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BYLAW - Comprehensive Zoning By law Decision and Order of the OMB - 20170627 - 600017 PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: 1428420 Ontario Limited Appellant: 2501500 Ontario Inc. Appellant: 2523059 Ontario Inc. Appellant: 2540280 Ontario Inc.; and others Subject: By-law No. 6000-17 Municipality: Town of Aurora OMB Case No.: PL170863 OMB File No.: PL170863 OMB Case Name: 1428420 Ontario Limited v. Aurora (Town) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: 1428420 Ontario Limited Subject: Application to amend Zoning By-law No. 2213- 78 - Refusal of Application by the Town of Aurora Existing Zoning: Special Mixed Density Residential (R5) Zone Proposed Zoning: Row Dwelling Residential (R6-X) Zone Purpose: To permit 12 three-storey block townhouse units Property Address/Description: 22 & 26 Centre Street Municipality: Town of Aurora Municipality File No.: ZBA-2016-08 OMB Case No.: PL170650 OMB File No.: PL170650 OMB Case Name: 1428420 Ontario Limited v. Aurora (Town) Ontario Municipal Board Commission des affaires municipales de l’Ontario ISSUE DATE: January 29, 2018 CASE NO(S).: PL170863 PL170650 Heard: January 9, 2018 in Aurora, Ontario and January 19, 2018 by teleconference call 2 PL170863 PL170650 APPEARANCES: Parties Counsel Town of Aurora Harold G. Elston Patricia De Sario 5-35 Furbacher Lane Limited David White 1239913 Ontario Limited Ashlen Holdings Inc. 1428420 Ontario Limited Christopher Tanzola Daniel B. Artenosi 2540280 Ontario Inc. 2501500 Ontario Inc. Alexandra De Gasperis MEMORANDUM OF DECISION DELIVERED BY PAULA BOUTIS ON JANUARY 19, 2018 AND ORDER OF THE BOARD INTRODUCTION [1] This was the first pre-hearing conference (“PHC”) for both Case File Nos. PL170863 and PL170650. Regarding PL170650, the parties are limited to the Town of Aurora (“Town”) and Ashlen Holdings Inc. (“Ashlen”). [2] Case File No. PL170863 relates to the Town’s passage of Zoning By-law No. 6000-17 (“New ZBL”), whose purpose was to revise and update the current zoning standards under Zoning By-law No. 2213-78, by implementing the policies of the Town’s new Official Plan, passed in 2010, incorporating new standards for the Aurora Promenade, and updating certain standards and general provisions. Following its passage, the Town received nine appeals. Of those, the following appeals have since been withdrawn: Biddington Homes Aurora Inc., Gaetano De Blasi, 2523059 Ontario Inc. and 2578461 Ontario Inc. 3 PL170863 PL170650 [3] Each of the remaining appeals in PL170863 is a site specific appeal, each with its own trajectory and particular issues. [4] Case File No. PL170650 relates to 1428420 Ontario Limited’s (“142”) private appeal of Council’s decision to refuse a proposed zoning by-law amendment related to property at 22 and 26 Centre Street. The Town and 142 seek to have the appeals in PL170650 and PL170863 heard together. [5] At the PHC, the Town also brought a motion seeking an Order from the Board to approve the parts of the New ZBL that were not under appeal, and to deem those parts to have come into force on the day it was passed, being June 27, 2017. [6] In PL170650, Bob McRoberts sought and was granted participant status. [7] In PL170863, John Green sought participant status. He indicated this was primarily because Ashlen is an Appellant in the proceeding. While Mr. Green indicated he is the Co-Chair of the Ratepayers Association of Yonge South, he seeks status in his personal capacity and not as a representative of that organization. The Board granted him status as a participant in PL170863 in his personal capacity. [8] In light of the PL170863 appeals being limited to site specific issues, the parties proposed, and the Board agreed, that they will each be treated as distinct appeals for the purposes of establishing a hearing and or other processes related to them. In that regard, following submissions, the Board made the following rulings at the hearing. Furbacher Lane Limited and 1239913 Ontario Limited Appeals [9] The parties indicated that a two-day hearing would be sufficient to deal with these appeals. The hearing has been set down for Thursday and Friday, May 17 and 18, 2018, beginning at 10 a.m. at: 4 PL170863 PL170650 Council Chambers Town of Aurora 100 John West Way Aurora, ON 2540280 Ontario Inc. and 2501500 Ontario Inc. Appeals [10] The Board understood from Counsel, Alexandra De Gasperis, that her clients will be submitting an official plan amendment (“OPA”) application. It was Ms. De Gasperis’ preference that this matter be adjourned sine die, pending the OPA application running its course. The Town considered this acceptable. The appeal as it relates to 2540280 Ontario Inc. and 2501500 Ontario Inc. is therefore adjourned sine die. 1428420 Ontario Limited Appeal [11] Counsel for 142, Daniel Artenosi, explained that the parties had been participating in mediation and that they had made progress in that regard. The parties agreed that a further one day PHC in respect of this appeal would be appropriate. At that time, either the parties will be proceeding to set a hearing with a Procedural Order as necessary or, if a settlement is reached, the hearing can be converted into a settlement hearing. The matter has been set down for a second PHC or possible settlement hearing, for Tuesday, May 15, 2018 commencing at 10 a.m. at: Council Chambers Town of Aurora 100 John West Way Aurora, ON [12] The Board also confirms that 142’s two appeals (Case File Nos. PL170863 and PL170650) will be heard together, in accordance with the Board’s Rules of Practice and Procedure. 