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BYLAW - OPA #64 - 20060711 - 482606D) ---_....,. SEP-5 2006 August 31,2006 Bob Panizza, Clerk Town of Aurora 1 Municipal Drive Aurora, ON L4G6Jl Dear Mr. Panizza, Corporate Services Dept. Planning and Develupment Services Department CORP. SERVICES DEPT. COPIES CIRCULATED TO: S-Y.ttt;tr Re: Amendment No. 64 to the Official Plan for the Town of Aurora Planning Area Schmidt/Rice Commercial Group Part Lot 81, Concession 1, E.Y.S On August 31, 2006 this official plan document came into force, as modified. The Original and Duplicate Original have each had a certificate of approval attached thereto. The Original and any remaining working copies are enclosed. The Duplicate Original has been retained for the Region's records. s::-( Sean Hertel Senior Planner Ish Encl. cc. Sue Seibert, Director of Planning, Town of Aurora John McGovern, Rice Conunercial Group Jeffery Goldenberg, Fogler Rubinoff LLP G:\Development\D06-Official Plans-Area I\-tunicipalities\Official Plan Amendmems\Aurora Official Plan iuncndmenMOPA 64\Cover Letter C of A-doc The Regional Municipality ofYork, 17250 Yonge Street, Newmarket, Ontario L3 Y 6Zl Tel: 905-830-4444, 1-877-464-YORK, Fax: 905-895-3482 Internet: www.york.ca THE CORPORATION OF THE TOWN OF AURORA By-law Number 4829.06.D BEING A BY-LAW to adopt Official Plan Amendment No. 64 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. 64 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. 64 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 11th DAY OF July 2006. READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS 11th DAY OF July 2006. '" T. JJ<>NES, ( \ AMENDMENT NO. 64 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA ) AMENDMENT NO. 64 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. 64 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. Date: Ms. Heather Konefat, MCIP, RPP Director of Community Planning Planning and Development Services Department Regional Municipality of York AMENDMENT NO. 64 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. 64 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.0.1990. Daleo fuft ( AMENDMENT NO. 64 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 2 2 2 Town of Aurora-Official Plan Amendment 64 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 of the 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 redesignate the subject lands from "Office Commercial" and a portion of the subject lands designated "Parks and Open Space" to "Community Commercial Centre Special" as shown on Schedule "A", attached hereto and forming part of the Amendment. The effect of this Amendment would change the permitted uses on the subject lands from office commercial, hotel and related uses as well as open space to a broader range of retail commercial uses. The "Community Commercial Centre Special" designation which would permit a grocery store, a drug store, restaurants, among other commercial and retail uses. The development of the site will be governed by an implementing zoning by-law and site plan approval. The implementing zoning by-law for the site in conjunction with site plan approval will address site design matters. Building setbacks, access, internal traffic circulation, open space, landscaping and urban design for the site will be examined fully. 3.0 LOCATION The subject lands affected by this Amendment are located at the north-west corner of Bayview Avenue and Wellington Street East and described as Part of Lot 81, Concession 1, E.Y.S, Town of Aurora in the Regional Municipality of York. The lands are municipally known as 15320 Bayview Avenue. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment in response to the following: 4.1 A market study was prepared by John Winter Associates which demonstrated that the Town of Aurora can support the additional commercial floor area without detriment to existing and proposed anchor grocery stores. 4.2 A traffic study was prepared by Mark Engineering. It demonstrated that only a modest amount of traffic will be generated by the development and that the site can be appropriately accessed, via Town of Aurora-Official Plan Amendment 64 2 restricted accesses from both Bayview Avenue and Wellington Street East. 4.3 A floodplain hydraulics analysis was prepared by Masongsong Associates Engineering Limited that revised the floodplain levels on the site to permit the development as proposed. 4.4 Notwithstanding the redesignation of the subject lands from "Office Commercial" and a portion of the "Parks and Open Space" designation to "Community Commercial Centre Special", office uses will continue to be a permitted use on the subject lands. 4.5 The development of a key gateway intersection for the Town the site plan approval process will ensure that the built form and landscape treatment of the site in particular along the Bayview Avenue and Wellington Street frontages will be to the highest standards. 