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MINUTES - Special Council - 19980326 TOWN OF AURORA SPECIAL COUNCIL PUBLIC PLANNING MEETING NO. 10-98 Council Chambers Aurora Town Hall Thursday, March 26, 1998 7:32 p.m. ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Hartwell, Healy, Hinder, Hogg, McKenzie, Morris, and West. Councillor Griffith was absent due to a prior commitment. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services, Director of Planning, Director of Building Administration, Senior Planner, Planner, and Administrative Assistant. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #201. Moved by Councillor Hartwell Seconded by Councillor Morris THAT the content of the Agenda be approved as outlined herein. 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 St. John’s Bay Land Company Ltd., Blocks 5 & 6, Plan 65M-2874, application number D14-07-98; proposed Zoning By-law Amendment for 1268264 Ontario Ltd. and Totera Meats, application number D14-05-98; proposed Official Plan and Zoning By-law Amendments, Lots 123, 124, 125 and 127 and Part of Lot 122, Plan 246, application numbers D09-03-97, D14- 16-97; proposed Draft Plan of Subdivision and Zoning By-law Amendment for Magna International and The Alpen House, application numbers D12-98001A, D14-01-98. The Public Meeting procedures and the opportunities available for persons to ask questions related to the items tabled for consideration were explained. 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. M I N U T E S Aurora Special Council – Public Planning Minutes No. 10-98 Page 2 Thursday, March 26, 1998 The Clerk advised that the required Notices of Meeting for the applications under consideration were mailed on March 2, 1998 in compliance with the Planning Act, by First Class Mail, to the addresses within 120 metres of the area shown on the last revised assessment roll of the Town of Aurora 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 a written request for such notice. In addition, the necessary sign was posted on the property in accordance with the rules of procedure under the Planning Act. PLANNING APPLICATIONS PL98-030-076 re: Proposed Zoning By-law Amendment St. John’s Bay Land Company Ltd. Blocks 5 & 6, Registered Plan 65M-2874 Northwest corner of Bayview Avenue and Pedersen Drive D14-07-98 The Director of Planning provided a brief overview of the application. The applicants propose to rezone the subject property from “Industrial Commercial (C5) Zone” to a site specific “Industrial Commercial (C5) Exception Zone” to permit Restaurant, Drive-Thru and Restaurant, Take-Out to be added to the uses permitted on the site. The Director informed Council that the definition for Drive-Thru and Take-Out Restaurants had recently been revised for certain industrial areas within the Town but did not apply to the subject lands. Through the required site plan process, certain issues such as building design, elevations, site circulation and other issues specific to the final design of the project would be dealt with. The Director advised Council that staff had no objections to the proposal and that, should Council concur, staff be authorized to prepare the implementing Zoning By-law Amendment. Applicant’s Comments Mr. Brian Corbett, indicated that he wished to add Drive-Thru and Take-Out, Restaurant to the list of permitted uses for the subject lands in order to accommodate certain national chain restaurants which have expressed an interest in the land. Public Comments No members of the public were present to address the application. The public portion of the meeting closed at 7:45 p.m. and Council’s deliberations began. #202. Moved by Councillor West Seconded by Councillor Morris THAT staff be authorized to prepare the implementing Zoning By-law Amendment. CARRIED PL98-031-077 re: Proposed Zoning By-law Amendment 1268264 Ontario Ltd. and Totera Meats (Former Scanlon Bakery Lands) 15207 Yonge Street Part of Lots 3 & 4, East of Yonge Street, Plan 68 Part of Lots 4 & 5, West of Victoria Street, Plan 68 D14-05-98 The Director of Planning provided a detailed overview of the proposal. The subject lands are located within a Central Commercial (C2) Zone. The Official Plan designation is “Historic Core-Community Commercial”. The applicants have requested an Aurora Special Council – Public Planning Minutes No. 10-98 Page 3 Thursday, March 26, 1998 amendment to a number of provisions of the Zoning By-law in order to allow for the construction of a five storey mixed use structure incorporating 216.4 square metres (2,330 square feet) of commercial floor area and 20 apartment units. Proposed amendments relate to reduction of required parking, increase in the percentage of residential permitted in the C2 Zone, reduction in driveway width, elimination of buffer