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BYLAW - Adopt OPA Number 18 - 20180724 - 611018The Corporation of the Town of Aurora By-law Number 6110-18 Being a By-law to adopt Official Plan Amendment No. 18. 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 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 Council of the Town deems it necessary and expedient to further amend the Official Plan; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. That Official Plan Amendment No. 18 attached hereto and forming part of this By-law be and is hereby adopted. 2. 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. Enacted by Town of Aurora Council this 2401 day of July, 2018. Geoffrey Dawe, Mayor Michael de Rond, Town Clerk AvtoRA you'reiw good, Company Amendment No. 18 To the Official Plan for the Town of Aurora Page 2 of 6 Amendment No. 18 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 3 of 6 Part I — The Preamble 1. Introduction This part of the Official Plan Amendment No. 18 (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 "Cluster Residential" to "Cluster Residential Site Specific Policy No. 49". The provisions of this Official Plan Amendment will allow twenty-seven (27) blocks to be developed as single detached units and related amenities. 3. Location The lands affected by this Amendment are located on the east side of Yonge Street, north of Hunters Glen Road, municipally known as 14029 Yonge Street, having a lot area of approximately 7.14 hectares and are legally described as Part of Lot 72, Concession 1, 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 application (file: OPA-2017-02) and related Zoning By-law Amendment application (file: ZBA-2017-01) were submitted to the Town for consideration on March 15, 2017 to permit a site specific Official Plan Amendment and Zoning By-law Amendment on the Subject Lands. 4.2 The Public Planning Meeting was held by the Town's Council on May 24, 2017 to obtain input from members of the public and the Town's Council. 4.3 The Draft Plan of Subdivision consists of 27 blocks for single detached residential uses. A trail block is located on Block 29 along the Yonge Street frontage. The Common Elements Condominium within Block 28 contains the woodlands, private road system, green space around the Butternut tree, and buffers. 4.4 The Draft Plan of Condominium consists of 27 Parcels of Tied Land. Block 29 is to be conveyed to the Town as a trail block. The balance of the Subject Lands is a Common Elements Condominium Block, which includes the private roads, eight (8) visitor parking spaces, open space, and the existing woodlands on the easterly portion of the Subject Lands. 4.5 The Yonge Street South Secondary Plan designates the Subject Lands as "Cluster Residential", "Environmental Protection Area" and "Environmental Function Area". An amendment is required to permit the proposed residential development. Page 4 of 6 4.6 The implementing Zoning By-law amendment will add by-law exceptions to the lot area, height, garage dimensions, central air conditioner requirements, permitted yard encroachments, and landform conservation provisions. 4.7 The Site is located adjacent to Yonge Street, a Regional Corridor and Arterial Road, which serves as a main traffic carrying arterial road through the Town and currently serves as one of the main transit corridors through York Region. 4.8 The Site is located within the built-up area of the Town of Aurora and will aid in achieving the Provincial and Regional intensification targets. 4.9 The proposed policies are consistent with the Provincial Policy Statement (2014). The development proposes the efficient development of urban land and use of existing infrastructure, while maintaining the character of surrounding land uses. 4.10 The proposed policies conform to the York Region Official Plan, particularly with respect to directing growth within the built-up area through infill and intensification at an appropriate scale, taking into account the existing site and its surrounding context. 4.11 Section 3.2.3(c) of OPA 34 provides that the gross residential density over the constrained and unconstrained lands subject to a development application shall be no more than 5 units per hectare. The property has an area of 7.14 hectares, which results in a permitted density of 35 units across the site, whereas the proposed development contemplates 27 units (3.77 units per hectare). The limits of the Environmental Areas were determined during a site visit with the Lake Simcoe Region Conservation Authority, and are intended to be protected through the re -zoning of the property. 4.12 The proposed development will provide for a more efficient use of land within a settlement area, and provide for a greater range of housing for the entire community. 4.13 A 40 metre setback is provided from the centreline of Yonge Street to the rear property lines of the nearest dwellings, which represents a reduction to the OPA 34 Urban Design Guidelines requiring 60 metres to the nearest buildings. Notwithstanding this reduction, there is a further rear yard setback of 7.5 metres to the rear of the nearest structure for a total setback of 47.5 metres or greater. Through sensitive landscape design and grading, the intent of the Yonge Street South Secondary Plan, namely the preservation and enhancement of the existing rural character of Yonge Street, will be maintained. 4.14 Section 3.6.3(c) of OPA 34 mandates that a separation of 35 metres be provided between any Estate Residential designation and the lot line or limit of any area of private amenity space of any cluster residential unit. A minimum separation of 20 metres is provided between the exterior lot lines of the nearest units to the Estate Residential dwellings fronting onto Hunters Glen Road to the south of the subject property, consistent with the policies approved as part of Official Plan Amendment No. 6 for the proposed development located west of the property across Yonge Street. Through sensitive landscape design and grading, the intent of this separation policy can be maintained given this reduction. 4.15 A Landform Conservation Study has been prepared by Daryl W. Cowell and Associates Inc., and concludes that no significant landforms occur within the Page 5 of 6 area of this site being disturbed by development. The developable area is located in a restricted portion of the site, which has already been disturbed by previous construction and contains no slopes greater than 15%. Internal and external viewscapes of the site involving complex moraine topography are to be preserved, and the use of permeable paving will limit the extent of imperviousness across the developable area. The site is located within the settlement area of the Oak Ridges Moraine Conservation Plan (ORMCP), which provides flexibility in the application of the policies governing development in Landform Conservation Areas. The report provides that the pre -development form of the portion of the property being developed will pose a minimal disturbance to the landform character. PartT II — The Amendment 1. Introduction All of this part of the document entitled Part II - The Amendment, consisting of the following text and attached maps, designated as Schedules "A" and "B", constitutes Amendment No. 18 to the Official Plan. 2. Details of the Amendment The Official Plan be and is hereby amended as follows: Item (1): Schedule `H', Site Specific Policy Areas, being part of the Town of Aurora Official Plan, is amended by adding Site Specific Policy No. 49 as shown on Schedule "B" to Official Plan Amendment No. 18, attached hereto and forming part of this Amendment. Item (2): Notwithstanding any policies to the contrary of the Yonge Street South Secondary Plan (OPA 34), the following site specific policy shall apply to the lands designated as "Cluster Residential Site Specific Policy No. 49" within the area shown as the Subject Lands on Schedule "A" attached hereto and forming part of this Amendment: a) Buildings shall be set back a minimum of 40 metres from the centreline of Yonge Street; b) Buildings shall be sited in a manner that provides for a minimum separation of 20 metres between any Estate Residential designation and the lot line or limit of any area of private amenity space of any cluster residential unit; c) Buildings shall not cover more than 10 per cent of the net lot area of the Subject Lands; d) Development of the Subject Lands shall be permitted to occur in advance of a Block Plan for the area shown as Block 'D' on Schedule "CC" of the Yonge Street South Secondary Plan (OPA 34); and e) Notwithstanding any policies to the contrary of Appendix A of the Yonge Street South Secondary Plan (OPA 34), the following special site specific guidelines apply to the lands designated as "Cluster Residential — Site Specific Policy No. 49" described as Part of Lot 72, Concession 1 Page 6 of 6 i) New development shall be set back a minimum of 40 metres from the centreline of Yonge Street; and ii) New development avoid all accessory buildings, facilities and structures, including parking areas, driveways and parallel service roads within the 40 metre setback. 3. 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