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MINUTES - Special Council - 20040128 TOWN OF AURORA SPECIAL COUNCIL – PUBLIC PLANNING MEETING MINUTES NO. 04-04 Council Chambers Aurora Town Hall Wednesday, January 28, 2004 ATTENDANCE COUNCIL MEMBERS Deputy Mayor Morris in the Chair; Councillors Buck, Gaertner, Hogg, Vrancic, Wallace and West. MEMBERS ABSENT Mayor Jones was away on Regional Business and Councillor Kean was away on other business. OTHER ATTENDEES Director of Planning, Acting Manager of Planning, Planner, Acting Planner, Administrative Coordinator/ Deputy Clerk, and Council/Committee Secretary. Deputy Mayor Phyllis Morris called the meeting to order at 7:05 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. Deputy Mayor Morris outlined the procedures that would be followed in the conduct of the public meeting. The Deputy Clerk confirmed that appropriate notice had been given and that signs had been posted on the subject properties, identified as Item 1(File: D14-31-03), Item 2 (Files: D09-12-03 and D14-29-03) and Item 3 (Files: D09-13-03 and D14-32-03) in accordance with the relevant provisions of the Planning Act. Moved by Councillor West Seconded by Councillor Wallace THAT Item #4 - Zoning By-law Amendment Application Bayview Business Park Inc., Part of Lot 1, Registered Plan 65M-3074, 108-224 Hollidge Boulevard, File: D14-31-03, be deferred until the Public Planning meeting, to be held on Thursday February 26, 2004, to allow for the re-notification process to be properly executed. CARRIED II APPROVAL OF AGENDA Moved by Councillor Buck Seconded by Councillor West THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented with the addition of the following correspondence pertaining to: Item #4. PL04-004 - Zoning By-law Amendment Application Bayview Business Park Inc. Part of Lot 1, Registered Plan 65M-3074 108-224 Hollidge Boulevard File D14-31-03 Special Council - Public Planning Meeting No. 04-04 Page 2 of 6 Wednesday, January 28, 2004  Memorandum from the Director of Corporate Services  Letter from Diana and Randy Consell of Baywell Crescent objecting to the Bayview Business Park Inc. application  Petition from the residents objecting to the Bayview Business Park Inc. application  Letter from Jacques Arsenault objecting to the Bayview Business Park Inc. application CARRIED III PRESENTATIONS Brief Overview from the Director of Planning Re: Proposed Development between Wellington Street East and St. John’s Sideroad along Bayview Avenue The Director of Public Planning advised that the G.I.S. staff and Planning staff have put together a composite of the proposed application along the Bayview Avenue North Corridor. The Director went through the entire area, using the provided key map to outline the various applications before Council this evening, in relation to the approved and projected projects within that area. The Director advised that staff are looking at the task of planning this area as a whole, working in conjunction with the Region of York to ensure that lighting, traffic flow, and many other planning issues are carefully considered within the whole area and not on an individual, stand-alone basis. Moved by Councillor Hogg Seconded by Councillor Gaertner THAT the Overview from the Director of Planning regarding the Bayview Avenue North Corridor, be received as information. CARRIED IV PLANNING APPLICATIONS 1. PL04-003 - MORGUARD REAL ESTATE INVESTMENT TRUST Blocks 2 & 3, R.P. 65M-3074 (Sobeys/Zellers Site) Official Plan and Zoning Amendment Applications Files D09-12-03 & D14-29-03 respectively Planning Staff The Acting Manager of Planning gave a description of the application and reviewed the contents of the report, outlining the location of the property and the surrounding and current uses. The Planner outlined the applicant’s proposal to delete the current “Campus Commercial” designation, and extend the “Community Commercial Centre” designation across the entire property so that the requirement for an enclosed shopping centre would be removed. The Planner advised that the primary purpose of the application is to complete the development of the subject lands with the construction of two new buildings on the west side of the site and one smaller new building on the east side of the site. In addition, Sobeys would be permitted to make a relatively small expansion to the existing store, to create a total building coverage of 25.74% and, according to the preliminary concept plan, would have 122 excess parking spaces. Special Council - Public Planning Meeting No. 04-04 Page 3 of 6 Wednesday, January 28, 2004 The Planner advised that Staff recommends that report PL04-003 be received and that Council determine its position with respect to the application, subject to public comments received. Applicant/Agent Mr. Brent Clarkson of McNaughton Planning advised that he is representing the applicant in this application. Mr. Clarkson provided an overview of the proposal, indicating that the main focus of this application centres on the removal of the requirement that retail space on this property must be enclosed, to be consistent with the existing condoned uses on these lands. Mr. Clarkson advised that the applicant plans to use similar building designs, exterior visual features, attractive landscaping and sufficient screening between the proposed and existing buildings to conform with, and enhance the existing look of the development. Mr. Clarkson also advised of the applicant’s plans to install footpaths connecting the nearby residential neighbourhoods to the plaza to facilitate easy access for local residents. Mr. Clarkson concluded by advising that the applicant will continue to work with staff and the residents to ensure that the site plan will reflect the best possible design for that location, and requested that Council approve the recommendations within the report. Public Comments Mr. John Gallo, representative of the Bayview Wellington Ratepayers Association, advised that the applicant has been very cooperative and willing to meet with the Association to discuss the perspective of the local residents with respect to this application. Mr. Gallo advised that the Bayview Wellington Ratepayers Association is pleased with this proposal and will continue to work with staff and the applicant to see that the final product is agreeable to all. Mr. Gallo concluded by requesting that Council complete the Site Plan approval process prior to the execution of the proposed Official Plan and Zoning By-law amendments. Ms Margaret Shearman, resident of 15385 Bayview Avenue, expressed concern with regard to the proposed building listed as B6 in figure 5 of Report PL04-003, at the south/east corner of the existing Zellers. Ms Shearman advised that she is concerned about the distance between this building and the Zellers building. She suggested that there is a possibility of large delivery trucks trying to turn behind Zellers to get to the receiving area and not being able to make the turn due to their size and the limited space proposed. The public portion of the meeting closed at 8:00 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Wallace THAT Report PL04-003 be received as information and that Council approve the following amendments to the Zoning By-law: 1. THAT the C9 zone be deleted and that the C8 zone be applied to the entire property; and 2. THAT the following permitted uses be transferred from the C9 zone to the C8 zone: “nursery and garden centres”; and 3. THAT the gross leaseable floor area be increased to 44,128 square metres, by combining the maximum areas permitted for the enclosed shopping centre and freestanding buildings in the C8 zone and the total floor area permitted in the C9 zone; and 4. THAT the following setback provisions be applied: a 6 metre setback from public streets; a 10 metre setback from the Hydro Corridor; and a 10 metre setback from the southern property line; and Special Council - Public Planning Meeting No. 04-04 Page 4 of 6 Wednesday, January 28, 2004 5. THAT the requirement for an enclosed shopping centre be deleted; and 6. THAT the permission for residential units in conjunction with the enclosed centre be deleted; and THAT the applicant continue to work to the best of their ability with the Bayview Wellington Ratepayers Association to ensure that the site plan will address all concerns of the residents, including but not limited to landscaping issues; and THAT the site plan be prepared concurrently with the Official Plan and Zoning By-law amendments. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor West Seconded by Councillor Wallace THAT “automotive parts and service, where accessory to retail uses” be removed from the list of proposed uses; and CARRIED The main motion was CARRIED AS AMENDED 2. PL04-010 - Official Plan Amendment, Zoning By-law Applications EV-TAZ Development Limited Lot 4, Registered Plan 65M-2873, 217 Earl Stewart Drive Files D09-15-03 and D14-34-03 Planning Staff The Planner gave a description of the application and reviewed the contents of the report, outlining the location of the property and the surrounding and current uses. The Planner outlined the applicant’s proposal to change the existing land use designation to “Service Commercial Special” to meet the needs of the community and service the surrounding area, by constructing three buildings to be used for commercial purposes on the subject lands. The Planner concluded by advising that Staff recommends that Report PL04-010 be received and that the approval of the Official Plan Amendment be subject to the resolution of the issues identified in this report and public comments received. It is further recommended that approval of the Implementing Zoning By-law be subject to the review of at least the first site plan submission. This would ensure for a more detailed review of