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AGENDA - Special Council - 20090422SPECIAL COUNCIL PUBLIC PLANNING AGENDA NO.09-11 WEDNESDAY, APRIL 22, 2009 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE April 17, 2009 AURORA TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 09-11 Wednesday, April 22, 2009 7:00 p.m. Council Chambers I DECLARATIONS OF INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the agenda be approved as presented. III PLANNING APPLICATIONS 1V READING OF BY-LAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5133-09 BEING A BY-LAW to Confirm Actions by Council pg. 19 Resulting from Special Council - Public Planning Meeting 09-11 on April 22, 2009. V ADJOURNMENT Public Planning Meeting 09-11 Wednesday, April 22, 2009 Page 2 of 2 AGENDA ITEMS 1. PL09-038 - Zoning By-law Amendment Application pg. I Vinder Holdings Inc, 15195 Leslie Street Part of Lot 20, Concession 3, E.Y.S. File: D14-04-08 RECOMMENDED: THAT report PL09-038 be received as information and that Council determine its position with respect to Zoning By-law Amendment Application file D14-04-08 (Vinder Holdings Inc.), subject to public comments received. PUBLIC PLANNING AGENDA April 22, 2009 TOWN OF AURORA AuRoRA PUBLIC PLANNING MEETING No. PL09-038 SUBJECT: Zoning By-law Amendment Application Vinder Holdings Inc. 15195 Leslie Street Part of Lot 20, Concession 3, E.Y.S. File: D14-04-08 FROM: Marco Ramunno, Director of Planning and Development Services DATE: April 22, 2009 RECOMMENDATIONS THAT report PL09-038 be received as information and that Council determine their position with respect to Zoning By-law Amendment Application File: D14-04.08 (Vinder Holdings Inc.), subject to public comments received. PURPOSE OF THE REPORT The purpose of this report is to provide an overview of the revised Zoning By-law Amendment application, provide the public with an additional (2n) opportunity to provide comments, and for Council to determine their position with respect to the rezoning application The owner has submitted a Zoning By-law Amendment application to rezone the subject lands from 'Rural General (RU) Zone" to a site specific "Business Park (BP-X) Exception Zone' to facilitate the development of the lands with the uses described in the Chart on page 4 of this report and in a manner shown on the conceptual site plan attached as Figure 5. NOTIFICATION On March 31, 2009 Notice of a second Public Planning Meeting respecting the subject application was; advertised in the Aurora Banner; distributed by mail to all assessed property owners within 120 metres (393 feet) of the subject property (Figure 2); distributed by mail to all persons/bodies that requested interested party status, and a sign was erected on the Leslie Street frontage of the subject lands. BACKGROUND Location The subject lands are located southeast of the Leslie Street and Wellington Street East intersection, directly south of the Shell gas station, and municipally described as 15195. - 1 - PUBLIC PLANNING AGENDA April 22, 2009 April 22 2009 - 2 - Report No. PL09-038 Leslie Street. (see Figure 1) The property is approximately 1.14 hectares (2.82acres) in area and has 119m (390ft.) of frontage along Leslie Street. There is an existing vacant residential dwelling on the property, which is listed on the Town of Aurora Register of Properties of Cultural Heritage Value or Interest. In addition, there is a shed and frame barn on the property; however, these structures are not identified as having potential heritage interest and are proposed to be demolished. Surrounding Uses North: Existing automobile service station (Shell) South: Proposed hotel (Mainstay Suite, File: D11-06-08) East: Vacant lands designated as Business Park West: Leslie Street, beyond which exist vacant lands designated as Business Park Official Plan The subject lands are designated "Business Park" by Official Plan Amendment #30 (Bayview Northeast Area 2B Secondary Plan). The Business Park designation outlines development policies that provide opportunities for a mix of high quality employment uses . and supporting commercial uses that satisfy local and regional needs. Lands designated as Business Park are intended to be developed, designed and landscaped in a high quality and prestigious manner. In addition to these principle uses restaurants, limited retail -and service commercial activities may also be allowed subject to strict control of an implementing Zoning By -_law. Zoning By-law The subject property is currently zoned 'Rural General (RU) Zone", which permits agricultural type uses such as farming, livestock rearing, breeding and training of farm animals, one single detached dwelling and