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BYLAW - Amend 2213 78 - 19850521 - 275185-' BY-LAW NUMBER :1.7 ~~-JJ'"" OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA BEING A ZONING BY-LAW l WHEREAS it is deemed advisable to amend By-law Number 2213-78. \:_: )' .. NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows: I. That Section 6.26 is hereby deleted and the following added in its place: The parking space requirements of this by-law shall apply in all cases wherever a lot or building is used or is converted for any use and unless stipulated elsewhere in this by-law, one (1) space having dimensions of 2.7 metres by 5.3 metres together with adequate provisions for maneouvering space or driveway purposes as follows: 90 degree spaces 7.4 metres ,, .. ; .. ~ 60 degree spaces 5.2 metres 45 degree spaces 4.2 metres 2. That map number 3 to Schedule 'A' is hereby amended by changing the zoning category applying to the lands shown in dark outline from "M2- General Industrial" and "0-Major Open Space" to "!-Institutional". 3. No part of this By-law will come into force until the provisions of the Planning Act have been complied with but subject to such provisions the by-law will take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS __ _b_~--DAY OF («i' -------~/_7_ -----' 1985. \h: : -,I'"J'i:.: '·J ;; ~ ; . -.....;.· READ A THIRD TIME AND FINALLY PASSED THIS -«~-DAY OF 'r/1 f'J • I • 1985. --rr--~-------· _j{+-i&_; CLERK ····-~ ·-····--~--~·-·--·---------···---~·-~-~--- THIS IS SCHEDULE 'A' TO BY-LAW No. cK,/;5"/-if~ PASSED THIS ,.. 4/ DAY OF -~t;ll-...._,,___ 19 ~ SCHEDULE 'A' TO BY-LAW No.--- rH£ R£6/0NAL MlJN!CIPALITY OF YORK -PLANNING O£PARTM£NT AFFADAVIT UNDER SECTION 34(20) OF THE PLANNING ACT (1983) I, K.B. Rodger, hereby certify that the notice for By-Law 2751-85 of The Corporation of the Town of Aurora, passed by the Council of the Corporation on the 21st day of May ,1985 was given in the manner and form and to the persons prescribed by Ontario Regulation 404/83, made by the Lieutenant Governor-in-Council under subsection 17 of section 34 of The Planning Act (1983). I also certify that the 35 day objection period expired on June 25th, 1985 and to this date no notice of objection to the by-law has been filed by any person in the office of the clerk. Dated this 27th ------~~--------------- day of -~""""----J_· un'"'' -'-e_,,--_____ , 1 9 85 • ~ R 850312 ""-" Ontario TOWN OJ=' AURORA Ontario Municipal Boaralc n F r·;:: i v F iJ '86 i'IAR -4 ;~, 9 :4 7 IN THE MATTER OF Section 34 of The Planning ~· 1983 AND IN THE MATTER OF appeals by Warren Campbell, B. Ka P. Douglas Marsh>· Julius rgaret Degen e in respect of 1ng By-law 2750-85 of the orporation of I D-70 C 0 U N S E L : Wenda Venson and B. Stratten (student-at-law) John A. Geisler, Q.C. -for -for Town of Aurora Warren Campbell, Margaret Degen et al. ORAL DECISION delivered by A.J.L. CHAPMAN on October 25, 1985 The matter that has concerned the Board over the last two days h&:; :,cen the appeals by several citizens of the Town of Aurora concerning By-law 2750 for 1985. At the opening of the hearing, Mr. J.A. Geisler, Q.C., who represented all of the appellants in the matter, made a motion that the Board quash By-law 2750 for 1985 or, in·the alternative, refer the matter back to Town Council to permit more input from the public on the ground that no meaningful general meeting of the public on this by-law had been held. After hearing argument, the Board denied that motion, firstly because there is no power in the Ontario Municipal Board to quash by-1 aws, that's the function of the courts, not administrative tribunals such as this Board. ,,,... Our powers in matters such as this are found under Section 34(27) of the Planning Act and secondly, we dismiss the motion on the grounds that a public meeting had been held on the 31st of October, 1984 and there was no suggestion from anyone that any person entitled to notice of that meeting had not been served with that notice. There was no suggestion from anyone that provisions of the Planning Act had not been complied with. The only allegation that was made was that persons who now own land in the area had - 2 - R 850312 at the time of the public meeting not been aware of it, probably because they had not been landowners at the particular time, but the point is that there was no allegation that the Town had done anything wrong in holding its public meeting or in proceeding the way that it had. That will probably always be the case where people move into an area and buy land in an area after the event, I don't know of any way around it. The Board was satisfied at the time that some representations on this by-1 aw had been made to council, both before and after the passing of the by-1 aw and certainly it was obvious that the Board was going to hear the concerns of the citizens at this particular hearing. On the authority of the Brampton case which holds that as long as the concerns are eventually determined by a body having <tecision-making powers, that no harm was done if you missed out on one or two of the meetings. Accordingly, the Board denied the motion and proceeded to hear the matter on its merits. Now I want to say just a word or two, mainly to the people who are here, who may not be familiar with the way we make our decisions. We don't make our decisions like Kit.g Solomon did ii1 the Bible, so-called wise decisions because to do that you would need the wisdom of Solomon and we don't go about the Province making