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BYLAW - Rezoning Cobblestone Lodge - 20030616 - 443003DISSUE DATE: JUNE 16, 2003 DECISION/ORDER NO: 0805 Ontario Municipal Board Commission des affaires municipales de !'Ontario PL020787 John Gaspar 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 amend Zoning By-law 2213-78 of the Town of Aurora from "Third Density Apartment Residential (RA3) Zone" to "Third Density Apartment Residential (RA3-) Exception Zone" to permit the development of a boarding house. O.M.B. File No. Z020109 APPEARANCES: Parties Town of Aurora (Town) John Gaspar Counsel MEMORANDUM OF ORAL DECISION DELIVERED BY RONALD J. EMO ON MAY 26, 2003 AND ORDER OF THE BOARD Flowing from a pre-hearing conference (PHC) convened by the Board on March 11, 2003 and reported in Decision/Order #0354 (issued March 14, 2003), today's sitting had been set down for a two day hearing on the merits of Mr. Gaspar's appeal, seeking a zoning change to permit additional uses in his retirement home (Cobblestone Lodge) at the north east corner of Yonge and Kennedy Streets in downtown Aurora. On opening the hearing, the Board was apprised that flowing from Council's meeting of May 13th, a settlement had been reached, which was acceptable to both parties. In support of the settlement, the Town led Michael Mallette, its acting manager of planning and development. In his testimony, Mr. Mallette pointed out that not having any experience with housing catering to seniors and others with special needs, both Council and the area residents had concerns as to the impact on the residential neighbourhood to the east of the Cobblestone site. The proposed settlement will create a special exception (RA3-10) to the current Third Density Apartment Residential zone, which will add the additional uses of a retirement home and a residential care facility, as (both) specifically defined, subject to site-specific development standards. j -2-PL020787 Mr. Gaspar and his partner accept that the zone change to their property will be limited to these two new uses, enhanced development standards and also includes a "temporary use" provision, which would see the zone change applicable (unless renewed) for only a three year period. Mr. Tang told the Board that a condition of the settlement will require Mr. Gaspar to make an application (at no additional fee) for similar zoning albeit now containing an "H" (Holding) designation rather than the "temporary use" provision included in the by-law now in front of the Board. The replacement of the "temporary use" provision with an "H" (Holding) designation will eliminate the need to seek an extension every three years, while still providing the Town with ample control. The Board understood that included as part of the process that may result in the imposition of an "H" (Holding) designation are performance standards which, if met, would result in the removal of the "H". Mr. Tang asked that I seize myself of any hearing that may arise from the proposed "H" zoning. Heather Trusler, a former (20 year) resident at 143 Temperance Street (one block west of Yonge) and who now resides at 11 Algonquin Crescent, was the only 'non-party' in attendance. Despite having moved away from the neighbourhood, Ms Trusler still has concerns as to parking and the actual operation of the new "uses" proposed for Cobblestone Lodge. In response to a query from the Board as to whether the two new uses would be an "either/or situation", Mr. Mallette advised that both uses could coexist. It was Mr. Mallette's uncontroverted planning evidence that a zone change that would limit additional uses for Cobblestone Lodge to the specifically defined uses of a retirement home and/or a residential care facility complied with the Urban Residential category and polices of the Town's Official Plan, was not premature and represented good land-use planning. Notwithstanding Ms Trusler's concerns, the Board accepts Mr. Mallette's testimony and. finds that the proposed zoning change conforms with the Official Plan, represents good land-use planning, and should be implemented. Accordingly, the appeal is allowed in part, and the Town's (parent) Zoning By- Law 2213-78 is amended in the form set out on Attachment "1" (tab 3 of exhibit 5). '· -3-. PL020787 Should there be appeals of either the site plan approval or the proposed "H" zoning within one year from the date of issuance of this Order, I am seized of the hearing. The Board so Orders. "Ronald J. Emo" RONALD J. EMO MEMBER Attachment '1' (Cobblestone) PL020787 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4430-03. D BEING A BY-LAW to amend. By-law No. 2213-78 WHEREAS authority is given to The Ontario Municipal Board by Section 34 and Section 39 of the Planning Act which deals with appeals of Zoning By-law. AND WHEREAS the Board allowed the appeal of Cobblestone Lodge Retirement Home. NOW THEREFORE the Ontario Municipal Board Orders By-Law 2213 -78 amended as follows: 1. THAT the zoning categories applying to the lands shown on Schedule "A" attached hereto and forming part of this By-law are hereby amended from '1hird Density Apartment Residential (RA3) Zone" to "Third Density Apartment Residential (RA3-1 0) Except Zone". 