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AGENDA - Special Council - 20071024SPECIAL COUNCIL PUBLIC PLANNING AGENDA NO, 07-27 Y, OCTOBER 24, 2007 1A0 P.M. COUNCIL CNAMBERS AURORA TOWN NALL PUBLIC RELEASE 19/10/07 AuuoxA TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 07-27 Wednesday, October 24, 2007 7:00 p.m. Council Chambers 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 OF BYLAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4964-07.0 BEING A BY-LAW to Confirm Actions pg. B-1 by Council Resulting From This Meeting - Wednesday, October 24, 2007. V ADJOURNMENT Special Council — Public Planning Meeting No. 07-27 Page 2 Wednesday, October 24, 2007 AGENDA ITEMS 1. PL07-133 — Zoning By-law Amendment pg. 1 Infill Housing By-law (Monster Homes) File 1314-08-07 RECOMMENDED: THAT report PL07-133 be received as information and that Council determine its position with respect to the application, subject to public comments received. 2. PL07-134 — Official Plan Amendment pg. 13 Bill 51 — Required Materials for Complete Planning Appliications File D09-02-07 RECOMMENDED: THAT report PL07-134 be received as information and that Council determine its position with respect to the application, subject to public comments received. PUBLIC PLANNING - OCTOBER 24, 2007 AGENDA IT=#1 TOWN OF AURORA PUBLIC PLANNING MEETING No. PL07-133 SUBJECT: Zoning By-law Amendment Inhll Housing By-law File No. D14-08-07 FROM: Sue Seibert, Director of Planning and Development Services DATE: October 24, 2007 RECOMMENDATION THAT report PL07-133 be received as information and that Council determine their position with respect to the application, subject to public comments received. BACKGROUND As Council is aware, Staff have been studying infill housing and the issues associated with infill housing for the last year or so. This was by way of Council direction as a result of a delegation from residents who expressed concerns with infill or redevelopment housing currently occurring. Staff have since been studying how other municipalities have been dealing with the issue of oversize infill housing. Furthermore, a Committee has been formed made up of Staff from both the Planning & Development Services and Building Administration Departments and some preferred zoning options have been identified. These options were presented to the General Committee and were also presented to the public through a Public Open House held in June 2007. PROPOSAL Staff have drafted a Zoning By-law Amendment which contains provisions for infill housing. The draft by-law is attached as Appendix "A" and was written based on the above noted preferred zoning options as identified by Planning & Development Services and Building Administration Department Staff. The by-law contains the following provisions: Minimum Distance Separation between Dwellings The draft by-law contains a provision which requires that dwelling units located on adjacent lots are separated by a minimum distance.. Staff are continuing to investigate what an appropriate minimum distance separation should be. Currently, the only control in this regard is that a dwelling must contain a minimum side yard set back of 1.2 metres (3.9 feet) for an interior side yard containing a one storey dwelling and 1.5 metres (4.9 feet) for an interior side yard containing a two storey dwelling. The provision was included with the intent of reducing the impact of a newly constructed dwelling on an adjacent property. —1— PUBLIC PLANNING — OCTOBER 24, 2007 October 24, 2007 - 2 - Report No. PL07-133 Front Yard Set Back The draft by-law contains a provision which requires that the minimum front yard set back is calculated based on the average set back of the adjacent dwellings. Currently a front yard setback of at lease 6.0 metres (19.7 feet) is required. This provision was included in order to ensure that newly constructed dwellings are located along the street in a manner that is consistent with the existing streetscape and thus reducing its impact on the streetscape. Maximum Death The draft by-law contains a provision which requires that the maximum allowable depth of a building is measured from the required front yard set back (6.0 metres) and shall not exceed 16.0 metres (52.5 feet). Currently building depth would be controlled by the required front and rear yard set backs of 6.0 metres (19.7 feet) and 7.5 metres (24.6 feet). Again, this provision was included in the draft by-law in an attempt to reduce the impact a new dwelling would have on a neighbouring property and the larger neighbourhood by controlling its size/mass. Building Height The maximum allowable height of a.building is currently 10.0 metres (32.8 feet). The draft by-law proposes a maximum allowable building height of 8.0 metres (26.2 feet) for a building with a flat roof and 9.0 metres (29.5 feet) fora building with any other type of roof. It was always intended that the implementing by-law would reduce the maximum allowable height. Staff believe that this reduction in height would reduce the impact of new housing in existing areas and is also achievable from a development perspective. The by-law also contains a provision which limits the maximum allowable distance between the roof of a basement and the beginning of a first storey to 1.0 metres (3.3 feet). This provision is also intended to reduce the impacts associated with the height and mass of a building. Garages and Driveways The draft by-law proposes the following new provisions for garages and driveways: • Maximum Garage Width: 40% of, the width of the dwelling; • Maximum Garage Projection: 2.0 metres (6.6 feet) beyond the point of the main building closest to the Front Lot Line and cannot be closer than 6.0 metres (19.7 feet) to the Front Lot Line; • Maximum Driveway Width: cannot exceed the width of the garage; and • Negative Sloping Driveways are prohibited. —2— PUBLIC PLANNING — OCTOBER 24, 2007 October 24. 