BYLAW - ZBA Sterling Cook - 20071127 - 497507DStirling Cook Auror
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By-law Number 4975-07.0
BEING A BY-LAW to amend By-
law No. 2213-78, as amended,
being the Zoning By-law of the
Town of Aurora.
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 categories applying to the lands shown in hatching on Schedule
"A" and "AJ" attached hereto and forming part of this By-law, are hereby
amended from "Estate Residential (ER) Zone" to "Detached Dwelling First
Density Residential Holding (H) (R1-43) Exception Zone", "Detached Dwelling
Second Density Residential Holding (H) (R2-85) Exception Zone", "Major Open
Space (0-19) Exception Zone", "Major Open Space (0-9) Exception Zone" and
"Open Space (0-14) Exception Zone".
2. THAT the following be added as Section 10.42 "Detached Dwelling First Density
Residential Holding (H) (R1-43) Exception Zone".
Section 10.45 "Detached Dwelling First Density Residential Holding (H)
(R1-43) Exception Zone" (4975.07.D)
10.45.1
10.45.2
1 0.45.2.1
Uses Permitted
In accordance with Section 10.1 hereof
Zone Specifications
Lot specifications
Lot Area (minimum)
Lot Frontage (minimum)
2000.0 square metres
6.0 metres
1 0.45.2.1.1 In addition to Section 3.69 for the purposes of this by-law a lot shall
be deemed to mean the whole of one unit as shown on a
registered plan of condominium pursuant to the Condominium Act
1998 and which fronts on a public street or closed road.
1 0.45.2.1.2 In addition to Section 6.18 for the purpose of this by-law a building
or structure erected on Unit 22 as shown on Schedule "AJ" is
permitted to front on a closed road for which access has been
provided by way of a registered easement.
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3.
1 0.45.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
6.0 metres
7.5 metres
2.0 metres
1 0.45.2.2.1 Notwithstanding the provisions of Section 6.26 with respect to
manoeuvring space or driveway, where the garage doors face an
interior side lot line the minimum required manoeuvring space or
driveway shall be 6.0 metres measured at right angles to the
garage door.
1 0.45.2.2.2 The provisions of Section 7.1 shall not apply.
1 0.45.2.3 Building Specifications
Floor Area (minimum)
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
200.0 square metres
35.0 percent
13.4 metres
6.0 metres
2.9 metres
1 0.45.2.4 Parking
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 and a minimum of
two (2) parking spaces shall be provided, either in tandem or side
by side, on the driveway.
1 0.45.4.1 The provisions of Section 6.28.1 (i)(b) to (e) shall not apply for the
purposes of this by-law with the exception that the driveway width
shall be a maximum of 6.0 metres at the front lot line.
1 0.45.2.5 Landscaping Specifications
11.45.3
Notwithstanding any other provisions to the contrary, a minimum of
40 percent of the lot area shall be preserved in an open,
landscaped or natural condition. This 40% shall not include a
swimming pool, accessory buildings or structures, paved driveway,
patio or any area covered with impervious material.
Holding Prefix
Notwithstanding the provisions of Section 10.45 of By-law 2218-78,
while the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R1-43 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.
Removal of the Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding prefix
from the lands zoned (H)R1-43 on Schedule "A" attached hereto,
or any part thereof, the Town of Aurora shall be satisfied that the
following preconditions have been met:
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)
ii)
iii)
York Region has advised in writing that it is no earlier than
six (6) months 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 Feedermain, the Newmarket EQ Tank,
the Aurora EQ Tank; or
The Town of Aurora approves a transfer of servicing
allocation to this development that is not dependent upon
the construction of infrastructure; or,
The Regional Commissioner of Transportation and Works
confirms servicing capacity for this development by a
suitable .alternative method and the Town of Aurora
allocates sufficient capacity to this development.
A condominium agreement, and/or other agreement(s) as required,
have been executed between the owner of the lands and the
Corporation of the Town of Aurora;
The Town of Aurora is satisfied that the proposed plan of
condominium complies with the relevant policies of the Official Plan
including Section 11.4.2 of Official Plan Amendment No. 34 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)R1-45 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 0.45.
