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AGENDA - Council - 20040210TOWN OF AURORA COUNCIL AGENDA NL 04-05 11ESYY, FEBROARY 1e, YOM 1:00 pm COUNCIL CIIMBERS MRO1IITOWN HALL PUBLIC RELEASE 05/02/04 TOWN OFAURORA COUNCIL MEETING AGENDA NO. 04-05 Tuesday, February 10, 2004 7:00 P.M. OPEN FORUM — COUNCIL MEETING TO FOLLOW 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 MINUTES Council Meetings No. 04-02, Tuesday, January 13, 2004, No. 04-03, Tuesday, January 27, 2004 and Special Council - Public Planning Meeting No. 04-04, Wednesday, January 28, 2004 RECOMMENDED: THAT the Council Minutes of Meeting Numbers 04-02, 04-03 and 04-04 be adopted as printed and circulated. IV PRESENTATIONS None V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Council Meeting No. 04-05 Tuesday, February 10, 2004 Page 2 of 6 Vll DELEGATIONS None Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1X REGIONAL REPORT X OTHER BUSINESS, COUNCILLORS XI READING OF BYLAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4506-04.D BEING A BY-LAW to (pg. 91) exempt Part of Blocks 129, 132, 137 and 143 on Registered Plan 65M-3678, in Aurora, from the Part Lot Control provisions as provided in subsection 50 (5) of the Planning Act, R.S.O. 1990, c.P.13 - as amended. (Minto Communities) 4503-04.0 BEING A BY-LAW to (pg. 92) Confirm Actions by Council Resulting From This Meeting - Tuesday, February 10, 2004. Council Meeting No. 04-05 Page 3 of 6 Tuesday, February 10, 2004 Xll IN CAMERA Legal and Property Matters RECOMMENDED: THAT Council proceed In Camera to address legal and property matters. Xlll ADJOURNMENT Council Meeting No. 04-05 Tuesday, February 10, 2004 Page 4 of 6 AGENDA ITEMS 1. PW04-006 - Stoddart Drive - Disposition of Sidewalk and Early (pg. 1) Approval of Capital Reconstruction Project RECOMMENDED: THAT the existing sidewalk on Stoddart Drive remain as is; and THAT staff finalize the drawings and tender documents for the reconstruction of Stoddard Drive without any change to the existing sidewalk except for the replacement of cracked and/or damaged sidewalk bays as necessary; and THAT Council approve the reconstruction of Stoddart Drive in advance of approval of the remainder of the 2004 Capital Budget; and THAT staff be directed to report to Council with the results of the tendering process. 2. CS04-002 - Confirmation By-law (pg. 11) RECOMMENDED: THAT Council approve the practice of enacting a confirmation by-law at the end of every Council meeting. 3. PL04-012 - Application for Exemption from Part Lot Control (pg. 14) Minto Communities (Toronto) Inc. Blocks 129, 132, 137 and 143, Registered Plan 65M-3678 Marshview Avenue & Bilbrough Street File D12-PLC-01-04 RECOMMENDED: THAT Council approve the request for exemption from Part Lot Control made by Minto Communities (Toronto) Inc. to divide Blocks 129, 132, 137 and 143 of Registered Plan 65M-3678 (Marshview Avenue and Bilbrough Street), into separate lots; and, THAT Council enact By-law 4506-04.D. Council Meeting No. 04-05 Tuesday, February 10, 2004 Page 5 of 6 4. PL04-013 - MCGRATH — HUNTER PROPERTIES Part of Lot 17, R.P. 68 and Lot 164 & Part of Lots 163 & 165, R.P. 246, 15085 Yonge Street Official Plan and Zoning Amendment Applications File Nos. D09-14-03 & D14-33-03 respectively RECOMMENDED: (pg. 22) THAT Council receive as information the following overview of Official Plan Amendment and Zoning By-law Amendment applications D09-14-03 and D14-33-03 respectively, regarding 15085 Yonge Street, scheduled for the March 24, 2004 Public Planning Meeting. 5. PL04-014 - COBBLESTONE LODGE RETIREMENT HOME Lot 167, R.P. 246 15029 Yonge Street Zoning Amendment Application File No. D14-18-03 RECOMMENDED: THAT Council receive as information the following overview law Amendment application D14-18-03 regarding 15029 scheduled for the March 24, 2004 Public Planning Meeting. 