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BYLAW - Amend 2213 78 (Whitwell) - 20000905 - 421600D(Whitwell Developments Limited, Whitwell Developments (II) Limited and 1295720 Ontario Inc.) THE CORPORATION OF THE TOWN OF AURORA By-law Number 4216-00.D Being a by-law to amend the comprehensive Zoning By-Law Number 2213-78, by adding a new Business Park (BP) zone and by rezoning lands north of Wellington Street between Leslie Street and Highway 404 from Rural (RU) and Rural Residential (R) to "Business Park (BP) Zone"; "Business Park (H)BP-1 Exception Zone"; "Major Open Space(0-9) Exception Zone" and "Environmental Protection (EP) Zone". WHEREAS it is deemed advisable to amend By-law number 2213-78. BYLAW AMENDED BY THE ONTARIO MUNICIPAL BOARD ORDER #0660 OF APRIL 27, 2001, ATTACHED AS APPENDIX "A". {Whitwell Developments Limited, Whitwell Developments (II) Limited and 1295720 Ontario Inc.) THE CORPORATION OF THE TOWN OF AURORA By-Jaw Number 4216-00.D Being a by-Jaw to amend the comprehensive Zoning By-Law N~rmJ!lei: :~~"1::3;-~:a·; >b-j· adding a new Business Park (BP) zone and by rezoning lands north Street between Leslie Street and Highway 404 from Rural (RU) and KUW (R) to "Business Park (BP) Zone"; "Business Park (H)BP-1 Exception Open Space(0-9) Exception Zone" and "Environmental Protection (EP) 7.nn~~ .. • ..... ••••• 0 ••• ,, WHEREAS it is deemed advisable to amend By-Jaw number 2213-78. Now therefore the Council of the Corporation of the Town of Aurora enacts as follows: 1. Map No. 1 of Schedule A of By-Law Number 2213-78 is amended by changing from Rural (RU) and Rural Residential (R) to Business Park (BP), Business Park Exception (BP-1 ), and Environmental Protection (EP), the zoning of the lands which comprise Parts of Lots 21 and 22, Concession 3 East of Yonge Street, as illustrated on Schedule "AA" attached hereto and forming part of this By-Law. 2. The following Section is added to By-Jaw 2213-78 as Section 27.0 "SECTION 27.D BUSINESS PARK (BP) ZONE 27.0.1 Notwithstanding the provisions of Section 3 the following definitions shall apply to all lands in the Business Park (BP) Zones: Accessory Use Alter Bake Shop Bakery Banquet Hall Bed and Breakfast Establishment Means a use, customarily and normally subordinate to, incidental to and exclusively devoted to the principle use and located on the same Jot. Means any modification to the structural components of a building or structure that results in a change of use, or any increase or decrease in the volume or floor area of a building or structure. Means a premises used for the baking and retail sale of bakery products and may include an area of consumption on the premises provided such area is not greater than 20% of the gross floor area of the premises, however does not include a bakery. Means a food processing plant where food products of which flour, grains, meal and sugar are the principal ingredients are produced, mixed, compounded, baked or otherwise prepared, however does not include a bake shop. Means a premises used for the preparation and service of food and beverages to an assembly of persons for functions including weddings and receptions, however does not include a restaurant, a nightclub, a convention centre or an adult entertainment parlour. Means a detached dwelling providing for gain a maximum of three guest rooms for accommodation of the travelling public on a temporary basis, with or without meals. )> :J:s: mm ;:oZ me m c Building Club, Private Commercial Self Storage Facility Convention Centre Data Processing Centre Day Centre, Adult Day Centre, lntergenerational Day Nursery Dry Cleaning Distribution Depot Dwelling, Detached Dwelling Unit 2 Means a structure consisting of a wall, roof and floor, or a structural system serving the function thereof, and every part of the structure that is attached thereto. Means a premises uses by members and guests of members of non-profit and non-commercial organizations for community, social or cultural purposes, however does not include uses that are normally carried out as a commercial enterprise, an adult entertainment parlour or a body rub parlour. Means a premises used for the temporary storage of non-hazardous items and seasonal, recreational or commercial vehicles, boats and trailers in individual storage areas or lockers. Means a premises used for the holding of conventions, seminars, workshops or similar activities, and may include as an accessory use dining and lodging facilities for use by the participants, however does not include a banquet hall, a restaurant, a nightclub, or an adult entertainment parlour. Means a premises used for the electronic storage and retrieval of information and/or the production of computer programs, word processing or the maintenance of records including corporate accounts and cheque processing. Means a premises that provides temporary care of adult persons requiring care for a period not exceeding twenty-four consecutive hours, however does not include overnight accommodations, a nursing home or a retirement home. Means a premises where an adult day centre and a day nursery have been combined and provides temporary care for a period not exceeding twenty-four consecutive hours, and which is licensed in accordance with the Day Nurseries Act, as amended. Means a premises used for the temporary care and custody of more than five children for a period not exceeding twenty-four consecutive hours and which is licensed in accordance with the Day Nurseries Act, as amended. Means a premises used for the rece1v1ng and redistribution of articles or goods made of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning in a dry cleaning establishment and may include as an accessory use, the pressing of any such articles or goods. Means a building containing a single dwelling unit. Means a suite which operates as a housekeeping unit used or intended to be used as a domicile by one or more persons, containing cooking, eating, living, sleeping and sanitary facilities and having a private entrance from outside the building or from a common hallway or stairway inside or outside the building. Erect Fitness Centre Floor Area Gross Floor Area Ratio Food Processing Establishment Grade, Established Height Hotel 3 Means to build, construct, reconstruct, alter or relocate any existing building or structure and includes excavating, grading, piling, cribbing, filling, draining, and any preliminary physical operation on a lot. Means a premises in which facilities are provided for recreational or athletic activities such as body-building, exercise classes, martial arts classes, gymnastics, and may include associated facilities such as a sauna, a swimming pool, a solarium, accessory restaurant, and accessory retail uses, however does not include a body rub parlour. Means the aggregate of the floor areas of each storey measured between the interior faces of any exterior walls of the building or structure. Means the gross floor area of all buildings on a lot expressed as a percentage of the lot area. In circumstances where a lot encompasses more than one zone, floor area ratio shall be that portion of all buildings in a zone expressed as a percentage of the lot area of that zone. Means a premises used for the processing or other preparation of food and/or beverages, however does not include a restaurant, drive-thru restaurant, take-out restaurant or bake shop. Means the average level of proposed or finished ground adjoining a building at all exterior walls. Means with reference to a building or structure, the vertical distance measured from the established grade of such building or structure to: a) in the case of a flat roof, the highest point of the roof surface or parapet; b) in the case of a mansard roof, the deckline of the roof; c) in the case of a gabled, hip or gambrel roof, or other type of pitched roof, the mean distance between the eaves and ridge of the roof; d) in the case of a structure with no roof, the highest point of the structure. When expressed as a number