BYLAW - Parsa Rezoning O.M.B - 20010803 - 429401D)
THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NO. 4294-0l.D
ABy-lawto Amend By-law No. 2213-78 of the
Corporation of the Town of Aurora
SEE DECISION/ORDER NO. U67
OF THE ONT ARlO MUNICIPAL BOARD
(as attached)
DATED AUGUST 3, 2001
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Ontario . " :c.ervices 0'' 'PtO 1 0149
Ontario Municipal Board: ····· · · · ··-~-----·
iSSUE DATE: .
Aug. 3, 2001
DECISION/ORDER NO:
. 1267 <
Commission des affaires municipales dei'Ontario
761933 Ontario Limited has appealed to the Ontario Municipal Board under subsection 34 (11)
. of the Planning Act, R.S.O. 1990, c.P. 13, as amended, from Council's refusal or neglect to
enact a proposed amendment to Zoning By-law 2213-78 of the Town of Aurora to rezone lands
respecting Part Lot 22, Concession 2, E.Y.S. from Rural (RU) to Detached Dwelling Second
Density Residential R2-A Exception Zone, Detached Dwelling Second Density Residential R2-B
Exception Zone, Detached Dwelling Second Density Residential R2-C Exception Zone,
Detached Dwelling Second Density Residential R2-D Exception Zone, Semi-Detached Dwelling
and Duplex Dwelling Third Density Residential R3-A Exception Zone, Row Dwelling Residential
R6-A Exception Zone, Local Commercial C1-A Exception Zone, Institutional (I) Zone, Major
Open Space (0) Zone and Environmental Protection (EP) Zone to.permit the development of a
residential plan of subdivision
O.M.B. File No. Z010037
761933 Ontario Limited 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 Lot 22,
Concession 2, E.Y.S. in the Town of Aurora
File No. D12-00-7A
O.M.B. File No. S0 10016 I CORP. SERVICES DEPT.
AppEARANCES' COPIES CIRCULATED)
Members of Council
Parties Counsel C.A.O.
Directors?· Se\&:;l;r
Town of Aurora I. Lord Other fi..: CA=NbJu4
761933 Ontario Limited M. Chusid
DECISION DELIVERED BY J.R. BOXMA AND ORDER OF THE BOARD
The second phase of this hearing came back before the Board on July 12, 2001.
The Town and the appellant have now resolved all outstanding issues. The Board
heard planning evidence from John Bousfield, a qualified land use planner, who outlined
the plan of subdivision to the Board. He was of the opinion that the proposed plan of
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 allows the appeal of 761933 Ontario Limited with respect to draft
plan of subdivision D12-00-7A Revised and approves the draft plan as red-
-2-PL010149
line revised· dated July 12111 , 2001, filed as Exhibit #2 in the hearing and
attached as Attachment "1" to this decision, save and except that the lotting
and road pattern on Blocks 517 and 518 is adjourned, sine die. The draft
plan approval herein is subject to the conditions dated July 1ih, 2001, filed as
Exhibit #3 in the hearing and attached as Attachment "2" to this decision.
2. The Board allows the appeal of 761933 Ontario Limited with respect to the
failure of the Town ofAurora to enact a zoning by-law applicable to its lands
and amends Zoning Byelaw Number 2213-78 of the Town of Aurora in
accordance with the draft zoning by-law filed as Exhibit #4 in the hearing and
attached as Attachment "3" to this decision, save and except those lands
identified on Schedule "A" to the draft by~law as "Zoning to be determined by
the Ontario Municipal Board in the Future", for which the hearing is adjourned,
sine die.
3. 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.
4. The approval of draft plan of subdivision D12-00-7A Revised shall lapse at
the expiration of five (5) years from the issuance of the Board's Order.
5. The matters adjourned sine die may be brought back on for a consolidated
hearing at the instance of the Board or any party on at least thirty (30) days
notice.
This is the Order of the Board.
.R. BOXMA
MEMBER
ATTACHMENT .. 1,
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REDLINE REVISIONS, JULY 12,2001:
i)
ii) .
iii)
iv)
v)
vi)
Remove the proposed lotting, street and 0.3 metre reserve contained within
Block 518;
Insert label 'Recommended Environmental Protection Line';
Provide dimensioned daylighting triangles and standard angle bend
configuration for all street within the Plan, including the intersections with
Bayview Avenue, in accordance with the standards of the Town of Aurora and the
Region of York;
Provide 0.3 metre reserve along the entire road frontage of Block 518;
Provide 0.3 metre reserves along the entire road frontage of Blocks 510 and 513
along Bayview Avenue; and,
Amend the figures that are contained within: (a) the Density table • change the
amount indicated for area for the Medium/High Density from 1.318 ha. to 1.069
ha., change number of units shown from 64 units to 70 units, and, change
amount indicated under the Total area from 22.22 ha to 22.448 ha; and, (b) the
Area Table for Residential Singles & Semis/Linked singles -change area
indicated from 20.658 ha. to 21.067 ha.
