BYLAW - OPA #69 - 20071113 - 497107D•, .... ,./
OPA 69
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. REGIQN-OF YORK I
PLAW'"'" ,. c:,A,FJTMENT'
NOV 2 ; 2007 ~.
THE CORPORATION OF T1E TOWN OF
AURORA Q
By-law Number 4971-07.0
BEING A BY-LAW to adopt Official Plan
Amendment No. 69
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. 69 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. 69 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 13TH DAY OF NOVEMBER,
2007.
READ A THIRD TIME AND FINALLY PASSED 13TH DAY OF
NOVEMBER, 2007.
PHYLLIS M. MORRIS, MAYOR CLERK
OPA69
AMENDMENT NO. 69
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
Certificate of Approval
AMENDMENT No. 69
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, as modified (see Schedule 1), pursuant to Sections 17 and 21 of the Planning
Act and came into force on March 6, 2008.
Date:
.C.I.P., R.P.P.
Director, Community Planning
Schedule 1
Town of Aurora Official Plan Amendment No. 69
MODIFICATIONS
I. Delete the first paragraph of Section 4.0 a) and modifY the first sentence of the second
paragraph so that the first sentence reads ·as follows.:
"a) Complete Application Provisions
In addition to the prescribed information of the Planning Act, 1990, in
accordance with Subsections 22(5), 34(10.2), 51(18) and 53(3) of the
Planning Act, the following materials and provisions identified in text or in
Section 4.0.1 -Schedule "A" (Required Materials), will be required from
applicants who apply, submit or make requests or applications for
amendments to the Official Plan, amendments to the Zoning By-law, and
approvals of Plans of Subdivision/Condominium and Consents."
2. ModifY Section 4.0 b) i) by inserting the words "and Regional" between "Provincial" and
. "Policy" so that section reads as follows:
"i) Planning Reports/Studies
Reports and studies related to local, regional and provincial planning
matters shall ensure that a proposed development and/or change in land
use is consistent with Provincial and Regional Policy and provides an
integrated approach to land use planning.
Specifically, the reports shall demonstrate how a proposed development
or change in land use is consistent with Provincial and Regional Policy,
as well as the policies of this plan and/or any relevant Secondary Plan
and Guideline that has been adopted by Council. The reports shall also
address the appropriateness of the application, including its compatibility
with the surrounding area/land uses, as well as site servicing, recreational
needs, urban design, environmental features and landform conservation."
The purpose of this modification is to provide clarity and ensure consistency within the
. proposed Official Plan Amendment. The modification does not change the intent of the
Official Plan Amendment as adopted by the Town qf Aurora.
OPA69
AMENDMENT NO. 69
TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA
STATEMENT OF COMPONENTS
PART 1-THE PREAMBLE
1.
2.
3.
4.
Introduction
Purpose of the Amendment
Location
Basis of the Amendment
PART II-THE AMENDMENT
1.
2.
3.
Introduction
Details of the Amendment
Implementation and Interpretation
5
5
5
5
7
7
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PART I-THE PREAMBLE
1. Introduction
This part of the Amendment, entitled Part I -The Preamble, explains the purpose and
location of this Amendment, and provides an overview of the reasons for it. It is for
explanatory purposes only and does not form part of the Amendment.
2. Purpose of the Amendment
The purpose of this Amendment is to identify in the Official Plan materials that the Town
will require to be submitted with applications for amendments to the Official Plan,
amendments to the Zoning By-law, and approvals of Plans of Subdivision/
Condominiums and Consents. This Amendment also contains policies that require
applicants to consult with Staff prior to submitting applications for Official Plan
Amendments, Zoning By-law Amendments, Plans of Subdivision/Condominium and/or
Site Plans.
3. Location
This amendment applies to all lands located in the Town of Aurora.
4. .Basis of the Amendment
The Planning and Conservation Land Statute Law Amendment Act, 2006 -Bill 51,
received Royal Assent on October 19, 2006 and the majority of Bill 51 came into force
on Janua"ry 1, 2007. Municipalities will now be able to establish in their Official Plans
additional information that will be required as part of any development application,
therefore allowing for more informed decisions to be made by Council. · Council can
require additional information and material it may need to assess and make decisions
about Official Plan Amendments, Zoning By-law Amendments, Plans of
Subdivision/Condominiums and Consents (this is in addition to the information and
material required by the Planning Act and its regulations). Until the required information
is provided, Council may refuse to accept or consider an application and the statutory
time period for Council to ma·ke a decision does not begin until a complete application
(as defined in the Official Plan) is received. To implement this, the Town's Official Plan
· must be amended, administrative procedures changed and application forms and
notices revised.
In order to assist applicants with these new procedures, and to more clearly identify the
required information and material that will be needed to consider an application, Bill 51
also introduces amendments to the Planning Act to ensure that a municipality permits
an applicant to consult with the municipality before submitting an application.
5
This Amendment therefore contains policies that require applicants to consult with the
municipality prior to the submission of a planning application. This policy will be
implemented by.the passing of a by-law by Council.
6
PART II-THE AMENDMENT
1. Introduction
All of this part of the document entitled Part II -The Amendment, consisting of the
following text and table designated as Schedule "A" (Required Materials), constitutes .
Amendment No. 69 to the Official Plan for the Town of Aurora.
2. Details of the Amendment
The Official Plan of the Town of Aurora is hereby amended as follows:
Item (1): Part Four-Implementing The Plan is hereby amended by inserting a new
Section 4.0 -Complete Applications with the following new policies:
4.0 COMPLETE APPLICATIONS
INTRODUCTION
Subsections 22(5); 34(10.2); 51(18) and 53(3) of the Planning Act, 1990,
permit a council or approval authority to require that a person, public body or
applicant who apply, submit or make _requests or applications for consents,
amendments to the Official Plan, amendments to the Zoning By-law, and
approval of Plans of Subdivision, provide any "other information or materials"
that Council or the approval authority considers it may need, but only if the
Official Plan contains provisions relating to such requirements.
This "other information or materials" together with the prescribed information
listed in the Ontario Regulations of the Planning Act will comprise the notion
of a complete application. The following outlines the provisions for the
requirements of a complete application.
POLICIES
a) Complete Application Provisions
In accordance with Section 34(10.2) of the Planning Act, 1990, the
following materials are required to be submitted in addition to the
prescribed information (Section 34.10.1) in order to constitute a "Complete
Application" under the requirements of the Planning Act.
7
The following materials and provisions identified in text or in Section 4.0.1
-Schedule "A" (Required Materials), will be required from applicants who
apply, submit or make requests or applications for amendments to the
Official Plan, amendments to the Zoning By-law, and approvals of Plans of
Subdivision/Condominium and Consents. This is intended to ensure that
all the relevant and required information pertaining to a planning
application is available at the time of submission, therefore enabling
Council and its delegated approval authorities to make informed decisions
within the prescribed period of time and enabling the public and other
stakeholders access to all of the relevant planning information at the
earliest possible time. In all instances, the number and scope of studies to
be required for the submission of a complete application should be
appropriate and in keeping with the scope and complexity of the
application. For applications that may be considered straight forward or
minor in nature, limited additional information may be required. However,
all of the following materials will be required unless otherwise identified
through a pre-consultation meeting with Staff.
b) Reports and Studies
Council and its delegated approval authorities will require reports and
studies as part of a comprehensive planning application package referred
to as a "Complete Application." The reports and studies are intended to
provide additional information pertaining to a subject site and the areas
adjacent to it, in order to assist in the evaluation of the application by
Council and its delegated approval authorities. In accordance with
Section 4.0.2, applicants will be required to consult with municipal Staff
prior to submission of an application for the purpose of identifying what
additional materials are required and if any of the required studies can be
scoped and/or deferred to later in the planning approvals process.
The following broad categories of reports and studies are not intended to
preclude Council and its delegated approval authorities from requiring
additional reports and studies that may be identified during the planning
process, if the circumstances necessitate the need for such information as
part of the decision making process.
i) Planning Reports/Studies
Reports and studies related to local, regional and provincial
planning matters shall ensure that a proposed development and/or
change in land use is consistent with Provincial Policy and provides
an integrated approach to land use planning.
8
Specifically, the reports shall demonstrate how a proposed
development or change in land use is consistent with Provincial
Policy, as well as the policies of this plan and/or any relevant
Secondary Plan and Guideline that has been adopted by Council.
The reports shall also address the appropriateness of the
application, including its compatibility with the surrounding
area/landuses, as well as site servicing, recreational needs, urban
design, environmentaJ features and landform conservation.
ii) Environmental Reports/Studies
Reports and studies related to the natural environment shall identify
and assess the environmental and natural features related to the
subject site and areas adjacent to it, including surface and
subsurface features. The reports shall identify any adverse impacts
to the natural environment resulting from a proposed development
and/or change in land use and how the impacts will be mitigated.
Furthermore, the reports shall also identify the buffer areas to be
located between the natural features and proposed development
and/or change in land use. If required, the reports shall also
contain the details of a Monitoring Program to be used for a
specified time period which would monitor the condition of a
specified feature.
Reports/studies that fall into this category include, but are not
limited. to: Environmental Impact Studies, Natural Heritage
Evaluations, Geotechnical and Hydrogeological
Reports/Investigations, Soil Reports, Tree Surveys, Tree
Preservation Repots/Pians and Vegetation Preservation and
Enhancement Plans.
iii) Servicing Reports/Studies
Reports and studies related to serv1cmg and infrastructure shall
·demonstrate that a proposed development and/or change in land
use can IJe supported by adequate municipal water, sanitary sewer
and stormwater management services. The required reports shall
demonstrate that the existing servicing infrastructure is sufficient to
accommodate the proposed development and/or change in land
use or that the lands can be reasonably serviced by the extension
of existing infrastructure. Where new infrastructure is required or
the expansion of the existing infrastructure is necessary, the reports
shall·demonstrate that the improved infrastructure will be adequate
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to accommodate the proposed development and/or change in land
use, as well as any anticipated users of the infrastructure.
iv) Traffic Reports/Studies
Reports and studies related to traffic and transportation shall
demonstrate that any changes to the transportation network as a
result of a proposed development and/or change in land use can be
accommodated by the transportation network. The reports shall
also demonstrate that any adverse impacts on the surrounding land
uses can be mitigated. Where new transportation infrastructure is
required, or the expansion of the existing transportation
infrastructure is necessary in order to accommodate a proposed
development and/or change in lands use, the reports shall
demonstrate that the improved transportation infrastwcture will be
adequate to accommodate all modes of transportation in an
efficient manner with minimal adverse impacts on surrounding
uses. Furthermore, these reports may also be required to
demonstrate that a subject site contains an adequate number of
parking spaces in order to support the parking demands for a
proposed development and/or change in land use.
v) Reports/Studies to address Nuisance and Hazard Matters
Reports and studies related to nuisance and hazard matters shall
demonstrate that inhabitants or users of a proposed development
and/or change in land. use are adequately buffered from nuisances
related to noise, vibration, light pollution, odour and dust. The
reports shall also demonstrate that a reduced potential exists for
public cost or risk to future inhabitants resulting from natural and
human made hazards. The required reports shall identify all of the
potential nuisance issues and natural or human made hazards
which may impact the proposed development and/or change in land
use or adjacent lands, identify buffer areas and identify any other
measures to be taken in order to mitigate the impacts associated
with the' nuisance issues and natural/human made hazards
resulting from the proposed development and/or change in land
use.
vi) Reports/Studies to address Cultural and Design Matters
Reports and studies related to cultural and design matters shall
demonstrate that a proposed development and/or change in land
use will have a positive impact on the Town's public realm.
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The required reports shall demonstrate how a proposed
development and/or change in land use will have a positive impact
on neighbouring built heritage, is sensitive to archeological issues
and is designed in a manner that enhances the local built form
and/or natural environment. Reports/studies that fall into this
category include, but are not limited to: Heritage Evaluations,
Archaeological Assessments, Design Guidelines and Shadow and
Massing Studies.
vii) Economic Analysis/Studies
Reports, studies and analysis related to the economy may be
required to demonstrate the impact that a proposed development
and/or change in land use will have on the local economy.
Specifically, an applicant may be required to demonstrate that there
is a market demand for a proposed development and/or change in
land use and may also be required to demonstrate that their
proposal will not be detrimental to the local economy. However,
these policies shall not be used under any circumstance for the
purposes of regulating competition.
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Item (2): Part Four-Implementing The Plan is hereby further amended by inserting a
new Section 4.0.1 -Schedule "A" (Required Materials):
4.0.1
OFFICIAL PLAN AMENDMENT NO. 69
SCHEDULE "A"
REQUIRED MATERIALS
Subsections 22(5); 34(1 0.2); 51 (18) and 53(3) of the Planning Act, 19.90, permit a council or
approval authority to require that a person, public body or applicant who apply, submit or make
· requests or applications for consents, amendments to the Official Plan, amendments to the Zoning
By-law, and approval of Plans of Subdivision, provide any "other information or materials" that
Council or the approval authority considers it may need.
To be considered a complete application under the Planning Act, the following materials are required
with the submission of a completed application form and the receipt of all applicable fees:
REQUIRED OFFICIAL ZONING BY-PLAN OF
REPORTS PLAN LAW SUBDIVISION,
AMENDMENT AMENDMENT CONDOMINIUMS
AND CONSENTS
Planning Justification Report X X
Functional Servicing Report
and/or Master Plan X X X
Stormwater Management
Report and/or Master Plan X X X
Grading/Drainage Plan X X X
Phasing Plan X X X
Transportation Study and/or
Master Plan X X X
Parking Study/Analysis X X X
. Natural Heritage Evaluation X X X
Geotechnical Study X X X
Hydrogeological Study X X X
Tree Preservation Protection
and Replacement Plan, .
Landscape Analysis Plans,
Tree Survey, Tree Inventory X X X
and Vegetation Preservation
and Enhancement Strategy
Landform Conservation Study X X X
Urban Design Reports, Plans
and Guidelines X X X
Market Analysis and ' Financial Impact Study X X X
Archeological Assessment X X X
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Floodi:)jain MaDDlna/AnalVsis X X X
Heritaae Evaluation X X X
Noise Studv X X X
Soils Reoort X X X
Shadow and/or Massing ·
Studv X X X
Liahtina Studv X X X
Block Plan X X X
Other Required Information
as Identified at the Pre-X X X
Consultation MeetinQ
It is acknowledged that applications received may have unique circumstances and not every report
would be required for all applications. It is the intent of the Planning & Development Services
Department that applicants pre-consult with the Town prior to making a submission for an Official
Plan Amendment, Zoning By-law Amendment, Plan of Subdivision/Condominium and Site Plan.
This would allow for the determination of which reports are required and·if any of the required reports
could be scoped and/or submitted later in the planning approvals process. In addition, the above
checklist is not intended to preclude Council and its delegated approval authorities from requiring
additional reports and studies that may be identified during the planning process, if the
circumstances necessitate the need for such information as part of the decision making process.
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Item (3): Part Four-Implementing The Plan is hereby further amended by inserting a
new Section 4.0.2-Pre-consultation Meeting with the following new policies:
4.0.2 PRE-CONSULTATION MEETING
INTRODUCTION
Subsections 22(3.1), 34(10.01), 41(3.1) and 51(16.1) of the Planning Act,
1990, permit Council through the passing of a by-law, to require applicants to
consult with the municipality before submitting or making requests or
applications for amendments to the Official Plan and Zoning By-law or the
submission of plans and drawings for approval.
POLICIES
a) Under the prov1s1ons of the Planning Act, Council shall require those
applicants submitting or making requests or applications for amendments
to the Official Plan and/or Zonihg By-law, or making applications for Plans
of Subdivision/Condominiums or Site Plans to consult with the municipality
prior to submission of such applications for approval. The Pre-
consultation Meeting is intended to allow the applicant to discuss with
municipal staff matters pertaining to the subject site. Through these
discussions, municipal staff will have the opportunity to outline the
information and materials which will be required to be submitted
concurrently with the application. Specifically, Staff will identify on
Schedule "A" (Required Materials), any materials, plans, studies, reports
and/or analysis required to be submitted as part of an application.
For applications that may be considered straight forward or minor in
nature, limited additional information may be required. The Pre-
consultation Meeting will also afford Staff the opportunity to identify if any
of the required studies identified in this amendment or any Secondary
Plan can be scoped or submitted later in the planning approvals process.
This mandatory Precconsultation Meeting shall be required by Council
through the passing of a by-law.
3. Implementation and Interpretation
This Amendment has been considered in accordance with the provisions of the Aurora
Official Plan. The implementation and interpretation of this Amendment shall be in
accordance with the respective policies of the Aurora Official Plan.
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EXPLANATORY NOTE
Re: Official Plan Amendment No. 69
Official Plan Amendment No. 69 has the following purpose and effect:
This Amendment identifies in policy materials that the Town will require to be submitted
with applications for amendments to the Official Plan, amendments to the Zoning By-
law, and approvals of Plans of Subdivision/Condominiums and Consents. A list of these
materials are found in Schedule "A" (Required Materials). This amendment also
contains policies that require applicants to consult with Staff prior to submitting an
application for an Official Plan Amendment, Zoning By-law Amendment, Plan of
Subdivision/Condominium and/or Site Plan.
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