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AGENDA - Public Planning - 20210608Town of Aurora Council Public Planning Meeting Agenda Date:June 8, 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.PDS21-073 - Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision, Shining Hill Collections Inc., 162, 306, 370, 434 and 488 St Johns Sideroad West, File Number: OPA-2021-02, ZBA-2021- 02 & SUB 2021-01 1 That Report No. PDS21-073 be received; and1. That the comments presented at the Public Meeting be addressed by Planning and Development Services in a report to a future General Committee Meeting. 2. 4.2.PDS21-062 - Applications for Official Plan and Zoning By-law Amendment, 2601622 Ontario Inc., 26, 30, 32 and 34-38 Berczy Street, Lot 4, 5, 6, 7, 8, 9, Part of Lot 10W/S Berczy St PL 68, OPA-2020-01 & ZBA- 2020-01 30 That Report No. PDS21-062 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.By-law No. XXXX-21 Being a By-law to Confirm Actions by Council Resulting from a Council Public Planning Meeting on June 8, 2021 52 6.Adjournment 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Public Planning Report No. PDS 21-073 Subject: Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision Shining Hill Collections Inc. 162, 306, 370, 434 & 488 St. Johns Sideroad West File Number: OPA-2021-02, ZBA-2021-02 & SUB 2021-01 Prepared by: Rosanna Punit, Planner Department: Planning and Development Services Date: June 8, 2021 Recommendation 1. That Report No. PDS21-073 be received; and, 2. That the comments presented at the Public Planning Meeting be addressed by Planning and Development Services in a report to a future General Committee Meeting. Executive Summary The purpose of this report is to provide Council with background information on the proposed Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision for the properties municipally known as 162, 306, 370, 434 and 488 St. John’s Sideroad West (the ‘subject lands’). The following is a summary of the applications:  The Official Plan Amendment proposes is to re-designate the subject lands from “Suburban Residential (SR-1)”, “Existing Major Institutional”, “Supporting Area Open Space” and “Core Area Open Space” designations and replacing it with the “Suburban Residential (SR-1)”, “Stable Residential”, “Environmental Protection”, “Public Parkland”, “Core Area Open Space” and “Supporting Area Open Space” designations; Page 1 of 52 June 8, 2021 2 of 14 Report No. PDS21-073  The Official Plan Amendment proposes a new site-specific policy to increase the maximum building height to 10 storeys for Block 89 (high rise block) and single detached dwellings permitted to a maximum of three (3) storeys or eleven (11) metres;  The Zoning By-law Amendment propose to rezone the subject lands form from “Oak Ridges Moraine - Rural (RU-ORM)”, “Rural (RU)” and “Institutional (I)” to: “Detached Third Density Exception X” (R3-X), “Detached Fourth Density Exception X” (R4-X), “Second Density Apartment Residential Exception X” (RA2-X), “Institutional Exception X” (I-X), “Oak Ridges Moraine Environmental Protection Zone” (EP-ORM) “Environmental Protection” (EP) and “Public Open Space” (O1);  The draft plan of subdivision contemplates a future residential block consisting of 88 single detached dwelling lots, a mid/high rise block with approximately 233 apartment units, a neighbourhood park block, a school block, a natural heritage system block, and public and private roads; and  A preliminary review of the proposed applications undertaken by the Town and external agencies have identified comments to be addressed before a final report is prepared for Council’s consideration; Application History A Pre-consultation meeting was held on February 13, 2020 and February 16, 2021. The applications for Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision were submitted on March 19, 2021. The Town declared the subject applications complete on March 26, 2021 and the applications were circulated for review and comment by Town of Aurora to internal departments and external agencies. On June 16, 2020, Town of Aurora General Committee, draft approved a plan of subdivision on the south portion of 306, 370, 434 and 488 St. John’s Sideroad to facilitate the future development of 90 single detached units (referred to as Phase 2). These lands are also owned by Shining Hill Estates Collections Inc. The owner is working on clearing the draft plan conditions imposed for the subdivision. The applicant has also submitted a Site Plan application for these lands, this will be presented to a future Council meeting. Location/Land Use The proposed development and associated amendment are proposed for the north side of St. John’s Sideroad, west of Yonge Street and east of Bathurst Street (see Figure 1). Page 2 of 52 June 8, 2021 3 of 14 Report No. PDS21-073 The subject lands are comprised of five separate parcels and are known municipally as 162, 306, 370, 434 & 488 St. John’s Sideroad West. The subject lands are vacant with the exception of 306 and 162 St. John’s Sideroad West, which contains an estate dwelling and accessory buildings. The dwelling is planned to be the future home of the St. Anne’s All-Girls Private School. The subject lands are irregular in shape with an approximate area of 31.79 ha (2.47 ac). A significant natural heritage system is located on a majority of 488, 434 and 370 St. John’s Sideroad West. The natural heritage system continues on the southern portion of 306 St. John’s Sideroad West and south western portion of 162 St. John’s Sideroad. Surrounding Land Uses The surrounding land uses are as follows: North: Undeveloped lands, Natural Heritage lands, and the Town of Newmarket; South: St. Johns Sideroad, Phase 2 Shining Hill Estate Collection Inc.; East: Vacant Land, Natural Heritage Lands and Yonge Street; West: Natural Heritage Lands and residential subdivisions. Policy Context Provincial Policies All planning applications are subject to provincial policies. The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest. These policies support the development of strong communities through the promotion of efficient land use and development patterns. The Growth Plan for the Greater Golden Horseshoe is a guiding document for growth management within the Greater Golden Horseshoe (GGH) Area. The Growth Plan provides a framework which guide decisions on how land will be planned, designated, zoned and designed. The Oak Ridges Moraine Conservation Plan provides the necessary land use policies for the protection of the Oak Ridges Moraine’s ecological and hydrological features and functions. A portion of the Subject Lands are designated ‘Settlement Area’ in the ORMCP. These lands are intended for urban uses thereby mitigating the impact of development on the natural ecological functions and hydrological features and to Page 3 of 52 June 8, 2021 4 of 14 Report No. PDS21-073 promote the efficient use of land resources through intensification and redevelopment of underutilized lands within urban areas. The Lake Simcoe Protection Plan (LSPP) is a provincial document that provides policies which addresses aquatic life, water quality, water quantity, shorelines and natural heritage, other threats and activities (including invasive species, climate change and recreational activities) and implementation. The subject site is partially regulated within an area governed by Ontario Regulation 179/06 under the Conservation Authorities Act. A permit from the Lake Simcoe Region Conservation Authority will be required prior to any development taking place. York Region Official Plan (YROP) The subject lands are designated ‘Urban Area’, ‘Rural’, and ‘Regional Greenlands System’. The westerly portion of the subject lands are located within the ‘'Urban Area’ and ‘Regional Greenlands System’ of the York Region Official Plan. The easterly portion is designated ‘Whitebelt’ and further designated as ‘Rural Area’. The intent of the Urban Area is to strategically focus growth while conserving resources and to create sustainable, lively communities. A range of uses are permitted within the Urban Area, including residential. Development and site alteration are prohibited within the Regional Greenlands System and development within 120 m requires that an Environmental Impact Study be submitted to determine the impacts of a proposed development on the natural heritage system and its features. The Rural Area designation intent is to protect agricultural, rural and Holland Marsh Speciality crop areas and support the agricultural industry as essential components of the regional fabric. Official Plan Town of Aurora Official Plan Some of the lands are designated Site Specific Policy Area #14 as shown on Official Plan Schedule ‘H’ (see Figure 2). These lands permit a comprehensive retirement complex, including 350 apartments units, 90 medical care units, medical clinics, related administrative office space and a conference centre. The conference centre is to provide overnight accommodation for a maximum of 60 persons and includes space for day time conferences. The retirement complex and conference centre are to be Page 4 of 52 June 8, 2021 5 of 14 Report No. PDS21-073 