ATTACHMENT "2"
PL010149
GENERAL
761933 ONTARIO LIMITED (D12-00-7A):
CONDITIONS OF DRAFT PLAN APPROVAL
July 12, 2001
1. Approval shall' relate to a Revised Draft Plan of Subdivision D12-00-7A prepared
by Bousfield, Dale-Harris, Cutler & Smith Inc.
Drawing No.: B-9707-78DP
Date: July 9, 2001 with six redline revisions dated July 12, 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) Remove the proposed lotting, street and 0.3 metre reserve
contained within Block 518;
ii) Insert label 'Recommended Environmental Protection Line';
iii) Provide dimensioned daylighting triangles and standard
angle bend configuration for all streets within the Plan,
including the intersections with Bayview Avenue, in
accordance with the standards of the Town of Aurora and
the Region of York;
iv) Provide 0.3 metre reserve along the entire road frontage of
Block 518;
v) Provide 0.3 metre reserves along the entire road frontage of
Blocks 510 and 513 along Bayview Avenue; and,
vi) Amend the figures that are contained within: (a) the Density
table -change the amount indicated for area for the
Medium/High Density from 1.381 ha. to 1.069 ha., change
number of units shown from 64 units to 70 units, and,
change amount indicated under the Total area from 22.22
ha to 22.448 ha; and, (b) Area Table for Residential Singles
& Semis/Linked singles -change area from 20.658 ha. to
21.067 ha.
•
761933 Ontario Limited D12.-00-7A-Conditions July 12., 2.001
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;
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.
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761933 Ontario limited D12-00-7A-Conditions July 12, 2001
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
and the Town of Aurora have 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. Further, the Owner shall agree in the
Subdivision Agreement that all lands beyond Phase 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 may be 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.
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761933 Ontario Limited D12"00"7A-Conditions July 12, 2001
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
installations to accommodate mail service. The location of the said 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 511 and the partial public
secondary school site, Block 517.
20. That the Owner shall agree in the Subdivision Agreement in wording satisfactory
to the York Region District School Board:
i) To grade Blocks 511 and 517 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 !etter of credit pertaining to stockpiling and
removal of topsoil to the satisfaction of the Board;
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
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 same 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, <!long all
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 school sites 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) The suitability of Blocks 511 and 517 for school construction
purposes, relating to soil bearing factors, surface drainage,
topography and environmental contaminants; and,
ii) The availability of natural gas, electrical, water, storm sewer
and sanitary sewer services.
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
Condition 21 ii, shall be installed to the mid-point to the frontage of the public
school sites 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
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761933 Ontario limited D12-00-7A-Conditions July 12, 2001
by the Town of Aurora which indicate the storm drainage system and the overall
· grading plans for the complete subdivision area.
25. The Owner !?hall, 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.
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 the public school sites.
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 512.
28. The Owner shall agree in the Subdivision Agreement to convey Block 516, at no
cost and free of all encumbrances, to the Town of Aurora as a walkway, such
conveyance to occur as part of the registration of the final phase of the
subdivision, to the satisfaction of the Town of Aurora.
29. 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.
30. The Owner shall agree in the Subdivision Agreement to design and install to the
property line of the Neighbourhood Park Block 512 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 512. All services shall be installed
in accordance with the applicable standards of the Town, and/or Aurora Hydro
Connections Limited, or its successor.
31. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement grading and restoration works associated with the Neighbourhood
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
Parkland Block 512, 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 see.ding to
establish a green sward on the Block. The Owner shall ensure that Block 512 is
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.
32. The Owner shall agree in the Subdivision Agreement to design and construct
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,
walkways, and designated open spaces from residential properties.
33. 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 512, to the satisfaction of
the Director of Leisure Services.
VEGETATION PRESERVATION
34. The Owner shall agree in the Subdivision Agreement to undertake and
implement a Vegetation Preservation Study outside of the wetland boundary and
buffer area, specifying where at grade conditions and vegetation quality allow
vegetation to be retained, 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 where vegetation preservation is recommended.
35. 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.
36. 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.
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761933 Ontario Lirnited D12-00-7A-Conditions July 12, 2001
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 lan·ds, to
the satisfaction of the Director of Leisure Services.
OPEN SPACE BUFFER AND WETLAND
37". The Owner shall agree in the Subdivision Agreement to convey, free and clear of
encumbrances and at no cost, Block 515 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 Streets A and E including Blocks 515 and 516. The Owner further agrees
.. that the conveyance of the said Block is not subject to the parkland dedication
calculation by the Town of Aurora.
