Medal Homes Inc. v. Aurora (Town), 2025 CanLII 18366

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 27, 2025

CASE NO.: OLT-24-000252

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

Applicant and Appellant: Medal Homes Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit development of 45 three-storey freehold residential units on 6 blocks

Reference Number: OPA-2023-04

Property Address: 65 St. John’s Sideroad E

Municipality/UT: Aurora

OLT Case No.: OLT-24-000252

OLT Lead Case No.: OLT-24-000252

OLT Case Name: Medal Homes 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: Medal Homes Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit development of 45 three-storey freehold residential units on 6 blocks

Reference Number: ZBA-2023-04

Property Address: 65 St. John’s Sideroad E

Municipality/UT: Aurora

OLT Case No.: OLT-24-000253

OLT Lead Case No.: OLT-24-000252

OLT Case Name:

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

Applicant and Appellant: Medal Homes Inc.

Subject: Site Plan

Description: To permit development of 45 three-storey freehold residential units on 6 blocks

Reference Number: SP-2023-13

Property Address: 65 St. John’s Sideroad E

Municipality/UT: Aurora

OLT Case No.: OLT-24-000254

OLT Lead Case No.: OLT-24-000252

OLT Case Name:

BEFORE:

T.F NG MEMBER Wednesday, the 19th day of February, 2025

THESE MATTERS having come on for a public Settlement Hearing on August 20, 2024 and the Ontario Land Tribunal (the “Tribunal”) having heard opinion evidence in the area of land use planning that the appeals by Medal Homes Inc (the “Appellant”) under subsections 22(7), 34(11) and 41(12) should be allowed and that the planning instruments attached as Schedules A and B for the proposed development of the lands known municipally as 65 St. John’s Sideroad Aurora be approved.

THE TRIBUNAL HEREBY ORDERS that:

1. The Appeal of the Zoning By-law Amendment (OLT-24-000253) is allowed and the Zoning By-law, attached as Schedule “A” is hereby approved.

2. The appeal of the Site Plan, (OLT-24-000254) is allowed and the final draft site plan, with appropriate conditions, attached hereto as schedule “B” is hereby approved.

3. In the event that there are any difficulties implementing any of the conditions of approval, or if any changes are required to be made the Tribunal may be spoken to.

“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 “A”

Attachment “B”

SCHEDULE “C”

CONDITIONS OF APPROVAL

SITE PLAN APPLICATION (SP-2023-13)

Mehrdad Goharchi

65 St. John’s Sideroad East, Aurora, legally described as Part Lot 85, Con. 1 Whitchurch, Part 1, Plan 65R-1582, PIN 03641-1068 (the “Lands”)

SITE PLAN APPROVAL AND THE FOLLOWING CONDITIONS LAPSE ON _____________, BEING THE EXPIRATION OF THREE (3) YEARS FROM THE DATE THAT THE APPLICATION HAS BEEN APPROVED BY THE TOWN . PROVIDED THAT SITE PLAN APPROVAL HAS NOT LAPSED, THE TOWN MAY, AT ITS SOLE DISCRETION, EXTEND THE APPROVAL.

THE CONDITIONS OF THE TOWN OF AURORA THAT SHALL BE SATISFIED BY THE OWNER OF THE LANDS (THE “OWNER”), ARE AS FOLLOWS:

Planning Division Conditions

1. The final Site Plan prepared by TACT Architecture Inc. dated November 26, 2024 with respect to the construction of thirty (30) townhouse units on the Lands and associated conditions of Site Plan approval shall be amended to the satisfaction of the Planning Division if revisions are required to implement or integrate any recommendations resulting from studies required as a condition of Site Plan approval. Further, minor redline revisions to the Site Plan may also be required to ensure property alignment with existing or proposed lots, blocks, streets, and/or facilities on lands adjacent to the Site Plan.

2. The Owner shall submit any and all plans, reports and cost estimates to satisfy the Town’s technical comments and financial requirements to the satisfaction of the Planning Division.

3. The Owner shall submit a Draft Plan of Common Elements Condominium Application to address the common elements with respect to the development.

4. The Owner shall submit a Plan of Subdivision Application and a Part Lot Control Exemption Application to create the POTLs on the Plan of Subdivision with respect to the development.

5. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the studies prepared in support of the development, including but not limited to the recommendations of the Green Development Report, Functional Servicing Report, Stormwater Management Report, Environmental Site Assessment, Transportation Study, Hydrogeological Report, Geotechnical Report, Tree Inventory and Preservation Plan, Noise Report and any other studies as applicable.

6. Prior to final approval the provisions of the Endangered Species Act shall be addressed to the satisfaction of the Ministry of the Environment, Conservation and Parks (MECP).

