Agenda - General Committee - 20050517GENERAL COMM117EE
AGENDA
N0.05-13
TUESDAY, MAY 17, 2005
7:00 P.M.
COUNCIL CHAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
13/05/05
TOWN OF AURORA
GENERAL COMMITTEE MEETING
AGENDA
NO. 05-14
Tuesday, May 17, 2005
Councillor Gaertner in the Chair.
I DECLARATIONS OF PECUNIARY INTEREST
11 APPROVAL OF AGENDA
RECOMMENDED:
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented.
III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
V DELEGATIONS
(a) Mr. Brent Kopperson, Executive Director of Windfall (pg. D-1)
Ecology Centre
Re: Introduction to the Community Work that the Windfall
Ecology Centre is doing in Aurora.
(b) Ms Mary -Frances Turner, York Region Rapid Transit (pg. D-2)
Re: York Region Rapid Transit Update
(c) Mr. Michael Evans (pg. D-3)
Re: PL05-043 — Whitwell Developments Limited
(First Professional) — Item 3
(d) Mr. Dino Lombardi, Economic Development Officer (pg. D-4)
Re: 2004 - BMA Competitive Municipalities Study
General Committee Meeting No. 05-14 Page 2 of 7
Tuesday, May 17, 2005
VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
VII OTHER BUSINESS, COUNCILLORS
Vlll IN -CAMERA
Legal Matter
RECOMMENDED:
THAT this Committee proceed In -Camera to address a legal matter.
IX ADJOURNMENT
General Committee Meeting No. 05-14 Page 3 of 7
Tuesday, May 17, 2005
AGENDA ITEMS
City of Vaughan's Tree Protection By-law (pg. 1)
(Requested by Councillor Kean at General Committee -April 19, 2005)
(Deferred - May 3 General Committee Meeting)
RECOMMENDED:
THAT the Committee provide direction on this matter.
2.- ADM05-009— Acting Head of Council — Deputy Mayor (REVISED) (pg. 7)
(Deferred - May 3 General Committee Meeting)
RECOMMENDED:
THAT the Councillor appointed as the Acting Head of Council be permitted
to use the title Deputy Mayor at any time during their term and that the
person be referred to as Councillor or Deputy Mayor unless the person is
actually fulfilling the position of Acting Head of Council then at such time
they are to be referred to as Deputy Mayor; and
THAT the Procedural By-law be amended to reflect this policy as follows:.
"Deputy Mayor
4.3 The Council shall appoint by By-law the Member who received the
highest number of votes to be elected to act in the place and stead
of the Mayor when the Mayor is absent from the municipality, or is
absent through illness, or refuses to act, or the office is vacant.
Such appointee shall be known as the Deputy Mayor as well as
Councillor. The Deputy Mayor shall have all of the duties, rights,
powers and authority of the Mayor while fulfilling the role as Acting
Head of Council during such absence, refusal to act, or vacancy of
office."
3. PL05-043 — Whitwell Developments Limited (First Professional) (pg. 36)
Part of Lot 21, Concession 3
Wellington Street and Leslie Street
Official Plan and Zoning By-law Amendment Applications
Files D09-10-03 & D14-28-03
RECOMMENDED:
THAT By-law 4668-05.D, being a by-law to adopt Official Plan
Amendment Number 58 be enacted, subject to Council being satisfied that
the issues identified at the September 29, 2004 Public Planning meeting
have been adequately addressed; and
General Committee Meeting No. 05-14
Tuesday, May 17, 2005
Page 4 of 7
THAT Council determine if further notice is required to be given in respect
of the implementing Zoning By-law Amendment No. 4669-05.D in
accordance with Section 34(17) of the Planning Act; and
THAT if Council is satisfied that proper Notice has been provided in
respect of the implementing By-law No. 4669-05.D, in accordance with
Section 34(17) of the Planning Act, that the by-law be enacted.
4. PW05-008 — Award of Tender No. PW-2005-02, Supply and (pg. 88)
Delivery of Street and Regulatory Traffic Signs
RECOMMENDED:
THAT Tender No. PW-2005-02, Supply and Delivery of Street and
Regulatory traffic Signs be awarded to Scugog Signs at its tendered price
of $51,571.22 per year for three years; and
THAT Council authorize the Mayor and Municipal Clerk to execute the
attached Form of Agreement between the Town of Aurora and Scugog
Signs for the supply and delivery of various signs.
5. PW05-011 — Award of Tender No. PW2005-08 - Reconstruction (pg. 93)
of Bell Drive, Parts of Hammond Drive and George
Street from Wellington Street West to Tyler Street
RECOMMENDED:
THAT Tender No. PW2005-08 - 'Reconstruction of Bell Drive, Parts of
Hammond Drive and George Street, from Wellington Street to Tyler
Street", be awarded to Direct Underground Inc. at its tendered price of
$440,231.94;and
THAT additional funds in the amount of $155,528.90 be allocated for this
project as described in Report PW05-011; and
THAT Council authorize the Mayor and Municipal Clerk to execute the
attached Form of Agreement between the Town of Aurora and Direct
Underground Inc. for the reconstruction of Bell Drive, Parts of Hammond
Drive and George Street, from Wellington Street West to Tyler Street.
General Committee Meeting No. 05-14
Tuesday, May 17, 2005
Page 5 of 7
U
7
E
PW05-012 — Award of Tender No. PW2005-09 - Rehabilitation
of the East Section of Ridge Road
RECOMMENDED:
(pg. 107)
THAT Tender No. PW2005-09 the 'Rehabilitation of the East Section of
Ridge Road" be awarded to Miller Paving Limited at its tendered price of
$147,888.08;and
THAT additional funds in the amount of $34,899.72 be allocated for this
project as described in Report PW05-012; and
THAT Council authorize the Mayor and Municipal Clerk to execute the
attached Form of Agreement between the Town of Aurora and Miller
Paving Limited for the Rehabilitation of the east section of Ridge Road.
PW05-013 — Wellington Watermain — Bayview Avenue
to Aurora East Pumping Station
RECOMMENDED:
(pg. 114)
THAT Council authorize the Mayor and Clerk to execute the attached
Financing Agreement between the Town of Aurora and the Region of York
in relation to the design and construction of the Regional Watermain on
Wellington Street East between Bayview Avenue and the Aurora East
Pumping Station; and
THAT Council authorize the Director of Public Works to execute the
contract for the construction of this project on behalf of the Town.
CS05-016 — Proceeds From Disabled Parking Fines
1:7014191A18 100IN] :110]i
(pg. 147)
THAT Council not utilize the disabled parking fines to support mobility
initiatives: and
THAT any mobility initiative requests should be directed to the
Accessibility Advisory Committee for consideration with funding support
provided by the accessibility budget.
General Committee Meeting No. 05-14 Page 6 of 7
Tuesday, May 17, 2005
9. PL05-041 — Official Plan and Zoning By-law Amendment (pg. 152)
Applications, S&R Hardware Ltd.
289 Wellington Street East
File D09-01-05, D14-03-05
RECOMMENDED:
THAT Council receive as information the following overview of Official
Plan Amendment Application D09-01-05 and Zoning By-law Amendment
Application D14-03-05; and
THAT Council sponsor the Official Plan and Zoning By-law Amendment
Applications (Files: D09-01-05 & D14-03-05) scheduled for the June 29,
2005 Public Planning Meeting.
10. PL05-044 — Subdivision Application (pg. 157)
Town of Aurora
Part of Lot 19, Concession III
15059 Leslie Street
File D12-05-1A
Related Zoning By-law Amendment File: D14-05-04
RECOMMENDED:
THAT Council receive as information the following overview of Subdivision
Application Number D12-05-1A, scheduled for the June 29, 2004 Public
Planning Meeting.
11. PL05-045 — Planning Applications Status List
RECOMMENDED:
(pg. 162)
THAT the Planning Applications Status List be received as information;
THAT notice be provided to Hannelore Lewis applications D09-04-02 and
D14-13-02 advising that servicing allocation associated with the inactive
development application will be removed;
THAT staff report further respecting applications D14-04-96 (Sharp
Fashions) and D11-06-99 (McGrath) and means of ensuring that if
servicing allocation is not granted or removed from these developments
building permits can not be issued.
General Committee Meeting No. 05-14
Tuesday, May 17, 2005
Page 7 of 7
12. TR05-022 —Financial System Implementation Update (pg. 197)
RECOMMENDED:
THAT the Financial Information System (FIS) Implementation Update
Report be received for information.
13. LS05-029 — Purchase of Turn Maintenance Equipment• (pg. 210)
R.F.Q. L.S2005-25
RECOMMENDED:
THAT Council accept the Quotation received from B.E. Larkin Equipment
Ltd. in the amount of $38,850.00 for supply and delivery of Three (3) 2005
Kubota Zero Turn Mowers.
14. Memo from the Deputy Treasurer/Tax Collector (pg. 214)
Re: Deferral of Report TR05-011 - "New Recreation Complex
- Approval to Issue Debentures" to the General Committee
Meeting on May 17, 2005 for a staff report.
RECOMMENDED:
THAT the memo from the Deputy Treasurer/Tax Collector be received for
information.
9058535107
GENERALCOMMITTEE - MAY 17, 2005
Delegation (a)
*Windfall
To: Bob Panizza From: Christina Alcom
Fax; 905-728-4732
Phone:
Pages: 1
Date: May 4"
Re: Request for Delegation CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
Good morning Bob,
Brent Kopperson, Executive Director of Windfall Ecology Centre would like to make a delegation
to Council on Tuesday May 17th at 7:00pm.
Brent Kopperson will introduce Council to the community work the Windfall Ecology Centre is doing
In Aurora. The Windfall Ecology Centre is the York Region environmental organization that is
coordinating One -Tonne Challenge activities on behalf of the federal government Windfall is also
engaged in utility scale wind energy projects and energy conservation programs at the residential level.
Mr. Kopperson will need access to an LCD projector, and will have hand-out available for all members
of Council and Senior Staff.
Contact information for Brent Kopperson
Phone: (905) 895-1926
E-mail: brentCMwindfallcentre.ca
Address: 500 Water Street
Newmarket, ONT
L3Y 1 M5
Please advise on status of request and advise if anything else is needed. For additional information on
Windfall programming or the One -Tonne Challenge please visit www.windfallcentre.ca
Sincerely, i�
�Christin/aAicom -MA, l COI�CD(N1 L h11Y1 �TA�� C♦ ji'� fQ t i�
0 I /IGIL lR.,�.:1 :� ����rt� 0 e 500 Water Street • Newmarket Ontario • Canada • UY 1 M5
'�Z U �L, 1�LJ5+-t '_ 905.895.1926 • www,windfallcentre.ca
D - 1
NERAL ,COMM I TTPP — MnY 1-1 Inns Delegation (b)
From:
Ewart, Karen
Sent:
April 26, 2005 8:48 AM
To:
Eastwood, Carrie
Subject:
FW: Conection to Confirmation of Presenlion to Committee as a Whole
—0 "innl
From:
Sent: ondayApnt25I2005&1oPffT
To: Ewart, Karen
Subject: Correction to Confirmation of Presention to Committee as a Whole
Please note Karen, that it will in fact be Mary -Frances Turner that will be making thispresemation to the
Committee As a Whole on May i7th at 7pm.
Thanks,
Yetti
Eastwood, Carrie
From:
Ewart, Karen
Sent:
April 26, 2005 8:48 AM
To:
Sherin, Judy; Betes-Denney, Karen
Cc:
Eastwood, Carrie; Panlz a, Bob
Subject:
FW: Confirmation of the Committee of the Whole Meeting
Sent: Monday, April 25, 2oo5 6: o3 PM
To: Ewart, Karen
Subject: Confirmation of the Committee of the Whole Meeting
Hi,
I would like to confirm that Dan Miles from York Region Rapid Transit Corporation will be making a
presentation to the Committee of the Whole Meeting on May i7th @ 7pm. I will forward the copies of the
presentation prior to the meeting. We will need you to provide a computer and projector: Thanks so much.
Regards,
Yetti Williams
Associate Director, Communications
York Region Rapid Transit Plan
a West Pearce Street, 6th floor
Richmond Hill, ONL4B3K3
905 886-6767 ext 2234
D-2
GENERAL COMM I TfIfIl TRUE U � Ue H2605 FAX 905-727-137490
M Delegation (c)
Aurora .;&W-7/ice. F-a
15 236 Yonga Street
Aurora, ONT L4G 1L9
Phone: 905-727.1373 . Fax: 905-727-1374
A (C-HI4 &,/-, F'Ufi
D - 3
GENERAL COMMITTEE — MAY 17, 2005
Delegation (d)
A, . •
EXTRACT FROM COUNCIL MEETING NO. 05-16
HELD ON TUESDAY, APRIL 12, 2005
3. EDAC05-03 — March 23, 2005 Economic Development Advisory Committee
Meeting
Moved by Councillor Vrancic Seconded by Councillor Wallace
4. ADM05-007 - The 2004 BMA Municipal Competitiveness Study — An Overview
from the Town of Aurora's Perspective
THAT the Economic Development Advisory Committee receive Report ADM05-
007, dated March 23, 2005, as prepared by BMA Management Consulting Inc.,
which provided an overview of the 2004 Municipal Competitiveness Study.; and
THAT the Economic Development Advisory Committee direct the Economic
Development Officer to present Report ADM05-007 to Council at a meeting in
late April or early May, 2005.
GENERAL COMMITTEE - MAY 17, 2005 AGENDA ITE1
EXTRACT FROM GENERAL COMMITTEE MEETING NO. 05-12
HELD ON TUESDAY, MAY 312005 & ADOPTED BY COUNCIL ON
MAY 10, 2005
1. City of Vaughan's Tree Protection By-law
(Requested by Councillor Kean at General Committee - April 19, 2005)
Genera! Committee recommends:
THAT consideration of the City of Vaughan's Tree Protection By-law be deferred
to the May 17, 2005 General Committee meeting.
CARRIED
-1-
GENERAL COMMITTEE — MAY 17, 2005
AGENDA, A
AuitoRA
EXTRACT FROM GENERAL COMMITTEE MEETING NO. 05-11
HELD ON TUESDAY, APRIL 19, 2005 & ADOPTED BY COUNCIL
ON APRIL 26, 2005
Vll OTHER BUSINESS, COUNCILLORS
Councillor Kean requested that staff bring back a copy of the City of Vaughan's Tree
Protection By-law to the next General Committee meeting to be held on May 3, 2005.
—2—
GENERAL COMMITTEE - MAY 17, 2005
THE CITY OF VA UGHAN
BY-LAW
BY-LAW NUMBER 95-2005
A by-law to protect trees located on public property in the City of Vaughan.
WHEREAS section 8 of the Municipal Act, 2001, 8.0.2001, c.25 (the "Municipal Act, 2001") provides that a
municipality has the capacity, rights, powers and privileges of a natural person forthe purpose of exercising its
authority under the Municipal Act, 2001;
AND WHEREAS section 9(1) of the Municipal Act, 2001 provides that section 8 shall be Interpreted broadly so
as to confer broad authority on municipalities (a) to enable them to govern their affairs as they consider
appropriate; and (b) to enhance their ability to respond to municipal Issues;
AND WHEREAS section 135 of the Municipal Act, 2001 provides that a local municipality may prohibit or
regulate the destruction or injuring of trees;
AND WHEREAS section 427(1) of the Municipal Act, 2001 provides that if a municipality has authority by by-
law or otherwise to direct or require that a matter or thing be done, the municipality may, in the same or
another by-law direct that, in default of It being done by the person directed or required to do it, such matter or
thing shall. be done at the person's expense;
AND WHEREAS section 427(3) of the Municipal Act, 2001 provides that the municipality may recover the
casts of doing a thing or matter under section 427(1) from the person directed or required to do it and the
municipality may recover the costs by action or by adding the costs to the tax roll and collecting them in the
same manner as taxes;
AND W HEREAS the Council of the Corporation of the Clty of Vaughan deems it expedient to pass a by-law to
protect trees located on public property in the City of Vaughan;
NOW THEREFORE the Council of the Corporation of the City of Vaughan enacts as follows:
SHORT TITLE
1. This by-law shall be known and may be cited as the "Public Property Tree Protection By-law".
DEFINITIONS
2. In this by-law,
a) "City' means The Corporation of the City of Vaughan;
b) "Director" means the City's Director of Parks and shall include his or her designate;
c) "Person" includes an individual, partnership, association, firm, corporation, business, club,
group, organization, or other entity, but specifically excludes the City;
d) "Public Property" means any land awned by the City;
e) "Tree" and "Trees" includes woody vegetation.
