Loading...
AGENDA - General Committee - 20201201Town of Aurora General Committee Meeting Revised Agenda Date:Tuesday, December 1, 2020 Time:7 p.m. Location:Video Conference Pages 1.Procedural Notes This meeting will be held electronically as per Section 19. i) of the Town's Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation. Mayor Mrakas in the Chair. Added items are marked with an asterisk(*). 2.Approval of the Agenda 3.Declarations of Pecuniary Interest and General Nature Thereof 4.Community Presentations 5.Delegations Note: Anyone wishing to provide comment on an agenda item is encouraged to visit www.aurora.ca/participation for guidelines on electronic delegation. *5.1.Mercedes Custodio and Mo Ghoneim, Arts Help; Re: Library Square Project: Art Project 1 *5.2.Lenard Lind, Applicant; Re: Item 8.3 - OPS20-018 - Tree Removal Permit Application - 17 Church Street 8 6.Consent Agenda 6.1.FIN20-028 - Q3 2020 Sole and Single Source Report 9 (Information Report dated November 17, 2020, included on agenda per Member of Council request) That Report No. FIN20-028 be received for information.1. 7.Advisory Committee Meeting Minutes 7.1.Heritage Advisory Committee Meeting Minutes of November 2, 2020 15 That the Heritage Advisory Committee meeting minutes of November 2, 2020, be received for information. 1. 7.2.Accessibility Advisory Committee Meeting Minutes of November 11, 2020 23 That the Accessibility Advisory Committee meeting minutes of November 11, 2020, be received for information. 1. *7.3.Community Advisory Committee Meeting Minutes of November 19, 2020 28 That the Community Advisory Committee meeting minutes of November 19, 2020, be received for information. 1. *7.4.Finance Advisory Committee Meeting Minutes of November 26, 2020 32 That the Finance Advisory Committee meeting minutes of November 26, 2020, be received for information. 1. 8.Consideration of Items Requiring Discussion (Regular Agenda) 8.1.PDS20-075 - Heritage Permit Application, 23 Mark Street, HPA-2020-02 37 That Report No. PDS20-075 be received; and1. That Heritage Permit Application File: HPA-2020-02 to permit the replacement of twenty-seven windows on the existing dwelling at 23 Mark Street be approved. 2. 8.2.PDS20-076 - Heritage Permit Application, Elmwood Lodge: The Reuben J. Kennedy House, 15032 Yonge Street, File Number: HPA-2019-07 52 That Report No. PDS20-076 be received; and1. That Heritage Permit Application File: HPA-2019-07 to permit the removal of twelve louvered window shutters on the Reuben J. Kennedy House at 15032 Yonge Street be refused. 2. 8.3.OPS20-018 - Tree Removal Permit Application - 17 Church Street 64 That Report No. OPS20-018 be received; and1. That the Tree Removal Permit Application for 17 Church Street be approved in accordance with the Heritage Advisory Committee (HAC) review. 2. 79 8.4.CS20-025 - Modernized Fence By-law That Report No. CS20-025 be received; and1. That a new Fence By-law be brought forth and enacted at a future Council meeting to repeal and replace the current Fence By-law No. 4753.05.P; and 2. That an amendment to the Fees and Charges By-law be brought forward to a future Council meeting to implement fees associated with a fence variance process; and 3. That an amendment to the Aurora Appeal Tribunal By-law be brought forward to a future Council meeting for enactment. 4. 8.5.CS20-026 - Pending List Update 113 That Report No. CS20-026 be received; and1. That items marked “Completed” be removed from the Pending List. 2. 8.6.FIN20-029 - Annual Cancellation, Reduction or Refund of Property Taxes under Sections 357 and 358 of the Municipal Act 129 That Report No. FS20-029 be received; and1. That total property taxes in the amount of $4,072.20 due from the property owners be adjusted pursuant to Section 357 of the Municipal Act, 2001, as amended (the Act); and 2. That total property taxes in the amount of $10,923.45 due to the property owners be adjusted pursuant to Section 358 of the Act; and 3. That any associated interest charged applicable to these adjustments be cancelled in proportion to the total property taxes adjusted; and 4. That the Director of Finance, Treasurer be directed to remove said property taxes from the collector’s roll reflecting these property tax adjustments; and 5. That the Director of Finance, Treasurer be delegated the authority, to process and remove property taxes from the collector’s roll reflecting property tax adjustments throughout the calendar year, as set out in sections 357 and 358 of the Municipal Act, and with an information report presented to Council at the end of each calendar year. 6. 8.7.PDS20-071 - Application for Draft Plan of Subdivision, 15370 Leslie (Skale) Inc., 15370 Leslie Street, Part Lot 2, Concession 2, File Number: SUB-2019-02, Related File Numbers: ZBA-2017-02 and SP-2017-02 137 That Report No. PDS20-071 be received; and1. That the Draft Plan of Subdivision file No. SUB-2019-02 to create one block on a plan of subdivision to facilitate the future development of four common elements condominium townhouse blocks be approved, subject to the conditions of approval attached hereto as Schedule ‘A’. 2. 9.Notices of Motion 10.New Business 11.Public Service Announcements 12.Closed Session There are no Closed Session items for this meeting. 13.Adjournment 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Delegation Request Legislative Services This Delegation Request form and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to Legislative Services. Council or 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: Have you been in contact with a Town staff or Council member regarding your matter of interest? Yes տտ No տտ If yes, with whom? Date: տ I acknowledge that the Procedure By-law permits five (5) minutes for Delegations. December 1st 2020 Library Square Project: Art Project Arts Help Mercedes Custodio, Sophie Brussaux, Mo Ghoneim, Adiam Gafoo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ayor Tom Mrakas Councillors; Harold Kim, Wendy Gaertner, Sandra Humfryes, Michael Thompson, Rachel Gilliland, John Gallo October 14th ,2020 November 19th, 2020 ✔ Page 1 of 174 TOWN OFAURORAPage 2 of 174 Library SquareProject Page 3 of 174 KEYOBJECTIVESPage 4 of 174 NATIONALALIGNMENTPOSITIONING AURORA AS A RESOURCEFULAND INNOVATIVE TOWN THROUGH ART! "The Sustainable Development Goals are asmeaningful in Canada as they are everywhereelse in the world" - Prime Minister TrudeauCanada has long been applauded globally: itenjoys a reputation as the most admiredcountry in the world based on environmental,political, and economic factors; and it is thesecond-best country overall, according to theWorld Economic ForumPage 5 of 174 Arts Help will develop an interactive Art platform for the Town of Auroraby creating a truly digital network consisting of:1) Indoor interactive digital screens The indoor digital screens will allow seamless content curation forvarious exhibits all year round.Click to watch example: https://youtu.be/cMqecy1hjxY2) A local and grassroots online community (social media) Arts Help will create a hyper-local art community on social media forAurora residents and offer them engagement opportunities in thecuration process such as voting for exhibitions, polls, and artistsubmissions through a digital media portal.INTERACTIVEDIGITAL NETWORKPage 6 of 174 Thank you!Page 7 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Delegation Request Legislative Services This Delegation Request form and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to Legislative Services. Council or Committee Meeting Date: Subject: Name of Spokesperson and Name of Group or Person(s) being Represented (if applicable): Brief Summary of Issue or Purpose of Delegation: Have you been in contact with a Town staff or Council member regarding your matter of interest?Yes տտ No տտ If yes, with whom? Date: տ I acknowledge that the Procedure By-law permits five (5) minutes for Delegations. I wish to submit my delegation by (select one): տ Video/audio* տ Phone*܈ In Writing տ In Person** *Must attend electronic meeting.Please click here for more information. **Subject to meeting format and submission of Screening Registration Form December 1, 2020 General Committee Meeting Lenard Lind Remove four trees & replace with four spade trees. The Mayor ✔ ✔ ✔ Page 8 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Information Report No. FIN20 -028 _______________________________________________________________________________________ Subject: Q3 2020 Sole and Single Source Report Prepared by: Anna Ruberto, Procurement Manager Department: Finance Date: November 17, 2020 _______________________________________________________________________________________ In accordance with the Procedure By-law, any Member of Council may request that this Information Report be placed on an upcoming General Committee or Council meeting agenda for discussion. Executive Summary This report presents a list of sole and single source contracts as required under the Town’s Procurement Bylaw including:  Sole and Single Source contracts valued at $10,000 to $100,000 awarded and executed in Q3 of 2020 Background A Sole Source Purchase may be utilized for the Procurement of Goods, Services, or Construction when there is only one source that is able to meet the requirements of the Procurement, which may be due to their unique ability or skill, possession of proprietary technology, copyright, patent or other intellectual property. A Single Source Purchase is a method of procurement used after soliciting and negotiation with only one contractor when there is more than one potential source available for such procurement. Provision 13.6 (a) provides for circumstances in which such a procurement is permissible, such as in situations where a certain vendor needs to be retained for reasons of standardization or compatibility with existing products, where a purchase is made pursuant to a co-operative bid put out by another government agency or where a contract is required due to a contract termination or expiry, for a short interim period to meet immediate recurring business requirements. Page 9 of 174 November 17, 2020 2 of 6 Report No. FIN20-028 All sole / single source contract awards over $50,000 require approval and execution by the CAO. Awards of sole / single source contracts over $100,000 require Council approval and execution by the Mayor and Town Clerk. Pursuant to provisions 13.5 and 13.6 of the by-law, the Procurement Manager shall prepare a quarterly report of all sole source and single source purchases not requiring Council approval, excluding Low Value Procurements (i.e. less than $10,000). Analysis Sole and Single Source contracts valued at $10,000 to $100,000 awarded and executed in Q3 of 2020 Within Q3 2020, there were eight (8) awards made for a total award amount of $214,229.50 (excluding HST). There was one (1) sole source awards for a total amount of $37,668.00 (excluding HST). Additionally, there were seven (7) single source awards for a total amount of $176,561.50 (excluding HST), with three (3) for Operational Services, two (2) for Parks Division and one (1) for Roads Division; two (2) for Corporate Services including one (1) for IT Division and one (1) each for Community Services and Finance (Financial Reporting and Revenue Division). Table 1 Q3 2020 Sole and Single Source Contracts Awarded PROCUREMENT BYLAW REFERENCE DEPART- MENT & DIVISON SUPPLIER NAME DESCRIPTION AMOUNT (EXCL. HST) Sole Source: Only one source able to meet the requirements which is due to their unique ability or skill, possession of proprietary technology, copyright, patent or other intellectual property Operations Roads CLASSIC DISPLAYS Winter snowflake design decorations for light poles on Yonge Street. Vendor is the only vendor to be able to provide this specific snowflake design in their displays. $37,668.00 Page 10 of 174 November 17, 2020 3 of 6 Report No. FIN20-028 Table 2 Q3 2020 Single Source Contracts Awarded PROCUREMENT BY-LAW REFERENCE DEPART- MENT & DIVISION SUPPLIER NAME DESCRIPTION AMOUNT (EXCL. HST) Single: (i) for reasons of standardization, warranty, function or service, such as technical qualifications Corporate Services: IT PERRY GROUP CONSULTING LTD. Services related to the implementation of the initiatives and projects identified in the IT Strategic Plan. The Perry Group was the consulting firm awarded 2018- 30-CS-IT to develop the IT Strategic Plan. They are familiar with our environment and will aid in the establishment of IT Governance, defining IT Corporate Standards, the revision of IT policy and the development of an IT risk register. $43,890.00 Corporate Services AT FOCUS INC. Provide consulting services for the development of the Town's customer experience plan. The firm was instrumental to the successful implementation of the previous Customer Experience Strategy. This engagement included working directly with key staff and managers, developing policy and procedures and gaining insights into the unique culture and nuances regarding the Town of Aurora's service delivery. $43,362.00 Community Services TOTAL TRANSPORTATIO N SOLUTIONS Storage of large artifacts for the Museum. Total Transportation Solutions was selected as the preferred vendor as part of the move facilitated by Colliers as part of the LSP. To avoid incurring $33,952.50 Page 11 of 174 November 17, 2020 4 of 6 Report No. FIN20-028 PROCUREMENT BY-LAW REFERENCE DEPART- MENT & DIVISION SUPPLIER NAME DESCRIPTION AMOUNT (EXCL. HST) additional costs to move the collection to a different storage provider, it was requested to continue storage with Total Transportation Solutions. Operations: Roads BEARCOM CANADA CORP. Supply and installation of portable radios and system upgrades. Bearcom was retained to maintain standardization and consistency for portable radios for the fleet vehicles. $14,912.00 Single Source: (ii) where compatibility with an existing product, equipment, facility or services is a paramount consideration Operations: Parks MAGLIN SITE FURNITURE INC. For supply and delivery of garbage receptacles with dome lid attachments along the new 2C pathway to Stewart Burnett Park. Operations needs to maintain the design aesthetic for reasons of compatibility with the existing furniture, and it is integral to utilize Maglin for supply this specific product. $15,445.00 Single Source: (iii) where a Good is Purchased for testing or trial use, or for resale Finance: Financial Reporting and Revenue BRINKS CANADA LTD. Armored car Services (cheque and cash transfer services), during the interim period until the YPC Co-operative award is issued. $15,000.00 Operations: Parks ALLAN FYFE EQUIPMENT LTD. Provision of forestry rental equipment on an as-needed basis until there is a competitive procurement conducted. $10,000.00 Page 12 of 174 November 17, 2020 5 of 6 Report No. FIN20-028 Advisory Committee Review None Legal Considerations Pursuant to provisions 13.5 and 13.6 of the bylaw, the Procurement Manager shall prepare a quarterly report of all sole source and single source purchases not requiring Council approval, excluding Low Value Procurements (i.e. less than $10,000). This report satisfies these provisions. Financial Implications The above list of awarded sole and single source contracts represent a financial obligation to the Town of $214,229.50. Communications Considerations None Link to Strategic Plan Regular reporting to Council on the Town’s awarded sole and single source contracts contributes to achieving the Strategic Plan guiding principle of “Leadership in Corporate Management” and improves transparency and accountability to the community. Alternative(s) to the Recommendation None Conclusions The bylaw requirements to provide a quarterly report for all Sole and Single Source procurements, not requiring Council approval, has been fulfilled. Attachments None Page 13 of 174 November 17, 2020 6 of 6 Report No. FIN20-028 Previous Reports None Pre-submission Review Agenda Management Team review on October 29, 2020 Approvals Approved by Rachel Wainwright-van Kessel, CPA, CMA Director, Finance/Treasurer, Finance Approved by Doug Nadorozny, Chief Administrative Officer Page 14 of 174 1 Town of Aurora Heritage Advisory Committee Meeting Minutes Date: Time: Location: Monday, November 2, 2020 7:00 p.m. Video Conference Committee Members: Jeff Lanthier (Chair) Neil Asselin John Green Matthew Kinsella Bob McRoberts Hoda Soliman (Vice Chair) Councillor Sandra Humfryes Other Attendees: Carlson Tsang, Planner Linda Bottos, Council/Committee Coordinator 1. Procedural Notes This meeting was held electronically as per Section 19. i) of the Town's Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation. The Chair called the meeting to order at 7:03 p.m. 2. Approval of the Agenda Moved by John Green Seconded by Hoda Soliman That the revised agenda as circulated by Legislative Services, including the following added items, be approved:  Delegation 5.2 - Lenard Lind, Owner; Re: Item 6.2 - Memorandum from Manager, Parks and Fleet; Re: Tree Removal Permit Application - 17 Church Street Page 15 of 174 2  Delegation 5.3 - Rebecca Beaton, Resident; Re: Item 7.2 - Memorandum from Planner/Heritage Planning; Re: Maintenance of the Aurora GO Station Building  Item 6.6 - Verbal Update from Planner/Heritage Planning; Re: Appointment to Steering Committee for Comprehensive Review of Town's Heritage Register Carried 3. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 4. Receipt of the Minutes 4.1 Heritage Advisory Committee Meeting Minutes of September 14, 2020 Moved by John Green Seconded by Councillor Humfryes That the Heritage Advisory Committee meeting minutes of September 14, 2020, be received for information. Carried 5. Delegations Moved by Bob McRoberts Seconded by John Green That each delegation be allowed to speak at their respective item prior to consideration of the item. Carried 5.1 Jesse Micak and Sarah Micak, Residents; Re: Item 6.1 - HAC20-011 - Heritage Permit Application for 23 Mark Street Mr. Micak and Ms. Micak addressed the Committee in support of their application to replace twenty-seven windows on their home with respect for the heritage character of the property and neighbourhood. Moved by John Green Seconded by Councillor Humfryes Page 16 of 174 3 That the comments of the delegation be received and referred to Item 6.1. Carried 5.2 Lenard Lind, Owner; Re: Item 6.2 - Memorandum from Manager, Parks and Fleet; Re: Tree Removal Permit Application - 17 Church Street Mr. Lind addressed the Committee in support of his application to remove four trees from his property as part of a landscape redesign and noted the replanting proposal to replace the trees. Moved by John Green Seconded by Councillor Humfryes That the comments of the delegation be received and referred to Item 6.2. Carried 5.3 Rebecca Beaton, Resident; Re: Item 7.2 - Memorandum from Planner/Heritage Planning; Re: Maintenance of the Aurora GO Station Building Ms. Beaton provided an update on her research and communications with Metrolinx regarding maintenance of the Aurora GO station building, noting there is no provincial or federal legislation in place to maintain these buildings, and indicated that she would forward information to staff to be shared with the Committee. Moved by John Green Seconded by Councillor Humfryes That the comments of the delegation be received and referred to Item 7.2. Carried 6. Matters for Consideration 6.1 HAC20-011 - Heritage Permit Application for 23 Mark Street Staff provided a brief overview of the heritage permit application and proposal to install twenty new double-hung windows and seven new casement windows on the existing dwelling. The Committee expressed support for staff's recommendation to approve the application. Page 17 of 174 4 Moved by Neil Asselin Seconded by Matthew Kinsella 1. That Report No. HAC20-011 be received; and 2. That the Heritage Advisory Committee comments regarding Heritage Permit Application File: HPA-2020-02 be received and referred to staff for consideration and action as appropriate. Carried 6.2 Memorandum from Manager, Parks and Fleet; Re: Tree Removal Permit Application - 17 Church Street The Committee expressed support for the proposal as well as concerns regarding the potential loss of mature trees from the neighbourhood canopy. The Committee inquired about the Town's tree by-law protection of new trees on a heritage-designated property and staff provided clarification. The Committee recommended that the Locust (#1) and Silver Maple (#4) trees remain and that the two Norway Maple (#2 and #3) trees be replaced with two indigenous, mature trees of substantial size. Moved by Bob McRoberts Seconded by Matthew Kinsella 1. That the memorandum regarding Tree Removal Permit Application – 17 Church Street be received; and 2. That the Heritage Advisory Committee comments regarding the proposed Tree Removal Permit Application for 17 Church Street be received and referred to staff for consideration and action as appropriate. Carried 6.3 HAC20-012 - Potential Conversion of the Petch House Staff gave an overview of the report, background and options for the potential conversion of the Petch Log House into a wedding chapel. The Committee expressed questions and concerns regarding parking capacity, occupant load, fire safety compliance, washroom facilities, accessibility, HVAC type and potential noise issues, electrical facilities, seasonal requirements, interior furnishings, cost estimates and revenue, heritage Page 18 of 174 5 reserve fund spending, method of upgrade installation and project oversight, and the potential impact of any installation on the heritage attributes of the building. The Committee further questioned the justification for an additional wedding venue and suggested there may be other uses to consider such as a welcome centre for school classes visiting the Arboretum. Staff provided clarification and agreed to obtain more detailed information on the potential conversion, associated costs and other raised issues, and report back to the Committee. Motion to refer Moved by Councillor Humfryes Seconded by Hoda Soliman That Report No. HAC20-012 - Potential Conversion of the Petch House be referred back to staff for more detailed information to address the questions and concerns of the Heritage Advisory Committee. Carried 6.4 HAC20-013 - Heritage Permit Application for 15032 Yonge Street Staff provided a brief overview of the report and background to the application to remove twelve louvered window shutters. The Committee commented on options for repair and/or replacement of the shutters and suggested that the shutters should be removed, documented and stored, possibly by the Town, to prevent further deterioration until such time that any repairs can be done. Staff agreed to discuss the Committee's suggestions with the applicant and report back on the outcome. The Committee expressed support for staff's recommendation to deny the application, thereby terminating the process, to allow the applicant to engage a heritage restoration consultant to complete a damage assessment report and explore repair/replacement options without any time restrictions. Moved by Neil Asselin Seconded by Bob McRoberts 1. That Report No. HAC20-013 be received; and 2. That the Heritage Advisory Committee comments regarding Heritage Permit Application File: HPA-2019-07 for the removal of twelve louvered window shutters on the Reuben J. Kennedy House at 15032 Page 19 of 174 6 Yonge Street be received and referred to staff for consideration and action as appropriate. Carried 6.5 HAC20-014 - Request to Remove a Property from the Aurora Register of Properties of Cultural Heritage Value or Interest, 93 Tyler Street Staff gave a brief overview of the report and the Committee expressed support for staff's recommendation to approve the removal of the subject property from the Aurora Register of Properties of Cultural Heritage Value or Interest. Moved by Bob McRoberts Seconded by Matthew Kinsella 1. That Report No. HAC20-014 be received; and 2. That the Heritage Advisory Committee comments regarding the delisting of 93 Tyler Street be received and referred to staff for consideration and action as appropriate. Carried 6.6 Verbal Update from Planner/Heritage Planning; Re: Appointment to Steering Committee for Comprehensive Review of Town's Heritage Register Staff provided a verbal update on the plan to form a Steering Committee to provide direction in the comprehensive review of the Town's Heritage Register, which is to include at least three members of the Heritage Advisory Committee and two members of Council per the Terms of Reference endorsed by Council. Staff noted that the Steering Committee's kick-off meeting would be held in early December and the role of the members would be further defined. Three Committee members expressed interest in being involved, and Councillor Humfryes also expressed interest in representing Council on the Steering Committee. Moved by John Green Seconded by Bob McRoberts 1. That the verbal update regarding the appointment of the members of the Steering Committee for the comprehensive review of the Town’s Heritage Register be received; and Page 20 of 174 7 2. That the Heritage Advisory Committee appoint members Bob McRoberts, Hoda Soliman, and Neil Asselin to the Steering Committee for the comprehensive review of the Town’s Heritage Register. Carried 7. Informational Items The Committee consented to consider item 7.2 following consideration of item 6.3. 7.1 Memorandum from Planner; Re: Building Permit Application for 103 Edward Street Staff provided a brief overview of the memorandum and background to the building permit application proposing the construction of a one-storey, single detached dwelling. Moved by Neil Asselin Seconded by Matthew Kinsella 1. That the memorandum regarding Building Permit Application for 103 Edward Street be received for information. Carried 7.2 Memorandum from Planner/Heritage Planning; Re: Maintenance of the Aurora GO Station Building Staff gave a brief overview of the memorandum and background, noting that the Town has no jurisdiction over provincial heritage properties, Metrolinx has been made aware of the building's status, and the Committee would be updated as further information becomes available. Moved by Bob McRoberts Seconded by Neil Asselin 1. That the memorandum regarding Maintenance of the Aurora GO Station Building be received for information. Carried 8. Adjournment Page 21 of 174 8 Moved by Councillor Humfryes Seconded by Bob McRoberts That the meeting be adjourned at 9:05 p.m. Carried Page 22 of 174 1 Town of Aurora Accessibility Advisory Committee Meeting Minutes Date: Time: Location: Wednesday, November 11, 2020 7:00 p.m. Video Conference Committee Members: John Lenchak (Chair) Hailey Reiss (Vice Chair) Matthew Abas Max Le Moine Rachelle Stinson Members Absent: Jo-anne Spitzer Councillor Rachel Gilliland Other Attendees: Mayor Tom Mrakas (ex-officio) Mat Zawada, Accessibility Advisor Ishita Soneji, Council/Committee Coordinator _____________________________________________________________________ 1. Procedural Notes This meeting was held electronically as per Section 19. i) of the Town's Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation. The Chair called the meeting to order at 7:04 p.m. 2. Approval of the Agenda Moved by Matthew Abas Seconded by Hailey Reiss That the agenda as circulated by Legislative Services be approved. Carried Page 23 of 174 2 3. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 4. Receipt of the Minutes 4.1 Accessibility Advisory Committee Meeting Minutes of October 14, 2020 Moved by Matthew Abas Seconded by Hailey Reiss That the Accessibility Advisory Committee Meeting Minutes of October 14, 2020, be received for information. Carried 5. Delegations None 6. Matters for Consideration 6.1 Accessibility Advisory Committee (AAC) Input and Comments for Site Plan Application SP(EX)-2020-27 (Submission #1) Staff provided an overview of the comments submitted to the Planner by the Accessibility Advisor on behalf of the Committee and provided details of the application. The Committee reviewed the site plan, supported the submitted comments, and had no further comments. Moved by Matthew Abas Seconded by Hailey Reiss 1. That the memorandum regarding Accessibility Advisory Committee (AAC) input and comments for site plan application SP(EX)-2020-27 (Submission #1) be received; and 2. That the Accessibility Advisory Committee comments regarding the site plan application be received and referred to staff for consideration. Carried Page 24 of 174 3 6.2 Accessibility Advisory Committee (AAC) Input and Comments for Site Plan Application SP-2020-10 (Submission #1) Staff provided an overview of the application and reviewed the comments provided to the Planner by the Accessibility Advisor on behalf of the Committee. The Committee reviewed the site plan, supported the submitted comments, and had no further comments. Moved by Hailey Reiss Seconded by Rachelle Stinson 1. That the memorandum regarding Accessibility Advisory Committee (AAC) input and comments for site plan application SP -2020-10 (Submission #1) be received; and 2. That the Accessibility Advisory Committee comments regarding the site plan application be received and referred to staff for consideration. Carried 6.3 Accessibility Advisory Committee (AAC) Input and Comments for Site Plan Application SPM-2020-03 (Submission #2) Staff provided an overview of the application noting the applicant's response to previous comments, and mentioned that no further comments were provided to the Planner by the Accessibility Advisor on behalf of the Committee regarding this submission. The Committee reviewed the site plan and inquired about the proposed elevations, and staff agreed to follow up. The Committee supported the submitted comments and had no further comments. Moved by Matthew Abas Seconded by Max Le Moine 1. That the memorandum regarding Accessibility Advisory Committee (AAC) input and comments for site plan application SPM-2020-03 (Submission #2) be received; and 2. That the Accessibility Advisory Committee comments regarding site plan application be received and referred to staff for consideration and action as appropriate. Carried Page 25 of 174 4 6.4 Round Table Discussion; Re: Town of Aurora Accessibility Plan 2018 to 2024 Staff provided status update on various capital and operating projects including: completion of audible pedestrian signal project on Engelhard Drive noting that additional signals on Kennedy and Yonge Street and Henderson Avenue and Yonge Street are scheduled for 2021; completion of procurement process for the facility accessibility design standards project and next steps; installation of two electronic adult change tables at the Aurora Family Leisure Complex (AFLC) and the Stronach Aurora Recreation Complex; and the installation of door operators in the male and female changerooms at the AFLC. Staff further provided an update on the efforts to resolve accessibility issues on the Town's website in accordance with the Web Content Technical requirements, and noted that technical training for staff to ensure content published on the website is accessible is forthcoming. Staff advised that physical facility tours of Town facilities is ongoing and that virtual tour of two facilities will be made available every month for Committee's input and comment. The Committee inquired about the status of the evacuation chairs for Town facility stairways, and staff provided a response noting that purchase for one evacuation chair is underway and that the product will be reviewed for inclusion as an emergency asset for facilities. Moved by Hailey Reiss Seconded by Rachelle Stinson 1. That the Accessibility Advisory Committee comments rega rding the Town of Aurora Accessibility Plan 2018 to 2024 be received and referred to staff for consideration and action as appropriate. Carried 7. Informational Items None 8. Adjournment Moved by Hailey Reiss Seconded by Rachelle Stinson Page 26 of 174 5 That the meeting be adjourned at 7:51 p.m. Carried Page 27 of 174 1 Town of Aurora Community Advisory Committee Meeting Minutes Date: Time: Location: Thursday, November 19, 2020 7:00 p.m. Video Conference Committee Members: Councillor Rachel Gilliland Councillor Harold Kim Balpreet Grewal (Chair) Barry Bridgeford Denis Heng Janet Mitchell (Vice-Chair) Sera Weiss Laura Thanasse Members Absent: Chris Gordon Jennifer Sault Other Attendees: Samantha Yew, Deputy Town Clerk Techa Van Leeuwen, Director of Corporate Services Michael Bat, Transportation Analyst Natalie Kehle, Analyst, Energy and Climate Change Anca Mihail, Manager, Engineering Lisa Warth, Manager, Recreation _____________________________________________________________________ 1. Procedural Notes This meeting was held electronically as per Section 19. i) of the Town's Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation. The Chair called the meeting to order at 7 p.m. 2. Approval of the Agenda Page 28 of 174 2 Moved by Sera Weiss Seconded by Laura Thanasse That the agenda as circulated by Legislative Services, be approved. Carried 3. Declarations of Pecuniary Interest and General Nature Thereof None 4. Receipt of the Minutes 4.1 Community Advisory Committee Meeting Minutes of September 17, 2020 Moved by Sera Weiss Seconded by Councillor Kim That the Community Advisory Committee meeting minutes of September 17, 2020, be received for information. Carried 5. Delegations None. 6. Matters for Consideration 6.1 CAC20-007 - Town of Aurora Community Energy Plan Consultants Susan Hall, Partner and Project Lead, LURA Consulting, and Megan Meaney, Executive Director, ICLEI, provided an overview of the draft Community Energy Plan (CEP) detailing the development of the CEP, energy consumption and greenhouse gas emissions produced by the Town, strategies to reduce energy and greenhouse gases, and the implementation of the CEP. The Committee received the comments of the presentation. The Committee inquired about the standards for the proposed retrofit programs, and the effect of infill housing on the CEP data, and the Consultants provided clarification noting that participation should not be limited by the age of a home, and that the impact of infill housing is not known. Page 29 of 174 3 The Committee inquired about the achievability of the goals noted in the CEP, and if there could be any COVID-19 impacts such as a transportation offset from more people working from home. The Consultants noted that there has been an increased sense of urgency to begin ramping up the implementation of these plans and that there is no COVID-19 related modelling at this time. The Committee further inquired about the carbon sequestration requirements for new developments, and the Consultants noted that it is addressed in green development planning. The Committee expressed concerns regarding the active transportation component of the CEP including the required use of a car to get to certain areas of Town, winter weather and servicing, and connections for bikeshare services. Staff noted that there is a proposal for the 2021 budget for a consultant to work on an active transportation masterplan, and the Consultant noted that feasibility is still being assessed. The Committee suggested encouraging the research and development of seasonal electric vehicles. Moved by Laura Thanasse Seconded by Sera Weiss 1. That Report No. CAC20-007 be received; and 2. That the Community Advisory Committee comments regarding the recommendations in the Community Energy Plan be received and referred to staff for consideration and action as appropriate. Carried 6.2 Memorandum from Manager, Recreation; Re: Community Services Pricing Policy and Ability to Pay - CAC Update Lisa Warth, Manager, Recreation, provided a presentation regarding the draft Pricing Policy and draft Access Policy, noting that the Policies will be brought forward for Council consideration in early 2021. The Committee provided feedback regarding the Access Policy subsidy criteria and inquired about the subsidy criteria for life skills programs. Moved by Laura Thanasse Seconded by Barry Bridgeford Page 30 of 174 4 1. That the memorandum regarding Community Services Pricing Policy and Ability to Pay - CAC Update be received; and 2. That the Community Advisory Committee comments regarding the Community Services Pricing Policy and Ability to Pay project be received and referred to staff for consideration and further action as appropriate. Carried 7. Informational Items 7.1 CAC20-004 - Pedestrian Grade Separated Crossings and Future Priority Crossings within Barrie GO Rail Corridor Staff provided a brief overview of the report. The Committee inquired if the crossings will only accommodate pedestrians, and Staff indicated that the crossings will meet AODA standards and also accommodate bicycles. Moved by Laura Thanasse Seconded by Janet Mitchell 1. That Report No. CAC20-004 be received for information. Carried 8. Adjournment Moved by Sera Weiss Seconded by Laura Thanasse That the meeting be adjourned at 8:27 p.m. Carried Page 31 of 174 1 Town of Aurora Finance Advisory Committee Meeting Minutes Date: Time: Location: Thursday, November 26, 2020 5:00 p.m. Video Conference Committee Members: Councillor John Gallo (Chair) Councillor Michael Thompson Mayor Tom Mrakas Other Attendees: Doug Nadorozny, Chief Administrative Officer Al Downey, Director, Operational Services Rachel Wainwright-van Kessel, Director, Finance Jason Gaertner, Manager, Financial Management Elizabeth Quattrociocchi, Manager, Financial Reporting & Revenues Lisa Warth, Manager, Recreation Lianne Jalali, Project Manager, Project Management Office Sandeep Dhillon, Advisor, Financial Management Ishita Soneji, Council/Committee Coordinator _____________________________________________________________________ 1. Procedural Notes This meeting was held electronically as per Section 19. i) of the Town's Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation. This meeting was rescheduled from November 10, 2020. The Chair called the meeting to order at 5:01 p.m. Page 32 of 174 2 2. Approval of the Agenda Moved by Councillor Thompson Seconded by Mayor Mrakas The agenda as circulated by Legislative Services, be approved. Carried 3. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 4. Receipt of the Minutes 4.1 Finance Advisory Committee Meeting Minutes of October 13, 2020 Moved by Mayor Mrakas Seconded by Councillor Thompson That the Finance Advisory Committee meeting minutes of October 13, 2020, be received for information. Carried 5. Delegations None. 6. Matters for Consideration 6.1 Memorandum from Manager, Recreation; Re: Community Services Pricing Policy and Ability to Pay - FAC Update Lisa Warth, Manager of Recreation, presented an overview of the draft Pricing Policy and Ability to Pay or Access Policy including details regarding the project purpose and rationale, process of reviewing the policies, the formation of a Reference Committee and focus groups to evaluate the policies, development of a cost calculation guide, and the next steps. It was mentioned that the policies will be brought forward for Council consideration in early 2021. Page 33 of 174 3 The Committee provided feedback regarding the policies and inquired about the impacts of the changes in pricing on programs and the budget and the future role of the focus groups and the Reference Committee. Staff noted that the focus groups and Committee have concluded, and that staff continue to evaluate the specific impacts based on the evaluations and findings from the review process from the focus groups and the cost calculation guide. Moved by Councillor Thompson Seconded by Mayor Mrakas 1. That the memorandum regarding Community Services Pricing Policy and Ability to Pay - FAC Update be received; and 2. That the Finance Advisory Committee comments regarding the Community Services Pricing Policy and Ability to Pay project be received and referred to staff for consideration and further action as appropriate. Carried 6.2 Memorandum from Manager, Financial Management; Re: Operational Services Department Budget Materials Al Downey, Director of Operational Services, provided an overview of the line-by-line analysis and year-to-date comparison of the final approved 2020 budget for the Operational Services department, including detailed explanations regarding the highlighted variances. The Committee sought clarification and discussed about the variances in landscape fees, operating materials, and part-time staffing, and staff provided clarification. Staff noted that most of the budgetary pressure comes from waste management and that staff continue to work towards mitigating the impacts. Moved by Mayor Mrakas Seconded by Councillor Thompson 1. That the memorandum regarding the Operational Services Department Budget Materials be received; and Page 34 of 174 4 2. That the comments and suggestions of the review of the detailed financial information for the Operational Services Department be received and referred to staff for consideration and action as appropriate. Carried 6.3 Memorandum from Project Management Office; Re: Town’s Major Capital Projects Update Moved by Councillor Thompson Seconded by Mayor Mrakas 1. That the memorandum regarding Town’s Major Capital Projects Update be received for information. Carried 6.4 Memorandum from Manager, Financial Reporting and Revenue/Deputy Treasurer; Re: Internal Audit Multi-Year Plan Moved by Councillor Thompson Seconded by Mayor Mrakas 1. That the memorandum regarding Internal Audit Multi-Year Plan be received for information. Carried 6.5 Memorandum from Manager, Financial Management; Re: Department of Finance Budget Materials Moved by Councillor Thompson Seconded by Mayor Mrakas 1. That the memorandum regarding the Department of Finance Budget Materials be received; and 2. That the detailed financial information for the Department of Finance be received and deferred for discussion and detailed review at the next meeting of the Finance Advisory Committee. Carried Page 35 of 174 5 7. New Business The Committee inquired about the details of the next meeting, and staff provided a response noting that the next Committee meeting will be on December 8, 2020. 8. Adjournment Moved by Mayor Mrakas Seconded by Councillor Thompson That the meeting be adjourned at 5:52 p.m. Carried Page 36 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. PDS 20-075 _______________________________________________________________________________________ Subject: Heritage Permit Application 23 Mark Street HPA-2020-02 Prepared by: Carlson Tsang, Planner/Heritage Planning Department: Planning and Development Services Date: December 1, 2020 _______________________________________________________________________________________ Recommendation 1. That Report No. PDS20-075 be received; and 2. That Heritage Permit Application File: HPA-2020-02 to permit the replacement of twenty-seven windows on the existing dwelling at 23 Mark Street be approved. Executive Summary This report provides the General Committee with the necessary information to consider Heritage Permit Application HPA-2002-002 to allow the replacement of twenty-seven windows on the existing dwelling located at 23 Mark Street within the Northeast Old Aurora Heritage Conservation District.  Staff have no concern with the proposed new windows and support the approval of the heritage permit application. Background The two-storey single family dwelling at 23 Mark Street is approximately 1,059.09 m2 (11,400 ft2) in size and is located between Yonge Street and Spruce Street within the Northeast Old Aurora Heritage Conservation District (see Attachment 1). The dwelling was constructed circa 1920 (see Attachment 2). A rear addition was constructed in the late 1980’s. Vehicular access is provided by a driveway from Mark Street. The lot is Page 37 of 174 December 1, 2020 2 of 5 Report No. PDS20-075 slightly elevated from the street supported by a stone retaining wall along the frontage of the property. The dwelling can be described as an Edwardian/Foursquare style building characterized by a hip roof with gable front, brick chimney, and front covered porch with brick columns. The main component of the building is finished with brick cladding, while the rear addition is finished with board and batten. The existing windows on the building are all rectangular shaped multi-grid double-hung windows, with the exception of the triple casement bay windows on the rear facade. Heritage Designation In 2006, Town Council passed By-Law 4809-06.D to designate 23 Mark Street under Part V of the Ontario Heritage Act as part of the Northeast Old Aurora Heritage Conservation District. Council also passed By-Law 4809-06.D to adopt the “Northeast Old Aurora Heritage Conservation District Plan” as the document to guide the preservation, restoration of properties and streetscapes located within the District. 23 Mark Street is identified as a contributing property to the Heritage Conservation District. Proposed Alteration The application proposes to install twenty double hung windows in various areas on the north, east and west façade of the building, and seven casement windows on the south façade of the rear addition. Details and specification of the new windows are contained in Attachment 3. No other changes are being proposed to the exterior of the building. Analysis Staff have no concern with the proposed new windows and support the approval of the heritage permit application. The twenty double-hung windows proposed on the north, east and west facade are generally similar in style as the existing windows. The proposed 4/1 grid design fits well with the Edwardian architectural style of the building and will complement the heritage character of the neighborhood. The vertical proportion of the windows is in keeping with the ratio recommended in the Northeast Old Aurora Heritage Conservation District Plan. There will be no changes to the dimension of the openings to ensure the protection of the original fenestration of the building. The existing stone window sills will not be Page 38 of 174 December 1, 2020 3 of 5 Report No. PDS20-075 disturbed by the proposed work. Staff are of the opinion that the proposed twenty double-hung windows will not affect the character of the original home or the overall streetscape. On the south façade, the applicant is proposing to replace the existing triple casement bay windows with similar style casement windows (see Attachment 3). While the Northeast Old Aurora Heritage Conservation District Plan does not encourage casement windows on heritage buildings, staff note that the proposed casement bay windows will not deviate from the existing character of the building. The other four casement windows proposed at the rear façade are for the master bedroom on the second floor. Staff suggested the applicant consider double-hung windows as per the guidelines of the District Plan. The applicant explained that the intent is to match the appearance of the bay window immediately below and would like to proceed with the application as submitted. Staff note that the casement windows will only be installed in the rear addition, not the original section of the building. Further, the casement windows will not be visible from a public street. After careful consideration, staff are of the opinion that the casement windows for the master bedroom are acceptable and have no objection to their installation. Advisory Committee Review The Heritage Advisory Committee reviewed the application at its meeting on November 2, 2020. The Committee noted that the proposed windows are compatible with the original character of the building and will have no impact on the heritage character of the host neighbourhood. The Committee suggested that the casement windows at the rear could be designed with muntin bars to mimic the appearance of a traditional sash window. However, the Committee had no objection if the applicant proceeds with the application as submitted. The Heritage Advisory Committee supported the approval of Heritage Permit Application File: HPA-2020-02 to permit the replacement of twenty-seven windows on the existing dwelling at 23 Mark Street. Page 39 of 174 December 1, 2020 4 of 5 Report No. PDS20-075 Legal Considerations Under Section 42 of the Ontario Heritage Act, any developments or alterations that would potentially impact the heritage character of a property located within a Heritage Conservation District requires Council’s consent. This legislative requirement is implemented in the Town of Aurora through the process of a Heritage Permit Application, which is subject to Council’s approval in consultation with the Heritage Advisory Committee. Council must make a decision on a heritage permit application within 90 days after the notice of receipt is served on the applicant, otherwise Council shall be deemed to have consented to the application. The 90-day deadline for this permit application is January 5, 2021. Council may extend the review period of a heritage application without any time limit under the Ontario Heritage Act provided it is agreed upon by the owner. If Council refuses the application, the owner may appeal the refusal to the Local Planning Appeal Tribunal. Financial Implications There are no direct financial implications from this report; all applicable fees and charges owing to date have been collected. Communications Considerations The Town will use ‘Inform’ as the level of engagement for this application. There are five different levels of community engagement to consider, with each level providing the community more involvement in the decision-making process. These levels are: Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in the Community Engagement Policy. These options are based on the International Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines for clearly communicating with our public and managing community engagement. In order to inform the public, this report will be posted to the Town’s website. Page 40 of 174 December 1, 2020 5 of 5 Report No. PDS20-075 Link to Strategic Plan The conservation of heritage resources supports the Strategic Plan goal of Supporting an Exceptional Quality of Life for All through its accomplishment in satisfying requirements in objective Celebrating and Promoting our Culture. Alternative(s) to the Recommendation 1. That Council provide direction. Conclusions Staff support the approval of Heritage Permit Application HPA-2020-02 to permit the installation of twenty double-hung windows and seven casement windows for the existing dwelling at 23 Mark Street. Attachments Attachment 1 – Location Map Attachment 2 – Photographs of existing building Attachment 3 – Details of the new windows Previous Reports HAC20-011 – Heritage Permit Application for 23 Mark Street – November 2, 2020 Pre-submission Review Agenda Management Team review on November 12, 2020 Approvals Approved by David Waters, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 41 of 174 LOCATION MAP APPLICANT: Jesse Micak LOCATION: 23 Mark Street FILE: HPA-2020-02 AƩachment 1 SUBJECT LANDS Map created by the Town of Aurora Planning and Building Services Department, August 29 2019. Base data provided by York Region & the Town of Aurora. Air Photos taken Spring 2018, © First Base SoluƟons Inc., 2018 Orthophotography. Subject Property 0 10 20 30 40 4 Metres Page 42 of 174 "UUBDINFOU 'SPOU&MFWBUJPO Page 43 of 174 3FBS&MFWBUJPO Page 44 of 174 - Phone Number - Email Representative Date Number Quote Email Phone Number City, Province Address Name Customer Number  Sarah Micak 23 Mark St Aurora, Ontario Postal Code Customer QTY WIDTH HEIGHT FRAME DESCRIPTION PRICEOUTSIDE VIEW Windows 1 30"49"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Insert Location: Attic Left 1 30"49"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Insert Location: Attic Right 1 32"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Insert Location: Spare Left 1 of 10GST: 79656 7881 RT0001 $WWDFKPHQW Page 45 of 174 131-2035Order NumberSarah MicakCustomer Name QTY WIDTH HEIGHT FRAME DESCRIPTION PRICEOUTSIDE VIEW Windows 1 32"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Spare Right 1 32"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black (Dumoulin) Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Playroom Left 1 32"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Playroom Right 1 18"38"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Playroom Left 2 of 10GST: 79656 7881 RT0001 Page 46 of 174 131-2035Order NumberSarah MicakCustomer Name QTY WIDTH HEIGHT FRAME DESCRIPTION PRICEOUTSIDE VIEW Windows 1 18"38"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Playroom Right 1 32"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Girl's Room Left 1 32"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Girl's Room Right 1 22"38"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Bathroom Left 3 of 10GST: 79656 7881 RT0001 Page 47 of 174 131-2035Order NumberSarah MicakCustomer Name QTY WIDTH HEIGHT FRAME DESCRIPTION PRICEOUTSIDE VIEW Windows 1 22"38"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Bathroom Right 1 30"53"6 1/2" Series 1000, RevoCell Collection Casement Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Maxim Hardware Glass: Clear with Low-E & Argon Gas Installation: Full Frame Location: Master Bedroom Left 1 36"30"6 1/2" Series 1000, RevoCell Collection Casement Window Option: Jamb Extension Option: Brickmould 1" Color: Exterior: Black - Interior: Black Glass: Clear with Low-E & Argon Gas Option: Operant to fix sash Extra: This is a gothic shaped window. This is one long window, no mullion Installation: Full Frame Brickmould Location: Master Bedroom Middle 1 36"49"6 1/2" Series 1000, RevoCell Collection Casement Window Option: Jamb Extension Option: Brickmould 1" Color: Exterior: Black - Interior: Black Glass: Clear with Low-E & Argon Gas Option: Operant to fix sash Extra: This is a gothic shaped window Installation: Full Frame Brickmould Location: Master Bedroom Middle 4 of 10GST: 79656 7881 RT0001 Page 48 of 174 131-2035Order NumberSarah MicakCustomer Name QTY WIDTH HEIGHT FRAME DESCRIPTION PRICEOUTSIDE VIEW Windows 1 30"53"6 1/2" Series 1000, RevoCell Collection Casement Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Maxim Hardware Glass: Clear with Low-E & Argon Gas Installation: Full Frame Location: Master Bedroom Left 1 25"59"6 1/2" Series 1000, RevoCell Collection Casement Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Angle 15° Option: Projection Option: Head & Seat, Plywood, 8' Option: Assembled with Next Window Option: Assembled Width of 92" Option: Assembled Height of 59" Option: Maxim Hardware Glass: Clear with Low-E & Argon Gas Installation: Bay or Bow Location: TV Room Left 42"59"6 1/2" Series 1000, RevoCell Collection Casement Window Color: Exterior: Black - Interior: Black Option: Assembled with Next Window Glass: Clear with Low-E & Argon Gas Option: Operant to fix sash Location: TV Room Left 25"59"6 1/2" Series 1000, RevoCell Collection Casement Window Color: Exterior: Black - Interior: Black Option: Assembled with Previous Window Option: Maxim Hardware Glass: Clear with Low-E & Argon Gas Location: TV Room Left 5 of 10GST: 79656 7881 RT0001 Page 49 of 174 131-2035Order NumberSarah MicakCustomer Name QTY WIDTH HEIGHT FRAME DESCRIPTION PRICEOUTSIDE VIEW Windows 1 32"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Dining Room Front facing window 1 28"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Dining Room Left 1 28"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Dining Room Middle 1 28"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Dining Room Right 6 of 10GST: 79656 7881 RT0001 Page 50 of 174 131-2035Order NumberSarah MicakCustomer Name QTY WIDTH HEIGHT FRAME DESCRIPTION PRICEOUTSIDE VIEW Windows 1 32"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Living Room Front Side window 1 28"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Living Room Front Left 1 28"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Living Room Front Right 1 26"59"6 1/2" Series 370, Hybrid Double Hung Window Option: Jamb Extension Color: Exterior: Black - Interior: Black Option: Full Screen Glass: LoE-i89 with LowE & Argon Gas Glass: Clear with Low-E & Argon Gas Grills: Rectangular, Black , 2x2 Installation: Full Frame Location: Living Room Rear Left 7 of 10GST: 79656 7881 RT0001 Page 51 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. PDS 20-076 _______________________________________________________________________________________ Subject: Heritage Permit Application Elmwood Lodge: The Reuben J. Kennedy House 15032 Yonge Street File Number: HPA-2019-07 Prepared by: Carlson Tsang, Planner/Heritage Planning Department: Planning and Development Services Date: December 1, 2020 _______________________________________________________________________________________ Recommendation 1. That Report No. PDS20-076 be received; and 2. That Heritage Permit Application File: HPA-2019-07 to permit the removal of twelve louvered window shutters on the Reuben J. Kennedy House at 15032 Yonge Street be refused. Executive Summary This report recommends Heritage Permit Application File: HPA-2019-07 for the removal of twelve louvered window shutters on a designated building known as “The Reuben J. Kennedy House” located at 15032 Yonge Street be refused:  Staff recommend the application be refused because the applicant is not able to provide evidence to support the removal of the window shutters and meet the deadline approved by the Mayor in accordance with Delegation By-law 6212-19, as amended. Background In November 2019, the Town received a Heritage Permit application to remove ten window shutters from the Reuben J. Kennedy House located at 15032 Yonge Street. The Ontario Heritage Act requires Council to make a decision on a Heritage Page 52 of 174 December 1, 2020 2 of 5 Report No. PDS20-076 Permit application within ninety days after the notice of receipt is served on the applicant, otherwise Council shall be deemed to have consented to the application. The initial ninety-day deadline for this application was February 27, 2020. On February 25, 2020, Council extended the review period of the application until August 15, 2020 to provide the applicant additional time to work with a Heritage Restoration Consultant to assess the condition of the shutters and explore repair options. Since then, the applicant advised the Town that the majority of heritage restoration consultants were unavailable due to the pandemic and thus, the applicant was not be able to complete the assessment before the August 15 deadline. On August 10, 2020, the Mayor, in consultation with the CAO, suspended the review period for Heritage Permit Application HPA-2019-07 until December 31, 2020 in accordance with Delegation By-law 6212-19. This matter falls within the Mayor’s delegated authority as it relates to suspending time periods, deadlines, date and time restrictions of a Town approved program during a state of emergency. The new deadline provided the applicant additional to complete the assessment and for staff to report to the Heritage Advisory Committee on November 2, 2020. Analysis Staff recommend the application be refused because the applicant is not able to provide evidence to support the removal of the window shutters and meet the deadline approved by the Mayor in accordance with Delegation By-law 6212-19, as amended. The applicant advised staff that many Heritage Restoration Consultants are still not available due to the pandemic. As such, staff were not able to report back to the Heritage Advisory Committee on November 2, 2020 with a damage assessment report from the applicant. Given November 2, 2020 is the last Heritage Advisory Committee meeting of the year, Council will not be able to make a decision on the subject application before the new deadline of December 31, 2020. Consequently, the application would lapse and Council would be deemed to have consented to the application. Staff do not support any further extension of the review period at this time. Due to the ongoing pandemic, Council may have to continually revisit the application for subsequent extensions. Staff recommend that the application be denied to terminate the current application process. This provides the applicant unrestricted time to work with a Heritage Page 53 of 174 December 1, 2020 3 of 5 Report No. PDS20-076 Restoration Consultant to prepare the damage assessment report. It should be noted that the Town does not charge a fee for heritage permit applications. The applicant can submit a new application without any fees for the same proposal upon completion of a damage assessment report for the shutters. Advisory Committee Review The application was discussed by the Heritage Advisory Committee at its meeting on November 2, 2020. The Heritage Advisory Committee supported the staff recommendation to refuse the Heritage Permit Application. However, the Committee was concerned that the shutters will further deteriorate until the owner submits a second application. Staff advised the Committee that it is the owner’s responsibility to maintain the heritage attributes of the building as per the provisions of the Town’s Heritage Property Standard By-law 5489-13. The Committee suggested that shutters be temporarily stored at a safe location, such as the Town’s storage facility at the Joint Operations Centre, to ensure they will be protected until the owner resubmits an application. Staff will relay the Committee’s suggestions to the applicant and explore appropriate options to protect the shutters in the interim. Staff will report back to the Heritage Advisory Committee should any updates become available. Legal Considerations Section 33 of the Ontario Heritage Act prohibits an owner from altering the heritage attributes of a designated property unless consent is received by the Town. Municipal processes within the Town require the owner to submit a Heritage Permit application. Alterations to any attributes identified in the Designation By-Law will be considered major and will require approval by Council. Council must make a decision on a major heritage permit application within ninety days after the notice of receipt is served on the applicant, otherwise Council shall be deemed to have consented to the application. Council may extend the review period of a heritage application without any time limit under the Ontario Heritage Act provided it is agreed upon by the owner. The initial 90-day deadline for this permit application is February 27, 2020. The owner has agreed to extend this deadline for six months, being August 15, 2020. The application was further extended to December 31, 2020 by the Mayor, in consultation Page 54 of 174 December 1, 2020 4 of 5 Report No. PDS20-076 with the CAO, during the pandemic in accordance with Delegation By-law 6212-19, as amended. If Council refuses the application, as per the staff recommendation, the owner may appeal the refusal to the Conservation Review Board. Financial Implications There are no direct financial implications from this report. Communications Considerations The Town will use ‘Inform’ as the level of engagement for this application. There are five different levels of community engagement to consider, with each level providing the community more involvement in the decision-making process. These levels are: Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in the Community Engagement Policy. These options are based on the International Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines for clearly communicating with our public and managing community engagement. In order to inform the public, this report will be posted to the Town’s website. Link to Strategic Plan The conservation of heritage resources supports the Strategic Plan goal of Supporting an Exceptional Quality of Life for All through its accomplishment in satisfying requirements in objective Celebrating and Promoting our Culture. Alternative(s) to the Recommendation 1. That Council provide direction. Conclusions Staff recommend Heritage Permit Application HPA-2019-07 for the removal of the window shutters on the Reuben J. Kennedy House at 15032 Yonge Street be denied because the applicant is not able to provide the supporting materials requested by Page 55 of 174 December 1, 2020 5 of 5 Report No. PDS20-076 Council and meet the deadline approved by the Mayor in accordance with Delegation By-law 6212-19, as amended. Attachments Attachment 1 – Location Map Attachment 2 – Photographs Previous Reports PDS20-076 – Heritage Permit Application for 15032 Yonge Street PDS20-052- Suspension of Heritage Permit Application for 15032 Yonge Street Pre-submission Review Agenda Management Team review on November 12, 2020 Approvals Approved by David Waters, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 56 of 174 LOCATION MAP APPLICANT: Three Small Rooms Restaurant, Bar & Grill, Fine Dining Inc. LOCATION: 15032 Yonge Street FILE: HPA-2019-17 ATTACHMENT 1 SUBJECT LANDS Map created by the Town of Aurora Planning and Building Services Department, January 2020. Base data provided by York Region & the Town of Aurora. Air Photos taken Spring 2018, © First Base SoluƟons Inc., 2018 Orthophotography. Subject Property 0 10 20 30 40 Metres Page 57 of 174 ShuƩers # 1 LocaƟon: Side window behind the glass display on the east elevation facing Yonge Street͘ CondiƟon: Both shuƩers are generally in good condiƟon with minimal damages on the stile and mid rail͘ LeŌ ShuƩer Right ShuƩer ƚƚĂĐŚŵĞŶƚϮ Page 58 of 174 ShuƩers # 2 LocaƟon: Bay window on the east elevation facing Yonge Street͘ CondiƟon: The leŌ shuƩer is in good condiƟon with minor peeled paint on several slats. The right shuƩer is in good condiƟon with minor damages mainly on the boƩom rail. LeŌ ShuƩer Right ShuƩer Page 59 of 174 ShuƩers # 3 LocaƟon: Window above the bay window on the east elevaƟon facing Yonge Street CondiƟon: The leŌ shuƩer has severe damages on the stiles and a number of slates͘ The right shuƩer has fallen off the building due to broken hinges. It has moderate damages on most of the slates͘ LeŌ ShuƩer Right ShuƩer Page 60 of 174 ShuƩers # 4 LocaƟon: Bay window on the south elevaƟon facing Kennedy Street. CondiƟon: The applicant indicates the leŌ shuƩer was removed in August 2019 due to severe deterioration͘ The right shuƩer has moderate damages on the left stile, push rod and many of the lower slates͘ LeŌ ShuƩer Right ShuƩer ShuƩer removed Page 61 of 174 ShuƩers # 5 LocaƟon: Top leŌ window above the bay window on the south elevation facing Kennedy Street͘ CondiƟon: Both shuƩers are in poor condition with severe rotƚŝŶŐ wood and broken parts͘ LeŌ ShuƩer Right ShuƩer Page 62 of 174 ShuƩers # 6 LocaƟon: Top right window above the bay window on the south elevation facing Kennedy Street͘ CondiƟon: Both shuƩers have moderate to severe damages on the rail and stile͘ LeŌ ShuƩer Right ShuƩer Page 63 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. OPS20 -018 _______________________________________________________________________________________ Subject: Tree Removal Permit Application – 17 Church Street Prepared by: Sara Tienkamp, Manager, Parks and Fleet Department: Operational Services Date: December 1, 2020 _______________________________________________________________________________________ Recommendation 1. That Report No. OPS20-018 be received; and 2. That the Tree Removal Permit Application for 17 Church Street be approved in accordance with the Heritage Advisory Committee (HAC) review. Executive Summary This report provides Council with information on one (1) Tree Removal Application on a property with trees defined as “Heritage” under the Tree protection Bylaw 5850-16. The application is for the removal of four (4) trees, in good health on the property for the purposes of landscaping the rear yard, allowing for increased sunlight in the yard, grass growth and area for children to play.  