an accessory dwelling unit occupied by a farmhand. Non-agricultural permitted uses include a horseback riding club as well as places of worship. The subject application proposes to rezone the subject lands from 'Rural General (RU) Zone" to a site specific 'Business Park (BP-X) Exception Zone", the specifics of this application as noted in the Proposal section of this report. APPLICATION HISTORY Pre -submission Consultation and Review of Zoning Application Pre -submission meetings were held between Planning staff and the applicant. These meetings were centred on discussions relating to the intent and purpose of Business Park policies contained within the Bayview Northeast Secondary Plan (OPA 30) as well as the incorporation the existing building of heritage interest into a development proposal. 2- PUBLIC PLANNING AGENDA ITEM # 1 - 3 April 22, 2009 April 22, 2009 - 3 - Report No. PL69-038 The applicant submitted a formal Zoning By-law Amendment Application on February 29, 2008. After review of the submission Town staff provided comments to the applicant. Consequently, the applicant made a series of revisions to the Zoning By-law Amendment application, and on December 17, 2009 a Public Planning Meeting was held by Council. December 17, 2008 Public Planning Meeting Summary of Staff Comments per staff report PL08-131: Staff had no objection in principal to the higher order employment uses proposed by the applicant;..however, concerns were raised with regard to the variety of supporting and service commercial uses, inclusive of a stand alone drive-thru restaurant: In addition, concerns were also expressed with respect to the urban design standard and the landscaping of the proposed development as submitted with the applicant's original conceptual site plan and building elevation renderings. Appendix 1 of this report summarizes .public and .Council comments heard at the December 17, 2008 Public Meeting. The, proposed uses considered at the Public Meeting are noted on page four (4) of this report with the original conceptual site plan attached hereto as Figure 4. At the conclusion of the December 17, 2008 Public Planning Meeting Council resolved as follows: "THAT the application be brought back to a further Public Planning Meeting, THAT staff work with the applicant to address concerns raised in the staff report, by Council, by the applicant and by the public; and THAT the matter regarding the existing heritage building be referred to the Heritage Advisory Committee for Input" On February 5, 2009, pursuant to Council's resolution, the. Heritage Advisory Committee assessed the heritage matters related to the existing dwelling on the subject lands and recommended the following: "THAT it be recommended to Council that the applicant be requested to investigate options for relocation of the building; and THAT, failing any options for relocation, the Heritage Advisory Committee has no objection to the demolition of the Petchville House; on the condition that it be internally and externally documented and inventoried, and that any significant. heritage features be salvaged, prior to its destruction; and -3- PUBLIC PLANNING AGENDA ITEM # " `I April 22, 2009 April 22, 2009 - 4 - Report No..PL09-038 THAT it be recommended to Council that staff be requested to investigate the whereabouts of an existing commemorative plaque for the Community of Petchville". PROPOSAL AND COMMENTS . The following chart outlines the Business Park permitted uses identified in Official Plan Amendment No. 30 (Bayview Northeast Area 2B Secondary Plan), the permitted uses as identified in the Business Park category of the Zoning Bylaw, and the proposed uses as currently submitted by applicant. Business. Park OPA 30 Business Park Zone Proposed Uses as submitted by Permitted Uses Permitted Uses applicant Principal uses Business and professional Office (excludes Office and office/clinic medical offices office/clinic medical) (max size of clinic = 700m' GFA) Research, development, Research and training training facilities and facility Research and training facility laboratory uses Industrial and other Printing, media and Printing, media and employment uses communication communication establishment establishment Hospitality - Hotels and Hotels and Motels Motels Daycare Centres Day nursery Day nursery Secondary uses (subject to specific review by Council Health and Fitness Fitness centre Fitness centre Recreational Uses Private and commercial Private and commercial schools schools Banks or other financial Banks and financial institutions institutions Accessory uses (associated with principle or secondary use Limited retail and service Accessory Uses within Accessory Uses