Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
AGENDA - Special Council - 20080123
SPECIAL COUNCIL PUBLIC PLANNING AGENDA NO.08-02 WEDNESDAY, JANUARY 23, 2008 7:00 P.M. COUNCIL CNAMOERS AURORA TOWN NALL PUBLIC RELEASE 18/01 /08 IV TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING AGENDA NO. 08-02 Wednesday, January 23, 2008 7:00 p.m. Council Chambers DECLARATIONS OF INTEREST APPROVAL OF AGENDA RECOMMENDED: THAT the agenda be approved as presented. PLANNING APPLICATIONS READING OF BYLAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4992-08.0 BEING A BY-LAW to Confirm pg.161 Actions by Council Resulting From Meeting 08-02 on Wednesday, January 23, 2008. V ADJOURNMENT Special Council — Public Planning Agenda No. 08-02 Page 2 Wednesday, January 23, 2008 AGENDA ITEMS 1. PL08-002 - Official Plan Amendment, Zoning By-law Amendment pg. 1 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-OOA OMB Case File: PL030997 OMB File No.: 0030373, Z030149 and S030085 Figure 1 - Location Plan pg. 17 Appendix 1 - Staff Report PL07-136, November 28, 2007 PPM pg. 19 Appendix 2 - November 28, 2007 Public Meeting minutes pg. 65 Appendix 3 - Matters to be covered by subdivision and condominium pg. 69 conditions of approval Appendix 4 - Region of York Planning and Economic Development pg. 71 Committee, January 16, 2008 staff report Appendix 5 - Ministry of the Environment letter January 10, 2008 pg. 79 Appendix 6 - Public comments received following the November 28, pg. 85 2007 PM Appendix 7 - Rod Northey January 15, 2008 letter to the OMB related pg. 119 to the Environmental Study Report Appendix 8 - Mike McQuaid (Weir Foulds LLP) response to November pg. 121 28, 2007 Public Meeting comments RECOMMENDED: THAT Council determine its position 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-OOA, subject to public comments received; and THAT prior to the April 7, 2008 Ontario Municipal Board Hearing staff report back to.Council. Public Planning - January 23, 2008 E IT � 1. r TOWN OF AURORA AURORA PUBLIC PLANNING MEETING REPORT No. PL08-002 SUBJECT: Official Plan Amendment, Zoning By-law Amendment Plan of Condominium Applications Westhill Redevelopment. Company Limited Part Lot 12 Conc. EYS and Part Lots 11 and 12 Conc. 3, Files: D09-04-00, D14-12-00 and D07-03-OOA OMB Case File: PLO30997 OMB File No.: 0030373, Z030149 and S030085 FROM: Sue Seibert, Director of Planning and Development Services DATE: January 23, 2008 RECOMMENDATION and Proposed EYS That Council determine its position 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-OOA, subject to public comments received. That prior to the April 7, 2008 Ontario Municipal Board Hearing staff report back to Council. BACKGROUND Location/Land Use: The subject lands front on both the east and west sides of Leslie Street approximately 450 metres (1500 feet) north of Bloomington Road, with a portion of the property also fronting onto the north side of Bloomington Road (Figure 1). The lands are described as Part Lot 12, Concession 2 and Part Lots 11 and 12, Concession 3. The lands are more specifically described as being Part 1, Plan 65R-15508, Part 2, Plan 65R-11866 and Parts 1 and 2, Plan 65R-9264. The lands are characterized as gently rolling, farm fields with wooded and wetland areas. The site includes two occupied residential dwellings on the west side of Leslie Street and an abandoned farmhouse, and outbuildings on the east side of Leslie Street. The total site area is 84.98 hectares (210 acres). Surrounding Uses: North: Rural and rural residential South: Estate residential (Bovair Trail) Public Planning - January 23, 2008 January 18 2008 - 2 - Report No. PL08-002 East: Vacant rural/wooded lands West: Rural lands and estate residential (Offord Crescent) PROPOSAL The owner has submitted applications to: Amend the Town's Official Plan to redesignate the land use designations of the subject lands from "Oak Ridges Moraine Natural Linkage Area" and "Oak Ridges Moraine Countryside Area to site specific "Oak Ridges Moraine Natural Linkage" and site specific "Oak Ridges Moraine Countryside" designations to allow the development of an 18 hole golf course and a 75 unit residential condominium community. It should be noted that the owner's Official Plan Amendment application deemed complete in June 2000 proposed to redesignate the subject lands to "Estate Residential Area" and "Private Open Space Area'; but it will be necessary to designate the lands to the categories as noted above to conform to the Oak Ridges Moraine Conservation Act. Amend Zoning Bylaw 2213-78 by rezoning the subject lands from "Rural- ORM" to site -specific "Estate Residential (ER- ORM) Exception Zone", "Major Open Space (0- ORM). Exception Zone" and "Environmental Protection (EP- ORM) Exception Zone". o Grant Draft Plan Approval of a 75 unit vacant land condominium development. Request the Region of York to grant Draft Plan Approval of a revised proposed Plan of Subdivision to create five (5) blocks within the overall property. All of the above noted applications have been appealed to the O.M.B. and a three (3) week hearing is scheduled commencing April 7, 2008. The approval of the planning documents would allow for the development of the lands for 75 detached residential condominium units having lot widths of minimum 15m (50 ft.) fronting on a private road. (Total population projection of 248 persons) Also proposed is an 18 hole golf course along with associated club house and maintenance buildings. The residential condominium will be located entirely on the east side of Leslie Street. The 1.8 hole golf course would have 11 holes on the east side of Leslie Street and the remaining 7 holes on the west side of Leslie Street connected by a grade separated underpass under Leslie Street that would require the approval of the Region. Water and wastewater services for the entire site including both the condominium and golf course are to be provided by on -site ground water wells and a private sewage collection system and communal sewage treatment plant. A Sequencing Batch Reactor type sewage treatment system is proposed to be used to treat waste from the -2- Public Planning - January 23, 2008 January 18, 2008 - 3 - Report No. PL08-002 residential uses, golf course club house and maintenance buildings. The treated . effluent will be discharged into two lined reservoirs to be located on the golf course lands. The treated plant effluent in combination with the stormwater runoff will be used for irrigation of the golf course. The use of well water will not be allowed for golf course irrigation. The roadways, water distribution, sewage. waste distribution, solid waste, and storm sewers are internal to the condominium and are to be owned and maintained by the condominium corporation. The communal water and wastewater treatment facilities, wells, effluent discharge system and storm water management facilities are intended to be maintained and operated and remain within the ownership of Westhill (Lebovic). Agreements between the Condominium Corporation and Lebovic are anticipated to ensure that the servicing infrastructure for both the golf course and condominium are integrated. Application Background: The history of the development application on the subject lands dates back to 1989 at which time the owner originally submitted plans for an Official Plan Amendment (OPA), Zoning Bylaw Amendment (ZBA) and an estate residential plan of subdivision on the east portion of the subject lands. That application was referred to the 1991 Official Plan Review, which then became the subject of a Town wide study initiated by the owner that reviewed the demand for the proposed housing, which was subsequently referred to the Ontario Municipal Board and finally deferred pending the completion of the Growth Management Study (GMS) by the Town. That application was appealed to the OMB in 1992. As part of the completion of the GMS i€ was determined that privately serviced estate residential developments would not be supported in this area, however limited cluster type developments may be considered acceptable on communal services subject to site specific Official Plan Amendments and justification studies. The 1989 applications did not conform to this site specific development policy. The applicants submitted revised planning applications to the Town deemed to be complete in June of 2000. A public Planning meeting was held on January 31, 2001. In 2001 the Province of Ontario enacted the Oak Ridges Moraine Protection Act. This legislation had the effect of 'freezing' development, and in December of 2001, the Province gave Royal Assent to the Oak Ridges Moraine Conservation Plan (Bill 122). That Plan was made retroactive to November 16, 2001. The subject applications were submitted/commenced but not decided upon prior to November 17, 2001 and therefore the applications are required to conform to only the "prescribed provisions" of the Oak Ridges Moraine Conservation Plan. The prescribed provisions require the applications to address only portions of the Oak Ridges Moraine Conservation Plan due to their transitional status. Generally these provisions require protection of any natural features, ground and surface water and stormwater runoff (Section 3.13.2 c). The Oak Ridges Moraine Conservation Plan was implemented by OPA 48 and is in effect. ME Public Planning - January 23, 2008 January 1$ 2008 - 4 - Report No. PL08-002 The planning applications were considered at a Public Meeting of Council in January 2001, at which time Council passed the following resolution: "in view of the outstanding issues pertaining to the peer review of the Environmental Impact Study, the comments of the Toronto Region Conservation Authority and review of the proposal in accordance with the Implementation Guidelines for development on the Oak Ridges Moraine, it is suggested that the applications be received for information at this time. Prior to the applications proceeding, staff recommend that the outstanding issues be addressed at which time staff will report back to a Public Planning Meeting taking into account issues raised by the public and through the internal and external agency circulation of the applications." It should be noted that even though there were some delays due to the Oak Ridges Moraine legislative freeze the application was inactive for a significant period of time 'while the applicant was working with its consultants. In addition the applicant has been working with the Toronto Region Conservation Authority (TRCA) related to the TRCA comments . and input to resolve environmental issues related to the proposed development of lands within the Oak Ridges Moraine. The applicant has submitted a revised development plan with updated support information in the form of an updated Master Environmental Servicing Plan (MESP) Sernas Associates September 2005, as revised August 2006. In December 2006 the updated application package was circulated to internal departments and outside agencies for review and comment. It should also be noted that the owner has also undertaken a Class Environmental Assessment (Class EA) under the Environmental Assessment Act related to servicing infrastructure for the subject development and filed a notice of study completion. Two (2) Public Information Centres for the Class EA were held at the Aurora Library on March 20, 2007 and May 7, 2007. The owner has requested that an "integrated approach" to consider both the Class EA and the Planning Act applications be heard by the OMB. An Executive Summary of the applicant's Municipal Class Environmental Assessment is attached as Appendix 2 to this report. The current Official Plan policies which apply to the subject lands are site specific and include special policies to. provide protection and buffers/setbacks for the Key Natural Heritage Features and environmentally significant areas. Pursuant to the current provisions of the Town and Region's Official Plans the development must also occur on a privately owned and operated communal wastewater treatment system and water supply system. On January 16, 2007 Council considered staff report PL07-005, related to an OMB ='e Public Planning - January 23, 2008 January 18 2008 - 5 - Report No. PL08-002 Prehearing on the appeals. Staff noted that should a full become necessary, given the complexity of the issues prepare it may not be possible to significantly scope decision on the matter. The Hearing will. likely focus on to the hearing's potential length, complexity and. scope would be beneficial to retain outside Counsel and pee directed staff to retain outside legal Counsel. Roger Be been retained as legal counsel to represent the Town. I and Norbert W. Woerns, Hydrogeologist were retained Master Environmental Servicing Plan (MESP). Hearing on these applications and the considerable time to the issues without a Council environmental issues and due of an "integrated approach" it review consultants. Council aman of Thomson Rogers has forth South Environmental Inc. to peer review the applicant's The Prehearing Conference of the Ontario Municipal Board (OMB) was held on February 8, 2007 and Notice was given to residents within 120 metres as required and to interested parties. A, number of residents and/or their representative appeared at the Prehearing, some of which requested. party status' at the Hearing. As a result of that conference the OMB was advised of a combined EA Compliance timeline and Planning Act process outline which identified a projected timetable to be followed by the applicant, the Region and the Town in order to have the matter considered at an OMB Hearing at the end of November 2007. On November 2, 2007 a second Prehearing was held by the OMB at which time the parties appeared and agreed on a schedule of events leading to a three week hearing date commencing.on April 7, 2008 at the Town of Aurora. On November .28, 2007 Council held a Public Meeting to consider the subject applications. The following resolution was passed: "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-OOA; 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' -5- Public. Planning - January 23, 2008 January 18 2008 - 6 - Report No. PL08-002 representative." The minutes of the November 28, 2007 meeting are attached as Appendix 2 to this report. Public Meetina Continuation: The purpose of this evening's meeting is to continue the Public Meeting process and to report on any status update to the technical criteria since the November 28, 2007 Public Meeting. On December 7, 2007 a memo from the Planning Department was provided to Council advising on "next steps' in the process. One of those steps was to meet in a closed session with the Town's external Counsel and staff on January 15, 2008 to receive a briefing on the development proposal. Staff also noted at that time that a report on this ;matter was anticipated to be before the Regional Planning and Economic Developmetn Committee on January 16, 2008. At the November 28, 2007 Public Meeting Mr. Rodney Northey (solicitor) advised Council that he represented a number of area residents and had concerns related to the applications conformity to the Oak Ridges Moraine Conservation Plan related to environmental features on site and the ground water, water balance and hydrogeological impacts. Mr. Northey has since advised the Town that he has retained two experts who, pursuant to Council's direction, have been invited to meet with the applicant and the Town's peer review consultants to review the natural heritage and geotechnical issues. The applicant and the Town's peer review consultants have attempted to schedule meetings to review these matters in greater detail. A meeting related to ground water, water balance and geotechnical issues occurred during the second week of January, however Mr. Northey's expert notified that he was unable to attend.. The Town's peer review consultant (Norbert Worens) updated summary of this component of study and note the following points as outstanding hydrogeology issues. 1. A more detailed water balance analysis is recommended to confirm the results of the original generalized water balance analysis completed by Jagger Hims Limited. 2. The report should indicate whether Ontario Ministry of the Environment staff require a hydrogeological study to address the potential for impact of the existing closed landfill or that an exception has been made by Ministry staff to not require such a study in accordance with Section 4.5.2 of MOE Guideline D4. Public Planning - January 23, 2008 January 18 2008 .7- Report No. PL08-002 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. The meeting to address the Natural Heritage issues has not yet been scheduled as the applicant is preparing a detailed letter to address the comments from the Town's peer review consultant. These primarily relate to partial removal and encroachment into key natural heritage features and buffer areas. A meeting is expected to occur within the next two weeks. It is noted that the solicitor representing Westhill Redvelopment (Mr McQuaid) provided a letter to the Town with and an appended report responding to the comments made by Mr. Northey at the November 28, 2007 Public Meeting. A copy of Mr. McQuaid's letter is attached as Appendix 8 to this report. A recent letter from Mr. Northey (January 15, 2008) addressed to the OMB outlines his issues with the ESR and is.attached to this report as Appendix 7. Toronto Region Conservation Authority (TRCA) In the November 28, 2007 staff report it was noted that the TRCA advised the Town that it supports the applicant's MESP and will be forwarding its recommended draft plan -7- Public Planning - January 23, 2008 January 18, 2008 - 8 - Report No. PL08-002 conditions of subdivision and condominium approval in January. These conditions will relate to overall grading, stormwater management and golf course design and environmental management to conform to "Audubon" standards. These conditions were received on January 17, 2008 but have not yet been reviewed at the time of the preparation of this report. At the November 28, 2007 Public Meeting the solicitor representing Westhill provided a letter from the TRCA advising that the TRCA had been satisfied that the development proposal as supported by the MESP was considered to conform to the ORMCP. However it should be noted that in a subsequent letter dated February 21, 2007 the TRCA withdrew that remark by clarifying that is was of the opinion that the MESP conformed to the ORMCP from a policy perspective but: "the ORMCP conformity review is to be conducted by the Municipal Planning body when reviewing planning applications in the Oak Ridges Moraine." The Region of York The development requires private communal water and wastewater treatment facilities to service the lands. As noted below, beginning on page 11, the Town's Official Plan provides that the residential proposals shall only be considered subject certain performance criteria, including preliminary design review of servicing to address maintenance, monitoring and failure contingency plans and a Responsibility Agreement with the Region. As such the Town requires that the Regional position on the matter be provided before the Town makes a decision on local issues related to the development applications. The Region has prepared a report to its Regional Planning and Economic Development Committee. (Report attached as Appendix 4). The report was considered by Planning and Economic Development Committee on January 16, 2008 and will be considered by Regional Council on January 24, 2008, The Regional Committee approved the staff recommendation. The Region's report recommends support of the applications subject to resolution of local issues. The report outlines the background to the planning applications noting that a Regional Official Plan Amendment (ROPA) came into effect in July 1998 which allowed the residential/ golf course community on the lands in the form of cluster residential on private services under condominium ownership. The Region has stated that it has determined conformity with the ROPA as it relates to Fiscal Impact and Risk Analysis, which are limited, provided the servicing systems are designed and developed in a technically sound manner and there are appropriate agreements and securities in place. The Regional report also states that the Region is satisfied that the primary issues of the Class Environmental Assessment have been met which includes that the applicant has addressed the Regional interests with respect to the protection of the Yonge Street Aquifer. A maintenance, monitoring and system failure contingency plan will be required before the Region will enter into a Responsibility Agreement with the owner. Public Planning - January 23, 2008 January 18 2008 - 9 - Report No. PL08-002 The Region has entered into Responsibility Agreements for similar developments in the Region. The requirement for this agreement will be a condition of draft plan of subdivision approval and will be required to be executed prior to the Town entering into a subdivision agreement with the owner. The Region's report recommends that: • the Region support the applications subject to the resolution of local issues and housekeeping modifications to the Official Plan Amendment • Regional staff be authorized to prepare conditions related to the draft plans of subdivision and condominium and in particular the requirement for a Responsibility Agreement between the Region and the land owner • Regional staff appear at the OMB in support of its position. Ministry of the Environment On January 11, 2008 the Town received a letter from the MOE addressed to Sernas Associates responding to the submission of the Westhill Environmental Study Report (ESR). The response acknowledges that Lebovic Enterprises Limited has followed the approved environmental planning process for an integrated approach project under the Municipal Class Environmental Assessment. The letter advises that based on the information provided a communal well, treatment and distribution system is a reasonable solution to providing a potable water supply. A Certificate of Approval will be required pursuant to the Water Resources Act and Safe Drinking Water Act. The MOE also advises that the proposed waste water treatment system is also acceptable, subject to the applicable Certificate of Approval supported by a reasonable use study. The MOE further advises that the storm water management proposal that uses the flows for golf course irrigation is also an acceptable approach again subject to the appropriate Certificate of Approval. A copy of the MOE letter is attached as Appendix 5. Central York Fire Services Fire Services staff advise that the concept of providing water for fire fighting from the . storm water management ponds on the golf course as proposed by the applicant is satisfactory, however Fire Services has cautioned that it will need to evaluate these plans to a greater level of detail before it can advise on its acceptability. The owner has met with Fire Services about emergency access to the residential development. A minor revision to the residential roadway width may need to be made to accommodate a centre median. �1e Public Planning - January 23, 2008 January 18 2008 -10 - Report No. PL08-002 Trail System Staff Report PL07-136 identified that a trail system is shown within the Official Plan and that Leisure Services staff would pursue discussions with the applicant on this matter. Resident Klaus Wehrenberg spoke at the November 28, 2007 Public Meeting requesting that.an east west walking trail be shown on the plans. The applicant advised staff that it had acknowledged the trail matter which would be considered within future revisions to the plan: As of the date of the preparation of this report staff have not seen a revised plan to address this matter. Public Comments A number of letters from the public have been submitted to the Town since the November 28, 2007 Public Meeting. These primarily relate to ground water, impact on existing wells, waste water treatment plans, number of golf courses in the area, Leslie Street traffic, previous proposals on the lands, lack of details for cluster residential, and the need for an east west trail system through the property.. These comments are attached as Appendix 6 to this staff report for Council's information. Residential Development The residential component of the development is proposed as a 75 unit vacant land condominium. A vacant land condominium allows freehold ownership of both the residential unit and the associated 'lot', and common ownership of the roadway and servicing infrastructure within the land ownership.. The servicing infrastructure for the potable water supply, waste water treatment and water for fire fighting will be provided on the adjacent golf course lands. In the same respect the drainage from the residential lands will flow onto SWM ponds within the golf course ownership. As such there is a need to tie all the lands within the entire development area into a registered plan of subdivision to ensure that access and maintenance of servicing facilities will apply to the lands in perpetuity. The conditions related to subdivision and condominium approval will address this matter. The provisions of Section 3.6.2 iv) of the Town's Official Plan outline matters to be addressed in the residential development. These require high quality house form within a cluster arrangement to allow substantial surrounding open spaces with possible connections to the open space. The freehold lot areas within the condominium have. frontages and areas of approximately 15 metres (50 ft.) and 495 m2 (5330 sq. ft.) respectively and all units within the 75 unit residential plan directly abut the golf course. The OP further provides that the overall density of the subject cluster development shall be comparable to Estate Residential subject to supporting environmental and servicing studies. Estate Residential allows up to 1.2 units per ha (.5 units per ac.) The -10- Public Planning - January 23, 2008 January 18. 2008 -11 - IReport No. PL08-002 residential density on the easterly component of the owner's lands (east of Leslie Street) is .5 units per ha (1.2 units per ha). (150 acres / 75 units = .5 units per ac). The density over the owner's entire landholdings of 210 acres (84.48 ha) is .35 units per acre. (88 units per ha). It is noted that the residential development is confined to an area of 5.12 ha (12.6 ac.) which represents about 6% of the total land area. This density and land area is considered an appropriate density and a suitable cluster residential development. The owner has not yet provided the Town with any form of architectural design guidelines or housing plans to illustrate the 'high quality' form of development as required by the Official Plan and requested by staff. The site specific policies of the approved OP also. state that the plan shall be effectively screened from arterial roads, with no direct access, discourage through traffic and constructed to municipal standards approval The design of the plan is in the form of a long cul de sac with a security gate and the closest residential unit is setback approx. 