BYLAW - Adopt OPA 33 - 20000503 - 417100DTHE CORPORATION OF THE TOWN OF AURORA
BY-LAW NO. 4171-00.D
A By-law to Adopt Official Plan Amendment No. 33
of the Corporation of the Town of Aurora
SEE DECISION/ORDER NO. 0680
OF THE ONTARIO MUNICIPAL BOARD
(as attached)
DATED MAY 3, 2000
l ""'::;:. 2000
DECISION/ORDER NO.
0680
PL991167
'::,(!)!*it;i~!MJJI'\ic~ln::~l Board
ComnnisiSiidirM:t~slaft'aJnes municipales de !'Ontario
Wycliffe Design and Constooctiqn, Llcj, h,Q~ .~ealed to the Ontario Municipal Board under
subsection 22(7) of the Plannmg mY. R~.~!Uj~. c. P.13, as amended, from Council's refusal or
neglect to enact a proposed amendment to the Official Plan for the Town of Aurora to redesignate
land at Part Lots 74 & 75, CM!i$&ren4flStriSI'municipally known as 227 Vandorf Road) from
"Rural" to "Suburban Residential" to permit a plan of subdivision
OMS. File No. 0990189
Wycliffe Design and Construction Ltd. has apr!la!ed tn the Ontarlo Ml!nici;:Jai Board under
subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal
or neglect to enact a proposed amendment to Zoning By-law 2213-78 of the Town of Aurora to
rezone lands respecting Part Lots 74 & 75, Concession 1 EYS (municipally known as 227 ·
Vandorf Road) from Rural (RU) to Row Dwelling Residential (R6-) Exception to permit a plan of
residential subdivision
OMS File No. Z990176
Wycliffe Design and Construction Ltd. has referred to the Ontario Municipal Board under subsection
41 (12) of the Planning Act, R.S.O. 1990, c. P .13, as amended, determination and settlement of
details of a site plan for IC!nds composed of Part Lots 74 & 75, Concession 1 EYS (municipally
known as 227 Vandorf Road), in the Town of Aurora
OMB File No. M000014
Wycliffe Design and Construction Ltd. has requested the Region of York to refer Deferral No. 17
of Official Plan for the Town of Aurora
Region File No. 19-0P-0026
OMS File No. 0000057
APPEARANCES:
Parties
Town of Aurora
Wycliffe Design and Construction Ltd.
999556 Ontario Limited
Beacon hill Golf and Country Club and
York Region Condominium Corporation
Ratepayers of Aurora-Yonge South
Counsei·' or Agents
D. Tang*
S. Stein*
A. Brown*
S. Makuch* {in abs.)
P. Ellis CORP. SERVICES DEPT.
COPIES CIRCULATED TO: Hft}"-T ,zL ~
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DECISION DELIVERED BY B.W. KRUSHELNICKI AND ORDER OF THE BOARD
Wycliffe proposes a low density residential subdivision in the southern area of the
Town of Aurora. The proposal involves an Official Plan Amendment appeal, the appeal of
an Official Plan deferral, and zoning by-law amendments. A subdivision application had
been made, but this is now abandoned in favour an application for condominium; this is not
before the Board. A site plan application has been made and was before the Board, but
Board is now asked that this be deferred and brought forward only if needed.
Originally the entire proposal was opposed by a number of parties, but the matter
has effectively settled, except for one remaining issue that two of the parties -the
proponent, Wycliffe and the numbered company 999556 Ontario Limited ("lnvar") -have
agreed to have the Board adjudicate. The remaining issue has to do with the date by which
Wycliffe should pay lnvar for services that have been provided to the area by lnvar. By
minutes of settlement agreed to by the two parties all the other issues between them have
been settled, including the amount of Wycliffe's share.
The other parties, which include Beacon hill, the Condominium Corporation and the
Ratepayers group, have all withdrawn on the strength of modifications made to the
proposal that address their concerns. The Town is now also content with the proposal and
related documents as amended from 150 to 112 units, and takes no position on the
remaining item of dispute between Wycliffe and lnvar.
Briefly the proposal before the Board involves the development of 112 residential
units on 50.5 acres of land on Vandorf Sideroad in the south end of Aurora. This is very
low density development consistent with the development in the area and consistent with
what is intended for the area. The lands are bounded on the east by a residential
development being developed by lnvar, the remaining disputant, and on the west and
south by the combined development of the Golf Course and Condominium Corporation.