of storeys with reference to a building: means the number of storeys above established grade including the first storey but excluding any penthouse or similar roof top structure enclosing mechanical or electrical equipment. Means a premises occupying three or more storeys which offers transient lodging accommodations on a daily rate to the general public and provides additional services such as restaurants, meeting rooms, fitness centres and associated services and may include a nightclub as an accessory use, however does not include private cooking facilities, an adult entertainment parlour, a body rub parlour, a bed and breakfast establishment, or a place of amusement. Industrial Use Landscaping Lane Loading Space Lot Lot Area Lot Corner Lot Coverage Lot Frontage Lot Line Lot Line, Front 4 Means a premises used for the manufacturing, processing, finishing, treating, ornamenting, altering, fabricating or assembly of raw materials or recycled materials or the adapting for sale of any good, substance, article or thing. Means any combination of trees, shrubs, flowers, grass or other vegetative elements, decorative stonework, paving, screening or other architectural elements, surfaced walks or patios or similar areas, and curbs or retaining walls, however does not include any driveway, ramp or parking area, whether surfaced or not, or any open space beneath or within an building or structure. Means a secondary means of access which is not intended for general traffic circulation, and which provides a public or private means of vehicular access to a public highway for two or more lots. Means an unobstructed area of land used for the temporary parking of a commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicle. A parcel or contiguous parcels of land in one ownership. Means the total expanse of land within the lot lines of a lot. Means a lot situated at the intersection of and abutting two or more public highways or two parts of the same public highway provided that the angle of intersection of such public highways or parts thereof is not more than 135 degrees. Means the percentage of a lot covered by all buildings, accessory buildings and open-sided roofed porches, however excluding decks attached to the main building, uncovered terraces, patios, balconies, landings and steps, and portions of buildings which are completely below grade. Means the continuous horizontal distance of the front lot line between the side lot lines measured at right angles. Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be the horizontal distance of a line that is 7.5 metres back from and parallel to a continuous straight line joining two points where the side lot lines intersect with the front lot line. Means any boundary of a lot. Means the lot line abutting a public highway and in the case of: a) a corner lot, the shorter line that abuts a public highway shall be deemed to the front lot line; or b) a corner lot with two street lines of equal length, the lot line which abuts the wider public highway or a public highway under the jurisdiction of the Region of York or the Province of Ontario, shall be deemed to the front lot line, and in the case of both public highways being under the same jurisdiction, or of the same width, the Corporation may designate either street line as the front lot line; or Main Building Main Wall Mezzanine Motel Motor Vehicle Motor Vehicle, Commercial Motor Vehicle Rental Establishment Nursing Home Nightclub 5 c) a lot where one street line abuts a 0.3 metre reserve, the street line not abutting the 0.3 metre reserve shall be deemed the front lot line; d) a through lot that is not a reversed frontage lot, the longer street line shall be deemed the front lot line, and if both street lines are of equal length, the Corporation may designate either street line as the front lot line. Means the building from which the principle use of a lot is conducted. Means the exterior front, side or rear wall of a building and includes any structural components essential to the support of a fully enclosed space. Means that portion of the 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 or supply rooms, washroom facilities, and stairwells, escalators, elevators, or movators, and accessory uses. Stairwells, escalators, elevators, movators, mechanical, electrical or other service rooms shall not be included in any calculation of the mezzanine floor area. Means a premises occupying less than three storeys which offers lodging accommodations on a daily rate to transients travelling by automobile, with a parking space on the lot for each lodging unit, and with access to each unit directly from the outside, and includes common facilities for eating or entertainment, however does not include private cooking facilities, an adult entertainment parlour, a body rub parlour, a bed and breakfast establishment or a place of amusement. Means a vehicle that is propelled or driven by other than muscular power and includes automobiles, trucks, motorcycles and motorized snow vehicles, however does not include railway cars or other vehicles running only upon rails, traction engines or farm tractors. Means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractors used for hauling purpose on public highways. Means a premises used as an office for the purpose of renting or leasing motor vehicles and excludes the on site storage of motor vehicles. Means a premises used as a nursing home within the meaning of the Nursing Home Act, as amended. Means a premises used primarily for the provision of theatrical performances, or pre-recorded or live musical entertainment for listening or dancing, and includes as an accessory use, the sale of food and alcoholic beverages for consumption on the premises, however does not include a restaurant or an adult entertainment parlour. Office Office/Clinic, Medical Outdoor Storage Outdoor Storage Use Park, Public Parking Area Parking Garage Parking Lot Parking Space Personal Service Shop Premises Principal Use 6 Means a premises used for conducting the affairs of businesses, professions, services, agencies, governments or like activities, and may include as an accessory use a cafeteria, however does not include a medical office/clinic. Means a premises used for medical, dental, surgical, therapeutic and/or drugless practitioner treatments of human beings, however does not include a hospital. Means an area of land used in conjunction with a business located within a building or structure on the same lot, for the storage of goods and materials. Mans an outdoor storage area forming the principle use of a lot and includes a motor vehicle wrecking yard, motor vehicle storage compound or construction equipment and/or materials yard. Means a park owned or controlled by a public authority. Means an open area of land that is accessory to the principle use, is not located on a public highway or lane and is used for the parking of motor vehicles, however does not include any area where motor vehicles for sale or repair are kept or stored. Means a building or part thereof, used for the parking of motor vehicles. Means a lot used for the parking of motor vehicles. Means an unobstructed space for the parking of a single motor vehicle, which has adequate access to permit ingress and egress of a motor vehicle to and from the space by means of a driveway, aisle, maneuvering area or similar area. Means a premises used for the aesthetic care of persons and includes a barber shop, a hair dressing shop, a beauty salon, a tailor, a shoe repair shop, or similar services, however does not include a body rub parlour. Means an area of a building occupied or used by a single business or enterprise. Means the primary or predominant use of the lot. Printing, Media and Communications Establishment Means a premises used for development, preparation and/or production of books, newspapers, periodicals, flyers or other printed materials, and the storage, recording, presentation or retrieval, or similar activities of information or data