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MINUTES - Special Council - 20060524 TOWN OF AURORA SPECIAL COUNCIL – PUBLIC PLANNING MEETING MINUTES NO. 06-17 Council Chambers Aurora Town Hall Wednesday, May 24, 2006 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Kean, Wallace and West. MEMBERS ABSENT Councillors Hogg, Morris and Vrancic were absent. OTHER ATTENDEES Director of Planning, Planner, Administrative Co- ordinator/Deputy Clerk, and Council/Committee Secretary. The Mayor 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. II APPROVAL OF AGENDA Moved by Councillor Kean Seconded by Councillor West THAT the content of the Agenda, with the following additions, be approved:  NEW - CORRESPONDENCE from Mr. Jim Thomson, resident RE: ITEM 1 - PL06-064 - Applications to Amend the Official Plan and Zoning By-Law Amendment Applications Bayview Business Park Inc. (Origin Retirement Communities Inc.) Northwest Corner of John West Way and Hollandview Trail, Lot 82, Concession 1, Part 6 Plan 65R-14423 Files D09-01-06 and D14-01-06  NEW - CORRESPONDENCE from Mr. Jordan Bernamoff, Senior Vice- President Origin Retirement Communities Inc. RE: ITEM 1 - PL06-064 - Applications to Amend the Official Plan and Zoning By-Law Amendment Applications Bayview Business Park Inc. (Origin Retirement Communities Inc.) Northwest Corner of John West Way and Hollandview Trail, Lot 82, Concession 1, Part 6 Plan 65R-14423 Files D09-01-06 and D14-01-06 Special Council – Public Planning Minutes No. 06-17 Page 2 Wednesday, May 24, 2006  NEW - CORRESPONDENCE from Mr. Steven Zakem of Aird & Berlis LLP. RE: ITEM 2 - PL06-068 - Applications to Amend the Official Plan and Zoning By-Law, Bayview Avenue, Aurora D. Schmidt/Rice Commercial Group 15320 Bayview Avenue, Aurora Part of Lot 81, Concession 1, E.Y.S Files D09-02-05 and D14-11-05  NEW - PEER REVIEW OF MARKET STUDY RE: ITEM 2 - PL06-068 - Applications to Amend the Official Plan and Zoning By-Law, Bayview Avenue, Aurora D. Schmidt/Rice Commercial Group 15320 Bayview Avenue, Aurora Part of Lot 81, Concession 1, E.Y.S Files D09-02-05 and D14-11-05 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. PL06-064 - Official Plan Amendment and Zoning By-law Amendment Applications Bayview Business Park Inc. (Origin Retirement Communities Inc.) Northwest Corner of John West Way and Hollandview Trail Lot 82, Concession 1, Part 6 Plan 65R-14423 Files D09-01-06 and D14-01-06 Planning Staff The Planner provided a description of the application and reviewed the contents of the report, outlining the location of the property and current uses of the subject and surrounding lands. The Planner advised that the applicant is requesting Official Plan and Zoning By-law amendments to permit an Institutional use to allow for a four/five storey retirement residence having 143 full service rental units consisting of a mixture of studio, 1 bedroom and 1 bedroom and den suites including a 30 unit assisted living floor, a commercial kitchen to provide all meals for the residents as well as full laundry service, and recreational programs and a total of 58 parking spaces. The Planner advised that this application was presented and approved in principle at the Public Planning Meeting held on February 22, 2006, and the direction was given to staff to work with the applicant and the Bayview Wellington Ratepayers Association to address the concerns raised by the residents in the affected area and report back to a further Public Planning meeting. The Planner advised that staff has met with the applicant and the Bayview Wellington Ratepayers Association several times and the applicant has made several concessions and revisions to the original proposal to address the concerns of the ratepayers. The Planner advised that the applicant presented a revised plan which they felt addressed issues raised by residents, Council and staff. The Planner advised that the changes presented included: moving the building south by 2 m from the north property line, decreasing the height of the wings of the building from 5 storeys to 4 storeys, removing the peaked roof from the wings, reducing the Special Council – Public Planning Minutes No. 06-17 Page 3 Wednesday, May 24, 2006 height of the peaked roof on the 5th storey portion of the wings, increasing the buffer between the parking and rear property line, adding mature planting along the buffer strip, a noise fence and additional landscaping along the John West Way entrance, and increasing planting within the parking lot. The Planner advised that the residents still have some concerns with respect to parking, noise and massing of the building. The