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AGENDA - General Committee - 20150113GENERAL COMMITTEE MEETING AGENDA TUESDAY,JANUARY 13,2015 7 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE January 9,2015 TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA Tuesday,January 13,2015 7 p.m. Council Chambers Councillor Abel in the Chair 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF 2.APPROVAL OF THE AGENDA RECOMMENDED: THAT the agenda as circulated by Legal and Legislative Services be approved. 3.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION 4.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION 5.DELEGATIONS 6.PRESENTATIONS BY THE ADVISORY COMMITTEE CHAIR 7.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION General Committee Meeting Agenda Tuesday,January 13,2015 Page 2 of 10 8.NOTICES OF MOTION (a)Councillor Mrakas pg.192 Re:Pilot Project for Left Turn Restrictions at Intersection of Yonge Street and Wellington Street (b)Mayor Dawe pg.193 Re:Street Parking Plan for the Downtown Core (c)Mayor Dawe pg.195 Re:Community Radio Station 9.NEW BUSINESS/GENERAL INFORMATION 10.CLOSED SESSION 11.ADJOURNMENT General Committee Meeting Agenda Tuesday,January 13,2015 Page 3 of 10 AGENDA ITEMS 1.CAO15-001 –Awarding of Contracts During the Election Period pg.1 RECOMMENDED: THAT Report No.CAO15-001 be received for information. 2.BBS15-001 –Accessibility 2014 Election Report pg.5 RECOMMENDED: THAT Report No.BBS15-001 be received for information. 3.BBS15-002 –Parking Regulations and Enforcement pg.13 RECOMMENDED: THAT Report No.BBS15-002 be received for information. 4.BBS15-003 –Request for Sign Variance to Sign By-Law No.4898-07.P pg.16 for Country Wide Homes Ltd.,15624 Leslie Street RECOMMENDED: THAT Report No.BBS15-003 be received;and THAT Council approve a request for variance to Sign By-law No.4898-07.P for the Country Wide Homes Ltd.residential development sales office at 15624 Leslie Street to allow five (5)residential development signs whereas Sign By-law 4898-07.P permits a maximum of two (2)residential development signs;and THAT Council approve a request for variance to Sign By-law No.4898-07.P to allow 75.6m2 of residential development sign area whereas Sign By-law 4898- 07.P restricts the area of residential development signs to 20m2. 5.CFS15-002 –Development Charge Deferral Agreement –Salvation Army pg.25 RECOMMENDED: THAT Report No.CFS15-002 be received;and General Committee Meeting Agenda Tuesday,January 13,2015 Page 4 of 10 THAT Council approve the deferral of Development Charges in respect of the property at 15338 Leslie Street owned by the Salvation Army Central York Region until a change of use or ownership occurs,in accordance with the Town’s Development Charge By-law 5585-14 Section 3.5;and THAT the Mayor and Town Clerk be authorized to execute the necessary agreement,including any and all documents and ancillary agreements required to give effect to same. 6.IES15-001 –Facility Projects Status Report pg.29 RECOMMENDED: THAT Report No.IES15-001 be received;and THAT all eligible costs related to capital improvements be incorporated into this project to maximize use of development charge funding;and THAT the Budget for the Aurora Family Leisure Complex Renovations (Capital Project 74004)be increased by $593,113 to a revised budget of $7,592,462;and THAT the increase in the Budget for the Aurora Family Leisure Complex Renovations (Capital Project 74004)be funded from the Development Charges Reserve in the amount of $533,800,and from the Cash in Lieu of Parkland Reserve in the amount of $59,313. 7.IES15-002 –Early Approval of Capital Reconstruction Projects pg.44 RECOMMENDED: THAT Report No.IES15-002 be received;and THAT Council grant early approval for the following 2015 capital reconstruction projects in advance of budget approval: Capital Project 31096,Reconstruction of Bluegrass Drive,Steeplechase Avenue,Woodsend Crescent and Skyview Lane ($1,800,000); Capital Project 31101,Reconstruction of Vandorf Sideroad ($1,200,000 – 2015 budget request); Capital Project 31112,Reconstruction of Industrial Parkway South from Wellington Street to Industry Street and Industry Street from Industrial Parkway South to Mary Street ($1,995,000); General Committee Meeting Agenda Tuesday,January 13,2015 Page 5 of 10 Capital Project 42053,Rehabilitation of Culvert on Yonge Street, approximately 220m north of Kennedy Street,($445,000);and Capital Project 31103,Reconstruction of Centre Street,Phase 1 –from Spruce Street to Walton Drive ($802,000). 8.IES15-003 –School Travel Planning for Regency Acres Public School pg.58 RECOMMENDED: THAT Report No.IES15-003 be received;and THAT three-way stop sign control be installed at the intersection of Willis Drive and Seaton Drive;and THAT the necessary by-law be introduced to implement the above recommendation;and THAT “No U-TURN”signs be installed for the northbound and southbound directions of Murray Drive in front of Regency Acres Public School;and THAT notice of Council’s decision be sent to Regency Acres Public School. 9.IES15-004 –York Public Buyers Cooperative Fuel Supply Tender Award pg.70 RECOMMENDED: THAT Report No.IES15-004 be received;and THAT York Purchasing Co-op Fuel Supply Tender No.CRFT 2014-07,as issued by the Regional Municipality of York for the Supply and Delivery of Gasoline and Diesel Fuels to the Municipalities,be awarded to Valero Energy Incorporated for a five (5)year term for the supply and delivery of Ethanol (10%)Blended Gasoline;and THAT York Purchasing Co-op Fuel Supply Tender No.CRFT 2014-07,as issued by the Regional Municipality of York for the Supply and Delivery of Gasoline and Diesel Fuels to the Municipalities,be awarded to Canada Clean Fuels Incorporated for a five (5)year term for the supply and delivery of #1 Diesel Ultra Low Sulphur and B10 Diesel Fuel;and THAT the Town issue the purchase order for Valero Energy Incorporated,for costs not to exceed $100,000,excluding taxes for 2015;and THAT the Town issue the purchase order for Canada Clean Fuels Incorporated, for costs not to exceed $140,000,excluding taxes for 2015;and General Committee Meeting Agenda Tuesday,January 13,2015 Page 6 of 10 THAT the Director of Infrastructure and Environmental Services be authorized to approve Purchase Orders for the years 2016,2017,2018 and 2019 to an upset limit of the approved budget for each year. 10.IES15-005 –Aurora Family Leisure Complex Arena Mould Investigation pg.73 RECOMMENDED: THAT Report No.IES15-005 be received;and THAT a budget of $136,580 be approved for capital expenditures related to the initial investigation and immediate remediation of portions of the warm seating area within the viewing deck of the ice rink;and THAT this budget be funded from the facilities repair and replacement reserve; and THAT cleaning of mould and removal of materials in the viewing areas on the south portion of the ice rink be awarded to A&O Contracting Inc.in the amount of $51,719.86 excluding taxes. 11.IES15-006 –Purchase Order Increase for Supply &Delivery of Fuel pg.79 RECOMMENDED: THAT Report No.IES15-006 be received;and THAT purchase order 103 (Valero Energy Inc.)be increased by $34,000 to an upset limit of $260,000,excluding taxes. 12.LLS15-001 –Legal &Legislative Services –Organizational Update pg.81 RECOMMENDED: THAT Report No.LLS15-001 be received for information. 13.LLS15-002 –Amendment to Subdivision Approval Conditions pg.89 (Cash-in-Lieu of Parkland)–Addison Hall Business Park 2351528 Ontario Limited and Aurora-Leslie Developments Limited 15775 &15625 Leslie Street Part of Lots 23 &24,Concession 3 File:D12-01-14 General Committee Meeting Agenda Tuesday,January 13,2015 Page 7 of 10 RECOMMENDED: THAT Report No.LLS15-002 be received;and THAT Condition No.12 of the Draft Plan of Subdivision Conditions of Approval for File:D12-01-14 be deleted and replaced with the following wording: “12.The Owner shall covenant and agree in the Subdivision Agreement to satisfy any cash-in-lieu of parkland requirements to the satisfaction of the Town Solicitor and the Director of Parks &Recreation Services in accordance with:(a)the Town’s By-law Number 4291-01.F,as amended or successor thereto and applicable policies;OR (b)a combination of a conveyance of lands pursuant to Condition No.54 and payment of cash- in-lieu of parkland at a rate of 1.513%per lot valued as of the day before the day a building permit is issued in respect of any development on each lot (notwithstanding any provisions to the contrary contained in the Town’s By-law Number 4291-01.F,as amended or successor thereto and applicable policies).”;and THAT Condition No.54 of the Draft Plan of Subdivision Conditions of Approval for File:D12-01-14 be deleted and replaced with the following wording: “54.The Owner shall covenant and agree in the Subdivision Agreement to convey certain lands to the Town as open space/trail lands,in accordance with the required Trail Location Plan,at no charge and free of all encumbrances,to the satisfaction of the Director of Parks & Recreation Services and the Town Solicitor.” 14.LLS15-007 –2015 Insurance Program Renewal pg.101 RECOMMENDED: THAT Report No.LLS15-007 be received;and THAT Council authorize the renewal of the Town’s insurance coverage with BFL CANADA Risk and Insurance Services Inc.(“BFL”)for 2015 based on the insurance premium amount of $574,073.00 plus PST,and maintain the existing $10,000 deductible limits for the insurance policy in 2015;and THAT the Mayor and Town Clerk be authorized to execute any necessary agreements or documentation required to give effect to the same;and THAT staff be directed to issue a Request for Proposals to obtain competitive insurance rates for 2016,and that staff invite the Town’s N6 municipal partners to participate in same. General Committee Meeting Agenda Tuesday,January 13,2015 Page 8 of 10 15.LLS15-008 –Highland Gate Golf Club –One-Foot Reserves pg.146 RECOMMENDED: THAT Report No.LLS15-008 be received;and THAT staff place additional information about the Highland Gate Golf Club property on the Town's website as new information is obtained. 16.PL15-001 –Site Plan Amendment Application pg.153 Karma Tekchen Zabsal Ling Centre (KTZL) 13900 Leslie Street File:SP-2014-05 RECOMMENDED: THAT Report No.PL15-001 be received;and THAT Site Plan Application File SP-2014-05 (KTZL)be approved to permit the development of the subject lands for the conversion of the existing building to an institutional use permitted by the Amending Zoning By-law;and THAT Council enact the related Zoning By-law Amendment at a future Council Meeting;and THAT the Mayor and Town Clerk be authorized to execute the Site Plan Agreement,including any and all documents and ancillary agreements required to give effect to same. 17.PL15-002 –Comprehensive Zoning By-law Review,Status Update pg.167 File No.ZBA-2012-ZBR RECOMMENDED: THAT Report No.PL15-002 be received for information. 18.Memorandum from Director of Infrastructure &Environmental Services pg.180 Re:Correspondence from Regency Acres Public School Re:Item 8 –IES15-003 –School Travel Planning for Regency Acres Public School RECOMMENDED: THAT the memorandum regarding Correspondence from Regency Acres Public School be received for information. General Committee Meeting Agenda Tuesday,January 13,2015 Page 9 of 10 19.Memorandum from Director of Corporate &Financial Services pg.183 Re:Ice Storm Claim Now Filed RECOMMENDED: THAT the memorandum regarding Ice Storm Claim Now Filed be received for information. 20.Memorandum from Mayor Geoffrey Dawe pg.184 Re:Council Proclamation –The Year of Sport in Aurora RECOMMENDED: THAT Council proclaim the following: WHEREAS His Excellency the Right Honourable David Johnston,Governor General of Canada proclaimed 2015 the Year of Sport in Canada in a ceremony on Parliament Hill on October 16,2014;and WHEREAS the 2015 Year of Sport celebrates the role of sport in our Country and encourages Canadians to participate and seek the benefits of sports;and WHEREAS in 2015 Canada will be host to several national and international sporting events such as: The International Ice Hockey Federation World Junior Hockey Championship 25th Edition of the Canada Winter World Games FIFA Women’s World Cup Canada 2015 Pan and Parapan American Games;and WHEREAS in 2015 York Region will host the first-ever Pan Am Games Golf Tournament at Angus Glen Golf Club;and WHEREAS the Town of Aurora supports and promotes Sport through its Parks and Recreation programs and relationships with various sports organizations such as: Aurora Minor Hockey Association The Aurora Tigers The Aurora Youth and Soccer Club Sport Aurora York North Basketball Association General Committee Meeting Agenda Tuesday,January 13,2015 Page 10 of 10 THEREFORE BE IT RESOLVED THAT,on behalf of the Members of Council for the Corporation of the Town of Aurora,I,Mayor Geoffrey Dawe,do hereby proclaim 2015 as the Year of Sport in Aurora and urge our citizens and visitors to discover the benefits of Sport by participating in a wide variety of programs and activities;and THEREFORE BE IT FURTHER RESOLVED THAT the Proclamation designating the year beginning January 1,2015 as the ‘Year of Sport in Aurora’ be included in the Notice Board. 21.Memorandum from Mayor Geoffrey Dawe pg.185 Re:Correspondence from the Ministry of Energy –Overview of Initiatives RECOMMENDED: THAT the memorandum regarding Correspondence from the Ministry of Energy - Overview of Initiatives be received for information. GENERAL COMMITTEE REPORT No.CAO15-001 SUBJECT:Awarding of Contracts During the Election Period FROM:Neil Garbe,Chief Administrative Officer DATE:January 13,2015 RECOMMENDATIONS THAT Report No.CAO15-001 be received for information. PURPOSE OF THE REPORT The purpose of this report is to provide an accounting to Council of all tenders and requests for proposals in excess of $100,000.00 that were awarded during the 2014 election period by the Chief Administrative Officer (the “CAO”),pursuant to subsection 6.2(b)of the Town’s Procurement By-law (By-law Number 5500-13). BACKGROUND During the 2014 election period,it became necessary for the CAO to award certain contracts in order to ensure the continued timely operation of Town business and to adhere to the timeframes contained in the related bid documents.The authority for the CAO to award such contracts is contained in subsection 6.2(b)of the Town’s Procurement By-law,which provides as follows: “6.2 The CAO has the Authority to:… (b)Award Contracts during the time that regular Council meetings are suspended,during a period of Council recess in excess of thirty (30) days,or during the Election Period,as a result of a Solicitation that normally requires Council approval,provided that a report is submitted to Council (as soon as reasonably possible)setting out the details of any Contract Awarded pursuant to this Authority;…” “Election Period”is defined in the Procurement By-law as “the period of time in the year of a regular municipal election starting from nomination day and ending on the day that is fixed for the beginning of the next term of Council,as such days may be defined in the Municipal Elections Act,1996,S.O.1996,c.32,as amended.” Generally,in accordance with Schedule “D”of the Procurement By-law,Council approval to award a tender or request for proposal is required where the resulting contract is over TOWN OF AURORA General Committee Meeting Agenda Tuesday,January 13,2015 Item 1 Page -1 -1 - January 13,2015 -2 -Report No.CAO15-001 $100,000.00.Further circumstances that require Council approval are set out in section 8.1 of the Procurement By-law;however,the only circumstance in which the CAO awarded contracts in lieu of Council approval was because of the delegated authority during the election period to award contracts over $100,000.00. During the election period,the CAO awarded four (4)contracts.These requests for proposals and tenders were advertised for bidding by the Town prior to the election period; however,the bidding period closed during the election period.All of the below-noted projects are within the approved budget and within the expected budget for future years, where applicable. COMMENTS Details of the aforementioned projects awarded by the CAO are set out below (“Table 1”): Bid No.Project Description Successful Bidder/ Proponent Contract Value (excl.taxes) Low Bid/ Highest Score Within Approved Budget IES2014-57 Providing maintenance and emergency response to sanitary lift and water booster stations (the Town currently maintains four sanitary lift stations and one water booster station;it is anticipated that two additional sanitary lift stations will be assumed by the Town in 2015). 709125 Ontario Limited,o/a Pump System Interfacing $361,755.43 over 3 years (2015:$118,400.08) (2016:$120,571.53) (2017:$122,783.82) Yes Yes IES2014-32 Construction of new sewer and watermain service connections. Work that is completed by the contractor is fully funded by the recipient of these services prior to the commencement of the work,from fees charged by IES through the Town’s Fees & Charges By-law. V.M. DiMonte Construction Limited $222,765.00 (on an as-requested basis) Yes N/A (All work is fully funded by the recipient of the services prior to commencement of the work.) IES2014-58 Providing emergency sewer and watermain repairs.Multiple contractors were selected as per the RFP documents,to ensure that emergencies can be handled efficiently and effectively. A.Donofrio Construction Company Limited -and - V.M. DiMonte Construction Limited $385,000.00 (on an as-needed basis) Yes Yes General Committee Meeting Agenda Tuesday,January 13,2015 Item 1 Page -2 -2 - January 13,2015 -3 -Report No.CAO15-001 Bid No.Project Description Successful Bidder/ Proponent Contract Value (excl.taxes) Low Bid/ Highest Score Within Approved Budget P-13-54 (Region of York) Off-site records storage and retrieval services.After an analysis of the current marketplace by staff,the Town “piggybacked”on an existing RFP from the Region of York from the summer of 2013, which allowed the Town to obtain the preferred rates offered to the Region.The selected contractor is the current contractor for the Town in providing these services. Iron Mountain Canada Operations ULC $150,000.00 over 10 years ($15,000 per year, based on expected storage and retrieval costs) N/A Yes ALTERNATIVE TO THE RECOMMENDATIONS 1.None –no practical alternative. LINK TO STRATEGIC PLAN None. FINANCIAL IMPLICATIONS All contract awards set out in Table 1 are within the approved budget and within the expected budget for future years,where applicable. CONCLUSIONS The CAO authorized the contract awards listed in Table 1 during the election period pursuant to subsection 6.2(b)of the Town’s Procurement By-law. ATTACHMENTS None. General Committee Meeting Agenda Tuesday,January 13,2015 Item 1 Page -3 -3 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 1 Page -4 -4 - GENERAL COMMITTEE REPORT No.BBS15-001 SUBJECT:Accessibility 2014 Election Report FROM:Techa van Leeuwen,Director of Building &Bylaw Services DATE:January 13,2015 RECOMMENDATIONS That Report No.BBS15-001 be received for information. PURPOSE OF THE REPORT To provide council information as required by Section 12.1 (2)of the Municipal Elections Act,1996 regarding the identification,removal and prevention of barriers that affect electors and candidates with disabilities. BACKGROUND Amendments to the Municipal Elections Act,1996,and the Accessibility for Ontarians with Disabilities Act,2005 have provided a legislated framework to make the election process more accessible for electors and candidates living with disabilities.The Election of 2010 required municipalities to better identify disability barriers within the election process and work towards offering viable solutions to voters with disabilities.This recommendation was based on the Human Rights Tribunal case of Hughes vs.Elections Ontario. COMMENTS The attached Election report has been completed with the considerations of identifying, removing and preventing of barriers.Removing and preventing barriers includes: Communications &Information Voting Locations Voting &Voting Methods Staff Training LINK TO STRATEGIC PLAN Identifying,removing and preventing barriers that affect electors and candidates with disabilities in the 2014 Municipal Election supports the Strategic Plan goal of Supporting an exceptional quality of life for all through the accomplishment in satisfying TOWN OF AURORA General Committee Meeting Agenda Tuesday,January 13,2015 Item 2 Page -1 -5 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 2 Page -2 -6 - AttachmentNo.1General Committee Meeting Agenda Tuesday,January 13,2015 Item 2 Page -3 -7 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 2 Page -4 -8 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 2 Page -5 -9 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 2 Page -6 -10 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 2 Page -7 -11 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 2 Page -8 -12 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.BBS15-002 SUBJECT:Parking Regulations and Enforcement FROM:Techa van Leeuwen,Director of Building and Bylaw Services DATE:January 13,2015 RECOMMENDATIONS THAT Report No.BBS15-002 be received for information. PURPOSE OF THE REPORT To provide Council with information related to Parking regulations within the Town and inform Council of Bylaw Services parking control activities. BACKGROUND By-law No.4574-04.T,as amended regulates parking and traffic within the Town of Aurora.The by-law is administered by Infrastructure and Environmental Services.The Town employs a Traffic and Transportation Analyst who makes recommendations on by-law amendments and provides expert advice on traffic related issues.The by-law contains general parking regulations respecting safety,movement of traffic,disabled parking,fire routes,emergency conditions and snow removal. By-law No.4283-01.P,as amended regulates the use and government of Parks and Public Places in the Town.The by-law is administered by Parks and Recreation Services.Contained within the Parks by-law are provisions related to parking.Parking is only permitted in designated areas and while using the park and further no overnight parking is permitted. Bylaw Services provides Town wide parking control enforcement.The parking control officers respond to complaints and also carry out routine patrol throughout the Town. Securing sufficient parking can be a challenge for homeowners and businesses and illegal parking is often a nuisance and sometimes a safety concern. COMMENTS Overnight on street parking prohibited November 15 to April 15 to enable snow clearing General Committee Meeting Agenda Tuesday,January 13,2015 Item 3 Page -1 -13 - January 13,2015 -2 -Report No.BBS15-002 Section 5.2 of Bylaw 4574-04.T restricts on street parking during the winter months. Specifically parking is prohibited between the hours of 2:00am to 6:00 am November 15 to April 15,inclusive.The intent and purpose of this restriction is to enable effective and efficient snow clearing.During the winter months Bylaw Services has regular overnight shifts for parking control officers who patrol the Town.They also provide support and assistance IES snow clearing crews experiencing challenges due to vehicles being consistently left on street. Parking in Town parks is intended for users of the Parks. Section 29 of Bylaw 4283-01.P sets out provisions related to parking in Town parks. Parking in Town parks is only permitted in designated areas as posted while using the Park.Overnight parking is prohibited unless authorized by permit.Occasionally permissions have been granted to park overnight at certain parks to accommodate sports group travelling for tournaments.These are special circumstances for one or two nights and in these situations Town staff ensure that overnight parking will not interfere with other events or activities. Town Park parking is being used by residents and commuters Until recently Town Park parking areas did not have signage indicating restrictions negating any enforcement efforts.In an effort to ensure parking at Town Park is being properly allocated to users of the park signs were erected.This created some concerns from surrounding residents who have been parking vehicles at the Park because they have insufficient space to accommodate the numbers of vehicles they own.Town Park parking area has also been used to store trailers.Town park parking is also being used by commuter during the day.These activities are contrary to the bylaw and create challenges with snow removal and parking shortages for park users. Challenges related to parking Snow removal is difficult when vehicles are parked in snow clearing routes Areas where parking is restricted are intended to keep traffic flowing,site lines clear and ensure public safety Parking in Town owned parks and facilities are intended for users of the facilities Parking in restricted areas can be an irritant for residents. Parking Restrictions as set out in Town By-laws will be enforced in full commencing March 1,2015. Parking Control Officers will enforce in full parking throughout the Town commencing March 1,2015 in accordance with the current by-laws.Staff will ensure proper signage is posted for successful enforcement.Staff will also use the intervening time to advise the neighbourhood of enforcement changes. LINK TO STRATEGIC PLAN Parking regulations and enforcement report supports the Strategic Plan goal of General Committee Meeting Agenda Tuesday,January 13,2015 Item 3 Page -2 -14 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 3 Page -3 -15 - GENERAL COMMITTEE No.BBS15-003 SUBJECT:Request for Sign Variance to Sign By-law No.4898-07.P for Country Wide Homes Ltd.15624 Leslie Street. FROM:Techa van Leeuwen,Director of Building and Bylaw Services DATE:January 13,2015 RECOMMENDATIONS THAT Report No.BBS15-003 be received;and THAT Council approve a request for variance to Sign By-law No.4898-07.P for the Country Wide Homes Ltd.residential development sales office at 15624 Leslie Street to allow five (5)residential development signs whereas Sign By-law 4898-07.P permits a maximum of two (2)residential development signs;and THAT Council approve a request for variance to Sign By-law No.4898-07.P to allow 75.6m2 of residential development sign area whereas Sign By-law 4898-07.P restricts the area of residential development signs to 20m2. PURPOSE OF THE REPORT To evaluate the applicant’s request and make recommendations on variances to Sign By- law No.4898-07.P,as amended. The first variance requested is to allow this residential development sales office to have five signs whereas Sign By-law No.4898-07.P permits a maximum of two signs for residential development signs. The second variance requested is to allow 75.6m2 of sign area whereas Sign By-law No. 4898-07.P restricts the amount of sign area to a maximum of 20m2. BACKGROUND Building and Bylaw Services is in receipt of a sign variance application from Country Wide Homes Ltd.to permit the installation of one additional ground sign and two additional wall signs for this residential development.Country Wide Homes Ltd.has applied for and obtained a permit for one ground sign and one wall sign.They are now requesting to have one additional ground sign and two additional wall signs for a total of five signs consisting of two ground signs and three wall signs at this site. The additional wall signs have been installed and require variances;the proposed ground sign has not been installed.Variances for the number of signs and for exceeding the maximum sign area are required for the installed wall signs.The proposed ground sign does not create additional variances but extends the scope of the variances requested. Country Wide Homes Ltd.is building approximately 116 dwelling units as part of the St. TOWN OF AURORA General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -1 -16 - January 13,2015 -2 -Report No.BBS15-003 John’s Development within the 2C lands.The sales office is located at 15624 Leslie St. There are currently 7 companies in the process of developing the 2C lands. COMMENTS Variance required so that the installed wall signs may remain. A sign permit has been issued for one wall sign and one ground sign which have been installed as per issued plans.That application for permit had been made for two ground signs and the wall signs as now proposed but required a variance to permit the second ground sign and the wall signs containing the lifestyle images.As a result the second ground sign and the lifestyle image wall signs were deleted from the permit.As all the wall signs have been installed the applicant is requesting the variances so that the signs may remain and to be able to install the second ground sign.If the proposal was for the wall signs only and omitted the proposed ground sign,the variances required would be for the number of signs (4 requested;2 are permitted)and sign area (35.4m2 requested;20m2 permitted). Large portion of sign area is for lifestyle images. The applicant has requested a variance to allow the five residential development signs to have a combined area of 75.6m2 whereas Sign By-law 4898-07.P restricts the total area of residential development signs to 20m2.The 75.6m2 proposed sign area is to be spread across the two ground signs and three wall signs.Of the total 75.6m2 sign area proposed,35.4m2 is wall signage.The wall sign area of 35.4m2 consists of 2.2m2 of existing (under permit)wall sign area with an additional 33.2m2 of wall sign area proposed (installed without permit). The additional proposed wall sign area consists mostly of large lifestyle images with a smaller portion containing written messaging.The lifestyle images provide 24.4m2 of the additional 33.2m2.The lifestyle images are photographs which do not display advertising, lettering,pricing or products. The proposed ground sign is large. The proposed ground sign meets the height requirements associated with ground signs. As a residential development sign the ground sign is considered in the number of signs allowed and the allowable sign area.This area of the proposed ground sign is 26.7m2 which exceeds the total sign area allowed for all the residential development signs at this site.The ground sign as proposed would be 7.3m wide X 4.8m high.This sign alone would create the need for a variance.This builder has applied for and obtained a ground sign for this development and this proposed ground sign would be in addition to that already constructed ground sign. Residential development signs are temporary. Sign By-law 4898-07.P requires that residential development signs be removed when the residential development to which the signs relate is substantially complete or to a General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -2 -17 - January 13,2015 -3 -Report No.BBS15-003 maximum of three years. The provision to require the signs to be removed means that the signs will not become a permanent feature of this site and that differs from other sign bylaw 4898-07.P variance approvals which usually are of a more permanent nature. Residential development sign provisions. Sign By-law 4898-07.P section 5.4(a)On-Site Signs provides the provisions for on-site residential development signs.The section considers the location of the signs,the advertisement content,the number of signs and sign area as well as the illumination of the signs.For the purpose of Sign By-law 4898-07.P the proposed signs are considered to be On-Site Signs. The following table compares the proposal to the Sign By-law No.4898-07.P: On-Site Residential Development Signs Attribute Requirement Proposed Sign location Within the residential development Within the residential development Content Advertise only the residential development in which the sign is located and not the sale of lots elsewhere or the realtors, developers or landowner’s business in general Advertise only the residential development in which the sign is located and not the sale of lots elsewhere or the realtors, developers or landowner’s business in general Illumination External source External source Number of signs Max of 2 signs (including wall and ground signs) 1 ground existing under permit 1 ground proposed (not constructed) 1 wall existing under permit 2 wall proposed (installed without permit) 5 signs total Wall sign area No max (see total sign area)2.25m2 existing 33.24m2 additional 35.49m2 proposed wall sign area Ground sign area No max (see total sign area)13.38m2 existing 26.75m2 additional 40.13m2 prop ground sign area Total sign area 20m2 max allowed 75.62m2 proposed Bold,underlined font represents areas of non-compliance As the above table shows the request for variance is for the number of signs and the total sign area.The other provisions are met. General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -3 -18 - January 13,2015 -4 -Report No.BBS15-003 The following table provides the criteria for assessing Sign By-law No.4898-07.P variance approvals. Table for Evaluating Sign Variance Criteria Criteria Comment 1.Physical difficulties Where due to special circumstances,pre-existing condition of the building,layout or topography of the subject land,it is difficult to comply with the provisions of the Sign By-law. n/a 2.Consistency with the architectural features of the building Where the proposed sign blends well with the architectural features of the building and granting the sign variance will result in a more aesthetically pleasing visual appearance of the building for the community. n/a 3.Consistency with the character of the neighbourhood Where the Sign Variance,if granted,will not alter the essential character of the neighbourhood and will have no adverse impact on the Town's cultural heritage n/a 4.No adverse impact to the adjacent property or general public Such adverse impact may include but is not limited to: illumination,obstruction of other signage,obstruction of natural light,distance to the adjacent buildings and properties,etc. This is a residential development located on Leslie Street within the 2C lands.The surrounding properties are also residential development properties in various stages of development with infrastructure being installed as well as construction of homes being undertaken to the north.As there are other builders who may consider the size of the ground sign as a sales advantage this may have a negative impact to the general public. 