100 metres from Leslie Street. The Public Works Department have provided comments that they will require the submission of detailed road layout profiles and cross sections to meet the Town's standard's for private/ condominium development. This level of detail has not yet been submitted by the applicant. Staff have provided the applicant with the most recent Public Works comments and will meet with applicant to review these technical design issues. The site servicing plans for the residential lands is described in Staff Report PL07-136 (attached to this report). The servicing is tied in to the overall environmental considerations applying to the entire development area. Subject to a detailed review of engineering plans and architectural design submissions it would appear that the layout of the residential development plan is generally acceptable from a design perspective. Proposed Official Plan Amendment The Site Specific Policy Area as it applies to the subject lands and outlined by Section 3.6.2e of the Official Plan states as follows: "3.6.2 o: The land identified on Schedule H as 3.6.2e (east) comprising Part Lots 11 and 12, Concession 1l1 are intended to be developed for high quality residences in a cluster arrangement that are serviced by a privately owned and operated communal wastewater treatment system and water supply system in accordance with the criteria identified in Section 3.6.2c. The land identified on Schedule H as 3.6.2e (west), comprising Part Lot 11, Concession 11 may be used for a golf course to be developed in conjunction with the lands under the same ownership east of Leslie Street provided satisfactory arrangements for a grade separated access Leslie Street can be made. These lands shall require an amendment to this Plan prior to any development taking - 11 - Public Planning - January 23, 2008 January 18 2008 - 12 - Report No. PL08-002 place. The amendment shall provide detailed policies to ensure that the golf course is developed and operated in a manner that the environmental values, function and process of the Oak Ridges Moraine will be maintained or enhanced." The criteria within Section 3.6.2c as identified above require that: Residential proposals shall only be considered subject to the following design and performance criteria: High quality house form and lot layout will be encouraged: in a cluster arrangement which allows for more substantial and meaningful open spaces including possible connections to adjacent open space and recreation systems such as trails; reduced environmental impact or maintenance of environmentally important features; more efficient road and servicing arrangements; and, recognizing the Provincial Interest in and guidelines for development on the Oak Ridges Moraine. The overall density of development shall generally be comparable to that achieved through the Estate Residential policies of this Plan in section 3A.2 and shall be determined through supporting environmental and servicing studies. The overall design shall effectively screen development from arterial roads and existing uses through sensitive siting and landscaping. No direct access to individual lots shall be provided from Bloomington Road, Vandorf Sideroad, Bayview Avenue or Leslie Street. Access shall be. provided from an internal road that is designed to discourage through traffic, paved and constructed to municipal standards, and connected to an assumed and maintained public road. ■ The proposal shall be serviced by a privately owned and operated communal wastewater treatment system and water supply system, as approved by a Class Environmental Assessment or equivalent process which includes the following: an inventory of existing environmental features and possible impacts; ■ evaluation of alternatives in consultation with affected agencies; ■ preliminary design of the preferred alternative that will ensure the construction of a collection and distribution system to municipal SPM Public Planning - January 23, 2008 January 18, 2008 - 13 - Report No. PL08-002 standards and the preparation of a system maintenance, monitoring and failure contingency plan. • a Responsibility Agreements) being executed for the communal servicing systems including, among other things, operation and maintenance standards; definition of default and required remediation; financial guarantees that no public funds will be needed in case of malfunction, easements, rights of entry and inspection; and monitoring systems. v) All residential proposals will require an amendment to this Plan and be developed by plan of condominium. in considering the suitability of any proposal, Council will require at a minimum the following studies which address relevant matters previously identified in this section including: • a market support study; • an engineering report; ■ an environment and landscape analysis; and • an economic/fiscal impact analysis confirming the viability of the proposal and the proposed economic benefits to the municipality.. A draft Official Plan Amendment has been prepared and will be further evaluated prior to the April 7, 2008 OMB date to ensure that all final considerations as provided by the TRCA and the Town's peer review consultants have been included to address environmental and ORM conformity to the design and development standards for both the golf course and the residential components of the development. The OPA polices provide a policy framework to guide conditions of approval and development agreements .to ensure that the development is operated in a manner that the environmental values, functions and processes of the ORMCP are maintained as outlined in the final approved MESP. Development agreements will be required for subdivision, condominium and site plan approvals. This will include an environmental golf course management plan, maintenance protocol and monitoring program for wetland/ upland vegetation protection areas which will conform to the high environmental standards of 'Audubon' certification. The draft OPA is included within Appendix 1. As noted this document needs to be carefully reviewed and finalized to set the parameters under which development could occur. PROVINCIAL POLICY STATEMENT Matters of Provincial Interest are being reviewed as part of the evaluation of the proposal and will be further reported upon in a subsequent report. SERVICING ALLOCATION -13- Public Planning —January 23, 2008 January 18, 2008 -14 - Report No. PL08-002 The subject development applications will be serviced by a private communal water and waste water supply system to be designed, built and operated by the developer and the condominium corporation under the approvals of the Ministry of Environment, Region of York or other designated approval authority. As such, servicing allocation will not need to be assigned to the subject applications. FINANCIAL IMPLICATIONS Development charges and other associated development fees would be generated as a result of an approval of the subject development proposal. The Region notes that as the development will be on private services it will not generate any water or wastewater Regional development charge revenues. Applicable parkland (or cash -in -lieu of parkland), environmental protection lands and lands for a trail system will be conveyed to the Town or TRCA. The subject applications are scheduled for a three week OMB Hearing. The Town's budget provides for such a contingency. LINK TO STRATEGIC PLAN The Strategic Plan has goals and objectives that; promote a sustainable community that respects its Historic culture and character and embraces diverse cultural development and renewal in harmony with sound environmental management and business development activity, andpromote a healthy environment that fosters social and physical well being, and plan for the future to continue controlled and well -planned growth. Receiving public comments at the Public Planning Meeting and providing subsequent appropriate direction for representation before the OMB on the subject matter will support these goals and objectives. OPTIONS At the Public Planning Meeting, taking into consideration the comments from staff and residents, Council has the option of: Approving the applications in principle, subject to the resolution of outstanding issues Resolving that the application be brought back to Committee or a further Public Meeting upon'resolution of major outstanding issues, or Recommend that the application be opposed at the OMB CONCLUSION: -14- Public Planning - January 23, 2008 January 18, 2008 -is- Report No. PL08-002 The January 23, 2008 Planning Public Meeting is a continuance of the November 28, 2007 PPM. The staff reports are to provide Council with an overview of the subject applications which have been appealed to the OMB and 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. The lands are within the Oak Ridges Moraine 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 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 ORMCP conformity, compliance with the polices of the Town's OP and the site specific criteria applying to the lands, and providing further through the required OPA polices and conditions of draft approval to the subdivision and condominium plans to guide the development of the property. The residential component of the development has been reviewed and is .acceptable as a private/ condominium development and is considered to be in conformity with the policies of the current Official Plan. To ensure that the site develops in full conformity with the ORMCP and the Town's Official Plan policies, draft plan conditions for the proposed plan of condominium and proposed plan of subdivision will be necessary. An itemized list of the matters to be addressed by detailed conditions is attached as Appendix 3 to this staff report. Staff will report back to Council for direction prior to the matter proceeding to the OMB. The OMB hearing to consider the applications is currently scheduled for a three week period commencing April 7, 2008. ATTACHMENTS -15- Public Planning - January 23, 2008 January 18, 2008 -16 - Report No. PL08-002 Figure 1 Location Plan Appendix 1 Staff Report PL07-136, November 28, 2007 PPM Appendix 2 November 28, 2007 Public Meeting minutes Appendix 3 Matters to be covered by subdivision and condominium conditions of approval. Appendix 4 Region of York Planning and Economic Development Committee, January 16, 2008 staff report Appendix 5 Ministry of the Environment letter January 10, 2008 Appendix 6 Public comments received following the November 28, 2007 PM Appendix 7 Rod Northey January 15, 2008 letter to the OMB related to the Environmental Study Report Appendix 8 Mike McQuaid (Weir Foulds LLP) response to November 28, 2007 Public Meeting comments PRE -SUBMISSION REVIEW Management Team Meeting January 16, 2008 Prepared by: Glen Letman; Manager of Development Planning Ext. 4 Se"b rt, M.C.I.P., R.P.P. Director of Planning and Development Services John S. Rogers C.A.O -16- ��Ounv�o un�o.� srm Z a U LU m D V) 10 Q H z z a O U 1- z w p ER a. OM J 4 >a w mod %L ui o J r S4 z w O C a'� oc� w J 6 J a. C9 a: M Public Planning - January 23, 2008 MI-M Public Planning - January 23, 2008 APPENDIX 1 AUK TOWN OF AURORA PUBLIC PLANNING MEETING REPORT No. PL07-136 SUBJECT: 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-DOA OMB Case File: PLO30997 OMB File No.: 0030373, Z030149 and S030085 FROM: Sue Seibert, Director of Planning and Development Services DATE: November 28, 2007 RECOMMENDATION That Council receive staffreport PL07-136 related to Official Plan and Zoning By-law AmendmentApplications and Proposed Plan of Condominium Application on lands owned by Westhill Redevelopment Company Limited, Files: D09-04-00, D14-12-00 and D07-03-OOA; That public comments be received as input for future Council consideration on the applications, and, That Staffreport back to Council for direction on the applications prior to the April7, 2008 Ontario Municipal Board Hearing. BACKGROUND Location/Land Use: The subject lands front on both the east and west sides of Leslie Street approximately 450 metres (1500 feet) north of Bloomington Road, with a portion of the property also fronting onto the north side of Bloomington Road (Figure 1). The lands are described as Part Lot 12, Concession 2 and Part Lots 11 and 12, Concession 3. The lands are more specifically described as being Part 1, Plan 65R-15508, Part 2, Plan 65R-11866 and Parts 1 and 2, Plan 65R-9264. The lands are characterized as gently rolling, farm fields with wooded and wetland areas. The site includes two occupied residential dwellings on the west side of Leslie Street and an abandoned farmhouse, and outbuildings on the east side of Leslie Street. The total site area is 84.98 hectares (210 acres). Surrounding Uses: North: Rural and rural residential -19- Public Planning - January 23, 2008 November 28, 2007 - 2 - Report No. PL07-136 South: Estate residential (Bovair Trail) East: Vacant rural/wooded lands West: Rural lands and estate residential (Offord Crescent) PROPOSAL The owner has submitted applications to: Amend the Town's Official Plan to redesignate the land use designations of the subject lands from "Oak Ridges Moraine Natural Linkage Area" and "Oak Ridges Moraine Countryside Area" to site specific "Oak Ridges Moraine Natural Linkage" and site specific "Oak Ridges Moraine Countryside" designations to allow the development of an 18 hole golf course and a 75 unit residential condominium community. It should be noted that the owner's Official Plan Amendment application deemed complete in June 2000 proposed to redesignate the subject lands to "Estate Residential Area" and "Private Open Space Area", but it will be necessaryto designate the lands to the categories as noted above to conform to the Oak Ridges Moraine Conservation Act. Amend Zoning Bylaw 2213-78 by rezoning the subject lands from "Rural- ORM" to site -specific "Estate Residential (ER- ORM) Exception Zone", "Major Open Space (O- ORM) Exception Zone" and "Environmental Protection (EP- ORM) Exception Zone". Grant Draft Plan Approval of a 75 unit vacant land condominium development. Request the Region of York to grant Draft Plan Approval of a revised proposed Plan of Subdivision to create five (5) blocks within the overall property. All of the above noted applications have been appealed to the O.M.B. The approval of the planning documents would allow for the development of the lands for 75 detached residential condominium units having lot widths of minimum 15m (50 ft.) fronting on a private road. (Total population projection of 248 persons) Also proposed is an 18 hole golf course along with associated club house and maintenance buildings. The residential condominium will be located entirely on the east side of Leslie Street. The 18 hole golf course would have 11 hales on the east side of Leslie Street and the remaining 7 holes on the west side of Leslie Street connected by a grade separated underpass under Leslie Street that would require the approval of the Region. Water and wastewater services for the entire site including both the condominium and golf course are to be provided by on -site ground water wells and a private sewage collection system and communal sewage treatment plant. A Sequencing Batch Reactor type sewage treatment system is proposed to be used to treat waste from the residential uses, golf course club house and maintenance buildings. The treated effluent will be discharged into two lined reservoirs to be located on the golf course lands. The treated plant effluent in combination with the stormwater runoff will be used for irrigation of the golf course. The -20- Public Planning - January 23, 2008 November 28, 2007 - 3 - Report No. PL07-136 use of well water will not be allowed for golf course irrigation. The roadways, water distribution, sewage waste distribution, solid waste, and storm sewers are internal to the condominium and are to be owned and maintained by the condominium corporation. The communal water and wastewater treatment facilities, wells, effluent discharge system and storm water management facilities are intended to be maintained and operated and remain within the ownership of Westhill (Lebovic). Agreements between the Condominium Corporation and Lebovic are anticipated to ensure that the servicing infrastructure for both the golf course and condominium.are integrated. Application Background; The history of the development application on the subject lands dates back to 1989 at which time the owner originally submitted plans for an Official Plan Amendment (OPA), Zoning Bylaw Amendment (ZBA) and an estate residential plan of subdivision on the east portion of the subject lands. That application was referred to the. 1.991 Official Plan Review, which then became the subject of a Town wide study initiated by the owner that reviewed the demand for the proposed housing, which was subsequently referred to the Ontario Municipal Board and finally deferred pending the completion of the Growth Management Study (GMS) by the Town. That application was appealed to the OMB in 1992. As part of the completion of the GMS it was determined that privately serviced estate residential developments would not be supported in this area, however limited cluster type developments may be considered acceptable on communal services subject to site specific Official Plan Amendments and justification studies. The 1989 applications did not conform to this site specific development policy. The applicants submitted revised planning applications to the Town deemed to be complete in June of 2000. A public Planning meeting was held on January 31, 2001. In 2001 the Province of Ontario enacted the Oak Ridges Moraine Protection Act. This legislation had the effect of `freezing' development, and in December of 2001, the Province gave Royal Assent to the Oak Ridges Moraine Conservation Plan (Bill 122). That Plan was made retroactive to November 16, 2001. The subject applications were submitted/commenced but not decided upon prior to November 17, 2001 and therefore the applications are required to conform to only the "prescribed provisions" of the Oak Ridges Moraine Conservation Plan. The prescribed provisions require the applications to address only portions of the Oak Ridges Moraine Conservation Plan due to their transitional status. Generally these provisions require protection of any natural features, ground and surface water and stormwater runoff (Section 3.13.2 c). The Oak Ridges Moraine Conservation Plan was implemented by OPA 48 and is in effect. The planning applications were considered at a Public Meeting of Council in January 2001, at which time Council passed the following resolution: `In view of the outstanding issues pertaining to the peer review of the Environmental Impact Study, the comments of the Toronto Region Conservation Authority and review of the proposal in accordance with the Implementation Guidelines fordevelopment on the Oak Ridges Moraine, it is suggested that the applications be received for information at this time. -21- Public Planning - January 23, 2008 November 28, 2007 - 4 - Report No. PL07-136 Prior to the applications proceeding, staff recommend that the outstanding issues be. addressed at which time staff will report back to a Public Planning Meeting taking into account issues raised by the public and through the internal and external agency circulation of the applications." It should be noted that even though there were some delays due to the Oak Ridges Moraine legislative freeze the application was inactive for a significant period of time while the applicant was working with its consultants. In addition the applicant has been working with the Toronto.Region Conservation Authority (TRCA) related to the TRCA comments and input to resolve environmental issues related to the proposed development of lands within the Oak Ridges Moraine. The applicant has submitted a revised development plan with updated support information in the form of an updated Master Environmental Servicing Plan (MESP) Sernas Associates September 2005, as revised August 2006. In December 2006 the updated application package was circulated to internal departments and outside agencies for review and comment. It should be noted that the owner has also commenced a Class Environmental Assessment (Class EA) under the Environmental Assessment Act related to servicing infrastructure for the subject development. Two (2) Public Information Centres for the Class EA were held at the Aurora Library on March 20, 2007 and May 7, 2007. The owner has requested that an "integrated approach" to consider both the Class EA and the Planning Act applications be heard by the OMB. An Executive Summary of the applicant's Municipal Class Environmental Assessment is attached as Appendix 2 to this report. The current Official Plan policies which apply to the subject lands are site specific and include special policies to provide protection and buffers/setbacks for the Key Natural .Heritage Features and environmentally significant areas: Pursuant to the current provisions of the Town and Region's Official Plans the development must also occur on a privately owned and operated communal wastewater treatment system and water supply system. On January 16, 2007 Council considered staff report PL07-005, related to an OMB Prehearing on the appeals. Staff noted that should a full Hearing on these applications become necessary, given the complexity .of the issues and the considerable time to prepare it may not be possible to significantly scope the issues without a Council decision on the matter. The Hearing will likely focus on environmental issues and due to the hearing's potential length, complexity and scope of an "integrated approach" it would be beneficial to retain outside Counsel and peer review consultants. Council directed staff to retain outside legal Counsel. Roger Beaman of Thomson Rogers has been retained as legal counsel to represent the Town. North South Environmental Inc. and Norbert W. Woerns, Hydrogeologist were retained to peer review the applicant's Master Environmental Servicing Plan (MESP). The Prehearing Conference of the Ontario Municipal Board (OMB) was held on February 8, 2007 and Notice was given to residents within '120 metres as required and to interested parties, A number of residents and/or their representative appeared at the Prehearing, some of which requested "party status" at the Hearing. As a result of that conference the -22- Public Planning - January 23, 2008 November 28, 2007 - 5 - Report No. PL07-136 OMB was advised of a combined EA Compliance timeline and Planning Act process outline which identified a projected timetable to be followed by the applicant, the Region and the Town in order to have the matter considered at an OMB Hearing at the end of November 2007, On November 2, 2007 a second Prehearing was held by the OMB at which time the parties appeared and agreed on a schedule of events leading to a three week hearing date commencing on April 7, 2008 at the Town of Aurora. This evening's Planning Public Meeting is scheduled for Council to hear the planning applications and receive public input into the review of the development applications. Official Plan The owners' lands are currently designated "Oak Ridges Moraine Countryside Area" and "Oak Ridges Moraine Natural Linkage Area" in accordance with Section 3.6.2.e of the Official Plan. The Site Specific Policy Area as outlined by Section 3.6.2e of the Official Plan states as follows: "3.6.2 e: The land identified on Schedule H as 3.6.2e (east) comprising Part Lots 11 and 12, Concession Ill are intended to be developed for high quality residences in a cluster arrangement that are serviced by a privately owned and operated communal wastewater treatment system and water supply system in accordance with the criteria identified in Section 3.6.2c. The land identified on Schedule H as 3.6.2e (west), comprising Part Lot 11, Concession 11 maybe used for a golf course to be developed in conjunction with the lands under the same ownership east of Leslie Street provided satisfactory arrangements for a grade separated access Leslie Street can be made. These lands shall require an amendment to this Plan prior to any development taking place. The amendment shall provide detailed policies to ensure that the golf course is developed and operated in a manner that the environmental values, function and process of the Oak Ridges Moraine will be maintained or enhanced." The criteria within Section 3.6.2c as identified above require that: Residential proposals shall only be considered subject to the following design and performance criteria: High quality house form and lot layout will be encouraged: in a cluster arrangement which allows formore substantial and meaningful open spaces including possible connections to adjacent open space and recreation systems such as trails; reduced environmental impact or maintenance of environmentally important features; more efficient .road and servicing arrangements; and, recognizing the Provincial Interest in and guidelines for development on the Oak Ridges Moraine. y1921 Public Planning - January 23, 2008 November 28, 2007 - 6 - Report No. PL07-136 ■ The overall density of development shall- generally be comparable to that achieved through the Estate Residential policies of this Plan in section 3.1.2 and shall be determined through supporting environmental and servicing studies. The overall design shall effectively screen development from arterial roads and existing uses through sensitive siting and landscaping. No direct access to individual lots shall be provided from Bloomington Road, Vandorf Sideroad, Bayview Avenue or Leslie Street. Access shall be provided from an internal road that is designed to discourage through traffic, paved and constructed to municipal standards, and connected to an assumed and maintained public road. ■ The proposal shall be serviced by a privately owned and operated communal wastewater treatment system and watersupply system, as approved by a Class Environmental Assessment or equivalent process which includes the following: • an inventory of existing environmental features and possible impacts; • evaluation of alternatives in consultation with affected agencies; • preliminary design of the preferred alternative that will ensure the construction of a ' collection and distribution system to municipal standards and the preparation of a system maintenance, monitoring and failure contingency plan. • a Responsibility Agreement(s) being executed for the communal servicing systems including, among other things, operation and maintenance standards; definition of default and required remediation; financial guarantees that no public funds will be needed in case of malfunction; easements, rights of entry and inspection; and monitoring systems. v) All residential proposals will require an amendment to this Plan and be developed by plan of condominium. In considering the suitability of any proposal, Council will require at a minimum the following studies which address relevant matters previously identified in this section including: a market support study; ■ an engineering report; . • an environment and landscape analysis; and • an economic/fiscal impact analysis confirming the viability of the proposal and the proposed economic benefits to the municipality. Zoning By-law: -24- Public Planning - January 23, 2008 November.28, 2007 - 7 - Report No. PL07-136 The lands are currently zoned "Rural General (RU- ORM) Zone" by Town of Aurora Zoning Bylaw 2213-78, Oak Ridges Moraine Conservation Plan As noted above the subject lands are located within the "Oak Ridges Moraine Countryside Area"and the "Oak Ridges Moraine Natural Linkage Area" designations of the Oak Ridges Moraine Conservation Plan (ORMCP) as implemented through OPA 48. Schedule "K" of OPA 48 indicates that the lands contain Key Natural Heritage Features/Hydrologically Sensitive Features and associated minimum vegetation protection zones. Schedule "M" shows the lands as within both "High Aquifer Vulnerability' and "Low Aquifer Vulnerability" areas. It should be noted however; that the applications for Draft Plan Approval, Official.Plan Amendment and rezoning were all submitted prior to November 17, 2001 and are 'transitional' in accordance with the ORMCP policies. The transitional requirements as implemented by OPA#48 and By-law4469-03.D indicate thatthe applications are required to conform to the prescribed provisions of the ORMCP. The transitional status of the applications was verified by Town Council in 2004 and the Ministry of Municipal Affairs and Housing. The prescribed provisions as set out generally require protection of any natural features, ground and surface water and stormwater runoff. In order to ensure that the applications conform to the prescribed provisions of the ORMCP the applicant has completed the required "Natural Heritage Evaluation", and a "hydrological assessment. The applicant's MESP provides the following; • Ecological inventories, environmental planning polices and environmental impact assessments for the Site (Ages Consultants Limited in association with Grey Owl Environmental Incorporated, August 2005, revised August 2006) • The geological and hydrogeological setting to assess adequacy of water supply in addition to assessing impact on surrounding aquifers and surface systems (Water Supply Study Jagger Hims Limited, August 2003) • Hydrogeological impact of development, and methods for compliance with environmental planning policies, including monitoring (Jagger Hims Limited, August 2005) • Addendum report to respond to TRCA comments related to water supply and hydrogeological study (Jagger Hims Limited, August 2006) • Storm, sanitary, water servicing, storm water management and preliminary grading (Functional Servicing Report, Sernas Associates, August 2006) • Golf course plan, illustrating grades, protection areas and restoration areas (Course Grading Plan and Course Rehabilitation and Planting Plan (Carrick Design, August -25-. Public Planning - January 23, 2008 November 28, 2007 - 8 - Report No. PL07-136 2006) Due to the complexity of the applications the Town retained North South Environmental to peer review the environmental studies and to advise on conformity with the ORMCP. This component of the review has not yet been finalized as additional information has been requested of the applicant. Summaries of the peer reviews are included with the Comments section of this report._ COMMENTS Planning Considerations The principle forthe development of the subject lands as a residential condominium and 18 hole golf course community has been established through the previous review and Council approval of amendments to both the Town and Regional Official Plans which contain site specific development polices for the development. The details of those amendments outline the environmental criteria which must be met priorto further planning approvals on the lands. In this regard a further amendment to the Official Plan is required to layout the more detailed development criteria to be applied to site design and servicing. The lands are within the Oak Ridges Moraine 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, sanitary servicing and an on site waste water treatment facility. The owner has resubmitted an up to date detailed MESP to support the application and continues to respond to department and agency comments -as provided to date. The ultimate responsibility and the majority of risks for any failure of servicing infrastructure lies primarily with the Region of York, and as such a Risk Assessment is currently under review by the Region which is intended to lead to a detailed Responsibility Agreement between the Owner and the Region. This matter must be considered by Regional Council before the Region advises that it is satisfied with development. The Region advises that this item is tentatively scheduled for. Regional Council consideration in January 2008. The Town's assessment of the applications deals with environmental considerations related to ORM and OP Policy 3.6.2e conformity, providing Official Plan policies for the development of the lands and applying any and all necessary conditions of draft plan approval to both the plan of condominium and plan of subdivision to implement the policy provisions of the OPA and applicable municipal development standards. As noted above, OP Policy 3.6.2c provides that residential developments will only be considered in accordance with performance criteria that include a requirement that the cluster arrangement (of. residential development)"allows for more substantial and meaningful open space systems including possible connections to adjacent open spaces and recreational systems such as trails". Staff are working with the Leisure Services Department to review such needs in the context of this application and the Aurora Trail Network Concept set out on Schedule "I" to the Official Plan. It is noted that a site plan application will also be required for the lands. -26- Public Planning - January 23, 2008 November 28, 2007 - 9 - Report No. PL07-136 As of the date of the preparation of this report the ORM and 00 conformity matters previously referenced have not yet been completed to the satisfaction of the Town. The submitted Official Plan Amendment and zoning By-law Amendment are draft documents and the Town and applicant will continue to review and revise these documents with the goal of producing final drafts prior to the OMB hearing. Region of York The subject lands are designated "Rural Policy Area" in the York Region Official Plan (ROP). Policy 5.9.11 of the Rural Policy Area section of the ROP is a site specific policy resulting from Regional Official Plan Amendment (ROPA) 3 and states that the subject lands are intended to be developed for high quality residences in a cluster arrangement and condominium ownership. In addition, the lands are also designated Countryside Area and Natural Core Area in accordance with the Oak Ridges Moraine Conservation Plan (ORMCP). In this regard the Region notes that subject to satisfying a specific list of criteria, the use of the lands as proposed is considered to conform to the Regional Official Plan. The Region notes that the transitional provisions section of the Oak Ridges Moraine Conservation Act apply to the lands to conform to the "prescribed provisions" under Section 48 of the ORMCP. Regional staff relies on the Toronto and Region Conservation Authority to ensure conformity of the applications with these provisions. The ROP states that such a development will be serviced by privately owned and operated communal wastewater treatment and water supply systems in accordance with itemized Policies of the ROP. Pursuant to the Resort/ Recreation private servicing policies of the ROP, the applicant held Public Information Centres in March and May of 2007. and has submitted a Master Environmental Servicing Plan and an Environmental Assessment Report. These documents have been reviewed by the Region and on Sept. 25, 20Q7 the following comments were provided to the owner: 1." There may be some issues with respect to the proposal for water. supply. The proposal is to. take groundwater to support the clubhouse and condominium development from, the same aquifer unit as the Yonge Street Aquifer (YSA), which supports the communities of Aurora, Newmarket, Holland Landing, Queensviile and Sharon. The new monitoring data matches with our monitoring network for the YSA, demonstrating the taking is within the same unit as the YSA. Although the applicant predicts pumping at a low rate, --6.27 US (-83 gal/min), it may be considered significant from a cumulative standpoint for the entire watershed. Regardless of the above cornment, the control of permitting lies with the Ministry of the Environment (MOE). As such, the applicant is ultimately responsible for identifying the cumulative effect of multiple users in the same aquifer unit for approval by the MOE. -27- Public Planning - January 23, 2008 November 28 2007 - 10 - Report No. PL07-136 The owner's Permit to Take Water (PTTW) application to the MOE for the clubhouse and condominium development and the Environmental Assessment Report must contain the following information: • Impact to the Yonge Street Aquifer - the applicant must demonstrate that the water taking will not impact the use as discussed in Table 4 of the Westhill. Assessment Report. • Consideration of extent of a capture zone - the zone of influence from the well must be illustrated to demonstrate that the taking will. not influence the neighbouring groundwater users. There must be an analysis of impacts to private wells to the south of the development. • Water Balance— the water -taking is from the deep aquifer and the recharge is to the shallow system. The applicant must demonstrate the complete water balance for the deep and the shallow aquifers. Most of the irrigation waterwill be used by plants and will not recharge the shallow system, where most of the private residents (south of the development) obtain their water. 