4.6 A public planning meeting was held on May 24, 2006 to obtain input from members of the public and Council. 4.7 The development is complementary to the existing mix of commercial and residential land uses in the area. Site Plan control can ensure the development of this site integrates well with the adjacent land uses. 4.8 An internal driveway connection between the subject lands and the lands to the north will reduce the need for vehicles to use Bayview Avenue to travel between the sites. 4.9 The Amendment is desirable for the appropriate development and use of the subject lands. Town of Aurora-Official Plan Amendment 64 3 PART 2-THE AMENDMENT 1.0 INTRODUCTION All of this part of the documents entitled Part 2 -The Amendment, consisting of the following text and attached map, designated Schedule "A" (Land Use Plan), constitutes Amendment No. 64 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', 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, Town of Aurora in the Regional Municipality of York and municipally known as 15320 Bayview Avenue, Aurora, Ontario, from "Office Commercial" and "Parks and Open Space" designation to "Community Commercial Centre Special, See OPA 64" as shown on Schedule "A" -Land Use Plan, attached hereto and forming part of this Amendment. Item (2): Section 3.3.2 Community Commercial Centre of the Bayview Wellington Secondary Plan-Official Plan Amendment No. 6 is hereby amended by adding the following section 3.3.2 j), which shall read as follows: j) Site Specific Policy (Official Plan Amendment 64) 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 portion of the 3.60 hectare (8.9 acre) property designated "Office Commercial" and a portion of the property that is designated "Parks and Open Space" located at the north-west corner of Bayview Avenue and Wellington Street East, with frontages along both roadways, and described as Part of Lot 81, Concession 1, E.Y.S: a) Development may be in the form of freestanding structures and not necessarily in the form of an enclosed shopping centre. b) The permitted uses as outlined in Section 3.3.2 (a) shall apply to the subject lands. However, the following uses shall not be permitted on the subject lands: Town of Aurora-Official Plan Amendment 64 4 -a Garden Centre; -a Day Care Centre; -Outdoor Seasonal Sales and Display; -Outdoor Storage; and, -Drive through Restaurants and/or Drive Through Financial Institutions. d) Section 3.3.2 (d) shall not apply to the subject lands. e) The urban design and landscape requirements as outlined within the Bayview Wellington Centre Secondary Plan shall be fully implemented through the development of this site. Special consideration shall be given to the 'Eastern Gateway' designation for the subject lands. The Wellington Street East frontage shall require a high standard of landscaping, street furniture and pedestrian amenities in both public and private open space areas. The gateway shall also co-ordinate and complement the design initiatives of the Wellington Street East Corridor Urban Design Guidelines and subsequent Master Plan as well as the Bayview Northeast Neighbourhoods Architectural Guidelines. f) The following Urban Design elements shall be incorporated into the site design and architectural elements of the development of the subject lands. These guidelines arose from the Peer Review requested by the Town and conducted by John G. Williams Architect Limited and provide the following architectural direction/elements to be incorporated into this development: - a commercial development at this location shall reinforce a high quality identity, distinct from conventional commercial developments within the Town of Aurora through the use of appropriately enhanced architectural design and landscaping that promotes the significance of this major intersection within the Town; -the buildings shall be designed with a positive relationship to the streets with primary facades being parallel to the roadways (Bayview Avenue and Wellington Street East); -the buildings shall be sited close to the street(s) and accessible to sidewalks adjacent to the street(s); -a large anchor building (if any) shall be located as far away from the major roadways with smaller buildings defining the primary street edge; -corner buildings located at the intersection of Bayview Avenue and Welington Street shall have an increased massing (i.e. clock tower) to appropriately articulate the significance of this intersection and Town of Aurora-Official Plan Amendment 64 5 shall reflect enhanced architectural design features. The corner feature shall be 4 sided and not just a parapet wall; -glazing and awnings should be provided on those buildings that are exposed to the roadways and along street frontages; -loading areas shall be screened via landscaping, buffers, a built screen or a combination thereof. Landscaping and buffers shall be provided adjacent to the Hydro