2007 - 3 - Report No. PL07-133 Including a provision with respect to maximum garage width would again aid in limiting building mass and impacts on adjacent properties and streetscape. Limiting garage projections would ensure that a garage cannot be constructed completely in front of a dwelling, thus providing for a more desirable streetscape and design. Limiting the width of a driveway would provide for more space for landscaping thus potentially reducing hard surfaces and allowing for a more desirable streetscape and design. Finally, prohibiting driveway depressions would also decrease the mass associated with the fagade of a building. Maximum Coverage of Accessory Buildings Currently the maximum allowable lot coverage for accessory buildings and structures is 7.5% where the lot area is less than 400.0 m (0.1 acres) and 15% where the lot area is equal to or greater than.400 mz. The draft by-law proposes to reduce the maximum allowable coverage for accessory buildings and structures to 10% where the lot area is equal to or greater than 400 m2. This provision is once again intended to reduce the impact of a new development by reducing the amount of built form, therefore providing for a development that is more compatible with the existing neighbourhood. Existing Buildings The draft by-law recognises existing buildings and provides for their enlargement, repair and renovation, provided that the requirements of the by-law are not further reduced and that all other provisions of the parent by-law are complied with. Geographic Location At the present time, Staff have identified two possible geographic locations for consideration. The first option consists of the neighbourhoods lying in and around the Town's heritage urban areas, with the exception of the Northeast Old Aurora Heritage Conservation District which is regulated by its own plan. The infill housing study/by-law process began as a result of concerned residents from this area and this area has been experiencing the most controversial forms of infill development. The second option would extend the applicable geographic location to include all properties located within a subdivision which was registered prior to 1980. Staff believes that the potential for infill development, redevelopment and renovation exists in this expanded area as well, and that this area can be expanded as the neighbourhoods become older and begin to experience pressure for infill/redevelopment. Presently, only properties which are zoned "Detached Dwelling Second Density Residential (R2) Zone" or ay R2 Exception Zone, and, "Special Mixed Density Residential (R5) Zone" used for the purposes of a detached dwelling are proposed to be included in the by-law.. Staff believes that the R2 and R5 zones are the zones most in need off additional zoning provisions to regulate infill housing. Prior to the enactment of the by-law, Staff would like the opportunity to more closely examine if the additional zoning provisions should also be applicable to properties zoned "Detached Dwelling First Density Residential (R1) Zone" and "Semi -Detached and Duplex Dwelling Third Density Residential (R3) Zone." —3— PUBLIC PLANNING — OCTOBER 24, 2007 October 24, 2007 - 4 - Report No. PL07-133 These zones have not been included thus far because the R1 zone has greater requirements with respect to lot area (minimum half acre) and set backs. Furthermore, the R3 zones are not experiencing any infill/redevelopment pressures at this time and are few in numbers. COMMENTS As previously mentioned, the Planning and Development Services Department held a Public Open House on June 26, 2007. The open house was not very well attended, however Staff were able to obtain the following comments from the attendees: • There is a desire for greater control regarding building design; • People favoured the infill examples located in Unionville and 14 Maple Street rather than Hillview Road - these examples included newly constructed homes which were large scale, however were designed in order to be consistent with the character of the existing neighbourhood; • People desired greater protection for the preservation of mature trees and streetscapes; and • Some indicated that the application of an infill by-law to Hillview Road is too late. As previously mentioned, enacting the draft by-law would put in place zoning provisions that would allow for a form of infill housing that is compatible with the existing neighbourhood and streetscape. Further to the above, there continues to be a sentiment by some of the residents on Hillview Road that this by-law will negatively affect their property values and it was suggested that all of the residents on this road should be polled prior to the enactment of the by-law as it related to Hillview Road. This poll can be easily administered by Staff if Council believes there is merit to such a poll. It should also be noted that the presentations and materials which were made available at the Public Open House have been posted on the Town's website. This material includes an online request for comments, however none have been received. With respect to the draft by-law, it is anticipated that there will be some revisions made to the wording prior to the final draft of the by-law. However, for the purposes of the Public Meeting, Staff believes that the by-law clearly illustrates the intent of the, proposed provisions. Council should also be made aware that it is not uncommon for such by-laws to require minor revisions once they are enacted. If this is the case, Staff will bring forward such revisions either individually, or as part of a comprehensive by-law consolidation. Finally, the provisions in the draft by-law were obtained partially by studying a variety of infill by-laws which were enacted by other municipalities such as Richmond Hill, Markham, Mississauga, Oakville and North York. mc PUBLIC PLANNING — OCTOBER 24, 2007 October 24, 2007 - 5 - Report No. PL07-133 OPTIONS Council has the option of approving the draft by-law in principle and referring it back to Staff to make the final revisions prior to its enactment. They also have the option of changing or deleting any provisions they feel are undesirable or including new provisions they feel are necessary. Likewise, in terms of the applicable geographic area, Council has the option of choosing either of the proposed areas, or making any revision to the applicable geographic area which they feel is necessary. Finally, Council also has the option of directing that Staff poll the residents of Hillview Road to determine how many residents are in favour or opposed to the proposed by-law prior to determining if the by-law will apply to their road. FINANCIAL IMPLICATIONS Staff of the Policy Planning Division are completing this project internally. 