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
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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
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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