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MINUTES - Special Council - 19940405( II TOWN OF AURORA SPECIAL COUNCIL -PUBLIC PLANNING MEETING NO. 11-94 Council Chambers Aurora Town Hall Tuesday, April 5, 1994 7:30p.m. MINUTES II COUNCIL MEMBERS IN ATTENDANCE Mayor West in the Chair; Councillors Griffith, Healy, Jones, McKenzie (7:36 p.m.), Pedersen, Timpson and Weller. STAFF MEMBERS IN ATTENDANCE Councillor absent on engagement. Constable was a business Chief Administrative Officer, Deputy Clerk/Solicitor, Director of Planning and Recording Secretary. Mayor West advised that this meeting had been called as a Public Meeting with respect to several applications. These included application for proposed Zoning By-law amendment with respect to Part of Lot 79, Concession I W.Y.S. being 248 Kennedy St. West, Sam and Janice Nardi, D 14-03-94; proposed Official Plan and Zoning By-law Amendment, Suburban Residential Site Specific Policy Modification, with respect to Part of Lot 26, Plan 246 being 212 and 220 Kennedy Street West, R. Kashef and F. Ryfa, D09-02-94 and D 14-04-94; proposed Official Plan and Zoning By-law Amendment, with respect to Part of Lots 74 and 75, Concession I E.Y.S. located at Bayview Avenue and Vandorf Sideroad, Bayview Parks Corporation, D09-03-89 and D 14-1 5-89; and proposed Official Plan and Zoning By-law Amendment with respect to Part of Lots 74 and 75, Concession I E.Y.S. being 14318 Bayview Avenue, D09-03-94and D14-05- 94. The Public Meeting procedure and the opportunities available for concerned residents to offer comments or 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/Solicitor advised that the required Notice of Meeting for application number D 14-03-94 was provided March 11, 1994; for application numbers D09-02-94/D 14-04-94 notice was provided March 2, 1994; and for applications numbers D09-03-89/D 14-1 5-89and D09-03-94/D 14-05-94 notice was provided February 24, 1994, by First Class Mail to the addresses of owners within 120 metres of each of the subject application lands, as 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 subject properties in accordance with the rules of procedure under the Planning Act. Aurora Public Planning Minutes No. 11-94 Tuesday, April 5, 1994 DECLARATION OF CONFLICT OF INTEREST Page 2 Councillor Jones declared a possible Conflict of Interest in Reports PL94-035- 090 and in PL94-036-091, since aspects of these Reports touch upon extending the Town's urban services boundary, which issue impacts upon the development application of Timberlane Tennis and Country Club of which he is a member and he 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 #190. Moved by Councillor Timpson Seconded by Councillor Weller THAT the content of the Agenda be approved as outlined herein with the addition of correspondence from the Ministry of Natural Resources, Mr. & Mrs. Emonson, Terra-Tory Management Ltd. and a Memorandum from the Manager of Engineering Services for consideration along with Report PL94-035-090. CARRIED PLANNING APPLICATIONS PL94-033-088-Proposed Zoning By-law Amendment. Part Lot 79. Concession 1 W.Y.S .. 248 Kennedy Street West S. and J. Nardi; D14-03-94 The Director of Planning provided an overview of this application to rezone the subject lands to permit construction of a new residence. She detailed the process whereby the subject lands were placed in a Holding zone while development proceeded with adjacent subdivisions. The applicant wishes to remain in the existing home, which is on a private septic system, until the new home is constructed and is connected to municipal services. To accomplish this, the applicant requires a temporary zoning by-law to permit the construction of a second residence on the land, plus a zoning by-law amendment to delete the Holding category and to provide for certain exceptions as detailed in the Report. Other issues included requiring a bond to ensure that the existing house will be demolished and obtaining confirmation from the Region that the existing septic system can continue to support the existing residence until the new residence is constructed. Applicant's Comments Mr. Nardi stated that he was in agreement with the comments of the Director of Planning and that he was available to answer questions with regard to the application. Public Comments There were no members of the public present who wished to express interest in the application. Aurora Public Planning Minutes No. 11-94 Tuesday, April 5, 1994 Page 3 The Public Meeting closed at 7:40p.m. and Council's deliberations began: #191. Moved by Councillor McKenzie Seconded by Councillor Weller THAT Staff be authorized to prepare a temporary By-law to permit construction of a second dwelling; THAT the lands be rezoned from a Holding (H) Zone to an appropriate exception to Detached Dwelling First Density Residential (R1) Zone as detailed in the Report; and THAT third reading of the above-noted By-laws be conditional upon confirmation from the Region that use of the private septic system may continue until such time as the new residence is occupied and upon the applicant posting a bond to ensure that the existing residence will be demolished. CARRIED PL94-034-089-Proposed Official Plan and Zoning By-law Amendment. Suburban Residential Site Specific Policy Modification, R. Kashef and F. Ryfa. Part Lot 26, Plan 246, 21 2 & 220 Kennedy Street West. D 14-04-94 and D09-02-94 The Director of Planning provided an overview of this application to amend or to modify the Official Plan to create a Site Specific Policy Area in relation to the Suburban Residential designation and to implement an exception to the R 1 Zone as appropriate for the subject land. The application arises out of a set of Committee of Adjustment applications, whereby, Mr. Kashef created two new lots on his land and a prospective Committee of Adjustment application, whereby Mr. Ryfa would create one new lot on his land. When Council adopted the new Official Plan, this area was designated Suburban Residential and was characterized as an extension of the unique pattern of larger lots on Kennedy Street West. Ministry approval of this designation with respect to the subject lands was deferred at the applicants' request. The Director pointed out that the subject lands are at the westerly end of the Suburban Residential designation and are surrounded by more dense urban forms to the north, south and west. The subject proposal represents a middle ground, in terms of density, between the urban and suburban designations and appears not to negatively impact upon the lands under the jurisdiction of the Conservation Authority. Applicant's Comments Mr. Kashef indicated his agreement with the recommendation in the Report. He showed Council a series of photographs to delineate the physical location of the subject lands and, in particular, the steep hill which separates such lands from the other Suburban Residential lands to the east. Noting that his application may not require an amendment to the Official Plan, he requested Council to waive its fee or to implement a fee of $675.00 as an alternative. Aurora Public Planning Minutes No. 11-94 Tuesday, April 5, 1994 Page 4 Public Comments One member of the public being present to express interest in the application, questioned the size and nature of the proposed residential uses. In response, it was noted that each of the lots could have a single family residence in the range of 2,000 square feet. The Public Meeting closed at 7:55p.m. and Council's deliberations began: #192. Moved by Councillor Pedersen Seconded by Councillor Weller THAT a Site Specific Policy Area in relation to Section 3.1.2, the Suburban Residential designation of the Official Plan be implemented as a modification to and approval of deferral No. 14 as detailed in the Report; THAT an exception to the R1 Zone relating to lot area, lot frontage and interior side yards for two storey dwellings be implemented as detailed in the Report; and THAT Staff Report to the Planning Advisory Committee with respect to the request for a waiver of fee or an alternate fee of $675.00 for the application in respect of the Official Plan. CARRIED PL94-035-090 -Proposed Official Plan and Zoning By-law Amendment. Bayview Parks Corporation. Part Lots 74 and 75. Concession 1 E.Y.S .. Bayview Avenue/Vandorf Sideroad: D09-03-89 and D14-15-89 and Correspondence from the Ministry of Natural Resources. Mr. & Mrs. Emonson. Terra-Tory Management Ltd. and Memorandum from the Manager of Engineering Services The Director of Planning provided an overview of this application to amend the Official Plan and Zoning By-law to permit the development of a plan of subdivision having 41 detached residential units, 68 street townhouse units and 1 00 condominium linked and townhouse units alongside Major Open Space and Environmental Protection areas. The Director detailed the history of the planning process relating to the application, noting that the key issues included extension of the urban services boundary into this area and ensuring that an environmentally sensitive approach was implemented. In this regard, the applicant submitted studies to the Ministry of Natural Resources and that Ministry has indicated that the proposal generally meets the Implementation Guidelines relating to the Oak Ridges Moraine. With regard to the issue of the urban services boundaries, the Director noted Council's earlier position that servicing could be allocated when an environmentally sensitive proposal has been determined. She noted that her discussions with the Ministry indicate that, for extensions of adjacent urban services boundaries, a formal study in relation to growth and settlement guidelines may no longer be required. Aurora Public Planning Minutes No. 11-94 Tuesday, April 5, 1994 Page 5 Other issues included the impact of the proposed density generally. She advised that a significant portion of the site was Open Space Lands, which clustered the density into developable pockets. One such area created the potential impact of proposed street townhouses at the corner of Bayview Avenue and Vandorf Sideroad on the adjacent Archerhill residences. A second area of potential impact was in relation to the adjacent Beacon Hall lands. The Director undertook a detailed review of the proposed buffer and separation features proposed by the applicant in such areas. She noted the need, should the proposal be acceptable to Council, to ensure that all of the development features were detailed in site specific modifications to the implementing documents to ensure that the lands are developed as proposed. The Director discussed the lands to the west, owned by Dr. Diamond, and the need