BYLAW - ZBA Coppervalley Estates Inc - 20170214 - 595217The Corporation of the Town of Aurora
By-law Number 5952-17
Being a By-law to amend Zoning By-law Number 2213-78,
as amended (Coppervalley Estates 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 hereby enacts
as follows:
1. THAT the Zoning By-law be and is hereby amended to replace the "Rural
General (RU) 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 (R2-115) Exception Zone", "Detached
Dwelling Second Density Residential (R2-116) Exception Zone", "Environmental
Protection (EP-6) Exception Zone", "Major Open Space (0-17) Exception Zone"
and "Major Open Space (0-15) Exception Zone".
2. THAT the Zoning By-law be and is hereby amended to add the following:
"Section 11.117 Detached Dwelling Second Density Residential (R2-115)
Exception Zone
11.117.1 Uses Permitted
In accordance with Section 11.1 hereof.
11.117.2 Zone Requirements
11.117.2.1 Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
11.117.2.2 Siting Specifications
Front Yard (minimum)
-Main Building
-Garage
Rear Yard (minimum)
Interior Side Yard (minimum)
360.0 square metres
12.0 metres
-One side
-Other side
Exterior Side Yard (minimum)
-Main Building
-Garage accessed over a flankage lot line
4.5 metres
6.0 metres
7.5 metres
1.2 metres
0.6 metres
3.0 metres
6.0 metres
By-law Number 5952-17
Page 2 of 6
11.117.2.2.1 Notwithstanding any other provisions to the contrary, on a corner lot
where a daylighting triangle has been conveyed to a public
authority, 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.
11.117.2.2.2 Notwithstanding the provisions of Section 3.124, on a corner lot
where a 0.3 metre reserve abuts a street, the exterior side yard
shall be deemed to include the 0.3 metre reserve, for the purposes
of calculating the minimum exterior side yard requirements.
11.117.2.2.3 Notwithstanding the provisions of Section 6.48.1, open -sided roofed
porches, uncovered terraces, patios, decks, and covered or
uncovered balconies, with or without foundation, may project 2.5
metres into the required front yard or the required exterior side yard,
provided that no part of the permitted encroachments, including
eaves, is located closer than 2.0 metres to the lot line. Steps may
encroach into the required front yard or exterior side yard, provided
that they are not located any closer than 1.0 metre to the lot line.
11.117.2.2.4 Notwithstanding the provisions of Section 6.48.1, open -sided roofed
porches covered or uncovered balconies, with or without
foundation, may project 2.5 metres into the required rear yard,
provided that no part of the permitted encroachments, including
eaves, is located closer than 3.8 metres to the rear lot line.
11.117.3 Building Specifications
Lot Coverage (Maximum)
Height [Main Building (Maximum]
48%
11.0 metres
11.117.3.1 Notwithstanding the definition contained within Section 3.72, open -
sided, roofed porches, bay windows, and fireplaces, with or without
foundation, shall not be included in the calculation of lot coverage.
Further, notwithstanding the provisions of Section 6.48, the
maximum projection of any bay window shall not exceed 0.5
metres.
11.117.4 Holding Prefix
Notwithstanding the provisions of Section 11.117 above, while the
"(H)" Holding prefix is in place, no person shall within the lands
zoned (H)R2-115, on Schedule "A" attached hereto, use any lot or
erect, alter or use any buildings or structures for any purposes
except those uses which existed on the date of passing of By-law
Number 5952-17. Furthermore, no extension or enlargement of the
uses which existed on the date of the passing of By-law Number
5952-17 shall occur, unless an amendment to this by-law is
By-law Number 5952-17
Page 3 of 6
3
approved by the Council of the Corporation of the Town of Aurora
and comes into full force and effect.
Removal of Holding Prefix/ Symbol (H)
Prior to the passing of a by-law to remove the "(H)" Holding symbol
from the lands zoned (H)R2-115, or any part thereof, the Town of
Aurora shall be satisfied that the following conditions shall be
complied with:
the Town of Aurora has approved a transfer of servicing
allocation to this development that is not dependent upon the
completion of infrastructure; or York Region has advised in
writing that the required infrastructure to support the capacity
assignment associated with this development will be completed
within a time period acceptable to the Region to permit the plan
registration, or the Regional Commissioner of Environmental
Services has confirmed servicing allocation for this development
by a suitable alternative method and the Town of Aurora has
allocated the capacity to this development;
ii) An inter -municipal agreement have been approved by the
Region of York and a subdivision agreement or any other
agreement(s) as required, have been executed between the
Owner of the lands and the Corporation of the Town of Aurora;
iii) the removal of the "H" represents a logical and orderly
progression of development in accordance with the relevant
policies of the 2C Secondary Plan (OPA No. 73);
iv) Specific to Lot 23 on the approved Draft Plan of Subdivision
(Sub-2015-05), the "H" shall not be lifted until the Region of
York confirms in writing that Lot 23 is not required for an
interchange and associated buffers at King's Highway 404 and
St. John's sideroad. All other lots within the approved
subdivision do not require confirmation from the Region with
regards to the potential interchange and associated buffers."
