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By-law - OLT Amend 6000-17 Zoning Bylaw Amendment, 1289 Wellington St East (File ZBA-2022-02) - 20240824 - 6627-24 The Corporation of the Town of Aurora By-law Number 6627-24 Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 1289 Wellington Street East (File No. ZBA-2022-02). 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 on August 26, 2024, the Tribunal issued an order, under OLT Case No. OLT-22-004187 (the “Order”) approving an amendment to the Zoning By-law respecting the lands municipally known as 1289 Wellington Street East, following an appeal pursuant to section 34(11) of the Planning Act; Now therefore the Zoning By-law is amended by the Ontario Land Tribunal as follows: 1. The Zoning By-law be and is hereby amended to replace the “Rural RU Zone” and “Rural RU-ORM Zone” category applying to the lands shown in hatching on Schedule “A” attached hereto and forming part of this By-law with “Townhouse Dwelling Residential R8(558) Exception Zone”, “Second Density Apartment Residential RA2 (559) Exception Zone“, Detached Fifth Density Residential R5(560) Exception Zone”, and “Environmental Protection EP Zone”. 2. The Zoning By-law be and is hereby amended to add the following: “24.558 Townhouse Dwelling Residential R8(558) Exception Zone Parent Zone: R8 Exception No.: 558 Map: 9 Previous Zone: RU / RU-ORM By-laws: Municipal Address: 1289 Wellington Street East Legal Description: Part of Lot 20, Concession 2 (AW), designated as Part 10, Plan 65R- 36523, Town of Aurora By-law Number 6627-24 Page 2 of 10 24.558.1 Permitted Uses • Home occupation (1) - (1) Subject to Section 4.6 of Zoning By-law 6000-17 • Dwelling, Townhouse • Back-to-back, Townhouse 24.558.2 Property Specification Notwithstanding any definitions in Section 3 of By-law 6000-17, for the purpose of this zone category Total Property Coverage is calculated based on the entire property area of 1289 Wellington St E delineated on Schedule A, with an approximate property area of 14.5 acres, and is the percentage covered by all buildings but excludes decks attached to buildings, balconies, open porches and decks, bay windows, fireplaces, landings and steps, Pools including perimeter decking which forms part of an above ground Pool, and any part of a building which is completely below grade. Total Property Coverage (maximum) 45% 24.558.3 Lot Specification Notwithstanding the provisions of By-law 6000-17, for the purpose of this zone category below grade structures shall have a minimum setback of 1.5 metres from a Public Highway or Street or Road, Public. Notwithstanding, the definition of Lot in Section 3 of By-law 6000-17, 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, and the yard requirements and other provisions of the by-law shall be applied to each unit situated on each individual lot. Notwithstanding the definition of Yard in Section 3 of By-law 6000-17, for the purpose of this zone category a Yard means an open, uncovered space on a Lot between the nearest above grade wall of the Main Building and a Lot Line. Notwithstanding the provisions of By-law 6000-17, for the purpose of this zone category parking spaces located in driveways of a dwelling unit shall be included toward the minimum resident and visitor parking requirement. Notwithstanding the provisions of Section 5.3.1 of By-law 6000-17, for the purpose of this zone category Tandem Parking spaces may include a combination of a parking space internal of a garage and external on a driveway. 24.558.4 Site Specifications Lot Area (minimum) 125 m2 Lot Frontage (minimum) 18 metres (5.5 metres per unit) Front Yard (minimum) 4.0 metres Rear Yard (minimum) 3.5 metres By-law Number 6627-24 Page 3 of 10 Interior and Exterior Side Yard (minimum) 0 metres Lot Coverage (maximum) 70% 24.558.5 Parking Standards Minimum Parking Requirement 1.5 spaces per dwelling unit, minimum 20% of spaces provided shall be set aside for visitor parking 24.558.6 Yard Encroachments Permitted Open porches, uncovered terraces and decks (3.2m in height or less) Front Yard - 4.0 metres Steps, Landings 2.8 metres In no case shall be closer than 2.5 metres from the Front Lot Line 24.558.7 Building Specifications Height (maximum) 11.0 metres” 3. The Zoning By-law be and is hereby amended to add the following: “24.559 Second Density Apartment Residential RA2 (559) Exception Zone Parent Zone: RA2 Exception No.: 559 Map: 9 Previous Zone: RU / RU-ORM By-laws: Municipal Address: 1289 Wellington Street East Legal Description: Part of Lot 20, Concession 2 (AW), designated