BYLAW - Amend By law 2213 78 (Canadian Tire Real Estate Canadian Tire Store) - 19960515 - 372496DTown 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 <1990>
I, Lawrence Allison, hereby certify that the notice for By-law #3724-96.D of the Corporation of
the Town of Aurora, passed by the Council of the Corporation on the 15th day of May, 1996, was
given on the 21st day of May, 1996, 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 lOth day of June, 1996, 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 11th day of June, 1996.
L renee Allison, A.M.C.T.
Municipal Clerk
(Canadian Tire Real Estate-
Canadian Tire Store)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 3724-96.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:
1 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 "Restricted
Industrial (M1) Zone" to "Shopping Centre Commercial Holding (H)C4-15 Exception Zone".
2. That Schedule "R" is hereby attached as it affects the lands zoned "C4-15" and forms part
of this By-law.
3. That Section 23 is hereby amended by adding the following as Section 23.15 "Shopping
Centre Commercial (C4-15) Exception Zone".
The lands shown zoned C4-15 on Schedule "A", being Part 3 Reference Plan 65R-18443
shall only be used in accordance with the following provisions.
23.15.1
23.15.2
23.15.2.1
23.15.2.2
Uses Permitted
The lands shown zoned C4-15 on Schedule "A" shall only be used for a retail
store selling home products, automotive supply and sport and leisure products
within a single building, which may include the following ancillary uses:
automotive service and repair centre;
garden and nursery sales and supply centre including seasonal outside
storage of goods which are intended to be sold, and contained within
a defined area in accordance with Schedule "R" attached hereto and
an approved site plan;
food services which are ancillary and accessory to the main permitted
uses provided that the total floor area devoted to the food services
uses does not exceed 230 square metres; and
associated warehousing and office space contained within a defined
area in accordance with an approved site plan.
Zone Requirements
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specifications
28 000 square metres
130 metres
In accordance with Schedule "R" attached as more specifically set out as
follows:
23.15.2.2.1 Notwithstanding any provisions to the contrary, Building "A", including any
area intended to be used for seasonal outside storage of goods, shall be
setback a minimum distance of: 110.0 metres from Yonge Street: 6.0 metres
from the westerly boundary of Part 3 on Reference Plan 65R-18443; 17.0
metres from the southern lot line; and 8.5 metres from the northerly boundary
23.15.2.3
23.15.3
23.15.4
23.15.5
23.15.6
23.15.7
23.15.8
23.15.9
23.15.10
of Part 3 on Reference Plan 65R-18443.
Building Specifications
Lot Coverage (maximwn)
Height (maximwn)
35 percent
10 metres
Notwithstanding any other provisions to the contrary, the maximwn gross
floor area, exclusive of the outdoor garden and nursery sales and supply
centre, shall not exceed 8,200 square metres.
Notwithstanding any other provisions of this by-law, commercial floor area
of any kind shall not be permitted outside the building envelope for Building
"A" as shown on Schedule "R" with the exception of the outdoor garden and
nursery sales and supply centre.
Accessory Buildings/Structures
Notwithstanding the provisions of Section 6.2, an entrance identification
tower may be permitted and shall be setback a minimwn of one (1) metre
from Yonge Street and 6.0 metres from the northerly boundary of Part 3 on
Reference Plan 65R-18443, and shall have a maximwn height of 12 metres.
Any signage associated with the entrance identification tower shall be in
accordance with the Town's sign by-law. A padmount transformer may be
located in the yard abutting the western boundary of Part 3 Reference Plan
65R-18443 provided it is setback aminimwn distance of one (1) metre from
the western boundary of Part 3 Reference Plan 65R-18443.
Ingress and Egress
Notwithstanding the provisions of Section 6.27.8(e), a shared access ramp
shall be permitted servicing the subject lands and the lands immediately north
within Part 2 on Reference Plan 65R -1844 3 and such single direction access
ramp shall not be less than 4.5 metres in width at the street line.
Access From Residential Zones to Commercial Zones
The provisions of Section 6.27.9(a) shall not apply to the lands zoned C4-15.
Encroachments
Notwithstanding the provisions of Section 6.48, fire access stairs and
landings shall be permitted to project a maximwn of 1.2 metres into the
minimum required yard abutting the western boundary of Part 3 Reference
Plan 65R-18443.
Loading Space
Notwithstanding the provisions of Section 19.2.1, the required nwnber of
loading spaces shall be a minimwn of two if the gross floor area is less than
6000 square metres and a minimwn of three if the gross floor area is greater
than or equal to 6000 square metres. All other provisions of Section 19.2
shall apply.
Outside Storage and Display of Goods and Materials
Outdoor storage and display of goods and materials shall be permitted only
as an accessory use to the garden and nursery sales and supply centre and
shall be limited to a maximwn area of 1700 square metres in accordance with
an approved site plan and comply with the provisions of Section 19.3 with
23.15.11
23.15.12
23.15.13
23.15.14
the exception that subsection 19.3. 7 shall not apply.
Parking.
Notwithstanding any provisions to the contrary, the minimum parking
requirement shall be calculated on the basis of: 6 spaces per 100 square
metres of retail and/or accessory food services use; I space per 90 square
metres of warehouse use; 3.3 spaces per 90 square metres of office use; and,
6 spaces per 1 00 square metres of service centre use.
Notwithstanding the provisions of section 6.26, the required manoeuvring
area for 8 parking spaces associated with the automotive service and repair
centre use shall be nil.
Notwithstanding any other provisions ofthis by-law, no parking areas shall
be permitted on a temporary or other basis within any proposed building
envelope as contemplated by Schedule "R" attached.
Landscaping
A strip of land shall be provided adjacent to the entire length of the eastern,
western and southern 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. The landscape strip abutting the westem lot line may also include
a padmount transformer in accordance with an approved site plan. 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 6 metres abutting
Y onge Street and the southern property line and of 3 metres abutting the
western lot line.
Buffer Strips
Notwithstanding the provisions of Section 6.31, a planting strip with a
minimum width of 3 metres shall be provided along the entire length of the
western property line. The buffer strip may include a padmount transformer
in accordance with an approved site plan. Where ingress or egress driveways
or walkways extend through the planting strip, it shall be permissible to
interrupt the strip within 1.5 metres of the edge of such driveway and/or
walkway.
Holding Prefix
Notwithstanding the provisions of Section 23.15.1 to 23.15.13 above, while
the "(H)" Holding prefix is in place, no person shall within the lands zoned
(H)C4-15 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. However, parking areas, driveways and
entrance and exit ramps shall be permitted on lands zoned (H)C4-15 for the
purpose of serving buildings or structures in use, or under construction within
lands zoned C4-16 immediately to the north. Furthermore, driveways and
entrance and exit ramps shall be permitted on lands zoned (H)C4-15 for the
purpose of serving any row house dwellings which are permitted on the lands
zoned R6-36 immediately to the west in advance of the construction of
buildings or structures intended in the (H)C4-15 zone. 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)C4-15 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, that the required
widenings and day lighting triangles for the lands included in Reference Plan
65R-18443 in their entirety have been conveyed to the satisfaction of the
Town, and that the relevant provisions of the Official Plan, as amended, have
been complied with.
Upon removal of the "(H)" Holding prefix from the lands zoned (H)C4-15
pursuant to Section 36 of the Planning Act, or a successor thereto, the
provisions applicable to the said lands shall be as set out in Sections 23.15.1
to 23.15.13 inclusive.
4. 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 27 DAY OF March I996.
READ A THIRD TIMEANDFINALLYPASSED THIS (fDAYOF J1!l/'& I996.
L. ALLISON, MUNICIPAL CLERK
TOWN OF AURORA
PART OF LOTS 76 & 71, CONCESSION I, W.Y.S.
BEING PART 3, PLAN 65R-18443
TOWN OF AURORA
REGIONAL MUNICIPAUTY OF YORK
M1
(H)C4-15
C4
R6
RA2
THIS IS SCHEDULE 'A'
TO BY·LAW No •. _:_).Li:ll'f2!!.:J!'
SCHEDULE 'A' TO BY-LAW No. 3724-96.D
.TOWN OF AURORA
THE REGIONAL MUNICIPAUTY OF YORK
LOCATION: PART·OF LOTS 76 & 77, CON.I W.Y.S.
BEING PART 3, PLAN 65R-18443
EXISTING A L
SCHEDULE "R" TO BY-LAW NO. m4-96.n
Explanatory Note
Re: Zoning By-law 3724-96.D
By-law 3724-96.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 3 Reference Plan 65R-18443, located on the west side ofYonge Street to the south
of Murray Drive as shown on the key map below, from "Restricted Industrial (Ml) Zone" to
"Shopping Centre Commercial Holding (H)C4-15 Exception Zone". The rezoning is to permit the
development of the lands for a single building to be used for a retail store selling home products,
automotive supply and sport and leisure products, and including an automotive service centre, garden
centre, limited food services, and accessory warehouse and office uses. The By-law establishes site
specific lot, siting and building requirements, and standards pertaining to accessory structures,
access, encroachments, loading and parking, landscaping and buffer strips, and outside storage.
The Holding (H) prefix applying to the C4-15 zone must be removed prior to any development of
the lands other than parking/driveways servicing adjacent lands to the immediate north and west.
Removal of the Holding (H) prefix involves further notice but not the opportunity for third party
appeal. Conditions for removal of the Holding prefix set out in the by-law require the execution of
a site plan agreement, conveyance of widenings and day lighting triangles, and conformance with the
relevant provisions of the Official Plan, as amended.
APPROXIMATE LOCATION OF
SUBJECT LANDS