BYLAW - Metrus Rezoning O.M.B - 20010803 - 429301DTHE CORPORATION OF THE TOWN OF AURORA
BY-LAW NO. 4293-0l.D
ABy-lawto Amend By-law No. 2213-78 of the
Corporation of the Town of Aurora
SEE DECISION/ORDER NO. 1266
OF THE ONT ARlO MUNICIPAL BOARD
(as attached)
DATED AUGUST 3, 2001
ISSUE DATE:
Aug. 3, 2001
~ECISION/ORDER NO:
1266
RECE''r,...·:-···
AUG t 7 ?001
Ontario Municipal Board .
Commission des affaires municipales ~m
St. John's Road Development Corporation 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 Coun.cil's
refusal or neglect to enact a proposed amendment to Zoning By-law 2213-78 of the Town of
Aurora to rezone lands designated as Part of Lots. 24 and 25, Concession 2, E.Y.S. from "Rural
General (RU) Zone• to "Detached Dwelling Second Density Residential (R2-X, R2-Y, and R2-Z)
Exception Zones", "Semi-detached and Duplex Dwelling Third Density Residential (R3-X, R3-Y)
Exception Zones", a dual "Institutional (I) Zone/Detached Dwelling Second Density Residential
(R2-X) Exception Zone", and "Open Space (0) Zone" to permit a residential plan of subdivision
O.M.B. File No. Z000137
St. John's Road Development Corporation has appealed to the Ontario Municipal Board under
subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended from the failure of the
Town of Aurora to make a decision respecting a proposed plan of subdivision on lands
composed of Part of Lots 24 and.25,..COncessiGn-2, 5..¥S...~-the Town of Aurora
Town of Aurora File No. D12-~0-1AiCV\'i! Oi' ,:>.:.JFlGFii~
O.M.B. File No. S000085 I Pi...i'.'.~''!~ i~ ~~P~~TfbEt~T
A p p EAR AN C E S : ~ ""' w·AUG 8 2001 l CORP. SERVICES DEPT.l
COPIES CIRCULATED TO:
Parties l ' • · 1· -c ·-·--·-·---Gounsel
! I l ~~-c-f~~~~~=~-=-=--·--t-ldro "'--·-...... """""~ .... -. Town of Aurora
St. John's Road Development Corporation R. Houser
761933 Ontario Limited M. Chusid
David Tomlinson
Members of Council
C.A.O.
Directors$. ~l~c:t'Z:t"
Other :i --_.· ~,;; ~J;,.,...
DECISION DELIVERED BY J.R. BOXMA AND ORDER OF THE BOARD
The second phase of this hearing came back before the Board on July 9, 2001.
The Town and the appellant have now resolved all outstanding issues. The Board
heard planning evidence from Donald Given, a qualified land use planner, who outlined
the plan of subdivision to the Board. He was of the opinion that the proposed plan of
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-2-PL000902
subdivision represented good planning and the proposed zoning by-law conformed to
the Official Plan. The Board agrees.
As a result, the Board's decision is as follows:
1. The Board adjourns the hearing of the St. John's Road Development
Corporation appeal relating to OPA 30, section 3.7.2(a) and Schedule "AA"
insofar as it applies only to the lands of the St. John's Road Development
Corporation identified as Blocks 517 and 518 on red lined draft plan D12-00-
1A dated July 6, 2001, sine die, and approves OPA 30 on the balance of the
lands in the draft plan.
2. The Board allows the appeal of St. John's Road Development Corporation
with respect to draft plan of subdivision D12-00-1A and approves the draft
plan as red line amended dated July 6, 2001, filed as Exhibit 3 in the hearing
and attached as Attachment "1" to the decision, save and except that the
lotting and road pattern on Blocks 517 and 518 is adjourned, sine die. The
draft plan approval is subject to the conditions filed as Exhibit 4 in the hearing
and attached as Attachment "2" to the decision.
3. The Board allows the appeal of St. John's Road Development Corporation
with respect to the failure of the Town of Aurora to enact a zoning by-law
applicable to its lands and amends Zoning By-law 2213-78 of the Town of
Aurora in accordance with the draft By-law filed as Exhibit 5 in the hearing
and attached as Attachment "3" to the decision, save and except those lands
identified on Schedule "A" to the draft by-law as "Zoning to be determined by
the OMB in the future", for which the hearing is adjourned sine die.
4. That pursuant to Section 51 (56.1) of the Planning Act, the Town of Aurora .
shall have the authority to clear the conditions of draft plan approval and to
administer final approval of the plan of subdivision for the purposes of
subsection 51(58) of the Act. In the event that there are any difficulties
implementing any of the conditions of draft plan approval, or if any
substantive changes are required to be made to the draft plan, the Board may
be spoken to.
.,
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5. The approval of draft plan of subdivision D12-00-1A shall lapse at the
expiration of five years from the issuance of the Board's Order.
6. The matters adjourned sine die may be brought back for a consolidated
hearing at the instance of the Board or any party on at least 30 days notice.
This is the Order of the Board.
3:
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ATTACHMENT "1"
ST. JOHN'S SIDEROAD
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OTHER LANDS OWNED
BY APPLICANT
RURAL/
AGRICULTURAL
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p· "0902
Revised
Draft Plan
of Subdivision
for Part of Lots 24 and 25
Concession 2, E.Y.S.
Town of Aurora ,.
Regional Municipality of York
I
Owner's Authorization ... ~a...--~ ......... ---....... ----UI.~-.... -.......... __ _ ___ ol_ ... ___ . ""-'"----...... ----
Surveyor's Cer11ficate
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• MALONE GIVEN
PARSONS LTD.
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-_i • ATTACHMENT "2"
PL000902
ST. JOHN'S ROAD DEVELOPMENT CORPORATION (D12-00-1A):
GENERAL
CONDITIONS OF DRAFT PLAN APPROVAL
July 10, 2001
1. Approval shall relate to a Draft Plan of Subdivision D12-00-1A prepared by
Malone Given Parsons Ltd.
Project. No.: 97-908
Dated: December 7, 1999
Revised: June 4, 2001, with two redline revisions dated July 6, 2001.
2. The Owner shall, prior to final approval, enter into a Subdivision Agreement with
· the Town of Aurora agreeing to satisfy all conditions, financial and otherwise of
the Town. The Subdivision Agreement will be registered against the lands to
which it applies, as provided for in the Planning Act, at the expense of the Owner.
3. The Owner shall revise the plan to:
i) Create two Blocks within the area that is situated to the
south of Street A, to the east of Street B and to the west of
Block 499 (merging Lots 333 to 403, inclusive; Streets K, L
and S; and, Blocks 503, 504 and 508), for the purposes of
establishing a 0.3 metre Reserve (label as Block 517) and
an area for future development (label as Block 518) for
which the pattern of lotting shall be determined when the
extent of the buffer and the Region's requirements for a
trunk sanitary sewer route are known.
Official Plan/Zoning
4. The Owner shall agree that the lands within this Draft Plan of Subdivision shall
be appropriately zoned by a Zoning By-law that has come into effect in
accordance with the provisions of the Planning Act. The Holding provisions of
Section 36 of the Planning Act may be used in conjunction with any zone
category to be applied to the subject lands in order to ensure that development
does not occur until such time as the Holding "H" symbol is removed in
accordance with the provisions of the Planning Act. The Zoning By-law
Amendment shall specify the terms under which Council may consider the
removal of the Holding "H" symbol, in accordance with Official Plan policy. Said
terms may include:
i) Confirmation that there is adequate water, sanitary, storm
and/or transportation services and facilities available to
accommodate the draft plan of subdivision or any phase thereof;
~t. John's Road Development Corporation D12·00·1A -Conditions July 10, 2001
ii) That all required agreements have been executed between the
Owner and the Town of Aurora and can be registered on title;
iii) That all necessary approvals have been received from all other
relevant agencies and/or government bodies;
iv) The removal of the "H" represents a logical and orderly
progression of development; and,
v) Compliance with the relevant policies of the Bayview Northeast
Area 2B Secondary Plan (OPA No. 30).
5. The Owner shall, prior to final approval, submit a schedule certified by an Ontario
Land Surveyor indicating the areas and frontages of the Lots and Blocks within"
the plan, to the satisfaction of the Director of Building Administration.
6. The Owner shall agree that minor modifications to the plan of subdivision may be
necessary to ensure compliance with the implementing Zoning By-law and the
engineering standards of the Town of Aurora and the Region of York, which may
result in the loss of Lots.
Phasing
7. The Owner shall, prior to final approval, submit detail plans showing the
proposed phasing of the plan of subdivision for review and approval by the Town
of Aurora.
8. The registration of the proposed plan of subdivision will occur in phases, as
approved by the Town. The Owner "shall agree in the Subdivision Agreement
with the Town, which shall be registered on title, that no further approvals shall
be granted for any additional phases, beyond Phase 1, until the Region of York
has confirmed that adequate servicing capacity (e.g. water, storm and sanitary) is
available, and the Town of Aurora has allocated such capacity to the subsequent ·
phases. Registration for Phase 1 shall consist of a maximum of 250 residential
units to occur within the area identified on Figure 1 'Phase 1 Limits' contained
within the report titled 'Functional Servicing and Stormwater Management Report'
dated April 2000 and revised June 2001 and as may be further revised, prepared
by Cosburn Patterson Mather. Further, the Owner shall further agree in the
Subdivision Agreement not to request any building permits for any lots or blocks
beyond the 250 unit Phase 1 limit, until such time as the watermains external to
the Plan required to provide adequate flows and pressures have been
completed, or this matter has been ac;ldressed to the Town's satisfaction, through
the submission of the required engineering design plans and studies. In addition,
the Owner shall agree in the Subdivision Agreement that all lands beyond Phase
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'st. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
1 shall be placed in a Holding Zone, to the satisfaction of the Town of Aurora and
the Region of York.
9. The Owner shall agree in the Subdivision Agreement that, in connection with
Conditions 4 and 8, the development of the plan is dependent on utilizing the
existing sewer system west of Bayview Avenue, as well as, the future completion
of the East Holland Trunk Sanitary Sewer system.
· Utilities
10. The Owner shall.agree in the Subdivision Agreement to prepare and submit an
overall utility distribution plan showing the location (shared or otherwise) and
installation, timing and phasing of all required utilities (on-grade, below-grade or
above-grade, including on-site drainage facilities and streetscaping) -such
location plan shall be to the satisfaction of the Town of Aurora, having considered
the requirements of those utility providers (including natural gas, hydro, and
telecommunications service providers) that will conduct works within the
subdivision. Further, the plan shall consider the respective standards and
specification manuals, where applicable, of the utility providers.
11.
)
Such easements as maybe required for utility or drainage purposes shall be
granted to the appropriate authority.
12. Natural gas, telecommunication service providers, including other street
hardware, where possible, shall be constructed underground within the road
allowances or other appropriate easements to the satisfaction of the Town of
Aurora.
13. The Owner shall agree in the Subdivision Agreement to execute a satisfactory
agreement with a cable television company, if the cable television company
· decides to install cable television cable, wire and equipment within the
subdivision.
14. The Owner shall agree in the Subdivision Agreement to grant access, on
reasonable terms and conditions, to any telecommunications service providers
indicating an interest to locate within a municipal right-of-way.
