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BYLAW - ZBA (132 148 166 178 186 192 198 Old Bloomington Rd) - 20200623 - 626720The Corporation of the Town of Aurora By-law Number 6267-20 Being a By-law to amend By-law Number 6000-17, as amended respecting the lands municipally known as 132, 148, 166, 178, 186, 192, and 198 0ld Bloomington Road. Whereas under section 34 of the Planning Act, R.S.0. 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 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: 1.The Zoning By-law be and is hereby amended to replace the "Estate Residential (ER) Zone" category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this by-law with "Detached Third Density Residential R3(522) Exception Zone", "Detached Third Density Residential R3(523) Exception Zone", "Detached Third Density Residential R3(524) Exception Zone", "Detached Third Density Residential R3(525) Exception Zone", "Detached Third Density Residential R3(526) Exception Zone", "Private Open Space 02(527) Exception Zone", "Environmental Protection - Oak Ridges Moraine (EP-ORM) Zone", and "Public Open Space (01 ) Zone". 2.The Zoning By-law be and is hereby amended to add the following: "24.522 Detached Third Density Residential R3(522) Exception Zone 24.522.1 Uses Permitted * One detached dwelling per lot * Home occupation * Second Suite Dwelling 24.522.2 Zone Requirements 24.522.2.1 Siting Specifications Lot Area (minimum)525 square metres Lot Frontage (minimum)16.5 metres Front Yard (minimum)6.0 metres Rear Yard (minimum)7.5 metres By-law Number 6267-20 Page 2 of 8 Interior Side Yard (minimum) One-Storey Two-Storey 1.2 metres 1.5 metres Exterior Side Yard (minimum)4.5 metres 24.522.2.2 Building Specifications Height (maximum)II.O metres Lot Coverage (maximum)35% 24.522.2.3 Yard Exemption and Setback Encroachment Permitted Open porches, and uncovered terraces (including associated steps and landings) shall be permitted to encroach a maximum of 3 metres into the required front yard, and a maximum of 2.5 metres into the required exterior side yard. 24.522.2.4 Daylighting Triangle Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle has been conveyed, the Exterior Side Lot Line and the front lot line shall be deemed to be the continued projection of the Exterior Side Lot Line and the front lot line to a point of intersection, for the purposes of calculating the required minimum front yard and the required minimum exterior side yard requirements. Notwithstanding the provisions above, and any other provisions to the contrary, no building or structure shall be permitted to encroach within the daylighting triangle. 24.522.3 Landscaping Specifications Notwithstanding any other provisions to the contrary, a minimum of 40.0% of the lot area shall be preserved in an open landscaped or natural condition. This 40.0% shall not include accessory buildings or structures (excluding a deck), swimming pools or any other covered area with impervious material." 3.The Zoning By-law be and is hereby amended to add the following: "24.523 Detached Third Density Residential R3(523) Exception Zone 24.523.I Uses Permitted * One detached dwelling per lot * Home occupation * Second Suite Dwelling 24.523.2 Zone Requirements 24.523.2.1 Siting Specifications Lot Area (minimum)775 square metres Lot Frontage (minimum)21.0 metres Front Yard-(minimum)6.0 metres Rear Yard (minimum)7.5 metres Interior Side Yard (minimum) One-Storey Two-Storey 1.2 metres 1.5 metres Exterior Side Yard (minimum)4.5 metres 24.523.2.2 Building Specifications Height (maximum) -IO.O metres Lot -Coverage (maximum)35% By-law Number 6267-20 Page 3 of 8 24.523.2.3 Yard Exemption and Setback Encroachment Permitted Open porches, and uncovered terraces (including associated steps and landings) shall be permitted to encroach a maximum of 3 metres into the required front yard, and a maximum of 2.5 metres into the required exterior side yard. 24.523.2.4 Daylighting Triangle Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle has been conveyed, the Exterior Side Lot Line and the front lot line shall be deemed to be the continued projection of the Exterior Side Lot Line and the front lot line to a point of intersection, for the purposes of calculating the required minimum front yard and the required minimum exterior side yard requirements. Notwithstanding the provisions above, and any other provisions to the contrary, no building or structure shall be permitted to encroach within the daylighting triangle. 24.523.3 Landscaping Specifications Notwithstanding any other provisions to the contrary, a minimum of 40.0% of the lot area shall be preserved in an open landscaped or natural condition. This 40.0% shall not include accessory buildings or structures (excluding a deck), swimming pools or any other covered area with impervious material." 4. The Zoning By-law be and is hereby amended to add the following: "24.524 Detached Third Density Residential R3(524) Exception Zone 24.524.1 Uses Permitted * One detached dwelling per lot * Home occupation * Second Suite Dwelling 24.524.2 Zone Requirements 24.524.2.1 Siting Specifications Lot Area (minimum)I,000 square metres Lot Frontage (minimum)21.0 metres Front Yard (minimum)6.0 metres Rear Yard (minimum)17.5 metres Interior Side Yard (minimum) One-Storey Two-Storey 1.2 metres 1.5 metres Exterior Side Yard (minimum)4.5 metres 24.524.2.2 Building Specifications Height (maximum)IO.O metres Lot Coverage (maximum)35% Notwithstanding any other provisions to the contrary, dually zoned lots may use the area on the lots zoned 02(527) when calculating lot area, lot frontage, lot coverage or yards required by this By-law. 24.524.2.3 Yard Exemption and Setback Encroachment Permitted Open porches, and uncovered terraces (including associated steps and landings) shall be permitted to encroach a maximum of 3 metres into the required front yard, and a maximum of 2.5 metres into the required exterior side yard. By-law Number 6267-20 Page 4 of 8 24.524.3 Landscaping Specifications Notwithstanding any other provisions to the contrary, a minimum of 40.0% of the lot area shall be preserved in an open landscaped or natural condition. This 40.0% shall not include accessory buildings or structures (excluding a deck), swimming pools or any other covered area with impervious material. Notwithstanding any other provisions to the contrary, dually zoned lots are required to have a 10.0 metre landscape buffer from the northern property line, in accordance with the 02(527) Exception Zone." 5. The Zoning By-law be and is hereby amended to add the following: "24.525 Detached Third Density Residential R3(525) Exception Zone 24.525.I Uses Permitted * One detached dwelling per lot * Home occupation * Second Suite Dwelling 24.525.2 Zone Requirements 24.525.2.I Siting Specifications Lot Area (minimum)1,600 square metres Lot Frontage (minimum)21.0 metres Front Yard (minimum)6.0 metres Rear Yard (minimum)7.5 metres Interior Side Yard (minimum) One-Storey Two-Storey 1.2 metres 1.5 metres Exterior Side Yard (minimum)4.5 metres 24.525.2.2 Building Specifications Height (maximum)II.O metres Lot Coverage (maximum)35% 24.525.2.3 Yard Exemption and Setback Encroachment Permitted Open porches, and uncovered terraces (including associated steps and landings) shall be permitted to encroach a maximum of 3 metres into the required front yard, and a maximum of 2.5 metres into the required exterior side yard. 24.525.2.4 Daylighting Triangle Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle has been conveyed, the Exterior Side Lot Line and the front lot line shall be deemed to be the continued projection of the Exterior Side Lot Line and the front lot line to a point of intersection, for the purposes of calculating the required minimum front yard and the required minimum exterior side yard requirements. Notwithstanding the provisions above, and any other provisions to the contrary, no building or structure shall be permitted to encroach within the daylighting triangle. 24.525.3 Landscaping Specifications Notwithstanding any other provisions to the contrary, a minimum of 40.0% of the lot area shall be preserved in an open landscaped or natural condition. This 40.0% shall not include accessory buildings or structures (excluding a deck), swimming pools or any other covered area with impervious material." 