2. THAT Section 18 is hereby amended by adding the following as Section 18.12, "Third Density Apartment Residential (RA3 -10) Exception Zone": SECTION 18.12 THIRD DENSITY APARTMENT RESIDENTIAL (RA3 -10) EXCEPTION ZONE 18.12.1 Uses Permitted retirement home residential care facility For the purposes of this section, retirement home means a full-time supervised premises used for the accommodation of retired persons or couples, without individual food preparation facilities, where only one common facility for the preparation and consumption of food is provided, and where common lounges, and recreation rooms may be provided. 18.12.2 18.12.2.1 18.12.2.2 -2- For the purpose of this section, residential care facility means a full- time supervised facility for the accommodation of more than 1 0 persons, exclusive of staff who, by reason of their emotional, mental, social or physical condition, require assistance with daily living skills, such as dressing, bathing, and feeding, and where: -The members of the group are referred by a hospital, government agency, or recognized social services agency or health professional; and -Such facility is licensed by the Region of York, pursuant to its By- law No. Ll-0009-2000-071 or its successor by-law, or licensed or approved under Provincial statute; Such facility complies with the requirements to be licensed as a Home for Special Care under the Homes for Special Care Act, R.S.O. 1990, Chapter H.12, including the interim operating guidelines for Homes for Special Care, July, 2001, as they may amended or replaced; and, -Such facility is not a halfway house or correctional facility for criminal offenders, hospital, nursing home, retirement home, ) boarding or rooming house, convalesce.nt home, hotel, or motel. Zone Requirements Building Specifications Maximum Gross Floor Area: 521 square metres Maximum number of residents for a retirement home: 18 Maximum number of residents for a residential care facility: 22 Parking Specifications Number of Spaces (minimum) 0.38 spaces per bed for a Retirement Home Number of Spaces (minimum) 0.318 spaces per bed for a Residential Care Facility 18.12.2.3 18.12.2.4 18.12.2.5 18.12.2.6 -3- Notwithstanding the provisions of Section 6.26, driveways abutting or adjacent to parking spaces that are on an angle of less than 45 degrees to the driveway shall have adequate provision for manoeuvering space and driveway purposes as follows: Minimum driveway width 2.7 metres Outdoor Amenity Space Minimum Outdoor Amenity Space: 147 square metres Minimum Outdoor Amenity Space: 6.68 square metres per resident The Outdoor Amenity Space shall be set back a minimum of 5.0 metres from the East lot line. For the purpose of this section, Outdoor Amenity Space shall mean a contiguous outdoor common area within the lot provided for the exclusive use of residents of the building for recreational or social purposes, but does not include a driveway or ramp (excluding a wheelchair ramp), a curb, retaining wall, motor vehicle parking area or open space beneath or within a building or structure. Landscaping i) An open landscaped strip with a minimum width of 3.0 metres shall be provided and maintained adjacent to the entire length of the west lot line and 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 one · driveway shall be permitted to cross such landscaping strips, provided they are more or less perpendicular to the street line. ii) A minimum of ten percent (10%) of the area of the lot shall be used for no other purpose than landscaping. No more than two staff shall be permitted to be residents of the retirement home or the residential care facility. All other provisions of Section 18 shall continue to apply. -4- 3. This By-law comes into force in accordance with Sections 34(26) and 34(30) of the Planning Act, R.S.O. 1990, as amended .. 4. This By-law shall expire three (3) years from the day of the passing of this By- law. PURSUANT TO DECISION/ORDER NO. OF THE ONTARIO MUNICIPAL BOARD ISSUED ON , 2003 IN BOARD CASE NO. PL020787. I TOWN OF AURORA 1>=<1 FROM RA3 TO RA3-1 0 1-6 RA3 o~~~2iii;;;O ----~40 Meters THIS IS SCHEDULE "A" TO BY-LAW NO. 4430-03.D Approved by the Ontario Municipal Board pursuant to it's Decision/Order No. --------;;;;:;:;:;-' issued on 2003. N A FILE NO: D14-04-02 LOCATION: LOT 167, R.P. 246 15, 029 YONGE STREET Explanatory Note Re: Zoning By-law Number 4430-03.0 By-law 4430-03.D has the following purpose and effect: To amend· By-law 2213-78, the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands being Lot 167, R.P. 246 (15,029 Yonge Street), from "Third Density Apartment Residential (RA3) Zone" to "Third Density Apartment Residential (RA3-10) Exception Zone" in order to permit the use of the lands for a retirement home and a residential care facility. The proposed Zoning By-law Amendment includes specific development standards for the subject lands including the following: parking restrictions, maximum number of residents, maximum gross floor area, minimum outdoor amenity space requirements, minimum setbacks, minimum driveway widths and minimum landscaping requirements. The Amendment also includes definitions of the proposed uses and a requirement that two staff shall be permitted to be residents of the retirement home or the residential care facility. The proposed Zoning By-law Amendment is a temporary use by-law which will expire three (3) years from the date of approval. S:\Pianning\C01 By-Laws\BYLAW\4430-03.0, mm-Cobblestone.doc . "