MINUTES - Special Council - 19861029MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE BOARDROOM AT THE
YORK REGION BOARD OF EDUCATION, WEDNESDAY, OCTOBER 29, 1986 AT 7:30P.M.
Present Were: Mayor West; Councillors Barker, Buck, Jones, McKenzie,
Paivio, Pedersen, Timpson and Weller.
Also in attendance were K.B. Rodger, Clerk-Administrator; C.E. Gowan, Deputy
Clerk and S. Seibert, Director of Planning.
Mayor West advised those present that this meeting had been called as a
Pub 1 i c Meeting with respect to app 1 i cati ens for amendments to the Zoning
By-law for Frank S. Johnston and Priestly Holding Corporation, and to the
Official Plan for Priestly Holding Corporation.
The Deputy Clerk advised that the required notices of meeting were mailed on
September 23, 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 Nos. Z-10-86 and Z-39-85 began and
Mrs. Seibert was requested to outline her report.
Proposal -Applications Z-39-85 and Z-10-86 (Corridor/Avery Boland -
Revised Plans'
Director of Planning, S. Seibert advised Council that since the notice of
meeting had been ma i 1 ed out a revised application from Corridor had been
received on October 21, 1986 and a revised plan from Avery Boland was just
received this afternoon (October 29, 1986) so that the plan known as the
Willis Drive extension was no longer before Council.
R. Webb, representing Corridor, addressed Counci 1 and stated his clients'
were opposed to any road connections but would accept the ones showing an
extension to Willis Drive providing that his clients be allowed to develop
lots both north and south of the extension of proposed Willis Drive.
Mr. Webb requested that this meeting continue and that this application be
heard at this time.
The Public Meeting closed.
The Council Meeting now open.
Buck:
Paivio:
Resolved that Application Nos. Z-10-86 and Z-39-85 be deferred
until the next Special Public Planning/Council meeting
scheduled for November 26, 1986.
CARRIED
The Public Meeting now open to hear Z-36-86.
Mayor West requested the Director of Planning to outline Application No.
Z-36-86.
Proposal -Application Number Z-36-86 (FrankS. Johnston)
Location
The subject lands are located on the south side of Wellington Street East
between Wells and Larmont Streets. The surrounding lands are primarily
res i denti a 1 with some commercia 1 excepti ens occurring in the neighbouring
blocks on the north side of the street.
The lot itself supports a large two-storey brick
front with a driveway running along the east side
frame garage located at the rear of the building.
is presently being used as a greenspace.
dwelling located at the
to a small one car wood
The remainder of the lot
COUNCIL MEETING ... WEDNESDAY, OCTOBER 29, 1986
- 2 -
Proposal -Application Number Z-36-86 (FrankS. Johnston) cont'd ••.
Proposal
The applicant requests an exception to the provisions of the "R5 -Special
Mixed Density Residential Zone" and the permitted uses to allow the existing
building which fronts on Wellington Street, now used as a residence, to be
used for professional offices including medical.
Official Plan
The subject lands are designated "Urban Residential". However, Official
Plan Amendment No. 10 states:
1. Purpose
The purpose of this Amendment is to add to Urban Residential Policies of
the Official Plan contained in Section 4 (4), a policy which will permit
limited commercial uses in residentially designated areas on arterial
roads in the Town's older section.
2. Policies
Limited commercial uses, such as 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:
(i) The lands being appropriately rezoned.
(ii) The applicant enters into a site plan agreement with the
muni ci pa 1 ity.
(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.
3. Implementation
The policies of this Official Plan Amendment will be implemented through
special zoning provisions pursuant to Section 35 of The Planning Act,
and through site p 1 an agreements pursuant to Section 35 (a) of The
Planning Act.
Agency Comments
Building Department (by letter date October 17, 1986)
No objection, however, a site plan agreement will be required.
Fire Department -no objection
Leisure Services -no objection
Public Works (by letter dated October 18, 1986}
No objection provided the side and rear adjacent properties are adequately
fenced and screened. The subject property being used for commercial
purposes will require a Neptune T.R.T. or Rockwell S.R. water meter equipped
with an outside reader. All other concerns can be resolved at the site plan
agreement stage. The applicant should be aware of his requirement to direct
all surface drainage to the Wellington Street East storm sewer.
