BYLAW - Amend Zoning - 19920527 - 339592(St. Andrews Golf & Country Club)
BY-LAW NUMBER 3395-92
OF THE CORPORATION OF THE TOWN OF AURORA
BEING A BY-LAW to amend By-law No. 2213-78
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:
1. That the zoning category applying to the lands shown in dark outline on Schedule "A'
attached hereto and forming part of this By-law is hereby amended from
"Environmental Protection (E.P.) Zone" and "Rural General (RU) Zone" to "Major
Open Space (0-10) Exception Zone".
2. That Section 31 is hereby amended by adding the following as Section 31.7: "Major
Open Space (0-10) Exception Zone":
31.7.1 The lands shown zoned 0-10 on Schedule "A" may be used for a golf
course with accessory uses and buildings in accordance with the
following:
31.7.2
i) A temporary clubhouse building having a maximum floor area of 125
square metres and an associated outdoor terrace having a maximum area of
84 square metres may be erected for a period of no longer than three years
from the date of passing of this by-law.
ii) The existing building on the lands may be used for the storage of golf carts.
Zone Requirements
31.7.2.1 Lot Specifications With Buildings
In accordance with Section 31.2.1.
31.7 .2.2 Siting Specifications
i) Temporary Clubhouse Building
In accordance with Section 31.2.2 except that the minimum front yard
shall be 33 metres and the minimum sideyard shall be 58 metres.
ii) Existing Building
In accordance with Section 31.2.2 except that the minimum front yard
shall be 0. 9 metres.
31.7.2.3 Notwithstanding the provisions of Section 6.26, the minimum parking
required for the golf course and temporary clubhouse building shall be 135
spaces.
31.7.2.4 Landscaping strips shall be provided in accordance with the following:
i) Adjacent to St. John's Sideroad-no less than 6 metres.
ii) Adjacent to the east property line -no less than 3 metres.
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31.7.2.5 Notwithstanding the provisions of Section 6.27.7 the required landscape
strip adjacent to the daylighting triangle at the southeast comer of the lands
shall be 1 metre.
31.7.2.6 The provisions of Section 6.27.2 and 6.27.8(f) shall not apply.
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 13th DAY OF MAY ' 1992 .
. READ A THIRD TIME AND FINALLY PASSED THIS 27th DAY OF MAY , 1992.
, MAYOR L. ALLISON, CLERK
.· ,c .-JOWN OF AURORA THIS lS SCHOO'Jl~'j
THE REGIONAL MUNICIPALITY OF YORK TO BY-LAW No. 33 1'5-8
LOCATION: PARTLOT86 .
CONCESSION 1 E.Y.S.
SUBJECT lANDS REZONED FROM E.P. AND RU TO
0·10
I -,. TOWN OF NEWMARKET
MAYOR
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SCHEDULE nAn TO BY-LAW No. 33 9:.:::-9c? .
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Explanatory N'ote
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Re: Zoning By-law
By-law 3395-9;shas the following purpose and effect:
To amend By-law 2213-78 the Zoning By-law in effect in the Town of Aurora to rezone the
subject lands being Part of Lot 86, Concession I E.Y.S. from "Environmental Protection
(E.P.) Zone" and "Rural General (RU) Zone" to "Major Open Space (0-10) Exception Zone".
The amendment is to permit the development of the lands for a golf course and accessory
buildings/uses; including the erection of a temporary clubhouse building having a maximum
floor area of 125 square metres (1 ,345 square feet) and an associated outdoor terrace having
a maximum area of 84 square metres (904 square feet) for a period of no longer than 3 years
from the date of passage of the by-law, and the use of an existing barn for the storage of golf
carts. The amendment also requires provision for a minimum parking requirement of 135
spaces for the golf course and temporary clubhouse building.
The by-law includes specific siting provisions for the accessory buildings, including a
reduction of the minimum front yard setback for the existing barn from 7.5 metres (24.6 feet)
to 0.9 metres 2.9 feet) and provision for minimum landscape strips adjacent to St. John's
Sideroad and the east property line.
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()111\Fl> !MUE DATE
MAR -51993 Nj R 920362
oBfiAA'£il FOUotl '2.oQ I
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Ontario
Ontario Municipal Board
Commission des affaires municipales de !'Ontario
IN THE MATTER
the Planning
c. P.13)
OF Section 34(19) of
Act, (R.s.o. 1990,
AND IN THE. MATTER OF an appeal by
Klaus Wehrenberg against Zoning
By-law 3395-92 of the Town of Aurora
-and -
IN THE MATTER OF Section 34(25) of
the Planning Act, (R.s.o. 1990,
c. P.13)
AND IN THE MATTER OF a request by
. St. Andrews Valley Golf & Country
Club for ' a motion to dismiss the
appeal without a full hearing
C 0 U N S E L :
TOWN OF AUROR.J\
RECEIVED
'93 MAR -9 A10 :12
Ronald W. Chisholm, Q.C. -for St. Andrews Valley Golf &
Country Club
Stephen c. White for Town of Aurora
MEMORANDUM OF ORAL DECISION ON A MOTION delivered by B.A. HEIDENREICH
on February 17. 1993 AND QRDER OF THE BOARP
The· Board has b~fore it By-law 3395-92, amending By-law 2213-78,
which allows for the construction of a temporary clubhouse (that is
already built), outdoor terrace and 135 or more parking spots on the
tablelands above the Conservation Authority floodline, the site being
part of a 170 acre golf course of which 44.8 acres are in the Town
of Aurora. To provide for this facility, part of the Rural zoning,
where the clubhouse is sited., has been rezoned "Major Open Space (0-
10) Exception Zone• and the balance of th~ subject property, which
is the golf course located in the flood plain of the Holland River,
has also been rezoned from EP to 0-10. The golf course is a·
permitted use in both the EP and 0 zone and the Board heard·evidence
that the by-law amendment is essentially an administrative change
initiated by the municipality to permit the temporary clubhouse and
parking lot.
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R 920362
proposed amendment, and the provisions as outlined in the by-law
appear to confirm this.
Given this and the fact that there is no Official Plan amendment
or Site' Plan Agreement before the Board which are the appropriate
vehicles in this case for addressing the concerns of Mr. Wehrenberg,
the Board allows the motion and exercises its option under
Section 34(25) of the Planning Act, 199·0. '!'he. Board orders the
appeal is dismissed without a full hearing.
Counsel for the '!'own of Aurora requested the Board to award
costs in the order of $1,500. On hearing argument, the Board refused
the request without hearing Mr. Wehrenberg on the matter.
Mr. .Wehrenberg testified previously that he had been unable to attend
the public meeting and express his concerns at that time. He
indicated that he was not totally familiar with the planning process
but saw his right to appeal under Section 34(19) as his last legal
opportunity to redress the environmental issues that he raised in
opposition to the motion. '!'he Board feels that Mr. Wehrenberg's
conduct and the issues raised were reasonable, being issues
reflecting the broaaer public interest and not frivolous in nature.
'!'he democratic process and in this case through the vehicle of
Section 34(19) of the Planning Act, allows individuals to intervene
in the process to ensure that natural justice is served.
Unfortunately, those with concerns do not always choose the correct
avenue for their resolution. In this case the issues raised cannot
be dealt with through the by-law before the Board. So, while the
.
Board grants the motion to dismiss the appeal, it is not, however,.
prepared to award costs in favour of the municipality. '!'he Board so
orders.
B. A. HEIDENREICH
MEMBER
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