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AGENDA - Special Council - 20090325SPECIAL COUNCIL PUBLIC PLANNING AGENDA NO.09-00 25,2009 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE March 20, 2009 AURORA TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 09-08 Wednesday, March 25, 2009 7:00 p.m. Council Chambers DECLARATIONS OF INTEREST I I APPROVAL OF AGENDA RECOMMENDED: THAT the agenda be approved as presented. III PLANNING APPLICATIONS IV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5122-09 BEING A BY-LAW to Confirm Actions by Council pg. 11 Resulting from Special Council — Public Planning Meeting 09-08 on March 25, 2009 V ADJOURNMENT Public Planning Meeting 09-08 Wednesday, March 25, 2009 Page 2 of 2 AGENDA ITEMS PL09-031 - Zoning By-law Amendment Application pg. 1 Antonio Picheca 15387 Yonge Street Lot 15, Plan 5 File D14-20-08 RECOMMENDED: THAT report PL09-031 be received as information and that Council determine its position with respect to the application, subject to public comments received. PUBLIC PLANNING - MARCH 25, 2009 ITEM # Auk-TOWN OF AURORA PUBLIC PLANNING MEETING No. PL09-031 SUBJECT: Zoning By-law Amendment Application Antonio Picheca 15387 Yonge Street Lot 15, Plan 5. File Number: D14-20-08 FROM: Marco Ramunno, Director of Planning and Development Services DATE: March 25, 2009 RECOMMENDATION THAT report PL09-031 be received as information and that Council determine their position with respect to the application, subject to public comments received. PURPOSE OF THE REPORT A zoning by-law amendment application has been submitted to permit a personal service shop (hair. salon) use ;as an additional permitted use to the existing zone category "Special Mixed Density Residential (R5A 2) Exception Zone". The owner of the subject lands and the property:,owner to the north (15393 Yonge . Street) have filed concurrent access and shared parking easements under files D10-03- 09 and D10-04-09. These applications are scheduled to be heard bythe.Committee of Adjustment on. April 16, 2009. A formal site plan application under file D11-06-09 has been submitted and is currently under review. Notification On March 3, .2009 Notice of a Public Meeting, respecting the subject application was given by mail to all assessed property owners within .120 metres (393 feet) of the subject property; by public notification in the Aurora Era Banner; and, an information sign posted on the subject property. As of March 16, 2009, no comments have been received by the Planning and Development Services Department. BACKGROUND Location/Land-Use: The subject lands are located on the east side of Yonge Street and municipally described as 15387 Yonge Street (see Figure 1). The lands, have a total site area of -1- PUBLIC PLANNING - MARCH 25, 2009 ITEM # 1.- 2 March 25, 2009 -2- Report No. PL09.031 approximately 809 m2 (0.2 acres) and a road frontage of approximately 16.45 metres (51 ft) along Yonge Street. The detached dwelling, which has been converted into a commercial business, is of historic interest, however is not -designated under the Ontario Heritage Act. The surrounding land uses are as follows: North: existing commercial; South: existing residential; East: existing residential; and, West: Yonge Street and beyond existing commercial and residential Official Plan The subject lands are designated "Urban Residential" by the Town of Aurora Official Plan and is located within the Town's Heritage Resource Area. Zoning The lands are zoned "Special Mixed Density Residential (R5-12) Exception Zone" by the Town of Aurora Zoning By-law 2213-78, as amended. History The subject property under review, 15387 Yonge Street, together with the property to the. north, 15393 Yonge Street, were rezoned in 2005 to bring the properties into conformity with Town standards and to. enact a by-law which reflected the uses and function of the two properties. The enacted by-laws included additionalpermitted uses for each property, permission to. allow a shared driveway and shared parking area with a minimum of 16 parking spaces and exceptions to zoning standards. Applications for consent to grant an access easement over a portion of both properties for the purpose of creating a shared driveway and parking area between the two properties were approved with conditions by the Committee of Adjustment; however the owner at the time did not satisfy the conditions within the required timeframe therefore the consents were deemed to be refused. A site plan application was also submitted and delegated to the Director of Planning to authorize the execution of the agreement between the owners and the Town once the site plan Committee was satisfied; however.the applicant did not finalize the agreement and the file was subsequently closed in 2007. Both properties have been sold, and the owner of the subject property has committed to fulfilling the Town's previous requirements. Accordingly, consent applications have been submitted by both property owners for an access easement for a shared driveway and parking area and the owner of the subject property has submitted a site plan application. -2- PUBLIC PLANNING - MARCH 25, 2009 ITEM # i March 25, 2009 - 3 - Report No. PL09-031 COMMENTS Planning Considerations„ Official Plan The subject lands are designated "Urban Residential" by the Official Plan and are located within the Town's "Heritage Resource Area". To support the viability of Aurora's heritage, limited commercial uses, such as small scale professional or business offices; and studios which are compatible with residential. uses, are permitted in residentially designated structures along arterial streets in the "Heritage Resource Area".. Such uses are.subject to a site plan agreement and the availability of sufficient on -site parking which is tobescreened to protect adjacent residential areas. This property has been utilized for commercial uses for some time, and is consistent. with the existing built form located along Yonge Street. The property is adjacent to existing residential dwellings, and as per the proposed site plan the applicant has provided for a buffer strip,along the entire length of the south property, line including a grassed strip and a 1.5 metre high solid wood fence. The proposed landscape