connected to the Town’s sanitary system and to a municipal water supply. No development will be permitted until Council has approved a Master Site Plan Agreement. Town of Aurora Official Plan – OPA 37 The remainder of the subject lands are designated ‘Suburban Residential (SR)’, ‘Suburban Residential (SR-1)’, ‘Core Area Open Space’ and ‘Supporting Area Open Space’ under OPA 37 (See Figure 3). The intent of the ‘Suburban Residential (SR)’ designation within OPA 37 is that these lands shall be developed for fully serviced residential lots of approximately 0.2 hectares is size. Development on lands designated Suburban Residential is to be compatible with the existing estate and suburban residences on the south side of St. John's SR. The intent of the ‘Suburban Residential - (SR-1)’ designation within Site Specific Policy Area OPA 37 is that these lands be developed as fully serviced single-detached residential lots with frontages generally greater than 24 metres, and areas generally greater than 800 square metres. Neighbourhood oriented community services such as schools and parks are also be permitted. The intent of the ‘Core Area Open Space’ designation within the Site Specific Policy Area OPA 37 is that these lands shall be comprised of open space, approved stormwater management outlets, and approved road and municipal service crossings. Other than the above permitted services these lands are intended to remain in its natural state with only passive recreation uses being permitted. Development in proximity to these Core Area Open Space lands is intended to protect and respect the existing natural edges, provide slope stabilization, and if desirable and necessary, provide trails and open space management programs. Lands designated Core Area Open Space are comprised of two interrelated ecological elements -the riparian corridor and the highest quality vegetation communities. Lands designated ‘Supporting Area Open Space’ within the Site Specific Policy Area of OPA 37 are intended to generally be comprised of open space, approved stormwater management facilities, approved road and municipal service crossings, trails and passive use parks. Boundaries and natural edges will be defined, through the subdivision approval process. Lands designated “Supporting Area Open Space” are comprised of two interrelated ecological elements - the supporting vegetation communities and the valley land forms. Page 5 of 52 June 8, 2021 6 of 14 Report No. PDS21-073 Zoning By-law 6000-17, as amended The subject lands are currently zoned ‘Oak Ridges Moraine Rural General (RU-ORM)’, ‘Rural (RU)’ and ‘Institutional (I)’ (See Figure 4). Within the Oak Ridges Moraine Rural General zone, the Zoning By-law provisions state that no person shall use these lands, including expanding, enlarging or otherwise altering an existing use, building or structure, for any use other than a use legally existing as of November 15, 2001, or a use for which a building permit has already been legally issued in accordance with Section 1.9.1 of Bylaw 6000-17, as amended, without an amendment to the Zoning By-law or relief from this by-law in accordance with the policies of the Official Plan and the Planning Act. Uses permitted in the Rural Zone include Agricultural uses, Detached Dwelling, Second Suites, Greenhouses, Home Occupations and Places of Worship. Uses permitted in the Institutional Zone include, Athletic Fields, Cemetery, Day Care Centres, Hospitals, Public Library, Long Term Care Facility, Museum Place of Worship, Recreation Centre, Retirement Home, Post-Secondary School, Private School, Public School. Reports and Studies As part of a complete application submission for the subject applications, the applicant has submitted studies and materials as listed in Appendix ‘A’. Proposed Applications The Official Plan Amendment proposes is to re-designate the subject lands from “Suburban Residential (SR-1)”, “Existing Major Institutional”, “Supporting Area Open Space” and “Core Area Open Space” designations and replacing it with the “Suburban Residential (SR-1)”, “Stable Residential”, “Environmental Protection”, “Public Parkland”, “Core Area Open Space” and “Supporting Area Open Space” designations. As illustrated in Figure 5, the Official Plan Amendment proposes to re-designate the subject lands from “Suburban Residential (SR-1)”, “Existing Major Institutional”, “Supporting Area Open Space” and “Core Area Open Space” designations and replacing it with the “Suburban Residential (SR-1)”, “Stable Residential”, “Environmental Protection”, “Public Parkland”, “Core Area Open Space” and “Supporting Area Open Page 6 of 52 June 8, 2021 7 of 14 Report No. PDS21-073 Space” designations. This will require an amendment to schedule ‘A-A” of OPA 37. Schedule ‘H’ of the Town of Aurora Official Plan to delete #14 site specific policy. The current SR-1 designation within OPA 37 allows for neighbourhood orientated support services such as schools and parks to be permitted. The applicant is not seeking a change to the designation of this portion of the lands. There is a small portion of this area that proposed to be re-designated from “Supporting Area Open Space” to “Suburban Residential” (SR-1) (see Figure 5). The Official Plan Amendment proposes a new site-specific policy to increase the maximum building height to 10-storeys for Block 89 (high rise block) and single detached dwellings permitted to a maximum of three (3) storeys or eleven (11) metres. The proposed Official Plan Amendment seeks to establish a new site specific policy to increase the maximum height permitted on the subject lands to 10 storeys for the high density block. Currently, the Official Plan does not include a height requirement for a these lands. The Official Plan Amendment also proposes an increase in height for the single detached dwellings from 10 metres to 11 metres or 3 storeys. York Region advised that they will be the approval authority for the private Official Plan amendment. The Zoning By-law Amendment propose to rezone the subject lands from “Oak Ridges Moraine - Rural (RU-ORM)”, “Rural (RU)” and “Institutional (I)” to: “Detached Third Density Exception X” (R3-X), “Detached Fourth Density Exception X” (R4-X), “Second Density Apartment Residential Exception X” (RA2-X), “Institutional Exception X” (I-X), “Oak Ridges Moraine Environmental Protection Zone” (EP-ORM) “Environmental Protection” (EP) and “Public Open Space” (O1) As shown in Figure 6, the applicant proposes to rezone the subject lands from “Oak Ridges Moraine - Rural (RU-ORM)”, “Rural (RU)” and “Institutional (I)” to: “Detached Third Density Exception X” (R3-X), “Detached Fourth Density Exception X” (R4-X), “Second Density Apartment Residential Exception X” (RA2-X), “Institutional Exception X” (I-X), “Oak Ridges Moraine Environmental Protection Zone” (EP-ORM) “Environmental Protection” (EP) and “Public Open Space” (O1). The applicant has submitted a draft Zoning By-law Amendment which is currently under review by staff. Block 89 (high-rise block) does not propose any reduction to the RA2 parking standard and further does not require any exceptions for the minimum amenity area standard. A further review of a detailed site plan is required to confirm that Block Page 7 of 52 June 8, 2021 8 of 14 Report No. PDS21-073 89 complies with the Town’s Zoning By-law. A Zoning By-law comparison is provided in Appendix B. The draft plan of subdivision contemplates a future residential block consisting of 88 single detached dwelling lots, a mid/high rise block with approximately 200 apartment units, a neighbourhood park bock, a school block, a natural heritage system block, and public and private roads As illustrated in Figure 7 the draft plan of subdivision contemplates a future residential block consisting of 88 single detached dwelling lots, a mid/high rise block with approximately 233 apartment units, a neighbourhood park block, a school block, a natural heritage system block, and public and private roads. A conceptual plan of the overall concept, including Town of Newmarket lands is provided in Figure 8. The detailed breakdown of the plan of subdivision is provided in Appendix ‘C’. Analysis Department/Agency Comments A preliminary review of the proposed applications undertaken by the Town and external agencies has identified comments to be addressed before a final report is prepared for Council’s consideration: Below is a summary of key comments received to date from Town staff and external agencies: Planning Staff note that the draft plan of subdivision does not show an access (driveway) to the St. Anne’s School via a public road located in Aurora. The road access to the school block must comply with Engineering and Fire requirements. A further analysis of the potential road connection of the two municipalities (Town of Aurora and Town of Newmarket) requires further review and comment. Staff will further review the proposed density and review the compatibility of the applications to the applicable Provincial Plans. Page 8 of 52 June 8, 2021 9 of 14 Report No. PDS21-073 Engineering Lane A dead-ends and is proposed to be dedicated to the Town. Although the proposed width of the lane is 9.2m