AGENDA - Special Council - 20080625SPECIAL COUNCIL
PUBLIC PLANNING
NO.08-19
WEDNESDAY, IUNE 25, 2008
1:00 P.M.
COUNCIL CNAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
20/06/08
TOWN OF AURORA
SPECIAL COUNCIL - PUBLIC PLANNING MEETING
AGENDA
NO. 08-19
Wednesday, June, 25, 2008
7:00 p.m.
Council Chambers
DECLARATIONS OF INTEREST
11 APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda be approved as presented.
III PLANNING APPLICATIONS
IV READING OF BYLAWS
RECOMMENDED:
THAT the following listed by-law be given 1st, 2nd and 3rd readings, and
enacted:
5042-08.0 BEING A BY-LAW to confirm pg. 18
actions by Council resulting
from meeting 08-19 held on
Wednesday, June 25, 2008.
V ADJOURNMENT
Special Council — Public Planning Agenda No. 08-19 Page 2
Wednesday, June 25, 2008
AGENDA ITEMS
1. PL08-072 -Zoning By-law Amendment Application pg. 1
Monopoli Holdings Inc.
144 Wellington Street East
Plan 107, Part of Lots 4 and 5
File D14-07-08
RECOMMENDED:
THAT report PL08-072 be received as information and that Council
determine their position with respect to the application, subject to public
comments received.
2. PL08-073 - Zoning By-law Amendment Application pg. 11
Beswick Properties Yonge Street Inc.
14785 Yonge Street
File D14-08-08
RECOMMENDED:
THAT the Public Meeting report for Zoning Amendment Application,
Beswick Properties Yonge Street Inc., File D14-08-08 be received as
information; and
THAT any issues raised at the Public Planning Meeting be addressed by
the Planning and Development Services Department in a comprehensive
report outlining recommendations and options at a future General
Committee meeting.
PUBLIC PLANNING - JUNE 255 2008
AuRRA TOWN OF AURORA
PUBLIC PLANNING MEETING No. PL08-072
SUBJECT: Zoning By-law Amendment _ Application
Monopoli Holdings Inc.
144 Wellington Street East
Plan 107, Part of Lots 4 and 5
File Number: D14-07-08
FROM: Marco Ramunno, Director of Planning and Development Services
DATE: June 25, 2008
RECOMMENDATION
THAT report PLOS-072 be received as information and that Council determine their
positionwith respect to the application, subject to public comments received,
Proposal
The Owner has submitted -a zoning by-law amendment to amend the existing zone
category to permit the following additional uses:
• Residential;
• Business and professional offices; and,
• Retail uses.
The Owner is proposing to convert the existing residential dwelling to accommodate the
additional proposed uses outlined above. A mutual access (with the property
immediately to the west) from Wellington Street East is proposed and 18 parking spaces
have been provided. The only external renovations proposed to the building is a new
front porch. A formal site plan application has not yet been submitted by the Owner.
Notification
On June 3, 2008 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. To. date, no comments have been received by the Planning and
Development. Services Department.
BACKGROUND
Location/Land Use:
The subject lands are located on the north side of Wellington Street East and east of the
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June 25, 2008 _- -.2 Report No. PL08-072
GO 'transit Railway. The lands have an area of 0.10 hectares (0.25 acres); road
frontage of approximately 37 metres.(121,0.0 feet) along :Wellington Street East and has
an existing two storey single detached dwelling that is of.historical interest; and, a
detached garage (see Figure 1). The property is municipally known as 144 Wellington
Street East. The surrounding land uses areas follows:
North:
existing residential;
South:
Wellington Street East and the GO Transit Railway lands;
East:
existing commercial (LeGallais Animal Hospital); and,
West:
existing commercial (multi -unit commercial plaza).
The subject lands are designated "General Industrial" by the Town of Aurora Official
Plan. The lands are zoned "Restricted Industrial (M1-A) Exception Zone" within the
Town of Aurora By-law 2213-78, as amended.