-3-
GENERAL COMMITTEE - MAY 17, 2005
3. No Person shall door cause or permit to be done, any of the following:
a) Abuse, attach, burn, out down, carve, damage, destroy, injure, paint, paste, peel, prune, pull
up, remove, scrape, tack, top, transplant or trim all or any part of a Tree that is located on
Public Properly.
b) Attach any object to all or any part of a Tree that is located on Public Property including,
without limiting the generality of the foregoing, a birdhouse, cable, light, nail, poster, rope,
sign, twine, wire or other contrivance.
c) Pour any substance that will injure a Tree that is located on Public Property within the drip
line of the Tree, being the area at the outer edge of the spread of the Tree's branches.
REGIONAL BY-LAW
4. In accordance with section 135(4) of the Municipal Act, 2001, in the event that an upper -tier
municipality by-law in respect of woodlands is in effect in the City of Vaughan, then this by-law is
inoperative to the extent that it applies to Trees in the designated woodlands in such upper -tier
by-law.
EXEMPTION FROM BY-LAW
5. In accordance with section 135(12) of the Municipal Act, 2001, this by-law does not apply
to:
a)
activities or matters undertaken by a municipality or a local board of a municipality;
b)
activities or matters undertaken under a licence issued under the Crown Forest
Sustainability Act, 1994;
c)
the injuring or destruction of trees by a person licensed under the Surveyors Act to
engage in the practice of cadastral surveying or his or her agent, while making a
survey;
d)
the injuring or destruction of trees imposed after December 31, 2002 ass condition
to the approval of a site plan, a plan of subdivision or a consent under section 41, 51
or 53, respectively, of the Planning Actor as a requirement of a site plan agreement
or subdivision agreement entered into under those sections;
e)
the injuring or destruction of trees imposed after December 31, 2002 as a condition
to a development permit authorized by regulation made under section 70.2 of the
Planning Act or as a requirement of an agreement entered into under the regulation;
f)
the Injuring or destruction of trees by a transmitter or distributor, as those terms are
defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and
maintaining a transmission system or a distribution system, as those terms are
defined in that section;
GENERAL COMMITTEE - MAY 17, 2005
g) the injuring or destruction of trees undertaken on land described in a licence fora pit
or quarry or a permit for a wayside pit or wayside quarry Issued under the Aggregate
Resources Act; or
h) the injuring or destruction of trees undertaken on land In order to lawfully establish
and operate or enlarge any pit or quarry on land,
i) that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
ii) on which a pit or quarry is a permitted land use under a by-law passed under
section 34 of the Planning Act.
REMEDIAL ACTION AND RECOVERY OF EXPENSES
6. a) When the City becomes aware of a contravention of this by-law by any Person, the City may
give notice In writing to the Person to rectify and remedy the contravention and to restore the
Public Property to its former condition at the expense of the Person.
b) In the event that the notice In section 6(a) is not complied with by the Person within the time
period stipulated in the notice, then the City may take such action as is necessary to rectify
and remedy the contravention of this by-law and to restore the Pubic Property to its former
condition at the expense of the Person, and the City may send an Invoice to the Person of
the expenses incurred by the City thereto. In the event of failure to pay the entire invoice
amount within thirty (30) days of the date of the invoice, at the discretion of the City, the
outstanding balance of the Invoice may be added to the tax roll of the Person's property as
municipal taxes and collected in the same manner as municipal taxes.
c) The City may also recover all expenses owing under this by-law by a court action as a debt
due to the City.
OFFENCE
7. Every Person who contravenes this by-law is guilty of an offence and on conviction is liable:
a) on a first conviction, to a fine of not more than $10,000 or $1,000 per Tree,
whichever is greater; and
b) on any subsequent conviction, to a fine of not more than$26,000 or$2,500 per Tree,
whichever Is greater.
8. Despite section 7, where the Person convicted is a corporation:
a) the maximum fines in section 7(a) are $50,000 or $5,000 per Tree; and
b) the maximum fines in section 7(b) are $100,000 or $10,000 per Tree.
9. If a Person is convicted of an offence for contravening this by-law, the court in which the
conviction has been entered, and any court of competent jurisdiction thereafter, may order
the Person to rehabilitate the Public Property or to plant or replant Trees in such manner and
within such period as the court considers appropriate, including any silvicultural treatment
necessary to re-establish the Trees.
-5-
GENERAL COMMITTEE - MAY 17, 2005
GENERAL
10. In this by-law, unless the context otherwise requires, words in the singular number shall
include the plural, and words in them ascullne gender shall include the feminine, and further,
the converse of the foregoing also applies where the context so requires.
SEVERABILITY
11. In the event that a court of competent Jurlsdicticn declares any section or part of a section of
this by-law to be invalid or to be no force and effect, it is the intention of Council in enacting
this by-law that the remainder of this By-law shall continue in force and be applied and
enforced in accordance with its terms to the fullest extent possible according to law.
READ a FIRST, SECOND and THIRD time and finally passed this 1 i1 day of April, 2005.
Michael DI Blase, Mayor
J, D. Leach, City Clerk
GENERAL COMMITTEE - MAY 17, 2005
AGENDA I
2.
EXTRACT FROM GENERAL COMMITTEE MEETING NO. 05-12
HELD ON TUESDAY, MAY 3, 2005 & ADOPTED BY COUNCIL ON
MAY 10, 2005
ADM05-009— Acting Head of Council — Deputy Mayor
Upon approval of the agenda, Report ADM05-009 — Acting Head of Council — Deputy
Mayor, was deferred to the May 17, 2005 General Committee meeting.
-7-
GENERAL COMMITTEE - MAY 17, 2005
-TOWNOF -•
GENERAL COMMITTEE No. ADM05-01
SUBJECT: Acting Head of Councii -Deputy Mayor (Revised)
FROM; John S. Rogers, CAO
DATE: May 17, 2005
RECOMMENDATIONS
THAT the Councillor appointed as the Acting Head of Council be
permitted to use the title Deputy Mayor at any time during their term and
that the person be referred to as Councillor or Deputy Mayor unless the
person Is actually fulfilling the position of Acting Head of Council then at
such time they are to be referred to as Deputy Mayor; and
THAT the Procedural By-law be amended to reflect this policy as
follows:.
"Deputy Mayor
4.3 The Council shall appoint by By-law the Member who received the
highest number of votes to be elected to act in the place and stead
of the Mayor when the Mayor is absent from the municipality, or is
absent through illness, or refuses to act, or the office is vacant.
Such appointee shall be known as the Deputy Mayor as well as
Councillor, The Deputy Mayor shall have all of the duties, rights,
powers and authority of the Mayor while fulfilling the role as
Acting Head of Council during such absence, refusal to act, or
vacancy of office."
Procedural By -Law 4280-01.0 states:
WE
GENERAL COMMITTEE - MAY 17, 2005
May 3, 2006 - 2 - Report No. ADM05-009
"Deputy Mayor
4.4 The Council shall appoint by By-law the Memberwho received the highest number
of votes to be elected to act in the place and stead of the Mayor when the Mayor is
absent from the municipality, or is absent through illness, or refuses to act, or his
office is vacant. Such appointee shall be known as the Deputy Mayor and
shall have all of the duties, rights, powers and authority of the Mayor during such
absence, refusal to act, or vacancy of office."
A copy of Section 4 of the By-law is attached as Appendix 1 to this Report.
By-law 4490-03.0 states:
1. That Councillor Phyllis Morris be and the same is hereby appointed as Acting Head of
Council (DeputyMayor) to act from time to time in place of Mayor Tim Jones:....°
A copy of the By-law is attached as Appendix 2 to this Report.
Municipal Act, 2001 S.O. 2001, c.25 states:
" 242. A municipality may by by-law or resolution appoint a member of the council to
act in the place of the head of council when the head of council is absent or refuses to
act or the office is vacant and while so acting such member has all the powers and
duties of the head of council. "
(emphasis added)
It has come to Staffs attention that there is some confusion with respect to the proper
protocol to be used in the description of Councillor Morris as it relates to her position as
Acting Head of Council or Deputy Mayor. The By-laws and the Municipal Act clearly
establish that the power of the Deputy Mayor only takes effect when the Mayor is unable or
unwilling to act. The confusion is as to whether the person who is appointed Acting Head of
Council should be referred to as Deputy Mayor only when they are acting in that capacity or
are they to be referred to as Deputy Mayor during anytime during their term on Council.
It would seem fair that the Councillor who has garnered the highest number of votes should
be referred to as Deputy Mayor during their whole term. It is an honour and an obligation
that should not be taken lightly and therefore appropriate recognition should be afforded to
that Councillor.
Appendix 3 is a summary of information received from other local municipalities in the
Region of York regarding Deputy Mayor appointment and responsibilities.
ME
GENERAL COMMITTEE — MAY 17, 2005
Max 3, 2005 .3- Report No. ADM05-009
OPTIONS
Council can either require the title to be used during the time the Councillor is actually
fulfilling the role as Acting Head of Council or they can allow the title of Deputy Mayor to be
used by the incumbent during the entire term of Council.
FINANCIAL IMPLICATIONS
There are no financial implications.
CONCLUSIONS
Staff would appreciate direction from Council in this matter.
LINK TO STRATEGIC PLAN
A clear direction will allow the goal of promoting accessible municipal government to be
assisted in that the citizens of the Town will have a clear protocol to follow.
ATTACHMENTS
Appendix 1 — Section 4 Procedural By-law
Appendix 2 — By-law 4490-03.0
Appendix 3 — Responsibility of Deputy Mayor in Surrounding Municipalities
PRE -SUBMISSION REVIEVII
Management Team — April 27`h, 2005
Prepared by: John S. Rogers CA Ext4744
Jo1fn S. Rogers
Chief Administrative Officer
—10—
GENERAL COMMITTEE — MAY 17, 2005 APPENDIX
Section 4 - Conduct of Meetings
Duties of the Chair
4.1 The Chair of every Council meeting shall be the Mayor. In the absence or
unavailability of the Mayor, the Chair shall be the Deputy Mayor. In the absence
or unavailability of the Mayor and Deputy Mayor, the Chair shall be selected by
those members of Council being present.
4.2 It shall be the duty of the Chair:
(a) To open the meeting of the Council by taking the Chair, and calling the
meeting to order. If the Mayor is the Chair, he/she shall wear the Mayor's
Chain of Office;
(b) To announce the business before the Council in accordance with the
Agenda;
(c) To receive and submit to a vote, in the proper manner, all motions which
do not contravene the rules and regulations of the Council and to declare
the results of the vote, except where a recorded vote is called for;
(d) To decline to put to a vote motions which infringe upon the rules of
procedure;
(e) To restrain the Members, within the rules of procedure, when engaged in
debate;
(f) To enforce on all occasions the observance of order and decorum among
the Members and the provisions of this By-law;
(g) To authenticate, by his/her signature when necessary, all By-laws,
resolutions and minutes of the Council;
(h) To inform the Members on any point of order; and
(1) To adjourn the meeting without the question being put or to suspend or
recess the sitting for a time to be named, if it is considered necessary by
virtue of a grave disorder or other disruption arising in the course of the
meeting.
Deputy Mayor
4.3 The Council shall appoint by By-law the Member who received the highest
number of votes to be elected to act in the place and stead of the Mayor when
the Mayor is absent from the municipality, or is absent through illness, or
refuses to act, or his office is vacant. Such appointee shall be known as the
Deputy Mayor and shall have all of the duties, rights, powers and authority of
the Mayor during such absence, refusal to act, or vacancy of office.
—11—
GENERAL COMMITTEE — MAY 17, 2005
Conduct of Members
4.4 No Member shall:
(a) Use offensive words or unparliamentary language in or against the
Council or against any Member;
(b) Speak on any subject other than the subject in debate;
(c) Criticize any decision of the Council except for the purpose of moving that
the question be reconsidered;
(d) Disobey the rules of procedure of the Council or a decision of the Chair or
of the Council on questions of order or practice or upon the interpretation
of the rules of the Council. Where a Member persists in any such
disobedience after having been called to order by the Chair, the Chair
may order that such Member leave his/her seat for the duration of the
meeting of the Council, but if the Member apologizes he/she shall be
permitted to retake his/her seat.
Imorooer Conduct
4.5 (a) Improper conduct shall be deemed to exist where any person breaches
the rules of procedure or interrupts the proceedings of Council such that
continuation of the meeting is rendered difficult or impossible.
(b) Where a person has, in the opinion of the Chair, been guilty of improper
conduct at any meeting the Chair may expel or exclude any such person
from the meeting.
(c) In order to expel or exclude such person, the Chair may require the
security personnel for the Town or such other persons as are present to
take such reasonable measures as are necessary to exclude or expel the
person whose conduct has been improper and such measures may
include involving police assistance.
Suspension of Procedural Requirements
4.6 Except as provided herein, the provisions of this By-law shall be observed in all
proceedings of Council and its Committees, provided that the rules and
regulations contained herein may be suspended by a two-thirds majorityvote of
all of the Members. Upon suspension, the new procedure to be followed shall
be determined by a majority vote of the Members present.
Statutory Hearings
4.7 Hearings required by statute shall be undertaken in accordance with the
prescription and procedure outlined in the relevant statute or as otherwise
directed by law.
—12—
GENERAL COMMITTEE — MAY 17, 2005
Rules of Order
4.8 In all circumstances in the proceedings of the Council or in Committee not
provided for in this By-law, resort shall be had to Robert's Rules of Order as a
rule for guidance on the question, and in such cases, the decision of the Chair
shall be final and acquiesced in without debate.
Conflicts and Disclosures of Interest
4.9 All Members of Council and its Committees shall govern themselves in
accordance with the requirements of applicable conflict or disclosure of interest
legislation with respect to matters noted therein, including disclosures of
pecuniary interests, receipt of gifts, recompense or other benefit not in
accordance with applicable law and attempts to use information gathered
through the Council or Committee process for personal financial gain, where
such information is not generally available to members of the public.
Section 5 - Rules of Debate
Debate
5.1 (a) Every Memberwho wishes to speak to any motion shall raise his/her hand
to be recognized by the Chair and, upon being recognized, shall address
the Chair;
(b) When two or more Members indicate that they desire to speak, the Chair
shall recognize the Member who first indicated his or her desire to speak;
(c) Members shall remain seated at all times during the meeting exceptthat a
motion, which requires no seconder, may be made that any Member who
has risen "BE NOW HEARD". When the Chair calls for the vote on such
a motion, each Member shall occupy his/her seat and shall remain in their
place until the result of the vote has been declared, and during such time
no Member shall rise or speak to any other Member or make any noise or
disturbance. No Member shall speak to the motion nor shall any other
motion be made until after the vote is taken and the result has been
declared;
(d) When a Member is speaking, no Member shall interrupt the speaker
except to raise a question of privilege, appeal from the decision of the
Chair, raise a point of order or move reconsideration;
(e) Any Member may require a motion under discussion to be read at any
time during the debate but not so as to interrupt a Memberwhile speaking;
(f) No Member shall speak more than twice to the same motion without leave
of the Council, except that a reply shall be allowed to be made only by the
Member who has presented the motion to the Council;
(g) No Member, without leave of the Council, shall speak to the same motion,
or in reply, for longer than thirty (30) minutes;
a —13—
GENERAL COMMITTEE - MAY 17, 2005
APPENDIX 2
Date: 02/10/2004
Time: 04:04 PM
Created by: Cindy Townsend
Created date: 02/10/2004 03:44:26 PM
Last Modified: 02/10/2004 04:04 PM
Last modified by: Cindy Townsend
Document
IV
THE CORPORATION OF THE TOWN OFAURORA
By-law Number 4490-03. C
BEING A BY-LAW to appoint an Acting Head of Council
(Deputy Mayor)
WHEREAS the provisions of section 242 of the Municipal Act 2001, provide that
Council may appoint a member of Council to act in the place of the Head of Council
when the Head of Council is absent or refuses to act or the office is vacant, and
while so acting such member has all the powers and duties of the Head of Council;
WHEREAS The Procedural By-law 4280-01.0 as amended provides that the
Councillor who has received the highest number of votes, be appointed Deputy
Mayor;
AND WHEREAS the Council of the Corporation of the Town of Aurora deems it
expedient to appoint Phyllis Morris as Acting Head of Council;
NOW THEREFORE the Council of the Corporation of the Town of Aurora ENACTS
AS FOLLOWS:
1. That Councillor Phyllis Morris be and is hereby appointed as Acting Head of
Council (Deputy Mayor) to act from time to time in place of Mayor Tim Jones:
(a) upon the request of the Mayor, when he is absent;
(b) when the Mayor refuses to act or carry out his responsibilities as defined in the
Municipal Act;
(c) if the Office of the Mayor is vacant; and
(d) if corporate documents as directed by Council and defined by the Chief
Administrative Officer and/or Director of Corporate Services require to be urgently
executed.
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GENERAL COMMITTEE - MAY 17, 2005
Page 2 of
2. That By-law 4243-OO.0 is hereby repealed.
READ A FIRST AND SECOND TIME THIS 16TH DAY OF DECEMBER, 2003.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF DECEMBER,
2003.
JONES, MAYOR B. PANIZZA, TOWN CLERK
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GENERAL COMMITTEE — MAY 17, 2005
APPENDIX 3
Responsibility of Deputy Mayor in
Surrounding Municipalities
TOWN OF MARKHAM
Procedural By-law only
3.5 Absence of the Mayor
In the absence of the Mayor, the Deputy Mayor shall take the chair and in
the absence of both of them, the Members present shall elect a Chair for
the meeting.
(See attachment 1)
CITY OF VAUGHAN
Appointment By-law
....the appointment of a member of council to act in the place of the Head of
Council when the Mayor is absent or refuses to act or the office is vacant....
....the Regional Councillor who received the third highest number of votes at the
last municipal election be and is hereby appointed to act from time to time in the
place and stead of the Head of Council in any of the following circumstances:
a. when the Head of Council is absent from the municipality or refuses to act;
b. when the Head of Council is absent due to illness; or
c. when the Office of the Head of Council is vacant.
2. While so acting, the said Regional Councillor shall have and may exercise
all the rights, powers and authority of the Head of Council.
(See attachment 2)
Procedural By-law
4.4 Absence of the Mayor
In the absence of the Mayor, the Senior Regional and Local Councillor
shall take the chair and in his/her absence, the other Regional and Local
Councillor shall take the chair and in the absence of all of them, the
Members present shall elect a Chair of the meeting.
(See attachment 3)
—16—
GENERAL COMMITTEE — MAY 17, 2005
TOWN OF NEWMARKET
Procedural By-law only
14. Chair of the Meeting
a) The Chair of a meeting of Council or Committee of the Whole shall
be the Mayor. In the absence of the Mayor, the Regional Councillor
shall be the Chair of the meeting. In the absence of both the Mayor
and the Regional Councillor, the Council or Committee of the
Whole shall appoint another of its Members to act as Chair of the
meeting.
(See attachment 4)
TOWN OF RICHMOND HILL
Appointment By-law
(See attachment 5)
1
Procedural By-law
38.2.7.1 Deputy Mayor— defined
"Deputy Mayor' means the member of Council who has been appointed to act in
the place or stead of the Mayor in the absence or incapacity of the Mayor. By-
law 246-00, 16 October, 2000
(See attachment 6)
38.2.15 Presiding Officer - defined
"Presiding Officer" means the Mayor or in his absence the Deputy Mayor, or in
the absence of both of them, the member appointed under Section 38.6.2 to act
in their absence, while presiding at meetings of Council. By-law 65-91, 18
February, 1991; By-law 246-00, 16 October, 2000.
(See attachment 7)
Article 6
DEPUTY MAYOR
38.6.1 Appointment — by by-law
At the first meeting or any subsequent meeting of Council, Council by by-law
shall appoint a member to act as Deputy Mayor for a duration at the discretion of
Council.
—17—
GENERAL COMMITTEE — MAY 17, 2005
Article 7
ORDER OF BUSINESS
38.7.1 Quorum - present - meeting - call to order
When there are sufficient members present to constitute a quorum at the time set
for the commencement of the meeting or as soon thereafter as the quorum is
present, the Mayor, or if the Clerk has been advised that the Mayor will be absent
or late, the Deputy Mayor, shall take the chair and call the meeting to order. By-
law 65-91, 18 February, 1991; By-law 246-00, 16 October, 2000.
38.7.3 Mayor absent - Deputy Mayor - call to order - presiding
In the event the Mayor does not attend within fifteen minutes after the time
appointed, the Deputy Mayor shall assume the chair, call the members to order,
and if a quorum is present preside during the meeting or until the arrival of the
Mayor. By-law65-91, 18 February, 1991; By-law 246-00, 16
October, 2000.
38.7.4 Mayor - Deputy Mayor - absent - procedure
In the absence of the Mayor and Deputy Mayor, if a quorum is present within 15
minutes after the appointed time, the Clerk shall call the meeting to order and a
Chair shall be chosen from the members present, who shall preside during the
meeting or until the arrival of the Mayor or Deputy Mayor. By-law 222-02, 9
December, 2002,
(See attachment 8)
TOWN OF GEORGINA
Appointment By-law
...appoint a Member of Council to act from time to time in the place and stead of
the head of Council when the head of Council is absent from the Municipality or
absent through illness or his office is vacant and, while so acting, such member
has and my exercise all rights, powers and authority of the head of Council;.....
1. That the Regional Councillor is hereby appointed as Acting Mayor
2. The Acting Mayor, in the absence of the Mayor, shall have all the duties,
rights, powers and authority of the Mayor.
(See attachment 9)
GENERAL COMMITTEE — MAY 17, 2005
Procedural By-law
(b) "Deputy Mayor" means the Regional Councillor.
(d) "Presiding Officer" means the Member who has been appointed
by by-law to act in the absence of the Mayor and Deputy Mayor, or
in the absence of such Member, the Member who has been
appointed by a majority vote of Council, to act in the absence of the
Mayor and Deputy Mayor.
(See attachment 10)
2.5 Mayor's Absence
If the Mayor does not attend within fifteen minutes after the hour
fixed for the Council or the Committee of the Whole Meeting the
Deputy Mayor or in his absence, the Presiding Officer shall call the
meeting to order and shall preside until the Mayor arrives.
(See attachment 11)
TOWNSHIP OF KING
Appointment Report
(See attachment 12)
Procedural By-law
3. As soon as there shall be a quorum present, after the hour fixed for the
meeting, the Mayor shall take the chair and call the members to order. In
the absence of the Mayor, the Deputy Mayor shall call the members to
order, or in the absence of the Deputy Mayor, the Council shall appoint an
Acting Mayor to call the members to order and chair the meeting of
Council. The Deputy Mayor shall be appointed for a period of one year by
resolution of Council. The appointments shall be made at the first regular
Council Meeting of the term of Council, and for subsequent years, at the
last meeting in December for the forthcoming year.
(See attachment 13)
—19—
GENERAL COMMITTEE — MAY 17, 2005
23. The Mayor shall appoint the Deputy Mayor, or in his/her absence, another
member of Council to act as Chair while he/she is speaking to a question
or while he/she is temporarily absent from the meeting.
(See attachment 14)
—20—
GENERAL COMMITTEE — MAY 17, 2005 ATTACHMENT-1
By-law 2001-1
Page 8
MAft1cNAM
Every by-law which is passed by Council shall be sealed with the seal of the
corporation, signed by the Mayor or the Presiding Officer of the meeting at which the
by-law was passed and by the Clerk and shall be deposited with the Clerk for custody.
2.21 Disclosure of Interest
Where a Member has any pecuniary interest in any matter before Council or
Committee, such Member shall comply with The Municipal Act.
2.22 Location of Meetings
All meetings of Council shall be held in the Council Chambers or at any othor place in
the Municipality authorized by the Mayor.
2.23 Expulsion for Misconduct
The Chair of a Committee meeting or Council meeting may expel or exclude from the
meeting, any person who in the opinion of the Chair, has behaved improperly.
2.24 Recording Equipment
The use of video or audio recording equipment or devices during a Council or
Committee meeting is not permitted without the approval of the majority of members
present.
3. COUNCIL MEETINGS
3.1 Inaugural Meeting
The first meeting of a newly elected Council after a regular election should be held on
the first Tuesday in December at 7:30 p.m.
3.2 Regular Meeting Times
Meetings of Council shall be held at the hour of 7:00 p.m. (local time) on the second
and fourth Tuesdays of each month, unless otherwise provided by a resolution of
Council.
3.3 Special Meetings of Council
The Mayor may, at any time, summon a special meeting of Council on 48 -hours notice
to the Members, or upon receipt of a written request by the majority of the Members,
the Clerk shall summon a special meeting on 48 hours notice to the Members and the
media for the purpose and at the time mentioned in the petition. The only business to
be dealt with at a special meeting is that which is listed in the notice of the meeting.
Special meetings may be open or closed as provided it! The Municipal Act,
3.4 Calling a Meeting to Order and Quorum -
As soon after the hour fixed for the holding of the meeting of the Council as a quorum
is present, the Mayor shall take the chair and call the meeting to order.
3.5 Absence of the Mayor
In the absence of the Mayor, the Deputy Mayor shall take the chair and in the absence
of both of them, the Members present shall elect a Chair for the meeting.
3.6 Preparation of Agenda
Prior to each regular meeting, the Clerk (or his/her designate) with the assistance of the
Commissioners, shall prepare an agenda of all the business to be brought before such
meeting. The agenda shall be distributed to members of Council and the Press at least
48 hours before the meeting,
—21—
GENERAL COMMITTEE - MAY 17, 2005 ATTACHMENT-2
THE CITY OF VA UGHAN
BY-LAW
BY-LAW NUMBER 90-2004
A By-law to appoint a substitute for the Mayor and to repeal By-law Number 237.92.
WHEREAS section 242 of the Municipal Act, 2001 authorizes the appointment of a member of council
to act in the place of the Head of Council when the Mayor Is absent or refuses to act or the office is vacant;
AND WHEREAS By-law Number 237-92 was enacted by the Council for The Corporation of the City
of Vaughan in the past and appointed the Regional Councillor who received the most votes at the last election
or, in his absence, the other Regional Councillor to act in the place of the Head of Council when the Mayor
was absent from the municipality, absent due to Illness or when the office was vacant;
AND WHEREAS as of the November 10, 2003 municipal election there are now three Regional
Councillors and By-law Number 237-92 requires clarification since, in the absence of the Regional Councillor
who received the most votes at the last election, there are now two further Regional Councillors who would be
eligible to act in the place of the Head of Council;
AND WHEREAS it is necessary and desirable to enact a new appointment by-law or resolution to
appoint the appropriate member(s) of council to act in the place of the Mayor in certain circumstances;
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS FOLLOWS:
1. That the Regional Councillor for The Corporation of the City of Vaughan who received the highest
number of votes at the last municipal election held in the municipality or, in his or her absence,
the Regional Councillor who received the second highest number of votes at the last municipal
election or, in his or her absence, the Regional Councillorwho received the third highest number
of votes at the last municipal election be and is hereby appointed to act from time to time in the
place and stead of the Head of Council in any of the following cincumstances:
a. when the Head of Council is absent from the municipality or refuses to act;
h. when the Head of Council is absent due to illness; or
C. when the Office of the Head of Council is vacant.
2. While so acting, the said Regional Councillor shall have and may exercise all the rights, powers
and authority of the Head of Council.
t 3. By-law No. 237-92 be and is hereby repealed.
READ a FIRST, SECOND and THIRD time and finally passed this 29" day od March, 2004.
Michael Di Blase, Mayor
J. D. Leach, City Clerk
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GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT -3
4.3 Calling a Meeting to Order and Quorum V Aq G NA
As soon after the hour fixed for the holding of the meeting of the Council as a quorum is present, the
Mayor or Chair shall take the chair and call the meeting to order.
4.4 Absence of the Mayor
In the absence of the Mayor, the Senior Regional and Local Councillor shall take the chair and in
his/her absence, the other Regional and Local Councillor shall take the chair and in the absence of all
of them, the Members present shall elect a Chair of the meeting.
4.5 (1) Preparation of Agenda -
Prior to each regular meeting, the Clerk (or his designate) under the supervision of the CM,
shall prepare an agenda of all the business to be brought before such meeting. No matter
shall be placed on the agenda of a meeting referred to in paragraph 4.1 unless it has been
already considered by a Committee, unless authorized by the CM. The agenda shall be
distributed to Members of Council at least 48 hours before the meeting.
(2) Addendum Items
(a) An item that Is not on the agenda as printed shall require a unanimous vote of the
members present to be added to the agenda.
(b) Notwithstanding the above any item of additional Information pertaining to an item
listed on the agenda shall be circulated to members on the Friday prior to the
meeting by the Clerk and shall be considered with the Item.
4.6 Order of Business
The Council shall deal with matters in the following order:
1) Presentations
2) Confirmation of the Agenda
3) Disclosure of Interest
4) Adoption of Minutes
5) Deputations Requiring Statutory Public Hearing
6) Determination of Items requiring separate discussion
7) Adoption of Items not requiring separate discussion
8) Consideration of Items requiring separate discussion
9) By-laws f Formal Resolutions
10) Confirming By-law
11) Motion to Adjourn
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GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT-4
N:EWMARXF
f) advice that is subject to solicitor -client privilege including communications
necessary for that purpose;
g) a matter in respect of a council, board, committee or other body may hold
a closed meeting under another Act;
Before holding a meeting or part of a meeting 'that is to be closed to the public,
the Council or Committee shall approve a motiam stating the following:
i) the fact that the meeting will be closed to the public;
11) the general nature of the matter 10 be considered at the closed
meeting.
Meetings which are dosed to the public may be referred to as Committee of the
Whole (In Camera) sessions.
12. Voting during Closed Meetings
No vote shall be taken at a meeting which Is closed to the public unless:
a) the subject matter relates to an issue as described In Section 11;
b) the vote is for a procedural matter or for giving directions or instructions to
officers, employees or agents of the murmicipality or Committee or persons
retained by or under contract with the municipality or Committee.
11 Confidentiality
Members shalt ensure that confidential matters disclosed to them during "closed"
meetings are kept confidential.
14. Chair of Meeting
a) The Chair of a meeting of Council or Committee of the Whole shall be the
Mayor. In the absence of the Mayor, the Regional Councillor shall be the
Chair of the meeting. In the absence of moth the Mayor and the Regional
Councillor, the Council or Committee of the Whole shall appoint another
of its Members to act, as Chair of the meeting.
b) The Chair of all other Committees shall be appointed by its Members. to
the absence of the Chair and a previously appointed Vice Chair, the
Committee shall appoint another of Its Members to act as a Chair of the
meeting.
15. Duties of the Chair
It shall be the duty of the Chair:
a) to announce the business before the meeting In the order in which it is to
be acted upon;
b) to receive all messages and communications relative to the meeting and
to announce them to the Members;
o) to put to a vote all motions which are regularly moved and seconded, or
necessarily arise In the course of proceedings, and to announce the
result;
d) to adhere to the rules of procedure;
a) to decline to put to a vote motions which infringe upon the rules of
procedure;
f) to restrain the Members, within the rules of the Procedure Bylaw, when
engaged in debate;
By-law 2004-107
Page 4
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GENERAL COMMITTEE - MAY 17, 2005 ATTACHMENT-5
THE CORPORATION OF THE TOWN OF RICH14 OND HILL
BY -law No. 225-03
A By-law to Appoint an Acting Mayor,,Deputy Mayor
NOW TI URFFORE TjX CO.tNCIL OFTHE CORPORATION OF THL, TOWN
OF RICHMOND RILL ENACf`S AS FOtLONVS:
1. That Dave Barrow is hereby appointed as Acting Mayor/Deputy Mayor for the
Corporation of the Town of Richmond Hill in accordance with Chapter 38,6,1 of the
Municipal Code.
2. That By-iaw No, 276-00 is horehy repealed.
READ A FIRST AND SECOND TIME THIS 15TH DAY OF DECEMBER, 2003.
READ A THIRD TIME ANWA.SSSED THIS 15TH DAY OF DECEMBER, 2003.
Town Clark
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GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT-6
38.1.1 PROCEDURE
Article 1
SHORT TITLE
38.1.1 Citation
This Chapter may be cited as the "Procedural By-law."
Article 2
INTERPRETATION
38.2.1 Repealed: By-law 246-00, 16 October, 2000
38.2.8
38.2.2 Clerk - defined
"Clerk" means the Clerk or the Deputy Clerk of the Corporation. By-law
65-91, 18 February, 1991.
38.2.3 Committee - defined
"committee" means any advisory or other committee, subcommittee or simi-
lar entityofwhich at least fifty per cent of the members are also members of
one or more Councils or local boards. By-law 222-02, 9 December, 2002.
38.2.4 Committee of the Whole - defined
"Committee of the Whole" means acommittee of Council composedofall
of the members sitting in committee as Committee of the Whole. By-law
65-91, 18 February, 1991; By-law 246-00, 16 October, 2000.
38.2.5 Corporation - defined
"Corporation" means The Corporation of the Town of Richmond Hill.
38.2.6 Council - defined
"Council" means the Council of the Corporation. By-law 65-91, 18 Feb-
ruary, 1991.
38.2.7 Council - public meetings - defined
"Council - public meetings" means regular meetings of Council held for
the purpose ofholding public meetings under the PlmnningAet, Dr succes-
sor legislation. By -lave 65-91, 18 February, 1991; By-law 246-00, 16
October, 2000.
38.2.7.1 Deputy Mayor - defined
"Deputy Mayor" means the member of Council who has been appointed
to act in the place or stead of the Mayor in the absence or incapacity of the
Mayor. By-law 246-00, 16 October, 2000,
38.2.8 Holiday - defined
"holiday" means anyholiday as defined in the Interpretation Act; Boxing
Day; and any holiday proclaimed by Council as a civic holiday. By-law
65-91, 18 February, 1991.
DECEMBER 2004 38.12 RICHMOND HILL
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GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT-7
RicHt*v+vb 4lItL
38.2.8.1 PROCEDURE 38.2.15
38.2.8.1 Local board - defined
"local board" means a municipal service board, transportation commis-
sion, board of health, planning board, or any other board, commission,
committee, body or local authority established or exercising any power
under any Act with respect to the affairs of purposes of one or more mu-
nicipalities, and for the purposes of this Chapter, excluding the public li-
brary board, police services board, a school board and a conservation
authority. By-law 222-02, 9 December, 2002.
38.2.9 Mayor - defined
"Mayor" is the member of Council holding the office of Mayor.
38.2.10 Masculine - feminine - defined
Words importing male persons include female persons. By-law 65-91, 18
February, 1991.
38.2.10.1 Meeting - defined
"meeting" means any regular, special, committee or other meeting of a
Council or a local board. By-law 222-02, 9 December, 2002.
38.2.11 Member - defined
"member" means a member of Council and includes the Mayor.
38.2.12 Point of information - defined
"point of information" is a request directed to the Presiding Officer or to
another member or to staff of the Corporation, for information relevant to
the business at hand, but not related to a point of procedure. By-law
65-91, 18 February, 1991
38.2.13 Point of order - defined
"point of order" is the raising of a question by a member for the purpose of
calling attention to any, departure from this Chapter or the customary
modes or proceedings in debate or in the conduct of the Council's busi-
ness. By-law 222-02, 9 December, 2002.
38.2.14 Point of procedure - defined
"point of procedure" is a question directed to the Presiding Officer to ob-
tain information on a matter of parliamentary law or the rules of the Coun-
cil bearing on the business at hand in order to assist a member to make an
appropriate motion, raise a point of order or understand the parliamentary
situation or the effect of a motion. By-law 65-91, 18 February, 1991.
38.2.15 Presiding Officer - defined
"Presiding Officer" means the Mayor or in his absence the Deputy Mayor, or
in the absence of both ofthem, the member appointed under Section 38.6.2
to act in their absence, while presiding at meetings of Council. By-law
65-91, 18 February, 1991; By-law 246-00, 16 October, 2000.
RICHMOND HILL 38.13 DECEMBER 2004
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GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT-8
R1CH1j.9iva HILL.
38.6.3 PROCEDURE 38.7.6
38.6.3 Rights - powers - authority - responsibilities
The member acting as Mayor under this Article shall exercise all the rights
and powers and authority and shall assume the responsibility of the head
Of Council and shall be entitled to vote as a member. By-law 246-00, 16
October. 2000,
Article 7
ORDER OF BUSINESS
38.7.1 Quorum -present - meeting - call to order
When there are sufficient members present to constitute a quorum at the
time set for the commencement of the meeting or as soon thereafter as the
quorum is present, the Mayor, or if the Clerk has been advised that the
Mayor will be absent or late, the Deputy Mayor, shall take the chair and
call the meeting to order. By-law 65-91, 18 February, 1991; By-law
246-00, 16 October, 2000.
38.7.2 Quorum - not present - in 30 minutes - adjournment
If there is no quorum within thirty minutes after the time appointed for the
meeting, the Clerk shall record the names of all members present at that
time and the meeting shall be deemed to be adjourned until the next regu-
lar meeting, unless a special meeting is called for that purpose in the mean-
time. By-law 65-91, 18 February, 1991.
38.7.3 Mayor absent - Deputy Mayor - call to order - presiding
In the event the Mayor does not attend within fifteen minutes after the time
appointed, the Deputy Mayor shall assume the chair, call the members to
order, and if a quorum is present preside during the meeting or until the ar-
rival of the Mayor. By-law 65-91, 18 February, 1991; By-law 246-00, 16
October, 2000.
38.7.4 Mayor - Deputy Mayor - absent - procedure
In the absence of the Mayor and Deputy Mayor, if a quorum is present
within 15 minutes after the appointed time, the Clerk shall call the meeting
to order and a Chair shall be chosen from the members present, who shall
preside during the meeting or until the arrival of the Mayor or Deputy
Mayor. By-law 222-02, 9 December, 2002,
38.7.5 Adjournment - agenda - consideration - subsequent
If Council is unable to meet for want of a quorum the agenda delivered for
that meeting shall be considered at the next regular meeting of Council
prior to consideration of the agenda for the subsequent meeting or it shall
be the agenda for a special meeting called for that purpose.
38.7.6 Order of business - set out in agenda
The normal order of business for regular and special meetings of Council
shall be as set forth in the agenda.
DECEMBER 2004 38.22 RICHMOND HILL.
C"
GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT-9
THE CORPORATION OF THE TOWN OF GEORGINA
II to
REGIONAL MUNICIPALITY OF PORK
Ily-L W NO.2000- 0194 (AD-2)
BEING A BY-LAW TO PROVIDE FOR THE
APPOINTMENT OF AN ACTING HEAD OF
COUNCIL
WHEREAS the Municipal Act, R.S.O. I990, c.M.45, Section 69(3) provides that Council may, by by-law, appoint a Member of Council to act from time to time in the place and stead of the head of Council when the head of Council is
absent from the Municipality or absent through illness or his office is vacant and,
while so acting, such member has and may exercise all the rights, powers and
authority of the head of Council;
AND WHEREAS Section 16(a) ofBy-law Number 95-53 (COU-2) being the
Procedural By-law for the Town of Georgina, states that `The Regional
Councillor, by by-law, shall be appointed the Acting Mayor...,;
NOW THEREFORE the Council oftheCorporation ofthe Town ofGeor*a,
in the Regional Municipality o£York, hereby enacts as follows:
1. That theRegionaiCouncillorisherebyappointedasActingMayor
2, The Acting Mayor, in the absence ofthe Mayor, shall have all the
duties, rights, powers and authority of the Mayor.
3. That By -lawn No. 98-08 (AD-2) is hereby repealed.
READ a first, second and third time and finally passed this 18th day of
December, 2000.
-29-
GENERAL COMMITTEE - MAY
1 Th'e Corporation of the Town of Georgina
In the
Region Municipality of York
By-law No. 2002-0134 (COU-2)
A By-law to govern the calling, place and proceedings
of meetings for the Town of Georgina
ATTACHMENT -10
WHEREAS the Municipal Act authorizes every municipal Council to enact by-laws
to govern the proceedings of meetings, the calling and place of meetings;
AND WHEREAS, the Council of the Corporation of the Town of Georgina
considers it desirable to enact a by-law in this regard;
NOW THEREFORE, the Council of the Corporation of the Town of Georgina
enacts as follows:
DEFINITIONS:
In this by-law:
(a) "Committees" means the Committee of the Whole or any
committee constituted by Council from time to time.
(b) "Deputy Mayor' means the Regional Councillor.
(c) "Member' means a Member of Council.
(d) 'Presiding Officer' means the Member who has been appointed
by by-law to act in the absence of the Mayor and Deputy Mayor, or
in the absence of such Member, the Member who has been
appointed by a majority vote of Council, to act in the absence of the
Mayor and Deputy Mayor.
(e) "Quorum" means a majority of Members.
2. GENERAL PROVISIONS:
2.1 Inaugural Meeting
The inaugural meeting of Council after a regular election shall be
held in the Council Chambers on the first Monday in December at
7:00 p.m.
2.2 Rules and Regulations
The rules and regulations contained in this by-law shall be observed
in all proceedings of the Council and Committees and shall be the
rules and regulations for the dispatch of business by Council, and
Committees,
2.3 Suspend Rules 213 Consent Required
The rules and regulations contained herein may be temporarily
waived (suspended) or altered for any single occasion with the
consent of not less than two-thirds of the Members present.
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GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT -11
2.4 No Quorum GFp�iG1+�►A
If no quorum is present one half (2) hour after the time fixed for
holding the meeting of Council or Committee of the Whole, the Clerk
shall record the names of the Members present and the meeting
shall stand adjourned until the date of the next meeting.
2.5 Mayor's Absence
If the Mayor does not attend within fifteen minutes after the hour
fixed for the Council or the Committee of the Whole Meeting the
Deputy Mayor or in his absence, the Presiding Officer shall call the
meeting to order and shall preside until the Mayor arrives.
2.6 Reference — Robert's Rules of Order
When any matter arises relating to the proceedings in Council orthe
Committees which is not covered by a provision of this by-law, the
procedure to be followed shall be decided with reference to
Robert=s Rules of Order,
2.7 DUTIES OF THE CHAIR
It shall be the duty of the Mayor as Chair:
(a) Mayor or Chair
To preside at all meetings of the Council and the Committee of the
Whole;
(b) To Order a Stop to Disruptive Behaviour or Expel Persons
To order any individual or group in attendance at the meeting to
cease and desist any behaviour which disrupts the order and
decorum of the meeting and to order the individual or group to
vacate the Chambers, where such behaviour persists;
(c) Call Meeting to Order
To open the meeting by taking the chair and calling the Members to
order;
(d) Announce Business
To announce the business before the Members in the order in which
it is to be acted upon;
(a) To Receive All Motions
To receive and submit, in the proper manner, all motions presented
by the Members;
(f) To Put All Motions to a Vote
To put to a vote all questions which are moved and seconded, or
necessarily arise in the course of the proceedings, and to announce
the results;
(g) To Decline Motions Which Infringe on Rules
To decline to put to a vote motions which infringe upon the rules of
procedure;
(h) To Enforce Rules
To enforce on all occasions the observance of order and decorum
among the Members;
(i) To Request Unruly Member to Leave
To call by name any Member persisting in a breach of the rules of
procedure, thereby ordering the Member to vacate the Chambers in
which the meeting is being held;
-31-
GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT -12
TOWNSHIP OF KING
DATE: February 181h , 2002
TO: Council
SUBJECT: Clerics' Department Report CL-2002-12
Re: Appointment of Deputy Mayor
1. RECOMMENDATIONS
It is respectfully recommended:
(a) That this report be received as information.
(b) That Council approve the suggested recommendation to further revise the Procedural By-law
so that Clause 3 reads: "......The Deputy Mayor shall be appointed on a rotating basis for a
period as determined by resolution of Council......" and,
(c) That Council appoint:
Councillor Swail as Deputy Mayor for the period March 1, 2002 to September 31, 2002;
Councillor Pabst as Deputy Mayor for the period October 1, 2002 to March 31, 2003;
Councillor Werry as Deputy Mayor for the period April 1, 2003 to the end of the term of
office for this Council.
2. PURPOSE
This report is further to the discussions held February 11`h, 2002 during the Finance,
Administration and Human Resources Committee Working Meeting regarding the appointment of a
Deputy Mayor, and to provide a recommendation.
3. BACKGROUND
Clause 3 of the Procedural By-law Number 2001-08 provides that a Deputy Mayor shall be
appointed for a period of one year, by resolution of Council. The appointment of a Deputy Mayor
for the year 2002 was deferred last fall to mid -February, 2002.
4. ANALYSIS & PROPOSALS
Discussion took place with respect to appointing a Deputy Mayor last week during the
February 11`' Finance, Administration and Human Resources Committee bWorkingz Meeting. Some
Members of
-32-
GENERAL COMMITTEE — MAY 17, 2005
Clerk's Department Report CL-2002-12
Re: Appointment of Deputy Mayor
Page 2
Council indicated a preference to appoint a Deputy Mayor on a rotating basis for the remaining term
of Council, being approximately 20 months before the 2003 election. Some members of Council
indicated that they have no interest at this time in the position.
Should Council approve this proposal, it will be necessary to amend the Procedural By-law
so that Clause 3 will read:
"....The Deputy Mayor shall be appointed on a rotating basis for a period as determined by
resolution of Council....."
5. FINANCIAL IMPLICATIONS
There are no Financial Implications.
6.
It is concluded that Council consider a further revision to the Procedural By-law, as described
above to provide an opportunity for members of Council to gain the experience of Acting Mayor.
7. ATTACHMENTS
Appendix "A": Procedural By-law as revised per CAO's Report ADM-2002-03, and as
discussed herein.
Prepared & Submitted by:
Chris Somerville
Clerk
Approved by:
Bob Casselman
CAO
—33—
GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT -13
THE CORPORATION OF THE TOWNSHIP OF KING
BY-LAW NUMBER 2002-26
A BY-LAW TO MAKE AND ESTABLISH RULES AND
REGULATIONS TO GOVERN THE PROCEDURE OF MEETINGS
OF THE COUNCIL AND COMMITTEES OF COUNCIL OF THE
TOWNSHIP OF KING
WHEREAS it is necessary and expedient to make and establish rules and regulations
according to which the proceedings of the Council and Committees of Council of the Corporation of
the Township of King shall be governed and conducted;
NOW TIIEREFORE the Council of the Corporation of the Township of King ENACTS AS
FOLLOWS:
MEETINGS OF COUNCIL
Unless otherwise provided by a resolution of the Council, the regular tneetings of the Council
each month shall be held in accordance with the schedule set out annually by Council.
A majority of the members of Council shall form a quorum at a Council meeting.
3. As soon as there shall be a quorum present, after the hour fixed for the meeting, the Mayor
shall take the chair and call the members to order. In the absence of the Mayor, the Deputy
Mayor shall call the members to order, or in the absence of the Deputy Mayor, the Council
shall appoint an Acting Mayor to call the members to order and chair the meeting of Council.
The Deputy Mayor shall be appointed for a period of one year by resolution of Council.
The appointments shall be made at the first regular Council Meeting of the term of Council,
and for subsequent years, at the last meeting in December for the forthcoming year.
If no quorum is present one half hour after the time appointed for a meeting of the Council,
the Clerk shall call the roll and record the names of the members present and the meeting
shall stand adjourned.
S, The Mayor may at any time summons a special meeting of the Council, and upoareceipt of a
petition signed by a majority of the members of the Council the Clerk, or in the absence of
the Clerk, the Mayor, shall summons a special meeting for the purpose and at the time
mentioned in the petition.
-34-
GENERAL COMMITTEE - MAY 17, 2005
ATTACHMENT -14
21
22.
23.
24.
25.
26.
27
F llN 40 By-law Number 2002-26
Council. When a member has concluded speaking, the Mayor shall call for questions for
clarification to that member. When all debate is concluded, the mover of the question
(motion) shall have the opportunity to reply byway of direct response to comments made in
the debate or clarification of any points upon which he or she may have been misunderstood
and shall be permitted to reply for a maximum of 5 minutes.
When the question under consideration concerns two or more matters, then upon the request
of any member, the vote upon each matter shall be taken separately.
After a question is finally put by the Mayor no member shall speak to the question nor shall
any other motion be made until after the results of the vote have been declared. When a
member holds the floor, such member, rather than speak to the question, may request the
Mayor to put the question for a vote by motion properly moved and seconded, upon which
motion there shall be no debate permitted and the vote shall be taken.
The Mayor shall appoint the Deputy Mayor, or in his/her absence, another member of
Council to act as Chair while he/she is speaking to a question or while hefshe is temporarily
absent from the meeting.
No Council member shall speak on any other subject than on the subject matter at that time
being considered by Council.
Any member of Council may request a recorded vote and the Clerk shall call for a combined
show of hands from those in favour of t1te motion and for a combined show of hands from
those opposed to the motion, and shall record the vote in the minutes.
A substantive question once decided shalt not be brought up again at the same meeting. Any
substantive question may be reconsidered within a twelve month period if
the motion to reconsider is moved by a member who voted in the majority on the
substantive question and is seconded, provided said member explains the reasons for
changing his/her mind; and
a majority of the whole Council votes in favour of the motion to reconsider.
Every by-law shall receive first and second reading before being amended and the third
reading may be given unless any member requests the third reading to be deferred to a
subsequent Council meeting. The headnote of a by-law only shall be read, unless any
member of the Council wishes the by-law to be read in its entirety at any of the readings.
-35-
GENERAL COMMITTEE —MAY 17, 2005
LA.GENDAi ITEM=#3
TOWN OF AURORA
GENERAL COMMITTEE MEETING No. PL05-043
SUBJECT: Whitwell Developments Limited (First Professional)
Part of Lot 21, Concession 3
Wellington Street and Leslie Street
Official Plan and Zoning Amendment Applications
File Nos. D09-10-03 & D14-28-03 respectively
FROM: Susan Seibert, Director of Planning
DATE: May 17, 2005
RECOMMENDATIONS
THAT By-law 4668-05.D, being a by-law to adopt Official Plan Amendment Number 58
be enacted, subject to Council being satisfied that the issues identified at the
September 29, 2004 Public Planning meeting have been adequately addressed.
THAT Council determine if further notice is required to be given in respect of the
implementing By-law No. 4669-05.D in accordance with Section 34(17) of the
Planning Act.
THAT if Council is satisfied that proper Notice has been provided in respect of the
implementing By-law No. 4669-05.D, in accordance with Section 34(17) of the
Planning Act, that the by-law be enacted.
BACKGROUND
On September 9, 2003, Council authorized staff to engage a consulting team to undertake
an independent peer review of the proposed Official Plan and Zoning By-law Amendment
justification reports filed by TWhitwell Developments Limited for a large format, Regional -
serving Retail Commercial development.
The subject lands are designated `Business Park" within Official Plan Amendment # 30,
the 2B Secondary Plan with a site specific policy as follows:
'The development of the lands at Highway 404 have been identified by Council as a
high development priority and are designated Business Park to encourage high
quality building and site design in the near to long term. Regional -serving Retail
Commercial uses are contemplated by this Plan because of the high visibility and
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GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 2 - Report No. PL05-043
accessibility of lands between Leslie Street and Highway 404 and the attractiveness
of this location for uses serving not only the growing population of Aurora but also
the surrounding urban and rural areas. However, the general nature and scale of
future uses cannot be predicated at this time. Regional -serving Retail Commercial
uses shall be considered by the Town subject to a public process and amendment
to this Plan on lands designated Business Park on the north side of Wellington
Street between Leslie Street and Highway 404, if the following conditions are met:
1. pre-eminent site, building and landscape design;
2. comprehensive planning to ensure consistent high quality image as
described in Section 3.5 Business Park and 3.9 Urban Design of this
Plan; (i.e. OPA # 30)
3. a traffic study prepared by a qualified traffic consultant which
demonstrates that traffic impacts associated with the proposed
development can be accommodated without adversely affecting the
capacity of the road system or adjacent land uses and is acceptable
to the Town and Region;
4. a market study acceptable to the Town;
5. impacts on surrounding existing and planned land uses are
acceptable to the Town.
In order to adequately review the application and ensure the Official Plan provision were
met the Town retained The Butler Group (Consultants) Inc. as the lead planning peer
review consultants for the project and to co-ordinate the reviews of the following
consultants:
■ Retail Market and Impact Analysis — Scott Morgan & Associates Limited
■ Economic Analysis — Gartner Lee Limited.
■ Urban Design — Brook Mcilroy Inc./Pace Architects
■ Traffic — Earth Tech Canada
In order to ensure that all issues were identified and addressed a Public Information
meeting was held on April 28, 2004 and a Public Planning meeting was held on June 23,
2004. A further Council meeting was held on August 17, 2004, and at that meeting the
draft peer review reports were submitted to Council. On September 29, 2004 an additional
Public Planning Meeting was held and at such time Staff indicated that the majority of
issues had been resolved with the exception of internal/external traffic and Urban Design
Guidelines.
PROPOSAL
The application originally submitted by Whitwell Developments Limited has been
significantly revised based on the results of the peer review analysis and numerous
discussions between the owner, Town Staff and the peer review consultants. The proposed
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GENERAL COMMITTEE - MAY 17, 2005
May 17, 2005 - 3 - Report No. PL05-043
Official Plan Amendment area has been reduced in size from 80.5 acres (32.6 ha) to 58.5
(23.7 ha) acres and the remaining lands of 22 acres (8.9 ha) are to be retained as
"Business Park" lands. The application envisages approximately 540,000 square feet
(50,166 sq m) of commercial development on the site including a department store,
warehouse membership club, either a large format supermarket or a home improvement
outlet, ancillary retail uses and service commercial uses (restaurants, personal services)..
The office/business park uses would comprise of approximately 350,000 square feet
(32,515 sq m) on the remaining portion of the subject land and does not form part of the
subject application as these lands are already designated and zoned for business park
uses. The application is abutting the State Farm lands to the north where construction of
their Canadian Head Office (321,794 square feet — 29, 895 sq m) is currently underway.
The State Farm lands are designated and zoned "Business Park" and there is potential for
additional business park uses on these lands.
COMMENTS
Conclusions of Peer Reviews
The peer review consultants presented their findings at the September 29, 2004 Public
Planning Meeting and subsequently the applicant has worked with the Town to resolve the
outstanding issues pertaining to traffic and Urban Design Guidelines.
The following is a summary of the major conclusions from the peer review of the
applications:
The existing Official Plan provides for a regional -scale commercial facility on the
Whitwell site subject to meeting a variety of tests. In this context, the Official Plan
ultimately envisions three distinct major commercial nodes for the Town including
the Yonge Street node, Bayview /Wellington node, and the Whitwell node.
The planning analysis indicates that the planned function of both the Yonge Street
node and Bayview/Wellington node should not be impaired or significantly
weakened by the Whitwell development. While the lands at the south east corner of
Bayview and Wellington have been designated Community Commercial for a
number of years, it is apparent that no recent applications have been submitted for
retail use for this vacant parcel and the owner is not objecting to the Whitwell
proposal. It is probable that this will be a long term Community Commercial
development or it may be converted to another use. Therefore, they have no
concerns with respect to the potential delay the Whitwell development may have on
this property.
It is evident that the full approval of the Whitwell node at this time will not have
adverse impacts particularly on the Bayview /Wellington node. In the the peer
review consultants opinion, no time delay of the Whitwell application is required in
order to allow the proposed expansion and maturation of the Bayview/Wellington
MIS
GENERAL COMMITTEE - MAY 17, 2005
May 17, 2005 - 4 - Report No. PL05-043
node. It is the consultants recommendation that the Aurora Centre be given the first
opportunity to secure a cinema complex for the Town. Building permits for the
cinema use are currently being processed.
• The market justification for the entire Whitwell application has now been completed.
Based on the peer reviewer, Scott Morgan's recommendations, it is appropriate to
approve the applications as revised. Mr. Morgan recommends that the zoning by-
law have a provision that requires that there be a minimum unit size of 370 square
metres (3,983 sq. ft.). in order to attract larger stores that will not directly compete
with the Bayview/Wellington centres or the downtown. Whitwell requested that they
be allowed to have a maximum of ten stores less than this size and Mr. Morgan has
agreed. Furthermore, Mr. Morgan recommends that the zoning by-law not permit a
liquor store or beer store in order that the existing facilities located respectively in
the downtown and the Aurora Centre not re -locate. These issues as well as
restricting the overall size of the retail component can be appropriately addressed in
the zoning by-law (The attached by-law includes these provisions).
• Regional planning staff in a letter dated March 4, 2005 (See Figure 3), have now
advised that they are satisfied that the market impact studies and the Town's draft
Official Plan Amendment address the market impact criteria of the Regional Official
Plan. As such Regional staff have no objection to Town Council considering
Whitwell's Official Plan Amendment and zoning applications forthe Aurora Gateway
Centre.
• Concerns were initially raised with respect to the loss of employment land and the
compatibility of a power centre with a successful office business park. Every effort
should be made to achieve as much office development and full employment jobs
on the Whitwell site as possible. Mr. Keir, the Town's economic peer review
consultant is now satisfied that there will be an adequate supply of employment land
to meet the Town's mid term needs. Future employment land in the long term will
ultimately be satisfied with the development of the 2C lands to the north.
• Notwithstanding the above, it is imperative that the highest priority be given to the
development of the Whitwell lands as a modern business park. The subject
application for a regional power centre should not prejudice or impair the planned
function of this area as a major employment node. The proposed implementing
Official Plan Amendment should contain policies that emphasize this important role
and protect for the office component located along Highway 404 (The attached
OPA contains these policies).
• The revised Concept Plan that reserves lands adjacent to Highway 404 for office
development only in a campus format should be approved as it maintains a
continuous business park use along Highway 404 both north and south of
Wellington Street.
—39—
GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 5 - Report No. PL05-043
Traffic
External
An updated traffic report was provided to the Town dated November 2004. Ms. Adrienne
Long of Earth Tech Canada Inc. has reviewed this report on behalf of the Town, and has
provided detailed comments dated February 8, 2005 and February 10, 2005. Subsequent
to these comments there have been several meetings with the Town and applicant's
consultants and the applicant has provided the information requested within the February
8th and 10th correspondence.
The issues raised in the February 8th and 1 Ot" correspondence from the Town have been
addressed in the February 25 memo from iTRANS Consulting. The analysis presented
indicates that the surrounding road network will have sufficient capacity to accommodate
the anticipated number of vehicle trips in the 2009 and 2014 time horizons, with the
recommended road infrastructure improvements identified. The anticipated levels of
service at the surrounding intersections are considered to be within acceptable operating
conditions for an urban environment. While there appears to be sufficient capacity to
accommodate the traffic demand, it should be recognized that during peak hours, there will
be some movements that may experience long delays, however, they will still operate
within acceptable limits for urban traffic conditions.
Overall, based on the analysis provided it appears that with the road improvements
identified, the adjacent road network will be capable of accommodating the anticipated
traffic volumes in 2009 and the 2014 time horizons.
Internal
At the September 29, 2004 Public Planning meeting Staff and the peer review team
requested that the applicant explore a direct access to the office campus area (that is not
through the retail area) and/or a potential connection to the State Farm office complex.
The essential traffic issue involves the proposed site layout and internal traffic circulation
plan for the area north of Wellington Street and east of First Commerce Drive. There are
two proposed driveways located north of Wellington Street which direct traffic easterly to
the proposed office campus and the proposed department store and ancillary retail space.
The first driveway to the north of Wellington is a right-in/right out movement, and the
second driveway is a signalized full moves intersection. Town Planning Staff are concerned
that the submitted internal traffic plan will not function adequately and that the success of
the approved business park lands to the west will be compromised if the access to these
lands becomes congested due to the retail traffic.
In order to address this concern, a review was undertaken by Ms. Long to assess the
internal traffic situation and written comments provided on March 8, 2005. Ms. Long has
concluded that this proposed access plan will result in a considerable amount of on -site
congestion at these driveways. For example, all of the traffic generated by the office
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GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 6 - Report No. PL05-043
development located at the east portion of the site must first travel through the retail
commercial area to access the adjacent road system. Significant vehicle queuing and
congestion is expected in the pm peak hour and Saturday peak hours. This queuing will
create delays to the inbound traffic which may in turn affect operations on First Commerce
Drive. It was indicated that a connection to the State Farm lands to provide a separate
access to the business park lands not only benefit the circulation of on -sits traffic, but
would also benefit the operations of the adjacent road system. It would provide a direct
linkage for both pedestrians and autos between the State Farm office and the Aurora
Gateway Centre, minimize movements on First Commerce Drive, and provide a convenient
route forfuture transit service for both the retail and office development. Furthermore, this
additional access point would provide for a better distribution of overall traffic to the
development,and provide a more uniform distribution of parking.
Based on the written correspondence from Ms. Long, additional discussions were held with
W hitwell's representatives. It was their position that their proposed plan provided for traffic
operations that would be technically acceptable subject to some fine-tuning. It was
however recommended that Town Staff, Mayor and C.A.O along with representatives from
Whitwell arrange a meeting with State Farm to discuss the mutual benefits of the
connection. The results of this meeting were that it was the position of State Farm that
they would not support a new road connection from the Aurora Gateway Centre to the
State Farm lands. The main reason given by State Farm in opposition to the proposal was
that it would interfere with their future plans and that there may be liabilities associated with
the connection.
There is no authority to provide this road connection to State Farm Way, unless the Town
initiates expropriation procedures. While this connection may ultimately need to be
pursued, Town staff and the peer review consultants have asked Whitwell to consider
alternative road plans for their property.
Whitwell have subsequently produced a series of alternative site plan options to address
the above -noted internal traffic circulation issue (please refer to Appendix "C" for five
alternative options (A, B,C,D,E). Option "A" simply proposes to change a portion of right in
right out access from a private road to a public road. The remaining options include a
possible northerly access road located north of the proposed department store to connect
with First Commerce Drive, a realigned east -west driveway, and a relocated office block
situated closer to Wellington Street. Whitwell has suggested that various combinations with
the above changes would be satisfactory to them. The relocated office block would require
a change to the proposed zoning line between the retail commercial portion and the
business park (offices only) portion of the overall site.
Staff and the peer review team are in the process of assessing these options and consider
that the traffic issue can be resolved as part of the site plan approval for this development.
However, the peer review team and staff do see merit in shifting one office block to be
oriented closerto Wellington Street (please referto Option D and E). This relocated office
block will provide a more prominent office presence on Wellington Street, which is
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GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 7 - Report No. PL05-043
beneficial to the promotion of business park uses in this area and will provide a better
access road into the office block. Furthermore, this revised plan will assist in the promotion
and integration of professional offices with the retail and restaurant uses located east of
First Commerce Road. The revised easterly zone line is reflected in the proposed zoning
by-law attached to this report. The total land area devoted exclusively to business park
uses will not change and remains as 22 acres in size. In addition Option C indicates that
there may be a potential to have an additional access into the office block located north of
the department store to access First Commerce Drive. Option C can be combined any of
the option plans. The Option Plans have been presented to indicate that there are options
to improve the internal traffic circulation of the site which can be further explored at the
detailed site planning stage.
It is noted that the proposed alternative site plans leave open the option for a future road
connection with State Farm Way. Furthermore, the applicants have advised that a
pedestrian connection between the State Farm development and the Whitwell will occur at
the site plan stage and therefore, provision of this connection is shown on all of the
Whitwell site plan options.
Urban Design
On -going dialogue on the Urban Design Guidelines and several meetings have been held
between Town staff and consultants since the Public planning Meeting on September 29,
2004. The applicants have now addressed the all the comments raised by the Town's peer
review consultant and staff and the implementing Official Plan Amendment contains a
clause to ensure that that the development occurs in accordance with the guidelines.
The "Aurora Gateway Business Park Urban Design Guidelines" prepared by Turner
Fleischer Architects Inc dated May 2, 2005 build upon the vision that had been established
through OPA 30 and that of the Wellington Street East Corridor Urban Design Guidelines
prepared by Brook Mcllroy Inc. The Guidelines address various architectural, landscape
and planning issues that affect the lands and provide the foundations necessary to guide
the development of the Retail/Commercial and Business Park lands in becoming a vital
component of Aurora. The Guidelines have been developed to assist Landowners in
preparing and for Town Staff in assessing engineering and landscaping plans as part of the
Site Plan Agreement process. The Guidelines provide the guidance necessary to ensure
that the design of buildings, public and private roads, landscaping, parking, driveways,
pedestrian areas, and other site features are in keeping with the overall prestigious vision
envisioned for Wellington Street in general, and as the "gateway" entrance to the Town
from the highly visible and. well -traveled Highway 404.
Council has expressed interest throughout the development approval process for the area,
from policies within OPA 30 to the Wellington Street East Urban Design Guidelines, in
ensuring that Wellington Street serves as the primary gateway to the Retail/Commercial -
Business Park lands and the Town in general. These Guidelines provide the detail forthe
future redevelopment of Wellington Street and include development particulars in regard to
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GENERAL COMMITTEE - MAY 17, 2005
May 17, 2005 - 8 - Re"rt_No. PL05-043
both the public realm and the private realm. The Guidelines provide detailed gateway
design requirements but do not specify the design of the "Entry Feature". As part of the
subdivision agreement for the lands $80,000.00 has been submitted to cover the cost of
the entry feature. The design and location of the feature will be determined through a
committee process and will have to be approved by Council.
Economic Development Comments
Comments were received on March 11, 2004 from Dino Lombardi the Town Economic
Development Officer (See Figure 4). The economic develop comments are as follows:
Retention of Employment Lands
"Staff is confident that Council has sufficiently addressed the issue of the retention of
employment lands in Aurora through the recent adoption of Official Plan Amendment
(OPA) #55, the Town of Aurora's Employment Retention Strategy. The policies contained
in the Amendment clearly recognize and emphasize the importance of protecting and
retaining employments lands in the Town, in general, and in the Highway 404 Business
Park, in particular. As a result, any future attempt to redesignate the employment lands
within this development will be subject to the policies in OPA #55.
Integration with Commercial Centre
Staff is satisfied that the office/business park component of this proposed development will
be specifically defined, through urban design elements, so as not to be overwhelmed by
the commercial centre. These elements, in addition to attention to architectural design and
building massing, will create a distinct, internal precinct that should support the planned
function of this employment node.
Marketing the Employment Lands
Staff has been advised by Whitwell Developments that they anticipate retaining and
developing the office/business park lands over the long-term. As such, the applicant is
currently preparing marketing materials to promote these lands to prospective tenants.
Although recent marketing efforts by the landowners have been focused on the
commercial/retail uses within this development, the applicant has approached Town staff in
an effort to solicit assistance in jointly promoting the planned employment lands.
Economic Development Division staff continues to concurwith the Planning Department in
recommending that the applicant explore other more direct options than that proposed in
the current Concept Plan to provide access to these lands Forcing office/business park
workers to navigate internal roadways and expansive parking areas to reach these lands is
not only impractical but will also result in vehicular conflicts and driver frustration. Any
future success in marketing these business park lands and maintaining their enduring
viability may depend on providing users with more direct and unambiguous access that
—43—
GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 9 - Report No. PL05-043
does not compete with commercial/retail visitors.
As noted in my January 24th Memorandum (re a review of the draft Urban Design
Guidelines for this project), the proposed access point in the Concept Plan that provides
access to the office/business park lands as illustrated in the draft Guidelines document,
requires further design review. Although this internal east/west roadway (identified as The
Promenade in the draft Guidelines document) is denoted as a major private boulevard
accommodating access to and from the office/business park lands, it's design lacks the
identity and functionality to serve successfully as a primary entrance leading to the
employment lands".
Following review of the options noted on page 6 above, the Economic Development
Division commented further as follows:
Options for Imoroved Internal Traffic Movements to the Business Campus
Economic Development Division staff has now reviewed in detail the general Design
Options submitted by the applicant, which attempt to address the issue of internal traffic
movement to the proposed Business/office campus within the subject development. The
Economic Development Officer had previously raised concerns, similarly expressed by
Town Planning Staff, that the internal traffic plan/design proposed as part of the previous
Concept Plan for this project was flawed and could compromise the future marketability
and viability of the business park lands. Although staff was of the opinion that a direct
connection to the State Farm lands to the north that would provide a separate access to
the business park lands was the preferred solution to address this concern, the Options
developed by the applicant do appear to offer acceptable solutions that can further be
explored at the detailed Site Plan approval planning stage. The EDO concurs with Planning
Staff's conclusion that Option E appears to be the most supportable alternative design
improvement."
Public Comments
The first public information session was held on April 28, 2004, however there was concern
expressed at the meeting that the notice for the applications was inadequate. Therefore
due to the proposed size and scale of the applications the notice for the June 23, 2004
Public Meeting was enhanced to include the following:
■ Notice to all members of the Chamber of Commerce (This would be in addition to
the original notice circulated by the chamber).
• Notice in two sequential issues of the Newspaper.
■ Mailed notice to properties with commercial zoning in Town
■ Notice to all known ratepayer associations in Town.
■ Notice to all parties who requested notice.
■ Notice to the Town of East Gwillimbury, Town of Newmarket, Town of Richmond Hill
and Region of York.
—44—
GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 10 - Report No. PL05-043
■ New sign notices on the property.
• Notice mailed to all property owners within 120 metres (400 feet) of the site.
Comments were received from Aird & Berlis on behalf of Loblaws Properties Limited and
from Fogler, Rubinoff on behalf of Riotrin Properties and these comments were forwarded
to the peer consulting team for consideration. Aird & Berlis on behalf of Loblaws Properties
Limited have subsequently indicated that they no longer have concerns with the proposal.
At the public meeting held on September 29, 2004, a number of individuals including
members of the public made submissions to Council on the subject applications.
All of the written comments submitted and verbal comments from the various Public
Planning meetings were circulated to the Peer Review team for consideration.
These concerns can generally be summarized as follows: adverse impact on the downtown
core, need for more retail, lack of public transit to the new development, urban
design(gateway), traffic congestion, and environmental impact.
The peer review team has carefully reviewed the issues brought to Council's attention by
members of the public.
Adverse impact on the downtown/ need for more retail
The peer reviewer, Mr. Morgan has specifically reviewed the impact that the Aurora
Gateway Centre will have on the Town's downtown. It is his conclusion that the larger big
box stores will not have a detrimental impact on the generally smaller stores located in the
downtown and will not result in significant store closures.
However, in order to provide more protection forthe downtown merchants, zoning controls
have been introduced in the proposed zoning by-law to limit the number of smaller dstm
stores that can operate. Furthermore, liquor and beer stores as well as cinemas are not a
permitted use.
It has been the experience of the peer review consultants, that the role and function of
downtowns has changed to have a more important role providing personal service, banking
and boutique -type stores.
This contrasts with the role of big box centres which attract more space extensive stores
drawing on a larger regional base and requiring large amounts of parking and access to a
highway system. The peer review team is satisfied that the proposed role of the Aurora
Gateway Centre will not compromise the current role and function of the downtown. No
doubt the downtown merchants will need to respond to new retail competition and will have
to market themselves accordingly. The downtown merchants were circulated the notice of
the Public Planning meetings and one merchant Mr. Mike Evans of True Value Hardware
expressed concerns with the impact of the application on the Downtown.
—45—
GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 11 - Report No. PL05-043
Lack of Public Transit
York Region is scheduled to extend transit routes to this development by 2006. One of the
routes will be extended east along Wellington Street and one Newmarket route will be
extended south along Leslie Street to the proposed site. These proposed transit routes will
connect other parts of the Town of Aurora as well as the Town of Newmarket and
therefore, reduce the dependency on automobiles.
Urban Design
As previously discussed, the proposed Whitwell plan will be implemented in accordance
with approved Urban Design Guidelines. It is the intent of the plan to generally improve the
aesthetics along both Wellington Street and Highway 404. Further, Whitwell will be
required to make improvements within the public realm including sidewalks, landscaping,
bike paths and create a 'gateway' feature. The Town will secure funding for all of these
public improvements from the developer (funds have already been received for the
Gateway Feature as part of the approval of the overall plan of subdivision).The lands at
Highway 404 will remain as a Business Park and will be required to meet the high
standards associated with State Farm and the remainder of the business park.
.Traffic Congestion
While there will be considerably more traffic brought to the area and surrounding road
system due to this development, all of the traffic engineers including Town staff and the
peer review consultant Ms. Long, agree that the Regional Roads servicing this
development will be sufficient to support the proposed development. Technical studies
have been completed to the satisfaction of the Town with the exception of the internal
traffic concerns which are detailed within this report.
Environmental Impact
The detailed environmental studies to support this area were approved as part of the
secondary planning studies and subdivision approval process that has occurred for the
entire business park lands. The lands are currently designated "Business Park" and the
proposed change to Commercial/Retail will not impact the approved environmental reports.
These lands form a portion of a larger "Business Park" and within this larger area two
significant woodlands were protected and detailed storm water plans and other required
studies/plans have all been approved. It is recommended by Staff that a clause be placed
within the site plan agreement for these lands that requires areas within the Plan to be left
vacant for longer than two months from the date of the completion of the works, shall be
graded, seeded and/or sodded, and maintained to the satisfaction of the Director of
Leisure Services.
—46—
GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 12 - Report No. PL05-043
There were also technical issues raised pertaining to the market studies and other
submitted reports that have been considered by the peer reviewteam and addressed with
the final peer review of the application.
In summary, all of the issues raised by the public have been reviewed by staff and the peer
review team. It is our conclusion that these concerns have been adequately addressed.
OFFICIAL PLAN AMENDMENT
The Official Plan Amendment has been included as part of this report as Appendix "A".
This Amendment contains detailed development policies to guide the development of the
retail commercial portion of the overall business park. It is noted that the lands located to
the south of State Farm Insurance have been left as Business Park use and no retail
commercial expansion of approximately 22 acres contiguous to Highway 404 is permitted
by this Amendment.
The Official Plan Amendment adds a new Section 3.4.4 "Business Park - Regional
Commercial Centre", with site -specific policies as follows:
a) The Business Park -Regional Commercial Centre designation applies
to certain lands along the north side of Wellington Street East
between Highway 404 and Leslie Street as shown on Schedule "A"
attached hereto. As detailed in subsections b) to h) inclusive below,
this designation shall maintain underlying policy permissions for
Business Park uses, while also enabling major, regional -serving
retail/service commercial uses on the subject lands. This mix of
permitted uses shall be designed and developed in a manner
compatible with and complementary to the planned business park
uses on adjacent lands to the east, as well as other planned business
park development to the north and south. A key design objective shall
be a cohesive overall development scheme which exhibits a high
standard of urban design, commensurate with the prominent regional
location of the site at this important gateway to Aurora. Development
of the subject lands shall also reflect due regard for the Urban Design
Guidelines of the Wellington Street East Corridor.
b) The underlying use and development policies applicable to Business
Park uses on the subject lands, as set out in Section 3.5 of this
Secondary Plan, shall continue to apply. It is the intent of this Plan
that the Business Park — Regional Commercial Centre be fully
integrated and support the planned function of the surrounding lands
designated Business Park. Expansions of the limits of the Business
Park— Regional Commercial Centre shall not be permitted.
—47—
GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 13 - Report No. PL05-043
c) In addition to the Business Park uses permitted in Section 3.5 of this
Secondary Plan, also permitted on the subject lands are Regional
Commercial uses, including a department store as an anchor along
with a full range of complementary retail and service commercial,
recreational, cultural, office, entertainment, institutional and hospitality
service uses. Commercial uses are anticipated to include a mix of
large-floorplate, mid -size and smaller operators.
d) There shall be a minimum of two (2) primary (large-floorplate) retail
operators having a minimum commercial floor area of 9,300 sq. m.
and 7,000 sq. m. respectively; and,
i) the maximum aggregate commercial floor area for .the
Regional Commercial Centre component shall be
approximately 50,200 sq. m.
ii) Development of regional -serving retail commercial uses shall
occur on a phased basis, with the first full year of operation of
the initial development phase not to occur before 2006.
Appropriate phasing details shall be established on a site -
specific basis through implementing zoning provisions.
e) The primary uses shall be regional -serving in nature. The number and
size of smaller retail uses (under 370 square metres) shall be
controlled through the implementing site specific zoning by-law. It is
not the intent of this Plan that the uses replicate or impairthe planned
functions of other existing commercial areas within the Town. In this
regard certain uses such as liquor stores and beer stores are not
permitted uses at this time in orderto encourage these uses continue
to provide anchor functions within the Yonge Street retail area. A beer
store or liquor store may be established without an amendment to this
Plan, if it is additional to any beer store or liquor store that exists in
the Yonge Street retail area or if such use no longer exists in the
Yonge Street retail area. Any proposal to permit a beer store or a
liquor store may be considered through an application to the
Committee of Adjustment.
f) The development of the subject lands shall be consistent with the
Wellington Street East Corridor (Area 2B) Urban Design Guidelines
prepared by Brook Mcllroy Inc. dated November 2002 and more
specifically with the Aurora Gateway Business Park Urban Design
Guidelines prepared by Turner Fleischer Architects Inc. dated May2,
2005. The development of the lands shall be subject to a site plan
agreement that shall be reviewed in accordance with the Urban
Design Guidelines to ensure pre-eminent site, building and landscape
am
GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 -14 - Report No. PL05-043
design.
g) The development of the site as implemented through a site plan
agreement shall promote efficient on -site circulation to provide
convenient pedestrian and vehicular access to parking areas, loading
spaces, building entrances, adjacent streets, and future transit routes,
having specific regard for the business park/office component.
ZONING BY-LAW AMENDMENT
The Zoning By-law Amendment has been included as part of this report as Appendix "B".
It is noted that cinemas, liquor store and beer store are not a permitted use in order that
existing facilities continue to provide an anchor function in existing retail centres and not re-
locate. An additional liquor store and beer store may be considered in the future subject to
an application being made to the Committee of Adjustment. Planning controls have been
instituted in the By-law, which limit the size of smaller stores in the centre so that they do
not compete directly with other similar stores in the downtown and other community
centres. The intent is to promote larger big box stores with a larger regional draw on the
subject site. This control implements concerns raised by Mr. Morgan in this peer review.
The zoning by-law permits the following uses:
■ animal hospital
• financial institutions
■ financial institutions, drive thru
■ building supply outlet
■ commercial schools
■ department store
■ drug stores
• dry cleaning distribution depot
■ libraries, post offices and government administrative offices
■ medical and dental laboratories
■ office/clinic, medical
• places of entertainment
■ restaurants
■ restaurants, drive thru or take out
■ retail stores, excluding a beer and/or liquor store
■ service shops, light
■ service shops, personal
■ studios
■ supermarket
■ warehouse membership club
—49—
GENERAL COMMITTEE — MAY 17, 2005
May 17, 2005 - 15 - Report No. PL05-043
OPTIONS
Council has the option of adopting Official Plan Amendment No. 58 if they are satisfied with
the Amendment attached to this report. Alternatively, they also have the option of directing
Staff to consider any changes that they feel are necessary.
Council has the Option of approving the implementing by-law at the same time as the
Official Plan provided that they are satisfied that sufficient notice was given in accordance
with Section 34(17) of the Planning Act as detailed within the conclusions section of this
report.
FINANCIAL IMPLICATIONS
The cost of the Peer Reviews is being charged back to the applicants. The applicants have
submitted a Letter of Credit to cover the total upset costs of the peer reviews.
LINK TO STRATEGIC PLAN
The Strategic Plan has goals of well -planned growth and fiscal responsibility; efforts to
balance these goals are pursued to the extent possible in dealing with development
applications.
CONCLUSIONS
Since the public meeting held on September 29, 2004, the peer review team and planning
staff have worked with the representatives of Whitwell to resolve as many issues as
possible including the drafting of an implementing Official Plan Amendment and new
Zoning By-law. The OPA and Zoning By-law attached to this report are in a form that are
recommended for Council approval.
In addition, the concerns of the Region's market analyst have also now been addressed
and Regional staff have no objection to the approval of the subject applications. While
certain market -related issues were raised by some members of the public, the peer review
market analyst has re-examined the reports, and still recommends approval of the
proposed development. It is noted that various controls on the type and size of stores have
been included in the Zoning By-law to assist merchants located primarily in the downtown.
With the exception of the internal traffic circulation issue, all of the other traffic -related
concerns have now been addressed. The peer review team and staff are satisfied that this
remaining issue can be resolved as part of the site plan approval and the applicant has
provided a series of viable options in this respect.
—50—
GENERAL COMMITTEE - MAY 17, 2005
May 17, 2005 - 16 - Report No. PL05-043
The Urban Design Guidelines have been worked on extensively, and provide a rigorous
urban design framework to guide future development of the site. Some minor fine-tuning
may be required as part of the resolution of the internal traffic circulation issue.
All of the other issues raised by the public have been reviewed in detail by the peer review
team and staff. In the opinion of the peer review team and staff, no significant issues
remain that require resolution. Therefore, it is recommended that the subject applications
be approved, and implemented with the adoption of the attached Official Plan Amendment
and Zoning By-law.
The Public Planning Meetings and related notices indicated the type of uses permitted and
the zoning by-law amendment would be required to permit theses uses. The details of the
required by-law were not however fully detailed at such time. Section 34(17) of the
Planning Act indicates where a change is made in a proposed by-law after the holding of
the meeting mentioned in subsection (12), the council shall determine whether any further
notice is to be given in respect of the proposed by-law and the determination of the council
as to the giving of further notice is final and not subject to review in any court irrespective of
the extent of the change made in the proposed by-law. Council shall therefore determine if
the changes to the application require further notice.
ATTACHMENTS
Figure 1 — Location Plan
Figure 2 — Revised Concept Plan
Figure 3 — Region of York Comments
Figure 4 — Economic Development Comments
Figure 5 — Internal Traffic Comments
Appendix A — Official Plan Amendment
Appendix B — Zoning By-law Amendment
Appendix C — Alternative Site Plan Options
PRE -SUBMISSION REVIEW
Management Team Meeting —May 11, 2005
Prepared by. David A. Butler, MCIP, RPP
Consulting Planner to the Town of Aurora
;J
S n Sher ert, M.C.I.P, R.P.P.
Director of Planning
-51-
0
0 250
Metres
Scale 1:10,000
500
LOCATION PLAN
APPLICANT: WHITWELL DEVELOPMENTS LIMITED
(FIRST PROFESSIONAL) SUBJECT LANDS AURORA
FILE: D09-10-03 & D14-28-03
AURORA PLANNING DEPARTMENT
DATE: MAY 17, 2005 FIGURE 1
Location Plan created by the Town of Aurora Planning Departmen52afch 9th,'2004. Modified May 9th, 2005. Base data provided by York Region.
- MAT lY
FIGURE 2
-53-
2005-&tAWJL-3t0W�TlfV�on rMAY'9''l, 200b05) 895-3203 >r 4n5 726 4736 P 2/2
t,
a
March 4, 2005
Sue Seibert
Director of Planning
Town of Aurora
1 Municipal Drive
Box 1000
Aurora, ON LAG 6J1
Dear Ms. Seibert,
Plrtaininfi and Dcvelnliment Swv;uI Dvpg,-1F ent
Re: Aurora Gateway Centtre
Wlritwell Developments Limited (Town File No. D09-10-03)
Market Impact Analysis
The applicant retained Malone Given Parsons, to prepare a Region -wide market impact study
in accordance with the requirements outlined in Section 3.3.6 of the Regional Official Plan
(ROP). To assist in our review of the study, the Region retained John Winter and Associates
to undertake a peer review of the study to ensure that the criteria set out in the ROP were met.
Mr. Winter's peer review has now been completed and a copy is attached to this letter.
The Region is now satisfied that the market impact study and the Town's draft Official Plan
Amendment address the market impact criteria of the ROP. As such, Regional Planning staff
have no objections to Town Council considering Whitwell's Official Plan Amendment
application for the Gateway Centre.
Should you have any questions, please contact me at 905-830-44414, ext 1568.
Y�
al s Stiver, TP,
Senior Planner
is/
Encl.
cc. Mary Bull, Wood Bull
D. Sinclair
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T& Keginnnl Municipality °f Lurk, 172.50 11mge.5'treeo, Newmarket, Onrrria L3Y 6Z1
Tel; 905-890-4444. 1.877-464-Y02K, Prx: 905-895 3482
betnrnetr auunu. regino.york.nn.a�
FIGU�3
GENERAL COMMITTEE — MAY 17, 2005
To: Jim Kyle, Manager, Policy Planning
From: Dino Lombardi, Economic Development Officer
Date: March 11, 2005
Re: Whitwell Developments Limited (First Professional) — File #s D09-
10-03 & D14-28-03 — Updated Economic Development Division
Comments
This Memorandum from the Economic Development Division is being forwarded in
response to your E-mail March 8th requesting additional comments re the above -
referenced application. Staffs comments are provided to augment those that have
already been forwarded to you in previous memoranda (i.e., September 29, 2004,
January 24, 2005 Aurora Gateway Business Park Urban Design Guidelines), as well
as in an E-mail dated February 15, 2005 (responding to issues raised by a local
resident).
In my September 29th Memorandum, I confirmed that this Division's perspective in
reviewing the subject applications is, principally, to encourage a project that
maintains the integrity, functionality and marketability of the proposed office/business
park lands within this development. I also acknowledged and re -affirmed the
Division's general support for the applicant's revised Concept Plan, as submitted to
the Town in August of 2005.
That Plan represented a further evolution of the proposed Concept by incorporating
improvements to the office/business campus component of the development,
including; increasing the overall acreage of the office/business park lands; orienting
the business park lands to augment the State Farm project to the north; and,
focusing the major retail uses in the west quadrant of the site.
With respect to other issues raised in my Memorandum to Council, I believe that
most have now been addressed to this Division's satisf he followin manner:
TOWN OF AURORA
PLANNING DEPARTMENT
RjV
09M
INITIALS
• Page 1 ,
FIGIJR,E 4 ACTION
GENERAL COMMITTEE — MAY 17, 2005
Y Retention of Employment Lands
Staff is confident that Council has sufficiently addressed the issue of the
retention of employment lands in Aurora through the recent adoption of
Official Plan Amendment (OPA) #55, the Town of Aurora's Employment
Retention Strategy. The policies contained in the Amendment clearly
recognize and emphasize the importance of protecting and retaining
employments lands in the Town, in general, and in the Highway 404 Business
Park, in particular. As a result, any future attempt to redesignate the
employment -lands within this development will be subject to the policies in
OPA #55.
Integration with Commercial Centre
Staff is satisfied that the office/business park component of this proposed
development will be specifically defined, through urban design elements, so
as not to be overwhelmed by the commercial centre. These elements, in
addition to attention to architectural design and building massing, will create a
distinct, internal precinct that should support the planned function of this
employment node.
➢ Marketing the Employment Lands
Staff has been advised by Whitwell Developments that they anticipate
retaining and developing the office/business park lands over the long-term.
As such, the applicant is currently preparing marketing materials to promote
these lands to prospective tenants. Although recent marketing efforts by the
landowners have been focused on the commercial/retail uses within this
development, the applicant has approached Town staff in an effort to solicit
assistance in jointly promoting the planned employment lands.
One final issue, however, requires further review and discussion with the applicant,
as it may impact on the long-term viability of the office/business park lands in this
development.
Economic Development Division staff continues to concur with the Planning
Department in recommending that the applicant explore other more direct options
than that proposed in the current Concept Plan to provide access to these lands
Forcing office/business park workers to navigate internal roadways and expansive
parking areas to reach these lands is not only impractical but will also result in
vehicular conflicts and driver frustration. Any future success in marketing these
business park lands and maintaining their enduring viability may depend on providing
users with more direct and unambiguous access that does not compete with
commercial/retail visitors.
As noted in my January 24th Memorandum (re a review of the draft Urban Design
Guidelines for this project), the proposed access point in the Concept Plan that
provides access to the office/business park lands as illustrated in the draft Guidelines
• Page 2
—56—
GENERAL COMMITTEE — MAY 17, 2005
document, requires further design review. Although this internal east/west roadway
(identified as The Promenade in the draft Guidelines document) is denoted as a
major private boulevard accommodating access to and from the office/business park
lands, its design lacks the identity and functionality to serve successfully as a primary
entrance leading to the employment lands.
If the applicant continues to argue that this is the only feasible roadway available
within this development to facilitate principal access, then a more direct and formal
entranceway must be designed to recognize the utility of the road and to eliminate
the requirement to traverse unnecessary internal paths adjacent to retail parking
courts.
This Division's comments are provided for your consideration and for incorporation as
part of general staff comments in the Planning Department's report to Council
regarding the above -referenced applications. Please advise if you require any further
clarification of these comments.
Dino Lombardi, MCIP, RPP
Economic Development Officer, Ext. 4742
C. c. S. Somerville, Interim CAO
S. Seibert, Director, Planning Department
D. Vrancic, Chair, Economic Development Advisory Committee
e Page 3
—57—
GENERAL COMMITTEE - MAY 17, 2005
Date: March 8, 2005
To: Jim Kyle
Town of Aurora
From: Adrienne Long
M E M O
Project No. 71234
cc: David Atkins
Bent Jefferson
David Butler
Subject: Aurora Gateway Centre —Internal Traffic Circulation
A review of the internal traffic circulation of the Aurora Gateway Centre has been undertaken
on the proposed layout and a number of issues have been identified which are documented in
this memo.
Under the proposed site layout, all traffic traveling along Wellington Road, Leslie Street or
Highway 404, destined to and from the Aurora Gateway Centre must enter and exit the site
via driveways located on First Commerce Drive. One partial moves access allowing right-
in/right-out movements (Driveway 8) and one signalized full moves access (Driveway 7)
onto First Commerce Drive serves almost all of the traffic generated by the 680,000 sq. ft. of
development ( 320,000 sq.ft. retail and approximately 360,000 sq.ft. of office space) located
on the east parcel of the Aurora Gateway Centre (see Figure 1 attached). It is recognized that
there is a third driveway serving the east parcel of the Aurora Gateway Centre, however, the
location and restricted movement (right -in -right out at the rear of the main retail centre) of
Driveway 2 is not expected to attract a significant amount of traffic. Based on the iTRANS
traffic report for Aurora Gateway Centre, these two access points will service a traffic
demand of approximately 771 vehicle trips during the am peak hour, 1612 vehicle trips
during the pm peak hour and 2134 vehicle trips during the Saturday peak hour (based on
proxy site trip rate) destined to and from the developments on the east side of First
Commerce Drive. The signalized access also services a majority of the traffic movement in
and out of the Aurora Gateway development located on the west side of First Commerce
Drive. This is a significant amount of traffic for the two driveways.
With the site access on only on the west side of the site, most of the site activity will be
concentrated in this area and there will be considerable amount of on -site congestion
expected at Driveways 7 and 8 given the number of vehicle trips to be generated by the
proposed development. Under the current layout, all the traffic generated by the office
development located at the east portion of the site must travel through the commercial area to
access the adjacent road system. Significant vehicle queuing and congestion is expected
during the pm peak hour and Saturday peak hours in the westbound direction, outbound from
retail site particularly at Driveway 7. Vehicles exiting the site Driveway 7 are expected to
queue past the first two internal driveways which will create delays to the inbound traffic,
which in turn will impact traffic operations at the signalized intersection at First Commerce
Drive. The traffic analysis indicates that the westbound left turn movement exiting the site at
the signalized intersection will have queue lengths between 80 to 90 in in each lane which
would likely queue past the first two internal driveway locations blocking the access for
inbound traffic destined to the major tenant in the Centre. Vehicles queuing in the inbound
lane wanting to cross the outbound queue could block the remaining inbound movements
interfering with the inbound movements at Driveway 7.
EarthTech
A ud5i8emational Ltd. company FIGURE 5
GEN�-AJSlc�gWlc,Tlgra— MAY 17, 2005 ProjectNo.71234
Aurora Gateway Centre MEMO Page 2
March 8, 2005
One possible solution to address the issues outlined above would be a connection to State
Farm from the Aurora Gateway Centre. Benefits to the site with a connection to State Farm
(approximate location identified as Access A on the attached Figure 1) are outlined below.
From a site planning perspective, this connection would provide a direct linkage, for both
pedestrian and autos between the State Farm office and the Aurora Gateway Centre,
minimizing traffic movements along First Commerce Drive. It would also provide a
convenient route for future transit service for the retail and future office development on the
Aurora Gateway Centre site and would provide improved transit service to the State Farm
office complex. A secondary access point (Access A) at the specified location will help
redistribute the traffic entering and exiting the Aurora Gateway Centre from the main access
points on First Commerce Drive to an alternate route further east into the site, which would
encourage better on -site circulation of traffic, better distribution of traffic on -site (instead of
all traffic entering in essentially one location, traffic will access the site via two different
locations on —site) and reduce traffic movements in front of the commercial store therefore
reducing potential collisions involving pedestrians. Another benefit of providing Access A is
the uniform distribution of parking throughout the site instead of having everyone parked at
the west end of the site, close to the access point if Access A is not provided.
This connection will provide an alternate route for office trips on the Aurora Gateway site to
access the adjacent road system without having to travel through the retail component of the
site which will improve the on -site safety by reducing potential conflicts between the office
and a majority of the retail/commercial traffic and pedestrians. The reassignment of vehicle
trips to another access point will also assist in reducing vehicle demand for critical
movements, reducing potential vehicle queuing and congestion. Vehicles parked at the east
side of the site no longer have to enter or exit passing in front of the proposed store, but can
enter or exit the site through Access A. On a Saturday, when the office traffic is minimal,
the secondary access can service the retail component and assist in reducing the congestion
and queuing not only at the main signalized access point to the Centre, but also at the
adjacent signalized intersections such as First Commercial Drive and State Farm Way.
Based on a preliminary review of the proposed alignment of the east leg of State Farm Way
(Grading plan dated August 13, 2003 issued for site plan approval by Pitura Husson Limited
and Robbie/Young+Right Architects Inc. for State Farm Insurance Aurora Operations
Center), it appears that this roadway is designed to be a low speed road. From the drawing, it
appears that an access to the Aurora Gateway Centre at a point approximately 150 to 170 in
east of the First Commerce Drive intersection appears to be feasible and will be capable of
providing sufficient stopping sight distance for motorists along this section of State Farm
Way.
Based on our review, there are a number of concerns with the internal circulation as currently
proposed. We suggest the applicant review alternatives to resolve issues identified.
Please call if you have any questions on the above information.
File Location: P:\PROJECTS\2003\71234_Aurom Peer Review\docs\corresp\State Farm connection(tWarch7.doc
EarthTech
Aiy6l®emational Ltd. Company
GENERAL COMMITTEE — MAY 17, 2005
m
GENERAL COMMITTEE - MAY 17, 2005
APPENDIX A
AMENDMENT NO. 58
TO THE OFFICIAL PLAN
FOR THE TOWN OF AURORA
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GENERAL COMMITTEE - MAY 17, 2005
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4668-05.D
BEING A BY-LAW to adopt Official Plan Amendment No. 58
The Council of the Corporation of the Town of Aurora, under Section 17 (22) of the
Planning Act, RSO 1990 Chapter P. 13 as amended, hereby enacts as follows:
1. Official Plan Amendment No. 58 for the Town of Aurora, consisting of the
attached explanatory text and schedules, is hereby adopted.
2. The Clerk is hereby authorized and directed to make such application on behalf
of the Corporation and to execute under the Corporate Seal such documents as
may be required for the above purposes.
3. This By-law shall come into force and take effect on the day of the final passage
thereof.
READ A FIRST, SECOND AND THIRD TIME THIS DAY OF ,2005.
T. JONES, MAYOR
B. PANIZZA, MUNICIPAL CLERK
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GENERAL COMMITTEE — MAY 17, 2005
AMENDMENT NO. 58
TO THE
OFFICIAL PLAN FOR THE
TOWN OF AURORA PLANNING AREA
The Amendment No. 58 to the Official Plan for the Town of Aurora Planning Area which
was adopted by the Council of the Corporation of the Town of Aurora is hereby
approved under Sections 17 and 21 of the Planning Act.
Neil Garbe,
Director of Development Services
Regional Municipality of York
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GENERAL COMMITTEE — MAY 17, 2005
AMENDMENT NO. 58
TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA
STATEMENT OF COMPONENTS
PAGE
PART I — THE PREAMBLE
1.
Introduction 1
2.
Purpose of The Amendment 1
3.
Location 1
4.
Basis of The Amendment 1
PART II —THE AMENDMENT
1. Introduction 5
2. Details of The Amendment 5
3. Implementation and Interpretation 7
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GENERAL COMMITTEE — MAY 17, 2005
PART I — THE PREAMBLE
1. Introduction
This part of the Amendment, entitled Part I — The Preamble, explains the purpose and
location of this Amendment, and provides an overview of the reasons for it. It is for
explanatory purposes only and does not form part of the Amendment.
2. Purpose of The Amendment
The purpose of this Amendment is to establish a combined land use designation of
"Business Park -Regional Commercial Centre and related site -specific policies for the
subject lands, which are located on the north side of Wellington Street East, west of
Highway 404, as shown on Schedule "A" attached hereto and forming part of this
Amendment.
This combined designation is intended to permit regional -serving retail commercial
uses, in addition to those uses already permitted by the underlying "Business Park"
designation previously approved for the subject lands in Official Plan Amendment No.
30, the Bayview Northeast Area 2B Secondary Plan. In tandem with planned business
park uses on the easterly balance of the lands currently under the same ownership, the
resultant integrated development is to be known as the "Aurora Gateway Centre", which
will form a component of the larger "Aurora Gateway Business Park."
3. Location
The lands which are affected by this Amendment are located within Part of Lot 21,
Concession 3, in the Town of Aurora, as schematically shown on Schedule "A". The
subject lands are generally bounded to the east by vacant lands planned for business
park uses (fronting Highway 404) on lands currently under the same ownership,
Wellington Street East to the south, Leslie Street to the west, and the future corporate
office complex (and associated business park uses) of State Farm Insurance to the
north.
4. Basis of The Amendment
A regional retail centre has been anticipated by the Aurora Official Plan since the early
1990's, in a location to be focused somewhere along the Wellington Street East
corridor. The 1991 Plan called for the exact location to be determined through a
secondary planning study for that area.
The ensuing secondary planning and market studies that were contemplated by Section
3.2.6 of the 1991 Plan were completed for Aurora in 1993, largely prompted by three
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GENERAL COMMITTEE — MAY 17, 2006
parallel applications for major retail facilities in the Wellington Street East area.
It was concluded that there was indeed longer -term potential for a regional retail centre
in Aurora — preferably in the vicinity of Highway 404 — but it was also recognized that
such a facility would not likely be warranted for a period of 10 years or more.
Accordingly, no specific site was designated for regional retail purposes at that time, in
anticipation of a future proposal appropriately supported by the requisite studies, when
warranted by market conditions and other planning considerations.
Locating a regional retail centre in the Wellington Street East corridor is consistent with
the planned commercial structure and hierarchy of Aurora and consistent with the Plan's
commercial goal (in Section 3.2) to provide "A full and viable range of commercial
centres, at the regional, community and neighbourhood levels ... (to meet)... the material,
social and employment needs of the people in Aurora."
This broader policy intent was re -affirmed through the adoption and approval of Aurora
Official Plan Amendment No. 30, the Secondary Plan for the Bayview Northeast Area
2B planning precinct, which includes the subject lands.
OPA 30 provides, among other things, that:
"Regional -serving Retail Commercial uses shall be considered by the Town subject to a
public process and amendment to this Plan on lands designated Business Park on the
north side of Wellington Street between Leslie Street and Highway 404..." (S. 3.4.1(b))
The subject lands are located on the north side of Wellington Street East between
Leslie Street and Highway 404, and thus, are at the location contemplated for a
regional -serving retail commercial centre in Aurora.
The policies of that secondary plan, Section 3.4.1(b), expressly contemplate the
submission and consideration of a proposal (by Official Plan Amendment) for a regional -
serving retail commercial centre, within the broader business park context planned for
the lands adjacent to Highway 404.
At the same time, the addition of this major retail component is not to be accommodated
at the expense of the long-term viability, functionality and attractiveness of that planned
business park, given the prominence of its location at this strategic gateway to urban
Aurora.
GENERAL COMMITTEE — MAY 17, 2005
Before approval of the regional commercial designation can be obtained, a number of
requirements must be satisfied — including pre-eminent design, comprehensive
planning, acceptable impacts on surrounding uses, and the provision of acceptable
market and traffic studies.
The Aurora Gateway Centre development proposal has been supported by a
comprehensive range of appropriate studies, to address Official Plan requirements and
other matters, including market feasibility and impact, traffic impact, economic impact,
functional servicing, urban design and land use planning considerations.
These studies have provided a foundation for this Amendment, which is seen to be
appropriate on the following land use planning grounds:
• all of the relevant site location and other suitability factors indicate that the
subject lands are very well -suited to the proposed regional -serving
commercial uses;
• the development proposal reflects due regard for the relevant aspects of the
Provincial Policy Statement;
• the proposal accords with all of the relevant considerations and requirements
in the York Region Official Plan;
• the Oak Ridges Moraine Conservation Plan does not impinge on the
development potential of the site;,
• the subject proposal will provide a viable complement to the Town's existing
and planned commercial structure and hierarchy, and thereby notably
improve current and future levels of retail service to Aurora's residents;
• the proposed development will benefit both the Town's economy and sense
of community;
• the Town's market study (feasibility and impact) requirements have been
appropriately met, with a particular focus on relevant public interest
concerns;
• the results of the market study support the appropriateness of the proposed
region -serving retail centre, from market feasibility and impact perspectives;
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GENERAL COMMITTEE — MAY 17, 2005
• the Plan's various policy requirements which relate to the consideration of a
regional commercial development on the subject lands have all been
appropriately addressed by this proposal; furthermore, the current proposal
seeks to fulfill a long -recognized potential to serve a regional retail market
from this strategic location;
• the supporting economic analysis shows that the Town's longer -term supply
of employment lands will be adequate to meet projected needs, in the
context of the prospective region -serving retaillservice commercial facility on
the subject lands, at the scale proposed, and;
• the subject development proposal reflects due regard for the symbolic
importance and related urban design emphasis placed on the site and vicinity
by the Town's planning policy regime.
GENERAL COMMITTEE — MAY 17, 2005
PART II — THE AMENDMENT
Introduction
All of this part of the document entitled Part II — The Amendment, consisting of the
following text and attached map designated as Schedule "A" (Land Use Plan),
constitutes Amendment No. 58 to the Official Plan for the Town of Aurora.
2. Details of The Amendment
The Official Plan of the Town of Aurora is hereby amended as follows:
Item (1): Schedule "AA" Land Use Plan, being part of the Bayview Northeast Area 2B
Secondary Plan (Official Plan Amendment No. 30), is amended by changing
the land use designation for the lands described as Part of Lot 21,
Concession 3 EYS, from `Business Park" to 'Business Park - Regional
Commercial Centre, as shown on Schedule "A" attached hereto and forming
part of this amendment.
Item (2): Section 3.4 Commercial Policies of the Bayview Northeast Area 2B
Secondary Plan (Official Plan Amendment No. 30) is hereby amended as
follows:
1) subsection 3.4.1 b) is deleted in its entirety and replaced with the
following:
"The development of lands at Highway 404 has been identified by Council
as a high priority, with an intent to encourage high quality building and site
design in the near to long term. These lands, as shown on the attached
Schedule "A", are designated for a combination of Business Park and
Business Park - Regional Commercial Centre uses, in recognition of the
high visibility and accessibility of lands between Leslie Street and Highway
404, and the attractiveness of this location for uses serving not only the
growing population of Aurora but also the surrounding urban and rural
areas. The development of these lands shall subject to site plan approval
to ensure pre-eminent site, building and landscape design"
2) subsection 3.4.1.c) is amended by the addition of the words Vi) Business
Park - Regional Commercial Centre" as a third classification in the list of
commercial categories established by this Secondary Plan, and by the
deletion of the subsequent sentence which reads, "A Regional -serving
Retail Commercial designation may be added by amendment to this Plan
subject to Section 3.4.1 b) of this Plan."
GENERAL COMMITTEE — MAY 17, 2005
3) a new Section 3.4.4 "Business Park - Regional Commercial Centre' is
added, with site -specific policies as follows:
a) The Business Park -Regional Commercial Centre designation
applies to certain lands along the north side of Wellington Street
East between Highway 404 and Leslie Street as shown on
Schedule "A" attached hereto. As detailed in subsections b) to h)
inclusive below, this designation shall maintain underlying policy
permissions for Business Park uses, while also enabling major,
regional -serving retail/service commercial uses on the subject
lands. This mix of permitted uses shall be designed and developed
in a manner compatible with and complementary to the planned
business park uses on adjacent lands to the east, as well as other
planned business park development to the north and south. A key
design objective shall be a cohesive overall development scheme
which exhibits a high standard of urban design, commensurate with
the prominent regional location of the site at this important gateway
to Aurora. Development of the subject lands shall also reflect due
regard for the Urban Design Guidelines of the Wellington Street
East Corridor.
b) The underlying use and development policies applicable to
Business Park uses on the subject lands, as set out in Section 3.5
of this Secondary Plan, shall continue to apply. It is the intent of this
Plan that the Business Park — Regional Commercial Centre be fully
integrated and support the planned function of the surrounding
lands designated Business Park. Expansions of the limits of the
Business Park — Regional Commercial Centre shall not be
permitted.
c) In addition to the Business Park uses permitted in Section 3.5 of
this Secondary Plan, also permitted on the subject lands are
Regional Commercial uses, including a department store as an
anchor along with a full range of complementary retail and service
commercial, recreational, cultural, office, entertainment, institutional
and hospitality service uses. Commercial uses are anticipated to
include a mix of large-floorplate, mid -size and smaller operators.
d) There shall be a minimum of two (2) primary (large-floorplate) retail
operators having a minimum commercial floor area of 9,300 sq. m.
and 7,000 sq. m. respectively; and,
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GENERAL COMMITTEE — MAY 17, 2005
i) the maximum aggregate commercial floor area for the
Regional Commercial Centre component shall be
approximately 50,200 sq. m.
ii) Development of regional -serving retail commercial uses shall
occur on a phased basis, with the first full year of operation
of the initial development phase not to occur before 2006.
Appropriate phasing details shall be established on a site -
specific basis through implementing zoning provisions.
e) The primary uses shall be regional -serving in nature. The number
and size of smaller retail uses (under 370 square metres) shall be
controlled through the implementing site specific zoning by-law. It is
not the intent of this Plan that the uses replicate or impair the
piannea Tuncuons oT otner existing commerciai areas witnin the
Town. In this regard certain uses such as liquor stores and beer
stores are not permitted uses at this time in order to encourage
these uses continue to provide anchor functions within the Yonge
Street retail area. A beer store or liquor store may be established
without an amendment to this Plan, if it is additional to any beer
store or liquor store that exists in the Yonge Street retail area or if
such use no longer exists in the Yonge Street retail area. Any
proposal to permit a beer store or a liquor store may be considered
through an application to the Committee of Adjustment.
f) The development of the subject lands shall be consistent with the
Wellington Street East Corridor (Area 2B) Urban Design Guidelines
prepared by Brook Mcllroy Inc. dated November 2002 and more
specifically with the Aurora Gateway Business Park Urban Design
Guidelines prepared by Turner Fleischer Architects Inc. dated May
2, 2005. The development of the lands shall be subject to a site
plan agreement that shall be reviewed in accordance with the
Urban Design Guidelines to ensure pre-eminent site, building and
landscape design. The master plan included within the Urban
Design Guidelines is conceptual and may be revised during the site
plan process provided such revisions are in accordance with the
objectives of the Guidelines.
g) The development of the site as implemented through a site plan
agreement shall promote efficient on -site circulation to provide
convenient pedestrian and vehicular access to parking areas,
loading spaces, building entrances, adjacent streets, and future
transit routes, having specific regard for the business park/office
component.
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GENERAL COMMITTEE — MAY 17, 2005
h) Subsection 3.5.2 e) is deleted in its entirety, and the subsequent
subsections f), g) and h) are re -labeled e), f) and g), respectively.
3. Implementation and Interpretation
This Amendment has been considered in accordance with the approved site specific
principles within OPA 30 which apply only to the subject lands rather than the provisions
of Sections 3.3.1.1, 3.3.1.2 and 3.2.6 of the Aurora Official Plan. The implementation
and interpretation of this Amendment shall be in accordance with the respective policies
of the Aurora Official Plan and the Bayview Northeast Area 2B Secondary Plan (Official
Plan No. 30.)
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GENERAL COMMITTEE — MAY 17, 2005
EXPLANATORY NOTE
Re: Official Plan Amendment No. 58
Official Plan Amendment No. 58 has the following purpose and effect:
The application will replace the 'Business Park" designation on the north side of
Wellington Street east of Leslie Street to "Business Park - Regional Commercial
Centre".
The Business Park - Regional Commercial Centre designation will permit approximately
540,000 square feet of commercial development on the site including a department
store, warehouse membership club, either a large format supermarket or a home,
improvement outlet, ancillary retail uses, and service commercial uses (restaurants,
personal services). The designation will also maintain underlying policy permissions for
Business Park uses.
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