with driveways on one side, it does not meet operational standards for snow removal, garbage pickup and maintenance. As well there is no turnaround at the dead end for safety the lane is proposed to join a trail head. Street B does not appear to meet the Town standard for angle bend at the south end and could be an operational concern for maintenance. Street B at the north end has only a 15m ROW and uses the future Park Block 91 for boulevard services thus encumbering the block. All lands dedicated to the Town are to be free of encumbrances. Block 91 future Park Block has a proposed SWM tank which again encumbers the Block to be dedicated to the Town. Services for Block 90 (St Anne’s School), are proposed to go through the future Park Block 91 which encumbers the land. There is no access to future Block 90 as it only fronts a future road in the Town of Newmarket. The Town of Aurora does not have jurisdiction over Newmarket to create block frontage. Water service is proposed from Aurora for Block 90 but there is no proposed frontage in Aurora, so water cannot be billed. A slope stability report was provided. It is not correlated to the proposed lot and road fabric and the long-term stable top of slope based on stable gradient may impact the proposed layout. A sidewalk along St. John’s Sideroad is required to connect the proposed Phase 2 sidewalk to Yonge Street. A boundary water meter will be required at the Newmarket/Aurora boundary. The noise report identifies the need for attenuation on flankage lots along St. John’s Sideroad which will need to be of sufficient width. A trailhead is shown at the end of Lane A, a further review and analysis is required confirming how this will function within the lane. Town of Newmarket Newmarket has not approved any urban uses on the adjacent lands to date. An OPA application has been received to convert the lands adjacent to the subject lands from environmental protection to urban designations. It is anticipated to be a lengthy process involving numerous stages, currently only the principle of development is being considered. Page 9 of 52 June 8, 2021 10 of 14 Report No. PDS21-073 The plan contemplates a future connection to Newmarket, until such time as a decision is made on the lands in Newmarket, the plan in Aurora should be able to function on its own in terms of servicing (water, sanitary, and storm), grading, transportation, road connection, trail connection, future parks, open space, etc. Lake Simcoe Conservation Authority (LSRCA) The Ontario Regulation 179/06 does apply to the subject site. A permit from the Lake Simcoe Conservation Authority is required prior to any development taking place. The applications have not demonstrated cconsistency with Section 3.1 of the Provincial Policy Statement. The subject site is located within an area that is subject to the policies contained in the Source Protection Plan. The applications be deferred until such time as the LSRCA have completed the technical review of the submitted reports and studies. Operation Services – Parks Division A significant number of trees are proposed to be removed from the site to facilitate the proposed development. Vegetation management initiatives will be required to address tree removals, tree protection and preservation, and compensation plantings in accordance with the Town’s Urban Forest Management Plan, specifically Policy C – Tree Removals and Compensation (sections 6.8 & 7.0), and Policy D – Tree Protection/Preservation (sections 5.0 & 6.0). Any proposed tree removals prior to execution of the development agreement will require a Vegetation Management Agreement with the Town. The Town of Aurora Trails Master Plan identifies a neighbourhood trail within the natural heritage system Block 92 extending east west beyond the draft plan lands. In order to facilitate future construction of this trail by the Town, the block will need to be conveyed to the Town at no cost and free of all encumbrances. Clarification is required with respect to servicing Block 93 and question if this block could facilitate a trail connection to the adjacent natural heritage system Block 92. Block 91 is designated as parkland. Existing trees are located within the northwest quadrant of the park block which may significantly constrain the ability to provide a soccer field which has been contemplated. An underground stormwater storage is proposed within the park block. Parkland is required to be conveyed free and clear or all constraints and encumbrances. Landscape plans will be required through the development agreement process to Page 10 of 52 June 8, 2021 11 of 14 Report No. PDS21-073 address our minimum landscape standards in accordance with the Town’s Landscape Design Guidelines. Operations Services – Roads Division Low Impact Development (LID) drainage components are proposed for the private lots, the park block and road right of ways. LIDS require a major investment in ongoing routine maintenance, which is currently not part of the Town’s Service level standards. Conditions of approval will require that the developer provide water infiltration design standards, and that these standards will be subject to on-site testing and verification throughout the period of construction and development of the site. The Town will require a full value financial contribution for the ongoing maintenance liabilities that these features add to the Town’s operation. The Town requires further rational for implementing LIDs on private property and how these will be maintained. The 15 meter road widths are not maintainable for snow removal and are not considered as public streets. These laneways if left at their proposed design width should remain in private ownership with all maintenance being the responsibility of the home owners including both solid waste collection and recycling collection. The water main connection to Newmarket wil need further input from Operational Services with regards to water metering, flow to and from Newmarket and the responsibility for billing and maintenance. York Region Formal comments have not been submitted to date. York Region has confirmed they are the approval authority for the private Official Plan Amendment. Public Comments Planning Staff have not received comments from members of the Public to date. Any comments received from the public will be reflected in the final recommendation report and presented to Council at a future General Committee Meeting. Advisory Committee Review Not Applicable. Page 11 of 52 June 8, 2021 12 of 14 Report No. PDS21-073 Legal Considerations Subsections 22(7) and 22(7.0.2) of the Planning Act states that if Council refuses the Official Plan Amendment application or fails to make a decision on it within 120 days after the receipt of the application, the applicant (or the Minister) may appeal the application to the Local Planning Appeal Tribunal (LPAT). Subsection 34(11.0.0.0.1) of the Planning Act states that if the passing of a Zoning By- law Amendment also requires an amendment to the Official Plan, and that if both applications are made on the same day, if Council refuses the Zoning By-law Amendment application or fails to make a decision on it within 120 days after the receipt of the application, the applicant (or Minister) may appeal the application to the LPAT. Subsection 51(34) of the Planning Act states that if Council refuses the Draft Plan of Subdivision application or fails to make a decision on it within 120 days after the receipt of the application, the applicant (or the Minister) may appeal the application to the Local Planning Appeal Tribunal (LPAT). The applications were received on March 19, 2021, and therefore the applicant may appeal them to the LPAT as of August 26, 2021. Financial Implications There are no financial implications at this time. Communications Considerations On April 1, 2021, a Notice of Complete Application respecting the Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications was published in the Auroran and Aurora Banner newspapers. On May 14, 2021, Public Meeting Notices were issued by mail to all addressed property Owners within a minimum of 120 metres (393 feet) of the subject lands, and all Interested Parties to the applications. Signage on the property was also posted with information regarding the Public Meeting. On May 20, 2021, Notice of Public Planning Meeting was published in the Auroran and Aurora Banner newspapers. Notification has been provided in accordance with the Planning Act. Page 12 of 52 June 8, 2021 13 of 14 Report No. PDS21-073 Link to Strategic Plan The applications will be reviewed in accordance with the Strategic Plan and its goal of enabling a Diverse, Creative and Resilient Economy through promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business. Alternative(s) to the Recommendation 1. That comments presented at the Public Meeting be addressed by Planning and Development Services in a report to a future Public Planning meeting. Conclusions Staff continue to review the subject applications having consideration for the above noted matters, the comments received from the agency circulation, and the feedback received from the public and Council