BYLAW - ZBA York Region Christian Senior Homes File D14 13 11 - 20130625 - 552731THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5527-13
BEING
A BY-LAW to
amend
Zoning By-law
Number
2213-78, as
amended
(York Region
Christian
Senior Homes
Inc., File D14-13-11).
WHEREAS section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended,
provides that the councils of local municipalities may pass zoning by-laws;
AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town")
enacted By-law Number 2213-78, including amendments thereto (the "Zoning By-
law");
AND WHEREAS the Council of the Town deems it necessary and expedient to
further amend the Zoning By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT the Zoning By-law be and is hereby amended to replace the 'Rural
General (RU) Zone" category applying to the lands shown on Schedule "A"
attached hereto and forming part of this By-law with the following categories:
(a) 'Third Density Apartment Residential (RA3-13) Exception Zone";
(b) `Third Density Apartment Residential (RA3-14) Exception Zone";
(c) 'Third Density Apartment Residential (RA3-15) Exception Zone";
(d) "Institutional (1-27) Exception Zone";
(e) "Environmental Protection (EP-15) Exception Zone"; and
(f) "Major Open Space (0-9) Exception Zone".
2. THAT the Zoning By-law be and is hereby amended to add the following to
Section 18 - Third Density Apartment Residential (RA3) Zone:
(a) "SECTION 18.15 THIRD DENSITY APARTMENT RESIDENTIAL
(RA3-13) EXCEPTION ZONE
Notwithstanding the provisions of Section 18, the following provisions shall
apply:
18.15.1 Uses Permitted
- a minimum of 75 and a maximum of 160 apartment
dwelling units
- any accessory uses associated with senior citizen
living accommodations
By-law Number 5527-13
Page 2 of 11
18.16.2
18.15.2.1
18.15.2.2
18.15.2.3
18.15.2.4
Zone Requirements
Notwithstanding the provisions of Section 3.78, for the
lands zoned RA3-13, the northern lot line shall be
deemed to be the front lot line, the eastern and western
lot lines shall be deemed to be interior side lot lines, and
the southern lot line shall be deemed to be the rear lot
line.
Lot Specifications (minimum)
Lot Area 10, 000 square metres
Lot Frontage 13.0 metres
Siting Specifications (minimum)
Front Yard:
Rear Yard:
Interior Side Yard:
Minimum Distance Separation
between buildings:
Building Specifications
Lot Coverage (minimum):
Height:
- minimum
maximum
Amenity Area
4.5 metres
1.5 metres
3.0 metres
9.0 metres
24.0 percent
3 storeys
6 storeys or 20.0 metres
(whichever is less)
18.15.2.4.1 Notwithstanding the provisions of Section 7.2, a minimum
of 5 square metres per residential dwelling of amenity
area shall be provided through a combination of shared
indoor building amenities and/or private balconies.
18.15.2.4.2 Notwithstanding the provisions of Section 18.15.2.4.1,
amenity space shall be calculated cumulatively across
Zones (RA3-13), (RA3-14), (RA3-15) and (1-27).
18.15.2.5 Parking
18.15.2.5.1 Notwithstanding the provisions of Section 6.26, a
minimum of 1 parking space plus 0.2 visitor's parking
spaces per unit shall be provided per apartment dwelling
units.
18.15.2.5.2 Notwithstanding the provisions of Section 6.26, a
minimum of 0.35 parking spaces per nursing home bed
shall be provided.
18.15.2.5.3 Notwithstanding any provisions of Section 18.15.2.5 to
the contrary, a minimum of 80 percent of the total number
of required parking spaces shall be provided below
grade.
By-law Number 5527-13
Page 3 of 11
18.15.2.5.4
18.15.3
(b) "SECTION 18.16
Notwithstanding the provisions of Section 18.15.2.5
above, parking shall be calculated cumulatively across
Zones (RA3-13), (RA3-14), (RA3-15) and (1-27).
