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BYLAW - Amending Zoning 219 Old Yonge Street - 2005 - 469305D Lips, Stefan and Mary The Corporation of the Town of Aurora By-law Number 4693-05.D BEING A BY-LAW to amend By- law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (219 Old Yonge Street, File: D14-06-02) WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended provides that the Council of a local Municipality may pass a Zoning By-law; AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-law 2213-78 being the Zoning By-law, as amended; AND WHEREAS the Council of the Corporation of the Town of Aurora deems it advisable to further amend By-law 2213-78, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY 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 “Environmental Protection (EP) and Rural ( R) to Environmental Protection (EP) and Row Dwelling Residential Hold (H-R6-56) Exception Zone. 2. THAT the following be added as Section 15.56 “Row Housing Residential (R6- 56) Exception Zone”. Section 15.56 ROW DWELLING RESIDENTIAL (R6-56) EXCEPTION ZONE: (4692-05.D) 15.56.1 Uses Permitted - Maximum of seven (7) Row Housing Units 15.56.2 Zone Requirements 15.56.2.1 Lot Specifications Lot Area per dwelling unit (minimum): 250.0 square metres Lot Frontage total lot: 30.0 metres 15.56.2.2 Sitting Specifications Front Yard (minimum): 2.0 metres Rear Yard (minimum): 50.0 metres Southerly Interior Side Yard (minimum): 3.2 metres Northerly Interior Side Yard (minimum): 11.0 metres Notwithstanding the definition of Lot Frontage, for the purposes of this bylaw Old Yonge Street shall be deemed to be the Lot Frontage. 15.56.2.3 Building Specifications In accordance with Section 15.2.3 with the exception of the following: Width of Dwelling Unit (minimum) 7.5 metres Height (maximum) 11.0 metres 15.56.3 Private Outdoor Living Area Notwithstanding the provisions of Section 7.2 and Section 15.3.1.2, the minimum depth of the private outdoor living area from the wall of the row house dwelling unit shall be as follows: Interior Units 4.0 metres End Units 2.8 metres In accordance with Section 15.3.1.3, with the exception that 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 of 4.0 metres for interior units and shall not be required along the end wall of the end units. All other provisions of Section 15.3 shall apply. 15.56.4 General No more than seven (7) units of row housing shall be attached in a continuous row in any row development. 15.56.5 Parking Notwithstanding Section 6.26, the minimum manoeuvring space requirement shall be 6.3 metres. Notwithstanding the provisions of Section 6.26.1.2, a minimum of three (3) parking spaces per unit shall be provided. 15.56.6 Holding Prefix Notwithstanding the provisions of Section 15.56 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)R6-56, on Schedule "A" attached hereto, use any lot or erect, alter or use any buildings or structures for any purpose 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 the 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. 15.56.7 Removal of Holding Prefix Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands zoned (H)R6-56, or any part thereof, the Town of Aurora shall be satisfied that the relevant provisions of Section 4.3.2 of the Official Plan have been complied with. In addition, to the foregoing, and prior to the removal of the "(H)" Holding prefix, the following shall have been complied with: i) The Region of York has confirmed that adequate servicing capacity is available, and the Town of Aurora has allocated such capacity; ii) The Town of Aurora shall be satisfied that a site plan agreement and or other agreement(s) as required have been executed between the owner of the lands and the Town of Aurora. Upon removal of the "(H)" Holding prefix from the lands zoned (H)R6-56, pursuant to Section 36 of the Planning Act, or any successor thereto, the provisions applicable to the said lands shall be as set out in Sections 15.56.1 to 15.56.5 inclusive. 3. 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 THIS __ DAY OF __ , 2005. READ A THIRD TIME AND FINALLY PASSED __ DAY OF __, 2005. T. JONES, MAYOR B. PANIZZA, TOWN CLERK Explanatory Note Re: Zoning By-law No. 4693-05.D By-law Number 4693-05.D has the following purpose and effect: To amend By-law 2213-78, as amended, the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands, known municipally as 218 Old Yonge Street, from “Environmental Protection” (EP) and “Rural” (RU) Zones to “Environmental” (EP) and Row Dwelling Residential Holding (H-R6-56) Exception Zone. The rezoning will permit the use of the lands for a maximum of seven (7) row housing units and provides site specific zoning provisions to implement the approved site plan on the lands. The zoning provisions apply a holding (H) category which will be lifted when servicing capacity is assigned to the development by Council and a site plan agreement is executed between the owner and the Town.