the proposed development and proper function of the site and its compliance with the implementing Zoning By- law. Applicant/Agent Mr. Michael Larkin of Larkin Associates, advised that his client, EV-TAZ Development Limited, has been working together with Town staff on this application and that they concur with the comments and recommendations contained within Report PL04-010. Public Comments Mrs. Julie Mallany, resident of 14 Baywell Crescent, inquired as to whether the proposed clock tower will chime on the hour and display any kind of signage or advertising. The agent advised that there will be no chime and that the issue of advertising or signage is under review. He advised that more details on this inquiry should be addressed during the site plan process. Special Council - Public Planning Meeting No. 04-04 Page 5 of 6 Wednesday, January 28, 2004 The public portion of the meeting closed at 8:45 p.m. and Council’s deliberations began. Moved by Councillor Vrancic Seconded by Councillor West THAT Report PL04-010 be received as information and that the Official Plan Amendment be approved in principle, subject to the resolution of the issues identified in this report and public comments received; and THAT approval of the Implementing Zoning By-law be subject to the review of at least the first site plan submission. CARRIED 3. PL04-011 - ST. JOHN’S BAY LAND COMPANY LTD. 243 Earl Stewart Drive, Lot 1, Block 7, Plan 65M-2874 Official Plan and Zoning Amendment Applications File Nos. D09-13-03 & D14-32-03 respectively Planning Staff The Acting Manager of Planning gave a description of the application and reviewed the contents of the report, outlining the location of the property and the current uses of the surrounding area. The Planner outlined the application to amend the Official Plan and the Zoning By-law to permit a variety of commercial uses on the subject lands to allow for the construction of retail stores, including an LCBO warehouse/retail store, and/or a Brewer's Retail Outlet (Beer Store). In addition, staff advised that the applicant is requesting that the subject lands be permitted to have a parking area that would accommodate customers from the Loblaws supermarket site to the north. The Planner also advised that restrictions to limiting the total square footage on the site to 30,000 square feet, and that, should Loblaws expand, no additional building be permitted on the subject lands, may be included in the by-laws. Applicant/Agent Mr. Brian Corbett of St. John’s Bay Land Company Ltd. advised that the main project for this location is going to be a flagship LCBO retail store and warehouse, and that his firm has been working together with Loblaws in developing this site in such a way that the Loblaws store and the proposed business(s) on the subject lands will draw and share the same clientele, in effect, enhancing business for one another. Mr. Corbett advised that the St. John’s Bay Land Company Ltd. fully supports the recommendations in Report PL04-011. In response to the concerns raised by staff with regard to a gas bar, the applicant agreed to eliminate the gas bar from the list of permitted uses on the subject property. Mr. Corbett concluded by requesting that Council authorize staff to work with the applicant toward the finalization of an Implementing Zoning By-law. Public Comments Mrs. Julie Mallany, resident of 14 Baywell Crescent, advised that she is aware of at least one way for vehicles to avoid Bayview Avenue by cutting through residential back streets to travel from St. John’s Sideroad down to this development and beyond to Home Depot. She requested that Council consider this and plan for an increase in traffic within these residential areas. Special Council - Public Planning Meeting No. 04-04 Page 6 of 6 Wednesday, January 28, 2004 The public portion of the meeting closed at 9:35 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Vrancic THAT Report PL04-011 be received and that Staff be directed to work with the applicant toward the finalization of an Implementing Official Plan Amendment and Zoning By-law Amendment by-laws, subject to the public comments received; and THAT staff bring back the amending by-laws for consideration when prepared. CARRIED Moved by Councillor West Seconded by Councillor Wallace THAT the three following additional items of correspondence be referred to the February 26, 2004 Special Council – Public Planning meeting: • Letter from Diana and Randy Consell of Baywell Crescent objecting to the Bayview Business Park Inc. application; and • Petition from the residents objecting to the Bayview Business Park Inc. application; and • Letter from Jacques Arsenault objecting to the Bayview Business Park Inc. application CARRIED V ADJOURNMENT Moved by Councillor West THAT the meeting be adjourned at 9:40 p.m. CARRIED _____________________________ _____________________________ P. MORRIS, DEPUTY MAYOR K. EWART, DEPUTY CLERK