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AGENDA - Special Council - 20050330PUBLIC PLANNING ACENM N0.05-15 WEDNESDAY MAHON 3012005 7:00 P.M. COUNCIL CHAMBERS AUROM TOWN HALL PUBLIC RELEASE 25/03/05 TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 05-15 Wednesday, March 30, 2005 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: 4659-05.0 BEING A BY-LAW to Confirm Actions by Council Resulting From this Meeting - Wednesday, March 30, 2005. V ADJOURNMENT (pg. 15) AGENDA ITEMS 1. PL05-027 - Zoning By-law Amendment Application (pg. 1) Vincent Congiusti 195 Industrial Parkway South Part of Lots 185 and 187, and all of Lot 154, except part 5 of Plan 246 File Number D14-13-04 RECOMMENDED: THAT report PL05-027 be received as information and that Council determine their position with respect to the application, subject to public comments received. 2. PL05-028 - Zoning By-law Amendment Application (pg. 10) Hugh Cousins and Shirley Cousins 125 Cousins Drive East Part of Lots 185 and 187, Plan 246, Part 2 of 65R-2961 File Number D14-02-05 RECOMMENDED: THAT report PL05-028 be received as information and that Council determine their position with respect to the application, subject to public comments received. PUBLIC PLANNING — MARCH 30, 2005 AGENDA ITEM# TOWN OF AURORA PUBLIC PLANNING REPORT No. PL05-027 SUBJECT: Zoning By-law Amendment Application Vincent Congiusti 195 Industrial Parkway South Part of Lots 185 and 187, and all of Lot 154, except part 5 of Plan 246 File NumberD14-13-04 FROM: Sue Seibert, Director of Planning DATE: March 30, 2005 RECOMMENDATION THAT report PL05-027 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 on the north side of Industrial Parkway South, extending to the south side of Cousins Drive East. The lands are legally described as Part of Lots 185 and 187, and all of Lot 154, except part 5 of Plan 246 and municipally knows as 195 Industrial Parkway South. The subject lands are approximately 3 hectares (8acres) and are currently vacant. Surrounding Uses To the North: Open Space (Sheppards Bush Conservation Area); South: Industrial (Aurora Hydro Connections Ltd); East: Existing residential/open space; West: Go Transit Railway and Industrial uses. Official Plan The subject lands are designated "Industrial' by the Official Plan (OP). A site specific Official Plan Amendment enacted in April 2002 states that the property may also be used for office use as a primary use in addition to the Industrial uses permitted. The proposed rezoning to allow the lands to be used for addional industrial uses is therefore in keeping with the policies of the Official Plan. —1— PUBLIC PLANNING — MARCH 30, 2005 March 30 2005 -2. Report No. PL05-027 Zoning By-law The subject lands are currently zoned "General Industrial Exception (M2-7) Zone." The proposed use of the lands is not permitted in the By-law. PROPOSAL The applicant proposes to amend the provisions of the "General Industrial (M2-7) Exception Zone" to reinstate the majority of the heavier industrial uses which were previously permitted under the M2 zone, prior to the property being rezoned in 2002. The applicant is proposing two industrial buildings to be constructed in four phases having a total of 20 industrial units. The following additional uses and exceptions to the By-law are proposed, many of which are identified in the "General Industrial (M2) Zone". The list below outlines the proposed uses requested by the applicant: • Warehousing and industrial including contractor yards, food processing establishments, light metal products plants, lumberyards, machine orwelding shops, plumbing shops, printing establishments, saw or planting mills, and sheet metal shops, however not including any obnoxious uses. These permitted uses shall be a minimum of 60 m from the adjacent residential use to the east of the site. • Commercial self storage facility ■ laundries • office use accessory to a permitted use on the same premise ■ offices other than the offices of a doctor or drugless practioner, on multi -premises buildings provided that no part of the building is used for a printing establishment, or a motor vehicle body shop or repair garage, and that the combined floor area of the offices does not exceed 30 percent of the total floor area of the building ■ repair shops, light • repair shops, heavy • research labs ■ trade schools ■ banquet halls and or restaurant (10% of Building B, approximately 680 m2) The applicant has also identified in his application that he would like to exclude automobile uses such as motor vehicle body shop, motor vehicle repair garage, motor vehicle rental establishments and transportation terminals, which are all permitted in the M2 zone. As shown on the site plan (Figure 2), the applicant is proposing to construct two industrial buildings having 20 units in total. The applicant has proposed to construct this development in four phases. The site plan identifies 372 parking spaces, located along the property lines and between the two buildings. The parking standard used for this