15. The Owner shall agree in the Subdivision Agreement to advise any
telecommunications service provider intending to locate within a municipal right-
of-way, of the requirement to enter into a Municipal Access Agreement with the
Town of Aurora, and to satisfy all conditions, financial and otherwise of the Town
of Aurora.
16. The Owner shall agree in the Subdivision Agreement to meet the requirements of
the Canada Post Corporation for standards of locations for community mailboxes
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St. John's Road Development Corporation D12-00-1A -Conditions July 10, 2001
installations to accommodate mail service. The location of the saict structures
. shall be situated so as to minimize the disruption to dwellings, and where
possible, adjacent with sidewalks to the satisfaction of the Town of Aurora.
Further, the Owner agrees to include in all Offers of Purchase and Sale
Agreements with prospective purchasers of Lots a notice advising as to the
location of the said structures.
17.. ·The Owner shall agree in the Subdivision Agreement to determine and provide a
suitable temporary Community Mailbox location(s) which may be utilized by
Canada Post until the above-mentioned criteria are completed at the permanent
CMB site locations.
18. The Owner shall agree in the Subdivision Agreement that hydro electric service
for the lands within this Draft Plan of Subdivision shall be constructed to the
· satisfaction of Aurora Hydro Connections Ltd. or its successor, and the Owner
will be responsible for entering into an Electrical Plant Agreement with Aurora
Hydro Connections Ltd. or its successor, for the supply and installation of the
electrical services in the subdivision.
School Board
19. That the Owner shall, prior to final approval of the relevant phase, have entered
into an Agreement satisfactory to the York Region District School Board for the
transfer of one public elementary school site, Block 493.
20. That the Owner shall agree in the Subdivision Agreement in wording satisfactory
to the York Region District School Board:
i) To grade Block 493 and in doing so compact, fill with clean
material, replace any topsoil disturbed in the grading process
and at the same time sod/seed the same lands to
specifications determined by the Board;
ii) To provide a letter of credit pertaining to stockpiling and
removal of topsoil to the satisfaction of the Board;
iii) To remove stockpiled topsoil within 30 days of written notice
by the Board, and in doing so compact, fill with clean
material, replace any topsoil disturbed in the grading process
and at the sam!3 time sod/seed the same lands to
specifications determined by the Board;
iv) To construct fences as required, including the construction of
a galvanized chain link fence, 1.5 metres in height in
accordance with the Town of Aurora's standards, along all
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st. John's Road Development Corporation D12-Q0-1A-Conditions July 10, 2001
boundaries of the school Block, including road frontage(s) at
the discretion of the Board;
v) To erect and maintain a sign on the public elementary school
site at such time as the relevant access roads are
constructed, indicating that the date has not been set for the
construction of the school; and,
vi) To provide the foregoing at no cost to the Board.
21. That the Owner shall, prior to final approval, submit to the York Region District
School Board, at no cost to the Board, a report from a qualified consultant
concerning:
i)
ii)
The suitability of Block 493 for school construction purposes,
relating to soil bearing factors, surface drainage, topography
and environmental contaminants; and,
The availability of natural gas, electrical, water, storm sewer
and sanitary sewer services.
1 22. That the Owner shall agree in the Subdivision Agreement, in wording acceptable
to the York Region District School Board, that the services referred to in
CondJtion 21 ii, shall be installed to the mid-point to the frontage of the
elementary school site and positioned as designated by the Board, at no cost to
the Board.
23. That the Owner shall, prior to final approval, provide confirmation in writing to the
York Region District School Board in wording acceptable to the Board, a
certificate concerning:
i) The availability of a satisfactory water supply; and,
ii) An acceptable method of sewage disposal.
24. The Owner shall, prior to final approval, submit to the York Region District School
Board for review and approval, a copy of the final engineering plans as approved
by the Town of Aurora which indicate the storm drainage system and the overall
grading plans for the complete subdivision area.
25. The Owner shall, prior to final approval, provide confirmation in writing from
Aurora Hydro Connections Limited or its successor to the York Region District
School Board that adequate electrical capacity will be supplied to the school site
frontage by the Owner at no cost to the Board. ·
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'st. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
26. That the Owner shall agree in the Subdivision Agreement, to include in· all Offers
of Purchase and Sale with prospective purchasers a notice advising that unless
the provincial funding model provides sufficient funds to construct new schools,
there can be no assurance as to the timing of new school construction nor a
guarantee that public school accommodation will be provided within the subject
plan notwithstanding the designation of public elementary school site.
PARKLAND AND WALKWAYS
· 27. The Owner shall agree in the Subdivision Agreement to convey parklands to the
Town of Aurora, at no cost and free of all encumbrances, to satisfy the provisions
of the Planning Act. Lands to be conveyed for parkland purposes shall include
the Neighbourhood Park Block 494. Further, if the dedication of parkland should
fall below the required provisions of the Planning Act, the Owner shall agree in
the Subdivision Agreement to supplement the above' referenced dedication of
parkland with a payment of Cash-in-Lieu of Parkland in accordance with the
. relevant sections of the Planning Act and the Town of Aurora's Cash in Lieu of
Parkland Policy dated June 19,2001 and By-law4291-01.F.
28. The Owner shall agree in the Subdivision Agreement to include a clause within
all Offers of Purchase and Sale Agreements with prospective purchasers of Lots
adjacent to public parkland, advising of the recreational facilities which may
include softball diamonds, soccer pitches, playgrounds, etc., and the potential for
exposure to night lighting, traffic and noise generated from the activities that may
take place in these parks, to the satisfaction of the Director of Leisure Services.
29. The Owner shall agree in the Subdivision Agreement to design and install to the
property line of the Neighbourhood Park Block 494 all necessary utilities and
services required by the Town, sized and located within the said Block to
facilitate the construction of all park facilities. Such services shall include
sufficient water, sanitary and storm sewers, and electrical connections to the
property line of the Neighbourhood Park Block 494. All services shall be installed
in accordance with the applicable standards of the Town, and/or Aurora Hydro
Connections Limited, or its successor.
30. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement grading and restoration works associated with the Neighbourhood
Parkland Block 494, to the satisfaction of the Director of Leisure Services.
Restoration shall include rough grading to facilitate the Town's recreational
requirements, slope stabilization, temporary paige wire fencing, and seeding to
establish a green sward on the Block. The Owner shall ensure that these Blocks
are maintained during the course of development of the Plan of Subdivision to
the satisfaction of the Director of Leisure Services. The Owner shall further
agree not to use Parklands for the storage of topsoil and fill materials without
prior written approval of the Director of Leisure Services. ·
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... st. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
31. The Owner shall agree in the Subdivision Agreement to design and con$truct
suitable fencing as required along the lot lines of all residential Lots and/or
· Blocks abutting parklands, walkways, and designated open spaces in
accordance with the Town's standards, to the satisfaction of the Director of
Leisure Services. The Owner shall further. agree in the Subdivision Agreement to
include a clause within all Offers of Purchase and Sale Agreements with
prospective purchasers of Lots and/or Blocks adjacent to public parkland, in a
manner satisfactory to the Director of Leisure Services, advising that fence gates
and/or other means of access will not be permitted to access parklands and
designated open spaces from residential properties.
32. The Owner shall agree in the Subdivision Agreement to provide the Town with
digital files in AutoCAD 14 format indicating as-built grades, property boundaries,
services, etc. for the Neighbourhood Parkland Block 494, to the satisfaction of
the Director of Leisure Services.
VEGETATION PRESERVATION
33. The Owner shall agree in the Subdivision Agreement to undertake and
implement a Vegetation Preservation Study outside of the wetland boundary and
buffer area and in accordance with the· January 2001 Seeped Environmental
Impact and any subsequent addenda, to the satisfaction of the Director of
Leisure Services. The Vegetation Preservation Study shall include a detailed
vegetation survey, impact assessment, and landscape plans specifying
vegetation protection measures and identifying vegetation removals if required.
The Study shall also include plans specifying restoration and enhancement
plantings and long-term maintenance requirements of preserved vegetation
areas.
34. The Owner shall agree in the Subdivision Agreement not to remove any trees on·
any Lots and/or Blocks within the plan of subdivision, without the prior written
approval of the Director of Leisure Services.
35. The Owner shall agree in the Subdivision Agreement to construct temporary
protection fencing for all vegetation outside of the wetland and buffer area
designated to be preserved in accordance with the approved Vegetation
Preservation Study, to the satisfaction of the Director of Leisure Services.
Protection fencing shall be paige wire fencing to be installed prior to
commencement of any grading or construction activities on the lands and shall
be maintained in good condition for the duration of development on the lands, to
the satisfaction of the Director of Leisure Services.
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St. John's Road Development Corporation D12·00-1A-Conditions July 10, 2001
OPEN SPACE BUFFER AND WETLAND
36. The Own.er shall agree in the Subdivision Agreement to convey, free and clear of
encumbrances and at no cost, Blocks 498 and 499 to the Town of Aurora as
open space, such conveyance to occur as part of the registration of the final
phase of the subdivision, to the satisfaction of the Town of Aurora. Further, in
the interim the Owner agrees to grant to the Town of Aurora an easement for
Town purposes over Street A including Block 497 and Blocks 498 and 499. The
Owner further agrees that the conveyances of the said Blocks are not subject to
the parkland dedication calculation by the Town of Aurora.
37. The Owner agrees that, prior to the initiation of any grading and/or construction
works on the site, the Owner shall construct temporary protection paige wire
fencing including silt fencing along the perimeter of the grading limit bordering
Open Space Blocks 498 and 499 and Block 497. The protection fencing shall be
maintained in good condition for duration of development construction. The
Owner shall further agree not to change grades or otherwise disturb or encroach
upon buffer and open space areas delineated by protection fencing, all to the
satisfaction of the Director of Leisure Services. ·
38. The Owner shall agree in the Subdivision Agreement that, upon completion of
construction activities. on Lots and/or Blocks adjacent to the Recommended
Environmental Protection Line established in accordance with OPA 30, protection
fencing shall be removed and replaced with permanent fencing to the satisfaction
of the Director of Leisure Services. The Owner shall further agree to provide
notice within all Offers of Purchase and Sale for prospective purchasers of those
lots abutting the Recommended Environmental Protection Line, and to register
on title of those lots abutting the Recommended Environmental Protection Line in
a manner satisfactory to the Director of Leisure .Services, that encroachments of
any kind will not be permitted and that fence gates or other means of access will
not be permitted to access open space areas from residential properties.
39. The Owner shall agree in the Subdivision Agreement to share in the costs of a
"Natural Systems Stewardship Brochure" to the. satisfact[OIJ . of tl]~ Town_ of ..
Aurora for inclusion in all Offers of Purchase and Sale of all Lots within the
subdivision, and to register on title of all lots within the subdivision for subsequent
purchasers, that will provide educational material respecting the significance and
sensitivity of the Valley Lands and the Provincially Significant East Aurora
Wetland Complex, and such activities as:
i) Refuse/yard waste/composting;
ii) Fertilizer and pesticide use (inclusive of herbicides,
insecticides and fungicides);
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St. John's Road Development Corporation D12-Q0-1A -Conditions July 10, 2001
iii) Natural area vegetation and soil protection;
iv) Open space access and trail use;
v) Domestic pet impacts and controls;
vi) Invasive plant spreading;
vii) Promoting. planting of native species;
viii) Proper swimming pool management techniques;
ix) Impacts of noise and lighting;
x) Protection of soil and vegetation on natural areas; and
xi) The ecological role of stormwater treatment facilities.
