Agenda - Committee of Adjustment - 20250109Town of Aurora
Committee of Adjustment
Meeting Agenda
Date:Thursday, January 9, 2025
Time:7 p.m.
Location:Video Conference
Meetings are available to the public via live stream on the Town’s YouTube channel. To participate
electronically, please visit aurora.ca/participation.
Pages
1.Call to Order
2.Land Acknowledgement
3.Approval of the Agenda
That the Agenda as circulated by the Secretary-Treasurer be approved.
4.Declarations of Pecuniary Interest and General Nature Thereof
5.Receipt of the Minutes
5.1 Committee of Adjustment Meeting Minutes of December 12, 2024,
Meeting Number 24-12
1
That the Committee of Adjustment Minutes from Meeting Number 24-12
be adopted as printed and circulated.
6.Presentation of Applications
6.1 MV-2024-32 - Ren -14430 Yonge St 6
6.2 MV-2024-33 - Ben Walker Ltd - 205 Industrial Parkway N 8
6.3 C-2024-06 - Christ Evangelical Lutheran Church - 7 Lacey Court 17
7.New Business
8.Adjournment
1
Town of Aurora
Committee of Adjustment
Meeting Minutes
Date:
Time:
Location:
Thursday, December 12, 2024
7 p.m.
Video Conference
Committee Members: David Mhango (Chair)
Chris Polsinelli
Michael Visconti
Julian Yang
Members Absent: Jane Stevenson (Vice Chair)
Other Attendees: Peter Fan, Secretary-Treasurer, Committee of Adjustment
Antonio Greco, Planner
_____________________________________________________________________
1. Call to Order
That the meeting be called to order at 7:12PM.
2. Land Acknowledgement
The Town of Aurora acknowledges that the Anishinaabe (A-nishshaw-na-bee)
lands on which we live, and work are the traditional and treaty territory of the
Chippewas of Georgina Island, as well as many other Nations whose pres ence
here continues to this day. As the closest First Nation community to Aurora, we
recognize the special relationship the Chippewas have with the lands and waters
of this territory. They are the water protectors and environmental stewards of
these lands, and as a municipality we join them in these responsibilities.
Page 1 of 27
2
We further acknowledge that Aurora is part of the treaty lands of the
Mississaugas and Chippewas, recognized through Treaty #13 as well as the
Williams Treaties of 1923.
A shared understanding of the rich cultural heritage that has existed for
centuries, and how our collective past brought us to where we are today, will help
us walk together into a better future.
3. Approval of the Agenda
Moved by Julian Yang
Seconded by Michael Visconti
That the Agenda as circulated by the Secretary-Treasurer be approved.
Carried
4. Declarations of Pecuniary Interest and General Nature Thereof
None.
5. Receipt of the Minutes
5.1 Committee of Adjustment Meeting Minutes of November 14th, 2024,
Meeting Number 24-11
Moved by Michael Visconti
Seconded by Julian Yang
That the Committee of Adjustment Minutes from Meeting Number 24-11
be adopted as printed and circulated.
Carried
6. Presentation of Applications
6.1 MV-2024-31 - Duff - 47 Cousins
The owner/applicant is requesting relief from the requirements of the
Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate a
rear addition to an existing detached dwelling. The following relief is being
requested:
1. Section 24.497.3.2 of the Zoning By-law requires a minimum rear
yard of 25% of the lot depth, which is 11.43 metres. The applicant is
Page 2 of 27
3
proposing a one-storey addition, covered porch and deck, which is
9.9 metres to the rear property line.
2. Section 24.497.3.2 of the Zoning By-law requires a minimum
interior side yard of 3.0 metres beyond the main rear wall of the
adjacent dwelling. The applicant is proposing a one-storey addition,
covered porch and deck which is 2.1 metres to the interior side
property line.
3. Section 24.497.3.2 of the Zoning By-law requires a minimum
interior side yard setback of 1.5 metres. The applicant is proposing
a one-addition, covered porch and deck which is 1.4 metres to the
interior side property line.
The Chair invited the Applicant or Owner to address the Committee. In
attendance was the owner Lisa Duff and agent Dana Evan. The agent
provided a brief introduction to their application.
The Chair invited staff to provide an update on the listed conditions that
were provided after the report was published.
The Chair invited members of the public to provide comments. There were
two (2) public delegates in attendance for this application Derek Banks
and Ross Steigner. Derek spoke to matters regarding, the timeline of
public notices, the necessity of the variance towards the minimum rear
yard. Ross spoke to matters regarding privacy, sightlines, and possible
damages to the existing vegetation.
The Committee reviewed the drawings submitted before the meeting and
discussed the newly requested variance.
