BYLAW - Rezoning Lind 240 Kennedy - 20030409 - 442303D".--.
ISSUE DATE:
April17, 2003
DECISION/ORDER NO: ~ ' 0494
Ontario
Ontario Municipal Board
Commission des affaires municipales de !'Ontario
PL011173
Lenard Lind 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 240 Kennedy Street West from Holding (H) Zone and Environmental Protection (EP)
Zone to Residential Second Density (R2) Exception Zone, Open Space (0) Zone . and
Environmental Protection (EP) Zone to permit a residential condominium development of 4 units
OMB File No. Z010173
Lenard Lind 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 240 Kennedy Street
West, in the Town of Aurora
Town's File No. D07-02-4A
O.M.B. File No. 80300 .w...-::::-;::;::::::-:;::;::===--.. 1 TOWN-m:··:zmRt5RA
APPEARANCES: PLAI\INING DEPARTMENT
RECEIVED
~PR 4 2003
. Barnett
Parties ~
Lenard Lind INI~jje -..u· ~"-'7;7s...-; __ _.J:C!._
Town of Aurora A-C-T-"-10-'--+N-7'!1!'\r~"~~----. Tang ~~~·~~~~~~ .
MEMORANDUM OF ORAL DECISION DELIVERED BY R. D. M. OWEN
ON APRIL 9, 2003 AND ORDER OF THE BOARD
The Town and the applicant/appellant have now agreed on an appropriate zoning
by-law amendment and draft plan of condominium subject to conditions, for these lands.
No one appeared in opposition to the application.
The Board heard from the applicant's planning consultant, Mark Yarranton, who
gave a thorough detailed review of the applications, the Region and Town Official Plans'
applicable policies, the Provincial Policy Statement and the Oak Ridges Moraine
Conservation Plan. In addition he referred to and relied upon myriad expert studies and
reports, filed as Exhibit 6, which were done to satisfy the policies of the Official Plans
and the Oak Ridges Moraine Conservation Plan. It was his planning opinion that these
applications conform to the Oak Ridges Moraine Conservation Act and Plan as well as
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conforming to the Region and Town's Official Plans and implement the Provincial Policy
Statement Goals for Developing Strong Communities and Housing. The Planner did a
careful review of the Oak Ridges Moraine Conservation Plan with reference to the
various reports that satisfied the provisions of this Plan.
The creation of a vacant land condominium comprising five lots, a private road
and some 72% of the site remaining in either private open space or environmental
protection results in an appropriate development of the site. The Zoning By-law ·
provisions limit the height of the proposed homes and create a landscaped strip
adjacentto the property to the West to minimize the impacts. Mr. Yarranton was of the
opinion there were no adverse impacts of the development on the owners to the west or
on Tannery Creek to the east.
The Board accepts the planning opinions expressed and finds that the zoning by-
law conforms to the Regional and Town Official Plans and conforms to the Oak Ridges
Moraine Conservation Act and Plan and meets the intent of the Provincial Policy
Statement.
The draft plan of condominium also conforms to these plans and the Oak Ridges
Moraine Conservation Act as well as satisfying the provisions of section 51(24) of the
Planning Act. These applications represent good land use planning.
The Board amends Zoning By-law 2212-78 in accordance with Attachment 1 to
this decision (Exhibit 7) and the Board gives approval to the Draft Plan of Condominium
Exhibit 3 subject to the conditions set out in Attachment 2 (Exhibit 8).
Pursuant to subsection 51 (56.1) of the Planning Act; the Town of Aurora shall
have the authority to clear conditions of draft plan approval and to administer final
approval of the plan of condominium.
This is the Order of the Board.
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ATTACHM~ .T1 PL011173
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4423-03.0
BEING A BY-LAW to amend
By-lawNo. 2213-78
WHEREAS authority Is given to The Ontario Municipal Board by Section 34 and Section
37 of the Planning Act to enact this By-Jaw;
· AND WHEREAS the Board, pursuant to Its Decision/Order No. , issued on
-,--:--;-;--:---:-:-=--·· 2003, upon hearing the appeal of Lenard Lind, deems it
advisable to enact an amendment to By-Jaw Number 2213-78, as amended.
