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BYLAW - Amend 2213 78 (Aurora Estates Winery) - 19951115 - 366695DAurora Estate Wineries THE CORPORATION OF THE TOWN OF AURORA By-law Number 3666-96.D 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: I) THAT the zoning category applying to the lands shown in dark outline on Schedule "A" attached hereto and forming part of this By-law is hereby amended from "Rural General (RU) Zone" and "Environmental Protection (E.P.) Zone" to "Shopping Centre Commercial Holding (H)C4-13 Exception Zone", "Environmental Protection (E.P.) Zone", and "Environmental Protection (EP-5) Exception Zone", more particularly described on Schedule "V" attached hereto and forming part of this by-law. 2) THAT Section 23 is hereby amended by adding the following as Section 23.13 "Shopping Centre Commercial (C4-13) Exception Zone". 23.13.1 Uses Permitted The lands shown zoned C4-13 and more particularly described on Schedule "V" attached hereto and forming part of this by-law shall only be used for a wine bottling plant, including an ancillary retail sales area, having a minimum floor area of 500 square metres. In combination with the main wine bottling use, the lands may also be used for restaurants and take-out restaurants, excluding drive-thru restaurants, provided that the combined floor area of all restaurants and take-out restaurants does not exceed 1100 square metres. Notwithstanding the provisions of Section 3.107, for the purposes of the C4-13 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'. '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. For the purposes of the C4-13 Zone, 'Wine Bottling Plant' shall mean a building or part thereof where the fermenting, manufacturing, storage and bottling of wine and wine related products takes place. The following uses may also be permitted in combination with the Wine Bottling Plant: banks or other financial establishments business or professional offices retail stores, excluding convenience retail stores and supermarkets bake shops bake shops, special travel agencies studios specialty food stores. For the purposes of the C4-13 zone, Specialty Food Store means an establishment where food products having a common theme such as, but not limited to, a meat shop, a cheese shop, fish shop, fresh produce store, bakery shop, delicatessen, health food store, frozen food provisioners, or combination thereof, are sold or offered for sale at retail but does not include any type of restaurant as defined in this by- 1 law. The combined floor area for all Specialty Food Store premises shall not exceed 1000 square metres. Notwithstanding that uses listed above are permitted in conjunction with the main use of the wine bottling plant, should the wine bottling plant cease to operate, then the other uses in this section shall, as of the day the wine bottling plant ceases to operate, be permitted uses on their own and shall be viewed as being in conformity with the provisions of this by-law. 23.13.2 23.13.2.1 23.13.2.2 23.13.2.3 23.13.3 23.13.4 Zone Requirements Notwithstanding any provisions to the contrary, for the purposes of the C4-13 Zone, St. John's Sideroad West shall deemed to be the front lot line. Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Siting Specifications Front Yard (minimum): Rear Yard (minimum) Interior Side Yard (minimum): Exterior Side Yard (minimum) Building Specifications Lot Coverage (maximum): Height (maximum) Landscaoin!! Reauirements 15 000.0 square metres 70.0 metres 50.0 metres 15.0 metres 15.0 metres 18.0 metres 35 percent 2 storeys and in no case greater than 13.5 metres i) A strip of land shall be provided adjacent to the entire length of all lot lines which shall be used for no other purpose than landscaping. Access ramps or driveways shall be permitted to cross such landscaping strips, provided they are more or less perpendicular to the street line. The width of the required landscaping strips shall be a minimum of 8.0 metres abutting Y onge Street or a reserve abutting Y onge Street, 50 metres abutting St. John's Sideroad West or a reserve abutting St. John's Sideroad West and 3.0 metres abutting all other lot lines. ii) A maximum of thirty percent (30%) of the landscape strip abutting Y onge Street or a reserve abutting Y onge Street may be used for parking purposes provided the parking is broken up by landscaped islands and the width of the landscape strip is not less than 3.0 metres in any location. iii) Where the number of parking spaces in a parking area, other than a parking garage, exceeds twenty (20), there shall be landscaping within the parking area occupying an area equivalent to not less than five percent (5%) of the parking area. Parking Requirements Notwithstanding the provisions of Section 6.26.1, the minimum required number of parking spaces shall be 145. 2 23.13.5 Holding Prefix Notwithstanding the provisions of Section 23.13 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)C4-13 on Schedule "A" attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses which existed on the date of passing of this by-law. Furthermore, no extension or enlargement of the uses which existed on the date of passing of this by-law shall occur, unless an amendment to this by-law is approved by the Council of the Corporation of the Town of Aurora and comes into full force and effect. Removal of Holding Prefix Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands zoned (H)C4-13 or any part thereof, the Town of Aurora shall be satisfied that a site plan agreement has been executed between the owner of the lands, the Corporation of the Town of Aurora, and the Regional Municipality of York if applicable. Upon removal of the "(H)" Holding prefix from the lands zoned (H)C4-13 pursuant to Section 36 of the Planning Act, RSO 1990, or a successor thereto, the provisions applicable to the said lands shall be as set out in Section 23.13.1, 23.13.2, 23.13.3 and 23.13.4. 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 15TH DAY OF NOVEMBER, 1995. READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF OCTOBER, 1996. L. ALLISON, MUNICIPAL CLERK 3 TOWN OF AURORA THIS IS SCHEDULE "V'' TO BY-LAW NO. 3666-96.0 THE REGIONAL MUNICIPALITY OF YORK A)r/ LOCATION: Part of Lot 86, Concession 1 W.Y.S. v VXf~MA-...1996 I ' VACANT \ \ ~,,t ~0 ,·-·-·-·-·-·-·-·-·-·-·-·-·-·-'"'"~'-""·-·-·-·-· • • • / ~· <:l ~ .:.:.. •• · •• •• :· ,'f,·i,\ I \ \ \ 0 . I \ \ \ I ~ ~\ \ \ I ~ ~ t l J....J..+::1t" -- -- YONGE STREET c==============================================co SCHEDULE "V" TO BY-LAW NO. 3666-96.0 TOWN OF AURORA THIS IS SCHEDULE "A" TO BY-LAW NO. 3666-9&:D THE REGIONAL MUNICIPALITY OF YORK 'iJr/ DlY PASSED LOCATION: Part of Lot 86, Concession 1 WYS . OF Uot7J1f'=: SUBJECT LANDS REZONED FROM RU AND E.P. TO (H)C4-13, E.P. ANDI:P·• I Jf I l Df.2 SCHEDULE "A" TO BY-LAW NO. 3666-96.0 Explanatory Note Re: Zoning By-law 3666-96.D By-law 3666-96.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 of Lot 86, Concession I W.Y.S. and located at the northwest comer ofYonge Street and St. John's Sideroad West, from "Rural General (RU) Zone" and "Environmental Protection (E.P.) Zone" to "Shopping Centre Commercial Holding (H)C4-13 Exception Zone", "Environmental Protection (EP-5) Exception Zone" and "Environmental Protection (E.P.) Zone". The purpose of the amendment is to permit the development of the lands for a wine bottling plant in combination with a commercial plaza. In order to ensure appropriate set-backs from Tannery Creek and Yonge Street, the by-law incorporates site specific building, siting and landscape requirements. Limitations have been placed on the floor areas of restaurants, the wine bottling plant, and all other permitted uses. Prior to the removal of the Holding prefix, the municipality shall be satisfied that a site plan agreement has been executed between the Owners of the lands, the Town of Aurora, and the Regional Municipality of York if applicable. APPROXIMATBLOCAnON OF SUBJECl' lANDS TOWN OF N~RKET