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AGENDA - Special Council - 20040526
TOWN OF AVIOU PUBLIC PLANNING AGENDA NO, 0449 MAY 26P 2004 7:00 PAN COUNCIL CNAMBERS AUROM TOWN NALL PUBLIC RELEASE 21/05/04 TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 04-19 Wednesday, May 26, 2004 I DECLARATIONS OF INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda be approved as presented. III PLANNING APPLICATIONS IV READING OF BYLAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4539-04.C BEING A BY-LAW to (pg. 22) Confirm Actions by Council Resulting From This Meeting - Wednesday, May 26, 2004. V ADJOURNMENT AGENDA ITEMS 1. PL04-062 - Official Plan and Zoning By-law (pg. 1) Amendment Applications 2029193 Ontario Inc. Lot 10, Registered Plan 65M-2873 248 Earl Stewart Drive File D09-02-04 and D14-02-04 RECOMMENDED: THAT Report PL04-062 be received as information and that Council determine their position with respect to the applications, subject to public comments received. 2. PL04-064 - TRUSTHOUSE 88 INC. (pg. 9) Part of Lot 76 & Part of Road Allowance between Lots 75 & 76, Con 1 EYS, 520 Industrial Parkway South Official Plan Amendment and Zoning By-law Amendment Applications File Nos. D09-03-04 & D14-03-04 respectively RECOMMENDED: THAT report PL04-064 be received; and THAT Council determine its position with respect to the application, subject to the public comments received. SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 2 AGENDA ITEM # -L-J TOWN OF AURORA PUBLIC PLANNING REPORT No. PL04-062 SUBJECT: Official Plan and Zoning By-law Amendment Applications 2029193 Ontario Inc. Lot 10, Registered Plan 65114-2873 248 Earl Stewart Drive File D09-02-04 and D14-02-04 FROM: Sue Seibert, Director of Planning DATE: May 26, 2004 RECOMMENDATION THAT Report PL04-062 be received as information and that Council determine their position with respect to the applications, subject to public comments received. BACKGROUND Location/Land Use As illustrated on the attached Figures 1 and 2, the subject lands are located at 248 Earl Stewart Drive, at the southwest corner of Isaacson Crescent and Earl Stewart Drive and are known legally as Lot 10, Registered Plan 65M-2873. The lands are currently vacant and are 0.64 hectares (1.58 acres) in size and have a frontage of approximately 82.9 metres (271.98 feet) along Earl Stewart Drive and 74.4 metres (244.09 feet) along Isaacson Crescent. Surrounding Uses To the North: Isaacson Crescent and proposed offices (Chafam Premiere Inc.); South: Industrial; East: Earl Stewart Drive and proposed Loblaws; and West: Industrial. Official Plan The subject lands are designated "General Industrial" in the Aurora East Industrial Estates Secondary Plan (Official Plan Amendment No. 52). This designation permits the predominate use of the lands for all uses permitted in the Prestige Industrial designation, but also permits automobile repair shops, public and institutional uses such as service clubs, religious institutions, curling clubs and arenas. It also permits limited retail sale of products made or assembled in the industrial premises. The proposed use of the subject lands is therefore not permitted in the Official Plan. —1— SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 -2- Report No. PL04-062 Zoning By-law The subject lands are zoned "General Industrial Specific (M6) Zone," which also does not permit the proposed use of the lands. PROPOSAL The applicant is proposing to amend the Official Plan from "General Industrial" to "Service Commercial Special" and amend the Zoning By-law from "General Industrial Specific (M6) Zone" to "Office Commercial (C6-X) Exception Zone." The purpose of the applications is to allow for the use of the lands for business and professional offices including medical and dental offices, clinics, medical and dental laboratories and other accessory uses. Other than the permitted uses, the other exception requested to C6 Zone is a reduction in the minimum required lot area from 8,000 square metres to 6,000 square metres. As illustrated on the Conceptual Site Plan (Figures 3), the applicant is proposing a two- phase development of the site. Building "A" or Phase 1 is proposed to be 641.2 square metres (6,902.05 square feet) and Building "B" or Phase 2 is proposed to be 440.9 square metres (4,745.96 square feet). Access to the site is proposed off of both Earl Stewart Drive and Isaacson Crescent. A centrally located parking area divides the site