NOW THEREFORE the Ontario Municipal Board HEREBY ENACTS as follows: .
1. THAT the zoning category applying to the lands shown in· shading on Schedule
"A" attached hereto and forming part of this By-Jaw is hereby amended from
"Holding (H) Zone' and "Environmental Protection (EP) Zone" to "Second Density
Residential (R2-80) Exception Zone", "Major Open Space (0-9) Exception Zone"
and "Environmental Protection (EP) Zone".
2. THAT Section 11 is hereby amended by adding the following Section 11.82,
"Second Density Residential (R2-80) Exception Zone".
11.82.1 USES PERMITTED
one detached dwelling per lot
a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12
entry gates and or structures
11.82.2 · ZONE REQUIREMENTS
11.82.2.1 Lot Specifications
Lot Area (minimum)
Lot frontage (minimum)
560 square metres
18.0 metres
11.82.2. 1.1 Notwithstanding Section 3.69, for the purposes of this by-Jaw, a lot
shall be deemed to mean a whole of one unit fronting on a private
right-of-way as shown on a registered plan of condominium
pursuant to the Condominium Act 1998.
11.82.2. 1.2 Notwithstanding Section 3.123 for the purposes of this by-law a
street or road shall mean a private street as established on a
registered plan of condominium pursuant to the Condominium Act
1998.
· 11.82.2.2 Siting Specifications
Front Yard (minimum)
-Main building
-Garage
Rear Yard (minimum)
Interior Side Yard (minimum)
4.5 metres
6.0 metres
7.5 metres
1.2 metres
PL011173
By'law No. 4423-03.0 Page 2
11.82.2.3 Siting Specifications Exception
11.82.2.3.1
11.82.2.3.2
Notwithstanding the provisions of Section 11.82.2.2, the following
minimum setback requirements shall apply to Block 5 as shown on
Schedule "A" attached hereto:
-from Street to Main Building and Garage
-from East Lot Line
-from West Lot Line
-from South Lot Line
4.5 metres
5.0 metres
18.0 metres
4.5 metres
Notwithstanding any provisions to the contrary, the minimum rear
yard setback shall be 1.2 metres and shall be calculated from the
boundary between the R2-80 and EP Zones
Notwithstanding the provisions of Section 6.2, the minimum interior
side yard setback for the pool shed existing on the date of passing
of this by-law shall be 4.5 metres.
Notwithstanding the provisions of Section 6.48, the minimum
distance separation from a rear lot line shall be 1.2 metres and
shall be calculated from the boundary line between the R2-80 and
EP Zones.
11.82.2.3.3 The provisions of Section 7.1.1 shall not apply to the lands zoned
R2-80. .
11.82.2.4 Building Specifications
Floor ·Area (minimum)
Height (main building) maximum
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Lot Co~erage (maximum)
120.0 square metres
6.0 metres
6.0 metres
2.9 metres
50%
11.82.2.4.1 The provisions of Section 6.28.1 (i) shall not apply for the purposes
of this by-law with the exception that the driveway width shall be a
maximum of 6.5 metres at the street line to the private right-of-way.
11.82.2.5 Parking
Notwithstanding the definition contained within Section 3.98 and
the provisions of Section 6.26.1.1, a minimum ofthree (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.
11.82.2.6 Landscapil!g
A strip of land not less than 3.0 m shall be provided adjacent to the
entire west limit of Block 6 as shown on Schedule "A" attached
hereto 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 curbs,
retaining walls, catch basins, drains, signs and other services and
utilities.
PL011173
By-law No. 4423-03.0 Page3
3. THAT no part of this By-law will come into force until the provisions of the
Planning Act have been complied with, but subject to such provisions the By-law
will take effect from the day of passing thereof.
PURSUANT TO DECISION/ORDER NO. ---=OF THE ONTARIO MUNICIPAL
BOARD ISSUED ON 2003 IN BOARD CASE NO.
PL ____ .
