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BYLAW - Amend By law 2213078 (Canadin Tire Real Estate Additional Commercial) - 19960515 - 372696D----------------------~r-----·-·T-·--·- (Canadian Tire Real Estate- Additional Commercial) THE CORPORATION OF THE TOWN OF AURORA By-law Number 3726-96.D BEING A BY-lAW to amend By-law No. 2213-78 WHEREAS it is deemed advisable t0 amend By-law number 2213-78. NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows: I. That Schedule "A" is hereby amended by changing the zoning category on the lands shown in dark outline on Schedule "A" attached hereto, and forming part of this By-law from "Restricted Industrial (Ml) Zone" to "Shopping Centre Commercial Holding (H)C4-16 Exception Zone". 2. That Schedule "T" is hereby attached as it effects the lands zoned "C4-16" and forms part of this By-law. 3. That Section 23 is hereby amended by adding the following as Section 23.16: "Shopping Centre Commercial (C4-16) Exception Zone". The lands shown zoned C4-16 on Schedule "A", being Part 2 Plan 65R-18443, shall only be used in accordance with the following provisions. 23.16.1 23.16.1.1 Uses Permitted animal hospitals banks or fmancial institutions bowling alleys business and professional offices clinics, restaurants and take-out restaurants excluding drive-thru restaurants, provided that the combined floor area of all restaurants and medical clinics does not exceed twenty percent of the total commercial floor area commercial clubs commercial schools, provided that the combined commercial floor area devoted to the use does not exceed 186 square metres day care centres drug stores dry cleaner's distribution depots gymnasiums catering to athletic programs and activities for minors health centres laundries libraries, post offices and government administrative offices light service shops medical and dental laboratories personal service shops places of entertainment excluding cinemas religious institutions retail stores specialty food stores, provided the combined floor area devoted to such use does not exceed 1700 square metres 1 apartment suite for caretaker accommodation in accordance with the provisions of Section 7.4 Notwithstanding any provisions to the contrary, driveways, parking areas, entrance and exit ramps servicing lands immediately to the west and zoned 23.16.1.2 23.16.1.3 23.16.2 23.16.2.1 23.16.2.2 R6-36, and lands immediately to the south zoned C4-15, shall also be permitted on the lands zoned C4-16, provided that no driveway, and/or parking area, and/or loading area shall be permitted within any building envelope delineated on Schedule "T". Notwithstanding any provisions to the contrary, department stores including junior department stores, and/or supermarkets shall not be permitted on the lands shown zoned C4-16. Notwithstanding any provisions to the contrary, for the purposes of the C4-16 zone, the following definitions shall apply: 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-law. Supermarket means an establishment greater than 1700 square metres primarily engaged in retailing a balanced line of goods such as canned, bottled, packaged and frozen foods; fresh meat and poultry; fish; fresh fruits and vegetables; prepared food products; bakery products; dairy products; candy and confectionary, and other food lines. In addition, newspapers, magazines, paper products, soft drinks, tobacco products, health and beauty aids, housewares, flowers and plants and other non-food articles may be sold. Take-out Restaurant means 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 means 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. Department Store, including a Junior Department Store, means a retail store where a wide range of general merchandise such as household furniture and furnishings, household appliances, clothing and apparel, hardware, paint and wallpaper, drugs, books and stationery, and other miscellaneous retail goods and commodities are sold on a departmentalized basis. Zone Requirements Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Siting Specifications 18,000 square metres 90 metres In accordance with Schedule "T" attached as more specifically set out as follows: 23.16.2.2.1 Building "B" shall be setback a minimum distance of: 23.0 metres from Murray Drive; 10.5 metres from the westerly boundary of Part 2 on Reference Plan 65R-18443; 132.0 metres from Yonge Street; and, 8.5 metres from the southerly boundary of Part 2 on Reference Plan 65R-18443. 23.16.2.2.2 Notwithstanding the provisions of Section 6.30 or any other provisions to the contrary, Building "C" shall be setback a minimum distance of 9.0 metres ~!. from Murray Drive and 8.6 metres from Yonge Street with the exception that the minimum distance separation from the daylighting triangle shall be 6.5 metres. Notwithstanding any provisions to the contrary Building "C" shall be sited immediately adjacent to the landscape strip abutting Y onge Street and Murray Drive and shall extend a minimum of 50 metres along each frontage. 23.16.2.2.3 Notwithstanding the provisions of Section 6.30 or any other provisions to the contrary, Building "D" shall be setback a minimum distance of 8.6 metres from Yonge Street and 7.0 metres from the southern boundary of Part 2 on Reference Plan 65R-18443. Notwithstanding any provisions to the contrary Building "D" shall be sited immediately adjacent to the landscape strip abutting Y onge Street and shall extend a minimum distance of 20 metres along the Y onge Street frontage. 23.16.3 Building Specifications 23.16.3.1 23.16.3.2 23.16.4 23.16.5 23.16.6 23.16.7 7. Lot Coverage (maximum) Height (maximum) 35 percent 10 metres Notwithstanding any other provtswns of this by-law, the combined commercial floor area of Buildings "B", "C", and "D" shall not exceed 4800 square metres and no commercial floor area shall be permitted outside the building envelopes shown on Schedule "T". Notwithstanding the provisions of Section 6.20, a decorative tower may be permitted to project from the roof of Building "C" provided the maximum height of the combined building and tower does not exceed 17.0 metres. Any signage associated with the decorative tower(s) shall comply with the Town of Aurora sign by-law. Ingress and Egress Notwithstanding the provisions of Section 6.27 .8( e), a maximum of three entrance and exit ramps for automobile traffic shall be permitted provided that each dual direction access ramp shall have a minimum width of 7.5 metres and a maximum width of 11.0 metres, at the street line. Single direction access ramps shall not be less than 4.5 metres in width at the street line. The shared entrance and exit ramp accessing Y onge Street and divided along the common boundary between Parts 2 and 3 on Reference Plan 65R- 18443 shall be permitted. Access From Residential Zones to Commercial Zones The provisions of Section 6.27.9(a) shall not applyto the lands zoned C4-16. Loading Space Notwithstanding the provisions of Section 19.2.1, the minimum required number of loading spaces shall be: 3 spaces for Building "B"; 1 space for Building "C"; and nil for Building "D". All other provisions of Section 19.2 shall apply. Parking Notwithstanding any provisions to the contrary, the minimum parking requirement shall be calculated on the basis of 5.5 spaces per 100 square metres of commercial floor area. Notwithstanding any other provisions of this by-law, no parking areas shall 23.16.8 23.16.9 23.16.10 be permitted on a temporary or other basis within any proposed building envelope as contemplated by Schedule "T" attached. Landscaping A strip of land shall be provided adjacent to the entire length of the northern and eastern lot lines and along the boundary of Part 2 Reference plan 65R- 18443 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 western boundary of Part 2 Reference Plan 65R-18443 may also include a 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 of9 metres abutting Murray Drive and 8.6 metres abutting Yonge Street, or a reserve abutting such streets, and of 3 metres abutting the western boundary of Part 2 Reference Plan 65R-18443. Notwithstanding the above, the minimum width of the landscaping strip abutting the day lighting triangle shall be 6.5 metres. 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 boundary of Part 2 Reference Plan 65R-18443. 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 23.16.1 to 23.16.9 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)C4-16 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)C4-16 for the purpose of serving buildings or structures in use, or under construction within lands zoned C4-15 immediately to the south. Furthermore, driveways and entrance and exit ramps shall be permitted on lands zoned (H)C4-16 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)C4-16 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)C4-16 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 ~5R-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)C4-16 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 23.16.1 to 23.16.8 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 1996. READ A THIRD TIME AND FINALLY PASSED THIS ~DAY OF J11 k'f 1996. L. ALLISON, MUNICIPAL CLERK TOWN OF AURORA PART OF LOT 77, CONCESSION I, W.Y.S. BEING PART 2, PLAN 65R-18443 TOWN OF AURORA REGIONAL MUNICIPALITY OF YORK C4 ..... oR.,~43 2-16 DRIVE (H)C4•16 M1 C4 R6 RA2 THIS IS SCHEDULE 'A' TO BY-lAW No.~~~Z" ~!. SCHEDULE 'A' TO BY-LAW No. m6-96.D THIS IS SCHEDULE ''T'' TOWN OF AURORA THE REGIONAL MUNICIPAUTY OF YORK LOCATION: PART·OF LOT 77 CON.I W.Y.S. · BEING PART 2, PLAN SsR-18443 ' ~~--a\ ·-j; . - -• ; t.J\URRA 'l ------ -- --• BUILDING A II~ .. 1 I II I I I 111-l!i-1 I'll\ I II Ill II rl , ~!. SCHEDULE "T" TO BY-LAW NO. 3726-96.D Explanatory Note Re: Zoning By-law 3726-96,D By-law 3726-96.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 2 Reference Plan 65R-18443, located at the south-west comer ofYonge Street and Murray Drive as shown on the key map below, from "Restricted Industrial (Ml) Zone" to "Shopping Centre Commercial Holding (H)C4-16 Exception Zone". The amendment is to permit the development of the lands for a shopping centre comprised of three buildings with a combined maximum floor area of 4800 square metres (51,669 square feet). The By-law permits a range of commercial uses excluding cinemas, department stores and junior department stores, supermarkets, and drive-thru restaurants, and establishes site specific lot, siting and building requirements and standards pertaining to access, loading and parking, landscaping and buffer strips. The Holding (H) prefix applying to the C4-16 zone must be removed prior to any development of the lands other than parking/ driveways servicing adjacent lands to the immediate south 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 required widenings and day lighting triangles, and conformance with the relevant provisions of the Official Plan, as amended. APPROXJMATE LOCAnON OF SUBJECT LANDS Town of Aurora 100 John West Way Box No. 1000 Aurora, Ontario L4G 6)1 Tel: (905) 727-1375 AFFIDAVIT l)NDER SECTION 34(22) OF THE PLANNING ACT (1990> I, Lawrence Allison, hereby certify that the notice for By-law #3726-96.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 7.