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AGENDA - Special Council - 20071128Council/Committee Secretary AuR(:3RA SPECIALCOUNCIL PUBLIC PLANNING EETING NO.07-31 WEDNESDAY, NOVEMBER 28, 2007 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE 23/11 /07 AURORA TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 07-31 Wednesday, November 28, 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: 4979-07.0 BEING A BY-LAW to Confirm Actions pg. B-1 by Council Resulting From This Meeting - Wednesday, November 28, 2007. V ADJOURNMENT Special Council — Public Planning Meeting No. 07-31 Page 2 Wednesday, November 28, 2007 AGENDA ITEMS 1. PL07-145 — Zoning By-law Amendment Application pg. 1 66 Wellington Street East Inc. 69 Wellington Street East Lot 7, Registered Plan 68 File D14-11-07 RECOMMENDED: THAT report PL07-145 be received as information and that Council. determine its position with respect to the application, subject to public comments received. 2. PL07-136 — Official Plan Amendment, Zoning By-law Amendment and pg. 15 Proposed Plan of Condominium Applications Westhill Redevelopment Company Limited Part Lot 12 Conc. EYS and Part Lots 11 and 12 Conc. 3 EYS Files D09-04-00 D14-12-00 and D07-03-OOA OMB Case File: PL030997 OMB Fite No.: 0030373, Z030149 and S030085 RECOMMENDED: THAT Council receive staff report PL07-136 related to Official Plan and Zoning By-law Amendment Applications and Proposed Plan of Condominium Application on lands owned by Westhill Redevelopment Company Limited, Files: D09-04-00, D14-12-00 and D07-03-00A; and THAT public comments be received as input for future Council consideration on the applications; and THAT staff report back to Council for direction on the applications prior to the April 7, 2008 Ontario Municipal Board Hearing. SPECIAL COUNCIL - PUBLIC PLANNING - NOVEMBER - AGENDA # J7r,-7UUT. - i TOWN OF AURORA AURORA PUBLIC PLANNING MEETING No. PL07-146 SUBJECT: Zoning By-law Amendment Application 66 Wellington Street East Inc. 69 Wellington Street East Lot 7, Registered Plan 68 File Number., D14-11-07 FROM: Sue Seibert, Director of Planning and Development Services DATE: November 28, 2007 RECOMMENDATION THAT report PL07-145 be received as information and that Council determine their position with respect to the application, subject to public comments received. BACKGROUND Location/Land Use The subject lands are sited on Wellington Street, just east of Wells Street and west of Larmont Street (see Figure 1). As illustrated on Figure 2, the subject property is located on the south side of Wellington Street East and is the third property east of Wells Street, and is municipally described as 69 Wellington Street East. The subject lands have the following characteristics: total site area of approximately 1,020.69 sq. metres (0.25 acres); ■ 15.47 metres (50.75 ft) of frontage along Wellington Street East; ■ 2-storey single detached dwelling currently exists on the subject lands and is located towards the front of the property; and ■ existing frame dwelling, known as The Carpenter's House, is designated under Part IV of the Ontario Heritage Act. Surrounding Uses The surrounding land uses are as follows: North: Wellington Street East, beyond which is existing residential (R5 and R5 Exception zoned lands); South: Existing residential (R5 zoned lands); East: Existing residential and business and Exception zoned lands); and West: Existing residential (R5 zoned lands). professional office uses (R5 and R5 -1- SPECIAL COUNCIL — PUBLIC PLANNING — NOVEMBER 28, 2007 November 28, 2007 - 2 - Report No, PL07-145 Official Plan f The subject lands are designated "Urban Residential" by the Town of Aurora Official Plan (see Figure 3). In addition, the subject property is also located within the Town's designated Heritage Resource Area. To support the viability of Aurora's Heritage Resource Area, the Official Plan contains policies that permit limited commercial uses, such as small scale business or professional offices, within Urban Residential and Heritage Resource Areas. Such uses are subject to a rezoning and site plan agreement ensuring the availability of sufficient on -site parking, which is screened to protect adjacent residential areas. Zoning By-law The subject lands are currently zoned "Special Mixed Density Residential (R5) Zone" by the Town of Aurora Zoning By-law 2213-78, as amended (see Figure 4). The R5 Zone permits the subject lands to be used for residential purposes and a private home day care. An amendment to the Zoning By-law is required to rezone the subject lands from the current zoning to a site specific "(R5-X) Exception Zone" to permit the additional use as proposed by the applicant. PROPOSAL The purpose of the application is to rezone the subject lands to a site specific "(R5-X) Exception Zone" to permit the following: ■ Include a business and professional office, excluding medical as an additional permitted use on the subject lands; ■ An exception to Section 6.26 of the Zoning By-law to reduce the required manoeuvring space standard from 7.4 metres (24.28 ft) to 7.0 metres (22.97 ft); and ■ An exception to Section 6.31 of the Zoning