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BYLAW - ZBA 222 Ridge Rd Yonge St BG Properties Phase 2 - 20171114 - 602417The Corporation of the Town of Aurora By-law Number 6024-17 Being a By-law to amend Zoning By-law Number 2213-78, as amended (222 Ridge Road & 14222, 14314 & 14378 Yonge Street — BG Properties (Aurora) Inc. — Phase 2). Whereas under section 34(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, zoning by-laws may be passed by the councils of local municipalities to prohibit and regulate the use of land, buildings and structures; And whereas on June 16, 1980, the Council of The Corporation of the Town enacted By-law Number 2213-78, as amended, which By-law was appealed to and then approved by the Ontario Municipal Board on August 22, 1983 (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 hereby enacts as follows: 1. The Zoning By-law be and is hereby amended to replace the "Oak Ridges Moraine Rural (RU-ORM) Zone" zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law with "Detached Dwelling Second Density Residential (132-124) Exception Zone", "Detached Dwelling Second Density Residential (132-125) Exception Zone", "Major Open Space (0-22) Exception Zone" and "Oak Ridges Moraine Environmental Protection (EP-ORM) Zone". 2. The Zoning By-law be and is hereby amended to add the following: 11.126 Detached Dwelling Second Density Residential (R2-124) Exception Zone 11.126.1 Uses Permitted - one detached dwelling per lot - a home occupation 11.126.2 Zone Requirements 11.126.2.1 Lot Specifications Lot Area (minimum) Lot Frontage (minimum) 300.0 square metres 9.0 metres 11. 126.2. 1.1 Notwithstanding Section 3.69, a lot shall mean the whole of one parcel of tied land fronting on a private right-of-way as shown on a registered plan of condominium pursuant to the Condominium Act, 1998. 11.126.2.1.2 Notwithstanding Section 3.123, a street or road, public shall also By-law Number 6024-17 Page 2 of 7 include a private right-of-way on a registered plan of condominium pursuant to the Condominium Act, 1998. 11.126.2.2 Siting Specifications Front Yard (minimum) - Main Building 4.5 metres - Garage 6.0 metres Rear Yard (minimum) 7.5 metres Interior Side Yard (minimum) - one side 1.2 metres - other side 0.6 metres Exterior Side Yard (minimum) - Main Building 3.0 metres - Garage 6.0 metres Lot Coverage (maximum) 40 percent Notwithstanding any other provisions to the contrary, the habitable ground floor front wall or porch shall be either flush with, or project in front of the garage. 11.126.2.3 Daylighting Triangle Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle forms part of a private right-of-way, the flankage lot line and the front lot line shall be deemed to be the continued projection of the flankage lot line and the front lot line to a point of intersection, for the purposes of calculating the required minimum front yard and the required minimum exterior side yard requirements. Notwithstanding the provisions above, and any other provisions to the contrary, no building or structure shall be permitted to encroach within the daylighting triangle. 11.126.2.4 Yard Exemption and Setback Encroachments Permitted 11.126.2.4.1 Notwithstanding the provisions of Section 6.48.1, open -sided roofed porches, balconies, uncovered terraces, patios and decks not exceeding 3.0 metres above grade with or without foundation may project a maximum of 2.0 metres into the required front and exterior side yards provided that no part of the porch is located closer than 2.0 metres from the front lot line. Steps may encroach into the required front yard provided they are not located any closer than 1.0 metres from the front and exterior side lot lines. 11.126.2.4.2 Notwithstanding the provisions of 6.48.1, a bay, bow, or box out window with or without a foundation below not exceeding 4.5 metres in width may project 0.6 metres into the required front exterior and rear yards. 11.126.2.4.3 Notwithstanding the provisions of Section 6.48.1, sills, belt courses, By-law Number 6024-17 Page 3of7 3 cornices, gutters, chimneys, pilasters, eaves, parapets or canopies may project 0.3 metres into all required yards and in no case shall be closer than 0.3 metres to any property line. 11.126.2.4.4 Provisions of Section 6.2.6 (i) and (ii) with respect to central air conditioners and heat pumps shall not apply. 11.126.2.5 Building Specifications Height (maximum) 11.0 metres Interior Garage Length (minimum) 6.0 metres Interior Garage Width (minimum) 2.9 metres 11.126.2.5.1 Interior garage steps shall not encroach into the minimum required parking space of 2.7 metres by 5.3 metres. 11.126.2.6 Parking Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.1, the following minimum parking standards shall apply: A minimum of two (2) parking spaces shall be provided, of which a minimum of one (1) parking space shall be provided within a private parking garage. 