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MINUTES - General Committee - 20180123 Town of Aurora General Committee Meeting Report Council Chambers, Aurora Town Hall Tuesday, January 23, 2018 Attendance Council Members Councillor Thom in the Chair; Councillors Abel (departed at 10:06 p.m.), Gaertner, Humfryes, Kim, Mrakas, Pirri, Thompson, and Mayor Dawe Members Absent None Other Attendees Doug Nadorozny, Chief Administrative Officer, Techa van Leeuwen, Director of Corporate Services, Dan Elliott, Director of Financial Services, Al Downey, Director of Operations, Marco Ramunno, Director of Planning and Development Services, Lisa Warth, Acting Director of Community Services, Stephanie Mackenzie-Smith, Manager of Corporate Communications, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Ishita Soneji, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. General Committee consented to recess the meeting at 8:44 p.m. and reconvened at 8:54 p.m. On a motion of Mayor Dawe seconded by Councillor Kim, General Committee consented to extend the hour past 10:30 p.m. 1. Approval of the Agenda General Committee approved the agenda as circulated by Legislative Services, with the following additions: General Committee Meeting Report Tuesday, January 23, 2018 Page 2 of 13 • Delegation (b) Marnee Buckles, Resident; Re: Fence By-law • Delegation (c) Bob Lepp, Resident; Re: By-law Reforms • Item C9 – Trails and Active Transportation Committee Meeting Minutes of November 17, 2017 • Notice of Motion (c) Councillor Mrakas; Re: Name Submissions for Library Square • Notice of Motion (d) Councillor Mrakas; Re: Local Appeals Body • Notice of Motion (e) Councillor Abel; Re: Fence By-law 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 3. Presentations None 4. Delegations (a) Dr. Brian Moore, Moore Chiropractic Group, Canadian Disc Institute Re: Sign By-law No. 5840-16 as it relates to R5 Zoned properties Dr. Moore expressed concerns regarding the regulations of Sign By-law No. 5840-16, and requested that the by-law be reviewed; including sections on the sign variance appeal process, mobile sign usage in R5 Zoned properties, and to include requirements to regulate A-frame signage. General Committee received the comments of the delegation. General Committee Meeting Report Tuesday, January 23, 2018 Page 3 of 13 (b) Marnee Buckles, Resident Re: Fence By-law Ms. Buckles expressed concerns regarding an ongoing concern with a neighbouring fence and regulations of the Fence By-law, and requested that the Fence By-law be reviewed to include setback regulations from lot lines to ease property access. General Committee received the comments of the delegation. (c) Bob Lepp, Resident Re: By-laws Reform Mr. Lepp expressed concerns regarding various municipal issues. General Committee agreed to discontinue the delegation and not receive the comments of the delegation. 5. Consent Agenda Items C1 and C2 were removed from the Consent Agenda for separate discussion under Section 6, Consideration of Items Requiring Discussion, as Item R10 and R11. General Committee recommends: That Consent Agenda Items C3 to C9 be approved: C3. FS18-001 – Contracts Awarded Under Delegated Authority 1. That Report No. FS18-001 be received for information. C4. Heritage Advisory Committee Meeting Minutes of November 13, 2017 1. That the Heritage Advisory Committee meeting minutes of November 13, 2017, be received for information. C5. Parks, Recreation and Cultural Services Advisory Committee Meeting Minutes of November 30, 2017 General Committee Meeting Report Tuesday, January 23, 2018 Page 4 of 13 1. That the Parks, Recreation and Cultural Services Advisory Committee meeting minutes of November 30, 2017, be received for information. C6. Environmental Advisory Committee Meeting Minutes of December 4, 2017 1. That the Environmental Advisory Committee meeting minutes of December 4, 2017, be received for information. C7. Accessibility Advisory Committee Meeting Minutes of December 6, 2017 1. That the Accessibility Advisory Committee meeting minutes of December 6, 2017, be received for information. C8. Memorandum from Mayor Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of December 15, 2017 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of December 15, 2017, be received for information. C9. Trails and Active Transportation Advisory Committee Meeting Minutes of November 17, 2017 1. That