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BYLAW - ZBA Implement Recomm Stable Neighbourhood Study - 20190625 - 619019The Corporation of the Town of Aurora By-law Number 6190-19 Being a By-law to amend By-law Number 6000-17, as amended, to implement the recommendations of the Stable Neighbourhood Study. Whereas under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "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 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: The Zoning By-law be and is hereby further amended to add the following: Parent Zone: R3-SN and Map: Schedule "A", Previous Zone: By-laws: R7-SN Exception No.: 497 Map No. 2,4, 5 R3, R7 6000-17 Municipal Address: See Schedules A, B, C and D Legal Description: Various 24.497.2 Definitions Lot Coverage For the purposes of this By-law, the definition of Lot Coverage shall include car ports. Accessory Detached Garage see `Accessory Building or Structure"'. An Accessory Detached Garage is accessed by a driveway and garage door and is intended to be used primarily for the storage of vehicles. Main Wall "means the exterior front, side or rear wall of a building, and all structural members essential to the support of a fully enclosed space or roof." By-law Number 6190-19 Page 2of9 Integral Garage Space "means the aggregate of the floor area between the exterior faces of any exterior walls of the Main Building, that is wholly integrated with the Main Building, and that is accessed by a driveway and garage door. An Integral Garage is intended to be used primarily for the storage of vehicles." Notwithstanding Section 3, the calculation of `Floor Area, Gross', shall include parking spaces. 24.497.3 Zone Requirements 24.497.3.2 Siting Specifications Rear Yard (minimum) 7.5 metres or 25% of the Lot Depth, whichever is greater. Interior Side Yard (minimum) 1.5 metres and 3.0 metres beyond the Main Rear Wall of the adjacent Dwellings 24.497.3.3 Building Specifications Lot Coverage (maximum) 35% or 235 square metres, whichever is less.' or 40% or 215 square metres, whichever is less.2 Gross Floor Area maximum 370 square metres3 Height (maximum) 1. For any building with a flat roof, a roof having a slope of less than 20.0 degrees, or a roof with at least two contiguous slopes, the vertical distance between the finished grade and the highest point of the roof shall not be greater than 9.0 meters. 2. For a main building with a roof other than that described in Clause 1 of this subsection, the vertical distance between the finished grade and the mid -point between the lowest eaves and the highest point of the roof shall not be greater than 9 meters, or 9.9 meters to the highest point of the roof, whichever is less. 1. For a Detached Dwelling with an Integral Garage. 2. For a Detached Dwelling with an Accessory Detached Garage. 3. Inclusive of Integral Garage Space. 24.497.5 Encroachments An Integral Garage or an Accessory Detached Garage shall be flush with, or set back from, the Main front wall of the Detached Dwelling. By-law Number 6190-19 Page 3 of 9 24.497.8 Other Relevant Sections Accessory Detached Structure Gross 40 square metres Floor Area maximum Height of an Accessory Detached 4.5 metres to the peak of the roof or 3.5 Structure metres to the mid -point of the roof, whichever overall height is less. Parent Zone: R7-SN Exception No.: 498 Map: Schedule "A", Map No. 5 Previous Zone: R7(85) Municipal Address: 71 Victoria Street Legal Description: Plan 68 Lot 1 24.498.2 Zone Requirements 24.498.2.1 Siting Specifications Rear Yard minimum 34.8 metres Northerly Side Yard minimum 2.0 metres Southerly Side Yard (minimum) 6.5 metres 24.498.2.2 Building Specifications Height (maximum) 9.0 metres to the midpoint of the roof or 9.9 metres to the peak of the roof, whichever is less. 24.498.3 Parking Parking Requirement for the existing building on the date of passing of this by-law minimum 12 spaces Parent Zone: R3-SN Exception No.: 499 Map: Schedule "A", Map No. 5 previous Zone: R3 Municipal Address: 40, 42, 43, 44, 46, 48, 49, 50, 51, 52, 53, 54, 55, 57, 59, 61, 63, 65 Royal Road Legal Description: PLAN 340 PT LOT 36 PT LOT 37 PLAN 487 PT LOT 14; PLAN 487 LOTS 8 to 24 24.499.3 Zone Requirements 24.499.3.3 Building Specifications Lot Coverage (maximum) 35% for a one storey dwelling 2. The Zoning By-law be and is hereby further amended to add the following: 1.8.1 Any minor variances to By-law Number 6000-17, as amended,that have been approved within the Stable Neighbourhood Area are not impacted by this By-law." 3. The Zoning By-law be and is hereby further amended to add the following: 1.9.2.1 Previously Approved Planning Applications The requirements of this By-law do not apply on a Lot where the following applications were approved by the Town of Aurora or the former Ontario By-law Number 6190-19 Page 4 of 9 Municipal Board or the Local Planning Appeal Tribunal: a) A Site Plan Approval was approved on or before the effective date of By-law Number 6190-19, being a by-law to amend By-law Number 6000- 17, as amended, to implement the recommendations of the Stable Neighbourhood Study and a building permit for the applicable project has not yet been issued b) A provisional consent has been given on or before the effective date of By-law Number 6190-19, being a by-law to amend By-law Number 6000- 17, as amended, to implement the recommendations of the Stable Neighbourhood Study and a building permit for the applicable project has not yet been issued, the Lot has not yet been registered at the Land Registry Office, or the applicable easement or agreement has not yet been registered on title" 4. By adding to Schedule A of the Zoning By-law the lands shown on Schedules "A", "B", "C", and "D" attached hereto known as the "Stable Neighbourhood Area" and forming part of this By-law amendment with "Detached Third Density Residential R3-SN(497) Exception Zone", "Detached Special Mixed Density Residential — R7-SN(497) Exception Zone", "Detached Special Mixed Density Residential — R7-SN(498) Exception Zone", and "Detached Third Density Residential R3-SN(499) Exception Zone". 5. Certain parcels of land on Schedules "A", "B", "C", and "D" attached hereto known as the "Stable Neighbourhood Area" R3-SN(497), R7-SN(497), R7- SN(498), and R3-SN(499) shall be subject to the provisions of this By-law amendment. In the event of a conflict between the provisions of this By-law Exception and the provisions of the Zoning By-law, the provisions of this Exception shall apply. 6. This By-law shall come into full force subject to compliance with the provisions of the Act 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 25th day of June, 2019. Mrakas, Mayor Michael de Rond, Town Clerk By-law Number 6190-19 Page 5 of 9 Explanatory Note Re: By-law Number 6190-19 By-law Number 6190-19 has the following purpose and effect: To amend By-law Number 6000-17, as amended, the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from "Detached Third Density Residential R3" to "Detached Third Density Residential - R3-SN(497) Exception Zone"; "Detached Seventh Density Residential R7" to "Detached Seventh Density Residential — R7- SN(497) Exception Zone;" "Detached Special Mixed Density Residential R7(85) Exception Zone" to "Detached Special Mixed Density Residential R7-SN(498) Exception Zone"; and "Detached Third Density Residential R3" to "Detached Third Density Residential R3-SN(499)". The effect of this zoning by-law amendment will rezone the subject properties to implement the findings of the Stable Neighbourhood Area Study. By-law Number 6190-19 Page 6 of 9 Schedule "A" Location: Town of Aurora, Regional Municipality of York Lands rezoned from "Detached Third Density Residential R3" to "Detached Third Density Residential R3-SN(497) Exception Zone", hereto known as the "Stable Neighbourhood Area". M 1��;� M it R,. Ali NONE r�111lr ■IIIIIC �■■■ 1++ ;��•" ��fi�llN� MOORE= MINIMUM 0 m milli I bm .pump ICI �� 1�� ````� ' = MAIN 211 '90511- fro W, I g"M W=___ pnom INS Wilid, WM MOM IMIM = fill III Osm XM RM MON Un U; EME Ma FAW SOM a Mom W:W -_ Mms mum= WE III His 111= = ' 1111 11111111li polls fill I IMMUNE 03 ,ON \IIIIIIIIII ,• �\IIIIII//�\1111I//: 11111111111/� wggd By-law Number 6190-19 Page 7 of 9 Schedule "B" Location: Town of Aurora, Regional Municipality of York Lands rezoned from "Detached Third Density Residential R3" to "Detached Third Density Residential R3-SN(497) Exception Zone", hereto known as the "Stable Neighbourhood Area". �Il�lIIl11gic/1�1� ��1lIIIIII ,�\II �1//11/Iio/1///////111�.® 111_ AM Am Eau sm RW �� ' /��1111//1� � �11l�111111111 111111111111/�� NI : illllll • ■ : �� r�� spa .. Y .%/111111/1111111111I111�i1 l��lllAW1! 11111111!llllil!/////1/ �\ PRIM FOR IN 1111 Bill as ISM Ma MoilsSM Ok ilk f ♦ �� II�i �111111,111111111111=111 //i��,� lllllllr�ll �_ �e�l�l�� MIIIIIIIIIIIIIi mom Ewa to =� _ NUNS all James Henry Dr R8158F, ��IIIIIIIIII►�� By-law Number 6190-19 Page 8 of 9 Schedule "C" Location: Town of Aurora, Regional Municipality of York Lands rezoned from "Detached Third Density Residential R3" to "Detached Third Density Residential R3-SN(497) Exception r Zone", and "Detached Special Mixed Density Residential R7" to "Detached Special Mixed Density Residential R7-SN(497) Exception Zone", hereto known as the "Stable Neighbourhood Area". Church MONIM MOW IN SW -1 By-law Number 6190-19 Page 9 of 9 Schedule “D” Location: Town of Aurora, Regional Municipality of York Lands rezoned from “Detached Third Density Residential R3” to “Detached Third Density Residential R3-SN(497) Exception Zone”; and “Detached Special Mixed Density Residential R7” to “Detached Special Mixed Density Residential R7-SN(497) Exception Zone”; “Detached Special Mixed Density Residential R7(85) Exception Zone” to “Detached Special Mixed Density Residential R7-SN(498) Exception Zone”; and “Detached Third Density Residential R3” to “Detached Third Density Residential R3-SN(499)”, hereto known as the “Stable Neighbourhood Area”.