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AGENDA - Special Council - 20100421SPECIAL COUNCIL PUBLIC PLANNING AGENDA NO.10-09 WEDNLADAY, APDIL 21, 2010 7:00 P.M. COUNCIL TOWN NALL PUBLIC RELEASE April 16, 2010 AURORA TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 10-09 Wednesday, April 21, 2010 7:00 p.m. Council Chambers DECLARATIONS OF INTEREST it APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented. III PLANNING APPLICATION IV READING OF BY --LAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5237-10 BEING A BY-LAW to Confirm Actions by Council pg. 11 Resulting from Special Council — Public Planning Meeting 10-09 on April 21, 2010 V ADJOURNMENT Public Planning Agenda Wednesday, April 21, 2010 Page 2 of 2 AGENDA ITEMS PL10-033 — Zoning By-law Amendment Application 2091685 Ontario Inc. 15565 Yonge Street File Number: D14-02-10 RECOMMENDED: pg. 1 THAT report PLIO-033 be received for information and that Council determine their position with respect to the application, subject to public comments received. Public Planning Meeting Agenda ITEM # 1 -1 April 21, 2010 TOWN OF AURORA AUR—ORA PUBLIC PLANNING REPORT No. PL10-033 SUBJECT: Application to Amend the Zoning By-law 2091585 Ontario Inc. 15565 Yonge Street File Number., D14-02-10 FROM: Marco Ramunno, Director of Planning and Development Services DATE: April21, 2010 RECOMMENDATION THAT report PL10-033 be received for information and that Council determine their position with respect to the application, subject to public comments received. PURPOSE OF THE REPORT The purpose of this report is to evaluate a Zoning By-law Amendment application which proposes to: Amend the "Central Commercial Residential (C2-15) Exception Zone" to permit an additional 3 residential apartment units permitting a total of 18 units within an approved 5 storey building currently under construction. The applicant is also proposing a reduction in the parking requirement from 36 parking s aces to 33 parking spaces and a reduction in the amenity space requirement from 18 m (194 sq, ft.) per unit to 17 mZ (183 sq. ft.) per unit. BACKGROUND Public Notification On March 30, 2010 Notice of a Public Planning Meeting respecting the subject applications was given by mail to all assessed property owners within 120 metres (400 ft.) of the subject property; by public notification in the Aurora Era Banner; and an information sign posted on the subject property. As of April 14th, 2010, no written comments have been received by the Planning Department. Location The subject lands are located at 15565 Yonge Street, located on the east side of Yonge Street south of Batson Drive (see Figure 1). 'The lands are approximately 1800 m2 (0.44 acres) in size and have a frontage of approximately 30 metres (98 ft.) along Yonge Street. - 1 - Public Planning Meeting Agenda ITEM # 1-2 April 21, 2010 April 21 2010 .2. Report No. PL10-033 The surrounding land uses are as follows: North: open space (Craddock Park); South: commercial lands; East: open space (Craddock Park) and residential lands; and West: Yonge Street and commercial lands, Previous Approvals On April 24, 2007, Council approved an implementing Zoning By-law Amendment 4910- 07.D to rezone the subject lands to "Central Commercial Residential (C2-15) Exception Zone' to permit a 5 storey mixed use residential commercial building having a maximum of 15 residential units on floors 2 to 4 and a maximum of 275 m2 of commercial floor area and providing 34 parking spaces. A minor variance application under file D13-49-08 was granted to permit 33 parking spaces. This application was a result of the applicant reducing the commercial floor area and therefore reducing the parking requirement from 34 spaces to 33 spaces. Furthermore, a site plan application under file D11-22-06 was approved by Council for the subject development on April 24, 2007. Proposal The applicant proposes 3 additional residential units within an ap roved 5 storey building currently under construction. The units are proposed on the 5t floor and the amenity space area / party room relocated on the ground floor. The approximate size of the 3 additional units is 108 m2 (1163 sq. ft.), 97.5 m2 (1050 sq. ft.) and 60 m2 (650 sq. ft.) respectively. Two units have a balcony, while the middle unit does not, With the relocation of the amenity area / party room to the ground floor, the commercial floor area has decreased slightly; therefore the ground floor commercial area proposed is 183 m2 (1970 sq. ft.) and the amenity area / party room is 47.3 m2 (509 sq. ft.). With the addition of the 3 units, the parking requirement increases to 36 parking spaces, therefore the applicant is requesting a reduction in the parking requirement from 36 to 33 parking spaces. In addition the applicant is requesting a reduction in the amenity space requirement per unit from 18 m2(194 sq. ft.)to 17 m2(183 sq. ft.). Town of Aurora Official Plan The lands are designated "Community Commercial Centre" by the Official Plan. The permitted uses include a full range of retail and commercial uses and residential uses permitted above the commercial uses. In considering the development and redevelopment of Community Commercial Centres, Council shall encourage infili and intensification including the potential for mixed use with residential above the first storey of