AGENDA - Special Council - 20041220TOWN OF AURORA
SPECIAL COUNCIL
AGENDA
NO, 04-39
DECEMBER 20, 2004
5:30 o m.
COUNCIL CHAMBERS
PUBLIC RELEASE
17/12/04
TOWN OF AURORA
SPECIAL COUNCIL MEETING
AGENDA
NO. 04-39
Monday, December 20, 2004
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 AGENDA ITEMS
IV READING OF BY-LAWS
RECOMMENDED:
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
4615.04-D BEING A BY-LAW to (pg. 54)
amend By-law 2213-78
(Removal of Holding Prefix -
State Farm Automobile Mutual
Insurance Company)
4628.04.C BEING A BY-LAW to (pg. 56)
confirm actions by Council
resulting from the Special meeting
of December 20, 2004.
V ADJOURNMENT
Special Council Meeting No. 04-39 Page 2 of 3
Monday, December 20, 2004
AGENDA ITEMS
1. PL04-135 - Execution of Amendment to Subdivision (pg. 1)
Agreement
WHITWELL DEVELOPMENT LIMITED AND STATE
FARM MUTUAL INSURANCE COMPANY
North-east Corner of Leslie St. & Wellington Street
File D12-00-4A
RECOMMENDED:
THAT the Mayor and Clerk be authorized to execute an Amendment to the
current Subdivision Agreement between the Town of Aurora and Whitwell
Development Limited and State Farm Mutual Automobile Insurance
Company, dated September 28, 2004, with respect to the lands as defined
within the Agreement, within Draft Plan of Subdivision D12-00-4A, subject
to the following provisions:
i) THAT the submission of financial payments and securities as
described in the Amending Agreement be received by the Town.
2. PL04-125 - Zoning By-law Amendment Application (pg. 25)
Removal of Holding Prefix
State Farm Automotive Mutual Insurance Company
Block 4 Plan 65R-21470, Part Lot 22 Concession 3 EYS
File D14-08-04
RECOMMENDED:
THAT, upon Council approval of a resolution to approve an Amending
Subdivision Agreement pursuant to Staff Report PL04-135, Council enact
By-law 4615-04.D to remove the Holding (H) prefix from lands currently
zoned Business Park BP-1 (H) Holding Exception, to allow the subject
lands to be developed for an office building.
Special Council Meeting No. 04-39 Page 3 of 3
Monday, December 20, 2004
3. TR04-029 – Community Survey (update) (pg. 31)
RECOMMENDED:
THAT the Treasurer’s report TR04-029 “Community Survey (update)” be
received for information; and
THAT Council approve the use of the attached questionnaire, as amended
by input from the Management Team on December 8, 2004 and by the
Finance Advisory Committee on December 9, 2004; and
THAT Council approve an advertisement on the Town Page and the Town
Website to advise residents of the survey.
SPECIAL COUNCIL - DECEMBER 20, 2004
AGENDA ITEM # 1,
TOWN OF AURORA
COUNCIL REPORT
No. PL04-136
SUBJECT: Execution of Amendment to Subdivision Agreement
WHITWELL DEVELOPMENT LIMITED AND STATE FARM MUTUAL
INSURANCE COMPANY.
North-east Corner of Leslie St. & Wellington Street
File No. D12-004A
FROM: Susan Seibert, Director of Planning
DATE: December 20, 2004
THAT the Mayor and Clerk be authorized to execute an Amendment to the current
Subdivision Agreement between the Town of Aurora and Whitwell Development
Limited and State Farm Mutual Automobile Insurance Company dated September 28,
2004, with respect to the lands as defined within the Agreement, within Draft Plan of
Subdivision D12-004A, subject to the following provisions:
i) That the submission of financial payments and securities as described in the
Amending Agreement be received by the Town.
BACKGROUND
Location/Land Use:
The subject lands are located at the north-east intersection of Wellington Street East
and Leslie Street. The lands also abut Highway No. 404 to the east. The total site area
is 68.9 hectares (170.2 acres). The subject lands are legally described as Part of Lots
21 and 22, Concession 3 and more specifically as Parts 1, 2,3,4,5, and 6 Plan 65R-
21470. Rural residential, farming and vacant rural previously existed on the lands. The
site is currently being rough graded to facilitate the proposed development of a plan of
subdivision for office and industrial uses.
The lands principally affected by the requested approval are owned by State Farm.
Surrounding Uses:
North: Rural residential and rural/agricultural lands
South: Rural residential and rural/agricultural lands, proposed as
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SPECIAL COUNCIL — DECEMBER 20, 2004
December 20, 2004 - 2 - Report No. PL04-135
"Business Park" and "Community Commercial' within OPA 30
East: Highway No. 404 and the Town of "Whitch urch-StouffviIle.
West: Rural residential and rural/agricultural lands, portions of which are
proposed as "Community Commercial' within OPA 30.
Application Background:
Official Plan and Zoning Bylaw: Official Plan Amendment 30, adopted by Council on
March 7, 2000 and subsequently approved by the Region of York on August 11, 2000 and
the Ontario Municipal Board on June 6, 2001 establishes land use designations and
development policies for the Wellington/ Bayview corridor and designates the subject lands
as "Business Park' and "Linear and Other Open Space' The subdivision agreement and
subject Amendment is considered to conform to the Official Plan.
The subject lands are "Business Park (BP) Zone'; `Business Park (H) BP-1 Exception
Zone'; 'Business Park (BP-2) Exception Zone'; "Major Open Space (0-9) Exception Zone'
and "Environmental Protection (EP) Zone" by implementing Zoning By-law 4216-OO.D. as
approved by the Ontario Municipal Board on April 27, 2001.
It is noted that a portion of the northerly State Farm landholding is zoned Business Park
Exception Holding (H) BP-1 Zone which requires that prior to the lifting of H prefix the Town
shall be satisfied that the site plan agreement and any other agreement have been
executed between the owner(s) and the Town.
Draft Plan of Subdivision: On October 22, 2002 Council granted draft plan approval to
the Whitwell/State Farm proposed plan of subdivision. The proposed road network forthe
subdivision consists of a north south collector road, which accesses Wellington Street East
and roughly divides the site into an east and west half along with another road that
provides access to Leslie Street. The following table illustrates the breakdown of the
various uses proposed within the draft plan of subdivision:
Land Use
Lots/Blocks _
Area
Business Park
1,2,3,4,5,8 & 9
53.1 ha. 131.2 acres
Open Space
6 & 7 & 12
7.9 ha. 19.5 acres
Storm Water Ponds
10, 11 &13
4.1 ha. 10.1 acres
Roads
N/A
3.8 ha. 9.4 acres
Total Area
68.9 ha. (170.2 acres)
Proposal:
On September 28, 2004 Council approved the Whitwell Development Limited and State
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SPECIAL COUNCIL — DECEMBER 20, 2004
December 20, 2004 - 3 - Report No. PL04-135
Farm Mutual Automotive Insurance Company Subdivision Agreement and authorized
the Mayor and Clerk to sign the agreements upon payment of all fees and securities in
accordance with Schedules K and L of the Subdivision Agreement (Staff Report PL04-
102)
To date the Subdivision Agreement has not been executed by the Mayor and Clerk and
the plan of subdivision has not proceeded to plan registration primarily because not all
securities have been provided to the Town.
On December 7, 2004 State Farm requested a meeting with staff and has notified the
Town that it needs to proceed with the full development their Canadian Head Office
building site ahead of the Whitwell lands in order to meet both the impending winter
construction season and their tight timelines for building occupancy. In this regard
State Farm has expressed the urgency to commence construction by January 1, 2005.
An amendment to the existing subdivision agreement is required to affect State Farm's
construction needs. The State Farm request is that it be permitted to proceed to
development as an initial or first phase of the plan of subdivision. The executed
Subdivision Agreement provides for phasing.
On December 9 a letter was sent from the Interim Chief Administrative Officer to State
Farm outlining a recommended process detailed a series of issues to be addressed by
both State Farm and Whitwell to have the matter brought forward for Council consideration.
The letter clearly expressed that the existing negotiated and executed Subdivision
Agreement reflects the Town's desire for comprehensive block development. At the same
time, it was recognized that different time frames can apply to different owners. Itwas also
noted that State Farm has made commitments to its employees and to the Town all
deserving of recognition.
In the normal course, to achieve building permits the Town's agreements provide that the
required subdivision agreement and site plan agreements to be executed and fully
secured, that appropriate zoning be in place and that the subdivision be finally approved
and registered.
Staff are not prepared to recommend at this time that the State Farm lands be divorced
from the Whitwell lands, nor do staff understand that to be the purpose or intent of the
request.
Staff advised State Farm that staff are prepared to recommend amendments to the
standard agreement conditions and to the lifting of the holding ("H") zoning control to permit
building permit issuance on the following understanding:
That State Farm will secure 100% of the Stage 1 works necessary to service
its stage of development, (as -shown on Schedule `Ll' of the Amending
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SPECIAL COUNCIL — DECEMBER 20, 2004
December 20, 2004 - 4 - Report No. PL04-135
Agreement), as well as State Farm's joint costs of development under the
Subdivision Agreement;
2. That State Farm will pay all fees as required pursuant to the Subdivision
Agreement and Amendment to the Subdivision Agreement;
3. In addition to proceeding with its own Stage of development, State Farm will
proceed with diligence to effect the registration of the Subdivision Agreement
and Plan in its entirety; and
4. Otherwise maintain the intent and purpose of the Subdivision Agreement.
Staff and State Farm have had a series of follow up discussions to bring this matter
together. The Town has now received the following to allow staff to schedule this matter
for Council consideration:
(a) An executed Subdivision Amending Agreement, including submission of
Administration Fees required therein.
This Amending Agreement includes the acknowledgement of Whitwell that is
supports and will assist in the expedited development of the State Farm
lands without derogation to its interests, including retention by the Town of
existing securities previously submitted by Whitwell and held by the Town.
It adds to the existing executed Subdivision Agreement a new Schedule "T"
providing for phasing of development, and the conditions associated with that
action.
It also maintains the integrity of comprehensive block development by
providing that securities may not be released and occupancy of the State
Farm lands may not be permitted in the absence of diligent efforts to finalize
and register the Subdivision Agreement in its entirety.
Staff are of the opinion that releasing building permits prior to registration is
an unusual action; as such, these incentives to register the Plan, the
Subdivision Agreement and the Subdivision Amending Agreement are
advisable and required. The applicant has agreed.
(b) The provision of additional and amended Securities, to the satisfaction of the
Town, for the Works identified in the new Schedule "T" attached to the
Subdivision Amending Agreement. These securities have been requested
and receipt is expected prior to Council's December 21 consideration of this
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SPECIAL COUNCIL — DECEMBER 20, 2004
December 20, 2004 - 5 - Report No. PL04-135
matter. Execution of the Amending Agreement should await actual receipt,
which is included in the Recommendation section of this report.
(c) Evidence that the Regional Municipality of York is satisfied with the
modification to Works and Services affecting the regional roads engaged by
the Subdivision Amending Agreement.
(d) An executed Site Plan Agreement.
It should be noted that State Farm has already provided all fees as required by the
subdivision agreement and all securities and fees for works covered by the Site Plan
Agreement
On Friday December 17, 2004 State Farm and Whitwell have submitted the executed
Amending Subdivision Agreement and are now seeking Council's approval of the
Amending agreement which will allow final clearance and registration of the subdivision
to facilitate the development of works on the lands and issuance of a building permit for
the State Farm office development.
Comments:
The Whitwell/ State Farm plan of subdivision has been under consideration by the Town
since 2000. The draft plan of subdivision and supporting studies have previously been
reviewed by Town Staff and all external agencies including functional servicing reports
considered acceptable to all departments and agencies. The Amending agreement
incorporates all provisions and security that the entire lands will be developed as the
original Subdivision Agreement has provided, but allows the works to facilitate construction
on the State Farm lands to proceed ahead of the Whitwell lands.
Concurrent Applications:
State Farm have also executed and submitted all fees and securities to the Site Plan
Agreement applying to the lands (File: D11-06-03) this would allow forthe development of
a 14.83 ha (36.64 ac) block for the purposes of a 322,000 sq. ft. office building.
A holding (H) provision currently applies to the Site Plan lands which require that the
subdivision and site plan agreements be executed prior to lifting of the H. The site plan
was considered by Council which granted delegated approval for staff to complete the site
plan agreement. A staff recommendation to consider the lifting of the H provision is also
scheduled for Council consideration on December 21, 2004.
OPTIONS
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SPECIAL COUNCIL — DECEMBER 20, 2004
December 20, 2004 - 6 - Report No. PL04-135
The consideration of development policy issues for this area have previously been
considered and approved by Council through the approval of Official Plan Amendment No.
30, and the implementing zoning bylaw. The draft plan of subdivision and approval of the
Subdivision Agreement has also been approved by Council. Council's approval to execute
the Amending Subdivision Agreement will facilitate the staging of development on the
lands. Sate Farm has expressed its need to commence construction to meet scheduled
occupancy commitments in Aurora. It has expressed a sense of urgency in having building
permits issued by January 1, 2005. The Director of Building Administration is in a position,
subject to applicable law, to issue permit approvals on a staged basis.
FINANCIAL IMPLICATIONS
A total of $186,441.00 in fees and recoveries has been paid by State Farm as a condition
of the execution of the Subdivision Agreement. The resolution before Council requires that
all required securities be provided to the Town prior to the Town executing the Amending
Subdivision Agreement. All securities are expected to be submitted to the Town by
December 21.
CONCLUSIONS
Staff is of the opinion that the applicant has addressed the requirements of the Town in
order to finalize the Amending Subdivision Agreement. It is recommended to Council that
the Mayor and Clerk be authorized to enter into the Amending Subdivision Agreement with
Whitwell/ State Farm, subject to the receipt of all financial payments and securities as
described in the Amending Agreement.
LINK TO STRATEGIC PLAN
The Strategic Plan endorses "continuing well planned moderate growth" and "conservation
of our natural and cultural heritage" in goals C and D. Through the draft plan of subdivision
approval and the registration of the two phases of the plan, the applicant has demonstrated
that this can be achieved.
ATTACHMENTS
Figure 1 - Location Plan
Figure 2 - Draft M-Plan
Figure 3- Schedule U — Stage 1 Works.
Appendix 1 - Amending Subdivision Agreement
PRE -SUBMISSION REVIEW
SPECIAL COUNCIL - DECEMBER 20, 2004
December 20, 2004 - 7 - Report No. PL04-135
Interim Chief Administrative Officer- December 17, 2004
Prepared by. Glen Letman Manager of Development Planning ext, 4346
Sue
Director of Planning
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