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LOT 79 BLOCK 7
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THIS IS SCHEDULE "A"
FILE NO: D14-06-01
PL011173
TO BY-LAW No. 4423-03.D
Approved by the Onta·rio
Municipal Board pursuant
to its Decision/Order No. ___ ,
· LOCATION: Part of Lot 79
Concession -1
issued on ______ , 2003.
• -5-PL011173
Explanatory Note
Re: Zoning By-law Number-----
By-law No. ____ has the following purpose and effect:
To amend the zoning from "Holding (H) Zone" and "Environmental Protection (EP) Zone"
to "Second Density Residential (R2-82) Exception Zone", "Major Open Space (0-9)
Exception Zone" and "Environmental Protection (EP) Zone" within By-law 2213-78, the
Zoning By-law in effect in the Town of Aurora, effecting lands identified as Part of Lot
79, Concession 1 W.Y.S (240 Kennedy Street West).
The By-law will penn it the use of the subject lands for one single detached dwelling per
new lot, plus the existing dwelling. The By-law also contains site specific siting
provisions such as minimum setbacks, a minimum floor area of 120 square metres, a
maximum lot c9verage of 50%, and a maximum height of 6.0 metres. In addition, there
are minimum parking and landscaping requirements. ·
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ATTACHMENT 2
Conditions of Draft Plan Approval for Vacant Land Condominium
Applicant: Lenard Lind
Part of Lot 79, Concession 1 WYS
240 Kennedy Street West
PL011173
GENERAL
1. Approval shall relate to Draft Plan of Condominium D07-02-4A prepared by KLM
Planning Partners Inc., Project No. P-411, Drawing No. 03:3, dated March 12,2003.
2. Prior to final approval, the Owner shall enter into a Condominium Agreement with the
Town of Aurora agreeing to satisfy all conditions, financial and otherwise of the Town.
The Condominium Agreement shall . be registered by the Town of Aurora against the
lands to which it applies, as provided for in the Planning Act.
ZONING
3. The Owner shall agree that the lands within this Draft Plan of Condominium 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.
UTILITIES
4. The Owner shall agree in the Condominium Agreement to consult with Canada Post
Corporation to detennine a suitable location for the placement of a Community Mailbox
and to indicate this location on appropriate servicing plans. The location of the said
structure 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 Units a notice that mail delivery will be from a Community
Mailbox and to include the exact location of the Community Mailbox.
5. The Owner shall agree in the Condominium Agreement to provide the following for the
Community Mailbox site and to include these requirements on appropriate servicing
plans:
• an appropriately sized sidewalk section (concrete pad), as per Canada Post
specifications on which to place the Community Mailbox; and,
• any required curb depressions for wheelchair access .
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Conditions of Draft Approval -2-April 9, 2003
Draft Plan of Vacant Land Condominium
D07..02-4A
6. The Owner shall agree in the Condominium Agreement to determine and provide a
suitable temporary Community Mailbox location that may be utilized by. Canada Post
until the above-mentioned criteria are completed at the permanent Community Mailbox
site location.
7. Prior to final approval, the private road allowance included within the Draft Plan of
Condominium shall be named to the satisfaction of the Town of Aurora and the Regional
Planning DeP.artment. ~ ( . II • • n.... _ 4-
'"lo.Jl ow~~.er S\v.\\ ~j~ "' """'" b'"lt0~•"\1 \I.... ''"()~"""\ N .
8. \ Prior te fiRe I eppfBvel, such easements as may be required for public utility or drainage
or other municipal purposes shall be granted to the Town or the appropriate authority. . .
9. The Owner shall agree in the Condominium Agreement that natural gas; telephone
service, cable T.V. service, and other telecommunication services including other street
hardware, where possible, shall be constructed underground within the private road
allowances or other appropriate easements to the satisfaction of the Town.
10.
11.
Prior to final approval, the Owner shall enter into any agreements· with the service
providers as may be required with·respect to the provision of natural gas, telephone,
telecommunications, and cable T.V. service for the lands within this Draft Plan of
Condominium .