as Part 10, Plan 65R-36523, Town of Aurora 24.559.1 Permitted Uses • No more than Four Apartment Buildings per Lot 24.559.2 Property Specification Notwithstanding any definitions in Section 3 of By-law 6000-17, for the purpose of this zone category Total Property Coverage is calculated based on the entire property area of 1289 Wellington St E delineated on Schedule A, with an approximate property area of 14.5 acres, and is the percentage covered by all buildings but excludes decks attached to buildings, balconies, open porches and decks, bay windows, fireplaces, landings and steps, Pools including perimeter decking which forms part of an above ground Pool, and any part of a building which is completely below grade. By-law Number 6627-24 Page 4 of 10 Total Property Coverage (Maximum) 45 % 24.559.3 Lot Specifications Notwithstanding the provisions of By-law 6000-17, for the purpose of this zone below grade structures shall have a minimum setback of 1.5 metres from a Public Highway or Street or Road, Public. Notwithstanding, the definition of Lot in Section 3 of By-law 6000-17, 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. Notwithstanding the definition of Yard in Section 3 of By-law 6000-17, for the purpose of this zone category a Yard means an open, uncovered space on a Lot between the nearest above grade wall of the Main Building and a Lot Line. Notwithstanding the definitions in Section 3 of By-law 6000-17, for the purpose of this zone structures shall have a minimum setback of 1.5 metres from a Public Highway or Street or Road, Public. Notwithstanding, the definition of Lot in Section 3 of By-law 6000-17, 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. Notwithstanding the definition of Yard in Section 3 of By-law 6000-17, for the purpose of this zone category a Yard means an open, uncovered space on a Lot between the nearest above grade wall of the Main Building and a Lot Line. Notwithstanding the definitions in Section 3 of By-law 6000-17, for the purpose of this zone category the Lot Line, Front, means the lot line as the curb of a private right-of- way. Notwithstanding the definitions in Section 3 of By-law 6000-17, for the purpose of this zone category the Lot Line along a private right-of-way is deemed to be the Lot Frontage For the purpose of measuring rear and interior/exterior side yard setbacks on lots with roundings, daylighting triangles or irregular lot lines, the lot line shall be deemed to be the extension of the rear and side yard lot lines to the point of intersection. Notwithstanding the requirements of Section 7.4 of By-law 6000-17, for the purpose of this zone category Lot Coverage (maximum) and Lot Area (minimum) shall not apply. Notwithstanding the definitions in Section 3 of By-law 6000-17, for the purpose of this zone category in calculating the height of a Building, any construction used as an ornament, amenity, or for the mechanical operation of the Building including but not limited to chimney, tower, elevator shaft, cupola or steeple shall not be included. 24.559.3 Site Specifications Front Yard (minimum) 2.0 metres Rear Yard (minimum) 1.5 metres Interior Side Yard (minimum) 2.5 metres Exterior Side Yard (minimum) 2.0 metres Landscaping Strip Notwithstanding Section 4.8 of By-law 6000- 17, only a minimum 1.5 metre wide By-law Number 6627-24 Page 5 of 10 continuous landscaping strip is required fronting a Public Right-of-Way. Access ramps or Driveways shall be permitted to cross such landscaping strips. 24.559.4 Building Specifications Height (maximum) 28.0 metres or 7 storeys, whichever is less Building Step-Backs (See Schedule B) Building A and D: Subject to side yard building step-backs at the 5th, 6th and 7th Storeys as shown on Schedule B, with a minimum depth of 3.0 metres. Building B and C: Subject to side yard building step-backs at the 5th, 6th and 7th Storeys on one side as shown on Schedule B, with a minimum depth of 3.0 metres; and Subject to side yard building step-back at the 7th Storey on the other side as shown on Schedule B, with a minimum depth of 2.0 metres. 24.559.5 Parking Standards Minimum Parking Requirement 1.0 spaces per dwelling unit, minimum 20% of spaces provided shall be set aside for visitor parking.” 4. The Zoning By-law be and is hereby amended to add the following: “24.560 Detached Fifth Density Residential R5 (560) Exception Zone Parent Zone: R5 Exception No.: 560 Map: 9 Previous Zone: RU / RU-ORM By-laws: Municipal Address: 1289 Wellington Street East Legal Description: Part of 20, Concession 2 (AW), designated as Part 10, Plan 65R-36523, Town of Aurora 24.560.1 Permitted Uses • Dwelling, Detached • Home Occupation (1) By-law Number 6627-24 Page 6 of 10 - (1) Subject to Section 4.6 of Zoning By-law 6000-17 24.560.2 Property Specification Notwithstanding any definitions in Section 3 of By-law 6000-17, for the purpose of this zone category Total Property Coverage is calculated based on the entire property area of 1289 Wellington St E delineated on Schedule A, with an approximate property area of 14.5 acres, and is the percentage covered by all buildings but excludes decks attached to buildings, balconies, open porches and decks, bay windows, fireplaces, landings and steps, Pools including perimeter decking which forms part of an above ground Pool, and any part of a building which is completely below grade. Total Property Coverage (Maximum) 45 % 24.560.2 Lot Specifications Notwithstanding the provisions of By-law 6000-17, for the purpose of this zone category parking spaces located in driveways of a dwelling unit shall be included toward the minimum resident and visitor parking requirement. Notwithstanding, the definition of Lot in Section 3 of By-law 6000-17, 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, and the yard requirements and other provisions of the by-law shall be applied to each unit situated on each individual lot. For the purpose of measuring rear and interior/exterior side yard setbacks on lots with roundings, daylighting triangles or irregular lot lines, the lot line shall be deemed to be the extension of the rear and side yard lot lines to the point of intersection. Notwithstanding the provisions of Section 5.3.1 of By-law 6000-17, for the purpose of this zone category Tandem Parking spaces may include a combination of a parking space internal of a garage and external on a driveway. Notwithstanding the requirements of Section 7.5 of By-law 6000-17, for the purpose of this zone category Amenity Area minimum requirements shall not apply. 24.560.3 Lot Specifications Lot Area (minimum) 250 m2 Front Yard (minimum) 6.0 metres Rear Yard (minimum) 7.0 metres Side Yard (minimum) 1.0 metres Lot Coverage (maximum) 50 % 24.560.4 Building Specifications Height (maximum) 12.5 metres By-law Number 6627-24 Page 7 of 10 24.560.4 Parking Standards Minimum Parking Requirement 2.0 spaces per unit” 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 the Order. Pursuant to the Order of the Ontario Land Tribunal issued on the 24th day of August 2024, under OLT Case No. OLT-22-004187. By-law Number 6627-24 Page 8 of 10 Explanatory Note Re: By-law Number 6627-24 By-law Number 6627-24 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 “Rural RU Zone” and “Rural RU-ORM Zone” to “Townhouse Dwelling Residential R8(558) Exception Zone”, “Second Density Apartment Residential RA2 (559) Exception Zone“, Detached Fifth Density Residential R5(560) Exception Zone”, and “Environmental Protection EP Zone”. The rezoning will permit a multi-unit development with a maximum of 40 three (3) storey townhouse dwelling units, 8 three (3) storey detached dwelling units, and 698 apartment dwelling units contained within 4 seven (7) storey apartment buildings, private roads and open space areas. Lands Subject to Rezoning from 'RU' to 'RA2(559)' Lands Subject to Rezoning from 'RU' to 'R8(558)' Lands Subject to Rezoning from 'RU' to 'EP' WELLING T O N S T E LESLIE STDON HILLOCK D R O2(249) C3(11) C4(464) RUI C3(328) RU E-BP EP EP R3 (482) Lands Subject to Rezoning from 'RU' to 'R5(560)' TOUCH G O L D C R E S EP 7GLIHYPI%XS&]PE[2YQFIV N LANDS TO BE REZONED FROM THE RURAL 'RU' ZONE TO THE SECOND DENSITY APARTMENT RESIDENTIAL RA2(559) EXCEPTION ZONE. LANDS TO BE REZONED FROM THE RURAL 'RU' ZONE TO THE TOWNHOUSE DWELLING RESIDENTIAL R8(558) EXCEPTION ZONE. LANDS TO BE REZONED FROM THE RURAL 'RU' ZONE TO THE DETACHED FIFTH DENSITY RESIDENTIAL R5(560) EXCEPTION ZONE. LANDS TO BE REZONED FROM THE RURAL 'RU' ZONE TO THE ENVIRONMENTAL PROTECTION (EP) ZONE. OAK RIDGES MORAINE BOUNDARY 1289 WELLINGTON STREET EAST, PART OF LOT 20, CONCESSION 2 TOWN OF AURORA 0 10050 SCALE 1:3,000 150 2001289 WELLINGTON STREET EAST, PART OF LOT 20, CONCESSION 2 TOWN OF AURORA WELLING T O N S T E LESLIE STDON HILLOCK D R TOUCH G O L D C R E S 2m2m3m 3m 3m 3m3m3m3m 3m 3m 3m 3m 3m 3m3m3m3m3mN 3 STOREYS - RESIDENTIAL TOWNHOUSE 3 STOREYS - RESIDENTIAL SINGLE DETACHED 4-7 STOREYS - RESIDENTIAL APARTMENTS OAK RIDGES MORAINE BOUNDARY 1289 WELLINGTON STREET EAST, PART OF LOT 20, CONCESSION 2 TOWN OF AURORA 0 10050 SCALE 1:3,000 150 200 7GLIHYPI&XS&]PE[2YQFIV BLD A BLD B BLD CBLD D