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BYLAW - OPA #56 - 20040914 - 458904DTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4589.040 BEING A BY-LAW to adopt Official Plan Amendment No. 56 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. 56 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. 56 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 14 1h DAY OF SEPTEMBER, 2004. READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS 14TH DAY OF SEPTEMBER, 2004. · B. CLERK / November 12, 2004 Bob Panizza Clerk Town of Aurora 100 John West Way Aurora, ON lAG 6Jl Dear Mr. Panizza, Planning and Development Services Department NoV 1 5 2004 Re: Amendment No. 56 to the Official Plan for the Town of Aurora Planning Area Bricon Construction Ltd. 27 Allaura Boulevard File: D06.46.02.122 On November 12, 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 . ..____JaH!e1s Stiver, MCIP, RPP Senior Planner JS/ Encl. cc. Sue Seibert, Director of Planning, Town of Aurora Paul English, Trillium Consulting H:\l)c;:¢lopmcntiD06-Offi..:ial Plans. Ar¢u Mun!(.·ip;;litlt·~\Cl!"fic;i;lt J>lun Anwndmt'lll>\'\wnm Otlkiul Plan Alllendmcnt~\OPA 56\Ccrtilk:l(c Cov.::r L<·ttcr.doc The Regional Municipality of York 1 17250 Yonge Street1 Newmarket, Ontario L3 Y 6Zl Tel: 905-830-4444, 1-877-464-YORK, Fax: 905-895-3482 l nternet: www. region. york. on.ca SWORN DECLARATION Pursuant to Section 17(28) of the Planning Act AMENDMENT No. 56 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA Form lA-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.l3, Revised Statutes of Ontario 1990, as amended, 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 12th day of November, 2004 . .?~~~? A Commissioner, etC: Karen El~abeth Whhney, a Commissioner, etc, Regional Municipality of York, tor The Regional Municipality of york. Expires December 8, 2006. Certificate of Approval AMENDMENT No. 56 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, and modified by the Regional Municipality of Y ark, is approved pursuant to Sections 17 and 21 of the Planning Act and came iota force on November 12, 2004. Date: November 12, 2004 Neil Garbe, M.C.LP., R.P.P. Director of Community Planning The Regional Municipality of Y ark AMENDMENT NO. 56 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA Bricon Construction Ltd. File: 009-01-01 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 (6) of the Planning Act, RSO 1990 Chapter P. 13 as Amendment No. 56 to the Official Plan for the Town of Aurora. DATE:~ t-1 /tl( SIGNATURE:---\~ .. """"'f-.._=------ BOB PANIZZA TOWN CLERK TOWN OF AURORA AMENDMENT NO. 56 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 PART2-THEAMENDMENT 1.0 Introduction 2.0 Details of the Amendment 3.0 Implementation and Interpretation PAGE 1 1 2 2 3 3 3 PART 1 -THE PREAMBLE 1.0 INTRODUCTION This application deals with the 'Land Exchange on Allaura Blvd'. (See Bylaws 4086-99.L and 4087-99.L, being the purchase and conveyance authorizing Bylaws, Read a Third Time and Finally Passed August 251h, 1999). This Application is submitted with the intention of adjusting the existing land use designations to reflect the new land ownership pattern. The joint application for Official Plan and Zoning By-law Amendments, reflects the new land ownership situation. The Town of Aurora and Bricon Construction Ltd. have completed negotiations and the exchange of land has taken place. This Application to change the land use desginations of the subject lands is based on the new land ownership configuration. Background The Industrial land is undeveloped, while the Town land has been set aside for storm water management. Bricon Construction Limited originally purchased Lot #13, (see attached Plan #1 ), in the summer of 1998. Bricon approached the Town, in early 1999, with a request to exchange the easterly portion of their property, Lot 13, for a portion of Block A and all of Block B. 2.0 PURPOSE The purpose of this amendment is to change the land use designations and flood prone areas, on portions of the subject lands, illustrated on Schedule A and ScheduleD, attached hereto. Schedule A illustrates the change in land use designations from "Public Open Space" to "Industrial" and from "Industrial" to "Private Open Space" on the new configured Bricon Construction Ltd. property. Further, Schedule A illustrates the change in land use designations from "Industrial" to "Public Open Space" on the new configured Town of Aurora property. ScheduleD illustrates the old and new location of the flood prone area, a result of the realigned watercourse. 1 3.0 LOCATION The subject properties are located east of Allaura Boulevard and North of the CNR line, better described as Lot 13 and Blocks A and B, Plan M-51, being Parts 1 to 9 inclusive, Plan 65R-21593. The property covers approximately 2.6 hectares, (6A acres). Access is from All aura Boulevard. Approximately one third of the land is in the Town's ownership. The balance of the property belongs to Bricon Construction Limited. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment in response to the following; 4.1 A request by Bricon Construction Limited for reconfiguration of the land uses on the lands owned by Bricon and the Town. 4.2 The Proposed amendment is in keeping with the Industrial Policies and Environmental policies of the Town of Aurora Official Plan. 4.3 This reconfiguration of the property between the Town of Aurora and Bricon Construction Ltd. allows for: 4.3.11mproved access to the industrial site; 4.3.2Better use of the industrial land; 4.3.3An upgrading of all components of the Storm Water Pond; and, 4.3.4A significant improvement to the Fish Habitat. 4.4 The amendment supports the object of Goal B of the Town Of Aurora's Strategic Plan by working with an existing landowner to enhance industrial lands, thereby creating the potential for increased employment opportunities, within Aurora, and the attraction of new business to the Town. The ultimate development of the Bricon Construction Ltd. lands will contribute to the growth of the industrial sector in the Town in a well-managed fashion with the implementation of appropriate safyguards to ensure the improvement of storm water management in the area. 2 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 schedules, designated Schedule A (Land Use Plan) and Schedule D (Environmental Protection), together constitutes Amendment No.xx 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", Land Use Plan, is hereby amended, to change the land use designations as follows: from "Industrial" to "Public Open Space", from "Public Open Space" to "Industrial", from "Industrial" to "Private Open Space", and from "Public Open Space" to "Private Open Space". Item (2): Schedule "D", Environmental Protection Plan, is hereby amended, to change the environmentally protected area as follows: to remove an area from Flood Prone Area and to add an area to Flood Prone Area. 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, Subdivision and Site Plan Agreements and a private Shared Facilities Agreement. 3 EXPLANATORY NOTE Re: Official Plan Amendment Number 56 Official Plan Amendment Number 56 allows for the change in land use designation to reflect the change in land ownership and future uses for the land owned by both the Town of Aurora and Bricon Construction Limited. The area of privately owned lands for development for industrial purposes and public lands owned for stormwater management, will remain similar, although in a new configuration. U:\IND, Bricon-Beswick, Allaura Blvd\DRAFT OPA & ZBAIDRAFT OPA, rev2, May 4 2004.doc ••••• I I ...... SUBJECT LANDS ~ · Area Removed From l:±±ttl:tJ Flood Prone Areas r7777A Area Added To 1CLLLL1 Flood Prone Areas Englehard Dr 0 50 100 Metres Scale 1 :4500 TOWN OF AURORA SCHEDULE "D" ENVIRONMENTAL PROTECTION LEGEND f f f Oak Ridges Moraine Conservation Plan Area -Boundary of Oak Ridges Moraine Conservation Plan Area Ontario Regulation 140/02 -Boundary of Oak Ridges Moraine Area Ontario Regulation 01/02 D Railway Lot Flood Prone Areas Forest Resource Areas The mapping of Schedule D is general only. Original source maps of the Ministry of Natural Resources, Ministry of Environment and Energy and the Metro Regi~n and Lake Simcoe Consetvatfon Authorities shall prevail (Policy 3. 11, 1. G). ·Schedule ·"D" Environmental Protection Map created by the Town of Aurora Planning Department, April 23rd,.~., 2004. . . . Map modified on May 4th, 2004. Base data provided Dy York t(egion. CD Area To Be Changed From "Industrial" To "Public Open Space" ® Area To Be Changed From "Public Open Space" To "Industrial" @ Area To Be Changed From "Industrial" To "Private Open Space" @ Area To Be Changed From "Public Open Space" To "Private Open Space" (J TOWN OF AURO~ SCHEDULE"A" LAND USE PLAN LEGEND •••••• • • ....... • Subject Lands Railway . Road ' ' Oak Ridges Moraine Bounda LAND USE .mJ Commercial ~Industrial miW Institutional ~ Public Open Space W;iJ.{:!@~j Private Open Space ~ Residential t--:~1 Rural 0 100 Metres Scale 1:4,500 200 ·tt,.....~of1t....,. ~ 9.~ .. J-·1>"-'.!1~~. .. ,.~ ~ Schedule ·~"to Official Plan Amendment Map created by the Town of Aurora Planning Department, Apri/23rd, 2004. Map modified on May 4th, 2004. Base data provided by York Region. · EXPLANATORY NOTE Re: Official Plan Amendment Number 56 Official Plan Amendment Number 56 allows for the change in land use designation to reflect the change in land ownership and future uses for the land owned by both the Town of Aurora and Bricon Construction Limited. The area of privately owned lands for development for industrial purposes and public lands owned for stormwater management, will remain similar, although in a new configuration. U:\IND, Bricon-Beswick, Allaura Blvd\DRAFT OPA & ZBA\DRAFT OPA, rev2, May 4 2004.doc