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BYLAW - ZBA 20 and 25 Mavrinac Blvd TFP Aurora Inc. - 20210928 - 637421The Corporation of the Town of Aurora By-law Number 6374-21 Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 20 and 25 Mavrinac Boulevard (TFP Aurora Inc.). Whereas under section 34 of the Planning Act, R.S.O. 1 9 €)0, c. P.13, as amended (the l'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 Corporation of the Town of Aurora (the IlTown") enacted By-law Number 6000-17 (the l'Zoning By-law"), which Zoning By-law was appealed to the Ontario Municipal Board (the I'OMB"); And whereas on January 29, 2018, the OMB made an order, in accordance with subsection 34(31 ) of the Planning 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 and the Local Planning Appeal Tribunal (the "LPATI') is continued under the name Ontario Land Tribunal (the "Tribunal"), and any reference to the Ontario Municipal Board or OMB or Local Planning Appeal Tribunal or LPAT is deemed to be a reference to the Tribunal; 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 l'Holding Provision Business Park (H)E-BP(313) Exception Zone" and IlBusiness Park E-BP(313) Exception Zone" categories applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law with l'Detached Fourth Density Residential R4(538) Exception Zone", l'Townhouse Dwelling Residential R8(539) Exception Zone" and "Second Density Apartment Residential RA2(540) Exception Zone". 2. The Zoning By-law be and is hereby amended to add the following: "24.538 Detached Fourth Density Residential R4(538) Exception Zone Parent Zone: R4 Exception No.: 538 Map: 8 Previous Zone: E-BP(313), (H)E- BP(313) Previous By-Jaws: 4406-03.D Municipal Address: 20 and 25 Mavrinac Boulevard Legal Description: Blocks 1, 2 and 6 on Plan 65M-3852, and Part of Lot 21, Concession 2, designated as Part 1 on Plan 65R-39363 By-law Number 6374-21 Page 2 of 9 24.538.1 Zone Requirements For the purpose of measuring front and exterior side yard setbacks on corner lots with rounding's and daylighting triangles, the property line shall be deemed to be the extension of the front and exterior side yard lot lines to the point of intersection 24.538.1.1 Lot Specifications LotArea (minimum) i 310.0 square metres 24.538.1.2 Siting Specifications Rear Yard (minimum)7.0 metres Exterior Side Yard (minimum)3 metres (to the main building) 5 metres (to the Garage accessed over an exterior lot line) * Notwithstanding the above, for units with an exterior yard flanking a private road, the minimum exterior side yard shall be 2 metres 24.538.1.3 Building Specifications Lot Coverage (maximum)55o/o Interior Garage Width - double 5.4 metres (minimum) 6.2 metres (maximum) Interior garage steps shall not encroach into the minimum required parking space of 2.7 metres by 5.3 metres. 24.538.2 Encroachments Structure or Feature Applicable Yard Maximum Encroachment into a Minimum Yard Bay, bow or box window with or without foundations up to 4.5 metres in width Front, Rear and Exterior Side Yards 1.0 metre Interior Side Yards 0.33 metres Steps, Landings All Yards 0.3 metre setback from lot line 24.538.3 Parking Driveway Width - double (maximum)i6.0 metres" 3. The Zoning By-law be and is hereby amended to add the following: "24.539 Townhouse Dwelling Residential R8(539) Exception Zone Parent Zone: R8 Exception No.: 539 Map:8 Previous Zone: E-BP(313), (H)E- BP(313) Previous By-laws: 4406-03.D Municipal Address: 20 and 25 Mavrinac Boulevard Legal Description: Blocks 1, 2 and 6 on Plan 65M-3852, and Part of Lot 21, Concession 2, designated as Part 1 on Plan 65R-39363 By-law Number 6374-21 Page 3 of 9 ' 24.539.1 Permitted Uses Only the following uses are permitted: * Dwelling, Detached * Dwelling, Back to Back Townhouse, which shall include a unit vertically divided by a common rear and interior wall and has an independent entrance to the Dwelling Unit from the outside, which is accessed through the front or exterior side yard * Dwelling, Townhouse * Home Occupation * Private Park * Stormwater Management 24.539.1.1 Maximum Number of Units: Dwelling, Detached * One (1) on the lands zoned R8(XX) on the west side of Mavrinac Boulevard only Dwelling, Back-to-Back Townhouse * 66 on the lands zoned R8(XX) on the west side of Mavrinac Boulevard * 22 on the lands zoned R8(XX) on the east side of Mavrinac Boulevard Dwelling, Townhouse * 63 on the lands zoned R8(XX) on the west side of Mavrinac Boulevard * 59 on the lands zoned R8(XX) on the east side of Mavrinac Boulevard 24.539.1.2 Maximum Number of Attached Dwelling Units: Notwithstanding Section 7.5.6.1, a maximum of nine (9) units of townhouse housing may be attached in a continuous row on the west side of