BYLAW - Adopt OPA 72 REPEALED BY 5537~13 - 20100525 - 5245~10THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5245-10
BEING A BY-LAW to
adopt Official Plan
Amendment No. 72.
WHEREAS section 21(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended,
provides that the council of a municipality that is within a planning area may initiate
an amendment to any official plan that applies to the municipality, and that section
17 of the Planning Act, R.S.O. 1990, c. P.13, shall apply to any such amendment;
AND WHEREAS section 17(22) of the Planning Act, R.S.O. 1990, c. P.13, as
amended, provides that the council of a municipality may by by-law adopt all or part
of the official plan and submit it for approval;
AND WHEREAS the Council of The Corporation of the Town of Aurora deems it
necessary and expedient to adopt Official Plan Amendment No. 72;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT Official Plan Amendment No. 72 attached hereto as Schedule "A" be
hereby adopted.
2. THAT staff for The Corporation of the Town of Aurora be hereby directed to
submit Official Plan Amendment No. 72 to The Regional Municipality of York
for approval.
3. THAT the provisions of this By-law shall come into force and take effect upon
third reading subject to compliance with the provisions of the Planning Act,
R.S.O. 1990, c. P.13, as amended.
READ A FIRST AND SECOND TIME THIS 251H DAY OF MAY, 2010.
READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF MAY, 2010.
as to YOM �• µ, V —�'
PHYLLIS M. MORRIS, MAYOR
00
JOHN A H, TOWN CLERK
By-law 5245-10 Page 2
EXPLANATORY NOTE
Re: Official Plan Amendment No. 72
Official Plan Amendment No. 72 (the "Amendment") has the following purpose and
effect:
This Amendment contains policies that will increase the maximum permitted building
height from -five (5) to seven (7) storeys with a three metre (3m) step -back for the
upper three (3) storeys and allow a maximum of seventy-four (74) dwelling units on
lands within the Town's Community Commercial Historic Core located at the north
east intersection of Yonge Street and Centre Street as shown on Schedule "A" to
Official Plan Amendment No. 72.
Schedule "A" to By-law 5245-10
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AMENDMENT NO. 72
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
Page 2
AMENDMENT NO. 72
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
The Amendment No. 72 to the Official Plan for the Town of Aurora Planning Area
which was adopted by the Council of The Corporation of the Town of Aurora is
hereby approved in accordance with sections 17 and 21 of the Planning Act, R.S.O.
1990, c. P.13, as amended.
Date:
THE REGIONAL MUNICIPALITY
OF YORK
per:
Name:
Title:
Page 3
AMENDMENT NO. 72
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
Page 4
PART I — THE PREAMBLE
1. Introduction
This part of the Official Plan Amendment No. 72 (hereinafter 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 increase the permitted height for a portion of a
building, specifically this Amendment permits an increase in height at the street
fagade from three (3) storeys to four (4) storeys and an increase in maximum
building height for the portion of the building across the Yonge Street frontage from
five (5) to seven (7) storeys.
3. Location
The lands affected by this Amendment are located at the northeast corner of the
intersection of Yonge Street and Centre Street, have a lot area of approximately
0.35 hectares (0.87 acres), and are legally described as Lots 122, 123, 124, 125,
126 and 127 on Registered Plan 246, Town of Aurora, Regional Municipality of York
(hereinafter the "Subject Lands").
4. Basis of the Amendment
This Amendment is in response to the following:
4.1 An application for amendment to the Official Plan and zoning by-law was
originally submitted to the Town of Aurora for consideration in 1998 to permit the
construction of a seven (7) storey mixed use building on the Subject Lands. In June
2005 Council approved the planning applications in principle to permit a six (6)
storey development including fifty-eight (58) dwelling units, subject to the submission
of an acceptable site plan application. In 2007 the applicant submitted a site plan
application which was designed as a seven (7) storey building along the Yonge
Street fagade and six (6) storeys along the Centre Street fagade, and included an
increase of an additional eighteen (18) dwelling units comprising a total of seventy-
six (76) dwelling units. In response to staff comments, a series of resubmissions
were provided by the applicant and on February 25, 2009, Council held a further
public meeting and directed that the applicant consider reducing the building height
to six (6) storeys. In March 2010, the plans were revised and resubmitted which
retained the seven (7) storey building height template, but through technical
construction modifications, the overall building height was reduced by approximately
3.5 metres from the building heights considered by Council in 2009. A total of
seventy-four (74) dwelling units were proposed.
