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AGENDA - Special Council - 20041124Council/Committee Ra�afnrw -- TOWN OF AURORA PUBLIC PLANNING' AGENDA NO.OA,9B WEDNESYY NOIIEMBER 24 2004 7:00 p.M. COUNCIL CNAMEERS AURORA TOWN NIILLLL PUBLIC RELEASE 19/11 /04 TOWN OF A URORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 04-36 Wednesday, November 24, 2004 I DECLARATIONS OF INTEREST II APPROVAL OFAGENDA RECOMMENDED: THAT the content of the Agenda be approved as presented. /I/ PLANNING APPLICATIONS IV READING OF BYLAWS RECOMMENDED: THAT the following listed by-law be given 1 st, 2nd and 3rd readings, and enacted: 4619-04.0 BEING A BY-LAW to (pg. 14) Confirm Actions by Council Resulting From This Meeting - November 24, 2004. V ADJOURNMENT AGENDA ITEM 1. PL04-127 - Zoning By-law Amendment Application (pg. 1) Timothy Parker Boland Lot 65, Plan 246 14996 Yonge Street File D14-11-04 RECOMMENDED: THAT Report PL04-127- be received as information and that Council determine their position with respect to the application, subject to public comments received. PUBLIC PLANNING - NOVEMBER 24, 2004 AGENDA ITEM # �.. TOWN OF AURORA PUBLIC PLANNING REPORT No. PL04-127- SUBJECT: Zoning By-law Amendment Application Timothy Parker Boland Lot 65, Plan 246 14996 Yonge Street File D14-11-04 FROM: Sue Seibert, Director of Planning DATE: November 24, 2004 RECOMMENDATION THAT Report PL04-127- 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 the attached Figures 1 and 2, the subject lands are located at 14996 Yonge Street, and are known legally as Lot 65, Plan 246. The subject property is 1,011 m2 (0.25 acres) in size and has a frontage of approximately 20.12 metres (66 feet) along Yonge Street. Surrounding Uses To the North: Realty Office (Remax) South: Realty Office (Barron Realty) East: Commercial (plaza) West: Residential Official Plan The subject lands have been designated as follows by the Town of Aurora Official Plan: ■ Schedule 'A' — Urban Residential ■ Schedule 'B' — Community Commercial Centre ■ Schedule 'C' — Heritage Resource Area —1— PUBLIC PLANNING - NOVEMBER 24, 2004 November 24, 2004 - 2 - Report No. PL04-127- Urban Residential A law office currently exists on the site and the applicant proposes to utilize the ..property for business and professional offices, including medical. Section 3.1.1.j.i of the Official Plan states that, "To support the viability of Aurora's heritage, Council shall permit: i} Limited commercial uses, such as small scale professional or business offices, and studios which are compatible with residential uses in residentially designated structures along arterial streets in Heritage Resource Areas, as shown on Schedule 'C'. Such uses shall be subject to: - the lands being appropriately rezoned..." Community Commercial Centre As illustrated by Schedule 'B' of the Official Plan, the subject property falls within the Yonge Street South Community Commercial Centre. Land use policies within this section of the Official Plan have been fashioned to enhance the performance of these commercial centres to operate as local economic nodes. Heritage Resource Area As illustrated by Schedule'C' of the Official Plan, the subject property is enveloped by the Heritage Resource Area within the Town of Aurora. The site is not specifically designated as a Heritage Resource Site. Planning Staff are of the opinion that the subject application is in keeping with the above mentioned policies and would conform to the Official Plan. Zoning By-law The subject lands are currently zoned as Special Mixed Density Residential (R5) by the Town of Aurora Zoning By-law 2213-78, as amended, which does not list business and professional offices, including medical, as a permitted use. The subject site is currently used as a law office and is considered to have a legal non -conforming status per the provisions of the Zoning By-law. The R5 zone standards also requires a front yard setback of 6.0 metres. PROPOSAL. An application has been submitted to the Town to rezone the property from "Special Mixed Density Residential (R5) Zone" to "Special Mixed Density Residential (R5-X) Exception Zone". The purpose of the applications is to allow for: -2- PUBLIC PLANNING — NOVEMBER 24, 2004 November 24, 2004 -3- Report No. PL04-127- a) Professional offices, including medical, as a permitted use; and b) A front yard setback of 5.0 metres. The applicant proposes to utilize the existing structure and future additions for the use of medical and professional offices. As illustrated on the Conceptual Site Plan (Figure 3), single storey east and west wing additions are proposed to the existing structure. The design and materials of the proposed additions reflect discussions that the applicant has had with LACAC on September 13, 2004, and November 8, 2004. The additions are to be constructed of board and batton material with an asphalt shingled roof, while the brick exterior of the existing building will remain (see Figure 4). The easterly addition is proposed to be 5 metres from the property line. The applicant �roposes to utilize 190m2 (2044ft2) of the building as a medical office and 104m (1119ft) as a professional office (total 3163ft2). The ingress and egress to and from the property are to remain in the existing location, which consists of a 5.5m wide access point to and from Yonge Street. COMMENTS