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BYLAW - Amend By law 2213 78 (Bajohn St. Johns Sideroad) - 19971029 - 386697D-·--·· (Bajohn -St. John's Sideroad) THE CORPORATION OF THE TOWN OF AURORA By-law Number 3866-97.D BEING A BY-LAW to amend By-law No. 2213-78 WHEREAS it is deemed advisable to amend By-law number 2213-78. NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora ENACTS AS FOLLOWS: 1. THAT the zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law is hereby amended from "Estate Residential (ER) Zone" to "Detached Dwelling First Density Residential (H)R1-22 Holding Exception Zone'', "Detached Dwelling First Density Residential (R1-23) Exception Zone", "Detached Dwelling First Density Residential (Rl-24) Exception Zone", "Major Open Space (0) Zone" and "Major Open Space (0-12) Exception Zone", more particularly described on Schedule AA attached hereto and forming part of this by-law. 2. That Section 10 is hereby amended by adding the following as Section 10.24 "Detached Dwelling First Density Residential (R1-22) Exception Zone": 10.24 10.24.1 10.24.2 10.24.2.1 10.24.2.2 The lands shown zoned "Detached Dwelling First Density Residential (R1- 22) Exception Zone" on Schedule "A", and more particularly described on Schedule AA, shall be used in accordance with the following: Uses Permitted In accordance with Section 10.1 Zone Requirements Notwithstanding any provisions to the contrary, for the purposes of the R 1-22 Zone, St. John's Sideroad, or a reserve abutting St. John's Sideroad, shall be deemed to be the front lot line. Lot Specifications Lot Area (minimum) Lot Frontage (minimum) 2000.0 square metres 25.0 metres Notwithstanding any other provisions to the contrary, the minimum lot area calculation shall be based on the sum of the areas which are zoned R1-22 and 0-12 in each lot on Schedule AA. Siting Specifications Front Yard (minimum): -Main Building -Front Facing Garage -Side Facing Garage Rear Yard (minimum) Interior Side Yard (minimum) Exterior Side Yard (minimum) 16.5 metres 19.5 metres 16.5 metres 20.0 metres 4.5 metres 9.0 metres 10.24.2.3 10.24.3 - 2 - Notwithstanding the above or any provisions to the contrary, the minimum required setback from Parts 5, 6, 7, 8 and 32 as shown on Schedule AA, shall be 7.5 metres for the main building and 12.0 metres for a front or side facing garage. The provisions of Section 7 .1.1 shall not apply. Notwithstanding the siting requirements set out above, where an Rl-22 zone abuts an 0-12 zone, no part of any building, structure or use accessory thereto, including a patio or driveway, shall encroach upon the 0-12 zone. Accessory buildings and/or structures including swimming pools shall be permitted in the rear yard in accordance with the general provisions regulating such structures, provided the minimum required setback be calculated from the boundary between the Rl-22 and 0-12 zones as opposed to the rear lot line. Building Specifications Floor Area (minimum): -one ( 1) storey -two (2) storey Lot Coverage (maximum) Height (main building)( maximum) Holding Prefix 230.0 square metres 255.0 square metres 30.0 percent 8.0 metres Notwithstanding the provisions of Section 10.24 above, while the (H) Holding prefix is in place, no person shall within the lands zoned (H)Rl-22 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)Rl-22 or any part thereof, the Town of Aurora shall be satisfied that the conveyance oflands abutting the northern property line of the subject lands has occurred to the satisfaction of the Director of Planning. Upon removal of the (H) Holding prefix from the lands zoned (H)Rl-22 pursuant to Section 36 of the Planning Act, RSO 1990, or a successor thereto, the Provisions applicable to the said lands shall be as set out in Sections 10.24.1 to 10.24.2.3. 