BYLAW - OPA #70 - 20090625 - 515109THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5151-09
BEING A BY-LAW to adopt Official Plan Amendment No. 70
WHEREAS section 21(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended,
provides that the council of a municipality that is within a planning area may initiate
an amendment to any official plan that applies to the municipality, and that section
17 of the Planning Act, R.S.O. 1990, c.P.13, shall apply to any such amendment;
AND WHEREAS section 17(22) of the Planning Act, R.S.O. 1990, c.P.13, as
amended, provides that the council of a municipality may by by-law adopt all or part
of the official plan and submit it for approval;
AND WHEREAS the Council of The Corporation of the Town of Aurora deems it
necessary and expedient to adopt Official Plan Amendment No. 70;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT Official Plan Amendment No. 70 attached hereto as Schedule "A" be
hereby adopted.
2.
3.
THAT staff for The Corporation of the Town of Aurora be hereby directed to
submit Official Plan Amendment No. 70 to The Regional Municipality of York
for approval.
THAT the provisions of this By-law shall come into force and take effect upon
third reading subject to compliance with the provisions of the Planning Act,
R.S.O. 1990, c.P.13, as amended .
. READ A FIRST AND SECOND TIME THIS 25th DAY OF JUNE, 2009.
READ A THIRD TIME AND FINALLY PASSED THIS 25th DAY OF JUNE, 2009.
. MORRIS, MAYOR LUCILLE KING, :T'OWN CLERK
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AMENDMENT NO. 70
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
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AMENDMENT NO. 70
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
_/ The Amendment No. 70 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 in accordance with sections 17 and 21 of the Planning Act, R.S.O.
1990, c.P.13, as amended.
Date:~----~----
THE REGIONAL MUNICIPALITY
OF YORK
per:
Name:
Title:
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AMENDMENT NO. 70
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
STATEMENT OF COMPONENTS
PART 1-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
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PART I-THE PREAMBLE
1. Introduction
This part of the Official Plan Amendment No. 70 (hereinafter 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 add policies to the Official Plan for the Town of
Aurora (hereinafter the "Official Plan") which will give the Town of Aurora greater
control overthe external design and sustainable design elements of a site plan.
3. Location
This Amendment appliesto all lands located in the Town of Aurora.
4. Basis. of the Amendment
The Planning and Conservation La rid Statute Law Amendment Act, 2006 -Bill 51,
received Royal Assent on October 19, 2006 and the majority of Bill 51 came into
force on January 1, 2007. Municipalities will now be able to control through site
plans: "Matters relating to exterior design, including without limitation, the character,
scale, appearance and design features of buildings, and their sustainable design,
but only to the extent that it is a matter of exterior design (Subsection 41.4.2.d)."
Furthermore, municipalities will now also be able to control: "The sustainable design
elements on any adjoining highway under a municipality's jurisdiction, including
without limitation trees, shrubs, hedges, plantings or other ground cover, permeable
paving materials, street furniture, curb ramps, waste and recycling containers, and
bicycle parking facilities (Subsection 41.4.2.e)." These increased powers are only
available if an official plan and site plan control by-law are in effect which contain
provisions relating to such matters. This Amendment also contains policies that
encourage the provision of healthy soil environments and the use of water-wise and
energy efficient plant materials, including greater use of native species where
suitable. Furthermore, this Amendment contains an interim policy which requires all .
proposals for industrial, commercial, institutional, mixed-use and residential buildings
to make best efforts to build to a minimum standard of LEED™ Silver or the
equivalent on another rating system. More detailed policies in this regard, including
the implementation of any Regional policies, will be include9 in the new Official Plan
consolidation at a later date.
PART II-THE AMENDMENT
1. Introduction
· All of this part of the document entitled Part II -The Amendment, consisting of the
following text, constitutes Amendment No. 70 to the Official Plan.
2. Details of the Amendment
The Official Plan is hereby amended as follows:
Item (1 ): Part Four-Implementing The Plan is hereby amended by inserting a new
Section · 4.4.1 -Site Plan Control (Exterior Design/Sustainable Design
Elements) with the following new policies: .
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4.4.1 Site Plan Control (Exterior Design/Sustainable Design
Elements)
INTRODUCTION
Subsections 41.4.2.d of the Planning Act, R.S.O. 1990, c.P.13, as
amended, permits a municipality to control through site plans matters
relating to exterior design, including without limitation, the character, scale,
appearance and design features of buildings, and their sustainable design,
but only to the extent that it is a matter of exterior design. Furthermore,
subsection 41.4.2.e permits a municipality to control the sustainable
design elements on any adjoining highway under a municipality's
jurisdiction, including without limitation trees, shrubs, hedges, plantings or
other ground cover, permeable paving materials, street furniture, curb
ramps, waste and recycling containers, and bicycle parking facilities.
