BYLAW - ZBA 222 230 236 244 Wellington St E - 20100713 - 526410THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5264-10
BEING A BY-LAW to amend By-law 5130-09.D and
Zoning By-law No. 2213-78, as amended
(222, 230, 236 and 244 Wellington Street East)
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 of The Corporation of the Town of Aurora (hereinafter
the "Town") enacted By-law 2213-78, including amendments thereto (hereinafter the
"Zoning By-law");
AND WHEREAS the Council of the Town enacted By-law 5130-09.D, which
amended the Zoning By-law to rezone a portion of the lands shown in hatching on
Schedule "A" attached hereto and forming part of this By-law from "Rural General
(RU) Zone" to "Service Commercial (C3-17) Exception Zone" and "Restricted
Industrial (M1-16) Exception Zone" to permit a commercial and office development
(hereinafter the "Site Specific 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 to rezone adjoining
lands shown in shading on Schedule "A" attached hereto to "Service Commercial
(C3-17) Exception Zone" and amend the Site Specific By-law with the terms and
provisions set out below;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
THAT the Zoning By-law be and is hereby amended to replace the "Rural
(RU) General Zone" zoning category applying to a portion of the lands shown
in shading on Schedule "A" attached hereto with "Service Commercial (C3-
17) Exception Zone".
2. THAT the Site Specific By-law be and is hereby amended to delete only
section 22.17 entitled "Service Commercial (C3-17) Exception Zone" in its
entirety including all subsections thereto as set out in Paragraph 2 of the Site
Specific By-law and replace same with the following:
SECTION 22.17 SERVICE COMMERCIAL (C3-17) EXCEPTION ZONE
Notwithstanding any provision to the contrary, for the purposes of this by-law
all lands and lots zoned C3-17 shall be considered to be one (1) lot for zoning
purposes regardless of ownership and all references to "lot" in this section
shall be interpreted on this basis, unless otherwise indicated herein.
22.17.1 Uses Permitted
The following uses shall be permitted:
- Animal hospitals
- Business and Professional Offices
- Clinics, provided that the combined floor area of all clinics
does not exceed fifteen (15%) percent of the total
commercial floor area
- Commercial schools
- Convenience retail stores
- Day care centres
By-law 5264-10 Page 2 of 4
Dry cleaner's distribution stations or depots
Dry cleaning establishments
Restaurants, Take-out (excluding Restaurants, Drive-
Thru), provided that the combined floor area of all
restaurants does not exceed thirty (30%) percent of the
total commercial floor area
Retail Stores excluding supermarkets
Specialty food store having a maximum gross floor area
of 700 mZ
22.17.1.1 Definitions
Notwithstanding any provisions to the contrary, for the purposes
of the lands zoned C3-17, the following definitions shall apply:
Restaurant, Take -Out:
Means a building or part thereof where food is prepared and
served to the public for consumption off the premises and which
may contain incidental seating areas for consumption within the
building but shall not include a Drive-Thru Restaurant.
Restaurant, Drive-Thru:
Means a building or part thereof where food is prepared and
served to the public while in motor vehicles by means of an
order or window service which vehicles approach in designated
lanes.
Specialty Food Store:
Specialty Food Store means a premises where food products
having a common theme such as, but not limited to, a meat
shop, cheese shop, fish shop, fresh produce store, bakery shop,
delicatessen, health food store, frozen foods, or combination
thereof, are sold or offered for sale at retail.
22.17.2 Zone Requirements
Notwithstanding any other provisions to the contrary, the Lot
Specifications, Siting Specifications and the Lot Coverage
contained in the Building Specifications shall be applied and
calculated on all the lands zoned C3-17 and M1-16 by adding
them together and considering them as one (1) lot.
22.17.2.1 Lot Specifications
Lot Area (minimum) 10,000.0 sq.m.
Lot Frontage (minimum) 30.0 metres
22.17.2.2 Siting Specifications
Front Yard (minimum) 6.0 metres
Rear Yard (minimum) 7.5 metres
West Side Yard (minimum) 2.5 metres
East Side Yard (minimum) 1.2 metres
Notwithstanding the provisions of Section 6.48.1, steps shall be
permitted to encroach into the minimum required front yard and
side yard setbacks, and the minimum required distance
separation from the front and side lot lines shall be nil.
Notwithstanding the provisions of Section 6.48.1, a restaurant
patio shall be permitted to encroach into the minimum required
By-law 5264-10 Page 3 of 4
front yard setback and the minimum required distance
separation from the front lot line shall be nil.
22.17.2.3 Building Specifications
Lot Coverage (maximum) 35.0 percent
Height (maximum) 11.0 metres
22,17.3 Loadina Spaces
Notwithstanding the provisions of Section 19.2.1, the minimum
number of loading spaces required shall be two (2).
22.17.4 Parkins
Notwithstanding the provisions of Section 6.26.1, the minimum
parking required for the lands zoned C3-17 shall be 3.5 spaces
for each 100 square metres of commercial floor area.
22.17.4.1 The parking areas provided in the lands zoned C3-17 and M1-
16 shall be shared by all the owners of the lands therein.
3. THAT all other terms, provisions, and existing amendments of the Zoning By-
law and the Site Specific By-law remain the same and are hereby reaffirmed.
4. 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 13T" DAY OF JULY, 2010.
READ A THIRD TIME AND FINALLY PASSED 13T" DAY OFJULY, 2010
PHYLLIS . MORRIS, MAYOR
Affftvdas to3wa
Lrgo 59M as
oro JOHN
TOWN CLERK
By-law 5264-10
Page 4 of 4
Explanatory Note
Re: Zoning By-law No. 5264-10
By-law Number 5264-10 has the following purpose and effect:
To amend By-law 2213-78, as amended, being the Zoning By-law in effect in the
Town of Aurora to rezone the `Rural General (RU) Zone" zoning category applying
to part of the lands to "Service Commercial (C3-17) Exception Zone" and to amend
By-law 5130-09, being the Site Specific Zoning By-law applying to the lands to
delete and replace the provisions of the "Service Commercial (C3-17) Exception
Zone" to permit the development of commercial and accessory uses, and to include
additional permitted uses including business and professional offices such as
medical offices/clinics, retail stores, restaurants and take-out restaurants, but
excluding drive-thru restaurants.
Schedule "A" To By -Law No. 5264-10
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lots 1 to 7, Reserve, Park Street and Part Centre Street Plan 231
(222, 230, 236, & 2" Wellington Street East)
LANDS ZONED "SERVICE COMMERCIAL (C3-17)
EXCEPTION ZONE"
LANDS REZONED FROM "RURAL GENERAL (RU) ZONE" TO
"SERVICE COMMERCIAL (C3-17) EXCEPTION ZONE"
1V
1-23 A
M1-16
M2
M1 A
' Ru
entre St WE M2
%. 1-23
C -7 C5 WEL-L-INGTON STREET EAST M1