The Golf course and Condominium Corporation have withdrawn effectively from the
hearing after the number of units was reduced and a buffer area was created where the
Wycliffe units border the eleventh hole.
The subject lands occupy an environmentally interesting site and has been arranged
to accommodate the wooded areas, sloped areas on which building cannot take place, and
a watercourse. With these areas removed from development, the remaining houses,
although forming banks of linked housing, yield a very low net density of about 2.2 units
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per acre.
The applicant's planner regards the site as an infill, completing the development
along Vandorf. Nevertheless, the site is located in an area that is presently outside the
development area identified in the Town's existing Official Plan and is the subject of a
"deferral" (no. 17)' in the Town's new Plan. Consequently the Board has an Official Plan
Amendment permitting residential development, a proposal to remove the deferral
(technically an appeal against the new Official Plan), a zoning by-law appeal, and a site
plan application, which as I mentioned is being deferred. These appeals are all "private
appeals", as they are sometimes known, against Council's inaction on the proponent's
applications.
The servicing of the site relies on existing and available infrastructure. It will be
necessary for the Town to allocate water and sewer capacity from its Regional allocation,
but this is not controversial. Sewers are available at the threshold. Water services,
however, are a problem to this area. The proponents propose that the site be serviced by
taking advantage of capacity from an existing water booster station constructed by lnvar
when they developed their lands to the east. Some testing will have to be done to ensure
that the capacity exists, but everyone is confident that the capacity exists.
With the settlement of all development issues, the Board is therefore requested to
make the following order, which it does:
The Board orders that the appeals in respect to the Official Plan Amendment
(Exhibit 13 in these proceedings) and the zoning by-law amendment (Exhibit
14) as proposed by Wycliffe and modified in accordance with the settlements
·are allowed and these amendments are approved. (Please note, further,
that the by-law amendment is approved subject to a further modification
directed by the Board in the concluding paragraphs of this decision).
Further, insomuch as the Board has carriage of OPA deferral No. 17, the
Board removes the deferral and replaces it with the Official Plan Amendment
as adopted.
Finally, in accordance with the agreement of the parties, the site plan
application is deferred and the Board remains seized of the file (OMB No.
M000014) as needed and it may be brought forward if there are problems
arriving at a final plan for the site. If it has not already been done, the
subdivision file (OMB No. S990070) is deemed withdrawn and the file is
closed.
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The Board should be notified promptly if and when the site plan is settled so that it can
close the file. If it cannot, the Board should then also be notified so that a hearing can be
arranged.
The one remaining issue that the Board has been asked to adjudicate is the
question of when lnvar should be reimbursed by Wycliffe for its share of the capacity from
the water booster station constructed by lnvar. The parties agree that OMB practice and
jurisprudence has more or less consistently concluded that it is fair and appropriate that
developers benefiting from services funded by predecessor developers should pay a fair
share of the cost of such services. In this case -as with most other similar cases -the
"front ended" water service was provided outside the process established by the
Development Charges Act (DCA) and the Town's DCA by-law. At first the town said it
would not issue DCA credits for the station, but later this was amended so that the cost
may eventually be recovered.
Nevertheless the parties-Wycliffe and lnvar-have agreed to an amount that would
be fair, but there is no agreement about when payment should be made. Board cases on
the subject are not clear about this -the issue has never been raised explicitly.
In his submissions, Mr. Stein has correctly identified the four options available to the
Board in the order that they would be expected to occur:
Site Pan approval;
Water and sewer servicing allocation;
Lifting of the 'H' from the holding by-law; or
Issuance of the building permits.
It is agreed by the parties and the Board, that the bases for determining the correct
date is simply what would be fair and appropriate in the circumstances of the case.
Mr. Stein urges the Board to conclude that the best date for payment would be at
the time of the issuance of the building permits. Although this entire process is outside the
DCA, the building permit stage would be consistent with the way the way that it is done
under section 26(1) of the DCA. Since this is a process that is analogous to the DCA, this
is when they propose to make payment.
