OMB Appeals to Official Plan and Zoning By-law: 19267 Centre Street, Mount Albert Public Meeting February 22, 2017
19267 Centre Street, Mount Albert
Mount Albert Community Plan (OPA 72) • Approval: Ministry of Municipal Affairs and Housing, 1994 • Subject Property: – Village Core – Open Space – Environmental Protection Area
Mount Albert Community Plan (OPA 72) • Village Core – Permitted uses: • • • Retail stores Restaurants Residential • • Personal service Institutional uses dwellings • • shops Parks Residential units/ • • Medical clinics Industrial uses, apartments within • Professional limited to local commercial offices craft activities buildings • Environmental Protection Area – “…Where lands lie within the Environmental Protection Area (EPA) and development is proposed, the Municipality shall require an environmental evaluation which identifies the impact the development will have or is expected to have on the environmental features, functions or attributes and which shall provide details of any mitigative measures which ensure the EPA will not be adversely affected and that any future use of the lands is protected from any potential impacts associated with flooding, erosion, steep slopes or other physical hazards.”
Consolidated Official Plan (2010) • Subject Property: – Village Core – Parks & Open Space – Environmental Protection Area • Natural Heritage System: – Core Area • Special Provisions & Exceptions – Policy 9.4.16
Consolidated Official Plan (2010) • Village Core – Permitted uses: • • • Retail stores Restaurants Mixed uses • • • Personal Institutional Residential service shops uses dwellings • • • Medical clinics Parks Residential units/ • • Business & Industrial uses, apartments within professional limited to local commercial offices craft activities buildings • Policy 9.4.16 – The development of the land subject to this policy for Village Core Area uses shall only be considered following the completion of a Natural Heritage Evaluation to the satisfaction of the Town and the Lake Simcoe Region Conservation Authority. The Natural Heritage Evaluation shall identify the scale and extent of natural heritage features on the site, define development limits and identify replacement, restoration and enhancement measure, as necessary.
2010 Timeline Official Plan adopted by Council, sent to York Region for approval Jun 2010 2011 Official Plan appealed to the OMB (Case No. PL110659) for lack of municipal decision Jun 2011 2012 On-going Without Prejudice Discussions Official Plan appealed by 1422754 Ontario Ltd. (Averton) 2013 Jan 2013 2014 Report to Council (Closed Session) on proposed Minutes of Settlement Zoning By-law Amendment & Site Plan Sept 2014 Applications submitted to Town 2015 Dec 2014 Zoning By-law Amendment appealed by 1422754 Ontario Ltd. (Averton) for lack of municipal decision Jul 2015 Report to Council (Closed Session) 2016 on revised Minutes of Settlement Apr 2016 Minutes of Settlement Executed Aug 2016 Today 2017 Oct 2016 submitted to Town Revised Site Plan Application Jan 2017 Settlement Hearing Planning Law regarding OMB properties from Horosko Letter sent to surrounding Feb 2017 summary of appeal process Memo to Council on Feb 2017 Meeting Non-Statutory Public Mar 2017 *Note: Potentially adjourned OMB Settlement Hearing *Note: Anticipated April; Conference OMB Pre-hearing date TBD
Principles of Minutes of Settlement • Mixed-use building – To be developed as first phase – Cannot redesignate/rezone commercial • Community Benefits compensation to Town • Exchange of lands along southern property boundary • Development subject to Lake Simcoe Region Conservation Authority’s agreement & compensation • 64 units of water/wastewater allocation available at this time – Units must be applied to mixed-use building first • Site Plan application subject to public input
Next Steps • Adjournment of March 16, 2017 OMB Hearing • Scheduling of pre-hearing meeting (TBD) – Identification of parties/participants – Identification of issues – Scheduling of hearing (TBD) • Future public process on appeals will be led by OMB • Future processing of Site Plan application – Non-statutory public meeting to be scheduled • Continued discussions with LSRCA – LSRCA compensation & development permit
Ontario Municipal Board (OMB) • Independent tribunal • Conducts hearings • Makes decisions • Evidence: – Provincial legislation, plans & policy statements – Municipal planning documents – Environmental, social & economic issues – Best interests of a community
OMB Roles Party Participant General Public Attend hearings X X X Attend mediation X Exchange documents X Present evidence X X Question witnesses X Make submissions X • Party status must be granted by the Board • Must attend the 1 st hearing to request that the Board grant Party or Participant status
OMB Process/Meetings • Only includes parties to an appeal Mediation • If agreement is not reached, OMB will schedule a hearing • Identify issues, parties and participants • Organize complicated matters Pre-Hearings • Decide what documents should be exchanged • Determine procedures before and during the hearing • Formal sessions conducted by the OMB Hearings • May involve lawyers, witnesses and presentations • Can be scheduled for a few hours, or up to a few months
OMB’s Citizen Liaison Office • Assist public in participating at the OMB – OMB rules, policies, practices & procedures – Not a replacement for legal counsel or professional planning advice • CLO can host a separate meeting/call for residents – Blue “sign - up” sheets (outside Council Chambers)
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