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MINUTES - Special Council - 19980423 TOWN OF AURORA SPECIAL COUNCIL PUBLIC PLANNING MEETING NO. 16-98 Council Chambers Aurora Town Hall Thursday, April 23, 1998 7:30 p.m. ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Hartwell, Healy, Hinder, Hogg, McKenzie (7:35), Morris, and West. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services, Director of Planning, Planners, and Administrative Assistant. DECLARATIONS OF INTEREST Councillor Hartwell declared an interest in Report PL98-040-108 by virtue of a potential business relationship with the applicant and 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 #266. Moved by Councillor Griffith Seconded by Councillor Hartwell 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 Aurora Vehicle & Recycling (Tony Carcone), Part Lot 11, Concession 2, application number D14-10-98; proposed Official Plan and Zoning By-law Amendments for Duca Community Credit Union/1232803 Ontario Inc., Lot 4, Plan 36, application numbers D09-02-98, D14-11- 98; proposed Zoning By-law Amendment, Perwick Investments Ltd., Part Lot 81, Concession 1, EYS, application number D14-06-98; proposed Zoning By-law Amendment for Aurora Mills Development Limited, Lot 16-20, Plan 231, application number D14-09-98; and proposed Official Plan and Zoning By-law Amendments for St. John’s Bay Company Ltd. (Loblaws Properties Ltd.), Lots 2, 3 and Block 4, Plan 65M- 2874, application numbers D09-01-98, D14-04-98. M I N U T E S Aurora Special Council – Public Planning Minutes No. 16-98 Page 2 Thursday, April 23, 1998 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. The Clerk advised that the required Notices of Meeting for the applications under consideration were mailed on March 30, 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 a 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 PL98-037-106 re: Proposed Zoning By-law Amendment Aurora Vehicle & Recycling (Tony Carcone) Part of Lot 11, Concession 2, 1030 Bloomington Road East D14-10-98 Mr. Jim Kyle, Planner, provided an overview of the proposal. The subject lands are used for an auto wrecking and recycling operation. The structures located on the site include a brick and metal clad building, an accessory building and a residential dwelling which is serviced by a separate driveway. The lands are designated “Rural” and is identified as a Site Specific Policy Area which recognizes the existing auto wrecking yard. The lands are zoned “Rural” which does not permit auto recycling uses. The applicants propose to rezone the property to a site specific “Rural General (RU) Exception Zone” to recognize the existing automobile wrecking and recycling use and to permit the construction of a new 1,110 m2 (11,948 ft2 ) parts warehouse. The Planner informed Council that the Committee of Adjustment had previously approved separate applications for minor variance to permit the reconstruction and expansion of an existing building and subsequent construction of an accessory building. A recent application to permit the construction of the building, which is the subject matter of this application, was denied by the Committee of Adjustment on the basis that it was not minor in nature and would be better dealt with through the zoning by-law amendment process. The Planner stated that the proposal would not generate additional adverse impacts on the surrounding land uses as the location of the proposed building is well separated from the existing residential uses and the perimeter of the site is bermed and landscaped. In conclusion, the Planner indicated that staff had no objection to the proposal and recommended that third reading of the By-law be held in abeyance pending the execution of a Site Plan Agreement. Applicant’s Comments Mr. Bill Power, Power Planning Associates on behalf of the applicant, indicated his support of the staff recommendation. He further stated that the auto recycling had been operating on the site for several years and the proposal would be an improvement to the use. 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. Aurora Special Council – Public Planning Minutes No. 16-98 Page 3 Thursday, April 23, 1998 #267. Moved by Councillor West Seconded by Councillor Morris THAT Staff be authorized to prepare an implementing By-law for first and second reading with third reading pending the execution of a Site Plan Agreement. CARRIED PL98-038-107 re: Proposed Official Plan and Zoning By-law Amendment Duca Community Credit Union/1232803 Ontario Inc. Lot 4, Plan 36, 15 Machell Street D09-02-98, D14-11-98 Mr. Rob Hughes, Planner provided an overview of the proposal. The subject lands are located on the east side of Machell Street north of Wellington Street West and are currently vacant. The applicants propose to amend the Official Plan from “Historic Core – Commercial” to “Urban Residential” and the Zoning By-law from “Central Commercial (C2) Zone” to a site specific “Row Dwelling Residential (R6) Exception Zone”. The purpose of the amendments is to allow for the development of the lands for a three unit freehold rowhouse structure. Exceptions to the standards include reductions in the minimum lot frontage for both the total parcel and individual units, minimum front yard set back, minimum interior side yard set back, and an increase in the permitted coverage. The Planner