38. · 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
Blocks 514, 515 and 518 and Lot 52. The protection fencing shall be maintained
in good condition for duration of development construction. The Own"r 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.
39. 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.
40. The Owner shall agree in the Subdivision Agreement to share in the costs of a
"Natural Systems Stewardship Brochure" to the satisfaction of the 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:
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
. i) Refuse/yard waste/composting;
ii) Fertilizer and pesticide use (inclusive of herbicides,
insecticides and fungicides);
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) Ecological role of stormwater treatment facilities.
41. The Owner shall agree in the Subdivision Agreement to implement the
recommendations of the 'Environmental Impact Study -Lot 22, Concession 2,
Town of Aurora', prepared by Marshall Macklin Monaghan dated July 2001 and
updates and amendments thereto (if necessary) and approved by the Town of
Aurora, the Lake Simcoe Region Conservation Authority and the Region of York,
and. in regard to the provisions contained in Condition 44.
42. The Owner shall agree in the Subdivision Agreement prior to final approval of
any phase or any grading elsewhere within the plan, to prepare a detailed Lot
Grading and Erosion Control Plan to be approved by the Town of Aurora and .
Lake Simcoe Region Conservation Authority that shall include proposed methods
for:
i) Erosion and sediment control prior to and during construction
including the extent of grading/filling, the location of spoil pile
storage and the location and nature of sediment control works;
ii) Progressive stripping and grading to ensure minimum duration
of exposed soil areas to the extent practical;
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
iii) Ensuring that equipment activities, storage, maintenance,
refueling, grading and similar activities do not occur within Block
515; and,
iv) Provisions for restoration and revegetation of any approved
·disturbance within Block 515.
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, which focuses on the Provincially Significant
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;
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001.
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);
ix) The preparation of an appropriate operating plan for
managing water levels;
x) The monitoring of contaminant levels in sediments within the
stormwater management facility; and,
xi) The preparation and submission of a landscape plan of the
outside walls of the stormwater treatment facility in Block
514 to the satisfaction of the Land Simcoe Region
Conservation Authority and the Town of Aurora.
44. The 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 'Environmental Impact Study -Lot 22,
Concession 2, Town of Aurora dated July 2000 and updates and
amendments thereto (if necessary) and referred to in Condition 41,
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 Block 515, 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, the
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
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
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 controlfacilities
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
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 convey Blocks 513 and
514 for stormwater management purposes to the Town of Aurora at no cost and
free of all encumbrances other than servicing easements.
46. 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.
47. The Owner shall agree in the Subdivision Agreement that concurrent with
commencement of any above/below ground construction, all required stormwater
control facilities, and siltation controls 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, ground cover,
slope stabilization, naturalization plantings and fringe aquatic vegetation. The
said works shall be to the satisfaction of the Director of Public Works and the
Director of Leisure Services.
48. Prior to undertaking any grading on the site, and in connection with the Topsoil
Removal Permit referenced in Condition 71, the Owner shall submit and agree to
implement a report, to the satisfaction of the Lake Simcoe Region Conservation
Authority and the Town of Aurora, which details the means by which erosion and
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761933 Ontario limited D12-00-7A-Conditions July 12, 2001
siltation and their effects will be minimized and contained on the site, both during
and after the construction period.
49. 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
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
50. 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 Services.
51. 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.
52. 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 four
intersections, consisting of Streets A and C, Streets A and D, Streets B and C
and Streets B and D, to the satisfaction of the Director of Leisure Services and
Director of Public Works.
53. 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.
54. 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.
55. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement landscape works on-site for the boulevards of parallel streets flanking
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761933 Ontario Limited 012-00-7A-Conditions July 12, 2001
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; and the Region of York.
56.. The Owner shall agree 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 design requirements 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 concept
along Bayview Avenue meeting all Town and Regional requirements to the
satisfaction of the Director of Planning, Director of Leisure Services and the
Region of York.
57. The Owner shall agree in the Subdivision Agreement to provide design plans and
implement detailed landscape works on-s.ite for the stormwater management
ponds, Blocks 5.13 and 514, to the satisfaction of the Director of Public Works
and the Director of Leisure Services. Works shall include the installation of
submergent and emergent aquatic vegetation in accordance with the latest MOE
design manual, placement of 300mm depth topsoil, finish grading and seeding of
ground cover vegetation, and extensive tree and shrub naturalization of the pond
slopes and top of bank areas.
58. The Owner shall agree in the Subdivision Agreement to provide a consistent and
continuous minimum depth of 300mm of topsoil for all areas associated with tree
plantings within the Plan. These areas shall include all boulevard areas
designated for street tree plantings, roundabout planting islands, planting. beds
associated with entry features, land.scape areas flanking Bayview Avenue, and
stormwater pond areas, satisfactory to the Director of Public Works and the
Director of Leisure Services.
