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AGENDA - Special Council - 20091215SPECIAL COUNCIL PUBLIC PLANNING AGENDA N0.09-34 TUESDAY, DECEMBER A 2009 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE December 11, 2009 AuR,oizA TOWN OF AURORA SPECIAL COUNCIL PUBLIC PLANNING MEETING AGENDA NO. 09-34 Tuesday, December 15, 2009 7:00 p.m. Council Chambers DECLARATIONS OF INTEREST II APPROVAL OFAGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented. III PLANNING APPLICATIONS IV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5197-09 BEING A BY-LAW to Confirm Actions by Council pg. 27 Resulting from Special Council — Public Planning Meeting 09-34 on December 15, 2009 V ADJOURNMENT Public Planning Agenda Tuesday, December 15, 2009 Page 2 of 2 AGENDA ITEMS 1. PL09-092 — Official Plan Amendment and Zoning By-law pg. 1 Amendment Applications The Town of Aurora and Chak Wai Chong and Kathy Chong (In Trust) 15286 and 15306 Leslie Street Pt. Lot 21, Con. 2, Pt 1 and 2 65R-2640 and Pt. Lot 21, Con. 2 West of Leslie Street, North of Wellington Street East Files D09-02-09 and D14-13-07 RECOMMENDED: THAT report PL09-092 be received as information and that Council determine its position with respect to the application, subject to public comments received. PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 TOWN OF AURORA PUBLIC PLANNING MEETING No. PL09-092 SUBJECT: Official Plan Amendment and Zoning By-law AmendmentApplications The Town of Aurora and Chak Wai Cheng and Kathy Chang (in Trust) 15286 and 15306 Leslie Street Pt. Lot 21, Con, 2, Pt 1 and 2 65R 2640 and Pt. Lot 21, Con, 2 West of Leslie Street, north of Wellington Street Bast File Numbers D09-02-09 and D14-13-07 FROM: Marco Ramunno, Director of Planning and Development Services DATE: December 15, 2009 RECOMMENDATION THAT report PL09-092 be received as information and that Council determine their position with respect to the application, subject to public comments received PURPOSE OF THE REPORT The purpose of this report is to evaluate the Official Plan Amendment and Zoning By-law Amendment applications to permit a commercial / office development on the subject lands. The following applications are being considered: 1. Official Plan Amendment application to redesignate part of the subject lands from "Linear and Other Open Space" and'` Institutional -Site Specific Area" to "Community Commercial -Site Specific Policy Area"; and 2. Zoning By-IawAmendment application to rezone the subject lands from "Rural General (RU) Zone" to "Shopping Centre Commercial (C4) Exception Zone". BACKGROUND Public Notification On November 20, 2009 Notice of a Public Planning Meeting respecting the subject applications was given by mail to all assessed property owners within 120 metres (400 ft.) of the subject property; by public notification in the Aurora Era Banner; and an information sign posted on the subject properties. As of December 9, 20.09, no written comments have been received. -1- PUBLIC PLANNING AGENDA - December 159 2009 ITEM # 1-2 -2- Location/Land Use No. The subject lands are located north of Wellington Street and west of Leslie Street, municipally known as 15286 and 15306 Leslie Street (see Figure 1). The subject lands are approximately 19,686 m2 (4.62 acres) in size and have a frontage of 62.45 metres (204.8 ft.) along Leslie Street. Two vacant residential homes are located on the properties. Surrounding Uses North: Vacant residential property (2C Secondary Plan lands); South: Commercial and residential properties (Community Commerclal designated lands); Bast: Leslie Street and commercial uses; West: institutional lands (Stronach Aurora Recreation Centre). Town Lands (15286 Leslie Street) On May 26, 2009, Council approved an Offer to Purchase Agreement to sell the property municipally known as 15286 Leslie Street to the adjoining owner, Chak Wai Cheng (In Trust), at 15306 Leslie Street for the purpose of developing the two (2) merged properties as a Commercial and Professional Office Centre (Commercial Centre). The Town, in accordance with the terms of the Offer, initiated and prepared an Official Plan Amendment application (009-02-09) in collaboration with Cheng, and consented to Cheng amending their Zoning By-law Amendment Application D14-13-07 to Include 15286 Leslie Street in the existing application. The sale of 15286 Leslie Street to Cheng is conditional on Cheng obtaining the Town's approval in principle of the subject development applications proposed herein. Town of Aurora Official Plan The subject lands are designated "Linear and Other Open Space" and "Community Commercial" by the Bayview Northeast Secondary Plan (Official Plan Amendment No. 30) and "Institutional -Site Specific Area" by Official Plan Amendment No. 49 (see Figure 2). Region of York Official Plan The subject lands are within the Urban Area in