Corridor and the western property boundary to screen the development from the Hydro Corridor and the residential townhouses to the west of the subject lands; -subject to the approval of the Lake Simcoe Region Conservation Authority, the retaining wall proposed for the creek shall consist of a staggered limestone boulder retaining wall with tree and shrub planting. Said planting (i.e. types and species) shall be determined in consultation with and approved by the Lake Region Conservation Authority and the Town of Aurora; -rooftop mechanicals shall be screened on all four sides of the building. Where possible, the tops of roof top mechanical equipment shall be below the parapet of the building. Screening, where necessary shall be compatible with the exterior cladding of the buildings; -particular attention to the screening of loading areas and refuse storage areas shall be addressed and shall form part of the site plan agreement applicable to these lands; -gateway features shall be provided at the two major entrances to the development (subject to approval by the Lake Simcoe Region Conservation Authority if within the required buffer area and the Region of York). A gateway feature may also be required at the south-west corner of the property in accordance with the Wellington Street East Corridor Urban Design Guidelines; g) The following restrictions on access shall be required unless otherwise permitted by the Regional Municipality of York Transportation and Works Department: -the Wellington Street access shall be restricted to right-in/right-out movements only with an appropriate deceleration taper and storage lane westbound along Wellington Street East in order to provide safe vehicular access to the site; -the Bayview Avenue access shall also be restricted to right- in/right-out movements only with an appropriate deceleration taper and storage lane for access to this driveway. The existing centre median located at the north approach to the Wellington Street/Bayview Avenue intersection shall be extended northerly to Town of Aurora -Official Plan Amendment 64 6 match the existing centre median at the Home Depot signalized access; and, -a cross easement shall be required to facilitate access between the subject lands and the lands to the north (Home Depot site). h) Parking shall be provided in accordance with Town's by-law requirements. i) A 30 metre naturalized vegetated buffer (which may be reduced on a portion of the property as determined by the Lake Simcoe Region Conservation Authority) shall be provided from the creek along the southern portion of the property as per the requirements of the Lake Simcoe Region Conservation Authority. The landscape treatment along Bayview Avenue and Wellington Street East shall be cognisant of the buffer area and shall enhance this area. To this end, a detailed landscape plan shall be required to ensure that the Bayview Avenue and Wellington Street frontages are appropriately landscaped to the satisfaction of the Lake Simcoe Region Conservation Authority and the Town of Aurora. j) The policies contained herein shall be implemented by way of a site specific zoning by-law; k) A "(H)" Holding Prefix shall be placed on the lands through the site specific zoning by-law. The purpose of the holding symbol is to ensure site plan approval has been obtained and that the resolution of all outstanding matters to the satisfaction of the Town has been achieved. I) All other relevant policies of the Bayview Wellington Centre Secondary Plan -Official Plan Amendment No. 6 shall continue to apply to the subject lands. 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 64 Amendment Number 64 to the Town of Aurora Official Plan applies to lands located at the north-west corner of Bayview Avenue and Wellington Street East, described as Part of Lot 81, Concession 1, E.Y.S Town of Aurora in the Regional Municipality of York and are municipally known as 15320 Bayview Avenue. The proposed amendment to change the land use designations on the subject lands from "Office Commercial" and a portion of the "Parks and Open Space" designation to "Community Centre Commercial Special" and impose site specific policies will allow the development lands for entirely commercial retail purposes. ~ rm k" > i~ )\1~"-r--l I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I. ~ UJ ,::, z ~ .. <(' .;::; ,;tk\i~~~~z;·)lt~H:·?::.:c{!q&~~·w*itl:ti~~;;';~J;t·~Ji!~:;~,"'· ~ 0 ~~ 0 a:: ~ dPA ~ ~~ WELLINGTON STREET EAST OPA61 OPAl SCHEDULE 'A' LAND USE PLAN 0 IV ~ 50 Metres Legend '• -·SUBJECT LANDS D Lot Line OPA6 100 Parks & Open Space to 1::::,.....:1 Community Commercial Centre Special r"""""1 Office Co':'mercial to Community ~ Commercial Centre Spec1al m Parks & Open Space DIJ] Community Commercial Special ~ Residential -Medium Density /-dot: AuRORA OPA No. 64 Map created by the Town of Aurora Planning Deparlment, July 5th, 2006. Base data provided by York Region.