Wycliffe argues that the lands are not yet serviced and that they will not begin to
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. benefit form the services provided, including the water service provided by the booster
station funded by lnvar, until they are fully entitled to begin constructing homes. Mr. Stein
asks the Board to consider what lnvar could reasonably have expected in terms of
payment. They had constructed the pumping station to advance the approval and
development of their own site with no promise of recompense other than an expression
from the Town that it would make its "best efforts," the ususal arrangement undersuch
circumstances, to require later benefiting developers to contribute to the cost. They were
told that they should not expect DCA credit, and they had no idea of the timing of the
Wycliffe applications and their approval.
Mr. Stein says that there is no legal right to be paid; Wycliffe offers to do so out of
a sense of fairness and perhaps in anticipation that the Board may be called upon to
compel payment. Nevertheless, lnvar could not have reasonably expected payment any
sooner than the issuance of permits on the Wycliffe development. Even though all of this
is outside the DCA, they could not have expected payments any sooner. Indeed however,
if the DCA does eventually reimburse the parties for their contribution to the booster
station, it will be under the DCA. Such payments or credits are issued when the building
permits of other developments benefiting the service are issued. Requiring Wycliffe to pay
at the same time would provide a measure of coordination and fairness to Wycliffe as
between the adopted process and that prescribed by the DCA.
Mr. Brown seeks to have payment made immediately upon approval ofthe planning
documents or, in terms of Mr. Stein's analysis, he would consider the time of site plan
approval. At worst, it should be no later than the date on which sewer and water allocation
is made. This is fair since, according to his view, the payment should be made at the time
when Wycliffe begins benefiting from the available capacity. Since Wycliffe could not
proceed through the approval stages without resolution of the water issue, it benefits as
soon as it has received approvals predicated upon the availability of water.
Leaving it to the point of building permit issuance would present practical problems.
It would require that lnvar constantly contact the Town to find out whether permits had
been issued. Alternatively they would have to rely on Wycliffe informing them of when
specific permits were being issued, something Wycliffe says it would be willing to do as
blocks of development receive building permit approval.
Mr. Brown also cites the DCA where it states at section 26{2) that in addition to
requiring payment of DCA charges at the time of building permit issuance (in accordance
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with the ususal practice under section 26(1),
26.(2) A municipality may, in a development charge by-law, provide that a
development charge for services set out in paragraphs 1 ,2,3,4, or 5
of subsection 5(5) for development that requires approval of a plan of
subdivision under section 51 of the Planning Act or a consent under
section 53 of the Planning Act and for which a subdivision agreement
· or consent agreement is entered into, be payable immediately upon
the parties entering into an agreement.
Just as Mr Stein suggests payment at the time of building permit issuance and uses the
analogy of section 26(1 ), Mr. Brown suggests that the authority to require payment at the
subdivision stage is analogous to requiring payment at the time of site plan approval in the
present case.
Of all the Board decisions on this question, none appeared to consciously deal with
the issue of when payment should be made, only whether it should. The only one that
comes close to dealing with the timing of payment is Mr. Melling's decision in Strano v. City
ofGuelph (34 O.M.B.R. 334), in which he concludes,
"I have found that consent should be conditional upon the appellant paying
a share of front-ended servicing costs. The appellant requested that, if I
made such a finding, I defer his obligation to pay. I can see no reason to do
so, particularly given that the front-ending developers will be paid in 1996
dollars, without interest."
Interest is not an issue here, but I am given to accept Mr. Melling's conclusion that there
was no reason to delay in that case.
The conclusion of the Board in this case is that the fair and appropriate time for
payment would be at the time that the municipality removes the 'H' from the holding
provision. Fairness means that similar parties be treated similarly. lnvar was required to
provide the water boosting station as condition of removing the 'H' from its lands. It would
therefore be fair in the circumstances of this case to do the same.
I agree that the payment should be made when benefits begin to accrue. Although
the various stages of approval each add some benefit to the proponent developer by
advancing the matter and removing some of the risk, the point at which zoning approvals
are complete and unconditional constitutes the time at which all hurdles have been met,
short of simply applying for building permits. At this time, all significant approvals have
been provided, all the planning documents are in place and consistent, and all allocations
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of servicing capacity will have been secured.