5.Adherence to Corporate Branding Where not granting a Sign Variance results in a conflict in corporate branding requirements such as updated/new logos or trademarks. n/a 6.Impact on safety,traffic and accessibility The proposed Sign Variance,if granted,will not increase fire or traffic hazard or otherwise endanger public safety or negatively impact accessibility. The signs will not increase fire or traffic hazards or otherwise endanger the public safety.The signs are set back from the road and are contained within the development property. 7.Result in greater convenience to the public Granting of the variance will result in greater convenience to the public in identifying the business location for which a sign variance is sought. Granting this variance will result in the public being more aware of this new development and be able to easily identify the sales office location from Leslie Street. General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -4 -19 - January 13,2015 -5 -Report No.BBS15-003 As noted under criteria 4 the ground sign may have a negative impact on the general public including other builders. 2 Variances requested: 1.Variance requested to permit three signs in addition to the two signs permitted by Sign By-law No.4898-07.P. 2.Variance requested to permit 75.62m2 sign area in lieu of the 20m2 permitted by Sign By-law No.4898-07.P LINK TO STRATEGIC PLAN Approving the requested variance to Sign By-law No.4898-07.P supports the Strategic Plan goal of Enabling a Diverse,Creative and Resilient Economy through its accomplishment in satisfying requirements of the objective supporting small business and encouraging a more sustainable business environment. FINANCIAL IMPLICATIONS Nil. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Council could deny the requested variance and impose the provisions of the Sign By-law.This would require the removal of the additional wall signs. 2.Council could approve the wall signs and deny the additional ground sign. 3.Council could approve the additional ground sign but deny the additional wall signs. This would require the removal of the additional wall signs. CONCLUSIONS Staff determined that the variance being sought is in keeping with the general intent of the By-law.For reasons outlined in this report staff is recommending that Council approve the requested variances to allow the additional two wall signs to be installed but due to the potential negative impact on the general public refuse the additional ground sign. General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -5 -20 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -6 -21 - January 13,2015 -7 -Report No.BBS15-003 Site plan Attachment No.1 General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -7 -22 - January 13,2015 -8 -Report No.BBS15-003 Elevation showing wall signs Attachment No.2 General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -8 -23 - January 13,2015 -9 -Report No.BBS15-003 Residential Development Sign Graphic for the ground sign Attachment No.3 General Committee Meeting Agenda Tuesday,January 13,2015 Item 4 Page -9 -24 - GENERAL COMMITTEE REPORT No.CFS15-002 SUBJECT:Development Charge Deferral Agreement –Salvation Army FROM:Dan Elliott,Director,Corporate &Financial Services -Treasurer DATE:January 13,2015 RECOMMENDATIONS THAT Report No.CFS15-002 be received;and THAT Council approve the deferral of Development Charges in respect of the property at 15338 Leslie Street owned by the Salvation Army Central York Region until a change of use or ownership occurs,in accordance with the Town’s Development Charge By-law 5585-14 Section 3.5;and THAT the Mayor and Town Clerk be authorized to execute the necessary agreement,including any and all documents and ancillary agreements required to give effect to same. PURPOSE OF THE REPORT Development Charges Act,1997,S.O.1997,c.27,as amended (the “Act”),provides for the local bylaw to set rules for exemptions and deferral arrangements for payment of Development Charges.Certain properties must be exempted such as municipal and school facilities.The Town’s Development Charges By-law 5585-14 sets out that development charges for a place of worship and ancillary facilities are exempted or subject to deferral. The Salvation Army have indicated that they will be applying for a building permit during December 2014.In advanced discussions with Salvation Army officials,staff have confirmed that there will be no DC’s payable as long as the property continues to be used as a place of worship.Floor area used for commercial uses such as commercial daycare centres,or regular retail would be subject to DC’s. This report seeks authorization to prepare and execute a DC deferral agreement,similar to other agreements in place for the same purpose. TOWN OF AURORA General Committee Meeting Agenda Tuesday,January 13,2015 Item 5 Page -1 -25 - January 13,2015 -2 -Report No.CFS15-002 BACKGROUND The Salvation Army is planning to construct,in phases,a large worship and assembly facility,including typical ancillary facilities such as church offices,meeting rooms, lounge areas,kitchen,multipurpose rooms,nursery care rooms etc. The Town’s DC By-law 5585-14 includes the following definition and provision: COMMENTS The deferral agreement will formalize that no development charges are payable for the current development project.However,in the future,should a change of use or a change of ownership occur,the planned uses will be reviewed to ensure they continue to be “place of worship”,failing which DC’s at the then prevailing rates will become payable. 1.0 DEFINITIONS 1.1 In this By-law, (cc)“place of worship”means a building or structure that is used primarily for worship and religious practices and purposes,including related administrative,teaching,assembly and associated spaces,but does not include portions of such building or structure used for any commercial use,including but not limited to daycare facilities; Exemptions 3.5 Notwithstanding the provisions of this Bylaw,a development charge may not be imposed or may be deferred on terms and conditions satisfactory to the Town,with respect to: (a)land owned by and used for the purposes of a private school that is exempt from taxation under the Assessment Act; (b)lands,buildings or structures used or to be used for the purposes of a cemetery,churchyard or burial ground exempt from taxation under the Assessment Act; (c)places of worship; General Committee Meeting Agenda Tuesday,January 13,2015 Item 5 Page -2 -26 - January 13,2015 -3 -Report No.CFS15-002 York Region staff have committed to an identical treatment using a separate deferral agreement.The school boards have agreed to a full exemption. Deferral agreements as proposed herein have been used in Aurora for St.Andrew’s College,and by other municipalities in similar situations.The agreement preserves the right to collect DC’s in the future should anything change at the property.The use of an exemption would make it more difficult to attempt to collect DC’s in the future,should a change of use or redevelopment take place. LINK TO STRATEGIC PLAN Appl ying the Town’s DC bylaw in a consistent manner,while preserving the Town’s rights of revenue recovery in the future,demonstrates sound municipal management. Supporting the work of the Salvation Army and the potential for community partnerships between ourselves and their organization supports the Strategic Plan principal of recognition and encouragement of community contributions and volunteerism. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Council could authorize an outright exemption of DC’s for the property. 2.Council could propose any other form of deferral agreement or condition. FINANCIAL IMPLICATIONS Until the final building permit drawings are submitted,the amount of DC’s otherwise due for the subject development cannot be quantified. Legal Services Division fees of $600 for the preparation of the agreement,plus costs of legal registration will apply to this application. CONCLUSIONS Staff are requesting Council approve a development charges deferral agreement in respect of the planned development of 15338 Leslie Street by the Salvation Army Central York Region. PREVIOUS REPORTS None General Committee Meeting Agenda Tuesday,January 13,2015 Item 5 Page -3 -27 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 5 Page -4 -28 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.IES15-001 SUBJECT:Facility Projects Status Report FROM:Ilmar Simanovskis,Director of Infrastructure and Environmental Services DATE:January 13,2015 RECOMMENDATIONS THAT Report No.IES15-001 be received;and THAT all eligible costs related to capital improvements be incorporated into this project to maximize use of development charge funding;and THAT the Budget for the Aurora Family Leisure Complex Renovations (Capital Project 74004)be increased by $593,113 to a revised budget of $7,592,462;and THAT the increase in the Budget for the Aurora Family Leisure Complex Renovations (Capital Project 74004)be funded from the Development Charges Reserve in the amount of $533,800,and from the Cash in Lieu of Parkland Reserve in the amount of $59,313. PURPOSE OF THE REPORT This report provides Council with an update on the following facility projects: Addition of the youth centre to the AFLC New joint operations centre BACKGROUND Council approved the following projects as part of the annual capital planning process: No.74004-Community Space for Youth No.34217-Joint Operations Centre These projects are significant to both the community and the Town.To facilitate providing timely information,staff are providing monthly reports to Council on the progress of these projects.Additional approvals and requirements for Council direction will be either included in this monthly report or augmented with an additional staff report depending on the need. General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -1 -29 - January 13,2015 -2 -Report No.IES15-001 The reporting process will continue until satisfactory completion of these projects or as directed by Council. COMMENTS This report provides a brief update on progress for the above projects. Youth Centre at AFLC Project Summary The scope of work for this tender includes a single storey 9,300 square foot addition and 18,400 square foot renovation to existing two storey Aurora Family Leisure Complex.Addition includes new fitness room,programme spaces,climbing wall,control desk,office spaces,new entry driveway and drop off area,parking,landscaping,and outdoor skateboard park.Renovation includes work in existing gymnasium and to suspended track,gym and pool change rooms,and fire exit corridors. The tender for this project was awarded to Jasper Construction by Council on November 12,2013 in the amount of $6,039,000 excluding taxes.The facilities were vacated except for the ice component and the squash courts which will remain open for the public through the construction period.The project kick off meeting was held on November 19 and the project completion date is October 2014. Activities completed since last report December 9,2014 to December 31,2014 Structural Steel –100% Masonry:Architectural Block –100% Metal Fabrication:Handrail –99.5% Mechanical/Electrical Fixtures –95% Painting Renovation –99%Addition –55% RCP –95% Flooring &Wall Tile –Washrooms &Change Rooms –99% Flooring –PT –60%VCT –70% Glazing –95% Roofing –99% Kitchen Equipment –95% Security –85% Elevator –100% Landscaping –35% As of January 3,2015 the pool and pool change rooms have been opened to accommodate programmed swimming lessons. General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -2 -30 - January 13,2015 -3 -Report No.IES15-001 Activities planned for January 2015 Floor finishing/tiles Glass for interior railings Painting Reception desk area Kitchen As of January 3,2015 the pool and pool change rooms have been opened to accommodate programmed swimming lessons. The fitness program currently operating from the SARC will be transferred to the AFLC on January 14 and 15 with the AFLC fitness room being open to the public starting January 16,2015.There will still be finishing work occurring in a number of the areas of the building even though the building will be officially occupied for program use. Milestone Estimated Completion Date Council Approval of Tender November Construction start November Interior Demolitions Phase 1 November to January Excavation and earthworks January to March Exterior Foundations March to May Exterior Structure February to July Interior Partitions February to October Stair F Interior Demolitions Phase 2 March Exterior site works Completion Spring 2015 Skate Park October Completion/Deficiencies January/February Joint Operations Centre Activities completed since last report December 9,2014 to December 31,2014 Earthworks cut and fill and removal of excess materials off site One site stormwater infrastructure in progress North entrance and lower north parking lot sub-base installed Office building foundations in progress Garage bay foundations started Activities planned for January 2015 Continue with foundations Continue with on-site underground services installations Continue with concrete placement for walls and office area floors General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -3 -31 - January 13,2015 -4 -Report No.IES15-001 Milestone Estimated Completion Date Site Works Aug/14 to Dec/15 Office Building Foundations Jan 2015 Basic Structure May 2015 Building Water Tight July 2015 Exterior Cladding Sept 2015 Mechanical/electrical July 2015 Interior Finishes Dec 2015 Garage Areas Foundations April 2015 Basic Structure Jun 2015 Exterior Envelope Aug 2015 Interior Finishes Oct 2015 Final Commissioning and Closeout Feb 2016 LINK TO STRATEGIC PLAN The above projects support the Strategic Plan goal of Supporting an exceptional quality of life for all through their accomplishment in satisfying requirements in the following key objectives within this goal statement: Investing in sustainable infrastructure:By using new technologies and energy and environmentally conscious design and building practices. Encouraging an active and healthy lifestyle:Through new services and facilities focused on youth needs. Strengthening the fabric of our community:Through new and better formats to engage the community. ALTERNATIVE(S)TO THE RECOMMENDATIONS None. FINANCIAL IMPLICATIONS The financial approvals and commitments are presented for each project in the following sections.These figures are excluding HST. Youth Centre at AFLC: Project philosophy is to maximize development charge funding to highest extent possible Capital improvements and expansions to facilities differ to repair and replacement costs that are associated with routine operations and maintenance.There is a combination of General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -4 -32 - January 13,2015 -5 -Report No.IES15-001 both aspects due to the nature of this project.The fundamental difference in how these costs are treated is that capital expansion costs are funded through capital reserves and are eligible for 90 percent development charge contributions compared to operating costs which are fully funded from tax revenues. Some of the additional costs identified in the updated financials were previously accommodated within the operating budget.However,upon further analysis these additional items can be directly attributed to the facility expansion project and have therefore been reclassified as such.This recognition reduces the burden on the tax funded operating budget while leveraging a 90 percent funding opportunity through development charges. Therefore,as the project is approaching completion,staff evaluated the full facility costs and identified those costs that can be attributed to this expansion project. Contract Change Log The following contract change log has been updated to capture approved change orders to date.Additional change orders are pending Town approval,however have not been approved as staff have no authority for costs that exceed the current budget. Contract Change Log Change Order Group 1 added to contract value (Report IES14-027)66,855.19 Change Order Group 2 added to contract value (Report IES14-032)132,254.73 Change Order Group 3 added to contract value (Report IES14-032)40,594.02 Change Order Group 4 added to contract value (Report IES14-052)100,450.34 Change Order Group 5 added to contract value (Report IES14-057)257,068.46 Subtotal 597,222.74 Modify HVAC at office 107 to accommodate return duct 10,610.48 Replace pool diffusers,pool fixtures and communications cables 5,865.23 Lighting revisions in corridor 202 and 203 10,632.90 Steel support and guard under stair F 8,895.25 Asphalt removal for existing parking area 25,431.10 Air handling unit power increase from 100 to 200 amps 4,492.53 Modify existing ducts at kitchen area 1,064.08 Change to south ceiling duct layout 9,206.90 Future program room ventilation 13,455.47 Structural steel at climbing wall window 12,887.70 Structural steel at screen MS06 8,119.00 Adjustment to CO 58 (credit reported as extra)-4,060 Adjustment to CO 69 (cost funded from cash allowance)-40,867.55 Change Order Group 5 to be added to contract value if approved by Council 65,733.09 Total Change Order value to date 662,955.83 Each change order group above represents those changes that have been reported to Council in earlier reports.The following tables summarize the areas and aspects of the changes that have occurred in the project to date. General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -5 -33 - January 13,2015 -6 -Report No.IES15-001 Changes by Discipline This Table summarizes changes based on discipline.Most of the costs are under the mechanical/electrical discipline.This is to be expected for several reasons.Due to the nature of renovations,there is always complexity in tying new building systems into existing systems;coordination is more challenging due to unforeseen situations either due to as-constructed variations or unrecorded historic system modifications that are discovered during construction.Another challenge occurs with the age of the building resulting in problems connecting to equipment that is either obsolete,worn out or not compatible with newer technologies and code requirements. Structural changes are primarily a result of similar circumstances related to unseen conditions that require field modifications to accommodate integration to the new design.Some examples include the second floor concrete thickness which was greater than reported on as-built drawings resulting in increased actual loads that must be accommodated as part of the new design.A second example is the as-built elevation of a concrete pile cap which had to be lowered due to interference with the new floor elevation.This was only discovered during excavation of the existing building foundations. Changes Discipline Description Amount Architectural $103,000 Electrical/Mechanical $360,000 Structural $172,000 Total $635,000 Changes by Cause This Table provides some insight to the prime causes of changes and more detailed descriptions of some of the more significant changes that have been previously reported are provided. Changes by Cause Description Amount Site Conditions $518,000 Additions to Scope $134,000 Reductions to Scope ($17,000) Total $635,000 General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -6 -34 - January 13,2015 -7 -Report No.IES15-001 Site Conditions Site conditions are those conditions that require field modifications to the design due to details that are discovered in the field either through exposure of existing components or as a result of assembly and integrity requirements that where unforeseen during design.These are works that are required to complete the project as initially intended. There is always a trade-off between the level of effort in pre-construction investigations and risks associated with as-built condition discoveries during construction.Due to the short design phase and initial cost constraints on this project,design proceeded based on limited field verification (visible aspects)and reference to original as-built drawings. An additional step that could have been taken would have been to undertake a complete building condition assessment,which may provide additional design information although again only limited to those components that are readily accessible. Based on the value and type of changes required during the construction phase,the approach taken by the design team was appropriate as the value of additional changes is not excessive and is generally related to work that would have been required regardless and is offset by savings in the preliminary investigation fees that were not required.Some of the more significant site conditions are summarized as follows: Structural Metal and Concrete Changes-$137,000 This is a summary of 17 separate change orders related to site conditions for structural steel and concrete related issues.These changes range from less than $1,000 to up to $21,000 for a change that involved splicing an existing main column supporting the existing building to accommodate the lower floor in the new area.As-built record drawings did not indicate this situation was present prior to excavation. Electrical and Mechanical Changes General-$120,000 In addition to items described below,a number of smaller change orders were issued to address conditions such as failed isolation valves,brittle plastic piping that could not be connected to new systems,power supply discrepancies,and lighting fixture interferences. Curtain Wall System Code Revisions-$22,800 This relates to the building curtain walls and a revision to structural codes post design. The increased building code requirements resulted in heavier materials and additional costs. General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -7 -35 - January 13,2015 -8 -Report No.IES15-001 Elevator Pit Drain and Sump-$22,600 Differences in as-built drain elevations required modifications to the elevator pit to accommodate proper drainage of this area.As the elevator is typically the lowest part of a building,this area is often problematic and involved changes to both structural and mechanical systems. Mould Abatement on Existing Ducts-$53,500 Specific ducts were found to harbour mould growth due to years of cyclic condensation within a confined ceiling space.These ducts were removed and replaced to reinstate the system.This would have been an operational cost if discovered as part of operational maintenance. Replace Missing and Damaged Duct Insulation-$25,000 Significant deterioration was found on existing duct system insulation which can create duct condensation during warm weather.This was required to be repaired to meet current codes and would have been an operational cost if identified outside this contract. Realign Ducting between Roof and First Floor-$49,500 Once exposed,it was found that existing duct risers where not in expected locations and required significant realignment to avoid significant impact on usable spaces. Removal of Existing Asphalt Drive-$25,500 This work was deleted from a 2013 repaving contract at a value of approximately $60,000 to allow for completion of the area in front of the building as part of this contract.During design,the scope of work only included top course asphalt at a cost of approximately $25,000.The requirement was to remove and replace the asphalt.This cost would have been tax funded if completed through the original operational contract. Additions to Scope These are the more significant items that were either identified during construction that would result in a favourable cost/benefit by being completed at this time rather than postponing the work to a future date. Duct Cleaning-$33,500 Although duct cleaning is a requirement for all new installations,there was no provision for cleaning of existing ducts.This is typically an operational item,but as the existing General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -8 -36 - January 13,2015 -9 -Report No.IES15-001 HVAC system was operating during construction,there is a benefit to cleaning the entire system before full commissioning.The cost of performing this work while the building and systems are readily accessible is more cost effective than to perform the work after completion of the project.This would normally be an operating costs funded through the tax budget. Building Security and CCTV system-$19,000 Security and CCTV systems were contracted as a cash allowance item and detailed design was intended to occur during construction with the vendor.During this process,it became apparent that the existing system was inadequate to both integrate with the new system and support state of the art surveillance requirements.A full system upgrade was recommended by staff to avoid interim system problems and short term costs related to post construction retrofitting.This would have been an operational cost if completed after construction. Sprinkler Head Change out in Pool Area-$16,000 There was no work scope initially within the pool area other than the running track installation.However,staff identified concerns with significant corrosion on exiting sprinkler heads within the pool area due to long term exposure to the high chlorine environment.The contractor replaced these heads with units better suited for this environment.This would have been an operational cost if completed outside of this project. Data Cable Installations-$11,000 Additional data cable installations were required to accommodate relocation of the main equipment panel which was previously situated in an unsuitable space with exposure risk to water and chemicals.This decision was based on current design standards and best practices in creating reliable IT infrastructure systems.This would have been an operational cost if completed outside of this project. Door Relocations-$15,000 Several modifications were made by staff with valid justification for the relocation and modification to several door ways.The outcome of this change is improved building performance and operational efficiency as well as better compliance with AODA requirements.It was more cost effective to make these changes through the contract than retrofit after construction.This would have been an operational cost. General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -9 -37 - January 13,2015 -10 -Report No.IES15-001 Gym Score Board-$8,000 A gym scoreboard was not considered in the original design but is an essential component to creating a functioning gym space that can be used for competition purposes.It was more advantageous to have this installed during construction than as a retrofit due to power requirements.Staff are also exploring options for sponsorships to offset these costs. Drinking Fountain Upgrades-$4,500 A number of existing drinking fountains were identified by staff for upgrade to accommodate bottle refilling.This was a request that has been previously identified by both the Environmental Advisory Committee and facility users.This would have been an operational cost if performed after completion of this contract. Funding Adjustment Summary The following table itemizes the previous approvals (first financial column),and the additional requirements expected to complete this project (second financial column). The recommended increases are related to forecast change orders expected based on remaining additional work that the architect and contractor are finalizing as well as those operational costs that can be captured within this capital project.A description of each of the budget adjustments are described below: Approved Funding and Contract Commitments Previous Approved Additional Requirements Revised Budget Approved Budget $7,424,723 $7,424,723 Less Committed Funds $525,373 $525,373 Funding Available $6,899,349 $6,899,349 Base Contract Award excluding HST $5,994,000 $5,994,000 Gym Lights $20,000 $20,000 Asphalt Driveway $25,000 $25,000 Sub-Total $6,039,000 $6,039,000 Contingency $603,900 $346,100 $950,000 FF&E $100,000 $50,000 $150,000 Inspections and Testing $15,000 $15,000 Building Insurance Costs $27,147 $27,147 Internal Start-up costs $40,000 $40,000 Contractor Extended Admin Costs $160,000 $160,000 Arch Fees based on Change Orders $80,000 $80,000 Non-refundable HST (1.76%)$118,675 $12,640 $131,315 Total Funding Required $6,861,575 $730,887 $7,592,462 Less:2C Facility Funding Contribution ($100,000) Budget Variance $37,774 ($593,113) General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -10 -38 - January 13,2015 -11 -Report No.IES15-001 Contingency Refer to the descriptions under the Contract Change Log section previously detailed. Furniture Fixtures and Equipment (FF&E) This account relates to all movable equipment that is not permanently connected to the structure of the building and typically includes the office support equipment that is installed once the construction is completed.In the case of this facility,there is also the need for program space equipment to support the additional program rooms.Initial estimates for this account were based on a high ratio of reused equipment and did not adequately account for needs of the program spaces.After undertaking a layout exercise with the existing equipment,it became evident that much of the office furniture would not fit properly in the new office spaces. This budget has therefore been adjusted to accommodate the identified needs and to comply with occupational health standards for the staff and the users.As this item directly benefits our users,staff requested that the 2C developers consider a funding contribution towards this equipment to assist in fitting out the new facility.The firms of Mattamy Homes,TACC,Fieldgate Homes,Paradise Homes,Metrus Development, Brookfield Homes,Lindvest and Treasure Hill all responded and contributed $100,000 towards the FF&E requirements. Inspections and Testing All Town projects are inspected through third party consultants to both verify that standards are being adhered to and to minimize risks of future problems.Inspections typically include soils/site materials,foundations,structural concrete and steel assembly,building envelope,mechanical systems,and life safety/code requirements. Although the contractor is required to verify all assemblies and provide approved shop drawings for each component,there is value,and it is industry standard,in certifying critical components based on final field installations. Due to unforeseen complexities in the integration of the new addition into the existing building,and inaccuracies in as-built record drawings compared to actual site conditions,additional effort was required to both review proposed modifications and test and inspect those installations. Building Insurance Costs It is necessary that the building is insured at all times during construction and as the building remained