BYLAW - LPAT ZBA (Aurora United Church) - 20181022 - 614318The Corporation of the Town of Aurora
By-law Number 6143-18
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 15186 Yonge Street, 55,
57, 57A Temperance Street, 12 Tyler Street and 16 Tyler Street (The
Board of Trustees of the Aurora United Church).
Whereas under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the
“Planning Act”), zoning by-laws may be passed by the councils of local municipalities to
prohibit and regulate the use of land, buildings and structures;
And whereas on June 27, 2017, the Council of The Corporation of the Town of Aurora
(the “Town”) enacted By-law Number 6000-17 (the “Zoning By-law”), which Zoning By-law
was appealed to the Ontario Municipal Board (the “OMB”);
And whereas on January 29, 2018, the OMB made an order, in accordance with
subsection 34(31) of the Act, providing that any part of the Zoning By-law not in issue in
the appeal shall be deemed to have come into force on the day the Zoning By-law was
passed;
And whereas the OMB is continued under the name Local Planning Appeal Tribunal (the
“LPAT”), and any reference to the Ontario Municipal Board or the OMB is deemed to be
a reference to the LPAT;
And whereas on October 22, 2018, the LPAT issued a Memorandum of Oral Decision
and Order, under OMB Case No. PL170912 (the “Decision”) approving an amendment to
the Zoning By-law respecting the lands municipally known as 15186 Yonge Street, 55,
57, 57A Temperance Street, 12 Tyler Street and 16 Tyler Street, following an appeal
pursuant to section 34(11) of the Planning Act;
Now therefore the Zoning By-law is amended by the Local Planning Appeal
Tribunal as follows:
1. The Zoning By-law be and is hereby amended to replace the “Promenade
Downtown (PD1) and Promenade Downtown – Exception 480 (PD1-480)
Institutional” zoning category applying to the lands shown in hatching on
Schedule “A” attached hereto and forming part of this By-law with “Promenade
Downtown Exception “PD1(510)” Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
“24.510 Promenade Downtown Exception Zone
Parent Zone: PD1
Exception No.:
(510)
Map: Schedule “A”
Map No. A.1
Previous Zone:
PD1 (480) and PD1
Previous By-laws:
OMB Case No.
PL170912
Municipal Address: 15186 Yonge Street, 55, 57, 57A Temperance Street, 12 and 16
Tyler Street
Legal Description: Part of Lot 9, 10 and 11 on Plan 9
By-law Number 6143-18 Page 2 of 5
24.510.1 Definitions
Lands zoned PD1(510) shall be deemed to be one lot, regardless of ownership.
24.510.2 Zone Requirements
In accordance with PD1 requirements in Section 8.2 of By-law 6000-17, with the
following exceptions:
Notwithstanding any provisions to the contrary, Yonge Street, or a reserve abutting
Yonge Street, shall be deemed to be the front lot line.
Minimum Front Yard: 0.83 m
Minimum Rear Yard:
Minimum Side Yard (Tyler Street):
Place of Worship
Retirement Residence
2.75m
0.0 m
2.5 m
Height (maximum):
In accordance with Schedule ‘B’ attached
hereto and which forms part of this by-
law.
Place of Worship
Retirement Residence
18.5 m
22.5 m
Notwithstanding Section 4.11, the daylighting or site triangles shall not apply.
Notwithstanding Section 4.4, dwelling unit in a non-residential zone shall not apply.
The Retirement Residence shall maintain the Setbacks and terrace down towards
adjacent residential properties in accordance with Schedule ‘B’.
24.510.3 Parking
Parking requirement (minimum):
Retirement Home 0.4 spaces per suite
Place of Worship 1 space per 10 seats
Driveways shall not exceed two (2) in number and shall be a width of 7.5 metres at
the property line.
24.510.4 Section 37 Provisions
a) Pursuant to Section 37 of the Planning Act, and subject to compliance with this
By-law, the increase in height and density of the development (as shown on
Schedule ‘B’) which forms part of this By-law) is permitted beyond that
otherwise permitted on the lands shown on Schedule A in return for the
owner’s payment of $200,000.00.
b) The issuance of a building permit which includes the extra height and density
referred to above shall be dependent on the payment of the $200,000.00 and
the entering into of a Section 37 Agreement, which will be registered on title.”
3. This By-law shall come into full force subject to compliance with the provisions
By-law Number 6143-18 Page 3 of 5
of the Planning Act, and subject to compliance with such provisions, this By-
law will take effect from the date of the Decision.
Pursuant to the Decision of the Local Planning Appeal Tribunal issued on the 22
day of October, 2018 under OMB Case No. PL170912.
By-law Number 6143-18 Page 4 of 5
Schedule “A”
Location: Part of Lot 9, Part of Lot 10 and Part of Lot 11 on Plan 9, Town of
Aurora, Regional Municipality of York
Lands rezoned from “Promenade Downtown (PD1)” and
“Promenade Downtown (PD1-480) Exception Zone” to “Promenade
Downtown (PD1-510) Exception Zone”
By-law Number 6143-18 Page 5 of 5
Schedule “B”
Location: 15186 Yonge Street, 55, 57, 57A Temperance Street, 12 Tyler
Street and 16 Tyler Street