On May 18, 2010 Council determined that the revised development plans are
suitable and the Official Plan and rezoning applications were approved.
4.2 The Subject Lands are designated "Historic Core — Community Commercial
Centre" by the Official Plan, which permits a multi-storey, mixed -use building with
Page 5
ground floor commercial uses and residential uses above. The Official Plan
promotes redevelopment and intensification in the Historic Core, and the
development of multi -use projects with residential and office uses located above
ground floor commercial is encouraged.
4.3 Sections 3.2.2. G and 3.2.3.C.i of the Official Plan .permit a - building height
limitation of five (5) storeys, including bonusing and building heights generally
between two (2) and three (3) storeys at the street fagade. Site grades and soil
conditions dictate that the building be constructed with limited soil, disturbance
resulting in the lower level parking garage being designed effectively at grade. The
parking. areas are completely screened from Yonge and Centre Streets. The
increase in building height is also necessitated by the need for two (2) levels of
parking. The proposed increase in height at the street fagade is primarily attributed
to the site grading which dictates an extra partial storey on the 'Yonge Street
frontage, which is to be used to accommodate ground floor commercial uses.
4.6 The site plan and building elevations demonstrate that the proposed building is
attractive and compatible with the character of the •Historic Core, and that the
proposed increase in building height will not have significant impacts on adjacent
properties.
4.7 Approval of this Amendment will facilitate the redevelopment of the currently
underutilized site, improving the quality of the urban environment in the Historic
Core, providing new housing choices in the Town of Aurora, and increasing
municipal assessment.
4.8 The Provincial Policy Statement "Places to Grow: Growth Plan for the Greater
Golden Horseshoe",, the Regional Official Plan and the Town of. Aurora's Official
Plan policies support infilling, intensification, and compact urban forms within
existing built-up areas, particularly within the Town of Aurora's Historic Core and
along Yonge Street. The site provides an appropriate location to accommodate
such intensification through building height and the resultant density increases, and
is compatible with the design style and character of the area.
The Region of York Official Plan designates Yonge Street as a "Regional Rapid
Transit Corridor" which is intended to develop as a component of a fully coordinated
public transit system that links the major residential, employment and community
activity areas within the Region of York and adjacent municipalities.
4.9 Servicing capacity to the Subject Lands is available based on allocation from a
servicing capacity reserve for redevelopment projects in the Historic Core of Aurora.
The potential to service the Subject Lands has been confirmed in a functional
servicing report prepared by the applicant.
4.10 A traffic impact study prepared by the applicant confirms that the proposed
development can be accommodated with acceptable impacts on the boundary road
system.
4.11 Based on a parking study prepared by the applicant, adequate on -site parking
can be provided to accommodate the needs of the proposed development. Should a
Page 6
modest parking shortfall exist, Council may elect to enter into an agreement with the
owner to pay cash -in -lieu of parking as per Section 40 of the Planning Act, R.S.O.
1990, c. P.13. The Town of Aurora's Official Plan supports reductions in parking
requirements and collection of cash -in -lieu of parking within the Historic Core in
order to promote transit and alternative modes of transportation.
PART II — THE AMENDMENT
1. Introduction
All of this part of the document entitled Part II — The Amendment, consisting of the
following text, constitutes Amendment No. 72 to the Official Plan.
2. Details of the Amendment
The Official Plan is hereby amended as follows:
3.2.6.k: Notwithstanding the policies of Section 3.2., Historic Core — Community
Commercial Centres Policies 3.2, to the contrary, the following policies shall apply to
the lands shown on Schedule "A" Land Use Plan attached hereto and forming part of
this Amendment located at the northeast corner of the intersection of Yonge Street
and Centre Street and are legally described as Lots 122, 123, 124, 125, 126 and
127, Plan 246, Town of Aurora, Regional Municipality of York:
i) the maximum building height across the Yonge Street frontage shall be
seven (7) storeys and 28.2 metres (92.5 ft.);
ii) the'' maximum building height across the Centre Street frontage shall be
six (6) storeys and 25.1 metres (82.5 ft.) at its highest point;
iii) the upper three (3) storeys of the building shall be stepped -back three
metres (3m) from the lower storeys; and
iv) a maximum of seventy-four (74) residential dwelling units shall be
permitted.
3. Implementation and Interpretation
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 respective policies of the Official Plan.
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