Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 08, 2024
CASE NO(S).: OLT-21-001950
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 2601622 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of the Town of Aurora to adopt the requested amendment
Existing Designation: “Promenade General – Special Design Area”
Proposed Designation: To implement a site-specific policy in the existing designation for the purpose on increasing the maximum building height from 5-storeys to 7-storeys and to reduce the size of the Urban Square from 215.35 square metres (2,318 square feet) (3% of the net developable site area) to 50 square metres (538.19 square feet)
Purpose: To permit the development of a 7-storey mixed-use residential building with 356 units
Property Address/Description: 26, 30, 32, 34-38 Berczy Street
Municipality: Town of Aurora
Town of Aurora File No.: OPA-2020-01
OLT Case No.: OLT-21-001950
OLT Lead Case No.: OLT-21-001950
OLT Case Name: 2601622 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: 2601622 Ontario Inc.
Subject: Application to amend Zoning By-law No. 6000-17, as amended – Neglect of application by the Town of Aurora
Existing Zoning: “E1 (10) Employment Zone”
Proposed Zoning: “PDS1 – Promenade Downtown Shoulder Exception Zone”
Purpose: To permit the development of a 7-storey mixed-use residential building with 356 units
Property Address/Description: 26, 30, 32, 34-38 Berczy Street
Municipality: Town of Aurora
Town of Aurora File No.: ZBA-2020-01
OLT Case No.: OLT-21-001951
OLT Lead Case No.: OLT-21-001950
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Appellant: 2601622 Ontario Inc.
Subject: Heritage by-law to designate subject property
Description: To designate the property as a property of cultural heritage value or interest
Reference Number: BL 6439-22
Property Address: 34 Berczy Street
Municipality/UT: Aurora/York
OLT Case No: OLT-22-004255
OLT Lead Case No: OLT-21-001950
Heard: September 11, 2024 by Telephone
APPEARANCES:
Parties Counsel
2601622 Ontario Inc. Naomi Mares Eileen Costello (in absentia)
Town of Aurora Chantal deSereville Denise Baker (in absentia)
DECISION DELIVERED BY G.A. CROSER AND ORDER OF THE TRIBUNAL
1This appeal was commenced by 2601622 Ontario Inc. with respect to a site-specific Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) to facilitate the redevelopment of the properties known municipally as 26, 30, 32, 34-38 Berczy Street. The Parties reached a settlement agreement which was heard and approved by the Tribunal on November 21, 2023.
2At the request of the Parties, the Tribunal issued an Interim Order approving the Settlement. The Final Order was to be withheld until the Tribunal received confirmation from the Town of Aurora (“Town”), that an updated Transportation Impact Study, and Functional Servicing Report had been received from the Applicant. After which, the final form of the OPA and ZBLA were to be submitted to the Tribunal. The Parties had indicated that the final form of the OPA and ZBLA would be forwarded to the Tribunal by May 31, 2024.
3The Tribunal convened the Telephone Conference Call for a progress update. The Parties informed the Tribunal that progress was being made and that documents had been submitted to the Town in late August 2024. The Town acknowledged receipt and informed the Tribunal that they had commenced its review of same. A three-month extension was requested by the Parties to provide sufficient runway for the Town to complete its review and provide comments, if needed.
4If the conditions and final form of the OPA and ZBLA are not submitted to the Tribunal by Friday, January 17, 2025, the Parties are directed to provide a written status update to the Tribunal by that date.
5The Member is seized.
“G.A.Croser”
G.A. CROSER 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.