the Trails and Active Transportation Advisory Committee meeting minutes of November 17, 2017, be received for information. Carried 6. Consideration of Items Requiring Discussion (Regular Agenda) General Committee consented to consider items in the following order: R1, R2, R3, R4, R7, R8, R5, R6, R9, R10 (formerly C1), and R11 (formerly C2). R1. PDS18-007 – Interim Control By-law, Stable Neighbourhoods, File Number: ZBA-2017-10 General Committee recommends: General Committee Meeting Report Tuesday, January 23, 2018 Page 5 of 13 1. That Report No. PDS18-007 be received; and 2. That, pursuant to Section 38 of the Planning Act, an Interim Control By- law be enacted to prohibit new residential dwelling or additions to an existing residential dwelling that exceeds the current development standards of the existing residential zones for a period not to exceed one year; and 3. That staff be delegated authority to determine whether to allow proposed minor variance applications in areas affected by the Interim Control By-law to be brought forward to the Committee of Adjustment; and 4. That staff be directed to undertake a study in conformity to the terms of reference attached to Report No. PDS18-007, to assess the existing development policies and zoning provisions within areas designated Stable Neighbourhood within the Official Plan with recommendations for the implementation of best practices to confirm to compatible infill development. Carried as amended R2. CAO18-001 – Logo for Aurora Armoury General Committee recommends: 1. That Report No. CAO18-001 be received; and 2. That Logo C be endorsed as it relates to signage for the Aurora Armoury and the subsequent promotion and advertising related to the Armoury (89 Mosley Street) as a community space. Carried R3. CS17-037 – 2018 Procedure By-law Review General Committee recommends: 1. That Report No. CS17-037 be received; and General Committee Meeting Report Tuesday, January 23, 2018 Page 6 of 13 2. That the final draft Procedure By-law, incorporating Council feedback, be presented at a future Council meeting. Carried R4. PDS18-001 – Application for Zoning By-law Amendment and Site Plan, Dorota Smolarkiewicz, 15403 Yonge Street, Lot 95 Registered Plan 246, File Numbers: ZBA-2016-14, SP- 2017-09, General Committee recommends: 1. That Report No. PDS18-001 be received; and 2. That Zoning By-law Amendment file ZBA-2016-14 (Dorota Smolarkiewicz) be approved, to rezone the subject lands from “Promenade Downtown Shoulder – Special Mixed Density Residential PDS4 Zone” to “Promenade Downtown Shoulder – Special Mixed Density Residential PDS4(X1) Exception Zone”; and 3. The Site Plan Application File Number SP-2017-09 (Dorota Smolarkiewicz) be approved, to permit development of subject lands for a business and professional office; and 4. That the implementing Zoning By-law Amendment be presented at a future Council Meeting; and 5. That the Mayor and Town Clerk be authorized to execute the site plan agreement, including any and all documents and ancillary agreements required to give effect to same. Carried R5. PDS18-003 – Award of Contract – ESRI Canada Limited General Committee recommends: 1. That Report No. PDS18-003 be received; and General Committee Meeting Report Tuesday, January 23, 2018 Page 7 of 13 2. That staff be authorized to renew the Enterprise License Agreement with ESRI Canada Limited for a three-year term at a cost of $63,000 per year. Carried R6. PDS18-004 – Community Improvement Plan Incentive Program Application, 14810 Yonge Street General Committee recommends: 1. That Report No. PDS18-004 be received; and 2. That the Façade and Signage Improvement Grant application for 14810 Yonge Street be approved and funding in the amount of $15,000 be granted and funded from the Economic Development Reserve Fund; and 3. That the Mayor and Town Clerk be authorized to enter into and sign any agreement, including any and all documents and ancillary agreements required to give effect to same. Carried R7. PDS18-006 – Proposal for Zoning By-law Amendment Application General Committee recommends: 1. That Report No. PDS18-006 be received; and 2. That the Zoning By-law Proposal from the following applicant be accepted as a Zoning By-law Amendment Application: (a) Starlight Investments Ltd. (145 Wellington Street West), File No. ZP- 2017-12 Carried R8. PDS18-008 – Tamarac Stormwater Management Facility Retrofit General