59. The Owner shall agree in the Subdivision Agreement to perform topsoil testing by
an approved agency for all topsoil sources to be utilized within the Plan. The
Owner shall further agree to implement fertilizers and soil amendments in
accordance with topsoil test recommendations, to the satisfaction of the Director
of Leisure Services.
60. 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, a notice clearly setting out the details of any fencing that is to be installed
on the Lot being purchased. Further, the notice shall clearly identify
specifications relating to fencing location, colour, materials, height and other
design details; and shall clearly indicate that fence specifications are in
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
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
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
61. 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.
62. 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.
63. 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.
64. 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 Streets A and B shall be the construction accesses
for future phases of the development and as a result they may experience noise,
dust and vibration, such wording of the notice shall be to the satisfaction of the
Director of Public Works.
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761933 Ontario Limited 012-00-?A-Conditions July 12, 2001
General
65. 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, and
all internal watermains are connected to the watermain system on Bayview
·-Avenue. 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.
66. 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
of York.
67. The Owner shall agree in the Subdivision Agreement that no building permits are
to be issued until the emergency road access and the second watermain
connection to Bayview Avenue are completed.
68. The Owner shall agree in the Subdivision Agreement that Street A shall be
completed from Street C to Bayview Avenue, including watermain and sanitary
sewer connections within the Street A right-of-way as detailed in the approved
'Functional Engineering Servicing Report, prepared by Marshall Macklin
Monaghan, dated July 20, 2000 and amended July 10, 2001', prior to the
issuance of the building permit for any unit beyond the initial 250.
69. The Owner shall agree in the Subdivision Agreement to postpone development
of Block 510 until Street A has been completed, in relation to the works identified
in Condition 68, to the satisfaction of the Director of Public Works.
70. The Owner shall agree in the Subdivision Agreement that the design and.
construction and removal of the interim servicing connections and emergency
·road access shall be to the satisfaction of the Director of Public Works, Director
of Fire and Emergency Services, Director of Planning and the Region of York.
Further, the Owner agrees that all interim servicing connections and emergency
road access shall be removed when the works identified in Condition 68 have
been completed.
Topsoil/grading
71. 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,
and approval from the Director of Leisure Services with respect to tree protection
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
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.
72. · 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
73. 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
ways, pavement markings, traffic signage including bicycle route signage and
other requirements as set out in the said s·tudy.
74. 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.
75. The Owrier shall, prior to final approval, demonstrate that Street B shall line up
with the commercial driveway, 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 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.
77. The Owner shall agree in the Subdivision Agreement 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.
78. 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.
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
79. 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
to prohibit access at certain locations, all to the satisfaction of the Director of
Public Works.
80. 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.
81. The 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. , .
82. The Owner. shall agree in the Subdivision Agreement to construct Street B up to
and including the intersection with Street K; and, Street C from Street A to Street
B. as part of the first phase of the development, to the satisfaction of the Director
of Public Works.
83. 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.
84. 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
clause 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
85. 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 Public
School Blocks 511 and 517, a notice advising that that Public School Blocks 511
and 517 shall be developed in accordance with the York Region Safety and
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
Traffic Circulation at School Sites Guidelines Study (July 1999), to the
satisfaction of the Director of P!Jblic Works.
86. 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 the Architectural
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
Guidelines. 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.
87. 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 Nqise
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.
88. 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:
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761933 Ontario Limited D12-00-7A-Conditions July 12, 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."
MISCELLANEOUS
89. 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.
90. The Owner shall agree in the Subdivision Agreement that, prior to the issuance
of building permits for sales trailers for the purposes of marketing 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;
and,
iii) A copy of the approved zoning by-Jaw 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.
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
91. The Owner shall, prior to final approval, demonstrate compliance with the "Town
of Aurora's Interim Policy and Procedures 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
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.
92. 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 511 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 refusal to
purchase Block 511, 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.
93. 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.
94. 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 Director of Building Administration
and Director of Public Works.
95. 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),
oth~r than those Lots designated for residential purposes.
96. 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.
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
97. The Owner shall agree in the Subdivision Agreement to postpone development
of Blocks 517 and 518 identified respectively on the Plan as 'Secondary School
Reserve' and 'Future Development', until such time as a an acceptable street
and · lotting pattern including any developable adjacent lands has been
determined, to the satisfaction of the Town of Aurora.
REGIONAL MUNICIPALITY OF YORK
98. The road allowances included within this draft plan of subdivision shall be named
to the satisfaction of the Town of Aurora and the Regional Planning and
Development Services Department.
99. 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.
100. 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.
101. The Owner shall submit detailed engineering drawings, to the Regional
Transportatipn and Works Department for review and approval that incorporate
the .recommendations of the functional transportation report/plan as approved by
the Regional Transportation and Works Department. Additionally, the
engineering drawings shall include the subdivision storm drainage system, site
grading and servicing, plan and profile drawings for the proposed intersections,
construction access and mud mat design, utility location plans, pavement
markings, intersection signalization and illumination design, traffic
control/construction staging plans and landscape plans.
