Ontario Municipal Board Commission des affaires municipales de l Ontario

Transcription

1 Ontario Municipal Board Commission des affaires municipales de l Ontario ISSUE DATE: April 23, 2015 CASE NO(S).: PL PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Subject: Property Address/Description: Municipality: Municipal File No.: OMB Case No.: OMB File No.: Tom Vagenas Proposed Plan of Subdivision Yonge Street Town of Aurora D A PL PL Heard: April 14, 2015, in Aurora, Ontario APPEARANCES: Parties Pandolfo Family Tom Vagenas Town of Aurora Regional Municipality of York Counsel/*Representive Quinto Annibale Self-representive* Jennifer Meader G. Szobel DECISION OF THE BOARD DELIVERED BY R. ROSSI ON APRIL 13, 2015 AND ORDER OF THE BOARD [1] Tom Vagenas ( Appellant ) has appealed to the Ontario Municipal Board ( Board ) the draft plan of subdivision of the Pandolfo Family ( Applicants ) who seek permission to develop their property with single-detached dwellings and two Open

2 2 PL Space blocks. The lands are located just southwest of the intersection of Ridge Road and Yonge Street. A municipal road connection to Ridge Road is also proposed. The Town Council approved the draft plan of subdivision subject to conditions in September [2] At the commencement of the hearing, the Applicants, Appellant and the Town of Aurora ( Town ) presented Minutes of Settlement for the Board s consideration. The Applicant s planner, Gary Templeton, was qualified to provide his professional land use planning evidence and expert opinion in support of the development and the settlement. Mr. Templeton informed the Board that the Applicants undertook and completed comprehensive studies and preparatory work for their development proposal given the site s Settlement designation in the Oak Ridges Moraine Conservation Plan (ORMCP), implemented through Official Plan Amendment ( OPA ) No. 48, which permits all uses approved in OPA 34 and subject to specific Natural Heritage policies of OPA 48. Mr. Templeton opined that the proposed draft plan of subdivision complies with the requirements of both of the Town s OPAs. [3] A comprehensive description of the lands is found in Exhibit 3, Tab 3, pages Mr. Templeton offered his expert opinion after reviewing the Applicants proposal in the context of the relevant planning documents. He referenced the following instruments that were important to his capacity to support the development and the resulting Minutes of Settlement: the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the 2010 York Region Official Plan, the ORMCP as cited and the Yonge Street South Secondary Plan (OPA 34 as cited). Mr. Templeton offered his expert opinion that the proposed development conforms to or is consistent with (based on the respective upper-tier instruments directions) the aforementioned instruments. [4] OPA 6 is the site-specific amendment approved by Council in August 2014 to amend OPA 34 to re-designate portions of the Applicants lands as Cluster Residential, Environmental Protection Area and Environmental Function Area to permit the proposed Draft Plan of Subdivision.

3 3 PL [5] Zoning By-law Amendment No was also approved by Council at the same time to rezone the subject lands from Rural General Oak Ridges Moraine (RU- ORM) Zone to Detached Dwelling Second Density Residential (R2-101) Exception Zone, Detached Dwelling Second Density Residential (R2-102) Exception Zone, Detached Dwelling First Density Residential (R1-46) Exception Zone, Major Open Space (O) Zone and Oak Ridges Moraine Environmental Protection (EP-ORM) Zone to implement the proposed Draft Plan of Subdivision. This instrument was not appealed. The two Open Space blocks will provide naturally verdant settings along the Yonge Street Corridor. The EP-ORM designated lands to the west will be conveyed to the Town. [6] Mr. Templeton also reviewed the proposed Draft Plan of Subdivision in the context of s. 51(24) of the Planning Act ( Act ) and opined that all of the relevant criteria are met through this proposal. He concluded his presentation by opining that the proposed Draft Plan of Subdivision represents good planning and should be approved. [7] The remaining parties and notably the Appellant expressed their support for the opinions of the planner and the Minutes of Settlement and the proposed list of conditions. Based on the concurrence of all parties, the Board will support the development in the manner contemplated. ORDER [8] In accordance with the provisions of s. 51(56) of the Act, the appeals are allowed in part and draft plan of subdivision approval is granted in accordance with the application as shown on the draft plan of subdivision shown in the documents on file. The Board s approval is subject to the conditions set out in in the Minutes of Settlement on file, comprising the Draft Plan of Subdivision (labelled Attachment 1 to the Minutes) and all 163 Conditions of Approval (labelled Attachment 2 to the Minutes and also in Exhibit 3, Tab 6). All materials presented to the Board at this hearing are accessible on the Board s file.

4 4 PL [9] Lastly, pursuant to s. 51(56.1) and 51(58) of the Act, the Town shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision. R. Rossi R. ROSSI MEMBER If there is an attachment referred to in this document, please visit to view the attachment in PDF format. Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: Telephone: Toll Free:

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