40. The Owner shall agree in the Subdivision Agreement to update the Scoped
Environmental Impact Study -Valley Corridor -East Aurora Wetland Complex
(June 2001) with respect to identifying the extent to which surface and
groundwater contributes to the Provincially Significant Wetland and its associated
vegetation, and recommends appropriate measures to maintain the seasonal
hydrologic/hydrogeologic functions in the post development scenario, to the
satisfaction of the Lake Simcoe Region Conservation Authority,· the Town of
Aurora and the Region of York. The Owner shall further agree in the Subdivision
Agreement to implement the recommendations of the Scoped Environmental
lmp;;~ct Study -Valley Corridor -East Aurora Wetland Complex (June 2001) and.
amendments thereto prepared by Ecoplanslimited and approved by the Town of
Aurora, the Lake Simcoe Region Conservation Authority and the Region of York ·
, .. and in relation to the provisions of Condition 44.
41. The Owner shall agree in the Subdivision Agreement prior to final approval of
any phase or any grading elsewhere within the plan, to prepare a detailed Lot
Grading and Erosion Control Plan to be approved by the Town of Aurora and
Lake Simcoe Region Conservation Authority that shall include proposed methods
for:
i) Erosion and sediment control prior to and during construction
including the extent of grading/filling, the location of spoil pile
storage and the location and nature of sediment control works;
ii) Progressive stripping and grading to ensure minimum duration
of exposed soil areas to the extent practical;
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'St. John's Road Development Corporation 012-00-lA-Conditions July 10, 2001
iii) Ensuring that equipment activities, storage, maintenance,
refueling, grading and similar activities do not occur within the
Provincially Significant Wetland within Blocks 498 and 499; and,
iv) Provisions for restoration and revegetation of any approved
disturbance within Blocks 498 and 499.
42. The Owner shall agree in the Subdivision Agreement to prepare a detailed
engineering, environmental and landscaping report addressing mitigation
techniques for the future east-west road crossing (Block 497), to the satisfaction
of the Town of Aurora and the Lake Simcoe Region Conservation Authority, and
in relation to the provisions of Condition 43, including:
i) Minimization of the working area;
ii) Consideration of areas of potential waterfowl nesting habitat
crossed in assessing opportunities for habitat creation
elsewhere in OPA 30; . ·
iii) Installation of combined paige wire and silt fencing along the
working area limits for protecting the valley and water
quality, in addition to any other controls identified in the
future Lot Grading and Erosion Control Plan in accordance
with Condition 41;
iv) Development of a crossing structure design that maintains
the existing aquatic-based linkages, addresses fisheries
issues and facilitates the movement of terrestrial-based
wildlife;
v) Addressing future road drainage in the detailed design, to
ensure that runoff water quality is maximized prior to release
to the downgradient wat~r course;
vi) Using appropriate lighting to minimize illumination effects
beyond the roadways; and
vii) Consideration of the appropriateness of pedestrian access
opportunities from the roadway in the context of the
proposed Urban Wildlife Park as required through OPA 30.
43. The Owner shall agree . in the Subdivision Agreement to contribute toward the
retention of a qualified environmental consultant to prepare a Management Plan
for the Urban. Wildlife Park, whicti focuses on the Provincially Significant
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St. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
Wetland. The Owner further agrees that a Management Plan for the Urban
Wildlife Park which focuses on the Provincially Significant Wetland shall be
prepared and implemented, at the expense of the Owner together with the
others, by a qualified environmental consultant under the direction of the Town of
Aurora in consultation with the Lake Simcoe Region Conservation Authority, the
Region of York, Non Government Organizations, and the landowners. The
Owner further agrees that the Town of Aurora will use best efforts to collect from
other landowners whose lands are part of and/or affected by the Management
Plan to share in the costs of the preparation and implementation of the facilities
and features that maintain the functions of the wetland as identified in the
Management Plan and that the best efforts will occur at the time· of registration of
a plan of subdivision of these further lands only. The Management Plan shall
address· pre-construction, construction and post construction mitigation,
·rehabilitation and enhancement techniques including the issues of valley stream,
wetland restoration opportunities and the · nature of future management
initiatives/passive recreation uses in the valley. The report shall consider, but
shall not be limited to, the following:
i) An Urban Wildlife Park is to be created focussing on the
East Aurora Wetland Complex, and connecting natural
features eastward, and that there will be restrictions from
time to time on public access and use of lands within the
park;
ii) The mix of cultural meadow, meadow marsh, .and woody
cover that may be desired for the broader system;
iii) Future waterfowl habitat creation initiatives that are being
contemplated on the east side of the valley;
iv) Nature, location, and appropriateness of any future
pedestrian trail, the use thereof, and associated vegetation
screening that may be required or desired;
v) Nature and location of any tributary enhancements and
riparian plantings that may be identified;
vi) Nature and location of vegetative screening within buffer to
screen wetland . from adjacent development, the
effectiveness thereof and any remedial measures required;
vii) Type, location and ownership of fencing;
viii) Private and public use of fertilizers and pesticides (inclusive
of herbicides, insecticides and fungicides);
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St. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
ix) The preparation of an appropriate operating . plan for
managing water levels; and,
x) The preparation and submission of a landscape plan of the
outside walls of the stormwater treatment facility in Block
495 to the satisfaction of the land Simcoe Region
Conservation Authority and the Town of Aurora.
44. "[he Owner shall agree in the Subdivision Agreement to contribute to the cost of
a qualified consultant to be retained by the Town to implement the following
monitoring programs in accordance with the following provisions:
i) . To implement the Scoped Environmental Impact Study -Valley
Corridor-East Aurora Wetland Complex (June 2001) referred to in
Condition 40 to conduct site visits prior to, during .and after
construction to certify that the storm water management works
are carried out as required, all to the satisfaction of the
Director of Leisure Services. In that part of the development
where overland drainage occurs to Open Space Blocks 498
and 499, the Owner agrees to inspect and maintain all of the
sediment and erosion control works (i.e. silt fencing, straw
bales, rock check dams, swales, temporary ponds, etc.) to
ensure their functioning integrity;
ii) In accordance with the provisions of the Management Plan for
the Urban Wildlife Park referred to in Condition 43 and the road
crossing (Block 497) referred to in Condition 42, such
monitoring program will target the successional effectiveness of
the recommendations of the Management Plan, and if, as a
result of carrying out the effectiveness-monitoring program
design modifications are required, then the Owner shall design.
and implement modifications as required, to the satisfaction of
the Director of Leisure Services and the Lake Simcoe Region
Conservation Authority; and,
iii) For any phase a five-year effectiveness monitoring program for
the proposed stormwater infiltration and quality control facilities
to the satisfaction of the Town of Aurora, the lake Simcoe
Region Conservation Authority and the Ministry of the
Environment, if required. The said monitoring program will
specifically target the effectiveness of the proposed BMP's in
relation to their original recharge and quality control design
criteria and their. effectiveness in mitigating development
effects. The Owner further agrees that if, as a result of carrying
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. ,. St. John's Road Development Corporation D12-Q0·1A ·Conditions July 10, 2001
out the effectiveness-monitoring program, design modifications
are required, the Owner shall provide for any such modifications
through such means as agreed to with the Town of Aurora .
. STORMWATER MANAGEMENT
45. . The Owner shall agree in the Subdivision Agreement, to postpone development
of Lot 141 to enable temporary access to Stormwater Management Pond Block
496 until such time that a permanent access to the said Block is provided from
the lands to the south of this plan of subdivision. Further, the Owner agrees in
the Subdivision Agreement to provide an easement on Lot 141 for storm sewer
purposes, all to the satisfaction of the Director of Public Works.
46. The Owner shall agree in the Subdivision Agreement to convey Blocks 495 and
496 for stormwater management purposes to the Town of Aurora at no cost and
free of all encumbrances.
47. The Owner shall agree in the Subdivision Agreement to prepare and to
implement a Stormwater Management Report, which is acceptable to the Town
of Aurora, the Lake Simcoe Region Conservation Authority and the Ministry of
the Environment. The said Report shall substantiate that the development lands
meet the current stormwater quantity and quality requirements in accordance
with the latest Provincial guidelines. Further, the said Report shall include a
recommended protocol for the future maintenance of the facility.
48. The Owner shall agree in the Subdivision Agreement that concurrent with
commencement of any above/below ground construction, all required stormwater
control facilities, siltation controls, ground cover slope stabilization and
naturalization plantings shall occur. Further, the Owner agrees that all
stormwater management facilities shall be fully restored and stabilized
concurrent with the completion of any other aspect of the servicing works.
Restoration shall include finish grading, 300mm depth topsoil, and fringe aquatic
vegetation. The said works shall be to the satisfaction of the Director of Public
Works and the Director of Leisure Services.
49. Prior to undertaking any grading on the site, and in connection with the Topsoil
Removal Permit referenced in Condition 70, the Owner shall submit and agree to
implement a report, to the satisfaction of the Jake Simcoe Region Conservation
Authority and the Town of Aurora, which details the means by which erosion and
siltation and their effects will be minimized and contained on the site, both during
and after the construction period.
50. The Owner shall agree in the Subdivision Agreement to include a clause in all
offers of Purchase and Sale Agreements with prospective purchasers for all Lots
and/or Blocks abutting the stormwater detention ponds, advising of the function
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St. John's Road Development Corporation D12-00-1A -Conditions July 10, 2001
of these areas and that natural vegetation will be maintained on the site ·to
contribute to their function, to the .satisfaction of the Director of Public Works.
LANDSCAPING AND FENCING
51. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement landscape Works on-site, satisfactory to the Director of Leisure
·Services, for specifying the installation of street trees on all road allowances
within the Draft Plan in accordance with Town standards. As an alternative, the
Town may consider through the aforementioned Subdivision Agreement,
accepting cash-in-lieu of the value of street tree plantings, in accordance with the
approved plans, to the satisfaction of the Director of Leisure Ser:vices.
52. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement landscape works on-site as specified within the urban design controls
more particularly required by the Town, to the satisfaction of the Director of
Leisure Services.
53. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement landscape works on-site for the traffic circle islands at the intersection
of Streets A and B, and at the intersection of Streets A and C, to the satisfaction
of the Director of Leisure Services a·nd Director of Public Works.
54. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement landscape works on-site for any proposed subdivision entry features
and associated landscaping within the Plan, to the satisfaction of the Director of
Leisure Services.
55. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement landscape works on-site for specifying all fence types, layouts, fence
materials and construction within the Plan. The Owner shall further agree that all
fencing shall be in accordance with the Town's standards and subject to urban ·
design controls as more particularly required by the Town to the satisfaction of
the Director of Planning, the Director of Public Works, and the Director of Leisure
Services.
56. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement on-site works for the boulevards of parallel streets flanking. Bayview
Avenue to address headlight screening and buffering requirements. The,
development of the said Plans are to be co-ordinated with the recommendations
from the approved Noise Study and Internal Traffic Study. This all shall be to the
satisfaction of the Director of Building Administration, Director of Leisure
Services, Director of Public Works, a~d the Region of York.
