MINUTES - Special Council - 20070627 TOWN OF AURORA
SPECIAL COUNCIL – PUBLIC PLANNING MEETING
MINUTES
NO. 07-17
Council Chambers
Aurora Town Hall
Wednesday, June 27, 2007
ATTENDANCE
COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins-
Mrakas, Gaertner, Granger, MacEachern, Marsh,
McRoberts and Wilson
MEMBERS ABSENT None
OTHER ATTENDEES Director of Planning, Policy Planner, Acting Planner,
Administrative Co-ordinator/Deputy Clerk and Council/
Committee Secretary
The Mayor called the meeting to order at 7:20 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 Gaertner Seconded by Councillor Granger
THAT the agenda as circulated by the Corporate Services Department be
approved as presented.
CARRIED
III PLANNING APPLICATIONS
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 in
accordance with the relevant provisions of the Planning Act.
Special Council – Public Planning Minutes No. 07-17 Page 2
Wednesday, June 27, 2007
1. PL07-087 - Zoning By-law Amendment Application
Robert Delcourt and Rui Chan Lin
268 Kennedy Street West
Part Lot 79, Concession 1 King,
Part 4, 65R-27428
File D14-05-07
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
the subject and surrounding lands. The Planner advised that this application f to
amend the zoning on the subject lands was submitted to permit a 3 lot, infill
residential development and that the subject rezoning application is in keeping
with the objectives and policies contained within the Official Plan. The Acting
Planner also advised that the site specific zoning by-law would include building
setbacks and lot coverage to ensure compatibility with the surrounding
neighbourhood and that, as a condition of severance, the applicant will be
required to enter into a Development Agreement with the Town to ensure that the
lands will be developed in accordance with the tree preservation and municipal
engineering standards and their compliance with the Implementing By-law.
The Acting Planner advised that staff and outside parties have no objection to the
subject application, therefore it is recommended that, should Council determine
there is merit in the proposal and subject to public comments received, Council
approve the application in principle subject to the approval of a consent
application.
Applicant/Agent
Mr. David Amborski, consultant on behalf of the resident addressed Council to
advise that the applicant fully concurs with the recommendations and content of
the staff report, and he advised that he would be available to answer questions
and assist in any way possible through the deliberations on this matter.
Public Comments
There were no members of the public in attendance to comment on the
application.
The public portion of the meeting closed at 7:40 p.m. and Council’s deliberations
began.
Moved by Councillor MacEachern Seconded by Councillor Wilson
THAT Council approve the application in principle subject to approval by
the Committee of Adjustment for the severance of the 3 lots; and
THAT the applicant be required to enter into a development agreement
with the Town of Aurora and that issues raised in the report be addressed
through that process, including, but not limited to the following:
THAT a minimum disturbance in land form character, design and
construction be maintained through the best management
practices; and
THAT the condition of approval of the future severance application
be subject to an exterior design of the proposed dwellings as
approved by the Community Planner to ensure compatibility with
the neighbouring homes; and
Special Council – Public Planning Minutes No. 07-17 Page 3
Wednesday, June 27, 2007
THAT tree preservation measures be implemented during the
development of the lots to ensure the protection and viability of the
hedgerow vegetation; and
THAT the owner agrees to fulfill the Kennedy Street cost sharing
agreement obligations prior to the execution of the development
agreement; and
THAT a permit for the decommissioning of the septic system be
required.
CARRIED
2. PL07-065 – Official Plan Amendment and Zoning By-law Amendment
Drive-Through Policies & By-law Provision Additions
Files D09-01-07 & D14-06-07
Planning Staff
The Policy Planner advised that, in order to address development pressures
related to drive-through facilities adjacent to residential uses, staff are initiating
official plan and zoning by-law amendments that are intended to better regulate
the integration of these uses, identify areas where drive-through facilities should
be prohibited all together and develop policies and by-law provisions with respect
to facility design, mitigation measures and vehicle stacking. The Policy Planner
advised that staff are recommending a minimum distance separation between
drive-through facilities and residential land of 30 metres and that the Town’s
Official Plan Amendment No. 66, which currently prohibits drive-through
restaurants in the Town’s “Historic Core,” be extended to include the prohibition
of all drive-through facilities in the “Historic Core,” as they are not compatible with
the pedestrian oriented setting.
