BYLAW - Zoning By law Amendment - 20011113 - 431001DSt. John's Bay Land Company d
THE CORPORATION OF THE TOWN OF AURORA
By-taw Number 4310-01.0
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 Map No.3 of Schedule A of By-law No. 2213-78 is hereby amended by
changing from "Prestige Industrial (M4) Zone" and "Holding (H) Zone" to
"Shopping Centre Commercial (H)C4-20 Holding Exception Zone" and from
"General Industrial Specific (M6) Zone" and "Holding (H) Zone" to "Office
Commercial (H)C6-4 Holding Exception Zone", the zoning of the lands which
comprise Parts 8 to 32 (inclusive) on Registered Reference Plan 65R-22241,
as illustrated on Schedule "A" attached hereto and forming part of By-Law No.
4310-01.0.
2) THAT Section 23 is hereby amended by adding the following as Section
23.20 "Shopping Centre Commercial (H)C4-20 Holding Exception Zone".
23.20
23. 20.1
23.20.2
23.20.2.1
SHOPPING CENTRE COMMERCIAL C4-20 EXCEPTION
ZONE
Uses Permitted
a) -retail stores, but excluding a supermarket, department
store, junior department store, convenience retail and
automotive uses
-drug stores and pharmacies
bake shop and bake shop special
video rental store
business and professional offices including medical and
dental offices
post offices and government administrative offices
-clinics
-optical supply
banks and financial institutions including drive-thru
-automated teller machines
personal service shops
-service shop light
photo studio
restaurants including drive-thru and take-out
Zone Requirements
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
2.0 hectares
30.0 metres
2
23.20.2.2 Siting Specifications
In accordance with the provisions of Section 23.2.2 hereof.
23.20.2.3 Notwithstanding any provisions to the contrary, all restaurants
including drive-thru and take-out, shall be set back a minimum
of sixty (60.0) metres from the south lot line.
23.20.2.4
23.20.2.5
23.20.2.6
23.20.2.7
23.20.2.8
23.20.2.9
Building Specifications
In accordance with the provisions of Section 23.2.3 hereof.
Notwithstanding any provisions to the contrary, the maximum
Retail Floor Area shall be 2787 square metres, and no unit shall
have a floor area greater than 1000 square metres.
Parking
Notwithstanding any prov1s1ons to the contrary, for all retail
commercial uses, the minimum required parking shall be
calculated on the basis of 6.0 spaces per 100 square metres of
gross leasable floor area. For all other commercial uses the
minimum required parking shall be provided in accordance with
the provisions set out in Section 6.49.c hereof.
Loading
Notwithstanding the provisions of Section 19.2 to the contrary,
all loading spaces and loading doors shall be located such that
they do not directly face Bayview Avenue or Hollandview Trail,
and they shall be appropriately screened. All other provisions of
Section 19.2 shall apply.
Ingress and Egress
Notwithstanding the prov1s1ons of Sections 6.27.8.(b), and
6.27.8.(e) to the contrary, a maximum of five (5) entrance and
exit ramps shall be permitted servicing the subject lands. The
access ramp on Hollandview Trail shall have a maximum width
of 13.0 metres measured along the streetline. All other ramps
shall have a minimum width of 6.0 metres measured along the
streetline.
Landscaping
Notwithstanding the provisions of Sections.6.31.2 and 6.49.b i)
to the contrary, a strip of land shall be provided adjacent to the
entire length of the perimeter boundary of the site plan, which
shall be used for no other purpose than landscaping in
accordance with an approved site plan. Notwithstanding the
above and the provisions of Section 3.64, for the purposes of
this section such landscaping may include retaining walls,
curbs, and sidewalks. Access ramps or driveways shall be
permitted to cross such landscaping strips. The width of the
required landscaping strips shall be a minimum of 6.0 metres
abutting Bayview Avenue and Hollandview Trail, 3.0 metres
abutting the northerly property limit and 1.5 metres abutting a
C6-4 Zone.
3
23.20.2.1 0 Accessory Buildings/Structures
Notwithstanding the provisions of Section 6.2, and any other
provisions to the contrary, an architectural feature may be
permitted and shall be set back a minimum of 1.5 metres from
Bayview Avenue and Hollandview Trail. Signage may be used
in association with the architectural feature. In addition, other
signage shall be permitted in accordance with the approved site
·-" plan. All permitted signage shall be in accordance with the
Town of Aurora's Sign By-law.
23.20.2.11 Holding Prefix
Notwithstanding the provisions of Section 23.20 above, while
the "(H)" Holding prefix is in place no person shall within the
lands zone (H)C4-20 on Schedule "A" attached hereto, use any
lot or erect, alter or use any buildings or structure for any
purposes except those uses which existed on the date of
passing of this by-law. Furthermore, no extensions or
enlargements of the uses which existed on the date of the
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.
23.20.2.12 Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding
prefix from the lands zoned (H)C4-20, or any part thereof, the
Town of Aurora shall be satisfied that a site plan agreement
and/or other agreement(s), as required, have 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)C4-20 pursuant to Section 36 of the Planning Act, or any
successor thereto, the provisions applicable to the said lands
shall be as set out in Sections 23.20.1 to 23.20.2.1 0 inclusive.
3) THAT Section 23.B is hereby amended by adding the following as Section
23.B.8 "Office Commercial (H)C6-4 Holding Exception Zone".
