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MINUTES - Special Council - 20040604 TOWN OF AURORA SPECIAL COUNCIL – PUBLIC PLANNING MEETING MINUTES NO. 04-23 Council Chambers Aurora Town Hall Wednesday, June 23, 2004 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Wallace and West. MEMBERS ABSENT Councillors Hogg, Kean, Morris and Vrancic were absent. OTHER ATTENDEES Director of Planning, Manager of Policy Planning, Planners, Administrative Coordinator/Deputy Clerk, and Council/Committee Secretary. The Mayor called the meeting to order at 7:16 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor Wallace 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:  Letter from Lakeshore Group – Sean Galbraith, Planner Re: Item 1 - PL04-076 - Whitwell Developments Limited (First Professional)  Letter from Aurora Hydro Re: Item 3 - PL04-078 - Proposed Official Plan and Zoning By-law Amendment Applications Victor Priestly and The Priestly Holdings Corporation (Aurora Toyota)  Correspondence from the Town of Newmarket - Richard Nethery, Director of Planning Re: Item 4 - PL04-079 - Official Plan Amendment Application Mattamy (Aurora) Limited  Letter from the Manager of Planning - Lake Simcoe Region Conservation Authority Re: Item 4 - PL04-079 - Official Plan Amendment Application Mattamy (Aurora) Limited Special Council – Public Planning Minutes No. 04-23 Page 2 of 8 Wednesday, June 23, 2004  Letter from Goodmans LLP – Julia Ryan Re: Item 1 - PL04-076 - Whitwell Developments (First Professional)  Letter from Aird & Berlis LLP – Steven Zakem Re: Item 2 - PL04-077 - Employment Land Retention: Proposed Strategy and Official Plan Amendment CARRIED III PLANNING APPLICATIONS Mayor Jones 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 in accordance with the relevant provisions of the Planning Act. 1. PL04-076 - Whitwell Developments Limited (First Professional) Part of Lot 21, Concession 3, Wellington Street and Leslie Street Official Plan and Zoning Amendment Applications Files D09-10-03 and D14-28-03 respectively Planning Staff The Manager of Policy Planning provided a brief overview of this application, defining the location of the subject lands, surrounding uses and the current designation under the Official Plan. The Planner outlined the nature of the application to construct 561,775 square feet of Regional-serving commercial development on the lands located on the north side of Wellington Street between Leslie Street and Highway 404. The Manager of Policy Planning advised that the application would include a discount department store, warehouse membership club, either a large format supermarket or a home improvement outlet, ancillary retail uses, a ten screen cinema, service commercial uses (restaurants, personal services) and office commercial uses. The Manager of Policy Planning advised that, due to the proposed size and scale of the applications, the notice for the applications was enhanced to include various extra measures to inform businesses and residents of this application, and suggested the finalized peer review documents and detailed staff report be considered at a second Public Planning Meeting to be held on September 29, 2004. Applicant/Agent Mr. Bob Macaulay, Planning Consultant for the applicant, Mr. Don Larke, advised that Whitwell Developments has constructed various other well received and successful shopping complexes of this nature, including the Canadian Tire and Winners plaza at Murray Street and Yonge Street in Aurora. Mr. Macaulay presented a comprehensive outline of the proposed Aurora Gateway Centre, and illustrated how this proposal will tie in with the rest of the community, including the proposed Head Office for State Farm Insurance Co., which will be adjoined with this development. Mr. Macaulay provided conceptual drawings of the proposed “internal retail street” and summarized the positive impact that this proposal will have on the community. Public Comments Mr. Mike Evans, owner of True Value Home Hardware, expressed concern with regard to the nature of this application advising that many businesses in the downtown core of Aurora are struggling, suggesting that this development would further aggravate the situation. Mr. Larke advised that the market study took this issue into consideration. Special Council – Public Planning Minutes No. 04-23 Page 3 of 8 Wednesday, June 23, 2004 The public portion of the meeting closed at 8:00 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Buck THAT Council receive as information the following overview of Official Plan Amendment and Zoning By-law Amendment applications D09-10-03 and D14-28-03 respectively regarding Whitwell Developments Limited (First Professional), and; THAT Council direct the team