MINUTES
DEVELOPMENT SERVICES COMMITTEE
2004-10-19
Meeting No. 18
PART B - 6:00 p.m. -
Council Chamber
Attendance
|
Councillor
A. Chiu
|
J. Baird, Commissioner of
Development Services
A. Brown, Director of Engineering
V. Shuttleworth, Director of
Planning and Urban Design
T. Lambe, Manager, Policy &
Research
D. Melton, Development Engineer
K. Bavington, Committee Clerk
|
The Development Services Committee
convened at the hour of 6:00 p.m. in the Council Chamber with Councillor G.
McKelvey in the Chair.
DISCLOSURE OF INTEREST
Councillor J. Virgilio disclosed an interest with respect to Item # 3,
the proposed Town transfer of utility easement to Rogers Cable, by nature of
his son being employed by Rogers Cable, and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
1. FINAL
ASSUMPTION, RESIDENTIAL PLANS OF SUBDIVISION (10.7)
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
Whereas, by Memorandum dated May 14, 2004, the Director of Engineering
advised that the guarantee periods for Registered Plans 65M-2682, 65M-3015,
65M-3046, 65M-2608, 65M-2091, 65M-2849, 65M-2770, 65M-2695, 65M-2371,
65R-16619, 65M-2971, 65M-2972 and 65M-2654 have expired and all securities have
been returned to the owners;
And whereas Council passed By-laws 2004-252 to 2004-263 to establish
roads within the subdivisions as part of the highways of the Town of Markham;
Now therefore be it resolved that the services in the following
subdivisions be assumed:
- H & R Properties Ltd. (Quote Industrial
Subdivision) 65M-2682
- Cedarland Properties Ltd. (Armadale West 6-1) 65M-3015
- Sixteenth Warden Ltd. (Silver Rose Crescent) 65M-3046
- Erna Moeller, in trust, Belinda Moeller
& Maple
Lane Lands & Development Co. Ltd. 65M-2608
- Denison Properties Corporation 65M-2091
- Cedarland Properties Ltd. (Armadale East 1) 65M-2849
- Rust Developments Ltd. (Armadale West 5) 65M-2770
- Toronto Airways Ltd. (Allstate Parkway Extension) 65M-2695
- Monarch Construction Limited (Bridle Trail Phase 3) 65M-2371
- Woodside Developments Inc. (Fairburn Drive) 65R-16619
- Cedarland Properties Ltd. (North Denison) 65M-2971
& 65M-2972
- Cedarland Properties Ltd. (Armadale Central Phase 3)
65M-2654
And that the Mayor and Clerk be authorized to execute the necessary
releases from the terms of the subdivision agreements.
CARRIED
2. GRAND LIFE BOULEVARD SUBDIVISION, PHASE
1
HEATHFIELD AVENUE SIDEWALK,
LOTS 79 TO 87 (5.18) Report
Staff provided background on
this matter, advising that a residents' petition had been presented to the
Transportation Committee in the spring. The petition requested that the
sidewalk in front of Lots 79 to 87 Heathfield Avenue not be installed. Staff
expressed concern for precedent, and is recommending that all future
Subdivision Agreements include a clause requiring the builder to ensure all
purchasers of property where a sidewalk is to be constructed adjacent to their lot,
provide written acknowledgement.
Sean LeClaire, 55 Heathfield
Avenue, made a deputation requesting construction of the sidewalk not proceed.
He stated that at the time of purchase, the builder had advised there would be
no sidewalk in front of his home. Mr. LeClaire advised that there are eight
other residences on the street in the same situation, and some of the owners
were in attendance.
Michael Boulgaris, 51
Heathfield Avenue, supported Mr. LeClaire's statements and staff’s proposal to
require an acknowledgement from the purchaser. Mr. Boulgaris discussed the
residents' request in relation to the Town's sidewalk location policy, and the
precedent that would be set.
Committee debated precedent
and liability issues. A motion was made to not proceed with the sidewalk in front
of Lots 79 to 87 Heathfield Avenue, and to require the developer to pay a
cash-in-lieu fee. The motion was lost.
