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MINUTES - Special Council - 20080123 TOWN OF AURORA SPECIAL COUNCIL – PUBLIC PLANNING MEETING MINUTES NO. 08-02 Council Chambers Aurora Town Hall Wednesday, January 23, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair (arrived at 7:18 p.m.); Councillors Buck (left at 11:50 p.m.), Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillor Marsh was absent. OTHER ATTENDEES Director of Planning, Acting Director of Planning, Manager of Development Planning, Administrative Co-ordinator/ Deputy Clerk and Council/Committee Secretary Deputy Mayor McRoberts called the meeting to order at 7:06 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 Granger THAT the agenda as circulated by the Corporate Services Department, with the following additions, be approved as presented:  Correspondence from Toronto and Region Conservation for The Living City Re: Lebovic Enterprises/Westhill Redevelopment Company Limited  Correspondence from Ms Elaine Pepe Re: Item 1 – PL08-002 – Westhill Redevelopment Company Limited CARRIED III PLANNING APPLICATIONS Deputy Mayor McRoberts 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. 08-02 Page 2 Wednesday, January 23, 2008 Mayor Morris arrived at 7:18 p.m. 1. PL08-002 - 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 an overview of the applications and reviewed the contents of the report, as follows: The subject applications have been appealed to the Ontario Municipal Board (OMB) and provided background in order for Council to receive comments from the public. The principle for the development of the subject lands as a residential condominium and 18 hole golf course community has been established by both the Region’s and Town’s Official Plans (OPs). 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 has undertaken an independent Environmental Assessment (EA) for the servicing of the lands and filed a notice of completion which will also be considered by the OMB. The majority of risks for any failure of services are ultimately the responsibility of the Region of York and as such the Region’s Planning and Economic Development Committee has considered a report which recommends that the applications be supported at the OMB and that the owner enter into a responsibility agreement with the Region. The Town’s assessment of the applications deal with environmental considerations related to the Oak Ridges Moraine Conformity Plan (ORMCP), compliance with the policies of the Town’s OP, the site specific criteria applying to the lands, the required OPA polices and conditions of draft approval to the subdivision and condominium plans to guide the development of the property. To ensure that the site develops in full conformity with the ORMCP and the Town’s OP policies, draft plan conditions for the proposed plan of condominium and proposed plan of subdivision will be necessary. The OMB hearing to consider the applications is currently scheduled for a three week period commencing April 7, 2008. Special Council – Public Planning Minutes No. 08-02 Page 3 Wednesday, January 23, 2008 Applicant/Agent Mr. Michael McQuaid, lawyer for the applicant, addressed Council to highlight the key events which have taken place since the previous Public Planning meeting on this matter which was on November 28, 2007. Mr. McQuaid indicated that the Ministry of the Environment (MOE) has responded to the submission of the Westhill Environmental Study Report, acknowledging that Lebovic Enterprises Limited has followed the approved environmental planning process for an integrated approach project under the Municipal Class Environmental Assessment (Class EA). Mr. McQuaid also stated that the MOE finds it a reasonable solution to develop a communal well, treatment and distribution system as the preliminary preferred alternative to the issue of developing a potable water supply system, and that the re-use of treated effluent for golf course irrigation is supported. Further, Mr. McQuaid advised that the MOE’s preferred alternative for stormwater management is the use of end-of- pipe controls to facilitate the collection of runoff for golf course irrigation. Mr. McQuaid referred to minutes from York Region’s Planning and Economic Development Committee, which indicated that these applications must conform to the prescribed provisions under the ORMCP and the Regional OP. Mr. McQuaid also advised that the minutes reflect that the Region of York has determined the proposed development will not adversely impact the Regional tax rate, and that the Region’s interests with respect to the protection of the Yonge Street acquifer have been satisfactorily addressed. Mr. McQuaid also highlighted the section in the minutes requiring the owner to enter into a Responsibility Agreement with the Region, which would include, among other requirements, the following: - Procedures for operation and maintenance of the communal systems and remedies in the event of a default; - Financial assurance provisions and guarantees that ensure no public funds will be required in the event of a malfunction, default or other unforeseen events; - Easements, rights of entry and inspection; - Monitoring systems Mr. Lloyd Cherniak of Lebovic Enterprises Limited, addressed Council to provide a list of issues that would make an east-west trail system next to the golf course problematic, as follows: - large horse riding population - All Terrain Vehicles - Walkers - Wheelchair access - Parking - Emergency vehicle access - Liability - Insurance - Security Mr. Doug Jagger from Jagger Hims Limited provided an overview of the work program that was carried out pertaining to groundwater supply, wastewater disposal and hydrogeology, as follows: - Well Drilling (3 wells) - Pumping Tests - Borehole Drilling (15 boreholes) - Groundwater and surface water monitor installation - Groundwater and surface water level monitoring - Geochemistry - Data Collation - Impact Assessment - Report Preparation - Agency Liaison Special Council – Public Planning Minutes No. 08-02 Page 4 Wednesday, January 23, 2008 Mr. Jagger provided the following conclusions from the testing that was carried out: - Adequate groundwater for residential use - No significant effects of water taking on other water uses - No interference from the closed landfill site - Improved water quality - Water balance is reasonably maintained - Sufficient soil capability