AGENDA - Special Council - 20070627SPECIAL COUNCIL
PUBLIC PLANNING
AGENDA
NO, 07-17
WEDNESDAY, DUNE 27, 2007
7:00 P.M.
COUNCIL CHAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
22/06/07
/_- --
AumoxA
TOWN OF AURORA
SPECIAL COUNCIL - PUBLIC PLANNING MEETING
AGENDA
NO. 07-17
Wednesday, June 27, 2007
7:00 p.m.
Council Chambers
I DECLARATIONS OF INTEREST
II APPROVAL OFAGENDA
RECOMMENDED:
THAT the agenda as circulated by the Corporate Services Department be
approved.
III PLANNING APPLICATIONS
IV READING OF BYLAWS
RECOMMENDED:
THAT the following listed by-law be given 1st, 2nd and 3rd readings, and
enacted:
4932-07.0 BEING A BY-LAW to Confirm Actions pg. B-1
by Council Resulting From Meeting
07-17 on Wednesday, June 27, 2007.
V ADJOURNMENT
Special Council — Public Planning Meeting No. 07-17 Page 2
Wednesday, June 27, 2007
AGENDA ITEMS
1. PL07-087 - Zoning By-law Amendment Application pg. 1
Robert Delcourt and Rui Chan Lin
268 Kennedy Street West
Part Lot 79, Concession 1 King,
Part 4, 65R-27428
File D14-05-07
RECOMMENDED:
THAT report PL07-087 be received as information and that Council
determine their position with respect to the application, subject to public
comments received; and
THAT servicing allocation for two (2) residential infill building lots be
considered at the time of the passing of the Zoning By-law.
2. PL07-065 — Official Plan Amendment and Zoning By-law pg. 12
Amendment
Drive -Through Policies & By-law Provision Additions
Files D09-01-07 & D14-06-07
RECOMMENDED:
THAT report PL07-065 be received as information and that Council
determine their position with respect to the application, subject to public
comments received.
PUBLIC PLANNING — JUNE 27, 2007
AGENDA ITEM # 1
TOWN OF AURORA
AURORA PUBLIC PLANNING MEETING
No. PL07-087
SUBJECT: Zoning By-law Amendment Application
Robert Delcourt and Rui Chan Lin
268 Kennedy Street West
Part Lot 79, Concession 1 King,
Part 4, 65R-27428
File Number D14-05-07
FROM: Sue Seibert, Director of Planning and Development Services
DATE: June 27, 2007
RECOMMENDATION
THAT report PL07-087 be received as information and that Council determine their
position with respect to the application, subject to public comments received.
THAT servicing allocation for two (2) residential infill building lots be considered at
the time of the passing of the Zoning By-law.
BACKGROUND
Location/Land Use
The subject lands are sited south of Wellington Street West, east of Bathurst Street and
west of Yonge Street (see Figure 1). As illustrated on Figure 2, the subject property is
located on the immediate northeast corner of Kennedy Street West and Lensmith Drive,
and is municipally described as 268 Kennedy Street West. The subject lands have the
following characteristics:
■ total site area of approximately 1,608.10 sq. metres (0.40 acres);
• 33.51 metres (109.94 ft) of frontage along Kennedy Street West;
■ 47.98 metres (157.42 ft) of flankage along Lensmith Drive;
• original residence at 268 Kennedy Street West was demolished in 2005; and
• subject lands are currently vacant.
Surrounding Uses
The surrounding land uses are as follows
North: Existing detached residential (R2-82 zoned lands);
South: Kennedy Street West, beyond which is existing detached residential (R2-20
zoned lands);
East: Existing residential [Holding (H) zoned lands]; and
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PUBLIC PLANNING — JUNE 27, 2007
June 27 2007 -2- Report No. PL07-087
West: Lensmith Drive, beyond which is existing detached residential (R2-25 zoned
lands).
