By-law - OLT Amend 6000-17 Zoning Bylaw Amendment, Northeast corner John West Way and Wellington St East (File ZBA-2019-01) - 20231031 - 6554-23
The Corporation of the Town of Aurora
By-law Number 6554-23
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as the Northeast corner of John
West Way and Wellington Street East (File No. ZBA-2019-01).
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 “OLT”), 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 OLT;
And whereas on October 31, 2023, the Tribunal issued a Memorandum of Oral Decision
and Order, under OLT Case No. OLT-22-002950 (the “Order”) approving an amendment to
the Zoning By-law respecting the lands municipally known as the Northeast corner of
John West Way and Wellington Street East, 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 (427) Exception Zone ” and “Environmental Protection EP Zone”
zoning categories applying to the lands shown on Schedule “A” attached hereto
and forming part of this By-law with “Mixed Residential Commercial C6 (552)
Exception Zone” and “Environmental Protection (EP) Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
Section 24.552 Mixed Residential Commercial C6 (552) Exception Zone
Parent Zone: C6
Exception No.: 552 Map: 3 Previous Zone:
C4 (427)
Previous By-laws:
5544-13
Municipal Address: Northeast corner of John West Way and Wellington Street East
Legal Description: Concession 1E Part Lot 81
By-law Number 6554-23 Page 2 of 4
24.552.1 Permitted Uses
The uses permitted in accordance with Section 9.1 of Zoning By-law No. 6000-17,
plus the following uses:
• Dwelling units within the first storey
• Personal Service Shop
24.552.2 Zone Requirements
Notwithstanding the provisions of Section 9.2 of Zoning By-law No. 6000-17, the
following standards shall apply:
Minimum Floor Area, Commercial 70 square metres
Minimum Rear Yard 16.0 metres to the building
7.5 metres to the parking structure
Maximum Height 23 metres and in no case greater than 6
storeys
24.552.3 Amenity Area
A minimum amenity area of 13.5 square metres per dwelling unit shall be provided.
The required amenity area can be provided interior and exterior to the building.
24.552.4 Parking Standards
Notwithstanding the provisions of Section 5.4 of Zoning By-law No. 6000-17, parking
shall be provided at a rate of 1.2 spaces per dwelling unit. A minimum of 20% of spaces
provided are required for visitor and commercial parking.
24.552.5 Yard Encroachments
Notwithstanding the provisions of Section 4.20 of Zoning By-law No. 6000-17, a
decorative canopy connecting to the Urban Square may encroach up to 0 metres from
any lot line.
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.
4. If a building permit that is necessary for the development 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 five (5) years from the enactment
of this By-law, then this By-law shall automatically repeal and if so repealed, the
zoning of the lands shall revert to the underlying zoning permissions.
Pursuant to the Order of the Ontario Land Tribunal issued on the 31st day of October,
2023, under OLT Case No. OLT-22-002950.
By-law Number 6554-23 Page 3 of 4
Explanatory Note
Re: By-law Number 6554-23
By-Law Number 6554-23 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 (427)
Exception Zone” and “Environmental Protection (EP) Zone” to “Mixed Residential
Commercial C6 (552) Exception Zone” and “Environmental Protection EP Zone” in
accordance with Zoning By-law No. 6000-17, as amended.
The rezoning will permit a six-storey mixed-use apartment building on the subject lands.
By-law Number 6554-23 Page 4 of 4
Schedule “A”
Location: Northeast corner of John West Way and Wellington Street East;
Concession 1E Part Lot 81
Lands rezoned from ““Community Commercial C4 (427) Exception Zone”
and “Environmental Protection (EP) Zone” to “Mixed Residential
Commercial C6 (552) Exception Zone” and “Environmental Protection EP
Zone”