Agenda - Special Council - 20221122Town of Aurora
Special Meeting of Council Agenda
Date:Tuesday, November 22, 2022
Time:7 p.m.
Location:Council Chambers, Aurora Town Hall
Meetings are available to the public in person and via live stream on the Town’s YouTube channel.
To participate, please visit aurora.ca/participation.
Pages
1.Call to Order
2.Land Acknowledgement
3.Approval of the Agenda
Note: Council must suspend the Notice of Motion provisions of the Procedure
By-law with a two-thirds majority vote in order to consider the Motions listed on
the agenda.
4.Declarations of Pecuniary Interest and General Nature Thereof
5.Delegations
6.Consideration of Items Requiring Discussion
6.1.PDS22-139 - Regional Official Plan 2022, Minister of Municipal Affairs
and Housing Approval
1
That Report No. PDS22-139 be received; and1.
That a study be undertaken as part of the Official Plan Review in
respect of land use planning policies relating to 1289 Wellington
Street East to determine the appropriate land use, density, and
height for this property; and
2.
That an Interim Control By-law be enacted for 1289 Wellington
Street East to determine the appropriate land use, density, and
height for this property.
3.
6.2.PDS22-138 - Bill 23 Proposed Omnibus Legislation Summary 12
That Report No. PDS22-138 be received for information.1.
7.Motions
7.1.Mayor Mrakas; Re: Modifications to York Region Official Plan 24
7.2.Mayor Mrakas; Re: Opposition to Bill 23, More Homes Built Faster Act,
2022
26
8.By-laws
8.1.By-law Number XXXX-22 - Being a By-law to impose interim controls on
the use of land, buildings, or structures within a certain area of the Town
of Aurora (1289 Wellington Street East).
28
9.Confirming By-law
9.1.By-law Number XXXX-22 Being a By-law to confirm actions by Council
resulting from a Special Meeting of Council on November 22, 2022
31
10.Adjournment
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Council Report
No. PDS 2 2 -139
Subject: Regional Official Plan 2022, Minister of Municipal Affairs and
Housing Approval
Prepared by: Edward Terry MCIP, RPP, Senior Policy Planner
Department: Planning and Development Services
Date: November 22, 2022
_
Recommendation
1. That Report No. PDS22-139 be received; and
2. That a study be undertaken as part of the Official Plan Review in respect of land use
planning policies relating to 1289 Wellington Street East to determine the appropriate
land use, density, and height for this property; and
3. That an Interim Control By-law be enacted for 1289 Wellington Street East to
determine the appropriate land use, density, and height for this property.
Executive Summary
On November 4, 2022 the Minister of Municipal Affairs and Housing modified and
approved the York Region Official Plan 2022. The approval includes 80 modifications;
only 2 of these modifications are applicable to The Town of Aurora.
Modification 14 states: “Section 4.2 is modified by adding a new policy subsection after
policy 4.2.29, titled “Special Provisions”, followed by new policies: “4.2.30 Special
provisions for the lands known municipally as 1289 Wellington Street East in the City of
Aurora (PIN 036425499). Notwithstanding any other policies in this Plan to the
contrary, the minimum density target to be achieved is 330 units per hectare and the
minimum building height of 12 storeys”.
Modification 79 states: “Appendix 2 of the Official Plan is modified: i) by extending the
station area boundary of PMTSA 1 Aurora GO Station to the north, to include two
Page 1 of 31
November 22, 2022 2 of 5 Report No. PDS22-139
properties known municipally as 6 Scanlon Court (PIN 036410837) and 10 Scanlon
Court (PIN 03641387) in the Town of Aurora”.
Background
After Staff’s review, Modification 14 is the only concern, as this subject property is
currently before the Ontario Land Tribunal (OLT), there was no consultation with the Town
and this decision on height/density precedes a fulsome examination through the Official
Plan Review.
On November 10th, 2022, York Region’s Chief Planner provided a memo to Regional
Council outlining the approval to the York Region Official Plan 2022 and the 80
modifications directed by the Province (see Attachment 1).
Only 2 modifications are applicable to the Town of Aurora: Modification 14 and
Modification 79.
Modification 14 relates to 1289 Wellington Street East in the Town of Aurora, which is
currently before the OLT.
The current proposal is for 519 apartment units and twelve (12) townhouse blocks
consisting of 59 units. The Official Plan Amendment before the OLT proposes to re-
designate the subject lands from “Business Park and “Linear and Other Open Space” to
“Medium-High Density Residential” and “Linear and Other Open Space”.
The Zoning By-law Amendment before the board proposes to re-zone the subject lands
from “Rural Zone (RU)” to “Townhouse Dwelling Residential Exception Zone R8(XX),
Second Density Apartment Residential Exception Zone RA2(XX)” and “Environmental
Protection Zone (EP)”.
The maximum net density proposed is 161 units per hectare with a maximum height of
7 storeys.
The OLT has scheduled a Case Management Conference by Video Conference for this
matter on Thursday, December 1, 2022, at 10am.
