BYLAW - Ceby Management Rezoning - 20011018 - 430201D1. i THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NO. 4302-0l.D
A By-law to Amend By-law No. 2213-78 of the
Corporation of the· Town of Aurora
SEE DECISION/ORDER NO. 1688
OF THE ONTARIO MUNICIPAL BOARD
(as attached)
DATED OCTOBER 18,2001
ISSUE DATE:
Oct. 18, 2001
DECISION/ORDER NO:
1688 PL010199
Ceby Management Limited 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 By-law 2213-78, as amended, of the Town of Aurora to
rezone lands respecting 32 Mills Street and 33, 37, 41 and 45 George Street from Institutional
(1-1) and Detached Dwelling Second Density Residential (R2) to Institutional (1-1) to facilitate the
· expansion of the existing nursing home
O.M.B. File No. 2010041
Ceby Management Limited has referred to the Ontario Municipal Board Linder 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 lands municipally known as 32 Mill Street and 33, 37, 41 and 45 George Street
in the Town of Aurora
O.M.B. File No. M010051
APPEARANCES:
Parties Counsel
Ceby Management Limited K.C. Hill
Town of Aurora I.J. Lord
Ms Leona Rod all represented herself and her husband, Gordon Kyle.
MEMORANDUM OF ORAL DECISION DELIVERED BY B.W. KRUSHELNICKI
ON OCTOBER 9, 2001 AND ORDER OF THE BOARD
This matter has settled among the parties. Ceby Management had applied to th~
Town of Aurora to amend the Town's by-law to permit the expansion of an existing long
term care facility in a residential area of the Town. According to the application as first
filed the permission sought would be for a four storey structure. However, they have
funding approvals for an additional 64 beds, which, when added to the present facility,
would result in a total of 241 beds. This can be accommodated in a two storey building,
which they say, is all they had planned to build. Accordingly, when the application
aroused considerable opposition from the local neighbours, the applicant scaled back
the request so that only a two storey structure would be sought, with maximum height
limits of 11 and 13 metres for various components of the complex.
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In addition to the reduction in the height request and some further amendments
to the by-law application, several other matters of concern to the neighbours and the
Town staff-arising from the by-law application -were addressed when the detailed site
plan was prepared by Mr. Larkin and submitted for approval to the Town. These
included the organization of the uses on the site, the arrangements for vehicular
movement over the site, access and egress, lighting, sigriage, plantation and
landscaping, and elevation treatment. In the enc,l·, both the Town and the remaining
objecting party accepted the revised application and the site plan.
As a result of the agreement among the parties, the Board conducted a much
shorter heari[lg than planned, in which it was necessary only to hear a review of the
progress of the application, including the matters that had been agreed, and a summary
of the issues addressed by the planning process. The Board had set a public session of
the hearing to hear from area residents who were not party to the matter. With the
settlement between the parties to the matter, the Board was asked to cancel the public
session and the Board agreed to do so.
The site in question comprises nearly a hectare with frontage on both Mill Street
and George Street. .The original facility fronted only on Mill Street. The acquisition of
four residential properties to the rear of the existing property on George Street together
with the existing property now results in a · 'through' site. This permits vehicular
movemef'!t, especially for delivery and emergency vehicles, through the entire site
without ttie need to reverse vehicles.
The original part of the site on Mill Street had been zoned I-Institutional and the
by-law amends this slightly and amends the zoning on the newly acquired portion of the
site from residential to a similar Institutional zone. The zoning permits altogether 9,320
square feet of floor area with a maximum height of 11 -13 metres, and parking for
between 77 and 84 cars.
The Official Plan designation for this site is "Urban Residential" which is an
inclusive use that permits a wide array of residential uses including long term care
facilities. The Official Plan specifically permits some institutional uses in the Urban
Residential designation without an Official Plan Amendment. In addition, the Official
Plan contains a number of policies that promote the establishment of residential
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facilities that broadly serve the needs of the community. The Board is satisfied by Mr.
