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BYLAW - OPA #3 - 19950412 - 350893I / . . "''''~<~>"'·W''-~Y.',:<CMl;.i;;;~"""~-'-"·"'""'>·~---~~-•~··--·...:.... 'ORIGINAL (Maple Leaf) ADOPTION BY-LAW FOR OFFICIAL PLAN AMENDMENT NO.3 BY-LAW NUMBER 3508-93 OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA The Council of the Corporation of the Town of Aurora, under Section 17 ( 6) of the Planning Act, RSO 1990 Chapter P. 13 as amended, hereby enacts as follows: 1. Official Plan Amendment No. 3 for the Town of Aurora, consisting of the attached explanatory text and schedules, is hereby adopted. 2. The Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of Official Plan Amendment No. 3 for the Town of Aurora. ·\ 3. This By-law shall come into force and take effect on the day of the final passage thereof. READ A FIRST AND SECOND TIME THIS 24th DAY OF November, 1993 READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS _E_th DAY OF APRil. , 1995. Certifie~above is a true copy of By-law No. as enacted and passed by the Council of the Corporation of the Town of Aurora on , 1995. CLERK .,,,,~---·--·-- This Amendment to the Official Plan for the Town of Aurora, which has been adopted by the Council of the Corporation of the Towil of Aurora, is hereby approved in accordance with Section 17 (6) of the Planning Act, RSO 1990 Chapter P. 13 as Amendment No. 3 to the Official Plan for the Town of Aurora. DATE: ____________________ __ SIGNATIJRE: ____________ __ . ' ' AMENDMENT NO. 3 TO THE OFFICIAL PLAN FOR THE CORPORATiON OF THE TOWN OF AURORA Index The Statement of Components PART I-THE PREAMBLE Purpose of the Amendment Location Basis of the Amendment PART II-THE AMENDMENT Introductory Statement Details of the Amendment Implementation and Interpretation Page 1 2 2 2 2 3 3 3 5 AMENDMENT NO. 3 TO THE OFFICIAL PLAN FOR THE AURORA PLANNING AREA PART I PART II PART III -l - STATEMENT OF COMPONENTS THE PREAMBLE does not constitute part of this Amendment. THE AMENDMENT, consisting of the following text constitutes Amendment No. 3 to the Official Plan for the Town of Aurora. THE APPENDIX does not constitute part of this Amendment. -2 - PART I-THE PREAMBLE Purpose of the Amendment The purpose of this amendment is to change the land use designation on the subject lands shown on Schedule "A" attached hereto and forming part of this amendment from "Industrial" to "Urban Residential and Public Open Space" and to establish site specific policies to permit the use of the lands for a medium density residential rowhouse and semi detached housing development Location The subject lands affected by this amendment are located on the north and south side of the unopened Old Yonge Street road allowance extending between Yonge Street proper and the opened portion of Old Yonge Street (formerly Flagstaff Road). The legal description is as follows: Part of Lot 84, Concession 1 E. Y.S. and Part of Lot 86, Registered Plan 246. Basis of the Amendment Council has enacted the amendment in response to the following: 1. The proposed amendment is in keeping with the Urban Residential policies and provisions of the Aurora Official Plan which promotes the creation of diversified residential communities containing a broad range of housing sizes, densities, styles, tenures and prices. 2. The site is located within· close proximity to collector and arterial road networks thus providing convenient access to neighbouring commercial, recreational and other community facilities in the area. Regional and local transit services are located within close walking distance to the subject lands. The site is adequately serviced by existing schools, parks, utilities and other social services. 3. The redesignation of the subject lands from industrial to residential will eliminate problems experienced in the past between the industrial use and surrounding residential developments. At the same time, the final disposition of the unopened Old Y onge Street road allowance will be resolved. 4. The redevelopment of the lands will allow for the intensification of urban serviced land, as promoted by recent Provincial initiatives and Official Plan objectives (OPA #1, Housing Intensification), by replacing a vacant, outmoded industrial use with an intensive residential development that provides for a more efficient use of the existing municipal infrastructure. - 3 - PART II-THE AMENDMENT Introductory Statement All of this part of the document entitled Part II -The Amendment, consisting of the following text and attached map, designated Schedule "A" (Land Use Plan), constitutes Amendment No. 3 to the Official Plan for the Town of Aurora. Details of the Amendment The Official Plan of the Town of Aurora is hereby amended as follows: Item (1): Item (2): The area indicated on Schedule "A" attached hereto and forming part of this amendment, being Part of Lot 84, Concession 1 E.Y.S. and Part of Lot 86, Registration Plan 246, is hereby redesignated from "Industrial" to "Urban Residential and Public Open Space". Section 3.1 (Urban Residential Policies) is hereby amended by adding the following to the end of that Section. The following policies apply to the lands designated "Urban Residential and Public Open Space" on Part of Lot 84, Concession 1 E. Y.S. and Part of Lot 86, Registered Plan 246 as shown on Schedule "A" attached hereto and forming part of this plan. i) A multiple unit rowhouse and semi detached development, having a maximum of 36 units, shall be permitted on the lands. The overall built site density shall not exceed 10.30 units per acre (25.40 units per hectare) with such calculations incorporating all road allowance and floodplain lands. ii) The applicant shall proceed through the policy document entitled, "Guidelines for the Decommissioning and Clean-up of Sites in Ontario" to the satisfaction of the Ministry of Environment. A qualified individual shall be on site throughout the duration of excavation and soil handling activities. Prior to any development taking place, a verification sampling program shall be implemented by a qualified person in order to certify, to the satisfaction of the Ministry of Environment, that the site has been made suitable for residential development. The applicant shall be responsible for the removal and cleaning of all sumps, grease traps, catchbasins and connecting pipes located within the lands with all accumulation removed by a ministry approved hauler to a ministry approved site. All evacuation holes shall be checked for evidence of contamination and a detailed soil analysis shall be submittedconcurrently with an application for site plan approval. " '' - 4 - iii) The site plan I subdivision agreement shall ensure the implementation of effective measures to mitigate the effects of the existing and potential surrounding commercial uses. The development shall incorporate acceptable building separation distances as considered appropriate by the Town of Aurora and the Ministry of Environment. Building design shall address the shielding of noise and views through appropriate setbacks and use of measures such as fencing, berms, construction materials and landscaping. The recommendations as outlined within the "Environmental Noise Impact Statement", prepared by Barman Swallow Associates dated October 15, 1992 as revised by letter of December 9, 1993, pertaining to the construction of property line acoustic barriers, arrangement of the interior living space and the installation of heating and cooling devices shall be adhered to and recognized within the implementing site plan/subdivision agreements. Regard shall be had for the exterior composition of the noise barrier and retaining wall in order to achieve an aesthetically pleasing view from adjoining commercial properties and Yonge Street. Noise warning clauses indicating the form of nuisances that may arise from adjacent commercial uses as prescribed within the above noted report/letter shall be inserted within all Agreements of Purchase and Sale or Lease and be registered on title of the individual units or lots. iv) The lands shall be developed on the basis of full municipal water and sanitary services. Accordingly, prior to any development occurring, the Regional Commissioner of Engineering shall advise that water and sanitary sewage capacity is available and has been allocated by resolution of the Town of Aurora. All recommendations as indicated within the site servicing report prepared by R.V. Anderson Associates, dated October 15, 1992 as approved by the Public Works Department shall be adhered to. v) Vehicular access to the site shall be from Old Yonge Street only. Access will not be permitted from Yonge Street. Matters such as parking, visitor parking and garbage disposal shall be coordinated entirely on site. The applicant shall resolve all matters to the satisfaction of the Town relating to the disposition of the east-west portion of Old Yonge Street prior to development of the subject lands as it relates to payment, surveying, consultation with adjoining landowners, servicing, road-widening and drainage issues. vi) The site plan/subdivishm agreement shall ensure the provision of adequate open space and outdoor amenity area within the development as approved by the Leisure Services Department and that safe, attractive and convenient pedestrian access is provided to such amenity areas and to commercial and transit zones on Y onge Street. All lands within the floodplain shall be rezoned for Major Open Space purposes. The applicant shall have regard for all requirements as set out by the Lake Simcoe Regional Conservation Authority. Provision shall be made for the retention of as much existing vegetation as possible on the lands to aid in screening the development from commercial uses and to contribute to the aesthetics of the site. An annuity fund to ensure the long term maintenance of the centre court yard shall be provided to the satisfaction of the Leisure Services Department. . 