Tree Removal Permit Application from DreamWorks Tree Services received for 17 Church Street  The Arborist Report/Replanting Plan provided by the consulting Arborist recommends replanting of native species as part of the landscape design  Trees species on property not ideal and growth habits can lead to potential long- term issues on the property and surrounding area. Background The subject property is listed on the Town of Aurora’s Register of Properties of Cultural Heritage Value or Interest under Tree Protection Bylaw 5850-16. Section 9 (1) (b) states: Page 64 of 174 December 1, 2020 2 of 5 Report No. OPS20-018 If a tree subject to an application is found by the Director to be a Heritage Tree, the Director shall not issue a permit unless the injury, destruction or removal is approved by Council following a review by the Town’s Heritage Advisory Committee. Analysis Tree Removal Permit Application from DreamWorks Tree Services received for 17 Church Street In mid August 2020, the Parks Division received a formal Tree Removal Permit Application and supporting documentation from DreamWorks Tree Services for 17 Church Street. The Town’s Forestry Technician attended site to confirm the details of the application. Staff verified that the information on the application was correct and as follows: Tree ID # Species DBH (cm) Condition 1 Locust 17 Good 2 Norway Maple 19.5 Good 3 Norway Maple 38 Good 4 Sliver Maple (multi -stem) 10,12,15,11,14 Good Staff advised the resident the property is listed on the Town’s Registry of Properties of Cultural Heritage Value or Interest under Bylaw 5850 -16 and that their application for removal would need to proceed through the Heritage Advisory Committee as per the bylaw for review, followed by Council approval. The Arborist Report/Replanting Plan provided by the consulting Arborist recommends replanting of native species as part of the landscape design. Trees currently on this property are central to the rear yard and residents would like to remove the trees and locate new trees towards the perimeter as part of a new landscape plan to allow for greater recreational use and increased sunlight. Page 65 of 174 December 1, 2020 3 of 5 Report No. OPS20-018 The HAC discussed the retention of the locust tree and the resident is certainly open to the relocation of the tree on the property should it be feasible to do so, considering underground utilities do not interfere with the excavation. It is recommended that replanting on the property be species of trees native to Ontario and soils in the old part of Aurora are such that planting of native would be successful. Trees species on property not ideal and growth habits can lead to potential long-term issues on the property and surrounding area. Two (2) of the trees identified on the property for removal are Norway Maples, classified as an invasive species. They regenerate easily by seed, grow rapidly in the landscape, and threaten native species as they populate naturalized areas. Many jurisdictions in Ontario no longer allow them to be planted by developers or along municipal streets. Aurora has removed them from the list of species, acceptable for planting. The multi-stem Silver Maple has five (5) stems originating from the ground, more than likely a result of the tree being cut off as small whip and left to sprout out without removal of the roots. This type of growth is of concern, as the tree stems mature and sprawl at irregular angles, the structural integrity of the tree in the long term could be potentially compromised significantly. Advisory Committee Review The Tree Permit Application for this property was reviewed by the Heritage Advisory Committee (HAC) at its November 2, 2020 meeting. The minutes include the following comments from the committee: “The Committee expressed support for the proposal as well as concerns regarding the potential loss of mature trees from the neighbourhood canopy. The Committee inquired about the Town's tree by-law protection of new trees on a heritage-designated property and staff provided clarification. The Committee recommended that the Locust (#1) and Silver Maple (#4) trees remain and that the two Norway Maple (#2 and #3) trees be replaced with two indigenous, mature trees of substantial size.” Page 66 of 174 December 1, 2020 4 of 5 Report No. OPS20-018 Legal Considerations Since the trees are located on a listed property, only Council has the authority to approve the removal of the trees, after a review by HAC. Council may approve the removal subject to certain conditions, which includes financial compensation or replanting of trees. Financial Implications As the trees in question are located on private property, their removal will be solely at the property owner’s expense should Council approve their associated tree removal permit applications. The Town has also collected the appropriate fees and security deposits relating to this application. Communications Considerations Not applicable. Link to Strategic Plan This report supports the Strategic Plan goal of Supporting Environmental Stewardship and Sustainability by investigating opportunities to assess the merits of measuring the Town’s natural capital assets. Alternative(s) to the Recommendation 1. That Council approve the Tree Removal Application as presented by the resident for the removal of four (4) at 17 Church Street. 2. As directed by Council. Conclusions That the Tree Removal Application located at 17 Church Street be approved in accordance with the HAC review. Page 67 of 174 December 1, 2020 5 of 5 Report No. OPS20-018 Attachments Attachment #1 – Tree Removal Permit Application – 17 Church Street Attachment #2 – Arborist Report Attachment # 3 – Replanting Plan Previous Reports None. Pre-submission Review Agenda Management Team review on December 1, 2020 Approvals Approved by Allan D. Downey, Director of Operations Approved by Doug Nadorozny, Chief Administrative Officer Page 68 of 174 /#-AuruonA Application to Permit the lnjury or Destruction Of Trees on Private Property The personal information on this fum is collected under Bylaw 585G16 ard uiill be used for the pr4ose$ of this application on[y. Questions should be direcfed to ttE FEedom of lnformailon Co-ordinator. Ofrce of the Toan C[erk, 't Municipal Driw Boc 1ffiO. Aurora, Ontario L4G 6J1, Tel. 905- 727-3123 ext.3223 THIS IS NOTAPERMIT lnstruction$ for Conpletion of Application: Application form to be completed by applicant. Please type or print CLEARLY. lncomplele applications will delay approval. Municipal address: Street name and number must be included for applications to be considered c0mplete. Provide an Arborist Report completed by an Arborist as defined in the byJaw at the direction of the Parks Manager. tf replanting, provide 2 copies of the replanting plan or landscape plan. Payment of the required fees: See item '12 on page 2 for fee requiremenls. Written conuerrt is necessary from an adjacent property owner where the base of a tree straddles a properly line. tf this application is signed by an applicant other than the owner, or by an agent, the written authorization of the owner is required. File this application and other supporting docunentation to the Department of Parks and Recreation 100 John West Way Aurora, Ontario L4G 6J1.8. ApplicatiorE submitted afler $30 p.rn. local time will not be processed until the next bu$ness day. I am applying for a permit to remove tree/s on private property (please check one) o Three (3) or more trees 20cm {8 inches} in diameter measured at 1.37 m in a 12 month period o Two (2) trees have already been removed between 20cm (8 inches) in diameter measured at 1.37 m in a 12 month period and require a permit for the removal of the third (3'") or more treeJs in the same 12 month period nOne ({} or more tree/s largerthan 70crn (30 inches) in diameter mea$ured at 1,37 oOne (1) or more treels in the designated heritage district nOne (1) or more designated heritaga tree/s APFLICAiIT IHFORII,ATION 1. Municipal address ofsubject 17 Church Street, Aurora, Ontario TREE PERMIT APPLICATION Page I of3 Town of Aurora Municipal Drive Box 1000 Aurora, Ontario L4G 6J1 P ho ne 905-727 - 31 2 ext,3223 1_ 2. 3. 4. d A 7. D. lrees are interferi ng with utilities/dwellingffound ation F, other (ptease specifu): no sunlight for grass and children 2. J. Name of ApplicanuAgeffi Lenad Lind Mailing Address of 100 - 15'105 Yonge Street, Aurora, ON L4G 1M3 4. Tetephone: 905-841-0000 -E-mail: lenard@tindreal$.ca Name of Registered ovwer (f different trom anovel: Laurie lLapTtq.ljtl9lQujata lGnianthra Mailing aftlre$s of Ouner (if differentftom above): Existing Land Use;, 4 b- 7. S. Are the tree(s) located on or near any neighbouring property line resulting in the joint ovflership of the tree(s). D Yes XNo 10. lf yes, do you have authorization from the neighbouring property owner to act as their representative in this application to injure or remove tree(s). EYes nNo 11. Rea$on lvhy trees are being injured or removed. Please circle letier: A. irees interfele Wth proposed construction (_TlandscaOing on the property C. all trees are dead, dyr,ng or hazardotls E. installing pool Attachment 1 Page 69 of 174 Page 2 of 3 TREE PERMIT A?PLICATION 12 Fee Requirements: lf all trees are considered dead, dying or hazardous by the Parks Manager, there is no fee but a permit must still be obtained. Please clrcle one of the below: Trees over 20cm in diameter 3 trees 4tres 5 tree$ 6 trees 7 trees $214.00 $320_00 $427.00 $534.00 $640.00 8 or more trees $107.00 per additionat tree to a maximum of $2,552.5ti Trees over 70 centimeters in diameter $534.00 perlree iMethods of paymenl major credit cards, interact, cash, or cheque fees are non-refundable and must be remitted at the time of initial permit application) X I am the owner of the proBerty or acting on behatf of t}e ovurer with r,vritten authorization (attached) n The property is not a designated Heritage Prqperty under the Town of Aurora designation r The properly ls designated Haitage and tfte Heritage Advlsory Ccmmittee has approved ihe injury or dertruc$on of lhe teeis as per the attach€d App{oved Heritage Permit n Applicable fees have been suknitted DOES THE TRUNK OF THE TREEJS AT GROUND LEVEL BISECTOR STRABDLE A PROPERTY LIT,IE? IFYOU ANSI'I'EREDYES PLEASE COMPLETE DECLARATION 2 BELoIIII l lvre Lenard Lind Freby deciare printname lhat I have read ard urderstand the required procedores and proviElons under lhe T0wn nf Aurora's Privqte Tree By-law and the etatements and plans made by me upon this applicaiion are, to the best of rny belief and knowledge, a tue and Gomplete representation of the purpose and intent of this application. I consent to alloiling To$m of Aurora ernployees to enter the pmperty to conduct inspeclions Signed at the Torrrrn of Aurora this -]J[ That I am the own€roflhe adjacent proFerty have read and undersl,andthe required procedurerand prcvisioneunderlhe Town ofAr#ora's Prlvate Trce Bplaw and I fire mnsent !o ihe inEntions resp6cting the propos€d work for whicfi thls application is being made and that the statements and dans made by me uporr thb application are, to the be6t of rny bdief and knoudedge, a true and c:omplete' , I consenl to allowing Torn of Aurora employee$ to enterthe property to corduct inspectiors Signed at the Town of Aurora this _day of 20---_ Signature of Adjacent property owner I ADDITIONAL REQUIREMENTS DECLARATION 1 DgCLARATIT]N 2 name Page 70 of 174 Page 3 of3 CERTIFY THAT THE INFORMATION IN PARTS A, B & C IS CORRECT oxe- ,*,-Ga \bfu28'*>* OF PARTS A, B & C WLL BE RECOGNIZEO AS AN ARBORISTS REPORT (IF MORE THAN 5 ATTACH ADDITIONAL PAGES) \ $u-+t+ V t s larf' w (n^*.I+i r*^""\ffi X Lor,.^stfllDBd. Dn*ew"1 *t ea4,, -*"tow*."*rrne"*-fdriveways aild the individual tree/s that are to I be removed. I Tree/s shall be numbered and cross referencetj I to metch tree # in Part A Tree and Site Ilnformation I A PART A Tree and Site lnformation Page 71 of 174 Lenard Lind From: $ent; lo: Subject: jamie chapman A7/1rftA?A 10:10 PM lenard@lindrealty.ca; Sujata Kanianthra Re: 17 Church Street - Tree Removal permit July 17, 2020 To whom it may concem, We, the owners of 17 Church Street, Aurora, authorize Lenard LInd to apply for a permit for tree removalfrom our propery. Should you need to contact us our cellnumbefti are as follows: Laurie Chapman ( Sujata Kanianthra Sincerely, '#' Laurie Ghapman Sujata Kanianthra Page 72 of 174 ARBORIST REPORT FREDERICK ALLEN 647-261-2617 ISA Certified Arborist #ON-2501A ADDRESS: REPORT #AR138 17 Church Street, Aurora, ON L4G 1G5 DATE OF ASSESSMENT: August 14th, 2020 Tree # Species DBH (cm) Location Condition 1 Locust (Robinia) 17 Backyard Good 2 Norway Maple (Acer platanoides) 19.5 Backyard Good 3 Norway Maple (Acer platanoides) 38 Backyard Good 4 Silver Maple (Acer saccharinum) 10, 12, 15, 11, 14 Backyard Good Nature of Work: Request permission for the removal of the above specified trees. Clients’ Reason for Removal: The client is requesting removal due to re-landscaping of the property. Tree Replacement Information: The client understands the requirements of the town and is willing to comply as required. Arborist Recommendation: Due to the proposed re-landscaping project, I recommend removal and replacement (1:1 ratio) with native species. We are waiting on landscaping drawings to determine which species. All observations and opinions are limited to the date of assessment, August 14th 2020 Frederick Allen I.S.A Certified Arborist # ON-2501A Attachment 2 Page 73 of 174 ARBORIST REPORT FREDERICK ALLEN 647-261-2617 ISA Certified Arborist #ON-2501A ADDRESS: REPORT #AR138 17 Church Street, Aurora, ON L4G 1G5 DATE OF ASSESSMENT: August 14th, 2020 Tree# 1: Locust 17 DBH Page 74 of 174 ARBORIST REPORT FREDERICK ALLEN 647-261-2617 ISA Certified Arborist #ON-2501A ADDRESS: REPORT #AR138 17 Church Street, Aurora, ON L4G 1G5 DATE OF ASSESSMENT: August 14th, 2020 Tree# 2: Norway Maple 19.5 DBH Page 75 of 174 ARBORIST REPORT FREDERICK ALLEN 647-261-2617 ISA Certified Arborist #ON-2501A ADDRESS: REPORT #AR138 17 Church Street, Aurora, ON L4G 1G5 DATE OF ASSESSMENT: August 14th, 2020 Tree# 3: Silver Maple 38 DBH Page 76 of 174 ARBORIST REPORT FREDERICK ALLEN 647-261-2617 ISA Certified Arborist #ON-2501A ADDRESS: REPORT #AR138 17 Church Street, Aurora, ON L4G 1G5 DATE OF ASSESSMENT: August 14th, 2020 Tree # 4: Silver Maple (multi-stem) Page 77 of 174 REPLANTING PLAN FREDERICK ALLEN 647-261-2617 ISA Certified Arborist #ON-2501A ADDRESS: REPORT #AR138 17 Church Street, Aurora, ON L4G 1G5 DATE OF ASSESSMENT: August 14th, 2020 Replanting Plan: •Along the East side of the property line we will plant three (3) White Spruce trees (300cm) along the fence line •In the South East corner of the property we will plant one (1) Ohio Buckeye tree (70mm) Attachment 3 Page 78 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. CS20-0 25 _______________________________________________________________________________________ Subject: Modernized Fence By-law Prepared by: Alexander Wray – Manager Bylaw Services Department: Corporate Services Date: December 1, 2020 _______________________________________________________________________________________ Recommendation 1. That Report No. CS20-025 be received; and 2. That a new Fence By-law be brought forth and enacted at a future Council meeting to repeal and replace the current Fence By-law No. 4753.05.P; and 3. That an amendment to the Fees and Charges By-law be brought forward to a future Council meeting to implement fees associated with a fence variance process; and 4. That an amendment to the Aurora Appeal Tribunal By-law be brought forward to a future Council meeting for enactment. Executive Summary The purpose of this report is to seek Council’s approval to implement a new Fence By- law. The proposed Fence By-law will modernize existing legislation, introduce a variance process with delegated authority to the Director of Corporate Services, implement Order and remediation provisions as recommended by the Region of York – Prosecution Services Division, and update the Aurora Appeal Tribunal By-law to provide for the ability to consider fence variance appeals.  Staff are recommending the implementation of a variance process with delegated authority to the Director of Corporate Services allowing for flexibility when warranted.  Addition of Order and remediation provisions to address non-compliance provides staff with necessary enforcement tools. Page 79 of 174 December 1, 2020 2 of 6 Report No. CS20-025  Amendments of other by-laws will be required to support the enactment of the proposed by-law. Background As part of a continued review of the Town’s current by-law legislation with the objective to modernize the Town’s by-laws to meet community needs, Bylaw Services, in partnership with the Region of York – Prosecutions have identified that the existing Fence By-law is outdated and does not address current community expectations and legislative requirements. The proposed Fence By-law will be inclusive of past amendments while introducing variance provisions, enforcement tools, delegated authority to the Director of Corporate Services, and the ability to remediate non-compliance. In addition, the Aurora Appeal Tribunal By-law needs to be updated to give the Tribunal authority to administer appeals with respect to fence variance requests. Analysis Staff are recommending the implementation of a variance process with delegated authority to the Director of Corporate Services allowing for flexibility when warranted. The proposed Fence By-law would introduce a variance process for fences that do not comply with requirements of the by-law. The variance process would grant delegated authority to the Director of Corporate Services to permit for new and existing fence variances by considering the following criteria:  would the variance meet the general intent of the Fence By-law;  would the variance be in keeping with the surrounding area and whether it would have negative impacts on adjacent residents;  any special circumstances and whether the strict application of the by-law provisions would cause unnecessary difficulty or hardship;  Whether the approval of the variance would result in impacts to the health, safety, or welfare of the public. Page 80 of 174 December 1, 2020 3 of 6 Report No. CS20-025 The Director will make the decision based on the documentation submitted by the applicant and any investigations deemed appropriate by the Director or Town staff. If the Director of Corporate Services refuses a variance request and the applicant wishes to dispute the Director’s decision, the applicant may request a hearing before the Aurora Appeals Tribunal. The decision of the Aurora Appeals Tribunal would be final, binding and would not be subject to any further appeal or a requirement for Council approval. Bylaw Services is proposing a non-refundable variance fee of $250.00, for an initial request to the Director of Corporate Services, and a fee of $450 for an appeal of the Director’s decision to the Aurora Appeal Tribunal. The below chart illustrates how neighbouring municipalities address non-compliant fences. Fence Exemption Process Delegated Authority Authority over Exemption Requests Exemption/Variance Fee Town of East Gwillimbury Yes No Appeals Committee $326.00 City of Richmond Hill Yes No Council $230.00 City of Vaughan Yes No Council $356.00 City of Markham Yes Yes Delegated – Manager of Bylaw Services None Town of Newmarket Yes Yes Delegated – Director; Appeals Tribunal $287.00 for application and $574.00 to appeal to Tribunal Page 81 of 174 December 1, 2020 4 of 6 Report No. CS20-025 Addition of Order and remediation provisions to address non-compliance provides staff with the necessary enforcement tools. The current Fence By-law leaves the Town with few options to achieve compliance other than voluntary or prosecution. At the recommendation of the Regional Municipality of York’s Prosecution Services Division, Bylaw Services has introduced a provision in the new by-law that would allow Officers to write an Order to Comply and remediate a violation should all other options prove unsuccessful. Additionally, remediation options will aid staff in addressing issues that pose health and safety concerns (sightline obstructions, deterioration, etc.). As part of the implementation of the new Fence By-law, amendments to the Fee’s and Charges By-law and Aurora Appeals Tribunal By-law will be required. The proposed changes to the Fee’s and Charges By-law will allow an appropriate fee structure to be implemented. The Aurora Appeals Tribunal By-law will require an update to grant the Appeals Tribunal authority to adjudicate matters relating to the new Fence By-law. In case a decision of the Director is appealed, the Tribunal will consider the same factors as the Director is required to take into consideration and issue a decision following a formal hearing. Additional minor updates will also be made to Appeals Tribunal By-law as a matter of housekeeping. Advisory Committee Review None. Legal Considerations The proposed Fence By-law provides new powers and authority with respect to managing fences in Aurora. The Director of Corporate Services will be granted authority to permit certain variances from by-law requirements, taking into account the factors described in this report. There will also be an appeal mechanism that will permit those who request a variance to have a hearing before the Aurora Appeal Tribunal body. The variance process will permit applicants to have their requests reviewed by an independent body and allow an opportunity for an oral hearing. The decision of the Aurora Appeal Tribunal will not be subject to any further appeal and will not require Page 82 of 174 December 1, 2020 5 of 6 Report No. CS20-025 authorization from Council. In cases of an existing non-compliance, where no variance is granted, the owners of such fences will be required to bring the fence into compliance. In order to facilitate the appeal process through the Aurora Appeal Tribunal, adjustments have to be made to grant the Tribunal powers to process such applications. The Aurora Appeal Tribunal is created and governed pursuant to Town by- laws and therefore can only act with respect to matters specifically assigned to it by Council. The Aurora Appeal Tribunal By-law will also undergo some housekeeping adjustments. Without the proposed introduction of powers to consider variations, any fence variation requests would need to be considered by Council. Further, the proposed Fence by-law will grant staff additional powers to remedy non- compliance. The by-law sets out regulations with respect to the issuance of orders and circumstances in which remedial action can be taken by staff. In order for staff to be able to take remedial action in the event of non-compliance, such authority needs to be granted pursuant to by-law. Without the proposed updates to the by-law, staff will continue to be limited with respect to enforcement tools. Financial Implications Persons who are found guilty of an offence under the by-law will upon conviction be liable to a fine provided for under the Provincial Offences Act. If approved, all noted fee amendments would need to be made to the Town’s current Fees and Charges bylaw. The updated bylaw schedules would be brought to Council for its review and approval at a future date. Communications Considerations The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There are five different levels of community engagement to consider, with each level providing the community more involvement in the decision making process. These levels are: Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in the Community Engagement Policy. These options are based on the International Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines for clearly communicating with our public and managing community engagement. In order to inform, Corporate Communications will create an education campaign using social media, the Town's Notice Board, website to let residents know about the new bylaw. Page 83 of 174 December 1, 2020 6 of 6 Report No. CS20-025 Link to Strategic Plan The proposed Fence By-law supports the Strategic Plan Goal of Supporting an Exceptional Quality of Life for all. Alternative(s) to the Recommendation 1. Council direct staff to not bring forward a new Fence By-law and Appeals Tribunal By-law for enactment, creating inefficiencies with respect to enforcement and lack of flexibility for residents. Conclusions For the reasons outlined in this report, Staff recommend that the new Fence By-law and Aurora Appeal Tribunal By-law be approved as presented at a future Council meeting. Attachments Attachment #1 – Fence By-law Draft Previous Reports Report CS20-001 – Fence By-law Exemption Request – 203 St. John’s Sideroad West, General Committee Report – June 2, 2020 Pre-submission Review Agenda Management Team review on November 11, 2020 Approvals Approved by Techa Van Leeuwen, Director, Corporate Services Approved by Doug Nadorozny, Chief Administrative Officer Page 84 of 174 The Corporation of the Town of Aurora By-law Number XXXX-20 Being a By-law to regulate and prescribe the standards for fences and pool enclosures. Whereas Subsection 11(3) 7 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”), provides that a local municipality may pass by-laws respecting structures, including fences and signs; And whereas section subsection 98(1) and (2) of the Municipal Act provides that a by- law may be passed by a municipality stating that the Line Fences Act, R.S.O. 1990, c. L.17 does not apply to all or part of the municipality, subject to the continuing applicability of section 20 of the Line Fences Act; And whereas Section 26 of the Line Fences Act states that it does not apply, except for section 20, to land in an area that is subject to a by-law for apportioning the costs of line fences passed under the Municipal Act; And whereas Subsection 8(1) of the Municipal Act provides that powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues; And whereas Subsection 391(1) of the Municipal Act provides that a municipality may pass by-laws imposing fees or charges on any persons for the use of its property including property under its control; And whereas Section 446 of the Municipal Act provides that a municipality may proceed to do things at a person's expense which that person is otherwise required to do under a by-law but has failed to do and to recover the costs of doing so by adding the costs to the tax roll and collecting them in the same manner as property taxes; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: Attachment 1 Page 85 of 174 1. Definitions 1.1 In this by-law, the following words have the following meanings: (a) “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23, as it may be amended or replaced from time to time; (a) “CBO” means the Chief Building Official of the Town as appointed pursuant to the Building Code Act; (b) “Clerk” means the Clerk of the Town as appointed pursuant to the Municipal Act, 2001, S.O. 2001, c. 25; (c) “Director” means the department head of the