the Regional Structure mapping. The subject lands are not located within the Regional Greenlands system, and are not included on the Significant Forested lands mapping or the Significant Natural Feature mapping of the Region's Plan. Zoning By-law The subject lands are zoned "Rural General (RU) Zone" (see Figure 1). -2. PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 December 15 2009 - 3 - Report No. PL09-092 Proposal Chak Wai Cheng and Kathy Chang (In Trust) have applied to the Town to develop the subject lands for a commercial / office development. A conceptual plan has been submitted proposing four buildings having a total. floor area of approximately 10,000 m2 (100,000 sq. ft.) in size (see Figure 3). A 15 metre (49 ft.) buffer area is proposed along the western property line. The conceptual plan proposes Buildings B, C and D as one storey buildings and Building A as a three storey building including two levels of below grade parking. This development proposes approximately 450 parking spaces located below and at grade and a vehicular access from Leslie Street. A full site plan application for the development must be submitted at a future date and reviewed for consideration at a future General Committee Meeting. COMMENTS Town of Aurora Official Plan 15286 Leslie Street — (North Property) Cheng property ■ Community Commercial" designation along the Leslie Street frontage ■ "Linear and Other Open Space" designation western portion of site ■ "Community Commercial" lands are approximately 0.781 he (1.93 acres) in size ■ "Linear and Other Open Space" lands are approximately 0.278 ha (0.68 acres) in size "Community Commercial" Designated lands permits proposed commercial /office uses The "Community Commercial" designation allows for the opportunity for low-rise multi - tenant buildings to accommodate uses which generally cater to weekly shopping and service needs for residents and businesses in the community including: drug stones, speciality stores, retail stores, offices, places of entertainment, studios, personal services and recreational and health establishments. Food stores and/or supermarkets are also permitted subject.to a study demonstrating that there is adequate market support for such a use. Furthermore, the uses permitted in the Convenience Commercial designation including convenience stores, restaurants, upper floor office and residential uses shall also be permitted. The proposed development of the subject lands for a commercial / office development is permitted. "Linear and Other Open Space" Designated lands do not permit proposed commercial / office uses The "Linear and Other Open Space" designation generally encompasses the East Holland River Valley and also part of the East Aurora Wetland Complex. The proposed uses are not permitted; therefore an amendment to the Town's Official Plan is required for these lands only. -3- 'UBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1-4 .4. 15306 Leslie Street !South Proper Town of Aurora property (conditionally sold to Chang) No. • "Institutional -Site Specific Policy Area" designation along the Leslie Street frontage ■ "Linear and Other Open Space" designation western portion of the site ■ `Institutional -Site Specific Policy Area" lands are approximately 0.504 ha (1.25 acres) ■ "Linear and Other Open Space" lands area approximately 0.316 ha (0.78 acres) "Institutional -Site Specific Area" designated lands permits proposed commercial / office uses The "Institutional -Site Specific Policy Area" designation permits afire hall, recreational and cultural centres, child care and youth and community support centres. The lands may also be uses for all the uses permitted in the "Community Commercial" designation of the Bayview Northeast Secondary Plan (OPA No. 30) including drug stores, retail stores, offices etc. In addition, the lands may be used for all uses permitted in the "Medium — High Density Residential" designation of the Bayview Northeast Secondary Plan (OPA No. 30) which includes a range of housing forms such as stacked rowhouses, terrace houses, maisonettes and garden apartments and may include street and l or block rowhouses. Given that the subject designation does permit the proposed commercial uses, a site specific redesignation to "Community Commercial" is being sough in order to remove the Institutional polices which are no longer necessary as these lands have been deemed surplus lands. "Linear and Other Open Space" designated lands do not permit proposed commercial / office uses The "Linearand OtherOpen Space" designation generally encompassesthe East Holland River Valley and also part of the East Aurora Wetland Complex. The proposed uses are not permitted; therefore an amendment to the Town's Official Plan is required for these lands only. Environmental impact Study (EIS) Given that the proposed