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BYLAW - ZBA 15277 Yonge St - 20110329 - 530111THE CORPORATION OF THE TOWN OF AURORA By-law Number 5301-11 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (15277 Yonge Street). 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 Number 2213-78, including amendments thereto (hereinafter the "Zoning By-law"); 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. THAT the Zoning By-law be and is hereby amended to replace the "Central Commercial (C2) Zone" zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law with "Central Commercial (C2-18) Exception Zone". 2. THAT the Zoning By-law be and is hereby amended to add the following: Section 21.20 CENTRAL COMMERCIAL (C2-18) EXCEPTION ZONE 21.20.1 Uses Permitted - banks or other financial establishments - business or professional offices - dwelling units above the first storey - restaurants - restaurants, take-out - retail stores - service shops, light - service shops, personal - studios For the purposes of this By-law, `restaurant, take-out' shall mean: "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 Restaurant Drive-Thru." 21.20.2 Zone Requirements 21.20.2.1 Lot Specifications Lot Area (minimum) 3,300.0 square metres Lot Frontage (minimum) 50.0 metres 21.20.2.2 Siting Specifications For the purposes of this By-law, Yonge Street is considered to be the front lot line. By-law Number 5301-11 Page 2 of 4 Front yard (minimum) 0.0 metres Rear yard (minimum) 2.0 metres Interior side yard (minimum) 3.0 metres Exterior side yard (minimum) 0.0 metres 21.20.2.3 Building Specifications i) The maximum combined commercial gross floor area shall be 400.0 square metres. ii) The maximum number of residential apartment units shall be 74. iii) The maximum building height adjacent to Centre Street shall be six (6) storeys or 25.1 metres, whichever is the greater. iv) The maximum building height adjacent to Yonge Street shall be seven (7) storeys or 28.2 metres, whichever is the greater. v) The upper three (3) storeys shall be setback a minimum of 3.0 metres from the main front wall and exterior side wall of the building. vi) Steps and landings may encroach a maximum of 1.0 metre into the rear or interior side yard. 21.20.2.4 Dwelling Unit in a Non Residential Zone i) The provisions of Section 6.13.6 shall not apply. 21.20.3 Parking Location and Specifications i) Notwithstanding the provisions of Section 6.26, the minimum maneuvering space or driveway for 90 degree spaces shall be 6.4 metres. ii) Notwithstanding the provisions of Section 6.26.1.2, a minimum of 85 residential parking spaces shall be required. iii) Notwithstanding the provisions of Section 6.26.1.3, a minimum of 19 parking spaces (visitor and commercial combined) shall be required. iv) Notwithstanding the provisions of Section 6.27.8 b), the maximum width of any joint ingress and egress driveway ramp measured along the street line shall be 12.5 metres. v) The provisions of Section 6.27.8 e) shall not apply. vi) The provisions of Section 21.2.4 shall not apply. 21.20.3.1 Loading Spaces The provisions of Section 19.2 shall not apply. By-law Number 6301-11 Page 3 of 4 21.20.4 Amenity Area A minimum indoor or outdoor amenity area of 18.0 square metres per dwelling unit shall be required. 21.20.5 Sight or Daylight Triangles The provisions of Section 6.36 shall not apply. 3. THAT all other terms, provisions, and existing amendments of the Zoning By- law remain the same and are hereby reaffirmed. 4. THAT the provisions of this By-law shall come into full force and effect upon final passage hereof 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 29TH DAY OF MARCH, 2011. READ A THIRD TIME AND FINALLY PASSED THIS 29T" DAY.OF MARCH, 2011. WEM, OFFRE"AWE, MAYOR 1,14'(111 JOHN D. CH, TOWN CLERK By-law Number 5301-11 Page 4 of 4 Explanatory Note Re: Zoning By-law Number 5301-11 By-law Number 5301-11 has the following purpose and effect: To amend By-law Number 2213-78, as amended, being the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from "Central Commercial (C2) Zone" to "Central Commercial (C2-18) Exception Zone". The rezoning will permit a six (6) to seven (7) storey mixed use development with ground level commercial and 74 residential units on the upper floors. Schedule "A" To By -Law Number 6301-11 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part Lot 122 and Lots 123,124,126,126 and 127, Plan 246 (16277 Yonge Street) LANDS REZONED FROM CENTRAL COMMERCIAL (C2) ZONE TO CENTRAL COMMERCIAL (C2-18) EXCEPTION ZONE