Mavrinac Boulevard adjacent to Wellington Street East. 24.539.2 Zone Requirements Notwithstanding, the definition of Lot in Section 3 of this By-law, for the purposes of this zone category a lot shall be deemed to mean the whole of one Lot fronting on a private right-of-way as shown on a registered plan of condominium pursuant to the Condominium Act, 1998 and the yard requirements and other provisions of the by-law shall be applied to each unit situated on each individual lot. In addition to the definition of a Street or Road, Public, for the purposes of this zone category a public street or road shall also include a private right-of-way as shown on a registered plan of condominium pursuant to the Condominium Act, 1998. For the purpose of this zone category the Lot Line along a private right-of-way as shown on a registered plan of condominium pursuant to the Condominium Act, 1998 is deemed to be the Lot Frontage. For the purpose of measuring front and exterior side yard setbacks on corner lots with rounding's and daylighting triangles, the property line shall be deemed to be the extension of the front and exterior side yard lot lines to the point of intersection. 24.539.2.1 Lot Specifications Lot Area (minimum): Dwelling, Detached 370 square metres Dwelling, Back-to-Back Townhouse 75 square metres By-law Number 6374-21 Page 4 of 9 Dwelling, Townhouse 175 square metres, except that the minimum lot area of townhouse dwellings abutting Wellington Street East or Mavrinac Boulevard is 125 square metres Lot Frontage (minimum): Dwelling, Detached 8.5 metres Dwelling, Back-to-Back Townhouse 6.1 metres Dwelling, Townhouse 6.4 metres 24.539.2.2 Siting Specifications Front Yard (minimum)3.0 metres (to main building) 5.5 metres (to garage) @ Notwithstanding the above, for townhouse dwelling units with Rear Yards abutting Wellington Street East or Mavrinac Boulevard, 1.0 metres to the main building, and 5.3 metres to the garage Interior Side Yard (minimum)1.2 metres, except that: * Back-to-Back Townhouse and Townhouse units are permitted to have a minimum interior side yard of 0.0 metres along a shared common wall Exterior Side Yard - Main Building (minimum) 2.0 metres, except that: * the minimum exterior side yard for a Detached Dwelling to Wellington Street East is 7.0 metres * the minimum exterior side yard for Back-to-Back Townhouse is 1.2 metres to a private road Rear Yard (minimum)7.0 metres, except that: * the minimum rear yards for units abutting Wellington Street East is 6.0 metres * the minimum rear yards for units abutting Mavrinac Boulevard is 3.0 metres * the minimum rear yard for back-to- back townhouses is 0.0 metres along a shared common wall 24.539.2.3 Building Specifications Lot Coverage (maximum)* 40o* for a Detached Dwelling * Not applicable to Townhouse or Back-to-Back Townhouse Units Height (maximum)11 metres, except that: @ The maximum building height for townhouse dwellings abutting Wellington Street East or Mavrinac Boulevard, and Back-to-Back By-law Number 6374-21 Page 5 of 9 Townhouses is 12 metres Interior Garage Width of a Detached Dwelling - double 5.4 metres (minimum) 6.2 metres (maximum) 24.539.2.4 Amenity Area Notwithstanding the provisions of Section 7.5.2, a minimum of 5.0 square metres of amenity area shall be provided per dwelling unit 24.539.2.5 Encroachments Structure or Feature Applicable Yard Maximum Encroachment into a Minimum Yard Bay, bow or box window with or without foundations up to 4.5 metres in width Front, Rear and Exterior Side Yards 1.0 metre Interior Side Yards 0.33 metres Steps, Landings All yards In no case shall be closer than 0.3 metres from the lot line Open-sided Roofed Porches, Covered and Uncovered Terraces, Patios, Decks (up to and including the second storey) Front Yard 2.0 metres, except that: * Shall be no closer than 1.0 metre to the property line for townhouse dwelling units with Rear Yards abutting Wellington Street East and Mavrinac Boulevard Exterior Side Yard In no case shall be closer than 1.0 metre from the exterior side lot line except for: * Single detached dwelling unit, maximum encroachment is 2.5 metres Rear Yard 3.7 metres, except that: * For townhouse dwelling units with Rear Yards abutting Mavrinac Boulevard, maximum encroachment is 2.0 metres but shall be no closer than 1.0 metres to the property line. Balconies Front Yard 2.0 metres into the Front Yard, and in no case shall be closer than 1.0 metre to the property line By-law Number 6374-21 Page 6 of 9 I Exterior Side Yard ' 2.0 metres into the Exterior Side Yard except that * Back-to-Back units shall have a maximum encroachment of 0.6 metres into an Exterior Side Yard and in no case shall they be closer than 0.6 metres to the property line * In no case shall townhouse dwelling units be closer than 1.0 metre to the property line Interior Side Yard 0.0 metre setback from the interior lot line, provided it is a shared common lot line between attached units. Rear Yard 2.5 metres into the Rear Yard except that For units with Rear Yards abutting Mavrinac Boulevard, in no case shall they be closer than 1.0 metre to the property line 24.539.2.6 Central Air Conditioners and Heat Pumps Notwithstanding Section 4.1.5 (a), Central air conditioners and/or heat pumps shall only be permitted in front and side yards for units adjacent to Wellington Street East and Mavrinac Boulevard. 