at the Public Planning Meeting. A final report with recommendations will be presented to Council for consideration at a future General Committee Meeting. Attachments Figure 1 – Location Map Figure 2 – Official Plan Schedule ‘H’ Figure 3 – Existing Official Plan Designation Figure 4 – Existing Zoning By-Law Figure 5 – Proposed Official Plan Amendment Designations Figure 6 – Proposed Zoning By-law Zones Figure 7 – Proposed Draft Plan of Subdivision Figure 8 – Conceptual Overall Plan Appendix ‘A’ – Documents Submitted in Support of a Complete Application Appendix ‘B’ – Zoning By-law Comparison Appendix ‘C’ – Draft Plan of Subdivision Chart Previous Reports There are no previous reports for the subject applications. Page 13 of 52 June 8, 2021 14 of 14 Report No. PDS21-073 Pre-submission Review Agenda Management Team review on May 27, 2021. Approvals Approved by David Waters, RPP, MCIP, PLE, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 14 of 52 TOWN OF NEWMARKET W illo w F a rm Lane St John's S ideroad FallingLe af Court Willow Farm L a n e St John's Sideroad LOCATION MAP Map created by the Town of Aurora Planning & Building Services Department, April 13, 2021. Base data provided by York Region & the Town of Aurora. Air Photos taken Spring 2020, © First Base Solutions Inc., 2020 Orthophotography. ¯ FIGURE 1 St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive ^ Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd 0 75 150 225 300 MetresApplicant: Shining Hill Estates Collection Inc.Files: OPA-2021-02, ZB A-2021-02 & SUB-2021-01 SUBJECT LANDS Page 15 of 52 ttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttTOWN OF NEWMARKET W illo w F a rm Lane St John's Sideroad FallingLe a f Court Willow Farm L a n e St John's Sideroad SPECIFIC POLICY AREA #14) Map created by the Town of Aurora Planning & Building Services Department, May 17, 2021. Base data provided by York Region & the Town of Aurora. ¯ St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive ^ Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd 0 75 150 225 300 Metres OFFICIAL PLAN SCHEDULE H (SITE Applicant: Shining Hill Estates Collection Inc.Files: OPA-2021-02, ZBA-2021-02 & SUB-2021-01 FIGURE 2 SUBJECT LANDS SITE SPECIFIC POLICY AREA #14 Page 16 of 52 TOWN OF NEWMARKET WilkinsonP laceWillowFarmLaneFallingLea f Court H o d g k in sonCrescentWillow Farm L a n e ST JOHN'S SIDEROAD Map created by the Town of Aurora Planning & Development Services Department, May 26, 2021. Base data provided by York Region & the Town of Aurora. ¯0 75 150 225 300 Metres EXISTING OFFICIAL PLAN DESIGNATION APPLICANT: Shining Hill ApplicationFILES: OPA-2018-01, ZBA-2018-02 & SUB-2018-02FIGURE 3 SUBJECT LANDS Schedule A - Structure Plan Estate Residential Stable Neighbourhoods !!!! !!!! Existing Major Institutional Private Parkland OPA 37 Suburban Residential (SR-1) Suburban Residential Public Parkland Environmental Protection Core Area Open Space Supporting Area Open Space OPA 21 Suburban Residential (SR-2) Supporting Area Open Space Page 17 of 52 TOWN OF NEWMARKET I EP EP RU-ORM RU R2(74) R3-529 R2(74) ER(72) EP(97) R2(74) EP ER(73) R1(299) O2-530 EP-ORM ER(73)ER(72) O2(75) R3(302) O2(75) O2(75) O2(75) ER(72) R2(300) ER(98) O2(75) O2-530 O2(75) EP EP EP(117) O2(75) O2(75) O2(75) O2(75) RU ST JOHN'S SIDEROAD EXISTING ZONING BY-LAW DESIGNATION Map created by the Town of Aurora Planning & Development Services Department, May 17, 2021. Base data provided by York Region and Aurora - GIS. ¯0 75 150 225 300 Metres Applicant: Shining Hill Estates Collection Inc.Files: OPA-2021-02, ZB A-2021-02 & SUB-2021-01FIGURE 4 SUB JECT LANDS Detached FirstDensity ResidentialR1 Zoning Legend RESIDENTIAL ZONES Estate ResidentialER OPEN SPACES ZONES EnvironmentalProtectionEP Detached SecondDensity ResidentialR2 RuralRU RURAL ZONES Detached ThirdDensity ResidentialR3 Oak Ridges Moraine RuralRU-ORM Public Open SpaceO1 Private Open SpaceO2 INSTITUTIONAL ZONES InstitutionalI Page 18 of 52 ttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttOPA 37 Willow Farm Lane L o n gVa l l e yRo a dFa l l i n g L e a f C o u r t Craiglee CourtAspenLeaf CourtWillow Farm LaneHeatherfield LaneFalling Leaf Court St John's SideroadII I C Map created by the Town of Aurora Planning & Development Services Department, May 17, 2021. Base data provided by Malone Given Parsons PROPOSED OFFICIAL PLAN DESIGNATIONApplicant: Shining Hill Estates Collection Inc.Files: OPA-2021-02, ZBA-2021-02 & SUB-2021-01FIGURE 5 Land Use Designations Stormwater Management Facility (Conceptual)Official Plan DesignationsEstate ResidentialExisting Major InstitutionalEnvironmental ProtectionPrivate ParklandPublic ParklandStable NeighbourhoodsSuburban Residential OPA 37 Designations Suburban Residential (SR-1)Suburban ResidentialCore Area Open SpaceSupporting Area Open Space Proposed Official Plan DesignationsLands to be Designated to Public ParklandLands to be designated to Environmental ProtectionLands to be designated to Stable ResidentialLands to be designated to Suburban Residential (SR-1)Lands to be designated to Supporting Area Open Space CI Possible IntersectionProposed Creek Crossing Location School Block ¯ Page 19 of 52 Map created by the Town of Aurora Planning & Development Services Department, May 17, 2021. Base data provided by Malone Given Parsons PROPOSED ZONING BY-LAW AMENDMENT Applicant: Shining Hill Estates Collection Inc.Files: OPA-2021-02, ZBA-2021-02 & SUB-2021-01FIGURE 6 Page 20 of 52 Map created by the Town of Aurora Planning & Development Services Department, May 17, 2021. Base data provided by Malone Given Parsons DRAFT PLAN OF SUBDIVISION Applicant: Shining Hill Estates Collection Inc.Files: OPA-2021-02, ZBA-2021-02 & SUB-2021-01 FIGURE 7 Page 21 of 52 Map created by the Town of Aurora Planning & Development Services Department, May 17, 2021. Base data provided by Malone Given Parsons CONCEPTUAL OVERALL PLANApplicant: Shining Hill Estates Collection Inc.Files: OPA-2021-02, ZBA-2021-02 & SUB-2021-01FIGURE 8 Page 22 of 52 Public Planning Report No. PDS21-073 June 8, 2021 Appendices Page 1 of 7 Appendix A – Reports Submitted in Support of Complete Applications Document Consultant Planning Opinion Report Malone Given Parsons Ltd. Draft Official Plan Amendment Malone Given Parsons Ltd. Draft Zoning By-law Amendment Malone Given Parsons Ltd. Conceptual Plan Malone Given Parsons Ltd. Neighbourhood Plan Malone Given Parsons Ltd. Urban Design Brief Malone Given Parsons Ltd. Priority Lot Plan Malone Given Parsons Ltd. Slope Stability Study Soil Engineers Ltd. Geotechnical Investigation Soil Engineers Ltd. Hydrogeological Investigation Golder Associates Ltd. Natural Heritage Evaluation Beacon Environmental Phase 1 Environmental Site Assessment Soil Engineers Ltd. Arborist Report Beacon Environmental Lake Simcoe Protection Conformity Report Malone Given Parsons Ltd./ Beacon Environmental Functional Servicing Brief and Stormwater Management Report SCS Consulting Group Ltd. Engineering Drawing Package SCS Consulting Group Ltd. Transportation Mobility Plan Dillion Noise Study HGC Engineers Stage 1-2-3 Archaeological Assessment This Land Arch Page 23 of 52 Public Planning Report No. PDS21-073 June 8, 2021 Appendices Page 2 of 7 Appendix B – Zoning By-law Comparison R3- Detached Third Density Residential R3(XX) - Detached Third Density Residential Exception Zone Permitted Uses • Dwelling, Detached • Dwelling, Second Suite • Home occupation • Dwelling, Detached • Dwelling, Second Suite • Home occupation Lot Area (minimum) 460m2 460m2 Lot Frontage 15m 15m Front Yard (minimum) 6m 4.5m to Main Building* 6.0m to Garage Face* Rear Yard (minimum) 7.5m 7.5m Minimum Exterior Side Yard 6m 3m* Minimum Interior Side Yard 1.2m for one storey buildings 1.5m for buildings greater than one storey 1.2m (one side)* 0.6m (other side)* Maximum Building Height 10m 11m* Coverage 35% N/A* Note: The proposed bylaw exceptions are highlighted and labelled with an asterisk “*”. Final zoning performance standards will be evaluated by Staff in detail prior to the implementing Zoning By-law Amendment presented to Council for enactment. Page 24 of 52 Public Planning Report No. PDS21-073 June 8, 2021 Appendices Page 3 of 7 R4 - Detached Fourth Density Residential R4(XX) - Detached Fouth Density Residential Exception Zone Permitted Uses • Dwelling, Detached • Dwelling, Second Suite • Home occupation • Dwelling, Detached • Dwelling, Second Suite • Home occupation Lot Area (minimum) 370m2 370m2 Lot Frontage 11m 11m Front Yard (minimum) 3.0m to Main Building 5.5m to the garage 3.0m to Main Building* 6.0m to Garage Face* Rear Yard (minimum) 7.5m 7.5m Minimum Exterior Side Yard 3.0m to Main Building 5.0m to the garage 3.0m* Minimum Interior Side Yard 1.2m one side 0.6m other side 1.2m (one side) 0.6m (other side) Maximum Building Height 11m 11m Coverage 50% N/A* Page 25 of 52 Public Planning Report No. PDS21-073 June 8, 2021 Appendices Page 4 of 7 Parent Zone Requirement – Yard Encroachments Proposed Encroachments Structure or Feature Applicable Yard Max encroachment into a Minimum Yard Open porches, uncovered terraces and decks (3.2m in height or less) Front and Exterior Side Yards 2.5m In no