Larkin's review of the Official Plan policies that the proposed expansion does serve a
community need and is consistent with the Provisions of the Official Plan.
One of the concerns that had been held about the proposal was the effect on the
character of the neighbourhood, including especially the physical character. Some of
this concern may have arisen due to the initial proposal for four storeys in what is
essentially a low rise residential area .. The reduction in permitted height to an absolute
maximum of 13 metres may have addressed some of this concern. Still, the planner for
the. applicant conducted an elevation analysis in which the. elevation of the proposal,
especially on the George Street frontage, is inserted using computer graphics in the
photographic elevation of the street. The analysis reveals a frontage which fits in with
the prevailing streetscape without imposing or ov.erwhelming. In addition, the designer
has incorporated additional ornamentation and fac;:ade treatment to reduce the
institutional effect and imply a more residential feel.
The site has been generously landscaped to provide ample buffering and
screening from the existing uses. The signage has been altered at the request of the
residents. A proposed backlit sign has been replaced by a more traditional, less
ostentatious sign. And finally, the lighting plan for the site has been given special .
attention to ensure that the orientation and brightness of the lighting will have minimal
effect on the adjacent residential uses.
On the strength of all this evidence, the Board concludes that there has been a
successful and sincere effort to create a long term care facility that is compatible with its
residential surroundings in all respects.
The Board does note however, that the process that has been followed in this
instance has not met with the approval of all involved. Ms Shanks-Skinner, a resident of
the area. appeared before the Board and explained that this settlement has been
reached with little or no satisfactory consultation with the neighbourhood. She described
her efforts to enquire of the Town, and especially of the Town's lawyer, about the
process and the progress of the negotiations. Her enquiries were not satisfactorily
answered. There had not been a lot of communication of the settlement reached in
recent days and she suggests that the cancellation of the scheduled public sessi0n of
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. the Board's hearing will prevent some remaining dissenting views, including her own,
from being heard.
It is the practice of the Board, as explained in the pre-hearing conference held in
preparation for the hearing in this matter, that when the parties to a matter reach an
agreement and where the Board is satisfied that the terms of the agreement constitute a
satisfactory resolution of the dispute between the parties -one that complies with the
Town's policy, addresses the concerns that were raised, and generally constitutes good
planning -the matter is considered to be settled. That is the case in this instance and
the Board so finds.
In summary, the Board is satisfied that the agreement that has been reached by
the Town, the applicant and the remaining objecting party, Ms Rodall and Mr. Kyle,
satisfactorily addresses the concerns held by the parties. The proposal represents good
planning that complies with the local Official Plan.
For these reasons, the Board orders as follows:
1. the appeal of Zoning By-law by Ceby Managements Limited is allowed
and the By-law, attached to this decision as Attachment 1, is hereby
approved;
2. the site plan is approved in accordance with plans and drawings filed as
Exhibit 6 to these proceedings -"Site Plan and Elevations" and Exhibit 7-
"Landscaping Plan, Legend and Details"; and
3. the site plan is approved subject to the conditions of site plan approval as
set out in Appendix "C" of the Minutes of Settlement, being Exhibit 1 to
these proceedings, which are approved by the Board.
B.W. KRUSHELNICKI
MEMBER
ATTACHMENT1 ··---APPENPIX "A"
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4302·01.0
BEING A BY-LAW to
amend By·law 2213-78,
as amended
WHEREAS the municipal Council of !he Corporation of the Town of Aurora deems it
necessary and expediant to amend By-law 22f3-78, as amended;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. THAT tho zoning category applying to the lands shown in shading on Schedule
"A" aUached hereto and forming part of this By-law is hereby amended from
"Institutional {1-1) Exception Zone' and "Detsched Dwelling Second Density
Residential (R2) Zone' to 'Institutional (1-1) Ex·:eption Zone.'