6. PL04-016 - Zoning By-law Amendment Application Suncor Energy Products Inc. Lot 2, Registered Plan 246 15612 Yonge Street File No. D14-36-03 RECOMMENDED: (pg. 31) of Zoning By- Yonge Street, (pg. 48) THAT Council receive as information the following overview of Zoning By- law Amendment application D14-36-03, scheduled for the March 24, 2004 Public Planning Meeting. PL04-017 — Appeals to the Ontario Municipal Board (pg. 55) RECOMMENDED: THAT staff be instructed to retain outside legal counsel to represent the Town before the Ontario Municipal Board in connection with appeals to the Ontario Municipal Board as follows: Council Meeting No. 04-05 Tuesday, February 10, 2004 Page 6 of 6 • MI Developments Inc. (690346 Ontario Inc) for failure to approve the site plan agreement for the Magna Medical Arts Building; • 1207309 Ontario Inc. (MI Developments Inc. Vacant Land Condominium Phase 2) for failure to approve the conditions of draft plan of condominium approval and the related condominium agreement. 8. Memo from CAO (pg. 60) Re: LS04-002 - Short List of Architects of the New Recreation Complex Item (Deferred from the January 20, 2004 General Committee Meeting) RECOMMENDED: THAT Council provide direction on this matter. 9. General Committee Meeting Report No. 04-03 (pg. 67) Tuesday, February 3, 2004 RECOMMENDED: THAT the Report of the General Committee Meeting No. 04-03 be received and the recommendations carried by the Committee be adopted. 10. TR04-005 - Agreements - Financial Information System (pg. 72) Acquisition RECOMMENDED: THAT Council authorize the Mayor and Clerk to execute the attached Agreement with Vadim Computer Management Group Limited for the supply, delivery and installation of Financial Information Systems for the Corporation of the Town of Aurora; and THAT Council authorize the Mayor and Clerk to execute the attached Agreement with RAC Software Inc. for the supply, delivery and installation of Financial Manager's Workbench, Capital and Salary Forecasting Software for the Corporation of the Town of Aurora. AGENDA ITEM # iTOWN OF AURORA COUNCIL REPORT No. PW04-006 SUBJECT: Stoddart Drive -Disposition of Sidewalk and Early Approval of Capital Reconstruction Project FROM: W. H. Jackson, Director of Public Works DATE: February 10, 2004 RECOMMENDATIONS THAT the existing sidewalk on Stoddart Drive remain as is; THAT staff finalize the drawings and tender documents for the reconstruction of Stoddard Drive without any change to the existing sidewalk except for the replacement of cracked and/or damaged sidewalk bays as necessary; THAT Council approve the reconstruction of Stoddart Drive in advance of approval of the remainder of the 2004 Capital Budget; and THAT staffbe directed to report to Council with the results of the tendering process. BACKGROUND The reconstruction of Stoddart Drive (See Appendix "A") is included in the 2004 Capital Budget. The design of this project is now complete with the exception of resolution of the issue regarding the sidewalk. Once Council has provided direction on that issue, the drawings and tender documents will be completed such that the project can be tendered in early February (assuming pre -approval of funding). COMMENTS Stoddart Drive is a local two-lane road with an urban cross-section and a sidewalk along part of the east side of the street. The reconstruction will not change the road design. During discussions with residents, it became apparent there was concern about the final disposition of the sidewalk on Stoddart Drive. Although Stoddart Drive runs from Fairway Drive to Nisbet Drive, a sidewalk only exists on the east side of the street from House No. 39 to House No. 63 or approximately 44% of the street. 000001 February 10, 2004 - 2 - Report No. PW04-006 An "Open House/Information Centre" was held on Tuesday, January 20, 2004 in the Town Hall, to present the preliminary design for the reconstruction of Stoddart Drive (See Appendix "B"). Plans were presented at the Open House showing the extension of the sidewalk to the ends of the street. The sidewalk was placed as close as possible to the curb to minimize any impact on the properties it crosses and avoid the removal of any mature vegetation. The majority of the residents who attended the meeting were generally pleased with the design as presented with the exception of the disposition of the sidewalk (See Appendix „C„ In the past there have been ongoing discussions and concerns about how the existing sidewalk on the street should be treated. In a survey conducted between January 9 and 23, 2004 the residents of Stoddart Drive were asked to choose between one of the following three options: leave the sidewalk as it presently exists remove the existing sidewalk • extend the existing