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MINUTES - Special Council - 19981126 TOWN OF AURORA SPECIAL COUNCIL PUBLIC PLANNING MEETING NO. 42-98 Council Chambers Aurora Town Hall Thursday, November 26, 1998 7:30 p.m. ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Hartwell, Healy, Morris, and West. Councillors Hinder and McKenzie were absent due to medical reasons. Councillor Hogg was absent due to a prior commitment. STAFF MEMBERS Director of Corporate Services/ Acting Chief Administrative Officer, Director of Planning, Administrative Coordinator/Acting Deputy Clerk, Planners, and Administrative Assistant. DECLARATIONS OF INTEREST Councillor Griffith declared an interest in Report PL98-124-303 regarding the proposed Zoning Amendment By-law, Sidney Dinning, Part of Lot 76, Concession 1, W.Y.S., 660 Henderson Drive, D14-22-98, by virtue of a family member’s residence at the subject property 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 #802. Moved by Councillor West Seconded by Councillor Healy 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 proposed Zoning By-law Amendment for Sidney Dinning, Part of Lot 76, Concession 1, W.Y.S., 660 Henderson Drive, application number D14-22-98, proposed Zoning By-law Amendment for Giussepe and Emilia Berni, Part of lot 81, Concession 1, W.Y.S., 678 Wellington Street West, application number D14-21-98, and proposed Official Plan and Zoning By-law Amendments for McGrath-Hunter, Part of 17, Plan 68 and Lot 164 and Part of Lots 163 and 165, Plan 246, 15085 Yonge Street, application numbers D09-06-98 and D14-20-98. M I N U T E S Aurora Special Council – Public Planning Minutes No. 42-98 Page 2 Thursday, November 26, 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 of York or the Ontario Municipal Board. Names and addresses of speakers are required as a part of the record of the proceedings. The Acting Deputy Clerk confirmed that the required Notice of Meeting for the applications was given and that the necessary signs were posted on each property in accordance with the rules of procedure under the Planning Act. PLANNING APPLICATIONS PL98-124-303 - Proposed Zoning By-law Amendment Sidney Dinning, 660 Henderson Drive Part of Lot 76, Concession I, W.Y.S. D14-22-98 Mr. Rob Hughes, Planner, provided an overview of the subject proposal including the location, surrounding uses, and applicable Official Plan and Zoning By-law designations. The Planner advised that the applicant proposed to rezone the subject lands from “Rural Residential (R) Zone” to a site specific “Detached Dwelling First Density (R1) Exception Zone” and “Detached Swelling Second Density (R2) Exception Zone”. The purpose of the amendment is to allow for the division of the subject lands into a total of three separate lots. It was indicated that the applicants propose that two of the lots, each having a frontage of 18.3 m (60 ft) and 19.8 m (65 ft) respectively, face a private right-of-way that would access the existing home at the rear. To resolve the issue of frontage, the applicants propose to provide a narrow frontage for each lot through division of the laneway. Exceptions to the standard R1 zone category as identified include a reduction in the minimum lot frontage from 30 m (98 ft) to 13.7 m (45 ft) while exceptions to the R2 zone include a reduction in the minimum lot frontage from 15 m (49 ft) to 6.0 m (19.7 ft). For the purposes of defining siting specifications, the applicants propose that the laneway be determined to be the lot frontage. Mr. Hughes informed Council of the history of the lot configuration in the area noting that the subject lot was previously severed from one of the larger lots of the rural strip development along Henderson Drive. He indicated that there were some concerns with the proposed development of the subject lands, including the inability to control matters such as access and servicing on lots which are not fronting on a public right-of-way, potential precedent for similar applications within the community, adverse impact on existing trees and vegetation, and potential impact on the Case Woodlot located directly across Henderson Drive. The Planner suggested that if Council viewed the proposal favourably, a Site Plan Agreement be entered into to address matters such as the provision of a full vegetation inventory and tree impact analysis, a full set of detailed plans, a Shared Facilities Agreement, dedication of required road widenings, and an Acoustic Report. In addition, other issues should be dealt with such as urban design control and fire related issues dealing with access and water supply to the properties. Mr. Hughes then informed Council that contrary to the information provided in the Staff Report, there were no comments written received from the public with respect to the subject application. Applicant’s Comments Mrs. E. Dinning, on behalf of the applicant, indicated that it was an appropriate time to develop the subject lands, given the current development of the surrounding lands and proceeded to address the concerns noted in the Staff Report. Mrs. Dinning noted that the original plan was to create three lots, but was reduced to two lots and configured in such a manner so as to preserve as much of the existing trees and vegetation as possible. In addition, future owners of the proposed lots would prefer to retain the existing trees and that there would be no impact to the trees on the remainder lands which form the majority of the lot area. It was noted that there would be significant tree loss associated with the lands to be conveyed to the Town for the purposes of a future road widening. Mrs. Dinning indicated agreement with the recommended Shared Facilities Agreement, however