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AGENDA - Public Planning - 20191023
Council Public Planning Meeting Agenda Wednesday, October 23, 2019 7 p.m. Council Chambers Aurora Town Hall Public Release October 16, 2019 Town of Aurora Council Public Planning Meeting Agenda Wednesday, October 23, 2019 7 p.m., Council Chambers 1. Approval of the Agenda 2. Declarations of Pecuniary Interest and General Nature Thereof 3. Planning Applications 1. PDS19-095 – Application for Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium Bing Rong He & Kai Ping Shen 15385 and 15395 Bayview Avenue Part of Lot 21, Concession 2 File Number: ZBA-2019-03, SUB-2019-01, CDM-2019-02 Recommended: 1. That Report No. PDS19-095 be received; and 2. That comments presented at the Public Planning meeting be addressed by Planning and Development Services in a report to a future General Committee meeting. 4. Confirming By-law Recommended: That the following confirming by-law be enacted: Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Page 2 of 2 XXXX-19 Being a By-law to Confirm Actions by Council Resulting from a Council Public Planning Meeting on October 23, 2019. 5. Adjournment Town of Aurora Public Planning Report No. PDS19-095 Subject: Applications for Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium Bing Rong He & Kai Ping Shen 15385 and 15395 Bayview Avenue Part of Lot 21, Concession 2 File Numbers: ZBA-2019-03, SUB-2019-01, CDM-2019-02 Prepared by: Matthew Peverini, Planner Department: Planning and Development Services Date: October 23, 2019 Recommendations 1. That Report No. PDS19-095 be received; and, 2. That comments presented at the Public Planning Meeting be addressed by Planning and Development Services in a report to General Committee. Executive Summary The purpose of this report is to provide Council with background information related to the proposed Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium applications at the properties municipally known as 15385 and 15395 Bayview Avenue (the subject lands). • The subject lands are designated “Medium-High Density Residential by the Bayview Northeast Area 2B Secondary Plan (OPA 30). This designation permits the proposed density and built-form; • The Owners propose to amend the Zoning By-law from “Rural (RU) Zone” to “Townhouse Dwelling Residential (R8-XX) Exception Zone”; • The Draft Plan of Subdivision and Draft Plan of Condominium applications will facilitate a common element condominium development (Parcels of Tied Land (POTL)) with two (2) freehold townhouse blocks totaling of fifteen (15) units, serviced by a private road; • A future Part Lot Control Application will be required to create the proposed freehold lots; Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 1 of 17 October 23, 2019 Page 2 of 10 Report No. PDS19-095 • The applications will be reviewed for consistency and conformity with Provincial, Regional and Municipal Planning Documents and Legislation; and, • Staff have identified matters to be addressed in greater detail prior to staff preparing a final report for Council’s consideration. Background Location / Land Use The subject lands are located on the east side of Bayview Avenue, south of River Ridge Boulevard. The properties are municipally known as 15385 and 15395 Bayview Avenue (Figure 1). The subject lands are approximately 3,498.7 m2 (0.35 hectares) in area, with a frontage of approximately 60.96 m. On the 15395 Bayview Avenue (northern) property, there is an existing one-storey single detached dwelling, a detached garage, and two sheds. On the 15385 Bayview Avenue (southern) property, there is a one-storey dwelling with a second storey addition, and two sheds. Several trees are located throughout the subject lands, and the lands have a relatively flat topography. Surrounding Land Uses The surrounding land uses are as follows: North: Stormwater Management Pond. South: Single Detached and Townhouse Dwellings. East: Stormwater Management Pond. West: Bayview Avenue and the Aurora Centre Commercial Plaza. Policy Context Provincial Policies All Planning Act development applications must be consistent to Provincial policy. 