AGENDA - Special Council - 20060426PUBLIC PLANNING
AGENDA
N0.06-14
WEBNESBAY APRIL 26, 2006
7:00 P.M.
COUNCIL CNAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
21 /04/06
IV
TOWN OF A URORA
SPECIAL COUNCIL - PUBLIC PLANNING MEETING
AGENDA
NO. 06-14
Wednesday, April 26, 2006
7:00 p.m.
DECLARATIONS OF INTEREST
APPROVAL OF AGENDA
RECOMMENDED:
THAT the content of the Agenda be approved as presented.
PLANNING APPLICATIONS
READING OF BYLAWS
RECOMMENDED:
THAT the following listed by-law be given 1st, 2nd and 3rd
readings, and enacted:
4797-06.0 BEING A BY-LAW to (pg. B-1)
Confirm Actions by Council
Resulting From This Meeting -
Wednesday, April 26, 2006.
V ADJOURNMENT
Aurora Special Council — Public Planning Agenda No. 06-14 Page 2
Wednesday, April 26, 2006
AGENDA ITEMS
1. PL06-045 - Zoning By-law Amendment Application (pg. 1)
Whitwell Developments Limited (First Professional) -Wal-Mart
Part of Lot 21, Concession 3 (Block 2 Plan 65M-3819)
File: D14-09-0
RECOMMENDED:
THAT report PL06-045 be received as information and that Council
determine their position with respect to the application, subject to public
comments received.
PUBLIC PLANNING - APRIL 26, 2006
AGENDA ITEM �-
TOWN OF AURORA
PUBLIC PLANNING MEETING No. PL06-045
SUBJECT: Zoning By-law Amendment Application
Whitwell Developments Limited (First Professional) -Wal-Mart
Part of Lot 21, Concession 3 (Block 2 Plan 65M-3619)
File: D14-09-06
FROM: Sue Seibert, Director of Planning and Development Services
DATE: April 26, 2006
RECOMMENDATION
THAT report PL06-045 be received as information and that Council determine their
position with respect to the application, subject to public comments received.
BACKGROUND
Location/Land Use
As illustrated on Figure 1, the subject lands are located on the north side of Wellington
Street East east and west of First Commerce Dr. ;being part of Block 2 Plan 65M-3819.
The subject block has an area of approximately 23.7ha (58.5 acres) and will gain access
onto First Commerce Drive. The lands are currently vacant.
Surrounding Uses
To the North: State Farm Canadian head office site
South: (across Wellington St.) vacant- future Business Park lands
East: vacant — future Business Park lands
West: (across First Commerce Dr) —vacant- future Business Park lands
Official Plan
On May 24, 2005 Council approved Official Plan Amendment (OPA) 58 which designated
the subject lands as "Business Park- Regional Commercial Centre". The OPA is approved
and in effect. OPA 58 added the Regional Commercial land use designation as a
complimentary land use to the entire lands located on the north side of Wellington Street
East between Hwy 404 and Leslie Street. The combined land uses are intended to permit
regional serving retail commercial uses in addition to the already permitted uses of a
`Business Park'. The OP requires that the land uses be developed into an integrated
development plan to be known as the'Aurora Business Park Gateway Centre', and that a
high priority be placed on the development of the lands as a modern business park with a
strong emphasis on urban design.
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April 26, 2006 -2- Report No. PL06-045
The land use polices of the Business Park -Regional Commercial Centre permit
regional serving retail and service commercial uses including a range and mix of large
floor plate, mid size and smaller commercial operations. The OP requires that there
shall be a minimum of two (2) larger floor plate retail stores within the Business Park —
Regional Commercial Centre lands, and that a total aggregate floor area of 50,200 m2
(540 000 sq.ft.) be permitted. The uses shall be developed in a_m_an_ner comRatible with
and complimentary to the planned business park function.
The large floor plate retail uses as permitted by the OP allow a department store anchor
and a supermarket with minimum gross leasable area (gla) figures. The subject
rezoning application proposes a significant increase in size to the main anchor tenant to
that originally proposed through the approval process of OPA 58.
Zoning By-law
The subject lands are zoned "Business Park (BP-4i) Exception Zone" by Zoning Bylaw
2213-78 as amended by Bylaw 4669-05.D which was approved by Council on May 25,
2005. The OMB dismissed two appeals to the bylaw and the approval of the bylaw was
issued by the OMB on December 15, 2005.
The bylaw is structured to implement the provisions of the OPA 58 and the background
supporting documents related to marketing, traffic and urban design.