of peer review consultants to consider and address all comments received from both ratepayers and Council members, at the public meeting within their peer review analysis of the project, and; THAT the completed peer reviews are presented to Council in July 2004 and to a subsequent Public Planning Meeting in September 2004; and THAT staff be directed to carry on with suggested programs as outlined in Planning Report PL04-076. CARRIED 2. PL04-077 - Employment Land Retention: Proposed Strategy and Official Plan Amendment Planning Staff The Manager of Policy Planning provided a brief overview of this application, defining the groundwork leading up to this stage. The Manager of Policy Planning outlined the next steps of this project which would include; identification and updating of all employment lands, changing industrial lands to employment lands and then to move forward with the strategies suggested by Hemson Consulting Limited for preserving these employment lands, as these lands make up an integral component of the community and keep balance in the economy and functionality of the Town of Aurora. Applicant/Agent Mr. Ray Simpson, of Hemson Consulting Limited, introduced the proposed Employment Land Retention Strategy by providing a brief summary of the reasons behind its creation. Mr. Simpson advised that the preservation of employment retail lands has become a problem throughout the Greater Toronto Area, because employment landowners have found that they can profit considerably by re-designating their lands for residential development. Mr. Simpson advised that due to this problem, it has become necessary to put stronger legislation in place to ensure that employment lands cannot be re- designated unless specific criteria are met, to clearly illustrate that the land should be re-designated. Mr. Simpson introduced Mr. Antony Lorius, of Hemson Consulting, who asked that Council adopt the proposed Employment Land Retention Strategy, and he outlined the three main elements of the strategy, as follows: 1. Only approve changes to the total amount of employment land designated within a comprehensive planning process; 2. Outside such a process, only approve changes in designation for compelling, site specific reasons; 3. Require proponent to demonstrate proposed development will provide benefits. Special Council – Public Planning Minutes No. 04-23 Page 4 of 8 Wednesday, June 23, 2004 Public Comments Mr. Brian Corbett of St. John's Bay Land Company Ltd., expressed his support for this strategy and encouraged Council to include as many types of commercial and retail business lands within the land uses that will fall under this legislation. Ms Michelle Banfield, of Larkin and Associates Planning Consultants, advised that she represents Ev-Taz Developments, the current owner of 217 Earl Stewart Drive, who has received Council approval for an amendment to the Official Plan, subject to site plan approval. Ms Banfield requested, on behalf of her client, that the legislation only apply to new applications, which have not yet received approval, and that her client be permitted to go forward with the site plan and not be affected by this new legislation. Mr. David Bronskill of Goodmans LLP, solicitor for Lebovic Enterprises, advised that his client is in opposition to the Employment Land Retention Strategy, as currently worded. Mr. Bronskill expressed concern with regard to the inflexibility of the wording within the strategy, noting that there is very little possibility for a land owner to prove their need to re-designate, outside of the three criteria which are very specific and limited. Mr. Bronskill advised that there appears to be no appeal process, and that this strategy is too restrictive, and he asked that the legislation be modified to make it more balanced and reasonable. Mr. John Kovacs advised that he owns land on the north side of Wellington and expressed concern that the new legislation would conflict with his plans to apply for part residential and part commercial uses for his property. Mr. Kovacs requested that Council consider, at the appropriate time, allowing this to happen, as it will benefit the Town and would best suit the formation and location of the subject property. The public portion of the meeting closed at 8:53 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Wallace THAT staff consider comments received at the Public Meeting pertaining to the proposed Official Plan Amendment policies set out within the Strategy; and THAT staff be directed to continue to work with Hemson Consulting Ltd. to refine the document and present the implementing Official Plan Amendment to Council upon completion. CARRIED 3. PL04-078 - Proposed Official Plan and Zoning By-law Amendment