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Agenda - Special Council - 20041215ta TOWN OF AURORA PUBLIC PLANNING AGENDA N0.0438 WEDNESDIIr SECENBER 15, Y004 1:00 P.M. COUNCIL CNIIMMBElS MRONIITOWN BALL 6 PUBLIC RELEASE tet 10/12/04 TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 04-38 Wednesday, December 15, 2004 I DECLARATIONS OF INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda be approved as presented. 111 PLANNING APPLICATIONS IV READING OF BYLAWS RECOMMENDED: THAT the following listed by-law be given 1 st, 2nd and 3rd readings, and enacted: 4626-04.0 BEING A BY-LAW to (pg. 18) Confirm Actions by Council Resulting From This Meeting — December 15, 2004. V ADJOURNMENT AGENDA ITEM 1. PL04-133 - Official Plan & Zoning By-law Amendment (pg. 1) Applications Amourin Investments Limited & J-G Cordone Investments Limited Lots 123, 124, 125, 127 and Part of 122, Plan 246 15277, 15283, & 15291 Yonge Street and 10, 12 & 14 Centre Street File: D09-03-97, D14-16-97 RECOMMENDED: THAT staff report PL04-133 with respect to Official Plan and Zoning Bylaw Amendment application made by Amourin Investment Limited and J-G Cordone Investments Limited (Files D09-03-97 and D14-16-97), be received as information and that Council determine their position with respect to the application, subject to public comments received. PUBLIC PLANNING - DECEMBER 15, 2004 _ AGENDA ITEM # 'TOWN OF AURORA PLANNING REPORT No. PL04-133 SUBJECT: Official Plan & Zoning By-law Amendment Applications Amourin Investments Limited & J-G Cordone Investments Limited Lots 123, 124, 125, 127 and Part of 122, Plan 246 15277, 15283, & 15291 Yonge Street and 10, 12 & 14 Centre Street File: D09-03-97, D14-16-97 FROM: Susan Seibert, Director of Planning DATE: December 15. 2004 RECOMMENDATIONS THAT staff report PL04-133 with respect to Official Plan and Zoning Bylaw Amendment application made by Amourin Investment Limited and J-G Cordone Investments Limited (Files: D09-03-97 and D14-16-97), be received as information and that Council determine their position with respect to the application, subject to public comments received. BACKGROUND Location/Land Use: The subject lands incorporate a total of six properties located at the northeast corner of Yonge Street and Centre Street (see Figure 1). The properties have a combined frontage of approx. 56m on the east side of Yonge St. and a flankage of aprox. 65m on the north side of Centre Street with a total lot area of 3,583m2 (0.87 acres) A retail commercial building currently exists at the immediate corner of the Yonge and Centre intersection (15277 Yonge Street) with associated on site parking. The remainder of the lands are vacant, have been cleared of debris and are fenced for security purposes. The lands slope towards the north east corner (rear) of the site. Official Plan: The lands are located within the Historic Core - Community Commercial Centre designation of the Official Plan and are also included within a Heritage Resource designation per Schedule C of the Official Plan. —1— PUBLIC PLANNING — DECEMBER 15, 2004 December 15, 2004 -2- Report No. PL04-133 The Historic Core Area Community Commercial designation encourages both commercial and residential intensification with residential (and office uses) located above ground floor commercial. Building heights are to be generally between two (2) and three (3) storeys at the street fagade and limited to five (5) storeys. The Official Plan also outlines design guidelines to address the built form of the Historic Core. The subject Official Plan amendment application would permit an increase in building height at the street fagade from 3 storeys to 4 storeys and an increase in maximum building height for the Yonge Street portion of the building from 5 storeys to six storeys. Zoning By-law: The lands are currently zoned "Central Commercial (C2) Zone" by Town of Aurora Zoning Bylaw 2213-78, allows commercial and residential uses but amendments are required to permit the scale of the proposed development. Surrounding Uses: To the North: Residential uses facing Yonge Street and Catherine Avenue South: Yonge Street commercial East: Residential uses facing Centre Street West: Yonge Street commercial. Application Background: On March 261998, a Special Public Planning Meeting was held by Council to considerthe subject Official Plan and Rezoning amendments to allow the redevelopment of the lands for a seven (7) storey multi -use building having 400 m2 (4,400 ft2) of commercial space on the ground floor and additional storeys consisting of seventy-two (72) residential units. The balance of the building and site was made up of a parking garage and surface parking to accommodate a total of 126 spaces. At that meeting Council resolved: "THAT additional information be completed in conjunction with the resubmission of revised plans in keeping with Official Plan policies to the satisfaction of the municipality; THAT a report providing a full analysis of the application be forwarded to Council for a full review; and THAT an additional public meeting be scheduled to consider the revisions to the proposal and the issues raised at the meeting including water flow and height of the building." Staff and the applicant subsequently met in an attempt to address a number of the site development and planning issues, and on February 23, 2000 Council held a second public —2— PUBLIC PLANNING — DECEMBER 15, 2004 December 15, 2004 - 3 - Report No. PL04-133 meeting which was attended by a number of residents and