AGENDA - Special Council - 20150408SPECIAL COUNCIL
PUBLIC PLANNING
MEETING AGENDA
WEDNESDAY,APRIL 8,2015
7 P.M.
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
April 2,2015
TOWN OF AURORA
SPECIAL COUNCIL –PUBLIC PLANNING
MEETING AGENDA
Wednesday,April 8,2015
7 p.m.
Council Chambers
1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
2.APPROVAL OF THE AGENDA
RECOMMENDED:
THAT the agenda as circulated by Legal and Legislative Services be approved.
3.PLANNING APPLICATIONS
4.READING OF BY-LAW
RECOMMENDED:
THAT the following confirming by-law be given first,second,and third readings
and enacted:
5705-15 BEING A BY-LAW to Confirm Actions by Council pg.33
Resulting from Special Council –Public Planning
Meeting on April 8,2015
5.ADJOURNMENT
Special Council –Public Planning Meeting Agenda
Wednesday,April 8,2015 Page 2 of 2
AGENDA ITEMS
1.PL15-024 –Comprehensive Zoning By-law Review pg.1
File No.ZBA-2012-ZBR
RECOMMENDED:
THAT Report No.PL15-024 be received;and
THAT comments received at the Public Planning Meeting be addressed by
Planning &Development Services and staff be directed to bring the proposed
Comprehensive Zoning By-law Review forward to a future General
Committee Meeting for final approval.
2.PL15-028 –Interim Control &Proposed Zoning By-law pg.25
Medical Marihuana Production Facilities (MMPFs)Study
File No.ZBA-2014-02
RECOMMENDED:
THAT Report No.PL15-028 be received;and
THAT staff be directed to draft an implementing Zoning By-law amendment
pertaining to Medical Marihuana Production Facilities (MMPFs)for review and
discussion at an upcoming General Committee Meeting.
TOWN OF AURORA
PUBLIC PLANNING MEETING REPORT No.PL15-024
SUBJECT:Comprehensive Zoning By-law Review
File No.ZBA-2012-ZBR
FROM:Marco Ramunno,Director of Planning &Development Services
DATE:April 8,2015
RECOMMENDATIONS
THAT Report No.PL15-024 be received;and
THAT comments received at the Public Planning Meeting be addressed by
Planning &Development Services and staff be directed to bring the proposed
Comprehensive Zoning By-law Review forward to a future General Committee
Meeting for final approval.
PURPOSE OF THE REPORT
The purpose of this report is to present an overview of the Comprehensive Zoning By-
law Review to Council and to members of the public for comment.
BACKGROUND
To obtain public input on the Comprehensive Zoning By-law Review,staff have
held two Open Houses and one previous Public Planning Meeting.In addition,
staff have notified that all technical papers and drafts of the By-law are available
on the Town’s website.
Public Planning Meeting
A statutory Public Planning Meeting was held in Council Chambers on February 26,
2014 to hear public comments in the Comprehensive Zoning By-law review being
conducted by the Town as an in-house exercise.Council discussed several issues
regarding the zoning By-law including the Aurora Promenade,Converted Dwellings and
additional notification to affected landowners.Approximately fifteen (15)stakeholders
and landowners from across the Town were in attendance at the Public Planning
Meeting and provided comments regarding the proposed Zoning By-law.The comments
received will be addressed in the technical review and included in a comprehensive
report at a future Public Planning Meeting of Council.
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The following motion was passed at the Public Planning Meeting:
“THAT report PL14-012 be received;and
THAT comments received at the Public Planning meeting be addressed by Planning
and Development Services and Council direct staff to bring the proposed
Comprehensive Zoning By-law Review forward to a future Public Planning meeting for
final approval,subject to the resolution of any outstanding issues.”
Staff initiated background research related to the Comprehensive Zoning By-law
Review in July 2012.In that report the following milestones were identified by staff to
guide the Comprehensive Zoning By-law Review:
July 2012:Initiate background research related to current Zoning By-law
June 2013:Public Open House #1
August 2013:Prepare Technical Papers
September 2013:Public Open House #2
February 2014:First Statutory Public Planning Meeting
July 2014:Complete first draft of new Zoning By-law
November 2014:Complete revisions to first draft of new Zoning By-law
April 2015:Second Statutory Public Planning Meeting
Next Steps:
Prepare second draft of new Zoning By-law
Prepare staff report with recommendation for Council consideration
of new Zoning By-law
Open Houses #1 :
Planning and Development Services staff hosted two public Open Houses on June 24,
2013 and September 26,2013 at the Holland Room in the Aurora Town Hall.The Open
Houses identified existing issues and review items,including existing Town documents
and mapping as references for the Comprehensive Zoning By-law Review.Residents
present at the first Open House discussed parking provisions,Oak Ridges Moraine
conformity,Promenade uses,Promenade status before the Ontario Municipal Board
(OMB)and holding zones.Residents present at the second Open House discussed
setbacks from Key Natural Heritage features and the proposed changes to residential
zoning provisions.Dialogue from the public provides staff with valuable information.
Public comments received from Open Houses 1 and 2 and are under review by staff.
Public Notification:
On February 6 2014,the first Public Meeting respecting the Comprehensive Zoning By-
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law Review was provided in the Banner and the Auroran newspapers and ran for three
(3)consecutive weeks.Notice by mail was provided to all agencies,boards,
commissions and interested parties expressing intent over the past two years.Public
Meeting notification has been provided in accordance with Section 34(12)of the
Planning Act.
On March 19 2015,Notice of this evening’s Public Meeting respecting the
Comprehensive Zoning By-law Review was provided in the Banner and the Auroran
newspapers.Notice by mail was provided to all agencies,boards,commissions and
interested parties.Public Meeting notification has been provided in accordance with
Section 34(12)of the Planning Act.
