BYLAW - Amend By law 2213 78 (East West Maintenance Company Ltd) - 19960402 - 373096D(East-West Maintenance Company Limited)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3730-96.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 vertical
hatching, on Schedule "A" attached hereto, is hereby amended from "Rural General (RU)
Zone" to "Rural Residential (RR-6) Exception Zone".
2. THAT Schedule "A" and Schedule "Q" attached hereto are hereby declared to form part
of this By-law.
3. THAT Section 8 is hereby amended by adding the following as Section 8.8 "Rural
Residential (RR-6) Exception Zone".
8.8.1 USES PERMITTED
8.8.2
8.8.2.1
8.8.2.2
8.8.2.3
In accordance with Section 8.1 hereof.
ZONE REQUIREMENTS
Lot Specifications
In accordance with Section 8.2.1 hereof.
Siting Specifications
In accordance with Section 8.2.2 hereof. ·
Notwithstanding the above, on the lands shown in cross-hatching on
Schedule "Q" attached hereto, and forming part of this By-law, a minimum
sideyard setback of 2. 0 metres shall be permitted to recognize the existing
garage.
Notwithstanding the above, no building shall be permitted within 30 metres
of the East Branch of the Holland River.
Building Specifications
In accordance with Section 8.2.3 hereof.
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 provisions the By-law will take effect from the day
of passing thereof.
APPROVED BY ORDER OF THE ONTARIO MUNICIPAL BOARD this 2nd day of April,
1996 (OB#1996-2, FOLIO #269, OMB File Nos. C930354, C910470, and Z950119)
TOWN OF AURORA THIS IS SCHEDULE "A"
TO BY-LAW NO. 3730-96.D
THE REGIONAL MUNICIPALITY OF YORK
APPROVED BY ORDER OF THE
LOCATION: Part of Lot 16, Concession 3
ONTARIO MUNICIPAL BOARD
THIS 2ND DAY OF APRIL, 1996.
~ SUBJECT LANDS REZONED FROM RU TO RR-6
SCHEDULE "A" TO BY-LAW N0.3730-96.D
.. TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Part of Lot 16; Concession 3
·~'' -. . ; ' ~
~' ' ..
-_;:~:~::~\:·:.:··
THIS IS SCHEDULE "Q"
TO BY-LAW NO. 3730-96.D
APPROVED BY ORDER OF THE
ONTARIO MUNICIPAL BOARD
THIS 2ND DAY OF APRIL, 1996.
SCHEDULE "Q" TO BY-LAW N0.3730-96.D
EXPLANATORY NOTE
Re: Zoning By-law 3730-96.0
By-law 3730-96.D has the following purpose and effect:
To amend By-law 2213-78, as amended, to change the zoning category applying to the subject
lands shown on the map below from "Rural General (RU) Zone" to "Rural Residential (RR-6)
Exception Zone" .
The amendment to the Zoning By-law is to facilitate a severance of the lands to create an
additional rural residential building lot. The exceptions to the standard requirements of the "Rural
Residential (R) Zone" provides for a 30 metre (98.4 foot) setback from the East Branch of the
Holland River to protect the cold water fishery resource, and a 2.0 metre (6.5 foot) side yard
setback to recognize the location of the existing garage on the property.
Approximate Location
of Subject Lands
~OBI 0Q9w~ FOLIOGl 18/
. · OF:JER ISSUE DATE . .
. . APR -2 1996 c 910470,.
c 930354'···
Z950119
09#
..... -
FOLIO#
'-·-
COUNSEL:
Ontario Municipal Board
Commission des.affaires municipales de !'Ontario
East-WestMaintenance Company Limited has.
appealed to the Ontario Municipal Board under .
subsection 53(7) of the Planning Act, R.S.O.
1990, c.P.13, from two decisions of the
Committee of Adjustment of the Town of Aurora
whereby the Committee dismis.._~d · two
applications, numbered B-011/i:l1 and · 8~3..
respecting lands composed of Part of Lot 36,
Concession 3 · . · a=:
O.M •• B. File Nos. C 930354 and C 910470 ;:o:;
~
East-West Maintenance· Company Limited ~s
appeialed to the Ontario. Municipal Board under,
subsection 34(11) of' the Planning Act, R.Si13.