Corporate Services Department of the Town, or his/her designate or successor; (d) “Driveway” means any space on private property used, or intended to be used, by vehicles to park or to access parking; (e) “Fence” means a barrier, including one for noise attenuation, or any structure, except a structural part of a building, that wholly or partially screens from view, encloses or divides a yard or other land, or marks or substantially marks the boundary between adjoining land, and includes any hedge or shrub that has the same effect; (f) “Front Yard” means the space, extended to the full width of the lot, including any side Lot Lines, between the main front wall of the building and the Lot Line abutting a Public Highway, but on a corner lot means the space, extended to the full width of the lot, including any side Lot Line, between the shorter Lot Line abutting a Public Highway, other than a public lane, and the nearest wall of the main building on the lot; (g) “Guard” means as defined under Ontario Regulation 332/12, the Building Code of Ontario, or amended or successor thereof; (h) “Height” means the vertical distance above grade of ground level or, if another reference point is specified, vertical distance above the other reference point; (i) “Lot Line” means the boundary line of a lot that marks the division of properties; Page 86 of 174 (j) “Multiple Residential Property” means land that is not a Single Residential Property and that is primarily used for residential purposes, and also includes land used for hotels and vacant land that abuts a Multiple Residential Property, as prior defined; (k) “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended or successor thereto; (l) “Non-Residential Property” means land that is used for purposes other than for residential use, and includes land that is used for both residential and other purposes, and also includes vacant land abutting Non-Residential Property, as prior defined; (m) “Officer" means a person appointed by the Town as Municipal Law Enforcement Officer; (n) “Open-Fence Construction” means a Fence construction that provides motorists and pedestrians with an unobstructed view of people, vehicles and their movements through the entire length of the Fence; (o) “Outside” when used in reference to a Swimming Pool Enclosure, means the side external to the enclosed area in which the pool is located; (p) “Owner” means all registered owners of a property and also includes: (i) the owner in trust, (ii) a mortgagee in possession, (iii) any Person that is managing the property or is responsible for managing the property, (iv) any Person who collects rent on the property or is responsible for collecting rent on the property, and (v) any lessee or occupant of the property; (q) “Parking Lot” means any space on private property used, or intended to be used, by vehicles to park or to access parking that is not on a Single Residential Property; Page 87 of 174 (r) “Person" includes an individual, sole proprietorship, partnership, limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative; (s) “Public Highway” means any highway as defined under the Municipal Act and includes any street, road, sidewalk, boulevard, lane or any other portion of a highway; (t) “School” means any land or premises used for, or intended to be used for, a school site as defined under the Education Act, R.S.O. 1990, c. E.2; (u) “Single Residential Property” means and includes: (i) a property that is used for not more than two dwelling units in a detached or semi-detached building, and (ii) vacant land abutting Single Residential Property as defined in subparagraph (i) above; (v) “Snow Fence” means any Fence used to force drifting snow to accumulate in a predictable place, and which is usually constructed of plastic mesh, lightweight woodstrip, or wire fencing; (w) “Swimming Pool” means any outdoor structure or thing located on privately owned property that is capable of being used for swimming, wading or bathing and in which the water depth at any point can exceed 600 millimetres; (x) “Swimming Pool Enclosure” means a Fence, wall or other structure, including any permitted door, gate or other opening, which surrounds and restricts access to an outdoor Swimming Pool; (y) “Swimming Pool Enclosure Permit” means a written permit issued by the Town pursuant to this by-law authorizing the erection, construction, placing or maintenance of Swimming Pool Enclosure; (z) “Temporary Enclosure” means a Fence, wall or other structure, including any permitted door, gate or other opening, which temporarily surrounds and restricts access to an outdoor Swimming Pool or the site on which a Swimming Pool is being constructed; (aa) “Town” means The Corporation of The Town of Aurora and/or the geographical limits of the Town of Aurora, depending on the context of the provision in which the term appears; Page 88 of 174 (bb) “Tribunal” means the Aurora Appeal Tribunal as established by Town Council. 2. Interpretation and Application of this By-law 2.1 This by-law shall be known and may be cited as the “Fence By-Law”. 2.2 The provisions of this by-law shall apply to all lands and premises within the Town of Aurora. 2.3 Notwithstanding the above, this by-law does not apply to activities or matters undertaken by the Town or the Federal Government of Canada. 2.4 Unless otherwise specified, references in this by-law to parts, sections, subsections, clauses and schedules are references to parts, sections, subsections clauses, and schedules in this by-law. 2.5 The part and section headings contained throughout this document are for reference purposes only and do not form a part of this by-law. This by-law is to be interpreted without reference to such headings. 2.6 References in this by-law to any statute or statutory provisions include references to that statute or statutory provision as it may from time to time be amended, extended, or re-enacted. 2.7 This by-law shall be read with all changes in gender or number as the context requires. 2.8 References in this by-law to items in the plural include the singular, and references to the singular include the plural, as applicable. 2.9 The words “include”, “includes”, “including” are not to be read or interpreted as limiting the words, phrases, or descriptions that precede it. 2.10 If a court of competent jurisdiction declares any section, or any part of any section of this by-law to be invalid or to be of no force in effect, it is the intention of the Town that every other provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law. Page 89 of 174 2.11 This by-law and the provisions contained within are intended to be complementary to other by-laws passed by Council and in the event that any other applicable law requires a higher stander than the provisions contained in this by-law, the higher standard shall apply. 3. Planning Act Agreements 3.1 Where a property is subject to a site plan agreement under section 41 of the Planning Act, R.S.O. 1990, c. P.13 any Fences on such property shall comply with the applicable site plan agreement. In case of any conflict or inconsistency as between such a site plan and this by-law, the provision of the site plan agreement shall prevail. 3.2 Where a property is subject to a subdivision agreement under section 51 of the Planning Act any Fences on such property shall comply with the applicable subdivision agreement. In case of any conflict or inconsistency as between such a subdivision agreement and this by-law, the provision of the subdivision agreement shall prevail. 4. Prohibitions and Restrictions on Fences 4.1 No Person shall erect, own or maintain, or cause or permit the erection or maintenance of, any Fence that does not comply with this by-law and with any other applicable law. 4.2 No Person shall erect, own or maintain, or cause or permit the erection or maintenance of, any Fence: (a) that uses or is constructed of, wholly or partially, any barbed wire, chicken wire, or other barbed or sharp material; (b) that uses or is constructed of, wholly or partially, any sheet metal or corrugated metal panels; (c) that, wholly or partially, conducts electricity or contains a device that conducts electricity, unless the Fence is located on agricultural land that is in actual use for raising livestock and such Fence or electrical device: i) carries electricity of not more than 12 volts; Page 90 of 174 ii) is designed and installed only for the purpose of containing livestock; and iii) has signs installed at not more than twelve (12) metre intervals along the Fence warning that the Fence carries electricity; (d) That uses or wholly or partially consists of materials not usually intended for use in permanent fencing, unless specifically permitted by this by-law or another by-law. 4.3 Any Fence that is temporary shall not be erected or maintained, or be caused to be erected or maintained, for a period that is longer than 180 consecutive days or a total of 180 calendar days in any year, unless otherwise approved by the Director or associated to an active and valid building permit pursuant to the Building Code Act for the property on which such Fence is erected. 4.4 Notwithstanding Paragraph (d) of Subsection 4.2, a Snow Fence may be used in the time period between November 15 and April 15, provided that it complies with all corresponding standards in this and other applicable bylaws. 4.5 Unless otherwise provided in this by-law, the types of Fences described in the table in Schedule “A” shall comply with the Height restrictions as outlined in Schedule “A”, subject to the following: (a) when measured at any point along its length from the average grade level measured perpendicular to and one meter away on either side of the Fence, the described Fences shall not exceed the associated Height restrictions outlined in Schedule “A”; (b) where more than one description in the following table applies to a Fence, each part that corresponds to a single description shall be deemed to be a separate Fence for the purpose of determining the maximum Height for that part; (c) despite the Height restrictions set out herein, a Fence at any School may be up to a maximum of 1.5 meters in Height if such Fence is adjacent to a Public Highway or right-of-way. Page 91 of 174 4.6 Unless otherwise provided in this by-law, all Fences shall comply with the following requirements with respect to Driveways and Parking Lots: (a) any Fence located within 2.4 meters of any Driveway shall be an open mesh chain-link Fence, or of an equivalent Open-Fence Construction, for at least 2.4 meters from the Lot Line at which the Driveway begins so as not to obstruct the view of the boulevard or highway; (b) on or around a Parking Lot, any Fence shall be an open mesh chain-link Fence, or of an equivalent Open-Fence Construction, anywhere it may otherwise restrict the sight lines of vehicular or pedestrian traffic in the Parking Lot; and (c) no vegetation shall be permitted to grow and no object shall be placed in such a way as to obstruct the view through a Fence to which the aforementioned paragraphs (a) or (b) apply. 4.7 Any part of a Fence erected or located within 60 centimeters of a building on an adjacent property shall be constructed with removable panels or have hinged panels, or otherwise constructed in such a way to provide ease of access to such adjacent building. Notwithstanding the above, the requirement to provide removable panels or access to a building only applies with respect to buildings that fit into the definition of a building under the Building Code Act and are legally erected, pursuant to the Building Code Act, prior to the Fence being put in place. 4.8 Where a Fence is used as a Guard, it shall be installed and maintained in compliance with the provisions of the Building Code Act and the associated regulations. Further, if a Guard forms part of a Swimming Pool Enclosure, it shall also comply with the requirements of Section 5 of this by-law. In the case that more than one by-law requirement or more than one by-law apply with respect to Guard requirements, the more restrictive provisions shall apply. 5. Swimming Pool Enclosure Permits 5.1 No Person shall excavate for or erect, or cause to be excavated for or erected, a privately-owned outdoor Swimming Pool without first obtaining a Swimming Pool Enclosure Permit for the premises on which the Swimming Pool is to be located. Page 92 of 174 5.2 An application for a Swimming Pool Enclosure Permit shall be submitted to the CBO on a form as prescribed by the CBO. 5.3 The form, content, terms, conditions and requirements of the application for a Swimming Pool Enclosure Permit shall be as prescribed by the CBO from time to time and the CBO may, without limiting the CBO’s authority to prescribe the application and its form, content, terms, conditions and requirements, require as part of an application: (a) a detailed accurate site plan that illustrates the location of and the setback measurements of the fencing, easements, pool and all buildings; (b) the applicant to agree to any terms and conditions as prescribed by the CBO; (c) any affidavits, drawings, plans, surveys, photographs and other documents the CBO deems to be necessary in order to assess the proposed application; and (d) any information deemed necessary by the CBO to be able to evaluate the application with respect to the proposed activities and the associated timeframes. 5.4 In addition to the above, any premises subject to an application for a Swimming Pool Enclosure Permit located within the Lake Simcoe Region Conservation Area (LSRCA) or the Toronto Region Conservation Authority (TRCA) must receive approval in writing from the LSRCA or the TRCA, as applicable, prior to submitting the Swimming Pool Enclosure Permit application to the CBO. 5.5 Upon receipt of an application for a Swimming Pool Enclosure Permit and receipt of the applicable fees, as established in the Town’s Fees and Charges By-law, the CBO shall make investigations as necessary to assess the application and may, in accordance with the criteria and requirements set out in this by-law: (a) issue a Swimming Pool Enclosure Permit after receipt of a complete application for an enclosure that meets all the requirements of this by-law; (b) in the case of an approved application for a Swimming Pool Enclosure Permit, impose such terms and conditions on the Swimming Pool Enclosure Permit as deemed appropriate by the CBO: Page 93 of 174 (i) for the protection of any public infrastructure and property abutting the area subject to the Swimming Pool Enclosure Permit, (ii) for the protection of health, safety and well-being of persons and the environment, (iii) for the purposes of administration of the Swimming Pool Enclosure Permit and the operations of the Town, (iv) for the purposes of maintaining proper standards and workmanship, (v) for the purposes of protecting the Town interests with respect to any risks associated with the work or activities pursuant to the Swimming Pool Enclosure Permit and the use of a Swimming Pool, and (vi) to satisfy any requirements of this by-law or any other applicable legislation. (c) refuse to issue a Swimming Pool Enclosure Permit if: (i) the application is not completed, all the information as required under this by-law is not provided or the application does not meet all the requirements of this by-law, or (ii) the required fees are not provided. 5.6 In addition to the above, the CBO may, on his or her own initiative, acting reasonably: (a) alter or revoke the terms and conditions of a Swimming Pool Enclosure Permit after it has been issued; or (b) impose new terms and conditions in a Swimming Pool Enclosure Permit. 5.7 A Swimming Pool Enclosure Permit holder shall immediately inform the CBO of any change to: Page 94 of 174 (a) the information contained in an application for a Swimming Pool Enclosure Permit; (b) the information contained in a Swimming Pool Enclosure Permit that has been issued; (c) the characteristics of the activity or work for which the Swimming Pool Enclosure Permit has been issued; or (d) the cancellation of any related activity or work. In the case of any such change, the CBO may require revised or additional information, additional fees, or a new application with respect to the change. 5.8 A Swimming Pool Enclosure Permit shall be time limited and shall expire pursuant to the terms and conditions as set out in the Swimming Pool Enclosure Permit, upon completion of the work or activity governed by the Swimming Pool Enclosure Permit or revocation of such Swimming Pool Enclosure Permit, whichever occurs first. 5.9 Prior to the expiry of a Swimming Pool Enclosure Permit, a Swimming Pool Enclosure Permit holder may apply for an extension to the Swimming Pool Enclosure Permit, and the CBO may approve of such extension. 5.10 The CBO may revoke a Swimming Pool Enclosure Permit if the Swimming Pool Enclosure Permit holder, or parties conducting the work or activities pursuant to the Swimming Pool Enclosure Permit: (a) fail to comply with the terms and conditions of such a Swimming Pool Enclosure Permit or fail to comply with this by-law; (b) fail to notify the CBO immediately of any of the changes referred to in subsection 5.7 of this by-law; (c) fail, within ninety (90) days after the issuance of the Swimming Pool Enclosure Permit, to commence the work or activity, beyond a preliminary or nominal level, for which the Swimming Pool Enclosure Permit was obtained; Page 95 of 174 (d) substantially discontinue the work or activity for a period of more than thirty (30) days; (e) provide false or inaccurate information in the application for the Swimming Pool Enclosure Permit; or (f) any Person doing work on behalf of the Swimming Pool Enclosure Permit holder has failed to comply with any applicable law, statutes, regulations, orders, standards, codes, by-laws or rules. 5.11 In addition to the above, the CBO may immediately suspend or revoke a Swimming Pool Enclosure Permit issued under this by-law, in writing, where the CBO is satisfied that a suspension or revocation is necessary in an emergency situation of immediate threat or danger to public infrastructure, any abutting property or to any Person. 5.12 The CBO may give notice of the suspension or revocation of a Swimming Pool Enclosure Permit by contacting a Swimming Pool Enclosure Permit holder in writing, by telephone or by email in accordance with the contact information provided on the Swimming Pool Enclosure Permit application. 5.13 Any decision of the CBO pursuant to this Section shall be final without a right to appeal to the Council. 6. Swimming Pool Enclosures and Temporary Enclosures 6.1 Every Owner of a property on which a privately-owned outdoor Swimming Pool is located shall erect and maintain, or cause to be erected and maintained, a Swimming Pool Enclosure completely around the privately-owned outdoor Swimming Pool, which enclosure: (a) shall extend from the ground to a Height, measured on the Outside of the enclosure, of not less than 1.5 meters along its entirety, including gates therein; (b) may incorporate all or portion of the wall of a building, but no entrances to the pool area shall be permitted through such wall unless the entrance is set back a minimum distance of 1.8 meters from the waters edge of the pool; Page 96 of 174 (c) may incorporate one or more gates of equivalent material and construction as the Swimming Pool Enclosure and every such gate shall not be less than 1.5 meters in Height along its entirety, be supported on hinges that are designed and capable of supporting the weight of the gate, be self closing and equipped with self latching devices placed on the inside of the gate at or near the top; (d) the enclosure and any gates shall be closed and locked at all times when a responsible person is not present and supervising the Swimming Pool or pond; (e) shall not include self-latching devices with any quick release device that permits the gate to be opened from Outside of the enclosure; (f) shall be located not less than 1.2 meters from the waters edge and in the case of an above ground systems pool with a deck and a Fence forming part of the system, the waters edge may be as close as 0.5 meter to the Fence portion of the systems; (g) shall not include the main entrance to the building within the enclosure; (h) shall be constructed in such a manner that a space of not more than 10 centimetres shall be permitted at any point between the bottom of the Fence and the ground. 6.2 All parts of a Swimming Pool Enclosure, including the gate, shall be constructed in compliance with the following standards: (a) any wood Fence that is used in or as part of a Swimming Pool Enclosure shall be constructed in a good, workmanlike manner as follows: (i) vertical boards shall be: 1. made up of at least 19 millimetre by 89 millimetre lumber; 2. spaced at least 38 millimetres apart where horizontal rails are spaced less than 1.2 metres apart; 3. spaced at least 100 millimetres apart where horizontal rails are spaced 1.2 metres apart or more; Page 97 of 174 4. attached to horizontal rails that are: [A] made up of at least 38 millimetre by 89 millimetre lumber; and [B] supported on posts that are at least 89 millimetres by 89 millimetres, spaced not more than 2.4 metres apart, securely fastened to the ground and structurally sound. (ii) horizontal boards shall be: 1. made up of at least 19 millimetre by 89 millimetre lumber; 2. spaced not more than 20 millimetres apart; 3. offset or protruding not more 15 millimetres from the board immediately above or below; and 4. not more than 2.4 metres in length. (b) any metal picket Fence that is used in or as part of a Swimming Pool Enclosure shall be constructed in a good, workmanlike manner as follows: (i) vertical pickets shall be spaced not more than 38 millimetres apart where horizontal rails are spaced less than 1.2 metres apart and not more than 100 millimetres apart where horizontal rails are spaced at least 1.2 metres apart; and (ii) horizontal rails shall be supported on posts that are spaced not more than 2.4 metres apart, securely fastened to the ground and structurally sound. (c) Any glass panel Fence that is used in or as part of a Swimming Pool Enclosure shall be constructed in a good workmanlike manner as follows: (i) glass panels shall be located so there is no opening of more than 38 millimetres between the panel and the post where horizontal elements are spaced less than 1.2 metres apart, and not more than 100 millimetres apart where horizontal elements are spaced more than 1.2 metres apart; (ii) horizontal elements shall be supported on posts that are spaced not more than 2.4 metres apart, securely fastened to the ground and structurally sound; and (iii) glass panels used in Swimming Pool Enclosures shall be: Page 98 of 174 1. safety glass of the laminated or tempered type conforming to CAN/CGSB-12.1-M "Tempered or Laminated Safety Glass"; or 2. wired glass conforming to CAN/CGSB-12.1-M "Wired Safety Glass”. (d) any chain-link Fence that is used in or as part of a Swimming Pool Enclosure shall be constructed in a good, workmanlike manner and made up of not greater than 40 millimetres diamond mesh, and galvanized steel wire not less than 2.680 millimetres diameter (11 gauge); (e) any wrought iron Fence that is used in or as part of a Swimming Pool Enclosure shall be constructed in a good, workmanlike manner and with at least 1 meter between horizontal members and with no greater than 10 centimeters of spacing between vertical bars; or (f) a combination of the above or such other material design or construction as will provide an equivalent degree of safety and which is approved in writing by the CBO. 6.3 Where a Swimming Pool Enclosure or Temporary Enclosure is a building, accessory building or structure, it shall be constructed of materials that will withstand weathering and will remain in place when reasonable loads are applied. 6.4 No Swimming Pool Enclosure or Temporary Enclosure shall have any unprotected openings that would permit the passage of a sphere larger than 100 millimetres in diameter within or below the enclosure. 6.5 No Swimming Pool Enclosure or Temporary Enclosure shall have any members or attachments that could facilitate climbing on the exterior face of a pool enclosure or temporary enclosure for a distance between 100 millimetres and 1.2 meters from the grade. 6.6 No condition that facilitates climbing a Swimming Pool Enclosure or Temporary Enclosure may be permitted to remain within 1.0 meter of the exterior of the pool enclosure or temporary enclosure. 6.7 Notwithstanding any other provisions of this by-law, a Temporary Enclosure: (a) shall have a Height of not less than 1.2 meters along its entirety; Page 99 of 174 (b) may be constructed of plastic mesh having openings no greater than 38 millimetres; (c) shall have a steel T-bar post installed at intervals no less than every 2 meters; (d) shall have a 9-gauge galvanized steel wire located at the top and bottom of such fencing; and (e) shall be continuously erected and maintained in a workmanlike manner. Notwithstanding the above requirements, a temporary enclosure may be constructed in a manner that in the opinion of the CBO will provide a satisfactory degree of safety, provided such is approved by the CBO in writing prior to its construction. 6.8 For an above-ground Swimming Pool, the exterior side of the above-ground Swimming Pool structure and any rail or Guard attached thereto shall constitute a Pool Enclosure and the provisions of this by-law shall apply to such sides of the Swimming Pool. In addition, the Owner of the property on which such above- ground Swimming Pool is located and shall ensure the following requirements are complied with at all times: (a) the means of entry within the Swimming Pool Enclosure shall be kept closed and locked except when the Swimming Pool or enclosed area is in use by the Owner, it's invitees or licensees; (b) where the means of entry to the Swimming Pool Enclosure is with a ladder, such ladder shall be removable from the vicinity of the pool or be designed to be lifted and locked or be designed to have a lockable cover when the pool is not in use; (c) the exterior sides of the above-ground Swimming Pool structure and the Outside face of any rail or Guard shall be constructed as a Swimming Pool Enclosure, in a manner that will not facilitate climbing; (d) where a platform or deck is constructed adjacent to an above-ground Swimming Pool and such platform or deck is higher than 0.6 meter above the adjacent grade, a rail or Guard of not less than 0.9 meter in Height shall be provided around the Outside perimeter of such deck; notwithstanding the Page 100 of 174 other provisions of this by-law, such a rail or Guard may be constructed within 1.2 meters of the nearest edge of the water contained in the above-ground Swimming Pool; (e) notwithstanding any other provisions of this by-law, the combined Height of the exterior sides of the Swimming Pool structure and any rail or Guard attached thereto shall be a minimum of 1.5 meters and may be a maximum of 2.5 meters in Height above the adjacent grade; and (f) the pool, platform and/or deck shall be setback from the Lot Lines in accordance with the Town’s applicable zoning by-law or regulations. 7. Pool Construction and Filling of New Pools 7.1 While under construction, every privately owned outdoor Swimming Pool, or the site on which a Swimming Pool is to be constructed, shall be enclosed with a Temporary Enclosure, as described in this by-law, until such time as construction is completed and a Swimming Pool Enclosure has been erected in compliance with the provisions of this by-law. 7.2 No Person shall place or allow water to remain in a newly constructed Swimming Pool, until: (a) the CBO or their designate has been notified and the Pool Enclosure has been inspected and accepted; and (b) the provisions of this by-law and applicable law have been fully complied with. 7.3 Despite Section 6.10, a Person may fill a Swimming Pool with water when a Temporary Enclosure has been erected in compliance with this bylaw, but the Swimming Pool shall not be used until a permanent Swimming Pool Enclosure has been erected and the Town has conducted an inspection and confirmed completion of the permanent Swimming Pool Enclosure in compliance with this bylaw and the applicable Swimming Pool Enclosure Permit. 8. Hot Tubs and Whirlpools 8.1 Notwithstanding the provisions of this by-law, a Swimming Pool that is a hot tub, whirlpool, or swim spa and has a structurally adequate cover over its entirety that Page 101 of 174 is permanently attached, that may be locked and that will support a weight of at least 27.2 kilograms, is not required to be enclosed by a Swimming Pool Enclosure or a Temporary Enclosure at any time and is not required to have a Swimming Pool Enclosure Permit in place to conduct construction. 8.2 The Owner of a property on which a Swimming Pool that is a hot tub, whirlpool, or swim spa is located shall ensure that the cover for such remains securely closed and locked at all times when it is not in use by the Owner, its invitees or licensees. 9. Fence Variances 9.1 Where a proposed or existing Fence does not comply with this By-law, the Owner of the lot on which the Fence is or is proposed to be constructed, or an authorized agent of the Owner, may request a variance from any of the applicable provisions of this by-law. 9.2 An application for a variance shall be made on the form prescribed by the Town and shall be accompanied by the non-refundable variance application fee, as prescribed in the Fees and Charges By-law. 9.3 The form, content, terms, conditions and requirements of an application for a variance shall be as prescribed by the Director from time to time and the Director may, without limiting the Director’s authority to prescribe the application and its form, content, terms, conditions and requirements, require as part of an application: (a) the name, address and contact information of the applicant; (b) the address of the lot subject to the variance request; (c) enumeration of the specific Section(s) of the by-law from which the variance is sought; (d) a detailed description explaining why the applicant requires the variance; (e) a description of the Fence, or proposed Fence, including the dimensions and the specifications of the construction and installation; (f) a survey of the lot identifying the location of the Fence, or proposed Fence; (g) a site plan of the lot identifying the location of the Fence, or proposed Fence; Page 102 of 174 (h) proof of notification of property Owners of properties that abut the property subject to the proposed variance by personal service or prepaid first class mail, which notification shall: (i) set out the specifications of the Fence, or proposed Fence, subject to the proposed variance; (ii) describe the reason(s) for the exemption request, and (iii) inform that objections to the proposed variance are to be forwarded to the Director within ten (10) days of receipt of the notification; (i) any affidavits, drawings, plans, surveys, photographs and other documents the Director deems to be necessary in order to assess the proposed application; (j) Any information deemed necessary by the Director to be able to evaluate the application with respect to the proposed variance and the associated timeframes. 9.4 Upon receipt of a complete application for a variance and receipt of the applicable fees, as established in the Town’s Fees and Charges By-law, the Director shall make investigations as necessary to assess the Application and consider the evaluation criteria outlined herein and may, in accordance with the criteria and requirements set out in this by-law: (a) approve the variance; (b) refuse the variance; (c) impose such conditions and terms on an approved variance as deemed appropriate by the Director. 9.5 As part of reviewing and evaluating any application for a variance, the Director shall consider whether: (a) it is in accordance with the general intent and purpose of this by-law; (b) the resulting Fence with the variance would be in keeping with the surrounding area and would there be any negative impact on adjacent residents; Page 103 of 174 (c) there any special circumstances and whether strict application of the provisions of this by-law would result in unnecessary difficulty or hardship for the applicant; and (d) Approval of the variance would result in any impacts to the health, safety or welfare of the public. 9.6 Upon making a decision pursuant to Section 9.4 and 9.5, the Director shall inform the applicant, as well as any abutting neighbours that submitted objections to the Town, by way of a written notice setting out the grounds for the decision with reasonable particulars, and informing of the right to appeal such decision to the Tribunal by the applicant. 9.7 An applicant that is served with a decision notice pursuant to Section 9.6, may request an appeal of the decision of the Director to the Tribunal by delivering an appeal notice to the Clerk, in accordance with the provisions of this by-law and of the Tribunal By-law, within fifteen (15) calendar days of deemed receipt of the decision notice. 9.8 A request for an appeal to the Tribunal pursuant to Section 9.7 shall be made in writing, shall set out the reasons for the appeal and shall be accompanied by an appeal fee, as set out in the Fees and Charges By-law. 9.9 Subject to the provisions of the Tribunal By-law, if a request for an appeal is not provided to the Clerk in accordance with the provisions of this and the Tribunal By- law within fifteen (15) calendar days of deemed receipt by the applicant of the notice pursuant to Section 9.6, the decision of the Director is deemed to be final. 9.10 Upon receipt of a notice to appeal a decision of the Director pursuant to Section 9.7, such request shall be processed and handled in accordance with the Tribunal By-law. 9.11 In deciding an appeal of a decision of the Director with respect to a Fence variance, the Tribunal shall consider the factors outlined in Section 9.5. 9.12 Any variance granted pursuant to this Section 9 by the Director or the Tribunal shall be effective and valid until such time as the Fence to which the variance applies is substantially replaced or removed entirely. Page 104 of 174 9.13 Where an applicant makes a request for an appeal pursuant to Section 9.7 and fails to appear at the time and place scheduled for the hearing of the appeal, or requests an adjournment on the day of the scheduled hearing, the applicant shall pay to the Town an administrative fee of $100.00, which may be refunded at the discretion of the Tribunal if the nonattendance was unavoidable or the adjournment is in the public interest, not prejudicial to the expeditious determination of the proceeding or otherwise justified. 10. Administration and Enforcement 10.1 The Director and the CBO shall be responsible for and are delegated the power to administer and enforce this by-law, including prescribing the content of any forms or other documents required under this by-law. 10.2 The CBO shall be responsible for and is delegated the power to issue, revoke, suspend, set conditions of, process and administer Swimming Pool Enclosure Permits and any related applications. 10.3 The Director, the CBO and Officers of the Town are hereby delegated the authority to enforce this by-law, including the authority to conduct inspections pursuant to this by-law, the Act, as amended, and any other applicable by-law or legislation. 10.4 The Director and the CBO is authorized to delegate responsibilities for the administration and enforcement of this by-law to any Town staff or external third parties deemed to be qualified and appropriate by the Director or CBO for such purposes. 11. Power of Entry, Inspection, Prohibitions 11.1 An Officer, or any other individual authorized to enforce this by-law on behalf of the Town, may at any reasonable time enter upon any land for the purpose of carrying out an inspection to determine whether the following are being complied with: (a) this by-law; (b) any permit issued pursuant to this by-law, (c) any direction or order under this by-law; or Page 105 of 174 (d) an order issued under Section 431 of the Act. 11.2 Where an inspection is conducted pursuant to this Section, an Officer or any other individual authorized to enforce this by-law on behalf of the Town, may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies and extracts; (c) require information from any Person concerning a matter related to the inspection; and (d) alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection. 11.3 No Person shall hinder or obstruct or attempt to hinder or obstruct the Town, its employees, officers or agents from carrying out any powers or duties under this by- law. 11.4 No Person shall fail to comply with, or contravene, any order or direction issued by the Town pursuant to this by-law or the Act. 11.5 Where an Officer, or an individual authorized to enforce this by-law, has reasonable grounds to believe that an offence has been committed by any Person, they may require the name, address and proof of identity of that Person, and the Person shall supply the required information. 11.6 No Person shall decline or neglect to give, produce or deliver any access, information, document or other thing that is requested by the Town pursuant to this by-law. 11.7 No Person shall knowingly make, participate in, assent to or acquiesce in the provision of false information in a statement, affidavit, application or other document prepared, submitted or filed under this by-law. 12. Orders Page 106 of 174 12.1 Where any Officer or the CBO is satisfied that a contravention of this by-law has occurred, such Officer or CBO may make an order requiring the Person who caused or permitted such contravention, or the Owner of the land on which the contravention occurred, to discontinue the contravening activity and/or to do work to correct the contravention. 12.2 An order pursuant to this Section shall set out the following: (a) reasonable particulars identifying the location of the land on which the contravention occurred; (b) reasonable particulars of the contravention; (c) what is required of the Person subject to the order (i.e., what activity is to be seized and/or actions or work to be done); (d) the date by which there must be compliance with the order and/or, if any work is ordered, the date by which any such work must be done; and (e) information regarding the Town's contact person. 12.3 An order pursuant to this Section shall be deemed to have been received upon: (a) personal service of the order on the Person subject to the order; (b) one day after transmission of the order through electronic means to an email or social media address provided by the Person subject to the order; (c) one day after posting the order in a conspicuous location on the property subject to the order; (d) the fifth (5th) day after the order is sent by registered mail to the last known address of the Person who is subject to the order. 12.4 In the case where there is evidence that the occupant of the land subject to an order is not the registered property owner, such order shall be served on both the registered property owner and the occupant of the land. 13. Remedial Action and Cost Recovery 13.1 Wherever this by-law or an order issued under this by-law directs or requires any matter or thing to be done by any Person within a specified time period, in default of it being done by the Person directed or required to do it, the action may be taken Page 107 of 174 under the direction of the Director, CBO or an Officer at that Person’s expense and the Town may recover the costs incurred through a legal action or by recovering the costs in the same manner as taxes. 13.2 For the purposes of taking remedial action under this Section, the Town, its staff and/or its agents may enter, at any reasonable time, upon any lands on which a default to carry out a required thing or matter occurred. 14. Offences and Penalties 14.1 Every Person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 14.2 Every Person who contravenes any order issued pursuant to this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 14.3 If a corporation has contravened a provision of this by-law, including an order issued under this by-law, every director and officer who knowingly concurred in such a contravention is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 14.4 Pursuant to Subsection 429(2) of the Act, all contraventions of this by-law or orders issued under this by-law are designated as multiple offences and continuing offences. If a contravention of any provision of this by-law has not been corrected, or an order issued under this by-law has not been complied with, the contravention of such a provision or an order shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected or an order not complied with. A multiple offence is an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law. 14.5 In addition to fines under this Section, a Person convicted of an offence under this by-law may be liable to a special fine in the amount of the economic advantage or gain that such a Person obtained from the contravention of this by-law. 14.6 Where a Person is convicted of an offence under this by-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, Page 108 of 174 may make an order prohibiting the continuation or repetition of the offence by the Person convicted. 15. Administrative Penalties 15.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, for a breach of any provision of this by-law, an individual authorized to enforce this by-law on behalf of the Town may issue an administrative penalty to the Person who has contravened this by-law. 15.2 Individuals authorized to enforce this by-law on behalf of the Town have the discretion to either proceed by way of an administrative penalty or a charge laid under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative penalty is issued to a Person for the breach, no charge shall be laid against that same Person for the same breach. 15.3 The amount of the administrative penalty for a breach of a provision of this by-law, shall be as established pursuant to applicable Town by-laws. 15.4 A Person who is issued an administrative penalty shall be subject to the procedures as provided for in the applicable Town by-laws relating to administrative penalties. 15.5 An administrative penalty imposed on a Person pursuant to this by-law that is not paid within fifteen (15) days after the day it becomes due and payable, constitutes a debt of the Person to the Town and may be added to a municipal tax roll and collected in the same manner as municipal taxes. 16. Presumption 16.1 An Owner of a property on which a non-compliance or contravention has occurred shall be presumed to have carried out or caused or permitted to be carried out the non-compliance or contravention, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 17. Line Fences Act Page 109 of 174 17.1 With the exception of Section 20 of the Line Fences Act, the Line Fences Act shall not apply to any part of the Town. 18. Severability 18.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid or to be of no force and effect, it is the intention of the Town in enacting this by-law that such provision or part of a provision shall be severable, and such a decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of this by-law. 19. Repeal 19.1 By-laws Number 4753.05.P and Number 6086-18, all as amended, are hereby repealed. 20. Effective Date 20.1 This by-law comes into full force and effect on the date of final passage hereof. Enacted by Town of Aurora Council this xxth day of Month, Year. ___________________________________ Tom Mrakas, Mayor ___________________________________ Michael de Rond, Town Clerk Page 110 of 174 Schedule “A” TABLE 1 MAXIMUM HEIGHT OF FENCES Item # Description of Fence Fence on Single or Multiple Residential Property Fence on Non- Residential Property Hedge, shrub, or other vegetation that acts as a Fence. 1. Fence in a Front Yard; And within 2.4 meters of a Lot Line abutting a Public Highway (A Public Highway does not include a public lane) 1.2 meters 1.2 meters 1.2 meters 2. Fence in a Front Yard; And within 2.4 meters of a Lot Line abutting a Public Highway (A Public Highway does not include a public lane) 2.0 meters 2.0 meters No Maximum 3. Fence not in a Front Yard; and within 2.4 meters of a side Lot Line abutting a Public Highway (A Public Highway does not include a public lane); and within 2.4 meters of a Driveway. 2.0 meters 2.0 meters 2.0 meters 4. Fence not in a Front Yard; and between 2.4 meters from a side Lot Line abutting a Public Highway (A Public Highway does not include a public lane) and the nearest wall of the main building extended to the rear Lot Line; and within 2.4 meters of a Driveway 2.0 meters 2.5 meters No Maximum Page 111 of 174 5. Fence on an unroofed deck; and not in a Front Yard; and not within 2.4 meters of a Lot Line abutting a Public Highway (a Public Highway does not include a public lane) 2.0 meters above surface of deck 2.0 meters above surface of deck No Maximum 6. Fence not in a Front Yard that also is not a Fence under items 3, 4, or 5 of this table and abutting a multi- residential property, a Non-Residential Property, a Public Highway or a public walkway. 2.5 meters 2.5 meters No Maximum 7. Fence for a tennis court, baseball diamond, or other recreational facility. 3.0 meters No Maximum No Maximum 8. An Entry gate and associated entry features in a Rural Residential or Institutional Zone. 3.0 meters N/A 3.0 meters Page 112 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. CS20-026 _______________________________________________________________________________________ Subject: Pending List Update Prepared by: Samantha Yew, Deputy Town Clerk Department: Corporate Services Date: December 1, 2020 _______________________________________________________________________________________ Recommendation 1. That Report No. CS20-026 be received; and 2. That items marked “Completed” be removed from the Pending List. Executive Summary This report is to provide Council with an update on staff responses to motions adopted by Council.  The Pending List is reviewed annually Background The Pending List is reviewed annually The Pending List is a document brought to Council annually to provide an update regarding the progress staff have made on various items to be reported back to Council. Any items noted as completed will be removed from future Pending Lists. Analysis None Page 113 of 174 December 1, 2020 2 of 3 Report No. CS20-026 Advisory Committee Review None Legal Considerations None Financial Implications None Communications Considerations None Link to Strategic Plan None Alternative(s) to the Recommendation 1. That Council provide direction. Conclusions The Pending List is an important tool used to provide updates regarding items that require reporting back to Council. Attachments Attachment 1 – Pending List as of November 6, 2020 Previous Reports CAO20-001, Pending List Update, March 3, 2020 Page 114 of 174 December 1, 2020 3 of 3 Report No. CS20-026 Pre-submission Review Agenda Management Team review on November 12, 2020 Approvals Approved by Techa Van Leeuwen, Director, Corporate Services Approved by Doug Nadorozny, Chief Administrative Officer Page 115 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 1 CAO 1 2020-04-28 Motion (a) Mayor Mrakas; Re: Financial Support of the Aurora Cares Community Action Team Be It Further Resolved That the Aurora Cares Community Action Team report back to Council on its results achieved from these transferred monies. CAO Pending Interim report planned for 1st quarter of 2021. CAO 2 2020-05-26 Motion (c) Councillor Thompson Re: Municipal Service Level and Delivery Review Now Therefore Be It Hereby Resolved That the Town of Aurora consider a Municipal Services Review to identify actions and directions that could result in a more efficient and cost-effective service delivery, enhanced organizational and operation procedures, new revenue streams, and potential savings; and Be It Further Resolved That this item be referred to the 2021 budget with an estimate on the cost of conducting a service review; and Be It Further Resolved That pending Council’s approval of the cost to conduct a review, the CAO be directed to finalize and issue a Request for Proposal for a Service Level and Delivery Review no later than February 2021. CAO Pending Capital item prepared for budget deliberations. If approved, project to commence in January 2021. CAO 3 2020-07-14 Motion (c) Councillor Kim and Mayor Mrakas Re: Anti-Black Racism and Anti-Racism Task Force Be It Further Resolved That the Task Force will report at least annually on the progress made on diversity and inclusion in alignment with the Employment Equity Act and Bill C-25. CAO Completed Committee created. Page 116 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 2 CMS 1 2020-01-28 Motion (b) Councillor Kim Re: Tennis Court Permitting Now Therefore Be It Hereby Resolved That staff investigate a tennis usage strategy not limited to: (a) Allowing no permits; (b) Limited permits to certain entities; (c) Limiting permits to certain tennis facility; (d) Limiting permits to certain times; (e) Creating signs on every Town tennis court facility that will create clarity on order of play and overall fairness to the public; and 2. Be It Further Resolved That staff recommendations come back to Council by the February cycle in order to implement for the 2020 tennis season. CMS Pending Report to February 18 GC meeting Completed CMS20-006 – Tennis/Pickle Ball Court Permits CMS 2 2020-05-26 Motion (b) Mayor Mrakas Re: Downtown Street Wall Mural Program Now Therefore Be It Hereby Resolved That staff be directed to report back to Council regarding a Downtown Street Wall Mural program where local artists would create wall murals on Town-owned retaining walls along Yonge Street in the Downtown Core (Aurora Heights Drive to Kennedy Street); and Be It Further Resolved That at least one Town-owned retaining wall shall be dedicated to our frontline workers, and the remaining Town-owned retaining wall murals shall be dedicated to the Town of Aurora; and Be It Further Resolved That the report include guidelines for program objectives and eligibility requirements and timelines for selecting local artists. CMS Completed CMS20-017 –Downtown Street Wall Mural Program Guidelines Page 117 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 3 CMS 3 2020-06-23 CMS20-012 – Library Square – Governance Review That staff work with stakeholders to develop a fees and charges schedule for Library Square and report back to Council at a later date; and Pending CMS 4 2020-06-23 CMS20-014 – Hallmark Lands: Request for Information and User Group Survey Results That staff report back to Council with an updated budget request prior to awarding the contract, if required. CMS OPS Pending To be presented during Budget discussions CMS 5 2020-10-27 9.1 Councillor Kim, Re: Great Canadian Achievements Mural Now Therefore Be It Hereby Resolved That staff investigate locations in Aurora for a second wall to celebrate the diversity in “Great Canadian Achievements” and report back to Council. CMS Pending Page 118 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 4 CS 1 2015-05-26 1 (2) LLS15-035 – Request for an Encroachment Agreement (29 Mendy’s Forest) and That Item 1(2) LLS15-035 – Request for an Encroachment Agreement (29 Mendy’s Forest) be deferred until such time that staff reports back to Council regarding the policy for management of encroachments throughout the Town. CS Completed Bylaw 6288-20, being a bylaw to regulate occupancy, fouling, construction and encroachments on highways enacted on October 27, 2020. 1 (3) LLS15-036 – Request for an Encroachment Agreement (50 Pineneedle Drive) That Item 1(3) LLS15-036 – Request for an Encroachment Agreement (50 Pineneedle Drive) be deferred until such time that staff reports back to Council regarding the policy for management of encroachments throughout the Town. CS CS 2 2019-09-10 Motion (a) Councillor Gaertner Re: Noise By-law Review Now Therefore Be It Hereby Resolved That staff follow what is happening in City of Toronto and other municipalities, and begin the process of a comprehensive review of the Town’s Noise By-law. CS In progress Targeting Q1, 2021 CS 3 2019-09-24 CS19-034 – Noise Exemption Request – 25 Butternut Ridge Trail That a by-law to amend Noise By-law No. 4787-06.P be brought forward to a future Council meeting providing delegated authority to staff for the approval of noise exemptions for continuous pouring of concrete that cannot be interrupted once the operations have commenced. CS Pending – Will be considered as part of the comprehensive review of Noise By-law CS 4 2019-11-12 CS19-025 – Fence By-law Exemption Request – 203 St. John’s Sideroad West That Report No. CS19-025 be referred back to staff; and That staff be authorized to report back on achieving compliance with fences and gates throughout the Town. CS In progress Final report regarding Fence By-law amendments will be brought forward December 1, 2020. CS 5 2019-11-12 Motion (b) Mayor Mrakas, Re: By- law to Regulate Short-Term Rentals Now Therefore Be It Hereby Resolved That staff be directed to examine the feasibility of passing a by-law to In progress Page 119 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 5 licence, regulate and govern Airbnb and short-term rental accommodations in the Town of Aurora, and to report back to Council. Targeting Q1, 2021 CS 6 2020-01-28 Motion (a) Councillor Kim Re: Workplace Diversity and Inclusion Strategy Now Therefore Be It Hereby Resolved That staff investigate municipal Workplace Diversity and Inclusion Strategies and Work Plans as well as other similar strategies across Ontario (public, private and non-for- profit organizations) and report to Council on the state of diversity and inclusion in the Town of Aurora and any current initiatives underway; and Be It Further Resolved That staff in its report provide recommendations on how to enhance the Town’s current workplace diversity and inclusion strategy; and CS Completed Report to General Committee on November 3, 2020 CS 7 2020-05-28 CS20-010 – Electronic Meetings for Committees of Council That staff report back to Council regarding the success of electronic committee meetings. CS Pending Regroup at the end of the year, report to Council Q1 - 2021 CS 8 2020-09-29 9.3 Councillor Thompson; Re: Audio Recordings of Closed Session Meetings Now Therefore Be It Hereby Resolved That staff be directed to report back before the end of the year on the recommendation to have all future closed session meetings of Council audio-recorded; and Be It Further Resolved That the report include recommended policies pertaining to security, limited access for investigation purposes only and what protocols should be put into place for the retention and destruction of these records. CS Completed Report to General Committee on November 17, 2020 Page 120 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 6 FIN 1 2018-05-22 Motion (c) Mayor Dawe; Re: Deferred Development Charges – Habitat for Humanity Be It Further Resolved That staff report back to Council on the implications of a deferral of such development charges; and Be It Further Resolved That staff include a policy and/or process for managing such requests in future. FIN Pending To be addressed when Finance brings recommendations forward to transition Development Charges to a Community Benefits Charge/Bylaw, as outlined in Bill 108/138. Expected 2021 FIN 2 2019-10-08 FS19-029 – Prudent Investor Standard for Multiple Investments That staff undertake further due diligence to determine the best approach to move to the prudent investor standard and report back to Council with a final recommendation. FIN In progress To be included on fiscal policy report to go to Council in June 2021 Page 121 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 7 OPS 1 2016-11-22 Motion (b) Councillor Gaertner; Re: Proposed Community Safety Zone in Town Park Area Be It Further Resolved That when the provincial government gives municipalities the authority to set up photo radar cameras, staff be directed to report back regarding the implementation of photo radar cameras in all community safety zones. OPS Completed PDS presented a report to the GC meeting of October 6, 2020. OPS 2 2016-10-11 1(13) Parks and Recreation Advisory Committee Meeting Minutes of September 15, 2016, Memorandum from Manager of Parks; Re: Pet Waste in Public Parks and Open Space That staff be directed to investigate a public education program and public survey regarding pet waste in public parks and open spaces. OPS Pending Communications Strategy to be developed in 2020. OPS 3 2019-12-10 OPS19-024 – Fleet Management Strategy That the recommendations from the Richmond Sustainability Initiatives (RSI), Fleet Management Strategy, be endorsed in principle and staff report back on financial implications of the individual components of the strategy. OPS Completed Staff to prepare a report on “Greening of the Fleet” scheduled for Q1 2021 OPS 4 2020-01-28 OPS19-019 – Hallmark Baseball Diamonds – Additional Funding That Report No. OPS19-019 be referred back to staff for more information regarding an indoor baseball training facility on the Hallmark lands. OPS Pending Re-tendered based on current design of two (2) softball fields – the tender has closed. OPS 5 2020-04-28 OPS20-006 – 276 and 310 Hartwell Way – Non-Programmed Park Design That staff be directed to go out for public consultation on the two proposed park concept plans prior to approval. OPS Pending In the public commenting process (virtual via “Engage Aurora” with a November 11, 2020 deadline for commenting. Page 122 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 8 OPS 6 2020-05-26 OPS20-007 – Off-Leash Dog Park in Highland Park That staff be directed to further investigate the Dog Waste Diversion programs available, including all capital and operational costs associated with implementing the systems in park retrofits and new park development, and that a report be presented at a future Council meeting. OPS Pending Staff to engage area residents in public meeting regarding the placement of a dog park once permitted. Page 123 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 9 PDS 1 2018-06-26 Motion (b) Councillor Gaertner; Re: Anti-Idling Policy Now Therefore Be It Hereby Resolved That staff be directed to develop an Anti-idling policy that reviews best practices and includes an enforcement mechanism; and Be It Further Resolved That the report includes a proposed public education campaign. PDS Completed Reported to GC on October 6, 2020 to present a draft policy for review and comment. PDS 2 2018-09-18 S1 (R8) PDS18-099 – Application for Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval, Metropolitan Square Inc., 180, 190 and 220 Wellington Street East, File Numbers: OPA-2015-05, ZBA- 2015-15 and SP-2016-10 That Report No. PDS18-099 be referred to staff to address Council’s concerns and comments with the developer, and the report be brought back to a future General Committee meeting. PDS In progress Planning applications appealed to the LPAT. First PHC scheduled for October 2020 Closed session report scheduled for December 2020 PDS 3 2019-04-23 PDS19-030 – Award of Tender 2019-42-PDS-ENG – For Roadway Rehabilitation on Yonge Street, Edward Street, Golf Links Drive and Dunning Avenue That staff report back with further information regarding Council’s concerns about the administration of Capital Project No. 31116 – M & O – Dunning Ave, Edward St, Golf Links Dr, Industrial Parkway S, McCllelan Way, Orchard Heights Blvd, Tamarac Trail, Yonge Street. PDS In progress A staff report is scheduled for the November 17, 2020 GC meeting. PDS 4 2019-06-11 PDS19-039 –Stable Neighbourhood Study – Recommendation Report: Zoning Standards and PDS19-056 –Stable Neighbourhood Study – Follow-up Information That staff finalize the Urban Design Guidelines and report back to a future Council meeting. PDS In progress Report targeted for November 17 2020 General Committee meeting to present updated urban design guidelines based on public consultation Page 124 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 10 PDS 5 2019-07-23 PDS19-064 – Economic Development Strategic Plan That staff report back with an Implementation Strategy at a future Council meeting. PDS In progress Deferred to a future General Committee meeting following the hiring of the Manager of Policy Planning & Economic Development PDS 6 2019-10-22 Motion (b) Councillor Gilliland, Re: Declare Climate Emergency Be It Further Resolved That staff be directed to prioritize the process of creating a Climate Action Plan, once the Region releases its climate action plan report, for the Town of Aurora focused on reducing emissions and adaptation at the community level; and Be It Further Resolved That staff be directed to look for opportunities for economic growth, stimulation in the low-carbon economy, and cost benefits for all who consume energy; and Be It Further Resolved That staff be directed to refer to other municipal and global initiatives and forums such as Global Covenant of Mayors for Climate and Energy and report to Council with more information; and PDS Completed On June 23, 2020, Council lifted the conditional approval for capital project #42810 – Climate Change Adaptation Plan, for the amount of $100,000. Staff is working with Procurement to select a consultant to prepare the plan. PDS 7 2019-11-12 Motion (a) Mayor Mrakas, Re: Development Charges Exemption Now Therefore Be It Hereby Resolved That staff bring forward a by-law to amend the Development Charges By-law to exempt The Town of Aurora’s portion of Development Charges for “major office development” which is defined as a free standing building with a minimum height of three floors and a minimum gross floor area of 75,000 square feet; and PDS Completed Reported to GC in February 2020 PDS 8 2019-12-10 PDS19-098 – Town of Aurora Official Plan Review That staff report back following the Special Meeting of Council with a summary of the feedback received through the public consultation process to inform the development of a work program for Council’s consideration; and PDS In progress Direction to schedule another public planning meeting tentatively scheduled for December 2020 Page 125 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 11 PDS 9 2019-12-10 PDS19-069 – Regional Municipal Comprehensive Review (MCR) Update: Aurora Employment Land Conversion Requests That staff report back to Council regarding Aurora Employment Land Conversion Requests upon completion of the Official Plan review; and PDS In progress Report scheduled for Nov 17 GC. PDS 10 2018-02-27 Motion (c) Councillor Mrakas; Re: Petch House Now Therefore Be It Hereby Resolved That staff investigate the feasibility and costs for the Petch House to be used for marriage services and/or as a wedding chapel; and Be It Further Resolved That staff bring a report to the May 2018 meeting cycle for Council to make a decision on the future use of the Petch House. CMS In progress Report No. PDS18-038 – Petch House – Potential Conversion to a Wedding Chapel Use referred back to staff for further comments. Staff reporting to Nov 2 HAC and Dec1 GC meeting 2018-04-24 C1(R3) PDS18-038 – Petch House – Potential Conversion to a Wedding Chapel Use That Report No. PDS18-038 be referred to staff to receive comments from the Heritage Advisory Committee regarding the future of the Petch House. PDS PDS 11 2020-05-26 PDS20-029 – Capital Project No. 34626 – Sidewalk Construction on Kitimat Crescent Proposed Capital Budget Increase That Report No. PDS20-029 – Capital Project No. 34626 – Sidewalk Construction on Kitimat Crescent Proposed Capital Budget Increase be referred back to staff. PDS Completed Budget increase approved in June 2020, contract awarded and sidewalk constructed. PDS 12 2020-05-26 PDS20-039 – Aurora Economic Development Corporation Board Composition That staff be directed to present to Council a special resolution to be passed by the AEDC Board of Directors to increase the number of local residents or business owners to nine and to decrease the number of Council representatives to two, which will be confirmed at a future meeting of Council. PDS Completed Reported to May 2020 General Committee meeting. PDS 13 2020-06-23 Motion (a) Councillor Gallo Re: Trail Crossings Now Therefore Be It Hereby Resolved That staff provide a status report on all potential pedestrian PDS Completed A staff reported to October 6 GC on the Page 126 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 12 crossings for non-motorized traffic along the train corridor to a General Committee meeting by the end of October; and Be It Further Resolved That staff include in that report the priority crossings as identified in the Trails Master Plan and costing of detailed designs so that they may be included in the tender documents during the reconstruction by Metrolinx. pedestrian crossings of the Barrie GO corridor identified in the Trails Master Plan and related budget impacts . PDS 14 2020-07-14 PDS20-017 – Streetscape Improvements in the Northeast Old Aurora Heritage Conservation District That staff be directed to prepare a cost analysis for all the remaining streetscape improvement measures recommended in the Northeast Old Aurora Conservation District Plan to be submitted as part of the 2021 budget process. PDS In progress Report to HAC scheduled for the first quarter of 2020 PDS 15 2019-02-26 Motion (a) Mayor Mrakas, Re: Backyard Swimming Instruction on Private Property Now Therefore Be It Hereby Resolved That staff be directed to report back regarding the changes need for a Zoning By-law amendment to amend the Home Occupation provisions to allow for backyard swimming instruction on private property. CS Completed OPA adopted by Council in June 2020 PDS 16 2020-09-29 PDS20-065 - Explore Aurora Campaign Funding Request That the Aurora Chamber of Commerce report back to Council regarding the success of the Explore Aurora marketing campaign. PDS In progress Report to GC in 4th quarter of 2021 PDS 17 2020-09-29 9.1 Councillor Kim; Re: Sidewalk Installation Policy Now therefore be it hereby resolved that staff be directed to review the “Sidewalk Installation Policy” (#67), and report back to General Committee before the end of the first quarter of 2021 with proposed revisions for consideration including an approach that provides staff the delegated authority to install PDS In progress Report to GC in 1st quarter of 2021 Page 127 of 174 Update: To November 6, 2020 Council Pending List Ref. # Mtg Date Report Title/Subject Action Action Dept Response/Status C - Council CAO - Chief Administrative Officer CMS - Community Services CS - Corporate Services FIN - Finance JCC - Joint Council Committee/Central York Fire Services OPS - Operational Services PDS - Planning & Development Services Bold – new item Shaded – to be removed Attachment 1 Page 13 sidewalks for existing areas when the road is scheduled for reconstruction. PDS 18 2020-10-27 PDS20-044 - Town of Aurora Proposed Anti-Idling Policy That Council approve the Town of Aurora Anti-Idling policy attached to this report; and That staff be directed to report back after one year with a policy review. PDS In progress Report to GC in 4th quarter of 2021 PDS 19 202020-10-27 PDS20-050 - Implementation of Automated Speed Enforcement Program That staff report back on the findings of the Region’s Automated Speed Enforcement Program following completion of the two-year, limited use pilot program. PDS In progress Report to GC in 4th quarter of 2022 PDS 20 202020-10-27 PDS20-055 - Pedestrian Grade Separated Crossings and Future Priority Crossings within Barrie GO Rail Corridor That Council identify as a priority the Cousins Drive pedestrian rail crossing identified in Attachment 2 and staff report back on the feasibility of funding the crossing as part of the 2022 Budget 10-year capital planning process. PDS In progress Referred to the 2022 budget cycle Page 128 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. FIN20 -029 _______________________________________________________________________________________ Subject: Annual Cancellation, Reduction or Refund of Property Taxes under Sections 357 and 358 of the Municipal Act Prepared by: Elizabeth Quattrociocchi, Manager, Financial Reporting & Revenue /Deputy Treasurer; and Lindsay Lee, Revenue Administrator Department: Finance Date: December 1, 2020 _______________________________________________________________________________________ Recommendation 1. That Report No. FIN20-029 be received; and 2. That total property taxes in the amount of $4,072.20 due from the property owners be adjusted pursuant to Section 357 of the Municipal Act, 2001, as amended (the Act); and 3. That total property taxes in the amount of $10,923.45 due to the property owners be adjusted pursuant to Section 358 of the Act; and 4. That any associated interest charged applicable to these adjustments be cancelled in proportion to the total property taxes adjusted; and 5. That the Director of Finance, Treasurer be directed to remove said property taxes from the collector’s roll reflecting these property tax adjustments; and 6. That the Director of Finance, Treasurer be delegated the authority, to process and remove property taxes from the collector’s roll reflecting property tax adjustments throughout the calendar year, as set out in sections 357 and 358 of the Municipal Act, and with an information report presented to Council at the end of each calendar year. Executive Summary This report is to obtain approval to adjust property taxes and interest pursuant to the provisions of Sections 357 and 358 of the Municipal Act. Page 129 of 174 December 1, 2020 2 of 6 Report No. FIN20-029  Three section 357 applications to be adjusted resulting in $4,072.20 in reduced taxes  10 section 358 applications to be adjusted resulting in $10,923.45 of reduced taxes  The Municipal Property Assessment Corporation reviews and verifies all applications Background Adjustments under Section 357 Under Section 357 of the Act, property owners or their agents may make application for the cancellation of property taxes for the current year in response to changes in current value assessment that result in an increase or decrease in property taxes. This property tax adjustment is not as a result of the Town having failed to collect rightful taxes but rather adjusts the property taxes to the correct and proper amount. Adjustments under Section 358 Under Section 358 of the Act, property owners or their agents may make application for the cancellation of property taxes due to gross or manifest errors made by Municipal Property Assessment Corporation in the current value assessment for two years prior to the current taxation year. This property tax adjustment is not because of the Town having failed to collect rightful taxes but rather adjusts the property taxes to the correct and proper amount. Analysis Three section 357 applications to be adjusted resulting in $4,072.20 in reduced taxes Three (3) applications were received prior to the deadline of February 29th, 2020 for the 2019 and 2020 taxation years for property taxes to be adjusted under Section 357 totaling $4,072.20 as listed in Attachment #1 titled “Tax Adjustments under Section 357 of the Municipal Act”. This amount represents an overall tax reduction to the properties. Table #1 summarizes the 357 adjustments for both taxation years representing total property tax adjustments of $4,072.20 by the respective shares. Page 130 of 174 December 1, 2020 3 of 6 Report No. FIN20-029 Table #1 Summary of 357 Adjustments Tax Year Town of Aurora ($) York Region ($) Boards of Education ($) Total ($) 2019 (482.10) (562.29) (268.99) (1,313.38) 2020 (987.89) (1,096.24) (674.69) (2,758.82) Total (1,469.99) (1,658.53) (943.68) (4,072.20) The Town, as legislated, will adjust the appropriate portions due to/from The Regional Municipality of York and the respective York Region Boards of Education. Property owners have until February 28th, 2021 to apply under Section 357 for adjustments with respect to the 2020 taxation year. 10 section 358 applications to be adjusted resulting in $10,923.45 of reduced taxes 10 applications were received under Section 358 for the taxation years 2017, 2018, and 2019. These adjustments are listed in Attachment #2 titled “Tax Adjustments under Section 358 of the Act” and result in an overall tax reduction to the affected properties. Table #2 summarizes the total property tax adjustment of $10,923.45 that will be refunded to the property owners. Table #2 Summary of 358 Adjustments Tax Year Town of Aurora ($) York Region ($) Boards of Education ($) Total ($) 2017 (347.72) (408.27) (196.50) (952.49) 2018 (2,816.14) (3,279.95) (1,590.36) (7,686.45) 2019 (838.57) (978.05) (467.89) (2,284.50) Total (4,002.43) (4,666.27) (2,254.75) (10,923.45) Property owners have until December 31st, 2020 to apply under Section 358 for adjustments in respect of the 2017, 2018 and 2019 taxation years. The Municipal Property Assessment Corporation reviews and verifies all applications The Municipal Property Assessment Corporation (MPAC) has reviewed all applications and they have verified assessment values and taxation periods used to determine the property tax adjustments. Page 131 of 174 December 1, 2020 4 of 6 Report No. FIN20-029 MPAC’s review of these type of applications occurs throughout the year with the adjustments to the tax bills being made after the approval of this report. It is recommended in this report, that going forward in 2021, the adjustments be authorized and processed by the Treasurer as they become available with an information report summarizing these adjustments to Council at the end of the year. Advisory Committee Review Not applicable Legal Considerations In accordance with section 357 of the Municipal Act, 2001, Council may cancel, reduce or refund all or part of the taxes levied on a property for various reasons, including a change in assessments. An applicant has 35 days to appeal Council’s decision to the Assessment Review Board. The Board will hear the appeal and make a decision, which is considered final. In accordance with section 358 of the Municipal Act, 2001, Council may cancel, reduce or refund all or part of the taxes levied on a property for overcharges. Prior to Council’s decision, MPAC must confirm that there was an error in the assessment. In both of the above cases, an applicant may make representations to Council at the meeting where Council makes it decision. Financial Implications Table #3 below summarizes the total property tax adjustments for 357 and 358 applications. The Town’s share of the property tax adjustments results in a net amount of $5,472.42 being refunded to the property tax owners. Table #3 Summary of 357 and 358 Adjustments Adjustment Type Town of Aurora ($) York Region ($) Boards of Education ($) Total ($) Section 357 (1,469.99) (1,658.53) (943.68) (4,072.20) Section 358 (4,002.43) (4,666.27) (2,254.75) (10,923.45) Page 132 of 174 December 1, 2020 5 of 6 Report No. FIN20-029 Total (5,472.42) (6,324.80) (3,198.43) (14,995.65) The Town’s 2020 budget for our share of property tax adjustments such as 357’s, 358’s, Assessment Review Board decisions and Municipal Property Assessment Corporation’s minutes of settlement is $200,000. Communications Considerations Finance staff will advise each property owner in writing of Council’s decision in this matter and update the property tax accounts as required. Link to Strategic Plan Adjusting tax accounts to reflect verified adjustments to assessment values contributes to achieving the Strategic Plan guiding principal of “Leadership in Corporate Management” and improves transparency and accountability to the community. Alternative(s) to the Recommendation There are no alternatives to the recommendations contain in this report. The adjustments recommended are statutory and have been validated by Municipal Property Assessment Corporation and are now rightfully due to the property owners. Conclusions That the adjustment of property taxes as recommended in this report under Sections 357 and 358 of the Act totaling $ 14,995.65 be approved. Attachments Attachment #1 –Tax Adjustments under Section 357 of the Municipal Act Attachment #2 –Tax Adjustments under Section 358 of the Municipal Act Previous Reports Not applicable Page 133 of 174 December 1, 2020 6 of 6 Report No. FIN20-029 Pre-submission Review Agenda Management Team review on November 12, 2020 Approvals Approved by Rachel Wainwright-van Kessel, CPA, CMA, Director, Finance/Treasurer Approved by Doug Nadorozny, Chief Administrative Officer Page 134 of 174 SUMMARY TOTAL TOWN REGION EDUCATION TOTAL 1,469.99$ 1,658.53$ 943.68$ 4,072.20$ MUNICIPAL ACT, SECTION 357 2019 Tax Year ROLL #PROPERTY TYPE REASON FOR ADJUSTMENT ORIGINAL ASSESSMENT REVISED ASSESSMENT % CHANGE TRANS # TOWN REGION EDUCATION SUBTOTAL 070-84118 RT Damaged by Fire 1,437,250$808,569$-43.74% 2019-009 482.10$562.29$268.99$1,313.38$ TOTAL 482.10$562.29$268.99$1,313.38$ MUNICIPAL ACT, SECTION 357 2020 Tax Year ROLL #PROPERTY TYPE REASON FOR ADJUSTMENT ORIGINAL ASSESSMENT REVISED ASSESSMENT % CHANGE TRANS # TOWN REGION EDUCATION SUBTOTAL 030-49600 RT House demolished 780,000 405,000 -48.08% 2020-001 695.70$804.05$382.50$1,882.24$ 043-55700 RT House under construction 621,000 516,000 -16.91% 2020-005 292.19$292.19$292.19$876.58$ TOTAL 987.89$1,096.24$674.69$2,758.82$ Tax Adjustment under Section 357 of the Municipal Act Attachment 1 Page 135 of 174 SUMMARY TOTAL TOWN REGION EDUCATION TOTAL 4,002.43$4,666.27$2,254.75$10,923.45$ MUNICIPAL ACT, SECTION 358 2017 Tax Year ROLL #PROPERTY TYPE REASON FOR ADJUSTMENT ORIGINAL ASSESSMENT REVISED ASSESSMENT % CHANGE TRANS # TOWN REGION EDUCATION SUBTOTAL 010-60200 RT Gross or Manifest Error - No swimming pool 499,500 466,522 -6.60% 2017-008 104.46$122.65$59.03$286.14$ 081-84115 RT Gross or Manifest Error-Building Size 2,110,750$2,033,951$-3.64% 2017-009 243.26$285.62$137.47$666.35$ TOTAL 347.72$408.27$196.50$952.49$ MUNICIPAL ACT, SECTION 358 2018 Tax Year ROLL #TRANS # TOWN REGION EDUCATION SUBTOTAL 010-60200 RT Gross or Manifest Error -No swimming pool 540,000$504,348$-6.60% 2018-007 107.32$125.00$60.61$292.93$ 081-84115 RT Gross or Manifest Error -Building Size 2,277,500$2,194,634$-3.64% 2018-008 249.45$290.53$140.87$680.85$ 096-00706 RT Became Vacant or Excess Land 2,101,000$863,000$-58.92% 2018-005A 1,041.44$1,212.96$588.13$2,842.54$ 126-11076 RT Gross or Manifest Error-Lot size 768,000$632,723$-17.61% 2018-008 407.22$474.29$229.97$1,111.48$ 054-63300 RT Gross or Manifest Error-Contruction 517,500$393,543$-23.95% 2018-010 373.15$434.60$210.73$1,018.47$ 043-55700 RT Repairs/renovations 519,500$431,662$-16.91% 2018-011 264.42$307.97$149.32$721.71$ 043-63300 RT Gross or Manifest Error 517,500$393,543$-23.95% 2018-012 373.15$434.60$210.73$1,018.47$ TOTAL 2,816.14$3,279.95$1,590.36$7,686.45$ MUNICIPAL ACT, SECTION 358 2019 Tax Year ROLL #TRANS # TOWN REGION EDUCATION SUBTOTAL 126-11076 RT Gross or Manifest Error-Lot size 832,500$685,861$-17.61%2019-002 423.13$493.51$236.09$1,152.73$ 014-03700 RT Gross or Manifest Error (no garage)552,000$504,446$-8.61%2019-003 137.22$160.04$76.56$373.82$ 043-55700 RT Demolition/Razed by Fire 570,250$473,831$-16.91%2019-006 278.22$324.50$155.23$757.95$ TOTAL 838.57$978.05$467.89$2,284.50$ Tax Adjustment under Section 358 of the Municipal Act Attachment 2 Page 136 of 174 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. PDS 20-071 _______________________________________________________________________________________ Subject: Application for Draft Plan of Subdivision 15370 Leslie (Skale) Inc. 15370 Leslie Street Part Lot 2, Concession 2 File Number: SUB-2019-02 Related File Numbers: ZBA-2017-02 and SP-2017-02 Prepared by: Matthew Peverini, Planner Department: Planning and Development Services Date: December 1, 2020 _______________________________________________________________________________________ Recommendation 1. That Report No. PDS20-071 be received; and 2. That the Draft Plan of Subdivision file No. SUB-2019-02 to create one block on a plan of subdivision to facilitate the future development of four common elements condominium townhouse blocks be approved, subject to the conditions of approval attached hereto as Schedule ‘A’. Executive Summary This report seeks Council’s approval of a proposed Draft Plan of Subdivision application located at 15370 Leslie Street (the ‘subject lands’).  The proposed Draft Plan of Subdivision will facilitate the future development of four townhouse blocks containing a total of 32 freehold units on parcels of tied land (‘POTL’);  In September 2018, Council approved Zoning By-law Amendment (ZBA-2017-02) and Site Plan (SP-2017-02) applications, to facilitate a townhouse development;  The proposed application is consistent with the Provincial Policy Statement;  The proposed application is consistent with A Place to Grow: Growth Plan for the Greater Golden Horseshoe; Page 137 of 174 December 1, 2020 2 of 10 Report No. PDS20-071  The proposed application conforms to the Lake Simcoe Protection Plan;  The proposed application conforms to the York Region Official Plan;  The proposed application maintains the intent of the Town of Aurora Northeast 2C Secondary Plan (OPA 73), and the Town’s Comprehensive Zoning By-law 6000-17, as amended;  The proposed application was circulated to all internal and external agencies for review and comments. All circulated agencies are satisfied with the revisions and have no objections, subject to conditions of approval included as Schedule ‘A’. Background Application History The application for Draft Plan of Subdivision was deemed complete on November 6, 2019. A Statutory Public Planning Meeting was held on January 21, 2020, and at this meeting, Council passed a resolution referring the application back to Staff to address comments presented at the meeting, and report back to General Committee. Minutes of the Public Planning Meeting are attached as Appendix ‘A’. On September 18, 2018, Town of Aurora Council approved Zoning By-law Amendment application ZBA-2017-02 and Site Plan Application SP-2017-02, for the development of four townhouse blocks totaling 32 dwelling units on a private road. A history of previous planning applications for the subject lands is discussed in Public Planning Report PDS20-007, dated January 21, 2020. Location / Land Use The subject lands are municipally known as 15370 Leslie Street, and are located on the west side of Leslie Street, north of the intersection of Wellington Street East and Leslie Street (see Figure 1). The subject lands have a lot frontage of approximately 58.3 m (191 ft) and lot area of approximately 1.12 hectares (2.8 acres). A one-storey residential dwelling, accessory structure, and a man-made pond currently exists on the subject lands along with one driveway that provides access to Leslie Street at the northeast corner of the site. The site generally slopes from the southeast to the northwest toward the natural heritage lands located north of the subject lands. Vegetation exists on the subject lands, generally located around the perimeter of the lands. Page 138 of 174 December 1, 2020 3 of 10 Report No. PDS20-071 Surrounding Land Uses The surrounding land uses are as follows: North: Low-medium density residential; South: Salvation Army Northridge Community Church East: Leslie Street, Stormwater Management Pond and the Smart Centres Regional Commercial Centre; and West: Stewart Burnett Park Policy Context Provincial Policies All development applications shall have regard for the Provincial Policy Statement (‘PPS’), which provides policy direction on matters of Provincial inter est. These policies support the development of strong communities through the promotion of efficient land use and development patterns. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (‘The Growth Plan’) is a guiding document for growth management within the Greater Golden Horseshoe Area. The Growth Plan provides a framework which guides land-use planning. The Lake Simcoe Protection Plan (‘LSPP’) provides policies which address aquatic life, water quality and quantity, shorelines and natural heritage, other threats and activities (invasive species, climate change and recreational activities) and implementation. The subject lands are located within the Lake Simcoe watershed and are subject to the applicable policies of the LSPP. York Region Official Plan (‘YROP’) The subject lands are designated as “Urban Area” within the YROP, and are located on Regional Road 12 (Leslie Street). York Region’s planning vision for the Urban Area is to strategically focus growth while conserving resources; and to create sustainable, lively communities. A primary goal of the YROP is to enhance the Region’s urban structure through city building, intensification and compact, complete vibrant communities. The subject lands are located within the 10-25 Year Wellhead Protection Area (WHPA-D) Zone. The subject lands are also located within 120 metres of a Regional Greenland System, and a wetland is identified at the northern boundary of the subject lands. The Page 139 of 174 December 1, 2020 4 of 10 Report No. PDS20-071 subject lands are not located within the Oak Ridges Moraine Conservation Plan (ORMCP) area. Aurora 2C Secondary Plan (‘OPA 73’) The subject lands are designated “Urban Residential 2” by the Aurora 2C Secondary Plan (OPA 73) (see Figure 2). This designation permits townhouses and low-rise apartments with a maximum height of 6 storeys or 20 metres (whichever is less). This designation also permits density levels ranging from 35 and 50 units per net residential hectare. No amendments to OPA 73 are proposed. Zoning By-law 6000-17, as amended. On June 25, 2019, Council adopted By-law Number 6189-19, which rezoned the subject lands from “Institutional (I) Zone” and “Rural RU (29) Exception Zone” to “Townhouse Dwelling Residential R8(511) Exception Zone”, “Environmental Protection (EP) Zone” and “Private Open Space (O2) Zone” (See Figure 3). No further amendments to the Zoning By-law are proposed. Reports and Studies Reports and Studies submitted as part of a complete application are listed in Planning and Development Services Report No. PDS20-007. Proposed Applications The proposed Draft Plan of Subdivision will facilitate the future development of four townhouse blocks with a total of 32 freehold units on parcels of tied land (‘POTL’) As shown on Figure 5, the applicant has submitted a draft plan of subdivision application to legally create one block on a plan of subdivision. The subject application is technical in nature, and facilitates a future POTL development, whereby the proposed townhouse lots will be freehold and tied to common elements of a future plan of condominium (see Figure 4). To create freehold lots, a Part Lot Control Exemption application and related By-law is required after the plan of subdivision has been registered. Additionally, a future Draft Plan of Common Elements Condominium application is required to establish the Page 140 of 174 December 1, 2020 5 of 10 Report No. PDS20-071 common element components of the development (private road, visitor parking, stormwater management, landscaped area). The proposed development is consistent with the Zoning By-law and Site Plan application approved by Council in September 2018. Through the Site Plan process, the landowner has undergone detailed design (engineering, landscaping, etc.) for the proposed development. Staff are concurrently drafting the Agreement for the Council approved in principle site plan application SP-2017-02. Analysis Planning Considerations In September 2018, Council approved a Zoning By-law Amendment (ZBA-2017-02) and Site Plan (SP-2017-02) applications, to facilitate a townhouse development After Council’s approval of the zoning and site plan applications, the Owner shifted the contemplated tenure of the development from standard condominium to a common part lot control exemption to create the freehold parcels to be conveyed to purchasers. A Part Lot Control By-law to create the proposed POTLs may only be approved on a whole block on a registered plan of subdivision. As the subject draft plan of subdivision application is technical in nature, Staff maintain the opinion that the overall development concept is consistent with, and conforms to Provincial, Regional, and Municipal policy documents, as previously outlined in Planning and Development Services report PDS18-097 (which recommended approval of applications ZBA-2017-02 and SP-2017-02), and the new PPS and Growth Plan (2020). The proposed application is consistent with the PPS The subject lands are located within a Settlement Area, which is intended to be the area of focus for growth and development within the Province. The proposed development achieves the objectives of intensification within settlement areas, capitalizes on existing infrastructure, contributes to a range of housing stock within the Town, and avoids development patterns that result in environmental concerns. Staff is satisfied that the proposed application is consistent with the PPS. The proposed application is consistent with the Growth Plan Page 141 of 174 December 1, 2020 6 of 10 Report No. PDS20-071 The proposed application meets the Growth Plan objective of providing a diverse range and mix of housing options to accommodate the needs of all household sizes and incomes, by facilitating the development of freehold townhouse units on lots tied to common elements on a plan of condominium. The application implements the approved development under planning applications ZBA-2017-02 and SP-2017-02, whereby the development is located within the delineated built-up area, and utilizes community infrastructure and planned municipal infrastructure. Staff is satisfied that the proposed application is consistent with the Growth Plan. The proposed application conforms to the LSPP The LSRCA has reviewed the proposed application, has no objection to its approval, subject to conditions included in Schedule ‘A’ to this report. Detailed design of the development has also been reviewed by the LSRCA through site plan application SP- 2017-02. Staff is satisfied that the proposed application conforms to the LSPP. The proposed application conforms to the YROP The subject lands are designated as “Urban Area” in the YROP, which promotes the growth and development of healthy, well-planned and complete vibrant communities. The proposed application facilitates the development of townhouse units with a freehold tenure, tied to common elements and thus contributing to the variety of housing stock and tenure within the Town. The subject lands are also located within 120 metres of a Regional Greenland System, and a wetland is identified at the northern boundary of the subject lands. The Region of York relies on the LSRCA to comment on any natural hazard and heritage matters. As mentioned, the LSRCA has reviewed the proposed application, and has no objection, subject to conditions included in Schedule ‘A’ to this report. The proposed application is also consistent with the YROP objective of achieving a sustainable natural environment. Through the Site Plan application and agreement, the applicant will be required to provide an integrated and innovative approach to water management, landscape treatment, and low impact development measures where appropriate. Staff is satisfied that the proposed application conforms to the YROP. The proposed application maintains the intent of OPA 73 and the Town’s Comprehensive Zoning By-law 6000-17, as amended Page 142 of 174 December 1, 2020 7 of 10 Report No. PDS20-071 The proposed draft plan of subdivision application is technical in nature, and facilitates the development of the approved townhouse development concept on the subject lands under Site Plan application SP-2017-02. The proposed application does not trigger the requirement for an Official Plan Amendment, or any additional Zoning By-law amendments. Staff are satisfied that the proposed application maintains the intent of OPA 73 and the Council adopted site-specific Zoning By-law Amendment. Department / Agency Comments The proposed application was circulated to all internal and external agencies for review and comments. All circulated agencies are satisfied with the revisions and have no objections, subject to conditions of approval. All circulated agencies are satisfied with the revisions and have no objection to the draft plan of subdivision application, subject to the fulfillment of conditions of approval included as Schedule ‘A’ to this report. The following section provides a summary of high-level comments received from the application circulation (note: technical development matters were resolved under Site Plan application SP-2017-02). Landscaping/Trails Landscaping on the subject lands shall be in accordance with the minimum landscape standards as set out in the Town's 'Landscape Design Guidelines’. Development Engineering Conditions of draft plan approval have been included to address any private wells on and external to the subject lands. Conditions require that a report be prepared by a Hydrogeological Consultant to study wells to the satisfaction of the Town. The consultant shall be retained by the Owner to monitor the groundwater table prior to any site alteration, and on a yearly basis, to summarize and identify groundwater fluctuations (if any), and provide qualified justification for possible fluctuations (including recommendations to mitigate construction impacts, if any, and any modifications required as a result of carrying out the monitoring and design). Municipal Servicing Servicing allocation for 32 units was assigned by Council in September 2018, upon approval of Site Plan application SP-2017-02. Page 143 of 174 December 1, 2020 8 of 10 Report No. PDS20-071 Lake Simcoe Region Conservation Authority (‘LSRCA’) The LSRCA has reviewed the proposed draft plan of subdivision and have no objections subject to conditions outlined in Schedule ‘A’ to this report. Technical detailed design matters have been addressed through Site Plan application SP-2017-02. Regarding stormwater management, the existing man-made pond will be relocated to the west side of the subject lands. The new pond will be equipped with an outlet structure to provide for peak flow attenuation. Runoff from the internal driveways and parking areas will be directed to a series of storm sewers located along the private driveway. A hybrid bioswale system to convey external drainage from the Leslie Street right-of- way, and overflow from the upstream Salvation Army pond (a bioswale underlain by an exfiltration pipe) has been designed to protect the ecological corridor and allow for the safe conveyance of water, while reducing sideslope concerns. In small to medium size rain events, this system will provide interflow through pores in the pipe and the granular medium surrounding it. A portion of the surface water from the site would sheet drain to the shallow bioswale at the rear of the yards. During larger events, drop structures would protect the buildings by allowing for overflow to enter the exfiltration pipe. Regional Municipality of York Detailed design of the subject lands has been dealt with through the related Site Plan application SP-2017-02. York Region has no objection to draft approval of the proposed draft plan of subdivision subject to conditions outlined in Schedule ‘A’ to this report. Public Comments No public comments were received on the subject application at the January 2020 public meeting. Advisory Committee Review No communication is required. Page 144 of 174 December 1, 2020 9 of 10 Report No. PDS20-071 Legal Considerations Subsection 51(34) of the Planning Act states that if Council refuses the Draft Plan of Subdivision application or fails to make a decision on it within 180 days after the receipt of the application, the applicant (or the Minister) may appeal the application to the Local Planning Appeal Tribunal (‘LPAT’). The application was received in 2019, and therefore the applicant may appeal to the LPAT at any time. Financial Implications Should Council approve the presented draft plan of subdivision, the Town will collect all applicable development fees owing as they arise over the course the development. Communications Considerations On November 14, 2019, a Notice of Complete Application respecting the Draft Plan of Subdivision application was published in the Auroran and Aurora Banner newspapers. On December 19, 2019, a Notice of Public Planning Meeting respecting the Draft Plan of Subdivision application was published in the Auroran and Aurora Banner newspapers. In addition, the notices were issued 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 was provided in accordance with the requirements of the Planning Act. All interested parties were notified that the subject application would be presented at the December 1, 2020 General Committee Meeting. Public notification of the General Committee meeting was given in accordance with the requirements of the Planning Act. Link to Strategic Plan The proposed application supports the Strategic Plan goal of supporting an exceptional quality of life for all, by strengthening the fabric of our community. Through the addition of 32 townhouse units, housing is provided in accordance with the objective to collaborate with the development community to ensure future growth includes housing opportunities for everyone. Page 145 of 174 December 1, 2020 10 of 10 Report No. PDS20-071 Alternative(s) to the Recommendation 1. That Council provide direction. Conclusions Planning and Development Services has reviewed the proposed Draft Plan of Subdivision application against relevant Provincial plans, Regional and Town Official Plans, the Town’s Comprehensive Zoning By-law and municipal development standards. The development proposal is considered good planning and conforms to Provincial and Regional policies and is consistent with policies of the Town’s Official Plan. Therefore, Staff recommend the approval of Draft Plan of Subdivision File SUB-2019-02. Attachments Figure 1 – Location Map Figure 2 – Existing Official Plan Designation Figure 3 – Existing Zoning By-Law Figure 4 – Development Concept Figure 5 – Proposed Draft Plan of Subdivision Appendix ‘A’ – January 21, 2020 Public Planning Meeting Minutes Schedule ‘A’ – Conditions of Draft Plan Approval Previous Reports Public Planning Report No. PDS20-007, dated January 21, 2020; General Committee Report No. PDS19-047, dated May 21, 2020; General Committee Report No. PDS18-097, dated September 11, 2018; and, Public Planning Report No. PDS17-048, dated June 28, 2017. Pre-submission Review Agenda Management Team review on November 12, 2020. Approvals Approved by David Waters, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 146 of 174 HolladayDriveBadgerowWayWellington Street EastWellingtonStreetEastLeslie StreetMap created by the Town of Aurora Planning and'HYHORSPHQWServices Department,$SULO. Base data provided by York Region & the Town of Aurora. Air Photos taken Spring 2017, © First Base Solutions Inc., 2017 Orthophotography.