BYLAW - Amend By law 2213 78 - 19980826 - 397798DTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 3977-98.D
BEING A BY-LAW to amend
By-law No. 2213-78
(Loblaws)
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 categories applying to the lands shown in dark outline on Schedule "A"
attached hereto and forming part of this By-law are hereby amended from "Industrial
Commercial (C5) Zone" and "Prestige Industrial (M4) Zone" to "Campus Commercial C9-l
Exception Zone".
2. That Schedule "R" is hereby attached as it affects the lands "C9-l" for information purposes
only.
3. That Section 23.E is hereby amended by adding the following as Section 23.E.4 "Campus
Commercial (C9-l) Exception Zone".
23.E.4
23.E.4.1
23.E.4.1.1
The lands shown zoned C9-l on Schedule "A", being Block 4, and Lots 2 and 3
andBlocks 8, 9, 10, on Plan 65M-2874 shall only be used in accordance with the
following provisions.
Uses Permitted
The lands shown zoned C9-l on Schedule "A" shall only be used for a
Supermarket, which may be constructed in phases.
Notwithstanding any provisions to the contrary, for the purposes of the C9-l
Zone, the following definitions shall apply:
Supermarket: means an establishment in which a balanced line of goods such as
carmed, bottled, packaged and frozen foods, fresh meat and poultry, fish, fresh
fruits and vegetables, prepared food products, bakery products, dairy products,
candy and confectionery and other food products are sold. 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. Services may also be offered for sale provided they are subordinate to the
main use. A mezzanine as defined herein shall also be permitted.
Mezzanine: means that portion of the supermarket building which is located
above the main floor in the form of a balcony, which may be enclosed in whole or
in part, and which may be used for non-retail uses such as offices, employee
facilities and lounge areas, community meeting rooms with kitchen facilities,
seating and rest areas, a photo lab, mechanical, electrical, storage and supply
rooms, washroom facilities, and stairwells, escalators, elevators, or movators, an
accessory uses. Stairwells, escalators, elevators, movators, mechanical, electrical
or other service rooms shall not be included in any calculation of the mezzanin
floor area.
Retail Floor Area: means the floor area measured between interior faces of an
exterior or interior walls of the building or structure, exclusive of the followin
areas:
i) any Service Room, or enclosed area that is used for the accommodation o
heating, cooling, ventilation, electrical, mechanical or telecommunication
equipment, or maintenance facilities that service the building or structure;
23.E.4.1.2
23.E.4.2
23.E.4.2.1
23.E.4.2.2
23.E.4.2.3
23.E.4.2.4
23.E.4.2.5
23.E.4.2.6
23.E.4.2.7
2
ii) any part of the building or structure that is used as a loading and receiving
area, a parking area, or for cart storage;
iii) any part of the building or structure used exclusively as common areas for
the purpose of pedestrian circulation including corridors, passageways,
stairwells, elevators, escalators or movators;
iv) any Mezzanine area; and
v) any part of the building used for any non-retail uses such as offices, meeting
rooms, kitchen facilities, seating and rest areas, entry vestibules, storage
rooms and stockrooms including freezers and cold rooms, staff locker and
facility areas, and washroom facilities.
Notwithstanding any provisions to the contrary, seasonal outside storage of goods
for sale shall be permitted in accordance with the provisions of Subsection
23.E.4.2.9.
Zone Requirements
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specifications
Front Yard (minimum)
Rear (minimum)
Interior (minimum)
Exterior Side Yard (minimum)
2.5 hectares
50.0 metres
12.0 metres
7.5 metres
7.5 metres
12.0 metres
Notwithstanding any provisions to the contrary, the lot line abutting Bayview
Avenue or a reserve on Bayview Avenue shall be deemed to be the front lot line
for the purposes of calculating any zone provisions.
Building Specifications
Lot Coverage (maximum)
Height (maximum)
Retail Floor Area (maximum)
3 5. 0 percent
12.0 metres
7580.0 square metres
Notwithstanding the maximum retail floor area provision above, if the
supermarket is constructed in phases the maximum retail floor area for Phase I
shall be 5730 square metres and the maximum retail floor area for Phase II shall
be 1850 square metres. The total retail floor area and mezzanine floor area for
Phase I shall not exceed 6112 square metres.
Parking
Notwithstanding any provisions to the contrary, the minimum parking required
shall be calculated on the basis of 5.5 spaces per 100 square metres of retail floor
area; 3.3 spaces per 90 square metres of mezzanine floor area and office area; and
1 space per 90 square metres for all other floor area.
Notwithstanding any provisions to the contrary, no additional parking shall be
required for any seasonal garden centre use.
Loading Space
Notwithstanding the provisions of Subsection 19.2, al1loading spaces and loading
23.E.4.2.8
23.E.4.2.9
3
doors shall be appropriately screened, and shall be located such that they do not
directly face Bayview Avenue. In addition, the minimum number of loading
spaces required shall be two (2). All other provisions of Subsection 19.2 shall
apply.
Ingress and Egress
Notwithstanding the provisions of Subsection 6.27.8(a)(b)(e), four (4) access
ramps shall be permitted servicing the subject lands. The most northerly access
ramp on Earl Stewart Drive shall have a minimum width of 7.0 metres and a
maximum width of 10.0 metres measured along the street line. All other access
tamps shall have a minimum width of 10.0 metres and a maximum width of22.0
metres measured along the streetline.
Outside Storage and Display of Goods and Materials
Seasonal outdoor storage and display of goods and materials for sale shall be
permitted as an accessory use to the Supermarket in accordance with an approved
site plan, and compliance with the provisions of Subsection 19.3 with the
exception that Subsection 19.3.7 shall not apply.
23.E.4.2.1 0 Landscaping
i) Notwithstanding the provisions of Subsection 6.31.2 a strip of land shall be
provided adjacent to the entire length of perimeter boundary of the site plan,
which shall be used for no other purpose than landscaping in accordance
with the approved site plan. Notwithstanding the above and the provisions
of Subsection 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 such landscaping strips. The width of the required
landscaping strips shall have an average of at least 6.0 metres, but in no case
less than a width of 5.0 metres abutting Bayview Avenue and St. John's
Sideroad or a reserve abutting Bayview Avenue or St. John's Sideroad and
3.0 metres abutting all other perimeter boundaries.
ii) A minimum of ten percent (I 0%) of the lands in the site plan on which a
building or structure is erected, shall be used for no other purpose than
landscaping.
iii) Landscaping within the parking area shall occupy an area equivalent to not
less than five percent ( 5%) of the parking area.
23.E.4.2.11 Accessory Buildings/Structures
23.E.4.3
Notwithstanding the provisions of Subsection 6.2, an identification tower may be
permitted and shall be set back a minimum of three (3) metres from both Bayview
Avenue and St. John's Sideroad, and shall have a maximum height of 10 metres.
Signage may be used in association with the identification tower. In addition,
architectural · fencing shall be permitted in accordance with the approved
site plan.
Holding Prefix
Notwithstanding the provisions of Section 23.E.4 above, while the "(H)" Holding
prefix is in place, no person shall within the lands zoned (H)C9-l on Schedule
"A" attached hereto, use any lot or erect, alter or use any buildings or structures
for any purpose except those uses which existed on the date of passing of this by-
law or as provided for in this Section. Furthermore, no extension or enlargement
ofthe uses which existed on the date of passing of this by-law, shall occur, unless
an amendment to this by-law or Temoval of the "(H)" prefix in accordance with
this Section is approved by the Council of the Corporation of the Town of Aurora
and comes into full force and effect for the proposed development.
4
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands
zoned (H)C9-1 or any part thereof, the Town of Aurora shall be satisfied that a
site plan agreement and/or other agreement(s) have been executed between the
owner of the lands and the Corporation of the Town of Aurora, as provided for in
Item 5, Subsections x)a) and x)c) of Official Plan Amendment No.25.