into the two phases. Phase 1 is proposed to front Earl Stewart Drive and Phase 2 is proposed towards the western portion of the property. A total to 91 parking spaces are proposed, 57 for Phase 1 and 34 for phase 2. As previously mentioned, parking is proposed centrally and is also proposed along the southern and western boundaries of the site. Landscaped strips are proposed along the sites boundaries, with significant landscaped areas along the two road frontages. As illustrated on the Conceptual Building Elevations (Figure 4), the elevations are proposed to be a stone fagade, with tiled roof. More detailed elevations will be required through the site plan control process. COMMENTS Planning Considerations The proposed use of the subject lands is compatible with the surrounding existing and proposed land uses. An official plan and zoning by-law amendment application was approved for the property located immediately north of the subject lands, which allows its use for a 14,622 square metre office building. Furthermore, the site plan agreement is currently being finalized for a Loblaws supermarket, located east of the property. With respect to the broader neighbourhood context, a number of applications have been made in this area to allow for changes in use from industrial to a variety of commercial uses. In addition, residential uses are existing and being constructed east of BayviewAvenue, north of St. John's Sideroad and west of the subject lands in the Bayview Wellington North Community. Therefore, it is intended that the proposed business and professional offices will serve the larger residential, commercial and industrial community. —2— SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 - 3 - Report No. PL04-062 From a design perspective, small-scale office buildings may provide for a higher level of design than an industrial building would. Furthermore, policies are contained in the Official Plan that speak to development in the area having a high level of design. Specifically, the "Service Commercial" policies state that development within this designation shall have "a high standard of design incorporating compatible landscaping, building form and materials of construction." Departmental and Agency Comments The subject Official Plan and Zoning By-law Amendment applications were circulated to both internal departments and external agencies and there have been no objections to them, there have been some comments however. The Public Works Department has stated that the general grading, driveway locations, parking, noise, drainage system, fencing, sedimentation control, surface treatment and all underground services will be reviewed through the site plan control process. They also identified the need for a Stormwater Management Report detailing the proposed drainage for the site and stated that a Traffic Study may be required detailing the egress and ingress impact of the proposed development. The Leisure Services Department has indicated that they have no objection in principle to the applications, provided that a high standard of landscape design, coordinated and compatible with urban design objectives is implemented through the site planning of the property. They also requested that the interior side and rear lot line landscape strip be increased to 3.0 metres to allow for adequate implementation of the Town's Landscape standards. Economic Development has indicated that they are in general support of the applications and state that the proposed office commercial uses will add to the Town's economic vitality and the area's diversity, while providing employment opportunities and assessment to the community. In addition, the applicant is proposing to retain the property as employment generating lands. Aurora Hydro has indicated that they have an existing 3.0 metre registered easement along the west and north property lines, which must be indicated on all plans submitted. The Lake Simcoe Region Conservation Authority has also requested a Stormwater Management Report as part of the future site plan submission and have requested a detailed erosion and sediment control plan detailing the measures that will be implemented before, during, and after construction to minimize soil erosion and sedimentation. The Regional Planning Department has indicated that they have no objection to the applications, as they recognize that the characteristics of the rapidly developing residential area are changing and