BYLAW - ZBA Brookvalley - 20070327 - 489107D'\o""'n, of "''v..., THE CORPORATION OF THE TOWN OF AURORA
-"'"·U-·~ Q \'1' ~
By-law Number 4891-0l.D
BEING A BY-LAW to amend By-law No. 2213-78
(Brookvalley-14425 Bayview Ave., File: 014-06-05)
WHEREAS it is deemed advisable to amend By-law 2213-78;
AND WHEREAS the municipal Council of the Corporation of The Town of Aurora
deems it necessary and expedient to amend By-law 2213-78, as amended;
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
"Rural General (RU-4-0RM) Zone", to "(Hold) Detached Dwelling First Density
Residential ((H)R1-42) Exception Zone" and to "Oak Ridges Moraine Natural
Linkage Area (NL-ORM) Zone" and "Major Open Space (0-9) Exception Zone"
2. THAT the following be added as Section 10.44 "Detached Dwelling First Density
Residential (R1-42) Exception Zone".
10.44
10.44.1
10.44.2
10.44.2.1
"DETACHED DWELLING FIRST DENSITY RESIDENTIAL (R1-
42) EXCEPTION ZONE"
USES PERMITTED
• One detached dwelling per lot
• A home occupation in accordance with the provisions of
Sections 6.21 and 6.21.12.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
900 square metres
20 metres
1 0.44.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
The provisions of Section 7 .1.1 shall not apply.
7.5 metres
7.5 metres
1.5 metres
4.5 metres
1 0.44.2.3 Setback from Bayview Avenue and Vandorf Side road
Main Building orGar<Jge (minimum)
Accessory Buildings
35 metres
15 metres
10.44.2.4
10.44.2.5
10.44.2.6
3. 10.44.3
Landscaping
Within the 35 metre setback area from Bayview Avenue and
Vandorf Sideroad landscaping shall be required, to screen the
dwellings, which in addition to sodding and plantings may include
berms, fencing and entry features. Decks, pools and accessory
buildings may be located within the landscaped area provided they
are located a minimum of 15 metres from Bayview Avenue and
Vandorf Sideroadc
Building Specifications
Lot Coverage (maximum)
Height (main building).(maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Parking
35 percent
11.0 metres
6.0 metres
2.9 metres
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.
Holding Prefix
Notwithstanding the provisions of Section 10.44 above, while the
"(H)" Holding prefix is in place, no person shall within the lands
zoned (H)Rt-42 on Schedule "A" attached hereto, use any lot or
erect, alter or use any buildings or structures for any purposes
except for those uses which existed on the date of passing 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 thi.s by-law to remove the letter "(H)" Prefix is
approved by the Council of the Corporation of the town of Aurora
and comes into full force and effect pursuant to the provisions of
Section 36 of the Planning Act, R.S.O. 1990, c.P.13.
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding prefix
from the lands zoned (H)R1-42 on Schedule "A" attached hereto,
or any part thereof;the Town of Aurora shall be satisfied that the
following preconditions have been met:
1 0.44.3.1 The Region of York has confirmed that adequate
servicing capacity and/or transportation services and
facilities is available, and the Town of Aurora has
allocated such capacity as follows:
i) York Region Advises in writing that it is no
earlier than six (6) mohnths prior to the
expected completion of the 16th Avenue Phase
2 Trunk Sewer, the 19th Avenue Interceptor
· Trunk Sewer, the Lower Leslie Street Trunk
Sewer, the Aurora /Newmarket Feed main, the
Newmarket EQ Tank, the Aurora EQ Tank; or
ii) The town of Aurora approves a transfer of
servicing allocation to this development that is
notdE;lpendent upon the construction of
infrastructure; or,
iii) The Regional Commissioner of Transportation
and Works confirms servicing allocation for this
development by a suitable alternative method.
10.44.3.2 A subdivision agreement, and other agreement(s) as
required, have been executed between the Owner of
the lands and the Corporation of the Town of Aurora;
10.44.3.3 The Town of Aurora is satisfied that all necessary
approvals have been received from all other relevant
agencies and government bodies;
10.44.3.4 The Town of Aurora is satisfied that the proposed
plan of subdivision complies with the relevant policies
of the Bayview Southeast Secondary Plan (OPA No.
20) cmd is satisfied that the removal of the "(H)"
represents ·a logical and orderly progression of
development.
Upon removal of the "(H)" Holding prefix from the lands zoned
(H)R1-42 on Schedule "A" attached hereto 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
Section 1 0.44, 10.44.1, 1 0.44.2, 1 0.44.2.2, AND 1 0.44.2.3.
3. THAT no part of this By-law will come into force until the provisions of the
Planning Act have been compliecl 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 271h DAY OF MARCH, 2007.
READ A THIRD TIME AND FINALLY PASSED THIS 2th DAY OF MARCH, 2007.
PHYLLIS M. MORRIS, MAYOR
--------------------~-----------~-=---------·---------------------------------
Explanatory Note
Re: Zoning By-law No. 4891-07.D
By-law Number 4891-07 .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 from "Rural General (RU-4-0RM) Zone" to "(Hold) Detached Dwelling
First Density Residential ((H)R1-42) Exception Zone" and to "Oak Ridges Moraine
Natural Linkage Area (NL-ORM) Zone" and "Major Open Space (0-9) Exception Zone".
