BYLAW - LPAT ZBA 13859 13875 13887 Yonge Street (Ashlen Holdings Inc) - 2021 - 634021The Corporation of the Town of Aurora
By-law Number 6340-21
Being a By-law to amend Zoning By-law Number 6000-17, as amended,
respecting the lands municipally known as 13859, 13875 and 13887
Yonge Street (Ashlen Holdings Inc.).
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 in 2016, the Town received an appeal, pursuant to Section 34(11) of the
Planning Act, of the refusal of a zoning bylaw amendment application respecting 13859,
13875 and 13887 Yonge Street (the “Lands”) to amend the zoning by-law in effect at the
time, being By-law No. 2213-78 (the “Former Zoning By-law”), which appeal was assigned
an OMB File No. PL160781;
And whereas before said appeal could be finally disposed of, the Council of the Town
enacted Comprehensive Zoning By-law Number 6000-17 (the “Zoning By-law”), which
Zoning By-law repealed and replaced the Former Zoning By-law and which Zoning By-law
was also appealed to the Ontario Municipal Board (the “OMB”) and which appeal was
assigned OMB File No. 170863;
And whereas in 2017, the Town received a further appeal of the Zoning By-law as it
relates to the Lands, pursuant to Section 34(11) of the Planning Act, to preserve the
appeal of the Former Zoning By-law, and which appeal was assigned OMB File No.
PL170650;
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 December 15, 2017, the OMB issued a decision under OMB Case No.
PL160781, and gave provisional approval to the amendment to the Former Zoning By-law,
with the final order withheld pending the OMB receiving a final version of the amendment
to the Former Zoning By-law;
And whereas on January 29, 2018, the OMB issued an order under OMB Case No.
170863 and OMB Case No. 170650, whereby the parties would jointly seek appropriate
amendments to the Zoning By-law to reflect the decision in OMB Case No. PL160781,
and with the final order being withheld pending the OMB receiving a final version of the
amendment to the Zoning By-law;
And whereas on May 29, 2020, after receiving a final version of the Zoning By-law, the
LPAT issued an order under all of the requisite OMB files (the “Order”) and approved an
amendment to the Zoning By-law respecting the Lands;
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 “Estate Residential
(ER) Zone” zoning category applying to the lands shown in hatching on Schedule
“A” attached hereto and forming part of this By-law with “Detached Third Density
By-law Number 6340-21 Page 2 of 6
Residential R3(506) Exception Zone”; Detached Third Density Residential R3(507)
Exception Zone”; “Public Open Space O1(518) Exception Zone” and “Private Open
Space O2(519) Exception Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
“24.506 Detached Third Density Residential R3(506) Exception Zone
24.506.1 Uses Permitted
• In accordance with Section 7.1.1 hereof
24.506.2 Zone Requirements
24.506.2.1 Lot Specifications
Lot Area (minimum) 1,100.0 square metres
Lot Frontage (minimum) 18.0 metres
24.506.2.2 Siting Specifications
Front Yard (minimum) 7.5 metres
Rear Yard (minimum) 25.0 metres
Interior Side Yard (minimum) 1.5 metres
Exterior Side Yard (minimum) 4.5 metres
24.506.2.3 Building Specifications
Building Height (maximum) 10.0 metres
Garage Width (minimum) 6.0 metres
Lot Coverage (maximum) 30.0%
Notwithstanding any other provisions to the contrary, dually zoned lots may
use the area on the lots zoned O2(519) when calculating lot area, lot frontage,
lot coverage or yards required by this By-law.
24.506.3 Landscaping Specifications
Notwithstanding any other provisions to the contrary, a minimum of 40.0
percent of the lot area shall be preserved in an open landscaped or natural
condition. This 40.0 percent shall not include accessory buildings or
structures, swimming pools or any other covered area with impervious
material.”
