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By-law - OLT Amend 6000-17 Zoning Bylaw Amendment, 14700 and 14720-14760 Yonge St (File ZBA-2021-04) - 20241018 - 6649-24 The Corporation of the Town of Aurora By-law Number 6649-24 Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 14700 and 14720-14760 Yonge Street (File No. ZBA-2021-04). Whereas under section 34(1) 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, as amended (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 the OMB or Local Planning Appeal Tribunal or LPAT is deemed to be a reference to the Tribunal; And whereas on October 18, 2024, the Tribunal issued an order, under OLT Case No. OLT-23-000209 (the “Order”) approving an amendment to the Zoning By-law respecting the lands municipally known as 14700 and 14720-14760 Yonge Street, 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 “Community Commercial C4(221) Exception Zone” and the “Community Commercial C4(514) Exception Zone” zoning categories applying to the lands shown in hatching on Schedule “A” attached hereto and forming part of this By-law with “Mixed Residential Commercial C6(554) Exception Zone” and “Hold (H) Mixed Residential Commercial C6(555) Exception Zone”. 2. The Zoning By-law be and is hereby amended to add the following: “24.554 Mixed Residential Commercial C6(554) Exception Zone Parent Zone: C6 Exception No.: 554 Map: 4 Previous Zones: C4 (221) C4 (514) Previous By-laws: 6175-19 Municipal Address: 14700 Yonge Street (Phase 1, Southern Site) Legal Description: Part Lots 76 & 77 Concession 1 WYS, Part 3 65R-18443 By-law Number 6649-24 Page 2 of 10 24.554.1 Permitted Uses In addition to the permitted uses listed under the Mixed Residential Commercial C6 zone in Section 9.1 of Comprehensive Zoning By-law 6000-17, the following uses are also permitted: - Animal hospital; - Apartment dwelling units at grade and above; - Commercial school; - Communal housing; - Dry-cleaning establishment; - Garden centre; - Hotel; - Institutional uses; - Live-work units; - Parks; - Parking facilities at grade and/or in structure associated with a permitted use; - Personal service shop; - Place of entertainment; - Place of worship; - Public and private utilities; - Public authority; - Temporary Sales Trailer and / or Office; - Tourist information centre; - Townhouse dwelling units at grade and above; - Urban squares. Notwithstanding the above, prior to a building permit being issued for a building(s) containing Apartment dwelling units or Townhouse dwelling units, the permissions of the C4 (514) zone shall continue to apply, as existed on the date of passing. 24.554.2 Zone Requirements 24.554.2.1 Lot Specifications The front lot line shall be Yonge Street. Despite any existing or future conveyance, consent, severance, partition or division of the lot, the provisions of this C6(554) Zone shall apply to the lands shown hatched on Schedule ‘A’ as if no conveyance, consent, severance, partition, or division occurred. 24.554.2.2 Siting Specifications Minimum Side Yard (north): 27.0 m Minimum Rear Yard (west): 7.0 m Minimum Front Yard (Yonge Street): 5.0 m Minimum Side Yard (south): 7.0 m By-law Number 6649-24 Page 3 of 10 24.554.2.3 Building Specifications Maximum Unit Total: 480 Maximum Retail GFA: 900 square metres Maximum Lot Coverage: 50% Minimum Lot Coverage: 40% Maximum Building Height: Refer to the Height Figure included under Section 24.554.8 For Part A: 6 storeys or 23 metres, whichever is less measured from Average Finished Grade, excluding mechanical penthouse, equipment, parapets and other building appurtenances. For Part B: 7 storeys or 28 metres, whichever is less measured from Average Finished Grade, excluding mechanical penthouse, equipment, parapets and other building appurtenances. For purposes of this by-law, mechanical penthouse and amenity room floor space above the 7th storey shall be permitted and shall not constitute a storey provided the total GFA for the amenity room does not exceed 450 sq m. The above maximum height permissions are only permitted if the following requirements can be met: i) A minimum building stepback of 1.5 metres shall be provided for the main front wall and exterior side wall at or below the fourth storey from the front yard and exterior side yard respectively; ii) A building greater than four storeys must be located within a 45 degree angular plane measured from the western property line of the lot; 24.554.3 Parking Standards Minimum Non-Residential Spaces: 3.5 spaces per 100 sq m Minimum Resident Spaces: 0.8 spaces per dwelling unit Minimum Visitors Spaces: 0.2 spaces per dwelling unit Required Non-Residential and Visitor Parking Spaces may be shared to meet the above requirements. Notwithstanding Section 5.2 of Comprehensive Zoning By-law 6000-17 the minimum parking space sizes shall be: i) 2.6 m x 5.6 m for single and tandem parking spaces; and By-law Number 6649-24 Page 4 of 10 ii) 2.6 m x 6.5m for parallel parking spaces. 24.554.4 Ingress and Egress Notwithstanding the provisions of Section 5.5.4 (Ingress and Egress) of Comprehensive Zoning By-law 6000-17, the following standards shall apply: • The minimum width of the private streets and drive aisles leading to parallel and 90 degree parking spaces shall be 6.0 metres. • A maximum of two entrance and exit ramps for automobile traffic shall be permitted (four over the total of 14700 Yonge Street and 14720 and 14760 Yonge Street) provided that each dual direction access ramp shall have a minimum width of 6.0 metres and a maximum width of 7.5 metres, at the street line. 24.554.5 Access to Commercial and Employment Zones from Residential Zones Section 5.5.5 of Comprehensive Zoning By-law 6000-17 shall not apply. 24.554.6 Amenity Area The minimum amenity space provision shall be 18 sq m per dwelling unit combined for indoor and outdoor amenity space. 24.554.7 Landscaping and Buffer Strips A strip of land shall be provided adjacent to the entire length of the western and southern lot lines which shall be used for no other purpose than landscaping. For the purposes of this section, such landscaping may include retaining walls and curbs and can be located within the rear yards of townhouse buildings. The width of the landscaping strips shall be a minimum of 3.0 metres abutting the southern and western property lines except when adjacent to a driveway, in which it may be reduced to 1.0 m and may be crossed by a perpendicular driveway. Notwithstanding the provisions of Section 4.8 of Comprehensive Zoning By-law 6000- 17, a planting strip with a minimum width of 3 metres shall be provided along the entire length of the western property line and can be located within the rear yards of townhouse buildings. 24.554.8 Height and Phasing Figure “ 3. The Zoning By-law be and is hereby amended to add the following: “24.555 Hold (H) Mixed Residential Commercial C6(555) Exception Zone By-law Number 6649-24 Page 5 of 10 Parent Zone: (H)C6 Exception No.: 555 Map: 4 Previous Zones: C4 (221) Previous By-laws: 3726-96.D, 3828-97.D Municipal Address: 14720-14760 Yonge Street (Phase 2, Northern Site) Legal Description: Concession 1 WYS, Part 3 65R-18443 24.555.1 Permitted Uses In addition to the permitted uses listed under the Mixed Residential Commercial C6 zone in Section 9.1 of Comprehensive Zoning By-law 6000-17, the following uses are also permitted: - Animal hospital; - Apartment dwelling units at grade and above; - Commercial school; - Communal housing; - Dry-cleaning establishment; - Garden centre; - Hotel; - Institutional uses; - Live-work units; - Parks; - Parking facilities at grade and/or in structure associated with a permitted use; - Personal service shop; - Place of entertainment; - Place of worship; - Public and private utilities; - Public authority; - Temporary Sales Trailer and / or Office; - Tourist information centre; - Townhouse dwelling units at grade and above; - Urban squares. 24.555.2 Zone Requirements 24.555.2.1 Lot Specifications The front lot line shall be Murray Drive, and the exterior side lot line shall be Yonge Street. Despite any existing or future conveyance, consent, severance, partition or division of the lot, the provisions of this (H)C6(555) Zone shall apply to the lands shown hatched By-law Number 6649-24 Page 6 of 10 on Schedule “A” as if no conveyance, consent, severance, partition, or division occurred. 24.555.2.2 Siting Specifications Minimum Front Yard (Murray Drive): 5.0 m Minimum Interior Side Yard (west): 7.0 m Minimum Exterior Side Yard (Yonge Street): 5.0 m Minimum Exterior Side Yard Daylight Triangle Setback: 3.0 m Minimum Rear Yard (southern property boundary): 12.0 m 24.555.2.3 Building Specifications Maximum Unit Total: 420 Maximum Retail GFA: 1,800 square metres Maximum Lot Coverage: 60% Minimum Lot Coverage: 40% Maximum Building Height: Refer to the Height Figure included under Section 24.555.8 For Part A: 6 storeys or 23 metres, whichever is less measured from Average Finished Grade, excluding mechanical penthouse, equipment, parapets and other building appurtenances. For Part B: 7 storeys or 28 metres, whichever is less measured from Average Finished Grade, excluding mechanical penthouse, equipment, parapets and other building appurtenances. For purposes of this by-law, mechanical penthouse and amenity room floor space above the 7th storey shall be permitted and shall not constitute a storey provided the total GFA for the amenity room does not exceed 450 sq m. The above maximum height permissions are only permitted if the following requirements can be met: i) A minimum building stepback of 1.5 metres shall be provided for the main front wall and exterior side wall at or below the fourth storey from the front yard and exterior side yard respectively; By-law Number 6649-24 Page 7 of 10 ii) A building greater than four storeys must be located within a 45 degree angular plane measured from the western property line of the lot; 24.555.3 Parking Standards Minimum Non-Residential Spaces: 3.5 spaces per 100 sq m Minimum Resident Spaces: 0.8 spaces per dwelling unit Minimum Visitors Spaces: 0.2 spaces per dwelling unit Required Non-Residential and Visitor Parking Spaces may be shared to meet the above requirements. Notwithstanding Section 5.2 of Comprehensive Zoning By-law 6000-17, the minimum parking space sizes shall be: i) 2.6 m x 5.6 m for single and tandem parking spaces; and ii) 2.6 m x 6.5m for parallel parking spaces. 24.555.4 Ingress and Egress Notwithstanding the provisions of Section 5.5.4 (Ingress and Egress) of Comprehensive Zoning By-law 6000-17, the following standards shall apply: • The minimum width of the private streets and drive aisles leading to parallel and 90 degree parking spaces shall be 6.0 metres. • A maximum of two entrance and exit ramps for automobile traffic shall be permitted (four over the total of 14700 Yonge Street and 14720 and 14760 Yonge Street) provided that each dual direction access ramp shall have a minimum width of 6.0 metres and a maximum width of 7.5 metres, at the street line. 24.555.5 Access to Commercial and Employment Zones from Residential Zones Section 5.5.5 of Comprehensive Zoning By-law 6000-17 shall not apply. 24.555.6 Amenity Area The minimum amenity space provision shall be 18 sq m per dwelling unit combined for indoor and outdoor amenity space. 24.555.7 Landscaping and Buffer Strips A strip of land shall be provided adjacent to the entire length of the western lot lines which shall be used for no other purpose than landscaping. For the purposes of this section, such landscaping may include retaining walls and curbs and can be located within the rear yards of townhouse buildings. The width of the landscaping strips shall be a minimum of 3.0 metres abutting the western property lines except when adjacent to a driveway, in which it may be reduced to 1.0 m and may be crossed by a perpendicular driveway. Notwithstanding the provisions of Section 4.8 of Comprehensive Zoning By-law 6000- 17, a planting strip with a minimum width of 3 metres shall be provided along the entire length of the western property line and can be located within the rear yards of townhouse buildings. By-law Number 6649-24 Page 8 of 10 24.555.8 Figure 24.555.9 Holding Symbol Notwithstanding the provisions of Section 24.555, while the “(H)” Holding symbol is in place for the subject lands, no person shall within the lands zoned (H)C6(555) on Schedule “A” attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses permitted by the C4(221) Zone, which existed on the date of Passing. 24.555.10 Removal of Holding Symbol Prior to the passing of a by-law to remove the “(H)” Holding symbol from the lands zoned (H)C6(555) or any part thereof, the Town of Aurora shall be satisfied that the following conditions shall have been complied with: a) The Town of Aurora has approved a transfer of servicing allocation to this Phase 2 development that is not dependent upon the completion of infrastructure; or York Region has advised in writing that the required infrastructure to support the capacity assignment associated with this development will be completed within a time period acceptable to the Region to permit the plan registration; or the Regional Commissioner of Environmental Services has confirmed servicing allocation for this development by a suitable alternative method and the Town of Aurora has allocated capacity to this development.” 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 the Order. 5. If a building permit that is necessary for the development of the Phase 1 lands zoned C6(554) has not been issued under the Building Code Act, 1992, S.O, 1992, c.23, as amended, for any building or structure so authorized by this By-law within 7 years from the date of the final OLT Order being issued, then a Holding symbol as shall be imposed on these Phase 1 lands, with a requirement for the removal of the Holding Symbol being that the applicant obtain new servicing allocation from the Town. Pursuant to the Order of the Ontario Land Tribunal issued on the 18th day of October, 2024, under OLT Case No. OLT-23-000209. By-law Number 6649-24 Page 9 of 10 Explanatory Note Re: By-law Number 6649-24 By-law Number 6649-24 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 “Community Commercial C4(221) Exception Zone” and “Community Commercial C4(514) Exception Zone” zoning categories to “Mixed Residential Commercial C6(554) Exception Zone” and “Hold (H) Mixed Residential Commercial C6(555) Exception Zone”. The rezoning will permit redevelopment of the existing commercial plaza to a mixed use development consisting of 900 residential units (480 units Phase 1, 420 units Phase 2) and retail / commercial uses within mid-rise and townhouse buildings on the consolidated site that is currently known as 14700 and 14720-14760 Yonge Street. The development will be phased with Phase 2 requiring the lifting of a holding provision prior to development proceeding. Site-specific performance standards pertaining to parking, height, amenity area and setbacks will apply. By-law Number 6649-24 Page 10 of 10 Schedule “A” Lands rezoned from “Community Commercial C4(514) Exception Zone” and “Community Commercial C4(221) Exception Zone” to “Mixed Residential Commercial C6(554) Exception Zone”. Lands rezoned from “Community Commercial C4(514) Exception Zone” and “Community Commercial C4(221) Exception Zone” to “Hold (H) Mixed Residential Commercial C6(555) Exception Zone”.