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* Amended by Council at its meeting held October 26,
2004, to add a resolution as follows:
"That
the staff report entitled “Grand Life Boulevard Subdivision, Phase 1 -
Heathfield Avenue Sidewalk - Lots 79 to 87, dated October 19, 2004;” be
received;
And
that the deputations of Mr. Sean Leclair and Mr. Mike Voulgaris in objection to
the sidewalk being constructed adjacent to Lots 79 to 87 be received;
And
that the proposed sidewalk on Heathfield Avenue adjacent to Lots 79 to 87 not
be installed as shown on the approved engineering drawings, dated October 18,
2002, for the Grand Life Boulevard Subdivision, Phase 1;
And that all future Subdivision
Agreements for plans of subdivision in the Town of Markham include a clause
that requires the builder to obtain an acknowledgement by the purchaser if a sidewalk is to
be constructed adjacent to their lot;
And that the proposed sidewalk be
relocated and constructed within the northern limit of Block 163 to provide a
link between Heathfield Avenue and the valley pathway."
3. TOWN TRANSFER OF UTILITY EASEMENT TO
ROGERS CABLE
(WYNBERRY DEVELOPMENT, 65M-3731)
PART LOT 17, CONC. 7,
PART 1, PLAN 65R-26978 -
EXTERNAL TO PLAN 65M-3731 (8.1) Report
Councillor J. Virgilio disclosed an interest with respect to the
proposed Town transfer of utility easement to Rogers Cable, by nature of his
son being employed by Rogers Cable, and did not take part in the consideration
or discussion of or vote on the question of the approval of such matter.
Moved by: Mayor D. Cousens
Seconded by: Regional Councillor B.
O'Donnell
That a by-law be enacted
authorizing the Mayor and Clerk to execute the conveyance of a permanent
easement to Rogers Cable in a form satisfactory to the Town Solicitor over a
portion of Town owned land located on part of Lot 17, Concession 7, and
described as Part 1 Plan 65R-26978 subject to:
a) The payment of $750.00 plus applicable
taxes representing the market value of the easement;
b) The payment of $1,500.00 in total
for Engineering and Legal expenses plus disbursements.
CARRIED
4. TENDER
AWARD - CONTRACT 171-T-04
LEITCHCROFT POND RETROFIT (7.12)
Report
Moved by: Councillor A. Chiu
Seconded by: Councillor S. Daurio
That
Contract Tender No. 171-T-04 for the Leitchcroft Pond Retrofit is awarded
to the lowest priced contractor, Elirpa Construction and Materials Limited in
their proposed amount of $606,802.11 inclusive of 7%
GST and disbursements ($567,104.78 exclusive of GST and inclusive of
disbursements);
And that the Mayor and Clerk
be authorized to execute the contract with Elirpa Construction and Materials
for the construction of the Leitchcroft Pond Retrofit;
And that Engineering staff be
authorized to retain a qualified consulting firm to provide materials and
foundation testing services during construction of the project for an estimated
total cost of $26,750.00 inclusive of 7% GST ($ 25,000.00 exclusive of
GST);
And
that funds for Contract Tender No. 171-T-04 Contract Services for the
Leitchcroft Pond Retrofit be provided from the Engineering Department’s 2004
Capital Budget account # 083 5350 6111 005 Down Stream Improvement Works
Program in the amount of $779,200 ($679,200 original project funding + $100,000
Ontario Great Lakes Foundation);
And
that upon payment of all invoices, any remaining funds in the
Engineering Department’s 2001 Capital Budget account # 083 5350 6111 005 Down
Stream Improvement Works Program be returned to its original funding source;
And
that Council acknowledge the Ontario Great Lakes Foundation’s
contribution of $100,000 towards the retrofit construction of the Leitchcroft
Stormwater Management Pond;
And that a contingency of
$53,500.00 inclusive of 7% GST ($50,000.00 exclusive of GST) be established and
that the Director of Engineering be authorized to approve cost overrun up to
the contingency amount.
CARRIED
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Other
matters considered by Development Services Committee on October 19, 2004:
5. DELEGATED
APPROVALS UNDER BY-LAW 2002-202
FILE: DM 2001-03 (10.6) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
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, October
19, 2004.
CARRIED
6. REPORT ON INCOMING PLANNING
APPLICATIONS
FOR THE PERIOD OF SEPTEMBER 11, 2004 TO SEPTEMBER 23, 2004
(10.0) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That
Committee receive the report entitled “Report on Incoming Planning Applications
for the period of September 11, 2004 to September 23, 2004” and direct staff to
process the applications in accordance with the route outlined in the report.
