AGENDA - Council - 20040309TOWN OF A91811A
COUNCIL
AGENDA
NO.04-08
TUESOAY MUCH 9, 2004
7:00 p.m.
COUNCIL COMBER'
AURORA TOWN HALL
PUBLIC RELEASE
05/03/04
TOWN OF AURORA
COUNCIL MEETING AGENDA
NO. 04-08
Tuesday, March 9, 2004
7:00 P.M. OPEN FORUM — COUNCIL MEETING TO FOLLOW
I DECLARATIONS OF PECUNIARY INTEREST
PUBLIC MEETING
BLOOMINGTON FILL
In accordance with By-law 4242-OO.P being a By-law to
control the dumping of fill and alteration of grades, Council
will hold a public meeting, prior to consideration of the
regular agenda items, at which any person who attends will
have an opportunity to make representation in respect to an
application for a fill permit from numbered companies
1244056 and 1260403 Ontario Limited, Item 1- BA04-003 -
Bloomington Fill.
II APPROVAL OF AGENDA
RECOMMENDED:
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented.
111 ADOPTION OF MINUTES
Council Meeting No. 04-06, Tuesday, February 24, 2004 and Special Council
— Public Planning Meeting No. 04-07, Thursday, February 26, 2004
RECOMMENDED:
THAT the Council Minutes of Meeting Numbers 04-06 as corrected and
04-07 be adopted as printed and circulated.
Council Meeting No. 04-08 Page 2 of 8
Tuesday, March 9, 2004
IV PRESENTATIONS
None
V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
VII DELEGATIONS
Mr. Guy DIBlasl, resident of 6 Ing Court
Re: Item 1 — BA04-003 — Bloomington Fill
(pg• 1)
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:
4515.04-D BEING A BY-LAW to
exempt Part of Lots
16 to 26, Lot 52, Lot
54 to 71, and Lots 89
to 96 on Registered
Plan 65M-3677, 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).
(Royalcliff Homes Inc.)
(pg. 226)
Council Meeting No. 04-08
Tuesday, March 9, 2004
Page 3 of 8
4516.04-D BEING A BY-LAW to (pg. 227)
exempt Part of Lot 3,
Blocks 4, 5 and 7 on
Registered Plan 65M-
3705, in Aurora, from
the Part Lot Control
provisions as provid-
ed in subsection 50
(5) of the Planning
Act, R.S.O. 1990,
c.P.13 (as amended).
(Sierra Homes Aurora Inc.)
4514-04.0 BEING A BY-LAW to (pg. 228)
Confirm Actions by
Council Resulting
From This Meeting -
Tuesday, March 9,
2004.
Xll /N CAMERA
Personnel Matter
RECOMMENDED:
THAT Council proceed In Camera to address a personnel matter.
Xlll ADJOURNMENT
Council Meeting No. 04-08
Tuesday, March 9, 2004
Page 4 of 8
1.
2.
4.
AGENDA ITEMS
BA04-003 — Application under the Fill Control By-law
RECOMMENDED:
(pg. 2)
THAT Council defer consideration of the application until the applicant
(a) demonstrates compliance with the Oak Ridges Moraine Conservation
Plan, OPA 48 and its implementing zoning by-law; and
(b) files the necessary engineering information to permit the evaluation of
the application
And that Council advertise and hold a second public hearing when the
applicant has fulfilled the above conditions.
LS04-012 — Selection of Project Architect for the (pg. 50)
New Recreation Complex
RECOMMENDED:
THAT Council authorize the Mayor and Clerk to sign the Agreement
between the Town and NORR Limited, Architects & Engineers.
LS04-011 — Selection of Project Architect for the (pg. 97)
New Seniors' Centre
RECOMMENDED:
THAT Council authorize the Mayor and Clerk to sign the Agreement
between the Town and WGA Wong Gregersen Architect Inc.
LS04-013 — Public/Private Partnerships (133) (pg. 145)
RECOMMENDED:
THAT Council provide direction to staff.
Council Meeting No. 04-08
Tuesday, March 9, 2004
5.
1
PW04-011 — Award of Tender No. PW-2004-01 - Reconstruction
of Banff Drive, Bigwin Drive and St. Andrew's Court
RECOMMENDED:
Page 5 of 8
(pg. 152)
THAT Tender No. PW-2004-01 the "Reconstruction of Banff Drive, Bigwin
Drive and St. Andrew's Court", be awarded to Direct Underground Inc. at
its tendered price of $988,062.75; and
THAT Council authorize the Mayor and Municipal Clerk to execute the
attached Form of Agreement between the Town of Aurora and Direct
Underground Inc. for the reconstruction of Banff Drive, Bigwin Drive and
St. Andrew's Court.
CS04-006 — Registration of Group Homes
RECOMMENDED:
THAT this report be received for information.
(pg. 164)
7. PL04-026 — Stefano & Rose Polsinelli (pg. 181)
Part of Lot 16, Concession 2 EYS
14575 Bayview Avenue
Zoning By-law Amendment and Subdivision Applications
Files D14-04-01 & D12-01-1A respectively
RECOMMENDED:
THAT Council receive as information the following overview of Zoning By-
law Amendment and Draft Plan of Subdivision Applications D14-04-01 &
D12-01-1A respectively regarding 14575 Bayview Avenue, scheduled for
the April 28, 2004 Public Planning Meeting.
8. PL04-027 — Official Plan Amendment Application (pg. 188)
MI Developments Inc.
Part of Lot 20, Concession II
File D09-01-04
RECOMMENDED:
THAT Council receive as information the following overview of Official
Plan Amendment Application D09-01-04, scheduled for the March 24,
2004 Public Planning Meeting.
Council Meeting No. 04-08
Tuesday, March 9, 2004
Page 6 of 8
9. PL04-028 — Application for Exemption from Part Lot Control (pg. 193)
Sierra Homes (Aurora) Inc.
Lot 3, Blocks 4, 5 & 7, Registered Plan 65M-3705
Burgon Place
File D12-PLC-04-04
RECOMMENDED:
THAT Council approve the request for exemption from Part Lot Control
made by Sierra Homes (Aurora) Inc. to divide Lot 3, Blocks 4, 5 and 7 on
Burgon Place, Registered Plan 65M-3705, into separate lots; and
THAT Council enact By-law 4516-04.D
10. PL04-029 — Application for Exemption from Part Lot Control (pg. 201)
Royalcliff Homes Inc.
Lots 19-26, 52-71 & 89-96, Blocks 4, 5 & 7
Registered Plan 65M-3677
Matson Court, Conover Avenue,
Peterman Street and Starr Cresent
File D12-PLC-03-04
RECOMMENDED:
THAT Council approve the request for exemption from Part Lot Control
made by Royalcliff Homes Inc. to divide Lots 19-26, 52, 54-71 & 89-95,
Blocks 4, 5 & 7 on Matson Court, Conover Avenue, Peterman Street and
Starr Cresent, Registered Plan 65M-3677, into separate lots; and
THAT Council enact By-law 4515-04.D
11. PL04-030 — Whitwell Developments Limited (First Professional) (pg. 209)
Part of Lot 21, Concession 3
Wellington Street and Leslie Street
Official Plan and Zoning By-law Amendment Applications
Files D09-10-03 & D14-28-03 respectively
RECOMMENDED:
THAT Council receive as information the following overview of Official
Plan Amendment and Zoning By-law Amendment applications D09-10-03
and D14-28-03 respectively regarding Whitwell Developments Limited,
scheduled for the April 28, 2004 Public Planning Meeting.
Council Meeting No. 04-08 Page 7 of 8
Tuesday, March 9, 2004
12. Special General Committee Meeting No Quorum Report No. 04-07 (pg. 216)
Thursday, February 19, 2004
RECOMMENDED:
THAT the No Quorum Report of the General Committee Meeting No. 04-
07 be received.
13. General Committee Meeting Report No. 04-08 (pg. 217)
Tuesday, March 2, 2004
RECOMMENDED:
THAT the Report of the General Committee Meeting No. 04-08 be
received and the recommendations carried by the Committee be adopted.
14. Resolution from the City of Vaughan (pg. 223)
Re: Pesticide Use to Combat Asian Long -Horned Beetle
RECOMMENDED:
THAT Council of the Town of Aurora receive and endorse the following
resolution from the City of Vaughan regarding Pesticide use to Combat
Asian Long -Horned Beetle:
THAT Council adopt a resolution to support testing the
effectiveness of Imidacloprid and Dinotefuran in combating tree
infestations of the pest known as'Asian Long Horned Beetle'; and
THAT the test be conducted in conjunction with the City of Toronto,
the Province of Ontario and the Federal government; and
THAT the test be conducted in a contained location; and
THAT the recommended "contained" location for testing purposes
be the courtyard gardens at the Dodge Suites Hotel, located at
3600 Steeles Avenue West in Vaughan; and
THAT staff investigate possible similar resolutions from area
municipalities; and
THAT area municipalities be asked to adopt a similar resolution;
and
Council Meeting No. 04-08
Tuesday, March 9, 2004
Page 8 of 8
THAT staff investigate the feasibility of the proposed test; and
THAT the City Clerk communicate this resolution to area
municipalities, the Region of York, the Province of Ontario and the
Government of Canada;
15. Appointment of Members to the Committee of Adjustment (pg. 225)
RECOMMENDED:
THAT the following applicants be appointed to the Committee of
Adjustment:
Verna Ross
Michael Seaman
Roy Harrington
Frank McGrath
Tony Magliocchi
u Vu i
4 MAR -3 AIO :16
PXJ ,/11A2 ell/ 240 -
000001
AGENDA ITEM #
TOWN OF AURORA
COUNCIL REPORT
SUBJECT: Application under the Fill Control By-law
FROM: Leo J. Grellette, Director of Building Administration
DATE: March 9, 2004
RECOMMENDATIONS
No. BA04-003
THAT Council defer consideration of the application until the applicant:
(a) demonstrates compliance with the Oak Ridges Moraine Conservation Plan,
OPA 48 and its implementing zoning by-law, and
(b) files the necessary engineering information to permit the evaluation of the
application
And that Council advertise and hold a second public hearing when the applicanthas
fulfilled the above conditions.
BACKGROUND
On May 26, 2003 1244056 Ontario Limited, 1260403 Ontario Limited and Vito DiBlasi
(Attachment 1) made an application for a fill permit. The subject lands have been the site
of previous fill activities (Attachment 2).
The activities on site have been the subject of litigation between the Town and the owners.
In October 2000 there was an order by the court to discontinue any further dumping of any
kind until further order of the Court. Town staff are not aware of any further filling activities
onsite since that date.
Council has enacted a new Fill Control By-law in 2001 (Attachment 3); the Oak Ridges
Moraine Conservation Act and accompanying Plan came into force in 2001 and the Town
passed OPA 48 and the implementing zoning by-law in late 2003.
COMMENT
In considering this application Council must be aware of not only the technical
aspects of the application but also the provisions of:
X=_
March 9, 2004 - 2 - Report No. BA04-003
• the Fill Control By-law;
• the Oak Ridges Moraine Conservation Act and Plan; and
• OPA 48 and the accompanying zoning by-law.
Engineering
The services of Brian Larkin of Cansult, Engineers and Project Managers, were engaged to
review the application. Mr. Larkin has concluded that there is additional engineering work
required to substantiate the issuance of a permit (Attachment 4).
Mr. Larkin confirmed that previously placed fill has encroached into environmentally
protected areas under the ORM legislation and that a number of environmental areas have
been eliminated. The somewhat dated Provincial ORM mapping demonstrates that
environmental features have already been altered on the site.
Mr. Larkin has suggested that the proposed site rehabilitation should include provisions for
erosion and sediment control, appropriate surface treatment for the prevention of erosion
during wet weather construction activity and provide for the restoration of original natural
drainage patterns that were identified under the ORM Conservation Plan.
Mr. Larkin further encourages a concurrent evaluation of the environmental impacts that
may result from site rehabilitation including hydrology, hydrogeology and flora and fauna
impacts. This recommendation is consistent with the requirements of the Town of Aurora's
current Fill Control By-law.
In addition Mr. Larkin suggest that slopes be stabilized to 4 horizontal and 1 vertical, that a
10 metre buffer be provided adjacent to significant features, that existing fill be reduced to
an elevation of 309.0 metres and that all areas be hydro seeded and planted. Mr. Larkin
suggests that lowering the existing fill to an elevation of 309.0 metres will provide sufficient
on site material to regrade the lands so as to provide adequate drainage. A qualified
consultant should closely monitor any activity.
Mr. Larkin states that the plans are weak in presenting any proposal to rectify previously
filled drainage patterns, means to ensure proper drainage within the site and maintain
drainage from offsite as well as noting that the proposed grades do not match the existing
grades on the site.
The plan does not indicate a means for providing erosion protection and sediment control.
Mr. Larkin also notes that the grades adjacent to Bloomington may be excessive, slopes
should be flattened to 4 horizontal to 1 vertical and that proposed vegetation should be
enhanced adjacent to existing wood lots and wetlands.
Fill Control By-law
The general prohibitions under section 6 of the Fill Control By-law are not intended to fetter
660603
March 9, 2004 - 3 - Report No. BA04-003
or foreclose the permit granting power contemplated by the by-law. Section 6(9) of the by-
law is instructive and the provision institutes an effective prohibition and review
mechanism. The provision reserves to Council discretion to grant or deny a permit on a
case by case basis for those applications outside the urban boundary.
On November 18, 2003 the applicants were advised of the requirements of the Fill Control
By-law which were lacking in their application(Attachment 5). In response Mr. DiBlasi
indicated that the Town has all this information as a result of prior dealings (Attachment 6).
Cansult Limited set out a number of areas of the Town's by-law that are not addressed in
the application the most notable being the failure to address section 11.1. While the
applicant has responded that this is not applicable, this is the section of the by-law that
requires the engaging of engineering and environmental consultants to provide for the
monitoring of site works, soils monitoring, an environmental control program and the
submission of an environmental impact study, all of which is a requirement prior to the
issuance of a permit.
While the Chief Building Official (CBO) may consider the application it rests with Council to
authorize by by-law any exemption. The CBO may exercise authority to require plans and
securities to ensure alteration requests and remedial measures are sufficient and suitable
for the circumstances. The issuance of a permit is contingent upon the holding of a public
meeting and Council's consideration.
In reviewing the application it is apparent that information is lacking and that the applicant
has not adequately addressed all the issues set out in the Fill Control By-law. Concerns
were raised by residents during previous filling operations related to noise, hours of
operation, dust, soils monitoring and a definitive termination deadline may continue to
present a problem, as these concerns are not addressed in the application.
The applicant can appeal to the Ontario Municipal Board if:
■ the municipality refuses to issue a permit within 30 days after the refusal;
■ the municipality fails to make a decision on the application, within 45 days after the
application is received; or
• the applicant objects to a condition in the permit, within 30 days after the issuance of
the permit.
Oak Ridges Moraine
Section 7(2) (b) of the Oak Ridges Moraine legislation states that no municipality may pass
a by-law for any purpose that conflicts with the plan. A by-law to permit a fill permit that
might otherwise conflict with the ORM Conservation Plan would be prohibited. This
potential for conflict requires the application to be reviewed with regard to three factors
namely: the policies of the plan, the land use designation of the plans and the restrictions
and regulatory provisions of the plans.
A fill permit approval should only occur where the application conforms to the applicable
March 9, 2004 _ - 4 - Report No. BA04-003
land use provisions, restrictions and regulations on the use of land within the designations
of the plan, and demonstrably meets the test to maintain, improve or restore a plan feature.
As the subject lands to which the application applies contain features identified by the plan
it is open for Council to insist upon a proposal that implements their protection and
betterment.
Furthermore the application does not address the requirements of the Oak Ridges Moraine
Conservation Plan nor does it contain any environmental proposals directed to improving
or bettering the features identified in the ORM Conservation Plan. These requirements are
further based on the Town of Aurora's By-law 4469-03.D providing for the protection of
lands within the ORM particularly those lands designated as RU-ORM and lands within key
significant features.
This directly impacts the lands in question, which are located within the ORM in lands
designated as Natural Linkage Areas and Countryside Areas.
Natural Linkage Areas:
12. (1) The purpose of Natural Linkage Areas is to maintain, and where possible improve or restore,
the ecological Integrity of the Plan Area, and to maintain, and where possible improve or restore,
regional -scale open space linkages between Natural Core Areas and along river valleys and stream
corridors, by,
(a) maintaining, and where possible improving or restoring, the health, diversity, size, and connectivity
of key heritage features, hydrologically sensitive features and the related ecological functions;
(b) maintaining, and where possible improving or restoring natural selfsustaining vegetation over large
parts of the area to facilitate movement of plants and animals;
(c) maintaining a natural continuous east -west connection and additional connections to river valleys
and streams north and south of the Plan Area;
(d) maintaining the quantity and quality of groundwater and surface water;
(e) maintaining groundwater recharge;
(f) maintaining natural stream form and flow characteristics; and
(g) protecting landform features.
Countryside Areas:
13. (1) The purpose of Countryside Areas is to encourage agricultural and other rural uses that
support the Plan's objectives, by,
(a) protecting prime agricultural areas;
(b) providing for the continuation of agricultural and other rural land uses and
normal farm practices; and
(c) maintaining the rural character of the Rural Settlements
OPA 48 identifies that the lands contain Key Natural Heritage Features. These features
include Woodlands, Watercourses, Water Bodies and Wetlands (Attachment 7). The lands
are also identified within Category 1 — Complex Landform, an are of High Aquifer
Vulnerability and partially within a 10-25 year Wellhead Protection Area.
The lands are zoned "Rural (RU-ORM) Zone" within Zoning By-law No 4469-03.D, being a
by-law to bring the Town of Aurora Zoning By-law into conformity with the Oak Ridges
Moraine Conservation Plan. The RU-ORM permits only existing uses as follows:
V OCI 05
March 9, 2004 - 5 - Report No. BA04-003
RU-ORM 34.1 Permitted Uses
Notwithstanding any other provisions of this By-law to the contrary, where a Zone symbol is followed
by the letters "ORM", no person shall use the land, (including expanding, enlarging or otherwise
altering an existing use, building or structure), for any use other than a use existing as of November
15, 2001, without an amendment to this $y-law in accordance with the policies of the Official Plan, the
Oak Ridges Moraine Conservation Plan, the Oak Ridges Moraine Conservation Act, 2001, and the
Planning Act, as amended.
The purpose of this zone is to ensure that no development or site alteration occurs without
an amendment to the by-law to ensure that the ecological integrity of the Moraine is
protected in accordance with the provisions of the Oak Ridges Moraine Conservation Plan.
In order to ensure that the ecological integrity is protected the applicant would have to
address all the provisions of the Oak Ridges Moraine Conservation Plan.
OPTIONS
Council could defer consideration of this application until compliance with the ORMC
Plan, OPA 48 and its implementing by-law have been demonstrated and additional
engineering information requested has been provided. Once these requirements are
met Council can hold a second public meeting. The applicant can appeal this matter at
anytime as more than 30 days have transpired since the date of the original application.
• Council could deny the request. The applicant can than appeal to the OMB.
• Council could direct staff to issue a permit without conditions. Until demonstration of
compliance with the ORMC Plan Council would be at risk of a proceeding against the
Town for enacting a by-law in contravention with the Plan.
• Council could direct staff to issue a permit with conditions. Staff would have to prepare
a further report on the appropriate conditions.
CONCLUSIONS
The application is not complete and does not comply with the legislative provisions
governing activity on the site.
FINANCIAL IMPLICATIONS
Funds have been spent on retaining the necessary experts to date and if this matter
proceeds to the Ontario Municipal Board additional resources will be required to retain
external legal counsel and experts to testify before the Board.
GQ0006
March 9, 2004 - 6 - Report No. BA04.003
LINK TO STRATEGIC PLAN
Conserving Aurora's natural heritage
ATTACHMENTS
Attachment 1 — May 26, 2003 Letter from Mr. DiBlasi
Attachment 2 — Site Map
Attachment 3 — Fill Control By-law 4242-OO.P
Attachment 4 — B. Larkin Report dated November 17, 2003
Attachment 5 — November 18, 2003 Letter to Mr. DiBlasi
Attachment 6 — December 29, 2003 Letter from Mr. DiBlasi
Attachment 7 — Oak Ridges Moraine Mapping
PRE -SUBMISSION REVIEW
Management Team Meeting — February 25, 2004
Prepared by: Leo Grgette, ext. 4748
Leo J. Grell6tte
Director of Building Administration
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BUIL llNO 0&PAF1TtacNT
9� Er.EtVED
MAY 21 2003
iNMALs
3v'00
May 26, 2003
"Hand Delivered"
Town Of Aurora
100 John West Way
Aurom, Ontario LAG 6J7
Attn: Mr. Leo Grellette, Director, Building Administration
Dear Sir:
Enclosed herein is our application for a Fill Permit with respect to the above captioned
location. This is to continue the fill operation which originally began in 1990, and for
which we had already been granted three Permits; June 1997 # 1997-014-0371,
December 1998 # 98-A-574 / 99-A-168 and the third covering August 18, 2000 to
December 15, 2000.
In addition to this Permit Application, we are also applying to be exempt from the
conditions of the new Bylaw No. 4242.0OT, in particular Paragraph # 9. Please notify the
writer if a separate application for the exemption of the new Bylaw number is necessary.
We also enclose the following documents in support of our new Application
1) Permit Fee in the amount of $500.00
2) Original Plan and letter dated August 28, 1997 which is self-explanatory
3) Plan done by Delph & Jenkins Ltd. On January 12, 2000 and issued January
17,2000, the plan shows the land still remaining to be filled , marked in three
colours by Brian Whitehead and shows the exact edge of the fill. CThis was
done in direct co-operation with the York Region Conservation Authority, and
Mr. G. Mont.)
4) Plan showing final grading upon completion of fill operation
ATTACHMENT I. May 26, 2003 Letter from Mr. D181asi
-2-
The current state of the property, as you are already aware, is very unseemly and leaves
much to be desired; quite unsuitable for any useful purpose.
We have nonetheless, always paid our property taxes to the Town of Aurora, although
they continue to be quite exorbitant, and we can't reap any of the benefits, which comes
with, being a landowner. The property cannot even be farmed in its present state.
This is why we are hoping our Application will be met with a favorable result, and
ultimately we can work to restore this land to a condition where it is rendered beneficial
not only for ourselves, but for the Town of Aurora and future generations.
In fact, after the fill is completed we will have a very useful 156 acres of land that may be
used as follows:
1) 50 Acres — Farming or Residential
2) 50 Acres — Residential
3) 20 Acres Commercial (corner of Leslie & Bloomington)
4) 36 Acres Industrial (also good for sport dome, nursing home etc)
We appreciate you co-operation and look forward to a response at the earliest
convenience.
Yours truly,
Encl.
c.c. Hon Tim Jones, Mayor, The Town of Aurora
Larry Allison, Chief Administration Officer