Moved by Julian Yang
Seconded by Chris Polsinelli
That the Minor Variance application MV-2024-31 be APPROVED as
AMENDED.
Carried
6.2 MV-2024-28 - Risk - 15 Tyler St
The applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to facilitate the
Page 3 of 27
4
construction of a five-storey mixed use building with at grade office and
five residential units above. The vehicular access is off Temperance
Street, with parking at rear. The following relief is being requested:
1. Section 8.2 of Zoning By-law 6000-17 permits a maximum height of
10 meters. The applicant is proposing a five-storey residential
building containing a maximum height of 20 metres.
2. Section 5.4 of Zoning By-law 6000-17 requires parking for offices at
a rate of 3.5 spaces per 100 square meters of Gross Floor Area and
1.5 spaces per dwelling unit, with a minimum 20% of spaces
provided to be set aside for visitor parking. Therefore 10 parking
spaces inclusive of a barrier free parking space is required. The
applicant is proposing a total of seven (7) parking spaces inclusive
of the barrier free space.
The Chair invited the Applicant or Owner to address the Committee. In
attendance was the owner Andrew Risk and architect Peter Del Grosso.
The agent provided a brief introduction to their application.
The Chair invited public comments regarding the application. Four
delegates were present: Antonio (Tony) Masongsong, Angela Daust,
Bianca Moretti, and Cindy Jewitt.
Antonio (Tony) Masongsong raised concerns about the application
process, suggesting that the Committee of Adjustment is not the
appropriate planning avenue for this proposal.
Angela Daust objected to the application, citing issues including the
lot's insufficient size, inadequate on-site parking, increased traffic
impacts due to higher density, shadow effects, obstruction of
sightlines, and the excessive height of the proposed structure.
Bianca Moretti also objected, highlighting concerns about
increased density, overflow from on-street parking, challenges with
snow and garbage removal, and the lack of a suitable transition
between the existing heritage home and the proposed five-story
building.
Cindy Jewitt also objected, reiterating the concern of the other
public delegates, but also highlighting concerns towards the lack of
landscaping and vegetation.
Page 4 of 27
5
These concerns were recorded for the Committee's review and
consideration.
The Committee inquired to staff to address the concerns raised by the
public delegates. Questions regarding the following were addressed by
staff: application process, landscaping and vegetation, snow storage and
waste collection, and the height of the building. The committee inquired to
staff to further clarify the process of the Site Plan Exemption, and the
difference between the different levels of Site Plan Control.
Moved by Michael Visconti
Seconded by Julian Yang
That the Minor Variance Application be APPROVED as AMMENDED
Carried
7. New Business
None.
8. Adjournment
Moved by Michael Visconti
That the meeting be adjourned at 9:42 pm.
Carried
Page 5 of 27
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 4 -32
_______________________________________________________________________________________
Subject: Minor Variance Application
Ren
14430 Yonge Street
Concession 1 Part of Lot 75 RS65R1544, Parts 3, 8 & 9
File: MV-2024-32
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: January 9, 2025
_______________________________________________________________________________________
Application
Planning Staff are requesting a deferral of the above noted minor variance application for
14430 Yonge Street (MV-2024-32).
Additional time is needed for further review of the proposal and to obtain a peer reviewer
to review the submitted Natural Heritage Evaluation in support of the application. The
entirety of the subject lands are designated “Environmental Protection” and contain
Woodland and Woodlands - Minimum Vegetation Protection Zone (30m) in the Town
Official Plan Schedules. The proposed greenhouse structure is to be located within the
wooded area in the rear and would likely result in mass amount of tree removal. In
response to the potential disruption to the natural heritage features on site, the applicant
has provided a Natural Heritage Evaluation (NHE). The NHE suggests that there are
potential species at risk and significant wildlife habitat which can be impacted by the
development. The NHE concludes that impacts can be mitigated through some
recommended actions such as further investigation of on-site features and some other
mitigation measures.
Staff would require the submitted NHE to be peer reviewed and site visits must be
completed to evaluate the on-site natural heritage feature and to determine the existence
of any species at risk or significant habitat. Furthermore, an Official Plan Amendment
would likely be required to permit such a structure to be constructed as the proposed
might result in an adverse effect on the key natural heritage feature.
Page 6 of 27
Select meeting date 2 of 2 Report No. C-2025-nn
As a result, Staff are requesting the subject application be deferred for consideration until
a qualified peer reviewer has reviewed the submitted NHE. The Applicant has been made
aware of Staff’s recommended deferral.
