Ontario Land Tribunals
Tribunaux de l’aménagement du territoire Ontario
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October 26, 2021
TO: All recipients of the Ontario Land Tribunals Decision issued on October 8, 2021
RE: OLT CASE NO.: PL190473 DECISION ISSUED OCTOBER 8, 2021
On October 8, 2021 the Ontario Land Tribunals issued its Decision (“Decision”) on the above noted case.
Rule 24.04 of the Local Planning Appeal Tribunal’s Rules of Practice and Procedure states that the Tribunal may at any time correct a technical or typographical error made in a decision or order.
The Tribunal has corrected the Decision under the authority of this rule by replacing the attachments due to a transmittal error sent via an issued email to recipients.
A corrected version of the Decision issued on October 8, 2021 is enclosed with this communication. This enclosed Decision replaces the Decision issued on October 8, 2021
Thank you.
“Euken Lui”
EUKEN LUI
REGISTRAR
Encl.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 08, 2021
CASE NO(S).: PL190473
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Metropolitan Square Inc.
Subject: Request to amend the Official Plan - Failure of Town of Aurora to adopt the requested amendment
Existing Designation: “Promenade General – Special Design Areas”
Proposed Designation: To add a site-specific policy to the “Promenade General – Special Design Areas” designation
Purpose: To permit the development of two (2) 10-storey residential buildings joined together with a common lobby with a total of 296 residential units and 401 underground parking spaces
Property Address/Description: Part of Lot 106, Registered Plan 246, Lot 81, Concession 1, EYS, Town of Aurora/ 180, 190 & 220 Wellington Street East
Municipality: Town of Aurora
Approval Authority File No.: OPA-2015-05
LPAT Case No.: PL190473
LPAT File No.: PL190473
LPAT Case Name: Metropolitan Square Inc. 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: Metropolitan Square Inc.
Subject: Application to amend Zoning By-law No. 2213-78, as amended – Neglect of application by the Town of Aurora
Existing Zoning: “General Industrial (M2) Zone”
Proposed Zoning: “Third Density Apartment Residential (RA3-XX) Exception Zone”
Purpose: To permit the development of two (2) 10-storey residential buildings joined together with a common lobby with a total of 296 residential units and 401 underground parking spaces
Property Address/Description: Part of Lot 106, Registered Plan 246, Lot 81, Concession 1, EYS, Town of Aurora/ 180, 190 & 220 Wellington Street East
Municipality: Town of Aurora
Municipal File No.: ZBA-2015-15
LPAT Case No.: PL190473
LPAT File No.: PL190474
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Site Plan
Referred by: Metropolitan Square Inc.
Property Address/Description: Part of Lot 106, Registered Plan 246, Lot 81, Concession 1, EYS, Town of Aurora/ 180, 190 & 220 Wellington Street East
Municipality: Town of Aurora
LPAT Case No.: PL190473
LPAT File No.: PL190475
Heard: April 28, 2021 via video hearing
APPEARANCES:
Parties
Counsel
Metropolitan Square Inc.
Pitman Patterson Katie Butler
Town of Aurora
Christie Gibson Patricia De Sario
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON APRIL 28, 2021 AND INTERIM ORDER OF THE TRIBUNAL
1The matters before the Ontario Land Tribunal (the “Tribunal”) are appeals filed by Metropolitan Square Inc. (the “Appellant”) under s. 2(7), 34(11) and 41(12) of the Planning Act (“Act”) as a result of the failure of the Town of Aurora to make a decision within the timeframes prescribed in these subsections of the Act.
2The Appellant chose to exercise their statutory rights and appeal the Official Planning Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) applications based on Council’s failure to adopt the requested OPA and failure to make a decision on the ZBLA.
3Prior to the Hearing of the merits, the parties entered into the Minutes of Settlement.
4The Hearing scheduled on April 28, 2021 took place as a Settlement Hearing.
5The Tribunal heard the land-use planning evidence of the Appellant’s Planner Angela Sciberras, in support of the settlement, the OPA and ZBLA, and received the submissions of Counsel.
6The Tribunal being satisfied by the evidence provided, gave an oral decision allowing the appeals in part, and approving the OPA and ZBLA, with written decision and reasons to follow.
BACKGROUND AND CONTEXT
7This matter relates to planning instruments to permit a development on three parcels of land owned by the Applicant, municipally known as 180, 190 and 220 Wellington Street East, in the Town of Aurora, in the Regional Municipality of York (the "Region"). The Site is located at the northeast corner of the intersection of Industrial Parkway North and Wellington Street East.
8The Tribunal was informed that the Site is approximately 1.088 hectares (2.69 acres) in area. It has frontage of approximately 78.5 metres (“m”) (257.5 feet) along Wellington Street East and 111.26 m (365.0 ft) along Industrial Parkway North. The Site is presently occupied by Aurora Tire and Wheel at the intersection (180 Wellington Street West), and The Royal Wood Shop Ltd., a custom wood trim, moulding and related materials retail store, and a number of accessory buildings and structures, which are no longer utilized, on the balance of the Site.