5 . vii) The site plan/subdivision agreement shall ensure the implementation of effective measures to mitigate potential impacts of the development on the warm water fishery resource of Tannery Creek through the use of proper stormwater management and erosion and sedimentation control measures both dUring and after construction. Development shall provide for and not impact upon the vegetative buffer strip width along the streambank measured as having a minimum width of fifteen metres or to top of bank, whichever provides the greatest protection. The site plan/ subdivision plan shall require the review and approval of the Ministry of Natural Resources, including the submission of preliminary stormwater management/water quality control plans, to the satisfaction of the Ministry and the Town of Aurora. viii) The site plan/subdivision plan for the development shall ensure high standards in the conceptual design of the buildings, their massing, siting, exterior access and public areas. The applicant is encouraged to work with surrounding landowners and, through the site plan/subdivision process, attempt to better orientate the development out to the existing low density residential uses to the south and east. ix) It shall be the policy of this plan to zone the lands designated "Urban Residential and Public Open Space" on Schedule "A" in an appropriate zoning .category with specific provisions to ensure implementation in accordance with the policies of this plan. Implementation and Interpretation The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Aurora Official Plan, Zoning By-law, Subdivision and Site Plan Agreements. . -~---·· H •i' .. ,,,.,, "- l..t1 HH~=..,·•·=-'~-'1 .... ........ _::_:::r:.·_·_·_·:·:··l······ ·::::::.~·~,-· • ~A..' ...... -: :5= ...... :,•.;; '-·~:-3· ·-... ::::::::·:::i::~t~ B.~~~~?:~ . ~-; ....... ..................... ..... .... ..... ..... . ............ -~ ... ....... .. . . . . . . . . . . . . . . . . . . . . . -. . . .. -· ............. . ................... . . . . . .. .. ... . ... . . f ..... , ..... , .. .. ! ·.·.·.·.·. --~-­.... . -. ............................ _ -,,.,..,,,..,,.,.-;IW I I •v• V OFFICE CONSOLIDATION EXTRACT FROM THE AURORA OFFICIAL PLAN SCHEDULE A LAND USE PLAN LEGEND U URBAN RESIDENTIAL ~:i:li!;\l!!J.i!l SUBURBAN RESIDENTIAL l:l:::;:;:;:;::j ESTATE RESIDENTIAL -COMMERCIAL -INDUSTRIAL •••••• AURORA EAST INDUSTRIAL ESTATES 'OliCIIS.-AfiiiS-'-""' UllS 011 ll,A.MO.N 10 f!C PM¥~ OtlfiCI.U. ,._,... ·-. f'OIICI. 11.: L-UK DISIGMIIfiOid fiiU1.-l 10 1NIS Allllol 011 , ... 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IIQ.U -INSTITUTIONAL R PUBLIC OPEN SPACE -PRIVATE OPEN SPACE D RURAL ----·.. r!l-1"11nv na SECONDARY PLANNING AREAS EXPLANATORY NOTE: RE: Official Plan Amendment No. 3 Official Plan Amendment No.3 redesignates the lands as shown on Schedule "A", being Part of '-Lot 84, Concession 1 E.Y.S., and Part of Lot 86, Registered Plan 246, from "Industrial" to "Urban Residential and Public Open Space" in accordance with the following provisions: i) The lands may be used for the development of a medium density residential rowhouse and semi detached complex subject to the following: • the development shall be limited to the construction of rowhouse and semi detached complex having a maximum of 36 units. • the applicant satisfying all requirements as requested by the Ministry of Environment with respect to the decommissioning and cleanup of the site. • the lands within the floodplain being utilized as open space containing a pedestrian way to Yonge Street. ii) The development is to proceed by way of a site plan/subdivision agreement which, among other matters, will include: • particular attention to building design and massing, landscape treatment and vehicular and pedestrian access. • the implementation of measures to mitigate the effects of surrounding commercial development through the use of appropriate building setbacks, fencing, berms, construction materials and landscaping. • the approval of the Town, the Regional Municipality of York and the Ministry of Natural Resources and the Ministry of Environment. iii) Confirmation of servicing allocation is required prior to development on the lands. 114\P'PROXJrMATE LOCATION OF SUBJECT LANDS I I I ... ~ / / I I I ~®Ontario Ministry of Municipal Affairs October 19, 1995 Ministere des Affaires municipales Mr. Lawrence Allison, A.M.C.T. Clerk Town of Aurora 100 John West Way Box No. 1000 Aurora, Ontario L4C 6Jl Dear Mr. Allison: Re: Approval of Amendment No. 3 to the Official Plan for the Town of Aurora File: 19-0P-0026-002 on October 18, 1995 this Official Plan document was approved. Please see the certificate page. The Original and Duplicate Originals have the approval endorsed thereon. One Duplicate Original has been retained for the Ministry's records. The Original, any remaining Duplicate originals, and the working copies are enclosed. Yours truly, . /~~ efan Hettich ea Planner Plans Administration Branch Central and Southwest Enclosure c.c. Region APROVALl.OP @N~fi0~~~ ~~ ' ' AMENDMENT NO. 03 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA 19-0P-0026-003 AMENDMENT NO. 3 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA This Amendment No. 3 to the Town of Aurora Official Plan which was adopted by the Council of the Corporation of the Town of Aurora is hereby approved under Sections 17 and 21 of the Planning Act, 1990 R.S.O. Date: _,f_._7Cf-'-~=----_, ~_0_,_/ tfJ=-- Diana Director Plans Administrat.ion Branch Central and Southwest Ministry of Municipal Affairs and Housing