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BYLAW - Amend Zoning By law 2213 78 (Timberlane) - 19960828 - 368495D(610645 Ontario Inc., Timberlane Tennis and Country Club) THE CORPORATION OF THE TOWN OF AURORA By-law Number 3684-96.D. BEING A BY-LAW to amend By-Law No. 22/3-78 WHEREAS it is deemed advisable to amend By-Law number 2213-78 NOW THEREFORE the Council, of the Corporation of the Town of Aurora enacts as follows: I) TIIA T the zoning category applying to the lands shown in dark outline on Schedule "A" attached hereto and forming part of this By-law is hereby amended from "Rural Residential (RR-2) Exception Zone" and "Major Open Space (0-4) Exception Zone" to "Row Dwelling Residential (H)R6-34 Exception Zone" and "Major Open Space (0-4) Exception Zone". 2) THAT Section 31.3.4 is hereby deleted and replaced with the following: 31.3.4.1 31.3.4.2 31.3.4.2.1 31.3.4.2.2 31.3.4.2.3 31.3.4.2.4 7. Uses Permitted Tennis club comprising the following: an indoor tennis and squash court building and clubhouse; 13 outdoor illuminated tennis courts; 4 outdoor non-illuminated tennis courts; swimming pool. Zone Requirements Lot Specifications Lot Area Lot Frontage (minimum) Siting Specifications Front Yard (minimum) East Side Yard (minimum) West Side Yard (minimum) Rear Yard (minimum) Building Specifications Floor Area (maximum) Lot Coverage (maximum) Height (maximum) 4.8 hectares 293 metres 48 metres 57 metres 40 metres 75 metres 5,500 square metres 10 percent 10 metres Parking: The minimum number of parking spaces shall be 127. 3) THAT Section 15 is hereby amended by adding the following as Section 15.38 "Row Dwelling Residential (H)R6-34 Exception Zone": 15.38.1 15.38.2 15.38.2.1 15.38.2.2 15.38.2.3 15.38.3 15.38.4 15.38.5 7. Uses Permitted - a maximum of 34 rowhouse units -private home day care Notwithstanding any provisions to the contrary, accessory buildings and structures shall not be permitted. Zone Requirements Lot Specifications Lot Area (minimum): Lot Frontage (minimum): Siting Specifications 3 .5 hectares . 17 metres In accordance with Section 15.2.2 with the exception that the minimum setback from the southerly and westerly lot line of a building or structure shall be 25 metres and the minimum unobstructed distance between unit clusters shall be 7 metres. Building Specifications In accordance with Section 15.2.3 with the exception of the following: Unit Floor Area (minimum) Dwelling Unit Width (minimum) Height (maximum) Lot Coverage (maximum) Landscaping Requirements 148 square metres 8 metres 8 metres 16.5 percent A landscaped strip of a minimum width of 20 metres exclusive of any buildings or structures and including a landscaped berm with a 3: 1 slope shall be provided along the southerly and westerly property boundary in accordance with Schedule "P" attached hereto and forming part of this By-law. A wood screen privacy fence shall be provided along the southerly and easterly property boundaries. Private Outdoor Living Area Notwithstanding the provisions of Sections 15.3.1.2 and 15.3.1.3, a private outdoor living area shall be provided having a width equal to the width of the dwelling unit and have a minimum depth (from the wall of the dwelling unit) of five (5) metres. A screen wall and/or fence with a minimum height of 1.83 metres and a maximum height of 2.0 metres shall be provided on either side of the private outdoor living area to a minimum depth of3.6 metres. All other provisions of Section 15.3 shall apply. General Notwithstanding the provisions of Section 15.4, no more than 4 units of row housing shall be attached in a continuous row. 15.38.6 Holding Prefix Notwithstanding the provisions of Section 15.38 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)R6-34 as shown on Schedule "A" attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses which existed on the date of passing of this by-law. Furthermore, no extension or enlargement of the uses which existed on the date of passing of this by-law shall occur, unless an amendment to this 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 Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands zoned (H)R6-34 or any part thereof, the Town of Aurora shall be satisfied that a site plan agreement has been executed between the owner of the lands and the Corporation of the Town of Aurora, that Official Plan Amendment No. 14 has received approval from the Ministry of Municipal Affairs and Housing, that the relevant provisions of the Official Plan, including Amendment No. 14, have been complied with and that servicing issues have been resolved to the satisfaction of the Town of Aurora. Upon removal of the "(H)" Holding prefix from the lands zoned (H)R6-34 pursuant to Section 36 of the Planning Act, R.S.O. 1990, or any successor thereto, the provisions applicable to the said lands shall be set out in Sections 15.38.1, 15.38.2, 15.38.3, 15.38.4 and 15.38.5. 