BYLAW - ZBA 1623 Wellington St Dev Ltd - 20120717 - 544712THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5447-12
BEING A BY-LAW to
amend Zoning By-law
Number 2213-78, as
amended (1623 Wellington
Street Developments
Limited).
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
referred to as the "Town") enacted By-law Number 2213-78, including amendments
thereto (hereinafter referred to as 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 'Rural
(RU) Zone" and "Oak Ridges Moraine Rural (RU-ORM) Zone" zoning
category applying to the lands shown in hatching on Schedule "A" and "AK"
attached hereto and forming part of this By-law with "Business Park (BP)
Zone" and 'Business Park Holding (H)BP-8 Exception Zone"
2. THAT the Zoning By-law be and is hereby amended to add the following:
"27.D.12 BUSINESS PARK HOLDING (H)BP-8 EXCEPTION ZONE
27.D.12.1 Uses Permitted
All uses as set out in Sections 27.D.2 and 27.D.3.
The following retail and commercial uses as principal uses in accordance with
Section 27.D.12.2.1:
- Dry cleaning distribution depot;
- Personal service shop;
- Private club;
- Financial Institution;
- Financial Institution, drive thru;
- Restaurants;
Restaurants, drive thru or take out;
- Service Shop, light;
- Establishment for the training or grooming of pets;
- Bake Shop, Special;
- Retail stores.
27.D.12.1.1 Definitions:
Notwithstanding any provisions to the contrary, for the purposes of the lands
zoned 'Business Park (BP-8) Exception Zone" the following definitions shall
apply:
By-law 5447-12.
Page 2 of 4
Financial Institution:
Means a premises in which financial services are offered to the public
and includes a bank, credit union, trust company, savings office or any
other retail banking operation however does not include a financial
institution, drive-thru.
Financial Institution, Drive-Thru:
Means a premises in which financial services are offered to the public
and includes a bank, credit union, trust company, savings office or any
other retail banking operation which includes facilities for banking
transactions by the public while in motor vehicles by means of an order
or window service, or an automated teller machine, which motor
vehicles approach in designated lanes.
Floor Area, Gross Leasable`.
Means the gross floor area measured between interior faces of any
exterior or interior walls of the building or structure, exclusive of the
following areas:
i) any service room, or enclosed area that is used exclusively for
the accommodation of heating, cooling, ventilation, electrical,
mechanical or telecommunications equipment, or maintenance
facilities that services the building or structure.
Developed Business Park:
Refers to the lands outlined in hatching on Schedule "AK" to this By-
law zoned 'Business Park (BP)" and means buildings or structures
used as a principal office use, as defined in Section 27.D.1, for which a
building permit has been issued and permission to occupy has been
granted by the Chief Building Official.
27.D.12.2 Zone Requirements
In accordance with Section 27.D.4.
27.D.12.2.1 Building Specifications
In addition to the provisions of Section 27.D.4.4, the following Building
specifications shall also apply:
27.D.12.2.1.1 Gross Leasable Floor Area (maximum):
The maximum gross leaseable floor area for all retail and commercial uses
permitted on the lands zoned BP-8 shall not exceed 18,120 square metres,
subject to the following provisions:
a) Any retail and commercial gross leaseable floor area beyond 11,100
square metres shall only be permitted as follows:
For each 1.5 square metres of "Developed Business Park" uses built, one
(1) square metre of gross leaseable floor area of retail and commercial
uses shall be permitted.
27.D.12.2.1.2 Gross Leaseable Floor Area — Specific Uses (maximum)
The following restrictions shall also apply to the uses permitted on the lands
zoned BP-8:
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Page 3 of 4
a) Four (4) retail units shall be permitted to have a maximum gross leaseable
floor area of 2,500 square metres. For all other individual retail units, the
maximum gross leaseable floor area shall not exceed 2,000 square
metres.
27.D.12.2.3 Holding Prefix
Notwithstanding any provision to the contrary, while the Holding "(H)" prefix is
in place, no person shall, within the lands zoned (H)BP-8 on Schedule "A"
attached hereto, use any lot or erect, alter or use any buildings or structures
for any purpose except those which existed on the date of the passing of the
by-law.
Removal of Holding Prefix:
Prior to the passing of a by-law to remove the Holding "(H)" prefix from the
lands zoned (H)BP-8, the Town of Aurora shall be satisfied that:
i) site plan approval has been obtained for up to 11,100 square metres of
retail and commercial uses.
Upon removal of the Holding "(H)" prefix from the lands zoned (H)BP-8
pursuant to section 36 of the Planning Act, R.S.O. 1990, c. P.13, as amended
or a successor thereto, the provisions applicable to the said lands shall be as
set out in By-law Number 2213-78, as amended and By-law Number 5447-
12."
3. THAT all other terms, provisions, and existing amendments of the Zoning. By-
law remain the same.
4. THAT this By-law shall come into full force subject to compliance with the
provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, and
subject to compliance with such provisions, this By-law will take effect from
the date of final passage hereof.
READ A FIRST AND SECOND TIME THIS 17TH DAY OF JUL Y, 2012.
READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF JUL Y, 2012.
as to.Torm
WaAAf Ala.
By-law 5447-12 Page 4 of 4
Explanatory Note
Re: Zoning By-law Number 5447-12
By-law Number 5447-12 has the following purpose and effect:
The purpose of this zoning by-law amendment is 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 'Rural (RU) Zone" and "Oak Ridges Moraine Rural (RU-ORM)
Zone" to 'Business Park (BP) Zone and 'Business Park Holding (H)BP-8 Exception
Zone".
The effect of this zoning amendment will permit the subject lands to be developed
for Business Park uses as well as an expanded range of commercial uses as
principal uses. The Holding "(H)" prefix applied to a portion of the subject lands will
ensure that the proposed development of the commercial areas of the lands are
developed subject to site plan approval and appropriate phasing requirements.
Schedule "A" To By -Law Number 5447-12
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: PART LOT 20, CONCESSION 3
(1623 WELLINGTON STREET EAST)
LANDS REZONED FROM "RURAL (RU) ZONE " TO
"BUSINESS PARK HOLDING (H) BP-8 EXCEPTION ZONE"
LANDS REZONED FROM "RURAL (RU) ZONE" TO
"BUSINESS PARK (BP) ZONE"
LANDS REZONED FROM "OAK RIDGES MORAINE RURAL
(RU-ORM) ZONE" TO "BUSINESS PARK (BP).ZONE"
RU
N
A
O-9
RU-2
BP
w
o
BP-5
co
s
w
BP-5
RU
Z
LL
RUARM
.J
C3-1
RR
C3-1'
RU
WELLINGTQN
STRE£T EAST
RU-ORM
RU
x
BP
BP
v
BP
BP-4
BP-4
3L
RU-
BP
ORM:
.V nv
0-9
BP-4
o
BP-4
M
0
0-9
0
O
O-9 (H)
SP-41 Specific By -Law 4810-06.D
(H) BP.7
Schedule "AK" To By -Law Number 5447-12
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: PART LOT 20, CONCESSION 3
(1623 WELLINGTON STREET EAST)
BUSINESS PARK HOLDING (H) BP-8 EXCEPTION ZONE LANDS
BUSINESS PARK (BP) ZONE LANDS
N
A