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BYLAW - Adopt OPA#41 - 20011211 - 431101DTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4311-01.0 BEING A BY-LAW to adopt Official Plan Amendment No. 41 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. 41 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 11TH DAY OF DECEMBER, 2001 READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS 11TH DAY OF DECEMBER, 2001. I T.. JONES, '-...., B. PANIZZA, TOWN CLERK -._- AMENDMENT NO. 41 TO THE OFFICIAL PLAN FOR THE AURORA PLANNING AREA AMENDMENT NO. 41 . TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. 41 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: 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. 41 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 PAGE 1 1 1 1 3 3 5 Town of Aurora-OPA # 41 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 the Amendment is to introduce special policy for the subject lands shown on Schedule "A", attached hereto and forming part of this amendment. The Community Commercial designation would remain and the special policy would: • Permit a home improvement centre and garden centre within the Community Commercial designation for this site. • Permit additional free standing buildings on the subject lands. • Delete the requirement that the development take place in the form of an enclosed shopping centre. • Delete the minor collector road shown on Schedule E-E which lies south of the existing Exley Drive. • Provide policies to be implemented through the implementing zoning by-law and through site plan control dealing with appropriate site design including setbacks, landscaping and screening. 3.0 LOCATION The subject lands affected by this amendment are located on the west side of Bayview Avenue, north of Wellington Street in the Bayview-Wellington Centre Community. The property is immediately south of the Aurora Centre Shopping Centre. The subject lands are legally described as Part Lot 81, Concession 1 (Part of Part 1, Plan 65R-14984), Town of Aurora, formerly Whitchurch. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment in response to the following: 4.1 A market study was prepared on behalf of the Town by John Winter Associates. It demonstrated that a significant majority of the home improvement dollars are leaving the Town in favour of Newmarket. Further, there is a market for a home improvement centre in Aurora without detrimental impacts on the planned function of the community. In addition, the enclosure requirement is acting as an Town of Aurora-OPA # 41 2 impediment to full development of the Aurora Centre to the north of the proposed Home Depot site. The Winter study supports the plan amendment. 4.2 A traffic study was prepared by BA Consulting Group and it was concluded that the deletion of the minor collector road is justified and would not have adverse impact on the surrounding road network. In addition, the proposed development could take place, subject to road improvements. 4.3 A functional servicing report was prepared by Stantec Consulting Ltd. It is concluded that the site can be readily serviced. 4.4 The Town's Official Plan has always contemplated that a retail warehouse or home improvement centre be constructed in this vicinity. Lands were set aside to the immediate north for this purpose. These lands, however, were developed for a supermarket and therefore this amendment re-establishes Council's original intent to allow a home improvement centre in this area. 4.5 The subject lands are currently designated for commercial purposes with floor area limitations. This amendment continues to allow the property to be used for commercial purposes and does not permit any additional floor area above what was originally contemplated for the site. The amendment does, however, permit a change in built form. 4.6 There are no other lands designated within the Town which could accommodate a home improvement centre. 4.7 The proposed development is appropriate from a land use perspective. It is complementary to the existing commercial development to the north (Aurora Centre). With appropriate design, it can be compatible with the adjacent residential development to the west which is separated from the site by a 45 metre hydro right of way. 4.8 A public meeting was held on June 27, 2001 and matters relating to parking, setbacks, landscaping, and lighting were identified as issues to be addressed in the implementing zoning by-law and through site plan control. 4.9 It is Council's .intent to consider carefully the design issues identified at the public meeting and to this end appropriate building setbacks and parking standards shall be incorporated into the implementing zoning by-law and detailed landscape and external lighting plans shall be required in support of an application for site plan approval. 