MINUTES

DEVELOPMENT SERVICES COMMITTEE

2004-11-23

 

PART A - 11:00 a.m. - Council Chamber

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

 

Attendance

Vice-Chair:  Councillor D. Horchik Members:             Mayor D. Cousens             Deputy Mayor  F. Scarpitti             Regional Councillor J. Heath             Regional Councillor J. Jones             Regional Councillor B. O’Donnell             Councillor S. Daurio             Councillor E. Shapero (11:35)             Councillor J. Virgilio             Councillor J. Webster             Councillor K. Usman             Councillor A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services C. Conrad, Town Solicitor V. Shuttleworth, Director of Planning and Urban Design A. Brown, Director of Engineering D. Clark, Town Architect J. Bosomworth, Manager, Strategy & Innovation R. Hutcheson, Manager, Heritage R. Kendall, Senior Project Coordinator R. Blake, Senior Project Coordinator B. Karumanchery, Senior Project Coordinator L. Duoba, Project Coordinator M. Seaman, Senior Planner M. Wouters, Senior Planner D. Cheng, Planner K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 11:15 a.m. in the Council Chamber with Councillor D. Horchik in the Chair. 

 

 

DISCLOSURE OF INTEREST – none

 

 

1.         HERITAGE FUND LOAN APPLICATION
            6 AILEEN LEWIS COURT, MIKE BRADSHAW (16.11, 7.0)     Report

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

That the Development Services Commission Report entitled “Heritage Fund Loan Application, 6 Aileen Lewis Court, Mike Bradshaw” dated November 23, 2004, be received;

 

And that the application for a loan from the Town of Markham Heritage Fund be approved in the amount of $15,000, for the following restoration work at 6 Aileen Lewis Court:

           -Reconstruction of original 19^th Century Veranda

          - Restoration of the original wood shingle roof;

          - Window restoration

          - Barn Restoration;

 

And that the loan be subject to the standard terms and conditions of the Markham Heritage Fund Loan program (Appendix ‘B’ to Report) attached to the original Council minutes in the Clerk’s Department;

 

And that a by-law to authorize the approval of a loan from the Town of Markham Heritage Fund to Mr. Michael Bradshaw, to undertake certain repairs to the property municipally known as  6 Aileen Lewis Court, be approved.

CARRIED

 

 

2.         DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
             9642 NINTH LINE, JAMES DARIUS HARRINGTON HOUSE
            OWNER: HUMBOLD PROPERTIES LTD. (16.11.3)    Report

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

That the “James Darius Harrington House” at 9642 Ninth Line be approved for designation under Part IV of the Ontario Heritage Act, as recommended by Heritage Markham;

 

And that the Clerk’s 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 the property.

 

CARRIED

 

3.         HERITAGE EASEMENT AGREEMENTS, PROPERTY TAX
            REDUCTION PROGRAM FOR HERITAGE PROPERTIES
            LEGAL FILE NO. 03 0411 LG 0278 (16.11, 7.0)      Report

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

That a by-law be passed to authorize the Mayor and Clerk to execute Heritage Easement Agreements with the  property owners for the properties as identified on Appendix  “A”, attached to the original Council minutes in the Clerk’s Department, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

CARRIED

 

4.         WISMER COMMONS DEVELOPERS GROUP INC.
            AMENDMENT TO THE MASTER SERVICING AGREEMENT
            FOR MUNICIPAL TRUNK INFRASTRUCTURE (5.3, 5.5)     Report

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

That the Development Services Commission report titled “Wismer Commons Developers Group Inc. - Amendment to Master Servicing Agreement for Municipal Trunk Infrastructure” dated November 23, 2004 be received;

 

And that the Mayor and Clerk be authorized to execute an amendment to the existing master servicing agreement between the Town of Markham and the Wismer Commons Developers Group Inc. dated January 02, 2004, to the satisfaction of the Chief Administrative Officer and the Town Solicitor.

CARRIED

 

 

 

5.         MARKHAM HERITAGE ESTATES
            STUDY OF POTENTIALLY THREATENED BUILDINGS
            FOR REMAINING LOTS (2004) (16.11)    Report

 

Staff gave a presentation on the Study of Potentially Threatened Buildings, undertaken on the recommendation of Heritage Markham. It was noted that one major issue is the lack of viable relocation routes to Heritage Estates.

 

A confidential inventory of threatened buildings has been prepared, and the study results will help to determine eligibility for relocation to Heritage Estates. Further work is needed to examine the potential for a second Heritage subdivision, and to develop a strategy for preservation of Heritage resources on Federal lands. The Town encourages options for on-site preservations to be explored first.

 

Committee discussed the responsibility of the utility companies with respect to the relocation routes, and suggested regulations be established. There are 12 buildings in the southern area that cannot be relocated for this reason, and this may be an opportunity to establish a second subdivision in that area. Committee questioned lot values in Heritage Estates, and requested staff provide information and a comparison to regular property values.

 

Committee expressed appreciation to Heritage staff for their leadership and for the preparation of the Study. The Mayor stated that Heritage Estates is one of the things that sets Markham apart, and noted the comments received from the Governor General during a recent tour of the subdivision.

 

 

 

 

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Moved by: Regional Councillor J. Heath

Seconded by: Councillor K. Usman

 

That the Development Services Committee recess in-camera at 2:40 p.m. to consider a property matter.