Planner concluded by recommending that, should Council find merit in the proposal, approval of the Official Plan Amendment should be subject to the public comments received and approval of the Implementing Zoning By-law should be subject to the review of at least the second site plan submission to ensure for a more detailed review of the proposed development to ensure the proper function of the site and its compliance with the Implementing By-law. Applicant/Agent Mr. Roger Beaman, Solicitor for the applicant and Mr. Hall, planner for this project, advised of the advantages of the proposed site and appropriate surroundings for this use and he advised that the applicant has been working closely with the Bayview Wellington Ratepayers Association and with staff to address and try to resolve the concerns of the residents. Mr. Beaman outlined the revisions that Origin Retirement Communities Inc. has agreed to make to the application in response to the concerns of the residents. Mr. Beaman advised that although there are still minor issues which remain outstanding, the applicant has addressed most of the major concerns, adding that he has received several letters of support for this project, which have been distributed to the Mayor and Members of Council. Mr. Hall outlined the remaining outstanding issues which include: increasing the buffer, landscaping and fencing, among others. Public Comments Mr. Brian Werburton, of 925 Davis Drive and Vice-President of the Aurora Seniors’ Association, advised that he is in full support of the application and that he believes that the proposed use is perfect for the location, due to its close proximity to the Aurora Seniors’ Centre, the Arboretum, the Town Hall, public transit, a variety of shopping venues and so many more amenities which will benefit the seniors who will become tenants in the new building, many of whom are no longer driving, and in some cases can only walk short distances. Mr. Werburton advised that there is a growing demand in the community for seniors’ housing and that this application will address that need and will be a great benefit to the Town of Aurora. Mr. Werburton concluded by requesting that Council approve this application to allow for it to go forward. Ms Florence Murray, of 16105 Yonge Street, advised that she is in support of the application and that she is of the opinion that the parking or traffic congestion in the area will not be negatively impacted by this use, and requested that the Town approve this application. Mr. Dan Harrison advised that he is an active member of the community with regard to many seniors programs, including CHATS, and he advised that there is a clear need for more seniors’ housing in Aurora. Mr. Harrison reviewed the benefits of the proposed location relating to the quality of living for the seniors and he expressed the opinion that the applicant has been working hard and has been successful in accommodating many of the requests of the residents. Mr. Harrison concluded by requesting that Council approve the application. Mr. Charles Sequeira, President of the Aurora Seniors’ Association, advised that he has always believed that seniors’ residences should be integrated into residential areas, and that the demographics in Aurora are shifting toward a larger percentage of seniors overall. Mr. Sequeira advised that the Aurora Seniors’ Centre is committed to accommodating all of the current and future senior population in Aurora and to enhance their quality of life. Special Council – Public Planning Minutes No. 06-17 Page 4 Wednesday, May 24, 2006 Mr. Sequeira suggested that this application is in the most appropriate location possible to allow this to happen, and he requested that Council approve the subject application. Ms Virginia Bodnar, of 385 Pinnacle Trail, advised that it is very difficult to find seniors’ housing in Aurora, and that most residences have long waiting lists. Ms Bodnar agreed with the other speakers that the need for this seniors’ residence in Aurora is great and that the benefits of the proposed location are abundant. Mr. Bob McRoberts, of 76 Catherine Avenue, advised that he is in support of the application and that he recently wrote a letter to the editor of a local news publication to reflect his support for this type of seniors’ housing in Aurora. Mr. McRoberts advised that the population of seniors in Aurora is increasing at a higher rate than many other municipalities, and that the waiting lists for existing seniors’ housing facilities are very long. Mr. McRoberts concluded by suggesting that, in order to keep the aging residents of Aurora in Aurora, it would