9The Tribunal heard that the Site is within a proposed Major Transit Station Area and is 285 m from the Aurora GO station. More specifically, to the south of the Site, west of Industrial Parkway, fronting on Wellington Street East, is the Aurora GO Train and Bus Station and a large multi-storey car park.
10The Site falls within the Aurora Promenade Secondary Plan (the "APSP") which extends for approximately 1.6 kilometres along Wellington Street East from Yonge Street to John West Way. There currently exists a wide variety of uses and built forms both adjacent to and surrounding the Site. The Site is at a prominent intersection which is identified in the APSP as a Key Corner Site and is in close proximity to a Secondary Entryway and the Aurora GO Train and Bus Station, as noted above. In addition, there are at least five (5) active development applications in the neighbourhood as of January 14, 2021 as shown on the Town's Application Status Map, supporting a variety of development forms including multi-storey offices, multi-storey commercial plaza, mixed use condominium buildings, stacked townhouses and single detached lots.
THE APPLICATIONS
11The Tribunal heard that Pre-submission meetings between the Appellant, MSH, and Town staff took place on May 19, 2015, May 27, 2015 and November 24, 2016. The Appellant provided numerous reports and studies in support of the initial Applications.
12The Tribunal heard the Appellant applied to the Town for an amendment to the Town's Official Plan (OPA 2015-05) and for an amendment to Zoning By-law No. 2213-78 (the By-law in effect at the time) (ZBA-2015-15) on November 2, 2015, and for Site Plan approval (SP-2016-10) on December 23, 2016 (collectively, the "Applications"), to permit the development of a ten (10) storey, condominium apartment building, comprised of two (2) towers with a common two (2) storey podium and a total of 296 units.
13The Site is designated "Promenade General" in the APSP, which permits the proposed use. Development within this designation is limited to a maximum five (5) storey height limit with an opportunity for additional height (up to 6 storeys) subject to bonusing provisions contained within the Town's Official Plan.
14The Tribunal was informed that given the request to increase the height to ten (10) storeys, an amendment to the Official Plan was required. All other provisions of the Official Plan and Secondary Plan were complied with. The Applicant sought a ZBLA to amend the 'General Employment (E2) Zone' to 'Third Density Apartment Residential (RA3-xx) Exception Zone', adjusted for height consistent with the OPA application; and, site specific provisions. The zoning category was subsequently changed to 'Second Density Apartment Residential (RA2-xx) Exception Zone, to be consistent with the Town's new Zoning By-law No. 6000- 17 zone categories.
15Preliminary Staff Report PDS16-004, dated January 27, 2016 provided Council with a status report regarding the applications and recommended the scheduling of a statutory public meeting.
16The Tribunal was informed that a statutory public meeting was held on June 29, 2016, at which time a revised application for an eight (8) storey building was presented to Council in Staff Report PDS16-055. The comments received were primarily favourable. The main public comments raised were in respect of height, setbacks, building design, traffic/intersection issues, and potential for affordable housing component.
17The Tribunal heard that staff recommended to Council, in Staff Report No. PDS18-099 dated September 11, 2018 (the "Staff Report"), that the Applications be approved. Staff concluded that the proposed applications are considered to be in keeping with the Town's development standards.
18Town Council deferred the matter.
19On September 11, 2019, the Appellant appealed, to the Local Planning Appeal Tribunal (the "Tribunal"), the Town's failure to make a decision in respect of the original Applications (the "Appeals").
20The Tribunal having been provided the Participant Statement of Ian Powell, note their objection to the Proposal. Issues raised by the Participant generally focus on the Proposal’s magnitude (height and size), shadowing and traffic congestion.
SETTLEMENT HEARING
21The Tribunal was informed that the Appellant and Town entered into Minutes of Settlement to resolve the Appeals.
22The Settlement addresses the following applications:
An Official Plan Amendment to increase the maximum height to eight storeys as set out in the Draft Official Plan Amendment
A Zoning By-law Amendment to amend the 'General Employment (E2) Zone' to 'Second Density Apartment Residential (RA2-xx) Exception Zone', including the Exception Zone parameters, as set out in the Draft Zoning By law Amendment
Site plan drawings to permit the construction of one Building comprised of two 8-Storey towers joined by a common podium and lobby area with a total of 223 units
The parties agreed to adopt the definitions of Building, Average Finished Grade, Storey, First Storey, and Structure, as the terms were defined in the Town's Zoning By-law 6000-17 as of the date of the Minutes of Settlement. In exchange for the additional height, the Appellant must provide 14 affordable rental units (8 one-bedroom units, and 6 two-bedroom units) for 15 years, secured by a Section 37 Agreement
PLANNING OPINION
23The Tribunal heard the uncontested professional planning evidence and opinion of Angela Sciberras.
24Ms. Sciberras opined and concluded that the Proposal including the OPA and ZBLA sought;
- Satisfied all the Provincial Interests in s. 2 of the Act, which includes s. 2(h) of the orderly development of safe and healthy communities; s. 2(h.1) the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies and s.2(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians;
Provincial Policy Statement, 2020 ("PPS")
- Are consistent with the PPS including Policy 1.1.3.4 requiring promotion of appropriate development standards to facilitate intensification, redevelopment and compact form; Policy 1.4.3, "provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs"
A Place to Grow: The Growth Plan for the Greater Golden Horseshoe (2020) ("GP")
- Conform to the GP, including Policy 2.2.1.2 c), that, “within settlement areas, growth will be focused in delineated built-up areas, strategic growth areas, locations with existing or planned transit, with a priority on higher order transit where it exists or is planned, areas with existing or planned public service facilities”; Policy 2.2.1.4, that “supporting the achievement of complete communities that, among other things, feature a diverse mix of land uses, with convenient access to local stores, services, and public service facilities, provide a diverse range and mix of housing options, including additional residential units and affordable housing” and in particular Policy 2.2.6.1 a) and e) require “municipalities to support housing choice through the achievement of minimum intensification and density targets, which can be achieved by: identifying a diverse range and mix of housing options and densities, including affordable housing, and by implementing the policies of 2.2.6.1 through official plan policies, designations, and zoning by-laws”.
The York Region Official Plan (2010) ("Region's OP")
- Conform to the Region’s OP, including and of particular importance policies within Section 5.3 – Intensification, whereby the Region directs municipalities to identify areas suitable for intensification within the built-up areas. These areas are to support and encourage high levels of transit, walkability and general easy access for daily activities and interests. Emphasis is placed on well-designed development and community elements.
The Town of Aurora Official Plan (2010) ("Town OP")
- Conform to the Town OP, including Sections, 2.1 identifying the Town's fundamental principles in developing the Town into a healthy, strong and complete community, providing for a range of opportunities to live, work and play. One of the fundamental principles is promoting responsible growth management by directing projected population growth to appropriate locations. This will be achieved by developing policies which promote higher density forms of development and intensification in appropriate areas. (2.1 a) i.)
The Aurora Promenade Secondary Plan (APSP)
- Conform to the APSP. The sections and policies of the APSP primarily intended to protect, revitalize and rejuvenate the heritage area of Downtown at Yonge Street and Wellington, and to redevelop and intensify underutilized sites or brownfield sites along the Wellington corridor to create a more pedestrian-friendly, and vibrant community. Within the APSP, Section 11.6.1 sets out land use policies, including a wide range and mix of permitted uses. The apartment building towers contemplated by the Proposal are permitted uses and thus conform to the Town’s APSP.
The Aurora Promenade Concept Plan - Urban Design Strategy (UDS)
- Conform to the UDS and particularly Section 3.2.3 which sets out key land uses and built form objectives. The Proposal satisfies all other recommended performance standards.
Aurora GO Station Focus Area (AGSFA)
The AGSFA is one of five focus areas identified in the UDS intended to seize the opportunity of intensifying mixed use development near the GO Station.
It recognizes the transit connections to Downtown Toronto and the Regional Centres of Richmond Hill and Newmarket, and that the increased density in the area attracts people and pedestrian traffic, creating a more vibrant area.
The Proposal meets the design guidelines and reflects the vision of the Urban Design Strategy.
DECISION
25In adjudicating these appeals, the Tribunal must have regard to matters of provincial interest enumerated in s. 2 of the Act (including but not limited to: the orderly development of safe and healthy communities; adequate provision of a full range of housing and appropriate location of growth and development). As well, the Tribunal must be convinced that the Proposal is consistent with the Provincial Policy Statement, 2020 (the “PPS”). The Tribunal must also find that the Proposal conforms with policies of the OP, both of the Town and the Region, and represents good land-use planning in the public interest.
26The Tribunal, having reviewed all evidence provided and having heard the opinion of Ms. Sciberras, accepts the uncontroverted expert land-use planning evidence provided by the witness. The Tribunal finds that the proposed planning instruments, as it will permit the development have appropriate regard for the matters of Provincial Interest. The Tribunal also finds that the OPA and ZBLA are consistent with the PPS, conform to the GP, conform to both the Region and the Town’s OPs, and represent good land-use planning, in the public interest.
ORDER
27THE TRIBUNAL ORDERS that the appeals are allowed in part, and:
THE TRIBUNAL ORDERS that the appeal is allowed, and the Official Plan for the Town of Aurora is amended as follows in the form attached hereto as Attachment 1;
THE TRIBUNAL ORDERS that the proposed zoning by-law amendment is approved, and By-law Number No. 6000- 17 as amended, is hereby further amended, in the form attached hereto as Attachment 2;
THE TRIBUNAL ORDERS the approval in principle of the site plan drawings contained herein subject to the site plan conditions attached hereto as Attachment 3, but withholds its Final Order granting site plan approval; and
THE TRIBUNAL ORDERS that a Final Order granting site plan approval, subject to the conditions at Attachment 3, after receiving written confirmation from the parties that a site plan agreement has been registered on title to the property municipally known as 180, 190 and 220 Wellington Street East, Aurora, pursuant to subsection 41(10) of the Planning Act.
28So orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.