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Agenda - Special Council - 20060927Spare PUBLIC PLANNING AGENDA NO.06-26 WEDNESDAY SEPTEMBER 21, 2006 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE 22/09/06 TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 06-26 Wednesday, September 27, 2006 7.00 p.m. I DECLARATIONS OF INTEREST II APPROVAL OFAGENDA RECOMMENDED: THAT the content of the Agenda be approved as presented. III PLANNING APPLICATIONS IV READING OF BYLAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4861-06.0 BEING A BY-LAW to Confirm Actions by Council Resulting From This Meeting - Wednesday, September 27 2006. V ADJOURNMENT pg. 30 Aurora Special Council — Public Planning Agenda No. 06-26 Page 2 Wednesday, September 27, 2006 AGENDA ITEMS 1. PL06-116 - Applications to Amend the Official Plan and pg. 1 Zoning By-law 2213-78, as Amended Loblaw Properties Ltd. 15900 Bayview Avenue Files D09-04-06 and D14-12-06 RECOMMENDED: THAT Council and Staff receive public comments respecting the Applications to Amend the Official Plan and Zoning By-law (Files D09-04- 06 and D14-12-06); and THAT Council direct Staff to report back to Council with a recommendation for the subject applications, taking into account public comments received, and after a peer review of the parking demand study has been conducted. 2. PL06-117 - Zoning By-law Amendment Application pg. 19 2091585 Ontario Inc. 15565 Yonge Street Part of Lot 90, Registered Plan 246 File D14-08-06 RECOMMENDED: THAT Report PL06-117 be received as information and that Council determine their position with respect to the application, subject to public comments received. PLANNING — SEPTEMBER 27, 2006 TOWN OF AURORA PUBLIC PLANNING REPORT No. PL06-116 SUBJECT: Applications to Amend the Official Plan and Zoning By-law 2213-78, as Amended Loblaw Properties Ltd. 15900 Bayview Avenue Files: D09-04-06, D14-12-06 FROM: Sue Seibert, Director of Planning and Development Services DATE: September 27, 2006 RECOMMENDATION THAT Council and Staff receive public comments respecting the Applications to Amend the Official Plan and Zoning By-law (Files: D09-04-06, D14-12-06); and THAT Council direct Staff to report back to Council with a recommendation for the subject applications, taking into account public comments received, and after a peer review of the parking demand study has been conducted. BACKGROUND Location As illustrated on Figure 1, the subject lands are located west of Bayview Avenue, to the south of St. John's Sideroad, on the east side of Earl Stewart Drive, and is to the north of the LCBO that is currently under construction. The lands are municipally known as 15900 Bayview Avenue. The property has extensive frontage on the three roadways noted above, and contains an area of approximately 4.64ha (11.5ac). Surrounding Land Uses To the North: Residential East: Residential South: Commercial West: Industrial Official Plan The subject property is designated as "Community Commercial Centre Special", by the —1— PLANNING — SEPTEMBER 27, 2006 September 27, 2006 - 2 - Report No. PL06-0116 site specific Official Plan Amendment #25. Site specific policies pertaining to the subject lands are as follows: ■ The use of the lands shall be developed for a retail supermarket; ■ The maximum permitted retail gross floor area (GFA) shall be 7,580m2 (81,590ft); ■ A mezzanine may be permitted, and shall include non -retail uses, such as offices, community meeting rooms with kitchen facilities, seating and rest areas, a photo lab, supply, mechanical and storage rooms and public washroom facilities; Zoning By-law The subject property is zoned "Campus Commercial (C9-1) Exception Zone" by the Town of Aurora Zoning By-law 2213-78, as amended. The by-law requires that the subject lands only be used for a supermarket. Additional site specific provisions of note are as follows: ■ Maximum permitted retail GFA = 7,580m2 (81,590ft2) ■ Parking: 5.5 parking spaces per 100m2 of retail floor area; 3.3 spaces per 90m2 of mezzanine floor area, and 1 space per 90m2 for all other floor area. ■ Loading Bays shall be located such that they do not directly face Bayview Avenue. Minor Variance Approvals D13(76-79)-03 The following minor variances were granted on November 13, 2003: D13-76-03 a fitness centre with child care facility was added as an additional permitted uses on the mezzanine; D13-77-03 a juice/coffee bar was added as an added 'retail' permitted use on the mezzanine; D13-78-03 a medical office use was added as an added permitted use on the ground floor; and D13-79-03 permitted a maximum width of 25m (82ft) for ingress and egress for all access ramps onto Earl Stewart Drive. PROPOSAL (Figures 2&4) The applicant proposes to expand the existing supermarket by approximately 4258m2 (45,832ft2). The expansion would result in the supermarket having the following floor areas, which have been categorized by use: —2— PLANNING — SEPTEMBER 27, 2006 September 27, 2006 - 3 - Report No. PL06-0116 Use m2 ft2 Food and Food Prep Area 5,852 62,994 Retail and Service Area 6,174 66,457 Other (storage, stairs, electrical rooms, etc.) 3,884 41,807 TOTAL 15,910 171,258 The necessary Official Plan and Zoning By-law amendments required to facilitate the subject proposal are as follows: Official Plan Amendment Increase permitted retail GFA from 7,580m2 (81,590ft2) to 11,575m2 (124,591ft); Permit a juice/coffee bar and a medical clinic as permitted uses on the mezzanine. (Please note the juice/coffee bar use is already a permitted use as per minor variance D13-79-03. This section of the OPA is considered by the applicant to be a matter of 'housekeeping'.) Zoning By-law Amendment ■ Increase permitted retail GFA from 7,580m2 (81,59oft) to 11,575m2 (124,591ft2); ■ Include approved minor variances D13(76-79)-03 into the amended zone (housekeeping); ■ Include a medical clinic as a permitted use on the mezzanine; ■ Loading bays to be permitted adjacent to Bayview Avenue where approved by a site plan; ■ Reduce the on -site parking requirement by 180 spaces. The applicant has calculated that 684 parking spaces are required to be supplied on -site given the proposed expansion, thus proposes to revise the site specific parking standard to implement a minimum of 504 spaces. A parking supply of 504 spaces translates into a parking demand ratio of 3.17 spaces per 100m2 irrespective of the interior uses. COMMENTS Planning Department Market Conditions The Town of Aurora strives to achieve a strong diversified competitive economy that is, in part, facilitated and reflected by its land use policies and zoning provisions. Given this objective, a peer review of the applicant supplied market demand and impact analysis, prepared by Kircher Research Associates Ltd. (KRA), was conducted by Scott —3— PLANNING — SEPTEMBER 27, 200.6 September 27, 2006 - 4 - Re"ort No. PL06-0116 Morgan & Associates Limited. The intent of obtaining said peer review was to have an objective industry experienced consultant examine whether the proposed Real Canadian Super Store (RCSS) expansion would significantly disturb the existing, and projected, planned function of other community commercial centres. A severe competitive market imbalance, resulting from having a supply that is significantly greater than demand, could undermine the existing planned operation of other community commercial centres. Creating such an imbalance between community commercial centres could alter long established traffic flow patterns within the community, and could ultimately alter the diversified economic complexion of the Town. Scott Morgan concluded that the proposed RCSS expansion is fully justified given the findings of the KRA market study. In addition, Mr. Morgan states concludes that, "...the potential. sales impacts of the proposed expansion of the RCSS are moderate, and that the expansion is warranted in terms, of market growth and will not generate sales transfers beyond those anticipated in normal competitive realignments as a result of the incremental introduction of new space." It is noted that the peer review accounted for the recently approved Rice/Trinity application located at the northwest corner of Bayview Avenue and Wellington Street East. Given the above, Staff are of the opinion that the subject OPA and ZBA applications -' support municipal objectives of having a strong diversified competitive economy within the Town of Aurora. Parking Availability The proposed expansion would have a parking supply deficit of 180 spaces given the .existing site specific parking standards. Staff met with the applicant to discuss this significant parking shortfall. At this meeting, the applicant contended that the predicted by-law parking shortfall does not accurately project post -development parking demand, and that the proposed on -site parking supply of 504 spaces would be adequate. The applicant did note; however, that parking supply would be problematic in the presence of the annual garden centre, which traditionally occupies 74 parking spaces. It was then requested that Staff suggest issues that should be addressed in a revised parking study, which would have the purpose of more accurately predicting on -site parking demand. Staff communicated to the applicant that the basis of establishing a new parking demand rate for food stores that have significant retail components should consist of, in part, existing & projected population growth within the identified trade areas (Figure 3), together with existing & projected competitive market conditions. Items that were considered in the KRA market study analysis. Variables such as market competition, purchasing habits, average personal disposable income, and physical geography, can ' —4— PLANNING — SEPTEMBER 27, 2006 September 27, 2006 - 5 - Report No. PL06-0116 all be components of a consumers' decision to choose one market competitor over another when purchasing similarly offered goods. By conducting parking demand surveys in communities that that have a similar demographic and socioeconomic composition to that of what the Town of Aurora is projected to be, Staff are able to obtain a better grasp of what would constitute and acceptable, and supportive, new parking standard that is based on consumer decisions in other similar markets. Given Staff comments, the applicant undertook a parking study in seven (7) different mature communities in Ontario that consisted of analyzing: 1. peak parking demand of large format stores located within mature markets (a measure of observed demand); 2. net available square feet of retail space per capita (a measure of the competitive environment in which the store operates); 3. average sales per customer by store size (an indication of the temporal profile of trip making for food); and 4. parking dwell time (an observed measure of the time an individual parking space is occupied). It is noted that all of the stores that were surveyed were Loblaw stores. The end results illustrate that the maximum observed parking demand ratio of the seven (7) surveyed communities was 3.09/100m2, which occurred in Mississauga. It is noted that the Mississauga store is considered by the applicant to operate within a less competitive market than that of the projected Aurora market. Hence, theoretically if competition increased in this area of Mississauga, the above noted demand ratio would decrease on the same day the parking demand survey was taken. The subject application would represent an overall parking supply ratio of 3.17/100m2 given the size of the store expansion. Therefore, the parking study provides support for the subject application as the proposed parking supply ratio of 3.17/100m2 is higher than the maximum observed parking demand ratio of 3.09/100m2, that was observed in the seven (7) surveyed communities. However, please note that the 3.17/100m2 supply ratio excludes the operation of the seasonal garden centre, which if calculated, would result in a parking supply ratio of 2.70/100m2. Although Staff do see some merit in the parking study methodology, there are still concerns in supporting such a drastic reduction in parking standards on a site specific basis and without the input of a parking study peer review. As such, Staff reserve judgement until such time as a peer review is conducted on the parking analysis that addresses the site specific request. —5— PLANNING — SEPTEMBER 27, 2006 September 27, 2006 - 6 - Report No. PL06-0116 Site Plan A site plan amendment is required to be submitted and processed in order to conduct the proposed works. Planning Staff acknowledge the resolution by Council pertaining to the subject lands from July 11, 2006 which states, "THAT the Property Manger of the Real Canadian Superstore in Aurora be requested to install accessible doors in the medical clinic, on behalf of the Aurora Accessibility Advisory Committee." Staff will work with the applicant through the site plan process to improve pedestrian accessibility to the building. Other Departments and Agencies The Public Works, Leisure Services, and Economic Development Departments' have no objection to the proposed OPA and ZBA and confirm' that a site plan application is required prior to proceeding with the proposed development. The Building Department has no objection to the subject applications; however, have recommended slight changes in the formatting of the proposed implementing zoning by-law. Powerstream has also communicated that they have no objections to the subject amendments. PROVINCIAL POLICY STATEMENT The proposal is consistent with the policies of the 2005 Provincial Policy Statement. SERVICING ALLOCATION N/A FINANCIAL IMPLICATIONS Development charges and other associated development fees will be generated as a result of the subject development proposal. 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. The processing of the proposed development through the official plan amendment, rezoning, and site plan process, will facilitate this objective. OPTIONS At the Public Planning Meeting, taking into consideration comments from staff and U PLANNING — SEPTEMBER 27, 2006 September 27,.2006 - 7 - Report No. PL06-0116 residents, Council has the option of approving the applications in principle, subject to the resolution of outstanding issues. They also have the option of resolving that the application is brought back to Council, or a further public meeting, upon resolution of the major outstanding issues, or they have the option of denying the applications outright. CONCLUSIONS Applications have been submitted to amend the Official Plan and Zoning By-law pertaining to the subject lands. Although the applications are supported in terms of market growth, Staff have concerns as to the adequacy of on -site parking supply, particularly when considering the construction of the seasonal garden centre. As such, it is recommended that Council direct staff to report back to Council with a recommendation for the subject applications, taking into account public comments received, and after a peer review of the parking demand study has been completed. ATTACHMENTS Figure 1 — Location Plan Figure 2 — Conceptual Site Plan Figure 3 — Trade Area Figure 4 — Conceptual Elevations APPENDICES Appendix 1 — Draft OPA PRE -SUBMISSION REVIEW Management Team Meeting — September 20, 2006 Prepared by: Andrew Harper, B.E.S., Planner Extension 4349 Seibert, M.CJ.P., R.P.P. ;tor of Planning and Development Services John S. Rogers C.A.O —7— Isaacson C Dr LOCATION PLAN OWNER: LOBLAW PROPERTIES LTD. FILES: D09-04-06 & D14-12-06 AURORA PLANNING & DEVELOPMENT SERVICES DATE: SEPTEMBER 27TH, 2006 z ST. 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Tj S z x�l � t, 6--�_C°tsl "� ... � e � f ; Secondary Zone _r. i�' i� W ' NIJ Whitchurch- +-Iinr� Lax' ell (.c j £r E'er �# r d StouFFville 8. pil a.e,� '•�� Iq a✓� Iry � , � �'5'� � >• � �� +' `e. r _ II . I �. "... Srb ,,., �IIcF�i��5�,�9 �1.; a,L��� a" Secondary Zone v Qb a E¢ Aurora , �, "P`A+ 7 � REAL CANADIAN SUPERSTORE AURORA f- ' p TRADE AREA f Site Primary Zone Boundary -- - - - Trade Area Boundary -10-