102. The following lands shall be conveyed to the Regional Municipality of York for
public highway purposes, free of all costs and encumbrances:
i) 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 and;
ii) a 15 metre by 15 metre daylighting triangle at the southeast comer of
Bayview Avenue and Street A;
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
iii) an additional 2 metre widening, 40 metres in length, tog_ether with a
60 metre taper for the purpose of a northbound right turn lane at the
intersection of Bayview Avenue and Street A;
'
iv) 15 metre by 15 metre daylighting triangles at the southeast and
northeast corners of Bayview Avenue and Street B;
v) an additional 2 metre widening, 60 metres in length for the purpose of
a northbound right turn lane at the intersection of Bayview Avenue
and Street B; and,
vi) a 0.3 metre reserve across the full frontage of the site where it
abuts Bayview Avenue and adjacent to the above noted widenings.
103: . The Owner shall agree in the Subdivision Agreement, that the Region will require
additional lands along the Bayview Avenue frontage for the purpose of road
widening and slope construction. The Owner shall agree to convey the required
land upon the request of the Commissioner of Transportation and Works following
a determination of the Region's requirements, free of all costs and encumbrances,
to the satisfaction of the Reg ion a I Solicitor.
104. The Owner shall provide a solicitor's certificate of title in a form satisfactory to the
Regional Solicitor, at no cost to the . Region, with respect to the conveyance of
lands to the Regional Municipality of York.
105. Street A shall intersect Bayview Avenue directly opposite and on a common
tangent with Holledge Boulevard and Street B shall intersect Bayview Avenue
directly opposite and on a common tangent with the commercial entrance on the
west side of Bayview Avenue. The intersections of Bayview Avenue and Street A
and Bayview Avenue and Street B shall be designed and constructed to the
satisfaction of the Regional Transportation and Works Department. In addition,
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 are to be designed and
constructed to the satisfaction of the Regional Transportation and Works
Department.
106. Blocks 498, 503, 510, 513 and Lot 391 on the draft plan of subdivision prepared
by Bousfield, Dale-Harris, Cutler & Smith Inc. dated July 9, 2001, shall be
accessed from the internal streets. Direct access to Bayview Avenue from these
Blocks and Lot shall not be permitted.
107. 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 Street P, consisting of either a
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
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 the local street
(Street ''P''). 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.
108. 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.
109. Any relocation or modification to neighbouring driveways required to
accommodate the proposed Bayview Avenue and Street A and Bayview Avenue
and Street B intersections shall be coordinated by the Developer and shall be
carried out atrio cost to the Region.
110. The location and design of the construction access for the subdivision work shall
be done to the satisfaction of the Regional Transportation and Works
Department.
111. The Owner shall engage the services of a consultant to prepare and submit for
review a noise study to the satisfaction of the Regional Transportation and Works
Department. The report shall recommend noise attenuation features and the
Owner shall agree to implement these noise attenuation features to the satisfaction
of the Regional Transportation and Works Department.
112. The following warning clause shall be included in a registered portion of the
subdivision agreement with respect to the Lots or Blocks affected:
"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".
113. 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:
i) that no part of any noise attenuation feature shall be constructed on
or within the Regional right-of-way;
ii) that noise fences adjacent to Regional roads may be constructed
on the private side of the '0.3 metre reserve and may be maximum
2.5 metres in height, subject to the area municipality's concurrence;
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
iii) 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
iv) 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.
114. Prior to Final Approval the Owner shall provide a signed copy of the Subdivision
Agreement to the Regional Transportation and Works Department, outlining all
requirements of the Regional Transportation and Works Department.
115. The Region shall confirm that contracts have been let for the required water
supply and sanitary servicing facilities.
116. The Region shall confirm that adequate water supply capacity and sewage
treatment capacity are available and have been allocated by the Town of Aurora
for the development proposed within this draft plan of subdivision or any phase
thereof.
117. The Region 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 groundwater supply.
118. 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.
119. Access to the Stormwater Management Block, Block 513 shall be via the internal
streets. Access to Block 513 from Bayview Avenue shall not be permitted.
120. That the Open Space Buffer Block 515 shall be set aside for public acquisition.
121. 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.
122. The Owner shall agree in the Subdivision Agreement to prepare a "Natural
Systems Stewardship Brochure" for inclusion as a schedule to the Subdivision
Agreement and in Offers of Purchase and Sale for all subsequent prospective
purchasers of all lots within the subdivision, and to register on title of all lots
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
within the subdivision, 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.
