By-law - OLT Amend 6000-17 Zoning Bylaw Amendment, 120 Metcalfe St, 101-103 Mosley St (File ZBA-2021-01) - 20240808 - 6625-24The Corporation of the Town of Aurora
By-law Number 6625-24
Being a By-law to amend Zoning By-law Number 6000-17, as amended,
respecting the lands municipally known as 120 Metcalfe Street and 101-
103 Mosley Street (File No. ZBA-2021-01).
Whereas under section 34 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 (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 and the Local Planning Appeal Tribunal (the “LPAT”) is continued
under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario
Municipal Board or OMB or Local Planning Appeal Tribunal or LPAT is deemed to be a
reference to the Tribunal;
And whereas on August 8, 2024, the Tribunal issued an order, under OLT Case No. OLT-
22-004377 (the “Order”) approving an amendment to the Zoning By-law respecting the
lands municipally known as 120 Metcalfe Street, 101 and 103 Mosley Street, Aurora,
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 “General
Employment E2 Zone” and “Special Mixed Density Residential R7-SN (497) Zone”
zoning categories applying to the lands on Schedule “A” attached hereto and
forming part of this By-law with “Promenade Downtown Shoulder-Special Mixed
Density Residential PDS4 (557) Exception Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
“24.557 Promenade Downtown Shoulder-Special Mixed Density Residential PDS4
(557) Exception Zone
Parent Zone: PSD4
Exception No.: 557 Map 5 Previous Zone:
E2 and R7-SN (497) Previous By-laws:
Municipal Address: 101-103 Mosley Street & 120 Metcalfe Street
Legal Description: Lot 23 (south side of Mosley Street); Lots 11, 12, 13, 14, 15, 16
(west side of Berczy Street); Part of Lots 17, 18, and 19 (west side of
Berczy Street); Part of Lot 17 (north side of Metcalfe Street); Part of
By-law Number 6625-24 Page 2 of 5
Lot 11 (east side of Larmont Street); Registered Plan 68 Town of
Aurora, Regional Municipality of York
24.557.1 Uses Permitted
In addition to the uses permitted in the PDS4 Zone in Section 8.1, all of the uses
permitted in the PDS1 zone are also permitted and may be constructed in phases.
24.557.2 Site Specifications
For the purposes of By-law 6000-17, the lot line abutting Berczy Street shall be
deemed to be the Front Lot Line for the purposes of determining zone standards.
Notwithstanding any other provisions to the contrary, the following shall apply:
Minimum Front Yard 1.2 metres
Minimum Exterior Side Yard (north) 0.8 metres
Minimum Exterior Side Yard (south) 1.0 metres
Minimum Interior Side Yard (south) 8.5 metres
Minimum Rear Yard 9.0 metres
Notwithstanding any other provisions to the contrary, balconies, steps and canopies
may project into the required yards by:
• Front Yard: 1.2 metres
• Exterior Side Yard (north): 0.8 metres
• Exterior Side Yard (south): 1.0 metres
• Rear Yard: 1.0 metres
• No projections are permitted into the Town’s right-of-way.
24.557.3 Building Specifications
Notwithstanding any other provisions to the contrary, the following shall apply:
Building Height (Maximum) 32 metres or 9 storeys, whichever is less.
For the purpose of this by-law, a roof
parapet, mechanical penthouse and
associated features are not counted
towards building height.
Maximum Lot Coverage 65%
Maximum Number of Dwelling Units 600
24.557.5 Landscaping
Notwithstanding the provisions of Section 4.8, no minimum landscaping strip is
required in the front yard.
By-law Number 6625-24 Page 3 of 5
24.557.6 Parking Standards
Notwithstanding any other provision to the contrary, a tandem parking space is
permitted and shall be considered as required parking.
Notwithstanding any other provision to the contrary, compliance with the Parking
Standards included herein, shall be required upon completion of all phases and not
for an individual phase.
Parking Spaces (Minimum) 395 spaces
Residential Spaces (Minimum) 324 spaces
Visitor (Minimum) 60 spaces
Non-residential (Minimum) 30 spaces
24.557.7 Amenity Area
Notwithstanding the provisions of Section 7.5.2.2 the following standards shall apply:
A minimum of 10 square metres of Amenity Area shall be provided per dwelling unit.
A minimum of 1,200 square metres of the required Amenity Area is provided as
indoor amenity space.
Notwithstanding any other provision to the contrary, compliance with the Amenity
Area standards included herein, shall be required upon completion of all phases and
not for an individual phase.”
3. Notwithstanding any future severance of the of the lands outlined on “Schedule
A” the provisions of this by-law shall apply to the whole of the lands outlined on
“Schedule A”.
4. 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 approval hereof.
5. If five (5) years have elapsed from enactment of this By-law and no building
permit has been issued under the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, for the lands within that time, then this By-law shall automatically
repeal and if so repealed, the zoning of the lands will revert to the zoning existing
prior to the enactment of this By-law.
Pursuant to the Order of the Ontario Land Tribunal issued on the 8th day of August,
2024, under OLT Case No. OLT-22-004377.
By-law Number 6625-24 Page 4 of 5
Explanatory Note
Re: By-law Number 6625-24
By-law Number 6625-24 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 “General Employment E2 Zone” and
“Special Mixed Density Residential R7-SN (497) Zone” to “Promenade Downtown
Shoulder-Special Mixed Density Residential PDS4 (557) Exemption Zone”. The rezoning
will permit a nine (9) storey mixed-use building with a total of 600 residential units.
By-law Number 6625-24 Page 5 of 5
Schedule “A”
Location: Lot 23 (south side of Mosley Street); Lots 11, 12, 13, 14, 15, 16 (west
side of Berczy Street); Part of Lots 17, 18, and 19 (west side of Berczy
Street); Part of Lot 17 (north side of Metcalfe Street); Part of Lot 11 (east
side of Larmont Street); Registered Plan 68 Town of Aurora, Regional
Municipality of York
Lands rezoned from “General Employment E2 Zone” and “Special Mixed
Density Residential R7-SN (497) Zone” to “Promenade Downtown
Shoulder-Special Mixed Density Residential PDS4 (557) Exception
Zone”.