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BYLAW - OLT Amend 600017 (15286 and 15306 Leslie St) - 20220920 - 644822The Corporation of the Town of Aurora By-law Number 6448-22 Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 15286 and 15306 Leslie Street (File No. ZBA-2016-07). Whereas under section 34(1) 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, as amended (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 Planning 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 Ontario Land Tribunal (the “OLT”), and any reference to the Ontario Municipal Board or the OMB is deemed to be a reference to the OLT; And whereas on August 26, 2022, the OLT issued a Decision and Order, under OLT Case No. OLT-22-003339 (formerly, PL171402) (the “Order”) approving an amendment to the Zoning By-law respecting the lands municipally known as 15286 and 15306 Leslie Street, following an appeal pursuant to section 34(11) of the Planning Act; Now therefore the Zoning By-law is amended by the Ontario Land Tribunal as follows: 1. The Zoning By-law be and is hereby amended to replace the “Rural (RU) Zone” category applying to the lands shown on Schedule “A” attached hereto and forming part of this By-law with “Second Density Apartment Residential Exception (RA2-535) Zone”, “Holding (H) Second Density Apartment Residential Exception ((H)RA2-536) Zone”, and “Environmental Protection (EP) Zone”. 2. The Zoning By-law be and is hereby amended to add the following: “24.535 Second Density Apartment Residential RA2(535) Exception Zone 24.535.1 Uses Permitted Notwithstanding Section 7.3, the following uses are permitted: • Two (2) apartment buildings with a maximum of 230 units. 24.535.2.1 Siting Specifications Lot area (minimum) per dwelling: 60.0m2 Front Yard (minimum): 9.0 m Interior Side Yard (minimum): 5.5 m Rear Yard (minimum) 15.0 m By-law Number 6448-22 Page 2 of 6 Building Height (maximum) 28m or 7 storeys, whichever is less. For purposes of this by-law, mechanical penthouse and amenity room floor space above the 7th storey shall be permitted and shall not constitute a storey provided the total GFA for the amenity room does not exceed 450 m2. 24.535.2.2 Parking Standards Parking Spaces (Minimum) 1.0 spaces/ dwelling unit Visitor Parking Spaces (Minimum) 0.25 spaces/ dwelling unit 24.535.2.3 Ingress and Egress Notwithstanding the provisions of Section 5.5.4 (Ingress and Egress), the following standards shall apply: The maximum width of any joint ingress or egress Driveway measured along the Street Line shall be 23.0 metres. 24.535.2.4 Amenity Area Notwithstanding the provisions of Section 7.5.2.2 (Amenity Area), the following standards shall apply: A minimum of 35% of the required Amenity Area is provided as interior amenity space. 24.535.3 Height and Density Bonusing In exchange for additional height and density, the applicant shall be required to enter into a Section 37 Agreement to secure provision of affordable housing, or another community facility or service, prior to the execution of the Site Plan Agreement.” 3. The Zoning By-law be and is hereby amended to add the following: “24.536 Second Density Apartment Residential RA2(536) Exception Zone 24.536.1 Uses Permitted Notwithstanding Section 7.3, the following uses are permitted: • One (1) apartment building with a maximum of 115 units 24.536.2.1 Siting Specifications All siting specifications to be followed in accordance with RA2(535) Zone, with the exception of the following: Lot area (minimum) per dwelling: 60.0m2 Building Height (maximum) 28m or 7 storeys, whichever is less. For purposes of this by-law, mechanical penthouse and amenity room floor space above the 7th storey shall be permitted and shall not constitute a storey provided the total GFA for the amenity room does not exceed 450 m2. By-law Number 6448-22 Page 3 of 6 24.536.2.2 Parking Standards Parking Spaces (Minimum) 1.0 spaces/ dwelling unit Visitor Parking Spaces (Minimum) 0.25 spaces/ dwelling unit 24.536.2.3 Ingress and Egress Notwithstanding the provisions of Section 5.5.4 (Ingress and Egress), the following standards shall apply: The maximum width of any joint ingress or egress Driveway measured along the Street Line shall be 23.0 metres. 24.536.2.4 Amenity Area Notwithstanding the provisions of Section 7.5.2.2 (Amenity Area), the following standards shall apply: A minimum of 35% of the required Amenity Area is provided as interior amenity space. 24.536.3 Height and Density Bonusing In exchange for additional height and density, the applicant shall be required to enter into a Section 37 Agreement to secure provision of affordable housing, or another community facility or service, prior to the execution of the Site Plan Agreement.” 4. The Zoning By-law be and is hereby amended to add the following: “20.536 Holding Prefix Notwithstanding the provisions of Section 24.536, while “(H)” Holding prefix is in place, no person shall within the lands zoned (H)RA2(536) on Schedule “A” attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except: • those uses which existed on the date of passing this by-law, and, • underground parking for the proposed development. Furthermore, no extension or enlargement of the uses which existed on the date of passing of this by-law shall occur, unless an amendment to this by-law is approved by the Council of The Corporation of the Town of Aurora and comes into full force and effect. Removal of Holding Prefix Prior to the passing of a by-law to remove the “(H)” Holding prefix from the lands zoned (H)RA2(536) or any part thereof, the Town of Aurora shall be satisfied that the following shall have been complied with: a) Execution of the Section 37 Agreement between the Town and the Owner; b) Execution of the Site Plan Agreement between the Town and the Owner; c) One of the following: i) Executed agreement between York Region Housing Inc. or another affordable housing provider and the property Owner; or By-law Number 6448-22 Page 4 of 6 ii) The Town uses the Section 37 contribution for other purposes and the Owner has made satisfactory arrangement to pay the Section 37 contribution. Upon removal of the "(H)" Holding prefix from the lands zoned (H) RA2(536), pursuant to Section 36 of the Planning Act, or any successor thereto, the provisions applicable to the said lands shall be as set out in Section 24.536.” 5. 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 the Order. Pursuant to the Order of the Ontario Land Tribunal issued on the 26th day of August, 2022, under OLT Case No. OLT-22-003339 (formerly, PL171402). By-law Number 6448-22 Page 5 of 6 Explanatory Note Re: Zoning By-law Number 6448-22 By-law Number 6448-22 has the following purpose and effect: To amend By-law Number 6000-17, as amended, being the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from “RU” Zone to “RA2(535)” Zone, “(H)RA2(536)”, and “EP”. The rezoning will permit 345 residential units within 3 separate buildings on the consolidated site that is currently known as 15306 and 15286 Leslie Street. The applicant is required to enter into a Section 37 Agreement to provide affordable housing, or another community facility or service, in exchange for additional height and density. Site-specific performance standards pertaining to parking, height, amenity area and setbacks will apply. By-law Number 6448-22 Page 6 of 6 Schedule “A” Location: Part of Lot 21, Concession 2, Town of Aurora, Regional Municipality of York Lands rezoned from “Rural (RU) Zone” to “Second Density Apartment Residential Exception (RA2(535)) Zone”, “Holding (H) Second Density Apartment Residential Exception ((H)RA2(536)) Zone”, and “Environmental Protection (EP) Zone”.