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OMB Appeals to Official Plan and Zoning By-law: 19267 Centre Street, Mount Albert
Public Meeting February 22, 2017
OMB Appeals to Official Plan and Zoning By-law: 19267 Centre - - PowerPoint PPT Presentation
OMB Appeals to Official Plan and Zoning By-law: 19267 Centre - - PowerPoint PPT Presentation
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,
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- Approval: Ministry of Municipal Affairs and Housing, 1994
- Subject Property:
– Village Core – Open Space – Environmental Protection Area
Mount Albert Community Plan (OPA 72)
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- Village Core
– Permitted uses:
- 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.”
Mount Albert Community Plan (OPA 72)
- Retail stores
- Personal service
shops
- Medical clinics
- Professional
- ffices
- Restaurants
- Institutional uses
- Parks
- Industrial uses,
limited to local craft activities
- Residential
dwellings
- Residential units/
apartments within commercial buildings
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- 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)
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- Village Core
– Permitted uses:
- 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.
Consolidated Official Plan (2010)
- Retail stores
- Personal
service shops
- Medical clinics
- Business &
professional
- ffices
- Restaurants
- Institutional
uses
- Parks
- Industrial uses,
limited to local craft activities
- Mixed uses
- Residential
dwellings
- Residential units/
apartments within commercial buildings
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Timeline
Today 2010 2011 2012 2013 2014 2015 2016 2017
Official Plan adopted by Council, sent to York Region for approval
Jun 2010
Official Plan appealed to the OMB (Case No. PL110659) for lack of municipal decision
Jun 2011
Official Plan appealed by 1422754 Ontario Ltd. (Averton)
Jan 2013
Report to Council (Closed Session) on proposed Minutes of Settlement
Sept 2014
Zoning By-law Amendment & Site Plan Applications submitted to Town
Dec 2014
Zoning By-law Amendment appealed by 1422754 Ontario Ltd. (Averton) for lack of municipal decision
Jul 2015
Report to Council (Closed Session)
- n revised Minutes of Settlement
Apr 2016
Minutes of Settlement Executed
Aug 2016
Revised Site Plan Application submitted to Town
Oct 2016
Letter sent to surrounding properties from Horosko Planning Law regarding OMB Settlement Hearing
Jan 2017
Memo to Council on summary of appeal process
Feb 2017
Non-Statutory Public Meeting
Feb 2017
OMB Settlement Hearing
*Note: Potentially adjourned Mar 2017
OMB Pre-hearing Conference
*Note: Anticipated April; date TBD
On-going Without Prejudice Discussions
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- 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
Principles of Minutes of Settlement
- 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
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- 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
Next Steps
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- Independent tribunal
- Conducts hearings
- Makes decisions
- Evidence:
– Provincial legislation, plans & policy statements – Municipal planning documents – Environmental, social & economic issues – Best interests of a community
Ontario Municipal Board (OMB)
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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
OMB Roles
- Party status must be granted by the Board
- Must attend the 1st hearing to request that the Board
grant Party or Participant status
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- Only includes parties to an appeal
- If agreement is not reached, OMB will schedule a hearing
Mediation
- Identify issues, parties and participants
- Organize complicated matters
- Decide what documents should be exchanged
- Determine procedures before and during the hearing
Pre-Hearings
- Formal sessions conducted by the OMB
- May involve lawyers, witnesses and presentations
- Can be scheduled for a few hours, or up to a few months
Hearings
OMB Process/Meetings
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- 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