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AGENDA - Public Planning - 20210413Town of Aurora Council Public Planning Meeting Agenda Date:Tuesday, April 13, 2021 Time:7 p.m. Location:Video Conference Pages 1.Procedural Notes This meeting will be held electronically as per Section 19. i) of the Town's Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation. 2.Approval of the Agenda 3.Declarations of Pecuniary Interest and General Nature Thereof 4.Planning Applications 4.1.PDS21-033 - Town Initiated Housekeeping Amendment to Comprehensive Zoning By-Law 6000-17 1 That Report No. PDS21-033 be received; and1. That comments presented at the Public Meeting be addressed by Planning and Development Services in a report to a future General Committee meeting. 2. 5.Confirming By-law 5.1.XXXX-20 Being a By-law to Confirm Actions by Council Resulting from a Council Public Planning Meeting of April 13, 2021 16 6.Adjournment 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Public Planning Report No. PDS21 -033 Subject: Town Initiated Housekeeping Amendment to Comprehensive Zoning By-Law 6000-17 Prepared by: Edward Terry, RPP, MCIP, Senior Policy Planner Department: Planning and Development Services Date: April 13, 2021 Recommendation 1. That Report No. PDS21-033 be received; and, 2. That comments presented at the Public Meeting be addressed by Planning and Development Services in a report to a future General Committee meeting. Executive Summary This report seeks to present a Town initiated zoning By-law amendment for general housekeeping purposes. In addition to the implementation of a landscape strip, staff have identified a number of minor amendments to the Town’s Comprehensive Zoning By-law (see Figure 1).  A landscape strip for all Zones is proposed for the purposes of tree planting and supporting soil volume.  Increasing the maximum driveway width in Employment zones to safely accommodate truck turning movements where there are two driveways planned for access.  The Comprehensive Zoning By-law requires an approach for rounding up or down of numbers to provide consistent interpretations.  Enabling staff to correct minor technical errors without having to undertake a Zoning By-law Amendment. Page 1 of 16 April 13, 2021 2 of 6 Report No. PDS21-033 Background Section 34 of the Planning Act grants municipalities the power to pass a Zoning By-Law as well as subsequent amendments to the document. Finding technical issues within a comprehensive Zoning By-Law is not unusual or uncommon. The intent of regular housekeeping amendments is to implement technical updates to the document to address minor issues or discrepancies, and ensure that the policies of the Official Plan and Province plans are effectively implemented. In September 2020, Planning & Development Services staff received direction to present a Town initiated amendment to the Comprehensive Zoning By-Law to implement the requirement for a landscape strip for all zones as required for the purposes of tree planting and supporting soil volume. In February 2021, Planning & Development Services staff received further direction to proceed with a statutory public meeting to present Housekeeping Amendments to the Zoning By-law. Analysis Since the implementation of the Comprehensive Zoning By-law 6000-17 in 2017, staff have strived to ensure the document is monitored so that it remains current and relevant, implementing any corrections in a timely manner. This report deals with the following amendments: Introducing a required landscape strip for all Zones for the purposes of tree planting and supporting soil volume Staff conducted a municipal scan of seven GTA municipalities regarding landscape strip standards (see Figure 2). Based on that review, a 3 metre landscaping strip was the most common standard found. Staff are proposing the following revisions to the Town’s Zoning By-law:  A minimum 3 metre wide continuous landscaping strip on the front and side lot line of any lot that has a frontage of 15 metres or more. For lots with a frontage of less than 15 metres, a minimum 2 metre wide continuous landscaping strip is proposed on the front and side lot line.  