on CD-ROM discs, tapes or similar electronic media or reproducable format. Public Authority Public Highway Means a premises used for conducting the affairs of any Federal, Provincial, Regional or Municipal corporation, agency, commission, board, or authority. Means a public thoroughfare designed for the movement of motor vehicles, which is owned by and which has been maintained or assumed by a public authority, however does not include a lane or private road. Research and Training Facility Reserve Restaurant Restaurant, Drive-Thru Restaurant, Take-Out Retail, Ancillary Retail Store 7 Means a building or part thereof which is used for the purpose of research and development including investigations involving the natural and physical sciences, and may include the training of persons for such research and development activities. Means a strip of land abutting a public highway owned by a public authority having jurisdiction over the public highway. Means a premises with seating for over twenty patrons, used for the preparation and serving of food and beverages to the public for consumption at tables within the premises or outside the building on a patio or terrace, and may include take-out service as an accessory use, however does not include an adult entertainment parlour, a nightclub, or a drive-thru restaurant Means a premises, with or without seating, used for the preparation and serving of food and beverages to the public, which includes an order or window service to the public while in motor vehicles which motor vehicles approach in designated lanes. Means a premises, with or without seating, used for the preparation and serving of food and beverages to the public for consumption off the premises, and which may include as an accessory use, seating for no more than twenty patrons for the consumption of food and beverages on the premises, however does not include a drive-thru restaurant or nightclub. Means the area of a premises used for the display and sale to the general public of goods which are manufactured, assembled or warehoused on the same · premises. The ancillary area shall be wholly contained within an enclosed building and be separated from the rest of the premises by a solid partition extending from the floor to the ceiling, and shall not exceed 20% of the gross floor area of the premises or 200 square metres, whichever is less. Means a premises used for the display or direct .sale to the public of goods, wares, or merchandise excluding motor vehicles, rental of videos, and may include as an accessory use photocopying and facsimile facilities, and/or automated banking machines, however does not include drive-thru facilities. Retail Store, Convenience Means a retail store having a maximum gross floor area of 300.0 square metres or less, serving the daily needs of the community in the immediate area with a limited variety of goods such as milk, dairy and bakery products, groceries, carbonized beverages, patent medicines, sundries, tobacco, stationery, magazines, newspapers, rental of videos, and may include as an accessory use photocopying and facsimile facilities and/or automated banking, however does not include drive-thru facilities. 8 Retirement Home Means a premises used for the accommodation of retired or semi-retired persons where each suite has a separate Road, Private Sight Triangle Structure Suite Theatre private bathroom and separate entrance from a common hall and where common facilities for preparation and consumption of meals are provided and where common lounges, recreation rooms and medical care facilities may also be provided. Means a private right-of-way used by motor vehicles, which is not owned by a public authority. Means the unobstructed triangular-shaped area on a corner lot bounded by the street lines and a straight line joining the points on each street line measured from the point of intersection the distance required by this By-law. Means anything that is erected, built or constructed of parts joined together and affixed or fixed or indirectly to the ground, however excluding fences, signs and retaining walls. Means a room or series of rooms of complementary use, under a single tenancy. Means a premises that is used for the showing of motion pictures or for live performances, however does not include an adult entertainment parlour. Transportation Terminal Means a premises used for, or in combination with, the storage of trucks and/or buses and which may include as accessory uses, the storage of wares and goods, loading and unloading, and the servicing and repair of the stored vehicles. Vehicle Includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by an kind of power, including muscular power, however does not include a street car. Warehouse Means a premises used for the storage and or distribution of wares or goods, however does not include a commercial self storage facility or a transportation terminal. Yard 27.0.2 Uses Permitted Means the open and uncovered area on a lot between the nearest main wall of the main building and a lot line. Principal Uses: convention centre data processing centre day nursery, day centre-adult, day centre-intergenerational, provided no part of the building is used for industrial uses or warehouses fitness centre food processing establishment industrial use, if conducted within wholly enclosed buildings hotel 27.0.3 27.0.3.1 motel office park, public printing, media and communications establishment public authority research and training facility warehouse, if more than 200 metres distant from Wellington Street and from Highway 404 Accessory Uses: Parking Garage 27.0.3.2 Within a building in which the principal use is industrial: ancillary retail · warehouse 9 27.0.3.3 Within a building in which the principal use is an office, provided the accessory uses are designed as an integral part of the building, are located internal to the building and have the primary access from the lobby of the building: convenience retail store dry cleaning distribution depot motor vehicle rental establishment personal service shop private club restaurant 27.0.3.4 Within a building in which the principal use is a hotel or motel, provided the accessory uses are designed as an integral part of the building, are located internal to the building and have the primary access from the lobby of the building: motor vehicle rental establishment personal service shops restaurant retail store theatre 27.0.4 Zone Requirements 27.0.4.1 Lot Specifications: Jot area (minimum) Jots adjacent to Highway 404 other locations Jot frontage (minimum) 27.0.4.2 Siting Specifications: yard adjacent to a public highway (minimum) adjacent to Highway 404 adjacent to Wellington Street and Leslie Street 1. 0 hectares 0.8 hectares 60 metres 13.7 metres 9 metres adjacent to other streets yard adjacent to Open Space zone (minimum) other yards (minimum) 27.0.4.3 Landscaping Requirements: 6 metres 10 metres 3 metres 10 adjacent to front lot line (minimum, except for driveway locations) lots fronting on arterials lots fronting on other roads adjacent to Open Space zone (minimum) adjacent to other lot lines (minimum) 27.0.4.4 Building Specifications: floor area ratio (maximum) height (maximum) distance between two buildings on the same lot (minimum) 27.0.4.5 Loading Space Requirements: 27.0.4.5.1 Loading Spaces-Office Use: 6 metres 3 metres 10 metres 3 metres 50% 4 storeys 0.25 times the sum of the building heights or 12 m whichever is greater The owner or occupant of a lot, building or structure where the principal use is an office, shall provide and maintain in a location suitable to the Municipality loading or unloading spaces nine (9.0) metres long, three decimal five (3.5) metres wide, and having a vertical clearance of at least four (4.0) metres in accordance with the following standards: Total Office Floor Area of Building or Structure -1,000.0 square metres or less -1,000.0 square metres or more but less than 2,500.0 square metres -2,500.0 square metres or more but less than 7,500.0 