MINUTES
DEVELOPMENT SERVICES COMMITTEE
2005-09-20
Meeting No. 15
Attendance
|
Councillor A. Chiu
|
J. Livey, Chief Administrative
Officer
J. Baird, Commissioner of
Development Services
R. Blake, Senior Project Coordinator
K. Boniface, Parks Planner
M. Boyce, Senior Policy Coordinator
A. Brown, Director of Engineering
S. Chait, Director of Economic
Development
D. Ciastko, Senior Economic
Development Officer
C. Conrad, Town Solicitor
L. Duoba, Project Coordinator
L. Irvine, Manger, Parks and Open
Space Planning
T. Lambe, manager, Policy and
Research
T. Northcott, Senior Economic
Development Officer
V. Shuttleworth, Director of
Planning and Urban Design
B. Varner, Real Property Manager
K. Bavington, Committee Clerk
|
The Development Services Committee convened at the hour of 12:05 p.m. in the Canada Room with Councillor
G. McKelvey in the Chair. Councillor J.
Virgilio assumed the Chair for the Economic Development items, No. 5, 6, and 7.
DISCLOSURE OF INTEREST – none
declared
1. DESIGNATION
UNDER PART IV OF THE ONTARIO
HERITAGE ACT, 8882 REESOR ROAD
WILLIAM FORSTER HOUSE
OWNER: MADISON
PROPERTIES/HOMES (16.11.3)
Report
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor J. Jones
That the “William Forster
House” at 8882 Reesor Road be approved for designation under
Part IV of the Ontario Heritage Act;
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
2. 16TH AVENUE PHASE 2 SANITARY SEWER
NOISE EXEMPTION BY-LAW (2.10,
5.5)
Report
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor J. Jones
That
Council’s January 28, 2003 and May 26,
2005
exemptions to the Town’s Noise Control By-law #2003-137 for the Region’s 16th Avenue Phase 2 Sanitary Sewer be modified
as follows:
a)
Shaft Locations
Location 1 – North side 16th Avenue opposite Longwater Chase (east)
Location 2 – South side 16th Avenue between Warden Avenue and Lockbridge Avenue
Location 3 – North side 16th Avenue between Woodbine Avenue and Rodick Road
Location 4 – North side 16th Avenue opposite Stone Mason Drive
Exemption
1900 to 2300 hours Monday to
Friday from May 16, 2005 to April 30, 2007 for shaft excavation and tunnelling, with the
exception of location 4 which will be from August
16, 2005 to April 30, 2006.
b)
Shaft Locations
Location
5 – North East corner of Kennedy Road and 16th Avenue
Location 6 – North East corner of McCowan Road and 16th
Avenue
Exemption
1900 to 0200 hours Monday to
Saturday from August 16, 2005 to August 31, 2007 for shaft excavation and tunnelling, with the
exception of location 6 which shall be from September
1, 2005 to October 30, 2006.
0200 to 0700 Monday to Saturday
from October 5, 2004 to April 30, 2007 for maintenance.
And
that the above exemption be subject to conditions listed in January
28, 2003
Markham Council resolution;
And
that Mr. Nitti Subramaniam, Project Manager, Region of York, be advised
accordingly.
CARRIED
3. ROMANDALE
FARMS LTD. AND 404 DEVELOPMENTS INC.
10350 WOODBINE AVENUE,
CATHEDRAL TOWN PHASE II
DRAFT PLAN OF SUBDIVISION AND
REZONING
(SU 05 009154, ZA 05 009155) (10.5,
10.7)
Report 1
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor A. Chiu
That the report entitled “RECOMMENDATION REPORT: Applications
for Draft Plan of Subdivision Approval and Rezoning by Romandale Farms Limited
& 404 Developments Inc., Cathedral Town Phase
II, 10350 Woodbine Ave. (File
nos. SU 05 009154; ZA 05 009155)” be received;
And that the record of the
Public Meeting held on June 7, 2005, relating to the application by Romandale Farms Limited and 404 Developments
Incorporated (Cathedral Town Phase II), 10350 Woodbine Avenue, for approval of
a residential draft plan of subdivision and zoning by-law amendment, be
received;
And that Draft Plan of
Subdivision 19TM-05002 prepared by Design Plan Services Inc., identified as
drawing number 0238-2\10 and dated August 5/05, be draft approved, subject to
the red line revisions and conditions of draft plan approval set out in
Appendix ‘A’ to this report;
And that the Director of
Planning and Urban Design be directed to issue draft approval once the Owner
has complied with the requirement to enter into the agreement set out below restricting
pre-sale of certain residential units in the subdivision;
And that prior to issuance of
draft plan approval, the Owner shall enter into an agreement with the Town,
applying specifically to Block 55 and Blocks 43 to 49 inclusive of draft plan
19TM-05002, which agreement shall be registered on title, committing the Owner
not to enter into any agreements of purchase and sale with anyone, including
other developers or builders, for the subject blocks, until the following
conditions have been met:
·
The Town has completed a detailed design study for the Woodbine Avenue
By-pass;
·
The owner has conveyed to York Region, free of all costs and
encumbrances, any land required for the Woodbine Avenue By-pass within the
boundaries of draft plan 19TM-05002 as identified by the above study; and,
·
If required, the draft plan has been revised to reflect any changes to
the Woodbine Avenue By-pass alignment and any associated changes to the
configuration of the subject blocks;
And that the applications to
amend zoning by-laws 304-87 and 177-96 be approved and the implementing by-laws
be enacted;
And that servicing allocation for the 88 units in this draft
plan of subdivision be taken from the 300 units previously granted to draft
plan of subdivision 19TM-01001 (Cathedral Town Phase 1) in October 2001;
And that the Town reserve the
right to revoke or reallocate servicing supply to the draft plan of subdivision
should the development not proceed in a timely manner;
And
that the applicant submit the required 30% subdivision
processing fee.
