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BYLAW - Amend 6000-17 Monarch Park Gate, Addison Hall Circle (File ZBA-2022-03) - 20230627 - 6524-23The Corporation of the Town of Aurora By-law Number 6524-23 Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 20-85 Monarch Park Gate, 25- 340, 375-455 Addison Hall Circle (File No. ZBA-2022-03). Whereas under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”), zoning by-laws may be passed by the councils of local municipalities to prohibit and regulate the use of land, buildings and structures; And whereas on June 27, 2017, the Council of The Corporation of the Town of Aurora (the “Town”) enacted By-law Number 6000-17 (the “Zoning By-law”), which Zoning By-law was appealed to the Ontario Municipal Board (the “OMB”); And whereas on January 29, 2018, the OMB made an order, in accordance with subsection 34(31) of the Planning Act, providing that any part of the Zoning By-law not in issue in the appeal shall be deemed to have come into force on the day the Zoning By-law was passed; And whereas the OMB and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or OMB or Local Planning Appeal Tribunal or LPAT is deemed to be a reference to the Tribunal; And whereas the Council of the Town deems it necessary and expedient to further amend the Zoning By-law; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. Section 24.443.1 of the Zoning By-law be and is hereby deleted and replaced with the following: “24.443.1 Permitted Uses All Principal uses set out in the E-BP Parent Zone under Section 10.1, as well as the following additional Principal Uses: • Office/clinic, medical • Warehouse, which shall also be permitted within 200 metres of the King’s Highway 404 corridor. Notwithstanding the Accessory Use provisions of the E-BP Parent Zone under Section 10.1, the following shall apply to Accessory Uses in an office building and all other Principal Uses: Notwithstanding any provisions to the contrary, Accessory Uses in an office building shall subject to the following provisions: • No access shall be permitted except from the interior of the building; and, By-law Number 6524-23 Page 2 of 7 • Outdoor freestanding exterior signs advertising the accessory uses shall not be permitted. Notwithstanding any provisions under Section 10.1, Accessory Uses including, but not limited to Accessory Retail shall be permitted, provided that the Gross Floor Area devoted to such use does not exceed 10% of the Gross Floor Area of the premises or 900 square metres, whichever is less. Notwithstanding any other provisions within this By-Law, uses within the Wellhead Protection Areas as shown on Schedule “B” attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, c. 22, as amended.” 2. Section 24.444.1 of the Zoning By-law be and is hereby deleted and replaced with the following: “24.444.1 Permitted Uses All Principal uses set out in the E-BP Parent Zone under Section 10.1, as well as the following additional Principal Uses: • Office/clinic, medical; • Warehouse, which shall also be permitted within 200 metres of the King’s Highway 404 corridor. Notwithstanding the Accessory Use provisions of the E-BP Parent Zone under Section 10.1, the following shall apply to Accessory Uses in an office building and all other Principal Uses: Notwithstanding any provisions to the contrary, Accessory Uses in an office building shall subject to the following provisions: • No access shall be permitted except from the interior of the building; and, • Outdoor freestanding exterior signs advertising the accessory uses shall not be permitted. Notwithstanding any provisions under Section 10.1, Accessory Uses including, but not limited to Accessory Retail shall be permitted, provided that the Gross Floor Area devoted to such use does not exceed 10% of the Gross Floor Area of the premises or 900 square metres, whichever is less. Notwithstanding any other provisions within this By-Law, uses within the Wellhead Protection Areas as shown on Schedule “B” attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, c. 22, as amended.” 