WHEREAS, York Region (the “Region”) is undertaking a Municipal Comprehensive Review (“MCR”) of its Official Plan and intends to approve a new Official Plan at its Council Meeting in June 2022.
WHEREAS, as part of that update, the Region is proposing to designate lands situated in Part of Lots 27 and 28, Concession 7, City of Vaughan, known municipally as 10951 Kipling Avenue which are located on the east side of Kipling Avenue, north of Teston Road (the “Subject Lands”), as “Agricultural Area” in the new Official Plan.
WHEREAS, as the result of outstanding appeals of the York Region Official Plan 2010 and the Vaughan Official Plan 2010 the in-force Regional and local official plan designations applicable to the Subject Lands are “Rural Policy Area” under the 1994 Regional Official Plan and “Rural Use Area” under Vaughan Official Plan Amendment 600, both of which permit recreational uses. The owner of the Subject Lands submitted development applications in 2009 to facilitate private recreational uses consistent with the in-force Official Plans. Under the proposed “Agricultural Area” designation in the new Regional Official Plan, recreational uses are not permitted.
WHEREAS, the Province updated its Agricultural Land Base mapping in 2018 and the Subject Lands are shown as being within a “Prime Agricultural Area” in the 2018 Provincial Mapping.
WHEREAS, the Subject Lands are currently designated as “Protected Countryside – Natural Heritage System” in the Greenbelt Plan (2017).
WHEREAS, as part of the MCR process, the Region has the opportunity to refine the 2018 Provincial Mapping to maintain the currently in-force designation of these lands as “Rural Area” in the new York Region Official Plan.
AND WHEREAS, the Planning Act was amended by Bill 139 to prohibit the appeal of an official plan, such as the new York Region Official Plan, which is approved by the Minister of Municipal Affairs and Housing.
AND WHEREAS, the owner of the Subject Lands has recently re-submitted extensive background and supporting materials in support of the private recreation
uses and these applications are currently being reviewed by staff at both the Region and the City of Vaughan. It is appropriate and reasonable for that review to continue on a site-specific basis. If the lands are redesignated as “Agricultural Area” within the new Regional Official Plan as proposed, that review could no longer occur.
THEREFORE, be it resolved that:
- Regional Council approve the refinement of the Regional Official Plan mapping implementing the 2018 Provincial Mapping to maintain the in-force designation of the Subject Lands by designating the Subject Lands “Rural Area” within the new Region Official Plan.