5 PL170863 PL170650 Ashlen Holdings Inc. Appeal [13] In September 2017, Ashlen and the Town concluded a hearing as it relates to the town’s former zoning by-law in existence prior to the passage, and now appeal, of the New ZBL. The Board issued its ruling on December 15, 2017, in Case File No. PL160781. The Board’s final order in that matter has been withheld until the final versions of the official plan and rezoning amendments and the draft plan of subdivision approval conditions are submitted to the Board. [14] At the PHC, Mr. Artenosi attended as Counsel for Ashlen. The Board understood from the parties that they seek, on consent, to incorporate the ruling from Case File No. PL160781 in respect of the zoning by-law amendment into the New ZBL to ensure it will be fully in compliance with the ruling in PL160781. [15] Subsequent to the PHC, on January 19, 2018, the Board held a tele phone conference call (“TCC”) with the parties to the Ashlen appeal to determine the best process to resolve this portion of the appeal. Christopher Tanzola attended that TCC as Counsel for Ashlen. Harold Elston attended as Counsel for the Town. The Town’s Director of Planning and Building Services, Marco Ramunno, was also in attendance on the TCC. [16] Regarding Case File No. PL160781, the parties concluded that they will submit to the Board, to the member who is seized, the final official plan amendment and draft plan of subdivision and seek the Board’s final order, through that member, with respect to those two matters. They will not, however, submit the final zoning by-law amendment for finalization through that process. [17] Once the above is concluded, the parties will jointly seek appropriate amendments to the New ZBL in Case File No. PL170863 to reflect the ruling in Case File No. PL160781. 6 PL170863 PL170650 [18] As this portion of the appeal has an interested participant, Mr. Green, the Board concluded that unless that participant chooses to withdraw as a participant, either a one day settlement hearing or TCC will be convened to ensure the participant is able to advise the Board of any concerns he has as it relates to the proposal to amend the New ZBL for the Ashlen appeal in accordance with the decision in Case File No. PL160781. Should Mr. Green withdraw as a participant, the Board will convene a settlement hearing through a TCC of the parties. [19] For the purposes of resolving the Ashlen appeal, this Board member is seized. MOTION TO APPROVE UNAPPEALED PORTIONS OF ZONING BY-LAW 6000-17 [20] This motion was unopposed. The Appellants in attendance at the PHC did not participate in the motion, other than to indicate that they wished to ensure that any order bringing the remainder of the New ZBL into force was without prejudice to the outstanding site specific appeals. [21] The Town filed the affidavit of Mr. Ramunno in support of its motion. In addition, Mr. Ramunno was formally qualified by the Board to provide expert evidence in the area of land use planning. Through viva voce evidence he provided some corrections and updates to the affidavit and also filed, as Exhibit 2, the New ZBL for approval, subject to the outstanding appeals. [22] Mr. Ramunno testified that the New ZBL has regard to matters of provincial interest outlined in s. 2 of the Planning Act; was consistent with the Provincial Policy Statement, 2014 (“PPS”); conformed with the Growth Plan for the Greater Golden Horseshoe, 2017; conformed to the Region Municipality of York’s Official Plan and to the Town’s Official Plan (“OP”). [23] Mr. Ramunno commented specifically that it addresses the requirements for “complete communities”; harmonizes definitions and categories; implements OP policies 7 PL170863 PL170650 for intensification and for a secondary plan within it. It promotes more efficient use of infrastructure. It addresses new parking supply rates as well. Finally, the New ZBL has been updated to contain more accurate flood plain mapping so it is consistent with the natural hazard policies of the PPS. ORDER Pre-hearing Conference [24] In Case File No. PL170650, Bob McRoberts is granted participant status. [25] In Case File No. PL170863, John Green is granted participant status. [26] The appeal in respect of the Appellants Furbacher Lane Limited and 1239913 Ontario Limited is set down for a two-day hearing in accordance with paragraph 9. [27] The appeal in respect of the Appellants 2540280 Ontario Inc. and 2501500 Ontario Inc. is adjourned sine die. [28] The appeal in respect of the Appellant 1428420 Ontario Limited is set down for a further PHC or settlement hearing in accordance with paragraph 11. It is further ordered that the appeals regarding 1428420 Ontario Limited in Case File Nos. PL170683 and PL170650 are to be heard together. [29] This Board member is seized regarding the appeal in Ashlen Holdings Inc. Otherwise, this member is not seized. Motion [30] On the basis of Mr. Ramunno’s uncontested evidence, the Board issued an oral ruling that those parts of the New ZBL not under appeal (Exhibit 2) are deemed to come into force as of June 27, 2017. The final order is withheld pending the Board receiving a 8 PL170863 PL170650 final form of the order acceptable to the parties to Case File No. PL170863, which is to recognize that the order is without prejudice to the outstanding site specific appeals still in process. “Paula Boutis” PAULA BOUTIS MEMBER If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format. Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248