Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 01, 2023
CASE NO(S).: OLT-22-002950
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: L & B Aurora Inc.
Subject: Application to amend the Zoning By-law – Refusal to approve the application
Description: To permit the development of a 6-storey apartment building containing 150 residential units
Reference Number: ZBA-2019-01
Property Address: Northeast corner of John West Way and Wellington Street East (unaddressed)
Municipality/UT: Town of Aurora
OLT Case No.: OLT-22-002950
OLT Lead Case No.: OLT-22-002950
OLT Case Name: L & B Aurora Inc. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: L & B Aurora Inc.
Subject: Site Plan
Description: To permit the development of a 6-storey apartment building containing 150 residential units
Reference Number: SP-2020-05
Property Address: Northeast corner of John West Way and Wellington Street East (unaddressed)
Municipality/UT: Town of Aurora
OLT Case No.: OLT-22-002951
OLT Lead Case No.: OLT-22-002950
Heard: February 17, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| L & B Aurora Inc. | Andrew Jeanrie and Stephanie Brazzell |
| Town of Aurora | Denise Baker |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON FEBRUARY 17, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a first Case Management Conference (“CMC”) in relation to appeals by L& B Aurora Inc. (“Appellant”) against the Town of Aurora’s (“Town”) refusal of an application for a Zoning By-law Amendment (“ZBA”) and failure to make a decision on a site plan application in relation to the property located at the Northeast corner of John West Way and Wellington Street East (“the subject property”).
2The Appellant proposes to develop the subject property with a six (6)-storey apartment building containing 150 residential units with an approximate gross floor area of 15,460 square metres (“sq m”). A total of 182 parking spaces are proposed to be located at the rear of the property in a one-storey underground parking garage at the basement level.
3The Tribunal received the Affidavit of Service dated January 10, 2023, confirming that Notice of this CMC was properly given, which has been marked as Exhibit 1. In response to the Notice, no Requests for Party or Participant Status were received and no individuals appeared at the CMC seeking status. Accordingly, the Appeal will proceed with the involvement and participation of only the Appellant and the Town.
4The Tribunal canvassed the Parties with respect to opportunities for settlement, including the use of Tribunal-assisted mediation. The Parties advised that although they remain open to the possibility of settlement and may avail themselves of Tribunal-assisted mediation in the future, at this time they are not in a position to do so.
5In advance of the CMC, the Parties submitted a draft Procedural Order (“PO”) and a detailed Issues List which was reviewed and discussed. Based upon the issues and anticipated number of witnesses, the Parties requested the Tribunal schedule an eight (8)-day hearing in the fall of 2023. Counsel for the Appellant undertook to revise the deliverable deadlines within the PO in accordance with the scheduled hearing dates. It was agreed that the revised PO would be submitted for the Tribunal’s review and approval no later than Thursday, March 2, 2023.
6An eight (8)-day video hearing will commence on Monday, October 23, 2023 at 10 a.m. Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
7Parties 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.
8Persons 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: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The access code is 914-098-901 .
9Individuals 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.
10The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
11There will be no further notice and this Member is not seized but may be available for case management, should scheduling permit.
12It is so ordered.
“S. Braun”
S. Braun
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.