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By-law - OLT Amend 5285-10 Official Plan Amendment No.33, 1289 Wellington St East (File OPA-2022-02) - 20240816 - 6626-24 The Corporation of the Town of Aurora By-law Number 6626-24 Being a By-law to amend By-law Number 5285-10, as amended, to adopt Official Plan Amendment No. 33 (File No. OPA-2022-02). 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; And whereas an appeal was filed with Ontario Land Tribunal (the “OLT”), pursuant to Section 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”), regarding an amendment to By-law Number 5285-10, as amended, to adopt Official Plan Amendment No. 33; And whereas on January 30, 2024, the Council of the Town enacted By-law Number 6579-24, as amended, to adopt the Town of Aurora Official Plan dated January 2024, and to repeal By-law Number 5285-10, as amended, (the “Official Plan”), which is under appeal; And whereas on August 26, 2024, the OLT issued an order, under OLT Case No. OLT-22- 004187 (the “Order”) approving an amendment to By-law Number 5285-10, as amended, to adopt Official Plan Amendment No. 33, respecting the lands municipally known as 1289 Wellington Street, following an appeal pursuant to Section 17(24) of the Planning Act; And whereas Official Amendment No. 33 to By-law Number 5285-10, as amended, will be continued under Official Plan Amendment No. 3 to the Official Plan; Now therefore the Official Plan is amended by the Ontario Land Tribunal as follows: 1. Official Plan Amendment No. 33 to By-law Number 5285-10, as amended, attached and forming part of this by-law, be and is hereby approved. 2. Official Plan Amendment No. 3 to the Official Plan be and is hereby approved upon the Official Plan coming into full force and effect. 3. 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 2024, under OLT Case No. OLT-22-004187. By-law Number 6626-24 Page 2 of 6 Amendment No. 33 (to By-law Number 5285-10, as amended) ______________________________________________________________________________________ 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 6626-24 Page 3 of 6 Part I – The Preamble 1. Introduction This part of the Official Plan Amendment No. 33 to By-law Number 5285-10, as amended (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 “Business Park” and “Linear and Other Open Space” to “Medium-High Density Residential” and “Linear and Other Open Space”; and to realign the “Recommended Environmental Protection Line”. The amendment will allow for a maximum 7 storey residential development containing a maximum of 698 apartment units, 40 townhouse units and 8 detached dwelling units within the “Medium-High Density Residential” designation and define the open space and natural features on the site within the “Linear and Other Open Space” designation and the “Recommended Environmental Protection Line”. 3. Location The lands affected by this Amendment are located at the south side of Wellington Street East, on the West side of Leslie Street, forming the south-western corner of these two roadways. They are municipally known as 1289 Wellington Street East; having a lot area of approximately 14.47 acres (5.86 hectares); and are legally described as Part of Lot 20, Concession 2 (AW), designated as Part 10, Plan 65R-36523, Town of Aurora (the “Subject Lands”). Past use of the subject lands is undeveloped vacant rural land. 4. Basis of the Amendment The basis of the Amendment is as follows: 4.1 Official plan amendment and zoning by-law amendment applications were submitted to the Town for consideration to permit the development of three (3) apartment buildings and 12 townhouse blocks. 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. Minor changes to the number of dwellings shall not require an amendment to this Amendment. 4.2 The official plan amendment application, to amend By-law Number 5285-10, as amended, was submitted to redesignate the Subject Lands from “Business Park” and “Linear and Other Open Space” to “Medium-High Density Residential” and “Linear and Other Open Space”, and to realign the “Recommended Environmental Protection Line”. The “Medium-High Density Residential” designation would permit the apartment, townhouse, and detached dwelling development, and the Amendment also requested a site-specific policy to include permitted uses for ‘apartment’, ‘townhouse’, and ‘detached dwelling’ development, as well as to By-law Number 6626-24 Page 4 of 6 permit a maximum net residential density of approximately 161 units per hectare and maximum height of seven (7) storeys. The “Linear and Other Open Space” designation and “Recommended Environmental Protection Line” will define open space and natural features on the site. 4.3 A Statutory Public Planning Meeting was held by the Town’s Council on June 14, 2022, to obtain input from members of the public and Town Council. 4.4 The applicant appealed the applications in June 2022 due to Council’s refusal decision. 4.5 The hearing was held by the Ontario Land Tribunal (the “Tribunal”) from February 26-29, 2024 and March 5-6, 2024. The decision and interim order of the Tribunal was issued on April 19, 2024. 4.6 In accordance with the decision and interim order of the Tribunal, issued on April 19, 2024, and the final order, issued on August 26, 2024, the Amendment redesignates the Subject Lands from “Business Park” and “Linear and Other Open Space” to “Medium-High Density Residential” and “Linear and Other Open Space”, and realigns the “Recommended Environmental Protection Line”. The “Medium- High Density Residential” designation permits the apartment, townhouse, and detached dwelling development, and the Amendment also requested a site- specific policy to include permitted uses for ‘apartment’, ‘townhouse’, and ‘detached dwelling’ development, as well as to permit a maximum net residential density of 201 units per hectare and maximum height of seven (7) storeys. The “Linear and Other Open Space” designation and “Recommended Environmental Protection Line” will define open space and natural features on the site. 4.7 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. 4.8 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 Schedule “A, constitutes Amendment No. 33 to By-law Number 5285-10, as amended. The effect of this Amendment is to amend By-law Number 5285-10, as amended, to permit the development of four seven (7) storey apartment buildings, three (3) storey townhouses and three (3) storey detached dwellings. 2. Details of the Amendment By-law Number 5285-10, as amended, be and is hereby amended as follows: Item (1): Schedule “A”, Structure Plan, being part of By-law Number 5285-10, as amended, is hereby amended by changing the land use designation for the Subject Lands municipally described as 1289 Wellington Street East, Town of Aurora in the Regional Municipality of York, from “Business Park”, “Linear and By-law Number 6626-24 Page 5 of 6 Other Open Space” and “Recommended Environmental Protection Line” to “Medium-High Density Residential”, “Linear and Other Open Space” and “Recommended Environmental Protection Line”, 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 By-law Number 5285-10, as amended, be and is hereby amended by designating the Subject Lands on Schedule “A” attached hereto, and municipally known as 1289 Wellington Street East, Town of Aurora in the Regional Municipality of York as “Site and Area Specific Policy Area 66”. Item (3): Notwithstanding any policies to the contrary as outlined in By-law Number 5285-10, as amended, “Site and Area Specific Policy No. 66” is added to Chapter 20 of By-law Number 5285-10, as amended, 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 20.66 i.) Notwithstanding Official Plan Amendment 30, the permitted uses shall include Townhouses, Apartments, and Detached Dwelling Units. ii.) Notwithstanding Official Plan Amendment 30, the permitted maximum net residential density shall be 201 units per hectare. iii.) Notwithstanding Official Plan Amendment 30, the permitted maximum height shall be seven (7) storeys for Apartment Buildings, and three (3) storeys for townhouse and detached dwelling units. iv.) The maximum height provisions applying to specific portions of the Subject Lands are implemented by way of the site-specific Zoning By- law Amendment. v.) Apartment buildings taller than 4 (four) storeys are subject to side yard step-backs and shall be implemented by way of the site-specific Zoning By-law Amendment.” 3. Implementation This Amendment has been considered in accordance with the provisions of By-law Number 5285-10, as amended. The implementation and interpretation of this Amendment shall be in accordance with the respective policies of By-law Number 5285- 10, as amended. Part III – The Appendices Schedule “A” – Land Use Plan By-law Number 6626-24 Page 6 of 6 Schedule “A”