there is an increasing need for service commercial uses. They also granted the applicant their request that the official plan amendment be exempt from approval by Regional Planning Committee and Council. The Town of Aurora will therefore be the approval authority. Finally, it should be noted that Central York Fire Services has issued a letter indicating that they do not object to the applications. OPTIONS At the Public Planning Meeting, Council has the option of approving the applications in —3— SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 -4- Report No. PL04-062 principle, subject to the resolution of outstanding issues. They also have the option of resolving that the applications be brought back to a further public meeting upon resolution of the major outstanding issues, or they have the option of denying the applications outright. CONCLUSIONS Applications have been submitted for an Official Plan and Zoning By-law Amendment, which would amend the Official Plan from "General Industrial" to "Service Commercial Special" and amend the Zoning By-law from "General Industrial Specific (M6) Zone" to "Office Commercial (C6-X) Exception Zone." The purpose of the applications is to allowfor the use of the lands for business and professional offices including medical and dental offices, clinics, medical and dental laboratories and other accessory uses. Should Council determine there is merit in the subject applications, it is recommended that the approval of the Official Plan Amendment be subject to the public comments received. It is further recommended that approval of the Implementing Zoning By-law be subject to the review of at least the first site plan submission. This would ensure for a more detailed review of the proposed development and would ensure the proper function of the site and it's compliance with the Implementing By-law. FINANCIAL IMPLICATIONS If approved, the use of the lands for office commercial purposes would still maintain its employment function. 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 applications through the Official Plan and Zoning By-law amendment processes facilitates this objective. ATTACHMENTS Figure 1 - Location Figure 2 - Survey Figure 3 - Proposec Figure 4 - Proposec Plan Conceptual Site Plan Conceptual Elevations PRE -SUBMISSION REVIEW: Management Team Meeting - May 19, 2004 Prepared by. Fausto Filipetto, Planner Extension 4342 u ei ert, Director of Planning —4— N N LN Downey Gir D ST. JOHN'S S1pEROA csor G res t i i�-- 'L`ANDS: Lu v a ui LU _ I LLU Y C0 i Pedersen Dr LOCATION PLANR'" 0 75 150 1406 APPLICANT: 2029193 ONTARIO INC. I+ FILE: D09-02-04 & D14-02-04 Metres AURORA PLANNING DEPARTMENT Scale 1:3000 DATE: MAY 26TH, 2004 FIGURE 1 Location Plan created by the Town or Aurora Planning Department April 2r�d, 2004; modified on May 18th. 2004. Base data provided by York Region. SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 STEW ART oWkuleO eY PMbtaN Plon epM-2al] meek"^2F 1 � ��b I y ito' O� 0 O d' 60 �"0 -�.0 o hq.o fA ��6ps z m� mob 4 c 0 N O c) J q CLL O W � b 51?yo � . N 134340 .W \ 0) illi gi C— ps G SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 ores-LusOva nos •Damao 'Ma 3AIH0 iUVM3IS IHV3 84Z sHl owwnv wwiaswmmem at CLSZ•W99 NV -Id 03Lj31SlD3U g 09IOS NVIS30 ivaniommoutl 0L10'1 'ONIOILiV1NOE6L6ZOZ NV -id 3.LIS ) $ W JNI S1N3Wd0'13A30 ONIOlIf1HlH1N3a m z v1 Nwd "' o Nie�%i�di� VU\ 0 103fOkid ;ONIMtltlO p 40 2 LL .-OS WIT LIC PLANNING 04-18 MAY 26 2004 OPo9-[UL "A Cma tgz5 �t31 6H4 W9'WCrva'.m U.a.1. eaom.mP 011nl3 N`DIS30 ivHn1O311HOHV m Z O H w J W ¢n W Q cn w 3AlUCI lUVM31S.'lhlV9 OVZ U93-W99 NVId 03H31SIEJ3H b 4 101 'ONI OlUV1NO CK6ZOZ ONI0lU181V1N30 �10311�lid lu = J ro cD zZ Cl) 0 HJ w 2 3 v uj SNOUVA313 m N w L. :ONIMV40 p G m V Z m SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 OnnA AGENDA ITEM # aZ TOWN OF AURORA PUBLIC PLANNING MEETING No. PL04-064- SUBJECT: TRUSTHOUSE 88/NC. Part of Lot 76 & Part of Road Allowance between Lots 75 & 76, Con 1 EYS 520 Industrial Parkway South Official Plan Amendment and Zoning By-law Amendment Applications File Nos. D09-03-04 & D14-03-04 respectively FROM: Susan Seibert, Director of Planning DATE: May 26, 2004 RECOMMENDATIONS THAT report PL04-064 be received and that Council determine its position with respect to the application, subject to the public comments received BACKGROUND Location/Land Use: The subject property, consisting of approximately 0.73 hectares (1.8 acres), is located