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AGENDA - Special Council - 20070523SPECIAL COUNCIL PUBLIC PLANNING AGENDA N0.07-14 MAY 23, 2007 7:00 P.M. COUNCIL CNAMBERS AURORA TOWN NALL PUBLIC RELEASE 18/05/07 AuR.oRA TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 07-14 Wednesday, May 23, 2007 7:00 p.m. Council Chambers I DECLARATIONS OF INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved. III PLANNING APPLICATIONS IV READING OFBYLAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4916-07.0 BEING A BY-LAW to confirm actions B-1 by Council resulting from meeting 07- 14 on Wednesday, May 23, 2007 V ADJOURNMENT Special Council — Public Planning Meeting No. 07-14 Page 2 Wednesday, May 23, 2007 AGENDA ITEMS 1. PL07-059 - Zoning By-law Amendment and Draft Plan pg. 1 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 Files D14-13-06 and D07-02-06 RECOMMENDED: THAT report PL07-059 be received as information and that Council determine their position with respect to the application, subject to public comments received. 2. PL07-060 — Applications to Amend Zoning By-law and pg. 27 Draft Plan Approval of Proposed Plan of Subdivision Victor Priestly / Claretree Developments 105 Inc. Part of Lot 25, Concession 2, E.Y.S Files D14-17-06 & D12-03-06 RECOMMENDED: THAT Council determine its position respecting applications to amend the Zoning By-law and Draft Plan of Subdivision Applications submitted by Victor Priestly / Claretree Developments 105 Inc., Files D12-03-06 and D14-17-06, subject to public comments received. 3. PL07-065 — Official Plan Amendment and Zoning By-law pg. 44 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. Special Council — Public Planning Meeting No. 07-14 Page 3 Wednesday, May 23, 2007 4. PL07-063 — Applications to Amend the Zoning By-law and pg. 54 Draft Plan of Subdivision Stefano and Rose Polsinelli 14575 Bayview Avenue, Aurora Part of Lot 16, Concession 2, E.Y.S. Files D14-04-01 & D12-01-1A RECOMMENDED: THAT Council determine its position respecting applications to amend the Zoning By-law and Draft Plan of Subdivision (Files D14-04-01 and D12- 01-01A) subject to public comments received. PUBLIC PLANNING - MAY 23, 2007 f AGENDA ITEM # �. TOWN OF AURORA PUBLIC PLANNING REPORT No. PL07-059 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 comer 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: May 23, 2007 RECOMMENDATION THAT report PL07-059 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. Surrounding Uses North: Institutional, Retirement Home; South: Old Bloomington Road and Bloomington Road, Town of Richmond Hill lands designated Residential; East: Residential; and West: Yonge Street and Provincial offices. Official Plan The subject lands are located in the Yonge Street South Secondary Plan (OPA 34). The subject site is designated as "Cluster Residential' as shown Schedule "AA" -Land Use. Policy 3.8.2 of OPA 34 also permits the subject lands to be used for minor institutional uses. Schedule "BB" of OPA 34 identifies that the subject lands have "High/Moderate Infiltration Potential'. Schedule "CC" -Block Plans and Entrances of OPA 34 identifies that the subject lands are located within Block Plan C. Schedule "DW-Trails and Vistas of OPA —1— PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 -2- Report No. PL07-059 34 identifies that the property shall have a trail located along the Yonge Street frontage. The lands are located within the "Settlement Area" of the Oak Ridges Moraine Conservation Plan (ORMCP) as implemented through OPA 48. Zonina By-law The subject lands are zoned "Estate Residential (ER) Zone", which does not permit the proposed use on the lands. The Zoning By-law also indicated that the lands contain Key Natural Heritage Features (KNHF) and Minimum Vegetation Protection Zone (MVPZ). (see Figure 4) 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 single detached dwelling development on the subject lands. (see Figure 7) This information was circulated to departments, agencies, including the Region of York and the Toronto Region Conservation Authority (TRCA). As required by Official Plan Amendment (OPA 34), a peer review of supporting documentation was required, and the Town retained North -South Environmental Inc (North -South). On November 101h, 2006, North -South provided detailed comments regarding the first submission. In summary, the report stated that: "there are a number of significant issues with the report (supporting documentation), North South find it is unsatisfactory with.respect to meeting the requirements of the Natural Heritage Evaluation, Hydrological Evaluation, or Landform Conservation Plan, as required per the Oak Ridges Moraine Conservation Plan. Further, the requirements of the Town's OPA 34 have not been addressed." As a result of the comments, prior to the second submission of supporting documentation, Planning Staff, North -South and the applicant's consultants met on February 15t, 2007, to discuss the major issues which were raised through the peer -review. At this meeting, it was confirmed by the applicant's representatives, Gartner Lee Limited, that part of the supporting documentations