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BYLAW - OPA #50 St.Johns Bayland LCBO - 20040224 - 450804D100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca AFFIDAVIT UNDER SECTION 17(28) OF THE PLANNING ACT (1990) I, Bob Panizza, hereby certify that Official Plan Amendment No .50 for the Town of Aurora Planning Area was adopted by By-law No. 4508-04.D, passed by the Council of the Corporation of the Town of Aurora on the 24'h day of February. I also certify that by letter dated January 28'h 2004, the Regional Municipality ofYork, exempted Official Plan Amendment No. 50 from Regional approval pursuant to Subsections (9) and (1 0) of Section 17 of the Planning Act (1990). A Notice of Adoption was circulated on the 1" day of March 2004 in the form and to the persons prescribed by Ontario Regulation 198/96, as amended, made by the Lieutenant Governor-in-Council under Subsection (23) of Section 17 of The Planning Act (1990). I also certify that the 20-day appeal period expired on the 21" dayofMarch 2004, and to this date no notice of appeal of the Official Plan Amendment has been filed by any person in the office of the Clerk. Dated this 25'h day of March 2004. Bob Panizza, Town Clerk ;i. ' ··--·-------~~-~ AMENDMENT NO. 50 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA AMENDMENT NO. 50 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. 50 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: lAAat:.\.\ l /a4. -~~~-----~~~---··--~··--~-~-~----·····--······--··--------·---------·-···--··. . ... ~~--~--~~---~····-~~------~-~-- AMENDMENT NO. 50 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 "A" -Land Use Plan PAGE 1 1 1 1 1 4 4 4 7 Town of Aurora-OPA #50 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 Schedule "A" attached hereto and forming part of this amendmentfrom, "Prestige Industrial" to "Service Commercial Special" and to establish site specific policies to permit the use of the lands for a variety of retail stores including a LCBO warehouse/retail store, and/or Brewer's Retail Outlet (Beer Store), 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 Lot 85, Concession 1, E.Y.S., in the Town Aurora, better described as Lot 1 and Block 7, on Plan 65M-2874. The subject lands are located between Bayview Avenue and Earl Stewart Drive, south of St. John's Road and north of Pederson Drive, and are comprised of approximately 1.1 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. It is the intent that the lands will be the site of a new LCBO warehouse/retail store. 4.2 The subject lands are currently vacant and are designated "Prestige Industrial", as shown on Schedule "A" to Official Plan Amendment No. 52. Town of Aurora-OPA #50 2 4.3 The following uses are permitted under the current "Prestige Industrial" designation: "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". 4.4 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, Home Depot and the approved Loblaws supermarket. 4.6 The proposed commercial uses will ensure these lands remain as employment lands for the Town. 4.7 Bayview Avenue is an arterial road, which is to carry large volumes of traffic through the municipality. The Region of York has approved Bayview Avenue for four lanes with a continuous centre turning lane. In addition, the Region of York has approved an entrance onto Bayview Avenue for the Loblaws site, to the north of the subject lands. The Region of York, as part of its approval of the Bayview Avenue access, has required that access to the subject lands also be provided from the approved Bayview Avenue access, via an easement. Earl Stewart Drive and Pedersen Drive are designated as minor collector roads on Schedule "E" to the Official Plan. It is intended that the Loblaws site, the subject lands and the Commercial C5-41ands to the south, would all be serviced and be inter-connected by an internal traffic system that would only access/egress Bayview Avenue in Regionally approved location(s). Additional access/egress locations would be provided between properties, and along Earl Stewart Drive and Pedersen Drive, as approved by the Town. The subject lands would have no direct access/egress to Bayview Avenue. It is intended that this internal traffic system will ease traffic flows on Bayview Avenue. 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. -----·---~--·----·---~--~~----------~---~--··---·---~---·------------------------------------------- Town of Aurora-OPA #50 3 4.8 Surplus parking on subject lands may be utilized by the Loblaws supermarket to · the north. 4.9 The subject lands are serviced by all utilities and the YRT transit system. The development of commercial uses will contribute to the use of public transit in this area. 4.10 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. ·-------------···-·-~---·----------. -~----· Town of Aurora-OPA #50 4 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 "A" (Land Use Plan), constitutes Amendment No. 50 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) 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 Lot 1 and Block 7, on Plan 65M-2874, as shown on Schedule "A"-Land Use Plan to Official Plan Amendment No. 50 attached hereto and forming part of this amendment. The lands shown as subject lands on Schedule "A" shall be designated "Service Commercial Special" as shown on Schedule "A" to Official Plan Amendment No. 50 attached hereto, and forming part of this amendment. Section 2.2.3 -Service Commercial is hereby amended by adding subsection 2.2.3.2 to the end of that Section as follows: "2.2.3.2 i) Site Specific Policies (Official Plan Amendment 50) 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 Lot 1 and Block 7, Plan 65M-2874, and shown on Schedule "A" attached hereto: Town of Aurora-OPA #50 . 