Holding Prefix Symbol (H)
Notwithstanding the provisions of Section 18.15, while
the "H" Holding symbol is in place, no person shall, within
the lands zoned (H)RA3-13, on Schedule "A" attached
hereto, use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5527-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5527-13 shall occur, unless an amendment
to By-law Number 5527-13 or the Zoning 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/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)RA3-13, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure;
or York Region has advised in writing that the
required infrastructure to support the capacity
assignment associated with this development will
be completed within a time period acceptable to
the Region to permit the plan registration, or the
Regional Commissioner of Environmental
Services has confirmed servicing allocation for this
development by a suitable alternative method and
the Town of Aurora has allocated the capacity to
this development;
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No. 73)."
THIRD DENSITY APARTMENT RESIDENTIAL
(RA3-14) EXCEPTION ZONE
Notwithstanding the provisions of Section 18, the following provisions shall
apply:
18.16.1 Uses Permitted
a minimum of 125 and a maximum of 160 apartment
dwelling units
any accessory uses associated with senior citizen
living accommodations
By-law Number 5527-13
Page 4 of 11
18.16.2
18.16.2.1
18.16.2.2
18.16.2.3
18.16.2.4
Zone Requirements
Notwithstanding the provisions of Section 3.78, for the
lands zoned RA3-13 the northern lot line shall be
deemed to be the front lot line, the eastern and western
lot lines shall be deemed to be interior side lot lines and
the southern lot line shall be deemed to be the rear lot
line.
Lot Specifications (minimum)
Lot Area 18, 000 square metres
Lot Frontage 150.0 metres
Siting Specifications (minimum)
Front Yard:
Rear Yard:
Interior Side Yard:
Minimum Distance Separation
between buildings:
Building Specifications
Lot Coverage (minimum):
Height:
minimum
maximum
Amenity Area
4.5 metres
1.5 metres
0.0 metres
9.0 metres
17.0 percent
3 storeys
6 storeys or 20.0 metres
(whichever is less)
18.16.2.4.1 Notwithstanding the provisions of Section 7.2, a minimum
of 5 square metres per residential dwelling of amenity
area shall be provided through a combination of shared
indoor building amenities and/or private balconies.
18.16.2.4.2 Notwithstanding the provisions of Section 18.16.2.4.1,
amenity space shall be calculated cumulatively across
Zones (RA3-13), (RA3-14), (RA3-15) and (1-27).
18.16.2.5 Parking
18.16.2.5.1 Notwithstanding the provisions of Section 6.26, a
minimum of 1 parking space plus 0.2 visitor's parking
spaces per unit shall be provided per apartment dwelling
units.
18.16.2.5.2 Notwithstanding the provisions of Section 6.26, a
minimum of 0.35 parking spaces per nursing home bed
shall be provided.
18.16.2.5.3 Notwithstanding any provisions of Section 18.16.2.5 to
the contrary, a minimum of 80 percent of the total number
of required parking spaces shall be provided below
grade.
By-law Number 5527-13
Page 5 of 11
18.16.2.5.4 Notwithstanding the provisions of Section 18.16.2.5
above, the parking shall be calculated cumulatively
across Zones (RA3-13), (RA3-14), (RA3-15) and (1-27).
18.16.3 Holding Prefix Symbol (H)
Notwithstanding the provisions of Section 18.16, while
the "H" Holding symbol is in place, no person shall, within
the lands zoned (H)RA3-14, on Schedule "A" attached
hereto, use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5527-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5527-13 shall occur, unless an amendment
to By-law Number 5527-13 or the Zoning 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/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)RA3-14, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
i) the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the
required infrastructure to support the capacity
assignment associated with this development will
be completed within a time period acceptable to
the Region to permit the plan registration, or the
Regional Commissioner of Environmental Services
has confirmed servicing allocation for this
development by a suitable alternative method and
the Town of Aurora has allocated the capacity to
this development;
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No. 73)."