the following Resolution was approved by Council "THAT Council approve, in principle, the Official Plan and Zoning Bylaw Amendment applications, as submitted by Amourin Investments Limited & J-G Cordone Investments Limited (Files: D09-03-97 &D14-16-97); THAT the enactment of the implementing zoning bylaw be subject to the processing of a site plan agreement , taking into consideration the applicable issues and recommended design changes as set forth in Planning Report PL00-022, including such factors as shadow cast impacts and the provision of amenity space; and THAT the applicants retain an urban design consultant, at their expense, to address the relevant design issues and concerns and that LACAC be given an opportunity to review and comment on the design and scale of the proposed development; and THAT Planning staff report back to Council at such time as all relevant issues have been addressed." The Town retained the services of John Williams Architect to conduct a peer review of the development plans, and revised plans were prepared by the owners architect to respond to and address the comments of Mr. Williams peer review. On August 22, 2001 staff sent a letter to the applicant noting that the application had been inactive for an extended period of time and that the Town will close the subject files unless suitably advised as to the status of the development application. The owner responded by requesting more time to finalize the issues of the development application. The owner subsequently suspended further process of their applications, due to market conditions, and the file was held in abeyance. On Aug 27, 2004 the applicant submitted a letter requesting that the subject Official Plan and Rezoning land use proposal be considered for final approval. Staff advised the owner that based on the February 2000 Council direction the subject Official Plan and Rezoning applications would require further consideration by Council, and as the proposal appeared before Council at a public meeting over three and a half years ago (February 2000) it would be appropriate to have the matter rescheduled for a public meeting to receive public input. The applicant has acknowledged the time frames since the previous submission and the intervening time lag between planning review and as such the matter was scheduled before a public meeting as a presentation of the proposal. On October 12, 2004 Council considered staff report PL04-114 to schedule the public meeting and Council passed the following resolution: "That staff report PL04-114 be received as information with respect to Official Plan and Zoning Bylaw Amendment application made by Amourin Investment Limited —3— PUBLIC PLANNING — DECEMBER 15, 2004 December 15, 2004 - 4 - Report No. PL04-133 and J-G Cordone Investments Limited (Files: D09-03-97 and D14-16-97), scheduled for the November 24, 2004 Public Planning Meeting." The applicant did not submit the necessary plans and reports to the Town in time for the November 24 meeting, and as such a formal notice of public meeting was not advertised. On November 17 the owner provided the required information to allow staff to circulate the application for comments and the signage, advertisement and mailings for the public meeting date were set for this evenings meeting. PROPOSAL The applications as submitted by the Owners propose to; a) amend the provisions of the Community Commercial Centre Official Plan designation as it applies to maximum building heights. b) to rezone the lands from "Central Commercial (C2) Zone" to a site specific "Central Commercial (C2) Exception Zone" to allow the development as proposed on the submitted concept plans. c) as part of the applications the owner has also requested that servicing allocation be allotted to the subject development from the downtown Core reserve. The proposed land use amendments would allow the ownerto develop a building of six (6) storeys in height along the Yonge Street fagade and five (5) storeys along Centre Street. The site is to be used as a mixed -use development incorporating approx. 924 m2 (9950 ft2) of commercial floor area on the ground floor, and the upper floors accommodating fifty- eight (58) residential apartment units. (Note: The applicants submission considered by Council at the October 12, 2004 Council meeting proposed sixty-five (65) residential units, 400m2 (4200 sq.ft.) gfa of commercial floor area, 126 parking spaces and an common amenity area of 500m2 (5,382 sq. ft). As such the applicant's most recent plan reduces the residential units by seven (7), increases the commercial gfa by 524m2, reduces the total parking spaces by 22 and reduces the common indoor amenity space by 163m2.) The building is proposed to be situated abutting both the Yonge and Centre Street road allowances, with a corner tower feature as the building focus. The building is tiered (or setback) above the second and fourth floors fronting on Yonge Street and above the third floor facing Centre Street. The Yonge Street commercial is proposed as ground floor street access with an associated second floor mezzanine forming part of each commercial unit. A total of 104 parking spaces are proposed on two separate levels. (see Figures 2-9 for conceptual site plan and building elevation design). The development proposes a building and parking lot coverage of 89 % of the total lot area. Parking will be located within underground parking and on the surface of the parking deck behind the building. Access to the 69 space underground parking garage is to be provided ME PUBLIC PLANNING — DECEMBER 15, 2004 December 15, 2004 -5- Report No. PL04-133 from Yonge Street at the north end of the site, and the entrance to the 35 space above - grade parking area and passenger drop off zone is to be accessed from Centre Street. The parking garage structure is proposed approx. 