3. That Section 10 is hereby amended by adding the following as Section 10.25 "Detached Dwelling First Density Residential (Rl-23) Exception Zone": 10.25 The lands shown zoned "Detached Dwelling First Density Residential (Rl- 23) Exception Zone" on Schedule "A", and more particularly described on Schedule AA, shall be used in accordance with the following: 10.25.1 10.25.2 10.25.2.1 10.25.2.2 10.25.2.3 -3 - Uses Permitted In accordance with Section 10.1 Zone Requirements Notwithstanding any provisions to the contrary, for the purposes of the R 1-23 Zone, St. John's Sideroad, or a reserve abutting St. John's Sideroad, shall be deemed to be the front lot line. Lot Specifications Lot Area (minimum) Lot Frontage (minimum) 2000.0 square metres 25.0 metres Notwithstanding any other provisions to the contrary, the minimum lot area calculation shall be based on the sum of the areas which are zoned Rl-23 and 0-12 in each lot on Schedule AA. Siting Specifications Front Yard (minimum): -Main Building -Front Facing Garage -Side Facing Garage Rear Yard (minimum) Interior Side Yard (minimum) Exterior Side Yard (minimum) 9.0 metres 15.0 metres 9.0 metres 20.0 metres 4.5 metres 9.0 metres Notwithstanding the above or any provisions to the contrary, the minimum required setback from Parts 36 and 44 as shown on Schedule AA, shall be 7.5 metres for the main building and 12.0 metres for a front or side facing garage. The provisions of Section 7 .1.1 shall not apply. Notwithstanding the siting requirements set out above, where an Rl-23 zone abuts an 0-12 zone, no part of any building, structure or use accessory thereto, including a patio or driveway, shall encroach upon the 0-12 zone. Accessory buildings and/or structures including swimming pools shall be permitted in the rear yard in accordance with the general provisions regulating such structures, provided the minimum required setback be calculated from the boundary between the Rl-23 and 0-12 zones as opposed to the rear lot line. Building Specifications Floor Area (minimum): -one ( 1) storey -two (2) storey Lot Coverage (maximum) Height (main building)( maximum) 230.0 square metres 255.0 square metres 30.0 percent 8.0 metres 4. That Section 10 is hereby amended by adding the following as Section 10.26 "Detached Dwelling First Density Residential (Rl-24) Exception Zone": 10.26 10.26.1 10.26.2 10.26.2.1 10.26.2.2 10.26.2.3 -4 - The lands shown zoned "Detached Dwelling First Density Residential (Rl- 24) Exception Zone" on Schedule "A", and more particularly described on Schedule AA, shall be used in accordance with the following: Uses Permitted In accordance with Section 10.1 Zone Requirements Notwithstanding any provisions to the contrary, for the purposes of the Rl-24 Zone, St. John's Sideroad, or a reserve abutting St. John's Sideroad, shall be deemed to be the front lot line. Lot Specifications Lot Area (minimum) Lot Frontage (minimum) 2000.0 square metres 25.0 metres Notwithstanding any other provisions to the contrary, the minimum lot area calculation shall be based on the sum of the areas which are zoned Rl-24 and 0-12 in each lot on Schedule AA. Siting Specifications Front Yard (minimum): -Main Building -Front Facing Garage -Side Facing Garage Rear Yard (minimum) -one storey -two storey Interior Side Yard (minimum) 15.0 metres 19.5 metres 15.0 metres 20.0 metres 22.0 metres 4.5 metres Notwithstanding the above or any provisions to the contrary, the minimum required setback from Parts 37, 40 and 42, as shown on Schedule AA, shall be 7.5 metres for the main building and 12.0 metres for a front or side facing garage. The provisions of Section 7.1.1 shall not apply. Notwithstanding the siting requirements set out above, where an Rl-24 zone abuts an 0-12 zone, no part of any building, structure or use accessory thereto, including a patio or driveway, shall encroach upon the 0-12 zone. Accessory buildings and/or structures including swimming pools shall be permitted in the rear yard in accordance with the general provisions regulating such structures, provided the minimum required setback from the rear lot line be calculated from the boundary between the Rl-24 and 0-12 zones as opposed to the rear lot line. Building Specifications Floor