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BYLAW - Amend Zoning - 20040224 - 450904D1 00 John West Way Box 1000 Aurora, Ontario L4G 6J1 Tel: (905) 727-1375 Web: www.town.aurora.on.ca AFFIDAVIT UNDER SECTION 34(22) OF THE PLANNING ACT (1990) I, Bob Panizza, hereby certify that the notice for By-law# 4509-04.D of the Corporation ofthe Town of Aurora, passed by the Council of the Corporation on the 24th day of February 2004, was given on the 1" day of March 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.13, as amended. I also certify that the 20-day appeal period expired on the 21 ''day of March 2004, 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 25 1h day of March 2004. Bob Pani za Town Clerk mgMl:@J~t~~~~~i,. ) .~. ,,,.,.,, Committee of Adjustment MEMO To: Brian Corbett, St. John's Bay Land Company From: Angelique Roylance Subject: Zoning By-law Amendment Application D14-32-03 (St. John's Bay) By-law No. 4509-04.D Date: June 17m 2004 Please be advised that By-law No. 4509-04.D, was passed by Council on the 24th day of February 2004 and a notice of passing was circulated on the I st day of March 2004. An affidavit was also circulated to pertinent individuals on the 25th day of March, advising in part that no appeals. had been received. It has since been brought to our attention that Schedule "A" of By-Jaw No. 4509-04.D was not included in your copy of the material previously distributed. I have therefore enclosed a copy of the complete By-law including Schedule "A" for your reference. Attachments Copy: Faris Georgis, Region ofYork Carolyn Volpe!, MP AC Colleen Abbott, Aurora Public Library Sue Seibert, Director of Planning Leo Grellette, Director of Building Ruth Beaton, Permit Information Officer Karen Ewart, Administrative Coordinator St. John's Bay Land Company Ltd. THE CORPORATION OF THE TOWN OF AURORA By-law Number 4509-04.0 BEING A BY-LAW to amend By-Jaw 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" to "Shopping Centre Commercial (C4-21) Exception Zone", the zoning of the lands which comprise Lot 1 and Block 7, on Plan 65M-2874 as illustrated on Schedule "A" attached hereto and forming part of By-Law No. 4509-04.0. · 2) THAT Section 23 is hereby amended by adding the following as Section 23.21 "Shopping Centre Commercial C4-21 Exception Zone". 23.21 23.21.1 23.21.2 23.21.2.1 SHOPPING CENTRE COMMERCIAL C4-21 EXCEPTION ZONE Uses Permitted a) -retail stores, including a LCBO warehouse/retail store, and/or a Brewer's Retail Outlet (Beer Store), but excluding a. supermarket, department store, junior department store, and convenience retail; bake shop and bake shop special not exceeding 464 square metres of Gross Leasable Floor Area; 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 In accordance with the provisions of Section 23.2.1 hereof. 23.21.2.2 23.21.2.3 23.21.2.4 23.21.2.5 23.21.2.6 2 Siting Specifications In accordance with the provisions of Section 23.2.2 hereof. Notwithstanding any other provisions to the contrary, the lot line abutting Bayview Avenue shall be deemed to be the front lot line for the purposes of calculating any zone provisions. Notwithstanding any other provisions to the contrary, the minimum front yard shall be 9.0 metres. The provisions of Section 6.40 shall not apply to the subject lands. Building Specifications In accordance with the provisions of Section 23.2.3 hereof. 23.21.2.7 Notwithstanding any provisions to the contrary, the maximum total Gross Leasable Floor Area shall be 2787 square metres, and no unit shall have a Gross Leasable Floor Area greater than 1393.5 square metres. 23.21.2.8 . Notwithstanding any provisions to the contrary, for the purposes of the C4-21 Zone, the following definitions shall apply: 23.21.2.9 Gross Leasable Floor Area means the Gross Floor Area measured between interior faces of any exterior or interior walls of the building or structure, exclusive of the following areas: any Service Room, or enclosed area that is used exclusively for the accommodation of heating, cooling, ventilation, electrical, mechanical or telecommunications equipment, or maintenance facilities that services the building or structure; ii any part of the building or structure that is used for receiving, shipping, loading or unloading, or parking area; iii any part of the building or structure used exclusively as common areas, for the purpose of pedestrian circulation between stores or other commercial occupancies. Gross Floor Area means the aggregate of the floor areas of each storey measured between the interior faces of any exterior walls of the building or structure. Parking Notwithstanding any other provisions to the contrary, the minimum parking required shall be calculated on the basis of 6.0 spaces per 100 square metres of Gross Leasable Floor Area. 3 23.21.2.1 0 Notwithstanding the provisions of Section 6.28 and any other provisions to the contrary, driveways, entrance and exit ramps and surplus parking areas located on the lands zoned C4-21 shall also be permitted to service the lands to the north zoned C9-1. 