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BYLAW - Amend 2213 78 (Beavertop,Montessori) - 19950524 - 362995DBeavertop -Montessori (Industrial Parkway North) THE CORPORATION OF THE TOWN OF AURORA By-law Number 3629-95.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 the shading 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 "General Industrial Specific Holding (H)M5-3 Exception Zone". 2) That Section 27.B is hereby amended by adding the following as Section 27.B.8, "General Industrial Specific Holding (H)M5-3 Exception Zone": 27.B.8.1 27.B.8.2 27.B.8.2.1 27R8.2.2 27.B.8.2.3 27.B.8.3 ~!. Uses Permitted Notwithstanding the provis.wns of Section 27.B.l respecting Uses Permitted, the lands shown zoned M5-3 on Schedule "A" shall only be used for a Public or Private School, or Commercial School and accessory uses. For the purposes of this section commercial schools shall be limited to primarily elementary school-aged children. ' Zone Requirements Lot Specifications In accordance with Section 27.B.2.1 Siting Specifications In accordance with Section 27.B.2.2 with the exception that the minimum rear yard setback shall be 15.0 metres and the minimum interior side yard setback shall be 6 metres. Building Specifications In accordance with Section 27.B.2.3 with the exception that the maximum building height shall be 8.0 metres. Landscaping Requirements 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. Notwithstanding the above and the provisions of Section 3.64, for the purposes of this section, such landscaping may include retaining walls and curbs. Access ramps or driveways shall be permitted to cross the 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 3 metres with the exception that the minimum width of the landscaping strip shall be 1.5 metres abutting the northern lot line shall. 1 27.B.8.4 27.B.8.5 27.B.8.6 27.B.8.7- ii) A minimum of ten percent ( 10%) of the lot area shall be used for no other purpose than landscaping. 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. iv) The landscaping strip along the western property line abutting the railway shall include a berm with a minimum height of 2.5 metres and a maximum slope of 2.5 to I. A minimum 1.83 metre high fence shall be constructed on the berm in conjunction with a 1.5 metre wide planting strip consisting of suitable trees and shrubs which are no less than 1.5 metres in height. v) The landscape strip abutting the lands shown zoned M5-2 on Schedule 'A' shall include a 1.5 metre wide planting strip consisting of suitable trees and shrubs which are no less than 1.5 metres in height. Parking The parking requirement shall be the greater of: 1) the number of parking spaces required under Section 6.26; or 2) 10 spaces per each 90 square metres of public assembly space including a gymnasium. Loading The provisions of Section 24.2 shall not apply. Outside or Open Storage Notwithstanding any provisions to the contrary no outside or open storage shall be permitted. HOLDING PREFIX Notwithstanding the provisions of Section 27.B.8 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)M5-3 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)M5.3 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 and the Corporation of the Town of Aurora. Upon removal of the "(H)" Holding prefix from the lands zoned (H)M5-3 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 Sections 27.B.8.1 to 27.B.8.6 inclusive. 2 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 lOTH DAY OF MAY, 1995. READ A TillRD TIME AND FINALLY PASSED TillS 24th DAY OF May1995. K~JIWN,~€~ GORDON WHICHER, DEPUTY CLERK/SOLICIT R 3 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: PART OF LOT 85 CONCESSION 1 E.Y.S. R 1::::::1 SUBJECT LANDS REZONED FROM RU AND E.P. TO(H)MS-3 ST. JOHN'S 0 THIS IS SCHEDULE "A" TO BY-LAW NO. 3629-95. PASSED THIS 24th DAY OF Mav 1995 c::::1tvlL 0-9 ----" (H)MS-3 SCHEDULE "A" TO BY-LAW NO. 3629-95.0 Explanatory Note Re: Zoning By-law Number By-law 3629-95.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 85, Concession 1 E.Y.S. located on the west side of Industrial Parkway ·south of St. John's Sideroad, from "Rural General (RU) Zone" and "Environmental Protection (E.P.) Zone" to "General Industrial Specific Holding (H)M5-3 Exception Zone". The By-law permits the lands to only be used for a public or private school, or commercial school limited to primarily elementary school-aged children. Exceptions to the standards of the M5 zone include an increase in the minimum required rear yard setback from 9 to 15 metres (29.5 to 49.2 feet) and the minimum required interior side yard setback from 3 to 6 metres (9.8 to 16.7 feet) and a reduction in the maximum permitted building height from 15 to 8 metres (49.2 to 26.2 feet). The By-law requires landscaping strips of a minimum width of 3 metres (9.8 feet) along the front, rear and southern lot lines and of 1.5 metres (4.9 feet) along the northern lot line and specifies requirements for a berm, planting and fencing abutting the railway. The By-law also sets out a parking standard, eliminates loading space requirements, and prohibits outside storage. The "H" Holding prefix applied to the land must be removed prior to development requiring public notice but not further opportunity for appeal. The By-law provides that the "H" prefix not be removed until a Site Plan Agreement has been executed. Prior to the removal of the "H" prefix, the lands zoned (H)M5-3 are restricted to the uses existing on the date of passage of the By-law. 26 25 24 23 22 21 2C Town of Aurora 100 John West Way Box No. 1000 Aurora, Ontario L4G 6)1 Tel: (905) 727-1375 AFFIDAVIT UNDER SECTION 34(22) OF THE PLANNING ACT (J99ffi I, Lawrence Allison, hereby certify that the notice for By-law #3629-95.D of the Corporation of the Town of Aurora, passed by the Council of the Corporation on the 24th day of May, 1995, was given on the 26th day of May, 1995, in the manner and form and to the persons prescribed by Ontario Regulation 404/83, as amended, made by the Lieutenant Governor-in-Council under subsection 18 of section 34 of The Planning Act (1990). I also certify that the 20 day objection period expired on 15th day of June, 1995, and to this date no notice of objection to the. By-law has been filed by any person in the office of the Clerk. Dated this 16th day of June, 1995. Lawrence Allison, A.M.C.T. Municipal Clerk ~!.