Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 15, 2021
CASE NO(S).: PL200238
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: IMH 145 & 147 Wellington Ltd. (Starlight)
Subject: Application to amend Zoning By-law No. 6000-17 - Refusal or neglect of Town of Aurora to make a decision
Existing Zoning: Second Density Apartment Residential (RA2) Zone
Proposed Zoning: Second Density Apartment Residential [RA2(521)] Exception Zone
Purpose: To permit the addition of 56 stacked townhouse dwelling units, with a reduced parking rate and other site specific exceptions
Property Address/Description: 145-147 Wellington St. W.
Municipality: Town of Aurora
Municipality File No.: ZBA-2018-01
LPAT Case No.: PL200238
LPAT File No.: PL200238
LPAT Case Name: IMH 145 & 147 Wellington Ltd. (Starlight) v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: IMH 145 & 147 Wellington Ltd. (Starlight)
Subject: Site Plan
Property Address/Description: 145-147 Wellington Street West
Municipality: Town of Aurora
LPAT Case No.: PL200238
LPAT File No.: PL200622
Heard: May 11, 2021 via video hearing
APPEARANCES:
Parties
Counsel
IMH 145 & 147 Wellington Ltd. (Starlight)
Denise Baker and Alexia Clutterbuck
Town of Aurora
Andrew Biggart and Patricia Desario
DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL
1The Parties have brought a settlement for the consideration of the Tribunal which would permit 56 rental stacked townhouse units to be erected in addition to the two existing apartment buildings located at 145 and 147 Wellington Street in the Town of Aurora. The property is located in the western part of the Town of Aurora and has street frontage on both Wellington Street West and Murray Drive, taking vehicular access from Murray Drive.
2The Settlement resolves the appeals filed against the failure of Council to make decisions with respect to the applications to amend the zoning and to approve the related site plan application.
3The settlement is supported by the uncontested affidavit and viva voce evidence of TJ Ciecuira, who was qualified to assist the Tribunal in its determination with opinion evidence in areas of land use planning.
4There are currently 204 units in the existing 95 unit 6 storey, and 109 unit 7 storey apartment buildings erected on site. The stacked townhouse units will be organized in 3 blocks in accordance with the site plan attached hereto and entered as Exhibit 2.
5A total of 301 parking spaces will ultimately be provided, together with the construction of interim parking on the Aurora High School site located opposite the subject lands on Murray Road for use by existing residents during the construction period. The 50 spaces are to become part of the permanent parking complement of the school post construction. During construction the arrangement for the 50 spaces will ensure that there are at all times a minimum of 256 parking spaces available to residents of the 204 units.
6The parking ratio proposed and incorporated into the amending zoning by-law attached as extracted from Exhibit 1, the affidavit of the sole witness, was supported by a parking utilization study conducted by Paradigm Transportation Solutions Limited. The recommended and accepted parking requirement of 1.04 spaces /unit will result in a parking supply of 301 spaces against a demand of 271, including spaces for visitors and staff.
7The affidavit planning evidence and that adduced at the hearing in support of the settlement attest to the proposal, in the opinion of the sole witness, being consistent with and in conformity to Provincial policy. The Tribunal finds that the intensification of the site with a built form not otherwise present or permitted as of right in the community, furthers the objective of broadening the range and mix of housing types. The rental tenure in this form reinforces the aforementioned merit in support of the settlement.
8The full affidavit filed as Exhibit 1 incorporates the final site plan drawings and associated conditions of Site Plan Approval, appended hereto as Attachment 2 and 3 respectively, all of which, in the uncontroverted evidence of a qualified planning witness, represent good planning, consistent with and in conformity to provincial policy, the Regional and Town Official plans.
FINDINGS
9The Tribunal accepts the uncontradicted opinion evidence proffered in support of the settlement.
ORDER
10The Tribunal allows the appeal in part and approves the zoning amendment attached hereto as Attachment 1, approves the suite of Site Plan drawings attached hereto as Attachment 2, subject to the conditions set out in Attachment 3 hereto, all forming part of this Order.
“Sharyn Vincent”
SHARYN VINCENT
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.