COMMENTS
Planning Considerations
Legal Non -Conforming Status of Existing, Residential Use
The existing two -storey detached dwelling on the subject lands was built in 1913 and
used as residential property since. Therefore, this use existedprior to and at the time of
the adoption of the Official Plan for the Town of Aurora as early as 1968 and. passing of
the Town of Aurora Zoning By-law in 1978. Due to the existence and continuation of
the residential use of the property prior to the adoption and passing of the
aforementioned documents, the property is considered legal non -conforming in.this
regard:
Official Plan
The subject lands are designated "General Industrial" by the Town of Aurora Official
Plan. The Industrial designation of this property dates back to 1968 when York County,
prepared the Official Plan for the Town. The "General Industrial" designation applies to
existing and older Industrial areas of the Town and permits a wide range of -industrial
activities as outlined in Section, 3,3.2 of the Official Plan such as, manufacturing,
processing,, warehousing, wholesaling etc. With respect. to the uses propdsa by the
subject application, the residential ,use is not, a permitted use within the 'Industrial
designation of the Official Plan. ' While in.the context of the subject property, the
residential use exists and continues to exist with its legal non -conforming status, it
cannot be formalized as a permitted use as it does not conform with the Town's
Industrial policies. The intent of the Town's Industrial policies is to protect and 'establish
a range of employment opportunities in both the older and newer Industrial and
Business Park areas. Existing residential uses such as the subject site, are intended on
being phased out thereby allowing for future redevelopment in accordance with existing
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June 25. 2008 - 3 -' Report No. PL0M72
policies.
The Employment Area and General Industrial policies of the Official Plan, introduced as
part of Official Plan Amendment 66, were introduced to broaden the range`of uses within
industrial areas as well as preserve these lands based on the Province's Places to Grow
.employment land protection policies. These policies do not permit the conversion of the
employment lands (which all industrial lands are considered) to non -employment uses
except through a municipal comprehensive. review and subject to the criteria listed in
Section 3.3:4.1 A a) thru f) of the Official Plan. Based on the aforementioned, staff
cannot support the proposed residential use on the subject lands.
With respect to the business and office uses proposed as part of the subject application,
the uses are considered to conform to the general intent of the Industrial designation
policies however,. Section 3.3.2 A of the Official Plan states: "business and professional
offices and accessory uses shall also be permitted with the exception of medical offices"
Therefore, staff recommends a restriction on the permission of medical offices be
imposed within the by-law as per the Town's Official Plan policies.
Finally, with regard to the proposed retail uses for the subject property, there. is
permission for retail uses within the Official Plan policies however it is limited to the
extent that it "shall not detract from the character of the industrial area." The policies
generally permit 20% accessory retail.however, given that this is an existing building
Staff can support the main floor of the building which is only approximately 80 m2 (861
ft2) to be used for retail. The amount of floor.area will be implemented within the
provisions of the site specific zoning by-law:
Zoning
The applicant is proposing to amend the existing zone category to permit residential,
business and professional offices and retail.
In light of the Industrial designation by the Official Plan, staff cannot support a residential
use on the subject lands. However, based on the provisions of the Town's by-law,
namely Section 6.9 Continuation of Existing Uses the residential use of the subject lands
will be allowed to continue as legal non -conforming until the building is used for another
permitted use within the zone category.
With regard to the other proposed uses for the subject property, namely, business and
professional uses and retail, Staff have no objection to these uses subject to the
following conditions based on the Town's Official Plan policies: -
a) business and professional offices shall be permitted, excluding medical offices;
. and,
b) retail uses shall be permitted up to a maximum of 49% of the gross floor area
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PUBLIC PLANNING - JUNE 255 2008
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June 25, 200.8 - 4 - Report No. PL08-072
The above conditions are recommended to be included in a site specific by-law applying
to the subject property.
The. Building Department has undertaken a review of the subject proposal and identified
the following exceptions to the development standards of the M1-A zone category that
shall, be required. These are as follows:
• a manoeuvring aisle width of 6.0 metres (19.6 feet) whereas a minimum of 7.4
metres (24.27 feet) is required;
• an ingress and egress driveway width of 2.98 metres (9.7 feet) whereas the by-
law requires a minimum of 4.0 metres (13.1 feet);
• a buffer strip of 1.08 metres (3.54 feet) whereas the by-law requires a minimum of
1.5 metres (4.92 feet; and,
• a rear yard setback of 7.31 metres (24 feet) whereas the by-law requires a
minimum setback of 9.0 metres ( 29 feet).
The above .exceptions arise as a result of applying the development standards of the
MI -A zone category to the existing structures on the subject. property and not,as a result
of new development. Accordingly, Staff have no objection to the aforementioned
exceptions and will include these within the site specific provisions of the by law.
Upon the submission of a formal site plan application, further zoning exceptions to
recognize the existing structures may be determined and will also be included within the
zoning by-law forthis property.
