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            M I N U T E S

          DEVELOPMENT SERVICES COMMITTEE

2003-06-03

Meeting No. 12

 

 

PART A - 11:00 a.m. - Canada Room

PART B - 1:00 p.m. - Council Chamber

 

Attendance

 

Chair:  Councillor G. McKelvey

Vice Chair, Community Character:

            Regional Councillor T. Wong

Vice Chair, Markham Centre:

            Councillor D. Horchik

Members:

            Mayor D. Cousens (11:50)

            Councillor S. Daurio

            Councillor E. Shapero (left – 1pm)

            Councillor J. Virgilio (11:25)

            Councillor J. Heath

            Councillor K. Usman (11:20)

            Councillor A. Chiu

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

V. Shuttleworth, Director of Planning and Urban Design

A. Brown, Director of Engineering

S. Chait, Director of Corporate Strategy & Quality Office

C. Conrad, Town Solicitor

D. Clark, Town Architect

P. Watts, Manager, Development Engineering

E. Valente, Supervisor, Zoning

R. Kendall, Coordinator, Markham Centre

B. Karumanchery, Senior Project Coordinator

D. Miller, Senior Planner

M. Urquhart, Senior Planner

L. Wheeler, Senior Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 11:05 a.m. in the Canada Room with Councillor G. McKelvey in the Chair. 

 

 

DISCLOSURE OF INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to Item # 6, the proposed development by Rodeo Fine Homes Inc., at 348 Steeles Avenue East and 2 Valloncliffe Road, by nature of representing the owner, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor J. Virgilio disclosed an interest with respect to Item # 18, the proposed development by Mr. & Mrs. Capogna, Part Lot 16, Conc. 9, by nature of representing the owners, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

1.         16TH AVENUE DEWATERING (2.10, 5.5)

Staff advised that Mr. Paul Jankowski, Director of Transportation, Design and Construction Branch, Region of York, will be meeting with staff and members of Council later in the day, and the presentation was deferred to another day.

Committee directed that the Ministry of Environment be advised of the Town’s concerns.

RECOMMENDATION:

 

That the Ministry of Environment be advised of the Town of Markham’s concerns, and be requested to defer approval of the 9th Line-Stouffville sewer project until the Town is satisfied by the mitigation measures with respect to dewatering.

 

 

2.         APPROVAL OF STREET NAME ADDITIONS TO THE RESERVE LIST
            (10.14)    Weblink

 

Committee directed that there be no more names used with “Cornell” and “Rouge” in them, and that staff review the use of a living politician’s name. The name “Box Grove Boulevard” is to be reserved for the 9th Line.

 

RECOMMENDATION:

 

That Development Services Committee approve those street names proposed during the first and second quarters of 2003, to date, for the street name reserve list, as noted on Appendix ‘A’ to the June 3, 2003 staff report, and as amended by: deleting names with “Cornell” and “Rouge” in them; and reserving the name “Box Grove Boulevard” for the 9th Line. *

----                     -------------------------------------------------------------------------------------------------

*          Amended by Council at its meeting held June 10, 2003, to add the following at the end:

 

"for the north/south road in the old hamlet."

 

 

3.         FINAL ASSUMPTION OF RESIDENTIAL PLANS OF SUBDIVISION (10.7) 

 

RECOMMENDATION:

 

Whereas by Memorandum dated April 24, 2003 the Director of Engineering advised that the gurarntee periods for Registered Plans 65M-3025, 65M-3026, 65M-3042, 65M-3018, 65M-3238, 65M-3102 and 65M-2994 have expired and all securities have been returned to the owners;

 

Now therefore be it resolved:

 

That the services in the following subdivisions be assumed:

 

·          Valentina Management Corporation (Cachet Woods Phase 3)            - 65M-3025 & 65M-3026

·          Monarch Construction Limited (Chartwell Gardens, Phase 2)              - 65M-3042

·          Monarch Construction Limited (Bridle Trail Phase 5, Stage 4-A)     - 65M-3018

·          Aragon Investments (Ontario) Ltd.                                                     - 65M-3238

·          Monarch Construction Limited (Bridle Trail Phase 5, Stage 4-B)      - 65M-3102

·          Invar (York) Limited                                                                         - 65M-2994;

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements;

 

And further that the necessary by-laws by enacted to establish roads within subdivisions as part of the highways of the Town of Markham.

 

 

4.         JAMES STREZOS 7070 BAYVIEW AVENUE “ALDEBARRON”
SITE PLAN APPROVAL FOR A SINGLE DETACHED DWELLING
(SC.03-108869) (10.6)   Weblink

 

RECOMMENDATION:

 

That the report dated June 3, 2003 entitled “Application by James Strezos for Site Plan Approval for a Single Detached Dwelling 7070 Bayview Avenue “Aldebarron” (SC.03-108869)” be received;

 

And that the Site Plan Approval application be denied.