square metres -7,500.0 square metres or more 27.0.4.5.2 Loading Spaces -Industrial Uses: Number of Loading Spaces Required 0 1 2 1 additional space for every 7,500.0 square metres or fractional part thereof. The owner or occupant of a lot, building or structure where the principal use is industrial uses, excluding the portions of the building used for an accessory office use, shall provide and maintain in a location suitable to the Municipality loading or unloading spaces nine (9.0) metres long, three decimal five (3.5) metres wide, and having a vertical clearance of at least four (4.0) metres in accordance with the following standards: Use: Total Office Floor Area of Building or Structure -140 square metres or less -More than 140 square metres -300 square metres or more but less than 2500 square metres -2500 square metres or more but less than 7500 square metres -7500 square metres or more Number of Loading Spaces Required 0 1 2 3 11 1 additional space for every 7500 square metres or fractional part thereof 27.0.4.5.3 Each loading space shall be suitable for the temporary parking of one (1) commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicle, and such parking shall not be for the purpose of sale or display. The loading space shall not be located upon or partly upon any street, lane or alley, driveway or aisle. In addition, the loading space shall have adequate access to permit ingress and egress of a commercial motor vehicle from a street by means of driveways, aisles, manoeuvring areas or similar areas. All interior loading spaces are to have complementary exterior spaces for vehicles awaiting entry to the interior space. 27.0.4.5.3 Parking Requirements: Notwithstanding the provisions of Section 6.26 the following parking requirements shall apply for the uses listed below. All other provisions of Sections 6.26 and 6.27 of By-law Number 2213-78 shall also apply. No. of parking spaces required: convention centre 1. 0 per 4 seats or 3 metres of bench space or data processing centre day nursery day centre, adult day centre, intergenerational fitness centre hotel motel industrial use, including: -food processing establishment -research and training facility -printing, media and communications establishment industrial uses as noted above within a multiple occupancy building 11.0 per 100 square metres, if no fixed seats 5.0 per 100 square metres plus 1.1 per 100 square metres for storage 2.5 per 100 square metres 5.0 per racquet court 6.0 per tennis court 1.0 per 30 square metres for exercise 1.0 per room plus 10 per100 square metres devoted to public uses 2.0 per 100 square metres for first 3 000 square metres plus 1.0 per 100 square metres for next 3 000 square metre plus 0.5 per 100 square metres for remaining space 3.0 per 100 square metres forfirst 100 square metres plus 2.0 per 100 square metres for next 2 700 square metre plus 1.0 per 100 square metres for next 3 000 square metre plus 0.5 per 100 square metres for remaininq space 27.0.5.4 27.0.5.5 13 Holding Prefix Notwithstanding the prov1s1ons of Section 27.0.5.3, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)BP-1 on Schedule "AA" attached hereto, use any lot or erect, or use any building or structures for any purposes except for those uses which existed on the date of passing of this by-law. Furthermore, no extension or enlargement of any 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 BP-1 the Town of Aurora shall be satisfied that a Subdivision Ag,eement, Site Plan Agreement that provides for the three building exceeding the maximum height permitted in this by-law and any other servicing or phasing agreements shall have been executed between the owner of the lands and the Corporation of the Town of Aurora if required. The site plan shall be prepared in the context of a development concept for the overall lot and immediately adjacent lands, and shall demonstrate consistency with the Urban Design Guidelines for the Business Park to be adopted by Council resolution. READ A THIRD TIME AND FINALLY PASSED THIS 51h DAY OF SEPTEMBER, 2000. B. PANIZZA, TOWN CLERK N ~ THIS IS SCHEDULE "AA" TO BY~LAW 4216-00.D (H)BP-1 BP 100 0 100 TOWN OF AURORA I I I REGIONAL MUNICIPALITY OF YORK I \~ I \\ . \: I SCHEDULE 'AA" TO BY-LAW 4216-00. I ~ i .. Explanatory Note Re: Zoning By-law Number 4216-00.0 By-law 4216-00.D has the following purpose and effect: To amend By-law No. 2213-78, the Zoning By-law in effect in the Town of Aurora to rezone the subject lands north of Wellington Street between Leslie Street and Highway 404, being part of Lot 21 and 22, Concession 3 from "Rural General (RU) Zone" and "Rural Residential (R) Zone" to "Business Park (BP) Zone"; "Business Park (H)BP-1 Exception Zone"; Major Open Space(0-9) Exception Zone" and "Environmental Protection (EP) Zone". The purpose of the zoning by-law amendment is to permit the development of "Business Park" containing a range of office/industrial uses along with other complimentary and accessory uses. The BP-1 exception zone will permit a office building of up to 10 storeys in height along with two additional buildings with a maximum height of 6 stories. The BP and BP-1 exception zones are new zones created in order to facilitate the policies of the Bayview Northeast Area 28 Secondary Plan, (OPA No. 30) which designates the subject lands as "Business Park". The 0-9 zone corresponds with the stormwater management facilities and the E-P zone corresponds to the existing woodlots and natural areas. The removal of the Holding prefix on the BP-1 zone is dependant upon the execution of a subdivision and site plan agreement and the site plan agreement must be completed in conformity with the Urban Design Guidelines which are to be approved by Council. ~--------, ISSUE DATE: Apr. 27, 2001 C•ECISION/ORDER NO: 0660 {lj ~.;;.r- Ontario Ontario Municipal Board Commission des affaires municipales de !'Ontario APPENDIX "A" . PL001084 Donald Hill has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 4216-00D of the Town of Aurora OMB File No: R000242 APPEARANCES: Parties Town of Aurora Whitwell Development Limited Donald Hill Counsei*/Aqent S. Seibert R. D. Howe* MEMORANDUM OF ORAL DECISION DELIVERED BY D. R. GRANGER ON APRIL 27. 2001 AND ORDER OF THE BOARD This was a hearing held on consent by telephone conference call with all parties to the matter connected. The Board is satisfied that all persons required to have received notice of this . appeal have consented to the abridged notice and telephone conference format. The matter before the Board is an appeal by Donald Hill (appellant) against By-law 4216-00.D enacted by the Council of the Town of Aurora (Town) on September 5, 2000 to permit a Business Park zone in accordance with the approved portion of the Bayview Northeast Area 2B Secondary Plan (OPA 30) on lands of Whitwell Development Limited (applicant). At the commencement of the hearing, the Board was informed that a settlement had been reached between the parties.· The appellant stated his satisfaction with an amended By-law presented as Exhibit 2. The amendments adjust the setback -2-P,L0010~~" provisions affecting a portion of the Leslie Street frontage and restrict noxious industrial uses. S. Seibert, on behalf of the Town, provided uncontradicted professional land use planning evidence by sworn affidavit, now marked as Exhibit 3, in support of the amended By-law. On all of the evidence presented, the Board finds that the amended By-law, as set out in Exhibit 2, conforms to the Official Plan, is appropriate, represents good planning and is in the overall public interest of the community. The Board commends the parties for their efforts in resolving the matters at dispute. The appeal is allowed, in part, and By-law 4216-00.D is amended in the manner as set out in Exhibit 2, now Attachment "1" to this decision. In all other respects, the appeal is dismissed. The Board so Orders. "D. R. Granger" D. R. GRANGER MEMBER ·-.t ,\ ... 1 ATIACHMENT "1" THE CORPORA T/ON OF THE TOWN OF AURORA By-law Number 4216-00.D Being a by-law to amend the comprehensive Zoning By-Law Number 2213-78, by·adding a new Business Park (BP) zone and by rezoning lands north of Wellington Street between Leslie Street and Highway 404 from Rural (RU) and Rural Residential (R) to "Business Park (BP) Zone"; "Business Park (H)BP-1 Exception Zone"; "Business Park (BP-21 Exception Zone"; "Major Open Space (0-9) Exception Zone" and "Environmental Protection (EP) Zone". · 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. Map No. 1 of Schedule A of By-Law Number 2213-78 is amended by changing from Rural (RU) and Rural Residential (R) to Business Park (BP) Zone, Business Park Exception (H)BP-1 Zone. Business Park (BP-2} Exception Zone, Major Open Space (0-9) Exception Zone and Environmental Protection (EP) Zone, the zoning of the lands which comprise Parts of Lots 21 and 22, Concession 3 East of Yonge Street, as illustrated on Schedule "AA" attached hereto and forming part of this By-Law. 2. The following Section is added to By-law 2213-78 as Section 27.0 "SECTION 27.0 BUSINESS PARK (BP) ZONE 27.0.1 Notwithstanding the provisions of Section 3 the following definitions shall apply to all lands in the Business Park (BP) Zones: Accessory Use Alter Bake Shop Means a use, customarily and normally subordinate to, incidental to and exclusively devoted to the principle use and located on the same lot. Means any modification to the structural components of a building or structure that results in a change of use, or any increase or decrease in the volume or floor area of a building or structure. Means a premises used for the baking and retail sale of bakery products and may include an area of consumption on the premises provided such area is not greater than 20% of the gross floor area of the premises, however does not include a bakery. \ Bakery Banquet Hall Bed and Breakfast Establishment Building Club, Private Commercial Self Storage Facility Convention Centre Data Processing Centre Day Centre, Adult 2 Means a food processing plant where food products of which flour, grains, meal and sugar are the principal ingredients are produced, mixed, compounded, baked or otherwise prepared, however does not include a bake shop. Means a premises used for the preparation and service of food and beverages to an assembly of persons for functions including weddings and receptions, however does not include a restaurant, a nightclub, a convention centre or an adult entertainment parlour. Means a detached dwelling providing for gain a maximum of three guest rooms for accommodation of the travelling public on a temporary basis, with or without meals. Means a structure consisting of a wall, roof and floor, or a structural system serving the function thereof, and every part of the structure that is attached thereto. Means a premises uses by members and guests of members of non-profit and non-commercial organizations for community, social or cultural purposes, however does not include uses that are normally carried out as a commercial enterprise, an adult entertainment parlour or a body rub parlour. Means a premises used for the temporary storage of non- hazardous items and seasonal, recreational or commercial vehicles, boats and trailers in individual storage areas or lockers. Means a premises used for the holding of conventions, seminars, workshops or similar activities, and may include as an accessory use dining and lodging facilities for use by the participants, however does not include a banquet hall, a restaurant, a nightclub, or an adult entertainment parlour. Means a premises used for the electronic storage and retrieval of information and/or the production of computer programs, word processing or the maintenance of records including corporate accounts and cheque processing. Means a premises that provides temporary care of adult persons requiring care for a period not exceeding twenty- four consecutive hours, however does not include ) ,7 . ' ,' '' Day Centre, lntergenerational Day Nursery Dry Cleaning Distribution Depot Dwelling, Detached Dwelling Unit Erect . Fitness Centre Floor Area Gross Floor Area Ratio 3 overnight accommodations, a nursing home or a retirement home. Means a premises where an adult day centre and a day nursery have been combined and provides temporary care for a period riot exceeding twenty-four consecutive hours, and which is licensed in accordance with the Day Nurseries Act, as amended. Means a premises used for the temporary care and custody of more than five children for a period not exceeding twenty-four consecutive hours and which is licensed in accordance with the Day Nurseries Act, as amended. Means a premises used for the receiving and redistribution of articles or goods made of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning in a dry cleaning establishment and may include as an accessory use, the pressing of any such articles or goods. Means a building containing a single dwelling unit. Means a suite which operates as a housekeeping unit used or intended to be used as a domicile by one or more persons, containing cooking, eating, living, sleeping and sanitary facilities and having a private entrance from outside the building or from a common hallway or stairway inside or outside the building. Means to build, construct, reconstruct, alter or relocate any existing building or structure and includes excavating, · grading, piling, cribbing, filling, draining, and any preliminary physical operation on a lot. Means a premises in which facilities are provided for recreational or athletic activities such as body-building, exercise classes, martial arts classes, gymnastics, and may include associated facilities such as a sauna, a swimming pool, a solarium, accessory restaurant, and accessory retail uses, however does not include a body rub parlour. Means the aggregate of the floor areas of each storey measured between the interior faces of any exterior walls of the building or structure. Means the gross floor area of all buildings on a lot expressed as a percentage of the lot area. In Food Processing Establishment Grade, Established Height Hotel Industrial Use '' ', 4 circumstances where a lot encompasses more than one zone, floor area ratio shall be that portion of all buildings in a zone expressed as a percentage of the lot area of that zone. Means a premises used for the processing or other preparation of food and/or beverages, however does not include a restaurant, drive-thru restaurant, take-out restaurant or bake shop. Means the average level of proposed or finished ground adjoining a building at all exterior walls. Means with reference to a building or structure, the vertical distance measured from the established grade of such building or structure to: a) in the case of a flat roof, the highest point of the roof surface or parapet; b) in the case of a mansard roof, the deckline of the roof; c) in the case of a gabled, hip or gambrel roof, or other type of pitched roof, the mean distance between the eaves and ridge of the roof; d) in the case of a structure with no roof, the highest point of the structure. When expressed as a number of storeys with reference to a building: means the number of storeys above established grade including the first storey but excluding any penthouse or similar roof top structure enclosing mechanical or electrical · equipment. Means a premises occupying three or more storeys which offers transient lodging accommodations on a daily rate to the general public and provides additional services such as restaurants, meeting rooms, fitness centres and associated services and may include a nightclub as an accessory use, however does not include private cooking facilities, an adult entertainment parlour, a body rub parlour, a bed and breakfast establishment, or a place of amusement. Means a premises used for the manufacturing, processing, finishing, treating, ornamenting, altering, fabricating or assembly of raw materials or recycled materials or the adapting for sale of any good, substance, article