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MINUTES - Special Council - 19981022 TOWN OF AURORA SPECIAL COUNCIL PUBLIC PLANNING MEETING NO. 37-98 Council Chambers Aurora Town Hall Thursday, October 22, 1998 7:30 p.m. ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Hartwell, Healy, Hinder, Hogg, McKenzie, Morris, and West. STAFF MEMBERS Acting Chief Administrator/Director of Corporate Services, Director of Planning, Director of Building Administration, Director of Leisure Services, Treasurer, Administrative Coordinator/Acting Deputy Clerk, Senior Planner, and Council/Committee Secretary. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #691. Moved by Councillor West Seconded by Councillor McKenzie THAT the content of the Agenda be approved as outlined herein with the addition of correspondence from Aird & Berlis, Solicitors for Loblaws regarding their support for the proposed Official Plan Amendment and Zoning By-law Amendment for Bayview Wellington Developments Inc. CARRIED Mayor Jones advised that this meeting had been called as a Public Meeting with respect to proposed Official Plan and Zoning By-law Amendment for Bayview Wellington Developments Inc., Bayview Wellington North Subdivision, Part of Lots 84 and 85, Concession 1 E.Y.S., application numbers D09-07-95 and D14-14-95. The Public Meeting procedures and the opportunities available for persons to ask questions related to the item 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. 37-98 Page 2 Thursday, October 22, 1998 The Acting Deputy Clerk confirmed that the required Notices of Meeting for the subject applications were given and the necessary signs were posted on the property in accordance with the rules of procedure under the Planning Act. PLANNING APPLICATIONS PL98-110-252 - Proposed Official Plan and Zoning By-law Amendment Bayview Wellington Developments Inc. Bayview Wellington North Subdivision Part Lots 84 & 85, Concession 1 E.Y.S. D09-07-95, D14-14-95 The Director of Planning provided a history and overview of Report PL98-110-252, reviewed the background and outlined key issues respecting the status of the development applications that were tabled for consideration this evening using a visual presentation. It was indicated that from a staff perspective the objectives of the meeting were to discuss principles of the proposal and issues, receive input, and identify outstanding information. The Director of Planning reviewed the proposal to change the land use from industrial to permit a residential development for the Bayview Wellington North Subdivision within the context of OPA #52 for the Aurora East Industrial Estates, Wellington Street Corridor Study, OPA #6 for the Bayview Wellington Centre Plan, and Growth Management Study. As part of the study of the Wellington Street Corridor, proposals were examined for major shopping centres and it was recommended that a shopping centre be approved for the northwest corner of the Bayview/Wellington intersection in the form of an enclosed mall in the area already designated for urban land uses. The second phase of the study looked at the issues of form in more detail and examined the residential proposal by the same developer around the commercial site. Density was considered to be the most contentious issue, and the concept that was ultimately agreed upon was one centred on a town square adjacent to the commercial shopping centre and surrounded on the other three sides by apartment buildings. The Director of Planning explained that shortly after the approval of this development in 1995 the developer acquired the reserved employment lands that are the subject of this application that was ultimately referred to the Growth Management Study to determine the 20 year growth plan of the Town. The study concluded that the employment lands should be designated and serviced as soon as possible along Wellington Street East at Highway 404 but that the subject lands should be maintained in the short term to meet employment land needs and also to maintain a location for industries that do not need either the transportation advantages or visibility afforded by the Wellington/Highway 404 location. The Director of Planning concluded that the land area needs identified in the Growth Management Study for both employment lands and residential lands were based on the Bayview Wellington North lands remaining designated for industrial purposes, and should the land use designation be changed then the amount of land designated for both of these uses would need to be revisited. The proposal for the public meeting this evening incorporates both the 1995 proposal and the 1998 revisions made to the original application for the residential community that was contemplated. Ms. Sarah Henstock, Senior Planner, provided additional information on the subject application for the lands located south of St.John's Sideroad east of the Holland River Valley and north of the existing approved Bayview Wellington Centre development, and the surrounding land uses in the area. The subject lands are Aurora Special Council – Public Planning Minutes No. 37-98 Page 3 Thursday, October 22, 1998 Phase ll of the industrial complex to the east, and are currently vacant and are former farmland. It was indicated that applications were first submitted in 1995 by the applicants and were revised in 1998, and that the previous industrial plan of subdivision application has not been registered on the subject lands. The Senior Planner advised that it was the applicant's intention to amend the Official Plan and Zoning By-law