Departmental and Agency Comments The subject Zoning By-law Amendment application was circulated to both internal departments and external agencies and there have been no objections in principle to the subject application. Comments regarding the proposed addition(s) have been provided that are of technical concern and will be addressed through the site plan process. The Building Department has advised that the 2.0 metre front yard setback, that was originally proposed by the applicant, may be insufficient compared to adjoining frontages and that the Town's parking requirements must be complied with in consideration of any building additions. It is noted that at the time the application was submitted the applicant did not know how far the proposed front addition would encroach into the front yard. The R5 zone requires that a dwelling be setback 6.0 metres from the front lot line. With a proposed front addition in mind, the applicant originally requested that the site specific zoning permit a 2.0 metre front yard setback. A survey has since been provided that illustrates that the applicant only requires zoning that would permit a front yard setback of 5.0 metres in order to meet site objectives. As such, the applicant is satisfied with a rezoning that would contain a front yard setback provision of 5.0 meters. Economic Development has indicated that they have no concerns with the Zoning By-law Amendment and that the proposed development augments the other small business and professional offices located along this stretch of Yonge Street. Furthermore, the limited commercial nature of the uses are deemed compatible with the residential uses in residentially designated structures that exist on this arterial. Aurora Hydro, the Leisure Services Department, and the Public Works Department have advised that they have no objections to the proposed By-law Amendment in principle and —3— PUBLIC PLANNING — NOVEMBER 24, 2004 November 24, 2004 - 4 - Report No. PL04-127- have supplied technical comments that can be addressed through the site plan process. It should be noted that Central York Fire Services has also indicated that they do not object to the zoning amendment. Planning Considerations A law office has existed on the subject property for a number of years and has demonstrated that a professional office use is an appropriate development of the subject lands and is compatible with the surrounding land uses. The subject rezoning application proposes to continue to utilize the property for professional office purposes; however, include the use of medical offices. Planning Staff are of the opinion that the proposed uses conform to the intent and purpose of the Official Plan and uphold the Yonge Street South Community Commercial Centre policies, with respect to the broader neighbourhood context, provided sufficient parking is provided as proposed. The intended medical and L professional offices will serve the larger residential, commercial, and industrial community. From a design perspective, small-scale professional and medical offices are compatible uses for properties with a similar lot configuration and location as the subject property, as number of site specific R5 Exception Zones have been created along arterial streets in the "Heritage Resource Area". Conceptual site plans indicate that the applicant is proposing minor physical site alterations including a front addition that would be setback 5.0 metres from the front lot line. Planning Staff are of the opinion that a 5 metre front yard setback is compatible with the existing street building line on the subject block (see Figure 5), and would not have a negative impact on surrounding land uses. OPTIONS At the Public Planning Meeting, Council has the option of approving the applications in 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 An application has been submitted for a Zoning By-law Amendment, which would amend the Zoning By-law from "Special Mixed Density Residential (R5) Zone" to "Special Mixed 1 Density Residential (R5-X) Exception Zone". The purpose of the applications is to allow for: C a) Professional offices, including medical, as a permitted use; and (b) A front yard setback of 5.0 metres) — ),r------------ Should Council determine there is merit in the subject applications, t is recommended that the approval of the Zoning By-law Amendment be subject to the public comments received. It is further recommended that approval of the Implementing Zoning By-law be subject to a satisfactory review of a site plan submission, or exemption by the Site Plan Committee. —4— PUBLIC PLANNING — NOVEMBER 24, 2004 November 24, 2004 : 5 - Report No. PL04-127- FINANCIAL IMPLICATIONS If approved, the use of the lands for professional offices, including medical, would 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. Review of the subject applications through the Zoning By-law amendment processes facilitates this objective. ATTACHMENTS Figure 1 - Location Plan Figure 2 - Survey Figure 3 - Conceptual Site Plan Figure 4 - Conceptual Elevations (Front Elevation 1 of 4) (North Elevation 2 of 4) (South Elevation 3 of 4) (West Elevation 4 of 4) Figure 5 -Approximate Building Line PRE -SUBMISSION REVIEW: Management Team Meeting November 17, 2004 Prepared by. Andrew Harper, Planning Technician Extension 4349 S i ert, Director of Planning —5—