BYLAW - Overzet - 19970515 - 382197D(Overzet 135 Kennedy St.)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3821-97.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 Municipal Council of the Corporation of the Town of Aurora ENACTS
AS FOLLOWS:
1. THAT the zoning category applying to the lands shown in hatching on Schedule "A"
attached hereto and forming part of this By-law is hereby amended from "Residential
Dwelling First Density Residential (Rl) Zone" to "Residential Dwelling First Density
Residential (Rl-21) Exception Zone".
2. That the following be added as Section 10.23 "Residential Dwelling First Density
Residential (Rl-21) Exception Zone":
10.23
10.23.1
10.23.2
10.23.2.1
10.23.2.2
10.23.2.3
The lands shown zoned "Residential Dwelling First Density Residential (Rl-
21) Exception Zone" on Schedule "A" shall be used in accordance with the
following:
Uses Permitted
In accordance with Section 10.1
Zone Reqpirements
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specifications
In accordance with Section 10.2.2
Bnilding Specifications
In accordance with Section 10.2.3
2,000.0 square metres
26.0 metres
4. THAT the provisions of this By-law shall come into force and effect upon third
reading thereof or by the Order of the Ontario Municipal Board.
APPROVED THIS 15TH DAY OF MAY, 1997 BY ATTACHED ORDER No. 0177 OF THE
ONTARIO MUNICIPAL BOARD.
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TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: 135 Kennedy Street West
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THIS IS SCHEDULE "A'
TO BY-LAW NO. 3821-~ r.D
APPROVED THIS 15TH PAY
OF MAY, 1997 BY lo
NO. 0177 OF THE OONN11r~.IO
MUNICIPAL BOARD.
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SCHEDULE "A" TO BY-LAW NO. 3821-97.D
7.
Ontario Municipal Board
Z960036
S960050
Commission des affaires municipales de I' Ontario ~-··---·--··J "97 HAY 2 ey\'¢.Hlt AI;F;OP.A . 0
AJO :ogoanne Overzet has appealed to the Ontario 1 J~i·i':'ijf~;rr ·
Cltlil'\ s t!b' Ai(;f,'r::NMuni~ipal Board under subsection 34(11) of the
COUNSEL:
1• Plann~no Act, R.S.O. 1990, c. P.13, as amended, Pfl<£"·-~---;~.,.,..,,-. --1
from Councils refusal or neglect to enact a ---r~·--
proposed amendment to Zoning By-law 2213-78 ,'1
of the Town of Aurora to rezone lands respecting , 1
135 Kennedy Street West from "Detached ; ~ ij
Dwelling First Density Residential (R1) Zone" to li 1. I
a site specific designation to permit 5 new n !'!
residential dwellings L1~
O.M.B. File No. Z960036 .... i
Joanne Overzet has appealed to the Ontario
Municipal Board under subsection 51(34) of the
Planning Act, R.S.O. 1990, c. P.13, as amended,
from the failure of the Regional Municipality of
York to announce a decision respecting a
proposed p!an of subdivi!lion on !ands known
municipally as 135 Kennedy Street West in the
Town of Aurora
Region's File No. 19T-95112
O.M.B. File No. S960050
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Daphne E.M. Wagner for Joanne Overzet
Kenneth T. Rosenberg for Town of Aurora
Neil Craik for Region of York
DECISION delivered bv T. YAO and ORDER OF THE BOARD
Upon consent of all parties, the Board orders that:
I. The appeal is allowed in part and Zoning By-law 2213-78 of the Town of Aurora is
amended in the form of Zoning By-law 3821-97.D as set out in Schedule "A"
attached hereto and forming part of this order. The Town is hereby authorized to
assign a by-law or other number to this document for record-keeping purposes.
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2, The Board gives draft plan approval to the revised plan of subdivision as set out in
Schedule "8", subject to the conditions contained in Schedule "C".
