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MINUTES - Special Council - 19930429TOWN OF AURORA SPECIAL COUNCIL -PUBLIC PLANNING MEETING NO. 12-93 Council Chambers Aurora Town Hall Thursday, April 29, 1993 7:30p.m. MINUTES COUNCIL MEMBERS IN ATTENDANCE STAFF MEMBERS IN ATTENDANCE Mayor West in the Chair; Councillors Constable, Griffith, Healy, McKenzie, Pedersen, and Timpson. Councillor Jones was absent on Town business. Councillor Weller was absent on vacation. Acting Municipal Clerk, Director of Planning, Director of Building Administration, and Recording Secretary. Mayor West advised that this meeting had been called as a Public Meeting with regard to the proposed rezoning amendment by DiBlasi/Calamia, Part of Lots 11 and 12, Concession II E.Y.S, 13900 Leslie Street, D14-03-93 and with regard to proposed General Zoning By-law Amendment D14-13-92. The Public Meeting procedure and the opportunities available for concerned residents to ask questions of the proponents or the applications scheduled for consideration were explained. Mayor West advised that any person who wished further notice of the passage of the proposed By-laws under consideration could sign the forms available. The Acting Municipal Clerk advised that the required Notice of Meeting for Application D 14-03- 93 was mailed on April 7, 1993, in compliance with the Planning Act, by First Class Mail, to the addresses within 120 metres of the area shown on the last revised assessment roll of the Town of Aurora to which the proposed By-law would apply. The necessary sign was posted on the property in accordance with the rules of procedure under the Planning Act. He also advised that the required Notice of Meeting for Application D14-13-92 was published in the April 2, 1993, issue of the Era Banner, in compliance with the rules of procedure under the Planning Act. To supplement the publication of this notice, copies of Staff Report PL93-18 and the advertised notice were served by First Class Mail to Boards, Commissions, Authorities, and other Agencies in accordance with section 34 of the Planning Act, as well as the Clerk and Secretary, Planning Committee, of each bordering municipality. DECLARATION OF CONFLICT OF INTEREST Councillor Timpson declared a possible Conflict of Interest in Report PL93-030-121, General By-law Amendment, Application Dl4-13-92, with respect to buffer strip requirements for schools, due to employment with the York Region Board of Education, and did not take part in or vote on any questions in this regard, or attempt in any way to influence the voting on such questions. ·:. Aurora Public Planning Minutes No. 12-93 Thursday, April29, 1993 Page2 Councillor Healy declared a possible Conflict of Interest in Report PL93-030-121, General By- law Amendment, Application D14-13-92, with respect to buffer strip requirements for schools, due to employment with the York Region Board of Education, and did not take part in or vote on any questions in this regard, or attempt in any way to influence the voting on such questions. APPROVAL OF AGENDA #247. Moved by Councillor Timpson Seconded by Councillor Healy THAT the content of the Agenda be approved as outlined herein. CARRIED PLANNING APPLICATIONS PL93-029-120 -Proposed Zoning By-law Amendment. DiBlasi/Calamia. Part of Lots 11 and 12. Cone. 2 Former Township of Whitchurch. 13900 Leslie Street D14-03-93 The Director of Planning explained that the amendment would facilitate a severance of approximately 5-1/2 acres from a larger parcel of land to create a residential lot. The Committee of Adjustment approved this consent subject to a list of conditions, one of which was obtaining a rezoning to Rural Residential. Accordingly, this matter is basically administrative in nature. Mr. Mitchell was present on behalf of the applicants. However, no concern was expressed by members of the public. The Public Meeting closed at 7:30p.m. and Council's deliberations began. #248. Moved by Councillor McKenzie Seconded by Councillor Constable THAT the requested amendment be approved in order to rezone the subject lands from Rural General (RU) Zone to Rural Residential (R) Zone. CARRIED At this point in time, Councillor Timpson left the meeting. PL93-030-121-General By-law Amendment: D14-13-92 The Director of Planning explained that, during the course of administration of the Zoning By- law, certain issues requiring clarification surface. In addition, it becomes necessary from time to time to address the need to have the Zoning By-law evolve in pace with current trends. As part of this review, Staff were provided with guidance by an Ad Hoc Committee of Council. ----· -~:.::., .• :.:.~~. "'''~-····~~"" ••---·~-.. -~~-;;...:__,~_:-"··;,,_,-'".-c•~~~~~~~••"'"'~---=~<c~==<'"•""="'"'·~·'·c.'"-·'•""-'~"''"~""•'-•-~•-,_,.,,,, •. _., • ...: .•. ,,c, _____ - Aurora Public Planning Minutes No. 12-93 Thursday, April29, 1993 Page 3 The Director then addressed the question of adult entertainment and body rub parlours. Although applications have not been received to date, neighbouring municipalities have had to deal with requests. Since such establishments cannot be prohibited, the Committee indicated that establishing a regulatory by-law in addition to the proposed Zoning By-law amendment would restrict locations to the General Industrial Specific (M5-1) Zone in addition to creating distance separations from major streets and certain land uses, thereby minimizing the impact on such neighbouring land uses. The Director then described in general terms proposals for the interaction between the zoning and regulatory by-laws. She indicated that further study is warranted. Accordingly, it is recommended that approval in principle to the proposed amendments be granted, with Staff reporting again following a detailed review and co-ordination of the proposed zoning and regulatory by-laws. The Director indicated that billiard halls are currently permitted in C2 and C4 zones, however, the existing regulatory by-law prohibits their location on Wellington or Yonge Streets. Following receipt of legal advice, it is recommended that the interaction between the zoning and regulatory by-laws be revisited with a further report following such investigation. The existing regulatory by-law defmes "places of amusement" in a manner that includes video arcades and requires compliance with the Zoning By-law. However, the current provisions of the Zoning By-law do not define or recognize places of amusement or video arcades as a permitted use. It is recommended that the regulatory by-law continue to prohibit this use on sites abutting Yonge and Wellington streets and that the Zoning By-law be amended so that a "place of entertainment" shall include a "place of amusement". With respect to administrative aspects of the proposed General Zoning By-law amendment, the Director stated that decks are currently included in the calculation of lot coverage. Typically, newer residential premises are constructed to the maximum lot coverage. The Committee has considered the need to accommodate typical deck designs while ensuring that infringement of the privacy of neighbouring owners be kept to a minimum. Concerns relating to the enforcement of existing provisions with respect to the parking or storage of commercial vehicles in residential zones have been identified. It is recommended that vehicle gross weight ratings and lengths be set at 3,900 kg and 6.0 metres, and prohibit mobile construction equipment and farm tractors. Other suggested modifications include: an amended definition of parking space in order to address commercial or derelict vehicles; an amendment to prescribe maximum driveway width proportionate to lot frontage with respect to off-street parking in yards; a specific reference to medical practitioners as an example of home occupations; a parking standard for golf courses; an amendment recognizing the past and current practice regarding buffer strip requirements for schools; and site specific amendments with respect to interior side yard setbacks, and to correct previous drafting errors. Public's Comments Public comments included requests for clarification of the legal implications affecting billiard halls including hours of operation, locations and the limit regarding the number of amusement devices or billiard tables. The Director of Planning indicated that the Town is currently attempting to establish acceptable zoning definitions and locations for these uses. The regulatory issues are not being addressed at this time; however further public meetings will be scheduled when the regulatory by-laws are tabled for review by Council. The Director also clarified that the recommended standard for a deck was with respect to the minimum side yard requirement. ·- Aurora Public Planning Minutes No. 12-93 Thursday, April29, 1993 Page 4 The Public Meeting closed at 8:10p.m. and Council's deliberations began. #249. Moved by Councillor Griffith Seconded by Councillor Constable THAT, given the complexity of the issues related to adult entertainment and body-rub parlours, billiard halls and places of amusement and the need to co- ordinate the Zoning By-law amendments with the proposed Regulatory/Licensing By-laws, Council grant approval in principle to the proposed amendments and that staff report further when all draft by-laws have been reviewed; THAT consideration be given to the suggested revisions to the recommendations of the Ad Hoc Committee as set out in the report; and, THAT staff proceed with the drafting of a separate by-law to implement the Committee's recommendations concerning the other matters discussed in the report. CARRIED Councillor Healy, having previously declared a possible Conflict of Interest with respect to the portion of the report dealing with buffer strips, did not take part in the vote called for in this regard. NEW BUSINESS Mayor West advised members that the Social Contract proposed by the provincial government could generate a Regional tax increase of 8.5% and could impact the Town by approximately $400,000. ADJOURNMENT #250. Moved by Councillor McKenzie THAT the meeting be adjourned at 8:18p.m. CARRIED ~1or J. WEST, Mf~R UNICIPAL CLERK