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Agenda - Special Council - 20040128fig TOWN OF AURORA PUBLIC PLANNING AGENDA NO.04-84 Y, JANUARY 28, 2004 too P.M. COUNCIL CNAMBERS AURORA TOWN NALL PUBLIC RELEASE 23/01 /04 TOWN OFAURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 04-04 Wednesday, January 28, 2004 I DECLARATIONS OF INTEREST ll APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda be approved as presented. Ill PRESENTATIONS Brief Overview from the Director of Planning (pg. 1) Re: Proposed Development Between Wellington Street East and the North Town Limit Along Bayview Avenue. IV PLANNING APPLICATIONS V ADJOURNMENT AGENDA ITEMS 1. PL04-003 - MORGUARD REAL ESTATE INVESTMENT TRUST (pg. 3) Blocks 2 & 3, R.P. 65M-3074 (Sobeys/Zellers Site) Official Plan and Zoning Amendment Applications File Nos. D09-12-03 & D14-29-03 respectively RECOMMENDED: THAT report PL04-003 be received as information and that Council determine its position with respect to the application, subject to the public comments received. 2. PL04-010 -Official Plan Amendment, Zoning (pg. 19) By-law Applications EV-TAZ Development Limited Lot 4, Registered Plan 65M-2873 217 Earl Stewart Drive Files D09-15-03 and D14-34-03 RECOMMENDED: THAT Report PL04-010 be received as information and that Council determine their position with respect to the applications, subject to public comments received. 3. PL04-011 - ST. JOHN'S BAY LAND COMPANY LTD. (pg. 31) 243 Earl Stewart Drive Lot 1, Block 7, Plan 65M-2874 Official Plan and Zoning Amendment Applications File Nos. D09-13-03 & D14-32-03 respectively RECOMMENDED: THAT report PL04-011 be received and that Council determine its position with respect to the application, subject to the public comments received. Aurora Special Council — Public Planning Agenda No. 04-04 Page 3 Wednesday, January 28, 2004 4. PL04-004 -Zoning By-law Amendment Application (pg. 42) Bayview Business Park Inc. Part of Lot 1, Registered Plan 65M-3074 108-224 Hollidge Boulevard File: D14-31-03 RECOMMENDED: THAT report PL04-004 be received as information and that Council determine their position with respect to the application, subject to public comments received. Memo To: Mayor and Members of Council From:Sue Seibert, Director of Planning Date: 1/22/2004 Re: Presentation Public Planning Meeting Attached is a plan indicating existing and proposed development between Wellington Street East and the north town limit along Bayview Avenue. Each of the applications scheduled to be considered at the January Public Planning Meeting are indicated on the plan in the numerical order in which they will be listed on the agenda. For simplicity and to differentiate among those applications that have already been approved for commercial uses and those that are new proposals in the southerly part of the corridor, the applications are listed from south to north. Staff will make a brief introductory presentation to provide an overview and hopefully to respond to the interest expressed at the Council orientation session in the overall corridor. The attached plan provides a summary that will be expanded upon, although in view of the number of applications under consideration, our verbal presentation will be brief. Yours truly, due eibert, MCIP, RPP Director of Planning cc. L. Allison, C.A.O., Bob Panizza S1PIanning1D00 GeneralWlemos\Memo to Mayor and Members of Cound BAYVIEW AVENUE TOWN OF NEWMARK FM1< ., (NORTH) CORRIDOR o �ANJ A< `d 4c LAND$ liil1 _ And� Rd L ry � � � MnTTRMY HOME LTO s I SUBJECT iL111111 D. Yal I M„ MEaY llllil � Uj „010 < l� x y�` APPLICATIONS . Tpay _ BTJOHNg IpEROAO O Morguard R.E.I.T. D09-12-03 & D14-29-03 Tl3nrv.E.. ° MnTrnMr >rWELLINI9T N (AURORA) LIMITF,b j 2 Be view Business Park Inc. O Noarxl<i. CHnParn f { D14-31-03 _ PRIESTLY D11.4 -PREMI REINC. - '— 1 , s:-0BBM9 ""'"'°"°"°°'°"""' Se.11.0 D14 v°v.n.Da ! 1, JONEB 3 EV-TAZ Development Ltd. O Dt4-le.a D09-15-03 & D14-34-03 g Pegb I fI1�� 4 ";' Veln ' ' ST lJOH '8 BAY LAND 4 St. John's Bay Land O Company Ltd. 1 JoMPaxYLTuo g1l_!z-03 "� - & D09-13-03 & D14-32-03 wol _ S TVIEW �ELLIN3TOp O 2 D n MESRORAt4"S" gL JCHN'e UV E7 1 _ pAVVIgWGREENS { VVV III R VEfeardNME R e) Legend PE Dom_ I_ W J FKM perk PfleIIOS£D PUBLIC et B tle __ l ELGfFN IAPY ' I}r pe a PNABEI aeel I bE _ 3 Municipal Boundary —' Hydro Line .ts j - N vEkromENr ®. Existing Traffic Light t1L 61 G I LLPark FutureTraffic Light Ir°� _ River or Stream — - W Floodplain °°�„;r_ 1 EIGHTH iewvn 15m Buffer Zone _ DIM EN ON INO mtowa an ........ smnde.nN _. F Major Street D, mI r� v �TITT ITR s Minor Street PUmEt Proposed Street Traffic Circle. P"M - �1.Road Access y — __I PRoposEBPUBLID a aaBY66a/DeL Proposed Road Access r __ [ Existing Lot a t+ +a _] Proposed Lot If n€ n4 0 Building O PRABe1 ' — Proposed Building ! prrt C441 . [] 3 M'- - QApplicant Boundary C - : Proposed Boundary — ; G,aoD Ta P T Tres pSO BPUBLI C -'I ELEMEMMY -'-' EMNO 1 dCIIOUL 0 IN 2W 300 / 1 q EPOT HG 09/AL�VII 'I .MENT .M. aean. VELCPMENi CUP) � ., T' — Dif-0e-0B 12A1 A P E E v (I U { ' V I Map created by the TomofAuaora -- Planning Depadmenl, December Wn 01 40 Ap/ 101h, 2003. Map modl0ed an 9 —®— January 22nd, 2004. Base data provided by the R glan of York. d WEL. 1 G N 8 EAST— r TA€ aeT INC. BWlding dlmensl0ns ale approximations and should not be 6903400NT. LT01,20T9090NT. LT,, 600340ONTAR10 W , THE ALPEN HOUSE LTDDDhBa°D DIa�B6aA Dt106°° used for exact measurements a Worsalculaltens. - VITA f 1 ta'TOWN OF AURORA PUBLIC PLANNING MEETING [AGENDA ITEM # SUBJECT: MORGUARD REAL ESTATE INVESTMENT TRUST Blocks 2 & 3, R.P. 65114-3074 (Sobeys/Zellers Site) Official Plan and Zoning Amendment Applications File Nos. D09-12-03 & D14-29-03 respectively FROM: Susan Seibert, Director of Planning DATE: January 28, 2004 RECOMMENDATIONS No. PL04-003 THAT report PL04-003 be received as information and that Council determine its position with respect to the application, subject to the public comments received. BACKGROUND Location/Land Use: The subject site is located at the south-west corner of Bayview Avenue and Hollidge Boulevard (Figures 1 & 2). The property is approximately 12.13 hectares (30 acres) and currently contains Sobeys Supermarket, Zellers, TD Canada Trust, Scotia Bank, Subway, Pure Pizza, and several other uses in a total of four (4) buildings. Surrounding Land Uses: North: Future Commercial Plaza South: Home Depot East: Residential subdivision under construction West: Hydro Corridor Official Plan: The block of land on which the Sobeys Supermarket is located is designated "Campus Commercial Centre" and the remainder of the site is designated "Community Commercial Centre" under Official Plan Amendment No. 6 (the Bayview-Wellington Secondary Plan)(Figure 3). The Campus Commercial Centre permits retail commercial establishments, which require large building footprints, such as furniture and major appliance sales outlets, retail warehouse outlets and home improvement centres. January 28, 2004 - 2 - Report No. PL04-003 The key component of the Community Commercial Centre designation is to be an enclosed shopping centre, which will provide a full range of retail and service establishments to meet the regular weekly needs of Aurora residents. Zoning By-law: The subject lands are zoned "Enclosed Shopping Centre Commercial (C8) Zone" and "Campus Commercial (C9) Zone" (Figure 4). The C8 zone states that the lands shall only be used for an enclosed shopping centre and a maximum of (3) three additional freestanding buildings, with the following permitted uses: Enclosed Shoppinq Centre - banks or financial establishments - business and professional offices - clinics - libraries, post offices and government administrative offices - medical and dental laboratories - places of entertainment - service shops, personal - restaurants - take-out restaurants - retail stores - drug stores - department store - supermarket - dry cleaner's distribution depot - 1 apartment suite per shopping centre for caretaker accommodation in accordance with the provisions of Section 7.4 - studios - commercial schools - health centres - religious institutions - cinemas - service shops, light - hotels - day care centres - community uses, public institutional uses, catering to the needs of the community Freestanding Commercial Buildings - restaurants - take-out restaurants January 28, 2004 - 3 - Report No. PL04-003 - drive thru restaurants - cinemas - retail stores - business and professional offices - banks or financial establishments - places of entertainment - service shops, personal - studios - service shops, light The C9 zone states that the lands shall only be used for the following permitted uses: Uses Permitted - retail stores including a supermarket but excluding convenience retail - drug stores - hotels - professional offices - automotive parts and service, where accessory to retail uses - nursery and garden centres The Sobeys supermarket is located on the lands zoned C9. PROPOSAL The application to amend the Secondary Plan proposes to delete the "Campus Commercial' designation and extend the "Community Commercial Centre" designation across the entire property. The "Campus Commercial' policies would be consolidated into the "Community Commercial' policies. The applicant proposes the following modifications to the Secondary Plan: 1. that the requirement for the phasing of the development be removed, as the site is already substantially developed; 2. that the uses permitted in the "Campus Commercial' designation be transferred to the "Community Commercial' designation; 3. that the maximum commercial floor space permitted under the "Campus Commercial' designation (9,290 square metres (100,000 sq. ft.)) and the 4,645 square metres (50,000 sq. ft.) area permitted for freestanding commercial uses in the "Community Commercial' designation, be transferred to the maximum allowable floor area for the entire "Community Commercial' designation, totalling 44,128 square metres (475,005 sq. ft.); and January 28, 2004 -4- Report No. PL04-003 4. that the requirement for an enclosed shopping centre on the subject lands be removed. The application to amend the Zoning By-law proposes the following: 1. that the C9 zone be deleted and that the C8 zone be applied to the entire property; 2. that the following permitted uses be transferred from the C9 zone to the C8 zone: "automotive parts and service, where accessory to retail uses" and "nursery and garden centres'; 3. that the gross leasable floor area be increased to 44,128 square metres, by combining the maximum areas permitted for the enclosed shopping centre and freestanding buildings in the C8 zone and the total floor area permitted in the C9 zone; 4. that the following setback provisions be applied: a 6 metre setback from public streets; a 10 metre setback from the Hydro Corridor; and a 3 metre setback from the southern property line; 5. that the requirement for an enclosed shopping centre be deleted; and, 6. that the permission for residential units in conjunction with the enclosed centre be deleted. It is noted that the applicant's total floor area of 44,128 square metres (475,005 sq. ft.) is for the entire "Community Commercial" designation, which includes the Home Depot site. The total floor area for the subject lands, if completely built out, would be 31,228 square metres (336,142 sq. ft.). The table below illustrates the floor area calculations currently approved and proposed: Currently Approved Proposed Community Commercial: Mor uard REIT 21,938 sq. m. 236,142 sq. ft. 31,228 sq. m. 336,142 sq. ft. Home DepotfTrinity 12,900 sq. m. 138,858 sq. ft. 12,900 sq, m. 138,858 sq. ft. Community Commercial (Total) 34,838 sq. m. (375,000 sq. ft.) 44,128 sq. m. (475,000 sq. ft.) campus Commercial (Total) 9,290 sq. m. (100,000 sq, ft.) NIL Total GFA 44,128 s . m. 475,000 sq. ft.)* 44,128 sq. m. 475,000 sq. ft.* * can be increased to 54,811 sq. m. (590,000 sq. ft.) subject to market/traffic studies F January 28, 2004 - 5 - Report No. PL04-003 The purpose of the above proposed amendments is to permit the construction of two (2) new buildings totalling approximately 11,111 square metres (119,606 sq. ft.) along the western edge of the site, one (1) 465.5 square metre (5,000 sq. ft.) building east of the Zellers building, and a 347.8 square metre (3,744 sq. ft.) expansion of Sobeys (Figures 4 & 5). Although the above noted technical elements of the applicant's proposal appear to be extensive, the primary purpose of the application is to complete the development,of the subject lands with the construction of two new buildings on the west side of site and one smaller new building on the east side of the site. In addition, Sobeys would be permitted to make a relatively small expansion to the existing store. If approved, the applicant would no longer be required to construct an enclosed mall on the subject lands. Deletion of Reauirement for Enclosed Mall The focal point of the Bayview-Wellington Centre Secondary Plan was to be an enclosed shopping centre, of which a large portion was to be constructed on the lands to the south, where the Home Depot building now exists. This regional shopping centre was never built and in early 2000, the Town hired John Winter Associates Limited to undertake a review of the options for the continued development of the Bayview Wellington Centre Community, including a review of the existing Official Plan/Zoning By-law designations and the impacts of removing the requirement for an enclosed mall. The Winter report included, amongst other components, a survey of shoppers, a survey of households, and a face to face survey in a Home Depot with similar locational characteristics. The Winter report concluded that the subject lands and the Home Depot site would never be developed for an enclosed mall for