CARRIED

 

Moved by: Regional Councillor J. Heath

Seconded by: Councillor K. Usman

 

That the Committee rise from in-camera at 2:53 p.m.

CARRIED

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Moved by: Regional Councillor J. Jones

Seconded by: Regional Councillor J. Heath

 

That the staff report entitled “Markham Heritage Estates: Study of Threatened Buildings For Remaining Lots (2004)”, dated November 23, 2004, be received and endorsed by Council;

 

And that Town (Heritage Section) staff and Heritage Markham be requested to refer to the staff report and associated confidential assessment of potentially threatened heritage buildings when considering all future requests for relocation to the Markham Heritage Estates;

 

And that the moratorium enacted by Council in July 2003 on further dwellings being considered for relocation to the Markham Heritage Estates Subdivision be repealed;

 

And that Town Staff work with the Region of York and service providers to develop viable house relocation routing corridors for houses to be relocated to the Markham Heritage Estates subdivision;

 

And that the Policy for lot selection in the Markham Heritage Estates be amended to give staff the flexibility to allocate the remaining lots as appropriate and to protect for future adjustment of lot sizes in the event that it becomes necessary to alter lot lines in order to accommodate a larger house in the subdivision;

 

And that the policy restricting building type in the Markham Heritage Estates be amended to permit no more than two non-residential buildings, to be relocated to the Heritage Estates, restored to their original appearance and converted to residential uses;

 

And that the existing policy requiring candidate buildings to be located within the current boundaries of the Town of Markham be maintained, but that Council give consideration to threatened buildings from lands in the former Township of Markham on a case-by-case basis subject to such buildings being of Regional significance, scoring no less than 85 points on the “Evaluation Criteria for scoring the eligibility of Potentially Threatened Buildings to be considered for relocation to the Markham Heritage Estates Subdivision” and Council being satisfied that no other threatened structure from within the current boundaries of the Town of Markham would be more appropriate for relocation to the Markham Heritage Estates;

 

And that there be a limit of no more than 2 buildings from outside Markham boundaries;

 

And that Town (Heritage Section) staff be requested to bring a report back to Council outlining other potential options for the preservation of threatened buildings which may not be eligible for relocation to the Markham Heritage Estates, due to the limited number of remaining lots;   

 

That the detailed findings of the Study referencing the location and description of potentially threatened heritage properties be kept confidential;

 

And that appreciation be expressed to Heritage staff for their leadership and for the preparation of the Study.

CARRIED

 

 

 

6.         ELIGIBILITY OF HOUSE FOR RELOCATION TO
            MARKHAM HERITAGE ESTATES
            THE JOSEPH MARR HOUSE, 8992 REESOR ROAD (16.11)   Report

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor K. Usman

 

That Council declares the dwelling known as the “Joseph Marr House”, located at 8992 Reesor Road to be eligible for relocation to Markham Heritage Estates subject to the following conditions:

 

• The prospective purchaser of the building must provide accurate, realistic and detailed drawings of the house, prepared by a professional architect or designer, and provide an accurate representation of the final height of the house in the Heritage Estates;
• The height of the house in the Heritage Estates is to be consistent with the height of the house at its original location;

 

And that a Heritage Conservation Easement be required as a condition of relocation to the Markham Heritage Estates;

 

And that the owner be required to advertise the availability of the building to those individuals who have expressed an interest in the Markham Heritage Estates concept and in the local newspapers.

CARRIED

 

 

 

7.         LITTLE ROUGE CREEK CORRIDOR MASTER PLAN
            REQUEST FOR FUNDING FORM THE ROUGE PARK ALLIANCE
            (10.8, 7.5)    Report

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Heath

 

That the staff report entitled “Little Rouge Creek Corridor Master Plan - Request for Funding from the Rouge Park Alliance”, dated November 23, 2004, be received;

And that the Council support the Little Rouge Creek Corridor Master Plan process;

 

And that Council be kept informed of the planning process at key milestones throughout the study process, including a presentation to Development Services Commission prior to finalization of the Master Plan by the Rouge Park Alliance;

And further that, subject to Council approving Town participation in this Rouge Park Alliance project, funds in the amount of $15,000 be allocated in the 2005 Capital Budget;

 

*          Amended by Council on November 30, 2004, by replacing the last clause as follows:

 

            “And that funding be provided from the 2004 Environmental Sustainability Fund.”

 

CARRIED

 

Public Meeting – to Council

 

 

8.         OLIVE BRANCH COMMUNITY CHURCH, 175 ANDERSON AVENUE
            OFFICIAL PLAN AND ZONING APPLICATION TO PERMIT A
            PLACE OF WORSHIP (OP 04 026818, ZA 04-026537) (10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed Official Plan and Zoning By-law Amendment applications, Files OP 04 026818, ZA 04 026537, submitted by Olive Branch Community Church to permit a Place of Worship at 175 Anderson Avenue.

 

Committee was advised that 33 notices were mailed on November 3, 2004, and a Public Meeting sign was posted on November 2, 2004. Committee received one written submission from the Region of York, advising that they have no comments at this time.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property. Parking issues still have to be resolved, and staff will attempt to bring this to the Council meeting on December 14, 2004, with the cooperation of the applicant. Regional approvals are also pending.

 

Committee discussed the timeframe for this application, with respect to the purchase of the property. Adult Entertainment use will be removed from the zoning permission by nature of the legal non-conforming setbacks of the use ceasing to continue.

 

Ben Quan, representing the applicant, and Brad Shimbashi of the Olive Garden Branch Community Church made a brief presentation and were in attendance to respond to questions.

 

There were no comments from the public with respect to this application.

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

 

That the written submission received from the Region of York, advising that they have no comments at this time regarding application Files OP 04 026818, ZA 04 026537, submitted by Olive Branch Community Church, be received;

 

And that the deputations by Ben Quan representing the applicant, and Brad Shimbashi of the Olive Garden Branch Community Church regarding application Files OP 04 026818, ZA 04 026537, be received;

 

And that the Record of the Public Meeting held on November 23, 2004, with respect to the proposed Official Plan amendment and amendments to By-law 88-76 be received;

 

And that the applications by The Olive Branch Community Church to amend the Official Plan and By-law 88-76, as amended, be approved;

 

And that the proposed Official Plan Amendment and amendments to By-law 88-76, be enacted without further notice, on December 14, 2004, if possible.

CARRIED

 

 

9.         BOX GROVE HILL DEVELOPMENTS INC.
            & BOX GROVE NORTH INC. & BOX GROVE CENTRE INC. (19TM-030012) 
            TECHNICAL ZONING BY-LAW AMENDMENT (ZA. 04-024981) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed  Zoning By-law Amendment application, File ZA 04 024981, submitted by Box Grove Hill Developments Inc., Box Grove North Inc., and Box Grove Centre Inc., for technical amendments.

 

Committee was advised that 23 notices were mailed on November 3, 2004, and a Public Meeting sign was posted on November 1, 2004. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property.

Committee discussed the 10 metre buffer between the proposed units and the watercourse, noting that comments have not been received from TRCA yet. Concern was identified for the walkway between the stormwater management block and 14^th Avenue, and northwards.

 

Roy Mason, representing Box Grove Hill Developments Inc., was in attendance to answer questions.

There were no comments from the public with respect to this application.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor B. O’Donnell

 

That the Development Services Commission information report dated October 19, 2004, entitled “Box Grove Hill Developments Inc. and Box Grove North Inc., and Box Grove Centre Inc. (19TM-030012), Technical zoning by-law amendment to permit 5 single detached units on lands previously zoned for a storm water management pond and to adjust a front yard setback to allow for the relocation of two heritage houses (ZA 04 024981)” be received;

 

And that the Record of the Public Meeting held on November 23, 2004, with respect to the proposed amendments to By-law 177-96 be received;

 

And that the applications by Box Grove Hill Developments Inc. and Box Grove North Inc., and Box Grove Centre Inc. to amend By-law 177-96 be approved;

 

And further that the proposed amendment to By-law 177-96 be enacted without further notice.

 

            CARRIED

 

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Other matters considered by Development Services Committee on November 23, 2004:

 

 

10.       SPLENDID CHINA SQUARE INC. (FORMER CANADIAN TIRE SITE)
            KENNEDY ROAD AND STEELES AVENUE (10.0)

 

The Chair clarified that this application is under the jurisdiction of the City of Toronto.

 

The Committee had before it written submissions from:

a)       Ms. Mary Flynn-Guglietti of McMillan Binch, representing York Region Condo Corp. No. 890, owner of the Pacific Mall located at 4300 Steeles Avenue, requesting a deputation

b)      Mr. Bruce McMinn, representing Splendid China Square Inc., advising that he will not be responding to third party enquiries at this time

c)       Correspondence package regarding the parking situation at Pacific Mall, provided by Councillor A. Chiu

d)       Frederick Woo, 127 Pond Drive, with concerns

 

Bruce McMinn and Patrick Chan, representing Splendid China Square Inc., and David Richardson of Marshall Macklin Monaghan, gave a presentation regarding the proposal for the former Canadian Tire site at Kennedy Road and Steeles Avenue.

 

They displayed elevations and explained that Phase I will consist of 200 units consolidated into  70-80 business units, and should be completed in 2005; and that the completion of Phase II in 2006 will result in a total building size of 260,000 sq. ft.

 

With respect to parking, 315 stalls are required for Phase I, and 350 will be provided; 832 are required for Phase I and Phase II combined, and 950 are provided with below-grade and multi-level parking structures. In addition, arrangements have been made for overflow parking during certain times at the adjacent GO Station parking lot.

 

Mr. Richardson advised that Redlea Boulevard will be extended to Passmore Avenue, and corrections to the local road network should alleviate some traffic congestion. It is anticipated that all the parcels for the Redlea extension will be assembled shortly and an accelerated EA process will likely be completed in 2005, although the need for the extension as well as the development of Phase II will be dependant on the success of Phase I. The Milliken GO Station should be completed in July 2005, and realignment and signalization of Steeles Avenue will also make an improvement to traffic flows.

 

Mary Flynn-Guglietti made a deputation on behalf of York Region Condominium Corporation No. 890, owner of the Pacific Mall located at 4300 Steeles Avenue East. Ms. Flynn-Guglietti stated concerns for the proposed increase in size and suggested that submission of a site plan application should be required. Her concerns included traffic and parking issues; off-site parking at the GO Station may not be appropriate; the timing for the Redlea extension; and, the six-storey parking structure is not in character with the neighbourhood.  Ms. Flynn-Guglietti requested that Markham work with the City of Toronto to resolve issues, and that an Interim Control By-law be put in place. Ms. Flynn-Guglietti agreed to provide a written summary of her presentation.

 

Frederick Woo, 127 Pond Drive, stated his concerns that the parking would not be adequate for 200 units, and that traffic congestion would increase. He urged the Town of Markham to work with the City of Toronto to resolve issues.

 

Committee discussed traffic concerns and supported working with the City of Toronto prior to development of the subject land. Discussions included: off-site parking; timing for the Redlea extension; whether an additional east/west road is required; improvements for the traffic flow east on Steeles Avenue at Markham Road; the efforts of a previous Task Force regarding traffic issues in this area; and, the possibility of proceeding with infrastructure improvements regardless of the progress of this development.

 

Staff advised that Markham is on record with the City of Toronto regarding its concerns for this proposal, and that staff are willing to work with the City in this regard. Committee requested information regarding the capacity of parking lots during the week at Pacific Mall and Market Village.

 

 

 

Moved by: Councillor Joe Virgilio

Seconded by: Regional Councillor J. Jones

 

That the written submissions from Mary Flynn-Guglietti of McMillan Binch, representing York Region Condo Corp. No. 890, owner of the Pacific Mall, with objections; Bruce McMinn, representing Splendid China;   Correspondence package regarding the parking situation at Pacific Mall, provided by Councillor A. Chiu; and from Frederick Woo, with objections regarding the proposal by Splendid China Square Inc. for the former Canadian Tire site a Kennedy Road and Steeles Avenue, be received;

 

And that the presentation by Bruce McMinn and Patrick Chan, representing Splendid China Square Inc., and David Richardson of Marshall Macklin Monaghan, be received;

 

And that the deputations by Mary Flynn-Guglietti on behalf of York Region Condominium Corporation No. 890, owner of the Pacific Mall, and Frederick Woo, with concerns regarding the proposal by Splendid China Square Inc.; be received;

 

And that the proposal by Splendid China Square Inc. be referred to staff for a report to the Development Services Committee meeting on December 7, 2004, regarding issues discussed, the potential of a joint study with Toronto on parking and traffic issues, and how to proceed.

CARRIED

 

 

11.       WATER AND SEWER UPDATE (5.3, 5.5)

 

Staff provided an update on water and sewer service allocations. The Region has recently granted sewage allocation for 698 units to meet current commitments, and an additional 633 units have been granted for new draft plan or site plan approvals. Staff will report back in the New Year with a further update and information regarding prioritizing allocation.

 

Committee requested the Region be asked to consider reusing grey water in developments, and requested an accounting of prior allocations.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the staff update regarding water and sewer services be received.

CARRIED

 

 

 

 

 

 

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IN CAMERA

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Heath

 

That the Development Services Committee recess in-camera at 3:25 p.m. to consider a legal matter.

CARRIED

 

12.       LEGAL MATTER (7.0)

 

Moved by: Councillor J. Webster

Seconded by: Councillor A. Chiu

 

That the Committee rise from in-camera at 4:10 p.m. and report out at Committee of the Whole  on November 30, 2004.

CARRIED

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13.       PRESENTATION OF SERVICE AWARDS (12.2.6)

 

The following staff were presented with service awards:

 

Jerry Klaus, General Manager, Waterworks – 30 years

Scott Heaslip, Senior Project Coordinator, Planning and Urban Design – 20 years

Regan Hutcheson, Senior Project Coordinator, Planning and Urban Design – 15 years

James Hurley, Sweeper Operator, Roads Maintenance – 15 years

Gregory Lees, Provincial Offences Officer II, By-law Enforcement and Licensing – 15 years

Jonathon Styles, Truck Driver, Roads Maintenance – 15 years

Doreen Drimmel, WSIB Claims Adjuster, Human Resources – 10 years

Jeanie Fragale, Councillor’s Assistant – 5 years

Mark Leadbetter, Roads Labourer, Road Maintenance – 5 years

Bonnie Leonard, Councillor’s Assistant – 5 years

Steve McGilvray, Truck Driver, Roads Maintenance – 5 years

Francis Poon, Manager, Information Technology – 5 years

Deborah Reeves, Administrative Assistant II, Fire and Emergency Services – 5 years

Jim Sales, Commissioner, Community Services – 5 years

Domenic Smarrelli, Traffic Engineer, Transportation Engineering – 5 years

Marco Antonellis, Building Inspector I, Building Inspections – 3 years

Doris Cheng, Planner II, Planning and Urban Design – 3 years

Eleanore Garland, Scheduler, Mayor’s Office – 3 years

Frank Ierfino, Development Engineer, Development Engineering – 3 years

Joanne Olson, Councillor’s Assistant – 3 years

Balendra Sinnadurai, Engineering Technician, Transportation Engineering – 3 years

14.       MARKHAM CENTRE STEERING COMMITTEE MINUTES (16.0)
- November 9, 2004      Minutes

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

That the minutes of the Markham Centre Steering Committee meeting held November 9, 2004, be received for information.

CARRIED

 

15.       DELEGATED APPROVALS UNDER BY-LAW 2002-202
(DM 2001-03) (10.6)      Report

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

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, November 23, 2004.

CARRIED

 

16.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF OCTOBER 14, 2004 TO OCTOBER 29, 2004
(10.0)    Report

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of October 14, 2004 to October 29, 2004” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

 

17.       OLIVE BRANCH COMMUNITY CHURCH
            175 ANDERSON AVENUE, OFFICIAL PLAN AND ZONING
            BY-LAW AMENDMENT TO PERMIT A PLACE OF WORSHIP
            (OP 04 026818, ZA 04 026537) (10.3, 10.5)   Report

 

Moved by: Regional Councillor J. Heath

Seconded by: Councillor A. Chiu

 

That the staff information report dated November 23, 2004 regarding the proposed Official Plan and Zoning By-law Amendments, ZA 04 026537 and OP 04 26818, for 175 Anderson Avenue, be received as information relative to the Public Meeting scheduled for November 23, 2004.

 

CARRIED

18.       R. CORONA PROPERTIES CORP., 4491 HIGHWAY 7 EAST
            ZONING AMENDMENT TO PERMIT ADDITIONAL USES
            (ZA 04-026009) (10.5)      Report

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

That the staff report entitled “Preliminary Report:  4491 Highway 7 East (R. Corona Properties Corporation); Application for zoning amendment to permit additional uses, Concession 5, Part Lot 10, 64R-3604 Part 1(ZA 04-026009) be received;

 

And that a Public Meeting be held to consider the application submitted by R. Corona Properties Corporation for 4491 Highway 7 East to amend the existing zoning to permit additional uses and remove the site specific amendment limiting the use to a bank only.

CARRIED

 

 

19.       2004 MARKHAM CENTRE PERFORMANCE MEASURES
            REPORT CARD      Report   (10.8)

 

Charles Sutherland, Chair, and Ron Christie, of the Markham Centre Advisory Group, gave a brief deputation regarding the work of the Advisory Group, and expressed apprectiation to staff for their support. Committee commended the work and commitment of the Advisory Group.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the deputation by Charles Sutherland, Chair, and Ron Christie, of the Markham Centre Advisory Group, be received;

 

And that the report entitled “2004 Markham Centre Performance Measures Report Card” dated November 23, 2004, be received as information.

CARRIED

 

Moved by: Mayor D. Cousens

Seconded by: Councillor A. Chiu

 

That appreciation be expressed to the Markham Centre Advisory Group for their work and commitment to Markham Centre.

CARRIED

 

 

 

 

 

 

 

20.       SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY
            SITE PLAN APPROVAL FOR A COMMUNITY COLLEGE
            AT 10 ALLSTATE PARKWAY (SC 04 024643) (10.6)    Report

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster

 

That the site plan application SC 04 024643 by Seneca College for the addition of an external stairway and the reconfiguration of the parking lot be endorsed and referred back to the Director of Planning and Urban Design for final approval, subject to the following conditions:

1.      That the Ontario Municipal Board approve By-law 165-80, as amended by By-law 2004-2002, which would permit the post-secondary community college use, subject to the removal of the Hold provision;

2.      That the Owner enter into a site plan agreement with the Town;

3.      That the Site Plan Approval will lapse after a period of three years commencing on the day the site plan is approved by the Director of Planning and Urban Design, in the event that the site plan agreement is not executed within that period;

4.      That prior to the execution of the site plan agreement;

a.       the Owner shall convey lands, to the satisfaction of the Commissioner of Development Services, at nominal cost and free and clear of all encumbrances, for a proposed road from Highway 7 (opposite the Highway 404 Northbound off-ramp) to Allstate Parkway (opposite Centurian Drive) along a portion of the north and west sides of the property, and/or for a potential Highway 404 east-west mid-block collector road alignment;

2. the Owner shall provide an easement to the Town for lands to be used as an earth embankment associated with the construction of a future road from Highway 7 (opposite the Highway 404 northbound off-ramp) to Allstate Parkway (opposite Centurian Drive) along a portion of the north and west sides of the property, and/or for a future mid-block collector road along a portion of the north side of the property; and

c.       the Owner shall submit final drawings, and comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

5.      That the site plan agreement shall:

a.       provide for the payment of all applicable fees, recoveries, development charges, parkland dedications and financial obligations owing to the Town;

b.      provide for any applicable Developers Group Agreement(s) requirements, to the satisfaction of the Town;

 

 

c.       contain provisions for the phasing of the parking lot re-configuration to accommodate the construction of a road(s) described in recommendation 4(a) above, including the future submission of Engineering and Landscape plans, to the satisfaction of the Commissioner of Development Services;

4. contain a Letter of Credit to ensure that the owner retains a consultant to monitor the implementation of the TDM measures and its impact on traffic generation as outlined in the  traffic study by IBI Group dated September 28, 2004;

e.       contain provisions for satisfying Town Departments including all requirements of the Director of Engineering, the Fire Department, Waste Management and Roads; and

f.        contain provisions for satisfying all external agencies, including all requirements of the York Region Transportation and Works Department, the Toronto and Region Conservation Authority and the Ministry of Transportation;

6.      That the Owner provide the Town with certification from an Ontario Land Surveyor that the height of the building is in compliance with the Transport Canada Buttonville Airport Zoning Regulations, prior to the issuance of a Building Permit;

And that the Mayor and Clerk be authorized to execute a Land Transfer Agreement for the conveyance of lands from Seneca for a proposed road from Highway 7 (opposite the Highway 404 northbound off-ramp) to Allstate Parkway (opposite Centurian Drive) along a portion of the north and west sides of the property, and/or for a potential Highway 404 east-west mid-block collector road alignment, in a form satisfactory to the Town Solicitor, free and clear of all encumbrances and for nominal consideration;

 

And that the Land Transfer Agreement provide for the re-conveyance of lands from the Town to Seneca, at nominal cost, deemed surplus to the road requirements described in the recommendation above.

CARRIED

 

 

 

21.       COMMENTS ON BILL 135 – PROPOSED GREENBELT ACT, 2004
            AND THE DRAFT GREENBELT PLAN (13.2)    Report

 

Staff gave a brief overview of the draft comments, based on discussions and directions of Council, and confirmed that the request to recognize the recommendations of the Eastern Markham Strategic Review are included.

 

 

 

 

 

 

Committee discussions included the following matters to be incorporated into the comments:

-  Address implementation tools/mechanisms or stewardship options that require different levels of government to control

-  Clarify that with respect to private ownership, only the lands surrounding existing homesteads will be included

-  Remove “consider” from Condition # 6

-  Mapping is to be clarified with respect to: several privately owned properties are not included in the mapping (Staff advised that the Province considers that these are likely mapping errors)

-  Maps should also correctly reflect the Tompion lands, the Bernadette Manning lands, and the Box Grove lands

-  Clarify yellow portions in Schedule 4 mapping

-  Should the Greenbelt be expanded to include several light yellow areas of concern  

-  Confirm that the Province will allow planning control to remain with the Region and the local municipality

-  All lands east of the Little Rouge should remain agriculture, and the Town of Markham must retain the rights to designate the lands

-  Circulation of the document is to include the Minister of Natural Resources and the Minster of Agriculture and Rural Affairs

 

Staff advised that they will refine the draft submission based on discussions and provide an update at Committee of the Whole on November 30, 2004.

 

The Committee congratulated Lilli Duoba on her hard work over the years.

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Regional Councillor J. Heath

 

That the staff report entitled “Comments on Bill 135 – Proposed Greenbelt Act, 2004 and the Draft Greenbelt Plan,” dated November 23, 2004, be received.;

 

And that staff revise the draft comments as discussed this day and present final comments at Committee of the Whole on November 30, 2004.

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

COMMUNICATIONS

 

 

22.       MINISTRY OF MUNICIPAL AFFAIRS - NOTICE OF DECISION
            OAK RIDGES MORAINE CONSERVATION ACT, OPA 117 (10.3)

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the Notice of Decision from the Ministry of Municipal Affairs, granting approval with modifications to Official Plan Amendment No. 117 (OPA 117) for the Town of Markham, regarding the Oak Ridges Moraine Conservation Act, be received.

CARRIED

 

 

23.       MINISTRY OF MUNICIPAL AFFAIRS - NOTICE OF DECISION
            OAK RIDGES MORAINE CONSERVATION ACT, ROPA 41 (10.3, 13.4)

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the Notice of Decision from the Ministry of Municipal Affairs, granting approval with modifications to part, and noting several non-decision to specific items, of Official Plan Amendment No. 41 (ROPA 41) for the Region of York, regarding the Oak Ridges Moraine Conservation Act, be received.

CARRIED

 

 

 

 

PART C

Public Meeting

7:00 p.m. - Council Chamber

 

 

Attendance

Vice-Chair:  Councillor D. Horchik Members:             Deputy Mayor  F. Scarpitti             Regional Councillor J. Heath             Regional Councillor J. Jones             Regional Councillor B. O’Donnell             Councillor S. Daurio             Councillor E. Shapero             Councillor J. Virgilio             Councillor J. Webster             Councillor A. Chiu

J. Baird, Commissioner of Development Services V. Shuttleworth, Director of Planning and Urban Design T. Lambe, Manager, Policy and Research R. Kendall, Senior Project Coordinator R. Blake, Senior Project Coordinator S. Heaslip, Senior Project Coordinator B. Karumanchery, Senior Project Coordinator E. Silva-Stewart, Senior Policy Planner T. Kanji, Senior Planner G. Day, Planner T. Williams, Planner K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 7:00 p.m. in the Council Chamber with Councillor D. Horchik in the Chair. 

 

 

24.       STRINGBRIDGE INVESTMENTS LIMITED, SOUTHWEST CORNER
OF HIGHWAY 7 AND SOUTH TOWN CENTRE BOULEVARD
PRECINCT PLAN, BY-LAW AMENDMENT AND SITE PLAN
(ZA 04-024490, SC 04-011279) (10.5, 10.6)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Zoning By-law Amendment and Site Plan applications, Files ZA 04 024490 and SC 04 011279, submitted by Stringbridge Investments Limited, for the southwest corner of Highway 7 and South Town Centre Boulevard.

 

Committee was advised that 1533 notices were mailed on November 3, 2004, and a notice was published in the Markham Economist and Sun on November 9, 2004. Two Public Meeting signs were posted on November 2, 2004. Committee received one written submission from Francis Leung of Hollingham Road, in opposition.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property. The proposal will increase the density and amend the zoning provisions to implement the revised Precinct Plan. It will be reviewed by the Markham Centre Advisory Group as per the usual process.

 

Committee requested consideration be given to add an extra floor in each of the buildings to accommodate parking, which would enable the proposed parking deck to be converted to a different use. It was suggested that this is an ideal location for increased density. Staff will consult with the applicant on these opportunities.

 

There were no comments from the public with respect to this application.

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor E. Shapero

 

That the written submission received from Francis Leung of Hollingham Road, in opposition to the applications, Files ZA 04 024490 and SC 04 011279, submitted by Stringbridge Investments Limited, for the southwest corner of Highway 7 and South Town Centre Boulevard, be received;

 

And that the Record of the Public Meeting held on November 23, 2004, with respect to the proposed zoning by-law amendments be received;

 

And that the application be referred back to staff for a formal report and recommendations.

 

CARRIED

 

 

25.       PROCTOR INVESTMENTS LTD., 34 PROCTOR AVENUE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
FOR CONDOMINIUM TOWNHOUSES(OP 04-011140, ZA 04-011135)
(10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Official Plan and Zoning By-law Amendment applications, Files OP 04 011140 and ZA 04 011135 submitted by Proctor Investments Ltd., for condominium townhouses at 34 Proctor Avenue.

 

Committee was advised that 68 notices were mailed on November 16, 2004, and a Public Meeting sign was posted on November 1, 2004. Committee received written submissions from:

1.         Margaret Butkovic, 49 Proctor Avenue, with an attached petition of 50 signatures in objection to the proposal

2.         Lou Butkovic, 49 Proctor Avenue, in objection

3.         Pietro Gullo, 36 Proctor Avenue, in objection

4.         Geoff Woods, CN Railway Properties, requesting comments to be included in the conditions, if approved.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property.

 

Discussions included the parking standards of two spaces per unit, the access location to the underground parking, and the setback from the rail line.

 

Murray Evans of Evans Planning, representing the applicant, advised that CN Rail has approved the acoustic and noise mitigation measures proposed, and that berming will be constructed. He reviewed the site plan and elevations, demonstrating the efforts made to reduce impacts on the neighbours with respect to setbacks, gradations, sloping of the structures, location of access, and rear yard parking.

 

Committee suggested a symmetrical roof line would be more aesthetically pleasing, and staff advised the plans will be subject to architectural review.

 

Dieter A. Salming, 4-100 Henderson Drive, representing residents of Condominium No. 199, stated concerns for the access location, increased traffic, overnight parking in front of the subject site, loss of green space, and the clustering of the townhouses. Staff advised that a traffic study has not been requested as the impact from 10 units is considered minimal.

 

Tom Butkovic, 49 Proctor Avenue, had concerns regarding the proposed height of the buildings,  setback requirements, the visual impact of the noise wall, and the loss of green space. He suggested single family dwellings are a more compatible use.

 

Margaret Butkovic, 49 Proctor Avenue, provided a petition with 50 signatures in objection to the proposal. Ms. Butkovic’s concerns included the loss of open space, access for snow and garbage removal, insufficient parking spaces and potential for on-street parking, and safety and traffic issues. She considered that the three-storey height and higher density were incompatible with the existing neighbourhood.

 

Lou Butkovic, 49 Proctor Avenue, discussed the constraints on the site created by the CNR tracks and the stormwater easement. Mr. Butkovic displayed an alternate proposal for 3 or 4 single family dwellings that he considered to be more compatible with the community.

 

Shelly Switzer, 21 Sprucewood Drive, stated an opinion that this proposal is not appropriate for the neighbourhood, with the narrow units, increased height and reduced setbacks.

 

Committee discussed the concerns identified, and acknowledged that it is a difficult site to develop. The Town is working to resolve traffic problems, and the residents should be notifying the Town when overnight parking occurs so that it can address that problem as well. A staff report will address the concerns discussed, and the Ward Councillor offered to convene a Public Information Meeting when the report is ready.

 

Suggestions were made with respect to an acceptable design, such as making it look like two single family structures to fit in with the streetscape, or consider a different use that is compatible with the residential neighbourhood.

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor S. Daurio

 

That the written submissions from Margaret Butkovic, Lou Butkovic, and Pietro Gullo, with objections, and from Geoff Woods representing CN Railway Properties, with comments, regarding  the proposal by Proctor Investments Ltd. For 34 Proctor Avenue, Files OP 04 011140 and ZA 04 011135, be received;

 

And that the deputations by Dieter A. Salming, Tom Butkovic, Margaret Butkovic, Lou Butkovic, and Shelly Switzer in opposition to the proposal by Proctor Investments Ltd. be received;

 

And that the Development Services Commission report dated May 18, 2004 entitled “Preliminary Report – Proctor Investments”, Official Plan and Zoning Amendment Application to permit townhouse dwellings on Proctor Avenue just east of Henderson Avenue (OP 04 011140 and ZA 04 011135)” be received;

 

And that the Record of the Public Meeting held on November 23, 2004, with respect to the proposed amendments to By-law 2237 be received;

 

And further that the application by Proctor Investments Ltd. to amend By-aw 2337 be referred back to staff for a report and recommendation.

CARRIED

 

 

26.       WOODBINE CACHET WEST INC., (METRUS DEVELOPMENT INC.)
2960 16^TH AVENUE, OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENTS FOR COMMERCIAL AND RETAIL DEVELOPMENT
(OP 03 119016, ZA 03 119029) (10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Official Plan and Zoning By-law Amendment applications, Files OP 03 119016 and ZA 03 119029 submitted by Woodbine Cachet West Inc. (Metrus Developments Inc.) for 2960 16^th Avenue.