By-law to reduce the minimum interior side yard buffer strip requirement from 1.5 metres (5.0 ft) to 0.0 metres along the western property limit from the front lot line running south for a distance of 21.74 metres (71.33 ft) and to allow the existing porch to encroach into the interior side yard buffer strip on the eastern property line. The applicant has submitted a conceptual site plan (see Figure 5), floor plan (see Figure 6), tree inventory plan (see Figure 7) and Landscape Plan (see Figure 8) to show the proposed parking lot design, internal office layout and existing and proposed on -site vegetation. COMMENTS Planning Considerations The subject lands are designated "Urban Residential" by the Town of Aurora Official Plan. —2— SPECIAL COUNCIL — PUBLIC PLANNING — NOVEMBER 28, 2007 November 28, 2007 - 3 - Report No. PL07-145 As noted, the subject property is also located within the Heritage Resource Area, which permits limited commercial uses in residentially designated structures along arterial streets, such as small scale business or professional offices as proposed by the subject development. Such uses are subject to a rezoning, site plan agreement, substantial retention of the residential houseform, style and structure and the availability of sufficient on -site parking, which is screened to protect adjacent residential areas. The proposal to permit a business and professional office as an additional permitted use on the subject lands is considered compatible with surrounding residential R5 and site specific R5 zoned land uses. Consideration has been given to retaining the design integrity of the existing heritage building and involves the incorporation of landscaping and provision of sufficient on -site parking and access suitable for the proposed use and development of the lands. The proposed business office use will provide programming to various cable and satellite broadcasters throughout Canada and the United States. As illustrated on Figure 6, the office will consist of program reviewing and editing facilities as well as employ clerical and support staff. It is noted that this business was previously located on the north side of Wellington Street at 66 Wellington Street East. The applicant has requested an exception to Section 6.31 of the Zoning By-law to reduce the minimum interior side yard buffer strip requirement to nil along the western property limit from the front lot line running south for a distance.of 21.74 metres (71.33 ft). The requested exception is to address the existing asphalt driveway on the west side of the building. In addition to the above, the existing driveway will facilitate access to the proposed parking lot in the rear yard. The total number of parking spaces required for the proposed business and professional office use is 7 spaces. The applicant however, has proposed 14 parking spaces to allow for the versatility of medical and dental offices should the building ever be used for that purpose in the future. The current application does not however propose medical uses and a further application would be needed should medical uses be proposed in the future. In terms of landscaping, the applicant has identified several trees for removal in order to accommodate the proposed parking lot construction. As illustrated on the Tree Inventory Plan (see Figure 7), the trees subject to removal include 8 Colorado Spruce and 1 Norway Maple within the proposed buffer strip along the western property limit. As noted on the Plan, the existing Colorado Spruce trees are in poor condition and the quality of the Norway Maple is considered fairlgood. The trees subject to removal within the proposed buffer strip along the eastern property limit include 1 Horse Chestnut and 2 White Spruce; all considered to be in poor and fair condition. The trees subject to removal that are located within the proposed parking lot area include 1 Apple, 2 Chinese Elm, 1 Silver Maple and 1 Norway Maple clump (3-4 trunks) all of which are in poor and fair/good quality. While several existing trees must be removed in order to facilitate the parking lot construction as proposed by the applicant, all of those proposed to be removed have been assessed for the most part as being in poor to fair condition. The Horse Chestnut on the front [awn, which has been listed as being a high priority for preservation, has been identified as being in fair to good condition. It is noted that 6 Sugar Maple, 4 Green Ash and 4 Colorado Spruce are proposed to be planted. The Colorado Spruce would be located adjacent to the southerly property line adjacent to a 1.5 metre —3— SPECIAL COUNCIL — PUBLIC PLANNING — NOVEMBER 28, 2007 November 28, 2007 - 4 - Resort No. PL07-145 privacy fence. 38 Silver Edge Dogwood and 29 False Spirea are to be located in combination with the Maple and Ash trees along the east and west property lines. In staff's review of the subject application, the site specific zoning designation proposed — "Special Mixed Density Residential (R5-X) Exception Zone" — will not impact on neighbouring residential and business and professional office uses. Given the above, the subject proposal represents a supportable development application from a land use planning perspective. 