2. Water efficiency —the Environmental Assessment report must include management strategies to reduce excessive use of groundwater (such as low flow toilets or limited outdoor water use, etc) and a strategy for how the drought years will be handled. 3. Consideration of potential contaminants - the Environmental Assessment report must include an analysis with respect to potential contaminants to the water supply, given that there is a known landfill site to the west of the development." The applicant advised the Region that they are in the process of addressing these matters. Although the applicant has not prepared a maintenance, monitoring and system failure contingency plan in accordance with the ROP, this will need to be completed prior to the execution of the required Responsibility Agreement between the owner and the Region. The requirement for a maintenance, monitoring and system failure contingency plan will be a condition of draft approval for the draft plan of subdivision and/or the draft plan of condominium. The execution of the Responsibility Agreement with the Region will be required prior to the Town entering into a Subdivision/Condominium Agreement with the Owner, and will be considered through the report to Regional Council that deals with the OPA. The Region has subsequently advised the Town that it had concluded its preliminary review of the applicant's Risk Analysis Report (Hemson July 2007) and Fiscal Impact Analysis (Hemson August 30 2007). Additional information has been requested of the applicant by the Region in order for the Region to complete its review on these components of the application. W01 Public Planning - January 28, 2008 November 28, 2007 - 11 - Report No. PL07-136 Toronto Region Conservation Authority (TRCA) The TRCA comments date back to the original applications filed on the land, and the TRCA has provided ongoing comments to the submissions of the proposal, The revised MESP (August 2006) as submitted by the applicant was provided to address the extensive comments provided by the TRCA in January 2006. The TRCA and the applicant have had subsequent meetings and exchanged correspondence since that time. The detailed comments provided by the TRCA relate to such matters as; Geotechnical review, Ecology, Storm Water Management Engineering; Hydrogeology, Water Supply, and Oak Ridges Moraine conformity. The TRCA has also indicated that it will be providing additional comments which it will recommend to be included as conditions of the draft plan of condominium (and/or subdivision) related to protection of Vegetation,Protection Zone, pest management control, Audubon Cooperative Sanctuary design and monitoring programs. The TRCA advises that it is satisfied with the applicant's MESP document which will form the basis for polices and conditions which the TRCA will recommend to be included in the planning documents for the development. Departmental Comments Comments have been received from Public Works, Leisure Services, Central York Fire Services, Financial Services and the Community Planner/ Heritage Advisory Committee. The Public Works Department notes that the development is a privately serviced condominium and golf course fronting on a Regional road and therefore its concerns primarily relate to the Town's potential risks related to possible future servicing and l infrastructure. The owner has recently submitted an updated Risk Analysis (Hemson ` November, 2007) which is currently under review. The Leisure Services Department notes that the primary environmental issues are under review by the TRCA and the Town's peer review consultants and that draft plan conditions will be provided to address matters related to detailed design and landscaping of the condominium and golf course where appropriate. Discussions respecting the OP Policies related to trails through the area have taken place and.will continue to be pursued. The Financial Services Department have recently received reports on the Fiscal Impact (Hemson August 30, 2007), Risk Analysis (Hemson, November 2007) and Golf Course and Residential Market Demand Assessment (urbanMetrics inc., September 6, 2007). The Treasurer has advised that he has conducted a preliminary review of the reports and is seeking further input to enable him to respond to the submission. Central York Fire Services request that the private road be designed to accommodate emergency access, which could include a divided roadway for the residential development. The Commuity Planner advises that on Oct. 15, 2007 the Heritage Advisory Committee passed the following motion: -29- Public Planning - January 23, 2008 November 28. 2007 - 12 - Report No. PL07-136 "THAT the Heritage Impact Assessment Report—14012, 14020 and 14003 Leslie Street, Town of Aurora prepared for Lebovic Enterprises Ltd. by Su Murdoch Historical Consulting, dated July 2007 be received; and THAT the report from the Heritage Building Evaluation Working Group regarding 14012, 14020 and 14003 Leslie Street, be received and endorsed; and THAT the Heritage Advisory Committee does not object to the demolition of the houses at 14012 and 14003 Leslie Street subject to the owner making significant architectural components of the houses available for the Heritage Advisory Committee of Aurora's Architectural Salvage Program prior to demolition at no cost to the Town; and THAT the main (east) section of the William Wells House, at 14020 Leslie Street be retained in any future redevelopment of the subject lands; and THAT in order to facilitate the retention of the main wing of the William Wells House in a future development, that the Heritage. Advisory Committee has no objection to the relocation and restoration of the building to a suitable location within the subject lands, and appropriate adaptive re -use to the satisfaction of the Community Planner; and THAT such restoration should be completed as part of the first phase of development of the subject lands; and THAT the applicant be requested to consider options related to the status and retention of the 19th Century Barn on the property at 14012 Leslie Street and/or its components." Town Consultant's Peer Review comments to MESP North South Environmental Inc. North South Environmental Inc. (North South) submitted a detailed letter outlining its comments. These comments have been provided to the applicant. North South's report contains comments on both the natural heritage and landform aspects of the application. The focus of the peer review addresses the degree to which the proposed developments conform with various policy documents including the Provincial Policy Statement, the Oak Ridges Moraine Conservation Plan (ORMCP), the Regional OP and the Town of Aurora OP. Only the prescribed provisions of the ORMCP (Part V, Section 48) apply. Applicable policies under these provisions pertain to natural heritage, ground and surface water, and stormwater. There are no specific requirements underthe ORMCP to undertake studies or demonstrate compliance with landform conservation policies. The Official Plans for both the Town and the Region defer landform conservation policies within the area of the Oak Ridges Moraine to the ORMCP. Since the West Hill application falls under the "Prescribed Provisions" as noted above, it does not require conformity with any of the landform conservation policies of the ORMCP (specifically Section 30). The Town's OPA identifies one Earth Science ANSI within the area of the application ("White Rose Spillway" ANSI) and associated Environmental Protection Area (EPA) policies, however the Ontario Ministry of Natural Resources has de -listed this ANSI and, hence, the basis for its EPA designation. -30- Public Planning - January 23, 2008 November 28, 2007 -13 - Report No. PL07-136 Under the context of its review North South have advised that they are generally supportive of the proposed concept. The updated inventory is reasonably well done and complete, and it would appear that results of the environmental investigations have been used in the development of the proposed concepts. However, there are some aspects of the proposal that require further study and refinement in order to ensure conformity with the ORMCP. These are identified in the detailed comments submitted to the Town which itemize a total of eighteen (18) comments for further review. In North South's discussion with the applicant's consulting team North South have been advised that the owner will be continuing to refine the concept over the following months with input from the various review agencies. There are still some policies in the draft OP amendment that need to be addressed as the application moves forward. Norbert W. Woerns, Hydrogeologist The groundwater supply study submitted by the applicant entitled Water Supply Study, Jagger Hims, August 2003, addendum August 2006, provides an investigation into the potential available groundwater supplies for the proposed development and the potential for impact on thegroundwater and surface water resources of the area from the proposed water taking. The methodology used for this study provides information for an assessment of groundwater availability and potential interference effects, from the proposed water taking. The data presented supports the conclusion that there is sufficient groundwater available to meet the requirements of the proposed development. There however remain some questions regarding the potential impacts on local groundwater quantity and quality and the impacts on local groundwater users in the long term. Mr. Woerns met with Jagger Hims Limited (Jagger Hims) on June 27, 2007 for clarification of some issues. Additional information was provided by Doug Jagger which addressed some of the issues. Mr. Woerns completed a site visit on September 28, 2007 with Jagger Hims staff which also included Town of Aurora Planning staff, York Region Hydrogeologist Wendy Kemp, North -South Environmental staff, Carrick Design staff and staff of Ages Consultants Limited. The proposed development intends to utilize treated sewage effluent and storm water run- off to meet the golf course irrigation requirements. The residential portion of the development is intended to be serviced by a groundwater supply well. Subject to the actual water use and golf course operations, this may limit the amount of groundwater recharge available to the shallow groundwater system. Although there appears to be adequate groundwater supplies available forthe proposed residential development, questions remain with respect to the impacts on the hydrological function of the property and long term impacts on the groundwater system. The following overview is provided: 1. "The Water Supply Study by Jagger Hims adequately demonstrates that there are sufficient water supplies to service the proposed development inciuding residential development, golf course irrigation and a modest clubhouse facility. -31- Public Planning January 23, 2008 !November 28, 2007 -14 - Report No. PL07-136 The deep water supply aquifer to supply the proposed development is sufficiently isolated from the shallow aquifer and surface water systems that no measurable interferences from the proposed water taking is anticipated in the short term. 3. Due to the variability in subsurface conditions and the locally documented breach in the clay aquitard there may be potential for long term impacts from the proposed water .taking on the shallow groundwater system. This will require ongoing monitoring of both the deep and shallow ground water system and a contingency plan should impacts be detected at some point in the future. 4. Questions regarding the methodology and supporting calculations for the water balance analysis have raised questions regarding the anticipated impacts on the shallow groundwater system and the function of the Oak Ridges from the proposed development. 5..The potential impact of the closed landfill site adjacent the northwest corner of the property has not been addressed. 6. An assessment of potential impact of the proposed use of surface runoff and treated sewage effluent on the shallow groundwater system has not been sufficiently demonstrated." Mr. Weems provided a list of recommendations for the applicant to consider and resubmit for further consideration. These comments have been provided to the applicant. The following recommendations have been submitted by Mr. Weems for consideration by the applicant: "The water balance analysis should be re-examined and calculations provided to support the methodology used. This is required to confirm conclusions regarding the impacts on the groundwater system and compliance with the Oak Ridges Moraine Conservation Plan. 2. An analysis of the adjacent closed landfill site should be completed consistent with the requirements of MOE Guideline D-4. 3. Due to the anticipated reliance on surface runoff and treated sewage effluent for irrigation purposes and the need to dispose of the sewage effluent under varying climatic conditions, an analysis should be completed consistent with the Reasonable Use Approach (MOE Guideline D-7) using a worst case scenario. 4. The ground water quality monitoring as proposed by Jagger Hims should be implemented and the additional parameters of sodium and chloride should be included. 5. Groundwater monitoring for possible impacts from the adjacent landfill site to the northwest of the property should be completed. -32- Public Planning - January 23, 2008 November 28, 2007 - 15 - Report No. PL07-136 Prior to approval of the development application, the Town. of Aurora should confer with the Region of York with respect to the implications of the proposed communal well for the proposed development and its status with regard to well head protection policies under the Clean Water Act. Subject to these discussions additional analysis may be required to identify wellhead protection areas around the proposed production well. 7. On -site wells and groundwater monitors that are no longer required should be . abandoned in accordance With Ontario Regulation 903. 8. Sampling of adjacent private wells to the property should be completed with the permission of the landowners and analyzed for general chemistry prior to commencement of construction. This information should be kept on file by the proponent, the Town and /or York Region. This information will represent baseline conditions for future reference should there be well interference complaints. Recommendations should be provided for a long term monitoring plan that includes a response plan for local well interference complaints. A Phase 1 Site Assessment should be completed on the property to identify potential sources of contamination prior to construction. In particular the areas around the existing farm buildings should be an area of focus for the Phase 1 Site Assessment. Trace amounts of volatile organic compounds have been detected in the shallow groundwater system near the farm buildings and have been attributed to past farm activities. 10.An analysis of setbacks from the proposed sewage treatment plant, areas of spray irrigation of treated sewage effluent, and from the proposed treated sewage effluent reservoirs should be completed and presented in the documentation." PROVINCIAL POLICY STATEMENT Matters of Provincial Interest are being reviewed as part of the evaluation of the proposal and will be further reported upon in a subsequent report. SERVICING ALLOCATION The subject development applications will be serviced by a private communal water and waste water supply system to be designed, built and operated by the developer and the condominium corporation under the requirements of an Environmental Assessment Act through the approvals of the Ministry of Environment, Region of York or other designated approval authority. As such, servicing allocation will not need to be assigned to the subject applications. FINANCIAL IMPLICATIONS Development charges and other associated development fees would be generated as a result of an approval of the subject development proposal. -33- Public Planning - January 23, 2008 November 28, 2007 - 16 - Report No. PL07-136 The subject applications are scheduled for a three week OMB Hearing and as such will incur a considerable expense by the Town, The Town's budget provides for such a contingency LINK TO STRATEGIC PLAN The Strategic Plan has goals and objectives that; promote a sustainable community that respects its historic culture and character and embraces diverse cultural development and renewal in harmony with sound environmental management and business development activity. Promote a healthy environment that fosters social and physical well being, and plan for the future to continue controlled and well -planned growth. Receiving public comments at the Public Planning Meeting and providing subsequent appropriate direction for representation before the OMB on the subject matter will support these goals and objectives. OPTIONS The Public Planning Meeting provides the opportunity for public input into the applications. Council options pertaining to the applications and the scheduled Ontario Municipal Board Hearing will be outlined within a subsequent report to Council. CONCLUSION: The purpose of the November 28, 2007 Planning Public Meeting is to provide Council with an overview of the subject applications which have been appealed to the OMB and for Council to receive comments from the public. The subject Official Plan, Zoning, Draft Plan of Condominium applications were deemed by the Town to be complete in 2000 and have been appealed to the Ontario Municipal Board. 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 modified 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 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 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 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 will also be considered by 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 -34- Public Planning - January 23, 2008 November 28, 2007 -17 - Report -No. PL07-136 Agreement between the Owner and the Region. The Town's assessment of the applications deals with environmental considerations related to ORM, conformity with the polices of the Town's OP as set out in the body of the report that include meeting a series of requirements as set out, and providing OP polices to guide the development of the property. To ensure conformity with the ORMCP and the Town's OP including OPA 9# 48, a series of subdivision and condominium conditions will be necessary. The OMB hearing to consider the application is currently scheduled for a three week period commencing April 7, 2008, No determination or direction from Council is being sought at this time. A subsequent report will be prepared for Council's consideration and direction on these applications and Counsel for the Town will be addressing Council prior to the OMB Hearing date. ATTACHMENTS Figure 1 Location Plan Figure 2 Proposed Plan of Condominium Figure 3a,b Overall development concept plan Figure 4 Revised Draft Plan of Subdivision Figure 5a,b Site servicing Appendix 1 Draft Official Plan Amendment Appendix 2 Environmental Assessment Executive site servicing scheme. PRE -SUBMISSION REVIEW Management Team Meeting November 21, 2007 Summary (Sernas Assoc.) showing Prepared by: Glen Letman, Manager of Development Planning Ext. 4346 Sue Seibert,;NI.C./.P., R.P.P, '" John S. Rogers Directorofhanning and Development Services C.A.O W1411 0 r 1 r z a a 2 O U r z CL 4y 0 wo >❑ w� O C. it o _j N J r Sr ® 9 U � ® J C1w J 4 � f� 7-anuary 23, 41,z ng - January I,y ;i i I I I S_ 1 7$--- ---- l r I I { I I 31 [ II' aNOd' ' : I fie I I W uj LU cn W J LL w Z CL a 0 W Z < c On U U I- z Z wO LU aQ i r> 19 OQ n wO O w J wwo . W >N J r W Z r LU O J C? O z < M U .. w M x p> ILLli �u 8 G7 CX -1 0 uary V , I o _ I _1 �J 1 S- j ---_ l T .m. LU LLI w F— UA LU co LLB J LL O I F- CIO ` Q W Z ^J^ ; H c AA , 1.�. F- Lu J >- Z a O� o C9 U H z Z LU LU 0. A w Oo ° p n W O F, 0 J ww a LU o 1 N O^-T-I Ti w HE T J CO, �o Qui D m ca w a 0 a -i c� 0 - January I ( �..• I yJS A Y i'�. &a ,Vy LJ Ll..l .roc 'I N y � E idp 3g3xi Lli At5[B .SaI�. .y ! 0 2 _ zzz ICI � A ZI 10 90 10.1 E4.M��o 5 3 O I ,r 1 I ^ 6 10, IZI I0I ul I Izl 0 1� I I I I i y3 'I l of I n ;1 JI r uI �I ill L- --- -- - - r oz >o U Z m W o � C d. M d► O CDP ti W IOUo6 wo Z wN J J 7 Lo C] �yw F- O z�a U W Wre LLJ J p UJ ,< cZ ti z ci J � CL � U' Z . cQ. 0 O U U F Z W n M O J W wo o ca wo CO Wo N y LU CD O U Qa w w z Jfn 0 a W c3 `E r� LU W LU W LL O d w Public Public Planr)ing - January 23, 2008 AMENDMENT NO. TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA Public Planning - January 23, 2008 AMENDMENT NO. TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA The Amendment No. to the Official Plan forthe Town of Aurora Planning Area which was adopted by the Council of the Corporation of the Town of Aurora is hereby approved under Sections 17 and 21 of the Planning Act. Director of Development Services Regional Municipality of York -45- Public Planning - January 23, 2008 THE CORPORATION OF THE TOWN OF AURORA By-law !Number BEING A BY-LAW to adopt Official Plan Amendment No. The Council of the Corporation of the Town of Aurora, under Section 17 (22) of the Planning Act, RSO 1990 Chapter P. 13 as amended, hereby enacts as follows: Official Plan Amendment No. _forthe Town of Aurora, consisting of the attached explanatory text and schedules, is hereby adopted. 2. The Clerk is hereby authorised and directed to make application to the Regional Municipality of York for approval of Official Plan Amendment No. _ for the Town of Aurora. 3. This By-law shall come into force and take effect on the day of the final passage thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS DAYOF 12007. MAYOR B. PANIZZA, TOWN CLERK SEEN Public Planting - January 23, 2008 .This Amendment to the Official Plan for the Town of Aurora, which has been adopted by the Council of the Corporation of the Town of Aurora, is hereby approved in accordance with Section 17 (22) of the Planning Act, RSO 1990 Chapter P.13 as Amendment No. to the Official Plan for the Town of Aurora. -47- Public Planning - January 23; 2008 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE TOWN OF AURORA STATEMENT OF COMPONENTS PARTI: THE PREAMBLE.......................................................................................1 1.0 Introduction..............................................................................................1 2.0 Purpose of the Amendment....................................................................1 3.0 Location of the Amendment....................................................................1 4.0 Basis for the Amendment. ......... -- ........................... ............................. I PART it: THE AMENDMENT....................................................................................3 1.0 Introduction.............................................................................................. 3 2.0 Details of the Amendment.......................................................................3 2.1 Amendment to Schedules "A" and"H............. .............:...............3 2.2 Section 3.6.2e Site Specific Policy Areas....................................3 1.0 General Policies..................................................................3 2.0 Environmental Impact Study..............................................4 3.0 Land Use Designations.......................................................4 4.0 Transportation.....................................................................9 5.0 Servicing....................................................................:.....:.10 6.0 Parkland.............................................................................10 7.0 Implementation and Interpretation..................................10 Public Planning - January 23, 2008 PART I - PREAMBLE 1.0 INTRODUCTION This part of the Amendment entitled Part 1 - The Preamble, introduces the Amendment and describes the context and planning process leading to the document's preparation. It is for explanatory purposes only and does not.form part of the Amendment. 2.0 PURPOSE OF THE AMENDMENT The purpose of this amendment is to redesignate those lands currently identified as Site Specific Policy Area 3.6.2 a in the Official Plan for the Town of Aurora to permit the development of a residential/golf course community. Specifically, the effect of this Amendment Is to redesignate those lands identified on Schedule 'A -A' from "Oak Ridges Moraine Countryside Area" (Transitional) and "Oak Ridges Moraine Natural Linkage Area" (Transitional) to "Oak Ridges Moraine Countryside Area Estate Residential Exception" , Oak Ridges Moraine Natural Linkage Area Estate Residential Exception" and "Oak Ridges Moraine Natural Linkage Area Major Recreational Use Exception ".. 3.0 LOCATION OF THE AMENDMENT The area of this Official Plan Amendment consists of approximately 84 hectares (210 acres) of land described as part 2 of Plan 6513-11866 and Plan 65R-15508, comprising Part of Lots 11 and 12, Concession III In the Town of Aurora. The lands are located on the east and west sides of Leslie Street, north of Bloomington Road and in the vicinity of the BovairTrail Estate residential subdivision. The Amendment area is delineated more speciflcally on Schedule "A -A", attached hereto. . 4.0 BASIS FOR THE AMENDMENT 4.1 The area covered by this Amendment was originally designated Rural in the Town of Aurora Official Plan. The Town's Growth Management Study provided a basis for Official Plan Amendment (OPA)17. OPA 17Identifiied that limited residential use in a clustered development form and on communal services may be permitted on certain sites in the Rural Area, subject to site specific policies. 4.2 The Town of Aurora Official Plan, as amended by OPA 17 Identifies the subject property as a site specific policy area, Schedule H to the Official Plan as amended, establishes the subject land as Site Specific Policy Area 3.6.2 e, which states that: "The land Identified on Schedule H as 3.6.2 e (east) comprising Part Lots 11 and 12, Concession 111 are intended to be developed for high quality residences in a cluster arrangement that are serviced by a privately owned and operated communal wastewater treatment system and water supply system in accordance with the criteria identified in Section 6.2.3 c, the land Identified on Schedule H as 3.6.2 e (west), comprising Part Lot 11, Concession II may be used for a golf course to be developed in conjunction with the lands under the same ownership east of Leslie Street, provided satisfactory arrangements for a grade separated access Leslie Street can be made. These lands shall require an amendment O Public Planning - January 23, 2008 Part 1: The Preamble Page 2 to this Plan prior to any development taking place. The Amendment shall provide detailed policies to ensure that the golf course is developed and operated in a manner that the environmental values, function and process of the Oak Ridges Moraine will be maintained or enhanced:' 4.3 Official Plan Amendment No. 3 to the Region of York Official Plan placed the subject land in the Rural Policy Area of the Region of York. Golf courses are permitted In the Rural Policy Area subject to certain provisions. The residential condominium development facilitated by this amendment to the Aurora Official Plan is provided for by a specific policyin the Regional Official Plan which states: Notwithstanding the policies of this Section, the lands described as Part 2 of Plan 65R-11866 and Plan 65R-15508, comprising Part of Lots 11 and 12 Concession III, Town of Aurora, are intended to be developed for high quality residences in at cluster arrangement and condominium ownership. The development is intended to offer an alternative house form and lifestyle to that which is typicallyfound in existing neighbourhoods In the Town of Aurora. Such a development will be serviced by privately owned and operated communal wastewater treatment systems and water supply system in accordance with the criteria In Policies 5.13.4 and 5.13.5 (b) and (c) of this Plan and the following: a) prior to any development taking place, approval of an amendment to the area municipal official plan supported at a minimum by the following; i) a market support study ii) an engineering report III)an environment and landscaping analysis iv)an economical/fiscal impact analysis confirming the viability of the proposal and the proposed economic benefits to the municipality. b) overall density of development shall generally be compatible to that achieved through estate residential policies of the area municipal plan and shall be determined through supporting environmental and servicing studies; c) design shall effectively screen development from arterial roads and existing uses through sensitive siting and landscaping. Access shall be from internal paved roadways constructed to municipal standards and designed to discourage through traffic. 