2. THAT Section 28.3.1 "Institutional 0-1) Exception Zone," be amended by deleting
Section 28.3.1 and replacing it with the following:
Section ZB.3.1 Institutional (1-1) Exception Zone
111e lands zoned 1-1 on Schedule 'A' attached hereto and forming part of this By-
. law shall only be used for a nursing home located in Buildings "K and 'B' as
identified on Schedule 'AB' attached hereto and forming part of this By-law and
an accessory building or structure used for offices In association therewith
located in Building "C' on Schedule 'AB' in accordance with the following
specifications:
Section 28.3.1.1 Building Siting Specifications
In accordance with Schedule 'AB" attached hereto and fonnlng part of this By-
law and subject to such minimum building set backs es exist on the date of
possing hereof and as are specified on Selledule "AB".
Section 28.3.1.1.1 Subject to Section 28.3.1.2, expansions or enlargements to
Buildings "A' and 'C' on Schedule 'AB' are not penmitted.
Section 28.3,1.2 Building Specifications
First Storey Floor Area
for Buildings 'A' & ·s• on
Schedule : AEl' (maximum)
Total Floor Area All Storeys
for Buildings -A-& ·s· an
Schedul!' "AB' (maximum)
Number of Beds
for Buildings 'A" & '8" on
Schedule "AB' (maximum)
2,720 square metres
9,3?.0 square metres
241
PL010199
Section 20.3.1.3 Building Hoight
Notwithstanding any provisi·Jn to the cont!ary, the maximum
building heights for Building 'B' on Schedule "AB" are as
follows:
South Elevation
No11h Elevation
West Elevatlon
East Elevation
11.0 metres
13.0 metres
13.0 metres
11.0 metres
Sec\icn 28.3.1.3.1 Notwithstanding any provision to the contrary, no changes
to the Bulldillg Height ofB~ildings 'A' and •c• on Schedule
• AB' are pennitted.
Section 28.3.1.3.2 Building Height Definition
· Notwithstanding Sections 3.17 and 6.20, for the purpose of this By-law, Building
Height for Building '6' on Schedule "AB' shall be calculated from the lowest .
finished grade adjacent to tl1e building, to the highest point and shall inClude all
parapets and decorative features.
Section 28.3.1.4 Landscaping Specificatic•ns
Open Space, including par't<ing, driveways and aisles shall
be a minimum of 6,82.0 square metres.
Scclion 28.3.1.5 Parking Specifications
Number or Panting Spacet (minimum} 77
(maximum} 84
3. 1his By-law conms into ferro upon compliance Wilh the provisions ofU1e Planning
Act
f<EAD A FIRST, SECOND AND THIRD TIME THIS DAY OF '2001.
T. JONES, MAYOR B. I'ANIZZA, TOWN CLERK
.·
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TOWN OF AURORA
THE REGlONAL MUNICIPALITY OF YORK
LOCATlON: Lots 1, B; 7, 8 & 9, Rsgistersd Plan 30
32 Mill St. &. 33, 37, 41 & 45 George St. -
rzl SUBJECT LAN'DS REZONED mOM l-1 TO 1·1
~ SUBJECT LANDS REZONED Fl'IOM i'l2 TO 1-1
THIS IS SCHEDULE "A"
TO BY-LAW NO. 4-302-01.0
PASSED THIS DAY
OF ____ 2001
Cl.ERK
MAYOR
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• SCHEDULE "A" TO BY-LAW NO. 4302-01.0
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF VORl<
LOCATION: Lots 1, 6, 7, 8 & 9, Registered Plan 30
32 Mill St. & 33, 37, 41 & 45 George St.
ALL DIMENSIONS ARE IN METRES
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SCHEDULE "AB" TO BY-LAW NO. 4302-01.0
TillS IS SCHEDULE "AB"
TO BY-LAW tJO. 4302-01.0
PASSED TillS DA'.'
OF 2001
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