was in draft form, and such supporting documents, like the Environmental Impact Study (EIS), were not final and not intended to form part of the applicants submission requirements for this application. It was acknowledged by the applicant's representatives at this meeting, that the new submission would address the issues raised by North South and all departments and agencies. On February 9th 2007, the applicant submitted a new plan consisting of a 24 unit development with supporting documentation reflecting a 22 unit development (see Figure 8). The plan included two (2) additional units located in a Key Natural Heritage Feature (woodlot), which did not conform to the Oak Ridges Moraine Conservation Plan (ORMCP). Staff requested the applicant submit supporting documentation which reflected the new proposal. —2— PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 - 3 - Report No. PL07-059 On April 25th 2007, a third submission (addendum to the second submission) was submitted which included a revised plan and supporting documentation reflecting the 24 unit proposal (see Figure 9). On May 3rd, 2007, further information (addendum) including planning justification and block plans were submitted and form part of this submission. They were circulated. On May 9th 2007, North -South submitted a letter and detailed comments in regards to the second and addendum submissions. This letter continued to express concerns with the development proposal. (see appendix 1) On May 11th, 2007, Planning Staff, North -South, TRCA and the applicant and his consultants met to discuss the 24 unit proposal. The major issues identified by North - South were discussed as per their letter dated May 9th, 2007. The TRCA also expressed concerns. (see appendix 1) On the afternoon of May 15th, 2007, the Town received a revised concept plan (see Figure 2). The Town did not receive a formal submission; therefore, this plan was not circulated to Departments, TRCA, Region and agencies. It was however, circulated to North -South for their preliminary review and comment. Town staff anticipate the applicant will submit a formal submission in the near future. Proposal The most recent concept plan was submitted on May 151h, 2007 (see Figure 2). The applicant has applied to the Town to develop the subject site for twenty two (22) single detached dwelling units under condominium tenure. According to the 3.3 people per unit (PPLI) 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. As shown on the recent concept plan, twenty-one (21) residential dwellings are to be situated along an internal privately owned and maintained ring road accessed from Yonge Street. A 30 m (98 ft.) Vegetation Protection Zone buffer has been provided to the rear of Lots 12 to 21 to ensure that the natural features of this area are preserved and maintained. This area shall be identified as a common element block. At the centre of the residential area, the applicant proposes to provide a 0.97 acre (0.39 hectares) open space/park area and a stormwater management pond is proposed along the Yonge Street frontage. Both the park and the SWM pond will be a common element block. The one (1) southerly lot is proposed to be accessed from a cul-de-sac to be constructed in the future by the Region off of Old Bloomington Road. —3— PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 - 4 - Report No. PL07-059 As per the most recent concept plan, the following is a breakdown of the proposal. Single Detached DwellingUnits Avera a Lot Area Avera a Lot Fronta e 22 0.12 ha (0.3 ac.) 24.73 m (26.2 ft.) Other Lot Area Stormwater Management Pond 0.23 he 0.58 ac. Road internal road only) 0.45 he 1.12 ac. Park 0.39 he 0.97 ac. Open Space north-west corner of site 0.13 he 0.33 ac. 30 m buffer and wood lot common element block Z59 ha 6.39 ac. Swale in between entrance and exit 0.02 ha 0.05 ac. The applicant has proposed to rezone the lands from "Estate Residential (ER) Zone" to a site specific "Detached Dwelling First Density Residential (R1-X) Exception Zone", "Open Space (0-14) Exception Zone", "Open Space (0-9) Exception Zone" and "Open Space (0- x) Exception Zone" (see Figure 3). The recently submitted By-law has not been reviewed in detail by Staff. The following is a general description of the proposed zones for the site. The "Detached Dwelling First Density Residential (R1-X) Exception Zone", permits single detached units. The zone has site specific requirements for minimum lot frontage, lot area, setbacks, building specifications for minimum floor areas, maximum lot coverage and maximum height. The zone also includes minimum landscape and buffering requirements from Yonge Street (as per OPA 34 policies), adjacent institutional lands and environmental features. 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 "Open Space (0-14) Exception Zone" permits private open space and conservation (see Figure 3). 