Area (minimum): -one ( 1) storey -two (2) storey Lot Coverage (maximum) 230.0 square metres 255.0 sqliare metres 30.0 percent 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 #3866-97.D of the Corporation of the Town of Aurora, passed by the Council of the Corporation on the 29th day of October, 1997, was given on the 11th day of November, 1997, in the manner and form and to the persons prescribed by Ontario Regulation 199/96, 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 appeal period expired on the 1st day of December, 1997, and to this date no notice of appeal of the By-law has been filed by any person in the office of the Clerk. Dated this 3rd day of December, 1997. Lawrence Allison, A.M.C.T. Municipal Clerk E:\USERS\AD:M1N\DEVELOP\Dl4-03.96\AFHDPAS - 5 - Height (main building)(maximum) 8.0 metres 5. That Section 31 is hereby amended by adding the following as Section 31.9 "Major Open Space (0-12) Exception Zone": 31.9 The lands shown zoned "Major Open Space (0-12) Exception Zone"on Schedule "A", and more particularly described on Schedule AA, shall be used in accordance with the following: 31.9.1 Uses Permitted 31.9.2 -conservation -wildlife area Zone Requirements No buildings or structures shall be erected, whether or not ancillary to the uses permitted, and the lands shall be maintained in their natural state. 6. 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 THIS lOTH DAY OF SEPTEMBER, 1997. READ A THIRD TIME AND FINALLY PASSED THIS 29TH DAY OF OCTOBER, 1997. L. A . LISON, MUNICIPAL CLERK TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lots 76, 77, 78 and 79, and Part of Lot 78, and Part of Block 87 and 88,Registered Plan 65M-2781, and Part of Lots 85 and 86, Concession W.Y.S. THIS IS SCHEDULE "A" TO BY-LAW NO. 3866-97 PASSED THIS rfl.._ DAY SUBJECT LANDS REZONED FROMER TO (H)R1-22, R1-23, R1-24, 0 AND 0-12 1-· Iii --......... "' t= i:\ aJ, \ ST. JOHN'S SIDEROAO SCHEDULE "A" TO BY-LAW NO. 3866-97.0 I "®- ! TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lots 76, 77, 78 and 79, and Part of Lot 78, and Part of Block 87 and 88,Registered Plan 65M-2781, and Part of Lots 85 and 86, Concession W.Y.S. ST. JOHN'S SIDEROAD THIS IS SCHEDULE "A A TO BY-LAW NO. 3866-97. PASSED THI r;t:L DAY f ~(;:: ~~ '".!':: ,r;'j'~M~~-~:..;;·-~~.J.:.::·•:M:,.'';_,., __ .,......"!'i.-1':,:i;IJ~::.·_;~;"· ~~:;:·jt!iA~~f~:,~~ ~~--~.-,-, -:--:~--:;-=--------~~~~. -~-----.-,:~----------- P.utrl68 PA-;T7 ., P.utrfe : • -~~-':. '•= :--~""="'-. 1 ~ '!lo saar Pl~T 17 PAIIT H P.UU 55 ;f 'j i>AAT U PM!. II l qtMT 14 ! '-· fo< .. ·--- PART 11 """·' 12 PAIIII 14 ,. .. , '' """' t1 P.o.RI ze "'" " '" LOT ;6 , .. (Of Jl (Of J:J LOf 1J ST. JOHN'S SIDEROAD SCHEDULE "A A" TO BY-LAW NO. 3866-97.0 - 6 - Explanatory Note Re: Zoning By-law 3866-97.D By-law 3 866-97 .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 a portion of the subject lands, being Lots 76, 77, 78 and 79, and Part of Lot 78, and Part of Block 87 and 88, Registered Plan 65M-2781, and Part of Lots 85 and 86, Concession 1 W.Y.S. located on the south side of St. John's Sideroad West at Bathurst Street, from "Estate Residential (ER) Zone" to "Detached Dwelling First Density Residential (H)Rl-22 Holding Exception Zone", "Detached Dwelling First Density Residential (Rl-23) Exception Zone", "Detached Dwelling First Density Residential (RI-24) Exception Zone", "Major Open Space (0) Zone" and "Major Open Space (0-12) Exception Zone". The purpose of the amendment is to permit the development of the existing four estate residential lots for eleven detached residential lots. Site specific provisions have been established for lot, siting and building specifications in order to regulate the building envelope, and to ensure adequate setbacks from both the front and rear yard property lines. An existing storm water management facility ("0" Zone) is to be conveyed to the municipality while the "0-12" applies to a vegetative buffer strip to be located along the southern property line of most of the lands.