.Access and Parking
The applicant is proposing a mutual access with the adjoining property to the west. The
Region of York was circulated the application as this portion of Wellington Street is
under the jurisdiction of the Region. Public Works staff and Region of York staff have
advised that they have no objection to the proposal however, as part of a formal site
plan application, the details of the proposed mutual :access will.be reviewed as well as
any requirements that are needed to construct the proposed access. Public Works staff
have also identified the need for an agreement between the two property owners related
to the mutual access which will be required as part of the site plan approval process.
The required parking for the subject proposal is 10 parking spaces based on 6 spaces
per 100m2. The Owner is providing 15 spaces which exceeds the minimum zoning by-
law requirement.
Heritage
The subject property is listed on the Aurora Register of Properties of Cultural Heritage
Value or Interest. The Owner proposes to preserve and enhance the viability of the
heritage. building through its conversion for the proposed uses that are the subject of this
MZ
PUBLIC PLANNING - JUNE 255 2008
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June 25, 2608 - 5 - Report No. PL08-072
zoning amendment application. If the subject proposal is approved, a site plan
application will be required for the conversion of the existing dwelling to any use other
than the current residential use of the property. Through the site plan approval process,
details of the proposed new front porch and any other exterior works that may be
proposed will be evaluated to ensure that the integrity of the building is preserved.
Department Comments/Region of York Transportation Services
All Town Departments and the Region of York Transportation Services have reviewed
the subject zoning by-law amendment application and have no objection to the proposal
in principle. The applicant has not yet submitted a formal site plan application for the
proposed development. As part of the site plan review process, Town Departments
along with the Region of York will work with the applicant regarding site development
matters, including the site access design, parking layout and landscaping.
Leisure Services staff have requested a Vegetation Management Report be prepared by
a certified arborist to address the following:
a) Vegetation inventory and assessment in accordance with Town standards;
b) Clear indication of the trees to be removed and those to remain;
c) Preservation methods fore trees designated to remain; and,
d) Compensation planting to address the toss of trees.
The recommendations of said report will be implemented through a, subsequent site plan
application.
FINANCIAL IMPLICATIONS
Not applicable.
LINK TO STRATEGIC PLAN
Goat B:
To promote a sustainable community that respects its historic culture and character, and
embraces diverse cultural development and renewal with sound environmental
management and business development activity.
Objective 61:
To plan for the future to continue controlled and well -planned growth
Link to Goals and Objectives
Review of the subject application through the zoning by-law amendment process
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PUBLIC PLANNING - JUNE 25, 2008
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June: 25, 2008 - 6 - Report No. PL08-072
contributes to the development of a well -planned and sustainable community.
SERVICING ALLOCATION
Not applicable.
PROVINCIAL POLICY STATEMENT
The subject application Is consistent with the policies of.the Provincial Policy Statement.
OPTIONS
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; or
Resolving that the application be brought back to Committee or a further Public
Meeting upon resolution of the major outstanding issues, or
3. Refusal of the application.
CQNCLUSION
An application has been submitted for a zoning by-law amendment to permit residential;
business and professional offices; and, retail .uses -as additional uses 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, staff recommends the zoning
amendment application be approved in principle subject to staffs recommendations
regarding the restriction on the residential use of the property, the exclusion of medical
offices and a limitation on retail uses and the resolution of any outstanding issues.
ATTACHMENTS
Figure 1 - Location Plan
Figure 2 — Proposed Conceptual Plan
Figure 3 — Proposed Porch Addition
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PUBLIC PLANNING - JUNE 25, 2008
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June 25, 2008 - 7 - Report No. PL08-072
PRE -SUBMISSION REVIEW
Management Team Meeting -June 18, 2008
Prepared by. Deborah Glannetta, M.Sc.PI.
Planner, Extension 4347
Marco R n , M.C.LP., R.P.P.
Director of Planning and Development
Services
-7-
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C.A.O.
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PUBLIC PLANNING - JUNE 255 2008
2-1
AukTOWN OF AURORA
PUBLIC PLANNING MEETING No. PL08-073
SUBJECT: Zoning Bylaw Amendment Application
Beswick Properties Yonge Street Inc.
14785 Yonge Street
File Number: D14-08-08
FROM: Marco Ramunno, Director of Planning and Development Services
DATE: June 25, 2008
RECOMMENDATION
THAT the Public Meeting report for Zoning Amendment Application, Beswick
Properties Yonge Street Inc., File: D14-08-08 be received as information; and that
any issues raised at the Public Planning Meeting be addressed by the Planning
and Development Services Department in a comprehensive report outlining
recommendations and options at a future General Committee meeting.
Proposal
Beswick Properties Yonge Street Inc. has submitted a zoning by-law amendment to
rezone the subject lands from "Service Commercial (C3) Zone" to a site specific
"Central Commercial (C2) Exception Zone" to permit a bank (with a drive through),
retail stores and office uses on the second floor.
Public Notification
On June 3, 2008 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. To date, no comments have been received by the
Planning and Development Services Department. Any comments received will be
addressed in the technical review and included in a comprehensive report at a future
General Committee meeting.
BACKGROUND
Location/Land Use:
The subject lands are located on the east side of Yonge Street, (municipally known as
14785 Yonge Street), just north of Edward Street. The property is 0.47 hectares (1.17
acres) in size; has a road frontage of approximately 79 metres (259 feet) along Yonge
Street; and, contains two (2) existing buildings associated with the former Aurora Toyota
Car Dealership (see Figure 1). The surrounding land uses are as follows:
North: existing commercial (retail commercial plaza);
South: existing commercial (fitness centre)
East: Dr. G.W. William Secondary School; and,
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PUBLIC PLANNING - JUNE 25, 2008
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June 25, 2008 -2- Report No. PL08-073
West: Yonge Street and existing commercial (No Frills plaza)
Official Plan
The subject lands are designated "Community Commercial Centre" by the Town of
Aurora Official Plan.
Zoning
The subject lands are zoned "Service Commercial (0) Zone" within the Town of
Aurora By-law 2213-78, as amended. The C3 Zone permits a full range of commercial
uses, however, a bank, offices and a drive through are not permitted. Therefore, an
amendment to the zoning by-law is required.
Proposed Site Development
The Owner proposes to redevelop the subject lands for a multi -unit commercial building.
comprised of a bank with drive through, retail stores and offices. on the second floor
(See Figures 2 and 3). Details of the proposed development are as follows:
• Building Size: 2882.77m2 (31,030 ft2)
• Number of Buildings: 1
• Building Height: 2 storeys
• Parking: 133 spaces (inclusive of 3 wheelchair accessible spaces)
• Loading: 2 loading spaces
•. Access: two full moves access are proposed at the north and south ends of the
site.
The two (2) existing buildings on the subject lands are proposed to be demolished and
be replaced by a two -storey building. The proposed drive through associated with the
bank will be located at the north end of the site. The minimum parking requirement for
the proposed building is 130 parking spaces. 133 have been provided of which 100
parking spaces will be provided underground.
To facilitate the proposed development as outlined above, the following site specific
development standards are also proposed:
• a drive through as a permitted use (associated with the bank);
• deletion of buffer strip requirements;
to permit parking in front yard and below grade; and,
• to permit two (2) loading spaces only.
The Owner will be required to submit a formal site plan application for review at which
time a more detailed zoning review will be done to identify any other exceptions that
may be required to facilitate the proposed development.
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PUBLIC PLANNING - JUNE 25, 2008
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June 25, 2008 .3- Report No. PLO$-073
COMMENTS
Preliminary Review
A preliminary review of the proposed application has been undertaken by the Planning
and Development Services Department. Staff have identified the following matters to
be addressed in greater detail:
1) conformity with applicable Provincial, Regional and Town policies;
2) consideration of the subject application relative to existing and future
surrounding land uses to assess the compatibility and appropriateness of the
proposed amendment to the zoning by-law; and,
3) review of a Traffic Impact Study.
SERVICING ALLOCATION
Not applicable.
FINANCIAL IMPLICATIONS
This will be addressed when a technical review of the proposal is completed.
LINK TO STRATEGIC PLAN
The applicability of the subject application to the Strategic Plan will be determined when
the technical review is completed.
CONCLUSIONS
Planning Staff will undertake a technical review of the subject proposal addressing the
above outlined matters as well as the comments received from the Public and Council
raised at the Public Planning Meeting. A comprehensive report with recommendations
and options will be presented to Council for consideration at a future General
Committee meeting.
ATTACHMENTS
Figure 1 - Location Plan
Figure 2 - Proposed Site Plan
Figure 3 - Proposed Building Elevations
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PUBLIC PLANNING - JUNE 25, 2008 2-4
June 25, 2008 - 4 - Report No. PL08-073
PRE -SUBMISSION REVIEW
Management Team Meeting — June 18, 2008
Prepared by. Deborah Giannetta, M.Sc.P1., Planner
.Extension 4347
Marco Raaaldhno. MCIP, RPP John Rogers
Director of Planning and C.A.O.
Development Services
14-