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MINUTES - Special Council - 20051026` TOWN OF AURORA SPECIAL COUNCIL – PUBLIC PLANNING MEETING MINUTES NO. 05-35 Council Chambers Aurora Town Hall Wednesday, October 26, 2005 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Morris, Vrancic and Wallace. MEMBERS ABSENT Councillor West absent. OTHER ATTENDEES Chief Administrative Officer, Director of Planning, Manager of Policy Planning, Planner, Administrative Co-ordinator/Deputy Clerk The Mayor called the meeting to order at 7:00 p.m. Mayor Jones outlined the procedures that would be followed in the conduct of the public meeting. The Deputy Clerk confirmed that appropriate notice had been given and that signs had been posted on the subject properties in accordance with the relevant provisions of the Planning Act. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor Morris Seconded by Councillor Wallace THAT the content of the Agenda as circulated by the Corporate Services Department with the following additional items, be approved;  Addition of Correspondence from Ms Helen Lepek of Lepek Consulting Inc. Re: Item 2 – PL05-100 – Servicing Allocation – Policy and Controlling By-law  Correspondence from Mr. Claudio Brutto – Brutto Consulting Re: Item 2 – PL05-100 – Servicing Allocation – Policy and Controlling By-law  Correspondence from Mr. Gerard Gervais – Ballymore Homes Re: Item 2 – PL05-100 – Servicing Allocation – Policy and Controlling By-law CARRIED Special Council – Public Planning Minutes No. 05-35 Page 2 Wednesday, October 26, 2005 III PLANNING APPLICATIONS 1. PL05-092 – Official Plan Amendment, Zoning By-law Proposed Plan of Subdivision and Rezoning Applications Mattamy (Aurora) Limited (formerly Quaker Lundy Farms) Part of Lot 25, Concession 2 EYS Files D12-00-8A and D14-23-00 Planning Staff The Planner provided Council with an overview of the subject application and advised that the application was first presented at the February 28, 2001 Public Planning meeting and the applicant has since been working with staff to address the issues raised at that meeting. The Planner advised that the revised applications conform to the provisions of the Official Plan and that the Official Plan application file (D09-11-03) has been closed. The Planner explained that the proposal includes 56 single dwellings units and 17 townhouses and 2 blocks to be developed in the future and further advised that staff are working with the applicant and the land owner to the east to address the matter of aligning Street A, as outlined in report PL05-092, with Mavrinac Boulevard to the south of the subject lands. The Planner advised Council that servicing allocation has not be assigned to this proposed development, however allocation is available. Applicant/Agent Mr. Richard Harrison, of Malone Given Parsons, agent for the Applicant, advised Council that his client supports the staff report. Mr. Harrison reviewed the improvements to the area which are currently being undertaken, such as the extension of the East Holland Trunk Sewer and watermain which will facilitate the servicing into the 2B lands. Mr Harrison also advised that a proposed stormwater management pond will be constructed on the north side of St. John’s Sideroad to be utilized by the subject property and the surrounding developments. Mr. Harrison added that an agreement has been reached between Enbridge Gas and Mattamy (Aurora) Limited and Claretree Developments Inc. providing that Mattamy (Aurora) Limited and Claretree Developments Inc., will front-end the construction of the noise attenuation for the Enbridge station. Mr. Harrison confirmed that his client was negotiating with the owner of the land to the east of the subject property, regarding the alignment of Street A, as outlined in report PL05-092, with Mavrinac Boulevard, as it is proposed to intersect a portion of the easterly lands. Mr. Harrison concluded by advising that the proposed configuration of the roadway will lessen the impact to the adjacent property owners. Public Comments Mr. Glyn Jones, 929 St. John’s Sideroad East Mr. Jones advised Council that he was optimistic that an agreement could be reached between himself and Mattamy (Aurora) Limited with respect to Street A, and requested that Town staff assist by expediting the process of conveying the land to the Town once the need arises. Special Council – Public Planning Minutes No. 05-35 Page 3 Wednesday, October 26, 2005 Mr. John Mascarin, of Aird & Berlis - Solicitor for Enbridge Gas Mr. Mascarin advised Council that his client, Enbridge Gas has no objections to the subject application. Mr. Mascarin confirmed that an arrangement has been reached between Enbridge Gas, Mattamy (Aurora) Limited and Claretree Developments Inc., to resolve the issue of noise from the gas pressure reduction station on St. John’s Sideroad. Mr. Mascarin informed Council that there are no concerns with respect to groundwater contamination or safety. Mr. Mascarin advised that a detailed study was submitted to Planning staff on October 26, 2005. Mr. Mascarin requested that two conditions of draft plan approval be imposed; the first being an agreement between the applicant and Enbridge Gas to facilitate the design and construction of the enclosure for the gas pressure reduction station; and the second would be to ensure that appropriate noise warning clauses be included in the subdivision agreement and be registered on title. The public portion of the meeting closed at 7:28 p.m. and Council’s deliberations began. Moved by Councillor Vrancic Seconded by Councillor Morris THAT report PL05-092 be received as information; and THAT, subject to the resolution of all of the outstanding issues and concerns, including those raised by the public and Council, subject to the resolution of the servicing allocation issues identified in the report, staff be directed to prepare the conditions of draft approval and zoning by-law amendment for consideration by Council; and THAT the draft conditions of approval include an agreement between the applicant and Enbridge to facilitate the design and construction of the enclosure for the gas pressure reduction station and appropriate noise warning clauses be included in the subdivision agreement and be registered on title. CARRIED 2. PL05-101 - Servicing Allocation – Policy and Controlling By-law and Added Items : Correspondence from Lepek Consulting Inc. Correspondence from Brutto Consulting Correspondence from Ballymore Homes Planning Staff The Director of Planning provided an overview of the proposed Servicing Allocation Policy and Controlling By-law. The Director advised that this matter is being perused in accordance with Section 34 (5) of the Planning Act R.S.O. 1990, c.P.13, as amended and the requirements of servicing allocation by the Regional Municipality of York. The Director advised that the proposed by-law includes current policies of the municipality, including the reserve of 200 units for the Historic Core infill projects, and provides a restriction that no building permits may be issued unless servicing allocation has been granted to the building applicant. The Director further advised that these limitations will be placed on residential developments only. The Director reviewed the status of developments with respect to the servicing allocation at the present time. Special Council – Public Planning Minutes No. 05-35 Page 4 Wednesday, October 26, 2005 Public Comments The following representatives from the land development industry addressed Council regarding the proposed Servicing Allocation Policy and Controlling By- law: Ms Helen Lepek, Lepek Consulting Inc. Mr. Richard Harrison, Malone Given Parsons Mr. David Stewart, Bayview Wellington Management Inc. Mr. Neil Prashad, Origin Retirement Communities Mr. Gerry Lynch, Cole Engineering Group Mr. Gerard Gervais, Ballymore Homes Ms Donna Lue, Brookvalley Developments (Aurora) Ltd. The comments of the delegates included but were not limited to the following: – General support of the proposed Servicing Allocation Policy and Controlling By-law; – Request that developments willing to front-end the installation of servicing infrastructure be given priority status; – Suggestion that developments nearing the completion of phased in projects be granted priority status; – Council consideration of more phased in developments, in order to address some of the needs of more developments; – Full endorsement of the “use it or lose it” strategy of the policy. Additionally, a written submission was received from Mr. Claudio Brutto of Brutto Consulting, however Mr. Brutto did not address Council at the meeting. The public portion of the meeting closed at 9:10 p.m. and Council’s deliberations began. Moved by Councillor Vrancic Seconded by Councillor Kean THAT 61 units be allocated to the Aurora Heights Development Inc. (15450 Yonge Street) and staff report back to Council regarding the requested additional three units for servicing allocation from the Historic Core servicing reserve. DEFEATED Moved by Councillor Vrancic Seconded by Councillor Kean THAT Attachment #1, entitled Draft Policy for the Allocation of Servicing Capacity, be amended to reflect input from members of the Public and Council. CARRIED Moved by Councillor Vrancic Seconded by Councillor Kean THAT staff be directed to prepare a matrix describing the various applications relative to the policy for allocation in its approved form, which would assist Council in coming to conclusions on the various applications. CARRIED Special Council – Public Planning Minutes No. 05-35 Page 5 Wednesday, October 26, 2005 Moved by Councillor Hogg Seconded by Councillor Gaertner THAT staff prepare the necessary enacting Servicing Allocation Policy and Controlling By-law. CARRIED Moved by Councillor Morris Seconded by Councillor Hogg THAT Council reconsider the matter of the servicing allocation of 61 units from the Historic Core reserve at the next regular meeting of Council. CARRIED IV READING OF BY-LAWS Moved by Councillor Kean Seconded by Councillor Wallace THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4714-05.C BEING A BY-LAW to Confirm Actions by Council Resulting From This Meeting 05-35 - Wednesday, October 26, 2005. CARRIED V ADJOURNMENT Moved by Councillor Buck THAT the meeting be adjourned at 10:00 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR K. EWART, DEPUTY CLERK