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. Amending the Town's Zoning By-law in order to put into place zoning provisions which would better regulate infill housing facilitates this objective. SERVICING ALLOCATION Not Applicable. PROVINCIAL POLICY STATEMENT There are no conflicts with the policies of the Provincial Policy Statement as a result of this application. CONCLUSION The Planning & Development Services Department is proposing to amend the Zoning By- law in order to include provisions which would better regulate infill housing. A by-law has therefore been drafted and has been appended to this report for Councils review. Council's input and direction regarding the draft by-law is being requested and it is recommended that the by-law be referred back to Staff to complete the final draft based on comments received at the public meeting and based on Council's input. ATTACHMENTS Appendix A - Draft Implementing By-law —5— PUBLIC PLANNING - OCTOBER 24, 2007 October 24, 2007 - 6 - Report No. PL07-133 PRE -SUBMISSION REVIEW Management Team Meeting - October 17, 2007 Prepared by: Fausto Filipetto, Policy Planner Extension 4342 Su S ibe , M.C.l.P., R.P.P. Dir for o lanning and Development Services Jam, John S. Rogers, C.A.O. PUBLIC PLANNING - OCTOBER 24, 2007 APPENDIX "A" DRA FT B Y-LA W -7- PUBLIC PLANNING — OCTOBER 24, 2007 ,(Own o f l,, THE CORPORATION OF THE TOWN OF AURORA By-law Number XXXX-07.D BEING A BY-LAW to amend Bylaw 2213-78, as amended, being the Zoning By-law of the Town of. Aurora (File No. D14-08-07) , WHEREAS Section 34 of the Planning Act, R.S.O, as amended provides that the Council of a local Municipality may pass a Zoning By-law; AND WHEREAS it is deemed advisable to amend By-law 2213-78; AND WHEREAS the municipal Council of The Corporation of the Town of Aurora deems it necessary and expedient to amend By-law 2213-78, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS:. 1. THAT the following provisions apply to all of the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law, which are zoned "Detached Dwelling Second Density Residential (R2) Zone" or ay R2 Exception Zone, and "Special Mixed Density Residential (135) Zone" used for the purposes of a detached dwelling. 2. THAT the following be added as Section XX Section XX All of the provisions of Section 11 - Detached Dwelling Second Density Residential (R2) Zone shall apply with the exception of the following: • Notwithstanding any provision to the contrary, dwelling units located on adjacent lots shall be separated by a minimum distance of metres. • Notwithstanding any provision to the contrary, the minimum front yard set back requirement shall be calculated based on the average set back of the adjacent dwellings. • Notwithstanding any provision to the contrary, the maximum allowable depth of a building shall be measured from the required front yard set back and shall not exceed 16.0 metres and shall not encroach into the required rear yard set back. For the purposes of this by-law, Depth shall be defined as the horizontal distance between the front and rear exterior walls of a building. • Notwithstanding any provision to the contrary, the maximum allowable building height shall be 8.0 metres for a building with a flat roof and 9.0 metres for building with any other type of roof. • Notwithstanding any provision to the contrary, the maximum allowable distance between the roof of a basement and the beginning of a.first storey shall be 1.0 metres. For the purposes of this. by-law, basement shall be defined as any portion of a building which is partly or entirely underground. • Notwithstanding any provision to the contrary, driveways which have a negative slope from the front lot line to the garage shall be prohibited. Notwithstanding this provision, if a lot contains a natural negative slope from the lot line to the garage, the driveway shall be prohibited from having a negative slope which is grater than the natural grade of the property. —8- PUBLIC PLANNING - OCTOBER. 24, 2007 By-law XXXX-07.O • Notwithstanding any provision to the contrary, the maximum allowable garage width shall not exceed 40% of the width of the dwelling. Furthermore, a driveway shall be prohibited from exceeding the width of the garage. • Notwithstanding any provision to the contrary, no part of any garage shall project closer to the Front Lot Line than 2.0 metres beyond the point of the main building closest to the Front Lot Line. Notwithstanding this provision, no part of any garage shall be closer than 6.0 metres to the Front Lit Line. • Notwithstanding any provision to the contrary, the maximum lot coverage of an accessory building shall be in accordance with Section 6.2.4., with the exception that, where the Lot Area is equal to or greater than 400.0 mZ, the maximum lot coverage for accessory buildings and structures shall not exceed 10%. • Existing Buildings: Notwithstanding any provision to the contrary, where a building has been erected prior to the date of the passing of this By-law, and does not meet the provisions as set out in this by-law, the said building may be enlarged, repaired or renovated provided that the enlargement, repair or renovation does not further reduce the provisions required by this By-law; and that all other provisions of this By-law are complied with. 3. THAT no part of this By-law will come into force until the provisions of the Planning Act have been complied with, but subject to such provisions the By- law will take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS_DAY OF . 2007. READ A THIRD TIME AND FINALLYPASSED THIS _DAY OF '2007. PHYLLIS. M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK PUBLIC PLANNING - OCTOBER 24, 2007 By-law XXXX-07.D Explanatory Note Re:Zoning By-law No. XXXX.07.D By-law Number XXXX.07 has the following purpose and effect: To amend Town of Aurora By-law 2213-78, as amended, to include provisions for Infill housing in the older portions of Town. It includes provisions regarding set backs, dwelling depth, height, coverage, driveway widths and depressions and garage widths and projections. -10- PUBLIC PLANNING - OCTOBER 24, 2007 TOWN OF AURORA THIS IS SCHEDULE "A" THE REGIONAL MUNICIPALITY OF YORK TO BY-LAW NO. XXXX.07.D PASSED THIS _ DAY OF 2007. BOB PANIZZA, CLERK PHYLLIS M. MORRIS, MAYOR LANDS SUBJECT TO BY-LAW XXXX-07.D OPTION 1 SCHEDULE "A" TO BY-LAW NO. XXXX-07.D -11- PUBLIC PLANNING - OCTOBER 24, 2007 TOWN OF AURORA THIS IS SCHEDULE "A" THE REGIONAL MUNICIPALITY OF YORK TO BY-LAW NO, XXXX-07.D 7v A PASSED THIS _ DAY OF , 2007. BOB PANIZZA, CLERK PHYLLIS M. MORRIS, MAYOR ®LANDS SUBJECT TO BY-LAW XXXX-07.D OPTION 2 G SCHEDULE "A" TO BY-LAW NO. XXXX-07.D -12- PUBLIC PLANNING — OCTOBER 24, 2007 AGENDA ITEM # 4 TOWN OF AURORA