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MINUTES - Special Council - 20120523-------~--·--------------···-------- ~;--=~ AUR..ORA THE TOWN OF AURORA SPECIAL COUNCIL-PUBLIC PLANNING MEETING MINUTES ATTENDANCE COMMITTEE MEMBERS MEMBERS ABSENT OTHER ATTENDEES Council Chambers Aurora Town Hall Wednesday, May 23, 2012 Mayor Dawe in the Chair; Councillors Abel, Ballard (arrived 7:05 p.m.), Buck, Gaertner, Gallo, Humfryes (arrived 7:13p.m.), Pirri, and Thompson None Director of Planning and Development Services, Planner, Planner, Manager of Legislative Services/Deputy Clerk, and Council/Committee Secretary Mayor Dawe 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 Abel Seconded by Councillor Buck THAT the agenda as circulated by the Customer and Legislative Services Department, with the following addition, be approved: >-Correspondence from Helen Lepek, Lepek Consulting Inc. Re: Additional Information Re: Item 2-PL 12-024-Applications to Amend the Official Plan and Zoning By-law Alan and Janet Grills 720 Wellington Street West Block 55, 65M-2660 and Part of Lot 2, Registered Plan 379A Files: 009-03-11 and 014-14-11 CARRIED Ill PLANNING APPL/CA TIONS Mayor Dawe outlined the procedures that would be followed in the conduct of the public meeting. The Deputy Clerk confirmed that the 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 respecting Item 1. ~~~----------~------ Special Council-Public Planning Meeting Minutes Wednesday, May 23, 2012 Page 2 of 5 1. PL 12-023-Application to Amend the Zoning By-law The Bungalow Inc. 78 Wellington Street East File: 014-04-12 Planning Staff The Planner, Mr. Marty Rokos, provided a description of the application and reviewed the contents of the staff report. He advised· that the applicant has applied for a Zoning By-law amendment for the subject lands located at 78 Wellington Street East to allow for office use in a residential (R5) zone. Mr. Rokos reviewed the surrounding land uses and proposed site development and noted that the dwelling is a Heritage listed house. He advised that a preliminary review by staff has identified several matters to be addressed and staff will undertake a technical review of the subject applications addressing the outlined matters, as well as any comments received from the public and Council raised at the Public Planning meeting. Mr. Rokos stated that a comprehensive report with recommendations and options will be presented to Council for consideration and direction at a future General Committee meeting. Applicant/Agent Mr. Gary Templeton, of Templeton Planning Ltd. and agent for the applicant, addressed the matter of parking spaces on the subject lands and noted that the proposal meets the requirement for parking as calculated per the new standards in the new Official Plan, adding that the traffic consultant's report was positive with respect to the functioning of the site for office use. He advised that the owners have indicated they will support the designation of the property under the Ontario Heritage Act. Mr. Templeton concluded by noting that this type of conversion to office use of former residential properties has occurred a number of times along Wellington Street and it was his opinion that this facilitates older structures as they are often better maintained as office spaces than as residential. Public Comments No members of the public came forward. Moved by Councillor Ballard Seconded by Councillor Pirri THAT report PL 12-023 for the Application to Amend the Zoning By-Law, File D14-04-12, The Bungalow Inc., be received; and THAT comments presented at the Public Planning meeting be addressed by the Planning and Development Services Department in a comprehensive report outlining recommendations and options at a future General Committee meeting. CARRIED 2. PL 12-024-Applications to Amend the Official Plan and Zoning By-Law Alan and Janet Grills 720 Wellington Street West Block 55, 65M-2660 and Part of Lot 2, Registered Plan 379A Files: 009-03-11 and 014-14-11 Special Council-Public Planning Meeting Minutes Wednesday, May 23, 2012 Page 3 of 5 Planning Staff The Director of Planning and Development Services noted that the first statutory Public Planning meeting for the subject applications was held on February 22, 2012 where Council directed staff to report back with a full report to a further Public Planning meeting. Public Comments Mr. Ernie Springolo, resident of 20 Marksbury Court, expressed his objection to the proposal for an Official Plan amendment to allow vehicular access to Marksbury Court from a lot that fronts on Wellington Street West and noted that a similar proposal was rejected by Council in November 1993. He expressed concerns