Page 7 of 27
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 4 -33
_______________________________________________________________________________________
Subject: Minor Variance Application
Ben Walker Limited
205 Industrial Parkway North
PLAN 246 PT LOT 87 RP 65R4573 PARTS 5 TO 7 PT PART 1 RP
65R27176 PARTS 1 AND 2
File: MV-2024--33
Prepared by: Felix Chau, Planner
Department: Planning and Development Services
Date: January 9, 2025
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to facilitate a Fitness Centre use in
a building where there are Industrial uses or Warehouses. The following relief is being
requested:
a) Section 10.1 of the Zoning Bylaw only permits a Fitness Centre in the E1 zone
provided no part of the building where the Fitness Centre is located is used for
Industrial Uses or Warehouses. The applicant is proposing a Fitness Centre in a
building where there are Industrial uses or Warehouses.
Background
Subject Property and Area Context
The subject lands have two (2) municipal addresses being 185 and 205 Industrial
Parkway North as the lands feature two (2) standalone buildings. The subject application
is only pertaining to building municipally known as 205 Industrial Parkway North. The
lands are situated on the east side of Industrial Parkway North, north of Lambert Wilson
Park. Immediately north of the subject lands is the Town of Aurora Joint Operations
Centre.
Page 8 of 27
January 9, 2025 2 of 7 Report No. MV-2024-33
The building subject to this variance is the northerly building which contains six (6) units
occupied by multiple industrial and warehouse uses. For clarity, although Appendix B
depicts the building as two (2) suites, Suite 1 represents Unit 1, while Suite 2 contains the
reminder of the Units. Unit 1 is the unit proposed to be renovated for a Fitness Centre.
The remainder of the units contain office-type and warehousing businesses which will
continue to operate.
The southerly building contains a daycare (Aurora Children’s Centre). The lands have an
approximate lot area of 4.436 hectares (10.9 acres), and a lot frontage of approximately
105 metres (344.5 feet) with three (3) vehicular accessways into the property.
Proposal
The applicant is requesting to permit a Fitness Centre use in a building where there are
Industrial uses or Warehouses.
Official Plan
The subject property is designated “General Industrial” by the Town of Aurora Official
Plan. This designation is intended to ensure long-term protection and continued evolution
of existing industrial areas in the Town. A broad range of employment opportunities as
well as commercial recreational uses are permitted.
Zoning
The subject property is zoned “Service Employment Exception Zone – E1 (346)” under
Zoning By-law 6000-17, as amended. This site-specific zoning clarifies that permitted
uses for the subject building is in accordance with the E1 Zone, whereas the southerly
building on the lot shall only permit a day nursery. The E1 Zone permits Fitness Centres
provided that no part of the building is used for Industrial uses or Warehouses.
Related Planning Applications
A Site Plan Minor Application (SPM-2024-03) is currently being reviewed to facilitate the
addition of three (3) new loading dock doors to be associated Unit 1.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variance, and no other non-compliance was
identified.
Page 9 of 27
January 9, 2025 3 of 7 Report No. MV-2024-33
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on the application form, the Zoning By-law cannot be complied with because
there are existing industrial use tenants in the existing building. Existing tenants have
“clean operations” consisting of storing and transporting low hazard stock. The potential
tenant is proposing a recreation/sports facility use in Unit #1 that would complement
similar uses located along Industrial Parkway North. The operation would contrast the
usage of parking space with the other tenants by the time of day – mostly evening and
after regular working hours.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2024-33 pursuant to the
prescribed tests as set out in Section 45 (1) of the Planning Act, as follows:
a) The proposed variance meets the general intent of the Official Plan
The subject property is designated “General Industrial” by the Town of Aurora Official
Plan. This designation is intended to ensure the long-term protection and continued
evolution of existing, older industrial areas. Within this designation, a broad range of
employment opportunities as well as commercial recreational uses are permitted.
The proposed variance which requests to add a Fitness Centre use to a building with
existing Industrial uses conforms to the Official Plan and provides for a use that is
permitted under the General Industrial designation. Additionally, the proposed variance
will contribute to the Town’s economic growth and generate local job opportunities.
Planning staff are of the opinion that the requested minor variance maintains the
general intent and purpose of the Official Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The subject lands are zoned “Service Employment Exception Zone – E1 (346)” under
Zoning By-law 6000-17, as amended, which permits a wide variety of uses such as
industrial uses, warehouses, offices, food processing establishments, fitness centres,
and repair shops. However, the “Fitness Centre” use is permitted provided that no part
of the building is used for Industrial Uses or Warehouses.
