BYLAW - Amend 221378 (Trinity Anglican) OMB - 20000310 - 406099**REVISED BY-LAW AS AMENDED BY THE
ONTARIO MUNICIPAL BOARD
Trinity Anglican
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4060-99.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 shading on Schedule
"A" attached hereto and forming part of this By-law is hereby amended from
"Institutional (I) Zone" and "Special Mixed Density Residential (RS) Zone" to
"Institutional (I-12) Exception Zone".
2) THAT Section 28 is hereby amended by adding the following as Section 28.11
"Institutional (I-12) Exception Zone".
Notwithstanding any provisions to the contrary, the lands shown zoned I-12 shall be
construed as being one lot so that the provisions of this by-law shall apply
collectively to the lands within this zone, notwithstanding their division into two or
more parcels.
Buildings A and B are further defined on Schedule "W'' attached hereto and forming
part of this by-law.
For the purposes of the I-12 zone, Victoria Street shall be deemed to be the front lot
line.
28.11.1 Uses Permitted
Building A (Church):
In accordance with Section 28.1.
Building B (Rectory):
-day care/nursery schools
-one detached dwelling unit
-one semi-detached dwelling unit
-one duplex dwelling unit
-one converted dwelling unit, having a maximum of two dwelling units within,
subject to the provisions of Section 3.42.3 and Section 14.4
-social services office
-counselling practices
-offices accessory to religious institutions associated with those located in
Building A
-religious activities associated with those located in Building A
28.11.2 Zone Requirements
28.11.2.1 Lot Specifications
In accordance with Section 28.2.1.
28.11.2.2 Siting Specifications
Building A (Church):
Front Yard (minimum):
Rear Yard (minimum):
Side Yard (minimum):
Exterior Side Yard (minimum):
Building B (Rectory):
Front Yard (minimum):
Rear Yard (minimum):
Side Yard (minimum):
Exterior Side Yard (minimum):
28.11.2.3 Building Specifications
In accordance with Section 28.2.3
28.11.3 Parking Location
2.5 metres
60.0 metres
5.5 metres
7.0 metres
75.0 metres
17.0 metres
14.0 metres
30.0 metres
Notwithstanding the provisions of Section 6.26, the minimum number of parking
spaces shall be 58 while the minimum size of a parking space shall be 2. 7 metres
by 4.6 metres for a maximum offour spaces located on the lands.
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 DAY of '1999.
READ A THIRD TIMEANDFINALLYPASSED THIS DAY OF , 1999.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
** BY-LAW APPROVED PURSUANT TO ONTARIO MUNICIPAL
BOARD DECISION/ORDER No. 0364 ISSUED ON MARCH 10,
2000; and,
ENDORSED BY AURORA TOWN COUNCIL PURSUANT TO
PLANNING REPORT No. PL00-026 AND RESOLUTION FROM
FEBRUARY 23, 2000 MEETING OF COUNCIL.
TOWN OF AURORA
. THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lots 1, 2 and 3, Plan 68
79 Victoria Street, 44 Metcalfe Street
SUBJECT LANDS REZONED FROM I AND R5 TO 1-12
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THIS IS SCHEDUL.E "A"
TO BY-LAW NO. 4060-99.D
PAS.SED THIS DAY
OF ____ 1999
CLERK
MAYOR
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SCHEDULE "A" TO BY-LAW NO. 4060-99.0
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TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lots 1, 2 and 3, Plan 68
79 Victoria Street, 44 Metcalfe Street .
THIS IS SCHEDULE "W"
TO BY-LAW NO. 4060-99.D
PASSED THIS DAY
OF ____ 1999
CLERK
MAYOR
I
BUILDING B /:
(Rectory) ,,
BUILDING A
1'------(Church)
, I
___,_ -4---___ _j_L
ME:1CALF[ STRUT
SCHEDULE "W" TO BY-LAW NO. 4060-99.0
Explanatory Note
Re: Zoning By-law Number 4060-99.D
.. By-law 4060-99.0 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 Lots 1, 2 and part of Lot 3, Registered Plan 68, and municipally known as 79 Victoria
Street and 44 Metcalfe Street, from "Institutional (I) Zone" and "Special Mixed Density Residential
· "(RS) Zone" to "Institutional (I-12) Exception Zone". The purpose of the amendment is to permit the
construction of new worship space in conjunction with related parking. Permitted uses have been
defined for both the church building and the rectory, in co~unction with specific siting
specifications for both structures. The total number of parking spaces located on the lands shall be
a minimum of 58.
