By-law - OLT Amend 5285-10 Official Plan Amendment No.36, 26,30,32,34-38 Berczy St (File OPA-2020-01) - 20250410 - 6698-25The Corporation of the Town of Aurora
By-law Number 6698-25
Being a By-law to amend By-law Number 5285-10, as amended, to adopt
Official Plan Amendment No. 36 (File No. OPA-2020-01).
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 April 10, 2025, the Ontario Land Tribunal (the “OLT”) issued a final order,
under OLT Lead Case No. OLT-21-001950 (the “Order”), approving an amendment to the
Official Plan respecting the lands municipally known as 26, 30, 32, 34-38 Berczy Street,
following an appeal pursuant to Section 22(7) of the 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. 36 to the Official Plan, attached and forming part of
this By-law, be and is hereby approved.
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 the Order.
Pursuant to the Order of the Ontario Land Tribunal issued on the 10th day of April,
2025, under OLT Lead Case No. OLT-21-001950.
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Amendment No. 36
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
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Part I – The Preamble
1. Introduction
This part of the Official Plan Amendment No. 36 (the “Amendment”) entitled Part 1 –
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 change the land use designation from “Aurora
Promenade” to “Aurora Promenade - Site Specific Policy” and to establish the site-
specific policies to permit the use of the lands for a nine (9) storey building, with 550
residential units.
3. Location
The subject lands affected by this Amendment are located on the west side of Berczy
Street, between Mosley Street to the south, and Wellington Street East to the north. The
subject lands are municipally known as 26, 30, 32, 34, and 38 Berczy Street; have a
combined lot area of approximately 0.7 hectares (1.73 acres); and are legally described
as Lots 4, 5, 6, 7, 8, 9 and 10, Plan 68, W/S Berczy Street, save and except Part 1 on Plan
65R-34291, Town of Aurora, Regional Municipality of York.
4. Basis of the Amendment
The basis of the Amendment is as follows:
4.1 Applications for official plan and zoning by-law amendment were filed with the
Town on January 17, 2020, to permit an eight (8) storey mixed use building
consisting of 185 units, 3,818 m2 of office and 1,398 m2 of retail.
4.2 A Statutory Public Meeting was held on June 8, 2021, to present the proposal to
the Public and Town Council.
4.3 The Applications were appealed to the Ontario Land Tribunal on November 25,
2021, for Council’s failure to make a decision with the statutory timeline.
4.4 An Ontario Land Tribunal hearing was held on November 21, 2023, where the
Tribunal approved the appeal in part subject to the finalization of the required
implementing instruments.
4.5 The application conforms with the Region of York Official Plan and is within the
Urban Area.
4.6 The application generally conforms with the Town of Aurora Official Plan
identifying the highest forms of intensification to be located within the Aurora
Promenade and in proximity to a rapid transit station.
4.7 The application conforms with the decision and order issued by the Ontario Land
Tribunal for case number OLT-21-001950, seeking to develop a nine (9) storey, E-
shaped, mixed-use building, including 550 residential units and vehicular access
via Mosley Street.
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4.8 The building will incorporate design features commemorating the former Shoe
Factory, including architectural style, urban design elements, and a
commemorative plaque.
4.9 The proposed development will be subject to a future plan of condominium and
site plan applications.
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 Schedules “A”, “B” and “C” constitutes
Amendment No. 36 to the Official Plan.
2. Details of the Amendment
The Official Plan be and is hereby amended as follows:
Item (1): Schedule “B1” – The Aurora Promenade Secondary Plan Area is amended
by changing the land use designation from “Promenade General” to
“Promenade General” subject to “Site Specific Policy Area” as shown on
Schedule “A” attached hereto and forming part of this Amendment.
Item (2) Schedule “B2” – The Aurora Promenade Building Heights is amended by
changing the permitted height from “Minimum 2-storeys, Maximum 5-
storeys” to ““Minimum 2-storeys, Maximum 9-storeys” as shown on
Schedule “B” attached hereto, and forming part of this Amendment.
Item (3): Schedule "H", Site Specific Policy Areas, being part of the Town of Aurora
Official Plan, be and is hereby amended by designating the Subject Lands
on Schedule “C” attached hereto, and known as 26, 30, 32, 34-38 Berczy
Street as “Site and Area Specific Policy Area 69”.
Item (4) Notwithstanding any policies to the contrary as outlined in the Town of
Aurora Official Plan, “Site and Area Specific Policy No. 69” is added to
Chapter 16 of the Official Plan with the following site-specific use and
policies for the area shown as the Subject Lands on Schedule “A” attached
hereto and forming part of this Plan:
“Section 16.69
a) The maximum building height limits shown on “The Aurora
Promenade - Schedule ‘B2’ Building Heights” forming part of the
Official Plan shall not apply to the Subject Lands, provided that the
maximum building height does not exceed the lesser of 9 storeys or
30.0 metres.”
3. Implementation
This Amendment has been considered in accordance with the provisions of the Town of
Aurora Official Plan. The implementation and interpretation of this Amendment shall be
in accordance with the respective policies of the Official Plan.
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Part III – The Appendices
Schedule “A” – The Aurora Promenade Secondary Plan Area
Schedule “B” – The Aurora Promenade Building Heights
Schedule “C” – Site Specific Policy Areas
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Schedule “A”
The Aurora Promenade Secondary Plan Area
No. 69
69
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Schedule “B”
The Aurora Promenade Building Heights
No. 69
69
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Schedule “C”
Site Specific Policy Areas
No. 69
69