The intent of the Zoning By-law provision is to control excessive usage of an industrial
property during peak hours to protect from potential vehicular movement and parking
conflicts. The site features three (3) vehicular accesses along Industrial Parkway
North, with two (2) buildings on site. The subject building is the northerly building
Page 10 of 27
January 9, 2025 4 of 7 Report No. MV-2024-33
12,667 m2 (136,346 square feet) in size which features six (6) units which include
industrial/warehousing uses. The southerly building is 1,650 m2 (17,760 square feet)
in size and is used for a daycare. All existing and proposed loading docks for the
subject building are located on the south side of the northerly building which are
accessible from the middle entrance of the three along Industrial Parkway North. As
such, the multiple entrances along industrial parkway will help separate potential truck
and passenger vehicle entering and exiting the site. Furthermore, potential parking
congestion concerns are mitigated as peak hours of the proposed fitness centre are
predominantly weekday evenings and weekends which contrasts with the peak hours
of the industrial/warehouse and daycare uses – predominantly weekday mornings and
afternoons.
The subject property is in an industrial area within the Town that contains a mix of
employment, warehousing, and fitness/recreational uses. A variance to Fitness Centre
at the subject property is in keeping within the range of permitted uses in the E1 (346)
Zone. Staff are of the opinion that the subject variance maintains the general intent
and purpose of the Zoning By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
The subject property is located in an industrial area within the Town that predominantly
contains employment, industrial, and manufacturing uses. South of the property is
Lambert Wilson Park which contains numerous baseball fields, and further south is the
Aurora Family Leisure Complex and the Aurora Sports Dome. While the proposed
Fitness Centre is within a multi-unit industrial building with existing
industrial/warehouse uses, it abuts properties which contain fitness and recreational
facilities/infrastructure.
The proposed variance also demonstrates the vision and fundamental principles
outlined in the Official Plan through the “Advancing the Economy” principle. This
speaks to encouraging a competitive business environment and ultimately advancing
and sustaining Aurora’s long-term economic prosperity. The proposed minor variance
application enhances the ability to live, work, and play within the Town of Aurora. It is
Staff’s opinion that the variance is considered desirable for the appropriate
development of the land.
d) The proposed variance is considered minor in nature
The request to add a Fitness Centre use to a building with existing Industrial uses is
minor in nature and will not negatively impact the industrial building or surrounding
area. The subject variance to permit the Fitness Centre use within the existing
Page 11 of 27
January 9, 2025 5 of 7 Report No. MV-2024-33
industrial building maintains the integrity of the Official Plan and Zoning Bylaw and will
not have an impact on the existing operations or uses. Furthermore, physical changes
to the building are limited the addition of three (3) new docking doors, which is
currently being reviewed under SPM-2024-03.
Given the types of uses immediately surrounding the proposed location of the
business, their hours of operation, the proposed use of the subject property will not
detract from the overall site and surrounding area’s employment/industrial character.
Overall, staff considers the proposed variances minor in nature
Additional Comments
The minor variance application was circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Public Correspondence
Written submissions were not received at the time of writing of this report. Should written
submissions be received after the writing of this report, the Secretary Treasurer will
provide the submission(s) to Committee members at the meeting.
Conclusion
Planning Staff have reviewed the application with respect to Section 45 (1) of the
Planning Act, R.S.O., 1990, c.P.13, as amended, and believe that the requested variance
Department or Agency Comments
Building Division Preliminary Zoning Review completed.
No objection.
Engineering Division No objection.
Operational Services (Parks) No objection.
Operations (Public Works) No objection.
Central York Fire Services No objection.
York Region No objection.
LSRCA No objection.
Page 12 of 27
January 9, 2025 6 of 7 Report No. MV-2024-33
meets the four tests of the Planning Act for granting minor variances. Staff recommend
approval of the requested variance subject to the condition outlined in Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Proposed Site Plan
Appendix ‘C’ – Proposed Floor Plan
Page 13 of 27
January 9, 2025 7 of 7 Report No. MV-2024-33
Appendix ‘A’ – Conditions of Approval
Planning and Development Services:
1. That the variance only applies to the subject property in conformity with the plans
attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of
Planning and Development Services or designate.
