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BYLAW - OPA #57 - 20041109 - 460204D100 John Wes1 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, Karen Ewart, hereby certify that Official Plan Amendment No. 57 for the Town of Aurora Planning Area was adopted by By-law No. 4602-04.D, passed by the Council of the Corporation of the Town of Aurora on the 9'h day of November 2004. I also certify that by letter dated December 11, 2004, the Regional Municipality of York, exempted Official Plan Amendment No. 57 from Regional approval pursuant to Subsections (9) and (10) of Section 17 of the Plarming Act (1990). A Notice of Adoption was circulated 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 Plarming Act (1990). I also certify that the 20-day appeal period expired on the 13th day of December 2004, and to this date no notice of appeal of Official Plan Amendment has been received by any person in the office of the Clerk. Dated this 17'h day of December 2004. Deputy Clerk (Morguard) THE CORPORATION OF THE TOWN OF AURORA By-law Number 4602-04.0 BEING A BY-LAW to adopt Official Plan Amendment No. 57 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. 57 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 issue Notice of Decision to approve Official Plan Amendment No. 57 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 AND SECOND TIME THIS 9th DAY OF NOVEMBER, 2004. READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS grH DAY OF NOVEMBER, 2004. B. CLERK AMENDMENT NO. 57 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. 57 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: t\)c)) q 9-0D'( 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. 57 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 PART2-THEAMENDMENT 1.0 Introduction 2.0 Details of the Amendment 3.0 hnplementation and Interpretation PAGE I I I 1 3 3 5 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 remove the enclosure requirement from "Community Commercial Centre" policies and establish one designation, "Community Commercial Centre" to be applied to the subject lands shown on Schedule "A", attached hereto and forming part of this Amendment, by combining the "Campus Commercial" policies into the "Community Commercial Centre" policies. The effect of this Amendment is not to allow for new retail permissions but rather to modify the built form of existing approved permissions. 3.0 LOCATION The subject lands affected by this Amendment are located at the southwest comer of Bayview Avenue and Hollidge Boulevard, described as Blocks 2 and 3 of Plan 65M-3074. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment in response to the following: 4.1 The Amendment does not allow new or additional retail floor area above that already approved by the Aurora Official Plan and Zoning By-law. 4.2 The purpose of the Amendment is to implement consistent recommendations to Council's approval of Official Plan Amendment No. 41 for the lands to the immediate south, by eliminating the "enclosure requirement". 4.3 The Amendment permits the same floor area in an unenclosed centre rather than an enclosed shopping centre. 4.4 The planned fWlction of the CommWlity Commercial Centre of the Bayview-Wellington Secondary Plan is maintained notwithstanding the elimination of the enclosure requirement in that it would continue to serve the regular weekly needs of Aurora residents. The Aurora Centre is anchored by an existing supermarket (Sobeys) and a jWlior department store (Zellers). 4.5 The majority of uses permitted in the "Campus Commercial" and C9 (zoning) designations are permitted in the "Community Commercial Centre" and "C8" designations. The Amendment will also allow "nursery and garden centres in the "Community Commercial Centre" and "C8" designations. Although these uses are not currently recognized as permitted uses, they are deemed appropriate and compatible with the uses permitted in these designations. 4.6 The original rationale for having two separate designations no longer exists given how the commercial lands of the Bayview-Wellington Secondary Plan have developed historically. The development of a supermarket (Sobeys) on the Campus Commercial lands led to Home Depot locating on the CommWlity Commercial lands to the south. 4. 7 The Amendment represents adoption ofWinter' s recommendations for the balance of the lands designated CommWlity Commercial and is consistent with past Council decisions. 4.8 As concluded by a report prepared by John Winter and Associates in December 2001, the Amendment will allow the Aurora Centre to continue developing to its full potential. 4.9 The Amendment is desirable for the appropriate development and use of the property and is in accordance with soWld planning principles. 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 map, designated Schedule "A" (Land Use Plan), constitutes Amendment No. 57 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 "A-A", Detailed Land Use Plan, being part of the Bayview Wellington Secondary Plan -Official Plan Amendment No. 6, is amended by redesignating lands, from "Community Commercial Centre" and "Campus Commercial Centre" to "Community Commercial Centre" in its entirety, as shown on Schedule "A" -Land Use Plan, attached hereto and forming part of this Amendment. Item (2): Schedule "A-A", Detailed Land Use Plan, being part of the Bayview Wellington Secondary Plan -Official Plan Amendment No. 6, is amended by deleting any reference to "Campus Commercial Centre", as shown on Schedule "A"-Land Use Plan, attached hereto and forming part of this Amendment. Item (3): Section 3.1.2(i) is hereby amended by deleting the word "enclosed" from the last sentence. Item (4): Sections 3.3.l(a) and 3.3.l(b) are deleted and replaced with the following: "3.3.1 a) A significant amount of commercial development is to be provided within the Bayview-Wellington Centre to serve the shopping needs of existing and future residents of Aurora and provide employment opportunities and commercial assessment. This commercial development will include a full range of retail and service commercial uses of various scale serving the day to day needs of residents of the residential neighbourhood. b) For the purposes of this Secondary Plan, the following commercial categories are hereby established: i) Community Commercial Centre; ii) Neighbourhood Commercial; and iii) Office Commercial. In addition to these commercial categories, commercial uses are permitted in the Community Core Area in accordance with Section 3.3.6 of this Secondary Plan." Item (5): Sections 3.3.2 (a), 3.3.2(a), 3.3.2(d), 3.3.2(e), and 3.3.2.(f), Community Commercial Centre, are hereby deleted and replaced with the following: "3.3.2 Community Commercial Centre a) The Community Commercial Centre shall provide a full range of retail and service establishments to meet the regular weekly needs of Aurora residents. Permitted uses shall include supermarkets, drug stores, specialty stores, retail stores, nursery and garden centres, a department store, offices, hotels, places of entertainment, studios, personal services, recreational and health establishments, churches and other public institutional uses catering to the needs of the community. In addition to the above, residential uses on floors above commercial uses shall be permitted subject to Town standards being met. b) The key component of the Community Commercial Centre is to be a retail shopping centre, which is not to exceed approximately 44,128 square metres ( 475,000 square feet) in gross leasable floor area. Expansion of the retail centre to up to approximately 54,811 square metres (590,000 square feet) in gross leasable floor area in total, which may include one full-line department store, may be permitted in the future subject to an amendment to the zoning by-law, the satisfaction of parking requirements and the submission of the following: i) a market impact study acceptable to the Town; ii) a .traffic impact study to demonstrate that traffic impacts associated with expansion are acceptable and to identifY any road improvements required; and, iii)a site plan acceptable to the Town. d) Special consideration shall be given in the design of the retail shopping centre to promote the integration of the shopping centre with the residential neighbourhood immediately to the west. This will include the provision of an attractive and functional pedestrian entrance-way to the retail centre from the west in close proximity to the civic square situated in the Community Core Area. In reviewing an application for site plan special attention will be applied to the interface between the Community Commercial Centre lands and the residential neighbourhood to the west by incorporating effective landscape screening and buffering along the westerly property limits of the Community Commercial Centre lands and through the use of appropriate building setbacks and effective use of building materials and colours. e) Where appropriate, commercial uses such as free standing commercial buildings or restaurants are to be located in proximity to the public street frontage in order to provide definition and enclosure to the street. f) The total area oflands designated Community Commercial Centre shall not exceed approximately 18.5 hectares (45.5 acres)." Item (6): Section 3.3.2(g) is hereby deleted. Item (7): Section 3.3.3, Campus Community Centre, is hereby deleted. Item (8) Section 3.6.4(ii) is hereby deleted and replaced with the following: "3.6.4 Community Commercial Centre (ii) having no off-street parking areas situated between the western fayade of the shopping centre and the public road to the west;" 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, Site Plan Agreements and, if necessary, a private Shared Facilities Agreement. EXPLANATORY NOTE Re: Official Plan Amendment Number 57 Amendment Number 57 to the Town of Aurora Official Plan applies to lands located at the southwest comer ofBayview Avenue and Hollidge Boulevard , described as Block 2 and 3 Plan 65M-3074. The Amendment proposes to remove the requirement of an 'enclosed' shopping centre form the 'Community Commercial Centre' designation and combine the 'Campus Commerical' policies into the 'Community Commercial Centre' policies.