or thing. ,' '' Landscaping Lane Loading Space Lot Lot Area Lot Corner Lot Coverage Lot Frontage Lot Line Lot Line, Front 5 Means any combination of trees, shrubs, flowers, grass or other vegetative elements, decorative stonework, paving, screening or other architectural elements, surfaced walks or patios or similar areas, and curbs or retaining walls, however does not include any driveway, ramp or parking area, whether surfaced or not, or any open space beneath or within an building or structure. Means a secondary means of access which is not intended for general traffic circulation, and which provides a public or private means of vehicular access to a public highway for two or more lots. Means an unobstructed area of land used for the temporary parking of a commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicle. A parcel or contiguous parcels of land in one ownership. Means the total expanse of land within the lot lines of a lot. Means a lot situated at the intersection of and abutting two or more public highways or two parts of the same public highway provided that the angle of intersection of such public highways or parts thereof is not more than 135 degrees. Means the percentage. of a lot covered by all buildings, accessory buildings and open-sided roofed porches, however excluding decks attached to the main building, uncovered terraces, patios, balconies, landings and steps, and portions of buildings which are completely below grade. Means the continuous horizontal distance of the front lot line between the side lot lines measured at right angles. Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be the. horizontal distance of a line that is 7.5 metres back from and parallel to a continuous straight line joining two points where the side lot lines intersect with the front lot line. Means any boundary of a lot. Means the lot line abutting a public highway and in the case of: ,· Main Building Main Wall Mezzanine Motel 6 a) a corner lot, the shorter line that abuts a public highway shall be deemed to the front lot line; or b) a corner lot with two street lines of equal length, the lot line which abuts the wider public highway or a public highway under the jurisdiction of the Region of York or the Province of Ontario, shall be deemed to {'""\ the front lot line, and in the case of both public · ; highways being under. the same jurisdiction, or of the same width, the Corporation may designate either street line as the front lot line; or c) a lot where one street line abuts a 0.3 metre reserve, the street line not abutting the 0.3 metre reserve shall be deemed the front lot line; d) a through lot that is not a reversed frontage lot, the longer street line shall be deemed the front lot line, and if both street lines are of equal length, the Corporation may designate either street line as the front lot line. Means the building from Which the principle use of a lot is conducted. Means the exterior front, side or rear wall of a building and includes any structural components essential to the support of a fully enclosed space. Means that portion of the 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 or supply rooms, washroom facilities, and stairwells, escalators, elevators, or movators, and accessory uses. Stairwells, escalators, elevators, movators, mechanical, electrical or other service rooms shall not be included in any calculation of the mezzanine floor area. Means a pr~mises occupying less than three storeys which offers lodging accommodations on a daily rate to transients travelling by automobile, with a parking space on the lot for each lodging unit, and with access to each unit directly from the outside, and includes common facilities for eating or entertainment, however does not include private cooking facilities, an adult entertainment ,' '' Motor Vehicle Motor Vehicle, Commerc}al Motor Vehicle Rental Establishment Nursing Home Nightclub- Noxious Use Office Office/Clinic, Medical 7 parlour, a body rub parlour, a bed and breakfast establishment or a place of amusement. Means a vehicle that is propelled or driven by other than muscular power and includes automobiles, trucks, motorcycles and motorized snow vehicles, however does not include railway cars or other vehicles running only upon rails, traction engines or farm tractors .. Means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, · buses and tractors used for hauling purpose on public highways. Means a premises used as an office for the purpose of renting or leasing motor vehicles and excludes the on site storage of motor vehicles. Means a premises used as a nursing home within the meaning of the Nursing Home Act, as amended. Means a premises used primarily for the provision of theatrical performances, or pre-recorded or live musical entertainment for listening or dancing, and includes as an accessory use, the sale of food and alcoholic beverages for consumption on the premises, however does not include a restaurant or an adult entertainment parlour. Means any use or activity which, from its nature or from the manner of carrving on same, causes or is liable to cause a condition which may become hazardous or injurious with regard to the health or safety of any person, including but not limited to, the escape of any destructive gas or fumes, dust, objectionable odour, or a contaminant. as that term is defined in the Environmental Protection Act, R.S.O. 1990, C. E.19, as may be amended from time to time. in an amount. concentration or level in excess of that prescribed by the regulations under that said Act. Means a premises used for conducting the affairs of businesses, professions, services, agencies, governments or like activities, and may include as an accessory use a cafeteria, however does not include a medical office/clinic. Means a premises used for medical, dental, surgical, therapeutic and/or drugless practitioner treatments of human beings, however does not include a hospital. Outdoor Storage Outdoor Storage Use Park, Public Parking Area Parking Garage Parking Lot Parking Space Personal Service Shop Premises Principal Use 8 Means an area of land used in conjunction with a business located within a building or structure on the same lot, for the storage of goods and materials. Mans an outdoor storage area forming the principle use of a lot and includes a motor vehicle wrecking yard. motor vehicle storage compound or construction equipment and/or materials yard. Means.a park owned or controlled by a public authority. Means an open area of land that is accessory to the principle use, is not located on a public highway or lane and is used for the parking of motor vehicles, however does not include any area where motor vehicles for sale or repair are kept or stored. Means a building or part thereof, used for the parking of motor vehicles. Means a lot used for the parking of motor vehicles. Means an unobstructed space for the parking of a single motor vehicle, which has adequate access to permit ingress and egress of a motor vehicle to and from the space by means of a driveway, aisle, maneuvering area or similar area. Means a premises used for the aesthetic care of persons and includes a barber shop, a hair dressing shop, a beauty salon, a tailor, a shoe repair shop, or similar services, however does not include a body rub parlour. Means an area of a building occupied or used by a single business or enterprise. Means the primary or predominant use of the lot. Printing. Media and Communications Establishment Means a premises used for development, preparation and/or production of books, newspapers, periodicals, flyers or other printed materials, and the storage, recording, presentation or retrieval, or similar activities of information or data on CD-ROM discs, tapes or similar electronic media or reproducable format. ) ·._./ Public Authority Public Highway Research and Training Facility Reserve Restaurant Restaurant, Drive-Thru Restaurant, Take-Out Retail, Ancillary 9 Means a premises used for conducting the affairs of any