Rezoning for Vaughan townhouses

NRU
March 12, 2014

In a decision issued February 28, board member Blair Taylor allowed appeals by John Duca of the City of Vaughan’s failure to enact official plan and zoning by-law amendments. Duca sought permission to re-designate land currently zoned as restricted commercial to multiple residential. The amendments were to allow a development of six stacked townhouse blocks comprised of 180 units with 225 underground parking spaces. The property is located at 5289 and 5309 Highway 7.

Architect Kregg Fordyce (KFA Architects and Planners), who provided evidence on behalf of Duca, told the board that the proposal met the intensification goals of the Provincial Policy Statement and Growth Plan. Planner Ryan Mino-Leahan (KLM Planning Partners Inc.), also provided evidence of support that the proposed amendments conformed to city and region official plans.

The city’s urban designer Farhad Jalili and land use planner Clement Messere provided evidence in opposition to the application, criticizing the design as monotonous, inconsistent with the built form of the area and lacking surface parking. The region also had concerns with road widening to accommodate the proposal.

The board allowed the appeal for the official plan amendment but withheld its order permitting the appeal in principle for the zoning by-law amendment until site plan concepts are finalized. These include reductions in the number of units, floor space index and building height and an increase in parking.

Solicitors involved in the case were Samuel Rogers (McCarthy Tetrault LLP) acting for John Duca. Bruce Engell (WeirFoulds LLP) represented the City of Vaughan and regional solicitor Francesco Santaguida acted for York Region. (See OMB Case No. PL121343.)