Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 14, 2023

CASE NO(S).: OLT-22-004060 OLT-22-004061 OLT-22-004809

PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: 200 Wellington Corp. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: to permit a 27-unit townhouse development Reference Number: OPA-2021-06 Property Address: 200 Wellington Street W Municipality/UT: Aurora/York OLT Case No: OLT-22-004060 OLT Lead Case No: OLT-22-004060 OLT Case Name: 200 Wellington Corp. v. Regional Municipality of York

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: to permit a 27-unit townhouse development Reference Number: ZBA-2021-08 Property Address: 200 Wellington Street W Municipality/UT: Aurora/York OLT Case No: OLT-22-004061 OLT Lead Case No: OLT-22-004060

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Subject: Site Plan Description: To permit a 27 unit townhouse development Reference Number: SP-2022-06 Property Address: 200 Wellington Street W Municipality/UT: Aurora/York OLT Case No.: OLT-22-004809 OLT Lead Case No.: OLT-22-004060

Heard: March 14, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel
200 Wellington Holding Corp.	Amber Stewart
Town of Aurora	Kacie Layton
York Region	Samantha Whalen

MEMORANDUM OF ORAL DECISION DELIVERED BY g.a. Croser AND sharyn vincent ON march 14, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This settlement hearing decision arose from the failure of the Town of Aurora (“Town”) to make a decision on applications submitted by 200 Wellington Corp. (“Appellant”) for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBLA”), and Site Plan Approval (“SPA”) to facilitate development on the lands known municipally as 200 Wellington Street West (the “Subject Lands”).

2The Subject Lands are a vacant lot with an existing tree lined driveway from Wellington Street West (“WSW”). A tributary of Tannery Creek intersects the southern boundary of the Subject Lands, parallel to WSW. The proposal is to redevelop the site with 27 townhouse units in five blocks with access via a private driveway and private road accessible via WSW.

3The Subject Lands are currently designated as ‘Suburban Residential’ in the Town Official Plan “Town OP” and are zoned Detached First Density Residential (R-1) in the Town’s Zoning By-law 6000-17. The site has access to full municipal water and sanitary services.

4The Subject Lands are designated “Urban Area” on Map 1 of the York Region Official Plan “YROP”. The Region of York is the upper tier municipality and YROP policies require that development be directed to urban areas and intensification with the Urban Area will accommodate a significant portion of the planned growth in the Region. The Subject Lands are also located within a two-to-five-year Wellhead Protection Area and within an Area of High Aquifer Vulnerability.

ISSUES

5The issue faced by the Parties related to whether the Subject Lands could be developed in such a manner as to protect the environmentally sensitive lands along the site’s boundary with WSW.

EVIDENCE AND SUBMISSIONS

6At the onset of the hearing, Counsel for the Appellant noted that while an agreement had been reached with the Town and Region with respect to the OPA and the ZBA, a consensus had not yet been reached on the SPA. It was requested that the Tribunal acknowledge and approve the settlement in principle for the OPA and ZBA, which would then be held in abeyance until an agreement was reached on the SPA.

7The Appellant filed an affidavit affirmed by the Appellant’s planner Nick Pileggi March 13, 2023, in support of the proposed settlement. Mr. Pileggi also provided oral testimony at the settlement hearing. The Tribunal qualified him to provide opinion evidence in the area of land use planning.

8Mr. Pileggi opined that the proposed OPA and ZBLA are consistent with the PPS. He said the proposed instruments promote an efficient development which provides an appropriate range and mix of housing types to meet market-based housing needs. The proposal was an example of intensification and compact development within an existing settlement area.

9Mr. Pileggi then addressed the Growth Plan; he stated that the application was an example of intensification in an appropriate location. He noted that the development was in an urban area well serviced by transit and existing infrastructure. He opined that the application supported the land use goals of the Growth Plan and conformed with the policies contained therein.

10The Subject Lands are located within the Oak Ridges Moraine, and as a result, the policies of the Oak Ridges Moraine Conservation Plan “ORMCP” are applicable. Mr. Pileggi noted that the Subject Lands are within the ‘Settlement Area’ of the ORMCP, which allows urban uses and development. Mr. Pileggi pointed out that the purpose of the ‘Settlement Area’ is to focus and contain urban growth by encouraging the development of communities that provide residents with transportation options and a full range of housing through intensification and redevelopment within existing urban areas.

