BYLAW - Adopt OPA 5 - 20130716 - 553713Q%ESE
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5537-13
BEING A BY-LAW to
adopt Official Plan
Amendment No. 5.
WHEREAS on May 25, 2010 the Council of The Corporation of the Town of Aurora
(hereinafter the "Town") enacted By-law Number 5245-10, being a By-law to adopt
Official Plan Amendment No. 72 respecting the Town's Official Plan By-law Number
3303-91, as amended, to permit a maximum building height of seven (7) storeys with
a three metre (3m) step -back for the upper three (3) storeys and to permit a
maximum of seventy-four (74) dwelling units on the lands described as Lots 122,
123, 124, 125, 126 and 127, Plan 246, Town of Aurora, Regional Municipality of
York (hereinafter "OPA 72");
AND WHEREAS on September 28, 2010, the Council of the Town enacted By-law
Number 5285-10, being a By-law to repeal By-law Number 3303-91 and to enact the
new Official Plan for the Town, 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 by repealing OPA 72 and replacing same with Official Plan Amendment
No. 5 herein to change the land use designation from Upper Downtown to Upper
Downtown Special to permit a six (6) to seven (7) storey mixed use development
including a total of 95 residential apartment dwelling units with residential units at
grade along Centre Street;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT Official Plan Amendment No. 5 attached hereto is hereby adopted.
2. THAT all other terms, provisions, and existing amendments of the Official
Plan remain the same.
3. THAT By-law Number 5245-10 be and is hereby repealed.
4. 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 16T" DAY OF JULY, 2013.
READ A THIRD TIME AND FINALLY PASSED THIS 16T" DAY OF JULY, 2013.
JOHN
MAYOR
, TOWN CLERK
AURORA
yoelYe!w good, Cowpascy
AMENDMENT NO. 5
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
Page 2
AMENDMENT NO. 5
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
The Amendment No. 5 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. 5
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. 5 (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 "Upper
Downtown" to "Upper Downtown - Special'. The "Special' provision will allow a six
(6) to seven (7) storey mixed use development including a total of 95 residential
apartment dwelling units with residential units at grade along Centre Street.
3. Location
The lands affected by this Amendment are located at the northeast corner of the
intersection of Yonge Street and Centre Street; having a lot area of approximately
0.35 hectares (0.87 acres); and are legally described as Lots 123, 124, 125, 126 and
127, Plan 246 and Part Lot 122, Plan 246, Part 1, Plan 65R-33485, Town of Aurora,
Regional Municipality of York (hereinafter the "Subject Lands").
4. Basis of the Amendment
The basis of the Amendment is as follows:
4.1 The Official Plan Amendment No. 72 ("OPA 72") was originally approved by
Council on May 25, 2010 and the Zoning By-law Amendment was originally
approved by Council on March 29, 2011. OPA 72 permitted a policy
amendment to the Community Commercial Centre (Historic Core) designation
to allow the development of a mixed use building which is a maximum of seven
(7) storeys and 28.2 metres in height along the Yonge Street frontage and a
maximum of six (6) storeys and 25.1 metres in height on the Centre Street
frontage. In addition, OPA 72 permitted the upper three (3) storeys of the
building to be stepped back three metres from the lower storeys.
Page 5
4.2 OPA 72 was approved by Council as an amendment to the Official Plan (1991)
which was in effect at the time.
4.3 Subsequent to the approval of OPA 72, the Town of Aurora undertook an
Official Plan review which was enacted by Council on September 28, 2010 and
approved by the Region of York on June 28, 2012. The Town's 'new' Official
Plan came into force on August 14, 2012. The new Official Plan designated the
Subject Lands as 'The Aurora Promenade — Upper Downtown Area'.
4.4 The policy provisions of OPA 72 were not properly carried over into section 16,
site specific policies of the Town's new Official Plan. In order to capture the
current Official Plan special policies and those of OPA 72, this document
updates the current policies from OPA 72 and the current Official Plan policy
approval.