24.539.2.7 Parking Driveway Width - double (maximum) i', 6.0 metres" 4. The Zoning By-law be and is hereby amended to add the following: "24.540 Second Density Apartment Residential RA2(540) Exception Zone Parent Zone: RA2 Exception No.: 540 I Map:8 I I E-BP(313) IPrevious Zone: I lP44reOv6ioOu3s0DBy-jaws: Municipal Address: 20 and 25 Mavrinac Boulevard Legal Description: Blocks 1, 2 and 6 on Plan 65M-3852, and Part of Lot 21, Concession 2, designated as Part 1 on Plan 65R-39363 By-law Number 6374-21 Page 7 of 9 24.540.1 Permitted Uses Only the following uses are permitted: * A maximum of 86 Apartment Dwelling Units * Retirement Home 24.540.2 Zone Requirements 24.540.2.1 Lot Specifications Lot Area (minimum)0.75 hectares 24.540.2.2 Siting Specifications Wellington Street East or a reserve abutting Wellington Street East, shall be deemed to be the front lot line Mavrinac Boulevard or a reserve abutting Mavrinac Boulevard, shall be deemed to be the exterior lot line. Front Yard - Main Building (minimum)6.0 metres Exterior Side Yard (minimum)6.0 metres Interior Side Yard (minimum)6.0 metres 24.540.2.3 Building Specifications Lot Coverage (maximum)45o/o Height (maximum)26 metres (6 storeys) 24.540.2.4 Amenity Area Notwithstanding the definition of 'lFloor Area, Gross" contained within Section 3, the following definition shall apply: * Enclosed rooftop amenity space of up to 100 square metres in area will not be considered Floor Area, Gross. Notwithstanding the provisions of Section 7.5.2, a minimum of 18 square metres per Apartment Dwelling Unit of amenity area shall be provided through a combination of shared indoor building amenities and/or private balconies. 24.540.2.5 Landscaping Strip A landscaping strip of 1.0 metres in width containing an opaque fence with a minimum height of 1.5 metres is required for any lot on lands zoned Multiple Residential adjacent to any Residential Zone. 24.540.2.7 Parking Dwelling Unit - Apartment Building (minimum) 1 parking space per dwelling unit plus 0.2 visitors parking spaces per dwelling unit Retirement Home (minimum)0.35 parking spaces per suite Bicycle Parking (minimum)17 spaces" 5.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 final passage hereof. /Tom Mrakas, Mayor Michael de Rond. Town Clerk Enacted by Town of Aurora Council this 28th day of September, 2021. By-law Number 6374-21 Page 8 of 9 Explanatory Note Re: By-law Number 6374-21 By-law Number 6374-21 has the following purpose and effect: To amend By-law Number 6000-1 7, as amended, the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from "Business Park Holding ((H)E-BP(313)) Exception Zone" and " Business Park (E-BP(313)) Exception Zone" to: a) "Detached Fourth Density Residential R4(538) Exception Zone"; b) "Townhouse Dwelling Residential R8(539) Exception Zone"; and, c) "Second Density Apartment Residential RA2(540) Exception Zone". The rezoning will permit a draft plan of subdivision with a total of up to 333 dwelling units consisting of single detached dwelling lots, street townhouses, rear lane townhouses, back-to-back townhouses, and a Supportive Housing (Senior Citizens') Building which includes apartment dwelling units and retirement suites. By-law Number 6374-21 Page 9 of 9 Schedule "A" Location:Blocks 1, 2 and 6 on Plan 65M-3852, and Part of Lot 21, Concession 2, designated as Part 1 on Plan 65R-39363, Town of Aurora, Regional Municipality of York Lands rezoned from "Holding Provision Business Park (H)E- BP(313) Exception Zone" and "Business Park E-BP(313) Exception Zone" to IlDetached Fourth Density Residential R4(538) Exception Zone" "Townhouse Dwelling Residential R8(539) Exception Zone" and l'Second Density Apartment Residential RA2(540) Exception Zone". Irliiala:Ittii:iilll'l).' )<i.'uxti(;ri:.:r.t-'rx! 13) l'a R4(:110) ' 'v":ftXt) L')} !-" > ( 'tl} !.'}!'.L)} '..' Rag'. ){1 y i""nnvu""iiii',l,I,,,,,llll @ " 4aa'(!(lu}'i,fW" WrjF""lia:" a a H ii l j a'l :, < , uS} , ( ,') Th (:l tl) ;' M ;' -iiii,il ,',',i-, ,755:38)A,,,',7 ','1, ::"J."' 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