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st. John's Road Development Corporation 012-00-lA-Conditions
·57. The Owner shall agre~ in the Subdivision Agreement that all landscape
requirements along the Bayview Avenue flankage, including entry structures and
associated landscaping, fencing, berming and planting, shall be consistent with
urban desig,n tequirelflents approved by the Town and shall provide a high level
· of quality in design, material selection and construction. Landscaping shall be
designed and implemented to achieve an overall cohesive streetscape .. cancept
. along Bayview Avenue ·meeting all Town and Regional require~ents to 'the
· satisfaction of the Director of Planning, Director of Leisure Services and the
Region of Yo~k, , . . .•. •:n,
58. The Owner shall ·agree hi the SUbdivision Agreement to provide design plans and
implement detailed Jandscape_ works on-site for the stormwater :manageiJ!~nt
_ ponds, Blocks 495 and 496, to the satisfaction of the .. Pirector of Public Works
::. and the Director of Leisure Services. Works shall 'fhclude the installation of
submergent and emergent aquatic vegetation in accordance with the latest MOE
design manual, placement of 300mm depth topsoil, finish grading and seedilji~Of
groynd cover vegetation, and extensive tree and shrub naturalization of the pond
slopes and top of bank areas.
.• . . , ~-·• ·Jn .
59. The Owner shall agree in the Subdivision Agreement to provide a con istent and
continuous minimum depth of 300mm of topsoil for all areas associate with tree
plantings within the Plan. These areas shall include all boule • rd areas
designated for street tree plantings, traffic circle planting islands,· pia ting beds
associated with entry features, landscape areas flanking Bayview A enue, and
stormwater pond areas, satisfactory to the Director of Public Wor s and the
Director of Leisure Services. I
I
60. The Owner shall agree in the Subdivision Agreement to perform topsqi testing by
an approved agency for all topsoil sources 'to be utilized within th~ Plan. The
Owner shall further agree to implement fertilizers and· soil arne_ dments in
. accordance with topsoil test recommendations, to the satisfaction of t e Director
' , of Leisure Services. · . ·• J
. i
61. The Owner shall agr~e in the Subdivision Agreement to include withi all Offers
of Purchase and Sale Agreements with prospective purchasers of Lot within the
Plan, a notice clearly. setting out the details of any fencing that is to e installed
. on th~ Lot being purchased. Further, the notice shall cle~ ly identify
specifications relating to fencing location, colour, materials, height and other
design details; and shall clearly indicate that fence specifications are in
accordance with the urban design guidelines and shall not be altered; and timing
of the installation of the fencing. The Owner further agrees that the Director of
Leisure Services and the Director of Planning shall approve the wording of such
notice and any schedules relating thereto. Further, that the Owner shall agree in
the Subdivision Agreement that any fencing that is required by the Town and/or
Region shall be included in the purchase price of the house and Lot. The Owner
-~· 2
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St. John's Road Development Corporation D12·00-1A -Conditions July 10, 2001
shall be required to demonstrate compliance with this condition for any sales that
occur prior to the execution of the Subdivision Agreement.
SITE SERVICING .
·Engineering Plans/Construction
62. . · The Owner shall agree in the Subdivision Agreement that, prior to final design
approval of each phase of the development, the Owner shall provide for the
review and approval of the Director of Public Works, a thorough capacity study of
the Town's water distribution system in this area in order to determine that the
proposed development can be adequately serviced.
63. The Owner shall agree in the Subdivision Agreement to prepare engineering
design drawings for the layout and construction of services (i.e. water, storm and
sanitary) for the lands subject to the entire draft plan of subdivision to the
satisfaction of the Director of Public Works. Further, that such plans shall be
designed and scaled as described in the Town of Aurora Design Criteria Manual.
In addition, the Owner shall further agree in the Subdivision Agreement to
complete the approved said works on a phased basis, to the satisfaction of the
Director of Public Works.
64. The Owner shall agree in the Subdivision Agreement to prepare engineering
design drawings for the layout and construction of an extension to the existing
watermain on Bayview Avenue from the existing northerly end of the watermain
on Bayview Avenue to a point where the extension will connect to the internal
watermain system on Street F, and to construct said watermain, to the
satisfaction of the Director of Public Works and the Region of York.
65. The Owner shall agree in the Subdivision Agreement to submit plans acceptable· ·
to the Director of Public Works detailing phasing of construction and
development, together with the means by which construction access to the site
will be gained during construction phasing. The Owner shall further agree in the
Subdivision Agreement to comply with the phasing plan and make all builders
aware of such a plan.
66. The Owner shall agree in the Subdivision Agreement to include a notice within all
Offers of Purchase and Sale Agreements with prospective purchasers of Lots
within the plan, advising that Street A shall be the construction access for future
phases of the development and as a r~sult they may experience noise, dust and
vibration, such wording of the notice shall be to the satisfaction of the Director of
Public Works.
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.,
St. John's Road DevelopmentCorporation D12-00-1A-Conditions July 10, 2001
General
67. ·The Owner shall agree in the Subdivision Agreement that no building permits are
to be issued until the internal and external watermain networks are complete,
including the extension of the· Bayview Avenue watermain as described in
Condition 64, and all internal watermains are connected to the watermain system
on Bayview Avenue and Pederson Drive. Further, the Owner shall agree in the
Subdivision Agreement that no building permit shall be issued for any Lot or
Block until paved access is completed to Bayview Avenue, unless otherwise
approved by the Town of Aurora.
68. The Owner shall agree in the Subdivision Agreement, to postpone development
of Lots 162, 194, 195 and 240 to enable temporary storm drainage until the
permanent storm drainage system is constructed within the lands to the south, to
the satisfaction of the Director of Public Works.
69. The Owner shall agree, prior to final approval, that the plan may be subject to
··red line revisions in order to accommodate the final alignment of the East Holland
Sanitary Trunk Sewer, to the satisfaction of the Town of Aurora and the Region
ofYork. ·
Topsoil/grading
.70. The Owner shall agree that, prior to undertaking any removal of topsoil on the
site, the Owner shall apply for and receive a Topsoil Removal Permit from the
Town of Aurora Public Works Department. Documentation submitted with this
application shall include the proposed phasing of grading, the storage of topsoil,
the approval from the Director of Leisure Services with respect to tree protection
fencing. Further, the Owner shall agree in the Subdivision Agreement that no
topsoil storage shall occur on any· School and Park Blocks without the prior
" written approval of the Director of Leisure Services.
71. The Owner shall agree in the Subdivision Agreement that all Lots and/or Blocks
within the plan to be left vacant for longer than six months, and all portions of ·
public highways that are not paved, together with all drainage swales, shall be
graded, seeded and/or sodded, and maintained to the satisfaction of the Director
of Public Works.
Transportation
72. The Owner shall, prior to final approval, submit Internal and External Traffic
Studies for review and approval by the Director of Public Works. The Owner
shall further agree in the Subdivision Agreement that all road work and
construction shall be in accordance with the approved Internal Traffic Study,
which shall include works relating to road cross-sections, parking controls, bike
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St. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
ways, <pavement markings, traffic signage including bicycle route signage and
other requirements as set out in the said study.
73. The Owner shall agree in the Subdivision Agreement to ,design and install all
traffic control devices (including temporary pavement markings) as specified in
the approved Internal Traffic Study prior to the occupancy of any dwelling unit, to
the satisfaction of the Director of Public Works.
-
74. The Owner shall, prior to final approval, demonstrate that the final plan proposed
for registration complies with the Town of Aurora's standard angle bend
configuration with respect to all elbow road bends on the Plan, to the satisfaction
of the Director of Public Works .
. 75. The Owner shall, prior to final approval, demonstrate that Street A shall line up
with Pederson Drive, such confirmation shall be provided through the Owner's
surveyor, and/or traffic consultant prior to plan registration, to the satisfaction of
the Director of Public Works.
76. The Owner shall agree in the Subdivision Agreement to convey to the Town of
Aurora Block 497, free and clear of all encumbrances and at no cost to the Town,
and construct the extension of Street "A" (as contained in Block 497), as part of
the registration of the final phase of the plan, to the satisfaction of the Director of
Public Works.
77. The Owner shall agree in the Subdivision Agreement to submit and implement a
plan, acceptable to the Director of Fire and Emergency Services, which
delineates firebreaks; ~and indicates the locations of hydrants and temporary
· accesses within the plan.
78. The Owner shall agree in the Subdivision Agre.ement that all road allowances
and walkways included within this Plan of Subdivision shall be dedicated as
public highways and shall be deeded to the Town of Aurora at no cost and free of
all encumbrances, to the satisfaction of the Town of Aurora's Solicitor.
79. The Owner shall agree in the Subdivision Agreement that the road allowances
included within this Plan of Subdivision shall be named to the satisfaction of the
Regional Planning Department and the Director of Corporate Services and in
accordance with the Town of Aurora's Street Naming Policy.
80. The Owner shall, prior to final approval, ensure that all dead ends, open sides of
road allowances, and open space Blocks, together with other exterior side yard
flankages of the Lots or Blocks as specified below, within this Plan of Subdivision
shall be terminated in 0.3 metre reserves to be conveyed to the Town of Aurora
at no cost and free of all encumbrances, to be held by the Town of Aurora until
required for future road allowances, or for the development of adjacent lands, or
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.• !;t. John's Road Development Corporation D12-00-1A -Conditions July 10, 2001
to prohibit access at certain lo~ations, all to the satisfaction of the Director of
Public Works. Lots and Blocks affected shall include, but are not limited to,
Blocks 505 to 507 inclusive, Blocks 509 to 513 inclusive, Block 516, and redline
revision Block 517.
81. The Owner shall agree in the Subdivision Agreement that any road that is not a
through street will be terminated in a temporary or permanent turning circle. The
Owner shall also agree that Building Permits will not be issued for Lots on which
temporary turning circles are constructed. Further, the Owner agrees to include
a notice in all Offers of Purchase and Sale of those Lots abutting a temporary
and/or permanent turning circle, advising them of its proposed use as a turning
circle and that the road may be extended.
82. Jhe Owner shall agree in the Subdivision Agreement to enter into a Turning
Circle Agreement with the Town ·for any temporary turning circles that are
required to be constructed in this subdivision.
83. The Owner shall agree in the Subdivision Agreement to construct Street "A" up to
and including the intersection with ·Street I as part of the first phase of the
development, to the satisfaction of the Director of Public Works.
, 84. The Owner shall agree in the Subdivision Agreement to include within all Offers
of Purchase and Sale Agreements with prospective purchasers of Lots within the
plan, information prepared by the Town in regard to the proper ·use of
roundabouts within the plan, to the satisfaction of the Director of Public Works.
85. The Owner shall, prior to final approval, demonstrate to the satisfaction of the
Director of Public Works that the Town's new parking standards and parking
policies, as adopted by Council on November 10, 1999 have been complied with.
Further, the Owner shall agree in the· Subdivision Agreement to insert a warning
c;:lause in all Offers of Purchase and Sale Agreements with prospective
purchasers advising of the possible implementation of parking restrictions, if
deemed necessary by the Town.
URBAN DESIGN
86. The Owner shall agree in the Subdivision Agreement, to include within the Offer
of Purchase and Sale with the York Region District School Board for School
Block 493, a notice advising that that the School Block 493 shall be developed in
. accordance with the York Region Safety and Traffic Circulation at School Sites
Guidelines Study (July 1999), to the satisfaction of the Director of Public Works.