WELLINGTON STREET EAST
VANDORF SIDEROAD
ISSUE DATE: .un . ..-. SERVICES DEPT.
l:OJJIES CIRCULATED TO:
Mar. 10, 2000
DECISION/ORDER NO.
0364
· · ·. . Commission des ~aires ~~~~.;~. ~~~~j~
Robert Raymond Leon~rd and Susan Aan Le~Ha!J aftO ~glas CharleSc Garland and Patricia
Wendy Garland, and Angelo Joseph ~;r~v.e,..~ppealed to the Ontario Municipal Board under
subsection 34(19) of the Planning Act, R.S.O'. ~~mf~· as amended, against Zoning By-law
4060-99.D of the Town of Aurora · '
OMB Filer c R990152
Douglas Garland, Nicola Cervone, Angelo Greco and others have appealed to the Ontario
Municipal Board under subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended,
from a decision of the Town of Aurora to .approve Proposed Amendment No. 29 to the Official
Plan for the Town of Aurora
Town's File No. D09-11-99
OMB File No. 0000009
APPEARANCES:
Parties
Robert Raymond Leonard,
Susan Ann Leoiiard,
Douglas Charles Garland,
Patricia Wendy Garland,
Angelo Joseph Greco
Nicola Cervone and others
Town of Aurora
The Incorporated Synod of the
Diocese of Toronto
Counsel* or Agents
M. Larkin
K.T. Rosenberg* and
L. Knox*
Brian G. Armstrong*
MEMORANDUM OF ORAL DECISION DELIVERED BY W.R.F. WATTY
ON FEBRUARY 29, 2000 AND ORDER OF THE BOARD
· The Board is advised that the parties have arrived at a settlement of the matters
under appeal and are in a position to present to the Board, on consent, a revised by-law
for endorsement by its order. On the evidence of Ms Susan Siebert, director of planning
for the Town, it is submitted as follows:
J
-2~ PL990647
1) That Official Plan Amendment No. 29 for the redesignation of lands
municipally known as 79 Victoria Street and 44 Metcalfe Street in the Town
of Aurora, which are curr""entlyused as a place ofworsliip and as a rectory,
be permitted as adopted by Council. The redesignation is from "Urban
Residential" to "Institutional" designation.
2) That the subject Zoning By-law No. 4060-990 which rezones the subject
. lands from "Institutional (I) Zone" and "Special Mixed Density Residential
(R5) Zone" to "Institutional (1-12) Exception Zone" be amended by reducing
the range of permitted uses in the rectory portion (Building B) of the
amendment area.
Further, it is submitted that certain criteria and regulations contained in the by-law
amendment be deleted as more properly the subject for subsequent municipal approvals.
On this basis, given the consent of all parties and the persuasive professional
opinion that the revised amendment represents good planning and conforms with the
planning policies of the Town, the Board orders that the appeals of Official Plan
Amendment No. 29 are dismissed and the said amendment is approved. Further, the
Board orders that the appeals of By-law 4060-990 are allowed in part and this By-law is
amended as included in Attachment 1 to this decision.
In view of the effect of the By-law to reduce the range of permissible uses and to
defer approvals of related regulatory provisions, the Board finds that a re-circulation of the
amended byelaw is not required.
~ ilu--£2L~~\ ~:::r~.R.F. WATIY v),
MEMBER
ATTACHMENT 1 PL990647
TrinitJ Anglican
THE CORPORATION OF THE TOWN OF AURORA
BJ~law Number 4060-99.D
BEING A IiY"LA W to amend
B~law No. 2213-78
:
WHEREAS it is deemed advisable to amend By-law nwnber 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 shading on Schedule "A" attached
hereto and forming pan of this By-law is heteby amended from .. Institutional (1) Zone'' and
.. Special Mixed Density Residential (RS) Zone" to .. Institutional (1-12) Exception Zone ...
2) THAT Section 28 is hereby amended by adding the following as Section 28.11 .. Institutional
(1-12) Exception Zone".
Notwithstanding any provisions to the contrary, the lands shown zoned 1-12 shall be
construed as being one lot so that the provisions of this by-law shall apply collectively to the
lands within this zone, notwithstanding their division into two or more parcels.
Buildings A and B are further defined on Schedule .. W" attached hereto and forming pan of
this by-law.
For the purposes of the 1-12 zone, Victoria Street shall be deemed to be the front lot line.
28.11.1 Uses Permitted
Building A !Church):
In accordance with Section 28.1.
