MINUTES - Special Council - 19850731MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE BOARDROOM AT THE
YORK REGIONAL BOARD OF EDUCATION, WEDNESDAY, JULY 31, 1985 AT 7:30P.M.
Present Were: Mayor Illingworth, Councillors Barker, Buck, Jones
(7:38 p.m.), Ostick, Paivio, E. Stewart and West.
Also in attendance were
Administrative Clerk, S.
Building Official.
K.B. Rodger, Clerk-Administrator, L. Allison,
Seibert, Planner and R.J. Harrington, Chief
Mayor Illingworth advised those present that this meeting had been called as
a Public Meeting with respect to the applications for amendment to the
Zoning By-Law for Andy Investments Ltd., Park/Chung, 420643 Ontario Ltd. and
the Rogers Estate.
The Clerk-Administrator advised that the required notices of meeting were
mailed on June 21, 1985 by First Class mail, to addresses within 120 metres
of the areas, as shown on the 1 ast 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 ava i1 able
before they leave the meeting.
PLANNING APPLICATIONS
Mrs. Seibert was requested to outline the application by Andy Investments
Limited (Z-03-85}:
Proposal -Andy Investments Limited (Z-03-85}:
Location
The subject site has frontage on Wellington Street West. The "L" shaped
parcel extends southerly and westerly and abuts the Heron Homes property.
Background
A meeting was held on January 30, 1985 to discuss an Official Plan Amendment
from "Rural" to "Urban" on the property and the subject application. The
Official Plan Amendment was subsequently enacted and approved by the
Minister of Municipal Affairs and Housing on July 12, 1985. The draft plan
of subdivision was recommended for approval by the Aurora Council on May 21,
1985 and is scheduled to go before Regional Council on August 8, 1985.
Proposal
The applicant proposed to amend By-Law 2213-78 from "Holding" to
"Residential" to allow the development of a plan of subdivision having 164
detached residential lots and 2 blocks, one along the river valley which
will be passive open space and one adjacent to the schoo 1 running track
which will be active open space. The property has an area of 10.929
hectares (approximately 51 acres). The density of the development is 11.7
units per hectare (about 4.7 units/acre). The proposed plan of subdivision
will have access to Wellington Street and will connect with the Heron Homes
Development to the west.
Comment
The proposed plan of subdivision has been publicly discussed previously and
no major concerns were expressed. It has been reviewed by a variety of
government agencies and local boards. The South Lake Simcoe Conservation
Authority had expressed concern with the land in that lots extended into the
floodplain of the tributary to Tannery Creek which reins through the
property. The plan has now been slightly revised, removing the lots from
the floodplain as requested by the South Lake Simcoe Conservation Authority.
COUNCIL MEETING •.. WEDNESDAY, JULY 31, 1985
- 2 -
The development appears compatible with other developments existing and
proposed in the area and provides access for lands to the south so that a
convenient road pattern can be developed.
Agency Comments
York Region Medical Officer of Health -no objection.
York Region Board of Education -no objection.
Concerns:
Availability of sanitary sewer services for those residents on the south
side of Wellington Street West
traffic flows onto Wellington Street West and the requirement for the
Owner to ensure the provision of alternative points of access to the
development
the request by the Owners agent for reductions in the normal
requirements for exterior and interior sideyards.
Buck:
Jones:
Resolved that the report of the Planner pertaining to this
application and the request for the reduction in sideyards be
referred to the Planning Committee for further discussion.
CARRIED
Mrs. Seibert then outlined the application submitted by Park/Chung (Z-09-85)
which was deferred from the April 24, 1985 public meeting.
Proposal -Park/Chung (Application Z-09-85):
Location
The subject property is located on the south side of Wellington Street East
between Ross Street and Industry Street South.
Proposal
The applicant proposes to rezone the property from "M1-A Restricted
Industrial Exception Zone" to "C3-Service Commercial Zone (Urban)" to permit
the development of a gas station and mall on the site. The applicants have
submitted a site plan in support of the application which is attached.