Hydro electric service for the lands within· this Draft Plan of Condominium shall be
constructed to ~he satisfaction of the Aurora Hydro Connections Limited, and the Owner
will be responsible for entering into an Electrical Plant Agreement with the Aurora Hydro
Connections Limited for the supply and installation of the electrical services in the
condominium.
PARKLAND
12. The Owner shall agree in the Condominium Agreement to convey land, provide cash-in-
lieu of land, or a combination thereof to the Town of Aurora in accordance with the
Town's Parkland Policy and By-law (being a By-law to require land or cash-in-lieu
thereof for park or other public recreational purpose as a condition of the development
or redevelopment of land).
TRAIL EASEMENT
13. Prior to final approval, the Owner shall convey an easement to the Town over Block 7
for the purposes of a trail connection from Kennedy Street to Town owned open space
abutting the north boundary of the Plan, to the satisfaction of the Director of Leisure
Services.
VEGETATION PRESERVATION
14 . The Owner shall agree in the Condominium Agreement not to remove any trees on any
Lots and/or Blocks within the Plan without the prior written approval of the Director of
Leisure Services.
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PL011173
Conditions of Draft Approval -3-April 9, 2003
Draft Plan of Vacant Land Condominium
DD7-D2-4A
15. Prior to entering into the Condominium Agreement, the Owner shall prepare a
Vegetation Preservation and Restoration Plan including the following requirements, to
the satisfaction of the Director of Leisure Services:
16.
17~
18.
a) a vegetation_ .inventory and at-grade impact assessment for existing vegetation
impacted by development;
b) identification of vegetation protection measures and vegetation removals;
c) restoration/compensation plantings for disturbed natural areas and vegetation
removal areas, and general naturalization plantings for Open Space Block 7; and,
d) long-term maintenance and management specifications for preserved vegetation
and Open Space natural areas.
The Owner shall agree in the C_ondominium Agreement to carry out or cause to be
carried out ·the recommendations and measures contained within the approved
Vegetation Preservation and Restoration Pian and to obtain the sen/ices of a certified
arborist or registered professional forester, in coordination with the approved Vegetation
Preservation and Restoration Plan, to monitor, protect and enhance the existing
hedgerow along the west boundary of the Plan, and to implement and/or provide the
following requirements to the satisfaction ofthe Director of Leisure Services:
a) a photographic record of the hedgerow immediately prior to, during and after
construction activities;
b) an arboricultural assessment of the condition of the hedgerow prior to construction
disturbance on the lands, monitoring of protection measures during construction, and
follow-up assessment upon completion of development;
c) a grading design and at-grade measures supportive of the preservation of this
hedgerow; -
d) all necessary protection measures;
e) understorey and infill planting; and,
f) replacement planting with similar size and species should any trees within the
hedgerow become damaged or die as a result of construction activities throughout
the construction period and for a period of two (2) years thereafter.
The Owner .. shall agree in the Condominium Agreement to construct temporary
protection fencing for all vegetation designated to be preserved, in accordance with the
approved Vegetation Preservation and Restoration Plan, to the satisfaction of the
Director of Leisure Services. Protection fencing shall be to Town standards and shall be
installed prior to commencement of any demolition, topsoil removal, grading or
construction activities on the Lands. Protection fencing shall be maintained in good
condition for the duration of development on the lands, to the satisfaction of the Director
of Leisure Services.
The Owner shall agree in the Condominium Agreement that, prior to the initiation of any
demolition, topsoil removal, grading or construction works on the Lands, the Owner shall
construct temporary protection fencing including silt fencing along the limit of grading
and development on the Lands. The protection/silt fencing shall be maintained in good
condition for duration of development construction. The Owner shall further agree not to
change grades or otherwise disturb or encroach upon the natural areas delineated by
protection fencing, all to the satisfaction of the Director of Leisure Services.
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PL011H~ .