PUBLIC PLANNING MEETING No. PL07-134 SUBJECT: Official Plan Amendment Bill 51- Required Materials for Complete Planning Applications File No. D09-02-07 FROM: Sue Seibert, Director of Planning and Development Services DATE: October 24, 2007 7-CKelililJil4�U7_10M1 THAT report PL07-134 be received as information and that Council determine their position with respect to the application, subject to public comments received. BACKGROUND. The Planning and Conservation Land Statute Law Amendment Act, 2006- Bill 51, received Royal Assent on October 19, 2006 and the majority of Bill 51 came into force on January 1, 2007. Municipalities will now be able to establish in their Official Plans additional information that will be required as part of any development application. This will allow municipalities to ensure that all aspects that need to be considered are available for review prior to a consideration being given with respect to application, therefore allowing for more informed decisions to be made. Council can require additional information and material it may need to assess and make decisions about Consent, Official Plan Amendment, Draft Plan of Subdivision/Condominium and Zoning By-law Amendment applications (this is in addition to the information and material required by the Planning Act and its regulations). Until the required information is provided, Council may refuse to accept or consider an application and the statutory time period for Council to make a decision does not begin until a complete application (as defined in the Official Plan) is received. To implement this, the Town's Official Plan must be amended, administrative procedures changed and application forms and notices revised. Bill 51 also requires Staff to meet with an applicant at their request, prior to the submission of an Official Plan Amendment, Site Plan, Draft Plan of Subdivision/Condominium and/or Zoning By-law Amendment application. Also, by By-law, the Town may make it mandatory for applicants to consult with Staff prior to making an application. It is our practice to allow and encourage applicants to meet and consult with Staff prior to the submission of an application. Pre -consultation. meetings should be required for more complex applications, in part to ensure that the applications being submitted are complete. -13— PUBLIC PLANNING — OCTOBER 24, 2007 October 24, 2007 - 2 - Report No. PL07-134 PROPOSAL In order to implement the requirements of Bill 51, an Official Plan Amendment (OPA) has been drafted to include in policy form information that will be required as part of any application for an Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision/Condominium and Consent. The draft OPA also contains policies regarding the requirements for pre -consultation meetings prior to the submission of an application for an Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision/Condominium and Site Plan. The draft OPA is attached as Appendix "A" and identifies the materials required to be submitted with a complete application in accordance with the following policies as described below. However, these broad categories of reports and studies are not intended to preclude Council and its delegated approval authorities from requiring additional reports and studies that may be identified during the planning process, if the circumstances necessitate the need for such information as part of the decision making process. Planning Reports/Studies Reports and studies related to local, regional and provincial planning matters shall ensure that a proposed development and/or change in land use is consistent with Provincial Policy and provides an integrated approach to land use planning. Specifically, the reports shall demonstrate how a proposed development or change in land use is consistent with Provincial Policy, as well as the policies of the Official Plan and/or any relevant Area Plan and Guideline that has been adopted by Council. The reports shall also address the appropriateness of the application, including its compatibility with the surrounding area/landuses, as well as site servicing, recreational needs, urban design, environmental features and landform conservation. Environmental Reports/Studies Reports and studies related to the natural environment shall identify and assess the environmental and natural features related to the subject site and areas adjacent to it, including surface and subsurface features. The reports shall identify any adverse impacts to the natural environment resulting from a proposed development and/or change in land use and how the impacts will be mitigated. Furthermore, the reports shall also identify the buffer areas to be located between the natural features and proposed development and/or change in land use. If required, the reports shall also contain the details of a Monitoring Program to be used for a specified time period which would monitor the condition of a specified feature. Reports/studies that fall into this category include, but are not limited to: Environmental Impact Studies, Natural Heritage Evaluations, Geotechnical and Hydrogeological Reports/Investigations, Soil Reports, Tree Surveys, Tree Preservation Repots/Plans and Vegetation Preservation and Enhancement Plans. —14— PUBLIC PLANNING — OCTOBER 24, 2007 October 24, 2007 - 3 - Report No. PL07-134 Servicina Reports/Studies Reports and studies related to servicing and infrastructure shall demonstrate that a proposed development and/or change in land use can be supported by adequate municipal water, sanitary sewer and stormwater management services. The required reports shall demonstrate that the existing servicing infrastructure is sufficient to accommodate the proposed development and/or change in land use or that the lands can be reasonably serviced by the extension of existing infrastructure. Where new infrastructure is required or the expansion of the existing infrastructure is necessary, the reports shall demonstrate that the improved infrastructure will be adequate to accommodate the proposed development and/or change in land use, as well as any anticipated users of the infrastructure. Traffic Reports/Studies Reports and studies related to traffic and transportation shall demonstrate that any changes to the transportation network as a result of a proposed development and/or change in land use can be accommodated by the transportation network. The reports shall also demonstrate that any adverse impacts on the surrounding land uses