BYLAW - ZBA 15933 Bayview Ave. - 20091110 - 518409THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5184-09
BEING A BY-LAW to amend
Zoning By-Jaw No. 2213-78, as amended,
(15933 Bayview Avenue)
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended provides
that the councils of local municipalities may pass zoning by-laws;
AND WHEREAS the Council ofThe Corporation of the Town of Aurora enacted By-law
2213-78, including amendments thereto (hereinafter the "Zoning By-law");
AND WHEREAS the Council of The Corporation of the Town of Aurora deems it
necessary and expedient to further amend the Zoning By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT the Zoning By-law be and is hereby amended to replace the "Rural
General (RU) Zone" zoning category applying to the lands shown in hatching on
Schedule "A" attached hereto and forming part of this By-law with :'Row Dwelling
Residential Holding (H)R6-56 Exception Zone", "Row Dwelling Residential
Holding (H) R6-57 Exception Zone" and "Semi-Detached and Duplex Dwelling
Third Density Holding (H) R3-19 Exception Zone".
2. THAT the Zoning By-law be and is hereby amended to add the following:
15.60 ROW DWELLING RESIDENTIAL HOLDING (H) R6-56 EXCEPTION
ZONE
15.60.1
15.60.2
15.60.3
15.60.3.1
15.60.3.2
Uses Permitted
A maximum of 93 Stacked Row-House Dwelling Units
Definitions
Dwelling, Stacked Row-House:
means a building that is divided vertically and/or horizontally into three (3) or
more dwelling units, each of which has independent entrances from the
exterior.
Zone Requirements
Notwithstanding any provisions to the contrary, for the purposes of the
R6-56 Zone, Lewis Honey Drive, or a reserve abutting Lewis Honey
Drive, shall be deemed to be the front lot line.
Lot Specifications .
Lot Frontage (minimum) -Total Parcel
Lot Area (minimum)-Total Parcel
Siting Specifications
Setback from South Lot Line (minimum):
Front wall of a building
180.0 metres
22,000.0 square metres
3.0 metres
By-law 5184-09 Page 2 of 10
Side wall of a building
Setback from West Lot Line (minimum):
Setback from North Lot Line (minimum):
Minimum distance separation between a
front wall of a building and a front wall of
another building
Minimum distance separation between a
side wall of a building and visitor parking
Minimum distance separation between a
side wall of a building, an open-sided roofed
porch and steps from a private right-of-way or
private sidewalk
Minimum distance separation between a
side wall of a building and a side wall of
another building
0.6 metres
4.5 metres
6.0 metres
14.0 metres
1.0 metres
0.6 metres
3.0 metres
15.60.3.2.1 Garage Setback:
15.60.3.3
15.60.4
15.60.5
15.60.6
15.60.6.1
i) Where a driveway has been provided, the minimum setback from a
garage face to a private right-of-way shall be 6.0 metres.
ii) Where a driveway has not been provided, the minimum setback from
a garage face to a private right-of-way shall be 2.0 metres.
Building Specifications
Floor Area (minimum)
Building Height (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Private Outdoor Living Area
60.0 square metres
12.0 metres
6.0 metres
2.9 metres
A private outdoor living area shall be provided for each dwelling unit in
accordance with the following:
i) The private outdoor living area for a two (2) storey unit shall be
provided on a balcony located above an attached garage.
ii) The private outdoor living area for a one (1) storey ground floor unit
shall be located adjacent to the front entrance of the dwelling unit and
shall be defined by a fence. Patios and uncovered terraces shall be
permitted within the private outdoor living and the provisions of
Section 6.48.1 with respect to patios and uncovered terraces shall not
apply.
General
No more than fifteen (15) dwelling units shall be attached in a continuous
row in any row development.
Permitted Encroachments
Notwithstanding the provisions of Section 6.48.1:
By-law 5184-09 Page 3 of 10
15.60.6.2
15.60.7
15.60.7
15.60.8
i) Eaves, chimney breasts, sills, gutters, cornices, pilasters or decorative
architectural features shall be permitted to project a maximum of 0.6
metres from any wall.
ii) The maximum permitted projection for open-sided roofed porches
from a front wall of a building shall be 1.6 metres. Steps are
permitted provided they are located no closer than 0.5 metres to a lot
line, private right-of-way or private sidewalk. Notwithstanding the
above, open-sided roofed porches and steps shall not be permitted
within the minimum distance separation between a side wall of a
building and a side wall of another building.
The maximum permitted projection for a hydro meter wall from a side wall
of a building shall be 0.5 metres.
Air Conditioning Units and Heat Pumps:
The provisions of Section 6.2.6 shall not apply. Central air conditioning
units and/or heat pumps shall be permitted as follows:
i) For a one (1) storey ground floor unit, the unit shall only project from a
front wall of a building and the maximum permitted projection shall be
1.5 metres.
ii) For a two (2) storey unit, the unit shall only be permitted on a balcony
above the attached garage and shall project a maximum of 1.5 metres
from the rear wall of a building.
Parking
Minimum number ofvisitor parking spaces: 21 spaces
The total required visitor parking spaces for the lands zoned R6-56 and
R6-57 shall be 41 and shall be used collectively.
Holding Prefix
Notwithstanding the provisions of Section 15.60, while the "H" Holding
prefix is in place, no person shall, within the lands zoned (H)R6-56, on
Schedule "A" attached hereto, use any lot or erect, alter or use any
buildings or structures for any purpose except those uses which existed
on the date of passing of By-law 5184-09. Furthermore, no extension or
enlargement of the uses which existed on the date of the passing of By-
law 5184-09 shall occur, unless an amendment to By-law 5184-09 is
approved by the Council of The Corporation of the Town of Aurora and
comes into full force and effect.
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "H" Holding prefix from the
lands zoned (H)R6-56, or any part thereof, the Town of Aurora shall be
satisfied that the relevant provisions of the "Bayview Northeast Area 2B
Secondary Plan (OPA No. 30)" have been complied with. In addition to
the foregoing, and prior to the removal of the "H" Holding prefix, the
following conditions shall be complied with:
i) York Region advises in writing that it is no earlier than six (6) months
prior to the expected completion of the Dufferin Creek Water
Pollution Control Plant; and,
By-law 5184-09 Page 4 of 10
15.61
15.61.1
15.61.2
15.61.2.1
15.61.2.2
ii) The Town of Aurora approves serv1c1ng allocation to this
development that is not dependent upon the construction of
infrastructure; or,
iii) York Region's Commissioner of Environmental Services confirms in
writing that there is servicing capacity for this development by a
suitable alternative method and the Town allocates sufficient capacity
for this development; and,
iv) That all required agreements between the Owner and the Town of
Aurora to be registered on title have been executed.
Upon removal of the "H" Holding prefix from the lands zoned (H)R6-56,
pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13, as
amended or any successor thereto, the provisions applicable to the said
lands shall be as set out in Sections 15.60.1 to 15.60.8 inclusive.
ROW DWELLING RESIDENTIAL HOLDING (H)R6-57 EXCEPTION
ZONE
Uses Permitted
A maximum of 41 Block Row-House Dwelling Units
Zone Requirements
Notwithstanding any provisions to the contrary, for the purposes of the
R6-57 Zone, Lewis Honey Drive, or a reserve abutting Lewis Honey
Drive, shall be deemed to be the front lot line.
Lot Specifications
Lot Frontage (minimum) -Total Parcel
Lot Area (minimum)-Total Parcel
Siting Specifications
Setback from South Lot Line (minimum):
Setback from North Lot Line (minimum):
Setback from East Lot Line (minimum):
Setback from West Lot Line (minimum):
Minimum setback from a front wall of a
building to a private right-of-way
Minimum setback from a garage face
of a building to a private right-of-way
Minimum distance separation between a
side wall of a building, an open-sided roofed
porch and steps from a private right-of-way,
private sidewalk or visitor parking
Minimum distance separation between a
side wall of a building and a side wall of
another building
180.0 metres
22,000.0 square metres
3.0 metres
4.5 metres
6.0 metres
12.0 metres
4.5 metres
6.0 metres
1.5 metres
3.0 metres
By-law 5184-09 Page 5 of 10
15.61.2.3
15.61.3
15.61.4
Building Specifications
Floor Area (minimum)
Building Height (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Private Outdoor Living Area
75.0 square metres
11.0 metres
6.0 metres
2.75 metres
A private outdoor living area shall be provided for each dwelling unit and
each private outdoor living area shall:
i) Be adjacent to the rear wall of the dwelling unit and have access to a
habitable room other than a bedroom or to a haiL
ii) Have a width equal to the width of the dwelling unit and have a
minimum depth (from the wall of the dwelling unit) of 5.5 metres.
General
No more than nine (9) units of row housing shall be attached in a
continuous row in any row development
15.61.5 Permitted Encroachments
15.61.5.1 . Notwithstanding the provisions of Section 6.48. 1:
15.61.5.2
15.61.6
i) Bay windows with or without foundations, eaves, chimney breasts,
sills, gutters, cornices, pilasters or decorative architectural features
shall be permitted to project a maximum of 0.6 metres from any waiL
ii) The maximum permitted projection for open-sided roofed porches
from a front wall and/or a side wall of a building shall be 1 .6 metres.
Steps are permitted provided they are located no closer than 0.5
metres to a lot line, private right-of-way or private sidewalk.
Notwithstanding the above, open-sided roofed porches and steps
shall not be permitted within the minimum distance separation
between a side wall of a building and a side wall of another building.
iii) The maximum permitted projection for decks not exceeding 3.0
metres above grade, uncovered terraces, and patios into the private
outdoor living area shall be 3.7 metres.
iv) The maximum permitted projection for balconies into the private
outdoor living area shall be 2.5 metres.
The maximum permitted projection for a hydro meter wall from a side wall
of a building shall be 0.5 metres.
Air Conditioning Units and Heat Pumps:
The provisions of Section 6.2.6 shall not apply. Central air conditioning
units and/or heat pumps shall be permitted as follows:
i) Shall only project from a rear wall of a building and the maximum
permitted projection shall be 1 .5 metres.
By-law 5184-09 Page 6 of 10
15.61.7
15.61.8
12.21
12.21.1
ii) Notwithstanding the above, central air conditioning units and/or heat
pumps shall not be permitted within the minimum distance
separation between a side wall of a building and a side wall of
another building.
Parking
Minimum number of visitor parking spaces: 20 spaces
The total required visitor parking spaces for the lands zoned R6-56 and
R6-57 shall be 41 and shall be used collectively.
Holding Prefix
Notwithstanding the provisions of Section 15.61, while the "H" Holding
prefix is in place, no person shall within the lands zoned (H)R6-57, on
Schedule "A" attached hereto, use any lot or erect, alter or use any
buildings or structures for any purpose except those uses which existed
on the date of passing of By-law 5184-09. Furthermore, no extension or
enlargement of the uses which existed on the date of the passing of By-
law 5184-09 shall occur, unless an amendment to By-law 5184-09 is
approved by the Council of the Corporation of the Town of Aurora and
comes into full force and effect.
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "H" Holding prefix from the
lands zoned (H) R6-57, or any part thereof, the Town of Aurora shall be
satisfied that the relevant provisions of Section 4.3.2 of the Official Plan
have been complied with. In addition, to the foregoing, and prior to the
removal of the "H" Holding prefix, the following conditions shall be
complied with:
i) York Region advises in writing that it is no earlier than six (6) months
prior to the expected completion of the Dufferin Creek Water
Pollution Control Plant; and,
ii) the Town of Aurora approves servicing allocation to this development
that is not dependent upon the construction of infrastructure; or,·
iii) York Region's Commissioner of Environmental Services confirms in
writing that there is servicing capacity for this development by a
suitable alternative method and the Town allocates sufficient
capacity for this development; and,
iv) That all required agreements between the Owner and the Town of
Aurora to be registered on title have been executed.
Upon removal of the "H" Holding prefix from the lands zoned (H)R6-57,
pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13, as
amended or any successor thereto, the provisions applicable to the said
lands shall be as set out in Sections 15.61.1 to 15.61.7 inclusive.
