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MINUTES - Special Council - 19850828MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE BOARDROOM AT THE YORK REGION BOARD OF EDUCATION, WEDNESDAY, AUGUST 28, 1985 AT 7:30P.M. Present Were: Absent Were: Mayor Illingworth, Councillors Barker, Buck, Ostick (7:32p.m.), Paivio (7:36p.m.), E. Stewart, N. Stewart (7:46p.m.) and West. Councillor Tim Jones due to illness. Also in attendance were C.E. Gowan, Deputy Clerk, L. Allison, Administrative Clerk, S. Seibert, Planner and R.J. Harrington, Chief Building Official. Mayor Illingworth advised those present that this meeting had been called as a Public Meeting with respect to applications for amendment to the Zoning By-Law for Clara Crawford, Philip Barth, Mary Gilbert and Dr. Mark Cole and an application for amendment to the Official Plan and Zoning By-Law for John Romano. The Deputy Clerk advised that the required notices of meeting were mailed on July 23, 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. 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. DELEGATIONS 1. Letter # 15-43 -Dennis J. Hutt re: Request for Delegation Status Mr. Hutt addressed Council and outlined the reasons in support of and the necessity for a building permit that would enable him to construct a deck at the rear of his dwelling located at 69 Industrial Parkway South. West: Resolved that this matter be discussed under the Unfinished E. Stewart: Business portion of the Council in Committee agenda following this meeting. CARRIED PLANNING APPLICATIONS Mrs. Seibert was requested to outline the application by Mrs. C. Crawford (Z-19-85). Proposal -Application Number Z-19-85 (Clara Crawford) Location The subject lands are located in part of Lot 22, Concession 3 on the east side of Leslie Street. Proposal The subject lands are part of a property comprising a total of 20.5 hectares (approximately 50 acres). The applicants intend to retain the existing house and .8 hectares (approximately 2 acres) and convey the remaining property -19.67 hectares to the property to the south, an existing horse farm. The conveyed land will be added to the horse farm and no new building lots will result. · The entire property is zoned "RU-Rural" which requires a lot size of 10 hectares (approximately 25 acres). In order for the consent to convey the property to the horse farm the remaining property must conform to the zoning by-law and must therefore be rezoned. The applicants have requested a "R-Rural Residential" zoning be applied to the remaining parcel. COUNCIL MEETING ••. WEDNESDAY, AUGUST 28, 1985 - 2 - Official Plan The subject property is currently designated "Rural" in the Official Plan of the Aurora Planning Area. The offici a 1 plan permits severances where the land being conveyed is.added to an existing lot. Zoning By-Law The property is currently zoned "Rural". Comment The consent application is pending before the Committee of Adjustment. Council at its meeting August 19th indicated that it had no objection to the consent subject to a number of conditions i ncl udi ng that the property be rezoned. Agency Comments South Lake Simcoe Conservation Authority -necessary to obtain permits prior to construction on site. York Region Planning Department -no objection. Ministry of Transportation and Communications -no objection. West: Resolved that the necessary By-Law be prepared. E. Stewart: CARRIED Mrs. Seibert then outlined the applications submitted by Mr. Romano {OP-21-85 and Z-22-85). Proposal -Application Numbers OP-21-85 and Z-22-85 (John Romano) Location The subject lands are located in Lot 11, Concession 11 between Bayview Avenue and Leslie Street on the north side of Bloomington Road. Proposal The applicants propose to redesignate the 7.8 hectare (19.3 acres) parcel from "Rural" to "Industrial" to permit the property to be used for a warehousing and storage facility. The gross floor area of the storage unit would be 3,250 square metres (35,000 square feet) while an office area would comprise 465 square metres (5,000 square feet) of area of the second floor. The building would be located at the northerly end of the property while the part of the property fronting Bloomington Road would be landscaped. The applicants propose to gain access to the site by means of a driveway located at the easterly end of the property. Official Plan The subject property is currently designated "Rural" in the Official Plan of the Aurora Planning Area. The genera 1 po 1 icy in the rura 1 designated area is to prevent urban development and encourage the maintenance of these areas for rural and agricultural uses. Zoning By-Law The property is zoned "Rural" by By-Law 2213-78. COUNCIL MEETING ••• WEDNESDAY, AUGUST 28, 1985 - 3 - Comment The subject lands are bounded on the north and west by lands which were designated "Estate Residential" by Official Plan Amendment Number 18. The westerly lands however, are currently used as an auto wrecking yard. The subject lands in addition to approximately 3,000 feet of frontage to the east are the last remaining lands designated "Rural" along the Bloomington Road frontage. The subject lands, are an existing worked out sand and gravel extraction area. The lands to the east have also been used in the past for extraction purposes and are currently being used again presumably in connection with Highway 404 construction. The 1 ands to the south in Richmond Hi 11 are designated "Aggregate Resource Extraction Area" reflecting an existing gravel extraction area and asphalt batching facilities owned by Miller Paving. Bloomington Road on which the property fronts, interchanges with Highway 404 about 3 km ( 1. 75 mi 1 es) to the east. The property is about the same distance from Yonge Street, Highway Number 11. From a planning perspective the Town faces a considerable dilema in determining an appropriate alternative land use in such an area which forms a transition between Estate Residential and an existing gravel pit. In an attempt to resolve this conflict the applicants have proposed a light industrial use --a warehouse facility for the property. It is suggested that Council in its consideration of this application should also consider the future use of the remaining rural lands along Bloomington Road, how access will be provided to them and what level of services will be provided. Since the properties to the east of the subject lands are virtually identical in physical characteristics, favourable consideration of this proposal would set a precedent for industrial development along Bloomington while failing to come to grips with internal road patterns, servicing and the need for a node of industrial development. Other issues which should be considered in connection with this application are the degree to which industrial development should be "scattered" around the municipality; the desirability of permitting unserviced industrial development particularly when the Town is developing serviced industrial areas. The 1 ong term vi abi 1 i ty of the project as proposed must a 1 so be questioned because of the low intensity land use. As was noted above the applicants propose to locate 35,000 square feet of industrial floor area on approximately 19 acres. This represents a coverage of .04%, well under the normal maximum coverage of 60%. As an industrial property --even unserviced --this represents a considerably less utilization of the land than would normally be experienced in an industrial development. While the immediate use of the land at this low intensity may be economically justified, one would expect that in the long term a more intense use would be sought. In respect to the concept plan submitted, it is suggested that some alterations may be necessary when a more detailed analysis is undertaken. The north east corner of th.e property is 1 ow lying and steep in some areas. A detailed examination would be necessary to determine the building configuration. Agency Comments York Region Planning Department -no objection. South Lake Simcoe Conservation Authority -no objection. Ministry of Transportation and Communications -no objections. COUNCIL MEETING ..• WEDNESDAY, AUGUST 28, 1985 - 4 - West: Resolved that the Planner be directed to prepare the E. Stewart: necessary By-Laws. The Official Plan Amendment provisions shall permit storage.uses only. CARRIED Mayor Illingworth requested that the Planner detail the application by Mr. P. Barth (Z-23-85). Proposal -Application Number Z-23-85 (Philip Barth) Location The subject lands are located 1 lot west of the southwest corner of Yonge Street and Golf Links Drive. Proposal The applicant proposes to rezone the subject property from "R2-Detached Dwelling Second Density Residential" to "C3 Service Commercial (Urban)" to permit the property to be used for parking in connection with the property to the east. An addition to the building on the property to the east is also contemplated as part of a renovation of that building. Official Plan The property is designated Commercial in the Official Plan of the Aurora Planning Area. Zoning By-Law Th.e property is zoned "R2-Detached Dwelling Second Density Resi denti a 1" to reflect the existing use. Comment The property is directly abutting commercial development. One existing home is located to the west of it, with the Tennis bubble of the Aurora Highlands Golf Course being west again. The residential properties are therefore isolated by the commercial on Yonge Street and the Aurora Highlands complex to the west. The provision of adequate parking in automobile oriented service commercial areas is essential. It appears that the extension of this use into an isolated residential area is justified. Agency Comments Ministry of Transportation and Communications -no objections. Concerns: uses proposed for the lands as amalgamated. Buck: Resolved that the necessary By-Law be prepared. West: CARRIED Mrs. Seibert then explained the application submitted by the Gilberts (Z-24-85). Proposal -Application Number Z-24-85 (Gary and Mary Gilbert) Location The subject property is 1 ocated 1 1 ot south of the southwest corner of Kennedy Street and Yonge Street.South. \ \ .. COUNCIL MEETING ... WEDNESDAY, AUGUST 28, 1985 - 5 - Proposal The applicants propose to use the existing building on the property for an art gallery and/or offices. The total gross floor area of the building is 1,440 square feet. Official Plan The subject lands are designated "Urban Residential" in the Official Plan of the Aurora Planning Area. Official Plan Amendment 10 provided that "Limited connercial 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 •.• ". The policies stress that the exterior appearance of buildings must remain residential and parking etc., must be screened so as not to intrude into the residential area. Zoning By-Law The property is currently zoned "R5-Special Mixed Density Residential Zone." Comment The applicants have been the owners and operators of the York Fine Art Gallery which has been operating for a number of years from the property to the north. That property has been maintained in an attractive condition since its opening. The only difficulty of which staff are aware has been with the provision of parking during each of the 10 art show openings. The applicants have indicated that they have permission from the two properties south to use parking available to the rear of the buildings on these opening nights. As well, parking is available on Yonge Street. The applicant proposed to supply 7 parking spaces to the rear of the building on the property itself. It is anticipated that this will be adequate to pro vi de for the regular parking requirements of the ga 11 ery. Should Counci 1 determine that offices are a more appropriate use of the property 5 parking spaces would be required. Either use would appear to be compatible with the emerging pattern of owner operated offices, and specialty shops and services which are locating within the area, subject in the case of the art gallery to a determination that neighbourhood disturbance would not result. Agency Comments Regional Planning Department -no concerns. Concerns: parking congestion during certain evenings. overflow parking availability and impact on adjacent residents. traffic hazard created by parking on Yonge Street. West: Resolved that the necessary By-Law be prepared. N. Stewart: CARRIED Mayor Illingworth requested that Mrs. Seibert outline the application submitted by Dr. Mark Cole (Z-25-85). Proposal -Application Number Z-25-85 (Mark A. Cole and Susanne Reinthaler) Location The subject lands are located at the southwest corner of Kennedy Street and Yonge Street. COUNCIL MEETING ••. WEDNESDAY, AUGUST 28, 1985 - 6 - Proposal The applicants propose to use the ground floor of the existing building on the lot for an animal hospital. The floor area devoted to the use would be approximately 90 square metres (987 square feet). The upper two floors comprising approximately 140 square metres (1,498 square feet) would be used for residential purposes. Animals requiring hospitalization would be housed below ground in sound insulated quarters. The applicant would operate the animal hospital. Official Plan The subject lands are designated "Urban Residential" in the official plan of the Aurora Planning Area. Official Plan Amendment 10 provided that "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 ••• ". The policies stress that the exterior appearance of buildings must remain residential and parking etc. must be screened so as not to intrude into the residential , .. area. Zoning By-Law The property is currently zoned R5-3, an exception which permitted an art gallery on the property. The owner of the art gallery has purchased the property directly abutting to the south and proposes to relocate the art gallery on that property. Comment The subject lands are located within a node of similarly developed properties. The attached plan shows the 1 and uses surrounding the subject property. The emerging land use pattern is predominately offices and specialty services and shop which are owner operated. In most cases, buildings have been improved and neighbourhood disturbance has been limited. In terms of neighbourhood disturbance the greatest concern is with the properties to the west directly abutting the Yonge Street properties. Council's policy as laid out in the Official Plan limits the uses permitted under these exceptions to those compatible with residential uses. While the proposed use would appear to qualify as a professional office and therfore be permitted there is a concern that a veterinary clinic or hospital may be disturbing to the residential neighbourhood from the noise of animals being kept for treatment. The applicant has indicated that this aspect will be minimized since animals being kept for treatment will be housed in the basement which will be sound proofed. There are currently 5 car parking sp·aces on the site which according to the requirements of By-Law 2213-78 would be adequate. Concerns: compounding of neighbourhood parking problem. number of veterinarians permitted. noise and odours associates with animals. existing permitted use as an art gallery should not continue if small animal hospital is permitted. method of disposal of animal carcasses. type of animals to be cared for, number of animals there at any one time. boarding of animals over a longer period. type of signage proposed. E. Stewart: Resolved that the necessary By-Law be prepared to permit an N. Stewart: animal hospital only. CARRIED COUNCIL MEETING ••• WEDNESDAY, AUGUST 28, 1985 - 7 - Buck: Paivio: CORRESPONDENCE Resolved that the By-Law prepared permit one veterinarian and require the provision of a minimum of five (5) parking spaces. CARRIED 1. Letter # 15-90 -United Auto Body re: Extension of Time West: Resolved that this request be denied. Barker: CARRIED ADJOURNMENT West: Resolved that the meeting be adjourned at 9:13 p.m. CARRIED ~xi\ Mayor '-·u Clerk