a variety of reasons, prime among them being changes in the retail market. The report's highest and strongest recommendation was that the enclosed mall requirement be eliminated. It was noted that the elimination of the enclosure requirement would help fix a "problem shopping centre" and given that no new enclosed shopping mall had been built in Ontario in the past decade, there was a low probability of attaining an enclosure on the subject lands. As a result of the recommendations of the Winter report, in December of 2001, Council approved Official Plan Amendment No. 41, which included the removal of the requirement for an enclosed shopping mall for the Home Depot lands. WOW January 28, 2004 - 6 - Report No. PL04-003 Given the above, Staff recommends that this requirement be removed for the subject lands as well and that the permission for residential units in conjunction with the enclosed mall be deleted. Transfer of Uses The applicant is not requesting any new uses for the subject lands; however, the applicant is requesting that "automotive parts and service, where accessory to retail uses" and "nursery and garden centres" uses be permitted across the entire site. There are no concerns with permitting "nursery and garden centers" throughout the site as there would be no negative impacts. It is important to note that the intent of the "automotive parts and service, where accessory to retail uses" use is to accommodate operations where the automotive service component is clearly accessory to a larger department store type facility (e.g. Sears Automotive, Wal*Mart Tire and Lube). In other words, the automotive service component must remain accessory to a retail function and not a retail component that is accessory to automotive service. Subject to maintaining the above intent, Staff is not opposed to this use being applied to the entire site. Gross Leasable Floor Area It is important to note that the applicant is not requesting additional gross leasable floor area for the overall site; but by merging the Campus Commercial policies with the Community Commercial policies, essentially there will be a transfer of unused floor_ area from the Campus Commercial zone to the Community Commercial zone. With the proposed expansion, Sobeys will be approximately 58,000 square feet. If the subject applications are not approved, the Owner could still build another 42,000 square feet of retail commercial floor space within the boundaries of the Campus Commercial zone. However, a much more favourable layout of the site would have the building located further to the south, within the Community Commercial zone. Given that the site has always been developed as one integrated site, with one site plan agreement, and given that there is no additional floor area being proposed, the request is appropriate and, without having any negative impacts, would increase the viability of the site. The applicant's request would create a total building coverage of 25.74% and, according to the preliminary concept plan, would have 122 excess parking spaces. kl000 January 28, 2004 - 7 - Report No. PL04-003 Setbacks The applicant has proposed the following setbacks: a 10.0 metre setback from the Hydro Corridor and a 3.0 metre setback from the southern property line. The current by-law provisions require a 3.0 metre setback from the Hydro Corridor, while there is no setback requirement for free standing buildings from the southern property line. The applicant is therefore proposing to increase the setback from the west lot line (Hydro Corridor) and Staff has no objections to this request, subject to the receipt of comments from Hydro One. With respect to the proposed setback of 3.0 metres to the southern property line, the applicant's proposed concept plan indicates that the closest building to the south property line is set back over 10 metres from property line and the existing Zellers building is slightly over 12 metres from the south property. Therefore, Staff recommends that the minimum setback to the south property line be 10.0 metres. Site Plan Matters In March of 1996, the Town of Aurora entered into a site plan agreement with the Owner that requires an enclosed mall to be constructed on the subject lands. The primary entrance to the mall was at the south-west corner of the site and included an entrance from the parking area and an entrance from the residential community to the west, off of what is now Civic Square Gate (Figure 7). This section of the mall was a key component in the integration of the residential and non- residential uses. The Secondary Plan states