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BYLAW - Amend 2213 78 (754326 Ont. Ltd) - 19930526 - 344092(754326 Ontario Limited) BY-LAW NUMBER 3440-92 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. l NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows: 1 1. That the zoning category applying to the lands shown in shading on Schedule "A" ~ attached hereto and forming part of this By-law is hereby amended from "Restricted Industrial (Ml-A) Exception Zone" to "Residential Commercial (C7) Zone". 2. That the following is added as Section 23.C "Residential Commercial (C7) Zone". The following provisions shall applft~ all Residential Commercial (C7) Zones. 23.C.l a) Uses Permitted Main Floor banks or financial establishments business and professional offices, excluding medical restaurants dry cleaner's distribution depots personal service shops travel agencies retail stores excluding supermarkets and warehouse drugstores private clubs and health centres day care centres data processing centres The commercial floor area of the uses listed above shall not exceed 1235 square metres. b) Upper Floors 23.C.2 23.C.2.1 Notwithstanding the provisions of Sections 6.13.5 and 6.13.6, the upper floors shall be used for a maximum of 70 dwelling units in accordance with Section 7.4. Zone Requirements Lot Specifications Lot Area (minimum) Lot Frontage (minimum) 5300 square metres 24 metres Notwithstanding any provisions to the contrary, the front lot line shall be the lot line abutting Industrial Parkway North. i" 23.C.2.2 23.C.2.3 23.C.3 23.C.4. 23.C.5 23.C.6 -2- Siting Specifications Front Yard (minimum) Rear Yard (minimum) Exterior Side Yards (minimum) Wellington Street East Centre Street 14 metres 20 metres 21 metres 4.5 metres .. ---·---------···------.--------------- Notwithstanding the above, the minimum setback from the daylighting triangle at. Industrial Parkway North and Centre Street shall be 11 metres for the main building and 7 metres for the 1.5 metre high masonry screen wall adjacent to the garbage room. The minimum setback from the daylighting triangle at Industrial Parkway North and Wellington Street East shall be 14 metres for the main building. Building Specifications Height (maximum) 5 storeys, exclusive of below grade parking and mechanical equipment Notwithstanding any provisions to the contrary, the enclosed parking structure shall be constructed in its entirety below grade with the exception of ramps, stairwells and vents. Floor Area Ratio (maximum) 140 percent Coverage (maximum) 42 percent Buffer Strip Requirements Notwithstanding the provisions of Section 6.31, the required buffer strip adjacent to the southern lot line abutting the residential property shall be 1 metre. Landscaping Requirements A minimum 3 metre landscape strip shall be provided adjacent to Wellington Street East, Centre Street and Industrial Parkway North. Notwithstanding the above and the provisions of Section 3.64, for purposes of this section such landscaping may include retaining walls and vents. Access ramps or driveways shall be permitted to cross such landscaping strips, provided they are more or less perpendicular to the streetline. Parking A minimum of 161 parking spaces shall be provided, 105 of which are below grade. Loading Notwithstanding the provisions of Section 19.2, the required number of loading spaces shall be nil. ,': ·>,\ 23.C.7 23.C.8 23.C.9 23.C.l0 -3- )lccessory Structures Notwithstanding the provisions of Section 6.2, a padmount transformer, with a 1.5 metre high masonry wall on 3 sides, may be permitted in the required exterior side yard adjacent to Centre Street adjacent to the below grade electrical room. Children's play equipment may be permitted in the required rear yard provided it is set back a minimum of 1.2 metres from all property lines. Yard and Setback Encroachments Permitted Notwithstanding the provisions of Section 6.48, a second floor terrace may be permitted to encroach a maximum of 10 metres into the required rear yard and of 6 metres into the required exterior side yard adjacent to Wellington Street East. Steps to the second floor terrace may project a further 3.5 metres into the required rear yard. )l canopy may be permitted to encroach a maximum of 1.5 metres into the required exterior side yard adjacent to Centre Street. )ln attached structure, including roofed porches, extending the full height of the building may be permitted to encroach a maximum of 1.5 metres into the required exterior side yard adjacent to Wellington Street East. )l 1.5 metre high masonry screen wall adjacent to the garbage room and attached to the main building may be permitted to encroach the full extent of the required exterior side yard adjacent to Centre Street. Below Grade Setbacks Notwithstanding the provisions of Section 23.C.2.2 above, the foundation walls of the below grade parking garage exclusive of any vent locations, shall be setback as follows: Front Yard (minimum) Rear Yard (minimum) Exterior Side Yards (minimum) Wellington Street Centre Street 0.8 metres 4.5 metres 8.0 metres 0.5 metres Notwithstanding the above, the required setback of the foundation walls of the below grade parking garage from the day lighting triangles shall be nil. )lffienity kea Notwithstanding the provisions of Section 7.2, a minimum of 18 square metres of outdoor amenity area per dwelling unit shall be provided in accordance with the following: Parkette/Playground kea 713 square metres (minimum) Second Floor Terrace 562 square metres (minimum) - 4 - 23.C.ll General The provisions of Sections 7.8 and 24.3.2 shall not apply. 3. 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 16th DAY OF DECEMBER , 1992. READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF MAy , 1993. L. ALLISON, CLERK ,. . . TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: PART OF LOTS 106 AND 107 REGISTERED PLAN 246 l!llJ SUBJECT LAND REZONED FROM M1-A TO C7 THIS IS SCHEDULE " A" TO BY-LAW No. SffO ~ q·~ PASSED THIS _ '(/:f.-DAY OF -~f-tlffrlf--19 f2- CLERK J MAY~ ls-11 I WELLINGTON SCHEDULE nAn TO BY-LAW No. 3<No-q5 -c.--____ ,__:__:___.::__. __ ~·------------- Explanatory Note Re: Zoning By-law 34"l0-q3 By-law ,. 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 being Part of Lots 106 and 107, Plan 246, municipally known as 160 and 162 Wellington Street East and 155 Centre Street from "Restricted Industrial (M1-A) Exception Zone" to "Residential Commercial (C7) Zone". The amendment is to permit the redevelopment of the site for a mixed use residential/commercial building with a maximum of 1235 square metres (13,293.9 square feet) of retail and service commercial uses on the ground floor and a maximum of 70 residential apartment units on the upper four floors. The By-law establishes a maximum building height of 5 storeys, exclusive of mechanical equipment and a below grade parking structure. The By-law incorporates site specific lot, siting and building specifications, as well as minimum setbacks for the below grade parking garage; maximum permitted encroachments for various structures into required yards; provision for play equipment in the required rear yard and a pad mount transformer in the required exterior side yard adjacent to Centre Street, and specific outdoor amenity area requirements. The By-law also requires a minimum of 161 parking spaces, 105 of which are to be below grade, and a minimum 3 metre (9.8 feet) landscape strip adjacent to Centre and Wellington Streets and Industrial Parkway North. Other exceptions to the general provisions include: • reduction in the required number of loading spaces from 2 to nil; • reduction of the required buffer strip along the southern lot line abutting the residential property from 1.5 to 1 metre (4.9 to 3.3 feet); • exemption from the minimum yard requirement abutting an Industrial Zone and minimum distance separation between residential and industrial buildings. o••w • : I •• ~. :. ·----~"' ,,. I ' HOI,.LAN0Vt£W \ \ DR I CT. \ r--.:. 0 ::-8.-'2-NDt.ti/11+ \ " ' \ I 81 80 ~ 7f -----~~/ 78\ APPROlCJMAT£ LOCATION OF SUBJEcr LANDS FOLIO#I/99 OCT -8 1993 OBIII993-b I FOLIO# I 1'1:2 li1 ~BlDD,. Ontario Ontario Municipal Board ommission des affaires municipales de !'Ontario Adrienne Cameron and 915343 Ontario Limited have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c.P. 13 against Zoning By-law 3440-93 of the Town of Aurora 754326 Ontario Limited has brought a motion before the Ontario Municipal Board under subsection 34(25) of the Planning Act, R.S.O. 1990, c.P. 13 to dismiss the appeals without a full hearing R 930251 C 0 U N S E L : Stephen LeDrew G. Whicher for for 754326 Ontario Limited Town of Aurora DISPOSITION as noted on Hearing Dated September 16, 1993 and ORDER OF THE BOARD The appellant Cameron did not appear and was not represented, The appeal by 915343 Ontario Limited has been withdrawn. After hearing representations and considering all available material respecting Ms Cameron's appeal, the Board concludes that there are no discernible grounds disclosed with which the Board could deal on a hearing of the appeal. The appeal is therefore dismissed on the ground that the objections to the by-law are insufficient to warrant a hearing. The Board orders that the appeal is dismissed. 12;/};M/; { ';_~ BROOKS MEMBER ~'~~<j c.:::~ ;-::_._·.