3. The Zoning By-law be and is hereby amended to add the following:
“24.507 Detached Third Density Residential R3(507) Exception Zone
24.507.1 Uses Permitted
• In accordance with Section 7.1.1 hereof
24.507.2 Zone Requirements
24.507.2.1 Lot Specifications
Lot Area (minimum) 775.0 square meters
Lot Frontage (minimum) 16.5 meters
By-law Number 6340-21 Page 3 of 6
24.507.2.2 Siting Specifications
Front Yard 7.5 metres
Rear Yard 17.5 metres
Interior Side Yard 1.5 metres
Exterior Side Yard 4.5 metres
24.507.2.3 Building Specifications
Building Height (maximum) 10.0 metres
Garage Width (minimum) 6.0 metres
Lot Coverage (maximum) 35.0%
Notwithstanding any other provisions to the contrary, dually zoned lots may
use the area on the lots zoned O2(519) when calculating the lot area, lot
frontage, lot coverage or yards required by this By-law.
24.507.3 Landscaping Specifications
Notwithstanding any other provisions to the contrary, a minimum of 40.0
percent of the lot area shall be preserved in an open landscaped or natural
condition. This 40.0 percent shall not include accessory buildings or
structures, swimming pools or any other covered area with impervious
material.”
4. The Zoning By-law be and is hereby amended to add the following:
“24.518 Public Open Space O1(518) Exception Zone
24.518.1 Uses Permitted
Notwithstanding the provisions of Section 13.1 respecting permitted uses, the
lands shown zoned “Public Open Space O1(518) Exception Zone” shall not be
used except as follows:
• Conservation Uses
• Trail
• Stormwater Management Ponds
• Municipal Servicing Infrastructure
• Natural Vegetation Plantings
24.518.2 Zone Requirements
No buildings or structures except as may be permitted by Section 13.1.1.2
shall be erected in this zone, apart from necessary public works, whether or
not accessory or ancillary to the uses permitted.”
3. The Zoning By-law be and is hereby amended to add the following:
“24.519 Private Open Space O2(519) Exception Zone
24.519.1 Uses Permitted
Notwithstanding the provisions of Section 13.1 respecting permitted uses, the
lands shown zoned “Private Open Space O2(519) Exception Zone” shall not be
used except as follows:
By-law Number 6340-21 Page 4 of 6
• Natural Vegetation Plantings
• Retaining Walls
24.519.2 Zone Requirements
Notwithstanding the provisions of Section 13.2 respecting minimum zone
requirements, dually zoned lots shall be subject to the minimum zone
requirements of the lots zoned Detached Third Density Residential R3(506)
Exception Zone and Detached Third Density Residential R3(507) Exception
Zone, as applicable.”
5. This By-law shall come into full force and 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 Order.
Pursuant to the Order of the Local Planning Appeal Tribunal issued on May 29, 2020
under OMB Case No. 160781 and OMB Case No. 170863.
By-law Number 6340-21 Page 5 of 6
Explanatory Note
Re: Zoning By-law Number 6340-21
By-law Number 6340-21 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 “Estate Residential ER Zone” to
“Detached Third Density Residential R3(506) Exception Zone”; Detached Third Density
Residential R3(507) Exception Zone”; “Public Open Space O1(518) Exception Zone” and
“Private Open Space O2(519) Exception Zone”. The rezoning will permit 30 single
detached residential dwelling lots, a trail, a proposed public right-of-way, stormwater
management blocks and natural vegetation plantings.
By-law Number 6340-21 Page 6 of 6
Schedule “A”
Location: Part of Lots 15 and 16, Registered Plan 166 East of Yonge Street,
(Geographic Township of King) Town of Aurora, Regional
Municipality of York.
Lands rezoned from “Estate Residential ER Zone” to “Detached
Third Density Residential R3(506) Exception Zone”; Detached Third
Density Residential R3(507) Exception Zone”; “Public Open Space
O1(518) Exception Zone” and “Private Open Space O2(519)
Exception Zone”