case shall it be 4.5m from the Front Lot line, 3.0m from the Exterior Side Yard Lot line Maximum projection for open-sided roofed porches, uncovered terraces, porticos, patios and decks not exceeding 3.0m above grade with or without foundation and steps* 3.0m (into any required yard)* Rear Yards 3.7m In no case shall be closer than 3.8m from the rear Lot line. Window Bays, with or without foundation up to 3.0m in width Front, Rear & Exterior Side Yards 1.0m Bay, bow or box window maximum width* 4.5m* Interior Side Yards 0.33m Sills, belt courses, cornices, gutters, chimneys, pilasters, eaves, parapets, or canopies Any yard 0.7m Bay, bow or box window or fireplace maximum projection* 0.6m (required, front, exterior and rear yards)* Page 26 of 52 Public Planning Report No. PDS21-073 June 8, 2021 Appendices Page 5 of 7 RA2- Second Density Apartment Residential RA2(XX)- Second Density Apartment Residential Exception Zone Permitted Use • Second Density Apartment Residential • Second Density Apartment Residential Lot Area (minimum) 95m2 40m2 per dwelling unit Lot Frontage 30m No exception has been requested to this standard of the zoning By-law. Front Yard ½ the height of the Main Building and in no case less than 9.0m from the Street Line 6.0m* Rear Yard (minimum) 9.0m No exception has been requested to this standard of the zoning By-law. Minimum Exterior Side Yard ½ the height of the Main Building and in no case less than 9.0m N/A* Minimum Interior Side Yard ½ the height of the Main Building and in no case less than 6.0m 6.0m* Maximum Building Height 26m 32.0m* Coverage 35% N/A* Parking 1.5 spaces per dwelling unit, minimum 20% of spaces provided shall be set aside for visitor parking. No exception has been requested to this standard of the zoning By-law. Amenity Area 18m2 per dwelling unit, minimum 50% of the required amenity area is provided as interior amenity space. No exception has been requested to this standard of the zoning By-law. Page 27 of 52 Public Planning Report No. PDS21-073 June 8, 2021 Appendices Page 6 of 7 I - Institutional Zone I(XX)- Institutional Exception Zone Permitted Uses • Athletic Fields • Cemetery • Crematoriums • Day Care Centres • Hospitals • Library, Public • Long Term Care Facility • Museum • Place of Worship • Recreation Centre • Retirement Home • School, Post Secondary • School, Private • School, Public • Athletic Fields • Day Care Centres • Museum* • Place of Worship (1) • Recreation Centre • School, Private (1)(2) • Place of Entertainment* Lot Area (minimum) 460m2 No exception has been requested to this standard of the zoning By-law. Lot Frontage 30m 15m* Front Yard (minimum) 10m No exception has been requested to this standard of the zoning By-law. Rear Yard (minimum) 15m No exception has been requested to this standard of the zoning By-law. Minimum Exterior Side Yard 10m No exception has been requested to this standard of the zoning By-law. Minimum Interior Side Yard ½ the height of the building and no less than 4.5m 4.5m* Maximum Building Height 15m 25m* Coverage 35% 35% Minimum Accessory Structure setback Not specifically addressed. 1m (1) A Dwelling unit may be permitted as an accessory use and shall be in accordance with Section 7.2m with respect to height and yard requirements for the R3 zone. (2) Dormitories may be permitted as an accessory use Page 28 of 52 Public Planning Report No. PDS21-073 June 8, 2021 Appendices Page 7 of 7 Appendix C – Draft Plan of Subdivision Breakdown Proposed Land Use Lot and Block # # of Units Area (ha) Single Detached (min 15.24m) 1-79 31 2.00 Single Detached (min 13.7m) 1-79 29 1.59 Single Detached (Min 12.2m) 1-79 19 0.83 Lane Access Single Detached (Min 13.7m) 80-88 5 0.30 Land Access Single Detached (Min 12.2m) 80-88 4 0.19 Mid/High Rise Residential 89 200 0.87 St. Anne’s School 90 4.28 Neighbourhood Park 91 1.61 Natural Heritage/Open Space 92 17.72 Servicing Block 93 0.02 Trail Head 94 0.02 Road Widening 95 0.21 0.3 Reserves 96-97 0.01 23.0m Right of Way Street A 1.03 18.0m Right of Way Street B-C 0.81 15.0m Right of Way Street B 0.16 9.2m Laneway (Right of Way 141m) Lane A 0.14 Totals 288 31.79 Page 29 of 52 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Public Planning Report No. PDS21 -062 Subject: Applications for Official Plan and Zoning By-law Amendment 2601622 Ontario Inc. 26, 30, 32 & 34-38 Berczy Street Lot 4, 5, 6, 7, 8, 9, Part of Lot 10W/S Berczy St PL 68 OPA-2020-01 & ZBA-2020-01 Prepared by: Carlson Tsang, Planner Department: Planning and Development Services Date: June 8, 2021 Recommendation 1. That Report No. PDS21-062 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 The purpose of this report is to provide Council with background information on proposed Official Plan and Zoning By-law Amendment applications at 26, 30, 32 & 34-38 Berczy Street (“the subject lands”). The following is a summary of the applications:  Official Plan and Zoning By-law Amendment applications have been submitted to facilitate the development of a 7-storey mixed use apartment building with a total of 356 units;  A Comprehensive Tertiary Plan has been submitted to demonstrate how the proposal will complement and contribute to the orderly redevelopment and transformation of the area, as prescribed by the Official Plan.  The Official Plan Amendment proposes a new site-specific policy to increase the maximum building height to 7-storeys and reduce the minimum size of the Urban Square to 50 m2 (538.19 ft2). Page 30 of 52 June 8, 2021 2 of 13 Report No. PDS21-062  The Zoning By-law Amendment proposes to rezone the subject lands from “E1 (10) Employment Zone” to “PDS1 – Promenade Downtown Shoulder Exception Zone” to permit the proposed development.  A preliminary review of the proposed applications undertaken by Town departments and external agencies has identified comments that need to be addressed prior to the preparation of a final recommendation report to Council for consideration. Background Application History A Pre-consultation meeting took place between Town Staff and the applicant in November 2018. Applications for Official Plan Amendment and Zoning By-law Amendment were received on January 17, 2020 and deemed complete on January 29, 2020. An application for Site Plan Approval will be submitted at a later date to finalize the detailed design and layout of the proposed development. Location/Land Use The subject lands are municipally known as 26, 30, 32 & 34-38 Berczy Street and are located on the west side of Berczy Street, south of Wellington Street East, and west of Yonge Street (see Figure 1). The lands have a combined area of approximately 7,203 m2 (77,532 ft2), and a frontage of approximately 115 m (377.29 ft) along Berczy Street and 54.95 m (180.28 ft) along Mosley Street. 26, 30 and 32 Berczy Street each contain a single detached dwelling and a rear parking pad. Several mature trees exist in the front and rear yards on these residential lots. 34-38 Berczy Street is a single property with two municipal address and is occupied by two multi-unit office buildings. There are two parking lots at 34-38 Berczy Street, one between the two office buildings and one at the south end of the property near the intersection. Surrounding Land Uses The surrounding land uses are as follows: North: Commercial plaza, offices and residential dwellings on Wellington Street East Page 31 of 52 June 8, 2021 3 of 13 Report No. PDS21-062 South: Industrial uses including a vehicle dispatch business and a landscaping company East: Aurora GO Station, parking lot and garage, and commercial uses further to the east West: Town Park stable neighborhood characterized by single detached dwellings Policy Context Provincial Policies All development applications are subject to provincial policies. The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest. These policies support the development of strong communities through the promotion of efficient land use and development patterns. The Growth Plan for the Greater Golden Horseshoe (Growth Plan) is a guiding document for growth management within the Greater Golden Horseshoe (GGH) Area. The Growth Plan provides a framework which guide decisions on how land will be planned, designated, zoned and designed. The Lake Simcoe Protection Plan (LSPP) is a provincial document that provides policies which addresses aquatic life, water quality, water quantity, shorelines and natural heritage, other threats and activities (including invasive species, climate change and recreational activities) and implementation. The subject lands are not located within LSRCA’s regulated area. York Region Official Plan (YROP) The subject lands are designated “Urban Area” by the York Region Official Plan, which permits a wide range of residential, commercial, industrial and institutional uses. Section 8.3.8 of the Region of York Official Plan states that amendments to local Official Plans may be exempt from Regional approval if they are of local significance and no Regional interest is adversely affected. York Region has advised the Town that the application qualifies for Regional exemption. A formal letter will be provided to the Town at a later date to confirm that the subject application