BYLAW - Rezoning Magna Condo - 20040909 - 454304D.''
ISSUE DATE:
Aug. 8, 2006
DECISION/ORDER NO:
2226
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Ontario
Ontario Municipal Board
Commission des affaires municipales de I' Ontario
PL040086
1207309 Ontario Inc. and 690346 Ontario Inc. have 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 By-law 2213-78 of the Town of Aurora to
rezone 455 Magna Drive from Rural General (RU) and Rural General ([H]RU-6) -Holding
Exception to Detached Dwelling First Density Residential (R1) to permit one detached dwelling
per lot for the proposed vacant land plan of condominium
OMB File No. Z040015
1207309 Ontario Inc. and 690346 Ontario Inc. have 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 10-unit single detached residential Plan
of Condominium known as MEC Vacant Land Condominium on lands composed of 455 Magna
Drive
Town's F"e No.-007-03-03-A
OMB File No. 8040005
BE FORE:
M.F.V. EGER
VICE-CHAIR
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Thursday, the 3rt1 day of
August, 2006
THIS MATTER having come on for public hearing and the Board, pursuant to
Decision/Order No. 1459 issued on September 9, 2004 (the "Decision"), having withheld
its Order until the Town of Aurora (the 'Town") has confirmed that servicing capacity is
. available and has been allocated forthe subject lands;
AND THE BOARD being advised that 1207309 Ontario Inc., 690346 Ontario Inc. and
the Town have agreed to certain minor revisions to the zoning by"law and the conditions
of draft plan of condominium approval for MEC Vacant Land Condominium by now
identifying Block 1 as Lots 9 and 10;
THE BOARD ORDERS that the appeal with respect to the draft plan of condominium is
allowed and the draft plan of condominium as set out in Attachment "1" to the Decision
be replaced with the revised draft plan of condominium prepared by LGI Consulting
Engineers Inc., Project No. 0536, Drawing No. DP-1, dated April 2, 2003 and revised on
January 10, 2006, which is attached hereto as Attachment "1" to this Order;
AND THE BOARD ORDER$ that the revised draft plan of condominium be approved
subject to revised conditions attached hereto as Attachment "2" to this Order and that
the revised conditions are to replace the conditions of draft plan of condominium
approval attached as Attachment "3" to the Decision;
AND THE BOARD FURTHER ORDERS that the appeal against By-law 2213-78, as
amended, of the Town of Aurora is allowed in part, and By-law 4543-04.D, a By-law to ·
amend By-law 2213-78 as set out in Attachment "2" to the Decision, is to be replaced by
revised By-law 4543-04.D in the manner attached hereto as Attachment "3" to this
Order;
AND THE BOARD FURTHER ORDERS 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 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 changes are required to be made to the draft
'
plan, the Board may be spoken to.
ACTING SECRETARY
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ATTACHMENT "2"
Conditions of Draft Plan Approval for Vacant Land Condominium
1207309 Ontario Inc. & 690346 Ontario Inc.
Part Lot 21, Concession 2, Town of Aurora
Town of Aurora File No. D07·03·03·A
General
1. Approval shall relate to Draft Plan of Condominium D07-03-03-A
prepared by LGI Consulting Engineers Inc., dated April 2, 2003 and
revised January 10, 2006, Drwg No. DP-1, Project 0536.:
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
will be registered by the Town of Aurora against the lands to which it
applies, as provided for in the Planning Act.
Official Plan/Zoning
3. Deleted.
4. The private road allowance(s) Included within the Draft Plan of
Condominium shall be named to the satisfaction of the Town of Aurora
and the Regional Planning Department.
Utilities
5. Prior to final approval, the Owner shall make arrangements sati$factory
to the Director of Public Works, Town of Aurora and the various utility
service providers for the design, installation and use of all utilities
required for the condominium, including gas, cable T.V., telephone and
electrical service, including any easement requirements.
6. The Owner shall agree in the Condominium Agreement to:
a) Consult with Canada Post to determine suitable locations for the
placement of Community Mailboxes and to indicate these locations
on appropriate servicing plans.
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b) Place a 'Display Map' on the wall of the. sales office in a place
readily available to the public that indicates the locations of all
Canada Post Community Mailbox site locations, as approved by
Canada Post and the Town of Aurora. ,_)
7.