 

 

5.         UNIONVILLE HOMES SOCIETY MILLENNIUM PROJECT
4300 HIGHWAY #7 EAST, PLAN #2886, BLOCK C AND PART OF
BLOCK B AND D, SITE PLAN AND ZONING APPLICATIONS
(
SC 00-241797, ZA 00-242730) (10.5, 10.6)   Weblink

 

RECOMMENDATION:

 

That the report dated June 3, 2003, entitled, “Recommendation Report - Unionville Homes Society Millennium Project - Site Plan and Zoning Amendment Applications for 4300 Highway #7 East, Markham Ontario, Plan #2886, Block C and Part of Block B, File Number SC 00-241797 and ZA 00-242730” be received;

 

That the record of the Public Meeting held on Tuesday, March 25, 2003 with respect to the re-zoning application be received;

 

That the zoning application (ZA 00-24273) submitted by the Unionville Homes Society be approved, and the draft zoning by-law amendment attached as Appendix ‘A’ be enacted;

 

And that the site plan application submitted by the Unionville Homes Society, file number SC 00.241797, be approved subject to the following conditions:

 

  1. That the owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town, Region of York and other authorized public agencies, including access requirements on Highway #7 East, to the satisfaction of the Region of York Transportation and Works Department, prior to commencing any work on the site or road allowance, including providing any associated financial securities required by the Region;

 

  1. That prior to final approval of the site plan, the owner shall provide to the Town of Markham plans that reflect the recommendations of the technical studies to be finalized to the satisfaction of the Town; 

 

  1. That prior to final approval of the site plan, the owner shall obtain all Committee of Adjustment approvals for consent to convey easements for servicing, pedestrian, and vehicular access;

 

  1. That prior to the execution of the site plan agreement, the owner obtain legal ownership of the lands to be transferred from the Ontario Realty Corporation to the Town of Markham, and then transferred from the Town of Markham to the Unionville Homes Society.  Alternatively, the final site plan would need to be revised to function based on the owner’s current land holding, to the satisfaction of the Town.

 

  1. That prior to the execution of the site plan agreement, the owner shall submit final drawings, including but not limited to, site plans and elevations drawings, landscape plans, and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

  1. That the owner shall ensure satisfactory arrangements have been made to satisfy all obligations, financial or otherwise required in the site plan agreement, including provision for payment of all applicable fees, recoveries, cash-in-lieu of parkland, Developer’s Group obligations, local services contributions and development charges; 

 

  1. That the owner shall covenant and agree in the site plan agreement to deposit a Letter of Credit for the urbanization of the Highway #7 East frontage of the subject lands by the applicant, including utility and sidewalk locations to the satisfaction of the Town and the Region of York;

 

  1. That the owner shall covenant and agree in the site plan agreement to provide a master landscaping plan, to be integrated in phases, to the satisfaction to the Commissioner of Development Services;

 

  1. That the owner shall covenant and agree in the site plan agreement to provide a Letter of Credit for the on-site storm water management and installation of external storm sewer improvements to the satisfaction to the Commissioner of Development Services;

 

  1. That the owner shall covenant and agree in the site plan agreement to protect and provide for the conveyance to the Region of York of any future road widenings or grade separation of Highway #7 East, to accommodate any future rapid transit corridor and/or station locations, provide an easement for the future installation of municipal services, and provide a Letter of Credit and enter into a services-in-lieu agreement for the extension of municipal services along Highway #7 East;

 

  1. That the owner shall covenant and agree in the site plan agreement to reimburse the Town of Markham for any costs incurred associated with the land transaction from the Ontario Realty Corporation (ORC) to the Unionville Homes Society.

 

  1. That the owner shall covenant and agree in the site plan agreement to indemnify the Town of Markham, its employees, elected officials, contractors and agents against any and all actions, causes of actions, suits, claims and demands whatsoever which may arise either directly or indirectly by reasons of undertaking any of the owner’s work with respect to the development proposal, the decommissioning and ongoing maintenance of the existing building, or the lands transferred into the ownership of the Unionville Homes Society by the Town of Markham and any infrastructure improvements associated with the future widening of the GO Transit rail corridor.

 

  1. That the owner shall covenant and agree in the site plan agreement to protect for an approximate 3 to 4 metre future widening of the GO Transit rail corridor and possible grade separation as determined by future studies to be undertaken by the Region and/or GO Transit;  

 

  1. And further that the site plan approval will lapse after a period of three years commencing June 3, 2003, in the event that a site plan agreement is not executed during that period.

 

 

6.         RODEO FINE HOMES INC.
348 STEELES AVENUE EAST AND 2 VALLONCLIFFE ROAD
SITE PLAN APPROVAL, SECONDARY PLAN ADOPTION
AND ZONING BY-LAW (OP.02-110493, ZA.02-110495, SC.02-110496) 
(10.4, 10.5, 10.6)    Weblink

 

Councillor J. Virgilio disclosed an interest with respect to the proposed development by Rodeo Fine Homes Inc., at 348 Steeles Avenue East and 2 Valloncliffe Road, by nature of representing the owner, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Staff clarified that Council has authorized the Official Plan and Zoning By-law, and that site plan is before the Committee today. The applicant has agreed to additional concessions to address the neighbour’s concerns.

 

Ms. Ronnit Mamber, 3 Huckleberry Lane, discussed her concern for the impact of the noise-barrier fence on the existing cedar trees along her property line. Committee directed staff to assist in negotiations between the property owners on this issue.