at the north-east corner of Yonge Street and Industrial Parkway South (Figure 1). There is currently an abandoned bungalow on the subject lands. Surrounding Uses: North: Railway & Automotive north of the railway South: Chamber of Commerce & Estate Residential East: Highland Park West: Vacant Land & Yonge Street Official Plan: The subject lands are designated "Estate Residential' in the Official Plan (Figure 2). SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 - 2 - Report No. PL04-064 Zoning By-law: The subject lands are zoned "Rural (RU-ORM) Zone' (Figure 3). Zoning By-law No. 4469- 03.D states that "Notwithstanding any other provisions of this By-lawto the contrary, where a Zone symbol is followed by the letters "ORM", no person shall use the land, (including expanding, enlarging or otherwise altering an existing use, building or structure), for any use other than a use existing as of November 15, 2001, without an amendment to this By- law in accordance with the policies of the Official Plan, the Oak Ridges Moraine Conservation Plan, the Oak Ridges Moraine Conservation Act, 2001, and the Planning Act, as amended. PROPOSAL The applicant has applied for an amendment to the Official Plan and the Zoning By-law to permit a funeral home and a business and professional office use, including medical offices (Figures 4 to 6). The lands are on the Oak Ridges Moraine (ORM) and therefore, the applicant is required to demonstrate compliance with the provisions of the policies of Official Plan Amendment No. 48 (OPA No. 48), the Oak Ridges Moraine Conservation Plan, the Oak Ridges Moraine Conservation Act, 2001, and the Planning Act. Official Plan Amendment No. 48 (Oak Ridges Moraine Conformit As noted above, the subject lands are located on the Oak Ridges Moraine, and therefore, prior to Council approving an amendment to the Official Plan and the Zoning By-law, the applicant shall demonstrate that the proposal is in conformity with the Oak Ridges Moraine Conservation Plan (ORMCP) and OPA No. 48. The Owner's planning consultant has submitted a report that is intended to address the site's conformity with the ORMCP and OPA No. 48. However, as acknowledged within the report, a Stormwater Management Report is required to be submitted in order to address groundwater recharge. A Stormwater Management Report has not been submitted to date and therefore, Staff cannot confirm conformity of the subject proposal with the ORMCP and OPA No. 48. A Stormwater Management Report is required to be submitted with a site plan application for the lands and therefore, approval of an Official Plan Amendment for the subject lands should not occur until conformity with the ORMCP and OPA No. 48 has been determined through the site plan process. As discussed later in this report, a Zoning By-law Amendment for the subject lands should also not be brought forward to Council until such time as the processing of a site plan application has reached a satisfactory stage, as determined by Staff. —10— SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 - 3 - Proposed Funeral Home Use As noted above, there are two buildings proposed for the lands. a funeral home. The applicant has advised the Town that Thompson Funeral Home to relocate from its current location subject building. If the subject applications are approved, the Committee of Adjustment to sever the lands and convey Thompson Funeral Home. Report No. PL04-064 One of the buildings is for it is the intention of the on Victoria Avenue to the owner would apply to the the westerly property to The proposed location appears to be appropriate for the location of a funeral home for the following reasons: The site is large enough to accommodate the size of building that the Funeral Home requires, while still maintaining the required 30.0 metre setback from the GO Train Right of Way. The site is also large enough to accommodate the number of parking spaces required by the zoning by-law. In fact, using the current standards of the zoning by-law, the proposed number of parking spaces exceeds the by-law requirement by 13 spaces. Staff notes that the two spaces abutting the "Stone Abutment', at the northeast corner of the site, do not comply with the by-law and should be reconfigured or removed from the plan. However, it appears that two spaces could be added to the western end of the north parking aisle. The proposed use is compatible with the surrounding uses. Yonge Street exists to the west and