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BYLAW - LPAT OPA No. 16 (Aurora United Church) - 20181022 - 614218The Corporation of the Town of Aurora By-law Number 6142-18 Being a By-law to amend By-law Number 5285-10, as amended, to adopt Official Plan Amendment No. 16 (The Board of Trustees of the Aurora United Church). Whereas on September 28, 2010, the Council of The Corporation of the Town of Aurora (the “Town”) enacted By-law Number 5285-10, as amended, to adopt the Official Plan for the Town of Aurora (the “Official Plan”); And whereas on October 22, 2018, the Local Planning Appeal Tribunal issued a Memorandum of Oral Decision and Order, under OMB Case No. PL170912 (the “Decision”) approving an amendment to the Official Plan respecting the lands municipally known as 15186 Yonge Street, 55, 57, 57A Temperance Street, 12 Tyler Street and 16 Tyler Street, following an appeal pursuant to section 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended; Now therefore the Official Plan is amended by the Local Planning Appeal Tribunal as follows: 1. Official Plan Amendment No. 16 attached hereto be and is hereby adopted. Pursuant to the Decision of the Local Planning Appeal Tribunal issued on the 22nd day of October, 2018 under OMB Case No. PL170912. By-law Number 6142-18 Page 2 of 5 Amendment No. 16 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 By-law Number 6142-18 Page 3 of 5 Part I – The Preamble 1. Introduction This part of the Official Plan Amendment No. 16 (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 facilitate the development of a new place of worship (known as the Aurora United Church) and a seven (7) storey Retirement Home with a maximum of 154 units and associated below grade parking. 3. Location The lands affected by this Amendment are located at the northwest corner of the Tyler Street and Yonge Street intersection, municipally known as 15186 Yonge Street, 55, 57 & 57A Temperance Street and 12 & 16 Tyler Street, in the Town of Aurora; having a lot area of approximately 0.46 hectares; and legally described as Part Lots 9, 10 and 11, W/S Yonge Street, Plan 9, 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 Official Plan Amendment application (File: OPA-2016-05) and Zoning By-law amendment was submitted to the Town of Aurora for consideration in December 2016 to facilitate the development of a new two (2) storey place of worship and a seven (7) storey Retirement Home within the Aurora Promenade - Downtown Area Official Plan land use designation. The proposed place of worship would replace the former Aurora United Church building which existed on the Yonge Street frontage since 1878 prior to being destroyed by a fire in 2014. 4.2 A Public Planning Meeting was held by the Town's Council on March 22, 2017 to present the application and obtain input from members of the public and Council. 4.3 A second Public Planning Meeting was held by the Town's Council on May 24, 2017 which presented revisions to the original application including a revised building height limit of seven (7) storeys. 4.4 The Aurora Promenade Secondary Plan Schedule B2, provides specific height controls for the Subject Lands. A minimum height of two (2) storeys and maximum height of five (5) storeys is required by the Plan. An Amendment to the Official Plan will be required to Schedule B2 to increase the maximum number of storeys permitted on the site to seven (7) storeys (22.5 metres). 4.5 The development plans propose an active streetscape with both uses fronting on Yonge Street. The building plans conform to the general By-law Number 6142-18 Page 4 of 5 provisions and are in keeping with the directions of the Promenade Secondary Plan, and the Aurora Promenade Concept Plan, Urban Design Strategy. Amendments to the Official Plan are also required to accommodate minor build-to yard setbacks on the front exterior side and rear yards as provided for in Aurora Promenade - Downtown Designation Area development policies. 4.6 The Official Plan provides policies related to parkland dedication within the Aurora Promenade. It is not suitable for the proposed development to provide the required parkland on site. As such, a cash-in-lieu of parkland payment will be required to address the Parkland dedication requirements. This is also considered to be appropriate given the broader interests of intensification and core area growth along the Promenade Corridor to achieve the objectives of the Secondary Plan. 4.7 The implementing Zoning By-law amendment will apply site specific provisions to implement the development plan by incorporating appropriate development provisions and performance standards for the development of the Subject Lands including gradation of building heights in relation to the adjacent residential neighbourhood to the south and west of the Subject Lands. 4.8 The Site Specific Policies as outlined in the Details of The Amendment are considered to be compatible and appropriate which will result in a complementary built form within the Aurora Promenade - Downtown Area. The request for an amendment to the height schedule is suitable in that the site is a relatively larger site in the Downtown Area and the building will be stepped back and tiered away from adjacent streets, and in particular Temperance Street and the intersection of Temperance and Tyler Streets. The proposed built form allows two compatible uses on the site and maintains the important building transition to the neighbouring residential neighbourhood. The development will support the goal of intensification within the Aurora Promenade, and meets the objectives of the Plan. 4.9 Appropriate development of the Subject Lands will be achieved through the application and implementation of the urban design guidelines as part 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 and the subsequent site specific zoning bylaw amendment. 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 as Schedule "A" and Schedule "B", designated as Schedule "B2" (The Aurora Promenade Secondary Plan Area) and Schedule "H" (Site Specific Policy Areas), constitutes Amendment No. 16 to the Official Plan. 2. Details of the Amendment The Official Plan is hereby amended as follows: By-law Number 6142-18 Page 5 of 5 Item (1): "Schedule "B2", The Aurora Promenade Secondary Plan Area, being Part of the Town of Aurora Official Plan is amended to increase the maximum height on the property from minimum two (2) storeys and maximum five (5) storeys to; minimum two (2) storeys, maximum seven (7) storeys for the Subject lands, as shown on Schedule "A", attached hereto and forming part of this Amendment. There shall be gradation of building height in relation to the adjacent residential neighbourhood to the south and west of the Subject Lands." 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 47 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 11.3.2 respecting development policies, the following special site specific use and policies shall apply to the lands designated as "Site Specific Policy No. 47", with the area shown as the Subject Lands on Schedule "B" attached hereto and forming part of this Plan: "The site shall be developed as; a two (2) storey place of worship at the intersection of Tyler and Yonge Streets forming a key focal point at the intersection, and; a retirement residence having a maximum height of 6 storeys on Yonge Street, increasing to a maximum of 7 storeys at the interior of the site, and stepping and terracing down in proximity to the adjacent residential neighbourhood to the south and west of the Subject Lands. The implementing Zoning By-law shall clearly depict the required stepping and gradation of height and depth of associated terraces. The place of worship building may be built at a 0.0m setback to Tyler Street. The retirement residence component of the building has exposure to Yonge Street, Tyler Street and Temperance Street. The retirement residence shall be tiered and stepped back from the abutting streets in accordance with the angular plane policies of the Promenade Plan and the architecture and building materials shall be sensitive and compatible to the character of the Yonge Street Promenade Downtown Area and to the adjacent residential neighbourhood to the south and west. The design shall also provide the majority of parking within an underground parking structure and no direct vehicular access will be permitted onto Yonge Street. The retirement residence may be built at a 0.0m setback from Yonge Street, 2.5m setback from Tyler Street and 2.5 m setback from Temperance Street." 3. Interpretation and Implementation 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.