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MINUTES - Special Council - 19960530TOWN OF AURORA SPECIAL COUNCIL -PUBLIC PLANNING MEETING NO. 16-96 Council Chambers Aurora Town Hall Thursday, May 30, 1996 7:30p.m. II MINUTES II ATTENDANCE COUNCIL MEMBERS STAFF MEMBERS Mayor Jones and Councillors Griffith, Healy, McKenzie, Morris, Sorley, and Weller. Councillor Wallace was absent on Town business. Councillor Ochalski was absent. Chief Administrative Officer, Deputy Clerk/Solicitor, Director of Planning, Planner, and Recording Secretary. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL dF AGENDA #322. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the content of the Agenda be approved as outlined herein with the addition of an update respecting the scheduling of a Growth Management Committee meeting to the New Business section. CARRIED Mayor Jones advised that this meeting had been called as a Public Meeting with respect to the proposed Zoning By-law Amendment Application for Millenium Homes Limited, Part of Lot 79, Concession 1 WYS, Parts 1, 2, 3, 10, 11, 12, and 13, Plan 65R-18018, application number D14-08-96; and the proposed Official Plan and Zoning By-law Amendment Application for Osnakan Ltd.; Block B, Plan 550, application numbers D09-09-95 and D14-20-95. 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-laws under consideration could sign the information forms available. In addition, Mayor Jones advised that any concerns with either 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. Aurora Special Council -Public Planning Minutes No. 16-96 · Thursday, May 30, 1996 Page 2 The Deputy Clerk/Solicitor advised that the required Notices of Meeting for applications D14-08-96 and D09-09-95/D14-20-95 were mailed April 26th, 1996. These notices were 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 1 20 metres of the areas to which the proposed By-laws would apply and to every person within 120 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 properties in accordance with the rules of procedure under the Planning Act. PLANNING APPLICATIONS PL96-050-142 -Proposed Zoning By-law Amendment Millenium Homes Limited. 298 Kennedy Street West Part of Lot 79. ConcesSion I WYS. Parts 1. 2. 3. 10. 11. 12. and 13. Plan 65R-18018. D14-08-96 The Director of Planning provided an overview of the subject application . . Approximately one year ago a portion of the lands were rezoned as a condition of consents granted by the Committee of Adjustment. A number of other conditions implementing the severance proposal were not fulfilled and consequently approval lapsed. Accordingly, the proposed amendments are administrative in nature. In order to recognize the new lot lines as proposed, the subject application proposes to rezone . the new parcel to "Detached Dwelling second Density (R2) Zone", which among other things provides for a 1 0 metre maximum building height. As a result of previous public concerns raised, the current "R2-62" Zone provisions restrict the maximum building height to eight metres. Given that both Council and the Committee of Adjustment have approved similar applications in 1995, staff have no objection in principle to the proposal. As drawings are not available at this time, and given the compatibility concerns of a higher building on a lot with a higher elevation, it is suggested that should the building height maximum still be a neighbourhood concern, the Planning Department be directed to work with the applicant in reviewing the proposed house design, including grading plans, utilizing the definition for height in the Zoning By-law to determine the need for increased height. Applicant's Comments Mr. Steve Hanson of Millenium Homes Limited pointed out that a height restriction could prove problematic in marketing the lot without a house design or purchaser on board. He has conversed with an architect and believes a two-storey dwelling with a nine metre height restriction could be accommodated, if a purchaser desired. He indicated his willingness to work with staff to develop a compromise. Public Comments A neighbouring property owner advised that, while he appreciated the concessions Mr. Hanson has made, concern remains with any increase to the height restrictions of any structure on the new lot. It was pointed out that the grades on the subject lands increase from the front to the rear of the property, offering the potential for a· very high building in relation to the property across Kennedy Street West. It was suggested that grading of the lands could· alleviate concerns, however, the eight metre height restriction should remain imposed. Clarification of exactly what the proposed changes would allow was sought. Mrs. Seibert advised that the critical difference in the current and proposed amendment was a two metre differential in building height maximums. In response to concerns raised, the applicant proposed a compromise in the height restriction to nine metres and indicated a willingness to impose an additional three metre front yard setback and perhaps building area restrictions. _____ _._:_• -· -· __ ____,_,;._,..,,,__,_ __ ~~·.¥·~-~-·~·-~-""""'""'"'"""'--=>C-=='~''"""'"=·-----· -·---~-· -··" --·------- Aurora Special Council -Public Planning Minutes No. 16-96 Thursday, May 30, 1996 Page 3 The public portion of the meeting closed at 7:55 p.m. and Council's deliberations began. #323. Moved by Councillor Healy Seconded by Councillor Morris THAT the application be approved in principle; and THAT Staff be directed to work with the applicant, taking into account suggestions made by the proponent, and addressing items of concern raised respecting maximum building size controls, an increased front yard set back, and the question of height, giving consideration to anticipated grading changes on the subject lands, prior to third reading of an implementing by-law. CARRIED· PL96-051-143 -Proposed Official Plan and Zoning By-law Amendment. Osnakan Ltd,. 