development is specifically geared to multi -unit industrial and thereby requires a greater number of parking spaces than conventional industrial uses. There are three entrances to the site proposed from Industrial Parkway South. A 4.5 m landscape strip is proposed along the frontage of the property and 1.5 m landscaping strip along the north property line adjacent to Cousins Drive (private road). A 1.5 landscape buffer strip with a 1.5 m high fence is also proposed adjacent to the residential property to the east of the site. Limited —2— PUBLIC PLANNING - MARCH 30, 2005 March 30, 2005 - 3 - Report No. PL05-027 landscaping is proposed along the southern property line adjacent to the Aurora Hydro property. COMMENTS Planning Considerations As noted, the lands are designated "Industrial' by the OP. The proposed additional industrial uses are in keeping with the policies of the OP. The proposal to allow two industrial buildings is consistent with the existing built form located in the surrounding industrial area. The site is adjacent to existing residential properties and adjacent to Sheppards Bush Conservation Area, and therefore when reviewing the proposed uses, consideration was given on the impact that this type of industrial development would have on adjacent properties. Therefore in our review of the proposed industrial uses, we have worked with the recent land owner, previous land owner (who sold property to Congiusti and residents east of the site) and the Building Administration Department to ensure compatibility of land uses by recommending provisions to mitigate negative impacts on the residential homes. Staff would like to note however, that the proposed M2 uses were previously permitted on the subject lands. The additional uses requested by the applicant are listed below in bold. Staff have reviewed the requests and offer the following comments: Proposed uses: • Warehousing and industrial including contractor yards, food processing establishments, light metal products plants, lumber yards, machine or welding shops, plumbing shops, printing establishments, saw or planting mills, and sheet metal shops, however not including any obnoxious uses. Comments: The applicant has proposed the above industrial uses which are consistent with other M2 industrial zones. The above uses can produce elevated noise levels and may produce odours which may have a negative impact on the adjacent residential dwellings to the east. Staff recommends that the above industrial uses are to be located a minimum of 60 m from the adjacent residential property line. Staff believe that this would minimize the impact of the industrial uses on the residential neighbours, however still allow the applicant to include these uses closer to Industrial Parkway South (west of the site). Proposed uses: ■ office use accessory to a permitted use on the same premise • offices other than the offices of a doctor or drugless practioner, on multi - premises buildings provided that no part of the building is used for a printing establishment, or a motor vehicle body shop or repair garage, and that the combined floor area of the offices does not exceed 30 percent of the total floor -3- PUBLIC PLANNING — MARCH 30, 2005 March 30, 2005 - 4 - Report No. PL05-027 area of the building Comments: The M2 zone allows office use which is accessory to a permitted M2 use, whereas the current M2-7 permits the site to be used entirely as an office complex. The applicant is requesting to reinstate most of the M2 uses and develop this site as a multi -unit industrial complex, and therefore the office use is not appropriate. Staff feel that this is compatible with for this type of development and meets the intent of the OP. Proposed uses: ■ Commercial self storage facility • laundries ■ repair shops, light ■ repair shops, heavy ■ research labs • trade schools Comments: The above noted uses are also permitted in the M2 zone, and are appropriate for this type of multi -tenant industrial development. Proposed uses: banquet halls and or restaurant, excluding drive-thru (10% of Building B, approximately 680 mZ) Comments: The applicant requests that a restaurant and or banquet hall be permitted. The M2 zone does not include a banquet hall or restaurant as a permitted use. These uses are often located in M3 or M4 zones which are industrial service zones. The applicant has stated that he would like to have a restaurant that would be used by the tenants and visitors of the building. He has identified that it would be restricted to a percentage of the total gross floor area of Building A or B. Staff are concerned with the size of the restaurant proposed. A typical coffee shop/restaurant is about 300 m2 (+/-) and therefore a restaurant being 680 m2 (7,320 sq. ft.) seems to exceed that. Staff suggest that this type of use be restricted to a smaller gross floor area and restricted to a location of the building which staff deem appropriate and compatible with other uses. In regards to the banquet hall, staff feel that this use is not appropriate, as it