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BYLAW - Adopt OPA#40 - 20011113 - 430901DTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4309-01.0 BEING A BY-LAW to adopt Official Plan Amendment No. 40 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. 40 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 such application on behalf of the Corporation and to execute under the Corporate Seal such documents as may be required for the above purposes. 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 13TH DAY OF NOVEMBER, 2001. READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS 13TH DAY OF NOVEMBER, 2001. Note: In accordance with the Regional Official Plan Amendment# 9, as approved by by-law A-0265-1999-017, this amendment is exempt from Regional approval. In this regard, the Town of Aurora is the signing authority. AMENDMENT NO. 40 TO THE OFFICIAL PLAN . FOR THE AURORA PLANNING AREA AMENDMENT NO. 40 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. 40 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, R.S.O, 1990. ( Date: ,1(/tJZ!l/mf,r;.r 5¥1 ,.··--· AMENDMENT No. 40 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA STATEMENT OF COMPONENTS PART 1-THE PREAMBLE 1.0 Introduction 2.0 Purpose of the Amendment 3.0 Location 4.0 Basis of the Amendment PART 2-THE AMENDMENT 1.0 Introduction 2.0 Details of the Amendment 3.0 Implementation and Interpretation Schedule "A1" -Land Use Plan Schedule "A2" -Land Use Plan PAGE 1 1 1 1 1 4 4 4 8 ------------------·----·--··---·· ------·------------~----·------------------ Pari 1 -The Preamble Page 1 PART 1 -THE PREAMBLE 1.0 INTRODUCTION This part of the Amendment entitled Part 1: The Preamble, introduces the Amendment and describes the context and planning process leading to the document's preparation. It is for explanatory purposes only and does not form part of the Amendment. 2.0 PURPOSE The purpose of this amendment is to change the land use designation on the subject lands shown on Schedules "A 1" and "A2" attached hereto and forming part of this amendment from "Office Commercial" and "Prestige Industrial" to "Service Commercial Special" and from "Office Commercial" and·"General Industrial" to "Office Commercial Special" and to establish site specific policies to permit the use of the lands for a variety of retail, business and professional offices, including medical and dental offices, restaurants, banks and financial institutions, and other complimentary commercial uses which serve the surrounding industrial and residential communities. 3.0 LOCATION The lands affected by this amendment are located in Part of Lots 83 and 84, in Concession 1, E.Y.S., in the Town Aurora, better described as Parts 8 to 32 inclusive, on Registered Reference Plan 65R-22241. The subject lands are located between Bayview Avenue and McMaster Avenue, immediately north of Hollandview Trail, and are comprised of approximately 3.08 hectares of vacant land. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment in response to the following: 4.1 An application has been made by St. John's Bay Land Company Ltd. to develop a portion of the subject lands for retail and other complimentary commercial uses. The balance of the lands will be developed for offices, including medical and dental offices, and other complimentary commercial uses. 4.2 The subject lands are currently vacant and are designated "Prestige Industrial" and "General Industrial" as shown on Schedule "A" to Official Plan Amendment No. 52 and "Office Commercial" as shown on Schedule "A -A" to Official Plan Amendment No. 6. Part 1 -The Preamble Page 2 4.3 Under the current Official Plan designations, "Prestige Industrial", "General Industrial" and "Office Commercial" respectively permit: "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". "all uses permitted in the Prestige Industrial category and will also include automobile repair shops, public and institutiQnal uses such as service clubs, religious institutions, curling clubs and arenas. Limited retail sale of products made or assemble in the industrial premises shall be permitted. Limited outdoor storage may be permitted subject to appropriate screening being provided such that the storage does not detract from the quality of the industrial area". "high quality office buildings. Hotels shall also be permitted. A limited amount of commerCial uses such as banks, restaurants and services to businesses may be permitted on the ground floor of buildings within the "Office Commercial" designation." 4.4 The commercial uses proposed will meet the needs of the community; and will service the surrounding industrial and residential areas, therefore enhancing the economic viability of this area. 4.5 The proposed commercial development is compatible with the other existing and proposed commercial uses to the north and south along Bayview Avenue, including several retail plazas, Zellers, Sabey's and the approved Loblaws store. 4.6 The proposed commercial uses will ensure these lands remain as employment lands for the Town. 4.7 Bayview Avenue serves an arterial road function, which is to carry large volumes of traffic through the municipality. Earl Stewart Drive, McMaster Avenue and Hollandview Trail are designated as minor collector roads on Schedule "E" to the Official Plan. Attention will be given to all forms of transportation access and to the provision of safe and convenient pedestrian and vehicular access to the subject lands. Part 1 -The Preamble Page 3 4.8 The subject lands are serviced by all utilities and the bus transit system. The development of commercial uses and the medical/professional uses will contribute to the use of public transit in this area. 4.9 Appropriate aesthetics can be incorporated into the design of the building. Parking, setbacks, landscaping and buffering, lighting and signage can be considered in the design of the site to satisfy and meet the needs of area residents and objectives of the municipality. 4.10 Proposed access/egress locations for the site shall generally be from Hollandview Trail, McMaster Avenue and Earl Stewart Drive. Access to Bayview Avenue may be permitted subject to approval of the Region of York. Part 2-The Amendment Page4 PART 2-THE AMENDMENT 1.0 INTRODUCTION All of this part of the document entitled Part 2 -The Amendment, consisting of the following text and attached maps, designated Schedule "A1" (Land Use Plan) and Schedule "A2" (Land Use Plan), constitutes Amendment No. 40 to the Official Plan for the Town of Aurora. 2.0 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) Schedule "A-A", Detailed Land Use Plan, being part of the Bayview Wellington Secondary Plan -Official Plan Amendment No. 6, is hereby amended by the removal of lands designated "Office Commercial" and identified as Parts 21, 22, 25, & 26 on Registered Reference Plan 65R- 22241, as shown on Schedule "A 1" to Official Plan Amendment No. 40 attached hereto and forming part of this amendment. Schedule "A", Detailed Land Use Plan, being part of the Aurora East Industrial Estates Secondary Plan-Official Plan Amendment No. 52 is hereby amended by the. addition of the lands identified as Parts 21, 22, 25, & 26 on Registered Reference Plan 65R-22241, as shown on Schedule "A2" -Land Use Plan to Official Plan Amendment No. 40 attached hereto and forming part of this amendment. The lands shown as subject lands on Schedule "A2" shall be designated "Office Commercial Special" and "Service Commercial Special" as shown on Schedule "A2" to Official Plan Amendment No. 40 attached hereto and forming part of this amendment. Section 2.2.3 -Service Commercial is hereby amended by adding subsection 2.2.3.1 to the end of that Section as follows: i) Site Specific Policies (Official Plan Amendment 40) Notwithstanding any policies to the contrary of Section 2.2.3 of the Aurora East Industrial Estates Secondary Plan -Official Plan Amendment No. 52, the following special policies apply to the property designated Service Commercial Special, described as Part of Lots 83 and 84, in Concession 1, E.Y.S., and shown on Schedule "A2" attached hereto: Part 2-The Amendment Page 5 a) The use of the lands shall generally be developed for a variety of retail uses, but excluding a supermarket, department store, junior department store, convenience retail, and automotive uses. Business and professional offices including medical and dental offices, post offices and government administrative offices, restaurants including drive thru and take-out, banks and financial institutions including drive-thru, automated teller machines, personal and light service shops, photo studio, drug stores and pharmacies, clinics, optical supply, video rental stores, bake shops, and other complimentary commercial uses shall also be permitted. b) The policies contained herein shall be implemented by way of a site specific zoning by-law. c) The commercial uses shall be subject to an individual site plan agreement(s), 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 site plan agreement. d) Implementation and construction of the development contemplated may occur in phases provided that a specific site plan agreement has been executed for the phase contemplated. e) Council shall require high standards in design, implemented through the site plan approval process, which ensure that the design of the commercial building(s) encourages both safe vehicular and pedestrian access to the site, and that the design of the building(s) and roof treatment are compatible with the surrounding land uses. A controlling architect is to be retained by the Town to review the site plan application and the cost of such shall be borne by the applicant. f) A high standard of signage, lighting, street furniture and other appurtenances shall be required. g) Screening of certain elements on the development site such as loading areas, refuse storage, and rooftop mechanical equipment shall be addressed in the site plan agreement. h) The design shall ensure that parking areas are landscaped, lighted and screened around the edges to be visually attractive, safe and supportive for pedestrians. ---------------- Part 2-The Amendment Page6 Item (5) i) 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. j) 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. k) 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 appropriate screening, buffering, tree planting and other landscape elements for the development. I) The policies contained in Section 3.2.5.c.ii shall not apply to the subject lands. m) 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. The "(H)" Holding prefix may be lifted upon application by the proponent, if Council is satisfied that appropriate arrangements are set out in a site plan agreement. n) 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 Schedule "A2" attached hereto. Section 2.2.4 -Office Commercial is hereby amended by adding subsection 2.2.4.1 to the end of that Section as follows: i) Site Specific Policies (Official Plan Amendment 40) Notwithstanding any policies to the contrary of Section 2.2.4 of the Aurora East Industrial Estates Secondary .Plan -Official Plan Amendment No. 52, the following special policies apply to the property designated Office Commercial Special, described as Part of Lots 83 and 84, in Concession 1, E.Y.S., and shown on Schedule "A2" attached hereto: Part 2-The Amendment Page 7 a) The use of the lands shall generally be developed for business and professional offices including medical and dental offices, clinics, medical and dental laboratories, animal hospitals, post office and government administrative offices. Other complimentary ancillary commercial uses such as a drug store, optical supply, copy centre and automated teller machines shall also be permitted. b) The policies contained herein shall be implemented by way of a site specific zoning by-law. c) The development of the lands shall be subject to an individual site plan agreement(s), 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 site plan agreement. d) Implementation and construction of the development contemplated may occur in phases provided that a specific site plan agreement has been executed for the phase contemplated. e) Council shall require high standards in design, implemented through the site plan approval process, which ensure that the design of the commercial building(s) encourages both safe vehicular and pedestrian access to the site, and that the design of the building(s) and roof treatment are compatible with the surrounding land uses. A controlling architect is to be retained by the Town to review the site plan application and the cost of such shall be borne by the applicant. f) A high standard of signage, lighting, street furniture and other appurtenances shall be required. g) 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. h) The design shall ensure that parking areas are landscaped, lighted and screened around the edges to be visually attractive, safe and supportive for pedestrians and where appropriate buffer surrounding land uses. Part 2-The Amendment PageB i) 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. j) 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. k) 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 appropriate screening, buffering, tree planting and other landscape elements for the development. I) 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. The "(H)" Holding prefix may be lifted upon application by the proponent, if Council is satisfied that appropriate arrangements are set out in a site plan agreement. m) 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 Schedule "A2" attached hereto. 3.0 IMPLEMENTATION AND INTERPRETATION 3.1 The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Aurora Official Plan, Zoning By-law, and any Site Plan Agreement. (, r·-·-·J I I I i )chedule A 1 Land Use Plan dment No. 40 to the Official Plan for the Town of Aurora Lands to be removed from OPA No.6 !,:IIMMUNITY C!lMMF.RCIAI. Ct:Nl'R~: l:'1mpus l:'om"!ucial l:'rnlrt Nt:IGIIPillJRHUIIIJ COMMERCIAl. OFFICE COMMERCIAl. INSTITUTIONAl. PARKS & IIPF.N SPACE e; rn ~ 1·~~-s.\ RF.SID~:NTIAI. l..ow. Medium Urn!lilly {::::I . . Medium Ornsily {:z.::":~·:/.1 E7:B Medium IUJth Densily ~ IIIRh Density ~ .fliKh Uensily · Mixed Use .. { \ \ / / / :\:~<'. ,~, ' '··. Subject Lands Redesignated From Generalln?ustrial to ~)#·_.::.:_.·_.:·:·:·:·:·:·::·.:;:-:·:·:·:·: Off1ce Commercial Spec1al ·:::::. · · · · · · · · · ;:i Subject Lands Added to OPA No. 52 and designated Office Commercial Special ' Jchedule "A2" Land Use Plan to the Official Plan for the Town of Aurora Subject Lands Redesignated From Prestige Industrial to Service Commercial Special Subject Lands Added to ,__ OPA No. 52 and designated Service Commercial Special .LEGEND ~ PRESTIGE INDUSTRIAL I ~:'~(41 'l GENERAL INDUSTRIAL fZ@iJ OFFICE 'COMMERCIAL i:: :.:.::·:·:.\ SERVICE COMMERCIAL -COMMERCIAL [~·; '~ ,~:··'al MAJOR OPEN SPACE SPECIFIC -9- EXPLANATORY NOTE Re: Official Plan Amendment Number 40 Official Plan Amendment No. 40 has the following purpose and effect: To amend the Town of Aurora Official Plan, to redesignate the subject lands being Parts 8 to 32 inclusive, on Registered Reference Plan 65R-22241, from "Prestige Industrial", "General Industrial" and "Office Commercial" to "Service Commercial Special", and "Office Commercial Special". The amendment is to permit that portion of the subject lands designated as Service Commercial Special to be developed generally for retail stores, but excluding supermarkets, department stores, junior department stores, convenience retail, and automotive uses. Business and professional offices, including medical and dental offices, clinics, drug stores and pharmacies, post office, and government administrative offices, banks and financial institutions, restaurants, personal and light service uses, and other complimentary commercial uses shall also be permitted. The portion of the subject lands designated as Office Commercial Special shall generally be developed for business and professional offices, including medical and dental offices, post office, government administrative offices, clinics, medical and dental laboratories, animal hospitals and other complimentary ancillary commercial uses. Specific policies have been included in the amendment to regulate such matters as parking, ingress/egress, landscaping and urban design standards. The Official Plan policies shall be implemented by way of a site specific zoning by-law.