commercial land uses. The policy further states that Council should consider reduced parking requirements for residential units above commercial uses where alternative parking and transit services are available. The proposed use is in keeping with the official plan. The subject lands are also within the study area of the ongoing Aurora Promenade Study. -2- Public Planning Meeting Agenda ITEM # 1-3 April 21, 2010 _.._._. April 21, 2010 -3- Report No. PL10-033 Zoning By-law Amendment The approved "Central Commercial Residential (C2-15) Exception Zone" permits: - Banks or financial establishments; - Business and professional offices, excluding medical; - Dry cleaner's distribution depots; - Personal service shops; - Travel agencies; - Retail stores, excluding supermarkets and warehouse drugstores; - Data processing centres; studios - Dwelling units shall only be permitted above the first storey, on floors 2 to 4, having a maximum of 15 units; - Floor 5 shall be used for amenity purposes only; and - Commercial uses shall only be permitted on the first floor, and the total combined floor area shall not exceed 275 metres - A minimum of 33 parking spaces shall be provided (approved by Minor Variance D13-49-08) The applicant has proposed the following amendments to "Central Commercial Residential (C2-15) Exception Zone": - Dwelling units shall be permitted on floors 2 to 5 having a maximum of 18 units; - Commercial uses shall only be permitted on the first floor, and the total combined floor area shall not exceed 200 metres; - A minimum of 33 parking spaces shall be provided (approved by Minor Variance D13-49-08) - A minimum of 17 m2 of amenity space per residential unit shall be provided COMMENTS Apartment Units / Parkin With the addition of 3 residential units, the building will have a total of 18 residential apartment units and the current parking by-law requires 1.5 parking spaces per unit; requiring a total of 27 parking spaces for the residential component of the development. The commercial area which has been reduced from the original proposal from 275 m2 (2960 sq. ft.) to a proposed commercial area of 183.75m2 (1978 sq. ft.) requires 4.5 spaces per 100 m2 of commercial floor area which is 9 spaces. Therefore a total of 36 parking spaces are required under the current by-law, and the current approved site plan provides for 33 parking spaces, for a shortfall of 3 spaces. The owner has submitted a Parking Review prepared by Paradigm Transportation Solutions Limited to assess the adequacy of the proposed parking supply. The report -3- Public Planning Meeting Agenda ITEM # 1-4 April 21, 2010 April 21, 2010 - 4 - Report No. PLIO.033 concludes that the property can fully accommodate the expected peak demand for parking for the 18 residential units and the 183.75 m2 of commercial floor area. The Town's Traffic / Transportation Analyst has reviewed the Parking Study and has no concern with the parking supply. The parking justification report provides that the subject location is in walking distance of many activities and uses within the community. The development is on a major transit service corridor including YRT and VIVA and access to the Aurora GO station. The applicant's traffic engineer concludes that with the location of the development, the peak parking demand related to the residential development will not exceed 1.3 vehicles per unit which is 24 residential parking spaces. The applicant's engineerfurther states that peak demand for the residential development occurs at night, for office land uses occurs mid - daytimes and for commercial uses occurs in the early evening. During the day, when the peak demand for parking by the office and commercial component occurs, the residential parking demand is considerably lower and the overall combined parking demand is less than the parking demand in the late evening and overnight hours. With the location of the development, the peak parking demand related to the commercial development will not exceed 4.0 vehicles per 100 m which is 8 parking spaces and this is a reasonable basis on which to plan the development. The Parking Review concludes that the overall peak parking needs forthe development is 32 parking spaces. With the 33 parking spaces planned for this development, the parking demand can be readily accommodated. As part of the Aurora Promenade Study a review of the parking standards along the portions of the Yonge / Wellington Corridor is being considered. In view of the submitted parking study Town staff concurs with the proposed parking supply. Staff have no objections to the 3 additional residential units and consider the request to be an appropriate and compatible addition to this building. The location of this development on Yonge Street which is a transit corridor and within a mixed use environment further supports the addition of residential apartment units. Amenity Area The applicant proposes a small reduction in the amenity space requirement for each unit. The by-law requires 18 m2 (194 sq. ft.) and the applicant proposed 17 m2 (183 sq. ft.) per unit. The addition of the 3 units on the 5th floor results in the relocation of the party room / amenity room to the 15t floor. The party room / amenity room has reduced in size, therefore the per unit amenity space requirement is smaller. Staff consider the request