Weston Down Ratepayers.