Consultation and comments are being obtained from Town departments in the review
process for the creation of a final draft.Information related to the Comprehensive
Zoning By-law Review has been circulated to all agencies,boards commissions and
interested parties for review and comment.Comments obtained by internal and
external agencies and members of the public will be considered in the review process.
The final draft of the Zoning By-law will be reviewed by all departments prior to the final
By-law being presented to Council.It is noted that the Town is also obtaining peer
review comments on the draft By-law.
The various sections of the draft By-law are in different stages of completion and are
available on the Town’s website for Council,departmental and public review as
described in this report.Technical Papers have also been prepared by Staff to outline
current By-law issues and how they are to be addressed.Each technical paper has
been created to cover specific sections of the Zoning By-law and each technical paper
item discusses conformity to the Official Plan.The Draft Comprehensive Zoning By-law
technical papers are posted on the Planning &Development Services website at:
www.aurora.ca/comprehensivezoningreview.
COMMENTS
The following are a series of items under review and discussed in Public Planning
Report No.PL14-012.The Draft By-law prepared to date was made available on the
Town’s website in July 2014 and updated in November 2014.A description is provided
under each of the following subsections,with a comment status update.
Definitions:
Most definitions in the By-law were incorporated at the time of the By-law’s creation
(1978)and are still in force.These definitions are in need of updating to reflect current
provisions and some terms are not currently defined.Furthermore,over time other
definitions have been added to the By-law to apply specific zoning,including Industrial
Lands,the Oak Ridges Moraine,Defined Areas (Subdivisions &Business Parks)or Site
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Specific areas.As a result there are several definitions with common or conflicting
terms in the By-law.
The goal of the Comprehensive Zoning By-law Review is to consolidate the definitions
where appropriate into a single,up to date and clearly worded definition section for
permitted uses and other terms.Some site specific definitions will still be necessary in
the new By-law.
Status update:The proposed list of definitions are under review by departments
and agencies.
General Provisions &Parking Standards:
Many existing general provisions in the zoning By-law remain from the current 1978 By-
law and as such reflect standards from 1978.Examples of these provisions include:
accessory buildings,non-conforming buildings,home occupations and public uses.
Previous updates and office consolidations have been added to the general provisions
but a comprehensive review and update of existing provisions was never completed.
General Provisions need to reflect the intent of the new Official Plan for users beyond
2010.The updated General Provisions will include necessary urban provisions to reflect
the standards of a growing municipality.
Parking Standards were also incorporated in 1978.Numerous site specific parking
standards were approved as By-law amendments over time.A new section of the By-
law dedicated to Parking Standards,and Drive-Through stacking requirements has
been prepared and is available on the Town’s website for review.Parking standards will
also reflect policies introduced in the Aurora Promenade Plan.
Status update:The proposed list of general provisions are under review by
departments and agencies.Further review of parking standards with
Infrastructure and Environmental Services and the Peer Review consultant is
ongoing.
Residential Zones:
The existing residential zoning structure consists of five single detached residential
zones,one semi-detached zone,two mixed housing zones,one townhouse zone,and
three apartment density zones.The current lot standards and building performance
specifications of existing parent zoning reflect zoning standards from 1978.Over time,
the size of residential dwellings has generally increased and the size of a residential lot
has deceased.All new residential zones were incorporated into the current by-law as
exception zones,which do not reflect the Town’s parent zoning standards.There are
currently 267 exceptions within the residential zones of the by-law.
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Staff propose to create a new residential parent zone listing which are more applicable
to lot area and frontage categorizations.The new zoning By-law proposes six single
detached zones,one semi-detached zone,one special mixed housing zone,two
townhouse zones and two apartment density zones.Site-Specific provisions will be
harmonized into general residential zone categories where appropriate.Certain
residential exception zones will continue to have existing zoning provisions maintained
where appropriate.
The following is a table illustrating the general changes to the residential zone
categories.
Current Zone
Categorization
Proposed Zone
Categorization
Performance Standards
RR
Rural
Residential
ER
Estate
Residential
No technical change,zone amendment to Estate
Residential
ER
Estate
Residential
ER
Estate
Residential
No changes
Exception zones to be consolidated where
possible
R1
Detached
Dwelling First
Density
Residential
R1
Detached First
Density
Residential
No changes
Exception zones to be consolidated where
possible
R1
Detached
Dwelling First
Density
Residential
R2
Detached
Second Density
Residential
New residential zone,derived from existing R1 zone
2000 m2 lot area (minimum)
20 m lot frontage (minimum)
R2
Detached
Dwelling
Second Density
Residential
R3
Detached Third
Density
Residential
No changes
Exception zones to be consolidated where
possible
R2
Detached
Dwelling
Second Density
Residential
R4
Detached
Fourth Density
Residential
New residential zone,derived from existing R2 zone
370 m2 lot area (minimum)
12 m lot frontage (minimum)
R2
Detached
Dwelling
Second Density
Residential
R5
Detached Fifth
Density
Residential
New residential zone,derived from existing R2 zone
250 m2 lot area (minimum)
9 m lot frontage (minimum)
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R3
Semi-Detached
and Duplex
Dwelling Third
Density
Residential
R6
Semi-Detached
and Duplex
Dwelling
Residential
No changes
Exception zones to be consolidated where
possible
R4
Triplex and
Double Duplex
Fourth Density
Residential
R7
Special Mixed
Density
Residential
No technical changes,zone amendment to Special Mixed
Density Residential
R5
Special Mixed
Density
Residential
R7
Special Mixed
Density
Residential
No technical changes
Permissions from R5 zone to remain
R5 lands located within the Aurora Promenade to
reflect corresponding Official Plan policies
R6
Row Dwelling
Residential
R8
Freehold
Townhouse
Dwelling
Residential
No changes
Exception zones to be consolidated where
possible
R6
Row Dwelling
Residential
R9
Block
Townhouse
Dwelling
Residential
New residential zone,derived from existing R6 zone
To reflect existing and proposed townhouse
condominium developments within the Town
Exception zones to be consolidated where
possible
RA1
First Density
Apartment
Residential
RA1
First Density
Apartment
Residential
Zone standards to be altered to existing RA2 standards
130 m2 minimum lot area per unit
5 storey height maximum
RA2
Second
Density
Apartment
Residential
RA1
First Density
Apartment
Residential
No changes
Exception zones to be consolidated where
possible
RA3
Third Density
Apartment
Residential
RA2
Second
Density
Apartment
Residential
No changes
Exception zones to be consolidated where
possible
Status update:Staff have prepared an updated residential zoning structure
along with zoning charts for permitted uses and performance standards,which
are available for review on the Comprehensive Zoning By-law Review webpage.