Building B (Recton•):
-day c'are/nursery schools
-one detached dwelling unit
• one semi-detached dwelling unit
-one duplex dwelling unit
-one convened dwelling unit, having a maximum of two dwelling units within,
subject to the provisions of Section 3.42.3 and Section 14.4
-social services office
-counselling practices
-offices accessory to religi~us institutions associated with those located in
Building A
-religious activities assodated with those located in Building A
28.11.2 Zone Requirements
28.Ji.2.1 Lot Specifications
In accordance with Section 28.2.1.
i -II
~I
28.1!.2.2 Siting Specifications
Building A <Church):
Front Yard (minimum): ,
Rear Yard (minimum):
Side Yard (minimum):
Exterior Side Yard (minimum):
· Building B (Rectorvl:
Front Yard (minimum):
Rear Yard (minimum):
Side Yard (minimum):
Exterior Side Yard (minimum):
28.11.2.3 Building Specifications
In accordance with Section 28.2.3
28.11.3 Parking Location
.:
2.5 metres
60.0 metres
s.s'metres
7.0 metres
75.0 metres
17.0 metres
14.0 metres
30.0 metres
Notwithstanding the provisions of Section 6.26, the minimum number of parking
spaces shall be 58 while the minimum size of a parking space shall be 2. 7 metres
by 4.6 metres for a maximum of four spaces located on the lands.
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 FlRSTAl\'D SECOND TIME THIS DAY OF
READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
T. JONES. 111A YOR B. PANNIZA,
MUNICIPAL CLERK
'1999.
'1999.
I
I
I
TOWN OF AURORA THIS IS SCHEDULE "A"
TO BY-LAW NO. 4060·99.0
THE REGIONAL MUNICIPALITY OF YORK
PASSED THIS DAY
LOCATION: Lots 1. 2 and 3, Plan 68
79 Victoria Street. 44 Metcalfe Street
OF ____ 1999
;: CLERK
MAYOR
SUBJECT LANDS REZONED' FROM I AND RS TO 1·12
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SCHEDULE "A" TO BY·LAW NO. 4060-99.0
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TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lots 1. 2 and 3, Plan 68
79 Victoria Street, 44 Metcalfe Street
BUILDING A
(Church)
M£1CALfE S1111U:1
THIS IS SCHEDULE "W"
TO BY-LAW NO. 4060·99.D
PASSED THIS DAY
OF ____ 1999
CLERK
MAYOR
BUILDINGB
(Rectory)
SCHEDULE 'W' TO BY-LAW NO. 4060-99.0
Explanatory Note
Re: Zoning By-law Number 4060-99.D
By-law 4060-99.0 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 Lots I, 2 and pan of Lot 3, Registered Plan 68, and municipally known as 79 Victoria
Street and 44 Metcalfe Sl!Cet, from "Institutional {I) Zone" and "Special. Mixed Density Residential
(R5) Zone" ).0 "Institutional (I-12) Exception Zone". The purpose of the amendment is to pemtit the
construction of new worship space in conjunction with related parking. Permitted uses have been
defined for both the church building and the rectory, in conjunction with specific siting
specifications for both structures. The total number of parking spaces located on the lands shall be
a minimum of 58.
VANDORF
WELLINGTON
I
EN HARD
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COUSIHS OAIW: .....
STREET EAST
SlDEROAD
TOWN OF AURORA
EXTRACT FROM PUBLIC PLANNING MEETING NO.
06-00 HELD ON WEDNESDAY, FEBRUARY 23, 2000
3. PL00-026 -Site Plan Application
Trinity Anglican Church
Part of Lots 1 and 2, Plan 65R-16015
79 Victoria Street
File: 011-01-99
Moved by Councillor West Seconded by Councillor Hartwell
THAT Council endorse the changes made to the site plan document for
Trinity Anglican Church in respect of access and landscaping;
THAT Council endorse the changes made to By-law 4060-99.0 in
reducing the range of permitted uses for the Rectory Building as shown
in the revised by-law attached to Planning Report PL00-026; and,
THAT staff be authorized to finalize the details to allow for a settlement
amongst all parties involved in order to eliminate or reduce significantly
the scale of the Ontario Municipal Board Hearing scheduled for February
29, 2000.
CARRIED
Members of Council expressed appreciation to Planning staff, the applicant and the
local residents for their efforts in resolving the outstanding issues related to this
matter.