Analysis
The Town is currently conducting a review of the Town’s Official Plan to appropriately
determine how the Town should grow over the next 30 years. Town Staff are targeting
June 2023 to present the Official Plan to Council.
Page 2 of 31
November 22, 2022 3 of 5 Report No. PDS22-139
The minimum building height of 12 Storeys and the proposed density of 330 units per
hectare outlined in modification 14 by the Province precedes a fulsome examination
through the Official Plan Review or even a review by the OLT.
Town Staff have prepared an Interim Control By-law (ICBL) for Council’s enactment (see
Attachment 2).
An ICBL would allow time for a fulsome examination of the appropriate land use,
density and height for the subject lands.
Advisory Committee Review
NA
Legal Considerations
Section 38 of the Planning Act allows the Council of a municipality to pass an ICBL for a
period of up to one (1) year in order to prohibit the use of land, buildings, or structures
so that a review or study can be undertaken with respect to land use planning policies.
The Act also provides for a further extension of the ICBL, if necessary. Subsection 38(3)
of the Planning Act provides that no notice or hearing is required prior to the passage of
an ICBL, however, once the by-law has been passed, the Town is required to provide
notice of its passing within 30 days. The ICBL can be appealed to the OLT within 60
days from its enactment.
Financial Implications
None.
Communications Considerations
NA
Climate Change Considerations
The recommendations from this report have undetermined impacts on greenhouse gas
emissions and climate change adaptation. The fulsome examination of the Official Plan
Review will help to better understand the possible impacts as buildings significantly
contribute to GHG emissions.
Page 3 of 31
November 22, 2022 4 of 5 Report No. PDS22-139
Link to Strategic Plan
Allowing for the completion of the review of the Official Plan supports the Strategic Plan
goal of: Supporting an exceptional quality of life for all, via the objective of
Strengthening the fabric of our community, specifically through the action item: Prepare
and update the Town’s Official Plan and Zoning By-law in accordance with the
requirements of the Planning Act.
Alternative(s) to the Recommendation
1. That Council provide direction.
Conclusions
Provincial modification 14 to the York Regional Official Plan 2022 relates to 1289
Wellington Street East in the Town of Aurora, which is currently before The Ontario Land
Tribunal (OLT). The decisions made regarding height and density did not include any
consultation with the Town of Aurora. An Interim Control By-law would allow time for a
fulsome examination of the appropriate Land Use, density and height for the subject
lands.
Attachments
Attachment 1 – York Region Staff Memo re Regional Official Plan 2022, Minister of
Municipal Affairs and Housing Approval
Attachment 2 –Draft Interim Control By-law
Previous Reports
NA
Pre-submission Review
NA
Approvals
Approved by Marco Ramunno, MCIP, RPP, Director, Planning and Development Services
Page 4 of 31
November 22, 2022 5 of 5 Report No. PDS22-139
Approved by Doug Nadorozny, Chief Administrative Officer
Page 5 of 31
Office of the Chief Planner
Corporate Services Department
MEMORANDUM
To: Regional Chair Emmerson and Members of Regional Council
From: Paul Freeman
Chief Planner
Date: November 8, 2022
Re: Regional Official Plan 2022
Minister of Municipal Affairs Approval
November 4, 2022 the Minister of Municipal Affairs and Housing modified and
approved the York Region Official Plan 2022
The Minister of Municipal Affairs and Housing has issued notice of approval of the 2022 York
Region Official Plan, which includes 80 modifications (Attachment 1). Official Plans for the
Region’s of Halton, Peel and Niagara, as well as the Cities of Ottawa and Hamilton were also
approved on November 4, 2022 along with proposed changes to urban expansion and/or lands
included in the Greenbelt Plan.
A number of modifications are minor in nature and preserve the integrity of the
Plan as adopted by Council
A significant number of modifications made by the Minister do not fundamentally change the
intent of the policies as adopted. In general, these modifications improve clarify and/or align
more directly with Provincial policy and guidelines. The policy approach adopted by Council is
largely intact.
Several modifications relate to urban expansion, including more whitebelt and
removal of adopted Oak Ridges Moraine urban expansion in Whitchurch-Stouffville,
and policies regarding future urban uses with the ORM Plan area
Ministerial modifications include adding the remaining Whitchurch-Stouffville whitebelt lands (268
hectares), and approximately 59 hectares and 37 hectares of the remaining Markham and King
whitebelt lands respectively (Attachment 2) as Community Area, from agricultural area in the
adopted ROP.
Attachment 1
Page 6 of 31
2
Adopted urban expansion on the Oak Ridges Moraine in the Town of Whitchurch-Stouffville north
of the Community of Stouffville, and for employment south of the Hamlet of Gormley, has been
removed through Provincial modifications. Expanded urban permissions on the ORM adopted by
Council through policy 5.3.4 (regarding Rizmi lands) have also been removed. Through the
modifications, the Minister has reinstated the policy in place in the 2010 ROP regarding the
original 40.5 hectares (100 acres).