Special Mixed Density Residential (R5)Zone:
The existing Special Mixed Density Residential (R5)Zone is primarily located along
Wellington Street East and Yonge Street and the historic residential neighbourhoods
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surrounding the Downtown Aurora.There are numerous exception zones to the R5
zoning which primarily permit office or retail uses along Wellington Street and Yonge
Street reflective of their location.These zones will be re-zoned into a Promenade
Overlay Zoning.Exception zones will be evaluated where appropriate to have existing
exceptions maintained where appropriate.
The current R5 zoning also permits converted dwellings.There are a number of
properties containing converted dwellings in these neighbourhoods.Staff are reviewing
the suitability of the converted dwelling provisions from the R5 parent zoning as an as-
of-right use.Existing converted dwellings would be re-zoned to an appropriate R5
exception zone to recognize the legal converted dwelling use.
Status update:Staff continue to evaluate the permitted uses within the Special
Mixed Density Residential zone and the incorporation of the Aurora Promenade
Overlay Zone.
Aurora 2C Residential Lands:
The Aurora 2C west lands comprises of approximately 3,000 residential units west of
Leslie Street.Zoning for the residential neighbourhoods in the Aurora 2C lands was
approved by Council on June 25,2013.Zoning for the Aurora 2C lands will be
appropriately re-categorized,however the approved zoning standards will be
maintained.
Status update:No update required.
Aurora Promenade:
Specific Official Plan policies apply to the Aurora Promenade located within Downtown
Aurora along Yonge Street and Wellington Street East.Current zoning in the
Promenade Area is a mix of Commercial,Residential,Institutional,Industrial,Mixed Use
and Environmental Protection zones.
The Aurora Promenade Secondary Plan policies outline permitted uses,siting
specifications,built form and parking standards to the five (5)Promenade designations.
Policy from the Promenade Plan and the Official Plan direct the creation of new zones
for lands within the Promenade.These new zone categories will reflect the policies of
the Promenade as prescribed in the Official Plan.The proposed Promenade zone
categories include Downtown,Upper Downtown,Promenade Shoulder,Promenade
General and Promenade Focus.A corresponding Promenade prefix will be added to
each zone to allow the properties additional permitted uses.Therefore,a Residential (R
or RA),Commercial (C),Employment (E),Institutional (I),Open Space (O1 or O2)or
Environmental Protection (EP)prefix would remain to permit existing uses in addition to
the appropriate Promenade Zoning.
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The approach of incorporating new Official Plan permitted uses is through a hybrid
categorization of existing zones and new uses within the Promenade.Existing legal
permitted uses and performance standards from the time of passing of the new zoning
By-law would remain,with the addition of appropriate permitted uses from the
Promenade designation.Prohibited or incompatible permitted uses or standards would
be deleted from the new zoning standard.Site specific zoning will also be reviewed and
maintained where appropriate.
The goal of the hybrid categorization is to broaden permitted uses and reduce minimum
required parking provisions while recognizing the existing zone provisions of property
within the Promenade.Promenade zones will be categorized under land use
designations as prescribed in “Schedule B1”of the Official Plan (Figure 5)and sub
categorized based upon existing Residential,Commercial,Institutional and Industrial
zoning.The following is a table illustrating the general changes to the Promenade
overlay zone categories.
Proposed Overlay Zoning
Structure
Description of Zone
PD
Promenade Downtown
A wide variety of retail,commercial and office uses,
permitted within the historic downtown
PUD
Promenade Upper Downtown
A wide variety of retail,commercial and office uses,
permitted within the historic downtown-north of Wellington
Street
PDS
Promenade Downtown
Shoulder
Residential,Retail and office uses are permitted,but
historical street character is maintained.
PG
Promenade General
A wide variety of retail,commercial and office uses,
permitted-increased height permissions
PF
Promenade Focus
A wide variety of retail,commercial and office uses,
permitted-greatest height permissions within Aurora
Promenade
Status update:Proposed zoning charts for permitted uses and property
standards for the Aurora Promenade have been prepared in draft and are under
review by Staff.The Promenade Zones and corresponding performance standard
charts represent the most significant change to the Town’s Zoning By-law.
It is recommended that the Promenade overlay zone not apply to Employment zoned
lands.This is to ensure that there is not an overabundance and potentially conflicting
listing of permitted uses and a ‘one size fits all’approach is not adopted to these areas
and that Council has the opportunity to review development planning applications on an
individual basis and in an overall planning context.