7. The Owner shall enter into and execute agreement(s) with The Corporation of the Town of Aurora agreeing to satisfy all conditions, legal, financial (including fees and securities) and otherwise of the Town (collectively the “Development Agreement”).

Engineering Division Conditions

8. Prior to the execution of the Development Agreement, the Owner shall address all comments and technical matters and provide final Engineering Plans, reports, updated Cost Estimates, securities and fees relating to the proposed development to the satisfaction of the Town, including but not limited to updated cost estimates for Engineering works, bulk water fees, the preparation of a construction management plan, functional servicing report, stormwater management plan, salt water management plan, noise and vibration report, hydrogeological monitoring, Environmental Site Assessment, and utility plans. A clause shall be added to the Development Agreement stating that the Owner shall to carry out or cause to be carried out the recommendations of such reports as required.

9. Prior to execution of the Development Agreement, the Owner shall submit a site service drawing illustrating a meter chamber for a fire rated water meter and private hydrant for this development.

10. A clause be added to the Development Agreement stating that no Securities shall be released until the Engineering Division has completed inspections to ensure benching and water connections have been completed to the satisfaction of the Town’s Engineering Division.

11. A clause shall be added to the Development Agreement stating that the Owner shall comply with the Town’s Backflow Prevention By-law to the satisfaction of the Town’s Operations Division.

12. Prior to execution of the Development Agreement, the Owner shall address all comments and technical matters and provide final reports and plans relating to the proposed development to the satisfaction of the Engineering Division, including but not limited to a detailed Traffic Management Plan and Swept Path Analysis. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of such reports.

Parks Division Conditions

13. Prior to execution of the Development Agreement, the Owner agrees to address all comments and provide final landscape drawings, Cost Estimates, fees and securities relating to the proposed development to the satisfaction of the Parks Division.

14. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the Landscape Plans and Tree Inventory and Preservation Plans to the satisfaction of the Parks Division, as required, with required compensations for tree values also to be accounted for to the satisfaction of the Parks Division.

Legal Services Division Conditions

15. The Owner shall satisfy the Town’s requirements related to the drafting of the Development Agreement and registration of related documents against the title of the Lands at the sole expense of the Owner.

16. The Town shall transfer to the Owner the lands described as part of PCL 145-1 SEC 65M-2689, Block 145 on Plan 65M-2689, Town of Aurora, Regional Municipality of York, for a consideration of Two Dollars ($2.00) and the Owner shall transfer or cause to be transferred the lands to the Town described as part of Part Lot 85, Concession 1, Part 7 on Plan 65R-33504 Town of Aurora, Regional Municipality of York, for a consideration of Two Dollars ($2.00) as per the Minutes of Settlement between the Town and the owner dated August 15, 2024.

17. The Owner shall enter into any further agreement as may be required by the Town and to post such securities as may be necessary in order to give effect to the Site Plan prepared by TACT Architecture Inc. dated November 26, 2024, including but not limited to the provision if six (6) public parking spaces, the construction of a gazebo that will be accessible to the public generally in the location identified in the Site Plan, as well as the public trail identified in the Site Plan, all of which is to be constructed by the Appellant at its own costs and dedicated to the Town of Aurora.

Finance Department Conditions

18. The Owner shall pay to the Town any and all arrears of taxes, water rates, lawful rates and levies of the Town or charges owing to the Town in connection with the Lands.

Central York Fire Services Conditions

19. The Owner shall satisfy the conditions attached as Schedule “A.1” to the satisfaction of Central York Fire Services.

Lake Simcoe Region Conservation Authority Conditions

20. The Owner shall satisfy the conditions attached as Schedule “A.2” to the satisfaction of Lake Simcoe Region Conservation Authority.

Canada Post Conditions

21. The Owner shall satisfy the conditions attached as Schedule “A.3” to the satisfaction of Canada Post.

York Region Conditions

22. The Owner shall satisfy the conditions attached as Schedule “A.4” to the satisfaction of York Region.

Clearances

• The Town’s Planning Division shall advise that Conditions 1 to 7 have been satisfied, stating briefly how each condition has been met.
• The Town’s Engineering Division shall advise that Conditions 8 to 13 have been satisfied, stating briefly how each condition has been met.
• The Town’s Parks Division shall advise that Conditions 14 and 15 have been satisfied, stating briefly how each condition has been met.
• The Town’s Legal Services Division shall advise that Conditions 16 to 18 have been satisfied, stating briefly how each condition has been met.
• The Town’s Finance Department shall advise that Condition 19 has been satisfied, stating briefly how this condition has been met.
• Central York Fire Services shall advise that Condition 20 has been satisfied; the clearance letter shall include a brief statement detailing how this condition has been met.
• Lake Simcoe Region Conservation Authority shall advise that Condition 21 has been satisfied; the clearance letter shall include a brief statement detailing how this condition has been met.
• Canada Post shall advise that Condition 22 has been satisfied; the clearance letter shall include a brief statement detailing how this condition has been met.
• York Region shall advise that Condition 23 has been satisfied; the clearance letter shall include a brief statement detailing how this condition has been met.