Other modifications signal further urban use designations on the ORM that the province intends
to implement. The first being around the Gormley GO station. This modification indicates a
future Major Transit Station Area (MTSA) with a minimum density of 150 people and jobs per
hectare will be delineated around the Gormley GO station in Richmond Hill, subject to an
amendment by the Minister to Ontario Regulation 140/02, in a manner maximizing the size of the
station area and the number of transit users within walking distance of the station (generally
within 800m).
The second is on an approximately 46 hectare parcel at the north-east corner of Teston Road
and Dufferin Street. Through this modification, the minister adds a policy indicating lands outside
of the Natural Linkage Area are intended to be added to the Urban Area, also subject to a future
amendment by the Minister of Ontario Regulation 140/02.
The Province is proposing ORM/Greenbelt changes, announcing intentions through the
Environmental Registry of Ontario posting 019-6217 or Environmental Registry of Ontario
posting 019-6218 – both of which were also issued on November 4, 2022.
Other significant modifications include the treatment of ‘future’ MTSAs, potential
servicing options for Nobleton, and the removal of post 2051 future urban and
future employment mapping
MTSAs requiring further planning and consultation to finalize location and delineation (Mulock
GO, Kirby GO, Gormley GO, and the Jane Street BRT stations) have been removed from
Appendix 2 but are proposed to be identified on Map 1B as ‘future major transit station areas’.
The adopted ROP included greater protection for these lands by identifying preliminary
boundaries and making them subject to policies that would ensure transit-supportive
development. While a different approach, the intent remains relatively equal, other than the
potential future treatment of the Gormley GO MTSA as described above.
The Minister, through a policy modification, has made communal servicing a valid consideration
for future growth in Nobleton, by expressly permitting its consideration through an Environmental
Assessment Act process.
The adopted ROP signaled the need for the remaining, undesignated whitebelt land for urban
growth post 2051 by identifying them as “Future Urban Area” on Map 1B. This identification as
well as the Future Strategic Employment Area identification along the 404 through ROP
Appendix 4 were removed by the Minister through approval.
Page 7 of 31
3
Other modifications include the following:
Minor changes to a Greenbelt Plan area finger in Vaughan from agriculture to rural would
make those strips of rural land subject to the permissions sought through ROPA 7 to the
2010 ROP, which are approved and in effect through the 2022 ROP
Policy revisions removing the requirement to set maximum heights and densities in
intensification areas (requested by local municipalities to protect the Intensification
Hierarchy)
Two employment areas converted to community areas in Vaughan
Reinstatement of the 2010 agricultural designation of rural lands in the Town of Georgina
south of Baseline Road, and redesignation of rural lands to agriculture south of the Hamlet
of Kettleby in the Township of King
Introduction of site-specific “Special Provisions” in several locations, primarily related to
permitting additional density and height and allowing uses sought by landowners. Some
locations are subject to active planning applications, some of which are before the Ontario
Land Tribunal.
Staff will work collaboratively with local municipalities to implement the ROP,
including assessing implications of changes on infrastructure planning
Bill 23 proposes that the ROP once approved, becomes the jurisdiction of the Local
Municipalities to implement. Staff will work collaboratively with local municipal staff in this regard.
Additionally, the approved ROP 2022 includes growth beyond assumptions made through the
MCR process, examples being additional urban expansion, higher densities and conversions of
employment areas to community areas. The implications of these changes will need to be
assessed from a servicing perspective.
Paul Freeman, MCIP, RPP
Chief Planner
Bruce Macgregor
Chief Administrative Officer
Attachments (2)
14351438
Page 8 of 31
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to impose interim controls on the use of land, buildings, or
structures within a certain area of the Town of Aurora.
Whereas subsection 38(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”),
provides that where the council of a local municipality has, by by -law or resolution, directed that a review
or study be undertaken in respect of land use planning policies in the municipality or in any defined area
or areas thereof, the council of the municipality may pass a by -law to be in effect for a period of time
specified in the by-law, which period shall not exceed one (1) year from the date of the passing thereof,
prohibiting the use of land, buildings or structures within the municipality or within the defined area or
areas thereof for, or except for, such purposes as are set out in the by -law;
And whereas the Council of The Corporation of the Town of Aurora (the “Town”) has directed by
resolution that a study be undertaken as part of the Official Plan Review in respect of land use planning
policies relating to 1289 Wellington St. East to determine the appropriate land use, density and height for
this property;
And whereas the Council of the Town deems it necessary and appropriate to enact this By-law, being an
interim control by-law, to allow the Town to undertake the required study with respect to existing
development policies and zoning provisions for 1289 Wellington St. East and, if appropriate, to implement
the findings of such study.
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows:
1.This By-law shall apply to all the lands located within the Town of Aurora identified on Schedule “A”
attached hereto and forming part of this By-law.
2.Notwithstanding the provisions set out in the Zoning By-law, no land, buildings, or structures within
the areas identified on Schedule “A” to this By-law shall be built upon, enlarged or expanded beyond
the provisions and regulations of the existing Zoning By-law in effect and applying to the lands.
