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MINUTES - Special Council - 19840223MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE BOARD ROOM AT THE YORK REGION BOARD OF EDUCATION, THURSDAY, FEBRUARY 23rd, 1984 AT 7:30 P.M. Present Were: Mayor Illingworth and Councillors Richard Barker, Evelyn Buck, Tim Jones, Len Ostick, Martin Paivio, Earl Stewart, Norm Stewart and John West (7:50 p.m.). Also in attendance were Clerk-Administrator K.B. Rodger, Deputy Clerk C.E. Gowan and Regional Planners. Seibert. Mayor Illingworth advised those present that this meeting has been called as a Public Meeting with respect to the introduction of By-Laws amending the Zoning By-Law for Granada Investments (Tennis Courts), Miladinov (Temperance Street), Ralph (Yonge Street South), Revlis, Granada Investments (Apartment Buildings). Clerk-Administrator K.B. Rodger advised that Notices of the Meeting were mailed on January 18th, 1984, by first class mail, to addresses within 120 metres of the areas, as shown on the last revised Assessment Roll of the Town of Aurora, to which the By-Laws would apply and further, the necessary signs were posted on the various properties in accordance with the rules of procedure under The Planning Act (1983). Mayor Illingworth advised that any persons who wished further notice of the passage of any of the By-Laws under consideration should sign the forms available before they leave this meeting. Mayor Illingworth requested PlannerS. Seibert to outline Application Number Z-07-84 (Granada Investments -Tennis Courts) Proposal (Granada Investments -Tennis Courts) The applicant proposed to rezone the subject lands from "R2 -Detached Dwelling Second Density Residential" to "0 -Major Open Space" to permit the construction of an additional Tennis Court on the subject property and to construct a building over those courts and the existing tennis courts to the west thereby replacing the existing inflated cover. Official Plan The subject property is designated "Urban Residential" by the Official Plan of the Aurora Planning Area. "The "Urban Residential" classification of land means that the predominant use of the land shall be for low, medium and high density residential uses. In addition, uses that are complementary to, or serve the basic residential uses, and local commercial uses, shall also be permitted by specific zoning by-law amendments." Comment The subject site is adjacent to the existing golf course club house and tennis courts which are zoned "Mayor Open Space". The property on which the existing tennis courts are located has been the subject of a number of applications. The most recent was a plan of subdivision which placed the Brookland Court frontage of the property in a Residential category allowing for a 6 lot subdivision and the remainder of the property was zoned "Open Space" to reflect existing uses (tennis courts) and the floodplain area. Objections were received to that By-Law and as a result a subsequent By-Law was passed restricting the use of the "Open Space" area to landscaping. This zoning would not permit the construction of the tennis court building over the existing courts proposed by the applicant. It may, however, resolve concerns previously raised by the residents to the west in respect to noise from the pump and heaters which operate the inflated courts. The owner has also indicated that under the present proposal, the tennis courts would be constructed at a lower level and hence the building would be lower than the current bubble. A written objection has been received from an adjacent property owner concerning the application. SPECIAL COUNCIL MEETING ••• THURSDAY, FEBRUARY 23rd, 1984 - 2 - Proposal (Granada Investments -Tennis Courts) (continued) Agency Comments South Lake Simcoe Conservation Authority -No Objection. Ministry of Transportation and Communications -No Objection. York Region Board of Education -No Objection. The Regional Municipality of York-No Concerns. Concerns Expressed by Residents -Design of proposed building over tennis courts. -Coverage of land. . -Greater detail of plans and construction materials should be supplied for residents' information. Buck: E. Stewart: Resolved that this proposed Amendment to By-Law Number 2213-78 (Granada -Tennis Courts -Z-07-84) be referred to the Planning Committee for a report. CARRIED Mayor Illingworth requested Mrs. s. Seibert, Planner, to outline Application Number 7-08-84 (Miladinov -Temperance Street): Proposal (Miladinov -Temperance Street) The applicant proposes to amend By-Law 2213-78 to permit the existing building on the subject lands to be used for commercial purposes. The property is presently zoned "EP -Environmental Protection" which limits the permitted uses as follows: agriculture, athletic fields, conservation, forestry, horticultural nurseries, golf courses, parks, public and private and wildlife areas. The applicant has indicated that on a number of occasions he has attempted to lease