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MINUTES - Special Council - 19981029 TOWN OF AURORA SPECIAL COUNCIL PUBLIC PLANNING MEETING NO. 39-98 Council Chambers Aurora Town Hall Thursday, October 29, 1998 7:30 p.m. ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Hartwell, Healy, Hinder, Hogg, McKenzie, Morris, and West (8:15 p.m.). 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 There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #738. Moved by Councillor Hartwell Seconded by Councillor Griffith THAT the content of the Agenda be approved as outlined herein with the addition of a Memorandum from Marc Neeb regarding the “Roles and Responsibilities of the Town’s Management Team”. CARRIED Mayor Jones advised that this meeting had been called as a Public Meeting with respect to proposed Zoning By-law Amendment for D.N. Powell Holdings Limited, Lot 28, Plan 231, Industrial Parkway North, application number D14-17-98, proposed Zoning By-law Amendment for Sau and Irene Wong, Lot 4, Registrars Complied Plan 10328, 14751 Yonge Street, application number D14-18-98, and with respect to proposed Zoning By-law Amendment for Gordon Allen, Part Lot 86, Concession 1, EYS, 12 St. John’s Sideroad East, application number D14-19-98. 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. 39-98 Page 2 Thursday, October 29, 1998 The Acting Deputy Clerk confirmed that the required Notices 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 PL98-111-262 – re: Proposed Zoning By-law Amendment D. N. Powell Holdings Limited Lot 28, Plan 231 Industrial Parkway North D14-17-98 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. The Planner indicated that the applicant proposed to rezone the north portion of the subject lands from “Rural General (RU) Zone” to “Restricted Industrial (M1-9) Exception Zone” and the south portion of the subject lands to “General Industrial (M2) Zone”. The purpose of the amendments was to recognize the existing playground on the northerly portion currently being utilized by an existing daycare facility located at 81 Industrial Parkway North and the southerly portion of the subject lands was proposed to be utilized as a contractor’s yard and supply operation. It was indicated that the applicant proposed to enclose the contractor’s yard with a 2 metre (6.6 ft.) high heavy gauge vinyl clad steel with galvanized frame fence. The Planner stated that the applicant had not submitted a site plan for the site to date, therefore final details regarding access to the site and the type of screening were unclear in this regard. Although the Official Plan recognizes outside storage in this area, the Planner explained that staff were uncertain as to conformity with the policies of the Official Plan in terms of appropriate screening. The Planner provided photographs of the site noting that although the subject lands were landlocked, the site was relatively visible from various locations including the trail system and the Town Hall. With respect to access, the Planner indicated that there were two possible means in which to access the site; one being through an existing unopened road allowance which would require widening and the other being through the rear of an abutting property, namely 67 Industrial Parkway North. In conclusion, the Planner indicated that staff had no objection to proceed with an implementing Bill to recognize the children’s playground. However, given that little detail had been supplied to staff with respect to access and screening, it was suggested that the open storage portion of the application be deferred until such time as the applicant provides additional information to deal with these issues. Applicant’s Comments Mr. Arthur Diamond, on behalf of the applicant, indicated that he did not concur with the recommendation noted in the Staff Report relating to the proposed outside storage. He stated that the Official Plan already recognized outside storage with the appropriate screening. He provided Council with the details of a site plan, explaining that the proposed outside storage area would be an expansion of the storage area currently existing on the abutting lands known as 67 Industrial Parkway North. Mr. Diamond advised Council that the applicant always intended to use these same lands for access to the site and that the details respecting the type of fencing required could be dealt with at the site plan approval stage. He argued that the lands are not in a visible location and would eventually be surrounded by commercial buildings at some point in the future. In conclusion, Mr. Diamond requested that the application be approved in its entirety and that the site plan approval process proceed for the application. Public Comments No members of the public were present to address the application. The public