decisions with our hearts, what we try to do is to get the facts from the evidence and to base our decision on the evidence and any reasonable inference that can be drawn from that evidence and on nothing else. Now having said that, this by-law as we all know changes the zoning on a pa-rce 1 of 1 and from Ho 1 ding to loca 1 Commercia 1 • The size of the parcel affected is about one-half acre and it is located at the south-east corner of Mcleod Drive and Aurora Heights Drive in the Town of Aurora and both those roads, Aurora Heights and Mcleod are described in the Offici a 1 Plan as being co 11 ector roads. The Board understands that Mcleod Drive is in the process of being built, you can drive on it apparently but it is not yet finished and Aurora Heights Drive which is an east-west road wi 11 be constructed in the near future. It is partially constructed but not in the immediate area. Now the Official Plan which, of course, is a very important document in a planning sense, has been approved by the appropriate authorities, has in it on page 19 of Exhibit· No. 7, two sections which I wish to.read at this - 3 - R 850312 time and they are found under the heading "Local Commercial Uses Within Urban Resi denti a 1 Areas" and that's exactly what this one-half acre is, it's a one-half acre within an urban residential area and what is being asked is to zone it Local Commercial. Subsection 1 of Section c. on page 19 reads as follows and I'm quoting: "Local commercial uses permitted shall be limited to retail or service stores of a convenience type only which provides for the daily shopping needs of the. immediate residential area." and Subsection 2 of Section c. on the same page: "The location of local commercial uses shall be restricted, where possible, to arterial or collector roads and not local roads with the indiscriminate scattering of these uses being d1scouraged. Local commercial uses shall be encouraged to locate in groups and preferably where access to a major road is assured." Now this site 1s, as we have mentioned, located at the south-east corner of the intersection of two collector roads with easy access to arterials and in the Board's view, the site complies completely with the two sections which I have just read into the record. Now 1t was the opinion of Mrs. Seibert, the planner with the Region of York who provides services to the local municipality of Aurora and who has been connected with this municipality for a good many years, certainly predating the existing Official Plan and the author of this zoning by-law, advised the Board that in her considered professional opinion, the site minimizes its affect on adjacent residential uses. She pointed out that to the north was Aurora Heights, to the west Mcleod Drive, to the south Lot 1, a residential lot which had not yet been sold and was still in the ownership of the land developer, or the builder, it's Lot 1 on Plan 65M2247, a copy of which was filed as Exhibit No. 10 and to the east of the site was a public park on which, of course, nobody would be living. Mrs. Seibert also pointed out that the site was subject to site plan control, Section 40 of the Planning Act and I wish to read into the record because we both think that all these sect1ons are important. Subsections 3, 4, 5 and 6 of the Official Plan. Section 3 reads as follows: "Local commercial uses shall be so sited so as to minimize their effect on adjacent residential uses. Provisions shall be made to preserve land for buffer planting or screening between commercial uses and adjacent residential areas. Adequate off-street parking and off-street loading facilities shall be provided." · ) - 4 - R 850312 and of course the reason for mentioning that the site was subject to site control was that under the provisions of site control all those matters of buffering, screening, parking, loading, are all looked after, as indeed are a great number of other matters including the character of the building and its roof line and ability to make it blend in with the neighbourhood. Subsection 4 "Local commercial uses may be located on the same lot as a residential use. The buildings containing the local commercial uses shall be designed and lighting and signs arranged so as to blend in with the character of the adjacent residential uses. Subsection 5 "The floor area of any local commercial use shall not exceed 185 square metres. Preferably, two or three local commercial uses should be grouped with a maximum of 550 square metres of commercial floor space permitted in any one group." Given the parking requirements in the by-law and the size of the site, there is no way you will approach those maximums with this particular development. Local commercial uses shall be included in a separate zoning categor_y• in the implementing zoning by-law. Now that is exactly what is being proposed here. It was the Board's view, having reviewed its notes, that the evidence of Mrs. Seibert that we have referred to and discussed was not shaken in cross-examination in spite of a long and skillful cross-examination and it was certainly not contradicted because she was the only qualified planner to give evidence at this hearing. It was also her considered opinion that this proposed by-law conformed to the Official Plan and Mrs. Seibert referred us to the Secondary Plan for Aurora West which covers this area and which has a section in it under the heading of Commercial, again, I wish to read it into the record because it is important. It's found at pages 8 and 9 of