4 THAT the following be added as Section 11.87 "Detached Dwelling Second
Density Residential Holding (H) (R2-85) Exception Zone".
Section 11.87 "Detached Dwelling Second Density Residential Holding
(H) (R2-85) Exception Zone" (4975.07.D)
11.87.1
11.87.2
11.87.2.1
Uses Permitted
In accordance with Section 11.1 provided that no more than 21
detached dwelling units are constructed on any lands zoned
"Detached Dwelling Second Density Residential Holding (H) R2-85
Exception Zone" shown on Schedule "A" and "AJ".
Zone Specifications
Lot specifications
Lot Area (minimum)
Lot Frontage (minimum)
900.0 square metres
20.0 metres
11.87.2.1.1 In addition to Section 3.69 for the purposes of this by-law a lot
shall be deemed to mean the whole of one unit fronting on a
private right-of-way as shown on a registered plan of rondominum
pursuant to the Condominium Act 1998.
11.87 .2.1.2 In addition to Section 3.123 for the purposes of this by-law a
public street or road shall also include a private right-of-way as
established on a registered plan of condominium pursuant to the
Condominium Act 1998.
11.87 .2.1.3 Notwithstanding any provisions to the contrary for the purposes of
this by-law where an application for a building permit has been
submitted for a single detached dwelling, and associated
accessory structures and/or uses on two or more contiguous units
under single title the collective unit shall be considered to constitute
a lot and the yard requirements and other provisions of the by-law
shall be applied as if the units were one lot.
11.87.2.1.4 Notwithstanding the provisions of Section 11.87.2.1 respecting lot
frontage, the minimum lot frontage for Unit 14 as shown on
Schedule "AJ" shall be 18.0 metres.
11.87 .2.2 Siting Specifications
Front Yard (minimum)
-Main building
-Side facing garage
-Front facing garage
Rear Yard (minimum)
-Main building
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
4.5 metres
4.5 metres
6.0 metres
7.5 metres
2.0 metres
4.5 metres
11.87.2.2.1 Notwithstanding the provisions of Section 6.26 with respect to
manoeuvring space or driveway, where the garage doors face an
interior side lot line the minimum required manoeuvring space or
driveway shall be 6.0 metres measured at right angles to the garage
door.
11.87.2.2.2 Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be either flush
with, or project in front of a front facing garage.
11.87.2.2.3 Notwithstanding the provisions of 6.2.2 respecting accessory
buildings and uses, the minimum required setback from the rear lot
line shall be 2.0 metres.
11.87.2.2.4 The provisions of Section 7.1 shall not apply.
11.87 .2.3 Building Specifications
Floor Area (minimum)
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
200.0 square metres
35.0 percent
13.4 metres
6.0 metres
2.9 metres
5.
11.87 .2.4 Parking
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, and a minimum of
two (2) parking spaces shall be provided, either in tandem or side
by side, on the driveway.
11.87 .2.4.1 The provisions of Section 6.28.1 (i}(b} to (e) shall not apply for
the purposes of this by-law with the exception that the driveway
width shall be a maximum of 6.0 metres at the street line to the
private right-of-way.
11.87.2.5 Landscaping Specifications
11.87.3
Notwithstanding any other provisions to the contrary, a minimum of
40 percent of the lot area shall be preserved in an open,
landscaped or natural condition. This 40% shall not include a
swimming pool, accessory buildings or structures, paved driveway,
patio or any area covered with impervious material.
Holding Prefix
Notwithstanding the provisions of Section 10.45 of By-law 2218-78,
while the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R1-43 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.
Removal of the Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding prefix
from the lands zoned (H)R1-43 on Schedule "A" attached hereto,
or any part thereof, the Town of Aurora shall be satisfied that the
following preconditions have been met:
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:
iv)
v)
York Region has advised in writing that it is no earlier than
six (6) months 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 Feedermain, the Newmarket EQ Tank,
the Aurora EQ Tank; or
The Town of Aurora approves a transfer of servicing
allocation to this development that is not dependent upon
the construction of infrastructure; or,
vi) The Regional Commissioner of Transportation and Works
confirms servicing capacity for this development by a
suitable alternative method and the Town of Aurora
allocates sufficient capacity to this development.
