Loading...
BYLAW - Amend 221378 (Park Chung) - 20000222 - 415400(N.N. Park, Y. Chung) THE CORPORATION OF THE TOWN OF AURORA By-law Number 4154-00.D BEING A BY-LAW to amend By-law No. 2213-78 WHEREAS it is deemed advisable to amend By-law number 2213-78. NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows: 1. That the zoning category applying to the lands shown in shading on Schedule "A" attached hereto and forming part of this By-law is hereby amended from "Restricted Industrial (MI-A) Exception Zone" to "Industrial Commercial (H)CS-2 Exception Zone". 2. That the following be added as Section 23.A.7 "Industrial Commercial Holding (H)CS-2 Exception Zone": 23.A.7 23.A.7.1 23.A.7.2 23.A.7.2.1 23.A.7.2.2 The lands shown zoned "Industrial Commercial CS-2 Exception Zone" on Schedule "A" shall be used in accordance with the following: Uses Permitted -taverns, bake shops, restaurants and take-out restaurants excluding drive-thru restaurants, provided that the combined floor area of all restaurants, taverns and bake shops does not exceed 740 square metres. -retail stores excluding supermarkets and warehouse drugstores -personal service shops -business and professional offices, excluding medical -service shops, light -banks or other fmancial establishments -private clubs and health centres -data processing centres -travel agencies -commercial schools -dry cleaner's distribution depots Notwithstanding the provisions of Section 3.107, for the purposes of the CS-2 Zone, 'Take-out Restaurant' shall mean a building or part thereof where food is prepared and served to the public for consumption off the premises and which may contain incidental seating areas for consumption within the building but shall not include a 'Drive-Thru Restaurant'. 'Drive-Thru Restaurant' shall mean a building or part thereof where food is prepared and served to the public while in motor vehicles by means of an order or window service which vehicles approach in designated lanes. Zone Reguirements Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Siting Specifications Front Yard (minimum) Front Yard (maximum) 7000.0 square metres 90.0 metres 6.0 metres 24.0 metres 23.A.7.2.3 23.A.7.2.4 23.A.7.2.5 23.A.7.2.6 23.A.7.3 Rear Yard (minimwn) Interior Side Yard (rninimwn) Building Specifications Height (minimwn): Height (maximwn): Floor Area Ratio (maximwn) Coverage (maximwn) Landscape Requirements 9.0 metres 9.0 metres 7.5 metres 18.0 metres I 00.0 percent 35.0 percent i) A strip ofland shall be provided adjacent to the entire length of all lot lines which shall be used for no other purpose than landscaping. Notwithstanding the above and the provisions of Section 3.64, for the purposes of this section, such landscaping may include retaining walls and curbs. Access ramps or driveways shall be permitted to cross such landscaping strips, provided they are more or less perpendicular to the street line. The width of the required landscaping strips shall be a rninimwn of 2.5 metres abutting the front lot line, 2.0 abutting the rear lot line, 1.5 metres abutting the western interior side lot line and nil abutting the eastern interior side lot line. ii) A minimwn often percent (10%) of the area of the lot shall be used for no other purpose than landscaping. iii) Where the nwnber of parking spaces in a parking area, other than a parking garage, exceeds twenty (20), there shall be landscaping within the parking area occupying an area equivalent to not less than five percent ( 5%) of the parking area. Parking In accordance with Section 6.26 hereof. Loading In accordance with the provisions of Sections 19.2 and 23.A.5 with the exception that the minimwn nwnber ofloading spaces shall be two. Holding PrefiX Notwithstanding the provisions of Section 23.A. 7 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)C5-2 on Schedule "A" attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses which existed on the date of passing of this by-law. Furthermore, no extension or enlargement of the uses which existed on the date of passing of this by- law shall occur, unless an amendment to this by-law is approved by the Council of the Corporation of the Town of Aurora and comes into full force and effect. Removal of Holding PrefiX: Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands zoned (H)C5-2 or any part thereof, the Town of Aurora shall be satisfied that a site plan agreement has been executed between the owner of the lands and the Corporation of the Town of Aurora. Upon removal of the "(H)" Holding prefix from the lands zoned (H)CS-2 pursuant to Section 36 of the Planning Act, RSO 1990, or a successor thereto, the provisions applicable to the said lands shall be as set out in Sections 23.A.7.1 and 23.A.7.2. 3. No part of this By-law will come into force until the provisions of the Planning Act have been complied with, but subject to such provisions the By-law will take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS 22"» DAY OF FEBRUARY, 2000. READ A THIRD TIME AND FINALLY PASSED THIS 22"» DAY OF FEBRUARY, 2000. B. 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, Bob Panizza, hereby certify that the notice for By-law #4154-00.D of the Corporation of the Town of Aurora, passed by the Council of the Corporation on the 22nd day of February, 2000, was given on the 3rd day of March, 2000, 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 23rd day of March, 2000, 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 24th day of March, 2000. \\AURORA_ NTl \DEPARTI.fENTAL\CORPORATE SERVICES\Dl4 ZONING\APPUCATIONS -ACTIVE\014-10-93\(3) AFFIDA VIT.DOC TOWN OF AURORA THIS IS SCHEDULE "A" TO BY-LAW NO. 4154-00.D THE REGIONAL MUNICIPALITY OF YORK PASSED THIS 22 DAY LOCATION: Part 1. Plan 65R-2814 Wellington Street East O&ary 2000 c~i 1!!1 liiil ~~ SUBJECT LANDS REZONED FROM M1-A to (H)C ~ .. CS-1-WEL..L..INGTON STREET C3-6 EAST' RU \ ' M2-5 C3 M2 SCHEDULE "A" TO BY-LAW NO. 4154-00.0 0 F (H)F Explanatory Note Re: Zoning By-law 4154-00.D By-law 4154-00.D has the following purpose and effect: To amend By-law 2213-78, the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands being Part of Lot 80 Concession 1 E.Y.S., better described as Part 1 Plan 65R-2814, municipally known as 145 Wellington Street East from "Restricted Industrial (Ml-A) Exception Zone" to "Industrial Commercial Holding (H)C5-2 Exception Zone". The amendment is to allow as permitted uses for the lands restaurants, taverns, bake shops, retail stores excluding supermarkets and warehouse drugstores, personal service shops, business and professional offices excluding medical, light service shops, banks or other financial establishments, private clubs and health centres, data processing centres, travel agencies, commercial schools and dry cleaner's distribution depots. The total combined floor area for restaurants taverns and bake shops shall not exceed 740m2 (7,965 ff). The By-law incorporates site specific lot and siting specifications in conjunction with specific landscape provisions. The By-law provides that the (H) prefix not be removed until a Site Plan Agreement has been executed for the subject lands; prior to the removal of the (H) symbol the use of the lands is restricted to those uses existing on the date of passage of the By-law. The (H) prefix applied to the C5-2 zone must be removed prior to development taking place which requires public notice but no further opportunity for appeal.