123. The Owner shall agree in the Subdivision Agreement to implement the
recommendations of the Environmental Impact Study, prepared by Marshall
Macklin Monaghan, dated July 2001, and updates and amendments thereto (if
necessary), and approved by the Region of York.
124. Prior to Finai'Approval the Owner shall provide to the Regional Transportation
and Works Department and the Regional Planning Department, a signed copy of
the subdivision agreement, outlining all requirements.
125. The Owner shall provide a solicitor's certificate of title in a form satisfactory to the
Regional Solicitor,· at no cost to the Regional Corporation, with respect to the
conveyance of lands to the Regional Municipality of York.
126. 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
127. That this approval relates to a revised draft plan of subdivision prepared by
Bousfield, Dale-Harris, Cutler & Smith Inc., Drawing No.: B-9707-78DP, dated
July 9, 2001.
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.
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761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
·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.
133. That the 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 Region 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 Environmental Impact
Study prepared by Marshall Macklin Monaghan dated July 2001, to the
satisfaction of 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 135 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, 41 to 44 inclusive, 56, 60, 70, 86, 90 and 91 have been
satisfied, stating briefly how each condition has been met.
138. The Town of Aurora Treasury Department shall advise that Conditions 89 and 96
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, 42, 46 to 49 inclusive, 52, 54, 55, 57, 58, 62 to 75 inclusive, 79 to 84
inclusive, 87, 88, 94, 95, and 97 have been satisfied, stating briefly how each
condition has been met.
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•')
' '
761933 Ontario Limited D12-00-7A-Conditions July 12, 2001
140. The Town of Aurora Leisure Services Department shall advise that Conditions 29
to 36 inclusive, 38 to 44 inclusive, 46 to 48 inclusive, 50 to 60 inclusive, 71, 86
and 92 have been satisfied, stating briefly how each condition has been met.
141. The Town of Aurora Director of Fire and Emergency Services Department shall
advise that Conditions 70 and 76 have been satisfied, stating briefly how each
condition has been met.
142. The Town of Aurora Building Administration Department shall advise that
Conditions 5, 55, 65, 87, 90, 91, 94 and 95 have been satisfied, stating briefly
how each condition has been met.
143. The Town of Aurora Corporate Services Department shall advise that Conditions
27, 28, 37, 45, 77, 78 and 80 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 93
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 41, 43, 55, 56, 66,
69, 70, 87 and 98 to 126 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 41
to 44 inclusive, 46, 48 and 127 to 135 inclusive have been satisfied; the
clearance letter shall include a brief statement detailing how each condition hcis
been met.
\V\URORA_NTNOTE\DEPARTMENTAL\Pianning\012 Subdivisionsi012-00-1A, Parsa conditions DA, July 12 Draft.doc
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ATTACHMENT "3"
761933 Ontario Limited 014-2-00
THE CORPORA TJON OF. THE TOWN OF. AURORA
By-law Number 4294-01.0
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-Jaw 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)R2-74
Exception Zone", "Semi-Detached and Duplex Dwelling Third Density
Residential Holding (H)R3-18 Exception Zone", "Row Dwelling Residential
Holding (H)R6-48 Exception Zone", "Major Open Space (0-9) Exception
Zone", "Major Open Space (0-16) Exception Zone", "Institutional (1-14)
Exception Zone", "Environmental Protection (EP-15) Exception Zone", and
"Local Commercial (H)C1-4 Exception Zone".
2) THAT Section 11 is hereby amended by adding the following as Section
11.76, "Detached Dwelling Second Density Residential Holding (H)R2-74
Exception Zone."
11.76.1
11.76.2
11.76.2.1
11.76.2.2
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)
Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
-one side
-other side
Exterior Side Yard (minimum)
-Main Building
295.0 square metres
9.75 metres
4.5 metres
6.0 metres
1.2 metres
0.6 metres
-Garage accessed over a flankage lot line
3.0 metres
6.0 metres
11.76.2.2.1 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
PL010149·
- 2 -
metres, no window below grade or ·door below grade is
permitted in any such wall.
11.76.2.2.2 Notwithstanding any other prov1s1ons to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
11.76.2.2.3 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.
11.76.2.2.4 Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle has been conveyed to
a pub.lic 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. 76.2.2.5 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. 76.2.2.6 Notwithstanding the definition contained within Section
3.124, on a corner lot where a 0.3 rnetre 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. 76.2.2.7 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.
11.76.2.2.8 Notwithstanding the provisions of Section 11.76.2.2, 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.
11.76.2.3 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
11.76.2.3.1 Notwithstanding the definition contained within Section 3.72,
open-sided one aild two storey-roofed porches, bay
11.76.2.4
. _,-
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 6.26.1.1, 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.
11.76.2.4.1 Garage Setback
11.76.3
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 oi Section 11.76 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H}R2-74, 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}R2-74, 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.
