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AGENDA - Special Council - 20070814SPECIAL COUNCIL PUBLIC PLANNING AGENDA NO, 07-19 TUESDAY, AUGUST 14, 2007 7:00 P.M. COUNCIL CNAMBERS AURORA TOWN NALL PUBLIC RELEASE 10/08/07 /k Aupvi A TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 07-19 Tuesday, August 14, 2007 7:00 p.m. Council Chambers 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: 4947-07.0 BEING A BY-LAW to Confirm Actions pg. B-1 by Council Resulting From This Special Council — Public Planning Meeting — Tuesday, August 14, 2007. V ADJOURNMENT Special Council — Public Planning Meeting No. 07-19 Page 2 Tuesday, August 14, 2007 AGENDA ITEMS 1. PL07-095 — Zoning By-law Amendment and Draft Plan of pg. 1 Condominium Applications Stirling Cook Aurora Inc. 13777, 13795, 13815 Yonge Street and 74 Old Bloomington Road Lots 17, 18, 19, 20 Plan 166 Northeast corner of Yonge Street and Bloomington Road Files D14-13-06 and D07-02-06 RECOMMENDED: THAT report PL07-095 be received as information and that Council determine their position with respect to the application, subject to public comments received. PUBLIC PLANNING - AUGUST 14, 2007 ENDA ITEM # AuxouA TOWN OF AURORA PUBLIC PLANNING REPORT No. PL07-095 SUBJECT: Zoning By-law Amendment and Draft Plan of Condominium Applications Stirling Cook Aurora Inc. 13777, 13795, 13815 Yonge Street and 74 Old Bloomington Road Lots 17, 18, 19, 20 Plan 166 Northeast corner of Yonge Street and Bloomington Road File Numbers D14-13-06 and D07-02-06 FROM: Sue Seibert, Director of Planning and Development Services DATE: August 14, 2007 RECOMMENDATION THAT report PL07-095 be received as information and that Council determine their position with respect to the application, subject to public comments received. BACKGROUND Location The subject lands are located north of Old Bloomington Road and east of Yonge Street (see Figure 1). The lands comprise of four (4) individual lots with a total area of 16.83 acres (6.8 hectares) having a frontage of 271.40 m (890 ft.) on Old Bloomington Road and 165.04 m (541.5 ft.) on Yonge Street. There are currently three houses located on the subject lands. Application Background The applicant, Stirling Cook Aurora Inc, submitted in May 2006, a zoning by-law amendment application and vacant land condominium application accompanied by supporting documentation, for a 33 unit detached dwelling development at the north east corner of Yonge Street and Old Bloomington Road. As a result of comments received from departments, agencies and environmental peer review consultants, the applicant has revised the original plan; and proposes to develop the subject lands for a 22 unit detached dwelling condominium development. The application was heard at the Public Planning Meeting held on May 23, 2007 to consider the applications at which time Council passed the following resolution: —1— PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 - 2 - Report No. PL07-095 Moved by Councillor MacEachern Seconded by Councillor Buck THAT the application be approved in principle, subject to the resolution of outstanding issues referred to in the staff report and the comments of Council and the public; and THAT staff report back to a future Public Planning meeting; and THAT, if all documents are received in a timely manner, a Special Public Planning meeting be scheduled prior to a regularly scheduled Council meeting in July or August 2007. On JUly 10th, 2007, a fourth (4t") submission was presented to the Town which included revised plans and supporting documentation. The subject submission was circulated to all departments, agencies, the Region of York and the Town of Aurora's environmental peer review consultants, North -South Environmental for their comments. Proposal Draft Plan of Condominium The applicant has applied to the Town to develop the subject site for twenty two (22) single detached dwelling units under condominium tenure on lands totalling 65,488.0 m2 (16.179 acres.) in size (Figure 5 and 6). According to the 3.3 people per unit (PPU) count; this development will provide for an estimated population projection of 73 persons. The applicant has proposed 3.36 units per hectare (1.36 units per acre). Twenty-one (21) dwelling units are proposed to be located on the northerly part of the site and one (1) is proposed to be located on the southerly part of the site. A minimum 30 m (98 ft) vegetation protection zone buffer from the woodlot (key natural heritage feature) is proposed along units 12 to 21. A vegetation protection zone was established around the butternut trees (key natural heritage feature) in the rear of lots 9, 10 and 11. Twenty-one (21) residential dwellings are to be situated along an internal privately owned and maintained ring road accessed from Yonge Street. The one (1) southerly lot is proposed to be accessed from a cul-de-sac accessed from Old Bloomington Road; to be constructed in the future by the Region of York and owned and maintained by the Town. —2— PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 - 3 - Report No. PL07-095 The following is a breakdown of the proposal: Single Detached Average Average Area Dwelling Lot Area Lot Frontage Condominium Units 22 1188.84 M2 25.47m 27,062.09 m (6.686 acres) 0.3 ac. 84 ft. Private Road 1 4,596.8 m (1.134 acres) Common Elements Woodlot and buffer (CE 6) 25,252.2 m (6.24 acres) Private Park CE 4 3.925 m 0.97 acres Stormwater Management Pond CE 3 2,347.2 m 0.58 acres Rear lots Units 9, 10 and 