By-law - OLT Amend 6000^17 Zoning Bylaw Amendment, 271 Holladay Drive (File ZBA^2021^05) - 20230821 - 6538^23The Corporation of the Town of Aurora
By-law Number 6538-23
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 271 Holladay Drive (File No.
ZBA-2021-05).
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 is continued under the name Ontario Land Tribunal (the “OLT”),
and any reference to the Ontario Municipal Board or the OMB is deemed to be a
reference to the OLT;
And whereas on August 21, 2023, the OLT issued a Decision and Order, under OLT Case
No. OLT-22-001975 (the “Order”) approving an amendment to the Zoning By-law
respecting the lands municipally known as 271 Holladay Drive, 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 “Mixed Residential
Commercial C6 (421) Exception Zone” applying to the lands shown on Schedule
“A” attached hereto and forming part of this By-law with “Second Density
Apartment Residential RA2 (550) Exception Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
24.550 Second Density Apartment Residential RA2 (550) Exception Zone
Parent Zone: RA2
Exception No.: (550)
Map: 8
Previous Zone:
C6 (421)
Previous By-laws:
5764-15
Municipal Address: 271 Holladay Drive
Legal Description: Block 140, Registered Plan 65M-4519
24.550.1 Permitted Uses
Notwithstanding Section 7.3 of Comprehensive Zoning By-law 6000-17, the following
uses are permitted:
By-law Number 6538-23 Page 2 of 6
• One apartment building with a maximum of 147 units.
24.550.2 Zone Requirements
24.550.2.1 Lot Specifications
Lot area (minimum) per dwelling: 35.0 square metres
24.550.2.2 Siting Specifications
Leslie Street, or a reserve abutting Leslie Street, shall be deemed the front lot line.
Holladay Drive and Badgerow Way, or a reserve abutting these streets, shall be deemed
exterior side lot lines. The intersecting portion of Holladay Drive and Badgerow Way, as
the western extent of the lot, or a reserve abutting these streets, shall be deemed the
rear lot line.
Reference to the Siting Specification Figure under Section 24.550.3 of this By-law shall
be used to determine all appropriate site specifications and setbacks including but not
limited to the following:
Front Yard (minimum – Leslie Street) 3.0 metres
Exterior Side Yard (minimum – Holladay Drive
and Badgerow Way) 3.0 metres
Rear Yard (minimum) 14.8 metres
Setbacks to the Daylight Triangle of Leslie
Street and Holladay Drive (minimum) 1.5 metres
Yard Setbacks for Below Grade Structures
(minimum) 0.4 metres
24.550.2.3 Building Specifications
Lot Coverage (maximum) 47%
Gross Floor Area (maximum) 13,000 square metres
Building Height (maximum)
6 storeys (maximum 25.0 metres). For
the purposes of this By-law, mechanical
penthouse and amenity room floor
space above the 6th storey shall be
permitted and shall not constitute a
storey provided the total GFA for the
amenity room does not exceed 61
square metres.
24.550.2.4 Parking Standards
By-law Number 6538-23 Page 3 of 6
Total Resident and Visitor Parking Spaces
(Minimum) 1.3 spaces per dwelling unit
Of which, Resident Parking Spaces
(Minimum) 1.0 space per dwelling unit
Of which, Visitor Parking Spaces (Minimum) 0.3 spaces per dwelling unit
24.550.2.5 Amenity Area
Notwithstanding the provisions of Section 7.5.2.2 (Amenity Area) of Comprehensive
Zoning By-law 6000-17, the following standards shall apply:
• A minimum of 23% of the required Amenity Area is to be provided as interior
amenity space.
24.550.2.6 Landscaping Strip
Notwithstanding Section 4.8.1 of Comprehensive Zoning By-law 6000-17, the minimum
landscape strip shall be 3 metres provided between the building’s exterior walls and the
rear (west) and exterior side yard (south and west) except as required for vehicular
driveways and turning movement areas, and may include private amenity space such as
walkways and gated / fenced in terraces and hydro transformers.
24.550.2.7 Encroachments
The following additional encroachments into a required yard are permitted:
Structure or Feature Applicable Yard Maximum Encroachment into a
Minimum Yard
Terraces Exterior Side Yards
Front Yards
2.5 metres
1.0 metre
Steps, Landings Front Yards
Steps, Landings shall not
encroach into the minimum Front
Yard no closer than 2 metres
from the Front Lot Line
24.550.3 Siting Specifications Figure
A Siting Specifications Figure is included below as an operable part of this By-law.
By-law Number 6538-23 Page 4 of 6
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 21st day of August,
2023, under OLT Case No. OLT-22-001975.
N Siting Specifications Figure – 271 Holladay Drive
All measurements shown in metres
By-law Number 6538-23 Page 5 of 6
Explanatory Note
Re: Zoning By-law Number 6538-23
By-law Number 6538-23 has the following purpose and effect:
To amend Zoning By-law 6000-17, as amended, being the Zoning By-law in effect in the
Town of Aurora, to rezone the subject lands from “Mixed Residential Commercial C6
(421) Exception Zone” to “Second Density Apartment Residential RA2 (550) Exception
Zone” and facilitate the development of a residential apartment building consisting of
147 units at the property currently known as 271 Holladay Drive.
By-law Number 6538-23 Page 6 of 6
Schedule “A”
Location: 271 Holladay Drive; Block 140, Registered Plan 65M-4519, Town of Aurora,
Regional Municipality of York
Lands to be rezoned from the “Mixed Residential Commercial C6
(421) Exception Zone” to “Second Density Apartment Residential RA2
(550) Exception Zone”