or sell the existing building but has been unable to since the By-Law makes no provision for suitable uses within the existing building. He, therefore, requests that the existing building be zoned in such a way that it can be used for "Commercial" purposes. Official Plan The subject property is currently designated for "Commercial" land uses in the Official Plan of the Aurora Planning Area. That category is overlain by the Environmental Protection Area, although since it is within the Central Business District, "Special Development Policies" concerning the Environmental Protection Area apply. Comment The applicant does not wish to make any alterations in terms of extensions, etc., to the existing building but wants to be able to use it commercially. Over a number of years the property has been used in a generally industrial type of development. Under the present By-Law the property has a legal non-conforming status which would permit the building and property to be used as it was at the date of passing of By-Law 2213-78. Since the applicant now wishes to use this property for commercial uses the legal non-conforming status does not apply. Since land uses surrounding are commercial and residential there appears to be merit in permitting commercial uses on the land. SPECIAL COUNCIL MEETING ••• THURSDAY, FEBRUARY 23rd, 1984 - 3 - Proposal (Miladinov -Temperance Street) (continued) Comment (continued) The South Lake Simcoe Conservation Authority has reviewed the application and indicated verbally that an amendment of this nature could be supported provided certain use controls etc., are included in the amending by-Law. It is suggested that the advice of the South Lake Simcoe Conservation Authority and the Central Region of the Ministry of Natural Resources be sought in the drafting of any amending by-law to ensure compliance with the requirements of those agencies. These sorts of problems have arisen in the administration of the zoning by-law from time to time relating to the "EP -Environmental Protection" zone. While the policy of Council as outlined in the Official Plan is clear that Council's intention is that the floodplain areas not be developed, a clearer pol icy relating to existing uses and fringe areas of the floodplain would be useful. It is suggested that means of alleviating these problems should be investigated with the Conservation Authority and a report on the issue be brought back to Council through the Planning Committee. Agency Comments York Region Board of Education -No Objection. Ministry of Transportation and Communications -No Objection. The Regional Municipality of York-See attached. South Lake Simcoe Conservation Authority -See attached. Concerns Expressed by Residents -Effluent that would be discharging into stream. -Traffic congestion. -Parking problems. -Resident -Mrs. Milerkchte supports proposed By-Law. West: Buck: Resolved that this proposed Amendment to By-Law Number 2213-78 (Mil adinov -Temperance Street) be referred to Planning Committee for a report. CARRIED Mayor Illingworth requested the Planner to outline Application Number Z-10-84 (Ralph-Old Arena Site): Proposal (Ralph) The applicant has requested that the zoning applying to the subject lands be amended from "EP -Environmental Protection" to "C2 -Central Commercial Exception" to permit the development of a mixed commercial and residential development consisting of 5,200 square feet of commercial floor area on the ground floor and 8 apartment units on the second floor. Current Official Plan The subject lands are designated "Commercial" in Official Plan of the Aurora Planning Area. The Official Plan provides for residential uses above commercial uses in the general commercial area which are primarily located in the Central Business Area. The Central Business Area is centered along Yonge Street and runs approximately from Irwin Avenue to Reuben Street. This property is roughly opposite Reuben Street and appears to then be within the Central Business District. The "Commercial" designation is over lain by the Environmental Protection Area which is the floodplain. The Official Plan contains "Special Development Policies" which set criteria for dealing with applications for development within that part of the Environmental Protection Area within the Central Business District. The applicant has worked with the Conservation Authority on this proposal and approval has been received from that agency. fe'oM," ·~· SPECIAL COUNCIL MEETING ••• THURSDAY, FEBRUARY 23rd, 1984 - 4 - Proposal (Ralph) (continued) Comment This site which has been vacant for many years is largely within the floodplain. A number of proposals have been made for the property although many have been unacceptable to the South Lake Simcoe Conservation Authority. In 1980 new floodplain mapping was prepared for the Conservation Authority which places a greater amount of the property out of the floodplain. The present proposal apparently meets with Conservation Authority requirements. It is in keeping with existing Official Plan policies for the downtown area in that it does not provide for parking in the front yard. At its meeting of December 5, 1983, Council had before it a recommendation from the Commercial Development Advisory Committee respecting the Development of the Waterworks and Adjacent Properties prepared by the Local Architectural Conservation Advisory Committee. That report recommended preparation of a study concerning the waterworks a rea. The Committee recommended adoption of the recommendations of the report. Council referred the item to the 1984 Budget deliberations which to date are not complete. Agency Comments South Lake Simcoe Conservation Authority -No Objection. Ministry of Transportation and Communications -No Objection. York Region Board of Education -No Objection. The Regional Municipality of York -No Concerns. Regional levy of $3,280.00 (8 units @ $410.00) due prior to By-Law coming into effect. Concerns Expressed by Residents -Would there be sufficient parking places. Proposal premature --should be discussed in conjunction of whole area. -Park dedication--walkway needed. Jones: West: Buck: Paivio: Resolved that as the storm sewer and sanitary sewer would have to be upgraded on the property and Council may be required to share in the cost of upgrading same, this matter be referred to Budget deliberations. CARRIED Resolved that the Planning Committee be authorized to meet with Mr. Ralph for further discussions on this proposal. CARRIED Mayor Illingworth requested Mrs. S. Seibert to outline the proposed amendment Application Number Z-10-84 (Revlis): Proposal (Revlis) The applicant proposes to amend By-Law 2213-78 from H -Holding to Residential, Major Open Space and Industrial, to permit the development of a plan of subdivision which has been draft approved. The subdivision which has been draft approved contains a total of 221 lots the frontage of which follows: 10.67 m (35ft.) frontage-67 lots 12.19 m (40 ft.) frontage-70 lots 13.72 m (45ft.) frontage-1 lots 15.24 m (50 ft.) frontage-83 lots SPECIAL COUNCIL MEETING ••• THURSDAY, FEBRUARY 23rd, 1984 - 5 - Proposal (Revl is) (continued) A small neighbourhood park is proposed to serve the subdivision itself. Playing fields are available in the Craddock Park. The applicant also proposes to convey floodplain lands adjacent to the extension of the Industrial Parkway to the municipality. These lands will form part of the Holland River Valley Park. In addition to the Residential part of the site, an area is proposed east of the railway tracks which will form an extension to the Industrial Parkway North. This area contains 9 industrial lots plus the above mentioned park area. These lots average approximately 1.5 acres in size. Official Plan The subject lands are designated urban residential and industrial by the Official Plan of the Aurora Planning Area. Comment This application has been reviewed by government agencies and local boards. In that review it became apparent that a land use conflict between the existing Checkerboard Farms operations and residential uses exists. To overcome this problem the applicant proposes, on Ministry of the Environment recommendation, to have the lots closest to the plant vacant as a buffer zone and to create a landscaped berm at the rear of these lots until such time as the Ministry of the Environment advises that the buffer is no longer required. In addition, central air conditioning will be required for all units within 150 metres (500 ft.) of the plant. A warning clause will be placed on the title of these lots and separate undertaking in the offers of purchase and sale, making potential purchasers aware of the potential problems. An objection respecting the industrial part of the proposal has been received from Bonphydarion Investments Limited. That group is interested in having a road access off of Industrial Parkway North through the applicant's lands (see attached). A second concern has been raised by the owners of lands to the north of the residential part of the site. They request access from Street "A" north. Apparently an application for Official Plan Amendment on the northern properties has been submitted (see attached). A further concern which has only recently come to light is the requirement made by the Canadian National Railway that a minimum 30 metre (100ft.) rear yard be provided adjacent to the railway tracks. The applicant is very marginally able to provide this under the present front yard requirement and in order to provide the option of using one storey houses in this area has requested a 3 metre (10ft.) front yard setback along the railway rather than the normal 6 metre (20ft.) setback requirement. This could pose a problem since the front yard setback normally accommodates car parking in the driveway. The reduced setback could result in cars overhanging the sidewalk which is undesirable. If the sidewalk is located on the other side of the street, the 20 ft. standard may be reduced somewhat. Current sidewalk location in the Markborough plan ~on the west side of Moorecrest. The applicant has also requested a change to the sideyard standards particularly as they apply to the 35ft. lots. The normal requirement is 1.5 metres (5 ft.) each side for a two-storey building. The applicant requests that the standard which is established for the Three Seasons subdivision which is 1.5 metres (5 ft.) on one side of a two storey building and 1.2 metres (4ft.) on one side of a one (1) storey building with 0.6 metres (2ft.) on the other side with a minimum distance between any two buildings of 1.8 metres (6ft.) be applied to entire subdivision. '-~··-' ·-~-' SPECIAL COUNCIL MEETING ••• THURSDAY, FEBRUARY 23rd, 1984 -6 - Agency Comments South Lake Simcoe Conservation Authority -No Objection. Ministry of Transportation and Communications -No Objection. York Region Board of Education -No Objection. Concerns Expressed by Residents -Density of property. -Parkland dedication area. -Need school site. -Buffer zone --who will do maintenance on same. -Landowners to east and north --road access to their property. -C.N. Railway requirements. Jones: Paivio: Resolved that the proposed Amendment to By-Law 2213-78 (Revlis- Z-10-84) be referred to the Planning Committee for report. CARRIED Mayor Illingworth requested the Planner to outline the Application Number Z-06-84 (Granada Investments -Apartment Buildings): Proposal (Granada Investments -Apartment Buildings) The applicant proposes to amend By-Law 2213-78 from "C3 -Service Commercial Urban" and "0 -Major Open Space" to "RA3 -Third Density Apartment Residential and Commercial" to allow the construction of four apartment buildings containing 208 residential units and approximately 310 square metres (3,350 square feet) of commercial floor area. Site Statistics: Lot Area Number of Suites Number of Buildings Height of Buildings Car Parking Total Outdoor Parking Total Underground Parking Proposed Yards: Front North Side South Side Rear 4.917 acres 208 4 Yonge Street Immediately west Farthest west Golf Links Apartments Commercial Golf Club Parking Total 60 feet 130 feet maximum 37 feet 190 Feet maximum -6 storeys -9 storeys -8 storeys -7 storeys 312 spaces 19 spaces 100 spaces 431 131 300 70 feet minimum 68 feet minimum Five entrances, two from Golf Links Drive, serving the above ground parking, one from Golf Link Drive serving the underground parking area and two from Yonge Street, are proposed. Three additional entrances to the underground garage from the internal drive are also proposed. SPECIAL COUNCIL MEETING ••• THURSDAY, FEBRUARY 23rd, 1984 - 7 - Proposal (.Granada Investments -Apartment Buildings) (continued) Existing Land Uses: Yonge Street frontages Parking Lot Landscaping Official Plan -Real Estate Offices -103 spaces The majority of the site is designated Commercial. The area around the pond developed with the golf course is designated Major Open Space. The Official Plan establishes one category of commercial land use and then sets criteria for the location of the sub-categories of general commercial, highway commercial and shopping centre commercial. The general commercial uses are "those commercial uses which basically serve the Aurora market area and which are primarily located in the Central Business District. The Central Business District is centered along Yonge Street and runs approximately from Irwin Avenue to Reuben Street. The uses permitted may include retail and service uses, hotels, places of entertainment, offices, studios, public and institutional uses". (Section 4.5.b) Residential apartment uses are permitted on second and subsequent storeys in this area. "New development shall be planned as an extension of the existing business area and should not be allowed to infiltrate into the adjoining residential areas. The Central Business District should remain as compact as possible to serve the pedestrian. Council must determine in considering this application if it conforms with these policies--that is, is it in the Central Business District? If Council feels the application has merit but does not conform with the Official Plan, then it is possible to amend the Official Plan to redesignate the site to residential. In that case the application would be judged in relation to its conformity with the policies of Section 4.4.C and Section BB 1 and 3 of the Plan. These policies set a number of standards and locational criteria respecting high density development which deal with traffic concerns, protection of adjoining lower density uses. In addition, a number of location criteria are established. These criteria established in Section 4B(d) of the plan are as follows: "Urban residential development shall be predominantly low density, single family residential. Apartment buildings, row houses, maisonettes and other multiple family accommodation containing ten or more units shall only be permitted: (i) In proximity to the Central Business District, or (ii) In proximity to shopping centres, or (iii) Adjacent to arterial roads, and (iv) Where it is previously established that schools, parks, roads, sewers, and watermains, and other municipal services are adequate, and (v) Where it is previously established that the traffic generated can be safely handled by the road system and diverted away from adjacent local streets. Comment The subject site is zoned C3 a zone which was considered to conform with the Highway Commercial provisions of the Official Plan. The C2 --Central Commercial zone has its most southerly extension at Reuben on the west side and Cousins on the east side. This being Council's previous position respecting the delineation of the Central Business District, it would be consistent with the existing by-law to require an Official Plan Amendment to permit this development. ' L. SPECIAL COUNCIL MEETING ••• THURSDAY, FEBRUARY 23rd, 1984 - 8 - Proposal (Granada Investments -Apartment Buildings) (continued) Comment (continued) In coming to that conclusion, however, it must be noted that the site having Yonge Street frontage, which is largely commercial, does have suitability for more dense forms of development. Probably the more important considerations than the legal ones are the aesthetic considerations. The applicant has attempted to reduce the impact of the proposal upon Yonge Street by reducing the height of that building to six storeys. In so doing however, the higher buildings are located closer to existing detached residential dwellings. The building form, no doubt involving expensive construction techniques, is also an attempt to reduce the impact of the buildings on both the streetscape and the residential area surrounding the proposal. There are, no doubt, other architectural techniques which could be employed to reduce the overall impact of the proposal on both the adjoining residential areas and the streetscape although the developer's desire to construct the development in stages might be more difficult to accommodate. It is, of course, possible for Council to request that the applicant redesign the proposal to a lower rise form of development. Developments embodying both interesting and aesthetically pleasing design elements and good density are possible and have been implemented elsewhere in similar circumstances. It is suggested that if Council choses this route that there be citizen involvement throughout the design process. A number of letters have been received from citizens opposing the application. Agency Comments South Lake Simcoe Conservation Authority -No Objection. York Region Board of Education -No Objection. Ministry of Transportation and Communications -No Objection. Region of York -Planning -see attached. Correspondence Received at Meeting 6-1 Aurora Residents' -Petition re: Aurora Highlands Golf Course Property (Information) 6-2 Alex L. Goerk, Aurora, Ontario re: Public Meeting concerning a Proposed Zoning By-Law Amendment (Granada Investments) (Information) 6-3 Frank and Susan Shaw, Aurora, Ontario re: Proposed By-Law Amendment, Part Lot 78, Cone. 1, WHS (Granada Investments -Z-06-84) (Information) 6-4 A. Garbens, Aurora, Ontario re: Pictures regarding Proposed By-Law Amendment (Granada Investments) (Information) Concerns Expressed by Residents -Incompatible with surrounding area. -Traffic problems. -Blockbusting. -Water problems. -Apatments not shown on original plans for this area. -Density. -Wrong location. -Precedent setting. SPECIAL COUNCIL MEETING ••• THURSDAY, FEBRUARY 23rd, 1984 - 9 - Proposal (Granada Investments -Apartment Buildings) (continued) West: Jones: Resolved that rezoning Application Number Z-06-84 (Granada Investments -Apartment Buildings) be refused. Recorded Vote -Municipal Council of the Town of Aurora -Application Number Z-06-84 (Granada Investments -Apartment Buildings) -February 23rd, 1984 Mayor Illingworth Councillor Barker Councillor Buck Councillor Jones Councillor Ostick Councillor Paivio Councillor E. Stewart Councillor N. Stewart Counc 111 or West CARRIED 8 - 1 Yea X X X X X X X X 8 Nay X -1- Buck: West: Resolved that the Rules of Procedure be waived and Mrs. Sehn be allowed to make a presentation. CARRIED NEW BUSINESS 1. Mrs. Sehn, Keystone Court re: Former Markborough Property Mrs. Sehn, of Keystone Court, outlined to Council the problems she and her neighbours were experiencing with houses now being built on former Markborough property. Mrs. Sehn stated that Mr. A. Bishop of Markborough Properties had given her plans showing only split-level houses would be built behind her property but two (2) storey homes were now in the process of being built. A meeting is to be arranged for Monday, February 27th, 1984 at 9:30 a.m. between Packard Homes, Markborough representatives, concerned residents and Council to discuss this matter. ADJOURNMENT West: Resolved that the meeting be adjourned at 11:40 p.m. Jones: CARRIED --/ Clerk