ACTION DEPT. _Planning -=----=----
.INFO DEPT .. _______ _
OTHER B. Hant
TOWN OF AURORA
. COUNCIL REPORT
SUBJECT: Site Plan Application
Trinity Anglican Church
Part of Lots 1 and 2, Plan 65R-16015
79 Victoria Street
011-01-99
FROM: Sue Seibert, Director of Planning
DATE: February 23, 2000
RECOMMENDATIONS
No. PL00-026-
THAT Council endorse the changes made to the site plan document in respect of
access and landscaping;
That Council endorse the changes made to By-law 4060-99.0 in reducing the range
of uses permitted for the Rectory Building; and
That staff be authorized to finalize the details to allow for a settlement amongst all
parties involved in order to eliminate or reduce significantly the scale of the Ontario
Municipal Board Hearing scheduled for February 29, 2000.
BACKGROUND
The subject lands are located at the northeast corner of Victoria Street and Metcalfe Street.
On June 3 1999, Council gave third reading to implementing By-law 4063-99.0 in addition
to authorizing the Mayor and Clerk to enter into a site plan agreement with the applicants
to allow for the construction of a building expansion including related parking and
landscaping. The By-law, along with a related Official Plan Amendment, has since been
appealed to the Ontario Municipal Board by area residents, a matter that is to be heard on
February 29, 2000. Council at its meeting of February 8, 2000 adopted a revised site plan
agreement respecting the subject lands to address a number of issues as raised by the
church .
. COMMENTS
Over the past week, staff and our legal team have met on several occasions with both
representatives of the church and the appellants to try and reach a settlement on issues
February 23, 2000 -2-Report No. PL00-026
as identified with the hope of avoiding a Board hearing. To this end, it appears that a
settlement has been achieved and the issues resolved to the satisfaction of all parties
involved. The following is a briefoutline of the changes made to the plans, or information
· that was conveyed to the appellants to their satisfaction by either members representing
the church or Town.
• Rectory Uses: Agreement has been reached respecting the uses that will be permitted
within the rectory. All office or commercial related uses have been eliminated as
permitted uses, leaving certain residential uses (a maximum of two units of any form),
nursery schools, social services and counselling practices, and offices and religious
activities associated with the neighbouring church building. Uses as previously
determined for the church building have not changed with the anticipation that
restrictions imposed on other churches within the community would be the same as
those enforced for Trinity (see attached draft by-law for details).
• Property Access and Traffic Circulation: The plan will be revised to reflect a traffic
pattern that will result in a one-way in access point from Metcalfe Street and a one-way
out access point to Victoria Street. The Metcalfe entrance will be narrowed from 7.5 m
(24.6 ft) to 4.0 m (13.1 ft) while the throat of the Victoria access will be widened to allow
for both north and south bound turning movements.
• On-Street Parking: It is recommended that current parking restrictions on both Metcalfe
and Victoria Streets remain as is. The matter could be reviewed at a later date once the
church has been completed and operating if problems persist.
• Condenser Units: In respect of concerns raised for condenser units to be located on the
south side of the existing building, the appellants were advised of the measures being
taken to ensure noise would not be emitted. This includes the construction of a 1.8 m
(6 ft) solid wooden sound barrier with noise baffles attached to both the wall and fence,
capped by a roof. Plantings are proposed for the exterior of the wall to provide some
aesthetic relief.
• Lighting: The plan as approved by Council respecting lighting details has not changed.
The location, form and level of lighting to be provided was agreed upon by all parties.
It was acknowledged that as the landscaping matures, the level of lighting will become
somewhat more diffused.
• Landscaping: Likewise, the plan for landscaping as approved by Council has not
changed with the exception that the height for all coniferous trees to be planted within
the buffer area along Metcalfe Street (fifteen in total) will be increased from 1.5 m (4.9
ft) to 2.0 m (6.6 ft).
February 23, 2000 -3-Report No. PL00-026
• Trinity Anglican Sign: The church has agreed, upon the commencement of construction,
to turn off and ultimately remove the current back-lit sign at the intersection of Metcalfe
and Victoria Streets. It may be replaced with a new front-lit sign either in the current
· location or at a point along Victoria Street.
OPTIONS Not Applicable.
· / CONCLUSIONS
Given the agreement in principle reached respecting the subject development, staff will
now endeavour to have a consent order signed by all parties reflecting the information
described above that will be presented to the Board. With that step occurring, it is
anticipated the Hearing will be essentially administrative in nature. Revised site plan
documents will then be required from the applicant to reflect the changes agreed to.
Accordingly, staff are recommending that Council endorse the changes necessary to the
plan, in addition to the revised range of uses proposed for the implementing by-law.
FINANCIAL IMPLICATIONS Not Applicable.
LINK TO STRATEGIC PLAN
The Strategic Plan has goals of attracting new business and employment opportunities
while ensuring that growth is well planned and moderate. The continued processing of a
site plan application, while having regard for all issues involved, will assist in furthering
these goals.