5 a) The use of the lands shall generally be developed for a variety of retail uses including a LCBO warehouse/retail store and/or Brewer's Retail Outlet (Beer Store), but . excluding a supermarket, department store, junior department store, convenience retail, and drug store/pharmacy. 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 services shops, photo studio, clinics, optical supply, video rental stores, bake shops not exceeding 464 square metres of gross leasable floor area, and other complimentary commercial uses shall also be permitted. b) There shall be no direct vehicular access to Bayview Avenue. c) The policies contained herein shall be implemented by way of a site specific zoning by-law. d) 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. e) 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. f) 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. Town of Aurora-OPA #50 6 g) A high standard of signage, lighting, street furniture and other appurtenances shall be required. h) 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. i) The design shall ensure that parking areas are landscaped, lighted and screened around the edges to be visually attractive, safe and supportive for pedestrians. Surplus parking on site may be utilized by the Lob law lands located to the north. j) The development of the subject lands shall be accomplished in a manner that 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. k) 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. I) 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. m) The policies contained in Section 3.2.5.c.ii shall not apply to the subject lands. 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 "A" attached hereto". ---,---·-~·---.. ----------------~~---~-·--·--~-----------·--. ---- Town of Aurora-OPA #50 7 Item (4): Schedule "H"-Site Specific Policy Areas to the Town of Aurora Official Plan is hereby amended to include and reference the subject lands as "2.2.3.2. (OPA No. 50)". 3.0 IMPLEMENTATION AND INTERPRETATION 3.1 The implementation and interpretation ofthis Amendment shall be in accordance with the respective policies of the Aurora Official Plan, Zoning By-law, and any Site Plan Agreement. I \ / i .::::::·tf:::::· ... ········ J.!iu ' Subject Lands Redesignated From Prestige Industrial to Service Commercial Special ~ SCHEDULE 'A' LAND USE PLAN Amendment No. 50 to the Official Plan for the Town of Aurora LEGEND -~ Prestige Industrial ~'&j General Industrial t ; ; : : ; ;I Service Commercial ~Major Open Space Specific CO'fTOJR INTE.RVAL 2.5 FEET :oo o· XXJ ~ ' ---'F"EET r ~-"' :: .. fT"!S () ··-· Schedule 'A' Land Use Plan Map created by the Town of Aurora Planning Department, February 17th, 2004. •••• \ v ·.Tl St. lnhn-·••., "'~ TOWN OF NEWMARKET _I - I I ----- ;i'/i!r, ~~·{ww,· -------'------r----"' ili1L':: ~ ~;- a 2.2.3.2 No. 50) r - I ----- - -.J - - -~ -I ~ 48'.· ," . ;'.=.• ttj~ \~/ :t4;.1~' ; ' .. :;: . ',·.... . ' . . . TOWN OF AURORA OAKRIDGES MORAINE SITE SPECIFIC POLICY AREAS LEGEND • • Municipal Boundary -S1reets SCHEDULE "H" MAPI -------Proposed Streets ~ Site Specific ~ Policy Areas -+--Railway 0 1-- N ·.~ 175 350 Metres Rllproduced by lila Town of Aurora Pfenning D&p~rlln6!1t, August 11/h, 2003, urlder Uc911Cti with the On!Mia Minister of Mun/C/Pfl/ Affair~ anr1 Housing 2002. Updaled on Febnmy 1611>. 2004. 8as1> mtormaflon deriva<! fmm til& Reg/o/'1 of York, --------, ---------------------------------------- EXPLANATORY NOTE Re: Official Plan Amendment No. 50 Official Plan Amendment No. 50 has the following purpose and effect: To amend the Town of Aurora Official Plan, to redesignate the subject lands being Lot 1 and Block 7, on Plan 65M-2874, from "Prestige Industrial" to "Service Commercial Special". The amendment is to permit the subject lands to be developed generally for retail stores including a LCBO warehouse/retail store, and/or a Brewer's Retail Outlet (Beer Store), but excluding supermarkets, department stores, junior department stores, drug stores, pharmacies, and convenience retail. Businesses and professional offices, including medical and dental offices, clinics, post office, and government administrative offices, banks and financial institutions, restaurants, personal arid light service uses, and other complimentary commercial uses shall also be permitted. 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. THE CORPORATION OF THE TOWN OF AURORA By-law Number 4508-04.D BEING A BY-LAW to adopt Official Plan Amendment No. 50 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. 50 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 24th DAY OF FEBRUARY, 2004. READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS 24th DAY OF FEBRUARY, 2004. Note: In accordance with the Regional Official Plan Amendment #9, as approved by By-law A-0265-1999-0.71, this amendment is exempt from Regional approval. In this regard, the Town of Aurora is the signing authority.