(c) "SECTION 18.17 THIRD DENSITY APARTMENT RESIDENTIAL
(RA3-15) EXCEPTION ZONE
Notwithstanding the provisions of Section 18, the following provisions shall
apply:
18.17.1 Uses Permitted
a minimum of 100 and a maximum of 160 apartment
dwelling units
any accessory uses associated with senior citizen
living accommodations
By-law Number 5527-13
Page 6 of 11
18.17.2
18.17.2.1
18.17.2.2
18.17.2.3
18.17.2.4
Zone Requirements
Notwithstanding the provisions of Section 3.78, for the
lands zoned RA3-13 the northern lot line shall be
deemed to be the front lot line, the eastern and western
lot lines shall be deemed to be interior side lot lines and
the southern lot line shall be deemed to be the rear lot
line.
Lot Specifications (minimum)
Lot Area 10, 000 square metres
Lot Frontage 80.0 metres
Siting Specifications (minimum)
Front Yard:
Rear Yard:
Interior Side Yard:
Minimum Distance Separation
between buildings:
Building Specifications
Lot Coverage (minimum):
Height:
minimum
maximum
Amenity Area
4.5 metres
1.5 metres
3.0 metres
9.0 metres
25.0 percent
3 storeys
6 storeys or 20.0 metres
(whichever is less)
18.17.2.4.1 Notwithstanding the provisions of Section 7.2, a minimum
of 5 square metres per residential dwelling of amenity
area shall be provided through a combination of shared
indoor building amenities and/or private balconies.
18.17.2.4.2 Notwithstanding the provisions of Section 18.17.2.4.1,
amenity space shall be calculated cumulatively across
Zones (RA3-13), (RA3-14), (RA3-15) and (1-27).
18.17.2.5 Parking
18.17.2.5.1 Notwithstanding the provisions of Section 6.26, a
minimum of 1 parking space plus 0.2 visitor's parking
spaces per unit shall be provided per apartment dwelling
units.
18.17.2.5.2 Notwithstanding the provisions of Section 6.26, a
minimum of 0.35 parking spaces per nursing home bed
shall be provided.
18.17.2.5.3 Notwithstanding any provisions of Section 18.17.2.5 to
the contrary, a minimum of 80 percent of the total number
of required parking spaces shall be provided below
grade.
By-law Number 5527-13
Page 7 of 11
18.17.2.5.4 Notwithstanding the provisions of Section 18.17.2.5
above, parking shall be calculated cumulatively across
Zones (RA3-13), (RA3-14), (RA3-15) and (1-27).
18.17.3 Holding Prefix Symbol (H)
Notwithstanding the provisions of Section 18.17, while
the "H" Holding symbol is in place, no person shall, within
the lands zoned (H)RA3-15, on Schedule "A" attached
hereto, use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5527-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5527-13 shall occur, unless an amendment
to By-law Number 5527-13 or the Zoning 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/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)RA3-15, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the
required 'infrastructure to support the capacity
assignment associated with this development will
be completed within a time period acceptable to
the Region to permit the plan registration, or the
Regional Commissioner of Environmental Services
has confirmed servicing allocation for this
development by a suitable alternative method and
the Town of Aurora has allocated the capacity to
this development;
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No. 73)."
3. THAT the Zoning By-law be and is hereby amended to add the following to
Section 28 - Institutional (1) Zone:
"SECTION 28.26 INSTITUTIONAL (1-27) EXCEPTION ZONE"
Notwithstanding the provisions of Section 28, the following provisions shall
apply:
28.26.1 Uses Permitted
- long term care facility
By-law Number 5527-13
Page 8 of 11
- retirement home
28.26.1.1 A "long term care facility" is defined as a facility that
provides residential care for persons who qualify under a
government assistance program. The long term care
facility includes a common kitchen and dining room, or
more than one common kitchen and dining room; and
bedrooms, which may include bathrooms and kitchens.
28.26.1.2 A "retirement home" is defined as a premises used for
the accommodation primarily of retired persons or
couples where each private bedroom or living unit has a
separate private bathroom and separate entrance from a
common hall, but does not contain separate food
preparation facilities; and where common facilities for the
preparation and consumption of food are provided; and
where common lounges, recreation rooms, medical care
facilities, and ancillary administrative offices may be
provided.