CARRIED
4. NEAMSBY
INVESTMENTS INC.
SOUTHEAST CORNER OF KENNEDY
RD. AND DENISON ST.
REZONING AND SITE PLAN
APPLICATIONS TO PERMIT
AN APARTMENT DEVELOPMENT (ZA
04 028090, SC 04 014176) (10.5, 10.6)
Report
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor J. Jones
That Neamsby Investments Inc. be granted a
servicing allocation of 273 units,
constituting a transfer of servicing allocation of the same number of units
from their lands at the northwest corner of Markham Road and Steeles
Avenue;
And that the Region of York be advised of the
servicing allocation for this development;
And that the Town reserves the right to
revoke or reallocate servicing allocation should the development not proceed in
a timely manner;
And that the
Site Plan application (SC 04 014176) submitted by
Neamsby Investments Inc. to permit a 273-unit
apartment building development at the southeast corner of Kennedy Road and
Denison Street, be endorsed for approval, with the following conditions:
1. That the final site plan and elevation
drawings be submitted to the satisfaction of the Commissioner of Development
Services, including any revisions arising from the following:
a. Recommendations of the required noise study;
b. Recommendations of the required traffic
impact study;
2. That a Landscape Plan, including
appropriate gateway treatments, be submitted, prepared by a Landscape Architect
having O.A.L.A. membership, to the satisfaction of the Commissioner of
Development Services;
3. That a traffic impact study be submitted
and any recommendations be implemented, to the satisfaction of the Commissioner
of Development Services;
4. That the appropriate zoning be in effect
through the Milliken Main Street implementing zoning by-law (By-law 2005-250)
or through a site-specific amendment;
5. That a noise study be submitted and any
recommendations be implemented, to the satisfaction of the Commissioner of
Development Services;
6. That an environmental site assessment be
submitted to the satisfaction of the Town and appropriate agencies, identifying
any required remediation to residential standards;
7. That the Owner comply with all
requirements of the Town and authorized public agencies, to the satisfaction of
the Commissioner of Development Services;
8. That the Owner enter into a site plan
agreement with the Town, containing all standard and special provisions and
requirements of the Town and public agencies including the following:
a. Provision for the payment by the Owner of
all applicable fees, recoveries, development charges, parkland dedications and
financial obligations related to applicable Developers Group Agreements;
b. Provision for a letter of credit for the full value of the estimated
area-specific development charge amount, to be determined by the Director of Engineering;
c. Provision for contribution towards community and infrastructure
facilities (including, but not limited to, the school site north of Victory Avenue),
where the costs of these facilities are not included within the estimated
area-specific development charge amount;
d. Provision requiring the Owner to provide a driveway access easement over the southerly driveway in favour of the
property to the south, if and when required by the Town;
9. That the Owner submit a
satisfactory parking study to justify a reduction in the parking standard for
this development and obtain a minor variance or zoning amendment to the Town’s
parking standards;
10. That a site plan agreement be executed prior
to final site plan approval;
11. And that the site plan approval shall lapse
after a period of three years commencing September 20, 2005, in the event a site plan agreement
is not executed within that period.
CARRIED
5. MARKHAM LAVAL ECONOMIC ALLIANCE
MID-YEAR 2005 ACTION PLAN
UPDATE (10.16)
Report
Councillor
J. Virgilio assumed the Chair for the Economic Development items.
Staff
gave an overview of the business mission to Laval.