SEMI-DETACHED AND DUPLEX DWELLING THIRD DENSITY
RESIDENTIAL HOLDING (H) R3-19 EXCEPTION ZONE
Uses Permitted
one semi-detached dwelling per lot
By-law 5184-09 Page 7 of 10
12.21.2
12.21.2.1
12.21.2.2
a home occupation in accordance with the provisions of Sections
6.21 to 6.21.12, excluding a teaching and musical instruction studio
Zone Specifications
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
-Main Building
440.0 square metres
16.4 metres
4.5 metres
6.0 metres
1.2 metres
3.0 metres
12.21.2.2.1 Notwithstanding any other provisions to the contrary, the habitable ground
floor front wall or porch face shall be either flush with, or project in front of
the garage.
12.21.2.2.2 Notwithstanding any other provisions to the contrary, on a multi-storey
dwelling, that portion of the front wall of the main building, located above
an attached garage, for no less than 60% of the garage width, shall not
be setback more than 2.5 metres from the front wall of the garage.
12.21.2.2.3 Notwithstanding any other provisions to the contrary, on a corner lot
where a daylighting triangle has been conveyed to a public authority, the
flankage lot line and the front lot line shall be deemed to be the continued
projection of the flankage 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.
12.21.2.2.4 · Notwithstanding, the provisions of Section 6.2.6. i), central air conditioners
and heat pumps shall be permitted in the rear and exterior side yards
only, subject to a minimum setback of 4.5 metres from the rear lot line
and 3.0 metres from the exterior lot line.
12.21.2.2.5 Notwithstanding the definition contained within Section 3.124, on a corner
lot where a 0.3 metre reserve abuts a street, the exterior side yard shall
be deemed to include the 0.3 metre reserve, for the purposes of
calculating the minimum exterior side yard requirements.
12.21.2.2.6 Notwithstanding the provisions of Section 6.48.1, open-sided one and two
storey roofed porches and balconies, with or without foundation, may
project 2.0 metres into the required front yard and/or the required exterior
side yard, provided that no part of the porch, in~luding eaves, is located
closer than 2.0 metres to the lot line. Steps may encroach into the
required front yard and/or the required exterior side yard provided they
are not located any closer than 1. 0 metre to the lot line.
12.21.2.2. 7 Notwithstanding the provisions of Section 6.48.1 with respect to maximum
projections and minimum distance separations into the rear yard, the
maximum permitted projection into the rear yard for decks not exceeding
By-law 5184-09 Page 8 of 10
12.21.2.3
3.0 metres above grade, uncovered terraces, and patios shall be 3.0
metres. The maximum permitted projection into the rear yard for
balconies shall be 2.5 metres. The minimum distance separation
provisions shall not apply.
Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Floor Area (minimum)
45,0 percent
11.5 metres
6.0 metres
2.9 metres
90.0 square metres
12.21.2.3.1 Notwithstanding the definition contained within Section 3. 72, open-sided
one and two storey roofed porches, bay windows, and fireplaces, with or
without foundation, shall not be included in the calculation of lot coverage.
Further, notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
12.21.2.4 Parking
Notwithstanding the definition contained within Section 3.98 and the
provisions of Section 6.26.1.1, a minimum of three (3) parking spaces
shall be provided, of which a minimum of one (1) parking space shall be
provided within a private garage per unit, and a minimum of two (2)
parking spaces shall be provided, either in tandem or side by side on the
driveway, including that portion of the driveway that extends beyond the
lot.
12.21.2.4.1 Garage Setback
Notwithstanding the provisions of Section 6.26, the following minimum
garage setbacks shall apply:
Garage Setback (minimum)
garage accessed by a single driveway
intersected by a sidewalk
garage accessed by a single driveway
not intersected by a sidewalk
garage accessed by a double driveway
either intersected by a sidewalk or not
intersected by a sidewalk
9.25 metres
6.0 metres
6.0 metres
12.21.2.4.2 The provisions of Section 6.28.1.i shall apply, for the purposes of this
Section a single driveway shall be defined as a driveway 3.5 metres in
width or less, and a double driveway shall be defined as a driveway
between 3.5 metres and 6.0 metres in width.
