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BYLAW - OLT OPA No 24 45TylerSt (Amend 528510) - 20211217 - 644522The Corporation of the Town of Aurora By-law Number 6445-22 Being a By-law to amend By-law Number 5285-10, as amended, to adopt Official Plan Amendment No. 24. Whereas on September 28, 2010, the Council of The Corporation of the Town of Aurora (the “Town”) enacted By-law Number 5285-10, as amended, to adopt the Official Plan for the Town of Aurora (the “Official Plan”); And whereas on December 17, 2021, the Ontario Land Tribunal (the “OLT”) issued a Memorandum of Oral Decision and Order, under OLT Case No. PL171423 (the “Order”) approving an amendment to the Official Plan respecting the lands municipally known as 45 Tyler Street, following an appeal pursuant to section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”); Now therefore the Official Plan is amended by the Ontario Land Tribunal as follows: 1. Official Plan Amendment No. 24 to the Official Plan, attached and forming part of this By-law, be and is hereby adopted. 2. This By-law shall come into full force subject to compliance with the provisions of the Planning Act and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. Pursuant to the Order of the Ontario Land Tribunal issued on the 17th day of December, 2021, under OLT Case No. PL171423. By-law Number 6445-22 Page 2 of 5 Amendment No. 24 To the Official Plan for the Town of Aurora _______________________________________________________________________________________ Statement of Components Part I – The Preamble 1. Introduction 2. Purpose of the Amendment 3. Location 4. Basis of the Amendment Part II – The Amendment 1. Introduction 2. Details of the Amendment 3. Implementation and Interpretation Part III – The Appendices By-law Number 6445-22 Page 3 of 5 Part I – The Preamble 1. Introduction This part of the Official Plan Amendment No. 24 (the “Amendment”), entitled Part I – The Preamble, explains the purpose and location of this Amendment, and provides an overview of the reasons for it. It is for explanatory purposes only and does not form part of the Amendment. 2. Purpose of the Amendment The purpose of this Amendment is to redesignate the subject lands from “Stable Neighbourhoods”, “Existing Employment-Brownfield Industrial”, “Environmental Protection” and “Private Parkland” to “Stable Neighbourhoods” and “Environmental Protection”. The amendment will allow a common element condominium containing townhouse dwelling units within the “Stable Neighbourhoods” designation and define existing open space and natural features on the site within the “Environmental Protection” designation. 3. Location The lands affected by this Amendment are located on the south side of Tyler Street, west of Yonge Street and Temperance Street and east of George Street. They are municipally known as 45 Tyler Street; having a lot area of approximately of approximately 2.94 hectares; and are legally described as Lot 26 and Part of Lots 24, 25, and 27 of Part 9 in the Town of Aurora, Regional Municipality of York (the “Subject Lands”). Past use of the subject lands has been industrial, comprising the Collis Leather Tannery from 1912 to 1988. The former tannery building was delisted from the Town’s Register of Properties of Cultural Heritage Value or Interest and permitted to be demolished in 2015. 4. Basis of the Amendment The basis of the Amendment is as follows: 4.1 Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications were submitted to the Town for consideration on June 15, 2015 to permit the development of 70 common element condominium townhouse dwellings. The proposed development is supported by technical studies submitted by the applicant, as reviewed by the Town, which establishes that the portions of the subject lands can be developed for residential use, with other portions of the subject lands maintained for open space and natural heritage features. 4.2 The Official Plan Amendment application was submitted to redesignate the subject lands from “Stable Neighbourhoods”, “Existing Employment-Brownfield Industrial”, “Environmental Protection” and “Private Parkland” to “Stable Neighbourhoods” and “Environmental Protection”. The “Stable Neighbourhood” designation will permit the townhouse development, and the Amendment also requests a site-specific policy to permit townhouse buildings to have a maximum height of up to 11.5 metres. The “Environmental Protection” designation will By-law Number 6445-22 Page 4 of 5 define existing open space and natural features on the site. 4.3 A Statutory Public Planning Meeting was held by the Town’s Council on May 25, 2016, to obtain input from members of the public and Town Council. 4.4 The applicant appealed the applications in November of 2017 due to Council’s failure to make a decision within the timeframes legislated by the Planning Act and the Ontario Land Tribunal (OLT) is the approval authority for the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications. 4.5 A second Statutory Public Planning Meeting was held by Town’s Council on March 10, 2020 to obtain additional input from members of the public and Town Council. 4.6 The Amendment is consistent with Provincial and Regional Policies and Plans. 4.7 The Amendment is consistent with the Region of York Official Plan. 4.8 The site-specific policies as outlined in the Details of the Amendment are considered to be compatible, appropriate and a complementary land use and built form within the surrounding area. 4.9 The proposed development will be subject to a future plan of condominium and site plan applications to establish common elements such as a private road and amenity spaces and to ensure compatibility with the surrounding area. It will also be subject to a future part lot control exemption application to create the individual townhouse lots as parcels of tied land (POTLs). Part II – The Amendment 1.Introduction This part of the Amendment, entitled Part II – The Amendment, consisting of the following text and attached maps, designated as Schedule “A, constitutes Amendment No. 24 to the Official Plan. 2.Details of the Amendment The Official Plan be and is hereby amended as follows: Item (1): Schedule “A”, Structure Plan, being part of the Town of Aurora Official Plan, be and is hereby amended by changing the land use designation for the Subject Lands municipally described as 45 Tyler Street, Town of Aurora in the Regional Municipality of York, from “Stable Neighbourhoods”, “Existing Employment-Brownfield Industrial”, “Environmental Protection” and “Private Parkland” to “Stable Neighbourhoods” and “Environmental Protection”, as shown on Schedule “A” - Land Use Plan, attached hereto and forming part of this Amendment. Item (2): Schedule “H”, Site Specific Policy Areas, being part of the Town of Aurora Official Plan, be and is hereby amended by designating a portion of the subject lands municipally known as 45 Tyler Street, Town of Aurora in the Regional Municipality of York as “Special Policy Area 56” as shown on Schedule “B” - Site Specific Policy Areas, attached hereto and forming part of this Amendment. By-law Number 6445-22 Page 5 of 5 Item (3): Section 16 of the Town of Aurora Official Plan be and is hereby amended by adding Subsection 16.56. as follows: “16.56 The following policies apply to the lands shown on Schedule “H” as Site Specific Policy Area 56, which are designated “Stable Neighbourhood” a)Notwithstanding the Section 8.1.3 (f), the maximum building height for townhouse dwellings is 11.5 metres. b)Buildings shall have a standard of design consistent with the Urban Design Guidelines. The implementation of the Urban Design Guidelines will be addressed through Site Plan Approval.” Implementation This Amendment has been considered in accordance with the provisions of the Official Plan. The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Official Plan. Part III – The Appendices Schedule “A” – Land Use Plan Schedule “B” – Site Specific Policy Areas By-law Number 6445-22 Schedule "A" By-law Number 6445-22 Schedule "B"