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MINUTES - Special Council - 19940328II TOWN OF AURORA SPECIAL COUNCIL -PUBLIC PLANNING MEETING NO. 09-94 Council Chambers Aurora Town Hall Monday, March 28, 1994 7:30p.m. MINUTES II COUNCIL MEMBERS IN ATTENDANCE Mayor West in the Chair; Councillors Constable, Griffith, Healy, Jones, McKenzie, Pedersen, Timpson, and Weller. STAFF MEMBERS IN ATTENDANCE Chief Administrative Officer, Municipal Clerk, Director of Planning, Director of Building Administration, Senior Planner, Planner, Planning Technician, Recording Secretary, and Town Solicitors. Mayor West advised that this meeting had been called as a Public Meeting with respect to proposed Official Plan Amendments and Zoning By-law amendments impacting Lots 17 through 20, Concession II E.Y.S., The Alpenhouse Limited and Magna International Inc., D09-06-94/D14-08-94; D09-07-94/D14-09-94; and D09-05-94/D14-07-94. The Public Meeting procedures and the opportunities available for concerned residents to ask questions related to the items tabled for discussion were explained and Mayor West advised that any persons wishing further notice of the passage of the proposed By-laws under consideration were requested to sign the information forms available. Mayor West noted that the proponent would make one presentation encompassing the details of the three applications under review. The Municipal Clerk advised that the required Notice of Meeting for application numbers D09-05-94/D14-07-94; D09-06-94/D14-08-94; and D09-07-94/D14- 09-94 was served February 25, 1994, by First Class Mail to the addresses of owners within 120 metres of the lands bordered by Bayview Avenue, Wellington Street East, Leslie Street, and the Vandorf Sideroad, as shown on the last revised assessment roll of the Town of Aurora. To supplement service of this notice, a non-statutory Notice of Public Meeting was placed in the March 8, 1994, issue of the Era Banner. DECLARATION OF CONFLICT OF INTEREST There were no disclosures of interest under the Municipal Conflict of Interest Act. Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 APPROVAL OF AGENDA Page 2 #155. Moved by Councillor Weller Seconded by Councillor Timpson THAT the content of the Agenda be approved as outlined herein with the addition of correspondence received from area residents for consideration along with Reports PL94-028-080; PL94-29-081; and PL94-030-082. CARRIED PL94-028-080 -Proposed Official Plan and Zoning By-law Amendments. Office Commercial and Industrial. The Alpenhouse Limited and Magna International Inc. D 14-08-94 and D09-06-94 The Director of Planning provided a brief history of the previous applications related to the entire site, along with an overview of the combined subject applications. In November 1993, the Town was in receipt of a much broader proposal incorporating a head office associated industrial/commercial uses, a golf course and a residential community. In order to expediate certain components of the overall concept, the applicant withdrew the initial proposal in February 1994 and subsequently substituted three individual applications. These applications are comprised of an industrial/commercial development incorporating a head office, research and development facilities, two advanced production plants, along with future medical and arts facilities; the original residential component and the lands along Wellington Street East are proposed to be designated a Special Study Area; the third application requests a designation of the remaining lands as private open space in order to develop a golf course. A number of significant concerns with the planning aspects of the proposal were outlined. The area east of Bayview Avenue has not been subjected to detailed planning. Under the Official Plan, development east of Bayview is to be curtailed. An access and collector system of roads has not been identified. Infrastructure plans for the entire area, as well as the subject lands, have not been prepared, accordingly, servicing requirements and remedies are unclear at this time. Long-term growth needs for the Town have not been identified. Adequate serviced industrial land is currently available to accommodate the land proposed to be designated for this purpose. A serious concern remains that proceeding with the requested amendments may set a precedent with respect to future expansion and requests from other developers. It was, therefore, suggested that application be treated by Council as an exception to rather than an extension of the urban services boundary. Due to the substantial economic benefits that may be gained through the requested approvals, Mrs. Seibert indicated Council should ultimately be responsible for the decision as to the merits of the potential gains weighed against the contravention of current policies. It was recommended that if the proposal was to proceed, specific policies should be defined and various implementing agreements entered into to ensure that development occurs in a timely fashion, in the form portrayed, with provisions for the protection of Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 Page 3 provincial and regional interests, adequate servicing, and financial obligations. In addition, the applicants should withdraw their objections to the Official Plan lodged with the Ontario Municipal Board as a condition of any approval. In order to safeguard the integrity of the Official Plan, in light of other pending development requests, any amendment to the Official Plan approved should clearly specify the exception as being economically based. Applicant's Comments Mr. Don Given, the consultant representing the proponent, advised that the owner as well as a full consulting team of engineers and environmentalists were available to respond to any questions or concerns raised respecting each of the applications scheduled for consideration. Mr. Given indicated that the original proposal encompassed a concept for the entire 750 acres. The proposal has since been split into three individual applications to allow the Town to expeditiously assess the various components. He stressed the considerable financial benefits and unique opportunities available to the Town for the endorsement of the concepts of this particular development project. Mr. Given indicated that the proponent was prepared to explore methods to address concerns raised by the various commenting agencies. As substantial portions of the subject lands fall outside the Oak Ridges Moraine, approvals could be considered without the delays associated with finalization of the relevant policies by provincial ministries. The proponents intend to complete the serv1cmg works to allow the commercial/industrial components to proceed within a minimum timeframe. Occupancy for the corporate headquarters is intended for mid to late 1995. One industrial plant is required immediately. In order to meet the corporation's targets, a tremendous amount of support is required from the approving agencies and the Town. Mr. Given identified other substantial automotive related projects under similar constraints and outlined the manner in which government agencies ensured their timely completion. With respect to the golf course, Mr. Given noted the development constraints and possible remedies including the potential alteration of the site's configuration which is currently being examined. The applicants sought support conditional upon receipt of ministry approvals. In regard to the former housing component, Mr. Given displayed a conceptual plan which demonstrated how the 240 units proposed were designed in a compact urban form comprising three neighbourhoods linked by open space. He advised, the applicants have agreed to have these lands considered for a special study area designation. However, he urged timely completion of the studies comtemplated as the proponents are of the opinion that a shortfall in available future residential land will evolve. In closing, Mr. Given stressed the tightness of the development time-table due to the expiration of various leases and reiterated the identified need for a new manufacturing plant in 1994. He advised Council and the public in attendance that the Town was extremely fortunate to have such a unique development opportunity present itself. Expeditious approvals for each of the land use designations sought was requested, and a commitment to work within the Town's framework to implement the project was provided. Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 Public Comments Environmental Comments/Concerns Page 4 A number of environmental concerns were raised by members of the public present including the possible toxic contamination of the deep aquifer with respect to the manufacturing aspects of the plan. Clarification regarding the type of auto parts manufacturing to be conducted along with the identification of pollution control factors to be utilized was sought. The Town's ability to meet the water demands of the site was questioned. It was suggested that perhaps provincial bodies would protect environmental interests while Council's thrust should be employment opportunities. Socio-economic Comments/Concerns It was questioned whether the results of the sociological impacts with respect to community breakdown were studied. In addition, it was questioned whether economic impact studies have been completed. It was suggested that while millions of dollars would be invested in the completion of this project no clear definitions of what is to be achieved have been provided. An explanation of the type of medical facility and the use of the arts and education centre was sought. The opinion was expressed that the future of Ontario lay in small businesses and not large international corporations. It was also expressed that investment in research and development was an investment in the future. Technical jobs are limited and this project would create much needed positions in the research and development field. A direct benefit of 1,000 positions was attributed to the project with an undetermined number of spin-off positions in the areas of construction and supply and service. As this industry is highly competitive, Council was urged to approve the project in order for the proponent to gain an edge within the world market. The number of new net jobs as opposed to transfers was questioned and a definition of the types of positions which would be available was requested. Planning Comments/Concerns The opinion was expressed that official plans are planning documents and should remain flexible. Concern was expressed that uncontrolled development would create urban sprawl leading ultimately to an assault on lifestyles in Aurora. It was requested that other nearby landowners be given due consideration in conjuction with the approval of this project. Concern was also expressed over the tight timeframe being requested. The timefactor and quantum of reports required with respect to the recent secondary plan review and approvals for the neighbouring Cat-Tail lands was requested. The use of existing available serviced industrial land was questioned. It was pointed out that if faced with choosing between amendments to the Official Plan and losing a development opportunity of this magnitude, Council was urged to make the necessary exceptions to the Official Plan in order to approve the concept plan in its entirety. Council was urged to use caution in its decisions in order to prevent the development of • Magnaville'. Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 Financial Comments/Concerns Page 5 Questions regarding the financial implications including the industrial and residential tax ratio benefits to the Town and the methods by which cost- sharing would be implemented with respect to the servicing responsibilities were asked. It was suggested that guarantees be incorporated into any agreements to ensure the use of the lands as proposed as well as penalties for non-fulfillment of promises. Concern with the potential sale of the land to a third party for a substantial profit was expressed. Reponses to Public Comments In response to environmental comments and concerns Mr. Given indicated that no heavy metals or caustic sodas will be used. The plants' function would be research and product development. The public was assured that all environmental rules and regulations will be complied with and stamping would not be one of the operations conducted. For instance, following study into allegations with respect to the Newmarket operation, the odours were found to originate from sources other than Magna. Mr. Given suggested that the water demand for this site would be in the vicinity of 0.2% of the Town's allocation from the aquifier. In response to socio-economic comments and concerns the Director of Planning indicated that support studies addressing social and economic impact have not been received. The Owner reiterated that private not public funds would be used to complete this development and, accordingly, many of the uses were the concern of the board of directors. The Owner advised that the arts and education centre was intended to be a multi-purpose facility for the use and education of Magna's employees. Mr. Stronach indicated that perhaps exhibits by local artists or productions of theatre groups could be conducted in the facility. The medical facility would serve as a clinic for employees. The company intends to work with the provincial government in an effort to reduce provincial health care costs and perhaps eventually provide hospital services to the community. Mr. Stronach also stated that the pumhase of research and development from external sources was not feasible. An established percentage of the company's profits would be spent in this area as a foundation for the future. The proponent indicated that the positions created would encompass office staff, researchers and engineers associated with this type of market. Mr. Stronach advised that ten times the promised number of employment positions currently exist in the Newmarket facility. In response to planning comments and concerns, the Director of Planning advised that the Official Plan guides growth and is used as a management tool. It was developed with the deliberate intent to maintain growth in an orderly fashion so that all necessary requirements could be provided for. The plan currently provides for growth during the second ten-year period. Mrs. Seibert indicated that any special study should consider the lands of other owners and suggests that any study be conducted in two phases; a growth management study followed by a secondary plan. The Owner indicated that a tight time schedule must be adhered to due to the expiration of current leases. Mr. Stronach also indicated that unnecessary delays imposed by the Town would result in a withdrawal of the applications. Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 Page 6 The Director of Planning advised that the neighbouring residential development had been subjected to numerous environmental studies between 1988 and 1993. The subdivision received OMB approval in 1993. However, an industrial plan was received in 1984 by the proponents prior to the sale of the lands. The Owner indicated he had no interest in the available industrial land within Aurora and felt it has been stripped of all greenery. In response to financial comments and concerns, the Mayor indicated that while actual figures are not available, industrial assessment benefits exceed the residential mill rate in general. Mayor West also advised that the Town's current practice of implementing site specific plans and agreements provide adequate legal guarantees. The propopent would be responsible for all servicing and infrastructure costs. The Town does not practice cost-sharing with respect to development projects but requires that all costs be borne by the developers. The Public Meeting closed at 10:08 p.m. and Council's deliberations began. #156. Moved by Councillor Jones Seconded by Councillor Timpson THAT staff be directed to prepare an Official Plan Amendment based on the premise that it is an exception to the Official Plan based on economic grounds only, as set out in section 2(i) of the Planning Act, which includes provisions for the matters raised in the staff report and those raised at this public meeting, including: THAT appropriate measures should be contained within the amendment and the implementing zoning by-law amendment and subdivision agreement to ensure that the Magna Head Offices are constructed within a given time period; THAT the site is laid out so as to be efficient for truck and industrially associated traffic; THAT the buildings be of a high quality with minimal fully screened outside storage; THAT servicing be designed so as not to prejudice the outcome of the growth management study discussed in Report PL94-029-081; THAT the urban settlement boundary be maintained so as to safeguard against unwarranted premature development premised on this application; THAT the servicing and financing of it through the Development Charges By-law be resolved prior to the enactment of the amendment; and THAT the referral of the Official Plan by the applicants to the Ontario Municipal Board be withdrawn. ------·---- Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 On recorded vote, the resolution was CARRIED YEAS: 9 NAY: 0 Page 7 VOTING YEA: Councillors Constable, Griffith, Healy, Jones, McKenzie, Pedersen, Timpson, Weller, and Mayor West. PL94-029-081 -Proposed Official Plan and Zonjng By-law Amendments. The Alpenhouse Limited and Magna International Inc .. Special Study Areas: 014-09-94 and 009-07-94 The Director of Planning provided a brief overview of the intentions of applicants along with suggested criteria for conducting a two-phased approach to conducting a study of the subject lands. The first phase should define a study area, without precluding the inclusion of lands outside of the application area, and establish land use needs over the long term. The second phase would involve an actual secondary plan. This approach would be similar in nature to that of the Wellington Corridor Study and Bayview Wellington Secondary Plan, which was recently undertaken. It is recommended that a committee of Council along with residents work with staff supported by an independent consulting team in order to carry out the study. Financing should be the responsibility of the applicant with the consultants strictly responsible to the Town. Public's Comments It was suggested that perhaps the official plan review should be conducted now instead of 1996 as planned. In addition, as secondary planning should be on a community scale and include a broad range of housing types, a collector road system, greenspace, and address social uses, perhaps the entire concession block should be incorporated into the study area including the proposed private open space lands. Area property owners and/or their respesentatives expressed a desire to have their lands considered during the special study. Concern was expressed that by permitting the extension of the urban boundaries, it would be extremely difficult to restrict other development projects within rural areas. In response to the opinions expressed, the Director of Planning advised that although it may be logical to include additional neighbouring lands in the study, more information would be required prior to a recommendation being made regarding the definition of the boundaries for study. A growth management study should form a portion of the review process. In addition, although it may be desirable to bring forward the official plan review, it is logistically not feasible at this time. The Public Meeting closed at 10:46 p.m. and Council's deliberations began. Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 Page 8 #157. #158. Moved by Councillor Pedersen Seconded by Councillor Timpson THAT Council supports the establishment of a Special Study Area on the subject lands and any other land as may result from the undertaking of a Growth Management Study. The Growth Management Study should recommend the geographic limits of the overall Special Study Area. The second phase of the study should be an actual secondary plan taking into account matters such as land use, road patterns, etc. A terms of reference and timeframe for carrying out the study should be agreed upon by all the parties including the Regional Planning Department; THAT these should be structured around section 4.1 (b) of the Official Plan, as outlined in Mrs. Seibert's staff report; THAT staff be directed to prepare an Official Plan Amendment setting out this as a policy; and THAT staff are also directed to write to the Region of York requesting that a similar policy that sets out the intent to carry out such a study be included in the text of the Regional Official Plan prior to its adoption. CARRIED Moved by Councillor Jones Seconded by Councillor McKenzie THAT the provisions of the procedural By-law be waived, the hour of adjournment be extended, and the agenda completed. CARRIED PL94-030-082 -Proposed Official Plan and Zoning By-law Amendments. The Alpenhouse Limited and Magna International Inc., Private Open Space: D14-07-94 and D09-05-94 The Director of Planning provided a brief outline of the proposal and identified concerns associated with the development of a golf course within environmental protection areas. The subject lands are located within portions of the Oak Ridges Moraine and designated Wetlands. It was noted that although the applicant intends to redesign the layout in order relocate portions of the course out of the most sensitive areas, neither detailed plans nor conclusive advice from the Ministry of Natural Resources are available at this time. Initial correspondence from the MNR echoes staff concerns with the location of the clubhouse in the wetlands area. Initial reports prepared in support of the proposal indicate that ground water from the deep acquifier may be required to support the irrigation and other water needs of the golf course. This issue requires thorough examination and a satisfactory resolution. Finally, concern remains that should use of some or all of the wetland area not be feasible, few alternatives exist for relocation or expansion of the golf course into adjoining lands without an even greater environmental impact. Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 Page 9 The Director of Planning indicated support of this proposal should be conditional on the satisfactory resolution of concerns of all environmental control agencies and recommends implementation of a site plan agreement and management plan. Public's Comments Members of the public present expressed opinions and concerns related to the development of the subject lands. Suggestions for alternate recreational uses of the lands such as tennis courts, nature trails, public equestrian events, and the use of the club as public rather than private were expressed. It was recommended that the subject lands be included in the Special Study Area in order to explore alternate uses. With a total of seven golf courses in the vicinity, the viability and odds for success of an additional private course was questioned. In the event the golf course does not receive provincial and environmental approvals or is not financially viable, elaboration upon the ultimate use was requested. Many concerns regarding the availability of sufficient surface water to sustain the maintenance and irrigation requirements associated with a golf course, the disintegration of biodiversity, possible contamination of ground water with pollutants and pesticides, and the ability of this area to recharge and discharge groundwater were expressed. Suggestions included preparation of detailed hydrogeological studies and the incorporation of a reservoir to eliminate the use of ground water and impact on the aquifer. It was also suggested that approval be delayed until such time as provincial policies with respect to the moraine are received. Applicant's Response Mr. Don Given, on behalf of the proponent, advised that the subject lands are designated as Class 6 wetlands. He stated that the applicant intends to enhance the existing vegetation and utilize organic treatments while applying tight controls on the use of pesticides during maintenance of the course. In addition, arrangements regarding the redesign of some of the holes in order to relocate them from the most environmentally sensitive areas is being investigated. Under the industrial/commercial component of the development, the headquarters pond will be enlarged and it is intended that this pond could store water for irrigation purposes. Mr. Given noted that preliminary testing has been documented and submitted for review. Additional detailed analysis will be completed and all available expertise utilized in order to preserve and enhance the environmental integrity of the lands. Mr. Given noted that designation of the lands as private open space for the purpose of a golf course is a specific use. Accordingly, a future change in use would require submission of additional applications for amendment which would be subject to review and public input. The owner stated that a private prestigous golf course was intended and some memberships may be available. In addition, he stated that given his own personal estate and horse barns are located in this vicinity it stands to reason that every precaution will be taken to protect the groundwater and sensitive areas. Aurora Special Council -Public Planning Minutes No. 09-94 Monday, March 28, 1994 Page 10 The Public Meeting closed at 11 :20 p.m. and Council's deliberations began. #159. Moved by Councillor Timpson Seconded by Councillor Weller THAT Council approve, in principle, the application by Magna International Inc. and The Alpenhouse Limited for a golf course on parts of Lots 17 through 19, Concession II E.V.S., conditional upon the full support of the Ministries of Natural Resources and Environment, as well as the Lake Simcoe Region Conservation Authority and the Region of York being received prior to enactment of the Official Plan Amendment. CARRIED ADJOURNMENT #160. Moved by Councillor Weller THAT the meeting be adjourned at 11:28 p.m. CARRIED J. VVEST, ~~ L.