Where the rear lot line of any lot in a non-residential zone abuts a lot in a Residential Zone, a minimum 3 metre wide continuous landscaping strip is proposed along the abutting lot line of the lot. Page 2 of 16 April 13, 2021 3 of 6 Report No. PDS21-033  Properties with a zero front yard or side yard requirement are exempt from providing a landscape strip. Increasing the maximum driveway width in Employment zones to safely accommodate truck turning movements where there are two driveways planned for access In reviewing a number of site plans for new buildings in the Addison Hall employment area over the past year, applicants were required to apply for a minor variance to increase the maximum driveway width to safely accommodate truck turning movements where there are two driveways planned for access. To avoid delays in processing applications and to facilitate the safe movement of larger vehicles, staff are proposing that driveways exclusively serving a loading space or serving a building in an Employment Zone may have one or more one-way lanes. Each lane is to have a minimum width of 3.5 meters and a maximum width of 6.5 meters. The minimum and maximum width of the driveway will be measured at the street line. The Zoning By-law needs a methodology for rounding up or down of numbers to provide consistent interpretations The Town initiated zoning amendment proposes the following methodology for rounding:  For a provision shown as a whole number (for example 220), the rounding digit is the first whole number left of the decimal place.  For a provision shown to the first decimal place (for example 3.0), the rounding digit is the first digit right of the decimal place.  For a provision shown to the second decimal place (for example 3.50), the rounding digit is the second digit right of the decimal place. Enabling staff to correct minor technical errors without having to undertake a Zoning By- law Amendment Provided that the purpose, effect, intent, meaning and substance of this By-Law are no way affected, the following minor technical revisions to this By-Law are proposed to be permitted without a zoning amendment: Page 3 of 16 April 13, 2021 4 of 6 Report No. PDS21-033  Changes to the numbering, cross-referencing, format and arrangement of the text, tables, schedules and maps;  Additions to and revisions of technical information on maps and schedules including, but not limited to: infrastructure and topographic information, notes, legends, shading and title blocks;  Alterations of punctuation or language; and,  Correction of grammatical, dimensional, boundary, mathematical or typographic errors. Advisory Committee Review Not applicable. Legal Considerations Even though the amendments detailed in this report are being initiated by the Town, the Planning Act requires Council to hold at least one public meeting for the purpose of giving the public an opportunity to make representations in respect of the proposed amendments. Any person or public body who makes oral submissions at the public meeting may appeal any amendment to the zoning by-law, once it is adopted by Council. Financial Implications There are no financial implications. Communications Considerations The Town will use “inform” as the level of engagement for this meeting. The meeting will be publicized through the Town’s website as well as through social media and the local newspapers, in accordance with past practice. The Town will also reach out to those who have registered on Engage Aurora to participate in the Official Plan review process to ensure that those interested stakeholders are provided with the information regarding the meeting and have the opportunity to participate. Page 4 of 16 April 13, 2021 5 of 6 Report No. PDS21-033 Link to Strategic Plan While the Zoning By-law amendment process supports all of the Goals and Objectives of the Town’s Strategic Plan in some fashion, the most relevant goals are: supporting an exceptional quality of life for all and enabling a diverse, creative and resilient economy. The relevant supporting objectives include: Strengthening the fabric of our community and promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business. Alternative(s) to the Recommendation 1. That Council provide direction. Conclusions Staff are proposing a Town initiated housekeeping amendment to the Comprehensive Zoning By-Law to implement landscape strips in all zones and to also address a number of minor revisions. The proposed housekeeping amendment will help ensure that the Zoning By-law remains relevant and implements the intent of Town’s Official Plan. Attachments Figure 1 – Proposed Housekeeping Amendments to the Zoning By-law Figure 2 – Municipal Policy Scan of Landscape Strips Figure 3 – Draft Zoning By-law Amendment Previous Reports General Committee Report No. PDS21-002, Town Initiated Housekeeping Amendment to Comprehensive Zoning By-Law 6000-17, dated, February 2, 2021. General Committee Operations Report No. OPS20-013, Review of Urban Forest Study & Associated Forestry Policies, dated, September 8, 2020. Pre-submission Review Agenda Management Team review on April 1, 2021 Page 5 of 16 April 13, 2021 6 of 6 Report No. PDS21-033 Approvals Approved by David Waters, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 6 of 16 Proposed Housekeeping Amendments to the Zoning By-law Explanation Section Existing By-law Proposed Revision Staff Comments Introduce a required landscape strip width for all Zones. 