23.21.2.11 Loading Notwithstanding the prov1s1ons 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, and they shall be appropriately screened. All other provisions of Section 19.2 shall apply. 23.21.2.12 Ingress and Egress Notwithstanding the prov1s1ons of Sections 6.27.8.(a), 6.27.8.(b), and 6.27.8.(e) to the contrary, a maximum of six (6) entrance and exit ramps shall be permitted servicing the subject lands. Said entrance and exit ramps may be shared, servicing the subject lands and the lands to the north on Parts 2, 3, 4, and Blocks 8, 9,and 10 on Plan 65M-2874, and Part 1 65R-15062, and/or the lands to the south on Block 5, Plan. 65M-2874. All joint entrance and exit ramps shall have a maximum width of 13.0 metres and a minimum width of 6.0 metres measured along the streetline, or property line. No direct access to Bayview Avenue shall be provided from the lands zoned C4-21. 23.21.2.13 Landscaping Notwithstanding the prov1s1ons of Sections.6.31.2 and 6.49 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 the 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, or a reserve abutting Bayview Avenue and 3.0 metres abutting Earl Stewart Drive, and/or a reserv.e abutting Eart Stewart Drive, and 1.5 metres abutting all interior side lot lines. 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 24"' DAY OF FEBRUARY, 2004. READ A THIRD TIME AND FINALLY PASSED THIS 24"' DAY OF FEBRUARY, 2004. TOWN OF AURvRA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lot 1 and Block 7 Plan SSM-287 4 THIS IS SCHEDULE "A" TO BY-LAW NO. 4509-o4.D PASSED THIS 24TH DAY OF F BRUARY 2004. M\i}l!iRii) LANDS SUBJECT TO REZONING FROM "M4" TO "C4-21" 0 CS-6 (H) C9-1 RU R3-17 MG 0·16 R2-72 SCHEDULE "A" TO BY-LAW NO. 45Q9-04.D 5 Explanatory Note Re: Zoning By-law No. 4509-04.0 By-law No. 4509-04.0 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 Lot 1 and Block 7, on Plan 65M-2874 (west side of Bayview Avenue between St. John's Road and Pedersen Drive) from "Prestige Industrial (M4) Zone " to "Shopping Centre Commercial (C4- 21) Exception Zone". The purpose of the amendment is to permit the development of the subject lands for the following uses: . retail stores, including a LCBO warehouse/retail store, and/or a Brewe~s Retail Outlet (Beer Store}, but excluding a supermarket, department store, junior department store, and convenience retail; bake shop and bake shop special not exceeding 464 square metres of gross leasable floor area; 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. Site specific development standards have been developed in order to accommodate the proposed building(s) for the lands. In addition, specific standards have been included to regulate such matters as floor area, parking, loading spaces, ingress/egress and landscaping. St. John's Bay Land Company Ltd. THE CORPORATION OF THE TOWN OF AURORA By-law Number 4509-04.0 BEING A BY-LAW to amend By-law No. 2213-78 WHEREAS it is deemed advisable to amend By-law Number 2213-78, 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" to "Shopping Centre Commercial (C4-21) Exception Zone", the zoning of the lands which comprise Lot 1 and Block 7, on Plan 65M-2874 as illustrated on Schedule "A" attached hereto and forming part of By-Law No. 4509-04.0. 2) THAT Section 23 is hereby amended by adding the following as Section 23.21 "Shopping Centre Commercial C4-21 Exception Zone". 23.21 23.21.1 23.21.2 23.21.2.1 SHOPPING CENTRE COMMERCIAL C4-21 EXCEPTION ZONE Uses Permitted a) -retail stores, including a LCBO warehouse/retail store, and/or a Brewer's Retail Outlet (Beer Store), but excluding a supermarket, department store, junior department store, and convenience retail; bake shop and bake shop special not exceeding 464 square metres of Gross Leasable Floor Area; -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 In accordance with the provisions of Section 23.2.1 hereof. 23.21.2.2 2 Siting Specifications In accordance with the provisions of Section 23.2.2 hereof. 23.21.2.3 Notwithstanding any other provisions to the contrary, the lot line abutting Bayview Avenue shall be deemed to be the front lot line for the purposes of calculating any zone provisions. 23.21.2.4 Notwithstanding any other provisions to the contrary, the minimum front yard shall be 9.0 metres. 23.21.2.5 The provisions of Section 6.40 shall not apply to the subject lands. 