Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 08, 2022
CASE NO(S).: OLT-22-004187
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2697331 Ontario Inc.
Subject: Proposed Official Plan Amendment No.
Description: To permit the development of three (3) residential apartment buildings and twelve (12) townhouse blocks
Reference Number: OPA-2022-02
Property Address: 1289 Wellington Street East
Municipality/UT: Aurora/York
OLT Case No.: OLT-22-004187
OLT Lead Case No.: OLT-22-004187
OLT Case Name: 2697331 Ontario 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: 2697331 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of three (3) residential apartment buildings and twelve (12) townhouse blocks
Reference Number: ZBA-2022-02
Property Address: 1289 Wellington Street East
Municipality/UT: Aurora/York
OLT Case No.: OLT-22-004188
OLT Lead Case No.: OLT-22-004187
Heard: December 1, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Region of York (“York”) | S. Whalen |
| Town of Aurora (“Aurora”) | A. Biggart, P. De Sario |
| 2697331 Ontario Inc. (“Appellant”) | K. Sliwa, D. Betlej |
MEMORANDUM OF DECISION DELIVERED BY WILLIAM R. MIDDLETON ON DECMEBER 1, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Appellant brings this appeal as a result of the refusal by Aurora to grant the Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) sought by the Appellant in respect of its proposal to construct three (3) residential apartment buildings and twelve (12) townhouse blocks (“Development”) on the property municipally known as 1289 Wellington Street East in Aurora (“Site”).
2The first Case Management Conference (“CMC”) was held by videoconference on December 1, 2022.
3York sought to be granted Party status in this proceeding, as the upper tier municipality with planning approval. This was not opposed by the Appellant or Aurora, and the Tribunal granted Party status to York.
4There were no other requests for either Party or Participant status made at the CMC.
5For a variety of reasons, including the enactment of an Interim Control By-law by Aurora on November 22, 2022 (“ICBL”) that impacts the Site and the Development, the Parties sought a ten (10)-day hearing in 2024, rather than 2023. Aurora will conduct a one (1)-year ICBL study which will unlikely be completed much before the end of 2023. This study could well impact the view of Aurora concerning the Development and also the instructions that counsel for Aurora may receive in respect of this appeal. However, understandably, the Appellant wishes to advance this matter in an appropriate manner and all Parties are in agreement with this hearing request.
6The Tribunal has scheduled a ten (10)-day hearing to commence on Monday, February 26, 2024 and end on Friday, March 8, 2024.
7The Tribunal has also scheduled a second CMC which will be held on Monday, July 10, 2023.
8The hearings are scheduled to proceed by video as follows:
Monday, July 10, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/914098901 Access code: 914-098-901 Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 914-098-901
Monday, February 26, 2024 to Friday, March 8, 2024 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access code: 927-921-077 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 927-921-077
9Parties and participants re asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
10Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
13The Parties agree that one week prior to the second CMC scheduled for July 10, 2023, they will provide to the Tribunal a draft Procedural Order (“PO”) including an Issues List. They also agree that they will update the Tribunal at the second CMC as to the status of the ICBL study and will undertake to finalize the draft PO well prior to the end of 2023. All of these matters will be dealt with by the Tribunal at the second CMC.
14The Tribunal also reminded the Parties of the availability of the Ontario Land Tribunal’s mediation facilities in the event that the Parties wish to explore resolution of this proceeding through assisted mediation.
ORDER
15The Tribunal Orders that:
(a) Party status is granted to the Region of York;
(b) The Parties will provide an update to the Tribunal at the second Case Management Conference on the Interim Control By-law Study currently being conducted by the Town of Aurora relating to the proposed Development;
(c) The Parties will also, seven days prior to the second Case Management Conference, provide to the Tribunal a draft Procedural Order to govern this proceeding, to be finalized by no later than the end of 2023, as directed by the Tribunal at this Case Management Conference
“William R. Middleton”
WILLIAM R. MIDDLETON VICE-CHAIR
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.