to the north, there is a railway and an automobile dealership. To the east is a soccer pitch and to the south is the Chamber of Commerce office and estate residential. The estate residential is located across Industrial Parkway South and fronts onto Alm Court. There is a large berm/hill at the rear of the residential properties and the dwellings are substantially buffered by landscaping. The proposed funeral home is only one storey in height, with a two storey appearance on the west side, as the land slopes away towards Yonge Street. The site is currently buffered on the west and north sides by an extensive row of mature coniferous trees. The proposed use is will have no facilities for cremation. The elevation drawings for the proposed funeral home, although only conceptual at this point, show a building that is aesthetically pleasing, with a stucco finish, a low pitched roof, and appropriate use of the grades of the land. However, Staff would like to see additional windows added to the west elevation to break up the large wall space. —11— SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 - 4 - Report No. PL04-064 The "Stone Abutment" referred to above and shown on Figure 4 is the last remaining overpass pillar of the old Yonge Street Radial Railway that operated along Yonge Street until the 1930s. The Radial Railway was one of numerous electric railway lines that "radiated" from the City of Toronto. This particular line linked Lake Simcoe and towns to the south to the City of Toronto. The stone abutment is the last large remaining artefact of the radial railway in Aurora and the Town's Local Architectural Conservation Advisory Committee (LACAC) is interested in ensuring that the historical monument is preserved. To this end, LACAC has approached the Owner to designate the pillar as an historical monument. Staff suggests that arrangements for its preservation be made through the site plan agreement discussed above. Proposed Business and Professional Offices includinq Medical The second component to the Official Plan Amendment and Zoning By-law Amendment applications is a proposal to create a business and professional office building, including medical offices, on the east side of the subject lands. The proposed office building is 2 storeys in height, with 385 square metres of floor area per floor, for a total floor area of 770 square metres. The proposal to locate a business and professional office building in this location is acceptable, as such a use is compatible with surrounding uses and forms an appropriate transition into the industrial area to the east. However, Staff has some concerns that should be addressed prior to an Official Plan and Zoning By-law Amendment being forwarded to Council for approval. One concern is with the proposed 5.5 metre front yard setback. The standard "Office Commercial (C6) Zone" requires a minimum front yard setback of 12.0 metres. However, if the entire front yard is used for landscaping purposes and the maximum height is set at two (2) storeys, Staff suggests that a minimum 7.5 metre setback would be acceptable. The Town of Aurora Zoning By-law includes a parking standard of 6.5 parking spaces per 100 square metres of floor area for medical clinics and therefore, the required parking for the subject proposal would be 50 spaces. Although 50 spaces are indicated on the concept plan, the appropriate configuration and layout of these spaces can only be confirmed at the detailed site plan stage. The floor area of the office building may have to be reduced in order to provide a sufficient amount of parking to meet the by-law standard. —12— SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 - 5 - Report No. PL04-064 Comments Concernina Both Proposed Uses Staff is concerned that, even though the applicant appears to have met the parking requirements of the by-law for both the funeral home and the office building, the use of the office building for 100% medical offices could generate a requirement for parking that is greater than that provided. In addition, Staff is concerned about the amount of parking required for high attendance funerals, given that the proposed funeral home has facilities for funeral services and subsequent gatherings. It should be noted that, to the east of the proposed office building, the Town of Aurora owns the land and leases the land to the Aurora Soccer Club. Any parking spillover will not be permitted onto the Town owned lands without