The Policy Planner advised that, when a similar policy was initiated in Toronto,
the 30 metre distance separation was challenged by various appellants and the
Ontario Municipal Board (OMB) decision upheld the proposed 30 metre distance
separation.
The Policy Planner concluded by advising that Council has received a number of
recommendations in this report and have also been made aware of some of the
stacking and design requirements being used in other municipalities and that
staff are seeking clear direction from Council on which provisions they believe
would be beneficial for the inclusion in the implementing documents.
Applicant/Agent
There is no outside applicant this is a Town generated application.
Public Comments
Mr. Maurice Luchich, project Manager for Tim Horton’s Restaurants, addressed
Council to express his support for the application and advised that there are
similar initiatives being considered at the Tim Horton’s head office in order to
improve efficiency to insure customer satisfaction. Mr. Luchich expressed
concern with regard to the 30 metre distance from all abutting residential
properties and advised that this is an excessive amount of land for an
establishment to sacrifice, suggesting that it could deter many drive-through
establishments from choosing to locate in Aurora. Mr. Luchich requested that the
set-back distance be reviewed and reduced where possible.
Special Council – Public Planning Minutes No. 07-17 Page 4
Wednesday, June 27, 2007
The public portion of the meeting closed at 9:10 p.m. and Council’s deliberations
began.
Moved by Councillor MacEachern Seconded by Councillor Wilson
THAT staff continue to pursue amendments to the Official Plan and
Zoning By-law with respect to Drive-Through Policies & By-law Provision
and that the following points be considered:
Urban design guidelines be considered as a means of imposing
form and function of drive-through establishments;
The number of stacking lanes be specified;
Multiple windows be further considered;
30 metre setbacks be further considered and adjusted by staff, if
deemed appropriate;
Prohibition of all drive-through establishments on Yonge Street;
Car washes be included in the definition of drive-through
establishments;
Prohibition of all drive-through establishments in the Historic Core;
Further consideration be given to address drive-through
establishments in plaza settings on Yonge Street;
THAT staff consult with the Aurora Chamber of Commerce and continue
to gather input as the process evolves; and
THAT the draft policy be presented to the Economic Development
Committee for review and input.
CARRIED
XIV CLOSED SESSION
Moved by Councillor Collins-Mrakas Seconded by Councillor MacEachern
THAT the rules of procedure be suspended to permit Council to convene
into a closed session to address the closed session to discuss personal
security of property, property and legal matters, which were deferred from
the June 26, 2007 Council meeting.
On a recorded vote the resolution was CARRIED UNANIMOUSLY
YEAS: 9 NAYS: 0
VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, Granger,
MacEachern, Marsh, McRoberts, Wilson and Mayor Morris
VOTING NAYS: None
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Wednesday, June 27, 2007
3. Legal, Property, Security of Property and Personal Matters
Moved by Councillor Collins-Mrakas Seconded by Councillor MacEachern
THAT Council convene into a Closed Session to consider legal, property,
security of property and personal matters.
CARRIED
Council recessed at 9:23 p.m.
Council reconvened in public session at 10:25 p.m.
4. Resolution from the Closed Session of June 27, 2007
Re: Personal Matter of an Identifiable Individual - Appointment of Citizens
to the Graffiti Abatement Ad Hoc Committee
Moved by Councillor Collins-Mrakas Seconded by Councillor Granger
THAT, in accordance with the terms of reference of the ad hoc committee,
the following people be appointed to the Graffiti Abatement Ad Hoc
Committee:
Allan Church, Michael Evans, Jane Hinder and Kim Rogers.
CARRIED
Councillor Gaertner returned to the meeting at 10:26 p.m.
IV READING OF BY-LAWS
Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas
THAT the following listed by-law be given 1st, 2nd and 3rd readings, and
enacted:
4932-07.C BEING A BY-LAW to Confirm Actions by Council
Resulting From Meeting 07-17 on Wednesday, June 27,
2007.
CARRIED
V ADJOURNMENT
Moved by Councillor McRoberts
THAT the meeting be adjourned at 10:27 p.m.
CARRIED
__________________________________ ______________________________
PHYLLIS M. MORRIS, MAYOR KAREN EWART, DEPUTY CLERK
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