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Commercial Zones:
The proposed commercial zoning structure affects all commercial lands located outside
of the Aurora Promenade.The commercial zoning structure will reflect the commercial
land use designation outlined in “Schedule C”of the Official Plan.The number of
Commercial parent zones will be reduced from ten (10)parent zones to six (6)parent
zones to reflect common permitted uses,size and scale.The proposed zoning
structure for Commercial Zones is as follows:
Current Zone
Categorization
Proposed Zone
Categorization
Performance Standards
C1
Local
Commercial
C1
Convenience
Commercial
Local convenience retail stores which service an
immediate residential neighbourhood
No technical changes
C2
Central
Commercial
C2
Neighbourhood
Commercial
Local retail,personal services,restaurants and limited
offices,which service a broader residential
neighbourhood
No technical changes
C3
Service
Commercial
C3
Service
Commercial
Car dealerships,service stations and other auto-related
uses
No technical changes
C4
Shopping
Centre
Commercial
C4
Community
Commercial
Retail stores,supermarkets,restaurants and other
commercial uses primarily located along Bayview Avenue
No technical changes
C5
Industrial
Commercial
C2 or C4 A mix of offices,commercial uses and limited employment
uses.
Zone to be re-categorized into appropriate C2 or
C4 commercial exception zone
C6
Office
Commercial
C2 or C4 A mix of offices,medical offices and commercial uses.
Zone to be re-categorized into appropriate C2 or
C4 commercial exception zone
C7
Residential
Commercial
C6
Residential
Commercial
Apartment dwelling units with supportive commercial uses
including personal service shops,convenience retail
stores and offices
No technical changes
C8
Enclosed
Shopping
Centre
Commercial
C5
Major Retail
Big box stores,cinemas,department stores and other
supporting commercial uses which generally serve all
residents within the Town.(Note:Lands currently zoned
Business Park (BP-5)Exception Zone located at the
northeast corner of Wellington Street East and Leslie
Street will remain zoned as Business Park)
No technical changes
C9
Campus
Commercial
C4 or C5 Supermarkets,department stores and other supporting
commercial uses which generally serve all residents
within the Town.
Zone to be re-categorized into appropriate C4 or
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C5 commercial exception zone
C10
Special
Commercial
C2
Neighbourhood
Commercial
Site-specific commercial zones
Zone to be re-categorized into appropriate C2
exception zone
The proposed zoning for the existing commercial zones Local Commercial (C1)Zone
and Service Commercial (C3)will remain relatively unchanged,pending final conformity
review to the Official Plan.Shopping Centre Commercial (C4),Industrial Commercial
(C5)and Office Commercial (C6)zones are proposed to be reclassified into appropriate
Neighbourhood Commercial or Community Commercial Zones.Central Commercial
(C2)zones not located within the Promenade are proposed to be reclassified into an
appropriate commercial zone based on their function and location.Residential
Commercial (C7)zone has been re-categorized as Residential Commercial (C6)zone,
however the uses of the zone will remain unchanged.Community Commercial (C8),
Campus Commercial (C9)is proposed to be reclassified into an appropriate Major
Retail or new Community Commercial zone.Finally,Special Commercial Exception
(C10)Zone is proposed to be reclassified into the Neighbourhood Commercial Zone.
Permitted Uses will be adjusted where appropriate to reflect permitted uses identified in
the Official Plan.Additional uses may be added or deleted to appropriate parent zones.
Existing Building and Siting Specifications will be largely maintained in the new Zoning
By-law.In the formation of new parent zones,existing exception zones may be
harmonized into the new parent zoning category.
Status update:No update required
Employment Zones:
The proposed zoning structure for the remaining Industrial and Business Park zones will
reflect the land use designation outlined in “Schedule A”of the Official Plan.The
number of Employment parent zones will be reduced from seven (7)parent zones to
three (3)parent zones.The proposed zoning structure for Employment Zones is as
follows:
Current Zone
Categorization
Proposed Zone
Categorization
Performance Standards
M1
Restricted
Industrial
E1
Service
Employment
Light industrial,office,service or support related uses
No technical changes
Official Plan conformity exercise
M2
General
Industrial
E2
General
Employment
Heavy industrial,office or manufacturing related uses
No technical changes
Official Plan conformity exercise
M3
Industrial
Service
E1 or E2 Zone is previously derived from the M1 zone.
Zone to be categorized into appropriate E1 or E2
zone.
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M4
Prestige
Industrial
E-BP
Business Park
Zone category no longer exists within the Town
Zone to be categorized into appropriate Business
Park exception zone.
M5
Restricted
Industrial
Specific
E1 or I Zone is previously derived from the M1 zone.
Zone to be categorized into appropriate E1 or I
zone.
M6
General
Industrial
Specific
E-BP
Business Park
Heavy industrial,office and other related uses
Zone to be categorized into appropriate Business
Park exception zone
BP
Business Park
E-BP
Business Park
Lands designated Business Park within OPA 30 and
specific employment lands where appropriate
No technical changes
The proposed zoning for the existing industrial zones Restricted Industrial (M1)and
General Industrial (M2)will be updated to conform to the Official Plan.These
employment zones will be renamed Service Employment and General Employment
respectively.Lands within the Industrial Service (M3)zone are proposed to be
reclassified to Service Employment or General Employment where appropriate.Prestige
Industrial (M4)and General Industrial Specific (M6)zones are proposed to be
reclassified to an appropriate Business Park exception zone as these employment
zones mirror the permitted uses within existing Business Park zones.Lands within the
Restricted Industrial Specific (M5)zone are proposed to be reclassified into an
appropriate Employment or Institutional zone.Lands currently zoned as Business Park
(BP)is proposed to maintain existing permitted uses and zoning provisions.Definitions
for the Business Park will be incorporated into town-wide definitions where appropriate.
Permitted Uses within each of the zones will be adjusted to reflect the policies and
permitted uses identified in the Official Plan.Existing lands zoned Business Park will
retain existing Business Park zoning standards and permitted uses.
Status update:Employment zoned lands will not be included within the
Promenade overlay zone.