be logical to permit this application to go forward. Mr. Denis Poncelet of 67 Ochalski Road, advised, on behalf of the Bayview Wellington Ratepayers Association, that the Association has been meeting with the applicant to address various concerns and he explained that several of the issues have been resolved. However, Mr. Poncelet advised that there are still some concerns left outstanding with regard to, among others, building massing, shadowing effect on neighbouring homes, noise from the remaining rooftop equipment, particularly the chiller, surface parking and mature landscaping. Mr. Poncelet advised that the Association would like to have an opportunity to review various studies, as well as a scale model of the proposed building, and they request that the matter be brought back to a further Public Planning meeting, prior to review of the site plan. Ms. Brenda McNamera of Community Relations at the Aurora Community Centre advised that the type of care which will be offered at the proposed seniors‘ residence would not fall into the category of affordable seniors housing or long term care centre, therefore she suggested that the perceived demand may not be as great as first implied by the other delegates. The public portion of the meeting closed at 8:10 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Buck WHEREAS these Official Plan and Zoning By-law Amendment applications were previously heard at the Public Planning meeting on February 22, 2006 and approved in principle subject to resolution of outstanding issues; and WHEREAS Town staff have worked with the applicant and the Bayview Wellington Ratepayers Association to address concerns raised; BE IT RESOLVED: THAT the Official Plan and Zoning By-law Amendment be approved in principle; and THAT staff be directed to prepare the implementing documents for adoption at the Council meeting scheduled for July 11, 2006; and THAT approval of the Site Plan be delegated to the Director of Planning at the July 11, 2006 meeting; and THAT final design approval be given by the Town’s Control Architect. On a recorded vote the motion CARRIED Special Council – Public Planning Minutes No. 06-17 Page 5 Wednesday, May 24, 2006 YEAS: 4 NAYS: 2 VOTING YEAS: Councillors Buck, Wallace, West and Mayor Jones VOTING NAYS: Councillors Gaertner and Kean Councillors Hogg, Morris and Vrancic were absent 2. PL06-068 - Applications to Amend the Official Plan and Zoning By-Law D. Schmidt/Rice Commercial Group 15320 Bayview Avenue, Aurora Part of Lot 81, Concession 1, E.Y.S Files D09-02-05 and D14-11-05 Planning Staff The Director of Planning and Development 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 Director of Planning and Development advised that the subject applications propose a multi-commercial development comprised of 4 commercial buildings which would be zoned for a full range of retail commercial uses including a grocery store, drugstore, restaurants and other commercial and retail uses as well as 365 parking spaces. The Director advised that access would be available by two right-in/right-out access ways, one from Wellington Street East and the other from Bayview Avenue, and an interconnection has also been provided between the site to the north and the subject property. The Director advised that staff recommend that certain uses within the zoning designation be removed from this current application, including, but not limited to; drive through; financial institution; seasonal outdoor sales and day-care uses, as these are not compatible with the area. The Director advised that the applicant has submitted a peer review, which requires further review by staff due to its late arrival, however she advised that it concludes that the proposed discount supermarket use could be introduced on the site with acceptable levels of impact on other facilities. The Director further advised that the study found that the proposed specialty department store typed merchandise would create an unacceptable level of impact. The Director concluded by advising that staff does recommend that a minimum office space requirement be imposed in order to maintain the planned function of the Office Commercial designation for this Secondary Plan area. Applicant/Agent Mr. Michael Rice, partner in the group acquiring the Schmidt Lands, advised that the grading between the property to the north and the subject lands has been worked out, and that the suggested exclusions from the permitted uses within the proposed zoning are fully acceptable. Mr. Rice advised that any of the suggestions and concerns raised by staff are easily resolvable, however he noted that the