6.The Zoning By-law be and is hereby amended to add the following: "24.526 Detached Third Density Residential R3(526) Exception Zone By-law Number 6267-20 Page 5 of 8 24.526.I Uses Permitted * One detached dwelling per lot * Home occupation * Second Suite Dwelling 24.526.2 Zone Requirements 24.526.2.1 Siting Specifications Lot Area (minimum)700 square metres Lot Frontage (minimum)21.0 metres Front Yard (minimum)6.0 metres Rear Yard (minimum)7.5 metres Interior Side Yard (minimum) One-Storey Two-Storey 1.2 metres 1.5 metres Exterior Side Yard (minimum)4.5 metres 24.526.2.2 Building Specifications Height (maximum)IO.O metres Lot Coverage (maximum) One-Storey Two-Storey 40% 35% 24.526.2.3 Yard Exemption and Setback Encroachment Permitted Open porches, and uncovered terraces (including associated steps and landings) shall be permitted to encroach a maximum of 3 metres into the required front yard, and a maximum of 2.5 metres into the required exterior side yard. 24.526.2.4 Daylighting Triangle Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle has been conveyed, the Exterior Side Lot Line and the front lot line shall be deemed to be the continued projection of the Exterior Side Lot Line and the front lot line to a point of intersection, for the purposes of calculating the required minimum front yard and the required minimum exterior side yard requirements. Notwithstanding the provisions above, and any other provisions to the contrary, no building or structure shall be permitted to encroach within the daylighting triangle. 24.526.3 Landscaping Specifications Notwithstanding any other provisions to the contrary, a minimum of 40.0% of the lot area shall be preserved in an open landscaped or natural condition. This 40.0% shall not include accessory buildings or structures (excluding a deck), swimming pools or any other covered area with impervious material." 7. The Zoning By-law be and is hereby amended to add the following: "24.527 Private Open Space 02(527) Exception Zone 24.527.2 Zone Requirements 24.527.2.1 Permitted Uses Notwithstanding Section 13.2, lands zoned 02(527) shall only be used for Natural Vegetation Plantings for purposes oT establishing a IO.O metre landscaped buffer from the northern property line. By-law Number 6267-20 Page 6 of 8 24.527.2 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(524) Exception Zone, as applicable." This by-law shall come into full force subject to compliance with the provisions or 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 23'd day of June, 2020. /T/- Mrakas, Mayor ichael de Rond, Town Clerk By-law Number 6267-20 Page 7 of 8 Explanatory Note Re: By-law Number 6267-20 By-law Number 6267-20 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(522) Exception Zone" "Detached Third Density Residential R3(523) Exception Zone" "Detached Third Density Residential R3(524) Exception Zone" "Detached Third Density Residential R3(525) Exception Zone" "Detached Third Density Residential R3(526) Exception Zone" "Private Open Space 02(527) Zone" "Environmental Protection - Oak Ridges Moraine (EP-ORM) Zone", and "Public Open Space (01 ) Zone". The effect of this zoning amendment will rezone the subject property to five (5) residentia exception zones, one (1 ) private open space exception zone, one (1 ) public open space exception zone, and two (2) environmental protection zones; and will facilitate the creation of 50 single detached dwellings on a municipal right-of-way. By-law Number 6267-20 Page 8 of 8 Schedule "A" Location:Part Lots 10, 11 and 13 and Lots 12 and I 4, Plan 166, designated as Part 1 on Plan 65R-38076 and Parts I and 2 on Plan 65R- 38075, Town of Aurora, Regional Municipality of York Lands rezoned from "Estate Residential (ER) Zone" to "Detached Third Density Residential R3(522) Exception Zone" "Detached Third Density Residential R3(523) Exception Zone" "Detached Third Density Residential R3(524) Exception Zone" "Detached Third Density Residential R3(525) Exception Zone" Detached Third Density Residential R3(526) Exception Zone" "Private Open Space 02(527) Zone" "Environmental Protection - Oak Ridges Moraine (EP-ORM) Zone" and "Public Open Space (01 ) Zone" I l/ l_.l , / 1-=i------,,,;-ox(')S',:,.'7f=:-::"X'7':.r:a z:;-,:;;-,:.= r ER ,, , , .it , b3.(,6214.) , , , " _ - OHM -: N 1$ , nnnii 01 " i r' i i" - i i t ' /'l\a! 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