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MINUTES - Special Council - 19991028 TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING NO. 30-99 Council Chambers Aurora Town Hall Thursday, October, 28, 1999 7:30 p.m. ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Hartwell, Healy, Hinder, Hogg, McKenzie, Morris, and West. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services, Director of Planning, Director of Building Administration, Director of Public Works, Treasurer, and Committee Secretary. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #725. Moved by Councillor Seconded by Councillor THAT the content of the Agenda be approved as outlined herein with the following addition: • A letter from J.P. van Haastrecht of Moreguard Real Estate Investment Trust re: Home Depot Application #D09-09-99/D14-16-99. CARRIED PUBLIC MEETINGS - PLANNING APPLICATIONS Mayor Jones advised that this meeting had been called as a Public Meeting with respect to three development proposals – (1) Official Plan Amendment Application respecting Northwest Aurora Secondary Plan Area 3A on behalf of Ballymore Development Corporation and Other Land Owners regarding property legally known as Part of Lot 86, Concession 1 WYS, (File D09-06-99); (2) Official Plan Amendment & Zoning By-law Amendment Applications on behalf of Donald Schmidt/Home Depot Holdings Inc., respecting land municipally known as 15320 Bayview Avenue, (File D09- 09-99, D14-16-99); and, (3) Zoning By-law Amendment Application on behalf of Yorkwood Homes Wellington Inc., respecting lands legally known as Block 16, Plan 65M-3039 (Amberhill Way), (File D14-17-99). 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 to receive further notice of the passage of any M I N U T E S Aurora Special Council – Public Planning Minutes No. 30-99 Page 2 Thursday, October, 28 1999 proposed bylaw under consideration should sign the information sheets 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 individual’s right of appeal to either the Region of York or the Ontario Municipal Board. It was noted that names and addresses of speakers were required to form part of the record of the proceedings. The Clerk confirmed that the required Notices of Public Meeting for the three applications were given and that the necessary signs were posted on the related properties in accordance with the rules of procedure under the Planning Act. PL99-103-310 - Official Plan Amendment Application Northwest Aurora Secondary Plan Area 3A Ballymore Development Corporation and Other Land Owners Part of Lot 86, Concession 1 WYS, D09-06-99 Mr. Jim Kyle, Planner, presented an overview of the subject proposal, including the property location and surrounding land uses. Mr. Kyle advised that the site was designated “Special Study or Secondary Planning Area" within the Town of Aurora Official Plan, and noted that the Official Plan identified the site as being within the "Oak Ridges Moraine Area", with a small portion of the site being within a "flood prone area". Mr. Kyle indicated that the application would re-designate the subject lands as "Urban Residential", "Suburban Residential" and "Public Open Space", to accommodate a primarily low-intensity, environmentally-sensitive residential development on full urban services. It was noted that the proposed amendment would also add specific policies pertaining to the density and form of development for the subject lands, including a maximum overall density of 5 units per hectare (2 units per acre) and a maximum yield of approximately 260 units within the site specific policy area. Mr. Kyle made reference to various sections of the Official Plan and indicated that Council would require the submission of a concept plan describing the road, lotting and open space patterns for the overall area; a detailed environmental report which would identify and detail the boundaries and significance of the land's natural features; a detailed servicing report that would address options regarding the provision of water supply, wastewater and stormwater facilities; and how the proposal would strive to protect and retain significant natural features, where necessary. Mr. Kyle outlined the supporting plans and background studies which had been completed and submitted by the applicant. Mr. Kyle explained that the lands abutting St. John's Sideroad would be suburban residential lots having a minimum size of 0.2 hectares (0.5 acres), adding that such lots would have reverse frontages with narrow driveway access to a local internal road. Given the uniqueness of the proposed lot layout, staff suggested that the details of the accesses be further reviewed with the applicant and internal departments prior to the final adoption of the Official Plan amendment. Mr. Kyle noted that the interior lots would be low density residential and that the internal area