23.B.8
23.B.8.1
OFFICE COMMERCIAL CG-4 EXCEPTION ZONE
Uses Permitted
a) -business and professional offices including medical and
dental offices
-post offices, and government administrative offices
medical and dental laboratories
-clinics
-animal hospitals
4
Notwithstanding any prov1s1ons of Section 3.5 to the
contrary, for the purposes of the C6-4 Zone, the following
definition shall apply:
Animal Hospital: means the premises of a veterinary
surgeon, where animals and birds, excluding livestock are
treated or kept for treatment but not kept for board.
b) Notwithstanding any provisions to the contrary, ancillary
commercial uses shall be permitted. The combined floor
space occupied by all ancillary commercial uses shall not
exceed 30% of the total floor area. The permitted ancillary
commercial uses shall include only the following:
optical supply
drug store
copy centre
automated teller machines
23.8.8.2 Zone Requirements
23.8.8.2.1 Lot Specifications
In accordance with the provisions of Section 23.8.2.1 hereof.
23.8.8.2.2 Siting Specifications
In accordance with the provisions of Section 23.8.2.2 hereof.
23.8.8.2.3 Front Lot Line
Notwithstanding any provisions to the contrary, the south lot line
shall be deemed to be the front lot line for the purposes of
calculating any zone provisions.
23.8.8.2.4 Building Specifications
In accordance with the provisions of Section 23.8.2.3 hereof.
23.8.8.2.5 Parking
In accordance with the provisions of Section 6.49.c hereof.
23.8.8.2.6 Loading
In accordance with the provisions of Section 23.8.5 hereof.
23.8.8.2.7 Ingress and Egress
Notwithstanding the prov1s1ons of Section 6.27.8.(e), a
maximum of four (4) entrance and exit ramps shall be permitted
for the subject lands.
5
23.B.8.2.8 Landscaping
Notwithstanding the provisions of Sections.6.31.2 and 6.49.b i)
to the contrary, a strip of land shall be provided adjacent to the
entire length of the perimeter boundary of the site plan, which
shall be used for no other purpose than landscaping in
accordance with an approved site plan. Notwithstanding the
above and the provisions of Section 3.64, for the purposes of
this section such landscaping may include retaining walls,
curbs, and sidewalks. Access ramps or driveways shall be
permitted to cross such landscaping strips. The width of the
required landscaping strips shall be a minimum of 6.0 metres
abutting McMaster Avenue and Hollandview Trail, 3.0 metres
abutting the northerly property limit and 1.5 metres abutting a
C4-20 Zone.
23.B.8.2.9 Holding Prefix
Notwithstanding the provisions of Section 23.B.8 above, while
the "(H)" Holding prefix is in place no person shall within the
lands zone (H)C6-4 on Schedule "A" attached hereto, use any
lot or erect, alter or use any buildings or structure for any
purposes except those uses which existed on the date of
passing of this by-law. Furthermore, no extensions or
enlargements of the uses which existed on the date of the
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.
23.B.8.2.1 0 Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding
prefix from the lands zoned (H)C6-4, or any part thereof, the
Town of Aurora shall be satisfied that a site plan agreement
and/or other agreement(s), as required, have 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)C6-4 pursuant to Section 36 of the Planning Act, or any
successor thereto, the provisions applicable to the said lands
shall be as set out in Sections 23.B.8.1 to 23.B.8.2.8.
4) 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 13TH DAY OF NOVEMBER, 2001.
READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF NOVEMBER,
2001. (/~---·---.
B.
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Parts 8 to 25 (inclusive}, part of Part 26,
and Parts 2 7 to 32 (inclusive} on
Registered Reference Plan 65R-22241
C5-6 (H)C9-1
THIS IS SCHEDULE "A"
TO BY-LAW NO. 4310-01.D
PASSED THIS /3fh DAY
~FROMH&M4
~TO(H)C4·20
E22j FROM H & M6
TO (H)C6-4
SCHEDULE "A" TO BY-LAW NO. 4310-01.0
6
Explanatory Note
Re: Zoning By-law4310-01.D
By-law 4310-01.0 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 known as Parts 8 to 32 (inclusive) on Registered Reference
Plan 65R-22241 (NW Corner of Hollandview Trail & Bayview Ave.) from "Prestige
Industrial (M4) Zone" and "Holding (H) Zone" to "Shopping Centre Commercial
(H)C4-20 Holding Exception Zone" and from "General Industrial Specific (M6) Zone"
and "Holding (H) Zone" to "Office Commercial (H)C6-4 Holding Exception Zone".
The purpose of the amendment is to permit the development of the (H)C4-20 portion
of the subject lands for the following uses: retail stores (but excluding a supermarket,
department store, junior department store, convenience retail and automotive uses);
drug stores and pharmacies; bake shop and bake shop special; video rental store;
business and professional offices including medical and dental offices; post offices
and government administrative offices; clinics; optical supply; banks and financial
institutions including drive-thru; automated teller machines; personal service shops;
service shop light; photo studio; and restaurants including drive-thru and take-out.
The amendment is also intended to permit the development of the (H)C6-4 portion of
the subject lands for the following uses: business and professional offices including
medical and dental offices; post offices and government administrative offices;
medical and dental laboratories; clinics; and animal hospitals. An animal hospital is
defined as the premises of a veterinary surgeon, where animals and birds, excluding
livestock are treated or kept for treatment but not kept for board. In addition, the
following ancillary uses are permitted, subject to the provision that the combined
floor space occupied by all ancillary commercial uses shall not exceed 30% of the
total floor area: optical supply; drug store; copy centre; and automated teller
machines.
Site specific lot specifications, siting specifications and building specifications have
been developed in order to accommodate the proposed buildings for the lands. In
addition, specific clauses have been included to regulate matters such as parking,
loading spaces, ingress/egress, and landscaping.
The (H) prefix applied to both zones must be removed prior to the development,
requiring public notice, but no 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. 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.