can be mitigated. Where new transportation infrastructure is required, or the expansion of the existing transportation infrastructure is necessary in order to accommodate a proposed development and/or change in lands use, the reports shall demonstrate that the improved transportation infrastructure will be adequate to accommodate all modes of transportation in an efficient manner with minimal adverse impacts on surrounding uses. Furthermore, these reports may also be required to demonstrate that a subject site contains an adequate number of parking spaces in order to support the parking demands for a proposed development and/or change in land use. Reports/Studies to address Nuisance and Hazard Matters Reports and studies related to nuisance and hazard matters shall demonstrate that inhabitants or users of a proposed development and/or change in land use are adequately buffered from nuisances related to noise, vibration, light pollution, odour and dust. The reports shall also demonstrate that a reduced potential exists for public cost or risk to future inhabitants resulting from natural and human made hazards. The required reports shall identify all of the potential nuisance issues and natural or human made hazards which may impact the proposed development and/or change in land use or adjacent lands, identify buffer areas and identify any other measures to be taken in order to mitigate the impacts associated with the nuisance issues and natural/human made hazards resulting from the proposed development and/or change in land use. Reports/Studies to address Cultural and Design Matters Reports and studies related to cultural and design matters shall demonstrate that a proposed development and/or change in land use will have a positive impact on the Town's public realm. —15— PUBLIC PLANNING — OCTOBER 24, 2007 October 24, 2007 4 - Report No. PL07-134 The required reports shall demonstrate how a proposed development and/or change in land use will have a positive impact on neighbouring built heritage, is sensitive to archeological issues and is designed in a manner that enhances the local built form and/or natural environment. Reports/studies that fall into this category include, but are not limited to: Archaeological Assessments, Design Guidelines and Shadow and Massing Studies. Economic Analvsis/Studies Reports, studies and analysis related to the economy may be required to demonstrate the impact that a proposed development and/or change in land use will have on the local economy. Specifically, an applicant maybe required to demonstrate that there is a market demand for a proposed development and/or change in land use and may also be required to demonstrate that their proposal will not be detrimental to the local economy. These policies shall not be used in an attempt to regulate competition. Pre -Consultation Meeting Under the provisions of the Planning Act, Council shall require those applicants submitting or making requests or applications for amendments to the Official Plan and/or Zoning By- law, or making applications for Plans of Subdivision/Condominium or Site Plans to consult with the municipality prior to submission of such applications for approval. The Pre - consultation Meeting is intended to allow the applicant to discuss with municipal staff matters pertaining to the subject site. Through these discussions, municipal staff will have the opportunity to outline the information and materials which will be required to be submitted concurrently with the application. Specifically, Staff will identify on Schedule "A" (Required Reports) attached hereto, any materials, plans, studies, reports and/or analysis required to be submitted as part of an application. In all instances, the number and scope of studies to be required for the submission of a complete application should be appropriate and in keeping with the scope and complexity of the application. For applications that may be considered straight forward or minor in nature, little, if any additional information may be required. The Pre -consultation Meeting will also afford Staff the opportunity to identify if any of the required studies identified in this amendment or any secondary plan can be scoped or submitted later in the planning approvals process. This mandatory Pre -consultation Meeting shall be required by Council through the passing of a by-law. OPTIONS Council has the option of referring the application back to Staff for the finalization of the OPA. Council also has the option of making changes to the'OPA which they feel are necessary, including adding or deleting any relevant policies/materials. FINANCIAL IMPLICATIONS Staff of the Policy Planning Division are completing this project internally —16— PUBLIC PLANNING — OCTOBER 24, 2007 October 24, 2007 - 5 - Report No. PL07-134 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. Amending the Town's Official Plan policies to ensure the appropriate required materials are collected for planning applications facilitates this objective. Furthermore, amending the Official Plan to include policies which would make pre -consultation mandatory also facilitates this objective. SERVICING ALLOCATION N/A . PROVINCIAL POLICY STATEMENT There are no conflicts with the policies of the Provincial Policy Statement as a result of these applications. CONCLUSION The Town of Aurora Planning Department is proposing to amend the Official Plan in order to include policies that would specifically identify the materials required to be submitted with planning applications. As discussed, Staff are also proposing to include in the amendment, policies that would require applicants to undergo a pre -consultation prior to the submission of a planning application. The need for the amendments arose as a result of changes to the Planning Act made through Bill 51. Staff therefore recommends that Council refer the application back to Staff so that the OPA can be finalized, including any desired changes as identified at the public meeting. ATTACHMENTS Appendix "A": Draft Official Plan Amendment PRE -SUBMISSION REVIEW Management Team Meeting - October 17, 2007 Prepared by. Fausto Filipetto, Policy Planner Extension 4342 i' Sue ibert.CIP„ R.P.P. !John S. Rogers, Dir for of Planning and Development C.A.O. Services —17— PUBLIC PLANNING - OCTOBER 24, 2007 APPENDIX "A" DRAFT OFFICIAL PLAN AMENDMENT am PUBLIC PLANNING - OCTOBER 24, 2007 CIl7f.'V..'