Upon removal of the "(H)" Holding prefix from the lands
zoned (H)R2-74, 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 11.76.1 and
11.76.2.
3) THAT Section 12 is hereby amended by adding the following as Section
12.20, "Semi-Detached And Duplex Dwelling Third Density Residential
Holding (H)R3-18 Exception Zone."
12.20.1
12.20.2
12.20.2.1
12.20.2.2
USES PERMITTED
one semi-detached dwelling per lot
one link house dwelling per lot in accordance with the
provisions of Section 11.76
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)
lnterior·Side Yard (minimum)
Exterior Side Yard (minimum)
-Main Building
480.0 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
12.20.2.2.1 Notwithstanding any provisions to the contrary, the minimum
required setback from the common lot line between an
attached pair of dwelling units shall be nil for the main
building and the garage.
12.20.2.2.2 Notwithstanding any other prov1s1ons to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
. 5-
12.20.2.2.3 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.
· 12.20.2.2.4 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.
12.20.2.2.5 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.
12.20.2.2.6 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.
12.20.2.2.7 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.
12.20.2.2.8 Notwithstanding the provisions of Section 12.20.2.2, 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.
12.20.2.3 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
12.20.2.3.1 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
12.20.2.4
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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 wtthin 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.
12.20.2.4.1 Garage Setback
12.20.3
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 12.20 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R3-18, 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)R3-18, 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
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)R3-18, 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 12.20.1 and
12.20.2.
4) THAT Section 15 is hereby amended by adding the following as Section
15.52, "Row Dwelling Residential Holding (H)R6-48 Exception Zone."
15.52.1
15.52.2
15.52.2.1
15.52.2.2
USES PERMITTED
row housing
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 per dwelling unit (minimum)
Lot Frontage per dwelling unit (minimum)
Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard
-Main Building (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
-Main Building
-Garage accessed over a flankage Jot line
180.0 square metres
6.0 metres
4.5 metres
6.0 metres
1.5 metres
3.0 metres
6.0 metres
15.52.2.2.1 Notwithstanding the above, the minimum required setback
from the common lot line between attached units shall be nil
for the main building and garage.
15.52.2.2.2 Notwithstanding the provisions of 6.48.1, the required
minimum distance separation between balconies, open-
sided roofed porches, uncovered terraces, patios, steps and
landings, and the common lot line between attached units
shall be nil.
15.52.2.2.3 Notwithstanding any other prov1s1ons to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
15.52.2.2.4 Notwithstanding any other provisions to the contrary, on a
multi-storey dwelling, that portion of the front wall of the main
-8-
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.
15.52.2.2.5 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
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 within the
daylighting triangle.
15.52.2.2.6 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.
15.52.2.2.7 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.
15.52.2.2.8 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.
15.52.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum) (per unit)
Interior Garage Width (maximum) (per unit)
Floor Area (minimum} (per unit}
45.0 percent
11.0 metres
6.0 metres
2.9 metres
4.0 metres
90.0 sq. metres
15.52.2.3.1 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.
15.52.2.4 Parking
Notwithstanding the definition contained within Section 3.98
and the provisions of Section 6.26.1.2, 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, in tandem on the driveway, including that
-9-
portion of the driveway that extends beyond the lot The
required parking set aside for and visually identified as
visitor's parking shall be nil.
· 15.52.2.4.1 Garage Setback
15.52.2.5
15.52.2.6
15.52.3
Notwithstanding the provisions of Section 6.26, the following
minim'!m garage setbacks shall apply:
Garage Setback (minimum)
-garage accessed by a single driveway
intersected by a sidewalk
-garage accessed by a single driveway
not intersected by a sidewalk
9.25 metres
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. The provisions of Section 6.28. 1 .i shall also apply.
Private Outdoor Living Area
Notwithstanding the provisions of Section 15.3.1.3, a screen
wall and/or fence with a minimum height of 1.83 metres and
a maximum height of 2.0 metres, shall be provided on either
side of the private outdoor living area to a minimum depth of
3.6 metres. All other provisions of Section 15.3 shall apply.
General
In accordance with Section 15.4.1.
Holding Prefix
Notwithstanding the provisions of Section 15.52 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R6-48, on Schedule "A" attached hereto, use
any lot or erect, alter or use any buildings or structures for
any purp·oses 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)R6-48, or any part thereof,
the Town of Aurora shall be satisfied that the relevant
provisions of Section 4.3 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
be complied with:
i) The Region of York has confirmed that adequate
servicing capacity is available, and the Town of
Aurora has allocated such capacity;
. 10.
ii) A subdivision agreement, and/or other agreement(s)
· as required, have been executed between the Owner
· of the lands and the Corporation of the Town of
Aurora; and
iU) 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)R6-48, 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 15.52.1 and
15.52.2.