5.13.4An economic/fiscal impact analysis be completed to confirm the financial viability of the proposal, the proposed economic benefits to the Region and to ensure that the local and Regional financial impacts are accounted for in keeping with Policy 7.3.8 of this Plan. 5.13.5 Small scale residential developments may be permitted as an accessory or secondary use to established resort/recreational developments, subject to the following: b) servicing by a privately owned and operated communal wastewater treatment system and privately owned and operated communal water system, as approved by a Class Environmental Assessment or equivalent process which includes the following: i) an inventory of the existing environment and possible impacts; ii) evaluation of alternatives in consultation with affected agencies; it!) preliminary design of the preferred alternative, that will ensure construction of collection and distribution systems to municipal standards; iv) specifications of the interrelationship with the adjacent recreational use; and, -50- Public Planning - January 23, 2008 Part I: The Preamble Page 3 v) preparation of a maintenance, monitoring and system failure contingency plan; c) a Responsibility Agreement(s) being executed for the communal wastewater treatment and water systems, identifying among other things: i) operation and maintenance standards; ii) definition of default and required remediation; ill) financial guarantees that no public funds will be required in the case of a malfunction; iv) easements, rights of entry and inspection; and v) monitoring systems;" A Master Environmental Servicing Plan (MESP) was prepared in support of this amendment. The MESP is comprised of an Environmental Report; a Water Supply Study; a Detailed Hydrogeological Study; an Addendum Report to the Water Supply Study and detailed Hydrogeological Study; a Functional Servicing Report; and a Golf Course Grading Plan and Course Rehabilitation and Planting Plan. The MESP was supplemented by an Addendum as requested by Toronto and Region Conservation Authority (TRCA). The MESP and Addendum supporting this Amendment were submitted to the Town of Aurora and TRCA for review and approval. In addition other reports were submitted to the Town in support of this amendment including a Fiscal Impact Analysis, a Golf Course and Residential Market Demand Assessment, a Heritage ImpactAssessment, an Archeological Study, and a Noise Impact Study 4.5 The Official Plan requires that the lands be developed on communal services. Topography and natural drainage dictate the location of servicing facilities. 4.6 The lands subject to this amendment are within the Oak Ridges Moraine Planning Area. As required, both the Regional Official Plan and Town Official Plan have been amended to bring the documents into conformity with the Oak Ridges Moraine Conservation Plan. The Regional and Town planning framework recognizes the Transitional status of the development. The Town of Aurora Official Plan now designates the subject property partly as "Oak Ridges Moraine Coutryside Area" (Transitional) and partly as "Oak Ridges Moraine Natural Linkage Area" (Transitional), The proposed development has addressed the features and natural resources within the area in the context of the Oak Ridges Moraine Transitional Prescribed Provisions. -51- Public Planning - January 23, 2008 PART 2 - THE AMENDMENT 1.0 INTRODUCTION All of this part of the document entitled Part 2 - The Amendment, consisting of the following text and attached map, designated Schedule "AA" ( Land Use Plan), constitutes Amendment No. to the Official Plan for the Town of Aurora, 2.0 DETAILS OF THE AMENDMENT 2.1 Amendment to Schedules "A" and "H" of the Official Plan as Amended by OPA No. 17 and further Amended by OPA. No. 46 a) Schedule "A" of the Official Plan is hereby amended by removing certain of the lands from the "Oak Ridges Moraine Countryside Area" designation and denoting on Schedule 'A' that those lands are designated "Oak Ridges Moraine Countryside Area Estate Residential Exception". Schedule "A" is further amended by removing certain of the lands from the "Oak Ridges Moraine Natural Linkage Area" designation and denoting on Schedule "A" that those lands are designated "Oak Ridges Moraine Estate Residential Exception", Schedule "A" of the Officia(Plan is further amended by removing certain of the lands from the "Oak Ridges Moraine Natural LlnkageArea" and denoting on Schedule "A" that those lands are designated "Oak Ridges Moraine Natural Linkage Area Major Recreational Use Exception". All of which is delineated on Schedule "A -A" and In accordance with the Policies of Official Plan Amendment b) Schedule "H" of the Official Plan as amended by OPA No. 17 Is hereby updated to include the following notation "3.6.2 o — In accordance with OPA No. 11. 2.2 Section 3.6.2 a Site Specific Policy Areas of the Official Plan as added by OPA No. 17 is hereby replaced by the following: Section 3.6.2 e: 1.0 General Policies: "The land Identified on Schedule H as 3.6.2 a (east) comprising Part Lots 11 and 12. Concession III are intended to be developed for high quality residences in a cluster arrangement that are serviced by a privately owned and operated communal wastewater treatment system and water supply system In accordance with the criteria identified in Section 3.6.2 c. The land identified on Schedule H as 3.6.2 a (west), comprising Part Lot 11, Concession II maybe used for a golf course to be developed.in conjunction with the lands under the same ownership east of Leslie Street, provided satisfactory arrangements for a grade separated access across Leslie Street can be made, all development shall occur in accordance with the environmental reports and addendum's submitted in support of this amendment. These reports -52- Public Planning - January 23, 2008 Part 11: The Amendment Page 5 are contained in the approved Master Environmental Servicing Plan (MESP) dated September 2005 and revised August 2006, These reports include the following: o Environmental Report, August 2006 prepared by Ages Consultants Limited in association with Gray Owl Environmental Inc, o Water Supply Study, August 2003 prepared by JaggerHlmms Limited o Detailed Hydrogeological Study, August 2005 prepared by Jagger Himms Limited o Water Supply Study and Detailed Hydrogeological Study Addendum, August 2006 prepared by Jagger Hims Limited o Functional Servicing Report, August 2005, revised August 2006 prepared by Sernas Associates o Clearing and Rehabilitation Planting Plan, August 2, 2006 prepared by Carrick Design Inc. • Consideration shall be given to the implementation of a post development monitoring program to determine Impacts on the environmental protection area and to recommend any mitigative measures. • Consideration shall be given to obtaining certification pursuant to the Audubon Program for Golf Course Management. 2.0 Environmental Impact Study An Environmental Impact Study, incorporated within the approved MESP, has boon prepared which addresses the following: 2.1 Assessment of Potential Impacts Proposed Development Concept Net Effects Assessment Short -Term Environmental Impacts Long -Term Environmental Impacts Proposed Mitigative Measures 2.2 Environmental Management Plan Ecological Management Requirements and Objectives Buffer Zones Definition and Utility of Buffer Zones Buffer Zone Widths — A Review Site -Specific Buffer Management Recommendations Re-vegetatlon and Restoration Areas Environmental Guidelines for Golf Course Design and Management Site -Specific Guidelines 3.0 Land Use Designations 3.1 "Oak Ridges Moraine Countryside Area Estate Residential Exception" within the Site Specific Policy Area shall be comprised of -53- Public Planning - January 23, 2008 Part ❑: The Amendment _ Page 6 residential units of condominium tenure and shall be serviced with communal water supply and waste water treatment facilities. Accessory uses and home occupations which are accessory to the residential use and compatible with the residential environment may also be permitted. 3.2 "Oak Ridges Moraine Natural Linkage Area Estate Residential Exception" within the Site Specific Policy Area shall be developed in accordance with the policies of the "Oak Ridges Moraine Countryside Area Estate Residential Exception" designation 3.3 Estate Residential Units The maximum number of units permitted within the "Oak Ridges Moraine Countryside Area Estate Residential Exception" and "Oak Ridges Moraine Natural Linkage Area Estate Residential Exception" designations shall not exceed an. aggregate of 75 units 1, 3.4 "Oak Ridges Moraine Natural Linkage Area Major Recreational Use Exception" The lands that are designated "Oak Ridges Moraine Natural Linkage Area Major Recreational Use Exception" are comprised of those lands on Schedule "A" to the parent Plan that are designated "Oak Ridges Moraine Natural Linkage Area "(Transitional). A golf course Is permitted within this designation in the Site Specific Policy Area in accordance with the approved MESP and in accordance with the policies of this amendment. 3.5 Golf Course Development - Special Policy Area 3.6.2.e A Golf Course is permitted on lands designated "Oak Ridges Moraine Natural Linkage Area Major Recreational Use Exception" and on lands designated "Oak Ridges Moraine Countryside Area" which are located within the Site Specific Policy Area. Golf course development shall be in accordance with the approved MESP. Golf Course development shall also complywith the following Policies: a) An eighteen hole golf course Including clubhouse facilities and incidental ancillary uses relating to the golf course are permitted. b) A portion of the golf course is intended to be located. within the Bloomington ESA #93 and on a portion of the White Rose Spillway. Notwithstanding the provisions of Sections 3.11.1.1, 3.11.1.3,111.1.4 and Schedule "D" to the Aurora Official Plan, Intrusions of the golf course Into Bloomington ESA #93 will be permitted subject to compliance with the policies of this Official Plan Amendment. c) Despite the golf course intrusion into the Environmentally Significant Area, the wetland function shall be maintained and enhanced without any loss of wetland function, in accordance with the approved MESP. -54- Public Planning - January 23, 2008 Part II: The Amendment Page 7 d) The approved MESP shall be implemented through a site plan agreement to be executed prior to commencement of construction. The approved MESP addresses the following objectives: maintenance of hydrologic functions (groundwater discharge and flood storage); 11) maintenance of water quality to a degree which is acceptable to the Town in consultation with the relevant agencies; III) maintenance of wildlife linkages across the landscape; iv) maintenance of wetland/upland connection within the wetland to maximize wildlife habitat potential; v) no net loss of diversity of wetland vegetation types; and A) no net loss of blodiversity of the wildlife community. e) The golf course shall be developed through the site plan approval process and the design shall be consistent with and in accordance with the findings, objectives, recommendations and Implementing measures emanating from the approved MESP and any otherstudlas or requirements of this Official Plan Amendment. The golf course shall be designed by a qualified golf course architect. f) Modifications to the golf course development scheme, resulting from detailed environmental considerations, detailed design studies orotherspecial studies required by the Town of Aurora may be permitted. Such modifications shall not require an amendment to this Plan provided that the proposed revisions, in the opinion of the Town, in consultation with the relevant agencies, represent sound environmental and land use planning. g) The proponent shall submit in support of the site plan application the following golf course design details in addition to the details included in the MESP; a layout plan outlining the locations of all holes Including a description of the species and areas of all vegetation to be affected; a) the layout plan shall provide that tees and access paths within the wetland will be constructed in an ecologically compatible manner; ii) drainage plans showing tile outlet locations with appropriate diffusers; iii) grading plans depicting pre -and -post -development contours to demonstrate landform conservation as well as temporary stockpile locations, steep slopes and stabilization requirements; iv) a sediment and erosion control plan for implementation at the construction stage; R'$1M Public Planning - January 23, 2008 Part II: The Amendment Page 8 v) phasing of construction; A) a storm drainage plan which demonstrates quality and quantity controls that are integrated with the plans for the remaining development area; and vit) staking In the field by a qualified professional the limits of construction areas to be protected, plants or plant groupings to be relocated and trees to be preserved. h) The proponent of the golf course shall prepare and submit with the Site Plan Application, an Environmental Golf Course Management Plan and Maintenance Protocol to guide the operation of the site and ongoing maintenance of the golf course. The procedures may Include state of the art techniques for well monitoring, water usage monitoring, measuring the rate of wetland regeneration; and Joint inspection procedures with the Town, relevant agencies and the Town's environmental consultants. The Plan will address to the satisfaction of the Town: irrigation systems and operations procedures; II) a water conservation strategy which minimizes the use of water by utilizing a variety of conservation techniques including the installation of state of the art irrigation, turf grass management, Best Management Practices for storm water and the selection of appropriate vegetation. The water conservation strategy will also identify methods of protecting and maintaining infiltration and the Integrity of groundwater quality and quantity. The water conservation strategy will be reviewed and approved by the Town in consultation with the relevant agencies; III) an integrated pest management plan, including environmentally sound methods to minimize chemical fertilizer and pesticide use; lv) turf and rough maintenance practices; v) building, road and servicing maintenance requirements and practices; vi) a monitoring program for the shallow groundwater system to document pre -and post -construction groundwater quality; vii) a set of performance targets for water quality against which to assess the monitoring data; viii) a protocol for addressing water quality targets which are exceeded; ix) a monitoring program for wetland/upland vegetation in disturbance areas, edge zones and protected areas; and -56- Public Planning - January 23, 2008 Part II; The Amendment Page 9 x) a protocol for addressing wetland/upland vegetation monitoring results, The Golf Course Management Plan shall be prepared by an integrated team including a golf course architect, hydrogeologist, wetland biologist and stormwater management engineer. The study findings recommendations and measures shall be approved by the Town of Aurora and the relevant environmental approving agencies and form part of a site plan agreement to be executed prior to the development of the golf course. The aforementioned agreement shall contain provisions requiring the implementation of the Golf Course Management Plan and Maintenance Protocol on a continuous. on- going basis, and shall be binding on the operator and/or manager of the golf course, if other than the owner of the lands. j) It is the intent of this Plan and the Implementation techniques emanating from the Plan that the golf course Maintenance Protocol shall be premised on golf course maintenance practices which are conservative. Applications of fertilizer and pesticides shall be used only on a minimal basis. Industry Guidelines for integrated pest management shall be used. In addition, the.site plan agreement shall provide that the application of chemicals should, to as great an extent as possible, be at times when there Is a low likelihood of precipitation for a few days following. The owner shall further agree in the site plan agreement to retain the services of a qualified golf course superintendent to Implement a program of .turf management minimizing areas of managed turf, to ensure that state of the art, environmentally sound, methodologies will be applied on an on -going basis. k) The Town of Aurora shall retain a qualified environmental consultant, at the expense of the proponent, to review the proposed golf course design, maintenance plan, and the various implementing studies and reports to insure that the policies of the Official Plan and this Secondary Plan are adhered to priorto, and during construction of the golf course. The Town's environmental consultant may make additional recommendations to be incorporated into the site plan agreement to implement the intent of the policies of this amendment. The environmental consultant shall take an active coordinatorlfacilitator role to assist the Town In obtaining clearances from the environmental approving agencies. The Town of Aurora shall appoint a qualified on -site environmental inspector mutually agreeable to the Town and the proponent at the expense of the proponent, to monitor the implementation of the recommendations of the environmental consultant and to monitorthe fulfillment of the environmental objectives of the site plan agreement and this amendment. The qualifications, function and authority of the environmental Inspector Including a construction "stop work" authority shall be set out in the site plan agreement between the proponent and the Town. In considering the removal of any zoning holding symbol from lands designated In the Golf Course category, Council shall be satisfied that the reports, studies, and design requirements contemplated for the golf course are complete to the Town's satisfaction, and approved by -57- Public Planning - January 23, 2008 Part Ut The Amendment � - page 10 the Town in consultation with the relevant agencies, and further that the site plan agreement contemplated has been executed by Council. m) The golf course clubhouse and any future ancillary facilities contemplated within the golf course lands shall be developed on the basis of communal water and sanitary services. Accordingly, prior to any development of uses on such communal services, the Regional Commissioner of Environmentai Services shall advise that a Responsibility Agreement has been executed between the proponent and the Region. 4.0 Transportation — Road and entrance locations a) The location of the proposed access to Leslie Street is subject to approval by the Region of York. b) A grade separation will be required linking the proposed golf course on the east and west side of Leslie Street. This grade separation will facilitate safe pedestrian and golf cart movement while preserving the arterial road function of Leslie Street. The timing for this grade separation will be determined by the Region of York. 5.0 Servicing a) Prior to approval of draft plans of subdivision, draft plans of condominium or site plans, Functional Servicing Plans shall be prepared and approved by the Town of Aurora in consultation with the Region of York, the Lake Simcoe Region Conservation Authority and the Toronto and Region Conservation Authority, Development approvals shall require the Implementation of the findings and recommendations of the Functional Servicing Plans. b) Functional Servicing Plans, shall address specific servicing requirements and their environmental impacts and influence on development design. This Includes stormwater management, sanitary, water, roads and site grading requirements. The terms of reference for Functional Servicing Plans shall be prepared to the satisfaction of the Town of Aurora. c) Stormwater management shall be provided to, as a minimum, attenuate future flows from the 2 year through 100 year events to existing levels and provide quality control treatment in accordance with Provincial guidelines. The stormwater management and water quality control component of the Functional Servicing Plan shall be undertaken to the satisfaction of the Town of Aurora in consultation with the agencies. The study shall outline measures and recommendations for proper stormwater management techniques as well as erosion and sedimentation control measures to be employed on -site both during and after construction. This required stormwater management and water quality control study shall be carried out in conjunction with and be consistent with the golf course Environmental Management Plan required by this Secondary Plan, 6.0 Parkland Parkland dedication shall be In accordance with Section 3.5 of the Official Plan. Any lands dedicated for parks shall be in a location and condition acceptable to the Town. Public Planning - January 23, 2008 Part IT: The Amendment Pine ll 7.0 Implementation and Interpretation The implementation and Interpretation of this Amendment shall be In accordance with the respective policies of the Aurora Official Plan. 1'0'10 Public Planning - January 23, 2008 J ~ Q ¢ W W OOW Q 4 Q o ow OO Z =off¢ U1— ) J V1 Q 4 \ \ rah l I ICI •o �'�'"°>I I IZI / II I ICI J Q MI 4�IOw O zl OU �o i '< p O a o 0 o a o�w.l LON IND mlol -' I �loI > IJI I mlml � 1u( I ¢ I I m yWO11 I51 ! I I Public Planning - January 23, 2008 SERNAS ASSOCIATES EXECUTIVE SUMMARY TO MUNICIPAL CLASS EA The Westhill Environmental Study Report has been prepared to present the documentation of the Municipal Class Environmental Assessment (Class EA) process that has been undertaken for this project. The study serves as the Environmental Study Report as defined in the Class EA process. Westhill has submitted development applications under the Planning Act for a golf course/res.idential development in the Town of Aurora. The subject lands consist of two parcels, one west of Leslie street, and one east of Leslie Street in the Town of Aurora within the Regional Municipality of York. The lands west of Leslie Street are approximately 25.4 hectares and are more precisely described as Part of Lot 12, Concession 2 in the Town of Aurora. The lands east of Leslie Street are approximately 56.5 hectares and are more precisely described as Part of Lots 11 and 12, Concession 3 in the Town of Aurora, It is proposed that an 18-hole golf course be constructed on these lands, along with a clubhouse .and associated parking lot, and a 75-unit residential condominium development built on an urban style roadway. In order to implement the development application, new infrastructure will be required including: • _ A new communal sanitary system, to be implemented such that wastewater from the clubhouse and residential development is collected, treated, and adequately disposed of. • A new communal water supply system, including source, treatment, and distribution, to service the needs of the clubhouse and residential development, • Improvements to Leslie Street to meet current Regional standards. The road fronting the site is currently non -engineered, and as such improvements are required in order to safely accommodate the proposed access road to the residential development as well as the driveway to the golf course clubhouse. + A new golf cart crossing of Leslie Street will be required for safe and efficient Passage of golf course users and maintenance vehicles between the holes located on the east and west sides of Leslie Street. • On -site storm water management facilities, for the treatment of the quality and quantity of runoff associated with the residential development and the golf course clubhouse/parking facility. In order to confirm the preferred type and location of this infrastructure based on the problem statements noted above, Westhill has undertaken the Municipal Class integrated EA approach (Section A.2.9) combining Planning Act and Environmental Assessment Act approvals, as documented within this report. Note that Westhill has previously prepared and submitted a detailed Master Environmental Servicing Plan (MESP), August 2006 (Addendum issued February 27, 2007), which provides background information that has been used to assist in completion of the Westhill Environmental Study Report, A significant amount of consultation with review agencies has been completed through the teams work on the MESP. Since 2005, formal comments have been received from the Region of York and Toronto and Region Conservation Authority (TRCA), and pre -consultation was held with Ontario Ministry of Environment (MOE) staff. The focus of the dialogue along with the -61- Public Planning - January 23, 2008 formal comments received was on the mitigation of environmental irnpacts related to the proposed development. The public consultation undertaken as part of the A.2.9 process included two Public information Centres (PICs), which were held in the Aurora Public Library in March and May of 2007, The meetings were intended to present existing conditions information related to the site (environmental, hydrogeological, surface drainage) and to present the alternative and preferred solutions for the required infrastructure. The format of the meetings consisted of numerous display boards that provided information related to study process, existing environmental conditions, the proposed site plan, and alternative and preferred solutions. Staff from the consulting team were present to provide information and to answer questions of those in attendance. The most frequent concern that arose through t supply and the impact of the proposed on -site evaluation prepared as part of the MESP, the negligible. e public consultation process related to water well. As documented in the hydrogeological impact of the proposed water taking will be A brief description of the preferred designs that have been finalized on a preliminary basis as part of this study is provided below. The preferred potable water system for the site is the use of a communal well as the water source, with a communal treatment and distribution system for the development. The preferred method of treatment is multi -stage filtration, primary disinfection using an ultraviolet (UV) radiation system and secondary disinfection using liquid or gas chlorination to provide for the safe and reliable supply of drinking water. The potable drinking water treatment system will be fully instrumented to allow full - automated control of the system, with alarm call -out features and remote monitoring features. The preferred location for the drinking water treatment plant is beside the central pond on the east side of Leslie Street. A communal collection and treatment system is the preferred solution for the sanitary system. A proprietary Sequenced Batch Reactor or Rotating Biological Contactor technology in a package plant format is recommended for treatment. The preferred discharge is direct to storage reservoir(s), with treated effluent being re -used on the golf course for irrigation. The preferred wastewater treatment plant location is northwest of the clubhouse, which has appropriate setbacks from existing and potential new developments in the area, The preferred solution for stormwater management (SWM) for the residential component of the development has been identified as a wet pond SWM facility, which is to be integrated with a pond feature required as part of the golf course design. For the clubhouse portion of the site, the end -of -pipe control will be an oil -grit separator.that will outlet to a storage reservoir. These end -of -pipe solutions will allow the collection of as much runoff as possible for irrigation, which is in agreement with the preferred water supply scheme developed for the site. The preferred solution. for the golf course crossing is an underpass structure under Leslie Street complete with any required retaining walls to bring the route back to designed grade on either side of the crossing. The underpass is to be located south of the driveway intersection, which was the preferred location as it is more functional with respect to course play and is located within the section of Leslie Street that will be subject to a vertical reconstruction. -62- Public Planning - January 23, 2008 To Improve the existing road crest vertical curve north of govair Trail to accommodate the entrances, a vertical re -alignment of Leslie Street is proposed based on the required minimum vertical curvature (K value of 25) for the design speed of 70 km/h. The length of the re -alignment is approximately 200 metres resulting in a re -aligned crest approximately 1.5 metres below the elevation of the existing crest. The site intersection is proposed to be located verynear the crest of the re -aligned vertical curve. The development will have positive benefits/improvements to the environment by converting agricultural uses to more permanent vegetation communities with enhanced vegetation plantings. All significant environmental features will be protected and buffered, within a substantial Minimum Vegetative Protection Zone. The principal environmental impacts resulting from the proposed works are mainly short-term and construction related. The effects will be mitigated through the .preparation and implementation of a construction plan that will address erosion and sediment control as well as .continuous traffic movement along Leslie Street. The main permanent effect of the proposed works is a loss of vegetation within the construction areas. This will be compensated for by the significant increase in permanent vegetative cover across the site. -63- Public Planning - January 23, 2008 The Planning Act applications have been referred to the Ontario Municipal Board (OMB). A hearing on the applications has been scheduled to commence November 26th, 2007 in the Council Chambers of the Town of Aurora. Approval of this application by the OMB will fulfill the requirements of the integrated approach (Section A.2..9) of the MEA Municipal Class EA. Therefore please note that if a party does not agree with the recommended solutions as noted in this Study, they must notify and appear before the Ontario Municipal Board on the date noted. For further Information, please contact: Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1 E5 Telephone: 416-326-6800 or 1-866-887-8820 Fax: 416-326.5370 OMB File: PL030997 OMB Caseworker: Mr, T. Kondinski (416-326-6799) Note that Certificates of Approval from the Ministry of the Environment will be required for the communal potable water, wastewater and stormwater management systems before these systems may be installed. In addition, Westhill will be required to enter into a Responsibility Agreement and Site Plan and/or Development Agreements as may be determined by the Ontario Municipal Board. 