% AMENDMENT NO. XX TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA -19- PUBLIC PLANNING — OCTOBER 24, 2007 OPA XX THE CORPORATION OF THE TOWN OF AURORA By-law Number XXXX-07.D BEING A BY-LAW to adopt Official Plan Amendment No. XX The Council of the Corporation of the Town of Aurora, under Section 17 (22) of the Planning Act, RSO 1990 Chapter P. 13 as amended, hereby enacts as follows: 1. Official Plan Amendment No. XX for the Town of Aurora, consisting of the attached explanatory text and schedules, is hereby adopted. 2. The Clerk is hereby authorized and directed to make application to the Regional Municipality of York for approval of Official Plan Amendment No. XX for the Town of Aurora. 3. This By-law shall come into force and take effect on the day of the final passage thereof. READ A FIRST, SECOND AND THIRD TIME THIS DAY OF , 2007. PHYLLIS M. MORRIS, MAYOR B. PANIZZA,TOWN CLERK —20— PUBLIC PLANNING — OCTOBER 24, 2007 OPA XX AMENDMENT NO. XX TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. XX to the Official Plan for the Town of Aurora Planning Area which was adopted by the Council of the Corporation of. the Town of Aurora is hereby approved under Sections 17 and 21 of the Planning Act. Dater Heather Konefat, Director of Community Planning Regional Municipality of York —21— PUBLIC PLANNING — OCTOBER 24, 2007 OPA XX AMENDMENT NO. XX TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA STATEMENT OF COMPONENTS PART I — THE PREAMBLE 1. Introduction 5 2. Purpose. of the Amendment 5 3. Location 5 4. Basis of the Amendment 5 PART Il — THE AMENDMENT 1. Introduction 7 2. Details of the Amendment 7 3. Implementation and Interpretation 11 —22— PUBLIC PLANNING — OCTOBER 24, 2007 PART I — THE PREAMBLE 1. Introduction This part of the Amendment, entitled Part I — The Preamble, explains the purpose and location of this Amendment, and provides an overview of the reasons for it. It is for explanatory purposes only and does not form part of the Amendment. 2. Purpose of the Amendment The purpose of this Amendment is to identify in the Official Plan materials that the Town will require to be submitted with applications for amendments to the Official Plan, amendments to the Zoning By-law, and approvals of Plans of Subdivision/ Condominiums and Consents. This amendment also contains policies that require applicants to consult with Staff prior to submitting applications for Official Plan Amendments, Zoning By-law Amendments, Plans of Subdivision/Condominium and/or Site Plans. 3. Location This amendment applies to all lands located in the Town of aurora. 4. Basis of the Amendment The Planning and Conservation Land Statute Law Amendment Act, 2006 - Bill 51, received Royal Assent on October 19, 2006 and the majority of Bill 51 came into force on January 1, 2007. Municipalities will now be able to establish in their Official Plans additional information that will be required as part of any development application, therefore allowing for more informed decisions to be made by Council. Council can require additional information and material it may need to assess and make decisions about Official Plan Amendments, Zoning By-law Amendments, Plans of Subdivision/Condominiums and Consents (this is in addition to the information and material required by the Planning Act and its regulations). Until the required information is provided, Council may refuse to accept or consider an application and the statutory time period for Council to make a decision does not begin until a complete application (as defined in the Official Plan) is received. To implement this, the Town's Official Plan must be amended, administrative procedures changed and application forms and notices revised. In order to assist applicants with these new procedures, and to more clearly identify the required information and material that will be needed to consider an application, Bill 51 also introduces amendments to the Planning Act to ensure that a municipality permits an applicant to consult with the municipality before submitting an application. This E —23— PUBLIC PLANNING — OCTOBER 24, 2007 amendment therefore contains policies that requir 1391 e —24— PUBLIC PLANNING — OCTOBER 24, 2007 PART II — THE AMENDMENT 1. Introduction All of this part of the document entitled Part II — The Amendment, consisting of the following text and attached table designated as Schedule "A" (Required Materials), constitutes Amendment No. XX to the Official Plan for the Town of Aurora. 2. Details of the Amendment The Official Plan of the Town of Aurora is hereby amended as follows: Item (1): Part Four — Implementing The Plan is hereby amended by inserting a new Section 4.0 — Complete Applications with the following new policies, including Schedule "A" (Required Materials) attached hereto and forming part of this amendment: 4.0 COMPLETE APPLICATIONS INTRODUCTION Subsections 22(5); 34(10.2); 51(18) and 53(3) of the Planning Act, 1990, permit a council or approval authority to require that a person, public body or applicant who apply, submit or make requests or applications for consents, amendments to the Official Plan, amendments to the Zoning By-law, and approval of Plans of Subdivision, provide any "other information or materials" that Council or the approval authority considers it may need, but only if the Official Plan contains provisions relating to such requirements. This "other information or materials" together with the prescribed information listed in the Ontario Regulations of the Planning Act will comprise the notion of a complete application. The following outlines the provisions for the requirements of a complete application. POLICIES Complete Application Provisions Any or all of the following materials and provisions identified in the body of this amendment or in Schedule "A" (Required Materials) attached hereto, may be requested from applicants who apply, submit or make requests or applications for amendments to the Official Plan, amendments to the Zoning By-law, and approvals of Plans of Subdivision/Condominium and Consents. 