¯St John's SdrdWellington St EVandorf SdrdHenderson Drive^Wellington St WUV404UV404Leslie StYonge StBathurst StBayview AveBloomington Rd050100MetresLOCATION MAPAPPLICANT: 15370 Leslie (Skale) Inc.LOCATION: 15370 Leslie StreetFILES:68%-02FIGURE 1SUBJECT LANDSPage 147 of 174 OPA 30OPA 73WELLINGTON STREET EASTWELLINGTON STREET EASTLESLIE STREETEXISTING OFFICIAL PLAN DESIGNATIONMap created by the Town of Aurora Planning and 'HYHORSPHQWServices Department, August 22, 2018. Base data provided by York Region & the Town of Aurora.¯050100MetresAPPLICANT: 15370 Leslie (Skale) Inc.LOCATION: 15370 Leslie StreetFILES: S8%FIGURE 2St John's SdrdWellington St EVandorf SdrdHenderson Drive^Wellington St WUV404UV404Leslie StYonge StBathurst StBayview AveBloomington RdOPA 73OPA 30Environmental Protection AreaMixed-Use Residential/CommercialParkPlace of WorshipStormwater Management FacilityUrban Residential 1Urban Residential 2Medium-High Density ResidentialInstitutionalBusiness Park -Regional Commercial CentreBusiness ParkCommunity CommercialLinear and Other Open SpaceSUBJECT LANDSPage 148 of 174 EPMap created by the Town of Aurora Planning and'HYHORSPHQWServices Department,-DQXDU\. Base data provided by York Region & the Town of Aurora.¯050100Metres(;,67,1*ZONING BY-LAWAPPLICANT: 15370 Leslie (Skale) Inc.LOCATION: 15370 Leslie StreetFILES:68%FIGURESUBJECT LANDSSt John's SdrdWellington St EVandorf SdrdHenderson Drive^Wellington St WUV404UV404Leslie StYonge StBathurst StBayview AveBloomington RdPage 149 of 174 Map created by the Town of Aurora Planning and'HYHORSPHQWServices Department,-DQXDU\. Base data provided by Skale Developments.'(9(/230(17&21&(37APPLICANT: 15370 Leslie (Skale) Inc.LOCATION: 15370 Leslie StreetFILES:68%-201-02FIGUREPage 150 of 174 Map created by the Town of Aurora Planning and 'HYHORSPHQWServices Department, -DQXDU\.¯352326(''5$)73/$12)68%',9,6,21APPLICANT: 15370 Leslie (Skale) Inc.LOCATION: 15370 Leslie StreetFILES:68%-201-02FIGUREPage 151 of 174 Town of Aurora Council Public Planning Meeting Minutes Council Chambers, Aurora Town Hall Tuesday, January 21, 2020 Attendance Council Members Councillor Kim in the Chair; Councillors Gaertner, Gallo, Gilliland, Humfryes (arrived at 7.08 p.m.), and Thompson Members Absent Mayor Mrakas Other Attendees David Waters, Director of Planning and Development Services, Matthew Peverini, Planner, Samantha Yew, Deputy Town Clerk, and Ishita Soneji, Council/Committee Coordinator The Chair called the meeting to order at 7:01 p.m. 1.Approval of the Agenda Moved by Councillor Gilliland Seconded by Councillor Gaertner That the agenda as circulated by Legislative Services be approved. Carried 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 3.Planning Applications Councillor Kim outlined the procedures that would be followed in the conduct of the public meeting. The Deputy Town Clerk confirmed that the appropriate notice was given in accordance with the relevant provisions of the Planning Act. Appendix 'A' - January 21, 2020 Public Planning Meeting Minutes Page 152 of 174 Council Public Planning Meeting Minutes Tuesday, January 21, 2020 Page 2 of 3 1.PDS20-007 – Application for Draft Plan of Subdivision, 15370 Leslie (Skale) Inc., 15370 Leslie Street, Part of Lot 2, Concession 2 File Number: SUB-2019-02, Related File Number: ZBA-2017- 02 & SP-2017-02 Planning Staff Mr. Matthew Peverini, Planner, presented an overview of the application and staff report respecting the proposed draft plan of subdivision to facilitate a Parcels of Tied Land (POTL) development with four townhouse blocks totaling 32 freehold units, with common elements including private road, visitor parking, and a stormwater management facility. He provided a brief history of related development applications submitted in the past noting that Council has adopted the zoning by-law and approved the site plan application in principle. It was mentioned that this application sought comments regarding the proposed change in tenure from standard condominium to POTL and the application is generally technical in nature. Consultant Mr. Travis Skelton, Consultant from Skale Developments, supported the comments made by staff and offered to respond to any questions or comments regarding the application. Public Comments Aurora resident Shuk Man Lo requested further details of the proposed development, and staff and consultant agreed to follow up. Moved by Councillor Humfryes Seconded by Councillor Thompson 1.That Report No. PDS20-007 be received; and 2.That comments presented at the Public Planning meeting be addressed by Planning and Development Services in a report to a future General Committee meeting. Carried Page 153 of 174 Council Public Planning Meeting Minutes Tuesday, January 21, 2020 Page 3 of 3 4.Confirming By-law Moved by Councillor Gallo Seconded by Councillor Thompson That the following confirming by-law be enacted: 6233-20 Being a By-law to Confirm Actions by Council Resulting from a Council Public Planning Meeting on January 21, 2020. Carried 5.Adjournment Moved by Councillor Humfryes Seconded by Councillor Kim That the meeting be adjourned at 7:50 p.m. Carried _________________________________ _________________________________ Harold Kim, Deputy Mayor Samantha Yew, Deputy Town Clerk Page 154 of 174 Schedule “A” CONDITIONS OF APPROVAL DRAFT PLAN OF SUBDIVISION (SUB-2019-02) Skale (15370 Leslie) Inc. 15370 Leslie Street, legally described as Part Lot 21, Con. 2 Whitchurch, designated as Part 1 on Plan 65R-7001; PIN 03642-0034 (the “Lands”) DRAFT PLAN APPROVAL AND THE FOLLOWING DRAFT PLAN CONDITIONS LAPSE AT THE EXPIRATION OF THREE YEARS FROM THE DATE THAT THE DRAFT PLAN OF THE LANDS HAS BEEN APPROVED BY COUNCIL. PROVIDED THAT DRAFT PLAN APPROVAL HAS NOT LAPSED, COUNCIL MAY, AT ITS SOLE DISCRETION, EXTEND THE APPROVAL. THE CONDITIONS OF AURORA COUNCIL THAT SHALL BE SATISFIED BY THE OWNER OF THE LANDS (THE “OWNER”) PRIOR TO THE RELEASE FOR REGISTRATION OF ANY M-PLAN OF THE LANDS (THE “PLAN”), ARE AS FOLLOWS: Planning Division Conditions 1. The final draft plan prepared by Schaeffer Dzaldov Bennett Ltd. dated May 28, 2020 with respect to the creation of one (1) block on a plan of subdivision (the “Draft Plan”) and associated conditions of Draft Plan approval shall be amended to the satisfaction of the Planning Division, if revisions are required to implement or integrate any recommendations resulting from studies required as a condition of Draft Plan approval. Further, minor redline revisions to the Draft Plan may also be required to ensure property alignment with existing or proposed lots, blocks, streets, and/or facilities on lands adjacent to the Draft Plan. 2. Prior to the release for registration of the M-Plan(s), the Owner shall submit, to the satisfaction of the Planning Division, the final draft M-Plan in the following form: a) one (1) original mylar; b) two (2) mylar duplicates; and c) three (3) white paper prints, one (1) of which contains an A.O.L.S form. 3. Prior to the execution of the Development Agreement, the Owner shall submit, to the satisfaction of the Planning Division, an electronic and hardcopy version of the signed final draft M-Plan(s) and draft Reference Plan(s) as approved by the Land Registry Office for registration. 4. Prior to the release for registration of the M-Plan(s), the Owner shall enter into and execute agreement(s) with The Corporation of the Town of Aurora (the “Town”) to permit the construction of a residential condominium development on the Lands agreeing to satisfy all conditions, legal, financial (including fees and securities) and otherwise of the Town respecting Site Plan Application SP-2017-12 approved in principle by the Town on September 18, 2018 (the “Site Plan”) and the Draft Plan (collectively the “Development Agreement”). 5. A clause shall be added to the Development Agreement stating that the Owner shall register a condominium plan to create a private road, visitor parking, open space and stormwater management pond on Block 1 on the Draft Plan in accordance with the Site Page 155 of 174 Name SUB-2019-02 Page 2 Conditions of Draft Plan Approval Plan and the Condominium Act, 1998, S.O. 1998, c. 19, s.9 (2), as amended, at the sole expense of the Owner (the “Condo Plan”). 6. A clause shall be added to the Development Agreement stating that if the Condo Plan is for a Common Elements Condominium, the Owner shall obtain the Town’s approval of a Part Lot Control Exemption application to create the Parcels of Tied Land (POTLs) in accordance with the Site Plan. 7. Prior to the execution of the Development Agreement, the Lands shall be appropriately zoned by a zoning by-law that has come into effect in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended (the “Planning Act”), including any terms under which the Town’s Council will consider the removal of a holding “H” symbol, if applicable. 8. Prior to the execution of the Development Agreement, the Owner shall submit to the satisfaction of the Planning Division, a green building and development report related to environmental protection; energy efficiency; solar gain; energy technologies; water conservation; green materials and waste reduction; reduction of noise pollution; and indoor air quality; and a residential information/education package. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the approved report to the satisfaction of the Town. 9. Prior to the execution of the Development Agreement, the Owner shall submit to the satisfaction of the Town and Lake Simcoe Region Conservation Authority in accordance with the Endangered Species Act, 2007, S.O. 2007, c.6., a detailed environmental impact study/natural heritage evaluation (the “Natural Heritage Evaluation”). A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the Natural Heritage Evaluation to the satisfaction of the Town. 10. A clause shall be added to the Development Agreement stating that the Owner shall implement any and all the recommendations for the design and construction of all residential dwelling units, walkways, landscaping and all other elements on the Plan, in accordance with Site Plan Application SP-2017-02 approved by the Council of the Town on September 18, 2018. 11. Prior to the release for registration of the M-Plan(s), the proposed street on the Plan shall be named to the satisfaction of the Planning Division and the Region of York, in accordance with the Town of Aurora Street Naming Policy. 12. Prior to the Owner entering into any Offer to Purchase Agreements res pecting the lands on the M-Plan, the Owner shall submit to the satisfaction of the Town plans to be displayed and posted in all sales offices (and indicated on any copy of the M-Plan prepared for public display or distribution) which clearly indicate the location of the following facilities in respect to the lands being purchased: a) parks by type; b) public trail systems; c) environmental areas and storm water management facilities; d) walkways; Page 156 of 174 Name SUB-2019-02 Page 3 Conditions of Draft Plan Approval e) place of worship sites; f) commercial sites by type; g) existing and proposed schools by type; h) existing and future rail facilities; i) existing and future provincial highways j) existing and future arterial roads; k) existing and potential bus and transit loops; l) existing and proposed fences; m) berms and noise attenuation fencing; n) existing and proposed sidewalks, trails and bicycle paths/routes; o) surrounding land uses; p) future road extensions and all temporary turning circles required to be constructed; and q) all utilities and other facilities as specified by the Town. The Owner shall also display in all sales offices a copy of the approved Zoning By-law for the Lands; and a copy of the Conditions of Draft Plan Approval and any related phasing plans (indicating the timing of registration of future phases) as approved by the Town including any related agreements, reports, plans, studies, etc. approved by the Town as they become available. 13. A clause shall be added to the Development Agreement stating that the Owner shall satisfy any requirements in accordance with: a) the Town’s Parkland/Cash-in-lieu By- law, as amended or successor thereto and applicable policies; and b) any related Parkland Agreement(s) imposed by the Town. Legal Services Division Conditions 14. Prior to the execution of the Development Agreement, the Owner shall submit a draft Solicitor’s Title Opinion for the Lands to the satisfaction of the Town Solicitor. 15. A clause shall be added to the Development Agreement stating that the following items shall be registered on title to the Lands by the Town, for nominal consideration, free of encumbrances, and at the sole cost of the Owner, as applicable, to the satisfaction of the Town Solicitor: a) any and all restrictive covenants or other land interests required by the Town; any and all easements to be granted to the Town for municipal purposes; any and all lands to be conveyed to the Town for municipal purposes; and any public highways or road widenings on the Plan to be dedicated to the Town; b) the Development Agreement and any ancillary agreements required by the Town in priority of all encumbrances; and c) an inhibiting order immediately following the registration of the M-Plan(s), if required. Page 157 of 174 Name SUB-2019-02 Page 4 Conditions of Draft Plan Approval Engineering Division Conditions Private Wells: 16. If required by the Town, prior to the execution of a Development Agreement, the Owner shall submit to the Town’s satisfaction, a survey and written report to study nearby private wells on lands external to the Plan, including information on water quality and quantity. Water sampling and analysis on external lands shall be completed at selected wells where existing water quality concerns are suspected upon obtaining legal access from external land owners. The study shall provide yearly information and a clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations contained in the study for a minimum of two (2) years after completion of any construction of servicing or until any noted concerns are mitigated to the satisfaction of the Town. 17. If required by the Town, prior to the execution of a Development Agreement, the Owner shall submit to the Town’s satisfaction prior to any site alteration on the Plan, and on a yearly basis, a report from the Owner’s hydrogeological consultant (to be retained to monitor the groundwater table) which summarizes and identifies groundwater fluctuations, if any, and provides qualified justification for possible fluctuations including recommendations to mitigate construction impacts, if any, and any modifications required as a result of carrying out the monitoring and design, modifications at the Owner’s sole expense. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the report to the satisfaction of the Town. 18. A clause shall be added in the Development Agreement stating that the Town may require the Owner to provide confirmation prior to the release for registration of the M- Plan(s) that there will be no future ground source heat pump installations involving wells associated with the Plan and that all existing private wells on the Plan will be located and properly abandoned. 19. A clause shall be added to the Development Agreement stating that the Owner shall properly abandon and plug any unused wells on the Plan in accordance with the Ontario Water Resources Act, R.S.O.1990, c. O.40, and R.R.O. 1990, Reg. 903. Stormwater Management: 20. A clause shall be added to the Development Agreement stating that the westerly portion of the Plan as shown on the Site Plan will be used for private stormwater management purposes and that the Town will not be responsible to construct or maintain it. 21. Prior to the execution of a Development Agreement, the Owner shall submit to the Town’s and the Lake Simcoe Region Conservation Authority’s satisfaction a detailed stormwater management report demonstrating that the Owner meets the stormwater management control targets to protect surface and ground water and other natural resources in accordance with the criteria and objectives set out in the Town’s master plan for stormwater management; and a hydrogeological report which addresses water balance and phosphorus removal; demonstrates that the post development water balance and phosphorous removal is acceptable; and provides any recommendations Page 158 of 174 Name SUB-2019-02 Page 5 Conditions of Draft Plan Approval required for mitigation. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations contained in a detailed stormwater management report to the satisfaction of the Town. 22. Prior to the execution of a Development Agreement, the Owner shall submit to the Town’s satisfaction landscape design plans for the implementation of landscape works for the stormwater management facilities on the Plan in accordance with the latest MOEE Stormwater Management Practices Planning and Design Manual and in accordance with Town standards. Landscape Works shall include the placement of 300mm topsoil and plantings. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the report to the satisfaction of the Town. 23. Prior to the execution of a Development Agreement, the Owner shall submit to the Town’s and the Lake Simcoe Region Conservation Authority’s satisfaction a salt water management plan/report which provides details and methods whereby salt and saltwater is to be prevented from entering the groundwater and creeks. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the report to the satisfaction of the Town and Lake Simcoe Region Conservation Authority. Roads and Services: 24. A clause shall be added to the Development Agreement stating that the Owner shall construct, at its sole cost, all roads and any turning circles with emergency access in accordance with the Plans. 25. Prior to the execution of a Development Agreement, the Owner shall submit to the satisfaction of the Town a functional servicing report with detailed engineering design drawings and related reports for the layout and construction of roads and services (i.e. water, storm and sanitary). Sanitary sewers located outside of the Region of York’s r.o.w. shall be constructed in accordance with the Town of Aurora design requirements. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the report to the satisfaction of the Town and Region of York and that the Town will not be responsible to construct or maintain any private roads and services, including, but not limited to snow removal and winter maintenance costs for roads and sidewalks on the Plan. 26. Prior to the execution of a Development Agreement, the Owner shall submit to the satisfaction of the Town a capacity study of the Town’s water distribution system to the Lands in order to determine that the proposed development can be adequately serviced. As part of the study, should the use of a pressure reducing valve (PRV) be required, consideration should be given to individual PRV’s, as well as a review and confirmation of PRV requirements following the water meters. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the study to the satisfaction of the Town. 27. Prior to the execution of a Development Agreement, the Owner shall submit to the satisfaction of the Town a detailed sanitary sewer capacity study (including review of Page 159 of 174 Name SUB-2019-02 Page 6 Conditions of Draft Plan Approval existing sewer conditions in order to determine that the proposed development can be adequately serviced). A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the study (including the upgrading or remediation of any sewers as required) to the satisfaction of the Town. 28. Prior to the execution of a Development Agreement, the Owner shall submit to the satisfaction of the Town plans including a full construction management plan detailing any phasing of construction and development and the means by which construction access will be gained during any construction or phasing. A clause shall be added to the Development Agreement stating whether or not construction access will be limited until such time as the first occupancy of any dwelling on the M-Plan if so determined by the Town in consultation with York Region and approved by Central York Fire Services and the Chief Building Official. 29. Upon execution of the Development Agreement, the Owner shall pay any additional engineering fees to a total fee of 6% of the estimated cost of all work to the satisfaction of the Town in accordance with the Town’s Fees and Charges By-Law, as amended or successor thereto. 30. A clause shall be added to the Development Agreement stating that the Owner shall connect the sanitary servicing within the Plan to the sanitary sewer on Leslie Street and that no Development Charge Credits shall apply to the said connection. 31. Prior to the execution of a Development Agreement, the Owner shall submit to the Town’s satisfaction evidence of the Owner’s completion of an Environmental Site Assessment in accordance with the Environmental Protection Act, R.S.O. 1990, c. E.19, O. Reg. 153/04 and O. Reg. 511/95, all as amended, undertaken by a qualified person registered to ensure that the land is suitable for the proposed use. If in the opinion of the qualified person, the Environmental Site Assessment indicates the land may not be suitable for the proposed uses, the qualified person shall so advise the Ministry of the Environment and Climate Change and the Town. If applicable, a clause shall be added to the Development Agreement stating that prior to the release for registration of the M-Plan, the Owner shall do further investigative studies and do all work required to make the Lands suitable for the proposed use to the satisfaction of the Town. 32. Prior to the execution of a Development Agreement, the Owner shall submit to the Town’s and Region of York’s satisfaction an internal and external traffic management plan including an external traffic study. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the works and recommendations of the plans and study to the satisfaction of the Town and that all traffic control devices (including temporary pavement markings) as specified in the internal traffic study shall be constructed prior to the occupancy of any dwelling on the M-Plan. 33. A clause shall be added to the Development Agreement stating that the Owner shall provide sanitary sewer and storm sewer inspection testing and acceptance in accordance with the latest standards and certifications of the National Association of Sewer Service Companies. Sanitary sewer inspection testing and acceptance shall be in accordance with York Region Sanitary Inspection, Testing and Acceptance Page 160 of 174 Name SUB-2019-02 Page 7 Conditions of Draft Plan Approval Guideline requirements dated September 2011, as amended from time to time and the requirements of the Town. Storm sewer and manhole inspection testing and acceptance shall be in accordance with the requirements and policies of the Town. Noise Impact Study: 34. Prior to the execution of a Development Agreement, the Owner shall submit to the Town’s satisfaction a noise impact study (environmental noise analysis) which: a) assesses projected nuisances caused by noise or vibration (as necessary) within the development prepared by a qualified noise consultant with recommended mitigation measures for noise generated by the development’s internal road network; b) demonstrates how noise levels can be made to be acceptable in accordance with current Ministry of the Environment guidelines, Ontario Provincial standards, and Region of York and Town policies; c) addresses the long-term functionality and maintenance of any recommended mitigation measures which are deemed appropriate and acceptable to the Town; and d) addresses the maximum 55dBA limit and the long term functionality and maintenance requirements of the recommended mitigation measures (attenuation barriers cannot be located on Town property or require the Town to maintain and all attenuation measures and mitigating measures proposed for acoustical purposes shall also be approved by the York Region Transportation Services Department). 35. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations and measures of the approved noise study, including the construction, installation, maintenance, inspection, alteration, removal and reconstruction of any noise attenuation walls; and the inclusion of warning clauses in all Offer to Purchase Agreements respecting the M-Plan to the satisfaction of the Town and York Region. Parks Division Conditions Environmental Protection Lands: 36. A clause shall be added to the Development Agreement stating that the Owner shall, in regard to the portion of the Lands zoned as environmental protection area(s) (the “EP Zone”): a) carry out or cause to be carried out landscaping and habitat restoration on the Plan in accordance with the Natural Heritage Evaluation to the satisfaction of the Town and Lake Simcoe Region the Conservation Authority b) not disturb or otherwise use any portion of the EP Zone for the storage of topsoil or fill materials; c) not encroach into the EP Zone without prior written approval of the Parks Division; d) not alter grades within buffers on the EP Zone; Page 161 of 174 Name SUB-2019-02 Page 8 Conditions of Draft Plan Approval e) provide a forest edge enhancement and management plan addressing invasive species removal, native restoration plantings, and removal of dead or hazardous trees and limbs within the EP Zone; f) install on-site temporary Paige wire protection/silt fencing along the boundaries of the EP Zone prior to any adjacent development disturbance, and maintain in place the temporary fencing for the duration of development construction; and g) restore and revegetate any proposed disturbance or grading activities within the EP Zone with extensive plantings using native species compatible with the surrounding environment. 37. Prior to execution of a Development Agreement, the Owner shall submit to the Town’s satisfaction design plans for the naturalization and restoration plantings on the Plan. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the works described on design plans to the satisfaction of the Town. Vegetation Management: 38. Prior to execution of a Development Agreement, the Owner shall submit to the satisfaction of the Town a vegetation management plan (the “VMP”) prepared by a consulting landscape architect in coordination with a certified arborist or registered professional forester, or other environmental specialist, as required, which shall include, but not be limited to, the following: a) a detailed vegetation inventory and assessment identifying all vegetation 50mm caliper or greater for individual tree assessments and/or perimeter at canopy of woodland, groups or stands of vegetation; identifying trees and vegetation on adjacent property that may be impacted; and including inventory that identifies species, size and condition; b) identification of all vegetation removals and identification of all protection measures including tree preservation zones for vegetation designated to be preserved; an at–grade impact assessment to support vegetation removals; and/or preservation measures; c) a monetary vegetation appraisal in order to determine compensation planting in accordance with the Town’s Tree Removal/Pruning & Compensation Policy; d) provisions for compliance monitoring and protection/mitigation specifications and implementation of all arboricultural requirements for trees designated to be preserved during construction; and provisions for post construction performance monitoring and rehabilitation specifications; e) the Town’s minimum tree preservation standards, and for trees in close proximity to existing and proposed residential infrastructure, ensure trees designated to remain are safe, healthy, structurally sound and free of all hazard conditions, and trees in poor or declining health being removed with all Ash (Fraxinus) species being designated for removal due to exposure to Emerald Ash Borer; f) coordination with existing homeowners for trees located on property boundaries that require removal with homeowner’s approval for removals and coordination, method of removal, and replacement being obtained; g) a compensation planting plan providing plantings equal to or greater than the appraised value of vegetation designated to be removed within the Page 162 of 174 Name SUB-2019-02 Page 9 Conditions of Draft Plan Approval Plan, which compensation planting shall be completed in addition to the Town’s minimum planting standards, and where compensation plantings cannot be provided within the Plan in the full assessed value, the Owner shall pay a fee to the Town equal to the value of the balance of compensation plantings in the sole opinion of the Town; and h) coordination of naturalization and restoration plantings and vegetation related recommendations from the Natural Heritage Evaluation. 39. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out and the recommendations of the VMP to the satisfaction of the Town and that the Owner shall prior to the commencement of any demolition, topsoil removal, grading or construction activities within the Plan, construct and maintain in good condition temporary paige post and wire protection fencing for all vegetation and natural areas to be preserved, in accordance with the VMP and provide signage panels on protection fencing identifying the purpose of the fencing and indicating no disturbance beyond the fence. 40. Prior to the execution of the Development Agreement, the Owner shall only be permitted to remove trees within the Plan upon the execution of an agreement with the Town with respect to tree removal, preservation, payment of fees, and any such oth er related items to the satisfaction of the Town. Landscaping: 41. Prior to execution of a Development Agreement, the Owner shall submit to the Town’s satisfaction landscape design plans including , but not limited to: a) landscape works for street tree plantings on all road allowances within the Plan; b) all proposed fencing, landscape structures, entry features, buffer plantings or any other landscape features required by urban and architectural design guidelines or as required by Town standards (onsite black vinyl chain link fencing to Town standards shall be installed on the municipal side of the lot lines for all lots and blocks adjoining public lands on the Plan); c) landscape works for the construction of trails within stormwater management Block(s) on the Plan in accordance with the latest Ministry of Environment and Climate Change stormwater management practices and Town standards (landscape works shall include the placement of 300mm topsoil and plantings). 42. Clauses shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the works set out in the landscape design plans to the satisfaction of the Town in accordance with Town standards and that: a) as an alternative, and at sole the discretion of the Town, the Owner shall pay to the Town cash-in-lieu of the value of street tree plantings to the satisfaction of the Town; b) the Owner shall provide consistent and continuous minimum 300mm depth topsoil for all areas associated with tree and shrub plantings within the Plan (these areas shall include all boulevards designated for street tree Page 163 of 174 Name SUB-2019-02 Page 10 Conditions of Draft Plan Approval plantings, storm water management facilities and landscape and grading buffers); c) the Owner shall perform topsoil testing in accordance with Town standards by an approved agency to determine nutrient availability for all topsoil sources to be utilized within the Plan and that the Owner shall implement fertilizers and soil amendments in accordance with topsoil test recommendations; and d) that the Owner shall pay a one-time financial contribution for the purposes of supplementing the Town's on-going annual maintenance costs associated with landscape works on municipal lands, such works as required by the Town's standards and/or approved urban and architectural design guidelines (the amount of the contribution shall be equal to twenty- five percent (25%) of the total cost of plant material installed on municipal lands within the Plan, with the exception of naturalization and restoration plantings within the Plan). Building Division Conditions 43. Prior to execution of a Development Agreement, the Owner shall submit a schedule certified by an Ontario Land Surveyor indicating the areas and frontages of the proposed lots, blocks and/or units within the Plan, to the satisfaction of the Chief Building Official. 44. Prior to execution of a Development Agreement, the Owner shall submit to the Town’s satisfaction a geotechnical report, which deals with the relative elevations of foundations and footings, the requirements for engineered fill based on existing subsurface conditions, and the requirements for road and municipal services construction. A clause shall be added to the Development Agreement stating that the Owner shall carry out or cause to be carried out the recommendations of the report to the satisfaction of the Town. 45. Prior to execution of a Development Agreement, the Owner shall submit to the satisfaction of the Town reference plan(s) and engineering details, specifications and recommendations from the Owner’s engineer for any retaining walls to be constructed within the Plan for which a building permit is required under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and O. Reg. 332/12 (Building Code), (the “Building Code Act”), indicating therein any restrictions such as setback limits for structures, in-ground or above ground pools, trees and landscaping etc.. If any restrictions are identified in the Owner’s engineer recommendations, a clause shall be added to the Development Agreement stating that the Owner shall register restrictive covenants on title to the Lands to the satisfaction of the Town. 46. A clause shall be added to the Development Agreement stating that prior to the Town’s release for registration of the Plan, the Owner shall obtain a permit under the Building Code Act for the decommissioning of any septic system and shall submit a consultant’s certificate upon completion of the decommissioning to the satisfaction of the Town’s Chief Building Official. 47. A clause shall be added to the Development Agreement stating that prior to the Town’s release for registration of the Plan, the Owner shall obtain a permit under the Building Page 164 of 174 Name SUB-2019-02 Page 11 Conditions of Draft Plan Approval Code Act for the demolition of any buildings or structures prior to the demolition of said buildings or structures to the satisfaction of the Town’s Chief Building Official. Warning Clauses: 48. A clause shall be added to the Development Agreement stating that the Owner shall include in Offer to Purchase Agreements with prospective purchasers, warning clauses, including, but not limited to the following, as required by the Town: a) “Purchasers are advised that the developer is required to undertake and has borne the sole cost of the following items: i) street trees; ii) corner lot fencing as identified on the approved engineering plans; iii) rear lot fencing as identified on the approved engineering plans; iv) noise attenuation fencing and berms as identified in the approved noise impact study and the approved engineering plans; v) fencing (if required) along school blocks, park blocks and environmental protection block(s) as identified on the approved engineering plans; vi) entry features and fencing (if required) as identified on the approved landscape plans; and e) providing a copy of the Town's "Boulevard Tree" information brochure at the time of street tree installations.” b) “Purchasers/tenants are advised that: i) if sound levels are expected to exceed the noise criteria of the Municipality and the Ministry of the Environment and Climate Change, there may be noise warnings or noise control features associated with certain lots or blocks on the Plan required in accordance with an approved noise study; ii) if there are adjacent lands intended for conservation and naturalization, although they are to remain as much as possible in their natural state, portions may be used for active recreational use, a public trail system and trail amenities, and the Town will not be responsible for pedestrian traffic, night lighting, noise or any inconvenience or nuisance which may present itself as a result of the lands and associated trail system and recreational amenities; iii) fence gates and/or other means of access will not be permitted to access any adjoining municipal lands (including, but not limited, to municipal lands used for parks, open space, environmental and stormwater management purposes) from residential properties; and iv) if retaining walls are installed on their lot or block on the Plan, restrictive covenants may be registered against the title in accordance with the terms of the Development Agreement. c) "Purchasers are advised that all sanitary sewers, storm sewers, storm water management ponds, watermains, roadways, curbs, sidewalks, streetlights, sewage pumping station and forcemain and other services situated within and Page 165 of 174 Name SUB-2019-02 Page 12 Conditions of Draft Plan Approval servicing the condominium development are under the private ownership and responsibility of the condominium corporation and comprise part of the Common Elements and that all required actions, works, costs and expenses with respect to the use, operation, maintenance, repair, replacement and alteration of these services are the responsibility, liability and obligation of the condominium corporation and the Purchaser acknowledges that the Town shall have no responsibility, liability, or obligation whatsoever with respect to any other use, operation, maintenance, repair, replacement and alteration of these services.” d) "Purchasers are advised that their property may be subject to any necessary and required easements, rights of way or blanket easements in favour of the condominium corporation or utility service providers to accommodate for and allow the installation, placement, operation and maintenance by the condominium corporation of the above grade or below grade sanitary, storm, watermains and other services which form part of the Common Elements of the placement, operation and maintenance of utility services, including gas, hydro, cable, telephone, fibre optics and telecommunications and that the use and enjoyment of the front, side and/or rear yards of their property may be limited or restricted by such easements, rights of way, or blanket easements and by the installation, placement, maintenance, and operation of such services or utilities and that, without limitation, use and enjoyment of the front yard may be further limited or restricted by the placement and use of street furniture and above grade services or utilities." York Region Conditions 49. The Owner shall enter into an agreement with the Town of Aurora, which agreement shall be registered on title, committing the owner to: A. Not enter into any agreement or purchase and sale with end users (*) for the subject lands until such time as: a. i: The Council of the Town of Aurora has allocated, within the limit of the Regional capacity assignment, adequate available water and wastewater servicing capacities to the subject development; and, ii: York Region has advised in writing that it is no earlier than twelve (12) months prior to the expected completion of all water and wastewater infrastructure required to support the Regions capacity assignment pertaining to the Town of Aurora allocation used for the subject development; or b. The Town approves a transfer of servicing allocation to this development that is not dependent on the construction of infrastructure; or Page 166 of 174 Name SUB-2019-02 Page 13 Conditions of Draft Plan Approval c. The Regional Commissioner of the Environmental Services and the Town of Aurora confirm servicing capacity for this development by a suitable alternative method and the Town of Aurora allocates the capacity to this development. B. Not enter into any agreements of purchase and sale with non end users for the subject lands unless the agreement of purchase and sale contains a condition that requires the purchaser and any subsequent purchasers to enter into a separate agreement with the Town of Aurora. This agreement shall be registered on title, committing the owner to the same terms as set out in item A above. 50. The Owner shall enter into an indemnity agreement with York Region. The agreement shall be registered on title, agreeing to save harmless York Region from any claim or action as a result of York Region releasing conditions and pre-conditions of draft approval as part of the draft approval of subject Plan of Subdivision or any phase thereof by the Town of Aurora, including, but not limited to claims or actions resulting from, water or sanitary sewer service not being available when anticipated. The agreement shall include a provision that requires all subsequent purchasers of the subject lands, who are not end users, to enter into a separate agreement with York Region as a condition of the agreement of purchase and sale, agreeing to indemnify York Region on the same terms and conditions as the owner. (*) the term 'end users', for the purpose of the above-noted pre-conditions, is defined as the eventual homeowner who is purchasing a dwelling for the purpose of occupancy. 51. The Owner shall save harmless the Township of Aurora and York Region from any claim or action as a result of water or sanitary sewer service not being available when anticipated. 52. The Owner shall agree to install the proposed crossing works involving the low pressure sewer and the watermain that crosses the Region's 750mm diameter watermain on Leslie Street to the satisfaction of the Region. 53. The Owner shall agree to include the following clause in the subsequent Subdivision Agreement, Purchase Agreement(s), Site Plan Agreement, Condominium Agreement(s) and Declaration of Condominium Agreement(s) "THE OWNER UNDERSTANDS AND ACKNOWLEDGES THAT THE ACCESS TO LESLIE STREET IS RESTRICTED TO RIGHT-IN RIGHT-OUT OPERATION ONLY." 54. The following warning clause shall be included with respect to the lots or blocks affected: "Purchasers are advised that despite the inclusion of noise attenuation features within the development area and within the individual building units, noise levels will continue to increase, occasionally interfering with some activities of the building's occupants". 55. The Owner agrees that access to Leslie Street will be restricted to right in/right out only and that it shall not initiate any action suit or any other proceeding against the Region Page 167 of 174 Name SUB-2019-02 Page 14 Conditions of Draft Plan Approval before any court or tribunal as a result of these restrictions of access to and from the site; including, but not limited to, any action for injurious affection. 56. The Owner shall agree to be responsible for the cost and construction of the centre median on Leslie Street. 57. The Owner shall agree to implement the recommendations of the revised Transportation Study, including TDM measures and incentives, as approved by the Region. 58. The Owner shall agree to advise all potential purchasers of the existing and future introduction of transit services. The Owner/consultant is to contact YRT Contact Centre (tel. 1-866-668-3978) for route maps and the future plan maps. 59. The road allowances included within the draft plan of subdivision shall be named to t he satisfaction of the Town of Aurora and York Region 60. The Owner shall provide to the Region the following documentation to confirm that water and wastewater services are available to the subject development and have been allocated by the Town of Aurora: • A copy of the Council resolution confirming that the Town of Aurora has allocated servicing capacity, specifying the specific source of the capacity; to the development proposed within this draft plan of subdivision. • A copy of an email confirmation by Town of Aurora staff stating that the allocation to the subject development remains valid at the time of the request for regional clearance of this condition. 61. The Owner shall provide an electronic set of final engineering drawings showing the watermains and sewers for the proposed development to the Community Planning and Development Services branch and the Infrastructure Asset Management branch for record. 62. The Leslie Street widening adjacent to this site is under progress. Should the Owner require the access improvements prior to the completion of the adjacent capital works projects of the Region, the Owner shall co-ordinate with Edward Chiu, P.Eng., Sr. Project Manager Capital Planning & Delivery, Transportation Services Tel: 1-877-464- 9675 ext. 75908, email: edward.chiu@york.ca. 63. The Owner shall provide a basic 36.0 metres right-of-way for this section of Leslie Street. As such, all municipal setbacks shall be referenced from a point 18.0 metres from the centreline of construction of Leslie Street and any additional lands required for turn lanes at intersections will be conveyed to York Region for public highway purposes, free of all costs and encumbrances, to the satisfaction of York Region Solicitor. 64. The Owner shall demonstrate that the access to Leslie Street will be physically restricted. Page 168 of 174 Name SUB-2019-02 Page 15 Conditions of Draft Plan Approval 65. The Owner shall provide an executed Subdivision Agreement to the Regional Corporate Services Department, outlining all requirements of the Corporate Services Department. 66. The Owner shall enter into an agreement with York Region, agreeing to satisfy all conditions, financial and otherwise, of the Regional Corporation; Regional Development Charges are payable in accordance with Regional Development Charges By-law in effect at the time that Regional development charges, or any part thereof, are payable. Lake Simcoe Region and Conservation Authority Conditions 67. That this approval is applicable to the Draft Plan of Subdivision prepared by Schaeffer Dzaldov Bennett Ltd., (MAY 28, 2020) and may be subject to redline revisions based on the detailed technical plans and studies. 68. That prior to final plan approval and any major site alteration, the following shall be prepared to the satisfaction of the LSRCA and the Town: a. A detailed storm water management report b. A detailed erosion control plan c. A detailed grading plan d. A detailed landscaping / planting plan for the vegetation protection zones to the on-site natural heritage features e. A detailed Natural Heritage Evaluation 69. That prior to final approval, the following shall be undertaken to the satisfaction of the LSRCA, in accordance with the South Georgian Bay Lake Simcoe Source Protection Plan: a. Detailed Hydrogeological Report / Water Balance b. Compensatory Measures if required 70. That prior to final approval, the following shall be undertaken to the satisfaction of the LSRCA, in accordance with the Phosphorus Offsetting Policy: a. Phosphorus budget b. Compensatory measures if required 71. That the owner shall agree in the Subdivision Agreement to carry out, or cause to be carried out, the recommendations and requirements contained within the plans and reports as approved by the LSRCA and the Town. 72. That prior to final approval, the owner shall implement an ecological offsetting strategy to the satisfaction of the LSRCA. 73. That the Owner shall agree in the subdivision agreement to install a living / cedar rail fence to delineate the hybrid bioswale at the rear of Block B and Block C to ensure the protection of the function of the bioswale. Page 169 of 174 Name SUB-2019-02 Page 16 Conditions of Draft Plan Approval 74. That the owner shall agree in the Subdivision Agreement to retain a qualified professional to certify in writing that the works were constructed in accordance with the plans and reports as approved by the LSRCA and the Town. 75. That the owner shall agree in the Subdivision Agreement to ensure that proper erosion and sediment control measures will be in place in accordance with the approved Grading and Drainage Plan, and Erosion and Sediment Control Plan prior to any site alteration or grading. 76. That the owner shall agree in the Subdivision Agreement to grant any easements required for storm water management purposes to the Town. 77. That prior to final plan approval, the owner shall pay all development fees to the LSRCA in accordance with the approved fees policy, under the Conservation Authorities Act. 78. That the owner shall agree in the Subdivision Agreement to maintain all existing vegetation up until a minimum of 30 days prior to any grading or construction on-site in accordance with 4.20b.-DP of the Lake Simcoe Protection Plan. 79. That prior to final plan approval, the owner shall obtain a permit from the LSRCA for any development within an area subject to Ontario Regulation 179/06 under the Conservation Authorities Act. 80. The Owner shall agree in the Subdivision Agreement to indemnify and save harmless the municipality and the LSRCA from all costs, losses, damages, judgements, claims, demands, suits, actions, or complaints resulting from any increased flooding or erosion to property and people as a result of the approved storm water management scheme. The Owner shall obtain and maintain in full force and effect during the term of this agreement general liability insurance with respect to the storm water management works and system. Central York Fire Services Conditions 81. Prior to release of the plan for registration, the Owner shall demonstrate the following, to the satisfaction of Central York Fire Services: a. A minimum width of 6 metres from face of the curb to face of the curb is to be provided for fire route, and cannot be impacted by any on street parking; b. Fire hydrants shall be installed in accordance with the applicable Municipal Design Standards; c. Private and municipal hydrants shall be clearly identified on the site plan; d. The minimum width for a firebreak is 9 metres; e. A maximum of one townhouse block is permitted to be under construction consecutively before a fire break is required; f. A schedule of firebreak lots shall be submitted to Central York Fire Services, Fire Prevention Division for approval; g. Fire route location to be indicated on plans; h. A minimum of temporary street signage must be in place to assist emergency responses prior to construction of buildings; Page 170 of 174 Name SUB-2019-02 Page 17 Conditions of Draft Plan Approval i. All roads must be complete to a minimum base coat and be able to support emergency vehicles with site access acceptable to Central York Fire Services prior to any building construction; j. Plans shall include provisions for emergency vehicle access required to be maintained during construction; k. Water supply for firefighting, including hydrants must be installed and operational prior to construction of buildings; l. A schedule of Firebreak lots/blocks is to be submitted to Central York Fire services for approval prior to construction of buildings. Builders/developers will not make application for building permits for designated firebreak lots/blocks without written release of firebreak designation from Central York Fire Services; m. Authorized signs shall be placed at points of commencement and termination of the fire route, respectively, and at 23.0 metre intervals in between the said points of the commencement and termination. As these roads appear to be common element/condo roads, they are all considered fire route and must be designated/signed as such; n. Where the fire route abuts the face of a building, fire route signs mat be affixed to the face of a building at a minimum height of 2.0 metres, and a maximum height of 2.75 metres. Where the fire route abuts a sidewalk or landscaped area, fire route signs shall be erected on permanent posts at a minimum height of 2.0 metres and a maximum height of 2.75 metres; o. Fire route design for centre line turning radius shall not be less than 12m as required by the OBC Di B 3.2.5.6 (1) (b). Turning radii are to be indicated on the site plan; p. Snow removal and snow plowing is to be provided for common element condo roads during winter months to maintain clear fire department access and turn around facilities. 82. Prior to any servicing or pre-servicing (water mains, hydrants, etc.) of the site or registration of the Plan, whichever comes first, the Owner shall provide a fire safety design plan to address the response time for all lots/units proposed in Block 1 on the Plan as required by Central York Fire Services’ Fire Master Plan to the satisfaction of Central York Fire Services and the Director of Planning and Development Services. A clause shall be added to the Subdivision Agreement stating that the Owner shall implement any and all recommendations from the Owner’s Fire Safety Design Plan Ministry of Tourism, Culture and Sport 83. A clause shall be added to the Development Agreement stating that the Owner shall not grade or otherwise disturb the soil on the Lands prior to the Ministry of Tourism, Culture and Sport confirming that all archaeological resource concerns have met licensing and resource conservation requirements. Bell Canada 84. The Owner shall indicate in the Agreement, in words satisfactory to Bell Canada, that it will grant to Bell Canada any easements that may be required, which may include a blanket easement, for communication/telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. Page 171 of 174 Name SUB-2019-02 Page 18 Conditions of Draft Plan Approval Canada Post 85. Clauses shall be included in the Development Agreement(s) stating that the Owner shall: a. The owner/developer will consult with Canada Post to determine suitable permanent locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans. b. Confirm to Canada Post that the final secured permanent locations for the Community Mailboxes will not be in conflict with any other utility; including hydro transformers, bell pedestals, cable pedestals, flush to grade communication vaults, landscaping enhancements (tree planting) and bus pads. c. Install concrete pads at each of the Community Mailbox locations as well as any required walkways across the boulevard and any required curb depressions for wheelchair access as per Canada Post’s concrete pad specification drawings. d. Prepare and maintain an area of compacted gravel to Canada Post’s specifications to serve as a temporary Community Mailbox location. This location will be in a safe area away from construction activity in order that Community Mailboxes may be installed to service addresses that have occupied prior to the pouring of the permanent mailbox pads. This area will be required to be prepared a minimum of 30 days prior to the date of first occupancy. e. Communicate to Canada Post the excavation date for the first foundation (or first phase) as well as the expected date of first occupancy. f. Include in all offers of purchase and sale a statement, which advises the prospective new home purchaser/tenants that mail delivery will be from a designated Community Mailbox, and to include the exact locations (list of lot #s) of each of these Community Mailbox locations; and further, advise any affected homeowners/tenants of any established easements granted to Canada Post. g. Be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off. Enbridge Gas 86. The owner shall contact Enbridge Gas Distribution’s Customer Connections department by emailing SalesArea30@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. 87. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. 88. Easement(s) are required to service this development and any future adjacent developments. The applicant will provide all easement(s) to Enbridge Gas Distribution at no cost. Page 172 of 174 Name SUB-2019-02 Page 19 Conditions of Draft Plan Approval 89. In the event a pressure reducing regulator station is required, the applicant is to provide a 3 metre by 3 metre exclusive use location that cannot project into the municipal road allowance. The final size and location of the regulator station will be confirmed by Enbridge Gas Distribution’s Customer Connections department. For more details contact SalesArea30@enbridge.com Alectra Utilities 90. The owner/developer shall complete a subdivision application form and enter into a legal binding Offer to Connect (OTC) agreement with Alectra Utilities which outline roles and responsibilities pertaining to the design, installation, energization and servicing of the Electrical Distribution System (EDS) for the subdivision. Design and Installation of the EDS can only commence once all monies, securities, easements and executed OTC have been received by Alectra Utilities. The owner/developer is responsible to provide proof of the executed OTC to the municipality to have this condition met. Clearances 91. The Town’s Planning Division shall advise that Conditions 1 to 13, 48 and 49 to 90 have been satisfied, stating briefly how each condition has been met. 92. The Town’s Legal Services Division shall advise that Conditions 14 to 15 have been satisfied, stating briefly how each condition has been met. 93. The Town’s Engineering Division shall advise that Conditions 16 to 35, and 48 have been satisfied, stating briefly how each condition has been met. 94. The Town’s Parks Division shall advise that Conditions 36 to 42, and 48 have been satisfied, stating briefly how each condition has been met. 95. The Town’s Building Division shall advise that Conditions 43 to 48 have been satisfied, stating briefly how each condition has been met. 96. York Region shall advise that Conditions 49 to 66 have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 97. The Lake Simcoe Region Conservation Authority shall advise that Conditions 67 to 80 have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 98. Central York Fire Services shall advise that Conditions 81 to 82 have been satisfied; the clearance letter shall include a brief statement detailing how the condition has been met. 99. The Ministry of Tourism, Culture and Sport shall advise that Condition 83 has been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. Page 173 of 174 Name SUB-2019-02 Page 20 Conditions of Draft Plan Approval 100. Bell Canada shall advise that Condition 84 has been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 101. Canada Post shall advise that Condition 85 has been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 102. Enbridge Gas shall advise that Conditions 86 to 89 have been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. 103. Alectra Utilities shall advise that Condition 90 has been satisfied; the clearance letter shall include a brief statement detailing how each condition has been met. Page 174 of 174