Loading...
BYLAW - ZBA Edenbrook Aurora Inc - 20140909 - 565914THE CORPORATION OF THE TOWN OFAURORA By-law Number 5659-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (Edenbrook (Aurora) Inc.). 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 ENACTS AS FOLLOWS: 1. THAT the Zoning By-law be and is hereby amended to replace the 'Rural General (RU) Zone" zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law with "Detached Dwelling First Density (R145) Exception Zone", "Detached Dwelling Second Density Residential Holding ((H)R2-72) Exception Zone", "Detached Dwelling Second Density (R2-100) Exception Zone", "Environmental Protection (EP-15) Exception Zone", "Environmental Protection (EP-18) Exception Zone", and 'Rural General (RU-12) Exception Zone". 2. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 10.47 DETACHED DWELLING FIRST DENSITY RESIDENTIAL (R1-45) EXCEPTION ZONE 10.47.1 Uses Permitted In accordance with Section 10.1 hereof. 10.47.2 Zone Requirements 10.47.2.1 Lot Specifications Lot Area (minimum) 1,400.0 square metres Lot Frontage (minimum) 21.0 metres 10.47.2.2 Siting Specifications Front Yard (minimum) 20.0 metres Rear Yard (minimum) 7.5 metres Interior Side Yard, west side (minimum) 1.5 metres Interior Side Yard, east side (minimum) 4.5 metres 10.47.2.3 Building Specifications In accordance with Section 10.2.3 hereof." 3. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 11.102 DETACHED DWELLING SECOND DENSITY RESIDENTIAL (R2-100) EXCEPTION ZONE By-law Number 5659-14 Page 2 of 5 11.102.1 11.102.2 11.102.2.1 11.102.2.2 Uses Permitted - one detached dwelling per lot - a home occupation in accordance with the provisions of Sections 6.21 to 6.21.12, excluding a teaching and musical instruction studio. Zone Requirements Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Siting Specifications Front Yard (minimum) - Main Building Rear Yard (minimum) Interior Side Yard (minimum) - one side - other side Exterior Side Yard (minimum) - Main Building - Garage accessed over a flankage lot line 315.0 square metres 11.7 metres 4.5 metres 6.0 metres 1.2 metres 0.6 metres 3.0 metres 6.0 metres 11.102.2.2.1 Notwithstanding any provisions to the contrary, the minimum required distance separation between the walls of any two detached dwellings shall be 1.2 metres. Where the distance between the walls of two detached dwellings is less than 3.0 metres, no window below grade or door below grade is permitted in any such wall. 11.102.2.2.2 Notwithstanding any other provisions to the contrary, the habitable ground floor front wall or porch face shall be either flush with or project in front of the garage. 11.102.2.2.3 Notwithstanding any other provisions to the contrary, on a multi- storey dwelling, that portion of the front wall of the main building located above an attached garage, for no less than 60% of the garage width, shall not be set back more than 2.5 metres from the front wall of the garage. 11.102.2.2.4 Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle has been conveyed to a public authority, the flankage lot line and the front lot line shall be deemed to be the continued projection of the flankage lot line and the front lot line to a point of intersection, for the purposes of calculating the required minimum front yard, and the required minimum exterior side yard requirements. Notwithstanding the provisions above, and any other provisions to the contrary, no building or structure shall be permitted to encroach within the daylighting triangle. 11.102.2.2.5 Notwithstanding the provisions of Section 6.2.6.i), central air conditioners and heat pumps shall be permitted in the rear yard subject to a minimum setback of 4.5 metres from the rear lot line. 11.102.2.2.6 Notwithstanding the definition contained within Section 3.124, on a corner lot where a 0.3 metre reserve abuts a street, the exterior side yard shall be deemed to include the 0.3 metre By-law Number 5659-14 Page 3 of 5 reserve for the purpose of calculating the minimum exterior side yard requirements. 