CARRIED
7. BOX
GROVE DEVELOPMENTS INC. &
BOX GROVE NORTH INC. & BOX
GROVE CENTRE INC.
(19TM-030012) TECHNICAL ZONING BY-LAW AMENDMENT
TO PERMIT 5 SINGLE DETACHED
UNITS (ZA. 04-024981) (10.5) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That a Public Meeting be held to consider the zoning by-law amendment
application submitted by Box Grove Hill Developments Inc. & Box Grove North
Inc. & Box Grove Centre Inc. (19TM-030012) to permit a technical zoning
by-law amendment to permit 5 single detached units on lands previously zoned
for a storm water management pond and to adjust the front yard setback of two
lots to facilitate the relocation of two heritage houses (ZA.04-024981).
CARRIED
8. PROPOSED
BUSINESS CORRIDOR AREA
OFFICIAL PLAN AMENDMENT
(MI.491) (10.3) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the staff report entitled
“Proposed Business Corridor Area Official Plan Amendment” (File MI.491) dated
October 19, 2004, be received;
And that staff be authorized
to schedule a Statutory Public Meeting to consider the proposed draft Business
Corridor Area Official Plan Amendment.
CARRIED
9. TOWN
INITIATED OFFICIAL PLAN AMENDMENT
TO REDESIGNATE LANDS WITHIN
THE LEGACY COMMUNITY
FROM HIGH DENSITY HOUSING TO
MEDIUM DENSITY HOUSING.
(OP 04 017782) (10.3) Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That a Public Meeting be held to consider a Town
initiated Official Plan amendment application (OP 04 017782) to redesignate
certain lands west of 9th Line, south of Highway 407 and north of
Russell Jarvis Drive, within the Legacy Community from High Density Housing to
Medium Density Housing.
CARRIED
10. FRONT
YARD PARKING IN RESIDENTIAL AREAS
PROPOSED BY-LAW AMENDMENT
(10.5, 2.17) Report
Committee requested that staff seek a quick and easy
process that would identify the need for, and implement, on-street permit
parking. Committee also discussed concerns for exceptions, and staff was
directed to contact Committee members to determine if there is an interest in a
further work session or work shop on this matter.
Moved by: Councillor K. Usman
Seconded by: Councillor A. Chiu
That a Public Meeting be
held to consider amending the Town’s Zoning By-laws, as amended by By-law
28-97, the Town’s Parking Standards By-law, to clarify the permitted location
of motor vehicles parking on residential lots;
And that staff contact Committee
members to determine if there is an interest in a further work session or work
shop on this matter.
CARRIED
11. OLIVE BRANCH COMMUNITY CHURCH, 175
ANDERSON AVENUE
ZONING APPLICATION TO PERMIT A
PLACE OF WORSHIP
(ZA 04-026537)(10.5)
Moved by: Councillor A. Chiu
Seconded by: Mayor D. Cousens
That a Public Meeting be held to
consider zoning amendment application ZA 04-26537 submitted by the Olive Branch
Community Church to permit a place of worship at 175 Anderson Avenue.
CARRIED
PART C
Public Meeting
7:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
J. Baird, Commissioner of
Development Services
V. Shuttleworth, Director of
Planning and Urban Design
R. Blake, Senior Project Coordinator
B. Karumanchery, Senior Project
Coordinator
T. Kanji, Senior Planner
K. Bavington, Committee Clerk
|
The Development Services Committee
convened at the hour of 7:00 p.m. in the Council Chamber with Councillor G.
McKelvey in the Chair.
12. ARAYA
INVESTMENT CORP., THE GALLERIA SHOPS
111 TIMES AVENUE, OFFICIAL
PLAN AND ZONING BY-LAW
AMENDMENTS AND SITE PLAN
APPROVAL APPLICATIONS
(OP 00 246207; ZA 00 246212;
SC 00 246216) (10.3, 10.5, 10.6)
The Chair
advised that the subject of the Public Meeting this date was to consider the
proposed Official Plan and Zoning By-law Amendments and Site Plan Approval
applications, Files OP 00 246207, ZA 00 46212, SC 00 246216, submitted by Araya
Investment Corp. for the Galleria Shops at 111 Times Avenue.