COUNCIL MEETING ..• WEDNESDAY, OCTOBER 29, 1986
- 3 -
Proposal -Application Number Z-36-86 (FrankS. Johnston) cont'd •••
Other Agencies
Lake Simcoe Region Conservation Authority -no objection
Ministry of Natural Resources -no objection
Ministry of Transportation and Communications-no objection
Regional Engineering (verbal statement on October 23, 1986)
No objection provided that sufficient offstreet parking is provided. The
applicant may require an access permit, however, this will be determined
upon submission of a site plan for approval.
Regional Planning -no objection
Regional Medical Officer of Health -no objection
Planning Considerations
The proposal would appear to conform with the Official Plan provided the
requirements of Official Plan Amendment No. 10 respecting sufficient
offstreet parking, screening of the parking, signage etc. listed above can
be met.
According to the general provisions regarding office space parking, 7
parking spaces would be required if the proposed office space were to
include the entire floor area of the existing building, 188 square metres
(approximately 2,000 square feet). If the building were to be used solely
as a medical clinic the parking requirement would be 12 spaces.
The unique depth of the lots in the applicants' block, 64 metres (210 feet)
provides a suitable area for off street parking. It is the intention of the
applicant to use the existing building and grounds for professional offices
including medical. Therefore, the proposed 14 spaces, and the relocation of
the existing garage to the southwest corner of the lot as a 15th space,
would provide sufficient offstreet parking for the proposed mixed uses.
Where a lot is used for a commercial purpose and the interior side or rear
lot lot line abuts an existing residential use then an adequate planting
strip is required as a buffer. The existing trees on the west property line
provide good screening up to within 20 feet of the existing fence at the
rear of the building. It is felt that this fence should be extended to the
existing trees and that landscaping be added to maintain the privacy of the
neighbours along the west lot line. Similarly, the rear and east lot lines
will require an adequate planting strip and fence built to by-law
specifications.
There has been some public concern over the proposed expansion of commercial
uses into a block of Wellington Street, which at the present time remains
entirely residential in use, with an indication that it might be premature.
It should be noted, however, that with the extension of Highway 404 to
Wellington Street and the pressures of the central core to expand its
commercial area, the role of Wellington Street is gradually being
redefined. Increased traffic flows have a 1 ready been directed through the
area and there is a constant pressure on the older core to expand some of
its commercia 1 area. Evidence of a similar commercia 1 exception on the
north side of Wellington, i.e., the Health Clinic at 58 Wellington Street
East has not proved detrimental to the quality of the surrounding
residential environment. In that case the exterior appearance of the
building has been maintained and considerably upgraded to blend in
harmoniously with the surrounding residential appearance of the blocks in
which it is located. The same effect has been experienced in such
conversions on Yonge Street.
In accordance with the Official Plan policies the use of the building can be
limited to a greater extent than has been applied for. This was the case in
the Health Clinic at 58 Wellington Street East where the use has been
limited to no more than two doctors at any one time.
COUNCIL MEETING ..• WEDNESDAY, OCTOBER 29, 1986
- 4 -
Proposal -Application Number Z-36-86 (FrankS. Johnston) cont'd .•.
In summary, the proposal would appear to conform to the Official Plan
provided the policies of Amendment No. 10 and the Local and Regional Agency
concerns are dealt with in a formal site plan agreement. It is suggested
that should Council determine that an amendment to the by-law is
appropriate, third reading of such by-law should await the finalization of
the site plan agreement.
Mr. A. Strong, Solicitor, representing owners of the property, stated that
this plan conforms to all requirements of the Official Plan. The use of the
building will be a real estate office, not a medical office. Mr. Strong
stated that the interior of the building will not change in any way and that
there will be no increase in the floor area.
Concerns
-traffic flow
-egress and access to property
-incompatibility
-safety for children
-undermines L.A.C.A.C. goals
-property values will devaluate
-pollution of area
The Public Meeting closed.
The Council Meeting now open.
Weller: Resolved that Application No. Z-36-86 be refused.
Timpson:
CARRIED
The Public Meeting now open.
Councillor Barker declared a Conflict of Interest in Application Nos.
OP-37-86 and Z-38-86 due to being involved with the subject application and
did not take part in or vote on any question in this regard or attempt in
any way to influence the voting on such question.
Councillor Barker left the room.
Mayor West requested Mrs. Seibert to outline Application Nos. OP-37-86 and
Z-38-86.
-Aoolication Number OP-37-86 and Z-38-86 (Priestl
Location
The subject lands are located at the northeast corner of Yonge Street and
St. John's Sideroad.
Proposal
The applicants propose to amend the land use designation applying to the
subject lands from "Rural" to "Urban Residential" in the Official Plan of
the Aurora Planning Area and the Zoning Category from "RU -Rural General"
and "EP -Environmental Protection Zone" to "RA-2 Second Density Apartment
Residential Zone" and "EP Environmental Protection Zone" in the Zoning
By-law. The amendments are required to permit the lands to be developed for
three four storey apartment buildings with a total of ninety units.
Surrounding Land Use
Site :
North:
South:
East
West :
undeveloped rural
undeveloped rural
large lot detached residential
rura 1 res i denti a 1
undeveloped rural
'• ., •• ~J
COUNCIL MEETING ..• WEDNESDAY, OCTOBER 29, 1986
- 5 -
Number OP-37-86 and Z-38-86 (Priestl
Official Plan
The subject lands are currently designated "Rural". The applicants propose
to redesignate the lands to "Urban Residential" which would permit the
proposed development.
Agency Comments
Director of Public Works (by letter dated October 14, 1986)
1. Developer would have to review servicing feasibility, however, cost
sharing for water distribution and sanitary sewer are anticipated.
2. Cost sharing for the reconstruction of St. John's Sideroad would in all
likelihood be required in conjunction with the developer to the south.
3. Location of entrance to St. John's Sideroad must be thoroughly
investigated due to required grade changes, visibility limitations etc.
4. M.T.C. would have to approve Yonge Street access.
5. Storm water management details should be considered at this time.
6. All other technical concerns can be addressed at the site plan stage.
Fire Department (by letter dated October 10, 1986)
Be advised that the Fire Department has no objection to the aforementioned
proposal provided subsection 3.2.5. "Provisions for Fire Fighting", of the
Building Code are adhered to, and in particular article 3.2.5.3 (1), "An
adequate water supply for fire fighting shall be provided for every
building, and article 3.2.5.3 (2) Hydrants shall be located within 90 metres
horizontally of any portion of a building perimeter which is required to
face a street in subsection 3.2.2".
Building Department (by letter dated October 17, 1g86)
I presume the site will be serviced by full municipal services. In my
opinion, I think the site lends itself to apartment buildings in a "rural"
surrounding with ample green space available.
Other Agencies
Ministry of Transportation and Communications (by letter dated October 7
1g86 1
Although this Ministry has no objections to the proposed rezoning we advise
that access to the subject lands will be restricted to St. John's Road with
no direct access to Highway 11.
This Ministry will require that all buildings be setback a minimum distance
of 14 m ( 45 feet) above and be 1 ow around from our highway property 1 i ne.
Permits will be required from all buildings, signs and illumination prior to
any construction being undertaken. Permits may be obtained from our
district office located at 5000 Yonge Street, Willowdale, Ontario. M2N 6E9
(224-7480).
Lake Simcoe Region Conservation Authority (by letter dated October 10,
1986)
Our review of the above application indicates that considerable portions of
these lands are susceptible to flooding during a Regional storm. We would
however have no objection to the requested c 1 ass i fi cations for those 1 ands
located above the Regional storm floodline elevation of 251.9 metres C.G.O.
Ministry of Natural Resources (by letter dated October 15, 1986)
Based on the policies and programs of this ministry, we would have no
objection to their approval. Please advise us of your decision.
COUNCIL MEETING •.. WEDNESDAY, OCTOBER 29, 1986
- 6 -
Proposal APPlication Number OP-37-86 and
Cor[?Oraff on cont'a ...
Z-38-86 (Priestl
Ministry of Agriculture and Food (by letter dated October 20, 1986)
Staff of the Ontario Ministry of Agriculture and Food have reviewed the
above development proposal. Consideration has been given to the proposal in
terms of the goals and objectives of the Ministry and of the criteria and
policies outlined in the Food Land Guidelines.
Of the 5.8 hectare site there is a small area of approximately 2 hectares
that has been farmed. However, in view of the fact the site is very small
and is isolated from any other agricultural uses by wet lands, ravines and
the highway, the amendment is of little concern to this ministry.
Planning Considerations
The applicant proposes to amend both the Official Plan and Zoning By-law to
permit the construction of three, four storey apartment buildings containing
a total of 90 units.
Since the surrounding lands are generally undeveloped and rural in
character, this proposa 1 if it were to proceed would represent a major
change in land use policy for the area. The current Official Plan
designates all the lands east of Yonge Street and north of St. John's
Sideroad as "Rural". The predominant uses permitted under this designation
are agriculture, forestry and activities connected with the conservation of
soil and wildlife. Although it is only a staff document at present, the
Draft Official Plan would designate the subject lands and others on the
north side of St. John's Side road, "Rura 1" as we 11. The 1 ands on the south
side of St. John's Sideroad would be designated "Urban Separator".
This designation is intended to have the purpose of "retaining the rural
character of the lands adjacent to major transportation arterials as well as
Aurora's neighbouring municipalities". The permitted uses would be "very
large residential lots which are compatible with a rural setting, very
1 imited commercia 1 uses on 1 arge 1 ots, such as country inns, horseback
riding estab 1 i shments, hobby farms and such other uses as are considered
compatible with the goal of ensuring an urban separator and maintaining the
rural appearance of the area". Since it is the intention of both the
current and proposed policies to retain the rural character of this area,
and provide a buffer or separator between Aurora and Newmarket it would
appear that the proposed development would be an aberration of the intended
policy and possibly set a precedent leading to a revised land use policy for
all lands in this area.
The Urban Residential Development Policy in the current Official Plan
outlines policies to regulate the form and structure of the Town. Section
8.B.1 (d) states as follows:
(d) Urban residential development shall be predominately low density, single
family residential. Apartment buildings, 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 schools, 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.
·--·'
COUNCIL MEETING ••• WEDNESDAY, OCTOBER 29, 1986
- 7 -
Number OP-37-86 and Z-38-86 (Priestl
With regards to the proposed development it would appear that it does not
meet the policies of Section 8 B 1 (d) (i) and (ii) since it is located 1.8
km (1.1 miles) from the Central Business District and 1 km (0.6 miles) from
the nearest shopping facilities. Since the proposed lands are located north
of the current servicing boundary (the south side of St. John's Sideroad)
the provisions of Section 8 B 1 (d) (iv) do not appear to be met.
The subject lands are located in a highly visible location at the gateway to
Aurora from the north. Hence, any development proposal should be given very
careful consideration in terms of suitability of the use, visual impact and
functionabil ity of the site. Although it would appear that the proposed
development would greatly alter the character of the area, and may be
considered premature at this time, the desirability of the site for an
intensive use cannot be denied. Since this proposal is located in a
somewhat undeveloped area and outside the current servicing boundary, and
would involve a major change in land use policy for this area, it is
suggested that the application be referred to the Official Plan Review
Committee for further study of both the subject lands and those surrounding
it.
Mr. B. Corbett, representing the owner of the property, addressed Counci 1
and stated that this property is registered in the name of Priestly Holdings
and that Mr. Priestly intends to develop the property. It will be three
four-storey condominium buildings. The area is fourteen acres and only four
acres will be covered by the bufldings and a small recreational building to
service the residents of the apartments.
A ten acre parcel will be deeded to the Town. Expected population will be
225 to 260 persons.
Concerns
-height of buildings
-density -too high
-condition of St. John's Sideroad
-swampy land
-invasion of privacy
-compatibility with surrounding areas
The Public Meeting now closed.
The Council Meeting now open.
Buck:
Timpson:
ADJOURNMENT
Timpson:
Mayor
Resolved that this Application be supported in principle and
referred to Planning Committee for further consideration
under the Official Plan Review.
CARRIED
Resolved that the meeting be adjourned at 10:25 p.m.
CARRIED
Clerk