prior approval. In addition, the Region of York and the Public Works Department have both indicated that, should the subject applications be approved, a traffic study will be required to be submitted with the Site Plan Application. Given the above comments, Staff will request that a combined traffic and parking study be submitted with the site plan application and that the study also address the potential for parking spillover onto Industrial Parkway South and abutting lands. In summary, conformity of the applications to the Oak Ridges Moraine Conservation Plan (ORMCP) and OPA No. 48 cannot be confirmed until a site plan application with a Storm Water Management Report is submitted. In addition, a traffic and parking study and a detailed review of the site plan may impact the standards of a proposed zoning by-law amendment. Therefore, although both components of the applications have merit and appear to represent good planning, Staff recommends that approval of an Official Plan Amendment for the subject lands not occur until conformity with the ORMCP and OPA No. 48 has been determined through the site plan process and a Zoning By-law Amendment for the subject lands should also not be brought forward to Council until such time as the processing of a site plan application has reached a satisfactory stage, as determined by Staff. OPTIONS Should Council determine that there is merit in the subject applications, it has the option of authorizing Staff to bring forward to Council an Official Plan Amendment at such time as conformity with the ORMCP and OPA No. 48 has been determined through the site plan process and authorizing Staff to bring forward a Zoning By-law Amendment at such time as he processing of a site plan application has reached a satisfactory stage, as determined by Staff. Alternatively, Council could direct Staff to bring forward to Council an Official Plan Amendment and a Zoning By-law Amendment prior to the applicant submitting a Site Plan Application with the Town. Council could also deny the application; however, if this route is followed, Council should be cognizant of the Staff comments. —13— SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 - 6 - Report No. PL04-064 FINANCIAL IMPLICATIONS Not Applicable CONCLUSIONS The applicant has applied for an Official Plan Amendment and a Zoning By-law Amendment to permit the subject lands to be used for a funeral home and a business and professional office building, including medical offices. In summary, conformity of the applications to the Oak Ridges Moraine Conservation Plan (ORMCP) and OPA No. 48 cannot be confirmed until a site plan application with a Storm Water Management Report is submitted. In addition, a traffic and parking study and a detailed review of the site plan may impact the standards of a proposed zoning by-law amendment. Therefore, although both components of the applications have merit and appear to represent good planning, Staff recommends that approval of an Official Plan Amendment for the subject lands occur once conformity with the ORMCP and OPA No. 48 has been determined through the site plan process and a Zoning By-law Amendment for the subject lands should also not be brought forward to Council until such time as the processing of a site plan application has reached a satisfactory stage, as determined by Staff. Therefore, it is recommended that report PL04-064 be received and that Council determine its position with respect to the application, subject to the public comments received. LINK TO STRATEGIC PLAN The Strategic Plan has goals of well -planned growth and fiscal responsibility, efforts to balance these goals are pursued to the extent possible in dealing with development applications. ATTACHMENTS Figure 1 — Location Plan Figure 2 — Existing OP Designation Figure 3 — Existing Zoning Figure 4 — Proposed Site Plan Figure 5 — Proposed Funeral Home Elevations Figure 6 — Proposed Office Building Elevations —14— SPECIAL COUNCIL PUBLIC PLANNING 04-18 MAY 26 2004 May 26, 2004 - 7 - Report No. PL04-064 PRE -SUBMISSION REVIEW Management Team Meeting - May 19, 2004 Prepared by. Michael Mallette, Acting Manager of Planning - Development Extension 4346 ,qdWan $jWbert, mx.I.P., R.P.P. Director of Planning -15- { z L cc . � \$ ©© \ E * \ $ 5 o � « LO \ $ O ] E / LOcl CN } * / o CD ; b 7 � \V \ 54 ;w o Q % .> � - ' ? / IaadlS J0NOA . IaadlS e0NOA z LU J LU cn 0 ƒ $ Z �Eo . $ 0_ )-0§ ap < Ousj o ®°g z§(L V kBuap CC Q 2WE . J &L2