1111:LM Public Flaing Min tes 01-31 Public PlanningJanuary 23, 2008 APPENDIX 2 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-OOA OMB Case File: PL030997 OMB File No.: 0030373, Z030149 and S030085 Planning Staff The Manager of Development Planningprovided a description of the application and reviewed the con, the report, outlining the location of the property and current uses of the subject and surrounding Ian, Manager of Development Planning then provided the following overview: The subject Official Plan, Zoning, Draft Plan of Condominium applications have been under review for number of years, including revised applications which were deemed by the Town to be complete in 21 have been appealed to the Ontario Municipal Board (OMB). Previous to that in December 1992 the oe appealed a Draft Plan of Subdivision application to the OMB. The applicant has recently submitted a r Draft Plan to the Region of York and has requested that the OMB also consider that appeal. The print the development of the subject lands as a maximum 75 unit residential condominium and 18 hole go community has been established through the previous review and amendments to both the Region's Town's Official Plans. The lands are within the Oak Ridges Moraine (ORM) and as such are subject to the prescribed provisi 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 water treatment facility. The owner has submitted a detailed Master Environmental Servicing Plan (M support the application and has responded to department and agency comments as provided to date owner is conducting an Independent Environmental Assessment (EA) for the servicing of the lands, w also been appealed to the OMB, The ultimate responsibility and the majority of risks for any failure o,. 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 Moraine Conformity Plan (ORMCP), with the polices of the Town's OP as set out in the staff report the meeting a series of requirements, including providing OP polices to guide the development of the pro ensure conformity with the ORMCP, the Town's Official Plan (OP) including OPA # 48, detailed Officia Policy, By-law standards and conditions of draft plan of condominium & subdivision are required and prepared. The OMB hearing to consider the application is currently scheduled for a three week hearing commen 7, 2008. A subsequent report will be prepared for Council consideration and direction on these applications. Cr the Town will be addressing Council prior to the OMB Nearing date. Councillor Wilson arrived at 8:22 p.m. Appl can)VAgent Mr. Mike McQuaid, Solicitor for Westhill Redevelopment Company Limited, addressed Council to provi overview of the application and to introduce the various experts on the team: littp://www,lown.aLtrora.on.ca/aurora/index.aspx?AlpcleID=1664&lang=en-CA 1/15/2008 P iblic Planning Minutes 07-31 Public PPlanning - January 23, 2008 G Mr, Derek Coleman - Environmental Consultant 0Mr. Doug Jagger - Hydrogeology and Geology 0 Mr. Doug Carrick - Golf Course Designer 0 Mr, Ken Chow - Sernas Group - Stormwater Management 0 Mr. Glen Easton - Sernas Group, Planner 0 Mr, Mike Jones - Azimuth Environmental Consultants - Sanitary Servicing Communal Systems 0 Mr. Ray - Sernas Group - Road Improvements 0 Mr. Reg Webster - Sernas Group - oversees all consultants O Mr. Lloyd Cherniak - Executive Vice President - Lebovic Enterprises Mr. Derek Coleman addressed Council to review the site, indicating that it is agricultural in nature wli significant wetlands, valley and forest areas. Mr. Coleman advised that the natural features have bee protected and buffers have been allocated, adhering to the ORMCP. Mr. Coleman advised that the pe consultant has raised some Issues which will be addressed in order to have them resolved to move tf forward. Mr. Doug Jagger addressed Council to review the hydrogeology and geology of the site, indicating thi sufficient quantity and quality of water for the development. Mr. Jagger confirmed that the taking of the site will not interfere with any other groundwater or surface water resources in the area. Mr, Jagi advised that a hydrogeology study was undertaken in order to review concerns by the Toronto Regio Conservation Authority (TRCA), including concerns relating to the effect of development on recharge ORM, water quality aspects, and compliance with some functions of the ORM. Mr. Jagger advised tha development proceeds as proposed, it will not have a negative impact on water resources from a qua 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 clu detached condominium residence and a golf course. Mr. Chernlak advised that a determination must made as to who would have ownership of the wooded land and that Lebovic Enterprises has agreed t Autobahn Golf Course Society. PubJI c,Q0mmen.ts Mr. Jakob Mol, 150 Westview Drive, addressed Council to state that a proposal for 96 homes on the I question was submitted in 1985 and Council, at that time, decided it was premature due to lack of se water. Further to this, Mr. Mol advised that the water in his well has dropped 68 feet over the past 21 years. Mr. Mol also suggested that another golf course is not necessary, as there are three golf cours 1/4 mile of the site. Further, Mr. Mol suggested that transportation should be available on Leslie Stree, high density development. Mr. Rodney Northey, Birchall Northey LLP, made a presentation to Council on behalf of four property the vicinity of the proposed development. Mr. Northey raised questions pertaining to but not limited I following: 0 the protection of sensitive features 0 the protection of water resources 0 water balance 0 infiltration. 0 evapotranspiration pJ golf course Irrigation from waste water effluent and storm water 0 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 C not yet made a decision on the matter, to which the Director of Planning responded that the applican 66- http://www.town.aurora.on.ca/aLrora/index.aspx?ArticlelD=l 664&lang=en-CA 1/15/2008 rumic rAamung iviinutes v t -y t Public Planning - January 23, 2008 the application in 2000, with no decision made by Council and then an appeal was made in 2003, wh applicant has the right to do. Mr. Wehrenberg made inquiries about the natural linkage areas and als stated his support of the use of permeable paving. Mr. Gordon Barnes, 11 Catherine Avenue, suggested that the development does not fit the definition "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 Moved by Councillor McRoberts Seconded by Councillor Wilson THAT the meeting be extended to 11:05 p.m. CARRIED The public portion of the meeting closed at 11:01 p.m. and Council's deliberations began. Moved by Councillor Buck Seconded by Councillor Gaertner THAT Council receive staff report PL07-136 related to Official Plan and Zoning By-law Amendment Ar and Proposed Plan of Condominium Application on lands owned by Westhill Redevelopment Company Files: D09-04-00, D14-12-00 and D07-03-OOA; 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 P 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 add issues raised by the residents' representative. The main motion was CARRIED AS AMENDED. IV READING OF BY-LAWS Moved by Councillor Wilson CARRIED Seconded by Councillor Buck THAT the following listed by-law be given 1st 2nd and 3rd readings, and enacted: http://www.town.aurora.on.ca/aurora/index.aspx?AAZIeID=1664&lang=en-CA 111512008 Public Planning - January 23, 2008 IT Public Planning - January 23, 2008 Public Planning Meeting, January 23, 2008 APPENDIX 3 Oak Ridges Moraine Conservation Act conformity: Town Potable Water supply: MOE, Region of York, TRCA Waste Water Treatment System: MOE, Region of York Storm Water Management: MOE, Town, TRCA Site Servicing, internal road system : Town Grading, sediment and erosion: Town, TRCA Responsibility Agreement related to maintenance, monitoring and system failure . contingency of Potable water supply and Waste water sewage treatment .systems: Region Zoning (including H provisions): Town Provision of utilities and services: Town, Powerstream, Utilitiy provider Notice to purchasers, restrictive covenants: Town Market Report, Risk Analysis, Fiscal Impact: Town, Region Development Charges and Parkland dedication: Region, Town Environmental land and trail decications: Town, Region, TRCA Vegetation Preservation and Landscaping: Town, Region, TRCA Golf Course Management Plan, Pest management certification, and 'audubon' sanctuary status: Town, TRCA Architectural Design Guidelines: Town Cultural Heritage preservation: Town External Road Works and Widenings: Region Fire fighting facilities and access: Central York Fire Fighting Services Public Planning - January 23, 2008 Noise controls: Town, Region Geotechnical reports: Town Building permits: Town Archaeological resources: Ministry of Culture and Recreation Subdivision Agreement: Town, Region Site Plan Agreement: Town, Region Condominium Agreement: Town, Region -70- Public Planning - January 23, 2008 APPENDIX 4 THE REGIONAL MUNICIPALITY OF YORK Planning and Economic Development Committee January 16, 2008 Report of the Commissioner of Planning and Development Services WESTHILL (AURORA OPA) ONTARIO MUNICIPAL BOARD APPEALS 1. RECOMMENDATIONS It is recommended that: 1. The Ontario Municipal Board (OMB) be advised that York Region supports the local Official Plan amendment, the draft plan of subdivision, and the draft plan of condominium by Westhill Redevelopment Company Limited in Aurora, subject to the resolution of any outstanding issues and any housekeeping modifications to the Official Plan Amendment as required. 2. Regional staff be authorized to prepare conditions of draft approval that ensure all municipal policies and standards are met in the related plan of subdivision and plan of condominium including the requirement for the applicant to execute a Responsibility Agreement with York Region, Regional.staff will continue to work with local staff to resolve any outstanding issues, 3. Regional staff be authorized to appear at the OMB to submit conditions of draft approval for the plan of subdivision and condominium in support of the Regional position. 2. PURPOSE The purpose of this report is to recommend support for the approval of an Official Plan Amendment, a plan of subdivision, and a plan of condominium in Aurora by Westhill Redevelopment Company Limited, subject to the resolution of any outstanding local issues and any housekeeping modifications to the Official Plan Amendment as required, in accordance with approved Regional and local plans. In addition, the report seeks Council's authorization to prepare conditions of draft approval for the related plan of subdivision/condominium and Responsibility Agreement for the communal water and wastewater facilities, and to appear at the OMB Hearing commencing April, 2008 in support of the Regional position. Planning and Economic Development Committee January 1e, 2008 -71- Public Planning - January 23, 2008 Westhill (Aurora OPA) Ontario Municipal Board Appeals 3. BACKGROUND This section provides the legacy of the initial Regional and local policies that establish the process to permit this specific alternative rural development, including a brief description, location, and history of the applications on the lands. 3.1 Description, Location, and History of the Applications The subject lands are located on the east and west sides of Leslie Street, just north of Bloomington Road in the Town of Aurora (Attachment 1). The lands are located on the Oak Ridges Moraine and are approximately 80.7 hectares (200 acres) in size. In December of 1988, the applicant filed a draft plan of subdivision for 95 detached residential lots on the subject lands (19T-88105). In February of 1990, the subdivision plan was revised to 59 lots and on December 19, 1991, the applicant appealed the subdivision plan to the OMB. However, matters were held in abeyance pending a review of the Aurora's Official Plan. 3.1.1 ROPA 3 — Urban Expansion For Aurora Includes Westhill Lands As An Alternative community V�%j Subject Lunds One of the results of the Official Plan review was that an urban expansion was deemed necessary, which in turn required an amendment to the York Region Official Plan. The implementing Regional Official Amendment No. 3 (ROPA 3) came into effect on July 27, 1998, This included a site specific policy (5.9.11), permitting the Westhill lands to be developed for residences in a cluster arrangement and condominium ownership. This policy (5.9.11) states that this development will be serviced by a privately owned and operated communal wastewater treatment system and a water supply system in accordance with specific criteria as noted in Attachment No. S to this report, including the requirement for a site specific amendment to the Town of Aurora Official Plan. 3.1.2 Applications Submitted by West6ill as per Regional Plan On July 15, 1999, the applicant filed a site specific Official Plan Amendment with the Town of Aurora to redesignate the subject lands from "Rural" to "Estate Residential" and "Private Open Space" to facilitate, in accordance with policy 5.9.11, the development of a residential/golf course community. At the same time, the applicant filed a draft plan of condominium on the lands to permit 75 residential detached condominium units and common elements. The Town held a Public Meeting in January of 2001, however, in May of 2001, the Province placed a moratorium on development on the Oak Ridges Moraine and in, November of 2001, the Oak Ridges Moraine Conservation Act was approved by the Province. Planning and Economic Development Committee January 16, 2008 WPM, Public Planning - January 23, 2008 Westhill (Aurora OPA) Ontario Municipal Board Appeals On October 1, 2003, the owner (Westhill Redevelopment Company Limited) appealed the subject applications to the Ontario Municipal Board (OMB) due to a lack of decision by Aurora Council within 90 days. Over the last few years, the owner has been working towards resolving the environmental issues with respect to conformity with the Oak Ridges Moraine legislation, which permits the use (grandfathered), and residual issues related to meeting the prescribed provisions. The draft plan of subdivision (19T-88105) has recently been revised to show five blocks of land (Attachment 2) and the draft plan of condominium proposes a condominium development of 75 single detached residential units on Block 3 of the subdivision plan (Attachment No. 3). The clubhouse and the first seven holes of the golf course are proposed on the west side of Leslie Street, while the other eleven holes and the houses are proposed on the east side of Leslie Street (Attachment No. 4). 3.2 Similar Developments Approved in York Region Regional Official Plan Amendment No. 2 (ROPA 2) was approved in 1996, the purpose of which was to provide. for a very limited amount of resort recreational development in the Rural Policy Area of the Region of York, subject to certain criteria or performance standards. Subsequently, the King Valley, and Emerald Hills resort recreational developments and the Ballantrae golf course/residential development were built (see Attachment 6). These developments are serviced by privately owned and operated wastewater treatment plants and the King Valley and Emerald Mills developments are also serviced by privately owned and operated water treatment plants. Applicants of all three developments entered into Responsibility Agreements with York Region for the servicing systems. Section 3.1.4 of the Greenbelt Plan prohibits any further estate, and adult or lifestyle retirement communities in the "Rural Area" which are typically serviced by private communal systems. Therefore, the Westhill development should be the last residential proposal in the "Rural Area" in York Region to be serviced by a private communal system requiring a Responsibility Agreement. 4. ANALYSIS AND OPTIONS As discussed in the following sections, the proposed Official Plan Amendment, draft plan of subdivision, and draft plan of condominium conform to Provincial and Regional policy and represent good planning. There are financial, administrative, and technical matters with respect to the private communal servicing that will be included in the conditions of draft approval for the plans of subdivision and condominium. 4.1 Provincial Policy 4.1.1 The 1997 Provincial Policy Statement Applies The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development, The 1997 PPS is applicable to the Planning and Economic Development Committee January 16, 2008 -73- Public Planning - January 23, 2008 Westhill (Aurora OPA) Ontario Municipal Board Appeals subject applications and the applications have been reviewed against the policies. As required by the PPS, appropriate regard has been had to the 1997 policies with respect to development in rural areas, environmental or public health and safety, housing types and densities, and communal servicing. . 4.1.2 The Provincial Growth Plan Does Not Apply The policies of the.Provincial Growth Plan do not apply to the subject applications because they were submitted prior to June 16, 2006, 4.1.3 The Oak Ridges Moraine Conservation Plan Given that the applications were commenced before November 17, 2001, under the transitional provisions section of the Oak Ridges Moraine Conservation Act, the applications are required to conform to the "prescribed provisions" under Section 48 of the Oak Ridges Moraine Conservation Plan (ORMCP). Development is permitted, subject to certain sections of the ORMCP requiring no development occurs in Key Natural Heritage Features or Hydrologically Sensitive Features. The Toronto and Region Conservation Authority (TRCA) has commented that it is generally satisfied the current Master Environmental Servicing Plan (MESP) document conforms to the ORMCP from a policy perspective; however, it defers to the Town to ensure conformity of the applications with the ORMCP. The Town has hired its own peer review consultant, who has identified some hydrogeological and environmental issues with the applicant's proposal. While, the Region supports the approval of the OPA, it is subject to the resolution of the issues concerning the ORMCP, 4.2 Regional Official Plan Policy 5.9.11 permits the subject lands to be developed for high quality residences in a cluster arrangement and condominium ownership, subject to several criteria as noted in Attachment 5 to this report. As the proposal is proceeding by way of a local Official Plan Amendment, plan of subdivision, and plan of condominium, Regional staff relies on the Town of Aurora to ensure conformity of the applications with Policies 5,9.11 a) to c). The Region has determined conformity of the subject applications with Policies 5.13.4 and 5.13.5 (b) and (c) (Attachment 5), as discussed in the following sections. 4.2.1 Conformity to Policy 5.13.4 —Fiscal Impact & Risk Analysis Policy 5, t3.4 of the Region Official Plan (ROP) states that an economic/fiscal impact analysis shall be completed to confirm the financial viability of the proposal, the proposed economic benefits to the Region and to ensure that the local and Regional financial impacts are accounted for in keeping with Policy 7.3.8 of the ROP, In response to policy 5,13.4, a Fiscal Impact Analysis was submitted to the Region on November 8, 2007. The document has been reviewed and Staff has concluded that the proposed development will not adversely impact the Regional tax rate. Planning and Economic Development Committee January 16, 2008 -74- Public Planning - January 23, 2008 Wasthill (Aurora OPA) Ontario Municipal Board Appoals The applicant also submitted a Risk Analysis Report to the Region that identifies potential financial risks that might arise should the Region have to take over the operation of communal water and wastewater treatment facilities. The report concludes that, "while the Region cannot entirely insulate itself from risk because of the MOE [Ministry of the Environment] requirements under the Responsibility Agreement, this risk will be limited as long as the necessary safeguards are put in place." The "safeguards" referred to in the report include technically sound design of the systems, reciprocal agreements, cross -easements, and a letter of credit or other financial security. Transportation and Works and Infrastructure Planning Staff has reviewed the report, and subject to some increased operational cost estimates, they concur with the report's findings. The water treatment facility is not intended to provide firefighting capacity. Water for firefighting purposes is proposed to be drawn from the Stormwater Management Ponds and the Central York Fire Services Department has confirmed that this proposal is satisfactory. The conditions of draft approval for the plans of subdivision and condominium will ensure that infrastructure is designed to municipal standards. 4.2.2 Conformity to Policy 5.13.5 b) —Class Environmental Assessment In response to Policy 5.13.5 b), the applicant has held Public Information Centres in March and May of 2007 and has submitted a Master Environmental Servicing Plan and an Environmental Assessment Report. These documents were reviewed by the Region and several comments were provided to the applicant. A reply to our comments was submitted by the applicant on September 20, 2007 and was reviewed by staff from the Transportation and Works Department. Staff is satisfied that the primary issues have been resolved. The Town of Aurora has retained the firm of North -South Environmental Inc, to review several of the reports submitted by the applicant. The hydrogeologist, Mr. Norbert Woerns, has identified several matters that should be addressed by the applicant prior to the OMB blearing in April. While the Region concurs with the concerns of the Town, the Region's interests with respect to the protection of the Yonge Street Aquifer have been satisfactorily addressed. Prior to the execution of the Responsibility Agreement discussed below, the applicant will prepare a maintenance, monitoring and system failure contingency plan in accordance with Policy 5.13.5 b) v). The requirement fora maintenance, monitoring and system failure contingency plan will be a condition of draft approval for the draft plan of subdivision. 4.2.3 Conformity to Policy 5.13.5 c) — Responsibility Agreement With respect to 5,13.5 c), the requirement for the Owner to enter into a Responsibility Agreement with the Region will be a condition of draft approval for the draft plan of subdivision, The Responsibility. Agreement will be very similar to Responsibility Planning and Economic Development Committee January 16, 2008 W16111 Public Planning - January 23, 2008 Westhill (Aurora OPA) Ontario Municipal Board Appeals Agreement for the Clublink — Emerald ]-Tills development in Whitchurch-Stouffville, and will 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 that no public funds will be required in the event of a malfunction, default or other unforeseen event. • Easements, rights of entry and inspection. • Monitoring systems. The execution of the Responsibility Agreement with the Region will be required prior to the Town entering into a subdivision agreement with the Owner. York Region has previously entered into a Responsibility Agreement with respect to the Ballantrae, King Valley, and Emerald Hills developments noted in Section 3.2 of this report. 4.3 Proposed Modifications A marked up version of the applicant's draft Official Plan Amendment has been sent to the Town of Aurora and to the applicant. Several housekeeping modifications have been identified and Staff will ensure that these modifications are made and submitted to the OMB for approval. 4.4 Relationship to Vision 2026 Goal 5 of Vision 2026 states that. "York Region residents will have access to a variety of housing options that are safe, affordable and responsive to their diverse and changing needs ". The proposed OPA and draft plan of condominium is designed to offer an alternative house form and lifestyle to that which is typically found in existing neighbourhoods in the Town of Aurora. The proposed OPA and draft plan of condominium are therefore consistent with the above noted goal of Vision 2026. 5. FINANCIAL IMPLICATIONS A summary fiscal impact for the Westhill Redevelopment Company Limited project indicates that the proposed development within the plan will not adversely impact the Regional tax rate (tax levy). The road infrastructure required within the area is part of the broader system of Regional service improvements that have been identified in long term servicing master plans. The cost of these Regional roads works are scheduled to be recovered through the uniform Region wide development charges, based on the growth anticipated to occur within the Region. The proposed water distribution and wastewater collection system and treatment facilities for the full build out of the Westhill Redevelopment area are proposed to be privately owned and operated by a third party entity. Therefore, the Westhill Redevelopment condominium development, which will be serviced by the private system, will not generate any water and wastewater Regional development charge rcvenues. Planning and Economic Development Committee January 16, 2008 -76- Public Planning January 23, 2008 Westhill (Aurora OPA) Ontario Municipal Board Appeals The owner must enter a Responsibility Agreement with York Region, and the Agreement shall contain financial assurance provisions and guarantees that ensure that no public funds will be required in the event of a malfunction, default or other unforeseen event with respect to the communal servicing facilities. 6. LOCAL MUNICIPAL IMPACT The Town of Aurora brought the applications forward to a Council Public Meeting on November 29, 2007. Town Council resolved that local staff report back to Council for direction on the applications and that local staff engage the applicant and the solicitor representing several residents in discussions to address the issues raised by the residents' representative, In the conventional development approval process, prior to the Region preparing a report for Regional Council, the Town would adopt the OPA and forward it to the Region: However, in this case, since the development requires private communal treatment facilities for water and wastewater, and since these facilities are dependant on the Region's acceptance of the proposal, the Town requires a Region position on the matter before the Town can move forward. The recommendations of this report will enable the Town of Aurora to proceed with its review of the applications and report back to its Council. As a result of the need for the Region to bring forward a report in advance of consideration of the matter by the Town of Aurora, it is important to note that the Region's general support for the development concept does not imply that all local issues have been resolved. Therefore, it is recommended that Regional Staff proceed with the preparation of the conditions of draft approval for the draft plans of subdivision and condominium in consultation with local municipal staff, ensuring that all municipal policies and standards are met. 7. CONCLUSION The proposed OPA, draft plan of subdivision, and draft plan of condominium propose a cluster of 75 residential units, to be serviced by privately owned and operated communal water and wastewater treatment systems. Regional staff considers the proposed OPA to be in keeping with Provincial and Regional policy. Therefore, it is recommended that the Ontario Municipal Board (OMB) be advised that York Region supports the Official Plan amendment, the draft plan of subdivision, and the draft plan of condominium by Westbill Redevelopment Company Limited, subject to the resolution of any outstanding local issues and the housekeeping modifications to the Official Plan Amendment as required. In addition, it is recommended that Regional staff be authorized to prepare conditions of draft approval for the related plan of subdivision and plan of condominium, including the requirement for the applicant to execute a Responsibility Agreement with York Region, ensuring that all municipal policies and standards are met, and present them to the OMB Planning and Economic Development Committee January 16, 2008 errs Public Planning - January 23, 2008 Westhill (Aurora OPA) Ontario Municipal Hoard Appeals and that Regional staff be authorized to appear at the OMB, as required, in support of the Regional position. For more information on this report, please contact Michael Mallette, M.C.I.P., R.P.P., Senior Planner, Community Planning Branch, at 905-830-4444 ext 1506 or michaeI mailette@york.ca. The Senior Management Group has reviewed this report, Prepared by: Michael Mallette, M.C.I.P., R.P.P Senior Planner I Recommended by: Bryan W. Tuckey, M.C.I.P., R.P.P Commissioner of Planning and Development Services Reviewed by: Heather IConefat, M.C.I.P., R.P.P. Director of Community Planning Approved for Submission: Bruce Macgregor Chief Administrative Officer December 20, 2007 . Attachments: 1 - Context Map 2 - Proposed Plan of Subdivision 19T-88105 3 - Proposed Plan of Condominium 19CDM-00A03 4 - Overall Concept Plan 5 - Site Specific Regional Official Plan Policy 6 - Similar Developments mm II.IlcwlupmcuP.DO(-olk"I Pla:u-A,w%I LACCPWIUu IOVAubu.uaI'mLmmnnO(Ni119m, Auxi+Jman:-.ms, IWI Gulf COmmIIWI)'\WIII Mp n;pon Cnsinn d. dne Planning and Economic Development Committee January 10, 2008 Public Planning - January 23, 2008 APPENDIX 5 Ministry of the Environment 5775 Yonge Street 8" Floor Toronto ON M2M 4,11 Technical Support Central Region January 10, 2008 Ministere de i'Environnement 6675, rue Yonge 8` etage Toronto ON M21V4J1 Region du Centre Glen Easton The Sernas Group Inc. 141 Brunel Road Mississauga ON L4Z 1 X3 QQ Ontario Tat: (410) 326.3470 Fax: (416) 325.6345 RE: Westhill Developments — Aurora Golf Course Community Lebovic Enterprises Limited Class Environmental Assessment Westhill Environmental Study Report Our File: EA 06-03-05/EP19-OP-D09-04-00 Dear Mr. Easton: This letter is our response to the submission of the Westhill Environmental Study Report (ESR) for the above noted project. This response acknowledges that Lebovic Enterprises Limited has undertaken this study which has followed the approved environmental planning process for an integrated approach project under the Municipal Engineers Association Municipal Class Environmental Assessment (Class EA). On the basis of our review of the information submitted, we are providing the following general comments to assist you and your project team members in the proposed undertaking. Potable Water Supply System The preferred alternative for a potable water supply system is the development of a communal well, treatment, and distribution system, due in large part to the absence of municipal servicing. The Town and Regional Official Plan Amendments support for a communal servicing system, and an adequate groundwater source (a production well referred to as PW 1) has been developed. According to the ESR document, the "most frequent concern that arose through the public consultation process related to water supply and the impact of the proposed on -site well' (The Sernas Group, November 2007, Executive Summary, page i). -79- Public Planning - January 23, 2008 -2- Referring to PW 1, on December 6, 2006, the proponent submitted an application for a Permit to Take Water (PTTW) for the purpose of providing a potable groundwater supply for the estate residential development and the golf course club house. PW 1 need only be capable of producing enough water to supply the residential development and the golf course clubhouse, because the irrigation needs of the golf course will be satisfied through the combined use of storm water runoff and sanitary effluent. The Ministry of the Environment conducted a technical review of the PTTW application (including supporting information), considering such factors as the zone of influence, well interference, and potential impacts to surface water features and the groundwater resource base. It should be noted that the PTTW was approved and issued (April 30, 2007), but was revoked (August 7, 2007) pending the completion of the environmental assessment process for the proposed project under the Environmental Assessment Act. Based on the information available in the ESR and the Ministry's technical review, a communal well, treatment, and distribution system as the preliminary preferred alternative represents a reasonable solution to the problem of developing a potable water supply system for the golf course clubhouse and the residential development. However, the proponent should be aware that the communal well, treatment, and distribution system will require a Certificate of Approval under Section 52 of the Ontario Water Resources Act. In addition, the potable wafter supply system must meet the requirements of the Safe Drinking Water Act. Waste Water Treatment System The ESR has recommended the development of a communal sewage treatment system as the preferred alternative that can accommodate for the existing population and meet the needs of the proposed residential and golf course community. With reference to the discharge of the treated effluent, the re -use of the treated effluent for golf course irrigation (i.e., spray irrigation) is supported. The proponent should be aware that the communal sewage treatment system will require a Certificate of Approval under Section 53 of the Ontario Water Resources Act, and the discharge of the treated effluent by spray irrigation will require an assessment of impact on water resources, that is, reasonable use criteria for drinking water must be met at the downgradient property boundaries. The application for the Certificate of Approval must be supported with the reasonable use study. Stormwater Management System The preferred alternative for stormwater management is the use of end -of -pipe controls to facilitate the collection of runoff for golf course irrigation. For example, wet pond facilities are proposed for the estate residential development. The proponent should be aware that the stormwater management system will require a Certificate of Approval under Section 53 of the Ontario Water Resources Act. Thank you for the opportunity to provide comments on the proposed project. By copy of this letter, I thank my colleagues in the Water Resources Unit for their input. Should you :8 Public Planning - January 23, 2008 -3- or any members of your project team have concerns about the information discussed in the attached memo please contact Khalid Hussain, Surface Water Specialist/ Hydrologist at 416-325-6966, and Rik Kristjansson, Groundwater Specialist/Hydrogeologist at 416-325-6983, for other information or concerns please contact myself at 416-326-4886. Yours sincerely, originally signed by Chunmei Liu Environmental Resource Planner and EA Coordinator Air, Pesticides and Environmental Planning (APED) cc. D. Fumerton, Manager, York -Durham District Office, MOE E. Hartt, Supervisor, APEP, MOE E. Schmarje, Supervisor, Water Resources Unit, MOE K. Hussain, Surface Water Specialist, Water Resources Unit, MOE R. Kristjansson, Hydrogeologist, Water Resources Unit, MOE Central Region EA File A&PFile Public Planning- January 23, 2008 Ministry or the Minist6re de 5775 Yonge Street Environment VEnvironnment 0Floor North York, Ontario M2M U 1 Central Region Region du Centre Tel. (416)326-6700 Fax (416)325-6345 Memorandum January 7, 2007 To: Chunmci Liu Environmental Resource Planner and EA Coordinator Central Region, Ministry of the Environment From: Ellen Schmalje Supervisor Water Resources Unit Re: Aurora Estates Residential and Golf Course Community Westhill Environmental Study Report (ESR) Class EA and ESR Review/Bump-Up EA File No: EA 06-03-05 5775, me Yonge &4nnc 6tage North York (Ontario) M2M 431 Applications for the development of an estate residential and golf course community in the Town of Aurora have been submitted by Westhill Developments. Certain infrastructure requirements, including, although not limited to, a potable water supply system, a waste water treatment system, and a storm water management system, were studied under the Environmental Assessment Act. As requested by Alex Phillips (Environmental Resource Planner and EA Coordinator), Central Region Water Resources staff have reviewed the above -indicated ESR and provided comments. The technical review was undertaken from both groundwater (Rik Kristjansson, Hydrogeologist) and surface water (Khalid Hussain, Hydrologist) perspectives. The potential impacts to the groundwater and surface water resource .base, which may result from the development of the Iff:YIM Public Planning - January 23, 2008 potable water supply system, the waste water treatment system, and the storm water management system, were considered. Potable Water Supply System The preferred alternative is the development of a communal well, treatment, and distribution system, due in large part to the absence of municipal servicing. There is Official Plan support for communal servicing, and an adequate groundwater source (a production well referred to as PW 1) has been developed. According to the ESR document, the "most frequent concern that arose through the public consultation process related to water supply and the impact of the proposed on - site well" (The Semas Group, November 2007, Executive Summary, page i). Referring to PW 1, on December 6, 2006, the proponent submitted an application for a Permit to Take Water (PTTW) for the purpose of providing a potable groundwater supply for the estate residential development and the golf course club house. PW I need only be capable of producing enough water to supply the residential development and the golf course clubhouse, because the irrigation needs of the golf course will be satisfied through the combined use of storm water runoff and sanitary effluent. The Ministry of the Environment conducted a technical review of the PTTW application (including supporting information), considering such factors as the zone of influence, well interference, potential impacts to surface water features, and potential impacts }o the groundwater resource base. It should be noted that the PTTW was approved and issued (April 30, 2007), but was revoked (August 7, 2007) pending the completion of the Environmental Assessment Act process. In my opinion, based on the information available in the ESR and the Ministry's technical review, a communal well, treatment, and distribution system represents a reasonable solution to the problem of developing a potable water supply system for the golf course clubhouse and the residential development. The proponent should be aware that the communal well, treatment, and distribution system will require a Certificate of Approval under Section 52 of the Ontario Water Resources Act. In addition, the potable water supply system must mect the requirements of the Safe Drinking Water Act. Waste Water Treatment System The preferred alternative is the development of a communal sewage treatment system. With reference to the discharge of the treated effluent, the re -use of the treated effluent for golf course irrigation (i.e., spray irrigation) is supported. The proponent should be aware that the communal sewage treatment system will require a Certificate of Approval under Section 53 of the Ontario Water Resources Act, and the discharge of the treated effluent by spray irrigation will require an assessment of impact on water resources, that is, reasonable use criteria for drinking water must be. met at the downgradient property boundaries. The application for the Certificate of Approval must be supported with the reasonable use study. E:R2 Public Planning - January 23, 2008 Storm Water Management System The preferred alternative for storm water management is the use of end -of -pipe controls to facilitate the collection of runoff for golf course irrigation. For example, wet pond facilities are proposed for the estate residential development. The proponent should be aware that the storm water management system will require a Certificate of Approval under. Section 53 of the Ontario Water Resources Act. Based on our review of the ESR, with the exception of the various requirements noted above, we have no objections to the proposal. If you have any questions regarding the above, please contact Rik Kristjansson (416 325 6993), Khalid Hussain (416 325 6966), or myself at 416 326 3763. Sincerely, originally signed by Ellen Schmarje Supervisor, Water Resources Unit Central Region, Technical Support Section File Storage Number: EA 06-03-05 RK/KH EM Public Planning - January 23, 2008 APPENDIX 6 Jake Mol January 8, 2008 i Westview Dr. Aurora. On. L40'. Previous correspondence submitted November 22Id, and 29`". To Aurora Town Mayor, Council, Planning dept., York Region Chair, Council, Planning dept., and Provincial Legislature, O.M.B. Planning dept. Re: Official Plan Amendment Application D09-04-00, Zoning By -Law Amendment Application D14-12-00 and Draft Plan of condominium Application D7-03-00 O.M.B. case No. PL030. Lebovic Enterprises/ West Hill ReDevelopment Co. etc. Having delved into the large report submitted by the applicant gives us more cause for worry. I vrould there fore like to speak to it at the Jan. 23 '09 council meeting.. 1) Health of our wells only yards North of the proposed project, subsequently the health of our families the Holland liver and value of properties. 2) The neglect of any concern and omission of inclusion of homes and people living directly North of the project and the surrounding environment there, by the expert reports. 3) The appearance of overkill by the applicant with the great number of experts and reports submitted, making this project of extra ordinary significance, rather than a regular building permit for housing. Ontario, The Region, Aurora, and the O.M.B. are asked to go out on a limb, in what we believe will be the decline of present clean water resources, and several lakes and rivers, that are part of the Moraine. 4) There are serious omissions in the environment report on wild life by the experts, which makes us weary of other expert reports in this proposal. 5) It is obvious from what I am seeing that omissions and flaws in this proposed plan arc being skirted around, flaws that will eventually have great effect on the Moraine's water resources, our wells, and future inhabitants of this region both to the North and the South. 6) The effect of moving 300 to 400 people per day into this area without proper sewage and water connections is premature, and will be damaging to the Moraine environment, kettle lakes and rivers. None of the Environmental reports submitted by Experts hired by Lebovic Enterprises and Westhill Redevelopment have anything negative to say about this proposal, not even minor ones. Do the appearance of 9 experts and reports not seem overkill? Why? Are we not talking about the legally protected Moraine, a water source for millions. The privately hired Expert Reports on this Project which is slated for the Highest point of land on the East side of Leslie St. and is part of what we refer to as Howden's (large) Pond, that has according to the Experts, an above Ground release to the Bottomless Public Planning - January 23, 2008 Bloomington Bog to the South, while the Underground Drainage and run off directly behind the proposed complex of 300 people and another 100 visitors for the golf course, runs North to Westhill Dr. and Holland River tributary about 250 yards away. These facts are ignored, unchecked and omitted in the expert reports. Why? Is it because it will affect our wells, the Moraine, the Holland river delta to the North and the many Kettle Lakes that have deep conduits connecting them to the South. Such as Simeon Lake, Little Simeon Lake, Haynes Lake, Lake St George, Bond Lake, etc., which have historically been linked by underground conduits, of which the significant bottomless Bloomington and White Rose Bogs i.e. wetlands are part. Although the Environmental Expert speaks of the Bottomless Bloomington Bog, none of the reports discuss the depth, or the water traversing through conduits from this bog to the fore mentioned or other places that without doubt will be affected by this proposed plan. Neither does the report discuss any of the traversing of water sources INTO the Howden pond, or the effects of this Underground and Above Ground REPORTED drainage to the North (directly behind the proposed 75 homes of 300 people and proposed water reservoir) or the affects of this on our wells (downhill) and Holland river Tributary. Why are wells of people living 200 yards North of the project as well as the Holland River tributary totally ignored in these reports. Why? The misleading environmental report makes us wonder about other omissions elsewhere. Denial of some existing wild life species including Ruffed Grouse is wrong. We have several every year. Migrating Geese and Ducks use Howden's pond and other ponds spring and fall. Bird Iife is plentiful, Including all of the Woodpeckers, two types of Owls, wild Turkeys, Eagles, Hawks, Merlin's, Kestrel's, Red Tails and Sharp Shinned, Great, Little and Green Herons, Kingfishers, Cuckoos, Nut hatches, Waxwings, Orioles, Tanagers, Indigo Buntings, Grosbeaks, Cat birds, Mallards Nesting every year, and about 50 more of regulars species. We have Turtles, Frogs, Peepers, Snakes, Rabbits, Coyotes, odd Wolf, lots of Deer, Foxes, Voles, Moles, Muskrats, Rats, Raccoons, Opossums, Fish etc. All pretty well ignored in the environmental report. None of the Experts guarantee us uncontaminated well water, or offer to pay the costs of drilling new wells if we are affected. Our well has lost up to 65 feet of water in 20 years. Aurora is short of water every year. Why take this exorbitant chance instead of waiting? Respectfully submitted for your perusal, Jake Mol. cc. Mayor of Aurora, Ms. Seibert, Mr tman; YorkRegion, Chair; O.M.B. Mr. T ICondinski TOWN OF AtJRORA PLANNING & DEVELOPMENT SERVICES DEPT, JAN 9 & 2000 INITIALS Public Planning - January 23, 2008 RONALD R. LANTHIER 100 Westview Drive Aurora, Ontario L4G 7C9 January 8, 2008 Mr. Glen Letman MCIP, RPP Manager of Development Planning Town of Aurora 1 Municipal Drive Aurora, ON L4G 6.11 Dear Mr. Letman TOWN OF AURORA PLANNING DEPARTMENT RECEIVED INITIALS JAN 8 1000 On the second page of my letter to you dated January 4,1 stated that I could not find, in the developer's Master Environmental Servicing Plan, any reference to the consultants' having proceeded through the accepted approach to determine the migration of the underground water. On another review of the document, I did find what I had been searching for. On the strength of my mistaken assumption, I proceeded to draw conclusions which, now with my new knowledge, are irrelevant. I refer here to my paragraphs 2, 4 and S. I apologize to you for having to take the time to read this inappropriate material and apologize particularly to the consultants for having the temerity to suggest that they would not have followed such a fundamental step in their research. However, I stand by paragraph 1. it is inconceivable to me that the consultants would not at least have included one or two wells on Westview Drive in their pumping test since these are closest to the proposed building site and would probably be more severely affected than a well over 2 kilometres away. Paragraph 3 is particularly germane. How can one, in all good conscience, believe that the results of one well, pumping for 72 hours, could, in any way, possibly be compared with some 300 people using water, flushing toilets, etc, over an extended period. MOM, Public Planning - January 23, 2008 Page 2 One other matter has puzzled me through all these discussions and presentations, The major component of the proposed re zoning plan ( perhaps the only real reason for the proposal to redesignate the lands, the golf course simply being a diversion to make the whole scheme more palatable to the several authorities) is, of course the condominium complex. I have heard no details about this most essential component of the whole proposal. Not one word was expressed about it at the council meeting of November 28, 2007. There is nothing about it in the Master Plan (I hope lightening doesn't strike a second time). It could appear to some people that, for some reason, their attention is being deliberately directed away from this most important, and in fact the major, component of the proposal. With respect to the management of the effluent plant after it has been built and it is up and running, I have heard that its daily and ongoing management will be entrusted to the ctee. of the condominium owners. This would be a grave mistake. The management of such a highly sensitive facility is a task for experts who specialize in this very special type of installation, who provide 24 hour operational supervision, constant remote monitoring and exception reporting and are trained to deal immediately with any contingency that arises. This is not a task to be taken on by a group of amateurs on a part time basis.( perhaps my information about the developer's intention is incorrect. I sincerely hope so.) Thank you for your patience. Yours truly Public Planning - January 23, 2008 RONALD R. LANTHIER Westview Drive Aurora, Ontario L4G 7C9 January 4, 2008 Mr. Glen Letman MCIP, RPP Manager of Development Planning Town of Aurora 1 Municipal Drive Aurora, ON L4G 6.11 Dear Mr. Letman WN Oiz AURORA PLANNING &DDEVELOPMENT SERVICES EPT, RECEIVED INITIALS JAN 7 2008 Thank you for providing me with a copy of the Master Environmental Servicing Plan covering the proposed development on Leslie Street Just south of and overlooking Westview Drive. 1 have shared it with Jake Mol, my neighbour who lives at 150 Westview Drive. We have not had time, of course, to read much of the voluminous report, nor do we understand too much of the technical details. However we do have some questions and comments that we would hope the developer's consultants will address at the next council meeting. L Water Migration 1) When carrying out the pumping test, why would the developers choose to concentrate their efforts on those residents' wells some of which are over two kilometres distant from the site rather than the wells on Westview Drive, which we would imagine would be the most severely affected since they are the closest wells and directly below the site. 2) Perhaps we did not read the text properly, but as we understand, the pumping test was continued for 72 hours and readings were taken of the designated wells every'/ hour. On the basis of these readings, on wells as much as over 2 kilometres away. calculations, estimations, interpretations and extrapolations were conducted and the conclusion was made that ".....Groundwater extraction will not interfere with existing groundwater users ...." (our underlining) (see -page 21, report of Jagger Mims Limited, dated August 6, 2003.) Public Planning - January 23, 2008 page 2 3) What we do not understand is how one test well, the pumping well, measuring water flow on wells quite distant from the site, can possibly have any relevance whatsoever to the water flow in the wells on Westview drive ("existing groundwater users") after some 200 people milk the ground water supply through the imposition of a huge well or a series of wells some 60 feet above those on Westview Drive. The consultants have, in no way, answered this question. 4) Underground water migration is impossible to predict at the surface level and it Is therefore conventional practice of environmental and groundwater engineers to drill a series of holes at various areas of a development under review and so be in a better position to establish the myriad flow patterns of the water at various levels under the ground. Nowhere in the Master Plan were we able to find that such a normal procedure was carried out. if this is true, we are at a loss to understand how, at the council meeting of November 28, 2007, one of the developer's experts was able to give his considered opinion that at the development site, the water there ran in a southerly direction. This we suppose was meant to give comfort to those who live on Westview Drive that our water flow would not be affected I 5) Additionally, and we believe just as importantly, how would anyone expect that one well pumping on the site, would have the remotest effect anyway on a well over two kilometres away when the migration of the underground water had not even been determined ? We have not missed the reference to the fact that "an inventory of groundwater use was carried out for the residents" of Westview Drive. However, this was si ply a measurement of the depths of our respective water levels at one point in time, and had absolutely no bearing on the conclusion made by the consultants in their objective "To assess the potential for interference with other wells and surface water features within the zone of influence of the well for the development"(page 3, report of Jagger Hims limited, Aug 6,2003). With respect to the developer's plans in connection with the effluent treatment plant, this has been covered in section 6 of the Master Plan, but only to the extent that it briefly describes the various types and methods that are available. Its Proposed Sanitary System is to use either an SBR or a Waterloo Biofilter system. We are not familiar with the specific particulars of these systems and whether It goes without saying that the quality level will be, without question, at the tertiary stage. However, other aspects that must be addressed, and which do not seem to have been addressed, at least in these reports, are the management of the facility by a major, independent company and provision for detailed contingency planning, as set out in the letter to Ms. Susan Seibert dated December 28, 2007. We look forward to meeting you at the next council meeting, if not before. Yours truly .M Public Planning - January 23, 2008 RONALD R. LANTHIER Westview Drive Aurora, Ontario L4G 7C9 December 10, 2007 Ms. Susan Seibert Director of Planning and Development Services Town of Aurora 1 Municipal Drive Aurora, Ont. L4G 6J1 Dear Ms. Seibert TOWN f f AURORA PLANNING A DEVELO MMT SRRVICCS DEPT. FIE IVE DEC 1 1 tad% INITIALS . You seemed surprised when I talked to you briefly this morning when I mentioned the closeness of many of the existing golf courses to the proposed development plan of Mr. Lebovic. The distances that I quoted in my letter to the OMB dated December 6 are as the ball (crow) flies. The distances between the courses following the dog legs (by road) are, of course, longer. In this connection, I enclose a copy of a list of distances from the proposed site to most of the courses in the area as set out on the map on page 27 of Rodney Northey's presentation made to the town council public meeting held November 28. For ten of the golf courses listed, I drove the roads to them from the site itself. For the other seven, I calculated them using the map referred to above. For the "as the crow flies" I took a straight line from the closest part of the proposed course to the closest part of the target course, again using the said map to calculate distances. All 17 currently established golf courses are, from a "sky -view," less than 8 kilometres from the proposed site. With respect to my reference to the proximity of the proposed site to the Westview Golf Club as being within a nine iron shot ( a familiar turn of phrase), I should perhaps have been more specific. I reckon that from the most north-eastern section of the proposed golf course (from what I have been able to determine from the sketchy details that I have seen), to the closest part of Westview, that is, the green on the 6`h hole of the Lakeland course, is no more than 400 to 500 yards. I would be pleased to answer any questions that you might have. Yours truly 91- Public Planning - January 23, 2008 PROPOSED CHANGE TO ZONING BY-LAW---WESTHILL DEVELOPMENTS KILOMETRES FROM PROPOSED GOLF COURSE By Road As the crow Flies TO: Westview Golf Club 1.0 K 500 yds. Diamondback golf club 1.8 K 1.7 K Magna Golf Club 2.0 K 1.8 K Bloomington Downs Golf Course 2.7 K 1.2 K Beacon Hall Golf Club 3.9 K 1.2 K Emerald Hills Golf & Country Club 6.8 K 3.5 K Station Creek Golf Club 6.9 K 3.1 K Rolling Hills Golf Club 7.9 K 3.2 K King's Riding Golf Club 9.1 K 6.2 K St. Andrew's Valley Golf Club 9.1 K 6.2 K Highland Gate Golf Club 9.5 K 4.6 K Summit Golf & Country Club 9.8 K 5.8 K St. Andrews East Golf Club 10.3 K 7.0 K Meadowbrook Golf & Country Club 10.7 K 6.2 K King Valley Golf Club 12.9 K 6.1 K Glenway Country Club 13.6 K 7.6 K Mandarin Golf & Country Club 14.7 K 7.0 K -92- Public Planning - January 23, 2008 RONALD R. LANTHIER I Westview Drive Aurora, Ontario L4G 7C9 December 28, 2007 Ms. Susan Seibert Director of Planning and Development Services Town of Aurora 1 Municipal Drive Aurora, Ont, L4G 6J1 Dear Ms. Seibert PlA1Vi4 INGI O,_ OE V V Aa IN11'Igr,S JAN 2 ZOO 1 .we In a previous letter to you, I remarked that at the town council meeting held on November 28, 2007, not one word was said by the applicants about the main subject for the proposed rezoning, i.e. the requested approval to build seventy—five condominiums on less than thirteen acres. It seemed to me that they were deliberately trying to direct the council's attention away from a very touchy subject. Am I right to assume that at the next council meeting to be held at the end of January, 2008, the council will direct the developer to reveal all relevant details of the designated condominium plan? The developer also gave most incomplete and sketchy details concerning their plans with respect to the effluent treatment plant. They, of course, must provide the town with a complete and comprehensive written report on their investigation of options for on -site treatment and discharge of sewage from the planned development, rather than the few words that were presented at the last council meeting. The report should cover, inter alia, at least the following : 1) The proposed ug ality of the effluent, i.e. will the treatment be at a primary, secondary or tertiary level ? 2) The management of the plant, i.e. Will it be managed by the town, by strata corp.(the ctee.of condominium owners), or by a major company with a division which specializes in this very special type of installation ? 3) Contingency Plan, i.e. The wastewater management system will need to incorporate a number of measures to ensure excellent effluent quality and consistent operation. Treatment plant design and operation measures minimize the possibility of any emergency conditions and the contingency plans are available to satisfactorily address any emergency conditions. Examples of applicable measures are listed below. '.E'dc2 Public Planning - January 23, 2008 Page 2 A: Design a 24-hour equalization storage capacity b Dual process trains with independent operability c Positive barrier at the ultrafiltration level d Standby generator for one process train and other critical functions e "Tertiary" level of treatment with advanced nutrient removal using both biological and physical -chemical means and Advanced Oxidation polishing treatment. Online "real-time" effluent water quality analysers to identify "off-speeeffluent Automatic diversion of effluent to feed equalization storage during "off -spec" conditions. B Operation a Operation of plant by a major specialized corporation for proficient operation and 24-hr availability of any needed operational resources. b Constant remote monitoring and exception reporting/alarms via cellphone, pager, internet. c A spare parts inventory for all critical mechanical and electrical components. C Contingency Planning a Owners should be encouraged to implement water conservation measures b Trucking of wastewater offsite in the event of a major mechanical failure. c Onsite impoundment of effluent amounting to several days storage. 4) Migration of effluent Detailed study of subsurface conditions needed to determine probable migration pattern of effluent and its possible interaction with neighbouring drinking water wells I was astounded when at the council meeting of November 28, one of the developer's experts stated that his detailed and thorough research of the water conditions of the area led him to believe that,(with 300 people tapping into wells some 60 to 100 feet higher than our 8 homes on Westview Drive) there would be no effect on the water supply of the surrounding area 1ll Public Planning - January 23, 2008 Page 3 We must be provided with a copy of the detailed and thorough report from which this expert drew his conclusions. His report, i imagine, would include a detailed subsurface engineering study to clearly map and estimate subsurface ground water flows, how they are recharged and how the groundwater, from which the proposed development will be drawing, will interact with existing neighbouring wells. It is our loss that you will not be present at the January meeting. May I wish you a long, happy and healthy retirement. Sincerely c.c.Ms. Phyllis Morris, Mayor of Aurora Ontario Municipal Board E!J:'1 �S Public nin�q�AkQ� hliar �� 2008 F 4 n5 � tie �s 3a.,c'Fs� a f1P° PPR, TN fLE r µ&�. ijC; o� of P6.Q� ion December 12, 2007 Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, Ontario MSG 1E5 Dear Sirs RONALD R. LANTHIER Westview Drive Aurora, Ontario L4G 7C9 TOWN Oi° AU96-Ha PLANNING & DgV�LOPWNrSIERVICES DEPT, RE 0 � V a 1) Q G 3 2007 INITIALS ACTION Some expansion or clarification of the first paragraph on the second page of my letter to you dated December 6 would appear to be in order. The distances that I quoted with respect to the surrounding golf courses from the proposed site in that paragraph are as the ball (crow) flies. The distances between the courses following the dog legs (by road) are, of course, longer. In this connection, I enclose a copy of a list of distances from the proposed site to most of the courses in the area as set out on the map on page 27 of Rodney Northey's presentation made to the town council public meeting held November 28. For ten of the golf courses listed, I drove the roads to them from the site itself. For the other seven, I calculated them using the map referred to above. For the "as the crow flies" I took a straight line from the closest part of the proposed course to the closest part of the target course, again using the said map to calculate distances. The over -abundance of golf courses already in the area is plainly evident. All 17 currently established golf courses are, from a "sky - view " less than 8 kilometres from the proposed site. With respect to my reference to the proximity of the proposed site to the Westview Golf Club as being within a nine iron shot ( a familiar turn of phrase), I should perhaps have been more specific. I reckon that from the most north-eastern section of the proposed golf course (from what I have been able to determine from the sketchy details that I have seen), to the closest part of Westview, that is, the green on the 6ch hole of the Lakeland course, is no more than 400 to 500 yards. Public Planning - January 23, 2008 Page 2 One other major consideration that 1 have not mentioned before, but which, I'm sure, has been the subject of much soul searching, is TRAFFIC. 75 homes will spawn at least 150 additional cars onto an already overloaded Leslie Street, and, if the golf course is one bit successful (in spite of being parachuted into an already saturated golf course scene), there will be a coming and going of up to another 100 or more cars each day. Without a new traffic light at the entrance onto Leslie Street from the proposed development, with an attending horrendous effect on the jam-packed Leslie Street auto population, the situation could be disastrous. Once again, for all the reasons I have expressed in my letters to you and the most serious and portentous effects that would befall the Oak Ridges Moraine as so eloquently set out in Rodney Northey's brief to the Aurora town council on November 28, 1 strongly believe the current proposal presented by Mr. Lebovic should once again be denied, as all previous proposals have been denied by your colleagues and by successive town councils, for some 20 years. Yours truly -97- Public Planning - January 23, 2008 RONALD R. LANTHIER Westview Drive Aurora, Ontario L4G 7C9 December 6, 2007 Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, Ontario MSG 1E5 Dear Sirs TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES DEPT, C E I V E D ACTION DEC 1 0 2007 i have noted, in the November 20, 2007 edition of The Aurora Era -Banner, a notice issued the same day by the OMB, that if anyone objects to one or more of the recommended projects identified in the Westhill Environmental Study Report, he/she may write to the OMB to appeal this matter. In accordance with this directive, I enclose for your consideration a copy of a recent letter I wrote to the director of planning and development services of the Town of Aurora. I also subsequently sent a copy of the letter to the mayor of the town. Over 20 years ago, when Mr. Lebovic first evolved what amounts to row housing in a rural setting, it was probably the first time such an Improbable program was proposed. What I mean by improbable is that here is a project of 75 units on 13 acres, naturally designed for an urban setting because of the better usage of gradually disappearing land for housing, planned for a rural area where, because of water tables, lack of sewers, and all other special environmental considerations, lot size is fundamental and a major priority, and where the minimum lot size Is normally two acres per home. Over these last 22 years, a series of town councils and I would presume different specialized staff at OMB did not view the ever -changing Lebovic proposals to be worthy of approval. These multiple town and provincial bodies would certainly have given the proposals full review and assessment but have not been satisfied, over these many years that the proposals were in the best interests of all concerned (other than the developer) to warrant approval. .; Public Planning - January 23, 2008 page 2 During the many years that this drama has played out, Mr. Lebovic has made certain changes to his plan as yet another proposition went unapproved, so as to have another proposal to present to the governing bodies. The latest proposal includes a golf course. Another golf course in an already severely over -populated golf course area is something that we really do not need. In the surrounding area, there are 20 golf courses (see map on page 27 of the submission on behalf of 4 families, presented to the Aurora town council public meeting on November 28 by Rodney Northey), 10 of which are within a radius of 8 kilometres, of which 5 are less than 2 kilometres away, 3 of which are less than 1 kilometre away and Westview Golf Club, which was built in the 1950's, can be reached from the proposed site with a nine iron. In addition, because of the abundance of golf courses in the area, most of the members lists of the private golf clubs are not full and they are currently looking for new members and the pay -as -you -play courses are already having a tough time to fill their starting tee -time lists. I presume that you have received a copy of the submission of Rodney Northey to which I referred in the foregoing paragraph which addressed the serious overlapping of the proposal with the Oak Ridges Moraine, so I will not speak to this subject here. i would implore the OMB to consider carefully why, over the past two decades, their earlier colleagues continued to deny the numerous and changing petitions of the applicant, and also to weigh diligently the seriousness of the submissions of the various objectors, and to re-examine the merit or lack thereof of (what we consider to be) the flawed current proposal of the applicant, both In terms of the historic aspect of the various game plans and also in light of what's best for the town of Aurora today. Yours truly c.c. The mayor of the town of Aurora Director of planning and Development Services of the town of Aurora Public Planning - January 23, 2008 RONALD R. LANTHIER Westview Drive Aurora, Ontario L4G 7C9 December 1, 2007 PLANNING &ODEVELOPMENTWN OF ROFi ES DEPT, E I V F D Ms. Susan Seibert, MCIP, RPP LEC'32007 Director of Planning and Development Services Town of Aurora 1 Municipal DriveAurora, Ont. L4G BJ1 �~ �,� s^ 6 Dear Ms. Seibert i attended the Aurora Town Council Public Meeting held last Wednesday. I was interested in the subject of the Official Plan Amendment, Zoning By -Law Amendment and Proposed Plan of Condominium Applications. In order to call for a change in zoning, I expected that the plan would show a monumental benefit to the whole area, particularly since the Oak Ridges Moraine ran through or close to the area. I was astonished that during the whole three hours of discussion, not one word was said about the main subject for the requested re -zoning, i.e., the approval to build seventy-five condominiums on a very small section of the site. We heard nothing about the size of each unit, whether they would be bungalows or two-story units, how much space, if any, there would be between each unit, how big, or small, the lots would be, would they be built of stone, stucco, brick, or whatever, or anything about the landscaping, etc. It appeared as though the developers were deliberately avoiding the subject for some reason known only to themselves. So we were subjected to a litany of experts in water conservation, ground water seepage, ground water balance, wetlands, effluence and its uses to (partially) provide irrigation for the proposed golf course,etc. It seemed that whatever subject was raised, the applicants had an expert sitting in the audience ready and willing to give his expert opinion. One expert on water levels stated that his very thorough investigation and research into the water levels, their flows and everything else associated with the subject led him to conclude that there would be no disruption to the water levels of the homes In the surrounding areas. I am no expert but common sense tells me that this is absolute humbug. As you can see, I live on Westview Drive, which is about 100 feet below where the 75 units are proposed to be built. If some 300 people directly above us are tapping Into the groundwater there, it is unquestionably certain that this water usage will directly affect our water supply, -100- Public Planning - January 23, 2008 The subject water expert told us that the water flows south at the proposed site (south is lower than north, so it must flow that way, eh) However, the last time I looked, water flowed downhill and since we are some 100 feet below the proposed development, it stands to reason, at least to this non -expert, that our water supply would be most adversely affected. have no idea how the effluent from 300 people on a 100 foot hill directly in our path will affect the pureness of our wells but I shudder when I allow myself to think of it. As I understand, Mr. Lubovic has been trying to get the zoning changed for such a proposal with which we're being faced again, for over 20 years. Similar proposals made to prior town councils, which have been studied and restudied over the years, have resulted in either being turned down by these town bodies or have simply faded away due to lack of merit. Surely all those previous town councils couldn't be dodos that didn't know what they were doing. Sure, Mr. Lubovic makes a few minor changes to his proposal so that he is able to give it another shot, but how long is the current town council going to continue to provide a forum for this man before it says "Enough is Enough." There is another point that I would like to make. When Keith Nisbet wanted to build on Westview Drive some 50 years ago, his plan was to build 10 homes on the area's 20 acres. After much discussion, because of the water table, the soil conditions and all other matters that the experts of that era considered, Keith was only allowed to build 8 homes on 20 acres. How then can we even consider, in light of this decision and other inequities, some of which are described above, allow, in the same general area, 75 units (I don't know what else to call them) to be built on less than 13 acres. Additionally, when people move to a rural area, they accept the relative inconvenience of country living for the space and quietness it provides. Row housing which is being proposed by the applicants is not at all suitable for the intended location, but would be suitable for an urban area where land is a most important consideration. I have not addressed in this letter the subject of the Oak Ridges Moraine. This has been more than adequately dealt with by Rodney Northey. 1 would appeal to the town council not to cave in to an extremely flawed proposal because of the army of experts that the developer is using and his unrelenting perseverance in pushing through his request, which he has been doing for over a fifth of a century and which previous councils have wisely repudiated. Yours truly -101- Public Planning - January 23, 2008 November 29 '08 (second letter) Ms. Susan Seibert, MCIP, RPP Director of Planning and Development Services Town of Aurora, I Municipal Drive, Aurora, On, L4G 6JI TOWN OF AURORA — PLANNING & DEVELOPMENT SERVICES DEPT, R E C F I V E o DEC T 9 2007 INITIALS Madam .Mayor, TOWN COUNCIL, / YORK REGION MANAGEMENT / and ONTARIO MUNICIPAL BOARD. Re; Meeting on Wednesday Nov 21, at Town Council for discussion on Official Plan Amendment Application D09-04-00 including, Zoning By-law D14-12-00, Draft Plan Condo Application D7-03-00, and OMB Case No PL030997, Lebovic Enterprises, lots I I & 12, Con. 3 & part lot 12, Con.2, Town of Aurora, YORK REGION. As a resident household at 150 Westview Drive we have grave concerns about this proposed plan, for several reasons. 1) Environmentally, 2) Ecologically, 3) Aesthetically, 4) Suitability, 5) Integrity of Planning for the citizens of the Town of Aurora and York Region, and 6) an un- substantiated rumour of incentives being offered by Lebovic et al to neighbours and residents on Bovair Trail, (located adjacent to the proposed project), not to oppose. We realize that Lebovic Enterprises BY PASSED Aurora Town Council and York Region Management out of Perseveration with a Premature and Faulty Plan that was first introduced by Lebovic in 1989, and which at that time was for over 90 homes in a similar style on the same location. After much De -Bate, the then proposed plans were spoken to, by Citizens, Mayor and Town Council of Aurora, and after much soul searching and checking the environmental negatives it was declared Premature for the above mentioned reasons, and the lack of water and sewers. Of course Ms. Seibert knows that very well, since she was the then Director of Planning for Aurora in 1989, (I am sorry to hear she is retiring this month.) This time the De -Bate concentrated on Water Usage, Water Resources, Wells, Wastewater, and Sewage disposal. Which would affect wells of 16, two acre estate lot homes, on Bovair Trail built on a total of about 50 acres, immediately Adjacent to the south of the proposed plan, and another 10 estate homes on two and half acre lots a hundred yards or so to the North, as well as other Estate homes on the West side. - 102 - Public Planning - January 23, 2008 2 As Mr.Lebovic stated in 1989 to me personally, quote " you are wrong, the run off will flow South, not North" I told him then he could not predict that with certainty, not knowing what happens underground. If he is right, (which I' can't deny), it makes the possibility of affecting the Morain waters flowing south towards Toronto a legal responsibility of the Province. The water, i.e. privately treated sewage would run into the bottomless Bloomington Swamp, for which an Ontario Minister of Parliament (transportation) was fined $3000.— in allowing Bloomington to be built while ignoring environmental studies. This same swamp was blanketed and millions of tons of sand dumped into, to holdup the road, yet it sinks every year, and has been raised about 3 times for a total of about 30 inches or more since it was built. The water content of this swamp definitely has something to do with other lakes in the area that have underground connections and are feeding Lake Ontario with water, which is again used to supply water to the greater Toronto area. This is a sensitive Moraine area and the Lebovic Enterprises's idea of a Private sewage treatment and dispersal plant with container ponds within mere yards, of this swamp is playing with absolute chances of failure and contamination of headwaters. Also this area has Hydro problems continually. Just a week ago we were without power for 12 hours and 10 minutes. About once per month the hydro is off for hours on end. To subject 75 homes or about 280 people (on 12 and a half acres in the middle of the Morain) and a not needed golf club house and its staff and customers to this is problematic, as well as all their sewage being treated Privately without hydro is alarming. Will they have staff available 24 hours per day to run the treatment plant, and who's responsible for any mistakes that will be made? Think of Walkerton! Water? Without the 1989 Proposed Plan's approval, our 100 foot Deep Water Well located in the lower part of our property and about 60 feet below the lands in the proposed plan, has dropped about 68 feet in depth of available water, to a point of emergency. In the spring of 2003, our local water wells were surveyed by a company hired by Lebovic, and I discussed the loss of water with the agent doing the surveying. The agent measured our water to be over 12 meters or 48 feet below the visual area. or about 58 feet below the rim. Since then we have had some years of draught and it is now 68 feet lower than originally. I was promised a copy of this survey but it never arrived. (Although one expert on Nov. 21, the last Council meeting suggested the survey results were delivered to involved citizens, I believe we were denied the information to avoid detection of any avoidance of the true state of water available to our homes, for planning reasons). - 103 - Public Planning - January 23, 2008 Discussion on 1) and 2) 3 At the Nov 21 "07 meeting a lot was said by as many as Ten Experts on water treatment and water resources involving the proposed Golf Course. Little was said or discussed by these experts about the 75 homes proposed on 12.6 acres, a very small part of the total Moraine acreage. 12,6 acres would allow for 6 estate homes on these soil conditions. It should be obvious to the Director of Planning, Town Councilors, York Region Management and the O.M.B, that. to bring TEN Experts to the discussion on Water resources and Sewage treatment means only one thing. Lebovic Enterprises are pushing the water and sewage problem to the outer limits of reasonable sustainability. Especially leaving the control of treatment to the Condominium Board (according to the proposed plan), not Lebovic enterprises. So who does the Province, Region, Town, and affected Citizens of Ontario sue? To suggest that there will be Provincial check ups occasionally, on the operation of the treatment of sewage and dispersing of it on the proposed golf lands is no guarantee mistakes or breakdowns will not occur, (Think of Walkerton) The proposed operation has to only fail in a small degree, and the head waters and Moraine lands will be contaminated, with results of DECEASE and FOULED ground water or surface water used by the water wells at local homes or Lake Ontario. This proposed plan is too dangerous and open to human error, to expose Ontario citizens in general and local homes with wells, as well as Golfers on lands within the Town of Aurora and on the Moraine. To allow 75 homes to be built on 12 and a half acres, in an area where town planners refused the building of 10 homes on twenty acres in 1976 because of soil conditions, and surface silt deposits, which could not properly evaporate septic waste in the area is folly. The fore mentioned proposed plan was approved in 1978 to allow 8 homes only on no less than 2 and a half acres per home to allow for extended and double sized septic areas. This Proposed Plan is PREMATURE, in that, Sewers, Water Mains and Natural Gas will make their way along Bloomington Side Rd, and reach these lands in the near future. Why the hurry? Discussion on 3),4)and 5) Neighbours refer to this proposed plan for housing as "The Urban Orphan" This proposal is out of context with reality. Anyone driving through this area realizes that this area in the most southeasterly corner of the Town of Aurora is Farm land, with Bogs, Swamps, Ponds, and umnanaged Treed areas. - 104 - Public Planning - January 23, 2008 4 For the health of Ontario's population it should stay this way until proper sewage and water mains can be installed. It is where we often smell manure being spread on farmland in small operational amounts, to which adding sewage treatment dispersing is not needed to contaminate Soil conditions and Wells. It is far removed from the any city streets containing similar row housing. The nearest variety store is 4 kilometers away. The nearest shopping area in Aurora is 6 kilometers away, either Oakridges or Aurora Plaza. To walk from Yonge St. to this isolated area takes nearly two hours. There are NO similar complexes Iike this proposal within 5 Kilometers. There are no Transportation services available, the closest is at Bayview and Wellington., or Yonge St. and Bloomington, both 5 kilometers away. 3 Leslie St,(managed by York Region), is probably the worst maintained road in Aurora. This stretch of rural road in a rural area often becomes impassible in the winter, and. as recent as Monday November 26"i. at around 3.30 P.M. three vehicles were abandoned in the ditches, two North bound and one southbound within meters of this plan.. To attract another minimum of I50 vehicles of home owners and many more Golf course patron's cars as well as adding another 280 people to use this rural road instead of about 50 to 60 people that live in the area everyday along with rush hour traffic that is avoiding the 404, will be dangerous, and will necessitate road widening and road improvements as well as traffic lights where the project home owners come to enter a narrow, bulging Leslie St. There are no Street lights on Leslie St. in general because of its rural aspect. Comparing home density in the area to the proposed plan puts it completely out of reality, and will become slummy, when left to its own devices as Mr. Lebovic disappears. It is isolated. with no proximity of similar neighbours, and tough winter driving. Question, what about parking garages for families living there, or will it all be street parking. Every family will need two cars minimum to have reasonable access to the town or employment. All families will need to have two incomes to pay for their mortgages, and two cars, since taxi service is slim to none, and no public transportation available. The proposed ponds and reservoirs will have to be fenced in, for protection of children, and adults, since they are very closely behind houses. They will also have to be lined, which will make them very slippery. It is to be noted that the reservoirs, the plan mentions, are open and will expose nearby soils to any accidental contamination and subsequently ground, surface water, and bottomless swamp mentioned earlier. It is difficult to perceive what the Lebovic Company desires most; a golf course, or a housing project that doesn't fit in this area at this time. -105- Public Planning - January 23, 2008 Mr. Lebovic has had about twenty years to make an application for a number of estate lots to develop, which would accommodate good plamiing for the city of Aurora, and would protect the Moraine by spreading out the Estate lots out over 2 '/z acres each on about 50 suitable acres, but he doggedly persists on placing a non conforming complex in a farm field far from anything resembling similarity. His other option is to wait for sewage pipes and water mains to arrive. This proposal can be compared to dragging a cruise ship into a rural farm field for housing. Not aesthetically good planning for Ontario, York Region or the Town. As I said at the meeting, the golf course is the Red Herring that diverts the attention from the housing project, (which it did nicely with the Town Council). The Oakridges Moraine does not need any more Golf courses in this area. We have an existing golf course about 300 yards frorn this proposed plan. 3 other golf courses and a golf center are within 500 yards. The Town of Aurora has 4 golf courses within its boundaries already. There are in total 18 Golf Courses and 3 or more Golf Centers within 1/2 to 16 kilometers from this proposed plan, and most within 10 kilometers. None of these golf courses have Row Housing within them. Some have estate homes. This plan is totally different from what any other Town planner has allowed. These Golf Courses are looking for players and members to keep them in business now. If the OMB, the REGION and TOWN Planners could encourage the Lebovic Developer to take the opportunity to make application for a number of estate lots and housing which would be appropriate and harmonized to Town Planning that has Preceded this present out of context proposed plan before the OMB, it would be to the best interest of the Oakridges Moraine (on which this is playing out), Aurora Citizens, the OMB's integrity the York Region Management and Aurora Town Planning integrity, (without Ms. Seibert) as well as the Lebovic Company's integrity. Let us all hope the OMB is willing to listen, and take note of past decisions, not made stupidly. This letter is submitted in addition to the aspects spoken to at the Council meeting on November 28 2007, which was shortened due to time limitations. Yours truly; Jake Mol, Westvir Aurora, On. PS. Feel free to forwar � \,y , c C Y b Cr-V- (Lt_Cij o 'A -106- Public Planning - January 23, 2008 'TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES DEPT, R E C E I V E D 4 2007 INITIALS November 22 '08 ACTION Ms. Susan Seibert, MCIP, RPP Director of Planning and Development Services Town of Aurora, 1 Municipal Drive, Aurora, On, L4G Wl Dear Ms. Seibert, Madam Mayor, Town Council, York Region Rep„ and OMB. Re; Meeting on Wednesday Nov 21, at Town Council for discussion on Official Plan Amendment Application D09-04-00 including, Zoning By-law D14-12-00, Draft Plan Condo Application D7-03-00, and OMB Case No P1,030997, Lebovic Enterprises, lots 11 & 12, Con. 3 & part lot 12, Con.2, Town of Aurora, YORK REGION. As a resident household at 150 Westview Drive we have grave concerns about this proposed plan, for several reasons. 1) Environmentally, 2) Ecologically, 3) Aesthetically, 4) Suitability, 5) and Integrity of Planning for the citizens of the Town of Aurora and York Region. We realize that Lebovic Enterprises BY PASSED Aurora Town Council and York Region Management out of Perseveration with a Premature and Faulty Plan that was first introduced by Lebovic in 1985, and which at that time was for 96 homes in a similar style on the same location. After much De -Bate, the then proposed plans were spoken to, by Citizens, Mayor and Council, and declared Premature for the above mentioned reasons. The de -bate concentrated on Water Usage, Water Resources, Wells, Wastewater, and Sewage disposal. Which would affect wells of 16, two acre estate lot homes, on a total of about 50 acres, immediately Adjacent to the south of the proposed plan, and another 10 estate homes on two and half acre lots a hundred yards or so to the North. Without the 1985 Proposed Plan's approval, our 100 foot .Deep Water Well located in the lower part of our property has dropped about 68 feet in depth of available water, to a point of emergency. In the spring of 2003, the local water wells were surveyed by a company hired by Lebovic, and I discussed the loss of water with the agent doing the surveying. The agent measured our water to be over 12 meters or 48 feet below the visual area. Since then we have had some years of draught and it is now 68 feet lower than originally. I was promised a copy of this survey but it Never arrived. (Although the expert in speaking last night suggested the survey results were delivered to involved citizens, I believe we were denied the information to avoid detection of any avoidance of the true state of water available to our homes, for planning reasons). I -107- Public Planning - January 23, 2008 Discussion on 1) and 2) 2 At last nights meeting a lot was said by as many as Ten Experts on water treatment and water resources involving the proposed golf course. All very interesting, but little was said or discussed by these experts about the 75 homes proposed on 12.6 acres, a very small part of the total acreage. 12,6 acres would only allow for 6 estate homes. It should be obvious to the Director of Planning and Town Councilors that to bring TEN Experts to the discussion on Water resources and Sewage treatment means only one thing. Lebovic Enterprises are pushing the water and sewage problem to the outer limits of reasonable sustainability. Especially leaving the control to the Condominium Board (according to the proposed plan). To suggest that there will be Provincial check ups occasionally, on the operation of the treatment of sewage and dispersing of it on the proposed golf lands is no guarantee mistakes or breakdowns will not occur. Hydro service alone in this area is often lacking. The proposed operation has to only fail in a small degree, and the lands will be contaminated, with results of DECEASE and FOULED ground water or surface water used by the water wells at local homes. This proposed plan is too dangerous and open to human error, to expose citizens and Golfing visitors on lands within the Town of Aurora to. To allow 75 homes to be built on 12 and a half acres, in an area where town planners refused the building of 10 homes on twenty acres in 1976 because of soil conditions, and surface silt deposits, which could not properly evaporate septic waste in the area is folly. The proposed plan was approved in 1978 to allow 8 homes only on no less than 2 and a half acres per home to allow for extended and double sized septic areas. The Plan is PREMATURE, in that, Sewers, Water Main and Natural Gas will make their way along Bloomington Side Rd, and reach these lands in the near future. Discussion on 3), 4)and 5) Neighbours refer to this proposed plan for housing as "The Urban Orphan" What the proposal is asking the Aurora Town to accept is out of context with reality. Anyone driving through this area realizes, (as promoted by the Experts at great length as a great advantage to revert agricultural lands to a golf course), is that this area in the most southeasterly corner of the Town of Aurora is Farm land, with Bogs, Swamps, Ponds, and unmanaged Treed areas. It is where we often smell manure being spread on farmland, which is in small operational amounts, to which adding sewage treatment dispersing is not needed to contaminate soil conditions and wells, as surely will happen in time. Public Planning - January 23, 2008 It is far removed from the any city streets containing similar row housing. The nearest variety store is 4 kilometers away. The nearest shopping area is 5 kilometers away, either Oakridges or Aurora Plaza. To walk from Yong St. to this isolated area takes nearly two hours. There are no similar complexes like this proposal within 5 Kilometers. There are no Transportation services available, the closest is at Bayview and Wellington., or Yonge St, and Bloomington. Leslie St,(managed by York Region), is probably the worst maintained road in Aurora, This stretch of rural road in a rural area often becomes impassible in the winter, and as recent as Monday November 261h. at around 3.30 P.M. three vehicles were abandoned in the ditches, two North bound and one southbound. To attract another minimum of 150 vehicles of home owners and many more Golf course patron's cars as well as adding another 280 people to use this rural road instead of about 50 to 60 people that live in the area everyday along with traffic that is avoiding the 404, will be dangerous, and will necessitate road widening and road improvements as well as traffic lights where the project home owners come to enter a narrow, bulging Leslie St. There are no Street lights on Leslie St. in general because of its rural aspect. Comparing home density in the area to the proposed plan puts it completely out of reality, and will become a slum, when left to its own devices as Mr Lebovic disappears. It is isolated with no proximity of similar neighbours. Question, what about parking garages for families living there, or will it all be street parking. Every family will need two cars minimum to have reasonable access to the town or employment. All families will need to have two incomes to pay for their mortgages, and two cars, since taxi service is slim to none, and no public transportation available. The proposed ponds will have to be fenced for protection of children, since they are very closely behind houses. They will also have to be lined, which will make them very slippery, and dangerous for children and adults alike. It is to be noted that the reservoirs, the plan mentions are open will expose nearby soil to any accidental contamination and subsequently ground or surface water. It is difficult to perceive what the Lebovic Company desires most; a golf course which might work in itself, since most of the Expertise at the meeting concentrated on the building of the golf course, or a housing project that doesn't fit in this area at this time. Mr Lebovic has had about twenty two years to make an application for a number of estate lots to develop, which would accommodate good planning for the city of Aurora, but he doggedly persists on placing a non conforming complex in a farm field far from anything resembling similarity. -109- Public Planning -January 23, 2008 4 It could be compared to dragging a cruise ship into a rural farm field for housing. Not aesthetically good planning for the Town of Aurora. As I said at the meeting, I believe the golf course is the red herring that diverts the attention from the housing project, (which it did nicely with the Town Council) to the proposed plan's advantage. We now have an existing golf course about 300 yards from this proposed plan. Three other golf courses and a golf center are within 500 yards. The Town of Aurora has Three golf courses within its boundaries. There are in total 18 Golf courses and 3 or more. golf centers within 3 to 10 kilometers from this proposed plan. None of these golf courses have Row Housing within them. Some have estate homes. This plan is totally different from what any other Town planner has allowed. Is it thus essential to upset and disregard proper planning in Aurora to accommodate another golf course, with out of step housing included? If the Town of Aurora could encourage the Lebovie Developer to take the opportunity to make application for a number of estate lots and housing which would be appropriate and harmonized to the Town Planning that has Preceded this present out of context proposed plan before the OMB, (on which the local citizens were asked to have input), it would be to the best interest of the Oakridges Moraine on which this is playing out, Aurora Citizens, the OMB's integrity the Towns Planning integrity, the Lebovic Company's integrity, preparedness by the York Region management, as well as contented home buyers, knowing what is in the bag, rather than possible unsuspected deceased goodies and general havoc in Aurora.. Let us all hope the OMB is willing to listen. Submitted in addition to the aspects spoken to at the Council meeting on November 28 2007, due to time shortage. Yours truly; Jake Mol WestviDry Aurora, On.. PS. Feel free to forward this letter to who ever. - 110 - Public Planning - January 23, 2008 ��/�/��� �5'C '. GI/'�T�/l/..,l'�J�'±✓�C��%?1��j Ccrl�/f'/y �%+%/if. FOX V.... 4/6 �'�%)�c.S:..Si/�L� _ .._=.. �i<-' L1/��i','/� _ . .. _T v �✓�'V . L'�`./`�12t��Lr4�.. _ _ .... _ .1r1 Y. /.C521."— — J,�-" T;�. r:. �.�,�;��' r✓�;�u�.---� c��tlr��f r i j4 � c'� r � �,r����,�� . F.�"�' 11/C�1 -. ��. j//,.(c:�.✓�'_'..'7' . ��/L7✓�'/i�TT�'_ ,� //N...% /�+'�7T <J/L7��'II�,TEE. _Gv� � � T r'✓�� y tea; �'�o���i�'c", �v � _ 6���,�:MG" _ _ . T/14v�4//ij 7_ Gf.. _G✓IW-1'ZE / C-17-11L....: ..TiS - _ rVlfl%'v1l Y/E � �`I� . %�. I WoveY. _... _ .. . Public Planning - January 23, 2008 _ %k�... /f'.. C'-..._._..._..._1... a J I O- 7/06 K17 L/�1/).s" � f �l •.� U�n-t /f���'t /'Ti�'�l� C ©i�%Ui�_tJ%.� -112- Public Planning - January 23, 2008 ._T _M/iV�.. d✓,y�"JV..�_...%/�_�i_ Y.. _/Mg_'�',�/�?�i(/T�� . ./'�i�....�'czG/'�ti'', .. . aN/P�.ifv�-v.._rr✓1 T/ JP�v _s�9c fy_ rrJ _ _.............__%-�Z�/-L .((*Y..f .T_�6!'/_.....f4? ..P-CfHJ`.'�.�i.Cr/.r ..�✓cdf%Cf� .%�1��.dG;/ ...... 0 y .. lam! ice/ ._I.Li19_ .T`�!= ... 4�.r . %/fi r". G1i.7i1 41i VJ..... Wv�N Yae'�. lvp\c . / v rirVs'. , c� r Tim 21n �. _14- /z��h�. G'D��r' .�'or//✓'-rE .�I,%�a.. G��Ii�� .�q/?���1(/f[�i'T% Ga-9�f . NO rd %o .✓Ps�c�t7 l N4h'iiJf 114 - 113 - Public Planning - January 23, 2008 — — X li`Is r�sV1i>/fr�zfT/{€siJtf%%_- --AKK04..�..�is!.... ...._ 40.7 _ ioc w� ill IV / ..... til_/'q 'Vii-W .. ay,/ iitz, T/%r?% �=/l�l �/rVf��CY� ,4-'a��rF r /���tf"h!'.r %4'Ge . <�G✓�.� �"XF'� one`. - 114 - Public Planning - January 23, 2008 — -Ir— Alv Aj CJ/1�',� `/-./e'V.iff�� �r�"......��2G"t.�'`UG� ... -. _c,.�XT�_'#� �i��.',/��'.._�/✓W�'/'l�i � ..., :... .. �i�l`7"�....�x..%��irJ .✓�r_�'r��'�..�`i�/,�.L._.y ...%ca......c�r�.�T..-....- Public Plannin January 23, 2008 AuRo A ypwp&!�&19oodco,y, H_ el-uh-_,. , MEMOR,AN®tJillll Parks Division Leisure Services Department Date: November 23, 2007 To: Glen Letman, Manager of Development Planning From: Gary Greidanus Re: Revised Draft Plan of Subdivision Application File 19T-88105 Lebovic Enterprises / Westhill Redevelopment Company Ltd. Related Files: D09-04-00, 014-12-00 & D07-03-00 We offer the following review comments on the revised Draft Plan submission: Through the recent establishment of the Tails Sub -Committee and subsequent review of this development it has been noted that the location of the proposed Westhill development coincides with the general location of an east -west grid trail corridor that is supported by the Towns Official Plan (Schedule I, Map 2). This grid trail corridor is seen as an important link to north -south trail corridors both east and west of the Westhill development: To the west, the grid trail corridor connects via valley lands and hydro corridor lands to the Bayview Vandorf area and to the existing Town of Aurora trails network, and most importantly, the Noklidaa Trail System. To the east, the grid trail corridor connects into the expansive deciduous and coniferous forests north and west of the Bloomington / 404 intersections. A north -south neighbourhood trail in these forests is indicated in the Official Plan; however, the Trails Sub -Committee envisions this trail in the future as a major north -south trail corridor loosely flanking highway 404 and potentially extending from Bloomington Sideroad up to St. John's Sideroad and points northward. Trails Sub -Committee members have inspected the eastern portion of the Westhill development lands and have agreed In principle to a desired trail routing along the north property limits bordering the Howden lands, and within the deciduous forests at the east end of the development lands. This route offers buffering from north exposures, high elevations with significant views, proximity to expansive wetlands on the Howden property, and prime deciduous forest tracts. It is also a recommendation that a suitable trail crossing of Leslie Street be coordinated with the golf course proposal for a grade separated crossing (underpass) to access the lands east of Leslie Street for continuation of the trail. - 116 - Public Planning - Januak23, 2008 AuRoRA yowmu& good cowpav Glen Letman November 23., 2007 Page 2 It is anticipated that the western portion of the Westhill development lands will be reviewed by the Trails Sub -Committee in upcoming meetings. It should be noted, however, that the Trails Sub-Commit#ee considers the west portion of the development lands as equally significant in the realization of an east -west corridor through the entire Westhill lands. In summary, with the given mandate of the Trails Sub -Committee and the timely review of this development application, it is recommended that the current Draft Plan be reconsidered and discussions be entered .into with the Applicant in terms of facilitating a public trail corridor through the Westhill development lands. faGreldanus, QALA Landscape Architect Ext. 3227 cc: Jim Tree, Parks Manager _ Al Downey, Director of Leisure Services Sua Seibert, Director of Planning Klaus Wehrenberg;.Trails;Sub<Gommittee -117- Public Planning - Ja7�2008 Au1W3R.A. y wfd u,. �ppcG CnrH�xuti Glen Letman November 23, 2007 Page 2 It is anticipated that the western portion of the Westhili development lands will be reviewed by the Trails Sub -Committee in upcoming meetings. It should be noted, however, that the Trails Sub -Committee considers the west portion of the development lands as equally significant in the realization of an east -west corridor through the entire Westhili lands, In summary, with the given mandate of the Trails Sub -Committee and the timely review of this development application, it is recommended that the current Draft Plan be reconsidered and discussions be entered ,into with the Applicant in terms of facilitating a public trail corridor through the Westhili development lands, *aryeidanus, GALA Landscape Architect Ext. 3227 cc: Jim Tree, parks Manager Al Downey, Director of Leisure Services Sue Seibert, Director of planning Klaus Wehrenberg,. Trails Sub-C.ornmittee - 118 - Public Planning - January 23, 2008 APPENDIX 7 s 0 January 15, 2008 w r u " v By facsimile and electronic mail W n C (416) 326-5370, tome, kondinski@ontario.ca G' ' b e➢ � � 2 . Mr. Tome Kondinski s Ontario Municipal Board W } 655 Bay Street, Suite 1500 g Toronto, ON M50 1 E5 Dear Mr. Kondinski: m Re: Notice of Study Completion n o s Westhill Developments Limited toronto-otravre ` OMB File No. PL030997 avW+bbs:bedlauttlfnye4m We are responding to the above -described notice on an Environmental Study Report, prepared in response to the Municipal Class Environmental Assessment approval. Our response is submitted on behalf of the McCutcheon family, Harmeet and T. Singh, Stephen and Christine Sadler, Susan Jones and the Howden Family, all of whom are presently parties before the Ontario Municipal Board in this proceeding. We have previously submitted comments and concerns with a Draft Environmental.Study. Report (ESR) circulated in June 2007. The present letter responds to the November 2007 finalized version of this report. Based on our review of this final ESR, we continue to have the concerns identified in our June 2007 letter. These include: • a failure to address the need for the proposed infrastructure; • a failure to reasonably evaluate available alternative solutions; • a failure to reasonably evaluate alternative designs; and • a failure to properly consult the public. We expect to provide you with further details on these concerns in accordance with the prehoaring process before the Board. Should you have any questions, please do not hesitate to contact the writer at (416) 860 1412, Yours very truly, BIRCHALL NORTHEY LLP Per: Rodney Northey cc: Mr. Roger Beaman (by facsimile and electronic mail) Mr. Robert Miller (by facsimile and electronic mail) Mr. Bill Kiru (by facsimileand electronic mail) Mr. Michael J. McQuaid (by facsimile and electronic mail) - 119 - Public Planning - January 23, 2008 - 120 - Public Planning - January 23, 2008 Micheal J. McQuaid, Q.C. E-mail mcquaid@weirfoulds.com Direct Line 416.947.5020 Pile o0056.40789 APPENDIX 8 Dece VIA E-MAIL AND COURIER Mayor and Members of Council Town of Aurora I Municipal Drive Aurora, ON L4G 6J1 Attention: Mr. Panizza, Town Cleric . Dear Madam Mayor and Members of Council: WeirFouldst.L, s NRRIRYRRS a SOLICITORS rnb or 18, 2007 V TOWN OF AU PLANNING & DEVELOPMENT SERVICES DEPT, RECEIVED DEC 2 e 2008 INITIALS ACTION Re: Response to questions raised by Mr. Northey at Town of Aurora Public Meeting held November 28, 2007 As you know, we asked for the opportunity to respond to a number of technical questions raised in Mr. Northey's submission filed with Council at the Public Meeting on November 28, 2007. Attached you will find letters from Dr. Coleman, Mr. Jagger and Mr. Jones responding .to the series of questions posed. A copy of this letter and the attachments has been sent to Mr. Boanum, Ms. Siebert, Mr. Letman and Mr. Northey. Mr. Northey raised a number of questions of an environmental and hydro - geological nature. We hope you will agree that our consultants have fully addressed those questions. As you know Westbill has retained an excellent and highly qualified team of consultants who have been instructed to prepare a state of the art development in keeping with the environmental, planning, and engineering policies and standards established by the combination of ORM Plan policies, and those of the Region and Town. Respecting the environmental aspects, we submit the proposal meets the ORM Plan requirements required. The TRCA has reviewed these aspects and indicated in its letter of January 31, 2007 to Ms. Seibert: "Given that, the MESP is generally acceptable to the point of advancing to the detailed design stage, TRCA staff are satisfied that the current proposal is in keeping with the objectives of the MESP documents. Accordingly, we support the development proposal as submitted." The Bxchauge lower, Suite 1600 Telephone 416.365.1110 P.O. Be. 480, 130 King Street West Pa"Imile 416.3654876 Toronto, Ontario, Canada M5X 1J5 Website www.weirfmdds.cum Public Planning - January 23, 2008 eirFoulds>.>.P BARK.STERS ; SPLICITORS 2. Respecting the hydrogeological aspects respecting wells, we believe the work undertaken by Mr. Jagger was confirmed during a review by the Ministry of the Environment pursuant to the filing of an application for a Permit to Take Water. The review of Mr. Jagger's work by MOE involved examination of Mr. Dagger's conclusions both with regard to his conclusions respecting availability and sufficiency of water for the proposal and also respecting any potential deleterious impact on neighbouring wells. A Permit to Take Wator was issued by the MOE but subsequently it was learned thatin view. of the current EA outstanding process that that Permit to Take Water had to be revoked but in doing so the Ministry indicated that: "Lebovic Enterprises Limited may re -apply for a PTTW once the necessary planning approvals are obtained. We acknowledge the necessary technical information to support the water taking was provided by Lebovic Enterprises Limited and already reviewed by the Ministry." 3. With respect to the surface and groundwater aspects, the combination of communal service systems and stornwater management facilities have been specifically designed to return all of the surface and groundwater used in the development for irrigation, which is surface water which will recharge over the site to groundwater, as compared to the normal urban subdivision where piped systems are used. We submit the approach being followed is consistent with the underlying principles and goals inherent in the ORM Plan. MJM/ves Encl. c: R. Beaman S. Siebert G. Letman R. Northey 1019792.1 Thank you for the opportunity, to respond to the questions raised by Mr. Northey. Yours very truly, el Foulds LP ; )u M� ae J. McQuaid, Q.C. Public Planning - January 23, 2008 December 12, 2007 Mr. Michael McQuaid WeirFoulds The Exchange Tower, Suite 1600 F.O. Box 480 130 King Street West Toronto, Ontario M5X IJ5 Dear Mr. McQuaid: Re: Aurora Golf Course Community Response to Comments File 981019.05 C IJA.GGER RIMS :i LIMITED Environmental Consulting Enginoors )091 Gorham Street, Suite 301 Newmarket Qntado Condo WY 8X7 Tel 905 853.3303 800 263-7419 Fax 905 853-1759 As per your request, we are pleased to forward our response to the submission made by Mr. Northey of Birchall Northey to the Town of Aurora on November 28, 2007. Our response is specific to the water related matters. Our response corresponds to the pages of the submission. A copy of the relevant pages is appended for reference purposes. Page 4 — The second point under "main issues" relates to water. Based on the technical studies which we have carried out, the development does adequately protect water resources. It is our understanding that TRCA is in agreement with our findings. As well, the Ministry of the Environment acknowledged that the necessary technical information to support the water taking was provided and reviewed by Ministry staff, It was on this basis that the Permit To Take Water was issued. It was subsequently revoked for a procedural reason. There are changes to the groundwater and surface water balances. The degree of change is considered immeasurably small in the context of naturally occurring change and fluctuations related to land use and climatic conditions. Technical details are contained in our reports. There will be no adverse effects on water quality as a result of the development in accordance with the current design. It is actually anticipated that there will be an improvement in the groundwater quality in the Oak Ridges Moraine Aquifer Complex which is currently affected by contaminants from agriculture. 12/1212007 2s0:23 PM H:\P.oiVe110 U\u56Vp\a131 LIiosponse,a Comments 12-11-07,W, EVAN Public Planning - January 23, 2008 Page 2 1 WeirFoulds December 12, 2007 The cumulative effect of the additional water taking is minimal. The proposed development will use on average 0.12 million litres of water per day compared to the total of approximately 56 million litres of water used daily by the Town and other golf courses as reported by Mr. Northey. Page 14- The water resources are adequately protected. Further information is provided in our response to comments on other pages of the submission. Page 15 — The unmarked depression on this plan is designated A-4, See Figure 1-2 in the addendum report dated August 2006. Page 16 — We agree that there will be a decrease in the amount of runoff to the depressions as a result of the development. As indicated in the Detailed I- Iydrogeological Study report, the reduction in runoff to the surface water features has been ongoing since 1980 its cultivated land is left fallow. If the remaining cultivated land was also left fallow, then the reduction in runoff would continue to occur even without the Aurora Golf Course Community development. The net loss of runoff to the onsite depressions represents approximately 17% of the total estimated pre -development runoff to these depressions from the subject property. However, most of the catchment area for the pond designated SW6 on the northern property boundary is on adjacent properties. If the total catchment area is considered then the net loss is less than 3%. Each of the depressions was dry this summer except for SW4 and SW6. A dry condition is considered a worst case scenario. The loss of water cannot alter this scenario, that is the pond, will dry up. With respect to SW4, there will be an increase in the runoff as a result of the development and for SW6 the majority of the catchment area is beyond the subject property. In conclusion, the change in the runoff balance will not adversely affect the depressions. It is understood that the biological function will be maintained. Page 17 — See our response to the plan on page 15. Page 18 — The reservoirs are designed to store the treated waste water effluent and as such do not receive significant runoff. As a further point of clarification, the stormwater management ponds only receive water from the residential and golf club portion of the development with a lesser amount of runoff from the golf course. However, we do agree that the physical presence of these features does affect the amount of runoff to some but not all depressions. ❑,11212097 3;50;23 PM 1t1P,Pj19811a I MOSMpW 61-L Response to C011LII01115 13-I141.doc -124- Public Planning - January 23, 2008 Page 3 r WeirFoulds � December 12, 2007 Page 19 — As discussed in our response to page 18, the residential and golf club portion of the development is inter -related to the stormwater management ponds. This portion of the development will actually increase the amount of runoff compared to existing conditions and create more water for the depressions. However, runoff is diverted to the ponds for golf course irrigation. Page 20 - Changes in topography result in alterations to the catchment area of the features. It is the change in the catchment area and land use which affects the amount of runoff as opposed to only topography, Page 21 — This information is from our Detailed Hydrogeological Study report. Page 22 — Item 1 contains information from our Detailed Hydrogeological Study report. Item 2 is the same comment provided by Mr. Weems in Item 2.11 in his October 15, 2007 letter. In our response to Mr. Woerns, we have provided technical information which shows the approach which we used is correct. The Ministry of the Environment does not say in their manual that there will be lower recharge with the land use change. Item 3 contains information from our Detailed Hydrogeological Study report. With respect to Item 4, there is no technical verification to date that our findings are wrong. In fact, there was no concern raised by the TRCA and Region of York in review of our work that the findings are wrong. It is noted that with respect to the water balance, the more groundwater infiltration or recharge the less runoff occurs. Conversely, the more runoff that occurs, the less groundwater is available for recharge. The water balance is naturally changing depending on land use and climatic conditions. Page 23 — We have never stated that "all water at surface will infiltrate to depth". This matter was clarified in a letter to Region of York dated September 18, 2007. Our response as contained in that letter is as follows. "The increase in groundwater recharge will occur mainly within the Oak Ridges Moraine Aquifer Complex with only a relatively small portion recharging the deep aquifer over time. A water balance is contained in our August 2005 Detailed Hydrogeological study. Based on this water balance more groundwater will be available to the residents who have wells screened in the Oak Ridges Moraine Aquifer Complex. There should be no loss of water to these residents due to the development. Water uptake by plants was considered in the water balance." 12/12/20022:50:23 PSI H:W,roj196V0I9\0AW➢\DEI-L Response 1. Common1s 12-II-07Ao -125- Public Planning - January 23, 2008 Page A ' M' WeirFoulds December 12, 2007 Page 24 Bullet I — Changes to infiltration due to cover type from pre and post development conditions were considered. See Section 3.1 in our Detailed Hydrogeological Study report. This aspect was also addressed in the addendum and response to comments from the Town and the Region. We note that there is no change in soil type. Page 24 Bullet 2 — The calculations were provided to Mr. Woerns in our letter dated November 29, 2007. Page 24 Bullet 3 - Internal drainage was considered. Page 24 Bullet 4 — Evapotranspiration was considered. For example, see page 25 in the Detailed Hydrogeological Study report. Page 25 Bullet I — We agree with the generality of the equation. Page 25 Bullet 2 - The water requirement, that is the water taking, is 41,340 m3/a. The effluent volume of 43,600 m3/a is the water taking plus an allowance for groundwater infiltration to the sanitary sewer system as determined by Sernas Associates. See Section 2.2.3 of the August 2005 Functional Servicing Report. Water conservation measures were addressed. i- our letter to Region of York dated September 18, 2007. Some of the measures which(re being considerediinclude w�tu metering with user fees low flush toilets and low flow shower heads. Most people with an environment conscience should practice water conservation. Page 25 Bullet 3 — The stormwater volume, as determined by Sernas Associates, is based in part on the 1971 to 2000 average annual water surplus. The range will vary in accordance with the climatic data such that more runoff will occur when the water surplus exceeds the normal and vice versa. To our knowledge the range has not been calculated. If necessary, the calculations can be carried out. There is no need to change the method of stormwater collection based on our conclusion that the change in the runoff balance will not adversely affect the depressions. See our response to page 16. Page 25 Bullet 4 - As discussed in our response to page 22, the water balance is naturally changing depending on land use and climate conditions. In a scenario in which the only variable factor is the climate, a dry year will result in both less runoff and less infiltration than a wet year. The actual values will depend on the water surplus for that year. The water surplus is the sum of the runoff and the infiltration. 12/12/2007 2:SO: 23 PM H3ProjMUDIM5Mp\DD-1. Response to Comments 12.1 I-02.dec -126- Public Planning - January 23, 2008 Page 5 WeirFoulds = December 12, 2007 The Permit To Take Water will restrict the use of groundwater for golf course irrigation. Page 26 — The cumulative impact was addressed in a letter prepared by WeirFoulds dated November 27, 2067 to Mr. Northey. Our response as per the November 27, 2007 letter is as follows. "The testing program, that was carried out at part of the water supply assessment was designed to evaluate the effect of the proposed water taking for the development on the existing water wells. The existing water taking creates an effect on the groundwater regime which forms the base or reference condition for the testing. The test pumping of the production well for the development superimposes an effect on this base condition. As such the work is a cumulative effects assessment. Based on the results of the groundwater supply study, it was concluded that there was sufficient water in the aquifer to support the water taking without affecting other groundwater users. Details are contained in the Water Supply Study dated August 2003." To date the Region has not requested further information on cumulative impacts. Page 27 — This map was not prepared by ourselves. As such, we cannot attest to the accuracy. We do, however, note that there are golf courses on the map which are not in the Town of Aurora. Page 28 — This table was not prepared by ourselves and thus we are not able to attest for the accuracy. As with the map on page 27, some of the golf courses are beyond the Town of Aurora. Page 29 Point I — There is a recommended monitoring program to assess the effect of the development on water quality in the Detailed IIydrogeological Study. Subsequently we have recommended an enhancement of this program to include an annual analysis for metals, fungicides, herbicides and insecticides. This enhancement should be part of the golf course management protocol. Page 29 Point 2 — The monitoring program will provide short term and long term input to the effectiveness of the best management practices. Changes can be made based on the findings of the monitoring program if necessary, 12/12/2007 2:50:23 PM H:1P roj%DF" 0) M 511Yp1De1-1, Response to Comments 12-11.07.doo - 127 - Public Planning - January 23, 2008 Page 6 W eirFoulds December 12, 2007 Page 29 Point 3 — See our response to this point on page 4.. The water taking for this development represents only 0.2% of the total water takings listed on pages 26 and 28. As well, the water taking is only for residential use and not for irrigation. Page 29 Point 4 — This point was raised by Mr. Woerns in his peer review. Our response is as follows. Road salt application is an accepted method for controlling icy road conditions used by the Town of Aurora and the Region of York. It is well documented that road salt does increase the concentration of sodium and chloride in the groundwater beneath and immediately adjacent to roads. However, concentrations normally would not exceed the Ontario Drinking Water Quality Standards at the source, and will become diluted as groundwater flows away from the source. The closest downgradient wells to the proposed residential development are approximately 400 m away in the Bovair Trail Subdivision. If there was to be an effect on these wells, it is more likely to occur from road salting on Leslie Street and Bovair Trail. Lawn fertilization including herbicide and pesticide use is a traditionally accepted practice. Some municipalities have banned or are in the process of banning herbicides and pesticides. In view of the generally fine grained texture of. the surficial soils and the depth to the groundwater table in the vicinity of the residential development, the use of these materials should not have a measurable effect on groundwater quality. We note that most of the area of the proposed residential development is currently cultivated. There is no regulatory control of these chemical for agricultural use for this area. Page 30 — The level of detailed study is adequate for the TRCA and Region of York based on comments received to date. Also, the Ministry of the Environment has considered the water supply study adequate based on their issuance of the Permit To Take Water from a technical perspective. Thus, in our opinion, further study is not warranted. We recognize that once the Environmental Assessment is approved that we will need to re- apply for the Permit To Take Water. Our technical studies demonstrate that the changes in the water balance are reasonable and the development adequately protects water resources. We are continuing our discussion with Mr. Woerns on these matters. 12112120072:50:23 NM IC\Prejl9Blloi9W5\WpW U-4 Response m Comments 12.11-09.doc - 128 - Public Planning - January 23, 2008 Page 7 WeirFoulds December 12, 2007 We trust that this information is sufficient. If there are any questions, please contact us. Yours truly, JAGGER IIIMS LIMITED D. E. gger, P.Eng. Consulting Engineer DEJ:nah Attachments C. Mr. Ken Chow, Sernas Associates Mr, Derek Coleman, Ages Consultants Ltd. 12/12120072:50:23 IN H:XhrojWW 019W5\Wp\DL3-L Response to Cammmts 13-11-0Zdpc -129-