ATTACHMENTS
Figures
Figure 1 -Location Plan
Proposed By-law
PRE-SUBMISSION REVIEW
C.A.O. Review February 23, 2000
Prepared by: Rob Hughes, ext. 346
~A
Director of Planning
'·······-···----·•···········
EDWARD
td~/1 E ALLAURA . .1)
VANDORF
LOCATION PLAN
APPLICANT: TRINITY ANGLICAN CHURCH
FILE: 014-25-98
AURORA PLANNING DEPARTMENT
N.T.S.
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SIDEROAD
FIGURE 1
---
T rinit~· Anglican
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 406()..99.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 categoty applying to the lands shown in shading on Schedule "A" attached
hereto and forming pan of this By-law is hereby amended from "Institutional (I) Zone' a.nd
"Special Mixed Density Residential (R5) Zone" to "Institutional (1-12) Exception Zone··.
2) THAT Section 28 is hereby amended by adding the follo"ing as Section 28.11 "Institutional
(1-12) Exception Zone".
Notwithstanding any provisions to the contraty, the lands shown zoned 1-12 shall be
construed as being one lot so that the provisions of this by-law shall apply collectively to the
lands within this zone. notwithstanding their division into two or more parcels.
Buildings A and Bare further defined on Schedule "W'' attached hereto and forming pan of
this by-law.
For the purposes of the 1-12 zone. Victoria Street shall be deemed to be the. front lot line.
28.11.1 Uses Permitted
Building A (Church):
In accordance with Section 28.1.
Building B (Rectorv):
-day carelnurser:y schools
-one detached dwelling unit
-one semi-detached dwelling unit
-one duplex dwelling unit
-one converted dwelling unit, having a maximum of two dwelling units within,
subject to the provisions of Section 3.42.3 and Section 14.4
-social services office
-counselling practices
-offices accessory to religious institutions associated with those located in
Building A
-religious activities associated with those located in Building A
28.11.2 Zone Requirements
28.11.2.1 Lot Specifications
In accordance with Section 28.2.1.
-------------------------~-----------------~--------------~---
28.11.2.2 Siting Specifications
Building A (Church):
Front Yard (minimwn):
Rear Yard (minimwn):
Side Yard (minimwn):
Exterior Side Yard (minimwn):
Buildine B <Rector.•):
Front Yard (minimwn):
Rear Yard (minimwn):
Side Yard (minimwn):
Exterior Side Yard (minimwn):
28.11.2.3 Building Specifications
In accordance with Section 28.2.3
28.11.3 Parking Location
2.5 metres
60.0 metres
5.5 metres
7.0 metres
75.0 metres
17.0 metres
14.0 metres
30.0 metres
Notv.ithstanding the provisions of Section 6.26. the minimwn nwnber of parking
spaces shall be 58 while the minimwn size of a parking space shaH be 2. 7 metres
by 4.6 metres for a maximwn of four spaces located on the lands.
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 DAY OF
READ A THIRD TIMEANDFINALLYPASSED THIS DAY OF
T. JONES, MAYOR L.ALLISON,
MUNICIPAL CLERK
'/999.
'1999.
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lots 1, 2 and 3, Plan 68
79 Victoria Street, 44 Metcalfe Street
SUBJECT LANDS REZONED FROM I AND RS TO 1-12
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R5~18
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THIS IS SCHEDUL.E "A"
TO BY-LAW NO. 4060-99.D
PASSED THIS DAY
OF ____ 1999
CLERK
MAYOR
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SCHEDULE "A" TO BY-LAW NO. 4060-99.0
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TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
. LOCATION: Lots 1, 2 and 3, Plan 68
-
79 Victoria Street, 44 Metcalfe Street .
BUILDING A
1'---··-(Church)
NUCALFE STRUT
--~----·-------------------·
THIS IS SCHEDUl-E "W"
TO BY-LAW NO. 4060-99.D
PASSED THIS DAY
OF ____ 1999
CLERK
MAYOR
I
BUILDING B I :
(Rectory) { /
: !
SCHEDULE "W" TO BY-LAW NO. 4060-99.0
Explanatory Note
Re: Zoning By-law Number 4060-99.D
.. By-Jaw 4060-99.0 has the following purpose and effect:
To amend By-Jaw 2213-78, the Zoning By-law in effect in the Town of Aurora to rezone the subject
lands, being Lots 1, 2 and part of Lot 3, Registered Plan 68, and municipally known as 79 Victoria
Street and 44 Metcalfe Street, from "Institutional (I) Zone" and "Special Mixed Density Residential
(RS) Zone" to "Institutional (1-12) Exception Zone". The purpose of the amendment is to permit the
construction of new worship space in conjunction with related parking. Permitted uses have been
defined for both the church building and the rectory, in conjunction with specific siting
specifications for both structures. The total number of parking spaces located on the lands shall be
a minimum of 58.
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Trinity Anglican
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4060-99.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:
I) THAT the zoning category applying to the lands shown in shading on Schedule "A" attached
hereto and forming part of this By-law is hereby amended from "Institutional (I) Zone" and
"Special Mixed Density Residential (RS) Zone" to "Institutional (I -12) Exception Zone".
2) THAT Section 28 is hereby amended by adding the following as Section 28.11 "Institutional
(I-12) Exception Zone".
Notwithstanding any provisions to the contrary, the lands shown zoned I-12 shall be
construed as being one lot so that the provisions of this by-law shall apply collectively to the
lands within this zone, notwithstanding their division into two or more parcels.
Buildings A and B are further defined on Schedule "W" attached hereto and forming part of
this by -law.
For the purposes of the I-12 zone, Victoria Street shall be deemed to be the front lot line.
28.11.1 Uses Permitted
Building A (Church):
In accordance with Section 28.1.
Building B (Rectory):
-offices that may include but are not limited to an accountant, insurance agent,
surveyor, social services, engineer, lawyer, architect, real estate, counselling
practices and offices accessory to religious institutions but excluding, data and
word processing, medical, dental, drugless practitioner, optometrist, chiropractor
and naturopathy practices
-day care/ nursery schools
-commercial schools
-home occupation
-a maximum of three dwelling units subject to the provisions of Section 7.4
-religious activities associated with those located in Building A
For the purposes of the I-12 zone, the following provisions shall apply to those
uses permitted within Building B:
a) There shall be no exterior evidence of the occupation being conducted
therein.
b) There shall be no outside storage of materials, commodities or finished
products.
c) There shall be no mechanical equipment used except where ordinarily used
for domestic purposes.
28.11.2
28.11.2.1
28.11.2.2
28.11.2.3
28.11.3
d) Not more than three persons shall be employed at any one time.
e) There shall be no display, other than a non-illuminated legal sign, to indicate
to persons outside that any part of the structure or lot is being used for uses
as permitted.
f) No goods, wares or merchandise, shall be publicly offered or exposed for sale
on the premises.
g) Hours of operation for all premises shall be limited to between 8:00a.m. and
8:00p.m.
Zone Requirements
Lot Specifications
In accordance with Section 28.2.1.
Siting Specifications
Building A (Church):
Front Yard (minimum):
Rear Yard (minimum):
Side Yard (minimum):
Exterior Side Yard (minimum):
Building B (Rectory):
Front Yard (minimum):
Rear Yard (minimum):
Side Yard (minimum):
Exterior Side Yard (minimum):
Building Specifications
In accordance with Section 28.2.3
Parking Location
2.5 metres
60.0 metres
5.5 metres
7.0 metres
75.0 metres
17.0 metres
14.0 metres
30.0 metres
Notwithstanding the provisions of Section 6.26, the minimum number of parking
spaces shall be 58 while the minimum size of a parking space shall be 2.7 metres
by 4.6 metres for a maximum of four spaces located on the lands.
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 28'• DAY OF APRIL, I999.
READ A THIRD TIME AND FINALLY PASSED THIS 3'• DAY OF JUNE, 1999.
L.AD ISON,
MUNICIPAL CLERK
I
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lots 1, 2 and 3, Plan 68
79 Victoria Street, 44 Metcalfe Street
SUBJECT LANDS REZONED FROM I AND RS TO 1-12
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TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lots 1, 2 and 3, Plan 68
79 Victoria Street, 44 Metcalfe Street
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THIS IS SCHEDULE "W"
TO BY-LAW NO. 4060-99
PASSED THIS ~DAY
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BUILDING B I :
(Rectory) { J
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BUILDING A
JL--.. -(Church)
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METCALFE STREET
SCHEDULE "W" TO BY-LAW NO. 4060-99.0
Explanatory Note
Re: Zoning By-law Number 4060-99.D
By-law 4060-99.0 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 Lots 1, 2 and part of Lot 3, Registered Plan 68, and municipally known as 79 Victoria
Street and 44 Metcalfe Street, from "Institutional (I) Zone" and "Special Mixed Density Residential
(RS) Zone" to "Institutional (I -12) Exception Zone". The purpose of the amendment is to permit the
construction of new worship space in conjunction with related parking. Permitted uses have been
defined for both the church building and the rectory, in conjunction with specific siting
specifications for both structures. The total number of parking spaces located on the lands shall be
a minimum of 58.
'"' WELLINGTON STREET EAST
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AP P R 0 XI MATE l OC A Tl ON I--':J"ISL.E04--,:..j~~ OF SUBJECT LANDS
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100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Tel: (905) 727-1375
Web: www.town.aurora.on.ca
AFFIDAVIT UNDER SECTION 34(22) OF THE PLANNING ACT (1990)
I, Bob Panizza, hereby certify that the notice for By-law No. 4060-99.D of the Corporation of the
Town of Aurora, passed by the Council of the Corporation on the 3rd day of June, 1999, was
given on the 11th day of June, 1999, in the manner and form and to the persons prescribed by
Ontario Regulation 199/96, as amended, made by the Lieutenant Governor-in-Council under
Subsection (18) of Section 34 of The Planning Act (1990). I also certify that By-law No. 4060-
99.D was appealed to the Ontario Municipal Board by a number of area residents within the
required 20-day appeal period. I further certify that the Board allowed the said appeals, in part,
and ordered that By-law No. 4060-99.D be amended in accordance with Attachment 1 to
Decision/Order No. 0364 issued by the Board on March 10, 2000.
Dated this 4th day of April, 2000.
Bob rarrrzza,
Town Clerk
Corporate Services/D14Zoning/Applications-Active!Dl4-25-98TrinityChurch/FinalAjfidavit-By-law4060-99D.doc
ISSUE DATE:
Mar. 10, 2000
DECISION/ORDER NO.
0364.
SERVICES DEPT.
"nn''"'" CIRCULATED TO:
· . . Commission des ~aires .
Robert Raymond Leonard ~nd Susan Allll Lelf$ta!J, aftO ~glas Charles_ Garland and Patricia
Wendy Garland, and Angelo Joseph ~ftl~v.e ~ppealed to the Ontario Municipal Board under
subsection 34(19) ofthe Planning Act, R.S.O~~~iijt~' as amended, against Zoning By-law
. 4060-99.D of the Town of Aurora · ' .
OMB File No. R990152
Douglas Garland, Nicola Cervone, Angelo Greco and others have appealed to the Ontario
Municipal Board under subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended,
from a decision of the Town of Aurora to approve Proposed Amendment No. 29 to the Official
Plan for the Town of Aurora
Town's File No. D09-11-99
OMB File No. 0000009
APPEARANCES:
Parties
Robert Raymond Leonard,
Susan Ann-Leonard,
Douglas Charles Garland,
Patricia Wendy Garland,
Angelo Joseph Greco
Nicola Cervone and others
Town of Aurora
The Incorporated Synod of the
Diocese of Toronto
Counsel* or Agents
M. Larkin
K.T. Rosenberg* and
L. Knox*
Brian G. Armstrong*
MEMORANDUM OF ORAL DECISION DELIVERED BYW.R.F. WATTY
ON FEBRUARY 29, 2000 AND ORDER OF THE BOARD
The Board is advised that the parties have arrived at a settlement of the matters
under appeal and are in a position to present to the Board, on consent, a revised by-law
for endorsement by its order. On the evidence of Ms Susan Siebert, director of planning
for the Town, it is submitted as follows:
-2-PL990647
1) ·That Official Plan Amendment No. 29 for the redesignation of lands
municipally known as 79 Victoria Street and 44 Metcalfe Street in the Town
of Aurora, which are currently used as a place of worship and as a rectory,
be permitted as adopted by Council. The redesignation is from "Urban
Residential" to "Institutional" designation.
2) That the subject Zoning By-law No. 4060-990 which rezones the subject
lands from "Institutional (I) Zone" and "Special Mixed Density Residential
(R5) Zone" to "Institutional (1-12) Exception Zone" be amended by reducing
the range of permitted uses in the rectory portion (Building B) of the
amendment area ..
Further, it is submitted that certain criteria and regulations contained in the by-law
amendment be deleted as more properly the subject for subsequent municipal approvals.
On this basis, given the consent of all parties and the persuasive professional
opinion that the revised amendment represents good planning and conforms with the
planning policies of the Town, the Board orders that the appeals of Official Plan
. Amendment No. 29 are dismissed and the said amendment is approved. Further, the
Board orders that the appeals of By-law 4060-990 are allowed in part and this By-law is
amended as included in Attachment 1 to this decision.
In view of the effect of the By-law to reduce the range of permissible uses and to
defer approvals of related regulatory provisions, the Board finds that a re-circulation of the
amended by-law is not required.
! ilo-£2L~~'\ ~0~.R.F. WATTY v),
MEMBER
ATTACHMENT 1 PL990647
TrinitJ Anglican
THE CORPORATION OF THE TOWN OF AURORA
By-l11w Number 4060-99.D
BEING A BY-LAW to 11mend
By-/11w No. 2213-78
·wHEREAS it is deemed advisable to amend By-law number 2213-78.
NO\\' THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows:
I) THAT the zoning category applying to the lands shown in shading on Schedule "A" attached
hereto and forming part of this By-law is hereby amended from "Institutional (I) Zone"' and
"Special Mixed Density Residential (R5) Zone"' to "Institutional (I-12) Exception Zone"'.
2) THAT Section 28 is hereby amended by adding the following as Section 28.11 "Institutional
(l-12) Exception Zone"'.
Notwithstanding any provisions to the contrary, the lands shown zoned l-12 shall be
construed as being one lot so that the provisions of this by-law shall apply collectively to the
lands within this zone, notwithstanding their division into two or more parcels.
Buildings A and B are further defined on Schedule "W"' attached hereto and forming part of
this by-law.
For the purposes of the l-12 zone, Victoria Street shall be deemed to be the front lot line.
28.11.1 Uses Permitted
Building A !Church):
In accordance with Section 28.1.
Building B IRectorv):
-day care/nursery schools
-one detached dwelling unit
-one semi-detached dwelling unit
-one duplex dwelling unit
·one converted dwelling unit, having a maximum of two dwelling units within,
subject to the provisions of Section 3.42.3 and Section 14.4
-social services office
-counselling practices
• offices accessory to religious institutions associated with those located in
Building A
-religious activities associated with those located in Building A
28.11.2 Zone Requirements
28.11.2.1 Lot Specifications
In accordance with Section 28 .. 2.1.
28.!!.2.2 Siting Specifications
Building A (Church):
Front Yard (minimum):
Rear Yard (minimum):
Side Yard (minimum):
Exterior Side Yard (minimum):
~
· Building B (Rectory):
Front Yard (minimum):
Rear Yard (minimum):
Side Yard (minimum):
Exterior Side Yard (minimum):
28.11.2.3 Building Specifications
In accordance with S~ction 28.2.3
28.11.3 Parking Location
2.5 metres
60.0 metres
5.5 metres
7.0 metres
75.0 metres
17.0 metres
14.0 metres
30.0 metres
Notwithstanding the provisions of Section 6.26, the minimum number of parking
spaces shall be 58 while the minimum size of a parking space shall be 2. 7 metres
by 4.6 metres for a maximum of four spaces located on the lands.
3) No pan of this By-law will come into force until the provisions ofthe 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 DAY OF
READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
T. JONES, MAYOR B. PANNIZA,
MUNICIPAL CLERK
,1999.
• I999.
TOWN OF AURORA THIS IS SCHEDULE "A"
TO BY-LAW NO. 4060·99.D
THE REGIONAL MUNICIPALITY OF YORK
PASSED THIS DAY
LOCATION: Lots 1, 2 and 3. Plan 68
79 Victoria Street, 44 Metcalfe Street
OF ____ 1999
CLERK
MAYOR
SUBJECT LANDS REZONED FROM I AND RS TO 1·12
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SCHEDULE "A" TO BY-LAW NO. 4060-99.0
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TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lots 1, 2 and 3, Plan 68
79 Victoria Street, 44 Metcalfe Street
BUILDING A
(Church)
N[lCALf£ SflllllT
THIS IS SCHEDULE "W"
TO BY-LAW NO. 4060·99.D
PASSED THIS DAY
OF ____ 1999
CLERK
MAYOR
I
BUILDING B I
(Rectory)
SCHEDULE 'W' TO BY-LAW NO. 4060-99.0
Explanatory Note
Re: Zoning By-law Number 4060-99.D
By-law 4060-99.D 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 Lots I, 2 and pan of Lot 3, Registered Plan 68, and municipally known as 79 Victoria
Street and44 Metcalfe Str_eet, from "Institutional (I) Zone" and "Spe_cial Mixed Density Residential
(R5) Zone" )0 "Institutional (1·12) Exception Zone". The purpose of the amendment is to permit the
constrUction of new worship space in conjunction with related parking. Permitted uses have been
defined for both the church building and the rectory, in conjunction with specific siting
specifications for both structures. The total number of parking spaces located on the lands shall be
a minimum of 58.
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