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AGENDA - Special Council - 20050223Council/Committee Secretary g,4 PUBLIC PLANNING AGENDA NO.05-06 WEDNESDAY FEBRUARY 23, 2005 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE 18/02/05 IV V TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 05-06 Wednesday, February 23, 2005 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: 4544-05.0 BEING A BY-LAW to Confirm (pg. 16) Actions by Council Resulting From This Meeting - Wednesday, February 23, 2005. ADJOURNMENT AGENDA ITEMS 1. PL05-013 - Zoning By-law Amendment Application (pg. 1) Minto Communities (Toronto) Inc. [Spring Farm] Part of Lot 23, Concession II, EYS Phase II File D14-12-04 RECOMMENDED: THAT report PL05-013- be received as information; and THAT Council determine their position with respect to the application, subject to public comments received. 2. PL05-014 - Proposed By-law Amendment Application (pg. 10) (Temporary Use) Kylemore Homes/ Priestly Holding Corporation 623 Wellington Street East Block 43, Plan 65M-3461 File D14-01-05 RECOMMENDED: THAT staff report PL05-014 with respect to a proposed By-law amendment (Temporary Use), Kylemore Homes/ Priestly Holding Company, File: D14-01-05, be received as information and that Council determine their position with respect to the application, subject to public comments received. SPECIAL COUNCIL - PUBLIC PLANNING - FEBRUARY 23, 2005 AGENDA ITEM TOWN OF AURORA PUBLIC PLANNING REPORT No. PL05-013- SUBJECT: Zoning8y--law Amendment Application Minto Communities (Toronto) Inc. [Spring Farm] Part of Lot 23, Concession 11, EYS Phase h File: D14-12-04 FROM: Sue Seibert, Director of Planning DATE: February 23, 2005 RECOMMENDATION THAT report PL05-013- be received as information; and That Council determine their position with respect to the application, subject to public comments received. BACKGROUND Location/Land Use The subject lands are located east of Bayview, north of Wellington, and south of St. John's Side Road, and are legally identified as Part of Lot 23 Concession II (see Figure 1). Surrounding Uses To the North: Low -Medium Density Residential (Proposed Residential Plan of Subdivision File.: D12-00-1A) South: Low -Medium Density Residential (Proposed Residential Plan of Subdivision File.: D12-00-7A) East: Open Space West: Low -Medium Density Residential (Phase I of subject subdivision) Official Plan The subject lands are designated as "Low— Medium Density Residential" by Official Plan Amendment #30 (Bayview Northeast Secondary Plan). This designation provides for a mix of housing types within the density limits of OPA 30. —1— SPECIAL COUNCIL — PUBLIC PLANNING — FEBRUARY 23, 2005 February 23, 2005 -2- Report No. PL05-013 Zoning By-law The subject lands are currently zoned as "Detached Dwelling Second Density Residential Holding [(H)R2-73] Exception Zone" and "Detached Dwelling Second Density Residential Holding [(H)R2-74] Exception Zone" by Zoning By-law 2213-78, as amended (Figure 2). It is noted that a portion of the subject lands are zoned as "Institutional (1-15) Exception Zone" for the purposes of a separate elementary school, and "Major Open Space (0-9) Exception Zone" for the purposes of storm water management pond; however, the subject application does not affect these blocks. PROPOSAL The applicant has applied to amend Zoning By-law 2213-78 to: a. Revise the residential zone boundary resulting in: I. An increase of 23 lots having a frontage of 11.6 metres (38 ft); ii. A decrease of 41 lots having a frontage of 13.7 metres (45 ft); and iii. The creation an R2 Exception Zone to provide for 19 lots having a minimum of 20 metre (66 ft) frontage. b. Permit a maximum garage and driveway width of 10 metres (33 ft.) and a maximum driveway width at street line of 9 metres (30 ft.) for lots within the proposed 20 metre (66 ft.) frontage R2 zone. (This will permit the construction of three car garages on these lots if desired) It is noted that the owner of the subject lands has also filed an application to amend the corresponding plan of subdivision (File: D12-01-4A), which was approved with conditions on May 28th, 2002. The purpose of the amendments to the draft plan, which are considered to be minor in nature, are to facilitate the above noted lot fabric and zoning changes. The table below outlines the existing draft approved vs. proposed lotting and zoning breakdown. For a mapping representation, please refer to Figures 2 (existing draft approved) and 3 (proposed amendments): Table a) Number of Units by Type LOT TYPES Number of Units Number of Units (by frontage) Existing Draft Approved . Proposed Draft Plan Plan Zone R2-73 13.7m 45 ft 113 72 Zone R2-74 11.6m 38 ft 91 114 20m 66 ft 0 19 Total 204 205 —2— SPECIAL COUNCIL — PUBLIC PLANNING — FEBRUARY 23, 2005 February 23, 2005 - 3 - Report No. PL05-013 The proposed 20-metre frontage lots are to be situated along the eastern boundary of the subdivision, which is adjacent to two Open Space designations. Block 206 as identified in Figure 4, is zoned as "Major Open Space (0-9) Exception Zone" and will be utilized for storm water management purposes. The remaining easterly adjacent lands are designated as "Linear & Other Open Space" by OPA # 30. In order to facilitate the creation of these larger frontage lots, while at the same time maintain the approximate draft approved lot count (204) for phase II and conform to the density requirements of OPA # 30, the applicant requests that the zoning boundary between the R2-73 and R2-74 zones be modified. The proposed modified zone boundary will result in a net increase of one (1) lot, bringing the total lots within Phase II of the subdivision to 205 units. Official Plan (Conformity with OPA 30) As noted above, the subject lands are designated as "Low— Medium Density Residential'. Applicable Official Plan policies related to the subject application are in the areas of residential density, housing type and lot size, and compatibility of the proposed development to adjacent uses. Density: Section 3.2.2.a)ii) of OPA #30 states that, "The overall density of development for lands designated Low -Medium Density Residential shall not exceed 25 units per net residential hectare (10 units per net acre)." The subject application represents a net increase of one (1) new residential lot within phase 2 to of the Springfarm draft approved,plan of subdivision (File: D12-01-4A) having a net density residential density of approximately 24.3 units per hectare (9.84 upa). Staff are of the opinion that the subject application conforms to the prescribed density requirements of OPA #30. Housing Type and Lot Size: Section 3.2.2.a)i) of OPA #30 states that, "In areas designated for Low -Medium Density Residential, a mix of housing types shall be provided, subject to the maximum density and building heights." Staff are of the opinion through the introduction of new 20-metre frontage lots, the subject application will increase the mix of of housing types and lot design. In this regard, the subject application conforms to the Official Plan. —3— SPECIAL COUNCIL — PUBLIC PLANNING — FEBRUARY 23, 2005 February 23, 2005 - 4 - Report No. PL05-013 Compatibility The proposed zoning changes will not alter the existing provisions of the R2-73 and R2-74 zones, and will merely adjust the zoning boundary. As such, compatibility between the two zones will not be affected by the subject application. The rezoning would also introduce 20-metre frontage lots which would be the largest lot frontages. within th Bayview Northeast Secondary Plan area. Staff are of the opinion that the creation of a new R2-Exception Zone to create nineteen (19) new 20-metre frontage lots along the eastern boundary of the subdivision, with 10-metre driveway and 9-metre street edge widths, is compatible to the Official Plan policies and the overall development pattern of the community. Given the above, Staff are of the opinion that the subject application conforms to the Bayview Northeast Secondary Plan (OPA #30). Departmental and Agency Comments The applications were circulated internally and externally and to date the following comments were obtained: Building Administration Department The Building Department has advised that they have no concerns with the subject application. Public Works The Public Works Department has advised that the applicant has provided on -site and on - street parking calculations which demonstrate compliance with Town parking requirements, and have no objection to approval of the subject application. Leisure Services Department The Leisure Department has no objection to the subject application. The Regional Municipality of York The Regional Municipality of York have advised that they have no objection to the proposed plan and zoning changes. Lake Simcoe Region Conservation Authority Staff have been in contact with the LSRCA and they have advised that they are in the