Appendix 'A' to the Official Plan, it's part of the Official Plan and was approved by the Municipal Board in 1979 and part of Exhibit No. 7. Section 2 "Commercial" and I am quoting: "It is proposed: (a) That a local commercial centre of approximately 1 hectare (2.5 acres) be located north of Wellington Street at the intersection of Aurora Heights Drive and the north-south residential collector road." , ..... - 5 -R 850312 Now, the north-south collector road is Mcleod and that's exactly where this by-law puts it. It goes on to say "Although Schedule A indicates the south-west corner" and that is an obvious error because when you look at Schedule A, you find its at the south-east corner, not the south-west, but it makes no difference. It does say "Although Schedule A indicates the south-west corner, the centre may be located elsewhere in the vicinity without an amendment to this Plan" and that means to the Board that back in 1979 after a Municipal Board hearing, it was decided and confirmed that at sometime in the future there was going to be a neighbourhood, commercial or convenience commercial located at the intersection of what is now Mcleod Drive and Aurora Heights Drive for the convenience of the people in the neighbourhood. Subsection (b) reads "That the local commercial centre may include such uses as a food store, a variety store, personal service shops and other similar uses which cater to the day-to-day needs of the residents of the adjacent area. Subsection (c) which we will d~al with later says "That if it is determined that the local commercial centre is not required, it may be used for the adjacent Urban Residential land use without amendment to this Plan" and subsacti :;n (d) "Th.at regulations regarding buffering, landscaping, setbacks, parking and other similar matters be established in the Restricted Area (Zoning) By-law", that is, at the site plan control stage. Now it was as I have said, Mrs. Seibert's opinion that this by-law complies, as it must, with xhe Official Plan and the Secondary Plan and the Board does not find that that opinion was shaken or contradicted, indeed, we don't know how it could be because it has been a long time since we can recall anything that fitted in an official plan as closely as this does, even if you looked at Schedule A, talking about the south-east corner of the intersection. The evidence was that the present site started out, not as 2.5 acres as would have been permitted by the Official Plan but something of about 1 acre but it was cut down from .4 hectares which is the term we use now, I guess, to .2 hectares which is about one-half a'n acre. It was done so at the request of the plannning department because in their judgment they felt one acre perhaps was too large. Mrs. Seibert also gave it as h~r considered - 6 - R 850312 professional opinion that what was before the Board represented good planning. She pointed out that when Section A of the Aurora West Secondary Plan, which is roughly the land north of Wellington Street West and shown on Exhibit 8 filed in these proceedings was completed and it was expected that it would be completed within the next two or three years, that there would be some 1,300 homes in that area. The Board does not accept the persons per household figure of 4.3 but whatever it is, even if it is down as low as 2 persons per household, you have something like 2,600 people in that area and the evidence was, both from Mrs. Seibert, based on knowledge which she had received as a planner and on the evidence of Mr. McGoran who is the real estate manager for Beckers Milk Stores, that 500 homes was all that was needed to support a local convenience store located in the midst of 500 homes. It made sense to Mrs. Seibert to pro vi de a 1 oca 1 service of this nature to service these people who would be living in the 1,300 odd homes. She pointed out that the road patterns and the walkways which had been designed all tied in very nicely with allowing people to proceed by foot or motor car to this particular site. When pressed by counse 1 for the appellants, she was only atla to th~nk of one other place in the whole of Section A of the Aurora West Plan ·which would do as a site for local commercial and that was in the vicinity of Orchard Heights and the north-south road up in the north but that was not quite as central and more importantly, homes had already been built up around it so to insert commercial at that time might not be as desirable as it is where only one lot and that lot unsold abuts the commercial at the present site. Again, as far as we were able to find out, this opinion, that it was good planning was not shaken and it was certainly not contradicted for reasons which I've already indicated. The project manager for the development, Mr. Paul Austin, and Mr. McGoran, the man from Beckers, both gave it as their opinion, based on their expertise and their discipline, that this project was viable and most importantly Mr. McGoran whose work takes him all about the Province supported the view of the planner that this situation was not something that was unique to Aurora where you have a local convenience store in the middle of a residential community, this was something that was found in numerous places throughout Ontario in today's modern planning where you ~ave, not as ···-~ - 7 - R B50312 it used to be, 1 ittle small areas that come on-stream and the owner puts a plan of subdivision on and then sells off twenty-four lots or something like that but where you plan a