8.
9.
10.
11.
c) To include in all offers of purchase and sale, a statement which
· advises the prospective purchaser that mail delivery will be from a
designated Community Mailbox and to include the exact location
(list of lot numbers) of each of these Community Mailbox locations.
d) Provide the following for each Community Mailbox site and include
these requirements on appropriate servicing plans:
• An appropriately sized sidewalk section (or concrete pad) as
per Canada Post specifications to place the Community
Mailboxes( s );
• Any required walkway across the boulevard, ·per municipal
standards;
• Any required curb depressions for wheelchair access.
e) To determine and provide a suitable temporary Community Mailbox
location to be used until the permanent site location(s) are
completed.
Hydro electric service for the lands within this Draft Plan of
Condominium shall be constructed to the satisfaction of Aurora Hydro-
Powerstream Connections Limited, and the Owner will be responsible
for entering into an Ele.ctrical Plant Agreement with Aurora Hydro
Connections Limited for the supply and installation of the . electrical
services in the condominium.
The Owner must install adequate temporary protection around the
above ground electrical plant to the approval of Aurora Hydro-
Powerstream prior to application for building permit and/or construction
undertaken by any builder and further agrees to provide certification
from the engineer or architect that said protection is in place.
The Owner is. responsible for all costs involving the engineering,
installation and connection of the proposed electrical plant for the Draft
Plan of Condominium.
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.
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 of Aurora.
12. The Owner shall enter into 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.
Parkland
13. The Owner shall agree in the Condominium Agreement to provide
parkland, or cash-in-lieu of parkland to the Town of Aurora, in
accordance with the Town of Aurora's Cash-in-lieu of Parkland Policy
dated June 19,2001 and By-law4291~01.F.
Vegetation Preservation and Landscaping
14. The Owner shall agree in the Condominium Agreementto prepare and
implement a Vegetation Assessment and Preservation Plan for Unit
#10. The Plan shall include a detailed vegetation inventory, impact
assessment, protection measures and maintenance specifications for
preserved vegetation, and vegetation removals if required. The Plan
shall also include restoration plantings as compensation for all
vegetation removed.
15. The Owner shall agree in the Condominium Agreement to install tree
protection fencing for all preserved vegetation prior to commencement
of topsoil removal, grading or construction activities on the lands in
accordance with the . approved . Vegetation Assessment and
Preservation Plan. The OWner further agrees not to remove any trees
within the Plan of Condominium without the prior written approval of
the Director of Leisure Services.
16. The Owner shall agree in the Condominium Agreement to prepare
landscape design plans and implement landscape works on-site for
street tree plantings on an private road allowances within the Plan in
accordance with the Town's Landscaping and Servicing Standards
Manual and to the satisfaction of the Director of Leisure Services.
17. The Owner shall agree in the Condominium Agreement to prepare
landscape design plans and implemenflandscape works on-site for the
storm water management facility on Block 1 in accordance with the
latest MOE design manual and the Town's Landscape Standards
Policy.
18. The Owners shall agree in the Condominium Agreement to provide
security in sufficient amounts based on the works associated wtth any
landscaping and vegetation preservation works to ensure performance
and compliance of the landscape works to the satisfaction of the Town
)
of Aurora.
Stormwater Management
19. The Owner shall agree in the Condominium Agreement to prepare and
to implement a Stormwater Management Plan which is acceptable to
the Town of Aurora, the Lake Simcoe Region Conservation Authority,
and if required, the Ministry of Natural Resources. The 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 Stormwater
Management Report shall be approved by the Town and any other
agency having jurisdiction.
20. Prior to final approval, the Owner shall make satisfactory arrangements
with the Town of Aurora and the Region of York relating to the
operation and maintenance of the storm sewer system 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 and the Region of York for all
costs incurred in satisfying the conditions(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 and the Region of York.
Servicing
21. Prior to final approval, the Owner shall prepare a capacity study of the
Town's water distribution system in this area, in order to determine if
this development can be serviced adequately.
22. Any 0.3 metre reserves required shall be conveyed to the Town of
Aurora at no cost and free of all encumbrances, to be held by the Town
until required for future purposes, or for the development of adjacent
lands, or to prohibit access at certain locations.
