BYLAW - ZBA The Alpen House Holding Limited - 20140225 - 558614THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5586-14
BEING A BY-LAW to
amend Zoning By-law
Number 2213-78, as
amended (The Alpen
House Holding Limited,
File D14-10-12).
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:
THAT the Zoning By-law be and is hereby amended to replace the "Oak
Ridges Moraine Rural General (RU-3-ORM) Exception Zone" zoning category
applying to the lands shown in hatching on Schedule "A" attached hereto and
forming part of this By-law with the following categories: "Environmental
Protection (EP-17) Exception Zone", "Major Open Space Holding (H) (0-20)
Exception Zone", and "Major Open Space (0-21) Exception Zone".
2. THAT the Zoning By-law be and is hereby amended to add the following to
Section 30 — Environmental Protection (EP) Zone:
"SECTION 30.3.18 ENVIRONMENTAL PROTECTION (EP-17) EXCEPTION
ZONE
30.3.18.1 Uses Permitted
Notwithstanding any provisions to the contrary in Section
30.1, the lands zoned EP-17 shall only be used for the
following:
- conservation;
- forestry;
- low -intensity recreational uses as per the Oak Ridges
Moraine Conservation Plan definition (except for
unserviced camping on public or institutional land);
- wildlife areas; and
- small-scale structures accessory to low -intensity
recreational uses.
30.3.18.2 Special Provisions
30.3.18.2.1 Notwithstanding the definition of "Lot", the lands zoned
EP-17, 0-20, and 0-21 shall together be considered one
lot for the purposes of zoning compliance.
30.3.18.2.2 Notwithstanding the provisions of Sections 34.4.1 i) and
34.4.2 i), the net developable area of the lands zoned EP-
17, 0-20, and 0-21 that is disturbed shall not exceed 35%
of the total EP-17, 0-20, and 0-21 site area.
30.3.18.2.3 The provisions of Section 34.4.3 i) shall not apply to the
lands zoned EP-17.
By-law Number 5586-14
Page 2 of 5
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30.3.18.2.3 Notwithstanding provisions of Section 6.26, the minimum
required number of parking spaces for all uses on the
lands zoned EP-17, 0-20, and 0-21 shall together be as
follows:
Type of Use Minimum Parking Required
athletic fields: 30 spaces per field
buildings: 1 space for each forty (40) square
metres of gross floor area."
THAT the Zoning By-law be and is hereby amended to add the following to
Section 31 — Major Open Space (0) Zone:
"SECTION 31.17 MAJOR OPEN SPACE (0-20) EXCEPTION ZONE
31.17.1 Uses Permitted
Notwithstanding any provisions to the contrary in Section
31.1, the lands zoned 0-20 shall only be used for:
- agriculture;
- conservation;
- forestry;
- horticultural nurseries;
- wildlife areas;
- parks, public and private;
uses accessory to parks, public and private, including
but not limited to:
- athletic fields;
- farmer's market;
- place of entertainment;
- recreation; and
- stormwater management facilities;
- environmental learning and education centre; and
- uses accessory to an environmental learning and
education centre, including but not limited to:
- day care centre;
- meeting space;
- offices;
- restaurants; and
- retail store
31.17.2 Zone Requirements
31.17.2.1 Lot Specifications
In accordance with the provisions of Section 31.2,1.
31.17.2.2 Siting Specifications
In accordance with the provisions of Section 31.2.2.
31.17.2.3 Building Specifications
Notwithstanding any provisions to the contrary, the
following shall apply:
Lot Coverage (maximum) 5%
Height (maximum) 15 metres
31.17.3 Holding Prefix/Symbol (H)
By-law Number 5586-14 Page 3 of 5
In
Notwithstanding the provisions of Section 31.17, while the
'H" Holding symbol is in place, no person shall, within the
lands zoned (H)O-20, 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 5586-14. Furthermore, no extension or
enlargement of the uses which existed on the date of the
passing of By-law. Number 5586-14 shall occur, unless an
amendment to By-law Number 5586-14 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)O-20, or any part thereof,
the Town of Aurora shall be satisfied that the following
conditions shall be complied with:
i) a site plan agreement and other agreement(s)
concerning the development of the lands have been
approved by the Council of The Corporation of the
Town of Aurora;
a permit has been obtained from the Lake Simcoe
Region Conservation Authority in accordance with
Ontario Regulation 179/06, as amended; and
iii) the provisions of the Endangered Species Act, 2007,
S.O. 2007, c. 6 have been fulfilled to the satisfaction
of the Ministry of Natural Resources.