partially occupied during construction,the initial intent was to have General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -11 -39 - January 13,2015 -12 -Report No.IES15-001 the Town’s insurer provide the necessary coverage.However,when comparing Town costs for insuring the construction aspects of the site,it was found that it was more economical to have the Contractor provide this insurance through their carrier. This cost was initially anticipated to be covered under general contingencies,but is relatively significant and should rightly be recognized as an administrative costs that does not add value to the building directly.It therefore has been identified as a separate cost to the project.If not incorporated into the project,this item would be funded through the operating budget. Internal Start-up Costs Due to the nature of this project,there are building systems that have been assumed by the contractor as well as existing building systems that the Town has had to continue to maintain or repair/modify to accommodate the construction process.This is typical of a renovation of an existing building,and the significance of the renovation along with efforts to maintain public access to unaffected parts of the building has resulted in additional unforeseen costs.The costs considered in this item relate primarily to equipment failures that occurred either during extended such down periods or as a result of aged equipment that was unable to operate due to the changing building environment during the construction period. These costs would typically be included under operating budgets but have been influenced by the construction and are better captured as ancillary capital costs related to the overall renovations.They include incurred or expected equipment and staff retained maintenance and repair contractor costs.An example of a cost incurred under this category is the repair of the pool boiler lining due to deterioration and failure.Once the system was shut down,the boiler liner failed after cooling and as a result of age. The boiler had to be relined and is now operational after being reconditioned. Contractor Extended Administration Costs This item pertains to the contractors costs of administration related to daily activities of the project and is accounted for in the tendering process as general accounts,and supervision.These are the fixed costs the contractor identifies to oversee and administer the contract.When a project extends beyond the target completion date, these costs continue to be incurred by the contractor. Staff have been notified that the contractor will be submitting a claim for these costs. There is no direct provision for accounting of these costs other than the change order process. Contractors typically make efforts to recover costs due to project delays.Various methods are used from either additional costs identified on individual change orders that General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -12 -40 - January 13,2015 -13 -Report No.IES15-001 have a time delay to a global delay claim submitted at the completion of a project.Each approach has its advantages and disadvantages.The Town as the owner along with the architect have the objective of minimizing these costs by monitoring the cause of delays and deducting those delay claims caused by the contractor as a result of contractor’s actions and decisions in their control and execution of the contract.Staff have been monitoring potential delays and construction progress and are of the opinion that many of the delays accrued to date are due to lack of contractor forces being on site on a regular basis as well as poor scheduling and project coordination. It is unknown at this time what the claim may be,so an estimate has been included in the contingency based on known conditions and current delays.The extent of the use of this amount will be determined based on detailed review of any pending claims. Architectural Fees Architectural fees are established at the initial design stages of a project based on either negotiated fixed fee or percent of construction value.In the case of this contract,the Architectural fees structure is based on 7 percent of the construction budget. In addition to the base budget,there is also an allowance for percentage fees of additional work.These fees cover costs related to the design and administrative efforts required to document site related changes to the project during the construction.An allowance has been incorporated in the revised budget.Use of this allowance will be based on fair assessment of the change orders and payment to those change orders that reasonably could not have been foreseen. This is an accepted practice and provides for fair treatment of all parties when unknown, unexpected,additional,or modified work is identified during the construction process. Contract Payments Item Transaction Balance Remaining Approved Contract Value 6,039,000 Payment Certificate #1 (Jan 6,2014)-169,164 5,869,836 Payment Certificate #2 (Jan 17,2014)-117,610 5,752,226 Payment Certificate #3 (Feb 25,2014)-183,657 5,568,569 Elevator Payment (Feb 28,2014)-166,110 5,402,459 Payment Certificate #4 (Mar 17,2014)-131,540 5,270,919 Payment Certificate #5 (April 25,2014)-404,734 4,866,185 Approved Change order group 1 (May 1,2014)66,855 4,933,040 Payment Certificate #6 (May 14,2014)-553,964 4,379,076 Approved Change order group 2 (May 27,2014)132,254 4,511,330 Payment Certificate #7 (June 12,2014)-494,111 4,017,219 Approved Change order group 3 (Jun,2014)40,594.02 4,057,813 Payment Certificate #8 (July 28,2014)-771,129 3,286,684 Payment Certificate #9 (August 22,2014)-498,237 2,788,447 Approved Change order group 4 (July/Aug),2014)100,450 2,888,897 Payment Certificate #10 (September 10,2014)-649,285 2,239,612 Payment Certificate #11 (October 27,2014)-770,868 1,468,744 General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -13 -41 - January 13,2015 -14 -Report No.IES15-001 Payment Certificate #12 (November 17,2014)-754,649 714,095 Approved Change Order group 5 (Sept/Oct)257,068 971,163 Payment Certificate #13 (December 19,2014)-495,894 475,269 Change Order group 6 (Nov/Dec)65,733 541,002 Joint Operations Centre:Funding approvals and commitments for the Joint Operations Centre are summarized in the following table as based on Council recommendations from the August 12,2014 Meeting. Approved Funding and Contract Commitments Construction and Related Costs: Buttcon Limited Contract Award (excluding optional items)17,004,000 Non-refundable taxes (1.76%)299,270 Fees for One Space Architects Unlimited 954,084 FF&E and Internal IT costs 125,000 Third party testing services (soils,concrete,building envelop)150,000 Subtotal 18,532,354 Contingency Allowance (10%)1,853,235 Project Construction Budget 20,385,589 Contract Change Log Modifications to address soft and saturated subgrade conditions 580,132 Allowance for testing &inspection services by Soil Eng.*73,500 Change Order Group 1 added to contract value 653,632 Total Change Order value to date 653,632 *This is not additional to the contract but has been transferred from the inspection budget to the Contractor to expedite inspection coordination. Contract Payments Item Transaction Balance Remaining Approved Contract Value 17,004,000 Payment Certificate #1 (September 18,2014)-239,284 16,764,716 Payment Certificate #2 (October 17,2014)-562,138 16,202,578 Payment Certificate #3 (November 21,2014)-1,104,499 15,098,079 Payment Certificate #4 (December 16,2014)-1,315,337 13,782,742 Approve Change order group 1 (Sept/Oct)653,632 14,436,374 CONCLUSIONS This report is provided to Council as an ongoing communication on the progress of the following two facilities projects;1)Addition of the youth centre to the AFLC,2)New joint operations centre. Additional costs realized on the AFLC project are documented in this report and result in the requirement for additional funding with a request to increase the current budget by $593,113 to a revised budget of $7,592,462.This increase is fully funded from non-tax sources. General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -14 -42 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 6 Page -15 -43 - GENERAL COMMITTEE REPORT No.IES15-002 SUBJECT:Early Approval of Capital Reconstruction Projects FROM:Ilmar Simanovskis,Director of Infrastructure and Environmental Services Dan Elliott,Director,Corporate &Financial Services –Treasurer DATE:January 13,2015 RECOMMENDATIONS THAT Report No.IES15 -002 be received;and THAT Council grant early approval for the following 2015 capital reconstruction projects in advance of budget approval: Capital Project 31096,Reconstruction of Bluegrass Drive,Steeplechase Avenue,Woodsend Crescent and Skyview Lane ($1,800,000); Capital Project 31101,Reconstruction of Vandorf Sideroad ($1,200,000 –2015 budget request); Capital Project 31112,Reconstruction of Industrial Parkway South from Wellington Street to Industry Street and Industry Street from Industrial Parkway South to Mary Street ($1,995,000); Capital Project 42053,Rehabilitation of Culvert on Yonge Street, approximately 220m north of Kennedy Street,($445,000 );and Capital Project 31103,Reconstruction of Centre Street,Phase 1 –from Spruce Street to Walton Drive ($802,000). PURPOSE OF THE REPORT To seek Council authorization to proceed with the tendering of the contracts for the reconstruction of the projects identified within this report in the timeframes being proposed. BACKGROUND Infrastructure and Environmental Services has a number of construction projects proposed as part of the draft 2015 Capital Budget.These projects are in the current 10 year capital plan and are sufficiently funded based on the reserve contributions and cash flow forecast within the plan. TOWN OF AURORA General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -1 -44 - January 13,2015 -2 -Report No.IES15-002 It would be financially beneficial for the Town to tender these projects as early as possible to take advantage of the pre-season construction period when there are less road reconstruction projects being tendered. COMMENTS The design for the capital reconstruction projects is mostly complete and tendering can proceed immediately after Council approval.The benefit of starting the tendering process early is the increased potential for more competitive bids as contractors secure their projects and the ability for an early start once the construction season begins. Table “A”shows the proposed contract tendering schedule.IES staff has found that tendering one project at a time over different due dates allows bidders the opportunity to aggressively price each project and eliminates the possibility of forcing bidders to choose between multiple contracts. Table A Capital Project Number Description Proposed Tender Date Proposed Construction Date 31096 The reconstruction of Bluegrass Drive,Steeplechase Avenue, Woodsend Crescent and Skyview Lane Mar.5/15 June 1 /15 31101 Reconstruction of Vandorf Sideroad (sections) Mar.19/15 June 15/15 31112 The reconstruction of Industrial Parkway South (sections)and Industry Street Mar.26/15 June 8/15 31103 The reconstruction of Centre Street, Phase 1 –Spruce Street to Walton Drive Mar.5/15 June 15/15 42053 The rehabilitation of culvert on Yonge Street,north of Kennedy Street Mar.12/15 June 30/15 ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Council may elect to not proceed with the early approval for the recommended projects. 2.Council may elect to proceed with the early approval for some of the recommended projects. General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -2 -45 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -3 -46 - s Beaco Ivy Jay Cres Eakins Dr Tonner Cres Tonner Cres McLarty Gt Gundy Way River Ridge Blvd Borealis Ave Stone Rd Mark St Alder Gr Monkman Crt Magna Dr Offord Cres Oak Crt Mark St Scanlon Crt Mary St Cousins Dr E Irwin Ave Mosley St Kennedy St E Church St Cousins Dr Kennedy St E Connaught Ave Harrison Ave Metcalfe St Crt Reuben St ennedy St W Tyler St Britton Tr Ransom St Furbacher Ln Dunning Ave Edward St Casey Crt Gilbert Dr Old Bloomington Rd Royal Rd Skyview Ln Touch Gold Ln Wyatt Ln Carisbrooke Cir Longthorpe Crt Kane Cres Pattemore Gt Kane Cres Nicklaus Dr Steel Dr Halldorson Ave Ames Cres Ames Cres Zokol Dr Martell Gt Barr Cres Zokol Dr Murray Dr Cir Industrial Pkwy S Centre St Centre St Batson Dr Bovair Tr TOWN OF RICHMOND HILL WELLINGTON STREET EAST WELLINGTON STREET EAST VANDORF SIDEROADVANDORFSIDEROAD Capital Project 31112 Capital Project 42053 Capital Project 31101 Capital Project 31096 Capital Project 31103 KEY PLAN SHOWING LOCATIONS OF 2015 CAPITAL RECONSTRUCTION PROJECTS Map created by the Town of Aurora Infrastructure &Environmental Services Department,December 23rd,2014.Base data provided by York Region and Aurora -GIS. 0 0.25 0.5 Kilometres INFRASTRUCTURE AND ENVIRONMENTAL SERVICES IES15-002 APPENDIX "A" General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -4 -47 - Town of Aurora Capital Projects Project Department Version Year 31096 Reconstruction -Bluegrass Drive,Steeplechase Avenue,Woodsend Crescent &Skyview Infrastructure &Environmental Services Draft 1 2014 Description PURPOSE: To provide funding for the reconstruction of Bluegrass Drive,Steeplechase Avenue,Woodsend Crescent and Skyview Lane.This project includes road and storm sewer improvements for these three municipal roads. LINK TO STRATEGIC PLAN:Supporting an exceptional quality of life for all,Objective 2:Invest in sustainable infrastructure - maintain and expand infrastructure PERFORMANCE/ACTIVITY IMPACTS: -The reconstruction of these infrastructure will lessen required maintenance costs. Class "D"Estimate EXPLANATION/HIGHLIGHTS On the 0 -100 PCI (Pavement Condition Index)rating scale,a rating of less than 25 for residential roads results in the street in question being classified as being in the "Failed"category.The PCI of the above-mentioned streets is as follows:Bluegrass Drive = 5,Skyview Lane =10,Steeplechase Avenue =10,Woodsend Crescent =20. Planned work includes: -3.0 km of road rehabilitation -hot mix technology -ditch and drainage improvements involves culvert maintenance and re-grading of ditches if required;no urbanization -the road configuration for Steeplechase will be the same as for Elderberry Trail and Hunters Glen Road as approved by Council through report IES14-013.There was extensive consultation with the residents on Hunters Glen,Fox Point and with RAYS-Aurora,the neighborhood ratepayers association.As a result Council recommended at its Council Meeting of Tuesday March 18,2014,"the reconstruction of Hunters Glen,Elderberry Trail and Steeplechase Avenue as a 7.2m paved road,including a 1.2m of this width reserved for pedestrian use,and with the road edge on the non-pedestrian side protected from erosion and settlement with a 300mm wide asphalt treated shoulder."A Public Information Centre will be scheduled to present the drawings with the Council approved configuration to the residents living in Steeplechase/Bluegrass/Woodsend area before the design is finalized. -The design will be completed in 2014 and construction will follow in 2015. This project was included in the previous 10 Year Capital Plan (2013). Budget Future201920172016201520142018Total Expenditures Estimated Expenditures SALARIES -F/T 14,90014,900 CONSULTING 122,800122,800 CONTRACTS 1,800,0001,800,000 1,937,700 137,700 1,800,000 1,937,700 137,700 1,800,000Expenditures Total Funding Infrastructure Sustainability Reserves RDS/SDWLKS/ST LGTS R&R 14,900 1,650,0001,664,900 Storm Sewers Contribution 150,000150,000 FED GAS TAX CONT'N 122,800122,800 1,937,700 137,700 1,800,000 1,937,700 137,700 1,800,000Funding Total Total Over (Under)Funded Appendix "B" General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -5 -48 - Town of Aurora Capital Projects Project Department Version Year 31096 Reconstruction -Bluegrass Drive,Steeplechase Avenue,Woodsend Crescent &Skyview Infrastructure &Environmental Services Draft 1 2014 Gallery General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -6 -49 - Town of Aurora Capital Projects Project Department Version Year 31101 Reconstruction -Vandorf Sdrd (Sections) Infrastructure &Environmental Services Draft 1 2015 Description PURPOSE: To provide funding for road improvements for Vandorf Sideroad from 296m east of Bayview Avenue to Leslie Street.The design of the project has started in 2012 and the reconstruction is scheduled for 2015.The road reconstruction has been postponed from 2013 to 2015 to finalize the design -vertical realignment of the road and a consistent road cross-section width. LINK TO STRATEGIC PLAN Supporting an exceptional quality of life for all -Objective 2:Invest in sustainable infrastructure -Maintain and expand infrastructure to support forecasted population growth through technology,waste management,roads,emergency services and accessibility. PERFORMANCE/ACTIVITY IMPACTS: The reconstruction of this infrastructure should lessen maintenance costs. This project is in the 10-year capital plan.Additional funding requested for 2015 has increased compared to the 10-year plan by 1,200,000 for the following reasons:provide enough funds for utilities relocation (hydro one poles),build the road and the retaining wall at the creek.The new request is based on the detailed design cost estimate of $3,341,100. Utility relocation =$105,000;retaining wall at the creek =$510,550;increased budget for road reconstruction based on detailed design =$584,450 Total =$1,200,000 EXPLANATION/HIGHLIGHTS On the 0 -100 PCI (Pavement Condition Index)rating scale,a rating of less than 40 results in the street in question being classified as being in the "Failed"category.The PCI of the street section included in this project is 1. Vandorf Road will be reconstructed from approximately 296m east of Bayview Avenue to Leslie Street's west edge of pavement.The road will be rebuilt to a rural cross section with the following improvements: -will support the loading expected for a major industrial collector -will have the same pavement width and a minimum 1.5m paved shoulders for cyclists and pedestrians use. -Driver safety will be considerable improved by providing vertical alignment modifications and safety barriers where required. -1.8km of road reconstruction -ditch and drainage improvements -new retaining wall structures at the creek crossing,and -intersection improvements at Leslie Street (vegetation removal to improve sightlines) Additional funds required are based on Consultant's cost estimate after the completion of the detailed design and the addition of the retaining wall at creek crossing. Class "D"Estimate Budget Future202020182017201620152019Total Expenditures Estimated Expenditures CONTRACTS 1,200,0001,200,000 1,200,000 1,200,000 1,200,000 1,200,000Expenditures Total Funding Development Charges Reserve Funds ROADS &RELATED DC CONT'N 708,500708,500 708,500 708,500 Infrastructure Sustainability Reserves FED GAS TAX CONT'N 491,500491,500 491,500 491,500 1,200,000 1,200,000Funding Total Total Over (Under)Funded General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -7 -50 - Town of Aurora Capital Projects Project Department Version Year 31101 Reconstruction -Vandorf Sdrd (Sections) Infrastructure &Environmental Services Draft 1 2015 Gallery General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -8 -51 - Town of Aurora Capital Projects Project Department Version Year 31112 Reconstruction -Industrial Parkway South -Wellington Street to Industry Street,Industry Infrastructure &Environmental Services Draft 1 2015 Description PURPOSE: To reconstruct Industrial Parkway South from Wellington Street to Industry Street and Industry Street from Industrial Parkway South to Mary Street.This reconstructions will include improvements to roadway,watermain,sanitary and storm sewer infrastructures. LINK TO STRATEGIC PLAN:Supporting an exceptional quality of life for all,Objective 2:Invest in sustainable infrastructure - maintain and expand infrastructure PERFORMANCE/ACTIVITY IMPACTS: -The reconstruction of this infrastructure should reduce maintenance requirements for the these roadways. -Construction to accommodate Metrolinx request to create a right-hand turn lane on Industrial Parkway South and avoid gridlock at that intersection -Staff will submit a request for funding under Ontario Community Infrastructure Fund (OCIF).OCIF priority will be projects th at focus on renewal,rehabilitation and replacement.Projects must be completed by December 31,2016.If approved OCIF can provide funding up to a maximum of 90%of total project cost or $2 million,whichever is the lower amount.Class "D"Estimate EXPLANATION/HIGHLIGHTS On the 0 -100 PCI (Pavement Condition Index)scale,a rating of less than 25 for residential streets and 40 for collectors res ults in the streets in question being in the "Failed category.The PCI of the streets to be reconstructed are as follows:Industrial Parkway South from Wellington Street to Industry Street =37,Industry Street from Industrial Parkway South to Mary Street =43.Advance for 2014 design and 2015 construction -to address the gridlock at Industrial Parkway South and Wellington Street intersection. Staff met with Metrolinx to discuss funding possibility,however Metrolinx is not willing to provide funding for the project. Planned work includes: -0.4km of road reconstruction;-New sidewalk construction (both sides)on Industrial Parkway and extension of the sidewalk on the west side to Mary Street -New sidewalk construction on the west side of Industry St.;-New watermain construction (both streets); -Sanitary and storm sewer improvements on Industry St.;-Creation of right-hand turn lane on Industrial Parkway South at Wellington;and -installation of a traffic light at Mary and Industrial Parkway South; -$10,000 additional consulting funding is requested for the design of the traffic signal at Mary and Industrial Parkway South -This project has been initiated in 2014.The construction will take place in 2015.This project was included in previous 10 year Capital Plan (2013).Funding request has been increased from the 10-year plan with $485,000 due to detail design cost estimate ($200,000),traffic light at Mary and IPS ($210,000)and extension of s/w on the west side of IPS to Mary Street ($75,000). Budget Future202020182017201620152019Total Expenditures Estimated Expenditures CONSULTING 10,00010,000 CONTRACTS 1,985,0001,985,000 1,995,000 1,995,000 1,995,000 1,995,000Expenditures Total Funding Development Charges Reserve Funds ROADS &RELATED DC CONT'N 516,096516,096 516,096 516,096 Infrastructure Sustainability Reserves SANI SEWER R&R RES CONT'N 126,300126,300 RDS/SDWLKS/ST LGTS R&R 735,304735,304 Storm Sewers Contribution 155,000155,000 WATER &SEWER CONTRIBUTION 462,300462,300 1,478,904 1,478,904 1,995,000 1,995,000Funding Total General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -9 -52 - Town of Aurora Capital Projects Project Department Version Year 31112 Reconstruction -Industrial Parkway South -Wellington Street to Industry Street,Industry Infrastructure &Environmental Services Draft 1 2015 Funding 1,995,000 1,995,000Funding Total Total Over (Under)Funded Gallery General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -10 -53 - Town of Aurora Capital Projects Project Department Version Year 42053 Rehabilitation of Culvert on Yonge St.Approximately 220m north of Kennedy St. Infrastructure &Environmental Services Draft 1 2015 Description PURPOSE: To rehabilitate the culvert on Yonge Street approximately 220m north of Kennedy Street LINK TO STRATEGIC PLAN:Supporting an exceptional quality of life for all,Objective 2:Invest in sustainable infrastructure PERFORMANCE/ACTIVITY IMPACTS: Maintenance of existing infrastructure Class "D"Estimate EXPLANATION/HIGHLIGHTS Planned work includes: -hiring a structural engineer to perform a structural assessment of the culvert -performing the repairs in accordance with the Consultant's recommendations Project was initiated in 2014;funding of $50,000 requested for 2014 was for structural assessment of the culvert. Repairs/Construction in accordance with the structural assessment recommendation will be performed in 2015. Construction work includes: -replacement of ex.corrugated steel pipe portion of the culvert that has failed structurally with a precast concrete box culvert that will be partially embedded into the streambed with baffles to improve fish habitat and fish passage through the culvert;minor repairs to small voids and/or spalling concrete within the existing concrete portion of the culvert;replacement of ex.pedestrian handrail on the east side of Yonge Street;removal of garbage,debris and sediment within and surrounding the culvert;construction of a stoned lined scour pool at the downstream end of the culvert;and replacement and/or relining of sections of storm sewers and services that connect to the existing culvert. This project has been included in the most recent 10-year capital plan. Budget Future202020182017201620152019Total Expenditures Estimated Expenditures CONTRACTS 445,000445,000 445,000 445,000 445,000 445,000Expenditures Total Funding Infrastructure Sustainability Reserves Storm Sewers Contribution 445,000445,000 445,000 445,000 445,000 445,000Funding Total Total Over (Under)Funded General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -11 -54 - Town of Aurora Capital Projects Project Department Version Year 42053 Rehabilitation of Culvert on Yonge St.Approximately 220m north of Kennedy St. Infrastructure &Environmental Services Draft 1 2015 Gallery General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -12 -55 - Town of Aurora Capital Projects Project Department Version Year 31103 Reconstruction -Centre St (Yonge to Walton Dr) Infrastructure &Environmental Services Draft 1 2015 Description PURPOSE: To reconstruct Centre Street from Yonge to Walton Drive.Reconstruction will include road,water main,sanitary sewer and storm sewer improvements. PERFORMANCE/ACTIVITY IMPACTS: -The reconstruction of this infrastructure should reduce maintenance costs. Class "D"Estimate EXPLANATION/HIGHLIGHTS On the 0 -100 PCI (Pavement Condition Index)rating scale,a rating of less than 25 for the residential streets results in the street in question being classified as being in the "Failed"category.The PCI of the street section included in this project is 19 Planned work includes: -0.5km of road reconstruction -existing sidewalk upgraded to 1.5m width on Centre Street for AODA compliance -storm sewer and drainage improvements -This project was initiated in 2012.The design of the road reconstruction was approved in 2012 through Council Report IES12-021. -2014 funding request is required for the completion of outstanding design work.An RFP had been issued in 2013 and all proposals came in above budget.All proposals received were between $60,000 and $80,000. -The reconstruction of the road will take place in 2017 due to the building construction at the north east corner of Centre and Yonge which will be completed at the end of 2016.Staff will request the delay of the construction of the road until the condominium is completed to try to avoid any unnecessary pavement damage to a newly reconstructed road. This project was Included in the most recent 10-year Capital Plan (2013).There is no change in the funding request,the contract cost has been inflated with 2.5%/year (from 2015 to 2017). Budget Future202020182017201620152019Total Expenditures Estimated Expenditures CONTRACTS 1,106,7301,106,730 1,106,730 1,106,730 1,106,730 1,106,730Expenditures Total Funding Infrastructure Sustainability Reserves SANI SEWER R&R RES CONT'N 11,13011,130 RDS/SDWLKS/ST LGTS R&R 525,000525,000 Storm Sewers Contribution 223,000223,000 WATER &SEWER CONTRIBUTION 347,600347,600 1,106,730 1,106,730 1,106,730 1,106,730Funding Total Total Over (Under)Funded General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -13 -56 - Town of Aurora Capital Projects Project Department Version Year 31103 Reconstruction -Centre St (Yonge to Walton Dr) Infrastructure &Environmental Services Draft 1 2015 Gallery General Committee Meeting Agenda Tuesday,January 13,2015 Item 7 Page -14 -57 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.IES15-003 SUBJECT:School Travel Planning for Regency Acres Public School FROM:Ilmar Simanovskis,Director of Infrastructure and Environmental Services DATE:January 13,2015 RECOMMENDATIONS THAT Report No.IES15-003 be received;and THAT three-way stop sign control be installed at the intersection of Willis Drive and Seaton Drive;and THAT the necessary by-law be introduced to implement the above recommendation;and THAT “No U-TURN”signs be installed for the northbound and southbound directions of Murray Drive in front of Regency Acres Public School;and THAT notice of Council’s decision be sent to Regency Acres Public School. PURPOSE OF THE REPORT This report has been prepared to seek council approval for implementing the School Travel Planning program at the Regency Acres Public School located at 123 Murray Drive in the Town of Aurora. BACKGROUND Active and safe routes to school program has helped to encourage physical activity of youth,enhance environmental sustainability by reducing greenhouse gas emissions and help alleviate traffic concerns in school areas. Regency Acres Public School and parents have approached the York Region District School Board,Healthyork and the Town to implement the school travel planning initiatives for their school.The Town has implemented this program on a number of schools and have found outstanding success. General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -1 -58 - January 13,2015 -2 -Report No.IES15-003 On November 20,2014 the Town,Regency Acres Public School,York Region Community and Health Services and York Region District School Board have met to conduct a walkabout to determine the need and identify areas of concern to provide safer routes to school that students can safely use to get and from school. COMMENTS Overview of Regency Acres Public School –York Region District School Board Regency Acres Public School is located at #123 Murray Drive in the Town of Aurora.The number of students attending the school for the 2014/2015 school year is approximately 350 and it ranges from junior kindergarten to grade 8 students.The number of students eligible for bussing is approximately 90.Not all students who are eligible for busing will take the bus.Some have older siblings who are not entitled to bussing and are driven with the older siblings;others attend after school or have different care arrangements. The rest of the students are not eligible for bussing and live within walking distance to the school.The school boundaries extend from Bathurst Street to the west,Yonge Street to the east,Henderson Drive to the south,and Timberline Trail and Golf Links Drive to the north. It should be noted due to the close proximity,that the school travel planning initiatives for Regency Acres Public School should also provide assistance to students attending St. Joseph’s Elementary School located at #2 Glass Drive just south of Regency Acres Public School.Regency Acres Public School catchment area map is attached as Appendix “A”. Existing road characteristics of the road network in the vicinity of Regency Acres Public School There is a number of local and collector roads identified in the vicinity of the school area; however for the benefit of this report we will discuss only the following ones: Murray Drive is an undivided two-lane collector roadway with an urban cross section (sidewalk and curbs),a pavement width of 9.0 metres,sidewalks on both sides of the street and a posted speed limit of 40km/h.The school’s main entrance is located on Murray Drive. Seaton Drive is a two lane collector road with an urban cross-section,a pavement width of 8.5 metres,sidewalks on the south/east side and a posted speed limit of 40km/h. Glass Drive is a local street with an urban cross-section,a pavement width of 8 meters, sidewalks on both sides and a posted speed limit of 40km/h. Willis Drive is a two-lane local street with an urban cross-section,a pavement width of General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -2 -59 - January 13,2015 -3 -Report No.IES15-003 8.5 meters,a sidewalk on the north side and a posted speed limit 40km/h.All roads located within the school boundary catchment area are under the jurisdiction of the Town of Aurora.Appendix “B”shows the area in question. Regency Acres Public School Walkabout identifies areas of concern that need to be addressed to provide safer routes to school The goal is to promote physical activity and a healthy lifestyle and one of the most important steps in the School Travel Planning process is undertaking a Walkabout where community safety concerns can be identified.The walkabout has provided a chance for the school community to give feedback on barriers to walking to school and has provided a critical opportunity to learn first-hand about the travel issues being faced by students and their families while walking to school.Direct observation of the common school routes and key areas of concern to ensure safety will help prepare for participating in the development of the action plan for implementation.A family survey could also be undertaken to acquire further community feedback. On November 20,2014 representatives from The Town of Aurora,York Region District School Board,Regency Acres Public School (staff and parent volunteers)and York Region Community and Health Services conducted a walkabout in the school catchment area identifying routes that students and parents take to school and highlighting areas of concern that need to be addressed in order to create safer and protected routes to school. The following are some of the issues/requests that were identified during the walkabout: 1.Key concern was a safe crossing on Seaton Drive for students coming from Morning Crescent and Willis Drive area. 2.Add 3-way stop sign at the Seaton Drive and Willis Drive intersection 3.Pathway opening across the school on Murray Drive is well used and students have to cross the street unsupervised upon exiting/entering this pathway. 