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AGENDA - General Committee - 20060110
u FAi, ff -Q I r A GENERAL CO nsENon N0.06-01 ITTEE TUESDAY, UNUARY 10, 2006 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE 06/01 /06 TOWN OFAURORA GENERAL COMMITTEE MEETING AGENDA NO. 06-01 Tuesday, January 10. 2006 Council Chambers 7:00 p.m. Councillor Buck in the Chair. I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. 111 DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION V DELEGATIONS (a) Ms. Mary -Francis Turner, Vice -President, York Region Transit (pg. D-1) Re: Update on the Status of the VIVA program Vl CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION VIl OTHER BUSINESS, COUNCILLORS General Committee Meeting No. 06-01 Page 2 of 6 Tuesday, January 10, 2006 V111 IN -CAMERA Legal Matter 1:1Wate]►VAI►Vil:11i•h]:11N THAT this Committee proceed In -Camera to address a legal matter. IX ADJOURNMENT General Committee Meeting No. 06-01 Page 3 of 6 Tuesday, January 10, 2006 AGENDA ITEMS 1. CS06-001— New Noise Regulation By-law (pg. 1) 2. 3. RECOMMENDED: THAT the report on the proposed Draft Noise Regulation By-law be received for information; and THAT the draft By-law be circulated to the Economic Development Advisory Committee and the Environmental Advisory Committee for their review: and THAT a notice be placed in the Notice Board and Town's Website inviting public input prior to final approval by Council. PL06-002 — Servicing Allocation Policy RECOMMENDED: (pg. 15) THAT the Policy for the Allocation of Servicing Capacity, Appendix 1, be adopted by Council; and THAT, based on the approved Policy, staff prepare an allocation chart indicating ranking of submitted applications. CS06-003— Installation of Accessibility Doors at Town Hall and the Leisure Complex RECOMMENDED: (pg. 32) THAT Council accept and endorse the tender submission from Stanley Doors Canada Ltd. for the installation of accessibility doors at Town Hall and Leisure Complex at a cost of $101,339; and THAT funding for this project be allocated from the Accessibility Advisory Committee budget and the Leisure Complex Capital budget. General Committee Meeting No. 06-01 Tuesday, January 10, 2006 Page 4 of 6 4. PL06-003 — Zoning By-law Amendment and Subdivision (pg. 37) Applications Town of Aurora Part of Lot 19, Concession III 15059 Leslie Street Files D14-05-04 and D12-05-1A RECOMMENDED: THAT Report PL06-003 be received as information. 5. PL06-004 — Applications to Amend the Official Plan (pg. 42) and Zoning By-law Priestly Holding Corp. (Montessori School) Part of Lot 80, Concession 1, E.Y.S, Block 5 of Plan 65M-2976 and Block 45 of Plan 65M-3461 Files D09-04-05 and D14-17-05 RECOMMENDED: THAT Council receive as information the following overview of the proposed Applications to Amend the Official Plan and Zoning By-law (Files: D09-04-05 and D14-17-05), and schedule these applications for the Public Planning Meeting of February 22, 2006. 6. PL06-005 — Official Plan Amendment and Zoning By-law (pg. 47) Amendment Applications 4240111 Canada Inc. (Origin Retirement Communities Inc.) Northwest corner of John West Way and Hollandview Trail Lot 82, Concession 1, Part 6 Plan 65R-14423 Files D09-01-06 and D14-01-06 RECOMMENDED: THAT Council receive as information the following overview of Official Plan Amendment and Zoning By-law Amendment Applications, D09-01-06 and D14-01-06 scheduled for the February 22, 2006 Public Planning Meeting. 7. PL06-006 - Planning Applications Status List (pg. 55) RECOMMENDED: THAT the Planning Applications Status List be received as information. General Committee Meeting No. 06-01 Page 5 of 6 Tuesday, January 10, 2006 8. FS06-001 — Financial Review at September 30, 2005 (pg. 90) Q 10. RECOMMENDED: THAT the Treasurer's report FS06-001 "Financial Review at September 30, 2005" be received for information. FS06-002 — 2006 Interim Tax Levy RECOMMENDED: (pg. 103) THAT Council for The Corporation of the Town of Aurora authorize a 2006 Interim Tax Levy on all rateable real property in the Town, which has been assessed according to the last revised assessment roll; and THAT the 2006 Interim Tax Levy be set as legislated at 50% of the total 2005 taxes payable on each property; and THAT the 2006 Interim Tax Levy be paid in two relatively equal instalments due on Monday, February 22, 2006 and Monday, April 24, 2006; THAT the Director of Financial Services/Treasurer be authorized to amend in whole or in part any billing in order to comply with any Provincial Legislation which may be introduced or passed by the Province of Ontario prior to or after the issuance of the 2006 Interim Tax Billing; and THAT By-law number 4757-065 be enacted at the January 17, 2006 Council Meeting. Correspondence from Councillor Kean Re: Inquiries regarding Stickwood Walker ECO Homes RECOMMENDED: THAT the Committee provide direction on this matter. (pg. 108) General Committee Meeting No. 06-01 Tuesday, January 10, 2006 Page 6 of 6 11. Memo from the Chief Administrative Officer (pg. 109) Re: Time Frame Set Out in Report TR05-025 - Disposition of Aurora Hydro Connections Sale Proceeds RECOMMENDED: THAT the correspondence be received for information. 12. PL06-001 —Request to Waive Purchasing Policy with Respect (pg. 110) to Consulting Services Update of Studies in Support of Regional Official Plan RECOMMENDED: THAT the Town's Purchasing Procedure be waived with respect to sole sourcing of consulting studies; and THAT Hemson Consulting Ltd be authorized to complete updates of the work previously completed by them respecting: population and employment projections as outlined in Schedule "A" to Figure 1; Fiscal Impact Study to demonstrate compliance with Section 7.3.8 of the Regional Official Plan; and confirmation of the role of the 2C lands in the municipal Growth Management Study in support of a Regional Official Plan Amendment to expand the Regional Official Plan boundaries to include the 2C lands within the Urban Area. The above noted work is also required to take into consideration the intensification policies of the Provincial Growth Plan, the Provincial Policy Statement and the Regional Official Plan. 13. CS06-004 — Council Pending List - Status Report (pg. 123) RECOMMENDED: THAT CS06-004 be received for information purposes. GENERAL COMMITTEE - JANUARY 10, 2006 Delegation (a) D 1 GENERAL COMMITTEE - JANUARY 10, .2006 appr•ox< rnaYa hours of service • VVeelcdays 5.30 a.m-- midnight • Sawrdays 6 30 a.m. — mklnight • Sunda'rs 8:00 a.m — midnight freciuent service, 7 days a liveek 10 minutes or less during pea, pemd> (.w-,ekdaya 6 30 - b ai,a- and 4 - 6:30 p.771.; 15 minutes or iess the rest of the vil -zF D 2 GENERAL COMMITTEE - JANUARY 10, 2006 ia A To 4 INS .x�-,'m•' G � r a J✓" a� 3 ' - �r � `t'✓�'''J r`'rF1r>'F✓.f ✓eF'x . r F „J Q..,,W Q a" D 3 GENERAL COMMITTEE - JANUARY 10, 2006 GENERAL COMMITTEE - JANUARY 10, 2006 D 5 GENERAL COMMITTEE - JANUARY 10, 2006 Boll LinNs Passengers transferring from YRT to Viva need to request � mua•rB,rB a a transfer at time fare is paid z, a For a tvio-zone trip. a two -zone 191h-Gambl a transfer must be requested t Bernard e All tickets and passes sold for one -zone or two -zone trave! p name a ji . Zone Upgrade tickets also available frorn fare eglaipment i , I CenM1n nY Nell Cornell Martin a,u,.".°siir p � si:iian s00lif',J•• ,M�a, GENERAL COMMITTEE - JANUARY 10, 2006 a GENERAL COMMITTEE - JANUARY 10, 2006 GENERAL COMMITTEE - JANUARY 10, 2006 Increasa m overall [rani, mode share Viva is exceeding customer expectations in terms or Redluced travel tines m De7icm ol vehicles and GENERAL COMMITTEE - JAN U RY l% ym D 10 GENERAL COMMITTEE - JANUARY 10, 2006 p 11 GENERAL COMMITTEE - JANUARY 10, 2006 D 12 GENERAL COMMITTEE - JANUARY l% mQ D 13 GENERAL COMMITTEE - JANUARY 10, 2006 AGENDA ITEM # :1 TOWN OF AURORA GENERAL COMMITTEE REPORT No. CS06- 001 SUBJECT: New Noise Regulation By-law FROM: Bob Panizza, Director of Corporate Services DATE: January 10, 2006 RECOMMENDATIONS THAT the report on the proposed Draft Noise Regulation By-law be received for information; and THAT the draft By-law be circulated to the Economic Development Advisory Committee & the Environmental Advisory Committee for their review; and THAT a notice be placed in the Notice Board and Town's Website inviting public input prior to final approval by Council. BACKGROUND The Town's By-law Enforcement staff normally investigates approximately 50 to 60 complaints per year from residents regarding noise concerns. According to staff these issues are resolved with the cooperation of the property owner without the need to initiate any litigation. The current Noise Regulation By-law 3809-97.P was enacted in 1997 and has served the needs of the Town in addressing most issues that have been presented. COMMENTS The existing by-law, a copy of which is attached as Appendix #1, contains a standard format that had been generally used in many municipalities in the past, however it is no longer acceptable as a result of a recent decision rendered by the Provincial Court in a nearby municipality which deemed to be too subjective and therefore dismissed by the Court. In order to overcome this shortfall, staff has redrafted a new Noise Regulation By- law, attached as Appendix #2, that eliminates some of the ambiguity of the existing legislation by providing direct parameters on permissible noise levels and the time limitations and locations in the Town. —1— GENERAL