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AGENDA - General Committee - 20170207Cancellation Notice: The General Committee Meeting scheduled for Tuesday, February 7, 2017, has been cancelled due to inclement weather. Items on the agenda for the meeting will be dealt with at the Council meeting on Tuesday, February 14, 2017. General Committee Meeting Agenda Tuesday, February 7, 2017 7 p.m. Council Chambers Aurora Town Hall Public Release February 3, 2017 Town of Aurora General Committee Meeting Agenda (Revised) Tuesday, February 7, 2017 7 p.m., Council Chambers Councillor Thom in the Chair 1. Approval of the Agenda Recommended: That the agenda as circulated by Legislative Services be approved. 2. Declarations of Pecuniary Interest and General Nature Thereof 3. Presentations 4. Delegations (a) Javed Khan, Aurora Chamber of Commerce Re: Item R7 – PBS17-010 – Proposed Amendment to the Sign By-law to Use Official Languages in Signs (b) Vicky McGrath, Aurora Chamber of Commerce Re: Item R1 – CAO17-001 – Economic Development Board – Terms of Reference (Added Item) General Committee Meeting Agenda (Revised) Tuesday, February 7, 2017 Page 2 of 4 5. Consent Agenda Items listed under the Consent Agenda are considered routine or no longer require further discussion, and are enacted in one motion. The exception to this rule is that a Member may request for one or more items to be removed from the Consent Agenda for separate discussion and action. 6. Consideration of Items Requiring Discussion (Regular Agenda) R1. CAO17-001 – Economic Development Board – Terms of Reference Recommended: 1. That Report No. CAO17-001 be received; and 2. That the attached Economic Development Board – Terms of Reference be endorsed and staff be directed to proceed with the creation of the Aurora Economic Development Board. R2. FS17-001 – Fire Station 4-5 Project Funding – Aurora Share Recommended: 1. That Report No. FS17-001 be received; and 2. That the design phase and construction phase of the Fire Station 4-5 capital project #21006 be funded as set out in Report No. FS17-001; and 3. That a budget of $520,000 be approved and funded for the location and design phases of the project as set out in Report No. FS17-001. R3. IES17-004 – Approval of Capital Project No. 24006 (Replacement of By- law Services vehicle No. 403) Recommended: 1. That Report No. IES17-004 be received; and 2. That this report satisfy Council’s conditional approval of Capital Project No. 24006; and General Committee Meeting Agenda (Revised) Tuesday, February 7, 2017 Page 3 of 4 3. That staff be authorized to proceed with Capital Project No. 24006, “Replacement of By-law Services vehicle No. 403”. R4. IES17-005 – Purchase Order Increase for Roads Salt Recommended: 1. That Report No. IES17-005 be received; and 2. That Purchase Order No. 78 be extended to Compass Mineral Canada Corp. for the final optional year for the York Co-Op for untreated highway coarse rock salt supply; and 3. That Purchase Order No. 78 to Compass Minerals Canada Corp. be increased by $200,000 from the amount of $355,806 to $555,806, excluding taxes, for the two-year contract term of 2016 and 2017; and 4. That Purchase Order No. 752 to Compass Minerals Canada Corp. be increased by $40,000 from the amount of $260,000 to $300,000, excluding taxes, for the contract term of 2016 for Thawrox. R5. PBS17-002 – Application for Zoning By-law Amendment Worthman & Cwenar 19-21 Machell Avenue Lot 5, Registered Plan No. 36 File Number: ZBA-2016-11 Recommended: 1. That Report No. PBS17-002 be received; and 2. That Application to Amend the Zoning By-law File No. ZA-2016-11, Worthman & Cwenar to rezone the subject lands from “Central Commercial (C2) Zone” to “Special Mixed Density Residential (R5-X) Exception Zone be approved; and 3. That the implementing Zoning By-law Amendment be presented at a future Council meeting for enactment. General Committee Meeting Agenda (Revised) Tuesday, February 7, 2017 Page 4 of 4 R6. PBS17-004 – Application for Zoning By-law Amendment Canadian Tire Real Estate Limited 14700 Yonge Street Part of Lots 76 and 77, Concession 1 File Number: ZBA-2016-05 Recommended: 1. That Report No. PBS17-004 be received; and 2. That the Application to Amend the Zoning By-law File Number ZBA-2016- 05 (Canadian Tire Real Estate Limited), to amend the site specific C4-15 zoning provisions to allow additional commercial uses be approved; and 3. That the implementing Zoning By-law Amendment be presented at a future Council Meeting. R7. PBS17-010 – Proposed Amendment to the Sign By-law to Use Official Languages in Signs Recommended: 1. That Report No. PBS17-010 be received; and 2. That a by-law be enacted to amend By-law Number 5840-16, being a by- law respecting signs within the Town of Aurora, by including a provision that regulates the language of signs. 7. Notices of Motion (a) Councillor Mrakas Re: Property Tax Vacancy Rebates 8. New Business 9. Closed Session 10. Adjournment General Committee Meeting Agenda Tuesday, February 7, 2017Delegation (a) Page 1 of 1DELEGATION REQUEST Legal and Legislative Services 905-727-3123 councilsecretariatstaff@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 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: Tuesday, February 7, 2017 SUBJECT: Sign By-Law Endorsement NAME OF SPOKESPERSON: Javed Khan NAME OF GROUP OR PERSON(S) BEING REPRESENTED (if applicable): Aurora Chamber of Commerce BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION: The Aurora Chamber of Commerce would like to present our official statement regarding the Town of Aurora Sign Bylaw Amendment Proposed by Councillor Harold Kim PLEASE COMPLETE THE FOLLOWING: Have you been in contact with a Town staff or Council member regarding your matter of interest? IF YES, WITH WHOM? Councillor Kim YES [ZJ NOD DATE: January 9, 2017 [2]1 acknowledge that the Procedural By-law permits five (5) minutes for Delegations. .. ' ; ~ Community Delegation Request 7KLV'HOHJDWLRQ5HTXHVWIRUPDQGDQ\ZULWWHQVXEPLVVLRQVRUEDFNJURXQGLQIRUPDWLRQ IRUFRQVLGHUDWLRQE\HLWKHU&RXQFLORU&RPPLWWHHVRI&RXQFLOPXVWEHVXEPLWWHGWRWKH &OHUN¶VRIILFHE\WKHIROORZLQJGHDGOLQH 4:30 p.m. Two (2) Days Prior to the Requested Meeting Date Council/Committee/Advisory Committee Meeting Date: Subject: Name of Spokesperson: Name of Group or Person(s) being Represented (if applicable): Brief Summary of Issue or Purpose of Delegation: Please complete the following: +DYH\RXEHHQLQFRQWDFWZLWKD7RZQVWDIIRU &RXQFLOPHPEHUUHJDUGLQJ\RXUPDWWHURILQWHUHVW"<HV ܆܆1R ܆ ,I\HVZLWKZKRP" 'DWH ܆,DFNQRZOHGJHWKDWWKH3URFHGXUH%\ODZSHUPLWVILYHPLQXWHVIRU'HOHJDWLRQV /HJLVODWLYH6HUYLFHV &OHUNV#DXURUDFD 7RZQRI$XURUD -RKQ:HVW:D\%R[ $XURUD21/*- Additional Items to General Committee Meeting Agenda Tuesday, February 7, 2017 Delegation (b) Page 1 of 1 Tuesday, February 7, 2017 Vicky McGrath Aurora Chamber of Commerce As Chair of the Advocacy Committee of the Aurora Chamber of Commerce, I would like the opportunity to present our thoughts regarding the new Economic Development Board and our participation. Thank you. ✔ Doug Nadorozy January 19, 2017 Town of Aurora General Committee Report No. CAO17-001 Subject: Economic Development Board – Terms of Reference Prepared by: Anthony Ierullo, Manager, Long Range and Strategic Planning Department: Office of the Chief Administrative Officer Date: February 7, 2017 Recommendation 1. That Report No. CAO17-001 be received; and 2. That the attached Economic Development Board – Terms of Reference be endorsed and staff be directed to proceed with the creation of the Aurora Economic Development Board. Executive Summary • On September 27, 2016, Council approved a motion directing staff to prepare an evaluation of the prominent economic development models currently in use in Ontario. • Staff completed an analysis and identified three prominent economic development models in Ontario recommending that the Town implement a Hybrid model to deliver economic development services in Aurora. This model includes the establishment of an Economic Development Board to support economic development. • Council approved the proposed economic development model and related funding as part of the 2017 Budget. • Staff have prepared a Terms of Reference for the proposed Economic Development Board and have begun to actively advance operational, structural and pre recruitment activities to ensure that there is adequate resourcing to support the board. • Staff are seeking Council endorsement of the attached Aurora Economic Development Corporate (“AEDC”) Terms of Reference prior to initiating the establishment of the Board and member recruitment. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 1 of 12 February 7, 2017 Page 2 of 7 Report No. CAO17-001 Background On September 27, 2016, Council approved the following Motion directing staff to prepare an evaluation of the prominent economic development models currently in use in Ontario: Whereas Municipal Economic Development is an activity which can be undertaken under a variety of models; and Whereas the Town of Aurora has currently adopted a Community Advisory Committee approach; and Whereas it is important that the Town of Aurora ensures adherence to best practices; Now Therefore Be It Hereby Resolved That the Chief Administrative Officer investigate and report back to Council with regard to the best model to deliver Economic Development Services for the Town of Aurora moving forward; and Be It Further Resolved That a survey be sent to Council, the Economic Development Advisory Committee, and relevant staff to gauge the effectiveness and areas of improvement for the current economic development model; and Be It Further Resolved That this report be brought back in time to be considered for the 2017 budget. On November 15, 2016, staff prepared a report outlining prominent economic development models and a recommended model for Aurora. On November 22, 2016, Council approved the following recommendation: That Report No. CAO16-006 be received; and, That Council endorse the attached Economic Development Proposal for consideration as part of the 2017 Budget. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 2 of 12 February 7, 2017 Page 3 of 7 Report No. CAO17-001 Council approved the economic development proposal and related funding as part of the 2017 Budget. The following outlines the Terms of Reference for the proposed Economic Development Board as well as the next steps towards the establishment of an Economic Development Board. Analysis Staff have prepared a draft Terms of Reference for Council consideration as outlined in Appendix A. Highlights of key aspects of the draft terms are described and discussed below: Roles, Responsibilities, Goals and Objectives The proposed terms of reference (Attachment No. 1) would establish the Aurora Economic Development Corporation (AEDC) as Council’s advisory board for community economic development. The corporation will provide strategic leadership and coordination of community economic development and work with partners to strengthen and diversify existing business, attract new business and investment, and coordinate strategic economic development initiatives within the community. The goal of the Board is to strengthen economic development and quality of life within Aurora by: • supporting the expansion of current businesses; • advising on Downtown Revitalization Activities; • advancing cultural activities that offer opportunities for economic development; • attracting, brokering and facilitating new business development; and, • encouraging continued economic diversification. This is accomplished through the following objectives: • making recommendations that assist in the expansion of current businesses and the development of new businesses; General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 3 of 12 February 7, 2017 Page 4 of 7 Report No. CAO17-001 • making recommendations to Council on funding and grants to advance downtown revitalization objectives, cultural services and other strategic economic development initiatives and projects; • promoting public/private partnerships opportunities that advance economic development interests; • recommending programs to Council that actively promote Aurora as a centre for advanced manufacturing, information technology and telecommunications, environmental technology, medical and related technologies, finance, insurance, real estate and leasing; and, • recommending programs that actively promoting Aurora as York Region’s centre for education and training, business services, health services and government services. Composition, Term and Chairperson It is proposed that the Board of Directors be composed of up to 8 local residents and/or business owners that serve three-year terms, 3 members of Council (Two Town Councillors and the Mayor of the Town of Aurora) serving a term concurrent with Council and two non-voting staff representatives. It is recommended that Council appoint local residents or business owners as a non-executive Chairperson and Vice- Chairperson. This is generally seen as a best practice for community development corporations and is consistent with the structure for other similar at-arms-length boards related to the Aurora Public Library and the Aurora Cultural Centre. Recruitment It is proposed that local resident and business owner members be primarily influential business leaders that play a significant role in the community. Membership should include representation from large and small businesses, public and private sectors, private/public education, non-profit and accommodation / tourism providers. As outlined in Appendix B, staff have prepared a detailed skills matrix to guide the appointment