23. Prior to final approval, approvals shall be secured from other affected
agencies, including the Ministry of the Environment, Ministry of Natural
Resources (if applicable), Lake Simcoe Region Conservation Authority
and York Region.
24. Prior to final approval, the Director of Public Works, Town of Aurora
shall be satisfied with the Functional Servicing Report and Storrnwater
Management Report which is to be prepared by LGI Consulting
Engineers Inc.
.
25. Prior to final approval, the Owner shall prepare engineering design
drawings for the layout and construction of services for the subject
lands to the satisfaction of the Director of Public Works for the Town of
Aurora. 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 dimensions for any non-standard turning circles for
the review and approval of the Director of Public Works.
26. The Owner shall agree to submit plans acceptable to the Director of
Public Works detailing phasing,. if any,. of construction and
development, together with the means by which construction access to
the site or phase thereof, will be gained during the construction period.
The Owner shall further agree in the Condominium Agreement to
comply with the phasing plan and make all builders aware of such a
plan.
27. The Owner shall agree in the Condominium Agreement that
. :'COnstruction access to=the:;site-shall be :-approved-: by·ihe Director of
Public Works. Secondary access atall other approved locations shall
be controlled by means of a break~;~way or low overhead barrier as
approved by the Director of Public Works, and approved by the Region
of York, where applicable.
28. The Owner shall agree in the Condominium Agreement that all lots or
blocks 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 ~;~II drainage swales, · shall be graded, seeded and/or
sodded, and maintained to the satisfaction of the Director of Public
Works.
29. The Owner shall satisfy the Town that adequate provision has been
made to ensure that the lands and adjoining lands owned by the
Owner have access for vehicular, pedestrian, and servicing
requirements from time to time on, over and under the private
driveways identified as Adena Meadows Way and Touch Gold Lane
and Block 1, in common with others as identified on the draft plan.
30. Deleted
31. The Owner shall agree in the Condomini.um Agreementto design and
construct on Adena Meadows Way from Touch. Gold Lane
intersection to Wellington Street sanitary sewer connection as part
of the servicing works for the subject lands. The Owner shall agree
that the design of this sewer connection shall be completed prior to
final approval. Construction shall occur at the later of the following: 1)
upon issuance of the first building permit for this development and if
the East Hofland Trunk Sewer is already constructed, or 2) at such
time as the contract for the construction of the East Hofland Trunk
Sewer:JsJef-and -Provided the first building permit is issued for this
development.
32. The Owner shalf agree in the Condominium Agreement that no
building permits are to be issued until the internal and/or external
watermain networks are completed and all internal watermains are
connected to the existing Town of Aurora system unless other
arrangements satisfactory to the Town are in place.
The Owner shalf also agree that no building permit shalf be issued for
any lot or block until paved access is available to the affected lot
unless other arrangements satisfactory to the Town are in place.
Further, the Owner shalf agree that the Town shalf not issue any
building-permits for any--lot-or-bleek--~;~ntif---all--serviees---and---utifities
including roads, sewers and watermains have been constructed
across other lands, !'lxfemal to the site to the satisfaction of the
Director of Public Works and are fully operational unless other
arrangements satisfactory to the Town are in place.
33. Prior to final approval and prior to the execution of any Condominium
Agreement for the lands subject to this plan, the Owner shalf 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.
34. The Owner shalf -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, except as
noted in Conditions 20 and 35.
35.
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The Owner shall further acknowledge and agree that the Town shalf
not assume or be in anyway responsible for the said roads and
services in the future, and the Owner shalf 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, except as noted in Conditions~ and 35.
Prior to final approval, satisfactory arrangements shalf be made
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between the Town of Aurora anp the Owner with regard to the
servicing of this site with municipal services, and in particular with
regard to the watermain system that is to service the site.
36. The Owner shall-~n 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 are the ongoing responsibility of
the purchaser in their capacity as an owner of the Vacant Land
Condominium Corporation.
37. Prior to the commencement of construction the Owner shall make
arrangements satisfactory to the Fire Chief to provide adequate
emergency access at such location as may be deemed appropriate.
