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Minutes - Public Planning - 20150422 TOWN OF AURORA SPECIAL COUNCIL – PUBLIC PLANNING MEETING MINUTES Council Chambers Aurora Town Hall Wednesday, April 22, 2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Gaertner, Humfryes (arrived 8:22 p.m.), Kim, Mrakas, Pirri, Thom, and Thompson MEMBERS ABSENT None OTHER ATTENDEES Director of Planning and Development Services, Planner, Council & Committee Coordinator/Deputy Clerk, and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:01 p.m. 1. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2. APPROVAL OF THE AGENDA Moved by Councillor Abel Seconded by Councillor Mrakas THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED Special Council – Public Planning Meeting Minutes Wednesday, April 22, 2015 Page 2 of 6 3. PLANNING APPLICATIONS Mayor Dawe outlined the procedures that would be followed in the conduct of the public meeting. The Deputy Clerk confirmed that the appropriate notice had been given in accordance with the relevant provisions of the Planning Act. 1. PL15-029 – Proposed Official Plan Amendment and Zoning By-law Amendment, Brookfield Homes (Ontario) Limited, 155 Vandorf Sideroad (Timberlane Athletic Club property) Files: OPA-2014-01 and ZBA-2014-03 Planning Staff The Planner, Mr. Marty Rokos, presented a brief overview of the application and staff report, including background information related to the proposed Official Plan Amendment and Zoning By-law Amendment applications to permit the development of 56 single detached residential units, including a parkette, access via Vandorf Sideroad, emergency access via Falconwood Hollow, and a 7.5- metre buffer next to the Falconwood Hollow residences. He noted that the proposal had been updated following the first public meeting in January 2015 and reviewed the revised concept plan. Consultant Mr. Don Given, of Malone Given Parsons Ltd., on behalf of the applicant, expressed his support of the staff report and recommendation. He presented a comparison of the original and current concept plans and highlighted the revisions. Mr. Given referred to the potential for noise and vibration complaints from new residents with respect to the Van-Rob facility and suggested that warning clauses could be added to the purchase and sale agreements. He stated that there was no evidence of a problem at this time. Mr. Bill Gastmeier, of HGC Engineering, provided an overview of the Noise and Vibration Feasibility Study prepared on behalf of Brookfield Homes respecting the Van-Rob operation, including details on how the Study was conducted and the relevant MOE guidelines. He noted that Van-Rob carried out significant mitigation in response to the complaints and is in full compliance with all MOE limits for noise and vibration. Public Comments Mr. Victor Saccucci, resident of 472 Beacon Hall Drive and board member of the condominium corporation, noted that they are working in good faith with the developer and expect their requirements to be satisfied. Special Council – Public Planning Meeting Minutes Wednesday, April 22, 2015 Page 3 of 6 Ms. Patricia Foran, Solicitor of Aird & Berlis LLP, on behalf of Van-Rob Inc., a metal stamping and manufacturing facility at 200 Vandorf Sideroad, requested that Council defer consideration of the staff recommendation and direct staff to retain expert peer review consultants to consult with her client and their experts regarding the issues including noise, vibration, and traffic concerns. She expressed concerns regarding Van-Rob’s industry classification and the potential for incompatibility, and stated that warning clauses were not sufficient. Mr. John Greenhough, resident of Falconwood Hollow, representing the owners of the Falconwood Estates condominium corporation, advised that they have reached a compromise with the developer and now withdraw any and all objections previously expressed. He extended appreciation to Council and the staff of Brookfield Homes and also acknowledged that, through working with the Town, Van-Rob Inc., and a team representing the residents of Beacon Hall, Falconwood Estates, and Wycliffe Estates, the past issues had been mitigated successfully. Ms. Sherry Card, business owner on Industrial Parkway South, formerly on Furbacher Lane, noted her experiences with vibrations and noise in the area. Mr. Peter van Schaik, part owner of Van-Rob Inc., spoke about his experience with residents’ complaints and the ways in which Van-Rob has mitigated the issues. He expressed concern regarding the potential complaints that may come later even though the facility is well within environmental guidelines. Mr. Stefan Woyslaw, resident and realtor of Aurora, stated that truck and road noise are more of an issue than noise or vibrations. He suggested that the developer should introduce stronger clauses in their presentation to sale of new properties so that potential buyers are aware of the issues up front. Planning Staff The Director of Planning and Development Services, Mr. Marco Ramunno, clarified that Van-Rob Inc. has been assessed as a Class II operation based on information and previous noise and vibration studies from various engineers who prepared background reports in accordance with MOE guidelines. He added that staff have reviewed all background studies and earlier reports, the Noise and Vibration Feasibility Study, and the methodology. Mr. Ramunno stated that any noise and emission concerns under MOE guidelines must be mitigated at source, and that it is standard practice with any residential development that abuts a collector or regional road with higher volumes of traffic and truck traffic, to impose warning clauses within the development agreement, and also to require the builder to include similar clauses in their offers of purchase and sale. Special Council – Public Planning Meeting Minutes Wednesday, April 22, 2015 Page 4 of 6 Main motion Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Report No. PL15-029 be received; and THAT Application to Amend the Official Plan File: OPA-2014-01 be approved, to re-designate the subject lands from “Private Open Space” and “Cluster Residential” to “Cluster Residential – Site Specific Policy” to facilitate the development of the subject lands for a 56 detached residential unit condominium development; and THAT Application to Amend the Zoning By-law File: ZBA-2014-03 be approved, to rezone the subject lands from “Major Open Space (O-4) Exception Zone” to “Detached Dwelling Second Density (R2-X) Exception Zone” and “Major Open Space (O-Y) Exception Zone”; and THAT a total of 56 units of water and sewage capacity be allocated to the subject lands; and THAT the by-laws to adopt the Official Plan Amendment and implementing zoning be presented at a future Council meeting for enactment. Motion to defer Moved by Councillor Abel Seconded by Councillor Mrakas THAT Item 1 – Report No. PL15-029 be deferred to a future Council meeting pending the completion and report, within one month, of a peer review of the Noise and Vibration Feasibility Study prepared by HGC Engineering, respecting the Van-Rob Inc. facility at 200 Vandorf Sideroad. CARRIED 2. PL15-030 – Proposed Zoning By-law Amendment, PMK Capital Inc. 95 Wellington Street East, Lot 14, South of Wellington Street, Registered Plan 68, File: ZBA-2014-10 Planning Staff The Planner, Mr. Marty Rokos, presented an overview of the applications and staff report, including background information and details related to the proposed Zoning By-law Amendment application to permit a two-storey business and professional office, including a medical office, and 16 parking spaces. He noted that the applicant proposes to redesignate the subject lands from “Special Mixed Density Residential (R5) Zone” to “R5-X Exception Zone” along with site specific exceptions related to parking, building setbacks, and buffer strips. Special Council – Public Planning Meeting Minutes Wednesday, April 22, 2015 Page 5 of 6 Applicant Dr. Philip Kritzinger, owner of PMK Capital Inc., provided background information regarding his business, which he is planning to relocate back to Aurora from Newmarket. Consultant Mr. Chris Pretotto, Architect of Cspace Architecture, highlighted elements of the proposed development’s integration into the Aurora Promenade’s downtown shoulder area. He noted that the proposed building was designed to integrate with the Town’s historical architectural style, have full, barrier-free access, and to preserve as many trees as possible. Public Comments Mr. Stefan Woyslaw, resident and realtor of Aurora, expressed his support of the proposed development. Ms. Terry Smith, resident of Larmont Street, expressed her support of the proposed development, as well as concerns regarding one large tree and potential light pollution from the subject land. Consultant Mr. Pretotto addressed the concerns regarding the tree canopy and lighting. Moved by Councillor Mrakas Seconded by Councillor Abel THAT Report No. PL15-030 be received; and THAT comments presented at the Public Planning Meeting be addressed by Planning & Development Services in a comprehensive report outlining recommendations and options at a future General Committee Meeting. CARRIED 4. READING OF BY-LAW Moved by Councillor Pirri Seconded by Councillor Thom THAT the following confirming by-law be given first, second, and third readings and enacted: Special Council – Public Planning Meeting Minutes Wednesday, April 22, 2015 Page 6 of 6 5723-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Special Council – Public Planning Meeting on April 22, 2015. CARRIED 5. ADJOURNMENT Moved by Councillor Kim Seconded by Councillor Humfryes THAT the meeting be adjourned at 9:27 p.m. CARRIED _________________________________ _________________________________ GEOFFREY DAWE, MAYOR PATTY THOMA, DEPUTY CLERK THE MINUTES OF THE SPECIAL COUNCIL – PUBLIC PLANNING MEETING OF APRIL 22, 2015 RECEIVED FINAL APPROVAL BY COUNCIL ON MAY 11, 2015.