Open Space and Environmental Protection Zones:
The Comprehensive Zoning By-law Review proposes to re-categorize Open Space
zones into clearly defined categories.The proposed categories are Public Open Space
(O1)and Private Open Space (O2)zones.
Existing Environmental Protection Zoning is reflected from floodplain delineation in the
mid-1990s.Environmental Protection lands will be adjusted to reflect existing
Regulation Limits and Flood Lands as provided in digital mapping,from the Lake
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Simcoe Region Conservation Authority and the Toronto Region and Area Conservation
Authority.In this regard,circumstances will exist where lands currently zoned
Environmental Protection due to out of date mapping will be amended to the appropriate
residential,commercial,or employment zoning.Conversely,lands zoned residential,
commercial,employment,institutional or open space that are subject to flood hazard
regulation will now have a floodplain overlay zone “(F)”which references the property
and any future development applications will be directed to the appropriate
Conservation Authority for applicable regulatory permits.
Status update:Evaluation of the proposed floodplain overlay zone by Town Staff
in consultation with the LSRCA,will now include lands included within the
floodplain and lands within a meanderbelt feature.Both features have been
identified as controlled areas under the Lake Simcoe Protection Plan by the
LSRCA.As shown in Figure 4,the overlay zone does not contain lands within the
protected Natural Core Area,Natural Linkage Area or Countryside Area of the
Oak Ridges Moraine,as existing ORM schedules continue to apply over this
portion of the Town.The floodplain overlay zone will now be known as a natural
hazard “(NH)”overlay zone.
Institutional Zones:
Institutional zoning outside of the Aurora Promenade will remain largely unchanged.
The Comprehensive Zoning By-law Review will consolidate existing Institutional
exception zones where appropriate.
Status update:No update required.
Rural General Zones:
Lands currently zoned Rural General will remain largely unchanged.Several Rural
General Exception zones are no longer in force and are proposed to be removed from
the By-law.Lands located on the south side of Wellington Street East,east of Bayview
Avenue (Magna Employment Lands)are currently in a Rural General Exception zone
but are used for Business Park purposes.Staff will evaluate the most suitable zoning
category for the lands.
Status update:No update required.
Oak Ridges Moraine Zones:
The current provisions and permitted uses of the Oak Ridges Moraine Conservation
Plan Area (By-Law 4469-03)will be maintained to stay in conformity with the Oak
Ridges Moraine Conservation Act (2001)and the Greenbelt Act (2005).Definitions
specific to the current Oak Ridges Moraine section of the By-law will also be
maintained.Existing mapping for Key Natural Heritage features,Aquifer Vulnerability
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Areas,Wellhead Protection Areas and Landform Conservation Areas will be
maintained.
Status update:No update required.
Holding Zones:
Several isolated residential parcels within the Town continue to have a Holding zone
placed on the lands.Holding (H)zones will be re-zoned to an appropriate residential
zoning where appropriate.
Status update:No update required.
Exception Zones:
Exception zones as approved by Council are important to maintaining Council direction
to site specific provisions of the Zoning By-law.The current structure of By-law 2213-78
places Exception zones within the associated appropriate parent zone.This structure is
cumbersome to administer and will be amended to eliminate multiple lists of exception
provisions within each zone categorization.
The goal of the Comprehensive Zoning By-law Review is to categorize all Exception
zones in a separate category for ease of reference and administration.All Exception
zones will be placed under a specific sub-heading at the end of the By-law and re-
numbered based upon the time of passing of each Exception zone.The result would
allow staff to better administrate for all exception zones in the Town.
Status update:No update required.The Exception section of the By-law is a
technical exercise and largely dependent on the provisions and standards of the
present zone categories.As such,the list of exception zones will not be finalized
until later in the review process and have not been provided in the first draft of
the Zoning By-law.
Mapping:
Accurate mapping is crucial to having a Zoning By-law that is understandable and
administratively efficient.Current mapping technologies will allow greater accuracy in
the new zoning By-law.Changes to mapping will occur almost exclusively within the
Aurora Zoning Map (Schedule “A”)of the Zoning By-law.Key Natural Heritage Features
&Hydrologically Sensitive Features (Schedule “B”),Aquifer Vulnerability Areas
(Schedule “C”),Wellhead Protection Areas (Schedule “D”)and Landform Conservation
Areas (Schedule “E”)will not be changed beyond the corresponding Schedule “A”
overlay.Changes to zoning boundaries will be identified and corrected through
appropriate residential,commercial,employment,institutional and open space mapping
review.
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Revised mapping has been included within this report for illustration purposes.The
following figures include updated mapping based upon staff review.Changes to
mapping include the creation of a Natural Hazard Overlay Zone and the structure of the
Promenade Overlay Zone.
Figure 1-Existing Residential Zones identify detached,semi-detached,townhouse
and apartment residential uses in the Town.
Figure 2-Existing Commercial and Industrial Zones within the Town,including lands
identifies as Business Park and Rural General Exception Zones (Magna Industrial
Lands).
Figure 3-Existing Open Space,Environmental Protection and protected Oak Ridges
Moraine Zones.
Figure 4-Proposed Natural Hazard Overlay Map-Draft Schedule “B”-Staff has
prepared a preliminary Natural Hazard Overlay Map which encompasses the latest
floodplain and meanderbelt features provided by the Lake Simcoe Region
Conservation Authority.Any proposed development located within a floodplain or
regulation limit requires consultation with the appropriate Conservation Authority.
Figure 5-Schedule “B1”of the Official Plan identifies the land use designation for the
Aurora Promenade.Proposed Zoning of lands within the Aurora Promenade will
reflect this land use designation structure.
Figure 6 A &6B-A sample series of existing and proposed zoning maps for Aurora
Promenade lands.
