MINUTES - Special Council - 20071128
TOWN OF AURORA
SPECIAL COUNCIL – PUBLIC PLANNING MEETING
MINUTES
NO. 07-31
Council Chambers
Aurora Town Hall
Wednesday, November 28, 2007
ATTENDANCE
COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins-
Mrakas, Gaertner, Granger, MacEachern, McRoberts
and Wilson (arrived at 8:22 p.m.)
MEMBERS ABSENT Councillor Marsh was absent.
OTHER ATTENDEES Director of Planning, Manager of Development
Planning, Acting Planner, Administrative Co-ordinator/
Deputy Clerk and Council/Committee Secretary
The Mayor called the meeting to order at 7:03 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
Moved by Councillor Buck Seconded by Councillor Collins-Mrakas
THAT the agenda as circulated by the Corporate Services Department,
with the following addition, be approved:
Correspondence from ecojustice
Re: Proposed Westhill Development
CARRIED
III PLANNING APPLICATIONS
Mayor Morris 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.
Special Council – Public Planning Minutes No. 07-31 Page 2
Wednesday, November 28, 2007
1. PL07-145 – Zoning By-law Amendment Application
66 Wellington Street East Inc.
69 Wellington Street East
Lot 7, Registered Plan 68
File D14-11-07
Planning Staff
The Planner provided a description of the application and reviewed the contents
of the report, outlining the location of the property and current uses of the subject
and surrounding lands. The Planner indicated that the purpose of the application
is to rezone the subject lands to a site specific R5-X Exception Zone to permit the
following:
Include a business and professional office, excluding medical as an additional
permitted use on the subject lands;
An exception to Section 6.26 of the Zoning By-law to reduce the required
manoeuvring space standard from 7.4 metres (24.28 ft) to 7.0 metres (22.97
ft); and
An exception to Section 6.31 of the Zoning By-law to reduce the minimum
interior side yard buffer strip requirement from 1.5 metres (5.0 ft) to 0.0
metres along the western property limit from the front lot line running south for
a distance of 21.74 metres (71.33 ft) and to allow the existing porch to
encroach into the interior side yard buffer strip on the eastern property line.
Applicant/Agent
Mr. Gary Templeton, Planning Consultant, addressed Council on the application,
suggesting that heritage properties would be better maintained through
commercial use rather than residential. As well, Mr. Templeton advised that the
depth of the property would allow for additional parking, ensuring that parking
would not be an issue and that the fencing and planting would be seen as a
positive by the neighbours.
Public Comments
Mr. Klaus Wehrenberg, 16 Cedar Crescent, addressed Council to raise issues
pertaining to the loss of tree cover and plants along Wellington Street due to the
increase in parking lots. Mr. Wehrenberg praised the use of permeable surfaces
for parking lots and suggested that this should be considered for other projects
within the town as well. Mr. Wehrenberg inquired as to whether signage could be
placed elsewhere besides being affixed to the building, in order to keep the
historical feel of the house created by the restoration. Mr. Wehrenberg
requested that Council consider the overall appearance of Wellington Street,
rather than individual applications.
The public portion of the meeting closed at 7:36 p.m. and Council’s deliberations
began.
Moved by Councillor Buck Seconded by Councillor McRoberts
THAT the by-law amendment application be approved, in principle, subject
to the resolution of outstanding issues and public comments received,
such as: obtaining input from the Community Planner regarding heritage
features and signage; and review by the landscape architect of any
potential impact on the landscape features of adjacent properties.
CARRIED
Special Council – Public Planning Minutes No. 07-31 Page 3
Wednesday, November 28, 2007
2. PL07-136 – Official Plan Amendment, Zoning By-law Amendment and
Proposed Plan of Condominium Applications
Westhill Redevelopment Company Limited
Part Lot 12 Conc. EYS and Part Lots 11 and 12 Conc. 3 EYS
Files D09-04-00 D14-12-00 and D07-03-00A
OMB Case File: PL030997
OMB File No.: O030373, Z030149 and S030085
Planning Staff
The Manager of Development Planning provided a description of the application
and reviewed the contents of the report, outlining the location of the property and
current uses of the subject and surrounding lands. The Manager of Development
Planning then provided the following overview:
The subject Official Plan, Zoning, Draft Plan of Condominium applications have
been under review for a number of years, including revised applications which
were deemed by the Town to be complete in 2000 and have been appealed to
the Ontario Municipal Board (OMB). Previous to that in December 1992 the
owner also appealed a Draft Plan of Subdivision application to the OMB. The
applicant has recently submitted a revised Draft Plan to the Region of York and
has requested that the OMB also consider that appeal. The principle for the
development of the subject lands as a maximum 75 unit residential condominium
and 18 hole golf course community has been established through the previous
review and amendments to both the Region’s and Town’s Official Plans.
The lands are within the Oak Ridges Moraine (ORM) and as such are subject to
the prescribed provisions of that Plan due to the transitional status of the
applications.
The site will be developed on private services including communal well water
distribution and on-site waste water treatment facility. The owner has submitted
a detailed Master Environmental Servicing Plan (MESP) to support the
application and has responded to department and agency comments as provided
to date. The owner is conducting an independent Environmental Assessment
(EA) for the servicing of the lands, which has also been appealed to the OMB.
The ultimate responsibility and the majority of risks for any failure of services lies
with the Region of York and as such the Region is currently reviewing the matter
of a detailed Responsibility Agreement between the Owner and the Region.
The Town’s assessment of the applications deal with environmental
considerations related to the Oak Ridges Moraine Conformity Plan (ORMCP),
with the polices of the Town’s OP as set out in the staff report that include
meeting a series of requirements, including providing OP polices to guide the
development of the property. To ensure conformity with the ORMCP, the Town’s
Official Plan (OP) including OPA # 48, detailed Official Plan Policy, By-law
standards and conditions of draft plan of condominium & subdivision are required
and will be prepared.
The OMB hearing to consider the application is currently scheduled for a three
week hearing commencing April 7, 2008.
A subsequent report will be prepared for Council consideration and direction on
these applications. Counsel for the Town will be addressing Council prior to the
OMB Hearing date.
Councillor Wilson arrived at 8:22 p.m.
Special Council – Public Planning Minutes No. 07-31 Page 4
Wednesday, November 28, 2007
Applicant/Agent
Mr. Mike McQuaid, Solicitor for Westhill Redevelopment Company Limited,
addressed Council to provide a brief overview of the application and to introduce
the various experts on the team:
Mr. Derek Coleman - Environmental Consultant
Mr. Doug Jagger – Hydrogeology and Geology
Mr. Doug Carrick – Golf Course Designer
Mr. Ken Chow – Sernas Group – Stormwater Management
Mr. Glen Easton – Sernas Group, Planner
Mr. Mike Jones – Azimuth Environmental Consultants – Sanitary Servicing
Communal Systems
Mr. Ray – Sernas Group - Road Improvements
Mr. Reg Webster – Sernas Group – oversees all consultants
Mr. Lloyd Cherniak – Executive Vice President – Lebovic Enterprises
Mr. Derek Coleman addressed Council to review the site, indicating that it is
agricultural in nature with significant wetlands, valley and forest areas. Mr.
Coleman advised that the natural features have been protected and buffers have
been allocated, adhering to the ORMCP. Mr. Coleman advised that the peer
review consultant has raised some issues which will be addressed in order to
have them resolved to move the plan forward.
Mr. Doug Jagger addressed Council to review the hydrogeology and geology of
the site, indicating that there is sufficient quantity and quality of water for the
development. Mr. Jagger confirmed that the taking of water for the site will not
interfere with any other groundwater or surface water resources in the area. Mr.
Jagger advised that a hydrogeology study was undertaken in order to review
concerns by the Toronto Region Conservation Authority (TRCA), including
concerns relating to the effect of development on recharge in the ORM, water
quality aspects, and compliance with some functions of the ORM. Mr. Jagger
advised that, if the development proceeds as proposed, it will not have a
negative impact on water resources from a quantity or quality perspective and
that the functions of the ORM will be enhanced or maintained.
Mr. Lloyd Cherniak addressed Council to advise that a high quality project is
being proposed for a clustered, detached condominium residence and a golf
course. Mr. Cherniak advised that a determination must still be made as to who
would have ownership of the wooded land and that Lebovic Enterprises has
agreed to join the Autobahn Golf Course Society.
Public Comments
Mr. Jakob Mol, 150 Westview Drive, addressed Council to state that a proposal
for 96 homes on the property in question was submitted in 1985 and Council, at
that time, decided it was premature due to lack of sewers and water. Further to
this, Mr. Mol advised that the water in his well has dropped 68 feet over the past
20 years. Mr. Mol also suggested that another golf course is not necessary, as
there are three golf courses within ¼ mile of the site. Further, Mr. Mol suggested
that transportation should be available on Leslie Street for this high density
development.
Mr. Rodney Northey, Birchall Northey LLP, made a presentation to Council on
behalf of four property owners in the vicinity of the proposed development. Mr.
Northey raised questions pertaining to but not limited to the following:
the protection of sensitive features
the protection of water resources
water balance
infiltration
evapotranspiration
Special Council – Public Planning Minutes No. 07-31 Page 5
Wednesday, November 28, 2007
golf course irrigation from waste water effluent and storm water
cumulative effects of water takings and water quality
Mr. Klaus Wehrenberg inquired as to how appeals could have already been
made to the OMB when Council has not yet made a decision on the matter, to
which the Director of Planning responded that the applicant made the application
in 2000, with no decision made by Council and then an appeal was made in
2003, which the applicant has the right to do. Mr. Wehrenberg made inquiries
about the natural linkage areas and also re-stated his support of the use of
permeable paving.
Mr. Gordon Barnes, 11 Catherine Avenue, suggested that the development does
not fit the definition of a “compact community”, and there is only one exit.
The applicant’s consultants responded to questions posed by the public and
Members of Council.
Moved by Councillor McRoberts Seconded by Councillor MacEachern
THAT the meeting be extended to 11:00 p.m.
CARRIED
The public portion of the meeting closed at 11:01 p.m. and Council’s
deliberations began.
Moved by Councillor McRoberts Seconded by Councillor Wilson
THAT the meeting be extended to 11:05 p.m.
CARRIED
Moved by Councillor Buck Seconded by Councillor Gaertner
THAT Council receive staff report PL07-136 related to Official Plan and
Zoning By-law Amendment Applications and Proposed Plan of
Condominium Application on lands owned by Westhill Redevelopment
Company Limited, Files: D09-04-00, D14-12-00 and D07-03-00A; and
THAT public comments be received as input for future Council
consideration on the applications; and
THAT staff report back to Council for direction on the applications prior to
the April 7, 2008 Ontario Municipal Board Hearing.
AMENDMENT: Upon the question of the adoption of the resolution, it was:
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT staff engage the applicant and the solicitor representing several
residents in discussions to address the issues raised by the residents’
representative.
CARRIED
The main motion was CARRIED AS AMENDED.
Special Council – Public Planning Minutes No. 07-31 Page 6
Wednesday, November 28, 2007
IV READING OF BY-LAWS
Moved by Councillor Wilson Seconded by Councillor Buck
THAT the following listed by-law be given 1st, 2nd and 3rd readings, and
enacted:
4979-07.C BEING A BY-LAW to Confirm Actions
by Council Resulting From Meeting
07-31 on Wednesday, November 28,
2007.
CARRIED
V ADJOURNMENT
Moved by Councillor
THAT the meeting be adjourned at 11:05 p.m.
CARRIED
_______________________________ ________________________________
PHYLLIS M. MORRIS, MAYOR KAREN EWART, DEPUTY CLERK