Page 14 of 27
57FD IB503147FD SIBFD IBFD SIBFD SIB56FD IB35FD SIB341363332FD SIB6664555453526551FD IB68FD SIB67FD IB45FD SIB4443FD SIB30FD SIB2926282725242026SET SPK584FD SIBE/ASPHB L O C K 1 16 5 M - 2 7 1 8P A R K W A Y N O R T HLAIRTSUDNI
L O T 8 7 R E G ' D P L A N 2 4 6SITE PLAN STATISTICS ZONINGE1 - EMPLOYMENT ZONELOT AREA44,360 m²BUILDING AREASNORTH BUILDING12,667.65 m²SOUTH BUILDING 1,650 m²LOT COVERAGE32.3%SETBACKSFRONT YARD26.1 mREAR YARD13.27 mSIDE YARD (INTERIOR)24.11 mSIDE YARD (INTERIOR)69.13 mBUILDING - GROSS FLOOR AREASOUTH BUILDING1,650 m²NORTH BUILDING14,660.65 m²BUILDING OCCUPANCY CLASSIFICATIONNORTH BUILDING F2 (SPRINKLERED) 3.2.2.69PARKING (SPACE DIMENSIONS 2.7m X 5.3m)NORTH BUILDING - 14,657 m²MULTIPLE UNIT BUILDINGS WITHIN EMPLOYMENT ZONES - 2.0 SPACES PER 100 m² OFGFA OR 4.0 SPACES PER UNIT, WHICHEVER IS GREATERSOUTH BUILDING - 1,650 m²DAYCARE CENTER - 2.5 SPACES PER 100 m² OF GFATOTAL PARKING REQUIRED (NORTH BUILDING)MULTI-USE BUILDING293TOTAL PARKING REQUIRED (SOUTH BUILDING)DAYCARE CENTER41TOTAL PARKING REQUIRED334TOTAL PARKING EXISTING280 (INCLUDING 3 BARRIER FREE (4.4m x 5.2m))TOTAL LOADING SPACES 4 (EXISTING)PROPOSED ADDITION(3 DOCK DOORS)AREA - 3.65 m²AS NOTEDACCCPA102PROPOSED SITE PLANCSPACEARCHITECTURE5B-8841 GEORGE BOLTON PKWY, BOLTON, ON L7E 2X8T: 647.588.1784 E: info@cspace.caIT IS THE RESPONSIBILITY OF THE APPROPRIATE CONTRACTORTO CHECK AND VERIFY ALL DIMENSIONS ON SITE ANDREPORT ALL ERRORS AND OR OMISSIONS TO THE ARCHITECT.ALL CONTRACTORS MUST COMPLY WITH ALL PERTINENTCODES AND BY-LAWS.DO NOT SCALE DRAWINGS.THIS DRAWING MAY NOT BE USED FOR CONSTRUCTION UNTILSIGNED.COPYRIGHT RESERVED.NO.DATEREVISIONISSUED FOR PRELIMINARY ZONING REVIEW24.11.251RE-ISSUED FOR PRELIMINARY ZONING REVIEW24.11.282RE-ISSUED FOR PRELIMINARY ZONING REVIEW24.11.29324-204424.11.22INDUSTRIAL - FITNESS CENTER205 INDUSTRIAL PARKWAY NORTH,SUITE 1,AURORA, ON.PROPOSED SITE PLAN1A102SCALE 1:500NPage 15 of 27
11881101561223913035448735147450124371
5965417383
2499810118121411306595041096657888732109892392710
7
4
6
1205121
3
5
1 SERVERROOMUPUPW/CW/COFFICE/RECEPTION/CHANGEAREA602 m²EXERCISE/COURT AREA4513 m²EFX546EFX546
EXERCISE AREA1000 m²PICKLE BALL COURTSGYMNASTICS AREA530 m²OFFICESPINROOMYOGA/PILATESROOMSTORAGEOFFICEFEMALECHANGEMALECHANGECOMMONAREAHALF BASKETBALL BALL COURTGAMES AREA200 m²OFFICEEXERCISE AREAS 162 m²RECEPTIONPROPOSED ADDITION(3 DOCK DOORS)AREA - 3.65 M²AS NOTEDACCCPA201PROPOSED FLOOR PLANCSPACEARCHITECTURE5B-8841 GEORGE BOLTON PKWY, BOLTON, ON L7E 2X8T: 647.588.1784 E: info@cspace.caIT IS THE RESPONSIBILITY OF THE APPROPRIATE CONTRACTORTO CHECK AND VERIFY ALL DIMENSIONS ON SITE ANDREPORT ALL ERRORS AND OR OMISSIONS TO THE ARCHITECT.ALL CONTRACTORS MUST COMPLY WITH ALL PERTINENTCODES AND BY-LAWS.DO NOT SCALE DRAWINGS.THIS DRAWING MAY NOT BE USED FOR CONSTRUCTION UNTILSIGNED.COPYRIGHT RESERVED.NO.DATEREVISIONISSUED FOR PRELIMINARY ZONING REVIEW24.11.251RE-ISSUED FOR PRELIMINARY ZONING REVIEW24.11.282RE-ISSUED FOR PRELIMINARY ZONING REVIEW24.11.29324-204424.11.22INDUSTRIAL - FITNESS CENTER205 INDUSTRIAL PARKWAY NORTH,SUITE 1,AURORA, ON.PROPOSED FLOOR PLAN 1A201SCALE 1:200NPage 16 of 27
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. C -202 4 -06
_______________________________________________________________________________________
Subject: Consent Application
Trustees of Christ Evangelical Luther Church
7 Lacey Court
PCL 12-1 SEC 65M-2583; Block 12, Plan 65M-2583
File: C-2024-06
Related Planning Application(s): OPA-2024-01, ZBA-2024-01, SP-
2024-01
Prepared by: Antonio Greco, Senior Planner
Department: Planning and Development Services
Date: January 9, 2025
_______________________________________________________________________________________
Application
The proposed consent application is to sever the subject lands as follows (see
Appendix ‘B’):
a) Proposed Retained Lands:
Part 1 and 2 of the Draft Plan of Severance (northern half)
b) Proposed Severed Lands:
Part 3 and 4 of the Draft Plan of Severance (southern half)
Parts 1 and 2 will feature a lot area of 3,838 m2 (0.94 acres) and a lot frontage of 26.5 m
(86.9 ft) along Lacey Court. Parts 3 and 4 will feature a lot area of 7,172 m2 (1.77 acres)
with 98.5 m (323 ft) of frontage along Wellington Street West.