Committee recommends: 1. That Report No. PDS18-008 be received; and General Committee Meeting Report Tuesday, January 23, 2018 Page 8 of 13 2. That the Mayor and Town Clerk be authorized to execute the necessary Agreement between the Town of Aurora and the Regional Municipality of York allowing the Region to complete the upgrades to the Tamarac Stormwater Management Facility, including any and all documents and ancillary agreements required to give effect to the same. Carried R9. PDS18-009 – Award of Tender 2017-127-IES-ENG – For Mary Street Sidewalk Construction, including New Right Turn Lanes, AODA Modifications and Pavement Markings General Committee recommends: 1. That Report No. PDS18-009 be received; and 2. That the total approved construction budget for Capital Project No. 34629 be increased by $85,959 to a total of $787,420, to be funded from the Roads and Related DC Reserve; and 3. That Tender No. 2017-127-IES-ENG, Capital Project No. 34629, for the construction of sidewalk on Mary Street including the addition of right turn lanes, AODA modifications and pavement markings, be awarded to Aloia Bros. Concrete Contractors Ltd. in the amount of $691,170.72, excluding taxes; and 4. That the Mayor and Town Clerk be authorized to execute the necessary Agreement, including any and all documents and ancillary agreements required to give effect to same. Carried R10. CS17-027 – Ontario Municipal Board Appeals between 2006 to Present (Formerly Consent Agenda Item C1) General Committee recommends: 1. That Report No. CS17-027 be received for information. Carried General Committee Meeting Report Tuesday, January 23, 2018 Page 9 of 13 R11. IES17-044 – Update on the Regional Road Projects in Aurora (Formerly Consent Agenda Item C2) General Committee recommends: 1. That Report No. IES17-044 be received for information; and 2. That staff be directed to write to the local MPP, Province, and Region to express the need for an interchange at St. John’s Sideroad and Highway 404. Carried as amended 7. Notices of Motion (a) Mayor Dawe Re: Review of Restrictions on Parking of Commercial Motor Vehicles on Residential Streets Whereas the Municipal Act 2001, S.O., 2001, c. 25, section 11 (1) authorizes a municipality to pass by-laws prohibiting or regulating parking and traffic on highways and on properties other than highways; and Whereas The Corporation of the Town of Aurora has enacted By-law Number 4574-04.T, as amended, being a by-law to regulate parking and traffic in the Town of Aurora; and Whereas residents have repeatedly expressed concerns with the parking of commercial motor vehicles on residential streets for extended periods of time; and Whereas the current restrictions under the bylaw do not adequately address the issues residents have expressed concerns about; 1. Now Therefore Be It Hereby Resolved That By-law, Operations and Engineering staff be directed to review the definition of “commercial motor vehicle” and the current restrictions on the parking of commercial motor vehicles on residential streets, and report back to Council on General Committee Meeting Report Tuesday, January 23, 2018 Page 10 of 13 recommended changes to the by-law to better address the needs of residents. (b) Mayor Dawe Re: Menorah Lighting Ceremony Whereas on December 18, 2017 the Town of Aurora partnered with Chabad Aurora to host the first ever Menorah Lighting Ceremony; and Whereas the Ceremony was attended by several members of the Community and Members of Aurora Council; and Whereas the feedback received to date is to host the ceremony on an annual basis; 1. Now Therefore Be It Hereby Resolved That Special Events staff be directed to investigate and report back to Council on the implications and feasibility of hosting an annual Menorah Lighting Ceremony as part of its regular event schedule beginning in 2018; and 2. Be it Hereby Further Resolved That staff consult with Chabad Aurora prior to finalizing their report. (c) Councillor Mrakas Re: Name Submissions for Library Square Whereas “Library Square” is a significant Town project for the redevelopment of our downtown core; and Whereas naming of the Square is an important part of the project; and Whereas the redevelopment of the Square will focus on more than just the Library; 1. Now Therefore Be It Hereby Resolved That staff be directed to create a process to receive name submissions for the square from the public and report back to Council with a recommendation; and General Committee Meeting Report Tuesday, January 23, 2018 Page 11 of 13 2. Be It Further Resolved That all Aurora residents be invited to make submissions. (d) Councillor Mrakas Re: Local Appeals Body Whereas Section 8.1 (1) of the Planning Act states, “if a municipality meets the prescribed conditions, the Council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the Council considers advisable, subject to subsections (3), (4) and (5). 