11 CE 5 714.6 m 0.176 acres N/E lands fronting Yon a Street CE 1 1,335.45 m 0.33acres Island CE 2 20%3 m 0.05 acres Total common elements 33,29.11 m 8.359 acres TOTAL SITE 165,488.00 mz 16.179 acres Zoning By-law Amendment A Zoning By-law Amendment application has been submitted to rezone the lands from "Estate Residential (ER) Zone" to a site specific "Detached Dwelling First Density Residential (RI-X) Exception Zone", "Detached Dwelling Second Density Residential (R2- X) Exception Zone", "Open Space (0-14) Exception Zone", "Open Space (0-9) Exception Zone" and "Open Space (O-X) Exception Zone". The draft zoning by-law is attached for review and comment (see Appendix 2). The by-law is not final, as revisions are made to the By-law as further detailed designs are being prepared and incorporated into the site specific by-law. The "Detached Dwelling Second Density Residential (R2-X) Exception Zone" permits 21 single detached units. These lots are located along the internal ring road. The zone provides for a minimum lot area, lot frontage, siting specifications, building specifications for minimum floor areas, maximum lot coverage, maximum height and garage length and width. The zone also provides for minimum landscape and buffering requirements from Yonge Street (as per OPA 34 policies). The By-law also includes requirements in regards to individual lots preserving a minimum of 40% of the lot area (as per policies of OPA 34) in an open, landscaped or natural condition and shall not include an area devoted to a swimming pool, accessory buildings, paved driveway, patio or other area covered with impervious material. The by-law also provides for minimum parking space requirements, driveway width and a provision in respect to manoeuvring space or driveway, where the garage door faces an interior side lot line. The "Detached Dwelling First Density Residential (R1-X) Exception Zone" permits one single detached dwelling unit (located on unit 22). The zone provides for a greater lot area —3— PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 -4- Report No. PL07-095 and lot frontage and building siting specifications than the R2 zone. The by-law provides for the same clauses as the R2 zone in regards to lot preservation, minimum parking space requirements, driveway width and the provision in respect to manoeuvring space or driveway, where garage door faces an interior side lot line. The "Open Space (0-14) Exception Zone" permits private open space and conservation. There shall be no buildings or structures erected in this zone. The permitted activities in this area shall only be.for the purpose of preserving, maintaining and or enhancing the natural environment, including conservation management practices and approved trails. The "Open Space (0-9) Exception Zone" permits buildings or structures intended for flood or erosion control. The Stormwater Management Pond is located on these lands. The "Open Space (O-X) Exception Zone" permits conservation and private park, including structures accessory to a private park. This zone is located in the centre of the residential development and will function as a private park. Lands located in the north-west corner of the site also are proposed to be included in this zone. COMMENTS Yonae Street South Secondary Plan (OPA 3_4 The subject lands are within the Yonge Street South Secondary Plan (OPA 34). The following are key sections of OPA 34 that are applicable to the subject development. The applicant must demonstrate that they have conformed to all applicable policies of OPA 34. The following lists the various sections of OPA 34 and how the application relates to the policies. The actual policies are indicated in bold italics. Section 11 .1 Block Plan The subject lands are identified in OPA 34 by Schedule "CC' as Block C (see Figure 4). Prior to the approval of any development within a Block Plan on Schedule "CC", a Block Plan is required as well as supporting studies. The plan is to be approved by the Town in accordance with section 11.1. "The Town may consider the preparation of more than one block plan for this area, provided that it is satisfied that the applicant has demonstrated that they have met site specific requirements identified in section 11.1.4." The applicant has submitted a block plan in accordance with section 11.1 and a scoped block plan in accordance with section 11.1.4 and has satisfied the block plan requirements. Section 3.6.Cluster Residential The lands are identified on Schedule "AA" and designated "Cluster Residential" (see Figure 3). "The gross residential density average over the constrained and unconstrained lands is less than 5 units per hectare (2 units per acre)" as required by OPA 34. The applicant has proposed 3.36 units per hectare (1.36 units per acre) which meets the policy. Within the Cluster Residential designation, "buildings shall not covermore than 12%of —4— PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 - 5 - Report No. PL07-095 all the lands with a Cluster Residential designation. To the greatest extent possible, lands with a Cluster Residential designation shall be retained in an open or natural condition.... and shall not form part of individual lots, or similar area devoted to exclusive use in a condominium". The applicant has submitted documentation that the lots have been sited so that the woodlot and vegetation cover has been retained in their natural condition and connectively to the existing forest to the east of the site has