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BYLAW - Amend By law 2213 78 (1072940 Ontario Ltd.) - 19970326 - 379497D(1072940 Ontario Limited) THE CORPORATION OF THE TOWN OF AURORA By-law Number 3794-97.» 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 shading on Schedule "A" attached hereto and forming part of this By-law is hereby amended from "General Industrial (M2) Zone" to "Industrial Commercial (CS-3) Exception Zone". 2.'. That the following be added as Section 23.A.8 "Industrial Commercial (CS-3) Exception • 1 ~one": 23.A.8 23.A.8.1 The lands shown zoned "Industrial Commercial CS-3 Exception Zone" on Schedule "A" shall be used in accordance with the following: Uses Permitted taverns, bake shops, restaurant special and take-out restaurants including drive-tbru restaurants retail stores excluding supermarkets and warehouse drugstores business and professional offices, excluding medical private clubs and health centres data processing centres printing shops and office supplies personal service shops travel agencies commercial schools bowling alleys dry cleaning distribution depot Notwithstanding any provisions to the contrary, a patio shall not be permitted in the exterior sideyard adjacent to Wellington Street. Notwithstanding any provisions to the contrary, for the purposes of the CS-3 zone, the following definitions shall apply: Restaurant, Take-out: 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. Restaurant, Drive-Thru: Means a building or part thereof where food is prepared and served to the public while in motor vehicles by means of an order window service which vehicles approach in designated lanes. 23.A.8.2 23.A.8.2.1 23.A.8.2.2 23.A.8.2.3 23.A.8.2.4 23.A.8.2.5 Zone Requirements Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Siting Specifications Front Yard (minimum) Rear Yard (minimum) Interior Side Yard (minimum) Exterior Side Yard (minimum) 2000.0 square metres 27.0 metres 8.0 metres 26.0 metres 12.0 metres 3.5 metres i) Notwithstanding the exterior side yard and front yard setback, the comer of the building most north west shall have a minimum setback of 1.45 metres from the curved property boundary. ii) Notwithstanding the provisions of 6.2, a refuse enclosure shall be located a minimum of3.5 metres from the eastern lot line and 0.1 metres from the southern lot line and a padmount transformer may be located in the front yard. Building Specifications Height (maximum): 8.0 metres Floor Area (maximum) 480.0 square metres Landscape Requirements i) Notwithstanding any provisions to the contrary, the area between the exterior side lot line and the building and the front lot line and the building shall be landscaped in its entirety save and except for two parking spaces in the front yard. The width of the required landscape strip shall be a minimum of 3.5 metres abutting the eastern lot line and 0.0 metres abutting the interior side lot line. ii) A minimum of fifteen percent (15%) of the area of the lot shall be used for no other purpose than landscaping. Parking i) In accordance with Section 6.26 hereof. Notwithstanding any provisions to the contrary, a maximum of 5 parking spaces may be provided along the south property line encroaching no more than 1. 7 metres on the neighbouring property to the south and shall be included in the parking calculation for the required spaces located on site. ii) Notwithstanding any provisions to the contrary, no parking space or access driveway shall be located closer than 3.0 metres from the exterior side lot line and 4.0 metres from the rear of the building and 2.7 metres from the front of the building. Notwithstanding the above, an access driveway shall be permitted to cross the northerly lot line east of the building. 23.A.8.2.6 Loading In accordance with the provisions of Sections 19.2 and 23.A.5 with the exception that the loading space shall be provided in the interior side yard parallel with the building wall. 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 12TH DAY OF FEBRUARY, 1997. READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF MARCH, 1997. ~~ P. HEALY, DEPUTY MAYOR L. TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part Block B, R.P. 535 SUBJECT LANDS REZONED FROM M2 TO C5-3 I CS-17 I M1 'M2-5 M2 THIS IS SCHEDULE " TO BY-LAW NO. PASSED OF C3 SCHEDULE "A" TO BY-LAW NO. 3794-97.0 .D c: p.; Explanatory Note Re: Zoning By-law 3794-97.D By-law 3794-97.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 Block B, Part I, Registered Plan 535, municipally known as I Industrial Parkway South from "General Industrial (M2) Zone" to "Industrial Commercial (C5-3) Exception Zone". The amendment is to allow as permitted uses for the lands taverns, bake shops, restaurants and take-out restaurants including drive-thru restaurants, retail stores excluding supermarkets and warehouse drugstores, business and professional offices, excluding medical, private clubs and health centres, data processing centres, printing shops and office supplies, personal service shops, travel agencies, commercial schools, bowling alleys, dry cleaning distribution depot. The By-law incorporates site specific lot and siting specifications in conjunction with specific landscape provisions and to accommodate the existing building, as follows: • the lot area has been reduced from 8000 sq.m. (86,114 sq.ft.) to 2000 sq.m. (21528.5 sq.ft.); • the lot frontage has been reduced from 60 m (196.8 ft) to 27 m (88.5 ft); • the front yard has been reduced from 9.0 m (29.5 ft) to 8.0 m (26.2 ft) with a special provision to accommodate the curved property boundary a minimum of 1.4 5 m ( 4. 75 ft) from the existing building; • the exterior side yard has been reduced from 6.0 m (19.6 ft) to 3.5 m (11.5 ft) except for parking spaces which can reduce the side yard to 3.0 m (9.8 ft); • the interior side yard has been increased from 9.0 m (29.5 ft) to 12.0 m (39.3 ft); • a padmount transformer is permitted to locate in the front yard and a refuse enclosure is permitted to locate 0.1 m (0.33 ft) from the side yard and 4.0 m (13.1 ft) from the rear yard whereas accessory structures are not permitted in the front yard and the required setbacks are 6.0 m (19.6 ft) and 1.0 m (3.2 ft) respectively; • the maximum height permitted has been reduced from 15.0 m (49.2 ft) to 8.0 m (26.2 ft) and the requirements for floor space index and coverage have been deleted and the maximum floor area of 480 sq.m. (5166.85 sq.ft) included; • the landscape requirements have been tailored to fit with the existing situation on the ~ite with a minimum of 15% of the area of the lot to be used as landscaping whereas only 10% is required; • although the amount of parking provided meets the existing requirements, a maximum of 5 spaces are permitted to locate along the south property boundary, straddling the site and the neighbouring property to the south; • the loading space is permitted to be parallel with the building and facing the street.