plan will be reviewed through the site plan process by the Leisure Services. Department. The proposed additional use of a personal service shop is in keeping with the policies of the Official Plan.: Zgning The subject lands are zoned "Special Mixed Density Residential (R5-12) Exception Zone" and permit the following uses: Uses Permitted business and professional offices excluding medical offices and retail stores - limited retail use having a maximum gross floor area of 30m2 - art gallery - studio Parking Notwithstanding any provisions to the contrary, the subject 'property and the property abutting to the north and zoned "Special Mixed Density Residential (115- 5) Exception Zone" shall have a shared parking lot with a minimum of 16 parking spaces. Ingress. and Egress Notwithstanding any provisions to the contrary, the subject property and the . property abutting to the north zoned "Special Mixed Density Residential (R5-5) Exception Zone" shall have a shared driveway with a maximum width of 10.0 m. The owner has requested that a personal service shop use, specifically a hair salon also be permitted on the subject lands. Therefore an amendment to the zoning by-law is . required. -3- PUBLIC PLANNING - MARCH 25, 2009 ITEM # March 25, 2009 - 4 Report No. PL09-031 Parking The parking requirement for a personal service shop is 6 spaces for each 100 m2;of gross floor area, Based on the gross floor area of the existing dwelling which is 166. m2 (1800 sq. ft.), the by-law requires a minimum of 10 parking spaces; whereas the owner is providing a total of 11 parking spaces on the subject lands. The site specific R5-12 by-law requires that a total of 16 parking spaces are shared with the abutting property to. the north. Notwithstanding this requirement, the subject property meets the Town's parking requirements without the need to utilize the parking spaces available on the abutting property. Access The owner and the property owner to the north (15393 Yonge Street) have filed concurrent access easements as shown on Figure 4, over a portion of both properties for the purpose of creating a shared driveway and parking area between the two. properties. These applications are scheduled to be heard at the April 16, 2009 Committee of Adjustment Meeting. Heritage The subject property, is listed on the Aurora. Register of Properties of Cultural Heritage, Value or Interest. The owner proposes to preserve the heritage building and at this time does not plan to renovate the exterior of the building. Department Comments All Town Departments have reviewed the subject.zoning by-law amendment application and have no objection to the proposed use. The applicant has recently submitted a formal site plan application for the proposed development and is currently under review. As part of the site plan review process, Town Departments will work with the applicant regarding site development matters, including the site access design, parking layout and landscaping. FINANCIAL IMPLICATIONS . There are no financial implications associated with this report. SERVICING ALLOCATION Not applicable. i -4- PUBLIC PLANNING - MARCH 25, 2009 ITEM # March 25, 2009 - 5 - Report No. PL09-031 PROVINCIAL POLICY STATEMENT The subject application is consistent with the policies of the Provincial Policy Statement. ALTERNATIVE(S) TO THE RECOMMENDATION At the Public Planning Meeting, taking into consideration comments from staff and residents, Council has the following options: 1. Approving the application in principle, subject to the Owner obtaining approval of the consent .applications from the Committee of Adjustment. 2. Resolving that the application be brought back to Committee or a further Public Meeting upon resolution of the major outstanding issues. 3. Refusal of the application with an explanation for the refusal. CONCLUSION An application has been submitted for a zoning by-law amendment to permit a personal service shop, specifically a hair salon on the subject lands. Based on an evaluation of the subject zoning amendment application in the context of the Provincial and Town policies, and its appropriateness and compatibility with existing and future surrounding land uses, the Planning Department can support the proposed zoning by-law amendment application. Should Council determine there, is merit in the proposal, the zoning by-law amendment application can be approved in principle, and staff can be directed to bring forward to Council an implementing zoning by-law and the site plan application following the Committee of Adjustment consent decision in respect to .the shared driveway and parking easements. ATTACHMENTS Figure 1 - Location and Zoning Plan Figure 2 - Proposed Site Plan Figure 3 - Proposed Landscape Plan Figure 4 - Proposed Easement Plan for Shared Driveway and. Parking -5- PUBLIC PLANNING - MARCH 253,2009 March 25, 2009 - 6 - Report No..PL09-031 PRE -SUBMISSION REVIEW Management Team Meeting —March .18, 2009 Prepared by: Cristina Celebre, Planner-- Ext. 4343 MarC� mx.i.P., R.P.P. Neil Garbe, Director of Planning and Chief.4dm'ni rative Officer Development Services PUBLIC PLANNING - MARCH 25, 2009. m LO L 4)$ aOnjdS c V W 4i.� �..z `u J N In to a w L 0 o N dt'NQ4 z 4 tip � 0 z 'W ti w U N a m o. �u O z Zo ao ro H �N O V Uo W O QLL PUBLIC PLANNING - MARCH 255 2009 IYI m a r a c E m. Fm a H 0 t m b m m I pOp N 3 Z 1 a J U w I � V fA. 1 Q 2 1 I W O NaQ. OrNWW L^L ELl4 Y. Q lL LL PUBLIC PLANNING - MARCH 25, 2009 �ryry �2 ' n8& 3L6GLIi I ' I O I ggg3 i' e W � I W k Ld (-D I CD a a W . a A. 0 U Z w '. U a_: ..J 0. 0 Lu' O (1) Q o N 01:4CL Z.� QM U©W J ai C. aEir PUBLIC PLANNING - MARCH 251,2009 At 1-10 ®._ mol 0 Z_- 06 a° r. x W W a 0 L z Q a. z w W < 4N w U a 0 z wo U) Qo. 0 d qv, v O'?o� PUBLIC PLANNING.- MARCH 25, 2009 By-law 5122-09 - 1 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5122-09 BEING A BY --LAW to ConFrm Actions by Council Resulting From Special Council - Public. Planning Meeting 09-08 on March 25, 2009 NOW THEREFORE 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 hold on March 25, 2009 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 25' DAY OF MARCH, 2009. READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF MARCH, 2009. PHYLLIS M.MORRIS, MAYOR CINDY JANZEN, DEPUTY CLERK -11-