COMMITTEE — JANUARY 10, 2006 10, 2006 - 2 - Report No. CS06-01 The proposed by-law will provide greater clarity as a working tool for staff and as well, will be beneficial in responding to any public concerns that may arise regarding unpleasant noise issues. As outlined, the new by-law expands on the current regulations by providing not only a list of the prohibitions (Schedule A) which currently exists, but also adds a list of exemptions (Schedule C) and a schedule that outlines specifically the times noises are permitted and prohibited (Schedule B). OPTIONS The proposed by-law presented is one of two model by-laws commonly used in most municipalities in Ontario. An alternative to the draft by-law that has been presented, is a more complex version that is presently used by larger urban centres such as Toronto, Brampton, and Hamilton. The more detailed version provides specific decibel tolerance levels for ambient noise and technical expertise that would exceed the normal issues that are presented to enforcement staff in Aurora. In addition to specialized sound monitoring equipment estimated to be approximately $7,500, extensive staff training would also be required to implement the more detailed version currently being used by larger urban centres. Consequently staff recommends that the proposed by-law is adopted as the new standards for the Town. FINANCIAL IMPLICATIONS The implementation of the proposed by-law would not have any financial implications on the Town as it is a direct replacement of current legislation that is enforced by Town staff. LINK TO STRATEGIC PLAN Goal A To maintain a well managed and fiscally responsible municipality ATTACHMENTS Appendix #1 — Current Noise Regulation By-law Appendix #2 — Draft New Noise Regulation By-law —2— GENERAL COMMITTEE - JANUARY 10, 2006 January 10, 2006 - 3 - Report No. CS06-01 PRE -SUBMISSION REVIEW Management Team Review - January 4, 2006 Prepared by. Bob Panizza ext. 4221 &qkBob Panizza Director of Corporate Services -3- ENERAL COMMITTEE — JANUARY 10, ,2006 APPENDIX #1 THE CORPORATION OF THE TOWN OFAURORA By-law Number 3809-97.P BEING A BY-LAW to regulate and prohibit the causing of noise or nuisance. WHEREAS the Municipal Act, R.S.O. 1990, c.M.45 (as amended) authorizes Council to enact by-laws prescribing the causing of noise or nuisance; AND WHEREAS it is deemed appropriate that inhabitants of Aurora should not be subjected to undue noise or to nuisance; NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora ENACTS AS FOLLOWS: Definitions In this By-law: (a) "Construction Equipment" includes any self-propelled motor vehicle of a design commonly used in the construction of public highways or buildings, including but not limited to asphalt spreaders, dump trucks, concrete paving or finishing machines, motor graders, rollers, tractor -dozers and motor scrapers, track and wheel tractors of all kinds while equipped with mowers, post -hole diggers, compactors, weed -spraying equipment, snowblowers and snowploughs, front-end loaders, backhoes or rock drills, power shovels on tracks and draglines on tracks; (b) "Corporation" means the Corporation of the Town of Aurora;' (c) "Holiday" shall have the meaning assigned to that term in the Interpretation Act, R.S.O. 1990 c.I11 (as amended) and "holiday" shall include Sundays; (d) "Noise" shallmean a noise that disturbs or is likely to disturb other persons or animals; (d) "Person" includes a natural individual and their heirs, executors, administrators or other legally appointed representatives, a corporation, partnership or other form of business association; (e) "Prohibited Noise or Nuisance" shall mean the noises and nuisances caused by the acts or omissions set out in Schedule "A" to this By-law; (f) "Quiet Area" shall mean any area within 60 metres of a "hospital" or a "nursing home" as those terms are defined within the meaning of the Corporation's Zoning By-law 2213-78 (as amended or successor legislation thereto"); (g) "Residential Area" shall mean any area zoned for residential land uses within the meaning of the Corporation's Zoning By-law 2213-78 (as amended or successor legislation thereto"); (h) "Town" means the geographic limits of the Corporation of the Town of Aurora; —4— ..GENERAL COMMITTEE-.JANUARY 10, 2006 -2- Regulations Respecting Noise and Nuisance 2. . No person may cause a noise that disturbs or is likely to disturb other persons or animals or permit the continuance of a noise caused by circumstances under his or her control. 3. No person may cause a nuisance or permit the continuance of a nuisance caused by circumstances under his or her control. 4. No person may operate any Construction Equipment between 7:00 pm of one evening and 7:00 am of the following day in a manner that creates a noise or a nuisance and no person may operate any Construction Equipment on a Holiday in a manner that creates a noise or a nuisance. S. No person may construct, build, alter+ modify, erect, repair, demolish or dismantle any building or structure between 7:00 pm of one evening and 7:00 am of the following day in a manner that creates a noise or a nuisance and no person may construct, build, alter, modify, erect, repair, demolish or dismantle any building or structure on a Holiday in a manner that creates a noise or a nuisance. 6. No person may cause a Prohibited Noise or Nuisance in,a manner that creates a noise or a nuisance or permit the continuance of a Prohibited Noise or Nuisance caused by circumstances under his or her control. Exemptions for Emergency Circumstances and for Highway Construction 7. Notwithstanding the provisions of this By-law, it shall not be unlawful for any.person to cause noise in circumstances where the noise is necessary to protect the health and safety of inhabitants in the Town or where the noise is essential for the preservation of property in emergency circumstances, provided the noise does not last longer than is necessary for such purposes. 8. Notwithstanding the provisions of this By-law, it shall not be unlawful for any person to cause noise in circumstances where the noise is related to the construction, Ieconstruction or repair of any municipal, provincial or federal public works, including the construction, reconstruction or repair of any public highway. Council Resolution to Exempt 9. Any person may make application to Council for an exemption from the provisions of this By-law and Council, by resolution, may in its sole discretion refuse or grant the exemption on such terms and conditions as Council sees fit. 10. Applications for exemption shall be [Wade in writing before the occurance of the noise or nuisance and shall contain: (a) the name and address of the applicant; (b) a description of the source of noise or nuisance in respect of which exemption is sought; (d) the duration for which the exemption is sought; (e) the reasons why the exemption should be granted; (f) where applicable, an explanation of the measures proposed to bring about compliance with this By-law or to abate the noise or nuisance during the period of exemption; and (g) payment of such fee as Council may prescribe from time to time to cover its expenses for such applications, which shall include publication in a newspaper of general circulation within the Town of a notice respecting the date of Council's consideration of the exemption sought; -5- GENERAL COMMITTEE - JANUARY 10, 2006 -3- Penalty: 11. Every person who contravenes any provision of this by-law is guilty of an offence, pursuant to the. provisions of the Provincial Offences Act, R.S.O. 1990, c.P. 33 (as amended) and, upon conviction, is liable to a fine of up to $5,000 or to the maximum fine applicable pursuant to that legislation. General Provisions 12. The provisions of this By-law shall apply to all lands and premises within the Town of Aurora. 13. Should any section of this By-law be declared invalid by a court of competent jurisdiction, such section shall be construed as being severed herefrom and the remainder of the By-law shall continue in full force and effect. 14, The short title of this By-law shall be the "Noise and Nuisance Control By-law". 15, By-law Number 3089-89 be and is hereby repealed. 16. The provisions of this By-law shall come into force and effect upon third reading hereof. READ A FIRST AND SECOND TIME THIS 9TH DAY OF APRIL, 1997. READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF APRIL, 1997. MAYOR L. ALLISON, MUNICIPAL CLERK Q. .GENERAL COMMITTEE - JANUARY 10, 2006 SCHEDULE "A" PROHIBITED NOISE OR NUISANCE (a) Revving or racing the motor of any motor vehicle; (b) The operation of a motor vehicle in such a way that its tires squeal; (c) The operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and in constant operation; (d) The operation of a motor vehicle or a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance. (6) The operation of any engine or motor in or on any motor vehicle, including auxiliary equipment thereto, for a continuous period exceeding five minutes while such motor vehicle is stationary in a Residential Area or a Quiet Zone unless: (i) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the engine or motor vehicle, in which case such recommended period shall not be exceeded; (ii) operation of such engine or motor vehicle is essential to a basic function of the vehicle or equipment, including but not limited to, operation of ready - mixed concrete tricks, lift platforms and refuse compactors, provided the vehicle is stationary and is being used for such purposes; (iii) weather conditions justify the use of heating or refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo, provided the vehicle is stationary for purposes of delivery or loading; (iv) prevailing low temperatures make longer idling periods necessary immediately after stating the motor or engine; or (v) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit; (f) The operation of a motor vehicle horn or other -warning device except where required or authorized by law or in accordance with good safety practices; (g) The operation of any item of construction equipment in a Quite Zone or Residential Area without effective muffling devices in good working order and in constant operation; and (h) The operation of any air conditioner that does not accord with the noise emission standards set forth in Technical Publication NPC-216 "Residential Air Conditioning Devices" issued by the Ministry of the Environment dated October, 1993, which is on file with the Corporation; -7- GENERAL COMMITTEE - JANUARY 10, 2006 THE CORPORATION OF THE TOWN OF AURORA APPENDIX #2 By-law Number XXXX-05.P BEING A BY-LAW to regulate and prohibit the causing of noise in Elie Town of Aurora. Ah WHEREAS Subsection 129 (1) of the Mri'nrerp ! Act NN, ®'�q 2001, c. 26 as amended, authorizes Council to enact a by fawJ9 pro hif7itf dregute wtt respect to noise; NOW THEREFORE the Council of theCorpgr f eTown ofAuror�ep c, s follows: 1111AyIill IY0[OR 675 (a) Construction includes the erot'o alteration repaid, 1fi , demolition, structural maintenance of iu ding clearing, e�dng, grading, excavation, blasting and ddionatrnn'-afex losive devices o`1W � than fireworks, the laying of pipe, and twhetc elow ground level, highway building, concreting, e p ent ins�latib rid �Ifermon and the structural installation of constru h�ux mpon rib an eirAf9n any form or for any purpose, and included°'asso� or reff#°work; (b) Constructio EPment me"' I o nt or device designated and intended ffoor �a construction=orrmat�iaT,ltlai"_n'dling, including but not limited to air coun_fessors, pile drivers ppeeu e or hydraulic tools, bulldozers, tractors ex�gygfols, trenchers, craned d ricks, loaders, scrapers, pavers, generator a l tray haulers trucks, ditchers, compactors and rollers, pumps, coirc ee3e mr ers graders, or other material handling equipment; ft-�r �� (cg�o ercial Are tn�a�tsn Il�areas zoned as commercial under the Town's Z �ntrTo- Ci law as amenc[ed d ro' () Cop�eat�gn@ eons The Corporation of the Town of Aurora; (a) Emergent ns a situation or an impending situation, which may be dangerou s d by the forces of nature, an accident, an intentional act or othenaisehic arises suddenly and requires prompt action to remedy the V? Vehicle includes an ambulance, air ambulance, police police vehicle, a fire department vehicle and any vehicle used to an emergency; (g) Industrial Area means all areas zoned as industrial or business park under the Town's Zoning By-law as amended; (h) Motor Vehicle includes an automobile, bus, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven other than by muscular power; (1) Municipal Service Vehicle means a vehicle operated by or on behalf of the Corporation while the vehicle is being used for the construction, repair or maintenance of a highway, including the removal of snow, the construction, repair or maintenance of a utility service, the collection or transportation of waste, or any other municipal service; GENERAL COMMITTEE - JANUARY 10, 2006 By-law No. XXXX-05.P Page 2 Q) Noise means an unwanted and excessive sound; (k) Person includes a corporation, a person, partnership or sole proprietorship; (1) Premises means a piece of land and any buildings and structures on it and includes a place of business, road or any other location or place; (m) Residence means a room, suite of rooms, or dwelling, operated as a housekeeping unit that is used or intendeto be used as a separate domicile by one or more persons, and that normally corttbos cooking, eating, living, sleeping and sanitary facilities; AN, FIN (n) Residential Area means all areas zopci ri te—s: e fMaf under the Town's Zoning By-law as amended; gym„ (o) Public Holidays means thos&II Standards Act, 2000 which consr: Friday, Victoria Day, Canada Day, Day, and December 26. (p) Town means The Corporation of the 2. SCOPE: 2.1 The general prohi r+ €T v� to the lands within' me TEm 2.2 The prohibitions o ri ivit shall app( "- r lands wit areas of€ �T:own during Schedul = 2.3 TAM-6-6 emctions ri7a New Schedule A shall apply described in Schedule B commercial and industrial en the hours specified in iescribed in Schedule C shall apply to lands at all times. 3.1 `Tpi65; tWervices S-6dtion of the Town of Aurora will be responsible for the `r Miation and enforcement of this by-law. Mp 3.2 All Pro More Officers with the authority to enforce the by-laws of the ToMore as well as officers of the York Regional Police Dept. have 4ieority to enforce the provisions of this by-law. 3v3 An�p rs©n may apply for an exemption to the prohibitions described in th ched Schedules of this by-law. u 3 4 A fications for exemptions for sections 3, 10, &11 of Schedule B of this T°G -law shall be directed to By-law Services Section for consideration. All other exemption requests shall be forwarded to Council in writing for consideration and its decision shall be final. 3.5 If an application for exemption to the by-law is approved, the exemption will be in effect for the dates and times specified and with any imposed conditions therein. 3.6 If any of the exemption conditions imposed are contravened, the exemption shall be immediately revoked. -9- GENERAL COMMITTEE - JANUARY 10, 2006 By-law No. XXXX-05.P Page 3 4. APPLICATION: 4.1 No person shall, at any time, make, cause, or permit the making of noise within the Town that is the result of any of the activities described in Schedule A and that is audible to: (a) a person on or in a premises otheMhan the premises from which the noise is originating; or - .r (b) a person in a residence other than t�i�r. i e from which the noise is originating. ARM 4.2 No person shall, during the=and e €hW hi�scifiedn Schedule B, make, cause Qom it t e aking ofapset�iirfJi residential, commercial or indus aurea: as defined b)-hLosvr Zoning By-law as amended tfi`4ff F esult of any of iMe aet1 les described in Schedule B and tha itze t (1) a person on or in a premis(iFotherr gre. ises from which the noise is originatigikgr (2) a person in a r�rbEn the residence rom which the noise is origiam . _ 5. EXEMPTIONS: W PEW 5.1 The prohidipia, described 4�Ed,4edules d B do not apply if the noise is the re c asures un = . amir i" mergency for the: (1) '"t(ate health, safe�ty�welfare of the persons and animals; �-1,, (2) 4�feser dati r or restoration of property. 5Pe prohibii _esc� a in Schedules A and B do not apply if the noise esult of V t escribed in Schedule C. 5.3 Thtions descril3'etl in Schedules A and B do not apply if the noise is ffJ R, of an activity that has been granted an exemption under SCHEDU F(e (ollowf%LL§;pot edules are attached and form part of this by-law: fW )iAll General Noise Prohibitions Sch d l B Noise Prohibitions by Time and Place Schedule C Exemptions to the Noise Prohibitions -10- GENERAL COMMITTEE - JANUARY 10, 2006 By-law No. XXXX-05.P Page 4 7. OFFENCE AND PENALTY PROVISIONS: Any person who contravenes the provisions of this by-law is guilty of an offence and, upon conviction, is subject to a fine as provided for in the Provincial Offences Act and to any other applicable penalties. This by-law comes into force upon enactment 9. REPEAL OF BY-LAW: By-law Number 3809-97 is hereby READ A FIRST, SECOND AND THIRD TIME THIS D_El ti` j2' 2006. -11- GENERAL COMMITTEE - JANUARY 10, ;2006 By-law No. XXXX-05.P Page 5 SCHEDULE A GENERAL NOISE PROHIBITIONS 1. Operation of a motor vehicle or motorized snow vehicle in a race. 2. Operation of a motor vehicle in such a way as t l 6 alt., Ares. 3. Operation of a combustible engine or p eQmati dce ut an effective exhaust muffling device that is not in gQffla orking a 4. Operation of any construction equik@e ithou an'ff"edtiffiv ems must muffli device. Tg 5. Operation of a vehicle in a manner thtsz : .tinging, clankingglieaki or similar sounds. 6. Operation of a horn of a vehicle or other warning cxe_Pt where required or authorized for safety reasons WIMM 7. Excessive and unwarranted d�kui 1 or whining or i er similar persistent noise -making b-sc pets 8. Unauthorized setting off s orks� V!2or item of attached than five minutes while is essential to the basic ;e of heating of refrigeration system for the safety or welfare of the or the preservation of perishable -12- GENERAL COMMITTEE - JANUARY 10, 2006 By-law No. XXXX-05.P SCHEDULE B NOISE PROHIBITIONS BY TIME AND PLACE Page 6 Activity Prohibited Times Residential Commercial , Industrial Areas Areas Areas.- 1. Operation of any construction equipment in connection with construction. C and Ffilhadba C and F 2. Erection, alteration, repair, dismantling,' of any structure or activity related tod C and F construction. 3. Operation of any device or group of connected devices intended for the ; production, or reproduction of amplified -= C = C voices, music or sound. 4. Operation of a combustible engine that (i) is, or (ii) is used in, or (Ili) is intended for use in a toy or model or replica of a larger device, which is not a vehicle for transport D V E and which has no purpose other than amusement. 5. Operation of an outdoor solid was"-e.�rllk lift or refuse compacting equipment C C 6. Operation of a mechanical cc = car wash. A& A E E D 7. Operation of voice act ate-Cdgdrive-thru order facilities. _'_ _ —/ E E 8. Operation of any a `the pr gas powere 7 tools for domestic c posother than for es� - I D E snow removal 9 Loading unloadin erg g o oise addling any oil e= roducts =o refuse e nl necessary fof d �rn'enai ce oia8 e s�ntial seRIWONNOW C and F D E =1(Y Yelling shou ng acting, whis a 4singing, the playm al instrume it ts, C E F _ or anv other noise. 11. Private and com uuitty functions held -q rivate roe E E E Prohibited Times 130.{5 06of one day to 0700 hours (7:00 am) of the next day 9 $i 4�9,p> nurs; (9:00 am) Sundays C. 19b'Qr.:j 6pm) of one day to 0700 hours (7:00 am) of the next day D. 2100 (9>:bOpm) of one day to 0700 hours (7:00 am) of the next day & 0900 hours (9:00 am) Sundays) E. 2300 (11:00pm) of one day to 0700 hours (7:00 am) of the next day & 0900 hours (9:00 am) Sundays F. All day Sundays and Public Holidays -13- GENERAL COMMITTEE - JANUARY 10, 2006 By-law No. XXXX-05.P Page 7 SCHEDULE C EXEMPTIONS FROM THE NOISE PROHIBITIONS 1. Operation of emergency vehicles. 2. Operation of municipal service vehicles, includinmunicipally contacted services, and related equipment including equip -for s; removal. 3. Authorized displays of fireworks. G =e 4. Midways, carnivals or circuses appra e _ the Tovvrr 5. Races, parades, processions and events f'or cere T�nial, re igrRbses, that have been authorized by the ToV�� R -�' 6. Operation of bells,.chimes, carillons and cTos i=hes, schools and 7x buildings that are open. Rn 7. Cultural, recreational, educationalradpolitical evenFszrr'a d other public places that have been artth trz�the Town v3 "re d. 8. Events open to the communmun i�rty or high ays that have been authorized by the Town HM 9. Non -emergency construc�iopIM -al econstroiion otreRai�ny municipal, provincial or federalt ubil rks it 0-1ng the a struction, reconstruction or repair of a public hig ay provedown nrora is given advanced written notice o oir rs to be w-or a a m utsid� he permitted construction hours. -14- GENERAL COMMITTEE - JANUARY 10, 2006 19 6 TOWN OF AURORA GENERAL COMMITTEE SUBJECT: Servicing Allocation Policy FROM: Sue Seibert, Director of Planning DATE: January 10, 2006 RECOMMENDATIONS [on No. PL06-002- THAT the Policy for the Allocation of Servicing Capacity, Appendix 1, be adopted by Council, and THAT based on the approved Policy staff prepare an allocation chart indicating ranking of submitted applications. BACKGROUND Council at its General Committee meeting of September 20, 2005 had before it our staff report dealing with Servicing Allocation that included both a proposed policy and By-law that establishes that no building permit can be issued without servicing allocation first having been granted. Council passed the following resolution: "THAT a public meeting to consider the passage of a By-law under Section 34(5) of the Planning Act dealing with the adequacy of services for new development be scheduled at the October 26, 2005 Public Planning Meeting; THAT Attachment 1 entitled `Policy for the Allocation of Water and Sewer Services" be received for information and that public input be sought regarding this proposed policy at the October 26, 2005 Public Planning Meeting; THAT the chart entitled "Applications Requiring Servicing Allocation" be received and consideration given after public input on the Policy for the Allocation of Water and Sewer Services has been received and Council has endorsed a policy. THAT the distribution of servicing allocation proposed by the developers group within the 2B area be received for information." As Council is aware, allocation of sewer and water capacity to permit development is constrained in York Region. Several major infrastructure projects have undergone additional review and study due to concern with the environmental impacts of these projects. The Region anticipates that very little additional servicing allocation will be available until mid 2010. Regional staff have undertaken a rigorous review of the overall system and identified a limited amount of capacity that remains available to service development in the mid term. On that basis, Regional Council has approved servicing —15— GENERAL COMMITTEE — JANUARY 10, 2006 January 10. 2006 - 2 - Report No. PL06-002 capacity to provide for growth based on population projections for each of the municipalities that are serviced by the York Durham Servicing Scheme. The Region's release of servicing allocation is based on the following being confirmed by each municipality: The enactment of a municipal -wide by-law under Section 34(5) of the Planning Act to prohibit building permits if servicing is not available, The adoption or reconfirmation of local sewers and water allocation polices, including the "use it or redistribute it policy". All allocation of the servicing capacity shall include conditions in accordance with Attachment 1 to the Regional staff report of June 23, 2005 entitled Table 4 Short Term Servicing Requirements by Municipality. In Aurora's case this additional capacity of 450 units is very modest as growth has proceeded at a rate consistent with planning projections. The number of applications under consideration however, exceed the amount of capacity available. Given this disconnect, it is important to establish a policy for distribution of allocation. While there is currently a series of criteria approved by Council to guide the allocation of servicing to applications, the criteria needs to be reviewed for its current applicability and acceptability to this Council. A process for this review is outlined below. At the November 22, 2005 Council meeting, By-law 4721-05.D, dealing with the adequacy of services for new development, was enacted by Council COMMENTS Current Process and Protocol: Servicing Allocation has long been a factor in development in York Region. Many of the fluctuations in the rate of development have related to releases of servicing capacity. As a result, Aurora has tracked development for many years and by means of a Development Allocation Chart. This continues to work in a satisfactory manner and staff are not proposing to make major changes to the format used other than adding a preliminary chart based on rankings. In 2000, a series of criteria were adopted by Council for guiding the allocation of servicing allocation. At that time a fairly major release of capacity had been made available and this criteria served the purpose of guiding what development received capacity. This criteria is as follows: Priority to front enders (this relates to those developers who front ended the installation of the water main to Leslie Street that was accelerated from to 2001 to allow the employment lands at highway 404 north and south of Wellington Street to proceed.) —16— GENERAL COMMITTEE — JANUARY 10, 2006 January 10, 2006 - 3 - Report No. PL06-002 • Priority to environmentally sensitive development (this relates to several developments where in keeping with Official Plan policies densities have been sensitive to the site and significant sensitive woodlot, wetland etc areas have been conveyed to the Town) • Priority will be given to projects that currently can be serviced, with no additional or minimal municipal investment in infrastructure (this simply reflects good engineering and fiscal management processes) • Priority will be given to projects that further the Town's economic development objectives • Council will retain a proportion of the allocation to ensure important projects can proceed (the 200 units reserved for Historic Core infill reflects this criteria) • Applications that represent a logical expansion of the community are favoured. (similar to the above criterion relating to servicing and infrastructure investment, this simply represents logical planning practices) • All development applications that meet criteria must use capacity within a reasonable timeframe (this is the use it or lose it scenario) At the time this was approved, some input was received from the development industry and most of the available capacity was allocated, in anticipation that a new release would be made for 2006. A limited release was made in 2004 most of which has been allocated. In June of 2005, an additional 450 units was released to Aurora the stated purpose of which was to provide for the completion of the 2B neighbourhood. As part of that release, the Region made several provisos noted above. Suggested Process and Protocol/Policy: Council has directed staff to prepare a matrix describing the various applications relative to the policy for allocation in its approved form that would assist Council in coming to conclusions on the various applications. This matrix will be completed upon Council adoption of the allocation policy (Attachment 1). Attachment 1 sets out a proposed policy for the distribution of servicing allocation. It is based on the previously adopted "criteria" and comments received at the Public Meeting. Several sections have been added to describe the administration of the policy and to make clear that Council will be solely responsible for assigning allocation and that such assignments will be premised on Council being satisfied with the nature of the development. The Policy also includes a table to clarify the "use it or lose it" requirements. The Policy provides a ranking for each category and will provide Staff with a formal method to evaluate each application. Based on such evaluation a preliminary allocation category —17— GENERAL COMMITTEE — JANUARY 10, 2006 January 10. 2006 - 4 - Report No. PL06-00 will be added to the allocation chart ranking each application. The format of the allocation chart is attached as Attachment 2. Once Council approves the Allocation Policy a final matrix will be prepared indicating the ranking of all submitted applications. List of Current Applications: Attachment 3 sets out the list of applications currently before the Town for consideration for servicing allocation. This list has been updated to include more details for each application. The total amount of capacity required should all of these developments proceed exceeds the amount of capacity available. As noted above, once the allocation policy is adopted by Council, all.the applications on the pending chart will be ranked based on the servicing allocation criterias. 28 Allocation Suggested Distribution: At the General Committee Meeting February 15, 2005 The Committee passed the following resolution: "THAT the chart entitled Servicing Allocation be amended to reflect 1015 units be reserved for the 2B area; and THAT the 2B Landowners Group be requested to submit their proposed distribution plan for the Phases 2 and 3 development; and THAT staff be directed to report on that proposed distribution from both a Planning and Engineering perspective; and THAT the monthly Planning Pending List be expanded to include monitoring of the 200 units reserve of Servicing Allocation in the Historic Core; and THAT the moratorium on the processing of new residential plans requiring servicing capacity be lifted in the 2"d quarter of 2005." The 2B developers have submitted their proposed distribution of the units that have been reserved for the 2B area. The proposed distribution includes developments that have not yet been considered by Council. Staff suggested that at this time this proposed distribution be received by Council and further considered when the aforementioned applications have been considered. At the February 22, 2005 Council meeting, Council supported the recommendation that 1015 units be reserved for the future phase of 2B. This reserved allocation has been added to the allocation chart (Attachment 2). OPTIONS Council has the option of altering the ranking of each "Criteria" or of adding or removing sm GENERAL COMMITTEE — JANUARY 10, 2006 January 10, 2006 - 5 - Report No. PL06-002 allocation criteria. FINANCIAL IMPLICATIONS The policy and by-law are tools for Council's use in planning for growth. Financial projections are based on approximately 400 building permits being issued each year. While it is difficult to ensure that this will happen in individual years, over a several year period this should be achievable based on the current allocation granted to the Town. LINK TO STRATEGIC PLAN The Strategic Plan has objectives of well planned growth. Careful consideration of the allocation of servicing capacity will help achieve this. CONCLUSIONS Staff have prepared a draft policy on servicing allocation (Attachment 1). Once this policy is adopted by Council all pending applications will be ranked in accordance with the criteria set out with in the policy. A sample ranking matrix is set out within Attachment 4. Projects that obtain the highest rankings will be prioritized for allocation. The allocation charts will be reviewed at least annually to ensure that prioritized projects are progressing towards obtaining formal allocation (The Council allocation trigger date is based on the table included within the allocation policy — Attachment 1). In addition once an application obtains formal Council allocation there is a "use it or lose it" policy within the allocation policy —Attachment 1. ATTACHMENTS Attachment 1 Policy for the Allocation of Servicing Allocation Attachment 2 Draft Allocation Chart Attachment 3 Current application details. Attachment 4 Sample Matrix of pending applications Figure 1 Location Plan — Allocated application Figure 2 Location Plan - Core area applications Figure 3 Location plan — Pending applications —19— GENERAL COMMITTEE - JANUARY 10, .2006 January 10, 2006 - 6 - Report No. PL06-002 PRE -SUBMISSION REVIEW Management Team Meeting - January 4, 2006 Prepared by: Jim Kyle, Extension 4345 SISeibbrt, M.C.l.P., R.P.P. Director of Planning -20- GENERAL COMMITTEE — JANUARY 10, 2006 Attachment 1 Policy for the Allocation of Servicing Capacity All development that will have the effect of creating new or additional residential dwelling units within the Town of Aurora and is subject to By-law 4721-05.D shall be governed by this policy. Servicing Allocation Policy A) In this by Policy i) "Servicing Capacity" means water and wastewater capacity within the York Durham Servicing System as distributed by the Region of York and allocated by the Town of Aurora. B) No residential development will be given final approval pursuant to the provisions of the Planning Act except in accordance with this policy. C) Non residential development shall not require the specific allocation of sevicing capacity but shall in all other respects be subject to the Town's policies, by-laws and conditions of approval pursuant to the provisions of the Planning Act with respect to servicing availability. This does not preclude the need to ensure that there is adequate capacity within the Town's distribution system. D) Council will be solely responsible for the allocation of servicing capacity to developments. Developers groups may request that such capacity is assigned to a property be transferred but the discretion to provide for any such transfer shall rest with Council. E) Applications that are incomplete (incomplete under the terms of the Planning Act or incomplete based on studies required by the Town as listed within the application review letter to the applicant) will not be considered for allocation. F) Applications for which a "file closure" letter has been sent will on the date set out within the letter lose their allocation unless the closure date is extended by staff. Priority Criteria Ranking The allocation of servicing capacity shall be based on the following: (Each of the following criteria has been ranked on a scale of 1 to 3 with 3 being the highest ranking). 1 —21— GENERAL COMMITTEE — JANUARY 10, 2006 1. Council shall give priority to those developers who front ended the installation of serving infrastructure in order to promote the development of the lands for which Council has prioritized (For example key employment areas). (Ranking 3) 2. Council will give priority to environmentally sensitive development that is in keeping with Official Plan and Provincial policies pertaining to environmental protection. (Ranking 2) In addition conveyance to the Town or other public authority of significant features such as woodlots, wetlands etc will increase the Ranking to 3. 3. Council will give priority to projects that currently can be serviced, with minimal or no municipal investment in infrastructure required. (Ranking 3). 4. Council will give priority to projects that further the Town's economic development objectives (Ranking 2). 5. Applications that represent a logical expansion of the community are favoured. (Ranking 2) 6. Applications that have satisfactory addressed all department and agency comments will receive a Ranking of 3. Applications that have not addressed all comments will receive a Ranking of 1 or 2 dependant on status. 7. Servicing Capacity will not be granted to any development unless it conforms to the Official Plan, and such policies respecting urban design, density etc. as may be contained within the Official Plan or guidelines prepared in accordance with it and Council has approved the development. (Ranking 0-3) Council will retain a proportion of the allocation to ensure important projects can proceed. The 200 units reserved for Historic Core infill reflects this criteria. Such developments must comply with the Town's Urban Design and heritage preservation objectives. (Currently applications under, consideration would utilize all of this capacity). All development applications that meet the criteria must use capacity within a reasonable timeframe in the application approvals chart below. Failure to use the capacity within this timeframe will result in the loss of the allocation. In addition the servicing allocation status list will be reviewed at least annually. 2 —22— GENERAL COMMITTEE — JANUARY 10, 2006 Application Type Council Allocation Trigger Deadline for use Allowable Tirreframe Plan of Subdivision Draft Approval Registration 2 ears* Plan of Condominium Draft approval Permit issuance 12 months Site Plan Execution of the agreement Permit Issuance 18 months Consent Committee Decision Permit issuance 18 months * The registered agreement shall contain a clause indicating a date for which allocation is removed should permits not be issued. In addition it is anticipated that larger subdivisions will phased and in this case the conditions of draft plan approval shall require a phasing strategy which must be adhered to in order to retain allocation for future phases. Updates to the Official Plan Policies, Provincial Policies and other regulatory policies may have the impact of changing the ranking of the allocation or adding new priorities. These shall be incorporated into the annual review of the allocation status list and this policy shall be revised accordingly. The allocation criteria will be used to evaluate applications and based on this evaluation a preliminary allocation chart will be prepared. Actual allocation will however be subject to Council approval of the application at the appropriate trigger date as set out in the above chart. S:\P1anning\D00 Generallservicing allocation\Servicing Allocation crieria Schedule A.doc 3 —23— GENERAL COMMITTEE - JANUARY 10, 12006 Attachment 2 Town of Aurora- Servicing Allocation- Updated December, 2005 # File Name File No. & Status & Date # of Site Characteristics & Detailed Status Date Approved units Received Council Allocated 1 Schickendanz D12-01A03 I Draft Approved 40 40 units in two main clusters, frontages 2001-04-11 2002-12-17 from 18-32.4m, depth from 34-82.3m. Engineering submission is under review/currently preparing subdivision agreement. 2 B-W Apartments D12-88100 150 units of approved 150 Zoned and draft approved blocks which allocation permit residential apartments and commercial uses. Staff are currently having discussions regarding the development of these lands. 3 Preserve D12-01-5A Registered 458 Lane and on -street townhomes and 2001-11-19 2005-09-08 detached dwellings on a variety of lot sizes. 4 McGrath D11-06-99 Committed allocation 30*** 5 Storey residential condominium building 2003-11-05 with some commercial space on the 15[ floor. File closure letter sent on 2005-10- 11. 5 Core Area Infill Committed allocation 200 SEE ATTACHMENT 4 6 Chapman Court D14-13-05 Committed Allocation 48** 48, 3-storey townhomes consisting of 34 D12-05-3A with double car garage and 14 with single 2005-04-22 car garage (originally allocated for 60 units). Was heard at the 2005-11-23 Public Planning Meeting. To go back to Council with further information. 7 J.A. D12-PLC- Approved 1 Creation of an additional "Suburban Developments 03-02 2005-05-10 Residential' development lot with a 2002-10-28 minimum lot size of 0.2 ha (0.5 ac). PLC By-law enacted 2005-05-10. Applicant must fulfill conditions of approval prior to release of Building Permit. 8 Lips D14-06-02 Servicing allocated 6 (7) Row Dwellings. Servicing allocated 2002-04-23 2005-09-27 and site plan delegated on 2005-09-27. D11-02-05 Currently reviewing 2"d site plan 2004-06-05 Site Plan Pending submission. 9 Galtek D07-01-5A Registered 13** Condominium Row Dwellings. Registered 2005-05-11 2005-09-26 on 2005-09-26. Subtotal 946* Reserved Allocation 10 Prato D14-22-00 Draft Approved 242 Detached dwellings, semi-detached 2000-05-23 2001-08-03 dwellings and townhouses. Zoning By- D12-00-7A law and subdivision approved by the OMB 2000-11-08 PLC By-law enacted on 2001-08-03. PLC By-law approved by D12-PLC- 2003-10-14 Council on 2003-10-14. Owner submitted 03-03 request to Town to permit development of 2003-08-19 Preservicing for residual SWIM parcel for residential on Phase 3, 2005-11-22 2004-03-03. Requested further information and clarification from the applicant on 2004-03-22. Preservicing ranted for Phase 3 on 2005-11-22. 11 St. Johns D12-00A01 Phase 1 Registered 404 Detached dwellings and semi- detached/linked dwellings. Subdivision -24- GENERAL COMMITTEE- JANUARY 10, 2006 Preservicing for agreement approved by Council on 2003- Phase 2, 2005-11-22 03-05. Phase 1 is registered. Preservicing granted for Phase 2 on 2005-11-22. 12 Preserve D12-01A05 Registered 167 Detached dwellings on a variety of lot 2001-11-19 2005-09-08 sizes. Registered on 2005-09-08. 13 Minto D14-12-04 Phase 1 Registered 205 Detached dwellings on a variety of lot D12-01-4A sizes, frontages ranging from 11.6m to (Amend) By-law Enacted/ 20m. Phase 1 is registered. 2004-11-26 Draft approved Implementing By-law and amendment to 2005-07-12 draft plan approved by Council on 2005- 07-12. Preservicing granted for Phase 2 Preservicing for on 2005-11-22. Phase 2, 2005-11-22 Subtotal 1018 Allocated Units Built Jan 1, 04 to Aug 31, 05 98 Total 2062 Original Region Allocation 2151 New Regional Assignment June 05 450 Total Region AI location 2601 Remaining Capacity a acit 539" Council has allocated 3 units to a pending Magna application due to reductions in units in an approved condominium, however, this allocation does not impact the total allocation figures. Council had originally committed an allocation of 60 units to Chapman Court, therefore the 12 extra units that were freed up were given to Galtek McGrath has Council approved allocation for42 units with 30 units previously committed and 12 units being used from the Core Area Infill allocation. -25- GENERAL COMMITTEE - JANUARY 10, 2006 Core Area Infill # File Name File No. & Status & # of Site Characteristics & Detailed Date Date Approved units Status Received 1 McGrath D11-06-99 Committed allocation 12*** Condominium apartments, including 2003-11-05 commercial space on the first floor. File closure letter sent on 2005-10-11. 2 Hannelore Lewis D09-04-02 Committed allocation 0** 14 one -bedroom and 22 two -bedroom D14-13-02 OPA Came into force condominium units. This file has 2002-11-08 2003-05-30 been withdrawn. 3 Sharp Fashions D14-04-96 By-law Approved 32 Condominium apartments, including 1996-02-16 2003-01-14 commercial space on the first floor. D11-08-00 Site Plan Approval Letter sent to close file on 2005-10- 2000-05-08 Pending 11. 4 Aurora Heights D14-08-02 By-law approved, site 61 4 one -bedroom, 55 two -bedroom and Development 2002-05-03 plan delegated 2 three -bedroom units for a total of 61 D11-01-05 2005-08-16 condominium units. By-law approved, 2004-12-15 site plan dele ated 2005-08-16. 5 Amourin - D09-03-97 Approved in principle 58 6-storey condominium building with Cordone D14-16-97 2005-06-29 commercial on ground floor (14 units 1997-08-12 79.9m or less, 26 units 80m-109.9m & 18 units 110m or larger). Approved in principle at the 2005-06-29 Public Planning Meath . 6 Totera D11-13-03 Committed Allocation 2 2 extra units constructed within a 4- 2004-11-24 storey condominium building, for a Site Plan Amendment total of 12 dwellings with office on the Delegated 2005-02-22. first floor. Site Plan Amendment delegated 2005-02-22. Agreement beina drafted. 7 Accardi D14-10-03 Zoning By-law Enacted, 2 (3) Townhouses. Zoning By-law 2003-04-14 Site Plan Delegated enacted and site plan delegated Dl l-02-04 2005-05-10 2005-05-10. Currently awaiting 2004-03-23 response to comments issued in D10-15/16-05 Consent Approved summer 2005. Consent approved 2005-08-04 conditionally 2005-09- conditionally 2005-09-08. Conditions 08 must be fulfilled b 2006-09-09. Total 167 Allocation 200* THIS LIST IS REFERENCED ON ATTACHMENT 2, ITEM NO. 5 The Town is having discussions with the Region pertaining to allocation in the core area and possibility of the implementation of a formula to calculate allocation based on smaller apartment type units. 36 were previously allocated but the application has now been closed McGrath has Council approved allocation for 42 units with 30 units previously committed and 12 units being used from the Core Area Infill allocation. -26- GENERAL COMMITTEE - JANUARY 10, 2006 Attachment 3 Applications Requiring Servi ing Allocation # File Name File No. & Status # of Site Characteristics & Detailed Date units Status Recieved 1 Pandolfo D14-21-03 Pending further 29 Single Detached Dwellings on a D12-03-2A information variety of lot sizes. Comments were 2003-05-07 issued on 2003-10-14. 2 FAI D09-07-03 Pending further 36 Single Detached Dwellings ranging in D14-24-03 information lot size from 0.09 he (0.21 ac) to 0.15 D12-03-4A he (0.36 ac). File closure letter sent 2003-07-29 in October 2005. 3 Polsinelli D14-04-01 Pending 52 Single detached dwellings with D12-01-1A frontages of approximately 18-24 m 2001-01-24 and a variety of lot sizes. Revised draft plan received in July 2004. Public Meeting to be held in early 2006, 4 Priestley (2B) D14-15-03 Application on Hold 100 "Medium -High Density Residential." (Clairetree) 2003-06-10 (est) Application on hold pending further consideration by applicant. 5 Mattamy (2B) D09-06-04 Pending further public 110 Mixed Use including "Medium -High S. Blue 2004-04-16 meeting Density Residential." Public Meeting D14-07-00 held on 2001-02-28. Pending further 1999-12-14 public meeting once outstanding issued are resolved. 6 Mattamy (Aurora) D14-23-00 Revised Draft Plan of 73 17 Row Dwellings and 56 Single Limited (2B) 2001-06-09 Subdivision is under Detached Dwellings. Staff was D12-00-8A review directed to prepare conditions of draft 2001-12-07 approval at the 2005-10-26 public meetin . 7 Magna D14-19-03 OMB decision appealed 10** Vacant land condominium for 10 D07-03-3A to divisional court single detached dwellings. OMB 2003-05-05 approved the plan, as modified by Council and in accordance with Council's conditions. Board order withheld pending allocation of servicing capacity. OMB decision appealad to divisional court. 8 Ballymore D14-04-04 Subdivision will 60 60 detached dwellings (48 lots D12-04-1A proceed once servicing ranging from 0.1 to 0.2 ha, 4 ranging 2004-04-11 is available from 0.2 to 0.4 he and 8 are larger than 0.4 he). Revised plan received 2005-11-11 and is currently under review. 9 Silverhill D14-30-03 Pending further public 8 Eight Row Dwellings. Council 2003-08-07 meeting directed applicant to address outstanding issues at the 2004-02-26 public meeting. Application to proceed to a further public meeting. File closure letter sent on 2005-03-16 and applicant responded to keep the file o an. 10 Preserve D09-05-02 Pending 12 Vacant land condominium for 12 2002-11-15 estate residential lots. OPA appealed D14-02-03 to the OMB on 2003-01-02. Motion to D07-03-1A consolidate with Preserve dismissed. 2003-01-24 Pending. * -27- GENERAL COMMITTEE - JANUARY 10, i2006 x U On 0 o 0 o So U U lu °z oi10 Y m <WO >-Z w O > Z U U oW0 � > Z m o 0 0 0 0 0 0 0 00 W O OZ ❑ Z TIMIN o M T sf o}° = MOM N O�-MN m x x N W O 0>-Z � O O N TIT T a>W-OZ 0 0 o o o o o 0 LL LL W 2 a } } Z W Wi N i Lu ❑ > Z i m N m N O< M a < I a Q 9 a a O yO Z O O m N O M N O N f U U � U � Z E ❑ >- 0 0 0 0 0 0 0 0 m L m iu z .- NOO O O N m N O N O T tD � aQ 6 � a N a W O � a > Z c p UUU<Nm�lri co nF- h'« N @ p U @ N N E w y T od m cm o � c m a a p N N N C y > N C > N p C N C a am L E O O N Ua�?. 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LL Z o .__ 3 W o c E E m E L u0 O � J 0z mT> L2M(L 0 5yo o H W I IP amna�ma� ? V! NM 7NM rM W -, - -- Z7 4 GENERAL COMMITTEE - JANUARY 10, 2006 TOWN OF AURORA FA�GENDA ��EI # 3 GENERAL COMMITTEE REPORT No. CS06-003 SUBJECT: Installation of Accessibility Doors at Town Hall and the Leisure Complex FROM: Bob Panizza, Director of Corporate Services DATE: January 10, 2006 RECOMMENDATIONS THAT Council accept and endorse the tender submission from Stanley Doors Canada Ltd, for the installation of accessibility doors at Town Hall and Leisure Complex at a cost of $101,339; and That funding for this project be allocated from the Accessibility Advisory Committee budget and the Leisure Complex Capital budget. BACKGROUND An accessibility audit was conducted in June 2005 by Associated Planning Consultants on four Town buildings namely: the Town Hall, the Library, the Leisure Complex and the Community Centre. The audit identified numerous items within the various facilities and provided a 5 year work plan and budget in order to systematically address and remove any accessibility barriers. The Aurora Accessibility Advisory Committee subsequently reviewed the consultant's submission and recommended that priority should be given to rectifying those barriers within the Town Hall and Leisure Complex as part of their 2005 project list. Accordinglythe following projects were identified for repair or replacement: Town Hall Vt floor • repair/replacement of automated front entrance door • installation of hardware to provide for automated doors for both washrooms 2nd floor • installation of hardware to provide for automated doors for both washrooms 3rd floor • installation of automated exterior main and secondary doors & hardware —32— GENERAL COMMITTEE — JANUARY 10, 2006 January 10, 2006 -2- Report No. CS06-003 Leisure Complex • installation of automated exterior entrance doors at front and rear of building Based on the Accessibility Advisory recommendations, the Leisure Services Dept. issued tender LS 2005 — 104 for the main door replacement and accessibility doors installation at the Aurora Leisure Complex and LS 2005 — 105 for the accessibility doors installation at Town Hall on November 8, 2005. A total of five firms retrieved tender documents for both tenders and two firms attended the mandatory site meeting for both tenders which was conducted on November 16, 2005. LS 2005 — 104 and LS 2005 — 105 closed on November 23, 2005. One firm, Stanley Canada, submitted bids in response to both LS 2005 — 104 and LS 2005 — 105 respectively. The amount of the bids were as follows: LS 2005 — 104 Leisure Complex Door Replacements $68,480 including GST LS 2005 — 105 Town Hall Door Replacements $32,859 including GST COMMENTS The proposed scope of work for LS 2005 -104 will provide 1) New doors and door hardware at the reception entrance doors to the Aurora Leisure Complex including a new accessibility door operator at one set of doors, 2) New sliding doors at the arena entrance and arena vestibule doors, 3) New doors and door hardware at the North (back) entrance doors complete with new accessibility door hardware and 4) New doors and door hardware complete with accessibility door operator at the internal vestibule doors to the pool reception area. The proposed scope of work for LS 2005 — 105 will provide: 1) New doors and door hardware at the entrance doors at the front of Town Hall complete with new accessibility door operators (one exterior railing mounted activator and one internal wall mounted activator), 2) New accessibility door hinges on all washroom doors on the first and second floor public washrooms complete with new accessibility door operators (six wall mounted operators in total), 3) New doors and door hardware at the exterior doors at the back of Town Hall (North Doors) complete with new accessibility door operators (one exterior railing mounted activator and one internal wall mounted activator) and 4) New door and door hardware at internal vestibule doors at the back of Town Hall (North Doors) complete with new accessibility door hardware (two wall mounted activators). —33— GENERAL COMMITTEE - JANUARY 10,!2006 January 10, 2006 - 3 - Report No. CS06-003 OPTIONS Council may approve the proposed projects or alternatively postpone the work for additional analysis. It should be mentioned however that the proposed funding allocation for these projects is from the 2005 budget which will be impacted if deferred or postponed. CONCLUSIONS It is therefore recommended that staff be authorized to proceed with the work based on the successful lowest bid from Stanley Canada Ltd. for the replacement and installation of new doors and accessibility door hardware at Town Hall and the Aurora Leisure Complex. FINANCIAL IMPLICATIONS LS 2005 — 104 Leisure Complex Door Replacement bid amount $68,480 includes GST, delivery and installation. Council had approved in the 2005 Capital Budget, $50,000 for project 72019 door replacement at the Aurora Leisure Complex . LS 2005 — 105 Town Hall Door Replacement bid amount of $32,859 includes GST, delivery and installation. Accessibility Advisory Committee has approved funding for this project from Council approved funding in the 2005 budget assigned to accessibility improvements in Town of Aurora buildings. As outlined the overall cost of this project is $101,339. It is therefore proposed that $75,000 of the cost of this project be allocated from the Accessibility Advisory Committee 2005 budget, and the remaining $26,339 be allocated from the Leisure Services 2005 capital budget. LINK TO STRATEGIC PLAN Goal A — Speaks to maintaining a well managed and fiscally responsible municipality as well as examining the long-term costs of maintaining all municipal assests. —34— GENERAL COMMITTEE - JANUARY 10, 2006 January 10, 2006 - 4 - No. CSO6-003 ATTACHMENTS Appendix #1 - Accessibility Advisory Committee Record July 19, 2005 PRE -SUBMISSION REVIEW C.A.O. Review, January 5, 2006. Prepared by: Aaron Karmazyn, Manager of Facilities/Property, ext. 4323 Bob Panizza, Director of Corporate Services, ext. 4221 bwt bob Panizza Director of Corporate Services A! � t / � - L4Z��- � Al Downey Director of Leisure Services -35- GENERAL COMMITTEE - JANUARY 10, 2006 APPENDIX #1 -TOWN OF AURORA COUNCIL REPORT No. ACCESS 05-05 SUBJECT: July 19, 2005 Accessibility Advisory Committee Meeting FROM: Chair Catherine Couchman Committee Members - John Lenchak, Vice -Chair; Councillor West, Jim Hamilton, Ivy Henriksen and Helen Kogan DATE: August 16, 2005 RECOMMENDATIONS 1. THAT the Committee Record of the Accessibility Advisory Meeting held on July 19, 2005 be received for information; and 2. Regional Accessibility Workshop THAT the notes from the Regional Accessibility Advisory Committee Workshop be received for information; and 3. Town of Aurora, Accessibility Audit of Facilities THAT staff be authorized to commence the tender process for the installation of accessible doors at the entrances of the Town Hall and the Aurora Leisure Complex; and THAT staff be authorized to prepare specifications and issue a tender for the retrofitting of the washrooms on the 1st and 2nd floors at the Town Hall including the construction of a walled entrance to the washrooms on the 15t floor to accommodate accessibility features; and THAT the Chief Executive Officer of the Aurora Public Library be requested to attend the next regular meeting of the Accessibility Advisory Committee to address the issues identified in the facility audit prepared by Associated Planning Consultants and provide the Committee with an estimated timeline of resolving the issues; and THAT staff be authorized to proceed with the remedial action plan for the Town Hall and Aurora Public Library as prioritized by the Accessibility Advisory Committee; -36- GENERAL COMMITTEE — JANUARY 10, 2006 [AG:F1.H:D:A::1TEM#4 Ut-TOWN OF AURORA GENERAL COMMITTEE REPORT No. PL06-003 SUBJECT: Zoning By4aw Amendment and Subdivision Applications Town of Aurora Part of Lot 19, Concession 111 15059 Leslie Street Files D14-05-04 and D12-054A FROM: Sue Seibert, Director of Planning DATE: January 10, 2006 RECOMMENDATION THAT Report PL06-003 be received as information. BACKGROUND The subject zoning by-law amendment application was before Council at the Public Planning Meeting held on June 23, 2005. The Town is proposing to amend the Zoning By- law from "Rural General (RU) Zone" and "Rural (RU-ORM) Zone" to "Business Park (BP) Zone" and "Major Open Space (0) Zone." The purpose of the application is to allow for the use of the lands for employment and ancillary uses, a stormwater management facility and possible recreational uses. At the Public Meeting, Council referred the application back to Staff in order to allow the Town and its consultants to address the comments received through the circulation of the application. The Town had originally intended to divide the subject lands into blocks by way of a reference plan, however as they worked on addressing the departmental and agency comments, they decided that a plan of subdivision would be preferable. The Town therefore filed the subject subdivision application on March 11, 2005 and the application proceeded to the Statutory Public Planning Meeting on June 29, 2005, where the application was approved in principle subject to the resolution of outstanding issues. COMMENTS The Town is required to revise the Hydrogeological Impact Study in order to demonstrate that fish habitat and groundwater will not be adversely impacted and revise the draft plan of subdivision to create a new block for access to the stormwater management facility. These items will need to be addressed prior to approval of the implementing zoning by-law and draft approval of the plan of subdivision. The Town's consultants are therefore currently in the process of revising the draft plan of subdivision in order to provide an access to the stormwater management block (Block 13) and provide access to the existing residence which abuts the Town lands to the southwest. Street A will therefore be extended in order to accommodate for this. —37— GENERAL COMMITTEE — JANUARY 10, 2006 January 10, 2006 - 2 - Report No. PL06-003 Furthermore, the Town's consultants are also in the process of revising the Hydrogeological Impact Study in order to demonstrate that fish habitat and groundwater will not be adversely impacted. Once these outstanding issues have been resolved the applications will proceed to Council for approval and draft approval at the earliest possible date. Planning Staff continues to receive correspondence from the landowner to the immediate south expressing their concerns with the subject applications. It was requested by Mr. Greg Dell, who represents these landowners, that this report address these concerns. Mr. Dell has stated that the road pattern and servicing for the proposed subdivision should be planned and designed to allow for future extension southwards onto the adjacent property, in the event that at some time, some or any portion of the lands should become eligible for development. The landowners to the south have been advised on several occasions that their property is not designated for urban development under the Oak Ridges Moraine Conservation Plan, and that the Town cannot plan for the development of lands which are undevelopable according to the Province. It should also be noted that the lands to the south have frontage onto Leslie Street, and therefore access to the property exists in the event that this property should someday be designated for development, as Mr. Dell suggests. At the latest public meeting Mr. Dell also expressed concern on behalf of his client, regarding the possibility of noise, dust, drainage and traffic arising from the applications. As stated in the June 29, 2005 Public Planning Report, final approval of the plan of subdivision will be subject to the submission of a Functional Traffic Report as well as a Noise Evaluation Study and Functional Acoustic Report which assesses the projected nuisances caused by noise and vibration within the development. Finally, a Grading Plan showing the general road (%) grades, major/minor flow routes and indicating any areas where retaining walls are proposed will also be required prior to the registration of the plan of subdivision and subdivision agreement. OPTIONS N/A FINANCIAL IMPLICATIONS As stated by the Town's Economic Development Officer, the subject lands represent an important opportunity for employment uses on various sized lots, including parcels larger than 4 hectares. This will enable the Town to attract new employers and to accommodate significant expansion of existing businesses that require larger development sites. CONCLUSION As mentioned above, the Town's consultants are currently in the process of revising the Hydrogeological Impact Study and preparing a revised draft plan of subdivision in order to address the comments which need to be addressed prior to the approval of the I" GENERAL COMMITTEE — JANUARY 10, .2006 January 10, 2006 - 3 - Report No. PL06-003 implementing zoning by-law and draft approval of the plan of subdivision. Once these issues are satisfied to the satisfaction of Town Staff and the Lake Simcoe Region Conservation Authority, the applications will proceed to Council at the earliest possible date. LINK TO STRATEGIC PLAN The Strategic Plan contains objectives to ensure high quality, comprehensive community planning to protect the overall investment of citizens in the community. Critical review of the subject application through the zoning by-law amendment and subdivision processes facilitates this objective. It also contains economic development objectives to encourage new employment. The proposed application would provide for an increased supply of well - located employment lands. ATTACHMENTS Figures Figure 1 - Location Plan Figure 2 - Proposed Plan of Subdivision (not yet revised) PRE -SUBMISSION REVIEW Management Team Meeting - January 4, 2005 Prepared by. Fausto Filipetto, Policy Planner Extension 4342 Vu Se , AC.I.P., R.P.P. rectoof Planning —39— tll0 GENERAL mA I \ )>o k\>.� /ui §m 2/© E \�L « \ .) EI - J m ARYI 2 7QQ q ! § - \}�\ GENERAL COMMITTEE - JANUARY 10, 2006 TOWN OF AURORA GENERAL COMMITTEE EAG:E:ND:A:1T:EM No. PL06-004 SUBJECT: Applications to Amend the Official Plan and Zoning By-law Priestly Holding Corp. (Montessori School) Part of Lot 80, Concession 1, E.Y.S, Block 5 of Plan 65M-2976 and Block 45 of Plan 65M-3461 Files: D09-04-05 & D14-17-05 FROM: Sue Seibert, Director of Planning and Development Services DATE: January 10, 2006 RECOMMENDATIONS THAT Council receive as information the following overview of the proposed Applications to Amend the Official Plan and Zoning By-law (Files: D09-04-05 and D14-17-05), and schedule these applications for the Public Planning Meeting of February 22nd, 2006. BACKGROUND Location The subject property is located at the north-west corner of Baview Avenue and Stone Road. It is legally described as Part of Lot 80, Concession 1, E.Y.S, Block 5 of Plan 65M-2976 and Block 45 of Plan 65M-3461. The property has the following characteristics: • a total site area of 0.45 hectares (1.10 acres); • road frontages on Bayview Avenue and Stone Road; • an existing house and detached garage to be demolished; and, • several mature trees. Surrounding Land Uses The surrounding land uses are as follows: North: existing residential lands; South: Stone Road, beyond which are existing'residential lands; East; Bayview Avenue, beyond which are vacant lands zoned 'Rural General (RU-3iii) -42- GENERAL COMMITTEE — JANUARY 10, 2006 January 10, 2006 - 2 - Report No. PL06-004 Exception Zone"; and, West: existing residential lands. Official Plan The subject property is designated "UR Convenience Commercial Centre" on Schedule `AA' within the North Bayview Residential Neighbourhood Secondary Plan (OPA # 61). An amendment to the secondary plan will be required to facilitate the subject proposal. Zoning By-law The subject property is currently zoned "Rural General (RU) and Local Commercial (H)C1-3 Exception Zone" within the Town of Aurora By -Law 2213-78, as amended. An amendment to the zoning by-law will be required to implement the subject proposal. PROPOSAL The subject applications to amend the Official Plan and Zoning By-law proposes a Montessori School and accessory uses on the subject lands. Details of this proposal are as follows: • 6 teaching classrooms in a one storey building with a gross floor area of 700 m2 (7,535 ft2); • a tot lot to be located at the rear of the proposed building on the west side of the property; • 28 parking spaces provided (inclusive of one handicap space); and, • access is proposed via Stone Road. PROVINCIAL POLICY STATEMENT The subject proposal is consistent with the provisions for the Provincial Policy Statement. SERVICING ALLOCATION Not applicable. FINANCIAL IMPLICATIONS Not applicable. —43— GENERAL COMMITTEE — JANUARY 10, 2006 January 10, 2006 - 3 - Report No. PL06-004 LINK TO STRATEGIC PLAN The Strategic Plan contains objectives to ensure high quality, comprehensive community planning to protect the overall investment of citizens in the community. The subject applications will facilitate this objective through the development of this new Montessori School. OPTIONS Not Applicable. CONCLUSIONS Staff recommends that Council receive as information the overview of the proposed Applications to Amend the Official Plan and Zoning By-law (Files D09-04-05 and D14- 17-05) and schedule the subject applications for the February 22, 2006 Public Planning Meeting. ATTACHMENTS Figure A - Location Plan Figure B - Conceptual Site Plan PRE -SUBMISSION REVIEW Management Team Meeting -January 10, 2006 Prepared by. Deborah Giannetta, M.Sc.PI. ert, MCIP, RPP of Planning and Development Services —44—