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 orstructures intended forfloor or erosion control. The Stormwater Management Pond is located on these lands (see Figure 3). The "Open Space (0-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 —4— PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 - 5 - Report No. PL07-059 the site also are proposed to be included in this zone. COMMENTS Peer Review It is a requirement within OPA 34, that a peer review of any supporting documentation be completed. The peer -review was undertaken by North -South, who completed the background work on OPA 34. The studies have been evaluated to ensure compliance with the requirements of OPA 34 and OPA 48. 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 the Official Plan for the subject lands being OPA 34 (see below). However, the ORMCP policies must also be addressed along with the policies of OPA 34 in the review of the application. In order to address these policies, the applicant has submitted an Oak Ridges Moraine Conservation Plan Evaluation and Environmental Impact Assessment. As noted above, several iterations of these reports have been peer reviewed by North South who have indicated that there are still several issues that must be addressed in order to demonstrate compliance the ORMCP as implemented through OPA 48. Several of the major issues pertain to the exclusive use areas of the plan extending into the Key Natural Heritage Feature and Minimum Vegetation Protection Zones. The ORMCP as implemented by Official Plan Amendment No. 48 indicates that "All development and site alteration is prohibited within a key natural heritage feature or hydrologically sensitive feature and their related minimum vegetation protection zones". The limits of the key natural features may be refined by site specific studies as submitted by the applicant; however the peer review consultants and Town will have to approve such refinements. Also as noted above, the applicant has submitted a revised concept plan to include the key natural heritage features and related minimum vegetation protection zones within a separate block. Staff received this revised concept plan during the completion of this report and such plan will be reviewed subsequent to the approval of the block plan. Another significant issue related to the location of the houses on Lot 22 and 23 which were to be located entirely within the significant woodland area. The Environmental Impact Assessment report completed by the applicant indicates that the location of these lots is "not in compliance with the ORMCP". The Town agrees with this assessment and is not —5— PUBLIC PLANNING — MAY 23, 2007 May 23 2007 - 6 - Report No. PL07-059 able to support the development of these lots. As noted above the concept plan has been revised and the two additional lots have been removed from the plan. There is also a natural heritage feature located to the northeast of the subject lands. It becomes a Natural Heritage Feature since it contains butternut trees which are an endangered species. The applicant will have to provide further details pertaining to the endangered species (including relationship with the woodland), landform conservation, wildlife survey and other ORMCP requirements outlined within the peer review in order for the Town determination on compliance with the ORMCP. Yonge Street South Secondary Plan (OPA 34) 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 A Block Plan The subject lands are identified in OPA 34 by Schedule "CC' as Block C (see Figure 7). 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. Staff are currently working with the applicant to finalize the plans. At this time, they do not meet the Block Plan requirement of OPA 34. Section 3.6.Cluster Residential The lands are identified on Schedule "AA" and designated "Cluster Residential" (see Figure 5). "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 all the lands with a Cluster Residential designation. To the greatest extentpossible, 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 PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 - 7 - Report No. PL07-059 natural condition and connectively to the existing forest to the east of the site has been preserved. A 30 m (98 ft.) vegetation protection buffer has been provided to the rear of Lots 12 to 21 to ensure that the area is preserved (see Figure 2). The applicant has indicated 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". 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 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 concept plan, 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. Section 6.0 Environmental Land Use Policies 6.2.7 Ecological buffers shall be provided around each Environmental Protection Area. The intent of ecological buffers is to provide adequate separation between environmental areas and adjacent areas used or intended for development. The physical extent of an ecological buffer will be based on the environmental feature that is being protected and shall be determined during the preparation of an Environmental Impact Study in accordance with the provisions of s.11.2.2. Within Block F, as shown on Schedule CC Ecological Buffers shall be a minimum of 10.0 metres in width measured from the dripline of trees on the boundary of the Environmental Protection Area to the rear lot —7— PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 - 8 - Report No. PL07-059 line or equivalent of the development. [OPA 38] Two common impacts from development are the introduction of non-native horticultural plants to native woodlands and loss of small mammals and ground -nesting birds from predation by domestic animals. In such cases, buffers should be wide enough to provide edge habitat for the non-native plants and hunting territory for domestic animals. This will not eliminate the impacts to the environmental feature, but may mitigate them to acceptable levels. 