of Board members. Staff will publicly advertise the opportunity for 4-6 weeks as well as identify and encourage qualified candidates to participate in the requirement. Local resident and business owner members and Council members will be appointed by Mayor and Council. Program roll out revised to address EDAC comments Based on the feedback received from the Town’s Economic Development Advisory Committee, staff have revised the next steps associated with the roll out of the new General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 4 of 12 February 7, 2017 Page 5 of 7 Report No. CAO17-001 Economic Development Board and office where appropriate. New economic development programs will be developed and approved by Council as part of the preparation of a Board led community Economic Development Strategic Plan. Staff are actively advancing operational, structural and recruitment activities to ensure that there is adequate resourcing to support the board and realign service delivery to drive economic development. Staff have confirmed that Community Improvement Plan (CIP) funding is adequate and have initiated a review of the CIP program to identify opportunities to improve interest in the program. To date, staff conducted a door knocking campaign, hosted information sessions with land owners and realtors to promote participation and have begun to plan a series of focus group to re-evaluate the suite of programs. Next Steps The next steps towards the establishment of the Board are: 1. Legally establish the AEDC (February - April 2017) 2. Advertise for and recruit AEDC members (February-April 2017) 3. Schedule first AEDC meeting (May 2017) 4. Work with the Board to initiate preparation of the Economic Development Strategic Plan (June 2017) 5. Complete strategic plan (December 2017) Advisory Committee Review The Terms of Reference were reviewed by the Economic Development Advisory Committee meeting on December 8, 2016. Financial Implications The funding required to support this initiative has been approved as part of the 2017 Budget. Communications Considerations Recruitment for the Board will be advertised in the local media for 4-6 weeks and promoted in association with community partners. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 5 of 12 February 7, 2017 Page 6 of 7 Report No. CAO17-001 Link to Strategic Plan The report supports the Strategic Plan goal of Enabling a Creative, Diverse and Resilient Economy through its accomplishment in satisfying requirements in the following key objective within this goal statement: Promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business. Alternative(s) to the Recommendation 1. Direct staff to revise the AEDC Terms of Reference. Conclusions On September 27, 2016, Council approved a motion directing staff to prepare an evaluation of the prominent economic development models currently in use in Ontario. Staff completed an analysis and identified three prominent economic development models in Ontario recommended that the Town implement a Hybrid model to deliver economic development services in Aurora. This model included the establishment of an Economic Development Board to guide economic development activities. Council approved the proposed economic development model and related funding as part of the 2017 Budget. As a result, staff have prepared a draft Terms of Reference for the proposed Economic Development Board and have begun to actively advance operational, structural and recruitment activities to ensure that there is adequate resourcing to support the board. Staff are seeking Council endorsement of the attached AEDC Terms of Reference prior to initiating the establishment of the Board and member recruitment. Attachments Attachment No. 1 – Aurora Economic Development Corporation – Terms of Reference Attachment No. 2 – Aurora Economic Development Corporation Board – Skills Matrix Previous Reports CAO16-006 dated November 15, 2016 General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 6 of 12 General Committee Meeting Agenda Tuesday, February 7, 2017Item R1 Page 7 of 12February 7, 2017 Page 7 of 7 Report No. CA017-001 Pre-submission Review Agenda Management Meeting review on January 19, 2017 Departmental Approval/ Approved for Agenda Doug Nadorozny Chief Administrative Officer Page 1 of 4 Attachment No. 1 Aurora Economic Development Corporation Terms of Reference Role The Aurora Economic Development Corporation (“AEDC”) is a non-share, not-for-profit, corporation, incorporated under the Business Corporations Act and Municipal Act, 2001. On behalf of the Council of the Town of Aurora, the AEDC provides strategic leadership and coordination of community economic development. The AEDC works with partners (provincial, regional and federal governments, community agencies, educational institutions and local businesses) to strengthen and diversify existing business, attract new business and investment, and coordinate strategic economic development initiatives within the community. Responsibilities The AEDC provides a critical advisory role in promoting economic growth and diversification in the Town of Aurora. Economic development goals should seek to build on local strengths, mitigate existing weaknesses, convey the desired outcomes of the strategic planning process and speak directly to the aspirations of the community. The AEDC is responsible for working with community stakeholders to develop and maintain an Economic Development Strategy for the Town of Aurora to guide economic development activities and investment over the short, medium and long term. This Strategy will be updated and approved by Council every 5 years. In addition to the preparation of an Economic Development Strategy, the AEDC Board of Directors will also be responsible for reviewing the Economic Development Operational Plan that will be presented to the Board and approved by Council on an annual basis. Goals and Objectives The goal of the Board of Directors is to strengthen economic development and quality of life within Aurora by: • supporting the expansion of current businesses; • advising on Downtown Revitalization Activities; General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 8 of 12 Page 2 of 4 • supporting cultural activities that offer opportunities for economic development; • attracting, brokering and facilitating new business development; and, • encouraging continued economic diversification. This is accomplished through the following objectives: • making recommendations that assist in the expansion of current businesses and the development of new businesses; • making recommendations to Council on funding and grants to advance downtown revitalization objectives, cultural services and other strategic economic development initiatives and projects; • promoting public/private partnerships opportunities that advance economic development interests; • recommending programs to Council that actively promote Aurora as a centre for advanced manufacturing, information technology and telecommunications, environmental technology, medical and related technologies, finance, insurance, real estate and leasing; and, • recommending programs that actively promoting Aurora as York Region’s centre for education and training, business services, health services and government services. Economic Development staff at the Town of Aurora serve as support to the Board of Directors at the Aurora Community Development Corporation. Composition The Board of Directors is composed of: • Up to 8 local residents or business owners that serve three-year terms and represent the various economic and geographic sectors of our community. Preference will be given to General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 9 of 12 Page 3 of 4 Aurora Chamber of Commerce members that meet both the skills and eligibility requirements. • 3 members of Council (Two Town Councillors and the Mayor of the Town of Aurora). • CAO, Town of Aurora (ex-officio) • Manager, Long Range and Strategic Planning (non-voting) Eligibility Members of the Board of Directors must be a Town of Aurora resident or employed with a business within the Town of Aurora. Term The Board shall be appointed for a three year term, with the option of a further three year term. For the initial Board, members will be appointed on staggered terms to ensure Board continuity. Council members will be appointed for terms concurrent with their term of Council. Remuneration None. Chairperson of Meeting The Board will appoint a local resident or business owner member as non-executive Chairperson and Vice-Chairperson. In the event that the Chairperson is absent, the Vice-Chairperson will assume the responsibilities of the Chair. General Operating Procedures The Board will be subject to the requirements of the Town’s Procedural By-law (By-law # 5920-16). Recruitment Private members should be primarily influential business leaders that play a significant role in the community. The Chamber of Commerce will be encouraged to nominate board members to promote a General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 10 of 12 Page 4 of 4 strong connection to the Chamber. Membership should include representation from large and small businesses, public and private sectors, private/public education, non-profit and accommodation / tourism providers. Previous membership on a governance board is an asset. A more detailed skills matrix is outlined in Attachment No. 2. Council members will be appointed by Council. Confidentiality AEDC will protect the confidentiality of its clients and business activities. AEDC respects the confidentiality of proprietary information and intellectual property and will not disclose information, directly or indirectly, except as required by law. AEDC Board members are obligated to maintain strident client & corporate confidentiality, protect client & corporate proprietary information and respect client & corporate intellectual property. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R1 Page 11 of 12 General Committee Meeting Agenda Tuesday, February 7, 2017Item R1 Page 12 of 12Attachment No. 2: AEDC Board -Skills Matrix Experience/Skill Requirements Candidate A B C D E F G H Prior Governance (5+ years -required) Prior Strategic Planning (5+ years -required) Prior Business Management (5+ years -required) Prior Executive (5+ years -required) Local Resident/Business Owner (required) International Business (asset) Financial and/or Legal (asset) Previous Board (asset) Industry Sector Specialty (target representation in all six target sectors) Small/Medium Enterprise Representative Major Employer Representative (100+ employees) Real Estate Development Government/Education/Health Care Arts and Culture Hospitality IT ourism Chamber Affiliation Town of Aurora General Committee Report No. FS17-001 Subject: Fire Station 4-5 Project Funding – Aurora Share Prepared by: Dan Elliott, Director Financial Services Department: Financial Services Date: February 7, 2017 Recommendation 1. That Report No. FS17-001 be received; and 2. That the design phase and construction phase of the Fire Station 4-5 capital project #21006 be funded as set out in Report No. FS17-001; and 3. That a budget of $520,000 be approved and funded for the location and design phases of the project as set out in Report No. FS17-001. Executive Summary Joint Council Committee (JCC) overseeing Central York Fire Services is recommending to Council the approval to proceed with the detailed design of a new Fire Services administrative headquarters, firehall, and training centre (collectively (Fire Station 4-5). o JCC has received and approved concept block plan and is proceeding to detailed design phase. o JCC is anticipating a 2019 opening for the new station o Project will be jointly funded in proportion with Town of Newmarket  Aurora’s share is 40.4% o As the site is located in Aurora, Aurora is the lead party responsible for the design and construction of the facility. o This report supplements the project outline report recently presented to JCC, outlining the financing sources for the project for Aurora. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R2 Page 1 of 6 February 7, 2017 Page 2 of 6 Report No. FS17-001 Background In a recently updated Fire Master Plan, jointly approved by the Councils of Aurora and Newmarket, construction of a new facility which would house the Central York Fire Services (CYFS) administration, training division, and an operations fire hall was recommended. A site was secured, in joint, pro-rata ownership earlier in 2016, located in Aurora at the northwest corner of Earl Stewart Drive and Isaacson Crescent at a total cost of $3,656,031. Analysis JCC has received information regarding a concept block design of the site and preliminary construction project estimate. An architect was previously secured for a block plan design of the site, and the development of a preliminary project budget estimate. The project estimate is $11,000,000 as detailed to JCC at its November 29, 2016 meeting in report CYFS- 2016-02. The project funding will be shared with Newmarket In the same manner as the purchase of the lands, the design and construction of this project is recommended to be funded pro-rata between the two municipalities. Both municipalities will contribute based on the allocation formula percentage established for the year in which it’s budgeted which when blended result in a rate of 59.6% Newmarket; 40.4% Aurora. Each municipality is responsible for identifying and approving funding sources for their respective share of the project. The new facility was anticipated in past and current development charge programs, and will continue into future studies. It is normal that construction of fire halls be covered substantially by Development Charges; however, an element of replacement funding is required as the existing training facility located in Newmarket is being replaced within this project. This replacement component is to be funded from the CYFS Asset Replacement Reserve Fund, which over the years has been developed with joint funding from the two municipalities. Due to timing, not all DC’s for this fire project are currently on hand. Internal or external debt will be required until future collections of Fire DC’s are made. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R2 Page 2 of 6 February 7, 2017 Page 3 of 6 Report No. FS17-001 The project budget can be grouped as follows: Location Phase: Previously approved concept plan and budget estimate development $25,000 Design Phase: Detailed Design Contract currently recommended 495,000 Construction and Project Management Phase 10,480,000 Total Budget $11,000,000 Funding requirements for the Aurora driven project is as follows: Funding Source Amount Percentage of Total Replacement component funded by CYFS replacement reserve fund (ARF) 2,072,800 18.84% Aurora Share funded by Fire DC (40.4%) 3,606,600 32.79% Newmarket Share (funding determined by Newmarket) 5,320,600 48.37% Total Budget $11,000,000 100.00% Current phases of the project require funding allocation. JCC previously approved $25,000 for location consulting and concept plan and project budget development. At its most recent meeting, JCC approved a further $495,000 funding for detailed architectural design work. No funding sources or allocation was identified in these reports. Using the allocation percentages above, funding sources for this combined $520,000 is identified as follows: Funding source % of total Project Funding Amount CYFS Asset Replacement Reserve Fund 18.84% 98,000 Aurora Fire DC 32.79% 170,500 Recovery from Newmarket 48.37% 251,500 100.00% $520,000 General Committee Meeting Agenda Tuesday, February 7, 2017 Item R2 Page 3 of 6 February 7, 2017 Page 4 of 6 Report No. FS17-001 Advisory Committee Review The Joint Council Committee overseeing Central York Fire Services has reviewed and recommended for approval proceeding to detailed design of the new fire administration, training and suppression facility. How the two municipalities fund their respective shares is not the domain of the JCC. This report has been reviewed by the Fire Chief, and the Treasurer for Newmarket. Financial Implications Aurora’s share to be financed with Development Charges Aurora’s share of the funding as noted above is $3,606,600, to be funded from Development Charges – Fire Services component. In addition to the construction, the Fire Services DC will also be required to fund Aurora’s share of the new fire apparatus and bunker gear for the new crew to be located at this hall for a combined estimate of an additional $300,000. Total requirement for Fire DC for this facility for Aurora is $3,906,600. Development Charges on hand insufficient for project Following the purchase of the land, the Town’s fire DC balance is $505,700 as at October 31, 2016. If all funding was required for this project immediately, the DC reserve would be overdrawn in the amount of $3,400,900. Fire DC’s amount to $590 per single/semi residential unit today, and accordingly, amounts to approximately 6,000 units. Accordingly it will take more than ten years of future development to fully pay for this new facility. This long term funding approach is consistent with the requirements of the Development Charges Act; our DC background study shows significant benefits of this new facility are expected to accrue to future construction beyond the current planning horizon. Shortfall to be financed internally Fire DC’s are typically expended in infrequent bursts for the construction of new fire halls such as the one at hand. Fire DC’s have been collected in the past towards this project and were substantially used to purchase the lands. Given the relatively small amount of funding required for Aurora’s share, and the transaction costs of debt financing, it is recommended that external debt not be used, but rather internal financing be implemented, similar to that used for the overbuild of the library building. Debt repayments, including interest costs would be fully funded from future development General Committee Meeting Agenda Tuesday, February 7, 2017 Item R2 Page 4 of 6 February 7, 2017 Page 5 of 6 Report No. FS17-001 charge collections over time. There would be no impact to the tax rate budget from this financing approach. Newmarket will fund their proportionate share of the project on an as required basis to meet the needed cash flow of the project. This report is intended to approve the funding model for the whole of the project While the JCC has not yet formally approved the construction of the project, they have directed detailed design to begin based on a preliminary design/build estimate of $11,000,000. At this time, through the minutes of the JCC, Council of Aurora will approve the funding required for the detailed design phase. By adopting this report, Council is approving the funding approach for the allocation of funds to be used for the whole of the project, including the detailed design phase. The funding commitment for the construction phase is yet to be approved by JCC or either council of Newmarket or Aurora. Communications Considerations None, a Council Highlight will reference the approval to proceed with detailed design of the facility and its location. Link to Strategic Plan Outlining the detailed funding model for Aurora’s share of the new jointly owned Fire Headquarters contributes to improved transparency and accountability, and demonstrates progressive corporate management and excellence through the financial planning and foresight which is active at Aurora. Alternative(s) to the Recommendation JCC has approved and is recommending that Aurora and Newmarket move forward with the detailed design and ultimately the construction of a new fire station, complete with spaces for administration, training division, indoor and outdoor training areas and space, as well as a fully operational fire station. 1. Council may approve only the design phase funding rather than full project funding in principle, thereby requiring another separate funding report for Aurora’s share of the construction phase of the project. 2. Other General Committee Meeting Agenda Tuesday, February 7, 2017 Item R2 Page 5 of 6 General Committee Meeting Agenda Tuesday, February 7, 2017Item R2 Page 6 of 6February 7, 2017 Page 6 of 6 Report No. FS17-001 Conclusions Proceeding with the detailed design of the new fire headquarters and training facility located in Aurora will be a major step towards meeting the recommendations set out in the recently approved Fire Master Plan Update. The funding will be shared proportionately between Newmarket and Aurora. This report has outlined how the project, and in particular Aurora's share will be funded and financed. Attachments None Previous Reports CYFS Report 2016-02 regarding Fire Station 4-5 Project Plan to Joint Council Committee meeting held November 29, 2016 Pre-submission Review Agenda Management Team review on January 19, 2017 Departmental Approval Dan Elliott, CPA, CA Director of Financial Services -Treasurer Approved for Agenda · Doug Nadorozny Chief Administrative Officer Town of Aurora General Committee Report No. IES17-004 Subject: Approval of Capital Project No. 24006 (Replacement of By-law Services vehicle No. 403) Prepared by: Greg McClenny, Facilities & Fleet Supervisor Department: Infrastructure and Environmental Services Date: February 7, 2017 Recommendation 1. That Report No. IES17-004 be received; and 2. That this report satisfy Council’s conditional approval of Capital Project No. 24006; and 3. That staff be authorized to proceed with Capital Project No. 24006, “Replacement of By-law Services vehicle No. 403”. Executive Summary This report seeks Council approval to proceed with Capital Project No. 24006 for the replacement of By-law Services vehicle No. 403. Background By-law Services vehicle No. 403 has been heavily utilized since its acquisition in 2009. It is in use almost daily, all year long. The type of use is considered severe by automotive standards; severe being defined as repeated, short distance driving, extended periods of idling or low speed operation, extensive use of brakes, more than 50 percent driving in city traffic. Analysis A significant cost is required to repair the Toyota Tacoma The Toyota Tacoma pick-up truck has averaged approximately 32,000 kilometers annually, (223,000 total kilometres) and is now showing signs of excessive wear. The General Committee Meeting Agenda Tuesday, February 7, 2017 Item R3 Page 1 of 3 February 7, 2017 Page 2 of 3 Report No. IES17-004 forecasted repair costs in 2017 will be approximately $7,600. The 2017 resale value on a vehicle of similar age and mileage is approximately $8,400. Investigation into a green type vehicle to replace vehicle No. 403 has shown that there currently is nothing available to the Canadian market with specifications that resemble the vehicle that By- law Services requires for their business needs. Advisory Committee Review Not applicable. Financial Implications Capital Project No. 24006 has been approved pending this report for $40,000 which is sufficient funding to acquire a replacement vehicle suitable for the current requirements of By-law Services. Communications Considerations There is no external communication required. Link to Strategic Plan Providing a safe and reliable vehicle for By-law Services supports the Strategic Plan Goal of Investing in Sustainable Infrastructure by maintaining infrastructure to support forecasted population growth through technology, waste management, roads, emergency services and accessibility. Alternative(s) to the Recommendation 1. Option 1: Council may choose to not award this project. The existing vehicle is a depreciating asset which is forecasted to incur a higher than usual amount of repair costs. If Council chooses to not approve this capital project, the existing vehicle will continue to be used, and the Town will likely experience increased maintenance costs and decreased service levels. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R3 Page 2 of 3 General Committee Meeting Agenda Tuesday, February 7, 2017Item R3 Page 3 of 3February 7, 2017 Page 3 of 3 Report No. IES17-004 Conclusions Staff recommends that Capital Project No. 24006 be approved and that the By-law Services vehicle No. 403 be replaced in the amount of $40,000. Attachments None. Previous Reports Not applicable. Pre-submission Review Agenda Management Meeting review on January 19, 2017 Departmental Approval llma'r Simanovskis Director Infrastructure and Environmental Services Approved for Agenda Doug Nadorozny Chief Administrative Officer Town of Aurora General Committee Report No. IES17-005 Subject: Purchase Order Increase for Roads Salt Prepared by: Philip Galin, Manager Operations Department: Infrastructure and Environmental Services Date: February 7, 2017 Recommendation 1. That Report No. IES17-005 be received; and 2. That Purchase Order No. 78 be extended to Compass Mineral Canada Corp. for the final optional year for the York Co-Op for untreated highway coarse rock salt supply; and 3. That Purchase Order No. 78 to Compass Minerals Canada Corp. be increased by $200,000 from the amount of $355,806 to $555,806, excluding taxes, for the two-year contract term of 2016 and 2017; and 4. That Purchase Order No. 752 to Compass Minerals Canada Corp. be increased by $40,000 from the amount of $260,000 to $300,000, excluding taxes, for the contract term of 2016 for Thawrox. Executive Summary This report seeks council approval to extend PO No. 78 for 2016 and 2017 for untreated highway coarse rock salt supply for the Town’s Roads department approved vendor as selected through Tender No. CT-2012-07, for the supply and delivery of bulk highway coarse rock salt completed by the Regional Municipality of York for the York Purchasing Co-operative • This Tender provides for contracted services from 2013 to 2017 being a total of 3 years with 2 optional years • The total approved funding is $260,000 (excluding taxes) per year for 2016 and 2017 for Thawrox only • PO No. 78 is for coarse rock salt which needs to be extended for 2017 General Committee Meeting Agenda Tuesday, February 7, 2017 Item R4 Page 1 of 4 February 7, 2017 Page 2 of 4 Report No. IES17-005 • PO No. 752 for Thawrox requires an increase of $40,000, from $260,000 to $300,000 Background Tender No. CT-2012-07 for the supply and delivery of highway coarse rock salt was tendered by the Regional Municipality of York for the York Purchasing Co-operative in 2012. This tender provides for contracted services from 2013 to 2017 being a total of 3 years with 2 optional years. In the fall of 2015 the Town changed to 100 percent Thawrox and found that this was very effective, however the treated salt does tend to clog the equipment. For the winter of 2016/2017 the Town tested a 50/50 mix of treated and untreated salt and the outcome has been extremely successful. Thawrox activates better than untreated salt, and with the mix does perform better with the equipment operation. Staff recommend continuing the mix for 2017. Analysis In 2016 the Town spent $ 296,000 on Thawrox and $91,000 on road salt, totaling $387,000 or $127,000 over the annual budget of $260,000 (excluding taxes). This was a result of heavy consumption due to significant salting events in early 2016 and December of this year. A total of $131,000 was spent in December 2016 alone. This compared to $48,000 in 2015 for October, November and December combined. Advisory Committee Review Not applicable. Financial Implications The Town has a $260,000 budget for the program which includes weather forecasting services, radios, route patrol equipment and salt. In 2016 for the entire winter program, $387,000 was spent to maintain the roads with $239,000 being spent in Q1/Q2 of 2016. The weather during this past year required more salting operations than plowing operations due to lighter but more frequent snow events. Even with the high salt usage, the overall winter maintenance budget is forecast to be under budget for 2016. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R4 Page 2 of 4 February 7, 2017 Page 3 of 4 Report No. IES17-005 Compared to 2015, there was no need to order salt in December 2015 however in December 2016 $131,000 was spent to maintain the Town salt reserves. The financial implications are: • The requirement to increase the existing Salt PO No. 78 by $200,000 (from $355,806 to $555,806 based on $100,000 for each year) for the two year contract term of 2016 and 2017 • The requirement to increase the existing Thawrox PO No. 752 by $40,000 (from $260,000 to $300,000) for the 2016 service year. Communications Considerations There is no external communication required. Link to Strategic Plan Maintaining the Town’s facilities supports the Strategic Plan Goal of Investing in Sustainable Infrastructure by maintaining infrastructure to support forecasted population growth through technology, waste management, roads, emergency services and accessibility. Alternative(s) to the Recommendation Salt supply is a requirement to maintain service levels for winter maintenance and is used as sparingly as possible to balance safety, service level commitments and environmental protection. There are currently no other viable options for snow and ice management. Conclusions Staff recommend continuing with the combined application of road salt and Thawrox. It is recommended that PO No. 78 be increased by $100,000 for 2016 and $100,000 for 2017 for salt supply to a revised value of $555,806 excluding taxes, and that PO No. 752 be increased by $40,000 for 2016 for Thawrox supply to a revised value of $300,000, excluding taxes. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R4 Page 3 of 4 General Committee Meeting Agenda Tuesday, February 7, 2017Item R4 Page 4 of 4February 7, 2017 Page 4 of 4 Attachments None. Previous Reports IES12-049 -Award of Contracts Winter Salt and Sand Supplies IES15-066 -Supply of Alternative De-icer Pre-submission Review Agenda Management Meeting review on January 19, 2017 Report No. IES17-005 Departmental Approval Approved for Agenda / ~/ llma ,,. imanovskis Doug Nadorozny Director Chief Administrative Officer Infrastructure and Environmental Services Town of Aurora General Committee Report No. PBS17-002 Subject: Application for Zoning By-law Amendment Worthman & Cwenar 19-21 Machell Avenue Lot 5, Registered Plan No. 36 File Number: ZBA-2016-11 Prepared by: Glen Letman, Manager of Development Planning Department: Planning and Building Services Date: February 7, 2017 Recommendations 1. That Report No. PBS17-002 be received; and 2. That Application to Amend the Zoning By-law File No. ZA-2016-11, Worthman & Cwenar to rezone the subject lands from “Central Commercial (C2) Zone” to “Special Mixed Density Residential (R5-X) Exception Zone be approved; and 3. That the implementing Zoning By-law Amendment be presented at a future Council Meeting for enactment. Executive Summary This report seeks Council’s approval of a proposed Zoning By-law amendment to legalize two (2) existing semi-detached units on the subject lands by rezoning the subject lands from “Central Commercial (C2) Zone” to “Special Mixed Density Residential (R5-X) Exception Zone • A Public Planning meeting was held and no public comments were presented. • All department and agency comments have been received and there are no objections to the bylaw amendment application. • Staff have reviewed the proposal and support the bylaw amendment application. • There will be no physical change to the residential property and the existing home will remain on the lands. • The applicant will be required to apply to the Committee of Adjustment to sever the property as proposed by the bylaw amendment application. February 7, 2017 Page 2 of 9 Report No. PBS17-002 Background The subject Zoning By-law Amendment application was submitted to the Town on November 2, 2016 and a Public Planning Meeting was held on December 15, 2016. At that meeting Council passed the following resolution: “THAT Report No. PBS16-103 be received; and THAT comments presented at the Public Planning Meeting be addressed by Planning & Development Services in a comprehensive report outlining recommendations and options at a future General Committee Meeting.” Location / Land Use The subject lands are located north of Wellington Street East, west of Yonge Street, directly south of 15278 Yonge Street (Carpino Construction Inc.) and are municipally known as 19-21 Machell Avenue (see Figure 1). The subject lands consist of a rectangular parcel that is approximately 808 sqm in area (0.12 acres), and having a frontage of 20.1m on Machell Avenue and a lot depth of 40.2m. The subject lands are listed on the Aurora Registrar of Properties of Cultural Heritage Value or Interest. The existing building located on the subject lands was constructed circa 1880, designed in an Ontario gothic house style of architecture. Surrounding Land Uses The surrounding land uses are as follows: North: stacked, back-to-back townhouse dwelling units (15278 Yonge Street); South: existing residential; East: stacked, back-to-back townhouse dwelling units (15278 Yonge Street); West: Machell Avenue and existing residential. Policy Context Provincial Policies All Planning Act development applications are subject to provincial policies. The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest. These policies support the development of strong communities through the promotion of efficient land use and development patterns. The Growth Plan for the Greater Golden Horseshoe is a guiding document for growth management within the Greater Golden Horseshoe (GGH) Area to 2041. The Growth Plan provides a framework which guide decisions on how land will be planned, designated, zoned and designed. The Lake Simcoe Protection Plan (LSPP) is a provincial document that provides policies which addresses aquatic life, water February 7, 2017 Page 3 of 9 Report No. PBS17-002 quality, water quantity, shorelines and natural heritage, other threats and activities (including invasive species, climate change and recreational activities) and implementation. York Region Official Plan (YROP) The subject lands are designated as “Urban Area” within the York Region Official Plan. York Region’s vision for the Urban Area is to strategically focus growth while conserving resources and to create sustainable lively communities. Under the York Region’s Official Plan, one regional urbanization goal is to enhance the Region’s urban structure through city building, intensification and compact, complete communities. Town of Aurora Official Plan The subject lands are considered to be designated as “Stable Neighbourhoods” by the Town of Aurora Official Plan (Figure 2). The “Stable Neighbourhoods” Designation is intended to protect the area from incompatible forms of development while permitting the area to evolve and be enhanced over time. Permitted uses include ground-related residential uses, existing multiple-unit buildings, secondary suites, communal housing, special needs housing, home occupations, bed and breakfast establishments, elementary schools, places of worship, child care facilities, local convenience/ service retail, office uses, parks and recreation facilities, public uses, and private utilities. The Official Plan also contains policies to conserve and enhance existing cultural heritage resources where appropriate. Zoning By-law 2213-78, as amended The subject lands are currently zoned “Central Commercial (C2) Zone” by the Town of Aurora Zoning By-law 2213-78, as amended (Figure 3). An Amendment to the Zoning By-law is required to re-zone the subject lands to legalize two (2) existing semi-detached units on the subject lands. The applicant is proposing to rezone the subject lands from “Central Commercial (C2) Zone” to “Special Mixed Density Residential (R5) Zone” as illustrated on Figure 4. Proposed Application Proposed Zoning By-law Amendment As shown in Figure 4, the Applicant proposes to rezone the subject lands from “Central Commercial (C2) Zone” to “Special Mixed Density Residential (R5) Zone”. The Owner has submitted a draft Zoning By-law which is currently under review by staff. The following is a table to compare the difference between the current C2 zoning requirements as they apply to the lands and the proposed R5 Exception Zone. February 7, 2017 Page 4 of 9 Report No. PBS17-002 Parent C2 Zone Requirement Proposed R5 Exception Zone Permitted Uses - Banks or other financial establishments - Business or professional offices - Commercial schools - Commercial Clubs - Clinics - Dry Cleaning Establishments - Dwelling units above the first storey - Funeral parlours - Institutional uses, including churches, libraries, government offices, post office - Hotels or motels - Places of Entertainment - Restaurants - Retail Stores - Service shops, light - Service shops, personal - Studios - Supermarkets -one semi-detached dwelling per lot Lot Area (minimum) 230.0 square metres 650 sqm Lot Frontage (minimum) 10.0 metres 9.0m per lot Front Yard (minimum) - - Main Building 3.5 m - Garage 6.0 m Rear Yard (minimum) 7.5 metres 7.5 m Interior Side Yard (minimum) - 1.5 m Floor Area (minimum) - - Lot Coverage (maximum) - 40.0% Height (maximum) 5 storeys, provided the 4th and 5th storeys are set back a minimum of 3 metres from the main front and exterior walls of the third storey 11.0 m Note: Final zoning performance standards will be evaluated by Staff in detail prior to the implementing Zoning By-law Amendment being brought forward to Council for enactment. February 7, 2017 Page 5 of 9 Report No. PBS17-002 Future Consent Application The Owner intends to file an application for consent for consideration by the Committee of Adjustment in the near future. The Owner seeks to obtain consent approval to divide the subject lands into two parcels of land based on the demising wall of the existing semi- detached dwelling. Figure 5 illustrates that the proposed westerly lot (21 Machell Avenue, Part 2, Lot 5) will have an area of 442.6 square metres. The adjoining easterly lot (19 Machell Avenue, Part 1 Lot 5) will have a lot area of 361.4 square metres. In order to facilitate the severance, it is necessary to rezone the subject lands from Central Commercial (C2) Zone to Residential Special Mixed Density (R5-X) Exception zone as the existing Central Commercial Zone provisions do not include a semi-detached dwelling as a permitted use. Analysis Planning Considerations Staff have conducted a detailed review of the proposed Zoning Bylaw Amendment application with respect to the policies of the Official Plan and compatibility to surrounding land uses and staff are able to support the application. Provincial Policy Statement (PPS) The PPS encourages the development of strong communities through the promotion of efficient land use and development patterns. The proposed rezoning to allow a consent to sever is within an existing urban area which minimizes land consumption and uses the existing servicing infrastructure to provide services to a wider range of residents in the area. The subject lands are in close proximity to a major transit route which promotes alternative modes of transportation. The proposed amendments will encourage and provide opportunities for economic development and community investment. As a result, it is Planning Staff’s opinion that the proposed Zoning By-law Amendment is consistent with the PPS. Places to Grow Plan for the Greater Golden Horseshoe Places to Grow promote and encourages new growth in built-up areas of a community through intensification. The application to amend the Zoning By-law is consistent with the Places to Grow Plan by maintaining existing infrastructure within the built up areas and reducing dependence on the automobile through the development of a trans-supportive, pedestrian-friendly urban environment. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside of the Lake Simcoe Region Conservation Authority Regulation Limits. However, the Region has no comments from a water resources point of February 7, 2017 Page 6 of 9 Report No. PBS17-002 view and the Town’s Development Engineer is satisfied with the proposed storm water management. As such, it is Planning Staff’s opinion that the proposed amendments to the Zoning By-law will conform to the Lake Simcoe Protection Plan. York Region Official Plan The lands are designated “Urban Area” in the YROP. It is York Region’s opinion that the proposed Zoning By-law Amendment is in keeping with the policies of the YROP. York Region advises that the proposed rezoning complies with the YROP. Town of Aurora Official Plan As noted above the subject lands are considered to be designated as “Stable Neighbourhoods” by the Town of Aurora Official Plan (Figure 2). The “Stable Neighbourhoods” Designation is intended to protect the area from incompatible forms of development while permitting the area to evolve and be enhanced over time. Permitted uses include ground-related residential uses. The Official Plan also contains policies to conserve and enhance existing cultural heritage resources where appropriate. The owner proposes to maintain the existing two dwellings as they currently exist on site. The bylaw amendment would not allow any additional dwelling units. The application is considered to conform to the provisions of the ‘Stable Neighbourhoods’ policies. Zoning By-law 2213-78, as amended The subject lands are currently zoned “Central Commercial (C2) Zone” by the Town of Aurora Zoning By-law 2213-78, as amended (Figure 3). An Amendment to the Zoning By-law is required to re-zone the subject lands to legalize two (2) existing semi-detached units on the subject lands. The applicant is proposing to rezone the subject lands from “Central Commercial (C2) Zone” to “Special Mixed Density Residential (R5) Zone” as illustrated on Figure 4. There will be virtually no change to the residential land use that has existed on the property for over 100 years. The existing semi-detached dwelling will remain on the lands with the two driveway accesses onto Machell Ave. The approval of the bylaw amendment application will be compatible with the abutting and surrounding residential land uses on Machell Avenue and abutting to the east. The purpose of the application is to bring the lands into Official Plan conformity allowing the semi detached home to be severed into two separate lots by way of a conveyance to be approved by the Committee of Adjustment. A review of the proposed Zoning By-law Amendment application has been undertaken by internal departments and external agencies and staff are able to support the application. February 7, 2017 Page 7 of 9 Report No. PBS17-002 Department/Agency Comments The application was circulated to all internal and external agencies including Development Planning Engineer, Heritage Planner, Building Division, York Central Fire Services and the Lake Simcoe Region Conservation Authority for review and comments. There were no comments or concerns with the application. Public Comments Planning Staff have received no comments from residents from the surrounding neighbourhood and general public. Advisory Committee Review There is no physical change proposed to the existing semi-detached dwelling. However should the owner propose any alterations to the building staff will consult with the Heritage Advisory Committee. Financial Implications There are no financial implications to the Bylaw Amendment application. . Communications Considerations On November 24, 2016, a Notice of Complete Application and Notice of Public Planning Meeting respecting the Zoning By-law Amendment application was published in the Auroran and Aurora Banner newspapers. In addition, the notices were given by mail to all addressed property Owners within a minimum of 120 metres (393 feet) of the subject lands. A Notice of the Public Planning meeting sign was also posted on the subject lands. Public Meeting notification has been provided in accordance with the Planning Act. There are no interested parties requiring notification of Council’s consideration of the subject Zoning Bylaw Amendment application. Link to Strategic Plan The proposed Zoning By-law Amendment application supports the Strategic Plan goal of Supporting an exception quality of life for all through its accomplishment in satisfying requirements in the following key objectives within this goal statement: Strengthening the fabric of our community: Through the proposed Zoning By-law Amendment application on the subject lands, the application will assist in working with the development community to ensure future growth includes housing opportunities for February 7, 2017 Page 8 of 9 Report No. PBS17-002 everyone and work with the development community to meet intensification targets to 2023 as identified in the Town’s Official Plan Alternatives to the Recommendation 1.Direct staff to report back to Council addressing any issues that may be raised at the General Committee Meeting. 2.Refusal of the application with an explanation for the refusal. Conclusions Planning and Building Services have reviewed the proposed Zoning By-law Amendment in accordance with the provisions of the Provincial, Regional, the Town’s Official Plan, Zoning By-law and municipal development standards respecting the subject lands. The proposed Zoning By-law Amendment is considered to be in compatible with the abutting residential neighbourhood and in keeping with the development standards of the Town. Staff are able to support the approval of the application. Attachments Figure 1- Location Map Figure 2- Existing Official Plan Designation Figure 3- Existing Zoning By-Law Figure 4- Proposed Zoning By-law Figure 5- Site plan Previous Reports Public Planning Report No. PBS16-103, dated December 15, 2016. General Committee Meeting Agenda Tuesday, February 7, 2017 Item R5 Page 9 of 14 February 7, 2017 Page 9 of 9 Report No. PB817-002 Pre-submission Review Reviewed by the Agenda Management Team, January 19, 2017. Departmental Approval ~mun~CIP, RPP Director Planning and Building Services Approved for Agenda Doug Nadorozny Chief Administrative Officer Yonge StreetMill StreetWellington Street We s t Catherine Avenue Yonge StreetCentre Street Wellington Street West Wellington Street East Irwin Avenue Machell AvenueLOCATION MAP Ma p created by the Town of Aurora Planning and Building Services Department, January 16, 2017. Base data provided by York Region & the Town of Aurora. Air Photos taken Spring 2016, © First Base Solutions Inc., 2016 Orthophotography. ¯FIGURE 1 St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive ^Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd 0 25 50 75 100 Metres APPLICANT: 19 -21 Machell Ave (Worthman & Cwenar)FILES: ZBA-2016-11 SUBJECT LANDS Dunham C rescentTemperance StreetMill StreetVictoria StreetGeorgeStreetIrwin Avenue Catherine Avenue Centre StreetMachell AvenueYONGE STREETWEL LINGTON STREET EASTWELLINGTON STREET WEST YONGE STREETEXISTING OFFICIAL PLAN DESIGNATION Map created by the Town of Aurora Planning and Building Services Department, January 16, 2017. Base data provided by York Region & the Town of Aurora. ¯0 25 50 75 100 MetresAPPLICANT: 19-21 Machell Av e (Worthman & Cwenar)FILES: ZBA-2016-11FIGURE 2 St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive ^Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd SUBJECT LANDS THE AURORA PROMENADE Existing Employment - Brownfield Industrial Environmental Protection Upper Downtown Existing Employment - Light Industrial/Service Downtown Schedule A OPA Schedule B1 Secondary Plan Area Public Parkland Stable Neighbourhoods Existing Major Institutional Private Parkland Wellington Street Wes t Catherine Avenue Temperance StreetYonge StreetMill StreetCentre StreetYonge StreetWellington Street EastWellington Street West Machell AvenueO I-9 EP-8 R6-65 R5-24 R5 EP C2 C2-5 C2-3 C2-19C2-20 C2-18 O I R5 C2 C2-1 I R5-26R2 EPRA3-3RA2-1 I-1 RA3-1 C2 RA1-2 R6-51R2 C2C2 C2 C2 EXISTING ZONING BY-LAW Map created by the Town of Aurora Planning and Building Services Department, January 16, 2017. Base data provided by York Region & the Town of Aurora. ¯0 25 50 75 100 MetresAPPLICANT: 19-21 Machell Ave (Worthman & Cwenar)FILES: ZBA-2016-11 FIGURE 3 SUBJECT LANDS Row DwellingR6 Institutional INSTITUTIONAL ZONES I Detached DwellingSecond DensityR2 Central COMMERCIAL ZONES C2 Zoning Legend Special Mixed Density RESIDENTIAL ZONES R5 Major Open Space OPEN SPACES ZONES O Environmental ProtectionEP IndustrialC5 Semi-Detached & DuplexDwelling Third DensityR3 ApartmentFirst DensityRA1 ApartmentSecond DensityRA2 ApartmentThird DensityRA3 Wellington Street Wes t Catherine Avenue Temperance StreetYonge StreetMill StreetCentre StreetYonge StreetWellington Street EastWellington Street West Machell AvenueO I-9 EP-8 R6-65 R5-24 R5 EP C2 C2-5 C2-3 C2-19C2-20 C2-18 O I R5 C2 C2-1 I R5-26R2 EPRA3-3RA2-1 I-1 RA3-1 C2 RA1-2 R6-51R2 C2C2 C2 C2 PROPOSED ZONING BY-LAW Map created by the Town of Aurora Planning and Building Services Department, January 16, 2017. Base data provided by York Region & the Town of Aurora. ¯0 25 50 75 100 Metres APPLICANT: 19-21 Machell Ave (Worthman & Cwenar)FILES: ZBA-2016-11 FIGURE 4 SUBJECT LANDS Row DwellingR6 Institutional INSTITUTIONAL ZONES I Detached DwellingSecond DensityR2 Central COMMERCIAL ZONES C2 Zoning Legend Special Mixed Density RESIDENTIAL ZONES R5 Major Open Space OPEN SPACES ZONES O Environmental ProtectionEP IndustrialC5 Semi-Detached & DuplexDwelling Third DensityR3 ApartmentFirst DensityRA1 ApartmentSecond DensityRA2 ApartmentThird DensityRA3 R5-XX Map created by the Town of Aurora Planning and Building Services Department, January 17, 2017. Drawing provided by Delph & Jenkins North Ltd. SITE PLAN APPLICANT: 19-21 Machell Ave (Worthman & Cwenar)FILES: ZBA-2016-11 FIGURE 5 Town of Aurora General Committee Report No. PBS17-004 Subject: Application for Zoning By-law Amendment Canadian Tire Real Estate Limited 14700 Yonge Street Part of Lots 76 and 77 Concession 1 File Number: ZBA-2016-05 Prepared by: Marty Rokos, Planner Department: Planning and Building Services Date: February 7, 2017 Recommendations 1.That Report No. PBS17-004 be received; and 2.That the Application to Amend the Zoning By-law File Number ZBA-2016-05 (Canadian Tire Real Estate Limited), to amend the site specific C4-15 zoning provisions to allow additional commercial uses be APPROVED; and 3.That the implementing Zoning By-law Amendment be presented at a future Council Meeting. Executive Summary This report seeks Council’s approval for the application for Zoning By-law Amendment at 14700 Yonge Street. The owner proposes to amend the site specific C4-15 Zoning provisions to allow additional commercial uses on the subject lands. •The application has been circulated for comment. Comments have been provided to the owner; •One written public comment has been received in addition to the verbal comments received at the Public Planning Meeting. 12 people registered as interested parties; •The proposed Zoning By-law Amendment is consistent with Provincial, Regional, and the Town’s Official Plan policies; and •A Site Plan Exemption application will be required for the proposed site changes. February 7, 2017 Page 2 of 11 Report No. PBS17-004 Background Application History The application for the Zoning By-law Amendment was heard at the Public Planning Planning Meeting on September 28, 2016. At that meeting, Council received the report and directed the applications to proceed to a future General Committee meeting for consideration. At that meeting, Council passed the following resolution: “That Report No. PBS16-070 be received; and That comments presented at the Public Planning meeting be addressed by Planning and Building Services in a comprehensive report outlining recommendations and options at a future General Committee meeting.” Location / Land Use The subject lands, municipally known as 14700 Yonge Street, are located between Henderson Drive and Murray Street (Figure 1). The property has a lot area of 3.06 hectares and a frontage of 156.6 m on Yonge Street. The existing building is a 7,781 m2 GFA former Canadian Tire store that is now vacant. 350 parking spaces are currently provided. The subject lands have the following characteristics: •Former Canadian Tire store; •The driveway along the northerly property line is shared with the adjacent Winners Plaza and the driveway at the southerly property line is used by the adjacent townhouses on Mosaics Avenue. •The topography generally slopes down from Yonge Street to the west. Surrounding Land Uses The surrounding land uses are as follows: North: Commercial South: Residential and commercial East: Yonge Street, Aurora War Memorial Peace Park and commercial West: Residential February 7, 2017 Page 3 of 11 Report No. PBS17-004 Policy Context Provincial Policies All Planning Act development applications are subject to provincial policies. The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest. These policies support the development of strong communities through the promotion of efficient land use and development patterns. The Growth Plan for the Greater Golden Horseshoe is a guiding document for growth management within the Greater Golden Horseshoe (GGH) Area to 2041. The Growth Plan provides a framework which guide decisions on how land will be planned, designated, zoned and designed. The Lake Simcoe Protection Plan (LSPP) is a provincial document that provides policies which addresses aquatic life, water quality, water quantity, shorelines and natural heritage, other threats and activities (including invasive species, climate change and recreational activities) and implementation. York Region Official Plan (YROP) The subject lands are designated as “Urban Area” within the York Region Official Plan. York Region’s vision for the Urban Area is to strategically focus growth while conserving resources and to create sustainable, lively communities. Under the York Region’s Official Plan, one regional urbanization goal is to enhance the Region’s urban structure through city building, intensification and compact, complete communities. Town of Aurora Official Plan – “Promenade General” and “Promenade Focus Area”. The “Promenade General” designation is intended to promote transformation into a vibrant, pedestrian-oriented area through the introduction of higher densities and high quality mid-rise forms placed close to the street, while providing appropriate transitions to adjacent neighbourhood. Areas within the “Promenade Focus Area” designation share many characteristics with the “Promenade General” designation but present exceptional opportunities afforded by their entryway locations, existing or planned infrastructure, and major community amenities/services. This designation is intended to provide enhanced development potential. Permitted uses in both designations include multiple unit buildings, townhouses, apartment buildings, communal housing, live-work units, commercial uses including retail stores, restaurants and personal services, tourist accommodation, commercial and/or government offices, research and data processing facilities, child care facilities, institutional uses, cultural, recreational and entertainment uses, conference centres, parking facilities at grade and/or in structure, a variety of parks and urban squares, public uses, and utilities. Prohibited uses include single detached and semi-detached dwelling units and automotive-oriented uses of any kind including, but not limited to sales, service and gas stations. February 7, 2017 Page 4 of 11 Report No. PBS17-004 Zoning By-law 2213-78, as amended The subject lands are currently zoned “Shopping Centre Commercial (C4-15) Exception Zone” by the Town of Aurora Zoning By-law 2213-78, as amended (Figure 3). The C4-15 Zone permits a retail store selling home products, automotive supply and sports and leisure products within a single building, which may include ancillary uses such as automotive service and repair, garden and nursery sales including seasonal outside storage, food services which are ancillary and accessory to the main permitted uses, and associated warehousing and office space. Reports and Studies The Owner submitted documents as part of a complete application to the proposed Zoning By-law Amendment application as identified in staff report PBS16-070. Proposed Application Proposed Zoning By-law Amendment As shown in Figure 3, the owner proposes to amend the site specific C4-15 Exception Zone. The Owner proposes to expand the list of permitted commercial uses and exceptions to the parking provisions of the By-law. The Owner has submitted a draft Zoning By-law which is currently under review by staff. The following is a table to compare the difference between the current C4-15 zoning requirements with the proposed zoning requirements. Existing C4-15 Exception Zone Requirement Proposed C4-15 Exception Zone Requirement Permitted Uses Retail store selling home products, automotive supply and sports and leisure products Bake shops special, banks or financial establishments, bowling alleys, business and professional offices, clinics, drug stores, dry cleaning establishments, libraries, post offices and government administrative offices, laundries, medical and dental laboratories, places of entertainment, personal service shops, private and commercial clubs, restaurants, retail stores, supermarkets, 1 apartment suite for a caretaker* Lot Area (minimum) 28,000.0 m2 28,000.0 m2 Lot Frontage (minimum) 130.0 m 130.0 m February 7, 2017 Page 5 of 11 Report No. PBS17-004 Existing C4-15 Exception Zone Requirement Proposed C4-15 Exception Zone Requirement Front Yard (minimum) 110.0 m for main building 12.0 m for other buildings 110.0 m for main building 6.0 m for other buildings Rear Yard (minimum) 6.0 m 6.0 m Side Yard (minimum) South: North: 17.0 m 8.5 m 17.0 m 8.5 m Floor Area (maximum) 8,200.0 m2 8,200.0 m2 Lot Coverage (maximum) 35% 35% Height (maximum) 10.0 m 10.0 m Parking (minimum) •6 spaces/100 m2 of retail and/or accessory food storage •1 space/90 m2 of warehouse use •3.3 spaces/90 m2 of office use •6 spaces/100 m2 of service centre use 4.5 spaces/100 m2 of GFA* Stacking lane for drive-through facilities n/a Minimum 10 spaces* Permitted Encroachments (maximum) Fire access stairs and landings: 1.2 m into required westerly yard setback Fire access stairs and landings: 1.2 m into required westerly yard setback Patio: 2.0 m into required side yard setback* Outside Storage Only as an accessory use to garden and nursery sales, maximum 1,700 m2 in accordance with approved site plan Temporary seasonal storage only as an accessory to retail use on site* February 7, 2017 Page 6 of 11 Report No. PBS17-004 Note: The proposed bylaw exceptions are highlighted and labelled with an asterisk “*”. Final zoning performance standards will be evaluated by Staff in detail prior to the implementing Zoning By-law Amendment being brought forward to Council for enactment. Conceptual Site Plan As illustrated on Figure 4, the conceptual site plan is mostly unchanged from the current site layout, the difference being the two the two (2) new loading docks proposed at the south end of the building and conceptual future drive-through restaurant at the northeast corner of the site. A site plan for the restaurant will be submitted at a later date. The existing building is proposed to be divided into three (3) commercial units. The following is a summary of the conceptual commercial development: Proposed Use GFA Existing Building Commercial units (former Canadian Tire) 7,781 m2 Proposed addition Loading docks 119 m2 Proposed new building Restaurant with drive- through 167 m2 Analysis Planning Considerations Provincial Policy Statement (PPS) It is Planning Staff’s opinion that the proposed Zoning By-law Amendment application is consistent with the PPS. The PPS encourages the development of strong communities through the promotion of efficient land use and development patterns. The proposed rezoning is on an existing commercial property, which minimizes land consumption and uses the existing servicing infrastructure to provide services to a wider range of residents in the area. The proposed development is located along a major transit route which promotes alternative modes of transportation. The proposed amendment will encourage and provide opportunities for economic development and community investment. As a result, it is Planning Staff’s opinion that the proposed Zoning By-law Amendment application is consistent with the PPS. February 7, 2017 Page 7 of 11 Report No. PBS17-004 Places to Grow Plan for the Greater Golden Horseshoe The proposed Zoning By-law Amendment application is consistent with the Places to Grow Growth Plan. Places to Grow promotes and encourages new growth in built-up areas of a community through intensification. The application to amend the Zoning By-law is consistent with the Places to Grow Plan by directing new growth to the built up area along a major transit corridor. As such, it is Planning Staff’s opinion that the proposed Zoning By-law Amendment application is consistent with the Places to Growth Growth Plan. Lake Simcoe Protection Plan (LSPP) It is Planning Staff’s opinion that the proposed Zoning By-law Amendment application conforms to the LSPP. The subject lands are located within the Lake Simcoe watershed and are subject to the applicable policies of the Lake Simcoe Protection Plan. The Lake Simcoe Conservation Authority reviewed the proposed applications with no further comments. As such, it is Planning Staff’s opinion that the proposed Zoning By-law Amendment application will conform to the Lake Simcoe Protection Plan. York Region Official Plan It is Planning Staff’s opinion that the proposed Zoning By-law Amendment application conforms to the YROP. The lands are designated “Urban Area” in the YROP. It is York Region’s opinion that the proposed Zoning By-law Amendment is in keeping with the policies of the YROP. York Region has no objection to the application. Town of Aurora Official Plan It is Planning Staff’s opinion that the proposed Zoning By-law Amendment application conforms to the Official Plan. As noted earlier, the “Promenade General” and “Promenade Focus Area” designations permit a wide variety of commercial and institutional uses. The proposed permitted uses fall within the range of permitted uses in the Official Plan. The proposed additional loading bays will be evaluated by staff through a Site Plan Exemption. A restaurant with a drive- through has been shown conceptually on the site plan (see Figure 4), to be developed at a later date. A site plan application will be required at that time, which will be evaluated for conformity to the development policies of the “Promenade Focus Area” designation. Planning Staff are of the opinion that the proposed Zoning By-law Amendment conforms to the land use and development policies of the Official Plan and is compatible with the surrounding land uses. February 7, 2017 Page 8 of 11 Report No. PBS17-004 Zoning By-law 2213-78, as amended Planning staff have evaluated the Zoning By-law amendment in the context of the Official Plan. The proposed uses comply with the policies of the “Promenade General” and “Promenade Focus Area” designations in the Official Plan. The proposed parking rate of 4.5 spaces/100 m2 GFA is consistent with the existing rate for shopping centres and the policies of the Official Plan. As a result, Planning staff are of the opinion that the proposed rezoning is appropriate and consistent with the development standards of the Town and compatible with adjacent and neighbouring development. Department / Agency Comments The proposed application was circulated to internal departments and external agencies for review and comments. In general, all circulated agencies are satisfied with the Zoning By- law Amendment application and have no further comments at this time. Any technical comments related to the revised site plan can be addressed through the Site Plan Exemption application. Public Comments Planning Staff have received comments from the public circulation. At the time of writing this report, residents from the surrounding neighbourhood of the subject site provided written and verbal comments expressing their concerns and questions regarding the proposed planning application, summarized as the following issues: •Hours of operation of businesses; •Noise; •Type of clientele attracted by potential bars, adult entertainment shops, tattoo parlours, and vehicle repair shops; •Litter; •Responsibility for maintenance of the site; •Snow removal and grounds keeping; •Traffic and parking; •Three party agreement between the owners of the three original parcels of the Sterling Drugs property; •Soil contamination; and •Potential for the development of high rise buildings. Response to Public Comments Hours of operation The Official Plan and Zoning By-law do not regulate hours of operation for businesses. February 7, 2017 Page 9 of 11 Report No. PBS17-004 Noise Concerns about noise from a potential outdoor patio were raised as well as from traffic, nighttime deliveries, garbage pickup, and drive-throughs. The future drive-through is proposed near Yonge Street, away from nearby residences. Noise from patios, drive- throughs, deliveries, and garbage pickup is regulated by the Town of Aurora Noise By-law. Type of clientele attracted by potential bars, adult entertainment parlours, tattoo parlours, and vehicle repair shops The policies of the Official Plan prohibit vehicle related uses such as vehicle sales and vehicle repair shops. The owner proposes to remove the vehicle related uses from the existing zoning on the property. The owner has not proposed to permit adult entertainment parlours. A tattoo parlour is considered a personal service shop and would be permitted by the proposed by-law. Litter Litter is regulated by the Town of Aurora Property Standards By-law. Responsibility for maintenance of the site Maintenance of the site is the responsibility of the property owner. Snow removal and grounds keeping The Town of Aurora Property Standards By-law requires the site to be kept in good condition. Snow removal and grounds keeping are the responsibility of the property owner. Traffic and parking The original site plan for Canadian Tire, approved in 1996, was reviewed from the perspective of traffic and parking and subsequently approved. The current application was reviewed by the Town’s traffic analyst, who has no concerns with traffic or the layout of the proposed loading bays. The function of the intersection of Murray Drive and Mosaics Avenue will not be impacted by the subject Zoning By-law Amendment application. Three party agreement between the owners of the three original parcels of the Sterling Drugs property The three party agreement that is registered on title is a private agreement that is not regulated by the Town. A rezoning application or a sale of the land to another owner would have no effect on an agreement registered on title. February 7, 2017 Page 10 of 11 Report No. PBS17-004 Soil contamination A Record of Site Condition is required in development applications where the land is being converted to a more sensitive use. The current application does not propose a more sensitive use. As such a Record of Site Condition is not required. Construction practices are regulated by the building permit process. Any soil removal from the site will be required to follow engineering and construction best practices. Potential for the development of high-rise buildings The “Promenade General” and “Promenade Focus Area” designations in the Official Plan envision the future development of mid-rise building forms placed close to the street while providing appropriate transitions to adjacent neighbourhoods. The owner is not proposing mid-rise or high-rise buildings at this time. Any potential future development application will be evaluated for conformity with Official Plan policies. Advisory Committee Review No Communication Required. Financial Implications There are no financial implications. Communications Considerations On July 14, 2016, a Notice of Complete Application was published in the Aurora Banner and Auroran newspapers. On September 8, 2016, a Notice of Public Planning Meeting was published in both newspapers and given by mail to all addressed property owners within a minimum of 120 metres of the subject lands. A Notice of Public Planning Meeting sign was also posted on the subject lands fronting Yonge Street. Public notification has been provided in accordance with the Planning Act. All interested parties were notified that the Zoning By-law Amendment application would be heard at the February 7, 2017 General Committee Meeting. Link to Strategic Plan Promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business: By rezoning the subject lands to permit additional commercial uses, this will help Develop plans to attract businesses that provide employment opportunities for our residents. February 7, 2017 Page 11 of 11 Report No. PBS17-004 Alternatives to the Recommendation 1. Direct staff to report back to another General Committee Meeting addressing any issues that may be raised at the General Committee Meeting . 