12.21.3 Holding Prefix
Notwithstanding the provisions of Section 12.19 above, while the "(H)"
Holding prefix is in place, no person shall, within the lands zoned (H)R3-
19, on Schedule "A" attached hereto, use any lot or erect, alter or use any
buildings or structures for any purpose except those uses which existed
on the date of passing of By-law 5184-09. Furthermore, no extension or
enlargement of the uses which existed on the date of the passing of By-
law 5184-09 shall occur, unless an amendment to By-law 5184-09 is
approved by the Council of the Corporation of the Town of Aurora and
By-law 5184-09 Page 9 of 10
3.
comes into fu II force and effect.
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding prefix from
the lands zoned (H) R3-19, or any part thereof, the Town of Aurora shall
be satisfied that the relevant provisions of Section 4.3.2 of the Official
Plan have been complied with. In addition, to the foregoing, and prior to
the removal of the "(H)" Holding prefix, the following conditions shall be
complied with:
The Region of York has confirmed that adequate servicing capacity is
available, and the Town of Aurora has allocated such capacity;
i) York Region advises in writing that it is no earlier than six (6) months
prior to the expected completion of the Dufferin Creek Water
Pollution Control Plant; and,
ii) the Town of Aurora approves servicing allocation to this development
that is not dependent upon the construction of infrastructure; or,
iii) York Region's Commissioner of Environmental Services confirms in
writing that there is. servicing capacity for this development by a
suitable alternative method and the Town allocates sufficient
capacity for this development; and,
iv) That all required agreements between the Owner and the Town of
Aurora to be registered on title have been executed.
Upon removal of the "H" Holding prefix from the lands zoned (H)R3-19,
pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13, as
amended or any successor thereto, the provisions applicable to the said
lands shall be as set out in Sections 12.21.1 and 12.21.2.
THAT the provisions of this By-law shall come into force and take effect upon
third reading. subject to compliance with the provisions of the Planning Act,
R.S.O. 1990, c.P.13, as amended.
READ A FIRST AND SECOND TIME THIS 81h DAY OF DECEMBER, 2009.
READ A THIRD TIME AND FINALLY PASSED THIS 81h DAY OF DECEMBER,
2009.
, TOWN CLERK
By-law 5184-09 Page 10 of 10
Explanatory Note
Re: Zoning By-law No. 5184-09
By-law Number 5184-09 has the following purpose and effect:
To amend By-law 2213-78, the Zoning By-law in effect in the Town of Aurora, to rezone
the subject lands from "Rural General (RU) Zone" to "Row Dwelling Residential Holding
(H) R6-56 Exception Zone", "Row Dwelling Residential Holding (H) R6-57 Exception
Zone" and "Semi-Detached and Duplex Dwelling Third Density Holding (H) R3-19
Exception Zone". The proposed zoning amendment will permit the development of the
subject lands for 134 stacked and street townhouses units with condominium tenure
and 20 semi-detached dwellings. An "H" Holding provision has been placed over the
subject lands to ensure that adequate servicing capacity is available to service the
proposed residential development.
Schedule "A" To By-Law No. 5184-09
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: PART OF LOT 25, CONCESSION 2
BAYVIEW AVENUE & ST. JOHN'S SIDEROAD
LANDS SUBJECT TO REZONING FROM "RURAL GENERAL (RU) ZONE"
TO "ROW DWELLING RESIDENTIAL HOLDING (H) RS-57 EXCEPTION ZONE"
LANDS SUBJEcT TO REZONING FROM "RURAL GENERAL (RU) ZONE"
TO "ROW DWELLING RESIDENTIAL HOLDING (H) RS-56 EXCEPTION ZONE"
LANDS SUBJECT TO REZONING FROM "RURAL GENERAL (RU) ZONE"
TO "SEMI DETACHED AND DUPLEX DWELLING THIRD DENSITY
RESIDENTIAL HOLDING (H) R3-19 EXCEPTION ZONE"
RU
C9-1