BYLAW - Amend By law 2213 78 (Kelloryn Inns Aurora Inc.) - 19971015 - 387097DTown 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 #3870. 97D of the Corporation of
the Town of Aurora, passed by the Council of the Corporation on the 15th day of October, 1997,
was given on the 28th day of October, 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 17th day of November, 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 19th day of November, 1997.
E:\USERS\ADMIN\DEVELOP\D14-29.96F\AFFIDPAS
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3870-97.D
BEING A BY-LAW to amend
By-law No. 2213-78
WHEREAS it is deemed advisable to amend By-law number 2213-78.
Kelloryn Inns
NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows:
I) THAT 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 "Service
Commercial (C3) Zone (Urban)" and "Environmental Protection (E.P.) Zone" to
"Institutional Holding (H)I-11 Exception Zone" and "Environmental Protection (EP-5)
Exception Zone".
2) THAT Section 28 is hereby amended by adding the following as Section 28.10 "Institutional
(I-ll) Exception Zone".
28.10.1 Uses Permitted
- a retirement home with a maximum of 114 units
- a fitness centre, provided the floor area does not exceed 400 square metres
28.10.2 Zone Requirements
28.10.2.1 Lot Specifications
In accordance with Section 2~.2.1
28.10.2.2 Siting Specifications
In accordance with Section 28.2.2, with the exception that the minimum required
front yard shall be 9 metres and the minimum required side yards shall be 0.1 and
4.5 metres at the south and north respectively.
Notwithstanding the above and the provisions of Section 6.48, stairs, canopies
and patios may project into the required front yard.
28.10.2.3 Building Specifications
In accordance with Section 28.2.3
28.10.3 Parking
In accordance with Section 6.26 with the exception that the parking standard for
the retirement units shall be a minimum of 0.393 spaces per unit.
Notwithstanding any provisions to the contrary the parking for the retirement
units shall be located outside the floodplain.
28.10.4 Holding Prefix
Notwithstanding the provisions of Section 28.10 above, while the (H) Holding
prefix is in place, no person shall within the lands zoned (H)I -II on Schedule
"A" attached hereto, use any lot or erect 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
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By-law 3870-97 .D Page 2
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)I -11 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 and that the building will be sprinklered prior
to occupancy of the retirement units.
Upon removal of the (H) Holding prefix from the lands zoned (H)I -11 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 28.10.1 to
28.10.3.
3) No part of this Byelaw 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 24TH DAY OF SEPTEMBER, I997.
READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF OCTOBER, I997.
~·····-
L. ALL SON,
MUNICIPAL CLERK
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Part Lot 4, Plan 246
THIS IS SCHEDULE "A"
TO BY-LAW NO. 3870-97.
PASSED THI /f71fJAY
OF
SUBJECT LANDS REZONED FROM C3 AND E.P. TO (H)I-11 AND EP-5
EP --r-.-+---C3 2
1
SCHEDULE "A" TO BY-LAW NO. 3870-97.0
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By-law 3870-97.D Page 3
Explanatory Note
Re: Zoning By-law Number 3870-97.D
By-law 3870-97.D has the following purpose and effect:
To amend By-law 2213-78, the Zoning By-law in effect in the Town of Aurora to rezone the subject
lands, being Part Lot 4 Plan 246, municipally known as 15520 Yonge Street, from "Service
Commercial (C3) Zone (Urban)" and "Environmental Protection (E.P.) Zone" to "Institutional
Holding (H)I-11 Exception Zone" and "Environmental Protection (EP-5) Exception Zone". The ·
amendment is to permit the use of the lands for a retirement home with a maximum of 114 units and
a fitness centre with a maximum floor area of 400 square metres ( 4,300 square feet). The by-law
includes provisions that: recognize the siting of the existing building and parking within the
floodplain; permit encroachments of stairs, patios and a canopy in the front yard; and, establish a
parking standard for the retirement units and require that these spaces be located outside of the
floodplain.
The (H) prefix must be removed prior to the use of the building as a retirement home which requires
public notice but no further opportunity for third party appeal. The By-law provides that the holding
(H) prefix not be removed until a Site Plan Agreement has been executed and the Town is satisfied
that the building will be sprinklered. Prior to the removal of the (H) symbol the use of the lands is
restricted to those uses existing on the date of passage of the By-law.