The purpose of the rezoning is to permit the subject lands to be developed for the
purposes of a Plan of Subdivision consisting of residential lots and park and stormwater
management blocks and to protect an area of valley land in the southwest corner. The
rezoning also requires the provision of a 35 metre wide landscaped buffer at the rear of
lots backing onto Bayview Avenue and Vandorf Sideroad. The buffer will form part of
the lots concerned.
As outlined in the Conditions of Draft Approval, the Holding provisions of Section 36 of
the Planning Act are proposed to be applied in conjunction with the proposed zoning
by-law for the subject lands in order to ensure that development does not occur until
such time as the Holding "H" Symbol is removed in accordance with the provisions of
the Planning Act. The Zoning by-law amendment specifies the terms under which
Council may consider removing the H61dipg "H" symbol, in accordance with Official Plan
policy. Said terms include:
a) Confirmation that there is adequate water, sanitary, storm and/or transportation
services and facilities available to accommodate the draft plan of subdivision or any
phase thereof as follows:
i) York Region Advises in writing that it is no earlier than six (6) mohnths
prior to the ex~ected completion of the 161h Avenue Phase 2 Trunk
Sewer, the 19 h Avenue Interceptor Trunk Sewer, the Lower Leslie
Street Trunk Sewer, the Aurora /Newmarket Feedmain, the
Newmarket EQ Tank, the Aurora EQ Tank; or
ii) The town of Aurora approves a transfer of servicing allocation to this
development that is not dependent upon the construction of
infrastructure; or,
iii) The Regional Commissioner of Transportation and Works confirms
servicing allocation for this development by a suitable alternative method
b) That all required agreements have been executed between the Owner and the
Town of Aurora and can be registered on title;
c) That all necessary approvals have been received from all other relevant agencies
and/or government bodies; and
d) Compliance with the relevant policies of the Bayview Southeast Secondary Plan
(OPA No. 20).
TOWN OF AURORA
~{HE REGIONAL MUNICIPALITY OF YORK
LOCATION: Part of Lot 15, Concession 2 EYS
14425 Bayview Avenue
THIS IS SCHEDULE "A"
TO BY-LAW NO. 4891-07.D
PASSED THIS aJ DAY
OF~ ,2007.
6mL
BOB PANJZ( CLERK
~C)
PHYLLIS M. MORRIS, MAYOR
l/iX/\d LANDS REZONED FROM "RU-4-0RM" TO "(H) R1-42"
llJIII]]) LANDS REZONED FROM "RU-4-0RM" TO "NL-ORM"
I§§§§J LANDS REZONED FROM "RU-4-0RM" TO "0-9"
ER RU-ORM
SCHEDULE "A" TO BY-LAW NO. 4891-07.D
'-·---
Explanatory Note
Re: Zoning By-law No. 4891-07.D
By-law Number 4891-07.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 from "Rural General (RU-4-0RM) Zone" to "(Hold) Detached Dwelling
First Density Residential ((H)R1-42) Exception Zone" and to "Oak Ridges Moraine
Natural Linkage Area (NL-ORM) Zone" and "Major Open Space (0-9) Exception Zone".
The purpose of the rezoning is to permit the subject lands to be developed for the
purposes of a Plan of Subdivision consisting of residential lots and park and stormwater
management blocks and to protect an area of valley land in the southwest corner. The
rezoning also requires the provision of a 35 metre wide landscaped buffer at the rear of
lots backing onto Bayview Avenue and Vandorf Sideroad. The buffer will form part of
the lots concerned.
As outlined in the Conditions of Draft Approval, the Holding provisions of Section 36 of
the Planning Act are proposed to be applied in conjunction with the proposed zoning
by-law for the subject lands in order to ensure that development does not occur until
such time as the Holding "H" Symbol is removed in accordance with the provisions of
the Planning Act. The Zoning by-law amendment specifies the terms under which
Council may consider removing the Holding "H" symbol, in accordance with Official Plan
policy. Said terms include:
a) Confirmation that there is adequate water, sanitary, storm and/or transportation
services and facilities available to accommodate the draft plan of subdivision or any
phase thereof as follows:
i) York Region Advises in writing that it is no earlier than six (6) mohnths
prior to the ex~ected completion of the 161h Avenue Phase 2 Trunk
Sewer, the 19 h Avenue Interceptor Trunk Sewer, the Lower Leslie
Street Trunk Sewer, the Aurora /Newmarket Feedmain, the
Newmarket EQ Tank, the Aurora EQ Tank; or
ii) The town of Aurora approves a transfer of servicing allocation to this
development that is not dependent upon the construction of
infrastructure; or,
iii) The Regional Commissioner of Transportation and Works confirms
servicing allocation for this development by a suitable alternative method
b) That all required agreements have been executed between the Owner and the
Town of Aurora and can be registered on title;
c) That all necessary approvals have been received from all other relevant agencies
and/or government bodies; and
d) Compliance with the relevant policies of the Bayview Southeast Secondary Plan
(OPA No. 20).