appropriate as the development does provide for an amenity room, 17 of the 18 units have a balcony and the development is adjacent to a Craddock park. Department Comments Town Departments including the Building and By-law Services, Engineering Division and Central York Fire zoning by-law amendment application. Services, Parks and Recreation Service have no objection to the -4. Public Planning Meeting Agenda ITEM # 5 April21, 2010 April 21, 2010 .5- Report No. PL10-033 External Departments and Agencies The Lake Simcoe Region Conservation Authority and the York Region Transportation Services have reviewed the application and have no comments or objections, FINANCIAL IMPLICATIONS There are no financial implications associated with this report. SERVICING ALLOCATION The proposed zoning amendment application would require an additional 3 units of servicing allocation. PROVINCIAL POLICY STATEMENT The subject application is consistent with the policies of the Provincial Policy Statment. ALTERNATIVE(S) TO THE RECOMMENDATION At the Public Planning Meeting, taking into consideration comments from staff and residents, Council has the following options: Approving the applications in principle; subject to the resolution of any outstanding issues. 2. Resolving that the application be brought back to Committee or a further Public Planning Meeting upon resolution of any outstanding issues. 3. Refusal of the application with an explanation for the refusal, CONCLUSIONS An application has been submitted to amend the "Central Commercial Residential (C2-15) Exception Zone" to permit an additional 3 residential units permitting a total of 18 units within an approved 5 storey building currently under construction. The applicant is also proposing a reduction In the parking requirement from 36 parking spaces to 33 parking spaces and a reduction in the amenity space requirement from 18 m2 (194 sq. ft.) per unit to 17 m2 (183 sq. ft.) per unit. Should Council determine,there is merit in the proposal, it is recommended that the zoning by-law amendment application be approved in principle, and staff be directed to bring forward to Council an implementing zoning by-law and further recommended that an additional 3 units of sewage and water capacity be allocated to the development. -5- Public Planning Meeting Agenda April 21, 2010 ITEM # 1-6 April 21, 2010 - 6 - Report No. PL10-033 ATTACHMENTS Figure 1 - Location and Zoning Plan Figure 2 - Site Plan (16i Floor Plan) Figure 3 - 5th Floor Plan Figure 4 - Elevation Plan PRE -SUBMISSION REVIEW Management Team Meeting — April 14, 2010 Prepared by. Cristina Celebre, Planner - Extension 4343 Mar6JRdmunno, XCIP., R.P.P. Director of Planning and Development Services A a�ez, Neil Garbe Chief Administrative Officer -6- L 0 m 1.3� ,� ram`}yyh 111111111,11M.1.1111111111 a. 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Public Pi nning A?pelting Agenda By-law m237-10 - 1 April21, 010 II II THE CORPORATION OF THE TOWN OF AURORA By-law Number 5237-10 BEING A BY-LAW to Confirm Actions by Council Resulting From Special Council - Public Planning Meeting 10-09 on April 21, 2010 THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1, THAT the actions of the Council at its Special Council— Public Planning meeting held on April 21, 2010 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, 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. READ A FIRST AND SECOND TIME THIS 21Sr DAYOFAPRIL, 2010, READ A THIRD TIME AND FINALLY PASSED THIS 21" DAY OFAPRIL, 2010. PHYLLIS M. MORRIS, MAYOR CINDY JANZEN, DEPUTY CLERK -11- ADDITIONAL ITEM TABLED FOR PUBLIC PLANNING MEETING Wednesday, April 21, 2010 • Correspondence Received from Mr. Joe Caruso, Re: Item 1 PL10-033 —Zoning By-law Amendment Application 2091585 Ontario Inc. 15565 Yonge Street File Number: D14-02-10 A.pri 1 19, 21010 -D1`i- oa— t o Town of Aurora Planning and Development ,Services l Municipal Drive Aurora, Ont. L4G 6J 1 Attention CCristina Celebre: TOWN AURORA PLANNING & D` Vc .:,- :v<"NT CERVICES DEPT, APR 2 Q 2010 INITIALS ACTION 1, Joe Caruso am the owner of the property located at 15543Yonge Street, known as the Aurora Fruit Market Ltd. This letter is in regards to the property directly to the north, municipally known as 15565 Yonge Street. An application by 2091585 Ontario Inc. (File No. D 14-02- l 0) has been submitted to amend the zoning and permit said property to allow an additional 3 residential units. The applicant has further requested to reduce the number of parking spaces allotted from 36 to 33, also proposing a reduction of the amenity space requirement. My main concerns are the elimination of parking spaces will not allow adequate parking for each unit along with a Limited "visitor" parking allotment. My tenants at 15543Yonge Street run affluent businesses with limited parking available. I also have tenants of residential units with designated parking. We are constantly conflicting with patrons from the Restaurants and Bar from the plaza to the immediate south of our plaza regarding the excess use of my parking lot. t. do not want to further see my lot being the "overflow's parking for 15565 Yonge Street as well Let it be known that my opposition is primarily in regards to the parking and not the addition of the extra units, unless one compromises the other. Sincerely, Joe Caruso Owner.