Loading...
By-law - OLT Amend 5285-10 Official Plan Amendment No.29, 271 Holladay Drive (File OPA-2021-04) - 20230821 - 6537-23 The Corporation of the Town of Aurora By-law Number 6537-23 Being a By-law to amend By-law Number 5285-10, as amended, to adopt Official Plan Amendment No. 29 (File No. OPA-2021-04). 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 (the “Official Plan”); And whereas on August 21, 2023, the Ontario Land Tribunal (“OLT”) issued a Decision and Order, under OLT Case No. OLT-22-001975 (the “Order”) approving an amendment to the Official Plan respecting the lands municipally known as 271 Holladay Drive, following an appeal pursuant to section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; Now therefore the Official Plan is amended by the Ontario Land Tribunal as follows: 1. Official Plan Amendment No. 29 to the Official Plan, attached and forming part of this by-law, be and is hereby adopted. 2. 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 final passage hereof. Pursuant to the Order of the Ontario Land Tribunal issued on the 21st day of August, 2023, under OLT Case No. OLT-22-001975. By-law Number 6537-23 Page 2 of 6 Amendment No. 29 To the Official Plan for the Town of Aurora 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 6537-23 Page 3 of 6 Part I – The Preamble 1. Introduction This part of Official Plan Amendment No. 29 (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 facilitate the development of a six (6) storey residential building with a total of 147 units. 3. Location The Amendment applies to the lands located on the west side of Leslie Street, south of Holladay Drive, municipally known as 271 Holladay Drive, in the Town of Aurora; having a lot area of approximately 0.5251 hectares (1.3 acres); and legally described as Block 140, Registered Plan 65M-4519, Town of Aurora, Regional Municipality of York (the “Subject Lands”). 4. Basis of the Amendment The basis of the Amendment is as follows: 4.1 The Official Plan Amendment and an associated Zoning By-law Amendment was submitted to the Town of Aurora for consideration on July 23, 2021, to facilitate the development of a six (6) storey residential building (excluding amenity floor space and mechanical penthouse over the sixth floor) with a total of 155 units. The proposal was amended to reduce the number of units to 147. 4.2 A Public Planning Meeting was held on November 9, 2021 to present the application and obtain input from the public and Council. 4.3 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. 4.4 The Aurora 2C Secondary Plan Area policies for the Urban Residential 2 designation permits low-rise apartments up to a maximum height of 6-storeys or 20 metres (whichever is less) and a maximum density of 125 units per net residential hectare. An Amendment to the Official Plan is required to increase the maximum permitted height to 24.5 m (6 storeys with amenity floor space and mechanical penthouses over the sixth floor) and a maximum net density to 280 units per net residential hectare (114 units per net acre). 4.5 The policies of the Amendment are considered to be compatible and appropriate which will result in a complementary built form. By-law Number 6537-23 Page 4 of 6 4.6 Appropriate development of the subject lands will be achieved through the implementation of policies of the Official Plan and OPA 73, 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 document entitled Part II – The Amendment, consisting of the following text and attached as Schedule A, constitutes Amendment 29 to the Official Plan of the Town of Aurora Planning Area. The effect of this Amendment is to amend the Town of Aurora Official Plan to permit the development of a six (6) storey (24.5 m) residential building (with amenity floor space and mechanical penthouses over the sixth floor) with a total of 147 units. 2. Details of the Amendment Item (1): Schedule “H”, Site Specific Policy Areas, being part of the Town of Aurora Official Plan, identifies Site Specific Policy 61 over the Subject Lands, as shown on Schedule “A” of this Amendment. Item (2): Notwithstanding any policies to the contrary as outlined in OPA 73 respecting development policies, Section 16.0, “Site Specific Policies” of the Town of Aurora Official Plan be and is hereby amended by adding to the end thereof, the following subsection as it pertains to the Subject Lands as shown on Schedule “A” of this Amendment: “Section 16.61 The following policies apply to the lands designated “Urban Residential 2” on Block 140, Registered Plan 65M-4519, Town of Aurora, Regional Municipality of York, as shown on Schedule “H” attached hereto and forming part of this plan. a) The Subject Lands are permitted to be used for a residential apartment building with a total of 147 residential units. b) A maximum net density of 280 units per net hectare, or 114 units per net acre is permitted. c) A maximum height of six (6) storeys or 24.5 m is permitted. Mechanical penthouses and amenity floor space above the 6th floor shall be permitted. d) The implementing Zoning By-law amendment will establish site specific provisions by incorporating appropriate development standards for the Subject Lands.” 3. Interpretation and Implementation By-law Number 6537-23 Page 5 of 6 This Amendment has been considered in accordance with the provisions of the Official Plan. The implementation and interpretation of this Amendment shall be in accordance with the policies of the Official Plan. Part III – The Appendices Schedule “A” – Subject Lands By-law Number 6537-23 Page 6 of 6 Schedule “A” Location: 271 Holladay Drive; Block 140, Registered Plan 65M-4519, Town of Aurora, Regional Municipality of York Lands subject to Site Specific Exception 16.61