Schedule “C.1”

CENTRAL YORK FIRE SERVICES CONDITIONS OF APPROVAL

1. Prior to the execution of the Development Agreement, the Owner shall address all comments and technical matters relating to the proposed development and confirm appropriate access for emergency vehicles for the subject site to the satisfaction of Central York Fire Services.

Schedule “C.2”

Lake Simcoe Region Conservation Authority Conditions of Approval

1. That prior to the execution of the site plan agreement, the following shall be prepared to the satisfaction of the LSRCA and Town of Aurora: a. A storm water management report b. A hydrogeological assessment c. A detailed erosion control plan d. A detailed grading plan e. A geotechnical report f. A floodplain analysis g. A detailed cut and fill plan h. An Environmental Impact Study/Natural Heritage Evaluation

2. That prior to the execution of the Site Plan Agreement, the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act.

3. That prior to the execution of a Site Plan Agreement, the following shall be undertaken to the satisfaction of the LSRCA, in accordance with the Lake Simcoe Protection Plan and the Lake Simcoe Phosphorus Offsetting Policy: a. Phosphorus budget b. Offsetting or compensatory measures if required

4. That prior to the execution of the Site Plan Agreement, the following shall be undertaken to the satisfaction of the LSRCA, in accordance with the Lake Simcoe Protection Plan and the South Georgian Bay Lake Simcoe Source Protection Plan: a. Water balance b. Offsetting or compensatory measures if required

5. That the owner shall agree in the Site Plan Agreement to carry out, or cause to be carried out, the recommendations and requirements contained within the plans and reports as approved by the LSRCA and the Town of Aurora.

6. That the owner shall agree in the Site Plan Agreement to retain a qualified professional to certify in writing that the works were constructed in accordance with the plans and reports as approved by the LSRCA and the Town of Aurora.

7. That the owner shall agree in the Site Plan Agreement to ensure that proper erosion and sediment control measures will be in place in accordance with the approved Grading and Drainage Plan, and Erosion and Sediment Control Plan prior to any site alteration or grading.

8. That the owner shall agree in the Site Plan Agreement to grant any easements required for storm water management purposes to the Town of Aurora.

9. That the Owner shall agree in the Site Plan Agreement to obtain a permit from the LSRCA under Ontario Regulation 41/24 for works in the regulated area.

10. That the owner shall agree in the Site Plan Agreement to maintain all existing vegetation up until a minimum of 30 days prior to any grading or construction on-site in accordance with 4.20b.-DP of the Lake Simcoe Protection Plan.

11. That the Owner shall agree in the Site Plan Agreement to indemnify and save harmless the Town and LSRCA from all costs, losses, damages, judgments, claims, demands, suits, actions, or complaints resulting from any increased flooding or erosion to property and people as a result of the approved storm water management scheme. The Owner shall obtain and maintain in full force and effect during the term of this Agreement general liability insurance with respect to the storm water management works and system.

Schedule “C.3”

Canada Post Conditions of Approval

1. The owner/developer will consult with Canada Post to determine suitable permanent locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans.

2. The Builder/Owner/Developer will confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads.

3. The owner/developer will install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post’s concrete pad specification drawings.

4. The owner/developer will agree to prepare and maintain an area of compacted gravel to Canada Post’s specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy.

5. The owner/developer will communicate to Canada Post (Melissa Campeau – Delivery Planning) the excavation date for the first foundation (or first phase) as well as the expected date of first occupancy a minimum of 1 year prior to occupancy.

6. The owner/developer agrees to include in all offers of purchase and sale a statement, which advises the prospective new home purchaser/tenants that mail delivery will be from a designated Community Mailbox, and to include the exact locations (list of lot #s) of each of these Community Mailbox locations; and further, advise any affected homeowners/tenants of any established easements granted to Canada Post.

Schedule “C.4”

York Region Conditions of Approval

1. That prior to execution of the Development Agreement(s), the Owner agrees to address all comments and technical matters and provide final Plans, reports and fees relating to the proposed development to the satisfaction of the Town and Region as required. The Owner shall be required to carry out all recommendations of such reports as required.