BYLAW - Adopt OP 75 - 20120228 - 540812THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5408-12
BEING A BYLAW to
adopt Official Plan
Amendment No. 75.
WHEREAS the Council of The Corporation of the Town of Aurora (hereinafter the
"Town") enacted By-law Number 3303-91, including amendments thereto
(hereinafter the "Official Plan");
AND WHEREAS authority is given to Council pursuant to the Planning Act, R.S.O.
1990, c. P.13, as amended, to pass a by-law amending the Official Plan;
AND WHEREAS the Town deems it necessary and expedient to further amend the
Official Plan;
NOW THEREFORE THE TOWN HEREBY ENACTS AS FOLLOWS:
1. THAT Official Plan Amendment No. 75 attached hereto is hereby adopted.
2. THAT all other terms, provisions, and existing amendments of the Official
Plan remain the same.
3. THAT this By-law shall come into force subject to compliance with the
provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, and
subject to compliance with such provisions, this By-law will take effect from
the date of final passage hereof.
READ A FIRST AND SECOND TIME THIS 28TH DAY OF FEBRUARY, 2012.
READ A THIRD TIME AND FINALLY PASSED THIS 28T" DAY OF FEBRUARY,
2012.
ApproMf4s to Form
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AMENDMENT NO. 75
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
Page 2
AMENDMENT NO. 75
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
The Amendment No. 75 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. 75
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. 75 (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 change the land use designation from "Private
Open Space" to "Estate Residential" in order to permit the creation of two (2) estate
residential lots and to reduce the minimum lot frontage from 30 metres to 12 metres
for each lot.
3. Location
The lands affected by this Amendment are located north of Bloomington Road; east
of Bathurst Street; abutting the GO Transit Railway Line fronting onto Elderberry
Trail to the south; having a lot area of approximately 2.7 hectares (6.67 acres); and
are legally described as Block C on Registered Plan M42, 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
submitted to the Town of Aurora for consideration in June of 2011 to permit the
development of the Subject Lands for two (2) estate residential lots. The
Subject Lands were created as part of a plan of subdivision registered April 19,
1978. The Subject Lands were originally created on the draft plan of
subdivision as the subdivision developer's requirement of 5% parkland
dedication to the Town for future park purposes. During the time period
between draft plan approval and final approval of the subdivision, the Province
of Ontario in the 1970's changed how parkland dedication could be provided,
i.e., either by 5% land dedication or 5% cash -in -lieu of parkland dedication for
land use other than for commercial and industrial purposes. As a result of the
Page 5
original subdivision developer's decision of not wanting to redesign the draft
plan of subdivision at the later stages of approval, the Town consented to the
Owner providing cash -in -lieu of parkland dedication in the related subdivision
agreement and not providing the land dedication. The Subject Lands originally
slated for parkland purposes were designated "Private Open Space" by the
Town's Official Plan. Further, as required by the subdivision agreement, the
Subject Lands were to be zoned "Open Space (0)" and were not permitted to
be developed. Subsequently, and after registration of the plan of subdivision,
the Subject Lands were sold privately and the new owner requested a change
in the land use to permit "Estate Residential" designation.
4.2 An Environmental Impact Study and Natural Heritage Evaluation, Landform
Conservation Study and Hydrological Assessment were prepared by Stantec
Consulting Ltd. to demonstrate that the proposal conforms with Official Plan
Amendment No. 34, being the Town of Aurora Yonge Street South Secondary
Plan, and with the Oak Ridges Moraine policies contained within Official Plan
Amendment No. 48.
4.3 A Stormwater Management Report and Functional Servicing Study prepared
by SPNR Consultants Inc. was submitted to demonstrate that the Subject
Lands could support two (2) residential housing units without causing negative
impacts to the abutting residential properties.
4.4 An Environmental Noise Report prepared by Candevcon Limited was
submitted to ensure that the proposed location of the two (2) residential
housing units comply with the Town's and GO Transit's noise and vibration
requirements.
4.5 An Arborist's Report prepared by Bras d'Or Forestry Services Ltd. was
submitted as part of Official Plan Amendment No. 48's requirement of a
vegetation conservation study to protect trees or wooded areas worthy of
protection; develop a restoration and enhancement plan; and recommend tree
protection methods to be used during construction.
4.6 A Public Planning Meeting was held by the Town's Council on September 26,
2011 to obtain input from members of the public and the Town's Council.
Page 6
4.7 The minimum lot area for an "Estate Residential" designated property is 0.8
hectares (2 acres). Both of the two (2) proposed lots (0.9 hectares and 1.8
hectares) exceed the minimum lot area requirement. The proposed
development complies with the minimum lot size; however it is suggested that
a site specific amendment be enacted to require a minimum frontage of 12
metres.
4.8 The proposed lot sizes and house sizes are comparable to the existing lots and
homes within the subdivision. The proposed orientation of the dwelling units
on the lots are centrally located and are separated by nearby homes with
comparable distances and landscaping.
4.9 Access to the proposed lots will be from single driveways fronting onto
Elderberry Trail.
4.10 The supporting environmental reports, studies, and mapping were reviewed
from the perspective of natural heritage; landform conservation; and
hydrogeology to ensure compliance with the requirements of the Oak Ridges
Moraine Conservation Plan ("ORMCP") implemented through Official Plan
Amendment No. 48 and Official Plan Amendment No. 34. Town and Regional
staff reviewed the materials and have concluded that the proposed
development conforms to the ORMCP implemented through Official Plan
Amendment No. 48 and meets the requirements of Official Plan Amendment
No. 34.
4.11 A trail linkage was identified on the Subject Lots within the Official Plan and the
Town's Trails Master Plan. A trail easement is proposed across the Subject
Lands to connect Elderberry Trail to a future trail running along the rail line and
the owner has agreed to grant this easement.
4.12 This Amendment is desirable for the appropriate development and use of the
Subject Lands.
Page 7
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. 75 to the Official Plan.
2. Details of the Amendment
The Official Plan is hereby amended as follows:
Item (1): "Schedule "AA", Land Use Plan, being part of the Town of Aurora Yonge
Street South Secondary Plan — Official Plan Amendment No. 34, is
amended by changing the land use designation for the Subject Lands
described as Block C, Plan M42, Town of Aurora in the Regional
Municipality of York, from "Private Open Space" designation to "Estate
Residential Special, See Official Plan Amendment No. 75", as shown
on Schedule "A" — Land Use Plan, attached hereto and forming part of this
Amendment."
Item (2): Section 3.3 of the Town of Aurora Yonge Street South Secondary Plan —
Official Plan Amendment No. 34 is hereby amended by adding the
following Section 3.3.5., which shall read as follows:
"Site Specific Policy (Official Plan Amendment No. 75)
The following policy shall apply to the Subject Lands shown on Schedule
"A" Land Use Plan, attached hereto and forming part of this Amendment:
a) a maximum of two (2) new lots shall be permitted, and
b) the minimum lot frontage of any new lot shall not be less than
12 metres fronting onto a municipal road."
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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