AGENDA - Special Council - 20120306PUBLIC RELEASE
March 2, 2012
TOWN OF AURORA
SPECIAL COUNCIL MEETING NO.12-07
AGENDA
Tuesday, March 6, 2012
7:00 p.m.
Council Chambers
I DECLARATIONS OF PECUNIARY INTEREST
II APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved as presented.
III PRESENTATION
(a) Marco Ramunno, Director of Planning and Development Services
Re: Item 1 - Regional Modifications and Approval of the Town’s New
Official Plan (2010)
IV PUBLIC CONSULTATION – OPEN SESSION – OPPORTUNITY FOR
MEMBERS OF THE PUBLIC TO PROVIDE INPUT REGARDING THE
OFFICAL PLAN
V CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION
VI READING OF BY-LAW
RECOMMENDED:
THAT the following listed confirming by-law be given first, second, and third
readings and enacted:
Special Council Meeting Agenda
Tuesday, March 6, 2012
Page 2 of 3
5413-12 BEING A BY-LAW to Confirm Actions by pg. 48
Council Resulting from Special Council Meeting
held on March 6, 2012
VII ADJOURNMENT
Special Council Meeting Agenda
Tuesday, March 6, 2012
Page 3 of 3
AGENDA ITEM
1. PL12-002 - Regional Modifications and Approval of the Town’s New pg. 1
Official Plan (2010)
**Please bring Appendix B and C provided with the February 21, 2012 General
Committee agenda
RECOMMENDED:
THAT Council receive Report No. PL12-002 for information.
ADDITIONAL ITEMS
FOR SPECIAL COUNCIL MEETING
Tuesday, March 6, 2012
Additional Information to Item 1
Correspondence received from Novatech Engineering Consultants Ltd.
Re: Item 1 - PL12-002 - Regional Modifications and Approval of the Town’s New
Official Plan (2010)
RECOMMENDED:
THAT the correspondence from Novatech Engineering Consultants Ltd. be
received for information.
March 5, 2012
BY EMAIL
Town of Aurora
1 Municipal Drive, Box 1000
Aurora, Ontario
L4G 6J1
Attention: Mr. Fausto Filipetto
Planning and Development Services Department
Dear Mr. Filipetto:
Re: Proposed Official Plan Modifications
Ontario Restaurant Hotel and Motet Association
Our File: 110108-10
Further to our letter dated February 21, 2012 and on behalf of the Ontario Restaurant Hotel and
Motel Association (ORHMA) and its member brands, in this case being A&W Food Services of
Canada Inc., McDonald's Restaurants of Canada Limited, The TDL Group Corp. (operators and
licensors of Tim Horton's Restaurants) and Wendy's Restaurants of Canada, please accept this
submission as clarification of our comments with respect to drive -through facilities.
Our clients have consistently taken the position that prohibitions are beyond the powers of a
municipality granted under Section 16 of the Planning Act, with respect to the purpose of an
Official Plan. To address our concern, we recommend the following modifications to the Official
Plan:
• Delete Section 11.3.1(c)(i)
• Delete Section 11.4.1(c)(i)
• Delete Section 11.5.1(b)(i)
• Do not approve Modification 76 in Report No. PL12-002 to General Committee.
• Delete Section 11.6.1(c)(i). This is recommended by Modification 77 in Report -No. PL12-
002 to General Committee
• Delete Section 11.6.1(d) as this policy would become unnecessary with the deletion of
Section 11.6.1(c)(i).
• Delete Section 11.7.1(c)(i). This is recommended by Modification 77 in Report No. PL12-
002 to General Committee
• Delete Section 11.7.1(d) as this policy would become unnecessary with the deletion of
Section 11.7.1(c)(i).
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Suite 200,20 Michael Cotvpland Ur., 6teuva ON K2M IP6 T4;(413) 254-9643. rax: (613) 254-5867 w .nowtech-eng.wru
Upon review of Report No. PL12-002 to General Committee, we note that Modification 146, with
respect to the site specific policy 28, contains a prohibition for a number of uses including, "drive -
through restaurants and/or drive -through financial institutions". The site specific policies in Section
16, Policy 28 should be revised to remove the prohibition of drive -through restaurants and/or drive
through financial institutions.
Staff have proposed a modification that will add new policies related to drive -through facilities.
Modification 89 in Report No. PL12-002 to General Committee proposes the following wording to
be added to the Official Plan as Section 11.14.4,
"Drive-Thru Facilities
a) Where drive-thru facilities are not prohibited by this Plan, they shall:
i. Be located in a manner that has a minimal physical impact on sidewalks
and accessible open spaces.
ii. Be prohibited in the front yard of any buildings.
iii. Not detract from the character of the area within which they are located.
iv. Be subject to Site Plan Control in order to ensure that any potential
impacts are addressed and to ensure compatibility with the surrounding
uses.
v. Be required to demonstrate that the following impacts on adjacent or
nearby residential uses have been minimized or controlled to the
satisfaction of the Town:
• noise;
• odour, dust or fumes from vehicles;
• light penetration, including overhead lighting and light from
• headlights; and
• traffic impacts, including volume and location of access/egress and
stacking spaces associated with the drive-thru facility."
While the new language is generally consistent with language used in other municipalities, we
have a concern with respect to proposed Policy 11.14.4 (a) (v). It is our opinion that methods for
minimizing or controlling odours, dust or fumes from vehicles cannot be determined in any
circumstance. There are no quantitative or qualitative criteria that are generally acceptable by the
municipalities to demonstrate how odours, dust or fumes from vehicles could be minimized or
controlled. Furthermore, we note that odour, dust or fumes associated with vehicles are generated
by any use, be it commercial, industrial, institutional or residential. The policies as recommended
imply that odours, dust or fumes from vehicles are somehow associated only with drive -through
facilities. Odour, dust and fumes from vehicles are equally associated to any parking lot, loading
area, driveway or public road in the County.
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To address this concern, we recommend that the wording proposed for Section 11.14.4 be revised
to read as follows:
"Drive-Thru Facilities
b) Where drive-thru facilities are not prohibited by this Plan, they shall:
i. Be located in a manner that has a minimal physical impact on sidewalks
and accessible open spaces.
ii. Be prohibited in the front yard of any buildings.
iii. Not detract from the character of the area within which they are located.
iv. Be subject to Site Plan Control in order to ensure that any potential
impacts are addressed and to ensure compatibility with the surrounding
uses. When proposing a new drive -through facility, site design should
consider appropriate separation between vehicles and residential land
uses.
v. Be required to demonstrate that the following impacts on adjacent or
nearby residential uses have been minimized or controlled to the
satisfaction of the Town:
• noise;
• light penetration, including overhead lighting and light from
• headlights; and
• traffic impacts, including volume and location of access/egress and
stacking spaces associated with the drive-thru facility."
Upon review of Report No. PL12-002 to General Committee, we note that Modification 129
proposes adding a new Section 15.2.1 (Complete Applications). The language proposed for
Section 15.2.1 contains conflicting language. It is our understanding that Section 15.2.1 is
intended to provide a comprehensive list of supporting materials that may be required when
considering a planning application. However, the language of Section 15.2.1 (c) states,
"To be considered a complete application under the Planning Act, the following
materials are required with the submission of a completed application form and the
receipt of all applicable fees."
It is noted that language following the Table of required reports explains that the list of reports is
intended to be flexible and should be determined through a pre -consultation request. To remain
consistent, the statement above should be revised to read,
"To be considered a complete application under the Planning Act, the following
materials may be required with the submission of a completed application form and
the receipt of all applicable fees."
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We appreciate your consideration of the above matters. We reserve the right, and the rights of our
clients, ORHMA and its member brands, to provide further comments should new matters arise
from further review of the Council adopted Official Plan and proposed modifications.
Yours truly,
NOVATECH ENGINEERING CONSULTANTS LTD.
Adam Thompf,MCIP, RPP
Planner
cc. Geoffrey Dawe, Mayor, Town of Aurora
John Leach, Town Clerk, Town of Aurora
Tony Elenis, President & CEO, ORHMA
Brandy Giannetta, Government Relations Manager, ORHMA
Paul Hewer, McDonald's Restaurants of Canada Limited
Susan Rosales, The TDL Group Corp.
Leslie Smejkal, The TDL Group Corp.
Darren Sim, A & W Restaurants
Susan Towle, Wendy's Restaurants of Canada
Michael Polowin, Gowlings
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