to change the land use from industrial to residential to permit a residential development comprising of a mix of housing types and reviewed the planning requirements, and the distribution of the housing units that were proposed. Key aspects and details of the design concept were highlighted as they related to density, storm water management pond, laneways, access, and that the proposed reconfiguration of the existing school and park blocks. It was indicated that the applicants have requested that the applications filed for this development be referred to the Ontario Municipal Board and subsequently agreed not to pursue the referrals pending a further review of the proposals. Issues that need to be addressed were identified including land use, servicing, density, schools and parks, and parking issues identified in the existing Bayview Wellington development. At this point in the meeting, the Director of Planning continued the visual presentation and provided additional information regarding the proposal. Details of the land use were explained related to the supply of employment lands available, proposal to redesignate the lands for residential uses, and the findings of the Growth Management Study that concluded the lands were needed in the intermediate term to supply employment lands as servicing to Highway 404 lands was not scheduled until 2011 and water supply available was limited. Issues regarding servicing were also identified providing that servicing to Highway 404 and an alternative water supply be fast tracked, and that the Town's water capacity population had increased. The status of servicing at the present time was reviewed including a discussion of technical details, a report on the review of the servicing situation that was pending from the Region of York, financing and cost sharing arrangements and timing for servicing, and concerns with the lake based water source. Conclusions were made that servicing to be supplied and capacity maintained for lands at Highway 404 has been a priority, and until details of servicing are confirmed there is no basis to deal with this priority in this regard. Overall details regarding density and comparisons with other neighborhoods were explained. It was suggested that the plan under consideration has similar overall density as the Bayview Wellington Centre lands, and that density should be more in keeping with those planned for the rest of the community. Key issues with respect to the existing Bayview Wellington Subdivision located to the south of the proposed development were reviewed including parking, lot configuration, and fencing and the merits of the present design. Other issues were indicated including design and composition of the plans, work to be done on traffic analysis, and separation distances and buffering between industrial and residential uses. The Director of Planning referred to the status of the applications before the Ontario Municipal Board and that staff would endeavor to work with the applicant to resolve the issues that remain outstanding. The Director of Planning provided conclusions regarding the priority for an adequate supply of employment lands within the community recommending that the subject lands should be maintained as industrial or an alternative supply confirmed, provision of servicing including the availability of water supply and associated arrangements and costs resolved, strategy for getting services to Highway 404, and a financing methodology before any commitment is made to redesignate the employment lands in Bayview Wellington North. Staff suggested that Council not take a position on the subject applications for the change in land use until all of the issues raised are satisfactorily addressed or in place as detailed in the Staff Report and raised at the public meeting on this matter. Applicant’s Comments Mr. Roger Beaman, Solicitor on behalf of the applicant identified the issues to be addressed for their proposed development including land use, density, design, and traffic issues and indicated that they would work with staff to resolve these matters. He advised that the Region of York has indicated that they have no objections to the Aurora Special Council – Public Planning Minutes No. 37-98 Page 4 Thursday, October 22, 1998 applications and that the school boards had provided input as to the preferred location of their respective school sites and have requested additional time to review the details of the plans. Mr. Beaman addressed the status of their request that the applications filed for this development in 1995 be referred to the Ontario Municipal Board and that they had agreed to hold their request in abeyance pending the public meeting that was being held this evening on the subject applications. Mr. Steven W immer, Planner, MBTW Urban Design Consultants, planning consultant for the applicant explained that the proposal is for a state of the art community and would be leading in residential development. He identified that the proposed residential land use would complete the community for a total developed area of 300 acres from Wellington Street East to St.John's Sideroad. The Planner provided additional information on the application incorporating design issues related to the Holland River Valley system, housing mix and uses, streets and architecture and a pedestrian concept, street grid pattern, structure elements, entry to the development, and views to the valley and open space. The Planner observed that the density of a community is related to built form and reviewed the density for the