BYLAW - Amend Zoning - 19920527 - 339692DB# I '! 'f I FOLIO I I "'-.:LO I
OFI'l~~ IS!'<UE DATE
JAN 1 0 1994 -.B~
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Ontario
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oul/ft?t;/ I FOLIO#l .,t~ I . . . Ontario ~unicipal. ~oard94 .IAN lZ. All :OS
vummiSSIOn des affa1res mUniCipales de: rOhtanO [ J
Ken Banks, Kathy Banks,,. James and
Joyce Gallagher and others have
appealed to the Ontario Municipal
Board under subsectio~ 34(19) of the
Planning Act, R.s.o. 1990, C.P. 13,
against Zoning By-law 3396-92 of the
Town of Aurora
C 0 U N S E L :
Michael Watson -for Town of Aurora
R 920361
L. Gavendo -for zaroukian Holdings Ltd.
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MEMORANDUM OF ORAL DECISION delivered by E.F. CROSSLAND
and ORDER OF THE BOARD
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The Board has before it an appeal against By-law 3396-92 of the
Town of Aurora by a number of residents on Keystone Court whose
properties abut the plaza to which this by-law applies. The
appellants while not being represented by Counsel nor having the
support of professional witnesses did a commendable job in the cross
examination of the Town's witnesses and in the presentation of their
own arguments.
Their concerns were three in number.
Firstly they alleged that they did not receive notice of the
public planning meeting.
Secondly, they claimed the impact of the proposal on adjacent
lands would result in an increase of both clientele and delivery
vehicles, odours, garbage, loitering and vandalism.
Thirdly, they maintain they had received assurances in 1984 that
take out restaurants would not be permitted on this site.
As to the first complaint the evidence of the clerk called by
the Town as a witness, through the exhibits tendered indicated that
he had followed the directions of the Planning Act R.s.o. 1990, the
Ontario Municipal Board and Regulation 920 to a "T" and that the
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R 920361
Commercial C3 and C4. There is residential land to the east and
further to the south.
Prior to 1984 the subject lands were in a holding zone according
·to the Comprehensive By-law 2213-78. On April 26, 1984 Markborough
properties, the then owners of the property requested a rezoning of
the subject property 1 hectare or 2.5 acres in size with a frontage
of 165 metres or 541 feet from the "Holding" category to a C4
Shopping Centre Commercial and C2 Control Commercial.
The Planning Committee report at that time was that the C2
zoning was not appropriate but it was suggested that the C4 zoning
should have some limitations on the permitted uses. Because council
previously had made some commitments that no restaurants would be
permitted on the subject site. The official Plan Amendment therefore
contained a policy statement which stated that:
"Council will carefully review any proposed development on the
site in order to ensure that the proposed uses, the massing and
design of the proposal are compatible with and complementary to the
nearby residential uses, built forms and the Yonge Street
streetscape.
On April 30, 1984 Council requested the director of planning to
prepare a list of selected commercial uses acceptable to council and
the residential home owners and that restaurants not be·a permitted
use.
On May 25, 1984 the planner notified Markbourough Properties of
the list of suggested uses excluding a restaurant use. Markborough
indicated they required a zoning that would permit a restaurant and
suggested they would be willing to limit the type of restaurant to
a sit down style rather than a "fast food" type of establishment
suggesting that the definition of restaurant be specifically tailored
to accommodate this type of use.
Subsequently on June 4, 1984 Council adopted the planning
Committees report and in an attempt to satisfy both the owner of the
plaza and the local residents, requested the planner to prepare an
amendment to the by-law which would allow a restaurant but fast food
outlet type restaurant, patio and terrace type operations would be
excluded.
On November 5, 1984 By-law 2686-84 was passed. This was a site
specific By-law to rezone the subject property C4-3 one of the site
specific uses was "Restaurants Special" this was defined as "a
-5 -R 920361
By-law 2213-78 was drafted and the definitions restaurants take-out,
and restaurant drive-thru were fine tuned with the restricted
coverage added.
It was her opinion this by-law should apply to the whole town.
She also stated that it has already been implemented on another
similar site on Wellington Street West the Town of Aurora and in that
instance it was not challenged.
In conclusion she stated that she feels this amendment will
clarify the issue once and for all. There will always be a problem
with delivery trucks, noise, garbage, odours and loitering which the
by-law cannot control. She feels however that this by-law will give
the neighbours better protection since it limits the amount of space
that can be utilized by restaurants and medical clinics combined to
20 per cent of the gross floor area. Previously there was no
limitation on the amount of space they could utilize, conceivably it
could utilize the entire gross floor area of the plaza or 26,000
square feet.
After carefully considering all of the evidence the Board finds
that the Town has acted in a very responsible manner. It has
reacted to the neighbouring residents concerns and drafted an
amendment to the previous by-law which had some various obvious
shortcomings. With a limitation on the amount of gross floor area
that can be utilized by restaurants and medical clinics combined it
has improved the old by-law dramatically.
It is impossible to eliminate the problems alluded to by
Mrs. Banks, they are problems consistent with all malls or plazas.
At the least they cannot get worse which was a possibility had the
amendment not been passed.
As to Mrs. Banks assertion that trucks often park behind the
building under their bedroom windows creating a nuisance as a result
of the noise and exhaust, the Board finds this a slight exaggeration
since the evidence indicates her home is approximately 25 feet from
the rear of the plaza where there is a six foot (6') high wooden
fence on top of a 3 foot high berm located on a landscaped strip of
open space followed by a fire lane approximately 10 feet wide. In
all, this would indicate the trucks must be parked at least 45-50
feet from her home.
( Zaroukian Holdings Limited)
BY-LAW NUMBER 33 9 6-92
OF THE CORPORATION OF THE TOWN OF AURORA
BEING A BY-LAW to amend By-law No. 2213-78
WHEREAS it is deemed advisable to amend By-law number 2213-78.
NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as
follows:
1. That Section 23.3.3 is hereby amended by deleting the contents of that section and
replacing them with the following:
23.3.3 Notwithstanding the provisions of Section 23.1, the lands shown zoned C4-3
may be used only for the following uses:
-business and professional offices
-drug stores
-libraries, post offices and government administrative offices
-medical and dental laboratories
-personal service shops
-retail stores
-restaurants special, take out restaurants and medical clinics, provided that
the combined floor area of these uses does not exceed a maximum of twenty
percent of the total built floor area
Notwithstanding any provisions to the contrary, for the purposes of the C4-3 zone, 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' or
an outdoor patio.
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.
All provisions of Section 23.2 shall apply.
2. No part of this By-law will come into force until the provisions of the Planning Act
·have been complied with, but subject to such provisions the By-law will take effect
from the day of passing thereof.
READ A FIRST AND SECOND TIME THIS 13th DAY OF May ' 1992.
•,
READ A THIRD TIME AND FINALLY PASSED THIS 27th DAY OF MAY ,1992.
L. ALLISON, CLERK
Explanatory Note
Re: Zoning By-law
By-law 3.59&-tbas the following purpose and effect:
To amend By-law 2213-78 the Zoning By-law in effect in the Town of Aurora to amend the
provisions of the "Shopping Centre Commercial (C4-3) Exception Zone", applying to Block
16, R.P. 65M-2207, municipally known as 15461 and 15483 Yonge Street. The amendment
is to add 'take-out restaurants' as a permitted use provided that the combined floor area of
all restaurants and medical clinics does not exceed twenty percent of the total built floor
space. The by-law defines 'take out restaurants' to exclude both outdoor patios and 'drive-
thru restaurants'.
APPROXIMATE LOCATION OF
SUBJECT LANDS
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