stated that an Acoustic Report was unnecessary and that the Report prepared in Aurora Special Council – Public Planning Minutes No. 42-98 Page 3 Thursday, November 26, 1998 conjunction with the development of the neighbouring subdivision should be sufficient. It was requested that through the future reconstruction of Henderson Drive that the grading of the existing driveway to the site be corrected. Public Comments No members of the public were present to address the application. The public portion of the meeting closed at 7:51 p.m. and Council’s deliberations began. #803. Moved by Councillor West Seconded by Councillor Morris THAT the application be approved in principle; THAT the applicant enter into a Site Plan Agreement prior to the adoption of an implementing By-law, in order that matters such as a vegetation analysis, Shared Facilities Agreement, fire route access, road widenings, and other issues raised in Report PL98-124-303 can be addressed with the exclusion of the requirement for an Acoustic Report considering the effects of traffic along Henderson Drive on the unit abutting the roadway; THAT the concerns expressed by the Fire Department with respect to access to all properties over the laneway and water supply be addressed as part of the site plan agreement process; and THAT a Noise Warning clause be inserted into the Site Plan Agreement to be registered on title respecting the subject lands informing potential purchasers of a possible negative impact in this regard. CARRIED Councillor Griffith, having previously declared in interest in this Report, did not take part in the vote called for in this regard. PL98-126-304 - Zoning By-law Amendment Application Giuseppe and Emilia Berni, 678 Wellington Street West Part of Lot 81, Concession I, W.Y.S. D14-21-98 Mr. Jim Kyle, Planner, provided an overview of the subject proposal including the location, surrounding uses and applicable Official Plan and Zoning By-law designations. The Planner advised that the applicant proposed to rezone the subject lands to allow for the creation of one additional lot through a future severance which would yield the end result of two separate lots both fronting onto Wellington Street West. The purpose of the application is to change the zoning from the “Holding (H) Zone” to a “Detached Dwelling First Density (R1) Exception Zone”. The exception is to recognize the existing side yard setbacks of the dwelling of 1.75 metres (5.7 feet) and the garage of 2.0 metres (6.6 feet) whereas a side yard setback of 4.5 metres (14.8 feet) is required under a “R1” zone standard. The Planner reviewed the site plan for the property noting that the proposed severed and remainder lands were similar in size to that of the neighbouring lots. He then reviewed the history of the lands indicating that the applicant, over the course of time, purchased a number of remnant parcels of land from the adjacent subdivison resulting in a total lot area of 1.29 acres, the most recent acquisition being the westerly strip of land over which is an 11 metre (36 foot) wide right-of-way. The right-of-way provides for access to the lot immediately to the west, and access to the proposed westerly lot is also proposed via this same existing gravel driveway. Mr. Kyle reviewed the comments received by the circulated agencies noting that a number of issues would be addressed through a future severance application. In summary, the Planner indicated that the requested rezoning is adequate to deal with the site and should facilitate the future severance and suggested that a Bill be brought forward with third reading being conditional upon the decision of the Committee of Adjustment on a subsequent severance application. Applicant’s Comments Aurora Special Council – Public Planning Minutes No. 42-98 Page 4 Thursday, November 26, 1998 Mr. Howard Friedman, on behalf of the applicant, informed Council that his client had resided on the property for approximately 17 years. He indicated that his client intended to sever the subject lands to create one additional building lot and that the existing garage located on the proposed severed lands would be preserved. Mr. Friedman indicated agreement with the recommendation in the Staff Report noting that issues related to access easements and servicing, and further review by the Lake Simcoe Region Conservation Authority and York Region would follow in conjunction with a future severance application. Public Comments No members of the public were present to address the application. The public portion of the meeting closed at 8:25 p.m. and Council’s deliberations began. #804. Moved by Councillor West Seconded by Councillor Griffith THAT the application be approved in principle; and THAT staff be directed to prepare an implementing site specific Bill to be brought forward to the next available Council Meeting with third reading being conditional upon the decision of the Committee of Adjustment on the severance application. CARRIED PL98-128-305 – Proposed Official Plan and Zoning By-law Amendment McGrath-Hunter, Part of Lot 17, Registered Plan 68, and Lot 164 and Part of Lots 163 and 165, Registered Plan 246 15085 Yonge Street, D09-06-98, D14-20-98 Mr. Bruce Hoppe, Planner, provided an overview of the subject proposal including the location, surrounding uses, and applicable Official Plan and Zoning By-law designations. He also provided a brief history of the property noting that a previous rezoning application was never finalized by the previous owner and the property was subsequently sold. The applicants propose to change the Official Plan designation from “Commercial” to “Commercial Special” and to amend the provision of the “Central Commercial (C2-6) Exception Zone”. The Planner