1990, c,P.13, from Council's refusal or neql¢1
·. ''--' to enact a proposed amendment to Zoning By-
law No. 2213-78, as amended, of the Town of
Aurora to rezone land respecting Part of Lot 16,
Concession 3, from "Rural General (RU) Zone'' ... to. .
. "Rural Residential (RR-.J Exception Zone" to .
· facilitate· a severance of the .lands to create an
additional rural residential building lot ·
O.M.B. File No. Z 950119
.•·
<' •
. . --·-.
. ' ---1 . ·=
····:::;:.:::
·.-"{ . -~--,
~-~----·
-' , .. _ _,
• ~~·..J,
Jack Copelovici for East-West Maintenance Company
MEMORANDUM OF ORAL DECISION delivered. by M.A. ROSENBERG
on March 15, 1996 AND ORDER OF THE BOARD
East-West Mai.ntenance ... Company Limited owns a 10-acre parcel of land
located on the north side of Vandorf Road between Leslie Street on the west and .
Highway 404 on the east in the Town of Aurora. The owner wishes to divide the
. A .... / t'vzA~M .
,.., .... ,.
---1 aL<ltJ 4 . 2 .. '1 ~ ~ ~/tj L h _, 61-t<> 14~/b.V.:II.ti-+ I u. . r"" . / "'r , ,.; If"' If t)Tl,t;. .vi<
. 0 PT>r:LlS/NII" .
·;~
,_,. 2,.
property into two separate parcels of land. The severed parcel of land would be
about 4.6 acres in size and the retained parcel which has an existing residential ·
dwelling and garage loeated.con it, would be about 5.5 acres in size. The Board · "
was informed. at the opening. of tha hearing· in Aurora on March 15, 1996 that the.
appellant has withdrawn the· 1991 consent appeal but that the 1993 consent appeal
and the proposed new zoning by-law are ·still before the ·Board.·. The proposed new
zoning by-law rezones the land from (RU) Rural General .Zone to. Rural Residential
... • : 'II ' ••
(RR-6) Exception Zone. ~
Mr. Howard Friedman is an experienced and qualified planner and he gave
evidence before the Board on behalf of the owner of the property in support of the
appeals.
Mr. Friedman said to the south of the property across Vandorf Road is a
golf course, to the north the land is owned· by the Ministry ·of Transportation. The
rear of the sublect property has a watercourse running through it, and the property
is located in the .. Oak Ridges.M9faine-area: Mr. Friedman said that there are eleven
other homes in the immediate area .. and he· considered this a rural resi_dential
enclave.
He referred to the consent policies in the Town of Aurora's Official Plan and
said that all of the policies had been maintained. In addition, he said that Section
51(4) of the Planning Act has been satisfactorily addressed. Mr. Friedman said
that the Town of Aurora has no concerns with regard to the consent application or
the Zoning By-law and there is conformity with the Town of Aurora's Official Plan
and the Oak Ridges Moraine policies.
Mr. Friedman· said. 65. per cent .of the·tands are. Class. 6Jands. under the
Canada Land Inventory classification and 35 per cent of the lands are Class 1
lands. The existing. dwellings sit on the Class 1 lands and the. remaining Class 1·
lands are not a viable .,Agricultural Parcel of ·-land. He said the Ministry of
Agriculture and Food does not object to the application and he basically considers
---·--·-·--------.........
-, ..
-3--·-c 910470'' .... ' ;
c 930354 z 950119
this. an infilling· situation. Mr, Friedman ·said the rear of the property which contains
flood plain lands is protected in the conditions agreed to by the parties which is
found in Exhibit 13. The severance is also subjeCt to approval by the Lake Simcoe
Region Conservation Authority. He said the proposed zoning by-law recognizes ·
the existing location of the garage and protects developmj;lnt within 30 ·metres of .
. . . . . . ,. ····· .. ·, ·' . .
the creek. He said the zoning by-law· meets the general intent ·of·· the Official Plan
and represents good planning. In his opinion the consent application and .the
rezoning application are appropriate and desirable with no negative impacts on
anyane.
Mr. William McCormick is a retirecrengineer Who resides at 1096 Vandorf
. Road in the Town of Aurora. Mr. McCormick's property is located about ·1 mile to
the west of the subject property on the north side of the road. Mr. McCormick
gave evidence before the Board in opposition to the proposed severance and · ·
rezoning applications; .· Mr; · McCormick has his residence on a ten-acre parcel of
land which he built on in 1982> He has lived in the area ·for approximately 16
years, and he expressed concerns relating to · subdividing the subject property from
a 1Cl-acre parcel of land to two 5-acre .parcels of land. Mr. McCormick's concerns
....
were as follows; .