4.8 4.8 Landscaping Strip Any Lot on lands zoned Commercial, Employment, Institutional or Multiple Residential (more than four dwelling units per Lot) that is adjacent to any Residential Zone shall require a Landscaping Strip in accordance with the following provisions: Location: The Landscaping Strip be located adjacent to the entire length of any property line which abuts a Residential Zone, which is either: a) 3 metres in width containing an earth Berm having a maximum slope of 3:1 where upon there is a 1.5 metre wide planting strip consisting of suitable trees and shrubs; -or - b)A Landscaping Strip 1.5 metres in width containing an opaque fence with a minimum height of 1.5 metres. c)Access ramps or Driveways shall be permitted to cross such Landscaping Strips. 4.8 Landscaping Strip A minimum 3.0 metre wide continuous landscaping strip is required on the side lot line of any lot that has a frontage of 15 metres or more. A minimum 2 metre wide continuous landscaping strip is required on the side lot line of any lot that has a frontage of less than 15 metres. Where the rear lot line of any lot in a non-residential zone abuts a lot in a Residential Zone, a minimum 3.0 metre wide continuous landscaping strip shall be provided along the abutting lot line of the lot Access ramps or Driveways shall be permitted to cross such landscaping strips. It might help to have the 3m requirement based on a min property size. Leaving all of it to site plan means we may get the landscaping or we may not – in instances where we really want it, it should be a by-law requirement. Another option for smaller lots would be to require a 1.5m landscape strip along shared lot lines (interior side and rear yard) so that cumulatively a 3m landscape strip is provided. I think the intent is have the 3.0 meter landscaping buffer against all properties regardless of its zoning designation. I think your last comment in the ‘Staff Comments’ section is critical. The landscape strips need to be there at all property boundaries regardless of the zoning designation, not just for residential properties. Not sure about the minimum property size you are suggesting. We need to have the space for property line plantings regardless of the property size. We need to address the definition of the landscape strip to include an “un- obstructed width solely for supporting tree plantings and soil volumes”. The problem now is that if there is a retaining wall or other hard surface landscaping within the strip it takes away from the space needed for tree plantings. Worst case scenario is where the retaining wall needs geotextile tie-backs which completely prevents plantings behind the wall. The maximum driveway width in the Zoning By-law is not 5.5.4 5.5.4 Ingress and Egress: 5.5.4 Ingress and Egress The proposed wordings are acceptable. I agree that radius should Attachment 1 Page 7 of 16 large enough for Employment uses. The following requirements will apply to all Parking Areas and lots except those serving 4 or less dwelling units. a) Ingress and egress, to and from required Parking Spaces and areas shall be provided by means of unobstructed Driveways or passage ways at a minimum of four (4) metres and a maximum of nine (9) metres in width; b) The maximum width of any joint ingress and egress Driveway measured along the Street Line shall be nine (9) metres; c) The minimum interior angle of intersection between a Driveway and a Street Line shall be sixty (60) degrees; d) Driveways shall not exceed two (2) in number and shall be a width of seven decimal five (7.5) metres at both Street Line and edge of pavement; The following requirements will apply to all Parking Areas and lots except those serving 4 or less dwelling units. a) Driveways serving buildings shall not exceed two (2) in number per lot; b) Ingress and egress, to and from required Parking Spaces and areas shall be provided by means of unobstructed Driveways; c) Driveways may cross a required yard or a required Landscaping/Landscape Strip; d) Driveways exclusively serving a loading space or serving a building in an Employment Zone may have one or more one-way lanes. Each lane shall have a minimum of 3.5 meters and a maximum width of 6.5 meters; e) Driveways for all other uses may have one