4.Add “No U-Turn”sign in front of the school on both sides of Murray Drive 5.Concerns about potential snow banks/visibility at the northwest corner of Willis Drive and Seaton Drive intersection;high snow banks last year on boulevard A full detailed walkabout assessment summary sheets are attached as Appendix “C”. School travel planning policy adopted by Council addresses the safety requests and traffic issues identified in the Regency Acres Public School walkabout To achieve the objectives of the program staff recommend that the issues/safety concerns identified in the walkabout be addressed. General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -3 -60 - January 13,2015 -4 -Report No.IES15-003 Existing Town multi-way stop installation policy would not warrant the installation of the stop signs at the Seaton Drive and Willis Drive intersection due to the low traffic volumes on the side street (Willis Drive).However,the school travel planning policy justifies the installation of these signs in order to provide safer and controlled routes to school. As for the pathway opening a cross the school on Murray Drive,parents and their children have the option of eliminating the jaywalking by utilizing the stop controlled intersections with crossing guards on Murray Drive at Willis Drive and Glass Drive,which is suitably located within walking distance of 90 and 120 meters respectively. Public input and development of recommendations is integrated into the process used for the travel planning walkabout Public participation in the development of recommendations is incorporated in the process through the use of the walkabout that was conducted.It is through this process that areas of concern are identified and solutions developed.Recommendations of this report have also been provided to the School Principal for information and distribution to any other interested parties. The Town is promoting the school travel policy in local newspapers to increase awareness and promote walking to school The Town in coordination with Healthyork has put a full marketing plan for the school travel planning initiatives and is running a weekly promotional ad campaign in local newspapers,this is an excellent opportunity to increase the public’s awareness of the work that has been accomplished between the Town and different stakeholders in relation to the school travel planning policy within the Town and York region.In addition, lawn signs promoting the program are also planned and will be available for residents in the spring if they wish to put in front of their houses. LINK TO STRATEGIC PLAN Strategic Plan Goal of Supporting an Exceptional Quality of Life for All Objective 1:Improve transportation,mobility and connectivity Examine traffic patterns and identify potential solutions to improve movement and safety for motorists and pedestrians/students. Objective 4:Encouraging an active an healthy lifestyle Develop programs and policies that nurture and contribute to the development of youth. Continue to develop awareness programs that promote the benefits of recreation in supporting a healthy lifestyle. General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -4 -61 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -5 -62 - Appendix“A”RegencyAcresPublicSchool–BoundaryMapNGeneral Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -6 -63 - Appendix“B”NRegencyAcresPublicSchool–KeyMapShowingAreainQuestionExistingthree-waystopcontrolledintersectionswithcrossingguardsGeneral Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -7 -64 - 1 Walkabout Assessment: School Profile: Name:Regency Acres Public School Date:November 20,2014 Address:123 Murray Drive,Aurora,ON Website:www.regencyacres.ps.yrdsb.ca Contact Information:Principal –Caterina Martino-Porretta 905-727-9811 Number of Students:Approximately 350 Grades:JK -8 Bell Times:Entry:0825 Dismissal:1455 Bussing Information:2 standard buses plus 1 micro bus to support special education transportation Land Use Mix:Primarily single unit family homes,adjacent to Catholic Elementary School and retirement centre Onsite School Programs:-Before and after school child care -ECO school Walkabout: School Main Entrances Teacher parking area/Visitor parking area Potential for vehicle and pedestrian conflicts -well marked designated teacher parking areas,bus drop off area on the south side of school/separate visitor parking area at the north side of the school -no physical separation between sidewalk area and wide, paved boulevard immediately in front of school (area used as a drop off and pick up zone at peak times – informal kiss ‘n ride) Size and design of parking lot -ample parking in both areas however less parking spots in the winter as snow that is removed is piled up on the ends,causing some spots to disappear Traffic flow clearly signed -clear signage to indicate one way routes,fire route,‘no parking’areas Pavement markings on the parking lot -pavement snow covered;unable to see markings Parking and driving behaviour of driving parents/students -noted a parent making a u-turn in front of school -congestion during peak drop off times along wide,paved boulevard immediately in front of school (area used as a drop off;is not a designated parking area) Appendix "C" General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -8 -65 - 2 Walking paths to school Where are the access points for students -multiple access points:sidewalk connections as well as park pathways leading to rear of school -school maintains pathways on the school property -note pathways from the park at the rear of the school are not maintained during winter months as this is town property Potential conflicts with vehicles Lighting along pathways -not noted Maintenance of walkways -park pathways not maintained during winter months Alternate school grounds access -access points at rear of school well utilized by students Routes i.e.:from back fields,from adjacent parks,etc. -as noted above Bike Facilities Bike racks:secure?Safe? -bike racks on located on both sides of the school -noted 3 large bike racks on the south side of the school adjacent to the school office -2 large bike racks on the north side Sheltered?-no Bike paths or lanes -n/a Best cycle routes identified -n/a Potential conflicts with vehicles -bike racks accessible from front school walkway area Bus Information Location of school loading zone -school bus parking signage noted in south lot/teacher parking lot within the one way driveway loop Where do students wait for the buses -students wait for buses in the bus drop off area on the south side of the school by the bike racks Supervision #of buses -2 standard buses,+1 micro bus for special education transportation Special needs transportation -the micro bus provides transportation Special ramps entrances for special needs children Location of garbage dumpsters and other maintenance equipment -located towards the rear of the school at the end of the staff parking lot Emergency vehicle access -fire routes along south side of school building and north side of building General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -9 -66 - 3 Area surrounding School Volume and speed of surrounding streets -40 km per hour -Town of Aurora has utilized speed boards to increase awareness regarding speed of drivers in the area -volume of traffic of primary concern during peak school drop off/pick up times Are there sidewalks -sidewalks on both sides of Murray Dr.and Glass Dr. -sidewalk on one side on other streets in the school area How far do the sidewalks extend around the schools and into the surrounding community -well-connected sidewalks throughout the school community Pedestrian crossing devices present and used -not in immediate area;present along Yonge St. #/position of bus patrollers #/position of adult crossing guards -2 crossing guards (N and S of the school on Murray Dr) Sight distances from school crossings to road curves,blind corners or school and transit bus zones -visibility maintained in front of school -regular placement of stop signs exists -several curves along Seaton Dr./discussed potential stop sign at Willis Dr.and Seaton Dr.for safer crossing Timing of traffic lights -n/a in immediate area Street signs –school zone -Reduce speed -Other -school zone/school crossing signs noted -“No Stopping”signage along the east side of Murray Dr. -“No parking between 8-430”along Glass Drive (in front of St.Joseph CES)/”No parking”signs along Seaton Dr. Non traffic related items to consider Types of buildings surrounding the school -primarily single dwelling homes,Catholic Elementary School located adjacent to Regency Acres PS,retirement centre next door,access to Yonge St.amenities <1km away Location of other public spaces near the school such as parks,community centres etc. -park and trail spaces behind school,various community amenities noted in the area #of shade trees on street -numerous shade trees within the school community Physical state of sidewalks/Size of Sidewalks -no concerns noted Issues -key concern was a safe crossing on Seaton Dr.for students coming from Morning Cres.&Willis Dr.area General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -10 -67 - 4 Other Comments -as per identified need during walkabout,Jamal will proceed with Stop sign request at Willis Dr.&Seaton Dr. -pathway opening across the school on Murray Dr.is well used and students have to cross the street unsupervised upon exiting/entering this pathway. Suggestion:Jamal to explore adding some flashing school zone signage to help bring awareness to this area for motorists -the Town will install no “U TURN”signs on both sides of Murray Dr.in front of the school -Sonia will send the Heading to School?pedestrian safety brochure electronically to Principal Mrs.Martino- Porretta and school will consider engaging community liaison YRP officer to support pedestrian safety messaging in future -support available from Public Health Nurse -follow up STP meeting in consultation with Principal -noted a parent was concerned about potential snow banks/visibility at (NW corner)Willis Dr.&Seaton Dr.; high snow banks last year on boulevard -paved boulevard (informal kiss ‘n ride)area that runs alongside Murray Dr.immediately in front of the school is directly adjacent to sidewalk and the paved area does not contain any curbs to separate ‘parking’area from sidewalk area.Suggestion:Consider adding curbs/physical buffer to separate paved roadside boulevard from sidewalk –Sonia to follow up with YRDSB -more people drive in the winter months causing more congestion in parking/school area -consider a no “U TURN”sign at the end of the kiss ‘n ride area General Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -11 -68 - Appendix“D”Installthree-waystopsignsRegencyAcresPublicSchool–ReportRecommendationsInstallno“UTURN”signsNGeneral Committee Meeting Agenda Tuesday,January 13,2015 Item 8 Page -12 -69 - GENERAL COMMITTEE REPORT No.IES15-004 SUBJECT:York Public Buyers Cooperative Fuel Supply Tender Award FROM:Ilmar Simanovskis,Director of Infrastructure &Environmental Services DATE:January 13,2015 RECOMMENDATIONS THAT York Purchasing Co-op Fuel Supply Tender No,CRFT 2014-07,as issued by the Regional Municipality of York for the Supply and Delivery of Gasoline and Diesel Fuels to the Municipalities,be awarded to Valero Energy Incorporated for a five (5) year term for the supply and delivery of Ethanol (10%)Blended Gasoline;and THAT York Purchasing Co-op Fuel Supply Tender No,CRFT 2014-07,as issued by the Regional Municipality of York for the Supply and Delivery of Gasoline and Diesel Fuels to the Municipalities,be awarded to Canada Clean Fuels Incorporated for a five (5)year term for the supply and delivery of #1 Diesel Ultra Low Sulphur and B10 Diesel Fuel;and THAT the Town issue the purchase order for Valero Energy Incorporated,for costs not to exceed $100,000,excluding taxes for 2015;and THAT the Town issue the purchase order for Canada Clean Fuels Incorporated,for costs not to exceed $140,000,excluding taxes for 2015;and THAT the Director of Infrastructure and Environmental Services be authorized to approve Purchase Orders for the years 2016,2017,2018 and 2019 to an upset limit of the approved budget for each year. PURPOSE OF THE REPORT To report to Council on the purchase of goods and services in accordance with the Town’s Purchasing By-law. BACKGROUND The supply of fuel for the York Region area municipalities is facilitated through the York Purchasing Co-op.The co-op tenders the supply of commonly required services and commodities for the benefit of the participating members.The Town of Aurora is a participating member and uses the results of various tenders to procure necessary materials and services. TOWN OF AURORA General Committee Meeting Agenda Tuesday,January 13,2015 Item 9 Page -1 -70 - January 13,2015 -2 -Report No.IES15-004 This report outlines the results of a recent tender for the supply of various fuel products typically used by the municipality.The Town of Aurora’s requirements are for the uninterrupted provision of Ethanol (10%)Blended Gasoline,No.1 Ultra Low Sulphur Diesel fuel and B10 Diesel Fuel to be delivered to the Works Yard at 9 Scanlon Court. COMMENTS The Regional Municipality of York on behalf of the Co-op issued Bid Number CRFT 2014- 07 for Supply &Delivery of Gasoline and Diesel Fuels and closed the bid on November 18, 2014. The contract period is from January 1,2015 to December 31,2019. Fuel Price Evaluation Fuel pricing is based on a daily wholesale rack price which is determined by various industry agencies.As this commodity experiences regular price fluctuations,the fuel purchase contract is based on the referenced daily wholesale rack price at time of purchase.To allow for a fair tender evaluation process,the form of tender identified a fixed wholesale rack rate.The bidders have based their pricing submissions on this fixed rack price and have added their fixed mark-up costs and taxes to develop the total cost per litre to the municipalities.Table No.1 summarizes the two lowest bids based on the total quantity of fuel that is estimated to be used throughout the three year term of the contract. Table 1,Tender Summary Fixed Wholesale Rate ($/litre) Bidder’s Adjusted Rate ($/litre) 5 year volume (L) Contract Value for Evaluation Purposes Only Valero Energy Inc. Ethanol (10%) Blended Gasoline $0.7290 $0.7198 500,000 $359,900.00 #1 Diesel Ultra Low Sulphur $0.8140 $0.7984 600,000 $479,040.00 B10 Diesel Fuel $0.7290 19,000 - Total (5-Year)$359,900.00 Ultramar Ltd. Ethanol (10%) Blended Gasoline $0.7290 $0.7290 500,000 $364,500.00 #1 Diesel Ultra Low Sulphur $0.8140 $0.7980 600,000 $478,800.00 B10 Diesel Fuel $0.7290 $0.7390 19,000 $14,041.00 Total (5-Year)$512,554.18 General Committee Meeting Agenda Tuesday,January 13,2015 Item 9 Page -2 -71 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 9 Page -3 -72 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.IES15-005 SUBJECT:Aurora Family Leisure Complex Arena Mould Investigation FROM:Ilmar Simanovskis,Director of Infrastructure and Environmental Services DATE:January 13,2015 RECOMMENDATIONS THAT Report No.IES15-005 be received;and THAT a budget of $136,580 be approved for capital expenditures related to the initial investigation and immediate remediation of portions of the warm seating area within the viewing deck of the ice rink;and THAT this budget be funded from the facilities repair and replacement reserve;and THAT cleaning of mould and removal of materials in the viewing areas on the south portion of the ice rink be awarded to A&O Contracting Inc.in the amount of $51,719.86 excluding taxes. PURPOSE OF THE REPORT This report has been prepared to update Council on conditions found in the AFLC arena area related to mould growth and actions taken to date in response to these findings. BACKGROUND The AFLC building renovations started in October 2013 which included the construction of a new building addition and interior modifications primarily on the warm side of the building.Only two areas of the building remained open during the renovations being the squash courts and the arena as these areas were not significantly affected by the construction activities. In preparation for the Sneak Peek opening ceremony that occurred October 20,2014, staff were conducting a fire safety review with the fire department on September 30, 2014.This inspection included both newly renovated areas as well as a cursory review of existing building life safety and fire protection systems. During the review of the fires systems in the arena area,is was observed by staff that General Committee Meeting Agenda Tuesday,January 13,2015 Item 10 Page -1 -73 - January 13,2015 -2 -Report No.IES15-005 significant moisture was present on the underside of the ceiling structure in the south end seated viewing area.There was also a visible amount of mould growth on the underside of these moist areas. A second inspection was conducted with senior staff on October 6 and a decision was made to retain a qualified firm to investigate the cause and impact of these findings. The firm of Pinchin Environmental was retained to do further investigations.A purchase order in the amount of $50,000 was approved for this investigation on or about October 9,2014. On October 17,2014,and subsequent dates,the consultant conducted a full inspection of the environment and structures within the arena area to assess factors such as humidity,building envelop integrity,and the potential for moisture related damage to the building. The consultant submitted their report on November 13 and a follow-up meeting with staff occurred on November 17 to review the recommendations and determine the appropriate actions. This report provides details on the findings of the consultant’s report and recommended actions. COMMENTS Consultant requested to undertake three types of inspections related to initial findings The consultant was requested to undertake three separate types of inspections in the arena area of the AFLC in the following order of priority: 1.Mould growth and remediation 2.Building envelop related to thermal and vapour barrier integrity and adequacy 3.Structural condition of building as a result of operating under high humidity conditions This staff report addressing the immediate concerns related to the discovery of mould growth.Further staff reports will be provided based on the finding of the subsequent two reports. Arena spaces continue to be safe for human occupancy during remediation activities The results of the laboratory analysis conducted from surface samples confirmed that mould colonies were present on the tested surfaces.Based on these findings,the General Committee Meeting Agenda Tuesday,January 13,2015 Item 10 Page -2 -74 - January 13,2015 -3 -Report No.IES15-005 consultant recommended that the areas should be remediated as soon as possible following currently accepted procedures. Air samples were also taken to measure airborne spores.Samples were taken at two interior locations as well as an outdoor sample to set a baseline for background counts. In all cases the indoor are quality counts were lower than the outdoor environment suggesting that there is no immediate concern for use of the building.Although the species of mould are commonly found in our environment,airborne spores can be an allergen to sensitive persons or those with asthmatic conditions. Root cause of mould growth is high humidity with suspected causes related to air infiltration and effectiveness of dehumidification system The primary cause of mould growth in the arena areas is due to moisture content greater than 65%and thermal barrier conditions.At moisture levels above this target,there is a higher probability of condensation on cold surfaces as well as increased ambient moisture that supports spore growth.Also,in the area of the public seating section,there was inadequate insulation between the warm viewing space and the cold rink area creating a surface for condensation. Mould was also found in other areas of the building were there were either heat sources or other suitable conditions for growth.These included concrete walls adjacent to warm spaces,metal beams and ceiling and pipes,light fixtures and speakers. Preliminary results of building envelope integrity investigations have identified a number of issues with vapour barrier performance resulting in high air infiltration rates.This is turn creates an increased moisture load within the building causing an additional load on the dehumidification system which may therefore not be able to reduce humidity to the optimal level. Remediation recommendations to be phased to address root cause issues prior to reinstatement of public seating area The work plan for remediation will be phased to first remove the majority of mould growth (which is primarily in the ceiling of the seating area on the south end of the rink),and then to address building envelop and structural issues to ensure the environment is properly maintained before rebuilding the seating area. A separate report to Council will be prepared based on the results of the consultants reports on building envelope and structural assessment. Another aspect of the operation will be to review the benefit of all year ice maintenance as high humidity conditions typically occur during the summer months.The findings of this review will be brought back to Council for consideration in a future report. General Committee Meeting Agenda Tuesday,January 13,2015 Item 10 Page -3 -75 - January 13,2015 -4 -Report No.IES15-005 Seating area to be open to public once exiting canopy is removed The public seating area will be opened to the public once the existing covered canopy is removed and the area cleaned.This area will however not be heated as it will now be directly exposed to the cold area of the arena.It will also be necessary to install netting from the glass boards to the ceiling to prevent pucks from injuring spectators seated in this area.This netting is identified as a separate item and will be installed once the remediation work is completed. The cost to re-instate the warm viewing area will be reported in the 2016 budget once all remediation costs are finalized. Removal of seating area canopy and mould remediation tendered in late November To address the first priority areas of mould growth,it was recommended that the seating areas on the south side of the rink be remediated and the wood canopy removed until the other building environmental controls are corrected. The consultant developed a scope of work for this activity and this was tendered to qualified contractors.The results of the tender are as follows: Summary of Tender Submissions Tenderer Quoted Price A&O Contracting Inc $51,719.86 Caliber Environmental Construction Services $53,405.00 JMX Environmental Inc $61,100.00 I&I Construction Services Limited $104,848.00 Based on the tender results,it is recommended that A&O Contracting Inc.be retained to complete the remediation and removals at a cost of $51,719.86 excluding taxes. LINK TO STRATEGIC PLAN Strategic Plan Goal of Supporting an Exceptional Quality of Life for All Objective 2:Invest in sustainable infrastructure Establish policies and programs that enhance the accessibility and safety of new and existing facilities and infrastructure. ALTERNATIVE(S)TO THE RECOMMENDATIONS As directed by Council. General Committee Meeting Agenda Tuesday,January 13,2015 Item 10 Page -4 -76 - January 13,2015 -5 -Report No.IES15-005 FINANCIAL IMPLICATIONS The following Table summarizes project related costs as known to date based on the completed investigations and tender results.Additional costs are anticipated to rectify other expected deficiencies and will be presented to Council once fully assessed and costs are established. Table 5 -Budget and Cost Summary Investigations and Phase 1 remediation: Pinchin Environmental Consultant 50,000 A&O Contracting Inc (Remediation and removals)51,720 Installation of netting to protect exposed seating area 15,000 Subtotal 116,720 Contingency (15%)17,500 Non-refundable taxes (1.76%)2,360 Project Cost 136,580 There is no approved budget for this work,therefore staff are recommending that a capital project related to remediation and rectification of building deficiencies on the cold side of the AFLC be established in the amount of $136,580 to be funded from the facilities repair and replacement reserve. CONCLUSIONS Issues related to mould growth have been identified at the AFLC primarily in the south seating area of arena.Once discovered on September 30,2014,staff undertook a number of actions to identify and address the issues causing this situation. A budget of $136,580 for remediation of issues in the arena area is required to address immediate costs related to preliminary investigations and phase 1 removal and cleaning of the warm seating area canopy and adjacent areas at the south end of the ice rink. Additional costs are anticipated for further repairs and will be reported to Council once the consultant assessments are completed and a full scope of requirements is developed. PREVIOUS REPORTS None ATTACHMENTS None General Committee Meeting Agenda Tuesday,January 13,2015 Item 10 Page -5 -77 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 10 Page -6 -78 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.IES15-006 SUBJECT:Purchase Order Increase for Supply &Delivery of Fuel FROM:Ilmar Simanovskis,Director of Infrastructure &Environmental Services DATE:January 13,2015 RECOMMENDATIONS THAT Report No.IES15-006 be received;and THAT purchase order 103 (Valero Energy Inc.)be increased by $34,000 to an upset limit of $260,000,excluding taxes. PURPOSE OF THE REPORT The purpose of this report is to seek Council approval to increase the above purchase order to fund the cost of the supply and delivery of diesel and gasoline fuels for the balance of 2014. BACKGROUND The existing value of the Purchase Order is $226,000.An estimated amount of $34,000.00 in additional funds are required for the balance of 2014. COMMENTS Additional winter maintenance efforts related to the extreme winter weather and the higher than expected fuel costs throughout most of the year have resulted in a need to increase the 2014 purchase order. LINK TO STRATEGIC PLAN This project supports the Strategic Plan Goal of Supporting an Exceptional Quality of Life for All by investing in sustainable infrastructure.This project ensures the water and sewer service are provided to meet the needs and expectations of our community. General Committee Meeting Agenda Tuesday,January 13,2015 Item 11 Page -1 -79 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 11 Page -2 -80 - GENERAL COMMITTEE REPORT No.LLS15-001 SUBJECT:Legal &Legislative Services –Organizational Update FROM:Warren Mar,Director of Legal &Legislative Services/Town Solicitor DATE:January 13,2015 RECOMMENDATIONS THAT Report No.LLS15-001 be received for information. PURPOSE OF REPORT The purpose of this report is to update Council with information regarding the budgetary savings with the creation of the Legal &Legislative Services department,and the work responsibilities within the department. BACKGROUND On April 8,2014,Council adopted the following amended resolution: WHEREAS in December,a policy decision was made by Council to eliminate the position of Director of Customer and Legislative Services;and WHEREAS responsibility for the workload associated with the eliminated position was transferred to the Director of Legal Services;and WHEREAS the reason given for elimination of the director's position was to accomplish savings and reduce the tax burden. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to report on the precise details of how savings will be achieved while the work load continues to be accomplished. This report is presented in satisfaction of the Council resolution. COMMENTS Merging the operations of the previous Customer &Legislative Services (“CLS”)and TOWN OF AURORA General Committee Meeting Agenda Tuesday,January 13,2015 Item 12 Page -1 -81 - January 13,2015 -2 -Report No.LLS15-001 Legal Services departments into the new Legal &Legislative Services (“LLS”) department has resulted in the organization of the new department as shown in Appendix 1. Prior to amalgamation,CLS addressed the following functions: Council secretariat; Management of the Town’s insurance policy and claims process; Records management; Accessibility services; Purchasing services; Freedom of information requests; Marriage licenses and vital statistics; Municipal elections;and Town Clerk services Accessibility services and marriage licenses/vital statistics responsibilities were transitioned to Access Aurora,since those responsibilities are customer service oriented and fit within the mandate for that team.In addition,with licensing/vital statistics now residing in Access Aurora,there are multiple Town staff who can assist with the provision of these services on the main floor of Town Hall,providing better customer service than the single staff person who previously assisted residents on second floor. Prior to amalgamation,Legal Services provided a comprehensive suite of legal services to Council and the Town,including:real estate,land development,administrative law, municipal law,risk management,contract review,by-law preparation/review,litigation, legal opinions,and management of external legal counsel where required.The only change to this workload is that Legal Services now handles the Town’s insurance claims process,with the Town Clerk providing oversight with the advice of the Town Solicitor. As can be seen in Appendix 1,LLS operations have been divided into three (3)teams: Procurement Services: o overseeing and coordinating procurement activities of the Town for internal client departments Legislative Services: o preparation of Council and committee agenda materials and minutes, including Council secretariat functions; o providing Council and residents with information regarding the deliberations of Council,General Committee,and advisory committees; o insurance policy renewal for the Town and oversight of risk management policies (with assistance from Legal Services); General Committee Meeting Agenda Tuesday,January 13,2015 Item 12 Page -2 -82 - January 13,2015 -3 -Report No.LLS15-001 o coordinating the Town’s municipal elections services;and o records management and freedom of information requests Legal Services: o providing legal advice,services,and assistance to Council and internal Town clients,as noted above;and o handling the Town’s insurance claims process and assisting with the Town’s risk management policies LINK TO STRATEGIC PLAN The creation of LLS leverages the knowledge in two previously closely aligned departments to better serve internal Town clients and provide better services to the Town as it continues to grow.In doing so,it supports the Strategic Plan goal for investing in sustainable infrastructure by promoting the adaptability and flexibility of services to respond to demographic shifts. FINANCIAL IMPLICATIONS According to the final 2014 budget documents for LLS,as shown on Appendix 2,the merger of CLS and Legal Services created an immediate savings of $100,000.This savings was reflected in the 2014 budget for LLS,as shown on page 2 of Appendix 2. ALTERNATIVE(S)TO THE RECOMMENDATIONS None. CONCLUSIONS The workload of the merged CLS and Legal Services continues to successfully be accomplished in the new LLS department and through Access Aurora.This provided $100,000 in operational budget savings for 2014 and has improved customer service by expanding the role of services offered through Access Aurora by customer service representatives on the first floor of Town Hall. ATTACHMENTS Appendix 1:Legal &Legislative Services Organizational Chart Appendix 2:2014 Final Budget –Legal &Legislative Services General Committee Meeting Agenda Tuesday,January 13,2015 Item 12 Page -3 -83 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 12 Page -4 -84 - January 13,2015 -5 -Report No.LLS15-001 APPENDIX 1 Legal &Legislative Services Organizational Chart (Effective January 1,2015) DIRECTOR OF LEGAL &LEGISLATIVE SERVICES/TOWN SOLICITOR Warren Mar PROCUREMENT SERVICES Procurement Manager Anna Ruberto Procurement Consultant Vacant Procurement Advisor Nikki Lea LEGAL SERVICES Associate Solicitor Slawomir Szlapczynski Law Clerk Janet Van Scheyndel Law Clerk Sarah Gill Law Clerk Nicole Trudeau LEGISLATIVE SERVICES Town Clerk Stephen Huycke Program Manager –Records Management Kelly Vandette Records Management Clerk Bonita Boston Council/Committee Coordinator &Deputy Clerk Patty Thoma Council/Committee Secretary Linda Bottos Council/Committee Secretary Samantha Kong Departmental Assistant Polina Bulshtein TOTAL:14 FTEs +1 Contract +1 PT Council/Committee Secretary (as needed) +2 Summer Students General Committee Meeting Agenda Tuesday,January 13,2015 Item 12 Page -5 -85 - APPENDIX 2 General Committee Meeting Agenda Tuesday,January 13,2015 Item 12 Page -6 -86 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 12 Page -7 -87 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 12 Page -8 -88 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.LLS15-002 SUBJECT:Amendment to Subdivision Approval Conditions (Cash-in-Lieu of Parkland)–Addison Hall Business Park 2351528 Ontario Limited and Aurora-Leslie Developments Limited 15775 &15625 Leslie Street Part of Lots 23 &24,Concession 3 File:D12-01-14 FROM:Warren Mar,Director of Legal &Legislative Services/Town Solicitor DATE:January 13,2015 RECOMMENDATIONS THAT Report No.LLS15-002 be received;and THAT Condition No.12 of the Draft Plan of Subdivision Conditions of Approval for File:D12-01-14 be deleted and replaced with the following wording: “12.The Owner shall covenant and agree in the Subdivision Agreement to satisfy any cash-in-lieu of parkland requirements to the satisfaction of the Town Solicitor and the Director of Parks & Recreation Services in accordance with:(a)the Town’s By-law Number 4291-01.F,as amended or successor thereto and applicable policies;OR (b)a combination of a conveyance of lands pursuant to Condition No.54 and payment of cash-in-lieu of parkland at a rate of 1.513%per lot valued as of the day before the day a building permit is issued in respect of any development on each lot (notwithstanding any provisions to the contrary contained in the Town’s By-law Number 4291-01.F,as amended or successor thereto and applicable policies).”;and THAT Condition No.54 of the Draft Plan of Subdivision Conditions of Approval for File:D12-01-14 be deleted and replaced with the following wording: “54.The Owner shall covenant and agree in the Subdivision Agreement to convey certain lands to the Town as open space/trail lands,in accordance with the required Trail Location Plan,at no charge and free of all encumbrances,to the satisfaction of the Director of Parks &Recreation Services and the Town Solicitor.” General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -1 -89 - January 13,2015 -2 -Report No.LLS15-002 PURPOSE OF THE REPORT The purpose of this report is to provide an update to Council and put forward recommendations regarding amendments to the draft plan of subdivision conditions of approval (the “Conditions”)that were originally approved by Council on September 23, 2014. BACKGROUND The owners,2351528 Ontario Limited and Aurora-Leslie Developments Limited (collectively,the “Applicants”)submitted subdivision and zoning by-law amendment applications to develop a business park development over 76.6 hectares of land municipally known as 15775 and 15625 Leslie Street,Aurora (the “Property”).The Property is located on the east side of Leslie Street,north of Wellington Street East,and lies just north of the existing Smart Centres/State Farm development.The proposed business park includes a range of employment uses including office,warehousing,light manufacturing and related retail and commercial uses in accordance to the 2C Secondary Plan (OPA 73). The proposed draft plan of subdivision application was heard at the Public Planning Meeting held on June 25,2014.Further to that meeting,Council adopted the following resolutions on September 23,2014: “THAT report PL14-054 be received;and THAT application for Draft Plan of Subdivision D12-01-14 be approved,subject to the conditions outlined in Schedule ‘A’of this report; THAT Application to Amend the Zoning By-law File:D14-01-14 be approved,to rezone the subject lands from “Rural “RU”Zone”to “BP”–Business Park Exception Zone,“EP”–Environmental Protection and “O”–Major Open Space Exception Zone;and THAT by-laws to adopt the implementing zoning be presented at the Council meeting for enactment;and THAT the Urban and Architectural Design Guidelines for the subject lands, prepared by The Planning Partnership,dated March 2014,be approved;and THAT the Mayor and Town Clerk be authorized to execute a Subdivision Agreement,including any and all documents and all of the Agreements referenced in the Conditions of Approval,including any ancillary agreements required to give effect to same.” General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -2 -90 - January 13,2015 -3 -Report No.LLS15-002 Subsequently,Council adopted the required amendment to the Zoning By-Law for the Property on November 25,2014,as By-law Number 5673-14.No appeals have been filed against the subdivision approval or the Zoning By-law amendments. COMMENTS Open spaces,parks,and trails within the subdivision were addressed on Page 10 of Report No.PL14-054,which stated as follows (with certain excerpts underlined): “Although the Owner is not proposing any parkland within the draft plan of subdivision,the Owner will be provide a trail through the draft plan of subdivision. As such,pending on the actual size of the proposed trail,the Owner may be required to pay cash-in lieu of parkland pursuant to the requirements of the Planning Act. The proposed plan of subdivision includes environmental protection and open space blocks.Of the 76 total hectare property,approximately 9 hectares are proposed as open space and environmental protection lands. The Trails Network of the 2C Secondary Plan state that the actual layout and locations for the trails component are to be confirmed through the subdivision approval stage.The trail network within the development has been designed generally consistent with the requirements of the Aurora Trails Master Plan, consisting of on and off road trails located to ensure maximum visibility,clearly visible from the front of buildings,removed from the rear of buildings so as to ensure the safety of the users through the implementation of Crime Prevention Through Environmental Design (CPTED)measures.On August 26,2014,Park and Planning Staff walked the staked areas of the site for the proposed trail with the applicant.Parks &Recreation Services has reviewed the draft plan of subdivision and is satisfied with draft plan approval subject to the recommended conditions of approval listed in Schedule ‘A’.” As such,it was always contemplated that further refinement of the trail and environmental protection blocks were required,and the applicable cash-in-lieu of parkland would have to be determined by staff.This was reflected in the Conditions, under condition no.54,which states: “54.The Owner shall covenant and agree in the Subdivision Agreement to convey trail Blocks 37 &38,as may be revised in accordance with the Trail Location Plan,to the Town as Open Space lands,at no charge and free of all encumbrances in satisfaction of the provisions of Section 51 of the Planning Act and the Town of Aurora By-law 4291-01.F to the satisfaction of the Director of Parks &Recreation Services.The Owner further agrees to pay cash in-lieu on any remaining balance pursuant to General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -3 -91 - January 13,2015 -4 -Report No.LLS15-002 Section 51 of the Planning Act to the satisfaction of the Director of Parks & Recreation Services.” After Council’s adoption of the Conditions,staff from Parks &Recreation Services completed a site walk with representatives of the Applicants.Thereafter,in a meeting between the Applicants,Parks &Recreation Services staff,and Planning & Development Services staff in November 2014,the trail/environmental protection blocks were finalized and the balance of cash-in-lieu of parkland payable to the Town was confirmed. The Applicants have agreed to convey an additional 0.548 hectares of land,to form a new Block 28 that encompasses the entire trail/open space lands in the subdivision, totalling 4.346 hectares (please see “Figure 3”).Of this additional 0.548 hectares of land,0.2783 hectares are considered developable,and will be credited to the Applicants against the cash-in-lieu of parkland normally payable.Accordingly,cash-in-lieu of parkland will be payable at the rate of 1.513%of the value of each development lot upon the issuance of a building permit for such lot. The combination of the land being transferred to the Town and the cash-in-lieu of parkland received at the time of each building permit issuance is expected to yield the maximum amount of cash-in-lieu of parkland payable under the Planning Act for commercial or industrial development (being an amount equal to 2%of the land that would otherwise be required to be conveyed under the Planning Act). The recent agreement of the parties,however,is not consistent with the wording in condition no.54,as the condition contemplates that the remaining cash-in-lieu of parkland balance be valued as of the day before approval of the draft plan of subdivision (section 51.1 of the Planning Act),whereas the parties agreed in principle that the remaining cash-in-lieu of parkland balance be valued as of the day before building permit issuance (section 42 of the Planning Act). In addition,condition no.54 contradicts the Town’s Cash-in-Lieu of Parkland By-law Number 4291-01.F (the “By-law”)and also condition no.12,which states: “12.The Owner shall covenant and agree in the Subdivision Agreement to satisfy any cash-in-lieu of parkland requirements to the satisfaction of the Town Solicitor in accordance with:a)the Town’s By-law Number 4291- 01.F,as amended or successor thereto and applicable policies;and b) any related Parkland Agreements imposed by the Town.” This is the standard clause in most draft plan of subdivision conditions of approval for the Town,as Legal Services is responsible for calculating and determining the amount of cash-in-lieu of parkland payable,and is charged with interpreting the By-law.Section 3 of the By-law (attached hereto as “Appendix 1”)states that in lieu of the transfer of parkland,the Town may require that cash be paid to the Town equal to the value of the General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -4 -92 - January 13,2015 -5 -Report No.LLS15-002 lands otherwise required to be conveyed (in the case of commercial or industrial development,a value equal to 2%of the land to be developed),with the value to be determined as of the day before building permit issuance (i.e.,pursuant to s.42 of the Planning Act).However,condition no.54 states that the value should be determined as of the day before approval of the draft plan of subdivision (i.e.,pursuant to section 51.1 of the Planning Act).Generally,valuations as of the day before building permit issuance are higher than the value of land the day before approve of the draft plan, thereby maximizing the amount of cash-in-lieu of parkland payable. It is also noted that section 5 of the By-law allows the Town to require a combination of land or cash-in-lieu at the specified standards and values contained in the By-law. Accordingly,in order to rectify the issues contained in condition nos.12 and 54,it is recommended that Council amend both conditions to read as follows: “12.The Owner shall covenant and agree in the Subdivision Agreement to satisfy any cash-in-lieu of parkland requirements to the satisfaction of the Town Solicitor and the Director of Parks &Recreation Services in accordance with:(a)the Town’s By-law Number 4291-01.F,as amended or successor thereto and applicable policies;OR (b)a combination of a conveyance of lands pursuant to Condition No.54 and payment of cash- in-lieu of parkland at a rate of 1.513%per lot valued as of the day before the day a building permit is issued in respect of any development on each lot (notwithstanding any provisions to the contrary contained in the Town’s By-law Number 4291-01.F,as amended or successor thereto and applicable policies).” “54.The Owner shall covenant and agree in the Subdivision Agreement to convey certain lands to the Town as open space/trail lands,in accordance with the required Trail Location Plan,at no charge and free of all encumbrances,to the satisfaction of the Director of Parks &Recreation Services and the Town Solicitor.” Adoption of this revised wording will allow staff to incorporate the cash-in-lieu of parkland agreement with the Applicants in the Subdivision Agreement. LINK TO STRATEGIC PLAN The proposed draft plan of subdivision supports the Strategic Plan Goal of Enabling a Diverse,Creative and Resilient Economy through promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business; The proposed plan of subdivision also supports the Strategic Plan Goal of Supporting environmental stewardship and sustainability and the objectives of encouraging General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -5 -93 - January 13,2015 -6 -Report No.LLS15-002 the stewardship of Aurora’s natural resources and promoting and advancing green initiatives.The goal and these objectives are supported through the plan of subdivision process by conducting detailed analysis and evaluation of natural features, as well as identifying means of securing,protecting and enhancing those features both during the development process and after the site is built. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Direct staff to report back to Council with further revisions to draft plan condition nos.12 and 54. FINANCIAL IMPLICATIONS Cash-in-lieu of parkland will be payable prior to the issuance of a building permit for each lot as the subdivision is developed,in accordance with the revised draft plan condition nos.12 and 54. CONCLUSIONS After further internal review,and after discussions with the Applicants to confirm the location of the trail and open space blocks,staff have determined that condition nos.12 and 54 require amendment in order to eliminate conflicts within the Conditions and with the Town’s Cash-in-Lieu of Parkland By-law.Adoption of the amendments will allow staff to draft a proper Subdivision Agreement that gives effect to the agreed upon location of the trail and open space blocks,while maximizing the amount of cash-in-lieu of parkland that may be collected pursuant to the Planning Act. PREVIOUS REPORTS Public Planning Meeting Report No.PL14-046,dated June 25,2014. General Committee Report No.PL14-054,dated September 16,2014. ATTACHMENTS Figure 1 –Proposed Draft Plan of Subdivision (from Report No.PL14-054) Figure 2 –Greenlands &Trails Schedule ‘B’(OPA 73) Figure 3 –Proposed Draft Plan of Subdivision –Revised Appendix 1 –By-law Number 4291-01.F General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -6 -94 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -7 -95 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -8 -96 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -9 -97 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -10 -98 - APPENDIX 1 General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -11 -99 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 13 Page -12 -100 - GENERAL COMMITTEE REPORT No.LLS15-007 SUBJECT:2015 Insurance Program Renewal FROM:Warren Mar,Director of Legal &Legislative Services/Town Solicitor DATE:January 13,2015 RECOMMENDATIONS THAT report LLS15-007 be received;and THAT Council authorize the renewal of the Town’s insurance coverage with BFL CANADA Risk and Insurance Services Inc.(“BFL”)for 2015 based on the insurance premium amount of $574,073.00 plus PST,and maintain the existing $10,000 deductible limits for the insurance policy in 2015;and THAT the Mayor and Town Clerk be authorized to execute any necessary agreements or documentation required to give effect to the same;and THAT staff be directed to issue a Request for Proposals to obtain competitive insurance rates for 2016,and that staff invite the Town’s N6 municipal partners to participate in same. PURPOSE OF THE REPORT The purpose of this report is to request authorization to renew the Town’s insurance for 2015 and pay the Town’s insurance premiums outside of the 2015 budget process.In addition,staff are seeking authority to advertise a Request for Proposals to determine if a more favourable rate can be obtained for the Town’s insurance premiums for 2016. BACKGROUND The Town’s insurance is in effect from January 1 to December 31 in any given year.As such,the Town’s insurance is required to be renewed. The Town joined a Request for Proposals initiative with its N6 Partners in 2011 for insurance and risk management services.As a result,the Town executed a contract with BFL for the provision of those services from January 2012 to December 2015. Despite the increase in insurance premiums over this time period,the performance of TOWN OF AURORA General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -1 -101 - January 13,2015 -2 -Report No.LLS15-007 BFL has been exceptional and staff recommend renewing the Town’s contract with BFL for 2015. The Town’s insurance renewal premium is required to be paid within thirty (30)days of the receipt of the renewal invoice.As such,staff are seeking authorization from Council to pay the Town’s 2015 insurance premium in advance of the Town’s budget approval process. COMMENTS Town’s Insurance Coverage The Town’s standard municipal insurance coverage is broken down into the following areas: (a)Municipal General Liability:provides coverage for general bodily injury and property damage that may be caused by the Town’s actions or inactions. This also covers liability attributable to public officials. (b)Excess Liability:provides additional insurance coverage for large losses/claims that are in excess of the Town’s general liability coverage. (c)Environmental Impairment Liability:provides specific coverage for environmental damage or pollution caused by the Town or impacting the Town’s property that is caused by a third party. (d)Automobile:automobile insurance coverage for the Town’s vehicle fleet. (e)Property/Crime:property insurance for the Town’s buildings and facilities, covering items such as fire damage,burglary/crime,and boiler and machinery. (f)Municipal Officials’Accident:accident,death,and dismemberment coverage for members of Council. 2014 Insurance Premium for the Town In 2014,the total insurance premium was $515,508 plus PST.This amount was based on a $10,000 deductible for the Town’s general liability,environmental impairment liability,automobile,and property coverage (there is no deductible for excess liability, municipal officials’accident,or acts of crime specifically).For clarification,the deductible amount is the amount of expenses that the Town would be responsible for paying before the insurer/underwriter will pay any expenses related to a claim. General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -2 -102 - January 13,2015 -3 -Report No.LLS15-007 2015 Insurance Premium for the Town According to BFL,the total insurance premium for 2015 is $574,073 plus PST,based on the same $10,000 deductible (please note there is no PST payable on the automobile portion of the insurance premium). This equates to an overall increase of $58,565 or 11.4%from 2014 (excluding PST), which BFL has informed staff is the best rate it was able to obtain after discussions with available underwriters. The premiums for 2014 and 2015 are summarized as follows: Line of Coverage 2014 Premium 2015 Premium Difference Municipal General Liability (includes Public Officials Liability,Employee Benefits Liability, Legal Expense Insurance,Non-Owned Automobile and Excess Liability) $326,895 $359,548 $32,653 Excess Liability $40,500 $58,800 $18,300 Environmental Impairment Liability $19,238 $19,250 $12 Crime $1,250 $1,875 $625 Owned Automobile $20,574 $22,218 $1,644 Property (Includes Boiler &Machinery and Computer/EDP/Media)$105,611 $110,942 $5,331 Municipal Officials Accident $1,440 $1,440 $0 Total All Lines $515,508 $574,073 $58,565 According to BFL,the overall insurance premium increase is based on a number of factors,mainly: 1.Municipal Liability increased by $32,653: a)Market conditions for Ontario municipalities (loss trends,joint &several liability),and an unfavourable loss history for the Town have accounted for an increase of $32,653. General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -3 -103 - January 13,2015 -4 -Report No.LLS15-007 2.Excess Liability increased by $18,300: a)Market conditions for Ontario municipalities (loss trends,joint &several Liability)have resulted in $18,300 of additional premiums. 3.Owned Automobile increased by $1,644: a)An average 4%rate increase was applied to all scheduled vehicles; b)3 additional vehicles were added to the policy. 4.Property premium has increased by $5,331: a)The Property rate has increase slightly from last term,from a factor of $0.062 to a factor of $0.0715 (this factor is assessed against the total value of the Town’s property and facilities (excluding automobiles),then divided by 100 to determine the premium). Opportunity for Premium Decrease BFL has again noted that there is an opportunity for the Town to decrease its total insurance premium costs if the deductible amount is raised to either $25,000 or $50,000. According to BFL,if the deductible is raised to $25,000,the total insurance premium for 2015 will be $543,578.This would limit the overall premium increase to $28,070 or 5.4%. If the deductible is raised to $50,000,the total insurance premium for 2015 will be $506,825.This would further limit the overall premium increase to $8,683 or 1.7%. INSURANCE DEDUCTIBLE 2015 INSURANCE PREMIUM (excluding PST) $10,000 $574,073 $25,000 $543,578 $50,000 $506,825 In order to evaluate whether or not it made financial sense to increase the Town’s deductible,Town staff undertook a detailed analysis in 2014 of the Town’s insurance claims from 2011,2012,and 2013 and applied a higher deductible of $25,000 and $50,000. As part of that analysis,staff looked at all of the costs expended in addressing insurance claims.This included: fees for the adjuster; external legal counsel; settlement costs where it is determined that the Town is at fault; General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -4 -104 - January 13,2015 -5 -Report No.LLS15-007 the remaining exposure/liability based on the amount of the claim,up to the deductible amount;and the cost of staff time in addressing the claims. As a result of that analysis,staff continue to believe that moving to a higher deductible would likely not present an overall cost savings to the Town –instead,costs would likely increase.The reduction in premiums is not sufficient to justify moving to a higher deductible. It should be noted that the Town currently budgets $50,000/year to handle all claims below the current $10,000 deductible,and $25,000/year for related insurance adjuster fees.Should the deductible limit be raised,there would need to be a related increase in the yearly budget for these amounts,which would likely offset any savings in the insurance premium. LINK TO STRATEGIC PLAN Reviewing,understanding and providing the appropriate level of insurance for Town’s needs while ensuring financial prudence contribute to achieving the Strategic Plan guiding principle of “Leadership in Corporate Management”and improves transparency and accountability to the community. FINANCIAL IMPLICATIONS According to BFL,the total insurance premium for 2015 is $574,073 plus PST,based on the current $10,000 deductible.This equates to an overall increase of $58,565 or 11.4%from 2014,which BFL has informed staff is the best rate it was able to obtain after discussions with available underwriters. For 2015,the Town has budgeted $574,073 plus PST for insurance premiums as follows: Legal &Legislative Services Budget $531,400 Fleet (Infrastructure &Environmental Services)Budget $25,000 Water Rate Program $61,822 TOTAL BUDGETED $618,222 Insurance Premium -2015 $574,073 PST (non-refundable)(not applicable to automobile portion of insurance premium) $44,148 TOTAL COST $618,222 General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -5 -105 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -6 -106 - Attachment #1 General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -7 -107 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -8 -108 - Attachment #2 General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -9 -109 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -10 -110 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -11 -111 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -12 -112 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -13 -113 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -14 -114 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -15 -115 - Attachment #3 General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -16 -116 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -17 -117 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -18 -118 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -19 -119 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -20 -120 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -21 -121 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -22 -122 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -23 -123 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -24 -124 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -25 -125 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -26 -126 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -27 -127 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -28 -128 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -29 -129 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -30 -130 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -31 -131 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -32 -132 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -33 -133 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -34 -134 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -35 -135 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -36 -136 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -37 -137 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -38 -138 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -39 -139 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -40 -140 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -41 -141 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -42 -142 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -43 -143 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -44 -144 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 14 Page -45 -145 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.LLS15-008 SUBJECT:Highland Gate Golf Club –One-Foot Reserves FROM:Warren Mar,Director of Legal &Legislative Services/Town Solicitor DATE:January 13,2015 RECOMMENDATIONS THAT report LLS15-008 be received for information;and THAT staff place additional information about the Highland Gate Golf Club property on the Town’s website as new information is obtained. PURPOSE OF THE REPORT The purpose of this report is to provide Council with information regarding the existence of one- foot reserves within and adjacent to the Highland Gate Golf Club property. BACKGROUND The Highland Gate Golf Club and associated golf course property (“Highland Gate”)has existed since 1931,from Yonge Street in the east to Bathurst Street in the west,lying south of Kennedy Street West.Over time,the original golf course has shrunk and been subjected to infill development,which has shaped the present-day course.The current municipal address is 21 Golf Links Drive. In the 1980s Highland Gate experienced significant development over multiple phases and multiple subdivision plans that created the residential areas that exist through the middle of the golf course (as shown on Figures 2A,2B,3A,and 3B).Through a development corporation called Granada Investments Inc.,residential development occurred along the newly-created Golf Links Drive,Timberline Trail,Cranberry Lane,and other adjacent new roadways.According to Town records,these phases occurred from 1980 until 1987,leaving the development within the golf course lands how it looks today.During this period of development,most of the one-foot reserves were established,joining existing one-foot reserves that were placed earlier in time (the 1960s)that abut the stub-end of roads that end on the northeast and southeast portion of the golf course (e.g.,at the end of Highland Court and Eldon Crescent).All of these one-foot reserves are shown on Figures 4A and 4B. In the early 1990s Granada Investments Inc.submitted plans and applications (which were later taken over by Kingridge Investments)to further infill certain portions of Highland Gate that were General Committee Meeting Agenda Tuesday,January 13,2015 Item 15 Page -1 -146 - January 13,2015 -2 -Report No.LLS15-008 not developed in the 1980s.This included plans for a portion of the golf course north of the road known as Highland Gate adjacent to Bathurst Street;along Murray Drive across from Trillium Drive;and between Marsh Harbour and Cranberry Lane.In 1991,after hearing from the applicant and residents in the area,Council decided not to approve further development until certain golf course design and planning matters could be addressed and it could be assured that the golf course could still function properly with the additional development.Council also declared that the existing one-foot reserves would remain in place. Well into 1992,the developer continued to work with the Town to address the concerns raised by Council and staff.Thereafter,development sputtered to a halt (as the Toronto-area real estate market was in severe decline and reaching its nadir at this time),and the Town’s file related to this residential development at Highland Gate was closed in 1995. According to Land Registry Office records,ClubLink is the current owner of Highland Gate, having purchased the property in 1997.In 2004,applications were submitted to construct a new clubhouse and parking lot for Highland Gate,at its current location on Golf Links Drive. The above is a brief summary of how development has proceeded at Highland Gate in the recent past.There are currently over 20 file boxes being stored by the Town related to all of the above development. ClubLink recently announced that as of November 9,2014,Highland Gate was permanently closing.On November 25,2014,Council adopted the following resolution: “THAT staff be directed to provide information regarding the one-foot reserve around the Highland Gate Golf Course.” As staff were researching the title and property issues of the golf course,it was discovered that certain transfers recently occurred on the Highland Gate lands.The entire golf course is made up of a complicated set of over a dozen individual parcels of land,as recorded by the Land Registry Office. After further discussions with ClubLink,in late December 2014 staff were informed that ClubLink has an agreement in place to sell a 50%interest in the Highland Gate lands to Geranium Corporation,and ClubLink and Geranium Corporation will be jointly proceeding with residential development in Highland Gate.This was announced publicly on December 23,2014.Title to the entire Highland Gate lands will be held by a holding company/trustee by the name of Aurora (HGD)Inc.These transfers of title and ownership are currently underway. To date,there has been no application filed with the Town to develop the Highland Gate golf course lands.Staff will keep Council and the public informed as matters progress on the site. General Committee Meeting Agenda Tuesday,January 13,2015 Item 15 Page -2 -147 - January 13,2015 -3 -Report No.LLS15-008 COMMENTS The Legal Nature of One-Foot Reserves One-foot reserves along public highways or at the end of public highways are a common planning tool used by municipalities in order to control access and development,and enable municipalities to require that developers enter into the appropriate development agreements and installation of services before building permits are issued.1 Once construction is completed, occupancy is granted by the municipality and underlying services are assumed,at which point the one-foot reserves usually become part of the public highway and municipal street.2 One-foot reserves are basically a way to guide development and ensure that it occurs in an appropriate fashion,according to established plans,guidelines,and provincial policies. While municipalities have been able to uphold the use of one-foot reserves in court as a proper planning tool,the use of one-foot reserves is subject to certain rules,as established in case law. As far back as 1965,Ontario courts have recognized that the use of one-foot reserves has limitations.For example,the Ontario High Court of Justice ruled that restricting access over a one-foot reserve,taken as part of a road expropriation,cannot be used to extract funds from adjacent landowners to offset the cost of such roadway service works.3 More recently,a 2004 case at the Ontario Superior Court of Justice outlined what considerations a municipality must have when determining when to remove a one-foot reserve.The facts in the case of Ontario Mission of the Deaf v.The Corporation of the City of Barrie 4 are summarized as follows: The Ontario Mission of the Deaf (the "Mission")owned a large tract of land in the City of Barrie (the "City").The Mission planned to develop the southerly piece of the land as a facility for the long-term care of the deaf,and another portion as a residential subdivision.A portion of lands north of the subdivision was to be dedicated to the City as environmentally protected property.This gave rise to a dispute between the Mission and the City.In 2003, the Ontario Municipal Board decided that there was no planning justification for connecting the approval of the facility for the deaf to dedication of the environmentally protected lands, and granted site plan approval for the long-term care facility.Along the western boundary of the site for the long-term care facility,the City had a 0.3 metre (one-foot)reserve that separated the site from access to a municipal roadway and to the municipal services beneath the road.The Mission required access over the one-foot reserve in order to construct its long-term care facility.However,after losing at the Ontario Municipal Board,the City decided to use its rights over the one-foot reserve as leverage regarding the environmentally protected lands,and refused to lift the reserve until the size of the environmentally protected 1 829972 Ontario Ltd.v.Woodstock (City),[1992]O.J.No.619. 2 Bost Properties Inc.v.Highland West Developments Inc.,[2002]O.J.No.477 at para.21.3 Re Wasserman and City of Hamilton,[1965]2 O.R.660-665. 4 [2004]O.J.No.1269 (hereinafter “Ontario Mission”). General Committee Meeting Agenda Tuesday,January 13,2015 Item 15 Page -3 -148 - January 13,2015 -4 -Report No.LLS15-008 lands was settled.5 The Court eventually determined that the City was not allowed to use its one-foot reserve in this manner.As stated by Justice Marchand: “Truly,the municipality is wrong in its position that as an ‘owner’of the lands,they reserve to themselves an absolute right as to the time and place when such is to be disposed.This one foot reserve was acquired by the municipality to serve the aforementioned purpose [to ensure the orderly development of land]. … The use of a [0.3]metre reserve is appropriate only for the purpose of ensuring that uncontrolled development which amounts to bad planning be prevented.They ought not to be used as a form of ‘trump’to set aside Board decisions made on the planning merits of a case. In exercising discretion,a Minister of the Crown or a municipality must base any decision upon a weighing of considerations pertinent to the object of the administration.There is no such thing as:...absolute or untrammeled discretion,that is,action can be taken on any ground or for any reason that can be suggested to the mind of the administrator;no legislative Act can,without express language,be taken to contemplate an unlimited arbitrary power exercisable for any purpose,however capricious or irrelevant,regardless of the nature or purpose of the statute. I also find that as the refusal to lift the 0.3 metre reserve is not absolute,and as it must be discretionary,such exercise of discretion must be based upon proper principles and must not be influenced by extraneous irrelevant and collateral consideration. Even where the legislation describes the authority to be exercised as being in the decision maker's ‘absolute discretion’,the exercise must still be based on relevant considerations,must not be arbitrary and must be made in good faith. … Even where the courts have declined to order a municipality to lift a 0.3 metre reserve, the courts have acknowledged that there are limitations on a municipality's discretion in deciding whether or not to lift a reserve.Thus,the courts inquire as to whether the municipality has acted in bad faith,whether its decision is reasonable or arbitrary and whether the land owner has complied with the requirements of the municipality.”6 Therefore,based on the Ontario Mission case and other existing case law,a municipality exercising its discretion to lift a one-foot reserve cannot make its decision in bad faith,for arbitrary reasons,or for extraneous,irrelevant,or collateral considerations that have nothing 5 Ibid,at paras.1 to 8,and case summary. 6 Ibid,at paras.17 to 21 and para.24. General Committee Meeting Agenda Tuesday,January 13,2015 Item 15 Page -4 -149 - January 13,2015 -5 -Report No.LLS15-008 to do with relevant planning principles. A final note is that the Ontario Municipal Board does not have jurisdiction to order a municipality to lift a one-foot reserve –this must be done through the Superior Court of Justice.7 Practically speaking,using a one-foot reserve to frustrate a developer after a municipality loses planning arguments at the Board would likely be seen by the Court as an inappropriate attempt to set aside or frustrate the Board’s decision. One-Foot Reserves in Highland Gate The Highland Gate property contains multiple one-foot reserves,as shown on Figures 4A and 4B.Generally,the one-foot reserves on the eastern portion of Highland Gate are at the end of stub roads that would otherwise lead onto the golf course.On the western portion of Highland Gate,the one-foot reserves lie along stretches of Timberline Trail,Cranberry Lane, and Marsh Harbour. ALTERNATIVE(S)TO THE RECOMMENDATIONS None. FINANCIAL IMPLICATIONS None. CONCLUSIONS One-foot reserves do exist within Highland Gate,but their use as “leverage”in any future development of the lands cannot be heavy-handed or arbitrary.The purpose of one-foot reserves as a planning tool is to enable municipalities to control access and development on the adjacent lands.The courts have ruled that a municipality exercising its discretion to lift a one- foot reserve cannot make its decision in bad faith,for arbitrary reasons,or for extraneous, irrelevant,or collateral considerations that have nothing to do with relevant planning principles. ATTACHMENTS Figures 1A and 1B:1971 Aerial Photos of Highland Gate Figures 2A and 2B:LSRCA Regulation Limit and Hydrologically Sensitive Areas 7 Middlesex Centre (Township)Official Plan Amendment One Foot Reserve (Re),[1999]O.M.B.D.No.632 at paras.2 and 15. General Committee Meeting Agenda Tuesday,January 13,2015 Item 15 Page -5 -150 - January 13,2015 -6 -Report No.LLS15-008 Figures 3A and 3B:Existing Subdivision Plan Overlay –Highland Gate Figures 4A and 4B:One-Foot Reserves –Highland Gate PRE-SUBMISSION REVIEW Chief Administrative Officer –January 8,2015 Prepared by:Warren Mar,Director of Legal &Legislative Services/Town Solicitor,ext. 4758. ______________________________________________________ Warren Mar Neil Garbe Director of Legal &Legislative Chief Administrative Officer Services/Town Solicitor General Committee Meeting Agenda Tuesday,January 13,2015 Item 15 Page -6 -151 - Please note that colour printouts of the Attachments to Report No.LLS15-008 will be inserted separately into the agenda and will not be included in the page numbering. General Committee Meeting Agenda Tuesday,January 13,2015 Item 15 Page -7 -152 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.PL15-001 SUBJECT:Site Plan Amendment Application Karma Tekchen Zabsal Ling Centre (KTZL) 13900 Leslie Street File:SP-2014-05 FROM:Marco Ramunno,Director of Planning &Development Services DATE:January 13,2015 RECOMMENDATIONS THAT Report No.PL15-001 be received;and THAT Site Plan Application File SP-2014-05 (KTZL)BE APPROVED to permit the development of the subject lands for the conversion of the existing building to an institutional use permitted by the Amending Zoning By-law;and THAT Council enact the related Zoning By-law Amendment at a future Council Meeting;and THAT the Mayor and Town Clerk be authorized to execute the Site Plan Agreement,including any and all documents and ancillary agreements required to give effect to same. PURPOSE OF THE REPORT The purpose of this report is to provide Council with an evaluation and recommendations regarding the Site Plan Application submitted by Karma Tekchen Zabsal Ling Centre (KTZL)to allow a Place of Worship/Institutional Use (Buddhist Meditation Centre)within the existing structure on the subject lands. BACKGROUND History Official Plan &Zoning Applications Applications to Amend the Official Plan (File:D09-06-06/OPA-2006-06)and Zoning By- law (File:D14-18-06/ZBA-2006-18)were submitted in August,2006 by KTZL.Staff requested additional information from the Owner’s consultant at the time to enable the General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -1 -153 - January 13,2015 -2 -Report No.PL15-001 review and circulation of the applications.The Owner’s consultant delayed in responding to Staff’s requests and the applications were held in abeyance.The Town’s By-law Services division received a complaint regarding the activities of the subject property which prompted Staff to contact the Owner directly and advise of the status of the previously submitted incomplete applications.KTZL subsequently retained Michael Smith Planning Consultants to handle the subject applications and submit the requisite information needed to deem the applications complete in accordance with the Planning Act,RSO.1990.The Official Plan and Zoning By-law Amendment applications were deemed to be complete in August of 2010. Public Planning Meeting A statutory Public Planning meeting for the above mentioned applications was held on April 27,2011 in accordance with the provisions of the Planning Act.Six (6)members of the public attended,of which five (5)were opposed to the proposed applications.At that meeting,Council passed the following resolution: “THAT the Public Planning Meeting report for the Applications to Amend the Official Plan and Zoning By-law,Files:D09-06-06 and D14-08-06 be received; and THAT comments presented at the Public Planning Meeting be addressed by the Planning &Development Services Department in a comprehensive report outlining recommendations and options at a future General Committee Meeting.” As a follow up to the Public Planning Meeting,the Owner hosted an open house on June 8,2011 at the subject property to allow residents to tour the property and answer any questions that they may have in relation to the operations of the facility. York Region Official Plan Approval York Region,being the approval authority for the proposed Official Plan Amendments to local municipal Official Plans was circulated the subject proposal for comment.In their letter to the Town dated July 6,2011,York Region advised that the subject proposal did not conform to their in-force 1994 York Region Official Plan (ROP)and that the subject proposal required a Regional Official Plan Amendment (ROPA)application.The Town held the applications in abeyance in order to allow the Owner to submit the requisite ROPA application to York Region. The KTZL ROPA application was deemed complete on January 19,2012.A Public Meeting for the ROPA application was held on May 2,2012.York Region requested that a position from the local municipality on the proposal was needed prior to the finalization of the ROPA application. Based on the above,Town Staff brought an additional report (PL12-042)forward to General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -2 -154 - January 13,2015 -3 -Report No.PL15-001 General Committee on September 4,2012.At that meeting Council passed the following resolution: “THAT staff report Pl12-042 be received; THAT Application to Amend the Official Plan File:D09-06-06 BE APPROVED,to redesignate the subject lands from “Oak Ridges Moraine Countryside Area”to “Oak ridges Moraine Countryside Area Special”to permit a Place of Worship (Buddhist Meditation Centre); THAT Application to Amend the Zoning By-law File:D14-08-06 BE APPROVED, to rezone the subject lands from “Oak ridges Moraine Countryside Area (C-ORM) Zone”to a site specific “Oak Ridges Moraine Countryside (C-ORM)Exception Zone”to permit a Place of Worship (Buddhist Meditation Centre)within the existing residential dwelling;and THAT by-laws to adopt the Official Plan Amendment and implement the Zoning By-law be presented at a future Council Meeting for enactment” The Town adopted Official Plan Amendment No.1 on September 25,2012. Subsequently,the Regional Municipality of York Council adopted Amendment No.70 to the Official Plan for the Regional Municipality of York on December 19,2013 to permit a place of worship within the existing structure at 139000 Leslie Street in the Town of Aurora. Site Plan Application The subject Site Plan Application was submitted on June 20,2014 to address the proposed site changes to facilitate the additional parking area required for the Place of Worship use.In this regard it is noted that the Owner is proposing to establish a Place of Worship use within the existing Residential dwelling which requires additional parking.The parking is proposed to be located at the rear of the lot and a total of 71 parking spaces are proposed to accommodate the Buddhist temple use. Location/Land Use As illustrated by Figure 1,the subject lands are located on the west side of Leslie Street,north of Bloomington Road and are surrounded by residential and agricultural land uses.The property is municipally known as 13900 Leslie Street,and legally described as Part of Lots 11 and 12,Concession 2,E.Y.S.The subject property has the following characteristics: Approximately 2.23 hectares (5.51 acres)in size; Frontage of 64.96 metres (213 feet)along Leslie Street; Contains a two-storey brick detached residential dwelling (1,340m2 or 14,424 ft2);a one-storey vinyl clad detached residential dwelling (110m2 or 1,184ft2); General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -3 -155 - January 13,2015 -4 -Report No.PL15-001 and,a detached frame garage (979ft2 or 90.95m2).None of these structures have heritage status;and, An asphalt area behind the two-storey dwelling. The surrounding land uses are as follows: North:Oak Ridges Moraine Countryside Area lands used for residential and agricultural purposes; South:Oak Ridges Moraine Countryside Area lands used for agricultural purposes; East:Leslie Street beyond which is an existing estate residential subdivision (Bovair Trail and Dafoe Court);and West:Oak Ridges Moraine Countryside Area lands used for agricultural purposes. Town of Aurora Official Plan As illustrated by Figure 2,the subject lands are designated as “Oak Ridges Moraine Countryside Area –Special”through approved and in force Official Plan Amendment No.1.The Oak Ridges Moraine Countryside Area –Special designations permits a Place of Worship within the existing 1,340m2 (14,424 ft2)two storey detached residential dwelling and shall occupy a maximum of 575m2 (6,190m2)of said dwelling.The remainder of the dwelling shall be used for residential purposes.The second existing detached dwelling,being a 110m2 (1,184 ft2)one storey building shall only be used as a guest house.All other provisions of the “Oak Ridges Moraine Countryside Area” designation and OPA 48 shall continue to apply. Zoning By-law The subject lands are currently zoned “Oak Ridges Moraine Countryside Area (C-ORM) by the Town of Aurora Zoning By-law 2213-78,as amended (see Figure 3).This zone category permits a limited range of agricultural and rural uses and does not include institutional uses.Therefore an amendment to the Zoning By-law is required to facilitate the proposed Institutional use.Council approved the proposed Zoning By-law Amendment (File:D14-18-06/ZBA-2006-18),but the enacting By-law was not brought forward until a Site Plan Application had been reviewed by Town Staff.The By-law will be brought forward to the January 20,2015 Council meeting for enactment. Proposed Site Development The Owner proposes to utilize the existing residential structure on site for the proposed Buddhist Meditation Centre.No new development,with the exception of an addition to the parking area to meet by-law requirements,is proposed if the application is approved (Figure 4).Details of the proposal provided by the applicant are as follows: General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -4 -156 - January 13,2015 -5 -Report No.PL15-001 575m2 (6,189ft2)of the two-storey 1340m2 (14,424ft2)detached residential dwelling will be devoted to the Place of Worship (Buddhist Meditation Centre). This portion of the building,situated in the lower level of the dwelling will be used for teaching,meditation and prayers.The remainder of the building will be used for the Lama’s (Minister’s)residence and guest accommodation for visiting students.Visiting students may stay at the centre for up to 7 days; An accessibility ramp on the east side of the existing building and an emergency stairwell on the north side of the building will be installed to accommodate the institutional use within the existing residential dwelling; The existing one-storey detached vinyl clad residential dwelling will be used as a guesthouse.It will remain unoccupied and used only when a Buddhist “Master” visits the centre.These visits may occur once a year or once every two years; and The existing garage will be used for storage. For information purposes,the applicant has advised that teaching,meditations and prayers primarily occur on the week-ends;with one mid-week session usually occurring on Wednesday.All teaching,meditations and prayers occur within the dwelling. The applicant has further advised that the estimated average number of visitors to the centre is between 15 and 30 visitors on week-ends and 10 visitors at the mid-week session.Once a year,a one (1)celebration occurs with approximately 120 visitors to the centre on a daily basis. COMMENTS Official Plan As identified above,the subject lands are designated “Oak Ridges Moraine Countryside Area –Special”which per Official Plan Amendment No.1 permits the Place of Worship use.Section 13 (3)14 of the Oak Ridges Moraine Conservation Plan outlines a range of land uses,subject to additional criteria,that are considered appropriate in the Countryside Areas of the Oak Ridges Moraine which includes “small-scale commercial, industrial and institutional uses”as a a Place of Worship. The subject proposal is also considered to meet the policies and provisions of both OPA 48 and the Oak Ridges Moraine Conservation Plan (ORMCP).An enlargement of the parking area will be required to accommodate the required parking for the Place of Worship use.The Owner has been required to ensure compliance with the requirements of the provisions of the Category 2 Moderately Complex Landform of the ORMCP which stipulates that “The net developable area of the site that has impervious surfaces shall not exceed 20 percent of the total site area.” General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -5 -157 - January 13,2015 -6 -Report No.PL15-001 Zoning By-law Amendment As previously mentioned,the subject property is zoned “Oak Ridges Moraine Countryside Area (C-ORM)”by the Town of Aurora Zoning By-law 2213-78,as amended (see Figure 3).Planning staff are of the opinion that the proposed Zoning By- law application is appropriate and compatible with adjacent and neighbouring development. Site Plan Design As mentioned above,the site plan as shown on Figure 4 consists of the existing dwelling converted to a religious institution.A parking lot is proposed to accommodate the additional parking requirements.The proposed parking layout has been created in consultation with Planning staff.Landscaping is proposed along Leslie Street and the abutting properties.Additionally,a new entry feature with pillars is being proposed along Leslie Street as illustrated in Figure 5. The Site Plan submission was circulated to internal departments and external agencies and Planning Review Committee (PRC)discussed the application.No major comments were received related to the Site Plan.Any technical revisions to the site plan as required by the commenting departments and agencies shall be completed prior to finalizing the Site Plan Agreement. Municipal Servicing The Development Planning Engineer has reviewed the submitted Engineering drawings in support of the above noted application and has requested additional water supply reservoir details to be shown on Engineering Drawings for clarification purposes.Aside from minor details to be shown,no major comments or concerns have been identified. Itemized Engineering costs estimates will be updated to formulate the Site Plan Engineering fees and securities. Buffering/Landscaping To accommodate the additional parking layout,the applicant is proposing a 3.0 metre grassed buffer strip surrounding the subject lands.No earth berm,or fence is being proposed however,an existing spruce Hedgerow is located along the northern lot line. White spruces are also proposed to fill in gaps in the existing Hedgerow to act as a natural buffer to the surrounding neighbourhood and help mitigate privacy/buffering concerns that would typically be served by an earth berm or wooden fence.Pin Oak and Autum Blaze Maple trees are proposed along Leslie Street frontage of the subject lands as well as along the entrance driveway.The Parks and Recreation Services (PRS)has reviewed the landscape plans submitted in support of the above noted application and have no comments or concerns. General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -6 -158 - January 13,2015 -7 -Report No.PL15-001 Building and By-law Services/Building Code Building and By-law Services (BBS)have reviewed the application and have no objection to the approval of the application.BBS require updated water supply details and minor additional measurements to be indicated on the Site Plan.The Town’s Accessibility Advisor has asked the Owner that consideration be given for the main entrance to be accessible barrier free including power door operators. Building Elevations No exterior changes are proposed to the existing house.Alterations to the Leslie Street frontage and entry feature are proposed as reflected in Figure 5. Parking and Access Access to the site enter and exit the property via an existing access off of Leslie Street. The driveway access will be 6.0 metres in width.In total,71 parking spaces are proposed to accommodate the Religious Institution use.Curbing will not be required along the parking the exterior of the parking lot. Through the circulation of the ROPA,the York Region Roads Division has advised that as part of the site plan approval process a road widening along Leslie Street will be required to protect for a 36 metre right-of-way along Leslie Street.Two Site Plan circulations and associated follow up correspondence has been sent to York Region over the span of seven months.The applicant will be required to obtain approval from York Region for the access to the Site. Central York Fire Services Central York Fire Services has reviewed the referenced application and has no objection to the proposed application. External Agency Comments Powerstream A response from Enbridge Gas was received.Enbridge Gas advised that they have no comments or concerns to this application. Toronto Region Conservation Authority The Toronto Region Conservation Authority (TRCA)have reviewed the above noted application and have no objection.TRCA staff requested that all Stromwater Management be directed towards Leslie Street. General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -7 -159 - January 13,2015 -8 -Report No.PL15-001 LINK TO STRATEGIC PLAN The subject application supports the Strategic Plan goal of Supporting an exceptional quality of life for all through its accomplishment in satisfying requirements in the following key objective within this goal statement: Celebrating and promoting our culture:By permitting Religious Institution uses on the subject lands we can expand opportunities and partnerships that contribute to the celebration of culture in the community;thereby realizing the action item. ALTERNATIVE(S)TO THE RECOMMENDATIONS 1.Direct staff to report back to Council addressing any issues that may be raised at the General Committee Meeting;or 2.Refusal of the application with an explanation for the refusal. SERVICING ALLOCATION Servicing allocation is not applicable to this property.The lands are serviced by private services and there are currently no municipal services available along Leslie Street in this area of Town. FINANCIAL IMPLICATIONS Fees,and securities,cash-in-lieu of parkland and development charges will be payable upon execution of the Site Plan Agreement. CONCLUSIONS The Planning and Development Services department has reviewed the Site Plan application proposes to convert the existing house on the subject lands,to allow Religious Institution uses.The Site Plan application has been reviewed and is considered to be in keeping with the recently approved Official Plan Amendment No.1 and the development standards of the Town.Therefore,Staff recommends approval of Site Plan application File:SP-2014-05. General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -8 -160 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -9 -161 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -10 -162 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -11 -163 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -12 -164 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -13 -165 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 16 Page -14 -166 - TOWN OF AURORA GENERAL COMMITTEE REPORT No.PL15-002 SUBJECT:Comprehensive Zoning By-law Review,Status Update File No.ZBA-2012-ZBR FROM:Marco Ramunno,Director of Planning &Development Services DATE:January 13,2015 RECOMMENDATIONS THAT Report No.PL15-002 be received for information. PURPOSE OF THE REPORT The purpose of this report is to update Council on the status of the Comprehensive Zoning By-law Review. BACKGROUND Public Planning Meeting A statutory Public Planning Meeting was held in Council Chambers on February 26, 2014 to hear public comments in the Comprehensive Zoning By-law review being conducted by the Town as an in-house exercise.Council discussed several issues regarding the zoning By-law including the Aurora Promenade,Converted Dwellings and additional notification to affected landowners.Approximately fifteen (15)stakeholders and landowners from across the Town were in attendance at the Public Planning Meeting and provided comments regarding the proposed Zoning By-law.The comments received will be addressed in the technical review and included in a comprehensive report at a future Public Planning Meeting of Council. The following motion was passed at the Public Planning Meeting: “THAT report PL14-012 be received;and THAT comments received at the Public Planning meeting be addressed by Planning and Development Services and Council direct staff to bring the proposed Comprehensive Zoning By-law Review forward to a future Public Planning meeting for final approval,subject to the resolution of any outstanding issues.” General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -1 -167 - January 13,2015 -2 -Report No.PL15-002 Future Consideration by Council: The Comprehensive Zoning By-law Review is expected to be heard at a future public planning meeting in the early part of 2015.The various sections of the draft By-law are in different stages of preparation and are available on the Town’s website and for Council,departmental and public review as described in this report.The following link is to the Comprehensive Zoning By-law under review by Staff: http://www.aurora.ca/TownHall/Pages/Departments/Planning%20and%20Development %20Services/2013-Comprehensive-Zoning-Review.aspx COMMENTS The following are a series of items discussed in Public Planning Report No.PL14-012. Draft documents prepared to date were made available on the Town’s website in July 2014 and November 2014.A status update is provided under each of the following subsections: Definitions: Most definitions in the By-law were incorporated at the time of the By-law’s creation (1978)and are still in force.These definitions are in need of updating to reflect current provisions and some terms are not currently defined.Furthermore,over time other definitions have been added to the By-law to apply specific zoning,including Industrial Lands,the Oak Ridges Moraine,Defined Areas (Subdivisions &Business Parks)or Site Specific areas.As a result there are several definitions with common or conflicting terms in the By-law. The goal of the Comprehensive Zoning Review is to consolidate the definitions where appropriate into a single,up to date and clearly worded definition section for permitted uses and other terms.Some site specific definitions will still be necessary in the new By-law. Status update:Staff have completed its review of this component and a list of definitions are be available in the First Draft of the Zoning By-law.Definitions for the first draft are available on the Town’s website for review. General Provisions &Parking Standards: Many existing general provisions in the zoning By-law remain from the current 1978 By- law and as such reflect standards from 1978.Previous updates and office consolidations have been added to the general provisions but a comprehensive review and update of existing provisions was never completed.General Provisions need to reflect the intent of the new Official Plan for users beyond 2014.The updated General Provisions will include necessary urban provisions to reflect the standards of a growing municipality General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -2 -168 - January 13,2015 -3 -Report No.PL15-002 Parking Standards were also incorporated in 1978.Numerous site specific parking standards were approved as By-law amendments over time.Parking Standards are being reviewed,in part by assessing current standards incorporated in other Zoning By- laws in the Greater Toronto Area.Parking standards will also reflect policies introduced in the Aurora Promenade Plan. Status update:Staff have completed its review of general provisions,an updated list of general provisions are be available in the First Draft of the Zoning By-law. Definitions for the first draft are available on the Town’s website for review. A new section of the By-law dedicated to Parking Standards,and Drive Through Stacking requirements has been prepared and is available on the Town’s website for review.Further review of parking standards with Infrastructure and Environmental Services and the Peer Review consultant is on going. Residential Zones: The existing residential zoning structure consists of five single detached residential zones,one semi-detached zone,two mixed housing zones,one townhouse zone,and three apartment density zones.The current lot standards and building performance specifications of existing parent zoning reflect zoning standards from 1978.Over time, the