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 Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 2 of 17 October 23, 2019 Page 3 of 10 Report No. PDS19-095 framework which guide decisions on how land will be planned, designated, zoned and designed. The Lake Simcoe Protection Plan (LSPP) provides policies which address aquatic life, water quality, water quantity, shorelines and natural heritage, other threats and activities (including invasive species, climate change and recreational activities) and implementation. York Region Official Plan (YROP) The subject lands are designated as “Urban Area” within the YROP, and are located on Regional Road 34 (Bayview Avenue). York Region’s planning vision for the Urban Area is to strategically focus growth while conserving resources; and to create sustainable, lively communities. A primary goal of the YROP is to enhance the Region’s urban structure through city building, intensification and compact, complete vibrant communities. The subject lands are located within the 10-25 Year Wellhead Protection Area (WHPA-D) Zone. The subject lands are not located within the Oak Ridges Moraine Conservation Plan (ORMCP) area. Bayview Northeast Area 2B Secondary Plan (OPA 30) General residential policies of OPA 30 highlight that along Bayview Avenue, medium to high density housing, primarily in the form of townhouses or low-rise buildings, is intended to ensure that a full range of housing types is offered within the urban expansion area east of Bayview Avenue. OPA 30 categorizes residential land use designations into “Low-Medium Density Residential” and “Medium-High Density Residential”. The subject lands are designated “Medium-High Density Residential” by OPA 30 (Figure 2). This designation is intended to permit a range of above-grade housing forms such as stacked row houses, terrace houses, maisonettes, and garden apartments. Street and/or block row houses are also permitted within this designation. The proposed townhouse (aka row houses) built-form is permitted within this designation, and as such, an Official Plan Amendment application is not required. The maximum net residential density for any individual lot and/or block designated Medium-High Density Residential shall generally not exceed 99 units per hectare (40 units per acre). Buildings heights shall generally not exceed four storeys. Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 3 of 17 October 23, 2019 Page 4 of 10 Report No. PDS19-095 Zoning By-law 6000-17, as amended The subject lands are zoned “Rural (RU) Zone” by the Town’s Comprehensive Zoning By-law 6000-17, as amended (Figure 3). The RU zone permits Agricultural Uses, Detached Dwellings, Second Suite Dwellings, Greenhouses, Home Occupations, and a Place of Worship. The proposed townhouse blocks are currently not a permitted use in the RU Zone, therefore an application to amend the Zoning By-law to permit the proposed development is required. Plans, Reports and Studies The Owner submitted the following documents as part of a complete application to the proposed Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium applications: Plan/Report/Study Name Report Author Planning Justification Report Michael Smith Planning Consultants; Development Coordinators Ltd. Draft Plan of Subdivision Michael Smith Planning Consultants; Development Coordinators Ltd. Draft Plan of Condominium Michael Smith Planning Consultants; Development Coordinators Ltd. Draft Zoning By-Law Amendment Michael Smith Planning Consultants; Development Coordinators Ltd. Lighting Plan e-Lumen Consulting Engineers Conceptual Building Elevations Cassidy & Co. Architectural Technologists Environmental Impact Study RiverStone Environmental Solutions Inc. Geotechnical Study CCI Group Hydrogeological Investigation Report Sirati & Partners Consultants Ltd. Phase 1 and 2 Environmental Site Assessment Sirati & Partners Consultants Ltd. Landscape Plan Cosburn Nauboris Ltd. Landscape Architects Functional Servicing and Preliminary Stormwater Management Report Crozier Consulting Engineers Traffic Entrance Analysis Addendum WSP Global Inc. Noise Feasibility Study HGC Engineering Stage 1 and 2 Archaeological Assessment ASI Archaeological & Cultural Heritage Services Conceptual Site Plan Cassidy & Co. Architectural Technologists Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 4 of 17 October 23, 2019 Page 5 of 10 Report No. PDS19-095 Proposed Applications Proposed Zoning By-law Amendment As shown in Figure 4, the Applicant proposes to rezone the subject lands from “Rural (RU) Zone” to “Townhouse Dwelling Residential Exception (R8-XX) Zone”. The exception zone is required to permit the development of the townhouse blocks with site- specific permissions. The Owner has submitted a draft Zoning By-law which is currently under review by staff. The following is a table to compare the difference between the parent R8 Zone requirements with the proposed R8 Exception Zone. Parent R8 Zone Requirement Proposed R8-XX Exception Zone Permitted Uses • Dwelling, Townhouse • Dwelling, Quadriplex • Dwelling, Link • Back-to-back Townhouse • Stacked Townhouse • Dwelling, Second Suite • Home Occupation 15 Townhouse Dwelling Units * Lot Area (minimum) 180 m2 145 m2 * Lot Frontage (minimum) 30 m (6 m per unit) 30 m (6 m per unit) Front Yard (minimum) 7.5 2.5 m from Bayview Avenue for Block 1 * 6.0 m from internal private road for Block 2 * Rear Yard (minimum) 7.5 m 6.0 m * Side Yard (minimum) Exterior: Interior: 6 m 0.0 m 1.5 m for end units N/A * 0.0 m (along a common lot line) 1.35 for end units * Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 5 of 17 October 23, 2019 Page 6 of 10 Report No. PDS19-095 Lot Coverage (maximum) 50% 55% for entire development * Height (maximum) 10 m 16.0 m * Note: Some of the Zoning Standards in the Parent R8 Zone are subject to additional provisions of the Zoning By-law. The proposed By-law exceptions are highlighted and labelled with an asterisk “*”. Final zoning performance standards will be evaluated by Staff in detail prior to the implementing Zoning By-law Amendment being brought forward to Council for enactment. Proposed Common Element Condominium Development (Draft Plan of Subdivision and Draft Plan of Condominium) The applicant has submitted applications for Draft Plan of Subdivision and Draft Plan of Condominium to facilitate a Common Element Condominium (POTL) development. As illustrated on Figure 5, the proposed Common Element Condominium development consists of 4 blocks. Block 1 consists of 8 townhouse dwelling units, Block 2 consists of 7 townhouse dwelling units, Block 3 includes the common element condominium components (private road, visitor parking, landscape feature), and Block 4 is to be conveyed to York Region for purposes of a future road widening. The following is a breakdown of the proposed Common Elements Condominium Development: Proposed Land Use Lot and Block # # of Units Area (ha) Residential 1 8 0.124 Residential 2 7 0.111 Common Elements (Road, visitor parking and landscaping) 3 n/a 0.104 Road Widening 4 n/a 0.003 Totals 4 15 0.342 The proposed siting and elevations for the townhouse blocks have been included as Figures 6 and 7 to this report for context. Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 6 of 17 October 23, 2019 Page 7 of 10 Report No. PDS19-095 Analysis Department / Agency Comments A preliminary review of the proposed Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium applications have been undertaken by Town departments and external agencies. Staff have identified the following matters to be addressed in greater detail prior to the preparation of a final recommendation report for Council’s consideration: • The consideration of the subject applications relative to existing and future surrounding land uses to assess the compatibility and appropriateness of the proposed applications; • Finalization of the amending Zoning By-law to ensure all site-specific zoning standards are identified; • Finalization of the Draft Plan of Subdivision and Draft Plan of Condominium, and compilation of their respective conditions of draft approval; • An urban design peer review of the Owner’s submission (character, connectivity, massing, height, building materials, interface with Bayview Avenue, relationship with surrounding community); • Discussion related to the amount of amenity space provided; • Analysis and calculation of available servicing capacity for the proposed development is required; • The LSRCA’s review of technical studies to address the policies of the Lake Simcoe Protection Plan and Watershed Guidelines; • Landscape Plans and a detailed Vegetation Management Plan will be required through the Draft Plan of Subdivision