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BYLAW - Adopt Official Plan Amendment No. 25 - 19980723 - 396398DAMENDMENT NO. 25 TO THE OFFICIAL PLAN FOR THE AURORA PLANNING AREA 1 '-------------------__ , _____ ,:..._-,._._. _______ -- AMENDMENT NO. 25 TO THE OFFICIAL PLAN FOR THE AURORA PLANNING AREA The Amendment No. 25 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 under Sections 17 and 21 of the Planning Act as amended. Date:. _________ _ Mike DeAngelis, Director of Development Services Regional Municipality of York 2 THE CORPORATION OF THE TOWN OF AURORA By-law Number 3963-98.D BEING A BY-LAW to adopt Official Plan Amendment No. 25 The Council of the Corporation of the Town of Aurora, under Section 17 (22) of the Planning Act, RSO 1990 Chapter P. 13 as amended, hereby enacts as follows: I. Official Plan Amendment No. 25 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 Regional Municipality of York for approval of Official Plan Amendment No. 25 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 TIME THIS 24rn DAY OF JUNE, 1998. READ A SECOND AND THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF JULY, 1998. J. MARCO VECCHIO, ACTING DEPUTY CLERK 3 AMENDMENT NO. 25 TO THE OFFICIAL PLAN FOR THE CORPORATION OF THE TOWN OF AURORA Index Page The Statement of Components 1 PART I-THE PREAMBLE 2 Purpose of the Amendment 2 Location 2 Basis of the Amendment 2 PART II-THE AMENDMENT 4 Introductory Statement 4 Details of the Amendment 4 Implementation and Interpretation 8 PART III-THE APPENDICES 12 4 <. PART I PART II PART III STATEMENT OF COMPONENTS THE PREAMBLE does not constitute part of this Amendment. THE AMENDMENT, consisting of the following text and maps (designated Schedule "A", "B", "B-2", and "H") constitutes Amendment No. 25 to the Official Plan for the Town of Aurora. THE APPENDICES does not constitute part of this Amendment. 5 PART I-THE PREAMBLE Purpose of the Amendment The purpose of this amendment is to change the land use designation on the subject lands from "Service Commercial" and "Prestige Industrial" to "Community Commercial Centre Special" as shown on Schedules "A", "B", "B-2" and "H". The amendment would permit a commercial supermarket. Location The lands affected by this. amendment are located within Part of Lot 85, in Concession 1, E.Y.S., in the Town of Aurora. The subject land is located on the west side of Bayview Avenue immediately south of St. John's Sideroad. Basis of the Amendment Council has enacted the amendment in response to the following: I. An application has been made by St. John's Bay Land Company Ltd., on behalf of Loblaw Properties Limited, to develop the subject lands for a commercial supermarket. 2. The subject land is currently vacant and designated "Service Commercial" and "Prestige Industrial" on Schedule "A", Land Use Plan. 3. Under the current Official Plan designations "Service Commercial" and "Prestige Industrial" respectively permit: "office uses related primarily to the industrial area, hotels and motels, restaurants, banks, speciality trades related to services to business such as printing, advertising, and art layout studios" and "manufacturing, assembling, fabrication, processing, warehousing, trade schools, daycare centres, wholesaling and the internal storage of goods, offices which are in conjunction with one of the above mentioned uses shall be permitted provided that. the floor areas and building size does not detract from the character of the industrial area". 4. Town of Aurora Urban Growth Management Study, May 1996, projects that the population of Aurora will grow to 53,000 persons by 2011 and 65,000 persons by the year 2021. Ultimately by the year 2021 Aurora may double in population. Consequently, it may accommodate at least double the amount of commercial space located within the municipality. 6 ' 5. The subject lands are identified on Schedule "B" to the Official Plan as lying within the "The Aurora East Industrial Estates Secondary Plan". The commercial use proposed will meet the needs of the community; provide a full line supermarket, operated by the Loblaw group of companies, provide for a gateway feature to the community along the Bayview A venue corridor; and enhance the economic viability of the surrounding area. 6. Both St. John's Sideroad and Bayview Avenue serve an arterial road function, which is to carry large volumes of traffic through the municipality. Earl Stewart Drive is designated as a minor collector road on Schedule "E" to the Official Plan. Attention is given to all forms of transportation access and to the provision of safe and convenient pedestrian and vehicular access to the subject lands. 