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Agenda - Committee of Adjustment - 20250213Town of Aurora Committee of Adjustment Meeting Agenda Date:Thursday, February 13, 2025 Time:7 p.m. Location:Video Conference Meetings are available to the public via live stream on the Town’s YouTube channel. To participate electronically, please visit aurora.ca/participation. Pages 1.Call to Order 1.1 Appointment of Committee Chair 1.2 Appointment of Vice-Committee Chair 2.Land Acknowledgement 3.Approval of the Agenda That the Agenda as circulated by the Secretary-Treasurer be approved. 4.Declarations of Pecuniary Interest and General Nature Thereof 5.Receipt of the Minutes 5.1 Committee of Adjustment Meeting Minutes of January 9, 2025 , Meeting Number 25-01 1 That the Committee of Adjustment Minutes from Meeting Number 25-01 be adopted as printed and circulated. 6.Presentation of Applications 6.1 C-2024-07 - Hunzach Holdings Inc. - 24 Desjardins Way 6 7.New Business 8.Adjournment 1 Town of Aurora Committee of Adjustment Meeting Minutes Date: Time: Location: Thursday, January 9, 2025 7 p.m. Video Conference Committee Members: David Mhango (Chair) Chris Polsinelli Jane Stevenson (Vice Chair) Michael Visconti Julian Yang Other Attendees: Antonio Greco, Planner Peter Fan, Secretary-Treasurer, Committee of Adjustment _____________________________________________________________________ 1. Call to Order That the be called to order at 7:03PM 2. Land Acknowledgement The Town of Aurora acknowledges that the Anishinaabe (A-nishshaw-na-bee) lands on which we live, and work are the traditional and treaty territory of the Chippewas of Georgina Island, as well as many other Nations whose presence here continues to this day. As the closest First Nation community to Aurora, we recognize the special relationship the Chippewas have with the lands and waters of this territory. They are the water protectors and environmental stewards of these lands, and as a municipality we join them in these responsibilities. We further acknowledge that Aurora is part of the treaty lands of the Mississaugas and Chippewas, recognized through Treaty #13 as well as the Page 1 of 13 2 Williams Treaties of 1923. A shared understanding of the rich cultural heritage that has existed for centuries, and how our collective past brought us to where we are today, will help us walk together into a better future. 3. Approval of the Agenda Moved by Jane Stevenson Seconded by Julian Yang That the Agenda as circulated by the Secretary-Treasurer be approved. Carried 4. Declarations of Pecuniary Interest and General Nature Thereof None. 5. Receipt of the Minutes 5.1 Committee of Adjustment Meeting Minutes of December 12, 2024, Meeting Number 24-12 Moved by Chris Polsinelli Seconded by Michael Visconti That the Committee of Adjustment Minutes from Meeting Number 24-12 be adopted as printed and circulated. Carried 6. Presentation of Applications 6.1 MV-2024-32 - Ren -14430 Yonge St Planning Staff are requesting a deferral of the above noted minor variance application for 14430 Yonge Street (MV-2024-32). Additional time is needed for further review of the proposal and to obtain a peer reviewer to review the submitted Natural Heritage Evaluation in support of the application. The entirety of the subject lands are designated “Environmental Protection” and contain Woodland and Woodlands - Minimum Vegetation Protection Zone (30m) in the Town Official Plan Schedules. The proposed greenhouse structure is to be located within the wooded area in the rear and would likely result in mass amount of tree removal. In response to the potential disruption to the natural heritage Page 2 of 13 3 features on site, the applicant has provided a Natural Heritage Evaluation (NHE). The NHE suggests that there are potential species at risk and significant wildlife habitat which can be impacted by the development. The NHE concludes that impacts can be mitigated through some recommended actions such as further investigation of on-site features and some other mitigation measures. Moved by Jane Stevenson Seconded by Chris Polsinelli That the Minor Variance Application MV-2024-32 be DEFERRED. Carried 6.2 MV-2024-33 - Ben Walker Ltd - 205 Industrial Parkway N The owner/applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate a Fitness Centre use in a building where there are Industrial uses or Warehouses. The following relief is being requested: 1. Section 10.1 of the Zoning Bylaw only permits a Fitness Centre in the E1 zone provided no part of the building where the Fitness Centre is located is used for Industrial Uses or Warehouses. The applicant is proposing a Fitness Centre in a building where there are Industrial uses or Warehouses. The Chair invited the Applicant or Owner to address the Committee. In attendance was the applicant Michael McCormick and agent Chris Pretotto, and Teresa Tiongson. The agent, Chris, provided a brief introduction to their application. The Chair invited members of the public to provide comments. There were one (1) public delegates in attendance for this application Simon Kay. Simon expressed their concerns for the oversaturation of gymnastics gyms in the area. Simon also cited the insufficient space required for such facilities in the proposed application. The Committee inquired about main use of the business and whether parking has been considered by the Town. The Committee also inquired to staff regarding the intent of the zoning provision where fitness centres are not permitted alongside warehouses use. Page 3 of 13 4 Moved by Julian Yang Seconded by Jane Stevenson That the Minor Variance Application MV-2024-33 be APPROVED. Carried 6.3 C-2024-06 - Christ Evangelical Lutheran Church - 7 Lacey Court The proposed consent application is to sever the subject lands as follows (see Appendix ‘B’): 1. Proposed Retained Lands: Part 1 and 2 of the Draft Plan of Severance (northern half) 1. Proposed Severed Lands: Part 3 and 4 of the Draft Plan of Severance (southern half) Parts 1 and 2 will feature a lot area of 3,838 m2 (0.94 acres) and a lot frontage of 26.5 m (86.9 ft) along Lacey Court. Parts 3 and 4 will feature a lot area of 7,172 m2 (1.77 acres) with 98.5 m (323 ft) of frontage along Wellington Street West. The Chair invited the Applicant or Owner to address the Committee. In attendance was the agent Ari Kirshenblatt The agent, provided a brief presentation and introduction to their application. The Chair invited members of the public to provide comments. There were no public delegates in attendance for this application. The Committee inquired about available parking on the retained lands, and the phasing of the developments as the severed parcel is land locked. Moved by Michael Visconti Seconded by Julian Yang That the Consent Application c-2024-06 be APPROVED. Carried 7. New Business The chair expresses his gratitude to Town Staff and Members of the Committee as the current term of the Committee comes to an end. Page 4 of 13 5 8. Adjournment Moved by Jane Stevenson That the meeting be adjourned at 7:49PM Carried Page 5 of 13 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. C -2024-07 _______________________________________________________________________________________ Subject: Consent Application Hunzach Holdings Inc. 24 Desjardins Way Part Block 8, Plan 65M-3819, except Parts 1 and 2 on Plan 65R- 29285, and except Parts 1 and 2 on Expropriation Plan YR2183022 File: C-2024-07 Related File: SP-2024-04, MV-2024-09 Prepared by: Katherine Gatzos, Planner Department: Planning and Development Services Date: February 13, 2025 _______________________________________________________________________________________ Application The purpose of the proposed consent application is to sever the subject lands as follows (see Appendix ‘B’): a) Proposed Retained Lands (eastern parcel): I. Parts 1, 2 and 3 of the Draft Reference Plan with a total area of 0.76 hectares (1.89 acres). b) Proposed Severed Lands (western parcel): I. Parts 4 and 5 of the Draft Reference Plan with a total area of 2.45 hectares (6.07 acres). c) Establish a Right of Way: I. Proposed right of way over Part 2 (eastern parcel) of the Draft Reference Plan in favour of the proposed severed lands (western parcel) for the purposes of vehicular access from Desjardins Way. Page 6 of 13 February 13, 2025 2 of 7 Report No. C-2024-07 Background Subject Property and Area Context The subject property is currently an approximately 3.22 hectare (7.97 acre) parcel located on the northeast corner of Leslie Street and Desjardins Way. The property is irregular in shape, containing a lot frontage of 434 metres (1423 feet) along Desjardins Way. The property is directly west of Highway 404 and considered part of the Bayview Northeast Area 2B, which is bound more broadly by the arterial roads of Wellington Street East to the south and Leslie Street to the west. The subject property is currently vacant but surrounded by future employment/business park use development blocks. Proposal The applicant is proposing to sever the subject lands and create one new lot for a future employment use. The proposed severed parcel will require a Right of Way over the proposed retained parcel. The proposed severed and retained parcels are shown in Appendix ‘B’. The intent of the proposed severed parcel is to facilitate the construction of a new medical building. Related Planning Applications In 2024, the Committee of Adjustment approved a variance on the subject property to reduce the required daylighting triangle. The purpose of the approved variance was to accommodate a baseball training facility at the corner of Desjardins Way and First Commerce Drive. The baseball training facility received site plan approval (SP-2024-04) on December 2024. No planning applications have been received for the proposed new medical building over the proposed severed parcel. Official Plan The subject lands are designated as “Business Park” in the Town’s Official Plan (Bayview Northeast Area 2B Secondary Plan, OPA 30). The intent of this designation is to provide a full range of employment opportunities, and the designation permits for prestige industrial uses, office, as well as ancillary uses that primarily serve the business functions in the Business Park. Page 7 of 13 February 13, 2025 3 of 7 Report No. C-2024-07 Zoning The Subject property is zoned “E-BP - Business Park Zone” under Zoning By-law 6000-17, as amended. This zoning permits a wide range of employment uses. Preliminary Zoning Review A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building Division. Building Staff has reviewed the proposed consent application and have determined that no variances are required to facilitate the proposed consent. Planning Comments When considering an application for consent to sever lands, regard shall be had to the criteria of Section 51 (24) of the Planning Act. This includes, amongst other things:  Matters of Provincial Interest  Conformity with the Official Plan and adjacent plans of subdivision  Suitability of the land for the purpose in which it is to be subdivided  Suitability of the land and adequacy of utilities, services, highways and access  The dimension and shape of the proposed lots Matters of Provincial Interest The Provincial Planning Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Matters of provincial interest include the adequate provision of employment opportunities, the protection of the economic well-being of the Province and its municipalities and ensuring the appropriate location of growth and development in an orderly manner. The proposed consent application facilitates the development of key employment lands in Town, that are located within a designated employment area and able to capitalize on proximity to Highway 404. The development of the site will enhance the employment function of the area and will occur in a logical and orderly manner as part of an established business park. The lands are currently vacant and underutilized, and their development will provide positive contributions to the Town economically. Staff are satisfied that the proposed consent application is consistent with the PPS and supports matters of provincial interest. Page 8 of 13 February 13, 2025 4 of 7 Report No. C-2024-07 Conformity with the Official Plan and Adjacent Plans of Subdivision As previously described, the subject lands are designated as part of the Town’s “Business Park” area adjacent to Highway 404. The lands are planned to serve the employment function of the area and provide economic development opportunities for the Town. The applicant has informed Staff that the creation of the new lot is intended to facilitate the development of a new medical building. The surrounding employment lots within the Bayview Northeast Business Park Area are generally 0.8 hectares in size or greater. The draft reference plan attached as Appendix B demonstrates that both the proposed severed and retained will be in keeping with the surrounding lot. Both the proposed severed and retained has sufficient land to accommodate future employment uses. The consent application and related development of the lands will also help contribute to the Town and Region’s employment targets in line with Official Plan policies, while maximizing the prestige image of the Town and business park area from Highway 404. Suitability of the land and adequacy of utilities, services, highways and access The proposed consent application is located within an approved plan of subdivision. There are sufficient municipal services that were approved as part of the subdivision application process. The proposed severed parcel will have access to Leslie Street via a private driveway and access to Desjardins Way via a shared driveway located over the proposed retained parcel. Discussions related to traffic movement and access will be reviewed in the future site plan approval process for the proposed medical building. Dimension and shape of the proposed lot Staff are of the opinion that the proposed consent application is generally compatible with the surrounding area in regard to dimension and shape of the proposed lot and will not result in any negative impacts on adjacent properties or character of the area. The proposed severed and retained lots fully conform to the lot area, frontage, and dimension requirements of the Town’s Comprehensive Zoning By-law 6000-17. Page 9 of 13 February 13, 2025 5 of 7 Report No. C-2024-07 Additional Comments The consent application was circulated to Town Departments/Divisions and to external agencies for review and comment. The following comments were provided: Department or Agency Comments Building Division Preliminary Zoning Review completed. No objection. Engineering Division No objection. Operational Services (Parks) No objection. Operations (Public Works) No objection. Central York Fire Services No objection. York Region No objection. LSRCA No objection. Hydro One No objection. Public Correspondence Written submissions from the public were not received at the time of writing of this report. Should written submissions be received after the writing of this report, the Secretary Treasurer will provide the submission(s) to Committee members at the meeting. Conclusion Staff have reviewed the application with respect to the Section 51(24) of the Planning Act, R.S.O, 1990, c.P.13, as amended, the Provincial Policy Statement, Provincial Plans and the Town’s Official Plan and are satisfied with the proposed consent application. Based on the aforementioned, Staff have no objection to the approval of Consent application File C-2023-05, subject to the conditions outlined in Appendix ‘A’ to this report. Attachments Appendix ‘A’ – Recommended Conditions of Approval Page 10 of 13 February 13, 2025 6 of 7 Report No. C-2024-07 Appendix ‘B’ – Proposed Severance Plan Page 11 of 13 February 13, 2025 7 of 7 Report No. C-2024-07 APPENDIX ‘A’ – Conditions of Approval 1. That the consent only applies to the subject property in conformity with the plans attached as Appendix ‘B’ to this report, to the satisfaction of the Director of Planning and Development Services. 2. That the Owner provide written confirmation of no outstanding payment of property taxes owing to date for the subject property, to the satisfaction of the Secretary-Treasurer. 3. Submission to the Secretary-Treasurer of four (4) white prints of a deposited Reference Plan for review showing the subject lands, which conforms substantially to the application form and sketch as submitted with this application (Appendix ‘B’). One copy of the deposited reference plan must be submitted to the Town prior to the issuance of the Certificate of Official. Please note, if the transaction in respect of which the consent was given is not carried out within the two-year period following issuance of the Certificate of Official, the consent effectively will lapse [Planning Act, R.S.O. 1990, c.P.13, as amended, s. 53 (43)]. 4. Submission to the Secretary-Treasurer of the required draft transfers to effect the severance applied for under Files C-2024-07 in duplicate, conveying the subject lands, and issuance by the Secretary Treasurer of the certificate required under subsection 53(42) of the Planning Act. Subsection 50 (3 or 5) of the Planning Act, R.S.O 1990, as amended, applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent. 5. That the Owner pay the Legal Services Fees ($238.00) regarding the Town’s cost to obtain a Parcel Abstract/PIN as per the Application, and written confirmation be provided to the satisfaction of the Secretary-Treasurer. The cheque is payable to “The Corporation of the Town of Aurora” quoting file number C-2024-07 and delivered to the attention of Legal Services, 100 John West Way, Box 1000, Aurora, ON L4G 6J1. 6. Fulfilment of all of the above conditions shall occur within two (2) years of the date that notice of the decision was given under Section 50(17) or 50(24) of the Planning Act. R.S.O. 1990, c.P.13, or the consent will lapse. Page 12 of 13 XXXXXXXXXXXXXXXXXXX14875020.725627138.64724874936.376627093.014PLAN 65R-METRICSCHEDULEPARTPART OF BLOCKREGISTERED PLANPINAREA(m2)1865M-3819ALL OF 03642-4018(LT)7267.32284.43129.3424467.15136.5POST & WIRE FENCEPOST & WIRE FENCEDRAFTDRAFTDRAFTPage 13 of 13