Status update:Mapping for the Comprehensive Zoning By-law Review is under
review by Staff.A draft Schedule B has been prepared for review.Schedule B
identifies the Natural Hazard Overlay Zones which are described in Section 6 of
the proposed By-law.Promenade mapping is being finalized and will be
provided in a future By-law draft edition.
Administration and Enforcement:
Administration and Enforcement sections of the By-law are critical to the implementation
of zoning provisions within the By-law.Enforcement standards will be updated to current
policies as outlined in the Planning Act and the Municipal Act.
The Administration Section of the By-law is currently located near the end of the By-law
(Section 40).The Administration Section will be moved to the beginning of the new By-
law,clearly stating remedies and validity to all sections of the By-law and providing
reference to penalties to the Zoning By-law.
Status update:No update required.
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Minor Variances:
Minor Variances to the By-law are granted by the Town’s Committee of Adjustment as a
change to a property which does not precisely conform to the provisions of the Zoning
By-law.Applicants often apply for a Minor Variance to request minor alterations such as
a yard encroachment,lot coverage,deck enlargement,driveway widening,or building
height.
Properties which had a minor variance approved under By-law 2213-78 will continue to
exist as a legal non-conforming status.For recently approved minor variances,staff is
proposing a sunset clause to be included in the By-law to allow the applicant a window
of time to construct or bring into effect the approved variance.
Status update:No update required.
Public Comment:
Planning and Development Services received input from the public and internal
departments since 2011 for the Comprehensive Zoning By-law Review.Comments at
the February 26,2014 Public Planning meeting were provided by stakeholders and
members of the public.Since the Public Planning Meeting,additional comments have
been received regarding definitions,general provisions and specific properties within
the Town.Comments have been received by stakeholders including,but not limited to:
Infrastructure Ontario,Bell Canada,Ontario Restaurant Hotel and Motel Association
and specific home owners within the Town of Aurora.Comments received from the
public will be addressed in the technical review and included in a comprehensive report
at a future General Committee Meeting.
LINK TO STRATEGIC PLAN
While the Zoning By-law review process supports all of the Goals and Objectives of the
Town’s Strategic Plan in some fashion,the most relevant goals are:Supporting an
exceptional quality of life for all and enabling a diverse,creative and resilient
economy.The relevant supporting objectives include:Strengthening the fabric of
our community and promoting economic opportunities that facilitate the growth
of Aurora as a desirable place to do business.
As previously mentioned,the new Zoning By-law will implement the Town’s new Official
Plan.The Official Plan contains an entire chapter devoted to the “Aurora Promenade”
planning area which runs along Yonge and Wellington Streets.One of the primary
goals of planning for the “Aurora Promenade”is to strengthen the downtown by putting
into place policies which further protect the Town’s heritage resources and promote
appropriate and compatible redevelopment for the urban corridors.It is for these
reasons that the key action item of the Strategic Plan to actively promote and support
a plan to revitalize the downtown is realized.
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ALTERNATIVE(S)TO THE RECOMMENDATIONS
1.Council has the option to direct changes to the proposed Comprehensive Zoning
By-law.
2.Schedule additional Public Planning Meetings.
FINANCIAL IMPLICATIONS
Council allocated funding of $120,000 for the Zoning By-law Review in the 2010 and
2011 Budget (Capital Project No.81004).These funds are sufficient to complete the
Comprehensive Zoning By-law Review.
PREVIOUS REPORTS
1.General Committee Planning Report No.PL12-053,Comprehensive Zoning By-
law Review,dated,November 6,2012;and
2.General Committee Planning Report No.PL13-051,Comprehensive Zoning By-
law Review,dated,October 15,2013.
3.Public Planning Meeting Report No.PL14-012,Comprehensive Zoning By-law
Review,dated,February 26,2014.
4.General Committee Planning Report No.PL15-002,Comprehensive Zoning By-
law Review-Status Update,dated,January 13,2015.
CONCLUSIONS
Planning &Development Services are in the process of the Town’s Zoning By-law
review which will ultimately result in the enactment of a new Zoning By-law for the
Town.The goals of the review are to implement the new Official Plan,replace the
current dated By-law,resolve any known issues with the current By-law,to reduce the
number of site specific zones and establish more progressive and up to date By-law
standards.The Comprehensive Zoning By-law Review will mark the first time the Town
will have a new By-law since 1978.Public consultation and input into this process will
occur through the statutory Public Meeting and will continue to occur throughout the
process.
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WELLINGTON ST REET E AST
VANDORF SIDEROAD
Hollandview Tr
nald Dr
Poplar Crt
Monkman
Closs Sq
Mark St
Mary St
Cousins Dr E
Mosley St
Church St
Cousins Dr
Kennedy St E
Connaught Ave
Harrison Ave
Metcalfe St
Hill Dr
Orchard Heights Blvd
Devins Dr
Kemano Rd
es
Dr
Reuben St
Hillview Rd
Dodie St
Tyler St
Edward St
Fairway Dr
Glenview Dr
ett Cres
Royal Rd
Henry Dr
Collins Cres
Masters Row
St W
Murray Dr
Industrial Pkwy S
Centre St Centre St
AURORA PROMENADE &SCHEDULE B1
Map created by the Town of Aurora Planning &Development Services Department;March 26,2015.Base data provided by York Region and Town of Aurora.
0 150 300
Metres
Downtown Shoulder
Downtown
Promenade Focus Area
Promenade General
Promenade General
Upper Downtown
FIGURE 5
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EXISTING ZONING PROMENADE
Current Zoning
Map created by the Town of Aurora Planning &Development Services Department,March 26,2015.Base and Statistical data provided by York
Region,M PAC &the Town of Aurora.
FIGURE 6A
Wellington Street East
C2
I
C2-18
C2-3
C2
C2C2-20
C2
C2-19
C2
C2-5
R6-51
C2-1C2 C2-8
0 10 20 30 40 50
Meters
Parcels
Sample Area
Existing Zoning
C2 Central Commercial
C2-3 Central Commercial Exception Zone
C2-5 Central Commercial Exception Zone
C2-9 Central Commercial Exception Zone
C2-18 Central Commercial Exception Zone
C2-18 Central Commercial Exception Zone
C2-20 Central Commercial Exception Zone
R5 Special Mixed Density Residential Zone
R5 Special Mixed Density Residential Zone
R5-17 Special Mixed Density Residential Exception Zone
R6-51 Row Dwelling Residential Exception Zone
R5
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Map created by the Town of Aurora Planning &Development
Services Department,March 26,2015.Base and Statistical
data provided by York Region,MPAC &the Town of Aurora.
FIGURE 6B
R7
C2
I
C2-UD(XX)
C2
C2-UD(XX)
C2-UD(XX)
C2
C2-UD(XX)
C2(XX)
C2-1
C2-PDS(XX)
C2-8C2
C2-UD
C2-UD(XX)
Wellington Street East
0 10 20 30 40
Meters
Parcels
PROPOSED ZONING PROMENADE SAMPLE AREA
Promenade Boundary
Sample Area
Proposed Zoning
Revised Zoning Proposed Changes
C2-UD Commercial-Upper Downtown Zone Split Zone-Update Permitted Uses and Performance standards,consistent with
Aurora Promenade Plan-Upper Downtown Area
C2-UD(XX)Commercial-Upper Downtown Exception Zone Review existing Permitted Uses and add Permitted Uses and Performance
standards,consistent with Aurora Promenade Plan-Upper Downtown Area
C2-UD(XX)Commercial-Upper Downtown Exception Zone Review existing Permitted Uses and add Permitted Uses and Performance
standards,consistent with Aurora Promenade Plan-Upper Downtown Area
C2-PDS(XX)Commercial-Downtown Shoulder Exception Zone
Split Zone-Review existing Permitted Uses and add Permitted Uses and
Performance standards,consistent with Aurora Promenade Plan-Downtown
Shoulder Area
C2-UD(XX)Commercial-Upper Downtown Exception Zone Review existing Permitted Uses and add Permitted Uses and Performance
standards,consistent with Aurora Promenade Plan-Upper Downtown Area
R7 Special Mixed Density Residential Zone R7 provisions under review,revised performance standards
R7-PDS Residential-Downtown Shoulder Zone
Possible Split Zone-Review existing Permitted Uses and add Permitted Uses
and Performance standards,consistent with Aurora Promenade Plan-Downtown
Shoulder Area
R7-PDS(XX)Residential-Downtown Shoulder Exception Zone Review existing Permitted Uses and add Permitted Uses and Performance
standards,consistent with Aurora Promenade Plan-Downtown Shoulder Area
R8(XX)Townhouse Residential Exception Zone Re-categorized to new zoning classification,revised performance standards
2-U
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TOWN OF AURORA
PUBLIC PLANNING REPORT No.PL15-028
SUBJECT:Interim Control &Proposed Zoning By-law
Medical Marihuana Production Facilities (MMPFs)Study
File No.ZBA-2014-02
FROM:Marco Ramunno,Director of Planning &Development Services
DATE:April 8,2015
RECOMMENDATIONS
THAT Report No.PL15-028 be received;and
THAT staff be directed to draft an implementing Zoning By-law amendment
pertaining to Medical Marihuana Production Facilities (MMPFs)for review and
discussion at an upcoming General Committee Meeting.
PURPOSE OF THE REPORT
The purpose of this report is to present to Council and the public the findings of the
Town’s Medical Marihuana Production Facilities (MMPFs)study and to fulfill the Town’s
Statutory Public Planning Meeting requirements under the Planning Act.
BACKGROUND
History of Interim Control By-law No.5626-14
Council passed ICBL No.5626-14 to prohibit the use of Employment Lands for MMPFs
on May 27,2014 for a period of one year.This was in response to a request from a
licensed medical marihuana producer inquiring as to whether MMPFs were permitted on
a specific property that is zoned for industrial uses on employment lands.The response
from Town staff was that MMPFs are not listed as a permitted use and that the Town
intends to complete a study to determine the appropriate location and zoning for such a
use.
History of the Marihuana for Medical Purposes Regulations (MMPR)
In response to a court case that required reasonable access to a legal source of
marihuana when authorized by a physician,the federal government introduced the
“Marihuana Medical Access Program”and the “Marihuana Medical Access Regulations”
which allowed individuals to produce medical marihuana in their homes in 2001.
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Under these original regulations,qualified individuals were licensed to grow marihuana
in their homes or purchase it from Health Canada for medical purposes.Concern was
expressed by various stakeholders including police,fire officials,and municipalities
regarding public health,safety and security.
As a result of enormous growth in the program (less than 100 authorized users at the
start of the program to almost 40,000 currently),the regulations were recently revised
and renamed “Marihuana for Medical Purposes Regulations”(MMPR).These new
regulations came into force on April 1,2014.Under these new regulation s,licenses to
produce marihuana are only given to commercial producers,and include permission to
grow marihuana plants as well as permission for the processing,selling,and shipping of
marihuana.The new regulations allow health care practitioners to sign a document
enabling patients to purchase marihuana from licensed producers.Health Canada
licenses the commercial producers,who are required to comply with regulations
regarding product quality,personnel,record-keeping,safety,security,disposal,and
reporting.
COMMENTS
Best Practices
The location of MMPFs in industrial zones has been a challenge for numerous
municipalities since the new regulations came into effect.Several municipalities have
passed zoning by-law amendments to regulate MMPFs by restricting them to certain
zones and requiring appropriate setbacks to residential zones or sensitive uses.