Applications Victor Priestly and The Priestly Holdings Corporation (Aurora Toyota) Part of Lot 80, Concession 1 EYS and Block 43, R.P. 65M-3461 Southwest Corner Bayview Avenue and Wellington Street East 623 and 669 Wellington Street East Files D09-05-04 and D14-06-04 Planning Staff The Planner provided a brief overview of this application, defining the location of the subject lands, surrounding uses and the current designation under the Official Plan. The Planner indicated that staff have some minor concerns with the application to amend the zoning to allow for redevelopment of the land for use as an automobile dealership, with regard to outstanding studies and various issues including, but not limited to, proximity to the flood plain, noise, lighting and privacy. Special Council – Public Planning Minutes No. 04-23 Page 5 of 8 Wednesday, June 23, 2004 Applicant/Agent Mr. John Chapman, of Aurora Toyota, advised that the current Yonge Street location for Aurora Toyota has been tremendously successful and that they now must expand and relocate to a larger site, to keep up with the growth of their business. Mr. Chapman introduced Mr. Jamie Bennett of Marshall Macklin Monaghan, who outlined the details of the concept plan. Mr. Bennett advised that the application for the Proposed Official Plan and Zoning By-law Amendments would be consistent with the general intended use for the subject lands. He advised that the design for the sales office would look much like an attractive office building, located as far away from the neighbouring residences as possible. Mr. Bennett advised that many of the concerns raised by neighbouring residents have been discussed and addressed thus far, including, but not limited to; noise, lighting, landscaping, traffic and safety fencing. Mr. Bennett requested that Council approve the report to allow the applicant to continue to work with staff to bring forward a site plan. Public Comments Mr. Jim Wood advised that on behalf of many neighbouring residents, he was submitting a petition opposing the subject application. Mr. Wood informed Council, however, that he had the opportunity to meet with Mr. Chapman prior to this meeting and advised that many of the residents’ concerns have been discussed and verbally addressed. Mr. Wood requested, for the record, that Council and staff ensure that the following issues are addressed in the site plan process: • Measures to prevent or minimize invasive noise, lighting and exhaust fumes; • Careful planning of the entrances to minimize traffic congestion and enhance safety at the intersection of Bayview Avenue and Wellington Street; • Consideration of a possible break in the median on Wellington Street to allow for traffic to enter and exit the proposed building safely; • Careful attention to landscaping and fencing around the entire site, to ensure maximum safety and protect local children in the area from accessing the car lot from the residential side during construction and when the business is operational; • Minimize visual clutter, i.e.: profusion of banners, flags, promotional props and signage, etc. The public portion of the meeting closed at 9:35 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Buck THAT report PL04-078 be received as information; and THAT staff be authorized to work with the applicant toward the finalization of an implementing Official Plan Amendment and Zoning By-law Amendment, taking into consideration the staff comments and those raised by the public at the Public Planning Meeting; and THAT the residents be notified when the proposed by-laws will be presented to Council for consideration. CARRIED Special Council – Public Planning Minutes No. 04-23 Page 6 of 8 Wednesday, June 23, 2004 4. PL04-079 - Official Plan Amendment Application Mattamy (Aurora) Limited Part of Lot 26, Concession 2 EYS Part 1, Reference Plan 65R-19977 Northeast Corner Bayview Avenue and St. John’s Sideroad 938 St. John’s Sideroad File D09-06-04 Planning Staff The Planner provided a brief overview of this application, defining the location of the subject lands, surrounding uses and the current designation under the Official Plan currently zoned as commercial/industrial. The Planner reviewed the contents of the report outlining the nature of the application to allow for the use of the lands for a residential condominium townhouse development of approximately 110 units. The Planner advised that the applicant has not submitted all of the required support material and studies to allow staff and external agencies to properly review this application. Applicant/Agent Mr. Richard Harrison of Malone Given Parsons Ltd., advised that the applicant has not submitted various material and studies to support this application, and requested that Council authorize staff to work with the applicant to sort out the details of how best to conduct the studies in order to address the requirements of the Town and any concerns expressed by the staff and the public. Public Comments Mr. Darryl Burke expressed concern with regard to the applicant’s reluctance to provide the required information to support this application. Mr. Burke questioned the proximity of the proposed development to a nearby Enbridge regulator station facility, and whether this would result in adverse impacts on the nearby residents and the environment. Mr. John Mascarin, solicitor for Enbridge Consumers Gas Company, advised that the potential for adverse effects on the proposed development, if any, would be caused by the constant noise produced from the above ground natural gas pipes, and the compression equipment contained within the regulator station facility. Mr. Mascarin advised that the regulator station is needed to supply natural gas to many of the residents in Aurora and cannot be easily relocated, and that it was deliberately located in an isolated environment away from any populated areas due to the noise. Mr. Mascarin expressed concern that this application might be a conflict or misuse of this land, and urged Council to consider the possible impact that this pumping station may have in relation with the proposed use. The public portion of the meeting closed at 10:25 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Gaertner THAT this meeting be extended beyond 10:30 p.m. in order to address the remaining items on the agenda. CARRIED Moved by Councillor West Seconded by Councillor Wallace THAT staff be authorized to work with the applicant to bring all required information and studies forward, to permit Council to make an informed decision with respect to the Official Plan Amendment application. CARRIED Special Council – Public Planning Minutes No. 04-23 Page 7 of 8 Wednesday, June 23, 2004 5. PL04-080 - Zoning By-law Amendment Application Town of Aurora Part of Lot 19, Concession III, 15059 Leslie Street File D14-05-04 Planning Staff The Planner provided a brief overview of this application, defining the location of the subject lands, surrounding uses and the current designation under the Official Plan. The Planner reviewed the contents of the report outlining the nature of the Town’s application to allow for the use of the lands for employment and ancillary uses, a municipal water reservoir, a stormwater management facility and possible recreational uses. Applicant/Agent Mr. Gary Templeton of Templeton Lepek Limited, advised that he was available for comment if required. Public Comments Mr. Greg Dell advised that he is speaking on behalf of the property owner immediately south of the subject lands. Mr. Dell expressed concern regarding the proposed location of the water tower and the possibility of stormwater draining down onto his client’s property. Mr. Dell advised that his client believes that roads and services should abut the southern property. Mr. Dell inquired as to who would be responsible for maintaining the stormwater management ponds and if there were plans for an archaeological study of the area. Mr. Dell suggested that the application is pre-mature and requested that the Town should provide more information regarding its position with respect to the Oak Ridges Moraine and provide a site plan for consideration. Mr. Wesley Robbins, owner of the property south of the subject lands, advised that he has concerns with regard to the height of the proposed water tower, as it would be located directly north of his property and could be a significant intrusion of his sightlines. Mr. Robbins inquired as to the nature of the recreational uses for this site, and also expressed concern with regard to the notification process and advised that he would like an opportunity for input into this process. The public portion of the meeting closed at 10:55 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Buck THAT Report PL04-080 be received as information; and THAT the application be referred back to staff in order to allow the Town and its consultants the opportunity to address the comments that were received through its circulation. CARRIED Special Council – Public Planning Minutes No. 04-23 Page 8 of 8 Wednesday, June 23, 2004 IV READING OF BY-LAWS Moved by Councillor West Seconded by Councillor Wallace THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4555-04.C BEING A BY-LAW to Confirm Actions by Council Resulting From This Meeting - Wednesday, June 23, 2004. CARRIED V ADJOURNMENT Moved by Councillor West THAT the meeting be adjourned at 10:55 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR K. EWART, DEPUTY CLERK