plan which has a higher number of lower density types of units from the initial plan and compared the transition in the unit distribution for 22 units in the core area, 16 units proposed for Bayview Wellington North, and 13 units to the north of the plan. He noted the evolution of the plan since 1995 and that the key concern expressed by residents was on street parking and indicated that a minimum of three cars could be provided off street and that some of the housing types could accommodate more parking. The Planner further explained how the north and south traffic in the area would be mitigated with a "T" intersection, and the mix of housing types proposed with an increase in detached and semi-detached homes and a reduction in townhouses and elimination of quadruplexes and wider units to be built, and the concept for a school campus. Mr. Wimmer concluded that the new plans since 1995 have incorporated the concerns of residents and that they would endeavor to work with staff to resolve the matters to be addressed. Ms. Nancy Mather, Cosburn, Patterson, Mather, engineer for the applicant explained her professional involvement with the proponent during the past years for the development of the Bayview Wellington community. Ms. Mather explained that as part of the servicing assessment that was prepared to support the land use change that the residential uses proposed are easily serviceable without infrastructure improvements and that the servicing requirements are presently being documented in this regard. Mr. Nick Poulos, Traffic Engineer, consultant for the applicant advised of a Traffic Study that was prepared in July 1998 in support of the proposal that addressed the impact of traffic on the existing Bayview Wellington South development and Regional roads. He noted that improvements are to be made to the Regional roads and provided comments on internal traffic concerns indicating that the traffic volumes can be accommodated and that it would be a benefit to connect the proposed north community with the existing south community for the Bayview Wellington development and to provide for the necessary road connection to the retail component in the area. The Traffic Engineer concluded that the transportation network is viable and provides for enhancements to the community with the residential components to be linked and a road network to the school sites and a high area of accessibility. Mr. Frank Clayton, Land Economist, Clayton Research Associates Ltd. provided an overall supply and demand impression for the employment lands and the ability of the remaining industrial area to meet the Town's needs for employment lands and further clarified his analysis that was undertaken in 1992 in this regard. The Land Economist explained that the key to supply is absorption and that this had occurred at a rate less than was expected in their view in respect of the employment lands. He concluded that the subject industrial lands of the proposal do not constitute good employment lands and that there is an adequate supply of other employment lands. Mr. Phil Weinstein, Planner explained his firm's dealings for their client involving land use and employment lands and identified the significance of the lands as it relates to visibility at St.John's Sideroad and Bayview Avenue and accessibility at St.John's Sideroad. The Planner indicated that other land uses in the area are residential and that the proposal for residential is an appropriate land use. He provided comments that there are adequate employment lands in place at the present time and that the Aurora Special Council – Public Planning Minutes No. 37-98 Page 5 Thursday, October 22, 1998 marketplace is indicative that the site is not marketable as industrial lands. Positive aspects of the proposal were also highlighted including the recreation centre and school sites and accessibility to retail uses that were in walking distance from the residential site. He concluded that the existing residential land use to the south of the lands is practical and that this is the very best proposal for the residential land use. Mr. Roger Beaman, Solicitor on behalf of the applicant asked for resolution of the applications that were being considered before Council at the public meeting this evening. Mr. Beaman referred to the availability of employment lands exclusive of his client's land and that the prime employment lands at Highway 404 are capable of being developed. It was indicated that future industrial development could be enhanced through their contribution in levies estimated at $15 million with the distribution of these funds among the Town, Region, and school boards. Mr. Beaman maintained that his client's lands were not capable of being developed as industrial and that the proposal was a logical completion of the existing community and that they would be pleased to work with staff in this regard. Mr. Beaman asked that the applications for the change in land use be approved in principle and referred back to staff, and on this basis their request that the applications be referred to the Ontario Municipal Board would be held in abeyance. Public Comments A number of residents from the adjoining Bayview Wellington Lanes community located south of the proposed Bayview Wellington North Subdivision spoke in overall support of the applications to redesignate and rezone the subject lands to permit development as a plan of subdivision for a mixed density residential community. Residents provided comments on the positive benefits derived to the community and completing a