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By-law - Amend 600017 ZBA 15356 Yonge St - 20220712 - 6440-22The Corporation of the Town of Aurora By-law Number 6440-22 Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 15356 Yonge Street (File No. ZBA-2017-06). 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 Corporation of the Town of Aurora (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 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 “LPAT”) 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 “Environmental Protection – EP” and “Environmental Protection – EP(381) – Exception” zoning category applying to the lands shown in hatching on Schedule “A” attached hereto and forming part of this By-law with “Promenade Downtown Shoulder – Special Mixed Density Residential – PDS4(380) –Exception Zone”. 2. The Zoning By-law be and is hereby amended to add the following: Parent Zone: PDS4 Exception No.: 380 Map: Schedule “A”, Map No.2 Previous Zone: R6-55 Previous By-laws: 5173-09 Municipal Address: 15356 Yonge Street Legal Description: Lot 13 and Part of Lot 14, Registered Plan 246 (From CityView data, for information purposes only) 24.380.1 Zone Requirements In addition to the uses permitted in Section 8.1, the lands zoned PDS(380) may also be used for one apartment building By-law Number 6440-22 Page 2 of 5 24.380.2 Lot Specifications & Siting Specifications for Apartment Building Lot Coverage (maximum) 45% Height (maximum) 20 metres Interior Side Yard – South Yard (minimum) 0.3 metres Interior Side Yard - North Yard (minimum) 1.4 metres Separation from Single Detached Dwelling on the lot zoned PDS4(380) (minimum) 12 metres 24.380.3 Parking Manoeuvring Space (90 degree spaces) (minimum) 6.0 metres Parking Area Location Parking Areas may be located within a building 24.380.4 Amenity Interior Amenity Area (minimum) 40 square metres Outdoor Amenity Area (minimum) 100 square metres 24.380.5 Landscaping Strip Minimum Landscaping Strip Width – Property Line Segment 1 as per Figure 24.380.8 1.5 metres Minimum Landscaping Strip Width – Property Line Segment 2 as per Figure 24.380.8 7 metres Minimum Landscaping Strip Width – Property Line Segment 3 as per Figure 24.380.8 0.5 metres Minimum Landscaping Strip Width – Property Line Segment 4 as per Figure 24.380.8 3 metres No other Landscaping Strip shall be required for any area not identified as a Property Line Segment as per Figure 24.380.8 Provision 4.8 of this By-law shall not apply Balconies shall be permitted to project into a required Landscaping Strip 24.380.6 Natural Hazards (NH) Overlay Zone Notwithstanding Provision 2.6 (b) of this By-law, parking spaces may be provided in a Natural Hazard Overlay Zone 24.380.7 If a building permit has not been issued under the Building Code for any building or structure so authorized within three (3) years from enactment of the By- law Number XXXX-22, then By-law Number XXXX-22 shall automatically repeal and if so repealed, the zoning of the lands will revert to the original zoning. By-law Number 6440-22 Page 3 of 5 24.380.8 Figure - "=-=-Li-S-----Ll -l r-;,I,,. ,,,.;1,,,,> €N -1, 7_ p ai f =--- - ___. ...._, LLJ El uj O)I I . f"""" --'-' ---'- "---""""'-' =- - "a'= ---- -'-m'J :J [F-(D I 1. ....t- - - - - - -' -- -- - -- - - '- -' - -i SU) E -- ail (Q 31 LL!0'!1. Za) -:.;'a , ia_ I " t """" o P )- a - - - . - , Property Line Segment 3 : } I Property Line Segment 4 ' t .!___z___---J' ... ... SI ' a" s i :I z li. I t J _ 07 j 'L- j I _, _..__,_.,1. Property Line Segment 3 lit Pioperty Line Segmer.t 4 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. Enacted by Town of Aurora Council this 12th day of July, 2022. AM, Michael de Rond, Town Clerk By-law Number 6440-22 Page 4 of 5 Explanatory Note Re: By-law Number 6440-22 By-law Number 6440-22 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 shown in hatching on Schedule “A” attached hereto and forming part of this By-law from “Environmental Protection (EP) Zone” and “Environmental Protection – EP(381) – Exception Zone” to “Promenade Downtown Shoulder – Special Mixed Density Residential – PDS4(380) – Exception Zone”, and to establish new site-specific provisions for the PDS4(380) Exception Zone. The effect of this zoning amendment will recognize the existing single detached dwelling and allow for the erection of an apartment building to the rear. The zoning amendment will also add by-law exceptions to the siting specification, building specification, parking and landscaping strip provisions. By-law Number 6440-22 Page 5 of 5 Schedule “A” Location: Lot 13 and Part of Lot 14, Registered Plan 246, Town of Aurora, Regional Municipality of York Lands rezoned from “Environmental Protection Zone – EP” and “Environmental Protection Exception Zone - EP(381)” to “Promenade Downtown Shoulder - Special Mixed Density Residential - PDS4(380) - Exception Zone”