Attachment 1 provides a summary of the approach used in a number of municipalities to
plan for MMPFs.
Within York Region
Within York Region,The Towns of Newmarket and East Gwillimbury are also studying
MMPFs.Newmarket intends on bringing a zoning by-law to Council in the future.
Furthermore,Richmond Hill has already passed a by-law to regulate MMPFs which
contain the following provisions:
MMPFs are only permitted in industrial zones;
MMPFs are not permitted on lots that abut an arterial road;
MMPFs are required to have a minimum distance separation of 70 metres (229.6
feet)from any sensitive land use (dwelling units,long term care facilities,public
schools,private schools,day nurseries,community centres,parks,places of
worship and hospitals);
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a lot containing an MMPF is not permitted to be used for any other purpose;
on-site retail is prohibited;
all activities associated with the MMPF are required to be carried out in a wholly
enclosed building;
outdoor storage is prohibited;and
loading spaces are required to be located in a wholly enclosed building.
The City of Markham is currently undergoing a comprehensive zoning by-law review
and will examine if any special provisions,such as distance separations,are necessary
as they relate to MMPFs.Currently Markham interprets MMPFs as a commercial
manufacturing facility and permits them in their industrial areas/zones.
Other Ontario Municipalities
Through this study,staff found that all municipalities which have zoning by-laws
specifically regulating MMPFs also regulate their distance to residential and other
sensitive uses.Typically municipalities use a distance separation of either 70 metres
(229.6 feet)or 150 metres (492 feet).The 70 metre distance separation is consistent
with the MOE Guidelines for Separation between Industrial and Sensitive Land Uses.
The industry representatives who were consulted through this study recommended a
distance separation of 150 metres;in order to mitigate against any potential odor
emissions.
Furthermore,staff also found that MMPFs are typically only permitted in
rural/agricultural zones and industrial zones.Other zoning provisions used to regulate
MMPFs include those listed above being used by Richmond Hill,as well as the
prohibition of retail uses,advertising type signage and minimum distance separation
between MMPFs.
Security Requirements
One of the primary concerns regarding medical marihuana production is security.The
MMPR introduced stringent security measures which were not required under the old
regulations.Under these new regulations,the perimeter of a MMPF site must be
visually monitored at all times by visual recording devices.Furthermore,the perimeter
of the site must also be secured by an intrusion detection system that operates and is
monitored at all times.If any occurrence is detected,the personnel must make a record
of the date,time of the occurrence and the measures taken in response to it;including
the date and time when they were taken.
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There are also stringent regulations with respect to access.The MMPF site must be
designed in a manner that prevents unauthorized access.Access to each area where
cannabis is present must be restricted to persons whose presence is required by their
work responsibilities.A responsible person in charge or their alternate must be
physically present while other persons are in the areas where cannabis is present.A
record must also be made of the identity of every person entering or exiting those areas.
Air Filtration
The new regulations also contain provisions with respect to air filtration,and requires
MMPFs to be equipped with a system that filters air to prevent the escape of odours;
and if present,pollen or other particles.
License requirements relevant to local municipalities
In addition to the above noted security and filtration requirements,there are other
MMPR licence requirements which are relevant to local municipalities.The applicant
must now make a declaration in writing verifying that they have provided notice to local
authorities (municipality,police and fire department)of the application and location of
where the applicant proposes to locate the MMPF.Furthermore,any production must
be indoors and not in a private dwelling;however production can occur in a greenhouse
provided the required security measures are in place.Finally,retail is not permitted as
part of any licensed operation;product is required to be shipped through secured
shipping methods only.
Proposed Implementing Zoning By-law
Although an implementing zoning by-law has not yet been drafted,some of the
provisions which staff intend to include are:
MMPFs will be only be permitted in the business park area located along the
Highway 404 corridor;
150 metre (492 foot)distance separation between MMPFs;
150 metre (492 foot)distance separation to a sensitive land use;
a lot containing an MMPF is not permitted to be used for any other purpose;
on-site retail is prohibited;
all activities are required to be carried out in a wholly enclosed building;
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outdoor storage is prohibited;and
advertising is prohibited.
The above zoning provisions are based on best practices as described in this report.
With the application of the 150 metre (492 foot)distance separation to sensitive land
uses,the only viable location for MMPFs within an employment area is the business
park located between Leslie Street and Highway 404.The exception to this is the
Industrial Parkway South and Engelhard Drive area.However,staff are recommending
the business park area located along the Highway 404 corridor for MMPFs due to its
location and because it is a greenfield development area.
LINK TO STRATEGIC PLAN
Assuring the appropriate location for MMPFs will support the Strategic Plan goal of
supporting an exceptional quality of life for all.
ALTERNATIVE(S)TO THE RECOMMENDATIONS
1.Council can direct staff to implement the regulation of MMPFs through the new
zoning by-law consolidation process.If council chooses this option,they may
wish to extend the ICBL to ensure protection against private zoning by-law
amendment applications.
2.Council can also direct staff to report back to a future public planning meeting
identifying how any unresolved issues have been addressed.
FINANCIAL IMPLICATIONS
Not applicable;the MMPFs study is being conducted by Town staff.
PREVIOUS REPORTS
Report No.PL14-040 dated May 27,2014.
CONCLUSIONS
Council passed Interim Control By-law No.5626-14 to prohibit the use of Employment
Lands for MMPFs on May 27,2014.This was in response to a request from a licensed
medical marihuana producer inquiring as to whether MMPFs were permitted on a
specific property that is zoned for industrial uses.Since that time,staff have been
studying MMPFs,including best practices being used by other municipalities,so that
they can be properly regulated through the Town’s zoning by-law.
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