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.
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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