0281 Ontario Municipal Board Commission des affaires municipales de l Ontario

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1 ISSUE DATE: Feb. 26, 2003 DECISION/ORDER NO: 0281 Ontario Municipal Board Commission des affaires municipales de l Ontario PL Eugene Iacobelli and Lillian Iacobelli have appealed to the Ontario Municipal Board under subsection 223.1(21) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, from Council s refusal or neglect to issue a fill permit respecting lands known municipally as 9500 Dufferin Street, in the City of Vaughan OMB File No: M (PL990200) Vince Scianella, Eugene Iacobelli, and The Block 12 Landowners have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law of the City of Vaughan OMB File No: R () APPEARANCES: Parties City of Vaughan Block 12 Landowners Group Counsel H. A. Wilson C. Barnett Eugene Iacobelli Vince Sciannella MEMORANDUM OF ORAL DECISION FROM A PREHEARING CONFERENCE HELD FEBRUARY 19, 2003 DELIVERED BY D. R. GRANGER AND PROCEDURAL ORDER OF THE BOARD This is the first prehearing conference regarding appeals by Vince Scianella, Eugene Iacobelli and the Block 12 Landowners Group (appellants) against By-law (subject By-law) enacted by the Council of the City of Vaughan (City) on November 26, 2001 to implement the protection of tableland woodlots within the urban villages of Vellore and Carrville.

2 - 2 - PL Also addressed at this prehearing is an appeal by Eugene Iacobelli against the City s failure to issue a fill permit for his lands at 9500 Dufferin Street. Counsel for the City submitted that the woodlots to be protected by the By-law are all designated in the approved applicable Official Plan. There was no dispute to that fact. The purpose of the By-law is to afford further protection of the woodlots pending more detailed development applications within the two urban village areas. The subject By-law follows from Interim Control By-law and a land use study related to woodlots completed in March The City submits that the Oak Ridges Moraine now affects the lands of the appellants. The City is obligated to enact an Oak Ridges Moraine conformity by-law on or before October 22, In order to do that, they need to receive the applicable technical guidelines from the Province of Ontario, now expected by the end of March All parties acknowledge that the Oak Ridges Moraine conformity by-law may impact that portion of the subject By-law now covered by the Oak Ridges Moraine Plan. Mr. Iacobelli confirmed that the approximate 4-acre portion of his approximate 14- acre property was designated as woodlot and covered by the subject By-law. He confirmed that portion not being part of the area of his property subject to his fill permit application appeal. In that respect, the Board finds no relationship between the subject By-law and the fill permit appeal. The Board finds it to be inappropriate to consolidate the fill permit appeal with the subject By-law appeal. Mr. Sciannella confirmed that approximately 2 acres of his approximate 21-acre property was designated woodland and covered by the subject By-law. Both Mr. Iacobelli and Mr. Sciannella acknowledged that at the time of any future development application on their lands, a more detailed review of the woodlot zoning would be undertaken based on appropriate studies and subject to further appeal. They understand that the intent of the subject By-law is to bring the present zoning into conformity with the approved Official Plan woodlot designations. The lands are presently zoned agricultural.

3 - 3 - PL Mr. Iacobelli, Mr. Sciannella and counsel for the Block 12 Landowners Group, being individual Block 12 landowners set out in Exhibit No. 2, acknowledge that the subject By-law may be further amended as a result of the Oak Ridges Moraine Plan and technical guidelines leading to the enactment of an Oak Ridges Moraine conformity bylaw in the Fall of The Block 12 Landowners Group expect to have a more detailed Block Plan, which includes their lands, at the City for approval before the end of June They are hopeful of a full settlement of their appeal. On all of the submissions made and with the consent of all of the parties, the Board directs the following with respect to the appeals of By-law : 1. The hearing of appeals with respect to By-law will commence on Thursday September 25, 2003 at 10:00 a.m. at the Hearing Room, Vaughan Municipal Building, 2141 Major Mackenzie Drive, Vaughan. One day is scheduled. 2. The parties are the City, Block 12 Landowners Group, Vince Scianella and Eugene Iacobelli. 3. The issue is the appropriateness of the woodlot zoning as it affects their lands only. 4. The parties will exchange all evidence to be relied upon as it becomes available and well in advance of the hearing. 5. The parties will inform the Board at the earliest opportunity of any settlement or appeal withdrawal. With respect to the appeal by Mr. Iacobelli, on consent of all of the parties, the Board directs the following:

4 - 4 - PL The hearing of the appeal by Mr. Iacobelli regarding his application for a permit to fill will commence on Thursday April 10, 2003 at 10:00 a.m. at the Hearing Room, Vaughan Municipal Building, 2141 Major Mackenzie Drive, Vaughan. One day has been scheduled. The parties agree that the matter presently before the courts regarding the cutting of trees on Mr. Iacobelli s property should be decided prior to this Board hearing proceeding. The courts are presently scheduled to hear the matter February 27, If that matter is postponed, the Board hearing may also be postponed to a date to be agreed between the parties and with the Board. 2. The parties are the City and Mr. Iacobelli. 3. The issue is the appropriateness of the fill application and any related conditions. 4. Mr. Iacobelli expects to take one to two hours to present his evidence. The City expects to present relevant engineering evidence. 5. The parties will exchange all evidence to be relied upon as it becomes available and well in advance of the hearing. 6. The parties will inform the Board at the earliest opportunity of any settlement or appeal withdrawal. As noted above, these appeals will now proceed separately. With respect to both matters, no further notice is required. This Board Member will continue with the management of both appeals up to but not necessarily including the hearings.

5 - 5 - PL The Board may be spoken to with respect to these procedures. The Board encourages the parties to continue to further focus and or settle the matter without necessity of further hearing. The Board so Orders. D. R. GRANGER MEMBER