THAT the Zoning By-law be and is hereby amended to add the following:
"Section 11.118 Detached Dwelling Second Density Residential (R2-116)
Exception Zone
11.118.1 Uses Permitted
In accordance with Section 11.1 hereof.
11.118.2 Zone Requirements
11.118.2.1 Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
450.0 square metres
15.0 metres
By-law Number 5952-17 Page 4 of 6
11.118.2.2 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 accessed over a flankage lot line
6.0 metres
11.118.2.2.1 Notwithstanding the provisions of Section 6.48.1, open -sided roofed
porches, uncovered terraces, patios, decks, and covered or
uncovered balconies, with or without foundation, may project 2.5
metres into the required front yard or the required exterior side yard,
provided that no part of the permitted encroachments, including
eaves, is located closer than 2.0 metres to the lot line. Steps may
encroach into the required front yard or exterior side yard, provided
that they are not located any closer than 1.0 metre to the lot line.
11.118.2.2.2 Notwithstanding the provisions of Section 6.48.1, open -sided roofed
porches covered or uncovered balconies, with or without
foundation, may project 2.5 metres into the required rear yard,
provided that no part of the permitted encroachments, including
eaves, is located closer than 3.8 metres to the rear lot line.
11.118.3 Building Specifications
Lot Coverage (Maximum)
Height [Main Building (Maximum]
48%
11.0 metres
11.118.3.1 Notwithstanding the definition contained within Section 3.72, open -
sided, roofed porches, bay windows, and fireplaces, with or without
foundation, shall not be included in the calculation of lot coverage.
Further, notwithstanding the provisions of Section 6.48, the
maximum projection of any bay window shall not exceed 0.5
metres.
11.118.4 Holding Prefix
Notwithstanding the provisions of Section 11.118 above, while the
"(H)" Holding prefix is in place, no person shall within the lands
zoned (H)R2-116, on Schedule "A" attached hereto, use any lot or
erect, alter or use any buildings or structures for any purposes
except those uses which existed on the date of passing of By-law
Number 5952-17. Furthermore, no extension or enlargement of the
uses which existed on the date of the passing of By-law Number
5952-17 shall occur, unless an amendment to this by-law is
approved by the Council of the Corporation of the Town of Aurora
and comes into full force and effect.
Removal of Holding Prefix/ Symbol (H)
By-law Number 5952-17
Page 5 of 6
Prior to the passing of a by-law to remove the "(H)" Holding symbol
from the lands zoned (H)R2-116, or any part thereof, the Town of
Aurora shall be satisfied that the following conditions shall be
complied with:
i) the Town of Aurora has approved a transfer of servicing
allocation to this development that is not dependent upon the
completion of infrastructure; or York Region has advised in
writing that the required infrastructure to support the capacity
assignment associated with this development will be completed
within a time period acceptable to the Region to permit the plan
registration, or the Regional Commissioner of Environmental
Services has confirmed servicing allocation for this development
by a suitable alternative method and the Town of Aurora has
allocated the capacity to this development;
ii) An inter -municipal agreement have been approved by the
Region of York and a subdivision agreement or any other
agreement(s) as required, have been executed between the
Owner of the lands and the Corporation of the Town of Aurora;
iii) the removal of the "H" represents a logical and orderly
progression of development in accordance with the relevant
policies of the 2C Secondary Plan (OPA No. 73)."
4. 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.
Enacted by Town of Aurora Council this 14t" day of February, 2017.
• :���T' , ter, �1iri.�
j--=Geoffrey
9aw; - � "Q�
Samantha Yew, eputy Clerk
By-law Number 5952-17 Page 6 of 6
Explanatory Note
Re: Zoning By-law Number 5952-17
By-law Number 5952-17 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 "Rural General (RU) Zone" to
"Detached Dwelling Second Density Residential (R2-115) Exception Zone", "Detached
Dwelling Second Density Residential (R2-116) Exception Zone", "Environmental
Protection (EP-6) Exception Zone", "Major Open Space (0-17) Exception Zone" and
"Major Open Space (0-15) Exception Zone".
The effect of this zoning amendment will permit a residential plan of Subdivision
consisting of single detached dwellings and an environmental protection area.
Schedule "A" To By -Law Number 5952-17
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: PART OF LOT 26, CONCESSION 3
LANDS TO BE REZONED FROM "RURAL GENERAL
(RU) ZONE" TO; "DETACHED DWELLING SECOND
DENSITY RESIDENTIAL (R2-115) EXCEPTION
11770.7. ZONE", "DETACHED DWELLING SECOND DENSITY
`. RESIDENTIAL (R2-116) EXCEPTION ZONE",
"ENVIRONMENTAL PROTECTION (EP-6) EXCEPTION
ZONE", "MAJOR OPEN SPACE (0-15) EXCEPTION
ZONE" AND " MAJOR OPEN SPACE (0-17)
EXCEPTION ZONE".
N TOWN OF NEWMARKET
X4
:.. •.;:s::.:.::.
RU
RU
ST JOHN'S SIDEROAD EAST