3.Subject to an amendment of this By-law in accordance with section 38 of the Planning Act, to extend
the period of time during which it will be in effect, this By-law shall come into full force and effect on
the date of final passage hereof, and shall remain in full force and effect for a period of one (1) year
from the date of final passage.
Enacted by Town of Aurora Council this XX day of XXXXX, 2022.
_______________________________
Tom Mrakas, Mayor
_______________________________
Michael de Rond, Town Clerk
Attachment 2
Page 9 of 31
By-law Number XXXX-22 Page 2 of 3
Explanatory Note:
Re: Zoning By-law Amendment Number XXXX-22
By-law Number XXXX-22 has the following purposed and effect:
To apply interim control measures to certain lands identified on Schedule “A” restricting and lands,
buildings, or structures to be built upon which do not conform to the existing provisions and regulations of
the current Town of Aurora Zoning By-law in effect.
The Interim Control By-law will allow the Town to conduct a study with respect to existing development
policies and zoning provisions for 1289 Wellington St. East and, if appropriate, to implement the findings
of such study.
The Interim Control By-law will be in effect for one (1) year, unless rescinded or extended by Council By-
law.
Page 10 of 31
By-law Number XXXX-22 Page 3 of 3
Schedule “A”
Page 11 of 31
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Council Report
No. PDS22 -138
Subject: Bill 23 Proposed Omnibus Legislation Summary
Prepared by: Matthew Volpintesta, Senior Policy Planner
Department: Planning and Development Services
Date: November 22, 2022
_
Recommendation
1. That Report No. PDS22-138 be received for information.
Executive Summary
Bill 23, the More Homes Built Faster Act, 2022, is omnibus legislation that received first
reading in the provincial legislature on October 25, 2022 (“Bill 23”). It proposes changes
to nine Acts and proposes a new Act, the Support Growth and Housing in York and
Durham Region’s Act, 2022.
Many of these proposed changes are significant and will restrict how municipalities
manage growth through implementation of the official plan and the ability to provide
essential infrastructure and community services. Further, Bill 23 limits the ability of the
Conservation Authorities to review and comment on development applications and
supporting environmental studies. These changes would freeze, remove and reduce
development charges, community benefits charges, and parkland dedication
requirements and remove aspects of site plan control of some residential development
proposals up to 10 units.
Analysis
Summary of Proposed Changes
Area Summary Additional Comment
Development Charges Act, 1997
Page 12 of 31
November 22, 2022 2 of 12 Report No. PDS22-138
Area Summary Additional Comment
1. Duration of Development
Charges (DC) by-law
Maximum by-law term is
extended from 5 to 10
years.
The Town’s current DC
Bylaw expires on
March 26, 2024.
2. Mandatory phase-in of new
DC by-law rates.
New DC by-law rates,
resultant from a by-law
update/amendment phased
in over first 5 years; no
more than 80% in year 1 to
100% by 5 years and
onwards.
It is estimated that
municipalities will need
to forego 10-15 percent
of revenues they would
otherwise be entitled
to. Any lost revenues
would need to be borne
by its existing tax and
rate payers.
3. New DC exemptions or
partial
exemptions/discounts
1. Affordable Housing
(full exemption)
2. Attainable housing
(full exemption)
3. Not for profit
housing (full
exemption)
4. Inclusionary zoning
units (full exemption
5. Rental housing
(discount/partial
exemption)
The proposed criteria of an
“affordable residential unit”
is that the rent or the
purchase price of the
residential unit is no
greater than 80 percent of
the average market rent or
average purchase price.
The proposed criteria of an
“attainable residential unit”
is that the unit is neither an
affordable residential unit
nor a rental and is part of
“prescribed development
or class of developments”
Further details are to be
provided via annual bulletin
It is estimated that
municipalities will need
to forego a further 10-
15 percent of revenues
they would otherwise
be entitled to. Any lost
revenues would need
to be borne by its
existing tax and rate
payers.
The Town’s
administrative burden
will be significant in its
enforcement of
required ongoing
affordable housing
agreements.
Housing needs to
remain “affordable” for
25 years.
Page 13 of 31
November 22, 2022 3 of 12 Report No. PDS22-138
Area Summary Additional Comment
which detail “rates” of
affordability.
4. Removal of DC-eligible
costs – studies and land
Select growth studies such
as the Town’s DC Study and
all previously eligible land
purchase requirements (ie.
Purchase of land for a new
recreation centre) will no
longer be eligible for
recovery through DCs.
These requirements
would alternatively
need to be borne by the
Town’s existing tax and
rate payers.
5. Interest rate changes on
frozen DCs/installment
payments
Capped at average Prime
plus 1%
Depending on the value
of the prime rate, the
Town may lose interest
revenue it otherwise
would have collected
based on its current
policy.
