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BYLAW - Amend 2213 78 (Magna Golf Course) - 19940602 - 355194DTown of Aurora 100 John West Way Box No. 1000 Aurora, Ontario l4G 6]1 Tel: (905) 727-1375 AFFIDAVIT UNDER SECTION 34(22) OF THE PLANNING ACT (1990) I, Lawrence Allison, hereby certify that the notice for By-law #3551-94.D of the Corporation of the Town of Aurora, passed by the Council of the Corporation on the 2nd day of June, 1994, was given on the 3rd day of June, 1994, in the manner and form and to the persons prescribed by Ontario Regulation 404/83, as amended, made by the Lieutenant Governor-in-Council under subsection 18 of section 34 of The Planning Act (1990). I also certify that the 20 day objection period expired on the 23rd day of June, 1994, 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 24th day of June, 1994. La ence Allison, kM.C.T. Municipal Clerk (Magna-Golf Course) THE CORPORATION OF THE TOWN OF AURORA By-law Number 3551-94.D 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 and shading on Schedule "A" attached hereto and forming part of this By-law is hereby amended from "Rural General (RU-(3iii)) Exception Zone" to "Rural General Holding (H)RU-8 Exception Zone" and "Environmental Protection (EP-9) Exception Zone". 2. That Section 29 is hereby amended by adding the following as Section 29.4.11 "Rural General RU-8 Exception Zone". 29.4.11.1 Uses Permitted An eighteen (18) hole private golf course constructed by Magna International Inc. including the following accessory uses: one clubhouse building including dining and banquet facilities, bar/lounge, fitness facilities, indoor swimming pool and meeting rooms pro shop golf practice area including putting and chipping greens driving range · · tennis courts outdoor swimming pool cart paths, walkways and trails parking area maintenance buildings storage facilities located within a main or accessory building or structure irrigation facilities a maximum of one residence for a caretaker or superintendent of the golf course. 29 .4.11.2 Zone Requirements 29.4.11.2.1 Lot Specifications Lot Area (minimum) Lot Frontage (minimu111) along Leslie Street 85.0 hectares 800.00 metres ' ' :l -2 - 29.4.11.2.2 Lot Frontage Along Reserves Notwithstanding any provisions to the contrary, where a 0.3 metre reserve is placed along a lot line that would otherwise be defined as the lot frontage, such lot line along the 0.3 metre reserve shall be deemed to be the lot frontage. 29.4.11.2.3 Siting Specifications Notwithstanding any provisions to the contrary, all buildings, including accessory structures, shall be setback a minimum distance of 9.0 metres from any lot line. 29.4.11.2.4 Building Specifications 29.4.11.3 29.4.11.4 29.4.11.5 29.4.11.6 29.4.11.7 29.4.11.8 Notwithstanding any provisions to the contrary, the maximum ground floor area of the club house shall be 5000 square metres and notwithstanding the provisions of Section 6.2.4, the maximum combined floor area of all accessory structures shall be 2500 square metres. The maximum height of all buildings and structures shall be 10 metres. Stream Bank Setbacks Notwithstanding any other provisions to the contrary, no use pennitted in Section 29.4.11.1 shall be located closer than 30 metres to any stream bank of the tributaries of the East Branch of the Holland River traversing the site or at a lesser distance as may be further determined and approved by the Ministry of Natural Resources and Lake Simcoe Region Conservation Authority and set out in an executed site plan agreement. Parking Space Requirements Notwithstanding Section 6.26, the minimuiTI required number of parking spaces shall be 200 spaces. Curbing Notwithstanding the curbing provisions of Section 6.27 .2 all parking areas and access driveways required in accordance with the provisions of this by-law shall be demarcated using a design treatment approved in an executed site plan agreement. Except as specified in Section 29.4.11 above, all other provisions of By- law 2213-78 shall apply to lands zoned RU-8. Holding Prefix Notwithstanding the provisions of Section 29.4.11.1 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)RU-8 on Schedule "A", use any lot or erect, alter or use any buildings or structures for any purpose except those uses which existed on the date of passing of this by-law. Furthermore, no extension or ettlargement of the uses which existed on the date of passing of this by-law shall occur, unless an amendment to this by-law is approved by the Council of the Corporation of the Town of Aurora and comes into full force and effect. Removal of Holding Prefix Prior to the passing of a by-law to remove the "(H)" Holding prefix from 29.4.11.9 - 3 - the lands zoned (H)RU-8 or any part thereof, a site plan agreement shall be executed between the owner and the Corporation of the Town of Aurora in accordance with By-law 3217-90 (or any successor thereto), and the provisions of Official Plan Amendment No. 8 shall have been complied with. Upon removal of the "(H)" Holding prefix from the lands zoned (H)RU -8 pursuant to Section 36 of the Planning Act, RSO 1990, or a successor thereto, the provisions applicable to the said lands shall be as set out in Sections 29.4.11.1 to 29.4.11.6 inclusive. 3. That Section 30 is hereby amended by adding the following as Section 30.3.10 "Environmental Protection (EP-9) Exception Zone". 30.3.10.1 30.3.10.2 30.3.10.3 30.3.10.4 30.3.10.5 30.3.10.6 Uses Permitted wetlands woodlots conservation wildlife areas private golf course areas, trails, boardwalks and irrigation facilities only where the Ministry of Natural Resources has provided their approval for such use and it is specified in an executed site plan agreement Zone Requirements No buildings or structures except as may be permitted by Section 30.3.10.1, shall be erected in this zone whether or not ancillary to the uses permitted. Calculation of Lot Area and Minimum. Setbacks Notwithstanding any other provisions to the contrary, the area of a lot, or part thereof, situated within an EP-9 zone may be used to compute the minimum lot area and minimum setbacks required by the RU-8 zone provided all other provisions of the respective zone category are complied with. Notwithstanding Section 5.3 and any other provisions to the contrary, the extent of the EP-9 Zone shown on Schedule "A" attached hereto, is shown in general terms only. The precise boundary limits of the EP-9 Zone shall be the limits as defined through a stake-out of the wetlands and wood lot areas as surveyed and approved by the Ministry of Natural Resources. Notwithstanding any other provisions to the contrary, the lands zoned EP-9 shall require an approved, executed site plan agreement in accordance with By-law 3217-90 as amended, or any successors thereto. Except as specified in Section 30.3.10 above, all other provisions of By- law 2213-78 shall apply to lands zoned EP-9 herein. 4. 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 provision, the By-law will take effect from the day of passing thereof. - 4 - READ A FIRST AND SECOND TIME THIS 2nd DAY OF June, I994. READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF June, 1994. JWfl;r= IWfT J IIIMIJIJf - .,.,..,... "'"" -,-.o::;; -----,-;:,•;•:;:cc,C'I:~;:~-,<J'C'O~·'"''~"'··,••" • THIS IS SCHEDULE "A" TO BY-LAW NO. Sr-> J.qt();:l 2 ---·-- MEA-I.IIM ll.o. ~~ _ • _ PART 7 : -~ :v;-;:.. l m• ., -~-:... DR : -... 037 ho. -\ w -P= -----...jfl, PART 8 LOT - _,. LOT LOT -• ~ ,,.,. ~ - PART 7 AREA-3.782: ll.a. PART 1 AREA-zt.m ha. 0 ~ .... :-': .-,.; Yi V' ::;; :,.:: ~ 1M 20 /.9 I (H)RU-8 I I ..., (H)RU-8 /7 I I TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: PART OF LOTS 17, 18, 19 CONCESSION II SUBJECT LANDS REZONED FROM RU-3iii E,~,J X~d~~~:-9 -.. - - ~ SCHEDULE "A" TO BY -LAW NO. ____ _ 11DrD & -CB1 LlD. ONTAIIO lAND SURVlYO&S tal --n. Wft .. __,., -U'F--7'11, .... ..,._ c (Magna Golf Course) Explanatory Note Re: Zoning By-law 3551-94.0 By-law 3551-94.0 has 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 Lots 17, 18 and 19, Concession II, located south of Wellington Street East on the west side of Leslie Street, comprising Part 4 of proposed draft Plan of Subdivision 19T-94015, from "Rural General (RU-3(iii)) Exception Zone" to "Rural General Holding (H)RU- 8 Exception Zone" and "Environmental Protection (EP-9) Exception Zone". The amendment is to permit the use of the lands for a private golf course and accessory uses, and to restrict use of the wetland and woodlot areas. The Holding (H) prefix applying to the RU-8 zone must be removed prior to development, requiring public notice but not further opportunity for appeal. The By-law provides that the (H) prefix not be removed until Council is satisfied that the necessary agreements have been executed and that the requirements of Official Plan Amendment #8 have been met. Prior to the removal of the Holding prefix, the (H)RU-8 lands are restricted to the uses existing on the date of passage of the By-law. The provisions of the RU-8 and EP-9 zones are summarized below. The RU-8 zone: • permits an eighteen hole private golf course and accessory uses including one clubhouse building with dining and banquet facilities, bar/lounge, fitness facilities, indoor swimming pool and meeting rooms; pro shop; golf practice area including putting and chipping greens; driving range; tennis courts; outdoor swimming pool; cart paths, walkways and trails; parking area; maintenance buildings; storage facilities located within a main or accessory building or structure; irrigation facilities; and, a maximum of one residence for a caretaker or superintendent of the golf course; • requires a minimum lot area of 85 hectares (210 acres) and a minimum lot frontage along Leslie Street of 800 metres (2,625 feet); • clarifies that a 0.3 metre (1 foot) reserve along a lot line shall not affect the definition of the lot frontage; • requires a minimum building setback of 9 metres (29.5 feet) from any lot line; • restricts the maximum ground floor area of the clubhouse to 5000 square metres (53,821 square feet) and the maximum combined floor area of all accessory structures to 2500 square metres (26,911 square feet); • restricts the maximum height of all buildings to 10 metres (32.8 feet); • requires a minimum setback of any use from any stream bauk of the Holland River tributaries of either 30 metres (98.4 feet) or a distance determined by the Ministry of Natural Resources and Lake Simcoe Region Conservation Authority and set out in an executed Site Plan Agreement; • requires a minimum of 200 parking spaces; and, • · requires curbing and design of the parking area and access driveways in accordance with a Site Plan Agreement. The EP-9 Zone: • permits wetlands, woodlots, conservation and wildlife areas. Private golf course areas, trails, boardwalks and irrigation facilities and associated structures are permitted only where approved by the Ministry of Natural Resources and specified in an executed Site Plan Agreement; • permits the EP-9 lands to be included in calculations of the lot area and setbacks of the RU-8 Zone; • requires the Ministry of Natural Resources to approve the precise boundary limits of the EP-9 Zone; and, • requires the execution of a Site Plan Agreement. GENERAL LOCATION OF ZONES REG:CWAL NCWJ -. W-~-' . --:!-?t;: _-;::r-: ·'' 20 PART 1 -~~ :...o;-/.9 I (H)RU-8 - :...or .. , (H)RU-8 !...OT /7 I LOCATION PLAN 23 22 ·-1 - 21