BYLAW - ZBA Polsinelli D14 04 01 - 20071211 - 496407DTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4964·07.0
BEING A BY-LAW to amend By-
law No. 2213-78, as amended,
being the Zoning By-law of the
Town of Aurora.
(Part Lot 16, Concession 2 EYS,
Polsinelli File: 014-04-01)
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" attaches hereto and forming part of this By-law, is hereby
amended from "Rural General (RU) Zone" to "Detached Dwelling Second
Density Residential Holding (H)R2-86 Exception Zone", "Oak Ridges Moraine
Environmental Protection (EP-ORM) Zone" and "Major Open Space (0-9)
Exception Zone".
2. THAT the following be added as Section 11.88 "Detached Dwelling
Second Density Residential Holding (H)R2-86 Exception Zone".
11.88 "DETACHED DWELLING SECOND DENSITY RESIDENTIAL
HOLDING (H)R2-86 EXCEPTION ZONE"
11.88.1
11.88.2
11.88.2.1
USES PERMITTED
• One detached dwelling per lot
• A home occupation in accordance with the provisions
of Sections 6.21 to 6.21.12.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
480.0 metres 2
14.0 metres
11.88.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
-one side
-other side
Exterior Side Yard (minimum):
6.0 metres
7.5 metres
0.6 metres
1.2 metres
3.0 metres
11.88.2.3
11.88.2.4
11.88.2.5
11.88.2.6
3. 11.88.3
Notwithstanding the above provisions, the minimum westerly
interior side yard setback for Lot 1 as shown on Schedule "A2"
shall be 2.0 metres. All other provisions of Section 11.88.2.2
shall apply.
The following provisions shall apply to the lands shown in
hatching on Schedule "A2" (Lots 30 to 32 & 61):
Setback from Bayview Avenue and Vandorf Sideroad
Main Building and Garage
Accessory Buildings
Landscaping
35.0 metres
15.0 metres
Within the 35 metre setback area from Bayview Avenue and
Vandorf Sideroad, landscaping shall be required to screen
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 15.0 metres from
Bayview Avenue and Vandorf Sideroad.
Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Parking
40.0 percent
11.0 metres
6.0 metres
2.9 metres
Notwithstanding the definition contained in 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,
including that portion of the driveway that extends beyond the
lot.
Holding Prefix
Notwithstanding the provisions of Section 11.86 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R2-86 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 the passing of this by-
law shall occur, unless an amendment to this 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.P13.
Removal of the Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding
prefix from the lands zoned (H)R2-86 on Schedule "A"
attached hereto, or any part thereof, the Town of Aurora shall
be satisfied that the following preconditions have been met:
11.88.3.1 The Region of York has confirmed that adequate servicing
capacity and/or transportation services and facilities are
available, and the Town of Aurora has allocated such capacity
as follows:
i) York Region has advised in writing that it is no earlier
than six (6) months prior to the expected com~letion of
the 161h Avenue Phase 2 Trunk Sewer, the 191 Avenue
Interceptor Trunk Sewer, the Lower Leslie Street Trunk
Sewer, the Aurora/Newmarket Feedermain, 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 capacity forth is development
by a suitable alternative method and the Town of
Aurora allocates sufficient capacity to this development.
11.88.3.2 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;
11.88.3.3 The Town of Aurora is satisfied that all necessary approvals
have been received from all other relevant agencies and
government bodies;
11.88.3.4 The Town of Aurora is satisfied that the proposed plan of
subdivision complies with the relevant policies of the Bayview
Southeast Secondary Plan (OPA # 20) and 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)R2-86 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 11.88.
4. THAT no part of this By-law will come into force until the provisions of
the Planning Act have been compiled 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 11TH DAY OF DECEMBER, 2007.
READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF
DECEMBER, 2007.
PHYLLIS M. MORRIS, MAYOR B. PANIZZA, MUNICIPAL CLERK
OWN OF AURORA
HE REGIONAL MUNICIPALITY OF YORK
CATION: Part of Lot 16, Concession 2 E.Y.S.
14575 Bayview Avenue, Aurora
THIS IS SCHEDULE "A"
TO BY-LAW NO. 4964-07.0
PASSEDTHIS_I_I_DAY
OF IX:£..,· , 2007.
BJB~f±;LERK
~
PHYLLIS M. MORRIS, MAYOR
[';!h);) LANDS SUBJECT TO REZONING FROM "RU-ORM" TO "(H) R2-86"
lllll.lilll LANDS SUBJECT TO REZONING FROM "RU-ORM" TO "0-9"
~ LANDS SUBJECT TO REZONING FROM "RU-ORM" TO "EP-ORM"
. "' --~
\ ___ ,.
RU-ORM
SCHEDULE "A" TO BY-LAW NO. 4964-07.0
I
OWN OF AURORA
HE REGIONAL MUNICIPALITY OF YORK
LOCATION: Part of Lot 16, Concession 2 E.Y.S.
14575 Bayview Avenue, Aurora
THIS IS SCHEDULE "A2"
TO BY-LAW NO. 4964-07.D
PASSED THIS J.l_ DAY
OF J:Je£.. , 2007.
·~
PHYLLIS M. MORRIS, MAYOR
Accessory Buildings Subject to 15.0m
Setback from Arterial Roads
(i.e. Bayview Avenue & Vandorf Sideroad)
SCHEDULE "A2" TO BY-LAW NO. 4964-07.0