is not compatible with the proposed uses which would be included in this industrial complex. These uses tend to have a very large demand for parking which can conflict with other uses in a multi unit industrial development. Banquet hall uses are currently found in M3 and M4 zones which are appropriate and compatible with the uses permitted in those zones. —4— PUBLIC PLANNING - MARCH 30, 2005 March 30, 2005 - 5 - Report No. PL05-027 Department Comments Staff have reviewed the application and have offered the following comments. The Public Works Department have no concern with the proposed use, however do have some concern with the safety of traffic movements at the south access point and the need for three entrances to the site. Staff will address these issues at the site plan stage. The Building Administration Department has reviewed the application and has stated that they would reserve the right to regulate by unit some of the requested uses such as the banquet hall/restaurant and other heavier industrial uses such as a welding shop to ensure the public safety issues are adequately addressed. (Please note that Planning Staff do not support the banquet hall use in this instance) Through the review, it is noted that the locations of some parking space do not seem appropriate and will need to be revised. This will be reviewed at with greater detail at the Site Plan Stage. The Leisure Services Department support the proposed industrial uses, however are not satisfied with the landscaping proposed on the site plan. Staff have stated that they do not support the landscape strip setbacks identified as they do not meet landscape standards. It should be noted that the applicant has provided a 1.5 m landscape strip with a 1.5 high fence along the easterly property line, adjacent to residential dwellings, which meets the minimum zoning requirements for buffer landscaping. However, many other industrial zones, have a 3 m requirement for landscape buffering as noted, and therefore Leisure Services does not support the 1.5 on the easterly property line, or the 1.5 landscape strip on the northerly property line, as well as the minimal landscaping proposed on the southerly lot line adjacent to Aurora Hydro. The Lake Simcoe Region Conservation Authority has no objection to the zoning by-law application and advise that a Stormwater Management Report is required at the site plan stage. The Central York Fire Services Department has no comment on the application. OPTIONS At the Public Planning Meeting, taking into consideration comments from staff and residents, 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 application is brought back to a further public meeting upon resolution of the major outstanding issues, or they have the option of denying the applications outright. Should Council determine there is merit in the subject application, approval of the Implementing Zoning By-law be subject to site plan approval. This would ensure the proper function of the site and its compliance with the Implementing By-law. FINANCIAL IMPLICATIONS Not applicable. LINK TO STRATEGIC PLAN The Strategic Plan has goals of well -planned growth and fiscal responsibility, efforts to balance these goals are supporting a healthy business environment that attracts new businesses and is responsive to the needs of our current business community —5— PUBLIC PLANNING — MARCH 30, 2005 March 30, 2005 - 6 - Report No. PL05-027 CONCLUSIONS An application has been submitted for a Zoning By-law Amendment application to amend the provisions of the "General Industrial (M2-7) Exception Zone" to reinstate the majority of the heavier industrial uses including warehousing and manufacturing which were previously permitted under the M2 zone. There are outstanding issues which must be resolved prior to preparing an Implementing By-law. These issues include the layout of the site including parking, access points, landscaping and the type of uses permitted and the location of these uses within the industrial development. Should Council determine there is merit in the subject application, it is recommended that approval of the Implementing Zoning By-law be subject to the review of the site plan. This would result in a more detailed review of the proposed development and would ensure the proper function of the site and its compliance with the Implementing By-law. ATTACHMENTS Figure 1 - Location Plan Figure 2 - Survey Figure 3 - Proposed Site Plan Figure 4 — Elevation Plan PRE -SUBMISSION REVIEW Management Team Meeting — March 23, 2005 Prepared by: Cristina Celebre, Planner Extension 4343 i ue Sei , aat.P., R.P.P. ctor f Planning Im T e3 W CO d LL a m S 4 a O O N y m 0 N N U O O L � y_ O c� � C co W � O N S M N d �'�..'4t•�. '}'liiifi.'ti }.•:iij�i;::,ii �. O , C cC C e � o •:$:'pit?' ::+;. 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I 1 'M, �A ` "^.Wa WMS A�YVp/p TWlypgll __._� A WIVl l IVNOIIVN "MlIVa IVNOIIVN _B� PUBLIC PLA co W H 30, 2005 Nla z "a pm a�g ag Qtl'�da ask + CA) a'st gg r n Q J_ N Q m cs z zn O J �5 9m mLL LL O O Z Q 1:. 