AGENDA - Public Planning - 20160525SPECIAL COUNCIL
PUBLIC PLANNING
MEETING AGENDA
WEDNESDAY,MAY 25,2016
7 P.M.
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
May 20,2016
TOWN OF AURORA
SPECIAL COUNCIL –PUBLIC PLANNING
MEETING AGENDA
Wednesday,May 25,2016
7 p.m.
Council Chambers
1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
2.APPROVAL OF THE AGENDA
RECOMMENDED:
THAT the agenda as circulated by Legal and Legislative Services be approved.
3.PLANNING APPLICATIONS
4.READING OF BY-LAW
RECOMMENDED:
THAT the following confirming by-law be given first,second,and third readings and
enacted:
5864-16 BEING A BY-LAW to Confirm Actions by Council Resulting pg.20
from Special Council –Public Planning Meeting on
May 25,2016.
5.ADJOURNMENT
Special Council -Public Planning Meeting Agenda
Wednesday,May 25,2016 Page 2 of 2
AGENDA ITEMS
1.PDS16-038 –Proposed Draft Plan of Subdivision,Official Plan pg.1
Amendment and Zoning By-law Amendment
Charlieville Developments Ltd.
45 Tyler Street
File Numbers:SUB-2015-03,OPA-2015-02 and ZBA-2015-06
RECOMMENDED:
THAT Report No.PDS16-038 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.
TOWN OF AURORA
PUBLIC PLANNING MEETING REPORT No.PDS16-038
SUBJECT:Proposed Draft Plan of Subdivision,Official Plan Amendment and
Zoning By-law Amendment
Charlieville Developments Ltd.
45 Tyler Street
File Numbers:SUB-2015-03,OPA-2015-02 and ZBA-2015-06
FROM:Marco Ramunno,Director of Planning &Development Services
DATE:May 25,2016
RECOMMENDATIONS
THAT Report No.PDS16-038 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.
PURPOSE OF THE REPORT
The purpose of this report is to provide Council with background information and details
related to the proposed Draft Plan of Subdivision,Official Plan Amendment and Zoning
By-law Amendment application submitted for 45 Tyler Street.
The purpose of the draft plan of subdivision application is to allow a residential plan of
subdivision on a 2.94 hectare parcel of land and the development of 68 townhouse
units.The purpose of the accompanying Official Plan and Zoning Bylaw Amendment
applications is to provide an appropriate land use redesignation,development policies
and Zoning By-law Amendment provisions with exceptions as required,to implement
the residential development of the proposed Draft Plan of Subdivision.
BACKGROUND
History
The subject site operated as a tannery from 1912 to 1988.Since the closure of the
tannery,the site had been leased for various commercial and industrial operations from
1988 to 2013.The subject site is not designated under the Ontario Heritage Act and has
recently been removed from the Town’s Register of properties with Historical Interest in
2014.The tannery building was demolished by permit in 2015.
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Public Notification
The subject Draft Plan of Subdivision,Official Plan Amendment and Zoning Amendment
applications were submitted on June 15,2015.
On October 1,2015,a Notice of Complete Application respecting the Draft Plan of
Subdivision,Official Plan and Zoning By-law Amendments was published in the Auroran
and Aurora Banner newspapers.
On May 5,2016 a Notice of Public Planning Meeting was published in the Auroran and
Aurora Banner newspaper and given by mail to all addressed property Owners within a
minimum of 120 metres (393 feet)of the subject lands.A Notice of the Public Planning
meeting sign was also posted on the subject lands.Public Meeting notification has been
provided in accordance with the Planning Act.
At the time of finalizing this report staff received inquiries and comments from the
surrounding residents regarding the proposals.Planning Staff have summarized the
comments received from the public under the Public Comments section of this report.
Any written or verbal comments provided at the Public Planning Meeting will be
considered in the technical review of the applications and included in any future reports
provided to Council.
Location/Land Use
The subject lands,municipally known as 45 Tyler Street,are located between
Temperance Street and George Street and on the south side of Tyler Street (Figure 1).
The property has a lot area of 2.94 and a frontage of 130.5 m on Tyler Street.The
subject lands have the following characteristics:
The subject site is surrounded by predominately single detached dwellings;
A tributary of the Tannery Creek flows south to north through the eastern portion
of the Site;
The floodplain associated with this tributary is located within the East Holland
River Watershed regulated by the Lake Simcoe Region Conservation Authority;
The eastern portion of the Site is relatively flat with a portion gently sloping
towards the tributary;
The western boundary is a hill/berm which slopes upward towards the
northwestern boundary;
Stormwater drains from the southwestern portion of the Site running off into the
tributary along the southern portion of the Site;
The areas adjacent to the tributary are lined with natural vegetation which also
connects to the southern and western boundaries of the Site.
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Site works including regrading and importing clean fill are currently proceeding on the
property in accordance with permissions from the Lake Simcoe Region Conservation
Authority.The permit allows the applicant to import 13,000 m3 of clean Table 1 fill.
Trucks are restricted to 8:30 am to 4pm.All work is being done under the Soil
Management/Remediation Plan and supervision by the applicant’s environmental
engineer in accordance with the permits from LSRCA.
The surrounding land uses are as follows:
North:Residential;
South:Residential,Institutional and Lions Park
East:Residential Apartment;
West:Residential
Policy Context
All Planning Act development applications are subject to provincial policies.The
Provincial Policy Statement (PPS)provides policy direction on matters of provincial
interest.These policies support the development of strong communities through the
promotion of efficient land use and development patterns.The Growth Plan for the
Greater Golden Horseshoe is a guiding document for growth management within the
Greater Golden Horseshoe (GGH)Area to 2041.The Growth Plan provides a
framework which guide decisions on how land will be planned,designated,zoned and
designed.The Lake Simcoe Protection Plan (LSPP)is a provincial document that
provides policies which addresses aquatic life,water quality,water quantity,shorelines
and natural heritage,other threats and activities (including invasive species,climate
change and recreational activities)and implementation.
Staff will review the proposed development for consistency with the above mentioned
provincial policies.
York Region Official Plan (2010)
The subject lands are designated as “Urban Area”and “Regional Greenlands System”
within the York Region Official Plan.York Region’s vision for the Urban Area is to
strategically focus growth while conserving resources and to create sustainable lively
communities.Under the York Region’s Official Plan,one regional urbanization goal is to
enhance the Region’s urban structure through city building,intensification and compact,
complete communities.
The portion of the Site associated with the floodplain and tributary of the Tannery Creek
forms part of the “Regional Greenlands System”and is identified as a “Key Hydrologic
Feature.”
The Region Official Plan recognizes that the housing market is faced with demand for a
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broader variety of housing types and sizes to meet the diverse range of needs of the
Region’s residents and workers.The mix and range of housing shall be consistent with
York Region forecasts,intensification and density requirements.
Section 8.3.8 of the Region of York Official Plan states that amendments to local Official
Plans may be exempt from Regional approval if they are of local significance and no
Regional interest is adversely affected.The proposed Official Plan Amendment is
considered a local matter by the Region and is exempted from approval by Regional
Planning Committee and Council.
Town of Aurora Official Plan
The subject lands are designated as “Existing Employment-Brownfield Industrial”,
“Environmental Protection”and “Private Parkland”by the Town of Aurora Official Plan
(Figure 2).
Existing Employment-Brownfield Industrial
The intent of the brownfield designation is to allow for appropriate redevelopment in
accordance with the Aurora Promenade Concept Plan –Urban Design Strategy without
having the Employment Area Conversion Policies being applied.According to the
Aurora Promenade Concept Plan,the subject land is located within a character area
identified as Neighbourhood:Promenade.The concept plan acknowledges the subject
lands as an aging industrial use that can be designed with a higher density residential
use.A vital aspect of the objective for creating a “complete and life-long”neighbourhood
within the Aurora Promenade is to provide a higher density built form which provides a
good transition from the higher density along Yonge Street and alternative to the typical
single-family homes.
The design policies for the redevelopment on the subject lands are as follows:
Lands associated with the regulated flood plain combined with the balance of the
property to the east of the watercourse should remain as green open space
providing a formalized pedestrian link between Tyler Street and the St George public
school;
Access into the site should be provided as an extension of Mill Street and aligned to
frame the open space area to enhance its accessibility and safety;
The balance of the lands should be of residential uses in low rise house forms that
are compatible with the surrounding neighbourhood,such as row houses and
garden apartments;
All buildings should front or flank the streets and open spaces;
Cultural and built heritage resources should be retained and/or adapted to new uses
where possible;and
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A heritage interpretive element should be provided to identify the site’s significance
in Aurora’s industrial history.
Private Parkland
The Private Parkland designation is intended to augment the Town’s existing open
space system by providing important physical and visual linkages.
As a result of the closure and demolished Tannery building,it is appropriate to consider
another use of the subject site.The redevelopment of land designated Private Parkland
is contemplated by the Official Plan,as Policy 12.4.3 e)states that:
“When private open space is proposed to be developed for another use,
Council may require:
i)An evaluation of the environmental impact;
ii)Evidence that the proposed use is compatible with the surrounding uses;
iii)An Official Plan,Secondary Plan and/or Zoning Bylaw amendment;and
iv)A Plan of Subdivision and development,including the approval of the
applicable agencies.”
Environmental Protection
Portions of the subject lands are also designated as Environmental Protection.The
Environmental Protection Designation are designed to identify and protect the
environmental features and functions that will form a strong and permanent Greenland
Systems.
As per Official Plan Policy 12.5.2a,the boundaries and extent of the lands designated
Environmental Protection Area are approximate and minor adjustments and refinements
can occur based on the results of an Environmental Impact Statement or Natural
Heritage Evaluation.
As a result,the applicant has submitted an Official Plan Amendment and all associated
environmental studies,including reports assessing the environmental impact of the
proposed development.
Town of Aurora Zoning By-law
The subject lands are currently zoned “General Industrial (M2)Zone”and
“Environmental Protection (EP)Zone”by the Town of Aurora Zoning By-law 2213-78,as
amended.(Figure 3)The existing zoning reflects the industrial use of the former tannery
building and the existing watercourse.
The Applicant has submitted an application to amend the zoning bylaw to implement the
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proposed Draft Plan of Subdivision.Exceptions to the Row Dwelling (R6)Zone
standards of the Town’s comprehensive bylaw have also been sought to implement the
proposed residential Draft Plan of Subdivision.(Figure 4)
Reports and Studies
The Owner submitted the following documents as part of a complete application to the
proposed Draft Plan of Subdivision,Official Plan and Zoning By-law Amendment
applications:
Report Name Report Author
Arborist Report The MBTW Group
Stage 1 Archaeological Assessment Archaeological Services Inc.
Benthic Invertebrate Study EXP Services Inc.
Environmental Impact Study Beacon Environmental
Floodplain Analysis Report Cole Engineering Group Ltd.
Functional Servicing and Stormwater
Management Report
Cole Engineering Group Ltd.
Hydrogeology Study EXP Services Inc.
Phase One Environmental Assessment EXP Services Inc.
Planning Justification Report Groundswell Urban Planners Inc.
Slope Stability Assessment Alston Associates Inc.
Soil Investigation Report Soil Engineers Ltd.
Source Water Impact Assessment and
Mitigation Plan
Cole Engineering Group Ltd.
Restoration Concepts for Tannery Creek GEO Morphix Ltd.
Traffic Impact,Site Access and Parking
Study
Cole Engineering Group Ltd.
Urban Design Guidelines The MBTW Group
Phase two Environmental Assessment EXP Services Inc.
Supplemental Phase two Environmental
Site Assessment
EXP Services Inc.
Draft Official Plan and Draft Zoning By-
law documents
Groundswell Urban Planners Inc.
Draft Plan of Subdivision Groundswell Urban Planners Inc.
Proposed Site Plan Groundswell Urban Planners Inc.
Risk Assessment EXP Services Inc.
Proposal
Proposed Plan of Subdivision
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As illustrated on Figure 4,the proposed draft plan of subdivision is divided into four
blocks over the 2.9 ha site.Block “A”represents the Residential Condominium
development area for a total of 1.62 ha.Block “B”and Block “C”represent the Open
Space area for a total of 1.3 ha.Block “D”represents a 0.3m Reserve.
The proposed townhouse development will be subject to a site plan application and a
Draft Plan of Condominium.Currently,the applicant have not submitted a formal site
plan application and Draft Plan of Condominium.However,for reference only,the
applicant provided a conceptual site plan.
Conceptual Site Plan
The conceptual site plan proposes a total of 68 townhome condominium units.(Figure
5)The townhomes are slab on grade (i.e.no basements)and proposed to be 3 storeys
in height.The majority of the townhouse units (55 units)will have a 1 car tandem
garage option,with the remaining 13 units will have a 2 car garage option.There is a
total of 23 visitor parking spaces.Two access points are proposed off Tyler Street,one
access will line up with Mill Street to the North and the other access is situated further
east along Tyler Street.The proposed access to the townhouse development will be a
private condominium laneway.
Tannery Creek Restoration
The watercourse that flows through the subject property is a tributary of Tannery Creek,
which is located in the East Holland River watershed.Based on the Environmental
Impact Assessment by Beacon Environmental,the watercourse is not believed to
provide direct fish habitat,and is located within a highly urbanized area.As such,
Beacon Environmental recommends that a 5 m buffer from proposed physical top of
bank would be sufficient to protect the feature and its function.In addition,the applicant
is providing improvements to the existing channel corridor,including the removal of an
existing concrete weir and culvert,creation of pools,channel platform stabilization,
along with native plantings within the natural feature buffer.
Remediation of a Brownfield Site
When a brownfield property is being redeveloped for a new use,the owner must meet
set requirements for assessing the environmental conditions of a property through
environmental site assessments (ESA).The ESA ensures the subject site meets the
applicable site condition standards or standards specified in a risk assessment.A risk
assessment examines the risk posed to human health,plants,wildlife and the natural
environmental from exposure to a contaminant at the property.The risk assessment is
evaluated by the Ontario Ministry of the Environment and Climate Change (MOECC).In
addition,the Owner must submit a Record of Site Condition for filing in Ontario’s
Environmental Site Registry.
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The applicant submitted a Phase Two environmental site assessment to evaluate the
subsurface conditions at the subject lands.The Phase two ESA involved several soil
and ground water testing programs,a soil and ground water remediation program and
review and inclusion of historical data.
In summary,the Phase Two ESA found 71 parameters which exceeded the Table 8
MOECC standards in the soil samples,35 of which were successfully remediated,and
35 parameters exceeding the Table 8 MOECC standards in the ground water samples,
26 of which were successfully remediated.In addition,the ESA found nitrate and nitrite
in the soil and ground water.The ESA notes that MOECC have no standards for nitrate
and nitrite.These compounds are naturally occurring and are not considered toxic in
soil.Nitrate and nitrite were evaluated in the Risk Assessment.Overall,it is the
applicant’s environmental consultant’s professional opinion that all parameters found
are considered to be standard contaminants from a former tannery site.
As a result,a Risk Assessment (RA)was completed in full compliance with the
mandatory requirements contained in O.Reg.153/04 –Records of Site Condition under
the Environmental Protection Act,R.S.O.1990,c.E.19.The RA is prepared and has
been submitted to MOECC for review,comments and final approval.The RA concluded
that no unacceptable risk is anticipated as a result of soil,ground water and sediment
contamination in the presence of risk management measures proposed in the RA.
Proposed Official Plan Amendment
As shown in Figure 6,the applicant is proposing to amend the existing Official Plan
designation “Existing Employment –Brownfield industrial”,“Environmental Protection”
and “Private Parkland”to “Stable Neighbourhood”and “Environmental Protection”
areas.It is proposed that the boundaries of these designations be refined to be
consistent with the redevelopment concept.
Additional area consisting of private open space is proposed along the western
boundary of the site.This area is proposed to be designated “Environmental Protection”
for the purposes of maintaining the existing natural vegetation on the property.
Proposed Zoning By-law Amendment
As shown in Figure 7,the implementing zoning by-law for the proposed Draft Plan of
Subdivision proposes to rezone lands from “General Industrial (M2)Zone”and
“Environmental Protection (EP)Zone”to “Row Dwelling Residential (R6-X)Exception
Zone”and “Environmental Protection (EP)Zone”.
An amendment to the Zoning By-law is required to facilitate the proposed residential
plan of subdivision.The existing zoning of the lands and surrounding area are detailed
on Figure 7,attached.
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Existing R6 Zone
Requirement
Proposed R6 Exception Zone
Permitted Uses Row housing,maisonettes,link
houses,private home day care
Row housing,maisonettes,link
houses,private home day care
Lot Area per
dwelling unit
(minimum)
Row housing 230 m2 Row housing 137 m2 *
Lot Frontage
(minimum)
Row Housing
Total parcel (min.)30 metres
Per unit (min.)6 metres
Row Housing *
Total parcel (min.)19.9 metres
Per unit (min.)5.5 metres
Front Yard
(minimum)
7.5m 6.0 m *
Rear Yard
(minimum)
7.5 m 7.0 m for ravine facing units,*
7.5 m elsewhere
Side Yard
Exterior (minimum)6.0 m 5.0 m (public road)*
3.0 m (condo road)*
Interior (minimum)1.5 m 1.5m
Unobstructed
Distance Between
Buildings on the
Same Lot
(minimum)
3.0 m 3.0 m
Floor Area
(minimum)
75 m2 75 m2
Lot Coverage
(Maximum)
25 %25 %
Height (maximum)10 m 12.5 m *
*By-law exception required
The Owner has submitted a draft Zoning By-law Amendment which is currently under
review by staff.
COMMENTS
Town Department/Agency Comments
A preliminary review of the proposed Official Plan and Zoning By-law Amendment
applications have been undertaken by internal departments and external agencies.Staff
has identified the following matters to be addressed in greater detail prior to staff
preparing a final report for Council’s consideration:
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The consideration of the subject application relative to existing and future
surrounding land uses to assess the compatibility and appropriateness of the
proposed Official Plan and Zoning By-law amendments;
Verification of an approved Risk Assessment and a Record of Site Condition by
the Ministry of Environment Climate Change is required;
An Urban design peer reviewer will be retained to review the design plans vis a
vis the urban design policies of the Official Plan and the Aurora Promenade
Concept Plan –Urban Design Strategy;including height and the historical
architectural styles of the area;
A more detailed Site Plan showing all dimensions to verify the proposed
development with zoning conformity;
Autoturn analyses is required to conform fire truck manoeuvrability;
Assessment of the proposed two access points onto the Tyler Street;
The water and sanitary capacity analysis needs to be updated according to the
Town’s Engineering standards;
Availability of servicing and acceptable grading subject to detailed engineering
and site plan application;and
Landscaping design should follow the Aurora Promenade design standards as it
relates to design and materials.A vegetation management plan and
compensation planting will be required through the site plan process to address
tree removal and preservation.
The Lake Simcoe Region Conservation Authority (LSRCA)will review and provide
written comments to the Town in context of all the applicable provincial policies as
required under subsection 3(6)of the Planning Act.In addition,the LSRCA will provide
review comments in regards to the Natural Heritage,Water Quality and Quantity,
Source Water Protection,Stormwater Management and Sub-Watershed Plan.
Furthermore,the LSRCA will provide advice to the Town on planning matters where
other legislation may be applicable such as the Environmental Assessment Act,Clean
Water Act and the Endangered Species Act.The full set of comments and
recommended conditions from the LSRCA will be included in a future staff report for
consideration.
PUBLIC COMMENTS
Planning Staff have received comments from the public circulation.At the time of writing
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this report,residents from the surrounding neighbourhood of the subject site provided
written and verbal comments expressing their concerns and questions regarding the
proposed planning application,summarized as the following issues:
Decrease of the surrounding property values;
Concerns regarding the area being a flood plain
Believes this area should be naturalized not developed;
Concerns regarding the loss of a wide variety of wildlife in this area;
Concerns with the proposed basketball courts on the conceptual site plan and
Concerns with the increase noise this development will bring to the area.
LINK TO STRATEGIC PLAN
The proposed Official Plan and Zoning By-law Amendments support the Strategic Plan
goal of Supporting an exceptional quality of life for all through its accomplishment in
satisfying requirements in the following key objectives within this goal statement:
Strengthening the fabric of our community:Through the proposed Official Plan and
Zoning by-law amendment on the subject lands,the application will assist in working
with the development community to ensure future growth includes housing
opportunities for everyone and Work with the development community to meet
intensification targets to 2031 as identified in the Town’s Official Plan.
ALTERNATIVE(S)TO THE RECOMMENDATIONS
1.Direct staff to report back to another Public Planning Meeting addressing any
issues that may be raised at the Public Planning Meeting.
2.Refusal of the application with an explanation for the refusal.
SERVICING ALLOCATION
The proposed residential development would require the allocation of water and
sanitary sewer capacity by Council,if approved.
FINANCIAL IMPLICATIONS
Financial implications will be addressed when a technical review of the proposal is
completed.
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