11Mr. Pileggi stated that development within the ‘Settlement Area’ of the ORMCP must minimize the encroachment and impact of development on the ecological and hydrological features of the ORMCP area.

12Mr. Pileggi went on to explain that a Natural Heritage Evaluation (“NHE”) was prepared on the Subject lands. The NHE demonstrated that, amongst others:

a) There will be no development within the key natural heritage feature and key hydrologic feature on the Subject Lands;

b) The proposed development will not have adverse impacts to the form or function of the watercourse;

c) There is no impact to these features, except the relocation of the driveway and associated culvert crossing;

13The minimum Vegetation Protection Zone (“VPZ”) for the watercourse was determined in consultation with the Lake Simcoe Region Conservation Authority (“LSRCA”).

14Mr. Pileggi opined that the proposal conformed with the ORMCP, in that: the proposed use is permitted within a Settlement Area and will facilitate a more compact use of land through transit-supportive intensification. He further opined that the VPZ will maintain, improve, or restore the health, diversity, size and connectivity of the Subject Lands key natural heritage features, key hydrologic features, and the related ecological functions as set out in the ORMCP.

15Mr. Pileggi opined that the proposed OPA conforms with the YROP. He opined that in accordance with Chapter 5 of the YROP, the proposed development meets the requirements of accessibility and compatibility with and transition to surrounding land uses.

16With respect to the Town OP, Mr. Pileggi explained that the Subject Lands were designated Suburban Residential which only permits detached dwellings. Mr. Pileggi pointed out that the Town’s OP had not yet been brought into conformity with the new Provincial policies and the YROP. He opined that the proposed development is well suited for intensification in that it is located on an arterial roadway, near transit routes, commercial uses, schools, and will supply a relatively new housing type to the immediate area.

17As such, the subject application, in Mr. Pileggi’s expert view, was consistent with and conformed to the intent and objectives of the YROP, and was generally consistent with the intent and objectives of the Town OP. He also noted that the development would assist both the Town and Region in meeting goals and objectives regarding intensification targets and would make more efficient use of existing and planned infrastructure.

18The Subject Lands are presently zoned Detached First Density Residential by the Town’s Zoning By-law 6000-17, which includes the tributary that runs parallel with WSW. Mr. Pileggi stated that the proposed ZBLA will rezone the Subject Lands to R8-E- Townhouse Dwelling Residential and EP – Environmental Protection. He opined that this would facilitate site-specific development as well as the long-term protection of the site’s natural heritage features.

19Mr. Pileggi opined that the proposed development has regard to the applicable matters of provincial interest set out in s. 2 of the Planning Act, including those related to the orderly development of safe and healthy communities, the provision of a full range of housing, the appropriate location for growth and development, and the promotion of well-designed built form.

FINDINGS

20Based on Mr. Pileggi’s opinion evidence, the Tribunal finds that there will be no built form development within the Subject Land’s natural heritage feature and no adverse impact to the form or function of the waterway. The relocation of the driveway and culvert will not have a negative impact on the form or function of the Tributary of the Tannery Creek. The ZBLA draft instrument identifies and proposes to zone the front portion of the Subject Lands adjacent to WSW as Environmental Protection for the VPZ, protecting this area in perpetuity.

21The Tribunal finds that the proposed OPA and ZBLA are consistent with the PPS and conform with the Growth Plan, ORMCP, YROP, Town OP and that the ZBLA is appropriate to implement the Municipal, Region and Provincial policy directions.

22The Tribunal has had regard to the applicable policies and guidelines and the matters of provincial interest in s. 2 of the Planning Act as well as the information and materials that Town Council received in relation to the matter. The Tribunal finds that the proposed OPA and ZBLA constitute good planning.

INTERIM ORDER

23The Tribunal hereby allows the appeal in part and approves the draft Official Plan and Zoning By-law Amendments in principle, appended hereto as Attachments 1 and 2 respectively. The Tribunal will withhold the Final Order until advised by the Parties that an agreement has been reached on the SPA, and that the OPA and ZBLA are in final form.

“G.A. Croser”

G.A. CROSER MEMBER

“Sharyn Vincent”

SHARYN VINCENT VICE-CHAIR

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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

ATTACHMENT 2