3m setback from the nearest point of north property line and approx. 1.4m setback from the nearest point of the easterly property line. These strips of land will be used for landscaped buffering. The applicants propose to incorporate a 340 m2 (3660 ft2) internal amenity space within the building plus an additional area of private amenity space (i.e. balconies) where provided. Exceptions requested to the C2 Zone standards include the following: 1. The current provisions of the by-law permit a maximum building height of three stories, however, five stories may be permitted provided the fourth and fifth stories are set back a minimum 3.0 m (9.8 ft) from the main and exterior side walls of the third storey. The applicants are proposing a six storey building that is stepped back from Yonge Street only beyond the third floor. 2. An increase in the permitted amount of residential floor area within a commercial zone from 50% to approximately 90%; 3. A reduction in the amenity space required per dwelling unit from 18.0 m2 (193.0 ft2) to an indoor combined total of 337m2 plus the individual unit balconies (where provided); 4. A reduction in the amount of required parking from 129 to 104 spaces, and a reduction in the min. parking aisle width requirements in certain areas from from 7.4m to 6.0m. 5. A reduction in the minimum rear yard setback from 7.5 m (24.6 ft) to 1.4 m (4.6ft); 6. A reduction in the minimum daylighting triangle dimension from 6.0 m (19.8 ft) to 3.0 m (9.8 ft) It is noted that additional bylaw exceptions may be required following review and possible modifications to the more detailed development plans. COMMENTS Departmental and Agency comments: On November 18, 2004 the current submission was circulated to external agencies and internal departments for comment. In addition a Traffic Impact Report (Lea Consulting . Ltd., November 17, 2004) and functional servicing report (Marshall Macklin Mohaghan, November 29, 2004) has been submitted to allow a more detailed review of some of the more critical components of the application. It should be noted that some of the comments received had no objection to the land use amendments, but requested the opportunity to review and comment on the design details of the future site plan application. It is noted —5— PUBLIC PLANNING — DECEMBER 15, 2004 December 15, 2004 - 6 - Report No. PL04-133 that comments from the Region of York have not yet been provided. Comments received as of the date of the preparation of this report are summarized as follows: Public Works: Reduction in required parking would be a concern and insufficient information to support parking space reduction provided. The traffic report and functional servicing report are under review and comment will be provided. Public Works staff recommend that a 2.5m road widening and a 5mx5m sight triangle be conveyed to the Town (under site plan approval). A 375mm storm sewer currently traverses the site and must either be maintained or realigned. Other details will be evaluated as part of a site plan submission. Building Department: Noted that exceptions are required to the current C2 zone provisions (as noted under Proposal section of this report). Screening of the parking deck is recommended to prevent disturbance of adjacent residential uses, soil testing will be required prior to development to determine the potential of underground water and municipal services on the site, vehicular and pedestrian sight lines within the parking garage will have to be further evaluated, the lack of amenity area proposed for the site is of concern, final Building Code compliance may affect the applicant's proposed exterior building design possibly necessitating alterations to building aesthetics. If the land use applications are approved by Council, the Building Dept. will review the proposed bylaw amendment text prior to enactment. Central York Fire Services: Require a site servicing plan in order to provide detailed comment, access to the rear parking area appears very limited and may be of concern. Leisure Services Department: No objection in principle to the development, cash in lieu of parkland will be required in accordance with Town policy, more detailed landscape design information will be required as part of the site plan review including; landscape buffering of east and north elevations, coordination of sidewalk grades, and Yonge Street streetscape enhancements. Economic Development Officer: In support of proposal, location of mixed use building is appropriate and layout is compatible with surrounding uses. Additional retail will add to the overall retail/ commercial mix of the area. York Region District School Board and Aurora Hydro Connections Limited have no objections. It is noted that one letter of opposition has been received from a landowner at 65 Spruce Street due to the increase in density allowed. Planning Considerations: , The subject application has been considered at two previous Council public meetings. The current public meeting is considered necessary based on Council's past direction on the application and the intervening time period since last considered at a public meeting. From PUBLIC PLANNING — DECEMBER 15, 2004 December 15, 2004 - 7 Report No. PL04-133 a fundamental land use perspective the applicant's plans are essentially similar to the previously considered land use proposal. The applicant's most recent plans have been modified and improved in detail to the conceptual plans considered by Council on October 12, 2004. The current architectural plans are in a relatively advanced state of preparation and are more pronounced in that they include architectural articulation to respond to comments provided at the previous public meeting and comments provided at that time by the Town's peer review consultant. John Williams Arch. has provided comments to the current submission and notes that the plans propose a traditionally based architectural character and comments are provided to building detailing to improve the overall appearance of the development. Staff consider these comments as primarily site plan details. Of note, however, is the peer consultant's recommendation to provide window and architectural treatment consistent with the rest of the building to the most northerly building face which currently shows as a blank wall. It is noted that Council would have the opportunity to review the site plan application at a future time which would address these sorts of design elements. The Official Plan outlines a series of policies that have been designed to assist staff and Council in the review of redevelopment proposals for the historic core area. Major policy directives include the following: •Encouraging infilling and redevelopment projects compatible in design, style, scale and function with the surrounding built environment. Commercial uses on the ground floor with mixed residential/office uses in the upper storeys, offering a variety of tenures and price ranges. • Safe and accessible grade related parking for the commercial component. • Direct street access to commercial establishments. High standards in architectural facade treatments, incorporating display windows and awnings to shelter pedestrians, and in keeping with the surrounding built environment. *Appropriate site plan measures dealing with issues such as garbage collection, lighting, pedestrian routes, buffer treatments and building design to mitigate the effects of any development on neighbouring properties. Buildings heights generally between two and three storeys at the street facade, stepping back to a maximum of five storeys. It is noted that at its February 2000 meeting, Council supported the application in principle subject to a number of planning and design issues being addressed. With the exception to the specifics of the maximum building height policy, the proposal for a mixed -use development with ground floor commercial and residential development above is —7— PUBLIC PLANNING — DECEMBER 15, 2004 December 15. 2004 - 8 - Report No. PL04-133 considered to fully conform to the Town's Core Area Official Plan development policies. In this regard it is noted that the Official Plan speaks to a (building) height limitation of 5 storeys and "building heights "generally" between 2 and 3 storeys at the street fagade. The subject proposal adds one additional storey at the Yonge Street fagade and also onto the overall height. This is partially due to the grades of the property as the Centre Street fagade complies with the five storey height limit. The overall site design and specifically the proportions of the proposed elevation plans are considered to address the general streetscape urban design principles of the Official Plan by providing a street edge pedestrian environment and building scale which would be compatible with the Town's Core area development initiatives. The concept plan is also considered to be sensitive to the scale and character of the adjacent residential neighborhood by providing building setbacks, landscaping and appropriate building detailing in the rear and side yard areas of the site. The owner is also seeking approval of the subject application to have sewer and water allocation assigned to the proposal as part of the 200 residential unit allocation which Council has reserved for the Aurora downtown core. There is currently a series of applications before Council with the Core Area seeking servicing allocation the total of which are nearing the 200 unit reserve. It is noted that Council policy provides that if applications that have been granted sewage allocation but have not proceeded to develop the sewage capacity allocation may be withdrawn by Council. Transportation and Parking: It is noted that the Public Works Dept and the Region of York have not yet been able to review and prepare comments to the applicants Traffic Report. Traffic on Centre Street continues to be a concern for residents and the function of the access from the site onto Centre and Yonge Streets will have to be evaluated in detail prior to reporting to Council on the development application. The Public Works Dept. require a 2.5m road widening on Center Street and a 5m x 5m sight triangle at the Centre and Yonge intersection. This will have an impact on the current layout of the development proposal however itwould appear that modifications could be made to the plan including `sliding' the building footprint to the north. This will have to be examined in greater detail to ensure that this form of a modification would not have a major impact on the land use application, or the interface between the subject development and the existing residential neighbourhood to the north. In