Background
Subject Property and Area Context
The subject site is located at the northeast corner of Wellington Street West and
McLeod Drive, west of Yonge Street and east of Bathurst Street. The site has a total
area of 1.06 hectares (2.71 acres) with a frontage of approximately 26.5 metres along
Page 17 of 27
January 9, 2025 2 of 9 Report No. C-2024-06
Lacey Court and 98.5 metres along Wellington Street West. The site is currently home to
the Christ Evangelical Luther Church, with access currently provided via a driveway off
Lacey Court.
Related Planning Applications (OPA-2024-01, ZBA-2024-01, SP-2024-01)
The applicant submitted an Official Plan Amendment, Zoning By-law Amendment, and
Site Plan application to the Town on March 7, 2024. The Official Plan and Zoning By-law
Amendment applications were presented to Council during the statutory Public
Planning meeting on May 14, 2024. Following the statutory Public Planning meeting, the
applicant provided a second submission to Town Planning Staff, addressing comments
from the initial submission. The applicant is in the later stages of the planning process
in which majority of the internal/external comments have been addressed and the need
for a Consent application is required.
Furthermore, a recommendation report will be presented to Council in the first quarter
of 2025, seeking approval for the Official Plan and Zoning By-law Amendment
applications. As per Bill 109, the approval of the subject Site Plan application is
delegated to Staff, however, a future common elements Plan of Condominium and Part
Lot Control application will also be required and directed to Council for consideration.
200 Wellington Street West (OPA-2021-06; ZBA-2021-08; SP-2022-06)
As shown in Appendix C, the property municipally knows as 200 Wellington Street West
abuts the subject application on 7 Lacey Court. In March 2023, the Ontario Land
Tribunal approved the Official Plan (OPA-2021-06) and Zoning By-law Amendments
(ZBA-2021-08) subject to a site plan agreement. The Site Plan Application has been
reviewed by the Town and External Agencies. Planning Staff and the Appellant will be
reporting back to the OLT in Q1 of 2025 to receive the Final Order.
The approved development on 200 Wellington Street West is considered as Phase 1 in
the overall development of the abutting properties on 7 Lacey Court. The approved
development will construct a total of 27 townhouse units in five blocks, with access via
a private driveway and private road accessible via Wellington Street West.
The subject Consent application on the southern portion of 7 Lacey Court is considered
as Phase 2. There is a direct connection between 7 Lacey Court and 200 Wellington
Street West.
Proposal
The applicant is proposing to sever off the southern portion of the subject land to
facilitate the construction of 29 townhouse units on a common-elements condominium
Page 18 of 27
January 9, 2025 3 of 9 Report No. C-2024-06
road. The northern portion of the land containing the Christ Evangelical Lutheran Church
is to remain as part of this application. The Church would effectively remain as its own
parcel and the proposed residential townhouse development will occupy the southern
portion of the site.
The severance plan is provided in Appendix 'B'. Parts 1 and 2 represent the Retained
Lands to the north, while Parts 3 and 4 are the Severed Lands to the south. Parts 2 and
4 are identified as servicing easements for sanitary and stormwater, which are
registered on title and owned by the Town of Aurora. Regardless of the proposed
consent application, the servicing easement will continue to be in favor of the Town,
irrespective of who owns the retained or severed lands.
The details of the proposed consent are as follows:
Parts Lot Depth Lot Area Lot Frontage
Retained Parcel
(Christ Evangelical
Luther Church)
1 & 2
36 m
(118 ft)
3,838 m2
(0.94 acres)
26.5 m
(86.9 ft)
Severed Parcel
(Vacant Southern
Portion)
3 & 4 79 m
(259 m)
7,172 m2
(1.77 acres)
98.5 m
(323 ft)
Bill 23 – the More Homes Built Faster Act
Bill 23 amended the Planning Act to with the goal of increasing housing supply and
addressing housing affordability. The legislation aims to make it easier and faster to
build more homes, particularly in areas where housing demand is high. The intent of the
legislation is to assist the province in meeting planned minimum housing and density
targets. Infill development and additional residential units are specifically seen as
assisting with creating housing opportunities through the gentle intensification of
traditionally lower density residential areas.