11.102.2.2.7 Notwithstanding the provisions of Section 6.48.1, open -sided one and two storey roofed porches and balconies, with or without foundation, may project 2.0 metres into the required front yard or the required exterior side yard, provided that no part of the porch, including eaves, is located closer than 2.0 metres to the lot line. Steps may encroach into the required front yard or the required exterior side yard provided they are not located any closer than 1.0 metre to the lot line. 11.102.2.2.8 Notwithstanding the provisions of Section 11.102.2.2, where a lot abuts a Regional Road, the exterior side yard for the building (main) and the garage shall be a minimum of 6.0 metres. 11.102.2.3 Building Specifications Lot coverage (maximum) 45.0 percent Height (main building) (maximum) 11.0 metres Interior Garage Length (minimum) 6.0 metres Interior Garage Width (minimum) 2.9 metres Interior Garage Width (maximum) 6.0 metres Floor Area (minimum) 110.0 square metres 11.102.2.4 Parking Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.1, a minimum of three (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, including that portion of the driveway that extends beyond the lot line. 11.102.2.5 Garage Setback Notwithstanding the provisions of Section 6.26, the following minimum garage setbacks shall apply: Garage Setback (minimum) - garage accessed by a single driveway intersected by a sidewalk 9.25 metres - garage accessed by a single driveway not intersected by a sidewalk 6.0 metres - garage accessed by a double driveway either intersected by a sidewalk or not intersected by a sidewalk 6.0 metres Notwithstanding any other provisions to the contrary, a single driveway shall be defined as a driveway less than 5.4 metres in width, and a double driveway shall be defined as a driveway between 5.4 metres and 6.0 metres in width. The provisions of Section 6.28.1.i shall also apply." 4. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 29.4.15 RURAL GENERAL (RU-12) EXCEPTION ZONE 29.4.16.1 Uses Permitted By-law Number 5659-14 Page 4 of 5 In accordance with Section 29.1 hereof. 29.4.15.2 Zone Requirements 29.4.15.2.1 Lot Specifications In accordance with Section 29.2.1 hereof, except as follows: Lot Area (minimum) 2,300.0 square metres Lot Frontage (minimum) 67.5 metres 29.4.15.2.2 Siting Specifications In accordance with Section 29.2.2 hereof. 29.4.15.2.3 Building Specifications In accordance with Section 29.2.3 hereof." 5. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 30.3.19 ENVIRONMENTAL PROTECTION (EP-18) EXCEPTION ZONE 30.3.19.1 Uses Permitted - the existing driveway 30.3.19.2 Zone Requirements No buildings or structures except as may be permitted by Section 30.3.19.1 shall be erected in this zone whether or not accessory or ancillary to the uses permitted." 6. 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 9th DAY OF SEPTEMBER, 2014. READ A THIRD TIME AND FINALLY PASSED THIS 9`h DAY OF SEPTEMBER, 2014. �!'� I��: A roved as to farm Yy egalSmvkea X_ SV4W_ C fiber S Pol`f By-law Number 5659-14 Page 5 of 5 Explanatory Note Re: Zoning By-law Number 5659 -14 By-law Number 5659-14 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 'Rural General (RU) Zone" to "Detached Dwelling First Density (R1-45) Exception Zone", "Detached Dwelling Second Density Residential Holding ((H)R2-72) Exception Zone", "Detached Dwelling Second Density (R2-100) Exception Zone", "Environmental Protection (EP-15) Exception Zone", "Environmental Protection (EP-18) Exception Zone", and 'Rural General (RU-12) Exception Zone". The rezoning will permit a draft plan of subdivision with a total of thirty-three (33) residential lots consisting of single detached dwelling lots; ten (10) future residential blocks; a future development block; a natural heritage system; and a walkway. Holding provisions apply to the lands and shall be lifted upon satisfying the terms of the holding provisions as identified in this By-law. Schedule "A" To By -Law Number 5659-14 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part of Lot 25, Concession 2 as in R201692 Except Parts 5, 6, 7 65R28793; Town of Aurora PIN 03642-1663 (LT) LANDS REZONED FROM "RURAL GENERAL (RU) ZONE" TO "DETACHED DWELLING FIRST DENSITY (R1-45) EXCEPTION ZONE", "DETACHED DWELLING SECOND DENSITY RESIDENTIAL HOLDING ((H)R2-72) EXCEPTION ZONE", "DETACHED DWELLING SECOND DENSITY (R2-100) EXCEPTION ZONE", "ENVIRONMENTAL PROTECTION (EP-15) EXCEPTION ZONE", "ENVIRONMENTAL PROTECTION (EP-18) EXCEPTION ZONE", AND "RURAL GENERAL (RU-12) EXCEPTION ZONE". ST. JOHN'S SIDEROAD E