From the standpoint of appropriateness, it is also a convenient and practical point
for a single payment to be made without the awkwardness identified by Mr. Brown of
dribbling payments to the front-ending developer as building permits are issued. I agree
that it should not be the responsibility or onus of the front-ending developer to recover the
cost in this way, although I acknowledge that this is the ordinary method contemplated for
municipalities to collect under the DCA. The Board concludes that the burden for ensuring
timely payment should rest fairly with the benefiting dsvelope:;, and to this end he should
be required to satisfy his debt to the front-ending developer before receiving what is
virtually unconditional approval offered by the removal of the 'H'.
The Board therefore will accept the Minutes of Settlement subject to the modification
of Article 4 to reflect the conclusion of the Board.
Finally, the Town has agreed to require the payment (on whatever date the Board
directs) in the site plan agreement. As this is a proposition that is agreed as a practical
matter by all parties, normally the Board would simply acquiesce. However, with respect,
this is a proposal (in the Board's mind at least) of dubious jurisdictional merit and one also
of questionable practice. Instead, the Board seek its own comfort by modifying the by-law
(Section 10.30.7 of Article 3[sic 4]) before it to require the payment as a condition of
removing the 'H' from the zoning, as it was for lnvar when they were required to build the
booster station. This is consistent with the Board's determination of fair and appropriate
timing, and provides a more jurisdictionally sound method of executing the Board's
determination.
The Board so orders.
B.W. KRUSHELNICKI
MEMBER
AWe.a.GD ft..{ ~ P.J?ru. ueJ 1 z,wo.
AMENDMENT NO. 33
TO THE
omciALPLAN
FOR THE TOWN OF AURORA
FILE COPY
AMENDMENT NO. 33
TO THE
OFFICIAL PLAN FOR THE
TOWN OF AURORA PLANNING AREA
The Amendment No. 33 to the Official Plan for the Town of Aurora Planning Area which was
adopted by the Council of the Corporation of the Town of Aurora is hereby approved under
Sections 17 and 21 of the Planning Act.
Date: _______ _
Mike DeAngelis,
Director of Development Services
Regional Municipality of York
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4171-00.D
BEING A BY-LAW to adopt Official Plan Amendment No. 33
The Council of the Corporation of the Town of Aurora, under Section 17 (6) of the Planning Act,
RSO 1990 Chapter P. 13 as amended, hereby enacts as follows:
I. Official Plan Amendment No. 33 for the Town of Aurora, consisting of the attached
explanatory text and schedules, is hereby adopted.
2. The Clerk is hereby authorized and directed to make application to the Regional Municipality
of York for approval of Official Plan Amendment No. 33 for the Town of Aurora.
3. This By-law shall come into force and take effect on the day of the fmal passage thereof.
READ A FIRST AND SECOND TIME THIS DAY OF '2000.
READ A TmRD AND FINAL TIME AND FINALLY PASSED THIS DAY OF • 2000.
J.G. WEST, DEPUTY MAYOR B. PANIZZA, TOWN CLERK
This Amendment to the Official Plan for the Town of Aurora, which has been adopted by the
Council of the Corporation of the Town of Aurora, is hereby approved in accordance with Section
17 (6) of the Planning Act, RSO 1990 Chapter P. 13 as Amendment No. 33 to the Official Plan for
the Town of Aurora.
DATE: _______ SIGNATURE:. _______ _
Official Plan Amendment No. 33
AMENDMENT No. 33
TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA
STATEMENT OF COMPONENTS
PART I-THE PREAMBLE
1.0 Introduction
2.0 Purpose of the Amendment
3.0 Location
4.0 Basis of the Amendment
PART 2-THE AMENDMENT
1.0 Introduction
2.0 Details of the Amendment
3.0 Implementation and Interpretation
2
2
2
2
2
4
4
4
7
I
Official Plan Amendment No. 33 2
PART 2-THE PREAMBLE
1.0 INTRODUCTION
This part of the Amendment entitled Part l -The Preamble, introduces the Amendment and
describes the context and planning process leading to the documentC, preparation. It is for
explanatory purposes only and does not fonn part of the Amendment.