process of reviewing the stormwater drainage data for the subject lands and broader 2B area at this time. Staff will report to Council if any issues arise out of this review that would impact on the proposed revision to the plan of subdivision. ' J —4— SPECIAL COUNCIL — PUBLIC PLANNING — FEBRUARY 23, 2005 February 23, 2005 - 5 - Report No. PL05-013 Community Response No comments to date. OPTIONS At the Public Planning Meeting, Council has the option of approving the applications in principle, subject to the resolution of outstanding issues, orthey have the option of denying the applications outright. Should Council decide to deny the applications, they should be cognizant of the Departmental and Agency comments and OPA # 30 FINANCIAL IMPLICATIONS None. 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 Applications have been submitted for a revision to a Draft Approved Plan of Subdivision and Zoning By-law to alter the lot fabric for Phase II of the draft approved subdivision (Files: D12-01-4A, D14-12-04). The proposed amendments will add one (1) additional lot to the overall development by permitting an increase in the number of 11.6 metre frontage lots, decreasing the number of 13.7 metre lots, and introducing 20 metre lots abutting the Open Space lands to the east. The Zoning Amendment would also contain provisions for an increased maximum garage and driveway width of 10.0 metres (9m at street line) for those lots with 20 metre frontages. The application was circulated to all internal departments and relevant external agencies, and no objection has been raised against the proposal. Should Council determine there is merit in the proposal, it is suggested it be referred back to staff and that the application be further processed in concert with the draft plan amendment application, as well as to resolve those issues that may be raised bythe public and members of Council. A report detailing how such matters have been addressed will then be prepared for Council consideration. —5— SPECIAL COUNCIL — PUBLIC PLANNING — FEBRUARY 23, 2005 February 23, 2005 - 6 - Report No. PL05-013 ATTACHMENTS Figures Figure 1 — Location Plan Figure 2 — Existing Draft Approved Lot Fabric & Zoning for Phase II Figure 3 — Proposed Lot Fabric & Zoning PRE -SUBMISSION REVIEW Management Team Meeting — February 16, 2005 Prepared by. 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'_ i "'--'— -9- SPECIAL COUNCIL — PUBLIC PLANNING — FEBRUARY 23, 2005 AGENDA ITEM # 2 'TOWN OF AURORA PUBLIC PLANNNING REPORT No. PL05-014 SUBJECT: Proposed Bylaw Amendment Application (Temporary Use) Kylemore Homes/ Priestly Holding Corporation 623 Wellington Street East Block 43, Plan 65114-3461 File: D14-01-05 FROM: Sue Seibert, Director of Planning DATE: February 23, 2005 RECOMMENDATION THAT staff report PL05-014 with respect to a proposed Bylaw amendment (Temporary Use), Kylemore Homes/Priestly Holding Company, File: D14-01-05, be received as information and that Council determine their position with respect to the application, subject to public comments received. BACKGROUND Location/Land Use The subject lands are located on the south side of Wellington Street approx. 200m west of Bayview Ave. know municipally as 623 Wellington Street East as shown on attached Figure 1. The lands are currently vacant and are located adjacent to a .3m reserve abutting Wellington Street. The subject lands have an area of approximately .43ha, and the proposed sales trailer and parking will be located on the eastern half of the site. Surrounding Uses To the North: (across Wellington St.) Open Space/ Wetland; South: Residential; East: Montesorri school, and West: Hydro lines/ valley lands. Official Plan The majority of the subject lands are designated "Service Commercial Centre" and a portion of the lands adjacent to Wellington Street and the Hydro corridor are designated "Linear and Other Open Space" by Official Plan Amendment Number 61 (North Bayview —10— SPECIAL COUNCIL — PUBLIC PLANNING — FEBRUARY 23, 2005 February 23, 2005 -2 - Report No. PL05-014 Residential 'Cat Tail' Secondary Plan). The use of the lands for the purposes of a temporary sales trailer is considered to conform to the provisions of the Official Plan. Zoning By4aw The subject lands are currently zoned "Industrial Commercial H (C5-5) Exception Zone" by Town of Aurora Zoning Bylaw 2213-78. The site specific provisions of the Bylaw as it applies to the subject lands outlines minimum lot specifications and building siting requirements. The H provisions require a full site plan prior to development of the site. In addition the provisions of Bylaw 4059-99.D (which rezoned the lands to the H C5-5 zone) include a temporary use provision for a sales trailer, which was allowed for a period of time to not exceed beyond the date of May 1, 2002. A sales trailer previously located on the site has since been removed, and the temporary use bylaw was not extended. As such, the applicant has applied to amendment the H (C5-5) Zone to reinstate the use of a temporary sales trailer on the lands for a period of three years per Section 39 of the Planning Act. A public meeting is required to consider the Bylaw amendment. PROPOSAL The applicants have applied for an approval of a Temporary Use Bylaw to allow the use of a portion of the lands to be used by Kylemore Homes for the.purposes of a temporary sales trailer. The trailer will be used for the future sale of homes to be constructed on the Chapman Court property which was recently purchased from the Town by Kylemore Homes. As noted above the lands were previously zoned to permit the same use under the temporary use bylaw. No other changes to the bylaw as it affects the lands are proposed (ie. the Holding provision will continue to apply for any commercial or industrial use to be developed on the site) COMMENTS Planning Considerations The subject Zoning By-law Amendment application was circulated to both internal departments and external agencies and there have been no objections or concerns expressed to the proposed sales trailer use on the subject lands. It is noted that an access and driveway currently exists on the site, and that a portion of the driveway is located within the Regional floodline. The LSRCA have been circulated a copy of the applicant's concept plan with a request for comment on the proposal. Staff have contacted the LSRCA who advise that a site clearance letter is forthcoming and that they have no issues with the proposal. A letter will also be sent to the Building Dept. verifying the clearance. It is also noted that a .3m reserve in favour of the Region of York extends across the entire frontage of the property abutting Wellington Street. A centre median also exists on —11— SPECIAL COUNCIL — PUBLIC PLANNING — FEBRUARY 23, 2005 February 23, 2005 - 3 - Report No. PL05-014 Wellington Street at this location preventing a full moves access. The Region will have to be satisfied with access provisions to the site as part of the Building Department's permit requirements for temporary sales office or trailer. The applicant is aware of these provisions. Staff are of the opinion that all technical issues can be addressed through the review and approval of a sales trailer permit by the Building Department. There have been no concerns expressed from neighbourhood residents. OPTIONS At the Public Planning Meeting, Council has the option of approving the application directing that staff bring forward the implementing Bylaw, subject to the resolution of outstanding issues. They also have the option of resolving that the application be brought back for further resolution of the outstanding issues, or they have the option of denying the application outright. CONCLUSIONS An application has been submitted to amend the Zoning By-lawto allow the temporary use of the lands for the purposes of a sales trailer. This temporary use was previously permitted on the subject lands, but expired in May 2002. Should Council determine there is merit in the subject applications, it is recommended that the approval of the Zoning By-law Amendment be subject to the public comments received. 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. Critical review of the subject applications through their respective processes will facilitate this objective. ATTACHMENTS Figure 1 - Location Plan Figure 2 — Proposed sales trailer and parking site plan. PRE -SUBMISSION REVIEW Management Team Meeting — February 16, 2005 Prepared by. Glen Lefman, Manager of Development Planning —12— SPECIAL COUNCIL - PUBLIC PLANNING - FEBRUARY 23, 2005 February 23, 2005 - 4 - Report No. PL05-014 Extension 4346 Sde ib4rt, M.C.i.P., R.P.P Dir otor of Planning -13- lopwoD oJp,{H 3nN3A V, /431AAV8 w v c Q � w 0� w w Q J N N z U dopwoo oJp fH W _3 0 z LLI U C J wZ �O z o W 10 O Z uO ° J x o WR'V > w 0Zc N a C- 00 W ad 0N d Wp Za.>- o Q �ou'Zoo..¢ 2QQW7 Z 9 CD c etQ W W p u LL it O a UJ J ¢ LL¢N0