BYLAW - Amend 2213 78 (Wycliffe) - 20010827 - 417200DTHE CORPORATION OF THE TOWN OF AURORA
BY-LAW NO. 4172-00.D
A By-law to Amend By-law No. 2213-78 of the
Corporation of the Town of Aurora
SEE DECISION/ORDER NO. 1388
OF THE ONTARIO MUNICIPAL BOARD
(as attached)
DATED AUGUST 27, 2001
ISSUE DATE;
August 27,2001
DECISION/ORDER NO:
1388
Ontario Municipal Board
Commission des affaires municipales de !'Ontario
PL991167
Wycliffe Design and Construction Ltd. has appealed to the Ontario Municipal 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 · .
OMB File No. 2.990176
BEFORE:
B. W. KRUSHELNICKI
Member
)
)
)
)
)
)
)
Wednesday, the 3rd day of
of May, 2000
and
Tuesday, the 15th day
of May, 2001
THE BOARD'S ORDER NO. 1182 issued on July 24, 2001 is hereby amended by
replacing Paragraph 3 with the following:
THE BOARD ORDERS that the appeal by Wycliffe Design and
Construction Ltd. to amend Zoning By-law 2213-78 of the Town of
Aurora is allowed and Zoning By-law 2213-78 is hereby amended as
set out in Draft Byelaw 4172-00.0, attached as Attachment "1" which
forms part of this Order. The Township is authorized to assign an
alternate by-law number to this document for record-keeping
purposes.
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ATTACHMENT "1"
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4172-00.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 "Rural (RU) Zone" to
"Detached Dwelling First Density (H)Rl-28 Exception Zone", "Environmental Protection
(EP-13) Exception Zone" and "Open Space (0-14) Exception Zone".
2. That Schedules "AC" and "AD" are hereby attached as they affect 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" and form part of this By-law.
4. That Schedules "AC" and "AD" are hereby added to By-law 2213-78.D.
5. THAT Section 10 is hereby amended by adding the following as Section 10.30 "Detached
Dwelling First Density (H)Rl-28 Exception Zone".
SECTION 10.30 DETACHED DWELLING FIRST DENSITY (H)R1-28
EXCEPTION ZONE
10.30.1 USES PERMITTED
-a maximum of 112 Dwelling Units.
10.30.2 ZONE REQUIREMENTS
10.30.2.1 Lot Specifications
TOR_P2Z:4030!0.1 200105291234
10.30.2.2
1 0.30.2.2.1
1 0.30.2.2.2
10.30.2.3
TOR_P2Z:403010.1 200105291234
As shown on Schedule "AC" and in accordance with the following:
Minimum Lot Area
Minimum Lot Frontage
Siting Specifications
20.4 hectares
252.63 metres
No dwelling unit shall be located on the subject property except within the
areas delineated on Schedules "AC" and "AD" zoned (H)Rl-28 and defined
by measurements between the (H)Rl-28 area shown on Schedules "AC" and
"AD" and the exterior property lines.
Notwithstanding the provisions of Section 6.2, no accessory structures or uses
except passive private outdoor living areas, shall be permitted in the rear yard
of any dwelling unit which backs onto the westerly property boundary of the
south development area within the "Restricted Area" as shown on Schedules
"AC" and "AD". For the purposes of this section such accessory structures
shall include but not limited to structures for which no building permit is
required pursuant to the Building Code Act, sheds, gazebos, swimming pools,
or satellite dishes in excess of 0.6 metres diameter.
Notwithstanding the provisions of Section 6.2.6.i, central air conditioners
and/or heat pumps shall be pennitted in rear yards adjacent to the rear of the
dwelling unit.