15 Brookland Avenue Block B. Plan 550. D09-09-95 and D 14-20-95 Rob Hughes, Planner, provided an overview of the proposal. The subject lands are located on the south side of Brookland Avenue, west of Yonge Street and currently house a six story, 66 unit, apartment building. The applicant requests an amendment to the Official Plan from "Private Open Space" to "Urban Residential" and to the Zoning By-law from "Environmental Protection (EP) Zone" to a site specific "Third Density Apartment Residential (RA3) Exception Zone" in order to permit the construction of 12 single story barrier-free units on the eastern portion of the site abutting a small watercourse. Areas have been set aside to allow for increased parking and the potential for some stream bank rehabilitation and landscaping. The proposal was originally scheduled for a Public Meeting last June, however, was withdrawn at the applicant's request following identification of a number of issues. The applicant has since addressed the majority of these concerns to the satisfaction of Staff. In principle, the Planning Department has no objection to the Official Plan amendment as the requested change is more administrative in nature than a change in policy. When the Official Plan was drafted, the land use designation for this site reflected the zoning for lands as shown within the comprehensive zoning by-law prepared in the late 1970s. Based on current mapping, the proposed area to be developed is no longer within the floodplain and the designation is no longer a true reflection of the current constraints/land use of the site. In addition,. the development provides compatible infill housing and small scale intensification in accordance with policies, as well as meets the series of criteria established within the Official Plan respecting medium density residential redevelopment. It is felt that the items of concern regarding emergency access, landscape buffers and screening, amenity areas, adequate parking, and a trail easement can be dealt with during the site plan approval process. Staff suggest that approval be granted subject to the successful processing of a site plan application involving both the Conservation Authority and the Ministry of Natural Resources (or the agencies assuming jurisdiction) resolving outstanding issues as noted prior to third reading of any implementing by-law. Applicant's Comments Mr. Lloyd Pollack, solicitor for the applicant, advised that his client supported the recommendations made by the Planner and was available to answer any questions. Mr. Denis Bowman, the architect representing the applicant, pointed out a potential concern with the barrier free parking standard requirements established by a separate by-law. The Director of Planning indicated that this matter was not at issue in the subject rezoning application. _____ J...:....c:_-.!........-..:...J.•~-.--------·--·---~=~"&Y!l<.~~'R_,.,.,_=-_,_=~•~·---··-. :: ____ _.__:_.c, ._. __ _:__. _________________ ~ ""--'"----------------.-- Aurora Special Council -Public Planning Minutes No. 16-96 Thursday, May 30, 1996 Page 4 Mr. Klaus Wehreberg, a concerned ratepayer, identified possible scenarios to protect the ecological impact the development could have on the watercourses. Suggestions included the use of natural fencing between the subject and adjoining commercial lands; porous parking surfaces to mitigate the impact of runoff on the streams; the use of rip rap onsite; efforts to ensure the percolation of roof drainage; and attempts to influence the massing of the structures. It was also suggested that the implementation of a trail be conditional to approval. In closing, it was stressed that the Ministry of Natural Resources' original comments be considered. In response, Mr. Bowman advised that the current proposal addresses MNR's concerns. He also indicated that plans for the environmental protection of the site will be laid out during preconstruction meetings. The public portion of the meeting closed at 8:28 p.m. and Council's deliberations began. #324. Moved by Councillor McKenzie ' Seconded by Councillor Morris THAT approval be granted subject to the successful processing of a site plan application involving the Conservation Authority and the Ministry of Natural Resources (or the agency assuming jurisdiction). resolving any outstanding issues that remain respecting emergency access, parking, buffering from adjacent commercial uses, amenity areas, and any other matters identified within the Report, prior to third reading of an implementing by-law; and THAT an easement be obtained in order to implement a trail adjacent to the western watercourse that traverses the property. CARRIED NEW BUSINESS Update from Councillor Healy. Chair. Respecting Scheduling of a Growth Management Study Committee Meeting Councillor Healy advised that the Growth Management Committee, meeting without some of its members, unanimously endorsed the recommendations contained within the report prepared by the consultant. The Committee feels the areas of concern identified have been satisfactorily addressed. Due to the absence some of the members, however, Councillor Healy recommended a further meeting to consider the report prior to submission to Council. Accordingly, it was suggested that the June meeting scheduled be revised. #325. Moved by Councillor Healy Seconded by Councillor Morris THAT the June schedule of Council and Committee meetings be revised in order to schedule an additional. meeting of the Growth Management Committee on June 11, 1996, and a Special Council meeting on June 19, 1996, to consider the report reviewed by the Committee. CARRIED ADJOURNMENT #326. Moved by Councillor Griffith THAT the meeting be adjourned at 8:36 p.m. CARRIED L. AIU:ISON, DIRECTOR OF CORPORATE SERVICES