sidewalk to the ends of the street Out of 49 households on the street, including the properties located on the corners of Stoddart Drive and Nisbet, Glenview and Fairway Drives, 37 responses were received as follows: • 23 households were in favour of leaving the sidewalk as it presently exists. Nobody was in favour of removing the existing sidewalk. One resident (63 Stoddart Drive) is asking for a partial removal of the existing sidewalk at the north edge across his lawn. 11 households were in favour of extending the existing sidewalk to the ends of the street. Notes: The resident at 63 Stoddart Drive had no overall opinion, but asked that if the sidewalk is to be left as it presently exists, the section from his driveway to where it now ends be removed. This survey was not included in the overall results. One household submitted two replies expressing different opinions. These two surveys were not included in the overall results, Residents who wished to leave the sidewalk as it presently exists are concerned that the extension of the sidewalk to the ends of the street would have an adverse impact on the mature vegetation in their neighbourhood. They bought their properties without the sidewalk, landscaped their properties and would prefer to keep the appearance of the street the way it now is. As previously stated, the preliminary design drawings placed the February 10, 2004 - 3 - Report No. PW04-006 sidewalk close to the curb to minimize impact on adjacent properties. No mature trees will be cut down due to the extension of the sidewalk. Residents who favoured extending the existing sidewalk to the ends of the street have, as their main concern, pedestrian safety. People walking along Stoddard Drive, at some point, end up on the roadway. They have to use the street to access the beginning/end of the sidewalk creating the risk of an accident. Some residents complained especially about the bend in the road around houses 22-34 which they considered unsafe with visibility obstructed by vegetation. The design of this project is complete except for the single issue of the sidewalk. Upon resolution of that issue, staff will be in a position to tender the project. By tendering this project as early as possible, staff anticipate that more bids and better prices will be achieved than if the tender is issued later. This also allows the Department to spread our road reconstruction work over the year. OPTIONS As stated earlier the 3 options regarding the disposition of the sidewalk are: leave it as it presently exists; remove it; or extend it to the ends of the street. With respect to the timing of the tender, Council may decide not to approve the funding at this time. In that case, tendering of the project will not occur until after the 2004 Capital Budget has been approved. CONCLUSIONS The design layout of Stoddard Drive is fundamentally the same as the existing layout with respect to curbs and pavement widths. The design presented at the Open House included an extension of the existing sidewalk to the ends of the street to assist residents in determining what option they preferred and to confirm the minimal impact of the sidewalk extension on adjacent properties. Section 3.10.1 of The Official Plan directs that "Local Roads" shall, among other matters, "provide appropriate pedestrian sidewalks". Although it is a "local" road, Stoddart Drive is not a cul-de-sac or crescent and does connect two adjacent streets. Accordingly, extending the existing sidewalk was believed the appropriate action at the initial design stage. It should be noted, however, that Council in 1999 directed that "... streets may not always 000003 February 10, 2004 - 4 - Report No. PW04-006 require sidewalks..." and since that time staff have undertaken surveys of the residents to ascertain their opinion with respect to the provision of a sidewalk. Stoddard Drive has operated in its present arrangement since it was constructed. Our accident records go back 13 years and overthat time, we have records of only 3 accidents on Stoddard Drive all of which are vehicle/vehicle collisions. In consideration of the above, coupled with the results of the most recent survey, it appears that the appropriate course of action at this time is to not include any sidewalk extension work (only replace those sidewalk bays that are cracked) on Stoddard Drive during the upcoming reconstruction project. It is noted that after completion of this reconstruction work, staff would not anticipate returning to this street for other than maintenance activities for at least 40 years. Nevertheless, as noted before, the reconstruction work will not change the road width or layout and accordingly, the question of installing a sidewalk can be reconsidered at a later date should the Council of the day or residents wish to do so without incurring a significantly increased construction cost. Approval of this project in advance of the remainder of the 2004 Capital Budget is proposed in order to allow for the early tendering of the project. It has been demonstrated in the past that the early tendering of projects results in an increased chance of receiving a larger number of bids for the project and also of receiving better prices. If Council wishes to not "pre -approve" this project, tendering will occur after the budget is approved. FINANCIAL IMPLICATIONS Leaving the sidewalk as it presently exists will cost less than $2,000 for the replacement of a number of cracked bays. In this option, staff has no problem with acceding to the request of the resident of 63 Stoddad Drive that the "dead end" portion of the sidewalk from his driveway be removed. Staff would also ask the resident at 39 Stoddard Drive if they wish the same arrangement. Removing the existing sidewalk will cost approximately $6,500 including replacing topsoil and sod and/or driveways where necessary. Extending the existing sidewalk to the ends of the street will cost approximately $25,000 to supply and place the sidewalk. Funds have been included in the draft 2004 Capital Budget for this project, as shown on the attached Capital Budget Sheet (Appendix "D"). Council has previously approved the by-law to set the interim tax rates for 2004 at 50% of February 10, 2004 - 5 - Report No. PW04-006 the total 2003 taxes to allow for the collection of tax revenues in advance of the approval of the final tax rates for 2004. For Council's information, the reconstruction of Stoddart Drive represents approximately 21 % of the road reconstruction portion of the 2004 Public Works Draft Capital Budget. If reconstruction of Stoddard Drive is pre approved, this will mean that combined with the approval on February 10, 2004 of the funding for the reconstruction of Banff Drive, Bigwin Drive and St. Andrews Court, approximately 68% of the road reconstruction portion of the 2004 Public Works Draft Capital Budget will have been approved prior to approval of the 2004 Budget. LINK TO STRATEGIC PLAN Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality, including a reduction of operating costs by setting priorities and focusing on core services. ATTACHMENTS • Appendix "A" — Plan showing location of project • Appendix "B" — letter dated January 9, 2004 advising residents of the "Open House/Public Information meeting" for Reconstruction of Stoddart Drive on January 20, 2004 and sidewalk survey of property owners on the street • Appendix "C" - Memo dated January 26, 2004 with comments on the January 20, 2004 Public Information meeting • Appendix "D" — Capital Budget sheet for the reconstruction of Stoddart Drive PRE -SUBMISSION REVIEW Management Team Meeting — January 28, 2004 Prepared by. Anca Mihail — Engineering Assistant Ext. 4383 W.H.J o Director of Public Works 000005 VAMAY OR. LEGEND EEGEND PROPOSED u ROAD RECONSTRUCTION p)L&H �aOMin1�[�C� LOOQ4�01 (OF L° ROO JG04 FEBRUARY 2ao4 PUBLIC WORKS DEPARTMENT 100 John West Way Box 1000 Appendix B Aurora, Ontario L4G 6,11 Tel: (905) 727-1375 Web: wwwtown.aurora.on.ca January 9, 2004 Dear Resident of Stoddart Drive Re: Reconstruction of Stoddart Drive DEPARTMENT OF PUBLIC WORKS Reply Attention: W.H. Jackson, P. Eng.. Director of Public Works (905) 727-3123, Ext. 4371 File: T05*W . SD rf CL Please be advised that the Public Works Department will be holding an "Open House/Information Centre" to present the preliminary engineering design for the reconstruction of Stoddart Drive. This reconstruction project is scheduled to be done in 2004, pending Council approval of the 2004 Capital Budget, and would be completed in the fall of 2004. The "Open House" will be held on Tuesday, January 20, 2004 from 5:00 p.m. until 7:30 p.m. in the Holland Room on the first floor of the Aurora Town Hall, 100 John West Way. Town staff and the engineering consultant will be available for these hours. Please come and drop by to see the plans and ask any questions you may have. There are no formal presentations planned but the preliminary engineering plans will be presented. We welcome this opportunity to discuss the proposed works and hear your comments. If you cannot attend the Open House but would still like to view the plans, please contact Ms. Anca Mihail prior to Friday, January 23 to make arrangements for you to view the plans. There has been ongoing discussions and concerns about how the existing sidewalk on the street should be treated, with the main options being to leave it as it is, to extend it to the ends of the street, or to remove it entirely. To assist residents in determining what option they prefer, we will have plans at the Open House that show sidewalk extensions that minimize impact on adjacent properties. After the Open House staff will be reporting to Town Council to get Council's decision on how to proceed on this issue. As part of the input to that report, please find attached a survey regarding the sidewalk. Please fill it out and return it by mail, fax, or e-mail by Friday, January 20 to Ms. Mihail. In the meantime, if you have any questions or comments, please contact Ms. Anca Mihail of the Public Works Department by telephone at 727-3123, extension 4383, by fax at 841-7119 or by email at amihail(cr�,town.aurora.on.ca ou truly, _co (W. H. Jackson, Director of Public Works Att. CC. Mayor and Members of Council L. Allison, C.A.O. D. Atkins/A. Mihail, PublicWorks 00000'7 I, of Sidewalk Surve of f Property Owners on Stoddart Drive between Nisbet Drive and Fairway Drive name), (print address) want to leave sidewalk as it presently exists want to remove the existing sidewalk want to extend the existing sidewalk to the ends of the street Comments: (Signed) (Date) Please return your survey to the Town by no later than Friday January 23, 2004 by e-mail to amihailntown.aurora.on,ca, by fax to (905) 841-7119, or by mail to: Town of Aurora Public Works Department 100 John West Way, Box 1000 Aurora, Ontario L4G 6J1 000008 JESEPubric Works Dept. ►ITi [-4M To: Mayor and Members of Council From: W. H. Jackson, Director of Public Works CC: Larry Allison, Chief Administrative Officer Date: January 26, 2004 Re: Public Information Meeting on January 20, 2004 - Reconstruction of Stoddart Drive An "Open House/Information Centre" was held on Tuesday, January 20, 2004 in the Holland Room to present the preliminary design for the reconstruction of Stoddart Drive. Forty residents attended, 18 from Stoddart Drive, 1 who resides at the corner of Stoddart Drive and Nisbet Drive, and 21 from Glenview Drive and Nisbet Drive. The proposed layout of this street is the same that now exists with the exception of the sidewalk. The residents who attended the meeting were generally pleased with the design as presented, and there were no concerns expressed with the exception of the disposition of the sidewalk. There have been ongoing discussions and concerns about how the existing sidewalk on the street should be treated. As you are aware a survey was conducted for residents on Stoddart Drive regarding the disposition of the sidewalk. The survey closed on January 23, 2004 with 37 responses received from residents of Stoddart Drive. The results are summarized below: 1) Leave sidewalk as it presently exists: 23 2) Remove the existing sidewalk: 0 3) Extend the sidewalk to the ends of the street: 11 Notes: 1) The resident at 63 Stoddart had no overall opinion, but asked that if the sidewalk Is to be left as it presently exists that the section from his driveway to where it now ends be removed. This survey was not included in the overall results. 2) One household submitted two replies, with one in the name of both residents expressing one opinion and one submitted in the name of one resident expressing a different opinion. These two surveys were not included in the overall results. Copies of all of the completed surveys are in the "General Correspondence File" in the Councillor's office room. As discussed in my September 12, 2003 e-mail to you, now that the Open House and survey are completed, we will report to Council for a decision on the issue of the sidewalk. This report is scheduled to be presen d for your consideration at your February 3, 2004 meeting. A W. H. Jaa n Director of Public Works Attachments S:\Public Works\T05 Capital Works - Road Design\Stoddart Dr\Open House\Open House Comments-am.doc 000009 Appendix "D" TOWN OF AURORA 2004 CAPITAL BUDGET ANALYSIS BY PROJECT DEPARTMENT: Public Works Department PROJECT: Reconstruction of Stoddart Drive PURPOSE: To provide funding for the reconstruction of the roadway and watermain infrastructure PERFORMANCE/ACTIVITY MEASURES INCREASE (DECREASE) the reconstruction of this infrastructure should lessen maintenance activities EFFECT ON FUTURE OPERATING BUDGETS 2004 2005 2006 INCREASE (DECREASE) SALARIES $500 $500 $500 OTHER COSTS $500 $500 $500 TOTAL $1000 $1000 $1000 PROJECT COST/FINANCING TOTAL PROJECT COST $571,000 FINANCING• CURRENT LEVY $291,000 GRANTS RESERVE FUND - Water/Sewer $255,000 - Storm $25,000 OTHER TOTAL FINANCING $571,000 EXPLANATIONS/HIGHLIGHTS: 000010 Costs for roadworks and underground infrastructure are as per preliminary cost estimate by design consultant, and have been updated from the costs contained in the 10-Year Capital Plan. Some works are required on the storm sewers stem due to the reconstruction of the road. AGENDA ITEM # ti*TOWN OF AURORA COUNCIL REPORT SUBJECT: Confirmation By-law FROM: Bob Panizza, Director of Corporate Services DATE: February 10, 2004 RECOMMENDATIONS No. CSO4-02 THAT Council approve the practice of enacting a confirmation by-law at the end of every Council meeting. BACKGROUND At a recent Council /Staff workshop, Mr. George Rust-D'eye a solicitor with the firm of Weir & Folds did a presentation on topical legal issues. During this presentation Mr. Rust-D'eye indicated that many municipalities have adopted the practice of enacting a confirmation by-law at the end of every Council meeting. He indicated that the purpose of the by-law is to solidify all of the decisions that may have been made by Council at it's meeting. He further suggested that the Town of Aurora should considered implementing this practice also. Subsequent to this Councillor Buck at the General Committee meeting of January 20 requested that staff bring forward a report regarding the procedure to institute a confirmation by-law. At the Council meeting of January 27, a confirmation by-law was included with the agenda, however Council deferred the matter to staff for a report. COMMENTS As previously mentioned, the enactment a confirmation by-law at the end of Council meetings is a widely used practice in many municipalities throughout Ontario. Presently within the Region of York, the Towns of Markham, Richmond Hill, Whitch urch-Stouffville, the City of Vaughan, the Township of King and the Region itself enact a confirmatory by- law. Originally utilized by some municipalities as far back as the mid 1960's, the objective of the by-law, as it is named, is to confirm actions or matter considered by a Council at the meeting. According to the Municipal Act 2001 provisions within this legislation clearly identify the exercise of powers of a municipality through Section 5 of the Act. Sec. 5(1) states: The powers of a municipality shall be exercised by its council. 000011 February 10, 2004 - 2 - Report No. CSO4-02 The Act further elaborates through Sec. 5(3) that: A municipal power, including a municipality's capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do so otherwise. Traditionally it has been the practice of Town Council to authorize actions in two basic formats namely resolutions and/or by by-laws. Although the adoption of a resolution may be sufficient to empower staff to perform assignments, according to the Act it appears that the enactment of a by-law provides the additional level of authorization. Therefore, based on the suggestion provided by Mr. Rust-D'Eye and the legislation contained in the Municipal Act, staff recommends that the Town initiate the practice of enacting a Confirmation By-law at the end of all Council meetings. In addition it will also be necessary to amend the Town's Procedural By-law to identify and incorporate a provision whereby the practice to enact a Confirmation By-law is outlined in the procedures. OPTIONS Council may wish to dispense with the proposal to enact a confirmation by-law and maintain the status quo. FINANCIAL IMPLICATIONS There are no financial implications to the enactment of the proposed by-law. LINK TO STRATEGIC PLAN Goal A To maintain a well managed and fiscally responsible municipality. ATTACHMENTS Attachment #1 — Sample Confirmation By-law PRE -SUBMISSION REVIEW C.A.O. Review — February 6, 2004 Prepare by: Bob Panizza ext. 4221 (ft Bob Panizza Director of Corporate Services 000012 THE CORPORATION OF THE TOWN OF AURORA By-law Number xxxx-04.0 BEING A BY-LAW to Confirm Actions by Council Resulting From The Meeting Of )00000( THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its meeting held on XXXXXX in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS DAY OF READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2004. 2004. 000013 T. JONES, MAYOR B. PANIZZA, TOWN CLERK AGENDA ITEM # 3 4TOWN OF AURORA COUNCIL REPORT No. PL04-012- SUBJECT: Application for Exemption from Pan` Lot Control Minto Communities (Toronto) Inc. Blocks 129, 132, 137 and 143, Registered Plan 65114-3678 Marshview Avenue & Bilbrough Street File D12-PLC-01-04 FROM: Susan Seibert, Director of Planning DATE: February 10, 2004 RECOMMENDATION THAT Council approve the request for exemption from Part Lot Control made by Minto Communities (Toronto) Inc. to divide Blocks 129, 132, 137 and 143 of Registered Plan 65M-3678 (Marshview Avenue and Bilbrough Street), into separate lots; and, THAT Council enact By-law 4506-04.D BACKGROUND The subject lands are located on Marshview Avenue and Bilbrough Street in an area east of Bayview Avenue. The lands form part of Phase 1 of the `Spring Farm' development. The applicant is seeking to develop the subject lands for townhouse dwelling lots. The applicant proposes to develop the Blocks for the 24 units in the following manner: Block 129, 65M-3678 Reference Plan 65R-26782 Unit Type Lot Area MZ Frontage M Part 1 Townhouse 288.6 9.62 Part 2 Townhouse 195.0 6.50 Part 3 Townhouse 195.0 6.50 Part 4 Townhouse 195.0 6.50 Part 5 Townhouse 195.0 6.50 Part 6 Townhouse 349.9 12.08 Block 132, 65M-3678 Reference Plan 65R-26781 Unit Type Lot Area M2 Frontage M Parts 1 & 7 Townhouse 261.4 8.46 Part 2 Townhouse 200.9 6.50 Part 3 Townhouse 200.9. 6.50 Part 4 Townhouse 200.9 6.50 Part 5 Townhouse 200.9 6.50 Part 6 Townhouse 251.5 8.14 February 10, 2004 -2- Report No. PL04-012 Block 137, 65M-3678 Reference Plan 65R-26780 Unit Type Lot Area MZ Frontage M Part 1 Townhouse 247.5 8.25 Part 2 Townhouse 195.6 6.50 Part 3 Townhouse 195.0 6.50 Part 4 Townhouse 195.0 6.50 Part 5 Townhouse 195.0 6.50 Part 6 Townhouse 250 .5 8.35 Block 143, 65M-3678 Reference Plan 6511-26778 Unit Type Lot Area MZ Frontage M Part 1 Townhouse 246.3 8.19 Part 2 Townhouse 195.6 6.50 Part 3 Townhouse 195.7 6.50 Part 4 Townhouse 195.8 6.50 Part 5 Townhouse 195.9 6.50 Part 6 Townhouse 253.6 8.41 COMMENTS The subject Block forms part of Registered Plan of Subdivision 65M-3678 for Phase 1 of the `Spring Farm' development. The applicant is requesting an exemption from Part Lot Control (as provided for under Section 50(7) of the Planning Act) as a means of achieving the proposed lot division, rather than through applications for consent to the Committee of Adjustment or a separate plan of subdivision. All of the proposed lots conform with the provisions of the Zoning By-law. The exemption from Part Lot Control would implement the original intent of both the Official Plan and Subdivision Agreement. Furthermore, the application was circulated and there are no objections. OPTIONS Not applicable. CONCLUSION The proposed lots conform with the provisions of the implementing Official Plan, Zoning By-law, and Subdivision Agreement. Staff recommend that Council approve the request for exemption from Part Lot Control made by Minto Communities (Toronto) Inc. to divide the subject lands as noted above into separate lots. FINANCIAL IMPLICATIONS Not applicable. LINK TO STRATEGIC PLAN Not applicable. 000015 February 10, 2004 - 3 - Report No. PL04-012 ATTACHMENTS Figure 1 — Location Plan Figure 2 — Reference Plans PRE -SUBMISSION REVIEW Management Team Meeting — February 4, 2004 Prepared by. Joyce Wilson, Planning Technician Extension 4349 SLtjpA Se' rt, M.C.I.P., R.P.P. Director o Planning 000016