particular staff would want to ensure that an adequate level of screening, landscaping and or building articulation be provided adjacent to abutting properties. The applicant's plans propose a total of 104 parking spaces on two levels; 69 on the lower level accessing to Yonge Street, and 35 `at grade' spaces accessing onto Centre Street. The applicant proposes to allocate the lower level spaces to the residents of the building and the grade level parking to the retail commercial and visitor parking. The current requirements of the Town's bylaw require 1.5 parking spaces per residential unit (58 x 1.5 = 87 spaces ) and 4.5 spaces/ 100m2 for retail uses within the Central Business District (4.5 x 924m2 = 42 spaces, totaling a requirement of 129 on site parking spaces (20% of I PUBLIC PLANNING — DECEMBER 15, 2004 December 15, 2004 - 9 - Report No. PL04-133 which is to be devoted to visitor parking). The applicant's plan proposes 104 spaces. The subject plan therefore has a parking shortfall of 25 spaces. The site is located within the Aurora Core which provides a wide range of commercial needs for residents, and is served by direct access to GO transit on Yonge Street. However staff are of the opinion that a detailed assessment of the parking shortage has not been adequately addressed by the applicant and this matter will require further review prior to reporting to a future Council meeting on the OPA and Rezoning applications. OPTIONS At the Public Planning Meeting, Council has the option of approving the applications in principle, subject to the resolution of outstanding issues. They also have the option of resolving that the applications be brought back to a further public meeting upon resolution of the major outstanding issues, or they have the option of denying the applications outright. Should Council find merit in the application it may wish to recommend approval of the Official Plan and Rezoning applications in principle and prior to Council adoption of the Official Plan Amendment that the owner consider comments provided at the public meeting and also address: site design revisions related to the dedication requirements of a 2.5m Centre Street road widening and 5m x 5m intersection sight triangle, parking space deficiency, traffic report and functional servicing issues which may arise as a result of staff comments to those reports, and building elevation revisions per the peer review comments. The zoning bylaw should proceed to a subsequent Council meeting for approval following the submission and comments to a formal site plan application. This will ensure site plan compliance with the Towns development standards and dentify the applicable exceptions required to the C2 zoning standards. CONCLUSIONS The subject Official Plan and Rezoning applications were submitted in 1998 and have not proceeded to final approval. The owner is now asking that the development proposal to allow a six (6) storey mixed use commercial and residential development be allowed to proceed. The subject site is located at a strategic downtown core corner location and thorough review of the planning and design issues are critical to ensure that the development proposal meets the core area objectives of the Official Plan, and is compatible with the abutting residential neighbourhood. This application was last considered by Council in February 2000, and as such a public meeting to reconsider this application and receive public input is scheduled for this evening. Should Council determine there is merit in the subject applications, it is recommended that the approval of the Official Plan Amendment be subject to the public comments received. It is further recommended that approval of the Implementing Zoning By-law be subject to the review of at least the first site plan submission. This would allow for a more detailed review of the proposed development and would ensure the properfunction of the site and its compliance with an Implementing By-law. —9— PUBLIC PLANNING — DECEMBER 15, 2004 December 15, 2004 - 10 - Report No. PL04-133 FINANCIAL IMPLICATIONS Should the development proceed, Development Charges, various fees and ultimately commercial and residential assessment would be generated. LINK TO STRATEGIC PLAN The Strategic Plan has goals of attracting new business and employment opportunities while ensuring that growth is well planned and moderate. The continued processing of the subject applications, while having regard for all issues involved, will assist in furthering these goals. ATTACHMENTS Figure 1 - Location Plan Figure 2 — Conceptual Site Plan Figure 3-Conceptual Yonge Street Parking level plan Figure 4-Conceptual Centre Street Parking level plan Figure 5- Conceptual upper level floor plan Figure '6— Conceptual West and North Building Elevations Figure 7 — Conceptual East and South Building Elevations PRE -SUBMISSION REVIEW Management Team Meeting- December 8, 2004 Prepared by: Glen Letman, Manager of Development Planning Extension 4346 u S r ert MCIP, RPP Director of Planning —10— O ------------N �S s��alVl r W ml yl LL a a 2 m m a m y m 41 L c 0 o }aaa�s Gonads r N o W 0 0 o 0 rz Qi +-+ LV W 2 - g L m � o N Q vJ N R ti\ L O O O H o LV Q 30NpA J Z W a W N Z o 2 W W m U J ^^ CL � W Q?zeodo Z OO v W N Z z W U O W Lu O_Zm a.0 z a. V paw - oa. CliWP J ¢ LL F f3 � �j �ggia lxa�ae� d3a 34� A�� ?i�4 i¢Q ��•&�g u � C u i & � �• !dL i u i.,. i.. i ea:a ..s 9�99i •�R ��i � � ��lk� u, �g AA9•E eg� q$ � @ � @ O o Ay .3`� . 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