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MINUTES - Special Council - 19860430MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE BOARDROOM AT THE YORK REGION BOARD OF EDUCATION, WEDNESDAY, APRIL 30, 1986 AT 7:30P.M. Present Were: Mayor West; Councillors Buck, Jones, McKenzie, Paivio, Pedersen, Timpson and Weller. Councillor Barker was in hospital. Also in attendance were S. Seibert, Planner; K.B. Rodger, Clerk- Administrator; and C.E. Gowan, Deputy Clerk. S. Seibert, Planner outlined to the audience the process which takes place when an Official Plan Amendment and a Zoning Amendment are received. Mayor West ad vi sed those present that this meeting had been ca 11 ed as a Public Meeting with respect to applications for amendment to the Official Plan for Lucy Construction (Elderberry Trail); and for amendment to the Zoning By-1 aw for the United Church of Canada, Dr. S. Armata, Mui rl and Holdings, Lucy Construction, and W. Grover. The Deputy Clerk advised that the required notices of meetings were mailed on March 19, 1986 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. The Public Meeting to hear Application No. Z-12-86 is now open. Mayor West requested the Planner to outline Application No. Z-12-86. Application No. Z-12-86 -United Church of Canada -Proposed Commercial Block Murray Drive at Seaton Drive Location The subject property is located on the south side of the intersection of Murray Drive and Seaton Drive. Proposal The applicants propose to rezone the subject property from "!-Institutional" to "R2-Detached Dwelling Second Density Residential Zone" and "C1-Local Commercial Zone" to permit the site to be developed for four re:>zidential lots and a local commercial facility having approximately 375 m (4,000 square feet) of floor area. Twenty-seven car parking spaces are proposed for the site as well as a loading area. Official Plan The subject site is designed Urban Residential in the Official Plan. The Urban Residential category provides as follows: "The Urban Residential classification of land means that the predominant use of the land in areas so designated 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. Such complementary uses may include schools, parks, churches, nursing homes, day nurseries, and public utilities. Certain compatible home occupations shall also be permitted provided the home occupation is accessory and subsidiary to the residential use; such uses may include physicians' and dentists' offices in their principle residence." The four residential lots proposed on the site have frontages and dimensions which would be compatible with the surrounding area in general terms. No consent or subdivision applications have been received to create these lots at this time. SPECIAL COUNCIL MEETING ... WEDNESDAY, APRIL 30, 1986 - 2 - Application No. Z-12-86 cont'd .•• In respect to the commercial part of the proposal, as was noted above, local commercial uses are permitted in the residential land use category. There are, however, criteria under which these local commercial uses would be considered appropriate. These criteria are listed below. Local Commercial Uses Within Urban Residential Areas ( i) Loca 1 commercia 1 uses permitted shall be 1 imited to retail or service stores of a convenience type only which provides for the daily shopping needs of the immediate residential area. ( i i) ( i i i ) (iv) (v) (vi) The location of local commercial uses shall be restricted, where possible, to arterial or collector roads and not local roads with the indiscriminate scattering of these uses being discouraged. Local commercial uses shall be encouraged to locate in groups and preferably where access to a major road is assured. Local commercial uses shall be so situated so as to minimize their effect on adjacent residential uses. Provisions shall be made to preserve 1 and for buffer p 1 anti ng or screening between commercia 1 uses and adjacent residential areas. Adequate off-street parking and off-street loading facilities shall be provided. Local commercial uses may be located on the same lot as a residential use. The buildings containing the local commercial uses shall be designed and 1 ighting and signs arranged so as to blend in with the character of the .adjacent residential uses. The floor area of any local commercial use shall not exceed 185 square metres. Preferably, two or three local commercial uses should be grouped with a maximum of 550 square metres of commercial floor space permitted in any one group. Local commercial uses shall be included in a separate zoning category in the implementing zoning by-law. Criteria ( i) would be contra ll ed through the zoning by-1 aw which 1 imi ts the uses in the C1 category to "convenience retail store personal service shops, one apartment dwelling unit''. Criteria (ii) restricts the uses where possible to arterial or collector roads. Murray Drive is a collector road built to a collector standard. Indiscriminate scattering of these uses is to be discouraged. Both Residential Secondary Plan Studies which have been prepared by the Town have provided for a local commercial facility to service the neighbourhood. The provision of such a site is considered to be in accordance with good planning principles so hat the neighbourhood is provided with a full range of conveniences within walking distance of most of its residences. In considering plans of subdivision, it is standard practice to examine the location of commercial facilities in relation to the plan. In order to ensure that commercia 1 faci 1 i ties could be accommodated in the Secondary Plan Areas, the plans specifically provided for these uses. The present proposal differs somewhat from the Secondary Plans areas in that it involves an existing neighbourhood parts of which are thirty years old. The commercial use was not contemplated throughout any of the subdivision planning for the area since the area was not formally Secondary planned and on these bases conformity with this section of the plan must be questioned. SPECIAL COUNCIL MEETING ••• WEDNESDAY, APRIL 30, 1986 - 3 - Application No. Z-12-86 cont'd ••• Criteria (iii) requires that local commercial uses must be situated so as to minimize their effect on adjacent residential uses. As well, buffer planting, screening, parking and loading facilities must be provided. This section does not address compatibility with adjacent uses other than residential, however, it is suggested that compatibility with other uses permitted in the residential category is implied. In the subject instance, surrounding uses are as follows: to the south, Regency Acres Public School; to the north, proposed res i denti a 1 ; to the west, 1 andl ocked vacant institutional land; to the east, existing residential. The York Region Board of Education is particularly concerned with the potential impact of the commercial facility of the Regency Acres Public School. This school, which had a September enrollment of 745 students, is the largest school within the municipality. It was built in 1959 and had additions added in 1965 and 1971. The site is 2.89 acres. The present standard for a minimum school site as set by the Board is 6 acres. Schoo 1 Board staff have advised that a formal letter of objection to the proposal will be forthcoming following the School Board meeting to be held on April 28th. It is understood that its main concern is with pupil safety which it feels will be endangered by increased traffic in the area resulting from the commercial site being developed. The area is congested at school arrival and dismissal times and several measures have been taken to alleviate the safety concerns including the establishment of multi-way stops and an off-street loading and parking area on the boulevard. Criteria (iv) allows for residential uses on the same site as the commercial facility but requires that buildings be designed and lighting and signs arranged so as to blend in with the character of the adjacent residential area. If the proposal is approved careful consideration must be given in the site plan agreement to these issues as well as to screening, landscaping and location of the building. Criteria ( v) 1 imi ts the floor area of any one commercia 1 use to 185 m2 (approximately 2,000 square feet) and suggests that two or three stores or service uses should be grouped with a maximum floor area of 550 square metres (approximatezly 6,000 square feet). The subject proposal having a floor area of 375 m (approximately 4,000 square feet) meets this criteria. Criteria (vi) has been provided for in the overall by-law. Comment The res identi a 1 component of the subject proposa 1 would appear to conform with the Official Plan. The commercial component of the proposal meets a number of the criteria as set out in the Official Plan for the location and establishment of local commercial uses. Of particular concern, however, is the degree to which successful minimization of the proposal commercial use can be achieved especially in relation to the very lar~e adjoining elementary school. A further concern relates to Criteria (ii) of the Official Plan which indicates that indiscriminate scattering of local commercial uses should be discouraged. To avoid this problem it has been normal practice to allow local commercial in areas where through a secondary plan study, the need for the use and an appropriate location for the use have been determined. Comments Thirty-four (34) citizen objections had been received at the date of writing of this report. Two (2) citizen petitions received. Mr. McPherson, Solicitor representing the owner of the proposal site, stated that this was to be a convenience store for the neighbouring residents and that screening had been included in the design. SPECIAl COtJNe·rt· MEETING ~ .• WEDNESDAY, APRIL· 30, · 1986 - 4 - Application No. Z-12-86 cQnt'd ••• ' Concerns strip plaza danger for children hours the store would be open litter hangout, loitering problem only park in area for children to play not compatible to surrounding area devaluation of property increased traffic wood lot would be destroyed safety of children signs video machines, porn magazines available for children Mr. McPherson requested that this Application be withdrawn at this time. The Public Meeting to hear Application No. Z-11-86 is now open. Mayor West requested Planner to outline Application No. Z-11-86. Application Z-11-86 -Dr. S. Armata (Proposed Condominium, George Street) Sue Seibert advised those present that Council at its Public Planning meeting of October 2, 1985 had as an agenda item Z-30-85. That application was withdrawn at the meeting. The present application Z-11-86 is very similar. One residential unit has been added. No additional parking has been supplied so that the parking ratio is reduced somewhat from two cars per unit. These changes do not significantly affect the proposal, although the previously proposed parking ratio of two spaces per unit is desirable in a condominium project. Therefore, the report respecting Z-30-85 is outlined below since conditions other than those listed above remain the same. Application Z-30-85 Location The subject site is located on George Street directly north and abutting the George Street School and west of Collis Leather. Proposal The applicant proposes to rezone the subject property from "R2-Detached Dwelling Second Density Residential" to "RA2-Second Density Apartment Residential Special" to permit an eleven unit apartment building on the subject site. The proposal is for units having 1,170 square feet, each with two bedrooms and a sunroom. The applicant proposes to supply two parking spaces for each unit. The proposed building is two stories in height. It is to be located to the rear of an "L" shaped lot which is under consideration for approval by the Committee of Adjustment. The parking for the project would be located at the front of the property adjacent to George Street. The building would be located on a part of the lot which slopes to the east toward toward the Collis Leather property. Its height at George Street would, therefore, not be higher than the existing buildings on that street. SPECIAL COUNCIL MEETING .•. WEDNESDAY, APRIL 30, 1986 - 5 - Application No. Z-11-86 cont'd ••• Official Plan The subject property is designated urban residential in the Official Plan. The Official Plan sets several conditions under which apartment buildings, row houses, maisonettes and other multiple family accommodation containing ten or more units shall only be permitted. The conditions are as follows: II ( i) ( i i) (iii ) ( i v) (v) in proximity to the Central Business District; or in proximity to shopping centres; or adjacent to arterial roads; and where it is previously established that the schools, parks, roads, sewers and watermains, and other municipal services are adequate; and 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 subject site is located approximately 240 metres from the Central Business District. It is not in proximity to a shopping centre or adjacent to arterial roads. The property is directly abutting a school, and park area. George Street has recently been reconstructed and is fully serviced. It is unlikely that traffic problems would be encountered due to an eleven-unit building. Comment The subject property is bounded on two sides by nonresi denti a 1 uses; the school and municipal park/swimming pool, and Collis Leather. To the north is a detached residential dwelling. Similar residences are located to the west across George Street. The location of the property is, therefore, somewhat unique in that it abuts institutional and industrial uses as well as residential. The building proposed has been designed to blend with the low-rise neighbourhood on George Street. A similar low-rise apartment building is located just north of Tyler Street on George Street. Staff is not aware of any traffic or other problems associated with that building. The lands on which the proposed building would be located slope toward the rear of the property where the building would be located, thus reducing the impact of the building on the surrounding neighbourhood. Existing vegetation on the site a 1 ong both the north and south boundaries waul d be maintained under the design submitted. The proposal would provide an alternative form of tenure, i.e., condominium for prospective purchases while maintaining a low-rise setting. The applicant has indicated that the building would be limited to adults. The zoning by-law is not able to address that type of issue, although the owner may be able to through sales agreements. Agency Comments South Lake Simcoe Conservation Authority Ministry of Transportation and Communications Medical Officer of Health no objections. -no objections. no objections. Mr. Bowman, representing Dr. Armata, showed an architectural diagram as to how the apartment building would be located. SPECIAL COUNCIL MEETING ••• WEDNESDAY, APRIL 30, 1986 - 6 - Application No. Z-11-86 cont'd ••• Concerns single family home area increased traffic safety of children does not meet criteria precedent setting area changing at too fast a pace devaluation of property spot zoning plans as shown misleading noise level -school -pool Support need place for older people to live can walk to center of town from this area blends in with surroundings D.P. review made no mention of changes in this area The Public Meeting on this Application is now closed. The Council Meeting is now open. Timpson: Resolved that this Application be denied. Pedersen: CARRIED. The Public Meeting is now open to hear Application Z-15-86. Mayor West requested the Planner to outline Application Z-15-86. Application No. Z-15-86 -Muirland Holdings -Lutheran Church Site Location The subject lands are located on the north side of Wellington Street West directly east of McLeod Drive. Proposal The applicant proposes to amend the zoning by-law from "!-Institutional" and "H-Holding" to "!-Institutional" "R2-Detached Dwelling Second Density Zone" and "0-Major Open Space" to permit the lands to be developed for a ten-lot residential subdivision in addition to the church which is presently located on the property. The lands at the northerly end of the property are mainly floodplain and will be conveyed to the Town to be used for Parkland/Open Space forming part of the open space system being developed on the lands to the north and west of the subject lands. The residential lots proposed range in area from 646.2 square metres (approximately 7,000 square feet) to 2,146 square metres (approximately 23,090 square feet). The church block is 11,010 square metres (approximately 2.7 acres) in area. The Parkland/Open Space block is 15,307 square metres (approximately 3.8 acres) in area. Access to the Church would be by way of McLeod Drive as a one-foot reserve will be conveyed a 1 ong the frontage of the property. The 1 ots on the east side of the plan all have 26.02 metres (approximately 85 feet) of width at the rear lot line which was agreed upon during the consideration of the plan of subdivision. Lot 6 on which the Church manse is presently located has a side 1 ot 1 i ne adjacent to the easterly property 1 i ne has 29.02 metres (approximately 95 feet) of width at this property boundary. SPECIAL COUNCIL MEETING .•• WEDNESDAY, APRIL 30, 1986 - 7 - Application No. Z-15-86 cont'd ••• Official Plan The subject property was designed urban residential through the Aurora West Secondary Plan. Churches and parks are permitted uses in the Urban Residential land use category. Comment A draft plan of subdivision of the property received approval by Regional Council on October 10, 1985. During that draft approva 1 process, 1 oca 1 Boards and agencies as well as Provincial and Regional Ministries and departments, commented on the proposal and found it technically acceptable. Council in its consideration of the proposal had discussions about local concerns which resulted in the rear lot widths adjacent to the easterly property boundary being set at approximately 85 feet minimum. Since the plan has been draft approved it would seem appropriate that zoning by-law be proceeded with. Addendum to Report re: Z-15-86 Mr. A.C. Farrell of 2 Kenlea Court has requested that a number of issues relating to this application be considered. A copy of his letter is attached. Council has discussed a number of these issues in connection with the draft approval. Copies of excerpts of these meetings are also attached. Renzo Bell uz, representing the Deve 1 oper and the Lutheran Church, ad vi sed Council that this was an infill development. Concerns trespassing need bungalow type homes on lots landscaping garbage fences should be provided traffic -Wellington Street West speed limits should be reduced use of open space like to see houses set well forward on lots -provide large buffer easement for water service The Public Meeting on this Application is now closed. The Council Meeting is now open. Timpson: Weller: Resolved that the Planner be directed to prepare the necessary by-law; and Be It Further Resolved that the Subdivision Agreement show a service easement between Lots 8 and 9. CARRIED. The Public Meeting to hear Application Nos. OP-13-86 and Z-14-86 is now open. Mayor West requested the Planner to outline Application No. OP-13-86. SPECIAL COUNCIL MEETING ••• WEDNESDAY, APRIL 30, 1986 - 8 - Aoolication Nos. OP-13-86, Z-14-86 Luc Subdivision -Elderberry Trai Location Construction (Prooosed The subject lands are located near the westerly end of Elderberry Trail on the north side between Elderberry Trail and the Canadian National Railway tracks. Proposal The applicants propose to amend the Official Plan and Zoning categories applyin\1 to the area from Major Open Space ("0") to Estate Residential ("E.R."J to allow the subject lands which are 2.71 ha in area (6.72 acres) to be developed for four estate residential lots on a cul-de-sac running northerly from Elderberry Trail. Lot sizes range from .44 ha (1.08 acres) to 91 ha (2.25 acres). Existing Official Plan and Zoning The subject lands are currently designated as Major Open Space. This designation was ori gina lly app 1 i ed to the 1 ands because of the 1 ow lying depression areas, lack of tree cover, severe slopes and the fact that the area is immediately adjacent to a railway track. It was originally recommended that the Open Space area be much larger, around 28 acres, to pro vi de greater buffer area from the tracks. The site in the ori gina 1 concept was to be used in connection with the overall horseback riding theme of the subdivision. The site was also to be used for storm water retention. The areas shown in shading on the attached reduced p 1 an are storm water easements. Several of these easements are to direct storm water into the large area under easement on Lots 3 and 5. While it is unlikely that all these areas will retain water over an extended time period because of the soils, the area should remain open and free from buildings or other obstructions. Comment The proposed lots with the exception of Lot 4 are considerably smaller than the two-acre requirements in estate residential areas. Lots 1 and 2 are 1.2 acres and Lot 3 is 1.08 acres. All lots are somewhat constrained by the drainage easements although Lot 4 is very constrained since there is a large stormwater detention pond which is largely within the confines of that lot. The stormwater detention pond is under easement to the Town which prevents the use of these areas for buildings or structures. At least part of this area is currently under water and it would appear that it remains in that state for a good part of the year. The Official Plan requires that any Estate Residential lot should be large enough to accommodate the resi denti a 1 and accessory buildings and a 1 so a tile filed for the septic system and a reserve tile field. The road a 11 owance proposed for Street "A" is 18.288 metres ( 60 feet). The Town's normal minimum width requirement for all road allowances is 20 metres (approximately 66 feet). The turning circle radius is similarly undersized being 18.288 metres (60 feet) whereas the Town requires 23 metres on a rural cul-de-sac. An increase in cul-de-sac radius wi 11 reduce the a 1 ready very limited lot sizes. The Estate Residential category sets out a number of locational criteria for determining suitable areas for estate residential development. Areas which are considered unsuitable include, areas in such a relationship to major highways, airports, railways, Hydro transmission lines and other surface utilities as would be likely to seriously prejudice the character of the area and its quiet enjoyment by future residents. SPECIAL COUNCIL MEETING .•• WEDNESDAY, APRIL 30, 1986 - 9 - Application Nos. OP-13-86, Z-14-86 The subject lands are directly abutting a railway line which would be considered an unsuitable area for Estate Residential in accordance with the Official Plan. In addition, the Official Plan requires that any proposed amendment to the Official Plan be supported by a detailed landscape analysis, site plans and engineering studies. This supporting documentation has not be submitted. Comments Attached 1 etter form Brown & Storey Architects on beha 1 f of Mr. & Mrs. David & Sharon Smith. Regional Planning questioning conformity with the Official Plan because of the railway line. Points out that the area was to be for the benefit of all residents of the subdivision and should remain that way. Concerns open space noise fires from railroad premium price paid for lots backing onto open space change in lot sizes The Public Meeting on this Application is now closed. The Council Meeting is now open. Buck: Resolved that this Application be denied. Jones: CARRIED. The Public Meeting to hear Application No. Z-16-86 is now open. Mayor West requested the Planner to outline Application No. Z-16-86. Application No. Z-16-86 -W. Grover (Proposed Subdivision, Bathurst Street) Location The subject lands are located adjacent to Bathurst Street between the southerly and northerly extensions of Whispering Pine Trail. The northerly 1 ands were deve 1 oped by Wimpey and the southerly 1 ands are under development by Southold Developments Limited. Proposal The applicants propose to rezone the subject lands to allow for the deve 1 opment of e 1 even detached res i denti a 1 1 ots on 2. 32 ha ( 5. 73 acres). The lots proposed average 1,827 square metres (approximately 19,650 square feet) in area. The normal suburban residential R1 Detached Dwelling First Density Residential Zone required 2,000 square metres of area. The applicant has, therefore, requested that the zoning be R1 and R1-1 Detached Dwelling First Density Residential Exception to allow for the smaller lot sizes. Official Plan The property is currently designated Suburban Residential in the Official Plan. The following policies apply to Suburban Residential areas. (b) Suburban Residential Policies i) That Suburban Residential shall include single family units only with a minimum lot area of 0.3 hectares (one-half acre); SPECIAL COUNCIL MEETING ••• WEDNESDAY, APRIL 30, 1986 -10 - Application No. Z-16-86 cont'd ••• ii) That all Suburban Residential lots shall be of sufficient size, type and adequate phys i ca 1 characteristics to meet the requirements of the Regional Medical Officer of Health in regard to the proper functioning of a Class IV type individual sewage disposal system. iii) That the municipality will exercise discretion in the review of proposed development in ''Suburban Residential" areas so as to ensure that lot sizes or densities relate satisfactorily to the physical characteristics, such as topography and soils, of the particular site. iv) That in order to assist Council in determining suitable lot design, applicants for development proposals in areas designated for Suburban Residential land use will be required to produce detailed reports and mapping at a minimum scale of 1:1,200 (1" -100') showing existing grades, vegetation cover, soil characteristics and groundwater levels. The report should also provide detailed proposals concerning the . following: a) methods of erosion control and slope stabilization; b) the locations of and methods of ensuring proper functioning of the septic tank systems and tile fields; and c) proposed alterations to grades and vegetation cover. The Ministry of Natural Conservation Authority and be consulted to assist development. Resources, the South Lake Simcoe the Medical Officer of Health will Council in eva 1 uati ng proposed v) Where the existing topography and vegetation provides inadequate screening adjacent to Regional roads, tree planting and landscaping shall be provided in order to screen dwellings from vehicular traffic and to provide as much privacy and enclosure as possible. vi) No dwelling shall be erected where there is danger of flooding, subsidence or erosion. Clause (ii) does not apply in this case as full municipal services are required on the site. The other provisions apply to the subject lands and the required studies should be carried out prior to draft approva 1 and rezoning of the subject lands so that the size and configuration of lots approved are compatible with the actual land form. Comment The subject lands are designated for Suburban Residential development in the Official Plan and generally meet with the criteria for that type of development. On that basis, the application would appear in principle to be acceptable. However, as is stated in the Suburban Residential Policies, in order to determine suitable lot design, particularly in this area, part of which is quite low lying, it is felt that the reports and mapping dealing with vegetation cover, soil, groundwater levels, etc., should be carried out prior to agreeing to the specific lot design. It is, therefore, suggested that prior to agreeing to the requested rezoning, the detailed studies should be carried out. Mr. R. Flood, representing the owners of the property, advised that this is an infill subdivision of 5.7 acres. Larger lots back onto Bathurst Street. SPECIAL COUNCIL MEETING ••• WEDNESDAY, APRIL 30, 1986 -11 - Application No. Z-16-86 cont'd ••• The Public Meeting on this Application is now closed. The Council Meeting is now open. Jones: Paivio: CORRESPONDENCE Resolved that the Planner's Report be accepted and when all necessary reports are received, the Planner be authorized to prepare the necessary by-law. CARRIED. 1. Letter 10-106 -Site Plan Agreement Authorization -Dr. R.P. Center - 58 Wellington Street East Timpson: Buck: ADJOURNMENT Timpson: Weller: Mayor Resolved that the Mayor and the Clerk-Administrator be authorized to sign a Site Plan Agreement between The Corporation of the Town of Aurora and Doctor Richard Paul Center. CARRIED. Resolved that the meeting be adjourned at 11:00 p.m. CARRIED. Clerk