Building Specifications
No dwelling unit may be located on the subject property except within the
areas shown on Schedules "AC" and "AD" as being zoned (H)Rl-28 and
defined by measurements between the (H)Rl-28 area shown on Schedules
"AC" and "AD" and the exterior property lines and in accordance with the
following:
Floor Area per unit (minimum)
Lot Coverage (maximum total lot area)
Dwelling Unit Width (minimum)
Height (maximum)
Interior Garage Length (minimum per unit)
180.0 square metres
12.0 percent
8.0metres
10.0 metres
6.0 metres
)
1 0.30.2.3.1
1 0.30.2.3.2
TOR_P2Z:403010.1 200105291234
Interior Garage Width (minimum per unit) 2.9 metres
Minimum setback of the rear of a building
from the rear of any other building 25.0 metres
Minimum setback of an end or side wall
from any other end or side wall 6.0 metres
Minimum distance separation between the side
of a building and the rear of any other building 12.5 metres
Minimum setback of the front of a building
from a private right of way 6.0 metres
Minimum setback of the side of a building from
the V andorf Sideroad public right-of-way 30.0metres
Minimum setback of any building from the
west property line in the restricted area shown
in Schedule "AD" 40.0 metres
Minimum setback of any building from the
west property line is in all other areas 14.0 metres
Minimum setback of an end or side wall
from a private right of way 5.0 metres
The maximum number of dwelling units which may be attached to another
dwelling unit and form a building or a block shall be five units.
Notwithstanding the provisions of Section 3.17, for the dwelling units shown
in shading on Schedule "AC" and located within the "Restricted Area" as
shown on Schedule "AD" attached hereto, height shall be defined as the
vertical distance measured between the average finished grade level and the
highest point of the peak of a pitched roof. In calculating the height of a
building, any construction used as an ornament or for the mechanical
operation of the building such as a chimney or cupola shall be exempt.
The definition of height for all other dwelling units shall be in accordance
with the provisions of Section 3.17.
I 0.30.2.3.3
10.30.3
10.30.4
10.30.5
10.30.6
10.30.7
TOR_P2Z:403010.1 200105291234
Notwithstanding the provisions of Sections 1 0.2.3 and I 0.30.2.3 and in
accordance with Section I 0.30.2.3.2, the maximum height for the dwelling
units as shown in shading on Schedule "AC" and located within the
"Restricted Area" as shown on Schedule "AD" attached hereto shall be 8.5
metres and the dwelling units shall not have walkout basements.
Private Outdoor Living Area
A screen wall, landscaping and/or fence with a minimum height of 1.83
metres and a maximum height of2 metres, shall be provided on either side of
the private outdoor living area to a minimum depth of3.6 metres. All other
provisions of Section 15.3 shall apply.
Parking
In accordance with the provisions of Section 6.26.1.2.
Landscaping
The minimum amount of landscaping provided shall be as delineated on
Schedules "AC" and "AD". The location of the "Living Fence" shall be as
delineated on Schedules "AC" and "AD" with the details of the number, type
and location of individual species to be outlined in an executed site plan
agreement.
Fencing
A 1.8 metre black vinyl chain link fence shall be provided along the west and
south exterior property lines. Along the southerly property line the fence
shall be installed to approximate the property line so as to avoid destroying
vegetation.
Holding Prefix
Notwithstanding the provisions of Section I 0.30 above, while the "(H)"
Holding prefix is in place, no person shall within the lands zoned (H)Rl-28
on Schedule "A" attached hereto, use any lot or erect, alter or use any
buildings or structures for any purposes except those uses which existed on
the date of passing of this by-law. Furthermore, no extension or enlargement
of the uses which were permitted on the date of passing of this by-law shall
TOR]2Z:403010.1 200105291234
occur, unless an amendment to this by-law is approved by the Council of the
Corporation of the Town of Aurora and comes into full force and effect.
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding prefix from the
land zoned (H) Rl-28 or any part thereof, the Town of Aurora shall be
satisfied that a Site Plan Agreement has been executed between the owner of
the lands and the Corporation of the Town of Aurora, the relevant provisions
of the Official Plan have been complied with, servicing has been allocated for
the property, the Master Servicing Study for the Y onge Street South Urban
Expansion Area has been completed, a resolution of the development charges
or other charges to be paid for the property has been achieved and that the
owner of the property has paid the "Amount" defined below to 999556
Ontario Limited. Payment of the Amount to 999556 Ontario Limited may be
evidenced by the receipt by the Town of Aurora of a letter from 999556
Ontario Limited indicating that the monies have been paid to it or an affidavit
from the owner of the property attesting that the owner has attempted to pay
999556 Ontario Limited or its accountants, Morley, Sanderson, Millard, the
Amount, that it has been unable to locate 999556 Ontario Limited or its
accountants, Morley, Sanderson, Millard, and that it has been unable to locate
999556 Ontario Limited at the address noted in the subdivision agreement or
Invar Building Corporation or its solicitors, Brown, Dryer, Karol or its
accountants, Morley, Sanderson, Millard, for a period exceeding 15 days.
For the purposes of this subsection of this by-law the Amount payable to
999556 Ontario Limited shall be determined as follows:
(i) on the first occasion on which the "(H)" Holding prefix is
removed, the Amount shall be the number of units which the removal
of the Holding Prefix will permit to be developed expressed as a
percentage ofll2 units, times the Sum Due, or fifty percent (50%) of
the Sum Due, whichever is greater.
(ii) on the second occasion on which the "(H)" Holding prefix is
removed, the Amount shall be the balance of the Sum Due, not paid
under paragraph (i).
(iii) on the third or subsequent occasions on which the "(H)" Holding
prefix is removed, the Amount shall be nil dollars.
For the purposes of this subparagraph, the Sum Due shall be $218,051.33,
subject to adjustments to the cost of construction of the water booster
pumping station located on the south side ofVandorfRoad, east ofYonge
Street. The adjustments to the Sum Due shall be determined by the Town of
Aurora in its absolute discretion and will be binding on 999556 Ontario
Limited and the owner of the property but in no event shall the Sum Due be
less than $218,051.33.
Upon removal of the "(H)" Holding Prefix from all or part of the lands zoned
(H)Rl-28 pursuant to Section 36 of the Planning Act, R.S.O. 1990, or a
successor thereto, the provisions applicable to the said lands shall be as set
out in Section 10.30 oftllis by-law.
6. THAT Section 30 is hereby amended by adding the following as Section 30.3.14
"Environmental Protection (EP-13) Exception Zone".
SECTION 30.3.14 ENVIRONMENTAL PROTECTION (EP-13) EXCEPTION
ZONE
30.3.14.1 Uses Permitted
30.3.14.2
30.3.14.3
TOR_P2Z:403010.1 200105291234
conservation
floodplain
storm water management facilities
private road
Zone Requirements
No buildings or structures except as maybe permitted by Section 30.3.14.1
shall be erected in this zone whether or not accessory or ancillary to the uses
permitted.
Definitions
For the purposes of this section, the following definitions shall apply:
Conservation: Areas of land and/or water that contain ecological features,
functions and/or attributes that have been set aside solely for the purpose of
preserving, maintaining and/or enhancing the natural environment. Permitted
activities in areas set aside for conservation shall be limited to stream bank
protection works, fish, wildlife, forestry and conservation management
practices, and approved trails.
Floodplain: Area along either side of any watercourse or body of water,
which has been or may be subject to flooding. The flood plain is based on the
Regional Storm, Hurricane Hazel or the I 00 Year Flood whichever is greater.
7. THAT Section 31 is hereby amended by adding the following as Section 31.11 "Open Space
(0-14) Exception Zone".
SECTION 31.11 OPEN SPACE (0-14) EXCEPTION ZONE
31.11.1
31.11.2
31.11.3
USES PERMITTED
Private open space
conservation
Zone Requirements
No buildings or structures shall be erected in this zone whether or not
accessory or ancillary to the uses penni tted.
Definitions
For the purposes of this section, the following definitions shall apply:
Conservation: Areas of land and/or water that contain ecological features,
functions and/or attributes that have been set aside solely for the purpose of
preserving, maintaining and/or enhancing the natural environment. Permitted
activities in areas set aside for conservation shall be limited to stream bank
protection works, fish, wildlife, forestry and conservation management
practices, and approved trails.
8. 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.
TOR_P2Z:4030JO.J 200105291234
READ A FIRST AND SECOND TIME THIS DAY OF ' 2000.
READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2000.
J.G. WEST, DEPUTY MAYOR B. PANIZZA, TOWN CLERK
TOR_P2Z:403010.1 200105291234
Explanatory Note
Re: Zoning By-law No.4172-00.D
By-law Number 4172-00.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 Part of Lots 74 and 75, Concession 1 E.Y.S., known municipally as 227 Vandorf
Sideroad from "Rural (RU) Zone" to "Detached Dwelling First Density (H)R1-28 Exception Zone",
"Environmental Protection (EP-13) Exception Zone" and "Open Space (0-14) Exception Zone". The
purpose of the amendment is to permit the use of the lands for I 12 residential dwelling units to a
maximum density of 2.2 units per acre with private open space and in conjunction with specific
siting specifications regarding setbacks, landscaping, buffers, heights and sizes of the units.
Prior to the passing of a by-law to remove the "(H)" Holding prefix from any of the lands except for
the open space lands, the Town of Aurora shall be satisfied that a site plan agreement has been
\ executed between the owner of the lands and the Corporation of the Town of Aurora, the relevant
provisions of the Official Plan shall have been complied with, servicing has been allocated for the
property, and, resolution ofDevelopment Charges. Upon removal of the "(H)" Holding prefix from
the lands zoned (H)R1-28, the provisions applicable to the said lands shall be as set out in Section
10.30.
TOR_P2Z:4030JO.I 200105291134
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: PART OF LOTS 74 & 75. CONCESSION 1 EYS '
2.27 VANDORF SIDEROAD
THIS IS SCHEDULE "AC"
TO BY-LAW NO. 4172-00.0
PASSED THIS DAY
OF 2000
· CLERK
MAYOR
SUBJECT LANDS REZONED
FROM "RU" TO "(H)Rl-28"
·: •: •: •: •: • SUBJECT LANDS REZONED
• •• •.·.·.· FROM "RU" TO "EP;IJ"
SCHEDULE "AC" TO BY-LAW NO. 4172-00.0
SUBJECT LANDS REZONED
FROM "RU" TO "0-14"
000719
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: PART OF LOTS 74 & 75, CONCESSION 1 EYS
227 VANDORF SIDEROAD
SOUTH DEVELOPMENT AREA
0-14
0-14
\ -
THIS IS SCHEDULE "AD"
TO BY-LAW NO. 4172-00 ..
PASSED THIS DAY
OF _____ 2000
CL~K
MAYOR
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AREA
01>';(• .... '00 ;LJl..)f.:: ..
SCHEDULE "AD" TO BY-LAW NO. 4172-00.D
Filea as 0. Aeg. C< O 1
On JUL 1 9 2001
Proposea On~ ,,.
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REG!STBAR OF F\EttU!.ATIOIVS
ONTARIO REGULATION
made under the
OAK RIDGES MORAINE PROTECI'ION ACT, %001
EXEMPTIONS
Land exempt from ss. I to 6
1. Tli.e following land is exempt from the application of sections 1 to 6 of the Act:
1. 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 waa not yet given under subsection 51
(58) of that Act, if an agreement pmsuant to subsection 51 (26) of that Act
was entered into on or before May 16, 200 I 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
nmnbe-r is set out in a schedule to this R.eiulation, and in respect of which, on
or before May 16,2001, approval was given under subsection 51 (31) of the
Planning Act but approval was not yet given under subsection 51 (58) of that
Act.
· 3. Any land described in a schedule to this Regulation.
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Schedule 9
LAND IN THE TOWN OF AURORA
1. The lands zoned "Detached Dwelling First Density (H)RI-28 Exception Zone",
"Environmental Protection (EP-13) Exception Zone" and "Open Space (Q-14) Exception
Zone" on Schedule "AC" to By-law Nmnbcr 4172-00.D, as amended by the Ontario
Mtmicipal Board.
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