2.0 PURPOSE
The purpose of this amendment is to change the land use designation on the subject lands shown
on Schedule "A", attached hereto and fonning part of this amendment from "Rural" to "Suburban
Residential" and "Private Open Space", to establish policies for the use and removal of a holding
symbol "If' in conjunction with the land use designations of the subject lands to penni! orderly
development and to establish site specific policies to restrict: the pennitted use to residential
townhouse units, the maximum number of units to 112, the density to a maximum of2.2 units
per acre, and to regulate the pennitted uses in the private open space lands.
3.0 LOCATION
The subject lands affected by this amendment are located on the south side ofV andorf Sideroad
west of Bayview Avenue more particularly described as Part of Lots 74 and 75, Concession l
E.Y.S., known municipally as 227 VandorfSideroad.
4.0 BASIS OF THE AMENDMENT
Council has enacted this amendment in response to the following:
4.1 The subject property is the last remaining parcel of Deferral No. 17 in the Town of Aurora
Official Plan. The original Deferral No. 17 included the southwest corner of Bayview
Avenue and V andorf Sideroad. The other lands in Deferral No. 17 were approved for
Suburban Residential and Public Open Space as ofNovember 7, 1994 and subsequently
had the deferral lifted. Deferral No. 17 deferred the future land use on the property
pending further studies or Secondary Plans being completed to provide more detailed
planning for policy direction. Studies completed and submitted to date have been
reviewed by departments and agencies and are satisfactory to support the lifting of the
deferral status from the subject lands.
4.2 The "Special Study Area and Secondary Planning Areas " policies in the Section 4.2.2 of
the Official Plan require detailed plans or guidelines for an area or issue within the Plan
and are based on extensive research, analyses and assessments. Studies completed and
submitted to date have been reviewed by departments and agencies. Council has
detennined that the proposed changes in land use are appropriate for the subject site.
4.3 The Town of Aurora Growth Management Study, Official Plan Amendment No. 17, as
approved by the Regional Municipality of York August 28, !998 and through Regional
Official Plan Amendment No. 3 included the Yonge Street South Area within the urban
Official Plan Amendment No. 33 3
envelope and outlined policies for the evaluation of Secondary Plan(s) for the Yonge
Street South Area.
4.4 Official Plan Amendment (file D09·04-99) and Rezoning (file Dl4-05-99) applications
have been submined to the Town of Aurora to permit a residential condominium
townhouse development with a maximum of 112 onits on 50.4 acres (20.39 ha) for a
maximum density of2.2 onits per acre (5.4 onits per hectare) with private open space.
4.5 The subject lands are excluded from the Y onge Street South Secondary Plan area in
accordance with Council Resolution #17, Aprill4, 1999.
4.6 The subject lands are subject to the Y onge Street South Urban Expansion Area Master
Servicing Study. Resolution of Development Charges will occur through finalization of
the "Master Servicing Plans" for the Y onge Street South Secondary Plan Area. Servicing
allocation will occur when the Development Charges Study is complete.
4. 7 The proposed "Private Open Space" is an extension of the public open space to the east,
northeast and southeast and recognizes the connection of the tributary on the subject site
as part of the Holland River-East Branch system. Comments received from the Ministry
of Natural Resources through the Ministry of Monicipal Affairs indicate that a road
crossing of the watercourse/valley land is acceptable. Details of the location and design
will be addressed through the site plan approval process and the required agency permits.
4.8 The policies contained herein shall be implemented by way of a site specific zoning by-
law, which by-law may regulate the size and location of specific onits and blocks,
landscaping, setbacks, height, private amenity space, private open space and the use of
Holding "H'' Provisions.
Official Plan Amendment No. 33 4
PAR'f·2 ! THE AMENDMENT
1.0 INTRODUCTION
All of this part of the document entitled Part 2 -The Amendment, consisting of the following
text and attached maps, designated Schedule "A" (Land Use Plan), Schedule "H'' (Site Specific
Policy Areas) and Schedule "AI" (Revised Site Development Plan) constitutes Amendment No.
33 to the Official Plan for the Town of Aurora.
2.0 DETAILS OF THE AMENDMENT
The Official Plan of the Town of Aurora is hereby amended as follows:
Item (I): The area indicated on Schedule "A"-Land Use Plan, attached hereto and forming
part of this amendment, being Part of Lots 74 and 75, Concession I E.Y.S., known
municipallY. as 227 V andorf Sideroad, are hereby redesignated from "Rural" to
"Suburban Residential" and "Private Open Space".