development will require the removal of part of the plantation I woodland on the lands designated "Linear an Other Open Space" an Environmental Impact Study has been completed to determine the impacts of the proposed development on vegetation and wildlife, and other natural features and functions of the area. The study also provides an analysis of the impacts and mitigation measures. The Town, in accordance with the terms of the Offer to Purchase Agreement, initiated an Official Plan Amendment application in which an Environmental Impact Study was prepared in collaboration with Chak Wai Cheng (In Trust). The EIS was prepared by North South Environmental and is dated October 2009. The following is a summary of the report. -4. PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 December 15, 2009 - 5 - Report No PL09-092 The report concludes that the site is likely to have a low function within the Region because: ■ It does not sustain provincially or regionally rare species ■ The natural area is small, with upland areas mainly dominated by non-native planted species ■ It is not part of a large contiguous forested area, it is part of a small, relatively isolated patch comprised of interspersed plantation and previously grazed deciduous forest, which is separated from any other forested parts of Aurora ■ It does not form part of a continuous corridor between critical portions of habitat for a large number of individuals or species ■ It does not buffer significant habitats from development or potential development ■ Forests in this patch are already fragmented by lawns, roads and residences ■ The wooded area of the site is not included in approved York Region Official Plan mapping as significant areas ■ Wooded areas do not meet proposed criteria for Significant Woodlands in the draft York Region Official Plan, and therefore not shown as significant areas in Regional mapping • The wetland is -not provincially or locally significant and does not contain locally, regionally or provincially significant species/plants or protect groundwater discharge. It does not provide habitat for breeding amphibians or any other habitat sensitive species. ■ The wetlands on the property may be drying up; even without development, functions characteristic of wetland habitat are liable to be lost The report further concludes that there is little rationale for including the subject property as a buffer area within the Holland River Watershed. The designation of the property as a "high constraint" area within the Official Plan for 213 (Cosburn Patterson Mather Limited) appears to have been based on a misidentification of the vegetation type, and the property should not be considered as an area of high constraint according to the Regional Greenlands System. In respect to Habitat, the report further concludes: ■ The site serves a function typical of a small mosaic of interspersed meadow marsh, cultural woodland and cultural plantation, with habitat mainly for generalist plants and wildlife species ■ Its close proximity to the plantation and forest on the residential properties to the north means that it is used by more species than if it were isolated, as the natural habitat on the property is very small ■ Habitat will be lost for the two wildlife species as a result of the development, both direst loss of habitat itself, and reduction in size of the forest block, which will reduce the attractiveness of the block to area -sensitive species and will reduce some of the diversity of vegetation within the forest block. • Losses will not significantly decrease the population of these species within York Region or the Town of Aurora. -5. 'UBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1-6 onnc - 6 - Impacts and Mitigation Impacts can be categorized as short-term (those that occur during construction) and long- term (those for which effects are likely to persist). The impacts are likely to be minimal to the ecological features on the property as the combined wooded areas are marginally significant according to the York Significant Woodlands policy, and there are relatively few functions related to the plantation on the site. Short Term Impacts during construction A short term direct impacts results from construction and the disruption of adjacent natural areas. The EIS recommends mitigation measures such as grading plan and erosion and sedimentation control plan, and recommends appropriate stormwater management facilities which should be installed to mitigate sedimentation resulting from surface water runoff. These recommendations are requirements of the site plan application and will form part of the site plan agreement and reviewed and approved by the Towns' engineering department. There may be impacts to trees which are scheduled for retention on the west side of the property once development commences. it is