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MINUTES - General Committee - 20110118 TOWN OF AURORA GENERAL COMMITTEE MEETING NO. 11-01 MINUTES Council Chambers Aurora Town Hall Tuesday, January 18, 2011 ATTENDANCE COMMITTEE MEMBERS Councillor Abel in the Chair; Councillors Ballard, Buck, Gaertner (arrived at 7:05 p.m.), Gallo, Humfryes, Pirri, and Mayor Dawe MEMBERS ABSENT Councillor Thompson OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Director of Building and By-law Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Director of Infrastructure and Environmental Services, Director of Corporate and Financial Services/Treasurer, and Council/Committee Secretary Councillor Abel called the meeting to order at 7:02 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA General Committee recommends: THAT Mr. Downey be the first to delegate on the Pool Allocation Policy. DEFEATED General Committee recommends: THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional item(s), be approved:  New Item 17 Memorandum from the Chief Administrative Officer Re: Posting of Offsite Education Meeting Material  Withdrawn Delegations (e) Chris Endicott, and (f) Pedro Blazan Re: Item 15 - Proposed Pool Allocation Policy General Committee Meeting Minutes Tuesday, January 18, 2011 Page 2 of 12 Additional Delegations:  (h) Mark Zoebelein, Representing Aurora Selkies & Masters Swim Club Re: Item 15 – Proposed Pool Allocation Policy  (i) Liz Holtby, Representing Aurora Selkies & Masters Swim Club Re: Item 15 – Proposed Pool Allocation Policy  (j) Mark Emery/Peter Smith, Representing P.A.R.C.E.L. Inc. Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc.  (k) N. Jane Pepino, Representing P.A.R.C.E.L. Inc. Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc.  (l) Susan Walmer, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc.  (m) John Green, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc.  (n) Warren McClure, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc.  (o) Don Given, Malone Given Parsons Ltd., Representing Aurora 2C Landowners Group Re: Item 13 - PL11-003 Regional Modifications and Approval of the 2C Secondary Plan (OPA 73)  (p) Claudio Brutto, Representing Aurora Leslie Developers Group, East of Leslie Re: Item 13 - PL11-003 Regional Modifications and Approval of the 2C Secondary Plan (OPA 73)  (q) Jim Kyle, Manager, Policy Planning Re: Item 13 – PL11-003 Regional Modifications and Approval of the 2C Secondary Plan (OPA 73)  Revised Item for Closed Session Re: Morris v. Johnson et al. – Defamation Action CARRIED III ADOPTION OF PREVIOUS MINUTES None IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 4, 6, 7, 9, 10, 12, 13, 14, and 15 were identified as items requiring separate discussion. General Committee Meeting Minutes Tuesday, January 18, 2011 Page 3 of 12 V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 3, 5, 8, 11, 16, and 17 were identified as items not requiring separate discussion. General Committee recommends: THAT the following recommendations respecting the matters listed as “Items Not Requiring Separate Discussion” be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 3. CFS11-001 – Extension of Infrastructure Projects Under the Economic Action Plan 1) THAT report CFS11-001 be received; and 2) THAT the park development project previously approved for Davis Rd Park be reallocated to a park washroom project in Ada Johnson Park along with all of the previously approved Town funding of $83,334 and two thirds matching grant funding of $166,666; and 3) THAT the scope for the Improvements to the Aurora Community Centre project, be expanded to allow additional upgrades from existing funds; and 4) THAT the following resolution required by our funding partners be approved as follows: WHEREAS the federal and provincial governments are providing a one- time extension of the deadline for funding of projects under the Infrastructure Stimulus Fund, Build Canada Fund – Communities Top-up and the Recreational Infrastructure Canada/Ontario Recreation Program from March 31, 2011 to October 31, 2011; and WHEREAS all funding from the government of Canada and Ontario will cease after October 31, 2011; and WHEREAS The Corporation of the Town of Aurora has asked the provincial government for an extension to federal and provincial funding to October 31, 2011 for the following projects: Program Project Project Title Eligible Cost Infrastructure Stimulus Fund 772 Energy Management & Building System Retrofits $740,400 16142 Ada Johnson Park Washroom Facility $250,000 Build Canada Fund – Communities Intake 2 28051 Trail Network Connections $325,000 Recreation Infrastructure Canada/Ontario 2058 Rehabilitation of Aurora Park Infrastructure $946,686.50 2059 Upgrading of Sheppards Bush Areas Parking Lot and Fitness Trail $612,563 2060 Improvements to Aurora Community Centre Arena $402,188 2063 Rehabilitation of Confederation Park $124,988 General Committee Meeting Minutes Tuesday, January 18, 2011 Page 4 of 12 THEREFORE BE IT RESOLVED THAT the Corporation of the Town of Aurora attests that it will continue to contribute its share of the required funding for the aforementioned projects; and BE IT FURTHER RESOLVED THAT actual claims for all eligible costs incurred by March 31, 2011 for the aforementioned projects must be and will be submitted no later than April 30, 2011; and BE IT FURTHER RESOLVED THAT The Corporation of the Town of Aurora will ensure that the projects will be completed by October 31, 2011; and 5) THAT the Mayor and Clerk be authorized to execute any agreement or documents required by the grant funding partners. 5. CLS11-004 – Post 2010 Election Report Re: Accessibility THAT Council receive report CLS11-004 for information. 8. IES11-003 – Extension of Tender No. PW2007-123 – The Maintenance and Emergency Responding to Sanitary Lift and Water Booster Stations within the Town of Aurora THAT Council receive report No. IES11-003; and THAT Tender No. IES2007-123 – for the Maintenance and Emergency Responding to Sanitary Lift and Water Booster Stations within the Town of Aurora as awarded to American Water Canada Corporation, be extended for one additional year at the unit prices tendered. 11. PL11-001 – Application for Zoning By-law Amendment and Site Plan Approval WED Investments Ltd., 974672 Ontario Limited and 668390 Ontario Ltd. (The Kaitlin Group Ltd.) Lots 123, 124, 125, 126 and Part of Lot 22 Registered Plan 246, 15277, 15283 and 15291 Yonge Street and 10, 12, and 14 Centre Street Zoning By-law Amendment File: D14-16-97 Site Plan File: D11-01-07 THAT staff report PL11-001 be received; and THAT an Implementing Zoning By-law be brought forward for Council’s consideration for enactment respecting File D14-16-97 (WED Investments Ltd.) to rezone the subject lands from “Central Commercial (C2) Zone” to “Central Commercial (C2-18) Exception Zone” to permit a 6/7 storey mixed use development with ground floor commercial and 74 apartment units including site specific zoning provisions; and THAT Site Plan Application, File D11-01-07 (WED Investments Ltd.) be approved to permit the construction of the 6/7 storey mixed used development, and that Council authorize the Mayor and Clerk to execute the Site Plan Agreement); and THAT water and sanitary servicing capacity for a total of 74 units be allocated to this development. General Committee Meeting Minutes Tuesday, January 18, 2011 Page 5 of 12 16. Memorandum from the Director of Building & By-law Services Re: Memorandum regarding Animal Control Services 1 Year Contract Extension THAT the Memorandum from the Director of Building & By-law Services regarding the Animal Control Services 1 Year Contract Extension be received for information. 17. Memorandum from the Chief Administrative Officer Re: Posting of Offsite Education Meeting Material THAT Council receive this memorandum for information; and THAT Council direct staff to post on the Town’s website the agenda and all materials distributed at the Special Council Offsite Education Meeting held on January 14 and 15, 2011. CARRIED VI DELEGATIONS (a) Steve Hinder, Chair, 2011 A & B Courier Run For Southlake Re: 10th Annual A & B Courier Run For Southlake Steve Hinder reviewed the Annual Run For Southlake and informed General Committee on the new categories offered this year. He challenged the Mayor, Council members and staff to participate by entering a team in their new Team category and to collect pledges to help raise funds for the Southlake Regional Health Centre Foundation. He also requested that the Town of Aurora waive the rental fee for the Community Centre as they have done in the past. General Committee recommends: THAT the comments of the delegate be received. CARRIED General Committee recommends: THAT the comments of the delegate be referred to staff to bring a report to Council regarding the waiving of fees for the use of the Community Centre. CARRIED (c) Isobel Ralston and Jan Oudenes, Residents Re: Exclusion of Golf Course from Aurora’s Tree Permit Process Jan Oudenes expressed concern with the current tree permit process which excludes the requirement of a tree permit for golf courses. He believes that the exclusion is inappropriate and that there are significant issues within the Town of Aurora boundaries. Mr. Oudenes is particularly concerned with the Beacon Hill Golf Course as they have done significant cutting and the golf course is situated within the Oak Ridges Moraine area. He requested that Council consider referring the by-law to staff for review. Mr. Oudenes also asked that Council consider adjusting the by-law to include golf courses and a long-term plan. General Committee Meeting Minutes Tuesday, January 18, 2011 Page 6 of 12 General Committee recommends: THAT the comments of the delegate be received and referred to staff; and THAT staff be directed to report back to Council on the specific comments raised by the delegate respecting golf courses as well as any other issue staff may identify with respect to the enforcement and protection of trees. CARRIED (b) Svetoslava Topouzova, Resident Re: Request to Convert the Area at Bayview Ave. and St. John’s Sideroad into a Community Park This delegation was referred to the Council meeting of January 25, 2011 due to technical difficulties. (d) David LeClair, Representing Aurora Selkies & Masters Swim Club Re: Item 15 - Proposed Pool Allocation Policy David LeClair stated his concerns with the current pool allocation policy and offered General Committee some ideas as to how a fair and rational consultation process could be achieved. (e) Chris Endicott, Representing Aurora Selkies & Masters Swim Club Re: Item 15 - Proposed Pool Allocation Policy Delegation withdrawn. (f) Pedro Balzan, Representing Aurora Selkies & Masters Swim Club Re: Item 15 - Proposed Pool Allocation Policy Delegation withdrawn. (i) Liz Holtby, Representing Aurora Selkies & Masters Swim Club Re: Item 15 - Proposed Pool Allocation Policy Liz Holtby informed General Committee of her three sons’ involvement with the Aurora Selkies Swim Club and that she would like to see more pool hours allocated to the Club with more reasonable time frames. (h) Mark Zoebelein, Representing Aurora Selkies & Masters Swim Club Re: Item 15 - Proposed Pool Allocation Policy Mark Zoebelein also informed General Committee of his family’s involvement with the Aurora Selkies and Masters Swim Club and stated that he would like to be able to utilize the pool as a Masters Swim Club member at the same time that his daughter, as a Selkies member, is in the pool. He requested that General Committee review the existing policy for a better distribution of allocated pool hours. General Committee recommends: THAT the comments of the delegates be received and referred to Item 15. CARRIED General Committee Meeting Minutes Tuesday, January 18, 2011 Page 7 of 12 (g) Director of Parks and Recreation Services Re: Pool Allocation – General Committee Report PR11-001 Al Downey, the Director of Parks and Recreation Services, reviewed the history and development of the Pool Allocation Policy and he noted that this policy was achieved through consultation with all of the pool user groups. Mr. Downey also noted that the ratios utilized regarding residency proves that there is fair allocation respecting the information received from the various groups. He stated that he was prepared to continue meeting with the groups. General Committee recommends: THAT the comments of the delegate be received and referred to Item 15. CARRIED (j) Mark Emery/Peter Smith, Representing P.A.R.C.E.L. Inc. Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. Peter Smith, of the Weston Consulting Group, reviewed the history of this application and updated General Committee on the revisions to the proposed development. He noted that considerable adjustments have been made from the original application and that there were issues and challenges that were being addressed with the ratepayers. General Committee recommends: THAT the comments of the delegate be received and referred to Item 12. CARRIED (k) N. Jane Pepino, Representing P.A.R.C.E.L. Inc. Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. Jane Pepino requested that she be allowed to delegate after the Ratepayers. General Committee recommends: THAT the ratepayers be allowed to delegate prior to Jane Pepino regarding Item 12. DEFEATED Jane Pepino withdrew her request and stated that she is the lawyer for this application and advised that to date there had been no technical objections raised. She noted the merits and substance of the application and that the developer is prepared to address issues raised by the Ratepayers and is a strong supporter for further negotiations. General Committee recommends: THAT the comments of the delegate be received and referred to Item 12. CARRIED General Committee Meeting Minutes Tuesday, January 18, 2011 Page 8 of 12 (l) Susan Walmer, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. Susan Walmer informed General Committee of the involvement of RAYS within the Town of Aurora and the partnership they have achieved. She noted that there were two major issues with the current applications regarding density and the built form of the apartment building and noted other minor community issues as well. Ms Walmer expressed concern that the existing policies should be supported and that any applications should meet the criteria as outlined in the Official Plan. General Committee recommends: THAT the comments of the delegate be received and referred to Item 12. CARRIED General Committee recommends: THAT another delegate be allowed to substitute for Warren McLure as he was not available. DEFEATED (m) John Green, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. John Green stated that the applications do not meet the requirements and that the adjustments from the initial application were still too major a deviance from these requirements. He noted that the proposed development is adjacent to an established area with defined characteristics and that this development was not in keeping with those characteristics. General Committee recommends: THAT the comments of the delegate be received and referred to Item 12. CARRIED (n) Warren McClure, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 12 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. The delegate was not in attendance. General Committee recommends: THAT Jim Kyle, Manager, Policy Planning, be first to speak to Item 13. CARRIED General Committee Meeting Minutes Tuesday, January 18, 2011 Page 9 of 12 (q) Jim Kyle, Manager, Policy Planning Re: Item 13 - PL11-003 Regional Modifications and Approval of the 2C Secondary Plan (OPA 73) Jim Kyle reviewed the background and development of the 2C Secondary Plan (OPA 73) and outlined the approval process. Mr. Kyle detailed the minor regional modifications and two other significant modifications being the Hartwell Extension and the Business Parks. He noted the calculations utilized regarding the determination for Parkland that can be obtained under the Planning Act, and discussed the options outlined in report PL11-003. General Committee recommends: THAT the comments of the delegate be received and referred to Item 13. CARRIED (o) Don Given, Malone Given Parsons Ltd., Representing Aurora 2C Landowners Group Re: Item 13 - PL11-003 Regional Modifications and Approval of the 2C Secondary Plan (OPA 73) Don Given, of Malone Given Parsons Ltd., reviewed the chronology of the 2C Secondary Plan and updated General Committee on Parkland that was considered in the past but is no longer available as an option. He noted that obtaining land for Parkland use may be exceptionally expensive and that alternatives need to be investigated. General Committee recommends: THAT the comments of the delegate be received and referred to Item 13. CARRIED (p) Claudio Brutto, Representing Aurora Leslie Developers Group, East of Leslie Re: Item 13 - PL11-003 Regional Modifications and Approval of the 2C Secondary Plan (OPA 73) Claudio Brutto noted that he represents the Aurora Leslie Landowners Group and that they have faced challenges regarding the topography along Leslie Street. He noted that they would like to make a presentation to Council in the future. General Committee recommends: THAT the comments of the delegate be received and referred to Item 13. CARRIED VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None General Committee Meeting Minutes Tuesday, January 18, 2011 Page 10 of 12 VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT Items 1, 2, 4, 6, and 15 be deferred to the next General Committee meeting. CARRIED General Committee recommends: THAT Items 7, 9, and 10 be deferred to Council on January 25, 2011. CARRIED 12. PL11-002 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. Plan M-42, Block B & Part of Block A Official Plan Amendment File Number: D09-03-08 Zoning By-law Amendment File Number: D14-14-08 General Committee recommends: THAT report PL11-002 be received; and THAT due to the significant changes proposed by the developer, a new planning application be submitted; and THAT notification be provided to all of the affected residences. DEFEATED General Committee recommends: THAT report PL11-002 be received; and THAT Council endorse in principle the applicant’s revised development proposal subject to further negotiations; and THAT Council direct Staff to represent the Town’s position at the Ontario Municipal Board (OMB) and engage in mediation with the applicant if necessary. DEFEATED General Committee recommends: THAT the Procedural By-law be waived to extend the hour. CARRIED General Committee recommends: THAT Item 12 be deferred to the next Council meeting. CARRIED General Committee Meeting Minutes Tuesday, January 18, 2011 Page 11 of 12 13. PL11-003 – Regional Modifications and Approval of the 2C Secondary Plan (OPA 73) General Committee recommends: THAT the Procedural By-law be waived to further extend the hour. CARRIED General Committee recommends: THAT staff report PL11-003 be received; and THAT Council endorse the Region’s proposed modifications to the 2C Secondary Plan (OPA 73) with the suggested revision as outlined within modification # 7; and THAT Council determine its position pertaining to the parkland requirements for the 2C Secondary Plan. DEFEATED General Committee recommends: THAT Item 13 be deferred to the next Council meeting. CARRIED 14. PL11-004 – Application for Site Plan Approval (Revised Submission) Irwin Industrial Agencies Limited 221 Don Hillock Drive Lot 11, Plan 65M-3974 File: D11-09-08 General Committee recommends: THAT Council receive report PL11-004; and THAT Site Plan Application D11-09-08 (revised) be approved to permit the construction of a 2,108.56 m2 (22,697.11 ft2) office and warehouse; and THAT Council authorize the Mayor and Clerk to execute the site plan agreement. CARRIED IX NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gaertner questioned how staff interacts with applicants when a planning application is denied and how this affects the municipality should the application be appealed to the Ontario Municipal Board. Neil Garbe, Chief Administrative Officer, responded that Planning Staff are experts in their field and provide professional opinions. He advised that there is an obligation to receive and respond to the applicants as well as represent Council’s viewpoint. General Committee Meeting Minutes Tuesday, January 18, 2011 Page 12 of 12 Councillor Buck noted that Planning Staff have a professional responsibility to provide their opinion under the Planning Act. Councillor Buck noted that there were a significant number of items on the agenda and, due to the number of delegations, many of these items had to be deferred to the next meeting. X CLOSED SESSION General Committee recommends: THAT General Committee resolve into a Closed Session to consider the following matters:  Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Morris v. Johnson et al. - Defamation Action  A proposed or pending acquisition or disposition of land by the municipality or local board; Re: Acquisition of Balance of Case Woodlot CARRIED XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 11:46 p.m. CARRIED GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE REPORT OF THE GENERAL COMMITTEE MEETING OF JANUARY 18, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON JANUARY 25, 2011.