POLICIES
a Council· shall enter into Site Plan Agreements with owners of
development proposals, in accordance with section 41.7 .c of the
Planning Act, R.S.O. 1990, c.P.13, as amended. Such agreements
shall provide Council with controls over development proposals
regarding exterior design, including without limitation, the character,
scale, appearance, and design features of buildings, and their
sustainable design as outlined in section 41.4.2.d of the Planning Act,
R.S.O. 1990, c.P.13, as amended. Furthermore, such agreements
shall provide Council with controls over the sustainable design
elements on any adjoining highway under a municipality's jurisdiction,
including without limitation trees, shrubs, hedges, plantings or other
ground cover, permeable paving materials, street furniture, curb
ramps, waste and recycling containers and bicycle parking facilities as
outlined in section 41.4.2.e of the Planning Act, R.S.O. 1990, c.P.13,
as amended.
b Given that the Planning Act, R.S.O. 1990, c.P.13, as amended, now
allows a municipality to control through site plans matters relating to
exterior design, including without limitation, the appearance of a
building, agreements may also include provisions regarding the colours
and building materials to be used in a development proposal.
Specifically, agreements may contain clauses stating that the colour
and the materials used in a development proposal shall be to the
satisfaction of the Town or its architectural consultant. Agreements
may also specify the colours to be used in a development proposal.
c Development proposals shall provide sustainable design and
implementation initiatives for site planning and layout, site works, and
landscaping. Suggested initiatives may include, but shall not be limited
to, the following:
i) provide healthy soil environments in sufficient quality and
quantity to support long-term survival and growth . of plant
materials;
ii) use water-wise and energy efficient plant materials. and
incorporate species biodiversity and greater use of native
'materials where suitable;
iii) utilize hard and soft landscape materials to mitigate at-grade
urbarl heat island effects;
iv) provide source control measures where possible to enhance
storm water quality and retention;
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v) provide and encourage use of cycling infrastructure and
pedestrian accessible infrastructure;
vi) provide and manage sustainable automobile infrastructure;
vii) encourage building layout/orientation and landscaping to take
advantage of daylighting, passive solar heating and shade for
cooling; and
viii) use permeable paving materials and green roofs when
appropriate and possible.
d All new industrial, commercial, institutional, mixed-use and residential
buildinflrs shall make best efforts to build to a minimum standard of
LEED Silver or the equivalent on another rating system. In the event
that this standard. cannot be met, the applicant shall submit to the
Town a completed checklist found in the Town's Site Plan Manual
which demonstrates how best efforts were made to meet this standard
and the measures being used in the proposed development to achieve
a sustainable design. This policy is intended to be used on an interim
basis until such a time that the Official Plan review is completed.
e Council shall have regard for the Region of York's Sustainable
Development Through LEEDTM Program, which allows proponents of
high density residential proposals meeting specific eligibility criteria
and incorporating various sustainability objectives to qualify for water
and wastewater servicing allocation credits equivalent to servicing
allocation for 20%, 35% or 40% of the total residential units within the
proposed development. This Program can be used by local
municipalities to reduce the required' allocation assignment and/or to
facilitate planning approvals for additional units on a site. This policy in
not intended to supersede the Servicing Allocation Policy of the Town
of Aurora and all of the criteria of said policy shall remain applicable.
In the case of a conflict, the Servicing Allocation Policy of the Town of
Aurora shall apply.
f The exterior design and sustainable design elements of a development
proposal as described herein shall be consistent with any applicable
design guidelines to the satisfaction of the Town of Aurora or it's
architectural consultant.
g Where design guidelines are not in place, the Town may retain an
architectural consultant · to determine the appropriateness of the
proposed exterior design of a building and design of the site plan in
general.
h In addition to the policies contained herein, development proposals
shall be consistent with Sections 4.4 (Site Plan Control) and 3.9 (Urban
Design) of the Official Plan. Furthermore, except where in conflict with
the policies contained herein, development proposals shall be
consistent with the policies of the Official Plan.
Council shall amend the Town's Site Plan Control By-law in order to
implement the policies contained herein.
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.
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EXPLANATORY NOTE
Re: Official Plan Amendment No. 70
Official Plan Amendment No. 70 (the "Amendment") has the following purpose and
effect:
This Amendment contains policies that will give the Town greater control over the
exterior design, and sustainable design elements such as landscaping of a development
proposal through the site plan control provisions provided for in the Planning Act, R.S.O.
1990, c.P.13, as amended. These increased powers were given to municipalities
through the enactment of The Planning and Conservation Land Statute Law
Amendment Act, 2006 -Bill 51. In order to take advantage of these increased powers,
official plan policies must be in effect relating to such matters. In addition, the Town's
Site Plan Control By-law will require amendment in order to implement the policies
contained in this Amendment.
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