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Agenda - Committee of Adjustment - 20230713Town of Aurora Committee of Adjustment Meeting Agenda Date:Thursday, July 13, 2023 Time:7:00 p.m. Location:Video Conference Due to the COVID-19 pandemic, meetings will be available to the public via live stream only on the Town’s YouTube Channel. To participate electronically, please visit aurora.ca/participation. Pages 1.Call to Order 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 June 8, 2023, Meeting Number 23-06 That the Committee of Adjustment Minutes from Meeting Number 23-06 be adopted as circulated. 6.Presentation of Applications 6.1 MV-2023-25 - Khosbin - 219 Old Yonge (*Application Deferred by the Town) 6.2 MV-2023-27 - 2493862 Ontario Inc - 83 Richardson Drive 1 6.3 MV-2023-24 - Kaptyn - 28 Steeplechase Ave 12 6.4 MV-2022-36 - Rallis - 12 Buchanan Cres 26 6.5 MV-2023-26 - 14889 Yonge St Inc- 14889 Yonge St 35 6.6 C-2023-03 - Gottardo 404 (Aurora) Inc. - 125 & 175 Eric T Smith 44 6.7 MV-2023-21 - Gottardo 404 (Aurora) Inc. - 175 Eric T Smith 55 7.New Business 8.Adjournment 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -27 _______________________________________________________________________________________ Subject: Minor Variance Application 2493862 Ontario Inc. 83 Richardson Drive Lot 353, Plan 514 MV-2023-27 Prepared by: Katherine Gatzos Department: Planning and Development Services Date: July 13, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the construction of a new two (2) storey detached dwelling. The following relief is being requested: a) Section 24.497.3.2 of the Zoning By-law requires a minimum interior side yard setback of 3.0 metres beyond the main rear wall of the adjacent dwellings. The applicant is proposing a two-storey detached dwelling, with interior side yard setbacks of 1.5 metres on both the east and west property lines. Background Subject Property and Area Context The subject property, municipally known as 83 Richardson Drive, is located on the south side of Richardson Drive, just west of Hutchinson Road. The subject property is rectangular in shape, with an approximate area of 688 sq m (7405 sq ft) and a frontage of 15.24 m (50 ft). The surrounding neighbourhood is generally characterized by one and two storey dwellings, with instances of infill development. Page 1 of 67 July 13, 2023 2 of 8 Report No. MV-2023-27 Proposal The applicant proposes to demolish the existing one (1) storey single detached dwelling on the property and construct a new two (2) storey single detached dwelling. The interior side yard setbacks of the new dwelling are proposed to both be equal at 1.5 metres on the east and west sides, which necessitates the subject variance. Official Plan The subject property is designated “Stable Neighbourhoods” by the Town of Aurora’s Official Plan. Single detached dwellings are permitted by the designation. Zoning The subject property is zoned “Detached Third Density Residential R3-SN (497)” in the Town of Aurora’s Zoning By-law. Single detached dwellings are permitted under this zoning category, with the (497) exception zone pertaining to the Stable Neighbourhood provisions that apply to the subject property. Preliminary Zoning Review A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building Division. The PZR identified the required variance, and no other non-compliance was identified. For additional information, there is also no need to require two separate variances being for each side yard, as the parent zoning in this case does not differentiate unique requirements between each side yard (it just applies uniformly as a “minimum interior side yard” applying to both sides of a property), and the proposal is for an equal 1.5 metre interior yard setback for both sides regardless. Applicant’s stated reason(s) for not complying with the Zoning By-law As stated on the application form, “If we follow the bylaw, the building shape will be very unusual and also not function well [for the] interior and exterior. The by-law regulations affect the layout, aesthetics and function of the building. To help with a reasonable design of the home, we ask for the minor variance which makes a positive contribution to the usability and environment of abutting properties”. Planning Comments Planning staff have evaluated Minor Variance Application MV-2023-27 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: Page 2 of 67 July 13, 2023 3 of 8 Report No. MV-2023-27 a) The proposed variance meets the general intent of the Official Plan The intent of the Official Plan Stable Neighbourhood designation is to ensure that residential neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced over time. The Official Plan states that new development abutting existing residential development shall be sympathetic to the form and character of existing development with regards to building scale and urban design. The surrounding neighbourhood is generally characterized by one and two storey dwellings, with instances of infill development. Staff are of the opinion that the requested variance will facilitate the development of a new two-storey dwelling that is compatible with and generally in keeping with the low - density residential form and character of the neighbourhood. The requested variance will not result in any significant negative impact on the character and streetscape of the existing residential neighbourhood, as the proposal maintains the existing development pattern of the street and adjacent lots. The proposal respects the required 1.5 metre interior side yard setback for the portion of the building before the main rear wall of the adjacent dwellings, which helps contribute to a uniform and proportionate streetscape. As such, staff are of the opinion that the requested variance is in keeping with the general intent of the Official Plan. b) The proposed variance meets the general intent of the Zoning By-law The intent of the “Detached Third Density Residential R3-SN (497)” zoning is to ensure that the streetscape and public realm are maintained with appropriately sized and oriented buildings. The intent of the side yard setback provision is to ensure appropriate and adequate spacing for privacy, landscaping, access, and drainage. The Zoning By-law further regulates the side yard setback beyond the main rear wall of adjacent dwellings to promote an additional level of openness and privacy between neighbouring properties and reduce overdevelopment of the site. The proposed side yard setbacks of 1.5 metres are within the range of existing side yard setbacks along Richardson Drive, including the westerly abutting property. The proposed dwelling at 83 Richardson Drive will still provide space of approximately 3.51 metres and 5.35 metres to the west and east abutting dwellings, respectively. With ample space separating the buildings, staff are of the opinion that the requested variance of 1.5 metres for the west and east side yard setbacks do not result in any conflicts of proportionality, nor will there be any impact to the usability of the side or rear yard areas. Additionally, reduced side yard setbacks to the east and west will not impede existing access along either side yard, access to the rear yard, or future maintenance along both side yards. Page 3 of 67 July 13, 2023 4 of 8 Report No. MV-2023-27 Openness and privacy are also still maintained, including through there being no side yard entrances and the side windows intentionally being positioned at the portion of the building not requiring the variance. Further, as the proposed dwelling conforms to all other zoning provisions governing setbacks, lot coverage, gross floor area, and building height, staff are of the opinion that the proposed variance will not result in overdevelopment of the site. As such, staff are satisfied that the proposed variance meets the intent and purpose of the Zoning By-law. c) The proposed variance is considered desirable for the appropriate development of the land The minor variance has been considered in the context of the site itself and the adjacent neighbourhood. The proposed detached dwelling has been designed in a manner that respects the Regency Acres Urban Design Guidelines relating to building scale, massing, orientation, and materiality. The requested variance will also enable to proposed dwelling to maintain ample amenity area and backyard green space, while still providing sufficient room for access, drainage, and maneuverability on both side yards. The dwelling is proportionate to the lot size, and has been designed in a manner that respects neighbourhood privacy and spacing. Small windows are proposed on the east and west walls of the ground floor and upper storeys which are oriented towards the middle of the proposed dwelling and are not in the portion of the building subject to the variance. Further, no side entrances are to be constructed, which will maintain ample space and separation between properties. The proposal allows for the appropriate infill development of the site to accommodate specific family housing needs, and is done so in a manner that in the opinion of staff respects the existing neighbourhood character. As such, the requested variance is considered desirable for the appropriate development of the land. d) The proposed variance is considered minor in nature The question of the minor nature of a proposed variance can be related to its scale and impact on adjacent properties. In the opinion of Staff, the requested variance is considered to be minor and is not expected to have any adverse effects on the subject lands, neighbouring properties, or the character of the existing neighbourhood as a whole. Page 4 of 67 July 13, 2023 5 of 8 Report No. MV-2023-27 The area subject to the variance only pertains to the portion of the building that extends beyond the rear wall of the adjacent dwellings, which is minimal. The requested variances will have no impact to the streetscape, as they will be uniform with the interior side yard setback requirements for the portion of the building before the rear wall of the adjacent dwellings, which is 1.5 metres per the Zoning By-law. The proposed dwelling conforms to all other applicable zoning provisions, and staff are of the opinion that the proposed relief from the side yard setback provision will not result in overdevelopment of the site or any negative impacts. As such, staff are of the opinion that the requested variance is minor in nature. Additional Comments The minor variance application was circulated to Town Department/Divisions and to external agencies for review and comment. The following comments were provided: Department or Agency Comments Building Division Preliminary Zoning Review was completed. No objections. Engineering Division No objections with condition. Operational Services (Parks) No objections with condition. Operational Services (Public Works) No objections. Central York Fire Services No objections. York Region No objections. LSRCA No objections. Public Correspondence Written submissions 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. Page 5 of 67 July 13, 2023 6 of 8 Report No. MV-2023-27 Conclusion Planning staff have reviewed the application with respect to the Section 45 (1) of the Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested variance meets the four tests of the Planning Act for granting of minor variance. Staff recommend approval of the requested variance subject to the conditions outlined in Appendix ‘A’. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan Page 6 of 67 July 13, 2023 7 of 8 Report No. MV-2023-27 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-27 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property in conformity with the plan attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of Planning and Development Services or designate. 2. The owner is required to obtain an approved Road Occupancy Permit from the Town of Aurora Operations Department regarding the subject works. 3. That the owner be required to provide an Evaluation Report prepared by a Certified Arborist or Professional Registered Forester outlining all aspects of the impacts that this proposal will have on existing and remaining vegetation. The report shall identify tree protection measures and make recommendations on the mitigation of negative effects to vegetation, during and post construction periods, as well as measures aimed at tree health care and protection for trees effected by the project and any remaining trees in the vicinity of the project that require applicable maintenance. 4. The Evaluation Report shall include a schedule of monitoring of the ongoing site work through a series of scheduled site visits by the Arborist / Forester during and post construction to ensure the vegetation preservation measures remain in compliance throughout the project. Each site visit is to be documented and any resulting action items required by the Arborist /Forester shall be implemented and confirmed on site forthwith by the Arborist /Forester following each visit. 5. The owner be required to provide vegetation compensation and a replanting plan in accordance with the Town of Aurora TREE REMOVAL/PRUNING AND COMPENSATION POLICY to the satisfaction of the Director of Operational Services as compensation for any trees removed to facilitate construction. Compensation planting shall be completed prior to release of the financial securities. 6. The owner shall agree to comply with the Aurora Tree Permit By-law # 5850 -16 prior to the removal of any trees on the property. 7. The owner shall agree to provide financial securities based on the total value of the Tree Compensation evaluation and all Arboriculture works as defined by the Town and the Owner’s Arborist/ Forester, to the satisfaction of the Manager of Parks Division. Page 7 of 67 July 13, 2023 8 of 8 Report No. MV-2023-27 8. All of the above shall be included as terms and conditions in a Letter of Undertaking with the Town of Aurora to guarantee compliance with the Conditions of Approval and all related site works. 