configuration was generally consistent with the valley area and tree cover. Mr. Kyle also described the three proposed access points for roads connecting with Bathurst and St. John's Sideroad as well as the potential for a road connection into Newmarket at the east end of the site. Council was advised that the Town of Newmarket had provided a letter requesting additional time to review the amendment. It was explained that the subject lands were comprised of six individual land holdings and that the proposed Official Plan amendment should contain a clause pertaining to the sharing of common costs. Mr. Kyle mentioned that the Town’s Public Works Department had expressed some concerns with the servicing of the site, including the need for additional information pertaining to the design of the watermain infrastructure and the lack of sump pump connections to the storm sewer system. The Public Works Dept recommended that the application was premature until there was some certainty about the water supply for the site. Mr. Kyle indicated that comments from the Conservation Authority would also be required regarding the watercourse and associated regional floodline, prior to the finalization of the proposed Official Plan amendment. Mr. Kyle added that park requirements must also be addressed prior to the adoption of the amendment. As well, policies respecting tree preservation needed to be finalized so that appropriate protection measures could be incorporated within the implementing draft plans. Mr. Kyle recommended that consideration be given to additional policies relating to landscaping elements/urban design elements to provide buffering for lots adjacent to St. John's Sideroad and Bathurst Street and to facilitate the low intensity "Rural" nature of the area. Mr. Kyle concluded by stating that in principle, the subject application was in Aurora Special Council – Public Planning Minutes No. 30-99 Page 3 Thursday, October, 28 1999 keeping with the relevant policies of OPA No. 17 (the Growth Management Study) and that staff recommended that a report be brought back to Council, together with a revised Official Plan amendment document, at such time that the identified outstanding items and any additional issues that might be raised by Council or the public at the public meeting, have been adequately addressed. Applicant's Comments Mr. John Kennedy, Principal Planner from Marshal Macklin Monaghan explained that he hoped to address the concerns listed in the staff report. Mr. Kennedy first noted that, upon completion of various studies, it had been determined that the Oak Ridges Moraine actually didn’t extend into the subject lands. He added however, that care was taken to assess the land to the level that would be expected for such environmentally sensitive terrain. Mr. Kennedy explained that natural elements of the site had also been taken into consideration during the creation of the overall plan. Mr. Kennedy conveyed their intention to maintain the large central portion of the land as “green space” to be kept in natural state, and that the existing Elder, Black, Sifton and Ballymore Estate Homes could be incorporated into the plan. The intent to integrate and maintain the rural setting and character of the development on the other side of St. John's Sideroad was mentioned, as well as the provision for 3 access roads in concept plan. It was noted that the width and location of these access roads would be negotiable at this stage in the planning. Mr. Kennedy explained that there might be a need to include an access road leading up to Newmarket through the Johnston Estate, however it was noted that no development was planned for lands located to the north at this time and the road might be a future consideration. Mr. Kennedy made reference to the unique lot design having rear access drives into each, and added that the home fronts would face away from the internal roads. Mr. Kennedy also noted that the storm water management ponds would be incorporated as integral design features of the site. Mr. Kennedy stated that the private drives would not be maintained by the Town and he assured Council that care would be taken to ensure that the drives would be consistent with the overall look of the development plan. Mr. Kennedy indicated that a plan of subdivision application proposal from Ballymore would be forthcoming and that the proposal was consistent with the relevant provisions of the Official Plan. Public Comments Patricia Panty, 553 St. John's Sideroad, Aurora, expressed concern regarding the location of access roads leading from the development onto St. John's Sideroad. Mr. Joseph Avolio, 38 Baycroft Lane, Aurora, questioned the marketing strategies for selling the proposed homes, and he also inquired how the proposal would attempt to maintain the look and character of the existing housing development on the other side of St. John's Sideroad. Mr. Russell Hind, 15 Falling Leaf Court, Aurora, questioned the maximum levels of "cutting & filling" which would be permitted during the construction process. Mr. Chris Barber, a resident of Bathurst St., Aurora, expressed concerns regarding traffic control and how the issue would be addressed. Ms. Martha Jenkins of 509 St. John's Sideroad, Aurora, expressed concerns about the potential increase in traffic speed, noting that the current speed along St. John's Sideroad was only 60 km per hour and that the proposed plan indicated a maximum speed of 70 km per hour. She related these concerns with the potential increase of school busses in the area, and the fact that due to the new walking trail system, an increase of pedestrian traffic would also occur. In response to the public concerns, Mr. John Kennedy advised that the locations and number of access roads opening onto St. John's Sideroad and onto Bathurst Street would be negotiable, and he indicated that he would be happy to discuss the issue with any interested parties at their convenience. Mr. Kennedy also advised that in terms of consistency with the existing development, the same minimum lot size of 1/2 acre would be maintained and it was hoped that certain aspects of the look of the proposed development would be controllable through guidelines provided and maintained by the Aurora Special Council – Public Planning Minutes No. 30-99 Page 4 Thursday, October, 28 1999 municipality. Mr. Kennedy also explained that a survey of roads in the area indicated that St. John's Sideroad had a maximum speed capacity of 70 km. per hour, however, the posted speed would remain at 60 km per hour. He also mentioned that school buses in the area would not be slowing down or stopping on St, John's Sideroad because it was intended that they would exclusively use the network of roads within the plan to access the houses. Mr. Richard Sabourin of Sabourin Kimble & Associates Limited, the consulting firm that had done work on servicing matters advised that the maximum level of "cut and fill" would be no more that a 5 foot cut off the top of the hill in the vicinity of St. John's Sideroad. He also explained that the intention of the plan was to maintain the natural grading of the land, thereby allowing the different levels of the various lots to enhance the aesthetic beauty of the finished development area. The public portion of the meeting closed and Council’s deliberations began. #726. Moved by Councillor Healy Seconded by Councillor Hartwell THAT a report be presented back to Council along with a revised Official Plan Amendment document at such time as the identified outstanding items and any additional issues that might have been raised by Council or the public at the Public Meeting have been adequately addressed; and, THAT as part of the staff review, the following issues are to be addressed: • the inclusion of a clause to ensure that density is consistent with lots along St. John’s Sideroad; • water issues; • urban and landscape design guidelines, including the provision that gates to property will lie on private property; • servicing implications of the development on both Aurora and Newmarket and the widening of St. John’s Sideroad; and, • flexibility in the provision of road access points. CARRIED PL99-106-311 - Official Plan Amendment & Zoning By-law Amendment Applications Donald Schmidt/Home Depot Holdings Inc., 15320 Bayview Avenue, Part of Lot 81, Concession 1 EYS, D09-09-99, D14-16-99 Mr. Rob Hughes Planner, presented an overview of the subject proposal, including the property location, surrounding land uses and the current Official Plan designation and Zoning By-law provisions effecting the subject property. Mr. Hughes advised that the applicant had requested an OPA from “Community Commercial Centre” to "Campus Commercial Centre" to permit a retail development having a floor area of approximately 138,750 ft2. In addition, it was noted that the applicants were requesting that the lands be rezoned from "Enclosed Shopping Centre Commercial (C8) Exception Zone” to a site specific “Campus Commercial (C9) Exception Zone”, to allow several free-standing buildings, including Home Depot (113,000 ft2) and Business Depot (25,700 ft2). Mr. Hughes reviewed the proposed exceptions to the standard C9 Zone provisions and explained that the subject lands formed part of a larger parcel of land zoned to allow for the construction of an enclosed shopping centre and related buildings. It was suggested that the interrelationship of commercial development both on-site and with neighbouring Aurora Special Council – Public Planning Minutes No. 30-99 Page 5 Thursday, October, 28 1999 land uses might be jeopardized if individual redevelopment applications were considered separately, thus compromising the ability to fully consider the planned function