4) 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. READ A FIRST AND SECOND TIME TIDS 29th DAY OF November, 1995. · READATIDRDTIMEANDFINALLYPASSEDTIDS 28th DAY OF August '1996. • ALLISON, MUNICIPAL CLERK 7. TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part of Lot 75, Concession 1 E.Y.S. THIS IS SCHEDULE "A" TO BY-LAW NO. 3684-96 PASSED THIS J.B DAY OF (} f 1996 • SUBJECT LANDS REZONED FROM 0-4 AND RR-2 TO 0-4 AND (H)R6-34 RU (H)R6-34 SCHEDULE "A" TO BY-LAW NO. 3684-96.0 7. TOWN OF AURORA THIS IS SCHEDULE "P" .TO BY-LAW NO. 3684-96. THE REGIONAL MUNICIPALITY OF YORK 22...._ AY LOCATION: Part of Lot 75, Concession 1 E.Y.S. CLE ~ ~ 0-4 25M 25M TOTAL SETBACK SCHEDULE "P" TO BY-LAW NO. 3684-96.0 Explanatory Note Re: Zoning By-law By-law 3684-96.D has the following purpose and effect: To amend By-Law No. 2213-78, the Zoning By-Law in effect in the Town of Aurora, to rezone the subject lands, being Part of Lot 75, Concession 1 E.Y.S., located on the south side of Vandorf Sideroad, east of Jarvis Avenue, comprising lands currently known as the Timberlane Tennis and Country Club from "Rural Residential (RR-2) Exception Zone" and "Major Open Space (0-4) Exception Zone", to "Row Dwelling Residential (H)R6-34 Exception Zone" and "Major Open Space _(0-4) Exception Zone". The purpose of the amendment is to permit the development of the lands for row house residential uses in addition to the existing tennis club use. · The (H)R6-34 Zone upon the removal of the "(H)" Holding prefix permits: • the development of a maximum of 34 dwelling units. • requires minimum setback from the southerly and westerly lot lines of 25 metres • requires a landscape strip of a minimum 20 metres which includes a landscaped berm with a 3:1 slope. Also, wood screen privacy fence is required along the southerly and easterly property boundary. Prior to development, the (H) prefix applied to the R6-34 zone must be removed which requires public notice but not further opportunity for appeal. The following conditions shall be completed to the satisfaction of the Town of Aurora prior to the passing of a by-law to remove the "(H)" Holding prefix : • approval of Official Plan Amendment No. 14 from the Ministry of Municipal Affairs and Housing. • conformity with Official Plan, including Amendment No. 14. • execution of a satisfactory site plan agreement between the owner of the lands and the Corporation of the Town of Aurora. • resolution of the servicing issues. The 0-4 Zone permits: • an indoor tennis and squash court building and clubhouse consisting of an area no greater than 5,500 square metres 13 outdoor illuminated tennis courts; 4 outdoor non- illuminated tennis courts and a swimming pool. • minimum parking of 127 spaces. 7. 7. LOCATION PLAN 77 75 'APli>RO~M.ATE L.Ut';;AIIUIV OF SUBJECT LAIVDS 74 73 Town of Aurora 100 John West Way Box No. 1000 Aurora, Ontario L4G 6)1 Tel: (905) 727-1375 AFFIDAVIT UNDER SECTION 34(22) OF THE PLANNING ACT (1990) I, Lawrence Allison, hereby certify that the notice for By-law #3684-96.D of the Corporation of the Town of Aurora, passed by the Council of the Corporation on the 28th day of August, 1996, was given on the lOth day of September, 1996, in the manner and form and to the persons prescribed by Ontario Regulation 404/83, as amended, made by the Lieutenant Governor-in- Council under subsection 18 of section 34 of The Planning Act (1990). I also certify that the 20 day objection period expired on 30th day of September, 1996, and to this date no notice of objection to the By-law has been filed by any person in the office of the Clerk. Dated this 2nd day of October, 1996. renee Allison, A.M.C.T. Municipal Clerk ~!.