continuum of residential development in the area and building a cohesive community if the subject proposal were to be approved. It was also indicated that the residential development that was being considered would increase the tax base and that additional money would be spent in town. Concerns were expressed regarding the lack of elementary school facilities and recreational uses and the need to bus children to other schools in the community, and that this next phase of residential development to the north would provide an opportunity for the school sites to be completed and for children to be in walking distance to the schools and provide for their safety. Residents identified concerns regarding any industrial use and its location in proximity to the residential community and the fact that the property was not capable of being marketed for industrial purposes due to visibility and accessibility and that the needs have changed relative to the industrial designation and use of the lands. Questions were raised related to the potential for industrial development as the lands have remained vacant; delaying the process for a change in land use to residential; and the significance of the development applications being considered this evening relative to the future designation and servicing of employment lands at Wellington Street East and Highway 404. The potential for landowners to pursue the disposition of the applications through the Ontario Municipal Board if they are not approved was put forward. Issues were put forward respecting the impact that any new industrial use would have on the surrounding residential community and property values, and traffic that is generated from existing and future industrial uses and the safety of residents and children in the area in this regard. The residents requested that the applications be approved to facilitate the completion of their neighborhood and community and that the matter be resolved this evening. Mr. Dan Morgan spoke on behalf of the Bayview Wellington Residents Association in support of the proposal and expressed that the industrial and residential land uses do not mix and asked that the change in land use be approved from industrial to residential. It was indicated that the proposal could be fine tuned to meet the required municipal standards and that the matter of the employment lands to be developed should be considered at Highway 404. Other neighboring residents within the community also spoke in support of the proposal commenting that the residential community in the area not be compromised with an industrial land use for the property and that the employment lands be extended out to Highway 404 as the most appropriate use of industrial lands. The aesthetics of the community and being part of the town by way of living, working, stimulating the Aurora Special Council – Public Planning Minutes No. 37-98 Page 6 Thursday, October 22, 1998 commercial sector, and contributing to the tax base was indicated. The residents requested that the lands be approved for the proposed residential development. Other residents raised concerns regarding the proposed development for residential purposes and the rate of development and the basis for the submissions that were made by residents in support of the applications. The importance of maintaining a mix of residential and industrial as part of the land holdings to achieve a balance, and that the subject lands should remain industrial as these are the only lands available until such time when new lands are designated and serviced at Highway 404 was identified. Issues were raised regarding the provision of services to the property and the availability of facilities to support the additional residential development and growth and traffic concerns. Questions were raised regarding the cost of development and payment and the associated impact of costs of the proposed development to taxpayers to pay for residential growth. Mr. David Amborski, a Citizen Member of the Growth Management Study Steering Committee indicated that in his view the lands should be considered for residential purposes and noted that through the Growth Management Study he had suggested that these lands be studied in detail. As part of his analysis of the proposed residential land use the merits of the associated planning issues and economic development were identified. The need to be adaptive and respond to change and how the Bayview urban boundary has evolved in proximity to Highway 404 and available supply of employment lands expected in 2000 was put forward. Mr. Amborski questioned certain findings of the Growth Management Study and Economic Development Strategy, including supply and demand analysis related to the subject lands. Various submissions were also made on behalf of the development community in support of the proposal for a change in the land use from industrial to residential for the lands. Mr. John Emery, Fairmount Farms on behalf of Quaker's Lundy Farm and member of the Technical Advisory Committee indicated that he was in support of the proposal and expressed concern about planning in isolation and that the whole quadrant should be planned and properly developed. Mr. Donald Given spoke on behalf of his client Magna International. At this point in the meeting, Councillor Morris declared an interest in the submission to be made by Donald Given on behalf of Magna International due to Magna’s acquisition of a company in which she is a shareholder and provides consulting services. Mr. Donald Given on behalf of Magna International