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BYLAW - Adopt OPA 9 - 20160614 - 586216THE CORPORATION OF THE TOWN OF AURORA By-law Number 5862-16 BEING A BY-LAW to adopt Official Plan Amendment No. 9. WHEREAS on September 28, 2010, the Council of The Corporation of the Town of Aurora (the "Town") enacted By-law Number 5285-10, being the new Official Plan for the Town, including amendments thereto (the "Official Plan"); AND WHEREAS authority is given to Council pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass a by-law amending the Official Plan; AND WHEREAS the Town deems it necessary and expedient to further amend the Official Plan; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT Official Plan Amendment No. 9 attached hereto and forming part of this By-law be and is hereby adopted. 2. THAT this By-law shall come into force subject to compliance with the provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. READ A FIRST AND SECOND TIME THIS 14t'' DAY OF JUNE, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 14'' DAY OF JUNE, 2016. Appromd as to Form Byege ervices Signature Date:—�"1-- LISA ONS, TOWN CLERK AuRoRA yowr� 10066 compassy AMENDMENT NO.9 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA Page 2 AMENDMENT NO.9 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA STATEMENT OF COMPONENTS PART I — THE PREAMBLE 1. Introduction 2. Purpose of the Amendment 3. Location 4. Basis of the Amendment PART II — THE AMENDMENT 1. Introduction 2. Details of the Amendment 3. Implementation and Interpretation Page 3 PART I — THE PREAMBLE 1. Introduction This part of the Official Plan Amendment No. 9 (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 change the land use designation from "Upper Downtown" to "Upper Downtown Special — Site Specific Policy No. 41 ". The provision of this Amendment will allow six (6), four (4) storey buildings of stacked back-to-back condominium townhouse units with residential uses at grade. 3. Location The lands affected by this Amendment are located north of Wellington Street on the west Side of Yonge Street, municipally known as 15278 Yonge Street, having a lot area of approximately 1.1 hectares (2.7 acres), and legally described as Lot 7 & Part Lot 6 Plan 36, Part 1 65R31549; Aurora (PIN 03637-0766); and Lots 17, 18, 19, 21, Part Lots 15 & 16 Plan 246 & Part Lots D, E & F Plan 36, Parts 2 & 3 65R31549, AURORA; S/T easement in gross over Part Lot 19 Plan 246, Part 3 65R31549 as in YR862761; T/W easement over Part Lot 15 Plan 246, Part 4 65R31549 as in R292152 (PIN 03637-0767), Town of Aurora, Regional Municipality of York (the "Subject Lands"). 4. Basis of the Amendment The basis of the Amendment is as follows: 4.1 The Town undertook an Official Plan review which was enacted by Town Council on September 28, 2010 and approved by the Region of York on June 28. 2012. The Town's new Official Plan came into force on August 14, 2012. The new Official Plan designated the Subject Lands as "The Aurora Promenade — Upper Downtown" area. 4.2 The Official Plan Amendment application (file: OPA-2015-04) and Zoning By- law amendment was submitted to the Town for consideration in August, 2015 to facilitate the residential development of six (6), four (4) storey buildings of stacked back-to-back condominium townhouse totaling 126 units with residential uses at grade within the Upper Downtown land use designation on the Subject Lands, together with a related amendment to the Town's Zoning By-law. 4.3 A Public Planning Meeting was held by the Town's Council on November 25, 2015 to obtain input from members of the public and the Town's Council. A second staff report was brought to a Public Planning Meeting on March 30, 2016. 4.4 The Upper Downtown designation permits a broad range of uses such as commercial uses including retail stores, restaurants and personal services. The list of permitted uses will continue to apply in addition to stand-alone residential on the Subject Lands as a result of this Amendment. The Upper Downtown designation parking policies will also continue to apply to the Subject Lands as a result of this Amendment. 4.5 The implementing Zoning By-law amendment will incorporate appropriate development provisions and performance standards for the development of the Subject Lands. Page 4 4.6 Due to the locational context of the Subject Lands being a large lot with an irregular shape fronting on two public roads surrounded by both commercial and residential land uses to the north and south. It is not feasible for the subject lands to develop as block stacked, back-to-back townhouses and fully comply with all development policies of the Upper Downtown designation built -form standards. 4.7 Appropriate development of the Subject Lands for residential purposes can be achieved through the detailed review and urban design evaluation of the Town's Site Plan control process as envisioned by the Promenade policies of the Official Plan. This will be ensured through the Town Council's review and approval of the final Site Plan. 4.8 The building elevations demonstrate that the proposed building is attractive and compatible with the character of the promenade, and that the proposed number of dwelling units and stand-alone residential uses will not adversely impact the adjacent properties. 4.9 The Upper Downtown Special designation policies as outlined in the details of the Amendment are compatible with the existing uses and Official Plan land use designations within the neighbourhood. PART II — THE AMENDMENT 1. Introduction All of this part of the document entitled Part II — The Amendment, consisting of the following text and attached maps, designated as Schedule "131" (The Aurora Promenade Secondary Plan Area) and Schedule "H" (Site Specific Policy Areas), constitutes Amendment No. 9 to the Official Plan. 2. Details of the Amendment The Official Plan is hereby amended as follows: Item (1): "Schedule "131 ", The Aurora Promenade Secondary Plan Area, being Part of the Town of Aurora Official Plan is amended to re -designate the subject lands from "Upper Downtown" to "Upper Downtown Special", as shown on Schedule "A" to Official Plan Amendment No. 9, attached hereto and forming part of this Amendment." Item (2): "Schedule "H", Site Specific Policy Areas, being part of the Town of Aurora Official Plan, is amended by adding a site specific policy area over the Subject Lands, as shown on Schedule "B", attached hereto and forming part of this Amendment." Item (3): "Notwithstanding any policies to the contrary as outlined in Policy 11.4.1 respecting land use and 11.4.2 respecting development policies, the following special site specific use and policies shall apply to the lands designated as "Upper Downtown Special — Site Specific Policy No. 41 ", with the area shown as the Subject Lands on Schedule "H" attached hereto and forming part of this plan: a) residential uses at grade and/or below grade shall be permitted; b) buildings taller than four (4) storeys or 16.0 metres, are subject to a front yard step -back at the fourth storey fronting Yonge Street; c) the minimum lot coverage by a building or buildings shall be thirty- five percent (35%); Page 5 d) the maximum setback of buildings to Yonge Street shall be 5.0 metres; e) interior side yard setbacks shall be setback a minimum of 2.0 metres; f) the minimum rear yard setback adjacent to Machell Avenue shall be 3.5 metres to facilitate an appropriate interface with the adjacent neighbourhood; g) parking shall be screened from Yonge Street, in accordance with a site plan agreement; h) the policies contained herein shall be implemented by way of a site - specific Zoning By-law amendment and Site Plan." 3. Implementation and Interpretation This Amendment has been considered in accordance with the provisions of the Official Plan. The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Official Plan.