or more one-way lanes. Each lane shall have a minimum width of 3.5 meters and a maximum width of 4.5 meters; f) The interior angle of intersection between a Driveway and a Street Line shall not be less than sixty (60) degrees; g) The minimum and maximum width of the Driveway shall be measured along the Street line. be included as part of engineering specification and not ZBL. Trucks including fire need the radii so there it is not possible to have a larger width. For industrial the by law should be written so that the width is not described at the road but at the sidewalk or p/l, that way the engineering standard will work. EMS always looks at the radii to insure their large trucks can turn in. Two way lanes should be allowed. Item g) should always be street line no matter the driveway angle. Typically zoning standards only apply at the property line or within property lines and not to the portion that extends to municipal land. I do see having the regulation for a driveway width the same at the street line as the curb line for residential low density residential properties. It would increase the amount of on street parking for the neighbourhood. But for Industrial properties it won’t work. The Zoning By-law needs a methodology for rounding up or down of numbers to provide consistent interpretations New General Provision N/A 1.12 ROUNDING Unless otherwise stated, the following shall apply in determining the rounding digit: For a provision shown as a whole number (e.g. 220), the rounding digit is Page 8 of 16 the first whole number left of the decimal place. For a provision shown to the first decimal place (e.g. 3.0), the rounding digit is the first digit right of the decimal place. For a provision shown to the second decimal place (e.g. 3.50), the rounding digit is the second digit right of the decimal place. For a provision that is calculated by multiplying or dividing by a percent or a ratio or by averaging two or more numbers, or for a provision where no explicit numerical value is provided, the provision shall be rounded to the first decimal place and the rounding digit is the first digit right of the decimal place. Allowing staff to correct technical errors without having to undergo a full Zoning By-law amendment New General Provision N/A 1.13 TECHNICAL REVISIONS Provided that the purpose, effect, intent, meaning and substance of this By-law are no way affected, the following technical revisions to this By- law are permitted without a zoning amendment: a) Changes to the numbering, cross- referencing, format and arrangement of the text, tables, schedules and maps; b) Additions to and revisions of technical information on maps and schedules including, but not limited to: infrastructure and topographic information, notes, legends, shading and title blocks; c) Alterations of punctuation or language; and d) Correction of grammatical, dimensional, boundary, mathematical or typographic errors. Page 9 of 16 Landscape Strips – Municipal Policy Scan Municipality Policy Direction regarding Landscape Strips Ajax Landscaped buffers shall be required in the Commercial, Mixed Use and Employment Zones. Ranges from 3m to 4.5 adjacent to Residential or Open Space. Where a landscaped buffer is required on a lot, such portion of the lot shall not be used for any other purpose. Adjacent to Highway No. 401 – 15m Adjacent to Arterial Roads – 9m Adjacent to Collector Roads – 6m Adjacent to Local Roads – 3m Within all Downtown Central Area Zones, landscaped buffers shall be required. Ranging from 3 – 6m. Newmarket A landscaped buffer area shall be required for parking lots designed to accommodate 5 or more parking spaces, within any Downtown, Urban Centre, Employment, Commercial, Institutional, Open Space or Residential Four (R4) or Residential Five (R5) Zone. 3m In all Employment Zones, landscape buffers shall be provided adjacent to street lines except for land used to accommodate vehicular access to and permitted parking on the lot. Front Yard – 12m, Exterior Side and Rear Yard – 3m. Where the rear lot line or interior side lot line of a commercial, industrial, or institutional use abuts a residential use, a landscaped buffer shall be required. The minimum required width of a landscaped buffer shall be 6 metres for an industrial use and 3 metres for an institutional or commercial use. Vaughan Where an Institutional Use or Commercial Use abuts the boundary of lands zoned Open Space or Residential, a strip of land not less than 2.4 metres in width, contained wholly on the lot on which the Institutional Use is located and abutting the boundary of the Open Space or Residential Zone, shall