referred to the growth patterns and indicated that they were not objecting to the proposal. He noted that Magna had been asked to look at the subject lands in the past, the industrial lands have not been used, the opportunities for employment lands are at Highway 404, and it would be desirable to get there as soon as possible in this regard. Mr. Given supported the initiative for the involvement of the applicants in front ending arrangements to provide water supply and sewage to service the lands at Highway 404. The constraints on the existing water supply and potential impact on sewage capacity were indicated and it was requested that landowners be treated equally for future allocations. Mr. Given concluded that the staff report that was tabled this evening is appropriate and that the recommendations regarding approvals and front ending arrangements for servicing, and availability of water to develop the subject lands without compromising the existing water allocation to employment lands be approved. Upon conclusion of Mr. Given's submission Councillor Morris returned to the Council Chambers. Mr. Brian Corbett, St.John's Bay Land Company on behalf of Loblaws for their new store to be built located at the southwest corner of St.John's Sideroad and Bayview Avenue indicated that his client had no objection to the rezoning for residential for the Aurora Special Council – Public Planning Minutes No. 37-98 Page 7 Thursday, October 22, 1998 new community that was being proposed and noted that a letter had been filed with the Clerk in this regard. He indicated the need for appropriate buffers in between the industrial and residential lands. Mr. Corbett provided comments on the development in the area indicating that 10 years ago all of the lands were industrial from St.John's Sideroad to Bayview Avenue and suggested that a change in land use from industrial to residential for the lands was appropriate and compatible with the residential community to the south that was being completed and that the impact of the proposed residential development would be of benefit to the existing commercial uses. In response to a question regarding the proposed development, Mr. Roger Beaman, Solicitor on behalf of the applicant responded that his client's lands were always in the urban area and that the existing lands are of no value for industrial purposes and that and that the development of employment lands should be pursued at Highway 404. He provided comments that his client would have to build elsewhere if there were any delays in approving the applications that were being considered, and that there is sewer and water available to service the development and that the levies associated for their development could be used to offset the costs associated with extending services to Highway 404. The public portion of the meeting closed at 9:50 p.m. and Council’s deliberations began. #692. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the provisions of the Procedural By-law be waived, the hour of adjournment be extended past 10:30 p.m. and the Agenda be completed. CARRIED #693. Moved by Councillor West Seconded by Councillor Hogg THAT given the number of outstanding matters respecting this application as outlined in Report PL98-1110-252, Council not take a position on the requested change in land use designation until the following issues and any raised at the public meeting are satisfactorily addressed or in place: • All approvals and front ending arrangements to provide both water supply and sanitary sewage treatment to lands at highway 404 and Wellington Street East capable of being developed for employment lands, thereby providing the Town with an adequate supply of employment land to replace the subject lands; • Availability of water to ensure that the development of the subject lands can proceed without compromising the existing water allocation availability to employment lands; • An acceptable plan for the area that respects the urban design principles of the Bayview Wellington Centre Plan while providing required community and individual needs including schools, parks, recreational facilities, off street parking and diversity of housing types that are comparable to the range within the remainder of the Town; • Appropriate buffers to the existing employment lands to the east to ensure that future residents are not adversely impacted by the activities of these active employment areas; and • Should it be determined through the application process, that the proposal will be supported, the impacts on the Growth Management Study should be evaluated and further considered by Council. CARRIED NEW BUSINESS Aurora Special Council – Public Planning Minutes No. 37-98 Page 8 Thursday, October 22, 1998 Memorandum from Councillor Hogg re: Additional Project for Marc Neeb #694. Moved by Councillor Hogg Seconded by Councillor Morris That in consideration of future discussions concerning the role and hiring of a Chief Administrative Officer, Marc Neeb be requested to review the current job roles of the Senior Management Team in the context of the defined roles and the existing departmental operating structure to give Council a clearer understanding of the burdens on existing staff resources, what they are currently expected to do, and what they can do in the future as part of the natural growth of Aurora. CARRIED ADJOURNMENT #695. Moved by Councillor West THAT the meeting be adjourned at 10:35 p.m. CARRIED ___________________________ ____________________________________ T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK