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AGENDA - General Committee - 20061003GENERAL CO AGENDA NO, 0646 ITTEE TUESDAY, OCTOBER 3, 2006 7:00 P.M. COUNCIL TOWN NALL PUBLIC RELEASE 30/09/06 TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 06-16 Tuesday, October 3, 2006 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. III ADOPTION OF THE MINUTES IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION VI NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS Vll DELEGATIONS (a) Mr. Kevin Lalonde pg. D_1 Re: Bathurst Street and McLellan Way Proposed Mountain Bike Course Construction General Committee Meeting No. 06-16 Tuesday, October 3, 2006 Page 2 of 8 (b) Mr. Linda Housser pg. D-6 Re: Item 4 - PW06-052 - North East Quadrant Traffic Calming Plan (c) Mr. Ron McKnight, Re: Aurora Historical Society pg. D-7 Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX CLOSED SESSION ►n["M X ADJOURNMENT General Committee Meeting No. 06-16 Page 3 of 8 Tuesday, October 3, 2006 AGENDA ITEMS 1. Central York Fire Services —Joint Council Committee Meeting pg. 1 September 20, 2006 RECOMMENDED: THAT the Minutes of the September 20, 2006 Central York Fire Services — Joint Council Committee Meeting be received for information; and THAT the following recommendation be endorsed: 1. JOINT COUNCIL COMMITTEE — SEPTEMBER 20, 2006 — ITEM 1 9-1-1 ADVISORY BOARD REQUEST Memorandum from 9-1-1 Ontario Advisory Board dated August 1, 2006 regarding funding assistance. The Fire Chief outlined the Board's request for funding and suggested that the funding assistance provided could be taken from the communications line of the Central York Fire Services budget. Committee members requested that this resolution be forwarded to the respective Councils for support. THAT the Joint Council Committee recommends to the Councils of the Towns of Newmarket and Aurora: THAT the memorandum from 9-1-1 Ontario Advisory Board dated August 1, 2006 regarding funding assistance be received and the following recommendations be adopted: 1. THAT the Association of Municipalities of Ontario be requested to investigate methods of long term sustainable funding; and 2. THAT one hundred dollars be contributed for each municipality (Newmarket and Aurora); and 3. THAT this resolution be forwarded to the Minister of Finance. 2. LSAC06-07 — September 14, 2006 Leisure Services Advisory pg. 6 Committee Meeting 1. THAT the Committee Record of the Leisure Services Advisory Committee meeting, held on September 14, 2006, be received for information and Council endorse the following recommendations of the Leisure Services Advisory Committee: General Committee Meeting No. 06-16 Page 4 of 8 Tuesday, October 3, 2006 2. Memo from Director of Leisure Services, Warranties for the new Recreation Complex and new Seniors' Centre THAT the warranties for the new Recreation Complex and new Seniors' Centre be received for information. 3. Memo from Director of Leisure Services, Revenues for the Concession and Pro -shop THAT the memo from the Director of Leisure Services, Revenues for the Concession and Pro -shop, be received for information. 4. Report LS06-037, Pro -Shop Request for Proposal for the new Recreation Complex THAT Council direct staff to revise the Terms of Reference for the Pro - Shop Services Contract at the new Recreation Complex by reducing the requested rental fees to $2,400 for the first year, increasing at a rate of 10% per year for duration of the 5 year contract; and THAT the request for proposal for these services be re-released. 5. Report LS06-039, Youth Action Committee Recruitment 2006/2007 THAT the Leisure Services Advisory Committee appoint the following youth members to sit on the Youth Action Committee for the 2006/2007 school year: • David Byun, St. Andrew's College • Lindsay Dukelow, Dr. G.W. Williams S.S. • Charles Ho, St. Andrew's College • Ashley Hayhow, Dr. G.W. Williams S.S. • Hidetaka Ishii, St. Andrew's College • Bryan Lin, St. Andrew's College • Trevor Smith, Northern Lights Public School • Michael Taylor, Unionville H.S. • Jaclyn Tersigni, Cardinal Carter C.H.S. 6. E-mail received from Councillor Vrancic, Chair, Requesting that comments from a resident regarding renovations to the fitness centre, be placed on the agenda for the Committee's consideration THAT the comments from a resident regarding renovations to the fitness centre, be received for information. Page 5 of 8 General Committee Meeting No. 06-16 Tuesday, October 3, 2006 3. ADM06-015 - AMO OMERS Support Fund pg. 12 RECOMMENDED: THAT the Town of Aurora financially support the AMO OMERS Support Fund. 4. PW06-052— Northeast Quadrant Traffic Calming Plan — Poll Results pg. 29 RECOMMENDED: THAT Council approve the design for the Northeast Quadrant Traffic Calming Plan, as presented in Report PW06-041; and THAT staff be directed to submit the necessary "Road Alteration By -Law" to the October 17, 2006 Council meeting for approval; and THAT, assuming the "Road Alteration By-law" is adopted by Council on October 17, 2006, staff be directed to publish the "Notice of Study Completion" for the Class Environment Assessment for the Northeast Quadrant Traffic Calming Study. 5. PLO6-106 — Application to Amend the Zoning By -law -Removal pg. 37 of Holding (H) Provision Schickedanz Bros. Ltd. (Elderberry Hill) 13990 and 14028 Yonge Street, Aurora File D14-04-05 (Ref: D12-013A) RECOMMENDED: THAT Council enact By-law 4842.06.D to remove the Holding (H) prefix from the lands legally described as Part of Lot 72, Concession 1, W.Y.S (13990 and 14028 Yonge Street) at the Council Meeting of October 10, 2006. 6. PL06-121 — Issues Related to New Over Sized Housing pg. 45 Developments in Existing Neighbourhoods (Update Report) RECOMMENDED: THAT Report PL06-121, being an update report regarding the construction of over sized infill housing in existing neighbourhoods be received as information; and General Committee Meeting No. 06-16 Tuesday, October 3, 2006 Page 6 of 8 THAT Staff be directed to continue working through the process related to new oversized housing developments as outlined in report PL06-121. 7. PL06-122 — Zoning By-law Amendment Application pg. 49 David LeGallais 154 Wellington Street East Part Lot 107, Plan 246 File D14-05-05 RECOMMENDED: THAT Council enact implementing Zoning By-law Amendment 4862-06.D. 8. FS06-034— Annual Cancellation, Reduction or Refund of property pg. 58 taxes under Section 357 of the Municipal Act RECOMMENDED: THAT the Property Taxes in the amount of $34,784.07 be adjusted in accordance with Section 357 of the Municipal Act; the Town of Aurora's portion being $10,703.66; and THAT the associated penalty/interest be cancelled in proportion to the tax adjustment; and THAT the Director of Finance/Treasurer be directed to adjust the Collector's Roll. 9. LSO6-043 — Naming of Park pg. 63 RECOMMENDED: THAT Council approve the name Stewart Burnett Park for the future Community Park proposed for the lands north and west of the Aurora Recreation Complex (ARC); and THAT appropriate signage be erected on site indicating that the lands have been named and identified as noted for future community park use. General Committee Meeting No. 06-16 Tuesday, October 3, 2006 Page 7 of 8 10. AAC06-07 - Accessibility Advisory Committee Meeting Minutes pg. 72 RECOMMENDED: 1. THAT the Committee Record of the Accessibility Advisory Committee Meeting 06-07 held on September 28, 2006 be received as information and the following recommendations of the Accessibility Advisory Committee be endorsed: 2. Accessibility Advisory Committee Minutes Number 06-06 August 21, 2006 THAT Accessibility Advisory Committee Minutes Number 06-06, as corrected, be approved. 3. PL06-116 - Applications to Amend the Official Plan and Zoning By-law 2213-78, as amended Loblaw Properties Ltd. - 15900 Bayview Avenue Files D09-04-06 and D14-12-06 THAT Loblaw Properties Ltd., be requested to install four (4) additional handicapped parking spaces in front of the medical office entrance; and THAT accessibility doors be installed at the entrance of the medical offices. 4. Discussion regarding a presentation to the Aurora Chamber of Commerce THAT staff secure a sponsorship table at the November 15, 2006 Aurora Chamber of Commerce luncheon for the purpose of informing the members of the Chamber of Commerce of accessibility matters; and THAT Committee Members and Staff be authorized to attend. 5. Handicapped Parking at the Aurora Family Leisure Complex THAT staff be authorized to proceed with the installation of handicapped parking spaces on the south side of the Aurora Family Leisure Complex between the two entrances, at an upset cost of $45,000 to be funded from the Accessibility Advisory Reserve Fund. 6. Ontario BIA Association Ontario Mainstreet Accessibility Awards 2006 THAT staff investigate potential funding opportunities with the Ministry of Social Services to assist with the development of an Aurora Accessibility Award Program. General Committee Meeting No. 06-16 Page 8 of 8 Tuesday, October 3, 2006 7. Sue Mitchell of the Toronto Association of Business Improvement Areas Re: Accessibility Awards Nomination Deadline Extension THAT the correspondence from the Toronto Association of Business Improvement Areas regarding the Accessibility Awards Nomination Deadline Extension be received for information purposes. 11. PL06-120 - Applications to Amend the Zoning By -Law and pg. 78 Draft Plan of Subdivision Brookvalley Developments (Aurora) Ltd. 14425 Bayview Avenue, Aurora Part of Lot 15, Concession 2, E.Y.S Files D14-06-05 & D12-05-02A RECOMMENDED: THAT the proposed plan of subdivision D12-05-02A Templeton Planning Limited dated March 7, 2005 and revised September 15, 2006 be draft approved by the Town of Aurora, subject to the Schedule of Conditions of Draft Approval attached as Appendix "A" being fulfilled prior to final approval; and THAT 75 units of sewage and water capacity be allocated to the Brookvalley Developments (Aurora) Ltd. lands; and THAT the Mayor and the Clerk be authorized to execute the `No Pre -sales Agreement' with Brookvalley Developments (Aurora) Ltd. GENERAL COMMITTEE - OCTOBER 3, 2006 . Delegation (a) Panizza, Bob From: kevin lalonde Sent: Tuesday, September 26, 2006 12:09 PM To: Panizza, Bob Cc: Subject: RE: Bathurst & McClellan Way proposed Mountain Biking Course Construction Bob, Yes, please do make the arrangements for next Tuesday. Thx Kevin Lalonde D-1 GENERAL COMMITTEE - OCTOBER 3, 2006 Aurora McClellan, Cashel, Allenvale & Charing Residents Response to Proposed Mountain Bike Course Date: Saturday, September 23, 2006 Attn: Jim Tree, Manager of Parks cc. Mayor Tim Jones & Town Councilors Bathurst where Jim Tree, Manager of Parks, for the Town of Aurora is proposing the construction of a mountain bike course. Although we do not oppose the need for mountain bike courses within the Town of Aurora, we most certainly oppose the construction of a mountain bike course within the proposed area of McClellan Way and Bathurst for the following reasons: The area residents of the proposed mountain bike property were not given notice to the council meeting proposing the construction of this course. 2. We would like to see a feasibility study done that takes into consideration the safety, and risks of this corner. It is our belief that this corner has above average traffic accidents, thus makes the risks of harm higher then the risk of pleasure from the mountain bike experience. D-2 GENERAL COMMITTEE - OCTOBER 3, 2006 3. As per the notice dropped off at our homes "The area would not be supervised by municipal staff." Who will be responsible for the safety of increased bike traffic at a very busy intersection... the feeder street for hundreds of homes, and more than 1500 children attending two schools within a block down the street. 4. Surely the property behind the school could be a better alternative. I understand children already enjoy the bush for mountain biking, it is safer, and more central to the community, Below are a few of the residents who object to this location, if you would like more names they can be provided. Signing below means I agree with the above concerns, and ask that the location not be use for mountain biking or any activity which will increase bike traffic at this extremely busy intersection: D - 3 GENERAL COMMITTEE - OCTOBER 3, 2006 �� T('r-v Jai 0✓ \&US �, T zoe S ALc.� l U Sim Modar��s; l5 ,9lle� vale Or Vyn^� a� tx � GENERAL COMMITTEE — OCTOBER 3, 2006 3. Asper the notice dropped off at our homes "The area would not be supervised by municipal staff." Who will be responsible for the safety of increased bike traffic at a very busy intersection ... the feeder street for hundreds of homes, and more than 1500 children attending two schools within a block down the street. 4. Surely the property behind the school could be abetter alternative. I understand children already enjoy the bush for mountain biking, it is safer, and more central to the community. 5. Below area few of the residents who object to this location, if you would like more names they can be provided. Signing below means I agree with the above concerns, and ask that the location not be use for mountain biking or any activity which will increase bike traffic at this extremely busy intersection: Name Address Phone # D-5 GENERAL COMMITTEE - OCTOBER 3, 2006 Delegation (b) Panizza, Bob From: Linda Housser Sent: Wednesday, September 27, 2006 8:35 PM To: Panizza, Bob Cc: John Housser Subject: DELEGATION STATUS Dear Bob Please accept my delegation request for the Council meeting Tuesday, Oct. 3, 2006 at 7 pm, regarding the "NE Quadrant Traafic Calming Study - Residents Poll/Budget" etc. Sincerely, JOHN HOUSSER D- 6 GENERAL COMMITTEE - OCTOBER 3, 2006 Delegation (c) Panizza, Bob From: Helen Roberte Sent: Thursday, September 28, 2006 11:35 PM To: Panizza, Bob Subject: delegation status To: Bob Panizza I would like to request delegation status for the Aurora Historical Society at the General Committee meeting of Council on Tuesday October 3rd. I would also like to request use of the laptop computer for a presentation. Mr. Ron McKnight will make the presentation for AHS. Thank you Helen Roberts President, Aurora Historical Society D- 7 GENE CENTRAL YORK FIRE SERVICES JOINT COUNCIL COMMITTEE MEETING WEDNESDAY� SEPTEMBER 20, 2006 AT 2:00 P.M. TOWN OF AURORA, COUNCIL CHAMBERS MINUTES A meeting of the Joint Council Committee was held on Wednesday, September 20, 2006 at 2:00 p.m. in the Council Chambers at the Town of Aurora Municipal Offices. Members Present: Newmarket: Aurora: Regrets: Aurora: Staff: Newmarket: Councillor Emanuel Councillor Ramsarran Councillor Springstein Councillor Morris Councillor Wallace Councillor West J. Molyneaux, Fire Chief K. Bone, Deputy Fire Chief A. Moore, Town Clerk The meeting was called to order at 2:00 p.m. Councillor Ramsarran in the Chair. OPEN FORUM There were no members of the public present wishing to speak during open forum. ADDITIONS TO AGENDA Fire Chief Molyneaux requested the addition of two items: 1. Letter dated September 12 2006 from the Office of the Fire Marshal with respect to Training Officer Certificates; and 2. Revised Report 2006-09 — Fire Services Agreement — Township of King Moved by Councillor Emanuel Seconded by Councillor Wallace THAT the agenda be altered to include the following two items: 1. Letter dated September 12 2006 from the Office of the Fire Marshal with respect to Training Officer Certificates; and 2. Revised Report 2006-09 — Fire Services Agreement — Township of King CARRIED -1- GENERAL COMMITTEE - OCTOBER 3, 2006 DECLARATIONS None CORRESPONDENCE JOINT COUNCIL COMMITTEE - SEPTEMBER 20, 2006 - ITEM 1 9-1-1 ADVISORY BOARD.REQUEST Memorandum from 9-1-1 Ontario Advisory Board dated August 1, 2006 regarding funding assistance. The Fire Chief outlined the Board's request for funding and suggested that the funding assistance provided could be taken from the communications line of the Central York Fire Services budget. Committee members requested that this resolution be forwarded to the respective Councils for support. Moved by Councillor Emanuel Seconded by Councillor Morris That the Joint Council Committee recommends to the Councils of the Towns of Newmarket and Aurora: THAT the memorandum from 9-1-1 Ontario Advisory Board dated August 1, 2006 regarding funding assistance be received and the following recommendations be adopted: THAT the Association of Municipalities of Ontario be requested to investigate methods of long term sustainable funding; 2. AND THAT one hundred dollars be contributed for each municipality (Newmarket and Aurora); 3. AND THAT this resolution be forwarded to the Minister of Finance. CARRIED ITEMS FOR DISCUSSION 2. JOINT COUNCIL COMMITTEE - SEPTEMBER 20, 2006 - ITEM 2 APPROVAL OF MINUTES Joint Council Committee Minutes of May 24, 2006. Moved by Councillor Springstein Seconded by Councillor Emanuel THAT the Joint Council Committee Minutes of May 24, 2006 be approved. CARRIED Central York Fire Services -joint Council Committee Meeting Minutes —September 20, 2006 Page 2 of 5 GENERAL COMMITTEE - OCTOBER 3, 2006 CORRESPONDENCE (CONTINUED) Moved by Councillor Springstein Seconded by Councillor Morris THAT Correspondence Item #2 — Letter dated September 12, 2006 from the Office of the Fire Marshal with respect to.Training Officer Certificates be dealt with at this time. CARRIED 3. JOINT COUNCIL COMMITTEE — SEPTEMBER 20, 2006 — ITEM 3 TRAINING OFFICER CERTIFICATES Letter dated September 12, 2006 from the Office of the Fire Marshal with respect to Training Officer Certificates awarded to Captain Jim Allen and Captain Garry Hobson of the Central York Fire Services Training Division. Moved by Councillor Springstein Seconded by Councillor Emanuel THAT the letter dated September 12, 2006 from the Office of the Fire Marshal with respect to Training Officer Certificates be received and that a letter of congratulations be sent on behalf of the Joint Council Committee acknowledging the accomplishments of the two Training Officers. CARRIED ITEMS FOR DISCUSSION (CONTINUED) 4. JOINT COUNCIL COMMITTEE — SEPTEMBER 20, 2006 — ITEM 4 CENTRAL YORK FIRE SERVICES OCCUPATIONAL HEALTH AND SAFETY COMMITTEE MINUTES Occupational Health and Safety Committee Minutes of July 10, 2006. Moved by Councillor Emanuel Seconded by Councillor Morris THAT the Central York Fire Services Occupational Health and Safety Committee Minutes be received for information purposes. CARRIED 5. JOINT COUNCIL COMMITTEE — SEPTEMBER 20, 2006 - ITEM 5 FIRE SERVICES REPORT 2006-09 — FIRE SERVICES AGREEMENT - KING Fire Services Report 2006-09 dated August 23, 2006 regarding the Fire Services Agreement with the Township of King. York Fire Services -joint Council Committee Meeting — September 20, 2006 Page 3 of GENERAL COMMITTEE - OCTOBER 3, 2006 Moved by Councillor Morris Seconded by Councillor Emanuel That the Joint Council Committee recommends to Council: THAT Fire Services Report 2006-09 dated August 23, 2006, regarding the Fire Service Agreement with the Township of King be received and the following recommendation be adopted: THAT the Mayor and Clerk of the Town of Newmarket be requested to execute the attached Fire Service Agreement with the Township of King. CARRIED 6. JOINT COUNCIL COMMITTEE — SEPTEMBER 20, 2006 — ITEM 6 FIRE SERVICES REPORT 2006-10 CHANGE IN ASSOCIATION EXECUTIVE Fire Services Report 2006-10 dated August 23, 2006 regarding Change in the Association Executive. Moved by Councillor Springstein Seconded by Councillor Morris THAT Fire Services Report 2006-10 dated August 23, 2006 be received for information purposes. CARRIED 7. JOINT COUNCIL COMMITTEE — SEPTEMBER 20, 2006 — ITEM 7 MONTHLY CALL SYNOPSIS Monthly Cali Synopsis and Fire Prevention Statistics for June, July and August 2006. Moved by Councillor Emanuel Seconded by Councillor Wallace THAT the Monthly Call Synopsis and Fire Prevention Statistics for June, July and August 2006 be received for information. CARRIED 8. JOINT COUNCIL COMMITTEE — SEPTEMBER 20, 2006 — ITEM 8 OUTSTANDING LIST List of outstanding matters. York Fire Services -joint Council Committee Meeting ; — September 20, 2006 Page 4 of 5 GENERAL COMMITTEE - OCTOBER 3, 2006 Moved by Councillor Emanuel Seconded by Councillor Springstein THAT the List of Outstanding Matters be received for information. CARRIED NEW BUSINESS The Committee discussed the recent storm event in Newmarket and members expressed their gratitude to Central York Fire Services for their assistance during the event. Moved by Councillor Emanuel Seconded by Councillor Springstein THAT the Joint Council Committee resolve into an in camera session for the purpose of discussing labour relations and personnel matters. CARRIED 1. JOINT COUNCIL COMMITTEE (IN CAMERA) — SEPTEMBER 20, 2006 — ITEM 1 LABOUR RELATIONS AND PERSONNEL MATTERS The Fire Chief provided a verbal update on the status of the arbitration and other personnel matters. Moved by Councillor Emanuel Seconded by Councillor Wallace THAT the Joint Council Committee resume into public session. CARRIED The Fire Chief thanked the members of the Joint Council Committee for their support over the past term and presented them with a CYFS Joint Council Committee jacket as a token of appreciation. There being no further business, the meeting adjourned at 2:42 p.m. Date Councillor Ramsarran, Chair Yorlc Fire Services -joint Council Committee Meeting — September 20, 2006 Page 5 of GENERAL COMMITTEE - OCTOBER 3, 2006 -TOWN OF AURORA GENERAL COMMITTEE REPORT No. LSAC06-07 SUBJECT: September 14, 2006, Leisure Services Advisory Committee Meeting FROM: Chair - Councillor Vrancic Council Members - Councillor Gaertner, Councillor Kean Committee Members - Diane Buchanan, Alan Dean, Stephen Dupuis, John Gallo, Dawn Irwin, AI Wilson DATE: October 3, 2006 RECOMMENDATIONS 1. THAT the Committee Record of the Leisure Services Advisory Committee meeting, held on September 14, 2006, be received for information and Council endorse the following recommendations of the Leisure Services Advisory Committee: 2. Memo from Director of Leisure Services, Warranties for the new Recreation Complex and new Seniors' Centre THAT the warranties for the new Recreation Complex and new Seniors' Centre be received for information. 3. Memo from Director of Leisure Services, Revenues for the Concession and Pro -shop THAT the memo from the Director of Leisure Services, Revenues for the Concession and Pro -shop, be received for information. 4. Report LS06-037, Pro -Shop Request for Proposal for the new Recreation Complex THAT Council direct staff to revise the Terms of Reference for the Pro -Shop Services Contract at the new Recreation Complex by reducing the requested rental fees to $2,400 for the first year, increasing at a rate of 10% per year for duration of the 5 year contract; and THAT the request for proposal for these services be re-released. GENERAL COMMITTEE - OCTOBER 3, 2006 October 3, 2006 -2- Report No. LSAC06-07 5. Report LSO6-039, Youth Action Committee Recruitment 200612007 THAT the Leisure Services Advisory Committee appoint the following youth members to sit on the Youth Action Committee for the 200612007 school year: • David Byun, St. Andrew's College • Lindsay Dukelow, Dr. G.W. Williams S.S. • Charles Ho, St. Andrew's College • Ashley Hayhow, Dr. G.W. Williams S.S. • Hidetaka Ishii, St. Andrew's College • Bryan Lin, St. Andrew's College • Trevor Smith, Northern lights Public School • Michael Taylor, Unionville H.S. • Jaclyn Tersigni, Cardinal Carter C.H.S. CARRIED 6. E-mail received from Councillor Vrancic, Chair, Requesting that comments from a resident regarding renovations to the fitness centre, be placed on the agenda for the Committee's consideration. THAT the comments from a resident regarding renovations to the fitness centre, be received for information. ATTACHMENTS 1. Copy of Committee Record No. LSAC06-07. Prepared by: Carrie Eastwood, Council/Committee Secretary, ext. 4225 Councillor Damir Vrancic, Chair Leisure Services Advisory Committee -7- GENERAL COMMITTEE — OCTOBER 3, 2006 ATTACHMENT -1 1 LEISURE SERVICES ADVISORY COMMITTEE MEETING NO. 06-07 Date: September 14, 2006 Time and Location: 7:00 p.m., Leksand Room, Aurora Town Hall, 1 Municipal Drive Committee Members: Councillor Vrancic, Chair, Councillor Gaertner, Councillor Kean, Diane Buchanan, Alan Dean, Stephen Dupuis, John Gallo, Dawn Irwin and Al Wilson Staff Attendees: Allan Downey, Director of Leisure Services Carrie Eastwood, Council/Committee Secretary Absent: None Other Attendees: Bob McRoberts Councillor Vrancic, Chair, called the meeting to order at 7:00 p.m. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA Moved by Dawn Irwin Seconded by Diane Buchanan THAT the content of the agenda, with the addition of the following items, be approved: • Report LS06-039, Youth Action Committee Recruitment 2006/2007. E-mail received from Councillor Vrancic, Chair, requesting that comments from a resident regarding renovations to the fitness centre, be placed on the agenda for the Committee's consideration. CARRIED i� GENERAL COMMITTEE - OCTOBER 3, 2006 Leisure Services Advisory Committee Record No. 06-07 Page 2 of 4 Thursday, September 14, 2006 APPROVAL OF MINUTES 1. Leisure Services Advisory Committee Meeting Record No. 06-06, dated Thursday, July 13, 2006 Moved by Councillor Kean Seconded by Diane Buchanan THAT Meeting Record No. 06-06 be adopted as printed and circulated. CARRIED DELEGATIONS None MATTERS ARISING FROM PREVIOUS MINUTES 2. Memo from Director of Leisure Services, Warranties for the new Recreation Complex and new Seniors' Centre Moved by Councillor Kean Seconded by Dawn Irwin THAT the warranties for the new Recreation Complex and new Seniors' Centre be received for information. CARRIED 3. Memo from Director of Leisure Services, Revenues for the Concession and Pro -shop Moved by Councillor Kean Seconded by John Gallo THAT the memo from the Director of Leisure Services, Revenues for the Concession and Pro -shop, be received for information. CARRIED me GENERAL COMMITTEE - OCTOBER 3, 2006 Leisure Services Advisory Committee Record No. 06.07 Page 3 of 4 Thursday, September 14, 2006 NEW BUSINESS 4. Report LS06-037, Pro -Shop Request for Proposal for the new Recreation Complex Moved by Councillor Kean Seconded by Stephen Dupuis THAT Council direct staff to revise the Terms of Reference for the Pro -Shop Services Contract at the new Recreation Complex by reducing the requested rental fees to $2,400 for the first year, increasing at a rate of 10% per year for duration of the 5 year contract; and THAT the request for proposal for these services be re-released. CARRIED 5. Report LS06-039, Youth Action Committee Recruitment 2006/2007 (ADDED ITEM) Moved by Al Wilson Seconded by Councillor Kean THAT the Leisure Services Advisory Committee appoint the following youth members to sit on the Youth Action Committee for the 2006/2007 school year: • David Byun, St. Andrew's College • Lindsay Dukelow, Dr. G.W. Williams S.S. • Charles Ho, St. Andrew's College • Ashley Hayhow, Dr. G.W. Williams S.S. • Hidetaka Ishii, St. Andrew's College • Bryan Lin, St. Andrew's College • Trevor Smith, Northern lights Public School • Michael Taylor, Unionville H.S. • Jaclyn Tersigni, Cardinal Carter C.H.S. CARRIED 6. E-mail received from Councillor Vrancic, Chair, Requesting that comments from a resident regarding renovations to the fitness centre, be placed on the agenda for the Committee's consideration. (ADDED ITEM) Moved by Alan Dean Seconded by Stephen Dupuis THAT the comments from a resident regarding renovations to the fitness centre, be received for information. CARRIED —10— GENERAL COMMITTEE — OCTOBER 3, 2006 Leisure Services Advisory Committee Record No. 06-07 Page 4 of 4 Thursday, September 14, 2006 SUB-COMMITTEE/UPDATES 7. Youth Action Sub -Committee No update was provided. 8. Special Events Sub -Committee No update was provided. 9. Leash Free Dog Park No update was provided. INFORMATIONAL ITEMS None OTHER BUSINESS BY MEMBERS John Gallo thanked staff for installing the nets at Highview Park. Councillor Vrancic advised that this meeting of the Leisure Services Advisory Committee is the last one of this term and he thanked the members for giving their time and efforts to the sit on this Committee. ADJOURNMENT Moved by Councillor Kean THAT the meeting be adjourned at 8:20 p.m. CARRIED —11— GENERAL COMMITTEE - OCTOBER 3, 2006 END -END na, .3 .,..�.__.....�� _ ta-TOWN OF AURORA GENERAL COMMITTEE REPORT No. ADM06-015 SUBJECT: AMO OMERS Support Fund FROM: John S. Rogers, Chief Administrative Officer DATE: October 3, 2006 RECOMMENDATIONS THAT the Town of Aurora financially support the AMO OMERS Support Fund. BACKGROUND As Council is aware the Province of Ontario passed Bill 206 regarding significant changes to the Ontario Municipal Employees Retirement System (OMERS) effective June 30, 2006. Attached to this report is a report by AMO dated July 25, 2006 providing details of the new Act and the request for financial support for a special fund to provide the necessary support for the AMO members of the Sponsors Corporation and the Administration Corporation. COMMENTS The new OMERS Act has significant potential implications for all Municipalities who have employees enrolled in the OMERS plan. In order to ensure that the appropriate technical support is provided to the AMO representatives on both the Sponsors Corporation and the Administration Corporation it is important to have good research capabilities. The cost per employee is minimal and is a positive investment for the Town. OPTIONS 1. Financially support the AMO OMERS Support Fund. 2. Not financially support the fund. FINANCIAL IMPLICATIONS Based on the current number of OMERS enrolled employees (185) the cost for 2006 and 2007 is a total of $1,256.15 the estimated budget for 2008 would indicate that the levy for 2008 would be $5.72 per employee or $1,058.20. —12— GENERAL COMMITTEE - OCTOBER 3, 2006 October 3, 2006 - 2 - Report No. ADM06-015 CONCLUSIONS Staff recommend participation in the AMC OMERS Support Fund. LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens. Objective D1: Continue the commitment of fiscal responsibility and accountability. ATTACHMENTS Attachment#1 — AMO Report dated July 25, 2006 PRE -SUBMISSION REVIEW Management Team — September 27, 2006 Prepared by: John S. Rogers, Chief Administrative Officer- Ext. 4744 ,.00'lohn S. Rogers Chief Administrative Officer -13- GENERAL COMMITTEE - OCTOBER 3, 2006 ATTACHMENT #1 393 University Avenue, Suite 1701 Toronto, ON M5G IE6 Canada tel:416-971.9856fax: 416-971-6191 email: amo@amo.on.ca website: www.amo.on.ca Bill 206 and OMERS: Meeting AMO's New Responsibilities; Investing in Municipal Interests July 25, 2006 -14- GENERAL COMMITTEE — OCTOBER 3, 2006 Table of Contents Introduction...........................................................................................................2 ANew, Legislated Role for AMO..........................................................................4 TheOMERS Support Fund...................................................................................6 Allocating Costs of the OMERS Support Fund...................................................6 Questionsand Answers........................................................................................7 1. Why should an OMERS Municipal employer contribute?.............7 2. What will the Fund pay for?............................................................7 3. Is there no other source of funding for this?.................................7 4. How will AMO administer the funds to support the municipal representatives?..............................................................................7 Background: OMERS Act—Summary................................................................8 Background: Sponsors Corporation...................................................................9 Background: Administration Corporation.........................................................11 Appendix A: OMERS Supplemental Plans.......................................................12 Appendix B: CUPE Correspondence to Members...........................................13 Appendix C: AMO OMERS Support Fund Budget (estimated).......................14 1 —15— GENERAL COMMITTEE - OCTOBER 3, 2006 Introduction As one of Canada's largest multi -employer pension plans (with over $40 billion in net investment assets), the Ontario Municipal Employees Retirement System (OMERS) provides pension services to about 364,000 active and retired members (including employees of Ontario municipalities, local boards, public utilities and school boards) and almost 900 employers. Effective as of June 30, 2006, the pension plan is governed under the new Ontario Municipal Employees Retirement System Act, 2006 (the new OMERS Act). Under this legislation there is a new governance model: the new OMERS Sponsors Corporation; and, a continuation of the current OMERS Board as the new OMERS Administration Corporation. In addition, two "Advisory Committees" may be established for advising and making recommendations to the Sponsors Corporation on OMERS benefits: one Committee will be dedicated solely to the emergency services sectors (police/fire/paramedics); and, the other Committee will be for all other plan members. As employers, municipal governments in Ontario have an important and common interest in effective representation in the new OMERS governance model. These interests include protecting the long-term viability of the OMERS Pension Plan as well as ensuring that costs to the plan sponsors (employer groups and plan member groups) are controlled to the greatest extent possible. Pension benefits are a large part of human resources costs for OMERS municipal employers. With the exception of the short-lived "contribution holiday", OMERS contribution rates have increased and continue to require more revenue, helping to push property taxes upward - with no improvement in services to our communities. Furthermore, the new OMERS Act legislates a decision -making process whereby if the Sponsors Corporation cannot reach a decision on changes to benefits, contribution rates, or the contribution rate reserve level, then a binding arbitration process kicks in. Given the historic interests of labour, it is reasonable to assume that the Sponsors Corporation will be confronted over time with a variety of proposed benefit changes that may lead to arbitrated decisions. In collective bargaining negotiations, employee groups benefit from mandatory union association member contributions and essentially unlimited financial resources to promote and protect the interests of employees. As a result, employee interests are well coordinated on a province -wide basis and are represented by highly trained negotiators; backed up by teams of professional advisors with substantial pension expertise that often includes costly and valuable legal and actuarial advice. At the same time, municipal governments, as employers, are not nearly as well prepared and lack coordinated resources on a province -wide basis to protect collective municipal interests in this new environment of "pension bargaining". A well co-ordinated, well advised employer response with the competencies necessary to deal with these new OMERS governance demands must be developed quickly in order to deal with these issues. -16- GENERAL COMMITTEE - OCTOBER 3, 2006 Having subject matter experts as appointees and having access to external professionals will serve to inform the comprehensive negotiations that will transpire at the Sponsors level, both in the short term and in the long term. The new OMERS Act requires the establishment of an initial supplemental pension plan for emergency services sector employees (i.e., police, fire, paramedics) within 24 months (see attached Appendix "A"). This is a separately -funded, stand- alone registered pension plan that offers benefits not available in the current primary plan. --- ---- ---------------------------------- ...employee interests are coordinated on a province - wide basis and represented by highly trained negotiators; backed up by teams of professional advisors ... Under Bill 206, these supplemental benefits must be made available to police, fire- fighters, and paramedics. Supplemental plans for emergency services workers have the potential to cost municipal governments hundreds of millions dollars in the years to come. The Sponsors Corporation has the authority to create supplemental plans for other OMERS plan members. It is only a matter of time before OMERS employees in other areas of employment, outside the emergency services sector, will seek the some access to enhanced retirement benefits as their colleagues in emergency services. For example, on February 27, 2006, CUPE Ontario recommended to its members that OMERS supplemental plans be put on the bargaining table in every municipality, school board, and children's aid society- backed up by a right to strike (see attached Appendix "B"). Should this occur, the Sponsors Corporation would be under significant pressure to design supplemental plans for these other employees. This paper sets out a plan to ensure that municipal employers' interests are given the best opportunity to be protected under the new OMERS governance scheme imposed by the Government of Ontario through Bill 206. -17- GENERAL COMMITTEE - OCTOBER 3, 2006 A New, Legislated Role for AMO AMO now has a legislated responsibility to appoint employer representatives to the OMERS Sponsors Corporation - and, along with this, the practical responsibility to ensure that employer representatives on the Sponsors Corporation have the time and resources they need to protect the interests of municipalities as employers. In addition, AMO is legislated to appoint representatives to the OMERS Administration Corporation, which has the responsibility for investment decisions and conducting plan valuations for the $40 billion OMERS fund, and for administering the OMERS benefit program. These are significant new responsibilities. OMERS employers include 382 municipal governments, 88 school boards and 418 "other local boards", including children's aid societies and other non -municipal organizations as well as police services boards, boards of health, library boards, and other municipal organizations. Bill 206 came into effect on June 30fh, 2006 and with it, the need to fill AMO's positions. Based on nominations approved by the AMO Executive and ratified by the AMO Board, the government appointed/reappointed the following individuals to the new OMERS corporations: OMERS Sponsors Corporation: Bruce Stewart, LLB Marianne Love, LLB OMERS Administration Corporation: Ann Mulvale, Mayor, Town of Oakville Michael Power, Mayor, Town of Greenstone * For a complete list of Corporate Directors, please see "Background" The AMO Board of Directors also recognized that municipal WEIRS employers have a responsibility to provide the necessary resources to ensure that AMO's appointees and other employer representatives have access to professional support and advice. These resources are beyond AMO's membership fee structure capacity. AMO's board of Directors has directed that additional financial resources be secured outside of AMO's membership and that these new resources be solely dedicated to the OMERS municipal employers' interests.' It is critically important that the municipal employers' interests are fully and effectively represented and that there is on -going funding formula and a concomitant accountability framework. 1 As not all AMO members are OMERS employers and not all OMERS employers are AMO members, the AMO Board of Directors directed that additional financial resources be secured outside of AMO's membership fees. OVE GENERAL COMMITTEE - OCTOBER 3, 2006 The OMERS Support Fund The AMO Board of Directors directed that municipalities that are OMERS employers should be asked to make an annual contribution to a special OMERS fund - the OMERS Support Fund - based on the numbers of OMERS enrolled employees in the municipality. The Fund will be administered by AMO as a separate business activity to facilitate expenditure control and stewardship reporting, and all funds will be used exclusively for OMERS related activities. The Fund will provide the resources required to allow AMO to operate as a formal representative to protect the interests of municipalities as employers. Examples of items that are anticipated to support AMO's role include: • recruitment costs (as membership terms expire); • remuneration/expenses/indemnification of AMO appointees (to the extent that this is not covered within the new OMERS governance structure); • research and analysis costs (including legal, actuarial and governance advice); • support for supplementary decision -making mechanisms (i.e., mediation/arbitration costs regarding proposed plan changes)2; and, • administration costs ( such as transition, training and communications between AMO's municipal employers). The attached Appendix "B" outlines an estimated Budget for 2006, 2007 and 2008. AMO, through discussion with pension experts, has tried to reasonably estimate the costs of these activities to support AMO's representatives. In order to create a model to allocate costs among municipalities according to the number of OMERS enrolled employees, two categories of municipal employee were considered: 1. Employed directly by the municipality, municipal transit authority or police services board 2. Employed by "other boards" such as public health boards and conservation authorities The first category is easy to identify. In the case of the second category, "other boards", it is more complicated. Some local boards are shared by a number of municipalities (e.g., conservation authorities), and some are not identifiable by municipality, however, most of these have few employees. Consequently, this paper proposes that costs be allocated according to the first cateaory - those directly employed by a municipality, transit authority or police services board (approximately 98,500 municipal employees). AMO will also seek to recover a share of costs for certain expenses (e.g., research and analysis), from other designated employer groups. 2 This is where parties to the Sponsors Corporation are required to present positions, and is a separate and distinct process from labour negotiations at the local level that may include an arbitration component. -19- GENERAL COMMITTEE - OCTOBER 3, 2006 Allocating Costs of the OMERS Support Fund The estimated costs and allocation of costs for 2006, 2007 and 2008 are as follows: Budget Year Estimated Total Annual Estimated Allocation of Cost of OMERS Support Costs per OMERS ' Municipal/Police Services Employee 2006 (partial year) $170,000 $1.73 2007 $498,000 $5.06 2008 $563,000 $5.72 Note: The above estimates may be reduced if certain costs are recovered from other designated employer groups, and is dependent upon number of meetings and nature of the Sponsors Corporation workplan. It is proposed that, in the Fall of 2006, municipalities with OMERS employees will receive an invoice requesting payment of 2006 and 2007 allocated costs. . The AMO Board of Directors recognizes that, for some, these may be considerable sums of money. While providing this level of investment in employer interests is not within AMO's current financial capacity, this is a very important matter for municipalities who have employees enrolled in the OMERS plan. Not investing to protect the employers' interests puts those interests at greater risk. It is AMO's expectation and hope that each OMERS municipal employer will see the need to contribute, and do so on an ongoing basis. AMO will report regularly to the OMERS municipal employers on the proceeds of this special fund (e.g., budget and expenditures) and the ongoing work of the AMO employer representatives. 1,79 -20- GENERAL COMMITTEE - OCTOBER 3, 2006 Questions and Answers 1. Why should an OMERS Municipal employer contribute? While voluntary, each municipal government that is an OMERS employer has an interest in the quality and effectiveness of the pension plan and the nature of benefits and contribution rates, among other matters. If municipalities do not invest in their representative role, those interests are at greater risk. 2. What will the Fund pay for? The OMERS Support Fund will allow AMO to support the employer representatives on the Sponsors Corporation and Administration Corporation, and provide the professional services they may need, including: legal advice; actuarial advice; research; and, other specialized expert advice and professional fees as required. In future years, it will also assist with AMO's costs to acquire professional recruitment services as new appointments are required. As well, there may be appointments to two committees advising on benefits (one for police/paramedic/fire employee members, one for 'other' members) resulting from Bill 206. The OMERS Support Fund will provide support to AMO employer representatives exclusively so that they will be better equipped to protect the specific interests of municipal employers. Some of these costs could be shared with other employer groups, which AMC is pursuing. 3. Is there no other source of funding for this? No, there is no other source of funding to support AMO's new representative role. The Ontario Government does not accept the argument that municipal employer representatives will need additional resources to protect the interests of municipal government at the Sponsors Corporation during interest negotiations . AMC does not have sufficient in-house resources to fund these efforts from its current budget. Furthermore, there are a number of AMO members who are not OMERS employers. Thus, increasing AMO membership fees to finance these efforts would not be equitable nor appropriate. That's why the AMO Board of Directors is asking municipalities who are OMERS employers to contribute to a special fund to support employer representation at OMERS. 4. How will AMO administer the funds to support the municipal representatives? AMO will be setting up an OMERS municipal employer Steering Committee that will oversee the use of this funding. In addition to the Steering Committee's regular communications to contributors, there will be an annual Fund statement, accounting for the expenditures and revenue related to the proposed OMERS Support Fund. -21- GENERAL COMMITTEE - OCTOBER 3, 2006 Background: OMERS Act - Summary On June 1, 2005 the Government of Ontario introduced Bill 206, An Act to revise the Ontario Municipal Employees Retirement System Act, or the Ontario Municipal Employees Retirement System Act, 2005 (i.e., OMERS Act). After consideration of the Bill, including referral to the Standing Committee on General Government, at both First and Second Reading, it received Royal Assent on February 23, 2006 and came into force upon proclamation, June 30, 2006. Key Features of the new OMERS Act: • Continues the current OMERS pension plan as a defined benefit plan, equally funded by employers and employee plan members • Introduces a new governance model: o Creates anew OMERS Sponsors Corporation, which has the authority to determine plan design, set contribution rates and establish a fee to cover its expenses (i.e., levy) o Creates a new OMERS Administration Corporation, which will continue to act as administrator of the OMERS pension plans and funds, with authority to invest the assets of the plans Requires the establishment of an initial supplemental pension plan for emergency services sector employees (i.e., police, fire, paramedics) within 24 months (see attached Appendix "A"). The authority for any additional supplemental pension plans in the future rests as a discretion of the Sponsors Corporation. Supplemental Plans are separately -funded, stand-alone registered pension plans that offer benefits not available in the current primary plan. • The Sponsors Corporation may be supported by two advisory committees to be appointed by the Sponsors Corporation: an 8-member committee for police/fire/paramedics and a 12-member committee for 'other" members and employers. -22- GENERAL COMMITTEE — OCTOBER 3, 2006 Background: Sponsors Corporation The Ontario Government appointed the initial members of the Sponsors Corporation for one year, until the Sponsors Corporation passes a by-law determining how their members are to be appointed in the future. The Province sought nominees from the legislated representative groups. The Sponsors Corporation Board of Directors consists of 14 voting members with a total distribution of 18 votes, as follows: Employer Representatives Plan Member Representatives"- Association of Municipalities of Ontario Canadian Union of Public Employees (Ont) 2 seats/ 4 votes 1 seat/ 2 votes Marianne Love Brian O'Keefe Bruce Stewart City of Toronto CUPE Local 79 and 416 1 seat/l vote I seat/2 votes - rotating Louise Eason Ann Dembinski Local 79 School Boards - Catholic / Public Ontario Professional Fire Fighters Assoc. I seat - rotating 1 seat Brian Cain Public Fred Leblanc Ontario Assoc. of Police Service Boards Police Association of Ontario 1 seat 1 seat Garth Pierce Bruce Miller Other Employers Ontario Secondary School Teachers' Fed'n 2 seats - rotating 1 seat Charlie Macaluso (EDA) TBD Joe Aitchison OACAS Other Members - unions/associations 1 seat -rotating Marnie Niemi OPSEU Retired members organizations 1 seat -rotating Glen Mills (Municipal Retirees Org of Ontario The roles and resoonsibilities of the Sponsors Corporation are as follows: • Required to meet triennially (or as convened by Chair) • Approve plan design and benefit changes • Set contribution rates • Decide whether to file an actuarial valuation more often than every three years (companion legislation requires that a valuation be filed at least triennially) • May pass by-laws, including: o Composition of Sponsors Corporation, term of office, method of choosing its members and weighted voting provisions o Composition of Administration Corporation, term of office, and method of choosing its members o Remuneration and expenses of Sponsors Corporation board members o Remuneration and expenses of Administration Corporation board members —23— GENERAL COMMITTEE — OCTOBER 3, 2006 o Use of additional decision -making mechanisms such as mediation and arbitration o Fees that maybe charged to members and employers to cover Sponsors Corporation expenses (e.g., those not payable out of the pension fund) • To make a benefit improvement, the Sponsors Corporation is required to approve the change by a two-thirds majority vote. If the vote is less than two-thirds but is at least 50% plus one (in other words, supported by a simple majority), the proposed change can then go to mediation and/or arbitration • With its consent, can enter into agreements for the Administration Corporation to administer third -party pension plans or funds with the costs to be paid by the third - party plan or fund • Appoints an external Auditor to audit the accounts and transactions of the Sponsors Corporation • Prepares an annual report containing the certified audited financial statements of the Sponsors Corporation 10 —24— GENERAL COMMITTEE - OCTOBER 3, 2006 Background: Administration Corporation The Ontario Government proposed to appoint the existing members of the OMERS board to the Administration Corporation for the remainder of their current terms (up to three years), in order to provide for continuity during the transition, and sought nominees from the other legislated representative groups. The Administration Corporation consists of 14 voting members appointed initially by the Provincial Government and then eventually nominated by sponsor organizations. The ultimate composition of this group will be determined by a Sponsors Corporation by-law, which must be passed with a 2/3rds majority. mployer Representatives Plan M4 ter Representatives Frederick Biro David Kingston Ontario Association of Police Services Police Association of Ontario Boards Cam Weldon City of Toronto John Sabo Ontario Catholic School Board Association Michael Power (TBC) AMO Ann Mulvale AMO Other Employer Municipal Property Assessment Corporation (TBD) Other Employer Toronto Hydro (TBD) INote: status as of June 30, 2006 - David Carrington CUPE Ontario John Weatherup CUPE Ontario Rick Miller Ontario Professional Fire Fighters Association Ed De Sousa Association of Municipal Managers, Clerks and Treasurers of Ontario International Brotherhood of Electrical Workers (TBD) Richard Faber Retired Member rrociamanon� The roles and responsibilities of the Administration Corporation are as follows: • Administrator of OMERS Pension plans • Trustee of Pension investment funds • Agent of administrator of other plans and manager of other pension funds Powers/Duties as provided by the OMERS Act: • Administrative support to the Sponsors Corporation (as negotiated) • Provide information reasonably requested by Sponsors Corporation • Prepare consolidated Plan text (e.g., the "rules" of the Plan) • Determine Sponsors Corp expenses payable out of the Plan and collect fees • Appoint Plan actuary; obtain valuation reports; determine assumptions • Appoint auditor and prepare annual report -25- GENERAL COMMITTEE - OCTOBER 3, 2006 Appendix A: OMERS Supplemental Plans Under the new OMERS Act Supplemental Plans must be established for those in "public safety" occupations - police officers, fire fighters and paramedics. Supplemental Plans are separate, stand-alone pension plans that would offer benefits not available in the OMERS basic pension plan, such as early retirement and a three-year best salary average, as follows: Supplemental Plan Benefits for Police, Firefighters, and Paramedics Supplemental Benefit What it provides Current benefit under primary plan 2.33% pension formula Lifetime pension plus bridge Lifetime pension plus bridge benefit to age 65 = up to benefit to age 65 = 2.00% x 2.33%x service x earnings service x earnings (integrated with CPP) 85 Factor (available to Retire with unreduced 90 Factor for normal normal retirement age 65 pension if: age + service = retirement age 65 members members) 85 or more 80 Factor (available to Retire with unreduced 85 Factor for normal normal retirement age 60 pension if: age + service = retirement age 60 members members) 80 or more 3-year average annual Pension calculated on Pension calculated on earnings average of 3 years of annual average of highest earnings consecutive 60 months of earnings 4-year average annual Pension calculated on Pension calculated on earnings average of 4 years of annual average of highest earnings consecutive 60 months of earnings Notes: • To be eligible for early retirement factors, members must be within 10 years of normal retirement age • All supplemental benefits apply to service accruals after the supplemental is implemented (i.e., all prior service remains under current rules) unless the past service associated with the particular benefit is paid for by the employer and/or member • The member has the option to pay for supplemental coverage on all or part of past service. Although not required, employers may pay past service costs for supplemental plans with the exception of the higher annual accrual rate). 12 -26- GENERAL COMMITTEE - OCTOBER 3, 2006 Appendix B: CUPE Correspondence to Members CUPE"' Ontario Division Canadian Union of Public EmploN=es e F 305 k§liner ke.. Suite W1.3c tWOugh, CAN �41tS W4 10 Tor41629 a739 r iex.a1629i334,9q r F* Iuf ruReameA.mta na February 27, 2006 Mr, Roger Anderson President Association of Municipalities of Ontario 39,i University Avenue, Suite 1701 Toronto, ON MSG 1E6 Dear Roger. As you know, with the passage of Blli 200, CUPE locals now have the right w bargain suppiementats to their OMER$ pension plan. € am writing to put you on notice, that CUPE Ontario is recommending our locals put suppiementals on the bargaining table In every municipality, school board and children's aid society -backed -up by our right to strike. Provided with the same SuPPIOInentai rights under Bill 206 as police and fire, we are also recommending that paramedics put suppiementals on every bargaining table, The suppiementals we are preparing to bring forward include, but are not limited to the following: rule of 85 with unreduced pensfon; best 3 years; indexing; and a reduced CPP offset, CUPE Ontario fought hard and won the removal of the accrual rate cap from both Bill 206 and the Municipal Act; opening the door for our locals to bargain a reduction to their CPP offset. CUPE Ontario will also place on the agenda at OMER$ an increase In the aaxuai rate for our members, and NRA 60 recognition for paramedics. Within CUPE, we are currently going into our annual bargaining conferences, where the strategy for suppiementals will be hammered out. We are eager to move forward, and I'm looking forward to keeping the lines of communication open. To that end, it would be extremely helpful to know the OMERS contact Person at AMO. I took forward to working with you over the coming months,: on the pension Issues i have raised herein. Yours truly, �CA- Patrick (Sid) Ryan tt President Ca: Ail$ottoof Boards in Ontario, Ail CA.S in Ontario, All Mayors in Ontario, All Councfli0r53n Ontario, Ail MPPs in Ontario, John Tory, Howard Hampton, Roger Nee€oy, 6rian O'Keefe, Paul Moist, Gaude Canareux. CUPE Ontario Executive Board, P8. {.4AHI 5d3 5t$MIeN'?At�d9esa's rick (Sid) Ryan "ONE STROU43 VOICE" III O'Keefe 13 -27- GENERAL COMMITTEE - OCTOBER 3, 2006 Appendix C: AMO OMERS Support Fund Budget (estimated) Categories Classification Budget Year 2006 2067 2008 Expenses Recruitment 50,000 25,000 25,000 M Representation & Indemnification 75,000 200,000 270,000 Research & 30,000 255,000 250,000 Supports AMO OMERS 2,000 8,000 8,000 Steering Committee (4 meetings/year) Communications 7,000 10,000 10,000 Training Costs/ 6,000 0 0 Orientation4 Total 170,000 498,000 563000 Expenses # Municipal Employees including Police Services Board = estimated 98,500 members Revenue Expense per 1.73 5.06 5.72 Municipal/Police (�) Services Employee Total 170,000 498,000 563000 Revenue' ' Cost recovery for "research & support' may be obtained from other employer groups and/or the Sponsors Corporation (this is not yet determined). 4 There may be training costs in 2007/08 subject to appointments to the Sponsors Corporation and Administration Corporation beyond the transitional one year timeframe. 14 ak-z GENERAL COMMITTEE — OCTOBER 3, 2006 ia° 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. PW06-052 SUBJECT: Northeast Quadrant Traffic Calming Plan — Poll Results FROM: W. H. Jackson, Director of Public Works DATE: October 3, 2006 RECOMMENDATIONS THAT Council approve the design for the Northeast Quadrant Traffic Calming Plan, as presented in Report PW06-041; THAT staff be directed to submit the necessary "Road Alteration By -Law" to the October 17, 2006 Council meeting for approval, and THAT, assuming the "Road Alteration By-law" is adopted by Council on October 17, 2006, staff be directed to publish the "Notice of Study Completion" for the Class Environment Assessment for the Northeast Quadrant Traffic Calming Study. BACKGROUND On August 22, 2006, Council considered Report PW06-041 (Northeast Quadrant Traffic Calming Project — Proposed Traffic Calming Plan) and resolved: `THAT Report No. TSAB06-041 "Northeast Quadrant Traffic Calming Project — Proposed Traftrc Calming Plan"be received, and THAT Council: • approve in principle the Traffic Calming Plan for the Northeast Quadrant, and • authorize the consultant to conduct a poll of households within the Northeast Quadrant to ascertain their views on the traffic calming design as contained in Report No. PW06-041; and THAT subject to a successful poll as described within Report No. PW06-041, staff be authorized to post the necessary advertising for the road alteration by-law, and THAT subject to the passing of the road alteration by-law the consultant be authorized to issue the "Notice of Study Completion'; and THAT should there be no appeal to the Ministry of the Environment during the 30- day review period after the publication of the "Notice of Study Completion" that the —29— GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 - 2 - Report No. PW06-052 implementation of the Traffic Calming Plan be referred to the 2007 Capital Budget process for Council's consideration, including funding for an evaluation report on the impact of traffic on the surrounding neighbourhoods. THAT Public Works and Central York Fire Services be consulted regarding possible concerns they may have on the proposed recommendations. COMMENTS The following are the results of the above noted Poll. 1.0 Neighbourhood Poll Under the Town's Traffic Calming Policy, a successful Poll must achieve a 60% response rate from residents/businesses within the Study Area, and of those responses there must be a 60% approval rate. On September 5, 2006 the attached letter (see Appendix "A") was delivered to all residences and businesses within the limits of the Study Area for the Northeast (NE) Quadrant Traffic Calming Study. The Poll closed on September 18, 2006. A 67% response rate was achieved during the Poll, and of the responses just under 72% voted in favour of the Plan. The Poll requirements of the Traffic Calming Policy have therefore been met and the process can now move on to the next steps. 1.1 Comments received with Poll Submissions A number of different comments, both positive and negative, were received from residents when they submitted their responses to the Poll. The only repeated comment received, however, was from a number of residents on Birch Court and Cedar Crescent who are concerned with the proposed removal of the all -way stop signs at the intersection of Walton Drive/Birch Court/Cedar Crescent. Eight responses were received from the 12 residences on Birch Court, and all noted that they would only vote "yes" if the all -way stop signs were to remain. Inasmuch as the Poll was requesting responses to the Plan as a whole, these responses were counted as being "No" votes. Thirteen responses were received in total from the 18 residences on Cedar Crescent, with 8 voting "No", and 4 of those 8 stating that they would have voted "Yes" if the all -way stop signs were to remain. Fifteen responses were received in total from the 29 residences on Walton Drive, with 4 voting "No", and 2 of those 4 requesting that the multi -way stop signs remain. —30— GENERAL COMMITTEE - OCTOBER 3, 2006 October 3, 2006 .3- Report No. PW06-052 1.2 Staff Response to Resident's Concerns Although the Town's consultant had stated in an e-mail to a resident during the course of the Poll that he could support the retention of the multi -way stop sign control at the intersection of Walton Drive/Birch Court/Cedar Crescent if it meantthe Poll was approved by residents of Cedar Crescent and Birch Court, staff do not agree with this position for the following reasons: • The multi -way stop signs are not warranted at this intersection based on the Town's multi -way stop sign warrants. Staff are undertaking a program to review all multi -way stop sign locations in the Town, with the goal of bringing a report to the new TSAB in 2007 (or to Council should the next Council not reinstitute the TSAB) to recommend the removal of unwarranted multi -way stop signs throughout the Town. Leaving this unwarranted multi -way stop location in place would make it very difficult to remove other unwarranted stop signs in the Town; • One of the main goals of the Plan is to make it easier for traffic to use the collector roads, Mark Street and Walton Drive, and more difficult for traffic to use the local streets. Leaving an unwarranted stop sign in place along Walton Drive is contrary to this goal. Traffic tends to flow where it can move most efficiently, and leaving an unwarranted impediment along Walton Drive is contrary to the goal of enticing the traffic to use the collector streets and not the local streets; • The Traffic Calming Plan has consistently been presented as an "all -or -nothing" solution. Making this change to the Plan solely in order to win support from a certain group of residents, while other residents in the Study Area were voting on the Plan on an "all -or -nothing" basis, is neither fair nor proper. Staff have advised residents who enquired about this issue that votes received stating that they would only vote "Yes" if the multi -way stop signs at this location were removed would be counted as "No" votes in the results of the Poll. Staff also advised these residents that since this matter was the only one that staff received any significant comments about during the course of the Poll, mention of it would be made in this report so that the matter was brought to Council's attention. 2.0 Road Alteration By-law Assuming Council approves the recommendations of this report, the next steps are to enact the Road Alteration By-law and then issue the "Notice of Study Completion" for the Class Environmental Assessment (EA). Normal practice would have been to wait for final approval of this report prior to placing the required advertising for the Road Alteration By-law. However, given the timing of the remaining Council meetings prior to the election, this is not possible. The advertisements for the By-law have therefore been placed in the Era Banner for today (October 3) and -31- GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 .4. Report No. PW06-052 October 10, 2006, although the standard wording has been revised to reflect that the By- law will only be considered upon successful adoption of the recommendations of this Report by Council. 3.0 Timing Assuming the successful adoption of the Road Alteration By-law on October 17, 2005, the Notice of Study Completion for the NE Quadrant Traffic Calming Study Class EA will be issued. Once the 30-day appeal period is up, assuming no "Part 2" or "bump -up" requests have been made, the Class EA will be approved. Staff will then be able to commence the detail design work for the Traffic Calming Plan, which will among other things, allow for detailed cost estimates to be generated to be presented for Council's consideration as part of the 2007 Capital Budget. Should the budget for this project be approved, staff are intending to include the traffic calming works in the contract for the reconstruction of Mark Street, Oak Court, Birch Court, and Cedar Crescent. This will allow for the best coordination of the implementation of the works, and likely better costs. OPTIONS Council may decide not to give final approval to the design of the Traffic Calming Plan. Council may decide to retain the multi -way stop signs at the intersection of Walton Drive/Birch Court/Cedar Crescent. FINANCIAL IMPLICATIONS As discussed in Report PW06-041, funding for the implementation of the NE Quadrant Traffic Calming Plan will be presented to Council for consideration as part of the 2007 Capital Budget. This will include funding for an evaluation of the impacts, if any, that the implementation of the Traffic Calming Plan might have on the area to the north of the Study Area, as requested by Council. CONCLUSIONS As required under the Town's Traffic Calming Policy, a poll of residents and business people within the study area has been undertaken. The results of the poll (67% response of which 72% approved of the Traffic Calming Plan) met the Policy requirements and hence, the next steps toward implementation are proposed in this report. —32— GENERAL COMMITTEE - OCTOBER 3, 2006 October 3, 2006 - 5 - Report No. PW06-052 LINK TO STRATEGIC PLAN Goal "C" - Promote a healthy environment that fosters social and physical well-being Objective "C2" - Enhance and promote public safety Action - Encourage better traffic movement though and outside of the downtown core ATTACHMENTS Appendix "A" - September 5, 2006 letter to residents in the Study Area Appendix "B" - Northeast Quadrant Traffic Calming Plan PRE -SUBMISSION REVIEW Management Team meeting of September 27, 2006 Prepared by: David Atkins, Manager of Engineering Services, ext. 4382 W. H. Jacl on Director of Public Works John S. Rogers C.A.O -33- APPENDIX "A" GENERA,Lk,,,COMMITTEE — OCTOBER 3, 2006 DEPARTMENT OF PUBLIC WORKS Reply to: W.11 Jackson, P.Eng. AT TYO7� � Director -Public Works <J j�j� (905) 727-3123, Ext. 4371 wiackson(a�e aurora.ca yowre, ia, ccjood cowpat y September 5, 2006 1 Municipal Drive Box 1000, Aurora, ON L4G 6J 1 wme-aurora.ca Residents of Birch Court, Catherine Avenue, Cedar Crescent, Centre Street, Fleury Street, Maple Street, Mark Street, Oak Court, Spruce Street, Walton Drive and Wells Street North Re: NE Quadrant Traffic Calming Study — Resident's Poll Regarding Traffic Calming Plan Dear Residents, On August 22, 2006 Council considered Report PW06-041 (Northeast Quadrant Traffic Calming Project — Proposed Traffic Calming Plan) and resolved: "THAT Report No. TSAB06-041 "Northeast Quadrant Traffic Calming Project — Proposed Traffic Calming Plan" be received; and THAT Council: • approve in principle the Traffic Calming Plan for the Northeast Quadrant; and • authorize the consultant to conduct a poll of households within the Northeast Quadrant to ascertain their views on the traffic calming design as contained in Report No. PW06-041; and THAT subject to a successful poll as described within Report No. PW06-041, staff be authorized to post the necessary advertising for the road alteration by-law; and THAT subject to the passing of the road alteration by-law the consultant be authorized to issue the "Notice of Study Completion'; and THAT should there be no appeal to the Ministry of the Environment during the 30-day review period after the publication of the "Notice of Study Completion" that the implementation of the Traffic Calming Plan be referred to the 2007 Capital Budget process for Council's consideration, including funding for an evaluation report on the impact of traffic on the surrounding neighbourhoods. THAT Public Works and Central York Fire Services be consulted regarding possible concerns they may have on the proposed recommendations. The underlined sections of the resolution were added by Council during the debate on the staff Report. The next step in this project, and the intent of this letter, is to initiate the resident's poll that is required under the Town's Traffic Calming Policy. It is required that the poll have a 60% response rate from households or businesses in the Study Area, and that there be a 60% approval of the proposed Traffic Calming Plan. —34— GENERAL COMMITTEE - OCTOBER 3, 2006 A copy of the Traffic Calming Plan is attached, and it can also be viewed on the-TWn`s website at httip://www.town.aurora.on.ca/Whats New/Communit TrafFcCalminaPlan2006-08-04,Pdf If you have questions regarding the Traffic Calming Plan, please contact Mr. Alvaro Almuina at 416- 229-4647, ext. 455, or by e-mail at aalmuina@dillon.ca Please complete the form below return it to the Town no later than Monday, September 18, 2006. It is extremely important that all residents/businesses in the Study Area respond to this Poll. Without a 60% response rate from those residents and businesses and without a 60% approval rate In those responses the NE Quadrant Traffic Calming Plan will not likely proceed. Yours truly, W. on, P.Eng. Director of Public Works Att. cc: Mayor and Members of Council D. Atkins, Manager of Engineering Services Alvaro L. Almuina, Dillon Consulting NE Quadrant Traffic Calming Plan — Resident's Poll Name: Addres Date: I/we approve of the proposed NE Quadrant Traffic Calming Plan: (Yes) (No) Notes: 1, Responses MUST be received no later than 4:30 p.m. Monday, September 18, 2006 2. Responses may be submitted by e-mail to aclarke a(_e-aurora.ca, by fax at (905) 841-7119, dropped off at the Public Works Department on the 3rd floor of the Town Hall, or sent by mail to: Public Works Department — Town of Aurora 1 Municipal Drive, Box 1000 Aurora, Ontario L4G 6J 1 3. One response only per address, please. _ 35— GENERAL COMMITTEE — OCTOBER 3, 2006 ,fit aZ-H09-ITF, .' �°. TOWN OF AURORA GENERAL COMMITTEE REPORT No. PL06-106 SUBJECT: Application to Amend the Zoning By -law -Removal of Holding (H) Provision Schickedanz Bros. Ltd. (Elderberry Hill) 13990 and 14028 Yonge Street, Aurora File; D14-04-05 (Ref. D12-013A) FROM: Sue Seibert, Director of Planning and Development Services DATE: October 3, 2006 RECOMMENDATIONS THAT Council enact By-law 484ZO6.D to remove the Holding (H) prefix from the lands legally described as Part of Lot 72, Concession 1, W.Y.S (13990 and 14028 Yonge Street) at the Council Meeting of October 10, 2006. BACKGROUND This site was the subject of an Ontario Municipal Board Hearing for an Official Plan Amendment and Rezoning in the fall of 2000 along with the South Aurora Landowners Group (SALOG) property within the Yonge Street South Urban Expansion Area Secondary Plan adopted by Council on July 25, 2000. The Board's Order for the Schickedanz site approves both site specific Official Plan Amendment 39, and Zoning By-law Amendment 4245-OO.D for the 2 unit to the acre development with a comprehensive policy excluding development in the most sensitive parts of the site and limiting it in others. The development concept reflected in the Zoning By-law is for 40 detached dwelling units in clusters accessed by public cul-de-sacs. Location/Land Use The Schickedanz Elderberry Trail property is located at the north west corner of Yonge Street and Elderberry Trail and is approximately 8.0217 hectares (19.82 acres) in size. and previously contained a horse farm. Official Plan The subject lands are designated "Cluster Residential", "Public Open Space" and "Environmental Function Area" according to the Land Use Schedule in Official Plan Amendment No. 39. This site specific designation was approved by the Ontario Municipal Board in their decision date December 29, 2000. —37— GENERAL COMMITTEE — OCTOBER 3, 2006 October 10, 2006 - 2 - Report No. PL06-106 Zoning By-law The subject lands are currently zoned "(H) Detached Dwelling First Density Residential (R1-301) Exception Zone", "Environmental Protection (EP-14) Exception Zone" and "Open Space (0-15) Exception Zone" by the Town of Aurora Zoning By-law 2213-78, as amended as per the Ontario Municipal Board decision of December 29, 2000. The conditions for removal of the "(H)" Holding prefix pertaining to the residential portion of the property are set out in the site specific provisions of the by- law which are as follows: • the Town of Aurora, the Region of York and the Lake Simcoe Region Conservation Authority are satisfied that a hydrogeological study has been completed to their satisfaction in accordance with the Terms of Reference as attached to Official Plan Amendment No. 39 as Appendix "B"; • the Region of York has confirmed that adequate servicing capacity is available and the Town of Aurora has allocated such capacity; and, • a subdivision agreement, and/or other agreement(s) as required, have been executed between the Owner of the lands and the Corporation of the Town of Aurora. COMMENTS The applicant has applied to the Town of Aurora to remove the Holding (H)" provision from the subject lands. As indicated above, the site specific provisions of the Zoning by-law detailed the requirements for the applicant to address prior to removal of the "(H)" Holding prefix. The applicant has addressed the above mentioned conditions to and staff have received no objections by any Town departments or external agencies to the request for comments on the lifting of the Hold. As such staff are of the opinion that the conditions of the Hold provisions have been effectively fulfilled and secured and recommend the lifting of the Holding By-law for the subject lands be approved. OPTIONS The conditions for removal of the "(H)" Holding prefix have been satisfied and the Town holds securities for the development of the subject lands. As such, Council may proceed with enacting the attached by-law to lift the "(H)" Holding provision. FINANCIAL IMPLICATIONS Not applicable. LINK TO STRATEGIC PLAN The Strategic Plan contains objectives to 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 mom GENERAL COMMITTEE — OCTOBER 3, 2006 October 10, 2006 - 3 - Report No. PL06-106 development activity. The subject application assists in achieving these objectives through the development of this new residential. neighbourhood. CONCLUSIONS The requirements for removing the Holding (H) prefix on these lands have been satisfied. Staff are therefore recommending that Council enact By-law 4842.06.D (see Appendix 1) to lift the Holding symbol on the subject lands thereby allowing the development of the lands to proceed in accordance with the provisions of the Subdivision Agreement. ATTACHMENTS Figures Figure 1 — Location Plan Figure 2 — Zoning Map Appendixes Appendix 1 — Draft By-law Number 4842.06.D PRE -SUBMISSION REVIEW The subject application was reviewed at the Management Team Meeting of September 27, 2006. Prepared by: Deborah Giannetta, M.Sc.PI., Planner Extension 4347 w S eib M.C.I.P., R.P.P. Direct , or of Planning and Development Services John S. Rogers, C.A.O. —39— LOOM of Richmond lHill 200 400 Metres LOCATION MAP APPLICANT: SCHICKEDANZ BROS. LTD SUBJECT LANDS FILE: D12-01-3A & D14-04-05 AURORA PLANNING & DEVELOPMENT SERVICES Au> RA ymuM iw yaal ce„�ary FIGURE 1 Town of Aurora on York N c CD 4N �% W �JIP 0 I Q' o ''^^ ✓� r a W co G7 LL v e M y M W m o M 1 1 ,= P►i � N O N LL. LL WLO E �- N N N 133a1S 3ONOA o a a 1 2 TOM `o 3 I.L IL m a �U o GLium m Q 1 U 6 — w C.)w y �_/ w o LU I.L. W ui J z O "r LU 0 a w �/ Z m of W Nc> Z < ,q W 0 000 w 4 as Ie°Z_g ai ,N,1n1 V U< T 9y Z mM C F' z N a W o Cl)Up� 5( fy ELJ J W aLLa GENERAL COMMITTEE - OCTOBER 3, 2006 APPENDIX A Schickedanz Bros. Limited THE CORPORATION OF THE TOWN OF AURORA By-law Number 4842.06.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (13990 and 14028 Yonge Street, 014-04-05) WHEREAS the lands affect by this By-law are subject to a Holding (H) prefix in conjunction with a zoning category, as permitted under Sections 34 and 36 of the Planning Act, R.S.O. 1990; AND WHEREAS Council is satisfied that the conditions for the removal of the Holding "(H)" prefix have been met in respect of the subject lands; AND WHEREAS the municipal Council of the Corporation of the Town of Aurora deems it necessary and expedient to amend By-law 2213-78, as amended; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT the "(H)" prefix preceding the "Detached Dwelling First Density Residential (R1-30i) Exception Zone", applying to the lands shown on Schedule "A" attached hereto and forming part of this By-law, is hereby removed. 2. THAT the provisions of this By-law shall come into force and be effective upon final passage thereof. READ A FIRST AND SECOND TIME THIS 101h DAY OF OCTOBER, 2006, READ A THIRD TIME AND FINALLY PASSED 10th DAY OF OCTOBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK p -42- GENERAL COMMITTEE - OCTOBER 3, 2006 Explanatory Note Re: Zoning By-law No. 4842.06.D By-law Number 4842.06.D has the following purpose and effect: To amend By-law 2213-78, as amended, the Zoning By-law in effect in the Town of Aurora, that the '(H)" prefix preceding the "Detached Dwelling First Density Residential (R1-30i) Exception Zone', applying to the lands is hereby removed. This By-law will permit the development of the subject lands for a residential plan of subdivision consisting of 40 single detached dwellings. -43- GENERAL COMMITTEE - OCTOBER 3, 2006 TOWN OF AURORA THIS IS SCHEDULE "A" TO BY-LAW NO. 4842-06.D THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part of Lot 72, Concession 1, W.Y.S PASSED THIS DAY OF -, 2006. B. PANIZZA, CLERK T. JONES, MAYOR LANDS SUBJECT TO REZONING FROM "(H) RI-301" TO "RI-301" SCHEDULE "A" TO BY-LAW NO. 4842-06.13 -44- GENERAL COMMITTEE - OCTOBER 3, 2006 TOWN OF AURORA GENERAL COMMITTEE No. PL06-121 SUBJECT: Issues Related to New Over Sized Housing Developments in Existing Neighbourhoods (Update Report) FROM: Susan Seibert, Director of Planning and Development Services DATE: October 3, 2006 RECOMMENDATION THAT Report PL06-121, being an update report regarding the construction of over sized infill housing in existing neighbourhoods be received as information; and THAT, Staff be directed to continue working through the process related to new oversized housing developments as outlined in report PL06-121. Council passed the following resolution at their meeting held on July 11, 2006: "THAT Report PL06-076 regarding the construction of over sized infill housing in existing neighbourhoods be received as information; THAT Council direct Planning Staff to initiate a working group with the Building Administration Department, in orderto determine which infill zoning provisions used in other municipalities can be successfully applied in the Town of Aurora; THAT Staff be further directed to identify a preferred zoning option and determine the geographic area or areas where the infill zoning provisions would apply; THAT Staff be directed to seek public involvement in the process by hosting a Public Open House; and THAT, Staff report back on the matter in September 2006." COMMENTS Establishment of a Working Group In accordance with the above resolution, a working group was established made up of the following members of the Planning and Development Services and Building Administration Departments: Fausto Filipetto, Policy Planner Michael Seaman, Community Planner -45- GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 -2- Deborah Giannetta, Planner Techa van Leeuwen, Director of Building Administration Ruth Beaton, Permit Information Officer Report No. PL06-121 Report PL06-076, which recommended the above resolution was deferred from both the June 20, 2006 General Committee meeting and the June 27, 2006 Council meeting. As a result, the working group has only had the opportunity to have one meeting. This meeting was a brainstorming session where infill housing by-laws from other municipalities were reviewed, and some preferred zoning provisions were identified. Some of these preferred provisions include the following: • requiring a minimum distance separation between dwelling units; • requiring that a minimum front yard setback is calculated based on the average set back of the adjacent dwellings, including encroachments; • the maximum allowable height of a flat roof is currently 10 m (32.81 ft.), Staff feel this is too high [in the Village of Markham the limit is 8 m (26.25 ft)]; • requiring that the maximum number to storeys is decreased from three to two; • including a maximum height provision for the first storey; • requiring a limit on driveway depressions as they add mass to a dwelling; • requiring a minimum landscaped area; • requiring a maximum allowable depth provision, to be measured from the required front yard set back [it is common for other municipalities to use 16 m (52.49 ft.)]; • limiting garage projections; • possibly limiting garage coverage; Case Study: 132 Hillview Road One of the new dwellings which led to resident concerns regarding infill housing is 132 Hillview Road. If one were to use this development as a case study therefore and apply the above infill zoning provisions, the following results would be achieved: • limiting the height to two storeys would reduce the height of the rear facade by one storey; • limiting the height of the first storey would reduce the size of the front facade; • prohibiting depressed driveways would removed some of the mass from the front fagade; • establishing a minimum distance separation to adjacent dwellings would reduce the —46— GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 .3- Report No. PLO6-121 impact on adjacent properties; • a minimum landscaped area requirement would -increase the quality of the design and provide for a less "concrete" looking fagade; and limiting building depth would reduce the size of the footprint, thus reducing the impact of the development. Staff are of the opinion therefore that infill zoning provisions such as those described above are beneficial as they would provide for an increased quality of design and reduced impact on the character of existing neighbourhoods. Furthermore, the impact of infill housing on the existing adjacent dwellings would also be reduced. It should be noted that Staff have received telephone calls from two residents of Hillview Road who have expressed concerns with any proposed by-law changes on their street. These residents have said that they are satisfied with the infill housing built on their street and that it would be unfair to now place restrictions on new housing, which previous builders did not have to conform to. There was also an expression of concern that infill zoning provisions would have a negative impact on property values on the street. Relationship between Infill Zoning and Heritage District Plans As Council is aware, a Heritage District Plan has been prepared for the area known as Northeast Old Aurora. This plan contains provisions similarto the ones described above in order to ensure that redevelopment in the area is consistent with the Heritage Character. The Ontario Heritage Act allows for the creation of these plans, which supersede the zoning by-law. However, it is the Town's intention that the zoning by-law be brought into conformity with the Heritage District Plan in the fullness of time for consistency purposes. In preparing a zoning by-law amendment regarding infill residential development and determining their applicable areas, it should be noted that in some areas, this by-law could proceed along with a Heritage District Plan if the area contains considerable heritage resources. to other areas such as Hillview Drive, where heritage resources are limited, a Heritage District Plan would not be warranted and therefore an infill by-law would proceed independently, should Council direct it. It should therefore be noted that different geographical areas may require different approaches when dealing with infill development. Next Steps The next step would be to continue studying infill zoning provisions used in other municipalities in orderto establish preferred zoning provisionswhich could be presented to residents at a Public Open House. At that time, a decision could also be made as to whether the process would benefit from having a steering committee with citizen involvement. The working group would also undertake a study of the Town in order to determine what geographic area or areas the infill zoning provisions would apply, which would ultimately be decided by Council. —47— GENERAL COMMITTEE — OCTOBER 3, 2006 _ October 3, 2006 OPTIONS - 4 - Report No. PL06-121 As the study progresses, Council will have a number of options regarding preferred zoning provisions as well as applicable geographic area. FINANCIAL IMPLICATIONS No funds to carry out additional studies that are not identified within the departmental business plans have been included in the 2006 capital budget. Some Staff time has been freed up, by reordering priorities to undertake a preliminary review of zoning standards and studies that have been undertaken in other municipalities in the Greater Toronto Area. Funds may be needed in 2007 for this undertaking depending upon the results of these preliminary investigations. LINK TO STRATEGIC PLAN The Strategic Plan contains objectives to ensure high quality, comprehensive community planning and preserving heritage resources. A review of the Town's zoning by-law as it relates to infill development would be consistent with these objectives. PROVINCIAL POLICY STATEMENT The Provincial Policy Statement requires the conservation of significant built heritage resources and significant cultural heritage landscapes. CONCLUSION In accordance with Council's resolution, a working group has been established which contains members of both the Planning and Development Services and Building Administration Department. An inaugural meeting was held and some preferred infill zoning provisions were identified. Staff believe that there is value in further studying these and other provisions and that their application would be beneficial as they would provide for an increased quality of design and reduced impact on the character of existing neighbourhoods. Furthermore, infill zoning provisions would also reduce the impact of infill housing on the existing adjacent dwellings. Should Council agree that there is merit in studying infill development, it is recommended that they direct Staff to continue working through the identified process. PRE -SUBMISSION REVIEW: Management Team Meeting - September 27, 2006 Prepared by: Fausto Filipetto, Policy Planner Extension 4342 S i n S ert, M.c.r.P., R.P.P. o n S. Rogers, Director of Planning and Development C.A.O. Services GENERAL COMMITTEE — OCTOBER 3, 2006 — .. �.•- �a .. I A AOA ITEO `f a TOWN OF AURORA GENERAL COMMITTEE REPORT No. PL06-122 SUBJECT: Zoning By-law Amendment Application David LeGallais 154 Wellington Street East Part Lot 107, Plan 246 File NumberD14-05-05 FROM: Sue Seibert, Director of Planning and Development Services DATE: October 3, 2006 RECOMMENDATION THAT Council enact implementing Zoning By-law Amendment 4862-06.D. BACKGROUND Location/Land Use As illustrated on Figure 1, the subject lands are located north of Wellington Street East, south of Centre Street, west of Industrial Parkway North, east of the train tracks, and are municipally known as 154 Wellington Street East. The subject property has an approximate area of 73OM2 (7,855ft ), has a frontage of 15m (49ft.) on Wellington Street East, and is currently being used for residential purposes. It is noted that the western portion of the subject lands has a cross easement in favour of the adjacent western property. Surrounding Uses To the North: Residential and Commercial — Tony's auto repair shop across Centre Street South: Vacant — across Wellington Street East East: Mix use — residential and commercial West: Commercial -Animal Hospital Official Plan The subject lands are designated as "Service Commercial" by the Town of Aurora Official Plan and are located within the Town's designated "Heritage Resource Area". Permitted uses for lands designated as Service Commercial include, but are not limited to, offices, data processing centres, motels, hotels, restaurants, technical trades, and child care centres. Staff are of the opinion that the proposed rezoning to allow the lands to be used for an animal hospital, including ancillary retail, or a business and professional office, conforms to the policies of the Official Plan. —49— GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 - 2 - Report No. PL06-122 Zoning By-law The subject lands are currently zoned `Restricted Industrial (M1-A) Exception Zone" by the Town of Aurora Zoning By-law 2213-78, as amended. The M1-A Zone permits a wide range of uses that include, but are not limited to, warehouses, commercial self storage facilities, data processing centres, repair shops, and trade schools. The proposed uses of the lands for the purposes of an animal hospital with accessory retail, or a business office, are not permitted by the Zoning By-law. September 28, 2005 Public Planning Meeting At the September 28t" public meeting, no objections regarding the subject application were expressed by Staff or members of the public. As noted in the public planning report (PL05- 090), the Building Department did recommend that the implementation of the zoning by-law be subject to a review of a site plan submission in order to better evaluate by-law performance provisions relating to parking and building setbacks. After the public meeting, Council adopted the following resolution, "THAT Council approve the application, in principle, subject to a site plan submission that addresses concerns raised by the Building Department". RESOLUTION OF OUTSTANDING ISSUES Parking The applicant submitted a site plan application on June 19", 2006. As illustrated on the site plan (Figure 2) the applicant intends tc sufficient vehicle manoeuvring space, to the the existing laneway. Building Setbacks provide the necessary parking spaces, with rear of the existing building and to the east of As illustrated by the attached site plan, York Region is protecting a 36 metre (118ft.) right- of-way along Wellington Street East. It is noted that the existing building and porch is located within this right-of-way. As such, the Regional Municipality of York requires the conveyance of land between the front porch and the existing street line [approximately 5mx11m (16ft.x36ft.)]. Building setbacks noted in the implementing by-law have been adjusted accordingly. Given that the submission of the site plan application has provided clarification with respect to parking and building setback provisions, Staff have no objections to the passing of the implementing zoning by-law. OPTIONS Council has the option of either approving the site specific Zoning By -Law 4862-06.D or directing staff to modify the aforementioned document. —50— GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 -3- Report No. PL06-122 FINANCIAL IMPLICATIONS Fees and service charges will be payable upon execution of the site plan agreement. LINK TO STRATEGIC PLAN The Strategic Plan contains goals that promote a sustainable community that respects its historic culture and character, and embraces diverse cultural development and renewal with sound environmental management and business development activity. Review of the subject applications through the Official Plan and Zoning By-law Amendment process, as well as the Site Plan process, will contribute in the facilitation of these goals. PROVINCIAL POLICY STATEMENT There are no conflicts with the policies of the Provincial Policy Statement as a result of this application. CONCLUSIONS An application has been submitted for a Zoning By-law Amendment to rezone the subject lands from "Restricted Industrial (MI -A) Exception Zone" to a site specific "Service Commercial (C3-16) Exception Zone". The rezoning would enable the subject lands to be used for an animal hospital, including accessory retail, or a business and professional office. Staff have no objection to the approval of implementation of By-law 4862-06.D. ATTACHMENTS Figure 1 — Location Plan Figure 2 — Site Plan Appendix 1 — By-law 4862-06.D PRE -SUBMISSION REVIEW Management Team Meeting — September 27, 2006 Prepared by: Andrew Harper, Planner Extension 4349 e ei - e , M.C.I.P., R.P.P. ►rector f Planning and Development Services n S. Rogers, C.A.O. —51— c Industrial Pkwy N F- LU W w Z VJ a L W U S'Am4d Iola;snpul IS ssoa tS aura *9UL11L OJ11(om11eV co CL GENERAL COMMITTEE — OCTOBER 3, 20061Iyp�+ G. 'LG3�a1 UN�ii a of A5f'IIAI.:T cam �C F_. �l Adjacent Lands V, (Also Owned by Applicant) Property Li 111RO [KITv LINE RE.TAiNING WALL �r 4. 1 r r y, I Construction Of Required REMOVE((�-F-==---y:{(.YS�:j�l z 2 Parking EX. UP, _1 I UUUJJJ UD �. ._.1 'nl O 3,19 �� ;) UI Ll., NEW O O yn 20 X UOF Z 41 165 CLT) o E32CD I f- fL 626e y262 262,2 d 0- a e� CI]NC. 262y6 - 0-' ATIa ° n� z Q s5 w; 0 o; HOUSE 154 Land to be � �i Al II I I 0.0 Conveyed To YR WOOD DECK I'�0 1.S CONC. SIDEWALK qp;a" 4', 26196 26�'` ,..,.,��r..,.�a.�...: NEW CUR!] CLIP F_,k CUrb CUt NFW CURB CUT m REGION 57'D.05Y-216 ,_.._„ M H D a REGION STD.DS-216 Y!O DBL. CB w N n0260 >x O ti 2622 it � 3CENTRE LINE OF PAVEMENT rl —53— t1r3 26ti�� 1.5m CONC. SIDEWALK ETE CURB — 18m (59ft.) R.O.W. GENERAL COMMITTEE- OCTOBER 3, 2006 David LeGallais The Corporation of the Town of Aurora By-law Number 4862-06.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (David LeGallais, 154 Wellington Street East, D14-05-05) WHEREAS Section 34 of the PlanningrAct, R. S.O. 1990, c.P.13, as amended provides that the Council of a local Municipality may pass a Zoning By-law; AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-law 2213-78 being theZoningBy-law, as amended; AND WHEREAS the Council of the Corporation of the Town of Aurora deems it advisable to further amend By-law 2213-78, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law, is hereby amended from "Restricted Industrial (MI -A) Exception Zone' to "Service Commercial (C3-16) Exception Zone". 2. THAT the following be added as Section 22.16 "Service Commercial (C3-16) Exception Zone'. Section 22.18 SERVICE COMMERCIAL (C13-16) EXCEPTION ZONE (4862-06.D) 22.16.1 Uses Permitted - animal hospital, including accessory. retail - business and professional office 22.16.2 Zone Requirements 22.16.2.1 Lot Specifications Lot Area 700m2 Lot Frontage 11 m 22.16.2.2 Sitting Specifications Front Yard (minimum) 2.0 metres Front Yard — Deck (minimum) 0.0 metres Rear Yard (minimum) 7.5 metres Side Yard (minimum) 3.0 metres 22.16.2.3 Building Specifications Lot Coverage (maximum) 35.0 percent Height (maximum) 10.0 metres -54- GENERAL COMMITTEE - OCTOBER 3, 2006 23.16.2.4 Landscape Requirements Notwithstanding the provisions of Section 6.31, the minimum required buffer strip along the western property line shall be nil and shall not require fencing. 3. THAT no part of this By-law will come into force until the provisions of the Planning Act have been complied with, but subject to such provisions the By-law will take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS — DAY OF OCTOBER, 2006. READ A THIRD TIME AND FINALLY PASSED _ DAY OF OCTOBER, 2006. T. JONES, MAYOR B. PAN/ZZA, TOWN -55- GENERAL COMMITTEE - OCTOBER 3, 2006 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part Lot 107, Plan 246 154 Wellington Street East THIS IS SCHEDULE "A" TO BY-LAW NO. 4862-06.D PASSED THIS DAY OF -, 2006. B. PANIZZA, CLERK T. JONES, MAYOR LANDS SUBJECT TO REZONING FROM "Ml-A" TO "C3-16" 4 N FR2 W C C 2. _0 12 Centre St z C7 L) IWELLINGTON STIR T EAST (H) C5-2 C5-7 c5-1 o M2 0 PM1 -Aj 5-3 %U RA3-5 MI -A 1 2-5 1 SCHEDULE "A" TO BY-LAW NO. 4862-06.13 -56- GENERAL COMMITTEE - OCTOBER 3, 2006 Explanatory Note Re: Zoning By-law No. 4862-06.D By-law Number 4862-06.1) has the following purpose and effect: To rezone the property from 'Restricted Industrial (M1-A) Exception Zone" to "Service Commercial (C3-16) Exception Zone" so as to permit the subject lands to be used for the following uses: animal hospital, including accessory retail business and professional offices -57- GENERAL COMMITTEE - OCTOBER 3, 2006 i 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. FS06-034 SUBJECT: Annual Cancellation, Reduction or Refund of property taxes under Section 357 of the Municipal Act FROM: L. John Gutteridge, Director of Finance/Treasurer DATE: October 3, 2006 RECOMMENDATIONS THAT the Property Taxes in the amount of $34, 784.07 be adjusted in accordance with Section 357 of the Municipal Act; the Town of Aurora's portion being $10,703.66; THAT the associated penalty/interest be cancelled in proportion to the tax adjustment; THAT the Director of Finance/Treasurer be directed to adjust the Co/lector's Roll, BACKGROUND Applications have been received to adjust taxes under Sections 357 of the Municipal Act, 2001 S.O. 2001 c, 25 as amended for the taxation years 2005 and 2006 as specified on the attached Schedule A. Sections 357 of the Municipal Act allows for the cancellation, reduction, or refund of property taxes. Section 357 permits property tax adjustments for the following reasons: a) as a result of a change event, as defined in clause (a) of the definition of "change event" in subsection 34(2.2) of the Assessment Act, during the taxation year, the property orportion of the property is eligible to be reclassified in a different class of real property, as defined in regulations made under that Act, and that class has a lower tax ratio for the taxation year than the class the property or portion of the property is in before the change event, and if no supplementary assessment is made in respect of the change event undersubsection 34(2) of theAssessmentAct; b) the land has become vacant land or excess land during the year or during the preceding year after the return of the assessment roll for the preceding year; c) the land has become exempt from taxation during the year or during the preceding year after the return of the assessment roll for the preceding year; d) during the year or during the preceding year after the return of the assessment roll, a building on the land, WI-M GENERAL COMMITTEE — OCTOBER 3, 2006 OCTOBER 3, 2006 - 2 - Report No. FS06-034 i. was razed by fire, demolition or otherwise or ii. was damaged by fire, demolition or otherwise so as to render it substantially unusable for the purposes for which it was used immediately prior to the damage; e) the applicant is unable to pay taxes because of sickness or extreme poverty; fl a mobile unit on the land was removed from the local municipality during the year or during the preceding year after the return of the assessment roll for the preceding year; g) a person was overcharged due to a gross ormanifest error that is clerical or factual in nature, including the transposition of figures, a typographical error or similar error but not an error in judgement in assessing the property, or h) repairs orrenovations to the land prevented the normal use of the lands fora period of at least three months during the year. COMMENTS The 19 applications for the adjustment of property taxes filed under Sections 357 have been reviewed and approved bythe Municipal Property Assessment Corporation (MPAC) and Town of Aurora's Financial Services Department as required by the Municipal Act. The schedule attached identifies the amount of the property tax adjustment, the year of taxation, and the reason for the adjustment. The value is inclusive of the Town of Aurora, Region of York and Boards of Education portions of the property taxes. OPTIONS 01 FINANCIAL CONSIDERATIONS: The amount of property taxes adjusted for each of the Region of York and Boards of Education will be reflected on the 2006 payment submissions to these bodies. The Town of Aurora's portion of the levy for the two years 2005 and 2006 is $10,703.66. The 2006 budget for Town tax adjustments is $150,000. To date, (including the adjustments contained in this report) we have processed Assessment Review Board (ARB) Decisions, Municipal Property Assessment Corporation (MPAC) Reconsideration's, Bill79 and Bill 140 Capping and Clawback Adjustments, Municipal Act Sections 357 and 358 Adjustments totalling $185,893.19. The Town of Aurora's share is $59,435.28 less the amount accrued as at December 31, 2005 of $50,711.04 for a net 2006 expenditure to date of $8,724.24(See Schedule B attached hereto). The Town of Aurora maintains an Allowance for Tax Write Off's and Adjustments (GL Code 1-1-00100-0060). The funds available in this allowance to offset unbudgeted Tax Write Off's and Adjustments are $150,000.00. —59— GENERAL COMMITTEE — OCTOBER 3, 2006 OCTOBER 3, 2006 - 3 - Report No. FS06-034 Assessment Review Board (ARB) decisions and Municipal Property Assessment Corporation (MPAC) Reconsiderations will continue to be processed as they are received to year-end. We have a number of assessment appeals outstanding with the Assessment Review Board for the taxation years 2003 through 2006 for properties in both the capped and non -capped tax classes. The majority of these complaints are still at the Pre -Hearing stage with the Assessment Review Board (ARB); therefore, we are unable to estimate the financial impact of these outstanding assessment appeals should they be successful. CONCLUSIONS That Council approve the adjustment of property taxes under Sections 357 of the Municipal Act totalling $34,784.07. LINK TO STRATEGIC PLAN N/A SUPPLEMENTARY INFORMATION: Attachments Schedule A — Tax Adjustments under Sections 357 of the Municipal Act Schedule B - Summary of all 2006 Property Tax Adjustments to date Pre -Submission Review John Rogers, September 29, 2006 Prepared by. Paul Dillman, Ext. 4112 Director of Finance/Treasurer n S. 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'- ZO � y y a w O LU y ul y M N z V N M V 10 (OrymO V O 00�4 O ^00 O O'h q `� $ 0 0 0 H XX� a U d O M N 0 _y d 0 o o0o oo c580 o 0 �- 0 990 0 0 3 0 V= F J U O O O O O O O o O N N Q N N N N N N N N N S= N N N N N N N N .J Q 1 Q z r -61a z r 5 0 r 0 r a � 0 GENERAL COMMITTEE OAOBERTSWN20"SNsu TEFFADADJusrMENrs September 28, 2006 SCHEDULE B DESCRIPTION YEAR TOWN REGION EDUCATION TOTAL MUNICIPAL ACT, SECTION 357 (PREY. 442) 2004 $0.00 $0.00 $0.00 $0.00 Cancellation, reduction, refund of taxes 2005 $4,828.24 $6,871.12 $3,980.60 - $15,679.96 2006 $5,875.42 $8,046.28 $6.182.41 $19,104.11 $10,703.66 $14,917.40 $9,163.01 $34,784.07 MUNICIPAL ACT, SECTION 358 (PREY. 443) 2003 $0.00 $0.00 $0.00 $0.00 Overchanges 2004 $0.00 $0.00 $0.00 $0.00 2005 ($251.20) ($357.58) ($953.38) ($1,562.16 ($251.20) ($357.58) ($953.38) ($1,562.16) MUNICIPAL ACT, SECTION 359 Increase in taxes - 2005 $0.00 $0.00 $0.00 $0.00 2006 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MUNICIPAL ACT, SECTION 361 Rebates for Charities 2004 $0.00 $0.00 $0.00 $0.00 2005 $4,269.63 $6,073.32 $16,577.78 $26,920.73 2006 $10,296.35 $14,100.68 $7,864.56 $32,261.59 $14,565.98 $20,174.00 $24,442.34 $59,182.32 MUNICIPAL ACT, SECTION 362 2002 $0.00 $0.00 $0.00 $0.00 Vacancy Rebates 2003 $0.00 $0.00 $0.00 $0.00 2004 $190.73 $278.17 $798.39 $1,267.29 2005 $4,297.31 $6,115.59 $16,681.29 $27,094.19 $4,488.04 $6,393.76 $17,479.68 $28,361.48 ASSESSMENT REVIEW BOARD 2003 $1,752.21 $2,536.85 $7,679.88 $11,868.94 2004 $6,932.95 $10,116.37 $27,806.17 $44,857.49 2005 $642.66 $914.59 $529.84 $2.087.09 2008 $0.00 $0.00 $0,00 $0.00 Pending ($50,711.04) $0.00 $0.00 $50,711.04) ($41,383.22) $13,567.81 $36,917.89 $8,102.48 BILL 14 - NEW CONSTRUCTION 2003 $0.00 $0.00 $0.00 2004 $0.00 $0.00 $0.00 $0.00 2005 $0.00 $0.00 $0.00 $0.00 2006 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BILL 140 - NEW CONSTRUCTION/NEW TO CLASS 2004 $0.00 $0.00 $0.00 $0.00 2005 $0.00 $0.00 $0.00 $0.00 2006 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BILL 140 - POST BILLING ADJUSTMENT TO CAPPED CLASSES 2003 ($1,960.51) ($2,838.78) ($8,496.57) ($13,295.86) 2004 ($5,026.52) ($7,335.78) ($20,982.09) ($33,344.39) 2005 $1,566.51 $2,230.23 $6,077,52 $9.874.26 2006 $0,00 $0.00 $0.00 $0.00 ($5,420.52) ($7,944.33) ($23,401.14) ($36,765.99 MPAC - MINUTES OF SETTLEMENT (RECONSIDERATIONS) 2003 $766.54 $1,109.78 $1,652S9 $3,529.01 2004 $2,850.01 $4,158.63 $6,226.17 $13,233.81 2005 $5,235.43 $7,450.62 $10,544.90 $23,230,95 2006 $17,169.52 $23,513.31 $13,114.39 $53,797.22 $26,021.50 $36,232.34 $31,537.15 $93,790.99 SEV-SEVERANCE 2003 $0.00 $0.00 K00 $0.00 2004 $0.00 $0,00 $0.00 $0.00 2005 $0.00 $0.00 $0.00 $0.00 2006 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MOO TOTALS $8,724.24 $82,983.40 $94,185.55 $185,893.19 GENERL COMMITTEE - OCTOBER 3, 2006 VtTOWN OF AURORA AGENDA ITEM9 GENERAL COMMITTEE REPORT No. LS06-043 SUBJECT: Naming of Park FROM: Allan D. Downey, Director of Leisure Services DATE: October 3, 2006 RECOMMENDATIONS THAT Council approve the name Stewart Burnett Park for the future Community Park proposed for the lands north and west of the Aurora Recreation Complex (ARC); and THAT appropriate signage be erected on site indicating that the lands have been named and identified as noted for future community park use. BACKGROUND With the acquisition of the Burnett property and the successful completion of the new Recreation Complex (ARC) on a portion of these lands it has been deemed appropriate that one of the next phases of development on the remainder of the lands could potentially be an active community park. The Culture and Recreation Master Plan indicates that several community wide sports field facilities are needed in the near term if we are to achieve the approved level of recreation facility services for our residents. In view of this situation and to recognize a very prominent and historic connection to the subject lands it is considered appropriate that the future park be named, "Stewart Bumett Park" in honour of Mr. Stewart Burnett, the long time Aurora resident and owner/operator of the Burnett family farm on the lands that are now occupied by the ARC and future Community Park. It is well known that Mr Stewart Burnett, did in fact have a significant history in the Town of Aurora and the Town of Witchurch Stouffville prior to the annexation of that part of the Township by the Town of Aurora when the Regional Municipality of York reorganized the municipal boundaries in the early 1970s. COMMENTS Based on the attached personal outline and distinguished accomplishments of Mr. Burnett it is clear in the opinion of staff that the name Stewart Burnett Park is a most appropriate selection for this future Community Park. In reviewing the Public Facilities Naming Policy it is the opinion of staff that the process required to establish a name for this park is in compliance with the Public Facilities Naming Policy ....12 -63- GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 - 2 - Report No. LS06-043 FINANCIAL IMPLICATIONS Current Year Cost associated with installing temporary park name signage are estimated at approximately $300.00 and funds are available in Parks Division operational accounts for this expenditure. OPTIONS Council could elect to defer naming of the future Community Park until a later date, however given that the ARC has now been completed with the Official Grand Opening scheduled for October 28, 2006, it may be considered in the best public interest from a Leisure Services recreation planning perspective to establish the name for this future Community Park as a first step in the planning and development process for the actual park. CONCLUSIONS That the General Committee consider this park naming request and provide staff with their direction in this matter. LINK TO STRATEGIC PLAN Goal "Cl" speaks to maintaining, respecting, preserving and enhancing natural environment, natural heritage and green spaces. ATTACHMENTS Park location map. Personal background/outline of Mr. Stewart Burnett. Public Facilities Naming Policy 1997. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, September 27, 2006. Prepared by: Jim Tree, Parks Manager, Extension 3222 ALLAN D. DOWN OHN S. ROGERS Director of Leisure Services C.A.O. —64- GE Nn a Key Plan FUTURE COMMUNITY PARK AURORA RECREATION COMPLEX :rr � r r �iTTPTI/ WELLINGTON STREET -65- GENERAL COMMITTEE — OCTOBER 3, 2006 Stewart Burnett Elected to Vandorf School Board 1949 —1955 (6 years) Elected to Hartman School Board 1955 —1964 (last 6 as Secretary Treasurer Whitchurch Council for 8 years 1961 —1969 Elected top councillor in 1962 Deputy Reeve for 2 years The last reeve of Whitchurch-Stouffville 1970 elected by York County Council as I't Commissioner to the Warden 1972 Appointed to Committee of Adjustments in Aurora — 4 years Aurora Cemetery Board for 8 years Wesley United Church board for over 40 years Drove cancer patients to Sunnybrook for treatment for over 20 years — into his mid 80's Stewart was raised on a farm at Bathurst and Jefferson Sdrd. Married Helen Preston in 1937 (married 65 years) Started farming in Whitchurch in 1940. Farmed at Preston Lake, Victoria Square and in Aurora in the 50's. He won award from York County for "best Kept Farm" Retired in 1975 and moved to 30 acres east of the farm. Built his own house and raised prize winning Belgian horses for many years Often helped families who were hard up — lodging the children and paying outstanding debts until family could get back on its feet Aurora was Stewart's home for over 50 years and he was very proud to call it home Last gesture of love for Aurora was to sell his land to the Town instead of a developer. He wanted the people of Aurora to have a place to go and enjoy themselves e down of 1, �r o� THE CORPORATION OF THE TOWN OF AURORA DEPARTMENT OF LEISURE SERVICES GENERAL COWI TTEE - OCTOBER 3, 2006 TOWN OF AURORA -- DEPARTMENT OF LEISURE SERVICES PURPOSE To ensure consistency in the recommendations being submitted by staff to Council for their disposition. GOALS 1. To recognize outstanding contributions of persons/groups to our community. 2. To remember/retain the memories of past residents, facilities or events which depict our heritage, SOURCE OF NAMES INVENTORY Staff recommendations for names for Town facilities and streets will be based on and chosen from the following guidelines; 1. Malor Facilities A. Municipal Buildings i) Historical/prominent individuals/families/groups. ii) A suitable program or community related name which denotes an appropriate linkage to its function. iii) In recognition of a significant donation which was instrumental in making the facility a reality. B. Parks/Green Space/Trails i) Geographic or historical significance of the specific location. ii) Historical/prominent individuals/families/groups. ill) Significant donation (as above). -iv) Program/community related (as above). /2 . -68- GENERAL COMMITTEE- OCTOBER 3, 2006 ,Public Facilities Naming -Page 2 Policy - 1997 2. Minor Facilities A. Meeting Rooms i) Historical/prominent individuals/families/groups. ii) Significant donation (as above). iii) Geographic significance (as above). B. Program Areas (such as pool, arena, art gallery, etc.) i) Historical/prominent individuals/families/groups. ii) Geographic significance (as above). iii) Program/community related (as above). iv) Significant donation (as above). C. CompoundsNards/Bridges i) Geographic significance (as above). ii) Program/community related (as above). ELIGIBILITY CRITERIA The eligibility list for Council's consideration will be formulated based on the following specific criteria; Deceased Nominees: (Individuals) A. Aurora Residents To have a name eligible for nomination, first and foremost, an individual or family must have been a resident(s) of Aurora. B. Historical/Prominent Individuals/Families Individuals or families that have a historical connection to the Town's heritage or have in some way made significant contributions to the Aurora community. C. Geographic Significance Pertains to landowners that owned or lived on properties within the present or historic Aurora boundaries. ..../3 IME GENERAL COMMITTEE — OCTOBER 3, 2006 .Public Facilities Naming -Page 3 Policy - 1997 Deceased Nominees: (Individuals) - Continued D. Aurora War Memorial Cenotaph Individuals whose names are listed on the Cenotaph who have given their lives on behalf of their country. 2. Living Nominees: (Individuals) a) Staff will not place living names on an eligibility list. b) Living nominees must be nominated or recommended in writing by a member of Council. c) Political nominees must be retired from political life for at least five (5) years. d) Others must have been deemed by Council and the community to have made an outstanding contribution to the Town of Aurora. 3. Other: (Individuals, Groups and/or Companies) A. Sianificant Donation In the event a local business/industry/corporation or individual makes a significant donation to the Town for a specific reason. B. Developer/Builder Suggestions Developers/builders may have suggestions that come from the association with their respective subdivisions. C. Program/Community Related Names after a particular activity that is housed in a particular facility or after a neighbourhood that a facility is located within. COMPILATION OF NAMES 1. Community/service groups will be requested to submit names for consideration. During the annual Community Recognition Awards process, information will be advertised concerning the process of submitting suggestions for public facility naming. 2. The general public will be informed of the process and asked for submissions. A brochure on the criteria will be developed explaining the process. ..../4 —70— GENERAL COMMITTEE — OCTOBER 3, 2006 Public Facilities Naming Page 4 Policy -1997 COMPILATION OF NAMES - Continued 3. The Aurora and District Historical Society will be requested to submit a compilation of names from their records. Families or individuals will be informed of the Town's desire to commemorate them in the particular manner. 2. During Subdivision/Site Plan process, an eligibility list will be compiled, submitted and recommended to Council for consideration for street names. 3. In the planning for public institutions/buildings/parks and trails, the department responsible will submit recommended names as per the guidelines and criteria set out above. 4. The duplication or repeat use of names will be avoided, where possible. IMPLEMENTATION Staff will generate a report for Council's consideration. 2. Names will be communicated to the public prior to Council's final acceptance. 3. Corporate Services will officially register the names, after Council approval. —71— GENERAL COMMITTEE - OCTOBER 3, 2006 �GENDA M—ITEM # ta6 TOWN OF AURORA COUNCIL REPORT No. AAC06 07 SUBJECT: September 28, 2006 Accessibility Advisory Committee Meeting FROM: Chair Committee Members DATE: October 3, 2006 RECOMMENDATIONS - John Lenchak Catherine Couchman, Vice -Chair Helen Kogan and Nadine Raymond THAT the Committee Record of the Accessibility Advisory Committee Meeting 06-07 held on September 28, 2006 be received as information and the following recommendations of the Accessibility Advisory Committee be endorsed, 2. Accessibility Advisory Committee Minutes Number 06-06, August 21, 2006 THAT Accessibility Advisory Committee Minutes Number 06-06, as corrected, be approved. 3. PL06-116 - Applications to Amend the Official Plan and Zoning By-law 2213-78, as amended Loblaw Properties Ltd. - 15900 Bayview Avenue Files D09-04-06 and D14-12-06 THAT Loblaw Properties Ltd., be requested to install four (4) additional handicapped parking spaces in front of the medical office entrance; and THAT accessibility doors be installed at the entrance of the medical offices. 4. Discussion regarding a presentation to the Aurora Chamber of Commerce THAT staff secure a sponsorship table at the November 15, 2006 Aurora Chamber of Commerce luncheon for the purpose of informing the members of the Chamber of Commerce of accessibility matters; and THAT Committee Members and Staff be authorized to attend. 5. Handicapped Parking at the Aurora Family Leisure Complex THAT staff be authorized to proceed with the installation of handicapped parking spaces on the south side of the Aurora Family Leisure Complex between the two entrances, at an upset cost of $45,000 to be funded from the Accessibility Advisory Reserve Fund. -72- GENERAL COMMITTEE - OCTOBER 3, 2006 October 3, 2006 .2. Report No. AAC06-07 6. Ontario BiA Association Ontario Mainstreet Accessibility Awards 2006 THAT staff investigate potential funding opportunities with the Ministry of Social Services to assist with the development of an Aurora Accessibility Award Program. 7. Sue Mitchell of the Toronto Association of Business Improvement Areas Re: Accessibility Awards Nomination Deadline Extension THAT the correspondence from the Toronto Association of Business improvement Areas regarding the Accessibility Awards Nomination Deadline Extension be received for information purposes. ATTACHMENTS 1. Copy of Committee Record No. 06-07 Prepared by. Karen Ewart, Administrative Co-ordinator/Deputy Clerk Ext. 4222 Reviewed by: John Lenchak, Chair Accessibility Advisory Committee Ui(omww Jon Lenchak, Chair Accessibility Advisory Committee -73- GENERAL COMMITTEE — OCTOBER 3, 2006 COMMITTEE RECORD MEETING NO. 06-07 Committee: Accessibility Advisory Committee Date: Thursday, September 28, 2006 Time and Location: 3:30 p.m., Leksand Room Committee Members: John Lenchak, Chair, Catherine Couchman, Vice -Chair, Helen Kogan and Nadine Raymond Absent: Councillor West Other Attendees: Director of Corporate Services/Town Clerk and Administrative Co-ordinator/Deputy Clerk The Chair called the meeting to order at 3:34 p.m. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA Moved by Helen Kogan Seconded by Catherine Couchman THAT the content of the agenda be approved. CARRIED MINUTES OF THE PREVIOUS MEETING 1. Accessibility Advisory Committee Minutes Number 06-06, August 21, 2006 Moved by Catherine Couchman Seconded by Helen Kogan THAT Accessibility Advisory Committee Minutes Number 06-06, as corrected, be approved. CARRIED —74— GENERAL COMMITTEE — OCTOBER 3, 2006 Accessibility Advisory Committee Record No. 06-07 Thursday, September 28, 2006 Nadine Raymond arrived at 3:35 p.m. MATTERS FOR CONSIDERATION 2. PL06-116 - Applications to Amend the Official Plan and Zoning By-law 2213-78, as amended Loblaw Properties Ltd. - 15900 Bayview Avenue Files D09-04-06 and D14-12-06 Moved by Catherine Couchman Page 2 of 4 Seconded by Nadine Raymond THAT Loblaw Properties Ltd., be requested to install four (4) additional handicapped parking spaces in front of the medical office entrance; and THAT accessibility doors be installed at the entrance of the medical offices. CARRIED 3. Discussion regarding a presentation to the Aurora Chamber of Commerce Moved by Nadine Raymond Seconded by Catherine Couchman THAT staff secure a sponsorship table at the November 15, 2006 Aurora Chamber of Commerce luncheon for the purpose of informing the members of the Chamber of Commerce of accessibility matters; and THAT Committee Members and Staff be authorized to attend. CARRIED 4. Handicapped Parking at the Aurora Family Leisure Complex The Director of Corporate Services provided the Committee with a proposal of relocating the handicapped parking spaces at the front of the Aurora Family Leisure Complex. Moved by Catherine Couchman Seconded by Helen Kogan THAT staff be authorized to proceed with the installation of handicapped parking spaces on the south side of the Aurora Family Leisure Complex between the two entrances, at an upset cost of $45,000 to be funded from the Accessibility Advisory Reserve Fund. CARRIED —75— GENERAL COMMITTEE — OCTOBER 3, 2006 Accessibility Advisory Committee Record No. 06-07 Page-3 of 4 Thursday, September 28, 2006 5. Ontario BIA Association Ontario Mainstreet Accessibility Awards 2006 Moved by Helen Kogan Seconded by Catherine Couchman THAT staff investigate potential funding opportunities with the Ministry of Social Services to assist with the development of an Aurora Accessibility Award Program. C• -I :TU I 6. Sue Mitchell of the Toronto Association of Business Improvement Areas Re: AccessibilitV Awards Nomination Deadline Extension Moved by Catherine Couchman Seconded by Helen Kogan THAT the correspondence from the Toronto Association of Business Improvement Areas regarding the Accessibility Awards Nomination Deadline Extension be received for information purposes. CARRIED OTHER BUSINESS BY MEMBERS Helen Kogan enquired about the status of installing accessibility ramps/boardwalks along Yonge Street. The Director of Corporate Services advised that the expertise of an engineering consultant would be required prior to any commencement of this type of project. The Chair thanked Bob Panizza, Karen Ewart, the Committee Members and Town Staff for their efforts and commitment to the Accessibility Advisory Committee and facilitating the progress of the Committee. The Committee was congratulated on the work they had completed and all were encouraged to apply to the next term of the Accessibility Advisory Committee. The Administrative Co-ordinator/Deputy Clerk advised the Committee that the Accessibility brochure will be distributed with the 2006 Winter Leisure Guide and extra copies will be available for promotional use such as the Aurora Chamber of Commerce luncheon. —76— GENERAL COMMITTEE - OCTOBER 3, 2006 Accessibility Advisory Committee Record No. 06-07 Rage 4 of 4 Thursday, September 28, 2006 The Director advised the Committee that the Town's Web Specialist will be reviewing various accessibility related websites for items to include on our website. The Committee will be kept updated on the status of the website. ADJOURNMENT Moved by Catherine Couchman THAT the meeting adjourn at 4:20 p.m. CARRIED -77- GENERAL COMMITTEE - OCTOBER 3, 2006 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. PL06-120 SUBJECT: Applications to Amend the Zoning By -Law and Draft Plan of Subdivision Brookvalley Developments (Aurora) Ltd. 14425 Bayview Avenue, Aurora Part of Lot 15, Concession 2, E.Y.S Files: D14-06-05 & D12-05-02A FROM: Sue Seibert, Director of Planning and Development Services DATE: October 3, 2006 RECOMMENDATIONS THAT the proposed plan of subdivision D12-05-02A Templeton Planning Limited dated March 7, 2005 and revised September 15, 2006 be draft approved by the Town of Aurora, subject to the Schedule of Conditions of Draft Approval attached as Appendix "A" being fulfilled prior to final approval; THAT 75 units of sewage and water capacity be allocated to the Brookvalley Developments (Aurora) Ltd. lands; and, THAT the Mayor and the Clerk be authorized to execute the 'No Pre -sales Agreement' with Brookvalley Developments (Aurora) Ltd. BACKGROUND Following the Public Planning Meeting held on June 28, 2006 regarding the subject applications and as per Council's direction at that time, staff brought a report back on September 19, 2006 to Council that reviewed all outstanding subdivision matters and addressed Council and residents concerns raised at the Public Planning Meeting with the subject applications. Council passed the following resolution at that meeting: "THAT report PL06-105 respecting files D14-06-05 and D12-05-2A (Brookvalley Developments) be received as information and staff be instructed to prepare conditions of draft approval." As per the above resolution, the purpose of this report is to bring forward the draft plan approval conditions for Council's approval. C" GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 - 2 - Proposal No. PL06-120 The subject applications for a Draft Plan of Subdivision and Zoning By -Law Amendment propose 75 single detached dwellings. Details of this proposal are as follows: • 75 single detached lots (with minimum lot widths of 20 metres (65 feet), minimum lot depths of 42 metres (138 feet) and minimum lot areas of 900m2 (9,678 ft2); • a 0.85 hectare (2.10 acre) stormwater management pond; • a 0.83 hectare (2.05 acre) park block; • a 1.52 hectare (3.76 acres) open space block; • access is proposed via a double lane ingress and egress from Vandorf Sideroad; and, • Density: 4.54 units per gross hectare (1.83 units per gross acre) The estimated population for this development is 225 persons (based on a calculation of 3 persons per dwelling unit). It should be noted that access to the proposed draft plan has been slightly revised (shifted further eastward along Vandorf Sideroad) to facilitate improved vehicular movements along Vandorf Sideroad. This revision is reflected on Figure 2 of this report and will be the final location of the access to the subject lands. No Pre Sales Agreement The agreement attached to this report has been reviewed by the Town Solicitor as acceptable and has been signed by Brookvalley Developments (Aurora) Limited with an accompanying letter of credit. OPTIONS Council has the option of approving the subject proposal, endorsing the conditions of draft approval. as attached, authorizing the Director of Planning and Development Services to issue draft approval of the proposed draft plan of subdivision and directing staff to prepare the implementing zoning by-law. Council may also, if necessary, direct Staff to make any changes to the Schedule of Draft Plan Conditions that are deemed appropriate. Council also has the option of refusing the applications. HERITAGE IMPACT Specific Conditions of Draft Approval have been included in the Schedule of Draft Plan Approval Conditions respecting the preservation of the heritage building within this plan of subdivision. —79— GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 -3- Report No. PL06-120 SERVICING ALLOCATION Council has an approved servicing allocation policy and matrix, listing applications suitable for allocation of services (The matrix is updated quarterly with the approved version being dated September 19, 2006). The Brookvalley Developments application is ranked as third priority for allocation among all active applications. Brookvalley Developments is requesting allocation of 75 units and all these units are available for allocation in accordance with the approved policy and matrix. However, all of the 75 units will require additional draft approval conditions restricting building permit issuance and pre -sales until the Region has indicating in writing that the infrastructure has progressed to a point to allow for the removal of these restrictions. As per the recommendations section of this report, the total allocation being recommended by staff is 75 units with draft plan conditions containing restrictions on all of these units. PROVINCIAL POLICY STATEMENT The subject proposal is consistent with the policies of the Provincial Policy Statement FINANCIAL IMPLICATIONS Development charges and other associated development fees will be generated as a result of the subject development proposal. LINK TO STRATEGIC PLAN The Strategic Plan contains objectives to 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. The subject applications will facilitate this objective through the creation of this new residential neighbourhood. CONCLUSION The subject proposal to permit the subject lands to be developed for a Draft Plan of Subdivision subject lands is considered appropriate from a land use planning perspective. The proposal conforms to the Town's Official Plan polices, Strategic Plan policies and the provisions of the Provincial Policy Statement. The issues and concerns raised by area residents have been addressed and there are no outstanding issues with regard to the subject applications. Based on the aforementioned, staff recommends Council draft approve the subject plan of subdivision subject to the conditions contained within the Schedule of Conditions of Draft Approval attached as Appendix 'A' to this report. :M GENERAL COMMITTEE — OCTOBER 3, 2006 October 3, 2006 - 4 - Report No. PL06-120 PRE -SUBMISSION REVIEW The subject application was reviewed at the Management Team Meeting of September 26, 2006 ATTACHMENTS Figure 1 - Location Plan Figure 2 —Proposed Draft Plan of Subdivision Appendix "A": Schedule of Draft Plan Approval Conditions Appendix "B": No Pre Sales Agreement Prepared by: Deborah Giannetta, M.Sc. Pl., Planner Extension 4347 - S �eib , M.C.I.P., R.P.P. John S. Rogers, 'lector e� Planning and Development Services C.A.O. fp/I W c C9 �° LL a C m ❑ y m o Na LL W O N N LL o N � z � o N N.E.P•�• N (i M•:.i.j,,. @ :i;,j;::;i:;. ::i;.,.�:;S'r�\: �?.{cr:'i':fi(is:it":'r:}i•;'.',:'}rr;%.`iiit. c LU ::: i:i%:'i,'1 ii'>f; k ;:'•i f• •... �iiff'a: LLI `scu' .'..' 311N3 a. ❑ �bM31i1,1b8 0 a a j z o Q Sol w � 6 IAU2 o� LL 1 Z _j' a a Q a. J 9W a. 1 a 0caz z p m�a F- zva 0 oJwW Jaua 2866 N _ � E Frrri���j LL 4 0 I I � I I I I I Q 1 E I I v I I w 9 I,i� � I (,/.1�....I i �..". � I (I. I Il(/1/p.�(-a �. �+ !� a �. � �` w •` � o . � �'l I �Xh.�•/( � I O :, .p�Q r:= x., •_ -fu„�� f 'n p N �� n F a� � Y � N✓ / l i- m� i N n A1n -( � F• Fi i l k En I I � o w' N K ✓ Fp. �II rN�.�1� ���' 1'4Y xx� � I.l ^A4xu ♦ "j\ �'�`�� '�. .%/ � &�-�% U n�LU —mom—_' `•`' �-., / W im LLJ eX U0, gal z > �. I'�" i I I I Q O od Z 0 in If I _—J 11000 NtlWNNOW I I I I �� I I I LL m 1N3093N0 31711N96 1 Q F- �' II I p l I I I LL Q Q �V awW GENERAL COMMITTEE OCTOBER 3, 2006 APPENDIX A THE CORPORATION OF THE TOWN OF AURORA CONDITIONS OF DRAFT PLAN APPROVAL, D12-05-2A Brookvalley Developments (AURORA) Ltd. Part of Lot 15, Concession 2, E.Y.S Draft Approval Date: October 10, 2006 1. Approval shall relate to Draft Plan of Subdivision D12-05-2A prepared by Templeton Planning Limited dated March 7, 2005 and revised September 15, 2006. 2. The Owner shall, prior to final approval, enter into a Subdivision Agreement with the Town of Aurora agreeing to satisfy all conditions, financial and otherwise of the Town. The Subdivision Agreement will be registered against the lands to which it applies, as provided for in the Planning Act, at the expense of the Owner. Official Plan/ Zoning 3. The Owner shall agree that the lands within this Draft Plan of Subdivision shall be appropriately zoned by a Zoning By-law that has come into effect in accordance with the provisions of the Planning Act.. The Holding provisions of Section 36 of the Planning Act may be used in conjunction with any zone category to be applied to the subject lands in order to ensure that development does not occur until such time as the Holding "H" symbol is removed in accordance with the provisions of the Planning Act. The Zoning By-law Amendment shall specify the terms under which Council may consider the removal of the Holding "H" symbol, in accordance with Official Plan policy. Said terms may include, in wording suitable to the Town: a) Confirmation that there is adequate water, sanitary, storm and/or transportation services and facilities available to accommodate the draft plan of subdivision or any phase thereof; b) That all required agreements have been executed between the Owner and the Town of Aurora and can be registered on title; c) That all necessary approvals have been received from all other relevant agencies and/or government bodies; and, d) Compliance with the relevant policies of the Bayview Southeast Secondary Plan (OPA No. 20). 4. All residentially zoned lands shall be placed under a holding 'H' symbol pursuant to the provisions of Section 36 of the Ontario Planning Act, which shall prohibit sm GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 the development of the lands until the 'H' symbol has been lifted. The conditions for lifting the 'H' symbol shall include the following: a) York Region advises in writing that it is no earlier than six (6) months prior to the expected completion of the 16th Avenue Phase 2 Trunk Sewer, the 19th Avenue Interceptor Trunk Sewer, the Lower Leslie Street Trunk Sewer, the Aurora/Newmarket Feedermain, the Newmarket EQ Tank, the Aurora EQ Tank; or, b) the Town of Aurora approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure; or, c) the Regional Commissioner of Transportation and Works confirms servicing allocation for this development by a suitable alternative method. Phasing 5. The registration of the proposed plan of subdivision may occur in phases, as approved by the Town of Aurora. Utilities 6. The Owner shall agree in the Subdivision Agreement to prepare and submit an overall utility distribution plan showing the location (shared or otherwise) and installation, timing and phasing of all required utilities (on -grade, below -grade or above -grade, including on -site drainage facilities and streetscaping) - such location plan shall be to the satisfaction of the Town of Aurora, having considered the requirements of those utility providers (including natural gas, hydro, and telecommunications service providers) that will conduct works within the subdivision. Further, the plan shall consider the respective standards and specification manuals, where applicable, of the utility providers. 7. Easements as maybe required for utility or drainage purposes shall be granted to the appropriate authority. 8. Natural gas, telecommunication service providers and cable television services, including other street hardware, where possible, shall be constructed underground within the road allowances or other appropriate easements to the satisfaction of the Town of Aurora. 9. The Owner shall agree in the Subdivision Agreement to grant access, on reasonable terms and conditions, to any telecommunications service providers indicating an interest to locate within a municipal right-of-way. 10. The Owner shall agree in the Subdivision Agreement to advise any telecommunications service provider intending to locate within a municipal right- of-way, of the requirement to enter into a Municipal Access Agreement with the -2- -85— GENERAL COMMITTEE - OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01.5A Conditions of Draft Approval October 10, 2006 Town of Aurora, and to satisfy all conditions, financial and otherwise of the Town of Aurora. 11. The Owner agrees in the Subdivision Agreement to meet the requirements of the Canada Post Corporation as to the provision of community mailboxes and pads to accommodate mail service. The Owner shall consult with Canada Post Corporation to determine suitable locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans. The Owner agrees, prior to offering any of the residential units for sale, to place a "Display Map" on the wall of the sales office in a place readily available to the public which indicates the location of all Canada Post Community Mailbox site locations, as approved by Canada Post and the Town of Aurora. The Owner agrees to include in all offers of purchase and sale a statement which advises the prospective purchaser that mail delivery will be from a designated Community Mailbox and to include the exact locations with the list of lot numbers of each of these Community Mailbox locations. 12. The Owner shall covenant and agree in the Subdivision Agreement to facilitate the construction of Canada Post facilities at locations and in manners agreeable to the Town of Aurora in consultation with Canada Post, and to the satisfaction of the Town's Director of Public Works. 13. The Owner shall agree in the Subdivision Agreement that hydro electric service for the lands within this Draft Plan of Subdivision shall be constructed to the satisfaction of Powerstream Inc. or its successor. Parkland, Open Spaces, Buffers and Walkways 14, The Owner shall agree in the Subdivision Agreement to convey the maximum parkland entitlement to the Town of Aurora, at no cost and free of all encumbrances, to satisfy the provisions of the Planning Act and the Town of Aurora By-law 4291-015, as amended, or any successor thereto and applicable policies. The lands to be conveyed in this regard is Block 77. 15. The Owner shall agree in the Subdivision Agreement to convey Blocks 78, 79, 80 and 81 to the Town, free of all encumbrances and at no cost to Town, for the purposes of open space, open space buffers and a walkway. Conveyances of the said Blocks are not subject to the parkland dedication calculation pursuant to the Town of Aurora's cash -in -lieu of parkland policy By-law 4291-01.F, as amended or any successor thereto and applicable policies.. 16. The Owner shall agree in the Subdivision Agreement to design and install all necessary utilities and services required by the Town to parkland Block 77. Such services and utilities shall include sufficient water, sanitary and storm sewers, electrical service, installed in accordance with the applicable standards of the -3- -86- GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 Town and applicable agencies, -to the satisfaction of the Director of Leisure Services. 17. The Owner shall agree in the Subdivision Agreement to provide design plans and implement on -site grading and restoration works associated with parkland Block 77. Design plans shall include existing and proposed grades coordinated with the Town's functional requirements for the lands, and the locations of all proposed services and utilities. Restoration shall include grading, topsoil placement, stabilization and seeding to establish a greensward on the Block. The Owner shall further agree to install temporary paige wire fencing around Block 77 and shall maintain said Block during the course of development to the satisfaction of the Director of Leisure Services. 18. The Owner shall agree in the Subdivision Agreement not to use parkland and open space lands for the storage of topsoil or fill materials without prior written approval of the Director of Leisure Services. 19. The Owner shall install 1.2 metre black vinyl chain link fencing along the municipal side of lot lines for Lots and Blocks abutting designated Parklands, Open Space lands and storm water management facilities, in accordance with Town standards, to the satisfaction of the Director of Leisure Services and the Director of Public Works. 20. The Owner shall agree in the Subdivision Agreement to include a clause within all Offers of Purchase and Sale Agreements with prospective purchasers of Lots and/or Blocks adjacent to Parklands, open space lands, walkways, and storm water management facilities, in a manner satisfactory to the Director of Leisure Services, advising that fence gates and/or other means of access will not be permitted to access these areas from residential properties. 21. The Owner shall agree in the Subdivision Agreement to include a clause within all Offers of Purchase and Sale Agreements with prospective purchasers of lots or blocks adjacent to a public walkway (Block 81) or parkland (Block 77), advising of the potential for exposure to night lighting, pedestrian traffic, and noise that may occur in the walkway from time to time, to the satisfaction of the Director of Leisure Services. Vegetation Preservation and Restoration 22. The Owner shall agree in the Subdivision Agreement to provide and implement a Vegetation Preservation and Restoration Plan to the satisfaction of the Director of Leisure Services. The Plan shall include a comprehensive vegetation inventory, an at grade impact assessment for existing vegetation, tree transplanting where feasible, vegetation removals, all preservation measures, compensation and rehabilitation plantings for trees removed, and all maintenance requirements. -4- -87— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 23. The Owner shall agree in the Subdivision Agreement not to remove any trees on any Lots and/or Blocks within the plan of subdivision, without the prior written approval of the Director of Leisure Services. 24. The Owner shall agree in the Subdivision Agreement to construct temporary protection fencing for all vegetation and natural areas to be preserved, in accordance with the Vegetation Preservation and Restoration Plan. Protection fencing to Town standards shall be installed prior to the commencement of any demolition, topsoil removal, grading or construction activities on the lands and shall be maintained in good condition for the duration of the development on the lands. 25. The Owner shall agree in the Subdivision Agreement that, prior to the initiation of any grading and/or construction works on the site, the Owner shall construct temporary protection paige wire fencing including silt fencing along the perimeter of the grading limit bordering Open Space Block 78 and Open Space Buffer Blocks 79 and 80. The protection fencing shall be maintained in good condition for duration of development construction. The Owner shall further agree not to change grades or otherwise disturb or encroach upon buffer and open space areas delineated by protection fencing, all to the satisfaction of the Director of Leisure Services. Landscaping 26. The Owner shall agree in the Subdivision Agreement to provide design plans and implement landscape works on -site for a high quality and quantity of landscape buffer plantings along the rear portions of those lots and blocks abutting Bayview Avenue and Vandorf Sideroad, in accordance with the urban design policies of the Town of Aurora Official Plan Amendment No. 20 and to the satisfaction of the Director of Leisure Services. 27. The Owner shall agree in the Subdivision Agreement to provide design plans and implement landscape works on -site for the installation of street tree plantings on all road allowances within the draft plan, and on the abutting road allowances, in accordance with Town standards and to the satisfaction of the Director of Leisure Services. As an alternative, the Town may consider through the aforementioned subdivision agreement, accepting cash -in -lieu of the value of street tree plantings, in accordance with the approved landscape plans, to the satisfaction of the Director of Leisure Services. 28. The Owner shall agree in the Subdivision Agreement to provide design plans and implement landscape works on -site for all proposed fencing, landscape structures, centre median landscaping, subdivision entry features, buffer plantings, or any other landscape features required by urban design guidelines, to the satisfaction of the Director of Leisure Services. -5- :: GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 29. The Owner shall agree in the Subdivision Agreement to provide consistent and continuous 300mm depth topsoil for all areas associated with tree shrub plantings within the Draft Plan, to the satisfaction of the. Director of Leisure Services. These areas shall include all boulevards designated for street tree plantings, entry features plantings, buffer plantings, parklands and stormwater facilities. 30. The Owner shall agree in the Subdivision Agreement to perform topsoil testing by an approved agency for all topsoil sources to be utilized within the Plan. The Owner shall further agree to implement fertilizers and soil amendments in accordance with topsoil test recommendations, to the satisfaction of the Director of Leisure Services. 31. The Owner shall agree in the Subdivision Agreement to provide a one-time financial contribution for the purposes of supplementing the Town's on -going annual maintenance costs for landscape works on municipal lands including entry feature landscaping, median plantings, landscape buffers or any other municipal landscaping required by approved urban design guidelines. The amount of the contribution shall be based on twenty-five percent (25%) of the capital costs of the landscape plantings, to the satisfaction of the Director of Leisure Services. 32. The Owner shall agree in the subdivision agreement to distribute to each future resident within the plan of subdivision, a copy of the Town of Aurora Street Tree Information Brochure. The Owner will obtain the Brochures from the Town of Aurora Department of Leisure Services, at no cost to the Owner. 33. The Owner shall agree in the Subdivision Agreement to include within all Offers of Purchase and Sale Agreements with prospective purchasers of Lots within the Plan, a notice clearly setting out the details of any fencing that is to be installed on the Lot or Block being purchased. Further, the notice shall clearly identify specifications relating to fencing location, colour, materials, height and other design details; and shall clearly indicate that fence specifications are in accordance with the urban design guidelines and shall not be altered; and timing of the installation of the fencing. The Owner further agrees that the Director of Leisure Services and the Director of Planning shall approve the wording of such notice and any schedules relating thereto. Further, that the Owner shall agree in the Subdivision Agreement that any fencing that is required by the Town and/or Region shall be included in the purchase price of the house and, Lot or Block. The Owner shall be required to demonstrate compliance with this condition for any sales that occur prior to the execution of the Subdivision Agreement. -6- -89— GENERAL COMMITTEE - OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-6A Conditions of Draft Approval October 10, 2006 Stormwater Management 33. The Owner shall agree in the Subdivision Agreement to convey Block 76 for stormwater management purposes to the Town of Aurora at no cost and free of all encumbrances other than servicing easements. 34. The Owner shall submit a detailed Stormwater Management Report to the satisfaction of the Director of Public Works and the Director of Planning and Development Services to substantiate that the development lands meet the current stormwater quantity and quality requirements in accordance with the latest Ministry of Environment guidelines. Said Report shall include a recommended protocol for the future maintenance of the facilities. Further said report shall demonstrate conformity to the Oak Ridges Moraine Conservation Plan. 35. The Owner shall agree in the Subdivision Agreement that, concurrent with commencement of any above/below ground construction, all required stormwater control facilities, and siltation controls shall be constructed. Further, the Owner agrees that all stormwater management facilities shall be fully functional and stabilized, include finish grading, 300mm depth topsoil, ground cover, slope stabilization, naturalization plantings and fringe aquatic vegetation, concurrent with the completion of any other aspect of the servicing works. The said works shall be to the satisfaction of the Director of Public Works and the Director of Leisure Services. 36. Prior to undertaking any grading on the site, and in connection with the Topsoil Removal Permit referenced in Condition 41 the Owner shall submit and agree to implement a report, to the satisfaction of the Lake Simcoe Region Conservation Authority and the Town of Aurora, which details the means by which erosion and siltation and their effects will be minimized and contained on the site, both during and after the construction period. 37. The Owner shall agree in the Subdivision Agreement to provide landscape design plans and implement landscape works on -site for all stormwater management facilities in accordance with the latest MOE Stormwater Management Practices Planning and Design Manual and in accordance with Town standards. Landscape Works shall include the installation of submergent and emergent aquatic vegetation, placement of topsoil, drill seeding or terra seeding of ground cover vegetation, and extensive tree and shrub naturalization of the pond slopes and top of bank areas, to the satisfaction of the Director of Leisure Services. 38. The Owner shall agree in the Subdivision Agreement to include a clause in all offers of Purchase and Sale Agreements with prospective purchasers for all Lots and/or Blocks abutting the stormwater detention pond, advising of the function of -7- GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-6A Conditions of Draft Approval October 10, 2006 these areas and that natural vegetation will be maintained on the site to contribute to their function, to the satisfaction of the Director of Public Works. Site Servicing Engineering Plans/Construction 39. Final approval shall be contingent upon receipt of letters of approval from all other affected agencies (MOE, MNR, LSRCA etc..) 40. The Owner shall agree in the Subdivision Agreement that, prior to final design approval of each phase of the development, the Owner shall provide .for the review and approval of the Director of Public Works, a thorough capacity study of the Town's water distribution system in this area in order to determine that the proposed development can be adequately serviced. 41. The Owner shall agree in the Subdivision Agreement to prepare engineering design drawings for the layout and construction of services (i.e. water, storm and sanitary) for the lands subject to the entire draft plan of subdivision to the satisfaction of the Director of Public Works. Such plans shall be designed and scaled as described in the latest Town of Aurora Design Criteria Manual. 42. The Owner shall provide engineering fees to the Public Works Department at the time of application for review of engineering drawings for the construction of services within the development, said fees to be 1 % of the estimated cost of servicing works as estimated by the consultant for the project. An additional fee to a total of 4% of the estimated cost of works is to be provided prior to final approval of the subdivision agreement. Topsoil/Grading 43. The Owner shall agree that, prior to any construction activity or the removal of any topsoil on the site, the Owner shall apply for and receive a Topsoil Removal Permit from the Department of Public Works. Documentation submitted with this application shall include the proposed phasing of grading, the storage of topsoil, and approval from the Director of Leisure Services with respect to tree protection fencing. 44. The Owner shall agree in the Subdivision Agreement prior to final approval of any phase or any grading elsewhere within the plan, to prepare a detailed Lot Grading and Erosion Control Plan to be approved by the Town of Aurora and Lake Simcoe Region Conservation Authority that shall include proposed methods for: a) Erosion and sediment control prior to and during construction including the -8- -91— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvaliey Developments (Aurora) Ltd., D12-01.5A Conditions of Draft Approval October 10, 2006 extent of grading/filling, the location of spoil pile storage and the location and nature of sediment control works; b) Progressive stripping and grading to ensure minimum duration of exposed soil areas to the extent practical; 45. The Owner shall agree in the Subdivision Agreement that vacant blocks shall be graded and fully stabilized within 6 months of commencement of works. 46. The Owner shall agree in the Subdivision Agreement that all Lots and/or Blocks within the plan to be left vacant for longer than six months, and all portions of public highways that are not paved, together with all drainage swales, shall be graded, seeded and/or sodded, and maintained to the satisfaction of the Director of Public Works. Transportation 47. Prior to final approval, the Owner shall, submit Internal and External Traffic Studies for review and approval by the Director of Public Works and the Region of York. The Owner shall further agree in the Subdivision Agreement that all road work and construction shall be in accordance with the approved Internal Traffic Study, which shall include works relating to road cross -sections, parking controls, bike ways, pavement markings, traffic signage including bicycle route signage and other requirements as set out in the said study. 48. The Owner shall agree in the Subdivision Agreement to design and install all traffic control devices (including temporary pavement markings) as specified in the approved Internal Traffic Study prior to the occupancy of any dwelling unit, to the satisfaction of the Director of Public Works. 49, The Owner shall agree in the Subdivision Agreement that all road allowances and walkways (Block 81) included within this Plan of Subdivision shall be dedicated as public highways and shall be deeded to the Town of Aurora at no cost and free of all encumbrances, to the satisfaction of the Town Solicitor. 50. The Owner shall agree in the Subdivision Agreement that the road allowances included within this Plan of Subdivision shall be named to the satisfaction of the Regional Planning and Development Services Department and the Director of Planning Department and in accordance with the Town of Aurora's Street Naming Policy. 51. The Owner shall, prior to final approval, ensure that all dead ends, open sides of road allowances, and open space Blocks, together with other exterior side yard flankages of the Lots or Blocks as specified below, within this Plan of Subdivision shall be terminated in 0.3 metre reserves to be conveyed to the Town of Aurora at no cost and free of all encumbrances, to be held by the Town of Aurora until required for future road allowances, or for the development of adjacent lands, or -9- -92— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01.6A Conditions of Draft Approval October 10, 2006 to prohibit access at certain locations, all to the satisfaction of the Director of Public Works. 52. The Owner shall agree in the Subdivision Agreement that the design and construction and removal of any interim servicing connections and emergency road access shall be to the satisfaction of the Director of Public Works and the Region of York. 53. Prior to final approval, the Owner shall demonstrate to the satisfaction of the Director of Public Works that the Town's parking standards and parking policies, as adopted by Council on November 10, 1999 have been complied with. Further, the Owner shall agree in the Subdivision Agreement to insert a warning clause in all Offers of Purchase and Sale Agreements with prospective purchasers advising of the possible implementation of parking restrictions, if deemed necessary by the Town. 54. Prior to final approval, the Owner shall submit a Pedestrian Movement Plan/Report containing and consistent with the principles and guidelines outlined in Official Plan Amendment 20 (Bayview Southeast Secondary Plan) to the satisfaction of the Director of Public Works and Director of Leisure Services. Noise 55. The Owner shall, prior to final approval, engage the services of a consultant to complete a Noise Study which assesses projected nuisances caused by noise or vibration within the development, especially for properties in proximity to, Bayview Avenue and Vandorf Sideroad. The Study shall demonstrate how noise levels can be made to be acceptable in accordance with current Provincial standards and Town of Aurora policies, and address the long-term functionality and maintenance of any recommended mitigation measures, which are deemed appropriate and acceptable to the Town. The Owner shall further agree in the Subdivision Agreement to implement the recommendations and measures of the approved Noise Study. The recommendations of the aforementioned Noise Study shall address to the satisfaction of the Town, the 55dBA limit on all Lots and/or Blocks. All attenuation measures and mitigating measures proposed for acoustical purposes shall be approved by the Director of Public Works, the Director of Leisure Services, and the Director of Building Administration and the Regional Transportation and Works Department. 56. The Owner shall agree in the Subdivision Agreement to insert the following warning clause within all Offers of Purchase and Sale Agreements for prospective purchasers of Lots identified by the Noise Study: "PURCHASERS ARE ADVISED THAT, DESPITE THE INCLUSION OF NOISE ATTENUATION FEATURES WITHIN THE DEVELOPMENT -10- -93— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 AREA AND WITHIN THE INDIVIDUAL BUILDING UNITS, NOISE LEVELS WILL CONTINUE TO INCREASE, OCCASIONALLY INTERFERING WITH SOME ACTIVITIES OF THE BUILDING'S OCCUPANTS." Building Administration 57. Prior to final approval, the Owner shall submit a schedule certified by an Ontario Land Surveyor indicating the areas and frontages of the Lots and Blocks within the plan, to the satisfaction of the Director of Building Administration. 58. The Owner shall agree that minor modifications to the plan of subdivision may be necessary to ensure compliance with the implementing Zoning By-law and the Town's engineering standards, which may result in the loss of lots. 59. The Owner shall agree that no building permits shall be issued for any lot or block or part thereof, until such time as the Director of Public Works has advised the Director of Building Administration in writing that adequate internal and external road access up to and including base coarse asphalt, municipal water supply including fire hydrants, anti -tampering devices, sanitary sewers, and storm sewers are available to service such lots and blocks and the grading and drainage control plan has been submitted and reviewed. 60. Prior to final approval, the Owner shall submit a geotechnical report for review and approval by the Town of Aurora, which deals with the relative elevations of foundations and footings, the requirements for engineered fill based on existing subsurface conditions, and the requirements for road and municipal services construction, to the satisfaction of the Director of Building Administration and Director of Public Works. Urban Design and Heritage 61. Prior to final approval, the Owner shall submit Architectural and Urban Design Guidelines containing and consistent with the urban design principles and guidelines outlined in Official Plan Amendment 20 (Bayview Southeast Secondary Plan) to the satisfaction of the Director of Planning and Development Services. Said Guidelines shall be prepared by a qualified urban design consultant to the satisfaction of the Director of Planning and Development Services. 62. The Owner agrees to implement the recommendations and measures contained within the approved Architectural and Urban Design Guidelines. Design and construction of all residential dwelling units, walkways, landscaping and all other elements within the Plan. Strict compliance with the approved Architectural and -11- -94— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-6A Conditions of Draft Approval October 10, 2006 Urban Design Guidelines shall be undertaken unless otherwise approved by the Director of Planning and Development Services. 63. Prior to final approval, or any phase thereof, the Owner shall carry out a cultural heritage resource assessment for the lands within the draft plan to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Director of Planning and Development and the Ministry of Culture. No demolition, grading, filling or any form of soil disturbances shall take place on the lands within the draft plan prior to the issuance of a letter from the Ministry of Culture and Recreation to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements. 64. The Owner shall agree in the subdivision agreement to implement any measures recommended by the heritage resource assessment, to the satisfaction of the Town and the Ministry of Culture. 65. The Owner shall agree in the subdivision agreement to retain the Allan Brown House (Heritage House) that is presently located within the road allowance for Street B, and which will be relocated to an appropriate lot within the plan of subdivision, to be determined in consultation with the Director of Planning and Development Services. 66. The Owner shall agree in the subdivision agreement to protect the heritage building through the following means: a) to support the designation of the Heritage House under Part IV of the Ontario Heritage Act prior to the release of the plan of subdivision or any component of the plan for registration; b) to provide a $10,000 Letter of Credit to ensure the preservation of the existing Heritage House. The letter of credit shall be retained for use by the Town and shall not be released until the construction and grading on the subject lands and adjacent lots, and roadshas been completed to the satisfaction of the Director of Planning and Development Services, the building has been connected to municipal services and the building is restored to meet the acceptable standards of residential occupancy. c) to maintain the Heritage House in good and sound condition at all times prior to and during the development of the property; d) to secure the services of a qualified building mover, experienced in . successfully moving historical buildings to relocate the dwelling to an appropriate lot within the plan of subdivision, to be determined in consultation with the Director of Planning and Development Services. e) to secure and protect the Heritage House from damage through procedures carried out according to the Town of Aurora Guidelines for the Boarding of Heritage Structures; -12- -95- GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 f) to erect a "No Trespassing" sign in a visible location on both the present property location of the Heritage House and the property relocation for the Heritage House indicating that the Heritage House is, to be preserved onsite and should not be vandalized and/or scavenged, 67. The Owner shall agree in the subdivision agreement to preserve the Heritage House through the following means which shall be embodied in a Heritage Easement Agreement with the Town and which is to be executed by the Owner prior to execution of the Subdivision Agreement: a) to provide details of the site plan such as driveway, grading, connections to municipal services, and detailed elevations outlining the proposed restoration and any additions and alterations to be carried out on the dwelling prior to the release of the plan of subdivision or any component of the plan for registration. Details of the proposed garage or any other outbuilding, including elevations are also to be provided; b) to provide and implement a traditional restoration plan for the Heritage House for review and approval by the Director of Planning and Development Services and the restoration plan is to be included in the site plan agreement; c) to complete the exterior restoration of the Heritage House and restore the house to acceptable standards of occupancy as determined by the Director of Planning and Development Services within one year of registration of the plan of subdivision; d) to use best efforts to ensure that the architectural design and elevations of dwelling proposed for the adjacent lots are compatible with the restored heritage dwelling. 68. The Owner shall agree in the subdivision agreement to provide notice of the Heritage House through the following means: a) to provide and install at its cost, an interpretative bronze plaque, in a publicly visible location on the property outlining the history and architecture of the subject property. Details of the design and location of the plaque are to be submitted for review and approval of the Town; b) to include the following notice in each Offer of Purchase and Sale for the Heritage House on the final lot within the plan of subdivision to which it is to be relocated, as determined in consultation with the Director of Planning and Development Services: "PURCHASERS ARE ADVISED THAT THE EXISTING BUILDING ON THIS PROPERTY IS DESIGNATED PURSUANT TO THE ONTARIO HERITAGE ACT. ANY PROPOSED ADDITIONS OR ALTERATIONS TO THE EXTERIOR OF THE EXISTING BUILDING SHALL BE SUBJECT TO REVIEW AND APPROVAL OF PLANS BY THE TOWN." -13- GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-6A Conditions of Draft Approval October 10, 2006 Miscellaneous 69. The Owner shall, prior to final approval and if required by the Town of Aurora, enter into a front -ending agreement with the Town, in accordance with the provisions of the Development Charges Act, which will set out any required external services to be installed by the Owner and the means by which credits will be given to the Owner. 70. The Owner shall agree in the Subdivision Agreement that, prior to the issuance of building permits for sales trailers for the purposes of marketing residential units on the site, the Owner shall submit and obtain the written approval from the Director of Planning and Development Services with respect to the location of sales trailers and with respect.to the display plans and other information to be used for sales and/or marketing purposes. Such information shall include the following: a) The latest version of the approved draft plan or registered plan, including phasing; b) A plan showing the entire Bayview South-east Community including all sidewalks and walkways, community mail boxes, parks by type (including all recreational facilities to be provided), schools, churches, open space areas, environmental protection areas, stormwater management ponds, landscaping, entranceway features, noise attenuation measures (both internal and external to the dwelling unit), erosion control facilities, buffer areas, watercourses, surrounding land uses; and, c) A copy of the approved zoning by-law for the lands, together with the Subdivision Agreement (when approved by the Town of Aurora). Further, the Owner shall agree to keep all of the above materials up-to-date, to reflect the most current approvals, and/or submissions regarding the plan, and/or engineering design drawings, and other such matters as may be required by the Director of Planning and Development Services and the Director of Building Administration. 71. The Owner shall, prior to final approval, demonstrate compliance with the "Town of Aurora's Interim Policy and Procedures Contaminated Sites" as approved by Council on July 23, 1998. Further, the Owner shall agree in the Subdivision Agreement to undertake any studies, remedial work, restorative work and/or any other actions required as a result of the implementation of the Town's contamination policy, prior to Plan Registration and the conveyance of the any lands to the Town. 72. The Owner shall agree in the subdivision that no grading or other soil disturbances shall take place on the subject property prior to the Ministry of -14- -97— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12.01-5A Conditions of Draft Approval October 10, 2006 Culture and Recreation confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 73. The Owner shall agree in the Subdivision Agreement to erect and maintain signs on any vacant land within the Plan indicating the designated or proposed use of all Lots and/or Blocks (including temporary turning circles), other than those Lots designated for residential purposes. 74. The Owner shall agree in the Subdivision Agreement to insert the following warning clause within all Offers of Purchase and Sale Agreements for prospective purchasers the following with respect to the adjacent Hydro Lands: "PURCHASERS ARE ADVISED THAT THERE IS AN EXISTING HYDRO CORRIDOR IN CLOSE PROXIMITY TO THIS DEVELOPMENT, THERE IS THE POSSIBILITY THAT CHANGES TO THIS HYDRO CORRIDOR MAY OCCUR IN THE FUTURE. SUCH CHANGES COULD INCLUDE, AMONGST OTHERS, AN INCREASE IN THE VOLTAGE PROVIDED BY THE EXISTING POWER LINES AND A POSSIBLE INCREASE IN THE SIZE OF THE HYDRO TOWERS CONTAINED WITHIN THE HYDRO CORRIDOR." 75. The Owner shall agree in the Subdivision Agreement to insert the following warning clause within all Offers of Purchase and Sale Agreements for prospective purchasers the following with respect to the proximity of the old Landfill Site to the south of the subdivision lands: "PURCHASERS ARE ADVISED THAT A CLOSED LANDFILL SITE IS LOCATED TO THE SOUTH OF THIS PLAN OF SUBDIVISION. IT IS CURRENTLY REGULATED AND MONITORED BY THE MINISTRY OF ENVIRONMENT." External Agencies Conditions Regional Municipality of York 76. Registration of the plan of subdivision shall occur in phases based on the availability of water supply and sewage servicing allocation. 77. Prior to registration, York Region shall confirm that adequate water supply and sewage servicing capacity are available and have been allocated by the Town of Aurora for the development proposed within this draft plan of subdivision or any phase thereof. 78. Prior to registration, the following shall occur: -15- GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 a) York Region has advised in writing that it is no earlier than six (6) months prior to the expected completion of the 161h Avenue Phase 2 Trunk Sewer, the 19th Avenue Interceptor Trunk Sewer, the Lower Leslie Street Trunk Sewer, the Aurora/Newmarket Feedermain, the Newmarket EQ Tank, the Aurora EQ Tank; or, b) the Town of Aurora approves a transfer of servicing allocation to this development that is not dependent upon the completion of infrastructure; or, c) the Regional Commissioner of Transportation and Works confirms servicing allocation for this development by a suitable alternative method. 79. The Owner shall agree in the subdivision agreement that the Owner shall save harmless the Town and York Region from any claim or action as a result of water or sanitary sewer service not being available when anticipated. 80. The Owner shall agree in the subdivision agreement that occupancy permits for any residential dwelling units within the Plan shall not be applied for and the Owner shall acknowledge in the subdivision agreement that the Town of Aurora will not issue occupancy permits until such time as: b) York Region has advised in writing that the following pieces of infrastructure are completed and fully operational: 16th Avenue Phase 2 Trunk Sewer, the 19th Avenue Interceptor Trunk Sewer, the Lower Leslie Street Trunk Sewer, the Aurora/Newmarket Feedermain, the Newmarket EQ Tank, the Aurora EQ Tank; or, c) the Town of Aurora approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure; or, d) the Regional Commissioner of Transportation and Works confirms some other way for this development to receive servicing allocation. 81. The Owner shall have prepared, by a qualified professional transportation consultant, a functional transportation report/plan outlining the required York Region road improvements for this subdivision. The report/plan, submitted to the York Region Transportation and Works Department for review and approval, shall explain all transportation issues and shall recommend mitigative measures for these issues. 82. The Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, to implement the recommendations of the functional transportation report/plan as approved by the York Region Transportation and Works Department. 83. The Owner shall submit detailed engineering drawings to the York Region Transportation and Works Department for review and approval, which incorporate the recommendations of the functional transportation report/plan as approved by the York Region Transportation and Works Department. -16- 40 GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 Additionally, the engineering drawings shall include the subdivision storm drainage system, erosion and siltation control plans, site grading and servicing, plan and profile drawings for the proposed intersections, construction access and mud mat design, utility and underground servicing location plans, pavement markings, electrical drawings for intersection signalization and illumination design, traffic control/construction staging plans and landscape plans. 84. The Owner shall provide drawings for the proposed servicing of the site to be reviewed by the Town of Aurora Public Works Department. Three (3) sets of engineering drawings (stamped and signed by a professional engineer), and MOE forms together with any supporting information, shall be submitted to the York Region Transportation and Works Department, Attention: Mrs. Eva Pulnicki, P.Eng. 85. The location and design of the construction access for the subdivision work shall be completed to the satisfaction of the York Region Transportation and Works Department and illustrated on the Engineering Drawings. 86. Direct vehicular access to Bayview Avenue for Lots 6-13 and Vandorf Side Road for Lots 1-6 including Block 76 will not be permitted. Access must be obtained through the internal road network. 87. Any existing driveway(s) along York Region road frontage of this subdivision must be removed as part of the subdivision work, at no cost to York Region. 88. Elevations along the streetline shall be 0.3 metres above the centre line elevations of the Regional roadway. 89. Prior to final approval the Owner shall provide a copy of the duly executed/approved local subdivision agreement to the York Region Transportation and Works Department, outlining all requirements of the York Region Transportation and Works Department. 90. The Owner shall submit drawings depicting the following to the satisfaction of York Region staff: a) All existing woody vegetation within the Regional Road right-of-way; b) Tree protection measures to be implemented on and off the Regional Road right-of-way respecting vegetation identified for preservation; c) Any woody vegetation within the Regional Road right-of-way that is proposed to be removed or relocated. However, it is to be noted that tree removal within Regional Road rights -of -way shall be avoided to the extent possible/practical. Financial or other compensation may be sought based on the value of trees proposed for removal; and d) A planting plan for all new and relocated vegetation to be planted within the Regional Road right-of-way, based on the following general guideline: -17- -100— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 Tree planting shall be undertaken in accordance with York Region standards as articulated in Streetscaping Policy and using species from the Regional Street Tree Planting List. These documents may be obtained from the Forestry Section. If any landscaping or features other than tree planting (e.g. flower beds, shrubs) are proposed, they will require the approval of the local municipality and be supported by a maintenance agreement between the municipality and York Region for area municipal maintenance of these features. In addition, the agreement should indicate that where the area municipality does not maintain the feature to the Region's satisfaction, the area municipality will be responsible for the cost of maintenance or removal undertaken by the Region. 91. The Owner shall engage the services of a consultant to prepare and submit for review and approval, a noise study to the satisfaction of York Region Transportation and Works Department recommending noise attenuation features and the Owner shall agree to implement these noise attenuation features to the satisfaction of York Region Transportation and Works Department. 92. The Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, that prior to the release of any security held by York Region in relation to this plan of subdivision, and where berm, noise wall, window and/or oversized forced air mechanical systems are required, these features shall be certified by a professional engineer to have been installed as specified by the approved Noise Study and in conformance with the Ministry of Environment guidelines. 93. The following warning clause shall be included in a registered portion of the subdivision agreement with respect to the lots or blocks affected: "PURCHASERS ARE ADVISED THAT DESPITE THE INCLUSION OF NOISE ATTENUATION FEATURES WITHIN THE DEVELOPMENT AREA AND WITHIN THE INDIVIDUAL BUILDING UNITS, NOISE LEVELS WILL CONTINUE TO INCREASE, OCCASIONALLY INTERFERING WITH SOME ACTIVITIES OF THE BUILDING'S OCCUPANTS". 94. Where noise attenuation features will abut a York Region right-of-way, the Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, as follows: a) that no part of any noise attenuation feature shall be constructed on or within the York Region right-of-way; b) that noise fences adjacent to York Region roads may be constructed on the private side of the 0.3 metre reserve and may be maximum 2.5 metres in height, subject to the area municipality's concurrence; c) that maintenance of the noise barriers and fences bordering on York Region right-of-ways shall not be the responsibility York Region; and -18- -101— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 d) that any landscaping provided on the York Region right-of-way by the Owner or the area municipality for aesthetic purposes must be approved by the York Region Transportation and Works Department and shall be maintained by the area municipality with the exception of the usual grass maintenance. 95. The following lands shall be conveyed to York Region for public highway purposes, free of all costs and encumbrances: a) a 15 metre by 15 metre daylight triangle at the southeast corner of Bayview Avenue and Vandorf Side Road; b) a 0.3 metre reserve across the full frontage of the site where it abuts Bayview Avenue. and adjacent to the above noted widenings; c) a widening across the full frontage of the site where it abuts Bayview Ave. of sufficient width to provide a minimum of 18 metres from the centreline of construction of Bayview Avenue, and d) an additional 2.0 metre widening, 40 metres in length, together with a 60 metre taper for the purpose of a northbound right turn lane at the intersection of Bayview Avenue and Vandorf Side Road. 96. In order to determine the property dedications required to achieve the ultimate right-of-way width of 36.0 metres abutting the subject site, the applicant shall submit a recent plan of survey for the property that illustrates the existing centre line of Bayview Avenue. 97. The Owner shall provide a solicitor's certificate of title in a form satisfactory to the York Region Solicitor, at no cost to York Region with respect to the conveyance of the above noted lands to York Region. 98. The Owner shall submit to York Region an Environmental Audit, prepared by a qualified professional, of all lands to be conveyed to York Region. The audit will contain the requirements of the Phase 1 Environmental Site Assessment, as per applicable Ontario standards, guidelines and regulations. Based on the findings of this assessment, York Region may require further study to determine any remedial action required to remove contaminants. The Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, to certify that all lands to be conveyed to York Region are free of all noxious, deleterious materials on or under the surface. This certification shall be provided at no cost to York Region. 99. The Owner shall agree in the subdivision agreement to construct sidewalks along the subject lands' frontage onto roadways that will have transit services, to the satisfaction of York Region Transit and the Town of Aurora. The sidewalks shall be constructed on both sides of those roadways unless only one side of the street lies within the limits of the subject lands. Future YRT transit services are planned for the following roadway(s) or sections of: -19- -102— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-6A Conditions of Draft Approval October 10, 2006 • Bayview Avenue (nearer future) • Vandorf Side Road (longer term — 10+ years) 100. The Owner shall agree in the subdivision agreement to construct concrete pedestrian access to transit facilities from the internal roadways as follows: • From Street "A" to Bayview Avenue via the pedestrian link (Block 81) and the open space buffer (Block 79); • The concrete pedestrian access shall be provided at no cost to York Region and concurrent with construction of necessary sidewalks, to the satisfaction of York Region Transit;.and, • Sidewalks and concrete pedestrian access shall be provided in accordance with OPSD 310.010, 310.020, 310.030 and/or Town of Aurora standard should be provided "at grade" (i.e. without stairs, inclines, etc.). 101. The Owner shall agree in the subdivision agreement that a passenger standing area shall be provided at the following location(s): ON Street AT Street Location Standard Traffic Signal Request Bayview Vandorf SE YRT-1.02 N/A The passenger standing area shall be provided at no cost to York Region and concurrent with construction of necessary sidewalks, to the satisfaction of York Region Transit. 102. The Owner shall agree in the subdivision agreement that the passenger standing area identified in Condition 101 shall be installed to the satisfaction of the Town of Aurora and York Region Transit. Landscaping should not interfere with the bus stops, passenger standing areas, shelters or corner sightlines. 103. The bus stop locations determined during the design phase are subject to change. Prior to construction of the passenger standing area, the consultant shall confirm with YRT the final bus stop location. The consultant shall contact our facilities department at (905)762-1282 ext. 5677 to confirm final details. 104. Prior to execution of the subdivision agreement, the Owner shall submit drawings showing the sidewalk locations, concrete pedestrian access, and passenger standing area to the satisfaction of York Region. 105. The Owner shall agree in the subdivision agreement to advise all potential purchasers of the current and possible future introduction of transit services in vicinity of this development. This includes potential transit routes, bus -stops and shelter locations. This can be achieved through distribution of -20- -103— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 information/marketing materials (YRT route maps, Future Plan maps & providing YRT website contact information) at sales offices and appropriate notification clauses in purchase agreements. The YRT route maps and the Future Plan maps are available from YRT upon request. 106. The Owner shall enter into an agreement with York Region, agreeing to satisfy all conditions, financial and otherwise, of the Regional Corporation; Regional Development Charges are payable prior to final approval in accordance with By- law DC-0005-2003-050. Central York Fire Services 107. The Owner shall agree in the Subdivision Agreement to submit and implement a plan, which delineates firebreaks; and indicates the locations of hydrants and temporary accesses within the plan to the satisfaction of the Central York Fire Services Department. Canada Post 108. The Owner shall agree in the subdivision agreement that, prior to offering any of the residential units for sale, to place a "Display Map" on the wall of the sales office in a place readily available to the public which indicates the location of all Canada Post Community Mailbox site locations, as approved by Canada Post and the Town of Aurora. 109, The Owner shall agree in the subdivision agreement to include in all offers of purchase and sale a statement, which advises the prospective purchaser that mail delivery will be from a designated Community Mailbox, and to include the exact locations (list of lot #s) of each of these Community Mailbox locations. 110. The Owner shall agree in the subdivision agreement to provide the following for each Community Mailbox site and include these requirements and locations on appropriate servicing plans: a) an appropriately sized sidewalk section (concrete pad), as per Canada Post specifications to place the Community Mailboxes on; b) any required walkway across the boulevard, as per municipal standards; and, c) any required curb depressions for wheelchair access 111. The Owner shall agree in the subdivision agreement to determine through consultation with Canada Post, provide and maintain a suitable and safe temporary Community Mailbox location(s) to be "fit up" prior to first occupancy. This temporary site will be utilized by Canada Post until the above mentioned criteria is completed at the permanent CMB site locations. This is will enable -21- -104— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-SA Conditions of Draft Approval October 10, 2006 Canada Post to provide mail service to new residences as soon as homes are occupied. Bell Canada 112. Prior to final approval, the Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the Owner shall advise the municipality of the arrangement made for such servicing. Enbridge Gas Distribution Inc. 113. The Owner shall co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 114. Streets shall be constructed in accordance with municipal standards. 115. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. 116. All of the natural gas distribution system will be installed within the proposed raod allowances and therefore, easements will not be required. Hydro One Networks Inc. 117. Prior to final approval, a copy of the lot grading and drainage plan must be submitted to HONI for review and approval. 118. The Owner shall install temporary fencing along the edge of the transmission corridor, prior to the start of construction at the developer's expense. 119. The Owner shall install permanent fencing after construction is completed along ORC/HONI transmission corridor at the developer's expense. 120. The Owner shall agree that the ORC/HONI transmission corridor is not to be used without the express written permission of Hydro One Networks Inc. on behalf of ORC. During construction, there will be no storage of materials or mounding of earth or other debris on the transmission corridor lands. The Owner shall be responsible for the restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the subdivision. 121. The costs of any relocations to HONI facilities that are necessary to accommodate this subdivision shall be borne by the Owner. -22- -105— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 122. The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186-Proximity-of the Regulations for Construction Projects in the Occupational Health and Safety Act, requires that no object be brought closer than 6 metres (20 feet) to an energized 500kV conductor it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Lake Simcoe Region Conservation Authority 123. Prior to final approval and to any grading taking place on site, a Stormwater Management Report incorporating Enhanced Protection (MOE, 2003) be prepared to the satisfaction of the Lake Simcoe Region Conservation Authority. Provision must be made to locate detention facilities above the elevation of the 1:100 year storm floodline if applicable. 124. The Owner shall prepare a planting plan for the stormwater management facility to the satisfaction of the Lake Simcoe Region Conservation Authority. 125. That prior to final approval, a report be prepared to the satisfaction of the Authority detailing the means whereby erosion and siltation will be minimized and contained on the site both during and subsequent to the construction period. 126. The Owner shall agree in the subdivision agreement to maintain all erosion and siltation control devices in good repair during the construction period in a manner satisfactory to the Lake Simcoe Region Conservation Authority. 127. Prior to final approval, the Owner shall prepare a final Natural Heritage and Hydrogeological Evaluation that includes the analysis of the May 16, 2006 Gartner Lee letters, to the satisfaction of the Lake Simcoe Region Conservation Authority and the Town of Aurora. 128. Prior to final approval, the Owner shall prepare plans that implement the recommendations of the final Natural Heritage and Hydrogeological Evaluation prepared under Condition 127. 129. The Owner shall obtain all necessary Authority permits. 130. The Owner shall agree in the subdivision agreement to carry out or cause to be carried out the recommendations and measures contained within reports approved under Conditions 123 and 127. —106— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 Powerstream Inc. 131. The Owner will be responsible for entering into an Electrical Plant Agreement with Powerstream Inc. or its successor, for the supply and installation of the electrical services in the subdivision. 132. The Owner shall submit electrical installation construction plans, hard copy and digital copy (in DWG drawing format) to Powerstream Inc. for comments and approval. The submitted electrical plans must have assessed the electrical systems of the proposed and surrounding developments and integrate where possible. 133. The Owner is responsible for all costs involving the engineering installation and connection of the proposed electrical plan as well as system alterations to Powerstream's existing electrical plant. 134. The Owner shall install adequate temporary protection around the above ground electrical plant to the satisfaction of Powerstream prior to construction by any builder and further agrees to provide certification from the engineer or architect that said protection is in place. Clearances 135. The Town of Aurora Planning and Development Services Department shall advise that Conditions 1-5, 34, 50, 56, 61-71 inclusive and Conditions 74 and 75 have been satisfied, stating briefly how each condition has been met. 136. The Town of Aurora Public Works Department shall advise that Conditions 6-12, 19, 33-56 inclusive have been satisfied, stating briefly how each condition has been met. 137. The Town of Aurora Leisure Services Department shall advise that Conditions 14-33 inclusive and Conditions 35, 37, 43, 54 and 55 have been satisfied, stating briefly how each condition has been met. 138. The Town of Aurora Building Administration Department shall advise that Conditions 55-60 inclusive and Condition 70 have been satisfied, stating briefly how each condition has been met. 139. The Town of Aurora Legal Services Department shall advise that Conditions 2, 14, 15, 49 have been satisfied, stating briefly how each condition has been met. 140. The Ministry of Culture and Recreation shall advise that Conditions 63, 64 and 72 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. -24- -107— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 141. Powerstream Inc. shall advise that Conditions 13 and 131-134 inclusive have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 142. The Regional Municipality of York shall advise that Conditions 47, 50, 52, 76-106 inclusive have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 143. The Lake Simcoe Region Conservation Authority shall advise that Conditions 36, 44 and 123-130 inclusive have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 144. Hydro One Networks Inc. shall advise that Conditions 117-122 have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 145. Central York Fire Services shall advise that Condition 107 have been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 146. Canada Post shall advise that Conditions 11, 12 and 108-111 inclusive have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 147. Bell Canada shall advise that Condition 112 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 148. Enbridge Gas Distribution Inc. shall advise that Conditions 113-116 inclusive have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. ISSUED at Aurora this 10th day of October, 2006 S. Seibert, MCIP, RPP Director of Planning and Development Services NOTE: WHERE FINAL APPROVAL FOR REGISTRATION HAS NOT BEEN GIVEN WITHIN THREE YEARS AFTER THE DATE UPON WHICH APPROVAL TO THE PROPOSED PLAN OF SUBDIVISION WAS GIVEN, THE TOWN OF AURORA MAY, IN ITS DISCRETION, AND PURSUANT TO THE PLANNING ACT R.S.O. 1990 WITHDRAW ITS APPROVAL TO THIS PROPOSED PLAN OF SUBDIVISION, UNLESS APPROVAL HAS BEEN SOONER -25- rl: GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-6A Conditions of Draft Approval October 10, 2006 WITHDRAWN, BUT THE TOWN OF AURORA MAY FROM TIME TO TIME EXTEND THE DURATION OF THE APPROVAL. c: Bob Panizza, Coroprate Services, Town of Aurora Dave Atkins, Public Works, Town of Aurora Jim Tree, Leisure Services, Town of Aurora Techa VanLeeuwen, Building Administration, Town of Aurora Janet Van Scheyndel, Legal Services, Town of Aurora John Adema, Central York Fire Services Nick Cortellucci/Donna Lue, Brookvalley Developments (Aurora) Ltd. G. Templeton, Templeton Planning Limited, 71 Tyler Street, Aurora,ON, L4G2N1 F. Rankel, 955 Vandorf Sideroad, Aurora, ON L4G 3G8 C. Brutto, Brutto Consulting, 3300 Hwy. 7, Suite 810, Vaughan, ON, L4G 4M3 B. Thurston, 54 Monkman Court, Aurora, ON, L4G 7J9 A. Clydesdale, 74 Monkman Court, Aurora, ON, L4G 7J9 G. Nyberg, 131 Stone Road, Aurora, ON, L4G 6Y1 S. Young, 296 Conover Avenue, Aurora, ON, L4G 7X4 E. Ibbotson, 78 Monkman Court, Aurora, ON, L4G7G9 D. Brisley, 57 October Lane, Aurora, ON, L4G 6Z9 K. Wehrenberg, 16 Cedar Crescent, Aurora, ON L4G 3J8 B. Corbett, Lariat Land Development Inc., 305 Industrial Pkwy., Aurora, ON L4G 6X7 Ms. Heather Konefat REGIONAL MUNICIPALITY OF YORK Planning & Development Services Department Regional Municipality of York, 4th Floor Box 147, 17250 Yonge Street Newmarket, Ontario L3Y 6Z1 Mr. Kevin O'Brien CANADA POST Delivery Planning 193 Church St., Suite 200 Oakville, Ontario L6J 7S Mr. John La Chapelle BELL CANADA Right -of -Way Control Centre Floor 5-Blue 100 Borough Drive Scarborough, Ontario M1 P 4W2 -26- -109— GENERAL COMMITTEE — OCTOBER 3, 2006 Brookvalley Developments (Aurora) Ltd., D12-01-5A Conditions of Draft Approval October 10, 2006 Mr. Richard Humpage AURORA CABLE INTERNET 350 Industrial Parkway South P.O. Box 151 Aurora, Ontario L4G 3H3 POWERSTREAM INC. 215 Industrial Parkway South Box 157 Aurora, Ontario L4G 3H3 Mr. Jim Hosick, Manager Planning LAKE SIMCOE REGION CONSERVATION AUTHORITY P.O.Box 282 120 Bayview Parkway Newmarket, Ontario L3Y 4X1 Mr. Wm. J. Coldicott, Manager ENBRIDGE GAS DISTRIBUTION INC. P.O. Box 650 Scarborough, Ontario M1 K 5E3 Mr. Malcolme Horne MINISTRY OF TOURISM, CULTURE & RECREATION 400 University Avenue Toronto, Ontario M7A 2R9 Ms. Laura Giunta HYDRO ONE NETWORKS INC. Real Estate Services and Land Use Planning 185 Clegg Road Markham, Ontario L6G 1 B7 -27- -110— GENERAL COMMITTEE — OCTOBER 3, 2006 APPENDIX B THIS AGREEMENT made this 29th day of September, 2006. BETWEEN: LTD. Brookvalley Developments (Aurora) �+teel-� (hereinafter called the "Owner") -and- THE CORPORATION OF THE TOWN OFAURORA (hereinafter called the "Town") WHEREAS the Owner is the registered owner of the lands described on Schedule "A" attached hereto in respect of which the Owner has submitted application D12-05- 3A to the Town respecting a proposed residential plan of subdivision to be developed (hereinafter the "Draft Plan"); AND WHEREAS the Town has enacted By-law 4721-05.13 pursuant to s.34(5) of the Planning Act, R.S.O. 1990, c. P.13, as amended, being a by-law to -prohibit the use of land or the erection or use of buildings or structures unless Municipal services are available; AND WHEREAS this Agreement is an agreement executed under the authority of s.50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended, and as such may be registered on title; AND WHEREAS certain infrastructure relating to the provision of water services and sewer capacity are required to enable the development of the Owner's lands shown on the Draft Plan attached hereto as Schedule "B" (hereinafter the "Lands"); AND WHEREAS the sewer and water infrastructure under The Regional Municipality of York's (hereinafter the "Region") jurisdiction proposed over certain lands external to the Draft Plan to provide capacity for the proposed residential development of the Lands has not been constructed; AND WHEREAS the Town has advised the Owner that: i) water and sewer allocation for all residential lots within the Draft Plan will not be granted to the Owner until such time as the Draft Plan has been approved by the Town; and ii) Conditions of Draft Plan Approval restricting the pre -sale of residential lots and containing Holding provisions over the Lands will be required and may be removed in the future in accordance with the Draft Plan Condition requirements therein; —111— GENERAL COMMITTEE — OCTOBER 3, 2006 Page 2 NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TEN DOLLARS ($10.00) paid by each of the parties to the other and of the promises and mutual covenants herein contained, the parties hereto agree as follows; 1. The Owner covenants and agrees that this Agreement and the Schedules hereto, or any part thereof, may be registered on title to the Lands. Such registration shall be at the instance of the Town and at its sole discretion. The Town agrees to release this Agreement provided however that the Owner has complied with this Agreement to the satisfaction of the Town and the Region. 2. The Owner agrees to pay to the Town prior to execution of this Agreement by the Town the Town's fees respecting the preparation of this Agreement in the amount of One Thousand Two Hundred Dollars ($1,200.00), the Town's fees respecting the registration of this Agreement in the amount of One Hundred and Fifty -Five Dollars ($155.00), as well as all other costs incurred by the Town as a result of the registration of any other documents pertaining to this Agreement. 3. The Owner covenants and agrees not to apply for a building permit in relation to a residential building or structure within the Lands until the Town and the Region at their sole discretion, are both satisfied that adequate arrangements are in place to secure the provision of water services and sewer capacity to the Lands. 4. The Owner covenants and agrees not to offer for sale or enter into any agreements of purchase and sale with any party or person, including individuals, other developers or builders, for any units on the Lands until such time as the Region and the Town have advised the Owner, in writing, that the required external infrastructure for water and sewer capacity has been satisfactorily completed to allow for the pre -sales of residential lots on the Lands. 5. The Owner covenants and agrees to indemnify and save harmless and defend the Town and the Region from all actions, causes of action, suits, claims and demands whenever and however caused or made, and which are directly or indirectly sustained or suffered by or asserted against the Town relating to, arising out of, resulting from or in any way connected with this Agreement, water services or sewer capacity not being available to service the Lands. For the purpose of this clause, "Town" shall include the Town's officers, employees, elected officials, contractors, agents and representatives, and "Region" shall include the Region's officers, employees, elected officials, contractors, agents and representatives. 6. Prior to execution of this Agreement by the Town, to ensure compliance with this Agreement, the Owner agrees to file an irrevocable letter of credit with the Town, in a form acceptable to the Town, an amount equal to Three —112— GENERAL COMMITTEE - OCTOBER 3, 2006 Page 3 Hundred and Seventy Five Thousand Dollars ($375,000) (hereinafter the "Letter of Credit'). The Owner agrees to renew and in all respects maintain the Letter of Credit in good standing at all times during the currency of this Agreement and, if drawn upon by the Town, to re -instate the value of the Letter of Credit to Three Hundred and Seventy Five Thousand Dollars ($375,000) as may be required. The Letter of Credit will only be released by the Town for the benefit of the Owner upon the Town being satisfied that the Owner has complied with this Agreement. If the Owner fails, neglects or refuses at any time to comply with this Agreement, then the Town shall be and is hereby empowered forthwith to draw on the Letter of Credit in the amount of $5,000 per each unit as liquidated damages. The Owner hereby acknowledges that this amount is a genuine estimate of the actual cost to the Town of internal administrative costs accruing as a result of the failure of the Owner to comply with the terms of this Agreement. 7. The covenants, agreements, conditions and undertakings contained in this Agreement shall be binding upon the Owner, its successors and assigns as owners from time to time and this covenant shall be and ensure to the benefit of the Town. 8. If any notice is required to be given by the Town to the Owner with respect to this Agreement, such notice shall be mailed or delivered to: Attention: Mr. Nick Cortellucci 137 Bowes Road, Concord, Ontario L4K 1 H3 or to such other address as the Owner and the Town or those for whom they are at law responsible may respectively from time to time appoint in writing, and any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the date of the mailing thereof, postage prepaid or dated transmission of a facsimile. 9. All schedules to this Agreement are attached to this Agreement and form part of it, and the Owner shall be bound by their content. 10. This Agreement may be changed only by a written amendment signed and sealed by the authorized representative of both parties. -113- GENERAL COMMITTEE — OCTOBER 3, 2006 Page 4 IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals, duly attested by the hands of the proper signing officers in that behalf, and the Parties and witnesses have hereunto set their hand and seal. BROOKVALLEY DEVELOPMENTS (AURORA) LMY.TEB Per: Name: Nick Cortellucci Title: President (1 have the authority to bind the Corporation) THE CORPORATION OF THE TOWN OF A URORA Per: Tim Jones, Mayor Bob Panizza, Town Clerk —114— GENERAL COMMITTEE — OCTOBER 3, 2006 — Page 5 SCHEDULE "A" Legal Description ALL AND SINGULAR THAT certain parcel or tract of land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York (formerly in the Geographic Township of Whitchurch), and being composed of: Part of Lot 15, Concession 2, E.Y.S As in R134152 except Part 2, 65R-16877 and Part 7, 65R-16878 Together with R134152 —115— GENERAL COMMITTEE - OCTOBER 3, 2006 Page 6 SCHEDULE `B" Draft Plan of Subdivision -116- ADDITIONAL ITEMS TABLED FOR GENERAL COMMITTEE MEETING Tuesday, October 3, 2006 DELEGATIONS WITHDRAWAL OF DELEGATION c) Mr. Ron McKnight Re: Aurora Historical Society ADDED DELEGATION d) Mr. Graham Wride, resident Change of Street Name and Address for the Town Hall ADDED DELEGATION e) Mr. Gary Camick, resident Re: ITEM 4 - PW06-052 - Northeast Quadrant Traffic Calming Plans - Poll Results ADDED ITEM ITEM 12 - Correspondence from Michelle Haney-Kileeg Re: ITEM 4 - PW06-052 - Northeast Quadrant Traffic Calming Plans - Poll Results WITHDRAWAL of Delegation (C) Panizza, Bob From: Helen Roberts l Sent: Monday, October 02, 2006 3:31 PM To: Panizza, Bob Cc: Rogers, John; Downey, Al; Cathy AHS; Ron McKnight Subject: cancel delegation status To: Bob Panizza Please cancel the delegation for Aurora Historical Society for the General Committee meeting on Tuesday October 3rd Thank you Helen Roberts President, Aurora Historical Society ADDITIONAL Deiegation (d) ITEM September 25, 2006y. Town of Aurora, Attention: Mr. Bob Panizza Dear Sir: I would like to request delegate status at the council meeting on October 3,2006. I would like to ask council to reverse their decision in March of 2004 to change the address of the Town Hall. Reasons given by two councilors as to why they supported the motion are, in my opinion not relevant anymore. Thank you in advance for the privilege of addressing council, Yours truly, Graham Wride. ADDITIONAL Delegation (e) Panizza, Bob ITEM From: Gary Camick Sent: Tuesday, October 03, 2000 3:24 PM To: Panizza, Bob Subject: North-East Traffic Calming Mr. Panizza, I contacted your office and they told me to contact you if I wished to speak at the council meeting tonight regarding the proposed North-East Quadrant Traffic Calming measures. Could you please put me on the list and let me know how much time I have to address my concerns. Thank you for your time, Gary Camick Birch Court i ADDITIONAL ITEM_ ITEM 12 Panizza, Bob From: wendy gaertner Sent: Tuesday, October 03, 2006 12:29 PM To: Panizza, Bob; Michelle Haney-Kileeg Subject: Re: letter of support for the NE Quadrant Traffic Calming Hello Bob, - Please include this letter as an addition to our Agenda tonight. Thank you, Wendy --- Michelle Haney-Kileeg > I am unable to attend the council meeting tomorrow > night as I am engaged > in collective bargaining process at work and we are > getting very close > to a decision. I am in favour of the proposed > traffic calming > recommendations and wanted to express my reasons. I > reside at 56 Spruce > Street with my husband and family. We have noted > the increase in > traffic on our residential street in the past 13 > years. It is no longer > possible to stand on one side of the street and talk > to neighbours on > the other side due to the traffic noise and it is > very difficult to back > out of our driveway morning, noon and early night. > From our bedroom at - > the frong of the house, we hear the cars racing > through the stop signs > between Catherine and Maple Streets. It is > particulary bad on weekend > nights and we are concernd that alcohol could be a > factor. Children do > not even play on their front lawns on Spruce Street > as its perceived to > be too close to the traffic let along play on the > street as we all did > as children. I canvassed neighbours on our street > to encourage their > completion of the survey and I encountered only one > resident who > disagreed with the planned changes. We concur that > some adjustments will > need to be made on our part with the full > implementation but we are > prepared to make these concessions in favour of > traffic calming in the > neighbourhood, > Thank you for your support. Michelle Haney-Kileeg _ > General Manager > Housinq Connections