recommended that a Tree Saving Plan (Tree Preservation Plan) should be developed at the design stage. This recommendation is a requirement of the site plan application process, and will form part of the agreement and be approved by the Towns' landscape architect. Long Term Impacts Loss of Wetland The development if the site will result in the loss of a meadow marsh area of approximately 0.27 ha (0.66 acres). However, changes to the up -gradient drainage catchment area of the wetland on the property could potentially result in the loss of surface runoff and infiltration which may contribute to drier conditions in the wetland and changing vegetation conditions, despite any impacts from on -site development. Therefore even without development, functions characteristic of wetland habitat are liable to be lost. The wetland is not provincially significant or locally significant plant community, and does not contain locally, regionally or provincially significant species or protect groundwater discharge. It does not provide for breeding amphibians or any other habitat -sensitive species. Long term impacts from removal of this vegetation particularly given that its functions will likely change, would be minor. Loss of Cultural Plantation Habitat and 15 metre buffer area The cultural plantation / cultural woodland on the property will be almost completely removed, except for a 15 metre (49 ft) buffer area along the western boundary. This will result in the loss of habitat for species within the plantation (example: Hairy -tale mole, black -capped chickadee and red breasted nuthatch). it is possible that the chickadee and -6- PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 December 15, 2009 .7. Report No. PL09-092 red breasted nuthatch will remain in the 15 metre (49 ft.) buffer; however the hairy -tailed mole will likely be lost due to the development. The recommended mitigation suggested in the report include that the existing trees should be retained wherever possible and young native conifers and deciduous species should be Planted in the 15 m buffer to restore some of the function of the plantation area and provide habitat for some of the bird species. The buffer should be planted as wildlife habitat, with additional native shrub and her species planted in the understory and ground layer. Furthermore, this area shall be allowed to naturalize as the planted trees, shrubs and ground flora species mature. Through the site plan process, a tree preservation plan will be required which will identify the existing trees to remain on the property, and a landscape plan will identify the proposed vegetation. The plan shall encompass the recommended vegetation as perthe EIS where appropriate. Loss of large Maple Tree A large (approximately 80 cm diameter) sugar maple on the northern property line will likely be lost due to the building envelop. It is recommended that if the tree cannot be saved, then trees should be planted as a replacement within an area of the site where it will service an ecological function. Through the site plan process, the applicant will work with the landscape department and determine a suitable level of compensation planting. Loss of Locally Significant. Flora Species Locally significant species, including tall beggar'sticks, black walnut and wild geranium, will be lost to development. Wild geranium and black walnut can be planted within the 15 m buffer, and is relatively adaptable. However, no suitable habitat will remain to support tall beggar's ticks. Through the site plan process, the applicant will work with the landscape department and determine a suitable location in the 15 metre (49 ft.) buffer for the species identified. Official Plan Amendment Further to the conclusions and recommendations of the EIS, the Town of Aurora has initiated an Official Plan Amendment to redesignate part of the subject lands from "Linear and Other Open Space" and "institutional -Site Specific Policy Area" to "Community Commercial -Site Specific Policy Area" designation is attached as Appendix 1. The following is a summary of the proposed policies: Lands shall be developed for commercial uses, consistent with the Community Commercial uses and policies of Bayview Northeast Secondary Plan (Official Plan -7. OUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1-8 December 15 2009 -8 - Report No. PL09-092 Amendment No. 30). The development shall be consistent with the Environmental Impact Study (EIS) prepared by North South Environmental. Specific requirements include maintaining a 15 metre buffer area along the western property line and applying the recommended replacement plantings and recommended plantings in the buffer area. Design shall conform to the Wellington Street Design Guidelines, and shall have a high standard of design implemented through the site plan process. Zoning