2. Refusal of the application with an explanation for the refusal. Conclusions Planning and Building Services have reviewed the proposed Zoning By-law Amendment application in accordance with the provisions of the Provincial and Regional policies, the Town's Official Plan, Zoning By-law and municipal development standards respecting the subject lands. The proposed Zoning By-law Amendment application is considered to be in keeping with the development standards of the Town. Any technical revisions to the proposed plans will be reviewed by Town Staff prior to the passing of the by-law. Staff recommend approval of Zoning By-law Amendment application ZBA-2016-05. Attachments Figure 1 -Location Map Figure 2 -Official Plan Map Figure 3 -Zoning By-Law Figure 4 -Conceptual Site Plan Previous Reports Public Planning Report No. PDS16-070, dated September 28, 2016. Pre-submission Review Agenda Management Team Meeting review on January 5, 2017. Departmental Approval ~~< ~ Marco Ramunno, MCIP, RPP Director Planning and Building Services Approved for Agenda Chief Administrative Officer Yonge StreetWilesCourtMosaics AvenueNisbetDriveM u rrayD riveJ o n e s C ourt D a vis R oadH e n derson Drive Edward StreetMurray Drive Allaura Boulevard D a v i s R o a d Yonge StreetLOCATION MAP Map created by the Town of Aurora Planning and Building Services Department, December 9, 2016. Base data provided by York Region & the Town of Aurora. Air Photos taken Spring 2016, © First Base Solutions Inc., 2016 Orthophotography. ¯ FIGURE 1 St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive^ Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd 0 25 50 75 100 Metres APPLICANT: 14700 Yonge StreetFILES: ZBA-2016-05 SUBJECT LANDS WilesCourtMosaics AvenueNisbetDriveM u rrayD riveJ o n e s C ourt Edward StreetMurray Drive Allaura Bouleva rd D a v i s R o a d HENDERSON DRIVE YONGE STREETOFFICIAL PLAN MAP Map created by the Town of Aurora Planning and Building Services Department, December 9, 2016. Base data provided by York Region & the Town of Aurora. ¯0 25 50 75 100 Metres APPLICANT: 14700 Yonge StreetFILES: ZBA-2016-05FIGURE 2 St John's Sdrd Wellington St E Vandorf SdrdHenderson Drive^ Wellington St W UV404 UV404Leslie StYonge StBathurst StBayview AveBloomington Rd THE AURORA PROMENADE SUBJECT LANDS Schedule A Stable Neighbourhoods Existing Employment - General Industrial The Aurora Promenade Public Parkland Promenade General Promenade Focus Area Schedule B1 Secondary Plan Area Mosaics AvenueNisbetDriveJ o n e s Court Edward Street H e nderson Drive Allaura Boulev ar d Murray Drive D a vi s R o a d Yonge Street(H)C3-5C3-5 O M3C3-7 C4-14 C4-17 R2 R2-1 R3 O R6 O R6 I C4 C4-15 R6-36 C4-16 C4-12R2R6-16 O R6-16 M2 ZONING BY-LAW Map created by the Town of Aurora Planning and Building Services Department, Deember 9, 2016. Base data provided by York Region & the Town of Aurora. ¯0 25 50 75 100 Metres APPLICANT: 14700 YONGE STREETFILES: ZBA-2016-05 FIGURE 3 SUBJECT LANDS General Service M2 M3 INDUSTRIAL ZONES ServiceC3 COMMERCIAL ZONES Institutional INSTITUTIONAL ZONES I Detached DwellingSecond DensityR2 Zoning Legend RESIDENTIAL ZONES Semi-Detached & DuplexDwelling Third DensityR3 Major Open Space OPEN SPACES ZONES O Row DwellingR6 Shopping CentreC4 Map created by the Town of Aurora Planning and Building Services Department, December 9, 2016. Drawing provided by Turner Fleischer Architects Inc. CONCEPTUAL SITE PLANAPPLICANT: 14700 Yonge StreetFILES: ZBA-2016-05FIGURE 4 Town of Aurora General Committee Report No. PBS17-010 Subject: Proposed Amendment to the Sign By-Law to Use Official Languages in Signs Prepared by: Afshin Bazar, Manager of Building Services Department: Planning and Building Services Date: February 7, 2017 Recommendations 1.That Report No. PBS17-010 be received; and 2.That a by-law be enacted to amend By-law Number 5840-16, being a by-law respecting signs within the Town of Aurora, by including a provision that regulates the language of signs. Executive Summary This report is to provide information and respond to Council’s motion with respect to a proposed amendment to By-law Number 5840-16, being a by-law respecting signs within the Town of Aurora (“the Sign By-law”) to include a provision that would require a sign to contain at least 50% of its text in one of the two official languages. •Intent of the motion is to promote Town of Aurora as an inclusive community and a better place to live and to do business. •The current Sign By-law does not contain any specific provision to regulate language on signs. •Most other municipalities do not have any provision in their Sign By-law to regulate language on signs. •Town of Richmond Hill Sign By-law contains a provision that regulates language on signs without experiencing a major challenge; however the provision does not apply to signs such as real estate signs, banner signs, window signs, public information signs and other signs where a sign permit is not required. •Signs in other languages can be registered as a trademark under Canada’s Trade- mark Act. February 7, 2017 Page 2 of 6 Report No. PBS17-010 • There could be potential challenges with respect to Canadian Charter of Rights and Freedoms. • The Aurora Chamber of Commerce is in support of the Council motion with respect to the proposed amendment to the Sign By-law. • Staff believes that the suggested wording for the proposed amendment as outlined in this report will maintain the general intent of the motion while minimizing the impact to the business community and reducing the possibility of legal challenges. • Staff is unaware of any current sign erected in Aurora which would have been in contravention of the proposed amendment. • The proposed amendment will not be implemented retroactively. Background At the Council meeting of September 13, 2016, Council passed a motion that required staff to report back to Council regarding a potential amendment to the Sign By-law to include a requirement that a sign contain at least 50% of its text in one of the two official languages. Analysis Intent of the motion is to promote Town of Aurora as an inclusive community and a better place to live and to do business. As it has been stated in the motion, a sign that incorporates neither English nor French may be seen as being exclusionary and not in the good theme of inclusiveness and community which is the foundation of the Town of Aurora. The current Sign By-law does not contain any specific provision to regulate language on signs. The current By-law regulates size, height, type, illumination, number and location of the proposed signs and the content of signs is only reviewed to ensure compliance with the provisions of the Zoning By-law with respect to the permitted use and compliance with heritage and Aurora promenade design guidelines where applicable. Most other municipalities do not have any provision in their Sign By-law that regulates language on signs. February 7, 2017 Page 3 of 6 Report No. PBS17-010 On September 23, 2016, staff attended a workshop with respect to “Sign Regulation and Planning” with representatives from thirteen different municipalities. As part of the group discussion, staff brought up the idea of introducing provisions that would require all foreign language signs to be translated to one of the official languages. Among all thirteen municipalities, only Town of Richmond Hill has such a provision in their Sign By-law. Almost all representatives including the Manager of Sign By-law Unit from City of Toronto were under the impression that such a provision may conflict with the Canadian Charter of Rights and Freedoms and therefore such a provision should be carefully reviewed and examined by a legal expert. Town of Richmond Hill Sign By-law contains a provision that regulates language on signs without experiencing a major challenge; however this provision does not apply to signs such as real estate signs, banner signs, window signs, directional signs, public information signs and other signs where a sign permit is not required. Staff is of the opinion that including a similar exemption in the proposed amendment would be against the intent of the motion and would defeat the purpose of introducing such an amendment. Furthermore, it must be noted that the number of permanent signs that have been erected in the Town of Richmond Hill which are in contravention of the language provision raise questions about the way this provision has been interpreted and/or the extent to which this provision has been implemented and enforced. Signs in other languages can be registered as a trade-mark under Canada’s Trade- marks Act. Despite the fact that the guide to Trade-marks on the federal government website mentions that “words in other languages” cannot be registered as a trade-mark, Section 29 of Trade-marks Regulations (SOR/96-195) only requires applicants to submit the English or French translation of any foreign language words contained in the proposed trade-mark for the purpose of processing the application. This means that trade-marks in other languages can be registered in Canada if the application meets all other criteria. This matter has been confirmed over the phone with a federal government agent. There is also a note on the same website under “important note” which indicates: “If there are inconsistencies between this guide and the applicable legislation, the legislation must be followed”. Considering the above fact, it deems appropriate to exempt any registered trade-marks, trade-names and logos from the provision of the proposed amendment. Furthermore and in an effort to support small businesses, staff believes that the same benefit should be provided to small business owners who may not necessarily have their business names, logos or symbols registered under the Trade-marks Act. February 7, 2017 Page 4 of 6 Report No. PBS17-010 Needless to say, all other parts of signs, such as descriptors, hours of operation and any other information beneficial to the public will be still subject to translation requirements in the proposed amendment. There may be potential challenges with respect to the Canadian Charter of Rights and Freedoms. Section 2.(b) of the Canadian Charter of Rights and Freedoms (the “Charter”) specifies freedom of expression including “freedom of other media of communication” as one of the fundamental freedoms for all Canadians. Since a sign can be considered a “media of communication”, regulating the content of such media may be considered by some as an infringement of such a fundamental freedom. On the other hand, Section 1 of the Charter only guarantees the above freedom to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Staff believe that the previously mentioned exemptions in the proposed amendment and the fact that the proposed amendment will not prohibit the use of other languages are reasonable limits, and therefore, it is unlikely that the wording of the proposed amendment will be found to be an infringement of an individuals’ right to freedom of expression. The Aurora Chamber of Commerce has issued an official statement in support of Council’s motion. As part of stakeholders’ consultation, staff attended the Aurora Chamber of Commerce board meeting on October 25th, 2016, where board members decided to hold a larger meeting and invite all their members to attend and hear about Council’s motion and ask their questions and share their concerns and comments. The meeting was held on November 24th, 2016 in the Council Chambers and began with Mr. Javed Khan’s brief introduction followed by an overview of the Town’s Sign By-law as presented by Mandie Crawford, Manager of By-law Services. Then Councillor Kim provided the background and explained the intent of the motion. The meeting ended with a Q & A session and open floor discussion. Although there were some concerns with respect to the details of the amendment, the majority of members were in favour of the general intent of the motion. On December 16, 2016, the Aurora Chamber of Commerce issued an official statement in support of Council’s motion (attachment #1). Proposed Amendment: Considering the above-mentioned facts, staff is of the opinion that the following wording will maintain the intent of the motion while minimizing potential negative impact to the business owners and reducing the possibility of legal challenges: February 7, 2017 Page 5 of 6 Report No. PBS17-010 Section 5.16 Language on Signs: Where a sign contains text in any language other than English or French, such a sign shall also include the translation of the text in either English or French which is comparable in size to the original text. The provision of this section shall not apply to: (a) Trade-marks, trade-names or business names; and (b) Logos and symbols Staff is unaware of any current sign erected in Aurora which would have been in contravention of the proposed amendment. A quick survey of commercial signs in Aurora indicates that there appears to be no existing signs in contravention of the proposed amendment. The proposed amendment will not be implemented retroactively. Therefore any non-conforming signs that may legally exist prior to the enactment date will not be affected by the proposed amendment. Advisory Committee Review N/A Financial Implications There are no financial implications. Communications Considerations The amended Sign By-law will be communicated through the Town’s website and notice board once the by-law is passed by Council. A copy of the amended by-law will also be forwarded to the Aurora Chamber of Commerce for distribution to their members. Link to Strategic Plan The proposed Sign By-law amendment will support the Strategic Plan goal of enabling a diverse, creative and resilient economy through its accomplishment in satisfying requirements in the following key objectives of promoting economic opportunities that facilitate the growth of Aurora as a desirable place to do business and supporting small business and encouraging a more sustainable business environment. February 7, 2017 Page 6 of 6 Report No. PBS17-010 Alternatives to the Recommendation 1. Council may choose to maintain the status quo with respect to the Sign By-law. In this case applicants would be allowed to apply and obtain a sign permit for signs that are completely in languages other than English or French. 2. Council provide direction. Conclusions Staff is of the opinion that the proposed amendment to the Sign By-law as suggested will promote the Town as an inclusive community while reducing the impact to business owners. Staff also believes that although there could be potential Charter challenges, it is unlikely that the above wording of the proposed amendment will be found to be an infringement of individuals' right to freedom of expression. Attachments Attachment 1 -Aurora Chamber of Commerce Official Statement Previous Reports N/A Pre-submission Review Agenda Management Team Meeting review on January 19, 2017 Departmental Approval Approved for Agenda ~MCIP Doug Nadorozny Director Chief Administrative Officer Pia ilding Services Techa van Leeuwen Director of Corporate Services Aurora Chamber of Commerce Official Statement Town of Aurora Sign Bylaw Amendment Proposed by Councillor Harold Kim The Aurora Chamber of Commerce is a politically independent, membership based, volunteer driven, not-for-profit organization whose mission is to lead and serve the Aurora business community. Our goal is to build, drive and positively influence Aurora’s economic landscape. A few months ago, Councillor Harold Kim put forward an amendment to the current Sign By-law that, if passed, would require one of Canada’s official languages be included on all business signage within the Town of Aurora. From the onset, Councillor Kim and Town Bylaw Department Staff fully engaged the Aurora Chamber of Commerce and its Board of Directors requesting feedback in an effort to start a conversation outlining our position regarding the amendment. Stemming from the initial meetings we embarked on an information session in partnership with the Town of Aurora and provided an opportunity to obtain comments from the local business community surrounding the proposal by Councillor Kim. First, the Aurora Chamber of Commerce encourages and supports ongoing growth in the local business community. We believe it is necessary for local businesses to continually increase their customer base in order to grow and thrive. Business signage exclusively utilizing a language other than English or French would prevent a significant percentage of Aurora’s population from understanding the goods and services offered. Businesses with foreign-language signage could potentially alienate a substantial client base as a result, subsequently limiting their ability to prosper. Second, As a Chamber of Commerce, we also value fair treatment and equal opportunity for all businesses within the Town of Aurora. Foreign-language business signage that cannot be understood by a significant percentage of the community could prevent that community from having an equal opportunity to take advantage of goods, services, and special offers. Attachment 1 Third, the Aurora Chamber of Commerce values inclusiveness in business and an inclusive community at large. As observed in other York Region communities, businesses using foreign-language only signage can lead to segregation of ethnic enclaves. Such segregation has the potential to isolate minorities and may be interpreted as unwelcoming to the population of English or French-speaking residents. All Canadians, old or new, need a common language to facilitate communication and ensure an inclusive community. A vibrant and flourishing business community requires a shared language to enable communication and understanding across diverse cultures. Finally, the Aurora Chamber of Commerce values the safety of first responders in our community. First responders could experience increased risk upon entering an unknown business, particularly if the business contains hazardous materials posing additional danger in emergency situations such as fire. It is crucial that establishments in our community be recognizable in one of Canada’s official languages to warn first responders of increased potential danger, allowing them to take the necessary precautions before proceeding in emergency situations. The Aurora Chamber of Commerce envisions Aurora as an inclusive community where all types of business can succeed and prosper. Therefore, our official position is to support Councillor Kim’s sign bylaw amendment to include at least 50 percent of one of Canada’s official languages on all business signage within the Town of Aurora. Notice of Motion Councillor Tom Mrakas Date: February 7, 2017 To: Mayor and Members of Council From: Councillor Mrakas Re: Property Tax Vacancy Rebates Whereas the province of Ontario mandates under Section 364 of the Municipal Act, that every local municipality shall have a program to provide property tax rebates in respect to vacant portions of buildings that are in the commercial or industrial classes; and Whereas the 2016 Provincial Budget announced a legislative framework to facilitate increased municipal flexibility with providing municipalities broad flexibility for 2017 and future years to tailor the vacant unit tax rebate to reflect community needs and circumstances; and Whereas this vacant unit tax rebate may encourage some property owners to keep commercial and industrial buildings empty; and Whereas unoccupied retail is not good for the overall health of the municipality; and Whereas boarded-up stores impact on the ability to revitalize main streets; and Whereas the repeal of the vacant unit tax rebate will contribute to the healthy development of the downtown core; and Whereas the repeal of the vacant unit tax rebate would support the varied efforts of the Town in bringing renewal to our downtown Promenade and makes financial sense for the Town; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora seek to repeal the vacant unit tax rebate effective for the tax year 2017; and 2. Be It Further Resolved That a copy of this resolution be sent to the Honourable Charles Sousa, Minister of Finance, to request the necessary regulatory authority using the flexibility provided in the legislative framework to repeal the vacancy tax rebate. General Committee Meeting Agenda Tuesday, February 7, 2017 Notice of Motion (a) Page 1 of 1 Public Release February 3, 2017 Town of Aurora Additional Items to General Committee Meeting Agenda Tuesday, February 7, 2017 7 p.m. Council Chambers •Revised General Committee Meeting Agenda Index •Delegation (b) Vicky McGrath, Aurora Chamber of Commerce Re: Item R1 – CAO17-001 – Economic Development Board – Terms of Reference Public Release February 3, 2017 Town of Aurora General Committee Meeting Agenda (Revised) Tuesday, February 7, 2017 7 p.m., Council Chambers Councillor Thom in the Chair 1. Approval of the Agenda Recommended: That the agenda as circulated by Legislative Services be approved. 2. Declarations of Pecuniary Interest and General Nature Thereof 3. Presentations 4. Delegations (a) Javed Khan, Aurora Chamber of Commerce Re: Item R7 – PBS17-010 – Proposed Amendment to the Sign By-law to Use Official Languages in Signs (b) Vicky McGrath, Aurora Chamber of Commerce Re: Item R1 – CAO17-001 – Economic Development Board – Terms of Reference (Added Item) General Committee Meeting Agenda (Revised) Tuesday, February 7, 2017 Page 2 of 4 5. Consent Agenda Items listed under the Consent Agenda are considered routine or no longer require further discussion, and are enacted in one motion. The exception to this rule is that a Member may request for one or more items to be removed from the Consent Agenda for separate discussion and action. 6. Consideration of Items Requiring Discussion (Regular Agenda) R1. CAO17-001 – Economic Development Board – Terms of Reference Recommended: 1. That Report No. CAO17-001 be received; and 2. That the attached Economic Development Board – Terms of Reference be endorsed and staff be directed to proceed with the creation of the Aurora Economic Development Board. R2. FS17-001 – Fire Station 4-5 Project Funding – Aurora Share Recommended: 1. That Report No. FS17-001 be received; and 2. That the design phase and construction phase of the Fire Station 4-5 capital project #21006 be funded as set out in Report No. FS17-001; and 3. That a budget of $520,000 be approved and funded for the location and design phases of the project as set out in Report No. FS17-001. R3. IES17-004 – Approval of Capital Project No. 24006 (Replacement of By- law Services vehicle No. 403) Recommended: 1. That Report No. IES17-004 be received; and 2. That this report satisfy Council’s conditional approval of Capital Project No. 24006; and General Committee Meeting Agenda (Revised) Tuesday, February 7, 2017 Page 3 of 4 3. That staff be authorized to proceed with Capital Project No. 24006, “Replacement of By-law Services vehicle No. 403”. R4. IES17-005 – Purchase Order Increase for Roads Salt Recommended: 1. That Report No. IES17-005 be received; and 2. That Purchase Order No. 78 be extended to Compass Mineral Canada Corp. for the final optional year for the York Co-Op for untreated highway coarse rock salt supply; and 3. That Purchase Order No. 78 to Compass Minerals Canada Corp. be increased by $200,000 from the amount of $355,806 to $555,806, excluding taxes, for the two-year contract term of 2016 and 2017; and 4. That Purchase Order No. 752 to Compass Minerals Canada Corp. be increased by $40,000 from the amount of $260,000 to $300,000, excluding taxes, for the contract term of 2016 for Thawrox. R5. PBS17-002 – Application for Zoning By-law Amendment Worthman & Cwenar 19-21 Machell Avenue Lot 5, Registered Plan No. 36 File Number: ZBA-2016-11 Recommended: 1. That Report No. PBS17-002 be received; and 2. That Application to Amend the Zoning By-law File No. ZA-2016-11, Worthman & Cwenar to rezone the subject lands from “Central Commercial (C2) Zone” to “Special Mixed Density Residential (R5-X) Exception Zone be approved; and 3. That the implementing Zoning By-law Amendment be presented at a future Council meeting for enactment. General Committee Meeting Agenda (Revised) Tuesday, February 7, 2017 Page 4 of 4 R6. PBS17-004 – Application for Zoning By-law Amendment Canadian Tire Real Estate Limited 14700 Yonge Street Part of Lots 76 and 77, Concession 1 File Number: ZBA-2016-05 Recommended: 1. That Report No. PBS17-004 be received; and 2. That the Application to Amend the Zoning By-law File Number ZBA-2016- 05 (Canadian Tire Real Estate Limited), to amend the site specific C4-15 zoning provisions to allow additional commercial uses be approved; and 3. That the implementing Zoning By-law Amendment be presented at a future Council Meeting. R7. PBS17-010 – Proposed Amendment to the Sign By-law to Use Official Languages in Signs Recommended: 1. That Report No. PBS17-010 be received; and 2. That a by-law be enacted to amend By-law Number 5840-16, being a by- law respecting signs within the Town of Aurora, by including a provision that regulates the language of signs. 7. Notices of Motion (a) Councillor Mrakas Re: Property Tax Vacancy Rebates 8. New Business 9. Closed Session 10. Adjournment Delegation Request 7KLV'HOHJDWLRQ5HTXHVWIRUPDQGDQ\ZULWWHQVXEPLVVLRQVRUEDFNJURXQGLQIRUPDWLRQ IRUFRQVLGHUDWLRQE\HLWKHU&RXQFLORU&RPPLWWHHVRI&RXQFLOPXVWEHVXEPLWWHGWRWKH &OHUN¶VRIILFHE\WKHIROORZLQJGHDGOLQH 4:30 p.m. Two (2) Days Prior to the Requested Meeting Date Council/Committee/Advisory Committee Meeting Date: Subject: Name of Spokesperson: Name of Group or Person(s) being Represented (if applicable): Brief Summary of Issue or Purpose of Delegation: Please complete the following: +DYH\RXEHHQLQFRQWDFWZLWKD7RZQVWDIIRU &RXQFLOPHPEHUUHJDUGLQJ\RXUPDWWHURILQWHUHVW"<HV ܆܆1R ܆ ,I\HVZLWKZKRP" 'DWH ܆,DFNQRZOHGJHWKDWWKH3URFHGXUH%\ODZSHUPLWVILYHPLQXWHVIRU'HOHJDWLRQV /HJLVODWLYH6HUYLFHV &OHUNV#DXURUDFD 7RZQRI$XURUD -RKQ:HVW:D\%R[ $XURUD21/*- Additional Items to General Committee Meeting Agenda Tuesday, February 7, 2017 Delegation (b) Page 1 of 1 Tuesday, February 7, 2017 Vicky McGrath Aurora Chamber of Commerce As Chair of the Advocacy Committee of the Aurora Chamber of Commerce, I would like the opportunity to present our thoughts regarding the new Economic Development Board and our participation. Thank you. ✔ Doug Nadorozy January 19, 2017