regarding removal of the safety barrier guardrail, grade differential, safe exit from the proposed driveway, tree removal, inadequate lot frontage, and possible future zoning changes and development which could affect the nature of the area. Moved by Councillor Buck Seconded by Councillor Gaertner THAT the Procedural By-law be waived to allow the resident to continue his commentary beyond the five minutes prescribed by the By-law. CARRIED Mr. Springolo expressed further concerns regarding property values, traffic and pedestrian safety, and he requested that Council reject this proposal. The meeting was recessed at 7:31 p.m. and reconvened at 7:41 p.m. The following residents also addressed Council with similar and further concerns regarding the subject applications including: the selling and purchase of Blocks 51, 52, 53, and 55, driveway width and elevation, retaining wall, drainage, previously added fill, and the destabilizing and/or stabilizing effects on the neighbourhood. Mr. Carl Noll, resident of 16 Marksbury Court Ms Lisa Berni, resident of 678 Wellington Street West Ms Wendy Hamilton, resident of 22 Marksbury Court Ms Patti O'Neill, resident of 20 Marksbury Court Mr. Chris Machin, resident of 8 Marksbury Court Mr. Ross Tripp, resident of 704 Wellington Street West Ms Joanne Rizzi, resident of 38 Wellington Heights Court Ms Stephanie Springolo, resident of 20 Marksbury Court Ms Stephanie Nicolo, resident of 9 Marksbury Court ApplicanUAgent Ms Helen Lepek, Lepek Consulting Inc., responded to the concerns raised by the residents and noted that her letter dated May 9, 2012 contained no new information from what was presented at the Public Planning meeting of February 22, 2012. She addressed the issues of drainage, driveway elevation and width, grade differential, and retaining wall. Ms Lepek noted that this application is a different proposal than the application submitted in 1993 and it was her opinion that the addition of the proposed house would not destabilize or devalue the neighbourhood. She added that consideration had been given to minimize the impacts to trees and grading and environmental studies had been completed. Special Council-Public Planning Meeting Minutes Wednesday, May 23, 2012 Page 4 of 5 Main Motion Moved by Councillor Pirri Seconded by Councillor Gallo THAT report PL 12-024 be received; and THAT Application to amend the Official Plan File D09-03-11 (Alan and Janet Grills} be approved to amend the Suburban Residential policies on the subject lands to permit the future creation of one residential lot fronting Marksbury Court and to reduce the lot area minimums; and THAT Application to amend the Zoning By-law File D14-14-11 (Alan and Janet Grills) be approved to rezone the subject lands from "Holding (H) Zone" to a site specific "Detached Dwelling Second Density (R2) Zone" and "Detached Dwelling First Density Residential (R1) Zone" to permit the future creation of one residential lot fronting Marksbury Court and to permit the existing residential lot; and THAT (2) two units of servicing capacity be allocated to the Official Plan Amendment application Zoning By-law application Files D09-03-11 and D14-14-11; and THAT subject to Committee of Adjustment approval for consent to sever and cross servicing easements, Council authorize the Mayor and Clerk to execute a Development Agreement in satisfaction of any related conditions of approval, together with any other ancillary agreements to give effect to same; and THAT By-laws to adopt the Official Plan Amendment and approve .the implementing Zoning By-law Amendment be presented at a future Council meeting for enactment. Amendment Moved by Councillor Pirri Seconded by Councillor Gallo THAT an easement be added to the site plan to ensure that no road is ever constructed from Wellington Street West through to Marksbury Court. DEFEATED On a recorded vote the main motion was DEFEATED. YEAS:3 VOTING YEAS: VOTING NAYS: IV READING OF BY-LAW NAYS: 6 Councillors Pirri, Gallo, and Mayor Dawe Councillors Abel, Ballard, Buck, Gaertner, Humfryes, and Thompson Moved by Councillor Abel Seconded by Councillor Buck THAT the following listed by-law be given first, second, and third readings and enacted: 5435-12 BEING A BY-LAW to Confirm Actions by Council Resulting from Special Council-Public Planning meeting on May 23, 2012 CARRIED Special Council-Public Planning Meeting Minutes Wednesday, May 23, 2012 Page 5 of 5 V ADJOURNMENT Moved by Councillor Abel Seconded by Councillor Ballard THAT the meeting be adjourned at 9:40 p.m. CARRIED CINDY JANZEN, DEPUTY CLERK THE MINUTES OF THE SPECIAL COUNCIL -PUBLIC PLANNING 1 MEETING OF MAY 23, 2012 RECEIVED FINAL APPROVAL AT COUNCIL ON JUNE 1f, 2012.