6. Historic average service
level timeframe
Extended from 10 years to
15 years
As the Town has
experienced significant
growth over the past
10 years, moving to a
15-year average is
likely to reduce its level
of service cap and its
corresponding eligible
DC expenditures; the
resultant ineligible
requirements would
need to be borne by
current tax and rate
payers, or existing
levels of service
reduced.
7. Allocation of monies in
reserve fund
Beginning in 2023 and in
each calendar year
thereafter, a municipality
shall spend or allocate at
least 60% of the monies
that are in a reserve fund for
services at the beginning of
the year. Applies to water,
wastewater and roads. All
other DC services are not
Further clarity is
needed with regards to
the definition of what
an allocation is. This
clarity will likely come
as part of the
regulation(s) which are
expected to follow.
Page 14 of 31
November 22, 2022 4 of 12 Report No. PDS22-138
Area Summary Additional Comment
subject to these allocation
requirements.
Planning Act
8. Additional residential Units Allow up to three units per
lot.
Prohibit municipalities from
imposing DCs (regardless
of unit size), parkland
dedication or cash-in-lieu
requirements, applying
minimum unit sizes or
requiring more than one
parking space per unit with
regard to new units built
under this permission.
Up to three units in the
primary building, or up
to two in primary
building and one in
ancillary building or
structure. These
changes would apply
to any parcel of urban
residential land in
settlement areas with
full municipal water
and sewage services
9. Planning Appeals for All
Proposals
Limit third party appeals.
Appeals would only be
maintained for key
participants (i.e., applicants,
province, public bodies,
First Nations, and utility
providers that participated
in the process) except
where appeals have already
been restricted (e.g.,
Minister’s decision on new
official plan.
The provincial intent is
to streamline and fast
track development
approvals.
Unless the regional
government (Regional
Municipality of York) is
the proprietor of a
proposal, they may not
appeal.
10. Upper-tier and Lower-tier
Municipal Planning
Responsibilities.
Remove planning
responsibilities of the
Regional Municipality of
York, and other regions.
This could impact the
timing for final
approval of the Town’s
OP due to bottle neck
at the Province for
review.
11. Role of Conservation
Authorities
Streamlined process to
sever and dispose of land.
Expedite the existing
processes associated with
the severance and
conveyance of land.
Current transitioning
with CAs underway
from Bill 108, requiring
new service
agreements by 2024.
The new proposed
legislation may impact
Page 15 of 31
November 22, 2022 5 of 12 Report No. PDS22-138
Area Summary Additional Comment
Limit conservation authority
appeals when acting as a
public body, other than
when acting as an applicant
to matters related to natural
hazards policies in
provincial policy statements
issued under the Planning
Act.
these service
agreements which limit
the scope of services
offered.
12. Zoning Around Transit Require municipalities to
amend their zoning by-laws
to conform with official plan
policies that establish
minimum densities and
heights around Major
Transit Station Areas within
one year of Official Plan
Policies being approved by
the Minister.
Restriction on appeals of
the implementing zoning
by-law amendments.
Focused Zoning By-law
Update regarding
MTSA will be required
in a phased approach
to meet one year
timeline.
Risk of appeals from
the development
community, if the One
Year timeframe is not
achieved.
13. Community Benefit Charges Similar CBC statutory
exemptions are proposed
for CBCs relating to
affordable, attainable, and
inclusionary zoning unit
high density residential
developments.
Where eligible development
or redevelopment is
occurring on a parcel of
land with existing buildings
or structures, the maximum
CBC would be calculated on
the incremental
development only. The
amount of incremental
development would be
determined as the ratio of
new development floor area
to the total floor area.
All foregone CBC
revenues will need to
be borne by the Town’s
existing tax and rate
payers and/or existing
service levels would
need to be reduced.
The proposed
calculation of CBCs on
incremental
development only will
likely address all
concerns cited in a
recent appeal of the
Town’s CBC by-law.
Page 16 of 31
November 22, 2022 6 of 12 Report No. PDS22-138
Area Summary Additional Comment
14. Site Plan Control Remove all aspects of site
plan control for residential
development proposals up
to 10 units. The ability to
regulate architectural
details and landscape
design has been removed.
Town will no longer be
able to require Site Plan
Control for residential
projects between 1 and
10 units, including
dwellings within the
Stable Neighbourhood
areas. This would
impact the Town’s
Green Development
Standards to some
effect, on projects with
less than 10 units.
There would still be
control in reviewing
ZBA applications.
15. Parkland Dedication Affordable and attainable
housing units are exempt
from parkland dedication
units. The maximum 5%
rate for residential will be
proportionally discounted
based on the number of
affordable or attainable
units.
A second or third unit would
be exempt, as well as one
ancillary structure
residential unit.
The maximum alternate
rate changes from 1 ha per
300 units, to 1 ha per 600
units, and the cash-in-lieu
rate changes from 1 ha per
500 units to 1 ha per 1000
units.
No more than 15% of the
amount of land can be
required for parks for size
greater than 5 ha., and no
Affordable and
attainable definitions
will be clarified in the
regulations. The 2%
and 5% method of
collection should
remain, with
proportional
exceptions for
affordable and
attainable units.
All foregone parkland
dedication revenue
and/or required
additional parkland
purchases need to
maintain the Town’s
existing levels of
services will be borne
by the Town’s existing
taxpayers.
Land value calculation
at application
submission would lock
in CIL at earlier time,
Page 17 of 31
November 22, 2022 7 of 12 Report No. PDS22-138
Area Summary Additional Comment
more than 10% for sites 5
ha or less.
Beginning in 2023, the
proposed changes would
require municipalities to
allocate or spend at least
60% of their parkland
dedication reserve at the
start of each year.
Land valuation done at
application submission, and
not at building permit stage.
which would deflate
the value of the CIL
when paid in future and
may negatively reduce
the value of the CIL to
use funds for land
acquisition which
would likely be inflated.
New Act: Supporting Growth and Housing in York and Durham Regions Act, 2022
16. General Mandate the planning,
development and
construction of two
wastewater projects. Both
exempt from the
Environmental Assessment
Act, however environmental
impacts must be prepared.
None.
17. York Region Sewage Works
Project
Expand the existing York
Durham Sewage System to
accommodate growth to
2051. Revokes instruments
for the UYSS and
terminates the EA.
Upper York Sewage
Solution terminated,
with diversion to York
Durham Sewage
System, proposed to be
exempt from
Environmental
Assessment Act.
18. Lake Simcoe Phosphorus
Removal Project
One or more prescribed
municipalities to develop,
construct, and operate a
new treatment facility that
will remove phosphorus
from drainage water that
flows from the Holland
Marsh to Lake Simcoe
None.
Page 18 of 31
November 22, 2022 8 of 12 Report No. PDS22-138
Area Summary Additional Comment
Conservation Authorities Act
19. Minister’s Zoning Order
conditions
Gives authority to the
Minister to prescribe
conditions on a permit
issued by a Conservation
Authority where there is a
Minister’s Zoning Order.
None.
20. Permit Exemptions Exempt development
authorized under the
Planning Act from requiring
a permit under the CA Act in
municipalities set out in the
regulation.
None.
21. Review of development
related proposals and
applications
Scope CAs review and
commenting role with
respect to development
applications and land use
planning under prescribed
Acts to matters in their core
mandate (flooding and
erosion). Prevents a review
or commenting role for a
wide array of legislation,
which cannot be included
under an agreement with a
municipality.
No current in-house
expertise to replace
environmental review
as currently performed
by CA.. Town will
require further staff
with environmental
expertise.
Municipal Act, 2001
22. Residential Rental
Properties
Establish authority for the
Minister of Municipal
Affairs and Housing to
make regulations imposing
limits and conditions on the
powers of a municipality to
prohibit and regulate the
demolition and conversion
of residential rental
properties
May reduce the Town’s
rental housing stock.
Regulations have not
yet been released.
Page 19 of 31
November 22, 2022 9 of 12 Report No. PDS22-138
Area Summary Additional Comment
Ontario Land Tribunal Act
23. Dismissal of Proceedings The OLT may dismiss a
proceeding without a
hearing if the Tribunal is of
the opinion the that the
party who brought the
proceeding has contributed
to the undue delay of the
proceeding or if a party has
failed to comply with an
order.
None.
24. Costs Gives the Tribunal the
power to order an
unsuccessful party to pay a
successful party’s costs,
intended to encourage
parties to reach an
agreement without going
through the Tribunal
Creates potential for
new financial exposure
to the Town for
unsuccessful tribunal
hearings.
Ontario Heritage Act
25. Heritage property
designation
Permits the Minister of
Citizenship and
Multiculturalism to review,
confirm and revise, the
determination of a property.
Implements higher
standards to require a
property to meet two or
more criteria. Listed
properties would need to
meet one of the criteria.
Municipalities to review
existing registers and
decide if properties should
be designated.
If a non-designated property
listed is not designated
within 2 years, it is removed
from the list. The property
cannot be included on the
list for another 5 years.
Within 2 years, current
list of non-designated
properties must be
cleared (approximately
400 properties
currently listed and un-
designated).
Page 20 of 31
November 22, 2022 10 of 12 Report No. PDS22-138
Area Summary Additional Comment
26. Heritage Conservation
Districts
Heritage Conservation
District Plans can be
amended or repealed, and a
regulatory authority would
prescribe this process.
New HCD Plans can be
explored.
Advisory Committee Review
N/A
Legal Considerations
The provincial government introduced Bill 23 on October 25, 2022. The table above
highlights many of the amendments to the various legislation that impacts the Town.
As of the writing of the report, the Bill is currently in Second Reading. The deadline to
provide comments on the amendments is November 24, 2022.
Financial Implications
The proposed Bill 23 if approved will have a significant financial impact on the Town.
This impact will include an estimated 20 to 30 percent in foregone development charge
revenues relating to the proposed 5-year phase in of all new development charge by-law
rates and the introduction of the new exemptions and discounts on select development
types. Further development charge revenue losses are anticipated as a result of
proposed changes to how historical levels of service are calculated and the deemed
ineligibility for recovery through DCs of water/wastewater master plans, environmental
assessments and other select studies.
Similar development type exemptions are proposed for the Town’s new Community
Benefit Charge are expected to result in additional development revenue losses by the
town.
In consideration that these anticipated revenue losses are used by the Town to fund its
establishment of the infrastructure necessary to ensure a consistent level of service to
a growing community, it must find alternative funding sources for this purpose;
otherwise, existing services levels will need to be reduced. As the Town’s alternative
revenue sources are limited, it will have no choice but to pass these growth-related
costs onto its existing tax and rate payers at a time when it is experiencing other
considerable financial pressures stemming from inflation and asset management
Page 21 of 31
November 22, 2022 11 of 12 Report No. PDS22-138
demands. Consequently, tax and rate payers will experience a considerable increase to
their property’s ongoing carrying costs.
Communications Considerations
N/A
Climate Change Considerations
Bill 23’s proposed legislation includes removal of development review tools by the
Municipality and limit the Town’s ability to enforce Site Plan Control including aspects
of architectural and landscape design. This may impact the ability of the Town to
implement a fulsome Green Development Standard program or result in an inability to
suggest other elements of green infrastructure through architectural design or
landscape at Site Plan Control review.
Link to Strategic Plan
N/A
Alternative(s) to the Recommendation
That Council adopt a motion opposing Bill 23 requesting the Province consider further
comment from municipalities and governmental agencies in revision of the proposed
legislation.
Conclusions
The proposed legislation through Bill 23 includes changes to several provincial Acts
related to residential development. Under the guise of providing more affordable
housing supply, many of these proposed changes are significant and will restrict how
municipalities manage growth through implementation of the official plan and the
ability to provide essential infrastructure and community services.
Attachments
None.
Page 22 of 31
November 22, 2022 12 of 12 Report No. PDS22-138
Previous Reports
N/A
Pre-submission Review
N/A
Approvals
Approved by Marco Ramunno, Director, Planning and Development Services
Approved by Doug Nadorozny, Chief Administrative Officer
Page 23 of 31
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Motion
Mayor’s Office
_______________________________________________________________________________________
Re: Modifications to York Region Official Plan
To: Members of Council
From: Mayor Tom Mrakas
Date: November 22, 2022
_______________________________________________________________________________________
Whereas the Province on November 4, 2022, approved the York Region Official Plan with
80 modifications; and
Whereas these modifications to the Regional Official Plan have been made by the
Minister including two in the Town of Aurora; and
Whereas these modifications have been made without consultation or support by the
Town of Aurora; and
Whereas Section 4.2 is modified by adding a new policy subsection after policy 4.2.29,
titled "Special Provisions", followed by new policies: “4.2.30 Special provisions for the
lands known municipally as 1289 Wellington Street East in the City of Aurora (PIN
036425499). Notwithstanding any other policies in this Plan to the contrary, the
minimum density target to be achieved is 330 units per hectare and minimum building
height of 12 storeys.";
1. Now Therefore Be It Hereby Resolved That the Town of Aurora opposes the
modification by the Minister of Municipal Affairs and Housing for the lands
known municipally as 1289 Wellington Street East in the Town of Aurora (PIN
036425499); and
2. Be It Further Resolved That the Town of Aurora requests the Minister to revoke
special provision 4.2.30 to allow for the normal planning process to occur, as the
Modification to the Regional Official Plan is contrary to the planning applications
(OPA and ZBA) currently before the OLT (case files: OLT-22-004187 and OLT-22-
004188); and
3. Be It Further Resolved That a copy of this Motion be sent to The Honourable
Doug Ford, Premier of Ontario, The Honorable Sylvia Jones, Deputy Premier of
Page 24 of 31
Modifications to York Region Official Plan
November 22, 2022 Page 2 of 2
Ontario, The Honourable Steve Clark, Minister of Municipal Affairs and Housing,
Peter Tabuns, Interim Leader of the New Democratic Party, and all MPPs in the
Province of Ontario; and
4. Be It Further Resolved That a copy of this Motion be sent to the Association of
Municipalities of Ontario (AMO) and all Ontario municipalities for their
consideration.