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T. YAO
Member
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SCHEDULE "A"
(Ovenet 135 Kennedy St.)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3821-97.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 Municipal Council of the Corporation of the Town of Aurora ENACTS
AS FOLLOWS:
I. TIIAT the znning category applying Ill the lands shllwn in hatching on Schedule":\"
attached herL'Io allll llmning part of this lly-Jaw is hereby Ullll'IH.Ied Ji·0111 "Residential
Dwelling First Density Rcsillential (R I) Zone" to "Residential Dwelling First Density
Rcsillcntial (RI-21) Exception Zone".
2. That the following be added as Section 10.23 "Residential Dwelling First Density
Residential (R 1-21) Exception Zone":
10.23 The lands shown zoned "Residential Dwelling First Density Residential (R 1-
21) Exception Zone" on Schedule":\" shall be used in accordance with the
following:
10.23.1
10.23.2
10.23.2.1
10.23.2.2
10.23.2.3
Uses Permitted
In accordance with Section 10.1
Zone Requirements
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specification~
In accordance with Section 10.2.2
Building Specifications
In accordance with Section 10.2.3
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2,000.0 square metres
26.0 metres
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4. THAT the provisions of this By-law shall come into force and effect upon third
reading thereof or by the Order of the Ontario Municipal Board.
READ A FIRST AND SECOND TIME T11IS DAY OF
READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
' /997.
' 1997.
T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK
..
Explanatory Note
Re: Zoning By-law
By-law 3821-97.D has the following purpose and effect:
To amend By-Law No. 2213-78, the Zoning By-Law in effect in the Town of Aurora, to rezone a
portion of the subject lands, being 135 Kennedy Street West, located on the south side of Kennedy
Street, east of McDonald Drive and at the west end ofDodie Street, from "Residential Dwelling First
Density Residential (R I) Zone" to "Residential Dwelling First Density Residential (Rl-21)
Exception Zone". The purpose of the amendment is to permit the development of a single detached
dwelling with a reduction in the required frontage.
The R 1-21 Zone permits the development of one single detached dwelling with a reduction in the
required frontage from 30.0 metres to26.0 metres to accommodate the lotting of the cul-du-sac.
E:\SHARED\8 YLA WS\Bl LL \3821-97. OVZ
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TOWN OF AUR.JRA THIS IS SCHEDULE "A"
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TO BY-LAW NO. 3821-97.D
THE REGIONAL MUNICIPALITY OF YORK
PASSED THIS DAY
LOCATION: 135 Kennedy Street West
OF --.,.---1997
CLERK
MAYOR
SUBJECT LANDS REZONED FROM R1 TO R1-21
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SCHEDULE "A" TO BY-LAW NO. 3821-97.0
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SCHEDULE "C"
CONDITIONS OF APPROVAL
DRAFT PLAN OF SUBDIVISION 19T-95112
TOWN OF AURORA
APRIL 18, 1997
(as circulated April 7, 1 997 with minor revisions)
THE CONSOLIDATED CONDITIONS OF THE OF THE TOWN OF AURORA, THE
REGION OF YORK, THE LAKE SIMCOE REGION CONSERVATION AUTHORITY, THE
MINISTRY OF NATURAL RESOURCES AND AURORA HYDRO TO BE SATISFIED
PRIOR TO RELEASE FOR REGISTRATION OF PLAN OF SUBDIVISION 19T-95112 ARE
AS FOLLOWS:
1 . Approval shall relate to a draft plan of subdivision comprising of 5 lots prepared
by Lloyd & Purcell Ontario Land Surveyors, File A2-246-33-1 0, dated April 14,
1997.
2. Such easements as may be required for utility or drainage purposes shall be
granted to the appropriate authority, including easements required for servicing
and drainage over lots 2,3,and 5 and 1,2,3 and 5 respectively that are to be
granted to the Town of Aurora.
3. Natural gas, telephone service and T.V. service, where required, shall be
constructed underground within the road Allowances or other appropriate
easements.
4. The road allowances included within this draft plan of subdivision shall be
named to the satisfaction of the Town of Aurora and the Regional Planning
Department.