to ensure access to such lands and to ensure that development of these lands did not preclude appropriate future development of Dr. Diamond's lands. She also raised the question of ensuring that there is sufficient means of access and egress to the development itself and noted that the Manager of Engineering Services did not support the concept of open ditches in relation to the proposal. At 8:20p.m. Councillor Jones left the meeting. Applicant's Comments Mr. Bruce Bodden, of Marshall Macklin Monaghan Ltd. introduced the team of consultants who developed the environmental studies. He suggested that the proposal would lead the way in environmentally sensitive development on the Moraine. With regard to the street townhouses, which were Affordable Housing, he noted that the Town could waive this requirement. He then described the various buffer and separation measures taken in relation to the adjoining developments. He indicated that additional access could be effected by the construction of a broad walkway capable of sustaining vehicular traffic adjacent to the main access road. He noted that the proponents were willing to provide an easement for access in favour of the lands to the west. Public Comments Numerous land owners from the neighbourhood were present to express opposition to the proposal. A key issue was the proposed density. This related to overall density, including the question whether the number of units per acre should relate to the entire parcel or solely to the those portions of the land that were not environmentally sensitive. The public suggested that their adjoining lands were generally developed at a density of one unit per two developable acres and that this proposal was significantly more dense. In particular, the concentration of street townhouses at Bayview Avenue and Vandorf Sideroad and its proximity to the Archerhill residences was challenged. In addition, the buffering and separation features were described as inadequate. The residents pointed out potential hazards from the increased traffic flow and noted that the density would impact negatively upon both the environment and wildlife in the area. They questioned whether Aurora needed to extend its urban services boundary, given the supply of existing and potential serviced lots within the municipality. They noted the precedent this could set for undeveloped lands within this quadrant. They also questioned the definition of "affordable housing". Aurora Public Planning Minutes No. 11-94 Tuesday, April 5, 1994 Page 6 Responses to Public Comments Mr. Bodden pointed out that the Ministry's guidelines on the Moraine no longer permit development of single family residential uses on two acre lots. He suggested that the proximity of the proposed condominium to the Beacon Hall residences did not generate significant impact. He suggested that the vehicles generated by the street townhouses were significantly less than expected by adjacent residents. He pointed out that Affordable Housing consisted of units costing $156,000. He advised that the condominium units might be 2,000 square feet and could cost between $280,000 and $300,000. The Public Meeting closed at 9:52p.m. and Council's deliberations began: #193. Moved by Councillor Timpson Seconded by Councillor Griffith THAT the urban services boundary of the Town be extended to include the subject lands; THAT the proposal be referred back to Staff and the applicant in order to reduce the density by eliminating the proposed R6- Exception area in the northeast corner and with the request that consideration be given to increasing the frontage of the single detached lots bordering Bayview Avenue to a minimum of 70 feet; and THAT the site specific cluster condominium portion of the application be endorsed, provided that the proposed buffer and separate areas along the Beacon Hall lands be reviewed. On recorded vote, the resolution was CARRIED YEAS: 6 NAY: 1 VOTING YEA: Councillors Griffith, McKenzie, Pedersen, Timpson, Weller, and Mayor West. VOTING NAY: Councillor Healy. PL94-036 -091 -Proposed Official Plan and Zoning By-law Amendment, Hamilton and Patricia McLean, Part Lots 74 and 75, Concession 1 E.Y.S., 14318 Bavview Avenue: D09-03-94 and D14-05-94 The Director of Planning provided a brief overview of this application to amend the Official Plan and Zoning By-law to permit the development of the lands within a plan of subdivision. The Director noted that these applications were linked in concept with the applications in Report PL94-035-090. #194. Moved by Councillor Timpson Seconded by Councillor Pedersen THAT the Report be referred back to Staff for further consideration as appropriate in conjunction with applications D09-03-89 and D 14- 15-89; and THAT Staff and the applicant be advised that open ditches are not appropriate for the subject applications. CARRIED -·---~-----------·~-----------·---~····-··-·· Aurora Public Planning Minutes No. 11-94 Tuesday, April 5, 1994 Status of All Planning Applications Page 7 PL94-037-092-Pending List-Status of Planning Applications !Update) #195. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT the update of Pending List -Status of Planning Applications be received as information. CARRIED ADJOURNMENT #196. Moved by Councillor Weller THAT the meeting be adjourned at 10:20 p.m. CARRIED J. WES , MUNICIPAL CLERK