Official Plan
The Official Plan designates the subject lands "Industrial". The Industrial
category permits a variety of manufacturing and warehousing types of uses.
By specific amendment of the zoning by-law, limited public, institutional,
service commercia 1 or similar uses such as banks, restaurants, arenas and
curling clubs,. deemed compatible with and incidental to an industrial area
are permitted.
Existing Zoning
The Ml-A zone permits all existing industria 1 uses p 1 us wholly enclosed
manufacturing and industrial uses.
Comment
The applicant proposes to locate a standard commercial plaza in an area
designed Industrial in the Official Plan. The proposed plaza is located
within an area which is mainly industrial in its composition. Normally a
convenience commercial type of use such as is proposed would be located in
close proximity to residential uses. If the applicant wishes to proceed
with a development of this nature, it is suggested that· an Official Plan
Amendment would be required.
COUNCIL MEETING •.. WEDNESDAY, JULY 31, 1985
- 3 -
Because it is anticipated that Wellington Street will come under increasing
pressure for development particularly strip commercial, careful
consideration to the location and types of commercial uses within the area
will be required.
Agency Comments
South Lake Simcoe Conservation Authority -no objection.
Region of York Planning Department -point out that a commercial mall would
not appear to be compatible and incidental to an industrial area.
York Region Board of Education -no objection.
York Region Medical Officer of Health -no objection.
Concerns:
necessity for commercial development on Wellington Street East
elevations of adjacent properties
number and location of proposed entrances and exits posing a traffic and
safety hazard
lack of market studies to justify proposal
Buck:
Barker:
Jones:
Ostick:
Resolved that this application be refused.
DEFEATED
Resolved that application Z-09-85 be referred to the Planning
Committee and the Economic Development Committee for further
review.
CARRIED
Mayor Illingworth requested that the Planner detail the application by
420643 Ontario Ltd. (Z-18-85}:
Proposal -420643 Ontario Limited (Z-18-85}:
Location
The subject property is located west of McDonald Drive on the north side of
We 11 i ngton Street East. It is bounded by detached res i denti a 1 deve 1 opment
to the east in an area zoned R2-minimum 1/2 acre lot size (existing
deve 1 opment considerably 1 arger 1 ots) and to the north by an area as yet
undeveloped zoned R2-5000 square feet lot size.
Proposal
The applicant proposes to rezone the subject property from "Holding" to R2
minimum 5,000 square feet lots, R6 minimum lot size approximately 2,500 -
3,000 square feet and 0-Major Open Space. The proposal as originally
submitted 35 detached residential lots having a minimum area of 5,000 square
feet and a block of townhouses containing 36 units. The site plan submitted
in support of this application proposed 28 units at a density of 11.6 units
per acre.
Official Plan
The lands are currently designated Urban Residential in the Official Plan of
the Aurora Planning Area -Aurora West. The Urban Residential category
permits the fo 11 owing "single family, semi -detached on-street townhouse
units, and other similar low density housing types at a maximum density of
16 units per hectare (6.5 units per net acre). The policy goes on to state
" •.. the maximum density in the Urban Residential areas may be exceeded on
any particular site, or in any plan of subdivision, provided that the
approximate population for the sub-area as set out in Clause C(iii) below is
COUNCIL MEETING .•• WEDNESDAY, JULY 31, 1985
- 4 -
not exceeded. Clause C( iii) refers to a tab 1 e which sets out a tota 1 Urban
Residential population of 5,700 in the area in which the subject lands are
located. All plans presently approved or under consideration by Council
including the plan presently under consideration total 4,311 persons.
The overall Official Plan also provides policies for the location of medium
density residential development which provides that all medium density
development in a neighbourhood should not exceed 35 units per hectare gross
residential land (approximately 14 units per acre) Section 8B -Urban
Residential Development Pol icy has several policies which are pertinent to
the situation as follows:
Comment
"In areas of new development the municipality will
strive to realize a harmonious mixture of varying
dwelling types and to prevent conflicts between those
of differing density. Higher density developments will
be so arranged to comp 1 ement those of a 1 ower density
and prevent conflict between them.
Urban residential development shall be predominately
low density, single family residential. Apartment
bui 1 dings, 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 the
schoo 1 s, 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 can be directed away from
adjacent local streets."
The propos a 1 is for a combination of detached res i denti a 1 1 ots having 50
foot frontages and townhousing at 11.6 units per acre.
The subject is located between two existing plans of subdivision.
Registered Plan 517 to the east of the plan has lots having approximately 50
foot frontages. Block N on the south side of Bell Drive at McDonald Drive
has a small 3 storey 11 unit apartment building located on it.
To the west Registered Plan 500 is located. This plan was originally part
of King Township and comprises privately serviced estate type lots ranging
in size along the eastern side from 1.6 acres to 1.2 acres.
The applicant in attempting to form a transition between these two very
different forms of development, has provided deep lots adjacent to the large
1 ot deve 1 opment to the west. The depth of most 1 ots is in excess of 50
metres (approximately 165 feet). As well lots have been widened at the
rear. It may also be appropriate to consider requiring that the lots be
widened in a manner similar to the frontages required in the "Three
Seasons-Lakeview" property to the north. There, frontages were increased to
a minimum of 26m (85 feet) - 8 lots and 21m (69 feet) - 1 lot adjacent to
the houses on Hillside Drive.
COUNCIL MEETING ... WEDNESDAY, JULY 31, 1985
- 5 -
The townhouse block proposed to front on Wellington Street presents a
different set of problems.
While most of the property is within the floodplain of the Tannery Creek,
the South Lake Simcoe Conservation Authority advises that it appears
possible to carry out a balanced cut and fill removing the property from the
floodplain. They request that the draft by-law not be finalized until the
drat plan details are finalized.
The area is adjacent to a major arterial street, well located in terms of
proximity to schools, parks, sewers and water. No comment has been received
from the Regional Engineering Department as to the acceptability of al]owing
access to Wellington Street in this location. On the concept plan submitted
in support of this application, the owners propose a wooden privacy fence
and landscaping along the western property boundary, as well as a 12.2 metre
(40 foot) rear yard adjacent to the large lots on Hilldale Road. The
proposed units would be 20 feet X 50 feet on each of 2 floors. The proposed
access cul-de-sac is 25 feet wide. Since the road would not be constructed
to municipal width standards, it is assumed that the project would be
condominium.
Taken on its own the proposal would meet the official plan criteria for the
location of medium density development. However higher density developments
are to be arranged so as to complement those of a lower density and prevent
conflict between them. While the applicant has attempted to provide
buffering, because of the very great difference in the densities of the
existing development with the proposed development the potential for
conflict still exists.
Agency Comments
South Lake Simcoe Conservation Authority -letter attached.
Ministry of Transportation and Communications -no objections.
York Region Board of Education -rezoning premature until draft plan
approved.
Concerns:
access to Wellington Street for Townhouse Block
buffering and separation of Townhouse Block from adjacent residences
need for wider lots on western side of the proposed plan
building on floodplain lands
possible negative results in water levels on adjacent lands arising as a
result of proposed cut and fill
three access points to lands to the east but no westerly access provided
lack of hydrogeological support studies
conflicting land uses in relation to adjacent areas
Jones:
West:
Resolved that the Townhouse portion of the application be
rejected and that the remainder be referred to the Planning
Committee. It is further recommended that the Terms of
Reference for the Traffic Study include traffic patterns in
the Hillside/Hammond areas.
CARRIED
Mrs. Seibert explained the application submitted by Rogers Estate (Z-20-85):
Proposal -Rogers Estate (Z-20-85):
Location
The subject property is located at the south-west corner of the St. John's
Sideroad and Yonge Street.
COUNCIL MEETING .•. WEDNESDAY, JULY 31, 1985
- 6 -
Proposal
The applicants have received approval to convey the westerly part of the
property and retain the subject lands from the Committee of Adjustment for
the Town of Aurora subject to certain conditions being met. Since the
subject 1 ands, which will remain after the conveyance have somewhat 1 ess
area than is required for a 1 ot in the Rura 1 zoning category one of the
conditions of the consent is that the property be appropriately rezoned.
The subject property has an area of 7.488 ha. By-Law 2213-78 requires that
the minimum lot size be 10 ha. The applicants wish to retain the existing
buildings and uses on the site.
Official Plan
Official Plan Amendment Number 31 which is currently before the Minster of
Muni ci pa 1 Affairs under consideration for approva 1 designates the subject
residential lots, institutional uses on large lots which are compatible with
a rural setting, very limited commercial uses on large lots such as country
inns, horse riding establishments, and such other uses as are considered
compatible with the goal of ensuring an urban separator and maintaining the
rural appearance of the area.
Zoning By-Law
The subject lands are currently zoned "Rural" and "Environmental Protection".
Comment
As was noted above, the subject lands have somewhat less land area than is
required by the "Rural" zoning category. The appropriateness of creating
this lot was considered by Council at the time of the consent by the
Committee of Adjustment. Because a subdivision is proposed for the
remainder of the property to the west, both Council and the Committee felt
the lot size was acceptable. Most of the Yonge Street frontage of the
property is within the floodplain of Tannery Creek. The building areas are
apparently out of the floodplain.
The requested amendment to the zoning by-law will permit the property only
to be used as it currently exists. Should another use be proposed a further
amendment to the by-law will be required.
Agency Comments
South Lake Simcoe Conservation Authority -no objection.
York Region Planning Department -no objection.
Ministry of Transportation and Communications -note that all buildings must
be set back 7.3m from highway limits-request notice of passage of By-Law.
Buck: Resolved that the necessary By-Law be prepared.
West:
CARRIED
CORRESPONDENCE
1. Letter # 14-76 -Cumming Cockburn and Associates Limited re: Draft
Plan of Subdivision 19T-84071
Buck: Resolved that the Planning Department of the Regional
West: Municipality of York be advised that the Corporation of the
Town of Aurora hereby concurs with the addition of one (1) lot
on the Revlis Securities (Draft Plan of Subdivision 19T-82013)
plan for Registration.
CARRIED
COUNCIL MEETING ..• WEDNESDAY, JULY 31, 1985
- 7 -
RESOLUTIONS
1. Civic Holiday "•
2. Mayor and Clerk Authorization to sign Site Plan Agreement -Inducon
Construction
E. Stewart: Resolved that the Mayor and Clerk be authorized to sign a
Barker: Site Plan Agreement between Inducon Construction (Northern)
Inc. and the Town of Aurora.
CARRIED
3. Expropriation Authorization -Vanderburg Property
Buck: Resolved that the Town of Aurora hereby authorizes the
E. Stewart: commencement of the expropriation proceedings pertaining to
the required road allowance width from the present terminus of
Kennedy Street West to the Heron Homes (Aurora) Ltd. 1 ands
through the Vanderburgh property. The costs incurred to be
charged to Heron Homes (Aurora) Ltd.
CARRIED
4. Accommodation Road Closing -Registered Plan 102
Buck Be It Resolved that the Council of the Town of Aurora does
E. Stewart: hereby consent to and authorize the closing of the
accommodation road located on Part of Registered Plan 102
indicated as Part 3 on the draft Reference Plan of Survey
attached hereto. Strathy, Archibald and Seagram are to
proceed with the required works and the costs incurred are to
be charged back to Andy Investments Ltd.
CARRIED
5. L. T. D. Coverage
Buck: Resolved that Long Term Disability Insurance Coverage be put
E. Stewart: into effect as soon as possible for the thirty-two non-union
employees of the Town of Aurora. This coverage insures an
eligible employee for 66.7% of normal earnings after 17 weeks
disability up to a maximum monthly payout of $3,000.00.
CARRIED
6. B.I.A. Budget
West:
Ostick:
Resolved that the amended Business Improvement Area Budget be
accepted and that the schedule of distribution of funds to the
B.I.A. be modified to the following:
(a)
(b)
(c)
Fifty percent of the net levy, or $17,500.00 be payable
on August 30, 1985.
Twenty-five percent of the net levy or $8,750.00 be
payable on September 30, 1985.
The balance of the net levy, or $8,750.00 be payable on
October 31, 1985.
CARRIED
COUNCIL MEETING •.. WEDNESDAY, JULY 31, 1985
- 8 -
West: Resolved that the late resolutions presented be considered.
Paivio:
CARRIED
7. Pedestrian Walkway Tender Award-Forest Hill Nurseries
West:
Ostick:
Resolved that the Tender for the Pedestrian Walkway System be
awarded to Forest Hill Nurseries in the amount of $17,269.00.
This amount is subject to change dependent upon the style of
park bench accepted.
Be It Therefore Resolved that the total price is not to exceed
$18,500.00.
CARRIED
8. Watermain Tender-Bayview/Vandorf-Advice Pipelines Limited
Barker:
Buck:
Resolved that, upon the recommendation of Reid and Associates
Limited, the Tender for Alternative Water Supply -Vandorf
Road and Bayview Avenue be awarded to Advice Pipelines Limited
in the total amant of $268,480.00 subject to the availability
of funds.
CARRIED
9. Mayor and Clerk Authorization to Sign a Site Plan Agreement -604704
Ontario Inc.
E. Stewart: Resolved that the Mayor and Clerk be authorized to sign an
Barker: Site Plan Agreement between 604704 Ontario Inc. (c/o Eshagh
Ebrahimzadeh) and the Town of Aurora subject to the provision
of the required securities.
CARRIED
10. Offer to Purchase -Taeman Deyong
E. Stewart: Resolved that the Offer to Purchase of Taeman Deyong dated
West: July 29, 1985 for the lands described as Part 2, Reference
Plan 65R-4236, in the amount of $70,000.00 be accepted.
BY-LAWS
West:
Ostick:
CARRIED
Be It Hereby Resolved That:
Bill Number 2776-85 -
Bill Number 2777-85 -
•.. be read a First Time.
Being a By-Law to Approve the Sale
of Certain Lands to Edmund Foo for
the Establishment and carrying on of
an Industrial Operation
Being a By-Law to Regulate the Supply
and use of Water within the Serviced
Area of the Corporation of the Town
of Aurora
CARRIED
-------
COUNCIL MEETING ... WEDNESDAY, JULY 31, 1985
- 9 -
West:
Ostick:
Be It Hereby Resolved That:
Bill Number 2776-85 -
Bill Number 2777-85 -
Being a By-Law to Approve the Sale
of Certain Lands to Edmund Foo for
the Establishment and carrying on of
an Industrial Operation
Being a By-Law to Regulate the Supply
and use of Water within the Serviced
Area of the Corporation of the Town
of Aurora
.•• be read a Second Time.
West:
Ostick:
ADJOURNMENT
CARRIED
Be It Hereby Resolved that Section 21 of By-Law Number 2554-85
be suspended and Bill Number 2776-85 and 2777-85, now before
the Counci 1, be read a Third Time and enacted and the Third
Reading be taken as read.
CARRIED
West: Resolved that the meeting be adjourned at 10:14 p.m.
CARRIED
Q.~1.JM~~
Mayor v~ Clerk