Bylaw 4669-05.D permits one (1) department store of up to a maximum of 12,319 m2
(132,605 sq.ft.) gross leasable area (gla), and one (1) supermarket with a maximum gla of
10,591 m2 (114,000 sq.ft.). The bylaw also allows a membership club and a building
supply outlet as other large floor plate commercial uses. The specifics of the bylaw provide
phasing provisions and allow a total of up to 50,166 m2 (540,000 sq.ft.)gross leasable area
for all retail and service commercial uses within the BP-4i zone. Site specific bylaw
definitions are included for uses such as 'department store' and 'supermarket'.
PROPOSAL
The applicant proposes to develop Phase I of the lands on the east side of First Commerce
Dr. directly south of the State Farm office lands for a large format Wal-Mart store. The
owner has submitted an application to amend the site specific provisions of Bylaw 4669-
05.D to allow:
a) a department store use (Wal-Mart) of up to 20,392 m (219,500 sq.ft.) gla (which
exceeds the limit of 12,319 m2 (132,605 sq.ft.)gla as currently set in the bylaw),
b) the department store to sell a full range of food products beyond the'limited range'
of foods as currently defined in the bylaw. The full range of food product sales
within the department store would not exceed 5,110 m2 (55,000 sq.ft.) gla, and
c) either a department store or a supermarket, but not both, would to be permitted
in the BP4i zone.
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PUBLIC PLANNING — APRIL 26, 2006
April 26, 2006 - 3 - Report No. PL06-045
The applicant advises that this larger format department store is in keeping with its new
prototype department stores that are being launched in Canada. The larger store would
sell an expanded range of food products from those currently identified by the department
store definition.
It should be noted that the applicant has also submitted a concurrent Site Plan application
to the Town to allow the development of the larger format Wal-Mart store as Phase 1 of the
Aurora Gateway Centre (File: D11-01-06). That site plan application was circulated with
the zoning bylaw amendment application to departments and agencies for review and
comment. A copy of the original site plan is attached as Figures 2-3 for Council
information.
The Site Plan Review Committee met on March 30 to review the site plan and preliminary
comments were provided to the applicant. Based on these comments the applicant
revised site plan was submitted on April 17, 06 and is attached as Figure 5 to this report.
COMMENTS
Proposed Bylaw Changes
Bylaw 4669-05.D sets out site specific definitions, phasing provisions and performance
standards to implement the OP policy provisions and relevant support studies. The
specifics of the proposed bylaw changes are set out as follows:
1. Amend the definition of `Department Store' (Section 27,D.8.1.1) to replace the words "a
limited range of foodstuffs and sundries" with the words "a broad range of food
products, not to exceed 5110 square metres" so that it will read;
"Department Store
Means a retail store where a wide range of merchandise is sold and services are
provided on a departmentalized basis, such as: household furniture and furnishings;
household appliances; clothing and apparel; hardware; paint and wallpaper; drugs;
photo equipment and services; restaurant, including drive through or take out
facilities; optical; a broad range of food products not to exceed 5100 square
metres; books and stationary, and other miscellaneous retail goods and
commodities, and may include, as accessory uses, a tire and Tube service shop and
an accessory garden centre.
2. Amend Section 27.D.8.2.4.2 (a) to increase the maximum permitted gross leasable floor
area of the department store from "12,319 square metres" to "20,392 square metres"
and to provide restrictions on the maximum permitted gross leasable floor area for the
sale of food products in the department store so that it will read:
(a) a maximum of one (1) department store shall be permitted, with a maximum
gross leasable floor area of 20,392 square metres, exclusive of any outdoor
portion of an accessory garden centre, which shall have a maximum size of
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PUBLIC PLANNING — APRIL 26, 2006
April 26, 2006 - 4 - Report No. PL06-045
1, 675 square metres, provided that the gross leasable floor area for the sale of
food products and sundries in the department store does not exceed 5,110
square metres. ;
3. Amend Section 27.D.8.2.4.2, Gross Leasable Floor Area —Specific Uses
(maximum) by_adding_a new subsection (h)as follows:
(h) either a department store identified in subsection (a) above or a supermarket
identified in subsection (d) above, but not both, shall be permitted on the lands
zonded BP-4i.
Wal-Mart has announced that a new prototype department store is being introduced in
Ontario which increases the store floor area and expands the range of food product sales.
As noted above the current bylaw definition allows only'limited' food sales and no specified
gla. The new department store format would amount to 20,392m2 (219,500 sq.ft.) gla or
an increase in size by approx. 8100m2 (87,000 sq.ft.) gla. This would be less than a
combined area of a department store and supermarket as currently permitted on the lands.