Item (2): That Schedule "H'' -Site Specific Policy Areas, is hereby amended to include and
reference the subject lands as 3.1.4.s, as shown on Schedule "H'' attached hereto and
forming part of this amendment.
Item (3): Section 3.1.4 -Residential, Housing: Urban, Suburban, Estate Residential, Supply,
Site Specific Policy Areas, is hereby amended by adding the following as Section
3.1.4.s:
Item (4) That Schedule "AI" to this Amendment-Revised Site Development Plan dated
April II, 2000, attached hereto and forming part of this amendment, is added to the
Official Plan
The following policies apply to the lands designated "Suburban Residential" and "Private Open
Space" being Part of Lots 74 and 75, Concession I E.Y.S., known municipally as 227 Vandorf
Sideroad as shown on Schedule "A", "AI" and "H'' attached hereto and forming part of this plan.
i) The lands may be developed for a maximum of 112 residential townhouse units on 50.4
acres for a maximum density of 2.2 units per acre and shall be on full urban seivices to
be accessed by a private road as set out on Schedule "AI".
ii) The site plan agreement and site specific zoning provisions shall provide for the
implementation of effective measures to ensure compatibility with, and to mitigate the
effects of, development on existing residential lands surrounding the site. The
development shall incorporate measures such as fencing, landscaping, construction
materials, heights, and setbacks as considered appropriate by the Town of Aurora to
ensure adequate screening between the proposed and existing residential uses. The site
plan for the development shall ensure high standards in the conceptual design of the
buildings, their massing and siting. In order to obtain this the conditions of site plan
Official Plan Amendment No. 33 5
agreement shall require that a controlling architect is to retained by the Town and the cost
of such shall be borne by the applicant.
iii) The implementing Zoning By-law and Site Plan Agreement shall provide for the
following:
• minimum setbacks of 40 metres from the south line to building envelopes and along
the west property line for the distance of a minimum 413 metres from the south west
comer of the subject site.
• The maximum height of buildings along the westerly side of the property as shown
in dark shading on Schedule "AI" shall be no greater than I 1/2 stories and
furthermore that these units will not have walkout basements. The clusters of
townhouses along both the westerly and southerly property lines will have the
maximum number of units in a row as set out on Schedule "AI".
• Landscaping shall be provided so that all deciduous trees have minimum heights of
4 metres and conifers have minimum heights of2 metres. Additional plaotings will
be included in clusters along the west property line to screen the rear yards of all
units from the golf course to provide privacy for residents aod golfers as set out on
Schedule "AI". This will include moving the planting areas to the east to better
achiev~ screening.
• Laodscaping shall be provided at the extreme south west comer of the site in two
clusters to ensure screening of the 10• T-box of the golf course to the west from the
residential units in this area as set out on Schedule "AI". These clusters ofplaoting
will be comprised of similar larger planting stock (2 metres for conifers aod 4 metres
for deciduous trees) as other screening areas and be planted on either side of the
natural swale that drains the area.
• Notice to purchasers shall be required in all offers of purchase and sale for
townhouse units abutting the Beacon Hall Golf Course indicating that occasionally
· golf balls may stray onto their property.
• The site plan agreement shall include obligations to register restrictive covenants on
title to the property prohibiting the construction or installation of any buildings and
structures including sheds, gazebos, swimming pools or satellite devises in excess
of 61 em (24 inches) in diameter within the rear yards of units abutting the golf
course (including those for which no building permit is required).
• Along the south end of the property, the natural buffer area of 170 metres will be
delineated by means of a "living fence" that be planted in accordance with the detail
set out in Schedule "AI". This area will be zoned as environmental protection and
pennitted to naturally regenerate. A "Homeowners Manna!" will be prepared for all
new residents of the development to encourage careful management of the natural
areas and appropriate homeowner landscape improvements.
Official Plan Amendment No. 33 6
• All trees planted within the landscape areas of the site shall be native species.
Restrictive covenants and zoning will be employed to protect natural areas around
the periphery of the site and adjacent to the valley land. The "on-line" pond
currently on the site shall be removed to improve the water tempemture in the cold
water stream.