been preserved. A 30 m (100 ft.) vegetation protection zone has been provided to the rear of Lots 12 to 21 and a vegetation protection zone was established around the butternut trees (key natural heritage feature) in the rear of lots 9, 10 and 11 to ensure that these areas are preserved (see Figure 2). The applicant has provided that buildings shall not cover more than 12% of the subject lands. Staff support the creation of a common element block for these lands and the lands being rezoned to an "Open Space (0-14) Exception Zone"(Appendix 2). Staff also suggest that a Restrictive Covenant be placed on title. All these measures are intended to be put in place to protect the natural area. Within the Cluster Residential designation, "the proposal shall conform to policies that apply to the Cluster Residential designation including the preservation of a minimum of 40% of the lot area in a landscaped and or natural condition and shall not include any area devoted to a swimming pool, accessory buildings, paved driveway, patio or other area covered with impervious material'. The applicant has provided supporting documentation, which states that all lots will have a minimum of 40% of the lot area in a landscaped or natural condition. The proposed By-law includes zone requirements which ensure the preservation of a minimum of 40% of the lot area in a landscaped and or natural condition. Provisions will also be included to ensure that the 40% area does not permit swimming pools, accessory buildings, paved driveway patio or other area covered with imperious material. Appendix A Urban Design Guidelines In order to preserve and enhance the existing rural character of the Yonge Street corridor as it passes through the Plan Area, "a natural border to Yonge Street shall be preserved and new development shall be setback a minimum of 60 m (200 ft.) from the centreline of Yonge Street and include extensively landscaped areas which preserve existing landscape components and where necessary include additional areas planted with native species trees and shrubs on both municipal and private property and respect the existing topography of the sites, to the maximum extend possible". The proposal provides that the new development is setback 60 m (200 ft) from the centreline of Yonge Street. As shown on the draft plan of condominium, part of the lands fronting Yonge Street are to remain as open space and the proposed stormwater management facility also fronts Yonge Street. These lands are required to be landscaped as approved by the Town's Leisure Services Department. —5— PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 - 6 - Report No. PL07-095 Environmental Land Use Policies The Environmental Impact Assessment indicates that in accordance with OPA 34 mapping there are no Environmental Protection Areas and related ecological buffers on the subject lands. However, the report indicates that there are Key Natural Heritage Features and Minimum Vegetation Protection Zones on the lands which are identified through OPA 48 (Figure 2). One of the main purposes of the block plan and EIS, however is to identify these features that may have not been identified within the secondary plan. The identification of the Key Natural Heritage Features and Minimum Vegetation Protection Zones within the EIS indicates that there are Environmental Protection Areas and related ecological buffers on the subject lands and these must be protected in accordance with the policies of OPA 34 and 48. In addition, Environmental Protection Areas are to include areas supporting regionally, Provincially or nationally significant plant and animal species in York Region as designated by the Ontario Ministry of Natural Resources such as the Butternut trees. The applicant has updated the block plan and supporting documentation to reflect the Key Natural Heritage Features and Minimum Vegetation Protection Zones located on the property. Oak Ridges Moraine (ORM) The lands are located with the "Settlement Designation" of the Oak Ridges Moriane Conservation Plan (ORMCP) implemented through OPA 48. In addition, Schedule "K' of the OPA 48 indicates that the lands contain "Significant Woodlands - Key Natural Heritage Features" and related "Minimum Vegetation Protection Zones", Schedule "M" indicates that the lands have both "High Aquifer Vulnerability" and "Low Aquifer Vulnerability" areas and Schedule "L" indicates that the lands are a "Category 1 (Complex) Landform" area. This settlement designation permits all uses approved within OPA 34. The ORMCP policies must also be addressed along with the policies of OPA 34 in the review of the application. Conclusion of Peer -Review The supporting environmental materials were reviewed from the perspective of natural heritage, landform conservation and hydrogeology to ensure compliance with the requirements of the Oak Ridges Moraine Conservation Plan (ORMCP) implemented through OPA 48 and OPA 34. The peer review was provided by North South Environmental. Natural Heritage Comments have been received on the natural heritage component of the 4th submission documents. It has been concluded that with the latest round of documents the applicant has provided that: - the significant woodlands are now recognized and protected; - there is no development extending into the significant woodlands (other than the one residence which is acceptable); - the 30 m minimum Vegetation Protection Zone has been properly identified and —6— PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 - 7 - Report No. PL07-095 there are no lots extending into it; the EPA to the east has been recognized and an effort made to characterize it and provide some inventory; some protection has been provided for the butternut; and there has been some recognition of indirect impacts of the development. It is concluded that "there has been a substantial refinement made to the development concept from a natural, heritage perspective. Although there are some minor details that require a response from the applicant, in our opinion the proposed application conforms to the Oak Ridges Moraine Conservation Plan and meets the requirements of OPA 34 with respect to Natural Heritage". Landform Conservation Comments have been received on the landform conservation component of the 4th submission documents. The comments provide that Landform Conservation Plan meets the requirements of the ORMCP and the landform requirements of OPA 34. Hydrogeology Comments have been received on the hydrogeological component of the 4th submission documents. It has been concluded that documentation has addressed all of the outstanding hydrogeological issues of previous peer review comments and has addressed the requirements of the ORMCP and OPA 34. It was also noted that an item arising from the resolution of the hydrogeological issues relates to groundwater impact from stormwater infiltration from the southwest depression which was confirmed to have no surface water outlet. In order to address this potential concern it is recommended that groundwater quality be monitored within the underlying silt to sandy silt soil adjacent to the southwest depression and the proposed stormwater pond. Zoning By-law Amendment Planning and Building staff have worked with the applicant on the proposed zoning by-law to ensure compliance with OPA 34 polices, to ensure that the by-law is consistent with similar approved residential zones in the Town and to ensure that when the applicant is prepared to receive a building permit, the plans meet the zone requirements. As indicated, the by-law is not final, as revisions are made to the By-law as further detailed designs are being prepared and incorporated into the site specific by-law. Two matters have arisen in the review of the proposed by-law which are outside the normal site specific zone requirements. They include the proposed maximum height of the buildings and with respect to the manoeuvring space or driveway, where the garage doors face an interior lot line. —7— PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 - 8 - Report No. PL07-095 Height The applicant proposes a maximum height of 13.4 m (44 ft.). The proposed height is greater than other maximum heights within other R1 and R2 zones in which the maximum heights ranges from 10.0 m (32.8 ft.) to 11.0 m (36.0 ft). It is noted that building height according to the by-law is measured between the average finished grade and the mean distance between the eaves and ridge of a gabled roof. The applicant has provided a justification letter in regards to the request for the maximum height of 13.4 metres (see appendix 1). The applicant has submitted that the proposed dwelling units are designed with floor to ceiling heights of approximately 3.0 m (1 Oft.); which are higher than the average home. With the varied topography, the applicant has stated that many of the units allow for walkout conditions which expose some area of the basement. The applicant also provides that the designs of the homes require large roof areas and tall roofs in order to allow the upper storeys to be built into them. In a preliminary review of other municipalities (including Town of Richmond Hill, Town of Markham and the City of Vaughan), it was noted that the average maximum height was approximately 11.0 m (36 ft.). The municipalities stated that the measurement of the height depends on the type of roof etc. Staff have taken into consideration the type of homes and designs proposed by the applicant and have worked with the applicant in that regard, however, at this time, staff would like to further investigate the impacts of the proposed maximum height at 13.4 m (44 ft.). Manoeuvring Space or Drivewa With respect to manoeuvring space or driveway, the applicant's request that where the garage doors face an interior side lot line, the minimum required manoeuvring space or driveway shall be 5.8 m (19 ft.); whereas, the Building Department has stated that they prefer a 6.0 m (19.6 ft.) manoeuvring space or driveway. The Town does not currently have a provision in the by-law regarding garage doors facing an interior side lot line and manoeuvring space or driveway. Staff would like to investigate this further, to ensure proper manoeuvring space is provided for all types of vehicles. Staff are working with the applicant in this regard. Departmental and Agency Comments The applications were circulated internally and externally and to date the following comments were obtained: Building Administration Department The Building Administration Department and Planning Department has reviewed the latest submission and draft zoning by-law amendment and have been working with the applicant on the by-law. (see above under Zoning By-law Amendment) The Department suggests that warning clauses should be included in all offers of purchase PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 - 9 - Report No. PL07-095 and sale detailing site specific restrictions, which may be necessary to ensure landscaped areas and open space remain intact. Setback restrictions are required. Other technical issues such as drainage and building code related items will be addressed at the time of building design. Leisure Services Department The Department has commented that the subject development will result in the removal of trees. The proposed tree removal will reduce the existing tree canopy by over 3.3 acres on the property, however, extensive rehabilitation and compensation planting has also been proposed. The department provides that the standard draft plan conditions will be required to be fulfilled by the applicant including the need to provide a Vegetation Preservation and Restoration plan; landscape design plans which detail the installation of street .tree planting, landscape structures, subdivision entry features, buffer planting or any other landscape features required by Urban Design Guidelines of OPA 34. Also, the owner's required to provide landscape design plans and implement landscape works on -site forthe stormwater management facility in accordance with the MOEE Stormwater Management Practices Planning and Design manual and in accordance with Town standards. The applicant has acknowledged the requirement for a lighted, hard -surfaced pedestrian path and bicycle route to be designed and implemented along the Yonge Street frontage within the right of way, and assurance that the applicant will coordinate with the Region to ensure sufficient right-of-way width exists. Public Works Department The Public Works Department has provided that in regards to the future turning circle on Old Bloomington Road, the south-east location is acceptable. The location and configuration of the turning circle must be approved by the Region of York as well as the Town. Town staff required that the configuration must be without any retaining walls. Staff is willing to work with the applicant and the Region in regards to the configuration. The Regional Municipality of York Planning staff has not received a formal comment from the Region of York Planning Department. Staff have met numerous times with engineering and planning staff on the location and configuration of the proposed cul-de-sac. The Toronto and Region Conservation Authority TRCA staff have indicated that they will provide a comment prior to the public meeting that can be presented at that time. Other The Central York Fire Services Department, The Town of Richmond Hill, York Region District School Board, Bell Canada and Ministry of Transportation have indicated that they have no objection to the proposed applications. —9— PUBLIC PLANNING — AUGUST 14, 2007 August 14, 2007 - 10 - Report No. PL07-095 OPTIONS At the Public Planning Meeting, taking into consideration comments from staff and residents, Council has the options of: ■ Approving the applications in principle, subject to the resolution of outstanding issues; ■ Resolving that these applications be brought back to a further Committee or Public Meeting upon resolution of the major outstanding issues; or, Denying the applications outright. FINANCIAL IMPLICATIONS Development and other charges including cash -in -lieu of parkland are payable through the approval process. 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 and Draft Plan of Condominium process will facilitate this objective. SERVICING ALLOCATION The subject application is ranked 4th by the Matrix for the Allocation of Servicing Capacity. The application is for 22 units, and therefore allocation is available. If/when Council considers approval of the draft plan; Council will have the option of allocating these units. PROVINCIAL POLICY STATEMENT This proposed development "is consistent with" policy statements issued under the Planning Act. CONCLUSIONS An application has been submitted for a Zoning By-law Amendment and Vacant Land Condominium. The application has been reviewed to ensure compliance with OPA 34 the Secondary Plan for the area, and OPA 48 the Town's Oak Ridges Moraine Conservation Plan conformity Official Plan Amendment. The original application was for 33 units, as a result of comments received from departments, agencies and environmental peer review consultants, the applicant has revised the original plan; and proposes to develop the subject lands for a 22 unit detached dwelling condominium development. The revised plans have addressed issues raised through the review of the Environmental Impact Studies, the comments of the TRCA and staff. Subsequent to public input, if Council are generally in support of the proposal, it is recommended that Staff finalize the conditions of draft plan of condominium approval and the zoning by-law. —10— PUBLIC PLANNING — AUGUST 14, 2007 August 14. 2007 ATTACHMENTS -11- No. PL07-095 Figure 1 - Location Plan Figure 2 - Key Natural Heritage Feature & Hydrologically Sensitive Features Map #7 Figure 3 - OPA 34-Land Use Schedule Figure 4 - OPA 34-Block Plan Schedule Figure 5 - Draft Plan of Condominium Figure 6 - Concept Plan Appendix Appendix 1 -Letter form Gartner Lee Limited dated August 9, 2007 Appendix 2 -Draft By-law and Schedules PRE -SUBMISSION REVIEW Management Team Meeting — August 8, 2007 Prepared by; Cristina Celebre, Planner Extension 4343 '�/' '1z4L_1'1 Sue S iberf 4.C.I.P., R.P.P. Director of Planning and Development Services 3. Rogers, C.A.O. 133a1S —�` 30NOA I w 0�1 LL O O N N N O � O w w W v w z U) z O w w n D a Q O Z YoW a 0 LU /J Un°o Id. 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