Conditions of Draft Approval April 9, 2003
Draft Plan of Vacant Land Condominium
D07-02-4A
19. The Owner shall agree in the Condominium Agreement that Open Space Block 7 shall
be maintained as a natural area and that a "no-mow' zone shall be established along
the top of the fill slope at the rear of proposed Lots 1-4 and Block 5. The Owner shall
further agree that provisions will be made in the Condominium Agreement requiring the
Condominium Corporation to maintain Block 7 as a natural area, free from
encroachments and disturbance, and recognizing the delineated "no-mow' zone at the
rear of Lots 1-4 and Block 5 during maintenance of the site.
LANDSCAPING
20. The Owner shall agree in the Condominium Agreement to install fencing along the lot
lines of Lots or Blocks abutting Town of Aurora Open Space lands in accordance with
Town standards and to the satisfaction of the Director of Leisure Services. ·
' 21. The Owner shall agree in the Condominium Agreement to provide design plans and
22.
23.
implement on-site the installation of street trees on all private and · public road
allowances within the Plan, in accordance with Town !!tandards and to the satisfaction
. of the Director of Leisure Services. ·
The Owner shall agree in the Condominium Agreement to provide design plans and
implement landscape works on-site for any proposed entry features and associated
landscaping within the Plan, to the satisfaction of the Director of Leisure Services. '
The Owner shall agree in the Condominium Agreement to provide design plans and
implement landscape works on-site for. all proposed fence types, layouts, fence
materials and construction within the Plan. The Owner shall further agree that all fencing
shall be in accordance with Town standards and to the satisfaction of the Director of
Leisure Services.
24. The Owner shall agree in the Condominium Agreement to provide a consistent and
continuous minimum depth of 300mm of topsoil for all areas associated with
consolidated plantings and street tree plantings within the Plan in accordance with Town
standards and to the satisfaction of the Director of Leisure Services.
25. The Owner shall agree in the Condominium Agreement to provide landscape securities
in a form satisfactory to the Town and in sufficient amounts based on the cost of the
works associated with all landscaping and vegetation preservation works, to ensure
performance and compliance of the works to the satisfaction of the Town .
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PL011173
Conditions of Draft Approval ·5· April 9, 2003
Draft •Plan of Vacant Land Condominium
DD7-02-4A
STORMWATER MANAGEMENT
26. · Prior to entering. into the Condominium Agreement, the Owner shall prepare a
Stormwater Management Plan which is acceptable to the Town of Aurora, the Lake
Simcoe Region Conservation Authority, and if required the Ministry of the Environment
and the Ministry of Natural Resources. The said Stormwater Management Report shall
substantiate that the development lands meet the current stormwater quantity and
quality requirements in accordance with the latest Provincial guidelines. The said report
shall include a recommended protocol for the future maintenance of the facility, and the
said report shall be approved by the Town and any other agency having jurisdiction
27. Prior to final approval and to any grading taking place on-site, the Owner shall
undertake and submit to the Lake Simcoe Region Conservation Authority for review and
approval the following:
28 .
· a) A stormwater management report incorporating Level 1 protection to the
satisfaction of the Lake Simcoe Region Conservation Authority. Provision must be
made to locate the detention facility above the one to one hundred year storm flood
line if applicable.
The Owner shall agree in the Condominium Agreement to carry out or cause to be
carried out the recommendations and measures contained within the reports and plans
approved under Conditions 26 and 27.
29. The Owner shall agree in the Condominium Agreement to obtain all necessary
Conservation Authority permits.
30. The Owner shall agree in the Condominium Agreement to maintain all the erosion and
siltation control devices in good repair during the construction period in a manner
satisfactory to the Lake Simcoe Region Conservation Authority.
31. Prioir to final approval, all lands subject to flooding during a Regional storm shall be
zoned such that the erection of structures of any kind, placing or removing or fill or the
alteration of a watercourse is prohibited without the written approval of the Lake Simcoe
Region Conservation Authority.
32. The Owner shall agree in the Condominium Agreement that prior to commencement of
any above/below ground construction, all required stormwater management facilities
shall be fully stabilized prior to the completion of any other aspect of the servicing
works. Further, all stormwater management facilities shall be buffered and landscaped
to the satisfaction of the Director of Public Works and the Director of Leisure Services .
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PL0111.73.
Conditions of Draft Approval ·6· April 9, 2003
Draft Plan of Vacant Land Condominium
D07-02-4A
33. Prior to final approval, the Owner shall make satisfactory arrangements with the Town of
Aurora relating to the operation and maintenance of the storm sewer ~ystem and the
stormwater management facilities, as may be required by the Ministry of the
Environment. If required, these arrangements shall include the reimbursement to the
Town of Aurora for all costs incurred in satisfying the condition(s) imposed by the
Ministry of the Environment, the granting of such easements as necessary to satisfy the
Ministry's requirements, and other items as may be required of and by the Town of
Aurora.
34. The Owner shall agree in the Condominium Agreement to include a clause in all offers
of purchase and sale, in wording acceptable to the Town of Aurora, for all lots or blocks
abutting the stormwater facility, advising of the function of these areas and that natural
vegetation must be maintained on the site to contribute to their function.
SITE SERVICING
35. Prior to final approval, the Owner shall convey any 0.3 metre reserves to the Town of
36.
Aurora at no cost and free of all encumbrances. ' ·
Prior to final approval, the Owner shall provide for the review and approval of the Town
of Aurora's Director of Public Works and the Town of Aurora's Director of Building
Administration the following: ·
a) confirmation that the development is in compliance with the Town's parking
standards and policy, as adopted by Council on November 4, 1999; and,
b) a geotechnical report addressing the appropriate design criteria and construction
recommendations for the proposed houses and the installation of municipal services
and the road.
37. The Owner shall agree in the Condominium Agreement to carry out or cause to be
carried out the recommendations and measures contained within the reports approved
under Condition 37.
38. Prior to final approval, the Owner shall prepare engineering grading and servicing
drawings for the layout and construction of services for the lands subject to the entire
draft plan of condominium to the satisfaction of the Director of Public Works. Such plans
shall be designed and scaled as described in the Town of Aurora Design Criteria
Manual. The aforementioned design drawings shall also provide details with respect to
any non-standard street sections and turn-arounds for the review and approval of the·
Director of Public Works.
39. The Owner shall agree in the Condominium Agreement that construction access to the
site shall be specifically approved by the Director of Public Works.
40. The Owner shall agree in the Condominium Agreement that all lots or blocks which, in
the opinion of the Director of Public Works, acting reasonably, are likely to be left vacant
for longer than six months, and all portions of private roadways that are not paved and
not being used for access, together with all drainage swales, shall be graded, seeded
and/or sodded, and maintained to the satisfaction of the Director of Public Works.
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PL011173
Conditions of Draft Approval -7-April 9, 2003
Draft ~lan of Vacant Land Condominium
D07-02-4A
41. Prior to undertaking any grading on the site the Owner shall apply for and receive a
"Topsoil Removal Permit" from the Public Works Department, and in connection with the
Topsoil Removal Permit, 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 siltation and their effects will be
minimized and contained on the site, both during and after the construction period. ·
42. The Owner shall agree in the Condominium Agreement that no building permits are to
be issued until the internal network is complete and is connected to the external water
system at Kennedy Street West and until paved access is completed to Kennedy Street
West.
43. Prior to final approval and prior to the execution of any Condominium Agreements for
the lands subject to this plan, the Owner shall enter into an agreement, or such other
arrangements acceptable to the Town, which provides for the construction and
maintenance of all municipal or private infrastructure as deemed necessary by the Town
on other lands adjacent to or in proximity to this site in order to provide services to the
subject lands.
44. The Owner shall acknowledge and agree in the Condominium Agreement that the roads
and services contemplated in the plan are intended to be private and maintained as ·
such in perpetuity.
The Owner shall further acknowledge and agree that the Town shall not assume or be
in anyway responsible for the said roads and services in the future, and the Owner shall
further agree to an indemnification of the Town in such wording as may be approved by
the Town respecting ownership, design, safety, maintenance, and such other matters as
the Town deems appropriate with respect to such roads and services.
45. The Owner shall in wording satisfactory to the Town, agree in the Condominium
Agreement, to insert in all agreements of purchase and sale a notice to all purchasers
advising that the roads and services contemplated by the plan are not subject to normal
municipal standards and maintenance practices and are the ongoing responsibility of
the purchaser in their capacity as an owner of the common elements Condominium
Corporation.
46. The Owner shall acknowledge and agree in the Condominium Agreement that the
existing drainage patterns from the lands external to the Plan shall continue to be
accommodated and shall be conveyed in a manner consistent with standard
engineering principles and design practices.
NOISE STUDY
47. Prior to entering into the Condominium Agreement, the Owner shall prepare and submit
to the Town for review and approval an acoustic and vibration report for the lands, which
addresses amongst other matters, the impact of Kennedy Street on the development, to
the satisfaction of the Director of Public Works and the Director of Building.
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PL011'173 ..
Conditions of Draft Approval -8-Aprll9,2003
Draft Plan of Vacant Land Condominium
D07-02-4A
48. The Owner shall agree in the Condominium Agreement ·to carry our, or cause to be
carried out the approved measur~s and recommendation contained in the study referred
to in Condition No. 47. All attenuation and· mitigating measures shall be approved by
the Director of Public Works, the Director of Leisure Services, and the Director of
Building Administration.
URBAN DESIGN
49. The Owner shall agree in the Condominium Agreement to obtain Site Plan Approval
from the Town for each new unit within the plan. The Owner shall further agree that the
plans will be reviewed by the Town's controlling architect and/or urban design
consultant to ensure that the development is compatible with the existing character of
the area, that there are no westerly facing windows above the eaves trough level, that
there are gambrel or "Dutch" roofs,. and that other good design principles are complied
with throughout the Plan of Condominium.
50. The Owner shall agree in the Condominium Agreement to be financially responsible for
the cost of the Town's controlling architect and/or urban design consultant.
MISCELLANEOUS
51.
52.
The Owner shall agree in the Condominium Agreement to insert a warning clause in all
Offers of Purchase and Sale Agreements with prospective purchasers for each of the
proposed new dwelling units providing clear notice that:
"The lands within this development have previously been subject to filling that was not
placed under controlled conditions. In order to adequately support house footings and
basement/garage floor slabs and facilitate dwelling construction, the developer is
required to remove the existing fill and underlying peat layer and undertake certain
measures outlined in an Engineering Report prepared by Pazin Geotechnical Services
Ltd. dated January 29th, 2001, as amended from time to time. Home purchasers shall
satisfy themselves that the works have been undertaken in an appropriate fashion.
Town of Aurora will not be responsible for any repercussions arising from adherence to
or deviations from the said Report. Copies of this document may be obtained from the
Town of Aurora Building Department."
The Owner shall agree in the Condominium Agreement to provide the newly created
condominium corporation with all records and engineering reports related to site
conditions.
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PL011173
Conditions of Draft Approval .g. April 9, 2003
Draft Plan of Vacant Land Condominium
D07-02-4A
53.
54.
Prior to final approval of this Plan, or any portion thereof, the Owner shall demonstrate
compliance with the "Town of Aurora Interim Policy and Procedures Contaminated
Sites' as approved by Council on July 23, 1998. Further the Owner shall agree in the
Condominium 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 said lands to the
Town.
The Owner shall agree in the Condominium Agreement that, prior to offering the units
for sale, the Owner shall submit and obtain the written approval from the Director of
Planning with respect to the display plans to be used for sales and/or marketing. The
Owner shall further agree to make available and display to all prospective purchasers of
residential units within the condominium the following:
a) the latest version of the approved draft plan or registered plan;
b) 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, enviror;Jmental 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, any proposed warning clauses, or restrictive covenants to be registered on
title and any further information as specified in the Condominium Agreement; and,
c) a copy of the approved zoning by-law for the lands, together with the Condominium
Agreement (when approved by the Town of Aurora).
Further, the Owner sh;;!ll 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.