87. The Owner shall agree in the Subdivision Agreement to prepare prior to final
approval, Architectural and Urban Design Guidelines. The Owner further agrees
to implement the recommendations and measures contained in !he Architectural
-19-
. " ~t. John's Road Development Corporation D12·00·1A ·Conditions July 10, 2001
and Urban Design Guidelines. Design and construction of all residential dwelling
units, walkways, landscaping and all other areas within each Plan shall be
conducted in strict compliance with the Architectural and Urban Design
Guic;ielines. The Architectural and Urban Design Guidelines shall be prepared by
a qualified urban design consultant at the expense of the Owner and to the
satisfaction of the Town of Aurora. The Architectural and Urban Design
Guidelines shall address the following:
Noise Study
i) Ensure that the· streetscape character de-emphasizes the
predominance of garages on all residential streets;
ii) Innovative designs for the housing to be constructed within
the neighbourhood; and,
iii) Be in accordance with the policies and design principles
expressed in OPA 30.
88. The Owner shall, prior to final approval, engage the services of a qualified noise
consultant to complete a Noise Study which assesses projected nuisances
caused by noise or vibration within the development, especially for properties
abutting, and in proximity to, Bayview Avenue. The Study shall demonstrate how
noise levels can be made to be acceptable in accordance with current Provincial
standards and Town of Aurora policies, and address the long-term functionality
and maintenance of any recommended mitigation measures, which are deemed
appropriate and acceptable to the Town. The Owner shall further agree in the
Subdivision Agreement to implement the recommendations and measures of the
approved. Noise Study. The recommendations of the aforementioned Noise
Study shall address to the satisfaction of the Town, the 55 DBA limit on all Lots
and/or Blocks. All attenuation measures and mitigating measures proposed for
acoustical purposes shall be approved by the Director of Public Works, the
Director of Leisure Services, and the Director of Building Administration and the
Regional Transportation and Works Department.
89. The Owner shall agree in the Subdivision Agreement to insert the following
warning clause within all Offers of Purchase and Sale Agreements for
prospective purchasers of Lots identified by the Noise Study:·
"Purchasers are advised that, despite the inclusion of noise attenuation
features within the development area and within the individual building
units, noise levels will continue to increase, occasionally interfering with
some activities of the building's occupants."
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. t " ~t. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
MISCELLANEOUS
90. The Owner shall, prior to final approval and if required by the Town of Aurora,
enter into a front-ending agreement with . the Town, in accordance with the
provisions of the Development Charges Act, which will set out any required
external services to be installed by the Owner and the means by which credits
will be given to the Owner.
91. The Owner shall agree in the Subdivision Agreement that, prior to the issuance
of building permits for sales trailers for the purposes of marketir:~g residential units
on the site, the Owner shall submit and obtain the written approval from the
Director of Planning with respect to the location of sales trailers and with respect
to the display plans to be used for sales and/or marketing purposes. Such plans
shall include the location of:
i) The latest version of the approved draft plan or registered
plan;
ii) The proposed location of any and all sidewalks, street
furniture, . community . mail boxes, parks (including all
recreational facilities to be provided), schools, churches,
open space areas, environmental protection areas,
stormwater management ponds, landscaping, entranceway
features, noise attenuation measures (both _internal and
external to the dwelling unit), erosion control facilities, buffer
areas, watercourses, accurate representations of existing
and proposed surrounding land uses within 150 metres of
the boundaries of the draft plan, and any proposed warning .
clauses, or restrictive covenants to be registered on title;
a~. .
iii) A copy of the approved zoning by-law for the lands, together
with the Subdivision Agreement (when approved by the
Town of Aurora).
Further, the Owner shall agree to keep all of the above materials up-to-date, to
reflect the most current approvals, and/or submissions regarding the plan, and/or
engineering design drawings, and other such matters as may be required by the
Director of Planning and Director of Building Administration.
92. The Owner shall, prior to final approval, demonstrate compliance with the "Town
of Aurora's Interim Policy and Proceaures Contaminated Sites" as approved by
Council on July 23, 1998. Further, the~ Owner shall agree in the Subdivision
Agreement to undertake any studies, remedial work, restorative work and/or any
-21 -
• ;, ~t. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
other actions required as a result of the implementation of the Town's
contamination policy, prior to Plan Registration and the conveyance of the said
lands to the Town. ·
93. The Owner shall agree in the Subdivision Agreement with the Town of Aurora
that if The York Region .District School Board determines that their school site on
Block 493 is no longer required by their Board and/or upon release of the Owner
by the Board from their obligations to convey the said school site to the Board at
anytime, either prior to or subsequent to the expiry of the Owner's Agreement
with the Board, the Owner shall grant the Town of Aurora first right of refusai to
purchase Block 493, or portion thereof,. for municipal purposes upon the same
terms and conditions including, but not limited to, the purchase price of the site
as set out in its Agreement with.The York Region District School Board, upon
request by the Town of Aurora, and shall enter into such agreements with the
Town of Aurora as is necessary to do so.
94. The Owner shall, prior to final approval, complete a Stage II archaeological
assessment of the subject property and mitigate through preservation or
resource removal and documentation, adverse impacts to any significant
archaeological resources found. No grading or other soil disturbances shall take
place on the subject property prior to the Town of Aurora and Ministry of Tourism,
Culture and Recreation confirming that all archaeological resource concerns
have met licensing and resource conservation requirements.
95. The Owner shall agree, prior to the final approval, to submit a geotechnical report
for review and approval by the Town of Aurora, which will deal with the relative
elevations of foundations and footings, the requirements for engineered fill based
on existing subsurface conditions, and the requirements for road and municipal
services construction, to the satisfaction of the Di.rector of Building Administration
and Director of Public Works.
96. The Owner shall agree in the Subdivision Agreement to erect and maintain signs
on any vacant land within the Plan indicating the designated or proposed use of
all Lots and/or Blocks (including temporary and/or permanent turning circles),
other than those Lots designated for residential purposes.
97. The Owner shall agree in the Subdivision Agreement to enter into a Cost Sharing
Agreement satisfactory to the Town of Aurora, such Agreement shall deal with
providing for such facilities and matters specified in the conditions of Draft
Approval, including but not limited to the Wetland Management Plan, and
roundabouts.
98. The Owner shall agree in the Subdivision Agreement to postpone development
of the Blocks identified on the Plan as 'Future Development' (which include
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.. " ~t. John's Road Development Corporation 012-00-lA-Conditions July 10, 2001
.Blocks 500 to 502 inclusive), until such time as a Subdivision Agreement is in
effect between the Town and the adjoining landowner.
REGIONAL MUNICIPALITY OF YORK
99. The road allowances included within this draft plan of subdivision shall be named
·to the satisfaction of the area muniCipality and the Regional Planning and
Development Services Department.
100. The Regional Transportation and Works Department shall confirm that adequate
water supply capacity and sewage treatment capacity are available for the
development proposed within this draft plan of subdivision or any phase thereof,
and have been allocated thereto by the area municipality.
101. The Regional Transportation and Works Department shall confirm that contracts
have been let for the required water supply and sanitary servicing facilities.
102. The Regional Transportation and Works Department shall confirm that the
servicing allocation summary table has been revised by the Town of Aurora to
demonstrate that this proposal can be serviced by the existing water supply.
, 103. Prior to final approval, the plan be subject to red-line revisions in order to
accommodate the final alignment of the East Holland Sanitary Trunk Sewer, if
necessary.
104. The Owner shall have prepared, by a qualified professional transportation
consultant, a functional transportation report/plan outlining the required Regional
road improvements for this subdivision. The report/plan, submitted to the
Regional Transportation and Works Department for review and approval, shall
explain all transportation issues and shall recommend mitigative measures for
these issues. ..
1 05. The Owner shall agree in the Subdivision Agreement, in wording satisfactory to
the Regional Transportation and Works Department, to implement the
recommendations of the functional transportation report/plan as approved by the
Regional Transportation and Works Department.
106. The Owner shall engage the services of a consultant to prepare and submit for
review and approval, a noise study to the satisfaction of the Regional
Transportation and Works Department "recommending noise attenuation features
and the Owner shall agree to implement these noise attenuation features to the
satisfaction of the Regional Transportation and Works Department.
,
1
107. The following warning clause shall be included in a registered portion of .the
subdivision agreement with respect to the lots or blocks affected:
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' ·' 'st. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
"Purchasers are advised that despite the inclusion of noise attenuation features
within the development area and within the individual building units, noise levels
will continue to increase, occasionally interfering with some activities of the
building's occupants".
108. Where noise attenuation features will abut a Regional right-of-way, the Owner
shall agree in the Subdivision Agreement, in wording satisfactory to the Regional
Transportation and Works Department, as follows:
a) That no part of any noise attenuation feature shall be constructed
on or within the Regional right-of-way;
b) That noise fences adjacent to Regional roads may be constructed
on the private side of the 0.3 metre reserve and may be a
maximum of 2.5 metres in height, subject to the area mu[licipality's
concurrence;
c) That maintenance of the noise barriers and fences bordering on
Regional right-of-ways shall not be the responsibility of the
Regional Municipality of York; and,
d) That any landscaping provided on the Regional right-of-way by the
Owner or the area municipality for aesthetic purposes must be
approved by the Regional Transportation and Works Department
and shall be maintained by the area municipality with the exception
of the usual grass maintenance.
109. The Owner shall submit detailed engineered drawings for review and approval by
the Regional Transportation and Works Department that incorporate the
recommendations of the functional transportation reporUplan as approved by the
Regional Transportation and Works Department and includes the subdivision·
storm drainage system, site grading and servicing, plan and profile for proposed
intersections, construction access and mud mat design, utility location plans,
pavement markings, intersection signalization and illumination design, traffi~
control/construction staging plans and landscape plans.
110. The following lands shall be conveyed to the Regional Municipality of York for
public highway purposes, free of all costs and encumbrances:
a) A widening across the full frontage of the site where it abuts Bayview
Avenue of sufficient width to provide a minimum of 18 metres from the
centreline of construction of Bayview Avenue;
-24-
! '' k John's Road Development Corporation D12-00-1A -Conditions July 10, 2001
b) 15 metre by 15 metre daylighting triangles at the southeast and northeast
corners of Bayview Avenue and Street A;
c) An additional 2 metre widening, 40 metres in length, together with a 60
metre taper for the purpose of a northbound right turn lane at the
intersection of Bayview Avenue and Street A; and,
d) A 0.3 metre reserve across the full frontage of the site where it abuts
Bayview Avenue and adjacent to the above noted widenings.
111. Street A shall intersect Bayview Avenue directly opposite and on a common
tangent with Pederson Drive. The intersection of Bayview Avenue and Street A
shall be designed and constructed to the satisfaction of the Regional
Transportation and Works Department with any interim or permanent intersection
works including turning lanes, profile adjustments, illumination and/or
signalization as deemed necessary by the Regional Transportation and Works
· Department.
112. The Owner shall agree in the Subdivision Agreement, in wording satisfactory to
the Regional Transportation and Works Department, to provide for the installation
of visual screening between Bayview Avenue and Streets D, E and F, consisting
of either a screening fence or a combination of a berm and planting , to a
maximum height of 1.8 metres and to be located entirely within the right-of-way
of local streets (Streets D, E and F). The Owner shall submit to the Regional
Transportation and Works Department for review and approval, landscape plans
showing the proposed planting for headlight screening purposes.
113. Any existing driveways along the Regional road frontage of this subdivision that
are not approved by the Regional Transportation and Works Department for
subdivision access shall be removed as part of the subdivision work, at no cost to
the Region.