strips, reduction in amenity space, and removal of the requirement of a separation between the driveway and building. A total of 30 parking spaces are proposed for the rear of the building. The Director indicated that the lands were occupied by a two storey brick structure and several out buildings constructed circa 1854 that once housed the Scanlon Bakery and that all building have recently been removed. The Director reviewed the details of the site plan including the parking area, proposed ingress and egress, building elevations, and location of commercial and residential accesses. Council was advised that the applicant had recently obtained an Access Agreement with the landowner to the north in order to facilitate ingress and egress from the site. The subject lands are located within the historic downtown core and the surrounding historic building were reviewed. Several Official Plan policies in connection with the redevelopment of the historic core along were also reviewed. A number of issues of concern identified by staff through the circulation process were reviewed including on- site parking, the proposed Yonge Street East parking project, property ingress and egress, building façade treatment, proximity to former Aurora Post Office Building, limited outdoor amenity area, hydro electric power, pedestrian access and external noise. In summary, the Director indicated that while Staff support the proposal in principle, it is recommended that it be referred back to Staff in order to resolve issues of concern as identified within the staff report. Applicant’s Comments The agent for the application, Mr. David Mills, indicated that the applicant has two other successful residential/commercial projects in the municipality. The subject application would improve the downtown core by benefiting local business, providing for much needed rental apartments as well as the contribution to the municipal tax base. The agent reviewed the details of the site plan including size, pedestrian access, vehicular ingress and egress, amenities, and landscape buffer strips. With respect to the proposed parking spaces, Mr. Mills indicated that approximately 1½ spaces would be provided per residential unit and that those parking spaces could be available to commercial users during the day. It was indicated that he would be prepared to consider providing cash-in-lieu of parking to assist in overcoming the parking deficiency. He confirmed that an Agreement with the owner of the old post office building to share the use of the proposed access driveway along the north property line had been obtained. The residential component includes 10 – 1 bedroom and 10 – 2 bedroom units. The height of the proposed structure would be slightly less than that of the adjacent clock tower and restriction of the view of the tower would be decreased due to the proposed set back of the structure. A visual depiction of the proposed structure in relation to the Post Office building was provided to demonstrate the view obstructions to be created. In consideration of LACAC’s comments, the façade of the proposed structure would be of an Italianate design, reflecting a historic design as well as being similar to the existing old post office building. In conclusion, the agent indicated that the applicant was prepared to work with staff to resolve the outstanding issues and requested an indication, in principle, from Council that the proposal would proceed. Public Comments A number of residents noted their general support of the application to develop the lands but expressed concerns with the structure as proposed. These concerns included the proposed proportion of commercial versus residential units, the precedent setting nature of the application, safety issues respecting access to the site, insufficient parking spaces, the proposed height of the structure, limited amenity areas, lack of integration with the surrounding properties, and the scale of the structure and impact on the existing streetscape. More specifically, several residents voiced their opposition to the aesthetics and mass of the solid wall proposed for the south elevation. The owner of the property immediately to the south expressed concern with the proximity of the proposed structure and the obstruction of several windows resulting in a reduction of sunlight and airflow into the adjoining building. Other concerns such as the overall lack of parking in Aurora Special Council – Public Planning Minutes No. 10-98 Page 4 Thursday, March 26, 1998 the downtown core and the desire to ensure the view of the post office clock tower was not obstructed were expressed. The public portion of the meeting closed at 9:10 p.m. and Council’s deliberations began. #203. Moved by Councillor McKenzie Seconded by Councillor Morris THAT Council, in