that this area is a "Community Core Area", which is an area of interface between the major residential and commercial and civic elements of the Bayview-Wellington Centre. The Community Core Area is to be centered around a public park or "civic square". The Secondary Plan requires "special consideration in the design of the retail mall to promote integration with the residential neighbourhood and adjacent civic and employment uses". If the current applications are approved, the site plan agreement must be amended. Through this amendment, Staff would seek to maintain the intent of the Secondary Plan by ensuring that a meaningful landscaped feature is created at the south-west corner of the site. This will include a high level architectural and landscaping feature that will be a focal point and main pedestrian gateway between the subject lands and the community to the west. January 28, 2004 - 8 - Report No. PL04-003 In addition, and as noted on the concept plan (Figure 5), the site plan amendment would ensure that the west end of the Zellers building is completed with face brick. Staff would also require the applicant to provide appropriate screening of the loading and garbage enclosure areas through the use of a brick screening wall, berming, and coniferous landscaping. 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 application; however, if this route is followed, Council should be cognizant of the Staff comments. CONCLUSIONS Although the applicant's request appears to be quite extensive, the primary purpose of the application is to complete the development of the subject lands with the construction of two new buildings on the west side of site and one smaller new building on the east side of the site. In addition, Sobeys would be permitted to make a relatively small expansion to the existing store. If approved, the applicant would no longer be required to construct an enclosed mall on the subject lands. With the exception of the proposed setback from the south property, the applicant's proposal is appropriate and should allow the Owner to complete the build -out of the site. There are details that could be resolved at the site plan stage. Therefore, Staff recommends that report PL04-003 be received and that Council determine its position with respect to the application, subject to public comments received 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 pursued to the extent possible in dealing with development applications. 0firm) . January 28, 2004 - 9 - Report No. PL04-003 ATTACHMENTS Figure 1 — Location Plan Figure 2 — Bayview Avenue (North) Corridor Figure 3 — Existing OP Designation Figure 4 — Existing Zoning Figure 5 — Preliminary Concept Plan Figure 6 — Building Elevations Figure 7 — Southwest Corner of the Existing Site Plan PRE -SUBMISSION REVIEW Management Team Meeting — January 21, 2004 Prepared by. Michael Mallette, Acting Manager of Planning (Development) Extension 4346 an ibert, M.C.1,A, R.P.P. Director of Planning LOCATION PLAN°no^4 APPLICANT: IVI®RGuaRD R.E.1.7. M3 SUBJECT LANDS FILES: D09-12-03 & D14-29-03 AURORA PLANNING DEPARTMENT FIGURE 1 Location Plan Map created by the Town of Aurora Planning Department, December 51h, 2003. Base data provided by York Region. n I 1 I' OF NEWMARK � • .ems' =noel hmlmmru on -� M III also no nln momm.I u►�` li uinu Room 1111111111111111 11/NI =� d8 50 =o ' f t � Illy � c�11111 11111 Ilti'k °SW:rI �► afill nnnnl=��', T _ unnnm �� mm�l �� � 1111 I IIIIII011111111 IIIIIIIIIIIIWIIIIIIIIIIIIII1RRr � Millio �II11111111111111111111111111 �� 0 RIIlnlllltlll�llll1llllppl =-�� -- w� 111111111 im o- p �� ��111°�nmmmmnluliniwinl lg ��nn vigil umom .'111hu11 � _ iilnm �� �Im iiiin�iiuil�i� n= BAYVIEW AVENUE (NORTH) CORRIDOR SUBJECT APPLICATIONS OMorguard R.E.I.T. D09-12-03 & D14-29-03 OBayview Business Park Inc. D14-31-03 OEV-TAZ Development Ltd. D09-15-03 & D14-34-03 ® St. John's Bay Land Company Ltd. D09-13-03 & D14-32-03 Legend — Municipal Boundary T—^ Hydro Line Existing Traffic Light 0 FutureTraffic Light ® Park River or Stream Floodplain xg, 15m Buffer Zone — Major Street ---- Minor Street - - Proposed Street Qo Traffic Circle Road Access ------- Proposed Road Access _] Existing Lot Proposed Lot Building Proposed Building Q Applicant Boundary )Proposed Boundary Leo, N Map created by the Town of Aurora gown of qv Planning Department, December ti-% o 18th, 2003. Map modified on �JIYI January 22nd, 2004. Base data 3at�i' provided by the Reglon of York. �„ k Building dimensions are 0'7�7" �� approximations and should not be used for exact measurements FIGURE 2 and/or calculations.