2006, c.23, s.7”; and Whereas Bill 139, Building Better Communities and Conserving Watersheds Act, 2017 has received Royal Assent; 1. Now Therefore Be It Hereby Resolved That staff create a Local Appeals Body asper section 8.1 (1) of the Planning Act to hear Committee of Adjustment appeals; and 2. Be It Further Resolved That the Terms of Reference for the Local Appeals Body be brought back to Council in May for enactment. (e) Councillor Abel Re: Fence By-law Whereas the Town has current Zoning By-laws in place that provide guidelines for residential development as per the Ontario Planning Act; and Whereas the by-laws include how close to property lines the residential building can be constructed, or “setbacks” as they are called; and Whereas these setbacks allow access to the homes and allow residents to move from the front yard to the back, where pools, decks can be located so as not to infringe on their neighbours; and Whereas property lines are shared, and fences are erected; and Whereas some homes are constructed with common sideboard access, shared driveways between the houses; and General Committee Meeting Report Tuesday, January 23, 2018 Page 12 of 13 Whereas some homes have maintenance easements in place that allow residents rights of access; and Whereas some homes in the Town's older sections, many dating more than 150 years, were constructed prior to the Zoning By-law and Building Codes being in place, resulting in unique situations where a house may have been constructed with less than a foot to the property line; and Whereas a fence in this case may obstruct a resident from access to their home; 1. Now Therefore Be It Hereby Resolved That staff be directed to review the Town's Fence By-law and report back with amending provisions that would restrict the erection of fences in situations where the fence would impede access to the home. 8. New Business Councillor Mrakas inquired about the changes in procedures and regulations for the upcoming 2018 Municipal Election, and staff noted that an information report is forthcoming. New Business Motion No 1. Moved by Councillor Gaertner Seconded by Councillor Humfryes 1. That a public meeting be held to receive residents’ comments and suggestions on the proposed changes to the Zoning By-law for Stable Neighbourhoods that would make them more protective and in keeping with Aurora's Official Plan policies; and 2. That the meeting be held at the end of February or first week of March 2018 to ensure that suggestions received are included in the staff report to Council; and General Committee Meeting Report Tuesday, January 23, 2018 Page 13 of 13 3. That the current Zoning By-laws governing these older neighbourhoods and relevant policies of Section 6 in the Official Plan 2011 be made easily available online, by email request and on hard copy; and 4. That the meeting information be posted on the Notice Board, online, social media platforms as soon as possible, and comments and suggestions be accepted by any appropriate means including email, written submissions, and social media. Carried Councillor Gaertner expressed concern regarding the lack of accessible washrooms on the second floor of the Aurora Public Library, and requested staff to consider this in the 2018-2024 Accessibility Plan. Councillor Humfryes referred to Delegation (b) and inquired about the next steps in addressing the concerns expressed by the delegate, and staff provided a response. Councillor Thompson further inquired about the Town’s procedures on fence regulations and issues, and staff provided a response. Councillor Kim extended his regards to Councillor Thompson for his leadership with the budget process in 2017 and the Finance Advisory Committee. 9. Closed Session None 10. Adjournment The meeting was adjourned at 10:54 p.m. _________________________________ _________________________________ Jeff Thom, Councillor Michael de Rond, Town Clerk