A good response has been received from the Markham Board of Trade and its
members for this event, and to date, five businesses are accompanying the
group.
Committee
removed the proposed option for one member of the Economic Development
Committee to attend.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor A. Chiu
That the report
entitled “Markham-Laval Economic Alliance mid year 2005 Action Plan update” be
received;
And that the Town
proceed with a one-day business mission comprising Sr. Business Development
Officer, Darren Ciastko, and Project Consultant, Bertrand Walle to Laval, October 25, 2005 at a cost of $2000.00 to be funded from within Economic Development
International & Economic Alliances capital account #086-6900-6775-005.
CARRIED
6. TOWN OF MARKHAM AND MARKHAM BOARD OF
TRADE
MISSION TO CARY, NORTH
CAROLINA - NOVEMBER 1-3, 2005 (10.16)
Report
Staff gave an overview of the trip to Cary,
North Carolina. Committee suggested that Markham
businesses be canvassed for any interest in participating. Staff advised that
several have been approached, and Council members will be e-mailed the final
list of participants, when determined.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor A. Chiu
That the report
entitled “Town of Markham and Markham Board of Trade Mission to Cary, North
Carolina”, herein referred to as “the Markham delegation” be received. The cost
is not to exceed $4,000 based on the participation of one member of the Economic Development
Department, one member of Council as selected by Council, and the Chief
Administrative Officer;
And that the
expenditure is to be funded from within the 2005 business development account
#
086-6900-6773-005.
And that Economic Development
staff invite several Markham businesses to participate, at their own expense.
CARRIED
7. MARKHAM’S
PARTICIPATION IN THE
PREMIERS MISSION TO CHINA
NOVEMBER 6-15, 2005
(10.16)
Staff provided a summary of the Premier’s Mission
to China, and
advised of the revised date (November 6 – 15) and cost calculations.
Discussions included changes to the itinerary, the
purpose and strategy of the mission, the cities being visited, and further
information to be provided by the Ministry. Staff will provide an update at
Committee of the Whole on September
27, 2005.
A Motion to refer this matter to Committee of the
Whole was lost.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Regional Councillor J. Jones
That the report entitled “Markham’s Participation in the Premier’s Mission to China” be received and that the Economic
Development Department be authorized to work with the Premier’s office in
planning Markham’s participation in the Premier’s mission to China, tentatively scheduled for November
6 – 15, 2005;
And that, subject to a
staff update at Committee of the Whole on September 27, 2005, that costs be
approved, not
to exceed $15, 877 based on the participation
of one member from Economic Development plus one member of Council, as selected
by Council;
And that the expenditure be
funded from within the 2005 Economic Development budget, Business Development
account # 610-9985808.
CARRIED
Public Meeting – to Council
8. NEAMSBY INVESTMENTS INC. AND
READ-EASTERN CAPITAL OFFSHORE
(CANADA) INC.
2860 DENISON STREET AND 2352
MIDDLEFIELD ROAD.
ZONING BY-LAW AMENDMENT TO
PERMIT A TAKE-OUT
RESTAURANT USE (ZA 05 013454) (10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Zoning
By-law amendment (File, ZA 05 013454) submitted by Neamsby Investments Inc. and
Read-Eastern Capital Offshore (Canada) Inc. to permit a take-out restaurant use
at 2860 Denison Street and 2352 Middleton Road.
Committee was advised that 175
notices were mailed on August 31, 2005, and a Public Meeting sign was
posted on August 30, 2005. There were no written submissions
received.
Committee discussed potential
impacts to surrounding residents and mitigation measures. There were no
comments from the audience with respect to this application.
Moved by: Councillor A. Chiu
Seconded by: Councillor K.
Usman
That the record of the Public
Meeting held on September 20, 2005, with respect to “Neamsby Investments
Inc./Read-Eastern Capital Offshore (Canada) Inc., application for Zoning By-law
Amendment to permit a take-out restaurant use at 2860 Denison Street and 2352
Middleton Road (File, ZA 05 013454)”, be received;
And that the application to
amend Zoning By-law 90-81, as amended, be enacted without further notice.
CARRIED
9. TOWN-INITIATED ZONING BY-LAW AMENDMENT
WEST OF HIGHWAY 48 AND NORTH
AND SOUTH OF
EDWARD JEFFREYS AVENUE, TO
PROHIBIT LARGER-FORMAT
RETAIL STORES (ZA 05 015174) (10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed
Town-initiated Zoning By-law amendment (File, ZA 05 015174) to prohibit
larger-format retail stores west of Highway 48 and north and south of Edward
Jeffreys Avenue.