size of residential dwellings has generally increased and the size of a residential lot has deceased.All new residential zones were incorporated into the current by-law as exception zones,which do not reflect the Town’s parent zoning standards.There are currently 267 exception zones in residential areas within the Town. Staff propose to create distinct residential parent zones which are more applicable to a uniform pattern of current zoning.The new zoning By-law proposes six single detached zones,one semi-detached zone,one special mixed housing zone,two townhouse zones,two apartment density zones and one mixed use zone.Site-Specific provisions will be harmonized into general residential zone categories where appropriate.Certain residential exception zones will continue to have existing zoning maintained where appropriate.A sample of the proposed residential zoning structure was provided in the General Committee Planning Report No.PL13-051,dated,October 15,2013. Status update:Continued evaluation of the residential zone structure has required staff to make two adjustments to the zone structure:The first change has included a revision to the proposed townhouse zones,the first townhouse zone will comprise of freehold townhomes and the second townhouse zone will comprise block townhomes.The second change regarding the proposed Mixed Use (MU)Zone,Staff propose that the zone remain as a Commercial Zone and will no longer be included within the Residential Zone structure.Staff have prepared an updated residential zoning structure along with zoning charts for permitted uses and performance standards.Performance standards,permitted General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -3 -169 - January 13,2015 -4 -Report No.PL15-002 uses and residential-specific provisions are available for review on the Comprehensive Zoning Review webpage. Special Mixed Density Residential (R5)Zone: The existing Special Mixed Density Residential (R5)Zone is primarily located along Wellington Street East and Yonge Street and the historic residential neighbourhoods surrounding the Downtown Aurora.There are numerous exception zones to the R5 zoning which primarily permit office or retail uses along Wellington Street and Yonge Street reflective of their location.These zones will be re-zoned into a Promenade Zoning. The current R5 zoning permits converted dwellings.There are a number of properties containing converted dwellings in these neighbourhoods.It is proposed that the converted dwelling provision be deleted from the R5 parent zoning.Existing converted dwellings will be re-zoned to an appropriate R5 exception zone recognizing the legal converted dwelling use.Exception zones will be evaluated where appropriate to have existing exceptions maintained. Status update:Staff have noted comments from Council regarding the removal of converted dwelling uses from the Special Mixed Density Residential (R5)Zone. Existing legal Converted Dwelling uses will be recognized and maintained in the Comprehensive Zoning By-law through an appropriate exception zone to the R5 zone. Aurora 2C Residential Lands: The Aurora 2C west lands comprises of approximately 3,000 residential units west of Leslie Street.Zoning for the residential neighbourhoods in the Aurora 2C lands was approved by Council on June 25,2013.Zoning for the Aurora 2C lands will be appropriately re-categorized,however the approved zoning standards will be maintained. Status update:No update required. Aurora Promenade: Specific Official Plan policies apply to the Aurora Promenade located within Downtown Aurora along Yonge Street and Wellington Street East.Current zoning in the Promenade Area is a mix of Commercial,Residential,Institutional,Industrial,Mixed Use and Environmental Protection zones. The Aurora Promenade Plan policies apply a detailed outline permitted uses,siting specifications,built form and parking standards to the five (5)Promenade designations. Policy from the Promenade Plan and the Official Plan direct the creation of new zones General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -4 -170 - January 13,2015 -5 -Report No.PL15-002 for lands within the Promenade.These new zone categories will reflect the policies of the Promenade as prescribed in the Official Plan.The proposed Promenade zone categories include Downtown,Upper Downtown,Promenade Shoulder,Promenade General and Promenade Focus.A corresponding Promenade prefix will be added to each zone to allow the properties current permitted uses.Therefore,a Residential (R or RA),Commercial (C),Employment (E),Institutional (I),Open Space (O1 or O2)or Environmental Protection (EP)prefix would remain to permit existing uses in addition to the appropriate Promenade Zoning.A sample of the proposed promenade zoning structure was provided in the General Committee Planning Report No.PL13-051,dated, October 15,2013. The approach towards incorporating new Official Plan standards is through a hybrid categorization of existing zones and new uses within the Promenade.Existing legal permitted uses and performance standards from the time of passing of the new zoning By-law would remain,with the addition of appropriate permitted uses from the Promenade Plan and Official Plan.Prohibited or incompatible permitted uses or standards would be deleted from the new zoning standard.Site specific zoning will also be reviewed and maintained where appropriate. The goal of the hybrid categorization is to broaden permitted uses and reduce minimum required parking provisions while recognizing the existing zone provisions of property within the Promenade.Promenade zones will be categorized under land use designations as prescribed in “Schedule B1”of the Official Plan (Figure 5)and sub categorized based upon existing residential,commercial,institutional and industrial zoning. Status update:Proposed zoning charts for permitted uses and property standards for the Aurora Promenade have been prepared in draft and are under review by Staff.The Promenade Zones and corresponding performance standard charts represent the most significant change to the Town’s Zoning By-law. Commercial Zones: The proposed commercial zoning structure affects all commercial lands located outside of the Aurora Promenade.The commercial zoning structure will reflect the commercial land use designation outlined in “Schedule C”of the Official Plan.The number of Commercial parent zones will be reduced from ten (10)parent zones to five (5)parent zones to reflect common permitted uses,size and scale.The proposed zoning structure for Commercial Zones is as follows: General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -5 -171 - January 13,2015 -6 -Report No.PL15-002 Proposed Zoning Structure Description of Zone Convenience Commercial Local convenience retail stores which service an immediate residential neighbourhood Neighbourhood Commercial Local retail,personal services,restaurants and limited offices,which service a broader residential neighbourhood Service Commercial Car dealerships,service stations and other auto-related uses Community Commercial Retail stores,supermarkets,restaurants and other commercial uses primarily located along Bayview Avenue Major Retail Big box stores,cinemas,department stores and other supporting commercial uses which generally serve all residents within the Town.(Note:Lands currently zoned Business Park (BP-5)Exception Zone located at the northeast corner of Wellington Street East and Leslie Street will remain zoned as Business Park but allowing certain commercial uses to reflect the current Official Plan designation) Residential Commercial (see status update) Apartment dwelling units with supportive commercial uses including personal service shops,convenience retail stores and offices The proposed zoning for the existing commercial zones Local Commercial (C1)Zone and Service Commercial (C3)will remain relatively unchanged,pending final conformity review to the Official Plan.Shopping Centre Commercial (C4),Industrial Commercial (C5)and Office Commercial (C6)zones is proposed to be reclassified into appropriate Neighbourhood Commercial or Community Commercial Zones.Central Commercial (C2)zones not located within the Promenade are proposed to be reclassified into an appropriate commercial zone based on their function and location.Residential Commercial (C7)zone is proposed to be refined into a new Mixed Use (MU)zone, however the uses of the zone will remain unchanged.Community Commercial (C8), Campus Commercial (C9)is proposed to be reclassified into an appropriate Major Retail or new Community Commercial zone.Finally,Special Commercial Exception (C10)Zone is proposed to be reclassified into the Neighbourhood Commercial Zone. Permitted Uses will be adjusted where appropriate to reflect permitted uses identified in the Official Plan.Additional uses may be added or deleted to appropriate parent zones. Existing Building and Siting Specifications will be largely maintained in the new Zoning By-law.The creation of legal non-conforming standards and uses is discouraged,but may be a necessary outcome in the review process as circumstances warrant.In the formation of new parent zones,existing exception zones may be harmonized into the new parent zoning category. Status update:The Mixed Use (MU)zone has been categorized as Residential Commercial (C6)within the latest draft edition for a total of six (6)commercial parent zones.Proposed zoning charts for permitted uses and property standards General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -6 -172 - January 13,2015 -7 -Report No.PL15-002 for Commercial Zones are under review by Staff.Performance standards, permitted uses and commercial-specific provisions are available for review on the Comprehensive Zoning Review webpage. Employment Zones: The proposed zoning structure for the remaining Industrial and Business Park zones will reflect the land use designation outlined in “Schedule A”of the Official Plan.The number of Employment parent zones will be reduced from seven (7)parent zones to three (3)parent zones.The proposed zoning structure for Employment Zones is as follows: Proposed Zoning Structure Description of Zone Service Employment Light industrial,office,service or support related uses General Employment Heavy industrial,office or manufacturing related uses Employment-Business Park Lands designated Business Park within OPA 30 and specific employment lands where appropriate The proposed zoning for the existing industrial zones Restricted Industrial (M1)and General Industrial (M2)will be updated to conform to the Official Plan.These employment zones will be renamed Service Employment and General Employment respectively.The Industrial Service (M3)zone is proposed to be reclassified to Service Employment or General Employment where appropriate.Prestige Industrial (M4)and General Industrial Specific (M6)zones are proposed to be reclassified to an appropriate Business Park exception zone as these employment zones mirror the permitted uses within existing Business Park zones.Restricted Industrial Specific (M5)zone is proposed to be reclassified into an appropriate Employment or Institutional zone.Lands currently zoned as Business Park (BP)is proposed to maintain existing permitted uses and zoning provisions.Definitions for the Business Park will be incorporated into town- wide definitions where appropriate. Permitted Uses within each of the zones will be adjusted to reflect the policies and permitted uses identified in the Official Plan.Existing lands zoned Business Park will retain existing Business Park zoning standards and permitted uses. With the addition of the Promenade to the Zoning By-law structure,many existing Industrial zones will now have the appropriate Promenade zoning applied to the lands. Status update:Proposed zoning charts for permitted uses and property standards for Employment Zones are under review by Staff.Performance standards,permitted uses and employment-specific provisions are available for review on the Comprehensive Zoning Review webpage. General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -7 -173 - January 13,2015 -8 -Report No.PL15-002 Open Space and Environmental Protection Zones: The Comprehensive Zoning By-law Review proposes to re-categorize Open Space zones into clearly defined categories.The proposed categories are Public Open Space (O1),Private Open Space (O2)and Stormwater Management Open Space (O3)zones. Existing Environmental Protection Zoning is reflected from floodplain delineation in the mid-1990s.Environmental Protection lands will be adjusted to reflect existing Regulation Limits and Flood Lands as provided in digital mapping,from the Lake Simcoe Region Conservation Authority and the Toronto Region and Area Conservation Authority.In this regard,circumstances will exist where lands currently zoned Environmental Protection due to out of date mapping will be amended to the appropriate residential,commercial,or employment zoning.Conversely,lands zoned residential, commercial,employment,institutional or open space that are subject to flood hazard regulation will now have a floodplain overlay zone “(F)”which references the property and any future development applications will be directed to the appropriate Conservation Authority for applicable regulatory permits. Status update:Evaluation of the proposed Stormwater Management Open Space (O3)Zone by Staff propose that Stormwater Management Ponds be categorized within Environmental Protection (EP)Zoning. Proposed zoning charts for permitted uses and property standards for Environmental Protection Zones and Open Space Zones are under review by Staff.Performance standards,permitted uses are available for review on the Comprehensive Zoning Review webpage. Institutional Zones: Institutional zoning outside of the Aurora Promenade will remain largely unchanged. The Comprehensive Zoning Review will consolidate existing Institutional exception zones where appropriate. Status update:Proposed zoning charts for permitted uses and property standards for Institutional Zones are under review by Staff.Performance standards and permitted uses are available for review on the Comprehensive Zoning Review webpage. Rural General Zones: Lands currently zoned Rural General will remain largely unchanged.Several Rural General Exception zones are no longer in force and are proposed to be removed from the By-law.Lands located on the south side of Wellington Street East,east of Bayview Avenue (Magna Employment Lands)are currently in a Rural General Exception zone General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -8 -174 - January 13,2015 -9 -Report No.PL15-002 but are used for Business Park purposes.Staff will evaluate the most suitable zoning category for the lands. Status update:Proposed zoning charts for permitted uses and property standards for Rural General Zones are under review by Staff.Performance standards and permitted uses are available for review on the Comprehensive Zoning Review webpage. Oak Ridges Moraine Zones: The current provisions and permitted uses of the Oak Ridges Moraine Conservation Plan Area (By-Law 4469-03)will be maintained to stay in conformity with the Oak Ridges Moraine Conservation Act (2001)and the Greenbelt Act (2005).Definitions specific to the current Oak Ridges Moraine section of the By-law will also be maintained.Existing mapping for Key Natural Heritage features,Aquifer Vulnerability Areas,Wellhead Protection Areas and Landform Conservation Areas will be maintained. Status update:No update required. Holding Zones: Several isolated residential parcels within the Town continue to have a Holding zone placed on the lands.Holding (H)zones will be re-zoned to an appropriate residential zoning where appropriate. Status update:No update required. Exception Zones: Exception zones as approved by Council are important to maintaining Council direction to site specific provisions of the Zoning By-law.The current structure of By-law 2213-78 places Exception zones within the associated appropriate parent zone.This structure is cumbersome to administer and will be amended to eliminate multiple lists of exception provisions within each zone categorization. The goal of the Comprehensive Zoning Review is to categorize all Exception zones in a separate category for ease of reference and administration.All Exception zones will be placed under a specific sub-heading at the end of the By-law and re-numbered based upon the time of passing of each Exception zone.The result would allow staff to better administrate for all exception zones in the Town. Status update:No update required.The Exception section of the By-law is a technical exercise and largely dependent on the provisions and standards of the present zone categories.As such,the list of exception zones will not be prepared General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -9 -175 - January 13,2015 -10 -Report No.PL15-002 until later in the review process and will not be provided in the first draft of the Zoning By-law. Mapping: Accurate mapping is crucial to having a Zoning By-law that is understandable and administratively efficient.Current mapping technologies will allow greater accuracy in the new zoning By-law.Changes to mapping will occur almost exclusively within the Aurora Zoning Map (Schedule “A”)of the Zoning By-law.Key Natural Heritage Features &Hydrologically Sensitive Features (Schedule “B”),Aquifer Vulnerability Areas (Schedule “C”),Wellhead Protection Areas (Schedule “D”)and Landform Conservation Areas (Schedule “E”)will not be changed beyond the corresponding Schedule “A” overlay.Changes to zoning boundaries will be identified and corrected through appropriate residential,commercial,employment,institutional and open space mapping review. Attached to Public Planning Report No.PL14-012,dated,February 26,2014 are a series of maps identifying the current zoning structure of Aurora.These attachments are not included within this report. Figure 1-Existing Residential Zones identify detached,semi-detached,townhouse and apartment residential uses in the Town. Figure 2-Existing Commercial and Industrial Zones within the Town,including lands identifies as Business Park and Rural General Exception Zones (Magna Industrial Lands). Figure 3-Existing Open Space,Environmental Protection and protected Oak Ridges Moraine Zones. Figure 4-Floodplain Location Map,identifying the latest floodplain and Conservation Authority Regulation Area mapping.Any proposed development located within a floodplain or regulation limit requires consultation with the appropriate Conservation Authority. Figure 5-Schedule “B1”of the Official Plan identifies the land use designation for the Aurora Promenade.Proposed Zoning of lands within the Aurora Promenade will reflect this land use designation structure. Figure 6 to 8-A sample series of existing and proposed zoning maps for Residential, Commercial and Promenade lands.Comments provided in this report provides framework for the proposed zoning framework. Status update:Mapping for the Comprehensive Zoning Review is under review by Staff.A draft Schedule A and Schedule B has been prepared for review.Schedule A shows the proposed zones which will apply on all properties within the Town. Schedule B identifies the Flood and Natural Hazard Overlay Zones which are described in Section 6 of the proposed By-law.Promenade mapping is being finalized and will be provided in a future By-law draft edition. General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -10 -176 - January 13,2015 -11 -Report No.PL15-002 Administration and Enforcement: Administration and Enforcement sections of the By-law are critical to the implementation of zoning provisions within the By-law.Enforcement standards will be updated to current policies as outlined in the Planning Act and the Municipal Act. The Administration Section of the By-law is currently located near the end of the By-law (Section 40).The Administration Section will be moved to the beginning of the new By- law,clearly stating remedies and validity to all sections of the By-law and providing reference to penalties to the Zoning By-law. Status update:No update required. Minor Variances: Minor Variances to the By-law are granted by the Town’s Committee of Adjustment as a change to a property which does not precisely conform to the provisions of the Zoning By-law.Applicants often apply for a Minor Variance to request minor alterations such as a yard encroachment,lot coverage,deck enlargement,driveway widening,or building height. Properties which had a minor variance approved under By-law 2213-78 will continue to exist as a legal non-conforming status.For recently approved minor variances,staff is proposing a sunset clause to be included in the By-law to allow the applicant a window of time to construct or bring into effect the approved variance. Status update:No update required. Initial Public Comment: Planning and Development Services received input from the public and internal departments since 2011 for the Comprehensive Zoning Review. Status update:Comments at the Public Planning meeting were provided by stakeholders and members of the public.Since the February 26,2014 Public Planning Meeting,additional comments have been received regarding definitions,general provisions and specific properties within the Town. Comments received from the public will be addressed in the technical review and included in a comprehensive report at a future General Committee Meeting. LINK TO STRATEGIC PLAN While the Zoning By-law review process supports all of the Goals and Objectives of the Town’s Strategic Plan in some fashion,the most relevant goals are:Supporting an exceptional quality of life for all and enabling a diverse,creative and resilient General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -11 -177 - January 13,2015 -12 -Report No.PL15-002 economy.The relevant supporting objectives include:Strengthening the fabric of our community and promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business. As previously mentioned,the new Zoning By-law will implement the Town’s new Official Plan.The new Official Plan contains an entire chapter devoted to the “Aurora Promenade”planning area which runs along Yonge and Wellington Streets.One of the primary goals of planning for the “Aurora Promenade”was to strengthen the downtown by putting into place policies which further protect the Town’s heritage resources and promote appropriate and compatible redevelopment for the urban corridors.It is for these reasons that the key action item of the Strategic Plan to actively promote and support a plan to revitalize the downtown is realized. ALTERNATIVE(S)TO THE RECOMMENDATIONS This report is for Council information only. FINANCIAL IMPLICATIONS Council has allocated funding of $120,000 for the Zoning By-law Review in the 2010 and 2011 Budget (Capital Project No.81004).In 2012 Staff hired a contract planner to assist in the background research and preparation of the new Zoning By-law.Planning and Development Services have retained Lehman and Associates to conduct a peer review of the Zoning By-law. PREVIOUS REPORTS Public Planning Report No.PL14-012,dated,February 26,2014. General Committee Planning Report No.PL13-051,dated,October 15,2013. General Committee Planning Report No.PL12-053,dated,November 6,2012. CONCLUSIONS Planning &Development Services are in the process of reviewing the Town’s Zoning By-law,which will ultimately result in the presentation of a report to Council consideration recommending the enactment of a new Zoning By-law for the Town.The goals of the review are to implement the new Official Plan,replace the current dated By- law,resolve known issues with the current By-law,to reduce the number of site specific zones and establish more progressive and up to date By-law standards.Staff will continue to provide a status update of the review.Public consultation and input into this process will be ongoing through the review process. General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -12 -178 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 17 Page -13 -179 - Infrastructure and Environmental Services 100 John West Way, Box 1000, Aurora,ON L4G 6J1 Phone:905-727-3123 ext.4371 www.e-aurora.ca MEMORANDUM DATE:January 13,2015 TO:Mayor Dawe and Members of Council FROM:Ilmar Simanovskis,Director of Infrastructure and Environmental Services RE:Correspondence from Regency Acres Public School Memo 01-15 RECOMMENDED THAT this memorandum be received for information. DISCUSSION The attached correspondence was received from Ms.Martino-Porretta,Principal of Regency Acres Public School,in support of Report No.IES15-003 “School Travel Planning for Regency Acres Public School”. ATTACHMENT Attachment 1 –Letter from Regency Acres Public School dated January 7,2015 General Committee Meeting Agenda Tuesday,January 13,2015 Item 18 Page -1 -180 - January 7,2015 Dear Aurora Town Council, Thank you so much for listening to our concerns and for coming on a walkabout around our school catchment area on November 20,2014.Safety is a big priority for Regency Acres P.S.. I support the recommendations in the report namely, THAT Report IES15-003 be received;and THAT three-way stop sign control be installed at the intersection of Willis Drive and Seaton Drive;and THAT the necessary by-law be introduced to implement the above recommendation;and THAT “No U-TURN”signs be installed for the northbound and southbound directions of Murray Drive in front of Regency Acres Public School;and THAT letters be sent to Regency Acres Public School with the General Committee’s recommendations. I would also respectfully ask that we continue to look for a solution for the pathway opening across the school on Murray Drive,as many parents and student choose to cross in this area rather than walking to the crossing guards. Attachment 1 General Committee Meeting Agenda Tuesday,January 13,2015 Item 18 Page -2 -181 - We appreciate your continued support of our school and our community and we look forward to continue working together with you to make Regency Acres Public School the amazing place it is. Sincerely, Cathy Martino-Porretta Principal Regency Acres P.S. General Committee Meeting Agenda Tuesday,January 13,2015 Item 18 Page -3 -182 - MEMORANDUM DATE:January 13,2015 TO:Mayor and Members of Council FROM:Dan Elliott,Director,Corporate and Financial Services RE:Ice Storm Claim now Filed RECOMMENDATIONS That the memorandum from the Treasurer regarding the status of the claim for Ice Storm damages to the Province of Ontario be received for information. This memo is to advise Council that staff finalized the Town’s claim with the Province of Ontario under the Ice Storm Assistance Program,and submitted same by the deadline of December 31,2014. In preparing the claim,over 92 pages of instructions,guidelines and forms were provided by the Province for staff to review and interpret and to comply with when making the Town’s claim.In doing so,there appeared to be some inconsistencies within the materials provided on eligibility and calculation of certain amounts.Staff did their best to follow the guidelines, forms and formulas.The total claim filed for recovery was $293,809.91,an amount larger than first estimated by staff. All claims submitted will be reviewed and audited by a single contractor of the Province,with recommendations for payment amounts to be made to the Ontario Government.The Province has suggested that it may take up to two full years now to review,audit,follow-up and pay all claims. Due to the inconsistencies of the materials,and the unusual calculations involved,there may be a sizable discrepancy between the amount claimed and a lower amount actually paid by the Province to the Town.Accordingly,the cost recovery will be booked to the Town’s accounts upon confirmation of the actual approved payment amount.At that time,staff will also advise Council of the payment amount. Due to strong likelihood of the payment being less than the amount claimed,it would be premature for the Town to incorporate this funding into its financial planning in any way. Town of Aurora Corporate and Financial Services General Committee Meeting Agenda Tuesday,January 13,2015 Item 19 Page -1 -183 - MEMORANDUM DATE:January 13,2015 TO:Members of Council RE:Council Proclamation –The Year of Sport in Aurora RECOMMENDATION THAT the following be Proclaimed: PROCLAMATION WHEREAS His Excellency the Right Honourable David Johnston,Governor General of Canada proclaimed 2015 the Year of Sport in Canada in a ceremony on Parliament Hill on October 16,2014; and WHEREAS the 2015 Year of Sport celebrates the role of sport in our Country and encourages Canadians to participate and seek the benefits of sports;and WHEREAS in 2015 Canada will be host to several national and international sporting events such as: •The International Ice Hockey Federation World Junior Hockey Championship •25th Edition of the Canada Winter World Games •FIFA Women’s World Cup Canada •2015 Pan and Parapan American Games;and WHEREAS in 2015 York Region will host the first-ever Pan Am Games Golf Tournament at Angus Glen Golf Club;and WHEREAS the Town of Aurora supports and promotes Sport through its Parks and Recreation programs and relationships with various sports organizations such as: •Aurora Minor Hockey Association •The Aurora Tigers •The Aurora Youth and Soccer Club •Sport Aurora •York North Basketball Association THEREFORE BE IT RESOLVED THAT,on behalf of the Members of Council for the Corporation of the Town of Aurora,I,Mayor Geoffrey Dawe,do hereby proclaim 2015 as the Year of Sport in Aurora and urge our citizens and visitors to discover the benefits of Sport by participating in a wide variety of programs and activities;and THEREFORE BE IT FURTHER RESOLVED THAT the Proclamation designating the year beginning January 1,2015,as the ‘Year of Sport in Aurora’be included in the Notice Board. Town of Aurora Office of the Mayor General Committee Meeting Agenda Tuesday,January 13,2015 Item 20 Page -1 -184 - MEMORANDUM DATE:January 13,2015 TO:Members of Council FROM:Mayor Geoffrey Dawe RE:Correspondence from the Ministry of Energy –Overview of Initiatives RECOMMENDATION THAT Council: Receive the correspondence for information Endorse the recommendations Provide direction Town of Aurora Office of the Mayor General Committee Meeting Agenda Tuesday,January 13,2015 Item 21 Page -1 -185 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 21 Page -2 -186 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 21 Page -3 -187 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 21 Page -4 -188 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 21 Page -5 -189 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 21 Page -6 -190 - General Committee Meeting Agenda Tuesday,January 13,2015 Item 21 Page -7 -191 - NOTICE OF MOTION Councillor Tom Mrakas Date:January 13,2015 To:Mayor and Members of Council From:Councillor Mrakas Re:Pilot Project for Left Turn Restrictions at Intersection of Yonge Street and Wellington Street WHEREAS traffic congestion at the intersection of Yonge Street and Wellington Street is an ongoing concern for Aurora residents and businesses;and WHEREAS the flow of northbound and southbound traffic is significantly impeded during peak traffic periods due to left turning vehicles;and WHEREAS many municipalities restrict left-hand turns at high volume intersections during peak traffic periods as a means to address similar concerns with traffic congestion;and WHEREAS in January of 1998,the Region of York instituted–on a trial basis–a “no left turn”prohibition on Yonge Street at Wellington Street during the AM/PM peak period; and WHEREAS the results of this trial prohibition of left turns at Yonge Street and Wellington Street revealed “…a significant improvement in traffic operations”; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Regional Municipality of York be requested to investigate the feasibility of implementing a pilot project for left turn restrictions to north and southbound Yonge Street at Wellington Street during AM/PM peak traffic periods for the purposes of addressing traffic congestion at said intersection;and BE IT FURTHER RESOLVED THAT the Regional Municipality of York be requested to provide Aurora Council with a presentation on the feasibility of implementing a pilot project for left turn restrictions to north and southbound Yonge Street at Wellington Street during AM/PM peak traffic periods for the purposes of addressing traffic congestion at said intersection following any such investigation. General Committee Meeting Agenda Tuesday,January 13,2015 Notice of Motion (a)Page -1 -192 - NOTICE OF MOTION Mayor Geoffrey Dawe Date:January 13,2015 To:Members of Council From:Mayor Dawe Re:Street Parking Plan for the Downtown Core WHEREAS The Town of Aurora recognizes the importance of Yonge Street as a corridor of business in our historic downtown and is fully committed to ensuring its long- term commercial sustainability;and WHEREAS the Town of Aurora initiated a downtown revitalization study for the Yonge Street and Wellington Street corridors in 2009;and WHEREAS the Town of Aurora approved the Aurora Promenade Concept Plan and related Aurora Promenade Secondary Plan in 2010,which included a comprehensive vision for our historic downtown;and WHEREAS the Town of Aurora Economic Development Action Plan and Business Retention and Expansion Strategy emphasize the importance of supporting local business and revitalizing the downtown;and WHEREAS the Town of Aurora approved the Community Improvement Plan (CIP)to support downtown revitalization in 2014;and WHEREAS the Town of Aurora approved the Aurora Promenade Streetscape Design and Implementation Plan in 2014 to improve the streetscape design in the downtown; and WHEREAS the Town of Aurora will be considering detailed streetscape design options for Yonge Street through the historic downtown. NOW THEREFORE BE IT HEREBY RESOLVED that staff be directed to investigate the feasibility of implementing a street parking plan as per the attached conceptual plan and to report back to Council as soon as possible. ATTACHMENT Attachment 1 –Conceptual Street Parking Plan General Committee Meeting Agenda Tuesday,January 13,2015 Notice of Motion (b)Page -1 -193 - NMäYWELLINGTON STREET WEST Kennedy Street West Reuben Street Mosley Street Tyler Street Church Street Kennedy Street East Kennedy Street EastKennedyStreetWestNMäY Attachment 1 Tyler Street Mosley Street General Committee Meeting Agenda Tuesday,January 13,2015 Notice of Motion (b)Page -2 -194 - NOTICE OF MOTION Mayor Geoffrey Dawe Date:January 13,2015 To:Members of Council From:Mayor Dawe Re:Community Radio Station WHEREAS The Town of Aurora is continually looking to provide new and/or unique services to its residents;and WHEREAS The Town of Aurora has recently committed to providing additional program space for our residents at the renewed Aurora Family Leisure Complex;and WHEREAS The Town of Aurora has recently been approached by a community group led by Ferguson Mobbs,to start a non-profit community FM radio station,enlisting all segments of our community;and WHEREAS this non-profit community FM radio station would be accessible to the residents of Aurora to broadcast music,sports,local news and weather on a real time basis with the focus on all aspects of Aurora;and WHEREAS the radio station could provide various community organizations (such as the Royal Canadian Legion,Aurora Skating Club,Aurora Hockey Club,etc.)a program slot to advise the residents of Aurora of upcoming events and general information on that organization in an entertaining and engaging format;and WHEREAS the radio station could be a real time emergency source of critical information provided by police,fire or other emergency officials and municipal departments during a snow storm,ice storm or other natural disasters;and WHEREAS the radio station could provide on-the-spot/satellite coverage of special Town events such as the Yonge Street Sale,Canada Day,Remembrance Day, Christmas parade,the opening of new buildings,etc.;and WHEREAS the radio station could provide a supervised focal point for our youth through programming by the youth of Aurora;and WHEREAS training would be provided to all prospective community broadcasters at no cost to them and no resources requested from the Town of Aurora. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to investigate the feasibility of this proposal and report back to Council as soon as possible. General Committee Meeting Agenda Tuesday,January 13,2015 Notice of Motion (c)Page -1 -195 - TOWN OF AURORA ADDITIONAL ITEMS FOR GENERAL COMMITTEE MEETING Tuesday, January 13, 2015 7 p.m. Council Chambers  Delegation (a) Mai Somermaa, representing 2351528 Ontario Limited and Aurora- Leslie Developments Limited; Re: Item 13 – LLS15-002 – Amendment to Subdivision Approval Conditions (Cash-in-Lieu of Parkland) – Addison Hall Business Park, 2351528 Ontario Limited and Aurora- Leslie Developments Limited, 15775 & 15625 Leslie Street, Part of Lots 23 & 24, Concession 3, File: D12-01-14  Item 22 – Memorandum from Director of Infrastructure & Environmental Services Re: Replacement Page for Item 8 – IES15-003 – School Travel Planning for Regency Acres Public School RECOMMENDED: THAT the memorandum regarding Replacement Page for Item 8 – IES15-003 – School Travel Planning for Regency Acres Public School be received for information.  Item 23 – Memorandum from Director of Infrastructure & Environmental Services Re: Replacement Page for Item 9 – IES15-004 – York Public Buyers Cooperative Fuel Supply Tender Award RECOMMENDED: THAT the memorandum regarding Replacement Page for Item 9 – IES15-004 – York Public Buyers Cooperative Fuel Supply Tender Award be received for information.  Item 24 – Memorandum from Director of Legal & Legislative Services/Town Solicitor Re: Replacement Page for Item 14 – LLS15-007 – 2015 Insurance Program Renewal RECOMMENDED: THAT the memorandum regarding Replacement Page for Item 14 – LLS15-007 – 2015 Insurance Program Renewal be received for information. ,&n;wE>RA NAME oF spoKESpERSoN: ltai {eme f, a,& Legal and Legislative Services 905-727-3123 councilsecretariatstaff@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J'l DELEGATION REQUEST This Delegation Request form and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE: General Committee, Jan. 13,2015 er rtrr rErrr. Report No. LLS15-002 - Amendment to Subdivision Approval Conditions (Cash-in-LieueL'rJsr-\' t ' of Parkland) - Addison Hall Business Park NAME OF GROUP OR PERSON(S) BEING REPRESENTED (if applicable): Laadu.*rv*, BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION: Have you been in contact with a Town staff or Council member regarding your matter of interest? +T ansu{a{ tu4 ftra^e.n6'na 6vnq// Co^ai/teL 'LEASE coMpLErE rHE FoLLowNg: *U l"a*e - ftVre wt/4 Slaff rcconnenla/7b? ffifq,b ";:"*:.;::,^" !.y:,^,H':#,s r ve,.,"', ",::'j.,,!,r,;: ?'a t s 29{ ItLt sfia-nb Ln"ife{ o"/ fivrun- krl;u Mt/ntor",,/, /->te/ YES/ Non Infrastructure and Environmental Services 100 John West Way, Box 1000, Aurora, ON L4G 6J1 Phone: 905-727-3123 ext. 4371 www.e-aurora.ca MEMORANDUM DATE: January 13, 2015 TO: Mayor Dawe and Members of Council FROM: Ilmar Simanovskis, Director of Infrastructure and Environmental Services RE: Replacement Page for Item 8 – IES15-003 – School Travel Planning for Regency Acres Public School Memo 02-15 RECOMMENDED THAT the memorandum regarding “Replacement Page for Item 8 – IES15-003 – School Travel Planning for Regency Acres Public School” be received for information. COMMENTS The attached replacement page number 4 of Report No. IES15-003 – School Travel Planning for Regency Acres Public School is to replace the page included in the agenda where there is an error on page 4, second paragraph, third line, which mentions “Willis Drive” rather than “Seaton Drive”. ATTACHMENTS Attachment 1: Replacement page no. 4 (agenda page no. 61) for Item 8 – Report No. IES15-003 – School Travel Planning for Regency Acres Public School January 13, 2015 - 4 - Report No. IES15-003 Existing Town multi-way stop installation policy would not warrant the installation of the stop signs at the Seaton Drive and Willis Drive intersection due to the low traffic volumes on the side street (Willis Drive). However, the school travel planning policy justifies the installation of these signs in order to provide safer and controlled routes to school. As for the pathway opening a cross the school on Murray Drive, parents and their children have the option of eliminating the jaywalking by utilizing the stop controlled intersections with crossing guards on Murray Drive at Seaton Drive and Glass Drive, which is suitably located within walking distance of 90 and 120 meters respectively. Public input and development of recommendations is integrated into the process used for the travel planning walkabout Public participation in the development of recommendations is incorporated in the process through the use of the walkabout that was conducted. It is through this process that areas of concern are identified and solutions developed. Recommendations of this report have also been provided to the School Principal for information and distribution to any other interested parties. The Town is promoting the school travel policy in local newspapers to increase awareness and promote walking to school The Town in coordination with Healthyork has put a full marketing plan for the school travel planning initiatives and is running a weekly promotional ad campaign in local newspapers, this is an excellent opportunity to increase the public’s awareness of the work that has been accomplished between the Town and different stakeholders in relation to the school travel planning policy within the Town and York region. In addition, lawn signs promoting the program are also planned and will be available for residents in the spring if they wish to put in front of their houses. LINK TO STRATEGIC PLAN Strategic Plan Goal of Supporting an Exceptional Quality of Life for All Objective 1: Improve transportation, mobility and connectivity Examine traffic patterns and identify potential solutions to improve movement and safety for motorists and pedestrians/students. Objective 4: Encouraging an active an healthy lifestyle Develop programs and policies that nurture and contribute to the development of youth. Continue to develop awareness programs that promote the benefits of recreation in supporting a healthy lifestyle. Infrastructure and Environmental Services 100 John West Way, Box 1000, Aurora, ON L4G 6J1 Phone: 905-727-3123 ext. 4371 www.e-aurora.ca MEMORANDUM DATE: January 13, 2015 TO: Mayor Dawe and Members of Council FROM: Ilmar Simanovskis, Director of Infrastructure and Environmental Services RE: Replacement Page for Item 9 – IES15-004 – York Public Buyers Cooperative Fuel Supply Tender Award Memo 03-15 RECOMMENDED THAT the memorandum regarding “Replacement Page for Item 9 – IES15-004 – York Public Buyers Cooperative Fuel Supply Tender Award” be received for information. COMMENTS The attached replacement page number 2 of Report No. IES15-004 – York Region Public Buyers Cooperative Fuel Supply Tender Award is to replace the page included in the agenda where there is incorrect information in Table 1, Tender Summary which lists Ultramar Ltd. being the second bidder rather than Canada Clean Fuels Incorporated. ATTACHMENTS Attachment 1: Replacement page no. 2 (agenda page no. 71) for Item 9 – Report No. IES15-004 – York Public Buyers Cooperative Fuel Supply Tender Award January 13, 2015 - 2 - Report No. IES15-004 This report outlines the results of a recent tender for the supply of various fuel products typically used by the municipality. The Town of Aurora’s requirements are for the uninterrupted provision of Ethanol (10%) Blended Gasoline, No. 1 Ultra Low Sulphur Diesel fuel and B10 Diesel Fuel to be delivered to the Works Yard at 9 Scanlon Court. COMMENTS The Regional Municipality of York on behalf of the Co-op issued Bid Number CRFT 2014- 07 for Supply & Delivery of Gasoline and Diesel Fuels and closed the bid on November 18, 2014. The contract period is from January 1, 2015 to December 31, 2019. Fuel Price Evaluation Fuel pricing is based on a daily wholesale rack price which is determined by various industry agencies. As this commodity experiences regular price fluctuations, the fuel purchase contract is based on the referenced daily wholesale rack price at time of purchase. To allow for a fair tender evaluation process, the form of tender identified a fixed wholesale rack rate. The bidders have based their pricing submissions on this fixed rack price and have added their fixed mark-up costs and taxes to develop the total cost per litre to the municipalities. Table No. 1 summarizes the two lowest bids based on the total quantity of fuel that is estimated to be used throughout the three year term of the contract. Table 1, Tender Summary Fixed Wholesale Rate ($/litre) Bidder’s Adjusted Rate ($/litre) 5 year volume (L) Contract Value for Evaluation Purposes Only Valero Energy Inc. Ethanol (10%) Blended Gasoline $0.7290 $0.7198 500,000 $359,900.00 #1 Diesel Ultra Low Sulphur $0.8140 $0.7984 600,000 $479,040.00 B10 Diesel Fuel $0.7290 19,000 - Total (5-Year) $359,900.00 Canada Clean Fuels Incorporated Ethanol (10%) Blended Gasoline $0.7290 $0.7290 500,000 $364,500.00 #1 Diesel Ultra Low Sulphur $0.8140 $0.7980 600,000 $478,800.00 B10 Diesel Fuel $0.7290 $0.7390 19,000 $14,041.00 Total (5-Year) $512,554.18 MEMORANDUM DATE: January 13, 2015 TO: Mayor and Members of Council FROM: Warren Mar, Director of Legal & Legislative Services/Town Solicitor RE: Replacement Page for Item 14 – LLS15-007 – 2015 Insurance Program Renewal RECOMMENDATIONS THAT the memorandum regarding “Replacement Page for Item 14 – LLS15-007 – 2015 Insurance Program Renewal” be received for information. COMMENTS A correction to page 4 of report LLS15-007 has been issued regarding the calculation of what the Town’s 2015 insurance premium would be if the deductible was raised to $50,000 (instead of the current $10,000). The previous version incorrectly noted that it would be a premium increase of 1.7% compared to 2014; this should have a read that it would be a premium decrease of 1.7% compared to 2014. The corrected sentences are shaded in gray for your reference. ATTACHMENTS Attachment 1: Replacement page no. 4 (agenda page no. 104) for Item 14 – LLS15-007 – 2015 Insurance Program Renewal 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Phone: 905-727-3123 ext. 4758 Email: wmar@aurora.ca www.aurora.ca Town of Aurora Legal & Legislative Services January 1 3, 2015 - 4 - Report No. LLS15-007 2. Excess Liability increased by $18,300: a) Market conditions for Ontario municipalities (loss trends, joint & several Liability) have resulted in $18,300 of additional premiums. 3. Owned Automobile increased by $1,644: a) An average 4% rate increase was applied to all scheduled vehicles; b) 3 additional vehicles were added to the policy. 4. Property premium has increased by $5,331: a) The Property rate has increase slightly from last term, from a factor of $0.062 to a factor of $0.0715 (this factor is assessed against the total value of the Town’s property and facilities (excluding automobiles), then divided by 100 to determine the premium). Opportunity for Premium Decrease BFL has again noted that there is an opportunity for the Town to decrease its total insurance premium costs if the deductible amount is raised to either $25,000 or $50,000. According to BFL, if the deductible is raised to $25,000, the total insurance premium for 2015 will be $543,578. This would limit the overall premium increase to $28,070 or 5.4% compared to 2014. If the deductible is raised to $50,000, the total insurance premium for 2015 will be $506,825. This is an overall premium decrease of $8,683 or -1.7% compared to 2014. INSURANCE DEDUCTIBLE 2015 INSURANCE PREMIUM (excluding PST) $10,000 $574,073 $25,000 $543,578 $50,000 $506,825 In order to evaluate whether or not it made financial sense to increase the Town’s deductible, Town staff undertook a detailed analysis in 2014 of the Town’s insurance claims from 2011, 2012, and 2013 and applied a higher deductible of $25,000 and $50,000. As part of that analysis, staff looked at all of the costs expended in addressing insurance claims. This included: • fees for the adjuster; • external legal counsel; • settlement costs where it is determined that the Town is at fault; TOWN OF AURORA GENERAL COMMITTEE REPORT No. LLS15-008 SUBJECT: Highland Gate Golf Club – One-Foot Reserves FROM: Warren Mar, Director of Legal & Legislative Services/Town Solicitor DATE: January 13, 2015 RECOMMENDATIONS THAT report LLS15-008 be received for information; and THAT staff place additional information about the Highland Gate Golf Club property on the Town’s website as new information is obtained. PURPOSE OF THE REPORT The purpose of this report is to provide Council with information regarding the existence of one- foot reserves within and adjacent to the Highland Gate Golf Club property. BACKGROUND The Highland Gate Golf Club and associated golf course property (“Highland Gate”) has existed since 1931, from Yonge Street in the east to Bathurst Street in the west, lying south of Kennedy Street West. Over time, the original golf course has shrunk and been subjected to infill development, which has shaped the present-day course. The current municipal address is 21 Golf Links Drive. In the 1980s Highland Gate experienced significant development over multiple phases and multiple subdivision plans that created the residential areas that exist through the middle of the golf course (as shown on Figures 2A, 2B, 3A, and 3B). Through a development corporation called Granada Investments Inc., residential development occurred along the newly-created Golf Links Drive, Timberline Trail, Cranberry Lane, and other adjacent new roadways. According to Town records, these phases occurred from 1980 until 1987, leaving the development within the golf course lands how it looks today. During this period of development, most of the one-foot reserves were established, joining existing one-foot reserves that were placed earlier in time (the 1960s) that abut the stub-end of roads that end on the northeast and southeast portion of the golf course (e.g., at the end of Highland Court and Eldon Crescent). All of these one-foot reserves are shown on Figures 4A and 4B. In the early 1990s Granada Investments Inc. submitted plans and applications (which were later taken over by Kingridge Investments) to further infill certain portions of Highland Gate that were January 13, 2015 - 2 - Report No. LLS15-008 not developed in the 1980s. This included plans for a portion of the golf course north of the road known as Highland Gate adjacent to Bathurst Street; along Murray Drive across from Trillium Drive; and between Marsh Harbour and Cranberry Lane. In 1991, after hearing from the applicant and residents in the area, Council decided not to approve further development until certain golf course design and planning matters could be addressed and it could be assured that the golf course could still function properly with the additional development. Council also declared that the existing one-foot reserves would remain in place. Well into 1992, the developer continued to work with the Town to address the concerns raised by Council and staff. Thereafter, development sputtered to a halt (as the Toronto-area real estate market was in severe decline and reaching its nadir at this time), and the Town’s file related to this residential development at Highland Gate was closed in 1995. According to Land Registry Office records, ClubLink is the current owner of Highland Gate, having purchased the property in 1997. In 2004, applications were submitted to construct a new clubhouse and parking lot for Highland Gate, at its current location on Golf Links Drive. The above is a brief summary of how development has proceeded at Highland Gate in the recent past. There are currently over 20 file boxes being stored by the Town related to all of the above development. ClubLink recently announced that as of November 9, 2014, Highland Gate was permanently closing. On November 25, 2014, Council adopted the following resolution: “THAT staff be directed to provide information regarding the one-foot reserve around the Highland Gate Golf Course.” As staff were researching the title and property issues of the golf course, it was discovered that certain transfers recently occurred on the Highland Gate lands. The entire golf course is made up of a complicated set of over a dozen individual parcels of land, as recorded by the Land Registry Office. After further discussions with ClubLink, in late December 2014 staff were informed that ClubLink has an agreement in place to sell a 50% interest in the Highland Gate lands to Geranium Corporation, and ClubLink and Geranium Corporation will be jointly proceeding with residential development in Highland Gate. This was announced publicly on December 23, 2014. Title to the entire Highland Gate lands will be held by a holding company/trustee by the name of Aurora (HGD) Inc. These transfers of title and ownership are currently underway. To date, there has been no application filed with the Town to develop the Highland Gate golf course lands. Staff will keep Council and the public informed as matters progress on the site. January 13, 2015 - 3 - Report No. LLS15-008 COMMENTS The Legal Nature of One-Foot Reserves One-foot reserves along public highways or at the end of public highways are a common planning tool used by municipalities in order to control access and development, and enable municipalities to require that developers enter into the appropriate development agreements and installation of services before building permits are issued.1 Once construction is completed, occupancy is granted by the municipality and underlying services are assumed, at which point the one-foot reserves usually become part of the public highway and municipal street.2 One-foot reserves are basically a way to guide development and ensure that it occurs in an appropriate fashion, according to established plans, guidelines, and provincial policies. While municipalities have been able to uphold the use of one-foot reserves in court as a proper planning tool, the use of one-foot reserves is subject to certain rules, as established in case law. As far back as 1965, Ontario courts have recognized that the use of one-foot reserves has limitations. For example, the Ontario High Court of Justice ruled that restricting access over a one-foot reserve, taken as part of a road expropriation, cannot be used to extract funds from adjacent landowners to offset the cost of such roadway service works.3 More recently, a 2004 case at the Ontario Superior Court of Justice outlined what considerations a municipality must have when determining when to remove a one-foot reserve. The facts in the case of Ontario Mission of the Deaf v. The Corporation of the City of Barrie 4 are summarized as follows: The Ontario Mission of the Deaf (the "Mission") owned a large tract of land in the City of Barrie (the "City"). The Mission planned to develop the southerly piece of the land as a facility for the long-term care of the deaf, and another portion as a residential subdivision. A portion of lands north of the subdivision was to be dedicated to the City as environmentally protected property. This gave rise to a dispute between the Mission and the City. In 2003, the Ontario Municipal Board decided that there was no planning justification for connecting the approval of the facility for the deaf to dedication of the environmentally protected lands, and granted site plan approval for the long-term care facility. Along the western boundary of the site for the long-term care facility, the City had a 0.3 metre (one-foot) reserve that separated the site from access to a municipal roadway and to the municipal services beneath the road. The Mission required access over the one-foot reserve in order to construct its long-term care facility. However, after losing at the Ontario Municipal Board, the City decided to use its rights over the one-foot reserve as leverage regarding the environmentally protected lands, and refused to lift the reserve until the size of the environmentally protected 1 829972 Ontario Ltd. v. Woodstock (City), [1992] O.J. No. 619. 2 Bost Properties Inc. v. Highland West Developments Inc., [2002] O.J. No. 477 at para. 21. 3 Re Wasserman and City of Hamilton, [1965] 2 O.R. 660-665. 4 [2004] O.J. No. 1269 (hereinafter “Ontario Mission”). January 13, 2015 - 4 - Report No. LLS15-008 lands was settled.5 The Court eventually determined that the City was not allowed to use its one-foot reserve in this manner. As stated by Justice Marchand: “Truly, the municipality is wrong in its position that as an ‘owner’ of the lands, they reserve to themselves an absolute right as to the time and place when such is to be disposed. This one foot reserve was acquired by the municipality to serve the aforementioned purpose [to ensure the orderly development of land]. … The use of a [0.3] metre reserve is appropriate only for the purpose of ensuring that uncontrolled development which amounts to bad planning be prevented. They ought not to be used as a form of ‘trump’ to set aside Board decisions made on the planning merits of a case. In exercising discretion, a Minister of the Crown or a municipality must base any decision upon a weighing of considerations pertinent to the object of the administration. There is no such thing as: . . . absolute or untrammeled discretion, that is, action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute. I also find that as the refusal to lift the 0.3 metre reserve is not absolute, and as it must be discretionary, such exercise of discretion must be based upon proper principles and must not be influenced by extraneous irrelevant and collateral consideration. Even where the legislation describes the authority to be exercised as being in the decision maker's ‘absolute discretion’, the exercise must still be based on relevant considerations, must not be arbitrary and must be made in good faith. … Even where the courts have declined to order a municipality to lift a 0.3 metre reserve, the courts have acknowledged that there are limitations on a municipality's discretion in deciding whether or not to lift a reserve. Thus, the courts inquire as to whether the municipality has acted in bad faith, whether its decision is reasonable or arbitrary and whether the land owner has complied with the requirements of the municipality.”6 Therefore, based on the Ontario Mission case and other existing case law, a municipality exercising its discretion to lift a one-foot reserve cannot make its decision in bad faith, for arbitrary reasons, or for extraneous, irrelevant, or collateral considerations that have nothing 5 Ibid, at paras. 1 to 8, and case summary. 6 Ibid, at paras. 17 to 21 and para. 24. January 13, 2015 - 5 - Report No. LLS15-008 to do with relevant planning principles. A final note is that the Ontario Municipal Board does not have jurisdiction to order a municipality to lift a one-foot reserve – this must be done through the Superior Court of Justice.7 Practically speaking, using a one-foot reserve to frustrate a developer after a municipality loses planning arguments at the Board would likely be seen by the Court as an inappropriate attempt to set aside or frustrate the Board’s decision. One-Foot Reserves in Highland Gate The Highland Gate property contains multiple one-foot reserves, as shown on Figures 4A and 4B. Generally, the one-foot reserves on the eastern portion of Highland Gate are at the end of stub roads that would otherwise lead onto the golf course. On the western portion of Highland Gate, the one-foot reserves lie along stretches of Timberline Trail, Cranberry Lane, and Marsh Harbour. ALTERNATIVE(S) TO THE RECOMMENDATIONS None. FINANCIAL IMPLICATIONS None. CONCLUSIONS One-foot reserves do exist within Highland Gate, but their use as “leverage” in any future development of the lands cannot be heavy-handed or arbitrary. The purpose of one-foot reserves as a planning tool is to enable municipalities to control access and development on the adjacent lands. The courts have ruled that a municipality exercising its discretion to lift a one- foot reserve cannot make its decision in bad faith, for arbitrary reasons, or for extraneous, irrelevant, or collateral considerations that have nothing to do with relevant planning principles. ATTACHMENTS Figures 1A and 1B: 1971 Aerial Photos of Highland Gate Figures 2A and 2B: LSRCA Regulation Limit and Hydrologically Sensitive Areas 7 Middlesex Centre (Township) Official Plan Amendment One Foot Reserve (Re), [1999] O.M.B.D. No. 632 at paras. 2 and 15. January 13, 2015 - 6 - Report No. LLS15-008 Figures 3A and 3B: Existing Subdivision Plan Overlay – Highland Gate Figures 4A and 4B: One-Foot Reserves – Highland Gate PRE-SUBMISSION REVIEW Chief Administrative Officer – January 8, 2015 Prepared by: Warren Mar, Director of Legal & Legislative Services/Town Solicitor, ext. 4758. __________________________ ____________________________ Warren Mar Neil Garbe Director of Legal & Legislative Chief Administrative Officer Services/Town Solicitor 70m 25m UV404 St John's Sdrd WellingtonSt W Wellington St E Henderson Dr Vandorf SdrdBathurst StYonge StYonge StBloo mington R dBayview AveLeslie StLeslieStHwy 404Hwy 404Bathurst StHighland Golf Course Property TOWN OF A URORAAIR PH OTOS 1971 Figure 1A UV404 St John's Sdrd WellingtonSt W Wellington St E Henderson Dr Vandorf SdrdBathurst StYonge StYonge StBloo mington R dBayview AveLeslie StLeslieStHwy 404Hwy 404Bathurst StHighland Golf Course Property TOWN OF A URORAAIR PH OTOS 1971 Figure 1B tutututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututututu70m 25m Golf Links Drive Kennedy Street West Fairway Drive Murray DriveCossar Drive Brookland AvenueYonge StreetNisbet DriveDodie Street Glenview Drive Stoddart DriveGeorge StreetHighland CourtTemperance StreetBanbury CourtDevlin Place Ransom StreetGeorge StreetO R2 R1 R2 R1 R5 EP C3 EP R2-1 I-17 O R2 C4-12 R2 R2 RA3-2 RA3-9 EP O-2 C3 C3-11 R1 EP C3 R2-2 R1-17 R6-16 R2 I R2-2 C4-23 R1-21 C4 R3 C4-4 R5-6 C2R5-28 Zones LSRCA Regulation Limit Schedule B Key Natural Heritage Features & Hydrologically Sensitive Areas tu Oak Ridges Moraine Water Features Figure 2A tututututututututututututututututututututututututututututututututututututututututututututu34m C r a n b e r ry L a n e Seaton DriveT i m b e r l i n e T r a i l Glass Drive Willis Drive T rilliu m D riv e Murray DriveBathurst StreetMarsh HarbourCorner Ridge Road Petch CrescentHighland CourtDevlin Place Knowles CrescentKnole Haven DriveO w l's F o o t C re s c e n tSimmons CrescentLittle Erika WayHighland Gate Holman CrescentPatrick Drive Pinehurst Court Greenlefe CourtTeasdale CourtI r onshor e Cour t Spygl ass Cour t Murray Drive O R2 R2 R2 I R2-37 I H R2 R2 H R2 R2 O R2-1 R2-20 R2 R1 R1-8 R3 R1-14 O R3 O R2-1 R3 EP-ORM R1-9 R3R1-8 R2-17 EP-16(ii)R2-17 R1-17R2 R2-29 R2-28 R2-36 Figure 2B Zones LSRCA Regulation Limit Schedule B Key Natural Heritage Features & Hydrologically Sensitive Areas tu Oak Ridges Moraine Water Features 70m 25m Plan M-2034 Plan M-2034Plan M-2035 YR CP 6 92 65M-2441 Plan M-2035Plan M-2035 Plan M-2034 Golf Links Drive Kennedy Street West Fairway Drive Murray DriveCossar Drive Brookland AvenueYonge StreetNisbet DriveDodie Street Glenview Drive Stoddart DriveGeorge StreetHighland CourtTemperance StreetBanbury CourtDevlin Place Ransom StreetGeorge StreetFigure 3A M-Plan Boundary Parcels 34m 65M-2358 65M-2391 65M-2336 65M-2336 65M-2198 65M-2391 Plan M-2035 Plan M-2035 65M-2215 65M-2358 65M-2259 65M-2259 65M-2336 65M-2198 65M-2259 Plan M-2035 65M-2198 Plan M-2035 Plan M-2035 Plan M-2035 C r a n b e r ry L a n e T i m b e r l i n e T r a i l Seaton DriveKennedy Street West T rilliu m D riv e W i l l i s D r i v e Murray DriveBathurst StreetGla s s D riv eMarsh HarbourCorner Ridge Road Highland CourtPetch CrescentDevlin PlaceKnole Haven DriveDeerhorn CrescentO w l's F o o t C re s c e n tSimmons CrescentLittle Erika WayHighland Gate Pinehurst Court Greenlefe CourtTeasdale CourtI r onshor e Cour t Spygl ass Cour t Murray Drive Glass DriveFigure 3B M-Plan Boundary Parcels 70m 25m Golf Links Drive Kennedy Street West Fairway Drive Murray DriveCossar Drive Brookland AvenueDodie Street Nisbet DriveGlenview Drive Yonge StreetStoddart DriveGeorge StreetHighland CourtTemperance StreetBanbury CourtDevlin Place Ransom StreetGeorge StreetFigure 4A 1 ft Reserve Parcels Highland GolfCourse Property ttttttttttttttttttttttttttttttttttttttttttttttC r a n b e r ry L a n e T i m b e r l i n e T r a i l Seaton DriveKennedy Street West Bathurst StreetT rilliu m D riv e W i l l i s D r i v e Murray DriveGlass DriveMarsh HarbourCorner Ridge Road Highland CourtPetch CrescentDevlin PlaceKnole Haven DriveDeerhorn CrescentO w l's F o o t C re s c e n tSimmons CrescentLittle Erika WayHighland Gate Pinehurst Court Greenlefe CourtTeasdale CourtI r onshor e Cour t Spygl ass Cour t Murray Drive Glass DriveFigure 4B 1 ft Reserve Parcels Highland GolfCourse Property