of the area. Mr. Hughes noted that there were a number of outstanding concerns, including market issues, traffic, urban design, servicing, the designation of the Exley Drive road allowance and overall site co-ordination. Given the limited documentation available on these issues, Mr. Hughes suggested that the applications should be considered premature. Mr. Hughes noted that a fair determination of final floor area requirements needs to be made with all parties involved as opposed to an isolated response to individual applications. Mr. Hughes noted that the submission of a marketing study would also assist in the review of the application. Mr. Hughes noted that both the Secondary Plan and Draft Plans of Subdivision illustrate a road to extend along the eastern boundary of the Hydro corridor south from Civic Square Gate to Wellington Street East, known as Exley Drive. The applicants chose to ignore the road on their plan and the Public Works Department suggest that the road may not be required. A full review of the matter needs to take place in view of its existence on the original draft approval plan and proposed roads schedule set out in the Secondary Plan. Mr. Hughes noted the importance of site co-ordination with respect to the relationship between the Home Depot site and the Aurora Centre to the north. It was noted that the Public Works Department had expressed concerns regarding servicing, storm water management and traffic. Applicant's Comments Mr. Brent Clarkson appeared before Council on behalf of the applicant, and explained that 6 hectares of land had been acquired from Mr. Donald Schmidt to develop the proposed use. He added that two applications had been submitted for the lands to date. Mr. Clarkson noted that the lands were proposed to be rezoned from C8 to C9, and that a portion of Exley Drive was proposed to be deleted, as is it a minor collector road. Mr. Clarkson provided a brief overview of the proposed size of the Home Depot facility and detailed many of the features and services that the store would provide. Mr. Clarkson noted that a typical Home Depot Retail Store employed between 200-250 people and could generate a revenue of approximately $1/2 Million. Mr. Clarkson expressed a desire to work together with the other retailers in the Aurora Centre and hoped that a link with existing and future businesses in the area would be beneficial and desirable. Mr. Clarkson suggested that the plan be able to proceed and he indicated that a traffic study had been conducted and would be available soon. He outlined some of the results from the traffic study and explained that the engineering issues were being addressed with Town staff, and that the site could be readily serviced at the cost of the owner. Mr. Clarkson suggested that a delay in making a decision was reasonable taking into consideration the unresolved issues, and offered his assistance in any way to aid in the process. Mr. Clarkson suggested that a marketing study wasn’t necessary in this case as the maximum proposed square footage was below the requirements to demand such a study. He advised that the Home Depot had a strong desire to locate in the Town of Aurora and that they hoped to avoid the process of having to conduct a marketing research study. Mr. Clarkson asked Council to confirm that a marketing study would not be necessary in this case. Public Comments Nora Capowsky, a business owner in the Town of Aurora, expressed concerns regarding the possible threat to existing businesses providing similar services within the Town. Ms. Capowsky suggested that the tax dollars in the short term may be attractive, but suggested that the long term impacts on the Town would far outweigh the immediate benefits. Laura Hicks, 49 Wyatt Lane, Aurora, expressed concerns about the location of the Home Depot in relation to her home, indicating that her backyard would overlook the back end of the proposed store. Ms. Hicks expressed concern for business owners in the Town, and submitted that home owners would be concerned about the possibility of noise from loud speakers, traffic and bright lights from the store shining into these homes. She also questioned the impact that such a large store could have on the mill rate. Ms. Hicks asked that assurance be given that a landscaped buffer would be established between her property and the store and that provisions would be taken to Aurora Special Council – Public Planning Minutes No. 30-99 Page 6 Thursday, October, 28 1999 protect her property from noise, light and debris during the construction process and after the store was completed. Mr. Paul Bailey, representing Yorkwood Homes, explained that he was currently building a housing development near the subject property. Mr. Bailey questioned the impact of deleting Exley Drive and the status of Amberhill Way. He also asked what would be done to the