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 in principle, however requested that any exterior alterations to the existing dwelling, including signage, be reviewed by the Community Planner to ensure compatibility with the neighbouring homes. The Community Planner also noted that the existing frame dwelling, known as The Carpenter's House, is designated under Part IV of the Ontario Heritage Act. The Public Works Department has no concerns or objections to the proposed zoning by- law amendment. However, staff advised that general grading, stormwater management, erosion and sediment control measures, drainage system and site servicing matters will be reviewed with the future minor site plan application for the proposed parking lot construction. Public Works staff also note that final approval will be contingent on the Owner entering into a minor site plan agreement with the Town. 1 The Building Administration Department has reviewed the application and has noted that comments pertaining to the buffer strip exception and fencing provision will be addressed in the site specific Zoning By-law amendment. The Leisure Services Department has reviewed the application and has commented that the majority of existing trees will have to be removed to facilitate the required parking for the proposed office use. Staff also noted that the site works may impact existing trees on adjacent properties whose root zones extend into the subject property. With respectto the above -noted concerns, the applicant has advised that a row of Colorado Spruce trees will be planted along the southern property limit as well as Sugar Maples and several shrub plantings along the western and eastern property limits to compensate for the removal of trees within the Duffer strips. The applicant has also indicated that the parking stalls will be constructed in Eco pavers, which is a permeable surface treatment that will promote infiltration. It should be noted that the proposed landscape plan was not available at the time the application was submitted and circulated and therefore, has not yet been reviewed by the Leisure Services Department for comment. Comments received from the Economic Development Office indicate no concerns or objections to the proposal. The Central York Fire Services Department was circulated and has no objection to the proposal provided that a final inspection is conducted prior to occupancy. PowerStream Inc have reviewed the application and have advised that they have no objection to the proposed zoning by-law amendment. —4— SPECIAL COUNCIL — PUBLIC PLANNING — NOVEMBER 28, 2007 November 28, 2007 - 5 - Report No. PL07-145 Public Comments Received To -Date 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 Not applicable. FINANCIAL IMPLICATIONS Development charges and other associated development fees will be generated as a result of the subject development proposal. 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. CONCLUSIONS An application has been submitted for a Zoning By-law Amendment to amend the zoning on the subject lands from the current Special Mixed Density Residential (R5) Zone" to a site specific "(R5-X) Exception Zone" to include a business and professional office, excluding medical as an additional permitted use on the subject lands. Additional Zoning By-law exceptions have been requested as follows: reduce the required manoeuvring space standard from 7.4 metres (24.28 ft) to 7.0 —5— SPECIAL COUNCIL — PUBLIC PLANNING — NOVEMBER 28, 2007 November 28, 2007 - 6 - -_ _ Report No. PL07-145 metres (22.97 ft); and ■ reduce the minimum interior side yard buffer strip requirement from 1.5 metres (5.0 ft) to 0.0 metres along the western property limit from the front lot line running south for a distance of 21.74 metres and to allow the existing porch to encroach into the interior side yard buffer strip on the eastern property line. The subject property is located within the Town's designated Heritage Resource Area and therefore, the subject rezoning application is in keeping with the objectives and policies contained within the Official Plan. Staff have no objection to the application subject to submission of a site plan and at least first submission review. 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 resolution of outstanding issues. The site specific zoning by-law will include building setbacks and lot coverage to ensure compatibility with the surrounding neighbourhood. ATTACHMENTS Figure 1 — Overview Map Figure 2 — Location Plan Figure 3 — Official Plan Figure 4 — Existing Zoning Figure 5 — Conceptual Site Plan Figure 6 — Floor Plan Figure 7 — Tree Inventory Plan Figure 8 — Landscape Plan PRE -SUBMISSION REVIEW Management Team Meeting — November 21, 2007 Prepared by: Leigh Ann Wiseman, Acting Planner Extension 4350 Sue Seib emW.c.l.P., R.P.P. John S. Rogers Director of Planning and Development Services C.A.O em m¥ n \ ¥� < / . q/ /0{ \ /n I� ®,mM`/ y \ » \ . \ pH£ / ��� & + o - S 2 / ® . \ § % . % \ / 0 . / / \ § 0 � � o . Im! a . 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