By-law Amendment Chalk Wai Cheng (In Trust) have submitted a Zoning By-law Amendment application to rezone the lands from "Rural General (RU) Zone" to "Shopping Centre Commercial (C4) Exception Zone". The following is a summary of the site specific "Shopping Centre Commercial (C4) Exception Zone' provisions requested by the applicant: ■ Permitted uses include: retail stores, restaurants, convenience stores, speciality food stores, offices, places of entertainment, studios, personal services and recreational and health establishments ■ Front yard (minimum) 6 metres (20 ft.) ■ Rear Yard (minimum) 15 metres (49 ft.) ■ Buffer area (minimum)15 metres (49 ft.) along the westerly property line ■ North side yard setback maintaining Town's buffer requirement of 1.5 m buffer strip (minimum) with a 1.5 m wood privacy fence ■ Height (3 storeys) Given that the plan submitted at this time is conceptual, specific details such as lot coverage, south side yard setback and gross floor area have not been finalized. Notwithstanding this, the applicant has providing such details as the minimum front yard setback, rear yard setback, north setback and the buffer requirement have been identified through the EIS. If the applications are approved in principle, the remaining details will be finalized through the implementing zoning by-law and site plan review process. Department Comments The Town Departments including the Building Department, Leisure Services and Central York Fire Service have no objection to the proposed use. The applicant has not submitted a site plan application at this time; however, as part of the site plan review process, Town departments will work with the applicant regarding site development matters, including. stormwater management design, parking layout, landscaping, urban design and architecture should the Official Plan Amendment and Zoning By-law Amendment applications be approved in principle. -8- PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 - December 15, 2009 -9 - Report No. PL09-092 External Departments and Agencies York Region The Roads Branch of the Regional Transportation Services Department have reviewed the conceptual plan and have offered comments. The applicant shall provide a traffic impact study supporting the proposed location and design of the access. There will be property requirements from both parcels in orderto achieve York Region's required right way width for Leslie Street. The applicant will provide the required detailed information In this regard through the site plan process. Lake Simcoe Region Conservation Authority The Lake Simcoe Region Conservation Authority (LSRCA) do not abject to the official plan amendment for the subject lands. (The subject properties are not located within the Regulated Limits of the Authority.) FINANCIAL IMPLICATIONS There are no financial implications associated with this report. SERVICING ALLOCATION Not applicable. PROVINCIAL POLICY STATEMENT The subject applicaiton is consistent with the policies of the Provincial Policy Statment, ALTERNATIVEM TO THE RECOMMENDATION At the Public Planning Meeting, taking into consideration comments from staff and residents, Council has the following options: 1. Approving the applications in principle. 2. Resolving that the applications be brought back to Committee or a further Public Planning Meeting upon resolution of any outstanding issues. 3. Refusal of the application with an explanation for the refusal. CONCLUSIONS Council approved an Offer to Purchase Agreement to sell the property municipally known as 15286 Leslie Street to the adjoining owner, Chak Wai Cheng (in Trust), at 15306 Leslie Street for the purpose of developing the two (2) merged properties as a Commercial and -9- 'PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 - 10 December 15, 2009 - 10 - Report No. PL09.092 Professional Office Centre (Commercial Centre). The Town, in accordance with the terms of the Offer, initiated and prepared an Official Plan Amendment application (D09-02-09) in collaboration with Cheng, and consented to Cheng amending their Zoning By-law Amendment Application D14-13-07 to include 15286 Leslie Street in the existing application. The sale of 15286 Leslie Street to Cheng is conditional on Cheng obtaining the Town's approval in principle of the subject development applications. Further to the conclusions and recommendations of the EIS, the Town of Aurora has initiated an Official Plan Amendment to redesignate part of the subject lands from "Linear and Other Open Space" and "Institutional -Site Specific Policy Area" to "Community Commercial -Site Specific Policy Area to allow for the development of the lands for commercial / office uses. Furthermore, the applicant has made a Zoning By-law Amendment application to rezone the subject lands from lands from "Rural General (RU) Zone" to "Shopping