Noise Study
38. -'f4:le,=Owner oshan-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 Wellington Street on
the development and the impact of the nearby employment lands to
the north, east and west. ·
39. The Owner shall agree in the condominium agreement to carry our, or
cause to be. carried out the approved measures and recommendation
contained in the study. 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
40. Prior to final approval, the Owner shall demonstrate to the Town that
the Town's parking standards and parking policies, as adopted by
Council on November 10, 1999, have been complied with.
41. The Owner shall agree in the condominium agreement to implement
the recommendations and measures .contained in the Adena Meadows
Cqde. Design and construction of all residential dwelling ·units,
walkWays, landscaping and all other areas within eac;h Plan shall be
conducted in strict compliance with the code, unless otherwise
approved by the Town.
Site Resources
42. Prior to final approval, 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,-----" ---------- -
43. Prior to final approval, the Owner shall carry out an archaeological
assessment of the area within this Draft Plan of Condominium and
mitigate, through the preservation or resource removal and
documentation, all adverse impacts to any significant archaeological
resources found.
Development Charges
44. Prior to final approval, and if required by the Town, the Owner shall
enter into a front~ending agreement with the Town of Aurora, 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-1he means by-which--credits-will--be---given-to-the Owner.
Further the Owner shall agree in the Condominium Agreement to
comply with the Town's Development Charges By-law with respect to
timing of payments.
Lake Simcoe Region Conservation Authority
45. Prior to final approval and to any grading taking place on the site, a
Stormwater Management Report incorporating Enhanced Protection
(MOE, 2003) shall 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 1:1 00 year storm flood line
if applicable.
46. The Owner shall prepare, to the satisfaction of the Authority, a report
detailing the means whereby erosion and siltation will be minimized
and contained on the site both during and subsequent to the
construction period.
47. Deleted
48. The Owner shall obtain all necessary Authority permits.
49. Prior to final approval, 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.
50. The Owner shall agree in the condominium agreement to maintain all
erosion and siltation control devices in good repair during the
construction-period ina manner satisfactory to the Authority.'
Clearances
·51. Final approval for registration may be issued in phases provided
appropriate clearances are provided by circulated agencies. The
required clearances may relate to lands not located within the phase
sought to be registered.
52. The Town of Aurora Planning Department shall advise that Conditions
1, 2, 41, 42, 51, 53, and 54 have been satisfied,
53. The Town of Aurora Corporate Services Department ~;~hall advise that
Condition 4 has bee.n s~tisfied. ---------··-----____ .. _____ ~-----------·--· ------------------------·· ----···
54. The Town of Aurora Public Works Department shall advise that
Conditions 5, 10 to 12 inclusive, 19 to 36 inclusive, and 38 to 40
inclusive, have been satisfied.
55. The Town of Aurora Leisure Services Department shall advise that
Conditions 14 to 18 inclusive, and 39 have been satisfied. ·
56. The Town of Aurora Treasury Department shall advise that Conditions
13 and 44 has been satisfied.
57. The Lake Simcoe Region Conservation Authority shall advise that
Conditions 19, 23 and 45 to 50 inclusive have been satisfied.·
58. The Region of York shall advise that Condition 4, 20 and 30 have been
satisfied.
59. The Ministry of Citizenship, Culture and Recreation shall advise that
Condition 43 has been satisfied.
60. Aurora Hydro-Powerstream Connections Limited shall advise that
Conditions 7, 8, and 9 have been -satisfied.
61.' Canada Post Corporation shall advise that Condition 6 has been
satisfied.
62. Central York Fire Services shall advise that Condition 37 has been
satisfied.
63. The Town of Aurora Building Department shall advise that Condition
39 has been satisfied.
C:\Documents cand---Settings\snicolaides\Locaf Settings\ Temporary Internet
Files\OLK645\Vacant Land Condo conditions May06 rev.doc
ATTACHMENT "3"
(MEC Vacant Land Cond!))