Page 25 of 31
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Motion
Mayor’s Office
_______________________________________________________________________________________
Re: Opposition to Bill 23, More Homes Built Faster Act, 2022
To: Members of Council
From: Mayor Tom Mrakas
Date: November 22, 2022
_______________________________________________________________________________________
Whereas Bill 23, the More Homes Built Faster Act, omnibus legislation that received first
reading in the provincial legislature on October 25, 2022, proposes changes to nine
Acts. Many of these proposed changes are significant and will restrict how
municipalities manage growth through implementation of the official plan and the
ability to provide essential infrastructure and community services; and
Whereas the effect of Bill 23 is that the Conservation Authority will no longer be able to
review and comment on development applications and supporting environmental
studies on behalf of a municipality; and
Whereas Bill 23 proposes to freeze, remove, and reduce development charges,
community benefits charges, and parkland dedication requirements; and
Whereas Bill 23 will remove all aspects of Site Plan Control of some residential
development proposals up to 10 units. Changes would also remove the ability to
regulate architectural details and aspects of landscape design;
1. Now Therefore Be It Hereby Resolved That the Town of Aurora oppose Bill 23,
More Homes Built Faster Act, 2022, which in its current state will severely impact
a municipality's ability to provide future services, amenities, and infrastructure,
and negatively impact residential tax rates; and
2. Be It Further Resolved That the Town of Aurora call upon the Government of
Ontario to halt the legislative advancement of Bill 23, More Homes Built Faster
Act, 2022 to enable fulsome consultation with Municipalities to ensure that its
objectives for sound decision-making for housing growth that meets local needs
will be reasonably achieved; and
Page 26 of 31
Opposition to Bill 23, More Homes Built Faster Act, 2022
November 22, 2022 Page 2 of 2
3. Be It Further Resolved That a copy of this Motion be sent to The Honourable
Doug Ford, Premier of Ontario, The Honourable Michael Parsa, Associate
Minister of Housing, The Honourable Steve Clark, Minister of Municipal Affairs
and Housing, Peter Tabuns, Interim Leader of the New Democratic Party, and all
MPPs in the Province of Ontario; and
4. Be It Further Resolved That a copy of this Motion be sent to the Association of
Municipalities of Ontario (AMO) and all Ontario municipalities for their
consideration.
Page 27 of 31
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to impose interim controls on the use of land, buildings,
or structures within a certain area of the Town of Aurora
(1289 Wellington Street East).
Whereas subsection 38(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the
“Planning Act”), provides that where the council of a local municipality has, by by-law or
resolution, directed that a review or study be undertaken in respect of land use planning
policies in the municipality or in any defined area or areas thereof, the council of the
municipality may pass a by-law to be in effect for a period of time specified in the by-
law, which period shall not exceed one (1) year from the date of the passing thereof,
prohibiting the use of land, buildings or structures within the municipality or within the
defined area or areas thereof for, or except for, such purposes as are set out in the by-
law;
And whereas the Council of The Corporation of the Town of Aurora (the “Town”) has
directed by resolution that a study be undertaken as part of the Official Plan Review in
respect of land use planning policies relating to 1289 Wellington Street East to
determine the appropriate land use, density, and height for this property;
And whereas the Council of the Town deems it necessary and appropriate to enact this
By-law, being an interim control by-law, to allow the Town to undertake the required
study with respect to existing development policies and zoning provisions for 1289
Wellington Street East and, if appropriate, to implement the findings of such study.
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. This By-law shall apply to the land located within the Town of Aurora identified on
Schedule “A” attached hereto and forming part of this By-law.
2. Notwithstanding the provisions set out in the Zoning By-law, no land, buildings, or
structures within the areas identified on Schedule “A” to this By-law shall be built
upon, enlarged, or expanded beyond the provisions and regulations of the
existing Zoning By-law in effect and applying to the lands.
3. Subject to an amendment of this By-law in accordance with section 38 of the
Planning Act, to extend the period of time during which it will be in effect, this By-
law shall come into full force and effect on the date of final passage hereof, and
shall remain in full force and effect for a period of one (1) year from the date of
final passage.
Enacted by Town of Aurora Council this 22nd day of November, 2022.
_______________________________
Tom Mrakas, Mayor
_______________________________
Michael de Rond, Town Clerk
Page 28 of 31
By-law Number XXXX-22 Page 2 of 3
Explanatory Note:
Re: Zoning By-law Amendment Number XXXX-22
By-law Number XXXX-22 has the following purposed and effect:
To apply interim control measures to certain lands identified on Schedule “A” restricting
and lands, buildings, or structures to be built upon which do not conform to the existing
provisions and regulations of the current Town of Aurora Zoning By-law in effect.
The Interim Control By-law will allow the Town to conduct a study with respect to
existing development policies and zoning provisions for 1289 Wellington Street East
and, if appropriate, to implement the findings of such study.
The Interim Control By-law will be in effect for one (1) year, unless rescinded or
extended by Council By-law.
Page 29 of 31
By-law Number XXXX-22 Page 3 of 3
Schedule “A”
Page 30 of 31
The Corporation of The Town of Aurora By-law Number XXXX-22 Being a By-law to confirm actions by Council resulting from a Special Meeting of Council on November 22, 2022. The Council of the Corporation of The Town of Aurora hereby enacts as follows:
1. That the actions by Council at its Special Meeting of Council held on November 22,
2022, in respect of each motion, resolution and other action passed and taken by
the Council at the said meeting is hereby adopted, ratified and confirmed.
2. That the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary in
that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
Enacted by Town of Aurora Council this 22nd day of November, 2022.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Page 31 of 31