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BYLAW - OPA #52 MI Development - 20040511 - 452504DTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4525-04.0 BEING A BY -LAW to adopt Official Plan Amendment No. 52 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: 1. Official Plan Amendment No. 52 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. 52 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, SECOND AND THIRD TIME THIS 11TH DAY OF MAY, 2004. TOWN CLERK 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca November 91h 2004 690346 Ontario Inc. C/o MI Developments Inc. Attn: Allen Eagleson 455 Magna Drive Aurora, ON L4G 7 A9 Re: Town of Aurora Official Plan Amendment No. 52 Town of Aurora By-law No. 4525-04.D Part of Lot 20, Concession 2 Please be advised that the above-noted amendment to the Official Plan for the Town of Aurora obtained final approval by the Regional Municipality of York on November 2"d 2004. For your information, enclosed please find a copy of the By-law along with the Official Plan Amendment. Copy: Meridian Planning Consultants, Celeste Phillips Sue Seibert, Director of Planning Leo Grellette, Director of Building Ruth Beaton, Permit Information Officer Attachments / November 4, 2004 Bob Panizza Clerk Town of Aurora 100 John West Way Aurora, ON L4G 611 Dear Mr. Panizza, NOV 5 2004 fanning and Development Services Department Re: Amendment No. 52 to the Official Plan for the Town of Aurora Planning Area MI Developments Inc. Town of Aurora File: 006.46.02.119 On November 2, 2004, this official plan document carne into force. The Original and Duplicate Original have each had a certificate of approval attached thereto. An Original and any remaining working copies are enclosed. The Duplicate Original has been retained for the Region's records. 1 CORP. SERVICES DEPT. COPIES CIRCULATED TO.:_ Senior Planner ?·:?~L ~ !.~,tt!w ~ ----------------~ JS/ Encl. cc. Sue Seibert, Director of Planning, Town of Aurora Stanley Stein, Osler Hoskin & Harcourt (by fax: 416-862-6666) J_-f:\Dcvdopuwnr\I)(J6 · Ofticial Plar1~-1\rcll Muni,;;ipalities\Otlici:i! Plan Amendments\Auwra Offkia! PhUJ Anwndtn~ms\OP:\ 53\('('Jtifk:<tt<: Cover Leuer.Joc The Regional Municipality of York, 17250 Yonge Street, Newmarket, Ontario L3 Y 6ZJ Tel: 905-830-4444, 1-877-464-YORK, Fax: 905-895-3482 Internet: www.region.york.on.ca SWORN DECLARATION Pursuant to Section 17(28) of the Planning Act AMENDMENT No. 52 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA Form 1A-20 I, James Stiver, of the Town of Orangeville in the County ofDufferin solemnly declare: 1. I am a Senior Planner with The Regional Municipality of York, hereinafter referred to as the Approval Authority, and as such have knowledge of the matters herein referred to. 2. Notice of the decision regarding the above noted official plan amendment was given by the Approval Authority in accordance with Section 17(35) of the Planning Act, Chapter P.13, Revised Statutes of Ontario 1990 and Section 7 of Ontario Regulation 198/96. 3. No notice of appeal of the decision to the Ontario Municipal Board was received by the Approval Authority within the time provided in Section 17(36) of the said Planning Act. Declared before me at the Town of Newmarket in The Regional Municipality of York this 4th day of November, 2004. A Commissioner, etc. Karen Elizabeth WhHney, a Commissioner, etc., Regional Municipality of York, for The Regional Municipality of york. Expires December 8, 2006. Certificate of Approval AMENDMENT No. 52 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA This official plan document which was adopted by the Council of the Corporation of the Town of Aurora is approved pursuant to Sections 17 and 21 of the Planning Act and came into force on November 2, 2004. Date: A/()V ·1jo 'f Neil Garbe, M.C.I.P., R.P.P. Director of Community Plamring The Regional Municipality of York ,<' AMENDMENT NO. 52 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA AMENDMENT NO. 52 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA This Amendment to the Official Plan for the Town of Aurora, which has been adopted by the Council of the Corporation of the Town of Aurora, is hereby approved in accordance with Section 17 (22) of the Planning Act, RSO 1990 Chapter P. 13 as amended, as Amendment No. 52 to the Official Plan for the Town of Aurora. AMENDMENT NO. 52 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA STATEMENT OF COMPONENTS INDEX 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 4 . ' PART1-THEPREAMBLE Page 1 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 amendment from a designated collector road to the underlying "Mixed Use" and "Business Park'' designations. 3.0 LOCATION The subject lands affected by this amendment are located within the Town of Aurora, and are described as Part of Lot 20, Concession II. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment in response to the following: 4.1 An official plan amendment application has been submitted by Ml Developments Inc. order to delete a portion of the designated east-west collector road, located south of Wellington Street along the southern boundary of the "Mixed Use" and "Business Park" designations, and redesignate the lands to the underlying "Mixed Use" and "Business Park" designations. 4.2 The need for the amendment arose as a result of a proposed site plan for the subject lands for a medical facility, the approval of which would prevent a portion of the designated east-west collector road from being constructed. 4.3 The deletion of a portion of the east-west collector road re-enforces the need for the implementation of the portion of the collector road system linking Bayview Avenue to Wellington Street in order to maximize accessibility to the abutting lands to the west without compromising traffic operations of the intersection. 4.4 At the Council Meeting held on May 11, 2004, Council included the following as part of their resolution: PART 1 -THE PREAMBLE Page2 • THAT the Town impose a condition of approval stating that the necessary lands be dedicated as a public highway and constructed at the time of development approval of the abutting lands to the west. The timing, design and construction of the collector road should be to the satisfaction of the Town and Region and, in particular, should align with the local road on the north side of Wellington Street. PART 2-THE AMENDMENT Page 3 1.0 INTRODUCTION All of this part of the document entitled Part 2 -The Amendment, consisting of the following text and attached map, designated Schedule "A" (Land Use Plan), constitutes Amendment No. 52 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): Schedule ... AA"-Land Use Plan, being part of Official Plan Amendment No. 30, -is hereby amended by deleting a portion of the designated east- west collector road, located south of Wellington Street along the southern boundary of the "Mixed Use" and "Business Park" designations, and redesignating the lands to the underlying "Mixed Use" and "Business Park" designations, as shown on Schedule "A" attached hereto and forming part of this Amendment. Item (2): That Section 3.10.1 (Transportation: Roads and Circulation) of Official Plan Amendment No. 30, is hereby amended by deleting the contents of Section "3.10.1.m." and replacing it with the following: • The Town recognizes that the deletion of a portion of the designated east-west collector road, located south of Wellington Street along the southern . boundary of the "Mixed Use" and "Business Park" designations, re-enforces the need for the implementation of the portion of the collector road system linking Bayview Avenue to Wellington Street in order to maximize accessibility to the abutting lands to the west without compromising traffic operations of the intersection. The Town shall require the collector road to be in place prior to, or at the same time as the development of the abutting lands to the west. Item (3): As a condition of approval, the necessary lands shall be dedicated as a public highway and constructed at the time of development approval of the abutting lands to the west. PART2-THEAMENDMENT Page4 The timing, design and construction of the collector road should be to the satisfaction of the Town and Region and, in particular, should align with the local road on the north side of Wellington Street. 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 Site Plan Agreements. EXPLANATORY NOTE Re: Official Plan Amendment Number 52 The purpose of this amendment is to delete a portion of the designated east-west collector road, located south of Wellington Street along the southern boundary of the "Mixed Use" and "Business Park'' designations, and redesignate the lands to the underlying "Mixed Use" and "Business Park" designations. The need for the amendment arose as a result of a proposed site plan for the subject lands for a medical facility, the approval of which would prevent a portion of the designated east-west collector road from being constructed. The amendment also contains policies to re-enforce the implementation of the portion of the collector road system linking Bayview Avenue to Wellington Street in order to maximize accessibility to the abutting lands to the west without compromising traffic operations of the intersection. Furthermore, Council also included a policy that the Town impose a condition of approval stating that the necessary lands be dedicated as a public highway and constructed at the time of development approval of the abutting lands to the west. The timing, design and construction of the collector road should be to the satisfaction of the Town and Region and, in particular, should align with the local road on the north side of Wellington Street. Legend "///// Collector Road to be deleted. Lands to be Designated "Mixed Use" and "Business Park" \·~,~ J_ I This is Schedule 'A' to Official Plan Amendment No.__§L For the Town of Aurora Official Plan LEGEND ~ Low· Modl<ln Density ~ Resldantlal • IAedkm ~High Denalty heskfenlfal ~~ Community Cammerda.J • Mbt.edUea ~ Bus.lness Pad! • Bat:ondlll)' Schoof • Separata Elementary School • Publlo Efamenllll)' School fJ.(@~ Ne!ghbculhoad Pad< MfJ WII-Pad< ~ Unear & other Opan Space ~ 6 ....... -·- Trail Sytdem Btormwatar Management Facility paoaUo"* concaprull anly} A8C(Immendad Environmental Proledlon Una Sec:ondBiy P.lan BotmdafY "" -"'f.O i<\,. Source: Schedule "AA" Land Use Plan Bayview No~east Secondary Plan