BYLAW - Zoning Whitwell - 20050524 - 466905DWhitwell Developments Limited
The Corporation of the Town of Aurora
By-law Number 4669-05.0
BEING A BY-LAW to amend By-
law No. 2213-78, as amended,
being the Zoning By-law of the
Town of Aurora. (014-28-03)
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended
provides that the Council of a local Municipality may pass a Zoning By-law;
AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-
law 2213-78 being the Zoning By-law, as amended;
AND WHEREAS the Council of the Corporation of the Town of Aurora deems it
advisable to further amend By-law 2213-78, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. Map No. 1 of Schedule A of By-Law Number 2213-78 is amended by changing
from Business Park (BP) Zone Open Space (0-9) Zone to Business Park
Exception (BP-4) Zone, the zoning of the subject lands which are comprised of
Part of Lot 21, Concession 3, EYS, together with a portion of First Commerce
Drive, all as illustrated on Schedule "A" attached hereto and forming part of
this By-Law.
2. The following Section is added to By-Law Number 2213-78 as Section 27.D.8:
Section 27.D.8 Business Park (BP·4) Exception Zone
Notwithstanding any provisions to the contrary, the subject lands shown zoned
Business Park (BP-4) Exception Zone on Schedule "A" may be used in accordance
with the following provisions:
27.D.8.1 Uses Permitted
All uses setout in Section 27.0.2 and 27.0.3 with the exception of
Industrial Uses, Food Processing Establishments and Theatres.
The following retail and service commercial uses as principal uses:
• animal hospital
• financial institutions
• financial institutions, drive thru
• building supply outlet
• commercial schools
• department store
• drug stores
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• libraries, post offices and government administrative offices
• medical and dental laboratories
• office/clinic, medical
• places of entertainment
• restaurants
• restaurants, drive thru or take out
• retail stores, excluding a beer and/or liquor store
• service shops, light
• service shops, personal
• studios
• supermarket
• warehouse membership club
Notwithstanding the foregoing, uses including any of the above
which are or may become noxious are specifically excluded.
27.0.8.1.1 Definitions:
In addition to the provisions of Sections 3 and 27.0.1, the following
definitions shall apply to the lands zoned Business Park (BP-4)
Exception Zone:
Accessory Garden Centre:
Means a premises, accessory to a principal use, 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.
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 an accessory use, the outdoor storage of such materials
along with an outdoor display and sales area, as well as an
accessory garden centre.
Department Store:
Means a retail store where a wide range of merchandise is sold and
services are provided on a departmentalized basis, such as:
household furniture and furnishings; household appliances; clothing
and apparel; hardware; paint and wallpaper; drugs; photo
equipment and services; restaurant, including drive through or take
out facilities; optical; a limited range of foodstuffs and sundries;
books and stationary; and other miscellaneous retail goods and
commodities, and may include, as accessory uses, a tire and lube
service shop and an accessory garden centre.
Financial Institution:
means a premises in which financial services are offered to the
public and includes a bank, credit union, trust company, savings
office or any other retail banking operation however does not
include a financial institution, drive-thru.
Financial Institution. Drive-Thru:
means a premises in which financial services are offered to the
public and includes a bank, credit union, trust company, savings
office or any other retail banking operation which includes facilities
for banking transactions by the public while in motor vehicles by
means of an order or window service, or an automated teller
machine, which motor vehicles approach in designated lanes.
Floor Area. Gross Leasable:
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:
i) 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 as
loading 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.
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.
Restaurant. Drive-Thru or Take-Out:
Means a premises with or without seating used for the preparation
and serving of food and beverages to the public which may be
consumed on or off the premises and which may include an order
or window service to the public while in motor vehicles which motor
vehicles approach in designated lanes.
Supermarket:
Means an establishment in which a balanced line of goods such as
canned, bottled, packaged and frozen foods, fresh meat and
poultry, fish, fresh fruits and vegetables, prepared food products,
bakery products, dairy products, candy and confectionery and other
food products are sold. In addition, newspapers, magazines, paper
products, soft drinks, tobacco products, health and beauty aids,
housewares, flowers and plants and other non-food articles may be
sold. Services may also be offered for sale provided they are
subordinate to the main use and may include an accessory garden
centre.
Warehouse Membership Club:
Means premises where a wide range of goods is stored and kept
for sale in a warehouse format, and where patronage of the building
shall be restricted to businesses or persons and their guests who
are members of the club or organization which operates the
Warehouse Membership Club and may include, as accessory uses,
a tire and lube service shop and an accessory garden centre.
Means the open and uncovered area on a lot between the nearest
main wall of a building and a lot line.
27.0.8.2 Zone Requirements:
27.0.8.2.1 Lot Specifications:
27.0.8.2.1.1 For the purpose of the BP-4 zone the following shall be deemed to
be one lot, regardless of ownership:
-the parcel of land on the west side of First Commerce Drive zoned
BP-4. and,
-the parcel of land on the east side of First Commerce Drive zoned
BP-4.
27 .2.8.2.1.2 The east limit of the BP-4 zone shall be defined by the dimensions
shown on the attached Schedule "A".
27.0.8.2.2 Siting Specifications (minimum):
yard adjacent to a public highway
-adjacent to Wellington Street &Leslie Street
-adjacent to other streets
yard adjacent to Environmental Protection Zone
yard adjacent to Open Space zone
other yards
27.0.8.2.3 Landscaping Requirements (minimum):
i) adjacent to Wellington Street
adjacent to Leslie Street
adjacent to other roads
adjacent to Environmental Protection Zone
adjacent to Open Space Zone
9 metres
6 metres
10 metres
3 metres
3 metres
6 metres
6 metres
3 metres
10 metres
3 metres
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 equivalent to not less
than five percent (5%) of the parking area, provided that
such landscaping shall be counted within the minimum 10
percent (10%) landscaping required in subsection ii) above.
27.D.8.2.4 Building Specifications (maximum):
floor area ratio
height
27.0.8.2.4.1 Gross Leasable Floor Area (maximum):
50%
4 storeys
The maximum gross leasable floor area for all retail and service
commercial uses permitted on the lands zoned BP-4 shall be
50,166 square metres.
27.0.8.2.4.2 Gross Leasable Floor Area-Specific Uses (maximum):
Notwithstanding Section 27.0.7.1, and subject to Section
27.0.7.4.1, the following restrictions shall also apply to the uses
permitted on the lands zoned BP-4:
(a) a maximum of one (1) department store shall be permitted,
with a maximum gross leasable floor area of 12,319 square
metres, exclusive of any outdoor portion of an accessory
garden centre, which shall have a maximum size of 1 ,675
square metres;
(b) a maximum of one (1) warehouse membership club shall be
permitted, with a maximum gross leasable floor area of
12,050 square metres, exclusive of any outdoor portion of an
accessory garden centre which shall have a maximum size
. of 1 ,675 square metres;
(c) a maximum of one (1) building supply outlet, with a
maximum gross leasable floor area of 10,591 square metres,
exclusive of any outdoor portion of an accessory garden
centre which shall have a maximum size of 1,675 square
metres;
(d) a maximum of one (1) supermarket with a maximum gross
leasable floor area of 10,591 square metres, exclusive of
any outdoor portion of an accessory garden centre which
shall have a maximum size of 1 ,675 square metres;
(e) the maximum aggregate gross leasable floor area for all
other permitted retail stores, (other than the uses identified in
subsections (a) through (d) above), of 12,913 square metres,
subject to the following further restrictions:
(i) a minimum retail store size of 370 square metres of
gross leasable floor area; and,
(ii) notwithstanding the foregoing, a maximum of ten (1 0)
retail stores may have less gross leasable floor area
than 370 square metres;
(f) a building supply outlet, identified in subsection (c) above,
shall not be open for business until September 30, 2006;
(g) notwithstanding subsection (e), the maximum permitted
aggregate gross leasable floor area for retail stores shall be
8,500 square metres until at least two of the uses identified
in subsections (a) through (d) are constructed, occupied and
open for business on the lands zoned BP-4 and provided
that at least one of such uses has a minimum gross leasable
floor area of 9,300 square metres and at least one other of
such uses has a minimum gross leasable floor area of 7,000
square metres;
27.0.8.2.5 Loading Space Requirements:
For all retail and service commercial uses permitted as principal
uses, loading spaces shall be provided in accordance with Section
19.2, with the exception that no loading spaces shall be required for
retail and service units with a gross leasable floor area of less than
400 square metres where loading can be provided from a private
roadway or driveway and further that the gross leasable floor area
For all retail and service commercial uses permitted as principal uses,
loading spaces shall be provided in accordance with Section 19.2, with
· the exception that no loading spaces shall be required for retail and
service units with a gross leasable floor area of less than 400 square
metres where loading can be provided from a private roadway or
driveway and further that the gross leasable floor area for such units
shall be excluded from the total commercial floor area of the building for
the purposes of determining the number of loading spaces required by
Section 19.2.1.
For all other permitted uses on the subject lands, loading spaces shall
be provided in accordance with Section 27.0.4.5.
27.0.8.2.6 Parking Requirements:
i) For all retail and service commercial uses permitted as principal
uses on the subject lands, parking shall be provided at a
minimum rate of at least 5.4 spaces for each 100 square metres
of gross leasable floor area, excluding the area devoted to any
outdoor seasonal garden centre which is accessory to another
retail use.
ii) For all other primary permitted uses on the subject lands, parking
spaces shall be provided in accordance with Section 27.0.4.6.
iii) All other provisions of Sections 6.26 and 6.27 of By-law 2213-78
shall also apply.
27.0.8.2.7 Outdoor Display and Storage
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.
READ A FIRST AND SECOND TIME THIS 24th DAY OF MAY, 2005.
READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF MAY, 2005.
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Explanatory Note
Re: Zoning By-law No. 4669-05.0
By-law Number 4669-05.0 has the following purpose and effect:
To amend By-law 2213-78, as amended, the Zoning By-law in effect in the Town of
Aurora, to rezone the subject lands from Business Park (BP) Zone Open Space (0-9)
Zone to Business Park Exception (BP-4) Zone. The rezoning will permit the use of
the lands for retail and commercial uses in a Regional-serving Retail Commercial _
Centre. The zoning provisions will also maintain underlying policy permissions for
Business Park uses.
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: PART OF LOT 21, CONCESSION 3 EYS
THIS IS SCHEDULE "A"
TO BY-LAW NO. 4669-05.D
PASSED THIS~ DAY
OF inAY '2005.
LANDS SUBJECT TO REZONING
FROM "BP" AND "0-9" TO "BP-4"
RU
BP
BP-1
BP
RU WELLINGTON STREET EAST
. '
SCHEDULE "A" TO BY-LAW NO. 4669-05.0