1-He sai~ the area along Vandorf Road betwe.en Bayview Avenue on the west
and Highway 404 on _the east . was always intended as a rural area;
· 2-He bought his ten-acre parcel of land in 1981, on the basis that the
character of the area would remain Rural Residential. Only large parcels of
land .ranging in size from a minimum of 10 acres to up to forty· acres in size
r
would be maintained in this area for residential development .·
3-He said in 1990; aproperty oi.vner with a 25 acre parcel of land attempted
to subdivide his lands into 5 five-acre parcels and this was rejected by the
: ., . '~ ''
4-
5-
e-
7-
·;4
-4-
Town Council.
He .. said the current owners have tried three times since 1987 to subdivide
this land into two five-acre parcels.
He said the rural area of the Tdwn is for large acreage development only.
The Town of Aurora should b~ objecting to thi~ severance.
._ ·-. ' ··.'. . ',;~·' . .
He said what happened in Shomberg should not be allowed to happen here
in Aurora, i.e. creating two 5-acre parcels of land.
8-He said extended families can be accommodated on the subject site without
creating two 5-acre parcels of land. He said the severance was not
appropriate and the wishes of Town Council and the decision of the
Committee of Adjustment should be maintained.
The Board · has carefully · weighect all. of the evidence· and prefers the
· testimony of. Mr. Friedman; The. Board finds that this is basically an•infilling
situation. Here we have a rural .. residential enclave with at least eleven other
r~sidentiaL,dwellings located in the immediate. area. and the. Board notes at least
one otllet.tproperty. in the immediate vicinity has. been severed into two 5-acre parcels
of land. Two additionat 's-acre parceJ.1Win not be out of keeping with the character
of the area. The Bdard is also satisfied that the majority of lands are not good . ···
agricultural lands and the remaining lands would not constitute a viable farm unit.
The twelve conditions of the consent agreed to by the parties reflects adequate . .
protection for the creek running through the rea~ of the property and the Board. is
satisfied that it is appropriate.
In addition, the Board finds that the general intent and pu~ose of the Town
of Aurora's Official Plan has been maintained and the Oak Ridges Moraine policies ·
have also been maintained. · The Board finds that all the matters the Board must
have regard to under Section 51 (4) of the Planning have been adequately
:; ..
i
-5.,. c 910470 ,,
c 930354 z 950119
addressed; ··The· proposed zoning by-law is appropriate, desirable and complies with
the general intent and purpose of the Official P.lan. There are no negative impacts
and the Town of Aurora does not have any concerns.·
Mr. McCormick raised concerns about the size pf the 5-acre parcels of land
being created. There !e r.o :!out:~ in !he Board's ·ci_"~r;.:l . .;that the-c:raa is·
. predominantly ·Rural Residential in character with many large sized lots, but it
would appear to the Board that with the proper controls 5-acre size lots may be
appropriate Jor this area, A 5-acre .size lot -would add to .the land inventory in the
area and. would provide a wider· range of alternative-lot sizes for the consumer.
The Board finds· that' tfie corisenf application and the rezoning application are
reasonable, appropriate and desirable and represent good planning.
In the result:
1. The appeal on consent application:.B-11/91 is withdrawn, and therefore the .
appeal is dismissed.
2. The appeal on consent application B-02/93 is allowed, subject to the
condition$ filed with the Board as Exhibit 1.3, which is· attached as Schedule' "
""" .,.. ·h~ ··"'--d'"' .,....,,..; .. ; ..... I"\ .. -.. ·~ ww... ... -"'"'"''"""·¥~ •.
3. The proposed new zoning by-law is amended in accordance with Exhibit #12
and is attached to the Board's decision as Schedule "B".
~!.
"M. A. Rosenberg"
M.A. ROSENBERG
MEMBER
·-... ::;,;-.
•. _.!.
.... , ...
-
r . .. .
! ! !
