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BYLAW - LPAT ZBA 323 River Ridge Boulevard (Shimvest et al.) - 20190305 - 616019The Corporation of the Town of Aurora By-law Number 6160-19 Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 323 River Ridge Boulevard (Shimvest Investments Ltd., Prato Estates Inc. and Preserve Homes Corp.). Whereas under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”), 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 27, 2017, the Council of the Town enacted By-law Number 6000-17 (the “Zoning By-law”), which Zoning By-law was appealed to the Ontario Municipal Board (the “OMB”); And whereas on January 29, 2018, the OMB made an order, in accordance with subsection 34(31) of the Act, providing that any part of the Zoning By-law not in issue in the appeal shall be deemed to have come into force on the day the Zoning By-law was passed; And whereas the OMB is continued under the name Local Planning Appeal Tribunal (the “LPAT”), and any reference to the Ontario Municipal Board or the OMB is deemed to be a reference to the LPAT; And whereas on March 5, 2019, the Local Planning Appeal Tribunal issued a Memorandum of Oral Decision, under OMB Case No. PL180272 (the “Order”) approving an amendment to the Zoning By-law respecting the lands municipally known as 323 River Ridge Boulevard, following an appeal pursuant to section 34(11) of the Planning Act; Now therefore the Zoning By-law is amended by the Local Planning Appeal Tribunal as follows: 1. The Zoning By-law be and is hereby amended to replace the “Detached Third Density Residential-Exception 281 (R3-281), Zone”, “Detached Fourth Density Residential-Exception 310 (R4-310) Zone” and the "Rural (RU) Zone" categories applying to the lands shown on Schedule "A", attached hereto and forming part of this By-law with "Holding Provision Detached Third Density Residential-Exception 512 (H)(R3-512) Zone", "Holding Provision Detached Fourth Density Residential-Exception 513 (R4-513) Zone" and "Public Open Space (O1) Zone.” 2. The Zoning By-law be and is hereby amended to add the following: “24.512.1 Detached Third Density Residential – Exception 512 (R3-512) Zone 24.512.1 Zone Requirements 24.512.1.1 Siting Specifications Front Yard (minimum) By-law Number 6160-19 Page 2 of 6 Main Building 4.5 m Garage 6.0 m Rear Yard (minimum) 7.0 m Interior Side Yard (minimum) One Side 1.2 m Other Side 0.6 m Exterior Side Yard (minimum) Main Building 3.0 m Garage 6.0 m 24.512.1.2 Building Specifications Lot Coverage (maximum) 45% Height (maximum) 11.0 m 24.512.1.3 Yard Exemption and Setback Encroachment Permitted Notwithstanding the provisions of Section 4.20, open-sided roofed porches, balconies, uncovered terraces, patios and decks not exceeding 3 metres above grade with and without foundation may project a maximum of 2 metres into the required front and exterior side yards provided that no part of the porch is located closer than 2 metres to the front lot line. Steps may encroach into the required front yard provided they are not located any closer than 1 metre to the front and exterior lot lines. Notwithstanding the provisions of Section 4.20, a bay, bow or box window may have a maximum width of 4.5 metres with or without foundations, and a bay, bow or box window or fireplace may project 0.6 metres in the required front, exterior and rear yards. Notwithstanding any other provisions to the contrary, on a corner lot where a daylight triangle or corner rounding 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 or corner rounding. 24.512.1.4 Parking Requirements Driveway Width (maximum) 6.0 m 24.512.1.5 Holding Symbol (H) Notwithstanding the provisions of Section 24.512.1, while the “H” symbol is in place, no person shall, within the lands zoned (H)(R3-512), on Schedule “A” attached hereto, use any lot or erect, alter or use any buildings or structures for any purpose except those uses which existed on the date of the passing of By-law Number 6160-19. Furthermore, no extension or enlargement of the uses which existed on the date of passing of By-law Number 6160-19 shall occur, unless an amendment to By-law Number 6160-19 is approved by the Council of the Corporation of the Town of Aurora and comes into full force and effect. 24.512.1.6 Removal of Holding Symbol (H) By-law Number 6160-19 Page 3 of 6 Prior to the passing of a by-law to remove the "H" Holding symbol from the lands zoned (H)R3-512, 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; and ii) compliance with the relevant policies of the 2B Secondary Plan (OPA No. 30).” 3. The Zoning By-law be and is hereby amended to add the following: “24.513.1 Holding Provision Detached Fourth Density Residential - Exception 513 (H)(R4-513) 24.513.1 Zone Requirements 24.513.1.1 Siting Specifications Lot Area (minimum) 340 m2 Rear Yard (minimum) 7.0 m 24.513.1.2 Yard Exemption and Setback Encroachment Permitted Notwithstanding the provisions of Section 4.20, open- sided roofed porches, balconies, uncovered terraces, patios and decks not exceeding 3 metres above grade with and without foundation may project a maximum of 2 metres into the required front and exterior side yards provided that no part of the porch is located closer than 2 metres to the front lot line Steps may encroach into the required front yard provided they are not located any closer than 1 metre to the front and exterior lot lines. Notwithstanding the provisions of Section 4.20, a bay, bow or box window may have a maximum width of 4.5 metres with or without foundations, and a bay, bow or box window or fireplace may project 0.6 metres in the required front, exterior and rear yards. Notwithstanding any other provisions to the contrary, on a corner lot where a daylight triangle or corner rounding 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 or corner rounding. 24.513.1.3 Parking Requirements Driveway Width (maximum) 6.0 m By-law Number 6160-19 Page 4 of 6 24.513.1.5 Holding Symbol (H) Notwithstanding the provisions of Section 24.513.1, while the “H” symbol is in place, no person shall, within the lands zoned (H)(R3-513), on Schedule “A” attached hereto, use any lot or erect, alter or use any buildings or structures for any purpose except those uses which existed on the date of the passing of By-law Number 6160-19. Furthermore, no extension or enlargement of the uses which existed on the date of passing of By-law Number 6160-19 shall occur, unless an amendment to By-law Number 6160-19 is approved by the Council of the Corporation of the Town of Aurora and comes into full force and effect. 24.513.1.6 Removal of Holding Symbol (H) Prior to the passing of a by-law to remove the "H" Holding symbol from the lands zoned (H)R3-513, or any part thereof, the Town of Aurora shall be satisfied that the following conditions shall be complied with: iii) 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; and iv) compliance with the relevant policies of the 2B Secondary Plan (OPA No. 30).” 3. This By-law shall come into full force subject to compliance with the provisions of the Planning Act, and subject to compliance with such provisions, this By-law will take effect from the date of the Decision. Pursuant to the Order of the Local Planning Appeal Tribunal issued on the 5th day of March, 2019 under OMB Case No. PL180272. By-law Number 6160-19 Page 5 of 6 Explanatory Note RE: By-law Number 6160-19 By-law Number 6160-19 has the following purpose and effect: To amend By-law Number 6000-17, as amended, being the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from the “Detached Third Density Residential-Exception 281 (R3-281), Zone”, “Detached Fourth Density Residential- Exception 310 (R4-310) Zone” and the "Rural (RU) Zone" to "Holding Provision Detached Third Density Residential-Exception 512 (H)(R3-512) Zone", "Holding Provision Detached Fourth Density Residential-Exception 513 (H)(R4-513) Zone" and “Public Open Space (O1) Zone.” The effect of this zoning amendment will rezone the subject property to three different zones, two of which are exception zone categories and will permit a draft plan of subdivision with a total of 25 residential lots consisting of single detached dwelling lots. By-law Number 6160-19 Page 6 of 6 Schedule “A”