55. Prior to final approval, the Owner shall have paid to the Town the amount of $82,783.53,
as per Schedule S-3 of the Kennedy Street West Reconstruction Cost Sharing
Agreement dated July 27, 1988.
56. The Owner shall agree in the Condominium Agreement to maintain all fire hydrants
installed on the lands in accordance with the minimum standards provided for
maintenance of fire hydrants by Part 6 of the Ontario Fire Code, as may be amended or
replaced from time to time.
57. The Owner shall agree in the Condominium Agreement that Blocks 1, 2, 3, 4, and part
of 5 shall be elevated above the regional storm flood plain through a cut and fill balance
acceptable to the Lake Simcoe Region Conservation Authority.
58. Prior to final approval the Region shall confirm that adequate water supply and sewage
treatment capacity are available for the development proposed within this draft plan of
condominium and have been allocated by the Town of Aurora .
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Conditions of Draft Approval -10-Aprll9,2003
Draft Plan of Vacant Land Condominium
D07-02-4A
59. Prior to fimill approval, the Owner shall enter into an agreement with the Regional
Corporation agreeing to satisfy all conditions, financial and otherwise, qf the Regional
Corporation in accordance with By-law DC-3-98-n.
60. The Owner shall, prior to final approval, enter into a Condominium Agreement with the
Town of Aurora agreeing to satisfy all conditions, financial and otherwise of the Town.
The Condominium Agreement will be registered against the lands to which it applies, at
the sole expense of the Owner and the Owner shall obtain and register a discharge or a
consent and postponement of any encumbrance on the subject lands, at its sole
expense to the satisfaction of the Town.
CLEARANCES
61. Final approval for registration may be issued in phases provided that:
62 .
63 ..
64,
65.
66.
67.
68.
69.
70.
71 .
all agencies agree to registration by phases and provide clearances as required in
Conditions 1 through 72 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.
The Town of Aurora Planning Department shall advise that Conditions 1 to 3 inclusive,
48 to 50 inclusive, 53, 54, and 60 have been satisfied. '
The Town of Aurora Corporate Services Department shall advise that Condition 7 has
been satisfied.'
The Town of Aurora Building Department shall advise that Conditions 36, 47, 48, 51,
and 52 have been satisfied.
The Town of Aurora Public Works Department shall advise that Conditions 4, 8 to 10
inclusive, 26, 28, and 32 to 48 inclusive have been satisfied.
The Town of Aurora Leisure Services Department shall advise that Conditions 12 to 25
inclusive, 32, and 48 inclusive have been satisfied.
The Town 61 Aurora Treasury Department shall advise that Condition 55 has been
satisfied.
The Central York Fire Services shall advise that Condition 56 has been satisfied.
The Lake Simcoe Region Conservation Authority shall advise that Conditions 26, 27, 29
to 31 inclusive, 41, and 57 have been satisfied.
The Region of York shall advise that Conditions 7, 58, and 59 have been satisfied.
.Aurora Hydro Connections Limited shall advise that Condition 11 has been satisfied.
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Conditions of Draft Approval
Draft Plan of Vacant Land Condominium
D07-02-4A
-11-April 9, 2003
72. Canada Post Corporation shall advise that Conditions 4 to 6 inclusive have been
satisfied.
NOTE: WHERE FINAL APPROVAL FOR REGISTRATION HAS NOT BEEN GIVEN WITHIN
THREE YEARS AFTER THE DATE UPON WHICH APPROVAL TO THE PROPOSED
PLAN OF CONDOMINIUM WAS GIVEN, THE TOWN OF AURORA MAY, IN ITS
DISCRETION, AND PURSUANT TO THE PLANNING ACT R.S.O. 1990 WITHDRAW
ITS APPROVAL TO THIS PROPOSED PLAN OF CONDOMINIUM, UNLESS
APPROVAL HAS BEEN SOONER WITHDRAWN, BUT THE TOWN OF AURORA
MAY FROM TIME TO TIME EXTEND THE DURATION OF THE APPROVAL.
S:\Pianning\007 Condominium Plans\Drafl Condltions\Lenard Lind-Draft Condltions.doc
PL011173