within an Office commercial uses subject an Office: or Office/Medical Clinic: section 3.5.2.c - Convenience retail store - Convenience retail - Dry cleaning distribution depot store - Motor vehicle rental - Dry cleaning distribution establishment depot - Personal service shop - Motor vehicle rental - Private club establishment - drive-thru restaurant (max - Personal service ship. 290m2GFA) - Private club - restaurant -4- PUBLIC PLANNING AGENDA ITEM # 1 - 5 April 22, 2009 April 22, 2009 - 5 - Report No. PL09-038 Changes to Proposed Uses: Following the December 17, 2008 Public Planning Meeting and in response to the concerns expressed at the Public Meeting regarding the scope of the proposed uses, in particular the retail and service commercial uses, the applicant has made the following changes to the Zoning By-law Amendment application: • Removed stand alone restaurant use • Included a provision that a restaurant is permitted to a maximum gross floor area of 290m2 conditional upon it being accessory to an office building • Removed Places of Worship use t Removed hotel and motel use • Inserted a maximum gross floor area for an office/clinic medical use to 700m2. Planning Considerations Regarding Proposed Uses as Submitted by the Applicant The Business Park lands are intended to be developed in a manner that achieves a high standard of urban design togetherwith quality and striking architecture within an integrated campus -like setting. Lands designated as Business Park by OPA 30 are also intended to provide a "mixture of high quality employment and a variety of supporting commercial and community services". Quality employment uses should comprise the majority of this overall mixture within the greater Business Park. Based on the Official Plan policies the following uses proposed by subject application are considered to be principle uses: - Business and professional offices - Research and training facility - Printing, media and communication establishment - Daycare Centre Secondary uses may be considered by Council subject to. a review of a specific development proposal and in consideration of Official Plan policies. Secondary uses proposed by the applicant are as follows: - Banks or Financial Institutions - Commercial Schools - Fitness Centre - Dry cleaning Distribution Depot (proposed as accessory use by the applicant) Since the approval of OPA 30, the Whitwell/Smart Centres development located to the north and stretching to Highway 404 has been approved. This development functions as a regional service commercial centre that serves both the business park and the greater community. As. such, staff are of the opinion that the objectives of OPA 30 to provide sufficient supporting commercial and secondary uses have been appropriately accommodated in the Regional Commercial Centre. Given that the primary objective of the Official Plan is to develop high quality employment uses within the Business Park, staff do not consider the proposed secondary uses as being appropriate within this designation. -5- PUBLIC PLANNING AGENDA April 22i 2009 ITEM# 1-s April 22 2009 - 6 - Report No. PI-09-038 In regard to the. proposed accessory uses to a principal office use, staff are of the opinion that the following uses would be compatible and conform to the Official Plan provided they are located within a building which is a principle use, such as an office building. - Convenience retail; - Personal Service Shop; - Private.Club; - Restaurant A dry cleaning distribution depot and a motor vehicle rental establishment are also not considered to be appropriate at this location. With respect to the accessory restaurant, it is noted that the restaurant use is now proposed to be integrated within the primary office use and represents approximately 25% of building GFA of Building A. In addition the proposed drive-thru component of the restaurant and its impact on the ability to achieve the objective of a high quality Business Park will need to be considered. Revised elevation renderings have been submitted and are attached as Figures 6-8 inclusive. Staff are of the opinion that the proposed elevations represent an improvement to earlier conceptual plans; however, will not undertake an architectural review until a formal site plan application has been submitted by the applicant. It is recommended that a site plan application be submitted and reviewed prior to the. approval of the related zoning bylaw amendment to ensure comprehensive review of.the architectural, urban design and landscaping requirements are addressed. The primary objective is to ensure that the.development of the site is in keeping with the achievement of a high quality Business