5) THAT Section 28 is hereby amended by adding the following as Section
28.13, "Institutional (1-14) Exception Zone."
Notwithstanding the. permitted uses of Section 28.1, the lands shown
zoned 1-14 on Schedule A shall only be used for:
28.13.1
28.13.1.1
28.13.1.2
USES PERMITTED
a public school in accordance witl) 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-
14" these lands may be used for one detached dwelling per
lot in accordance with. the provisions of Section 11.76 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:
i) 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.
6) THAT Section 20 is hereby amended by adding the following as Section
20.6, "Local Commercial Holding (C1-4) Exception Zone."
20.6.1
20.6.2
USES PERMITTED
Bake Shop, Special
Day Care Centres
Dry Cleaning Distribution Depots
Banks or other Financial Establishments
Business and Professional Offices
Personal Service Shops
Retail Stores
Schools, Commercial
ZONE REQUIREMENTS
20.6.2.1
20.6.2.2
20.6.2.3
20.6.2.4
Lot Specifications
Lot Area (minimum)
(maximum)
Lcit Frontage (minimum)
Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Side Yard (minimum)
Building Specifications
650.0 square metres
6,500.0 square metres
18.0 metres
7.5 metres
7.5 metres
7.5 metres
Lot Coverage (maximum) 30.0 percent
Floor Area (maximum)
-for each commercial unit 225.0 square metres
Maximum Floor Area
-for each commercial complex 1200.0 square metres
Height (maximum)
maximum of 2 storeys and no greater than 10.0 metres
above established grade
Buffer Strip
i) Notwithstanding the prov1s1ons of Section 6.31, a
buffer strip shall be provided adjacent to the western
property line and the northern property line .which
shall be used for no other purpose than landscaping.
Notwithstanding the above and the provisions of
Section 3.64, for the purposes of this section, such
landscaping may include retaining walls and curbs.
Access ramps or driveways shall be permitted to
cross such landscaping strips, provided they are more
or less perpendicular to the street line. The width of
the required landscaping strips shall be a minimum of:
6.0 metres abutting Bayview Avenue;
3.0 metres abutting all other street lines;
1.5 metres abutting all interior side or rear lot lines.
ii) Where the buffer strip is located adjacent to a
Residential Zone, Holding Zone or other residential
use, the minimum buffer strip requirements shall
include a solid wood fence with a minimum height of
1.5 metres in conjunction with the landscaping strip
having a minimum width of 1.5 metres.
iii) Where the number of parking spaces in a parking
area, other than a parking garage, exceeds 20, there
shall be landscaping within the parking area ocupying
an area equivalent to not less than 5% of the parking
area.
Holding Prefix
Notwithstanding the provisions of Section 20.6 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)C1-4, on Schedule "A" attached hereto, use
any lot or erect, alter or use any buildings or structures for
-12-
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)C1-4, or any part thereof, the
Town of Aurora shall be satisfied that the relevant provisions
of Section 4.3 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 be 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, site plan agreement and/or
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)C1-4, 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 Section 20.6.1 and Section
20.6.2.
9) No part of this By-law will come into force ·until the provisions of the
Planning Act have b"en complied with, but subject to such provisions the
By~law will take effect from the day of passing thereof.
READ A FIRST AND SECOND TIME THIS ___ DAY OF ____ , 2001.
READ A THIRD TIME AND FINALLY PASSED THIS __ DAYOF __ , 2001.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
S;\Pianning\C01 By-laws\BYLAW\PARSA July 11.doc
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LOT 21, CONCESSION 2
------------------------------~-------------------------------------L----
THIS IS SCHEDULE 'A' TO BY-LAW NO. 4294-01.0
FILE NO: 014-22-00
LOCATION: PARI or LOT 22, CONCESSION 2 d)
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Explanatory Note
Re: Zoning By-law Number 4294-01.0
By-law 4294-01.D has the following 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)R2-74 Exception Zone", "Semi-
Detached and Duplex Dwelling Third Density Residential Holding (H)R3-18
Exception Zone", "Row Dwelling Residential Holding (H)R6-48 Exception Zone",
"Major Open Space (0-9) Exception Zone", "Major Open Space (0-16) Exception
Zone", "Institutional (1-14) Exception Zone", "Environmental Protection (EP-15)
Exception Zone" and "Local Commercial (H)C1-4 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 permit:
single detached dwellings on lots with 15 metre, 12 metre ~nd 9.75 metre
frontages;
semi-detached dwellings on lots with 18 metre lot frontages and/or link house
dwelling units with 9.75 metre frontage;
open space to permit storm water management ponds and walkways;
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;
institutional to permit an elementary school or if the York Region District
School Board conf1rms in the future that a school is not required, parkland or
single detached dwellings on lots with 9.75 metre frontages; and
local commercial to serve the immediate neighbourhood.