'~
.Schedule "A''
c 910470
c 930354
z 950ll9
·,·
·'
Ontario Municipal Board
Commission desaffaires municipales de.I'Ontario
·--~~~j .,,
Suggc'stcd· Conditi~l_ns.of-Apr,iroval fOr CODscnt·Application -,
Irm::' Mastroiarini'' ·
Part of Lot 16, Concession 3, TOwn of Aurora
Town File: B-02-93
I. That all conditions be fulfilled within I year of the date of the decision of the Municipal
·• Boafd iil respect of an appeal or referral of this decision. · . . . .
~.,._·
2. That the applicant pay an administration fee of $225.00 plus GST to the Town of Aurora.
3. That lhe applicant provide to the Secretary· Treasurer a copy of the deposited Reference
~-.
4. Thatthe.appli~t provide tO the Secretary· Treasurer-a fully eXecUted transfer in triplicate
respecting the subje~t_application.
5. That the applicani shall· obtain a Certlfi'cate. ofConsent•from•theSeoretacy.-Treasurerwith
respect to the subject application after all of the conditions herein are satisfied.
6. That both the severed and retained lands shall conform to the provisions of the Municipal
Numbering By-law No. 3293-91.
. 7.
8.
9.
a) Th?-t the_S:pplicant convey to the Town of Aurora, at the applicant's expense,
unenCumbered-title· in fee simple for nominal consideration of the required road.
widening, being a 5 metre strip.of.road widening across the frontage of the
severed and the re~ed lands; and
bj that the applicant shall satisfy all outstanding financial commitments, if any, to
• theTown. ~"-)., ) .• . . . . f';., 000 ' 00 I' ' (.Q.. '/.. . . .
That the appliCant shall pay to tjl Town of Aurora a cash in iieu of parkland dedication .. ,,
in an amount not to exceed 5% oftheappraised value of the severed lands payable at time . ·
of application for building permit. ·
That the applicant sh3.11 enter into an agreement with the Town of Aurora pursuant to
subsections 51(5), 51(6) and 53(2) of the P!annjng Act, R.S.O. 1990, providing for the
following: .
a) that no building permit application shall be submitted, and no development of the
severed lands shall commence _until a roadway Excavation Permit has been
obtained pursuant to By-law 3429-93 (as amended), and any culvert and dri\'eway
on the Town highway has been constructed in accordance with Town ·
. specifications; and··
'c.
"'
.·-,
-2-
b) that no building permit application shall be submitted, and that no development of
the severed lands shall commence until a grading plan showing all proposed
grades and drainage and .the siting of the dwelling has been submitted for review
by the Director of Public Works; and
c) that the applicant agree to obtain confirmation from the Regional Medical Officer
ofHealth that all requirements are met with respect to any new well sites ot
private sewage systems prior to obtaining a building permit.
I 0. The Agreement referred to in Condition 9E!J.~ll be ~gister;:d o~ title for :1:.:: se-.~•ed .
lands. · • · · · .. \ ·
II. That the Secretary-Treasurer be notified, in wri~ing, by the Lake Simcoe Region
Conservation Authority, that satisfactory arrangements have been made between the
·owner andcthe.AUthority-withc:respect:to;develo:Pment·Ofthesubject·lands;.·
12. That the'applicant·shafl'ob'tain'a'rezoning·of'the seV'ered'and· retained·Jands•to•Rurar···
Residential (R) Exception Zone. · ·
-, -.
·.--. .-.•
........
~
r
!f!:·-..:~
)4
c 910470
c 930354
z 950119
· Ontario Municipal Board
Commission des affaires municipales de !'Ontario
Schedule .nBn
__ ,.
"·-.'.
B'li:-IJUf __ -'96
OF THE CORPORAnotf" -oy '!'HE TOHH OF· AURORA
BEING A BY-LAH 1'0 AMEND BY-LAH 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 a'a· 'fpllows:
1. Th::!t .~h& zoning c·clo;~:gory·_ ap~·(ying i~ -~he laQd&-shown in-.Clark
outline and vertical /Q~'t.ching, o:z;1·. Schedd'le. "A• attached
hereto_, is her.eby ~ended 'from •Rural General (RU) zone• to
~Rural Residential (RR-6) Exception Zone•.
2. That Schedule •A" and SchedUle •o• attached hereto are hereby
deClared to form part of this By-law.