principle, support the concept of the redevelopment of the subject lands for a mixed use building featuring commercial uses on the ground floor and residential apartment units above; and THAT Council refer the application back to staff so that negotiations with the applicant remain ongoing in order to resolve all items of concern as identified in the Staff Report including issues respecting onsite parking, the Yonge Street east parking project, the scale of the building and the windowless façade of the south elevation, prior to an implementing by-law proceeding to Council. CARRIED At 9:45 p.m. Council recessed. At 9:55 p.m. Council reconvened. PL98-032-078 re: Proposed Official Plan and Zoning By-law Amendment Amourin Investments Limited & J-G Cordone Investments Limited Lots 123, 124, 125 and 127 and Part of Lot 122, Plan 246 15277, 15283 & 15291 Yonge Street and 10, 12 & 14 Centre Street D09-03-97, D14-16-97 The Planner provided an overview of the proposal. The applicants propose to amend the provisions of the “Historic Core – Community Commercial Centre” Official Plan designation to permit an increase in building height from five stories to seven stories, and to rezone the lands from “Central Commercial (C2) Zone” to a site specific “Central Commercial (C2) Exception Zone”. The purpose of the amendments is to allow for the construction of a seven storey multi-use building incorporation 407 square metres (4,379 square feet) of commercial floor space, 72 residential apartment units, and one level of enclosed parking. The Planner listed the requested changes to the C2 Zone standards in addition to the series of Official Plan policies related to redevelopment of the historic core area as noted in the Staff Report. Council was advised that Staff did not support the proposal in its current format. The proposed height of the structure is beyond the Official Plan height requirements and greater than the existing development in the area, the negative impact upon current traffic patterns and servicing requirements, and the relationship between the site and its surrounding elements. In addition, approval of a project of this scale would set a precedent for subsequent developments elsewhere in the core area. The Planner explained that the comments received resulting from the circulation of the application indicate that additional technical information is required in order to properly evaluate the proposal. In conclusion, while staff support the application in principle, it was recommended that additional information be received in conjunction with the resubmission of revised plans to the satisfaction of the municipality and that a report providing a full analysis of the applications will be forwarded to Council for a full review. Applicant’s Comments The agent for the application, Mr. R. Truman, indicated support of the staff recommendation to refer the proposal back to staff. He recognized the need to address issues of concern including road widening and daylighting triangle requirements and provision of required studies. Mr. Truman explained that due to the irregularity of the site’s topography, only six of the proposed floors are usable. In conclusion, the agent requested Council to permit discussion with staff with respect to the proposed height and not to reject the proposal solely on this issue. Aurora Special Council – Public Planning Minutes No. 10-98 Page 5 Thursday, March 26, 1998 Public Comments Although several local residents expressed support with the redevelopment of the downtown core, concern with such issues as drainage, increased traffic, environmental issues and the proposed height related to the subject proposal were cited. It was noted that although the lands to the north are zoned “Commercial”, there are mainly existing residential dwellings in the area and the impact of a project of this magnitude should take existing uses into consideration. Sewer and stormwater concerns were also identified. The public portion of the meeting closed at 10:35 p.m. and Council’s deliberations began. #204. Moved by Councillor West Seconded by Councillor Morris THAT additional information be completed in conjunction with the resubmission of revised plans in keeping with Official Plan policies to the satisfaction of the municipality; THAT a report providing a full analysis of the application be forwarded to Council for a full review; and THAT an additional public meeting be scheduled to consider the revisions to the proposal and the issues raised at the meeting including water flow and height of the building. CARRIED PL98-033-079 re: Draft Plan of Subdivision and Rezoning Magna International Inc. and The Alpen House Limited Part of Lots 17, 18, 19 and 20, Concession II, E.Y.S. D12-98001A, D14-01-98 The Senior Planner provided a detailed review of the proposal. The applicant requested approval for a draft plan of subdivision proposing the following: Industrial (Blocks 1 and 2) 12.25 ha (30.27 ac) which includes the existing head office and research centre for Magna International; Residential (Block 5) 20.25 ha (50.85 ac) for 250 dwelling units with condominium ownership; and Private open space (Blocks 3 &4) 94.94 ha (234.6 ac) for an 18 hole private golf course with wetland feature in the middle. The applicant has also requested to change Zoning By-law 2213-78 from: “Rural General (RU) Zone”; “Rural General (RU-3iii) Exception Zone”; “Rural General (H)RU-6 Exception Zone”; “Rural General (RU-7) Exception Zone”; “Rural General (H)RU-8 Exception Zone” and “Environmental Protection (EP-9) Exception Zone” to “Major Open Space (H)O Exception Zone” to permit the development of an 18 hole private golf course. The Senior Planner explained that although the principle of development has been determined for this site through the Secondary Plan process for OPA No. 20, the review process for these applications has identified several technical issues which must be addressed prior to the issuance of draft plan conditions. Also, with the appeal of Regional Official Plan Amendment No. 3 to the Ontario Municipal Board, the timing for the final approval of the draft plan of subdivision and the zoning by-law coming into force will be delayed. The proposed plan of subdivision and the zoning bylaw amendment cannot become effective until OPA No. 20 is approved. The Planning Act, however provides that by-laws can be passed that depend on approval of an OPA but that they do not come into force until the OPA is approved. Although the technical issues should be addressed prior to the draft plan of subdivision application proceeding, the zoning by-law with an “H” Holding prefix could be passed based on the previous OPA No. 8, in anticipation of the other required approvals and construction of the golf course could begin this spring. Aurora Special Council – Public Planning Minutes No. 10-98 Page 6 Thursday, March 26, 1998 #205. Moved by Councillor Healy Seconded by Councillor Morris THAT the provisions of the Procedural By-law be waived, the hour of adjournment be extended and the agenda be completed. CARRIED Applicant’s Comments Mr. D. Given, agent for the application, indicated agreement with the recommendations in the Staff Report. The agent informed Council that the applicant wished to proceed with the details of the proposal separate from the Official Plan Amendment and is willing to work with staff respecting the technical issues outlined in the Staff Report. Public Comments Issues raised by those in attendance included concern with the use of water from a deep well to irrigate the proposed golf course and the limitation of water supply to other potential development in the area, and desire that the Official Plan designation of the lands to the north and west of the above noted subdivision (Bayview Wellington North) be amended from “Industrial” to “Residential”. In this regard, a representative stated that the residential community, including the Bayview Wellington North lands, be completed prior to the development of the Magna lands. Several residents of the Wellington Lands subdivision also expressed their concerns in this matter. Concern with the lack of pre-consultation with adjoining landowners to the north of Wellington Street respecting the proposed road patterns, the impact on the Wellington corridor study and the 2B Secondary Plan, and the prematurity of the draft plan was also expressed. The public portion of the meeting closed at 11:30 p.m. and Council’s deliberations began. #206. Moved by Councillor West Seconded by Councillor Morris THAT the application for a Draft Plan of Subdivision D12-98001A to permit a mix of residential, industrial and open space (private golf course) be referred back to staff for further review so that the applicant can address the outstanding issues noted in the staff report, the issues arising from the public meeting including the road alignment concern expressed and comments from the Region of York, and to report back to Council when all the issues have been addressed to the satisfaction of staff; THAT Zoning By-law Amendment D14-01-98 to permit additional lands to be used for open space (private golf course) be approved in principle; THAT a by-law be drafted and brought forward in conjunction with the site plan agreement to implement the zoning by-law amendment. CARRIED ADJOURNMENT #207. Moved by Councillor West THAT the meeting be adjourned at 11:58 p.m. CARRIED Aurora Special Council – Public Planning Minutes No. 10-98 Page 7 Thursday, March 26, 1998 ___________________________ _____________________________________ T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK