MINUTES - Special Council - 19850130.. , .. .,
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MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE BOARD ROOM AT THE
YORK REGION BOARD OF EDUCATION, WEDNESDAY, JANUARY 30, 1985 AT 7:30 P.M.
Present Were: Mayor Illingworth and Councillors Richard Barker, Evelyn Buck, Tim
Jones, Martin Paivio, Earl Stewart and John West.
Regrets From: Councillor Norm Stewart sent regrets and Councillor L. Ostick was on
vacation.
Also in attendance were Clerk-Administrator K.B. Rodger, Deputy Clerk C.E. Gowan,
Regional Planner S. Seibert and Chief Building Official R.J. Harrington.
Mayor Illingworth advised those present that this meeting had been called as a
Public Meeting with respect to the introduction of By-Laws amending the Zoning
By-Law for Heron Homes (Aurora) Ltd., Andy Investments Ltd. and Stolp Homes Ltd.
and O.P. Amendments for Andy Investments Ltd. and Beacon Hall.
The Deputy Clerk advised that notices of the meeting were mailed on December 20,
1984 by First Class mail, to addresses within 120 metres of the areas, as shown on
on the last revised assessment roll of the Town of Aurora to which the By-Laws
would apply and also advertisements were placed on December 26, 1984 and January
16, 1985 in the local paper. The necessary signs were posted on the various
properties in accordance with the rules of procedure under The Planning Act (1983).
Mayor Illingworth advised that any persons who wished further notice of the passage
of the By-Law under consideration should sign the forms available before they leave
the meeting.
Mayor Illingworth requested S. Seibert, to outline Application Z-41-84 -Heron
Homes (Aurora) Ltd.
Proposal (Heron Homes Ltd. -Application Z-41-84)
Location
This application involves an irregular shaped parcel located at the south-east
corner of Wellington Street and Bathurst Street, west of the most westerly
extension of Kennedy Street.
Proposal
The applicants propose to amend the zoning by-1 aw from "H-Holding" to "Detached
Dwelling First Density Exception Zone" and "Detailed Dwelling Second Density
Exception Zone" and "0-Major Open Space" to permit the development of a 106 lot
plan of subdivision. The subdivision which has been recommended for approval
comprises the following; 10 lots having a minimum size of .2 ha {1/2 acre), 96 lots
having a minimum of 650m2 (approximately 7,000 square feet) and 1 open space block
which is flood prone and will be conveyed to the municipality. The development
will have temporary access to Bathurst Street by means of Street "D", as the owner
of the property where the permanent access will be located apparently does not wish
to develop at this time. The applicant will be required to extend Kennedy Street
from its current point of termination to the subject lands before not more than 40
building permits are issued but not less than 2 years from the date of registration
of the plan.
The property will connect to the 1 ands to the east by means of Street "G" which may
be relocated depending upon the final road pattern established for that property.
Comment
Council has recommended draft approval of the proposed plan of subdivision. It has
undergone a detailed review in connection with this application and apparently
meets the requirements of those agencies. A previous public meeting to discuss
this application was held on July 25, 1984, and no objections to it were received.
Planning Consultants for Heron Homes (Aurora) have requested a number of exceptions
to the "R1-Detached Dwelling First Density Zone" to implement the subdivision
plan. As well the "R2-Detached Dwelling Second Density Zone" should be
specifically tailored to reflect the subdivision plan to ensure that 18 metre (60
feet) lots must be constructed.
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SPECIAL COUNCIL MEETING ... WEDNESDAY, JANUARY 30, 1985
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Proposal (Heron Homes Ltd. -Application Z-41-84) (continued)
Agency Comments
South Lake Simcoe Conservation Authority -no objection.
York Region Board of Education -no objection.
Concerns:
-owners of property to the south-east and south-west concerned about the alignment
of Kennedy Street West
West:
Jones:
Resolved that the Planner be directed to prepare the necessary
By-Law for Council's consideration.
CARRIED
Mayor Illingworth requested the Planner to outline Application OP-02-85 -Andy
Investments Ltd.
Proposal (Andy Investments Ltd. -Application OP-02-85)
The app 1 i cant proposes to amend the Official Plan from "Rura 1" to "Urban
Residential" to permit the subject lands to be developed for a residential plan of
subdivision, the draft of which, currently before Council, comprises 152 lots, a
park block of 1.38 ha (approximately 3.4 acres) and a flood prone open space area
of 5.74 ha (14 acres). The entire site comprises 20.7 ha (51 acres). The lots
have a minimum size of 460 m2 (approximately 5,000 square feet) and a minimum
frontage of 15m (approximately 50 feet). A recently submitted redesign of the
plan, not yet before Council, would increase the number of lots in the development
to 161 and redesigns the road pattern so that the subdivision is totally connected
with Wellington Street.
The zoning application would amend the zoning category applying to the lands from
"RU-Rural" to "R2 -Detached Residential Dwelling First Density" and "E.P. -
Environmental Protection" and "0 -Open Space".
Comment
The land use category on part of the lands to the west of the subject site was
recently amended from "Suburban Residential" to "Urban Residential" with the
proviso that normal urban densities with 40 or 50 foot lots would not be
permissible. The density established for that site is 8.5 units per hectare (3.4
units per acre) as opposed to 16 units per hectare (6.4 units per hectare) which is
permitted elsewhere in the "Urban Residential" category. (The proposal before
Council for the lands to the west is for 7.2 units per hectare (2.8 units per
acre)). The subject proposal is for 11.3 units per hectare (4.5 units per acre).
The lands south of the subject property along Kennedy Street are currently "Rural"
on the Official Plan. As well, the lands along Wellington Street are designated
"Rural" and are developed for large lot unserviced detached residential land uses.
The Aurora West Secondary Study envisaged that the entire area would be "Urban
Residential".
Agency Comment
Ministry of Transportation and Communfcations -no objection.
South Lake Simcoe Conservation Authority -no objection.
Regional Medical Officer of Health -no objection.
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SPECIAL COUNCIL MEETING .•• WEDNESDAY, JANUARY 30, 1985
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Proposal (Andy Investments Ltd. -Application OP-02-85) (continued)
Other Comments
-Mr. S.C. Walker (see attached) expresses concern about the size and type of
houses and the fact that no access to his property from either the east or south
exists to allow redevelopment;
-would like access to the sewer;
-feels that his eastern property boundary should be fenced by the developer.
Concerns:
-traffic onto Wellington Street opposite Hilldale Road
-road grade steep on Wellington West where traffic will exit
-need of traffic lights in this area
-property owner to south concerned road alignment and road access
-would like to see green belt retained
-size and type of houses
-sewer water services availability
West:
E. Stewart:
Resolved that the Planner be directed to prepare the necessary O.P.
Amendment for this proposal for Council's consideration.
CARRIED
Residents on Wellington Street West (10-12 homes) to be sent copy of By-Law when
prepared.
Application Number Z-03-85 (Andy Investments Limited)
PlannerS. Seibert advised that this application was not appropriate at this time.
Proposal (Beacon Hall -Application OP-04-85)
Location
The subject property has frontage on Vandorf Sideroad on its northern boundary, the
Hazelburn Farm Subdivision on Yonge Street on its Western boundary, undeveloped,
rural lands and Bayview Avenue on its eastern boundary, undeveloped estate
residential and developed estate residential land on its southern boundary. It
comprises a total of 115 hectares (277 acres). An application comprising the 81
hectares (183 acres) owned by the Toronto and North York Hunt Club was before
Council at its Public Meeting of June 17th, 1984 under application OP-33-84. A
copy of an excerpt from the minutes of the meeting concerning that application is
attached.
Present Proposal
The present proposal as was noted above, differs from the first proposal concerning
some of the lands in that it encompasses an additional 34 hectares (84 acres). The
proposal is slightly different in that the commercial facility (a restaurant) on
Yonge Street and the main entrance from Yonge Street are eliminated, a tennis
complex and 6-1 acre estate type single family lots are added on the lands in lots
73 and 74, the condominium townhouse residences are reduced from 50 to 42 and 19
condominium ownership apartments are added. The total number of residential units
to be constructed on the site increases from 50 to 67.
The following are the main features of the present development as proposed by the
applicant.
-Championship calibre 18-hole golf course, including practice facilities
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SPECIAL COUNCIL MEETING .•. WEDNESDAY, JANUARY 30, 1985
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Proposal (Beacon Hall -Application OP-04-85) (continued)
Present Proposal (continued)
-Clubhouse with driving and recreation facilities, including an outdoor swimming
pool
-20 acre tennis club complex with indoor and outdoor court facilities
-Visitors' building with 6 guest suites, staff apartment and club offices
-42 condominium ownership townhouse residences
- 6 one acre estate-type single family lots
-19 condominium ownership apartments
-hiking and cross-country ski trails
The Townhouse units will be arranged in clusters of 3 to 6 units, located in 2
wooded areas of the site within the golf course, but buffered from it by existing
trees. The guest suites and apartment units will be located adjacent to the
clubhouse.
There will be some variety in the types and sizes of the residences, but the basic
prototype will be a two bedroom unit with approximately 2,600 square feet (242 M2)
of living space in the townhouses and 1,500 square feet (140m2) in the apartments
The current proposal does provide land for future expansion of the cemetery,
although no location is specifically defined, it is understood that 10 -12 acres
south of the present cemetery could be made available for cemetery expansion should
this prove to be acceptable.
Comment
At the June meeting held to discuss the previous proposal a number of concerns were
expressed respecting the servicing of the proposed development.
The applicants have, to answer these concerns, commissioned a further study by
Morrison Beatty Limited, Consulting Engineers and Hydrogeologists.
The following is the summary of the findings of that study as reported by Morrison
Beatty.
1.0 Summary
Beacon Hall Enterprises Limited proposes to develop Lot 73, Concession 1, EYS and
part of Lots 74 and 75, Concession 1 EYS as an 18 hole Golf Course and Tennis Club
facility, with about 70 associates luxury residential units. To establish the
feasibility of such a development, Beacon Hall Enterprises was requested to verify
the water supply with respect to:
-quantity for irrigation and potable supply
-the quality of the water
-the interference effects caused by pumping water from the supply aquifer on
nearby domestic wells and the Aurora municipal wells.
This report describes the results of this investigation and concludes there is an
adequate supply from the deep overburden aquifer for the proposed development, to
satisfy both the irrigation demands and potable water demands. The quality of
water from all sampled aquifers is within provincial guidelines for potable water.
Also the interference generated by pumping the required volumes of water from the
deep overburden aquifer will have negligible effects on nearby domestic wells and
the Town of Aurora wells.
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SPECIAL COUNCIL MEETING ..• WEDNESDAY, JANUARY 30, 1985
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Proposal (Beacon Hall -Application OP-04-85) (continued)
1.0 Summary (continued)
The lack of drawdown effect in the upper aquifers also demonstrates that there will
be no measureable impact of this development on the movement of contaminants from
the Aurora landfill site.
The report was circulated to the Ministry of the Environment, the York Regional
Public Health Branch and the Regional Engineering Department with the request that
comments be made so that a meaningful discussion of the proposal could take place.
At the request of the Ministry of the Environment a meeting was held at the Town
offices on January 28th to discuss the findings of this report and the implications
of the proposal upon the various levels of government involved with municipal
servicing and approvals. Representatives from the Regional Public Health Branch,
Regional Engineering, Ministry of the Environment and the Municipality discussed
the report and the proposal from a number of prospectives. The following are
summaries of those concerns and/or views expressed. Written confirmation of these
views will be forthcoming from the various Departments.
(1)
( 2)
Ministry of the Environment
-main concern is the presence of the Landfill Site and the contamination
plume.
-this proposal would require a well to draw from the deep aquifer which
would withdraw large quantities of water.
-would prefer to see the development serviced by the current municipal
water supply system as opposed to a private system with a deep well on
this site.
-feel that they would be prepared to recommend in favour of the private
sewage disposal systems provided that soils, etc. meet standard
requirements.
-want clear answers on the direction of ground water flow, the thickness
of the aquitard and its consistency and more information on the western
side of the site.
York Region Public Health Branch
-concerned mainly with the large amount of water being drawn from an area
which is close to the landfill site and the contamination associated with
it.
-there are a number of unknowns in respect to the aquifers, how the upper
aquifer relates to the lower aquifer and what is actually under the
landfill site.
-concerned that the contamination plume could go down as well as out.
-want assurances from Ministry of the Environment that the short and long
from safety of the deep aquifer which would serve the development and the
town water supply is protected.
-require more information on the communal tile fields but in principle
have difficulty with this aspect of the proposal.
{3) York Region Engineering Department
aquifer in this area is very complex and there are a number of unanswered
questions concerning it.
Concerned with the landfill site and its relationship to the proposal,
particularly with the possibility of cross-contamination.
will not accept small communal water supply systems as the Region is
responsible for them.
-would prefer that the development proceed on municipal water supply.
-feel that communal tile fields should function alright because of the
very low density of the proposal, provided all normal standards are
adhered to.
-opposed to using groundwater for irrigation purposes, this is related to
the overall concern for the provision of water supply for both Aurora and
Newmarket from the aquifer.
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SPECIAL COUNCIL MEETING ... WEDNESDAY, JANUARY 30, 1985
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Proposal (Beacon Hall -Application OP-04-85) (continued)
1.0 Summary (continued)
(3) York Region Engineering Department (continued)
irrigation water would/should not get back to lower aquifer if data
stating that cross-contamination because of the clay separating the two
aquifers is valid.
-would require that irrigation be provided from surface water --this has
been the department's stance on other similar developments elsewhere.
The Town's Consulting Engineers, Reid and Associates Limited have also reviewed the
report prepared by Morrison Beatty Limited (see copy of correspondence attached).
Reid and Associates basically support the servicing concept proposed by Morrison
Beatty Limited. However, it does appear based on our discussions with the various
approval bodies, that there is a general reluctance to approve the proposal on
private wells, either for domestic water supply or for irrigation purposes.
Conclusions
There are still a number of unknowns associated with the water supply and sewage
disposal aspects of this proposal. However, as stated above there appears to be a
general reluctance to approve the proposal based on private water supply.
Council's options should they wish to support the application may well at this
point, be limited to approving the concept based on municipal water supply. It is
suggested that before any allocation is made, a full understanding of the
relationship of this property to others in the area, which may also be influenced
by the landfill site, is gained and a policy position taken on servicing allocation
within the area.
Agency Comments
South Lake Simcoe Conservation Authority:
-have verbally indicated that concerns with the water recharge aspects of the site
have been addressed.
-note that a stream area exists on the western part of the site.
-suggest that this area be protected with a 3D metre no development area adjacent
to it.
Regional Planning:
-will comment when documentation is available.
York Regional Board of Education:
-No objection.
Other Comments
Brian Corbett, 8 Candac Valley Drive (see attached).
Chusid and Friedman on behalf of WMI Waste Management of Canada Inc. (see
attached).
Concerns:
lights -Tennis Courts
-buffer re: cul-de-sac -Candac Valley Drive
-water -unknown facts
-land to be given to cemetery
-effect on wells
-open space
-buffer to south needed
-protection of properties (golf balls, etc.)
-assurance that property will remain as shown on plan.
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SPECIAL COUNCIL MEETING ... WEDNESDAY, JANUARY 30, 1985
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Proposal (Beacon Hall -Application OP-04-85) (continued)
West:
E. Stewart:
Resolved that this proposal be accepted in principle for O.P.
Amendment, for Council's consideration subject to satisfactory
resolvement by staff of servicing aspects and public agencies
concerns.
CARRIED
Mayor Illingworth requested the Planner to outline Application Z-05-85 (Stolp Homes
Ltd.):
Proposal (Stolp Homes Ltd. -Application Z-05-85)
Location
This application involves a number of lots on plans 65M-2189 and 65M-2228 which are
Phases 1 and 2 of the Wimpey development.
Proposal
The proposed zoning by-law amendment would amend the provisions of the by-law
respecting permitted interior side and rear yard encroachments. It would recognize
the existance of a number of side bay windows as well as side and rear decks on
newly constructed houses on plans 65M-2189 and 65M-2228 (Stolp Homes). Side decks
and bay windows are not permitted to encroach into the minimum required side yard.
Rear decks are permitted to extend 2.5 metres (approx. 8.2 feet) into the minimum
required yard. The applicants apparently constructed 17 houses with side bay
windows which encroach into the minimum required yard, 3 houses with rear decks
which encroach into the minimum required rear yard more than 2.5 metres
(approximately 8.2 feet) and 6 houses with side decks encroaching into the required
minimum side yard.
The most serious infraction of the by-law provisions respecting rear decks is a
1.6m (approximately 5 feet 3 inches) encroachment. Other encroachments are .6
metres (around 22 inches). The greatest side yard encroachment for a deck is
approximately 1 metre (40 inches) while most encroachments average approximately
.33 metres (12 inches). The greatest side yard encroachment for a bay window is
approximately .33 metre (13 inches) while the average is approximately .12 metre
(4.5 inches). The affected lots on plan 65M-2189 are 168, 169, 120, 102, 103, 106,
113, 114, 117, 170, 93, 95, 96, 97, 130, 171 and 172. The affected lots on plan
65M-2228 are 37, 96, 98, 99, 102 and 109.
Comment
The infractions in question relate to homes already constructed. The applicants
have indicated that in their experience c.antilevered bay windows are not considered
a yard encroachment. In connection with the side decks, the ground contours
dictate that stairs and a landing are necessary to provide access to the buildings.
Agency Comments
York Regional Health Unit -no objection.
South Lake Simcoe Conservation Authority -no objection.
York Region Board of Education -no objection.
Concerns:
-width of rear decks
-grade of 1 and
-siting of homes on lots
Barker:
E. Stewart:
Resolved that the Planner be directed to prepare the necessary
by-law.
CARRIED
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SPECIAL COUNCIL MEETING .•. WEDNESDAY, JANUARY 30, 1985
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RESOLUTIONS
1. Reconstruction -Dunning Avenue
Barker:
E. Stewart:
ADJOURNMENT
Buck:
West:
Resolved that Reid and Associates Ltd. be authorized to have a soil
investigation and report prepared for the Dunning Avenue
reconstruction at an estimated cost of $2,900.00 and the Seal of the
Corporation be attached hereto.
CARRIED
Resolved that the meeting be adjourned at 9:58 p.m.
CARRIED
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Mayor 0 ~