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
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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)
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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
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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.
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APPROlCJMAT£ LOCATION OF
SUBJEcr LANDS
FOLIO#I/99
OCT -8 1993
OBIII993-b I FOLIO# I 1'1:2
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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
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