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MINUTES - Special Council - 20040226 TOWN OF AURORA SPECIAL COUNCIL – PUBLIC PLANNING MEETING MINUTES NO. 04-07 Council Chambers Aurora Town Hall Thursday, February 26, 2004 ATTENDANCE COUNCIL MEMBERS Deputy Mayor Morris in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Vrancic and Wallace. MEMBERS ABSENT Mayor Jones was absent on other business and Councillor West was absent due to illness. OTHER ATTENDEES Director of Planning, Planning Technician, Acting Planner, Administrative Coordinator/ Deputy Clerk, and Council/Committee Secretary. Deputy Mayor Phyllis Morris called the meeting to order at 7:00 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 (File: D14-30-03) and Item 3 (File: D14-35-03) in accordance with the relevant provisions of the Planning Act. II APPROVAL OF AGENDA Moved by Councillor Wallace Seconded by Councillor Gaertner 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  Letter from Diana and Randy Consell of Baywell Crescent objecting to the Bayview Business Park Inc. application (Deferred from Jan. 28 Public Planning meeting)  Letter from Mr. Brandon and Ms Alison Lau of 33 McMaster Avenue, objecting to the Bayview Business Park Inc. application  Letter from Mr. Gary Gorman of 49 Baywell Crescent, objecting to the Bayview Business Park Inc. application  Letter from Mr. Kevin and Ms Iyana Lee of 55 Baywell Crescent, objecting to the Bayview Business Park Inc. application Special Council - Public Planning Meeting No. 04-07 Page 2 of 6 Thursday, February 26, 2004  Letter from Ms Julie Mallany of 14 Baywell Crescent, objecting to the Bayview Business Park Inc. application  Correspondence from Mr. Mark Holly Re: Proposed amendment to the application for the Bayview Avenue/Hollidge Commercial Site Zoning Amendment CARRIED III PLANNING APPLICATIONS 1. PL04-023 - 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 Brief Overview from the Director of Planning Re: Revisions to the Application Resulting from Discussions Between Bayview Business Park Inc. and the Newly Formed Chapman Park Community Ratepayers Association (CPCRA) The Director of Planning provided an overview regarding an agreement which has been reached, very recently, between the applicant, Bayview Business Park Inc. and the newly formed Chapman Park Community Ratepayers Association (CPCRA), whereby through discussions and meetings they have managed to work together to resolve the majority of concerns raised by the residents in that area. The Director advised that due to this recent development, there are several revisions to the proposal and that the presentation from staff regarding report PL04-023 will be very brief. Planning Staff The Acting Planner advised that resulting from the negotiations between the applicant and Chapman Park Community Ratepayers Association (CPCRA), the following list of proposed modifications to the zoning amendment application were submitted by Bayview Business Park Inc. today: i) Permission for Restaurants and Drive Through Restaurants to be limited to one only and shall be restricted to the east end of the property where the Tim Horton’s is proposed to be located; ii) An increase in the maximum floor area per unit from 250m2 to 600m2 as opposed to the original request of 929m2. iii) All Clinics, Restaurants and Drive Through to be restricted to a maximum of 20% of Gross Floor Area as opposed to the original request of 30% of Gross Floor Area; iv) Drive Through Financial Institution is no longer required and can be deleted from this application; v) It is also proposed that the access to McMaster Avenue be deleted, subject to review and approval by the Town of Aurora. The Acting Planner advised that the Site Plan will have to be thoroughly reviewed to be sure that all modifications comply with the Towns’ Official Plan and zoning requirements. Special Council - Public Planning Meeting No. 04-07 Page 3 of 6 Thursday, February 26, 2004 Applicant/Agent Mr. Roger Beaman, representative of Bayview Business Park Inc., advised that, the proposed revisions are restrictive to the applicant, however the applicant assures Council and the residents that they will all be adhered to, providing that the Town of Aurora concurs. Mr. David Stewart of Bayview Wellington Management Inc. advised that he has worked closely with Chapman Park Community Ratepayers Association (CPCRA) to address many areas of concern within the application and provided details respecting the modifications outlined in the planning staff presentation. Mr. Stewart advised that in addition to the above noted list, a few other modifications are proposed which include the air conditioning and relocation of the enclosed garbage containment units to the north/west corner of Building B (Figure 4 of report PL04-023) and the north/east corner of building C (Figure 4 of report PL04-023). He also noted that cedar hedges will be installed at the west end of the property to screen the abutting residence and that the street entrance into the site from Hollidge Boulevard would be changed from “right-in/right-out only” to “right-in only” and that the only street exit from the site will be located further west on Hollidge Boulevard directly opposite to the Sobeys entrance. Public Comments Comments were made from the following members of the Chapman Park Community Ratepayers Association (CPCRA): • Mr. Jaques Arsenault , president of Chapman Park Community Ratepayers Association (CPCRA), 7 Baywell Crescent • Mr. Shaun Piper, resident of 75 Baywell Crescent • Ms Julie Mallany, resident of 14 Baywell Crescent • Mr. Brett Badger, resident of 10 Baywell Crescent • Mr. Brandon Lau, resident of 33 McMaster Avenue • Mr. Randy Consell, resident of 35 Baywell Crescent • Mr. Lorne Ross, resident of 40 Baywell Crescent The members of the Chapman Park Community Ratepayers Association (CPCRA) advised that they are in agreement with the proposed application as amended and that they would wish to have their letters of opposition withdrawn. Many of the listed residents also indicated that they strongly support the proposal to remove the proposed entrance from McMaster Avenue, as many children in the neighbourhood walk to Northern Lights Pubic School along the site of the formerly proposed entrance and it was suggested that this would be potentially dangerous. One resident, Mr. Lorne Ross, suggested that the median could be broken to allow traffic to access into both lanes of Hollidge Boulevard. Comments were made from the following people who indicated that they still oppose the application: • Ms Kelly Knowal, resident of 21 Baywell Crescent • Ms Kristen Scott, resident of 10 Baywell Crescent • Ms Pat Credin, resident of 32 Baywell Crescent • Ms Leslie Cooley, resident of 411 Hollandview Trail • Mr. Jeff Ambell, resident of 47 Baywell Crescent The above noted residents expressed concerns regarding additional strain on traffic and potential congestion at the entrance into the proposed development creating a more crowded and unattractive atmosphere, and possible hazard to pedestrians, as well as the potential decrease to the value of existing homes in the surrounding area. Special Council - Public Planning Meeting No. 04-07 Page 4 of 6 Thursday, February 26, 2004 The public portion of the meeting closed at 8:10 p.m. and Council’s deliberations began. Moved by Councillor Buck Seconded by Councillor Wallace THAT the Zoning By-law Amendment Application from Bayview Business Park Inc. regarding 108-224 Hollidge Boulevard File: D14-31-03 be rejected. CARRIED 2. PL04-024 - Zoning By-law Amendment Application Silverhill Equities Inc. Part of Lot 21, Plan 246 29 George Street File: D14-30-03 Planning Staff The Acting Planner provided 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 “Row Dwelling Residential” to permit two row house buildings comprising of eight row house units with underground parking on the subject lands. The Acting Planner noted that staff have identified a number of issues which need clarification including the minimum lot area per dwelling, minimum lot frontage per dwelling, minimum outdoor living area per dwelling and the maximum lot coverage, access to underground parking. The Acting Planner advised that Town Staff have expressed concern with the feasibility of the application as submitted and require further review, and that the Central York Fire Services Department does not support the application as submitted and requires further information in order to comment on the application. The Acting Planner concluded by advising that Staff recommends that Report PL04-024 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. Peter Smith, planning consultant representing the applicant, advised that applicant wished to design the proposed units in a heritage theme, which would be in keeping with the surrounding neighbourhood, and that the existing trees on the property would all be preserved, but one, which is located in a strategic spot and cannot be relocated. Mr. Smith advised that the rental units would be approximately 2000 square feet and each would have access to underground parking. Mr. Smith advised that the applicant would like to continue working with staff through the site plan process to resolve the issues raised in the report and at this meeting. Public Comments Questions and comments were made from the following people with respect to the application: Special Council - Public Planning Meeting No. 04-07 Page 5 of 6 Thursday, February 26, 2004 • Ms Carla Tan, resident of 85 Wellington Street • Mr. Bud Gilbert, resident of 85 Wellington Street • Ms Pat Runnings, resident of 85 Wellington Street • Ms Barb McCaston, resident of 85 Wellington Street The above noted residents expressed concerns regarding additional strain on parking in the area, shortage of guest parking in the proposed buildings, and the limited outdoor space per unit, for children to play, as well as the potential abundance of garbage at the curb on Wellington Street. The public portion of the meeting closed at 9:10 p.m. and Council’s deliberations began. Moved by Councillor Kean Seconded by Councillor Vrancic THAT report PL04-024 be referred back to staff to work with the applicant to address various issues including, but not limited to: • Reduction of the proposed number of units on this property; • Appropriate access to all units, for fire fighting vehicles and equipment; and THAT staff bring this item back to a future public Planning meeting for Council to determine its position with respect to the application, subject to the resolution of the outstanding issues and public comments received. CARRIED 3. PL04-025 - Zoning By-law Amendment Application Estate of David Lenard Smith Part of Lot 79, Concession 1 W.Y.S. 268 Kennedy Street West File: D14-35-03 Planning Staff The Acting Planner provided a description of the application and reviewed the contents of the report, outlining the location of the property and current uses of subject and surrounding lands. The Planner outlined the applicant’s proposal to change the existing designation from “First Density” to “Second Density” to permit the construction of 3 homes on the subject land, similar in size and design to the surrounding neighbourhood, which was also owned and developed by the applicant. The Acting Planner advised that staff have no objections to the application, however the Building Department did indicate that they have concerns with the future development of the southerly part of the subject lands, which fronts Kennedy Street, as it does not address future plans for the south portion of the property, they consider it premature to rezone the retained parcel without knowing what is proposed for the retained lands. The Acting Planner advised that staff is working with the applicant to determine their future plans for the remaining area. Applicant/Agent Mr. David Amborski, professional planner, advised that he is representing the applicant, who owned and developed the surrounding lands as well as owning the subject property. Mr. Amborski advised that the applicant had retained the subject lands for his own home and lived there until he recently passed away, and that he had expressed the wish to develop the remaining parcel of land in the same manner as the surrounding development. Mr. Amborski advised that there is already an existing serviced road and that the proposed use of this subject land to allow for three homes would be consistent and complementary to Special Council - Public Planning Meeting No. 04-07 Page 6 of 6 Thursday, February 26, 2004 the area. Mr. Amborski requested that Council approve the applicants’ request for a zoning By-law amendment to allow for the development of this site. Public Comments There were no members of the public in attendance to comment on the application. The public portion of the meeting closed at 9:30 p.m. and Council’s deliberations began. Moved by Councillor Kean Seconded by Councillor Wallace THAT report PL04-025 be referred back to staff to resolve the matters identified, and that a further report detailing how such matters have been addressed be prepared. CARRIED IV READING OF BY-LAWS Moved by Councillor Vrancic Seconded by Councillor Kean THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4513-04.C BEING A BY-LAW to Confirm Actions by Council Resulting From The Special Council Meeting of February 26, 2004. CARRIED V ADJOURNMENT Moved by Councillor West THAT the meeting be adjourned at 9:40 p.m. CARRIED