advised that the subject proposal is similar in concept to both the Diamond and Canopy developments previously approved by Council. The subject application meets the objectives of a series of criteria respecting the development of lands for medium density residential purposes as set out in the Official Plan. It was noted that the lands on all sides of the subject lands are designated as commercial within the Official Plan and Zoning By-law. It was suggested that Council should consider redesignating the abutting properties to residential in order to avoid a negative impact upon the subject lands in terms of the potential development of parking lots, lighting, garbage receptacles, etc. In conclusion, the Planner indicated that staff had no objection to the proposal subject to the processing of a Site Plan Application prior to the adoption of an implementing By-law in order to address such matters as minimum frontage and interior side yard requirements, building elevation design, landscaping, road widening, and servicing and grading issues. Applicant’s Comments Mr. Duro Bucanic on behalf of the applicant, indicated that he had nothing further to add, however he was available to answer any questions on the application. Public Comments One resident of the local area indicated opposition to the proposal. Her concerns included increased density and traffic in the area, pollution, school overcrowding, and the impact on the existing water and sewer infrastructure. In addition, she noted the velocity of the watercourses in the nearby area and possible safety issues respecting young families who may locate in the proposed development. The owner of properties abutting the subject lands on either side informed Council of the steep slope of the lands. He indicated concern with the impact of stormwater runoff and drainage on his lands, and suggested that there may be an underground watercourse that would affect site development. In addition, he questioned the applicant’s intention for the existing vegetation on the subject lands. In response, the agent indicated that an Arbourist’s report could be prepared and that a significant amount of landscaping is proposed. The public portion of the meeting closed at 8:15 p.m. and Council’s deliberations began. #268. Moved by Councillor Griffith Seconded by Councillor Hogg THAT approval for the subject application be granted on the basis that 2 units rather than 3 units be constructed on the site; Aurora Special Council – Public Planning Minutes No. 16-98 Page 4 Thursday, April 23, 1998 THAT the front yard and side yard set backs to the lot lines not be adjusted; and THAT a soil analysis be done prior to approval of the Site Plan Agreement. CARRIED #269. Moved by Councillor Griffith Seconded by Councillor Hogg THAT the four lots to the north of the subject lands be considered for redesignation to residential uses in the Official Plan; and THAT Staff be directed to consult with the owners and provide a subsequent Report to Council in this regard. CARRIED PL98-040-108 re: Proposed Zoning By-law Amendment Perwick Investments Ltd., Part of Lot 81, Concession I, EYS Wellington Street East at John West Way D14-06-98 Mr. Bruce Hoppe, Planner provided an overview of the proposal. The subject lands are currently zoned “Shopping Centre Commercial (C4-5) Exception Zone. The applicant proposes to amend the provisions of the zone to include drive-thru restaurants as an addition to the uses already permitted. In addition, other exceptions to the provisions of the By-law have been requested. These exceptions include permission for a loading space to face the street and reductions in the minimum landscape strip, minimum rear yard setback, and minimum setback from the street line of Wellington Street East. The proposal would facilitate the construction of a drive-thru restaurant on the lands. Two additional multi-tenant commercial buildings are also proposed for the property. The Planner reviewed the details of the site plan and drawings noting the facade treatments and that further investigation into the issue of vehicular access for the site was warranted. Both of these issues may be further dealt with through the site plan approval process. He indicated that staff have had preliminary discussions with two other landowners to the north and west of the subject lands with respect to utilizing the unopened road allowance known as Mill Street located to the west of the site and would wish the opportunity to examine this option further. An objection from the Local Architectural Conservation Advisory Committee was noted on the basis that a drive-thru restaurant is an inappropriate use on a major roadway entering the historic core. In conclusion, the Planner indicated that while staff believe the application may have merit, further investigation from a technical perspective is required from both an urban design and traffic impact point of view and that a Site Plan Agreement be entered into in order to refine the plan prior to third reading of the By-law. Applicant’s Comments Ms. Helen Lepek, Templeton-Lepek Limited on behalf of the applicant indicated that the owner was aware of the prominence of the site and had spent considerable time respecting design issues. She noted that the property was constrained by an existing sewer easement which limited the siting of the buildings and access to