advised that the purpose of the applications was to allow for the construction of a five storey commercial/residential development, with 2 commercial units and a parking garage on the ground floor comprising a total area of 4975 square metres (53,552 sq. ft.) and 24 residential condominium units on the floors above. The Official Plan policies under consideration include permitting a residential building within the Historic Core Community Commercial area, while exceptions to the C2-6 Zone category as identified include an increase in the maximum permitted residential proportion of floor area in a non-residential building from 50% residential to approximately 97% residential, a reduction in the minimum number of parking spaces from 53 to 43, elimination of a 1.5 metre high close board fence along the southerly property line extending westward from the rear property line a distance of 27 metres (88.6 ft.), and a reduction in the requirement that the building line of the fourth and fifth storeys be set back a minimum of 3 metres (9.8 ft.) from the main front and exterior side wall of the third storey. The Planner reviewed the site plan for the subject lands noting the proposed access, number of residential and commercial units, façade treatment, parking spaces, and details relating to the impact on the existing watercourse. He indicated that although the Official Plan policies for the Historic Core Community Commercial area encourage a predominantly commercial component, the subject lands are located towards its southern limits and a more residential type building may be appropriate and more compatible with surrounding uses in the area. The Planner indicated that there were several technical issues which should be addressed, including the provision of site services with respect to existing easements, additional massing, design treatments, commissioning of a design control architect, floodplain concerns, integration with Park Place Manor, and parking for the site. In summary, Mr. Hoppe indicated that the applications may have merit, however, it is was recommended that staff work with the applicant with a view to resolving the Aurora Special Council – Public Planning Minutes No. 42-98 Page 5 Thursday, November 26, 1998 aforementioned issues and report back to Council at which time a complete analysis and formal position on the applications could be properly conducted. Applicant’s Comments Mr. Lawrence McGrath, the applicant, provided Council with a package containing a revised site plan and an artist’s rendering for their review. He informed Council that the plans had been adjusted to deal with some of the issues noted in the Staff Report. The applicant reviewed the site plan for the subject lands noting the proposed traffic flow and existing easements. With respect to parking issues, the applicant indicated that the plans had been revised to include additional floodproofed underground parking in accordance with the comments made by the Lake Simcoe Region Conservation Authority in their correspondence dated November 25, 1998. Through these revised parking plans it was illustrated that a total of 59 parking spaces would be provided. The applicant then reviewed the streetscape of the area noting that the height of the proposed structure would blend in nicely with the surrounding buildings and that additional massing may not necessarily be beneficial to the aesthetics of the building. Mr. McGrath expressed concern that there would be a significant cost related to rebuilding the sewers through the subject property within the context of economies of scale as the proposal has been revised, and further advised that a drainage channel is proposed to serve as an overflow for the existing watercourse. Public Comments Mr. Michael Evans, 15086 Yonge Street, indicated his support of the application in terms of the revitalization of the downtown core. Mr. Barry Bridgeford, 113 Temperance Street, informed Council of his concerns respecting the impact of the proposal on the environmentally sensitive nature of the site. He questioned whether the proposed stormwater management system would impede the migration of fish habitat in the creek and requested that prevention measures regarding the silting of the creek be imposed. In response, the applicant indicated that these concerns had been addressed by the Lake Simcoe Region Conservation Authority to their satisfaction and that a stormwater management report was available in this regard. Mr. McGrath explained that there would be little intrusion into the river bank and that the creek would be protected with no impairment and that control measures would be taken for any silting of the creek. In response to a further question by Mr. Bridgeford, the Director of Planning indicated that the Public Works Department’s comments recommended that the existing storm water culvert be upgraded to Town standards. The public portion of the meeting closed at 9:14 p.m. and Council’s deliberations began. #805. Moved by Councillor Griffith Seconded by Councillor West THAT the application be approved in principle; THAT the outstanding issues be addressed by the applicant, and a further report providing a full analysis, particularly related to the provision of parking on site be submitted prior to Council finalizing its position on the matter; and THAT an Engineering Report be submitted to address storm culvert and sanitary sewer concerns. CARRIED ADJOURNMENT #806. Moved by Councillor West THAT the meeting be adjourned at 9:40 p.m. Aurora Special Council – Public Planning Minutes No. 42-98 Page 6 Thursday, November 26, 1998 CARRIED ___________________________ ____________________________________ T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK