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MINUTES - Special Council - 19960125L) l-- TOWN OF AURORA SPECIAL COUNCIL -PUBLIC PLANNING MEETING NO. 03-96 Council Chambers Aurora Town Hall Thursday, January 25, 1996 7:30p.m. ~···· MINUTES II ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Healy, McKenzie, Morris, Ochalski, and Sorley. Councillor Wallace was absent due to a business commitment and Councillor Weller was absent on vacation. STAFF MEMBERS Chief Administrative Officer, Deputy Clerk/Solicitor, Director of Planning, Planner and Recording Secretary. DECLARATIONS OF INTEREST There were no disclosures of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #76. Moved by Councillor Ochalski Seconded by Councillor Griffith That Report PL96-008-027 respecting Application D 14-27-95 be deferred to a future public meeting at the request of the proponent; and THAT the content of the Agenda be approved as outlined herein with the addition of correspondence received from Alan Connor, Jana Andrews, and Dr. Salim Khamissa to be considered with Report PL96-009-028. CARRIED Mayor Jones advised that this meeting had been called as a Public Meeting with respect to proposed Zoning By-law Amendment Application, 862085 Ontario Limited, Lot 2, Plan 215, application number 014-30-95. The Public Meeting procedures and the opportunities available for persons to ask questions related to the items tabled for consideration were explained and Mayor Jones advised that any person who wished further notice of the passage of the proposed By-law under consideration could sign the information forms available. In addition, Mayor Jones advised that any concerns with the proposal must be expressed during the public meeting or in writing prior to the adoption by Council of any amendment in order to protect the right to appeal to either the Region or the Ontario Municipal Board. Names and addresses of speakers are required as a part of the record of the proceedings. c; ( Aurora Special Council -Public Planning Minutes No. 03-96 Thursday, January 25, 1996 Page 2 The Deputy Clerk advised that the required Notice of Meeting for application D 14-30- 95 was mailed on December 22, 1995. The notice was circulated in compliance with the Planning Act, by prepaid First Class Mail, to every person shown on the last revised assessment roll of the Town of Aurora within 120 metres of the areas to which the proposed Zoning amendment By-law would apply and to every person within 1 20 metres who provided the Clerk with written notice of change of ownership or occupancy and to every person and public body who provided the Clerk with a written request for such notice. In addition, the necessary signs were posted on the subject property in accordance with the rules of procedure under the Planning Act. PLANNING APPLICATIONS PL96-009-028 -Proposed Zoning By-law Amendment 862085 Ontario Limited. Lot 2. Plan 215. Concession 1. E.Y.S. 15423 Yonge Street. South East Corner of Yonge Street and Mark Street The Director of Planning outlined the history and character of the subject site and the surrounding area. Photographs of the site illustrated the existing structure and retaining wall along the west property line, parking area, and intersection. A commercial establishment has been located on this site in the existing building for several years. The subject lands are designated "Urban Residential" within the Yonge Street North Community Commercial Centre and are within the Yonge Street Heritage Resource Area under the provisions of the Official Plan. Although this designation contains policies which allow for limited commercial uses, these uses are subject to certain criteria including but not limited to sufficient parking, appropriate zoning, and compatibility with the surrounding area. The applicants propose to amend the Zoning By-law to "Special Mixed Density Residential (R5) Exception Zone" to permit a residential apartment and allow an expanded range of commercial uses, including hair salon, foot care, massage therapy, acupuncture, and chiropractic clinics, an aesthetic studio, business and professional offices, commercial school, animal hospital, antique shop, art gallery and studio, bridal salon, travel agency, and photography studio. Not all range of uses requested are in keeping with current Official Plan policies and the requirements of the Zoning By-law, particularly with respect to the parking provisions. Two of the twelve parking stalls currently encroach on the road allowance. Therefore, uses generating higher parking requirements would not be appropriate to this site. Accordingly, in keeping with previous approaches used with respect to the "Special Mixed Density Residential Zone", it was suggested that the uses be restricted to business and professional offices and a maximum of one residential dwelling. It was also suggested that the requirement to enter into a site plan agreement be waived given the difficulties to be encountered to retrofit the site, however, an encroachment agreement to accommodate the existing access and parking area should be required. The Public Works department required that a 7m x 7m daylighting triangle be conveyed to the Town prior to third reading of an implementing by-law. The amending by-law should reflect reductions in the side yard setbacks, recognize a reduced manoeuvring space in the parking area, and specifically note the screen fence requirement at the south boundary of the parking lot adjacent to the residential use. ',./ Applicant's Comments Mr. Brian Corbett of HBR Planning Centre, representing the owners, advised that his clients had acquired the property many years ago and until recently operated a real estate business from the site. They now wished to lease the property. The extensive range of uses was compiled from previously approved applications within the area and was requested in order to attract appropriate tenants. The proponents' specific interest was an art gallery. He indicated that his clients were willing to discuss eliminating the more contentious uses from the list, along with further discussions respecting the fencing and daylighting triangle requirements. (j Aurora Special Council -Public Planning Minutes No. 03-96 Thursday, January 25, 1996 Page 3 In closing, Mr. Corbett requested that Council approve the proposal in principle and allow his clients to meet with staff to resolve and finalize the issues raised. Public Comments An area resident advised that, although he supports the proposal in principle, he has concerns with potential parking on the street. He pointed out that the only access to the subject lands is from Mark Street, and that some of the requested uses could increase traffic onto Mark Street. The public portion of the meeting closed at 8:00 p.m. and Council's deliberations began. #77. Moved by Councillor Healy Seconded by Councillor Sorley THAT Council support the proposal in principle, subject to further negotiations with staff respecting the daylighting triangle, fencing requirements, and the appropriate range of uses; THAT the proposed uses be limited to a maximum of 191.4 sq.m., with not more than one residential dwelling unit; and THAT the requirement for a site plan agreement be waived, but that the applicant enter into an agreement to recognize and permit the existing encroachment onto the road allowance prior to the enactment of any implementing by-law. CARRIED ADJOURNMENT #78. Moved by Councillor Healy THAT the meeting be adjourned at 8:1 0 p.m. CARRIED T. JONES, L. ALL UNICIPAL CLERK