Committee of the Whole determined the following motion from Regional Councillor Jackson, notice of which was received on May 9, 2024, will be considered at the June 13, 2024 Committee of the Whole meeting:
WHEREAS on October 13, 1989, development applications for an Official Plan amendment and Zoning By-law amendment (OP.58.89 and Z.127.89) (collectively, the “Applications”), were filed with the then Town of Vaughan to facilitate the establishment of a residential subdivision on 11641 Dufferin Street and 11490 Bathurst Street (the “Property”);
WHEREAS the Applications predate the Region’s Official Plan; therefore, subject to the Clergy Principle, the Applications need not conform to any version of the current or previous Region Official Plans;
WHEREAS on March 8, 2004, the City Council passed a resolution stating that “the [Applications] are open and are considered “transitional” applications according to the definition under the Oak Ridges Moraine Conservation Act/Plan”;
WHEREAS on February 1, 2023, the owner of the Property filed appeals to the OLT due to the City’s failure to make a decision on the Applications (OLT Case No. 23-000254) (the “Appeal”). Regional Council resolved that the Region shall not participate in this Appeal;
WHEREAS the Region is satisfied that the Appeal before the OLT is valid. In the event there is some procedural concern about the initiation of the proceeding by appeal, to remove any misapprehension about the OLT’s jurisdiction, the Region has been asked to make a referral of the same matter;
WHEREAS no later than April 6, 2023, the Region received the Applications and Appeal;
WHEREAS to date, Regional comments have been completed and there are no outstanding Regional fees in relation to the Applications (respectively, Regional Files Nos. ZBA.23.V.0030 and LOPA.23.V.0017);
WHEREAS the City is supportive of having the matters before the OLT resolved efficiently without any cloud on the OLT’s jurisdiction to do so;
WHEREAS on May 9, 2024, the owner of the Property requested that the Region refer OP.58.89 (Region File No. LOPA.23.V.0017) to the OLT, and be consolidated with the ongoing Appeal. The owner states the following reasons for the referral:
- The City Council has failed to make a decision on the Applications;
- The Applications have regard to the matters of Provincial interest set out at section 2 of the Planning Act;
- The Applications are consistent with the Provincial Policy Statement;
- The Applications conform to the Growth Plan for the Greater Golden Horseshoe;
- The Applications comply to the Oak Ridges Moraine Conservation Act;
- The proposed development will contribute to the overall achievement of the goals and objectives of the Official Plan;
- The Applications would permit a development on the Property which represents good land use planning that is in the public interest; and
- Such additional reasons as may be submitted by counsel and permitted by the Tribunal.
THEREFORE, BE IT RESOLVED THAT:
- Council hereby refers OP.58.89 to the OLT; and, if necessary, gives retroactive effect to the referral to before the filing of the Appeal.
- Council hereby resolves that this referral be dealt with together with the existing Appeal before the OLT.