most southwesterly building in the plan. Mr. Bailey also questioned the status of a walking trail system in the hydro corridor area. Ms. Ashley D’Silva, of Moreguard Trust, indicated that his firm neither supported, nor objected, to the proposed plan, but advised that he supported the contents of the Town’s staff report. Mr. Ralf Mundinger, 9 Wyatt Lane, Aurora, expressed concern with the size of the proposed building and added that traffic problems along Wellington Street needed to be fully addressed before any approval was granted. The public portion of the meeting closed and Council’s deliberations began. #727. Moved by Councillor Healy Seconded by Councillor Griffith That the applications for Official Plan Amendment and Zoning By-law Amendment, as submitted by Donald Schmidt/Home Depot Holdings Inc. (Files D09-09-99; D14-16-99), respecting property municipally known as 15320 Bayview Avenue, be denied. CARRIED PL99-107-312 - Zoning By-law Amendment Application Yorkwood Homes Wellington Inc., Block 16, Plan 65M-3039 (Amberhill Way), D14-17-99 Mr. Jim Kyle, Planner, presented an overview of the subject proposal, including the property location and surrounding land uses. Mr. Kyle advised that the applicant was proposing to amend the zoning by-law from a “Holding (H) zone" to the "Semi-detached and Duplex Dwelling Third Density Residential (R3-8) Exception Zone", to permit one semi-detached dwelling on the subject lands. Mr. Kyle noted that the site was designated “Medium Density Residential" in the Bayview-Wellington Centre Secondary Plan which permitted a wide range of housing types. Mr Kyle explained that as part of the site plan approval process, the access road (now known as Sandlewood Court) had been moved to the east, leaving the subject lands as a remnant piece which was no longer required for access purposes. Mr. Kyle noted that the application would effectively extend the R3-8 zoning to permit one additional semi-detached unit on the south side of Amberhill Way. He added that the applicant had submitted elevation drawings for the proposed dwelling which were consistent with existing homes in the area. Mr. Kyle recommended that should Council find merit in the application, staff should be directed to prepare the appropriate amending by-law for adoption. He added that an amendment to the site plan agreement (ie. File D11-01-95) should be executed by the applicant prior to the by-law receiving third reading. Applicant's Comments Mr. Paul Bailey appeared before Council on behalf of Yorkwood Homes, and explained that it was their intention to build an additional two-unit dwelling on the subject land, which would be consistent in design and structure with the homes already existing within the surrounding area. Mr. Bailey noted that, to account for the steep gradation of the land, the dwelling width would be extended from the usual 50 ft. to 60 ft., and he explained that this would be the only variance in design from the existing homes in the area. Public Comments Aurora Special Council – Public Planning Minutes No. 30-99 Page 7 Thursday, October, 28 1999 Margaret Topping of Wyatt Lane, Aurora, expressed concern regarding the potential for the proposed additional building to obstruct the view of green space from her home. Ms. Topping also expressed concern about the potential increase in traffic that would be generated by the proposal. Mr. Ralf Mundinger, 9 Wyatt Lane, Aurora, expressed concern with the design and appearance of the proposed home being able to be compatible with the existing home designs in the development, given that a number of years had transpired since the original development was completed. Mr. Mundinger also expressed concern about potential traffic impacts from the proposed development. In response to the public concerns Mr. Bailey explained that the construction methods and design would be virtually identical to the existing homes in the development. In relation to traffic, Mr. Bailey noted that studies had been conducted which concluded that traffic would not be effected by the addition of the proposed building. The public portion of the meeting closed and Council’s deliberations began. #728. Moved by Councillor Griffith Seconded by Councillor Hogg THAT staff be directed to prepare an implementing bill to rezone the property from “Holding (H) Zone" to the "Semi-Detached and Duplex Dwelling Third Density Residential (R3-8) Exception Zone"; and That a site plan amendment agreement pertaining to File D11-01-95 be executed by the applicant prior to the third reading of the by-law. CARRIED ADJOURNMENT #729. Moved by Councillor Hogg THAT the meeting be adjourned at 10:10 p.m. CARRIED Aurora Special Council – Public Planning Minutes No. 30-99 Page 8 Thursday, October, 28 1999 ___________________________ ____________________________________ T. JONES, MAYOR B. PANIZZA, MUNICIPAL CLERK