4.10 In dealing with the site plan, the Town will assess carefully the appropriate setback from the west (rear) property line through the implementing zoning by-law, if it is determined that the 45 metre separation provided by the hydro corridor is insufficient to deal with operational impacts of the proposed home improvement facility. Town of Aurora-OPA# 41 3 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 as Schedule "A" (Land Use Plan) and Schedule "B" (Roads Plan), constitutes Amendment No. 41 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): Schedule "AA", Detailed Land Use Plan, being part of the Bayview Wellington Secondary Plan -Official Plan Amendment No. 6, is amended by changing the land use designation for the lands described as Part of Lot 81, Concession 1 EYS, further defined as Part of Part 1, Plan 65R-14984 from "Community Commercial Centre" to "Community Commercial Centre Special, See OPA 41", as shown on Schedule "A" attached hereto and forming part of this amendment. Section 3.3.2 Community Commercial Centre of Bayview Wellington Secondary Plan -Official Plan Amendment No. 6 is hereby amended by adding the following as section 3.3.2. (i), which shall read as follows: i) Site specific policy (Official Plan Amendment 41) Notwithstanding any policies to the contrary of section 3.3.2 and 3.6.4 of the Bayview Wellington Secondary Plan -Official Plan Amendment No. 6, the following special policy applies to the 5.5 ha property designated Community Commercial Centre fronting on Bayview Avenue, described as Part of Lot 81, Concession 1 EYS and more particularly described as Part of Part 1, Plan 65R-14984: a) In addition to the uses permitted by section 3.3.2 (a), a home improvement centre and garden centre shall be permitted along additional free standings buildings for which the uses shall be in accordance with section 3.3.2 (a); b) Development may take place in the form of freestanding structures and it is not necessary to build in the form of an enclosed centre; Town of Aurora-OPA # 41 4 c) The subject lands form a portion of a "Community Commercial Centre", the floor area of which can be further expanded in accordance with section 3.3.2 (b). The policies of section 3.3.2 pertaining to maximum permitted floor areas shall continue to apply to the overall "Community Commercial Centre". If the "Community Commercial" designation is applied to land owned by more than one landowner, the allocation of permitted maximum floor area shall be in accordance with the ratio of land ownership; d) The policies contained herein shall be implemented by way of a site specific zoning by-law; e) In reviewing an application for site plan approval the Town shall ensure that the design of the commercial buildings encourages both safe vehicular and pedestrian access to the site. In addition, screening of certain elements, such as loading areas, refuse storage and roof top mechanical equipment shall be addressed in the site plan agreement; f) In reviewing an application for site plan approval the Town shall require submission of elevation drawings illustrating a high quality design and further the Town shall seek to m1mm1ze any adverse impact to the residential neighbourhood to the west in terms noise, lighting, site screening and traffic issues; g) The landscape plan submitted in support of a site plan application shall provide for appropriate screening, tree planting and other landscape elements. Particular attention shall be given to the interface with the existing residential community to the west to adequately buffer such use. In this regard the landscape buffer adjacent to the Hydro corridor shall be substantial and may be further augmented by plantings within the Hydro Corridor. In addition the site plan agreement shall contain a clause implementing interim landscaping should the entire site not be developed at one time; h) A "(H)" Holding prefix shall be placed on the lands through the site specific zoning by-law. The purpose of the "(H)" Holding prefix will be to ensure that a building permit to allow the construction of the development not be issued before March 1, 2003. At the request of the landowner, Council shall adopt a by-law to lift the "(H)" Holding prefix in sufficient time to allow construction to start on March 1, 2003; i) All other relevant policies of the Bayview Wellington Secondary Plan -Official Plan Amenment No. 6 shall continue to apply the subject lands. In addition the Urban Town of Aurora-OPA # 41 5 Item (3): Design Policies of Campus Commercial being Section 3.3.3 d) shall apply to the subject lands. Schedule E-E, Roads Plan is hereby amended by deleting that portion of the minor collector road shown on Schedule "B" attached hereto, and forming part of this amendment. 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, the Bayview Wellington Secondary Plan -Official Plan Amendment No. 6, Zoning By-law, Subdivision and Site Plan Agreements and if necessary a private Shared Facilities Agreement. EXPLANATORY NOTE Re: Official Plan Amendment Number 41 Amendment 41 located northwest of Bayview Avenue and Wellington Street applies to the subject lands as known as Part of Lot 81, Concession 1 EYS, further defined as Part of Part 1, Plan 65R-14984. The amendment proposes to amend the Official Plan from from "Community Commercial Centre" to "Community Commercial Centre Special". The purpose of the amendment is to permit a home improvement centre and garden centre along with two additional free standing buildings on the subject lands. In addition the proposed overall development of the area does not require that Exley Drive be constructed as originally planned and hence the amendment removes the requirement for the construction of Exley Drive.