Council should consider changes to the bylaw as it applies to the subject lands in the
context of:
a) conformity to the Official Plan polices,
b) impact (if any)to the approved regional retail centre background studies (i.e. market,
traffic and urban design), and
c) the ability of any amended site design to adhere to the high standards of urban
design and built form as outlined in the approved Urban Design Guidelines.
Official Plan
As noted above the provisions of the Official Plan have set the policy parameters for a
regional gateway centre within a business park designation. The OP requires a minimum of
two large format retail stores, sets floor area provisions and requires that the centre be
developed as a comprehensive development plan under a high standard of urban design
guidelines. The subject bylaw amendment application proposes to increase the overall
size of the department store and to'combine' a department store and supermarket function
under one roof. In order to finalize our position of Official Plan conformity however it must
be determined that the overall design of the large format store can meet the Official Plan
business park development policies urban design policies and supporting documents.
Traffic
The applicant's traffic consultant (iTrans) submitted an internal traffic report and site
circulation report with the subject bylaw amendment application. The report was based on
the original site plan submission which was designed in the form of a 'grid' layout. A
recent addendum report from iTrans dated April 13, 06 was submitted in support of the
revised site plan. The Town's peer review consultant (Earthtech) has conducted an initial
review of the addendum and, as of the date of the preparation of this report has provided
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PUBLIC PLANNING — APRIL 26, 2006
April 26, 2006 - 5 - Report No. PL06-045
the comments as reviewed by staff and summarized below.
Additional information is required from iTrans traffic consultant to justify the estimated trip
rates for this large format 'combined' department store. It is recommended that if similar
prototype Wal-Marts are not yet developed in Canada that U.S. examples be submitted as
a basis for this review.
The intersection of First Commerce Dr. and the northerly Wal-Mart driveway access will
experience high volumes of traffic. The signalization cycle times will result in an increase
of the queuing distance on the easterly driveway access at the intersection. The
increased length of the queuing lanes must be designed without interference to sight lines
or interconnecting driveway access points.
Earthtech is currently reviewing the driveway design that interconnects First Commerce Dr.
to the business park quadrant of the centre. It is vital that this transportation link will
function at a level of service previously determined as part of the approved background
transportation studies for OPA 58.
The extensively large internal parking area in front of the enlarged Wal-Mart proposes
1081 parking spaces. This parking area has not yet been examined in detail for access,
manoeuvring and design efficiencies. The overall size of the enlarged department store
and resulting parking area has pushed the Phase 1 development limits further towards
Wellington St, thereby reducing the development area between the boulevard roadway and
Wellington St. In this regard the overall size of -the parking area may present design
challenges to satisfy both the transportation and urban design considerations for the
Gateway Centre lands. This matter will be reviewed in concert with urban design
consideration as part of the site plan review.
Marketing
The permitted retail uses and floor areas of the various commercial components of the
Gateway Centre were established through the background marketing and economic impact
reports conducted as part of the OPA 58 review and approval. The Town retained Scott
Morgan Assoc. to conduct a peer review of the applicant's most recent marketing report.
Mr. Morgan's findings include the following:
The proposal is to allow a 20,392m2 (219, 504 sq. ft.) large format Walmart which would
include:
Supermarket up to 55,000 sq.ft.
Services (dry cleaner, ATM, photo shop) up to 9500 sq. ft.
Non food up to 155,000 sq.ft
Total 219,500 sq. ft.
The current maximum area requirement of the department store is 132,600 sq. ft. The
difference in area between the proposed and current department store is therefore
155,000 sq.ft. — 132,600 sq.ft = 22,400 sq.ft.
It is expected that the current approved supermarket of 114,000 sq ftwould be expected to
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PUBLIC PLANNING - APRIL 26, 2006
26. 2006 - 6 - Report No. PL06-045
use approx. 75,240 sq. ft for food sales and 38,760 sq. ft. of department store type
merchandise (DSTM) and other sales.
The following influences are taken into consideration for the enlarged Wal-Mart (combined
supermarket and department store) to perform at an expected level of dollars per square
foot of floor space:
• This prototypical floor area may be incorporated into wider aisles, less dense
stocking and more checkouts and greater efficiencies in overall floor area.
• Market competition of other Wal-Mart stores in the surrounding market area.
• New combination store format is new and does not have a presence in the current
marketplace.
• Other new format retail chains are actively adapting which can be expected to put
downward pressure on the subject Wal-Mart food and non-food sales.
Combining the food and non-food components of the single (enlarged) department store
would equate to less than the allowable totals of the individual department and
supermarket stores.
The 5100m2 (55,000 sq.ft.) of supermarket food sales as proposed within an enlarged,
Wal-Mart would not impose adverse competitive effects on the existing supermarket
conditions.