6.2.8 Ecological Buffers will form part of the EnvironmentalArea designation which they abut. Buffers will not form part of the development area. In accordance with s. 3.2.3.b) of this Plan, residential densities may be transferred from the buffer areas to other lands in the Secondary Plan area. Ecological Buffer ownership will not be fragmented, wherever possible. 6.2.9 Ecological Buffers shall be left in a natural state and, where possible and appropriate, augmented with native species. No development with the exception of defined and appropriate trails and stormwater management outlets is permitted within Ecological Buffers. Boundaries will be delineated by a structural boundary or "living fence" of natural plant materials, to the satisfaction of the Town. 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. 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. Conclusion of Peer -Review On May 15th, 2007 North South received a revised concept plan for the Bloomington Heights application and a Schedule "A" to the By-law 2213-78, as amended. These documents were reviewed from the perspective of natural heritage, landform and hydrogeology by the peer review team (Mirek Sharp, Daryl Cowell and Norbert Woerns respectively). The following are North -South comments presented to the Town on May 17, 2007: "From a natural heritage perspective, the concept is greatly improved as it has eliminated lots 23 and 24 from the significant woodland, and has removed all the proposed lots from CLIC PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 -9- Report No. PL07-059 the Minimum Vegetation Protection Zone associated with the significant woodland. We have the following comments on the revised Plan: 1. We assume that the Vegetation Protection Zone is a minimum of 30 m from the Significant woodland. 2. As we noted in our comments, we accept the re -development of the house in Lot 22, but would like to see it situated such that it strikes a better balance between protecting the kettle feature and significant woodland, and staying out of the floodline. We recognize this cannot be addressed until TRCA respond with the floodline information and assume it will be addressed later. 3. We note that rear of lots 9, 10 and 11 still extend into the MVPZ associated with the Butternut, thus these three lots still do not conform to policy 22(2) of the ORMCP. The revised plan does not address comments pertaining to landform. With respect to hydrogeology, we note that the supporting analyses, including the water balance and the stormwater concept, will need to be updated to reflect the revised concept. Although this revised concept resolves some major concerns with this application, there are still comments which need to be addressed, as outlined in our response to the third revision dated May 9, 2007." (see appendix 1) North -South and our consultants are prepared to work with the Town and the applicant to ensure deficiencies can be resolved and a suitable proposal is developed. Departmental and Agency Comments The applications were circulated internally and externally and to date the following comments were obtained: Buildino Administration Department The Building Administration Department has stated that the By-law shall include specific definitions and elements that will protect the intent of maintaining specific percentages of landscaped and natural areas. Furthermore, the recently submitted By-law has not been reviewed in detail; therefore further comments will be forthcoming in this regard. The Department also suggests that warning clauses should be included in all offers of purchase 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 provided comments offering standard draft plan conditions including the need to provide a Vegetation Preservation and Restoration plan and 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 PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 - 10 - Report No. PL07-059 Guidelines of OPA 34. Also, the owner's required to provide landscape design plans and implement landscape works on -site for the stormwater management facility in accordance with the MOEE Stormwater Management Practices Planning and Design manual and in accordance with Town standards. Public Works Department The Public Works Department has received comments from the Region of York Transportation Department. The comments states "that the draft plan of condominium does not conform to the requirements for the Detailed Design of the Bloomington Road Reconstruction Project. As Part of the Bloomington Road Reconstruction scheduled for 2007, the Region requires additional property to be dedicated to the Town of Aurora for the permanent closing of the intersection of Bloomington Road (Y.R. 40) and Old Bloomington Road (Town of Aurora). To facilitate this closure, a cul de sac will have to be constructed at the west termination of the realigned Old Bloomington Road. The Region has prepared and deposited reference plans in May 2006 6513-29051 (Parts 3 and 4) to this effect. The Plan of Condominium 19CDM-06A02 does not reflect this requirement. Please note, should the applicant propose an alternative design and provide other lands along the frontage of Old Bloomington Road to the satisfaction of the Region and the Town of Aurora (for the termination of Old Bloomington Road and construction of cul de sac), only then will the above noted lands will no longer be required. This Plan of Condominium should not move forward until this outstanding issue is resolved." Public Works Department will work with the applicant and the Region regarding the location of the proposed cul-de-sac. The Regional Municipality of York Planning staff has not received a formal comment from the Region of York Planning Department. Please see above, which is the most recent Transportation and Works Department comment provided to the Public Works Department. The Toronto and Region Conservation Authority In their most recent comment dated May 14, 2007 (see appendix 2), the TRCA provides the following recommendations: 1. The development proposal, as submitted, not be approved by the Town because, in our opinion, it does not conform to the ORMCP. 2. The development proposal be modified to remove the lots/property lines within the Key Natural Heritage Features (KNHF) and buffers in order to protect the KNHF (the woodlot). 3. Should the municipality consider the approval of the applications, the TRCA would request that a holding symbol be enacted with the site -specific zoning by-law requiring the proponent to address our concerns, as identified in item 2 above. It is noted that TRCA does not have the recently submitted concept plan —10— PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 - 11 - Report No. PL07-059 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. 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 Not applicable. 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 The Provincial Policy Statement does not permit development within or adjacent to significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. As noted within the ORM section of this report the concept plan has been recently revised and will have to be reviewed before the Town can be satisfied that there will be no negative impacts on the natural features or their ecological functions. CONCLUSIONS An application has been submitted for a Zoning By-law Amendment and Vacant Land Condominium. The application has been reviewed in relationship to OPA 34 the —11— PUBLIC PLANNING — MAY 23, 2007 May 23, 2007 - 12 - Report No. PL07-059 Secondary Plan for the area, and OPA 48 the Town's Oak Ridges Moraine Conservation Plan conformity Official Plan Amendment. The original application was for33 units. Itwas amended to include 24 units, although the Environmental reports related to 22 units. Very recently a 22 unit proposal was submitted. The reconfigured plan is intended to address issues raised through the review of the Environmental Impact Studies, the comments of the TRCA and staff. Staff are awaiting further supporting material in relation to the revised concept plan to provide further comments which were unable to be presented to Council in this report. As expressed by North -South, from a natural heritage perspective, the new concept is greatly improved as it has eliminated lots 23 and 24 from the significant woodland, and has removed all the proposed lots (with the exception of the lots adjacent to the butternut trees) from the Minimum Vegetation Protection Zone associated with the significant woodland. Notwithstanding that, there is further work in regards to the landform conservation and hydrogeology. Staff feel that the proposal is on course to achieving the type of residential development anticipated in Yonge Street South, If Council are generally in support of the proposal, it is recommended that Staff report back with the resolution of outstanding issues, as identified in this report, and those raised by the community and others at the Public Planning Meeting. ATTACHMENTS Figure 1 - Location Plan Figure 2 - Concept Plan dated May 15, 2007 Figure 3 - Proposed Zoning Map Figure 4 - Key Natural Heritage Feature & Hydrologically Sensitive Features Map #7 Figure 5 - OPA 34-Land Use Schedule Figure 6 = OPA 34-Block Plan Schedule Figure 7 - Concept Plan May 3, 2006 Figure 8 - Concept Plan February 9, 2007 Figure 9 - Concept Plan April 25, 2007 Appendix 1 - North -South Environmental Inc. letter dated May 9, 2007 Appendix 2 - Toronto and Region Conservation Authority letter dated May 14, 2007 PRE -SUBMISSION REVIEW Management Team Meeting — May 16, 2007 Prepared by: Cristina Celebre, Planner Extension 4343 "d- L L�� S ert, M.C.I.P., R.P.P. ohn S. Rogers, Director of Planning and Development C.A.O. 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