The construction of twenty-nine (29) townhouse units directly contributes to increasing
the supply of housing, aligning with the goal of adding more homes to the market,
especially in high-demand areas. Townhouses can offer an alternative to single-family
homes, making housing more accessible for families and first-time homebuyers.
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January 9, 2025 4 of 9 Report No. C-2024-06
Official Plan
The subject property is designated “Existing Major Institutional” within the Town of
Aurora Official Plan. The property also falls within the area covered by Official Plan
Amendment 48 (OPA 48) which also designates the property as “Institutional.”
Zoning
As shown on Figure 3, the subject property is currently zoned “Institutional (I),” within
the Town’s Zoning By-law 6000-17, as amended. The Institutional zone permits for a
wide variety of uses such as Day Care Centres, Places of Worship, Recreation Centres,
Schools, and Long-Term Care Facilities.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) was undertaken by the Building Services Division
prior to submission of the subject application. The PZR confirmed that the proposed
application will not result in any non-compliance with the Zoning By-law for the
proposed severed or retained parcels.
Planning Comments
When considering an application for consent to sever lands, regard shall be had to the
criteria of Section 51 (24) of the Planning Act. This includes, amongst other things:
Matters of Provincial Interest
Conformity with the Official Plan and adjacent plans of subdivision
Suitability of the land for the purpose in which it is to be subdivided
The dimension and shape of the proposed lots
Adequacy of utilities and municipal services
Number and adequacy of highways
Matters of Provincial Interest
Staff are satisfied that the proposed consent application is consistent with the Provincial
Policy Statement and conforms with applicable provincial plans, as the conse nt is to
facilitate the construction of 29 townhouse units on a common-elements condominium
road. The consent application implements the amendments made through Bill 23 and
creates more attainable housing through residential intensification. The infill townhouse
development on the southern portion of the subject lands implements good planning in
building on an underutilized plot of land. Townhouses are often seen as more attainable
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January 9, 2025 5 of 9 Report No. C-2024-06
than detached homes, which helps in providing more housing options for the surrounding
area.
The increase in residential units on the subject lands can also be supported given the
nearby major transit station area (MTSA) which provides commuting options to
residents. Staff believe that the consent application demonstrates good planning and
strives to provide alternative solutions to assist in the creation of new, attainable housing
opportunities.
Conformity with the Official Plan and Adjacent Plans of Subdivision
The proposed consent application will add new, attainable housing that assists the Town
with implementing provincial and regional growth targets while also diversifying the local
housing stock. The proposal will add the infill development of townhouse units on an
underutilized lot fronting onto a regional road being Wellington Street West. The proposed
consent application supports complete community development by providing housing
opportunities in close proximity to commercial and social service amenities, parks, and
public transportation.
The proposed consent application does not conflict with the existing lot fabric of the
adjacent area. It is the opinion of Staff that the use of land is more efficient, particularly
within urban areas where the demand for housing is highest. Townhouses are typically
more land-efficient than single-detached homes, as they require less space per unit. A
development of twenty-nine (29) townhouse units could provide a higher density of
housing without needing a large footprint. This supports provincial goals for more
efficient use of land in areas where land scarcity is a concern.
Suitability of the land and adequacy of utilities, services, highways and access
The proposed new residential development is approximately 1.8 kilometres west of
Yonge Street and Wellington Street East, which provides for a variety of local amenities
within walking distance or a short public transit commute. In addition, the Aurora GO
station is located approximately 2.6 kilometres east of the subject property, allowing the
future residents to be within proximity of a major transit station area. Staff believe that
the proposed consent application provides adequate local services and access to transit
for the residential intensification.
The proposed retained lot (northern portion) will maintain vehicular access off Lacey
Court; however, the proposed severed lot (southern portion) is considered to be land
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January 9, 2025 6 of 9 Report No. C-2024-06
locked, with its current access point being restricted to emergency vehicles only. As
mentioned earlier in this report, the proposed development on the subject lands is
considered as ‘Phase 2’ and is to be interconnected via a private condo road with the
adjacent property to the east at 200 Wellington Street West (Appendix C). A condition of
approval has been implemented that the Owner obtain Site Plan Approval as it pertains
to the adjacent development at 200 Wellington Street West, to ensure that appropriate
vehicular access is available to access the proposed severed lot.
As part of the other related planning applications, the Town’s Engineering Staff and
Region of York have also reviewed the proposed vehicular access off 200 Wellington
Street West and have no objections. Furthermore, the Town has confirmed that municipal
services are available to accommodate the proposed residential development.