is exempt from Regional approval. Town of Aurora Official Plan The subject lands are designated “Promenade General – Special Design Area” by the Town’s Official Plan, which seeks to transform existing industrial areas into a vibrant, Page 32 of 52 June 8, 2021 4 of 13 Report No. PDS21-062 pedestrian oriented mixed-use community (see Figure 2). Changes are planned to occur through the introduction of higher density while providing compatibility and appropriate transitions to adjacent neighbourhoods. Uses permitted in the “Promenade General” designation include multiple-unit buildings, townhouses, apartment buildings, communal housing, commercial uses (including retail stores, restaurants and personal services), child care facilities and conference centres. Schedule ‘B2” of the Official Plan indicates the subject site as having a minimum height of 2 storeys and a maximum height of 5 storeys. The subject properties are located within the ‘Special Design Area’ where development approval is conditional upon the completion of a Comprehensive Plan to demonstrate how the proposed development will complement and contribute to the orderly transformation of the area. The Comprehensive Plan is a non-statutory document that provides a conceptual layout to guide future development and provides further details on how development will occur in the Aurora Promenade. The Comprehensive Plan is to be prepared in consultation with the affected adjacent landowners to address area-wide matters such as street and block patterns, pedestrian connections, open space, and land use and built forms, in accordance with the design guidelines set out in the Official Plan and the Aurora Promenade Concept Plan – Urban Design Strategy. The Official Plan also requires all developments within the ‘Promenade General’ designations on sites greater than 0.2 ha in size to provide a minimum of 3% of its net developable area for an Urban Square. The Urban Square is to be built and maintained by the landowner, and an easement with the Town is to be established to ensure the space is open and accessible to the public at all times. Aurora Promenade Concept Plan – Urban Design Strategy The subject lands are located within the “Aurora GO Station Focus Area”, which is planned for intensification. The greatest density of uses is directed to the area east of the railway corridor, close to the GO Station. All developments are subject to a 45 degree angular plane measured from a point 9 m (29.52 ft) above the rear and side yard setback in a Heritage or Stable Neighbourhood area. Parking must be located at the rear or below grade. Page 33 of 52 June 8, 2021 5 of 13 Report No. PDS21-062 Zoning By-law 6000-17, as amended The subject lands are zoned “E1 (10) - Employment” by the Zoning By-law 6000-17, as amended (see Figure 3), which permits uses including banquet hall, clinic, commercial school, convention centre, day care centre, dry cleaning establishment, industrial uses, offices, pet services, research and training facility, private school, and theatre. Exception 10 permits additional uses including antique and craft display and sales area, auction centres, financial institutions, office and restaurants. Reports and Studies As part of a complete application submission for the subject applications, the Owner has submitted the documents listed in Appendix ‘A’. Proposed Applications Official Plan and Zoning By-law Amendment applications have been submitted to facilitate the development of a 7-storey mixed-use apartment building with a total of 356 units. The applicant is seeking amendments to the Town’s Official Plan and Zoning By-law to facilitate the development of a 7-storey mixed use apartment building with 356 units (see Figures 4 and 5). The ground floor of the building contains approximately 295 m2 (3,171 ft2) of retail space facing Berczy Street. The proposed development includes 402 parking spaces in two levels of underground parking. Vehicular access is provided via two access points on Berczy Street. The first access point is located at the center of the subject lands that leads to the entrance ramp of the underground parking garage. The second access point is located at the south west corner of the subject lands which leads to a 6 m (19.68 ft) wide emergency vehicle route along the northerly property line. A rectangular shaped courtyard is located at the center of the development surrounded on all sides by residential units. There are also two outdoor amenity areas located at the north and south end of the roof of the building. The development will provide a 1.5 m (4.92 ft) landscape buffer from the properties to the north and west. New deciduous trees will be planted along the perimeter of the site. The proposed development will include the conveyance to the Town of a 6m (19.68 ft) by 6m (19.68 ft) daylighting triangle at the intersection of Berczy Street and Mosley Street in order to provide sufficient sight distances and room for traffic control measures. Page 34 of 52 June 8, 2021 6 of 13 Report No. PDS21-062 A 50 m2 (538.19 ft2) Urban Square is located at the south east corner of the site adjacent to the daylight triangle. No information was provided on the design or function of the Urban Square and staff will request that details be provided. A Comprehensive Tertiary Plan has been submitted to demonstrate how the proposal will complement and contribute to the orderly redevelopment and transformation of the area, as prescribed by the Official Plan. A part of a Comprehensive Plan that includes adjacent properties has been submitted, as required by the Official Plan, to coordinate the future development of the surrounding lands (see Figure 6). The plan area includes the properties on Berczy Street from Wellington Street to approximately 80 m (262.46 ft) south of Mosley Street, the entire GO Transit parcel, and the properties at the bend of Industrial Parkway South. The Comprehensive Plan addresses various area-wide elements such as building footprints, pedestrian connections, vehicular movements, height and density, and is under review by staff. The Official Plan Amendment proposes a new site-specific policy to increase the maximum building height to 7-storeys and reduce the minimum size of the Urban Square to 50 m2 (538.19 ft2). The proposed Official Plan Amendment seeks to implement a site-specific policy to increase the maximum height permitted on the subject lands from 5-storey to 7-storey (or 25 m), and reduce the minimum size of the Urban Square from 215.35 m2 (2,318 ft2) (3% of the net developable site area) to 50 m2 (538.19 ft2). York Region has indicated that the Official Plan Amendment qualifies for a Regional exemption. As such, the Town will be the approval authority for the proposed Official Plan Amendment. The Zoning By-law Amendment proposes to rezone the subject lands from “E1 (10) Employment Zone” to “PDS1 – Promenade Downtown Shoulder Exception Zone” to permit the proposed development. As shown in Appendix B, the Applicant proposes to rezone the subject lands from “E1 (10) Employment Zone” to “PDS1 – Promenade Downtown Shoulder Exception Zone” to permit the proposed development. The Owner has submitted a draft Zoning By-law which is currently under review by staff. To summarize, the following site-specific standards are proposed to permit a:  maximum building height of 24 m (78.74 ft); Page 35 of 52 June 8, 2021 7 of 13 Report No. PDS21-062  minimum rear yard setback of 3 m (9.84 ft); and,  minimum amenity area of 15.6 m2 (167.91 ft2) per dwelling unit (minimum of 10% of the required amenity area will be provided as interior amenity space). Analysis Department/Agency Comments A preliminary review of the proposed applications undertaken by Town departments and external agencies has identified comments that need to be addressed prior to the preparation of a final recommendation report to Council for consideration. Below is a summary of the key comments received to date from Town staff and external agencies: Planning The proposed Official Plan Amendment is seeking to increase the maximum building height from 5-storeys to 7-storeys, which in the opinion of staff, is significant given the scale of the adjacent low-rise dwellings. The massing and height of the building will likely need to be revisited in order to achieve an appropriate transition in scale and density to the adjacent residential neighbourhood. Staff are still assessing the planning merits of the proposal based on the subject land’s relationship with the surrounding lands, applicable planning policies and plans and comments provided by the Town’s Design Review Panel on June 29, 2019 (discussed herein). Staff will continue to work with the applicant to improve the design of the proposed development. Staff are concerned that the proposed Urban Square at the south west corner of the site is not large enough to serve its intended function. Further, staff note that almost half of the Urban Square is located below a cantilevered floor which reduces its potential to function as a gathering space for public use. The Official Plan states that the Urban Square is to be designed to reinforce a high quality formalized relationship