be used for no other purpose than landscaping. Such landscaped area shall not be included in the computing of the minimum landscaping requirements as set out above. In addition, a strip of land not less than 6.0 metres in width shall be provided along a lot line which abuts a street line, and shall be used for no other purpose than landscaping. This shall not prevent the provision of access driveways across the said strip. Where an Employment Area Zone abuts the boundary of lands zoned Open Space or Residential, a strip of land not less than 7.5 metres in width and inside the Employment Area Zone and abutting its boundary, shall be used for Attachment 2 Page 10 of 16 no purpose other than landscaping. Such landscaped area shall not be used in computing the minimum landscaping requirements as set out in Subsection 6.1.6 c) of this By-law. Barrie Where any lot in a non-residential zone abuts a lot in a Residential Zone, a continuous landscaped buffer area of a minimum width of 3m shall be provided along the abutting lot line of the lot, and a continuous tight board fence with a minimum height of 2m is to be constructed along the lot line, with the exception of the Education Institutional Zone (I-E). Where any lot in an Industrial Zone abuts a lot in a Commercial, Institutional, Open Space or Environmental Protection Zone, a continuous landscaped buffer area of a minimum width of 3m shall be provided along the abutting lot line of the lot. Where any lot abuts Highway 400 a continuous landscaped buffer area of a minimum width of 9m shall be provided along the lot line. Bradford West Gwillimbury A 3.0 metre-wide planting strip abutting the full length of the applicable lot line(s) shall be required: - Where a lot in an Institutional, Commercial, Employment or Open Space Recreational (OSR) Zone abuts an interior side or rear lot line of a lot in any Residential Zone (some exceptions) - Where a lot zoned Residential Three (R3) abuts a lot in a Residential One (R1), Residential Two (R2) or Rural Settlement Area Residential (R4) Zone; - Along a street line where parking areas are located adjacent to a street; and, - Abutting all public streets having a width of 10.0 metres or greater in all zones (some exceptions) A 7.5 metre-wide planting strip abutting the full length of the applicable lot line shall be required Where a community centre, long term care facility, nursing home, private school, public school or retirement home abuts an interior side or rear lot line of a lot in any Residential Zone. East Gwillimbury A minimum 3.0 metre wide planting strip abutting the full length of a lot line is required on a lot in any Mixed Use, Institutional, Commercial or Employment Zone that abuts an interior side or rear lot line of a lot in any Residential Zone. Markham 3.0 metres, if the interior side or rear lot line of neighbourhood commercial zones abuts a Residential or Open Space Zone. 6.0 metres, for the front and exterior side lot lines of Major commercial zones and 3.0 metres for interior and rear lot lines 6.0 metres, for the front and exterior side lot lines of Employment zones and 3.0 metres for interior and rear lot lines Minimum width of landscaping adjacent to the interior and rear lot lines for Automotive Zones. Page 11 of 16 The Corporation of the Town of Aurora By-law Number XXXX-XX Being a By-law to amend By-law Number 6000-17, as amended, to make a number of housekeeping and technical corrections Whereas under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”), zoning by-laws may be passed by the councils of local municipalities to prohibit and regulate the use of land, buildings and structures; And whereas the Council of the Town deems it necessary and expedient to further amend the Zoning By-law; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. Section 4.8 of the Zoning By-law be and is hereby amended as follows: Any Lot on lands zoned Commercial, Employment, Institutional or Residential shall require an un-obstructed Landscaping Strip solely for supporting tree plantings, shrubs, flowers, grass or other such vegetative elements in accordance with the following provisions: a)A minimum 3.0 metre wide continuous landscaping strip is required on the front and side lot line of any lot that has a frontage of 15 metres or more. b)A minimum 2 metre wide continuous landscaping strip is required on the front and side lot line of any lot that has a frontage of less than 15 metres. c)Notwithstanding section 4.8 a) and b) properties with a zero front yard or side yard requirement are exempt from providing a landscape strip. d)Where the rear lot line of any lot in a non-residential zone abuts a lot in a Residential Zone, a minimum 3.0 metre wide continuous landscaping strip shall be provided along the abutting lot line of the lot. e)Access ramps or Driveways shall be permitted to cross such landscaping strips. 2.Section 5.5.4 of the Zoning By-law be and is hereby amended as follows: The following requirements will apply to all Parking Areas and lots except those serving 4 or less dwelling units. a)Driveways serving buildings shall not exceed two (2) in number per lot; b) Ingress and egress, to and from required Parking Spaces and areas shall be provided by means of unobstructed Driveways; c)Driveways may cross a required yard or a required Landscaping/Landscape Strip; d) Driveways exclusively serving a loading space or serving a building in an Employment Zone may have one or more one-way lanes. Each lane shall have a minimum of 3.5 meters and a maximum width of 6.5 meters; Attachment 3 Page 12 of 16 By-law Number XXX-XX Page 2 of 4 e) Driveways for all other uses may have one or more one-way lanes. Each lane shall have a minimum width of 3.5 meters and a maximum width of 4.5 meters; f) The interior angle of intersection between a Driveway and a Street Line shall not be less than sixty (60) degrees; g) The minimum and maximum width of the Driveway shall be measured along the Street line. 3. The Zoning By-law be and is hereby amended to add the following: 1.12 ROUNDING Unless otherwise stated, the following shall apply in determining the rounding digit: a) For a provision shown as a whole number (e.g. 220), the rounding digit is the first whole number left of the decimal place. b) For a provision shown to the first decimal place (e.g. 3.0), the rounding digit is the first digit right of the decimal place. c) For a provision shown to the second decimal place (e.g. 3.50), the rounding digit is the second digit right of the decimal place. For a provision that is calculated by multiplying or dividing by a percent or a ratio or by averaging two or more numbers, or for a provision where no explicit numerical value is provided, the provision shall be rounded to the first decimal place and the rounding digit is the first digit right of the decimal place. 4. The Zoning By-law be and is hereby amended to add the following: 1.13 TECHNICAL REVISIONS Provided that the purpose, effect, intent, meaning and substance of this By-law are no way affected, the following technical revisions to this By-law are permitted without a zoning amendment: a) Changes to the numbering, cross-referencing, format and arrangement of the text, tables, schedules and maps; b) Additions to and revisions of technical information on maps and schedules including, but not limited to: infrastructure and topographic information, notes, legends, shading and title blocks; c) Alterations of punctuation or language; and d) Correction of grammatical, dimensional, boundary, mathematical or typographic errors. 5. This By-law shall come into full force subject to compliance with the provisions of the Planning Act and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. Page 13 of 16 By-law Number XXX-XX Page 3 of 4 Enacted by Town of Aurora Council this XXth day of XXXXX, 2021. ___________________________________ Tom Mrakas, Mayor ___________________________________ Michael de Rond, Town Clerk Page 14 of 16 By-law Number XXX-XX Page 4 of 4 Explanatory Note Re: By-law Number XXXX-XX By-law Number XXXX-XX has the following purpose and effect: To amend By-law Number 6000-17, as amended, being the Zoning By-law in effect in the Town of Aurora, to introduce a required landscape strip width for all Zones, to ensure the maximum driveway width in the Zoning By-law is large enough for Employment uses, to add a methodology for rounding up or down of numbers to provide consistent interpretations and to allow staff to correct technical errors without having to undergo a full Zoning By-law amendment. Page 15 of 16 The Corporation of The Town of Aurora By-law Number XXXX-21 Being a By-law to confirm actions by Council resulting from a Council Public Planning meeting on April 13, 2021. The Council of the Corporation of The Town of Aurora hereby enacts as follows: 1. That the actions by Council at its Council Public Planning meeting held on April 13, 2021, in respect of each motion, resolution and other action passed and taken by the Council at the said meeting is hereby adopted, ratified and confirmed. 2. That the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. Enacted by Town of Aurora Council this 13th day of April, 2021. Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 16 of 16