Wellington Street East. Ms. Lepek stated that the requested reduction in the landscaping requirement would have little overall impact on the site. In conclusion, the agent indicated that the drive-thru component was very important economically to the development and requested that Council endorse the proposal. Public Comments The owner of a 15 acre property to the north of the subject lands indicated that his property did not have access to Wellington Street East and requested Council to provide an unobstructed access to John West Way through the subject lands. Aurora Special Council – Public Planning Minutes No. 16-98 Page 5 Thursday, April 23, 1998 A local resident of the Amberhill Subdivision expressed concern with the volume of traffic generated by a drive-thru restaurant, its proximity to the Town Hall, and the impact on the use of the valley lands. The agent for the proposed Aurora Mills development expressed his support of the application and requested that the issue of access be dealt with during the rezoning stage of the development. The public portion of the meeting closed at 9:00 p.m. and Council’s deliberations began. #270. Moved by Councillor West Seconded by Councillor Healy THAT the application be rejected in the form submitted; THAT the proposal be referred back to Staff to address the aesthetic concerns expressed; THAT the drive-thru component be eliminated; and THAT the Mill Street access issue be resolved prior to final approval of the site plan. CARRIED Councillor Hartwell, having previously declared an interest in this Report, did not take part in the vote called for in this regard. PL98-041-109 re: Proposed Zoning By-law Amendment Aurora Mills Development Limited Lots 16-20, Registered Plan 231 280, 282, 286, 290 & 294 Wellington Street East D14-09-98 Mr. Bruce Hoppe, Planner provided an overview of the proposal. The subject lands are located within a “Rural General (RU) Zone”. The applicant proposes to rezone the property to a “Shopping Centre Commercial (C4-5) Exception Zone” in keeping with the abutting lands to the east (Perwick site). A special provision to reduce the minimum lot area has also been requested. Additionally, the applicants seek provisions for permission for a loading space to face the street and reductions in the minimum landscape strip, minimum rear yard set back, and minimum setback from the streetline of Wellington Street East in keeping with the application respecting the abutting lands to the east (Perwick lands). The proposal would facilitate the construction of a commercial development on the subject property. The Planner reviewed the details of the site plan and noted that it was of a preliminary nature. He indicated that a possible connection to the Mill Street road allowance has not been provided for, however it appears possible at the northeast portion of the site. With respect to the requested provisions and the drive- thru use, the Planner suggested that until such time as a more refined Site Plan Application has been prepared, staff cannot fully evaluate the requests at this time. In conclusion, the Planner indicated that while staff have no objection in principle to an amending Bill to reflect a (C4-5) zone for the subject site, staff do not support any changes from those provisions until such time as the applicant prepares a more detailed site plan allowing the opportunity for a proper review. Applicant’s Comments Mr. Claudo Brutto, Brutto Consulting on behalf of the applicant clarified that the subject application was not for a site plan approval, but rather for a request to rezone the property. The intention for the application is to keep pace with the abutting Perwick development. He requested that the matter of access be addressed at the zoning by- law amendment stage and indicated acceptance with the current (C4-5) zoning provisions. Aurora Special Council – Public Planning Minutes No. 16-98 Page 6 Thursday, April 23, 1998 Public Comments The owner of the abutting property to the north of the subject lands requested that the proposed buildings be limited to one storey in height in order to reduce the impact on any future development of his lands. The public portion of the meeting closed at 9:32 p.m. and Council’s deliberations began. #271. Moved by Councillor Healy Seconded by Councillor Hogg THAT the application be deemed premature at this time; and THAT the Mill Street access issue be resolved by the applicant and the adjoining neighbours. CARRIED PL98-045-110 re: Proposed Official Plan Amendment and Zoning By-law Amendment St. John’s Bay Land Company Ltd. (Loblaw Properties Ltd.) Lots 2, 3 & Block 4, Registered Plan 65M-2874 Bayview Avenue and St. John’s Sideroad East D09-01-98, D14-04-98 The Director of Planning provided an overview of the proposal. The applicants propose to amend the Official Plan from “Service Commercial” and “Prestige Industrial” to “ Community Commercial” and the Zoning By-law from “Industrial Commercial (C5) Zone” and “Prestige Industrial (M4) Zone” to a site specific “Campus Commercial (C9) Exception Zone”. The purpose of the amendments is to permit the construction of a free-standing supermarket building (Loblaw’s) having an approximate floor area of 6,112 m2 (65,791 ft2) with the ability to expand up to 7,970 m2 (85,791 ft2). The Director of Planning reviewed the details of the proposed site plan noting the importance of the site as the gateway from the north for Bayview Avenue to the urban portion of the Town. It was indicated that staff had concern with the subject applications primarily related to the market demand for an additional store at this time given the potential impact on existing establishments and the appropriate geographical distribution of such facilities as the Town expands to the east. The major issues of concern included the marketing consideration where a peer review indicated that the marketing basis for an additional food store in Aurora at the present time was not supportable, the intent of the Official Plan policies and its effect on the existing Sobey’s Food Village, the erosion of community industrial base and urban design considerations for the purpose of the gateway. In conclusion, the Director of Planning indicated that although site plan and design issues may be addressed through further processes, staff have serious concerns and cannot support the proposal at the present time. Applicant’s Comments Mr. Brian Corbett and Stacey Williams, on behalf of St. John’s Bay Land Company Ltd., advised Council that the subject area has remained vacant for several years and has been aggressively marketed since its recent acquisition. Mr. Corbett indicated that Loblaw’s has conducted an extensive search which resulted in the selection of the proposed site. In addition, their interest in the site has sparked interest in the area for others. The details of the site plan and elevation drawings were reviewed. In response to the matter of spacing between supermarkets, Mr. Corbett indicated that the distance between the proposed Loblaw’s and the existing Sobey’s supermarkets was greater than between other existing supermarkets within the municipality. The loss of industrial lands would result in a gain in employment lands. With respect to the market study issue, he stated that the proponents are willing to accept the imposition of a “Holding Zone” on the lands until such time as the issue is resolved. He indicated that the proposed store would service Aurora and the southern section of Newmarket and that a significant number of Aurora residents currently use the Loblaw’s supermarkets in both Newmarket and Richmond Hill. In conclusion, Mr. Corbett stressed the importance of Aurora Special Council – Public Planning Minutes No. 16-98 Page 7 Thursday, April 23, 1998 establishing the proposed land use at this time and requested Council to approve the proposal in principle. Public Comments Ms. Lindsay Dale Harris, on behalf of Penequity representing the existing Zellers and Sobey’s stores for the Aurora Centre expressed serious concern with the proposal. She stated that approval of additional commercially zoned lands would undermine the viability of the existing commercial uses. A Marketing Consultant indicated agreement with the peer review conducted by Mr. Winter in that the proposal was premature at this time. Legal counsel for the existing Sobey’s supermarket informed Council that the proposal would cause tremendous risk to his client’s store, that the size of the store was purposely reduced, and that the store had not begun to reach its full potential to date. #272. Moved by Councillor Hartwell Seconded by Councillor McKenzie THAT the provisions of the Procedural By-law be waived, the hour of adjournment be extended and the agenda be completed. CARRIED A nearby resident expressed concern with the aesthetics of the proposal noting the significant location of the lands and questioned the need for an additional supermarket at the present time. The public portion of the meeting closed at 11:09 p.m. and Council’s deliberations began. #273. Moved by Councillor Griffith Seconded by Councillor Hartwell THAT the principle of the change in Official Plan designation and Zoning applying to the subject lands in accordance with the application be endorsed; THAT the application be referred back to Staff to:  continue to work with the applicants to resolve the market related concerns expressed by the Town’s review of the supporting documentation provided;  analyze the impact of the proposal on the future commercial components of the Wellington Street East developments in the vicinity of Leslie Street;  ensure that the site plan and urban design issues identified as set out in the Report PL98-045-110 are addressed by the applicant;  the concerns expressed by those in attendance this evening are responded to; and THAT subject to the satisfactory resolution of the foregoing, Staff be directed to prepare an Official Plan Amendment and Zoning By-law Amendment incorporating a Holding prefix with these documents to be tabled for Council’s consideration at an appropriate future time. On a recorded vote, the resolution was CARRIED YEAS: 5 NAY: 4 VOTING YEA: Mayor Jones, Councillors Griffith, Hartwell, Hinder and Hogg Aurora Special Council – Public Planning Minutes No. 16-98 Page 8 Thursday, April 23, 1998 VOTING NAY: Councillors Healy, McKenzie, Morris and West At this point in the meeting the Chief Administrative Officer informed Council of a potential chemical spill at 12 Industrial Parkway South. ADJOURNMENT #274. Moved by Councillor Healy THAT the meeting be adjourned at 11:45 p.m. CARRIED ___________________________ ____________________________________ T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK