MINUTES - Special Council - 19851204MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE BOARDROOM AT THE
YORK REGION BOARD OF EDUCATION, WEDNESDAY, DECEMBER 4, 1985 AT 7:30P.M.
Present Were: Mayor West and Councillors Barker, Buck (7:39p.m.),
Jones, McKenzie, Paivio (7:35 p.m.), Pedersen, Timpson
and Weller.
Also in Attendance were K.B. Rodger, Clerk-Administrator, C.E. Gowan, Deputy
Clerk and S. Seibert, Planner.
Mayor West ad vi sed those present that this meeting had been called as a
Public Meeting with respect to applications for amendment to the Zoning
By-Law for Corridor Enterprises Inc. and H. Fri eberg and OHi cia 1 Plan
Amendment for H. Frieberg.
The Deputy Clerk advised that the required notices of meeting were mailed on
October 30, 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 West 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 West requested Mrs. Seibert to outline Application Number OP-32-85 and
Z-34-85.
Proposal -Application Number OP-32-85 and Z-34-85 (Herbert Frieberg)
Location
The subject property is located at the southeast corner of Allaura Boulevard
on a parcel of land which is 3.67 acres in area.
Propos a 1
The applicants propose to amend the Official Plan from "Industrial" to
"Commercial" and the Zoning By-Law from "M1-1 Restricted Industrial Service
Exception" to "C4 -Shopping Centre Commercial" to permit the development of
a shopping plaza. The proposed shopping plaza would have a gross floor area
of 38,676 square feet and would be provided with 229 parking spaces.
Parking is to be located on the Allaura Boulevard and Yonge Street frontages
of the property. Access to the property would be by way of Allaura
Boulevard and Yonge Street.
Considerable change in grade would be necessary to allow the use to proceed
as proposed.
Official Plan and Zoning By-Law
The property is currently designated "Industrial". That classification
permits a full range of industrial uses including limited public,
institutional service commercial or similar uses such as banks, restaurants,
arenas and curling clubs deemed compatible with and incidental to an
industria 1 area. The subject 1 ands were rezoned "M1-1" to all ow such uses.
Comment
The subject lands are part of registered plan M-51 which was registered in
1978. The intent at the time that the plan was registered was that the site
would be used for prestige industrial uses or service industrial uses.
The Official Plan has specific policies respecting Shopping Centre
Commercial Uses. The following general statements apply to all shopping
centres:
COUNCIL MEETING ... WEDNESDAY, DECEMBER 4, 1985
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"At present, there are two functional types
of shopping centres within the town; those
which serve the community as a whole and
those which are oriented to the various
neighbourhoods or Planning Districts.
Generally, during the planning period, it is
anticipated that no more than one shopping
centre will be required for each
neighbourhood or Planning District. 2 These
will range is size between 4,000 m and 2
hectares (1 to 5 acres). Proposals will be
evaluated on the basis of the size and
population (existing and anticipated) of the
neighbourhood and having regard to the level
of such services a 1 ready avail ab 1 e."
This proposal should therefore be evaluated on these bases.
The subject site is located within Planning District Number 2, which is
bounded by Yonge and Wellington Streets on the north and west and Vandorf
Road on the south. The easterly boundary varies although it generally
follows the river valley.
Commercial facilities to serve that neighbourhood are available on Yonge
Street in the Central Business District and in two strip plazas. One plaza
is located between Dunning and Edward and has been in existence for some
time. The other plaza between Kennedy and Cousins has been recently
constructed and is presently approximately 50% occupied.
The subject site is located some distance from the residential development
in Planning District Number 2 and it is doubtful that it would cater to any
one neighbourhood because of this location. The lands directly west are the
site of another larger commercial plaza. This plaza has a major supermarket
as its prime tenant although there are several vacant stores in that
location as well.
If the site is to provide a Town wide service, it will also have to compete
with several new facilities in the north end of the community. There are
presently three strip plazas in various stages of construction in that
location.
North of Mark Street a shopping plaza of approximately 21,000 square feet is
under construction. On the west side of Yonge Street, a plaza of
approximately 17,000 square feet is proposed. A new facility for a dry
cleaner having approximately 10,500 square feet has also be constructed on
the west side of Yonge Street.
Two other commercial sites are also available in the north end of the
community. There are approximately 5 acres of land commercially designated
west of St. Andrews Square. Officials from St. Andrews Square have
discussed a potential expansion of approximately 35,000 square feet with
staff. That proposal, it is understood, will be coming forward to Council
in the near future.
In addition approximately 11.5 acres of land is designated Commercial on the
east side of Yonge Street north of St. Andrew's garage and 9.5 acres of land
on the south side of Wellington Street on the Mary Street extension are
designated Commercial.
The Downtown Planning Study prepared by a team comprising A.J. Diamond and
Associates, Peter Barnard Associates and Barton Ashman Canada Limited
analyzed the future commercial needs of the community. The following is a
summary of the findings of the demand. The figures are for additional area
over the then existing areas. All figures are in square feet.
COUNCIL MEETING ••• WEDNESDAY, DECEMBER 4, 1985
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DSTM FOOD STORE RESTAURANT TOTAL
1982 85,004-107,600 25,286-35,938 3,981-4,949 114,267-148,487
1986 119,436-114,184 33,786-45,407 968-11,336 154,190-170,927
1991 188,300-219,504 44,654-62,192 20,013-25,286 252,967-306,982
Since 1982 approximately 200,000 square feet of commercial area in the food
store, restaurant and department store type merchandise (DSTM) has been
created or is under construction. The population figures on which the
calculations made for the Downtown Planning Study were based for 1986 have
been exceeded. That report was based on 18,000 persons in the Town by 1986.
The year end population for 1985 will be at least 20,000 persons. The 1991
Commercial floor area demand estimated were based on a population of
21,000. On the basis of the population figures, the additi ona 1 floor area
of approximately 200,000 square feet appears to be quite appropriate when
compared to the predicted demands.
Considering the fact that about 25 acres of commercially designated 1 and
presently exists, it appears that sufficient land presently exists to
continue to meet demands. In addition, it is anticipated that the Home
Hardware will move from its present 1 ocati on to the Wellington Street East
commercial area. That site within the existing Central Business District,
and the Skinner property now vacant due to a fire which destroyed the
bui 1 ding represent redevelopment opportunities. It is suggested that the
designation of new commercial land when adequate commercial land is
available and when these redevelopment possibilities exist in the downtown
area would not be necessary.
Concerns:
over supply of commercial space
counter productive
premature to rezone at this time
Jones: Resolved that these applications be rejected.
Paivio:
CARRIED
Mayor West requested the Planner to outline Application Number Z-39-85
(Corridor Enterprises Inc.).
Proposal -Application Number Z-39-85 (Corridor Enterprises Inc.)
Location
The subject lands are located at the northeast corner of Bathurst Street and
Henderson Drive.
Proposal
The app 1 i cants propose to amend the zoning applying to the subject 1 ands
from "H-Holding" to "R2-Detached Dwelling Second Density Residential Zone",
"R2-5-Detached Dwelling Second Density Residential Exception Zone" and
"0-Major Open Space" to permit the development of a plan of subdivision.
The subdivision plan comprises the following:
114 residential lots
3 open space b 1 ocks ( 12.25 acres)
The residential lots are comprised of 52 -45 foot lots and 62 -50 foot
1 ots.
COUNCIL MEETING ... WEDNESDAY, DECEMBER 4, 1985
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A block along Bathurst Street having an area approximately 4.5 acres is not
the subject of this application but is shown on the subdivision plan. This
area is designated "Suburban Residential" in the Official Plan. The owners
in a previous presentation to Council proposed that this be "Commercial".
Official Plan
The subject site is designated major open space and urban residential and in
the Official Plan.
The Official Plan sets the limit for
units per hectare (6.5 units/acre).
11 units per hectare.
Zoning By-Law
the density of urban residential at 16
The present proposal has a density of
The site is currently zoned "H-Holding".
Comment
The subject subdivision is Phase II of a development which is currently
under construction. The first phase is composed of 106 -60 foot lots. In
this phase it is proposed to locate 45 foot lots adjacent to the homes
fronting on Seaton Drive. These homes have frontages of 65 feet. There is
a concern thi'lt the 45 foot lots adjacent to 65 foot lots would not be
compatible. There is an existing estate home to the west of this area.
Appropriate lot sizes should be determined adjacent to this use as well.
The application a 1 so proposes to 1 ocate 45 foot 1 ots at the corner of
Henderson Drive and Bathurst Street adjacent to the area designated
"Suburban Residential" which permits a minimum of 1/2 acre lot sizes. It is
suggested that it would be more appropriate to locate larger lots in this
area thereby creating a graduation of lot sizes toward the suburban
residential area. This area is also highly visible and while landscaping
and/or berming will be required adjacent to Bathurst Street and Henderson
Drive, the smaller lots would result in there being a greater number of lots
to screen.
There is a concern with the road pattern as proposed currently. The 1 ands
to the north of this plan adjacent to Bathurst Street are also scheduled for
development. Access to these lands is provided by way of Street "B" which
dead ends at the property line. Staff are concerned that on the basis of
the road design proposed, the only access to the homes on Street "B" and the
northerly 1 ands is by way of the intersection of Street "A" with McClenny
Drive. Si nee the proposa 1 to the north is for 28 1 ots a tota 1 of 77 1 ots
would be serviced by means of this access. In order to overcome this
difficulty it has been suggested that Street "C" in this plan be extended
through and joined with Street "B".
A further concern with the subdivision design relates to Street "D" at the
easterly side of the site. The area of the turning circle was originally
shown as open space. This was subsequently changed by Council to allow one
large lot on which a house existed to be created. The applicants now
propose about 7 lots in this area.
Agency Comments
Regional Health Unit -no objections
(One letter from a property owner on the west side of Bathurst Street -copy
attached).
COUNCIL MEETING ... WEDNESDAY, DECEMBER 4, 1985
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Concerns:
traffic problems
plan showed extensive parkland and greenbelt areas -this plan would
reduce parkland
lot sizes should be increased
conflict with proposed subdi vision to the north -road pattern - 1 ot
sizes
trees would have to be cut down
down sizing of some lots
elevation of proposed lots -too high
landscaping of proposed park
road pattern
piece meal approval
Buck:
Paivio:
CORRESPONDENCE
Resolved that this application not be accepted at this time
and it be referred to the Planning and Leisure Services
Committee for report.
CARRIED
1. Letter # 1-62 -M.G. Viertelhausen re: 14 Bailey Crescent
Buck:
Barker:
NEW BUSINESS
Resolved that this matter be referred to the next Council in
Committee meeting and staff be directed to obtain information
as to ownership of land.
CARRIED
1. Report of Assistant Planner re: Dennis Hutt, Committee of Adjustment
-Application A-23-85
Nature of Relief Requested
The applicant requests permission for the continued existence of a deck
measuring approximately 7.32 metres by 3.96 metres (24' X 13') on the east
side of his house located on Part 1 of Lot 7, Plan 80 (the southeast corner
of Industrial Parkway South at Ross Street). The house and deck encroach
not only into the required exterior side yard of 9 metres (29.53 feet), but
also onto the municipal road allowance, an additional distance of 0.4 metres
(1.3 feet) at the northeast corner of the house. The applicant is
requesting a variance from the required 9 metres to 10.33 metres (which
actually brings it beyond the property line) to permit the deck to remain in
its present location.
Official Plan
Designated "Industrial", the residential use of the subject property does
not conform with the Official Plan of the Town of Aurora. Section 6 of the
Official Plan, Policies Affecting Nonconforming Uses, applies to the subject
property. The genera 1 intent of Section 6 is that nonconforming uses
should, in the long run, cease to exist so that the land affected may revert
to a use in conformity with the intent of the Official Plan and the
provisions of the implementing zoning by-law. However, the Town may pass a
by-law to permit the extension or enlargement of a nonconforming use in
order to avoid unnecessary hardship and provided that such enlargement or
expansion does not result in any adverse effects on the use of adjacent
lands or in the implementation of the provisions of the Plan.
COUNCIL MEETING ... HEDNESDAY, DECEMBER 4, 1985
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Zoning By-Law
The subject property is zoned M1-A, Restricted Industria 1 Exception Zone.
The existing res i denti a 1 use of the property does not conform with the
zoning nor is the house sited in conformity with front and exterior side
yard setback provisions. The minimum setback from the road allowance is 9
metres (29.53 feet). The house on the subject property is sited beyond the
north property line and is actually partially on the municipal road
allowance. The deck, therefore, is also built partially on the municipal
road allowance.
Building Permit Number 84-465 was issued November 15, 1984 for the
a lterati on/repair of the house on the subject property. Apparently, the
applicant built the deck on the mistaken assumption that such a structure
was permitted as it constituted an improvement. However, the addition of
the deck was beyond the scope of the building permit issued for the
renovation. Section 6. 5 of By-Law 2213-78 addresses the extension and
repair of nonconforming buildings:
"Nothing in the By-Law shall prevent the
strengthening to a safe condition of any
building or structure or part of any such
building or structure which does not comply
with the provisions of this By-Law, provided
such alteration or repair does not increase
the height, size or volume or change the use
of such building or structure''.
The deck constitutes an increase in size of the nonconforming building. The
applicant were therefore denied a building permit to permit its existence.
On September 3, 1985, the app 1 i cant appeared before Counci 1 to request
permission for the addition of the deck to the house. In this regard,
Council adopted the following resolution:
"Dennis Hutt re: Request for Building Permlt
"After discussion of this matter, it was the
determination of the Committee that Mr. Hutt
be advised to submit an application to the
Committee of Adjustment for an extension to
the nonconforming use, which the Council
would not object to".
It is not clear from the wording of the above resolution, whether or not
Council was cognizant of the fact that the subject deck would encroach onto
the municipal road allowance. It is suggested that permission to encroach
on the road allowance would set a precedent for other property owners in the
town who may also wish to extend their building onto Town property.
Recommendation
It is requested that Council clarify the intent of the September 3, 1985
resolution. If Council is indeed willing to support the deck encroachment
onto a municipal road allowance, then this is not a matter for the Committee
of Adjustment, as it is beyond the powers of that Committee to permit an
individual to build on property other than his own.
If, however, it is not Council's intention to permit encroachment onto the
road allowance but to permit a deck nonetheless, then it is suggested the
Committee of Adjustment be advised that Council does not object to a
variance provided the deck is built entirely on the owner's property.
COUNCIL MEETING ... WEDNESDAY, DECEMBER 4, 1985
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Timpson:
Barker:
Resolved that an Agreement between the Town of Aurora and Mr.
Dennis Hutt read as follows:
1. Town of Aurora to permit encroachment onto Town property.
2. If and when land needed by Town encroachment is to be
removed immediately.
3. This agreement to be registered on title.
4. All costs to be borne by Mr. Hutt.
CARRIED
2. Report of Planner re: Block 138, Plan M-2340, IONA Corporation -
Tamarac Phase I
Plan 65M-2340 was registered on August 6, 1985. Block 138 is a triangular
shaped parcel between Henderson Drive and the railway tracks at the most
easterly end of the subdivision. The subdivision application indicated that
this block would be used for future development however, during the
processing of the plan we were advised that the parcel would be either for
stormwater management or would be conveyed to the Town as Open Space. The
property was zoned as Major Open Space as a result of that understanding.
We are now advised that the owners did not intend to convey the land as Open
Space. The situation has been discussed with the Leisure Services
Department and the Clerk-Administrator. Leisure Services staff have
indicated that while Town ownership of the property is not viewed as
essential, it is likely that a Tot Lot could be accommodated on the site and
may be needed for the children in the area. They are, however, somewhat
concerned with the ad vi sabi 1 i ty of 1 ocati ng such a faci 1 ity on a collector
road.
Leisure Services staff have also
visual effect that the Block
neighbourhood.
indicated that they are concerned with the
in its present condition has on the
The Clerk-Administrator is concerned with land ownership in the area,
particularly south of the Aurora Village Co-Op as the ownership between the
railway right-of-way and the Co-Op has not been determined. The ownerships
in the area may influence the Council's decision as to whether it should
take title to these lands, as Henderson Drive was previously located in this
area and closed in the 1950's.
In view of these various unknowns, it is recommended that Council take the
following action:
1. Request that Block 138 be conveyed to the Town as a condition in the
subdivision agreement for IONA Phase II.
2. Request that the solicitors undertake a title search of those lands at
the east end of Block 138.
3. Request that the Lei sure Services Department undertake a review of the
possible uses and advisability of developing these lands for parkland.
4. Should the above investigations indicate that the Town should not retain
title to Block 138, it should be conveyed back to IONA.
Jones:
Paivio:
Resolved that the report of the Planner be accepted and
actioned immediately.
CARRIED
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COUNCIL MEETING ••• WEDNESDAY, DECEMBER 4, 1985
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3. Aaron Yermus -Industrial Property
Buck:
Weller:
RESOLUTIONS
Resolved that the action taken by the Clerk-Administrator be
ratified and the Town of Aurora repurchase Part 1, R.P.
65R-2868 Industrial Land.
CARRIED
1. Firefighters Stipends
Weller:
Jones:
ADJOURNMENT
Barker:
Mayor
Resolved that the Firefighters Stipends for the six month
period from June 1 to November 30, 1985 in the total of
$46,057.00 be paid and the Seal of the Corporation be attached
hereto.
CARRIED
Resolved that the meeting be adjourned at 10:45 p.m.
CARRIED
Clerk