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BYLAW - ZBA Addison Hall Business Park - 20141125 - 567314THE CORPORATION OF THE TOWN OF AURORA By-law Number 5673-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (2351528 Ontario Limited and Aurora -Leslie Developments Limited (Addison Hall Business Park), File D14-01-14). WHEREAS section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides that the councils of local municipalities may pass zoning by-laws; AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town") enacted By-law Number 2213-78, including amendments thereto (the "Zoning By- law"); AND WHEREAS the Council of the Town deems it necessary and expedient to further amend the Zoning By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the Zoning By-law be and is hereby amended to replace the `Rural General (RU) Zone" zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law with "Business Park (BP-9) Exception Zone"; 'Business Park (BP-10) Exception Zone"; "Business Park (BP-11) Exception Zone"; 'Business Park (BP-12) Exception Zone"; "Business Park (BP-13) Exception Zone"; "Open Space (0- 15) Exception Zone"; and "Environmental Protection (EP-15) Exception Zone". 2. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 27.D.13 BUSINESS PARK (BP-9) EXCEPTION ZONE 27.D.13.1 Uses Permitted a) All uses set out in Section 27.D.2 and 27.D.3 as well as the following additional Principal Use: - Office/Clinic, Medical b) Notwithstanding any provisions to the contrary, accessory uses shall only be permitted in an office building in accordance with the following provisions: - no access shall be permitted except from the interior of the building; and - outdoor freestanding exterior signs advertising the accessory uses shall not be permitted. Notwithstanding any other provisions within this By -Law, uses within the Wellhead Protection Areas as shown on Schedule "B" attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within Section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, S.O. 2006, c. 22, as amended. By-law Number 5673-14 Page 2 of 9 27.D.13.1.1 Definitions: In addition to the provisions of Sections 3 and 27.D.1, the following definition shall apply to the lands zoned Business Park (BP-9) Exception Zone: Office Building: Means a building having more than one storey used for business or professional office purposes. For the purposes of this definition, a partial second storey or a mezzanine level shall not be considered to constitute a storey. 27.D.13.2 Zone Requirements 27.D.13.2.1 Lot Specifications: In accordance with Section 27.D.4.1 hereof. 27.D.13.2.2 Siting Specifications: Yard, Front (minimum) Yard, Exterior Side (minimum) Yard adjacent to Open Space zone (minimum) Other yards 27.D.13.2.3 Landscaping Requirements: a) Adjacent to a lot line abutting a street (minimum, except at driveway locations) Adjacent to Open Space zone (minimum) Adjacent to other lot lines (minimum) 6 metres 6 metres 3 metres 3 metres 3 metres 0 metres 0 metres b) A minimum of ten percent (10%) of every lot on which a building or structure is erected shall be used for no other purpose than landscaping. 27.D.13.2.4 Building Specifications: Floor Area Ratio (maximum) Height (maximum) Distance between two buildings on the same lot 27.D.13.2.5 Loading Space Requirements: In accordance with Section 27.D.4.5 hereof. 27.D.13.2.6 Parking Requirements: In accordance with Section 27.D.4.6 hereof." 60% 4 storeys 6 metres 3. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 27.D.14 BUSINESS PARK (BP-10) EXCEPTION ZONE 27.D.14.1 Uses Permitted a) All uses set out in Section 27.D.2 and 27.D.3 as well as the following additional Principal Use: - Office/Clinic, Medical b) Notwithstanding any provisions to the contrary, accessory uses shall only be permitted in an office building in accordance with the following provisions: By-law Number 5673-14 Page 3 of 9 - no access shall be permitted except from the interior of the building; and - outdoor freestanding exterior signs advertising the accessory uses shall not be permitted. Notwithstanding any other provisions within this By -Law, uses within the Wellhead Protection Areas as shown on Schedule "B" attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within Section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, S.O. 2006, c. 22, as amended. 27.D.14.2 Zone Requirements 27.D.14.2.1 Lot Specifications: In accordance with Section 27.D.4.1 hereof. 27.D.14.2.2 Siting Specifications: Yard, Front (minimum) 6 metres Yard, Exterior Side (minimum) 6 metres Yard adjacent to Open Space zone (minimum) 3 metres Other yards 3 metres Setback to Highway 404 (minimum) 14 metres 27.D.14.2.3 Landscaping Requirements: a) Adjacent to a lot line abutting Highway 404 6 metres (minimum) Adjacent to a lot line abutting a street 3 metres other than Highway 404 (minimum, except at driveway locations) Adjacent to Open Space zone (minimum) 0 metres Adjacent to other lot lines (minimum) 0 metres b) A minimum of ten percent (10%) of every lot on which a building or structure is erected shall be used for no other purpose than landscaping. 27.13.14.2.4 Building Specifications: Floor Area Ratio (maximum) Height (maximum) Distance between two buildings on the same lot 27.D.14.2.5 Loading Space Requirements: In accordance with Section 27.D.4.5 hereof. 27.D.14.2.6 Parking Requirements: In accordance with Section 27.D.4.6 hereof." 250% 7 storeys 6 metres 4. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 27.D.15 BUSINESS PARK (BP-11) EXCEPTION ZONE 27.D.15.1 Uses Permitted a) All uses set out in Section 27.D.2 as well as the following additional Principal Use: By-law Number 5673-14 Page 4 of 9 - Office/Clinic, Medical - Public Garage - Religious Institution - Restaurant - Restaurant, Take-out - School, Commercial - School, Private (with or without boarding of students and/or staff Notwithstanding any other provisions within this By -Law, uses within the Wellhead Protection Areas as shown on Schedule "B" attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within Section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean WaterAct, 2006, S.O.2006, c. 22, as amended.. 27.D.15.2 Zone Requirements 27.D.15.2.1 Lot Specifications: In accordance with Section 27.D.4.1 with the exception that the lot line abutting Leslie Street is deemed to be the Front Lot Line. 27.D.15.2.2 Siting Specifications: Yard, Front (minimum) Yard, Exterior Side (minimum) Yard, Interior (minimum) Yard, Rear (minimum) 27.D.15.2.3 Landscaping Requirements: a) Adjacent to a lot line abutting Leslie Street (minimum, except at driveway locations) Adjacent to a lot line abutting a street other than Leslie Street (minimum, except at driveway locations) Adjacent to Open Space zone (minimum) Adjacent to other lot lines (minimum) 9 metres 6 metres 3 metres 3 metres 6 metres 3 metres 0 metres 0 metres b) A minimum of ten percent (10%) of every lot on which a building or structure is erected, shall be used for no other purpose than landscaping. 27.D.15.2.4 Building Specifications: Floor Area Ratio (maximum) Height (maximum) Distance between two buildings on the same lot 27.D.15.2.5 Loading Space Requirements: In accordance with Section 27.D.4.5 hereof. 27.D.15.2.6 Parking Requirements: In accordance with Section 27.D.4.6 hereof." 60% 4 storeys 6 metres 5. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 27.D.16 BUSINESS PARK (BP-12) EXCEPTION ZONE By-law Number 5673-14 Page 5 of 9 27:D.16.1 Uses Permitted a) All uses set out in Section 27.D.2 as well as the following additional Principal Use: - Dry Cleaning Depot - Financial Institution - Financial Institution, Drive-Thru - Office/Clinic, Medical - Personal Service Shop - Public Garage - Retail Store - Restaurant - Restaurant, Drive-Thru - Restaurant, Take-out - Service Shop, Light Notwithstanding any other provisions within this By -Law, uses within the Wellhead Protection Areas as shown on Schedule "B" attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within Section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, S.O. 2006, c. 22, as amended.. 27.D.16.2 Zone Requirements 27.13.16.2.1 Lot Specifications: In accordance with Section 27.D.4.1 except a lot line abutting Leslie Street is deemed to be a Flankage Lot Line. 27.13.16.2.2 Siting Specifications: Yard, Front (minimum) Yard, Exterior Side (minimum) Yard adjacent to Open Space zone (minimum) Other yards (minimum) 27.D.16.2.3 Landscaping Requirements: a) Adjacent to a lot line abutting Leslie Street (minimum, except at driveway locations) Adjacent to a lot line abutting a street other than Leslie Street (minimum, except at driveway locations) Adjacent to Open Space zone (minimum) Adjacent to other lot lines (minimum) 6 metres 9 metres 3 metres 3 metres 6 metres 3 metres 0 metres 0 metres b) A minimum of ten percent (10%) of every lot on which a building or structure is erected, shall be used for no other purpose than landscaping. 27.D.16.2.4 Building Specifications: Floor Area Ratio (maximum) 60% Height (maximum) 4 storeys Distance between two buildings on the same lot 6 metres 27.13.16.2.5 Gross Floor Area (maximum): No units shall exceed the gross floor area of 2,500 square metres. 27.D.16.2.6 Loading Space Requirements: By-law Number 5673-14 Page 6 of 9 a) In accordance with the following: Total Commercial or Industrial Floor Number of Loadin Area of buildinq or structure Spaces Required - 1000.0 square metres or less 0 - more than 1000.0 square metres but less than 2500.0 1 square metres - 2500.0 square metres or more but less than 7500.0 square 2 metres 2 loading spaces required plus 1 additional space - 7500.0 square metres or more for every 7500.0 square metres or fraction part thereof b) Notwithstanding subsection a) to the contrary, any Premise with a Commercial Floor Area or Industrial Floor Area of less than 400 square metres shall not be included in the Total Commercial or Industrial Floor Area of a building or Structure in the calculation of required loading spaces. 27.D.16.2.7 Parking Requirements: In accordance with Section 27.D.4.6 hereof." 6. THAT the Zoning By-law be and is hereby amended to add the following: "SECTION 27.D.17 BUSINESS PARK (BP-13) EXCEPTION ZONE 27.D.17.1 Uses Permitted a) All uses set out in Section 27.D.2 as well as the following additional Principal Use: - Dry Cleaning Depot - Financial Institution - Financial Institution, Drive-Thru - Grocery Store - Office/Clinic, Medical - Personal Service Shop - Public Garage - Restaurant - Restaurant, Drive-thru - Restaurant, Take-out - Retail Store - Service Shop, Light - Supermarket Notwithstanding any other provisions within this By -Law, uses within the Wellhead Protection Areas as shown on Schedule "B" attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within Section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, S.O. 2006, c. 22, as amended.. By-law Number 5673-14 Page 7 of 9 27.D.17.1.1 Definitions: In addition to the provisions of Sections 3 and 27.D.1, the following definition shall apply to the lands zoned Business Park (BP-13) Exception Zone: Supermarket: Means an individual food store having a gross floor area in excess of 1000 square metres and which is used primarily for the sale of food but shall not include a retail warehouse. 27.D.17.2 Zone Requirements 27.D.17.2.1 Lot Specifications: In accordance with Section 27.D.4.1 hereof. 27.D.17.2.2 Siting Specifications: Yard, Front (minimum) 6 metres Yard adjacent to Open Space zone (minimum) 3 metreS Other yards (minimum) 3 metres 27.D.17.2.3 Landscaping Requirements: a) Adjacent to a lot line abutting a street 3 metres (minimum, except at driveway locations) Adjacent to Open Space zone (minimum) 0 metres Adjacent to other lot lines (minimum) 0 metres b) A minimum of ten percent (10%) of every lot on which a building or structure is erected, shall be used for no other purpose than landscaping. 27.D.17.2.4 Building Specifications: Floor Area Ratio (maximum) 60% Height (maximum) 4 storeys Distance between two buildings on the same lot 6 metres 27.D.17.2.5 Gross Floor Area (maximum): Two (2) retail units shall be permitted to have a maximum gross floor area of 5,500 square metres. No additional units shall exceed 2,500 square metres. 27.D.17.2.6 Loading Space Requirements: a) In accordance with the following: Total Commercial or Industrial Floor Area of building or structure - 1000.0 square metres or less - more than 1000.0 square metres but less than 2500.0 square metres - 2500.0 square metres or more but less than 7500.0 square metres Number of Loading Spaces Required N u 2 - 7500.0 square metres or more 2 loading spaces required plus 1 By-law Number 5673-14 Page 8 of 9 additional space for every 7500.0 square metres or fraction part thereof b) Notwithstanding subsection a) to the contrary, any Premise with a Commercial Floor Area or Industrial Floor Area of less than 400 square metres shall not be included in the Total Commercial or Industrial Floor Area of a building or structure in the calculation of required loading spaces. 27.D.17.2.7 Parking Requirements: In accordance with Section 27.D.4.6 hereof." 7. THAT this By-law shall come into full force subject to compliance with the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. READ A FIRST AND SECOND TIME THIS 2e" DAY OF NOVEMBER, 2014. READ A THIRD TIME AND FINALLY PASSED THIS 25th DAY OF NOVEMBER, 2014. ("Vo6zz 7�;� GWfFREY DAWE, MAYOR Approvedas to Form rByL/�e' a�fServicess Sfqnaiuj,L STEPH M . HUYCXt, TOWN CLERK By-law Number 5673-14 Page 9 of 9 Explanatory Note Re: Zoning By-law Number 5673-14 By-law Number 5673-14 has the following purpose and effect: To amend By-law Number 2213-78, as amended, being the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from "Rural Residential (RU) Zone" to "Business Park (BP-9) Exception Zone"; 'Business Park (BP-10) Exception Zone"; "Business Park (BP-11) Exception Zone"; "Business Park (BP-12) Exception Zone"; "Business Park (BP-13) Exception Zone"; "Open Space (0-15) Exception Zone'; and "Environmental Protection (EP-15) Exception Zone". The rezoning will permit a business park draft plan of subdivision with a total of 33 blocks consisting of employment, office, institutional and retail uses. Schedule "A" To By -Law Number 6673-14 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part Lot 24 Concession 3 Whitchurch as in R706191 except Part 5, 65R13184 and Part 16, 65R13020, Town of Aurora (PIN 03642-0054); and Part Lot 23 Concession 3 Whitchurch as in R622711, Town of Aurora (PIN 03642-0055). LANDS REZONED FROM THE "RURAL RESIDENTIAL (RU) ZONE" TO "BUSINESS PARK (BP-9) EXCEPTION ZONE", "BUSINESS PARK (BP-10) EXCEPTION ZONE", "BUSINESS PARK (BP-11) EXCEPTION ZONE", "BUSINESS PARK (BP-12) EXCEPTION ZONE", "BUSINESS PARK (BP-13) EXCEPTION ZONE", "OPEN SPACE (0-15) EXCEPTION ZONE" AND "ENVIRONMENTAL PROTECTION (EP-15) EXCEPTION ZONE". Schedule "B" To By -Law Number 5673-14 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part Lot 24 Concession 3 Whitchurch as in R706191 except Part 5, 65R13184 and Part 16, 65R13020, Town of Aurora (PIN 03642-0054); and Part Lot 23 Concession 3 Whitchurch as in R622711, Town of Aurora (PIN 03642-0055). "LANDS SUBJECT TO THE WELLHEAD PROTECTION AREA POLICIES WITHIN SECTION 7.3.38 OF THE REGION OF YORK OFFICIAL PLAN, AS AMENDED, AND THE APPROPRIATE POLICIES OF AN APPROVED SOURCE WATER PROTECTION PLAN UNDER THE CLEAN WATER ACT", 2006, S.O. 2006, C. 22, AS AMENDED.