BYLAW - Amend Zonging Morguard - 20041214 - 462004D1 00 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Tel: (905) 727-1375
Web: www.town.aurora.on.ca
NEW ADDRESS:
1 Municipal Drive
Box 1000
Aurora, ON
L4G 6J1
AFFIDAVIT UNDER SECTION 34(22) OF THE PLANNING ACT (1990)
I, Bob Panizza, hereby certify that the notice for By-law # 4620-04.D of the
Corporation of the Town of Aurora, passed by the Council of the Corporation on the
14th day of December 2004, was given on the 1 ih day of December 2004, 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 R.S.O. 1990 c. P.l3, as amended. I also certify that the
20 day appeal period expired on the 6th day ofJanuary 2005, and to this date no notice
of appeal of the By-law has been received by any person in the office of the Clerk.
Dated this ih day of January 2005.
(Morguard REIT)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4620-04.0
BEING A BY-LAW to amend
By-law No. 2213-78
WHEREAS it is deemed advisable to amend By-law Number 2213-78, as amended.
NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as
follows:
1. That "Section 23.0 Enclosed Shopping Commercial (C8) Zone" be deleted and
replaced with the following:
"Section 23.0
provisions of
this zone,
parcels."
Community Commercial Centre (C8) Zone
Notwithstanding any provisions to the contrary, the lands shown
zoned C8 shall be construed as being one lot so that the
this bylaw shall apply collectively to the lands within
notwithstanding their division into two or more
2. THAT the zoning category applying to the lands known as Blocks 2 and 3 of Plan
65M-3074 as shown in shading on Schedule "A" attached hereto and forming
part of this By-law No. 4620-04.0 is hereby amended from "Campus Commercial
(C9) Zone" to "Community Commercial Centre (C8) Zone".
3. THAT Section 23.0.1 and 23.0.2 be deleted and replaced with the following:
23.0.1.1 The following permitted uses shall apply only to the lands described
as Blocks 2 and 3 of Plan 65M-3074 as shown in shading on
Schedule "A":
-clinics
-commercial schools
-community uses, public institution uses catering to the needs of
the community
-day care centres
-department store
-drug stores
-dry cleaner's distribution depot
-fitness centres
-garden centres
-hotels
-libraries, post offices and government administrative offices
-medical and dental laboratories
-religious institutions
-supermarket
23.0.1.2 The following permitted uses shall apply to all lands zoned C8:
-banks or financial institutions, including drive-thru
-business and professional offices
-cinemas
-places of entertainment
-restaurants
-restaurants, take-out
23.D.1.2.1
-2-
-restaurants, drive thru
-retail stores
-studios
-service shops, light
-service shops, personal
Definitions
Notwithstanding any provisions to the contrary, for the purposes of
the lands subject to Bylaw 4620-04.0, the following definitions shall
apply:
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, 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.
23.D.1.3 Notwithstanding any provisions to the contrary, no outside storage
shall be permitted except that an Outdoor Display and Sales Area
shall be permitted as an accessory use of a garden centre and in
accordance with 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.
23.D.2 Zone Requirements
23.0.2.1 Lot Specifications
Lot Area (minimum)
(maximum)
Lot Frontage (minimum)
23.D.2.2 Siting Specifications
16.0 ha
22.0 ha
150.0 metres
-3 -
-Setback from Hollidge Boulevard (minimum) 12.0 metres
-Setback from Bayview Avenue (minimum) 6.0 metres
-Setback from·Civic Square Gate (minimum) 25.0 metres
-Setback from Civic Square Gate to landscape pergola
(minimum) 6.0 metres
-Setback from Hydro Corridor (minimum) 10.0 metres
-Setback from Southerly Property Line (minimum) 12.0 metres
Notwithstanding the minimum setback provisions to Hollidge
Boulevard a minimum 6 metres setback from Hollidge Boulevard
shall be required ·for any building or structure located within 150
metres of the westerly property line.
23.0.2.3 Building Specifications
Lot Coverage (maximum):
Building Height (maximum):
metres
Building Height for cinema (maximum) shall only
apply to the lands described Blocks 2 and 3
Plan 65M-3074;
35.0%
12.0
12.5metres
23.0.2.3.1 Gross Leasable Commercial Floor Area: (maximum): 44,128 sq. m.
Notwithstanding the above, the Community Commercial Centre may
also include additional floor area for Not for Profit Community uses
provided that the additional gross leasable floor area does not
exceed 3000 square metres.
23.0.2.4 Parking
In accordance with the provisions of Section 6.26 hereof the parking
requirements for the shopping centre shall be a minimum of 5.4
spaces per 1 00 sq. m. of gross leasable commercial floor area.
23.0.2.5 Loading
Notwithstanding the provisions of Section 19.2 all loading spaces
and loading dbors shall be located such that they do not directly face
a public street and shall be appropriately screened. All other
provisions of Section 19.2 shall apply. Notwithstanding the above; a
cinema use having a gross floor area of less than 3,900 m2 which
shall require a maximum of 2 loading spaces and, the loading doors
for the existing supermarket building located at the corner of Hollidge
Boulevard and ·Bayview. Avenue shall be allowed to face onto
Hollidge Boulevard.
23.0.2.6 Landscaping
i. A strip of land 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 minimum of 6 metres abutting
Bayview Avenue or a reserve abutting Bayview Avenue and
3.0 metres abutting all other lot lines.
-4-
ii. A minimum of ten percent (10%) of every lot on which a
building or structure is erected, shall be used for no other
purpose than landscaping.
iii. Where the number 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.
4. That Sections 23.E to 23.E.2.6 inclusive "Campus Commercial (C9) Zone" be
deleted.
5. 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 14TH DAY OF DECEMBER 2004.
READ A THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF DECEMBER
2004.
- 5 -
Explanatory Note
Re: Zoning Bylaw 4620-04.0
Zoning Bylaw 4620-04.0 applies to the lands located at the south west corner of
Bayview Avenue and Hollidge Boulevard, described as Blocks 2 and 3 Plan 65M-3074.
The purpose of the bylaw amendment is as follows:
Rename the current "Enclosed Shopping Centre Commercial (CB) Zone" to; "Community
Commercial Centre (CB) Zone" and rezone the "Campus Commercial" (C9) Zone to
"Community Commercial Centre (CB) Zone" to eliminate the requirement for the lands to
be developed as an 'enclosed' commercial development and allow the entire lands to
develop as a single site.
The subject bylaw also combines the total maximum commercial gross leasable floor
areas of the previous CB and C9 zones into a single maximum of 44,128 m2, combines
the permitted uses for the lands, provides definitions for uses currently lacking a
definition and sets out the minimum building setbacks. A maximum building height of
12.5 m is permitted for a cinema use, and a maximum of 2 loading spaces are required
for a cinema use having a gross floor area of less than 3900m2.
(File: 014-29-03)
TOWN OF AURORA THIS IS SCHEDULE "A"
THE REGIONAL MUNICIPALITY OF YORK
TO BY-LAW NO. 4620-04.D
PASSED THIS l1_ DAY
LOCATION: Blocks 2 & 3, Plan 65M-3074
D LANDS SUBJECT
TO BY-LAW
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