A condominium agreement, and/or other agreement(s) as required,
have been executed between the owner of the lands and the
Corporation of the Town of Aurora;
The Town of Aurora is satisfied that the proposed plan of
condominium complies with the relevant policies of the Official Plan
including Section 11.4.2 of Official Plan Amendment No. 34 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)R1-45 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 0.45.
6. THAT the following be added as Section 31.16 "Major Open Space (0-19)
Exception Zone"
Section 31.16 "Major Open Space (0-19) Exception Zone" (4975.07.0)
31.16.1
31.16.2
Uses Permitted
i) Conservation
ii) A private park, including accessory structures
Zone Requirements
No buildings or structures other than those associated with a
private park shall be erected in this zone and the lands within this
zone shall be maintained in their natural state or landscaped in
accordance with approved plans.
7. 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 27TH DAY OF NOVEMBER, 2007.
READ A THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF NOVEMBER, 2007.
B. PANIZZA, TOWN CLERK
Explanatory Note
Re: Zoning By-law No. 4975.07.D
By-law Number 4967.07.0 has the following purpose and effect:
3. To amend By-law 2213-78, as amended, the Zoning By-law in effect in the
Town of Aurora, to rezone the subject lands from "Estate Residential (ER)
Zone" to "Detached Dwelling First Density Residential Holding (H) (R1-43)
Exception Zone", "Detached Dwelling Second Density Residential Holding
(H) (R2-85) Exception Zone", "Major Open Space (0-19) Exception Zone",
"Major Open Space (0-9) Exception Zone" and "Open Space (0-14)
Exception Zone" to permit 22 residential dwelling units.
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
·' ~~ATION: PARTS OF LOT 17, 18, 19 AND 20
REGISTERED PLAN 166
TOWN OF AURORA
REGIONAL MUNICIPALITY OF YORK
-~~ ~----· ------------
THIS IS SCHEDULE "A"
TO BY-LAW NO. 4975-07.D
PASSED THIS.i.1fH DAY
PHYLLIS M. MORRIS, MAYOR
~ Lands Subject to Rezoning ~ Lands Subject to Rezoning mm Lands Subject to Rezoning
~From "ER" to "(H) R1-43" li;;;;;;;;;;;;; From "ER" to "0-9" From "ER" to "0-19"
~ Lands Subject to Rezoning n"D Lands Subject to Rezoning
~From "ER" to "(H) R2-85" ~From "ER" to "0-14"
SCHEDULE "A" TO BY-LAW NO. 4975-07.0
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
OCATION: PARTS OF LOT 17, 18, 19 AND 20
REGISTERED PLAN 166
TOWN OF AURORA
REGIONAL MUNICIPALITY OF YORK
Legend
~ Section 1 0.45.2.1.2
~ Section 11.87.2.1.4
THIS IS SCHEDULE "AJ"
TO BY-LAW NO. 4975-07.D
PASSED THISJ:ll'H DAY
OF tJMaMI;L , 2007.
B~&ftCLERK
~Q
PHYLLIS M. MORRIS, MAYOR
NGTON ROAD EASr-__ -:::::----
SCHEDULE "AJ" TO BY-LAW NO. 4975-07.0
Explanatory Note
Re: Zoning By-law No. 4975.07.D
By-law Number 4967.07.D has the following purpose and effect:
3. To amend By-law 2213-78, as amended, the Zoning By-law in effect in the Town
of Aurora, to rezone the subject lands from "Estate Residential (ER) Zone" to
"Detached Dwelling First Density Residential Holding (H) (R1-43) Exception
Zone", "Detached Dwelling Second Density Residential Holding (H) (R2-85)
Exception Zone", "Major Open Space (0-19) Exception Zone", "Major Open
Space (0-9) Exception Zone" and "Open Space (0-14) Exception Zone" to permit
22 residential dwelling units.