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BYLAW - Amend Zoning (Home Depot) - 20020820 - 436602DHome Depot The Corporation of the Town of Aurora By-law Number 4366-02.0 BEING A BY-LAW to amend By-law No. 2213-78 WHEREAS it is deemed advisable to amend By-law Number 2213-78 and by- law 3562.94.D as amended. NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as follows: 1) THAT By-law No. 4366-02.0 shall apply to lands shown in shading on Schedule "AE" attached hereto and forming part of this By-law, being Part of Lot 81, Concession 1 EYS, more particularly described as Part 1, Plan 65R-2201 0. 2) THAT Section 23.D.3 of the "Enclosed Shopping Centre Commercial (C8) Zone" be deleted and replaced with the following: 23.0.3 23.D.3.1 Notwithstanding any provisions to the contrary the "Lands" identified as Part 1, Plan 65R-2201 0 as shown in shading on Schedule "AE" shall only be used in accordance with the following provisions. Uses Permitted Notwithstanding any prov1s1ons to the contrary the "Lands" may be used entirely for free standing buildings in accordance with the uses permitted in Section 23.0.1.2 with the addition of the following uses: Building Supply Outlet Garden Centre Commercial School Fitness Centre Dry Cleaning Outlet Clinic Drug Store 23.0 .. 3.1.1 Definitions Notwithstanding any provisions to the contrary, for the purposes of the "Lands", the following definitions shall apply: Building Supply Outlet: Means a premises in which building, construction and/or home improvement materials are offered for sale to the public and may include, as accessory uses, the outdoor storage of such materials along with an outdoor display and sales area. Garden Centre: Means a premises where plant material such as seed fertilizer, bulbs, trees, shrubs and accessory items such as lawn furniture, lawn and garden equipment, 23.0.3.2 23.0.3.3 23.0.3.4 furnishings and supplies are sold, and may include as an accessory use, an outdoor display and sales area. School, Commercial: Means a premises used for instructing or training in art, business, dance, driving, golf, hairdressing, language, modeling, music, tutoring or like activities for the purposes of remuneration, however does not include a public, private or trade school. Fitness Centre: 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. Outdoor Display and Sales Area: Means an area of land, used in conjunction with a business located within a building or structure on the same lot, for the display or sale of produce, merchandise or supply of services, however does not include a motor vehicle sales or rental establishment. Outdoor Storage: 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. Zone Requirements Notwithstanding any provisions to the contrary and for the purposes of the zone requirement provisions of this by-law only the "Lands" shall be construed as being the same lot with all abutting C8 lands notwithstanding any current or future parcel divisions. Lot Specifications In accordance with Section 23.0.2 and 23.0.2.1 Siting Specifications Notwithstanding the provisions of Section 23.0.2.2 the following setbacks shall apply to the "Lands": Setback from Bayview Avenue (minimum) 6 metres Setback from Hydro Corridor (minimum) 14 metres 23.0.3.5 Setback from Southern Property Line (minimum) Minimum distance separation from northern Boundary of Part 1, Plan 65R-22010 Building Specifications In accordance with Section 23.0.2.3. 3 metres 14 metres 23.0.3.5.1 Gross Leasable Floor Area (maximum) 23.0.3.6 23.0.3.7 Notwithstanding the provisions of Section 23.0.2.3.1 the "Lands" may have a maximum Gross Leasable Floor Area of 12,900.0 square metres exclusive of an outdoor seasonal garden centre which shall have a maximum size of 1,675 square metres. Parking In accordance with the provisions of Sections 23.0.2.4 with the exception that the area devoted to outdoor seasonal garden centre shall not be included in the calculation of the minimum parking space requirements. Loading Notwithstanding the provisions of Section 19.2 all loading spaces and loading doors shall be located such that they do not directly face a public street or residential uses and shall be appropriately screened. In addition, notwithstanding the provisions of Section 19.2.1 the minimum number of loading spaces required for home improvement centres shall be 3. 23.0.3.7.1 Ingress and Egress Notwithstanding the provisions of Section 6.27.8 the main ingress and egress driveway ramp on Bayview Avenue shall have a maximum width of 23.5 metres and a minimum width of 8.0 metres measured along the street line. All other ingress and egress driveway ramps shall have a minimum width of 8.0 metres and a maximum width of 19.0 metres. 23.0.3.7.2 Outside Storage 23.0.3.8 23.0.3.9 Notwithstanding the prov1s1ons of Section 23.0.1.3 outside storage and display of goods and materials for sale shall be permitted in accordance with the provisions an executed site plan agreement which agreement shall provide location and screening requirements. Outside Storage shall comply with the provisions of Section 19.3 with the exception that Section 19.3.7 shall not apply. Landcaping In accordance with Section 23.0.2.6 Holding Prefix Notwithstanding the provisions of Section 23.0.3 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)C8 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. Notwithstanding the above, site preparation including grading and site servicing may occur prior to the removal of the "(H)" Holding prefix in accordance with Town policies and by-laws pertaining to such works. 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)C8 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 and that the relevant provisions of the Official Plan including Official Plan Amendment No. 41 have been complied with. However, in accordance with Official Plan Amendment No. 41 building construction shall not occur prior to March 1, 2003 and as such the "(H)" Holding prefix shall not be lifted any earlier than deemed necessary to permit the building permit to be issued on March 1, 2003 . Upon removal of the "(H)" Holding prefix from the lands zoned (H)C8 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 Section 23.0.3.1 to 23.0.3.8 inclusive. 4) THAT no part of this By-law No. 4366-02.0 shall come into force until the provisions of the Planning Act have been complied with, but subject to such provisions, the By-law shall take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS 20TH DAY OF AUGUST, 2002. READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF AUGUST, 2002. T. TOWN OF AURORA THIS IS SCHEDULE "AE" TO BY-LAW NO. 4366·02.D THE REGIONAL MUNICIPALITY OF YORK PASSED THIS 2o"" DAY LOCATION: PART OF LOT 81, CONCESSION 1 EYS Part 1, Plan 65R·22010 OF C9 w :::J(\j t3oo > <(/-- CB so ci~l w__j > >- <( m (H)C7-2 0 ,_____, CD 1----- CJ __j 0-9 (H)C6-2 0-9 1.WELLINGtON S1) EAS1"' ~ I SCHEDULE "AE" TO BY-LAW NO. 4366-02.0 Explanatory Note Re: Zoning By-law 4366-02.0 By-law 4366-02.0 has the following purpose and effect: To add specific provisions to the "Enclosed Shopping Centre Commercial (H)(C8) Zone" to apply to the lands the lands, being Part of Lot 81, Concession 1 EYS, more particularly described as Part 1, 65R-2201 0. The amendment is to permit the development of the lands for commercial and retail uses, including a building supply outlet and garden centre, all of which may occur in either enclosed or free standing buildings. The C8 zone also applies to a adjacent lands and the provisions of the C8 zone indicate that "Notwithstanding any provisions to the contrary, the lands shown zoned C8 shall be construed as being one lot so that the provisions of this by-law shall apply collectively to the lands within this zone, notwithstanding their division into two or more parcels". Thusly most of the general provisions of the C8 Zone continue to apply to both· the subject lands and all adjacent lands zoned C8, however specific provisions have been added to the subject lands to permit a building supply outlet and garden centre along with other commercial and retail uses within free standing buildings. The by-law provides that the "(H)" Holding prefix not be removed until specific dates as established within the Official Plan respecting the release of building· permits have been complied with.