process to address all tree removal and preservation issues; Compensation planting will be required for all removed vegetation based on the Town’s tree Removal/Pruning and Compensation Policy; • Determination of noise mitigation measures through an update to the Noise Feasibility Study – specifically units fronting Bayview Avenue; • The completion of a Hydrogeological Study to determine minimum requirements for water balance and phosphorus offsetting; and, • An updated Traffic Entrance Analysis Addendum to address concerns outlined by the Town’s Transportation/Traffic Analyst; Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 7 of 17 October 23, 2019 Page 8 of 10 Report No. PDS19-095 Public Comments Planning Staff have not received any comments from the public circulation at the time of writing this report. Alternative(s) to the Recommendation None. Advisory Committee Review No Communication Required. Legal Considerations Section 34(11) of the Planning Act states that if Council refuses the application for Zoning By-law Amendment or fails to make a decision on the application within 90 days after receipt of the application by the Clerk, the applicant (or the Minister) may appeal the application to the Local Planning Appeal Tribunal (LPAT). Section 51(34) of the Planning Act states that if Council refuses the application for Draft Plan of Subdivision or fails to make a decision on the application within 120 days after receipt of the application by the Clerk, the applicant (or the Minister) may appeal the application to the Local Planning Appeal Tribunal (LPAT). The application was received by Staff on August 21, 2019, and was deemed complete on September 3, 2019. Therefore, the applicant may appeal the Zoning By-law Amendment application to LPAT after December 1, 2019, and the Draft Plan of Subdivision application after December 31, 2019. Financial Implications There are no financial implications. Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 8 of 17 October 23, 2019 Page 9 of 10 Report No. PDS19-095 Communications Considerations On September 5, 2019, a Notice of Complete Application respecting the Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium applications was published in the Auroran and Aurora Banner newspapers. On October 3, 2019 a Notice of Public Planning Meeting respecting the Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium applications was published in the Auroran and Aurora Banner newspapers. In addition, the notices were issued 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 requirements of the Planning Act. Link to Strategic Plan The proposed Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium applications will be reviewed in accordance with the Strategic Plan and its goal of “supporting an exceptional quality of life for all” and the objective of “strengthening the fabric of our community”. Next Steps Staff will undertake a technical review of the subject application including, but not limited to, the above noted matters, the comments received from circulating the planning applications, and comments from the general public and Council at the Public Planning Meeting. A comprehensive report with recommendations will be presented to Council for consideration and direction at a future General Committee Meeting. Attachments Figure 1 – Location Map Figure 2 – Existing Official Plan Designation Figure 3 – Existing Zoning By-Law Figure 4 – Proposed Zoning By-law Figure 5 – Proposed Common Elements Condominium Plan Figure 6 – Proposed Siting Figure 7 – Conceptual Building Elevations Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 9 of 17 Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 10 of 17 Ba rrCr esc e n tBayview AvenueMcNally WayRiver Ridge BoulevardZokolDriveBayview AvenueLOCATION MAPMap created by the Town of Aurora Planning and Building Services Department, October 9, 2019. Base data provided by York Region & the Town of Aurora. Air Photos taken Spring 2018, © First Base Solutions Inc., 2018 Orthophotography.¯FIGURE 1St John's SdrdWellington St EVandorf SdrdHenderson Drive^Wellington St WUV404UV404Leslie StYonge StBathurst StBayview AveBloomington Rd0 20406080MetresAPPLICANT: Bing Rong He & Kai Ping ShenFILE: ZBA-2019-03, SUB-2019-01 & CDM-2019-02SUBJECT LANDS1539515385Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 11 of 17 Conover AvenueCollisDriveMcNally WayRiver Ridge BoulevardCottinghillWayZokolDriveBarrCrescentBAYVIEW AVENUEEXISTING OFFICIAL PLAN DESIGNATIONMap created by the Town of Aurora Planning & Building Services Department, October 9, 2019. Base data provided by York Region & the Town of Aurora.¯0 1020304050MetresAPPLICANT: METROPOLITAN SQUARE INC.FILES: SP-2016-10 & ZBA-2015-15FIGURE 2St John's SdrdWellington St EVandorf SdrdHenderson Drive^Wellington St WUV404UV404Leslie StYonge StBathurst StBayview AveBloomington RdLow - MediumDensity ResidentialExisting CommercialSchedule A OPASchedule B1 Secondary Plan AreaMedium - HighDensity ResidentialSUBJECT LANDSCouncil Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 12 of 17 CollisDriveConover AvenueMcNally WayRiver Ridge BoulevardCottinghillWayZokolDriveBarrCrescentR8(311)R5(307)I(327)C5(298)R8(287)EPR6(286)R5(285)R4(309)R4(310)RUC5(332)R8(312)R5(307)EXISTING ZONING BY-LAWMap created by the Town of Aurora Planning & Building Services Department, October 9, 2019. Base data provided by York Region & the Town of Aurora.¯0255075100MetresAPPLICANT: BING RONG HE & KAI PING SHENFILE: ZBA-2019-03, SUB-2019-01 & CDM-2019-02FIGURE 3St John's SdrdWellington St EVandorf SdrdHenderson Drive^Wellington St WUV404UV404Leslie StYonge StBathurst StBayview AveBloomington RdSUBJECT LANDSInstitutionalINSTITUTIONAL ZONESIDetached ForthDwelling ResidentialR4COMMERCIAL ZONESZoning LegendDetached FifthDwelling ResidentialRESIDENTIAL ZONESR5OPEN SPACES ZONESEnvironmental ProtectionEPIndustrialC5Semi-Detached andDuplex Dwelling ResidentialR6RuralRUTownhouse DwellingResidentialR8Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 13 of 17 CollisDriveConover AvenueMcNally WayRiver Ridge BoulevardCottinghillWayZokolDriveBarrCrescentR8(311)R5(307)I(327)C5(298)R8(287)EPR6(286)R5(285)R4(309)R4(310)RUC5(332)R8(312)R5(307)PROPOSED ZONING BY-LAWMap created by the Town of Aurora Planning & Building Services Department, October 9, 2019. Base data provided by York Region & the Town of Aurora.¯0255075100MetresAPPLICANT: BING RONG HE & KAI PING SHENFILE: ZBA-2019-03, SUB-2019-01 & CDM-2019-02FIGURE 4St John's SdrdWellington St EVandorf SdrdHenderson Drive^Wellington St WUV404UV404Leslie StYonge StBathurst StBayview AveBloomington RdSUBJECT LANDSInstitutionalINSTITUTIONAL ZONESIDetached ForthDwelling ResidentialR4COMMERCIAL ZONESZoning LegendDetached FifthDwelling ResidentialRESIDENTIAL ZONESR5OPEN SPACES ZONESEnvironmental ProtectionEPIndustrialC5Semi-Detached andDuplex Dwelling ResidentialR6RuralRUTownhouse DwellingResidentialR8R8(XX)Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 14 of 17 Map created by the Town of Aurora Planning & Building Services Department, October 10, 2019.PROPOSED COMMON ELEMENTS CONDOMINIUMAPPLICANT: Bing Rong He & Kai Ping ShenFILE: ZBA-2019-03, SUB-2019-01 & CDM-2019-02FIGURE 5Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 15 of 17 Map created by the Town of Aurora Planning & Building Services Department, October 10, 2019.PROPOSED SITING PLANAPPLICANT: Bing Rong He & Kai Ping ShenFILE: ZBA-2019-03, SUB-2019-01 & CDM-2019-02FIGURE 6Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 16 of 17 Map created by the Town of Aurora Planning & Building Services Department, October 10, 2019.PROPOSED ELEVATIONSAPPLICANT: Bing Rong He & Kai Ping ShenFILE: ZBA-2019-03, SUB-2019-01 & CDM-2019-02FIGURE 7Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Item 1 Page 17 of 17 The Corporation of The Town of Aurora By-law Number XXXX-19 Being a By-law to confirm actions by Council resulting from a Council Public Planning meeting on October 23, 2019. The Council of the Corporation of The Town of Aurora hereby enacts as follows: 1. That the actions by Council at its Council Public Planning meeting held on October 23, 2019, in respect of each motion, resolution and other action passed and taken by the Council at the said meeting is hereby adopted, ratified and confirmed. 2. That the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. Enacted by Town of Aurora Council this 23 rd day of October, 2019. Tom Mrakas, Mayor Samantha Yew, Deputy Town Clerk Council Public Planning Meeting Agenda Wednesday, October 23, 2019 Confirming By-law Page 1 of 1