whole area and put the school site and the church site and the neighbourhood shopping centre and this, that and the other thing, and its made possible today because of the provisions of Section 40 of the Planning Act which allow for site plan control which can make places blend in with the character of the area and its not unique to Aurora on the evidence before the Board and a 1 so on the Board • s experience in matters of this nature throughout the Province. Now three neighbours gave evidence in opposition and the location of their homes can be seen on Exhibit No. 13. They reside on Lot 12, Lot 111 and Lot 144 and if you look at Exhibit 13, the Board or the witnesses marked on their lots those numbers 12, 111 and 144. None of them are particularly close or, in our view, when the site is fully developed, within view of the proposed commercial area. The nearest one would be Lot 144 which is on the south side of Mcleod Drive. Their concerns were firstly, and they felt this as strongly as I think they felt anything, that they had been mislead by either the builder or the rea 1 estate agent acting for the 1 an downer or the deve 1 oper, someone had mislead them in a number of respects in that they were of the view that there was going to be no access from Aurora Heights Drive and the 1 ands to the north down into their area and that certainly there was going to be no commercial south of Aurora Heights Drive. They honestly believed that. The Board does not know if they have any legal complaint against the persons that sold them the land or built them their houses or anything like that, the point is this, its not a matter that concerns the Board. The Board is here on planning matters, not on settling disputes between homeowners and the people they bought the property from. We must point out in fairness that this site as a site for possibly commercial development has been known and no one has made a secret of it, it has been in the Official Plan since 1979. There is no suggestion that we could find from our notes that anybody had bothered to inquire from the Town and we feel reasonably certain, had they inquired of the Town what was planned for areas that they didn't know about to the north or east or wherever it might be, they wouJ d have been - 8 - R 850312 cheerfully told. I also note that Mr. Levine who is the salesman was on the witness stand, didn't stay too long but was cross-examined and no questions were asked of him in cross-examination that would explore that area· any further but that was probably done because the Board had indicated that really it wasn't terribly concerned and while the Board can understand people being upset, that either they were mislead or misunderstood or whatever happened, Board or the Town. it is not a matter that concerns the Ontario Municipal That was a big concern of the citizens and I hope I don't have to say it again, that it is simply not a matter that the Board has any jurisdiction to deal with. Now their second concern was based on past experience of strip commercia 1 development or neighbourhood shopping c;;entres or neighbourhood convenience stores in other areas and that, for them, at least, had not been a pleasant experience. They spoke about litter and about noise and about the sites having been turned into hangouts by perhaps undesi rab 1 e characters and one 1 ady referred to them as sort of looking disgraceful or being disgusting looking or something of that nature. The Board notes that all of those sites were much larger sites than the one pr'llposed here. None of them could be considered as a neighbourhood convenience store located in a nice residential neighbourhood, they were all on arterial streets in different types of neighbourhoods than this one and it would seem a fair inference to be drawn from the evidence that all of them were perhaps developed in the days before site plan control was applied or if it was applied, applied well. The Board is not prepared to make the assumption that a neighbourhood convenience store need attract undesi rab 1 e people, particularly when it would seem to us that the people that would be going to the store would be people from the area that surrounded it. It is not 1 ike a store that is on a busy thoroughfare 1 ike Yonge Street where perhaps young peop 1 e from a 11 over town and a 11 kinds of peop 1 e from a 11 over town go to. It's a 1 ittl e store in the centre of a resi denti a 1 neighbourhood used by the people in the neighbourhood. There is no reason for someone who lives over in the east or in the Yonge Street area where Exhibit No. 23 clearly indicates there are all kinds of convenience stores, there is no need for them to drive all the way out to the west to go to this one. Even if, in the Board's view, it is not like the reasons which I have just touched on, there becomes a problem with litter or a problem with noise, there are by-laws to attend to those things and people whose duty it ···-~ (-: - 9 - R 850312 is to look after it. The third concern of the people that gave evidence in opposition was that there would be a loss of value to their properties by the location of this neighbourhood commercial. There wasn't a bit of evidence from anyone qualified to give that kind of opinion, credible evidence, that that would be so. No studies of any nature had been done. Mr. Briskin who resides on Lot 111, that's on the south side of Murdoch, he gave evidence, he is a banker from the west, from Calgary, who quite frankly the Board felt that he was rather inclined to the view that the Town of Aurora ought to be grateful for his expertise .but he's a banker and an economist and there was no suggestion that he has ever appraised properties or has any qua 1 ifi cations for appraising property and the Board does not accept his evidence •••• there was just no evidence before us at all, from any qualified source, that would lead the Board to accept the fact that that eonvenience store will lower property values. I know, it's a strange thing, I'm not far from Newmarket and I would have bet all the tea in China that to live under a water tower that had something like, I forget, a million gallons of water in it, would have put a lot of people off •••• ! certainly wm:.ldn't have bought a house under a water tower and yet t~e evidence was, up there on a land expropriation case that I had, that there were just as many people who would buy lots right underneath the water tower as wouldn't so for every fellow like myself and the water tower, like Mr. Campbell and the convenience store, there are all kinds of people out there that it wouldn't bother at all. Now those are the kind of hard facts that you have got to get before you can make a ruling of that nature, you just can't do it because some fellow comes in and says "well, I feel it's going to lower my property value". Those are perceived fears. Anybody can stand up and say I'm worried, but often those fears don't amount to anything. There was, and again, it's not strong evidence by any stretch of the imagination but for what it's worth, Lot 147 which is located in Phase 1 just about as close as any 1 ot can get to this convenience store was so 1 d in August of this year for $139,000.00 and it had previously, or houses and lots like it, had been sold, I gather, the year before, for $135,000.00. I don't regard that as great earth shattering evidence but it is there to indicate that for every opinion honestly held by the objectors that their property's going to be lowered, it really can't find favour with the Board unless there is something like a little harder facts than just as the lawyer for the Town -10 -R 850312 put it "gut reaction" and in the same field we put the ·petition which was filed as an exhibit which Mr. Campbell collected, it has a number of names on it and saying that they didn't want commercial. Now as we mentioned during the course of the hearing when we accepted it and marked it, it was a question of what weight you put to it because very often people sign petitions for all kinds of reasons, sometimes just to get rid of the man at the door and I'm sorry to have to say but having watched Mr. Campbell on the witness stand and. observed what he said and the way he said it, very carefully, I'm convinced that he feels ~o strongly about having been, I use the word figuratively, conned into buying his lot ••••• he feels he was mislead, he feels so strongly about that that we cannot help but feel that some of that fighting spirit of the Campbell's must have been generated to people he was canvassing and as a result we do not give the petition a great deal of weight. We realize that some people have taken the time away from work to come here and to give evidence and others just to come here and sit and that's a lot more than just signing your name on a petition at the door. Finally, there was the ,argument of Mr. Geisler who is obviously a competent counsel and I would judge an old war-horse in court room battles somewhere along the line, by the way he conducted himself and he will know what I mean when I say that sometimes when you haven't got too many bullets to fire, you tend to make a technical argument and that's exactly what he did. Technical arguments, I suppose, are important in murder cases but we are not in a murder tria 1 ,. not even in a court room, we are here on a planning matter which shouldn't be decided on an argument based on Section 2c of the amendment to the Official Plan and an interpretation of Section l(h) of the Planning Act, amongst other things. We simply read into that section, that if it is determined that the local commercial centre is not required, it may be used for adjacent urban residential land uses without an amendment to this Plan to mean this: This land is designated by the Secondary Plan for commercial purposes but should it be determined by the landowner who has a say in these matters, you know, or by the municipality that it is not needed perhaps because there is another site just down the street that is already serving the purpose or as we often find in school sites, you have land designated for a public school and it turns out-that a 11 9f the peop 1 e in the area are separate schoo 1 supporters so the schoo 1 ···-~ -11 -R 850312 becomes redundant •••••• it's not necessary to go to the expense and time and trouble of an official plan amendment ••• all you have to do is to make it conform with the adjacent land uses, in this case, since it was clearly residential, some kind of residential use would have been satisfactory. Now that's all that section means, it's quite common to official plans and official plans are defined in Section l(h) and we agree with the counsel for the municipality that when the official plan was considered they took into account the relevant social, economic and environmental matters in constructing their official plan. Mr. Geisler also made an argument that if you were in a situation where land was registered and there was land abutting it that had not yet been zoned, then