7 —25— PUBLIC PLANNING — OCTOBER 24, 2007 This is intended to ensure that all the relevant and required information pertaining to a planning application is available at the time of submission, therefore enabling Council and its delegated approval authorities to make informed decisions within the prescribed period of time and enabling the public and other stakeholders access to all of the relevant planning information at the earliest possible time. In all instances, the number and scope of studies to be required for the submission of a complete application should be appropriate and in keeping with the scope and complexity of the application. For applications that may be considered straight forward or minor in nature, little, if any additional information may be required. Reports and Studies Council and its delegated approval authorities will require reports and studies as part of a comprehensive planning application package referred to as a "complete application." The reports and studies are intended to provide additional information pertaining to a subject site and the areas adjacent to it, in order to assist in the evaluation of the application by Council and its delegated approval authorities. In accordance with Section 4.0.1, applicants will be required to consult with municipal Staff prior to submission of an application for the purpose of identifying what additional materials are required and if any of the required studies can be scoped and/or deferred to later in the planning approvals process. The following broad categories of reports and studies are not intended to preclude Council and its delegated approval authorities from requiring additional reports and studies that may be identified during the planning process, if the circumstances necessitate the need fur such information as part of the decision making process. Planning Reports/Studies Reports and studies related to local, regional and provincial planning matters shall ensure that a proposed development and/or change in land use is consistent with Provincial Policy and provides an integrated approach to land use planning. Specifically, the reports shall demonstrate how a proposed development or change in land use is consistent with Provincial Policy, as well as the policies of the Official Plan and/or any relevant Area Plan and Guideline that has been adopted by Council. The reports shall also address the appropriateness of the application, including its compatibility with the surrounding area/landuses, as well as site servicing, recreational needs, urban design, environmental features and landform conservation. Environmental Reports/Studies K —26— PUBLIC PLANNING — OCTOBER 24, 2007 Reports and studies related to the natural environment shall identify and assess the environmental and natural features related to the subject site and areas adjacent to it, including surface and subsurface features. The reports shall identify any adverse impacts to the natural environment resulting from a proposed development and/or change in land use and how the impacts will be mitigated. Furthermore, the reports shall also identify the buffer areas to be located between the natural features and proposed development and/or change in land use. If required, the reports shall also contain the details of a Monitoring Program to be used for a specified timeperiod which would monitor the condition of a specified feature. Reports/studies that fall into this category include, but are not limited to: Environmental Impact Studies, Natural Heritage Evaluations, Geotechnical and Hydrogeological Reports/Investigations, Soil Reports, Tree Surveys, Tree Preservation Repots/Plans and Vegetation Preservation and Enhancement Plans. Servicinq Reports/Studies Reports and studies related to servicing and infrastructure shall demonstrate that a proposed development and/or change in land use can be supported by adequate municipal water, sanitary sewer and stormwater management services. The required reports shall demonstrate that the existing servicing infrastructure is sufficient to accommodate the proposed development and/or change in land use or that the lands can be reasonably serviced by the extension of existing infrastructure. Where new infrastructure is required or the expansion of the existing infrastructure is necessary, the reports shall demonstrate that the improved infrastructure will be adequate to accommodate the proposed development and/or change in land use, as well as any anticipated users of the infrastructure. Traffic Reports/Studies Reports and studies related to traffic and transportation shall demonstrate that any changes to the transportation network as a result of a proposed development and/or change in land use can be accommodated by the transportation network. The reports shall also demonstrate that any adverse impacts on the surrounding land uses can be mitigated. Where new transportation infrastructure is required, or the expansion of the existing transportation infrastructure is necessary in order to accommodate a proposed development and/or change in lands use, the reports shall demonstrate that the improved transportation infrastructure will be adequate to accommodate all modes of transportation in an efficient manner with 6 —27— PUBLIC PLANNING — OCTOBER 24, 2007 minimal adverse impacts on surrounding uses. Furthermore, these reports may also be required to demonstrate that a subject site contains an adequate number of parking spaces in order to support the parking demands for a proposed development and/or change in land use. Reports/Studies to address Nuisance and Hazard Matters Reports and studies related to nuisance and hazard matters shall demonstrate that inhabitants or users of a proposed development and/or change in land use are adequately buffered from nuisances related to noise, vibration, light pollution, odour and dust. The reports shall also demonstrate that a reduced potential exists for public cost or risk to future inhabitants resulting from natural and human made hazards. The required reports shall identify all of the potential nuisance issues and natural or human made hazards which may impact the proposed development and/or change in land use or adjacent lands, identify buffer areas and identify any other measures to be taken in order to mitigate the impacts associated with the nuisance issues and natural/human made hazards resulting from the proposed development and/or change in land use. Reports/Studies to address Cultural and Design Matters Reports and studies related to cultural and design matters shall demonstrate that a proposed development and/or change in land use will have a positive impact on the Town's public realm. The required reports shall demonstrate how a proposed development and/or change in land use will have a positive impact on neighbouring built heritage, is sensitive to archeological issues and is designed in a manner that enhances the local built form and/or natural environment. Reports/studies that fall into this