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By-law - OLT Amend 5285-10 Official Plan Amendment No.32, 120 Metcalfe St, 101-103 Mosley St (File OPA-2021-01) - 20240808 - 6624-24The Corporation of t he Town of Aurora By-law Number 6624-24 Being a By-law to amend By-law Number 5285-10, as amended, to adopt Official Plan Amendment No. 32 (File No. OPA-2021-01). 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; 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. 32; 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 8, 2024, the OLT issued an order, under OLT Case No. OLT-22- 004377 (the “Order”) approving an amendment to By-law Number 5285-10, as amended, to adopt Official Plan Amendment No. 32, respecting the lands municipally known as 120 Metcalfe Street, 101 and 103 Mosley Street, following an appeal pursuant to Section 17(24) of the Planning Act; And whereas Official Amendment No. 32 to By-law Number 5285-10, as amended, will be continued under Official Plan Amendment No. 2 to the Official Plan; Now therefore the Official Plan is amended by the Ontario Land Tribunal as follows: 1. Official Plan Amendment No. 32 to By-law Number 5285-10, as amended, attached and forming part of this by-law, be and is hereby adopted. 2. Official Plan Amendment No. 2 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 approval hereof. 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 6624-24 Page 2 of 6 Amendment No. 32 (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 6624-24 Page 3 of 6 Part I – The Preamble 1. Introduction This part of the Official Plan Amendment No. 32 to By-law Number 5285-1, 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 add Site and Area Specific Policy 65 to the Official Plan. The provision of this Amendment will allow for a nine (9) storey mixed-use building with 600 residential units, on the Subject Lands. 3. Location The lands affected by this Amendment are located on the west side of Berczy Street, south Mosley Street and north of Metcalfe Street. They are municipally known as 101- 103 Mosley Street and 120 Metcalfe Street; having a total combined area of approximately 10,477 square metres; and are legally described as 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 (together, the “Subject Lands”). 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 of Aurora for consideration in 2020, to facilitate the development of an eight (8) storey mixed use building and containing a total of 361 dwelling units and 597 square metres of retail space, and 18 three (3) storey townhouses. The proposal was amended to include a (9) storey mixed-use building containing 600 dwelling units and 230 square metres of retail space. 4.2 The official plan amendment and zoning by-law amendment applications were appealed to the Ontario Land Tribunal (OLT) as council had not yet made a decision on the applications. 4.3 Schedule B2 of By-law Number 5285-10, as amended, restricts the maximum building height on the portion the Subject Lands designated as “The Aurora Promenade” on Schedule A of the Official Plan to five (5) storeys. An amendment to By-law Number 5285-10, as amended, is necessary to permit the mixed-use building’s height of nine (9) storeys. 4.4 Sections 11.6.2.a) ii, 11.6.2.c), 11.6.2.f), 11.8.b), and 11.8.d) provide broad built form and development standards. An amendment to By-law Number 5285-10, as amended, is required to permit the proposed site-specific built form. 4.5 Sections 11.10.f) i and 11.10.f) ii include several policies regarding the configuration and location of ‘Urban Squares’. An amendment to By-law Number 5285-10, as amended, is required to permit the proposed configuration of public open spaces on the Subject Lands. By-law Number 6624-24 Page 4 of 6 4.6 The policies of the Amendment are considered to be compatible and appropriate, which will result in a complementary built form. 4.7 Appropriate development of the Subject Lands will be achieved through the implementation of policies of By-law Number 5285-10, as amended, and this Amendment and the urban design guidelines as part of the Town’s site plan control process. 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” and attached hereto constitutes Amendment No. 32 to By-law Number 5285-10, as amended. The effect of this Amendment is to amend to By-law Number 5285-10, as amended, to permit the development of a nine (9) storey mixed use building. 2. Details of the Amendment By-law Number 5285-10, as amended, be and is hereby amended as follows: Item (1): Schedule "H", Site Specific Policy Areas, being part of to By-law Number 5285-10, as amended, be and is hereby amended by designating the Subject Lands on Schedule “A” attached hereto, and known as 101-103 Mosley Street and 120 Metcalfe Street as “Site and Area Specific Policy Area 65”. Item (2): Notwithstanding any policies to the contrary as outlined in to By-law Number 5285-10, as amended, “Site and Area Specific Policy No. 65” is added to Chapter 20 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 20.65 i) The provisions of Sections 11.6.2 f) of the Official Plan do not apply to the Subject Lands. ii) The maximum 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 nine (9) storeys or 32 metres. iii) The provisions of 11.6.2.a) ii, 11.6.2.c), 11.8.b), 11.8.d) iii shall not apply to the lands the Subject Lands. iv) The provisions of 11.10.f) i and 11.10.f) ii may be satisfied through the provision of publicly accessible open space generally at the northwest corner of the Subject Lands.” 3. Implementation This Amendment has been considered in accordance with the provisions of to By-law Number 5285-10, as amended. The implementation and interpretation of this By-law Number 6624-24 Page 5 of 6 Amendment shall be in accordance with the respective policies of to By-law Number 5285-10, as amended. Part III – The Appendices Schedule “A” By-law Number 6624-24 Page 6 of 6 Schedule “A”