11.126.2.7 Landscape Specifications 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 percent shall not include accessory buildings or structures, paved driveways, pools, patios or any other area covered with impervious material." The Zoning By-law be and is hereby amended to add the following: 11.127 Detached Dwelling Second Density Residential (R2-125) Exception Zone 11.127.1 Uses Permitted - one detached dwelling per lot - a home occupation 11.127.2 Zone Requirements 11.127.2.1 Lot Specifications Lot Area (minimum) Lot Frontage (minimum) 470.0 square metres 18.0 metres 11.127.2.1.1 Notwithstanding Section 3.69, a lot shall mean the whole of one parcel of tied land fronting on a private right-of-way as shown on a registered plan of condominium pursuant to the Condominium Act, By-law Number 6024-17 Page 4 of 7 1998. 11.127.2.1.2 Notwithstanding Section 3.123, a street or road, public shall also include a private right-of-way on a registered plan of condominium pursuant to the Condominium Act, 1998. 11.127.2.2 Siting Specifications Front Yard (minimum) - Main Building 6.0 metres - Garage 6.0 metres Rear Yard (minimum) 6.0 metres Interior Side Yard (minimum) - one side 1.2 metres - other side 1.2 metres Exterior Side Yard (minimum) - Main Building 3.0 metres - Garage 6.0 metres Lot Coverage (maximum) 45 percent Notwithstanding any other provisions to the contrary, the habitable ground floor front wall or porch shall be either flush with, or project in front of the garage. 11.127.2.3 Daylighting Triangle Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle forms part of a private right-of-way, the flankage lot line and the front lot line shall be deemed to be the continued projection of the flankage lot line and the front lot line to a point of intersection, for the purposes of calculating the required minimum front yard and the required minimum exterior side yard requirements. Notwithstanding the provisions above, and any other provisions to the contrary, no building or structure shall be permitted to encroach within the daylighting triangle. 11.127.2.4 Yard Exemption and Setback Encroachments Permitted 11.127.2.4.1 Notwithstanding the provisions of Section 6.48.1, open -sided roofed porches, balconies, uncovered terraces, patios and decks not exceeding 3.0 metres above grade with or without foundation may project a maximum of 2.0 metres into the required front and exterior side yards provided that no part of the porch is located closer than 2.0 metres from the front lot line. Steps may encroach into the required front yard provided they are not located any closer than 1.0 metres from the front and exterior side lot lines. 11.127.2.4.2 Notwithstanding the provisions of 6.48.1, a bay, bow, or box out window with or without a foundation below not exceeding 4.5 metres in width may project 0.6 metres into the required front By-law Number 6024-17 Page 5 of 7 exterior and rear yards. 11.127.2.4.3 Notwithstanding the provisions of Section 6.48.1, sills, belt courses, cornices, gutters, chimneys, pilasters, eaves, parapets or canopies may project 0.6 metres into all required yards and in no case shall be closer than 0.6 metres to any property line. 11.127.2.4.4 Provisions of Section 6.2.6 (i) and (ii) with respect to central air conditioners and heat pumps shall not apply. 11.127.2.5 Building Specifications Height (maximum) 11.0 metres Interior Garage Length (minimum) 6.0 metres Interior Garage Width (minimum) 2.9 metres 11.127.2.5.1 Interior garage steps shall not encroach into the minimum required parking space of 2.7 metres by 5.3 metres. 11.127.2.6 Parking Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.1, the following minimum parking standards shall apply: A minimum of two (2) parking spaces shall be provided, of which a minimum of one (1) parking space shall be provided within a private parking garage. 11.127.2.7 Landscape Specifications 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 percent shall not include accessory buildings or structures, paved driveways, pools, patios or any other area covered with impervious material." 4. 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. Enacted by Town of Aurora Council this 14th day of November, 2017. R I "A Michael de Rond, Town Clerk By-law Number 6024-17 Page 6 of 7 Explanatory Note Re: Zoning By-law Number 6024-17 By-law Number 6024-17 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 "Oak Ridges Moraine Rural (RU- ORM) Zone" zoning category applying to the lands shown on Schedule "A" attached hereto and forming part of this By-law with "Detached Dwelling Second Density Residential (R2-124) Exception Zone", "Detached Dwelling Second Density Residential (R2-125)", "Major Open Space (0-22) Exception Zone" and "Oak Ridges Moraine Environmental Protection (EP-ORM) Zone". The rezoning will permit 153 single detached residential units on approximately 24.67 ha of land. By-law Number 6024-17 Page 7 of 7 Schedule "A" Location: Part of Lot 17, Plan 132, Part Lots 74 and 75, Concession 1, designated as Part 1 on Plan 65R-35902, Town of Aurora, Regional Municipality of York Lands rezoned from "Oak Ridges Moraine Rural (RU-ORM) Zone" to "Detached Dwelling Second Density Residential (R2- 124) Exception Zone", "Detached Dwelling Second Density Residential (R2-125) Exception Zone", "Major Open Space (0- 22) Exception Zone" and "Oak Ridges Moraine Environmental Protection (EP-ORM) Zone".