Centre Commercial (C4) Exception Zone" to permit commercial / office uses. Should Council determine there is merit in the proposal, it is suggested that subject to any public comments received, the Official Plan Amendment and Zoning By-law Amendment applications be approved in principle. It is further suggested that Council direct staff to proceed to the next available General CommitteeMeeting to adopt the proposed Official Plan Amendment. Once a formal site plan application has been submitted and reviewed by Town staff and the Region; the preparation of the implementing zoning by-law amendment with the site plan application will be presented to Council for consideration. ATTACHMENTS Figure 1 - Location and Zoning Plan Figure 2 - Official Plan Figure 3 - Conceptual Plan APPENDIX Appendix 1 — Draft Official Plan Amendment. PRE -SUBMISSION REVIEW Chief Administrative Officer and Director of Planning and Development Services Prepared by. Cristina Celebre, Planner - Extension 4343 _Marcaihunno, M.C.M, R.P.P. Director of Planning and Development Services Neil YGa_rbe?_ Chief Administrative Officer -10- M W A A. O m 9 � C 2 1 ®� ® ® S � N GC I N ga J a a` 6 m O N m �?®z�O LO a m 0 VM i 0) 1 7` i M U w m l M V ice+, �1 I A z 44r 0 �Z ZLU Z � N� Q Z V oS� Z R no �Uad V3Nw098" It ICE�J cxi a u��. • - • 0 `//ram• '� // y • '�■.INN ON ..1� lc jay. `§'",�1'�\ai ! II ♦/ ■I VIEWSEMI Mll ■ .■.■.■■■■■.� �j ' ��� cq cs ■■■■■■■■.■.■■�■■■..■■��r • C.C�C.. ............� ...... .� ...... ..........C�., .:y ■■..� .C.C... ■. ■..,' 14=1m, r . Z_ U' Z Z 55 2 a �. z IL Lu WU0 0 — od Z7+ M 0Y9 is V00 OUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 -14 of. ire AMENDMENT NO. xx TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA APPENDIX 1 -14- PUBLIC PLANNING AGENDA - December 15, 2009 AMENDMENT NO. xx TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA ITEM # 1 - 1; The Amendment No. xx 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: Director of Development Services Regional Municipality of York -15- VBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 -16 THE CORPORATION OF THE TOWN OF AURORA By-IaW.Number xxxx-09.D BEING A BY-LAW to adopt Official Plan Amendment No. xx The Council of the Corporation of the Town of Aurora, under Section 17 (22) of the Planning Act, RSO 1 goo Chapter P. 13 as amended, hereby enacts as follows: 1. Official Plan Amendment No. xx for the Town of Aurora, consisting of the attached explanatory text and schedules, is hereby adopted. egional 2 The ClerMun cipality of York fois hereby ur approval of Official Plan Amendment tNo. xx for horized and directed to make acaion to thehe 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, SECOND AND THIRD TIME THIS DAY OF , 2009. MAYOR , TOWN CLERK -16- PUBLIC PLANNING AGENDA - December 15, 2009 AMENDMENT NO. xx TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA ITEM # 1 - T 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 (22) of the Planning Act, RSO 1990 Chapter P. 13 as amended, as Amendment No. xx to the Official Plan for the Town of Aurora. , Mayor , Town Clerk -17- 'UBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 - 18 AMENDMENT NO. XX TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA STATEMENT OF COMPONENTS INDEX PAGE PART 1 THE PREAMBLE 1 1.0 Introduction 1 2.0 Purpose of the Amendment 1 3.0 Location 1 4.0 Basis of the Amendment PART 2 THE AMENDMENT 1.0 Introduction 2 2.0 Details of the Amendment 2 3.0 Implementation and Interpretation -18- PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 -1! PART 1 - THE PREAMBLE Page 1 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 change the land use designation on the subject lands shown on Schedule "A", attached hereto and forming part of this amendment from "Linear And Other Open Space" and "Institutional -Site Specific Policy Area 3.4.2.c." to "Community Commercial -Site Specific Policy Area" to allow for commercial / office uses on the subject lands. 3.0 LOCATION The subject lands affected by this amendment are located within the Town of Aurora, and are described as 15286 Leslie Street and 15306 Leslie Street. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment, in response to the following: 4A An application has been initiated by the Town of Aurora to redesignate part of the subject lands from "Linear and Other Open Space" and "Institutional -Site Specific Policy Area 3.4.2.c." to "Community Commercial -Site Specific Policy Area" to allow for the development of the subject lands for commercial / office uses. 4.2 Part of the subject lands are designated "Institutional -Site Specific Policy Area 3.4.2.c." by Official Plan Amendment No. 49 which established site specific policies to allow for the development of the Town's new fire hall and the Stronach Aurora Recreational Centre. This designation also permits commercial / office uses. A site specific redesignation to "Community Commercial -Site Specific Policy Area" is being sought in order to remove the institutional policies which are no longer necessary as these lands have been deemed surplus lands. 