Dimension and shape of the proposed lot
Staff are of the opinion that the proposed consent application is generally compatible
with the surrounding area regarding the dimension and shape of both the proposed
severed and retained lot and will not result in any negative impacts on adjacent properties
or the character of the surrounding area. Appropriate access to both parcels will be
maintained and enforced through the implemented condition of approval and associated
Site Plan applications. The existing depth of the property ensures suitability of the site for
maneuverability and to ensure that both parcels can function independently. The
proposed retained and severed lots comply with the Zoning By-law with no associated
minor variances required.
Planning staff are of the opinion that the dimension and shape of the proposed lots is
appropriate, and in fact desirable as part of the efficient use of land.
Additional Comments
The consent application was circulated to Town Departments/Divisions and to external
agencies for review and comment. The following comments were provided:
Department or Agency Comments
Building Division
Preliminary Zoning Review completed.
No objection.
Engineering Division No objection.
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January 9, 2025 7 of 9 Report No. C-2024-06
Department or Agency Comments
Operational Services (Parks) No objection.
Operations (Public Works) No objection.
Central York Fire Services No objection.
York Region No objection.
LSRCA No objection.
Alectra No objection.
Public Correspondence
Written submissions were not received at the time of writing of this report. Should
written submissions be received after writing this report, the Secretary-Treasurer will
provide the submission(s) to Committee members at the meeting.
Conclusion
Staff have reviewed the application with respect to Section 51(24) of the Planning Act,
R.S.O, 1990, c.P.13, as amended, the Provincial Policy Statement, Provincial Plans and
the Town’s Official Plan and are satisfied with the proposed consent application.
Based on the aforementioned, Staff have no objection to approving the Consent
application File. C-2024-06, subject to the conditions attached (Appendix ‘A’).
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Draft R-Plan
Appendix ‘C’ – Proposed Severance Plan
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January 9, 2025 8 of 9 Report No. C-2024-06
Appendix ‘A’ – Conditions of Approval
Planning and Development Services:
1. That the consent only applies to the subject property in conformity with the plans
attached as Appendix ‘B’ to this report, to the satisfaction of the Director of
Planning and Development Services.
2. That the Owner obtain approval from Town of Aurora Council pertaining to the
Official Plan Amendment (OPA-2021-06) and Zoning By-law Amendment (ZBA-
2021-08) applications on the subject lands.
3. That the Owner obtain Site Plan Approval as it relates to Site Plan application (SP-
2022-06) at 200 Wellington Street West.
4. That the Owner provide written confirmation of no outstanding payment of
property taxes owing to date for the subject property, to the satisfaction of the
Secretary-Treasurer.
5. Submission to the Secretary-Treasurer of four (4) white prints of a deposited
Reference Plan for review showing the subject lands, which conforms
substantially to the application form and sketch as submitted with this application
(Appendix ‘B’). One copy of the deposited reference plan must be submitted to the
Town prior to the issuance of the Certificate of Official. Please note, if the
transaction in respect of which the consent was given is not carried out within the
two-year period following issuance of the Certificate of Official, the consent
effectively will lapse [Planning Act, R.S.O. 1990, c.P.13, as amended, s. 53 (43)]
6. Submission to the Secretary-Treasurer of the required draft transfers to effect the
severance applied for under Files C-2024-06 in duplicate, conveying the subject
lands, and issuance by the Secretary Treasurer of the certificate required under
subsection 53(42) of the Planning Act. Subsection 50 (3 or 5) of the Planning Act,
R.S.O 1990, as amended, applies to any subsequent conveyance of or transaction
involving the parcel of land that is the subject of this consent.
7. That the Owner pay the Legal Services Fees ($238.00) regarding the Town’s cost
to obtain a Parcel Abstract/PIN as per section 10 of Application, and written
confirmation be provided to the satisfaction of the Secretary-Treasurer. The
cheque is payable to “The Corporation of the Town of Aurora” quoting file number
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January 9, 2025 9 of 9 Report No. C-2024-06
C-2024-06 and delivered to the attention of Legal Services, 100 John West Way,
Box 1000, Aurora, ON L4G 6J1.
8. That the Owner enter into a Letter of Undertaking to acknowledge the
understanding that the Owner will be required to pay cash-in-lieu of Parkland,
development charges, municipal service connection fees and any other fees as
required and applicable per the Town’s Fees and Charges By-law to the
satisfaction of the Director of Planning and Development Services.
9. Fulfilment of all of the above conditions shall occur within two (2) years of the date
that notice of the decision was given under Section 50(17) or 50(24) of the
Planning Act. R.S.O. 1990, c.P.13, or the consent will lapse.
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