with the streetscape and its adjacent uses. There should be hard and soft landscape elements and features within the Urban Square to define the activity areas, circulation, entry points, and seating space. Although this level of detail can be finalized during the site plan review process, the applicant needs to demonstrate in the Urban Design Brief how the proposed Urban Square will satisfy the above requirements. Page 36 of 52 June 8, 2021 8 of 13 Report No. PDS21-062 The Comprehensive Tertiary Plan submitted includes a number of external properties that are some distance from the subject lands. The comprehensive plan should be more concentrated on the subject lands and the adjacent properties because they will be most affected by the proposed development. Also, the Comprehensive Tertiary Plan should not include any properties that are located outside of the Promenade Area. The Comprehensive Tertiary Plan will also need to include the new applications (File: OPA-2021-01 & ZBA-2021-01) submitted for the properties at 101-103 Mosley Street and 120 Metcalfe Street, and demonstrate that the two developments are compatible with respect to height transition, vehicular connection and pedestrian circulation. Also, given both developments are required to provide an Urban Square, the Comprehensive Plan should address how the two Urban Squares can be coordinated to serve the area. The Comprehensive Plan is still under review by staff and the applicant will need to address all comments as part of their next submission. The Town will require the provision of a public benefit as per Section 37 of the Planning Act (provided staff are satisfied that the proposal represents good planning) in exchange for the proposed increased building height. Potential public benefits include, but not limited to, public amenity space, public art, affordable housing, affordable artist space and public realm improvements. Engineering Sanitary service is proposed to be connected to the existing 250mm dimeter PVC sewer located on Berczy Street. Engineering requires a detailed study to demonstrate that the existing trunk sewer has enough capacity to accommodate the additional flow generated by the proposed development. The study should have regard to the development applications (File: OPA-2021-01 & ZBA-2021-01) to the south at 101-103 Mosley Street and 120 Metcalfe Street which proposes a 261 unit apartment building. A Record of Site Condition will be required as the Phase 2 Environmental Site Assessment indicates exceedances of applicable site condition standards in the fill material and groundwater. A Remediation program to remove the fill will need to include a Record of Site Condition. Traffic Analyst The Town’s Traffic Analyst identified several technical comments on the submitted Transportation Impact Study pertaining to site traffic trip distribution and auto turn analysis for truck maneuvering. A revised Transportation Impact Study has been Page 37 of 52 June 8, 2021 9 of 13 Report No. PDS21-062 submitted to the Town. Staff circulated the revised Transportation Study to the Town’s Traffic Analyst and is under review. Design Review Panel On June 29, 2019, Planning Staff met with the Design Review Panel (DRP) and the applicant to discuss the design of the proposed development. Town Staff identified concerns related to building height and pedestrian safety. The DRP commented on the massing of the building and recommended that the overly long street wall on Berczy Street should be broken up by appropriate architectural treatments and possibly a mid- block configuration. The DRP also noted that the building needs to have more regard for the design guidelines of the Promenade Concept Plan and the relationship with the residential neighbourhood to the west. The applicant submitted the current proposal with a modified design in response to staff and the DRP’s comments. The height of the main building has been reduced to 7- storeys. The loading space is moved to the south east corner of the building away from the amenity space to improve pedestrian safety. A variety of materials have been incorporated into the elevations to add visual interest to the overall building. The base, middle and top components of the building is now more clearly define by horizontal breaks in accordance with the Promenade Concept Plan. However, the applicant has not addressed the comments with respect to the overly long street wall flanking Berczy Street. Staff remain concerned that the overall scale and massing of the building will negatively impact the streetscape character of the host neighborhood. Further, staff need to assess whether the proposed building height can be supported within the context of the applicable planning policies and surrounding environment. Staff will continue to work with the applicant to address the outstanding design comments prior to bringing a final recommendation report to Council for consideration. Heritage The residences at 26 and 32 Berczy Street were constructed in 1865 as part of historical subdivision (Plan 68) developed by John Mosley. The two office buildings at 34 Berczy Street (constructed circa 1901) and 38 Berczy Street (constructed circa 1951) were formerly part of the Sisman Shoe Factory Company, one of Aurora’s largest local employers in the early 20th century. The above noted properties are all listed on the Aurora Heritage Register. Page 38 of 52 June 8, 2021 10 of 13 Report No. PDS21-062 These properties are subject to interim protection where the owner is required to provide the Town at least 60-day notice in writing of their intention to demolish or remove a building or structure on the property. The notice period allows Council to determine, in consultation with the Heritage Advisory Committee, whether the existing buildings are worthy of designation based on the prescribed criteria outlined in the Ontario Heritage Act. The delisting of these properties is scheduled to be discussed by the Heritage Advisory Committee on June 7, 2021. The Heritage Advisory Committee’s comments will be included in staff’s presentation at the Public Meeting on June 8, 2021. Metrolinx Metrolinx is expanding its services as part of the GO Expansion Program to increase train frequency and availability across its seven rail corridors. The program contemplates a grade separation of Wellington Street in order to enhance on-time performance, operational flexibility and reduce traffic conflicts. The proposed grade separation will impact the current alignment of Berczy Street where it currently intersects with Wellington Street. Staff requested the applicant coordinate with Metrolinx to ensure the proposed development will not result in any conflicts with the future alignment of Berczy Street. The latest site plan drawing submitted includes Metrolinx’s right-of-way requirements for Berczy Street. Staff have circulated the application to Metrolinx for review and comment. Regional Municipality of York The subject lands are located within the WHPA-Q (Recharge Management Area). As such, the proposed development will be subject to the water quantity recharge maintenance policy of the South Georgian Bay Lake Simcoe Source Protection Plan. The applicant must demonstrate that the existing water balance can be maintained in the future. York Region staff have identified a number of technical comments on the hydrogeological study that need to be addressed prior to approval of the applications. The schedules of the Official Plan and Zoning By-law Amendment will be revised to protect for the future alignment of Berczy Street. Further, the transportation study needs to be consistent with the format and recommendations of the Region’s Transportation Mobility Plan Guidelines for Development Applications. Page 39 of 52 June 8, 2021 11 of 13 Report No. PDS21-062 York Region are generally satisfied that the proposed development conforms to the Regional Official Plan and have no objection to the approval of the applications, subject to the applicant addressing all of the Region’s technical comments. Lake Simcoe Region Conservation Authority There are no hazard areas or natural heritage features identified on the subject lands. As such, the proposed development will not require a permit from the LSRCA. However, the lands are located within the Wellhead Protection Area (WHPA-Q) and hence are subject to Policy LIP-12 of the South Georgian Bay Lake Simcoe Source Protection Plan. Further, the proposed development must conform to the Stormwater Management policies and Settlement Area policies of the Lake Simcoe Protection Plan. Public Comments Planning Staff received several written submissions from the public expressing concerns over the excessive size and height of the building, increased traffic and increased risk of accidents for pedestrians. Any additional comments received after the writing of this report will be communicated at the Public Planning Meeting. Advisory Committee Review Not Applicable. Legal Considerations Subsections 22(7) and 22(7.0.2) of the Planning Act states that if Council refuses the Official Plan Amendment application or fails to make a decision on it within 120 days after the receipt of the application, the applicant (or the Minister) may appeal the application to the Local Planning Appeal Tribunal (“LPAT”). Subsection 34(11.0.0.0.1) of the Planning Act states that if the passing of a Zoning Bylaw Amendment also requires an amendment to the Official Plan, and that if both applications are made on the same day, if Council refuses the Zoning By-law Amendment application or fails to make a decision on it within 120 days after the receipt of the application, the applicant (or Minister) may appeal the application to the LPAT. Page 40 of 52 June 8, 2021 12 of 13 Report No. PDS21-062 Financial Implications All applicable development fees and charges in this regard have been and will continue to be collected by the Town as required. Communications Considerations On February 6, 2020, a Notice of Complete Application respecting the Official Plan Amendment and Zoning By-law Amendment Applications was published in the Auroran and Aurora Banner newspapers. On May 13, 2021, notices were issued by mail to all addressed property Owners within 120 metres (393.7 ft) of the subject property, and all Interested Parties to the applications. Signage on the property was posted on May 12, 2021 with information regarding the Public Meeting. On May 20, 2021, Notice of Public Planning Meeting was published in the Auroran and Aurora Banner newspapers. Link to Strategic Plan The applications will be reviewed in accordance with the Strategic Plan and its goal of enabling a Diverse, Creative and Resilient Economy through promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business. Alternative(s) to the Recommendation 1. That the comments presented at the Public Meeting be addressed by Planning and Development Services in a report to a future Public Planning meeting. Conclusions Staff continue to review the subject applications having consideration for the above noted matters, the comments received from the agency circulation, and the feedback received from the public and Council at the Public Planning Meeting. A final report with recommendations will be presented to a future General Committee Meeting. Attachments Figure 1 – Location Map Figure 2 – Existing Official Plan Designation Figure 3 – Existing Zoning By-Law Figure 4 – Conceptual Site Plan Figure 5 – 3D Renderings Figure 6 – Comprehensive Plan Page 41 of 52 June 8, 2021 13 of 13 Report No. PDS21-062 Appendix A – Documents Submitted Appendix B – Zoning By-law Comparison Previous Reports There are no previous reports for the subject applications. Pre-submission Review Agenda Management Team review on May 27, 2021 Approvals Approved by David Waters, RPP, MCIP, PLE, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 42 of 52 Walton DriveWellington Street East Mosley Street Berczy StreetLarmont StreetIn d u strial Parkway South Wellington Street East LOCATION MAP Map created by the Town of Aurora Planning and Building Services Department, May 3, 2021. Base data provided by York Region & the Town of Aurora. Air Photos taken Spring 2020, © First Base Solutions Inc., 2020 Orthophotography. ¯FIGURE 1 St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive ^Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd 0 25 50 75 100 Metres APPLICANT: 26, 30, 32, 34-38 Berczy StreetFILES: OPA-2020-01 & ZBA-2020-01 SUBJECT LANDS Page 43 of 52 IndustrialP a rk w a y South Mosley Street Berczy StreetLarmont StreetWELLINGTON STREET EAST OFFICIAL PLAN MAP Map created by the Town of Aurora Planning & Building Services Department, May 3, 2021. Base data provided by York Region & the Town of Aurora. ¯0 10 20 30 40 50 Metres APPLICANT: 26, 30, 32, 34-38 Berczy StreetFILES: OPA-2020-01 & ZBA-2020-01FIGURE 2 St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive ^Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd SUBJECT LANDS Existing Commercial Existing Employment - Brownfield Industrial Environmental Protection Downtown Shoulder Promenade General Schedule A OPA Schedule B1 Secondary Plan Area Public Parkland Stable Neighbourhoods Existing Major Institutional Private Parkland Page 44 of 52 O1R7-SN(497) E2 PDS4 I E1(9) PDS4(115)R7(272)E1(10) E1(226) E2PDS4(403)PDS4(453)PDS4 ZONING MAP Map created by the Town of Aurora Planning & Building Services Department, May 3, 2021. Base data provided by York Region & the Town of Aurora. ¯0 10 20 30 40 50 MetresAPPLICANT: 26, 30, 32, 34-38 Berczy StreetFILES: OPA-2020-01 & ZBA-2020-01 FIGURE 3 St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive ^Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd SUBJECT LANDS Second Density Apartment ResidentialRA2 Zoning Legend RESIDENTIAL ZONES OPEN SPACES ZONES Service EmploymentE1 Special Mixed Density ResidentialR7 PROMENADE ZONES Promenade Downtown Shoulder - Central CommercialPDS1 Promenade Downtown Shoulder - InstitutinalPDS3 Promenade Downtown Shoulder - Special Mixed Density ResidentialPDS4 General EmploymentE2 Page 45 of 52 Map created by the Town of Aurora Planning & Building Services Department, May 3, 2021. Base data provided by York Region & the Town of Aurora. CONCEPTUAL SITE PLAN APPLICANT:2578461 Ontario Inc. FILE: OPA-2020-1 & ZBA-2020-01 FIGURE 4 Page 46 of 52 Map created by the Town of Aurora Planning & Building Services Department, May 3, 2021. Base data provided by York Region & the Town of Aurora. 3D RENDERINGS APPLICANT:2578461 Ontario Inc. FILE: OPA-2020-1 & ZBA-2020-01 FIGURE 5 Page 47 of 52 Map created by the Town of Aurora Planning & Building Services Department, May 3, 2021. Base data provided by York Region & the Town of Aurora. COMPREHENSIVE PLAN APPLICANT:2578461 Ontario Inc. FILE: OPA-2020-1 & ZBA-2020-01 FIGURE 6 Page 48 of 52 Public Planning June 8, 2021 Appendices Page 1 of 3 Report No. PDS21-062 Appendix A – Materials Submitted in Support of Complete Applications Documents Consultant Survey JD Barnes Planning Justification Report Weston Consulting Draft Official Plan Amendment Weston Consulting Draft Zoning By-law Amendment Weston Consulting Urban Design Reports Weston Consulting Conceptual Site Plan, Elevations and Renderings AREA Architects Shadow and/or Massing Study AREA Architects Geotechnical Study/Soil Report Terraprobe Hydrogeological Study Terraprobe Phase 1 and 2 Environmental Site Assessment Terraprobe Landscape Plan, Tree Inventory and Preservation Plan MSLA Arborist Report DA White Tree Care Functional Servicing and Stormwater Management Report Masongsong Grading/Drainage Plan Masongsong Eroison and Sediment Control Plan Masongsong Traffic Impact and Parking Study Nextrans Stage 1 & 2 Archaeological Assessment ASI Heritage Noise Study HGC Engineering Heritage Impact Assessment AREA Architects Page 49 of 52 Public Planning June 8, 2021 Appendices Page 2 of 3 Report No. PDS21-062 Appendix B – Zoning By-law Comparison Existing E1 (10) Employment Zone Existing PDS1 Promenade Downtown Shoulder Zone Proposed PDS1 Promenade Exception Zone (XXX) Permitted Uses Banquet Hall, clinic, commercial school, commercial self storage facility, convention centre, day care centre, dry cleaning distribution station and depot, dry cleaning establishment, equipment sales and rental establishment, fitness centre, food processing establishment, industrial uses, laundromat, motor vehicle rental establishment, offices, pet services, private park, printing establishment, club, recreational centre, repair shop, service shop, research and training facility, accessory retail, private school, transportation terminals, warehouses Art gallery, bed and breakfast, clinic, commercial school, daycare centres, dry cleaning establishment, dry cleaning distribution station and depot, dwelling units above the first storey, dwelling (boarding or rooming house), converted dwellings, detached dwellings, double duplex or fourplex, quadriplex, second suites, semi- detached dwellings, townhouse, triplex, financial institutions, fitness centre, funeral parlours, garden centres, hospitals, hotel, institutional uses, laundromat, museum, offices, personal service shops, pet services, place of entertainment, club, private parks, restaurants, retail stores, service shops, studio, and veterinarian clinic, antique and craft display and sales area, auction centres, and restaurants Rental dwelling units, laboratory, private school, public school, accessory parking lot and playfield. Minimum Lot Area 2,000 m2 230 m2 No change Minimum Lot Frontage 30 m 10 m No change Minimum Front Yard 3 m 0.0 m No change Page 50 of 52 Public Planning June 8, 2021 Appendices Page 3 of 3 Report No. PDS21-062 Minimum Rear Yard 9 m 7.5 m 3 m Interior Side Yard 3 m 0.0 m No change Exterior Side Yard 3 m 0.0 m No change Maximum Building Height 10 m 10 m (18.5m is permitted provided the 4th and 5th storey are stepback) 24 m Parking Requirement N/A 1.0 space per unit No change Amenity Space Requirement N/A 18 m2 (minimum 50% interior amenity space) 15.6 m2 (minimum 10% interior amenity space) Page 51 of 52 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 June 8, 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 June 8, 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 8th day of June, 2021. Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 52 of 52