31.17.4 Special Provisions
31.17.4.1 Notwithstanding the definition of "Lot", the lands zoned
EP-17, 0-20, and 0-21 shall together be considered one
lot for the purposes of zoning compliance.
31.17.4.2 Notwithstanding the provisions of Section 34.4.1 i) and
34.4.2 i), the net developable area of the lands zoned EP-
17, 0-20, and 0-21 that is disturbed shall not exceed 35%
of the total EP-17, 0-20, and 0-21 site area.
31.17.4.3 The provisions of Section 34.4.3 i) shall not apply to the
lands zoned 0-20.
31.17.4.4 Notwithstanding the provisions of Section 6.26, the
minimum required number of parking spaces for all uses
on lands zoned EP-17, 0-20, and 0-21 shall together be
as follows:
Type of Use Minimum Parking Required
athletic fields: 30 spaces per field
buildings: 1 space for each forty (40) square
metres of gross floor area."
THAT the Zoning By-law be and is hereby amended to add the following to
Section 31 — Major Open Space (0) Zone:
"SECTION 31.18 MAJOR OPEN SPACE (0-21) EXCEPTION ZONE
31.18.1 Uses Permitted
By-law Number 5586-14 Page 4 of 5
Notwithstanding any provisions to the contrary in Section
31.1, the lands zoned 0-21 shall only be used for:
- agriculture;
- conservation;
- forestry;
- horticultural nurseries;
- wildlife areas;
- parks, public and private;
- uses accessory to parks, public and private, including
but not limited to:
- athletic fields;
- farmer's market;
- place of entertainment;
- recreation; and
- stormwater management facilities.
Save and except for any existing structures on the lands
as of the date of passing of By-law Number 5586-14, the
construction or erection of buildings or structures on lands
zoned 0-21 is not permitted.
31.18.2 Special Provisions
31.18.2.1 Notwithstanding the definition of "Lot", the lands zoned
EP-17, 0-20, and 0-21 shall together be considered one
lot for the purposes of zoning compliance.
31.18.2.2 Notwithstanding the provisions of Section 34.4.1 i) and
34.4.2 i), the net developable area of the lands zoned EP-
17, 0-20, and 0-21 that is disturbed shall not exceed 35%
of the total EP-17, 0-20, and 0-21 site area.
31.18.2.3 The provisions of Section 34.4.3 i) shall not apply to the
lands zoned 0-21.
31.18.2.4 Notwithstanding the provisions of Section 6.26, the
minimum required number of parking spaces for all uses
on lands zoned EP-17, 0-20, and 0-21 shall together be
as follows:
Type of Use Minimum Parking Required
athletic fields: 30 spaces per field
buildings: 1 space for each forty (40) square
metres of gross floor area."
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. R 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 25r" DAY OF FEBRUARY, 2014.
READ A
2014.
THIRD TIME AND FINALLY PASSED THIS 25r" DAY OF FEBRUARY,
Approved as to Form
By �'egal,S, erv'ic/es
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By-law Number 5586-14
Page 5 of 5
Explanatory Note
Re: Zoning By-law Number 5586-14
By-law Number 5586-14 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 "Oak Ridges Moraine Rural
General (RU-3-ORM) Exception Zone" to "Environmental Protection (EP-17)
Exception Zone", "Major Open Space Holding (H) (0-20) Exception Zone" and "Major
Open Space (0-21) Exception Zone".
The rezoning will permit an eco-park and associated uses that will serve as a natural
habitat for wildlife while providing educational and recreational opportunities.
Schedule "A" To By -Law Number 5586-14
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Part of Lots 17, 18 and 19 in Concession 2, designated as part of
Part 5 and 6 on Reference Plan 65R-26163, Town of Aurora (geographic
Township of Whitchurch), Regional Municipality of York. (PIN 03642-2641 (LT)
and 03642-2642 (LT) (14695 —14875 Bayview Avenue, Aurora, Ontario)
9
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LANDS REZONED FROM THE "OAK RIDGES MORAINE RURAL
GENERAL (RU-3-ORM) EXCEPTION ZONE" TO "ENVIRONMENTAL
PROTECTION (EP-17) EXCEPTION ZONE", "MAJOR OPEN SPACE
HOLDING (H) 0-20 EXCEPTION ZONE" AND "MAJOR OPEN SPACE
(0-21) EXCEPTION ZONE".
RU-3-ORM