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4543-04.0
BEING A BY-LAW to amend
By-law No. 2213-78
WHEREAS authority is given to The Ontario Municipal Board by Section 34 and Saotion 37
of the Planning Act to enact this By-law;
AND WHEREAS the Board, pursuantto its Decision/Order No.l4 5 ~sued on~er '9·, 2 00 4
hearing the appeal of 1207309 Ontario Inc. and 690346 Ontario lnc.,..tleams it adltlsable to·
enact an amendment to By-law Number2213-78, as amended. (O.MB Case No. ·PL040086)
NOW THEREFORE the Ontario Municipal Board HEREBY ENACTS as follows:
1. THATthe zoning category applying to the lands shown in shading on Schedule "A"
attached hereto and forming part of this By-law is hereby amended fTom "Rural (RU)
Zone" and "Rural General ((H}RU-6} Holding Exception Zone" to "First Density
Residential (R1-39} Exception Zone•, "Major Open Space (0.9} Exception Zcine",
and "Environmental Protection (EP-15} Exception Zone".·
2. THAT Secllon 10 is hereby amended by adding the following Secllon 10.41, "First
Density Residential ((H)R1-39} Holding Exception Zone•. ·
10.41.1 USES PERMITTED
-one detached dwelling per lot
-a home occupation In accordanCe with the provisions of
Sections 6.21 to 6.21.12
-separate dwelling unit within the building area of the main
dwelling unit as domestic help or nanny quarters
• entry gates and or structures
10.41.2 ZONE REQUIREMENTS
10.41.2.1 Lot Specifications
Lot Area (minimum}
Lot Frontage (minimum}
2,000 square metres.
20.0 metres
Notwithstanding the above, the minimum Lot Frontage for unil#10 as
Identified on the approved Draft Plan of Condominium shall be 13.0
metres.
1 0.41.2.1.1 Notwithstanding Secllon 3.69 for the purposes of this by-law 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.
1 0.41.2.1.2 Notwithstanding any provisions to the contrary tor the purposes of this
by-law where an application tor a building permit has been submitted
for a single detached dwelling, and associated accessory structures
and/or uses on two or more contiguous units under single title the
collecllve unit shall be considered to conslilule a lot and the yard
requirements and other provisions of the by-law shall be applied as If
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-2-
the units were one lot
__ _19,41.2.1,~ . N_o_!y.ljlh~tandina§~£1i~_?, 1~3 fortJ:le P':llp_~ oftllis b}'_-law, e street
or road shall mean a private street as astaboJShed on a registeied pl!iii ·
of condominium pursuant to the Condominium Act 1998.
1 0.41.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
Minimum Setback from Golf Course Water Feature
9.0 metres
9.0 metres
4.5 metres
9.0 metres
6.0metres
10.41.2.3 Building Specifications
Floor Area (minimum)
one (1) storey
two (2) storeys
Lot Coverage (maximum)
Height (main building)(maximum)
·--~-lnteriorGarage-L:ength (minimum)·-·
Interior Garage WKI!h (minimum)
279.0 square metres
279.0 square metres
35.0 percent
11.0 metres
6.ometres
2.9me1reS
1 0.41.2.3.1 Notwithstanding Section 6.28.1 (i) shall not apply for the purposes of
this by-law with the exception that the drlv~y width shall be a
maximum of 6.0 metres et the street line to the private right-of-way.
10.412.4 Parking
Notwithstanding the definHion co)'llained within Section 3;98 and the
provisions of Section 6.26.1.1, a minimum of three (3) parl<ing spaces
shall be provided, Of which a minimum of one (1) parking space shall
be provided within a prlve!e garage per unit, and a minimum of two {2)
parking spaces sliall be provided, either in tandem orsidf! by side, on
the driveway. · · ·
3. 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 wm take effect
from the day of passing thereof.
PURSUANT TO DECISION/ORDER NO. OF THE ONTARIO MUNICIPAL BOARD·
ISSUED ON , 200_1N BOARD CASE NO. PL-040086. .
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Part of Lot 20, Concession 2
THIS IS SCHEDULE"A"
TO BY-LAW NO. 4543-04.D
Approved by the Ontario Municipal
il·· FRORa "RIU" TO •o-s•~----
LANDS SUBJECT TO REZONING
FROM "(H) RU-6" TO "0-9"
LANDS SUBJECT TO REZONING
FROM "(H) RU-6" TO "R1-39"
RU
Board pursuantto Its Decision/
Order No.---.,--~-~
Issued on ______ ~ 200_.
----· -~~s,,~~~C~~~~ONING
~ LANDS s_ UBJECTTO REZ_ ONING
1;;;;;;;;;1 FROM "RU" TO "EP·16"
RU
0-13
R1-31
RU
SCHEDULE ''A" TO BY·LAW NO. 4543·04.0
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)
ATTACHMENT "3"
(MEC Vacant Land Condo)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4543-04.0
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 37
of the Planning Act to enact this By-law;
AND WHEREAS the Board, pursuantto Hs Decision/Order No.14 5 .~ssued onSe fi!p6RJb er • 9·, 2 0 0 4
hearing the appeal of 1207309 Ontario Inc. and 690346 Ontario lnc.,t!leems H advisable to
enact an amendment to By-law Number 2213-78, as amended. (QMB Case No. ·PL040086)
NOW THEREFORE the Ontario Municipal Board HEREBY ENACTS as follows:
1. THA Tthe zoning category applying to the lands shown in shading on Schedule • A'
attached hereto and forming part of this By-law is hereby amended from "Rural (RU)
Zone' and "Rural General ((H)RU-6) Holding Exception Zone" to "First DensHy
Residential (R1-39) Exception Zone•, "Major Open Space (0·9) Exception Zone',
and "Environmental Protection (EP-15) Exception Zone'.·
2. THAT Section 10 is hereby amended by adding the following Section 10.41, "First
Density Residential ((H)R1-39) Holding Exception Zone'.
10.41.1
10.41.2
10.41.2.1
USES PERMITTED
-one detached dwelling per lot
-a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12
separate dwelling unit within the building area of the main
dwelling unit as domestic help or nanny quarters
entry gates and or structures
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
2,000 square metres.
20.0 metres
Notwithstanding the above, the minimum Lot Frontage for unit #10 as
identified on the approved Draft Plan of Condominium shall be 13.0
metres.
1 0.41.2.1.1 Notwithstanding Section 3.69 for the purposes of this by-law a lot
shall be deemed to mean a whole of one unH fronting on a private
right-of-way as shown on a registered plan of condominium pursuant
to the Condominium Act 1998.
1 0.41.2.1.2 Notwithstanding any provisions to the contrary for the purposes of this
by-law where an application for a building permH has been submitted
for a single detached dwelling, and associated accessory structures
and/or uses on two or more contiguous units under single title the
collective unit shall be considered to constitute a lot and the yard
requirements and other provisions of the by-law shall be applied as if
..
-2-
the units were one lot
____ _:1_(),41.2. q . Notwithstanding Section 3.123 for the purposes ofthis by-law, a street
or road shilll meana'pilvatestreet as esiablisneil on a registered plan ..
of condominium pursuant to the Condominium Act 1998.
10.41.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
interior Side Yard (minimum)
Exterior Side Yard (minimum)
Minimum Setback from Golf Course Water Feature
9.0 metres
9.0 metres
4.5 metres
9.0 metres
6.0 metres
10.41.2.3 Building Specifications
Floor Area (minimum)
one (1) storey
two (2) storeys
lot Coverage (maximum)
Height (main building)(maximum)
Interior Garage-length (minimum)··-·
Interior Garage Width (minimum)
279.0 square metres
279.0 square metres
35.0 percent
11.0 metres
6,0 metres
2.9 metres
1 0.41.2.3.1 Notwithstanding 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 6.0 metres at the street line to the private right-of-way.
1 0.41.2.4 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.
3. 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 DECISIONJORDER NO. OF THE ONTARIO MUNICIPAL BOARD·
ISSUED ON , 200_1N BOARD CASE NO. PL-040086.
TOWN OF AURORA
THIS IS SCHEDULE "A"
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Part of Lot 20, Concession 2
TO BY-LAW NO. 4543-04.D
Approved by the Ontario Municipal
~~~)b\~J ~~~~.~~~~~c.~:~~r:zoNING
IJillTII
~
LANDS SUBJECT TO REZONING
FROM "(H) RU-6" TO "0·9"
LANDS SUBJECT TO REZONING
FROM "(H) RU-6" TO "R1-39"
RU
Board pursuant to Its Decislonf
Order No·----~-~
Issued on ______ ~ 200_.
a ~~~~,~~~~c~;?a;~ONING
r::=:3 LANDS SUBJECT TO REZONING
~ FROM "RU" TO "EP-15"
RU
0-13
R1-31
SCHEDULE "A" TO BY-LAW NO. 4543-04.0