5. The lands within this draft plan of subdivision shall be appropriately zoned
in a zoning by-law that has come into effect in accordance with the
provisions of the Planning Act.
6. The owner shall agree in the subdivision l!greement to be financially responsible
to retain a controlling urban design consultant to prepare urban design guidelines
and review proposed building plans prior to the issuance of every building permit
to ensure that good design principles are complied with consistent with the
existing surrounding subdivision. The urban design consultant shall be retained
and responsible to the Town.
7. In connection with Condition 6 above, the owner shall agree within the
subdivision agreement that prior to final house design and siting, any builder and
his architect will review the design of grading with Town staff and the
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Conditions of Approval-Apri118, 1997 -2-19t-95112
developer's engineering consultant with a view to providing house types that
are conducive to site conditions.
8. The owner shall enter into a subdivision agreement with the Town of Aurora
agreeing to satisfy all conditions, financial and otherwise of the Town; prior to
final approval, the Town shall confirm that the subdivision agreement will be
registered by the Town against the lands to which it applies as provided for in
the Planning Act.
9. The owner shall agree in the subdivision agreement to pay to the Town of
Aurora cash in lieu of parkland to the satisfaction of the Corporate Services
Department and the Leisure Services Department.
10. The owner shall agree in the subdivision agreement to submit and implement a
plan acceptable to the Fire Chief, which delineates fire breaks within the plan.
11 . The owner shall agree in the subdivision agreement to plant trees on the Dodie
Street extension, as required in accordance with the Town's Landscape
Standards Manual.
12. Prior to the removal of any trees or landscape material from the site, the owner
shall prepare an arborist' s report to the satisfaction of the Leisure Services
Department that will detail trees to be removed or moved, plans for the
replacement of trees being removed and screening of properties that will
become more visible as result of removal of existing trees, and remedial
measure!; needed to maintain .the trees/landscape material being maintained.
This report must be prepared in consultation with the Functional Servicing
Report set out in condition 17 below.
13. The owner shall agree in the subdivision agreement to carry out or cause to be
carried out the recommendations as contained within the report required by
.condition 12 and to provide securities to ensure their implementation.
14. Prior to undertaking any removal of topsoil or disturbance of land on the site,
the owner shall apply for and receive a topsoil removal permit fr9m the Town
of Aurora Public Works Department. Documentation submitted with this
application shall include the proposed phasing of grading.
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Conditions of Approval -April 18, 1997 -3-19t-95112
15. Prior to undertaking any grading on the site, the owner shall submit a detailed
proposal describing the means by which erosion and siltation and their effects
will be minimized and contained on the site both during and after the
construction period. The proposal and all work shall be carried out to the
satisfaction of the Town of Aurora and the Lake Simcoe Region Conservation
Authority.
16. The owner shall submit a detailed proposal to implement a stormwater
management plan. The owner· shall agree in the subdivision agreement that all
work detailed in the proposal shall be carried out to the satisfaction of the Town
of Aurora and the Lake Simcoe Region Conservation Authority.
17. Prior to final approval, the owner shall prepare drawings to the satisfaction of
the Aurora Public Works Department detailing the layout and construction of
services based on a report entitled "Functional Servicing Report, Part of Lot 33,
Registered Plan 246, Town of Aurora, Region of York" by Vincent & Associates
Consulting Engineers and Project Managers dated March 1997. Servicing plans
shall be designed and scaled as described in the Town of Aurora design criteria
manual. All plans shall be prepared using computerized drafting software
(Autocad Version 13 or compatible software).
18. The owner shall agree in the subdivision agreement that any works undertaken
outside the plan to subdivision to provide services to the subdivision, will not
be subject to compensation under the Development Charges Act and are the
sole responsibility of the owner to design and construct.
19. The owner shall agree in the subdivision agreement to ensure that streets
abutting the development are cleaned regularly during the construction period
and any damage to the roads caused by construction restored to the Town's
satisfaction in accordance with the subdivision agreement.
20. The owner shall agree in the subdivision agreement to include the following
clause on all offers of purchase and sale:
"i)The lands included within this subdivision are an infill development
where grading is sensitive. Purchasers are advised that the final grades
provided by the owner and approved by the Town are not to be altered
without prior approval from the Town of Aurora.
ii) Purchasers are advised that a tree preservation plan has been prepared
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Conditions of Approval • Apri118, 1997 -4-
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"1.
19t-95112
by the owner. Trees are not to be removed from the site except in
accordance with that plan without prior approval from the Town of
Aurora."
21 . The owner shall agree in the subdivision agreement to include the following
clause on all offers of purchase and sale for lots 2,3 and 5 as shown on the
draft plan:
"Lots 2, 3 and 5 contain underground services in easements that provide
services for the subdivision as .shown in the "Functional Servicing Report,
Part of Lot 33, Registered Plan 246, Town of Aurora, Region of York" by
Vincent & Associates Consulting Engineers dated March 1997 and the
engineering plans that form part of the subdivision agreement. The Town
may require entry from time to time to provide maintenance or repairs to
the services."
22. The owner shall agree in the subdivision agreement to include the following
clause on all offers of purchase and sale for lots 1 ,2,3 and 5 as shown on the
draft plan:
"Lots 1 ,2,3 and 5 contain drainage swales that service the plan of
subdivision as specified in the Functional Servicing Report, Part of Lot 33
Registered Plan 246, Town of Aurora, Region of York by Vincent &
Associates Consulting Engineers and Project Managers dated March 1997
and the Engineering .Plans that form part of the Subdivision Agreement.
No alterations to grade, construction of buildings, structures or other
obstructions or alterations shall be permitted that would interfere with
this functioning of the swales."
23. Hydro electric service for the lands within this draft plan of subdivision shall be
constructed to the satisfaction of the Aurora Hydro Electric Commission. The
developer shall be responsible for entering into an Electrical Plant Agreement
with Aurora Hydro Electric Commission for the supply and installation of the
underground electrical distribution system.
24. The Regional Transportation and Works Department shall confirm that adequate
. water supply and sewage treatment capacity are available to accommodate the
proposed development and have been allocated thereto by the Town and the
Servicing Allocation Table revised by the Town.
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Conditions of Approval -April18, 1997 -5-19t-95112
25. The owner shall enter into an agreement with the Region of York, agreeing to
satisfy all conditions, financial and otherwise, of the Regional Corporation;
Regional Development Charges are payable prior to final approval in accordance
with By-law DC-2-94-119.
26. Prior to final approval and to any grading taking place on the site, the owner
shall:
i) prepare a stormwater management report incorporating Level I protection
and in accordance with the pr~vincial "Stormwater Quality Best
Management Practices", April 1991 and Stormwater Management
Practices Planning and Design Manual June 1994 to the satisfaction of·
the Lake Simcoe Region Conservation Authority.
ii) prepare a report detailing the means whereby erosion and siltation will be
minimized and contained on the site both during and subsequent to the
construction period, including an outline of all measures to be taken to
prevent and increase in the concentration of suspended solids in any
watercourse;
iii) agree in the subdivision agreement to carry out or cause to be carried out
the recommendations and measures contained within the reports
approved under conditions i) and ii) above.
27. The owner shall agree in the subdivision agreement to carry out or cause to be
carried out the recommendations and measures contained within the reports
approved under Condition 26.
28. If the Town of Aurora has not conveyed its relea.se for final approval to the
Ontario Municipal Board within three years following the date. of the Ontario
Municipal Board's draft approval, the draft approval shall lapse pursuant to
Section 51 (32) of Planning Act. Extensions may be granted under the
provisions of The Planning Act.
29. The Town of Aurora Planning Department shall advise that Conditions 1 to 27
inclusive have been satisfied, stating briefly how each condition has been met.
ISSUED at Toronto this _the day of ___ , 1997
E:\SHARED\SUBDIV\OVERZET3. WPD