MINUTES - Special Council - 19931028TOWN OF AURORA
SPECIAL COUNCIL -PUBLIC PLANNING MEETING
NO. 31-93
Council Chambers
Aurora Town Hall
Thursday, October 28, 1993
7:30p.m.
I MINUTES I
COUNCIL MEMBERS IN ATTENDANCE
STAFF MEMBERS IN ATTENDANCE
Mayor West in the Chair;
Councillors Constable, Griffith,
McKenzie, Pedersen, and
Timpson.
Councillors Healy and Jones
were absent due to prior
commitments. Councillor
Weller was on vacation.
Municipal Clerk, Deputy Clerk,
Director of Planning, Planner,
and Recording Secretary.
Mayor West advised that this meeting had been called as a Public Meeting with
regard to a proposed Zoning By-law amendment with respect to Part of Lot
105, Plan 246, The Alvi Group, 014-11-93; and the proposed Official Plan and
Zoning By-law amendments with respect to Part of Lots 76 and 77, Concession
1 W.Y.S., being Part 1, Plan 65R-15800, First Professional Management Inc.,
009-03-93 and 014-08-93.
The Public Meeting procedure and the opportunities available for concerned
residents to ask questions related to the items tabled 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 information forms
available.
The Deputy Clerk advised that the required Notices of Meeting for Application
014-11-93 were mailed October 5, 1993, and the required Notices of Meeting
for Applications 009-03-93, and 014-08-93 were mailed September 27, 1993,
in compliance with the Planning Act, by First Class Mail, to the addresses
within 1 20 metres of the area shown on the last revised assessment roll of the
Town of Aurora to which the proposed By-laws would apply. The necessary
signs were posted on the properties in accordance with the rules of procedure
under the Planning Act.
DECLARATION OF CONFLICT OF INTEREST
There were no disclosures of interest under the Municipal Conflict of Interest
Act.
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Aurora Special Council -Public Planning Minutes No. 31-93
Thursday, October 28, 1993
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APPROVAL OF AGENDA
#613. Moved by Councillor Timpson Seconded by Councillor McKenzie
THAT the content of the Agenda be approved as outlined herein.
CARRIED
PLANNING APPLICATIONS
PL93-088-330 -Proposed Zoning By-law Amendment.
Part of Lot 105. Plan 246 181 Industrial Parkway Northl.
The Alvi Group: D14-11-93
The Director of Planning provided a brief history of the subject property. It was
noted that these lands were the former temporary offices of the Town and as
such Council would be familiar with the property and its surroundings.
Currently designated Industrial, institutional uses, including day care centres,
are permitted within the Official Plan. Policies require that day care centres and
places of assembly be safely accommodated in terms of separation from
adjacent uses and on-site environmental and construction standards. The lands
were rezoned in December, 1991, following the relocation of the municipal
offices, to extend the range of uses permitted to include specific non-industrial
uses. In January, 1993, the range of permitted uses was expanded to include
private schools, churches and religious institutions. The current proposal
requests that the provisions be amended to extend the range of uses to include
Day Care Centres. The Applicant intends to renovate the structure in order to
lease the first floor to an established day care centre. The subject lands
currently lack an adequate play area. As such, the Applicants, who also own
the adjacent property, propose a long-term lease of the abutting lands to the
subject property in order to construct a suitable play area. A number of safety
measures would be implemented in order to provide the safe movement of
children from the building to the play area. Staff are concerned only that
Building Code regulations be satisfied, and recommend that the Building
Department be satisfied with the renovations prior to implementation of the By-
law. The Director of Planning also advised that the Ministry of Community and
Social Services would require an inspection of the premises prior to licensing.
Robert Singer, representing the proponent, advised that the proposed lessee is
an established day care centre requiring relocation. The Day Nurseries Act
requires that formal zoning approval be granted prior to the issuance of a
licence. As such, time constraints apply in this situation. He reiterated that
expressed concerns can be satisfied. He also indicated that the daycare centre
was represented and available should clarifications be required.
Aurora Special Council -Public Planning Minutes No. 31-93
Thursday, October 28, 1993
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Public Comments
No comments or concerns were expressed by members of the public in
attendance.
The Public Meeting was closed at 7:46 p.m. and Council's deliberations began.
#614.
#615.
#616.
#617.
Moved by Councillor McKenzie Seconded by Councillor Constable
THAT the requested amendment be granted; and
THAT the subject lease be forwarded to staff for review and the
Building and Fire Departments be satisfied that all Code
requirements can be met, prior to third reading of the implementing
By-law;
CARRIED
Moved by Councillor Pedersen Seconded by Councillor Timpson
THAT Council provide the requisite two-thirds majority to waive the
Rules of Procedure concerning By-law notice in order to introduce
Bill No. 3502-93, being a By-law to amend By-law No. 2213-78;
CARRIED by two-thirds majority
Moved by Councillor Timpson Seconded by Councillor Griffith
THAT leave be given the Mover and Seconder to introduce the
following bill for First Reading:
3502-93 Being a By-law to amend By-law No. 2213-78 (The
Alvi Group)
AND THAT the same be taken as read a First Time.
CARRIED
Moved by Councillor Pedersen Seconded by Councillor McKenzie
THAT leave be given the Mover and Seconder to introduce the
following bill for Second Reading:
3502-93 Being a By-law to amend By-law No. 2213-78 (The
Alvi Group)
AND THAT the same be taken as read a Second Time.
CARRIED
Aurora Special Council -Public Planning Minutes No. 31-93
Thursday, October 28, 1993
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PL93-089-331 -Proposed Official Plan and Zoning By-law
Amendments. Part of Lots 76 and 77. Concession 1 W.Y.S,
being Part 1. Plan 65R-15800 !14700 Yonge Streetl.
First Professional Management Inc.: D09-03-93 and D14-08-93
The Director of Planning stated that this proposal was a significant application
due to the subject site's location and history. The lands are a prominent and
important site as a gateway to the urban portion of Town. The applicants
propose to amend the Official Plan from "Industrial" to "Community Commercial
Centre" and to rezone the lands from "Restricted Industrial (M 1)" to "Shopping
Centre Commercial (C4) ", in order to permit the development of a 218,000 plus
square foot shopping centre on the 17 acre site. A single storey L-shaped
building adjacent to the west and south property lines, along with a single
storey free standing structure at the corner of Yonge and Murray are proposed.
A total of 1,022 parking spaces with four loading areas are intended. Four
access points are planned, with a right-in/right-out and a full access point on
each of the arterial and collector roads. The loading facilities would be
provided at the rear/west side. A visual presentation of the relationship
between the former Sterling Drug structure and the proposed structure,
including building footprints, was provided. A video tape of the subject lands,
as well as footage of similar completed projects in Markham and Richmond Hill,
was shown highlighting configuration, mass, and adjoining residential uses. It
was pointed out that the completed projects are all located at the intersection
of two arterial roads.
The Director indicated that although the "Industrial" designation was retained
in the new Official Plan, relevant policies throughout the Plan provide
considerable guidance for the redevelopment of the site. Accordingly; staff do
not support the proposal. The lands possess considerable influence and
economic potential. The large area provides the opportunity and flexibility to
plan and design development that is consistent with the importance of the site
and remains sensitive to the established residential and commercial community.
The context of the site within the community must be addressed. This site is
visually prominent while acting as a gateway. It is also the largest single
property fronting Yonge Street. The overall context of surrounding uses is
important, as this project offers considerable intrusion into the surrounding
residential area. An appropriate transition to the residential lands has not been
provided for. Due to its sloping topography, the site would require a great deal
of cutting and grading to accommodate the proposed structure and the roof of
the structure would need to be screened from the elevated residential area to
the south. To the west, it is felt that the setback between the rear loading
area of the structure and abutting residences is inadequate. Overall, the
proposal contains very little landscaping or distance separation. Moreover, a
sense of the buildings' design should be conveyed to Yonge Street, rather than
the expanse of parking area.
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Aurora Special Council -Public Planning Minutes No. 31-93
Thursday, October 28, 1993
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Murray Drive is a defined collector road within the system meant to
accommodate traffic to the residential and school areas and is not geared for
the movement of commercial traffic volumes. As well, the market study
defines the catchment area to include neighbouring municipalities which could
lead to an even broader traffic conflict. The study also fails to address the
recently approved commercial development project at Bayview and Wellington.
The Director noted that the approved Bayview/Wellington project will be
constructed on a green field site at a more appropriate location. Land use
conflicts, transition and interfaces can be determined. The arterial intersection
is an asset in development of the site. However, the market for two such
developments is not available. In addition, it was determined that the
Bayview/Wellington project would be a catalyst to development of a new Town
centre. Urban designers are currently working with staff in that regard.
In closing, the Director of Planning reiterated the major concerns with the
subject proposal. In particular, building configuration, mass, location, the size
of parking facilities, the impact on abutting residential development, uncertainty
regarding the marketing analysis, and conflict with the Town's overall
objectives with respect to the Bayview/Wellington approved proposal and
study currently underway were highlighted. It was generally felt that a mixed-
use proposal would be more appropriate and in keeping with both Town and
Regional objectives.
Applicant's Comments
Mr. Chusid, the legal representative for the proponent, indicated that the
Town's concerns would be taken seriously and that a confrontation should be
avoided. The staff comments had been given to the proponent's consultants
for study and review and they wished to meet to discuss alternative solutions.
Mr. Chusid agreed that development should be carefully considered on this site
and noted that the applicants wished to be cooperative. It was their position
that this proposal was both positive and viable, and in that regard, Council
should refer the application back to staff for further analysis.
Public Comments
Numerous residents were present to express similar concerns to those of staff.
In particular, the residents were uncomfortable with the scale and dimensions
of the proposal; an apparent contradiction with the Regional draft Official Plan
recently released and the Town's new Official Plan; inadequate landscaping;
increased traffic volumes and the inability of a collector system to
accommodate such increases; noise and the associated problems with the
loading and disposal facilities; screening, noise barriers and distance separations
with respect to adjacent residential lands; the size and very visible location of
parking; disruption caused by actual construction; the sizes of units if fixed
floor plates are not imposed; the proposed use of the free standing structure;
the market's ability to fill such a commercial development; and a loss of small
Town atmosphere.
Aurora Special Council -Public Planning Minutes No. 31-93
Thursday, October 28, 1993
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Roger Beaman, a solicitor representing Bayview/Wellington Developments and
the Cadillac Fairview consortium, and Charles Cohen, legal counsel for David
Merkur Holdings, in addition to a number of representatives of commercial and
retail establishments in the municipality expressed concern. They suggested
that although the concept of the proposal has merit, it is extremely premature
and fatally flawed. Although competition is healthy and welcome, the Town's
ability to support another project of this magnitude does not exist. It was
suggested that to meet the concerns expressed by both staff and the public,
the proposal would require a complete overhaul and that perhaps the applicants
should withdraw the proposal and resubmit a new concept addressing both the
market and planning related concerns identified in the staff review.
Responses to Questions
In response to concerns expressed, it was pointed out that the Town has
nothing of this scale to visually compare footage with. It was confirmed that
the trees along the south property line would be removed and that a retaining
wall with fencing totally 16-18 feet in height would be installed with 39-45 feet
between the property line and the building. It was also noted that Yonge
Street forms a portion of the regional corridor and regional policies support
mixed use housing and employment development. It was indicated that
possible tenants were unknown at this stage. Common practice is to obtain an
"anchor" or major tenant and enter into long-term covenants. Smaller
businesses follow. With respect to the free standing structure, the tenant
would represent a permitted use under the zoning by-law. Constraints are
imposed with respect to disruptions caused during the construction period.
With respect to the increase in traffic flow, the proponents stated that studies
indicate "new trips" would peak at 130 vehicles per hour. The analyst felt this
to be an acceptable increase for traffic on Murray Drive. Several design
alternatives would be investigated with respect to providing a more appropriate
interface between the loading and garbage facilities and the residential
properties bordering the lands, including improved screening, security and sound
barriers integrated with the landscape, as well as indoor loading docks. It was
pointed out that the landscape plans were preliminary and the proponents
would be pleased to consider alternatives. The market study had been
completed prior to the approval of the Bayview/Wellington project. The
proponents would take this project into consideration and perhaps incorporate
details required by the Bayview/Wellington study into the new analysis.
On behalf of the proponent, Mr. Chusid stated that the proposal would not be
withdrawn. A commercial development is appropriate for this location.
Perhaps the scale could be debated. He indicated that this proposal was a
request for amendment to the Official Plan and Zoning By-law. The proponents
were not looking for Site Plan approval at this point. The proposal is largely
conceptual and most concerns can be alleviated through the site plan process.
The Director of Planning pointed out that site plan approval does not require
public input.
Aurora Special Council -Public Planning Minutes No. 31-93
Thursday, October 28, 1993
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The applicants felt that both their proposal and the approved
Bayview/Wellington project could co-exist. They felt the market was available
and pointed out that the analysis completed on behalf of the Bayview-
Wellington project stated that 600,000 square feet of commercial space could
be supported by 1996.
The Public Meeting was closed at 10:05 p.m. and Council's deliberations
began.
#618. Moved by Councillor Pedersen Seconded by Councillor McKenzie
THAT the proposed amendments be denied on the basis of the
concerns expressed in the staff report and in particular the
inappropriateness of the scale of the proposal and its resultant
impact on the community.
CARRIED
ADJOURNMENT
#619. Moved by Councillor Griffith
THAT the meeting be adjourned at 10:26 p.m.
CARRIED
L. , MUNICIPAL CLERK