The capping of the supermarket use and including _that use as either a department store or
as an independent use, but not both, will assist in ensuring the control of market impacts.
The proposed bylaw amendments are supportable from a marketing perspective.
Urban Design
The review of the bylaw amendment and site plan applications are being assessed to
ensure conformity to the "Aurora Gateway Business Park Urban Design Guidelines"
prepared by Turner Fleischer Architects Inc dated May 2, 2005, and the Wellington Street
East Corridor Urban Design Guidelines prepared by Brook Mcllroy Inc. These Guidelines
address various architectural, landscape and planning issues that affect the lands and
provide the foundations necessary to guide the development of the Retail/Commercial and
Business Park lands in becoming a vital component of Aurora. The Guidelines provide the
direction necessary to ensure that the design of buildings, public and private roads,
landscaping, parking, driveways, pedestrian areas, and other site features are in keeping
with the overall prestigious vision established for the Gateway Centre. The guidelines set
out provisions for a balanced development of commercial and business park uses from the
highly visible and well -travelled Highway 404.
The Town has retained Brook Mcllroy to conduct a peer review of the urban design aspects
of the development proposal.
The Aurora Gateway Business Park Urban Design Guidelines includes a Site Concept Plan
which illustrates how the various building massing, driveways, parking areas, pedestrian
PUBLIC PLANNING — APRIL 26, 2006
April 26, 2006 - 7 - Report No. PL06-045
linkages nd landscaping components could combine to achieve the vision outlined in the
written guidelines. Council's final approval of the Guidelines incorporated a curvilinear
road modification to allow a more direct vehicular access to the business park quadrant of
the site.
The applicant's original site plan application proposed an internal driveway layout in a grid
type pattern (see Figures 2 and 3) vs. a more curvilinear driveway network as shown in the
approved guidelines. In response to staff's concerns the applicant resubmitted the site
plan with accompanying plans and reports on April 17 in a manner which the applicant
states to now conform to the guidelines. The applicant has also submitted revised building
elevations for the Wal-Mart department store as part of the site plan resubmission in
response to the architectural and building fagade comments provided to date. The revised
site plan submission is currently under review.
The subject application represents Phase 1 of development and will set the stage for the
remaining phases of the Aurora Gateway Centre land development. The subject rezoning
and site plan applications vary from the overall layout as envisioned by the Site Concept
Plan. This occurs as a result of the proposed larger building floorplate being created on
the east side of First Commerce Dr. and with the extensive consumption of land now
needed for parking.
The initial comments from the peer review consultant are that the overall increase in the
size and scale of the Wal-Mart retail commercial component would appear to have an
impact on the some of the design principles as outlined in the urban design guidelines, and
the ability to implement a balanced retail commercial function within the business park. As
the most recent site plan revision was submitted on April 17, staff and the peer review
consultant have not had the opportunity to fully review the specifics of the submission. A
detailed design review of the site plan will be required to ensure compliance with the urban
design guidelines.
Planning comments
Official Plan Amendment No. 58 designates the subject lands as a regional serving retail
centre. The original OPA and Zoning Bylaw amendment (ZBA) applications as filed by
Whitwell Development for regional retail use were supported by a number of studies
prepared by the applicant's consultants and were peer reviewed by the Town's consultants.
Those studies included economic impact, market, traffic, urban design and functional
servicing.
The development polices of OPA 58 are detailed and specific to ensure a high quality of
site design and building development throughout all phases of development. The OP
requires a minimum of two (2) primary or large floorplate retail, and a maximum aggregate
commercial floor area of approximately 50,166 m2 (540,000 sq. ft.). The changes
proposed by the bylaw amendment are a change to built form. The implementation
provisions of OPA 58 requires that all development shall be consistent with Wellington
Street East Urban Design Guidelines, and the Aurora Gateway Business Park Urban
Design Guidelines. Staff recommends that the site plan application be considered and
approved by Council prior to Council's consideration of the bylaw amendment application.
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PUBLIC PLANNING - APRIL 26, 2006
April 26, 2006 - 8 - Report No. PL06-045
Department Comments
Leisure Services:
No objection in principle to the subject zoning bylaw amendment application. The main
interests of the Leisure Services Dept relate to the site development plan and its
conformity to the Aurora Gateway Business Park Urban Design Guidelines. Leisure
Services have indicated that it has a number of concerns to the site plan submission in
this regard, and have outlined these concerns in more detail in their site plan
application comments. These relate to site landscaping vision, promenade street
design, pedestrian movement plan, overall impact on remaining undeveloped portion of
the Whitwell lands, and landscaping details.
Public Works:
No objection in principle to the bylaw amendment application provided it does not impact
on servicing or traffic matters. Public Works are currently reviewing the revised traffic
report which was recently submitted as part of the revised site plan application. Detailed
comments related to engineering matters will be reviewed and comments will be provided
- --as-part-of-the-site-plan-application, -- - - - - -- - - - - -- --
Building Department:
The Building Dept. has no objection or comment to the bylaw amendment application but
note that the bylaw amendment would read more clearly if the commercial gla and
restriction on uses were not included in the definition section of the bylaw (as proposed by
the applicant) but included under the 'uses permitted' section. The Building Dept. would
like to review the text of the proposed amending bylaw prior to Council consideration. The
revised site plan submission will be reviewed for conformity to the Bylaw and comments will
be provided to that submission. The Building Dept. will also be reviewing those plans for
conformity with the Town's sign bylaw and Building Code at the permit stage.
Power Stream / Hydro
Power Stream advise that the application has been forwarded to its commercial/ industrial
division for comments and technical comments will be provided as soon as possible.
Central York Fire Services
No objection to the proposed bylaw amendment. The applicat has been working with Fire
Services to address emergency and fire fighting issues as part of the revised site plan
application process.
Lake Simcoe Region Conservation Authority
No objection to the application, but advise that a watercourse traverses the northeast
corner of the owner's lands. The watercourse is part of a coldwater system and 30m
PUBLIC PLANNING — APRIL 26, 2006
April 26, 2006 - 9 - Report No. PL06-045
naturally vegetated buffer will be required.
Provincial Policy Statement
The subject proposal is considered to be consistent with the provisions of the Provincial
Policy Statement.
OPTIONS
At the Public Planning Meeting, taking into consideration comments from staff and
residents, Council has the option of;
a) resolving that the application be brought back for further consideration by Council
upon resolution of the major outstanding including a review and the site plan for
conformity to the Official Plan and associated urban design guidelines issues;
b) approving the bylaw amendment application in principle, with the amending bylaw being
scheduled for approval after Council has had the opportunity to review and approve the site
plan or;
c) denying the bylaw amendment application 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. Review of the
subject application through the Zoning By-law Amendment process will facilitate this
objective.
CONCLUSIONS
The applicant has applied to the Town to amend Bylaw 4669-05.D to allow; a department
store use (Wal-Mart) of up to 20,392 m (219,500 sq.ft.) gla which exceeds the 12,319 m2
(132,605 sq.ft.)gla limit as currently set in the bylaw, and for the department store to sell a
full range of foods items not exceeding 5,110 m2 (55,000 sq.ft.) gla.
OPA 58 sets out specific land use polices to recognize the prominence of Aurora's gateway
business park at this location. The OPA specifies the lands must be developed in a manner
that applies a high priority on strong urban design principles to emphasize that the lands
must be developed as a modern business park. Detailed urban design guidelines were
prepared for the gateway centre and were approved by Council in May 2005. The changes
in zoning must be reviewed in the context of the policies of the OPA, the OPA background
studies and the implementation documents such as the urban design guidelines. The
PUBLIC PLANNING — APRIL 26, 2006
1 26, 2006 - 10 - Report No. PL06
Town has retained peer review consultants to review market, traffic and urban design
issues of the large format Wal-Mart.
On April 17, 2006 the applicant resubmitted a revised site plan application to address
comments provided by staff on the initial site plan submission. Preliminary comments
have been submitted however the revised site plans have not been reviewed in sufficient
detail to provide final comments on the conformity to the OPA 58 support studies and in
particular the urban design guidelines. The proposed enlarged Wal-Mart store and the
associated mass of parking will create a challenge in being able to comply with the urban
design guidelines for both the proposed Phase 1 site and the balance of the lands on the
east side of First Commerce Dr. Staff recommend that a review of the site plan occur and
that a staff report on the site plan be presented to Council prior to the consideration of the
approval of any proposed bylaw amendment.
.ATTACHMENTS
Figure 1 - Location Plan
Figure 2 —Applicant's conceptual development plan for lands east of First Commerce Drive
Figure 3- Applicant's proposed Site Plan for the Wal-Mart department store.
Figure 4- Zoning Map of Aurora Gateway Business Park,
Figure 5- Applicants April 17th resubmitted site plan for Wal-Mart department store.
PRE -SUBMISSION REVIEW
Management Team Meeting — April 19, 2006
Prepared by: Glen Letman, Manager of Development Planning
Extension 4346
Se , M.C.I.P., R.P.P.
irector of Planning
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