3. Section 24.445.1 of the Zoning By-law be and is hereby deleted and replaced with the following: By-law Number 6524-23 Page 3 of 7 “24.445.1 Permitted Uses All Principal uses set out in the E-BP Parent Zone under Section 10.1, as well as the following additional Principal Uses: • Motor Vehicle Repair Garage • Office/Clinic, Medical • Restaurant • School, Commercial • Warehouse, which shall also be permitted within 200 metres of the King’s Highway 404 corridor. Notwithstanding the Accessory Use provisions of the E-BP Parent Zone under Section 10.1, the following shall apply: Accessory Uses including, but not limited to Accessory Retail shall be permitted, provided that the Gross Floor Area devoted to such use does not exceed 10% of the Gross Floor Area of the premises or 900 square metres, whichever is less. Notwithstanding any other provisions within this By-Law, uses within the Wellhead Protection Areas as shown on Schedule “B” attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, c. 22, as amended.” 4. Section 24.446.1 of the Zoning By-law be and is hereby deleted and replaced with the following: “24.446.1 Permitted Uses All Principal uses set out in the E-BP Parent Zone under Section 10.1, as well as the following additional Principal Uses: • Drive Through Facility; • Dry Cleaning Depot; • Financial Institution; • Office/Clinic, Medical; • Personal Service Shop; • Public Garage; • Retail Store, which may also include the sale of food; • Restaurant; • Service Shop, Light; and, • Warehouse, which shall also be permitted within 200 metres of the King’s Highway 404 corridor. By-law Number 6524-23 Page 4 of 7 Notwithstanding the Accessory Use provisions of the E-BP Parent Zone under Section 10.1, the following shall apply: Accessory Uses including, but not limited to Accessory Retail shall be permitted, provided that the Gross Floor Area devoted to such use does not exceed 10% of the Gross Floor Area of the premises or 900 square metres, whichever is less. Notwithstanding any other provisions within this By-Law, uses within the Wellhead Protection Areas as shown on Schedule “B” attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, c. 22, as amended.” 5. Section 24.447.1 of the Zoning By-law be and is hereby deleted and replaced with the following: “24.447.1 Permitted Uses All Principal uses set out in the E-BP Parent Zone under Section 10.1, as well as the following additional Principal Uses: • Drive Through Facility; • Dry Cleaning Depot; • Financial Institution; • Motor Vehicle Repair Garage; • Office/Clinic, Medical; • Personal Service Shop; • Restaurant; • Retail Store, which may also include the sale of food; • Service Shop, Light; and, • Warehouse, which shall also be permitted within 200 metres of the King’s Highway 404 corridor. Notwithstanding the Accessory Use provisions of the E-BP Parent Zone under Section 10.1, the following shall apply: Accessory Uses including, but not limited to Accessory Retail shall be permitted, provided that the Gross Floor Area devoted to such use does not exceed 10% of the Gross Floor Area of the premises or 900 square metres, whichever is less. Notwithstanding any other provisions within this By-Law, uses within the Wellhead Protection Areas as shown on Schedule “B” attached hereto and forming part of this By-law are subject to the Wellhead Protection Area Policies within section 7.3.38 of the Region of York Official Plan, as amended, and the appropriate policies of an approved Source Water Protection Plan under the Clean Water Act, 2006, c. 22, as amended.” By-law Number 6524-23 Page 5 of 7 b. This by-law shall come into full force subject t❑ compliance with the provisions of the Planning Act and subject t❑ compliance with such provisions, this by-law will take effect from the date of final passage hereof. Enacted by Town of Aurora Council this 27th day of June, 2023. am Mrakas, Mayor Mich el de Rand, Town Clerk By-law Number 6524-23 Page 6 of 7 Explanatory Note Re: By-law Number 6524-23 By-law Number 6524-23 has the following purpose and effect: To amend By-law Number 6000-17, as amended, the Zoning By-law in effect in the Town of Aurora, to delete and replace sections 24.443.1, 24.444.1, 24.445.1, 24.446.1, and 24.447.1. The effect of this amendment will permit warehouse as a principal use within 200 metres of the King’s Highway 404 corridor and to permit accessory uses subject to size provisions for the properties in the Addison Hall Business Park Subdivision. By-law Number 6524-23 Page 7 of 7 Schedule “A” Location: Blocks 1-32, Registered Plan of Subdivision 65M-4650, Town of Aurora, Regional Municipality of York Subject Lands