suggestion that a minimum office space requirement be imposed is not desirable and may have a negative impact on the entire site. As well, he suggested that it may deter some potential tenants from leasing the space. Mr. Rice concluded by requesting that the application be approved with the concessions suggested by staff, and that office space be permitted, but not imposed on this application. Public Comments There were no members of the public in attendance to comment on the application. Special Council – Public Planning Minutes No. 06-17 Page 6 Wednesday, May 24, 2006 The public portion of the meeting closed at 9:05 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Kean THAT the Official Plan Amendment be approved in principle, subject to the resolution of outstanding issues; and THAT approval of the Zoning By-law Amendment be given in concert with the Site Plan Approval; and THAT office space be permitted without a minimum requirement. CARRIED Councillor West left the meeting at 9:25 p.m. 3. PL06-065 - Zoning By-law Amendment Application 2091585 Ontario Inc. 15565 Yonge Street Part of Lot 90, Registered Plan 246 File D14-08-06 Planning Staff The 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 advised that the subject application is for a Zoning By-law amendment to permit a five-storey building containing three commercial units on the first floor and the above floors 2 to 5 will contain a maximum of 15 units consisting of predominantly 2 bedroom suites for residential uses. The Planner advised that the proposal also provides for 34 parking spaces, including 6 in the front yard, and the remainder in the side yard and rear of the property The Planner advised that staff have no objections to the application, however it is required that the applicant submit a traffic impact study Stormwater Management Report, Servicing and Grading Plans to address all issues regarding quality and quantity control of the storm runoff as well as flood plain issues which will be addressed at the Site Plan stage. Applicant/Agent Ms. Helen Lepek, agent on behalf of the applicant, advised that the applicant has been working with staff for several months toward this application. Ms. Lepek advised that the location is very well suited for this use and that she will be available to answer any questions that Council might have. Public Comments Mr. Kurt Fremerey, of 62 Valhalla Court, expressed his concerns regarding the parking provisions for this application, suggesting that the number of spaces should be increased to accommodate the residents of the building as well as staff and clients associated with the commercial portion. Mr. Fremerey expressed concern regarding the handling of storage and removal of garbage and snow, protection of the existing trees in the area and potential for standing water and flooding due to the subject property’s close proximity to a flood plain area. Special Council – Public Planning Minutes No. 06-17 Page 7 Wednesday, May 24, 2006 Ms Susan Melnik, of 66 Valhalla Court, expressed her concern regarding, potential disturbance from lighting and rooftop machinery and regarding the greenbelt behind the subject lands suggesting that the hidden forested area may potentially attract unwanted delinquent behaviour. Mr. John Anderson, of 150 Spruce Street, expressed the opinion that the height of the building is not compatible with the surrounding area and advised that he opposes the application. Mr. Peter Rolling, of 68 Valhalla Court, advised that there is a small creek in the flood plane close to the subject property and he expressed concern that creek will overflow from the snow removal and thawing in the spring. He further expressed concern regarding the stability of the ground in the area. Mr. Bill Zambusi, of 152 Spruce Street, advised that the traffic is already congested in that area and he suggested that this proposed building would aggravate the problem. The public portion of the meeting closed at 9:55 p.m. and Council’s deliberations began. Moved by Councillor Kean Seconded by Councillor Wallace THAT the application be brought back to a further public meeting upon resolution of the major outstanding issues including but not limited to the following: • Parking overflow • Traffic impact • Height of the Building • Snow removal CARRIED IV READING OF BY-LAWS Moved by Councillor Kean Seconded by Councillor Wallace THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4808-06.C BEING A BY-LAW to Confirm Actions by Council Resulting From This Meeting - Wednesday, May 24, 2006. CARRIED V ADJOURNMENT Moved by Councillor Kean THAT the meeting be adjourned at 10:05 p.m. CARRIED