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MINUTES - Special Council - 19980826 TOWN OF AURORA SPECIAL COUNCIL PUBLIC PLANNING MEETING NO. 28-98 Council Chambers Aurora Town Hall Wednesday, August 26, 1998 6:30 p.m. ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors, Hartwell, Healy, Hinder, Hogg (6:36), McKenzie, Morris, and West. Councillor Griffith was absent on vacation. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services, Director of Planning, Director of Building Administration/Acting Director of Public Works, Senior Planner, Planner, and Administrative Assistant. DECLARATIONS OF INTEREST Councillor Hartwell declared an interest in Report PL98-087-194, regarding Perwick Investments Ltd. for Part of Lot 81, Concession 1, EYS, Wellington Street East at John West Way, 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 #538. Moved by Councillor Hartwell Seconded by Councillor McKenzie THAT the content of the Agenda be approved as outlined herein, with the addition of correspondence from Brutto Consulting regarding Proposed Zoning By-law Amendment D14-16-98, Perwick Investments Limited. CARRIED Mayor Jones advised that this meeting had been called as a Public Meeting with respect to proposed Zoning By-law Amendment Application for Tiziana and Louis Tolfo, Part of Lot 76, Concession 1, WYS, application number D14-14-98 and with respect to proposed Zoning By-law Amendment Application for Perwick Investments Ltd., Part Lot 81, Concession 1, EYS, application number D14-16-98. 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 M I N U T E S Aurora Special Council – Public Planning Minutes No. 28-98 Page 2 Wednesday, August 26, 1998 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 confirmed that the required Notice of Meeting for the applications were given and that the necessary signs were posted on each property in accordance with the rules of procedure under the Planning Act. PLANNING APPLICATIONS PL98-085-193 - Zoning By-law Amendment Application Tiziana and Louis Tolfo 14591 Bathurst Street Part of Lot 76, Concession 1 W.Y.S. D14-14-98 Ms. Sarah Henstock, Senior Planner, provided an overview of the proposal including the location, surrounding uses, and applicable Official Plan and Zoning By-law designations respecting the subject lands. The Planner indicated that the purpose of the application was to amend the Zoning By-law in order to accommodate a future severance of the property into two lots. The applicants propose to retain the existing house on the westerly lot with a reduced side yard of 1.4 m (4.59 ft.) from 4.5 m (14.7 ft.) and rear yard of 4.0 m (13 ft.) from 9.0 m (29.5 ft.). The severed lot is proposed for the east side of the property and would permit a single detached dwelling with a reduced frontage of 13.0 m (42.6 ft.) from 30.0 m (98.4 ft.). Ms. Henstock explained that the site, as it currently exists, meets the area requirements of the Official Plan, however a future required road widening, resulting from the severance of the lands, would reduce both the lot area and setback from Bathurst Street to below the minimum requirements. Once the zoning is in place the section of the Zoning By-law dealing with the effects of expropriation or road widenings would apply, thereby permitting the continued use of the lot with a reduced area. In conclusion, the Senior Planner indicated that the frontage of the proposed severed lot would be in keeping with the adjacent lots within the Aurora Gardens Subdivision, the reduced standards are appropriate for the site and that the proposal would maintain the rural quality of Bathurst Street. Applicant’s Comments Mr. Howard Friedman of HBR Planning Centre, on behalf of the applicant, indicated that Mr. Ricci originally acquired the lands and subsequently conveyed them to his daughter and son-in-law, the current owners of the subject property. Mr. Ricci now intends to construct a dwelling on the proposed severed lands. Mr. Friedman stated that the proposed severed lot would be in keeping with the size and shape of the lots within the abutting subdivision, that it would be connected to full municipal services, and that the aesthetics of the new subdivision would be improved as there would be a house constructed facing Willis Drive, thereby completing the lot fabric in the neighbourhood. The reductions in standards for the rear yard and side yard requirements serve to recognize the sheds currently existing on the property. The reduction in lot frontage is necessary for the proposed severed lot. Public Comments No members of the public were present to address the application. The public portion of the meeting closed at 7:47 p.m. and Council’s deliberations began. #539. Moved by Councillor West Seconded by Councillor Morris THAT Staff be directed to prepare an implementing site specific Bill to be brought forward to the next available Council Meeting. Aurora Special Council – Public Planning Minutes No. 28-98 Page 3 Wednesday, August 26, 1998 CARRIED PL98-087-194 - Proposed Zoning By-law Amendment Perwick Investments Ltd. Part of Lot 81, Concession 1 EYS Wellington Street East at John West Way D14-16-98 Mr. Bruce Hoppe, Planner, provided an overview of the proposal including the location, surrounding uses, and applicable Official Plan and Zoning By-law designations respecting the subject lands. The Planner indicated that the applicants propose to amend the provisions of the “Shopping Centre Commercial (C4-5) Exception Zone” to include drive-thru restaurants as an additional permitted use. In addition, other requested 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 Wellington Street. The proposal would facilitate the construction of a drive-thru Tim Horton’s/Wendy’s combination restaurant on the lands. Two additional buildings are proposed on the site for commercial uses. Mr. Hoppe explained that the subject application is similar to an earlier application that was rejected by Council except that several changes to the aesthetics of the site have been made in order to address Council’s concerns. Through the input of a Design Consultant, changes to the proposal were made which included an extension of the roof over the drive-thru lanes, coupled with a low brick wall and columns, a patio as well as an upgrade of the rear elevation of Building “A”. It was noted that these changes would be more closely reviewed at the site plan approval stage. It was indicated that staff had no objections to the proposal, however it was suggested that further investigation is required to review urban design, landscaping, and traffic impact issues. In conclusion, the Planner suggested that an implementing Bill be prepared based on an analysis of the forthcoming site plan application. Applicant’s Comments Ms. Helen Lepek of Templeton-Lepek Limited, on behalf of the applicant provided Council with a presentation package containing various design materials respecting the proposal. She indicated that the main purpose of the application was to permit a drive- thru component to the site. It was indicated that, in response to Council’s concerns expressed with the earlier application, there had been significant input from Consultants with great attention to detail reflected in the revisions to the previous proposal. Ms. Lepek reviewed the details of the proposed landscape plan, elevations, and design enhancements, noting the encouragement of pedestrian access to the site. Traffic issues were also discussed as well as access to the adjacent property owner’s, Mr. Kovacs lands. In conclusion, Ms. Lepek stated that these issues could be further addressed through the site plan process and requested endorsement of the application for a Zoning By-law amendment. Public Comments Mr. Kovacs, owner of a 15 acre parcel of vacant land to the north/west of the subject lands, informed Council that there was no road access to his lands and that the proposals for access to date, in connection with the development of the subject lands, were unacceptable. He suggested that access to his lands be provided via Park Street, which would be built and maintained by the Town. #540. Moved by Councillor West Seconded by Councillor Healy THAT the application be approved in principle as outlined in Report PL98- 087-194 with the exceptions as requested; and THAT no zoning approvals occur until the road access issue is resolved at no cost to the Town including the Mill Street shared driveway, and the site Aurora Special Council – Public Planning Minutes No. 28-98 Page 4 Wednesday, August 26, 1998 plan application is received and processed, and the technical issues are resolved as identified in the Staff Report. CARRIED Councillor Hartwell, having previously declared an interest in this Report, did not take part in the vote called for in this regard. ADJOURNMENT #541. Moved by Councillor McKenzie THAT the meeting be adjourned at 7:45 p.m. ___________________________ ____________________________________ T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK