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Agenda - Council - 20060912
COUNCIL AGENDA NO.06-24 TUESDAY, SEPTEMBER 12, 2006 too P.M. COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE 08/09/06 TOWN OF AURORA COUNCIL MEETING AGENDA NO. 06-24 Tuesday, September 12, 2006 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST H APPROVAL OFAGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented, Ill OPEN FORUM 1V ADOPTION OF MINUTES Council Minutes of August 22, 2006, Meeting Number 06-23 RECOMMENDED: THAT the Council Minutes from Meeting Number 06-23 be adopted as printed and circulated. Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 2 of 17 V PRESENTATIONS (a) Mayor Jones to present plaques to the following participants in the Anti -Litter Poster contest: ➢ Master Eric Oh - Winner - Regency Acres P.S. ➢ Maurice Wei - Finalist - Regency Acres P.S. ➢ Meghan Buck - Finalist - Regency Acres P.S. ➢ Joseph Lill - Finalist - Regency Acres P.S. ➢ Christiana Carmosino - Finalist - Regency Acres P.S. ➢ Sarah Arksey - Finalist - Regency Acres P.S. ➢ Alexandra Yazdani - Finalist - Foundations Private School ➢ Natassia Lambrou - Finalist - Holy Spirit P.S. ➢ Chelsea Cheung - Finalist - Foundations Private School VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Vlll NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS 1X DELEGATIONS (a) Ms Susan Sellers, Web and Communications Specialist, Town of Aurora Re: New Town of Aurora Website (b) Mr. Bruce Milburn, MI Developments Inc. Re: Item 416) - PW06-047 — Request for Topsoil pg. D-1 Removal Permit — MI Developments Inc. Aurora North Subdivision X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION XI REGIONAL REPORT Council Meeting No. 06-24 Page 3 of 17 Tuesday, September 12, 2006 XII READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4841-06.D BEING A BY-LAW to exempt Blocks 37 to 45 inclusive and Block 47, Plan 65M-3850, 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., File D12-PLC-02-06) 4843-06.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning Bylaw of the Town of Aurora. (File D14-23-00 - Mattamy (Aurora) Limited) 4845-06.R BEING A BY-LAW to Designate a certain property as being of Historic and/or Architectural Value or Interest "Elmwood Lodge: The Reuben J. Kennedy House 15032 Yonge Street" 4846-06.R BEING A BY-LAW to Designate a certain property As being of Historic and/or Architectural Value or Interest 'The W. Lewis Stephens House 97 Wells Street' •• : •• N : 5 1111 Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 4 of 17 4847-06.R BEING A BY-LAW to Designate a certain property As being of Historic and/or Architectural Value or Interest "The Enos Lundy House 938 St. John's Sideroad" 4848-06.R BEING A BY-LAW to Designate a certain property As being of Historic and/or Architectural Value or Interest "The Roderick and Ethel Smith House 88 Wells Street" 4849-06.R BEING A BY-LAW to Designate a certain property As being of Historic and/or Architectural Value or Interest "The Pugh House 106 Wells Street" 4850-06.R BEING A BY-LAW to Designate a certain property As being of Historic and/or Architectural Value or Interest "The Radial Railway Bridge Abutment 520 Industrial Parkway South" 4851-06.R BEING A BY-LAW to Designate a certain property As being of Historic and/or Architectural Value or Interest "The Walter Grice House 89 Wells Street" 4785-063 BEING A BY-LAW to amend Parking By-law 4574-043, as amended, with respect to parking on Rush Road (deferred from August 22, 2006 Council) pg. B-13 roxelm pg. B-23 •• : 1 Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 5 of 17 4852.06.0 BEING A BY-LAW to pg. B-31 confirm actions by Council resulting from meeting 06-24 of September 12, 2006. Xll1 CLOSED SESSION None X1V ADJOURNMENT Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 6 of 17 AGENDA ITEMS Correspondence from Mr. C. Simpkin and Mr. D. Moore pg. 1 Re: Item 4(3) - Memo from the Chief Administrative Officer List of Outstanding Issues Pertaining to Library Square RECOMMENDED: THAT the correspondence from Mr. C. Simpkin and Mr. D. Moore pertaining to Item 4(3) — General Committee Meeting Report No. 06-14 from Tuesday, September 5, 2006 — Memo from the Chief Administrative Officer regarding a list of outstanding issues pertaining to Library Square, be received for information. Memo from the Director of Corporate Services pg. 3 Re: Item 4(19) - PL06-111 — Application for Minor Site Plan Approval Regional Municipality of York — Bathurst St. Reservoir RECOMMENDED: THAT the memo from the Director of Corporate Services regarding Item 4(19) of this agenda - PL06-111 — Application for Minor Site Plan Approval Regional Municipality of York — Bathurst St. Reservoir be received for information. 3 Correspondence from Councillor Buck pg. 8 Re: Item 4(26) - Memo from the Director of Public Works Regarding Northeast Quadrant Traffic Calming Plan — Dillon Consultant Report RECOMMENDED: THAT the correspondence from Councillor Buck regarding the Dillon Consultant Report, in relation to the Northeast Quadrant Traffic Calming Plan, be received for information. Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 7 of 17 4 General Committee Meeting Report No. 06-14 pg. 12 Tuesday, September 5, 2006 RECOMMENDED: THAT the Report of the General Committee Meeting No. 06-14 be received and the recommendations carried by the Committee be adopted. 5 Proposed Motion from Councillor Gaertner pg. 24 Re: York Region Food Network (deferred from August 22, 2006 Council) RECOMMENDED: WHEREAS the York Region Food Network statistics show a 38% increase in food bank use between 2001 and 2005; and WHEREAS families with children are a major beneficiary of food bank services; and WHEREAS use by seniors has almost doubled since 2001; and WHEREAS there are many additional agencies in York Region providing emergency food assistance; and WHEREAS there are many more people having difficulty accessing food, going hungry or at risk of going hungry than can be estimated using food bank statistics; and WHEREAS Municipalities have the responsibility to protect the health and well-being of their citizens; BE IT NOW RESOLVED THAT the Town of Aurora urges the Provincial Government to commit money to support food security programs for the purpose of defeating hunger; and THAT the Provincial Government provide desperately needed affordable housing, funds to maintain existing affordable housing, new money that doesn't involve claw backs from current programs and a sustainable Provincial minimum wage; and THAT this resolution be forwarded to the other York Region Municipalities and the Association of Municipalities in Ontario (AMO) for their endorsement. Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 8 of 17 6. Correspondence from the Town of Newmarket pg. 26 Re: Development Charges Act Reform RECOMMENDED: THAT the Council of the Town of Aurora receive and endorse the following recommendation from the Town of Newmarket: WHEREAS the last update of the Development Charges Act 1997 was nine (9) years ago; AND WHEREAS the current Development Charges Act does not permit the collection of development charges to fund growth related capital costs for the following services which were previously eligible under the old Act; ➢ Hospitals; ➢ Headquarters for municipal administration; ➢ Computer equipment; ➢ Cultural facilities such as museums, theatres and art galleries; and ➢ Waste management services AND WHEREAS the current Development Charges Act requires a mandatory 10% reduction in the charge for growth related "soft services" such as community centres, libraries and parks; AND WHEREAS the requirement in the current Development Charges Act to collect based on the average service level over the previous 10 years is too restrictive and creates practical calculation and implementation issues; AND WHEREAS the current Development Charges Act does not adequately provide for solutions to meet the challenges of growth that evolve over time (i.e. transportation through subways and forms of higher order transit); AND WHEREAS the Province indicated to the Municipal Finance Officers' Association of Ontario (MFOA) in August 2005 that a review of the Development Charges Act would commence in the near future; Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 9 of 17 AND WHEREAS the growth related capital costs are significant, growth continues to occur and growth should pay for growth; THEREFORE BE IT RESOLVED by the Municipal Council of the Corporation of the Town of Newmarket as follows: THAT the Council of the Town of Newmarket requests the Province of Ontario to immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues noted above and other concerns that may be raised by the municipal sector; AND THAT said resolution be forwarded to the Premier of Ontario and the Ministers of Finance and Municipal Affairs and Housing, Julia Munro MPP, the Municipal Finance Officers Association of Ontario, the Association of Municipalities of Ontario, York Region and the local municipalities of York Region. 7. PL06-110 - Proposed Plan of Subdivision and Implementing pg. 29 Zoning Bylaw Mattamy (Aurora) Limited Formerly Quaker Lundy Farms Part of Lot 25, Concession 2 EYS Files D12-00-8A and D14-23-00 RECOMMENDED: THAT the proposed Plan of Subdivision D12-00-8A prepared by Malone Given Parsons Ltd., dated June 1, 2004 and revised September 6, 2006, be draft approved subject to the Conditions of Draft Approval attached as Appendix "A" being fulfilled prior to final approval; and THAT a total of 73 units of sewage and water capacity be allocated to the Mattamy (Aurora) Limited draft plan lands provided that the owner enters into a 'no sales agreement' with respect to the Phase 2 lands comprising of 40 units; and THAT the Mayor and the Clerk be authorized to execute the 'no sales agreement' with Mattamy (Aurora) Limited; and THAT pursuant to Section 34 (17) of the Planning Act Council has determined that a further public meeting is not required to consider an additional .13ha (.31 ac) parcel of land, which has been conveyed to Mattamy (Aurora) Limited, and now within the implementing Zoning Bylaw area for the subject lands; and Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 10 of 17 THAT draft implementing Zoning Bylaw Amendment No. 4843-06.D be approved by Council. 8. Recommendation from Councillor Morris pg. 102 Re: Citizen Initiative to Conserve Energy and Control Escalating Energy Costs (Notice Provided at September 5, 2006 General Committee) RECOMMENDED: WHEREAS in a democracy people must be permitted to make free economic choices to manage their energy costs and take such reasonable steps as consumers as they believe will protect their quality of life through conservation and protection of the environment; and WHEREAS natural gas and electricity prices are soaring and creating economic hardship for some Aurora citizens and a growing number of Canadians; and WHEREAS many experts and individuals believe that unnecessary energy use is a factor in the deterioration of the quality of Earth's environment with a consequent threat to our quality of life; and WHEREAS our local electrical utility, POWERSTREAM, and HYDRO ONE have repeatedly stated the pressing need for electricity supply and conservation in order to address the rising demand for energy created by the growth of our community; and WHEREAS Mr. Peter Love — Ontario's Chief Energy Conservation Officer is warning that in Ontario we can no longer take our energy supply for granted and further is also urging all Ontarians to save energy, and to that end, has issued a personal and friendly challenge to all Ontarians to reduce their electricity use by 10% by the year 2007 and is asking all Ontarians to think about how they use energy everyday, and find new ways to conserve it; and WHEREAS the Town of Aurora's Strategic Plan (Goal B) promoting a sustainable community lists as an objective in B1, "Plan for the future to continue controlled and well -planned growth by continuing to ensure that policies and by-laws for developments are sensitive to the environment"; and WHEREAS Goal C of the Town of Aurora's Strategic Plan, also promotes a healthy environment that fosters social and physical well-being by developing strategies to encourage stewardship of Aurora's air, water, and physical well-being by expanding education and awareness programs relating to energy conservation practices on public and private properties, Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 11 of 17 and continuing to research, develop and promote electricity innovation measures; and WHEREAS , during an EAC meeting devoted to identifying things citizens could do to protect the environment in a sustainable way, a local citizen, Mr. Robert Cooke, who is a member of Aurora's EAC, Environmental Advisory Committee, initiated the idea of outdoor laundry drying being allowed, as an appropriate conservation and energy cost saving measure; and WHEREAS the Town of Aurora also finds that it is deemed economically and environmentally prudent to find ways to reduce energy consumption not only in Aurora but across the Province; and WHEREAS there are numerous restrictive land use covenants being entered into between developers and home purchasers that may counter the Town's and the Province's energy efficiency and cost savings initiatives for individual homeowners; and WHEREAS the Ontario Energy Board's website advises consumers how to cut their energy cost including a tip that they, "Consider using a clothesline to dry laundry"; and WHEREAS the Conservation Council of Ontario is actively promoting the use of clotheslines via their "Lighten Up" Campaign and advising that air drying laundry, even a couple of loads a week, can save up to 50 kwh a month; and WHEREAS the Ministry of Energy's website recommends consumers to "Get some fresh air! Consider using a clothesline to dry your laundry"; and WHEREAS according to the Ontario Energy Board, the use of tumble dryers account for approximately 6% of hydro usage; and WHEREAS the Ontario Ministry of the Environment (MOE) website states that "The Ministry has been protecting Ontario's environment for over 30 years through the use of stringent regulations, targeted enforcement and a variety of innovative programs and initiatives"; and WHEREAS the MOE website also states that "the Ministry has shown that they are taking steps to address environmental issues that have local, regional and/or global effects'; and WHEREAS changes in public appreciation of the aesthetic, economic and environmental advantages of drying laundry outdoors, creates a risk, that could lead to potentially thousands of civil actions being brought, in the legal system by home owners seeking to clear restrictive covenants from Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 12 of 17 titles involving existing and defunct builders and land development companies, at considerable expense to all involved, including taxpayers; and WHEREAS, to address today's economic and energy challenges, the Province of Ontario has already introduced Legislation entitled "The Energy Conservation Leadership Act, 2006" ; and WHEREAS The Energy Conservation Leadership Act, 2006 received Royal Assent on March 28, 2006; and WHEREAS The Energy Conservation Leadership Act, 2006 (the Act) empowers the Province to remove barriers to conservation, or to promote opportunities for conservation, by enabling or mandating specific conservation technologies; and WHEREAS it is recognized that the Act, 2006 has not at this time, come into full force and effect as it still requires Proclamation by the Lieutenant Governor; and WHEREAS the Province states in the Act that "In order to assist in the removal of barriers and to promote opportunities for energy conservation, the Lieutenant Governor in Council may, by regulation, designate goods, services and technologies. 2006, c. 3, Schedule A, s. 3 (1)"; and WHEREAS in order to assist and expedite the removal of barriers and to promote opportunities for energy conservation, for the citizens of Aurora and Ontario: NOW THEREFORE BE IT RESOLVED THAT: The Town of Aurora petition and urge, The Premier of Ontario, The Honourable Dalton McGuinty and the Province of Ontario to take the necessary steps to expeditiously proclaim the Energy Conservation Leadership Act, 2006; AND FURTHER THAT The Province of Ontario be petitioned and urged to expeditiously designate clotheslines, by Regulation, as a goods, service and / or technology, under section 3.1 of the said Act, in order to permit the use of clotheslines in such circumstances as may be prescribed, despite any restriction imposed at law that would otherwise prevent or restrict their use; AND FURTHER THAT the Town of Aurora petition the government of Ontario to begin the process to review restrictive land -use covenants for the purposes of identifying and making null those that are unreasonably contrary to its energy saving objectives and specifically contrary to the intent of the Energy Conservation Leadership ACT, 2006; Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 13 of 17 AND FURTHER THAT this resolution be circulated, with a request for comment and endorsement, to: The Premier of Ontario, The Honourable Dalton McGuinty The Minister of Energy The Minister of Environment The Minister of Municipal Affairs and Community Housing AMO FCM Region of York area Municipalities POWERSTREAM Greater Toronto Homebuilders Association Hydro One Networks York Region Environmental Alliance Mr. Robert Cooke, Citizen Member of Town of Aurora, EAC Conservation Council of Ontario Chief Energy Conservation Officer, Province of Ontario, Manager Climate Change Campaign Program - WWF of Canada Commissioner of the Environment and Sustainable Development Executive Director, Project Laundry List AND FURTHER THAT the Town Clerk/Director of Administration, be directed to monitor and circulate the replies to Council Members and report back as they occur, at least up to and including the meeting of Council scheduled, for October 17, 2006 . 9. Aurora Historical Society/Church Street School Resolution pg. 107 RECOMMENDED: WHEREAS the Town of Aurora is currently without a museum facility; and WHEREAS the Aurora Historical Society has been working on an aggressive plan to renovate the existing Church Street School into the Aurora Heritage Centre which would include a museum; and WHEREAS substantial money has been invested in Church Street School to bring it to its current state of renewal; and WHEREAS the building is without doubt the town's most significant heritage asset and is within public ownership; and WHEREAS completion of the restoration is dependent upon the success of the Aurora Historical Society's fund-raising efforts; and Council Meeting No. 06-24 Tuesday, September 12, 2006 Page 14 of 17 WHEREAS it is in the entire community's interest to have this resource available within the foreseeable future; and WHEREAS Goal B of the Town of Aurora Strategic Plan states in part "Promote a sustainable community that respects its historic culture and character .... and embraces ... renewal ..."; and WHEREAS Objective 2B of the Town of Aurora Strategic Plan states "Promote and market the beauty and uniqueness of the historic and natural areas throughout Aurora" NOW THEREFORE BE IT RESOLVED that the Town provide additional resources to complete the renewal within three years; and FURTHER that the Town designate Church Street School as the Aurora Heritage Centre by by-law; and FURTHER that the current lease with the Historical Society be reviewed and possibly amended to achieve the goal of completing the project within the 3 year time frames; and FURTHER that staff assist the Historical Society to complete the project; and FURTHER that regular progress reports be provided for Council's information and that Council establish an appropriate budget that would eventually be funded from the sale of surplus Town lands; and FURTHER that this matter be given priority by staff so there is no misunderstanding about the resolution of Council to deal with it within the current term. 10. EDAC06-07 — Economic Development Advisory Committee pg. 109 Meeting — July 19, 2006 RECOMMENDED: 1. THAT the Committee Record of the Economic Development Advisory Committee Meeting 06-07 held on July 19, 2006 be received as information and the following recommendations of the Economic Development Advisory Committee be endorsed: 2. Previous Minutes THAT the Minutes of Meeting Number 06-06 held on Wednesday, June 21, 2006 be adopted. Council Meeting No. 06-24 Page 15 of 17 Tuesday, September 12, 2006 3. Memorandum from the Economic Development Officer Follow-up Report to the Breakfast Meeting held on June 14, 2006 with the Downtown Merchants THAT the memorandum from the Economic Development Officer regarding a follow-up report to the breakfast meeting held on June 14, 2006 with the downtown merchants be received for information. 4. FS06-024 — Whitwell Donation THAT consideration be given to using the Whitwell Development donation to establish a Reserve Fund to be used as a Seed Fund for matching grants for businesses in the downtown Business Improvement Area. 5. Memorandum from the By-law Services Co-ordinator Vacant Properties on Yonge Street THAT the verbal report and memorandum from the By-law Services Co- ordinator regarding vacant properties on Yonge Street be received for information. 6. Yonge Street Commercial Area Sub -Committee 1. THAT the By-law Services Co -coordinator be invited to attend the Sub -committee's August meeting to address concerns of the committee with regard to vacant Yonge Street properties; and 2. THAT the Aurora Horticultural Society be permitted to install signage at all locations where they have installed plantings and where they maintain planters/baskets; and 3. THAT the Sub -committee follow-up on a possible wall mural for the east wall of the Bacon Basketware building; and 4. THAT the Town install signage on Yonge Street at the northern boundary indicating the Industrial Parkway bypass, similar to the signage at the southern boundary; and 5. THAT Council immediately acknowledge the donation of 2 units of 3 -Stream waste receptacles to the Town, made by Midpoint International (Feb. 06). 6. THAT staff approach the owner of the old community center property on Yonge Street to investigate options for an urban park with capability of overflow parking for the library. Council Meeting No. 06-24 Page 16 of 17 Tuesday, September 12, 2006 7. Memorandum from the Director of Financial Services Budget Report to June 30 2006 THAT the memorandum from the Director of Financial Services regarding the Budget Report to June 30, 2006 be received for information; and THAT the Economic Development Officer follow up with Financial Services regarding the reduction of the Economic Development Advisory Committee budget. 8. EDAC06-006 - Community Entry Signage Strategy THAT the Economic Development Advisory Committee endorse the strategy outlined in Report EDAC06-006, dated July 19, 2006, regarding Community Entry Signage, as proposed by the Economic Development Division. 9. Memorandum from the Economic Development Officer Offer to Sell Town of Aurora Lands to York Region for a York Regional Police Facility, Part Lot 19, Concession 3, Town of Aurora (15059 Leslie Street) THAT the memorandum from the Economic Development Officer regarding the offer to sell Town of Aurora lands to York Region for a York Regional Police Facility, be received for information. 10. Memorandum from the Economic Development Officer The Town of Aurora's Sponsorship of the Aurora Chamber of Commerce Business Achievement Awards Event THAT the Town of Aurora purchase the Gold Level sponsorship for the Aurora Chamber of Commerce Business Achievement Awards event. 11. Memorandum from the Economic Development Officer Business Wisdom Exchange Program THAT the memorandum from the Economic Development Officer regarding the Business Wisdom Exchange Program be received for information. 12. York Region's Economic & Development Review 2005 Report THAT York Region's Economic & Development Review 2005 Report be received for information. Council Meeting No. 06-24 Page 17 of 17 Tuesday, September 12, 2006 13. Copy of Correspondence to the Ontario Municipal Board THAT the correspondence to the Ontario Municipal Board be received for information. 14. PW06-034 — Northern 6 Municipalities Joint Waste Collection Contract Referred for information from July 10, 2006 Council Meeting THAT the Director of Public Works be requested to attend the September 20, 2006 meeting of the Economic Development Advisory Committee to present an overview of Report PW06-034. 11. Correspondence Regarding Library Square pg. 119 (Request from Councillor Kean to be added to agenda) RECOMMENDED: THAT the correspondence from Ms Evelina MacEachern be received for information. COUNCIL - SEPTEMBER 12, 2006 Delegation (b) Clark, Carol From: Ewart, Karen Sent: Friday, September 08, 2006 10:49 AM To: Clark, Carol; Jackson, Wayne Subject: FW: Next Tuesday's Council Meeting -----Original Message ----- From: Bruce_Milburn@midevelopments.com Sent: September 8, 2006 10:36 AM To: Ewart, Karen Subject: Next Tuesday's Council Meeting Please add my name to make a deputation to Council with respect to General Committee Report No. PW06-047. Thank -you. Bruce Milburn K. Bruce Milburn Vice -President, Real Estate and Legal Counsel MI Developments Inc. 455 Magna Drive Aurora, Ontario L4G 7A9 Tel: 905 726-7615 Fax: 905 713-6332 CONFIDENTIALITY NOTE: This message contains information that is CONFIDENTIAL AND LEGALLY PRIVILEGED, or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby NOTIFIED that any dissemination, distribution, retention, archiving, or copying of this communication is strictly prohibited. If you have received this email in error, please notify me at the telephone number shown above or by return mail and delete this communication and any copy immediately. Thank you. 9/8/2006 D -1 COUNCIL — SEPTEMBER 12, 2006 AGENE)AITEIA# Panizza, Bob From: Phyllis Morris Sent: Thursday, Sep am er 06 : 6 A To: Panizza, Bob Cc: AIICcunclllors Subject: Library Square Dear Bob Please would you place the following Councils September 12th. agenda for consideration along with Item $ Sth 20D6. Sincerely, Councillor Phyllis Morris e-mails from Mr. C.Simpkin & Mr. D. Moore on to - of the General Committee Meeting held on September Sent: Friday, July 07, 2006 5:10 PM To: nigelkeaneacl.com; rwall9999Qaol.com; billhcgg®auroraccuncil.ca; Phyllisuphyllismorris.net Subject: Library Square Councilors, (please pass to other members as I do not have their address) The other evening I watched the replay of last week's council meeting. The discussion surrounding Library Square and the parking was not only painful but frustrated me. Pulling dawn buildings to provide parking spaces I find distasteful and wasteful. Structures such as the old library could be used by numerous organizations within our community. Here is a suggestion, perhaps it has been considered but I did not hear it during the discussion. Has anyone suggested "Angle Parking" an the road beside the Library? I'm not sure but I'm guessing that is Church Street. If Church Street was made one-way for Yonge (going east) up to the junction (Victoria/Gurnett) and to continue to Mosley Street half of the road could become angled parking all the way around that block. I'm not a town planner but I bet that would end up with more spaces than pulling down one of the building. Another thought crossed my mind "why not change for parking?" I'm sure there would be a few voice objecting to that, but has it been considered? Owning and driving a vehicle is a luxury and parking freely at your destination is not a right granted with a vehicle permit. Visits to our hospital come with a parking fee; some doctors and dentists offices you have to pay parking fees to visit them; even the staff at Southlake have fees deducted from their salary to use the parking. It would not be a popular decision but I wonder how many spaces would be freed up? At 25 cents a visit you would find space to park and a little revenue to add monies to the Library funding. C Simpkin Aurora —1— COUNCIL - SEPTEMBER 12, 2006 -----Original Message ----- From: Darryl Moore Sent: Wednesday, September 06, 2006 4:19 PM To: adowney@e-aurora.ca Cc: tjones@e-aurora.ca; allcouncillors@e-aurora.ca Subject: Library Square Al Downey Town Of Aurora 6 Sept 2006 Dear Mr. Downey. It has come to my attention from someone who attended the council meeting yesterday, that all of the feedback you have received to date about the new seniors centre and the services you are running from there, has been good. I fear the following comments may then be much in the minority. However, I know I am not alone in my criticisms. Please tally this email in the negative column of your score sheet. I live in the old part of Aurora. The concerns of the residence here sadly are drowned out by the many more voices of the new residence in the far nether lands of this town. One of the things that differentiates a town from a subdivision is the fact that there is a centre or core. In that centre, people live, work, shop, and enjoy the amenities of the town. Where that centre is absent, the town itself ceases to exist. Witness for example Thornhill, which was a town once, but has since been swallowed up by subdivisions and the core so badly neglected that the province saw no point in maintaining it as a town at all and divided its lands between Vaughn and Markham. Thornhill now does not exists. Aurora has a core. The old library square interestingly enough is pretty much in the centre of it. Until this month I could walk my kids down to library square every Saturday to participate in programs offered by and through the town at this location. We would meet other parents there and/or during the walk there. Walking through the streets of the neighbourhood to participate in community programs gives a sense of ownership and belonging that driving through the same streets could never duplicate. Now of course with these programs relocated to the new seniors centre, there is both less opportunity to walk these streets and more need for cars to get to town events. There are many families in this neighbourhood who get by quite -well with one car. In significant part this is because so many services (including town programs) are within walking distance of our homes. often this is why we have chosen to live where we do. Moving these services to a facility which is a significant distance away, both reduces our connection to the neighbourhood and increases the requirement for vehicle transportation. No matter how many more programs you might be able to provide in your new facility, many of us in the old town will feel as though we are receiving less. I urge you to reconsider and try to locate as many programs as you can in the old library. To the Mayor and the councillors who have also been CC'd on this. I urge you to find good and permanent community uses for the library square space. This is a fantastic opportunity to help redevelop the old core which defines so much of what Aurora is. Do not let this town turn into another Thornhill. Turning this space into a parking lot or selling it to developers would be a horrible negligence of your duty to this town. Thank You Darryl Moore Aurora -2- COUNCIL — SEPTEMBER 12, 2006 I N T E R coRPo►urF SERVICES OFFICE MEMO To: Members of Council From: Bob Panizza, Director of Corporate Services Subject: General Committee Meeting Sept. 5, 2006 — Item 19 Date: September 7, 2006 Asa follow up to the request made by Councillor Morris, attached is a copy of a letter from the Ontario Heritage Foundation dated February 16, 2006 which responds to the inquiry that was made by the Heritage Advisory Committee regarding use of funds from the Region of York for the purchase of a portion of the Anne Bartley -Smith property. 4 Bob Panizza Director of Corporate Services —3— COUNCIL — SEPTEMBER 12, 2006 EXTRACT FROM GENERAL COMMITTEE MEETING NO. 06-14 HELD ON TUESDAY, SEPTEMBER 5, 2006 19. _ PL06-111 —Application for Minor Site Plan Approval Regional Municipality of York — Bathurst St. Reservoir Agent: MacViro Consultants attn. David Payne Part Lot 72 and 73 Concession 1 WYS File Dll-20-06 General Committee recommends: THAT Report PL06-111 be received as information; and THAT staff report back to clarify the use of the funds by the Ontario Heritage Foundation. CARRIED —4— - fo0006 FEB 2 3 2000 1 Corporate so February 16, 2006 Mr. Bob Panizza Director of Corporate Services Town of Aurora 1 Municipal Drive, Box 1000 Aurora, Ontario L4G 6J1 Dear Mr. Panizza: ,-, ; 4 AZVICES DEPI , 120PIES CIRCULATED TO: dlembers of Council C.A.O. ✓ Directors S•5eiJ;,,L Other VLF !SC& 1Mrt Re: Ontario Heritage Trust Lands: The Anne Bartley Smith Property, Aurora We are in receipt of your letter dated January 26, 2006 addressed to the Honourable Lincoln M. Alexander in regard to the sale by the Trust of three acres of land to York Region. The Chairman has asked me to reply on his behalf. The Trust was approached by York Region with the request that it sell to the Region three acres of land on the Smith property for the purposes of creating a water reservoir. The Region's purpose is to ensure the provision of quality drinking water for the citizens of the area. Given the importance of that project, the Trust agreed, subject to a number of conditions related to the protection of the heritage resources on the site. As you are aware, the bequest of these lands by Anne Bartley Smith to the Ontario Heritage Trust was unconditional and without restriction. The Trust's Board of Directors, under the Ontario Heritage Act, has full authority over these lands, including its sale and use of the proceeds. The Trust will fulfill its legislated mandate to ensure the long term conservation of this property. Yours truly, Beth Hanna Director, Heritage Programs and Operations I0 Adelaide Street East, Toronto, Ontario MSC IJ3 Telephone: (416) 325-5000 Facsimile: (4I6) 325-507I I0, rue Adelaide est, Toronto (Ontario) M5C IJ3 T61' hone : (416) 325-5000 Telecopieur : (416) 325-507I -�- �W%E--S#R�60B�6, 1 J000006 ram.: .A.uR,oxA. EXTRACT FROM HERITAGE ADVISORY COMMITTEE OF AURORA MEETING NO. 05-08 - HELD ON DECEMBER 12, 2005 - APPROVED AT COUNCIL ON JANUARY 17, 2006 THAT the Town contact the Ontario Heritage Foundation to remind them as a trust, any funds raised from the sale of any portion of the High Tor lands has to go back into the property; And that the Town looks forward to working with the OHF to ensure that any funds received are expended on the subject property. HCE-PRTL 1A 0 62 0 0 6 January 27, 2006 Mr. Richard Moorhouse Executive Director Ontario Heritage Foundation 10 Adelaide St. E. Toronto, Ontario M5C 1J3 Dear Mr. Moorhouse: Re: High Tor Lands 1 Municipal Drive Box 1000, Aurora, ON WG 611 www.e-aurora.ca The Heritage Advisory Committee of Aurora has recently been made aware of the proposal by the Region of York to acquire a portion of lands under the ownership of the Ontario Heritage Foundation known as the High Tor lands, formerly owned by Ann Bartley Smith (E/S Bathurst St) in Aurora, for the purposes of constructing a new underground water reservoir. Related to this project, the Heritage Committee has adopted the attached resolution regarding the use of the funds from the sale of the property. I am therefore forwarding this resolution to your attention and respectfully request a response to this matter. Sin rely, J* Bob Panizza Director of Corporate Services —7— COUNCIL — SEPTEMBER 12, 2006 AGENDA ITEM # -T Panizza, Bob From: evelynb- Sent: Thursday, September 07, 2006 1:47 PM To: Panitma, Bob Cc: Subject: dillon consultant report MEMO TO COUNCIL: THE ATTACHED NEWS REPORT INDICATES THERE WAS INFORMATION ON THE EFFECT OF SPEED BUMPS TO EMERGENCY SERVICES AVAILABLE TO DILLON CONSULTANTS FROM THE CITY OF TORONTOAT THE TIME THEY WERE PREPARING A STUDY ON BEHALF OF AURORA ON SPEED MANAGEMENT IN THE NORTH-EAST QUADRANT OF THE TOWN. THE STUDY COST $30,000. RAVE LONG ARGUED THAT CONSULTANT STUDIES DO NOTHING MORE THAN ALLOW POLITICIANS TO MAKE THE DECISIONS THEY WANT TO WITHOUT TAKING RESPONSIBILITY FOR THE SAME, LAST WEEK, PROFESSOR JOHN RALSTON PAUL MADE THE SAME OBSERVATION TO PARTICIPANTS AT THE COUCHICHING ANNUAL CONFERENCE ON PUBLIC AFFAIRS IN ORILLIA WE HAVE SPENT YET ANOTHER $30 THOUSAND DOLLARS ON A STUDY AND COMMITTED TO CONSIDERATION OF AN EXPENDITUREOF ONE HUNDRED THOUSAND DOLLARS IN THE BUDGET FOR 2007 BASED ON AN INCOMPLETE STUDY AND INACCURATE INFORMATION ALREADY WE HAVE SEEN A REACTION FROM RESIDENTS OF RICHARDSON DRIVE WHO QUITE RIGHTFULLY WONDER WHEN SOME ATTENTION IS GOING TO BE PAID TO THEIR PROBLEMS .n0 DOUBT THE SAME QUESTIONS ARE BEING ASKED IN OTHER NEIGHBOURHOODS WHERE RESIDENTS ARE EXPERIENCING A LOSS IN THEIR RELATIVE PEACE AND SECURITY AS A RESULT OF INCREASED TRAFFIC .IS IT OUR INTENTION TO TACK ON $1 HUNDRED THOUSAND DOLLARS TO EVERY ROAD BUIDING PROJECT UNDERTAKEN WHERE TRAFFIC HAS INCREASED? HAVE OUR CAPITAL FORECASTES FOR ROAD CONSTRUCTION BEEN REVISED TO REFLECT THIS ADDITIONAL EXPENSE? HAS THERE BEEN A REVISION MADE TO PUBLIC WORKS ANNUAL MAINTENANCE BUDGETS TO INCLUDE ADDITIONAL COST OF MAINTENANCE FOR OF SPEED BUMPS AND CUSHIONS ETC HAVE WE CONSIDERED THE IMPACT ON THE TAX BILLS FOR RESIDENTS FOR WHAT WILL UNDOUBTEDLY RE BAD DECISION BASED ON FALSE INFORMATION? ANY TIME A CONSULTANT ANSWERS WITH HIS " GUT -FEELING" TO A QUESTION ABOUT IMPACT OF SPEED BUMPS AND OTHER OBSTACLES TO SAFE DRIVING ON SNOW -REMOVAL AND EMERGENCY SERVICESTHE LEVEL OF PROFESSIONALISM USED IN THE STUDY WAS IMMEDIATELY SUSPECT BECAUSE I WAS UNABLE TO ACCEPT,ON THE BASIS OF MY OWN EXPERIENCE, I ASKED FORA REPORT IN WRITING FROM PUBLIC WORKS AND EMERGENCY SERVICES TO INDICATE TO COUNCIL THEIR COMFORT OR OTHERWISE WITH THE CONSULTANT 9n12006 —B COUNCIL - SEPTEMBER 12, 2006 STUDY. AS I STATED AT LAST WEEK'S COMMITTEE MEETING. I WAS UNABLE TO ACCEPT THE PUBLIC WORKS ACCEPTANCE OF THE MERITS OF THE STUDY AND THE RESPONSE FROM THE FIRE SERVICES WAS LESS THAN POSITIVE OR CLEAR. IN MY JUDGEMENT ,THIS IS ANOTHER, IN A CHRONICLE OF INSTANCES, WHERE COUNCIL HAS NOT BEEN WELL -SERVED. 9/7/2006 - 9 COUNCIL — SEPTEMBER 12, 2006 POSTED ON 07/09/06 Speed bumps slowing firefighters, report says SUZANNE MA Speed bumps and other traffic -calming measures installed by the city are slowing down, and in some cases injuring firefighters on their way to emergencies, according to a city staff report. A report from the city's transportation services outlines the long-term effects and risks of installing "unwarranted" traffic control and calming measures such as traffic lights, four-way stops, speed humps, raised medians and intersection narrowings. While designed to reduce collisions, high speeds and aggressive driving, Councillor Doug Holyday; who requested the report, says some residents are too concerned with deterring traffic in their neighbourhoods, and don't realize the danger posed by speed humps. "In terms of safety, I'm all for that," Mr. Holyday said last week. "But when these speed humps spread from street to street, they will choke off neighbourhoods from EMS." Print Edition - Section Front Enlarge Image More National Stories • Scott Brison: A different kind of Liberal • Mr. Charm takes on Mr. N.B. • Horror film based on Pickton due out before trial • Author of Lancet article on Haiti investigated • No new powers for Quebec, Ignatieff says • Go to the National section —10— COUNCIL — SEPTEMBER 12, 2006 E3 Firefighters say each speed hump increases the travel time of a fire truck by up to 4.2%, based on a four -minute response. The humps have also resulted in injury to firefighters and damage to their trucks. "We've had strained necks, strained backs, a whole gamut of upper -body -strain injuries," said Bob Leek, district chief of emergency planning. He said at least two firefighters are injured each year in Toronto from traversing speed humps. From 2002to 2005, the report found, only 60 per cent of all measures installed were recommended by staff to city council. Mr. Holyday said the measures can be effective in managing the flow of traffic when properly applied. But, he said, the injudicious use of city council to install unwarranted measures increases traffic congestion and put residents at unnecessary risk. "There are city councillors who are looking to appease residents and get their votes ... by using [speed] humps as political candy. But these unwarranted speed humps are not approved by transportation services for a reason." The report, released last week, also states that it costs approximately $2.6-million to implement the unwarranted traffic control and calming measures, while annual maintenance costs are estimated to be $175,000. © Copyright 2006 Bell Globemedia Publishing Inc. All Rights Reserved. "1neri globeandmail.com and The Globe and Mail are divisions of Bell Globemedia Publishing Inc., 444 Front St. W., Toronto, Canada M5V 2S9 Phillip Crawley, Publisher —11— COUNCIL - SEPTEMBER 12, 2006 EA�SqA I �M # TOWN OF A URORA GENERAL COMMITTEE MEETING REPORT NO, 06-14 Council Chambers Aurora Town Hall Tuesday, September 5, 2006 ATTENDANCE COMMITTEE MEMBERS Councillor Wallace in the Chair; Mayor Jones, Councillors Buck, Gaertner, Hogg, Kean and Morris. MEMBERS ABSENT Councillors West and Vrancic were absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/ Treasurer, Town Solicitor, and Council/Committee Secretary. Councillor Wallace called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. APPROVAL OFAGENDA General Committee recommends: THAT the content of the Agenda as circulated by the Corporate Services Department, with the following additional items, be approved: D New Delegation c) — Mr. Glyn Jones Re: Item 21 - PL06-086- Proposed Plan of Subdivision and Implementing Zoning By-law Mattamy (Aurora) Limited Formerly Quaker Lundy Farms Part of Lot 25, Concession 2 EYS Files D12-00-8A and D14-23-00 D Revised Recommendation For Item 1 - ADM06-014 — Funding of Regional Cancer Centre, Southlake Regional Health Centre ➢ Memo from the CAD Re: Request that Item 1 - ADM06-014 be deferred to the first General Committee meeting in January, 2007 -12- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 2 of 12 Tuesday, September 5, 2006 ➢ New Item 25 -Letter from Mr. John Mascarin of Aird & Berlis LLP Re: Item 21 - PL06-086- Proposed Plan of Subdivision and Implementing Zoning By-law Mattamy (Aurora) Limited Formerly Quaker Lundy Farms Part of Lot 25, Concession 2 EYS Files D12-00-8A and D14-23-00 ➢ New Item 26 - Memo from the Director of Public Works Re: Northeast Quadrant Traffic Calming Plan CARRIED 11l ADOPTION OF MINUTES General Committee Report of May 9, 2006, Meeting Number 06-12 and Special General Committee Report of June 27, 2006, Meeting Number 06-13 General Committee recommends: THAT the General Committee Report of Meeting Number 06-12 and Special General Committee Report of Meeting Number 06-13 be adopted as printed and circulated. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 16, 19, 21, 22, 24 and 26 were identified for discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 9. BA06-011 — Request for Variance to Sign By-law 4622-04P 1472 Wellington Street East— Imperial Oil Ltd THAT Council approve the proposed signage for the west elevation of the convenience store to permit; a) The "On The Wall' sign to extend beyond the extremities of the wall; b) A second wall sign to advertise the Higgins and Burke self serve coffee counter located within the store; and c) An increase in total sign area from 19.87 square metres to 20.26 square metres; and THAT Council approve the proposed signage for the Car Wash to permit; a) The "Touchless Car Wash" sign on the south elevation to extend beyond the extremities of the wall with an increase in total sign area from 11.69 square metres to 12.87 square metres; and b) A second wall sign on the west elevation at the car wash entrance providing information to users. -13- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 0644 Page 3 of 12 Tuesday, September 5, 2006 12. PL06-108 — Application for Exemption from Part Lot Control Royalcliff Homes Inc. 65M-3850 — Blocks 37 to 45 and 47 Barr Crescent, Zokol Drive and Martell Gate File D12-PLC-02-06 THAT Council approve the request for exemption from Part Lot Control made by Royalcliff Homes Inc. to divide the following Blocks on Registered Plan 65M-3850 into separate lots; and THAT Council enact By-law 4841-06.D. 13. PL06-109 — Site Plan Application Geotech Ltd. Block 9, Plan 65M-2718 229 Industrial Parkway North File D11-16-06 THAT, subject to a satisfactory review by the Site Plan Review Committee, the Director of Planning and Development Services be authorized to execute a Site Plan Agreement between Geotech Ltd. and the Town of Aurora respecting the development of an industrial building on the subject lands (File D11-16-06). 14. . PW06-035 — Machell Avenue — Regional Watermain Construction and Reconstruction of Machell Avenue THAT Council approve the advancement of the reconstruction of Machell Avenue from 2010 to 2007 to coincide with the planned construction of a Regional watermain along Machell Avenue; and THAT Council authorize staff to engage a consultant for the design of the reconstruction of Machell Avenue as soon as possible; and THAT Council authorize the expenditure of funds in the amount of $630,000 for this project, comprised of $300,000 from the Municipal Capital Reserve, $275,000from the Sewer/Water Reserve, $25,000 from the Storm Reserve, and $30,000 from the Public Works consulting services account, for this project; and THAT Council recommend to the next Council that the funds allocated from the Municipal Capital Reserve be repaid to the Reserve from the general Capital Budget in 2010; and THAT copies of this report and Council's decision be delivered to all residents and businesses along Machell Avenue. 15. PW06-040 — Contract Award - RFP No. PW2006-Class Environmental Assessment and Detail Design for the Retrofit of SWM Facilities C1 and SW21SW3 and Erosion Analysis of the Creek Downstream of Facility SW2 THAT the Director of Public Works be authorized to sign an Engineering Agreement with Totten Sims Hubicki Associates for the provision of consulting services for the Class Environmental Assessment and Detail Design for the Retrofit of SWM Facilities C1 and SW2/SW3 and Erosion Analysis of the Creek Downstream of Facility SW2 at a cost of $83,040.00. -14- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 4 of 12 Tuesday, September 5, 2006 17. PW06-048 —Joint Municipal Waste Diversion Strategy THAT Council endorse the Joint Municipal Waste Diversion Strategy as described in Report PW06-048; and THAT Council endorse the goal to divert a minimum of 65% of its waste from landfill; and THAT Report No. PW06-048 be referred to the Environmental Advisory Committee for their information. 18. PW06-046 — Northern 6 Municipalities Joint Waste Collection Contract— Results of Request for Proposals THAT RFP No. CRFP-06-01 for the "Collection and Haulage of Collectable Waste" be awarded to Turtle Island Recycling Corporation; and THAT Council authorize the Mayor and Clerk, in concert with the other five municipalities of the Northern 6 Municipalities of York Region, to sign an agreement with Turtle Island Recycling Corporationfor the collection and haulage of collectable waste in the Town of Aurora substantially in conformity with Report PW06-046 and RFP No. CRFP-06-01 and that such signatures shall not occur until the C.A.O. and Town Solicitor have reviewed and approved the agreement; and THAT upon execution of the agreement staff be authorized to proceed with implementation of the transition of waste collection contractors including the initiation of source separated organics collection for September 2007; and THAT funds in the amount of $5,000 be contributed to hiring a consultant to assist with implementation of the new waste collection contract and kitchen organics collection in September 2007, such funds to come from the 2006 Waste Collection budget; and THAT Report PW06-046 be referred to the Environmental Advisory Committee for information. 20. Petition from Concerned Residents of Wellington Street West Re: Review of Official Town Plan for Wellington Street West Corridor (Correspondence added to agenda by CouncillorVrancic) THAT the correspondence be received and referred to the Director of Planning and Director of Corporate Services. 23. LS06-036 — Asphalt Parking Lot at Factory Theatre THAT Tender LS2006-64 for asphalt resurfacing of Factory Theatre not be awarded and the Project and Budget be re -considered as part of the 2007 Capital Budget. 25. Letter from Mr. John Mascarin of Aird & Berlis LLP -ADDED ITEM Re: Item 21 - PL06-086- Proposed Plan of Subdivision and Implementing Zoning By-law Mattamy (Aurora) Limited, Formerly Quaker Lundy Farms Part of Lot 25, Concession 2 EYS Files D12-00-BA and 1314-2340 THAT the correspondence be received for information. CARRIED -15- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 5 of 12 Tuesday, September 5, 2006 VI NEW BUSINESS/GENERAL INFORMATION - COUNCILLORS Councillor Kean extended his congratulations to Mr. At White, who recently celebrated his 90" Birthday. Councillor Kean expressed his appreciation and congratulations to the Town's Special Events Coordinator, Shelley Ware, for the success of the first ever Movie in the Park which took place on Wednesday, August 30, 2006. Councillor Kean advised that this was a great event and that he hopes it will continue. Councillor Morris gave Notice of Motion regarding citizen initiative to conserve energy and control escalating energy costs. Councillor Buck expressed concern that the televising of Council meetings has been discontinued for the remainder of the election process, and she advised that -she would like to see the television coverage continue, uninterrupted, to allow the residents to remain aware of ongoing Town business. VI! DELEGATIONS a) Fire Chief John Molyneaux of Central York Fire Services Re: Annual Report to Council Fire Chief John Molyneaux provided a detailed report on the general status and various activities of Central York Fire Services for 2005 and 2006, Chief Molyneaux summarized the many factors in and around the community, such as the increased focus on emergency preparedness initiatives and their effect on the delivery of fire services, including response time, training programs, public awareness and education programs. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED b) Ms Diana Dawson, President Canadian Cancer Society - Holland River Unit Re: The "Let's Make Cancer History" Campaign Ms Diana Dawson, President of the Canadian Cancer Society - Holland River Unit, provided a presentation demonstrating the enthusiastic efforts of many teams over the past 3 years who participated in the annual "Relay for Life" at the Pickering College campus in Newmarket. Ms Dawson advised that the event has enjoyed success since its inception, and has grown significantly over the past 3 years. Ms. Dawson advised that the organizers are considering adding a second "Relay for Life" to the schedule, and basing it out of Aurora to allow a new location and a new base of residents to form teams and participate in this event. Ms Dawson requested that the Town of Aurora give consideration to the idea of holding a "Relay for Life" in Aurora, assist in providing a location and supporting this event to help raise funds toward finding a cure for cancer. General Committee recommends: THAT the comments of the delegate be received for information; and THAT this request be referred to the Director of Leisure Services to determine an appropriate level of support and location for holding the "Relay for Life" in Aurora. CARRIED -16- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 6 of 12 Tuesday, September 5, 2006 c) Mr. Glyn Jones Re: Item 21 - PL06-086- Proposed Plan of Subdivision and Implementing Zoning By-law Mattamy (Aurora) Limited Formerly Quaker Lundy Farms Part of Lot 25, Concession 2 EYS Files D12-00-8A and D14-23-00 Mr. Glyn Jonesappeared before the Committee to express his concern regarding the subject Plan of Subdivision proposed to go in on the property abutting his lands to the West. Mr. Jones advised that the proposed daylight triangle, which appears on the maps attached to report PL06-086 appears to be located on his property, therefore he requested that no consideration be given to that feature until he has been properly consulted about the use of that portion of his land. Mr. Jones also expressed concern regarding the lack of consideration being given to the provision of sound and light buffering between his property and the proposed 'Street A". Mr. Jones also expressed concern regarding lifespan of the existing well on his property and advised that he would like to see provisions made for future water servicing to his property in conjunction with the development of the subject proposal. General Committee recommends: THAT the comments of the delegate be received for information, and that Item 21 be brought forward for consideration at this time. CARRIED 21. PL06-086 — Proposed Plan of Subdivision and Implementing Zoning By-law Mattamy (Aurora) Limited, Formerly Quaker Lundy Farms Part of Lot 25, Concession 2 EYS Files D12-00-8A and D14-23-00 General Committee recommends: THAT this matter be referred to staff for a report that addresses the concerns outlined by Mr. Glyn Jones in his delegation. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT items 7, 1, 2, 5, 5 and 8 be brought forward for consideration. CARRIED Motion from Councillor Buck and Councillor Wallace Re: The Heritage Centre (Notices of Motion were given at August 22, 2006 Council Meeting) General Committee recommends: THAT the motion be referred to the CAO to meet with the Aurora Heritage Society and bring back a revised motion to Council for consideration. CARRIED -17- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 7 of 12 Tuesday, September 5, 2006 1. ADM06-014 — Funding of Regional Cancer Centre - Southlake Regional Health Centre (Referred from August 22, 2006 Council meeting) General Committee recommends: THAT Report ADM06-014 - Funding of Regional Cancer Centre - Southlake Regional Health Centre, be referred to the first General Committee meeting in January, 2007. CARRIED 2. Motion from Councillor West Re: Position of Mayor (Notice of Motion was given at August22, 2006 Council Meeting) General Committee recommends: WHEREAS the position of Mayor for the Town of Aurora is expected to fulfill the duties and expectations as Head of Council, which include: • To act as chief executive officer of the municipality • To preside over Council meetings • To provide leadership to the Council • To represent the municipality at official functions • To carry out the duties of the Head of Council as specified in any Act; and WHEREAS the Mayor for the Town of Aurora serves as the signing officer for the Corporation with respect to legal documents and by- laws; and WHEREAS the Mayor for the Town of Aurora is expected to be accessible in person and by phone. and e-mail communication to residents; and WHEREAS the Mayor for the Town of Aurora may sit as an ex- officlo member of all Council committees and boards; and WHEREAS the Mayor for the Town of Aurora is recognized for the time required and commitment expected to fulfill these duties for the Town at a salary of $48.500, health benefits, automobile stipend and participation in the OMERS pension plan; and WHEREAS the Mayor for the Town of Aurora represents the Town at Regional Council and sits on Regional Committees; and WHEREAS the Mayor for the Town of Aurora is recognized for the time required and commitment expected to fulfill these duties at the Region on behalf of the Town with an additional salary of $43,500 and participation in the OMERS pension plan; and WHEREAS the Mayor for the Town of Aurora represents the Town at other Greater Toronto Area groups such as the GTA Mayor's and Chairs, Provincial and Federation Associations and meetings; THEREFORE BE IT RESOLVED THAT the position of Mayor for the Town of Aurora be recognized as a full time position with the expectation that anyone filling this position be committed to this position only and no other full time or significant employment responsibility. CARRIED om COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 8 of 12 Tuesday, September 5, 2006 5, Motion from Councillor Buck Re: Recipients of the 200.6 Arts and Culture Awards (Notice of Motion was given at July 11, 2006 Council Meeting) General Committee recommends: WHEREAS the following are the recipients of the 2006 Town of Aurora Arts and Culture Awards: Aurora High School: Lindsay Nassler Heather Holmes Marie Ashbourne Cardinal Carter high School: Jennifer Segan THEREFORE BE IT RESOLVED THAT the Town of Aurora congratulates the recipients of the awards and looks forward to seeing their names in lights or otherwise coming to prominence; AND FURTHER BE IT RESOLVED: THAT the founders of the Award the Merkur Family owners and operators of the Aurora Shopping Centre, as well as Mr. Joe Lebovic, be informed of the recipients' names and receive the appreciation of the Town of Aurora for their stalwart support of over thirty years of all of the arts and culture organizations in the Town of Aurora; and THAT public recognition of the recipients of these awards be part of the corresponding agenda for the Town of Aurora Council on an annual basis. CARRIED 6. Motion from Councillor Buck Re: Recipients of the 2006 Town of Aurora Governance Awards (Notice of Motion was given at July 11, 2006 Council Meeting) General Committee recommends. WHEREAS the following are the recipients of the 2006 Town of Aurora Governance Awards: Aurora High School: Michael Nemat Nazia Khamissa Cardinal Carter High School: Kerry McLaven Laura Carrigan NOW THEREFORE BE IT RESOLVED: THAT the Town of Aurora congratulates the recipients of the Governance Awards and looks forward to recognizing their names in future endeavours; and THAT public recognition of the recipients of these awards be part of the corresponding agenda for the Town of Aurora Council on an annual basis. CARRIED -19- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06.14 Page 9 of 12 Tuesday, September 5, 2006 8. FS06-025 — Investment Summary to July 31, 2006 (Referred from August 22,.2006 Council meeting) General Committee recommends: THAT Report FS06-025 be received for information; and THAT, in the future, staff provide Investment Summary Reports on a semi-annual basis. CARRIED Councillor Hogg left the meeting at 9:35 p.m. 3. Memo from the Chief Administrative Officer Re: List of Outstanding Issues Pertaining to Library Square (Referred from August 22, 2006 Council meeting) General Committee recommends: THAT an upset limit of $30,000 be approved, from the 2006 contingency funds, in order to engage the services of an outside consultant to provide a report on parking solutions in Library Square and the surrounding area. CARRIED 4. Motion from Councillor Buck Re: Re -Naming of the Arts and Culture Fund (Notice of Motion was given at July 11, 2006 Council Meeting) General Committee recommends: THAT Council not support the proposed resolution regarding the Re - Naming of the Arts and Culture Fund, CARRIED 10. PL06-022 — Request for Street Names Hallgrove Estates Inc. Part of Lot 20, Concession 3 Files 012-00-2A and D14-06-00 General Committee recommends: THAT the following list of street names be allocated to the proposed internal streets within the proposed Draft Plan of Subdivision, D12-00-2A, Hallgrove Estates Inc. Street "A" Don Hillock Street'B" Goulding CARRIED -20- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 10 of 12 Tuesday, September 5, 2006 11. PL06-107 — Request for Street Names MI Developments Inc. Part of Lot 20, Concession 2 Files D14-19-03 and D07-03-3A General Committee recommends: THAT, the following list of street names be allocated to the proposed internal streets within the proposed Draft Plan of Subdivision. Street "A" Touch Gold CARRIED 16. PW06-047— Request for Topsoil Removal Permit — MI Developments Inc. Aurora North Subdivision General Committee recommends: THAT Council authorize the issuance of a Topsoil Permit for the MI Developments Inc. Aurora North Subdivision; and THAT if Council approves the issuance of a Topsoil Permit for this site that the permit be issued under the following conditions: • Approval from internal Town departments of the Erosion and Sediment control plans; • Approval of the Lake Simcoe Region. Conservation Authority of the Erosion and Sediment Control plans; and • Receipt of Draft Plan approval conditions from the Lake Simcoe Region Conservation Authority. DEFEATED 19. PL06-111 —Application for Minor Site Plan Approval Regional Municipality of York — Bathurst St. Reservoir Agent: MacViro Consultants attn. David Payne Part Lot 72 and 73 Concession 1 WYS File D11-20-06 General Committee recommends: THAT Report PL06-111 be received as information; and THAT staff report back to clarify the use of the funds by the Ontario Heritage Foundation. CARRIED 22. CS06-030— New Sign By-laws General Committee recommends: THAT the proposed draft sign by-laws attached as Appendix 1 & 2 be received; and THAT an Open House meeting be convened to receive public input on the proposed by-laws; and THAT notices be circulated in the Town's Notice Board section of the newspaper advertising the Open House; and -21- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 11 of 12 Tuesday, September 5, 2006 THAT copies of the new draft by-laws be circulated to the Economic Development Advisory Committee and the Chamber of Commerce for input; and THAT the proposed by-laws including any amendments be presented to the new Council in January 2007. CARRIED 24. Resolution From Councillor Gaertner Re: The York Centre for Children, Youth and Families (Notice of Motion was provided at the July 11, 2006 Council meeting) General Committee recommends., WHEREAS the Ontario Children's Health Study reported that one in five Ontarians under the age of 19 has a mental health disorder; and WHEREAS The York Children's Centre has provided, free of charge for the last 20 years, a range of therapeutic treatment and intervention services for 1500 children, youth and their families who are experiencing social, emotional, behavioural or mental health problems; and WHEREAS additional accommodations are urgently required to meet the expanding demand for children's mental health services as the population of York Region grows at an extremely rapid rate; and WHEREAS an accreditation team in June 2003 found that "these facilities are below the quality found in most Children's Mental Health Centres and create unnecessarily difficult conditions for staff and clients"; and WHEREAS an expanded, consolidated and improved building on the Leslie Street site will increase capacity to serve more children and youth, provide shorter wait times for services, increase inter -agency collaboration and partnership capability and result in an enhanced continuum of community -based services; and THEREFORE BE IT RESOLVED THAT the Town of Aurora implores the Minister of Children and Youth Services, the Honourable Maryann Chambers, to grant the funding requested by the York Centre for Children, Youth and Families; and THAT this motion be forwarded to the other York Region Municipalities for their endorsement; and THAT a copy of this motion be forwarded to the Honourable Greg Sorbara and Premier Dalton McGuinty. CARRIED 26. Memo from the Director of Public Works Re: Northeast Quadrant Traffic Calming Plan General Committee recommends: THAT the Memo from the Director of Public Works regarding the Northeast Quadrant Traffic Calming Plan be received for information. CARRIED -22- COUNCIL - SEPTEMBER 12, 2006 General Committee Report No. 06-14 Page 12 of 12 Tuesday, September 5, 2006 IX CLOSED SESSION Legal/Property Matters General Committee recommends: THAT property/legal matters be deferred to a future meeting. CARRIED X ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 10:25 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 06-24 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, SEPTEMBER 12, 2006. -23- COUNCIL - SEPTEMBER 12, 2006 AGENDA ITEM # ,3 EXTRACT FROM COUNCIL MEETING NO. 06-23 HELD ON TUESDAY, AUGUST 22, 2006 Motion from Councillor Gaertner Regarding the York Region Food Network Moved by Councillor Gaertner Seconded by Councillor Kean THAT the matter regarding the York Region Food Network be deferred to the September 12, 2006 Council meeting. CARRIED -24- COUNCIL — SEPTEMBER 12, 2006 Motion from Councillor Gaertner Regarding the York Region Food Network RECOMMENDED: WHEREAS the York Region Food Network statistics show a 38% increase in food bank use between 2001 and 2005; and WHEREAS families with children are a major beneficiary of food bank services; and WHEREAS use by seniors has almost doubled since 2001; and WHEREAS there are many additional agencies in York Region providing emergency food assistance; and WHEREAS there are many more people having difficulty accessing food, going hungry or at risk of going hungry than can be estimated using food bank statistics; and WHEREAS Municipalities have the responsibility to protect the health and well-being of their citizens; BE IT NOW RESOLVED THAT the Town of Aurora urges the Provincial Government to commit money to support food security programs for the purpose of defeating hunger; and THAT the Provincial Government provide desperately needed affordable housing, funds to maintain existing affordable housing, new money that doesn't involve claw backs from current programs and a sustainable Provincial minimum wage; and THAT this resolution be forwarded to the other York Region Municipalities and the Association of Municipalities in Ontario (AMO) for their endorsement. —25— COUNC I L - SEPTEMBER 12, 2006 AGENDA rr �fJ TOWN Op NEWMAAK�R August29,2006 Mr. Bob Panizza Director of Corporate Services Town of Aurora P.O. Box 1000 1 Municipal Drive Aurora, ON L4G 6,11 TOWN OF NEWMARKET Anita Moore, AMCT Town Clerk 905-953-5300, ext. 2202 amoore@newmarket.ca SEP - 5 2006 rl,'Porate Services Dept, Dear Mr. Panizza: RE: Development Charges Act Reform I am writing to advise that Council considered the above referenced matter at the regular meeting held on Monday, August 28, 2006. The following recommendations were adopted: THAT the Council of the Town of Newmarket requests the Province of Ontario to Immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues noted above and other concerns that may be raised by the municipal sector; AND THAT said resolution be forwarded to the Premier of Ontario and the Ministers of Finance and Municipal Affairs and Housing, Julia Munro, MPP, the Municipal Finance Officers Association of Ontario, the Association of Municipalities of Ontario, York Region and the local municipalities of York Region. I enclose a copy of Resolution R9-2006 for your review and action. Yours sincerely, GP-2-q Anita Moore Town Clerk AM:Im Enclosure (t ) copy: Hon. Dalton McGuinty, Premier Hon. Greg Sorbara Han. John Gerretsen Hon. Julia Munro, MPP Municipal Finance Officers Association of Ontario Association of Municipalities of Ontario Regional Municipality of York Local Municipalities within York Region Newmarket's vision: A community well beyond the ordinary 395 Mulock Drive, P.O. Box 328, STN MAIN NEWMARKET, ON L3Y 4X7 Direct Dial: 905-953-5300 General Information: 905-895-5193 Fax: 905-953-5100 VISIT OUR WEBSITE AT: www.newmarket.ca -26- COUNCIL — SEPTEMBER 12, 2006 Moved by: Seconded RESOLUTION R9-2006 August 28, 2006 WHEREAS the last update of the Development Charges Act 1997 was nine (9) years ago; AND WHEREAS the current Development Charges Act does not permit the collection of development charges to fund growth related capital costs for the following services which were previously eligible under the old Act; • Hospitals; • Headquarters for municipal administration; • Computer Equipment; • Cultural facilities such as museums, theatres and art galleries; and • Waste management services AND WHEREAS the current Development Charges Act requires a mandatory 10% reduction in the charge for growth related "soft services" such as community centres, libraries and parks; AND WHEREAS the requirement in the current Development Charges Act to collect based on the average service level over the previous 10 years is too restrictive and creates practical calculation and implementation issues; AND WHEREAS the current Development Charges Act does not adequately provide for solutions to meet the challenges of growth that evolve over time (i.e. transportation through subways and forms of higher order transit); AND WHEREAS the Province indicated to the Municipal Finance Officers' Association of Ontario (MFOA) in August 2005 that a review of the Development Charges Act would commence in the near future; AND WHEREAS the growth related capital costs are significant, growth continues to occur and growth should pay for growth; -27- COUNCIL — SEPTEMBER 12, 2006 THEREFORE BE IT RESOLVED by the Municipal Council of the Corporation of the Town of Newmarket as follows: THAT the Council of the Town of Newmarket requests the Province of Ontario to immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues noted above and other concerns that may be raised by the municipal sector; AND THAT said resolution be forwarded to the Premier of Ontario and the Ministers of Finance and Municipal Affairs and Housing, Julia Munro MPP, the Municipal Finance Officers Association of Ontario, the Association of Municipalities of Ontario, York Region and the local municipalities of York Region. Mayor Tayl —28— COUNCIL - SEPTEMBER 12, 2006 AGENDA ITEM Stlb -TOWN OF AURORA COUNCIL REPORT No. PL06-110 SUBJECT: Proposed Plan of Subdivision and Implementing Zoning Bylaw Mattamy (Aurora) Limited Formerly Quaker Lundy Farms Part of Lot 25, Concession 2 EYS File Numbers: D12-00-8A and D14-23-00 FROM: Sue Seibert, Director of Planning and Development Services DATE: September 12, 2006 RECOMMENDATION THAT the proposed Plan of Subdivision D12-00-8A prepared by Malone Given Parsons Ltd., dated June 1, 2004 and revised September 6, 2006, be draft approved subject to the Conditions of DraftApproval attached as Appendix "A" being fulfilled prior to final approval. THAT a total of 73 units of sewage and water capacity be allocated to the Mattamy (Aurora) Limited draft plan lands provided that the owner enters into a `no sales agreement' with respect to the Phase 2 lands comprising of 40 units. THAT the Mayor and the Clerk be authorized to execute the 'no sales agreement' with Mattamy (Aurora) Limited. THAT pursuant to Section 34 (17) of the Planning Act Council has determined that a further public meeting is not required to consider an additional.13ha (.31 ac) parcel of land, which has been conveyed to Mattamy (Aurora) Limited, and now within the implementing Zoning Bylaw area for the subject lands. THAT draft implementing Zoning Bylaw Amendment No. 4843-06.D be approved by Council. BACKGROUND On September 5, 2006 General Committee considered staff report PL06-086 which recommended draft plan approval to the Mattamy (Aurora) Limited proposed plan of subdivision to allow 73 units, subject to conditions, for lands on the south side of St. John's Sideroad within the 2B Secondary Plan area. Abutting Jones property Mr. Glyn Jones, whose property abuts the Mattamy lands to the east, appeared before -29- COUNCIL — SEPTEMBER 12, 2006 September 12, 2006 - 2 - Report No. PL06-110 Committee as a delegation and raised three concerns with respect to the proposed draft plan: • A portion of the ultimate sight triangle at the northeast intersection of Mavrinac Blvd and St. John's Sideroad to be conveyed to the Region will cross a portion of the Jones lands and should be amended to fall entirely on the Mattamy lands. • Fencing forsound attenuation and headlightglare should be provided to protect the existing residence. • Concerns that the existing well on the property will be impacted with the change of grades and development of the property. On September 6, 2006 staff met with Mr. Jones and the Project Manager for Mattamy Homes to review these items and staff are able to advise Council that these matters have been resolved to the satisfaction of all interested parties. A portion of the sight triangle at the north east corner of St. John's Sideroad and Mavrinac Blvd was shown on the draft plan as projecting onto the Jones lands. In addition the Region's conditions stated that the entire sight triangle was to be dedicated to the Region. Staff have discussed this matter with the Region to clarify that Mattamy does not own the entire sight triangle area. The Region has reviewed the matter and has now advised the Town that only the Mattamy portion of the sight triangle will be required as land dedication, and the balance of the area ,on the Jones lands, would be conveyed should a development application on the Jones property be considered. Due to the relatively small area within the Jones property the intersection can be built in accordance with road safety standards. The draft plan has been modified (September 6, 2006) to show the only the Mattamy sight triangle lands, and the recommendation for draft plan approval now references the updated plan. (See draft plan condition 90). With respect to fencing, Mattamy has previously undertaken, in a separate agreement with Mr. Jones, to construct a wooded privacy fence within Block 60 adjacent to Mavrinac Blvd. which Mr. Jones is still satisfied with, and a condition has been included respecting this. Mattamy has now also agreed to construct a continuation of the fencing south of that privacy fencing in the form of a 1.8m (6ft.) high black vinyl coated chain link fence. This fence would be located along the westerly boundary of Mr. Jones lands adjacent to Mavrinac Blvd. to the southerly terminus of the Jones property. Mr. Jones is satisfied with this provision, and a condition of draft approval has been added to ensure the fence construction. (See draft plan condition 32 ii) Mattamy has agreed to provide a municipal water connection to the Jones property and this provision has also been added as a condition of draft plan approval. (See draft plan condition 40 ii) Proposed 2C cut balance At the September 5, 2006 General Committee meeting the Committee also discussed the —30— COUNCIL — SEPTEMBER 12, 2006 September 12, 2006 - 3 - Report No. PL06-110 potential ownership of the proposed 2C cut balance area. This area is diagrammatically shown on Figure 3 to staff report PL06-086 (attached). Upon completion of the cut the lands are to be restored in accordance with an approved landscaping restoration plan to be fully implemented and maintained by the owner. As noted in Staff Report PL06-086 these lands will form an additional .77ha (1.4ac) of undeveloped/ environmental lands adjacent to the East Holland River valley. These lands currently form part of a larger Mattamy Homes landholding within the flood and fill protection area of the East Holland River valley. As such no part of these lands can be developed, without the approval of the Town and the LSRCA and all lands within the valley will ultimately be dedicated to the Town as Environmental Protection lands. Staff suggests that restrictive covenants be registered on the lands prohibiting the lands from being altered once the cut and fill restoration are completed. (See draft plan condition 20) These covenants could be released upon application to the Town. No Pre Sales Agreement For Council information attached as Appendix 'B' is a copy of the required 'no sales agreement' referenced in staff report PL06-086. This agreementwas inadvertently omitted as an attachment to the September 5, 2006 General Committee staff report. The agreement attached to this report has been reviewed by the Town Solicitor as acceptable and has been signed by Mattamy with an accompanying letter of credit. COMMENTS This report is provided to Council in response to issues raised at the September 5, 2006 General Committee meeting. A copy of staff report PL06-086 as considered by General Committee at that meeting is attached to this report for reference purposes. Note: For report brevity the September 5, 2006 Appendix A -proposed draft plan conditions have been omitted. OPTIONS The draft plan and recommended conditions of draft approval have been revised in accordance with the comments provided in this staff report. Council has the option of draft approving the Plan of Subdivision based on the attached schedule of conditions. Alternatively Council can direct staff to provide additional information, modify or add draft plan conditions. PROVINCIAL POLICY STATEMENT The subject proposal is consistent with the provisions of the Provincial Policy Statement. —31— COUNCIL — SEPTEMBER 12, 2006 September 12, 2006 - 4 - Report No. PL06-110 LINK TO STRATEGIC PLAN The Strategic Plan contains objectives that 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 Plan also provides the goal of promoting a healthy environment that fosters social and physical wellbeing. The processing and review of the subject plan of subdivision and rezoning applications facilitates these objectives. CONCLUSION The subject draft -plan of subdivision proposes a 73 lot subdivision within the 26 development area. The subject plan is considered to conform to the Official Plan policies contained within Official Plan Amendment 30. The draft plan and associated servicing and infrastructure plans are considered to comply with the development policies of the Region the Town and the LSRCA. The proposed Draft Plan of Subdivision has been reviewed by staff and external agencies and has been further modified pursuant to the September 5, 2006 General Committee discussion and draft plan conditions have been prepared accordingly. The proposed draft plan conditions as set out in Appendix "A". ATTACHMENTS Figures Figure 1 - Mattamy (Aurora) Ltd. Proposed Draft Plan of Subdivision (September6, 2006) Appendixes Appendix "A" — Proposed Conditions of Draft Plan Approval Appendix "B" — No Pre Sales Agreement Appendix "C"- Staff Report PL06-086 PRE -SUBMISSION REVIEW Management Team Meeting — September 6, 2006 L e_ u Seib , M.C.I.P., R.P.P. ohn S. Rogers Director of Planning and Development Services C.A.O —32— 0000 Q,OUg I SEPTE6ER 12, 2006 O O i r U) O C Q � O OUc.0 � cnLo0 CV i c= T T 3 G o O Z FL Y—/� 000 Vi �: 0) 00 F cC / A =me Nn ohn E nn �h •-n5 33 E E E``o :EEE c IrL� E 0 q�m m m m d;2 9 E N �f941N KA y U b a 7 eO F d U p N N N` U ^N Z O s Lit @9 mq 12R n @ A" a '° o2 L mID R Oco W �m9 o z m"j Cg O (6v °cm°q @ wz ❑�,642 com ?.s p@ 0 °� A a 'O@aa uvc m �\Q0l r� (n t' Q¢A Padya ad r ♦ e 6 �a �x e� mlb'fLo =090.6N o sss j e� � - Rp, 6t 2 S'Zb 69 Z b46�'0.1 M. gt. m M,00, .91N N 9 p: s �■ �'� d m o o No N i Lz ^4 ry 1 11 x.7x 3a �3 n . Z c� wN, � h� •'sx� of W z 1 •°x zn � • °°z� 1 CIJ j• dig n � 1 a v• x � • � 1 � h "s Q fla.ao � •°c oba • h • n d 1 ea 6E ` 4_ h 1 Im .e r Iliff 1 o f I� i pg„I I s° I I I UryIL l 661 g 1 1 I�/—� v J tt ¢ ~ a a C, I I tiOp —33— y � I o \ i� °Lj6 Z U \ • � \1 c — O 1 � m3 �1 a I m o a`I I I I� to m m c — t, e E E a z l I • I ZO � I � O O os • hssl I I--- o r� I cc h w L L I meal I na ? gym{ E x al I N • d �'=1 t l'of Q mo 000 m m � FIGURE 1 � I COUNCIL — SEPTEMBER 12, 2006 APPENDIX A DRAFT PLAN CONDITIONS MATTAMY (AURORA) LIMITED FILE D12-00-8A General 1. Approval shall relate to a Draft Plan of Subdivision D12-00-8A prepared by: Malone Given Parsons Ltd., project no.: 1241, dated: June 1, 2004, revised: September 6, 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: (i) 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; (ii) That all required agreements have been executed between the Owner and the Town of Aurora and can be registered on title; (iii) That all necessary approvals have been received from all other relevant agencies and/or government bodies; (iv) The removal of the "H" represents a logical and orderly progression of development; and, (v) Compliance with the relevant policies of the Bayview Northeast Area 2B Secondary Plan (OPA No. 30). 4. The Owner shall, prior to final approval, 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. 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 engineering standards of the Town of Aurora and the Region of York, which may result in the loss of Lots. —34— COUNCIL — SEPTEMBER 12, 2006 -2- Phasing 6. The Owner shall agree in the subdivision agreement that the lands shall only be developed in accordance with the Phasing Plan dated September 1 2006, or as subsequently approved by the Town and the Region of York. 7. The registration of the proposed plan of subdivision may occur in phases, as approved by the Town. The Owner shall agree in the Subdivision Agreement. with the Town, which shall be registered on title, that no further approvals shall be granted for any additional phases, beyond Phase 1, until the Region of York has confirmed that adequate servicing capacity (e.g. water, storm and sanitary) is available, and the Town of Aurora has allocated such capacity to the subsequent phases. The Owner shall agree in the Subdivision Agreement that all lands beyond Phase I shall not be offered for purchase and sale and. shall be placed in a Holding Zone, until the above noted confirmation of servicing capacity and allocation has been provided to the satisfaction of the Town of Aurora and the Region of York. Utilities 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. 9. Such easements as maybe required for utility or drainage purposes shall be granted to the appropriate authority. 10. Natural gas, telecommunication service providers, 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. 11. 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. 12. 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 Town of Aurora, and to satisfy all conditions, financial and otherwise of the Town of Aurora. 13, The Owner shall agree in the Subdivision Agreement to satisfy the requirements of the Canada Post Corporation regarding: i) suitable locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans. —35— COUNCIL — SEPTEMBER 12, 2006 -3- ii) 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. iii) 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 numbers) of each of these Community Mailbox locations. iv) to provide the following for each Community Mailbox site and include these requirements on appropriate servicing plans: an appropriately sized sidewalk section (concrete pad), as per Canada Post specifications to place the Community Mailboxes on. any required walkway across the boulevard, as per municipal standards any required curb depressions for wheelchair access 14. The owner/developer further agrees to determine, 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 Canada Post to provide mail service to new residences as soon as homes are occupied. 15. 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 or its successor, and the Owner will be responsible for entering into an Electrical Plant Agreement with Powerstream or its successor, for the supply and installation of the electrical services in the subdivision. School Board 16. The Owner shall agree in the Subdivision Agreement, to include in all Offers of Purchase and Sale with prospective purchasers a notice in wording satisfactory to The York Region District School Board advising that unless the provincial funding model provides sufficient funds to construct new schools, there can be no assurance as to the timing of new school construction nor a guarantee that public school accommodation will be provided within the 2B neighbourhood notwithstanding the designation of public elementary school sites. —36— COUNCIL — SEPTEMBER 12, 2006 -4- Parkland 17. The Owner shall agree in the Subdivision Agreement to provide cash -in -lieu of parkland to the Town of Aurora, in accordance with the provisions of the Planning Act and the Town's Cash -in -Lieu of Parkland By-law 4291-011, as amended or any successor thereto and applicable policies. Trails 18. The Owner shall agree in the Subdivision Agreement to provide sufficient lands required to facilitate the construction of a multipurpose off -road trail/pathway three metres (3.6m) in width within the road allowance along the entire St. John's Sideroad frontage of the Plan, to the satisfaction of the Director of Leisure Services. Vegetation Preservation and Transplanting 19. The Owner shall agree in the Subdivision Agreement to provide and implement the following tree preservation and transplanting measures based on the intent of the St. John's Hedgerow Assessment and Evaluation Report prepared by LGL Limited July 2006 and in accordance with Town of Aurora tree preservation standards, to the satisfaction of the Director of Leisure Services: Tree removal shall not occur on any Lots or Blocks within the Plan without prior written approval of the Director of Leisure Services. ii) Temporary protection fencing and/or silt fencing shall be installed along the property limits adjacent existing vegetation prior to topsoil removal activities. Said fencing shall be maintained in good condition for the duration of development on the lands, to the satisfaction of the Director of Leisure Services. iii) Financial compensation shall be paid to the Town in an amount and manner satisfactory to the Director of Leisure Services for removal of the hedgerow vegetation, based on the Tree Assessment and Valuation Report prepared by Kuntz Forestry Consulting, 29 June 2006. iv) Native tree plantings within the rear yards of Lots 1 — 16 inclusive shall be designed and implemented in order to re-establish hedgerow vegetation, to the satisfaction of the Director of Leisure Services. v) Suitable black maple and sugar maple specimens within the hedgerow and regenerating woodland community shall be transplanted to the East Holland River corridor. A Transplanting Strategy shall be submitted and implemented by the Owner and shall be approved by the Town prior to tree removal operations. The Strategy shall include assessment, identification and protection of suitable specimens, transplanting specifications, plans identifying exact location of transplanted material, and a five (5) year maintenance program for all transplants, to the satisfaction of the Director of Leisure Services. vi) Securities shall be provided to the Town of Aurora in the amount of one hundred percent (100%) of the value of the Transplanting Strategy and five (5) year maintenance program for the purposes of securing one hundred percent (100%) survival of transplanted material. —37— COUNCIL - SEPTEMBER 12, 2006 -5- vii) The Town may consider at its sole discretion to accept a financial payment in lieu of the Transplanting Strategy and Security requirements identified in Condition 19, sub -points v) and vi) above, to the satisfaction of the Director of Leisure Services. Open Space 20. Prior to final approval the Owner shall agree in an agreement suitable to the Town that no grading or removal of vegetation shall occur on the lands on the north side of St. John Sideroad owned by Mattamy Homes within the 2C Secondary Plan Area, required for a cut -fill balance as referenced within the Storm Water Management Strategy 2B Lands, prepared by Counterpoint Engineering, dated April 28, 2004 and revised July 14, 2006 until the submission and approval of a Vegetation Restoration Plan which addresses, appropriate implementation of grading, planting, fencing and maintenance for the 2C cut area. The owner shall also submit a detailed description of the land through an R Plan and restrictive covenants will be registered on the land prohibiting the lands from being altered once the cut and fill restoration works have been completed to the satisfaction of the Lake Simcoe Region Conservation Authority and the Director of Leisure Services. 21. Prior to final approval the Owner shall agree in an agreement suitable to the Town to reconstruct a driveway access to the Lundy Farm Heritage house located on the north side of St. John's Sideroad on lands also owned by Mattamy Homes and that appropriate security fencing and building security be installed to the satisfaction of the Director of Planning and Development Services. 22. The Owner shall agree in the Subdivision Agreement to provide a "Natural Systems Stewardship Brochure" to the satisfaction of the Town of Aurora for inclusion in all Offers of Purchase and Sale of all Lots within the subdivision, and to register on title of all lots within the subdivision for subsequent purchasers, that will provide educational material respecting the significance and sensitivity of the Valley Lands and the Provincially Significant East Aurora Wetland Complex, and such activities as: i. Refuse/yard waste/composting; ii. Fertilizer and pesticide use (inclusive of herbicides, insecticides and fungicides); Natural area vegetation and soil protection; iv. Open space access and trail use; v. Domestic pet impacts and controls; vi. Invasive plant spreading; vii. Promoting planting of native species; viii. Proper swimming pool management techniques; ix. Impacts of noise and lighting; C COUNCIL --SEPTEMBER 12, 2006 m x. Protection of soil and vegetation on natural areas; and xi. The ecological role of stormwater treatment facilities. Stormwater Management, Lake Simcoe Region Conservation Authority 23. A stormwater management pond and related land cut to service the stormwater flows from the plan is proposed to be constructed on the north side of St. John's Sideroad on lands also owned by Mattamy Homes. As such, prior to final approval the Owner shall agree in an agreement suitable to the Town to convey, at no cost and free of all encumbrances, all necessary lands on the north side of St. John's Sideroad, owned by Mattamy Homes, for a stormwater management pond as shown within Counterpoint Engineering Stormwater Management Strategy 2B Lands, April 28, 2004, revised July 14, 2006. 24. The Owner shall agree in the Subdivision Agreement or other agreement suitable to the Town to prepare and to implement a Stormwater Management Report, incorporating Enhanced Protection (MOE, 2003) which is acceptable to the Town of Aurora, the Lake Simcoe Region Conservation Authority and the Ministry of the Environment. The said Report shall substantiate that the development lands meet the stormwater quantity and quality requirements in accordance with the latest Provincial guidelines. Provision must be made to locate detention facilities above the elevation of the 1:100 year storm floodline if applicable. Further, the said Report shall include a recommended protocol for the future maintenance of the facility. 25. That the owner shall agree in the Subdivision Agreement or other agreement suitable to the Town to prepare landscape design plans and implement landscape works on site for the stormwater management facility to the satisfaction of the Director of Leisure Services and the Lake Simcoe Region Conservation Authority. Works shall include the installation of submergent and emergent aquatic vegetation in accordance with the latest MOE design manual, placement of 300mm depth topsoil, finish grading and seeding of ground cover vegetation, and extensive tree and shrub naturalization of the pond slopes and top of bank areas. 26. Prior to undertaking any grading on the site, and in connection with the Topsoil Removal Permit, 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. 27. That 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 Director of Public Works and the Lake Simcoe Region Conservation Authority. 28. That the owner shall obtain any and all necessary approvals under the Federal Fisheries Act and necessary Lake Simcoe Region Conservation Authority permits to the satisfaction of the Lake Simcoe Region Conservation Authority. —39— COUNCIL — SEPTEMBER 12, 2006 9VA Landscaping and Fencing 29. The Owner shall agree in the Subdivision Agreement to provide landscape design plans and implement landscape works on -site, satisfactory to the Director of Leisure Services, for the installation of street trees on all road allowances within the Draft Plan in accordance with Town standards. 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. 30. The Owner shall agree in the Subdivision Agreement to provide landscape design plans and implement landscape works on -site for all proposed fencing, landscape structures, centre median landscaping, subdivision entry features and window street buffer plantings, or any other landscape features as may be required by urban design controls, to the satisfaction of the Director of Leisure Services. 31. The Owner shall agree in the Subdivision Agreement to provide landscape design plans and implement on -site works for the boulevards of the parallel street (Street C) flanking St. John's Sideroad to address headlight screening and buffering requirements. The development of the said plans are to be co-ordinated with the recommendations from the approved Noise Study and Internal Traffic Study, to the satisfaction of the Director of Leisure Services, and Director of Public Works. 32 i) The Owner shall agree in the Subdivision Agreement that all landscape requirements along the St. John's Sideroad flankage, including entry structures and associated landscaping, fencing, berming and planting, shall be consistent with urban design requirements approved by the Town, namely The Bayview Northeast Neighbourhoods Architectural Design Guidelines, prepared by The Planning Partnership, October 2, 2002, and shall provide a high level of quality in design, material selection and construction. Landscaping shall be designed and implemented to achieve an overall cohesive streetscape concept for the 26 Neighbourhood meeting all Town and Regional requirements to the satisfaction of the Director of Planning and Development Services and Director of Leisure Services. 32 ii) The Owner shall agree in the Subdivision Agreement to construct a wooden privacy fence, and a 1.8 m high black vinyl chain link fence on the abutting lands to the east known municipally as 929 St. John's Sideroad East. The privacy fence shall be located adjacent to Block 60 and the chain link fence will run parallel to Street 'A' from the southern limit of the privacy fence to the southern boundary of 929 St. John's Sideroad East. The fence details shall be to the satisfaction of the Director of Planning and Development Services and the Director of Leisure Services. 33. The Owner shall agree in the Subdivision Agreement to provide a consistent and continuous minimum depth of 300mm of topsoil for all areas associated with tree plantings within the Plan. These areas shall include all boulevard areas designated for street tree plantings, planting beds associated with entry features, landscape areas flanking St. John's Sideroad, and stormwater pond areas, satisfactory to the Director of Public Work and the Director of Leisure Services. 34. 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. Topsoil shall be tested to confirm soil type (i.e. percentage of sand, silt and clay and organic content) —40— COUNCIL — SEPTEMBER 12, 2006 IE macro and micronutrient content and pH levels. The Owner shall further agree to implement fertilizers and soil amendments in accordance with topsoil test recommendations, or to import supplementary topsoil, to the satisfaction of the Director of Leisure Services. 35. The Owner shall agree in the Subdivision Agreement to include with 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 being purchased. Further, the notice shall clearly identify specifications relating to fencing location, colour, materials, height and other design details; and shall 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 shall further agree that the Director of Leisure Services and the Director of Planning and Development Services 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. 36. The Owner shall agree in the Subdivision Agreement to provide a one-time financial contribution to the Town for the purpose of supplementing the Town's on -going maintenance expenses associated with landscape works on municipal property and right of ways as required by urban design control or traffic screening and buffering requirements. The amount of the financial contribution shall be based on twenty five percent (25%) of the capital costs of the landscape works, to the satisfaction of the Director of Leisure Services. 37. The Owner shall agree in the Subdivision Agreement to provide landscape securities to the Town of Aurora, in a form acceptable to the Director of Leisure Services and the Director of Financial Services, in an amount no less than one hundred percent (100%) of the total value of the Landscape Works. Site Servicing Engineering Plans/Construction 38. 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. 39. 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. Further, that such plans shall be designed and scaled as described in the Town of Aurora Design Criteria Manual. In addition, the Owner shall further agree in the Subdivision Agreement to complete the approved said works on a phased basis if required, to the satisfaction of the Director of Public Works. 40 i) The Owner shall agree in the Subdivision Agreement to prepare engineering design drawings for the layout and construction of an extension to the existing watermain from the intersection of St. John's Sideroad and Bayview Avenue easterly on St. John's —41— COUNCIL - SEPTEMBER 12, 2006 Sideroad and to construct said watermain, to adequately service the plan to the satisfaction of the Director of Public Works and the Region of York. 40 ii) The Owner shall agree in the Subdivision Agreement to construct a watermain extension to allow connection to the existing residence on the abutting lands to the east known municipally as 929 St. John's Sideroad East to the satisfaction of the Director of Public Works. 41. The Owner shall agree in the Subdivision Agreement to submit plans acceptable to the Director of Public Works detailing phasing of construction and development, together with the means by which construction access to the site will be gained during construction phasing. The Owner shall further agree in the Subdivision Agreement to comply with the phasing plan and make all builders aware of such a plan. 42. The Owner shall agree in the Subdivision Agreement to include a notice within all Offers of Purchase and Sale Agreements with prospective purchasers of Lots within the plan, advising of the construction access for future phases of the development and as a result they may experience noise, dust and vibration, such wording of the notice shall be to the satisfaction of the Director of Public Works. General 43. The Owner shall agree in the Subdivision Agreement that no building permits are to be issued until the internal and external watermain networks are complete, and all internal watermains are connected to the external watermain system on St. John's Sideroad, Mavrinac Boulevard, and Hickson Drive. Further, the Owner shall agree in the Subdivision Agreement that no building permit shall be issued for any Lot or Block until paved access is completed to St. John's Sideroad, unless otherwise approved by the Town of Aurora. 44. The Owner shall agree in the Subdivision Agreement to convey such lands and grant such easements for public purposes as may be required by the Town of Aurora at no cost and free of all encumbrances. Topsoil grading 45. 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: Erosion and sediment control prior to and during construction including the extent of grading/filling, the location of spoil pile storage and the location and nature of sediment control works; Progressive stripping and grading to ensure minimum duration of exposed soil areas to the extent practical; 46. The Owner shall agree that, prior to undertaking any Owner shall apply for and receive a Topsoil Remova Public Works Department. Documentation submitted removal of topsoil on the site, the I Permit from the Town of Aurora with this application shall include -42- COUNCIL — SEPTEMBER 12, 2006 -10- the proposed phasing of grading, the storage of topsoil, and the approval from the Director of Leisure Services with respect to tree protection fencing. 47. 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 48. The Owner shall, prior to final approval, submit Internal and External Traffic Studies for review and approval by the Director of Public Works. 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. 49. 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. 50. The Owner shall, prior to final approval, demonstrate that Street A shall line up with the extension of Mavrinac Boulevard to the south. Such confirmation shall be provided through the Owner's surveyor, and/or traffic consultant prior to plan registration, to the satisfaction of the Director of Public Works. 51. 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. 52. The Owner shall agree in the Subdivision Agreement that all road allowances and walkways included within this Plan of Subdivision shall be dedicated on the Plan of Subdivision to The Corporation of the Town of Aurora at no cost and free of all encumbrances. 53. 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 Department and the Director of Planning and Development Services in accordance with the Town of Aurora's Street Naming Policy. 54. 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 to prohibit access at certain locations, to the satisfaction of the Director of Public Works. 55. The Owner shall agree in the Subdivision Agreement that any road that is not a through street will be terminated in a temporary or permanent turning circle. Further, the Owner —43— COUNCIL - SEPTEMBER 12, 2006 -11- agrees to include a notice in all Offers of Purchase and Sale of those Lots abutting a temporary and/or permanent turning circle, advising them of its proposed use as a temporary turning circle and that the road will be extended. 56. The Owner shall agree in the Subdivision Agreement to enter into a Turning Circle Agreement with the Town for any temporary turning circles that are required to be constructed in this subdivision to the satisfaction of the Director or Public Works. 57. 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, information prepared by the Town in regard to the proper use of roundabouts within the neighbourhood, to the satisfaction of the Director of Public Works. 58, The Owner shall, prior to final approval, 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. Urban Design 59. The Owner shall agree in the Subdivision Agreement to prepare prior to final approval, Architectural and Urban Design Guidelines. The Owner further agrees to implement the recommendations and measures contained in the Architectural and Urban Design Guidelines. Design and construction of all residential dwelling units, walkways, landscaping and all other areas within each Plan shall be conducted in strict compliance with the Architectural and Urban Design Guidelines. The Architectural and Urban Design Guidelines shall be prepared by a qualified urban design consultant to the satisfaction of the Director of Planning and Development Services. The Architectural and Urban Design Guidelines shall address the following: i. Ensure that the streetscape character de-emphasizes the predominance of garages on all residential streets; ii. Innovative designs for the housing to be constructed within the neighbourhood; and, iii. Be in accordance with the policies and design principles expressed in OPA 30. Noise Study 60. The Owner shall, prior to final approval, engage a qualified noise consultant to complete a Noise Study to assess projected nuisances caused by noise or vibration within the development, especially for properties abutting, and in proximity to St. John's Sideroad. The Noise Study shall indicate how noise levels on all Lots and/or Blocks may be mitigated to comply with current Provincial standards and Town of Aurora policies, and address the long-term functionality and maintenance of any recommended mitigation measures deemed appropriate and acceptable to the Town. The Owner shall further agree in the Subdivision Agreement to implement the recommendations and such measures of the approved Noise Study. The recommendations of the aforementioned Noise Study shall address the 55 DBA limit on all Lots and/or Blocks as may be COUNCIL — SEPTEMBER 12, 2006 -12- appropriate in the Noise Study to the satisfaction of the Town. All attenuation measures and mitigating measures proposed for acoustical purposes shall be reviewed by Enbridge Gas Distribution Inca and approved by the Director of Public Works, the Director of Leisure Services, and the Director of Building Administration. 61, 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, and to separately register such clause on title to the residential lots and blocks within the plan: "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. There is also a natural gas pressure reduction station in the vicinity that emits increased high sound frequency levels during the colder months of the year." 62. That prior to final approval Enbridge Gas Distribution Inc.shall advise the Town that it has made satisfactory arrangements with the Owner to address the mitigation of sound level impacts emanating from the Enbridge Natural Gas Pressure Reduction Station located directly west of the plan. For purposes of description only such these arrangements will include the Owner's covenant and agreement to pay for all noise mitigation measures related to the Station, including, but not limited to, the design and construction of any enclosures or other features that may be required and as approved by Enbridge to satisfy minimum noise levels as specified by the Noise Report requirements referenced in Condition 60 and an indemnity in favour of Enbridge with respect to any actions, causes of action, claims or proceedings arising directly or indirectly from any noise mitigation measures installed, constructed, paid for or otherwise provided by the Owner. Miscellaneous 63. 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 enter into a Sales Trailer Agreement with the Town of Aurora in accordance with the Town of Aurora "Policy for Temporary Sales Office or Trailer" and the Subdivision Agreement to the satisfaction of the Director of Building Administration. 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 to be used for sales and/or marketing purposes. Such plans shall include the location of: i) The latest version of the approved draft plan or registered plan; ii) The proposed location of any and all sidewalks, street furniture, community mail boxes, parks (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, accurate representations of existing and proposed surrounding land uses within 150 metres of the boundaries of the draft plan, and any proposed warning clauses, or restrictive covenants to be registered on title; and, —45— COUNCIL — SEPTEMBER 12, 2006 11111111912 iii) 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. 64. 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 any lands to the Town, to the satisfaction of the Director of Planning and Development Services. 65, The Owner shall, prior to final approval and prior to commencement of any grading activities, complete a Stage II archaeological assessment of the subject property and mitigate through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No grading or other soil disturbances shall take place on the subject property prior to the Town of Aurora and Ministry of Tourism, Culture and Recreation confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 66. i) The Owner shall agree, prior to the final approval, to submit a geotechnical report for review and approval by the Town of Aurora, which will deal 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. ii) The Owner shall agree in the Subdivision Agreement to provide certification that any fill material imported onto the Lands meets the requirements of Table 2 (Full Depth Generic Site Condition Standards in a Potable Groundwater Condition) of the Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act, dated March 9, 2004, or latest amendment thereof. 67. 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 and/or permanent turning circles), other than those Lots designated for residential purposes. Regional Municipality of York 68. The road allowances included within the draft plan of subdivsion shall be named to the satisfaction of the Town and the Regional Planning and Development Services Department. —46— COUNCIL - SEPTEMBER 12, 2006 -14- 69. Prior to final approval, 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. Registration of the plan of subdivision shall occur in phases based on the availability of water supply and sewage servicing allocation. 70. Prior to the final approval of any residential lands beyond Phase 1, the following shall occur: • York Region has advised in writing that it is no earlier than six (6) months prior to the expected completion of the 16`h Avenue Phase 2 Trunk Sewer, the 191h Avenue Interceptor Trunk Sewer, the Lower Leslie Street Trunk Sewer, the Aurora/Newmarket Feedermain, the Newmarket EQ Tank, and the Aurora EQ Tank; or, • the Town of Aurora approves a transfer of servicing allocation to this development that is not dependent upon the completion of infrastructure; or, • the Regional Commissioner of Transportation and Works confirms servicing allocation for this development by a suitable alternative method. 71. With respect to any lands beyond Phase 1, the owner shall agree in the subdivision agreement to save harmless the area municipality and York Region from any claim or action as a result of water or sanitary sewer service not being available when anticipated. 72. With respect to lands beyond Phase 1, the Holding (h) provisions of Section 36 of the Ontario Planning Act shall be used in conjunction with all residential zone categories in order to ensure that development of these lands does not occur until such time as the Holding (h) symbol is removed in accordance with the provisions of the Ontario Planning Act. The Zoning By-law shall specify the terms under which Council may consider the removal of the Holding (h) symbol. Said terms shall include a minimum of the following: The (h) symbol shall not be lifted until such time as: York Region advises 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 191h Avenue Interceptor Trunk Sewer, the Lower Leslie Street Trunk Sewer, the Aurora/Newmarket Feedermain, the Newmarket EQ Tank, and the Aurora EQ Tank; or, the Town of Aurora approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure; or, the Regional Commissioner of Transportation and Works confirms servicing allocation for this development by a suitable alternative method. 73. 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. —47— COUNCIL — SEPTEMBER 12, 2006 15- 74. 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 York Region Transportation and Works Department. 75. Due to inadequate sight distance at the proposed intersection of St. John's Sideroad and Street A, the Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, to incorporate the following intersection requirements, individually or in combination, to the satisfaction of the York Region Transportation and Works Department: a) Vertical profile adjustments at the intersection of St. John's Sideroad and Street A shall be incorporated into the intersection design to achieve the minimum decision sight distance for the current posted speed of 60 km/h (Corresponding Design Speed 70 km/h) or for any subsequent reduction in the posted and corresponding design speeds, at the cost of the Owner; b) The intersection of St. John's Sideroad and Street A shall be signalized once warrants for signalization have been met. The timing of signalization shall be approved by the York Region Transportation and Works Department. If the Owner wishes to pursue signalization as a method of mitigating the sight distance problems, prior to the warrants being met, the Owner shall be responsible for the full cost of design and construction of the signals. In addition, the Owner shall be responsible for the cost of operating the signalized intersection until such time as signals would normally have been installed. The Owner acknowledges that the installation of the signals alone may not resolve the sight distance problem at the proposed intersection with the Regional road. Profile adjustments may still be required. 76. The Owner shall submit detailed engineering drawings, to the York Region Transportation and Works Department for review and approval, that incorporate the recommendations of the functional transportation report/plan as approved by the York Region Transportation and Works Department. 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. 77. Prior to Final Approval, the Owner shall provide a set of engineering drawings, approved by the area municipality, which indicates the storm drainage system, the overall grading plans and all proposed accesses onto York Region roads, for all lands within this plan of subdivision, to the York Region Transportation and Works Department for verification that all York Region's issues have been satisfied. 78. Prior to Final Approval and concurrent with the submission of the subdivision servicing application (MOE) to the area municipality, the Owner shall provide a set of engineering drawings, for any works to be constructed on or adjacent to the Regional road, to the —48— COUNCIL - SEPTEMBER 12, 2006 -16- Roads Branch, Attention: Manager, Development Approvals, that includes the following drawings: a) Plan and Profile for the Regional road and intersections; b) Grading and Servicing; c) Intersection/Road Improvements, including the recommendations of the Traffic Report; d) Construction Access Design; e) Utility and underground services Location Plans; f) Signalization and Illumination Designs; g) Line Painting; h) Traffic Control/Management Plans; i) Erosion and Siltation Control Plans; and, j) Landscaping Plans, including tree preservation, relocation and removals. 79. The Owner shall provide drawings for the proposed servicing of the site to be reviewed by the Engineering Department of the area municipality. 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, 80. 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. 81. Any existing driveway(s) along the York Region road frontage of this subdivision must be removed as part of the subdivision work, at no cost to York Region. 82. Elevations along the streetline shall be 0.3 metres above the centreline elevations of the Regional roadway. 83, The Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, to provide for the installation of visual screening between Street 'C' and St. John's Side Road, consisting of either a screening fence or a combination of a berm and planting, to a maximum of 1.8 metres in height, to be located within the right-of-way of Street 'C'. The Owner shall submit to the York COUNCIL — SEPTEMBER 12, 2006 -17- Region Transportation and Works Department for review and approval, landscape plans showing the proposed planting for headlight screening purposes. 84. Prior to final approval the Owner shall provide a copy of the subdivision agreement to the York Region Transportation and Works Department, outlining all requirements of the York Region Transportation and Works Department. 85. The Owner shall submit drawings depicting the following to the satisfaction of the York Region Transportation and Works Department: 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 right's 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: 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. 86. The Owner shall engage the services of a consultant to prepare and submit for review and approval, a noise study to the satisfaction of the 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 the York Region Transportation and Works Department. 87. 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. —50— COUNCIL - SEPTEMBER 12, 2006 -18- 88. 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". 89. Where noise attenuation features will abut a Regional right-of-way, the Owner shall agree in the subdivision agreement, in wording satisfactory to the Regional Municipality of York's Transportation and Works Department, as follows: • that no part of any noise attenuation feature shall be constructed on or within the Regional right-of-way; • that noise fences adjacent to The Regional Municipality of York 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; • that maintenance of the noise barriers and fences bordering on The Regional Municipality of York right-of-ways shall not be the responsibility of The Regional Municipality of York; and, • that any landscaping provided on The Regional Municipality of York right-of- way by the Owner or the area municipality for aesthetic purposes must be approved by the Regional Municipality of York Transportation and Works Department and shall be maintained by the area municipality with the exception of the usual grass maintenance. 90. The following lands, within the ownership of Mattamy (Aurora) Limited, shall be conveyed to York Region for public highway purposes, free of all costs and encumbrances: a widening across the full frontage of the site where it abuts St. John's Sideroad of sufficient width to provide a minimum of 18 metres from the centreline of construction of St. John's Sideroad; the daylight trapezoid at the southwest and southeast corners of the St. John's Sideroad and Street'A' intersection as shown on the draft plan; iii. an additional 2.0m metre widening, 60 metres in length, together with a 40 metre taper for the purpose of an eastbound right turn lane at the intersection of St. John's Sideroad and Street'A'; and, iv. a 0.3 metre reserve across the full frontage of the site where it abuts St. John's Sideroad and adjacent to the above noted widenings. 91. 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 all required lands to York Region. —51— COUNCIL — SEPTEMBER 12, 2006 -19- 92. Prior to final approval, York Region requires the Owner to submit to it, in accordance with the requirements of the Environmental Protection Act and O. Reg. 153/04 Records of Site Condition Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified professional, of the Owner's lands and more specifically of the lands to be conveyed to York Region (the Assessment"). Based on the findings and results of the Assessment, York Region may require further study, investigation, assessment and delineation to determine whether any remedial or other action is required. The Assessment and any subsequent environmental reports or other documentation prepared in respect of the environmental condition of the lands to be conveyed must be addressed to York Region, contain wording to the effect that York Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or documentation shall be satisfactory to York Region. Prior to Final Approval, the Owner shall certify, in wording satisfactory to the York Region Transportation and Works Department, that no contaminant, pollutant, waste of any nature, hazardous substance, toxic substance, dangerous good, or other substance or material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be conveyed to York Region (including soils, substrata, surface water and groundwater, as applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth generic site condition standards applicable to the intended use that such lands will be put by York Region at the time of conveyance or any other remediation standards published or administered by governmental authorities applicable to the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or other documentation and the Owner's certification shall be done at no cost to York Region. 93. Street'A' shall be designed to intersect St. John's Sideroad at a right angle. 94. The throat width of Street 'A' shall be designed to accommodate one 5.0 metre inbound lane and two 3.5 metre outbound lanes for a distance of 60.0 metres from the widened limit of St. John's Sideroad; no intersection or non-residential access shall be permitted on Street'A' within 60.0 metres of the widened limit of St. John's Sideroad. 95. The right-of-way width of Street 'A' shall be a minimum of 23.0 metres to accommodate the requirements within the above noted condition. 96. The intersection of St. John's Sideroad and Street 'A' shall be designed to the satisfaction of the York Region Transportation and Works Department with any interim or permanent intersection works including turning lanes, profile adjustments, illumination and/or signalization as deemed necessary by the York Region Transportation and Works Department. 97. As future York Region Transit (YRT) service is planned for St. John's Sideroad, the owner shall agree in the subdivision agreement to construct a sidewalk along the full frontage of the subject lands where they abut St. John's Sideroad. —52— COUNCIL - SEPTEMBER 12, 2006 -20- 98. Concrete pedestrian access shall be provided from the internal roadways to the Regional roadway as follows: a. From Street A to St John's Sideroad b. From Street C to St John's Sideroad The concrete pedestrian accesses shall be provided at no cost to York Region and concurrent with construction of necessary sidewalks. Sidewalks and concrete pedestrian accesses shall be provided in accordance with OPSD 310.010, 310.020, 310.030 and should be provided "at grade" (i.e. without stairs, inclines, etc.). 99. Subject to approval by YRT, a passenger standing area and shelter pad shall be provided at the following location: ON Street AT Street Location Standard St John's Sideroad Street A SW SS-1.02 or SS-1.03 The passenger standing area/shelter pad shall be provided at no cost to York Region and concurrent with construction of necessary sidewalks. 100. The owner shall agree in the subdivision agreement that the required passenger standing area/ shelter pad shall be installed to the satisfaction of the area municipality and York Region Transit. Landscaping should not interfere with the bus stop, passenger standing area, shelter and corner sightlines. The bus stop location determined during the design phase is subject to change. Prior to construction of the passenger standing area/shelter pad, the consultant shall confirm with YRT the final bus stop locations/requirements. The consultant is to contact the facilities supervisor - Ann Marie Carroll at (905)762-1282 ext. 5677 to confirm final details. 101. The owner shall submit drawings to the York Region Transportation and Works Department for review and comment which show the location of the following: sidewalks, concrete pedestrian access, passenger standing area and shelter pad. 102. The owner shall agree in the subdivision agreement to advise all potential purchasers of the future introduction of transit services along St. John's Sideroad. This includes current/potential transit routes, bus -stops and shelter locations. This can be achieved through distribution of information/marketing materials (YRT route maps, Future Plan —53— COUNCIL — SEPTEMBER 12, 2006 -21- 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. 103. The owner shall agree in the subdivision agreement to install illumination, in accordance with York Region and Municipal design standards, along all streets which will have transit services, sidewalks, and pedestrian access and bus stop locations. 104. The owner shall enter into an agreement with the Regional Municipality of York, 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. Clearance 105. Final approval for registration may be issued in phases provided that: Phasing is proposed in an orderly progression; and ii. All agencies agree to registration by phases and provide clearances as required in Conditions 1 through 3 inclusive, 6 & 7 for each phase proposed for registration by the Owner. The required clearances may relate to lands not located within the phase sought to be registered. 106. The Town of Aurora Planning and Development Services Department shall advise that Conditions 3, 5, 7, 21, 22, 32, 35, 53, 59, 61, 63 & 64 have been satisfied, stating briefly how each condition has been met. 107. The Town of Aurora Financial Services Department shall advise that Condition 37 has been satisfied, stating briefly how the condition has been met. 108. The Town of Aurora Public Works Department shall advise that Conditions 6, 8 through 12 inclusive, 23, 24, 26, 27, 31, 33, 38 through 50 inclusive, 52, 54 through 58 inclusive, 60, 66 and 67 have been satisfied, stating briefly how each condition has been met. 109. The Town of Aurora Leisure Services Department shall advise that Conditions 18 through 20 inclusive, 25, 29 through 37 inclusive 46 and 60 have been satisfied, stating briefly how each condition has been met. 110. Central York Fire Services Department shall advise that Condition 51 has been satisfied, stating briefly how the condition has been met. 111. The Town of Aurora Building Administration Department shall advise that Conditions 4, 60, 63 & 66 have been satisfied, stating briefly how each condition has been met. 112. The Town of Aurora Legal Services Department shall advise that Condition 17 has been satisfied, stating briefly how the condition has been met. 113. The York Region District School Board shall advise that Condition 16 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. —54— COUNCIL - SEPTEMBER 12, 2006 114. The Ministry of Tourism, Culture and Recreation shall advise that Condition 65 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 115. Powerstream shall advise that Condition 15 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 116. Enbridge Gas Distribution Inc. shall advise that Condition 62 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 117. Canada Post shall advise that Conditions 13 & 14 have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 118. The Regional Municipality of York shall advise that Conditions 68 through 104 inclusive have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 119, The Lake Simcoe Region Conservation Authority shall advise that Conditions 20, 23 through 28 inclusive and 45 have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. ISSUED at Aurora this _ day of _, 2006 S. Seibert 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 WITHDRAWN, BUT THE TOWN OF AURORA MAY FROM TIME TO TIME EXTEND THE DURATION OF THE APPROVAL. TA000 Holding Folder\PLANNING DEPT, DRAFT PLAN CONDITIONSWattamy (Aurora) Limited, D12-00-8A Conditions of draft plan approval, Sept 12, 06-gl.DOC -55- COUNCIL - S Francis, Michelle From: Francis, Micl S t: Wednesday, )06 2:05 PM en . ndel, Janet; Wilson, Steve; Petersen, Nancy To: Bishop, Kather Schey Sublect: Miwel Construction; Tender No. P.W • 2006-06; Reconstruction of Hill Drive - SIGNED Attached please find the scanned copies that I thought you might need for your files. If I have negl ected to scan something that you require please let me know. nvaIt filed abdutthe on of e two well Corigo strucinals have L'mbeen tedforwarded back to Steve Wilson in the One original has been Public Works Department Michelle Francis Department Corporate Services 4/lg/2006 — 5 6— COUNCIL - SEPTEMBER 12, 2006 APPENDIX B THIS AGREEMENT made this day of , 2006. BETWEEN: MATTAMY (AURORA) LIMITED (hereinafter called the "Owner") -and- THE CORPORATION OF THE TOWN OF AURORA (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 D12-00- 8A to the Town respecting a proposed residential plan of subdivision to be developed In two (2) phases (hereinafter the "Draft Plan"); AND WHEREAS the Town has enacted By-law 4721-05.D 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. PA 3, 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 a portion of the Owner's lands, being the Phase 2 lands shown on the Phasing Plan attached hereto as Schedule "B", consisting of 40 Lots, being Lots 1, 2, 36 to 56 inclusive and Blocks 57, 58 and 59 as shown on the Draft Plan attached hereto as Schedule "C" (hereinafter the "Phase 2 Lands"); AND WHEREAS the sewer and water infrastructure under The Regional Municipality of York's jurisdiction proposed over certain lands external to the Draft Plan to provide capacity for the proposed residential development of the Phase 2 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 Phase 2 Lands will be .required and may be removed in the future in accordance with the Draft Plan Condition requirements therein; 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 Phase 2 Lands. Such registration shall be at the instance of the Town and at its sole discretion. The Town agrees to release this Agreement in connection with Phase 2 Lands in respect of which a building permit has been issued in relation to a residential building or structure on the Phase 2 Lands, provided -57- COUNCIL - SEPTEMBER 12, 2006 Page 2 however that the Owner has complied with this Agreement to the satisfaction of the Town and Region. 2. The Owner agrees to pay to the Town the cost of registration of this Agreement, 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 Phase 2 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 Phase 2 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 Phase 2 Lands until such time as The Regional Municipality of York 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 within the Phase 2 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 Phase 2 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 Two Hundred Thousand Dollars ($200,000) ("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 Two Hundred Thousand Dollars ($200,000) 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 enure to the benefit of the Town. 8, Address of the Owner: 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: 140 Renfrew Drive, Suite 206, Markham, Ontario, L3R 6133 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, COUNCIL - SEPTEMBER 12, 2006 Page 3 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. 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. MATTAMY (AURORA) LIMITED Per: Name: Ro rt Ju es Title: AS Title: THE CORPORATION OF THE TOWN OF AURORA Per: Tim Jones, Mayor Bob Panizza, Town Clerk -59- COUNCIL - SEPTEMBER 12, 2006 SCHEDULE°A" Legal Description Page 4 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, and being composed of: Firstly: Parcel 25-1, Section W2, Part Lot 25, Con. 2 Whitchurch designated as Part 1, 65R-15541 Secondly: Part Lot 25. Con. 2 Whitchurch designated as Parts 5, 6 and 7, 65R-28793 COUNCIL - SEPTEMBER 12, 2006 SCHEDULE"B" Phasing Plan Page 5 -61- COUNCIL - SEPTEMBER 12, 2006 SCHEDULE"C" Draft Plan of Subdivision Page 6 a - W N m.. s A diae C O b x g fi Ne � E� fi e 8v C C>N�� p pp[ 5 YYg CcJ-�j4cEgf�3kg3ggq �Rd]�exaa'J N� O a �ka�% + � 1 i , •� � .aanax .os°,S'4rnx M.wtie`n�x�� `�a� � a��� , g ILA �;� � r' wa ° F''m T • � a._ a a i §i :o R It i -62- COUNCIL — SEPTEMBER 12, 2006 APRENDIX C TOWN OF AURORA GENERAL COMMITTEE REPORT No. PL06-086 SUBJECT: Proposed Plan of Subdivision and Implementing Zoning Bylaw Mattamy (Aurora) Limited Formerly Quaker Lundy Farms Part of Lot 25, Concession 2 EYS File Numbers: D12-00-SA and D14-23-00 FROM: Sue Seibert, Director of Planning and Development Services DATE: September 5, 2006 RECOMMENDATION THAT the proposed Plan of Subdivision D12-00-8A prepared by Malone Given Parsons Ltd., dated June 1, 2004 and revised August, 2006, be draft approved subject to the Conditions ofDraftApproval attached as Appendix "A"being fulfilled prior to final approval. THAT a total of 73 units of sewage and water capacity be allocated to the Mattamy (Aurora) Limited draft plan lands provided that the owner enters into a 'no sales agreement' with respect to the Phase 2 lands comprising of 40 units. THAT upon review and acceptance by the Town Solicitor the Mayor and the Clerk be authorized to execute the 'no sales agreement' with Mattamy (Aurora) Limited. THAT pursuant to Section 34 (17) of the Planning Act Council has determined that a further public meeting is not required to consider an additional .13ha (.31 ac) parcel of land, which has been conveyed to Mattamy (Aurora) Limited, and now within the implementing Zoning Bylaw area for the subject lands. THAT draft implementing Zoning Bylaw Amendment No. 4843-06.D be approved by Council. BACKGROUND Location/Land Use: The subject lands are located on the south side of St. John's Sideroad approx. 250m east of Bayview Avenue and are known municipally as 938 St. John's Sideroad, being Part Lot 25, Concession 2, EYS. The subject lands have an area of 4.185 hectares (10.34 acres) with a frontage of approximately 205 m (670 ft.) Mattamy Homes also owns lands on the north side of St. John's Sideroad. The subject lands and surrounding properties are shown on Figure 1 attached to this report. —63— COUNCIL — SEPTEMBER 12, 2006 September 5 2006 - 2 - Report No. PL06-086 Application Background: On June 20, 2000 Mattamy (Aurora) Limited submitted applications for Plan of Subdivision and associated Zoning Bylaw Amendment approval on the subject lands. A Public Planning Meeting was held on February 28, 2001 to consider the applications at which time Council passed the following Resolution: "That Council direct staff to continue to work with the applicant in respect of several technical issues which has arisen as a result of the circulation of the above noted Zoning Bylaw Amendment application D14-23-00 and Draft Plan of Subdivision application -D12-00-8A, regarding Part of Lot 25, Concession 2 EYS; and, That staff be directed to report further on the resolution of the technical issues, servicing constraints, Official Plan conformity issues and those outstanding responses from commenting agencies in regard to the proposed Zoning Bylaw Amendment and Draft Plan of Subdivision, prior to Council finalizing its position respecting the applications; and, That staff be directed to bring a report back to a future Public Planning Meeting." On May 3, 2005 Mattamy resubmitted a revised Plan of Subdivision and Rezoning proposing a total of 73 lots. The revised applications were reviewed and are considered to conform to the provisions of the Official Plan. On October 26, 2005 a second Public Planning Meeting was held to consider the revised plan of subdivision and rezoning applications. At that meeting Council passed the following resolution: "THAT report PL05-092 be received as information; and THAT, subject to the resolution of all of the outstanding issues and concerns, including those raised by the public and Council, subject to the resolution of the servicing allocation issues identified in the report, staff be directed to prepare the conditions of draft approval and zoning by-law amendment for consideration by Council: and THAT the draft conditions of approval include an agreement between the applicant and Enbridge to facilitate the design and construction of the enclosure for the gas pressure reduction station and appropriate noise warning clauses be included in the subdivision agreement and be registered on title. " PROPOSAL The applicant has applied to the Town for the approval of a residential draft plan of subdivision and rezoning. The proposed lotting within the draft plan is as follows: —64— COUNCIL — SEPTEMBER 12, 2006 September 5, 2006 - 3 - Report No. PL06-086 LOT TYPES_ (by minimum frontage) Number of Lots 11.Om 36 ft Single detached 18 12.5m 41 ft Single detached 14 13.7m 45 ft Single detached 24 7m 23 ft townhome 17 Total 73 The population projection for the plan is estimated at 219 persons (73 units x 3.0 persons per unit). It is noted that on November 4, 2005 the Committee of Adjustment approved a consent to convey a .13ha (.31 ac) parcel from the westerly abutting lands (Glyn Jones)to Mattamyto allow the road linkage for Mavrinac Blvd. The lands have been conveyed and these lands have now been added to the draft plan area. The draft plan also includes, a road widening block adjacent to St. John's Sideroad, appropriate .3m reserve blocks, and two (2) future development blocks (to be developed in conjunction with adjacent lands) totaling .02 ha. As illustrated on Figure 2, the draft plan of subdivision includes the north south collector road (Mavrinac Boulevard) which runs through the 213 Neighbourhood interconnecting St. John's Sideroad and Wellington Street. The road pattern of the plan also includes two local roads that will link Mavrinac Boulevard and the lands to the west owned by Victor Priestly/Claretree Developments 105 Inc. Street C is proposed as a'window road' adjacent to St. John's Sideroad Official Plan The subject lands are designated "Medium -High Density Residential" and "Low -Medium Density Residential" pursuant to the provisions of OPA 30 (Bayview North East Secondary Plan. To provide clarity, a line has been drawn on the draft plan which outlines the boundary of each designation. The Medium -High Density Residential designation which applies to the westerly component shall generally not exceed 99 units per ha. (40 units per ac). The Low Medium Density area is to have an overall density not to exceed 25 units per net hectare or 10 units per net acre. The Medium High Density Residential density as shown on the plan is approx. 34.5 units per net ha (13.96 units per net ac), and the Low Medium Density as shown on the plan contains only single detached dwellings at a density of 16 units per hectare (6.6 u/ac) both of which conform to the density provisions of the Official Plan. Staff have reviewed the plan and are of the opinion that the residential development as —65— COUNCIL — SEPTEMBER 12, 2006 September 5 2006 - 4 - Report No, PL06-086 shown conforms to the density and development policy provisions of the Official Plan. Zoning Bylaw The proposed zoning of the lands would be from (RU) Rural General to Detached Dwelling Second Density R2-67 Exception Zone, R2-68 Exception and R2-73 Exception to allow for the single detached lots and Row Dwelling Residential R6-46 Exception Zone to allow the townhousing lots. These zone standards are consistent with the bylaw provisions that apply to corresponding residential development within the 2B Neighbouhood. A holding (H) bylaw provision will apply to the Phase 2 development lands. The proposed zoning bylaw and schedule on the draft plan background is attached as Appendix 2. As noted above a .13ha (.31ac) parcel of land was conveyed from the easterly abutting land owner to Mattamy and now forms part of the plan of subdivision primarily as road allowance. As these lands were not included at the time of the October public meeting and a Council resolution is required to advising that it is satisfied that a second public meeting is not required for the zoning of these lands. Servicing 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 June 20, 2006). The Mattamy application is ranked as being tied for first priority for allocation among all active applications. Mattamy is requesting allocation of 73 units and all these units are available for allocation in accordance with the approved policy and matrix. The remaining town wide allocation capacity is 551 units and of these, 101 units have no restrictions pertaining to building permits and 450 units have certain restrictions that will require additional draft approval conditions restricting building permit issuance and pre - sales until the Region has indicated in writing that the infrastructure has progressed to a point to allow for the removal of these restrictions. The approved allocation matrix indicates that 33 units within the Mattamy Plan will not be subject to building permit restrictions and that the remaining 40 units will require conditions of draft plan approval restricting pre -sales and building permit issuance until the Region has indicated in writing that the infrastructure has progressed to a point to allow for the removal of these restrictions. The total allocation being recommended by staff is therefore 73 units with draft plan conditions containing restrictions on 40 of these units. Stormwater Management and Proposed Grading Cut The Environmental Management Strategy (EMS) for the 213 Lands and subsequent addendums were previously approved by the Town and the Lake Simcoe Region Conservation Authority. The provisions of that plan are to be implemented through the draft plans of subdivision. A Master Servicing Report (MSR) and more detailed stormwater 21410 COUNCIL — SEPTEMBER 12, 2006 September 5, 2006 -5- Report No. PL06-086 management strategy forthe subject lands have been submitted to the Town to implement the EMS and MSR. The stormwater management strategy proposes a stormwater management facility consisting of two linked ponds to service the most northerly section of the 213 neighbourhood including the Mattamy (Aurora) Limited plan. It should be noted that the ponds have been designed to function as a hybrid wetland and wet pond facility. The pond facility is to be located on the north side of St. John's Sideroad between the road allowance and the East Holland River tributary directly across from the subject draft plan area. These lands are also owned by Mattamy Homes and would be conveyed to the Town as a condition of draft plan approval. A separate agreement, suitable to the Town, will be required to address the required off site works. As a result of the location and configuration of the pond facility and the grading that would have to occur within the existing Regional Storm Roodline to accommodate the ponds, a downstream grading cut is proposed as a `balance'to compensate forthe loss offloodland. The area proposed for the cut is situated on the easterly (opposite) side of the creek bank from the proposed pond, within the 2C Lands. The cut is to balance for the filling of the area around the stormwater management pond and will represent an equal area to the area to be regraded and filled for the construction of the pond facility. The cut would be situated a minimum of 30m from the easterly bank of the creek and will be graded to match the existing grade and slopes of the surrounding lands. The total area to be disturbed would be approximately 28m (90 ft) wide by 275m (900 ft) long running parallel to the creek and would be excavated to a maximum depth of 1.6m (5 ft ). The locations of the storm water management facility and the proposed cut area is shown diagrammatically on Figure 3 to this staff report. Mattamy has submitted a Natural Heritage Addendum (July 2006) to assess the environmental impact to the proposed 2C cut area. Staff and the LSRCA have reviewed the matter and North South Environmental was retained by the Town to peer review the document, primarily to ensure that any grading works that are to occur adjacent to the creek within the 2C Lands would not result in negative impacts to the 2C Natural Heritage Plan as approved by Council. North South has responded that it has no objection to the proposed cut and have provided observations and recommendations which will further preserve the existing environmental function and quality of the adjacent watercourse. These recommendations relate to detailed grading to ensure the riparian function, planting species recommendations and use of soils. It should be noted that the regrading of the cut will result in an additional .77ha (1.4 ac.) of undeveloped/ environmental lands adjacent to the East Holland River valley. A landscape restoration plan was also recently submitted to illustrate how the proposed grading and landscape treatment for this cut area can occur to improve the vegetation and the valleyland function. The LSRCA, staff and the Town's peer review consultant have reviewed the revised SWM report, 2C cut Natural Heritage Addendum and landscaping restoration submissions as submitted for review by the applicant's consultants, and staff are satisfied that these reports are acceptable and will implement the 2B Environmental Management Strategy. —67— COUNCIL — SEPTEMBER 12, 2006 September 5, 2006 - 6 - Report No. PL06-086 Woodlot/ Hedgerow Assessment As noted above the subject lands are designated Low -Medium and Medium High density residential, however the Greenland Systems section of the 213 Environmental Management Strategy demarcates the Mattamy lands as a Medium Constraint Area, being areas of less natural significance than high constraint areas, but which nonetheless contribute to maintenance of linkages and wildlife habitat. The natural features of these areas are intended for protection but the lands can accommodate development as long as the essential functions and attributes of the features can be maintained. As part of the review for these lands Mattamy undertook an Environmental Impact Study (April 2005), a Hedgerow Assessment (July 2006) and a Tree Assessment -and Valuation (June 2006). These reports were prepared to assess the existing conditions of the natural features, examine the potential impact to these features as a result of the proposed development and recommend mitigation strategies to protect the overall function of the 213 natural features. The reports identified that the most significant feature on the property is a cultural woodlot including a mature hedgerow in proximity to the southerly property line which could be preserved in part, provided provisions for buffering in the form of increased building setbacks and only minor alteration of grades in the area were to occur. The location of the hedgerow is not identified as being within any parkland or open space blocks but and as such would be within the lots within the draft plan. The reports also identify the development would, over time have an impact on the vegetation preservation and recommends that the Town consider alternatives to enhance the function of nearby natural areas which would offset the loss of the vegetation. The Town undertook a peer review of the Woodlot/ hedgerow assessment and the tree assessment. Staff have reviewed the potential benefits and maintenance constraints associated with rear yard tree preservation on the subject plan. In Staff's assessment of the matter it is recognized that after the required clearing and pruning of dead or diseased trees the vegetation that would remain in the rear yards of the individual lots, would ultimately come under stress and as such would not likely regenerate in the form of a hedgerow/ woodlot as envisioned by the EMS. Furthermore, as the trees would be on privately owned lands the Town would be unable to, in any effective manner, ensure that the trees would be maintained. It is staff's assessment that even over a short period of time individual trees in the hedgerow could become a hazard and would have to be removed at the homeowners cost. Staff concurs with the applicant's consultants recommendation that, as an alternative and in lieu of the tree preservation in this area, that the owner provide tree plantings elsewhere within the East Holland River Valley Corridor to compensate for the loss of trees. Staff have advised the applicant that, to enhance this planting plan, that healthy and salvageable black and sugar maple tree should be spaded out of the hedgerow and transplanted in an appropriate location within the East Holland River Valley Corridor. Staff further recommends that Mattamy pay the Town a lump sum using the Ontario Arbourists Tree Valuation Formula for the loss of the vegetation. In addition staff further recommend that suitable native species of tree be planted by the owner in the rear yards of lots 1-16 which would, overtime, re-establish the natural planting corridor of the hedgerow. —68— COUNCIL — SEPTEMBER 12, 2006 September 5, 2006 - 7 - Report No. PLO6-086 It is noted that the issues related to the hedgerow transplanting plan and compensation proposal were discussed with David Tomlinson who is assisting the Town with the buffer plantings adjacent to the East Aurora Wetland Complex. Mr Tomlinson agrees with the approach recommended herein. The owner is aware of staff recommendations in this regard. Noise/ Enbridge Gas Pressure Reduction Station The subject lands abut St. John's Sideroad which is considered to be a noise source. The owner will be required to submit an acceptable noise study and implement noise control measures to ensure that all lots meet the current MOE minimum noise level standards. Enbridge Gas Distribution Inc. owns and operates an existing natural gas pressure reduction station on the south side of St. John's Sideroad on property which abuts the north east corner of the Mattamy lands. Enbridge has submitted comments requesting that a draft plan condition be included which would address its concern regarding noise abatement measures of the existing pressure reduction station onto the adjacent residential development. A draft plan condition has been included which requires that the Town be notified by Enbridge that it is satisfied with the provisions being made by Mattamy for the costs of erecting an enclosure to surround part of the as -built infrastructure which would mitigate noise impacts to an acceptable level. Mattamy have advised the Town that it has agreed with Enbridge on this matter and is satisfied with this being included as a draft plan condition. Departmental and agency comments/ conditions of draft plan approval The proposed Conditions of Draft Approval have been formulated in consultation with relevant Town departments along with external agencies in accordance with standard Town conditions, along with site -specific conditions for the subject development. The conditions deal with utilities, vegetation preservation and landscaping, stormwater management, site servicing/engineering and urban design. Specifically, the urban design condition requires the applicant to conform to the comprehensive, site -specific Urban Design Guidelines approved by Council for the 213 community. A condition has also been included which required the lands to be appropriately zoned by a zoning by-law that has come into force in accordance with the provisions of the Planning Act. The proposed Conditions of Draft Plan Approval are attached as Appendix "A". Region of York Comments: The Region requires that prior to the registration of any phase of this development the Region is to confirm that the required infrastructure has been completed to a satisfactory point that ensures servicing will be online upon occupancy and that sufficient water and wastewater servicing capacity has been allocated by the Town of Aurora. The Region requests that the lands beyond Phase 1 within this draft plan of subdivision be COUNCIL — SEPTEMBER 12, 2006 September 5, 2006 - 8 - Report No. PL06-086 subject to various restrictions, including a Holding 'H' zone, to ensure that the water and sewer servicing are available priorto occupancy and a "no pre -sale agreement' between the developer and Town of Aurora prohibiting the sale of residential lands to end users. This matter is discussed in greater detail above under "Servicing Allocation". The Region's conditions have been included as draft plan conditions. OPTIONS The plan of subdivision was initially submitted for review in 2000. The plan has been revised and is now considered to conform to the Official Plan and the Town's development polices and zone standards. The plan is recommended for draft plan approval by all commenting departments and agencies. Council therefore has the option of draft approving the Plan of Subdivision based on the attached schedule of conditions. Alternatively Council can direct staff to provide additional information, modify or add draft plan conditions. PROVINCIAL POLICY STATEMENT The subject proposal is consistent with the provisions of the Provincial Policy Statement. FINANCIAL IMPLICATIONS Payment of Development Charges and other financial obligations of the developer will be outlined in the subdivision agreement. LINK TO STRATEGIC PLAN The Strategic Plan contains objectives that 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 Plan also provides the goal of promoting a healthy environment that fosters social and physical wellbeing. The processing and review of the subject plan of subdivision and rezoning applications facilitates these objectives. CONCLUSION The subject draft plan of subdivision proposes a 73 lot subdivision within the 213 development area. The subject plan is considered to conform to the Official Plan policies contained within Official Plan Amendment 30. The draft plan and associated servicing and infrastructure plans are considered to comply with the development policies of the Region the Town and the LSRCA. The proposed Draft Plan of Subdivision has been reviewed by staff and external agencies and the draft conditions have been prepared including recommended conditions from internal departments and agencies. Accordingly, the proposed draft plan approval and draft plan conditions as set out in Appendix "A" are appropriate for Council's consideration at this time. —70— COUNCIL — SEPTEMBER 12, 2006 September 5, 2006 - 9 - Report No. PL06-086 ATTACHMENTS Figures Figure 1 - Location Plan Figure 2 — Mattamy (Aurora) Ltd. Proposed Draft Plan of Subdivision Figure 3- Plan showing location of surrounding works. Figure 4- Draft Zoning Bylaw Figure 5- Proposed Phasing Plan Figure 6 — Schedule AA to OPA 30 Appendixes Appendix "A" — Proposed Conditions of Draft Plan Approval PRE -SUBMISSION REVIEW Management Team Meeting — August 30, 2006 ue Seibert, M.C.1.P., R.P.P. Director of Planning and Development Services John S. Rogers C.A.O —71— PLGY� - C.`d 6. c o ° m W O � W:yy N C � a � H m N b O J N � Y mil_ - `-'_ I; �-'I•= J _ CL .O o, PIIenWaY- • N I----� m(--_— N n a�-------- LU T r e 0 CD Q •:'i }i`::'ii::::'': iaJ:i i.Ut': Sl': _-_'iO F-----_�,,.,�_ J �I W n+� o i - O - 'C �lWiasiAv`e_ p w CC fA W , a N F 3IlN3Ab M31A lF/8 a Q N Ly W .J}daN L4Ql CL'L°_Q°r5Lo WZ Qzm O oz 1�` oZN I1 0. yO. W oo 1W o G. -j ¢ J ¢aap \ �\ fCII LIRF ;;'CSKr: :N77;11. ,! S T. 'S-O—H— S I D E R".0 A-D w'z'Hnun H9 2 PAR f 1` zw5 l �.p R, R- PART 2 url,nabrk s9_. -,. N t \ FON'Cil y eLBCRer- S-a'vwnrcoukes m �_ (aumrs X M N ll/ D 14 4 aLOCK 5 99N ! 4-O.i a1Z ownh49a9- 6 p X 014- 15 03 awe I s s.:9LOCK 59 W.k 70 — OAm Rnery W 49d� m � !xe am mR�Yu flmern � j a 1M4849 9\\ 1 12Y; i a x 56 55 54 53 w J�e •I3.� .LO fe3'J 12: 35 36 J,2,r 31 30 S'h... _ �,' 11 " G ♦ 47 lose 6gg Bb.k 88 77'..,P x d,' O.Jm flnart �. n N I .. X � y\ lack 671—. a \ 45 1 ♦ e6 ` k ---- o FLow".' eavelwmi 20 ♦ 21 1 1 � 39.21 42 z ,,.....-.,..,a 90 ,)41 , 1 N � / ♦ ♦ 23 m X IX ,:. � ♦ X I ,gb II G 9lmk ee 1 ow�0 1 SLOCK11 1 , 2 11 3 4' �5 6 .7B utura Development 1 _ - a ®o.imk6 ^.ern`�6 •`N,73'17r20"E 3_ Approxt' ate Limit of Medil9m IHlgh.pensity 1 \ ,r ,, \,, I I hj j I Appmximpte Llinitmf w-Medoum Density .- I. 1 Max. Dgns4 - 99 uph I .i Max, Density - 25 upfS Penalty Prpvlded - 56 uph _ _,,. _ I_. _ --- __- . ' _Density Projdded - 25 4ph --°' i \ r ' — 7- C T f ®*� -*� C04CEPTUAL 810el TALK LC a DRAFT PLAN OF SUBDIVISION APPLICANT: MATTAMY (AURORA) LIMITED FILES: D12-00-8A & D14-23-00 AURORA PLANNING & DEVELOPMENT SERVICES DATE: SEPTEMBER 5! 2006 SCheduieof Land Use NmtA) RABR 0.%e AURORA. 9.ozfi,i aagb. Yur>m. yaw r..mp�^q 0A14 j FIGURE 2 laUBbck LrM Uae Un9s . _ -So le W ISB -SIn MRFe.11 ml mN lZ5.111 6i-6e taxnMueeLln i.%m eoes_ :rF^mom—oea.pm _ as=._laoa_ww.M.y_.___ 9 _ 6b2O---- N a R.R O.W.=1 fim) fi"^^°"° d1 :__ _dim! _ Draft Plan of Subdivision Map mated by the Town of Aurora Planning Department, September ist, 2006 II Base data provided by Malone Given Parsons Ltd. a w 0 0 E anNanvM3`' AAVEI G Og LL T m a m m U m a o o N N a 3 F U W D 7 N Y o J � a rn w c o N a ui a` � m m m c o m m =Lo m a .'�a E C 2 5 M m, L) ' N 06 to w U a> w w Z F N � Z 'C6 J W V � � a Z_ 0o0 mow Q N W c O }r0N � w Zozm w z °- NgW Q UD�fA W awMF aim¢ Q Qu.Q❑ COUNCIL — SEPTEMBER 12, 2006 FIGURE 4 The Corporation of the Town of Aurora By-law Number .06. D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning Bylaw of the Town of Aurora. - (File: D14-23-00, Mattamy(Aurora) Limited) WHEREAS Section 34 of the Planning Act, 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 the Zoning By-law, as amended; AND WHEREAS the Council of the Corporation of the Town of Aurora deems it advisable to further amend By-law 221348, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1) THAT the zoning categories applying to the lands shown in dark outline on Schedule "A" attached hereto and forming part of this By-law are hereby amended from: 'Rural General (RU) Zone" to; Detached Dwelling Second Density Residential R2-67 Exception Zone", "Detached Dwelling Second Density Residential R2-68 Exception Zone", "Detached Dwelling Second Density Residential R2-73 Exception Zone" "Detached Dwelling Second Density Residential Holding (H) R2-67 Exception Zone", "Detached Dwelling Second Density Residential Holding (H) R2-68 Exception Zone", "Detached Dwelling Second Density Residential Holding (H) R2-73 Exception Zone" and "Row Dwelling Residential Holding (H) R6-46 Exception Zone." 2) Holding Prefix Notwithstanding the provisions of Section 11.70 of By-law 221-78, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)R2- 67, (H)R2-68, (H)R2-73 and (H)R6-46, on Schedule "A" attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses which existed on the date of passing of this by-law. Furthermore, no extension or enlargement of the uses which existed on the date of the passing of this by-law shall occur, unless an amendment to this —75— COUNCIL — SEPTEMBER 12, 2006 by-law is approved by the Council of the Corporation of the Town of Aurora and comes into full force and effect. Removal of Holding Prefix Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands zoned (H) R2-67, (H) R2-68, (H) R2-73 and (H)R6-46 or any part thereof, the Town of Aurora shall be satisfied that the relevant provisions of Section 4.3.2 of the Official Plan have been complied with. In addition, to the foregoing, and prior to the removal of the "(H)" Holding prefix, the following shall have been complied with: i) The Region of York has confirmed that adequate servicing capacity is available, and the Town of Aurora has allocated such capacity; ii) 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; and iii) The Town of Aurora is satisfied that the removal of the "(H)" represents a logical and orderly progression of development. Upon removal of the "(H)" Holding prefix from the lands zoned (H) R2-67, (H) R2-68, (H) R2-73 and (H) R6-46, pursuant to Section 36 of the Planning Act, or any successor thereto; the provisions applicable to the said lands shall be as set out in Sections 1 1.76.1 and 1 1.76.2. READ A FIRST, SECOND AND THIRD TIME THIS DAY OF T. JONES, MAYOR B. PANIZZA, TOWN CLERK , 2006. —76— GONG 6 I ST, urc 3'dcn2 hoNC,/ 1� 1 � .6m S,yM Fyen *LIVE RFSrDErd77q(. ILMmwem oimk He..iw\\ B W 'K trLocii sa � awnh euR2ulro 9S5 y .BLOCK 59. ,f Block i0 aam R..,n. 12, 2906 4 ;�i 7CikF ii4. ��lPE''t'•77A[ I,l S I D E R:O-A D (Y. R,--26t _ 48 49 5bN`�lA,/,Le.aa 46 ♦ -•I♦ 18•, 45 ♦ , ki .20 a ♦ 21 42\ • 64 , ' � 12 35 36 , 3� -" 38 39 40 ♦ ♦ 23 A y sm _ Y Aso 26 _32r 31 30 \29 \2B 27 I Feet. IBA'" �R M fl 1 \ Ixk6](-- g _ '-0 fle4rvv e BLCC 50 I` �' Pmur,ddBdppppevelopm. aals n' Lco n.w .rY n/ �i\xsa'- laio.� /7 16 16 BLOCK 6'I i y 2 13 d' � 5 6 8-- 9 --71 12, 1J••, ' i4 15 r oDe lop uture Development _10-- �' 5® i' 205,6¢ .39 `.1 Ap�raximata Limlt MediL�m1High density Appvlmate &nit4f.Low-Medium"Den Qf I 1 Max. Density-99 uph j l j I sity Max. Density-26 uph . �. _.. _. �ensityPyoovided-5}3uph_ _� _ s_. _ ,'l ', DtfnsltyProvjded-3gph.;, _ _. . pr:: IPO;?CFt !r�"4(SYvPJS rC�. �� P V4 Gr _ S;Uh•I,;;i SiU;J s_.' ._ `�•,t .. 11 ,2 00 :. I C04GIEPTUAL SIDEVW L PROPOSED ZONING APPLICANT: MATTAMY (AURORA) LIMITED FILES: D12-00-8A & D14-23-00 AURORA PLANNING & DEVELOPMENT SERVICES DATE: SEPTEMBER 5, 2006 Schedule of Land Use I'---�sl le Pom 1e - ISA E11.0n _ �5 hfpMl mN12Rm 19 tAAW l 91igk FaMry lmin l]I- G/69 LavnMuamfMn ZAlm W R 0,916 iV661 � iutu�e WwMo ant 0.026 - Az -- FmdW W, _ 1x41 G4 0 QAm Reserves 9Y..X, _ Noadrl F.O,W.'-1'/Bm - f1WKQJYy=UM IA@� Draft Plan of Subdivision p mated by the Town of Aurora Planning Department, September l st, 2006. Base data provided by Malone Given Parsons Ltd. 8T. JOHN'S SIDEROAD (Y.R.26) T R73'28'40"E 205.54 A 47 j L rPo'fiase 2 J. A f7 49 W 0 4d 45 A A ra 44 A 66 H 54 'V A 43 A i 42 A ` A ? 2 ZYx 37 VV 40 \Aj 4A m a 0 4 0 'A n1 3v 1f 311 V 292627 2 J 25 24 'T 700h a-s,,w -ew -1 m a. m ftw—ee-1-11w — " " m m m are � ' - '- - I I &e M ktxsn, rs f J25 4 17 6 7 8 0 r0 rr a Yj A 9 NIJ 11�4V L 5 Schedule of Land Use PROPOSEDPHASINGaj APPLICANT: MATTAMY (AURORA) LIMITED FILES: D12-00-BA & D14-23-00 AURORA PLANNING & DEVELOPMENT SERVICES DATE: SEPTEMBER 6 2006 1-5d .4h 1. FaW M125. Aa oFo m 13.7. 78- T4— 24 2.QV U.9 1,402 0�1 3 CONCEPTUAL SICEWALK LO AuRoRA ... j.Y FIGURE 5 Draft Plan of Subdivision ft2atad by the Town of Aurora Planning Department, September 1st, 2006, Base data provided by Malone Given Parsons Ltd. 1+1.O LGAo rn +r dfr%/r7lYI%1f%,�f v O Of? /, 0 I0 0 'r ? O O r-n UBJECT LANDS SCHEDULE "AA" Land Use Plan Sayview Northeast Secondary Plan LEGEND Low -Medium Dowdy PwNwtlel qy-.. Mallon -High DewM/ -yrC Pwkentlel ��T= � Camenle�Camme,clal • Dammuniry Camme,del mkwuw p Budh. Pads S.m.W 8r 1 $-wmm aemm,lery 8chaol �r � � . ��1IIYI� Publk ne,wnmry 9ahocl r1f,•%/. '`'�3 Neighhaavhaod Park i f;ff Linear&Wermaen Bp "'� Smmiwalx Mp,mg meMPetlllry +' (lomlone wnwpWel only) , one,. aewmmeMetl Emlmnmenlal PmmW Line r� Secondary Plan Boundary rrv? l; ! 1� Aw J 1 f,4 IYI;f •a. OPA 30 SCHEDULE "AA" APPLICANT: MATTAMY (AURORA) LIMITED N AuuopA FILE: D12-00-8A & D14-23-00 yon:;na nyn f, AURORA PLANNING & DEVELOPMENT SERVICES _ DATE: SEPTEMBER 5, 2006 FIGURE 6 Schedule "AA"Mapgreated by the Town of Aurora Planning Zuuo. s COUNCIL — SEPTEMBER 12, 2006 Appendix A DRAFT PLAN CONDITIONS MATTAMY (AURORA) LIMITED FILE D12-00-8A August 4, 2006 General Approval shall relate to a Draft Plan of Subdivision D12-00-8A prepared by: Malone Given Parsons Ltd., project no.: 1241, dated: June 1, 2004, revised: August, 2006. 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: (i) 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; (ii) That all required agreements have been executed between the Owner and the Town of Aurora and can be registered on title; (iii) That all necessary approvals have been received from all other relevant agencies and/or government bodies; (iv) The removal of the "H" represents a logical and orderly progression of development; and, (v) Compliance with the relevant policies of the Bayview Northeast Area 2B Secondary Plan (OPA No. 30). 4. The Owner shall, prior to final approval, 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. 5. 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 engineering standards of the Town of Aurora and the Region of York, which may result in the loss of Lots. COUNCIL — SEPTEMBER 12, 2006 -2- Phasing 6. The Owner shall agree in the: subdivision agreement that the lands shall only be developed in accordance with the Phasing Plan dated September 1 2006, or as subsequently approved by the Town and the Region of York. 7. The registration of the proposed plan of subdivision may occur in phases, as approved by the Town. The Owner shall agree in the Subdivision Agreement. with the Town, which shall be registered on title, that no further approvals shall be granted for any additional phases, beyond Phase 1, until the Region of York has confirmed that adequate servicing capacity (e.g. water, storm and sanitary) is available, and the Town of Aurora has allocated such capacity to the subsequent phases. The Owner shall agree in the Subdivision Agreement that all lands beyond Phase I shall not be offered for purchase and sale and, shall be placed in a Holding Zone, until the above noted confirmation of servicing capacity and allocation has been provided to the satisfaction of the Town of Aurora and the Region of York. Utilities 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. 9. Such easements as maybe required for utility or drainage purposes shall be granted to the appropriate authority. 10. Natural gas, telecommunication service providers, 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. 11. 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. 12. 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 Town of Aurora, and to satisfy all conditions, financial and otherwise of the Town of Aurora. 13. The Owner shall agree in the Subdivision Agreement to satisfy the requirements of the Canada Post Corporation regarding: i) suitable locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans. ssm COUNCIL - SEPTEMBER 12, 2006 BIB ii) 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. iii) 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 numbers) of each of these Community Mailbox locations, iv) to provide the following for each Community Mailbox site and include these requirements on appropriate servicing plans: an appropriately sized sidewalk section (concrete pad), as per Canada Post specifications to place the Community Mailboxes on. any required walkway across the boulevard, as per municipal standards any required curb depressions for wheelchair access 14. The owner/developer further agrees to determine, 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 Canada Post to provide mail service to new residences as soon as homes are occupied. 15. 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 or its successor, and the Owner will be responsible for entering into an Electrical Plant Agreement with Powerstream or its successor, for the supply and installation of the electrical services in the subdivision. School Board 16, The Owner shall agree in the Subdivision Agreement, to include in all Offers of Purchase and Sale with prospective purchasers a notice in wording satisfactory to The York Region District School Board advising that unless the provincial funding model provides sufficient funds to construct new schools, there can be no assurance as to the timing of new school construction nor a guarantee that public school accommodation will be provided within the 2B neighbourhood notwithstanding the designation of public elementary school sites. OHM COUNCIL - SEPTEMBER 12, 2006 1XIE Parkland 17. The Owner shall agree in the Subdivision Agreement to provide cash -in -lieu of parkland to the Town of Aurora, in accordance with the provisions of the Planning Act and the Town's Cash -in -Lieu of Parkland By-law 4291-011, as amended or any successor thereto and applicable policies. Trails 18. The Owner shall agree in the Subdivision Agreement to provide sufficient lands required to facilitate the construction of a multipurpose offroad trail/pathway three metres (3.6m) in width within the road allowance along the entire St. John's Sideroad frontage of the Plan, to the satisfaction of the Director of Leisure Services. Vegetation Preservation and Transplanting 19. The Owner shall agree in the Subdivision Agreement to provide and implement the following tree preservation and transplanting measures based on the intent of the St. John's Hedgerow Assessment and Evaluation Report prepared by LGL Limited July 2006 and in accordance with Town of Aurora tree preservation standards, to the satisfaction of the Director of Leisure Services: Tree removal shall not occur on any Lots or Blocks within the Plan without prior written approval of the Director of Leisure Services. ii) Temporary protection fencing and/or silt fencing shall be installed along the property limits adjacent existing vegetation prior to topsoil removal activities. Said fencing shall be maintained in good condition for the duration of development on the lands, to the satisfaction of the Director of Leisure Services. iii) Financial compensation shall be paid to the Town in an amount and manner satisfactory to the Director of Leisure Services for removal of the hedgerow vegetation, based on the Tree Assessment and Valuation Report prepared by Kuntz Forestry Consulting, 29 June 2006. iv) Native tree plantings within the rear yards of Lots 1 — 16 inclusive shall be designed and implemented in order to re-establish hedgerow vegetation, to the satisfaction of the Director of Leisure Services. v) Suitable black maple and sugar maple specimens within the hedgerow and regenerating woodland community shall be transplanted to the East Holland River corridor. A Transplanting Strategy shall be submitted and implemented by the Owner and shall be approved by the Town prior to tree removal operations. The Strategy shall include assessment, identification and protection of suitable specimens, transplanting specifications, plans identifying exact location of transplanted material, and a five (5) year maintenance program for all transplants, to the satisfaction of the Director of Leisure Services. vi) Securities shall be provided to the Town of Aurora in the amount of one hundred percent (100%) of the value of the Transplanting Strategy and five (5) year maintenance program for the purposes of securing one hundred percent (100%) survival of transplanted material. �a COUNCIL — SEPTEMBER 12, 2006 %is vii) The Town may consider at its sole discretion to accept a financial payment in lieu of the Transplanting Strategy and Security requirements identified in Condition 19, sub -points v) and vi) above, to the satisfaction of the Director of Leisure Services. Open Space 20. Prior to final approval the Owner shall agree in an agreement suitable to the Town that no grading or removal of vegetation shall occur on the lands on the north side of St. John Sideroad owned by Matttamy Homes within the 2C Secondary Plan Area, required for a cut -fill balance as referenced within the Storm Water Management Strategy 2B Lands, prepared by Counterpoint.Engineering, dated April 28, 2004 and revised July 14, 2006 until the submission and approval of a Vegetation Restoration Plan which addresses, appropriate implementation of grading, planting, fencing and maintenance for the 2C cut area and a detailed desription of the land through an R Plan to the satisfaction of the Lake Simcoe Region Conservation Authority and the Director of Leisure Services. 21. Prior to final approval the Owner shall agree in an agreement suitable to the Town to reconstruct a driveway access to the Lundy Farm Heritage house located on the north side of St. John's Sideroad on lands also owned by Mattamy Homes and that appropriate security fencing and building security be installed to the satisfaction of the Director of Planning and Development Services. 22. The Owner shall agree in the Subdivision Agreement to provide a "Natural Systems Stewardship Brochure" to the satisfaction of the Town of Aurora for inclusion in all Offers of Purchase and Sale of all Lots within the subdivision, and to register on title of all lots within the subdivision for subsequent purchasers, that will provide educational material respecting the significance and sensitivity of the Valley Lands and the Provincially Significant East Aurora Wetland Complex, and such activities as: i. Refuse/yard waste/composting; ii. Fertilizer and pesticide use (inclusive of herbicides, insecticides and fungicides); iii. Natural area vegetation and soil protection; iv. Open space access and trail use; v. Domestic pet impacts and controls; vi. Invasive plant spreading; vii. Promoting planting of native species; viii. Proper swimming pool management techniques; ix. Impacts of noise and lighting; x. Protection of soil and vegetation on natural areas; and MEM COUNCIL - SEPTEMBER 12, 2006 M A. The ecological role of stormwater treatment facilities. Stormwater Management, Lake Simcoe Region Conservation Authoirty 23. A stormwater management pond and related land cut to service the stormwater flows from the plan is proposed to be constructed on the north side of St. John's Sideroad on lands also owned by Mattamy Homes. As such, prior to final approval the Owner shall agree in an agreement suitable to the Town to convey, at no cost and free of all encumbrances, all necessary lands on the north side of St. John's Sideroad, owned by Mattamy Homes, for a stormwater management pond as shown within Counterpoint Engineering Stormwater Management Strategy 213 Lands, April 28, 2004, revised July 14, 2006. 24.: The Owner shall agree in the Subdivision Agreement or other agreement suitable to the Town to prepare and to implement a Stormwater Management Report, incorporating Enhanced Protection (MOE, 2003) which is acceptable to the Town of Aurora, the Lake Simcoe Region Conservation Authority and the Ministry of the Environment. The said Report shall substantiate that the development lands meet the stormwater quantity and quality requirements in accordance with the latest Provincial guidelines. Provision must be made to locate detention facilities above the elevation of the 1:100 year storm floodline if applicable. Further, the said Report shall include a recommended protocol for the future maintenance of the facility. 25. That the owner shall agree in the Subdivision Agreement or other agreement suitable to the Town to prepare landscape design plans and implement landscape works on site for the stormwater management facility to the satisfaction of the Director of Leisure Services and the Lake Simcoe Region Conservation Authority. Works shall include the installation of submergent and emergent aquatic vegetation in accordance with the latest MOE design manual, placement of 300mm depth topsoil, finish grading and seeding of ground cover vegetation, and extensive tree and shrub naturalization of the pond slopes and top of bank areas. 26. Prior to undertaking any grading on the site, and in connection with the Topsoil Removal Permit, 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. 27. That 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 Directorr of Public Works and the Lake Simcoe Region Conservation Authority. 28. That the owner shall obtain any and all necessary approvals under the Federal Fisheries Act and necessary Lake Simcoe Region Conservation Authority permits to the satisfaction of the Lake Simcoe Region Conservaiton Authority. Landscaping and Fencing 29. The Owner shall agree in the Subdivision Agreement to provide landscape design plans and implement landscape works on -site, satisfactory to the Director of Leisure Services, for the installation of street trees on all road allowances within the Draft Plan in IIm COUNCIL - SEPTEMBER 12, 2006 grim accordance with Town standards. 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. 30. The Owner shall agree in the Subdivision Agreement to provide landscape design plans and implement landscape works on -site for all proposed fencing, landscape structures, centre median landscaping, subdivision entry features and window street buffer plantings, or any other landscape features as may be required by urban design controls, to the satisfaction of the Director of Leisure Services. 31. The Owner shall agree in the Subdivision Agreement to provide landscape design plans and implement on -site works for the boulevards of the parallel street (Street C) flanking St. John's Sideroad to address headlight screening and buffering requirements. The development of the said plans are to be co-ordinated with the recommendations from the approved Noise Study and Internal Traffic Study, to the satisfaction of the Director of Leisure Services, and Director of Public Works. 32. The Owner shall agree in the Subdivision Agreement that all landscape requirements along the St. John's Sideroad flankage, including entry structures and associated landscaping, fencing, berming and planting, shall be consistent with urban design requirements approved by the Town, namely The Bayview Northeast Neighbourhoods Architectural Design Guidelines, prepared by The Planning Partnership, October 2, 2002, and shall provide a high level of quality in design, material selection and construction. Landscaping shall be designed and implemented to achieve an overall cohesive streetscape concept for the 2B Neighbourhood meeting all Town and Regional requirements to the satisfaction of the Director of Planning and Director of Leisure Services. 33. The Owner shall agree in the Subdivision Agreement to provide a consistent and continuous minimum depth of 300mm of topsoil for all areas associated with tree plantings within the Plan. These areas shall include all boulevard areas designated for street tree plantings, planting beds associated with entry features, landscape areas flanking St. John's Sideroad, and stormwater pond areas, satisfactory to the Director of Public Work and the Director of Leisure Services. 34. 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. Topsoil shall be tested to confirm soil type (i.e. percentage of sand, silt and clay and organic content) macro and micronutrient content and pH levels. The Owner shall further agree to implement fertilizers and soil amendments in accordance with topsoil test recommendations, or to import supplementary topsoil, to the satisfaction of the Director of Leisure Services. 35. The Owner shall agree in the Subdivision Agreement to include with 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 being purchased. Further, the notice shall clearly identify specifications relating to fencing location, colour, materials, height and other design details; and shall 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 shall further agree that the Director of Leisure Services and the Director of Planning shall approve the wording COUNCIL - SEPTEMBER 12, 2006 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. 36. The Owner shall agree in the Subdivision Agreement to provide a one-time financial contribution to the Town for the purpose of supplementing the Town's on -going maintenance expenses associated with landscape works on municipal property and right of ways as required by urban design control or traffic screening and buffering requirements. The amount of the financial contribution shall be based on twenty five percent (25%) of the capital costs of the landscape works, to the satisfaction of the Director of Leisure Services. 37. The Owner shall agree in the Subdivision Agreement to provide landscape securities to the Town of -Aurora, in a form acceptable to the Director of Leisure Services and the Director of Financial Services, in an amount no less than one hundred percent (100%) of the total value of the Landscape Works. Site Servicing Engineering Plans/Construction 38. 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. 39. 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. Further, that such plans shall be designed and scaled as described in the Town of Aurora Design Criteria Manual. In addition, the Owner shall further agree in the Subdivision Agreement to complete the approved said works on a phased basis if required, to the satisfaction of the Director of Public Works. 40. The Owner shall agree in the Subdivision Agreement to prepare engineering design drawings for the layout and construction of an extension to the existing watermain from the intersection of St. John's Sideroad and Bayview Avenue easterly on St. John's Sideroad and to construct said watermain, to adequately service the plan to the satisfaction of the Director of Public Works and the Region of York. 41. The Owner shall agree in the Subdivision Agreement to submit plans acceptable to the Director of Public Works detailing phasing of construction and development, together with the means by which construction access to the site will be gained during construction phasing. The Owner shall further agree in the Subdivision Agreement to comply with the phasing plan and make all builders aware of such a plan. 42, The Owner shall agree in the Subdivision Agreement to include a notice within all Offers of Purchase and Sale Agreements with prospective purchasers of Lots within the plan, advising of the construction access for future phases of the development and as a result they may experience noise, dust and vibration, such wording of the notice shall be to the satisfaction of the Director of Public Works. C_O COUNCIL — SEPTEMBER 12, 2006 General 43. The Owner shall agree in the Subdivision Agreement that no building permits are to be issued until the internal and external watermain networks are complete, and all internal watermains are connected to the external watermain system on St. John's Sideroad, Mavrinac Boulevard, and Hickson Drive. Further, the Owner shall agree in the Subdivision Agreement that no building permit shall be issued for any Lot or Block until paved access is completed to St. John's Sideroad, unless otherwise approved by the Town of Aurora. 44. The Owner shall agree in the Subdivision Agreement to convey such lands and grant such easements for public purposes as may be required by the Town of Aurora at no cost and free of all encumbrances. Topsoil grading 45. 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: Erosion and sediment control prior to and during construction including the extent of grading/filling, the location of spoil pile storage and the location and nature of sediment control works; Progressive stripping and grading to ensure minimum duration of exposed soil areas to the extent practical; 46. The Owner shall agree that, prior to undertaking any removal of topsoil on the site, the Owner shall apply for and receive a Topsoil Removal Permit from the Town of Aurora Public Works Department. Documentation submitted with this application shall include the proposed phasing of grading, the storage of topsoil, the approval from the Director of Leisure Services with respect to tree protection fencing. 47. 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 48, The Owner shall, priortofinal approval, submit Internal and External Traffic Studies for review and approval by the Director of Public Works. 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. 49. 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. -Z COUNCIL — SEPTEMBER 12, 2006 -10- 50. The Owner shall, prior to final approval, demonstrate that Street A shall line up with the extension of Mavrinac Boulevard to the south. Such confirmation shall be provided through the Owner's surveyor, and/or traffic consultant prior to plan registration, to the satisfaction of the Director of Public Works. 51. 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. 52. The Owner shall agree in the Subdivision Agreement that all road allowances and walkways included within this Plan of Subdivision shall be dedicated on the Plan of Subdivision to The Corporation of the Town of Aurora at no cost and free of all encumbrances. 53. 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 Department and the Director of Planning and Development Services in accordance with the Town of Aurora's Street Naming Policy. 54. 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 to prohibit access at certain locations, to the satisfaction of the Director of Public Works. 55. The Owner shall agree in the Subdivision Agreement that any road that is not a through street will be terminated in a temporary or permanent turning circle. Further, the Owner agrees to include a notice in all Offers of Purchase and Sale of those Lots abutting a temporary and/or permanent turning circle, advising them of its proposed use as a temporary turning circle and that the road will be extended. 56. The Owner shall agree in the Subdivision Agreement to enter into a Turning Circle Agreement with the Town for any temporary turning circles that are required to be constructed in this subdivision to the satisfaction of the Director or Public Works. 57. 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, information prepared by the Town in regard to the proper use of roundabouts within the neighbourhood, to the satisfaction of the Director of Public Works. 58. The Owner shall, prior to final approval, 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. COUNCIL — SEPTEMBER 12, 2006 -11- Urban Design 59. The Owner shall agree in the Subdivision Agreement to prepare prior to final approval, Architectural and Urban Design Guidelines. The Owner further agrees to implement the recommendations and measures contained in the Architectural and Urban Design Guidelines. Design and construction of all residential dwelling units, walkways, landscaping and all other areas within each Plan shall be conducted in strict. compliance with the Architectural and Urban Design Guidelines. The Architectural and Urban Design Guidelines shall be prepared by a qualified urban design consultant to the satisfaction of the Director of Planning and Development Services. The Architectural and Urban Design Guidelines shall address the following: i. Ensure that the streetscape character de-emphasizes the predominance of garages on all residential streets; ii. Innovative designs for the housing to be constructed within the neighbourhood; and, iii. Be in accordance with the policies and design principles expressed in OPA 30. Noise Study 60. The Owner shall, prior to final approval, engage a qualified noise consultant to complete a Noise Study to assess projected nuisances caused by noise or vibration within the development, especially for properties abutting, and in proximity to St. John's Sideroad. The Noise Study shall indicate how noise levels on all Lots and/or Blocks may be mitigated to comply with current Provincial standards and Town of Aurora policies, and address the long-term functionality and maintenance of any recommended mitigation measures deemed appropriate and acceptable to the Town. The Owner shall further agree in the Subdivision Agreement to implement the recommendations and such measures of the approved Noise Study. The recommendations of the aforementioned Noise Study shall address the 55 DBA limit on all Lots and/or Blocks as may be appropriate in the Noise Study to the satisfaction of the Town. All attenuation measures and mitigating measures proposed for acoustical purposes shall be reviewed by Enbridge Gas Distribution Inc. and approved by the Director of Public Works, the Director of Leisure Services, and the Director of Building Administration, 61. 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, and to separately register such clause on title to the residential lots and blocks within the plan: "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. There is also a natural gas pressure reduction station in the vicinity that emits increased high sound frequency levels during the colder months of the year." 62. That prior to final approval Enbridge Gas Distribution Inc.shall advise the Town that it has made satisfactory arrangements with the Owner to address the mitigation of sound level impacts emanating from the Enbridge Natural Gas Pressure Reduction Station located directly west of the plan. For purposes of description only such these COUNCIL — SEPTEMBER 12, 2006 -12- arrangements will include the Owner's covenant and agreement to pay for all noise mitigation measures related to the Station, including, but not limited to, the design and construction of any enclosures or other features that may be required and as approved by Enbridge to satisfy minimum noise levels as specified by the Noise Report requirements referenced in Condition 60 and an indemnity in favour of Enbridge with respect to any actions, causes of action, claims or proceedings arising directly or indirectly from any noise mitigation measures installed, constructed, paid for or otherwise provided by the Owner. Miscellaneous 63. 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 enter into a Sales Trailer Agreement with the Town of Aurora in accordance with the Town of Aurora "Policy for Temporary Sales Office or Trailer" and the Subdivision Agreement to the satisfaction of the Director of Building Administration, The Owner shall submit and obtain the written approval from the Director of Planning and Evelopment Services with respect to the location of sales trailers and with respect to the display plans to be used for sales and/or marketing purposes. Such plans shall include the location of: i) The latest version of the approved draft plan or registered plan; ii) The proposed location of any and all sidewalks, street furniture, community mail boxes, parks (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, accurate representations of existing and proposed surrounding land uses within 150 metres of the boundaries of the draft plan, and any proposed warning clauses, or restrictive covenants to be registered on title; and, iii) 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. 64. 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 any lands to the Town, to the satisfaction of the Director of Planning and Development Services. 65. The Owner shall, prior to final approval and prior to commencement of any grading activities, complete a Stage II archaeological assessment of the subject property and mitigate through preservation or resource removal and documentation, adverse impacts —91— COUNCIL - SEPTEMBER 12, 2006 -13- to any significant archaeological resources found. No grading or other soil disturbances shall take place on the subject property prior to the Town of Aurora and Ministry of Tourism, Culture and Recreation confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 66. i) The Owner shall agree, prior to the final approval, to submit a geotechnical report for review and approval by the Town of Aurora, which will deal 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. ii) The Owner shall agree in the Subdivision Agreement to provide certification that any fill material imported onto the Lands meets the requirements of Table 2 (Full Depth Generic Site Condition Standards in a Potable Groundwater Condition) of the Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act, dated March 9, 2004, or latest amendment thereof. 67. 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 and/or permanent turning circles), other than those Lots designated for residential purposes: Regional Municipality of York 68. The road allowances included within the draft plan of subdivsion shall be named to the satisfaction of the Town and the Regional Planning and Development Services Department. 69. Prior to final approval, 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. Registration of the plan of subdivision shall occur in phases based on the availability of water supply and sewage servicing allocation. 70. Prior to the final approval of any residential lands beyond Phase 1, the following shall occur: • York Region has advised 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 19'h Avenue Interceptor Trunk Sewer, the Lower Leslie Street Trunk Sewer, the Aurora/Newmarket Feedermain, the Newmarket EQ Tank, and the Aurora EQ Tank; or, • the Town of Aurora approves a transfer of servicing allocation to this development that is not dependent upon the completion of infrastructure; or, • the Regional Commissioner of Transportation and Works confirms servicing allocation for this development by a suitable alternative method. -92- COUNCIL — SEPTEMBER 12, 2006 SEE 71. With respect to any lands beyond Phase 1, the owner shall agree in the subdivision agreement to save harmless the area municipality and York Region from any claim or action as a result of water or sanitary sewer service not being available when anticipated. 72. With respect to lands beyond Phase 1, the Holding (h) provisions of Section 36 of the Ontario Planning Act shall be used in conjunction with all residential zone categories in order to ensure that development of these lands does not occur until such time as the Holding (h) symbol is removed in accordance with the provisions of the Ontario Planning Act. The Zoning By-law shall specify the terms under which Council may consider the removal of the Holding (h) symbol. Said terms shall include a minimum of the following: The (h) symbol shall not be lifted until such time as: York Region advises in writing that it is no earlier than six (6) months prior to the expected completion of the 16'h Avenue Phase 2 Trunk Sewer, the 19'h Avenue Interceptor Trunk Sewer, the Lower Leslie Street Trunk Sewer, the Aurora/Newmarket Feedermain, the Newmarket EQ Tank, and the Aurora EQ Tank; or, the Town of Aurora approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure; or, the Regional Commissioner of Transportation and Works confirms servicing allocation for this development by a suitable alternative method. 73. 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. 74. 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 York Region Transportation and Works Department. 75. Due to inadequate sight distance at the proposed intersection of St. John's Sideroad and Street A, the Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, to incorporate the following intersection requirements, individually or in combination, to the satisfaction of the York Region Transportation and Works Department: a) Vertical profile adjustments at the intersection of St. John's Sideroad and Street A shall be incorporated into the intersection design to achieve the minimum decision sight distance for the current posted speed of 60 km/h (Corresponding Design Speed 70 km/h) or for any subsequent reduction in the posted and corresponding design speeds, at the cost of the Owner; b) The intersection of St. John's Sideroad and Street A shall be signalized once warrants for signalization have been met. The timing of signalization shall be —93— COUNCIL — SEPTEMBER 12, 2006 -15- approved by the York Region Transportation and Works Department. If the Owner wishes to pursue signalization as a method of mitigating the sight distance problems, prior to the warrantsbeing met, the Owner shall be responsible for the full cost of design and construction of the signals. In addition, the Owner shall be responsible for the cost of operating the signalized intersection until such time as signals would normally have been installed. The Owner acknowledges that the installation of the signals alone may not resolve the sight distance problem at the proposed intersection with the Regional road. Profile adjustments may still be required. 76. The Owner shall submit detailed engineering drawings, to the York Region Transportation and Works Department for review and approval, that incorporate the recommendations of the functional transportation report/plan as approved by the York Region Transportation and Works Department. 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. 77. Prior to Final Approval, the Owner shall provide a set of engineering drawings, approved by the area municipality, which indicates the storm drainage system, the overall grading plans and all proposed accesses onto York Region roads, for all lands within this plan of subdivision, to the York Region Transportation and Works Department for verification that all York Region's issues have been satisfied. 78. Prior to Final Approval and concurrent with the submission of the subdivision servicing application (MOE) to the area municipality, the Owner shall provide a set of engineering drawings, for any works to be constructed on or adjacent to the Regional road, to the Roads Branch, Attention: Manager, Development Approvals, that includes the following drawings: a) Plan and Profile for the Regional road and intersections; b) Grading and Servicing; c) Intersection/Road Improvements, including the recommendations of the Traffic Report; d) Construction Access Design; e) Utility and underground services Location Plans; f) Signalization and Illumination Designs; g) Line Painting; h) Traffic Control/Management Plans; —94— COUNCIL - SEPTEMBER 12, 2006 EGZ Erosion and Siltation Control Plans; and, j) Landscaping Plans, including tree preservation, relocation and removals. 79. The Owner shall provide drawings for the proposed servicing of the site to be reviewed by the Engineering Department of the area municipality. 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. 80.. 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. 81. Any existing driveway(s) along the York Region road frontage of this subdivision must be removed as part of the subdivision work, at no cost to York Region. 82. Elevations along the streetline shall be 0.3 metres above the centreline elevations of the Regional roadway. 83. The Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, to provide for the installation of visual screening between Street 'C' and St. John's Side Road, consisting of either a screening fence or a combination of a berm and planting, to a maximum of 1.8 metres in height, to be located within the right-of-way of Street 'C'. The Owner shall submit to the York Region Transportation and Works Department for review and approval, landscape plans showing the proposed planting for headlight screening purposes. 84. Prior to final approval the Owner shall provide a copy of the subdivision agreement to the York Region Transportation and Works Department, outlining all requirements of the York Region Transportation and Works Department. 85. The Owner shall submit drawings depicting the following to the satisfaction of the York Region Transportation and Works Department: 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 right's 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, —95— COUNCIL — SEPTEMBER 12, 2006 -17- 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: 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. 86. The Owner shall engage the services of a consultant to prepare and submit for review and approval, a noise study to the satisfaction of the 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 the York Region Transportation and Works Department. 87, 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. 88. 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". 89. Where noise attenuation features will abut a Regional right-of-way, the Owner shall agree in the subdivision agreement, in wording satisfactory to the Regional Municipality of York's Transportation and Works Department, as follows: • that no part of any noise attenuation feature shall be constructed on or within the Regional right-of-way; • that noise fences adjacent to The Regional Municipality of York 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; • that maintenance of the noise barriers and fences bordering on The Regional Municipality of York right-of-ways shall not be the responsibility of The Regional Municipality of York; and, COUNCIL — SEPTEMBER 12, 2006 -18- that any landscaping provided on The Regional Municipality of York right-of- way by the Owner or the area municipality for aesthetic purposes must be approved by the Regional Municipality of York Transportation and Works Department and shall be maintained by the area municipality with the exception of the usual grass maintenance. 90. The following lands, as owned by Mattamy (Aurora) Limited, shall be conveyed to York Region for public highway purposes, free of all costs and encumbrances: a widening across the full frontage of the site where it abuts St. John's Sideroad of sufficient width to provide a minimum of 18 metres from the centreline of construction of St. John's Sideroad; a 15.0 metre by 15.Om metre daylight trapazoid at the southwest and southeast corners of the St. John's Sideroad and Street'A'intersection; iii. an additional 2.0m metre widening, 60 metres in length, together with a 40 metre taper for the purpose of an eastbound right turn lane at the intersection of St. John's Sideroad and Street'A'; and, iv. a 0.3 metre reserve across the full frontage of the site where it abuts St. John's Sideroad and adjacent to the above noted widenings. 91. 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 all required lands to York Region. 92. Prior to final approval, York Region requires the Owner to submit to it, in accordance with the requirements of the Environmental Protection Act and 0. Reg. 153/04 Records of Site Condition Part XV.1 of the Act (as amended), a Phase I environmental site assessment prepared and signed by a qualified professional, of the Owner's lands and more specifically of the lands to be conveyed to York Region (the "Assessment"). Based on the findings and results of the Assessment, York Region may require further study, investigation, assessment and delineation to determine whether any remedial or other action is required. The Assessment and any subsequent environmental reports or other documentation prepared in respect of the environmental condition of the lands to be conveyed must be addressed to York Region, contain wording to the effect that York Region shall be entitled to rely on such reports or documentation in their entirety, and such reports or documentation shall be satisfactory to York Region. Prior to Final Approval, the Owner shall certify, in wording satisfactory to the York Region Transportation and Works Department, that no contaminant, pollutant, waste of any nature, hazardous substance, toxic substance, dangerous good, or other substance or material defined or regulated under applicable environmental laws is present at, on, in or under all lands to be conveyed to York Region (including soils, substrata, surface water and groundwater, as applicable): (i) at a level or concentration that exceeds the Environmental Protection Act O. Reg. 153/04 full depth generic site condition standards applicable to the intended use that such lands will be put by York Region at the time of conveyance or any other remediation standards published or administered by —97— COUNCIL — SEPTEMBER 12, 2006 -19- governmental authorities applicable to the intended land use; and (ii) in such a manner, condition or emanating from such lands in such a way, that would result in liability under applicable environmental laws. The Assessment, any subsequent environmental reports or other documentation and the Owner's certification shall be done at no cost to York Region. 93. Street'A' shall be designed to intersect St. John's Sideroad at a right angle. 94, The throat width of Street 'A' shall be designed to accommodate one 5.0 metre inbound lane and two 3.5 metre outbound lanes for a distance of 60.0 metres from the widened limit of St. John's Sideroad; no intersection or non-residential access shall be permitted on Street'A' within 60.0 metres of the widened limit of St. John's Sideroad. 95, The right-of-way width of Street 'A' shall be a minimum of 23.0 metres to accommodate the requirements within the above noted condition. 96. The intersection of St. John's Sideroad and Street 'A' shall be designed to the satisfaction of the York Region Transportation and Works Department with any interim or permanent intersection works including turning lanes, profile adjustments, illumination and/or signalization as deemed necessary by the York Region Transportation and Works Department. 97. As future York Region Transit (YRT) service is planned for St. John's Sideroad, the owner shall agree in the subdivision agreement to construct a sidewalk along the full frontage of the subject lands where they abut St. John's Sideroad. Concrete pedestrian access shall be provided from the internal roadways to the Regional roadway as follows: a. From Street A to St John's Sideroad b. From Street C to St John's Sideroad The concrete pedestrian accesses shall be provided at no cost to York Region and concurrent with construction of necessary sidewalks. Sidewalks and concrete pedestrian accesses shall be provided in accordance with OPSD 310.010, 310.020, 310.030 and should be provided "at grade" (i.e. without stairs, inclines, etc.). Subject to approval by YRT, a passenger standing area and shelter pad shall be provided at the following location: ON Street AT Street Location Standard sm COUNCIL - SEPTEMBER 12, 2006 -20- St John's Sideroad Street A SW SS-1.02 or SS-1.03 The passenger standing area/shelter pad shall be provided at no cost to York Region and concurrent with construction of necessary sidewalks. 100, The owner shall agree in the subdivision agreement that the required passenger standing area/ shelter pad shall be installed to the satisfaction of the area municipality and York Region Transit. Landscaping should not interfere with the bus stop, passenger standing area, shelter and corner sightlines. The bus stop location determined during the design phase is subject to change. Prior to construction of the passenger standing area/shelter pad, the consultant shall confirm with YRT the final bus stop locations/requirements. The consultant is to contact the facilities supervisor - Ann Marie Carroll at (905)762-1282 ext. 5677 to confirm final details. 101. The owner shall submit drawings to the York Region Transportation and Works Department for review and comment which, show the location of the following: sidewalks, concrete pedestrian access, passenger standing area and shelter pad. 102. The owner shall agree in the subdivision agreement to advise all potential purchasers of the future introduction of transit services along St. John's Sideroad. This includes current/potential transit routes, bus -stops and shelter locations. This can be achieved through distribution of 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. 103. The owner shall agree in the subdivision agreement to install illumination, in accordance with York Region and Municipal design standards, along all streets which will have transit services, sidewalks, pedestrian access and bus stop locations. 104. The owner shall enter into an agreement with the Regional Municipality of York, 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. Clearance 105. Final approval for registration may be issued in phases provided that: i. Phasing is proposed in an orderly progression; and All agencies agree to registration by phases and provide clearances as required in Conditions 1 through 3 inclusive, 6 & 7 for each phase COUNCIL — SEPTEMBER 12, 2006 -21- proposed for registration by the Owner. The required clearances may relate to lands not located within the phase sought to be registered. 106. The Town of Aurora Planning and Development Services Department shall advise that Conditions 3, 5, 7, 21, 22, 32, 35, 53, 59, 61, 63 & 64 have been satisfied, stating briefly how each condition has been met. 107. The Town of Aurora Treasury Department shall advise that Condition 37 has been satisfied, stating briefly how each condition has been met. 108. The Town of Aurora Public Works Department shall advise that Conditions 6, 8 through 12 inclusive, 23, 24, 26, 27, 31, 33, 38 through 50 inclusive, 52, 54 through 58 inclusive, 60, 66 and 67 have been satisfied, stating briefly how each condition has been met. 109. The Town of Aurora Leisure Services Department shall advise that Conditions 18 through 20 inclusive, 25, 29 through 37 inclusive 46 and 60 have been satisfied, stating briefly how each condition has been met. 110. The Town of Aurora Director of Fire and Emergency Services Department shall advise that Condition 51 has been satisfied, stating briefly how the condition has been met. 111. The Town of Aurora Building Administration Department shall advise that Conditions 4, 60, 63 & 66 have been satisfied, stating briefly how each condition has been met. 112. The Town of Aurora Legal Services Department shall advise that Condition 17 has been satisfied, stating briefly how the condition has been met. 113. The York Region District School Board shall advise that Condition 16 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 114. The Ministry of Tourism, Culture and Recreation shall advise that Condition 65 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 115. Powerstream shall advise that Condition 15 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 116. Enbridge Gas Distribution Inc, shall advise that Condition 62 has been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 117, Canada Post shall advise that Conditions 13 & 14 have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 118. The Regional Municipality of York shall advise that Conditions 68 thorugh 104 inclusive have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 119. The Lake Simcoe Region Conservation Authority shall advise that Conditions 20, 23 through 28 inclusive and 45 have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. —100— COUNCIL - SEPTEMBER 12, 2006 _22_ ISSUED at Aurora this _ day of _, 2006 S. Seibert 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 WITHDRAWN, BUT THE TOWN OF AURORA MAY FROM TIME TO TIME EXTEND THE DURATION OF THE APPROVAL. TA000 Holding FolderlPLANNING DEPT, DRAFT PLAN CONDITIONSWattamy (Aurora) Limited, D12-00-6A Conditions of draft plan approval, Sept 12. 06-gl.DOC -101- COUNCIL — SEPTEMBER 12, 2006 NIA ITEM EXTRACT FROM GENERAL COMMITTEE MEETING NO. 06-14 HELD ON TUESDAY, SEPTEMBER 5, 2006 r, VI NEW BUSINESS/GENERAL INFORMATION - COUNCILLORS Councillor Morris gave Notice of Motion regarding citizen initiative to conserve energy and control escalating energy costs. —102— Citizen Initiative To Conserve Energy And Control Escalating Energy Costs. (Notice provided at the September 5, 2006 General Committee Meeting) WHEREAS in a democracy people must be permitted to make free economic choices to manage their energy costs and take such reasonable steps as consumers as they believe will protect their quality of life through conservation and protection of the environment; and WHEREAS natural gas and electricity prices are soaring and creating economic hardship for some Aurora citizens and a growing number of Canadians; and WHEREAS many experts and individuals believe that unnecessary energy use is a factor in the deterioration of the quality of Earth's environment with a consequent threat to our quality of life; and WHEREAS our local electrical utility, POWERSTREAM, and HYDRO ONE have repeatedly stated the pressing need for electricity supply and conservation in order to address the rising demand for energy created by the growth of our community; and WHEREAS Mr. Peter Love - Ontario's Chief Energy Conservation Officer is warning that in Ontario we can no longer take our energy supply for granted and further is also urging all Ontarians to save energy, and to that end, has issued a personal and friendly challenge to all Ontarians to reduce their electricity use by 10% by the year 2007 and is asking all Ontarians to think about how they use energy everyday, and find new ways to conserve it; and WHEREAS the Town of Aurora's Strategic Plan (Goal B) promoting a sustainable community lists as an objective in B1, "Plan for the future to continue controlled and well -planned growth by continuing to ensure that policies and by-laws for developments are sensitive to the environment'; and WHEREAS Goal C of the Town of Aurora's Strategic Plan, also promotes a healthy environment that fosters social and physical well-being by developing strategies to encourage stewardship of Aurora's air, water, and physical well- being by expanding education and awareness programs relating to energy conservation practices on public and private properties, and continuing to research, develop and promote electricity innovation measures; and WHEREAS , during an EAC meeting devoted to identifying things citizens could do to protect the environment in a sustainable way, a local citizen, Mr. Robert Cooke, who is a member of Aurora's EAC, Environmental Advisory Committee, initiated the idea of outdoor laundry drying being allowed, as an appropriate conservation and energy cost saving measure; and - �03- COUNCIL — SEPTEMBER 12, 2006 WHEREAS the Town of Aurora also finds that it is deemed economically and environmentally prudent to find ways to reduce energy consumption not only in Aurora but across the Province; and WHEREAS there are numerous restrictive land use covenants being entered into between developers and home purchasers that may counter the Town's and the Province's energy efficiency and cost savings initiatives for individual homeowners; and WHEREAS the Ontario Energy Board's website advises consumers how to cut their energy cost including a tip that they, "Consider using a clothesline to dry laundry"; and WHEREAS the Conservation Council of Ontario is actively promoting the use of clotheslines via their "Lighten Up" Campaign and advising that air drying laundry, even a couple of loads a week, can save up to 50 kwh a month; and WHEREAS the Ministry of Energy's website recommends consumers to "Get some fresh air! Consider using a clothesline to dry your laundry"; and WHEREAS according to the Ontario Energy Board, the use of tumble dryers account for approximately 6% of hydro usage; and WHEREAS the Ontario Ministry of the Environment (MOE) website states that "The Ministry has been protecting Ontario's environment for over 30 years through the use of stringent regulations, targeted enforcement and a variety of innovative programs and initiatives"; and WHEREAS the MOE website also states that "the Ministry has shown that they are taking steps to address environmental issues that have local, regional and/or global effects"; and WHEREAS changes in public appreciation of the aesthetic, economic and environmental advantages of drying laundry outdoors, creates a risk, that could lead to potentially thousands of civil actions being brought, in the legal system by home owners seeking to clear restrictive covenants from titles involving existing and defunct builders and land development companies, at considerable expense to all involved, including taxpayers; and WHEREAS, to address today's economic and energy challenges, the Province of Ontario has already introduced Legislation entitled "The Energy Conservation Leadership Act, 2006" ; and WHEREAS The Energy Conservation Leadership Act, 2006 received Royal Assent on March 28, 2006; and —104— COUNCIL — SEPTEMBER 12, 2006 WHEREAS The Energy Conservation Leadership Act, 2006 (the Act) empowers the Province to remove barriers to conservation, or to promote opportunities for conservation, by enabling or mandating specific conservation technologies; and WHEREAS it is recognized that the Act, 2006 has not at this time, come into full force and effect as it still requires Proclamation by the Lieutenant Governor; and WHEREAS the Province states in the Act that "In order to assist in the removal of barriers and to promote opportunities for energy conservation, the Lieutenant Governor in Council may, by regulation, designate goods, services and technologies. 2006, c. 3, Schedule A, s. 3 (1)°; and WHEREAS in order to assist and expedite the removal of barriers and to promote opportunities for energy conservation, for the citizens of Aurora and Ontario: NOW THEREFORE BE IT RESOLVED THAT: The Town of Aurora petition and urge, The Premier of Ontario, The Honourable Dalton McGuinty and the Province of Ontario to take the necessary steps to expeditiously proclaim the Energy Conservation Leadership Act, 2006; AND FURTHER THAT The Province of Ontario be petitioned and urged to expeditiously designate clotheslines, by Regulation, as a goods, service and / or technology, under section 3.1 of the said Act, in order to permit the use of clotheslines in such circumstances as may be prescribed, despite any restriction imposed at law that would otherwise prevent or restrict their use; AND FURTHER THAT the Town of Aurora petition the government of Ontario to begin the process to review restrictive land -use covenants for the purposes of identifying and making null those that are unreasonably contrary to its energy saving objectives and specifically contrary to the intent of the Energy Conservation Leadership ACT, 2006; AND FURTHER THAT this resolution be circulated, with a request for comment and endorsement, to: The Premier of Ontario, The Honourable Dalton McGuinty The Minister of Energy The Minister of Environment The Minister of Municipal Affairs and Community Housing AMO FCM Region of York area Municipalities POW ERSTREAM Greater Toronto Homebuilders Association —105— COUNCIL — SEPTEMBER 12, 2006 Hydro One Networks York Region Environmental Alliance Mr. Robert Cooke, Citizen Member of Town of Aurora, EAC Conservation Council of Ontario Chief Energy Conservation Officer, Province of Ontario, Manager Climate Change Campaign Program - WWF of Canada Commissioner of the Environment and Sustainable Development Executive Director, Project Laundry List AND FURTHER THAT the Town Clerk/Director of Administration, be directed to monitor and circulate the replies to Council Members and report back as they occur, at least up to and including the meeting of Council scheduled, for Oct 17th 2006. —106— COUNCIL - SEPTEMBER 12, 2006 EXTRACT FROM GENERAL COMMITTEE MEETING NO. 06-14 HELD ON TUESDAY, SEPTEMBER 5, 2006 7. Motion from Councillor Buck and Councillor Wallace Re: The Heritage Centre (Notices of Motion were given at August 22, 2006 Council Meeting General Committee recommends: THAT the motion be referred to the CAO to meet with the Aurora Heritage Society and bring back a revised motion to Council for consideration. CARRIED -107- COUNCIL — SEPTEMBER 12, 2006 WHEREAS the Town of Aurora is currently without a museum facility; and WHEREAS the Aurora Historical Society has been working on an aggressive plan to renovate the existing Church Street School into the Aurora Heritage Centre which would include a museum; and WHEREAS substantial money has been invested in Church Street School to bring it to its current state of renewal; and WHEREAS the building is without doubt the town's most significant heritage asset and is within public ownership; and WHEREAS completion of the restoration is dependent upon the success of the Aurora Historical Society's fund-raising efforts; and WHEREAS it is in the entire community's interest to have this resource available within the foreseeable future; and WHEREAS Goal B of the Town of Aurora Strategic Plan states in part "Promote a sustainable community that respects its historic culture and character .... and embraces ... renewal ..."; and WHEREAS Objective 2B of the Town of Aurora Strategic Plan states "Promote and market the beauty and uniqueness of the historic and natural areas throughout Aurora" NOW THEREFORE BE IT RESOLVED that the Town provide additional resources to complete the renewal within three years; and FURTHER that the Town designate Church Street School as the Aurora Heritage Centre by by-law; and FURTHER that the current lease with the Historical Society be reviewed and possibly amended to achieve the goal of completing the project within the 3 year time frames; and FURTHER that staff assist the Historical Society to complete the project; and FURTHER that regular progress reports be provided for Council's information and that Council establish an appropriate budget that would eventually be funded from the sale of surplus Town lands; and FURTHER that this matter be given priority by staff so there is no misunderstanding about the resolution of Council to deal with it within the current term. ■m COUNCIL - SEPTEMBER 12, 2006 [AGENDA ITEM TOWN OF AURORA COUNCIL REPORT No. EDAC06-07 SUBJECT: July 19, 2006, Economic Development Advisory Committee Meeting FROM: Acting Chair - Councillor Vrancic Council Members - Mayor Jones ex-officio member and Councillor Kean Committee Members - David Amborksi, Jim Beechey, Gabriela Dragomir and Richard Wizemann DATE: September 12, 2006 RECOMMENDATIONS 1. THAT the Committee Record of the Economic Development Advisory Committee Meeting 06-07 held on July 19, 2006 be received as information and the following recommendations of the Economic Development Advisory Committee be endorsed: 2. Previous Minutes THAT the Minutes of Meeting Number 06-06 held on Wednesday, June 21, 2006 be adopted. 3. Memorandum from the Economic Development Officer Follow-up Report to the Breakfast Meeting held on June 14, 2006 with the Downtown Merchants THAT the memorandum from the Economic Development Officer regarding a follow-up report to the breakfast meeting held on June 14, 2006 with the downtown merchants be received for information. 4. FS06-024 - Whitwell Donation THAT consideration be given to using the Whitwell Development donation to establish a Reserve Fund to be used as a Seed Fund for matching grants for businesses in the downtown Business Improvement Area. 5. Memorandum from the By-law Services Co-ordinator Vacant Properties on Yonge Street THAT the verbal report and memorandum from the By-law Services Co- ordinator regarding vacant properties on Yonge Street be received for information. -109- COUNCIL - SEPTEMBER 12, 2006 September 12, 2006 .2- Report No. EDAC06-07 6. Yonge Street Commercial Area Sub -Committee THAT the By-law Services Co -coordinator be invited to attend the Sub -committee's August meeting to address concerns of the committee with regard to vacant Yonge Street properties; and 2. THAT the Aurora Horticultural Society be permitted to install signage at all locations where they have installed plantings and where they maintain planters/baskets; and 3. THAT the Sub -committee follow-up on a possible wall mural for the east wall of the Bacon Basketware building; and 4. THAT the Town install signage on Yonge Street at the northern boundary indicating the Industrial Parkway bypass, similar to the signage at the southern boundary, and 5. THAT Council immediately acknowledge the donation of 2 units of 3 - Stream waste receptacles to the Town, made by Midpoint international (Feb. 06). 6. THAT staff approach the owner of the old community center property on Yonge Street to investigate options for an urban park with capability of overflow parking for the library. Memorandum from the Director of Financial Services Budget Report to June 30, 2006 THAT the memorandum from the Director of Financial Services regarding the Budget Report to June 30, 2006 be received for information; and THAT the Economic Development Officer follow up with Financial Services regarding the reduction of the Economic Development Advisory Committee budget. 8. EDACO6-006 - Community Entry Si_gnape Strategy THAT the Economic Development Advisory Committee endorse the strategy outlined in Report EDACO6-006, dated July 19, 2006, regarding Community Entry Signage, as proposed by the Economic Development Division. -110- COUNCIL - SEPTEMBER 12, 2006 September 12, 2006 - 3 - Report No. EDAC06-07 9. Memorandum from the Economic Development Officer Offer to Sell Town of Aurora Lands to York Region for a York Regional Police Facility, Part Lot 19, Concession 3, Town of Aurora (15059 Leslie Street) THAT the memorandum from the Economic Development Officer regarding the offer to sell Town of Aurora lands to York Region for a York Regional Police Facility, be received for information. 10. Memorandum from the Economic Development Officer The Town of Aurora's Sponsorship of the Aurora Chamber of Commerce Business Achievement Awards Event THAT the Town of Aurora purchase the Gold Level sponsorship for the Aurora Chamber of Commerce Business Achievement Awards event. 11. Memorandum from the Economic Development Officer Business Wisdom Exchange Program THAT the memorandum from the Economic Development Officer regarding the Business Wisdom Exchange Program be received for information. 12. York Region's Economic & Development Review 2005 Report THAT York Region's Economic & Development Review 2005 Report be received for information. 13. Copy of Correspondence to the Ontario Municipal Board THAT the correspondence to the Ontario Municipal Board be received for information. 14. PW06-034 - Northern 6 Municipalities Joint Waste Collection Contract Referred for information from July 10, 2006 Council Meeting THAT the Director of Public Works be requested 20, 2006 meeting of the Economic Development present an overview of Report PW06-034. to attend the September Advisory Committee to -111- COUNCIL - SEPTEMBER 12, 2006 September 12, 2006 - 4 - Report No. EDAC06-07 BACKGROUND Attached for the information of Council are the Minutes of the Economic Development Advisory Committee Meeting 06-07, held on July 19, 2006. ATTACHMENTS 1. Copy of Committee Record No. 06-07 Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk, ext. #4222 Councillor Vrancic, Acting Chair Economic Development Advisory Committee -112- COUNCIL — SEPTEMBER 12, 2006 ta ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RECORD MEETING NO. 06-07 Committee: Economic Development Advisory Committee Date: Wednesday, July 19, 2006 Time and Location: 7:30 a.m., Leksand Room - Aurora Town Hall Committee Members: Councillor Vrancic, Acting Chair; Mayor Jones ex-officio member, Councillor Kean, David Amborksi, Jim Beechey, Gabriela Dragomir and Richard Wizemann Absent: Councillor Morris, Lisa Cruickshank, Kathy van Nostrand Other Attendees: Dino Lombardi, Economic Development Officer; Carol Clark, Council/Committee Secretary; Chris Alexander, By-law Services Co-ordinator Councillor Vrancic, Acting Chair, called the meeting to order at 7:40 a.m. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA Moved by Jim Beechey Seconded by Councillor Kean THAT the content of the agenda, with the following addition, as circulated by the Corporate Services Department be approved: ➢ Yonge Street Commercial Area Sub -Committee Minutes of July 6, 2006 Meeting —113— COUNCIL — SEPTEMBER 12, 2006 Economic Development Advisory Committee Minutes No. 06-07 Wednesday, July 19, 2006 Page 2 of 6 REVIEW OF PREVIOUS MEETING REPORT Moved by Councillor Kean Seconded by Jim Beechey THAT the Minutes of Meeting Number 06-06 held on Wednesday, June 21, 2006 be adopted. CARRIED MATTERS ARISING FROM PREVIOUS MEETING 1. Memorandum from the Economic Development Officer Follow-up Report to the Breakfast Meeting held on June 14, 2006 with the Downtown Merchants 2. 3. Moved by Councillor Kean Seconded by Richard Wizemann THAT the memorandum from the Economic Development Officer regarding a follow-up report to the breakfast meeting held on June 14, 2006 with the downtown merchants be received for information. CARRIED FS06-024 — Whitwell Donation Moved by David Amborski Seconded by Councillor Kean THAT consideration be given to using the Whitwell Development donation to establish a Reserve Fund to be used as a Seed Fund for matching grants for businesses in the downtown Business Improvement Area. CARRIED Memorandum from the By-law Services Co-ordinator Vacant Properties on Yonge Street Moved by Councillor Kean Seconded by Gabriela Dragomir THAT the verbal report and memorandum from the By-law Services Co- ordinator regarding vacant properties on Yonge Street be received for information. CARRIED —114— COUNCIL — SEPTEMBER 12, 2006 Economic Development Advisory Committee Minutes No. 06-07 Page 3 of 6 Wednesday, July 19, 2006 SUB-COMMITTEE/UPDATES Yonge Street Commercial Area Sub -Committee Moved by Councillor Kean Seconded by Gabriela Dragomir 1. THAT the By-law Services Co -coordinator be invited to attend the Sub- committee's August meeting to address concerns of the committee with regard to vacant Yonge Street properties; and 2. THAT the Aurora Horticultural Society be permitted to install signage at all locations where they have installed plantings and where they maintain planters/baskets; and 3. THAT the Sub -committee follow-up on a possible wall mural for the east wall of the Bacon Basketware building; and 4. THAT the Town install signage on Yonge Street at the northern boundary indicating the Industrial Parkway bypass, similar to the signage at the southern boundary; and 5. THAT Council immediately acknowledge the donation of 2 units of 3 - Stream waste receptacles to the Town, made by Midpoint International (Feb. 06). CARRIED Moved by Councillor Kean Seconded by David Amborski THAT staff approach the owner of the old community center property on Yonge Street to investigate options for an urban park with capability of overflow parking for the library. CARRIED NEW BUSINESS 4. Memorandum from the Director of Financial Services Budget Report to June 30, 2006 Moved by Councillor Kean Seconded by David Amborski THAT the memorandum from the Director of Financial Services regarding the Budget Report to June 30, 2006 be received for information; and —115— COUNCIL - SEPTEMBER 12, 2006 Economic Development Advisory Committee Minutes No. 06-07 Wednesday, July 19, 2006 Page 4 of 6 THAT the Economic Development Officer follow up with Financial Services regarding the reduction of the Economic Development Advisory Committee budget. CARRIED 5. EDAC06-006 - Community Entry Signage Strategy Moved by Gabriela Dragomir Seconded by David Amborski THAT the Economic Development Advisory Committee endorse the strategy outlined in Report EDAC06-006, dated July 19, 2006, regarding Community Entry Signage, as proposed by the Economic Development Division. CA13:71,:T1 Memorandum from the Economic Development Officer Offer to Sell Town of Aurora Lands to York Region for a York Regional Police Facility, Part Lot 19, Concession 3, Town of Aurora (15059 Leslie Street) Moved by Councillor Kean Seconded by Richard Wizemann THAT the memorandum from the Economic Development Officer regarding the offer to sell Town of Aurora lands to York Region for a York Regional Police Facility, be received for information. CARRIED 7. Memorandum from the Economic Development Officer The Town of Aurora's Sponsorship of the Aurora Chamber of Commerce Business Achievement Awards Event Moved by Councillor Kean Seconded by Mayor Jones THAT the Town of Aurora purchase the Gold Level sponsorship for the Aurora Chamber of Commerce Business Achievement Awards event. CARRIED -116- COUNCIL - SEPTEMBER 12, 2006 Economic Development Advisory Committee Minutes No. 06-07 Page 5 of 6 Wednesday, July 19, 2006 8. Memorandum from the Economic Development Officer Business Wisdom Exchange Program Moved by Councillor Kean Seconded by Mayor Jones THAT the memorandum from the Economic Development Officer regarding the Business Wisdom Exchange Program be received for information. CARRIED 9. York Region's Economic & Development Review 2005 Report 10 11 Moved by Mayor Jones Seconded by Councillor Kean THAT York Region's Economic & Development Review 2005 Report be received for information. CARRIED Copy of Correspondence to the Ontario Municipal Board Moved by Richard Wizemann Seconded by Jim Beechey THAT the correspondence to the Ontario Municipal Board be received for information. CARRIED PW06-034 - Northern 6 Municipalities Joint Waste Collection Contract Referred for information from July 10, 2006 Council Meeting Moved by Councillor Kean Seconded by Gabriela Dragomir THAT the Director of Public Works be requested to attend the September 20, 2006 meeting of the Economic Development Advisory Committee to present an overview of Report PW06-034. a:: -117- COUNCIL — SEPTEMBER 12, 2006 Economic Development Advisory Committee Minutes No. 06-07 Page 6 of 6 Wednesday, July 19, 2006 QUESTIONS BY MEMBERS Jim Beechey enquired why he no longer receives notification and information regarding agenda items for the Public Planning meetings. Councillor Vrancic advised that this information is posted on the Town's website. ADJOURNMENT Moved by Councillor Kean The meeting adjourned at 8:35 a.m. Cff-IRI I=I0 —118— COUNCIL - SEPTEMBER 12, 2006 .kG'M.DA ITEM Panizza, Bob From: nigelkean@aol.com Sent: Friday, September 08, 2006 6:37 AM To: Panizza, Bob Subject: Library Square -Add on Bob, I would like this letter to the editor from former councillor Evelina McEachren added to the library square item on Tuesday night's council. Thanks, Nigel Check out AOL.com today. Breaking news, video search, pictures, email and IM. All on demand. Always Free. 9/8/2006 —1 19— COUNCIL - SEPTEMBER 12, 2006 Library Square is back on the chop block making for a busy time for Mayor Jones and Councillor West. The past 5 years this Tag Team has been busy planning for the demolition of the Old Library & Old Seniors Centre hoping to make way for a 5 story residential building. Once Again, the Tag Team has managed to guide the future of Library Square back to Never -Never -Land. Their hesitation to share in their vision for the area indicates their concern the community may not share their vision for this area. What might we see if their vision for Library Square does come to fruition? The Town gives the land away free of charge to a developer. The Old Library & Old Seniors Centre are demolished and a 5 story residential building constructed in its place. The original landowners, you and I, get the main floor or a part of the main floor for community use free of charge. Just one major stipulation; we pay a "maintenance fee." Oh yes, I forgot to mention; we only get the space for 10 years. At such time, the Town pays "fair market rent" whatever that will mean. Sharing in the frustration of Councillor Gaertner, Kean and Vrancic, this issue has been before Council twice in the past 5 years and each time it has been in it's final stages, waiting approval of Council. Yet, each time the issue has ended without any resolution. Each time the Tag Team bringing the issue to a screeching halt using tactics such as name calling, manipulation, and intimidation. They have shown an utter and complete disregard for the Code of Conduct and the Procedural By-law. They have stretched stories so far that if adults were children they would be scolded for lying. Where do we stand after all of this turmoil? We have no plan in place, no permanent tenants on the horizon, buildings falling into disrepair and Community Groups frustrated and looking for space elsewhere. As for the Tag Team; they have more time to come up with a spin to convince us that a 5 story residential building is in our best interest and giving our land away, free of charge to a developer, is a noble thing to do. Do we give them more time or do we tell them that their time is up? Evelina MacEachern Aurora Resident -120- COUNCIL — SEPTEMBER 12, 2006 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4841-06.D BEING A BY-LAW to exempt Blocks 37 to 45 inclusive and Block 47, Plan 65114-3850, 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., File D12-PLC-02-06) WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1.990, c.P.13 (as amended) provides that the Council of a local Municipality may by by-law provide that the part lot control provisions as provided in subsection 50(5) of the said Act do not apply to the land that is within a registered plan of subdivision; AND WHEREAS the Council of the Corporation of the Town of Aurora considers it desirable to enact a by-law pursuant to the said Act exempting the lands hereinafter described from the said part lot control provisions; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT Subsection 50(5) of the Planning Act, R.S.0.1990, c.P.13 (as amended) shall not apply to the following lands, all situated in the Town of Aurora, Regional Municipality of York: Block 37, 65M-3850, Parts 8 to 15 inclusive, 65R-29249; Block 38, 65M-3850, Parts 1 to 13 inclusive, 65R-29301; Block 39, 65M-3850, Parts 1 to 15 inclusive, 65R-29300; Block 40, 65M-3850, Parts 18 to 31 inclusive, 65R-29303; Block 41, 65M-3850, Parts 1 to 17 inclusive, 32 and 33, 65R-29303; Block 42, 65M-3850, Parts 1 to 15 inclusive, 31 and 32, 65R-29302; Block 43, 65M-3850, Parts 16 to 30 inclusive, 65R-29302; Block 44, 65M-3850, Parts 1 to 13 inclusive, 65R-29305; Block 45, 65M-3850, Parts 1 to 15 inclusive, 65R-29304; and Block 47, 65M-3850, Parts 1 to 7 inclusive, 65R-29249; 2. THAT this By-law shall take effect upon the approval of the Council of the Town of Aurora, and the registration of the By-law in the proper land registry office. 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. M. COUNCIL - SEPTEMBER 12, 2006 (Royalcliff Homes Inc., File D12-PLC-02-06) 3. THAT this By-law shall lapse after a period of two years from the day of passing. READ A FIRST AND SECOND TIME THIS 12`h DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED 12`h DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA,TOWN CLERK I&" COUNCIL — SEPTEMBER 12, 2006 The Corporation of the Town of Aurora Bylaw Number 4843-06.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning Bylaw of the Town of Aurora. (File: D14-23-00, Mattamy(Aurora) Limited) WHEREAS Section 34 of the Planning Act, 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 the Zoning By-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 categories applying to the lands shown in dark outline on Schedule "A" attached hereto and forming part of this By-law are hereby amended from: 'Rural General (RU) Zone" to; Detached Dwelling Second Density Residential R2-67 Exception Zone", "Detached Dwelling Second Density Residential R2-68 Exception Zone", "Detached Dwelling Second Density Residential R2-73 Exception Zone" 'Detached Dwelling Second Density Residential Holding (H) R2-67 Exception Zone", 'Detached Dwelling Second Density Residential Holding (H) R2-68 Exception Zone", 'Detached Dwelling Second Density Residential Holding (H) R2-73 Exception Zone" and "Row Dwelling Residential Holding (H) R6. 46 Exception Zone." 2) Holding Prefix Notwithstanding the provisions of Section 11.70 of By-law 221-78, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)R2- 67, (H)R2-68, (H)R2-73 and (H)R6-46, on Schedule "A" attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses which existed on the date of passing of this by-law. Furthermore, no extension or enlargement of the uses which existed on the .date of the passing of this by-law shall occur, unless an amendment to this by- law is approved by the Council of the Corporation of the Town of Aurora and comes into full force and effect. Removal of Holding Prefix Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands zoned (H) R2-67, (H) R2-68, (H) R2-73 and (H)R6-46 or any part thereof, the Town of Aurora shall be satisfied that the relevant provisions of Section 4.3.2 of the Official Plan have been complied with. In addition, to the foregoing, and prior to the removal of the "(H)" Holding prefix, the following shall have been complied with: York Region advises in writing that it is no earlier than six (6) months prior to the expected completion of the 16" Avenue Phase 2 Trunk Sewer, the 19" Avenue Interceptor Trunk Sewer, the Lower Leslie Street Trunk Sewer, the B-3 COUNCIL - SEPTEMBER 12, 2006 Aurora/Newmarket Feedermain, the Newmarket EQ Tank, and the Aurora EQ Tank; or, The Town of Aurora approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure; or, The Regional Commissioner of Transportation and Works confirms servicing allocation for this development by a suitable alternative method. 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; and iii) The Town of Aurora is satisfied that the removal of the "(H)" represents a logical and orderly progression of development. Upon removal of the "(H)" Holding prefix from the lands zoned (H) R2-67, (H) R2-68, (H) R2-73 and (H) R6-46, pursuant to Section 36 of the Planning Act, or any successor thereto; the provisions applicable to the said lands shall be as set out in Sections 1..1.76.1 and 1 1.76.2. READ A FIRST AND SECOND TIME THIS 12TH DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK , COUNCIL - SEPTEMBER 12, 2006 Explanatory Note Re: Zoning By-law Number 4843-06.D By-law 4843-06.D has the following purpose and effect To amend the subject lands as shown on Schedule "A" from "Rural General (RU) Zone" to; "Detached Dwelling Second Density Residential R2-67 Exception Zone", "Detached Dwelling Second Density Residential R2-68 Exception Zone", "Detached Dwelling Second Density Residential R2-73 Exception Zone," "Detached Dwelling Second Density Residential Holding (H)R2-67 Exception Zone", ""Detached Dwelling Second Density Residential Holding (H)R2-68 Exception Zone", "Detached Dwelling Second Density Residential Holding (H)R2-73 Exception Zone," and "Row Dwelling Residential Holding (H) R6-46 Exception Zone, within the Town of Aurora's Zoning By-law 2213-78. The purpose of the amendment is to implement a proposed 73 lot residential plan of subdivision in accordance with the listed zoning standards. The removal of the Holding Prefix is subject to the requirements set out in the By-law. COUNCIL - SEPTEMBER 12, 2006 TOWN OF AURORA THIS IS SCHEDULE "A" TO BY-LAW NO. 4843-06.D THE REGIONAL MUNICIPALITY OF YORK PASSED THIS _ DAY LOCATION: PART OF LOT 26, CONCESSION 2 SOUTH SIDE OF ST. JOHN'S SIDEROAD OF , 2006. B. PANIZZA, CLERK T. JONES, MAYOR LANDS SUBJECT TO REZONING FROM "RU" TO "(H) R2-67" ® LAN DS SUBJECT TO REZON ING FROM "RU" TO "(H) R2-68" � LANDS SUBJECT TO REZONING FROM "RU" TO "R2-67" ®LANDS SUBJECT TO REZONING FROM "RU" TO "(H) R2-73" B LANDS SUBJECT TO REZONING FROM "RU" TO "R2-68" ®LANDS SUBJECT TO REZONING FROM "RU" TO "(H) R6-46"" -`' LANDS SUBJECT TO REZONING FROM "RU" TO "R2-73" — ■lilll■a■■■rrl So ties Iago �S■■■■■et/f1 0 loll IL n■■seem a■■ 1' ■1 771a 1 {IME aiCWA Sinn I e' di 1i F � �i1 �i♦° a� e�� m■ce1■en1♦ IN aaaa ♦♦ ♦. R ■■■r e a WON I , (ram ■■■■IIJ yI/�eEIi%7/C eNNo lti��71��♦i ai,7w�s � 1f7�ARr'{N�2�J17R171 ���`� irk Muni.7■p"1■1 �■■■ `■ eA■I �i��,.�msr�i i ol ■e■e■ �■■a■■■z0tA��.®___ Imm,olontAe���_.®� �o��� �. ON swii IVII ga �_`_`am an W MEE SCHEDULE "A" TO BY-LAW NO. 4843-06.D a COUNW L — SUTEMBER 12, 2006 The Corporation of the Town of Aurora By-law Number 4845.06.R BEING A BY-LAW TO Designate a certain property As being of Historic and/or Architectural Value orInterest "Elmwood Lodge: The Reuben J. Kennedy House 15032 Yonge Street" WHEREAS pursuant to Part IV of the Ontario Heritage Act, R.S. 0. 1990, Chapter o.18, the Council of a municipality is authorized to enact Bylaws to designate a real property, including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the municipal council of the Corporation of the Town of Aurora has cause to be served on the owners of the lands and premises at: 15032 Yonge Street Aurora, ON and up on the Ontario Heritage Foundation, notice of intention to designate Elmwood Lodge: The Reuben J. Kennedy House at 15032 Yonge Street and a statement of the reasons for the proposed designation, and further, has caused said notice of intention to be published in the Era Banner, being a newspaper of general circulation in the municipality; AND WHEREAS no notice of objection to the proposed designation has been served on the municipality; AND WHEREAS the reasons for designation are set out in Schedule "B" attached hereto and form part of this By-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the following real property, more particularly described in Schedule "A" attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest: Elmwood Lodge: The Reuben J. Kennedy House 15032 Yonge Street Town of Aurora The Regional Municipality of York 2. THAT the Town solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in Schedule "A" attached hereto it he property Land Registry Office. READ A FIRST AND SECOND TIME THIS 12'h DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12'h DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK AN COUNQJ L - 3�,PTEMBER 12, 2006 SCHEDULE "A" TO BY-LAW 4845.06.R In the Town of Aurora in the Regional Municipality of York, property description as follows: Plan 39 Part Lots 39 and 40 Town of Aurora Regional Municipality of York COUNC L - SE,pTEMBER 12, 2006 SCHEDULE "B" TO BY-LAW 4845.06.R STATEMENT OF SIGNIFICANCE Elmwood Lodge, the Reuben J. Kennedy House, at 15032 Yonge Street built circa 1870-80 is a good example of a late 19rh century L-shaped house built with the influence of the Gothic Revival style and is recommended for designation under Part IV of the Ontario Heritage Act because of its cultural heritage value. Description of Historic Place Elmwood Lodge, the Reuben J. Kennedy House, at 15032 Yonge Street is an L-shaped asymmetrical farmhouse, constructed in light yellow brick. The property is recognized for its heritage value by the Town of Aurora Council which recommended designation of the house under Part IV of the Ontario Heritage. Act on September 26, 2006. Heritage Value Elmwood Lodge, the Reuben J. Kennedy House at 15032 Yonge Street has historical value in its connection to several prominent citizens of Aurora. Built circa 1870, Reuben J. Kennedy, a local landowner, the property passed to Andrew Yule, an accountant with a family of eight in 1886. Yule, who served as town reeve from 1884 to1888. was the office manager of the Fleury foundry, and briefly ran the plant after Joseph Fleury's death in 1880. Fleda McQuade bought the property in 1934, and held it for 45 years, during which she named it'Elmwood Lodge'. The house at 15032 Yonge Street is an excellent example of a 19°i century L-shaped farmhouse with Gothic Revival elements. This sprawling two - storey yellow brick structure has a projecting wing to the right, gable roofs, and a two storey verandah over the main entrance. Elmwood Lodge: The Reuben J. Kennedy House is of contextual significance as the anchor building on the south end of a short block of residences. The heritage value and reasons for designation apply to the L-shaped light yellow brick form, enclosed verandah, together with historic window and door openings. Character defining elements Key elements that embody the heritage character of Elmwood Lodge include: • Overall 2 storey L-shaped form; • Projecting wing; • Gable roofs; • Asymmetrical fagade; • Window openings and surrounds, and louvered shutters; • 2 storey verandah, enclosed on upper storey with bellcast sides, and covered in shingles; • Main entrance in intersection of 'ell', including sidelights and transom; • Decorative brick work, including plinth and angled voussoirs; • Brackets; • Bargeboard; • Chimney; COUN L — SEPTEMBER 12, 2006 The Corporation of the Town of Aurora By-law Number 4846-06.R BEING A BY-LAW TO Designate a certain property As being of Historic and/or Architectural Value or Interest "The W. Lewis Stephens House 97 Wells Street" WHEREAS pursuant to Part IV of the Ontario Heritage Act, R.S. O. 1990, Chapter o.18, the Council of a municipality is authorized to enact Bylaws to designate a real property, including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the municipal council of the Corporation of the Town of Aurora has cause to be served on the owners of the lands and premises at: 97 Wells Street Aurora, ON and up on the Ontario Heritage Foundation, notice of intention to designate the W. Lewis Stephens House at 97 Wells Street and a statement of the reasons for the proposed designation, and further, has caused said notice of intention to be published in the Era Banner, being a newspaper of general circulation in the municipality; AND WHEREAS no notice of objection to the proposed designation has been served on the municipality; AND WHEREAS the reasons for designation are set out in Schedule "B" attached hereto and form part of this By-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the following real property, more particularly described in Schedule "A" attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest: The W. Lewis Stephens House 97 Wells Street Town of Aurora The Regional Municipality of York 2. THAT the Town solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in Schedule "A" attached hereto it he property Land Registry Office. READ A FIRST AND SECOND TIM THIS 12r4 DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12rh DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK B-10 COUNCJ L - SE,PTEMBER 12, 2006 SCHEDULE "A" TO BY-LAW 4846-06.R In the Town of Aurora in the Regional Municipality of York, property description as follows: Plan 120 Lot 41 Town of Aurora Regional Municipality of York B-11 COUN L - SE,PTEMBER 12, 2006 SCHEDULE 'B" TO BY-LAW 4846-06.R STATEMENT OF SIGNIFICANCE The W. Lewis Stephens House at 97 Wells Street is recommended for designation under Part IV of the Ontario Heritage Act because of its cultural heritage value or interest. Description of Historic Place The W. Lewis Stephens House, at 97 Wells Street built circa 1912 is a good example of an early 201h Century home built with the influence of the Edwardian Classicism or American Foursquare style out ofpre-cast concrete block, a relatively new and innovative building material at that time. The property is recognized for its heritage value by the Town of Aurora Council which recommended designation of the house under Part IV of the Ontario Heritage Act on September 26, 2006. Heritage Value The heritage value of the W. Lewis Stephens House at 97 Wells Street lies in its association with W. Lewis Stephens, a local builder who built several homes in the 'Rose Mount' subdivision. Originally farmland, the 'Rose Mount' subdivision was divided before World War I. The W. Lewis Stephens House is also of architectural value as a classic example of an Edwardian Style or American Foursquare home, with its uncomplicated rectangular shape, and a generous veranda (now enclosed). In many ways it resembles a number of other homes in the Wells Street neighbourhood and elsewhere in Aurora. It is distinguished, however, by its block, rather than red brick, construction. The blocks used are of a higher quality than those seen elsewhere in Aurora, as they were finished with crushed white marble. The result of this additional expense and effort has left the face of the house at 97 Wells Street in a much better condition than other concrete block houses in Aurora. The W. Lewis Stephens House is of contextual significance as part of an intact neighbourhood of well -maintained early 201" century bungalow, Arts and Crafts, and Edwardian homes built in the same era. The heritage value and reasons for designation apply to the overall form, roof, and porch, together with historic window and door openings. Character defining elements Key elements that embody the heritage character of the W. Lewis Stephens House include: • Overall Edwardian House form; • Crushed white marble faced concrete block exterior walls, which resemble ashlar; • Large Roof; • Centre Dormer; • Covered front porch form (originally open); • Original window openings; • All original sash; • Window sills; • Chimney. B-12 COUNC„j L — SEPTEMBER 12, 2006 The Corporation of the Town of Aurora By-law Number 4847-06.R BEING A BY-LAW TO Designate a certain property As being of Historic and/or Architectural Value or interest "The Enos Lundy House 938 St. John's Sideroad" WHEREAS pursuant to Part IV of the Ontario Heritage Act, R.S. O. 1990, Chapter o.18, the Council of a municipality is authorized to enact Bylaws to designate a real property, including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the municipal council of the Corporation of the Town of Aurora has cause to be served on the owners of the lands and premises at: 938 St. John's Sideroad Aurora, ON and up on the Ontario Heritage Foundation, notice of intention to designate the Enos Lundy House at 938 St. John's Sideroad and a statement of the reasons for the proposed designation, and further, has caused said notice of intention to be published in the Era Banner, being a newspaper of general circulation in the municipality; AND WHEREAS no notice of objection to the proposed designation has been served on the municipality; AND WHEREAS the reasons for designation are set out in Schedule "B" attached hereto and form part of this By-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the following real property, more particularly described in Schedule "A" attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest: The Enos LundyHouse 938 St. John's Sideroad Town of Aurora The Regional Municipality of York 2. THAT the Town solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in Schedule "A" attached hereto it he property Land Registry Office. READ A FIRST AND SECOND TIM THIS 1P DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12tb DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK B-13 COUNC„I L - SE,PTEMBER 12, 2006 SCHEDULE "A" TO BY-LAW 4847-06.R In the Town of Aurora in the Regional Municipality of York, property description as follows: Concession 2E, Part Lot 26, Whitchurch Town of Aurora Regional Municipality of York B-14 COUNC„I L - S�,PTEMBER 12, 2006 SCHEDULE "S" TO BY-LAW 4847-06.R STATEMENT OF SIGNIFICANCE The Enos Lundy House at 938 St. John's Sideroad is a rare and early survivor of an 1820's farmhouse built with the influence of the Georgian style of architecture. The house is one of the oldest buildings in Aurora and York Region, and it is recommended for designation under Part IV of the Ontario Heritage Act because of its cultural heritage value. Description of Historic Place The Enos Lundy House, at 938 St. John's Sideroad is an 1820's brick farmhouse with Georgian details. The property is recognized for its heritage value by the Town of Aurora Council which recommended designation of the house under Part IV of the Ontario Heritage Act on September 26, 2006. Heritage Value The heritage value of the Enos Lundy House at 938 St. John's Sideroad is as one of the oldest buildings in Aurora and York Region. Built circa 1828, the house was constructed on land owned by Enos Lundy, one of York Region's earliest settlers, and great- grandfather of the renowned author. Mazo de to Roche. The Lundy family owned the property until the early 201h century. The Enos Lundy House is also of architectural value as a rare surviving example of a large early 191h century farmhouse with Georgian influences. Constructed with local handmade bricks, the house features 12/8 double hung windows and paired chimneys on the gable ends. The Enos Lundy House is of contextual significance as an important reminder of the large Quaker settlement that existed in the early years of Whitchurch Township, part of which is now Aurora. The building, set next to a creek and surrounded by farmland is now a rare example of the historic farming community of Aurora. The heritage value and reasons for designation apply to the overall handmade brick form, gable roof, together with historic window and door openings. Character defining elements Key elements that embody the heritage character of the Enos Lundy House include: • Overall Georgian house form; • 12/8 windows; • Handmade local brickwork; • Raised brick band across facades; • Historic chimneys; • Historic wood frame; • Stone foundation. B-15 COUNCIL — SEPTEMBER 12, 2006 The Corporation of the Town of Aurora By-law Number 4848-06.R BEING A BY-LAW TO Designate a certain property As being of Historic and/or Architectural Value or Interest "The Roderick and Ethel Smith House 88 Wells Street" WHEREAS pursuant to Part IV of the Ontario Heritage Act, R.S. O. 1990, Chapter o.18, the Council of a municipality is authorized to enact Bylaws to designate a real property, including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the municipal council of the Corporation of the Town of Aurora has cause to be served on the owners of the lands and premises at: 88 Wells Street Aurora, ON and up on the Ontario Heritage Foundation, notice of intention to designate the Roderick and Ethel Smith House at 88 Wells Street and a statement of the reasons for the proposed designation, and further, has caused said notice of intention to be published in the Era Banner, being a newspaper of general circulation in the municipality; AND WHEREAS no notice of objection to the proposed designation has been served on the municipality; AND WHEREAS the reasons for designation are set out in Schedule "B" attached hereto and form part of this By-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the following real property, more particularly described in Schedule "A" attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest: The Roderick and Ethel Smith House 88 Wells Street Town of Aurora The Regional Municipality of York 2. THAT the Town solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in Schedule "A" attached hereto it he property Land Registry Office. READ A FIRST AND SECOND TIME THIS 12fb DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12'" DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK ME COUN IL - SUTEMBER 12, 2006 SCHEDULE "A" TO BY-LAW 4848-06.R In the Town of Aurora in the Regional Municipality of York, property description as follows: Planl20 Lot 42 Plan 68 Part Lot 8 Town of Aurora Regional Municipality of York B-17 COUNCIL — S PTEMBER 12, 2006 SCHEDULE `B"TO BY-LAW 4848-06.R STATEMENT OF SIGNIFICANCE The Roderick and Ethel Smith House, at 88 Wells Street built circa 1941 is a good example of a Colonial Revival Style House, built to an architectural quality design during the Second World War and is recommended for designation under Part IV of the Ontario Heritage Act because of its cultural heritage value. Description of Historic Place The Smith House at 88 Wells Street is part of an intact neighbourhood of well maintained early 20* Century Bungalow, Arts and Crafts, Colonial Revival and Edwardian Homes built around the same time. The house at 88 Wells Street is a 1% storey Colonial Revival Style home. In recent years the house has received a number of embellishments which are in keeping with the historic Colonial Revival Styling of the house. The property is recognized for its heritage value by the Town of Aurora Council which recommended designation of the Smith House under Part IV of the Ontario Heritage Act on September 26, 2006. Heritage Value The heritage value of the Smith House lies in it being part of an intact neighbourhood of well maintained early 20`h Century Bungalow, Arts and Crafts, Colonial Revival and Edwardian Homes built in the 1930's and 1940's. The house was built circa 1941 for the Smith Family, in the Colonial Revival Style of Architecture. Although of relatively recent vintage, the house, now 65 years old is a rare example of an architecturally designed house, built in Aurora during the Second World War. As a well maintained house of a high quality of design, which blends in well with the: surrounding neighborhood of mostly pre-war homes, the Roderick and Ethel Smith House at 88 Wells Street, exhibits sufficient cultural heritage value to merit designation under the Ontario Heritage Act. The Smith House is also of architectural value as a classic example of a modest Colonial Revival Home with its symmetrical 3-bay fagade, dormer windows and 1 Y: storey form. The house- is well maintained and recent architectural embellishments such as the dentil-work, portico, siding and window enhancements are in keeping with the original architectural style of the house. The heritage value and reasons for designation apply to the overall form, together with historic window and door openings. Character defining elements Key elements that embody the heritage character of the Smith House include: • Overall 1 '/z storey form; • Front dormers; • Symmetrical fagade; Window openings and surrounds; Dentils; • Portico; COUN L - S�,PTEMBER 12, 2006 Siding; Chimney; COUN0,IL - SEPTEMBER 12, 2006 The Corporation of the Town of Aurora By-law Number 4849.06.R BEING A BY-LAW TO Designate a certain property As being of Historic and/or Architectural Value or Interest "The Pugh House 106 Wells Street" WHEREAS pursuant to Part IV of the Ontario Heritage Act, R.S. 0. 1990, Chapter o.18, the Council of a municipality is authorized to enact Bylaws to designate a real property, including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the municipal council of the Corporation of the Town of Aurora has cause to be served on the owners of the lands and premises at: 106 Wells Street Aurora, ON and up on the Ontario Heritage Foundation, notice of intention to designate the Pugh House at 106 Wells Street and a statement of the reasons for the proposed designation, and further, has caused said notice of intention to be published in the Era Banner, being a newspaper of general circulation in the municipality; AND WHEREAS no notice of objection to the proposed designation has been served on the municipality; AND WHEREAS the reasons for designation are set out in Schedule "B" attached hereto and form part of this By-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the following real property, more particularly described in Schedule "A" attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest: The Pugh House 106 Wells Street Town of Aurora The Regional Municipality of York 2. THAT the Town solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in Schedule "A" attached hereto it he property Land Registry Office. READ A FIRST AND SECOND TIME THIS 12r6 DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12r" DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK COUNC„I L - SUTEMBER 12, 2006 SCHEDULE "A" TO BY-LAW 4849.06.R In the Town of Aurora in the Regional Municipality of York, property description as follows: Plan120 Lot 70 Town of Aurora Regional Municipality of York B-21 COUNQJ L - 8�,PTEMBER 12, 2006 SCHEDULE "B" TO BY-LAW 4849.06.R STATEMENT OF SIGNIFICANCE The Pugh House, at 106 Wells Street built in 1916 is a good example of the Edwardian Classicism style and is recommended for designation under Part IV of the Ontario Heritage Act because of its cultural heritage value. Description of Historic Place The Pugh House, at 106 Wells Street is a four -square Edwardian house, with an enclosed verandah and gable roof. The property is recognized for its heritage value by the Town of Aurora Council which recommended designation of the house under Part IV of the Ontario Heritage Act on September 26, 2006. Heritage Value The Pugh House at 106 Wells Street has historical value in its connection to W,.Lewis Stephens, and Mr. Percy Pugh. W. Lewis Stephens was a local builder who constructed a number of houses in the 'Rose Mount' subdivision, an area of farmland divided up before WWI. Mr. Stephens was also the brother-in-law of Mr. Percy Pugh, the first owner of the house. Percy and Clara Pugh lived in the house for only two years before both they and their un-named baby died in the influenza epidemicof1918. The house at 106 Wells Street is a Classic example of an Edwardian Style or American Foursquare home, with its uncomplicated rectangular shape, and a generous veranda (now enclosed). The house also has features in common with a number of examples described in early 201" Century catalogue house design books produced by companies such as Sears Roebuck. The Pugh House is of contextual significance as part of an intact neighbourhood of well maintained early 20th Century Bungalow, Arts and Crafts and Edwardian Homes built around the same time. The heritage value and reasons for designation apply to the overall four- square brick form, enclosed verandah, together with historic window and door openings. Character defining elements Key elements that embody the heritage character of the Smith House include: • Overall 1 %: storey form; • Front dormers; • Symmetrical fagade; Window openings and surrounds; • Dentils; • Portico; • Siding; • Chimney; B - 22 COUNC„ L — SEPTEMBER 12, 2006 The Corporation of the Town of Aurora By-law Number 4850-06.R BEING A BY-LAW TO Designate a certain property As being of Historic and/or Architectural Value or Interest "The Radial Railway Bridge Abutment 520 Industrial Parkway South" WHEREAS pursuant to Part IV of the Ontario Heritage Act, R.S. O. 1990, Chapter o.18, the Council of a municipality is authorized to enact Bylaws to designate a real property, including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the municipal council of the Corporation of the Town of Aurora has cause to be served on the owners of the lands and premises at: 520 Industrial Parkway South Aurora, ON and up on the Ontario Heritage Foundation, notice of intention to designate the Radial Railway Bridge Abutment at 520 Industrial Parkway South and a statement of the reasons for the proposed designation, and further, has caused said notice of intention to be published in the Era Banner, being a newspaper of general circulation in the municipality; AND WHEREAS no notice of objection to the proposed designation has been served on the municipality; AND WHEREAS the reasons for designation are set out in Schedule "B" attached hereto and form part of this By-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the following real property, more particularly described in Schedule "A" attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest: The Radial Railway Bridge Abutment 520 Industrial Parkway South Town of Aurora The Regional Municipality of York 2. THAT the Town solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in Schedule "A" attached hereto it he property Land Registry Office. READ A FIRST AND SECOND TIME THIS 12rh DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12rh DAY OF SEPTEMBER, 2006. F, JONES, MAYOR B. PANIZZA, TOWN CLERK B - 23 COUN L - SE,pTEMBER 12, 2006 SCHEDULE "A" TO BY-LAW 48501-06.R In the Town of Aurora in the Regional Municipality of York, property description as follows: Concession 1 E, Part Lot 7 Town of Aurora Regional Municipality of York m COUNC,I L - SUTEMBER 12, 2006 SCHEDULE `B" TO BY-LAW 4850-06.R STATEMENT OF SIGNIFICANCE The Radial Railway Bridge Abutment, at 520 Industrial Parkway South was built in 1899 as part of a road bridge across Yonge Street for the historic Radial Railway Line. It is the last remaining reminder of the line that linked towns from Lake Simcoe to Toronto, and is recommended for designation under Part IV of the Ontario Heritage Act because of its cultural heritage value. Description of Historic Place The Radial Railway Bridge Abutment is a sturdy, tapered limestone Bridge Abutment, designed to hold the weight of a railway line, cars, and freight. The property is recognized for its heritage value by the Town of Aurora Council which recommended designation. of the Bridge Abutment under Part IV of the Ontario Heritage Act on September 26, 2006. Heritage Value The Radial Railway Bridge Abutment at 520 Industrial Parkway South has historical value in its connection to the Metropolitan Street Railway Company, which built its radial railway along Yonge Street, joining Newmarket and Aurora to Toronto. The bridge abutment is the only remaining piece of the radial railway in Aurora, built to support the radial rail line bridge that passed over the Grand Trunk Railway. This radial railway line eventually extended out to Lake Simcoe. The radial railway bridge was removed in 1922 with the construction of the Yonge Street underpass, although the railway continued to operate until 1930. The remaining radial railway tracks were torn up in 1931. The heritage value and reasons for designation apply to the overall limestone Radial Railway Bridge Abutment. Character defining elements Key elements that embody the heritage character of the Radial Railway Bridge Abutment include: Overall rectangular form, slightly tapering at the top; • Limestone blocks' • Mortar; • Foundation. B - 25 COUNC L - SEPTEMBER 12, 2006 The Corporation of the Town of Aurora By-law Number 4851-06.R BEING A BY-LAW TO Designate a certain property As being of Historic and/or Architectural Value or Interest "The Walter Grice House 89 Wells Street" WHEREAS pursuant to Part IV of the Ontario Heritage Act, R.S. O. 1990. Chapter o.18, the Council of a municipality is authorized to enact Bylaws to designate a real property, including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the municipal council of the Corporation of the Town of. Aurora has cause to be served on the owners of the lands and premises at: 89 Wells Street Aurora, ON and up on the Ontario Heritage Foundation, notice of intention to designate the Walter Grice House at 89 Wells Street and a statement of the reasons for the proposed designation, and further, has caused said notice of intention to be published in the Era Banner, being a newspaper of general circulation in the municipality; AND WHEREAS no notice of objection to the proposed designation has been served on the municipality; AND WHEREAS the reasons for designation are set out in Schedule "B" attached hereto and form part of this By-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS; 1. THAT the following real property, more particularly described in Schedule "A" attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest: The Walter Grice House 89 Wells Street Town of Aurora The Regional Municipality of York 2. THAT the Town solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in Schedule "A" attached hereto it he property Land Registry Office. READ A FIRST AND SECOND TIM THIS 12rh DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12rh DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK B - 26 COUNC„I L - SE,PTEMBER 12, 2006 SCHEDULE "A" TO BY-LAW 4851-06.R In the Town of Aurora in the Regional Municipality of York, property description as follows: Plan 120 Lot 39 Town of Aurora Regional Municipality of York B-27 COUKI L - S�,PTEMBER 12, 2006 SCHEDULE "B" TO BY-LAW 4851-06.R STATEMENT OF SIGNIFICANCE The Walter Grice House at 89 Wells Street is recommended for designation under Part IV of the Ontario Heritage Act because of its cultural heritage value or interest. Description of Historic Place The Walter Grice House, at 89 Wells Street built circa 1923 is a good example of a Bungalow Style House, built with the influence of the Arts and Crafts movement in Southeast Aurora. The property is recognized for its heritage value by the Town of Aurora Council which recommended designation of the house under Part IV of the Ontario Heritage Act on September 26, 2006. Heritage Value The heritage value of the Walter Grice House at 89 Wells Street lies in its association with Walter Grice, a carpenter, and the early Aurora subdivision known as 'Rose Mount'. Originally farmland, the subdivision known as 'Rose Mount' was subdivided before World War I. The house at 89 Wells Street was not developed until 1923, when the lot was purchased by Walter Grice, a local carpenter. He and his wife Clara both lived in the house until their respective deaths in 1947 and 1959. The Walter Grice House is also of architectural value as a 1'/2 storey Bungalow style home, influenced by the Arts and Crafts style of architecture, possibly based on a design from catalogue house design books that were widely available from such companies as Sears -Roebuck. Using the same basic plan, in communities across North America, catalogue houses ultimately had some local variations based on such factors as availability of materials, lot size, economics and personal tastes. The house at 89 Wells Street has features in common with a number of examples described in 1920s catalogues. The house at 89 Wells Street is a classic example of the bungalow style with its large, sizable veranda, roof, broad eaves, decorative windows, both art glass and 3 or 6 over 1, double hung. The exterior cladding on the house is brown brick. The veranda features a solid wood balustrade with framed lattice covering the lower half of the porch. The Walter Grice House is of contextual significance as part of an intact neighbourhood of well maintained early 20` Century Bungalow, Arts and Crafts and Edwardian Homes built around the same time. The heritage value and reasons for designation apply to the overall bungalow form, roof, and porch, together with historic window and door openings. Character defining elements Key elements that embody the heritage character of the Walter Grice House include: • Overall Bungalow form; • Large Roof; • Centre Gable; • Covered front porch; Solid balustrade on porch; Brick piers under porch; • Decorative multi -pane windows; COUN IL -S PTEMBER 12, 2006 • Front door; • Historic Exterior doors; COUNCIL - SEPTEMBER 12, 2006 THE CORPORATION OF THE TOWN OFAURORA By-law Number 4785-06.T BEING A BY-LAW to amend Parking By-law 4574-04.T as amended, with respect to parking on Rush Road. WHEREAS Section 11 (1) of the Municipal Act 2001, S.0.2001 C.25, as amended authorizes a municipality to pass by-laws for the regulation of traffic on highways; AND WHEREAS the Municipal Council of the Corporation of the Town of Aurora enacted By-law 4574-04.T, as amended, being the Parking and Traffic Control By- law; AND WHEREAS the Municipal Council of the Corporation of the Town of Aurora deems it necessary and expedient to amend By-law 4574-04.T, as amended; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT Schedule I respecting No Parking to By-law 4574-047, as amended, is hereby amended by the addition thereto of the following: COLUMN 1- COLUMN 2-SIDE COLUMN 3-FROM: COLUMN 4- HIGHWAY TO: PROHIBITED TIMES OR DAYS Rush Road East/South From: a point 95 meters No Parking Anytime west of Pinnacle Trail's To: a point 115 meters west of Pinnacle Trail's 2. THAT the provisions of this By-law shall came into force upon third reading and when properly worded signs have been erected and are on display. READ A FIRST AND SECOND TIME THIS 12tb DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12rH DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK COUNCIL — SEPTEMBER 12, 2006 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4852-06.0 BEING A BY-LAW to Confirm Actions by Council Resulting From Meeting 06-24 on September 12, 2006. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the actions of the Council at its meeting held on September 12, 2006 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 12TH DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF SEPTEMBER, 2006. T. JONES, MAYOR B. PANIZZA, TOWN CLERK B-31 ADDITIONAL ITEMS TABLED FOR COUNCIL MEETING Tuesday, September 12, 2006 ➢ New Delegation (c) - Mr. Blair McArthur, The Miller Group Re: Item 4(18) - Northern 6 Municipalities Joint Waste Collection Contract - Results of Request for Proposals ➢ New Delegation (d) - Mr. Louis Anagnostakos Re: Item 4(18) - Northern 6 Municipalities Joint Waste Collection Contract - Results of Request for Proposals ➢ Correspondence from • The World Wildlife Fund • Sharon & Tony De Furia • Claudette Sandecki • Sandra McEleney • Carolyn Pigeau • The Conservation Council of Ontario • Richard Johnson • Maureen Temme • Dannie Angevine • Helen Pettingill • Noreen Stevens • Carl Duivenvoorden • David Weir • Cornelia Penner • Malcolm Dunn • C. Burden • Article from CanWest News Service Re: Item 8 - Citizen Initiative to Conserve Energy and Control Escalating Energy Costs ➢ Recommendations from September 11, 2006 Environmental Advisory Committee Meeting Re: Item 8 - Citizen Initiative to Conserve Energy and Control Escalating Energy Costs - ➢ Energy Conservation Leadership Act, 2006 (Requested by Councillor Morris) ➢ Memo from Councillor West —Clothes Lines Re: Item 8 - Citizen Initiative to Conserve Energy and Control Escalating Energy Costs ➢ Memo from Councillor West Re: Mortgage Fraud .MDDED ITEM Delegation (c) Panizza, Bob From: Blair McArthur Sent: Tuesday, September 12, 2006 11:04 AM To: Panizza, Bob Cc: Leo McArthur; George South; Jackson, Wayne Subject: Request for Deputation Dear Sir I am requesting the opportunity to appear before Council at the upcoming council meeting on Sept 12th. I would like to address staff's report number PW06-046. Could you please confirm this request is acceptable and what the rules are governing my deputation? I understand the meeting commences at 7:00 pm. Thank you Blair McArthur Senior VP The Miller Group 1 ADDED ITEM Delegation (d) Panizza, Bob From: Louis Anagnostakos _ Sent: Tuesday, September 12, 2006 1:63 PM To: Rogers, John Cc: Panli Bob; Jackson, Wayne Subject: RE: Delegation Status Dear Mr. Paniaa, I look forward to attending tonight's meeting to answer any questions Council has, please register me as a delegate. I am attaching my vcard for your records Thank you for the opportunity From: Sent: September 12, 2006 9:45 AM To: Louis Anagnostakos Cc: bpaniaa@e-aurora.ca; wjackson@e-aurora.ca Subject: Delegation Status Louis: It was a pleasure to most you last night. If you are wishing to be a delegate at tonights meeting you need to email our Clerk, Bob Pan to request delegation status. The Agenda Item is Item 4 (18) PW06-046. Bob's email is bpanIna@e-aurora.ca John S. Rogers, Chief Administrative Officer Town of Aurora, 1 Municipal Drive, Box 1000 Aurora, Ontario, L4G 6,11 Direct 905-726-4744 905-7273123, Ext 4744 Fax 905-727-4993 Confidential Fax 905-726-4737 PLEASE NOTE: Our email and web address have changed - the new small Is Jrogers@e-aurora.ca - the new web is www.e-aurora.ca Aurom is a Character Community this month's attribute is INITIATIVE - The information contained in this message is directed in confidence solely to the person{s) named above and may not be otherwise distributed, copied or disclosed. The message may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection and Privacy Act. If you have received this message In error, please notify the sender immediately advising of the error and delete the message without making a copy. Thank you. 9/12/2006 ADDED ITEM AGE m nm # A;L Panizza, Bob From: Phyllis Morris Sent: Monday, Sep To: Panizza, Bob Cc: Ewart, Karen Subject: FW: W WF-Canada letter of support Dear Bob Please ciriculate this as an additonal information to table with item #8 of tomorrow nights Council agenda Thank You Councillor Phyllis Morris Here's a pelf of our letter of support for the Right to Dry. Keith Stewart Keith Stewart, Ph.D. Manager, Climate Change Campaign W WF-Canada 245 Eglinton Avenue East, Suite 410 Toronto, Ontario M4P 331 1-800-26-PANDA Tel. 416-489-4567 xt 7257 Fax 416-489-3611 E-mail: kstewarbAwwfcanada.9M Web: www.wwf.ca Fight climate change one piece of sky at a time at www.saveourclimate.ca 9/1112006 .400. WWF September 11, 2006 Aurora Town Council 1 Municipal Drive Aurora, Ontario Canada L4G-6J1 Dear Council Members: W WF-Canada World Wildlife Fund Canada 245 Eglinton Avenue East Toronto, ON Canada VIV 3J1 Tel: (416) 489-8800 Tall -free: 1-800-26-PANDA (1-800-267-2632) Fax: (416) 489-3611 v wf.ca On behalf of WWF-Canada, I would urge you to support the motion before Council encouraging the provincial government to use the authority granted in the Energy Conservation Leadership Act to remove barriers to energy conservation. As you are no doubt aware, any voyage consists of many individual steps — but it is a shorter trip if you are walking in the right direction. Globally, we face the enormous challenge of stabilizing the level of greenhouse gases in the planet's atmosphere before global warming reaches dangerous levels. Reducing the wasteful use of energy is the primary means by which we can achieve this goal. Yet, in Canada, too many of our current energy policies have us running in the opposite direction by encouraging energy waste or, as in this instance, actually preventing individuals from taking actions to eliminate unnecessary energy consumption. Allowing people to hang -dry their clothes may appear to be a minor matter, but allowing the use of this simple yet effective renewable energy technology (i.e. a solar- and wind -powered clothes dryer) is one small step towards stopping the degradation of the planet's natural enviromuent and building a future in which humans live in harmony with nature. So I urge you to take a leadership role amongst Ontario municipalities, and support the Right to Dry, or as they say in Kingston, Free the Sheets! Sincerely,�� Keith Stewart, Ph.D. Manager, Climate Change Campaign WWF-Canada for a living planet° Panizza, Bob From: Phyllis Morris Sent: Monday, September 11, 2006 10:40 PM To: Parl;za, Bob Cc: Subject: FVVI Clothes lines Dear Bob Please add the email from Sharon and Tony DeFuria to item 48 of the Council meeting of September 121:1a, 2006 for inclusion on the agenda item for information & consideration by Council. -----Original Message -- --- From: Sharon DeFuria Sent: Monday, September 11, 2006 10:07 PM To: allcouncillors®e-aurcra.ca Subject: Clothes lines Dear Councillors we are writing in support of the motion which has been put forward to Council by Phyllis Morris to allow the use of clothes lines on residential properties in the town of Aurora. In this day and age of awareness of global warming, the question should not be "May I hang clothes out and thereby save about 900kg of greenhouse gas emissions each year?" but rather "why would you not hang laundry to do your part in protecting the environment?" The simple act of hanging clothes, an age-old practice, can make a real difference in the amount of greenhouse gas emission in a community. It eaves in energy consumption. It saves in the costs of running a household. How on earth did real estate developers attain the right to tell me as a taxpaying citizen of this town that I cannot hang a pair of blue jeans in my own back yard? It seems beyond ridiculous that this is even an issue. In the last year we remember seeing an article in the local paper describing that there are still contaminates in a local creek from a leather tanning operation many decades ago. Anyone deplores this situation, so why not take action where we can and actually encourge people to hang laundry? We would like to publicly thank Ms. Morris for putting this motion forward and hope to hear that it has been speedily passed by council in the near future. Sincerely, Sharon and Tony De Furia Panizza, Bob From: Claudette Sandecki Sent: Monday, September 11, 20064:46 PM To: Panlz , Bob Subject: Outdoor clotheslines Dear City Council of Aurora, Ontario: Councillor Morris has the right idea -- encourage outdoor drying of laundry whenever weather permits. Hearing of developers who expect home buyers to sign a covenant promising not to set up backyard clotheslines for up to 40 years sounds like a comedian's dream come true. Claudette sandecki e Sandecki Panizza, Bob From: Sandra McEleney Sent: Monday, September 11, 2006 9:54 PM To: Panizza, Bob Subject: I am supporting Phillys Morris' proposal to allow clotheslines in all of York Region, notjust Aurora Dear Town of Aurora; This one is a no-brainer. Dryers are the biggest electricity -suckers in the house. The smell and freshness of clothes dried outside should be enough of an incentive but really, with all the pollution we have now that we're growing at an astronomical rate, we HAVE to be flexible with energy -saving ideas. No, the lines shouldn't be on front yards, just back yards, please but I say, LET the clothes hang. Sincerely, Sandra McEleney Town of Markham Conservation Committee Member 9/12/2006 Panizza, Bob From: The Pigeaus Sent: Tuesday, September 12, 2006 1:45 PM To: Panizza, Bob Subject: right to dry As an individual who has my clothes out on the line as I type this note, I wish to support the "Right to Dry" campaign motion. Carolyn Pigeau Orillia, ON 9/12/2006 AdreL AN Wk The Conservation Council of Ontario A provincial association of major organizations and individuals committed to the health of our environment. A registered Canadian charitable organization: Business Number 11887 A850 RR0001 September 12, 2006 Aurora Town Council 1 Municipal Drive Aurora Ontario L4G 6J1 Sent via e-mail and fax: (905) 7264732 Dear Council Members, Mailing address: Suite 132, 215 Spadina Ave Toronto, Ontario M5T 2C7 Ph: (416) 533-1635 Fax:(416) 979-3936 E-mail: cco@web.ca httpINAvw.greenontado.org Three years ago, while hanging out diapers on our backyard clothesline, I was watching butterflies flitting southward and jets from the CNE air show screaming skyward. it was a strange juxtaposition of the most modern and raucous of technologies with the simplest and most elegant. We may live in a complex, fast -paced and modern world, but let us never forget the value of simplicity and living lightly on this earth. Through our Lighten Up Ontario campaign, the Conservation Council of Ontario is asking Onterians to make a commitment to reducing their electrical consumption through simple and elegant measures, such as compact fluorescent lights, energy -efficient appliances, natural cooling, and air -drying laundry. From across Ontario we are hearing overwhelming public support for conservation as the first priority in handling Ontario's electricity crisis. People are investing their own time and money in conservation, and they expect their governments to support them. I fully support Councillor Morris' motion asking the Province to use the Conservation Leadership Act to designate clotheslines as a "conservation technology'. You have found an elegant solution to a nonsensical problem. Bravo. Sincerely, Chris Winter Executive Director Panizza, Bob From: Phyllis Morris Sent: Tuesday, September 12, 2006 2:40 PM To: Pant=, Bob Subject: FW:'Right to Dry" letter of support Bob Please place this on tonighrs agenda Thanks Councillor Phyllis Morris --Original Message --- From: Richard Johnson (TOR) i Sent: Tuesday, September 12, 2006 2:27 PM To: Phyllis Morris Subject: "Right to Dry" letter of support RE: Support of Agenda item #8 a1 Aurora Council Meeting, September 12, 2006 Dear Deputy Mayor Morris: As a very active member of the Aurora Community over the past two years I have tried to raise awareness of power supply, environmental and "smart growth" Issues. As you well know, I have tried to engage all levels of government, with mixed success, In seeking out solutions to commonly held concerns while encouraging the development of policies and procedures that promote sustainable solutions that factor in environmental considerations and infrastructure capabilities. I am very grateful for your on -going leadership In trying to address concems raised by the community In a proacilve, responsive and transparent fashion. Your approach Is refreshing to say the least. I have learned from experience that all levels of government need to play a roll In finding solutions and developing comprehensive strategies that solve commonly held and broad based concerns. Your motion (#8) for tonighfs council meeting, as posted on your website, is exactly the type of progressive, well thought out and forward thinking approach that we need. I would like to offer my formal support for the intent and direction of your "right to dry" campaign while at the same time noting that some resblctlons may be required in order to accommodate the close quarters that residents are being asked to live In with current developments underway, such as at Wellington and Bayview, whom there Is little or no green space between homes. Long term environmental decisions should not be left to developers, but rather the immediate community and municipality should reserve the right to establish environmental policies along the lines that suite the character and best Interests of the community and environment In question. I am sure that a happy middle ground can be found through the development of reasonable standards and policies, on a case by case basis as may be required, but there is no question that where neighbouring residents do not feel they are being directly and materially Impinged upon aesthetically, cloths lines should be encouraged 9/12/2006 and possibly even factored into the design considerations of future communities. Unreasonably restrictive and or out -dated policies and contracts that do not take our current environmental and smart growth concerns and sensitivities into consideration should not be permitted to continue in perpetuity. The implications of a "business as usual' approach to development in York Region are too serious in light of the many environmental and planning issues we currently face. Best Regards, Richard D. Johnson October Lane, Aurora 9/12/2006 Panizza, Bob From: P Morris Sent: Tuesday, September 12, 2006 2:57 PM To: Paninn, Bob Subject: FW: Right to dry campaign - a note from London, Ontario -----Original Message ----- From: Maureen Temme Sent: Monday, September 11, 2006 7:31 PM To: P Morris Subject: Right to dry campaign - a note from London, Ontario Dear Phyllis Morris, Thank you for the interesting and well linked e-mail, concerning clothes lines, and beyond to some proposed Ontario legislation. I hope sincerely that your city council will pass this motion. Your info came on an interesting day: this morning I gave a talk to the London Montessori House of Children (it's a private school with a long name) about UNICEF's 2006 Hallcwa�en fund-raising campaign which will direct funds to the Schools in Africa education project in Malawi. I have no doubt that they have clothes lines in Malawi, and would think that we are insane to fuss about whether laundry lines are aesthetically unpleasing while we have the water to wash our clothes with the water flows away without polluting a water source and so will not make our children sick and then we have to find the money to bury them If you need to, feel free to share this perspective with your fellow councillors. with sincere and kindest regards, Maureen Temme London Paniaa, Bob From: Phyllis Morris Sent: Tuesday, September 12, 2006 3:32 PM To: Panlzza, Bob Subject: FW: good luckwilh clothes lines For the agenda tonight - Thank you ----Original Message ---- From: Sent: Thursday, August 31, 2006 11:28 AM To: - Subject: good luck with clothes (Ines Dear Phyllis Morris, I hope you and the others working with you succeed in overturning developers' restrictions against outdoor clotheslines. [I saw the item on CBC Internet news] In the not too distant future, I expect that regulations will be written that disallow use of indoor dryers, either at specific times of the year or year round, Nhile I hope that this and other restrictions on power use come with mirilmal social disruption and violence, the cynical side of me [that reads a great.deal of environment forecasting information] expects much social disruption. Here in London, it's taken 6 years to get City Council to bring in a bylaw to ban use of cosmetic pesticides; that bylaw won't come into effect until September 30, 2006. Discontinuing cosmetic pesticide use is another easy thing to do to help the environment. Using outdoor clotheslines is even easier; there may be more labour but there are no weeds to decide about. Very best regards to you, Maureen Temme 9/12/2006 Panizza, Bob From: Phyllis Morris Sent: Tuesday, September 12, 2006 3:03 PM To: Panizza, Bob Subject: FW: Congratulations[ Please place on tonight's agenda - Thank you -----Original Message ----- From: Dandle Se2006 11:45 AM To: Sub a ongra u a ions. You go girl[ I try in my own small way to do those things that help the environment. I believe that it is many people doing small things that make the difference. Every August as I listen to the CBC tally our electricity use I reflect that we have no shortage of electricity but rather an overconsumption. I work In a building that has windows that do not open. I say to myself "But why are they called windows if the wind can't get in them. They are not called Ilghtows". Every year the day the heat is turned off is follwed on the succeeding day with the air conditioner turned on. Often on a summer day when It is 30 outside I have to wear a sweater indoors. I have no airconditioner in my home but, rather, I strategically use window fans after 9pm, and seldom am too hot at night. I am, however, blessed to live in a Victorian house with large windows and double brick which takes five days to heat up. This summer my dryer broke and for a couple of weeks I used a drying rack on my back porch. It was no more work than using the dryer and the clothes smelled so good. Now that the dryer is fixed I continue to use the drying rack and plan to install a clothes line (gaspl) next summer. I live In a rather holly-tolty neighbourhood so it will be interesting to see If there are any repercussions. I shall follow the story of your battle to restore clotheslines. Hard to believel Yours sincerely Dannie Angevine Brantford ON 5 lWaTmT^ Panizza, Bob From: P Morris - Sent: Tuesday, September 12, 2006 3:04 PM To: Panizna, Bob Subject: FW: Subject: Government Openness Date: Tue, 12 Sep 2009 15:04:13 -0400 Message-I➢:<001)bOlc6d69e$3cea6950$640laSCO®morris> MIME -Version: 1.0 Content -Type: text/plain; chareet="us-ascii" Content -Transfer -Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook, Build 10.0.2627 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2962 Importance: Normal Please place on the agenda - Thank you -----Original Message ----- From: Sent: Frida Be comber 08 2006 10:04 PM To: Subject: Su 7ect: Government Openness Below is the result of your feedback form. It was submitted by: Helen Pettingill on Friday, September a, 2006 at 22:04:04 ------------------------------------------------------------------------ address:' telephone: comments: Dear Phyllis, I read about you in the National Post today. I'm just letting you know that I support your desire to allow clotheslines in homeowner's backyards. It's insane that a developer can forbid them. Modern day housing developments are ten times more hideous than any clotheslines I have ever seen. In this day & age when it's becoming more important than ever to encourage people to conserve electricity, people should be encouraged to use them. If anything, they should be mandatory from May to September. No one will ever stop me from using mine. There's nothing more natural than drying clothes in the fresh air. And it's free! Good luck with this issue. The town is lucky to have you standing up for what's right. Helen Pettingill Panizza, Bob From: Phyllis Morris Sent: Tuesday, September 12, 2006 3:06 PM To: Panizza, Bob Subject: FW: Support for'Right to Dry' Please place on the agenda - Thank you -----original Message ----- From: Noreen Stevens Ben Be tember 09 2006 1:54 PM To: Subject: Support for 'Right to Dry' near Phyllis ... I read about the anti -clothesline movement in your community in today's Winnipeg Free Press. Although I've heard about such restrictions before when the arrangment is framed against environmental concerns and power shortages it strikes me almost immoral. Thankfully, I have the privilege (though I never thought of it that way before) of both a dryer and a clothesline. My fridge and stove date from the early 509. I often wonder if keeping them out of the landfill trumps their energy consumption. My dishwasher, however, is Energy Star rated. I do the dishes by hand, you see. I am an Ontario native transplanted to Manitoba. If all else fails you might consider relocating out West where common sense prevails and laundry still hangs on the line just about everywhere. Kind regards, Noreen Stevens Panizza, Bob From: Phyllis Morri Sent: Tuesday, September 12, 2006 3:24 PM To: Panizza, Bob Subject: FW: Bravol Please place on the agenda -----Original Message ---- From: Carl Ouivenvoorden 2006 10:01 AM To Subject: Bravo! Good morning. I read on cbc.ca about your campaign In support of clotheslines Hats off to you for championing the issue. A clothesline Is the simplest way to harness solar energy, and Its an easy way to lessen the use of one of the most energy -intensive appliances in a home. To me, there's something Inherently illogical about burning fossil fuels in a power plant down the road to dry clothes when it's 30 degrees Celsius outside. As well, few people with air conditioned homes probably realize the added load a dryer puts on their AC system because of the heat it throws off- further adding to power consumption and emissions. Way to go, and good luck to you in your campaign, Carl Ouivenvoorden 9/12/2006 Panizza, Bob From: P Morris - Sent: Tuesday, September 12, 2006 3:28 PM To: Panl=, Bob Subject: Motlon for the agendatonight -----Original Message ----- From: Ben Thuredav, Au ust 31 2006 11:43 AN To: Subject: Subject: Other Below is the result of your feedback form. It was submitted by: David weir on Thursday, August 31, 2006 at 11:43:24 -------------------------- _------ _______________________________________ address: New Maryland, New Brunswick telephone: comments: Hello, I recently read an article on CBC's website about your intention to challenge restrictive covenants restricting clothes lines. Even though I am not even close to being in your community, I wanted to express my support for this intiative. Clothes lines are a simple and effective way that moat people can contribute to the fight to protect the environment and reduce pollution and greenhouse gases. On top of it you can save money and very little beats the smell of clothes of the line. Beat of luck. Hopefully the fight will spread. Panizza, Bob From: P Morris - Sent: Tuesday, September 12, 2006 3:29 PM To: Panizza, Bob Subject: Agenda item for tonight Please place on the agenda -----original Message ----- From: cornelia.penner Sent To: Subject: Subject: Other Below is the result of your feedback form. It was submitted by: Cornelia Penner on Thursday, August 31, 2006 at 1L:29:02 ---------------------------------------------------------------- address: Montreal, Quebec comments: Hello, I have heard about your campaign to protect the rights of people to hang their laundry to dry outside, and although I do not live in your region I was pleased to hear about what you're doing. The use of clotheslines to dry laundry is energy efficient and does not harm anyone. It should be promoted and encouraged rather than outlawed. Keep up the good works Cornelia Penner Panizza, Bob From: Phyllis Morris Sent: Tuesday, September 12, 2006 3:31 PM To: Panina, Bob Subject: FW: Laundry Line >Please place on the agenda > -----Original Message----- * From: > Sent: Thursda An st 31 2006 12:25 AM > To: > sub ec ace y ne a > Dear Ms Morris > I read with interest the news report online regarding "right to dry". > It is a new age battle that needs to be fought and won. The unfortunate argument > in the name of aesthetics should be tossed back in the faces of > proponents who occupy, probably, houses of little or no aesthetic > quality, but who wish to guard their drab gated communities from public > airing of garments. Yet, they will travel to far flung places and "ooh" > and "abh" over aesthetics and permanence and good design, when right > above their heads, or strewn from every window are peoples' smalls and > bedclothes. > http://traval.webshots. com/photo/2596010fi6/125970995304 a604110Ho%HNq > I wish you every success in your fight. > Hest regards > Malcolm Dunn Panizza, Bob From: P MORIS Sent: Tuesday, September M To: Panina, Bob Subject: Agenda item for tonight -----Original message ----- From: c. burden Below is the result of your feedback form. It was submitted by: C. Burden on Wednesday, August 30, 2006 at 18:34:36 ------------------------------------------------------------------------ address: Hamlton, Ontario comments: I just read an article on the CBC website about your thoughts on laundry lines and I applaud you[ I live on the mountain in the city of Hamilton and luckily there is no such law in my survey. Nothing smells better than the sheets that I just took off the line and put on my bed; besides I am saving energy and working off the pounds with the added exercise. Keep up your fights. Panizza, Bob From: Phyllis Morris Sent: Tuesday, September 12, 2006 3:00 PM To: Panlzza, Bob Subject: FW: Crusader sparks clothesline revolution (6) PLEASE PLACE ON THE AGENDA- with item # 8 Crusader sparks clothesline revolution Canwest News Service Friday, September 8, 2006 Byline: Peter Kuitenbrouwer Dateline: AURORA, Ont. Source: CanWest News Service; National Post Summary: Eds: Corrects description of Shropshire to county in second graph. AURORA, Ont. - Phyllis Morris, deputy mayor of this bedroom community of 50,000 north of Toronto, has learned the limits of her power: she can help control the destiny of her town, but she cannot have a clothesline. T haven't come from a culture where I find laundry offensive," said Morris, who grew up in the English county of Shropshire, on the Welsh border, and moved to Canada in 1983. "At least let me have the choice if it's my back yard and it's not hurting anyone." Ontario, chronically short of electricity, regularly pleads with consumers to save electricity. Moms suggested her regional government promote clotheslines instead of dryers, which draw about five per cent of the power used in the average home. But, she learned, she and most of her constituents can't have them. Subdivision developers here register restrictive covenants on the land titles, forbidding home buyers from erecting pole -to -pole clotheslines, usually for 21 years. Even the Town of Aurora banned clotheslines in one recent case. "The public must be sitting there scratching their heads saying, 'If we are so committed to Kyoto, why are we permitting developers to ban washing linesT " Morris said. Her crusade is gaining fans across ttiis fast-growing region. They are linking up with a North American movement some call the "Right to Dry," which has wan some victories; state laws in Florida and Utah now protect clotheslines. And Morris showed copies of supportive a -mails from as far away as New Maryland, N.B., Montreal and Vancouver. "It's common sense to put clothes on a clothesline," said Dennis Ramsarran, a councillor in Newmarket, the next town north of Aurora. Though many in his town are forbidden to erect clotheslines, he has one, because he lives in an older area. "My dryer takes 940 kilowatt-hours," he said. "If I put my wash out on the clothesline, it dries faster, it smells better and it saves money." He wants town council to eliminate clothesline covenants. In neighbouring Markham, councillor Erin Shapero is also fighting for clotheslines. But developers are insistent: no clotheslines. "You just can't have clotheslines anywhere at all because we think they are not aesthetically desirable," said Fraser Nelson, vice-president and general manager at Metrus Development Inc. "After 25 years of restrictive covenants, I've never had one phone call from one of our tens of thousands of customers over clotheslines." His communities do permit clothes umbrellas; Morris says clothes dry more slowly on umbrellas because they don't catch wind, and opening the umbrellas is tough for people like her, who suffer from arthritis. The deputy mayor plans to bring a motion to town council Tuesday to explore the town's power to protect clotheslines, and calling on the province to overturn clothesline bans. But Tim Jones, the mayor of Aurora, insists he has no power over clotheslines. "These are restricted covenants between the builder and the purchaser," he says. "The municipality . doesn't have any jurisdiction over them." But Fraser, the developer, said that towns could enshrine the right to a clothesline in new developments if they wanted to. And Sue Seibert, Aurora's director of planning, confirmed that in one case, on the comer of Wellington Street and Bayview Avenue, the town recently drew up a subdivision agreement instructing the builder to ban clotheslines from new homes there. "This is a prominent corner at a gateway to the town where there shouldn't be structures in the rear," Seibert said. "Council maintains the ability (to ban clotheslines)." She said that although council has only stipulated 'no clotheslines' on four homes, the developer is extending the ban to the rest of the new subdivision. "Most of the developers are very concerned about the aesthetics of their developments," she said. Morris shot back, "You've got to be kidding me. Are you saying that a Tim Hortons or a Petro -Canada is more aesthetically appealing than a clothesline?" When Morris was growing up in England, she says, "I always remember clotheslines. I don't remember anything different. I was quite surprised when I came here (to Canada) that we all had tumble dryers. These energy -wasting systems have become imbedded in society, and I went along with it too." National Post 121cuitenbrouwer@nationalpost.com Iduumber: 200609080065 Story Type: News Note: Eds: Corrects description of Shropshire to county in second graph. Length: 698 words oii 1)nnn6 The article above also appeared in the following: Clothesline crusader pins hopes on support for green solutions AURORA, Ont. - Phyllis Morris, deputy mayor of this bedroom community of 50,000 north of Toronto, has learned the limits of her power: She can help control the destiny of her town, but she... Source: National Post; CanWest News Service Page: A8, Edition: Final Edmonton Journal - Fri, Sep 8, 2006 - 261 words Crusader sparks clothesline revolution: Developers outlaw hanging clothes Phyllis Morris, deputy mayor of this bedroom community of 50,000 north of Toronto, has learned the limits of her power: She can help control the destiny of her town, but she cannot have... Byline: PETER KUITENBROUWER, Source: CanWest News Service Page: Al2, Edition: Final Montreal Gazette - Fri, Sep 8, 2006 - 343 words Aurora mayor fights for'Right to Dry' AURORA, Out. -- Phyllis Morris, deputy mayor of this bedroom community of 50,000 north of Toronto, has learned the limits of her power: she can help control the destiny of her town, but she... Byline: Peter Kuitenbrouwer Page: A2 Winnipeg Free Press - Fri, Sep 8, 2006 - 322 words Crusader sparks clothesline revolution ONTARIO - Phyllis Morris, deputy mayor of Aurora, a bedroom community of 50,000 north of Toronto, has learned the limits of her power: she can help control the destiny of her town, but she... Source: The Ottawa Citizen Page: A5, Edition: Final The Ottawa Citizen - Fri, Sep 8, 2006 - 216 words 9/12/2006 ADUED ITEM AGENDA ITEM # 15 16. Recommendations Committee Meeting from September 11, 2006 Environmental Advisory Notice of Motion from Councillor Morris (NEW ITEM) Citizen Initiative to Conserve Energy and Control Escalating Energy Costs The Environmental Advisory Committee recommends: THAT the resolution from Councillor Morris regarding the Citizen Initiative to Conserve Energy and Control Escalating Energy Costs be received and endorsed; and THAT this recommendation be presented at the September 12, 2006 Council meeting for consideration. Correspondence from the World Wildlife Fund Canada (WWF) (NEW ITEM) Support of Resolution from Councillor Morris The Environmental Advisory Committee recommends: THAT the correspondence from the World Wildlife Fund Canada (WWF) Support of Resolution from Councillor Morris be received and referred to Council with the endorsement of the Citizen Initiative to Conserve Energy and Control Escalating Energy Costs; and THAT this recommendation be presented at the September 12, 2006 Council meeting for consideration. ADDED ITEM AGENDA rfEM 1 14 Panizza, Bob From: PMorri� ....._, �...._ Sent: Tuesday, September 12, 2006 12:17 AM To: Pan!=, Bob Subject: Energy Conservation Leadership ACT, 2008 Bob You might wish to have a copy of this made avallable for Councillors and staff tomorrow night - Just incase Phyllis Fran�ais � _....w._. _�_........� Energy Conservation Leadership Act, 2006 SO. 2006, CHAPTER 3 SCHEDULE A Notice of Currency:* This document is up to date. *This notice is usually current to within two business days of accessing this document. For more current amendment information, see the Table of Public Statutes — Legislative History Overview. Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 2006, c. 3, Sched. A, s. 11 (2). CONTENTS PREAMBLE I. Definitions 2. Mandatory conservation pmetices y Permissive designation of goods, services and technologies 4. Energy conservation plans @. Joint plans 6. Duty to consider energy conservation, etc. L Agreements to promote conservation, etc. I Compliance orders 9. Designation of enforcement officer a Regulations Preamble The Government of Ontario is committed to removing barriers to, and promoting opportunities for, energy conservation and to using energy efficiently in conducting its affairs. 9/12/2006 Definitions 1. In this Act, "enforcement officer" means a person designated under section 9 as an enforcement officer; ("agent d'execution") "prescribed" means prescribed by a regulation made under this Act; ("prescrit") "public agency" means a ministry of the Government of Ontario or an entity, including a municipality, or class of entities that is prescribed as a public agency. ("organisme public") 2006, c. 3, Sched. A, s. 1. Mandatory conservation practices 2. 1 The Lieutenant Governor in Council may, by regulation, require persons who are selling, leasing or otherwise transferring an interest in real property or personal property to provide such information as is prescribed in such circumstances as are prescribed. 2006, C. 3, Sched. A, s. 2 (1). Effect of non-compliance (2) A regulation may provide for consequences if a person fails to comply with a requirement established under this section, including consequences if the non-compliance occurs in the context of an activity for which a permit or other type of authorization is required under any Act. 2006, c. 3, Sched. A, s. 2 (2). Same (3) A regulation may provide for the manner in which any matters required for the purposes of subsection (2) are determined and may authorize an enforcement officer to make the determinations. 2006, c. 3, Sched. A, s. 2 (3). Notice of non-compliance (44j A regulation may provide for the manner in which notice relating to the non-compliance is given to the appropriate official for the purposes of subsection (2). 2006, c. 3, Sched. A, s.2(4). Permissive designation of goods, services and technologies 3. 1 In order to assist in the removal of barriers and to promote opportunities for energy conservation, the Lieutenant Governor in Council may, by regulation, designate goods, services and technologies. 2006, c. 3, Sched. A, s. 3 (1). Effect of designation W A person is permitted to use designated goods, services and technologies in such circumstances as may be prescribed, despite any restriction imposed at law that would otherwise prevent or restrict their use, including a restriction established by a municipal by-law, a condominium by-law, an encumbrance on real property or an agreement. 2006, C. 3, Sched. A, s. 3 (2). Same Q) A restriction imposed at law that would otherwise prevent or restrict the use of designated goods, services or technologies is inoperative. 2006, c. 3, Sched. A, s. 3 (3). 9/12/2006 Exception (4) Subsections (2) and (3) do not apply with respect to a restriction imposed by an Act or regulation. 2006, c. 3, Sched. A, s. 3 (4). Energy conservation plans 4. 1 The Lieutenant Governor in Council may, by regulation, require public agencies to prepare an annual energy conservation plan or, if the regulations so provide, an energy conservation plan respecting such other period as may be prescribed. 2006, c. 3, Sched. A, s. 4(1). Specified targets The Lieutenant Governor in Council may, by regulation, require a public agency to which subsection (1) applies to achieve prescribed energy conservation targets. 2006, c. 3, Sched. A, s. 4 (2). Contents W The plan must be prepared in accordance with such requirements as may be prescribed and must include the following information: 1. An itemized description of the public agency's significant energy -consuming technologies and operations. 2. A summary of annual energy usage for each of the public agency's technologies and operations. 3. A description of current and proposed activities and measures to conserve the energy used by the public agency's technologies and in the public agency's operations and to otherwise reduce the amount of energy used by the public agency. 4. A summary of the progress and achievements in energy conservation and other reductions described in paragraph 3 since the previous plan. 5. Such additional information as may be prescribed. 2006, c. 3, Sched. A, s.4(3). Publication M The public agency shall publish the plan in accordance with such requirements as may be prescribed. 2006, c. 3, Sched. A, s. 4 (4). Implementation W The public agency shall implement the plan and shall do so in accordance with such requirements as may be prescribed. 2006, c. 3, Sched. A, s. 4 (5). Joint plans 5. 1 Two or more persons may prepare a joint energy conservation plan and may publish and implement it jointly. 2006, c. 3, Sched. A, s. 5 (1). Effect (2) If the joint plan satisfies the requirements established under section 4, the persons are not required to prepare, publish and implement separate energy conservation plans for the same period. 2006, c. 3, Sched. A, s. 5 (2). 9/12/2006 Duty to consider energy conservation, etc. When acquiring goods and services 6. 1 The Lieutenant Governor in Council may, by regulation, require public agencies to consider energy conservation and energy efficiency in their acquisition of goods and services and to comply with such requirements as may be prescribed for that purpose. 2006, c. 3, Sched. A, s. 6 (1). When making capital investments �2) The Lieutenant Governor in Council may, by regulation, require public agencies to consider energy conservation and energy efficiency when making capital investments and to comply with such requirements as may be prescribed for that purpose. 2006, c. 3, Sched. A, s.6(2). Agreements to promote conservation, etc. 7. The Minister of Energy may enter into agreements to promote energy conservation and energy efficiency and the agreements must conform to such requirements as may be prescribed. 2006, c. 3, Sched. A, s. 7. Compliance orders "n This section applies if, in the opinion of an enforcement officer, (a) a person has contravened or failed to comply with a requirement established under this Act; or (b) a person has prevented or interfered with another person's permitted use of designated goods, services or technologies under section 3. 2006, c. 3, Sched. A, s. 8 (1). Proposal re order -W The enforcement officer may propose to order the person to cease committing an act or to perform such acts as, in the enforcement officer's opinion, are necessary to remedy the situation. 2006, c. 3, Sched. A, s. 8 (2). Notice of proposal W The enforcement officer shall give written notice of the proposed order to the person, including the reasons for the proposal, and shall also inform the person that he, she or it can request a hearing by the Ontario Energy Board about the proposed order and shall advise the person about the process for requesting the hearing. 2006, c. 3, Sched. A, s. 8 (3). Hearing requested U) If the person requests a hearing and makes the request in the prescribed manner within 15 days after receiving notice of the proposed order, the Board shall hold a hearing. 2006, c. 3, Sched. A, s. 8 (4). Energy conservation guiding objective Despite subsection 1 (1) of the Ontario Energy Board Act, 1998, for the purpose of a hearing under subsection (4), the Board shall be guided by the objective of promoting energy conservation. 2006, c. 3, Sched. A, s. 8 (5). 9/12/2006 Order of Board (6) The Board may, by order, direct the enforcement officer to carry out the proposed order or, if the Board considers the proposed order to be unreasonable, the Board may substitute its opinion for that of the enforcement officer and may, by order, direct the enforcement officer not to carry out the proposed order or direct him or her to carry it out with such changes as the Board considers appropriate. 2006, c. 3, Sched. A, s. 8 (6). Hearing not requested Q If the person does not request a hearing or does not make the request in the prescribed manner within 15 days after receiving notice of the proposed order, the enforcement officer may carry out the proposed order. 2006, c. 3, Sched. A, s. 8 (7). Court enforcement 0 The enforcement officer may file a certified copy of an order made under this section in the Superior Court of Justice and the Court may enforce the order in such manner as the Court considers just in the circumstances. 2006, c. 3, Sched. A, s. 8 (8). Designation of enforcement officer 9. The Minister of Energy may, in writing, designate one or more persons who are employed in the Ministry of Energy to act as enforcement officers for the purposes of this Act and may impose such conditions relating to the designation as the Minister considers appropriate. 2006, c. 3, Sched. A, s. 9. Regulations 10. 1 The Lieutenant Governor in Council may make regulations prescribing anything that is required or permitted to be prescribed or that is required or permitted to be done in accordance with the regulations or as provided in the regulations. 2006, c. 3, Sched. A, S. 10 (l). Classes of persons, etc. A regulation may create different classes of persons or entities and may establish different entitlements for, or relating to, each class or impose different requirements, conditions or restrictions on, or relating to, each class. 2006, c. 3, Sched. A, s. 10 (2). Scope A regulation may be general or specific in its application. 2006, c. 3, Sched. A, s. 10(3). Exemptions, etc. (4 A regulation may exempt, a class or a person or entity from a specified requirement imposed by the Act or a regulation or provide that a specified provision of the Act or a regulation does not apply to the class, person or entity. 2006, c. 3, Sched. A, s. 10 (4). 11. Omitted (provides for coming into force of provisions of this Act). 2006, C. 3, Sched. A, s. 11. 12. Omitted (enacts short title of this Act). 2006, c. 3, Sched. A, s. 12 9/12/2006 MEMO To: Mayor & Members of Council From: Councillor John West Date: September 11, 2006 Subject: Clothes Lines I read with interest the discussion re purchasers signing not to have clothes lines on their property. It jogged my memory about a similar instance when people purchased homes in Golf Glen. Not only were they not allowed any to have clothes lines, but no fences either so that it would all look open! A friend of mine purchased a house in that subdivision and after a year or so he had a dog given to him from his son. He had a fence built and was informed he could not do that as all had agreed when purchasing to comply with several restrictions, one being no fence, My friend informed his neighbour that he had a dog which he did not wish to roam and was going to finish the fence. He also stated the last time he looked at his tax bill, it had his name on it and therefore there was no by-law that prohibited him or anyone else from building a fence or hanging a clothes line! To my knowledge, the town has no such by-law, so anyone can have a clothesline and a fence if they so wish! �j Councillor John Wqsr42e� �• �� JW/ce !� To: Mayor & Members of Council From: Councillor John West Date: September 11, 2006 Subject: Mortgage Fraud Over the last couple of months I have read and watched on TV the apparent ease that mortgage frauds can take place. I have also noticed that these frauds seemed to be aimed at seniors. I have included an article from the Toronto Starwhich reveals information that in two of the three scenarios reported, that they were rentals owned by seniors. The third was a young person who lived in the house and it was sold like the others without her knowledge. I have also included letters to The Editor which I found interesting, and a News Release from the Province of Ontario, "McGuinty Government Protects Homeowners from Rea! Estate Fraud". I would ask Council to support the impending legislation this fall from the Ministry of Government Services, Province of Ontario, which will put in place a system to immediately protect all residents of Ontario from Real Estate Fraud. I would also ask that we send a letter to all members of York Region Council and ask if they have had any such frauds reported in their municipality, and that we circulate this information to the Aurora Seniors' Association. Councillor John JW/ce Encl. � bay o a Paul RevicATlearned ahe�tN tl* thei d title -fraud the har&way, when it happened to him . trayedafterhLSNorthYogkiinul over The Ontario ' gadowwas akilen frnpa<hun m g n l . t.� 9 w' , dtplan tel-ialoF�..fiten qn. a growing problem, Harold Levy writes . tlierisingwaveoftrQe_fiaud _—,-- --.�,p,�,a. .„;ard �zirx„ �,"t�r�n3• ' - 2. ... 1980 fur $57,SQ0 to geneate.a rental income that would help. pay for the education of rate- ttvesbackinHungary. The retired tobacco farmer, who came to Canada 49 years ago with his wife Ilona and his then &year old daughter Mari- etta, says he felt so strongly about his duty to help out the family he left behind that he specified in his will that the I estate enter his$heppard Ave. W. house after itwas sold without his knowled Uft this ID was - useid'lo'getthe legafprocess rolling.Io tllasale othis h omis ' `I drd notget the. pmeeede," itevlCljiysq, �- _ PreP07% Mal? — because "So I recut book to my office, ni"as the 1 gottherecordfromthecomput- where the er and showed it to hin>,"Vivian name on a power of attorney .don'thape aygtau&,m:' ofthescam Ho told the 7branto Star. "His that purported to give a grand- On May 1%'Aaron Paul Rev- "Ihadtot, face turned red and I was wor- sonnamed: AaronPaulllevicz- iczky".sold the property on his he would u ried that he was goingtobave a ky" authority to sell the home behalf for $450,000 to a pur- nancial cm heartattack" onhisbeh8l£ chaser narned'Pegman Melek-.loss ofhish Police believe Reviczky's most "I don't have a grandson nia, who took out amortgage Of _taillegalfee he 'ry Peru- ;newsto IPem'ea�' - - — `Both women "Ihaveneverretainedsolieitor expect to spend' Sheldon Caplan," fieviczky said lose his years — and money they would in a statement he prepared for iougirhe rather not spend on lawyers — his lawyer.'T do not know him Of fraud tryhrgto'sortoutthemess, and did not communicate with v recog- Reviczky had put a "torrent" him." as valid signanhispmperiyonMarehl Toronto lawyerSatwam Singh maware after the previous tenants who Rhosla, who represented the had lived there for 12 yearshad purchasers — parents who dthough gonebackto British Columbia. bought the property as an in- ceive fi- Five days Ltter, he agreed to. vestmentfortheirson—sayshis for the rent the liorne to anouple who clients are 'innocent buyers" mlden- identifu;dthemselvesas`Tiristi- who have suffered emotionally it cation nand Adam Skunk" Thev, .. , > Cooed frgmprauleas me and fnanc ,ly because of the . fraudulent. tran;aactiotq. "through absolutely no limit of. theirown," "It was a straieh5f.e4n a .M.. I_'. - Rhoda says his clients us on � police have wlll riee`d'ce the hook for' mortgage ppay "'' own(' Me. menu even though they hive„ Tbrob.Eo,la been unable to access thepipp_; ter, 'u.,ft ertybecause its legalstatuais in mortgagefr astateofilux -. - . Bevics;Ws daughter, Marietta ky case is. 'tivhile we c ReviczKy_Dobm,,who lives. in fist owner, Montana, says people like her sorryfortla father should have the title re-. cry other br ounedto them andnotleftwith.- certain that "They (the owners) have in- vested more than money in it" she says. "It is their past and their lives have been centred around it. It means more to them." the down, owner or wRhout'':E ouse re - I shows rd often Itsits in file law - out the - so, ev- aw be is the nd ti- e a du - for "Morigage fraud and other frauds relating to title are all on the rise," says Date, Steve Me- tem"e uWuwuen[s In Ins sys- _ I'm best asyou m heedinggut. Ralph Roberts, a Michigan- feelingswhereanappl cant puts basedexpertonmortgageiiaud, youoff,ardtoquestiori eff*of sayslnmgdswillnotbemadeim cash rent. 'r toburgeordagrealpropeityand "Youreaflyhavetododuedili- mortgage fraud until more gene these days," he Says. homeowners andlegglators be- .� Majoran, who cannot discuss come aware it estate, "Ibere is individual cases, saysftle-fraud not enough of a public aware- investi¢atinn="n h" ,.hallsnn- Michigan declared war against mortgage and title fraud after. FBI disclosures that mortgage fraud losses in the statejumped from almost $9 million in 2005 to $26 million in2005. MORTGAGE FRAUD :tip. Authorities should make solving;and these crimes among their highest prl Re Homeownerhorror $450,200,.alleget Aug 26. purchaser Peg With reference to the tragic story of cashed or. transi Paul Reviczky who was a victim of Reviczky if that mortgage fraud, I amboth shocked and ty? appalled at the response of the ustice [here did 4he j when I readthewords, nu Toome who is repoi was very painful" to ix even though he was an innocentvictim of fraud. In this security-consclaii%,,past 9fT1 climate, how is it possiblefor mortgage fraud. to go undetected? Flowdid the 3reventing me feeling that my privacy had been preventing; these kinds of fraudulent thoroughly invaded and my financial crhnesamongtheirhighestpriorities. " Irltles' history throughly scrutinized by my Tem Wilcox, Burlington lend%g urstitution which :checked, to.haveheenpaid dt Iu ;ahecked.and confirmed all : Re Homeowner horror ,p ran Nfeleknih get i au ofeanffdentiaipe sonakfinan- Aug.26. red to "Aaron Paul cialdetaih prior.to the purchase of the Good gdei! This is ludicrous. In order afraudulent identi- properlyandtheapprovalofthe mort- to get a DVD rental card, I had to pre - gage. Snrely, there is a paper trail or, sent photo ID and three other pieces of oney go?Ifthe state more gkly a digital trail Whvis it not identificati[m. The post office needed t gaitseize property srni�ly a case of: "follow the money?" the same; plus mortgage documents, to tate): in the gas ,of ,�mL yircrngin th'�takingthatno bank iu switch over the use- of a postbox to my rwisftthatnorec&d fhb orfrlayould simply let $337,800 namewhenImoved.Andyetthetitleto ywenfiseems%exl'st thc'eost'of the nuirtgage) ;be with- one's home can be changed by any 5raudeases?1air bii An-ortiansferredwithoutatrace? hacker with a modicum of computer. ygeasonsrealestate The;pnsstulitysufthis form offraud: skills!?rrivemeabreakThis isaperfect ditwouldseemf y shonlel strike fear°and terror in the pleofgovermnentalagencies'Rd- tsual oftlusiffini T hearYofevvry" homeowner and the jus- .�-� dung while Rome burns:' Fix this and [y own experience of tiee system and the law enforcement , fix it now. 6orthefurst.time left authorities should make. solving and Dale M. Peacock, Baysville, Ont. News Release Communique Ministry of Ministare des Government Services Services gouvernementaux For Immediate Release September 8, 2006 MCGUINTY GOVERNMENT PROTECTS HOMEOWNERS FROM REAL ESTATE FRAUD Proposed Legislation To Help Ensure Property Owners Keep Their Home After Fraud TORONTO — The McGuinty government will introduce legislation this fall that, if passed, will enhance the existing protection for Ontario families from real estate fraud. "The people of this province work hard to make a house into a home. They deserve to know that their property is secure," said Minister of Government Services Gerry Phillips. "That's why our government will introduce new legislation that helps ensure that property owners do not lose their homes as a result of real estate fraud or become responsible for fraudulent mortgages." If passed, the proposed legislation would ensure that ownership of a property cannot be lost as a result of the registration of a falsified mortgage, fraudulent sale or a counterfeit power of attorney. instead, an innocent homeowner's title will be restored to them and the fraudulent document will be nullified. The proposed legislation will also: Introduce new safeguards for suspending and revoking the accounts of fraudsters so that they cannot register documents, and Raise existing fines for real estate fraud related offences from $1,000 to $50,000. "While individual cases are of concern to me and are upsetting, I can reassure homeowners that real estate fraud is limited in comparison to the more than two million real estate transactions that occur each year in this province," Phillips noted. "However, we will continue to build on today's proposals because even one case of fraud is too many." Since the spring, the McGuinty government has: Brought together police, financial institutions, lawyers, surveyors and real estate professionals to develop tactics to combat real estate fraud, . Sought leave to intervene in a real estate fraud case before the Ontario Court of Appeal in support of an Ontario homeowner who was defrauded of her home, and Initiated a program, through the Ministry of Transportation to make driver's licences more secure and much more difficult to counterfeit. ...12 -2- Currently, homeowners in Ontario enjoy considerable protection from real estate fraud. The Land Titles Assurance Fund was created to compensate consumers for errors in the system and fraud. Consumers can also discuss with their lawyers and advisers alternative methods to protect themselves, including the merits of purchasing title insurance. Additionally, the electronic land registration system enhanced the security of the land registry by imposing increased identification requirements. "Ihe federal government also has a role to play," Phillips added. "We will work with the federal government to seek amendments to the Criminal Code to make real estate fraud a separate offence and to establish a national database of real estate fraud cases to properly combat the cross -border element of this crime." For more information or advice on how consumers can better protect themselves and their families, contact the ministry's Consumer Services Bureau at 416-326-8800 or 1-800-889-9768, or visit the ministry's website at www.mgs og v.on.ca. —30— Contacts: Paul de Zara Ciaran Ganley Minister's Office 416-327-3072 Disponible en franpais www.mgs.gov.on.ca Ministry of Government Services 416-325-8659