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MINUTES - Council - 19940924II TOWN OF AURORA COUNCIL MEETING NO. 31-94 Council Chambers Aurora Town Hall Wednesday, September 28, 1994 8:00p.m. MINUTES II COUNCIL MEMBERS IN ATTENDANCE Mayor West in the Chair; Councillors Griffith, Healy, Jones, McKenzie, Pedersen, Timpson and Weller. Councillor Constable was absent. STAFF MEMBERS IN ATTENDANCE Municipal Clerk, Town Solicitor, Director of Planning, Director of Building Administration, Director of Personnel, Fire Chief, Treasurer, Works Operations Manager and Recording Secretary. DECLARATION OF CONFLICT OF INTEREST There were no disclosures of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #534. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the content of the Agenda be approved as outlined herein, with the additions of Delegations from Mr. Jim McAlpine, re: Report PL94-112-270 and Mr. Jeffrey White, re: Bayview- Wellington Development. With the additions of Correspondence from 1 40 Aurora Squadron to the New Business section of the Agenda, Report PL94-116-275 to the Unfinished Business section of the Agenda and revised versions of Bill Numbers 3562-94.D and 3563-94.D CARRIED Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 DELEGATIONS . · .. ·· Mr. Tim Rombos. The Purple Pig re: Sign Variance Application Page 2 Mr. Rombos addressed Council seeking support for the requested variance to the Town's Sign By-law. In support of the request, Council was advised that the property in question is obscured from traffic travelling east bound on Wellington Street due to topography of the adjoining lands. Council was requested to approve the variance in order to increase exposure of the property and thereby the clientele who will frequent the premises. #535. Moved by Councillor Griffith Seconded by Councillor Timpson THAT the delegation be received and referred for consideration along with Report BA94-007-265. CARRIED Mr. Lloyd Cherniak. West Hill Redevelopment Company Limited re: Zoning By-law. Blocks E and F. Plan M-57 Mr. Cherniak attended Council to advise that the proponents had reconfigured the land previously proposed for seven townhouse units such that six semi- detached dwellings would be constructed in a manner more conducive to the site constraints. The contents of the Staff Report included on the Agenda were supported. Council was requested to give the implementing Zoning By-law first and second reading, with third reading to be tabled at its next available meeting. #536. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the delegation be received and referred for consideration along with Report PL94-112-270. CARRIED Mr. Roger Beaman. Thomson Rogers re: Bayview- Wellington Developments Inc, Mr. Beaman attended the meeting to summarize the various issues related to the proposed development which were tabled for consideration this evening. Council was advised the comprehensive conditions of draft approval were finalized, the text of a Performance Agreement between the land owners and the municipality was in place and the Zoning By-law had obtained its final series of revisions and was also before Council for approval. The Staff of the municipality was thanked for their efforts in completing the comprehensive documentation necessary in a timely fashion. Mr. Beaman distributed correspondence obtained from Zellers, Loblaws and Eaton's indicating their interest in locating in the commercial facilities to be constructed in conjunction with the implementation of the draft plan of subdivision. Mr. Peter Walker representing Loblaws requested Council consider varying the list of permitted uses on the campus commercial lands to include a supermarket. Mr. Walker advised that it was the intention of Loblaws to construct a free standing 80,000 square foot facility on the campus commercial property. This new initiative of the company is designed to compete with Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 3 other major retailers and is intended to provide an alternative to recent consumer trends to larger facilities. In order to accommodate the construction of the store in the manner sought, a change to permitted uses within the campus commercial lands to include a "supermarket" was necessary. Council was requested to give favourable consideration to the request and include the change in the Zoning By-law prior to third reading. #537. Moved by Councillor Pedersen Seconded by Councillor Jones THAT the delegations be received and referred for consideration along with Report PL94-1 09-268. CARRIED Mr. Jeffrey White. Aurora Chambers of Commerce re: Bayview Wellington Developments Inc. Mr. White distributed correspondence from the Chambers of Commerce addressed to the Wellington Street Corridor Study Committee supporting the proposed town centre plan and the initiatives of the Bayview-Wellington property owners as they relate inclusion of the community commercial shopping centre in the overall development. #538. Moved by Councillor Weller Seconded by Councillor McKenzie THAT the delegation be received and referred for consideration along with Report PL94-1 09-268. CARRIED Mr. Jim McAlpine. McAlpine Ford Lincoln Mercury Sales Ltd. re: Proposed Zoning By-law Amendment. West Hill Redevelopment Company Limited. Blocks E and F. Plan M-57 Mr. McAlpine advised Council that he is opposed to the initiatives of the property owners to proceed with the amendments to the Zoning By-law for Blocks E and F, Plan M-57. Mr. McAlpine advised that the balance of the owners' lands are subject of an appeal he has lodged before the Ontario Municipal Board which, as of this date, is not resolved. Council was requested to hold the implementation of the Zoning for the subject blocks in abeyance until the matters under appeal were considered and disposed of by the Board. #539. Moved by Councillor McKenzie Seconded by Councillor Weller THAT the delegation be received and referred for consideration along with Report PL94-112-270. CARRIED PRESENTATION Presentation to Fire Chief Stuart G, Wilson Mayor West on behalf of members of Council and Staff provided retiring Fire Chief Stuart Wilson with framed cepia renderings of the first municipal Town Hall/Fire Station on Yonge Street and a rendering of the historic railway station. Chief Wilson was thanked for his 30 year contribution to the municipality. Best wishes for an enjoyable retirement were extended. :.: '' :~ ------------------···--'-:~:__._.-..:..._ .. ,_cL_. _____ .,_ Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 ADOPTION OF MINUTES Special Council-Public Planning Meeting No. 26-94. August 24. 1994 Council Meeting No. 27-94. Wednesday. August 24. 1994 Special Council Meeting No. 28-94. Tuesday. September 6. 1994 Council Meeting No. 29-94. Wednesday. September 14. 1994 Page 4 #540. Moved by Councillor Weller Seconded by Councillor McKenzie THAT the Minutes of Meeting Numbers 26-94, 27-94, 28-94 and 29-94 be adopted as printed and circulated. CARRIED II SECTION "A, -CONSENT ITEMS II CORRESPONDENCE AND PETITIONS The Regional Municipality of York re: Imposition of a Supplementary Assessment Fee to be Charged Against Municipalities THAT the correspondence be received as information. Lake Simcoe Region Conservation Authority re: Nominations for L.S.R.C.A. Conservation Awards Program THAT the correspondence be received as information; and THAT notice of the Conservation awards program be published in the Town's Notice Board to solicit recommendations for nominations from the public. Navy League of Canada, Newmarket Branch re: Request Permission to Conduct "Tag Days" THAT permission be granted to the Navy League of Canada, Newmarket Branch to conduct fundraising "tag days" on September 29th, September 30th and October 1, 1994 in the Town of Aurora. Aurora High School re: Request to Hood "No Parking" Signs for Honours Tea and Commencement THAT the "no parking" signs on the west side of McDonald Drive be hooded from 1 :00 p.m. until midnight on November 11, 1994 for the school's Honours Tea and Commencement. Aurora High School re: Town of Aurora Awards THAT Aurora High School be notified that Council intends to make the Town of Aurora Awards available for the 21st Annual Commencement of Aurora High School. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Devins Drive Public School re: Request Permission to Lift Page 5 Parking Restrictions at Devins Drive Public School -Various Dates THAT permission be granted to have the parking restrictions in the vicinity of Devins Drive Public School lifted between the following hours on the following dates: September 22/94 October 19/94 December 1 /94 December 2/94 December 1 5/94 February 9/95 February 22/95 May 4/95 May 12/95 June 28/95 Meet the Teacher Night Family Life/Sex Education Information Night Parent/Teacher Interviews Parent/Teacher Interviews Arts Night Science Exhibits Night Winter Festival Drama Night Jump Rope for Heart Graduation Mr. C. Gans. Resident re: Request to Close-Off Valhalla Court for Street Party. September 31/94 6:30 -9:00 p.m. 6:00-10:00 p.m. 4:00 -9:30 p.m. 8:00 -4:00 p.m. 6:00 -9:00 p.m. 6:00-9:00 p.m. 8:00 -4:00 p.m. 6:00 -9:00 p.m. 8:00 -4:00 p.m. 7:00-10:30 p.m. THAT permission be granted to the residents of Valhalla Court to close- off Valhalla Court on September 31, 1994 from 3:30p.m. to midnight for a street party; and THAT the residents notify the Works and Fire Departments, the Police and Ambulance Services and all residents on the said street of this event. The Toronto Academy of Veterinary Medicine re: Low-Cost Rabies Clinic. October 15. 1994 THAT the correspondence be received as information; and THAT a notice be placed in the Town's Notice Board informing the public of the date, time and location of the low-cost Rabies Clinic. Canada Committee for The International Year of the Family re: International Year of the Family 1994 THAT 1994 be proclaimed International Year of the Family in the Town of Aurora. The Regional Municipality of York re: Road Construction-Bayview Avenue and St. John's Sideroad Intersection THAT the correspondence be received as information. David Merkur Holdings Inc. re: Request Permission to Hold 4th Annual Charity Auto Slalom. The Aurora Shopping Centre THAT permission be granted to the Aurora Shopping Centre to host the 4th Annual Charity Auto Slalom at the Aurora Shopping Centre, 14800 Yonge Street on October 16, 1994 Aurora Council Minutes No. 31-94 Page 6 Wednesday, September 28, 1994 Committee of Adjustment. Notices of Decision re: Application B-12-94/D1 0-12-94 IThe Alpen House Ltd.! Application B-10&11-94/010&11-94 !Maple Leaf Foods lnc.l Application A-27-94/D13-27-94 IW.M.I. Waste Management lnc.l THAT the correspondence be received as information. ST AEE REPORTS CL94-048-260 -Taxi Cab By-law THAT Council instruct staff to hold existing available taxi plates pending an analysis of demand and the current pricing structure prescribed by By- Law Number 3344-91. CL94-049-261 -Ontario Hydro Agreement. Magna International Pratt Plan of Subdivision THAT the terms prescribed by Ontario Hydro related to the acquisition of a sewer easement to permit the construction of external municipal services for the Magna International Draft Plan of Subdivision project be accepted; and THAT the necessary documentation with Ontario Hydro be executed by the Mayor and Municipal Clerk. TR94-028-262 -Release of Outside Works Securities Coscan Development Corporation: D11-06-91 for 65M-2805. Blk 186. Ross Linton Townhouses THAT upon the recommendation of the Director of Public Works, the Director of Building Administration, the Leisure Services Department, and the Eire Department, the financial security in the amount of $45,500.00 held in connection with the Outside Works Securities relating to Plan 65M-2805 between Coscan Development Corporation and the Town of Aurora may now be released in its entirety. TR94-029-263 -Release of Outside Works Securities Coscan Development Corporation. D 11-1 9-90 for 65M-2805. Blks 184 &187. Link Townhouse Units- Covent Crescent THAT upon the recommendation of the Director of Public Works, the Director of Building Administration, the Leisure Services Department, and the Eire Department, the financial security in the amount of $14,232.00 held in connection with the Outside Works Securities relating to Plan 65M-2805 between Coscan Development Corporation and the Town of Aurora may now be released in its entirety. TR94-031-264 -Development Charges Statement-1993 in Accordance with the Development Charges Act. THAT Report No. TR94-31 regarding 1993 Development Charges be received by Council as information. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 7 #541. Moved by Councillor McKenzie Seconded by Councillor Weller THAT the suggested resolutions respecting the matters listed as "Consent Items" be adopted as submitted to Council, and Staff be authorized to take all necessary action required to give effect to same. CARRIED II SECTION "8"-MATTERS FOR CONSIDERATION II CORRESPONDENCE AND PETITIONS Petition from Residents of Centre Crescent re: Collection of Garbage and Blue Boxes #542. Moved by Councillor Griffith Seconded by Councillor Timpson THAT the correspondence be received and referred to Staff for a Report. CARRIED COMMITTEE REPORTS LACAC94-08 -September 12. 1994. L.A.C.A.C. Meeting #543. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT the Report of the LACAC meeting held on September 1 2, 1994, be received as information. CARRIED STAFF REPORTS BA94-007-265 -Variance to Sign By-law No. 3400-92 155 Wellington Street East and Delegation of Mr. Tim Rombos. The Purple Pig re: Sign Variance Application #544. Moved by Councillor Jones Seconded by Councillor Griffith THAT the request for a variance to the sign by-law be denied. CARRIED Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 8 CL94-046-266 -Execution of a Subdivision Agreement Between the Town of Aurora and 1 024963 Ontario Limited Draft Plan of Subdivision 19T-85048 /Henderson Gardens- Bathurst Street and Henderson Drivel #545. Moved by Councillor Healy Seconded by Councillor Jones THAT, subject to the Owners satisfactorily addressing the following outstanding issues: i) provision of financial payments and securities, as described in Schedules "G" and "H" respectively of the Agreement; ii) the receipt and approval of all outstanding landscaping documentation to support such Agreement; iii) resolution of property title deficiencies to the satisfaction of the Town's solicitor; and iv) confirmation by the Director of Public Works that the flooding related concerns of existing homeowners have been satisfactorily addressed the Mayor and Clerk be authorized to execute a Subdivision Agreement dated September 28, 1994, between the Town of Aurora and 1 024963 Ontario Limited with respect to the lands included within Draft Plan of Subdivision 19I-85048; THAT upon execution of the Agreement the Mayor and Clerk be authorized to execute all documents necessary to effect the transfer of certain lands, reserves, and easements, at the developer's expense, as described in Schedule "F" of the Agreement; THAI the I own's net share of reconstruction works for Henderson Drive, which have been undertaken to date and are contemplated by the terms of the Agreement, in the total amount of $98,234.00 be financed from the Engineering Reserve; and THAT upon execution of the Agreement Council confirm allocation of the servicing capacity necessary to provide water and sanitary sewers to the 134 lots to be created. CARRIED PL94-1 08-267-Proposed Plan of Subdivision. Part of Lot 81. Concession 1 EVS. Gordon and Elizabeth Schmidt 19T-94019 #546. Moved by Councillor Griffith Seconded by Councillor Jones THAT proposed plan of subdivision 19T-94019 Schmidt, Gordon and Elizabeth, be recommended to the Region of York for Draft Approval subject to the following conditions being met prior to final approval. 1. Approval shall relate to a draft plan of subdivision prepared by Terry Kelly, Land Use Planner. .; ·ii Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 9 Dated: April 25, 1994 Revised: August 11, 1994 incorporating red-line revision, prior to final approval: i) defining Block 4 as "future residential development" pending approval of an Official Plan Amendment to permit townhouses on the block. 2. The owner shall agree in the subdivision agreement to prepare design plans for landscaping to be undertaken on a parcel of land (external to the plan of subdivision) to the satisfaction of the Director of Public Works and the Departments of Leisure Services and Planning. This triangular parcel of tableland owned by the Town (approximately 18m x 18m x 26m) and contiguous to the south west corner of the plan, is intended to be used as a parkette feature to provide for walkway and bicycle access to the valleylands. 3. The owner shall agree in the subdivision agreement to convey lands at a rate not exceeding one hectare for each 300 dwelling units proposed within this draft plan of subdivision to the Town of Aurora for parks purposes pursuant to the provisions of the Planning Act; alternatively, the Town may accept payment of cash in lieu of the said conveyance. The subdivision agreement shall take into account any contribution for parks purposes made under the former agreement for office commercial development. 4. The road allowances included within this draft plan of subdivision shall be named to the satisfaction of the Town of Aurora and the Regional Planning Department. 5. All road allowances within this plan of subdivision shall be dedicated as public road allowances and deeded to the Town of Aurora at no cost and free of all encumbrances. 6. The owner shall enter into a subdivision agreement with the Town of Aurora agreeing to satisfy all conditions, financial and otherwise, of the Town; prior to final approval, the Town shall confirm that the subdivision agreement will be registered by the Town against the lands to which it applies as provided for in the Planning Act. 7. In accordance with an agreement dated September 22, 1 989 between G. & E. Schmidt and the Town of Aurora, the Town acknowledges that certain levies have been paid. Upon the issuance of building permits, the owner shall be proportionately credited for levies previously paid to both Aurora Hydro and the Town of Aurora, in connection with Development Charges, and paid at the rate in effect at the time of issuance of the permit in accordance with the Development Charges Act. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 10 8. The lands within this draft plan of subdivision shall be appropriately zoned in a zoning by-law that has come into effect in accordance with the provisions of the Planning Act. 9. All dead ends and flankages of blocks (as noted below) within this draft plan of subdivision shall be terminated in 0.3 metre reserves to be conveyed to the Town of Aurora at no cost and free of all encumbrances to be held by the Town of Aurora only until required for future road allowances or for the development of adjacent lands. Flankage of blocks shall include: i) south side of Block 2 abutting Street N; and ii) west side of Block 1 abutting John West Way. In addition, a 0.3 metre reserve shall be provided around the temporary cui-de-sacs referred to in condition 22. 10. Such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 11. Natural gas, telephone service and T.V. service, where required, shall be constructed underground within the road allowances or other appropriate easements. 12. The owner shall agree in the subdivision agreement to sign a satisfactory agreement with the cable television company if the cable television company decides to install cable television cable, wire and equipment within the subdivision. 13. Hydro electric service for the lands within this draft plan of subdivision shall be constructed to the satisfaction of the Aurora Hydro Electric Commission and the owner will be responsible for entering into an Electrical Plant Agreement with the Aurora Hydro Electric Commission for the supply and installation of the electrical services in the subdivision .. 14. The owner shall agree in the subdivision agreement to work with the Aurora Hydro Electric Commission and the Town of Aurora to ensure a satisfactory and continuous electrical supply to the Town Hall prior to any development or construction taking place. The owner shall be responsible for arranging a permanent electrical supply for the Town Hall in order that the existing poleline may be removed from the Schmidt lands. 15. The owner shall agree in the subdivision agreement to plant trees on Street N as required in accordance with the Town's Landscape Standards Manual. 16. Prior to undertaking any removal of topsoil on the site, the owner shall apply for and receive a topsoil removal permit from the Town of Aurora Public Works Department. Documentation submitted with this application shall include the proposed phasing of grading and the storage of topsoil. ':: •, Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 11 1 7. Prior to undertaking any grading on the site, and in connection with the topsoil removal permit referenced in condition 16, the owner shall prepare and agree to implement a report to the satisfaction of the Lake Simcoe Region Conservation Authority and the Town of Aurora which details the means by which erosion and siltation and their effects will be minimized and contained on the site both during and after the construction period. 18. The owner shall agree in the subdivision agreement to prepare and to implement a stormwater management plan which is acceptable to the Town of Aurora and the Lake Simcoe Region Conservation Authority. 19. The owner shall agree in the subdivision agreement to design and construct suitable fencing on rear lot lines of all residential lots or blocks backing on open space to the satisfaction of the Director of Public Works, Planning Department and the Department of Leisure Services of the Town of Aurora. The owner shall agree in the subdivision agreement to provide restrictive covenants on the title of all lots backing on open space restricting purchasers from adding additional fencing along the rear lot lines. 20. Prior to final approval, the owner shall enter into a front ending agreement, in accordance with the provisions of the Development Charges Act, with the Town of Aurora, which will detail any required external services to be installed by the owner and the means by which credits will be given to the owner. 21 . Prior to final approval, the owner shall prepare engineering drawings to the satisfaction of the Director of Public Works for the layout and construction of services. Such plans shall be designed and scaled as described in the Town of Aurora design criteria manual. 22. The owner shall agree in the subdivision agreement to provide temporary cui de sacs at the north end of the existing John West Way and at the east end of Street N as required by the Director of Public Works of the Town. It is understood that the temporary cul-de-sac at the end of Street N will overlap the Ontario Hydro right-of-way and the owner shall agree in the subdivision agreement to negotiate arrangements with Ontario Hydro to permit this to occur. 23. The owner shall agree in the subdivision agreement that Block 5 fronting on Street N is intended to provide access to the future office commercial block to the south pending a permanent access to this block being available to the east across the Ontario Hydro right-of-way from Street M (on the adjoining plan of subdivision) via Wellington Street East and /or directly from Wellington Street East to the south. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 12 24. The owner shall agree in the subdivision agreement part of the Engineering services design for the subdivision, to prepare, in consultation with the Director of Public Works, Leisure Services and Planning Departments, a bicycle path system on John West Way. 25. The owner shall agree in the subdivision agreement to work with Town staff on innovative designs for housing to be constructed within the neighbourhood and shall prepare and submit streetscape plans which will be reviewed by the Town prior to the issuance of every building permit. The owner shall agree in the subdivision agreement to be financially responsible to retain a controlling architect whose responsibility it will be to review all building plans to ensure that the principles expressed in Official Plan Amendment Number Six and other good design principles are complied with throughout the plan of subdivision. The architect shall be retained by the owner and responsible to the Town of Aurora. 26. In connection with condition 25 above, the owner shall agree in the subdivision agreement that, prior to final house design and siting, any builder and his architect will review the design of grading with Town staff and the developer's engineering consultant with a view to providing house types which are conducive to site conditions. 27. The owner shall agree in the subdivision agreement that if the lands are registered or developed in phases, such phases will be satisfactory to the Town of Aurora. 28. If phased, the owner shall agree in the subdivision agreement to comply with a phasing plan and make all builders aware of such a plan. 29. The owner shall agree in the subdivision agreement to engage the services and implement the findings of a consultant to complete a noise evaluation study addressing noise impact and recommending noise control features pertaining to the Community Commercial Centre and Wellington Street East, satisfactory to the Town of Aurora. 30. Prior to the issuance of building permits, an agreement shall be in place for Blocks 2 and 4 regarding mutual access, Janeway maintenance responsibilities and access for emergency purposes, satisfactory to the Town of Aurora. In addition, the owner shall include a clause in all offers of purchase and sale, in wording acceptable to the Town of Aurora, for Blocks 2 and 4, advising of the agreement regarding access and maintenance. '>'o•-~~··-~-~---•--'•••••••••·~-·--•••••-----' -••'"•->-·•-•··~---··-••••---• --------------~---~·-------··--•-••••-'---------' "--,,.... _, ____ , _ __:,_; __ -, _____ ,,, Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 13 31 . The owner shall agree in the subdivision agreement to ensure that all parcels intended to be used for private laneway purposes and having a width of 6 metres shall have mutual access agreements registered on individual lot titles setting out the pedestrian, vehicular, and emergency services access rights associated with each parcel. 32. The owner shall acknowledge in the subdivision agreement that approval of the subject draft plan of subdivision in no way obligates the Town of Aurora to approve a development concept for Blocks 1, 2, 3 or 4. These blocks will be the subject of site plan control review in the future. 33. Prior to final approval, the owner shall make arrangements satisfactory to Ontario Hydro for the dedication of the proposed road allowance (for the easterly extension of Street N across the Ontario Hydro right-of-way) to the Town and to submit a separate proposal for this road crossing, including plans showing final grades of the road surface in relation to Ontario Hydro's towers, to Ontario Hydro's Central Regional Office. Further, the owner shall agree in the subdivision agreement to construct these public road crossings and to acquire any required drainage, servicing and/or utility easements within the Ontario Hydro right-of-way on behalf of the Town of Aurora. 34. The owner shall agree in the subdivision agreement to pay the costs of any relocations or revisions to Ontario Hydro facilities which are necessary to accommodate this subdivision. 35. The owner shall agree in the subdivision agreement to assist the Town in negotiating a lease arrangement with Ontario Hydro, on behalf of the Town of Aurora, for remaining lands within the right-of-way (from Street L to Wellington Street East) for open space purposes including an off-street bicycle trail. In addition, the owner shall prepare plans for such open space uses acceptable to the Town of Aurora and Ontario Hydro. 36. The owner shall agree in the subdivision agreement to submit and implement a plan, acceptable to the Fire Chief, which delineates fire breaks within the plan, during construction. 37. Prior to final approval, the owner shall provide the Town of Aurora Director of Public Works with a thorough capacity study of the Town's water system in this area in order to determine that the proposed development can be serviced adequately. 38. The owner shall agree in the subdivision agreement that no building permits shall be issued for any lot or block until the watermain network is completed to the satisfaction of the Director of Public Works. < ,.--_ '. -------~----=-;,.,"'"""·"'*"-w;'~'%""'\i.'-'-'''"';,."'""'"~-=·~'-'-~"~~-~:-'-~·~-;; __ o~ .. :.~; •-··-~--- Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 14 39. The owner shall agree in the subdivision agreement to include a clause in wording satisfactory to the Town of Aurora on all offers of purchase and sale, advising purchasers of residential units adjacent to the Civic Square of the proposed uses and attractions that might occur in the Civic Square including evening events requiring special lighting and generating noise associated with the gathering of people in a public space. 40. The owner shall agree in the subdivision agreement that prior to the issuance of building permits to permit the construction of housing units on the south side of Street L (on the south side of the Civic Square). the Director of Public Works shall have advised that Street L has been constructed and is functioning to the satisfaction of the Town including provision for turning around at the easterly end of Street L. CARRIED PL94-1 09-268 -Proposed Plan of Subdivision. Part Lots 81. 82. 83 and 84. Concession 1 EYS. Bayview Wellington Developments Inc.: 19T-881 00 and Delegations of Mr Roger Beaman. Mr. J. White. Aurora Chamber of Commerce #547. #548. Moved by Councillor Pedersen Seconded by Councillor Healy THAT Council support the alteration of the list of permitted uses for the campus commercial lands to include supermarkets as requested by the proponents; and THAT the provisions of Bill Number 3562-94.D be so amended. CARRIED Moved by Councillor Healy Seconded by Councillor Jones THAT proposed plan of subdivision 19T -881 00 Bayview Wellington Developments Inc. be recommended to the Region of York for Draft Approval subject to the following conditions being met prior to final approval. 1 . Approval shall relate to a draft plan of subdivision prepared by M.B.T.W. Job No.: BWD-001 Dated: March 30, 1994 Revised: August 9, 1994 incorporating the following revisions prior to final approval: i) defining the two stormwater management facilities as separate blocks removed from Blocks 231 and 235; ii) reconfiguring the block to the rear of lots 134-140 to be part of the adjacent stormwater management facility; iii) renaming Street "B" to Street "A", eliminating Street "B"; Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 15 iv) defining the Aurora Hydro substation block fronting on Bayview Avenue; and v) renumbering the 0.3 metre reserves (blocks) on Bayview Avenue. 2. The owner shall agree in the subdivision agreement to convey Blocks 231 to 233 (inclusive) and Block 235 to the Town of Aurora at no cost and free of all encumbrances for the purposes of open space. 3. The owner shall agree in the subdivision agreement to convey Blocks 243 to 251 (inclusive) to the Town of Aurora at no cost and free of all encumbrances as walkways. Further, the owner shall agree to design and construct all walkways to the satisfaction of the Director of Public Works and the Department of Leisure Services. 4. Prior to final approval the owner shall amend the location of walkway Blocks 251, 250 and 249 to directly line up with the sidewalks on Streets H, B (to be renamed A) and K respectively. 5. The owner shall agree in the subdivision agreement to convey lands at a rate not exceeding one hectare for each 300 dwelling units proposed within this draft plan of subdivision, to the Town of Aurora for parks purposes pursuant to the provisions of the Planning Act; lands to be conveyed include Blocks 217 to 230 (inclusive), Block 234 and Blocks 236 to 241 (inclusive) to the Town of Aurora at no cost and free of all encumbrances for parkland purposes. 6. The owner shall agree in the subdivision agreement to convey lands not exceeding two percent of the commercial lands included within this draft plan of subdivision, to the Town of Aurora for parks purposes pursuant to the provisions of the Planning Act; alternatively, the town may accept payment of cash in lieu of the said conveyance. 7. The owner shall agree in the subdivision agreement to convey blocks for storm water management to the Town of Aurora at no cost and free of all encumbrances. 8. The road allowances included within this draft plan of subdivision shall be named to the satisfaction of the Town of Aurora and the Regional Planning Department. 9. All road allowances within this plan of subdivision shall be dedicated as public road allowances and deeded to the Town of Aurora at no cost and free of all encumbrances. 10. The owner shall enter into a subdivision agreement with the Town of Aurora agreeing to satisfy all conditions, financial and otherwise of the Town including the specific acknowledgement of a cost recovery for the John West Way bridge as anticipated by a letter of agreement dated March 31, 1994 between Ernst & Young and the owners which is Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 16 lodged with the Town of Aurora; prior to final approval, the Town shall confirm that the subdivision agreement will be registered by the Town against the lands to which it applies as provided for in the Planning Act. 11 . The lands within this draft plan of subdivision shall be appropriately zoned in a zoning by-law that has come into effect in accordance with the provisions of the Planning Act. 12. All dead ends and other flankages of blocks as noted below within this draft plan of subdivision shall be terminated in 0.3 metre reserves to be conveyed to the Town of Aurora at no cost and free of all encumbrances to be held by the Town of Aurora only until required for future road allowances or for the development of adjacent lands. Flankange of blocks shall include: i) flankage of Block 195 on Street C; ii) flankage of Blocks 210, 203 and 208 on Street C; iii) flankage of Block 203 on Street H; iv) flankage of Blocks 199 and 212 on Street D; v) flankage of Blocks 202, 204, 206 and 207 on John West Way; vi) flankage of Block 209 on Street C; vii) flankage of Block 214 on Street M from Street C to approximately 18 metres north of Block 211 ; and viii) on either side of Street A from Bayview Avenue westerly for a distance of approximately 80 metres. 13. Such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 14. Natural gas, telephone service and T.V. service, where required shall be constructed underground within the road allowances or other appropriate easements. 15. The owner shall agree in the subdivision agreement to sign a satisfactory agreement with the cable television company if the cable television company decides to install cable television cable, wire and equipment within the subdivision. 16. Hydro electric service for the lands within this draft plan of subdivision shall be constructed to the satisfaction of the Aurora Hydro Electric Commission and the owner will be responsible for entering into an Electrical Plant Agreement with Aurora Hydro Electric Commission for the supply and installation of the electrical services in the subdivision. 1 7. The owner shall agree in the subdivision agreement to convey a 35m x 40m substation site in the extreme northeast corner of Block 212 designated for neighbourhood commercial land use. The substation site shall be visually screened in an appropriate way, subject to the approval of the Planning Department and the Department of Leisure Services. The means by which credits may be provided for this work shall be specified in the agreement in accordance with the Development Charges Act. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 17 18. The owner shall agree in the subdivision agreement to prepare a tree preservation plan, not to remove trees on lots or blocks without the written approval of the Town of Aurora, and only in accordance with the tree preservation plan. 19. The owner shall agree in the subdivision agreement to appropriately fence the woodlot to be preserved (part of Block 235) to the satisfaction of the Director of Public Works and the Department of Leisure Services. Further, the owner shall agree in the subdivision agreement to implement a woodlot protection and management program including the planting of trees and shrubs around the edges and the mechanical removal of seedlings from the existing Scots pine plantation. 20. The owner shall agree in the subdivision agreement to prepare plans satisfactory to the Leisure Services Department and to plant trees on the road allowances as required in accordance with the Town's Landscape Standards Manual. 21 . Prior to undertaking any removal of topsoil on the site, the owner shall apply for and receive a topsoil removal permit from the Town of Aurora Public Works Department. Documentation submitted with this application shall include the proposed phasing of grading and the storage of topsoil. 22. Prior to undertaking any grading on the site, and in connection with the topsoil removal permit referenced in condition 21 , the owner shall prepare and agree to implement a report to the satisfaction of the Lake Simcoe Region Conservation Authority and the Town of Aurora which details the means by which erosion and siltation and their effects will be minimized and contained on the site both during and after the construction period. 23. The owner shall agree in the subdivision agreement to prepare and to implement a stormwater management plan which is acceptable to the Town of Aurora, the Lake Simcoe Region Conservation Authority, and the Ministry of Natural Resources. 24. The owner shall agree in the subdivision agreement that prior to commencement of any above/below ground construction, full construction of all required stormwater control facilities, siltation controls, etc. will be undertaken. All stormwater management facilities shall be buffered and landscaped to the satisfaction of the Director of Public Works and the Department of Leisure Services. 25. Prior to final approval the owner shall prepare and agree to implement a valley lands vegetation report to the satisfaction of the Lake Simcoe Region Conservation Authority and the Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 18 26. 27. 28. Town of Aurora. The owner shall also agree in the subdivision agreement to outline a valley management strategy focussing on protection and enhancement opportunities for the review and approval of the Director of Public Works, Department of Leisure Services and the Planning Department. The owner shall agree in the subdivision agreement to design and construct suitable fencing on rear lot lines of all residential lots or blocks backing on open space to the satisfaction of the Director of Public Works, the Planning Department and the Department of Leisure Services of the Town of Aurora. The owner shall agree in the subdivision agreement to design and construct the fencing of park areas to the satisfaction of the Director of Public Works, the Planning Department and the Department of Leisure Services of the Town of Aurora. Prior to final approval, the owner shall enter into a front ending agreement, in accordance with the provisions of the Development Charges Act, with the Town of Aurora, which will detail any required external services to be installed by the owner and the means by which credits will be given to the owner. 29. Prior to final approval, the owner shall prepare and receive approval for the design of the following: i) 450 mm watermain from Earl Stewart Drive to Wellington Street, as generally indicated on a plan by C.P.W. dated July, 1994; ii) the construction of Street "A" (from Bayview Avenue to John West Way) and John West Way south to the existing terminus of John West Way; and iii) the construction of Streets "L" ,"C" between John West Way and Street "M" and "M"between "C" and "L II. 30. The owner shall agree in the subdivision agreement to construct the works listed in condition 29 above prior to the issuance of building permits. 31 . Prior to final approval, the owner shall prepare engineering drawings to the satisfaction of the Director of Public Works for the layout and construction of services. Such plans shall be designed and scaled as described in the Town of Aurora design criteria manual. ':-·. :, Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 19 32. Prior to final approval, the Town shall be satisfied with respect to all changes in layout and resultant servicing within the Beavertop lands. This will include any closing of road allowances and the conveyance, construction and dedication of any new road allowances at no cost to the Town of Aurora. 33. The owner shall agree in the subdivision agreement part of the Engineering services design for the subdivision to prepare, in consultation with the Director of Public Works, Leisure Services and Planning Departments, a bicycle path network on Streets A, C and John West Way. 34. The owner shall agree in the subdivision agreement to include a clause on all offers of purchase and sale in wording acceptable to the Town of Aurora for lots or blocks abutting the stormwater detention ponds, the prime purpose of which is water quality and quantity control, advising of the function of the area and that natural vegetation will be maintained on the site to contribute to that function. 35. The owner shall agree in the subdivision agreement to work with Town staff on innovative designs for housing to be constructed within the neighbourhood and shall prepare and submit streetscape plans which will be reviewed by the Town prior to the issuance of every building permit. The owner shall agree in the subdivision agreement to be financially responsible to retain a controlling architect whose responsibility it will be to review all building plans to ensure that the principles expressed in Official Plan Amendment Number Six and other good design principles are complied with throughout the plan of subdivision. The architect shall be retained by the owner and be responsible to the Town of Aurora. 36. In connection with condition 35 above, the owner shall agree in the subdivision agreement that prior to final house design and siting, any builder and his architect will review the design of grading with Town staff and the developer's engineering consultant with a view to providing house types which are conducive to site conditions. 37. The registration of the proposed plans of subdivision will occur in phases which must comply with those which are set out on Schedule "B" to By-law 3562-94.D and in accordance with the phasing provisions of Official Plan Amendment# 6, Sections 3.3.2 g) and 4.3. Until construction of 200,000 square feet of gross floor area of commercial has been substantially completed in the opinion of the Chief Building Official for the Town of Aurora, registration of Phase II will not be recommended. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 --~-~.::·.:·-_· ___ . -------- Page 20 38. Prior to the issuance of building permits for sales trailers for the purposes of marketing residential units on the site the owner shall submit and obtain the written approval of the Planning Department with respect to the display plans including the location of parks, schools, surrounding uses and other such matters as may be required by the Planning Department. Such plans shall include a copy of Schedule "B" to By-law 3562-94.D the phasing plan which is in a form clearly legible and discernable by purchasers and an indication respecting the timing of the registration of Phase II. 39. The owner shall agree in the subdivision agreement to submit plans acceptable to the Town of Aurora detailing phasing of construction and means by which construction access to the site will be gained during the construction period. 40. The owner shall agree in the subdivision agreement to comply with a phasing plan and make all builders aware of such a plan. 41 . Prior to the issuance of building permits and in conjunction with exemption from Part Lot Control, an agreement shall be in place for Blocks 185, 186 and 187 regarding mutual access, laneway maintenance responsibilities and access for emergency purposes, satisfactory to the Town of Aurora. In addition, the owner shall include a clause in all offers of purchase and sale, in wording acceptable to the Town of Aurora, for Blocks 185, 186 and 187, advising of the agreement regarding access and maintenance. 42. The owner shall agree in the subdivision agreement to ensure that all parcels intended to be used for private laneway purposes and having a width of 6 metres shall have mutual access agreements registered on individual lot titles setting out the pedestrian, vehicular, and emergency services access rights associated with each parcel. 43. The owner shall agree in the subdivision agreement to prepare a conceptual layout of the school sites which details bus laybys, automobile drop-off places, internal traffic circulation, and recreational facilities to be jointly used by the Town and the School Boards. Such drawings shall form the basis for criteria to be developed by the Town of Aurora, the York Region Board of Education and the York Region Roman Catholic Separate School Board which will be included in the subdivision agreement and provide guidance to the parties in preparing site plans for the development of the joint facilities. 44. The owner shall agree in the subdivision agreement to relocate Block 241 immediately to the east and contiguous with Block 240 (open space) in the event that either one or both of Blocks 21 5 and 216 are not required as school sites. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 21 45. 46. 47. 48. Further, if only one school site is required, it shall be located immediately to the east and contiguous with Blocks 240 and 241 (the consolidated open space). Prior to final approval, the final location and use of Blocks 215, 216, 240 and 241 shall be determined to the satisfaction of the Town of Aurora, the York Region board of Education and York Region Roman Catholic Separate School Board. The owner shall agree in the subdivision agreement to include a clause in wording satisfactory to the Town of all offers of purchase and sale, advising purchasers of lots (housing units) adjacent to Street C (east-west) and south to Street F, between Street C (north-south) and Street E, that Street C contiguous to the school sites will be designed to function with "one way" traffic only. The owner shall agree in the subdivision agreement to engage the services and implement the findings of a consultant to complete a noise evaluation study addressing noise impact and recommending noise control features pertaining to the Community Commercial Centre and Bayview Avenue, satisfactory to the Town of Aurora. Prior to final approval, the owner shall make arrangements satisfactory to Ontario Hydro for the dedication of proposed road allowances (for the extension of streets C, A, and L across the Ontario Hydro right-of-way) to the Town and to submit a separate proposal for these road crossings, including plans showing final grades of the road surface in relation to Ontario Hydro's towers, to Ontario Hydro's Central Region Office. Further, the owner shall agree in the subdivision agreement to construct these public road crossings and to acquire any required drainage, servicing and/or utility easements within the Ontario Hydro right-of- way on behalf of the Town of Aurora. The owner shall agree in the subdivision agreement to pay the costs of any relocations or revisions to Ontario Hydro facilities which are necessary to accommodate this subdivision. 49. The owner shall agree in the subdivision agreement to assist the Town in negotiating a lease arrangement with Ontario Hydro, on behalf of the Town of Aurora, for remaining lands within the right-of-way (from McAvoy Road to Street L) for open space purposes including the Civic Square area of the right-of-way and an off-street bicycle trail. In addition, the owner shall prepare plans for such open space uses acceptable to the Town of Aurora and Ontario Hydro. The plans will include provision for a walkway connecting Block 251 with Street H (east of the Ontario Hydro Right-of-Way). Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 22 50. The owner shall agree in the subdivision agreement to submit and implement a plan, acceptable to the Fire Chief, which delineates fire breaks within the plan, during construction. 51. Prior to final approval the owner shall provide the Town of Aurora Director of Public Works with a thorough capacity study of the Town's water system in this area in order to determine that the proposed development can be serviced adequately. 52. Prior to the issuance of any building permits, a link of the 450 mm watermain from Well #6 to Wellington Street in a location satisfactory to the Dire.ctor of Public Works shall be constructed and fully operational. 53. All required internal and external watermains shall be completed prior to the issuance of building permits. 54. The owner shall acknowledge in the subdivision agreement that approval of the subject draft plan of subdivision in no way obligates the Town of Aurora to approve a development concept for Lots 168 to 180 (inclusive) and Blocks 181 to 214 (inclusive). These blocks will be the subject of site plan control review in the future. 55. The owner shall agree in the subdivision agreement to apply for exemption from Part Lot Control in accordance with the provisions of the Planning Act, to provide for the encroachment of eaves and footings into the adjacent lot where zero lot line conditions prevail when single detached units are sited on interlots. 56. The owner shall agree in the subdivision agreement to include a clause on all offers of purchase and sale in wording acceptable to the Town of Aurora for lots subject to exemption from Part Lot Control to provide for the encroachment of eaves and footings into adjacent lots, advising of the nature of the encroachment and under the circumstances in which encroaching would be necessary. 57. The owner shall agree in the subdivision agreement to include a clause in wording satisfactory to the Town on all offers of purchase and sale, advising purchasers of residential units adjacent to the Holland River valley lands of the major Town recreation facilities (including baseball diamonds) located to the west in the valley and the potential night lighting and noise generation associated with these recreational activities. 58. The owner shall agree in the subdivision agreement to include a clause in wording satisfactory to the Town on all offers of purchase and sale, advising purchasers of residential units adjacent to any public park lands (neighbourhood and community parks) of the potential for exposure to night lighting and noise generated from the range of recreational activities that may take place in these parks. CARRIED :··:. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 23 PL94-110-269-Proposed Plan of Subdivision. Part of Lots 74 and 75. Concession 1 E.Y.S.: D12-90054 Bayview Parks 1999556 Ontario Limited! Councillor Jones declared a possible Conflict of Interest in Report PL94-11 0- 269 by virtue of his membership in Timberlane Tennis and Country Club which is an applicant involved in a similar request for municipal services. #549. Moved by Councillor Pedersen Seconded by Councillor Weller THAT proposed plan of subdivision 19T-90054, 999556 Ontario Limited be recommended to the Region of York for Draft Approval subject to the following conditions being met prior to final approval: 1 . Approval shall relate to a draft plan of subdivision prepared by Marshall Macklin Monaghan Limited dated December 21, 1993 and revised June 20, 1994 with the following changes being made prior to final approval; i) the delineation of the storm water management ponds as separate blocks. ii) the road allowance for Street "A" being amended from 21 to 23 metres in width. iii) the road allowance for Street "B" being amended from 20 to 18 metres in width. iv) the deletion of Blocks 11, 1 2 and 13 with the coincident extension of lots 63 through 65 inclusive, and 42 through 50 inclusive to the adjacent road allowance. v) revision of Streets "A" and "B" to include widenings at the bends in those roads which is satisfactory to the Director of Public Works. vi) the provision of a road widening along the frontage of Vandorf Sideroad such that the total width of the road allowance shall be no less than 30 metres. 2. The road allowances included within this draft plan of subdivision shall be dedicated as public highways. 3. The owner shall convey Blocks 4 and 5 to the Town of Aurora at no cost and free of all encumbrances for the purposes of open space. 4. The owner shall convey Blocks 2 and 3 to the Town of Aurora at no cost and free of all encumbrances for parkland purposes. 5. The road allowances included within this draft plan of subdivision shall be named to the satisfaction of the Town of Aurora and the Regional Planning Department. ·--~ Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 24 6. All road allowances and 0.3 metre reserves within this plan of subdivision shall be dedicated as public road allowances and deeded to the Town of Aurora at no cost and free of all encumbrances. 7. The owner shall enter into a subdivision agreement with the Town of Aurora agreeing to satisfy all conditions, financial and otherwise of the Town; prior to final approval, the Town shall confirm that the subdivision agreement will be registered by the Town against the lands to which it applies as provided for in the Planning Act. 8. The lands within this draft plan of subdivision shall be appropriately zoned in a zoning by-law that has come into effect in accordance with the provisions of the Planning Act. 9. All dead ends and open sides of road allowances created by this draft plan of subdivision shall be terminated in 0.3 metre reserves to be conveyed to the Town of Aurora at no cost and free of all encumbrances to be held by the Town of Aurora only until required for future road allowances or for the development of adjacent lands. 1 0. Such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 11. Natural gas, telephone service and T.V. service, where required, shall be constructed underground within the road allowances or other appropriate easements. 12. Hydro electric service for the lands within this draft plan of subdivision shall be constructed to the satisfaction of the Aurora Hydro Electric Commission. 13. The owner shall agree in the subdivision agreement to prepare a tree preservation plan satisfactory to the Department of Leisure Services and not to remove trees on lots or blocks except in accordance with the tree preservation plan and only the written approval of the Town of Aurora. 14. The owner shall agree in the subdivision agreement to plant trees on the road allowances as required in accordance with the Town's Landscape Standards Manual. 15. The owners shall, prior to final approval, submit a detailed proposal to implement a woodland regeneration plan on Blocks 4 and 5. The proposal shall be in general conformity with the principles recommended in supporting Report 6 - The Proposed Residential Community - A Planning Concept based on an Environmental Enhancement Strategy, prepared by Marshall Macklin Monaghan, July 1993. The owner shall agree in the subdivision agreement that all work detailed in the proposal shall be carried out to the satisfaction of the Town of Aurora and the Ministry of Natural Resources. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 25 16. Prior to undertaking any removal of topsoil or disturbance of land on the site, the owner shall apply for and receive a topsoil removal permit from the Town of Aurora Public Works Department. Documentation submitted with this application shall include the proposed phasing of grading. 1 7. Prior to undertaking any grading on the site, the owner shall submit a detailed proposal describing the means by which erosion and siltation and their effects will be minimized and contained on the site both during and after the construction period. The proposal shall be in general conformity with the principles recommended in supporting Report 3 -Surface Water Management Study, prepared by Marshall Macklin Monaghan, July 1993. The proposal and all work shall be carried out to the satisfaction of the Town of Aurora and the Lake Simcoe Region Conservation Authority. 18. The owner shall submit a detailed proposal to implement a stormwater management plan on Block 1 and Lots 1-41 . The proposal shall be in general conformity with the principles recommended in supporting Report 3 -Surface Water Management Study, prepared by Marshall Macklin Monaghan, July 1993 and shall include provisions for soil percolation tests to be completed before implementation of the stormwater management plan. The owner shall agree in the subdivision agreement that all work detailed in the proposal shall be carried out to the satisfaction of the Town of Aurora and the Lake Simcoe Region Conservation Authority. 19. The owner shall agree in the subdivision agreement to submit a detailed proposal to implement a passive neighbourhood park/habitat interpretive area on Block 2. The proposal shall be in general conformity with the principles recommended in supporting Report 6 -The Proposed Residential Community - A Planning Concept based on an Environmental Enhancement Strategy, prepared by Marshall Macklin Monaghan Limited, July 1993. The proposal and all work shall be carried out to the satisfaction of the Town of Aurora. The means by which credits may be provided for this work shall be specified in the agreement in accordance with the Development Charges Act. 20. The owners shall agree in the subdivision agreement to submit a detailed proposal to implement a trail system through Blocks 2, 4 and 5 and to complete other enhancement/improvement works within these Blocks. The proposal shall be in general conformity with the principles recommended in supporting Report 4 -Fisheries Resources, Woodland and Natural Area Management Studies and supporting Report 6 -The Proposed Residential Community - A Planning Concept based on an Environmental Enhancement Strategy, prepared by Marshall Macklin Monaghan Limited, July 1993. The proposal and all work shall be carried out to the satisfaction of the Town of Aurora and the Ministry of Natural Resources. The means by which credits may be provided for this work shall be specified in the agreement in accordance with the Development Charges Act. ,--.··· ' Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 _____ ,._._· .. :._ -----~-----------~-~-· Page 26 21. The owner shall agree in the subdivision agreement to enter into a site plan agreement acceptable to the Town of Aurora for all of Block 1 prior to the development of Block 1 . 22. Prior to final approval, the owner shall enter into a front ending agreement with the Town of Aurora which will detail the external services to be installed and the means by which credits will be given to the owner. Said services being: i) Sanitary trunk sewer extending southerly along Bayview Avenue to Vandorf Sideroad and westerly to the proposed pumping station. ii) A sanitary forcemain and Sanitary Pumping Station as required to service the subject lands. iii) A 400 mm diameter watermain along Bayview Avenue extending southerly from the existing terminus to Vandorf Sideroad and a 300 mm watermain along Vandorf Sideroad from Bayview Avenue to a point westerly therefrom as may be determined by an engineering analysis. 23. The owner shall agree in the subdivision agreement to construct a watermain along Bayview Avenue from Vandorf Sideroad to the south limit of Street "A" as required to provide adequate flows and security (looping) for the subject development. 24. The owner shall agree in the subdivision agreement to make satisfactory arrangements for the provision of sidewalks on the Bayview Avenue road allowance from the north end of Street "A" to Vandorf Sideroad. The means by which credits will be given to the owner for this work shall be specified in the subdivision agreement. 25. Prior to final approval, the owner shall prepare drawings to the satisfaction of the Aurora Public Works Department for the layout and construction of services. Such plans shall be designed and scaled as described in the Town of Aurora design criteria manual. 26. The owner shall include a clause on all offers of purchase and sale in wording acceptable to the Town of Aurora for lots or blocks abutting a stormwater detention pond, the prime purpose of which is water quality control, advising of the function of the area and that natural vegetation will be maintained on the site to contribute to that function. 27. Prior to undertaking any grading or removal of topsoil on the site, the owner shall undertake an archaeological inventory investigation which meets the standards of the Ministry of Culture and Communications. 28. The owner shall agree in the subdivision agreement that if the lands are registered or developed in phases, such phases will be satisfactory to the Town of Aurora. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 27 29. The owner shall agree in the subdivision agreement to submit plans acceptable to the Town of Aurora detailing phasing of construction and the means by which construction access will be gained during the construction period. 30. The owner shall agree in the subdivision agreement to include a clause on all offers of purchase and sale, in wording acceptable to the Town of Aurora advising purchasers that Street "A" is intended to be serviced with open ditches to enhance the infiltration characteristics of the site. 31. The owner shall agree in the subdivision agreement that, in the event that house closing take place prior to reconstruction of Bayview Avenue, to include a clause in wording acceptable to the Town of Aurora advising purchasers that the reconstruction of Bayview Avenue is anticipated to occur during 1995. 32. The owner shall agree in the subdivision agreement to grant the appropriate easements over Block 1 to allow for right of way and servicing of the lands to the west. 33. The owner shall agree in the subdivision agreement to provide for emergency access to the cluster townhouses which are to be built on Block 1 in a manner acceptable to the Director of Public Works and the Fire Department. 34. The owner shall agree in the subdivision agreement to include a clause on all offers of purchase and sale in wording acceptable to the Town of Aurora advising purchasers that Vandorf Sideroad is not scheduled for reconstruction at the present time and that in the intervening time, the street will remain in its current condition west of the intersection with Street "A" . 35. The owner shall agree in the subdivision agreement to undertake and abide by the recommendations contained in a noise attenuation study. 36. The owner shall agree in the subdivision agreement to prepare and carry out a screening and landscaping plans for the rear of lots 63 through 65 inclusive, 42 through 50 inclusive (Blocks 11 , 1 2 and 1 3 to be red line revised) and the lands within lots 22 through 41 inclusive adjacent to Bayview Avenue. Such plans shall be coordinated with the noise attenuation study required in condition 35 above. 37. The owner shall agree in the subdivision agreement to submit and implement a plan acceptable to the Fire Chief, which delineates fire breaks within the plan. 38. The owner shall agree in the subdivision agreement that prior to the issuance of building permits within the plan, the Director of Public Works shall have advised that the watermains and sanitary lift station external to the site are completed and functioning. ',, Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 28 39. The owner shall agree in the subdivision agreement that the southerly 30 metres of Block 1 will be retained as a common element by the condominium corporation which will be formed in conjunction with the development of the block. The owner shall agree in the subdivision agreement to impose restrictive covenants which ensure that this concept is retained in any future agreements. 40. The owner shall agree in the subdivision agreement to provide chain link fencing acceptable to the Department of Leisure Services along the southerly boundary of Block 1, and for a distance of approximately 1 07 metres along the southerly boundary of Block 4 such that the aggregate distance of fence is 350 metres. AMENDMENT: Upon the question of the adoption of the resolution, it was: #550. Moved by Councillor Timpson Seconded by Councillor Pedersen THAT an additional condition of draft approval be included as number 41, as follows: 41. THAT the owner shall agree in the subdivision agreement to: i) include a clause in wording acceptable to the Town, in all offers of purchase and sale advising all purchasers that vehicular access could be provided through the Bayview Parks lands from Bayview Avenue to lands immediately abutting to the west to accommodate possible future development. ii) to erect signage at the potential access location in wording acceptable to the Town, advising of the potential road extension; and THAT condition 32 be amended by adding the following as condition 32a: The owner shall agree in the subdivision agreement to design all municipal infrastructure to accommodate future development on the lands abutting to the west. CARRIED The Resolution CARRIED AS AMENDED. Councillor Jones, having previously declared a possible Conflict of Interest in Report PL94-110-269, did not take part in the vote called for in this regard. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 29 PL94-112-270-Proposed Zoning By-law Amendment West Hill Redevelopment Company Limited. Blocks E and E. Plan M-5 7 (Batson Drivel: D 14-06-93 and Delegation of Mr. Lloyd Cherniak. West Hill Redevelopment Company Limited re: Zoning By-law. Blocks E and F. Plan M-57. and delegation of Mr. Jim McAlpine. McAlpine Ford Lincoln Mercury Sales Ltd. #551. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT first and second reading be given to Bill 3580-94.D to permit the development of Block E Plan M-57 for a detached unit and of Block E for six semi-detached units subject to an agreement between the owner and the Town addressing all servicing issues, confirmation of the non-industrial use of the lands to the immediate north, clearance of the related conditions of the subdivision agreement by the Ministry of the Environment, and the removal of the Holding (H) prefix. THAT Council determine that a further public planning meeting is not required in respect of the revisions to the proposal associated with the change from the seven townhouse units originally proposed to six semi-detached units. CARRIED PL94-113-271 -Performance Agreement Bayview-Wellington Secondary Plan #552. Moved by Councillor McKenzie Seconded by Councillor Weller THAT Council authorize the Mayor and Clerk to execute an agreement dealing with the phasing of residential development relative to commercial development in the Bayview Wellington lands. THAT Council endorse the actions proposed in reports PL-94-1 09 and PL-94-115 regarding conditions of draft approval respecting phasing of registration for the BayvieW Wellington lands and By-law 3562-94.D respecting the use of the Holding prefix to ensure the Commercial development proposed on the subject lands occurs in concert with the residential development. CARRIED PL94-114-272 -Committee of Adjustment Application Edelstein Construction Ltd .. Part Lots 82 and 83. Plan 246. 14846 Yonge Street: D13-28-94. D13-29-94 #553. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT consideration of the Report to deferred to the next Council meeting. CARRIED Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 30 PL94-115-273 -Proposed Zoning By-law Amendments Part of Lots 81. 82. 83 and 84. Concession I EYS Bayview Wellington Developments Inc. IP 14-1 5-93! Part of Lot 81. Concession I EYS. Gordon and Elizabeth Schmidt IP 14-06-94! #554. Moved by Councillor Jones Seconded by Councillor Griffith THAT Council receive the report on changes made since second reading to Bills 3562-94.D (Bayview Wellington) and 3563-94.D (Schmidt). THAT third reading be given to Bills 3562-94.D and 3563.D incorporating the changes outlined in the staff report. THAT Council direct that no further public meetings are required in connection with the enactment of these Bills which in concept have not been altered from the proposals heard at the June 23 Public Meeting. CARRIED CONSENT ITEMS REQUIRING SEPARATE DISCUSSION CL94-047-259 -Pedestrian Crossover-55 Orchard Heights Boulevard #555. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT Bill No. 3582-94.T, being a By-law to authorize a Pedestrian Crossover at 55 Orchard Heights Boulevard, be given three readings. CARRIED UNFINISHED BUSINESS PL94-116-275 -Proposed Zoning By-law Amendments. Part of Lots 81. 82. 83 and 84. Concession 1 E.Y.S .. Bayview-Wellington Developments Inc. 1014-15-93). Part of Lot 81. Concession 1 E.Y.S. Gordon and Elizabeth Schmidt IP 14-06-94! #556. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT Council receive the Report on final changes made to Bills 3562-94.D (Bayview-Wellington) and 3563-94.D (Schmidt); THAT third reading be given to Bills 3562-94.D and 3563-94.D incorporating the further changes outlined in the Staff Report; and THAT Council direct that no further public meetings are required in connection with the enactment of these Bills which in concept have not been altered from the proposals heard at the June 23rd Public meeting. CARRIED Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 31 PW94-040-274 -Waste Management Issues Within the Greater Toronto Area IG.T.A.l #557. BY-LAWS #558. #559. #560. Moved by Councillor Healy Seconded by Councillor Griffith THAT Council receive this Report as information. CARRIED Moved by Councillor Griffith Seconded by Councillor Healy THAT leave be given the Mover and Seconder to introduce the following bills for First Reading: 3580-94.D 3582-94.T Being a By-law to amend By-law No. 2213-78 (West Hill). Being a By-law to provide for a Pedestrian Crossover at 55 Orchard Heights Boulevard. AND THAT the same be taken as read a First Time. CARRIED Moved by Councillor Griffith Seconded by Councillor Healy THAT leave be given the Mover and Seconder to introduce the following bills for Second Reading: 3580-94.D 3582-94.T Being a By-law to amend By-law No. 2213-78 (West Hill). Being a By-law to provide for a Pedestrian Crossover at 55 Orchard Heights Boulevard. AND THAT the same be taken as read a Second Time. CARRIED Moved by Councillor Pedersen Seconded by Councillor Weller THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading: 3575-94.T 3578-94.H Being a By-law to temporarily close Yonge Street, within the Town of Aurora, for a Santa Claus parade. Being a By-law to appoint a Fire Chief. Aurora Council Minutes No. 31-94 Wednesday, September 28, 1994 Page 32 #561. 3562-94.D 3563-94.D 3581-94.D Being a By-law to amend By-law No. 2213-78 (Bayview-Wellington). Being a By-law to amend By-law No. 2213-78 (Schmidt). Being a By-law to adopt Official Plan Amendment No. 10 (Civic Square-Schmidt). AND THAT the same be taken as read a Third Time. CARRIED Moved by Councillor Weller Seconded by Councillor McKenzie THAT leave be given the Mover and Seconder to introduce the following by-law for Third Reading: 3582-94.T Being a By-law to provide for a Pedestrian Crossover at 55 Orchard Heights Boulevard. AND THAT the same be taken as read a Third Time. CARRIED NEW BUSINESS Memorandum from Mayor West re: Church Street School Renovations #562. Moved by Councillor Weller Seconded by Councillor McKenzie THAT estimates to undertake the design work contemplated be obtained from local Architects who deal with historical structures; and THAT the drawings and estimates to be prepared consider the desire to provide handicapped access to the facility. CARRIED 140 Aurora Squadron re: Request Permission to Conduct "Tag Pays" on September 29th. 30th and October 1st #563. Moved by Councillor Pedersen Seconded by Councillor Timpson THAT permission be granted to the 140 Aurora Squadron to conduct "tag days" on September 29th, 30th and October 1st, 1994 in the Town of Aurora. CARRIED ADJOURNMENT #564. Moved by Councillor Timpson THAT the meeting be adjourned at 9:22p.m. J. WEST, MA~ CARRIED UNICIP AL CLERK