Official Plan
The subject lands are designated "Urban Residential' by the Town of Aurora Official Plan
(see Figure 3). Permitted uses in the Urban Residential designation include a wide range
of housing forms and densities, including single detached residential dwellings, accessory
uses, and compatible home occupations. The subject lands are also designated as "Oak
Ridges Moraine Settlement Area" by Official Plan Amendment No. 48, which was adopted
by Council on October 22, 2003 and approved by the Minister on October 21, 2004. The
subject lands are located within an area of high aquifer vulnerability and within the
Landform Conservation Area (Category 2) landform class. The applicant has indicated that
minimum disturbance to landform character during design and construction will be
maintained through best management practices. In order to develop the site for housing
that is consistent with the existing development in the surrounding neighbourhood, and
original subdivision, the applicant acknowledges that it may not be possible to meet the
standard for impervious surfaces of the site area. However, in accordance with section
3.13.4(f)(x) of the Official Plan, which states:
3.13.4(f)(x) Notwithstanding any other policies of this Plan to the contrary, within
Landform Conservation Areas (Category 1 and Category 2), in the
Oak Ridges Moraine Settlement Area, the Town of Aurora shall
review and assess all applications for development or site alteration
on the basis of employing planning, design and construction
practices that will keep disturbance to the landform character to a
minimum, if possible, so as to satisfy the requirements of
Subsections 30(5) to 30(11), inclusive (Landform Conservation
Areas) of the Oak Ridges Moraine Conservation Plan.
The applicant has indicated that best efforts will be made to achieve an outcome as close
to the standard as possible and staff concur that the applicant has demonstrated that the
proposed redevelopment of the lands meets the intent of the Official Plan. The applicant
has also submitted a Natural Heritage Evaluation as required by OPA 48, which concluded
that the proposed redevelopment of the lands would not impact the ecological integrity of
the Oak Ridges Moraine. The subject rezoning application is in keeping with the objectives
and policies contained within the Official Plan and has demonstrated compliance with OPA
48.
Zoning By-law
The subject lands are currently zoned "Detached Dwelling First Density Residential (R1-38)
Exception Zone by the Town of Aurora Zoning By-law 2213-78, as amended (see Figure
4). The residential lotting as proposed by this application is not permitted within this zone
category. An amendment to the Zoning By-law is required to rezone the subject lands from
the current zoning to a "Detached Dwelling Second Density (R2-X) Exception Zone" to
permit the development of the lands for 2 new residential infill building lots (for a total of 3
residential lots) as proposed by the applicant.
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PUBLIC PLANNING — JUNE 27, 2007
June 27, 2007 .3- Report No. PL07-087
PROPOSAL
The purpose of the subject application is to amend the Zoning By-law to permit a 3 lot infill
residential development. The applicant has submitted a preliminary plan showing the size
and orientation of the proposed parcels and building envelopes (see Figure 5). The
applicant is proposing 2 new lots on the property in order to facilitate the construction of 3
new residential detached dwellings. The applicant has also indicated that driveway access
for all 3 lots will be provided off of Lensmith Drive.
COMMENTS
Planning Considerations
The lands are designated "Urban Residential" by the Official Plan. As noted, the "Urban
Residential" designation permits a range of dwelling types that include single detached
dwellings as proposed by the subject development. The proposed lot frontages and areas
are consistent to those in the surrounding neighbourhood. Low density areas allow for up
to 25 units/ hectare (10 units/ acre). The subject proposal would have a density of 7.5
units/ acre. The subject application conforms to this requirement.
The proposal to permit a residential infill development on the subject lands is considered
compatible with surrounding residential R2 zoned land uses. In staff's review of the subject
application, the site specific zoning designation proposed — "Detached Dwelling Second
Density Residential (R2-X) Exception Zone" —will not impact on the residential uses of the
neighbourhood. Given the above, the subject proposal represents a supportable
development application from a land use planning perspective.
The severance of the lands into 3 separate parcels would occur through a subsequent
application for consent to the Committee of Adjustment.
Oak Ridges Moraine
The lands are on the Oak Ridges Moraine (ORM) and therefore, the applicant is required to
demonstrate compliance with the provisions of the policies of Official Plan Amendment No.
48, the Oak Ridges Moraine Conservation Plan, the Oak Ridges Moraine Conservation Act,
2001, and the Planning Act. The requirements of the ORM were satisfied in accordance
with the objectives and policies contained within the Official Plan.
Department and External Agency Comments
Staff have circulated the application to departments and external agencies for review and
the following comments have been provided. The Town's Community Planner has
reviewed the subject application and has no objection to the proposed zoning amendment.
A condition of approval of the future severance application will require that the exterior
design of the proposed dwellings be approved by the Community Planner to ensure
compatibility with the neighbouring homes. The Public Works Department has no objection
to the proposed zoning amendment in principle, however requested that as a condition of
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PUBLIC PLANNING — JUNE 27, 2007
June 27, 2007 - 4 - Report No. PL07-087
approval of the future severance application, the owner enter into a Development
Agreement with the Town and that the owner agrees to fulfil the Kennedy Street Cost
Sharing Agreement obligations prior to the execution of the Development Agreement. The
proposed driveway access locations for all 3 lots off of Lensmith Drive will be reviewed with
the future severance application.
The Building Administration Department has reviewed the application and has noted that a
demolition permit for the removal of the dwelling and garage was issued, however final
inspection is required by the Building Department. Comments received also indicate that a
permit for the decommissioning of the septic system will be required.
The Leisure Services Department has reviewed the application and has commented on the
impact that the proposed redevelopment would have on existing vegetation. Existing
vegetation includes an existing hedgerow along the eastern limit of the property. Leisure
Services Staff recommend tree preservation measures be implemented during the
development of the lots to ensure the protection and viability of the hedgerow vegetation.
The applicant has indicated in the proposal that the existing hedgerow will be maintained.
Comments received from the Corporate Services Department indicate no concerns or
objections to the proposal. The Central York Fire Services Department have reviewed the
application and have advised that they have no objection to the proposed by-law
amendment. PowerStream Inc was circulated, however did not provide comments on this
application.
Public Comments Received To -Date
One resident that lives in the subdivision has telephoned and expressed general concerns
with respect to the unkempt appearance of the subject lands. No written comments or
concerns from the public have been received to -date.
PROVINCIAL POLICY STATEMENT (PPS)
There are no conflicts with the policies of the Provincial Policy Statement as a result of this
application.
SERVICING ALLOCATION
The redevelopment of the lands requires servicing allocation for 2 new lots. The existing
lot does not require allocation. Servicing capacity is available for this scale of
development. Should the application receive support, servicing allocation may be available
from the Core Area Infill amount.
FINANCIAL IMPLICATIONS
Development charges and other associated development fees will be generated as a result
of the subject development proposal.
—4—
PUBLIC PLANNING — JUNE 27, 2007
June 27, 2007 - 5 - Report No. PL07-087
LINK TO STRATEGIC PLAN
The Strategic Plan contains objectives to ensure high quality, comprehensive community
planning to protect the overall investment of citizens in the community. Critical review of
the subject application through the Zoning By-law Amendment process will contribute to
the facilitation of these goals.
OPTIONS
At the Public Planning Meeting, taking into consideration comments from staff and
residents, Council has the option of;
a) Approving the bylaw amendment application in principle, subject to the resolution
of outstanding issues;
b) Resolving that the application be brought back to a further Committee Meeting or
Public Meeting upon resolution of major outstanding issues; or
c) Denying the bylaw amendment application outright.
Should Council determine there is merit in the subject application, it is suggested that
approval of the Implementing Zoning By-law be subject to the approval by the Committee
of Adjustment for the severance of the 3 lots.
CONCLUSIONS
An application has been submitted for a Zoning By-law Amendment to amend the zoning
on the subject lands from "Detached Dwelling First Density Residential (R1-38) Exception
Zone' to "Detached Dwelling Second Density (R2-X) Exception Zone' to permit a 3 lot infill
residential development. The applicant has demonstrated compliance with the ORMCP
and Official Plan Amendment No. 48. Therefore, the subject rezoning application is in
keeping with the objectives and policies contained within the Official Plan. Staff have no
objection to the subject application. Should Council determine there is merit in the
proposal subject to public comments received, it is suggested that Council approve the
application in principle subject to the approval of a consent application. The site specific
zoning by-law will include building setbacks and lot coverage to ensure compatibility with
the surrounding neighbourhood.
As a condition of severance, the applicant will be required to enter into a Development
Agreement with the Town. This would ensure the lands will be developed in accordance
with tree preservation and municipal engineering standards and its compliance with the
Implementing By-law.
ATTACHMENTS
Figure 1 — Overview Plan
Figure 2 — Location Plan
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PUBLIC PLANNING - JUNE 27, 2007
June 27, 2007. - 6 - Report No. PL07-087
Figure 3 — Official Plan
Figure 4 — Existing Zoning
Figure 5 — Proposed Building Envelopes
PRE -SUBMISSION REVIEW
Management Team Meeting — June 20, 2007
Prepared by: Leigh Ann Wiseman, Acting Planner
Extension 4350
S e eib , M.C.l.P., R.P.P. ohn S. Rogers
D► ctor of Planning and Development Servic C.A.O
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