3. That Section :9 i~-hereby amended by adding .the following as
Section 8.9 "Rural Residential (RR-6) Exception Zone.•
9.8.1
8.8.2
8.8.2.1
9.8.2.2
8.8.2.3
USES PERK!_TTED
·In accordance .. w:ith seetion.:.a-.,.l.:,_he.t:aof· ...
"zoNE R~QUIREMENTS
Lot Specifications
In accordance with section ·9.2.1· hereof.
Siting specifications
In accordance with Section 8.2.2 hereof.
Notwithstanding the above·, on· the lanr:ls shown in
cross-hatching On Schedule ·o• attached hereto, 8nd
forming part of thia By-law, a minimum sideyard
setback. of 2.0 metres shall be permitted,·.to
recognize· the existing garage.
Notwithstanding the above, no building shall be
permitted within 30 metres of the East Branch of the-
Holland River. ·
Building Specifications
In accordance with Section 8.2.3 hereof •. '
4, No part of this By-law will come into force until the
prov1.sione o:f tne Planning Act have been· complied with, but
subject to such proviaiona the By-law will take _effect from
the day of passing thereof.
READ A FIRST AND SECOND TIME '!'HIS DAY OF 199·6.
READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS -----DAY
OF ______ _ 1996.
MAYOR· CLERK
.,
,,
~-----.
THIS IS SCHEDULE "A'
TOWN OF AURORA TOBY·LAWNo. __
PASSED THIS' 0) --REGIONAL MUNICIPALITY OFYO.RK ·· ___ ····.··_ .. ·-
C.LERK
MAYOR
SCHEDULE "A" TO BY-LAW NO.------
. ·-TOWN OF AURuRA TO BY·LAWNO. ----
PASSED,THIS ·DAY '· REGIONAL MUNICIPALITY OF YORK
-:c---:-------~~
. CLERK
MAYOR
i
SCHEDULE "Q" TO BY -LAW NO~ --------
_;. ,. -..
EXPIJL~ATORY NOTE
RE: Zoning By-Law -9 6.
By-Law ___ -96 has the following purpose and effect:
To amend By-law 2213-78,. as amended, to change the zoning
category applying to the subject lands shown on .themap below
from "Rural Gene.ral (RU) Zone" to "Rural .Residential (RR-6)
Exception Zone".
The amendment to the . Zoning By-law is to facilitate a ..
ssvera-n-cc ~f f)-t;~-1 ~.1.1~ +:"' · .:_;_·-:·-"':::; ..... n _ ... _:;:c!d-itional ;r;ural ...
residential building lot. The exceptions to· the standard
requirements of. the "Rural Residential (R) zone" provides for
a 30 metre ( 98.4 foot) setback from the East Branch of the
Holland River to protect the cold water fishery resource, and
a 2; 0 . me.tre ( 6. 5 foot) side yard setback · to recognize the
location· of·.· the exi's'ting garage on the. property •
KEY MAP
20
19
•
15
I
'. --.. .. -_ ....
SUB.:J EC"'·
LANDS
. "-
..
EXPLANATORY NOTE ·;4
RE: Zoning By-Law -96.
By-Law -96 has the following purpose and effect:
·To ·.amend By-law 2213-78j" ·as amended, to change the zoning·
category applying to the subject lands shown on the map below
from "Rural General (RU) Zone• to "Rural Residential (RR.,-6)
Exception Zone•. ·
The amendment to the Zoning By-law is to facilitate a
severance of the. lands to creat~ _ an_ additional rural
-~e-s ;de 1'·' • ' \' ~' -: ~ · • · -~-· · ·· -·· "' · ..... -1 ... · ··o <·'1e s·~andard ..., ..&.. J.L.~d.L -.•• ·• .. ,.&.•j_.,.,::, .. ,· ;L,I,·_.; .!.-\.L•_-:"r~.L~l'loi'·.-.L.' .~Wl L.
requirements of the _"Rural Residential (RJ ·zone·· provides for
a 3 0 metre ( 9 8 • 4 foot) setback from the Eas.t Branch of the
Holland River to protect the cold water fishery resource, and
a 2. 0 metre ( 6. 5 foot) side yard setback to recognize the
location of .the existing garage .. on the property.
KEY MAP
20
<"•
I o:··· ..,,··::''/
18
17
16 ,a A~·
15
....
!!
t
-J.
SUBJECT
LANDS
·-·
'
.,