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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 - 1 - PUBLIC PLANNING - JUNE 255 2008 1-2 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 -2. PUBLIC PLANNING - JUNE 255 2008 1-3 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 -3- PUBLIC PLANNING - JUNE 255 2008 7.-4 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 1.5 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 -5- PUBLIC PLANNING - JUNE 25, 2008 1-6 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 -6- PUBLIC PLANNING - JUNE 25, 2008 1-7 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- -6h Rogers; C.A.O. -lei $T PUBLIC P ANNING - JUNE 25, 2008 N AmNd leij}snpul S A^^4d lelizsnpul m a s E 4 y D p � m ro m m ro 0 N +C. cm cy C saao aa�ua� L Q � N a w 4 W Lu o 5 LL � 0 3 ti z ❑ m L V Q ro y/ � <jf ::•l.'i'.':�: Cis : Y'. ;;.^:5:-:;:i:: is •'•: � � ry � Lu W m �S �S SSON awl I!sueji- Gml!e y z is Azoaag z a; Zs Oo 2 J co Ur 0.9W z9 a Z UJ 1 l PUBLIC PLANNING - JUNE 25, 2008 V ss. L 0 r Cp 6 �I o Z ICQ r, L r c r Ip 5 cl- LLJ z o', W�p cf• D�. r c�9i t^ _ � a ce sa Up rWN g fs �pN `-. N z gg YA S p � � N µ 4 LLJ C gLmN '0a u RM VII�� _ o�� p �i 8 y N RETPINING L o r �sr 3 � cj1lr o Q � �O a LLI L) Z O U UN Gz uw o �o � ooW O^ j PUBLIC PLANNING J UNE 25, 2008 i' ❑ t� O_ 'i L l Q Ld cq ck Ld ly vlA L. y ! N P v. H SM JtiL - Y54i L � 4 Ij o- f I . z sty P E Q O 1 _ W w O OLu F-I— { O 3 m } N m C 0 a 0 Q O F- II O <.i 0 U 0. ? 0 i Wo !R °x a :jCO M O Or' 2 9 IL 'm 8 LL 10- 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, -11- PUBLIC PLANNING - JUNE 25, 2008 2-2 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. -12- PUBLIC PLANNING - JUNE 25, 2008 2-3 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 -13- 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-