portion of the meeting closed at 7:50 p.m. and Council’s deliberations began. #739. Moved by Councillor Healy Seconded by Councillor Hartwell Aurora Special Council – Public Planning Minutes No. 39-98 Page 3 Thursday, October 29, 1998 THAT the application for change in land use be approved in principle and that the implementation of the requested changes be deferred until such time as the applicant satisfies concerns respecting access and screening issues and prior to the site plan process being finalized; and THAT Staff be requested to report back on the matter as soon as possible. CARRIED PL98-112-263 – re: Proposed Zoning By-law Amendment Sau and Irene Wong 14751 Yonge Street (Former Shoppers Drug Mart Site) Lot 4, Registrars Compiled Plan 10328 D14-18-98 Councillor West arrived at the meeting at 8:15 p.m. and declared an interest in Report PL98-111-262 regarding Proposed Zoning By-law Amendment for D.N. Powell Holdings Limited, Lot 28, Plan 231, Industrial Parkway North, application number D14-17-98 previously considered by Council. The Director of Planning provided a brief overview of the proposal including the location, and applicable Official Plan and Zoning By-law designations. It was noted that the subject lands were the former site of Shoppers Drug Mart, which has since relocated to the abutting property to the south. Ms. Seibert indicated that the applicant proposed to rezone the subject lands from “Service Commercial (C3) Zone” to “Shopping Centre Commercial (C4) Exception Zone”. It was noted that a “C4” exception zones better suites the nature of the plaza than a “C3” exception zone. The purpose of the application is to permit retail uses along with certain exceptions to permit a take out restaurant and recognize a deficiency in the side yard setback requirements. The Director of Planning indicated that the proposal was relatively straight forward, however, a number of concerns were expressed related to the site. These concerns included unclear delineation of parking spaces, general repairs to the parking lot, the absence of a garbage enclosure for the site and the necessity for a grease trap to be installed in connection with the existing restaurant. In conclusion, the Director of Planning suggested that the application be approved with third reading of the Bill being held until such time as these minor matters related to the site are rectified. Applicant’s Comments Mr. William Murray, on behalf of the applicants, reviewed the purpose of the proposal and listed the current tenants of the commercial structure. He confirmed that a Goodwill store is proposed for the vacant premises on the site, which would be a benefit to the community. He requested that approval be given to the application without delay for the improvements to the site, as Goodwill was anxious to proceed. 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. #740. Moved by Councillor West Seconded by Councillor Griffith THAT staff be authorized to prepare an implementing Zoning By-law Amendment; THAT third reading of the By-law be held until the parking lot is repaired along with new line painting, and garbage containers are placed within an enclosed storage area, and a grease trap is installed in accordance with Town standards; and Aurora Special Council – Public Planning Minutes No. 39-98 Page 4 Thursday, October 29, 1998 THAT Council’s concerns be noted to the effect of being sensitive to the appearance of the front of the building and that this be given due consideration by the applicant for any signage and/or other changes to be made. CARRIED PL98-114-264 – re: Proposed Zoning By-law Amendment Gordon Allen 12 St. John’s Sideroad East Part of Lot 86, Concession 1 E.Y.S. D14-19-98 Mr. Rob Hughes, Planner, provided an overview of the subject proposal including the location, size, and applicable Official Plan and Zoning By-law designations respecting the subject lands. The Planner indicated that the current provisions of the Official Plan designation were generated in response to a development application submitted to the municipality in the late 1980’s to accommodate a commercial development on the subject lands. This application by the previous owner, Mr. DeLuca, was never completed and subsequently appealed to the Ontario Municipal Board where it remains outstanding. The Planner indicated that the applicants propose to rezone the subject lands from “Rural General (RU) Zone” to a site specific “Shopping Centre Commercial (C4) Exception Zone”. The purpose of the amendment is to allow for the use of the existing building for a business and professional office. Certain exceptions to the standards were identified in order to recognize the existing lot, building and stairs, along with shared access and exemption to the provisions requiring buffer strips. Mr. Hughes