However, in any event, the "(H)" Holding prefix shall not be lifted any earlier
than September 1, 2000, for Phase I and September 1, 2001 for Phase II, or Phases
I and II combined, if constructed simultaneously. If the "(H)" Holding prefix is
lifted in part on September I, 2000, to permit the construction of Phase I of the
Supermarket, then an "(H)" Holding prefix shall remain for the purposes of Phase
II of the Supermarket, but the permitted uses for Phase I shall be as set out in this
By-law.
Upon removal of the "(H)" Holding prefix from the lands zoned (H)C9-1 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.E.4.1 to 23.E.4.2.11 inclusive.
4. No part of the 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 26th DAY OF AUGUST 1998.
READATHIRDTIMEANDFINALLYPASSEDTHIS 26thDAYOF AUGUST 1998.
-
TOWN OF AURORA
PART OF LOT 85, CONCESSION 1, E.Y.S.
BEING BLOCK 4 AND LOTS 2 AND 3
AND BLOCKS 8, 9 AND 10, PLAN SSM-2874
TOWN OF AURORA
REGIONAL MUNICIPALITY OF YORK
(H) C9-1 ,,,
M4 "
MG ,,
SCHEDULE 'A' TO BY-LAW NO. 3977-98.0
1-8
TOWN OF AURORA
PART OF LOT 85, CONCESSION 1, E.Y.S.
BEING BLOCK 4 AND LOTS 2 AND 3
AND BLOCKS 8, 9 AND 10, PLAN 65M-2874
TOWN OF AURORA
·REGIONAL MUNICIPALITY OF YORK
St. John "s Sideroad
!Iii i1 ill ! I i I i 1 Ill II II II i I Ill
I
i
' !
' ' i
/
!!I
I .S!: I II~.· (1)1
t::J/
I
!
i
I ! I .
I
I
SCHEDULE 'R' TO BY-LAW NO. 3977-98.D
Explanatory Note
Re: Zoning By-law Number 3977-98.D
By-law 3977-98.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 4, and Lots 2 and 3 and Blocks 8, 9, 10, on Plan 65M-2874, from "Industrial Commercial
(CS) Zone" and "Prestige Industrial (M4) Zone" to "Campus Commercial C9-l Exception Zone". The
amendment is to permit the development of the lands for only a supermarket. Site specific lot
specifications, siting specifications and building specifications have been developed in order to
accommodate the proposed building for the lands. In addition, specific clauses have been included to
regulate matters such as parking, loading spaces, ingress/egress, outside storage, landscaping and accessory
buildings. The (H) prefix applied to the C 1-9 zone must be removed prior to the 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 entered into with the Town, and until specific dates as
established within the Official Plan respecting the release of building permits and store opening have been
complied with. Prior to the removal of the (H) prefix, the use of the lands is restricted to those uses existing
on the date of passage of the by-law.
S:\Pianning\C01 By-Laws\BYLAW\3977-98.0, rh-Loblaws.doc
\ McAVOY \..---
f'A.PPI~O~~~M~lTELOCATION OF
SUBJECT LANDS
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 (1990)
I, Lawrence Allison, hereby certify that the notice for By-law #3977-98.D of the Corporation of
the Town of Aurora, passed by the Council of the Corporation on the 26th day of August, 1998,
was given on the 8th day of September, 1998, in the manner and form and to the persons
prescribed by Ontario Regulation 199/96, 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 appeal period expired on the 28th day of September, 1998, and to this date no notice of
appeal of the By-law has been filed by any person in the office of the Clerk.
Dated this 30th day of September, 1998.
La renee llison, A.M.C.T.
Municipal Clerk
\\AURORA_NTl \DEPAR1MENTAL\CORPORA TE SERVICES\014 ZONING\APPUCATIONS\Dl4-04-98 LOB LA W'S\(3) AFFIDA VIT.DOC