that zoning ought not to take place until all plans in the area had been registered and everybody had a chance to have their say about it. His argument was really twofold. Firstly, that if you hadn't registered any plan, then the zonings were there for everybody to see, that was alright but if you had registered a plan and there was land to the north of it and the Z0"1ing had not been determinecl, then that ought not to be ctealt with until all the land to the north had been developed so as to give as many people as possible input into what the use of the land should be and I suppose that's one way of looking at it but the way that the Planning Act and the Board usually looks at it is simply this that you must choose the 1 and use before you register the plan and that is so today because no registered plan is on the commercial area. That .doesn't mean that once you choose the land use, it can never be changed, nor does it mean that if there is no land use on the land to the north which is not registered it can never be changed for land use assigned to it. What is required is that a man can do with his property as he jolly well likes providing what he does with it does not have any unacceptable adverse impacts on his neighbours. Now that means that that land zoned Holding which everyone knew or could have found out meant a possibility for commercial development which everybody knew or could have found out from looking at the Official Plan which tells what the municipality perceives for that area during the life of the Plan. That land could be zoned Commercial but before it's done, the neighbours have to have input, have to be able to express their concerns and if they can demonstrate adverse unacceptab 1 e impacts, then the zoning doesn't take p 1 ace ••••••• if ' --· --------~---~=-~~~~'-"'""'-'~'-'-'-"~ ·•~> -,• .'-· ·.:~ .. ""''"~o>>'-~·--~"-~~---~':'OA ___ , __ ~;--•~--•-••--·~''"" o<,~,, ••. ~ ... ,.,"!'?~""""'""'k~--·"·"''> ''"~"-'>'•~··~-----0 ... , ,• -12 -R 850312 they can't, then the zoning change goes. Now the Board has found in this particular case that the concerns expressed by the citizens fell into those three groups, one, just doesn't like the way the matter had been sold to them, two, the perceived fears of what might happen based on their experience in the past and three, their gut feeling about the value in property and the Board has found that none of those represent unacceptable adverse impacts because they are perceived, they can be prevented and even if they took place up in that area they are not going to affect, say Mr. Briskin who admittedly was down here on, south of Murdoch; Mrs. Degen might well have more problems with people using the park than she ever would being the distance that she is •••• I have a note of it but I can't put my finger on it ••• from the commercial area. The point is that the people that might be impacted, the owner of Lot No. 1, will know that there is going to be commercial on that property, if he doesn't want to live next door to it, he doesn't have to buy it and if there is someone out there that isn't worried about it, they have been warned, they have been red-flagged and they don't have to buy it. In short what I have been trying to say is that we think the better view is to zone it now so that the people who wil1 abut it or who will live across the street from it will know about it. If they don't like it, they don't have to buy there. The people down to the south who have bought thinking there was going to be no co11111ercial in the area, for the 1 ife of us, we are unable to find any unacceptable adverse impact on them. Mr. Campbell had concern about his daughter. If the children, and they do want to congregate somewhere, they're going to congregate, whether it be at the corner of Finch and Pharmacy or in Aurora or Timbuctoo. With great respect, we have reviewed everything carefully and we can find no merit, while we appreciate the concerns, we can find no merit in the appeals and accordingly we are going to dismiss them all but we are also going under the authority of the Board's power to amend the by-law, we are not going to ask council to do it because under the new Act, I think that sends you all around the merry-go-round again of circulation, etc., but the Board can amend it of its own volition and the Board does so only those cases where they amount to housekeeping items, not where it's a material change, that will have to be circulated but thanks to the work of the counsel for the appellants, it was discovered that there was an error in the by-law and that -13 -R 850312 is in paragraph 1, the word "four" should be "two" and it should read that Map two of Schedule A is hereby amended, etc., so that the Board is making that amendment of its own vo 1 i ti on. The second amendment that the Board is making of its own volition is to amend Schedule A of the By-1 aw by inserting in the 1 ands to be, in the little square, demarking the lands to be rezoned under the letter and number c.l, .2 hectares or whatever the short form is for hectares, plus or minus, more or less, because this by-law, in our view, is deficient in that it doesn't limit the size of the area to be rezoned to what is intended, ie •• 2 hectares. Bearing in mind, Section 5 of the General Zoning By-law, the elasticity clause, you might be able to stretch a hectare out of this and we don't want that, so that amendment is also made. counsel. Is there anything else a.t!..~.~ r . / ~ - A\ J. L. CHAPMAN MEMBER JJ;;,;- MEMBER