114. Any relocation or modification to neighbouring driveways required to
accommodate the proposed Bayview Avenue and Street A intersection shall be
co-ordinated by the Developer and shall be carried out and at no cost to the
Region.
11.5. Access to the Stormwater Management Block, Block 496 shall be via the internal
streets. Access to Block 496 from Bayview Avenue shall not be permitted.
116. The location and design of the construction access for the subdivision work shall
be to the satisfaction of the Regional Transportation and Works Department.
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• •• St. John's Road Development Corporation D12-00-1A -Conditions July 10, 2001
117. That Open Space Blocks 498 and 499, and any other lands as identified through
the provision and final recommendations through studies as identified in
Condition 123 below, be set aside for public acquisition.
118. The Owner shall, to the satisfaction of the Region of York, update the Scoped
Environmental Impact Study-Valley Corridor-East Aurora Wetland Complex
(EIS), dated June 2001; prepared by Ecoplans, with respect to on-going findings
of the hydrogeological investigation on post development groundwater discharge
impacts on the finger like portion of the wetland, west of the North Pond of the
Provincially Significant East Aurora Wetland Complex.
119. The final and approved recommendations of the Management Plan for an Urban
Wildlife Park, being undertaken by the Town, shall be implemented to the
satisfaction of the Region of York, where such recommendations affect or are
required to be implemented by the landowner through the draft plan of
subdivision.
120. The Owner shall agree in the Subdivision Agreement to prepare a "Natural
Systems Stewardship Brochure" for inclusion in all Offers of Purchase and Sale
in all Lots within the subdivision, and to register on title of all lots within the
subdivision for subsequent purchasers, that the Owner shall provide educational
material respecting the significance and sensitivity of the Regional Greenland
System including the East Holland Valley and Stream Corridor and the
Provincially Significant East Aurora Wetland Complex. The wording of the
Brochure shall be to the satisfaction of the Region of York and shall provide
recommendations on a number of environment friendly home and yard
management practices, such as the items contained within Condition 39 (i) to (xi)
inclusive.
121. Development of Block 518 will not proceed until the Region is satisfied with the.
hydrogeol.ogical investigation updates to the EIS or is in receipt of, and satisfied
with a separate Study to be undertaken by the owner, which identifies the extent
to which surface and groundwater contributes to the Provincially Significant
Wetland and its associated vegetation, and recommends appropriate measures .
to maintain the seasonal hydrologic/hydrogeologic functions in the post
development scenario.
122. The Owner shall agree in the Subdivision Agreement to implement the
recommendations as a result of the Study referred to in Condition 121 and the
recommendations of the EIS, June 2001, and updates and amendments thereto,
prepared by Ecoplans, and approved by the Region of York.
123. Should the Studies, as identified in Conditions 118, 119 and 121 above,
determine that all or a portion of the.lands east of Street 8 and south of Street A
cannot be developed, and must be maintained to provide ecological buffer
-26-
' . ' ~t. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
functions, the Owner shall red line revise the draft plan such that all or portions of
the said lands be included as part of the adjacent Open Space block, Block 499.
124. The Owner shall provide a copy of the signed Subdivision Agreement to the
Regional Planning and Development Services and Regional Transportation and
Works Departments outlining all requirements.
125. The Owner shall enter into an agreement with the Regional Corporation agreeing
to satisfy all conditions, financial and otherwise including such front-ending
agreements as may be necessary, of the Regional Corporation in accordance
with By-law DC-3-98-77.
LAKE SIMCOE REGION CONSERVATION AUTHORITY
126. That this approval relates to a draft plan of subdivision prepared by Malone
Given Parsons Ltd. dated June 4, 2001 (Revised) and two Redline Revisions ·
dated July 6, 2001 to create Blocks 517 and 518.
127. Development of Block 518 will not proceed until the Lake Simcoe Region
Conservation Authority is satisfied with the hydrogeological investigation updates
to the EIS or is in receipt of, and satisfied with a separate Study to be undertaken
by the Owner, which identifies the extent to which surface and groundwater
contributes to the Provincially Significant Wetland and its associated vegetation,
and recommends appropriate measures to maintain the seasonal
hydrologic/hydrogeologic functions in the post development scenario.
128. Prior to final approval and to any grading taking place on the site, a stormwater
management report incorporating Level I protection be prepared to the
satisfaction of the Lake Simcoe Region Conservation Authority. Provision must
be made to locate detention facilities above the elevation of the 1:100 year storm
flood line if applicable.
129. That a report be prepared to the satisfaction of the Authority detailing the means
whereby erosion'and siltation will be minimized and contained on the site both
during and subsequent to the construction period.
130. That the Owner obtain all necessary Authority permits.
131. That the Owner prepare a vegetation report for the stormwater management
facility to the satisfaction of the Lake Simcoe Region Conservation Authority.
132. That all lands subject to flooding during a Regional storm be zoned such that the
erection of structures of any kind, the placing or removing of fill or the alteration
of a watercourse be prohibited without the written approval of the Lake Simcoe
Region Conservation Authority.
-27-
• • • St. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
133. Thatthe Owner agree in the Subdivision Agreement to carry out or cause to be
carried out the recommendations and measures contained within the reports
approved under Conditions 128, 129 and 131.
· 134 .. That the Owner agree in the Subdivision Agreement to maintain all erosion and
siltation control devices in good repair during the construction period in a manner
· satisfactory to the Lake Simcoe Reg ion Conservation Authority.
135. That the Owner agree in the Subdivision Agreement to carry out or cause to be
carried out the mitigation measures recommended in the Scoped Environmental
Impact Study (Ecoplans Limited, Revised June 2001 and subsequent
revisions/amendments) satisfactory to the Lake Simcoe Region Conservation
Authority.
CLEARANCE
136. Final approval for registration may be issued in phases provided that:
i) Phasing is proposed in an orderly progression; and
ii) All agencies agree to registration by phases and provide
clearances as required in Conditions 1 through 134 inclusive for
each phase proposed for registration by the Owner. The required
clearances may relate to lands not located within the phase sought
to be registered.
137. The Town of Aurora Planning Department shall advise that Conditions 1 to 4
inclusive, 6 to 8 inclusive, 40 to 44 inclusive, 57, 61, 87, 91 and 92 have been
satisfied, stating briefly how each condition has been met. ·
!
138. The Town of Aurora Treasury Department shall advise that Conditions 90 and 97
have been satisfied, stating briefly how each condition has been met.
139. The Town of Aurora Public Works Department shall advise that Conditions 9 to
17 inclusive, 45 to 50 inclusive, 53, 55, 56, 58, 59, 62 to 76 inclusive, 80 to 86
inclusive, 88, 89, 95, 96 and 98 have been satisfied, stating briefly how each
condition has been met.
140. The Town of Aurora Leisure Services Department shall advise that Conditions 27
to 44 inclusive, 47 to 49 inclusive, 51 to 61 inclusive, 70 and 93 have been
satisfied, stating briefly how each condition has been met.
-28-
• ' • ~'st. John's Road Development Corporation D12-00-1A-Conditions July 10, 2001
! 141. The Town of Aurora Director of Fire and Emergency Services Department shall
advise that Condition 77 has been satisfied, stating briefly how the condition has
been met.
142. The Town of Aurora Building Administration Department shall advise that
Conditions 5, 56, 67, 88, 91, 92, 95 and 96 have been satisfied, stating briefly
how each condition has been met.
143. The Town of Aurora Corporate Services Department shall advise that Conditions
78 and 79 have been satisfied, stating briefly how each condition has been met.
144. The York Region District School Board shall advise that Conditions 19 to 26 have
been satisfied; the clearance letter shall include a brief statement detailing how
the conditions have been met.
145 .. The Ministry of Tourism, Culture and Recreation shall advise that Condition 94
has been satisfied; the clearance letter shall include a brief statement detailing
how the condition has been met.
146. The Aurora Hydro Electric Commission shall advise that Condition 18 has been
satisfied; the clearance letter shall include a brief statement detailing how the
condition has been met. ·
147. The Regional Municipality of York shall advise that Conditions 40, 43, 57, 64, 69,
88 and 99 to 125 inclusive have been satisfied; the clearance letter shall include
a brief statement detailing how each condition has been met.
148. The Lake Simcoe Region Conservation Authority shall advise that Conditions 40
to 43 inclusive, 47, 49 and 126 to 135 have been satisfied; the clearance letter
shall include a brief statement detailing how each condition has been met.
NOTE: WHERE FINAL APPROVAL FOR REGISTRATION HAS NOT BEEN
GIVEN WITHIN FIVE YEARS AFTER THE DATE UPON WHICH
APPROVAL TO THE PROPOSED PLAN OF SUBDIVISION OR ANY
PART THEREOF WAS GIVEN, THE TOWN OF AURORA MAY, IN ITS
DISCRETION, AND PURSUANT TO THE PLANNING ACT R.S.O. 1990
WITHDRAW ITS APPROVAL TO THIS PROPOSED PLAN OF
SUBDIVISION, UNLESS APPROVAL HAS BEEN SOONER
WITHDRAWN, BUT THE TOWN OF AURORA MAY FROM TIME TO
TIME EXTEND THE DURATION OF THE APPROVAL.
?AURORA_NTNOTE\DEPARTMENTAL\Pianning\012 Subcfrvisioris\D12-00-1A, Metrus 1 c:oncfltiOns DA, July 10.doc
-29-
ATTACHMENT "3"
SL John's Road Development Corporation 014-05-00
THE CORPORA T/ON OF THE TOWN OF AURORA
By-law Number 4293·01.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 categories applying to the lands shown in dark outline on
Schedule "A" attached hereto and forming part of this By-law are hereby
amended from: "Rural (RU) Zone" to "Detached Dwelling Second Density
Residential Holding (H)R2-71 Exception Zone", "Detached Dwelling
Second Density Residential Holding (H)R2-72 Exception Zone",
':Detached Dwelling Second Density Residential Holding (H)R2-73
Exception Zone", "Semi-Detached And Duplex Dwelling Third Density
Residential Holding (H)R3-17 Exception Zone", "Major Open Space (0-9)
Exception Zone", "Major Open Space (0-16) Exception Zone",
"Environmental Protection (EP-15) Exception Zone" and "Institutional (I·
13) Exception Zone".
2) THAT Section 11 is hereby amended by adding the following as Section
11. 73, "Detached Dwelling Second Density Residential Holding (H)R2-71
Exception Zone."
11.73.1
11.73.2
11.73.2.1
11.73.2.2
USES PERMITTED
one detached dwelling per lot
a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12 excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specifications
Front Yard
• Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
·one side
·other side
Exterior Side Yard (minimum)
-Main Building
450.0 square metres
15.0 metres
4.5 metres
7.5 metres
1.2 metres
0.6 metres
-Garage accessed over a flankage lot line
3.0 metres
6.0 metres
11. 73.2.2.1 Notwithstanding any provisions to the contrary, the minimum
required distance separation between the walls of any two
detached dwellings shall be 1.2 metres. Where the distance
between the walls of two detached dwellings is less than 3.0
PL000902
metres, no window below grade or door below grade is
penmitted in any such wall.
11.73.2.2.2 Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
11.73.2.2.3 Notwithstanding any other provisions to the contrary, on a
multi-storey dwelling, that portion of the front wall of the main
. building, located above an attached garage, for no less than
60% of the garage width, shall not be setback more than 2.5
metres from the front wall of the garage.
11.73.2.2.4 Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle has been conveyed to
a public authority, the flankage lot line and the front lot line
shall be deemed to be the continued projection of the
flankage lot line and the front lot line to a point of
intersection, for the purposes of calculating the required
minimum front yard, and the required minimum exterior side
yard requirements. Notwithstanding the provisions above,
and any other provisions to the contrary, no building or
structure shall be permitted to encroach within the
daylighting triangle.
11. 73.2.2.5 Notwithstanding, the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear lot line. ·
11. 73.2.2.6 Notwithstanding the definition contained within Section
3.124, on a corner lot where a 0.3 metre reserve abuts a
street, the exterior side yard shall be deemed to include the
0.3 metre reserve, for the purposes of calculating the
minimum exterior side yard requirements.
11. 73.2.2.7 Notwithstanding the provisions of Section 6.48.1, open-sided
one and two storey roofed porches and balconies, with or
without foundation, may project 2,0 metres into the required
front yard or the required exterior side yard, provided that no
part of the porch, including eaves, is located closer than 2.0
metres to the lot line. Steps may encroach into the required
front yard or the required exterior side yard provided they are
not located any closer than 1.0 metre to the lot line.
11.73.2.2.8 Notwithstanding the provisions of Section 11.73.2.2, where a
Lot abuts a Regional Road, the exterior side yard for the
building (main) and the garage shall be a minimum of 6.0
metres.
11. 73.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimull))
Interior Garage Width (maximum)
Floor Area (minimum)
45.0 percent
11.0 metres
6.0 metres
2.9 metres
6.0 metres
110.0 square metres
11. 73.2.3.1 Notwithstanding the definition contained within Section 3.72,
open-sided one and two storey-roofed porches, bay
11.73.2.4
-3-
windows, and fireplaces, with or without foundation, shall not
be included in the calculation of lot coverage. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
Parking
Notwithstanding the definition contained within Section 3.98
and the provisions of Section 6.26. U, a minimum of three
(3) parking spaces shall be provided, of which a minimum of
one (1) parking space shall be provided within a private
garage per unit, and a minimum of two (2) parking spaces
shall be provided, either in tandem or side by side, on the
driveway, including that portion of the driveway that extends
beyond the lot.
11.73.2.4.1 Garage Setback
11.73.3
Notwithstanding the provisions of Section 6.26, the following
minimum garage setbacks shall apply:
Garage Setback (minimum)
-garage accessed by a single driveway
intersected by a sidewalk 9.25 metres
-garage accessed by a single driveway
not intersected by a sidewalk 6.0 metres
-garage accessed by a double driveway
either intersected by a sidewalk or not
intersected by a sidewalk 6.0 metres
Notwithstanding any other provisions to the contrary, a single
driveway shall be defined as a driveway less than 5.4 metres
in width, and a double driveway shall be defined as a
driveway between 5.4 metres and 6.0 metres in width. The
provisions of Section 6.28.1.1 shall also apply.
Holding Prefix
Notwithstanding the provisions of Section 11.73 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R2-71, 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 existed on the date of the
passing of this by-law shall 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 lands zoned (H)R2-71, or any part thereof,
the Town of Aurora shall be satisfied that the relevant
provisions of Section 4.3.2 of the Official Plan have been
complied with. In addition, to the .foregoing, and prior to the
removal of the "(H)" Holding prefix, the following shall have
been complied with: ·
I . '
3)
-4-
i) The Region of York has confirmed that adequate
· servicing capacity is available and the Town of Aurora
has allocated such capacity;
ii) A subdivision agreement, and other agreement(s) as
required, have been executed between the Owner of·
the lands and the Corporation of the Town of Aurora;
and
iii) The Town of Aurora is satisfied that the removal of the
"(H)" represents a logical and orderly progression of
development.
Upon removal of the "(H)" . Holding prefix from the lands
zoned (H)R2-71, pursuant to Section 36 of the Planning Act,
or any successor thereto, the provisions applicable to the
said lands shall be as set out in Sections 11.73.1 and
11.73.2.
THAT Section 11 is hereby amended by adding the following as Section
11.74, "Detached Dwelling Second Density Residential Holding (H)R2-72
Exception Zone."
11.74.1
11.74.2
11. 74.2.1
USES PERMITIED
one detached dwelling per lot
a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
390.0 square metres
12.0 metres
11.74.2.2 Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
-one side
-other side
Exterior Side Yard (minimum)
-Main Building
-Garage accessed over a flankage lot line
4.5 metres
6.0 metres
1.2 metres
0.6 metres
3.0 metres
6.0 metres
11.74.2.2.1 Notwithstanding any provisions to the contrary, the minimum
required distance separation between the walls of any two
detached dwellings shall be 1.2 metres. Where the distance
between the walls of two detached dwellings is less than 3.0
metres, no window below grade or door below grade is
permitted in any such wall. .
11.74.2.2.2 Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be either
flush wilh, or project in front of the garage.
. s.
11.74.2.2.3 Notwithstanding any other provisions to the contrary, on a
multi-storey dwelling, that portion of the front wall of the main
building, located above an attached garage, for no less than
60% of the garage width, shall not be setback more than 2.5
metres from the front wall of the garage.
11.74'.2.2.4 Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle has been conveyed to
a public authority, the flankage lot line. and the front lot line
shall be deemed to be the· continued projection of the
flankage lot line and the front lot line to a point of
intersection, for the purposes of calculating the required
minimum front yard, and the required minimum exterior side
yard requirements. Notwithstanding the provisions above,
and any other provisions to the contrary, no building or
structure shall be permitted to encroach within the
daylighting triangle.
11.74.2.2.5 Notwithstanding, the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear lot line.
11.7 4.2.2.6 Notwithstanding the definition contained within Section
3.124, on a corner lot where a 0.3 metre reserve abuts a
street, the exterior side yard shall be deemed to include the
0.3 metre reserve, for the purposes of calculating the
minimum exterior side yard requirements.
11. 74.2.2. 7 Notwithstanding the provisions of Section 6.48.1, open-sided
one and two storey roofed porches and balconies, with or
without foundation, may project 2.0 metres into the required
front yard or the required exterior side yard, provided that no
part of the porch, including eaves, is located closer than 2.0
metres to the lot line. Steps may encroach into the required
front yard or the required exterior side yard provided they are
not located any closer than 1.0 metre to the lot line.
11.74.2.2.8 Notwithstanding the provisions of Section 11.74.2.2, where a
Lot abuts a Regional Road, the exterior side yard for the
building (main) and the garage shall be a minimum of 6.0
metres.
11.74.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
45.0 percent
11.0 metres
6.0 metres
2.9 metres
6.0 metres
110.0 square metres
11.74.2.3.1 Notwithstanding the definition contained within Section 3.72,
open-sided one and two storey roofed porches, bay
windows, and fireplaces, with or without foundation, shall not
be included in the calculation of lot coverage. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres.
\
)
11.74.2.4
-6-
Parking
Notwithstanding the definition contained within Section 3.98
and the provisions of Section 6.26.1.1, a minimum of three
(3) parking spaces shall be provided, of which a minimum of
one (.1) parking space shall be provided within a private
garage per unit, and a minimum of two (2) parking spaces
shall be provided, either in tandem or side by side, on the
driveway, including that portion of the driveway that extends
beyond the lot.
11.74.2.4.1 Garage Setback
11.74.3
Notwithstanding the provisions of Section 6.26, the following
minimum garage setbacks shall apply:
Garage Setback (minimum)
-garage accessed by a single driveway
intersected by a sidewalk 9.25 metres
-garage accessed by a single driveway
not intersected by a sidewalk 6.0 metres
-garage accessed by a double driveway
either intersected by a sidewalk or not
intersected by a sidewalk 6.0 metres
Notwithstanding any other provisions to the contrary, a single
driveway sha[l be defined as a driveway less than 5.4 metres
in width, and a double driveway shall be defined as a
driveway between 5.4 metres and 6.0 metres in width. The
provisions of Section 6.28.1.i shall also apply.
Holding Prefix
Notwithstanding the provisions of Section 11.74 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R2-72, 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 existed on the date of the.
passing of this by-law shall 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 lands zoned (H)R2-72, or any part thereof,
the Town of Aurora shall be satisfied that the relevant
provisions of Section 4.3.2 of the Official Plan have been
complied with. In addition, to the foregoing, and prior to the
removal of the "(H)" Holding prefix, the following shall have .
been complied with:
i) The Region of York has confirmed that adequate
servicing capacity is available, and the Town of
Aurora has allocated such capacity;
• 7.
ii) A subdivision agreement, and other agreement(s) as
required, have been executed between the Owner of
ttie lands and the Corporation of the Town of Aurora;
and
iii) The Town of Aurora is satisfied that the removal of the
"(H)" represents a logical and orderly progression of .
development.
Upon removal of the "(H)" Holding prefix from the lands
zoned (H)R2-72, pursuant to Section 36 of the Planning Act,
or any successor thereto, the provisions applicable to the
said lands shall be as set out in Sections 11.74.1 and
11.74.2 .
. 4) THAT Section 11 is hereby amended by adding the following as Section
11.75, "Detached Dwelling Second Density Residential Holding (H)R2-73
Exception Zone."
11.75.1
11.75.2
11.75.2.1
USES PERMITTED
-·one detached dwelling per lot.
- a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
325.0 square metres
13.7 metres
11.75.2.2 Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
-one side
-other side
Exterior Side Yard (minimum)
-Main Building
-Garage accessed over a flankage lot line
4.5 metres
6.0 metres
1.2 metres
0.6 metres
3.0 metres
6.0 metres
11.75.2.2.1 Notwithstanding any provisions to the contrary, the minimum
required distance separation between the walls of any two
detached dwellings shall be 1.2 metres. Where the distance
between the walls of two detached dwellings is less than 3.0
metres, no window below grade or door below grade is
permitted in any such wall.
11.75.2.2.2 Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
11.75.2.2.3 Notwithstanding any other provi~ions to the contrary, on a
multi-storey dwelling, that portion of the front wall of the main
building, located above an attached garage, for no less than
60% of the garage width. shall not be setback more than 2.5
metres from the front wall of the garage.
•
11.75.2.2.4
• 8.
Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle has been conveyed to
a public authority, the fiankage ·lot line and the front lot line
shall be deemed to be the continued projection of the
fiankage lot line and the front lot line to a point of
intersection, for the purposes of calculating the required
minimum front yard and the required minimum exterior side
yard requirements. Notwithstanding the provisions above,
and any other provisions to the contrary, no building or
structure shall be permitted to encroach wHhin the
daylighting triangle.
11.75.2.2.5 Notwithstanding, the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear lot line.
·11. 75.2.2.6 Notwithstanding the definition contained wHhin Section
3.124, on a corner lot where a 0.3 metre reserve abuts a
street, the exterior side yard shall be deemed to include the
0.3 metre reserve, for the purposes of calculating the
minimum exterior side yard requirements.
11. 75.2.2. 7 Notwithstanding the provisions of Section 6.48.1, open-sided
one and two storey roofed porches and balconies, with or
without foundation, may project 2.0 metres into the required
front yard or the required exterior side yard, provided that no
part of the porch, including eaves, is located closer than 2.0
metres to the lot line. Steps may encroach into the required
. front yard or the required exterior side yard provided they are
not located any closer than 1.0 metre to the lot line.