7. The subject lands are serviced by all utilities and the bus transit system. The development of the proposed supermarket, and adjacent residential and other development will contribute to the use of public transit in this area. 8. The commercial component consists of a free-standing building totalling 5, 730 square metres (61,679 square feet) of retail gross floor area in Phase I, with an additional 1,850 square metres (19,914 square feet) of retail space proposed for Phase II. The proposed supermarket when completed, is to be comprised of approximately 7,580 square metres (81,593 square feet) of retail gross floor area and a mezzanine area which shall include non-retail uses. The gross floor area will not however exceed 7,970 square metres (85,791 square feet) including both phases and the mezzanine. 9. Appropriate aesthetics can be incorporated into the design of the building as demonstrated through preliminary submissions by the landowners. Parking, setbacks, landscaping, lighting and signage have been carefully considered in the design of the site to satisfy and meet the needs of area residents and the objectives of the municipality. 10. There are four ( 4) proposed access locations for the site. The Bayview Avenue and the most southerly and most northerly Earl Stewart Drive accesses are proposed as the customer accesses to the proposed supermarket. The central access on Earl Stewart Drive is a service access for the loading area and garbage facilities. 7 ' 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 maps, designated Schedule "A" (Land Use Plan), and Schedule "B" (Commercial Centres), Schedule "B-2" (Concept Plan -Proposed Supermarket), and Schedule "H" (Site Specific Policy Areas), constitutes Amendment No. 25 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) Item (3) Item (4) Item (5) Schedule "A" -Land Use Plan, is amended by changing the land use designation from "Service Commercial" and "Prestige Industrial" to "Community Commercial Centre Special", as shown on Schedule "A" attached hereto and forming part of this amendment. Schedule "B" -Commercial Centres, is amended by identifying the land use designation of the subject lands to "Community Commercial Special", as shown on Schedule "B" attached hereto and forming part of this amendment. Schedule "B-2" -Concept Plan -Proposed Supermarket, attached hereto and forming part of this amendment, is added to the Official Plan. Schedule "H" -Site Specific Policy Areas, is amended to include and reference the subject lands as 3.2.7.i, as shown on Schedule "H" attached hereto and forming part of this amendment. Section 3 .2. 7 -Commercial Centres, Site Specific Policy Areas is hereby amended by adding subsection 3 .2. 7 .i to the end of that Section as follows: "Lands located on Part of Lot 85, in Concession 1, E.Y.S., as shown as Community Commercial Centre on Schedule 'A' attached hereto, shall permit commercial development in accordance with the following: i) The use of the lands shall be developed for a retail supermarket which shall be defined by a Campus Commercial Exception zone in the implementing zoning by-law, to reflect a large single user facility on the property. ii) The maximum permitted retail gross floor area shall be 7,580 square metres, and shall be phased as follows: 8 ' a) Phase I 5730 square metres b) Phase II 1850 square metres A mezzanine area may also be permitted, and may be constructed in whole or in part in either phase of the development. The mezzanine shall include non-retail uses such as offices, community meeting rooms with kitchen facilities, seating and rest areas, a photo lab, supply, mechanical and storage rooms and public washroom facilities. The floor area of the mezzanine shall be established in the implementing zoning by-law, but in no case will the total of Phase I plus the mezzanine exceed 6,112 square metres. iii) The policies contained herein shall be implemented by way of a site specific zoning by-law, which by-law may regulate the size and location of specific uses and shall implement the intent of Schedule "B-2" attached hereto. iv) The commercial use shall be developed generally as set out on Schedule "B-2" attached hereto. This development shall be subject to an individual site plan agreement, as may be required by Council. Individual applications for site plan approval and building permits shall be required to conform to the general intent of the overall development concept and the site plan agreement. v) Modifications fo the development concept as set out on Schedule "B- 2", that result from detailed design considerations or conditions of approval emanating from Town or external agency requirements, such as the shifting of buildings, parking, landscaping and entrance locations may be permitted. Such modifications shall not require an amendment to the Official Plan. vi) Implementation and construction of the development scheme contemplated by Schedule "B-2" attached hereto may occur in phases provided that a specific site plan agreement has been executed for the phase contemplated. vii) The lands are located within close proximity to a "Gateway", as set out in Section 3.7.b.v of the Official Plan. When considering development on the subject lands, it is appropriate to place special emphasis on the urban design policies outlined in Section 3.9 of the Official Plan in order to strengthen the sense of visual community identity. Accordingly, it shall be the policy of Council to require a comprehensive site plan which incorporates design elements for the subject lands which achieve the following: 9 a) A landscaped area "gateway" feature shall be provided at the comer of St. John's Sideroad and Bayview Avenue to encourage pedestrian access to the site, create an element of interest, and lend emphasis to the visual gateway function of the site; b) Council shall require urban design standards, implemented through the site plan approval process, which ensure that the design of the commercial building encourages both safe vehicular and pedestrian access to the site, and that the exterior design of the building and roof treatment are compatible with the surrounding land uses. c) A high standard of signage, lighting, street furniture and other appurtenances shall be required; d) Screening of certain elements on the development site such as loading areas, refuse storage, and roof top mechanical equipment shall be addressed in the site plan agreement; e) The design shall ensure that parking areas are landscaped, lighted and screened around the edges to be visually attractive, safe and supportive for pedestrians; f) The development of the subject lands shall be accomplished in a manner which minimizes changes in grades to the greatest extent possible. Where grade changes are essential, appropriate mitigating measures such as retaining walls and landscaping, shall emphasize aesthetics and safety in their design to the satisfaction of the Town; and g) To ensure the implementation of the above urban design measures, Council may enact site specific zoning standards which establish appropriate setbacks to ensure building envelopes are well defined and developed as intended. In addition, and Urban Design Consultant may be retained to provide comment on behalf of the municipality on plans submitted for site plan approval on the project. viii) Prior to the Town providing site plan approval for the subject lands, a landscaped design plan shall be prepared and submitted for approval to the Town of Aurora. The landscaped design plan shall address such items as: a) appropriate screening, tree planting and other landscape elements for the development; b) preservation and conservation of existing significant trees and vegetation; and 10 c) a high quality landscaped strip of substantial width along St. John's Sideroad and Bayview Avenue within the amendment area reflective of the important Gateway function this area serves. ix) Notwithstanding the policies of Section 4.3.2 of the Official Plan, Council may place any of the lands subject to this amendment in a holding category pursuant to Section 36, R.S.O. 1990, of the Planning Act. x) The proponent is required by Section 3.2.2.d. of the Town of Aurora Official Plan to provide a market feasibility and impact study, given the proposed supermarket use is greater than 2,800 square metres (30,000 square feet) in size. The proponent has provided this study which concludes there is a market for the proponent's use. It is generally accepted that there will exist in the mature community, which is intended to be served by the proponent's use, a market for the proposed development. Concern exists, however, that there may be a short term impact, as set out in the proponent's study, that the Town of Aurora prefers to avoid. Accordingly, it is deemed advisable to impose a "(H)" Holding prefix on the lands, through the proposed zoning by-law for the use. The "(H)" Holding prefix may be lifted upon application by the proponent, if Council is satisfied as to the following: a) the Town of Aurora shall be satisfied that appropriate arrangements are set out in a site plan agreement. The agreement may include provisions for phasing of the development contemplated by this amendment; b) in any event, the "(H)" Holding prefix shall not be lifted any earlier than September 1, 2000, for any part of Phase I and September 1, 2001 for any part of Phase II to allow for a building permit to be issued to the proponent to commence construction of the supermarket; and c) that an agreement has been entered into with the proponent that the supermarket shall not open for business prior to April 23, 2001 for any part of Phase I and April23, 2002 for any part of Phase II. xi) Prior to development commencing on the subject lands, a traffic impact assessment shall be prepared by the owner and reviewed by the Town. It shall be the policy of Council to incorporate into the site plan agreement, 11 as an obligation of the developer, any recommendations and/or measures emanating from the approved traffic assessment relating to the development of the subject lands. xii) Unless precluded, altered, or exempted by any policies contained herein, all of the relevant policies of the Official Plan shall apply to the development contemplated by Schedules "A" and "B" attached hereto". Implementation and Intemretation The implementation and interpretation of this amendment shall be in accordance with the respective policies of the Aurora Official Plan, and as may more specifically be set out or implied within the policies contained herein. 12 ' ST. -··. \ . I ./· I ... / JOHN • S SIDEROAD SUBJECT LANDs REDESIGNATED SERVICE COMMERCIAL AND PRESTIGE INDUSTRIAL TO COMMUNITY COMMERCIAL CENTRE AMEN\. !IENT NO • 25 J SCHEDULE 'A.' LAND USE PLAN EXTRACT FROM THE AURORA OFFICIAL PLAN LEGEND ~ PRESTIGE INDUSTRIAL ~ GENERAL INDUSTRIAL f/,0'/,?J OFFICE "COMMERCIAL It~ i'l SERVICE COMMERCIAL -COMMERCIAL L •. I MAJOR OPEN SPACE SPECIFIC CCNTQJR INTERVAL 2.:5 FEET 2CO 0 XlO .;Q) I ·-----'fEET 100 o •oo zoo I -...-I METRES i r I j I t. I ~ I i N ' il ' i ~ TOWN OF AURORA OFFICIAL PLAN LEGEND: t\Wfillf&F '!!lilllnlm ~ llllllilllllllll COMMUNITY. CONVENIENCE SERVICE CAMPUS SPECIAL BASED ON SITE SPECIFIC POLICIES OR SECONDARY PLANS LANDS SUB,JECT TO THE POLICIES e ee eee OF OPA No.S2-THE AURORA EAST INDUSTRIAL ESTATES SECONDARY PLAN AMENDMENT NO. 25 SCHEDULE ·e· COMMERCIAL CENTRES J r 1. VONGE ST. NORTH COMMUNITY I 2. HISTORIC CORE COMMUNITY For Euct Bounderles, S.. T8JII 3, YONGE ST. SOUTH COMMUNITY Scale 1:20,000 ~L::~~~ 800 ·~ ... ·'·~·)rv~~ :·..._ ( ::'-: /,-. t. lltl sm: r· ....-Put .. ,. ;: Q --.. J: .! en ;: .. w \ ' S I. John • • Sidorood 1<.11111 •• '.J·~ 1-\,_ • ., ;, .. p, .... ~::..;, .. - / . =.II .. ---···-....... = ~ -· --::::-.:.:- 1 '"t· • ~ ~~-·T·-~ -· -} lL_ -· _ _..· ·--· ---1 FROPQS£0 STat\£ . ·-·-~ ... ·-·-· --· ·-· ' ' ' . ' ..-;;- _I . t :~ :r ------------:. ' ' . ' £XPAIIISION TOWN OF AURORA OFFICIAL PLAN AMENDMENT NO-25 SCHEDULE .-B-2 • CONCEPT PLAN-PROPOSED SUPERMARKET, ST-JOHN"S SIDEROAD AND BAYVIEW AVE 3.2.7.i •• 81 T9 " TJ , r:ON TOWN OF AURORA OFFICIAL PLAN LEGEND: SITE SPECIFIC POLICY AREAS Off!Cf f:CII$C>UIIU!ott: BER 1996 AMENDMENT NO. 25 SCHEDULE .H. SITE SPECIFIC POLICY AREAS MAP 1 t Sc•l• 1:20,000 2nt1 0 roo 400 600 m , •• PART III: THE APPENDICES The following Appendix does not constitute part of Amendment No. 25 and is included for information purposes only. 1. Map 1 Map 1, which shows the location of the subject lands, IS attached for information purposes only. Al?l?ENDIX 1 > LC>C::A'I'IC>N MAl? Al?l?R.C>XIMAT LC>C::A'I'IC>N C> SUBJECT L,A:N[~DS . ·,-- ·. '.i·' AM~Nb~ENTN0.>25 TOTHJ£ . O~FI~~P~FO~THE; TOWN·OFAURORA . • ·. • •• ·.·• • .. < > •· .. · • •·••••••· ...••••.. · ... · .••.. •. ··••··• .••... · .. ·.· ...... ·. . .••.. •.• . . ··. ThisAm~ndmentNo. 25 to the Town ofA)ltora Official Plan whichwas. adopted hy the Council of the Corporation.of the. Town ofA11rora ishereby approved imder Section 17(9} ofthe Planlli.rig.Act; · · · ' ' ' <' ... ing& Develo ·. erit SerVices ·· RegipnaLPlanJi1ng & Developll1ent ServicesDepartment . .· RegionalM)lll:ihpality ofYork