4.5 The OPA application (file: D09-01-13) and Zoning By-law amendment was
submitted to the Town of Aurora for consideration in May 2013 to increase the
number of residential units from the approved 74 residential units to 95
residential units and to allow residential units at grade along Centre Street. The
new development application also proposes 2 levels of underground parking for
a total of 134 parking spaces within the approved building footprint.
4.6 The "Aurora Promenade Plan - Upper Downtown" designation permits multi-
storey, mixed -use buildings with ground floor commercial uses and residential
uses above, at a maximum height of five (5) storeys. The proposed
development for a six (6) to seven (7) storey mixed use building has been
previously approved by Council by OPA 72 and is considered to conform to the
land use and built form policies of the Aurora Promenade Plan.
4.7 The Provincial Policy Statement, "Places to Grow: Growth Plan for the Greater
Golden Horseshoe (Places to Grow)", the Regional Municipality of York's
Official Plan, and the Town's Official Plan policies support infilling,
intensification and compact urban forms within existing built-up areas,
particularly within the Town's Downtown and along Yonge Street, which
supports higher order transit. The site provides an appropriate location to
accommodate intensification through an increase in the total number of
dwelling units, while continuing to be compatible with the design, style and
character of the area.
Page 6
4.8 The Regional Municipality of York Official Plan designates Yonge Street as a
"Regional Corridor" which is intended to be the primary locations for intensive
and mixed use development. The policies support development that is
compact, mixed use, street and transit oriented, and pedestrian and cycling -
friendly. Regional Corridors are to support an overall density of 2.5 floor space
index. The subject site has a floor space index of 3.56.
4.9 The building elevations demonstrate that the proposed building is attractive and
compatible with the character of the historic core, and that the proposed
number of dwelling units and ground floor commercial uses will not adversely
impact the adjacent properties.
4.10 A traffic impact study prepared by the applicant in 2008 demonstrated that the
proposed development can be accommodated within acceptable service levels
on the boundary road system. A May 2013 addendum to that study states that
the general conclusions of the 2008 study are expected to remain unchanged
under the current development proposal.
4.11 Servicing capacity is available to the Subject Lands and the increased unit
count will not impact the sanitary sewage and domestic water flows. The
potential to service the site has been confirmed in a Functional Servicing
Report prepared by in 2008 and also in a letter dated May 2013 indicating that
the conclusions of the 2008 Report remain unaffected by the amended
development application.
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. 5 to the Official Plan.
2. Details of the Amendment
The Official Plan is hereby amended as follows:
Item (1): To redesignate the Subject Lands from "Upper Downtown" to "Upper
Downtown — Special', as shown on Schedule "A", Land Use Plan,
attached hereto and forming part of this Amendment.
Page 7
Item (2): The following site specific policies shall apply to the Subject Lands shown
on Schedule "H", Site Specific Policy Areas, attached hereto and forming
part of this Amendment:
a) the maximum building height across the Yonge Street frontage shall
be seven (7) storeys and 28.2 metres (92.5 ft) at its highest point;
b) the maximum building height across the Centre Street frontage shall
be six (6) storeys and 25.1 metres (82.5ft) at its highest point;
c) the upper three (3) storeys of the building shall be stepped -back
three metres (3m) from the lower storeys;
d) a maximum of ninety five (95) residential dwelling units shall be
permitted;
e) a minimum of 1.0 and a maximum of 1.4 parking spaces per unit,
inclusive of visitor parking shall be required; and
f) residential uses at -grade shall be permitted along Centre Street
provided the intent of the applicable policies of the Town's Official
Plan and the Aurora Promenade Concept Plan — Urban Design
Strategy are achieved.
Item (3): Schedule "H", Site Specific Policy Areas, being part of the Town of Aurora
Official Plan, is amended by adding Site Specific Policy Area No. 38.
Item (4): Section 16 of the Town of Aurora Official Plan, is amended by adding the
site specific policies contained in the "Details of the Amendment — Official
Plan Amendment No. 5 to Site Specific Policy Area No. 38.
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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