MINUTES - Special Council - 19850529"'c-;
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MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE BOARD ROOM AT THE
YORK REGION BOARD OF EDUCATION, WEDNESDAY, MAY 29, 1985 AT 7:30P.M.
Present Were: Mayor Illingworth and Councillors Barker, Buck, Jones, Ostick,
Paivio (7:30p.m.), E. Stewart, N. Stewart and West.
Also in attendance were Clerk-Administrator K.B. Rodger, Deputy Clerk C.E. Gowan,
Regional Planner S. Seibert and Chief Building Official R.J. Harrington.
Mayor Illingworth advised those present that this meeting had been called as a
Public Meeting with respect to the introduction of By-Laws amending Zoning By-Laws
for Huntley-Industrial Parkway South, Faulkner -Wellington Street East, Town -
Propane Use, Centre-Wellington Street East, A.B. Cairns-Interior Sideyards and
D.P. Amendment -Aurora South West Secondary Study.
The Deputy Clerk advised that notices of meeting were mailed on April 12, 1985 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
also advertisements were placed on April 24, 1985 in the local paper. 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 the By-laws under consideration should sign the forms available before they
leave the meeting.
Mayor Illingworth requested S. Seibert, to outline Application OP-51-84 (Aurora
South West Secondary Study):
Proposal (Aurora South West Secondary Study):
Planner Seibert outlined to Council what had taken place pertaining to this
proposed D.P. Amendment. Mrs. Seibert advised a public meeting had taken place in
November 1984 wherein concerns were expressed. The matter had been referred to the
Planning Committee and then to another Public Meeting. This meeting is the result
of changes made to the application •
The Planner outlined:
-major changes in Secondary Study recommendations made in response to comments by
adjoining municipalities, region and some residents:
(i) Clarification of and further policy development within the rural corridor
category.
(ii) As a result of a servicing study, it has been determined that parts of
the Residential Planning District cannot be serviced by Municipal
sewers. That area, which is in the southern part of the Residential
Planning District has been designated Surburban Residential. This would
require minimum 1/2 acre lots serviced by municipal water supply.
(iii) Further policies have been added to the urban residential category which
address the issue of steep slopes within the Residential Planning
District.
(iv) The report has been reorganized to clarify its various components in
response to comments made by agencies circulated.
Concerns:
-would like to see open space extended across the railway tracks to the south east
portion of the land.
-suggestion that a designation of "residential hold" be placed on the land.
-culture facilities -are they adequate to cover new residents or will new
facilities have to be built.
Barker:
Jones:
Resolved that this Report be accepted and the D.P. Amendment be
prepared for Council's consideration.
CARRIED
Mayor Illingworth requested Mrs. Seibert to outline Application Z-10-85 (Huntley-
Industrial Parkway South).
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SPECIAL COUNCIL ..• WEDNESDAY, MAY 29, 1985
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Proposal -Application Z-10-85 (Huntley -Industrial Parkway South)
Location
The subject property is located on the east side of Industrial Parkway South, about
midway between Mary Street and Engelhard Drive.
Proposal
The applicant proposes to amend By-Law 2213-78 from M2-General Industrial Zone to
M1-1 Restricted Industrial Service Exception zone in order to provide greater
flexibility in obtaining leases within the existing industrial building on the
site.
The M1-1 Zone permits the following:
-commercial uses incidental to or in combination with manufacturing including
business and professional offices, banks, restaurants.
-recreational facilities including arenas, curling rinks and private clubs,
bowling alleys, swimming pools, banquet facilities, roller skating rink.
-any use permitted in the M1 Zone (This includes all enclosed light manufacturing
and does not permit outside storage).
Official Plan
The subject lands are designated Industrial in the Official Plan of the Aurora
Planning Area.
"The industrial classification of land means that the predominant
use of land in the designated areas shall be for manufacturing,
assembly, fabrication, processing, warehousing and the storage of
goods and materials and extractive industries. The category may
also include limited public, institutional, service commercial and
other similar uses such as banks, restaurants, areas and curling
clubs, deemed to be compatible with and incidental to an
industrial area, subject to an amendment to the zoning by-law."
The M1-1 -Restricted Industrial Exception zone is intended to implement that
policy.
Comment
The existing building on the site is a speculative building comprising 12 units.
Several of the lessees have more than 1 unit.
The applicants have apparently leased or have an opportunity to lease one unit to a
restaurant and another 2 units to office uses.
The subject building is attractive and well landscaped, lending itself to uses
complementary to industrial uses.
The applicant provided additional parking spaces over the (then) required parking.
The requirements have been recalculated on the basis of providing 3 parking spaces
for each unit for the first 100 square metres and 1 parking space for each 50
square metres of the amount in each unit over 100 square metres (By-Law 2730-84).
On the basis of the information currently available, the parking to be provided
would comply with the new requirements.
The current Official Plan provides no locational criteria for the establishment of
such uses, nor the M1-1 zoning, and as a result, the uses tend scattered. Since
the intention of the M1-1 zoning is to provide services to the industrial area, it
is suggested that it would be appropriate to encourage groups of such uses,
adjacent to major roads or at major intersections. The aspects are being examined
in connection with the Official Plan Review.
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SPECIAL COUNCIL ••• WEDNESDAY, MAY 29, 1985
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Proposal -Application Z-10-85 (Huntley -Industrial Parkway South) (continued)
Comment (continued)
Apart from the statement that these types of uses should be "limited", no policies
would prevent the use of the subject land for the requested use.
Buck:
West:
Resolved that the Planner be directed to prepare the necessary
by-law for Council's consideration.
CARRIED
Proposal -Application Z-11-85 (Faulkner -Wellington Street East)
Location
The subject property is located at the north side of Wellington Street and on the
4th lot west of Wells Street.
Propos a 1
The applicant proposes to amend By-Law 2213-78 from R5-Special Mixed Density
Residential Zone to Special Mixed Density Residential Exception Zone to permit a
fabric store in one room on the ground floor of the existing building on the above
property. The remainder of the house would be used residentially.
Parking for the proposal would be provided to the side of the existing building.
Alterations to the exterior of the building would be limited to removal of one
window and replacing it with a door on the south face of the building.
Official Plan
The Official Plan designates the area Urban Residential which permits a variety of
residential uses and local commercial uses. Official Plan Amendment# 10 added
policies which permit additional uses.
Official Plan Amendment # 10 provides as follows:
"Limited commercial uses, such as a professional office, an artist's or music
studio, an insurance or real estate office or similar uses which are compatible
with residential uses, may be permitted in an urban residential designation, on an
arterial road as defined on Schedule "B" to the Interim Official Plan subject to
the fo 11 owing:
" (i) The lands being appropriately rezoned.
" (ii) The applicant enters into a site plan agreement with the municipality.
"(iii) That sufficient parking can be provided on the site and suitably screened so
as not to visually intrude into the surrounding residential neighbourhood.
" (iv) That the exterior appearance of the building be maintained as a residential
building. A sign may be displayed in accordance with the provisions of the
Town's sign by-law.
" (v) Where the applicant requires increased floor area, any building additions
must maintain the residential appearance of the building and be in harmony
with the original architectural style and period of the building. Required
yards for such building additions will be based on existing standards in the
surrounding neighbourhood.
Comment
The subject property is located on Wellington Street, a major east-west Arterial
Street. The street currently carries reasonably large amounts of traffic and it is
anticipated that greater traffic volumes will ultimately be carried on the street,
especially after Highway 404 reaches Wellington Street later this year.
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SPECIAL COUNCIL ••• WEDNESDAY, MAY 29, 1985
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Proposal -Application Z-11-85 (Faulkner -Wellington Street East)
Comment (continued)
The Downtown Planning Study prepared by A.J. Diamond Planners Limited recommended
that the Town should consider the creation of a Heritage Conservation District on
Wellington Street East between Yonge Street and the Railway Station, in order to
protect this valuable streetscape of historic buildings while allowing gradual
commercial expansion eastwards. The Commercial Development Advisory Committee
recommended to Council and Council accepted the recommendation that this area be
defined as a "Special Planning Area". Policies are currently being developed for
this area in connection with the Official Plan Review.
The objective of Official Plan Amendment # 10 was to provide additional viable,
compatible uses to which existing historic buildings adjacent to the Historic Core
Area could be put. The house in question is directly adjacent property zoned
commercially. The applicant proposes to supply parking to the east of the house on
the exterior side yard. As proposed, the parking would not meet Town standards.
Should the house ultimately be used commercially in its entirety, parking could
become a problem, as there is a very limited rear yard area.
The use itself, a retail use, is not really the kind of use envisioned by Official
Plan Amendment Number 10. However, because of its location, it appears inevitable
that the property will eventually be used as commercial.
Agency Comments
South Lake Simcoe Conservation Authority -no objections.
Regional Medical Officer of Health -no objections.
York Region Board of Education -no objections.
Regional Planning Department.
Concerns:
-parking
-signage
Two (2) letters of support were also received.
Buck:
Jones:
Resolved that the necessary By-Law be prepared and the Region of
York be advised that the Town of Aurora is not prepared to support
their request for a 3 metre land dedication for future road
widening.
CARRIED
Mayor Illingworth directed the Planner to outline Application Number Z-12-85 (Town
-Propane Use):
Proposal -Application Z-12-85 (Town -Propane Use)
Background
In 1983 the Province issued a guideline entitled "Guide to Siting Propane Fuelling
Facilities in Ontario". The guideline sets out an approval process and clearly
indicates the role of the municipality in that process in respect to zoning, and
with Fire and Building Department requirements. The Ministry of Consumer and
Commercial Relations and the Ministry of Transportation and Communications are also
involved in this approval process especially Consumer and Commercial Relations
which regulates safe siting of facilities and handling of propane. The report
deals only with retail propane facilities as opposed to large distribution
centres. Staff have recently been approached by firms wishing to establish propane
fuelling stations.
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SPECIAL COUNCIL ••• WEDNESDAY, MAY 29, 1985
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Proposal -Application Z-12-85 (Town -Propane Use) (continued)
Background (continued)
It is our interpretation due to the definition of "Automobile Service Station"
which reads as follows:
"means a building or place where gasoline, oil, grease, antifreeze
tires, tubes, tire accessories, electric light bulbs, spark plugs,
and batteries for motor vehicles are stored or kept for sale, or
where motor vehi c 1 es may be oiled, greased or washed, or have
their ignition adjusted, tires inflated or batteries charged, or
where only minor or running repairs essential to the actual
operation of motor vehi c 1 es are executed or performed, but shall
not include a public garage, autobody or a motor vehicle and
trailer sales area."
that propane dispensing stations are not a permitted use where automobile service
stations are permitted because the definition specifically refers to gasoline, oil,
etc.
A gasoline bar has a similarly specific definition which refers only to gasoline
pumps.
The definition of automobile service stations comes directly from the Municipal Act
and is consequently widely used by other municipalities. After discussing the
definition with staff of other municipalities we learned that those contacted are
taking a similar approach and have also taken the position that due to the
specificity of the definition propane dispensing stations are not permitted where
automobile service stations or gasoline bars are.
We have discussed this type of facility with the Fire Chief and he has indicated
that he is not aware of propane facilities being any more volatile or dangerous
than gasoline facilities, provided adequate safety measures are taken.
As well, the Ministry of Consumer and Commercial Relations have set up an extensive
set of requirements for the establishment of these types of units.
The additional areas of concern respecting the installation of propane services
relate to the placement of tanks. The tanks are stored above ground in containers
made from heavy-gauge steel which has the ability to withstand pressure. The
common sizes of commercial tanks are 3,790 litres (1,000 U.S. gallons) and 7,580
litres {2,000 U.S. gallons). The tanks can be installed either horizontally or
vertically.
Their dimensions are 22 feet long by 4 feet diameter. An area around the
installation must be protected by 4 inch round steel posts filled with concrete.
Some municipalities either through encouragement or zoning requirements do not
permit vertical installation of the tanks although vertical installation is
probably preferable to the gas companies, etc., because it takes less room on the
lots.
There is a second form of distribution centre for propane which is a bulk plant.
These are normally permitted in a heavy industrial zoning. The tanks used to
distribute propane to delivery trucks, etc. are 30,000 U.S. water gallons about 40
feet long by 12 feet diameter and 18,000 U.S. water gallons about 40 feet long by 8
feet diameter. There has been no demand for this type of facility within the
municipality at the present time.
Comment
Staff have met with staff of the Town of Vaughan to discuss the kinds of
regulations which apply in Vaughan to the installation of Propane Dispensing
Facilities. The major concerns with these facilities is the potential of
explosions because the tank itself is under pressure. Vaughan therefore will
permit the dispensing facilities wherever service stations are permitted except
SPECIAL COUNCIL .•. WEDNESDAY, MAY 29, 1985
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Proposal -Application Z-12-85 (Town -Propane Use) (continued)
Comment (continued)
where the property abutts a residential use or zone. There is also a safety
concern permitting the dispensing facilities' tanks in areas not serviced by
Municipal Water supply needed to cool tanks during an emergency.
Vaughan also restricts the use to Industrial zones where outside storage is
permitted and in multiple occupancy buildings where the intended occupancies are of
the same nature. Specifically, they restrict the use to buildings where there is
no commercial type of occupancy or public assembly such as banquet halls,
restaurants, arenas, etc., permitted.
The Provincial regulations apparently require that the tanks be placed no closer
than 25 feet to any building and no closer than 10 feet to any lot line.
Should Council wish to allow propane dispensing facilities and/or bulk plants
within the municipality, it is suggested that zoning provisions similar to those
which Vaughan has developed should be put in place to ensure that residential areas
and institutions and commercial places of assembly, i.e. theatres, restaurants,
etc., are separated from the storage tanks.
West:
Buck:
Resolved that the Planner be directed to prepare the necessary
By-Law for Council's consideration as per her report dat"d May 27,
1985.
CARRIED
Mayor Illingworth requested Mrs. Seibert to outline Application Z-13-85 {Centre -
Wellington Street East):
Proposal -Application Z-13-85 {Centre-Wellington Street East)
Location
The subject property is located at the north-west corner of Wellington Street and
We 11 s Street.
Proposal
The applicant proposes to amend By-Law 2213-78 from R5-Special Mixed Density
Residential Zone to Special Mixed Density Residential Exception Zone to permit
offices, specifically medical, on the ground floor of the existing building on the
above property. The upper floor would be used as one residential apartment.
Parking for the proposal would be provided to the rear of the existing building.
The applicant proposes to supply 11 parking spaces.
A 1.5 metre {5 foot) planting strip is to be provided adjacent to the boundaries of
the parking lot as well, a 6 foot high wooden fence is currently located on the
west property line.
Alterations to the exterior of the building would be limited to removal and
relocation of windows and doors on the north and west faces of the building.
Official Plan
The Official Plan designates the area Urban Residential which permits a variety of
residential uses and local commercial uses. Official Plan Amendment# 10 added
policies which permit additional uses.
Official Plan Amendment # 10 provides as follows:
"Limited commercial uses, such as a professional office, an artist's or music
studio, an insurance or real estate office or similar uses which are compatible
with residential uses, may be permitted in an urban residential designation, on an
arterial road as defined on Schedule "B" to the Interim Official Plan subject to
the following:
l., __ ,~
SPECIAL COUNCIL .•• WEDNESDAY, MAY 29, 1985
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Proposal -Application Z-13-85 (Centre -Wellington Street East) (continued)
Official Plan (continued)
II (i) The lands being appropriately rezoned.
" (ii) The applicant enters into a site plan agreement with the municipality.
"(iii) That sufficient parking can be provided on the site and suitably screened so
as not to visually intrude into the surrounding residential neighbourhood.
" {iv) That the exterior appearance of the building be maintained as a residential
building. A sign may be displayed in accordance with the provisions of the
Town's sign by-law.
II (v) Where the applicant requires increased floor area, any building additions
must maintain the residential appearance of the building and be in harmony
with the original architectural style and period of the building. Required
yards for such building additions will be ba~ed on existing standards in the
surrounding neighbourhood.
Comment
The subject property is located on Wellington Street, a major east-west Arterial
Street. The street currently carries reasonably large amounts of traffic and it is
anticipated that greater traffic volumes will ultimately be carried on the street,
especially after Highway 404 reaches Wellington Street 1 ater this year.
The Downtown Planning Study prepared by A.J. Diamond Planners Limited recommended
that the Town should consider the creation of a Heritage Conservation District on
Wellington Street East between Yonge Street and the Railway Station, in order to
protect this valuable streetscape of historic buildings while allowing gradual
commercial expansion eastwards. The Commercial Development Advisory Committee
recommended to Council and Council accepted the recommendation that this area be
defined as a "Special Planning Area". Policies are currently being developed for
this area in connection with the Official Plan Review.
The objective of Official Plan Amendment # 10 was to provide additional viable,
compatible uses to which existing historic buildings adjacent to the historic Core
Area could be put. The proposed use, a doctor's office would appear to accomplish
these goals and would not be contrary to the types of policies being developed for
the area under the Official Plan Review.
Agency Comments
South Lake Simcoe Conservation Authority -no objections.
Regional Medical Officer of Health -no objections.
York Region Board of Education -no objections.
R.E. Martin, 34 Wellington Street East -letter of support.
Concerns:
-traffic flow
-parking
-snow storage
-safety of children
-sidewalks
-signage
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SPECIAL COUNCIL ••• WEDNESDAY, MAY 29, 1985
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Proposal -Application Z-13-85 (Centre -Wellington Street East) (continued)
Buck: Resolved that the Planner be directed to prepare the necessary By-Law and
West: the Region of York be advised that the Town of Aurora Council is not
prepared to support their request for a 3 metre land dedication for
future road widening.
It is further recommended that a traffic study be undertaken in this
area.
CARRIED
Proposal -Application Z-14-85 (A.B. Cairns -Interior Sideyards)
The applicant proposes to make a general amendment to By-Law 2213-78 to add a Bay
Windown extending .33m (1ft.) into the permitted encroachments in an interior
side yard.
Comment
This issue was raised before by Stolp Building to resolve a number of existing
encroachments. The current applicants, A.B. Cairns Limited, became aware of the
present restrictions prior to obtaining building permits and therefore wish to
resolve the issue before problems result. Currently, sills belts, courses,
cornices, gutters, chimneys, pilasters, eaves, paraphets, or canopies are permitted
to extend into any yard .7 (27 inches). It would therefore be possible to
construct a chimney or any of the aforementioned items extending 27 inches into the
interior sideyard. Windows are prevented in the Ontario Building Code from being
located closer than 1.2 metres (4 feet) from a lot line. Therefore, the advantages
that a builder would have to amending this provision would be very limited.
We are advised that this has become a more common feature in houses currently being
marketed. Since the Ontario Building Code ensures that the window face cannot be
closer than 4 feet to the lot line, it is suggested that the amendment requested
would be appropriate.
Buck:
E. Stewart:
RESOLUTIONS
Resolved that the necessary By-Law be prepared for Council's
consideration.
CARRIED
1. Letter # 11-63 -Aurora Agricultural Society re: Operation of Beer Garden
-Aurora Horse Show
N. Stewart:
E. Stewart:
Resolved that permission be granted to the Aurora Men's Softball
Association to operate a beer tent on the Machell Park grounds
during the two (2) days of the Aurora Horse Show.
CARRIED
2. Letter # 11-97 -Snal Yermus re: Request for Extension of Time
E. Stewart:
Barker:
Resolved tha A. Yermus be granted a six (6) month extension to
November 1, 1985 to construct an industrial building on Part 1,
Registered Plan 65R-2868.
CARRIED
3. Letter # 11-113 -H. Borgdorff memo to K. B. Rodger re: Bathurst Street
Waterma1n -Project Number 1201
Ostick:
West:
Resolved that the three (3) lowest bidders be requested to submit
revised tender quotations to be closed at 2:00 Monday, June 3, 1985.
CARRIED
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SPECIAL COUNCIL ••• WEDNESDAY, MAY 29, 1985
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ADJOURNMENT
West: Resolved that the meeting be adjourned at 9:50p.m.
CARRIED
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