• The recommendations contained within the reports by V alcoustics Canada Ltd.
dated February 24 and February 25, 2000 in their final report of noise and vibmtion
undertaken for the property as approved by the Town of Aurom shall also be
complied with.
iv) To reduce its impact on the golf course, the road that crosses the wetland area and
tributary shall be moved as far to the east as reasonably possible, subject to addressing the
environmental impacts on the seepage areas and the removal of vegetation. The new
aligruTient shall stay as far west as possible _in order to keep impacts to the wetland to a
minimum and maintain as much natural wetland habitat as possible. Any relocation shall
be to the satisfaction of the Ministry ofNatural Resources and the Town of Aurora. The
road shall not interfere with the function of the seepage discharge areas or have a negative
impact downstream. Reasonable, non-structural mitigation measures arising from any
relocation of the roadway shall be undertaken in the way of compensation plantiog to be
specified in the site plan agreement.
The landacaping adjacent to the crossing on the west side of the road shall be augmented
so as to screen the north south alignment of the road from the golf course to the Town of
Aurom' s satisfaction. "This area will utilize gmding in chamcter with the Oak Ridges
Momine and be planted with a combination of deciduous and coniferous trees that are
native to the Oak Ridges Momine area with minimum heights of 4 meters and 2 meters
respectively.
v) The development shall utilize pmctices which encourage groundwater infiltration and seek
additional opportunities where they can be employed throughout the site, particularly in
the north area of the site. The details of how infiltration will be maximized shall be
shown in future detailed design dmwings and shall be satisfactory to the Town of Aurom
acting reasonably. "This includes but is not limited to: open ditches; perforated pipes;
minimizing the extent of hard surface areas and maximizing the use of clean runoff from
rooftops and yards for recharge. The site plan agreement shall require registmtion of a
covenant on title and ensure that the condominiwn corporation will assume the
obligations for carrying out the following matter in an agreement between the
condominium corpomtion and the Town. The condominium declaration will require and
the condominium corporation will provide to each unit owner for an ownership education
manual addressing the benefits of environmentally sensitive, chemical free lawn care to
minimize impacts of ground related pollutants on the quality of the groundwater and the
impact of infiltration. The manual shall also include discussion on the need to maintain
pervious surfaces to allow groundwater infiltration. The ownership education manual
shall be provided to each homeowner on the initial sale and future resale of any unit.
Official Plan Amendment No. 33 7
The area impacted by construction shall be constrained to minimize soil compaction
throughout the site and particularly in areas where the more silty soils are susceptible to
compaction. Compaction will significantly reduce the infiltration capacity of the soil.
Construction envelopes shall be established during detailed design, agreed upon, and
fenced in the field. No construction equipment (including trucks, backhoes, etc) or
storage of materials shall be allowed in the fenced off areas. Contingency planning to halt
the operation of heavy machinery during and immediately following significant rain
events should be provided to minimize soil compaction.
vi) The implementing zoning by-law shall zone the valley and other environmentally
sensitive lands, including the slopes adjacent to the peripheries of the property within the
site, in a restrictive zoning category that will be aimed at maintaining the natural
ecological features and functions of the site.
vii) Landform conservation shall be practiced to maintain the character of the Oak Ridges
Moraine and minimize the impacts to this area of complex topography to the satisfaction
of the Town of Aurora. Site grading shall be minimized and the existing topography
maintained to the extent possible.
viii) The implementing zoning by-law shall require that the Townhouse blocks adjacent to
V andorf Sideroad will be set back a minimum of 30 metres from the southerly edge of the
road allowance to provide for an adequate distance separation from the legal industrial use
on the north side of the street.
ix) Fencing shall be provided along the west and south sides of the property with a 1.8 metre
black vinyl chain link fence. Along the southerly property line the fence will be installed
to approximate the property line so as to avoid destroying existing trees.
x) The emergency access will not be used for construction access excepting underground
connections and final roadway construction.
xi) The Zoning By-law Amendment will use a holding symbol "H" in conjunction with any
or all use designations and the holding symbol "H" shall not be lifted until a site plan
agreement satisfactory to the Town of Aurora to be entered into, servicing has been
allocated to the property, and, resolution of Development Charges or other charges
payable for the property through futalization of the "Master Servicing Plans" for the
Yonge Street South Urban Expansion Area Secondary Plan has been achieved.