stated that staff had no objection to the proposal, however, there was some concern that the subject development may not be in keeping with the provisions of the Official Plan as they are very site specific to the previous DeLuca development that was envisioned. Although the wording of the policies within the site specific Official Plan Amendment permits the proposed development, staff suggested that, as a solution to these concerns, the Town could initiate an OPA for the property to resolve any future incompatibility. The Planner then reviewed a series of policies that applied to the proposed development of the lands as listed in the Staff Report indicating whether the subject proposal was in compliance. It was noted that works had been completed on the lands without the submission of an application for site plan approval. It was recommended that such an application be made to reflect the changes already made on site and to take into consideration other works that may need to be completed such as the dedication of any road widening, upgrading of landscaping and the parking lot, improvements to servicing connections, construction of a sidewalk, widening of the access, and any requirements as dictated by the Lake Simcoe Region Conservation Authority. With respect to the appeal lodged by the previous owner of the lands, the Planner suggested that the applicant be responsible for seeing to its withdrawal in order to avoid any future complications which may arise in this regard. In conclusion, the Planner recommended that, should the application be approved, third reading of the By- law be held pending the execution of a Site Plan Agreement and that the applicant see to the withdrawal of the Ontario Municipal Board appeal respecting the lands. In addition, it was suggested that consideration be given to a Town initiated Official Plan Amendment to determine a range of uses more compatible with the surrounding residential uses. Applicant’s Comments Mr. Howard Friedman of HBR Planning Centre, on behalf of the applicant, indicated that the subject property was purchased from Mr. DeLuca in June of 1998 and is presently being used as a law office. He provided Council with photographs of the dwelling, noting the improvements made to date and how the residential look had been maintained. In addition, it was noted that the garage had been removed and that access to the site was now via a shared access arrangement with the Hadley Grange Seniors Apartment property located to the north. Mr. Friedman indicated that he was in agreement to the submission of a site plan application. With respect to issues related to the Lake Simcoe Region Conservation Authority, the agent indicated that he was also in agreement to the imposition of an “Environmental Protection” (EP) Zone affecting the southwest corner of the property. Mr. Friedman informed Council that the Ontario Aurora Special Council – Public Planning Minutes No. 39-98 Page 5 Thursday, October 29, 1998 Municipal Board had issued an Order withdrawing the appeal affecting the lands, of which a copy would be filed with the Town. Public Comments No members of the public were present to address the application. The public portion of the meeting closed at 8:47 p.m. and Council’s deliberations began. #741. Moved by Councillor West Seconded by Councillor Griffith THAT the application be approved in principle; THAT third reading of an implementing By-law be withheld pending the execution of a Site Plan Agreement to reflect works previously completed on the lands, and to take into account additional upgrading that may be required; THAT the applicant be responsible for seeing to the withdrawal of the Ontario Municipal Board appeal previously lodged on the subject lands; and THAT the Town initiate an Official Plan Amendment on the property in consultation with the owner to determine a range of uses that are more compatible with the residential uses to the north and east of the subject property than those that are currently permitted. CARRIED OTHER MATTERS FOR CONSIDERATION Memorandum from Councillor Hogg re: Additional Project for Marc Neeb, and Memorandum from Marc Neeb re: Roles and Responsibilities of the Town’s Management Team #742. Moved by Councillor Griffith Seconded by Councillor Morris THAT the items of correspondence be received as information. CARRIED IN CAMERA #743. Moved by Councillor West Seconded by Councillor McKenzie THAT Council proceed In Camera to address legal and labour relations matters. CARRIED Aurora Special Council – Public Planning Minutes No. 39-98 Page 6 Thursday, October 29, 1998 ADJOURNMENT #744. Moved by Councillor McKenzie THAT the meeting be adjourned at 8:55 p.m. CARRIED ___________________________ ____________________________________ T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK