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AGENDA - Special Council - 20040623TOWN OF AUROU PUBLIC PLANNING AGENDA NO, 04-23 TUNE 23F 2004 too P.M. COUNCIL CNAMBEBS AUNONA TOWN NALL PUBLIC RELEASE 18/06/04 TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 04-23 Wednesday, June 23, 2004 I DECLARATIONS OF INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda be approved as presented. 1I1 PLANNING APPLICATIONS IV READING OF BYLAWS RECOMMENDED: THAT the following listed by-law be given 1 st, 2nd and 3rd readings, and enacted: 4555-04.0 BEING A BY-LAW to (pg. 150) Confirm Actions by Council Resulting From This Meeting - Wednesday, June 23, 2004. V ADJOURNMENT AGENDA ITEMS 1. PL04-076 - Whitwell Developments Limited (First Professional) (pg. 1) Part of Lot 21, Concession 3 Wellington Street and Leslie Street Official Plan and Zoning Amendment Applications Files D09-10-03 and D14-28-03 respectively RECOMMENDED: THAT Council receive as information the following overview of Official Plan Amendment and Zoning By-law Amendment applications D09-10-03 and D14-28-03 respectively regarding Whitwell Developments Limited (First Professional ), and; THAT Council direct the team of peer review consultants to consider and address all comments received from both ratepayers and Council members, at the public meeting within their peer review analysis of the project, and; THAT the completed peer reviews are presented to Council in July 2004 and to a subsequent Public Planning Meeting in September 2004. 2. PL04-077 - Employment Land Retention: (pg. 14) Proposed Strategy and Official Plan Amendment RECOMMENDED: THAT staff consider comments received at the Public Meeting pertaining to the proposed Official Plan Amendment Policies set out within the Strategy; and, THAT staff be directed to continue to work with Hemson Consulting Ltd. to refine the document and present the implementing Official Plan Amendment to Council upon completion. Aurora Special Council — Public Planning Agenda No. 04-23 Page 3 Wednesday, June 23, 2004 3. PL04-078 - Proposed Official Plan and (pg. 55) Zoning By-law Amendment Applications Victor Priestly and The Priestly Holdings Corporation (Aurora Toyota) Pan`. of Lot 80, Concession 1 EYS and Block 43, R.P. 65M-3461 Southwest Corner Bayview Avenue and Wellington Street East 623 and 669 Wellington Street East Files D09-05-04 and D14-06-04 RECOMMENDED: THAT report PL04-078 be received as information and that Council determine its position with respect to the applications, subject to the public comments received. 4. PL04-079 - Official Plan Amendment Application (pg• 82) Mattamy (Aurora) Limited Part of Lot 26, Concession 2 EYS Part 1, Reference Plan 65R-19977 Northeast Corner Bayview Avenue and St. John's Sideroad 938 St. John's Sideroad File D09-06-04 RECOMMENDED: THAT report PL04-079 be received as information and that Council determine its position with respect to the application, subject to the public comments received. 5. PL04-080 -Zoning By-law Amendment Application (pg. 101) Town of Aurora Part of Lot 19, Concession III 15059 Leslie Street File D14-05-04 RECOMMENDED: THAT Report PL04-080 be received as information and that Council determine their position with respect to the application, subject to public comments received. SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 I AGENDA ITEM # TOWN OF AURORA Di]RI IC PLANNING MEETING SUBJECT: Whitwell of Lot Developments siLi ited (First professional) Wellington Street and Leslie Street Applications Official Plan and Zoning Amendment File Nos. D09-10-03 & D14-28-03 respectively FROM: Susan Seibert, Director of Planning DATE: June 23, 2004 No. PL04-076- RECOMMENDATIONS THAT Council receive as information the following overview of Official Plan Amendment and Zoning By-law Amendment applications D09-10-03 and D14-28-03 respectively regarding Whitwell developments Limited, and; THAT Council direct the team of peer review consultants to considerand address aalll comments received from both ratepayers and Council members, at the pub meeting within their peer review analysis of the project, and; THAT the completed peer reviews are presented to Council in July 2004 and to a subsequent Public Planning Meeting in September 2004. BACKGROUND to undertake On September 9, 2003 Council authorized staff to engage a consulting tela Amendment an independent peer review of the proposed Official Plan and Zoning Byional- justification reports filed by Whitwell Developments Limited for a large format, RegGroup serving Retail Commercial development. eer review consultants for the project and to co - (Consultants) Inc. as the lead plannintanning p ordinate the reviews of the following consultants: ■ Retail Market and Impact Analysis — Scott Morgan & Associates Lirnited ■ Economic Analysis — Gartner Lee Limited. ■ Urban Design — Brook Mcilroy Inc./Pace Architects ■ Traffic — Earthtech Canada SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 Report No. PL04-076 The peer review of the applications is currently well underway, however, these will not be completed until after consideration is given to any comments or issues that are raised as part of the public process required for these applications. In addition to the applications being considered by the Town the applicants have also submitted applications to the Region of York who are reviewing the applications based on the policies of the Regional Official Plan and have retained John Winter and Associates to complete a peer review of the applications. On April 28, 2004 a public information meeting was held pertaining to the files. Originally this meeting was to be held as a formal meeting under the Planning Act, however, two Parties who requested notice of the meeting were not given adequate notice under the provisions of the Planning Act and by consent of all parties the meeting was held as an Information Meeting. PROPOSAL OSAL -2- Whitwell Developments Limited has submitted applications for Official Plan and Zoning By- law Amendments to permit "Regional -serving Commercial Uses" on the south part of the draft plan area accompanied by the required Sup envisages 561,775 square feet of Regional -serving commercialrting development onthe site including a discount warehouse, warehouse membership club, either a large format supermarket or a home improvement outlet, ancillary retail uses, a ten screen cinema, service commercial uses (restaurants, personal services) and office commercial. The office commercial would be in addition to the retail, comprise of 175,000 square feet and be developed after the retail. The total development is 732,075 square feet, in addition to the State Farm holding to the north. The State Farm application for their Canadian Head Office (321,794 square feet) and other buildings that may be constructed on the State Farm part of the property are not subject to this application and are to remain as "Business Park". Official Plan Amendment # 30, the 2B Secondary Plan provides that: development priority and are designated Business Park to encourage "The development of the lands at Highway 404 have been identified by Council as a high high quality building and site design in the near to long term. Regional -serving Retail Commercial uses are contemplated by this Plan because of the high visibility and accessibility of lands between Leslie Street and Highway 404 and the attractiveness of this location for uses serving not only the growing population of Aurora but also the surrounding urban and rural areas. However, the general nature and scale of future uses cannot be predicated' at this time. Regional -serving Retail Commercial uses shall be considered by the Town subject to a public process and amendment to this Plan on lands designated Business Park on the north side of J 000002 -i SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 [vuq Report No. PL04-076 -3- June 233 2004 conditions Wellington Street be Leslie Street and Highway 404, if the following are met: and landscape design;' to ensure consistent high quality image as 1, pre-eminent site, building Design of this 2. comprehensive planning described in Section 3.5 Business Park and 3.9 Urban ich Plan; (i.e. OPA # 30) a qualified traffic consultan�owpSed 3, a traffic study prepared by acts associated with thaffecting the demonstrates that traffic imp development can d accommodated r adjacent land uses and is acceptable capacity of the road system to the Town and Region; 4. a market study acceptable to the Town, planned land uses are 5. impacts on surrounding existing acceptable to the Town." ri128, 2004, however SUGGESTED REVIEW PR on lications was As previously indicated a public information session at he note a forethe the notice for there was concern expressed at the meeting inadequate. Therefore due to the proposed size and scale of the applications the applications was enhanced to include the following: This would be in addition to ■ Notice to all members l the byChamberhamber). of coerce the original notice circulated by er. Notice in two concurrent issueng in Town ro s of the Newspaper. Mailed notice top properties with commercial zoni associations in Town. and Hill Notice to all known ratepayer Notice to all parties who requested notice -,own of Newmarket, Town of Richm Notice to the Town of East Gwillimbury, and Region of York. ro erty. 400 feet) of the site. New sign notices on the property. Notice mailed to all property owners within 120 metres additional • proposal to be considered within the peer reviews for The Public Meeting on June 23, 2004 will be another forum to discern an Meeting in concerns or input pertaining to the p p , completed until after such the project. Thus the peer reviews will not e following work review program, accordance with th on June 23, 2004, Town staff and the peer review Subsequent to the public meeting ■ e peer review documents to be presented to Council in consultants will complete th July 2004. consideration will Depending on the input received at the Juwithi0nterested m04 embers of the business also be given to holding a working meeting rLANNING JUNE 23 2004 June 23, 2004 -4- communityReport No. PL04-076 prior to the Council meeting. Subsequent to the Council meeting in July it is suggested documents detailed staff report be considered aa the finalized Meeting to be held on September 29 at a second PublePl review 2004. Planning Subject to full consideration of all issues, that final consideration of the occur at a Council meeting in October 2004.. Comments have been received from applications mited and from Fo ler m Aird &Berlis on behalf of Loblaws Properties These m g ' Rubin on behalf of Riotrin Pro e comments have been forwarded to the p rties p ons as attached as Figure 3 and 4. OPTIONS peer consulting team for consideration. Council has the option of accepting the suggested suggesting an alternate work program to review the a pli program gram and next steps or of CONCLUSIONS applications. The public meeting is being scheduled prior to the com allow for consideration of any comments received as report outlines a work programpletion of the peer review in orderto all parties aware of the and next steps in the part of the peer review process. processing of the application This FINANCIAL IMPLICATIONS pplication to make The cost of the Peer Reviews is being charged back to the submitted a Letter of Credit to cover the total Upset costs of the p applicants. The applicants have LINK TO STRATEGIC PLAN peer reviews. aalThe Strategic Plan has goals of well planned ance these goals are pursued to the extent growth and fiscal responsibility effort alanc the ponsibilit 4TTACHMENTS 'figure 1 — Location Plan figure 2 — Concept Plan Igure 3 - Aird & Berlis comments gure 4 - Fogler, Rubinoff comments e m dealing with develo s to pment SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 5 - Report No. PL04-076 PRE -SUBMISSION REVIEW Management Team Meeting — June 16, 2004 Prepared by: Jim Kyle, Manager of policy Planning Extension 4345 Su n bert, M.C.I.P., RAP - Director of Planning 000005 m ° 250 soo Metres Scale 1:10,000 LOCATION PLAN 4PPLICANT: WHITWELL DEVELOPMENTS LIMITED "�sv (FIRST PROFESSIONAL) "ILE: D09-10-03 & D14-28-03 WRORA PLANNING DEPARTMENT SUBJECT LANDS UNE 23RD, 2004 000006 Location P/an created by the Town of Aurora Planning Department, March 9th, 2004. Base data provided by York Re. bOb_ON I,HMH0IH SONIA 3H1 `---------------- j I i i z� B a N c Ll, im Z in N m W 24 ► Z 0 QW p r �{ 0 a mad No { V 7a Qa rl_ANNIFV3U, 23 2004 May 5, 2004 VIA F4X#905,841.3483 AIRD & , ERLIS tip Bs and Soliriton: Paknband Ttr''A $entsSteven AcZakemoiet;840E'masakemV,31dariis.com Mr, Robert Panizza Town Diraotor of Corporate of Aurora Services acid Municipal Clerk Box 1006 100 John West Way Aurora, Ontario L4G 6J1 Dear Mr, Panizza: Re: TOWN'sJRORA PLANNING DEPARTMENT R E C I V E,D MAY 6 2og p AcrloN lii�7, �'r; _._... Our File #61281 i CORP. SERVICES DEpr COPIES CIRCULATED TO: r Whltwell Developments i._._ Part of Lot 21, Concession 3'ted (First professional Wellington Street and Leslie Street , official plan and Munici al File Zoning Amendment q Nos.; b09-1p.,03 R D14_28 o3cations As you know, we act on the above noted behalf of Loblaw Prop riles 2004 and provided after. We attended the roe Limited we undertook to preliminary comments public Info (Loblaws) with respect to Provide ments on the Information Meeting held on q You with the same, a written record of application. At the re April 2B, those comments and are quest of Council, Loblaws owns and o writing to provide Loblaws owns the operates supermarkets throw Bayvlew AVenue property located at the Shout the Province of addition, Loblaws and is presently constructing Southwest comer Ontario. In Aurora, supplies the No Frills s a large Supermarket at n's Sideroad and ,YOnge Street at Murrythat to Community Comm Y Drive, Both Of th rkat in the Aurora Sho °anon. In provides the role for these Cercial o m to the these locations pping Centre on mmuni Town of Aurora p are currently designated tY Commercial Ce fFs follows: plan• in Section .2.26, Community Corr) titres as follows; 3,2,2b, establishments to meet Centres s p of This meet the regular provide a range may include full Site gular weekly needs of pres residential and service department store, offices hotels markets, drug, Specialty communities, forrecreational and health places of entertain y stores Institutlonal uses catering establis entertainment . a Junior outlets, 9 to the hh ents, churches studios, personal substantiated b needs of the and other public or radius from any other Outlet a market fe adlacent community above shet. In addition toilrthesab tudY' e and gasoline commercial uses shall be Y, and separated b permit{ed ,residential usesY a t km CE Plate, Suite 1800 on t100fS Box 754, 181 B � ay Street, Toron�@ $$ s M5J 2T9 T; 416.883. 1500 F: 41fi.B63.151fi SPECIAL COUNCIL PUBLIC PLANNING DUNE 23 2004 May 5, 2004 Page 2 In addition to this designation, the Aurora Official Plan establishes a hierarchy of commercial centres including the Community Core designation, convenience commercial centres, service commercial centres and campus commercial centres. These commercial d for Gatewayri centes t and, in fact, Centre with the possible exceptionate otofa warehouse membershiphe uses preseny ethe Aurora club, The Aurora Gateway Centre is designated by Official Plan Amendment No. 30 COPA 30") as "business park". This designation permit regional -serving retail commercial uses to take advantage of the high visibility and accessibility of the lands between Leslie Street and Highway 404. The policies also note that the „ .,, general nature and scale of possible future uses cannot be predicted at this time." A full public process Including an Official Plan Amendment and Zoning By-law Amendment is required prior to permitting these regional serving retail commercial uses on the subject site. In our submission, most of the uses proposed by the Aurora Gateway Centre are not regional serving. Furthermore we would ask that the peer reviewers review and discuss the distinction between regional serving uses and the regional accessibility enjoyed by the subject site.. in our submission, the regional accessibility does not automatically establish any use proposed for the site as a regional serving use. In our verbal submissions, we also noted that our client's development underwent a lengthy and detailed process of urban design, and we would expect a similar process of review with respect to the above -noted applications. Finally, we noted that we may have further additional comments once we've had an opportunity to review the reports submitted by the applicant. Thank you again for receiving these comments and please feel free to contact the undersigned should you have any questions with respect to the foregoing. In addition, the peer review team and Town staff are welcome to meet with my client or its representatives should they require any additional information with respect to. the foregoing. Would you please ensure that each member of Council receives a copy of this letter as requested at the Public Information Meeting. Yours very truly, AIRD & BERLIS LLP 'I Steven A. Za SAZ/dsw/mn AXC1019 SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 May 5, 2004 Page 3 cc. Mario Fatica Mary Bull Joel Farber ::0DMAIPCD0CS1DOC31169037011 A� NOW 0 Jun 03-2004 02:27K From-FodBr,Rubinoft LLP 423 2004 SPECIAL COUNCIL PUBLIC PLANNIVI Foglct, Rubinoff LLP Suite 4400, P,O, Box 95, Roy21 Tmst TOWCr Toronto-Domntion Centre Toronto, Ontario, CmadoL M5K 108 Tcicphone: 416864-9700 852 www.o� 94 glembinolloom June 3,2004 Via kacsimile - 905�726.4732 Mr. Robert Panizca Director of Corporate Services and Municipal Clerk The Town of Aurora 100 John West Way Ontario Aurora, L4G 6J1 Reply To, JodD,Farber Dircct Dial: 416-W-3707 idf@foglembinoff com E-mail: ... . File No- 03i4930 TOWN Or'AUFlORA �. PLANNINi .1.}(MI"tkf'TIVIENT Pt E C E9VED JUN 2004 INITIALS Dear Sir or Madam: ACTION.~m,'.:.. Res W,hitinrellbe'velopmn Limited ("Whitwdf1;�} e'Street permit Bmendment and Zoningy-low Amendment to p Part Lot 21, Concession 3, East of Yong Centre' gpPlication for Off cial'P.lan nt referred to as "AuroraGateway retaiilcommercial deveigpm Town File Nos. D14-2$•03 aril D09-10-03 Inc. and Riotrin Properties (Richmond Hill) We are the solicitors for Riotrin mm properties (Newmarket) applications made at councii's Inc. This.letfer follows otlrcomments on the above referenced infonna#ionlmee#Ing; held' April 2$, 2004. Riotrin Properties (Newmark n) Ien Street n Newmaer of the Green Lane Centre at the southwest comer of Green Lane and g commercial facility of up to 475,000 proposes to develop a Avenue in the Town of Riotrin ProPe�les (Richmond Hill) Inc. prop Richmond Hill) Inc. is currently ro osed development by Rio#rin Properties square feet at the north east comer of Leslie Street and Elgin Millscted to the Riotrin Richmond Richmond Hill. Thep p licant, W hitwell, has obj before the Ontario Municipal Board. The app of the W hrlwell site and/or contribute tc Bill proposed development on the grounds that, inter olio, our clients ro osed Richmond Hi �si�. nr frustrate the leasin 'ewing the merits of the Whitwell appiwe believe the following issued need to be i o In revs addressed: g possibility of the as acknowledged by Mr. Jaque at 1. The Applicant's market justification needs updating to account fort 1 p. opposition to the Riotrin project at Leslie Street and Elgin Mills Road, pages 24 & 25 of his market study. Mr, Jaque's witness statement filed in app 600011 srtCIAL COUNCIL PUBLIC PLANNING DUNE 8852 7-149 P.g03/094 F-394 Page 2 of 4 Riotrin Richmond Hill project concludes that introduction of both the Whitwell project and the Riotrin Richmond Hill project could significantly adversely effect the Whitwell facility as well as existing retail facilities in the Town of Aurora; 2. There is substantial zoned but unbuilt commercial lands along Bayview Avenue, north of Wellington, which when combined with the existing developments totals sortie ti60th o square feet. Such a concentration of commercial space amounts to a centre. of regi10 ons! Proportions, and therefore it is questionable as to whether tw,o,; regional $ize centres are heeded to the north east part of the Town, removed from the:po'prllatlon conce'entresn; 3. The employment land supply analysis undertaken1. kiyClayfdn " Research needs to be critically analyzed with respect to the following:'` (a) The Clayton Inventory includes approximeit'aly 87 a5 '08 of land (Industrial'. Parkway North and South and Aurora„East) whicffhaslbeap vacant for quite same time, It is questionable whethersiach.•larr are viaale considering the length of time they have been available, and the ava!!atilllty of higher quality industrial lands in York Region, including the Town of RichM- brid H'I' :We elso question the availability of industrial lands in inventory; the Magna district, ';and considered jnthe whether such lands can reasonably be (b)' TFie Claytap;;analysis confirms that if Whitwell is approved, the Town could run out Of empfoymdnt, lands as soon as 2016. The Clayton analysis therefore recommendslcleslgration of addltibnal employment lands outside the urban area. However, by tFi'ealritrdduction,of,$ill 27, The Greenbelt Protection Act, 200g, and the successor leglslatlon`the�eto, it is Unclear what if any rural lands in York Region will be available for urban uses; (c) The Whltwelkl4nds are clearly highly affractiv8emPloyment lands confirmedbythe State Farm project to the north. The Town's own CB/Ma recommends disort study, as quoted in th6rCldyton report, ns the preservation of fhe 404 corridor lands for employment uses. 4. There is a significant problem with the Applicant's reliance on establishing a ,gateway, feature since it does not appearthat the lands at fhe north east Wellington form part of the development. comer of Leslie Street and 5. The "Reserve,, Office Block will, In our view, never come to be, developed for office uses. The office market will never pay the cost of retail lands. If the zoning is approved and the reserve office block is permitted to be developed forretail purposes in five short years, then it is in effect zoned and will never be affordable to an office development. The reserve office block is an example of incremental planning. In our view, there Is no probability that an office will ever be developed in the reserve block if the shopping centre is permitted to Proceed. 0001.2 Jun-83-2994 82:27pm From-Fo¢Ier,Rubinaff LLP 418 941 8862 SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 FOG SARF , RUBINOF M Page 3 of 4 in facility will have the potential to grow to such an As with the reserve office block, it is our view that the other concept office buildings will never come to pass. Rather, the shopping ty in nodes. extent that It could d ominate and depress existing shopping , to of the Whitwell lands for business park uses was intended; ,in part 7. The designation compensate for the re -designation of land from Industrial to Residential southeast of St. John's Sideroad and Industrial ParkwayY nd in recognition that such lands havesubstantial attributes for em to ment uses, name) access and visibility It is our submission that the policies set out in OPA 30e {to `eJ:nd that such radesignlatioln rovesthe Whitwe9.�pplications establishing a rlghtto redesignate the lands from employ;., to menf?ends in the Town.:, is notiustified. In ourview, theTown will make a mavit6g:er if. I app and lose what is arguably the Most attractive remaining emp y We would ask Mr. Kyle to circulates copy,of this Letter to the,peer'review team. We will likely have further comments upon receipt ofahe enalysis,ofthe peer leUiew team. Yours truly, FOGL RUB.IN'dFF LLFP;, Joel D. C.C. J;l K e, Town of Aurora RlannIng Department Rrotr, Properties ;,('Newmark't) Inc. Riotrin Properties (Richmond Hill) Inc K:WFARBER\W p�ata\RleAin\W hilwellV-etls�stcletk03,wpd SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 AGENDA ITEM #a ta6 'TOWN OF AURORA PUBLIC PLANNING MEETING No. PL04-077 SUBJECT: Employment Land Retention: Proposed Strategy and Official Plan Amendment FROM: Sue Seibert, Director of Planning DATE: June 23, 2004 RECOMMENDATION: That staff consider comments received at the Public Meeting pertaining to the proposed Official Plan Amendment Policies set out within the Strategy; and, THAT staff be directed to continue to work with Hemson Consulting Ltd to refine the document and present the implementing Official Plan Amendment to Council upon completion. BACKGROUND: As part of the Five Year Review of the Official Plan Council identified a number of initiatives that were to be undertaken following the review. The development of a strategy to retain employment land was established as a priority. In December of 2003, Council authorized staff to retain Hemson Consulting Ltd. to undertake this task. A review team comprising of Planning Department Staff, the Economic Development Officer and the Town's external legal counsel have provided guidance to the consultant. COMMENT: The attached draft Employment Land Strategy provides the background analysis and basis for a proposed amendment to the Official Plan. The main message in the document is that employment land is a critical land use for the Town of Aurora and as such changes to lands designated in the Official Plan for employment uses will not in general be considered outside an Official Plan Review except in limited circumstances. The full report is attached and the consultant will make a presentation respecting the proposed strategy and proposed Official Plan Amendment. The Proposed Official Plan Amendment sets the parameters for compelling site -specific reasons in which an amendment might be considered as follows: The proponent must demonstrate that the site cannot be developed for valid physical planning reasons: site configuration; access; or surrounding land uses and the proponent must demonstrate that the proposed alternative will not cause any negative effects on the existing and prospective employment land uses, including potential destabilizing effects. If this condition cannot be met, the application would not be approved. If the condition is met, then, the applicant SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 2 - Report No. PL04-077 must also demonstrate the proposed amendment is beneficial to the Town in terms of its contribution to the overall intent, and goals of the Town's polices; demands or servicing infrastructure fiscal impacts and alternative locations within the Town to accommodate the proposed use. Greater detail is set out on page 22 of the accompanying report. (Figure 1) This is an important initiative for the Town and one staff have treated as a priority. To that end, staff are suggesting that that comments received at the Public Meeting be considered in a timely fashion and that the resultant implementing Official Plan Amendment be presented to Council for adoption upon its completion. The Region of York has commented that they support the Employment Land Retention Strategy and the comments are attached as Figure 3. OPTIONS: Council can provide direction for revisions to the Strategy or its implementing Official Plan Amendment. CONCLUSIONS: As part of the Five Year Review of the Official Plan Council directed that an Employment Land Retention Strategy be developed. Aurora Council's have a long history of proactively providing for employment land by purchasing and developing land for employment and actively seeking and encouraging employment development. The loss of employment land has been identified as a critical issue by successive Councils. A proposed strategy has been prepared and provided that Council is satisfied that it represents the approach it wishes to pursue, staff recommend that the strategy be endorsed in principle and that comments received at the Public Meeting be considered prior to the Official Plan Amendment being presented to Council for adoption. FINANCIAL IMPLICATIONS: Employment land is needed to provide for a complete community. It provides locations for jobs for the Town's residents, services to the community and revenue from assessment. 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 application through the Official Plan amendment process facilitates this objective. ATTACHMENTS: Figure 1 Proposed Employment Land Strategy, which includes suggested Official Plan Policies. 000015 SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 3 - Report No. PL04-077 Figure 2 Draft OPA Policies Figure 3 Comments from York Region PRE -SUBMISSION REVIEW: Management Team Meeting — June 16, 2004 Prepared by: Jim Kyle, Manager of Policy Planning Extension 4345. 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'n cn 8 is • • • • u H ., SPECIAL COUNCIL PUBLIC PLANNING JUNE 22 2004 � O m ` mo (2;e ƒ2\ j\-w ( ` § \ / / / q)/$ ( / &P® 0: \ \ _ :_ �® * _- /\( 2 2 \[ /\E\ \ / EU \ �� / U \u\ -�0wo \j/ }\7g \ j [ }[ }/}%) \ ƒ +\\ !\, 0 0 § \) 5 2 {} \} / [ ! m 7§ f :CL \ \� ® } } $/$_ . . .. - }\\\\\ /)\ƒ. \ ........ ... ..-- )) ---. u \ \ .. .....�. � SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 FIGURE 2 DRAFT AMENDMENT NO. 55 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 THE CORPORATION OF THE TOWN OF AURORA Bplaw Number 4550-04.D BEING A BY-LAW to adopt Official Plan Amendment No. 55 The Council of the Corporation of the Town of Aurora, under Section 17 (6) of the Planning Act, RSO 1990 Chapter P. 13 as amended, hereby enacts as follows: 1. Official Plan Amendment No. 55 for the Town of Aurora, consisting of the attached explanatory text and schedules, is hereby adopted. 2. The Clerk is hereby authorized and directed to make such application on behalf of the Corporation and to execute under the Corporate Seal such documents as may be required for the above purposes. 3. This By-law shall come into force and take effect on the day of the final passage thereof. READ A FIRST, SECOND AND THIRD TIME THIS DAY OF ,2004. T. JONES, MAYOR B. PANIZZA, MUNICIPAL CLERK EWE SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 AMENDMENT NO. 55 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. 55 to the Official Plan for the Town of Aurora Planning Area which was adopted by the Council of the Corporation of the Town of Aurora is hereby approved under Sections 17 and 21 of the Planning Act, R.S.O. 1990 T. Jones, Mayor B. Panizza, Town Clerk �1 SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 AMENDMENT NO. 55 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA STATEMENT OF COMPONENTS PAGE PART 1— THE PREAMBLE 1 1.0 Introduction 1 2.0 Purpose of the Amendment 1 3.0 Location 1 4.0 Basis of the Amendment 1 PART 2 —THE AMENDMENT 2 1.0 Introduction 2 2.0 Details of the Amendment 2 3.0 Implementation and Interpretation 4 Schedule "O" — Land Use Plan {; F 4 SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 Town of Aurora — OPA # 55 1 PART 1 - THE PREAMBLE 1.0 INTRODUCTION This part of the Amendment entitled Part 1 — The Preamble, introduces the Amendment and describes the context and planning process leading to the document's preparation. It is for explanatory purposes only and does not form part of the Amendment. 2.0 PURPOSE The purpose of this amendment is implement a strategy for the retention of employment lands within the Town of Aurora and in order to establish site specific policies to restrict the redesignation of employment lands to other land uses. 3.0 LOCATION The lands affected by this amendment are the existing employment areas within the Town of Aurora as identified on Schedule "A" attached hereto. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment in response to the following: 4.1 As part of the Five Year Review of the Official Plan Council identified a number of initiatives that were to be undertaken following the review. The development of a strategy to retain employment land was established as a priority 4.2 In December of 2003, Council authorized staff to retain Hemson Consulting Ltd. to undertake an Employment Land Retention Strategy. 4.3 A review team comprising of Planning Department Staff, the Economic Development Officer and the Town's external legal counsel have provided guidance to the consultant. 4.3 The completed employment strategy provides policies to be included within an official plan amendment in order to implement the recommendations of the strategy. SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 Town of Aurora — OPA # 55 2 PART 2 - THE AMENDMENT 1.0 INTRODUCTION All of this part of the document entitled Part 2 — The Amendment, consisting of the following text and attached map, designated Schedule "O" (Employment Areas), constitutes Amendment No. 55 to the Official Plan for the Town of Aurora. 2.0 DETAILS OF THE AMENDMENT The Official Plan of the Town of Aurora is hereby amended as follows: Item (1) By adding the following new Schedule "O" to the Official Plan, as included within this Amendment: i) Schedule "O" - Employment Areas Item (2) Section 3.3.1 is hereby amended by the addition of a new Section 3.3.1 — Employment Land Retention as follows: 3.3.1.1 Employment Land Retention INTRODUCTION Employment land has traditionally been referred to as land in industrial areas, but currently accommodates a much wider range of uses. Employment areas today accommodate traditional activities such as manufacturing, distribution and warehousing as well as many othertypes of uses such as research and development, offices, service commercial, recreational facilities, institutional and accessory retail uses. In the Town of Aurora, employment land accommodates a full range of uses from traditional activities such as manufacturing and distribution, to support services such as commercial printing, to small commercial businesses serving local needs such as garden supplies and bakery products. Employment land is a critical component of the variety of land uses that create a vibrant and healthy community. From a community perspective, no one land use is more important than any other. Instead, what matters is balance. Within this context, it is important to maintain a balance SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 Town of Aurora - OPA # 55 3 between population and employment. To create a balanced community, in which opportunities are provided within the community for residents to work, employment growth is required. Employment growth is beneficial to a community for a number of reasons: Promoting a better live -work relationship helps reduce traffic congestion when fewer residents must leave the community to find employment opportunities. 2. A greater diversity in the property assessment base allows the community greater flexibility in responding to unanticipated changes in the community or the market. 3. In most cases, non-residential development still generates a greater long term net fiscal benefit to the municipal corporation. The Town recognizes the importance of protecting the employment land supply. The Town also recognizes that pressure for the redesignation of employment land to other urban uses will continue. The vacant land supply is becoming constrained for all types of urban uses. Because of this situation, strong policies regarding the retention of the employment land supply are required. The Town has undertaken an employment land retention strategy to address this need. 3.3.1.2 POLICIES a Within employment areas as identified on Schedule "O", Council shall not approve applications for the redesignation of employment land to other urban uses that involve or are based upon disagreement with, or challenges to, the overall amount of employment land designated in the Town, including arguments of scale, outside of a comprehensive growth management process, or five year official plan review process. b Otherwise, employment land shall only be redesignated to other urban uses if the following two conditions are met: The proponent shall have the onus of demonstrating that the site cannot be developed for any employment land use due to a valid physical planning reason: site configuration; access; or surrounding land uses: and ii. The proponent shall have the onus of demonstrating that M: t SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 Town of Aurora — OPA # 55 4 the proposed alternative is compatible with all land uses permitted on surrounding and nearby lands, will not cause any negative effects on the existing or prospective employ- ment land uses, including potential destabilizing effects, and will also be beneficial to the Town in the areas of: • Contribution to the overall intent, and goals of the Town's policies; ■ Demands on servicing and infrastructure; ■ Fiscal impacts; and ■ Alternative locations within the Town to accommodate the proposed use. c If the first condition is not met, the application shall not be approved. Any reports or applications submitted in support either of these above two conditions must be subjected to a full peer review process, at the expense of the applicant. 3.0 IMPLEMENTATION AND INTERPRETATION 3.1 The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Aurora Official Plan and in accordance with the provisons of the Employment Land Retention Strategy prepared by Hemson Consulting Limited dated May 2004. SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 EXPLANATORY NOTE Re: Official Plan Amendment No. 55 Official Plan Amendment No. 55 has the following purpose and effect: To provide policies to be considered within employment land areas pertaining to the retention of employment lands and conversion or redesignation of lands within employment area to other land uses. The policies and principals pertaining to the retention of employment areas have been derived from the "Employment Land Retention Strategy" completed by Henson Consulting Limited dated May 2004. The "Employment Land Retention Strategy" will be consulted in assisting in the interpretation of the specific policies set out within this amendment. SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 TOWN OF AURORA THIS IS SCHEDULE "O" THE REGIONAL MUNICIPALITY OF YORK Official Plan Amendment No. 55 ®EMPLOYMENT AREAS TO BY-LAW NO.4550-04.D PASSED THIS XX TH DAY OF XXXXXXXXXXXXXXX. CLERK MAYOR IF NewmarketTown of St John's Sideroad mill AURORA 4 aoa /IEAST •`, INDUST f ' f 1 NORTH 404 • // -Eastm f j OUITHgi 404 vandorf Sideroadvan.. fI. SCHEDULE "O" TO OR AA O. 4550-04.D SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 FIGURE 3 Planning and Development Services Department June 14, 2004 Jim Kyle Manager Planning Department Town of Aurora 100 John Way West Aurora, On. L 4G 6J1 Dear Mr. Kyle: Re: Employment Land Retention Strategy Town of Aurora t:)i�"�iq Ut-ORA al)ARTMFN T ,-i"t;t';'..,.. DES %: a �# JUN A 6 2W Thank you for the opportunity to comment on the Town's proposed Employment Land Retention Strategy. The strategy is intended to form the basis of a future Official Plan amendment which, if and when adopted, will be forwarded to the Region of York for approval. Our comments at this stage of the process are preliminary and will be followed up with a more comprehensive analysis during the Official Plan amendment approval process. The proposed strategy provides three elements to address proposed changes to employment areas. It recommends changes only be considered within a comprehensive planning process such as a five year review of the Town's Official Plan, and any proposed changes only be considered outside of this comprehensive planning process if a compelling rationale is provided that justifies the change, and applicants demonstrate that the proposed development is compatible with all permitted uses on surrounding and nearby lands in terms of servicing and fiscal impacts, town - wide goals and policies, and alternative locations. This strategy presents a clear message of the importance of retaining employment land and will inform landowners, developers and consultants of the Town's.position regarding employment-: and.at the outset of a development approval process. The background report prepared by Hemson Consulting Ltd. in support of the employment land strategy includes many important statements regarding the significance of retaining existing designated employment lands. Regional staff concur with the comments in the report under the headings "Protecting the Employment Land Supply is Also Important from a Regional Perspective" and "Employment Land in Aurora is also Required to Contribute to the Region's Planning Goals". In addition to policies in the Regional Official Plan that recognize the importance of the manufacturing sector and promote a full range of manufacturing, York Region's Vision 2021 The Regional Municipality of York, 17250 Yonge-Street, Newmarket, Ontario L3Y 6Z1 Tel: 905-830-4444, 1-877-464-YORK, Fax: 905-895-3482 Internet: wwm.region,york.m.ta SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 14, 2004 document contains an action area under Goal 3 - "A Vibrant Economy" that calls for "facilitating job creation in designated employment areas, through targeted expansion of services such as transit". Regional staff support the Town's initiative to develop a strategy regarding employment land retention. If you require further information regarding these comments please contact Paul Belton at extension 1507. Sincerely, Paul Belton M.C.I.P., RPP Principal Planner Pblpb 1\DevelopmentT06 - Official Plans - Area Municipalities\Official Plan Amendments\Aurora Prelindnary Official Plan Amendments\Employment Strategy\Response to Background smdy.doc SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 AGENDA ITEM # 3 Ut6 'TOWN OF AURORA PUBLIC PLANNING MEETING No. PL04-078 SUBJECT: Proposed Official Plan and Zoning By-law Amendment Applications Victor Priestly and The Priestly Holdings Corporation (Aurora Toyota) Part of Lot 80, Concession 1 EYS and Block 43, R.P. 65M-3461 Southwest Corner Bayview Avenue and Wellington Street East 623 and 669 Wellington Street East Files: D09-05-04 and D14-06-04 FROM: Sue Seibert, Director of Planning DATE: June 23, 2004 RECOMMENDATION: THAT report PL04-078 be received as information and that Council determine its position with respect to the applications, subject to the public comments received. BACKGROUND: Location/Land Use: As illustrated on the attached Figure 1, the subject lands are located at the southwest corner of Wellington Street East and Bayview Avenue. The site comprises of approximately 2 hectares (5 acres) and, as illustrated on the attached Figure 2, the easterly part of the site is presently occupied by a Montessori school, and a storage yard and building; while the westerly part of the subject lands is vacant. Surrounding Uses: To the North: Vacant; South: Existing Residential and Open Space; East: Rural; and West: Hydro Corridor, Open Space, and Car Dealership. Official Plan: The subject lands are currently designated "Service Commercial Centre" and "Linear and Other Open Space" in OPA # 61 in the "North Bayview Residential Neighbourhood Secondary Plan". The Service Commercial Centre category permits uses intended to serve the adjacent industrial uses with offices, data processing, child care centres, motels, hotels, restaurants, technical trades, printing, recreational, marketing and financial services. As this site is located in a flood prone area and there is an existing watercourse, the applications were circulated to the Lake Simcoe Region Conservation Authority for their SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 2 - Report No. PL04-078 review and comment. Within the 1991 Official Plan, the subject lands are highlighted within Schedule 'C', Heritage Resources. The Official Plan identifies the dwelling as being of historical significance, in that it is labelled as a'Heritage Resource Structures and Sites'. As this site is identified as historically significant, Local Architectural Conservation Advisory Committee (LACAC) were circulated the applications for their review and comment. Zonina By-law: The subject lands are zoned "Holding (H) Zone', "Institutional (1-5) Exception Zone", "Industrial Commercial ((H) C5-5) Exception Zone", and "Major Open Space (0) Zone." The `I-5' zone is a temporary use by-law (By-law 4400-03.D) that has the effect of permitting the school to operate for a period of no longer than three years, ending in January 2006, at which time the use would cease and the zoning would revert back to its original zoning, namely the Rural (RU) Zone. PROPOSAL: The applicants are proposing to amend the Official Plan from "Service Commercial Centre' and "Linear and Other Open Space' to "Campus Commercial Centre" and "Linear and Other Open Space". The applicant has submitted a draft Official Plan Amendment (see. Appendix 1), which includes site -specific policies and a land use schedule illustrating the extent of the two land use desginations for the subject lands. The applicants are also proposing to amend the Zoning By-law from "Holding (H) Zone', "Institutional (1-5) Exception Zone", "Industrial Commercial ((H) C5-5) Exception Zone', and "Major Open Space (0) Zone" to "Service Commercial (C3) Zone" and "Major Open Space (0-X) Exception Zone". The purpose of these applications is to ultimately allow for the redevelopment of the subject lands and for its use as an automobile dealership. It is proposed that the existing Aurora Toyota would relocate from its Yonge Street location, to this site. The applicant is proposing to demolish all of the buildings and to construct a new building of approximately 2,070 square metres (22,000 sq. ft. approx.) in size. As illustrated on the attached Figure 3, the conceptual site plan illustrates the proposed extent of the site development, including the location of the car dealership building and the associated parking areas, which could accommodate over 300 vehicles. As noted on the conceptual site plan, the applicant indicates that they propose within the east portion of the site to preserve the existing creek, and that the area would remain open and a naturalized area. Through correspondence on file, the applicant reiterates the particulars proposed within this area, by stating their intention to preserve the existing creek, the floodplain, and to further enhance the appearance of the intersection of Bayview Avenue and Wellington Street. It is noted that the applicant also proposing a car display within the same area. The applicant has submitted proposed elevations of the building (see Figure 4). The car dealership building would comprise of approximately 1,743 sq. m. (18, 700 sq. ft) of ground floor area and a 2"d floor of approximately 327 sq. m. (3,500 sq. ft). The height of the building varies, with a maximum height of 9.75 metres (32 feet). Proposed building 0006 SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 3 - Report No. PL04-078 materials are a mix of aluminium cladding, white concrete architectural block, and glass divided by aluminium mullions in aluminium frames. The applicant is proposing two zones for the subject lands. The zoning proposed for the west part of the subject lands, which encompasses the building, is the "Service Commercial (C3) Zone". The applicant has not identified any proposed exceptions to the uses and specifications of the 'C3' zone. The 'C3' zone permits the following uses: • Animal hospitals • Antique shops • Automotive rental establishments • Automobile service stations and service centres • Automobile washing establishments • Clinics • Convenience retail stores • Dry cleaner's distribution depots • Dry cleaning establishment • Gasoline bars • Garden and nursery sales and supply establishments • Hotels, motels and tourist homes • Motor vehicle and trailer sales areas • Public garages, mechanical • Public transportation terminals • Restaurants and take-out restaurants • Supermarkets • Retail stores accessory to the above • One apartment dwelling unit in accordance with the provisions of Section 7.4 • Temporary sales trailers and/or offices • Outside storage in accordance with the provisions of Section 19.3 may be permitted in conjunction with an above noted permitted use The zoning proposed for the east part of the subject lands is the Major Open Space (0) Zone, with exceptions being requested to uses permitted and specifications in order to accommodate items such as: the existing access driveway and parking area may be used for parking of automobiles; and, an area for the display of automobile be permitted at the corner Bayview Avenue and Wellington Street. The 'O' zone permits the following uses: • Agriculture • Athletic fields • Conservation • Forestry • Horticulatural nurseries • Golf courses • Parks, public and private • Wildlife areas The applicant has submitted various materials in support of the applications, namely reports dealing with traffic, noise, and the environment. The applicant is of the opinion that 0Y G00i SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 4 - Report No. PL04-078 the supporting studies indicate that no significant negative impacts would be imparted on the community as a result of the proposed development. COMMENTS: The applications and supporting material were circulated to internal departments and external agencies for review and comment. In addition, Corporate Services subsequently provided notice of the applications to the public through advertisement in the newspaper and mail -out to landowners within the area. It is noted that a noise study did not form part of the applicant's initial submission, nor did the report from part of the circulation of materials that was directed to staff and external agencies for their review and comment. Upon receipt of the report, it was circulated however it appears that insufficient time was available for review and comment, and as a result only a minimal response on the noise report was received. Internal The applications were circulated for review and comment to Building Administration, Economic Development, Treasury Department, Public Works, Leisure Services, LACAC and Historical Society. Building Administration provided various comments that included the need for the applicant to clarify within the proposed environmental zone as to the intent of the proposed site works in regard to returning of existing asphalt and gravel parking areas for temporary parking. Also, a general comment was provided that it is a common practice to fully gate automotive compounds and, in this regard it was recommended thatthe details of fencing and gates be shown. This would permit a review of the proposal to determine impact on zoning as well as the aesthetics of any proposed enclosure features, as they may impact the Wellington Street Corridor design guidelines. The proposed new zoning standards can be reflective of the preliminary site plan, in dealing with items such as setbacks, lot coverage and parking. Further, it was noted that detailed comments would be provided at the site plan stage, in particular to ensure that lighting and noise from external speakers will not adversely impact adjacent residential to the south. Local Architectural Conservation Advisory Committee (LACAC) recommends to Council that they consider the heritage significance of the dwelling ('Hartman House'), which would in effect be demolished based upon this development proposal. LACAC highlights that the dwelling is identified as being of historical significance to the Town and that its importance is reflected through its identification in the Official Plan. LACAC therefore recommends that the Town and owner utilize its best efforts to preserve and incorporate this building in the future development of the site. Public Works provided various comments on the applications that included general comment that approvals to effect the development are required from agencies such as the Region, Ministry of Environment, Ministry of Natural Resources, and the Conservation Authority. In regard to their comments on stormwater management, it was noted that the proposed car dealership building appears to be situated within the floodplain. In regard to the noise study, they requested clarification in regard to speaker system. Further, minimal comments were provided in regard to the traffic report, environmental assessment and the SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 5 - Report No. PL04-078 natural environment assessment. In recent years, Council's direction to develop and implement urban design and architectural control measures along Wellington Street East and Bayview Avenue, have been realized through the secondary planning processes, including the development of various urban design guidelines. The subject lands are in included within and are in proximity to areas that Council has put in place guidelines for development of lands along Bayview Avenue and Wellington Street, namely, the 'Bayview Wellington Community Urban Design Guidelines' November 1995; the'Wellington Street East Corridor 2b Urban Design Guidelines' November 2002; and, the 'Bayview Northeast 2b Urban Design Guidelines' October 2003. Of particular interest, is that the subject lands are specifically identified within the guidelines, as forming part of an area that is identified as a 'Primary Gateway' to the Town. As part of the further review of the applications, it is recommended that Council consider urban and architectural design aspects of the future use of the subject lands, including both building(s) and site works. .As with other planning applications, there is an opportunity to achieve a balance between the business activity, viability and security needs of the applicant, with the objectives of the Town to realize objectives for development that is responsive to community's expectations, in particular for this highly visible corner. It is therefore recommended that the Town's controlling urban design consultant be part of the review, which would include the streetscape along Wellington Street and Bayview Avenue, the building elevations, and the area along the south property line adjacent to the Town lands and the residential community. Planning staff are of the opinion that some of the uses that are permitted at present within the C3 zone, would not be appropriate for the subject lands, including, but not limited to, automotive rental establishments, automobile service stations and service centres, automobile washing establishments, dry cleaner's distribution depots, gasoline bars, garden and nursery sales and supply establishments, public transportation terminals, and certain outside storage uses. In considering the requested zoning of the subject lands, it is recommended that Council be cognizant of proposed use of the subject lands and that permitted within the parent 'C3 zone; and, the potential conflict with Town objectives for uses along Wellington Street and the potential for incompatible uses with the adjacent residential area. Further, in recent years the approval of new commercial, industrial and residential zones, have included specifications for increased landscaped strips along arterial roads and between non-residential and residential uses. This is applicable to both buildings and parking areas. This approach in zone specifications has been taken to address objectives for the 'greening' of main streets, pedestrian scale, and to address compatibility between uses. In particular, along Bayview Avenue landscaped strips in the order of 6 metres have been implemented, as well as, landscaped strips of 6 metres for non-residential uses adjacent to residential areas. It is recommended that the proposed commercial and environmental zoning forthe subject lands contain specifications regarding landscaped strips. As for the latter point, it is noted from the conceptual site plan that a 3 metre setback is proposed for the area along the south property line, which is shared with the Town lands and the rear yards of the existing row house dwellings. Also, the conceptual site plan does not identify the presence of the dwellings in relation to the proposed site works, and it is unknown as to the change in grade/elevation between the two properties. Unknown as to impact of site works upon lands to south. In considering this setback within the both commercial and environmental zones, it is recommended that SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 6 - Report No. PL04-078 information on details of site grading and the differences in elevations be provided for review. In addition, the area would be subject to confirmation of the particulars of any landscaping, noise control measures, berming, landscaping, fencing, etc. In considering the request to utilize an 'O-X' exception zone for the environmentally constrained/sensitive areas, staff note that the Environmental Protection (EP) Zone or one of the exceptions, would be more appropriate. As the subject lands are in private ownership and are identified as being within the floodplain, recent'EP' exception zones would be more appropriate for these lands. Through the review of the applications, it was determined that the issues of lighting and noise are two development issues that need to be further examined. For site lighting, the locations of pole,. ground, and building mounted lighting need to be determined and examined in regard to the effect of spill over onto public streets and the residential area. In regard to noise, issues such as exterior mechanical systems (whether it is ground or roof top), service bays and loudspeaker system similarly need to be determined and examined. Comments remain outstanding from Economic Development, Treasury Department, Leisure Services, and Historical Society. External The applications were circulated for review and comment to York Region, Lake Simcoe Region Conservation Authority, Central York Fire Services, and Aurora Hydro Electric Commission. York Region's Planning and Development Services Department commented that no Regional issues related to the land use change were raised and that it was noted, should Aurora Council see fit to approve the proposed redesignation on the basis of a sound planning rationale, the Region would not object to the change. The circulation of the applications to the Region, included the request prepared by the applicant to exempt the Official Plan Amendment from Regional Planning Committee and Council approval. In response to this request, the Region responded that, as the application appears to be a routine matter of local significance, the Official Plan Amendment would be exempt. Lake Simcoe Region Conservation Authority (LSRCA) has provided limited comments to date and note that detail comments would be provided in the future. LSRCA commented that the subject property is situated entirely within the Fill Regulated area, that it is situated partially within the Regional Flood Plain, and that a watercourse traverses the property. However, LSCRA noted further that, in order for them to review the reports that had been submitted with the applications, they require the applicant to submit the requisite fees. Upon receipt of the fees they would then be able to review the material and prepare a response to the applications. Central York Fire Services have commented that they have no objections to the applications. In addition to LSRCA, comments on the applications remain outstanding from Aurora Hydro Electric Commission. 6i00® SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 7 - Report No. PL04-078 Public Telephone and counter enquiries in regard to the applications were received from the public, namely from residents to the south of the subject lands. Their enquiries of staff were requests for information available in regard to site development details, including lighting in proximity to the dwellings; and, as to site noise, in particularfrom the servicing of vehicles and that from the loudspeakers. At the time of the preparation of this report, one letter from the public was received (see Appendix 2). Jim and Robin King of Millcliff Circle have concerns with the applications, in particular, the issues of noise, lighting and privacy. OPTIONS: Should Council determine there is merit in the subject applications, it has the option of authorizing Staff to work with the applicant toward the finalization of an implementing Official Plan Amendment and Zoning By-law Amendment. Alternatively, Council could deny the applications; however, Council should be cognizant of the Staff comments and those raised by the public at the Public Planning Meeting. CONCLUSIONS: The applicant has submitted proposals to amend the Official Plan and Zoning By-law to permit an car dealership on the lands at the southwest corner of Bayview Avenue and Wellington Street East. If approved, the temporary use of the subject lands for the Montessori school would cease. Therefore, Staff recommends that report PL04-078 be received and that Council determine its position with respect to the application, subject to public comments received FINANCIAL IMPLICATIONS: In the context of reviewing the applications Council needs to consider the financial implications. 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 amendment processes facilitates this objective. ATTACHMENTS: Figure 1 — Location Plan Figure 2 — Topographic Survey Figure 3 — Proposed Site Plan Figure 4 — Proposed Building Elevations Appendix 1 — Draft Official Plan Amendment Appendix 2 — Public Comments 1000061 SPECIAL COUNCIL PUBLIC PLANNING JUNE 23 2004 June 23, 2004 - 8 - PRE -SUBMISSION REVIEW: Management Team Meeting — June 16, 2004 Prepared by. 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