Loading...
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 g 2 -;; -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. ., -3-PL000902 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: '" ;;; .. "' .. ATTACHMENT "1" ST. JOHN'S SIDEROAD 2 5 2 4 N 2 ~ ----~ .. OTHER LANDS OWNED BY APPLICANT RURAL/ AGRICULTURAL I :-;. ...-~:... 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 ~~ := ""'·"":::'" ....... ~ ~-::.-.-=----\... £.; ... ___ _ J .,.,.e .. ----,, .. ._ ... Dnlft .... .., ..... . :: = : ::.::-"' '-II ..... . , ............ .,... .... .,_... ............. . - ""-1!-..:lbr. • MALONE GIVEN PARSONS LTD. ttO"-*.wo.t... 8ui•IOI ,.......... o.twiii,UA IllS ::.=,\·,~~~ -_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 - 2 - l" '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 - 3 - 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 -4- 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. · - 5 - '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. · -6- ... 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. -7- 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); -8- ;-,· 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; -9- '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 -10- 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); -11- 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 -12- . ,. 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 -13- 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. -14- 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 -15- 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. -16- ., 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 -17- 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 -18- .• !;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." -20- . 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 -22- .. " ~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: -23- ' ·' '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. -25- • •• 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 -9- 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) -10- 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 -II - 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 -15- 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. --- ST. JOHN'S SIDEROAD ~-:::_ _ _;-l_ ___ -==~:.:-== ---lr= ------· ·1·----------"1·-------, I ; r···-.---1 : \ , : : : : 1 : : : I I 1 I 1 I I \,. I I I I I I ~ ..... l ·• -- r TOWN OF AURORA /!Schedule 'A' To By-Law 4293-01.0 --.1 :::I ~ (/) IU ::::> " -Q__! ~ 3:: IU ~ ... "" Ill p : i l l l : rRlJR-,{\4- : : : : : ~ / I I I ::::: ,,J,rli\T 25 '•''• .• ttu.·~ I 1 I I h' 1 I ,-1 1 1 -------------------------1 __ ) l i_ 9 e N IJ: ::>\ S '.J\ 0 N /2 --;-------------------------, ;~~~-~~-----~~===: \ \ \ \------------: ! l \ \ \ -\---------- ' \ ' ' ' ' l ,' ' ' E .! y I J '•J I -I -...._ -~ 0-9 11, •jl!l!l!t:~' ~·j~~ 1ITt i il:l!lllilililiill : ~ HI·,·. .t "Q;~ -n.,, '" •1-1 ij!\ .I ' ' ' ' ' --;, '~"'": "' ' ~ c:c ' " -"' s _l I I : l J.ff#~r~l : : :I! ! d 1-J jt: -l~ ll If j, ~/ -J ,.._ ""!' ---.,," L ~' ' : "1' --- : ,_. It i I· i I : : I : I : i 1: ,--3, l I I,-; :::::i ,,, l"' : l ~ '41 '''''U 6 -'J: '"- ' " " ' ' ' ' -, --~-----l::::ll 0-1 . _:._' !( I J!~ I ------------- ''1' ------' "'""'-" '--' --- 1 u., , · · · ' . ,,,~, I C : I 1.-~ -'---, ' ' ., ' I I N 'ghhnurhoou ' l l ..... , ""~·· ' \ ,..,_,. /~(TI [I) o:::'li( L OTHER LANDS OWNED BYAPPUCANT 1/ I I I ~-' II!I!IJI!) • -rrrrr I I I I I ' 'TJ! I i ' ' ' ' ' ' ' ' Jill! i If }TT; I = I ! I ! I i I i ~~ i I • - ---~- ------------------mm S _ II -------------_..,_ --- I ------r--- Zoning to be detenmned by v the OMB In the future l---.J 1--1-1 ffi ffi II S EP-15 "' \.~--· : : : : ~ ~ ~ T -I : : I I I ~, J 1 ) •, J ( J \ ) \ ) I I 1 ·------, \. I ...... -~~--t-"' ::~~~:~~:----~~~~~:-~: :~:~:~~-: :~=~: r---L.!~.LL __ ,~ '\ .......... -----____ ., ..... , ( ~ { 1 ! "' \ _........ \ r-------------.. 1 \ ~t:JRAL! V--,f-I;GR\Cl)LTURAL \ I \ ') I \ I I \ I \ ·• : ----------------------1 I\ 'o t. • "' 3'· ------, ____________________ .......... • '-i. • \ ,!I\ t --1 { C 0 N\ ~ E s\ ~ I ': 0 1N 'v-J:2 ---E Y S 1 I 1 I !! : I I If 1 RURAL/ AGRICULTURAL I o~SO -~ '""" . '