100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca

Town of Aurora

Committee of Adjustment Report No. MV-2021-19

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Subject: Minor Variance Application Sixfive (ETS) GP Inc. 45 Eric T Smith Way LOT 7, Plan 65M-4324 MV-2021-19 Related Planning Application: SP-2021-01

Prepared by: Rosanna Punit

Department: Planning and Development Services

Date: July 8, 2021

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Application

The owner/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 multi-unit industrial building. The following relief is being requested:

a) Section 10.2: Minimum Landscaping Provisions for Business Park (E-BP) of the Zoning By-law requires a minimum landscape strip of 3.0 metres along the west property line. The landscape strip along the west property line is 1.5m at its smallest width.

Background

Subject Property and Area Context

The subject property, municipally known as 45 Eric T Smith Way, is generally located west of Highway 404, south of Wellington Street, east of Leslie Street. The subject property has an approximate lot area of 1.7 hectares (4.2 acres) and a frontage of 83 meters (273 feet). The property is currently vacant, there are no trees or buildings on the site. The rear of the property is subject to a 6.0 metre trail easement.

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Proposal

The applicant is proposing a 1.5 metre landscape strip on the west property line, whereas a minimum of 3.0m is required. There is a current site plan application that is being reviewed by staff which proposes a 21 unit, multi tenant building with an approximate total area of 6,900m2.

There is office space located at the front of the building within the ground floor and second storey with a total area of approximately 1,600m2 (17,222 ft2). The units located at the rear of the property are proposed industrial units which include truck loading docks on the west side. The total area of the industrial uses is approximately 5,300m2 (57,048 ft2).

The total parking spaces provided are 143 with 5 accessible spaces, and 15 loading trucks docks based on the Preliminary Zoning Review site plan. The height of the building is 8.84m (29 feet).

Official Plan

The subject property is designated “Business Park” within Official Plan Amendment 30 (OPA 30). The Business Park Designation permits a range of uses including, but not limited to: business and professional offices, training facilities, institutional uses.

To ensure high quality of development, the Town shall have regard for planning considerations including but not limited to, site planning of buildings, parking areas, access driveways, loading areas, landscaped areas and walkways, in a manner that enhances the campus-like setting of the Business Park. The Wellington Street East Corridor (2B) – Urban Design Guidelines (Dated: November 2002) were developed in accordance with OPA 30.

Zoning

The subject property is zoned “E-BP(349)” (Employment Business Park, exception zone 349) by Zoning By-law 6000-17, as amended, which allows for office and warehousing, subject to specific provisions of the by-law. The site exception #349 provides for the floor area ratio for office to be increased, from 17% to a maximum of 50%, provided that it can be demonstrated that the increase can be supported by the existing and proposed road network and the increase will not have any undue impact on the existing or proposed intersection operations. The 3.0 metre landscape strip is required to provide vegetation plantings that will be viable to enhance the site and to provide buffering with abutting properties.

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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, no other variance was identified.

Applicant’s stated reason for not complying with the Zoning By-law

As stated in the Minor Variance application form, “It is not possible to comply with the provision of the By-law as in order to meet the parking requirements of the by-law, parallel parking spaces are proposed along the western boundary of the subject site. Furthermore, due to the access appropriate for the rear loading spaces/docks, and the proposed circular driveway through the site, the landscape strip needs to be reduced to accommodate the necessary space for the vehicle access and parking. Additional details and information are provided in the accompanying Planning Justification Letter”.

Planning Comments

Planning Staff have evaluated the Minor Variance Application MV 2021-19 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 Business Park designation provides for a mix of employment uses on sites that are designed and landscaped to present a high quality and prestige image. Staff are of the opinion that the overall design of the building and function of the site are not negatively affected by the reduced landscape strip to 1.5m on the west side of the property. Staff are of the opinion that the overall prestige image of the business park is being maintained thereby meeting the general intent of the Official Plan.

b) The proposed variance meets the general intent of the Zoning By-law

The intent of the landscape strip requirement in the zoning by-law is to provide adequate space for viable plantings to enhance the site and provide buffering from abutting properties. Staff have reviewed the variance request and are of the satisfied that the reduced landscape strip of 1.5m, along the west property line, can accommodate plantings as per the Town’s Landscape Design Standards. Staff will continue to work with the applicant to ensure the appropriate and enhanced plantings are provided and secured through the site plan approval process. Staff are of the opinion that the proposed reduction in minimum required landscape strip on the west property line will provide adequate buffering and still achieve high quality vegetation plantings that will add to the overall prestige of the area.

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c) The variance is considered desirable for the appropriate development of the property

Staff are of the opinion that the overall reduction of landscape strip does not negatively affect the overall site or neighbouring properties. The reduction of the landscape strip will provide for vegetation plantings and contribute positively to the public realm. In addition, through the site plan process, the Town will obtain an easement over a portion of the lands at the rear that will contribute to a trail system which will connect to the other trail systems proposed in the area. Staff are of the opinion the requested variance is desirable and appropriate development of the property.

d) The variance is considered minor

The building proposed provides for the employment function to be implemented, staff are of the opinion that reduced landscape strip does not negatively affect the overall integrity of the site. Through the site plan process, staff will ensure the plantings along the 1.5m landscape strip are provided and to ensure their viability in accordance with the Town’s Landscape Design Standards.

Staff are of the opinion that the requested variance is considered minor.

Additional Comments

The minor variance application was circulated internally and to external agencies for review and comment. The following comments were provided:

Department or Agency

Comments

Building Division Preliminary Zoning Review was completed on May 31, 2021.

Engineering Division No concerns on the application (e-mail dated June 18, 2021).

Operational Services

• Operational Services is agreeable to reducing the Landscape Strip from 3.0 m to 1.5 m

• The 1.5 m landscape strip shall be planted as per the Landscape Design Standards with trees selected according to site conditions.

• The topsoil within the 1.5 m landscape strip shall have a minimum depth of 600mm to promote optimum conditions for vegetation health.

(Memo dated: June 28, 2021)

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Department or Agency

Comments

Central York Fire Services No comments have been received at the time of writing this report.

York Region York Region has no comments on the application (e-mail dated June 22, 2021).

LSRCA

No comments on application as it is located outside the area governed by O. Reg. 179/06 under the Conservation Authorities Act (e-mail dated June 25, 2021).

Alectra Comments have been received at the time of writing this report (e-mail dated: June 15, 2021)

Public Correspondence

Written submissions were 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 does meet the four tests of the Planning Act.

Attachments

Appendix ‘A’ – Conditions of Approval

Appendix ‘B’ – Site Plan

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Appendix ‘A’ – Conditions of Approval

1. That the variance only applies to the subject property, in substantial conformity

with the plan attached as ‘Appendix B’ to this Staff Report and dated May 6, 2021, to the satisfaction of the Director of Planning and Development Services.

Appendix 'B' - Site Plan