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BYLAW - ZBA Carpino Construction Inc - 20160712 - 587316THE CORPORATION OF THE TOWN OF AURORA By-law Number 5873-16 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (Carpino Construction Inc.). WHEREAS section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides that the councils of local municipalities may pass zoning by-laws; AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town") enacted By-law Number 2213-78, including amendments thereto (the "Zoning By- law"); AND WHEREAS the Council of the Town deems it necessary and expedient to further amend the Zoning By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the Zoning By-law be and is hereby amended to replace the "Central Commercial (C2) Zone" zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law with "Row Dwelling Residential (R6-65) Exception Zone". 2. THAT the Zoning By-law be and is hereby amended to add the following: 15.69 ROW DWELLING RESIDENTIAL (1136-65) EXCEPTION ZONE 15.69.1 Uses Permitted Stacked, back-to-back, townhouse dwelling units. 15.69.2 Definitions Dwelling, Stacked, Back-to-back, Townhouse: Means a building that is divided vertically and/or horizontally into three (3) or more dwelling units, each of which has independent entrances from the exterior with a rear common wall. 15.69.3 Zone Requirements Notwithstanding any provisions to the contrary, for the purposes of the R6-65 Zone, Yonge Street, or a reserve abutting Yonge Street, shall be deemed to be the front lot line. 15.69.3.1 Lot Specifications Lot Frontage (minimum) 80 metres Lot Area (minimum) 7,000 square metres 15.69.3.2 Siting Specifications Front Yard (minimum) 1.0 metres Interior Side Yard — South Lot Line 0.0 metres (minimum) Interior Side Yard — North Lot Line 4.5 metres (minimum) Rear Yard (minimum) 4.5 metres By-law Number 5873-16 Page 2 of 4 Unobstructed Distance between 3.0 metres buildings on the same lot (minimum) 15.69.3.3 Building Specifications Floor Area (minimum) 51 square metres Lot Coverage (minimum) 35 percent Building Height (minimum) 2 storeys Building Height (maximum) 5 storeys A maximum height of five (5) storeys is permitted, provided the 5th storey including mechanical and rooftop enclosures are setback a minimum of 1.5 metres from the main front walls of the 4th storey fronting Yonge Street. 15.69.4 Amenity Area Notwithstanding the provisions of Sections 7.2 and 15.3, a minimum of 2,520 square metres of amenity area shall be provided in accordance with the following: i) The private outdoor living area for a ground floor unit shall be provided on a porch, balcony or patio accessible from the dwelling unit. ii) The private outdoor living area for a non -ground floor unit shall be provided on a balcony and roof top terrace. Uncovered terraces shall be permitted within the roof area. 15.69.5 General The provisions of Section 15.4 shall not apply. 15.69.6 Permitted Encroachments 15.69.6.1 Notwithstanding the provisions of Section 6.48.1: Patios and balconies shall be setback a minimum of 2.2 metres from the front yard, 4.0 metres from the interior side yard, north lot line and 1.9 metres from the rear yard. II. Steps and landings shall be setback a minimum of 1.5 metres from the front yard, 3.0 metres from the interior side yard, north lot line and 2.0 metres from the rear yard. 15.69.7 Accessory Buildings 15.69.7.1 Notwithstanding the provisions of Section 6.2: Accessory buildings less than 55 square metres in area and 3.5 metres in height used for garbage or recycling storage and / or mechanical and electrical equipment shall be permitted within 0.6 m of a private right-of-way, private sidewalk or any lot line that is not a public right-of-way. 15.69.8 Air Conditioning Units and Heat Pumps The provisions of Section 6.2.6 (i) with respect to central air conditions and heat pumps shall not apply. By-law Number 5873-16 Page 3 of 4 15.69.9 Parkin Notwithstanding the provisions of Section 6.26, a minimum of 1.0 and maximum of 1.25 parking spaces per unit of which, a minimum of 17 visitor parking spaces shall be provided. Notwithstanding Section 6.26 of the Zoning By-law, the minimum manoeuvring distance for 90 degree parking spaces shall be 6.6 metres." 3. THAT this By-law shall come into full force subject to compliance with the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. READ A FIRST AND SECOND TIME THIS le DA Y OF JUL Y, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 12th DAY OF JUL Y, 2016. Approvedas to Form GEOFFREY DAWE, MAYOR Ty LeBalServices Signature Date: __�.�... � � i �• LISA LY(�NS, TOWN CLERK By-law Number 5873-16 Page 4 of 4 Explanatory Note Re: Zoning By-law Number 5873 -16 By-law Number 5873-16 has the following purpose and effect: To amend By-law Number 2213-78, as amended, being the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from "Commercial Centre (C2) Zone" to "Row Dwelling Residential (R6-65) Exception Zone". The rezoning will permit stacked, back-to-back townhouse dwelling units. Schedule "A" To By -Law Number 5873-16 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lot 7 & Part Lot 6, Plan 36, Aurora, Regional Municipality of York (PIN 03637-0769); and Lots 17, 18, & 21, Part Lots 15 & 16 and 19, Plan 246 & Part Lots D, E & F, Plan 36, Aurora, Regional Municipality of York (PIN 03637-0770) LANDS REZONED FROM "CENTRAL COMMERCIAL (C2) ZONE" TO "ROW DWELLING RESIDENTIAL (R6-65) EXCEPTION ZONE". R5 C2 r�% I i C2 WELLINGTON STREET WEST EP C2 C2 C IC2 O Im 2-5 IC2-31 _C C2-1 C2