4.3 The proposed development facilitates the assembly of individual properties into one comprehensive land development. -19- IUBLIC PLANNING AGENDA - December 159 2009 ITEM # 1 - 20 4.4 An Environmental Impact Study (EIS) was prepared by North South Environmental dated October 2009. The EIS establishes the developable area of the subject lands; it also contains a recommended buffer area, mitigation measures including replacement plantings and recommended plantings in the buffer area. -20- PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 - 2 PART 2 - THE AMENDMENT Page 2 1.0 INTRODUCTION All of this part of the document entitled Part 2 - The Amendment, consisting of the following text and attached maps, designated Schedule "A" (Land Use Plan), and Schedule "H" (Site Specific Policy Areas), 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, being part of Official Plan Amendment No. 30, is hereby amended by changing the land use designation from "Linear and Other C+pen Space" and 'Institutional -Site Specific Policy Area 3.4.2.c." to "Community. Commercial -Site Specific Policy Area" as shown on Schedule "A" attached hereto and forming part of this Amendment. Item (2): That Schedule "H" - Site Specific Policy Areas, attached hereto and forming part of this amendment, is hereby amended by adding section "x.x.x.x." The following policies apply to the lands designated as "Community Commercial - Specific Policy Area x.x.x.x," on , as shown on Schedules "A" and "H", attached hereto and forming part of this plan. i) The lands may be used for all uses permitted in the "Community Commercial' designation of the Bayview Northeast Secondary Plan (Official Plan Amendment No. 30), Section 3.4.3. ii) The development of the lands shall be consistent with the Environmental Impact Study (EIS) prepared by North South Environmental dated October 2009. The EIS specifically requires that any proposed development shall maintain a 15 metre buffer area along the western property line. Any new development shall also be consistent with the recommended mitigation measures specifically including replacement planting requirements and recommended plantings in the buffer area. -21- UBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 - 22 iii) Buildings shall have a standard of design consistent with the Urban Design Guidelines prepared for the Wellington Street East Corridor (Area 2B) by Brook Mcliroy Inc., dated November 2002. In order to accomplish this objective, the fagade of buildings should provide a high standard of design, detail and variety of materials. Wall facing material should be combined to create front building facades with a distinct, well-balanced street presence. iv) Except where in conflict with the policies contained herein, development proposals shall be consistent with the policies of the Bayview Northeast Secondary Plan (Official Plan Amendment No. 30). -22- PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 - 2: 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 and Site Plan Agreements. -23. PUBLIC PLANNING AGENDA - December 15, 2009 ITEM # 1 - 24 EXPLANATORY NOTE Re: Official Plan Amendment Number xx The purpose of this amendment is to establish site -specific policies to permit the use of the lands for commercial / office uses. The amendment contains polices in which the lands may be used for all the permitted uses in the "Community Commercial" designated lands of the Bayview Northeast Secondary Plan. It also requires that the development be consistent with the Environmental Impact Study (EIS) prepared by North South Environmental for the subject lands. Furthermore, the amendment requires that the buildings shall have a standard of design consistent with the Urban Design Guidelines prepared for the Wellington Street East Corridor. -24- I PUBLI dI -26 PUBLP MIN AGENDA - December 15, 2009 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5197-09 BEING A BY-LAW to Confirm Actions by Council Resulting From Special Council - Public Planning Meeting 09-34 on December 15, 2009 THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the actions of the Council at its Special Council — Public Planning meeting held on December 15, 2009 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting Is, exceptwhere prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the�Clerk is hereby authorized and directed to affix the corporate, seal to all such documents. READ A FIRST AND SECOND TIME THIS 15TH DAY OF DECEMBER, 2009. READ A THIRD TIME AND FINALLY PASSED THIS 15"' DAY OF DECEMBER, 2009. IIPHYLLIS M. MORRIS, MAYOR II CINDY JANZEN, DEPUTY CLERK .27.