Federal, Provincial, Regional or Municipal corporation, agency, commission, board, or authority. Means a public thoroughfare designed for the movement of motor vehicles, which is owned by and which has been maintained or assumed by a public authority, however does not include a lane or private road. Means a building or part thereof which is used for the purpose of research and development including investigations involving the natural and physical sciences, and may include the training of persons for such research and development activities. Means a strip of land abutting a public highway owned by a public authority having jurisdiction over the public highway. Means a premises with seating for over twenty patrons, used for the preparation and serving of food and beverages to the public for consumption at tables within the premises or outside the building on a patio or terrace, and may include take-out service as an accessory use, however does not include an adult entertainment parlour, a nightclub, or a drive-thru restaurant Means a premises, with or without seating, used for the preparation and serving of food and beverages to the public, which includes an order or window service to the public while in motor vehicles which motor vehicles · approach in designated lanes. Means a premises, with or without seating, used for the preparation and serving of food and beverages to the public for consumption off the premises, and which may include as an accessory use, seating for no more than twenty patrons for the consumption of food and beverages on the premises, however does not include a drive-thru restaurant or nightclub. Means the area of a premises used for the display and sale to the general public of goods which are manufactured, assembled or warehoused on the same premises. The ancillary area shall be wholly contained within an enclosed building and be separated from the rest of the premises by a solid partition extending from the floor 10 to the ceiling, and shall not exceed 20% of the gross floor area of the premises or 200 square metres, whichever is less. Retail Store Means a premises used for the display or direct sale to the public of goods, wares, or merchandise excluding motor vehicles, rental of videos, and may include as an accessory use photocopying and facsimile facilities, and/or automated banking machines, however does not include drive-thru facilities. Retail Store, Convenience Means a retail store having a maximum gross floor area of 300.0 square metres or less, serving the daily needs of the community in the immediate area with a limited variety of goods such as milk, dairy and bakery products, groceries, carbonized beverages, patent medicines, sundries, tobacco, stationery, magazines, newspapers, rental of videos, and may include as an accessory use photocopying and facsimile facilities and/or automated banking, however does not include drive-thru facilities .. Retirement Home Means a· premises used for the accommodation of retired or :semi-retired persons where each suite has a separate private bathroom and separate entrance from a common hall and where common facilities for preparation and consumption of meals are provided and where common lounges, recreation rooms and medical care facilities may also be provided. Road, Private Sight Triangle Structure Suite Theatre Means a private right-of-way used by motor vehicles, which is not owned by a public authority. Means the unobstructed triangular-shaped area on a comer · lot bounded by the street lines and a straight line joining the points on each street line measured from the point of intersection the distance required by this By-law. Means anything that is erected, built or constructed of parts joined together and affixed or fixed or indirectly to the ground, however excluding fences, signs and retaining walls. Means a room or series of rooms of complementary use, under a single tenancy. Means a premises that is used for the showing of motion pictures or for live performances, however does not include an adult entertainment parlour. 11 Transportation Terminal Means a premises used for, or in combination with, the storage of trucks and/or buses and which may include as accessory uses, the storage of wares and goods, loading and unloading, and the servicing and repair of the stored vehicles. · Vehicle Includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by an kind of power, including muscular power, however does not include a street car. Warehouse Means a premises used for the storage and or distribution of wares or goods, however does not include a commercial self storage facility or a transportation terminal. Yard 27.0.2 Uses Permitted Means the open and uncovered area on a lot between the nearest main wall of the main building and a lot line. Principal Uses: convention centre data processing centre day nursery, day centre-adult, day centre-intergenerational, provided no part of the building is used for industrial uses or warehouses fitness centre food processing establishment indljstrial use, if condLJcted within wholly enclosed buildings hotel motel office park, public printing, media and communications establishment public authority research and training facility warehouse, if more than 200 metres distant from Wellington Street and from Highway 404 Notwithstanding the foregoing. uses including any of the above which are or mav become noxious are specifically excluded. 27.0.3 Accessory Uses: 27.0.3.1 Parking Garage· 27.0.3.2 Within a building in which the principal use is industrial: ancillary retail warehouse 12 27.0.3.3 Within a building in which the principal use is an office, provided the accessory uses are designed as an integral part of the building, are located internal to the building and have the primary access from the lobby of the building: convenience retail store dry cleaning distribution depot motor vehicle rental establishment personal service shop private club restaurant 27.0.3.4 Within a building in which the principal use is a hotel or motel, provided the accessory uses are designed as an integral part of the building, are located internal to the building and have the primary access from the lobby of the building: motor vehicle rental establishment personal service shops restaurant retail store theatre 27.0.4 Zone Requirements 27.0.4.1 Lot Specifications: lot area (minimum) lots adjacent to Highway 404 other locations lot frontage (minimum) 27.0.4.2 Siting Specifications: yard adjacent to a public highway (minimum) 1.0 hectares 0.8 hectares 60 metres ·-_._) \ adjacent to Highway 404 adjacent to Wellington Street and Leslie Street adjacent to other streets yard adjacent to Open Space zone (minimum) other yards (minimum) 27.0.4.3 Landscaping Requirements: 13.7 metres 9 metres 6 metres 10 metres 3 metres 13 adjacent to front lot line (minimum, except for driveway locations) lots fronting on arterials lots fronting on other roads adjacent to Open Space zone (minimum) adjacent to other lot lines (minimum) 27.0.4.4 Building Specifications: floor area ratio (maximum) height (maximum) distance between two buildings on the same lot (minimum) 27.0.4.5 Loading Space Requirements: 27.0.4.5.1 Loading Spaces-Office Use: 6 metres 3 metres 10 metres 3 metres 50% 4 storeys 0.25 times the sum of the building heights or 12 m whichever is greater The owner or occupant of a lot, building or structure where the principal use is an office, shall provide and maintain in a location suitable to the Municipality loading or unloading spaces nine (9.0) metres long, three decimal five (3.5) metres wide, and having a vertical clearance of at least four (4.0) metres in accordance with the following standards: Total Office Floor Area of Building or Structure -1,000.0 square metres or less -1,000.0 square metres or more but less than 2,500.0 square metres Number of Loading Spaces Required 0 1 \ -2,500.0 square metres or more but less than 7,500.0 square metres -7,500.0 square metres or more 27.0.4.5.2 Loading Spaces-Industrial Uses: 2 1 additional space for every 7,500.0 square metres or fractional part thereof. 