11.75.2.2.8 Notwithstanding the provisions of Section 11.75.2.2, where a
Lot abuts a Regional Road, the exterior side yard for the
building (main) and the garage shall be a minimum of 6.0
metres.
11. 75.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
45.0 percent
11.0 metres
6.0 metres
2.9 metres
6.0 metres
100.0 square metres
11.75.2.3.1 Notwithstanding the definition contained within Section 3.72,
open-sided one and two storey roofed porches, bay
windows, and fireplaces, with or without foundation, shall not
be included in the calculation of lot coverage. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
11. 75.2.4 Parking
Notwithstanding the definition contained within Section 3.98
and the provisions of Section 6.26.1.1, a minimum of three
(3) parking spaces shall be provided, of which a minimum of
one (1) parking space shall be provided within a private
garage per unit, and a minimum of two (2) parking spaces
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shall be provided, either in tandem or side by side, on the
driveway, including that portion of the driveway that extends
beyond the lot.
11.75.2.4.1 Garage Setback
11.75.3
Notwithstanding the provisions of Section 6.26, the following
minimum garage setbacks shall apply:
Garage Setback (minimum)
-garage accessed by a single driveway
intersected by a sidewalk 9.25 metres
-garage accessed by a single driveway
not intersected by a sidewalk 6.0 metres
-garage accessed by a double driveway
either intersected by a sidewalk or not
intersected by a sidewalk 6.0 metres
Notwithstanding any other provisions to the contrary, a single
driveway shall be defined as a driveway less than 5.4 metres
in width, and a double driveway shall be defined as a
driveway between 5.4 metres and 6.0 metres in width. The
provisions of Section 6.28.1.i shall also apply.
Holding Prefix
Notwithstanding the provisions of-Section 11.75 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R2-73, 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 existed on the date of the
passing of this by-law shall occur, unless an amendment to
this by~aw 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 lands zoned (H)R2-73, or any part thereof,
the Town of Aurora shall be satisfied that the relevant
provisions of Section 4.3.2 of the Official Plan have been
complied with. In addition, to the foregoing, and prior to the
removal of the "(H)" Holding prefix, the following shall have
been complied with:
i) The Region of York has confirmed that adequate
servicing capacity is available, and the Town of
Aurora has allocated such capacity;
ii) A subdivision agreement, and other agreement(s) as
required, have been executed between the Owner of
the lands and the Corporation of the Town of Aurora;
and
iii) The Town of Aurora is satisfied that the removal of the
"(H)" represents a logical and orderly progression of
development.
5)
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Upon removal of the "(H)" Holding prefix from the lands
zoned (H}R2-73, pursuant to Section 36 of the Planning Act,
or any successor thereto, the provisions applicable to the
said lands shall be as set out in Sections 11.75.1 and
11.75.2.
THAT Section 12 is hereby amended by adding the following as Section
12.19, "Semi-Detached And Duplex Dwelling Third Density Residential
Holding (H}R3-17 Exception Zone."
12.19.1
12.19.2
12.19.2.1
12.19.2.2
USES PERMITTED
one semi-detached dwelling per lot
a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
-Main Building
440.0 square metres
18.0 metres
4.5 metres
6.0 metres
1.2 metres
-Garage accessed over a flankage lot line
3.0 metres
6.0 metres
12.19.2.2.1 Notwithstanding any provisions to the contrary, the minimum
required distance separation between the walls of any two
detached dwellings shall be 1.2 metres. Where· the distance
between the walls of two detached dwellings is less than 3.0
metres, no window below. grade or door below grade is
permitted in any such wall.
12.19.2.2.2 Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
12.19.2.2.3 Notwtthstanding any other provisions to the contrary, on a
multi-storey dwelling, that portion of the front wall of the main
building, located above an attached garage, for no less than
60% of the garage width, shall not be setback more than 2.5
metres from the front wall of the garage.
12.19.2.2.4 Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle has been conveyed to
a public authority, the flankage lot line and the front lot line
shall be deemed to be the continued projection of the
flankage lot line and the front lot line to a point of
intersection, for the purposes ·of calculating the required
minimum front yard and the required minimum exterior side
yard requirements. Notwithstanding the provisions above,
and any other provisions to the contrary, no building or
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structure shall be permitted to encroach within the
daylighting triangle.
12.19.2.2.5 Notwithstanding, the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear lot-line:
·12.19.2.2.6 Notwithstanding the definition contained within Section
3.124, on a corner· lot where a 0.3 metre reserve abuts a
street, the exterior side yard shall be deemed to include the
0.3 metre reserve, for the purposes of calculating the
minimum exterior side yard requirements.
12.19.2.2.7 Notwithstanding the provisions of Section 6.48.1, open-sided
one and 'two storey roofed porches and balc:Onies, with or
without foundation, may project 2.0 metres into the required
front yard or the required exterior side yard, provided that no
part of the porch, including eaves, is located closer than 2.0
metres to the lot line. Steps may encroach into the required
front yard or the required exterior side yard provided they are
not located any closer than 1.0 metre to the lot line.
12.19.2.2.8 Notwithstanding the provisions of Section 12.19.2.2, where a
Lot and/or Block abuts a Regional Road, the exterior side
yard for the building (main) and the garage shall be a
minimum of 6.0 metres.
12.19.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
45.0 percent
11.0 metres
6.0 metres
2.9 metres
6.0 metres
90.0 square metres
12.19.2.3.1 Notwithstanding the definition contained within Section 3.72,
open-sided one and two storey roofed porches. bay
windows, and fireplaces, with or without foundation, shall not
be included. in the calculation of lot coverage. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
12.19.2.4 Parking
Notwithstanding the definition contained within Section 3.98
and the provisions of Section 6.26.1.1, a minimum of three
(3) parking spaces shall be provided, of which a minimum of
one (1) parking space shall be provided within a private
garage per unit, and a minimum of two (2) parking spaces
shall be provided, either in tandem or side by side, on the
driveway, including that portion of the driveway that extends
beyond the lot.
12.19.2.4.1 Garage Setback
Notwithstanding the provisions of Section 6.26, the following
minimum garage setbacks shall apply:
Garage Setback (minimum)
/
12.19.3
• 12 •
• garage accessed by a single driveway
intersected by a sidewalk
• garage accessed by a single driveway
9.25 metres
not intersected by a sidewalk 6.0 metres
• garage accessed by a double driveway
either intersected by a sidewalk or not
intersected by a sidewalk· 6.0 metres
Notwithstanding any other provisions to the contrary, a single
driveway shall be defined as a driveway less than 5.4 metres
in width, and a double driveway shall be defined as a
driveway between 5.4 metres and 6.0 metres in width. The
provisions of Section 6.28.1.i shall also apply.
Holding Prefix
Notwithstanding the provisions of Section 12.19 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R3-17, 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 existed cin the date of the
passing of this by-law shall 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 lands zoned (H)R3-17, or any part thereof,
the Town of Aurora shall be satisfied that the relevant
provisions of Section 4.3.2 of the Official Plan have been
complied with. In add~ion, to the foregoing, and prior to the
removal of the "(H)" Holding prefix, the following shall have
been complied with: ·
i) The Region of York has confirmed that adequate
S!lrvicing capacity is available, and the Town of
Aurora has allocated such capacity;
ii) A subdivision agreement, and other agreement(s) as
required, have been executed between the Owner of
the lands and the Corporation of the Town of Aurora;
and
iii) The Town of Aurora is satisfied that the removal of the
"(H)" represents a logical and orderly progression of
development.
Upon removal of the "(H)" Holding prefix from the lands
zoned (H)R3-17, pursuant to Section 36 of the Planning Act,
or any successor thereto, the provisions applicable to the
said lands shall be as set out in Sections 12.19.1 and
12.19.2.
6) THAT Section 28 is hereby amended by adding the following as Section
28.12, "Institutional (1-13) Exception Zone."
Notwithstanding the permitted uses of Sections 28.1, the lands shown
zoned.J-13 on Schedule A shall only be used for:
28.12.1
28.12.1.1
28.12.1.2
i)
USES PERMITIED
- a public school in accordance with the provisions of
Section 28.2.
- a public park in accordance with the provisions of Section
31.2,
Notwithstanding the permitted uses for the lands zoned "1-
13" these lands may be used for one detached dwelling per
lot in accordance with the provisions of Section 11.75 and
a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio provided the following have
been complied with:
the York District School Board has confirmed that the
lands are not required for a school in accordance with
Section 28.1;
ii) the lands are subject to a subdivision agreement and
other agreements as required by the Town of Aurora.
7) THAT Section 30 is hereby amended by adding the following as Section
30.3.16, "Environmental Protection (EP-15) Exception Zone."
30.3.16.1 USES PERMITTED
-conservation
-floodplain
-wetlands
-wildlife areas
30.3.16.2 ZONE REQUIREMENTS
No buildings or structures except as may be permitted by
Section 30.3.16.1 shall be erected in this zone whether or
not accessory or ancillary to the uses permitted.
30.3.16.2.1 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 floodplain is based on the Regional Storm, Hurricane
Hazel or the 100 Year Flood whichever is greater.
8) THAT Section 31 is hereby amended by adding the following as Section
31.13, "Major Open Space (0-16) Exception Zone."
.,
Notwithstanding the provisions of Sections 31.1, the lands shown
zoned 0-16 on Schedule A shall only be used for:
a public park in accordance with the provisions of Section 31.2;
one detached dwelling per lot in accordance with the provisions
of Section 11.75; and. a home occupation in accordance with
the provisions of Sections 6,21 to 6.21.12, excluding however a
teaching and musical instruction studio.
9) 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.
R£ADA FIRST AND SECOND TIME THIS ___ DAY OF ___ ~ 2001.
READ A THIRD TIME AND FINALL YPASSED THIS __ DAY OF __ , 2001.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
S:\Pianning\C01 By-Laws\SYLAW\2b lands· Melrus, 014-05-00. dl.doc
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Explanatory Note.
Re: Zoning By-law Number 4293-01.0
By-law 4293-01.D has the fol!owing purpose and effect:
To amend the provisions of the "Rural Zone" to "Detached Dwelling Second
Density Residential Holding (H)R2-71 Exception Zone", "Detached Dwelling
Second Density Residential Holding (H)R2-72 Exception Zone", "Detached
Dwelling Second Density Residential Holding (H)R2-73 Exception Zone", "Semi-
Detached And Duplex Dwelling Residential Holding (H)R3-17 Exception Zone",
"Major Open Space 0-16 Exception Zone, "Major Open Space (0-9) Exception
Zone", "Institutional (1-13) Exception Zone" and "Environmental Protection (EP-
15) Exception Zone" within By-law 2213-78, the Zoning By-law in effect in the
Town of Aurora, effecting lands identified as Part of Lots 24 and 25 Concession 2
E.Y.S. The amendment is to change the use of the lands from Rural to
Residential, Institutional, Open Space and Environmental to perm~: single
detached dwellings on lots with 15 metre, 12 metre and 13.7 metre frontages;
semi-d€-t,.ched dwellings on lots with 18 metre frontages; open space to permit
storm water management ponds; open space for parkland or, if parkland is not
required by the Town, single detached dwellings on lots with 13.7 metre
frontages; environmental protection area to protect the wetland, valley land and
buffer area; and, institutional to permit an elementary school or if the York Region
District School Board confirms in the future that a school is not required,
parkland or single detached dwellings on lots with 13.7 metre frontages.
---
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