3.0 IMPLEMENTATION AND INTERPRETATION
3.1 The implementation and interpretation of this Amendment shall be in accordance with the
respective policies of the Aurora Official Plan, Zoning By-law, Site Plan Agreement,
Development Charges By-law and any other applicable policies.
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TOWN OF AURORA OFFICIAL PLAN
LEGEND:
~ SITE S~I!CIFIC P01.ECY AA£AS SCHEDULE .H.
SITE SPECIFIC POLICY AREAS
MAP
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REVISED SITE DEVELOPMENT PLAN (112 UNITS) "
A TIACHMENT 1 (per Principles of SetUement Agreement)
WYCLIFFE ·DIAMOND
A~ll11, 2000 '
~-50 I~ " ' ' 0
SHADED DWELLING UNITS SUBJECT TO
PROVISIONS OF SECTION 2 10:
,--,
EXPLANATORY NOTE
Re: Official Plan Amendment Number 33
Official Plan Amendment affects a parcel of land located on the south side ofV andorf Sideroad,
west of Bayview Avenue known as Part of Lots 74 and 75, Concession I E.Y.S., known
mwricipally as 227 V andorf Sideroad. ·
The owners of the subject land wish to redevelop the 50.4 acres site for 112 residential townhouse
units to a maximum density of2.2 writs per acre with private open space, in accordance with a
site specific Zoning By-law 4172-00.D adopted by Council and site plan documents approved
by the mwricipality. The Amendment provides a policy framework with respect to the density
of the proposed development, definition of valley lands and open space, appmpriate use ofbuffers
to adjacent existing developments and means of site servicing
Amendment 33 redesignates the subject lands from "Rural" to "Suburban Residential" and
"Private Open Space", requires the use of a Holding Symbol "H" in conjunction with use
designations and sets out conditions to be met prior to the removal of the holding symbol in order
to best accommndate the provisions of implementing Zoning By-law 4172-00.D.
S:\Pianning\009 Official Plan Amcndmen!S\OPA:/133 • Wycliftt Diamond.doe
17/04/00 09:09:32
Filea as 0. Reg.~ 8 / I 0\.::.;:
' !
On JUt 1 9 2001 • • ..
~
Proposea On~ · ·~
Gazene date H\A9\ . OLf I 0 ( ·
REGISTRAR OF FIE'Mli.ATIOIVS
ONTARIO REGULATION
made ll!lder the
OAK RIDGES MORAINJt PROTECI10N ACT, %001
EXEMPTIONS
Land exempt from ss. I to 6
1. Tiic following land is exempt from the application of sections 1 to 6 of the Act
I. Any land that is the subject of a draft plan of subdivision and in respect of
which, on or before May 16, 2001, approval was given under subsection 51
(31) of the Planning Act but approval Wll8 not yet given under subsection 51
(58) of that Act, if an agt=nent puiSUallt to subsection 51 (26) of that Act
Wll8 entered into on or before May 16, 2001 by the municipality and the
owner of the land as a condition of the approval.
2. Any land that is the subject of a draft plan of subdivision, for which the file
l)lllllber is set out in a schedule to this Regulation, and in respect of which, on
or before May 16,2001, approval was given under subsection 51 {31) of the
Planning Acr but approval was not yet given under subsection 51 (58) of that
Act.
· 3. Any land described in a schedule to this Regulation.
11:25
..---"·~·-···· .. ···-···· . ···-~
' . ·'. I ' ,,
i ()'.,\/r.j -:_..'; :4:\
JUL ,1 0 2001
---~----------
i J\('."7:·--·· --------·------·· --·-------~··.·· --~.--,--···-···.·-"-__ _;
RECEIVED FROM:4165854245
--• .. •.;e,~if BY:Mii'i. MUNICIPAL AfFAIRS; 7-20-1 :11 :20..\M ; PUNS ADMIN. -i\.& E.~ 905T727T5025:~11!15
10
Schedule 9
I.,AND IN THE TOWN OF AURORA
L The lands zoned "Detached Dwelling First Density (H)Rl-28.Exception Zone",
"Environmental Protection (EP-13) Exception Zone" and "Open Space (0-14) Exception
Zone" on Schedule "AC" to By-law Number 4172-00..D, as amended by the Ontario
Municipal Board.
11:28 RECEIVED FRQM:4155854245 p. 11