9 W W J J W Q 9 d S N00 Z°O �O1 OZ zZ m0 J J ® m LL 00 w ', W ll Q pF WW MA Au 19 W W� N 2 atl PUBLIC PLANNING — MARCH 30, 2005 TOWN OF AURORA PUBLIC PLANNING REPORT SUBJECT: Zoning By4aw Amendment Application Hugh Cousins and Shirley Cousins 125 Cousins Drive East Part of Lots 185 and 187, Plan 246, Part 2 of 65R-2961 File Number D14-02-05 FROM: Sue Seibert, Director of Planning DATE: March 30, 2005 RECOMMENDATION No. PL05-028 THAT report PL05-028 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 east of Industrial Parkway South, and south of Cousins Drive East. The lands are legally described as Part 2 of plan 65R-2961and are municipally knows as 125 Cousins Drive East. The subject lands are occupied by an existing residential dwelling. Surrounding Uses To the North: Open Space (Sheppards Bush Conservation Area); South: Industrial (Aurora Hydro Connections Ltd); East: Existing residential/open space; West: Vacant industrial lands currently under review. Official Plan The subject lands are designated "Industrial' by the Official Plan (OP). The property is occupied by an existing residential dwelling constructed in 1967 prior to the approval of the OP. Zoning By-law The subject lands are currently zoned "General Industrial (M2) Zone." The existing residents does not conform to the By-law, as it was constructed prior to the enactment of —10— PUBLIC PLANNING - MARCH 30, 2005 March 30 2005 - 2 - Report No. PL05-028 the By-law. :2li10i1 YAl The owner has applied to the Town to rezone the property from "General Industrial (M2) Zone" to "Holding (H) Zone" to recognize the existing residential use of the lands, and the existing lot and siting specifications as they do not currently meet the Industrial M2 zone provisions. Plannina Considerations The long standing residential owners of this property sold the adjacent industrial property (195 Industrial Parkway South) to Vincent Conguisti who is proposing two industrial buildings. In staffs review of the adjacent rezoning application under file D14-13-04, it was noted that the subject property (Cousins) is zoned M2 and currently does not meet the industrial zone requirements. This property is a well maintained established residential parcel, landscaped and screened from the adjacent industrial uses, and unlikely to be developed as an industrial use in the near future. With the transitional nature of this property, staff feel that holding (H) zone provision is an appropriate way to recognize the existing residential use of the property. Given the property is currently designated Industrial by the OP, and could be developed forfuture industrial purposes if the applicant should chose do to so, the property would need to be rezoned and evaluated for compatibility. Department Comments Staff have reviewed the application and have no objection to the proposed zoning change to continue the property as a residential use. OPTIONS At the Public Planning Meeting, taking into consideration comments from staff and residents, 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 application is brought back to a further public meeting upon resolution of the major outstanding issues, or they have the option of denying the applications 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. Critical review of -11- PUBLIC PLANNING - MARCH 30, 2005 March 30, 2005 - 3 - Report No. PL05-028 the subject application through the Zoning By-law Amendment process will facilitate this objective. CONCLUSIONS An application has been submitted for a Zoning By-law Amendment application to rezone the property from "General Industrial (M2) Zone" to "Holding (H) Zone" to recognize the existing residential use of the lands. Should Council determine there is merit in the proposal, it is suggested it be referred back to staff to prepare an Implementing Zoning By- law. ATTACHMENTS Figure 1 - Location Plan Figure 2 - Survey PRE -SUBMISSION REVIEW Management Team Meeting - March 23, 2005 Prepared by: Cristina Celebre, Planner Extension 4343 AO Ibert, mc.I.P., R.P.P. irector of Planning -12- d a a Deerg�en mp E'o m E rim: N N Co a IRS rn J Q � N � 0 0 T L ...�.......: LO 0 0 z� 7 z 0 N � cU 0 Q� 0 $ w ae N o- 0 0a 0 Z N ® i M IG��rars�t�me � �g�� a a OR ® pap, JOQ QLL.QO PUBLIC PLANNING — MARCH 30, 2005 A N q`6 c8q �p M1OO � V ,*A S a"s ! 8 ry N� 69V2-H$y NY�y �ryE � liryd 7'3 H a �t b �p�ngngy8bg"dipgpgplpppAiyyS5��nppgg��a4�P IN � �. $b � T5 ���YF� v '1 d a 3 N 3 1 s 1 s 3 a s m `0 9 ar,a N ..na.sr A a a N pA{ d' ti3 a zr a� i �a em n INDUSTRIAL I 11 i H N N H I a b N V _— ^ —14— PUBLIC PLANNING - MARCH 30, 2005 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4659-05.0 BEING A BY-LAW to Confirm Actions by Council Resulting From The Meeting of March 30, 2005. THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the action of the Council at its meeting held on March 30, 2005 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 30' DAY OF MARCH, 2005. READ A THIRD TIME AND FINALLY PASSED 301b DAY OF MARCH, 2005. T. JONES, MAYOR K. EWART, DEPUTY TOWN CLERK -15-