 

Committee was advised that 85 notices were mailed on November 3, 2004, and a Public Meeting sign was posted on November 1, 2004. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property. Key issues are that a concept plan has not been submitted yet, a Heritage building on site will have to be preserved, and the potential impact on the supply of employment lands.

 

Harry L. Edwards, representing Eagle Nest Golf Enterprises on 16^th Avenue, located immediately west of the subject property, stated his concern regarding the lack of information, drawings and details. Mr. Edwards advised that he has an agreement with the applicant regarding development of Eagle Nest Road, and he requested that the proposal be subject to the owner entering into an agreement with the Town for development of the road. He asked to be kept informed on this application.

 

Peter Russell of KLM Planning Partners Inc., representing the applicant, advised that plans have not yet been determined. He has been working with the Town on the Commercial Policy Review and other issues. Mr. Russell advised that his client would be pleased to proceed with the broader land use issue at this time, and to come back with more detailed information when plans advance. He stated that he has no objection to a further Public Meeting with respect to details.

 

Committee expressed concern for the lack of a concept plan, and considered adjourning the Public Meeting, to be continued at a later date. Notice requirements were discussed, and the Ward Councillor agreed to send out notice for a 120 metre area. Anyone who wishes to be notified can also submit a request to the Town Clerk.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Heath

 

That the deputations by Harry L. Edwards, representing Eagle Nest Golf Enterprises, with concerns, and by Peter Russell of KLM Planning Partners Inc., representing the applicant,  regarding Files OP 03 119016 and ZA 03 119029 submitted by Woodbine Cachet West Inc. (Metrus Developments Inc.) for 2960 16^th Avenue, be received;

 

And that the Development Services Commission information report dated May 18, 2004 entitled “Preliminary Report – Woodbine Cachet West Inc., Applications for Official Plan and Zoning By-law Amendments, 2960 16^th Avenue, north side of 16^th Avenue west side of Woodbine Avenue  (OP 03 119016 and ZA 03 119029)” be received;

 

And that the Record of the Public Meeting held on November 23, 2004, with respect to the applications by Woodbine Cachet West Inc. for Official Plan and Zoning By-law Amendments, be received;

 

And that the application be referred back to the Commercial Policy Review Subcommittee and to staff for further consideration;

 

And that the Public Meeting be adjourned, to be continued at a later date.

CARRIED

 

 

27.       TOWN-INITIATED OFFICIAL PLAN AMENDMENT
PROPOSED BUSINESS CORRIDOR AREA (MI.491)(10.3)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Town- initiated proposed Official Plan Amendment, File MI.491 for the business corridor area.

 

Committee was advised that 20 notices were mailed on November 3, 2004, and a notice was published in the Markham Economist and Sun on November 2, 2004. Committee received written submissions from:

1.            Tom Farrar, Box Grove Community Association, stating concerns

2.            Steven A. Zakem, Aird & Berlis, on behalf of Loblaw Properties Limited, stating concerns

3.            York Region, advising they have no objections

 

Staff gave a presentation regarding the proposal.

 

Steven A. Zakem of Aird & Berlis, on behalf of Loblaw Properties Limited, discussed the two Loblaws developments within Markham. He compared the depth of the extensive 1994 Commercial Policy review with the recent review by John Winter. Mr. Zakem requested that this proposal be further reviewed, or alternatively, that the Loblaws lands be exempted from the proposed policy changes.  

 

John Alati of Davis Howe Partners, representing the Box Grove landowners, stated that the Box Grove Secondary Plan had been approved and commercial policies put in place years ago. He could find no justification to enact new policies that would downsize the allowable commercial space per single retail building in the Business Corridor. Committee suggested that staff meet with applicants to determine the best location for commercial development in Box Grove.

 

Staff explained that the intention is to move forward with Business Corridor objectives. Negotiations with landowners are anticipated, whether before adoption or if appealed. It was suggested that staff be authorized to bring the amendment forward, and to continue to work with landowners, and present further options or amendments to Council. Staff was directed to explain the ramifications on John Winter’s review and Highway 48 development, that any options brought forward might have.

 

Committee requested a map be provided indicating available locations for Big Box development in Markham. It was agreed that further discussions are needed.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor J. Virgilio

 

That the written submission received from Tom Farrar on behalf of the Box Grove Community Association, and Steven A. Zakem of Aird & Berlis, on behalf of Loblaw Properties Limited, stating concerns, and from York Region, advising they have no objections, with respect to  File MI.491, the Town-initiated Official Plan amendment for Business Corridor Areas, be received;

 

And that the deputations by Steven A. Zakem of Aird & Berlis, on behalf of Loblaw Properties Limited, and by John Alati of Davis Howe Partners, representing the Box Grove landowners  regarding File MI.491, the Town-initiated Official Plan amendment for Business Corridor Areas, be received;

 

And that the Record of the Public Meeting held on November 23, 2004, with respect to the proposed draft Official Plan amendment, be received;

 

And that discussions continue between staff and concerned parties, and that options be presented to Development Services Committee;

 

And that staff finalize the Town- initiated proposed Official Plan Amendment, File MI.491 for the business corridor area and bring it back to Development Services Committee.

CARRIED

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 10:10 p.m.