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MINUTES - Special Council - 19970625II ATTENDANCE COUNCIL MEMBERS STAFF MEMBERS TOWN OF AURORA SPECIAL COUNCIL MEETING NO. 24-97 Holland Room East Aurora Town Hall Wednesday, June 25, 1997 4:38p.m. MINUTES II Mayor Jones in the Chair; Councillors Griffith, Healy (4:45 p.m.}, Morris (4:55 p.m.}, Ochalski, Wallace and Weller. Councillor' McKenzie was absent and Councillor Sorley was absent on vacation. Chief Administrative Officer, Director of Corporate Services, Director of Planning, Director of Building Administration, Solicitor, Planner, and Council/ Committee Secretary. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #422. Moved by Councillor Griffith Seconded by Councillor Ocha/ski THAT the content of the Agenda be approved as outlined herein with the addition of an information handout from the Solicitor regarding Zoning , By-law Transition Principles and Options. CARRIED STAFF REPORTS PL97-099-192 re: Zoning By-law Review , D 14-REV: and Information Handout from Solicitor re: Zoning By-law Transition Principles and Options The Director of Planning advised Council Members that Staff are presently undertaking the completion of the Zoning By-law Review in place of the Consultant who was retained to undertake this process. The Director outlined a number of priority issues identified by Staff including changes to industrial zones such as the elimination of certain requirements to enhance economic development, health and safety issues, and adult entertainment uses; alterations to building height requirements in a number of zones; changes to commercial zones ori Yonge Street to bring certain non conforming Aurora Special Council Minutes No. 24-97 Wednesday, June 25, 1997 Page 2 uses into conformity with the Town's Official Plan; and general housekeeping issues related to residential zones. The Solicitor provided an overview of Zoning By-law Transition Principles and Options in relation to new regulatory standards, outdoor expansions, indoor expansions, and expansions of buildings in lawful non conforming circumstances. With regard to existing permitted uses which do not comply with the Official Plan and current planning directions in the way that the use is no longer in an appropriate location, it was explained that these uses could be treated as either lawful non-conforming or zoned on a site specific basis. The Solicitor continued to explain the differences between lawful non-conforming and site specific zoning relating to the actions to implement, legal status, planning implications, and the impact on owners and adjacent lands. He stated that it is difficult but not impossible for a Zoning By-law to prevent the as-of-right expansion of outdoor and indoor lawful non conforming uses. In response to questions of Council, the Director of Building Administration clarified that "non-conforming" pertains to the permitted use and that "non-compliance" pertains to the site or performance standard. He advised that in order to bring a non- conforming property into compliance, the 0wner may apply to the Committee of Adjustment for a minor variance for relief from the provisions of the Zoning By-law. The Director of Planning stated that reducing the exterior side yard requirement in certain residential zones may stimulate developers who tend to search for the lowest performance standards. The Solicitor explained that a municipality has only the right to regulate adult entertainment parlours and not to prohibit this use, The Planner concluded with an overview of a number of areas to receive detailed review such as restaurants in commercial zones and the issues of drivethru restaurants abutting residential zones. It was confirmed with Council the intention of Staff to focus on the priorities as currently identified. #423. Moved by Councillor Morris Seconded by Councillor Wallace THAT Report PL97-099-192 including Technical Memos #2, 3 and 4 outlining proposed changes to the residential, commercial, and industrial zone categories be received and the Technical Memos made available for public distribution and comment; THAT the Technical Committee continue the review of the general provisions and other sections of the Zoning By-law to identify additional provisions which may warrant amendment; THAT a Public Meeting be scheduled for September 11, 1997 to consider proposed amendments that are relatively straightforward or high priority, and thafthe Public Meeting to consider other recommended amendments be postponed to the next term of Council; and THAT Staff continue to pursue issues relating to certain aspects of industrial zones, building height restrictions, commercial zones on Yonge , Street, and simplification of current residential zones as a priority to the other issues associated with the overall Zoning By-law review process. CARRIED ADJOURNMENT . #424. Moved by Councillor Weller THAT the meeting be adjourned at 6:00 p.m. CARRIED T.~YOR