14 The owner or occupant of a lot, building or structure where the principal use is industrial uses, excluding the portions of the building used for an accessory office use, shall provide and maintain in a location suitable to the Municipality loading or unloading spaces nine (9.0) metres long, three decimal five (3.5) metres wide, and having a vertical clearance of at least four (4.0) metres in accordance with the following standards: Total Office Floor Area of Building or Structure -140 square metres or less -More than 140 square metres -300 square metres or more but less than 2500 square metres -2500 square metres or more but less than 7500 square metres -7500 square metres or more Number of Loading Spaces Required 0 1 2 3 1 additional space for every 7500 square metres or fractional part thereof 27.0.4.5.3 Each loading space shall be suitable for the temporary parking of one (1) commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicle, and such parking shall not be for the purpose of sale or display. The loading space shall not be located upon or partly upon any street, lane or alley, driveway or aisle. In addition, the loading space shall have adequate access to permit ingress and egress of a commercial motor vehicle from a street by means of driveways, aisles, manoeuvring areas or similar areas. All interior loading spaces are to have complementary exterior spaces for vehicles awaiting entry to the interior space. 27.0.4.6 Parking Requirements: """ ,,-_j} 15 Notwithstanding the prov1s1ons of Section 6.26 the following parking requirements shall apply for the uses listed below. All other provisions of Sections 6.26 and 6.27 of By-law Number 2213-78 shall also apply. Use: No. of parking spaces required: -· -convention centre 1.0 per 4 seats or 3 metres of bench space or 11.0 per 100 square metres, if no fixed seats -data processing centre 5.0 per 100 square metres plus 1.1 per 100 square metres for storaqe -day nursery 2.5 per 1 00 square metres -day centre, adult -dav centre, interqenerational -fitness centre 5.0 per racquet court 6.0 per tennis court 1.0 per 30 square metres for exercise -hotel 1.0 per room plus 10 per1 00 square metres devoted to public uses -motel -industrial use, including: 2.0 per 100 square metres for first 3 000 square metres -food processing establishment plus 1.0 per 100 square metres for next 3 000 square metres -research and training facility plus 0.5 per 100 square metres for remaining space -printing, media and communications establishment -industrial uses as noted above 3.0 per 100 square metres for first 100 square metres within a multiple occupancy plus 2.0 per 100 square metres for next 2 700 square metres building plus 1.0 per 100 square metres for next 3 000 square metres plus 0.5 per 100 square metres for remaining space -office 3.5 per 100 square metres -public authority 3.6 per 100 square metres -warehouse 1.0 per 100 square metres -warehouse within a multiple 3.0 per 100 square metres for first 100 square metres occupancy building plus 2.0 per 100 square metres for next 900 square metres plus 1.1 per 100 square metres for remaininQ space 16 Section 27.0.5 Business Park (BP-1) Exception Zone Notwithstanding the provisions of Section 27.0.4 to the contrary the lands shown zoned Business Park Exception (BP-1) Zone, on Schedule "AA" may be' used in accordance .with following provisions: 27.0.5.1 Uses Permitted: 27.0.5.2 27.0.5.3 All uses set out in Sections 27.0.2 and 27.0.3. A building or buildings that are principally used for office purposes for a single business or enterprise together with accessory uses as set out in Section 27.0.3.3, provided that no more than three (3) buildings shall be permitted on the lot and sited around a parking area with significant landscaping. A parking garage is permitted provided it is an integral part of the overall building and/or landscaping area. If a building or buildings on the lot zoned Business Park (BP-1) Exception Zone are not principally used for office purposes for a single business or enterprise together with accessory uses, the provisions of Section 27.0.4, Business Park (BP) Zone shall continue to apply. Notwithstanding the foregoing. uses including any of the above which are or may become noxious are specifically excluded. Zone Requirements: In accordance with Section 27.0.4:1, Section 27.0.4.2 and Section 27.0.4.3. Building Specifications: a) One building may exceed the maximum height of 4 stories provided: The building does not exceed 55,700 square metres of gross floor area; A minimum of 75% of the gross floor area is situated within the first 6 storeys of that building; Any part of the building above 6 storeys in height is terraced on 2 sides to a maximum height of 1 0 storeys; b) Two additional buildings may exceed the maximum height of 4 stories provided: The combined floor area of the two buildings does not exceed 37,200 square mtres of gross floor area; 27.0.5.4 27.0.5.5 27.0.5.6 27.0.5.7 17 Any part of the building above 4 storeys in height is terraced on 2 sides to a maximum height of 6 storeys. c) Floor Area Ratio 100% c) All other provisions of Section 24.0.4 shall apply Loading Space Requirements in accordance with Section 27.0.4.5 Parking Requirements in accordance with Section 27.0.4.6 Holding Prefix Notwithstanding the provisions of Section 27.0.5.3, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)BP-1 on Schedule "AA" attached hereto, use any lot or erect, or use any building or structures for any purposes except for those uses which existed on the date of passing of this by- law. Furthermore, no extension or enlargement of any 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 BP-1 the Town of Aurora shall be satisfied that a Subdivision Agreement, Site Plan Agreement that provides for the three building exceeding the maximum height permitted in this by-law and any other servicing or phasing agreements shall have been executed between the owner of the lands and the Corporation of the Town of Aurora if required. The site plan shall be prepared in the context of a development concept for the overall lot and immediately adjacent lands, and shall demonstrate consistency with the Urban Design Guidelines for the Business Park to be adopted by Council resolution. Section 27.0.6 Business Park (BP-2) Exception Zone Notwithstanding the provisions of Section 27.0.4 to the contrary the lands shown zoned Business Park Exception (BP-2/ Zone. on Schedule "AA" may be used in accordance with following provisions: 27.0.6.1 Uses Permitted: All uses set out in Sections 27.0.2 and 27.0.3. 18 Notwithstanding the foregoing. uses including any of the above which are or may become noxious are specifically excluded. 27.D.6.2 Zone Requirements: 27.D.6.2.1 Lot Specifications in accordance with Section 27.D.4.1 27.D.6.2.2 Siting Specifications -in accordance with Section 27.D.4.2 with the following exception: -adjacent to Leslie Street '' ' 20 metres 27.D.6.2.3 Landscaping Requirements -in accordance with Section 27.D.4.3 with the following addition: -The required buffers strip of 6.0 metres shall contain suitable trees and shrubs or other treatments to screen the parking area from Leslie Street. 27.D.6.2.4 Building Specifications 27.D.6.3 27.D.6.4 in accordance with Section 27.D.4.4 Loading Space Requirements in accordance with Section 27.D.4.5 Parking Requirements in accordance with Section 27.D.4.6 with the following addition Parking shall be located on the west side of the building or enclosed within the building. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 20 • T. JONES, MAYOR B. PANIZZA, MUNICIPAL CLERK ·,. ~· . \ N THIS IS SCHEDULE "AA'' TO BY-LAW 4216-00.0 PASSED THIS DAY OF----I 2000 SIGNING OFFICERS MAYOR -19- (H)BP-1 BP TOWN OF AURORA ' I ' ' ' ' ' ' I ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' \ \ \ : :, ' :, ~ \ :·, I -~' ' I ' ' ' ' I" ---REGIONAL MUNICIPALITY OF YORK CLERK SCHEDULE 'AA" TO BY-LAW 4216-0IJ.DI • -1