BYLAW - amend 2213 78 (merkur) - 19941026 - 357994D1
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Q@I:!I;F! IS[3U6 DATE
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MAY 1 ;t 1995 · R 950062
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,, '8 # "IJ'il'\"!9""'$-·-:""31 FOLIO# J 2 73 I Ontario Municipal Board
COUNSEL:
commission des affaires municipales 'd'W'Na~~r i\ lJ PA.l !\ /'1
IN THE MA TIER OF Section 34(25) of the PlcidiJrll's£ I V [ [i
8Qt, R.S.O. 1990, c. P.13
AND IN THE MATTER OF the Ontario M~ici~~~ 16 A9 :05
Board File No. R 950062, being an appeal ofthe
Town of Aurora Zoning By-law 3579-94-ocatiBftfuiJt.PARII~ENT
appeal by First Professional Management Inc. of the
passage of said By-law on the 26th day of October,
1994
Charles B. Cohen David Merkur Holdings Inc.
Murray H. Chusid, Q.C. First Professional Management Inc.
DISPOSITION delivered by R. D. M. OWEN on April12, 1995
and ORDER OF THE BOARD
Mr. Chusid advised the Board his client withdraws the appeal. Mr. Cohen is not
pursuing his motion nor costs.
The appeal having been withdrawn, the appeal is dismissed and the Board so
orders.
R. D. M. OWEN
VICE-CHAIR
(Merkur)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3579-94.D
BEING A BY-LAW to
amend By-law 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 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
"Shopping Centre Commercial (C4#1) Exception Zone" and "Environmental
Protection (E.P.) Zone" to "Shopping Centre Commercial (C4-12) Exception
Zone" and "Environmental Protection (E.P.) Zone".
2) THAT Section 23 is hereby amended by deleting Section 23.2.2.1.
3) THAT Section 23 is hereby amended by adding the following as Section 23.12
"Shopping Centre Commercial (C4-12) Exception Zone".
23.12.1 Uses Permitted
-banks or fmancial establishments
-bow ling alleys
-business and professional offices
-drug stores
-dry cleaner's distribution stations or depots
-libraries, post offices and government administrative offices
-laundries
-automobile washing establishments
-medical and dental laboratories
-places of entertainment
-personal service shops
-retail stores
-supermarkets
-day care centres
-health centres
-animal hospitals
-light service shops
-commercial clubs
-religious institutions
-clinics, restaurants, take-out restaurants, and drive-thru
restaurants provided that no part of any drive-thru restaurant
shall be closer than 76 metres to the western lot line and that the
combined floor area of all restaurants and medical clinics does
not exceed twenty percent of the total commercial floor area.
Notwithstanding the provisions of Section 3.107, for the purposes
of the C4-12 zone, Take-out Restaurant 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 'Drive-Thru Restaurant'.
For the purposes of this section, Drive-Thru Restaurant shall
mean 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.
23.12.2
23.12.2.1
23.12.2.2
23.12.2.3
- 2 -
-gymnasiwns catering to athletic programs and activities for
minors
-commercial schools provided that the combined commercial floor
area devoted to the use does not exceed 186 square metres. For
the purposes of this section, commercial schools shall not include
elementary schools.
-automotive rental establishments in accordance with the
provisions of Section 19.3 with the exception that Section 19.3.1
shall not apply. Notwithstanding any provisions to the contrary,
the area used for the display and/or storage of vehicles shall be
permitted in the rear and/or interior side yards only and shall be
in addition to the areas required for parking. The maximwn
length of any vehicle displayed/stored on the site shall not exceed
7 metres in length, 2.5 metres in width, or 2.2 metres in height.
- 1 apartment suite for caretaker accommodation in accordance
with the provisions of Section 7.4
Zone Requirements
Lot Specifications
In accordance with Section 23.2.1
Siting Specifications
In accordance with Section 23.2.2 with the exception that the
minimwn required front yard shall be nil and the minimwn
required interior side yard shall be 6 metres.
Building Specifications
In accordance with Section 23.2.3.
4) THAT Section 6.26.2.1 is hereby amended by replacing the words "designated
#1 on Map 4 of Schedule A" in the first sentence, with the words "shown zoned
C4-12 and E.P. on Schedule A".
5) THAT 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 TIME THIS 14TH DAY OF SEPTEMBER, 1994.
READ A SECOND TIME THIS 14TH DAY OF SEPTEMBER, 1994.
READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF OCTOBER,
1994.
'I
J. WEST, MA L.
Explanatory Note
Re: Zoning By-law Number 3579-94.D
By-law 3579-94.D 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 Lot 77 Concession 1 W.Y.S., municipally known as 14800
Yonge Street, from "Shopping Centre Commercial (C4#1) Exception Zone" and
"Environmental Protection (E.P.) Zone" to "Shopping Centre Commercial (C4-12)
Exception Zone" and "Environmental Protection (E.P.) Zone". The by-law amends the
uses permitted on the site to add: day care centres; health centres; animal hospitals;
light service shops; commercial clubs; religious institutions; gymnasiums catering to
athletic programs and activities for minors; automotive rental establishments subject to
specific restrictions on the size of vehicles and the display/storage areas; commercial
schools excluding elementary schools and provided the combined floor area devoted to
the use does not exceed 186 square metres; dry cleaning distribution depots; and drive-
thru and take-out restaurants provided that the combined floor area of all restaurants and
clinics does not exceed 20 percent of total commercial floor area and that drive-thru
restaurants are located a minimum of76 metres (249 feet) from the western property line.
The By-law also deletes automobile service stations and gasoline bars.
'I
E REGIONAL MUNICIPALITY OF YORK
PART OF LOT 77
CONCESSION 1 WYS
THIS IS SCHEDULE "A"
TO BY-LAW NO. 3"5 -D
PASSED T IS c2/1!:DA
OF ~~7lfl.k:::
SUBJECT LANDS REZONED FROM C4#1 AND E.P. TO C4-12 AND E.P.
M1
SCHEDULE "A" TO BY-LAW NO. 3~79-9/-:P.
7 ..