Committee was advised that 66
notices were mailed on August 31, 2005, and three Public Meeting signs
were posted on August 31, 2005. There were no written submissions
received.
Staff gave a presentation regarding
the proposal, the location, surrounding uses, and outstanding issues relating
to the proposal to reduce the permitted store size from 10,000 m2 to
6,000 m2 as part of the settlement for an appeal on portions of the
lands.
Richard Gilmour, 11 Hammersly Boulevard, owns property that backs onto the
subject property. Mr. Gilmour stated concern for the potential three storey
height of the large format stores, and he supported the proposal to restrict
the store size. Staff confirmed that building height will be determined at the
site plan stage, and will have consideration for the residential surroundings.
Staff will contact Mr. Gilmour to clarify permitted building heights.
Moved by: Councillor A. Chiu
Seconded by: Deputy Mayor F.
Scarpitti
That the deputation by Richard
Gilmour, 11 Hammersly Boulevard, in support of the Town-initiated
zoning by-law amendment application, File ZA 05 015174, be received;
And that the Development
Services Commission report dated June 21, 2005, entitled “Wismer Markham
Development Inc. (Metrus) Appeals to the Ontario Municipal Board of
applications to rezone 9442 and 9506 Highway 48 from Rural Residential to Major
Commercial Area” be received;
And that the record of the
Public Meeting held on September 20, 2005, with respect to the proposed
amendment to Zoning By-law 177-96, be received;
And further that the proposed
amendment to Zoning By-law 177-96, be enacted without further notice.
CARRIED
--------------------------------------------------------------------------------------------------------------------
Other
matters considered by Development Services Committee on September 20, 2005:
10. LITTLE
ROUGE CREEK CORRIDOR MANAGEMENT PLAN (10.3)
Staff provided an update on the Little Rouge Creek Management
Plan process for the purpose of providing the Committee an opportunity to
provide early input into the proposed uses and activities in the publicly owned
Little Rouge Creek Corridor.
A public Open House will be held by the Rouge Park
Alliance on September 22, where three proposed options will be presented:
Enhanced Ecological Option; Enhanced Cultural Heritage Option; and, Enhanced
Public Use.
Staff
suggested three additional priorities for consideration:
1. Provide
opportunities to generate revenues in addition to residential tenancies, to
help fund the delivery of the Rouge
Park
2. Create useable and enjoyable public
spaces with a variety of experiences and activities
3. Identify the expectations of the Town
(management, financial, etc.)
Committee
discussed 11 Town-generated options and provided staff with the following
directions to consider in a future report:
1. Trail network and variety of trail
users: support
- clear marking of
trails
- separate cross-country
skiing trails
- combination of paved
and non-paved trails
- horse trails should be
separate from walking trails
- regulate ATV’s and
other motorized vehicles
2. Trail heads: support
- include bicycle racks
3. Picnicking and camping: support
- add fishing
- maintenance to be
addressed
-
restricted to educational programs and similar opportunities
4. Dog leash-free area: support
- restrict to tablelands
and fringe areas
5. Community gardens: support
6. Reception and interpretive centre:
support
- restrict agricultural
demonstrations to existing agricultural areas
- management and funding
to be addressed
7. Park maintenance shop: support
- make it clear that Markham
will not assume maintenance responsibility
- may be an opportunity to incorporate eastern Markham
maintenance facility to be shared with TRCA and the Town
8. Sports park location: support
- staff requested to
investigate opportunities for sport fields outside the Little
Rouge Creek corridor, but that could be
integrated with the Rouge
Park
9. Support ecotourism in existing
structures: support
- country-side uses such
as B&B, vacation opportunities, wineries
- this is a
recommendation of the Eastern Markham Strategic Review
10. Planned infrastructure: support
- consider existing and
planned infrastructure, predominantly Provincial/Regional
- ensure that the Little
Rouge Creek corridor would not preclude GO station
locations as currently being contemplated
- consider wording similar to Oak Ridges Moraine which
allows infrastructure to be permitted subject to EA and other planning
processes
- include a description
for design appropriate for Rouge
Park
11. Management and Legal opportunities: support
- Committee requested staff report
back on the long-term options for the three
residential lease properties in the corridor
Committee also suggested that the maintenance and enhancement
of the existing residential
community in the Rouge
Park be recognized.
Moved by: Regional Councillor J. Heath
Seconded by: Councillor D. Horchik
That the staff presentation regarding
the Little Rouge Creek Corridor Management Plan be received;
And that staff report back to
Development Services Committee in the fall on the study process and issues and
opportunities and 11 issues identified in the
presentation;
And that the Rouge Park Alliance and TRCA be invited to meet with
Development Services Committee in Part A Development Services session before
releasing any draft report.
CARRIED
Moved by: Regional Councillor J. Heath
Seconded by: Deputy Mayor F. Scarpitti
That staff be directed to bring forward a report on
options and opportunities available for the three town-owned properties in the Little
Rouge Creek Corridor.
CARRIED
11. PRESENTATION OF SERVICE AWARDS (12.2.6)
The following staff were presented with service awards:
Pary Bougiouklis, Information Services Assistant,
Library – 20 years
Carolyn Greenham, System Technician, Library – 20
years
Joan Piasentin, Information Services Assistant,
Library – 20 years
Steve Buchin, Information Services Librarian, Library
– 15 years
Lois Burkholder, Information Services Assistant,
Library – 15 years
Yvonne Kawaguchi, Branch Librarian, Library – 15 years
Yasmin Khan, Information Services Assistant, Library –
15 years
Charlotte Kuchar, Circulation Clerk, Library – 15 years
Jayashree Pai, Acquisitions Assistant, Library – 15
years
Larry Pogue, Director, Public Service Quality, Library
– 15 years
Rosaline Yeung, Cataloguing Assistant, Library – 15
years
Catherine Biss, Chief Executive Officer, Library – 10
years
Stella Spiro, Cataloguing Clerk, Library – 10 years
Surina Poon, Acquisitions Clerk, Library – 5 years
Angela Tse, Information Services Librarian, Library –
5 years
12. DELEGATED
APPROVALS UNDER BY-LAW 2002-202 (DM 2001-03) (10.6)
Report
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor J. Jones
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 20, 2005.
CARRIED
13. REPORT ON
INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF AUGUST 13, 2005 TO AUGUST 31, 2005 (10.0)
Report
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor J.
Jones
That
Committee receive the report entitled “Report on Incoming Planning Applications for the
period of August 13, 2005 to August 31, 2005” and direct staff to process the
applications in accordance with the route outlined in the report.
CARRIED
14. BEHRAM & ANAHITA FAROOGH
(RADIANT WAY MONTESSORI) 9718 MCCOWAN ROAD
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPROVAL
BERCZY VILLAGE COMMUNITY (ZA
05 015902, SC 05 015903) (10.5, 10.6)
Report
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor J.
Jones
That a
Public Meeting be held to consider the zoning by-law amendment application
submitted by Behram and Anahita Faroogh to permit a Montessori pre-school at
9718 McCowan Road, located north of Bur Oak Avenue on the west side of McCowan
Road within the Berczy Village Secondary Plan Area.
CARRIED
15. ABIDIEN INC., 296 HELEN AVENUE
ZONING BY-LAW AMENDMENT AND
SUBDIVISION
APPLICATION TO PERMIT 48
RESIDENTIAL UNITS
(ZA 05 016022, SU 05 016010) (10.5,
10.7)
Report
A representative of
the Applicant was in attendance to display elevations for the proposal.
Committee requested
that a less-institutional colour of brick be used.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor A. Chiu
That the Preliminary Report on zoning by-law amendment
and subdivision applications, ZA.05-016022 and SU 05-016010, submitted by Abidien Inc. to permit 48 residential
units be received;
And that consideration of the zoning by-law amendment
and subdivision applications be referred back to staff to work with the
applicant to address outstanding school site, servicing allocation and design
issues;
And that staff be instructed to hold a Public Meeting
to consider zoning by-law amendment and subdivision applications, ZA 05-016022
and SU 05-016010 upon resolution of the outstanding issues identified in this
report.
CARRIED
NEW BUSINESS
16. ADULT VIDEO STORES (2.11)
The Ward 8 Councillor reiterated his concern from the August 30, 2005 Development Services Committee
meeting, regarding a proposed Adult Video Store. Staff will consult with the
Clerk and Solicitor to ensure the by-laws are enforced, and provide an update.
17. TONY ROMAN SQUARE (10.14)
Committee requested that staff
review if it is appropriate to name the square at Kennedy Road and Denison Street, “Tony Roman Square”.
PART C
Public Meeting
7:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
G. Day, Planner
S. Heaslip, Senior Project
Coordinator
B. Karumanchery, Senior Project
Coordinator
V. Shuttleworth, Director of
Planning and Urban Design
N. Surti, Planner
K. Bavington, Committee Clerk
|
The Development Services Committee convened at the hour of 7:35 p.m. in the Council Chamber with
Councillor G. McKelvey in the Chair.
DISCLOSURE OF INTEREST – none
declared
See items # 7 and 8.
ADJOURNMENT
The Development Services Committee meeting adjourned at the hour of 7:50 p.m.