Park. A site plan application for the proposed development will be required to.be submitted at a future date and reviewed for consideration at a future General Committee meeting. In summary staff support the revisions that have been made by the applicant and recommend eliminating additional proposed service commercial uses. However, it is further recommended that a site plan. application be submitted, reviewed and approved prior to the approval of the related zoning bylaw amendment. Such review will ensure that the development standards for the site are appropriate and that a comprehensive review of the architectural, urban design and landscaping requirements are addressed. Landscaping and Parking Requirements As Illustrated by the revised conceptual site plan attached as Figure 5, the applicant is proposing to comply with the standard Business Park zone landscape buffer requirements by providing a minimum 3m (10ft) unoccupied landscape strip along the north, east and southerly property boundaries. In addition, a 6m (20ft) uninterrupted landscape buffer is proposed along westerly property boundary abutting Leslie Street, which is in compliance with theparent BP zone standards. One exception is being proposed to the standard parent Business Park zone, which is the setback Building B noted on Figure 5 to Leslie Street, The applicant proposes a 6m (20ft) -6- PUBLIC PLANNING AGENDA April 22, 2009 April 22, 2009 - 7 - Report No. PL09-038 setback whereas the BP zone required 9m (30ft).. Based on the proposed floor area of development the proposed 161 parking spaces would comply with the minimum parking standard of the Zoning Bylaw. ALTERNATIVES TO 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 resolution of outstanding issues; 2. Resolving that the application be brought back to General Committee or a further. Public Meeting upon resolution of the major outstanding issues; 3. Refusal of the application with an explanation for the refusal. FINANCIAL IMPLICATIONS Not applicable. SERVICING ALLOCATION Not applicable. CONCLUSION The Planning Department has reviewed the revised zoning bylaw amendment application and the requested uses in the three buildings proposed forthe subject lands. The Owner's revised the application following the comments raised at the initial Public Meeting, in particular by the removal of the free standing restaurant use. As identified in this report, additional commercial. uses such as banks, commercial schools, fitness centres, dry cleaning and motor vehicle rental establishment have been identified as not meeting the intent of the Official Plan and are not considered appropriate for the site. The Ownerwill need to continue to work with the Planning Department and other interested stakeholders to ensure that the proposed uses and the future site plan meets the goals and objectives of the Official Plan. In particular, it is important that the objectives of protecting these lands for high order employment uses is maintained as well as ensuring that the lands are developed in a manner that achieves a high standard of urban design for this site. Should Council find merit in the above, it is recommended that Council approve the applications in principal, as modified by Staff and subject to the submission of a site plan application to ensure development provisions are satisfactory, -that an appropriate maximum GFA is implemented for accessory uses and that the form of development is in - 7- PUBLIC PLANNING AGENDA ITEM # r - 8 April 22, 2009 April 22, 2009 - 8 - Report No. PL09-038 n keeping with the Business Park design objectives. It is also recommended that the drive- thru be reviewed at the site plan review stage to assess whether it is appropriate to approve a drive-thru for the proposed accessory restaurant. ATTACHMENTS Figures Figure 1 — Location and Zoning Plan Figure 2 — Circulation Map Figure 3 — Official Plan Designation Map Figure 4 — December 17, 2008 Conceptual Site Plan Figure 5 — Current Conceptual Site Plan Figure 6 — Conceptual Building.A Elevations Figure 7 — Conceptual Building B North Elevation Figure 8 — Conceptual Building C North Elevation Appendix Appendix 1 — Summary of December 17, 2008 Planning Public Meeting comments Prepared by. Andrew Harper, MCIP RPP Planner Extension 4349 Marco Ram unno, M.C.I.P., R.P.P. Director of Planning and Development Services Neil Garbe Chief Administrative Officer IF:I PUBLIC PLANNING AGENDA /TGA/1 di 1 _ Q o. First Comrperce Dr Goulding Ave 3 0 c 'N �h � CL ti m 0 H I C o a ❑ D , (L O of > 0 1 3• PLI 1 i Z o H le z a W tL v O Q J 0 z zZ o z; m 0 �. ; Z a Z '� N J N O J a 06 = m W w Z Q, o Z O i4 F-ZQ T Q fl � t; `e V cai � w w O :3 0a�c� Ja�.LL I