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AGENDA - Special Council - 20081217SPECIAL COUNCIL PUBLIC PLANNING Uld I Ll I if NO.08-33 WEDNESDAY, DECEMBER 11, 2008 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE 12/12/08 TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 08-33 Wednesday, December 17, 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 BY-LAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5097-08.0 BEING A BY-LAW to Confirm Actions by pg. 35 Council Resulting From Special Council — Public Planning Meeting 08-33 on December 17, 2008 V ADJOURNMENT Special Council — Public Planning Meeting 08-33 Wednesday, December 17, 2008 Page 2 AGENDA ITEMS 1. PL08-131 —Zoning By-law Amendment Application pg. 1 Vinder Holdings Inc. 15195 Leslie Street Part of Lot 20, Concession 3, E.Y.S. File D14-04-08 RECOMMENDED: THAT report PL08-131 be received as information; and THAT Council determine its position with respect to the rezoning application, File D14-04-08 (Vinder Holdings Inc.), subject to public comments received. 2. PL08-130 — Official Plan Amendment pg. 14 Bill 51 — Site Plans (Exterior/Sustainable Design) File D09-01-08 RECOMMENDED: THAT report PL08-130 be received as information; and THAT Council direct staff to continue working on the proposed official plan amendment dealing with the site plan control provisions of Section 41 of the Planning Act, subject to public comments received, and bring a final draft forward for Council's adoption in the future. PUBLIC PLANNING DECEMBER 17, 2008 ITEM# 1-1 i TOWN OF AURORA AURORA PUBLIC PLANNING MEETING No. PL08-131 SUBJECT: Zoning By-law Amendment Application Vinder Holdings Inc. 15195 Leslie Street Part of tot 20, Concession 3, E.Y.S. File: 014-04-08 FROM: Marco Ramunno, Director of Planning and Development Services DATE: December 17, 2008 RECOMMENDATIONS THAT report PL08-131 be received as information and that Council determine their position with respect to the rezoning application file:D14-04-08 (Vinder Holdings Inc.), subject to public comments received. PROPOSAL The applicant has submitted a Zoning By-IawAmendment application to rezone the subject lands from "Rural General (RU) Zone" to a site specific "Business Park (BP-X) Exception Zone", to permit the following primary uses: • Hotel • Motel • Offices including medical clinics, with accessory commercial • Printing, media and communications establishment • Public authority Research and training facility • Day nursery + Banks and other financial institutions Fitness centre • Places of worship • Private and commercial schools + Restaurant, drive-thru In addition, the applicant is proposing the following accessory uses within an office: • Convenience retail store • Dry cleaning distribution depot • Motor vehicle rental establishment • Personal service ship • Private club - 1 - PUBLIC PLANNING - DECEMBER 175 2008 ITEM # 1-2 December 17, 2008 - 2 - Report No. PLO8-131 restaurant The following exceptions to the standard Business Park landscape buffer requirements are also proposed: Reduce the required northern lot line bufferfrom 3m (10ft) to 1.65m (5.5ft); To permit a restored building of heritage interest to be located within the 6m (20fl) western lot line landscape buffer; and To permit a play area within the required landscape buffer A formal site plan application will be required to facilitate the proposed development. NOTIFICATION On November 25, 2008 Notice of a Public 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, and a sign was posted along the Leslie Street frontage of the subject lands. As of December 10, 2008, inquiries have been received by the Planning Department respecting the nature of the application; however, no written comments have been received. BACKGROUND Location As illustrated by Figure 1, 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 Leslie Street. 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. 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 (Bayview Northeast Area 2B Secondary Plan). to provide opportunities for a mix of high Park" by Official Plan Amendment #30 The Business Park designation is intended quality employment uses and . supporting -2- PUBLIC PLANNING - DECEMBER 17, 2008 ITEM # December 17, 2008 - 3 - Report No. PL08-131 commercial uses that satisfy local and regional needs. Restaurants, limited retail and service commercial activities are also allowed but only as permitted by Council and subject to strict control by the implementing Zoning By-law. In addition to these uses, lands designated as Business Park are intended to be developed, designed and landscaped in a high quality and prestigious manner. Zoning By-law A zoning amendment application has been submitted to rezone the subject lands from "Rural General (RU) Zone" to a site specific 'Business Park (BP-X) Exception Zone" to permit the lands to be developed with a free-standing restaurant with drive-thru, a 1 to 3- storey multi -unit building containing primarily office uses, and a planned 2-storey free- standing building to be utilized as a day nursery. Conceptual Development Plan The applicant has submitted a conceptual site plan with the rezoning application. Access, Layout, and Parking As illustrated by Figure 3, access to the subject lands is provided at the southern property limit of the Leslie Street frontage. Exclusive right (northbound) and left.(southbound) egress turn lanes are proposed for departing the subject lands, which will require tapering within the Regional right-of-way. Such matters will be addressed through the site plan process. The owner proposes a 1 to 3-storey multi -unit building and a 2-storey free-standing building, which are oriented along the southern lot line (see concept elevations - Figure 5). At the north end of the site is a proposed free-standing restaurant with drive-thru (Tim Hortons — see concept elevation Figure 4) designed to manage the stacking of 13 vehicles. At the end of the stacking lane is an identified future driveway connection to the lands to the east, which are also designated as Business Park. On the western side of the property is the existing vacant dwelling which is proposed to be retained and converted into one of the proposed uses, most likely a professional office. The proposed Zoning By-law requires the subject lands provide on -site parking at a rate of 5.4 spaces per 100m2 of gross floor area, which is similar to the Town standard for large shopping centres. The minimum parking requirement under the proposed By-law for the conceptual development is 180 parking spaces, where 185 spaces are proposed. . Landscape Requirements As illustrated by the concept site plan, the proposed Zoning By-law provides for the following landscape requirements: a 6m (19.5ft) minimum landscape buffer strip to Leslie Street with an exception to enable the retention of the existing building in its current location; a 1.65m (5.5ft) minimum landscape buffer strip along the northern lot line adjacent -3-. PUBLIC PLANNING - DECEMBER 17, 2008 ITEM # - a December 17, 2008 - 4 - Report No. PL08-131 to the Shell service station; a 3m (I Oft) minimum landscape buffer strip along the southern and eastern lot lines save the proposed play area identified in the southeast corner of the conceptual site plan. COMMENTS Planning Considerations Proposed Uses Business Park lands are intended to provide a mixture of high quality employment and service commercial uses. Quality employment uses should comprise the majority of this overall mixture within the greater Business Park and should establish a base of professional services and knowledge base industries. Accordingly, subject to comments received, Staff have no objection to the proposed usIesthat offer higher order employment opportunities. These uses include: • Printing, media and communications establishment Public authority • Offices including medical clinics, with accessory commercial • Research and training facility s Banks and other financial institutions However, the following uses will need to be reviewed in the context of the applicable Official Plan policies and in consideration of the existing and future surrounding land uses to assess the compatibility and appropriateness of the proposed zoning amendment: • Hotel • Day nursery • Fitness centre • Places of worship • Private and commercial schools • Restaurants In particular, the Planging Department has raised a concern with the applicant over the proposed free-standing restaurant with drive-thru (Tim Hortons) and Section 3,5.2.d) of the Bayview Northeast Secondary Plan states: "it is intended that restaurants be developed within hotel, motel or office buildings. Where free-standing restaurants are proposed, Council shall consider those applications based on the following: i) the proposal will not result in an undesirable concentration of such uses; ii) the proposal will not create problems regarding traffic congestion, site access or on -site traffic circulation; and iii) the proposed building and site design of the restaurant is consistent with -4- PUBLIC PLANNING - DECEMBER 17, 2008 ITEM # 1 December 17, 2008 - 5 - Report No. PL08-131 the character and quality of development in the Business Park." Therefore, although restaurants are intended to be developed within a hotel/office building, the Official Plan permits Council to consider Zoning By-law Amendment applications that propose free-standing restaurants based on the criteria above. Staff have evaluated the prescribed criteria and are of the following opinion: Undesirable concentration — Given the 8 existing and 3 future restaurants within the Wh.itwell/Smart Centres development located to the north and stretching to highway 404, and that additional primary Business Park uses may need to be more fully developed within the greater Business Park area prior to the consideration of additional free-standing restaurants, the proposed free-standing restaurant may contribute to an undesirable concentration of such uses. In addition, it is acknowledged that the Esso service station located at the northwest corner of Wellington Street East and Leslie Street contains an interior Tim Hortons facility, which also provides drive-thru service. ii) Traffic —The applicant has submitted a Traffic Impact Study, which has been reviewed by Public Works Department and York Region's transportation staff. York Region has advised that they are in general agreement with the traffic study provided, and both Town Staff and the Region are requesting that approval of the development be subject to the submission and approval of a Site Plan application. III) Character and quality —The proposed free-standing restaurant with a drive- thru is not considered to be consistent with the envisioned character and quality of the Business Park. Restaurants, retail and service commercial uses were not originally contemplated as primary uses for the Business Park area, but as secondary uses that may be permitted and integrated as part of the primary higher order uses. Given the above, Staff are of the opinion that the proposed free-standing restaurant with drive-thru does not maintain the primary intent of the Official Plan and do not support this particular use. However, consideration could be given to permitting a restaurant use as an integrated part of and located internal to a primary use on the subject lands. Heritage The applicant intends to retain and restore the existing building on the subject lands, which will most likely be utilized as a professional office in the future. York Region has advised that the location of this building will not adversely, impact the future planned function or widening plans of Leslie Street. Accordingly, Staff support the applicant's proposal in this regard. Urban Design The Business Park lands are intended to be developed in a manner that achieves a high -5- PUBLIC PLANNING - DECEMBER 17, 2008 ITEM # 1-6 December 17, 2008 - 6 - Report No. PL08-131 standard of urban design together with quality and striking architecture within an integrated campus -like setting. Staff are of the opinion that permitting a free-standing restaurant with a drive-thru facility as a permitted use, together with the minimal proposed landscaping requirements, adversely impacts the intended quality of urban design on the subject lands and within`the greater Business Park. Department and Aaencv Comments Economic Development The Economic Development Officer does not support the subject application for the following reasons: The Town's Economic Development Strategy notes that the Wellington/404 area (Business Park) is a major asset intended to attract "New Economy Businesses" such as technology, biotech, telecom and other similar businesses. "New Economy" business demand high profile and highly accessible lands which the Wellington/404 (Business Park) lands are. The application does not provide for any of these "higher end" industrial investments. Rather, the application is primarily commercial. The application provides limited high quality employment opportunities. - "Services' should not precede the intended quality employment uses. Leisure Services Leisure Services has no objections to the proposed uses; however, do not support reductions of standard. landscape buffer strips of the Council approved Business Park zone. It is recommended that that the applicant maintains a 3m (10ft) minimum landscape buffer strip along the north, east, and southern property boundaries. Addition Departments and Agencies The following departments and agencies have no objection to the application in principle subject to the submission of a site plan application where detailed comments will be made: - Public Works Department - Building Department - Central York Fire Services - York Region Transportation Services Department -6. PUBLIC PLANNING - DECEMBER 17, 2008 ITEM # 1 - 7 December 17, 2008 - 7 - Report No. PL08-131 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 2. Resolving that the application be brought back to General Committee or a further Public Meeting upon resolution of the major outstanding issues, or 3. Refusal of the application. FINANCIAL IMPLICATIONS Not applicable at this time. LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens. Objective D3: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision -making. Link to Objectives and Goals: The Strategic Plan contains objectives and goals to ensure transparent, accountable and open governance in concert with informed and involved citizens. Review of the subject, application through the Zoning By-law Amendment process, inclusive of holding a Public Planning Meeting, contributes to meeting these objectives and goals. SERVICING ALLOCATION Not applicable. CONCLUSION An Application has been submitted to amend the Zoning By-law to permit a variety of business, hospitality, institutional and -commercial uses. Subject to Council and public comments received for further consideration, the primary concern of Staff leading into the subject Public Planning Meeting is the proposed free-standing restaurant use with drive- thru, as well as any reductions to standard Business Park landscape requirements. It is recommend that report PL08-131 be received as information and that Council determine their position with respect to the application, subject to public comments received. 7- PUBLIC PLANNING - DECEMBER 17, 2008 ITEM # 1- 8 December 17, 2008 - 8 - Report No. PL08-131 ATTACHMENTS Figures Figure 1 — Location and Zoning Plan Figure 2 — Official Plan Designation Map Figure 3 -- Proposed Conceptual Site Plan Figure 4 — Proposed Building A Elevations (Tim Hortons) Figure 5 — Proposed Building B and C Elevations PRE -SUBMISSION REVIEW Management Team Meeting — December 10, 2008 Prepared by: Andrew Harper, MCIP RPP Planner Extension 4349 -------------- Marco a Unno, M.C.LP., R.P.P. 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