 

 

 

RECOMMENDATION:

 

That the deputation by Ms. Ronnit Mamber, 3 Huckleberry Lane, regarding concerns for the application by Rodeo Fine Homes Inc., be received;

 

And that the report dated June 3, 2003 entitled "Rodeo Fine Homes Inc. - Site Plan Approval, Secondary Plan Adoption and Zoning By-Law Enactment to Permit Ground Oriented Attached Dwellings at 348 Steeles Avenue East and 2 Valloncliffe Road, In accordance with Council’s Decision to Approve the Re-development of the Site, Files OP.02-110493, ZA.02-110495 and SC.02110496" be received;

 

And that the Official Plan Amendment, attached as Appendix ‘A’ to the report dated June 3, 2003, be adopted;

 

And that the by-law to amend By-law 1767, as amended, attached as Appendix ‘B’ to the report dated June 3, 2003, be enacted;

 

And that a exemption to By-law 277-97, the Town’s Fence By-law be approved to permit a 2.1 metre high fence along the length of the north property line;

 

And that water supply allocation for nine units be granted to the property from the Town’s reserve;

 

And that the Town has the right to revoke or reallocate such water allocation should construction not proceed in a timely manner;

 

And that the owner obtain approval from the City of Toronto, for the private walkways over the Steeles Avenue East Road allowance;

 

And that the owner pay for all cost associated with the relocation of utilities within the right-of-way as may be required;

 

And that the site plan application be approved, subject to the following conditions:

 

1.     The site plan, landscape plan and the building elevation drawings be finalized to the satisfaction of the Commissioner of Development Services;

 

2.     The Owner entering into a site plan agreement with the Town containing all standard provisions and requirements of the Town and public agencies,  including the specific requirements identified in the staff report;

 

3.     The site plan agreement shall include provisions for the payment by the Owner of all applicable fees, recoveries, development charges, cash-in-lieu of parkland and other financial obligations;

 

4.     The site plan approval shall lapse after a period of three years commencing June 3, 2003 in the event that the Owner does not enter into a site plan agreement with the Town during that period;

 

5.     The site plan agreement shall contain a provision requiring the owner to convey a 0.3 metre reserve at the west end of the private lane to the Town, free of all costs and encumbrances, upon registration of the site plan agreement, to the satisfaction of the Commissioner of Development Services;

 

6.     The site plan agreement shall contain a provision requiring the owner to convey an easement or right of way to the Town over the private lane, upon registration of the site plan agreement, to provide access for the Town to the 0.3 metre reserve located and the west end of the private lane and the abutting owners to the west, if required by the Town, for on site access integration;

 

7.     The site plan agreement shall contain provisions requiring the owner(s) to provide easements over the private lane, to the adjoining properties owners for on-site access integration, when and if requested to do so by the Town and that all offers of purchase and sale include a clause notifying prospective purchasers of this requirement;

 

8.     The site plan agreement shall contain provisions that hydro electric, telephone, gas and television cable services, and any other form of telecommunication services shall be constructed at no cost to the Town as underground facilities within the public road allowances or within other appropriate easements, to the satisfaction of the Town (Commissioner of Development Services) and authorized agencies;

 

9.     The site plan agreement shall contain provisions requiring the Owner to enter into any agreement or agreements required by any applicable utility companies, including Markham Hydro, Consumers Gas, telecommunications companies, etc.;

 

10.   The owner submitting a Landscape Plan, prepared by a Landscape Architect, having O.A.L.A. membership, for approval by the Commissioner of Development Services, prior to the execution of the site plan agreement;

 

11.   The Site Plan Agreement including provisions for satisfying Town Departments including all requirements of the Director of Engineering, the Fire Department and the Waste Management Department;

 

12.   The Owner submitting a Noise Impact Study, prepared by a qualified noise consultant, with recommended mitigation measures for noise generated by road traffic on Steeles Avenue East and by any other identified noise sources, to the satisfaction of the Town, in consultation with the Region of York; and

 

13.   The Owner agreeing in the site plan agreement to implement noise control measures and include warning clauses as recommended by the approved Noise Impact Study, to the satisfaction of the Town (Commissioner of Development Services).

 

14.   The site plan agreement shall contain provisions requiring the current and future owners to enter into a shared facilities agreement between the parties, to be registered on title to the lands.   This agreement shall be binding on the parties and shall provide for the ongoing shared maintenance of fences, landscaping, roads including private roads and roofs and snow removal by all of the units owners.

 

15. The site plan agreement shall be registered on title to the lands.

 

And that staff assist in negotiations between the property owners on this issue of the impact of the noise-barrier fencing on the existing cedar trees along the property line of 3 Huckleberry Lane.

 

 

7.         JOHN ALEXANDRIS, 28 RIVER BEND ROAD
REZONING TO ACCOMMODATE SEVERANCE TO CREATE
3 SINGLE DETACHED LOTS (ZA.02-111344) (10.5)    Weblink

 

Staff advised that issues identified at the Public Meeting have been addressed.

 

Mr. Mel Winch, 47 Joseph Duggan Road, Toronto, property owner to the east of the subject property, advised he considers the setbacks to be adequate, and the proposal to be reasonable.

 

Mrs. Kember, 26 Riverbend Ave., property owner to the west of the subject property, expressed concerns for the front yard setback, and for tree preservation plans. Staff agreed to meet with Ms. Kember on the subject site to review tree preservation plans, prior to the Council meeting scheduled for June 10, 2003.

 

RECOMMENDATION:

 

That the deputations by Mr. Mel Winch, and Mrs. Kember, regarding the application by John Alexandris for 28 River Road, be received;

 

And that the report to Development Services Committee, dated June 3, 2003, entitled “John Alexandris, application for rezoning to accommodate a severance to create 3 single detached lots at 28 River Bend Road (File ZA.02-111344)” be received;

 

And that the record of the Public Meeting held on March 25, 2003 regarding the proposed rezoning application be received;

 

 

 

 

*    And that the application (ZA.02-111344) to amend By-law 122-72, submitted by John Alexandris, be approved and the amending Zoning By-law attached as Appendix ‘A’ to the June 3, 2003 report be enacted.

----                     -------------------------------------------------------------------------------------------------

*          Amended by Council at its meeting held June 10, 2003, to read as follows:

 

"And that the application (ZA.02-111344) to amend By-law 122-72, submitted by John Alexandris, be approved, and that the restoration work within the environmental buffer zone be conducted by the Town at the expense of the applicant, and the amending Zoning By-law attached as Appendix ‘A’ to the June 3, 2003 report be enacted."

 

 

8.         BUTTONVILLE CRESCENT SANITARY SERVICING
COMMUNITY IMPROVEMENT (MI471)(5.4, 5.5)   Weblink

 

This matter was deferred at the Development Services Committee meeting held May 20, 2003, pending further information from staff with respect to funding precedents and cost calculations.

 

Committee considered several options, and concerns were raised regarding setting funding precedents. The importance of preservation the Heritage houses was noted, and the Heritage Study and possible heritage easements were discussed.

 

Staff was directed to report back on conditions that assist in heritage preservation, and legal implications of heritage easements. 

 

RECOMMENDATION:

 

Moved by Councillor Jack Heath

Seconded by Councillor Dan Horchik

 

That the Town of Markham’s established practice that the provision of municipal sanitary sewers and watermains in the urban area be financed under the provisions of the Local Improvement Charges Regulations (O.Reg. 119/03), unless alternative non-tax related funding is available (i.e. developer funding, Infrastructure Program or other means), be reaffirmed;

CARRIED

Moved by Councillor Dan Horchik

Seconded by Councillor Jack Heath

 

That, on an exception basis,  the Buttonville Crescent (East and West) Heritage Conservation District Study Area be provided municipal servicing (sanitary and water) as follows:

·        Sanitary servicing be funded by benefiting landowners subject to Local Improvement Charges regulations;

·        Watermains be included under the Operations and Maintenance Capital Budget and funded by the Town through water rates (approximately $185,000);

·        Watermain installation be concurrent with sanitary servicing; and,

·        Road restoration costs be funded by the Town concurrent with sanitary and water components.

·        Sanitary servicing be funded 50% by a grant from the Town, and 50% by a special by-law to impose fees and charges made under section 391 of the Municipal Act, 2001, with the Town of Markham upfronting the cost ($168,000) with subsequent recovery of the applicable 50% from the property owners

·        Upgrade of the municipal watermain system ($223,000), including road restoration, from water reserves

 

And that staff report back with the details of the fees and charges by-law and funding source, and on the possibility of a link to Heritage easements for Council’s approval, as soon as possible, but no later that July 7, 2003.

CARRIED

 

Moved by Councillor Dan Horchik

Seconded by Regional Councillor Tony Wong

 

That Council authorize the expenditure of $10,000 from water reserves account to allow commencement of the design phase, to ensure completion of the project by the end of the year.

CARRIED

 

9.         URBAN DESIGN AWARDS (10.0)

 

Committee had before it a staff memo dated June 3, 2003. Staff gave a presentation regarding the Urban Design Awards and the Committee gave direction.

 

RECOMMENDATION:

 

That the staff memo dated June 3, 2003 and the staff presentation regarding the Markham Design Excellence Awards Program 2003, be received;

 

And that Councillor George McKelvey be appointed Chair of the Markham Design Excellence Awards Program 2003;

 

And that the People’s Choice Award category be eliminated;

 

And that the schedule be endorsed, with the exception of the Jury Review Day being moved to October 15.

 

 

Public Meetings (to Council)

 

 

10.       IBM CANADA LIMITED, 8200 WARDEN AVENUE
APPLICATION TO EXTEND TEMPORARY USE BY-LAW
TO PERMIT A TEMPORARY PARKING LOT (ZA.03108893) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider application File ZA.03108893, submitted by IBM Canada Limited, for extension of a temporary use by-law to permit a temporary parking lot at 8200 Warden Avenue.

 

Committee was advised that 18 notices were mailed on May 14, 2003, and a Public Meeting sign was posted on May 12, 2003. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property. There were no comments from the audience with respect to this application, and the Committee had no concerns.

 

RECOMMENDATION:

 

That the Development Services Commission Report dated June 3, 2003, entitled “IBM Canada Limited, 8200 Warden Avenue, Application to extend Temporary Use By-law to Permit a Temporary Parking Lot”, be received;

 

And that the record of the Public Meeting held on June 3, 2003, with respect to the application File ZA.03108893, submitted by IBM Canada Limited, for extension of a temporary use by-law to permit a temporary parking lot at 8200 Warden Avenue, be received;

 

And that the zoning amendment application submitted by IBM Canada Limited (ZA 03108893) to amend By-law 304-97, to permit the lands at 8200 Warden Avenue to continue to be used for a temporary parking lot for a further 3 years, be approved;

 

And that the by-law amendment attached as Appendix ‘A’ to the report dated June 3, 2003, be enacted;

 

And that IBM Canada Limited be congratulated and encouraged to continue pursuing their initiatives in promoting employee alternative transportation methods;

 

And that IBM Canada Limited be strongly encouraged to participate in the various transportation initiatives described in this report, to achieve the goal of an environmentally sustainable Markham Centre supported by a transportation network;

 

And that more specifically, IBM Canada Limited be requested to identify a Travel Demand Management coordinator from their corporation to work with the Town’s Travel Demand Management organization and to confirm a senior executive appointment to sit on the inaugural Markham Centre Travel Demand Management organization or Board;

 

And further that vehicular trip reductions and other accomplishments for the subject site over the next three years be demonstrated to Council prior to any further extensions of the temporary use by-law for surface parking.

 

 

11.       3170497 CANADA INC. (GWL REALITY ADVISORS)
11, 15, 19 & 27 ALLSTATE PARKWAY AND 80 FRONTENAC DR.
ZONING BY-LAW AMENDMENT TO PERMIT DAY CARE CENTRE
(ZA.03-108037) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider application File ZA.03-108037, submitted by 3170497 Canada Inc. (GWL Realty Advisors) for a zoning by-law amendment to permit a day care centre at 11, 15, 19 and 27 Allstate Parkway and 80 Frontenac Drive.

 

Committee was advised that 24 notices were mailed on May 14, 2003, and four Public Meeting signs were posted on May 12, 2003. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property. There were no comments from the audience with respect to this application, and the Committee had no concerns.

 

RECOMMENDATION:

 

That the record of the Public Meeting held on June 3, 2003, with respect to the application by 3170497 Canada Inc. (GWL Realty Advisors) for an amendment to the Zoning Bylaw to permit one day care centre at 11, 15, 19 and 27 Allstate Parkway and 80 Frontenac Drive, be received;

 

Development Services Commission Report dated June 3, 2003, entitled “IBM Canada Limited, 8200 Warden Avenue, Application to extend Temporary Use By-law to Permit a Temporary Parking Lot”, be received;

 

And that the application to amend zoning by-law 165-80, as amended, be enacted without further notice.

 

 

12.       TOWN INITIATED OFFICIAL PLAN AMENDMENT
            SIXTEENTH WARDEN LIMITED, WEST OF WARDEN AVENUE,
            SOUTH OF WILLOW CREEK DRIVE AND BERNADOTTE DRIVE
            (OP.02-110942) (10.3)

 

The Chair advised that the subject of the Public Meeting this date was to consider Town initiated Official Plan amendment application File OP.02-110942, to incorporate site specific development principles that correspond to the Ontario Municipal Boards decision with respect to the lands west of Warden Avenue and south of Willow Creek Drive and Bernadotte Drive.

 

Committee was advised that 173 notices were mailed on May 14, 2003, and three Public Meeting signs were posted on May 9, 2003. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property. There were no comments from the audience with respect to this application.

 

The Ward Councillor clarified that 36 lots had been approved by the OMB, and he submitted a memorandum dated June 3, 2003, with comments and recommendations: to delete sentences in the Official Plan Amendment that state “these policies will ensure that the  large lot estate pattern of development, as established within the Devil’s Elbow Planning District, is maintained”; and to ensure Figure 12.3 in clearly legible.

 

 

 

 

 

Moved by Councillor Dan Horchik

Seconded by Councillor Alex Chiu

 

That the memorandum from Dan Horchik, Ward Councillor, dated June 3, 2003, with respect to Town initiated Official Plan amendment application File OP.02-110942, be received;

 

And that the Development Services Commission report dated February 18, 2003 entitled "Sixteenth Warden Limited - Cachet Enclave, Town Initiated Official Plan Amendment to Incorporate Site Specific Policies for the Lands Designated as Urban Residential, West of Warden Avenue, South of Bernadotte and Willow Creek Drives" be received;

 

And that the Record of the Public Meeting held on June 3, 2003 with respect to the proposed amendment to the Official Plan be received;

 

And that the Town initiated Official Plan amendment be approved as amended by the memorandum from the Ward Councillor, dated June 3, 2003;

 

And further that the proposed amendment to the Official Plan be enacted without further notice.

 

CARRIED

 

 

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Other matters considered by the Development Services Committee on June 3, 2003:

 

 

13.       YORK REGION CENTRES & CORRIDORS STRATEGY (13.4)

 

Mr. John Waller of York Region made a presentation regarding York Region Centres & Corridors Strategy. Mr. Waller explained that the 5% growth rate for York Region is very high. York Region Council has endorsed a Growth Management Strategy, which is now being circulated to the municipalities and the public for comments. The draft Regional Official Plan Amendment is anticipated to be at the statutory Public Meeting stage by the first quarter of 2004.

 

The key factors for success of the strategy are:

  • Public sector investment
  • Cooperation and coordination of efforts by the Region, local municipalities, senior levels of government, and public and private sector stakeholders
  • Strong planning framework

 

Committee questioned the duplication of efforts and reports by both the Town and the Region. Mr. Waller responded that the efforts are in support of each other to ensure coordination. Committee requested more information regarding the percentage of sensitive lands being protected, in the next report.

 

RECOMMENDATION:

 

That the presentation by Mr. John Waller of York Region, regarding York Region Centre's & Corridors Strategy, be received.

 

14.       EASTERN MARKHAM STRATEGIC REVIEW UPDATE (10.8)

            Weblink - May 9-03    Weblink - May 23-03

 

The Committee had before it the minutes of the Eastern Markham Strategic Review Committee meetings held May 9 and May 23, 2003. Staff provided a review of the Committee’s activities and the draft principles and actions. The draft document will be presented to the public on June 5, and an in-depth discussion on the recommendations is scheduled for Development Services Committee on June 17.

 

Committee requested that financial implications to Town, Region and Province, be considered, and that discussions be held in-camera if appropriate. Committee also requested that priorities be indicated, and that consideration be given to balancing the demands on Regional transportation funds for the rest of the Town. 

 

RECOMMENDATION:

 

That the minutes of the Eastern Markham Strategic Review Committee meetings held May 9 and May 23, 2003, the draft report of the Eastern Markham Strategic Review Committee, and the staff presentation, be received.

 

 

15.       PRESENTATION OF SERVICE AWARDS (12.2.6)

 

The following employees were presented with service awards:

 

Diane Mason, Help Desk Support, Information Technology Service - 25 years

Arthur Fisher, Captain, Fire Department - 20 years

Stuart Wardle, Sweeper Operator, Roads Maintenance - 5 years

Stephen Geyer, GIS Specialist II, GIS - 3 years

Linda Harlock, Website Administrator, Corporate Communications - 3 years

Chitra Jayakrishnan, Administrative Services Clerk - Print, Clerk's Department - 3 years

 

 

16.       HERITAGE MARKHAM COMMITTEE MINUTES
- May 14, 2003 (16.11)     Weblink

 

RECOMMENDATION:

 

That the minutes of the Heritage Markham Committee meeting held May 14, 2003, be received for information.

 

 

 

 

17.       FOREST BAY HOMES LTD., NORTHEAST CORNER
OF MARKHAM ROAD AND STEELES AVENUE
REZONING FOR VILLAGE OF FAIRTREE (ZA.03-110307) (10.5)  Weblink

 

RECOMMENDATION:

 

That a Public Meeting be held to consider Zoning By-law Amendment application to update the zoning for the Villages of Fairtree community located at the northeast corner of Markham Road and Steeles Avenue, File: ZA.03-110307.

 

 

18.       MR. AND MRS. CAPOGNA, PART LOT 16, CONCESSION 9
SOUTHEAST CORNER OF 9TH LINE AND 16TH AVENUE
DRAFT PLAN OF SUBDIVISION AND IMPLEMENTING ZONING
CORNELL COMMUNITY (SU.03-109620, ZA.03-109616)(10.5, 10.7)  Weblink

 

Councillor J. Virgilio disclosed an interest with respect to the proposed development by Mr. & Mrs. Capogna, Part Lot 16, Conc. 9, by nature of representing the owners, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

RECOMMENDATION:

 

That a Public Meeting be held to consider the applications submitted by Mr. and Mrs. Capogna for draft plan of subdivision approval and implementing zoning to permit a residential plan of subdivision on Part of Lot 16, Concession 9 in the Cornell Community, Files SU.03-109620 and ZA.03-109616.

 

 

19.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF APRIL 26, 2003 TO MAY 9, 2003 (10.0)  Weblink

 

RECOMMENDATION:

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of April 26, 2003 to May 9, 2003” and direct staff to process the applications in accordance with the route outlined in the report.

 

 

20.       DELEGATED APPROVALS UNDER BY-LAW 2002-202 (DM 2001-03)
(10.6)   Weblink

 

RECOMMENDATION:

 

That Council be advised that in accordance with Delegation By-law 2002-202, and additional site specific delegations authorized by Development Services Committee, the Commissioner of Development Services or the Director of Planning and Urban Design have approved applications listed in the report dated, June 3, 2003.

 

21.       LONGO BROTHERS FRUIT MARKET, 3085 HIGHWAY #7, EAST
APPLICATION GROUND SIGN VARIANCE (03-108598)(2.16.2)  Weblink

 

Mr. Jason Garnet, 50 Vicroy Road, Concord, representing Longo Brothers Fruit Market, was in attendance to discuss the reasons for the requested sign variance.

 

RECOMMENDATION:

 

That the ground sign variance application by Longo Brothers Fruit Market at 3085 Highway #7 East, application # 03-108598, be deferred to the Unionville Subcommittee.

 

 

22.       IBM CANADA LIMITED, 8200 WARDEN AVENUE
APPLICATION TO EXTEND TEMPORARY USE BY-LAW
TO PERMIT A TEMPORARY PARKING LOT (ZA.03108893)(10.5)   Weblink

 

RECOMMENDATION:

 

That the Development Services Commission Report dated June 3, 2003, entitled “IBM Canada Limited, 8200 Warden Avenue, Application to extend Temporary Use By-law to Permit a Temporary Parking Lot”, be received;

 

And that the following recommendation be considered at the June 3rd public meeting:

 

"That the zoning amendment application submitted by IBM Canada Limited (ZA 03108893) to amend By-law 304-97, to permit the lands at 8200 Warden Avenue to continue to be used for a temporary parking lot for a further 3 years, be approved;

 

And that the by-law amendment attached as Appendix ‘A’ to this report dated June 3, 2003, be enacted;

 

And that IBM Canada Limited be congratulated and encouraged to continue pursuing their initiatives in promoting employee alternative transportation methods;

 

And that IBM Canada Limited be strongly encouraged to participate in the various transportation initiatives described in this report, to achieve the goal of an environmentally sustainable Markham Centre supported by a transportation network;

 

And that more specifically, IBM Canada Limited be requested to identify a Travel Demand Management coordinator from their corporation to work with the Town’s Travel Demand Management organization and to confirm a senior executive appointment to sit on the inaugural Markham Centre Travel Demand Management organization or Board;

 

And further that vehicular trip reductions and other accomplishments for the subject site over the next three years be demonstrated to Council prior to any further extensions of the temporary use by-law for surface parking."

 

23.       PRESENTATION OF ELEVATIONS FOR SITE PLAN
APPLICATIONS TO BE APPROVED UNDER DELEGATED
AUTHORITY TO STAFF (10.6)   

 

Staff presented elevations for site plan applications with delegated authority to staff:

 

1.         Jacques Whitford Environmental, 7271 Warden Avenue

2.         Nivlog Investments Ltd., 7333 Woodbine Avenue

 

RECOMMENDATION:

 

That the presentation of elevations for Jacques Whitford Environmental, 7271 Warden Avenue, and Nivlog Investments Ltd., 7333 Woodbine Avenue, be received.

 

 

24.       MARKHAM CENTRE UPDATE (10.8)

 

Staff provided an update with respect to Markham Centre, on the following topics:

 

- Advisory Group: next meeting is June 12; 3 new members will be joining

- Communications: the Markville Mall display was considered to be very successful, and  a feedback report was provided to the Committee

- Financial Strategy: the RFP was re-circulated

- Parking Authority: the study will be going to DSC on July 7

- Development Status: reports will be going to DSC on July 7 regarding the Tridel and Remington proposals

- Unionville Coalition: key issue is traffic calming; meetings will continue every 5 weeks or so

- Steering Committee: next meeting is June 17

 

RECOMMENDATION:

 

That the staff update with respect to Markham Centre, be received.

 

 

25.       CONSTRADA AGGREGATE RECYCLING FACILITY
350 YORKTECH DRIVE - REMOVAL OF HOLD PROVISION
(ZA 02.118039)(10.5) 

 

A staff memo dated June 3, 2003 was provided.

 

RECOMMENDATION:

 

That the staff memo dated June 3, 2003 regarding removal of Hold provision for the Constrada Aggregates recycling facility at 350 Yorktech Drive, be received.

 

 

 

COMMUNICATIONS

 

RECOMMENDATION:

 

That Development Services Committee receive and consents to the disposition of Item Nos. 26 and 27 in the following manner:

 

 

26.       NICK LATINOVICH, REPRESENTING 1399373 ONT. LTD. (2.16)

            - May 24, 2003, requesting a pylon sign at the Cornell Mews

 

Committee noted a conflict with the location of the Queens Jubilee Walkway.

 

During the Public Meeting held on the evening of June 3, 2003, Committee consented to hear deputations from residents on this matter.

 

Ms. Gayanti Weerasinghe, 1-106 Cornell Park Avenue, and Mr. Norbert Fitoussi, 96 Cornell Park Avenue, spoke about the need for a ground sign to promote the Cornell Mews. Staff agreed to meet with the Ward Councillor and the parties involved to discuss options.

 

 - receive and refer to the Commissioner of Development Services

 

 

27.       CORRESPONDENCE FROM DONALD C. HINDSON, ON BEHALF OF MARKHAM HIGH SCHOOL (MARKHAM UNION TEMPLE CORPORATION),
REQUESTING LEGAL AND PLANNING SUPPORT AT THE OMB
FOR THE APPEAL   OF THE COMMITTEE OF ADJUSTMENT DECISION
FILE A/185/02 (10.12)

 

Mr. Donald C. Hindson, on behalf of Markham High School, addressed to Committee, seeking support for the OMB hearing scheduled for July 7. Staff advised a report is being prepared for presentation to Committee or Council in the near future.

 

- receive and refer to Legal Department

 

 

 


PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

Chair:  Councillor G. McKelvey

Vice Chair, Community Character:

            Regional Councillor T. Wong

Vice Chair, Markham Centre:

            Councillor D. Horchik

Members:

            Regional Councillor F. Scarpitti

            Councillor S. Daurio

            Councillor J. Virgilio (7:15)

            Councillor J. Heath

            Councillor A. Chiu

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

V. Shuttleworth, Director of Planning and Urban Design

J. Wright, Director of Building Standards

E. Valente, Zoning Administrator

M. Urquhart, Senior Planner

D. Miller, Senior Planner

N. Surti, Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 7:10 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair. 

 

 

28.       AMENDMENT TO SIGN BY-LAW 2002-94 (2.16)

 

The Chair advised that the subject of the Public Meeting this date was to consider proposed prohibition of portable signs, commonly referred to as A-frame or sandwich board signs, under the Town of Markham's Sign By-law 2002-94, as amended.

 

Committee was advised that 6906 notices were delivered by postal walk on May 26, 2003, and 7 notices were mailed on May 27, 2003. Notice was published on the Markham Page of the Economist and Sun on May 27, 2003. The following written submissions were received:

1.         Richard Talbot, on behalf of the Unionville Villagers Association – in support of the staff recommendation dated May 20, 2003

2.         Jahanzeb R. Ladha (Janzi) - in opposition to the proposed prohibition of portable signs

3.         R. Burkholder, on behalf of Markham Board of Trade - in opposition to the proposed prohibition of portable signs

4.         Vernor Hempen of Hempen Jewellers - in opposition to the proposed prohibition of portable signs

5.         Angelina Leung of Trikim Framing Inc. – in opposition to the proposed prohibition of portable signs

6.         Frank Parakovits of the Rouge River Trading Co. - in opposition to the proposed prohibition of portable signs

7.         Scott Sweatman of Associated Tube Industries – in support of proposed prohibition of portable signs

8.         Peter K. MacLeod - with comments on sign pollution

9.         U. Kassami of First Choice Haircutters - in opposition to the proposed prohibition of portable signs

 

Staff gave a presentation regarding the proposal, explaining the evolution of the sign by-law with respect to portable signs.

 

Ms. Paula J. Tenuta, Municipal Government Advisor, Greater Toronto Homebuilder's Association, requested that staff be directed to work with the Association to resolve issues of concern. Ms. Tenuta suggested the proposal is contrary to the Charter of Rights, and she requested notification of any subsequent meetings.

 

Ms. Ruth Burkholder, President and CEO of Markham Board of Trade, suggested better enforcement may resolves problems, and she recommended an increase in permitted signs, to assist small businesses in the current economy.

 

Mr. David Burkholder, 105 Cornell Park Avenue, representing several businesses, suggested portable signs are necessary for home sales, blood donor clinics, community events, and similar uses.

 

Mrs. Plotkin, representing Abraham Plotkin, stated that their synagogue depends on A-frame signs to promote events, as they are non-profit and cannot afford regular advertising.

 

Mr. Bill Taskas, HLV Marketing, commented on the notice for this meeting, and stated that businesses should be made aware of the new sign by-law.

 

Mr. Sam Orrico, P.O. Box 24, Markham, made comments with respect to portable signs and election signs.

 

Mr. Richard Talbot, representing the Unionville Villagers Association, reviewed the lengthy one-year process of the sign review to date, which included several public meetings. Mr. Talbot stated the support of the UVA, BIA, and the Unionville Historical Society for the prohibition of portable signs in the Unionville Main Street area.

 

Mr. Chris Barker, 6074 19th Avenue, stated that his renovation business relies on portable signs for advertising, and he suggested improvements be made to enforcement of the by-law instead.

 

Mr. Mel Grevler, 24 Cummings Court, stated that small business rely on signs, as they cannot afford other advertising.

 

Committee clarified that homebuilder signs on Regional roads are not affected by this by-law. If portable signs are prohibited, a decision would be required for community-type and blood donor clinic signs, which are exempt from sign permits, and for contractor signs which are permitted on a limited-time basis.

 

 

 

Committee discussed enforcements issues, and the Clerk advised that an aggressive sign by-law enforcement strategy is ready to be implemented. Committee questioned the legality of prohibition in certain areas only, and legal staff advised the by-law must be able to stand up against the Charter of Rights - the public benefit must balance the level of infringement.

 

Staff summarized that a wide spectrum of comments have been received on this matter, and reviewed various options. Committee requested the sign bylaw be simplified for easier understanding, and that the needs of businesses be considered in the final report.

 

RECOMMENDATION:

 

That correspondence from Richard Talbot, on behalf of the Unionville Villagers Association, in support of the staff recommendation dated May 20, 2003; and from Jahanzeb R. Ladha (Janzi), R. Burkholder on behalf of Markham Board of Trade, Vernor Hempen of Hempen Jewellers, Frank Parakovits of the Rouge River Trading Co., Angelina Leung of Trikim Framing Inc., and  U. Kassami of First Choice Haircutters, in opposition to the proposed amendment to the Town of Markham's prohibition of portable signs; from Scott Sweatman of Associated Tube Industries in support of the proposed prohibition; and from Peter K. MacLeod, with comments, be received;

 

And that the deputations by Paula J. Tenuta, Municipal Government Advisor, Greater Toronto Homebuilder's Association; R. Burkholder, President and CEO of Markham Board of Trade; D. Burkholder; Mrs. Abraham Plotkin; Mr. Bill Taskas, HLV Marketing; Mr. Sam Orrico; Mr. Richard Talbot, representing the Unionville Villagers Association; Mr. Chris Barker; and Mr. Mel Grevler, be received;

 

And that the Record of the Public Meeting held on June 3, 2003 with respect to the proposed amendment to the Town of Markham Sign By-law 2002-94, as amended, with respect to portable signs, be received;

 

And that the proposed amendment to the Town of Markham Sign By-law 2002-94, as amended, be referred back to staff for a report and recommendation.

 

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 8:50 p.m.

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