9. A Site Services Plan shall be submitted to the satisfaction of the Director of Planning and Development Services or designate should existing water and sewer services be removed and replaced. Page 8 of 67 5'-0 1/2"[1.54]5'-0 1/2"[1.54]5'-0 1/2"[1.54]5'-0 1/2"[1.54]24'-0"[7.32]19'-8"[5.99]57'-6 3/4"[17.54]UP19RUP1R4RUP3RDN13RDN4R69'-9"[21.26] CHUAN LIANG ARCHITECTS Page 9 of 67 MAIN FLOOR ESTABLISED GRADE TOP PLATE UPPER FLOOR BASEMENT SLAB MIDDLE OF ROOF TOP OF ROOF SPATIAL SEPARATION WALL AREA 1153SQ. FT. LIMIT. DISTANCE 1.5 M. MAX % ALLOWABLE 7% WINDOW AREA PROPOSED 81Q.FT=7% MAIN FLOOR ESTABLISED GRADE TOP PLATE UPPER FLOOR BASEMENT SLAB MIDDLE OF ROOF TOP OF ROOF SPATIAL SEPARATION WALL AREA 1255SQ. FT. LIMIT. DISTANCE 1.5 M. MAX % ALLOWABLE 7% WINDOW AREA PROPOSED 63Q.FT=5.02% MAIN FLOOR ESTABLISED GRADE TOP PLATE UPPER FLOOR BASEMENT SLAB MIDDLE OF ROOF TOP OF ROOF MAIN FLOOR ESTABLISED GRADE TOP PLATE UPPER FLOOR BASEMENT SLAB MIDDLE OF ROOF TOP OF ROOF CHUAN LIANG ARCHITECTS Page 10 of 67 UP 18R UNEXCAVATED REMOVE TOPSOIL ONLY AUP 19R UP 1R 4R UP 3R DN 13R DN 4R AADN 19R ACHUAN LIANG ARCHITECTS Page 11 of 67 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -24 _______________________________________________________________________________________ Subject: Minor Variance Application Kaptyn 28 Steeplechase Avenue Lot 42, Plan M-1582 MV-2023-24 Prepared by: Katherine Gatzos, Planner Department: Planning and Development Services Date: July 13, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the construction of a one (1) storey detached accessory pool house within the significant woodland natural heritage feature of the subject property. The following relief is being requested: a) Section 14.1.2 (ii) of the Zoning By-law states that no development or site alteration shall occur on that portion of said lot that is within the key natural heritage feature, without an amendment to, or relief from the Zoning By-law. The applicant is proposing to construct an accessory pool house within a woodland feature. b) Section 14.1.4 (i) of the Zoning By-law states that no development or site alteration shall occur on that portion of the lot that contains a significant woodland, without amendment to, or relief from the Zoning By-law. The applicant is specifically proposing to construct an accessory pool house building. Background Subject Property and Area Context The subject property, municipally known as 28 Steeplechase Avenue, is part of an established estate residential subdivision generally located northwest of the intersection of Bayview Avenue and Bloomington Road. The subject lands are approximately 0.81 Page 12 of 67 July 13, 2023 2 of 10 Report No. MV-2023-24 hectares in size (2 acres) with a lot frontage along the south side of Steeplechase Avenue of approximately 83.5 metres (274 ft). The property has a depth of over 140 metres and largely consists of woodland, particularly along the west and east boundaries and the rear lot area. The subject property currently contains a single estate dwelling with a building footprint of approximately 272 square metres, and a small shed within the rear yard. The existing dwelling is partially screened from Steeplechase Avenue due to a front yard setback of over 20 metres, and a great number of mature trees within the front yard. Proposal The applicant proposes to construct a one (1) storey detached accessory pool house on the subject property. The pool house will have a building footprint of approximately 213 square metres and is to be located within the rear yard, behind the existing estate dwelling. The existing shed within the woodlot at the rear of the property is proposed to be demolished to accommodate the pool house. The applicant has submitted a Natural Heritage Evaluation (Terrastory Environmental Consulting Inc., April 2023) in support of the subject Minor Variance application. Official Plan The subject lands are designated “Estate Residential” in the Town of Aurora Official Plan (OPA 34), able to accommodate larger estate dwellings and accessory structures. Schedule E1 of the Town’s Official Plan further classifies the subject property and surrounding area as Woodlands and within the 30 m Minimum Vegetation Protection Zone (MVPZ). Zoning The subject lands are zoned “Estate Residential (ER)” in the Town of Aurora Zoning By- law 6000-17. The ER zone is characterized by large lots and setbacks to establish an extremely low density residential area. Preliminary Zoning Review A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building Division. The PZR identified the required variances, and no other non-compliance was identified. The proposed pool house is fully compliant with all other siting and setback provisions of the Estate Residential zoning, but the required variances are triggered due to the key natural heritage feature that is present on the property and community area. Page 13 of 67 July 13, 2023 3 of 10 Report No. MV-2023-24 Applicant’s stated reason(s) for not complying with the Zoning By-law As stated on the application form, “it is expressly stated in zoning that relief from Zoning By-law is required for any development within the area”. Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-24 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: a) The proposed variances meet the general intent of the Official Plan The intent of the “Estate Residential” designation is to ensure that the low density residential character of the area is maintained. The proposed application respects the Estate Residential policies and does not constitute overdevelopment of the site. The subject property is also specifically classified as part of the Settlement Area and is intended to accommodate residential uses including associated accessory structures. Further, the proposal has sufficiently demonstrated that the development will not result in adverse impacts to surrounding natural heritage features and systems. A Natural Heritage Evaluation (NHE) was prepared in support of the application, which includes an analysis of existing environmental conditions on the subject property and adjacent areas. The Evaluation further provides recommendations and construction mitigation measures to be implemented, which have been added to the Conditions of Approval (Appendix ‘A’). The Evaluation recognizes that there is presently an estate dwelling already within the MVPZ, and that the proposed location for the pool house will primarily be located within a cleared area occupied by a manicured lawn and gardens. The vast majority of Steeplechase Avenue and the neighbourhood at large are classified as part of and containing natural heritage features, with the intent being that development in this neighbourhood not be outright prohibited, but instead be done in a manner that avoids negative impacts. The applicant and accompanying NHE have demonstrated that thoughtful consideration to the location of the pool house was made, and that no negative impacts will result. The proposed pool house is only marginally within the woodland feature, and cannot be shifted closer to the existing dwelling and further from the woodland given the conflict with the existing septic system. The Owner’s Environmental consultant (Terrastory Environmental) estimates that approximately 10 trees ≥10 cm diameter at breast height (DHB) require removal to construct the pool house, however these trees were not Page 14 of 67 July 13, 2023 4 of 10 Report No. MV-2023-24 observed to promote roosting of endangered or threatened species, particularly bat colonies. The Natural Heritage Evaluation also determined that due to the scale and minimal encroachment of the proposed development, no negative impact is anticipated on local species within the area. Again, specific conditions of approval have also been developed, including the need for a Tree Compensation and Woodland Enhancement Plan (including replacement of trees at a 3:1 ratio), timing restrictions for vegetation removal (to avoid impacts to any potential nesting and roosting animals), installation of tree protection/silt fencing during construction, and design measures to minimize potential light pollution from the pool house. Implementation of the recommendations as conditions of approval will further ensure that the proposed development will not negatively impact the surrounding natural heritage features. Staff are of the opinion that the requested variances meet the general intent of the Official Plan, given that the policies of the Estate Residential designation are adhered to, and that no adverse impacts are anticipated to surrounding natural heritage features. The appropriate Conditions of Approval are also attached hereto as Appendix ‘A’. b) The proposed variances meet the general intent of the Zoning By-law The intent of the Estate Residential (ER) zone is to ensure that low density residential development characterized by large lot areas and setbacks are maintained. Further, zoning provisions governing natural heritage features and Minimum Vegetation Protection Zones (MVPZ) are established to ensure that development does not negatively impact surrounding areas and features. The applicant proposes to construct a detached accessory pool house on the subject property that meets all zone provisions of the ER zone, and it is also proposed in the most suitable location on site to result in no negative environmental impacts. The Natural Heritage Evaluation and associated recommendations have demonstrated that the proposed development will not negatively impact the surrounding natural heritage features and systems. To ensure no resulting adverse impacts, the recommendations have also been implemented as Conditions of Approval, attached hereto as Appendix ‘A’. The Zoning By-law provisions with respect to the subject variances and development within and adjacent to natural heritage features also specifically recognize that exceptions can be made for established residential lots and additions, provided that the Page 15 of 67 July 13, 2023 5 of 10 Report No. MV-2023-24 development would not result in any negative environmental impacts. The pool house is considered a minor development that has been located purposefully on the site to avoid impacts to the natural heritage features of the area. The submitted NHE and associated conditions of approval further ensure that any potential impacts are mitigated and avoided. As such, staff are of the opinion that the requested variances meet the general intent of the Zoning By-law. c) The proposed variances are considered desirable for the appropriate development of the land The proposed variances are considered desirable and appropriate development of the land as they allow for the construction of an accessory structure that meets all required Estate Residential (ER) zoning provisions. The pool house is proposed in an area of the subject lot that is occupied by a manicured lawn and gardens. This location results in limited tree removal to accommodate the construction of the pool house, and the opportunity for the installation of enhanced planting in place of the existing shed, which is to be removed. This re-planting is to be completed at a 3:1 ratio, which will actually enhance the tree canopy for the site. The existing septic bed at the rear of the existing dwelling limits the buildable area of the pool house, as it cannot be constructed further from the Significant Woodland. As such, staff are of the opinion that the proposed location of the pool house is appropriate and sited strategically to avoid negative impacts, given the building constraints that present. Staff are of the opinion that the Natural Heritage Evaluation submitted as part of this application has demonstrated that the proposed development will not negatively impact local natural heritage systems or features and has provided satisfactory recommendations to further reduce impacts associated with the construction of the pool house, which have been incorporated as Conditions of Approval. Fulfillment of the conditions will in turn result in enhancements of natural heritage elements such as the tree canopy, while also implementing strategies during construction and in the design of the building will be able to ensure no negative adverse impacts. As such, staff are of the opinion that the requested variances are considered desirable for the appropriate development of the property, provided that the Conditions of Approval attached hereto as Appendix ‘A’ are satisfied. Page 16 of 67 July 13, 2023 6 of 10 Report No. MV-2023-24 d) The proposed variances are considered minor in nature The proposed variances are minor in nature and facilitate the construction of an accessory structure within a relatively manicured landscaped area on the subject property, while accommodating the constraints associated with the adjacent Significant Woodland and limited building footprint due to the existing septic bed. The subject property is occupied by swaths of woodland along all property lines which provide for substantial screening of the existing dwelling and proposed pool house. As such, staff are of the opinion that there are no visual and streetscape impacts as a result of the proposed development, including views from adjacent properties. Further, the accompanying Natural Heritage Evaluation has demonstrated that there are no negative impacts to surrounding features as a result of the proposed development and has provided recommendations and mitigation measures to ensure this. Staff are of the opinion that the requested variances are minor in nature and that construction impacts will be negated through appropriate mitigation measures attached hereto as Appendix ‘A’ – Recommended Conditions of Approval. Additional Comments The minor variance application was circulated to Town Department/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 objections. Engineering Division No objections. Operational Services (Parks) No objections with conditions. Operational Services (Public Works) No objections. Central York Fire Services No objections. York Region No objections. LSRCA No objections. Page 17 of 67 July 13, 2023 7 of 10 Report No. MV-2023-24 Public Correspondence Written submissions 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 Planning staff have reviewed the application with respect to the Section 45 (1) of the Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested variance meets the four tests of the Planning Act for granting of minor variances. Staff recommend approval of the requested variance subject to the conditions outlined in Appendix ‘A’. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan Page 18 of 67 July 13, 2023 8 of 10 Report No. MV-2023-24 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-24 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property in conformity with the plan attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of Planning and Development Services or designate. 