Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 8, 2024
CASE NO.:
OLT-22-004377
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
120 Metcalfe JV
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To facilitate the redevelopment of the property with an 8-storey mixed-use building
Reference Number:
OPA-2021-01
Property Address:
120 Metcalfe Street, 101 & 103 Mosley Street
Municipality/UT:
Aurora/York
OLT Case No.:
OLT-22-004377
OLT Lead Case No.:
OLT-22-004377
OLT Case Name:
120 Metcalfe JV 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:
120 Metcalfe JV
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To facilitate the redevelopment of the property with an 8-storey mixed-use building
Reference Number:
ZBA-2021-01
Property Address:
120 Metcalfe Street, 101 & 103 Mosley Street
Municipality/UT:
Aurora/York
OLT Case No.:
OLT-22-004378
OLT Lead Case No.:
OLT-22-004377
BEFORE:
S. GOPIKRISHNA
Thursday, the 8th
MEMBER
day of August, 2024
THIS MATTER having come on for a public hearing on May 21, 2024;
AND THE TRIBUNAL having heard expert opinion evidence in the area of land use planning in support of a settlement among the parties;
AND THE TRIBUNAL being satisfied that the settlement has appropriate regard for matters of provincial interest, is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), as amended, conforms with the Region of York Official Plan, represents good planning, and is in the public interest;
THE TRIBUNAL ORDERS that
- The above-noted appeals pursuant to 22(7) and 34(11) of the Planning Act are allowed, in part;
- The Corporation of the Town of Aurora Official Plan (adopted by By-law No. 5285-10), as amended, is amended in the manner set out in Attachment “1” to this Order; and
- The Corporation of the Town of Aurora By-law No. 6000-17, as amended, is amended in the manner set out in Attachment “2” to this Order;
- The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to the by-laws referenced in Sections 2 and 3 of this Order for record keeping purposes.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
ATTACHMENT 1
ATTACHMENT 2