DEVELOPMENT
SERVICES COMMITTEE
2003-09-23
Meeting No. 17
PART
A -
11:00 a.m. - Canada Room
PART
B -
1:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
J. Livey, Chief Administrative
Officer
J. Baird, Commissioner of
Development Services
M.F. Turner, Commissioner of
Strategy, Innovation and Partnerships
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
V. Shuttleworth, Director of
Planning and Urban Design
A. Brown, Director of Engineering
D. Clark, Town Architect
R. Hutcheson, Manager, Heritage
Planning
J. Bosomworth, Senior Project
Coordinator
L. Duoba, Senior Project
Coordinator
R. Kendall, Coordinator, Markham
Centre
S. Heaslip, Senior Project
Coordinator
D. Cheng, Senior Planner
T. Kanji, Senior Planner
M. Urquhart, Senior Planner
G. Duncan, Planner
K. Webber, Administrative
Assistant
K. Bavington, Committee Clerk
|
The Development Services Committee
convened at the hour of 11:10 a.m. in the Canada Room with Councillor G.
McKelvey in the Chair.
DISCLOSURE OF INTEREST - none
declared
1. DESIGNATION UNDER PART IV OF THE
ONTARIO HERITAGE ACT
9404 Highway 48, "THE MENNO RAYMER HOUSE" (16.11.3) Weblink
Staff advised that this matter had been previously deferred
to allow for further review. The property owner's agent has met with staff and
the Heritage Markham Building Evaluation Sub-Committee to review the Group 2
rating of the Menno Raymer House.
Brian Bunting, agent for the owner of 9404 Highway 48,
discussed Heritage Markham's criteria and questioned the evaluation of the
subject property.
Committee discussed the rating system and the future potential
widening of Highway 48, which would impact this site. Staff advised that
designation of the house does not preclude relocation, if necessary.
Moved by: Councillor S. Daurio
Seconded by: Councillor A. Chiu
That the presentation by Brian Bunting, agent for the owner
of 9404 Highway 48, with respect to Heritage designation of the property, be
received;
And that
Heritage Markham’s recommendation to designate the
Menno Raymer House at 9404 Highway 48 pursuant to Part IV of the Ontario Heritage
Act be approved;
And that the
Clerks Department be authorized to:
- publish and serve Council’s Notice of Intention
to Designate as per the requirements of the Act; and,
- prepare the Designation By-law for these
properties;
And further
that the application for demolition be denied;
And that, given the confirmation of
the Group 2 rating of the Menno Raymer House at 9404 Highway 48 by the Heritage
Markham Building Evaluation Sub-Committee, Council direct the Clerk’s
Department to continue the designation process under the Ontario Heritage Act.
CARRIED
2. DRAFT ROUGE NORTH
OFFICIAL PLAN AMENDMENT
SUPPLEMENTARY REPORT (MI. 462)
(10.3) Weblink
The
Committee had before it:
§
correspondence from Lewis Yeager, General manager of Rouge Park,
regarding the recommendation of the Rouge Park Alliance dated September 19,
2003, endorsing Markham's draft Rouge North Official Plan
§
correspondence from Friends of the Rouge Watershed, dated September 23,
2003, with recommendations to make the Rouge North OPA consistent with the
Rouge North Management Plan and RPA Motions
Staff
reviewed the progress of the Draft OPA and the extensive consultation involved.
The recommendations of the FRW were reviewed and discussed.
Ron
Christie, representing the Rouge Park Alliance, stated that the Alliance
unanimously endorses the Draft OPA, and expressed appreciation to Council and
staff for their work and cooperation. Committee also congratulated staff on
their hard work and achievements with respect to this project.
Jim Robb,
representing Friends of the Rouge Watershed, suggested the draft OPA is not
consistent with the Rouge North Management Plan, and he reviewed his written
submission.
Committee discussed
that minor amendments may be appropriate to strengthen the OPA, without causing
further delays. Staff was directed to review the submission and report to
Council on any appropriate amendments.
Moved by: Regional
Councillor B. O'Donnell
Seconded by:
Councillor A. Chiu
That the presentations by Ron Christie, representing
the Rouge Park Alliance, and Jim Robb, representing Friends of the Rouge
Watershed, regarding the Draft
Rouge North Official Plan Amendment, be
received;
And that the staff report entitled “Supplementary Report, Draft Rouge
North Official Plan Amendment”, dated
September 23, 2003, be received;
And that correspondence from Lewis Yeager, General
manager of Rouge Park, regarding the recommendation of the Rouge Park Alliance
dated September 19, 2003, endorsing Markham's draft Rouge North Official Plan,
be received;
And that correspondence from Friends of the Rouge
Watershed, dated September 23, 2003, with recommendations to make the Rouge
North OPA consistent with the Rouge North Management Plan and RPA Motions, be
received;
And that staff
review the submission by Friends of the Rouge Watershed and report to Council
on any appropriate amendments;
And that the record of the Public
Meeting held on February 18, 2003 with respect to the proposed amendment to the
Official Plan be received;
And that the minor revisions to the
draft Rouge North Official Plan Amendment be accepted and that Council
determine that adequate information has been provided to the public;
And that the revised draft Official
Plan Amendment for Rouge North, attached as Appendix ‘A’ to staff report dated
September 23, 2003, be adopted;
And that the Region of York be
forwarded the Rouge North Official Plan Amendment for approval;
And that the Town of
Markham endorse the ‘Rouge North Implementation Manual’, attached as Appendix
‘C‘ to the report received by Council on July 8, 2003, such endorsement to take
effect upon final approval of the Rouge North Official Plan Amendment;
And further that the Province of Ontario,
Region of York, Region of Durham, Rouge Park Alliance, Toronto and Region
Conservation Authority, Town of Richmond Hill, Town of Whitchurch-Stouffville,
Town of Pickering and City of Toronto be provided with a copy of the report and
notice of adoption of the Official Plan Amendment.
* CARRIED
----
-------------------------------------------------------------------------------------------------
* Amended by Council at its meeting
held September 30, 2003, to add the following:
And
that, in response to comments from Friends of the Rouge Watershed, the
following amendments to the draft Rouge North Official Plan Amendment, be
approved:
1. section 2.16.1 "Rouge North
Management Area - Vision" amended to include the word 'protected'.
2. section 2.16.6f "General
Policies" amended to include the word 'compatible'.
3. section 2.16.6n"General
Policies" amended to include the words 'water budget'.
4. section 2.16.7f "Urban Policy
Area" amended to include the words 'additional natural features which
contribute to the significance of the Rouge Park'.
5. section 2.16.9d "Little Rouge Creek
Policy Area" amended to include the words 'functional and sustainable';
And that
section 2.16.1 of the Rouge North Official Plan Amendment be amended to include
the word "special" in front of the word "place";
3. TENSTONE DEVELOPMENTS INC. (CIRCA @
TOWN CENTRE)
NORTHWEST CORNER OF HWY 7 AND TOWN CENTRE BLVD.
DEVELOPMENT AGREEMENT (SC 02110607) (10.19)
Weblink
Staff noted that this is a
tri-party agreement, and that the Region is still completing their part.
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor B.
O'Donnell
That
the proposed Development Agreement between Tenstone Developments
Incorporated, the Town of Markham and the Regional Municipality of York be
authorized for execution on the basis of the staff report dated September 23,
2003, subject to finalizing details of the Agreement to the satisfaction of the
Town Solicitor and the Commissioner of Development Services;
And
that site plan condition A.10 of Phase 1 site plan approval, as adopted by
Council on July 8, 2003, respecting permanent underground encroachments in
municipal right-of-ways, be deleted, since the proposed Development Agreement will reflect
the Town’s proposed policy for treatment of underground encroachments, to the
satisfaction of the Director of Engineering.
CARRIED
4. MARKHAM CENTRE SHORING ENCROACHMENT
AGREEMENT
(8.9) Weblink
Moved by: Regional Councillor T. Wong
Seconded by: Regional Councillor B.
O'Donnell
That the
September 23, 2003 report entitled “Markham Centre, Shoring Encroachment
Agreement”, be received;
That the
encroachment of shoring into public right-of-way for development with
underground structures be authorized subject to conditions satisfactory to the
Town;
And
that Mayor and Clerk to be authorized to execute the Shoring Encroachment
Agreements to the satisfaction of the Town Solicitor and Director of
Engineering.
CARRIED
Public
Meeting - to Council
5. PLACES OF WORSHIP
OFFICIAL PLAN POLICIES AND
PARKING STANDARDS (MI 441) (10.8)
The Chair advised that the
subject of the Public Meeting this date was to consider the applications for
Official Plan and zoning by-law amendments, File MI 441, to establish planning
policies and parking standards relating to places of worship in the Town of Markham.
Committee was advised that 142 notices were mailed on
September 3, 2003, and a notice was published in the Markham Economist and Sun
on September 2, 2003. There were no written submissions received.
Staff
gave a presentation regarding the proposed Official Plan and zoning by-law
amendments; the background for the Places of Worship Study; the process and
extensive public consultation involved; the findings, and the recommendations.
The parking requirements will increase approximately 50% from existing
standards.
Marilyn
Ypes, 1343 Stouffville Road, representing the Unionville Alliance Church on 16th
Avenue, discussed parking standards and requested that the definition of
"net floor area" be amended.
Sean
Lawrence of Kohn Architects, 16 Spadina Avenue, Unit 501, Toronto, spoke on
behalf of Temple Har Zion on Bayview Avenue. Mr. Lawrence agreed with comments
by Ms. Ypes, and suggested that mixed uses need separate parking
considerations.
Committee
expressed concern that where parking deficiencies exist, parking is only
calculated for the expanded portion, not the existing legally non-conforming
portions. The Town Solicitor advised that the Municipality cannot require
places of worship with non-conforming status to meet a new standard brought
into force after construction. Committee also noted the expense and hardship to
church organizations in providing the additional parking and the impact on
neighbours if insufficient parking is provided. It was hoped that a balance
will be achieved with the new standard.
Staff responded to comments and questions, and advised
that relief for mixed use parking is available if a parking study is done, and
that a building permit application will trigger a review of the parking
requirements.
Moved by: Councillor S. Daurio
Seconded by: Councillor A. Chiu
That the deputations by Marilyn Ypes representing the
Unionville Alliance Church, and Sean Lawrence of Kohn Architects on behalf of
Temple Har Zion, regarding the Place of Worship Study, be received;
And that the
Record of the Public Meeting held on September 23, 2003 with respect to a
proposed amendment to the Official Plan incorporating new policies for places
of worship, and the proposed amendment to By-law 28-97, as amended, to
incorporate new parking standards for places of worship, be received;
And that
staff be directed to finalize the proposed Official Plan Amendment, and the
Amendment be adopted without further notice;
And that
staff be directed to finalize the proposed amendment to By-law 28-97, as amended,
and that the by-law be enacted without further notice;
And that
staff revisit the wording of the proposed amendments, prior to adoption, to
address the comments received at the Public Meeting.
CARRIED
---- -------------------------------------------------------------------------------------------------
* Amended by Council at its meeting
held September 30, 2003, to add the following:
And
that, as the mandate of the Places of Worship Sub-committee has been completed,
the Places of Worship Sub-committee be dissolved with thanks.
6. PLACES OF WORSHIP
COUNCIL SITE RESERVATION
POLICY (10.8)
The Chair
advised that the subject of the Public Information Meeting this date was to
consider proposed changes to the Council Site Reservation Policy for Places of
Worship in the Town of Markham.
Committee was advised that 142
notices were mailed on September 3, 2003, and a notice was published in the
Markham Economist and Sun on September 2, 2003. Committee received a written
submission from Ben Quan of QX4 Investments Ltd., on behalf of Ruland
Properties Inc., with comments regarding the site reservation policies.
Staff gave a presentation regarding the background of the
Places of Worship Study, the findings, and the recommendations regarding site
reservation policies. It is recommended that the ownership of reserved sites
remain with the developer, rather than being conveyed to the Town in escrow.
There were no comments from the
audience with respect to this proposal.
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor B.
O'Donnell
That the written submission from Ben
Quan of QX4 Investments Ltd., on behalf of Ruland Properties Inc., with
comments regarding the site reservation policies, be received;
And that the
Record of the Public Information Meeting held on September 23, 2003 with
respect to proposed changes to the Council Site Reservation Policy for Places
of Worship, be received;
And that the
proposed Council Site Reservation Policy for Places of Worship, as set out in
Appendix A to the staff report dated June 17, 2003, entitled
"Recommendations of the Places of Worship Study: Future Policy
Directions" be endorsed.
CARRIED
---------------------------------------------------------------------------------------------------------------
Other
matters considered by Development Services Committee on September 23, 2003:
-------------------------------------------------------------
In-Camera
The Committee recessed In-camera at
11:10 a.m. to discuss confidential legal and financial matters.
-------------------------------------------------------------
The Committee rose from In-camera at
1:00 p.m. to report on items # 7, 8 and 9.
7. APPEALS TO BOX GROVE SECONDARY PLAN
(10.4)
Moved by: Regional Councillor F.
Scarpitti
Seconded by: Regional Councillor B.
O'Donnell
That the correspondence to the OMB
from Save the Rouge Valley System, dated September 19, 2003, withdrawing all
objections to the Box Grove Official Plan and Secondary Plan applications (York
Region OPA 39 and Markham OPA 92) be received;
And that the staff presentation
regarding appeals to Box Grove Secondary Plan, be received.
CARRIED
Moved by: Councillor E. Shapero
Seconded by: Councillor J. Heath
That staff organize a site visit
to the 9th Line Tributary for interested Development Services
Committee members.
CARRIED
8. MARKHAM
CENTRE - FINANCIAL (7.0, 10.8)
Moved by: Regional Councillor F.
Scarpitti
Seconded by: Regional Councillor B.
O'Donnell
That the staff and consultant
presentation regarding Markham Centre – Financial, be received.
CARRIED
9. MARKHAM
CENTRE PARKING STRATEGY (5.12.4, 10.8)
Moved by: Regional Councillor F.
Scarpitti
Seconded by: Regional Councillor B.
O'Donnell
That the staff and consultant
presentation regarding Markham Centre parking strategy, be received.
CARRIED
10. MARKHAM
CENTRE DEVELOPMENT PROPOSALS (10.8)
Tom Horlick and Dan Teramura of
Moriyama & Teshima Architects, representing YMCA, made a presentation
regarding the proposed YMCA facility in Markham Centre. They displayed
elevations and site plans, and discussed landscape and design features, storm
water management issues, and preservation of the Heritage building on the site.
Committee emphasized the need to make
the location pedestrian-friendly, and cautioned against the large building
overpowering the streetscape by being too close to the street.
Drummond Hassan of Young and Wright
Architects, and James Claggett of the IBI Group, both representing Lee
Developments, made a presentation of the residential proposal for Highway 7 at
Village Parkway. They displayed elevations and site plans, and discussed the
orientation to Highway 7, and the separation distance from the adjacent church
on Highway 7.
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That the applicant presentations from
the YMCA and Lee Developments, 3972 Hwy. 7 East, regarding Markham Centre
development proposals, be received.
CARRIED
11. 16TH AVENUE DEWATERING UPDATE
(5.3, 5.10)
Staff advised that the Region's
Hydrogeology Report has not yet been received, and requested a deferral to
allow for a review of the document.
Moved by: Councillor D. Horchik
Seconded by: Councillor F. Scarpitti
That the update regarding 16th
Avenue dewatering, be deferred to the October 14, 2003 Development Services
Committee meeting.
CARRIED
12. DELEGATED APPROVALS UNDER BY-LAW 2002-202
(DM 2001-03) (10.6) Weblink
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Heath
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, September 23,
2003.
CARRIED
13. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF AUGUST 21, 2003 TO AUGUST 29, 2003
(10.0) Weblink
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Heath
That
Committee receive the Report entitled “Report on Incoming Planning Applications
for the period of August 21, 2003 to August 29, 2003” and direct staff to
process the applications in accordance with the route outlined in the report.
CARRIED
14. MARKHAM
CENTRE STEERING COMMITTEE (10.19)
The Committee received an information
package.
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That the information regarding
Markham Centre be received.
CARRIED
15. OAK RIDGES MORAINE UPDATE (MI 204) (10.3,
10.5)
Staff made a presentation
regarding the proposed Official Plan, Secondary Plan, and Zoning By-law to
implement the Oak Ridges Moraine.
Staff
requested direction from Committee on two issues:
§ Woodlots - several smaller woodlots have
been identified which do not meet the Provincial definition of key natural
heritage features. These smaller
features merit protection given their location as part of the Federal
Government Green Space Master Plan.
Staff recommended that the Town identify these woodlots within the Oak
Ridges Moraine conformity amendments.
§ Aggregates - the Province appears to be
supportive of requiring an Official Plan Amendment for aggregates, but have
asked the Town to identify the use as permitted in the Secondary Plan for the
Oak Ridges Moraine. Staff recommend
that the use not be identified in the Secondary Plan. The Official Plan Amendment process for aggregates would
introduce the use through the process.
The Oak Ridges Moraine Conservation Plan is clear that the use is
permitted in both of the Oak Ridges Moraine designations in the Town.
Moved by: Councillor E. Shapero
Seconded by: Councillor J. Virgilio
That the staff presentation regarding the Oak Ridges
Moraine, be received;
And that the staff recommendation to proceed to rezone to
protect woodlots in the Oak Ridges Moraine, be endorsed.
CARRIED
Moved by: Regional Councillor F.
Scarpitti
Seconded by: Councillor E. Shapero
That the staff recommendation to uphold the OPA
provisions regarding aggregate use in the Oak Ridges Moraine, be endorsed.
CARRIED
COMMUNICATIONS
Development Services Committee
received and consented to the disposition of Item No. 16 in the following
manner:
16. OFFICE OF THE MINISTER OF
TRANSPORT - SEPT. 9, 2003 (10.8)
-
Commenting on Eastern Markham Strategic Review Committee's Final Report
- receive
PART C
Public Meeting
7:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
V. Shuttleworth, Director of
Planning and Urban Design
T. Lambe, Manager, Policy and
Research
D. Wylie, Senior 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.
DISCLOSURE OF INTEREST - none
declared
17. CRANFORD DEVELOPMENTS LTD.,
9982 HIGHWAY 48
REZONING TO PERMIT DRIVE
THROUGH RESTAURANT
(ZA 03 111893)(10.5)
The Chair
advised that the subject of the Public Meeting this date was to consider the
application for zoning by-law amendment, File ZA 03 111893, submitted by
Cranford Developments Ltd. to permit a drive-through restaurant at 9982 Highway
48.
Committee was advised that 77
notices were mailed on September 3, 2003, and a Public Meeting sign was posted
on August 27, 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.
David Johnston of David Johnston Architects Ltd.,
representing the applicant, Cranford Developments Ltd., advised that he is in
agreement with staff comments
Committee discussed the alignment of
Exhibition Creek, and requested staff to explore the possibility of the 14m
right-of-way for the creek to be conveyed as public lands. Committee suggested
a coordinated approach for the design and landscaping of this property and the
commercial property to the north, and stated that the drive-through lines
should be located behind the building.
There were no comments from the
audience with respect to this application.
Moved by: Regional Councillor F.
Scarpitti
Seconded by: Councillor J. Virgilio
That the
report from the Development Services Commission dated August 25, 2003, entitled
"Cranford Developments Ltd. - Preliminary Report, Rezoning Application (ZA
03 111893)", be received;
And that the
Record of the Public Meeting held on September 23, 2003 with respect to the
proposed amendments to By-law 304-87 and 177-96, as amended, be received;
And further
that the application be referred back to staff for a report and
recommendations.
CARRIED
18. WYKLAND ESTATES INC.
(MATTAMY DEVELOPMENT CORP.)
5616 SIXTEENTH AVENUE
19TM-030008, PHASE 3, WISMER
COMMONS COMMUNITY,
DRAFT PLAN OF SUBDIVISION AND
REZONING
(SU 03 113679, ZA 03 113693)
(10.5, 10.7)
The Chair
advised that the subject of the Public Meeting this date was to consider the
applications for draft plan of subdivision (19TM-030008) and zoning by-law
amendment, Files SU 03 113679, ZA 03 113693, submitted by Wykland Estates Inc.
(Mattamy Development Corp.) for land on the north side of Sixteenth Avenue
between Highway 48 and McCowan Road.
Committee was advised that 181
notices were mailed on September 3, 2003, and a Public Meeting sign was posted
on August 28, 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.
Michael Goldberg of Armstrong
Goldberg Hunter, representing the applicant, Wykland Estates Inc., advised that
the plan has been revised to address issues identified, and that it will
continue to be refined to satisfy all concerns.
Caroline Young, 61 Golden Meadow
Drive, expressed concern for the preservation of the green space behind her
property. Staff advised that a 10m buffer will be preserved and conveyed to the
Town. Ms. Young also had comments regarding the existing storm sewer and the
proposed dwellings. The Chair recommended that Ms. Young meet with staff to
review details of the plan and discuss her concerns.
Committee discussed the road and lot
patterns, and density. Committee made several recommendations and gave
directions to staff:
- the final report to address the
traffic light at Sixteenth Avenue
- reduce the number of lots backing
onto the valley land
- explore with the developer, ways
to provide one house shell for Habitat for Humanity
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That the
deputation by Caroline Young, 61 Golden Meadow Drive, regarding concerns for
the applications for draft approval and implementing zoning by Wykland Estates,
be received;
And that the
report from the Development Services Commission dated August 25, 2003, entitled
"Wykland Estates Inc. - Preliminary Report, Applications for Draft
Approval and Implementing Rezoning for Draft Plan of Subdivision 19TM-030008
(SU 03 113679, ZA 03 113693)", be received;
And that the
Record of the Public Meeting held on September 23, 2003 with respect to the
proposed plan of subdivision and the amendments to By-law 304-87 and 177-96, as
amended, be received;
And further
that the application be referred back to staff for a report and
recommendations.
CARRIED
ADJOURNMENT
The Development Services Committee meeting adjourned at the
hour of 8:45 p.m.