2. That the recommendations and mitigation measures of the accompanying Natural Heritage Evaluation dated April 10, 2023, prepared by Terrastory Environmental Consulting Inc. (listed under Section 5 of the Evaluation) be satisfied per the discretion of the Director of Planning and Development Services or their designate, which includes the following: a. Any necessary tree removal within the proposed development envelopes will only take place between October 1 and April 30 to avoid the active season for bats. Should minor tree removal be required between May 1 and September 31, a qualified professional will complete an exit survey of suitable maternal roosting sites identified for removal a maximum of 24 hours before removal. The exit survey must make use of a bat detector and will occur for no less than the time period between sunset and 60 minutes after sunset. If an Endangered bat is identified during the survey, MECP should be contacted to obtain further direction prior to removal of the tree. b. If construction activities occur during the active bat season (i.e., May 1 and September 31), work will be restricted to daylight hours only and the use of artificial lighting will be avoided. c. Any lighting incorporated into the final building designs should be “dark-sky friendly” and directed downward (i.e., towards the ground and / or away from the woodland (i.e., northwestward) to the extent practicable. d. The removal of trees will be restricted to areas in direct conflict with the footprint of the proposed pool house, servicing, and necessary grading, along with any hazardous trees in the immediate vicinity that post an unacceptable risk to human life or property. e. All necessary vegetation removal will be completed outside of the primary bird nesting period (i.e., to be completed between September 1 and March 31). Page 19 of 67 July 13, 2023 9 of 10 Report No. MV-2023-24 Should minor vegetation removal be proposed during the bird nesting period, a bird nesting survey will be undertaken to confirm the presence or absence of nesting birds or bird nests within or adjacent to the areas subject to vegetation clearance. The survey is to take place within 48 hours of vegetation removal. f. The area of construction and disturbance will be encircled by a Tree Protection Fence and a Sediment Barrier (i.e., erosion and sediment control) to be installed prior to the commencement of site preparation and other construction-related activities as shown on Figure 3 of the Natural Heritage Evaluation (Terrastory Environmental Consulting Inc, April 10, 2023). g. The location of the Tree Protection Fence will be inspected by a qualified Arborist following installation and prior to site alteration. h. A Tree Compensation and Woodland Edge Management Plan will be prepared which includes the following measures (at a minimum) to the satisfaction of the Director of Planning and Development Services:  Replacement of all trees to be removed at a ration of 3:1 (i.e., three new trees for every one tree removed).  Brush piles resulting from any necessary tree and woody vegetation clearing should be retained on-site and placed within the rear-yard Significant Woodland to enhance on-site wildlife habitats.  An existing shed situated entirely within the Significant Woodland will be demolished, removed, and replanted. i. Incorporation of Bird-Friendly Guidelines into the pool house design will be considered. 3. That the owner be required to provide an Evaluation Report prepared by a Certified Arborist or Professional Registered Forester outlining all aspects of the impacts that this proposal will have on existing and current remaining vegetation. The report shall identify tree protection measures and make recommendations on the mitigation of negative effects to vegetation, during and post construction periods, as well as measures aimed at tree health care and protection for trees effected by the project and any remaining trees in the vicinity of the project that require applicable maintenance to the satisfaction of Parks Division. Page 20 of 67 July 13, 2023 10 of 10 Report No. MV-2023-24 4. In addition, the report shall include a schedule of monitoring of the ongoing site work through a series of scheduled site visits by the Arborist / Forester during and post construction to ensure the vegetation preservation measures remain in compliance throughout the project. Each site visit is to be documented and any resulting action items required by the Arborist /Forester shall be implemented and confirmed on site forthwith by the Arborist /Forester following each visit to the satisfaction of Parks Division. 5. The owner be required to provide vegetation compensation and a replanting plan in accordance with the Town of Aurora TREE REMOVAL/PRUNING AND COMPENSATION POLICY to the satisfaction of the Director of Operational Services as compensation for trees removed to facilitate construction. Compensation planting shall be completed prior to release of the financial securities to the satisfaction of Parks Division. 6. The owner shall agree to comply with the Aurora Tree Permit By-law # 5850 -16 prior to the removal of any trees on the property to the satisfaction of Parks Division. 7. The owner shall agree to provide financial securities based on the total value of the Tree Compensation evaluation and all Arboriculture works as defined by th e Town and the Owner’s Arborist/ Forester, to the satisfaction of the Manager of Parks Division. 8. All of the above shall be included as terms and conditions in a Letter of Undertaking with the Town of Aurora to guarantee compliance with the Conditions of Approval and all related site works to the satisfaction of Parks Division. Page 21 of 67 NICIPALITY OF YORKGISTERED PLAN M-1582(BYM-1582)REGISTEREDPLANREGISTEREDPLANLOT 42LOL O T 4 3 L O T 4 4 ASEECHNUESTEEPLAVEN81°54'35"E25.30N66°02'45"EC=86.78A=87.84R=162.74N12°33'10"W145.85N 3 7 °4 9 '3 5 "W 1 4 0 .1 3 10"E(meas)IB(JDB)SIB(OU)clf.0.07WO/L N/SIB(JDB)clf.0.70S(meas)(P1,P2&meas)CHAIN LINK FENCE05'50"E(P1)(P1&meas)IB(JDB)clf.0.02W(meas)N67°00'00"E(P1)(meas)(meas)(P1&set)1&Meas)(meas)N11°34'10"W(P1,P2)(P1,P2&meas)(m e a s ) N 3 6 °5 3 '2 0 "W (P 1 ,P 2 ) (P 1 ,P 2 &m e a s ) 8 2 .8 4 (P 1 &m e a s )11.58(meas)11.68(P2)17.41(meas)17.47(P2)8.915 7 .2 9 (P 1 &m e a s ) C H A IN L IN K F E N C E 2 3 .2 5 (P 1 )2 3 .5 0 (m e a s )FD IB(JDB)TOP BENTRESET IBC=86.87(P1,P2)A=87.94(P1,P2)BP2(LT)PIN 036720150-P IN 0 3 6 7 2 - 0 0 4 6 (R L T )P IN 0 3 6 7 2 - 0 0 4 5 (L T )PIN 03672 - 0047 (LT)PIN 036FRAME SHED0.1∅DT2mDL0.1∅CT3mDL0.15∅CT2mDL0.15∅CT2mDL0.15∅CT2mDL0.15∅CT1mDLLANDSCAPINGCONC.PORCHCONCRETE PORCHWOODSTAIRSWOOD DECK AT UPPER LEVELINTERLOCK PATIO BELOWINTERLOCKCOL.COL.COL.COL.COL.COL.COL.INTERLOCK STONE DRIVEWAYINTERLOCKWALKPERGOLAHOTTUBCONCRETECONC. WALKGARDENBOTTOMOF SLOPETOP OF SLOPEOF SLOPETOPTOP OF SLOPEBOTTOMUPOF SLOPEB O T T O M O F S L O P E INTERLOCK STONE DRIVEWAYRETAININGS TO N EWALLSTEPSGARDENGARDENGARDENG A R D E N BUSHBUSHBUSHBUSHBUSHBUSHT O P O F S L O P E 0 .7 0 ∅ C .S .P .ASPHALTEDDITCH0.46∅ C.S.P.TOP OF SLOPETOP OF STOP OF SLOPETOP OFSLOPEASPHALTApproximateSeptic AreaWELLDRILLEDCONTROLIRRIGATIONm20 30105.71295.62295.58295.66295.74295.80295.92296.02296.15296.27296.35296.43296.30296.21296.18296.08295.97295.81295.73295.64295.58295.53295.48295.56295.52295.45295.49295.55295.61295.69295.81295.94296.05296.16296.23296.31295.86295.78295.71295.51295.28294.99294.94294.88294.84295.005.36295.24295.18295.15295.09295.04294.73295.16INV.294.20INV.295.20INV.295.23296.35296.71297.08297.33296.92296.32295.77295.54295.42295.18295.23295.86296.35INV.293.97296.16295.09295.13296.18297.26297.73297.12295.82295.71295.71296.86297.52296.91298.06297.88296.78296.53299.02300.05296.46297.04297.53298.00298.13298.15298.19298.23298.30298.42298.32298.13297.61297.36296.74296.28296.01295.98295.74295.83296.02296.00296.00296.29296.01295.96296.60297.48297.98297.80297.64298.02297.16296.92296.65296.84297.16297.94297.97295.85295.46295.45295.54295.40295.50295.16297.79298.04298.49298.42298.22298.15298.14298.38298.51298.31297.28297.93298.04297.87297.83296.43296.11296.10296.04296.09296.68296.77296.68296.34296.09296.23296.93296.90296.72296.47296.25296.21296.36298.09296.82296.54296.45296.53296.57296.61296.64296.57296.60296.42296.83296.60296.18296.14296.30297.62297.89297.04296.02296.38296.60297.53298.79299.59300.14299.97299.75298.75298.58298.32298.15298.73298.75299.01298.90299.16299.49299.72300.10299.66299.81299.67299.96298.45296.96296.48296.47296.25296.30296.21296.10296.13296.21296.30297.69298.78296.84296.68296.71296.86297.00297.25297.67297.76298.06298.82298.85298.24297.69297.82296.91296.78296.73299.14300.91297.75299.21300.31296.47296.46296.28296.56296.73296.46296.79296.70296.49296.71298.50298.93297.63296.61296.94296.79298.82296.85296.99297.26299.03300.00299.44297.55297.25298.96299.03300.40300.55299.86299.75300.29300.48300.96298.55300.30301.29301.88301.85301.59300.67300.42300.40300.67301.94303.05303.09304.55304.20303.25303.33302.83301.82301.37300.93301.12298.45298.48299.71298.98297.91297.95298.45298.48298.51298.35298.73298.52298.48298.19298.84298.86298.90298.86298.43298.17SILLEAL PROPERTY REPORT OFURORAUPEXISTING 1-STOREY BRICK AND STUCCO DWELLINGEXISTING SHED TO BE DEMOLISHEDNEW PROPOSED 1-STOREY BRICK VENEER POOL HOUSELOT FRONTAGE83.5 m13.51 m26.76 m28.21 m60.09 m6 2 .3 6 m 1 8 .5 9 m 11.28 m37' - 0"61 ' - 0 "PROJECT NO:DRAWN BY:CHECKED BY:CLIENT'S NAME & ADDRESS:SHEETOFSHEET TITLESCALE:DATE:12341234ABCPROJECT STATUS:PROJECT ADDRESS:PROJECT NAME:Copyright Pro Vision Architecture Inc., O.A.A Duplication or reproduction by any means without the express written consent of Pro Vision Architecture Inc., OAA is a violation of Federal and international law. The information contained on this document are the intellectual property of Pro Vision Architecture Inc., OAA and all rights thereto are Reserved.COPYRIGHT:PRO VISION ARCHITECTURE INC.T:(416)800-6347 F:(416)800-9625Email: pva@provisionarch.com14961 Yonge St. Unit B, Aurora, ON L4G 1M5NEW PROPOSED ACCESSORY BUILDING FOR2023/01/122020 PRO VISION ARCHITECTURE INC.1/12/2023 2:44:13 PMAs indicatedSD1SITE PLAN /PROJECT DATA /EBF211140428 STEEPLECHASE AVE.DE,DEJAN 2022FCB Groups Inc.17760 Warden Ave, Sharon , Ontario , L0G 1V028 STEEPLECHASE AVE. AURORA. ONBUILDING PERMIT APPLICATION1" = 30'-0"1SITE PLANREVISION SCHEDULENo. Description Date ByPage 22 of 67 NATURAL PLANKTERRAZZO COOL GRAYTRAVERTINE PEARLPROJECT NO:DRAWN BY:CHECKED BY:CLIENT'S NAME & ADDRESS:SHEETOFSHEET TITLESCALE:DATE:12341234ABCPROJECT STATUS:PROJECT ADDRESS:PROJECT NAME:Copyright Pro Vision Architecture Inc., O.A.A Duplication or reproduction by any means without the express written consent of Pro Vision Architecture Inc., OAA is a violation of Federal and international law. The information contained on this document are the intellectual property of Pro Vision Architecture Inc., OAA and all rights thereto are Reserved.COPYRIGHT:PRO VISION ARCHITECTURE INC.T:(416)800-6347 F:(647)800-0940Email: pva@provisionarch.com14961 Yonge St. Unit B, Aurora, ON L4G 1M5DEVELOPMENT AT2021/01/222017 PRO VISION ARCHITECTURE INC.1/12/2023 2:43:53 PM1/4" = 1'-0"A0.03D VIEWS - ROOF211140428 STEEPLECHASE AVE.AuthorCheckerJAN 2022FCB Groups Inc.17760 Warden Ave, Sharon , Ontario , L0G 1V028 STEEPLECHASE AVE. AURORA. ONBUILDING PERMIT APPLICATIONREVISION SCHEDULENo. Description Date By13D VIEW - ROOF 123D VIEW - ROOF 2Page 23 of 67 DNUPUPWH1160 SFPOOL130 SFBATHROOM619' - 6 7/8"15' - 6 7/8"30' - 0"11' - 3 1/8"6' - 0 1/8"3' - 5"4' - 5"3' - 0"8' - 8 3/8"3' - 11"4' - 4 7/8"4' - 0"13' - 6 7/8"2' - 0"32 SFFOYER3190 SFFAMILY ROOM4122 SFKITCHENETTE453 SFSTAIRS521 SFCHANGE ROOM713 SFSHOWER8459 SFGYM959' - 1 3/4"2' - 0"55' - 1 3/4"2' - 0"20' - 3 5/8"10' - 0"61' - 0"37' - 0"6' - 8"9' - 10"20' - 5 3/8"4' - 0"7' - 11 3/4"6' - 0"4' - 0"7' - 10"8' - 0"14' - 0"8' - 0"9' - 10 1/8"7' - 6"3' - 6"8' - 4"3' - 6"228 SFSTORAGE #12134 SFHALL138 SFFURNACE ROOM955 SFSTAIRS5POOL AREAUNEXCAVATED14' - 11 3/8"3' - 6"15' - 3 1/4"12' - 0"17' - 4"4' - 0"11' - 0 7/8"12' - 10"4' - 6 3/8"133 SFSTORAGE #23259 SFSTORAGE #34PROJECT NO:DRAWN BY:CHECKED BY:CLIENT'S NAME & ADDRESS:SHEETOFSHEET TITLESCALE:DATE:12341234ABCPROJECT STATUS:PROJECT ADDRESS:PROJECT NAME:Copyright Pro Vision Architecture Inc., O.A.A Duplication or reproduction by any means without the express written consent of Pro Vision Architecture Inc., OAA is a violation of Federal and international law. The information contained on this document are the intellectual property of Pro Vision Architecture Inc., OAA and all rights thereto are Reserved.COPYRIGHT:PRO VISION ARCHITECTURE INC.T:(416)800-6347 F:(416)800-9625Email: pva@provisionarch.com14961 Yonge St. Unit B, Aurora, ON L4G 1M5NEW PROPOSED ACCESSORY BUILDING FOR2023/01/122020 PRO VISION ARCHITECTURE INC.1/12/2023 2:44:00 PM3/16" = 1'-0"A1.1POOL HOUSEPLANS211140428 STEEPLECHASE AVE.DE,DEJAN 2022FCB Groups Inc.17760 Warden Ave, Sharon , Ontario , L0G 1V028 STEEPLECHASE AVE. AURORA. ONBUILDING PERMIT APPLICATION3/16" = 1'-0"1POOL FLOOR PLAN3/16" = 1'-0"2BASEMENT3/16" = 1'-0"3ROOF PLANREVISION SCHEDULENo. Description Date ByPage 24 of 67 POOL FLOORPLAN974' -2 5/8"U/S OF ROOF986' -0 3/4"POOL FLOORPLAN974' -2 5/8"U/S OF ROOF986' -0 3/4"POOL FLOORPLAN974' -2 5/8"U/S OF ROOF986' -0 3/4"POOL FLOORPLAN974' -2 5/8"U/S OF ROOF986' -0 3/4"4.48 mPROJECT NO:DRAWN BY:CHECKED BY:CLIENT'S NAME & ADDRESS:SHEETOFSHEET TITLESCALE:DATE:12341234ABCPROJECT STATUS:PROJECT ADDRESS:PROJECT NAME:Copyright Pro Vision Architecture Inc., O.A.A Duplication or reproduction by any means without the express written consent of Pro Vision Architecture Inc., OAA is a violation of Federal and international law. The information contained on this document are the intellectual property of Pro Vision Architecture Inc., OAA and all rights thereto are Reserved.COPYRIGHT:PRO VISION ARCHITECTURE INC.T:(416)800-6347 F:(416)800-9625Email: pva@provisionarch.com14961 Yonge St. Unit B, Aurora, ON L4G 1M5NEW PROPOSED ACCESSORY BUILDING FOR2023/01/122020 PRO VISION ARCHITECTURE INC.1/12/2023 2:44:12 PM1/4" = 1'-0"A1.2ELEVATIONS211140428 STEEPLECHASE AVE.DE,DEJAN 2022FCB Groups Inc.17760 Warden Ave, Sharon , Ontario , L0G 1V028 STEEPLECHASE AVE. AURORA. ONBUILDING PERMIT APPLICATION1/4" = 1'-0"1EAST ELEVATION1/4" = 1'-0"2WEST ELEVATION1/4" = 1'-0"3SOUTH ELEVATION1/4" = 1'-0"4NORTH ELEVATIONREVISION SCHEDULENo. Description Date ByPage 25 of 67 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 2 -36 _______________________________________________________________________________________ Subject: Minor Variance Application Rallis 12 Buchanan Crescent Lot 154, Plan 65M-2376 MV-2022-36 Prepared by: Katherine Gatzos, Planner Department: Planning and Development Services Date: July 13, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the development of a cabana accessory structure. The following relief is being requested: a) Section 7.2 of the Zoning By-law requires a minimum exterior side yard of 6.0 metres. The applicant is proposing a cabana accessory structure which is 1.3 metres to the exterior side property line. Background Subject Property and Area Context The subject property, municipally known as 12 Buchanan Crescent, is a corner lot located on the east side of Buchanan Crescent, south of Hollingshead Drive. The subject lands currently accommodate an existing two-storey single detached dwelling with an attached two car garage, an inground pool, and an existing cabana for which the subject variance has been applied for. The subject lands have an approximate area of 569.9 sq m (6,134 sq ft) and a frontage along Buchanan Crescent of 18.7 m (61.35 ft). Page 26 of 67 July 13, 2023 2 of 7 Report No. MV-2022-36 Proposal The applicant has requested a reduced exterior yard setback in order to accommodate an existing one-storey rear yard accessory structure, being a cabana with a gross floor area (GFA) of 28.6 sq m (308 sq ft) and a building height of 2.4 m (8 ft). The Owner constructed the existing cabana without a building permit. Subsequently, the Town of Aurora received a complaint on the proposed structure. In response to this, the Owner submitted a Minor Variance application in late 2022 in order to bring the structure into compliance. The application in late 2022 was deferred pending on the Owner to provide a survey to confirm the exterior yard setback measurement. The survey was conducted in March 2023 which determined the exterior yard setback of the cabana to be 1.3m, as assessed through this Minor Variance report. Official Plan The subject property is designated as ‘Stable Neighbourhood’ in the Town of Aurora Official Plan. Stable Neighbourhoods are to be protected from incompatible forms of development but are permitted to evolve over time. Accessory structures including cabanas are permitted. Zoning The subject property is zoned “Detached Third Density Residential R3 (28)” in the Town of Aurora’s Zoning By-law 6000-17, as amended. Similar to the parent R3 zoning, site specific zoning (28) permits accessory structures and requires a 6m exterior side yard setback for accessory structures. Preliminary Zoning Review A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building Division. The PZR identified the required variance, and no other non-compliance was identified. Applicant’s stated reason(s) for not complying with the Zoning By-law As stated on the application form, “I was unaware of the zoning by-laws requirements pertaining to corner lot facing road and was under the impression that I was complying by all of the rules and regulations. Unfortunately, I started construction and now unable to move my structure.” Page 27 of 67 July 13, 2023 3 of 7 Report No. MV-2022-36 Planning Comments Planning staff have evaluated Minor Variance Application MV-2022-36 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: a) The proposed variance meets the general intent of the Official Plan The intent of the Official Plan “Stable Neighbourhoods” designation is to ensure that residential neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced and evolve over time. Planning staff are of the opinion that the proposed variance will not negatively impact the character of the neighbourhood. The existing cabana analyzed through this Minor Variance is modest in scale and a solid wood fence screens a majority of the cabana from the public realm. There are no concerns around privacy, and the overall impacts to the streetscape and public realm are negligible. The cabana does not impact the residential character of the neighbourhood, is a permitted use, and supports the Official Plan by being accessory and subordinate in nature while activating amenity area on the property. Based on the above, staff are of the opinion that the requested variance is in keeping with the general intent of the Official Plan. b) The proposed variance meets the general intent of the Zoning By-law Accessory structures, including cabanas, are permitted within the “Detached Third Density Residential R3(28)” zone within the Town of Aurora’s Zoning By-law. The intent of the side yard setback provision is to ensure appropriate and adequate spacing for privacy, landscaping, access, and drainage between abutting properties. The subject property is a corner lot, and the cabana has been constructed in the north -west corner of the property. Staff are of the opinion that the deficient side yard setback will not result in any conflicts from a building separation standpoint as the exterior side yard is not abutting a neighbouring residential property, but instead, a public thoroughfare (Buchanan Crescent). The rear yard setback for the cabana (which shares a mutual property line with an adjacent neighbouring property to the north) complies to the Zoning By-law and does not require a variance. As an accessory structure, the Zoning By-law also specifically permits a setback of 1 metre to the rear property line. The Zoning By-law recognizes that a reduction in setback for accessory structures is often required to allow the open space of a yard to be maintained. The intent of the exterior side yard setback is to ensure adequate separation for public spaces including sidewalks, daylight triangles or Page 28 of 67 July 13, 2023 4 of 7 Report No. MV-2022-36 roadways, but in the context of the subject property the exterior side yard is already fenced, screened, separated from public facilities and protected such that the proposed will have no interference on the public realm. Further, the existing cabana complies with all other zoning provisions including setback requirements, building height, and lot coverage. As such, staff are of the opinion that the proposed Minor Variance maintains the general intent and purpose of the Zoning By-law. c) The proposed variance is considered desirable for the appropriate development of the land The existing cabana was constructed to serve as an accessory to the owner’s existing in- ground swimming pool located in the rear yard of the property. Planning staff note that several other properties within the local neighbourhood contain rear yard accessory buildings as well as swimming pools. As such, staff consider the cabana as proposed to be consistent with the surrounding area from a built form and character standpoint. As this is an as-built structure, the Town’s Engineering Services Division has requested a site grading plan prepared by a professional engineer or qualified engineering professional confirming that the existing drainage pattern at the property has been maintained and that any changes in the grading due to the site works will not result in any adverse impacts on adjacent properties. In addition to this, the Engineering Services Division is also looking to confirm that any roof drain downspout(s) on the proposed structure will be located away from the property line to avoid direct outlet of water ont o any adjacent property. As such, Planning staff have included a condition of approval requiring the owner to submit a site grading plan prepared by a professional engineer or qualified engineering professional demonstrating such, to the satisfaction of the Director of Planning and Development Services. Given the condition which has been added, the nature, scale and location of the cabana, staff have no concerns and believe the proposal is desirable for the appropriate development of the land. d) The proposed variance is considered minor in nature The question of the minor nature of a proposed variance can be related to its scale and impact on adjacent properties. In the opinion of staff, the requested variance is considered to be minor and is not expected to have any adverse effects on the subject lands, neighbouring properties, or the character of the existing neighbourhood as a whole. Page 29 of 67 July 13, 2023 5 of 7 Report No. MV-2022-36 The owner has confirmed that the cabana will not include the addition of windows, which is reflected on the submitted floor plan (Appendix ‘B’). Further, the cabana is screened by a solid wooden fence along the rear and exterior yard boundaries, meaning it is not overtly visible from the streetscape and privacy concerns are mitigated. Although the cabana is located closer to the side yard property line than the By-law permits, staff are of the opinion that given the location, scale and height, the cabana is not considered to be visually obtrusive. Further, the cabana is non-habitable space and is truly minor, insubordinate, and unobtrusive to the property itself and neighbourhood at large. As such, staff are of the opinion that the requested variances are minor in nature. Additional Comments The minor variance application was circulated to Town Department/Divisions and to external agencies for review and comment. The following comments were provided: Department or Agency Comments Building Division Preliminary Zoning Review was completed. No objections. Engineering Division No objections with condition. Operational Services (Parks) No objections. Operational Services (Public Works) No objections. Central York Fire Services No objections. York Region No objections. LSRCA No objections. Alectra No objections. Public Correspondence Page 30 of 67 July 13, 2023 6 of 7 Report No. MV-2022-36 Written submissions were received at the time of writing of this report. Should additional 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 Planning staff have reviewed the application with respect to the Section 45 (1) of the Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested variance meets the four tests of the Planning Act for granting of min or variances. Staff recommend approval of the requested variance subject to the conditions outlined in Appendix ‘A’. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan Page 31 of 67 July 13, 2023 7 of 7 Report No. MV-2022-36 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2022-36 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property in conformity with the plan attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of Planning and Development Services or designate. 2. That the owner at its sole cost and expense provide a report along with a grading and drainage plan prepared by a Professional Engineer demonstrating that the drainage pattern on site has been maintained and the structure and any associated grading work completed at site shall not cause any adverse impacts on the drainage of the adjacent properties, to the satisfaction of the Director of Planning and Development Services. Page 32 of 67 Page 33 of 67 Existing 12" Diameter ConcreteFoundation Post Min 7' Deep15 M @ 16"± C/C15 M @ 16"± C/C8" CONCRETE SLABON 8" - 34" CRUSHER RUNGRAVEL COMPACTED.Existing Reinforced Concrete SlabOn Grade, 8" Thick and ±10" Thickat Perimeter. 15M Rebar installedboth ways at ±16" spacing.Sonotube is 7' Deep3 # 15 M Bars.CHANGINGROOMWASHROOMPOOL EQUIPMENT A2"x4" WOOD FRAMING WALLUSE WATER RESISTANT DRYWALLTYPICAL 3 SIDESOPEN SPACEUNDER THE BEAM4-2"x4"Wood Postsecure to plateand beam2"x8" JoistSpaced At 16" .3-2"x 10" wood Beam .58" Plywood completedwith roof shinglesAs Built Slab On GradeSlab 32MPA concrete isover 34" Clear Stone±36" Deep over virgin soil.no cracks found in the slab2"X4" WOOD PLATE BOLTED TOCONCRETE SLAB USING 1/2" WEDGEANCHORS, 3 1/2" MINIMUM EMBEDMENTSPACED AT ±36"34" Clear Stone ±36" DeepVirgin soil.Shingles OverIce&WatershieldOver 34" Plywood.2-2"x 4" Top Plate .Metal Drip Flashing2"x4"Wood wallsecure to top andbottom platesPROJECT No.: 22N-08SCALE: NTSDATE: JULY.2022PAGE: 3 OF 3DRAWN BY: A.SDRAWING NO : S3CABANA DESIGNAT 12 BUCHANAN CRES,AURORA, ON,CHECKED BY: J.SFOUNDATION SLAB (As-Built):FLOOR PLAN:Section A-A :NOTES:-CONSTRUCTION TO BE IN ACCORDANCE WITH THE LATESTEDITION OF ONTARIO BUILDING CODE-WALL TO BE CONSTRUCTED FROM 2"X4" WOOD STUDS SPACED AT @±16" O.C. C/W 2X4 SILL PLATE PLUS 2- 2X4 HEADER-IN MY OPINION AND ENGINEERING JUDGEMENT, THE SUB-GRADEUNDER SLAB ON GRADE WILL SUPPORT THE SLAB AND THEPROPOSED CABANA, CONSTRUCTION OF FOOTINGS WILL HAVENO IMPACT OF THE SLAB ON GRADE, BECAUSE THE SLAB ISRESTING OVER GRAVEL OVER VIRGIN SOIL.-NOTIFY THIS ENGINEER FOR INSPECTIONNamcan Engineering andConstruction Management Ltd.john@namcanengineering.ca416 845 8121J.M. SKAFFAug 18, 2022PR20221023Sept. 7, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAshley VanderwalAPPROVED BY:Page 34 of 67 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV -2023 -26 _______________________________________________________________________________________ Subject: Minor Variance Application Vali 14889 Yonge Street PLAN 340 LOTS 3 & 4 File: MV-2023-26 Prepared by: Kenny Ng, Planner Department: Planning and Development Services Date: July 13, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to permit the operation of a Pet Service (animal day care for dogs) that features an outdoor play area and overnight accommodation for the animals. A conceptual site plan and floor plan are attached as Appendix ‘B’ to this report. The following relief is being requested: a) Under the definition of Pet Services in the Zoning By-law, the use requires: i. that it be placed within a wholly enclosed building. ii. that animal day cares shall not include overnight accommodation. The applicant is proposing an outdoor play area for the pet services and overnight accommodation for animals. Background Subject Property and Area Context The subject lands are municipally known as 14889 Yonge Street and are located on the east side of Yonge Street, southeast of the intersection of Yonge Street and Royal Road. The subject lands have an approximate lot area of 1,392.8 square metres (0.34 acres), and an approximate lot frontage of 30.48 metres (100 feet) along Yonge Street. The Page 35 of 67 July 13, 2023 2 of 7 Report No. MV-2023-26 property currently contains a vacant, one-storey structure, which was previously used as a restaurant, lounge and dance club. The structure has an approximate gross area of 635.27 square metres (6,838 square feet), as is part of an established commercial area along Yonge Street. Proposal While Pet Services are permitted at the location, the applicant is proposing to offer overnight accommodation as well as a fenced outdoor play area at the east side (rear) of the building. Official Plan The subject lands are designated as part of the “Aurora Promenade” by the Town of Aurora Official Plan, and are further designated “Promenade General” in the Aurora Promenade Secondary Plan Area. The purpose of the “Promenade General” designation is to encourage a variety of service and commercial opportunities, with Pet Services being permitted. Zoning The subject property is zoned “Service Commercial – C3” by Zoning By-law 6000-17, as amended. The zone specifically permits Pet Services. Preliminary Zoning Review A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building Division. The PZR identified the required variances and no other non- compliance was identified. Applicant’s stated reason(s) for not complying with the Zoning By-law As stated on the application form, “The primary business will be operated in the wholly enclosed building complying with the existing by law, however we request the added service offering of outdoor pet relief/play area (similar to childcare centres) as well as overnight boarding services for which the PZR concluded a minor variance is required.” Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-26 pursuant to the prescribed tests as set out in Section 45(1) of the Planning Act, as follows: Page 36 of 67 July 13, 2023 3 of 7 Report No. MV-2023-26 a) The proposed variances meet the general intent of the Official Plan The intent of the “Promenade General” designation is to promote transformation into a vibrant mixed-use area that offers a variety of service and commercial amenities. Buildings and sites within the “Promenade General” designation are encouraged to accommodate an array of uses. High activity uses that animate the streetscape and encourage foot traffic, like retail uses, are encouraged. The “Promenade General” designation permits for commercial uses including retail stores, restaurants and personal services. Pet service is categorized as a service commercial use and recognized as a permitted use within the designation. The existing building is currently vacant, with soft landscaping features (shrubs , bushes and trees) and a fence erected on the rear lot line, providing some level of buffering to the abutting residential dwelling (7 Royal Road). The animal outdoor play area is proposed to be located in the rear area (east) of the building, and will be surrounded entirely by a privacy wooden fence. It is Planning Staff’s opinion that the proposed variances are not anticipated to result in any significant negative impacts on the character and streetscape of the existing neighbourhood, nor result in any incompatibility concerns. The new use will occupy a currently vacant commercial property, and will animate the streetscape. There are already a variety of commercial uses surrounding the property, including a supermarket, convenience retail, restaurants, service commercial, commercial office, etc., and the Pet Service will contribute to the Official Plan goal of promoting an array of commercial uses and economic development opportunities. The proposed dog day care operation which permits overnight accommodation and outdoor play area is not expected to result in substantial impact to the surrounding context and character of the neighbourhood. The overnight accommodation will be a supplementary portion of the animal day care business and the animals staying overnight on site will be kept to a minimal amount. Adequate buffering is provided through the provision of a wooden fence screening the outdoor play area, the area will also be located away from public view, which avoids direct conflict and impact to the public realm and nearby residents. The building is also proposed to be updated with state of the art HVAC and other mechanical components to ensure the efficient operation of the business without any potential adverse effects. Overall, the requested variance fulfills the goal of the Official Plan in permitting a service commercial use and allows for a vacant, underutilized building and site to be used to enhance the commercial activity and vibrancy of the area, in line with the goals of the Aurora Promenade. Page 37 of 67 July 13, 2023 4 of 7 Report No. MV-2023-26 As such, Staff are of the opinion that the proposed variances meet the general intent of the Official Plan. b) The proposed variances meet the general intent of the Zoning By-law The intent of the Zoning By-law provision to require that Pet Services be placed within a wholly enclosed building is to mitigate potential impact of animals to adjacent properties, with the main concern being noise and odour. As noted by the applicant, the use of the outdoor play area will be minimal and as required on a rotating basis for the dogs that are being cared for. The allocated outdoor time will be for half an hour and two times a day, one in the morning and one in the afternoon. There is no intended outdoor play use after business hours. As shown on the site plan and submitted supporting documents, the outdoor play area will be surrounded by privacy wooden fence to ensure secure enclosures. The play area will also be installed with turf and cleaning protocol is regularly scheduled to ensure elimination of any potential unpleasant odour. It is also noted that the outdoor play area is not directly abutting the residential dwelling to the east, but rather separated by a detached garage and driveway on the adjacent property. The applicant has also indicated that they have been in discussions with the closest residential neighbour to outline their business model and commitment to high-quality and respectful service. The intent of the by-law provision to not permit overnight accommodation in animal day care operation is to prevent large number of animals being left in facilities unmonitored. Traditionally, Pet Service uses as defined by the Zoning By-law included aesthetic care or training, but the demand and market for businesses like Dogtopia has changed such that the Zoning By-law provision does not reflect emerging trends of the industry in having a “one stop shop” approach for services. As confirmed by the applicant, overnight boarding use is intended as a supplementary portion of the business, overnight stay will range from 5 to 15 dogs at a given time, and will always be monitored. In summary, the proposed animal day care is not expected to adversely impact any existing or future adjacent uses. The outdoor play area will be screened and enclosed by a privacy wooden fence, cleaning protocol will be employed to prevent unwanted odour, while the hour of outdoor time is strictly scheduled and closely monitored by store staff. The overnight accommodation will be a supplementary function of the animal day care and the entire building will be monitored. The noise study recommended condition of approval in Appendix ‘A’ of this report will provide further analysis and recommend any applicable mitigation measures for further noise analysis as well. Staff also note the former use of the site included a restaurant, lounge and dance club, with the property being established for commercial purposes already. It is anticipated that the animal day care business will help support the surrounding community by providing an additional Page 38 of 67 July 13, 2023 5 of 7 Report No. MV-2023-26 amenity within the vicinity, while also supporting the economic development initiatives of the Town. As a result of the above, staff are of the opinion that the requested variances are in keeping with the intent of the Zoning By-law. c) The proposed variances are considered desirable for the appropriate development of the land Staff are of the opinion that the proposed variances are desirable, as the new animal care centre will provide an important service amenity to the residents within the surrounding neighbourhood, all while reducing automobile dependence as the provided animal care will be accessible to residents in close proximity. The overall location of the site and buffering of the proposed outdoor play area is sufficient from a land use compatibility perspective, while the required noise study as a condition of approval can provide additional detailed analysis to further confirm compatibility. The overnight accommodation will be limited in number and the overnight animals on-site will be monitored to prevent any incident from occurring. Overall the proposal will replace a vacant and currently underutilized site and assist with a positive commercial experience in the Aurora Promenade area. Given the above, staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lands. d) The proposed variances are considered minor in nature The proposed variances to permit overnight accommodation and outdoor play area are considered minor in nature, as the overnight operation will be limited in size and remain supplementary and incidental to the main business function, while the outdoor play area will be entirely enclosed by a privacy fence and buffered by existing landscaping. The new animal day care operation is not anticipated to adversely impact the function and characteristics of the surrounding area, given the scale and extent of the operation, as well as the provision of fencing as buffering for the outdoor play area to adjacent uses. The recommended conditions contained in Appendix ‘A’ require the applicant to prepare a detailed noise study which will help to further ensure land use comp atibility between the proposed operation and surrounding residential and commercial properties, and also obtain necessary site plan approval. This will ensure that the proposed development does not hinder any existing uses in the immediate neighbourhood. As such, staff are of the opinion that the requested variances are minor in nature. Page 39 of 67 July 13, 2023 6 of 7 Report No. MV-2023-26 Additional Comments The minor variance application was circulated to Town Department/Divisions and to external agencies for review and comment. The following comments were provided: Department or Agency Comments Building Division Preliminary Zoning Review was completed. No objections. Engineering Division No objections. Operational Services (Parks) No objections. Operational Services (Public Works) No objections. Central York Fire Services No objections. York Region No objections. LSRCA No objections. Public Correspondence Written submissions 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 Planning staff have reviewed the application with respect to the Section 45 (1) of the Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested variance meets the four tests the Planning Act for granting of minor variances. Please refer to Appendix ‘A’ for recommended conditions of approval for the requested variance. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan Page 40 of 67 July 13, 2023 7 of 7 Report No. MV-2023-26 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-26 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property, in conformity with the plan(s) attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of Planning and Development Services or designate; and 2. That the Owner shall obtain all necessary Site Plan approval from the Town Development Planning division to the satisfaction of the Director of Planning and Development Services or designate; and 3. That the Owner provide a noise study to demonstrate that existing land parcels in proximity will not be negatively impacted as a result of the proposed development. The study will provide recommended mitigation measures to the satisfaction of the Director of Planning and Development Services or designate; and 4. That the Owner shall obtain a business license for a kennel from the Town By-law department. Page 41 of 67 DNUPDNupUPUPGFA = 1694 SFUSEABLE = 1550 SFGFA = 5446 SFUSEABLE = 5091 SFFDUTILITY111TOYBOX110SPA104MULTI PURPOSE105UNIVERSALWASHROOM106STORAGE109EVALUATIONEVALUATIONROMPER ROOMGYMSTAIRVESTIBULE4'-0"DN1'-6"3'-214"3'-11"UNIT #2DOGTOPIAUNIT #1BONE AND BISCUITUNIT # 2DOGTOPIAGFA GF + SF = 6073 SFUSEABLE GF = 5091 SFUNIT # 1BONE AND BISCUIT GFA = 1694 SFUSEABLE = 1550 SF'OFFICE'SECOND FLOORGFA = 700 SFPage 42 of 67 Page 43 of 67 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. C -202 3 -03 _______________________________________________________________________________________ Subject: Consent Application Gottardo 404 (Aurora) Inc. 125-175 Eric T Smith Way Part Lot 3 and Part Block 11, Plan 65M-4324 File: C-2023-03 Related Planning Applications: MV-2023-21; SP-2023-03 Prepared by: Adam Robb, MPL, MCIP, RPP, CAHP, Senior Planner Department: Planning and Development Services Date: July 13, 2023 _______________________________________________________________________________________ Application The purpose of the consent application is to sever portions of the property municipally known as 125-175 Eric T Smith Way to create two (2) new parcels (Parcel “A” and “B”) and retain a portion of the lands (Parcel “C”). The proposed consent will result in three (3) distinct parcels, as shown in the attached Appendices and further identified as follows: a) Parcel “A” – Staybridge Hotel The proposed severed parcel is identified as Parts 3 through 10 on the draft plan of consent (Appendix B). The purpose of Parcel A is to accommodate a future 125- unit Staybridge Hotel. Parcel A has a total area of 0.894 hectares. b) Parcel “B” – Internal Roadway Access from Eric T Smith Way The proposed severed parcel identified as Parts 1 and 2 on the draft plan of consent (Appendix B). The purpose of Parcel B is to a north-south private roadway with private infrastructure that will connect to Eric T Smith Way to service Parcel A and Parcel C. Parcel B has a proposed lot area of 0.135 hectares. c) Parcel “C” – Retained Parcel for future use The proposed retained parcel is identified as Parts 11 through 14 on the draft plan of consent (Appendix B). Parcel C has a proposed lot area of 1.069 hectares and will be retained for a future use. Page 44 of 67 July 13, 2023 2 of 8 Report No. C-2023-03 Background Subject Property and Area Context The subject property has a lot area of approximately two (2) hectare and it is located on the south side of Eric T Smith Way, at the eastern terminus of the road. The property is irregular in shape and has a frontage of 13.3 metres with an existing access from the cul- de-sac of Eric T Smith Way. The size of the parcel then widens out further to the south. The lands are directly west of Highway 404 and considered part of the Hallgrove Business Park area, which is bound more broadly by the arterial roads of Wellington Street East to the north and Leslie Street to the west. The subject property is currently vacant but surrounded by existing employment/business park uses. Proposal The consent application proposes to sever the property as follows: Parcel Origin Lot Area General Dimensions Purpose and Intended Function Parcel “A” (hotel) Severed 0.894 hectares 75 metres deep by 123 metres wide Site proposed for a future 125-unit Staybridge Hotel Parcel “B” (roadway) Severed 0.135 hectares 102 metres deep by 13.3 metres wide Existing entryway point from Eric T Smith Way, intended to provide access for Parcels “A” and “B” Parcel “C” (future use) Retained 1.069 hectares 85 metres deep by 110 metres wide Retained site able to accommodate a future employment/Business Park use Related Planning Applications The applicant has concurrently submitted a minor variance application (MV-2023-21) for review by the Committee of Adjustment. This minor variance application relates to certain design elements of the proposed hotel itself, but also addresses technical matters related to lot area and frontage of the new parcel fabric of the site. The requested variances are considered minor and appropriate for the development of the lands, as further outlined in the separate report for MV-2023-21. The proposed applications for consent and minor variance must be addressed concurrently, and the appropriate condition of approval of Page 45 of 67 July 13, 2023 3 of 8 Report No. C-2023-03 the consent has been added, as relief for reduced lot area and frontage are necessary to ensure compliance of the lots that are proposed to be created. Additionally, a site plan application (SP-2023-03) has been submitted to the Town in regard to the proposed hotel development on Parcel “A”. This site plan application is still undergoing a detailed review by the Town and external agencies, but the proposed consent and related minor variance application are required in order to facilitate the development of the site. The proposed hotel is a permitted use that would help support the business park area and function of the employment lands. To date, no development application has been received for Parcel “C”. 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 Business Park designation is intended to provide opportunities for a mix of high-quality employment uses and a variety of supporting commercial and community facilities geared to meeting the needs of residents, businesses, and employees. The designation specifically permits hotels and supports the creation of lots that are able to provide opportunities for employment uses in Town, with access and visibility from Highway 404. Zoning The subject lands are zoned “Business Park E-BP (349) Exception Zone” in the Town’s Comprehensive Zoning By-law 6000-17. The zoning specifically permits hotels, as well as other employment and related uses. Preliminary Zoning Review A Preliminary Zoning Review (PZR) was undertaken by the Building Services Division prior to submission of the subject application. The PZR confirmed the necessary compliance for the consent application, and identified minor variances related to the development of the lands that are concurrently presented to the Committee of Adjustment for review under application MV-2023-21. 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: Page 46 of 67 July 13, 2023 4 of 8 Report No. C-2023-03  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  The dimension and shape of the proposed lots  Adequacy of utilities, municipal services, highways and access Based on a review of the Planning Act criteria, staff have no concerns with the proposed consent application, and it is the opinion of staff that the proposed consent represents good planning that will be able to support employment opportunities and economic development within the Town. The following supporting rationale is provided: Matters of Provincial Interest: The Provincial Policy 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 is able to facilitate 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 is occurring 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. 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. Similar employment uses on Eric T Smith Way have received consent approvals as part of the logical development of the area, and the proposed consent ensures appropriately sized parcels are available able to accommodate multiple employment uses. No resulting negative impacts are anticipated to the adjacent area. 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. Page 47 of 67 July 13, 2023 5 of 8 Report No. C-2023-03 Suitability of the land for the purpose in which it is to be subdivided and adequacy of utilities, municipal services, highways and access: Town staff have confirmed that municipal services are available to accommodate the proposed consent application. The lands are also suitable from a land use designation and compatibility perspective, as they are part of an approved and established business park location. Private local roads provide appropriate access to the site, with there also being appropriate nearby connection to Highway 404 to help support the employment function of the lands. Internally, a private roadway (Parcel “B’”) is also provided, and access and egress through this Parcel will be made available through the technical review and related site plan agreement preparation for the development of the lands. Staff is also requiring the Owner to enter into a common elements condominium for Parcel B to establish the long-term rights and responsibilities of those lands. Each individual parcel will have individual water metering for the future use. Overall, staff are of the opinion that the lands are suitable for the purpose in which it is to be subdivided and that appropriate services and access are available to support the efficient and optimal function of the lands and intended uses. The dimension and shape of the proposed lots: The proposed severed and retained lots are shaped in a manner that will be able to facilitate future employment land uses in an appropriate and desirable way. Parcel “B” specifically provides for internal roadway access and suitably connects with both Parcels “A” and “C”. Parcels “A” and “C” are also appropriately configured to maximize views and vistas from Highway 404, while being sized in a manner that adequately accommodates the proposed hotel use (Parcel “A”), and also has a large retained lot area that meets Zoning By-law size requirements for Parcel “C” as a future employment site. The consent allows for the efficient and optimal use of the land in terms of generating employment opportunities and contributing to the economic development of the Town. Planning staff are of the opinion that the dimension and shape of the proposed lots is appropriate , and in fact desirable as part of the wise use of land. 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 was completed. Page 48 of 67 July 13, 2023 6 of 8 Report No. C-2023-03 Department or Agency Comments No objections. Engineering Division No objections. Operational Services (Parks) No objections. Operations (Public Works) No objections. Central York Fire Services No objections. York Region No objections. LSRCA No objections. Public Correspondence Written submissions 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 No. C-2023-03 subject to the conditions attached (Appendix ‘A’). Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Proposed Draft Plan of Consent Appendix ‘C’ – Highlighted and Colour-coded Plan of Consent Appendix ‘D’ – Location Map Page 49 of 67 July 13, 2023 7 of 8 Report No. C-2023-03 Appendix ‘A’ – Recommended Conditions of Approval The following conditions related to C-2023-03 shall be fulfilled 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: 1. That the consent only applies to the subject property in conformity with the plans attached as Appendix ‘B’ this this report, to the satisfaction of the Director of Planning and Development Services or designate. 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. That the Owner provide written confirmation of the required $238.00 being paid to the Town’s Legal department, to the satisfaction of the Secretary-Treasurer; 4. That the Owner provide the Secretary-Treasurer a total of four (4) white prints of a deposited Reference Plan for review, showing the subject lands, which conforms substantially to the approved consent application. 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 will lapse in accordance with the Planning Act s. 53 (43). 5. That the Owner is to provide the Secretary-Treasurer with the required draft transfers to effect the severance applied for under File C-2023-03 in duplicate, conveying the subject lands, and issuance by the Secretary-Treasurer of the certificate required under section 54 (42) of the Planning Act. Section 50 (3 or 5) of the Planning Act applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent. 6. That the Owner enter into a Letter of Undertaking to acknowledge the understanding that the Owner will be required to pay cash-in-lieu of Parkland, development charges, municipal service connection fees and any other fees as required per the Town’s Fees and Charges By-law to the satisfaction of the Director of Planning and Development Services. 7. Furthermore, the Owner enter into a Letter of Undertaking to acknowledge the understanding that the Owner will be required to register a Common Element Page 50 of 67 July 13, 2023 8 of 8 Report No. C-2023-03 Condominium for Parcel B on title to the satisfaction of the Director of Planning and Development Services. 8. That the Owner obtain relief from the provisions of the Zoning By-law as set forth in the concurrent and related Minor Variance Application MV-2023-21. Page 51 of 67 Page 52 of 67 PARCEL B - SEVERANCE (TRANSFER) 50% OWNERSHIP 1345.2 SM (0.135 HA) PARCEL A - SEVERANCE 100% HOTEL OWNERSHIP 'GATTARDO HOTEL AND RESORT (2022) INC' 8937.6 SM (0.894 HA) PARCEL C - RETAINED 100% SHERIFF CORPORATION 10692.1 SM (1.069 HA) PARCEL A (hotel) PARCEL C (retained future use) PARCEL B (access) Page 53 of 67 ¬«A ¬«B ¬«C E r ic T S m i t h W a y Goulding AvenueEric T Smith Way Highway404320 95 75635545 33 161 180 175 205 30 Map created by the Town of Aurora Planning and Development Services Department, 5/15/23. Base data provided by York Region & the Town of Aurora. St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive ^ Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd Document Path: J:\data\data\Committee of Adjustment Maps\D10 Consents\2023 Consents\C-2023-03 - 125 & 175 Eric T Smith Way.mxd LOCATION MAP175 ERIC T SMITH WAY FILE: C-2023-03TOWN OF AURORA COMMITTEE OF ADJUSTMENT PARENT PARCEL(175 ERIC T SMITH WAY)PARCEL A - SEVERANCE100% HOTEL OWNERSHIP GATTARDO HOTEL AND RESORT (2022) INC. (PARTS 3-10) PARCEL B - SEVERANCE 50% OWNERSHIP (PARTS 1-2)PARCEL C - RETAINED100% SHERIFF CORPORATION (PARTS 11-14) ¯0 30 60 Metres Page 54 of 67 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -21 _______________________________________________________________________________________ Subject: Minor Variance Application Gottardo 404 (Aurora) Inc. 125-175 Eric T Smith Way Part Lot 3 and Part Block 11, Plan 65M-4324 File: MV-2023-21 Related Planning Applications: C-2023-03; SP-2023-03 Prepared by: Adam Robb, MPL, MCIP, RPP, CAHP, Senior Planner Department: Planning and Development Services Date: July 13, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to address technical lotting elements of the related consent application (C-2023-03), and to facilitate the development of a 125-unit Staybridge Hotel on Parcel “A”, as shown in the attached Appendices. The corresponding parcels of the consent application will serve as an internal roadway (Parcel “B”) and a future employment use (Parcel “C”). The following relief is specifically being requested: Parcel “A” – Staybridge Hotel a) Section 10.2 of the Zoning By-law requires a minimum lot area of 1.0 hectares. The applicant is proposing a lot area of 0.894 hectares for Parcel “A”. b) Section 10.2 of the Zoning By-law requires a minimum lot frontage of 60 metres, as measured from Eric T Smith Way. The applicant is technically proposing a lot frontage of 0 metres on Eric T Smith Way, as the parcel is planned to be accessed internally through a newly created roadway. c) Section 10.2 of the Zoning By-law permits a maximum building height of 13.5 metres. The applicant is proposing a building height of 23.4 metres. Page 55 of 67 July 13, 2023 2 of 11 Report No. MV-2023-21 d) Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the north lot line of 3.0 metres. The applicant is proposing a landscaping strip of 0 metres, as landscaping is already provided along that property boundary. e) Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the south lot line of 3.0 metres. The applicant is proposing a landscaping strip of 1.5 metres. f) Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the west lot line of 3.0 metres. The applicant is proposing a landscaping strip of 1.8 metres. g) Section 5.4 of the Zoning By-law requires a minimum of 152 parking spaces. The applicant is proposing 129 parking spaces. h) Section 10.3 of the Zoning By-law requires a minimum of 4 loading spaces. The applicant is proposing 1 loading space. Parcel “B” – Internal Roadway Access from Eric T Smith Way i) Section 10.2 of the Zoning By-law requires a minimum lot area of 1.0 hectares. The applicant is proposing a lot area of 0.135 hectares for Parcel “B”. j) Section 10.2 of the Zoning By-law requires a minimum lot frontage of 60 metres, as measured from Eric T Smith Way. The applicant is proposing a lot frontage of 13.3 metres, as this matches the existing site frontage and the parcel is planned to serve as a roadway only. k) Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the west lot line of 3.0 metres. The applicant is proposing a landscaping strip of 1.65 metres. l) Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the east lot line of 3.0 metres. The applicant is proposing a landscaping strip of 1.85 metres. Parcel “C” – Retained Parcel for future use a) Section 10.2 of the Zoning By-law requires a minimum lot frontage of 60 metres, as measured from Eric T Smith Way. The applicant is technically proposing a lot frontage of 0 metres to Eric T Smith Way, as the parcel is planned to be accessed internally through a newly created roadway. Page 56 of 67 July 13, 2023 3 of 11 Report No. MV-2023-21 Background Subject Property and Area Context The subject property is currently an approximately two (2) hectare parcel located on the south side of Eric T Smith Way, at the eastern terminus of the road. The property is irregular in shape and has a frontage of 13.3 metres with existing access provided from the cul-de-sac of Eric T Smith Way. The size of the parcel then widens out further to the south. The lands are directly west of Highway 404 and considered part of the Hallgrove Business Park area, which is bound more broadly by the arterial roads of Wellington Street East to the north and Leslie Street to the west. The subject property is currently vacant but surrounded by existing employment/business park uses. Proposal A consent application (C-2023-03) is being presented concurrently for review by the Committee of Adjustment, which proposes to sever the existing property and create three (3) distinct parcels. The applicant is proposing to construct a 6-storey, 125-unit Staybridge Hotel on Parcel “A” of the site, which is to be accessed by an internal roadway identified as Parcel “B” (see Appendix B and C attached). Parcel “C” is retained to accommodate a future employment use, with no specific development yet proposed. Variances are required and are to be reviewed concurrently to the consent application in order to address minor lotting elements of the proposed parcel fabric and ensure that as the lots are created, they are done so compliantly. The requested variances will also be able to facilitate the development of the proposed hotel. Related Planning Applications In addition to the concurrent consent application (C-2023-03), a site plan application has also been submitted for the proposed hotel development (SP-2023-03). This site plan application is undergoing detailed review by the Town and external agencies, but the proposed consent and minor variance applications are required in order to facilitate the approval of that site plan application and the ultimate development of the site. The subject lands and surrounding area have also been subject historically to previous consent and minor variance approvals, as summarized: MV-2018-01: Approved a minimum lot area of 0.81 hectares, building height of 23 metres, and parking space reduction to 113 spaces (151 required), to facilitate a six-storey hotel on Eric T Smith Way (Holiday Inn Express). Page 57 of 67 July 13, 2023 4 of 11 Report No. MV-2023-21 C-2019-02: Approved a severance for 95 Eric T Smith Way (western parcel, now developed) and 125-175 Eric T Smith Way, being the subject parcel as it exists today. MV-2019-08: Concurrent application to C-2019-02 that approved a reduction of lot frontage to 13.3 metres for the severed lands (being the existing 125-175 Eric T Smith Way) and approved a 0 metre landscaping strip along the western lot line of this severed parcel. Although MV-2019-08 already approved a reduced lot frontage and landscape strip along the western lot line, the variances presented now through subject application MV-2023-21 are still required as a technical means of applying to the newly created lot fabric. 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 “Business Park” designation specifically permits hotels as of right, as key employment area uses. Zoning The subject lands are zoned “Business Park E-BP (349) Exception Zone” in the Town’s Comprehensive Zoning By-law 6000-17. The zoning specifically permits hotels as part of the employment land function of the area. Preliminary Zoning Review A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building Division. The PZR identified the required variances and no other non-compliance was identified. Applicant’s stated reason for not complying with the Zoning By-law As summarized from the application package, the proposed consent, minor variance and site plan is to offer a permitted employment use as part of newly created parcels with access from Eric T Smith Way. The requested variances are consistent with adjacent land uses and permissions and address technical lotting aspects specifically due to the unique configuration of the existing parcel. Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-21 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: Page 58 of 67 July 13, 2023 5 of 11 Report No. MV-2023-21 a) The proposed variances meet the general intent of the Official Plan The intent of the “Business Park” designation is to provide a mix of employment activities that support the business function of the area and overall economic development of the Town. The Business Park designation further encourages high-quality employment uses that are able to meet the needs of residents, businesses, and employees over the long- term. The proposed hotel use is specifically permitted within this designation and will be able to enhance the high quality, prestige image of the employment area, specifically as this site is able to capitalize on views from Highway 404. The proposed parcel fabric and site configuration provides ample space to accommodate the use, and the associated consent application also helps to support the optimal and wise use of the totality of the subject land to yield the greatest return in terms of employment opportunity and economic development potential. The hotel use will also specifically assist in achieving employment targets of the Town and Region. A key consideration of the “Business Park” designation is to ensure the development priority of lands adjacent to Highway 404, and to encourage high quality building and site design that generally capitalizes on a low to mid-rise building form through this area. The 6-storey, mid-rise building height has already been established within the employment area, through such buildings as the Holiday Inn north of the subject lands, and the “Business Park” designation further encourages the concentration of such uses to establish a high quality and engaging streetscape. The policies of the “Business Park” designation also go further to specifically call for distinctive, landmark buildings to create a striking built presence in this area and visible from Highway 404, which the requested variances help to implement. Through the related site plan application, a full design review of the building will also occur to ensure a high quality built form. With the hotel use being permitted in the “Business Park” designation as of right, and the requested variances helping to support the goals and objectives for the employment area, it is the opinion of staff that the general intent of the Official Plan is upheld. b) The proposed variances meet the general intent of the Zoning By-law The subject lands are zoned “Business Park E-BP (349) Exception Zone”. The (349) exception zone only pertains specifically to the floor area ratio of office building uses, whereas the parent E-BP zone provides specific regulations aimed to support the overall function of the employment area. Hotel uses are specifically permitted in the zoning. A summary of the variances requested and how they meet the general intent of the E-BP zone and overall Zoning By-law is as follows: Page 59 of 67 July 13, 2023 6 of 11 Report No. MV-2023-21 Minimum Lot Areas: The intent of the minimum lot area provision of the Zoning By-law is to ensure that newly created lots are sized appropriately to adequately accommodate potential employment area users. The related consent application proposes three (3) distinct lots, of which minimum lot area variances are required for Parcel “A” being the hotel, and Parcel “B” being the internal roadway. Parcel “A” already has an intended user and site plan application submitted to the Town, with the requested minimum lot area variance able to meet the site needs of the proposed Staybridge Hotel. There are no concerns from a space or separation perspective. Parcel “B” requires this variance from a more technical perspective, as it is intended to serve as an internal roadway, whereas the Zoning By-law minimum lot area requirement of 1.0 hectare is set as a provision to accommodate more larger-scale users. The proposed roadway is an appropriate width to accommodate access in and out of both Parcel “A” and “C” are there are no concerns from a lot area perspective. Additionally, the proposed lot sizes also enable the future development of Parcel “C” to be fully compliant with the minimum lot area requirements of the Zoning By-law, and able to attract and accommodate a future large-scale employment user. The configuration of the parcels and lot sizes also appropriately benefit Parcel “A” and “C” to maximize visibility from Highway 404, which is desirable. Minimum Lot Frontages: The intent of the minimum lot frontage provision is to ensure adequate spacing, proportionality, and separation of buildings along the street. The subject lands as they exist today have a unique configuration and are classified as an irregularly shaped lot, due to the fact that they have an approved 13.3 metre frontage along the cul -de-sac of Eric T Smith Way, and then widen out to a larger lot depth at the south. As mentioned, previous consent application C-2019-02 already approved this reduced lot frontage, but the requested variances are presented now due the creation of the new lots and ensuring the same relief is applied. Specifically for the sites able to accommodate buildings/users, being Parcel “A” and “C”, they still maintain appropriate access themselves from the future internal roadway of Parcel “B”, but they also are configured in an efficient manner to capitalize appropriately on views and proportionality from the “frontage” of Highway 404. Parcel “A” has over 75 metres of area adjacent to Highway 404 and Parcel “C” has over 90 metres. The requested reduction in minimum lot frontage is ultimately only due to the subject lands being located at the terminus of a cul-de-sac, with the proposed still allowing for Page 60 of 67 July 13, 2023 7 of 11 Report No. MV-2023-21 appropriate access and egress and there being no negative impacts to the streetscape. Staff have no concerns with the requested variance. Maximum Building Height: The intent of the building height provision is to ensure that the business park area is designed in a consistent manner with no singular buildings negatively impacting or dominating the streetscape. As mentioned previously, the 6-storey height has already been approved and built within the business park area such that there are no concerns with the requested variance resulting in any negative irregularities or impacts to the streetscape and public realm. The policies of the business park area, as implemented through the zoning, also support a distinctive collection of buildings along Highway 404, which the subject application supports. The proposed hotel is also subject to site plan control, and through the review of the application, staff will ensure that the hotel is designed in an attractive and suitable manner. Minimum Landscaping Strips: The intent of the minimum landscaping strips provision is to ensure that there is appropriate canopy area on the lot, buffering between uses, and a balance of greenspace. The requested reductions in landscape strips are primarily the result of shared property boundaries, where existing or proposed landscape strips are already in place on neighbouring property boundaries so as to adequately meet the intent of the Zoning By- law. As part of the related site plan application, landscape drawings have also been provided for review, with ample canopy area and green amenity space provided such that no negative impacts are anticipated. Since the property is adjacent to Highway 404, an additional 14 metre setback buffer is also provided to the Highway, to help contribute to the open space of the area. Even if this buffer was reduced in the future though through any potential highway widening, the landscaping of the site itself is still done in an attractive manner that prioritizes greenspace and canopy coverage. As mentioned prior, the subject lands at 125-175 Eric T Smith were also already previously subject to an approved consent application from the retained parcel at the west, which maintains an adequate landscape buffer. Additionally, the configuration of the Parcel “B” roadway provides further buffering in of itself, and there is a reduced need for landscape strips due to this internal roadway providing separation such that employment uses are not directly adjacent to one another. The existing property to the north also already maintains a 3 metre landscape strip. Further, the provision for minimum landscaping strips are only the result of multiple consents on the parcel and surrounding area, whereas if the site or larger area was developed without an application for consent, there Page 61 of 67 July 13, 2023 8 of 11 Report No. MV-2023-21 would be no requirement for landscape strips as multiple buildings could just be built on the one lot. Now, based on newly created lot boundaries, even more landscaped area is actually being provided. Previously, the Committee of Adjustment also approved a 0 metre landscape strip for the western lot boundary, whereas the current proposed provides 1.65 metres, in addition to further buffering from the developable Parcel “A” to the internal roadway itself (Parcel “A” provides a 1.8 metre buffer to the roadway Parcel “B” in addition to Parcel “B” then providing a 1.65 metre strip to the further employment use on the western lot line across the road). Technical review of the site plan will also ensure that all other landscape design criteria are met. Overall, staff are of the opinion that there are no negative impacts from the requested variances. Minimum Number of Parking Spaces: The applicant has submitted a parking analysis in support of the minor variance application. This analysis is rooted in a comparison of other similar properties and uses. It has also been noted that the comparable 6-storey Holiday Inn hotel on Eric T Smith Way received minor variance approval for a reduction in parking from the required 151 spaces to the approved 113 spaces, which represents even further relief from what is proposed for this subject minor variance (152 required; 129 provided). The parking supply rate based on the number of hotel rooms and parking spaces for the proposed Staybridge Hotel is also consistent and actually exceeds the levels that have been approved for other hotels in Aurora and across York Region (subject site is 1.03 spaces per room, Holiday Inn at 205 Eric T Smith Way is 0.99, and the 2017 Committee of Adjustment approved Hampton Inn at 4 Don Hillock Drive is 0.93). The analysis provided states that the proposed number of spaces will appropriately accommodate the use, as it pertains to the overnight stay function of the hotel as well as for public uses such as meetings and banquets. The required number of accessible spaces (6) are also complied with by the proposed. Reducing the parking also avoids the unnecessary over-development of the site, and staff do not anticipate any negative impacts based on the parking demand and needs of the use. Minimum Number of Loading Spaces: The intent of the minimum number of loading spaces is to ensure that appropriate loading area is available to accommodate larger-scale employment and distribution type uses. The Zoning By-law requires a certain number of loading spaces based on the gross floor area of a building or structure. The proposed hotel use does not involve intensive distribution or loading, and the requested variance is more technical in nature due to the Zoning By-law not specifically isolating the hotel use from the same loading space Page 62 of 67 July 13, 2023 9 of 11 Report No. MV-2023-21 requirements as other more traditional employment users. Staff have no concerns and anticipate no negative impacts as a result of the subject variance. c) The proposed variances are considered desirable for the appropriate development of the land The proposed variances are considered desirable for the appropriate development of the land as they facilitate a permitted business park use that will help contribute to the economic function and job creation targets of the Town, Region, and Province. The subject property is part of an established business park that benefits from proximity to Highway 404, and the proposed development of the site, in the opinion of staff, represents good planning that will balance local residential growth with prestige employment land development. Appropriate access to the site and parcels is maintained, municipal service connections are available, and visibility from Highway 404 of the prestige development of the area will be upheld. Overall, it is the opinion of staff that the proposed variances are considered desirable for the appropriate development of the land. d) The proposed variances are considered minor in nature The proposed variances are considered minor in nature as they implement the “Business Park” land use designation of the subject property and will result in no negative adverse impacts on the property or surrounding area. The variances uphold the integrity and intent of the Official Plan and Zoning By-law, and facilitate the orderly, efficient, and functional development of the site to the benefit of the Town, Region, residents, employees, and businesses. The requested variances also largely implement approvals that have already been granted as part of the overall intended use of the site and function of the business park area. Overall, it is the opinion of staff that the proposed variances are minor in nature. Additional Comments The minor variance application was circulated to Town Department/Divisions and to external agencies for review and comment. The following comments were provided: Department or Agency Comments Building Division Preliminary Zoning Review was completed. No objections. Engineering Division No objections. Page 63 of 67 July 13, 2023 10 of 11 Report No. MV-2023-21 Department or Agency Comments Operational Services (Parks) No objections. Operational Services (Public Works) No objections. Central York Fire Services No objections. York Region No objections. LSRCA No objections. Public Correspondence Written submissions were not received at the time of writing of this report. Should any 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 Planning staff have reviewed the application with respect to the Section 45(1) of the Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested variance does meet the four tests of the Planning Act for the granting of minor variances. Staff recommend approval of the requested variances subject to the conditions outlined in Appendix ‘A’. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Proposed Plan of Consent (Related Application: C-2023-03) Appendix ‘C’ – Proposed Site Plan Page 64 of 67 July 13, 2023 11 of 11 Report No. MV-2023-21 Appendix ‘A’ – Recommended Conditions of Approval 1. That the variance only applies to the subject property in conformity with the plan attached as ‘Appendix C’ to this Staff Report, to the satisfaction of the Director of Planning and Development Services or designate. 2. That Parcel A have an undisturbed buffer area having a width of 0.6m and a maximum slope of 2% be provided at its north boundary limit adjacent to the northern property in order that the existing boundary elevations are maintained. Such information shall be included in the site plan drawings. No filling up to or upon private lands shall be tolerated unless written permission is obtained from the adjacent Owner. The common boundary elevations along the Parcel A northern property-line shall be mutually beneficial to both properties and agreed to by each party. Infrastructure such as concrete curbs, asphalt and light posts shall not be located within the 0.6m undisturbed buffer area. 3. That a sidewalk be provided in accordance with Town of Aurora Standards to Parcel A, B and C providing each parcel access to Eric T. Smith Way. Page 65 of 67 PARCEL B - SEVERANCE (TRANSFER) 50% OWNERSHIP 1345.2 SM (0.135 HA) PARCEL A - SEVERANCE 100% HOTEL OWNERSHIP 'GATTARDO HOTEL AND RESORT (2022) INC' 8937.6 SM (0.894 HA) PARCEL C - RETAINED 100% SHERIFF CORPORATION 10692.1 SM (1.069 HA) PARCEL A (hotel) PARCEL C (retained future use) PARCEL B (access) Page 66 of 67 7 0 . 6 8 m @ 0. 8 0 % 6 3 . 3 0 m @ 0. 8 9 %THE KINGS HIGHWAY No. 404H.D. CONC. PAVERS REFER TO LANDSCAPE DRAWINGS FOR DESIGN 3.5m x 9.0m x 4.0m (H)LOADING SPACE PACEL A - 76.00mTO BE SEVERED111.61m13.30m PARKING AREA 2 TOTAL 79 STALLS C/W 2 BF STALLS 38.75m FIRE ROUTE 102.17mERIC T. SMITH WAY TAA BA B 14.00m M T O S E T B A C K 1.80m 2.03mEX 9.45m 1.64m 27.74m IS Y S B21.25mIYSB7.00m15.75m ISYSB 5.31m7.00m5.30m5.30m 7.00m 5.30m20.88mISYSB2.70m 1.65m3.65m 1.50m 6.00mSTORM EASEMENT & OVERLAND FLOW/DITCH 1 5 . 0 0m 2.70m1.8m CSW R9.0 m R 1 2 . 0m 7.0m FIRE ROUTE FIRE ROUTE TO BE POSTED DESIGNATED UNDER MUNICIPAL BY-LAW MIN. WIDTH OBC 6.0m R9.0m R12. 0 m 1.8M CSWCD C/W TWSIS R7.2mR7.2mPROPOSED FIRE ROUTE SIGN (F.R.S.) 4574-04. T -NO PARKING TYPICAL. LOCATE AS REQ'D BY CITY. MUST ADHERE TO OBC 3.2.5.6 AND 3.2.5.16 SIAMESE CONNECTION EXISTING HEADWALL, REFER TO CIVIL MTO 14m SETBACK - NO BUILDLANDS TO BE SEVERED - BOWNERSHIP 50% BY PARCEL A AND CPROPOSED SHAREDACCESS / SHARED SERVICES EASEMENTC - LANDS TO BE RETAINEDCANOPY ABOVEOUTLINE OF PROPOSED BASEMENT MAIN ENTRANCE EXIT STAIRS EXIT STAIRS WINDOW WELL MECH. BASEMENT ELEC. (BASEMENT) EXIT STAIRS 34 30 12 24 16 4 9 PROPOSED HOTEL 'STAYBRIDGE' BY IHG 6 STOREY 125 UNITS TOTAL C/W PARTIAL BASEMENT 1.80m RECIEVING 13.30m FRONT YARD A 3.65m 1.58mLOUNGE AREA10.05m9.85mCSWCSW PBX 3.0m CSW 10.87mMAX 15.0m123.12m 1.58m7.00m EXISTING HOLIDAY INN EXPRESS EXISTING 3.0M LANDSCAPE BUFFER REAR ENTRANCE SECONDARY ENTRANCE 5.08m31.69m12.02m28.08mPROPOSED PROPERTY LINE / SEVERANCE E LINE76.00mPROPOSED SEVERANCE LINE123.14m DEEP WELL GARBAGE UNITS - THREE MOLOK. LANDLORD TO APPROVE SIZE/ QUANTITY AND FINISH) UNITS TO BE PLACE NO CLOSER THAN 150mm TO EACH OTHER / WALLS SEE 4/A100 FIRE ROUTE END SIGN EXISTING CHAIN LINK FENCE TO REMAIN REFER TO LANDSCAPE 1 2 2 3 3 1 4 3 3 3 3 4 4 2 4 17.48m 3.26mR6.0 m R6.0 m R6. 0 m R6. 0 m 34.84m UNOBSTRUCTED PATH TO FIRE HYDRANT MAX DISTANCE 45M (OBC 3.2.5.5 (2c) GENERATOR ONCE SIZED A FENCE IS REQUIRED FOR SCREENING. THE GENERATOR IS TO BE PLACED ON A CONCRETE PAD AND SURROUNDED BY RIVER ROCK WITHIN THE FENCE GATE TO HAVE PANIC HARDWARE FOR STAIR EXITING CSW1.67mMECH WELL MECH WELL MECH WELL MECH WELL1.85mGEN.(5.75X2.6m) GARBAGE WINDOW WINDOW WINDOW WINDOW WINDOWWINDOWWINDOWWINDOWWINDOW6.00mm FLUSH WITH TACTILE STRIP STSTSTSTSTSTSTLOADING SPACE 4 4 PROPERTY LINEHOTEL ENTRANCE LOADING SPACE FDC W W W W W W W W W WW W W W W W W W W W WWWWWWWWWWWWWWWWWWW WWWWWWWWWWWWWWWWWWWSASASASASASASASA SA SA SA STSTSTSTSTSTSTSTSTSTSTSTSTSTST ST ST ST ST ST ST ST ST ST ST ST STSTSTSTSTSTSTSTSTSTSTSTSTSTWWWWWWWWWWWWWW PROPOSED RETAINING WALL, REFER TO CIVIL AND STRUCTURAL) INFILTRATION TANK REFER TO CIVIL) LOCATION OF EX. PAD MOUNTED TRANSFORMER REFER TO SITE ELEC DRAWINGS MOUNTED TRANSFORMER, PROPOSED LOCATION OF FUTURE PAD MOUNTED TRANSFORMER , REFER TO SITE ELECTRICAL DRAWINGS. 1 1 . 2 7m 3.66m 2.83 m PARKING AREA 1 TOTAL 50 STALLS C/W 4 BF STALLS 2.70m3.65m 3.0m REQ'D INTERIOR SIDE YARD 3.0m REQ'D INTERIOR SIDE YARD 13.7m REQ'D INTERIOR SIDE YARDADJACENT TO HWY 404HOTEL AMENITY SPACE SUBJECT TO BRAND APPROVAL NOT SUBJECT TO SECURITY REFER TO LANDSCAPE DRAWINGS FOR DESIGN DEC. FENCE REFER TO LANDSCAPE DRAWINGS FOR DESIGN ILLUMINATED PYLON SIGN. (OWNER TO CONFIRM DESIGN AND SIZE) UNDER SEPERATE PERMITS PROPOSED LOCATION OF PAD MOUNTED TRANSFORMER -MUST BE WELL SCREENED BY LANDSCAPING, LEAVING OPENING FOR SERVICE 3.0m REQ'D INTERIOR SIDE YARDCD6 6 1 1 2 1 2 12 1 2 PROPOSED GAS METER TO BE BE SCREENED FROM ARRIVING GUEST1.00m10.60mBIKE ABBREVIATIONS C.D.- CURB DEPRESSION FH - FIRE HYDRANT G.F.A.- GROSS FLOOR AREA H.D.- HEAVY DUTY PAVING L.D.- LIGHT DUTY PAVING LB - LIGHT BOLLARD LS - LIGHT STANDARD BF - BARRIER FREE BFFE - BASEMENT FFE FFE - FINISHED FLOOR ELEVATION T.B.D.- TO BE DETERMINED T.B.R.- TO BE REMOVED SM - SQUARE METERS SF - SQUARE FEET PROV.- PROVIDED REQ'D- REQUIRED BS - BUS SHELTER EX.- EXISTING F.R.S - FIRE ROUTE SIGN B - BOLLARD FYSB - FRONT YARD SETBACK ISYSB - INTERIOR SIDE YARD SETBACK RYSB - REAR YARD BUILDING SETBACK BIKE RACK - REFER TO LANDSCAPE DWGS DRAWING LEGEND PROPOSED LOCATION OF PAD MOUNTED TRANSFORMER (CONFIRM WITH LOCAL UTILITIES SEE SITE ELECTRICAL PLAN) FIRE ROUTE PAINTED ISLAND -NO PARKING AREA OF PROPOSED NEW BLDG (S.C.) SIAMESE CONNECTION NUMBER OF PARKING STALLS IN A ROW FREE STANDING SIGNS LOCATION OF L.S. BF DEPRESSED CURB/ RAMP (TYPICAL) - - AS PER 3.8.3.2(3) OBC C/W TWSI - SEE 5/A100 SERVICE EXITS/ ENTRANCE POINTS DESIGNATED BARRIER FREE PARKING SPACE. REFER TO CITY STANDARD FOR PAINED SYMBOL SEE DET. 6/A100 HARDSCAPE AREAS PAVERS / STAMPED CONCRETE. REFER TO LANDSCAPE DRAWINGS PROPOSED DECORATIVE FENCING -SEE LANDSCAPE DWG LOCATION OF BLDG PRINCIPAL ENTRANCES FOR PUBLIC, FIRE FIGHTERS AND BF USE SIGN INDEX EXISTING BUILDING CREDIT NOTES: BASE SURVEY INFORMATION PROVIDED BY VUJEVA SURVEYS LIMITED LTD, DATED JUNE 24, 2022. SAPLYS ARCHITECTS ACCEPTS NO RESPONSIBILITY FOR THE ACCURACY, OR COMPLETENESS OF THE DATA SUPPLIED AND SUCH DATA IS NOT INCLUDED UNDER SEALS OF CERTIFICATION. GAS METER # 1 STOP BAR 0.30 m 2 SOLID YELLOW 0.10 m ACC. PARKING MARKING 1 FIRE ROUTE SIGN - AS PER CITY STANDARD BY-LAW NO.4574-04.T 2 NO PARKING ANY TIME - Ra-51 30 cm x 30 cm LEFT/RIGHT ARROW 3 ACCESSIBLE PARKING - see detail 3/A-100) BYLAW 2019-92 4 STOP SIGN - Ra-1 60 cm x 60 cm 5 STOP SIGN - Ra-1 60 cm x 60 cm WITH ALL-WAY TAB Ra-1t 15cm x 30cm 6 WATCH FOR TURNING TRUCKS 7 ONE WAY # EX MTO CHAIN LINK FENCE - SEE CIVIL LINE PAINTING INDEX PROPERTY LINE # PROP. GAS SERVICE PROP. ELECTRICAL SERVICE PROP. COMMUNICATIONS (TEL, DATA ETC.) PROP. WATER SERVICE PROP. STORM SERVICE PROP. SANITARY SERVICE T GENERAL NOTES: 1.ALL EXISTING PAVEMENT, CURBS, SIDEWALKS, DRIVEWAYS AND BOULEVARD AREAS DISTURBED BY THE CONSTRUCTION MUST BE REINSTATED TO THE SATISFACTION OF THE TOWN. 2.A MINIMUM SETBACK OF 1.0m FROM STREET FURNITURE TO PROPOSED DRIVEWAYS AND SIDEWALKS SHALL BE MAINTAINED. ALL EXISTING STREET FURNITURE TO BE RELOCATED BY THE CONTRACTOR/OWNER TO A SETBACK OF 1.0m. THE COST OF THE RELOCATION OF ANY UTILITY IS THE RESPONSIBILITY OF THE DEVELOPER/ONWER. 3.THE CONTRACTOR/OWNER IS RESPONSIBLE FOR ALL UTILITY LOCATES AND AND DAMAGE OR DISTURBANCE DURING CONSTRUCTION. 4.ALL BARRIER FREE ENTRANCES AND BARRIER FREE PATHS OF TRAVEL MUST COMPLY WITH O.B.C. 3.8. 5.THE OWNER/CONTRACTOR SHALL SUPPLY ALL FIRE ROUTE AND HANDICAP SIGNS AS SET OUT IN THE TOWN BY-LAWS AND DESIGN CRITERIA. 6.ALL EXTERIOR ILLUMINATION TO BE DIRECTED DOWNWARD AS WELL AS INWARD AND DESIGNED TO MAINTAIN ZERO CUTOFF LIGHT DISTRIBUTION AS THE PROPERTY LINE. 7.ALL DOWNSPOUTS TO BE CONNECTED TO THE STORM DRAINAGE SYSTEM. 8.ALL CONDENSING UNITS TO BE SCREENED ON THE GROUND FLOOR 9.SEPARATE PERMITS ARE REQUIRED FOR ANY SIGNAGE ON THE PROPERTY. 10.WHERE POSSIBLE TREES ARE TO BE PROTECTED FROM CONSTRUCTION. 11.EXCESS SNOW WILL BE REMOVED BY PRIVATE HAULER SUBJECT TO DEMAND FOR PARKING. 12.REBOUNDING SIGN POST MOUNTED ON CURB. MANUFACTURE: IMPACT RECOVERY (http://www.impactrecovery.com/) STYLE: Sta-Rite Sign Posts. SIGN MOUNTING HEIGHT & SIGN AS PER TOWN ACCESSIBILITY STANDARDS 13.FIRE ROUTE SIGNS AND REFERENCE THEM ON THE SITE PLAN USING THE FOLLOWING SIGN DESIGN. ONE FIRE ROUTE SIGN IS REQUIRED ON EACH SIDE OF EACH ENTERING ACCESS. SIGNS ARE TO BE PLACED ON A 45 DEGREE ANGLE FACING INCOMING TRAFFIC. ENERGY PLUS NOTES 1.1.IN THE AREA OF THE OVERHEAD POWERLINES “CAUTION – EXISTING 27,600 VOLT OVERHEAD POWERLINES. OCCUPATIONAL HEALTH AND SAFETY ACT CLEARANCES MUST BE MAINTAINED BOTH DURING CONSTRUCTION AND FUTURE MAINTENANCE OF THE NEW STRUCTURE(S)”. 2.NEW BUILDING WE BE SUB-FED FROM THE EXISTING ELECTRICAL ROOM IN THE EXISTING BUILDING OR THERE WILL BE A NEW ELECTRICAL ROOM CONSTRUCTED AND WILL SUB-FEED THE EXISTING ELECTRICAL ROOM. CONTACT ENERGY+ SERVICE TECHNOLOGIST TO REVIEW REQUIREMENTS PRIOR TO SITE PLAN APPROVAL AND ADDING THE FINAL NOTES TO THE SITE PLAN. 3.NEW TREES SHALL BE MINIMUM – MATURE SPREAD/2 + 4 METERS, HORIZONTAL AND PERPENDICULAR, TO ALL OVERHEAD POWERLINES. 4.NEW TREES/PLANTINGS SHALL BE MINIMUM 4M FROM THE DOOR AND 2M AROUND THE SIDES AND BACK OF ALL PADMOUNT TRANSFORMERS/SWITCHING UNITS. 5.2M FROM THE CENTERLINE OF ENERGY+ TRENCHES. LEGAL LAND DESCRIPTION: PART LOT 3 REGISTERED PLAN 65M-4324, PARTS 2,7-8 REGISTERED PLAN 65R-38503 PART OF BLOCK 11 REGISTERED PLAN 65M-4324, PARTS 5 & 6 TOWN OF AURORA REGIONAL MUNICIPALITY OF YORK NOTE: - EXPANSION JOINTS IN SIDEWALK ARE TO BE PROVIDED AT A MAXIMUM OF 6M APART OR AS REQUIRED. - TRANSVERSE CONTRACTION JOINTS TO BE PROVIDED AT A MAXIMUM OF 1.5M APART OR AS REQUIRED. - ALL CONCRETE WALKS ARE TO BE SEALED WITH 'SEALTIGHT 1220 WHITE PIGMENTED CURING COMPOUND' BY W.R. MEADOWS OR APPROVED EQUAL APPLICATION AS PER MANUFACTURE SPECIFICATIONS. - PROVIDE NON-SLIP SURFACE FINISHES AT ALL BARRIER-FREE PATHS OF TRAVEL ON SITE (TYP.) - PROVIDE SAW CUTS @ 8" o.c. ON SLOPED AND FLARED SIDES OF RAMP 250 400150FINISH GRADE COMPACTED GRANULAR 'A' BASE (MIN. OF 200mm COMPACTED DEPTH) U.N.O.CONTROLJOINTSEE CIVIL SPECIFICATION CURB & SIDEWALK BEYOND 1500 (MIN.) SEE SITE PLAN COMPACTED GRANULAR 'B' BASE (MIN. OF 300mm COMPACTED DEPTH) U.N.O. MAX. SLO P E 1 : 1 0 MAX. SLOPE = 1:10 1500 MIN. @ PASSENGER LOADING ZONE FLARED SIDES MAX 1:10 SLIP RESISTANT, CONTRASTING DARK GRAY DETECTABLE WARNING TEXTURED SURFACE PLAN DETAIL OBC REFERENCES 3.8.3.2.(3) & 3.8.3.2.(3)(d) GATTES (GOLBAL ALLIANCE ON ACCESSIBLE TECHOLIGIES & ENVIRONMENT100-2001200 MIN.1500RECOMMENDEDCONTINUOUS TACTILE WALKING SURFACE ALIGN WITH DIRECTION OF TRAVEL. REFER TO SITE PLAN 610TACTILE WALKING SURFACE INDICATORS TO HAVE RAISED PROFILE AND HIGHT TONAL CONTRAST TO THE ADJACENT GROUND SURFACE EI. YELLOW - PROVIDE MIN 70% LRV RECESS MOUNTED - Armor Tile or Approved Equal by Kinesik Engineered Products 1.855 364 .7763 ALL DIMENSION ARE IN MILLIMETERS CURB SIDEWALK ROADWAY CROSS SLOPE NO GREATER THE 150 FOR CURB HEIGHTS 75-200mm SLOPE NO GREATER THEN 1:10 18050THE KINGS HIGHWAY No. 4043.5m x 9.0m x 4.0m (H)LOADING SPACE PACEL A - 76.00mTO BE SEVERED111.61m13.30m102.17m88.66mAA BA B A 9.85m123.12m 1 2 2 3 3 1 4 3 3 3 3 4 4 2 4 1.85mWINDOW WINDOW WINDOW WINDOW WINDOWWINDOWWINDOWWINDOWWINDOWLOADING SPACE 4 4 PATIO PROPERTY LINE PROPERTY LINE PROPERTY LINEERIC T SMITH WAY 14.0m REQUIRED LANDSCAPE BUFFER 6 6 1 1 2 1 2 12 1 2 PROPOSED GAS METER TO BE BE SCREENED FROM ARRIVING GUEST EXPANSION1200 30 MOUNTING DETAIL3040 FOOTING POST JOINT AROUND FOOTING SIGN FACE 1 ACCESSIBLE PARKING SIGNAGE REQUIREMENTS ·ALL HANDICAPPED PARKING STALLS SHALL BE DESIGNATED BY SIGN PER BAY AS PER BY-LAW . ·THE REQUIRED SIGNS MUST BE MOUNTED 120 cm. (48 INCHES) FROM THE TOP OF THE CURB ELEVATION. THE SIGN MUST NOT OBSTRUCT THE SIDEWALK. WHERE AND UNOBSTRUCTED BUILDING FACE IS LOCATED NO MORE THAN 2.0m FROM THE FACE OF THE CURB AT THE ACCESSIBLE BAY THE SIGN MAY BE MOUNTED ON THE BUILDING FACE. POST ·75mm DIAMETER GALVANIZED STANDARD STEEL PIPE, POST TO BE CAST IN PLACE IN 300mm DIAMETER CONCRETE FOOTING. OR ·REBOUNDING SIGN POST MOUNTED ON CURB. MANUFACTURE: IMPACT RECOVERY (http://www.impactrecovery.com/) STYLE: Sta-Rite Sign Posts. SIGN MOUNTING HEIGHT & SIGN AS PER TOWN ACCESSIBILITY STANDARDS SIGN FACE. ·0.064 GAUGE ALUMINUM SIGN ·BLANK WHITE REFLECTIVE BACKGROUND ·HOLES-METRO PUNCH MOUNTING ·THE SIGN FACE MUST BE SECURED TO A POST WITH TWO GALVANIZED 12mm HEX HEAD BOLTS AND NUTS WITH FLAT WASHERS ON BOTH SIDES. ·TO A MASONRY BUILDING FACE WITH TWO GALVANIZED 50mm LONG 6mm DIAMETER HEX-HEAD LAG BOLTS WITH FLAT WASHERS IN LEAD SHIELD MASONRY ANCHORS. ·TO A METAL BUILDING FACE WHERE THE MINIMUM METAL THICKNESS IS 2mm WITH TWO #10 PLATED, SELF-TAPPING SHEET-METAL SCREWS WITH FLAT WASHERS. SIGN FACE 3 SIGN FACE 2 TYPE A ONLY BASIS SIZES AVAILABLE DRAWING TITLE PATH:PROJECT No. ISSUED FOR SCALE BY SHEET NO. PROFESSIONAL CERTIFICATIONPROJECT NORTH & TRUE NORTH PROJECT DATE DD-MM-YYDESCRIPTIONBYISSUE PLOT DATE:February/17/23CHECKED SHEET REV ARCHITECT: PROJECT CONTACT: Gottardo P: (905) 761-7707 HOTEL DEVELOPMENT NEXT TO 205 ERIC T SMITH WAY PART OF LOT 3 AND PART OF BLK 11, PLAN 65M-4324 Closest Major Intersection : Wellington St e & Leslie St, Aurora, Ontario, Canada GENERAL NOTES 1 S:\2022\13. A22-013 Aurora - Staybridge (ref 20-016)\3.0 - Drawings\3.2 - SPA\23-01-12 R9 SPAI\A-100r1.2 (Aurora- Staybridge - Site Plan SPAI) - 23-02-16.dwgSEE TABLE ABOVE DO NOT SCALE DRAWINGS. USE ONLY DRAWINGS MARKED "ISSUED FOR CONSTRUCTION". VERIFY CONFIGURATIONS & DIMENSIONS ON SITE BEFORE BEGINNING WORK. NOTIFY ARCHITECT IMMEDIATELY OF ANY ERRORS, OMISSIONS OR DISCREPANCIES. GENERAL NOTES: #7-1464 CORNWALL ROAD OAKVILLE, ONTARIO L6J7W5 905-337-7249 EX 207 ARCHITECT: DEVELOPMENT CONSULTANT: FUTURE PARCEL CEXISTING OFFICE BLDGHWY 404 277 Pennsylvania Avenue, Concord, Ontario, L4K 5R9 A22-013 55 ST. CLAIR AVE W, STE. 205 TORONTO, ON M4V 1N5 SITE PLAN 1ST SUBMISSIONDB 23-02-08 ERIC T. SMITH WAY / HOLIDAY INN EXPRESS 0 PRE-CONSULTATION PRE-2022-17 COMMENTS RECEIVED 22-12-01-22-12-21DB 22-09-23 KEY PLAN - NTS • Recommended line width for markings is 10 cm • All pavement markings to be slip resistant paint 6 A-100 PAINTED MARKING 5 A-100 B.F. CURB DEPRESSION DET. DETAIL FROM GAATES 2.1.5.1 SCALE 1:10 - BETTER BARRIER-FREE CURB RAMPS 1.2A-1001:250 LSDB SITE PLAN A - LANDS TO BE RETAINED C - LANDS TO BE RETAINED NO WORK IS PROPOSED WITHIN BLOCK EXCEPT SERVICING TO WITHIN 1.5m - 3.0M OF THE NORTH PROPERTY LINE REFER TO CIVIL DRAWINGS 1 A-100 KEY PLAN - PRE- SEVERANCE REFER TO SERVEANCE APPLICATION AND DRAFT PLAN PREPARED BY YAHUI HU OF J.D.BARNES, DATED OCT 18 2022 SCALE 1:1000 (SURVEYOR FILE 18-21-169-03)B - LANDS TO BE RETAINED50% OWNERS BETWEEN A&CSEE 2 / A100 FOR ENLARGEMENT 2 A-100 PARTIAL SITE PLAN 4 A-100 MOLOK - HOTEL GARBAGE ISSUED FOR INFORMATION PURPOSES SEE WEBSITE FOR FINISH INFO 3 A-100 BARRIER FREE PARKING SIGN DET. DWG IN CENTIMETERS N/A TYPE A TYPE B THE KINGS HWY 404THE KINGS HWY 404MV A #4 MV A #5 MV A&B#1 MV A&B#2 + C#1 MV A #4 MV A #3 MV A#6-8,B#3+4, C#2 MV A#6 MV A#7,C #2MV B#4MV A#8 B#3MV B#2 Page 67 of 67