28.26.2 Zone Requirements
Notwithstanding the provisions of Section 3.78, the
eastern lot line adjacent to Leslie Street shall be deemed
to be the front lot line.
28.26.2.1 Lot Specifications (minimum)
Lot Area 5,500 square metres
Lot Frontage 130 metres
28.26.2.2 Siting Specifications
Front Yard:
- minimum 1.5 metres
- maximum 5.0 metres
Rear Yard:
1.5 metres
Interior Side Yard:
1.5 metres
Exterior Side Yard:
3.0 metres
Minimum Distance Separation
between buildings: 9.0 metres
28.26.2.3 Building Specifications
Lot Coverage (minimum): 35 percent
Height:
- minimum 3 storeys
- maximum 6 storeys or 20.0 metres
(whichever is less)
28.26.2.4 Parking
28.26.2.4.1 Notwithstanding the provisions of Section 6.26, a
minimum of 1 parking space plus 0.2 visitor's parking
spaces per unit shall be provided per apartment dwelling
unit.
By-law Number 5527-13
Page 9 of 11
28.26.2.4.2 Notwithstanding the provisions of Section 6.26, a
minimum of 0.35 parking spaces per nursing home bed
shall be provided.
28.26.2.4.3 Notwithstanding any provisions to Section 28.26.4 to the
contrary, a minimum of 80 percent of the total number of
required parking spaces shall be provided below grade.
28.26.2.4.4 Notwithstanding any provisions to Section 26.26.2.4
above, parking shall be calculated cumulatively across
Zones (RA3-13), (RA3-14), (RA3-15) and (1-27).
28.26.3 Holding Prefix/Symbol (H)
Notwithstanding the provisions of Section 28.26, while the
"H" Holding symbol is in place, no person shall, within the
lands zoned (H)1-27, on Schedule "A" attached hereto,
use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5527-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5527-13 shall occur, unless an amendment
to By-law Number 5527-13 or the Zoning 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/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)1-27, or any part thereof,
the Town of Aurora shall be satisfied that the following
conditions shall be complied with:
i) the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the required
infrastructure to support the capacity assignment
associated with this development will be completed
within a time period acceptable to the Region to
permit the plan registration, or the Regional
Commissioner of Environmental Services has
confirmed servicing allocation for this development
by a suitable alternative method and the Town of
Aurora has allocated the capacity to this
development;
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No.73)."
4. THAT all other terms, provisions, and existing amendments of the Zoning By-
law remain the same.
By-law Number 5527-13
Page 10 of 11
5. THAT this By-law shall come into full force subject to compliance with the
provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, and
subject to compliance with such provisions, this By-law will take effect from
the date of final passage hereof.
READ A FIRST AND SECOND TIME THIS 25rH DAY OF DUNE, 2013.
READ A THIRD TIME AND FINALLY PASSED THIS 25rH DAY OF JUNE, 2013.
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JOHN/D/LEACH, TOWN CLERK
By-law Number 5527-13 Page 11 of 11
Explanatory Note
Re: Zoning By-law Number 5527-13
By-law Number 5527-13 has the following purpose and effect:
To amend By-law Number 2213-78, as amended, being the Zoning By-law in effect
in the Town of Aurora, to rezone the subject lands from 'Rural General (RU) Zone"
to:
(a) 'Third Density Apartment Residential (RA3-13) Exception Zone";
(b) 'Third Density Apartment Residential (RA3-14) Exception Zone";
(c) 'Third Density Apartment Residential (RA3-15) Exception Zone";
(d) 'Institutional (1-27) Exception Zone";
(e) "Environmental Protection (EP-15) Exception Zone"; and
(f) "Major Open Space (0-9) Exception Zone".
The rezoning will permit a draft plan of subdivision with a total of 400 units consisting
of apartment dwelling units and nursing homes. The holding symbol applying to the
lands shall be lifted upon satisfying the terms of the holding symbol as identified in
this By-law.
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