category include, but are not. limited to: Archaeological Assessments, Design Guidelines and Shadow and Massing Studies. Economic Analysis/Studies Reports, studies and analysis related to the economy may be required to demonstrate the impact that a proposed development and/or change in land use will have on the local economy. Specifically, an applicant may be required to demonstrate that there is a market demand for a proposed development and/or change in land use and may also be required to demonstrate that their proposal will not be detrimental to the local economy. These policies shall not be used in an attempt to regulate competition. Item (2): Part Four — Implementing The Plan is hereby further amended by inserting a new Section 4.0.1 — Pre -consultation Meeting with the following new policies: 10 PUBLIC .PLANNING — OCTOBER 24, 2007 4.0.1 PRE -CONSULTATION MEETING INTRODUCTION Subsections 22(3.1), 34(10.01), 41(3.1) and 51(16.1) of the Planning Act, 1990, permit Council though the passing of a by-law, to require applicants to consult with the municipality before submitting or making requests or applications for amendments to the Official Plan -and Zoning By-law or the submission of plans and drawings for approval, POLICIES Under the provisions of the Planning Act, Council shall require those applicants submitting or making requests or applications for amendments to the Official Plan and/or Zoning By-law, or making applications for Plans of Subdivision/Condominiums or Site Plans to consult with the municipality prior to submission of such applications for approval. The Pre -consultation Meeting is intended to allow the applicant to discuss with municipal staff matters pertaining to the subject site. Through these discussions, municipal staff will have the opportunity to outline the information and materials which will be required to be submitted concurrently with the application. Specifically, Staff will identify on Schedule "A" (Required Reports) attached hereto, any materials, plans, studies, reports and/or analysis required to be submitted as part of an application. For applications that may be considered straight forward or minor in nature, little, if any additional information may be required. The Pre -consultation Meeting will also afford Staff the opportunity to identify if any of the required studies identified in this amendment or any secondary plan can be scoped or submitted later in the planning approvals process. This mandatory Pre - consultation Meeting shall be required by Council through the passing of a by- law. 3. Implementation and Interpretation This Amendment has been considered in accordance with the provisions of the Aurora Official Plan. The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Aurora Official Plan. 11 —29— PUBLIC PLANNING - OCTOBER 24, 2007 EXPLANATORY NOTE Re: Official Plan Amendment No. XX Official Plan Amendment No. XX has the following purpose and effect: This Amendment identifies in policy materials that the Town will require to be submitted with applications for amendments to the Official Plan, amendments to the Zoning By- law, and approvals of Plans of Subdivision/Condominiums and Consents. A list of these materials are found in Schedule "A" (Required Materials). This amendment also contains policies that require applicants to consult with Staff prior to submitting an application for an Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision/Condominium and/or Site Plan. 12 —30— PUBLIC PLANNING - OCTOBER 24, 2007 OFFICIAL PLAN AMENDMENT NO. XX SCHEDULE"A" REQUIRED MATERIALS Subsections 22(5); 34(10.2); 51(18) and 53(3) of the Planning Act, 1990, permit a council or approval authority to require that a person, public body or applicant who apply, submit or make requests or applications for consents, amendments to the Official Plan, amendments to the Zoning By-law, and approval of Plans of Subdivision, provide any "other information or materials" that Council or the approval authority considers it may need. To be considered a complete application under the Planning Act, the following materiials are required with the submission of a completed application form and the receipt of all applicable fees: , REQUIRED OFFICIAL ZONING BY- PLAN OF REPORTS PLAN LAW SUBDIVISION, AMENDMENT AMENDMENT CONDOMINIUMS AND CONSENTS Planning Justification Report X Functional Servicing Report and/or Master Plan X X X Stormwater Management Report and/or Master Plan X X X Grading/Drainage Plan X X X Phasing Plan X X X Transportation Study and/or Master Plan X X X Parkin Study/Analysis X X X Natural Heritage Evaluation X X X Geotechnical Study X X X H dro eolo ical Study X X X Tree Preservation Protection and Replacement Plan, Landscape Analysis Plans, Tree Survey, Tree Inventory X X X and Vegetation Preservation and Enhancement Strategy Landform Conservation Study X X X Urban Design Reports, Plans and Guidelines X X X Market Analysis and Financial Impact Study X X X Floodplain Mapping and Analysis X X X Archeological Assessment X X X Heritage Evaluation X X X Noise Study X X X Soils Report X X X Shadow and/or Massing Study X X X Lighting Study X X X Block Plan X X X Other Required Information as Identified at the Pre- X X X Consultation Meeting -31- PUBLIC PLANNING - OCTOBER 24, 2007 It is acknowledged that applications received may have unique circumstances and not every report would be required for all applications. It is the intent of the Planning & Development Services Department that applicants pre -consult with the Town prior to making a submission for an Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision/Condominium and Site Plan. This would allow for the determination of which reports are required and if any of the required reports could be scoped and/or submitted later in the planning approvals process. -32- PUBLIO PLANN,JNG - OCTOBER 24, 2007 e down of qro THE CORPORATION OF THE TOWN OF AURORA ao ^y ?h By-law Number 4964-07.0 BEING A BY-LAW to Confirm Actions by Council Resulting From Special Council — Public Planning Meeting 07-24 on October 24, 2007. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the actions of the Council at its Special Council— Public Planning meeting held on October 24, 2007 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting Is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 24`" DAY OF OCTOBER, 2007. READ A THIRD TIME AND FINALLYPASSED THIS 24`" DAY OFOCTOBER, 2007. PHYLLIS M. MORRIS, MAYOR KAREN EWART, DEPUTY CLERK �I