23.21.2.6 Building Specifications 23.21.2.7 23.21.2.8 23.21.2.9 In accordance with the provisions of Section 23.2.3 hereof. Notwithstanding any provisions to the contrary, the maximum total Gross Leasable Floor Area shall be 2787 square metres, and no unit shall have a Gross Leasable Floor Area greater than 1393.5 square metres. Notwithstanding any provisions to the contrary, for the purposes of the C4-21 Zone, the following definitions shall apply: Gross Leasable Floor Area means the Gross Floor Area measured between interior faces of any exterior or interior walls of the building or structure, exclusive of the following areas: any Service Room, or enclosed area that is used exclusively for the accommodation of heating, cooling, ventilation, electrical, mechanical or telecommunications equipment, or maintenance facilities that services the building or structure; ii any part of the building or structure that is used for receiving, shipping, loading or unloading, or parking area; iii any part of the building or structure used exclusively as common areas, for the purpose of pedestrian circulation between stores or other commercial occupancies. Gross Floor Area means the aggregate of the floor areas of each storey measured between the interior faces of any exterior walls of the building or structure. Parking Notwithstanding any other provisions to the contrary, the minimum parking required shall be calculated on the basis of 6.0 spaces per 100 square metres of Gross Leasable Floor Area. 3 23.21.2.1 0 Notwithstanding the provisions of Section 6.28 and any other provisions tothe contrary, driveways, entrance and exit ramps and surplus parking areas located on the lands zoned C4-21 shall also be permitted to service the lands to the north zoned C9-1. 23.21.2.11 Loading Notwithstanding the prov1s1ons 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, and they shall be appropriately screened. All other provisions of Section 19.2 shall apply. 23.21.2.12 Ingress and Egress Notwithstanding the prov1s1ons of Sections 6.27.8.(a), 6.27.8.(b), and 6.27.8.(e) to the contrary, a maximum of. six (6) entrance and exit ramps shall be permitted servicing the subject lands. Said entrance and exit ramps may be shared, servicing the subject lands and the lands to the north on Parts 2, 3, 4, and Blocks 8, 9,and 10 on Plan 65M-2874, and Part 1 65R-15062, and/or the lands to the south on Block 5, Plan 65M-2874. All joint entrance and exit ramps shall have a maximum width of 13.0 metres and a minimum width of 6.0 metres measured along the streetline, or property line. No direct access to Bayview Avenue shall be provided from the lands zoned C4-21. 23.21.2.13 Landscaping Notwithstanding the prov1s1ons of Sections.6.31.2 and 6.49 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 the 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, or a reserve abutting Bayview Avenue and 3.0 metres abutting Earl Stewart Drive, and/or a reserve abutting Earl Stewart Drive, and 1.5 metres abutting all interior side lot lines. 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 241h DAY OF FEBRUARY, 2004. READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF FEBRUARY, 2004. ~--) / \ --------- --------------------------··-.. -""··-------··- TOWN OF AURvRA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lot 1 and Block 7 Plan 65M-2874 THIS IS SCHEDULE "A" TO BY-LAW NO. 4509-04.0 PASSED THIS 24TH DAY (difi.?!)!l LANDS SUBJECT TO REZONING FROM "M4" TO "C4-21" CS-6 (H) C9-1 w ( :;, ~ < 3: ~-----~------1!:!:! I ·~ 'a! '"""on"'b\\ RU M6 Q) T m· §' >::1 CS-4 -Cres 01 cr----J:__ __ _:J~ :::::-f'!edersen.or) -- · \ """" R2-72 I (IVIq. _, -1 .L I SCHEDULE "A" TO BY-LAW NO. 4509-04.D [ R3-17 _ 'tJa]w~rk_ St_ _ 0-16 5 Explanatory Note Re: Zoning By-law No. 4509-04.0 By-law No. 4509-04.0 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 Lot 1 and Block 7, on Plan 65M-2874 (west side of Bayview Avenue between St. John's Road and Pedersen Drive) from "Prestige Industrial (M4) Zone" to "Shopping Centre Commercial (C4- 21) Exception Zone". The purpose of the amendment is to permit the development of the subject lands for the following uses: retail stores, including a LCBO warehouse/retail store, and/or a Brewer's Retail Outlet (Beer Store), but excluding a supermarket, department store, junior department store, and convenience retail; bake shop and bake shop special not exceeding 464 square metres of gross leasable floor area; 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. Site specific development standards have been developed in order to accommodate the proposed building(s) for the lands. In addition, specific standards have been included to regulate such matters as floor area, parking, loading spaces, ingress/egress and landscaping.