for land disposal of treated waste water effluent - Hydrogeological aspects of the functions of the Oak Ridges Moraine enhanced or maintained - Compliance with Oak Ridges Moraine Conservation Act and Municipal Official Plans - Monitoring will be used for verification purposes - Remedial options are available Mr. Mike Jones addressed Council to provide a summary of the main components that comprise the water treatment system and the sewage treatment system. The routing that the water supply would take begins at the well located on the east side of the site; then it would be pumped to the treatment building; disseminated into the subdivision through distribution pipes that run along the roadways and to the clubhouse; collected by sewer pipes and, by gravity, fall to the lowest area of distribution, at which point the pump system would take the raw sewage to the sewage treatment plant and the treated effluent would be distributed to the two irrigation reservoirs; then it would be pumped onto the golf course after being mixed with surface water. Mr. Jones explained the potable water treatment system and that the fire water supply will be taken from the potable water system via a regular pressurized system with fire hydrants. Mr. Jones advised that the potable water system would include all equipment internally in the building with a buried pump chamber and backup diesel power. Mr. Jones advised that the ownership of the plant would be in the hands of Lebovic Enterprises. Irrigation reservoirs, where treated effluent would be discharged to, are large stormwater control ponds lined with geofabric membrane and the water is controlled through in and out pumping. Mr. Jones advised that setbacks for sewage treatments are typically 100 metres for odour producing structures which is for the sewage treatment plant itself, not the irrigation reservoirs because they do not produce odours. Public Comments Mr. Ron Lanthier, resident of 100 Westview Drive spoke on behalf of Mr. Jake Mol, resident of 150 Westview Drive, who could not attend the meeting. The issues raised on behalf of Mr. Mol included: - health of wells north of the proposed project, subsequently health of families, effects on the Holland River and value of properties - neglect of concern, in the expert reports, of residents and environment north of the proposed project - overkill of experts and reports - decline in clean water resources - omissions in the reports on wildlife - premature to move people into an area without water and sewage connections Special Council – Public Planning Minutes No. 08-02 Page 5 Wednesday, January 23, 2008 Mr. Ron Lanthier provided the following comments: - the proposals have been ongoing for 20 years, with none of them yet receiving approval - there are 17 golf courses within 8 km of the proposed project, five of which are within 2 km and one which is 500 yards away - the proposal is for an urban area not the current rural area - there are no sewers in place - there is no water service in place - the drill hole for testing should have been closer to the site - Westview Drive is 60 ft. below the proposed site therefore the wells will be affected Mr. Klaus Wehrenberg, resident of 16 Cedar Crescent, addressed Council in support of an east-west trail at the north edge of the proposed site. Mr. Wehrenberg described his background, which included being a director with the Bruce Trail organization, forming the Environment Committee for Bruce Trail, member of trails planning and maintenance group, being one of the founders of the Oak Ridges Trail, member of the Town of Aurora Trails Sub-committee, work with trail systems in the USA and the Caribbean, as well as walking and skiing on trails throughout the world. Mr. Wehrenberg advised that it is not uncommon in Europe to have trails routed along golf courses and that this is the case in Uxbridge and Hockley Valley. The Official Plan for Aurora did allow a general corridor across the conceptual plan of the golf course and that, due to the high elevation of the property, it has quite scenic views. Mr. Wehrenberg indicated that, although the Region does not get involved in the issue of trails, it is possible that this could change in the future. Mr. Wehrenberg indicated that the Oak Ridges Trail Association would like to maintain the routing through Aurora. Mr. Wehrenberg addressed the following issues as well: - golf balls and the fact that the golf course could be designed in a manner to direct balls away from the trail - security is being used as an excuse - insurance costs depend on the design of the golf course and negotiations - horses are no longer a major use in this area - underpasses should be used under Leslie Street – one for golf course and one for trail - sustainability of transportation – must provide infrastructure ahead of time - trail systems will support active transportation in the future - many real estate agencies promote trails to attract buyers - include in the conditions that a trail system and underpass should be included in the draft plan Ms Susan Jones, resident of 14083 Leslie Street and member of the Howden family, addressed Council to advise that she lives north of the proposed development and inquired as to how the results of testing on the neighbouring wells were achieved. Ms Jones advised that she believes there was not any testing done on the Howden or Daley wells, although a questionnaire was completed. Mr. Jagger, in response to Ms Jones’ comments, replied that testing was indeed completed on the Howden well and that he would provide details of the testing. Mr. Joshua Garfinkel, campaigner for Earth Roots, which is a non-profit Ontario- based environmental organization working to protect wilderness, wildlife and watersheds, addressed Council to request that the applications not be approved. Mr. Garfinkel requested that Council consider the Oak Ridges Moraine Conservation Act and Greenbelt legislation when considering the applications, and that ecology and hydrology should be of major concern. Special Council – Public Planning Minutes No. 08-02 Page 6 Wednesday, January 23, 2008 Mr. Rodney Northey addressed Council on three major issues: 1. Does the development protect all sensitive features? - varied topography within very limited distances - water flows from high to low, therefore in every direction with existing topography - the physical facilities of the proposed development are situated within the existing water flows - anything that goes on within the 120 metre buffer zone might have an impact on a sensitive ecological feature - water flows into sensitive features must be maintained or the features will diminish - ecological and hydrological issues must be considered together Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT the meeting be extended to 11:00 p.m. CARRIED 2. Does the development protect water resources? - there is no groundwater balance unless all water entering the ground at the surface will infiltrate to depth - the site needs to rely on off-site water infiltration to achieve a groundwater balance - multiple existing golf courses require infiltration off of their own sites which are in a 5 km. zone of the Thorncliffe acquifer - no balance at the site for the proposed water taking: 50% more land needed - no balance at the Town for permitted water takings - water flows changing at landfill site 3. Does the development design comply with the Municipal Class EA? - must first determine need for development - must assess alternative solutions and designs - must assess alternatives in an integrated fashion Mr. Hugh Wilkins, lawyer for Ecojustice Canada, addressed Council to express the need to undertake a holistic examination of the cumulative impacts that the proposed development will have on the integrity of the area’s ecosystem and the integrity of its water supply. Mr. Wilkins suggested that the studies which have been undertaken have not been completed adequately and that the proposed development would put further strain on an already over-subscribed water supply in Aurora. Mr. Wilkins indicated that the ecological and hydrological integrity of the area should be a primary consideration when deciding on these applications. Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the meeting be extended past 11:00 p.m. CARRIED The public portion of the meeting closed at 11:00 p.m. and Council’s deliberations began. Special Council – Public Planning Minutes No. 08-02 Page 7 Wednesday, January 23, 2008 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council not approve the application, as it is premature; and THAT the application be brought back to a future Council meeting; and THAT a detailed water balance analysis be required; and THAT a hydrogeological study be requested to address the potential impact of the existing closed landfill; and THAT the following items in report PL08-002 be addressed: 3. That a Phase 1 Environmental Site Assessment be completed on this property prior to development. 4. That as a condition of approval, the approved environmental monitoring program should be incorporated into the operations of the sewage treatment system. 5. That random sampling and analysis for major pesticides and herbicides be included in the monitoring program at selected groundwater and surface water locations once every three to five years. The monitoring program should become conditions in the Certificate of Approval for Permit-to-Take-Water, water supply system and the for the sewage treatment system issued by the Ontario Ministry of the Environment. 6. Spray irrigation operations should be incorporated as a condition of approval for the development and should also be a condition of the Certificate of Approval for the operation of the sewage treatment system. 7. A discussion of the required/recommended setbacks from a) the sewage treatment facilities, b) treated sewage effluent storage reservoirs, and c) spray irrigation areas, to the existing and proposed land uses and structures is required. The appropriate set backs should be illustrated on a plan showing the proposed facilities and the existing and proposed land uses and structures. This should include both on-site an immediately adjacent areas that may be affected. Setbacks should be determined in consultation with and approved by the Ontario Ministry of the Environment; and THAT the many concerns raised in Mr. Northey’s presentation, including but not limited to: protection of the natural heritage features, encroachment onto the features in the buffer area, ecological and hydrogeological impacts, and water balance concerns, be addressed; and THAT Mr. Northey be requested to provide his concerns, any questions he may have and any documentation he would like, in writing, as soon as convenient; and THAT the concerns raised in the Toronto Region Conservation Authority letter, dated January 17, 2008, be addressed; and THAT the Ministry of the Environment and the Region of York provide full financial guarantees that, should the infrastructure of this development fail or have a negative impact on the Yonge Street acquifer, the Oak Ridges acquifer, or the area residents, they will financially provide alternative water supply to all the residents in the area; and Special Council – Public Planning Minutes No. 08-02 Page 8 Wednesday, January 23, 2008 THAT staff make clear that this application is in conformity to the Oak Ridges Moraine Plan; and THAT the issue regarding trails be reviewed, should this application proceed; and THAT the specific concerns raised by the residents from the adjacent properties regarding testing of their wells be addressed; and THAT all the issues raised by residents, Members of Council and staff in the staff reports, be addressed; and THAT staff ensure the Official Plan Amendment site specific requirements, as approved through OPA 17, are properly addressed; and THAT, once Mr. Beaman receives the motion that will be provided to the Ontario Municipal Board by Mr. Northey, Members of Council meet in Closed Session to receive legal advice on the matter. CARRIED Councillor Buck left the meeting at 11:55 p.m. Mr. Beaman, Counsel for the Town of Aurora, advised Council that Mr. Northey will be bringing a motion on February 14, 2008 to move this matter to a Joint Board under the Consolidated Hearing Act, which would put in place the Certificates of Approval. The Joint Board is a combination of the OMB planning side and the Appeal Board environmental side. IV READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4992-08.C BEING A BY-LAW to Confirm Actions by Council Resulting From Meeting 08-02 on Wednesday, January 23, 2008. CARRIED V ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 12:13 a.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR KAREN EWART, DEPUTY CLERK