Committee was
advised that 413 notices were mailed on September 29, 2004, and a Public
Meeting sign was posted on September 27, 2004. There was one written submission
received from Angela Lee-Pack, 130 Pond Drive, requesting information.
Staff
gave a presentation regarding the proposal, the location, surrounding uses, and
proposed uses of the subject property. High-density use has been encouraged,
however the application does not currently include an office component. The
application does conform to parking requirements.
In
response to questions from the Committee, staff advised that the proposed
restaurant would be sit-down style, and that restrictions could be placed in
the zoning by-law to ensure that form.
Committee
expressed concern for the increase in non-English signage. Staff advised the
applicant could be requested to provide an undertaking that the signs will be
50 % English.
Joanne
Barnett, representing the applicant, Araya Investments Corp, responded to
comments and advised that the applicant can commit to using English language
signs, and that the parking provided is consistent with requirements.
Angela
Lee-Pack, 130 Pond Drive, Unit 612, stated that some of her concerns have been
addressed, and listed a number of comments/requests:
- Landscaping adjacent to the
condominium building should be sufficient to mitigate noise and nuisance
impacts, particularly if there is a coffee shop style tenant
- What is the garbage bin
location and is it enclosed
- Hours of operation should be
restricted in consideration of adjacent residential uses
- Ensure privacy buffering for
parking areas facing the condo building
- Review the security system,
noise mitigation measures, illumination facing the condos, and the location of
the loading docks
-
If the building is 10 storeys high, it will block the view from the condo
- A
Traffic Study should be required for the access, and for the entrance located
close to the
condo
-
What are the proposed tenants, if known.
Staff
responded that most of the issues are of a site plan nature. Staff can meet
with the residents and the applicant's agent to discuss resolution through the
site plan. Hours of operation cannot be controlled by the Town. Current zoning
allows for 10 storey height, similar to adjacent development. All matters will
be included in a follow-up staff report.
Committee directed staff to meet with Ms. Lee-Pack and the applicant's
agent to work on resolutions to the concerns discussed.
Moved
by: Regional Councillor B. O'Donnell
Seconded
by: Councillor A. Chiu
That the
written submission from Angela Lee-Pack, 130 Pond Drive, requesting information
regarding the applications, Files OP 00 246207, ZA 00 46212, SC 00 246216,
submitted by Araya Investment Corp. for the Galleria Shops at 111 Times Avenue,
be received;
And that the
deputations by Angela Lee-Pack of 130 Pond Drive, with concerns, and by Joanne
Barnett, representing the applicant for Files OP 00 246207, ZA 00 46212, SC 00
246216, submitted by Araya Investment Corp. for the Galleria Shops at 111 Times
Avenue, be received;
And that the Development Services
Commission information report dated September 21, 2004 entitled
"Preliminary Report - Araya Investments Corp - The Galleria Shops, 111
Times Avenue, Applications for Official Plan and Zoning By-law Amendments (OP
00 246207, ZA 00 46212)" be received;
And that the Record of the Public
Meeting held on October 19, 2004. with respect to the application by Araya
Investments Corp. for Secondary Plan and Zoning By-law
Amendments, be received;
And further that the applications be referred back to staff for a
report evaluating the proposal.
CARRIED
13. MILLER
PAVING LIMITED, 7781 WOODBINE AVENUE
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO PERMIT COMMERCIAL USES (OP.04-017217,
ZA.04-017225) (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
017217, ZA 04 017225, submitted by Miller Paving Limited for 7781 Woodbine
Avenue.
Committee was
advised that 61 notices were mailed on September 29, 2004, and a Public Meeting
sign was posted on September 21, 2004. There was one written submission
received from Steven Zakem of Aird and Berlis, representing Loblaws, stating
concerns.
Staff
gave a presentation regarding the proposal, the location, surrounding uses, and
proposed uses of the subject property.
Jim
Kirk of Malone Given Parsons, and several other representatives of Miller
Paving, discussed the Commercial Policy Review and stated that they consider
the proposed use to be appropriate.
Mike
Hudson, MBTW Group, displayed preliminary drawings and highlighted the key
goals of the proposal. Mr. Kirk and Mr. Hudson responded to Committee's questions,
advising that: the off-site gateway will have to be negotiated with the
landowner; due to its location by the 400-series highway, the site will be a
Regional draw as well as provide local service; the Traffic Study has been
recently submitted; the applicant has participated in the ongoing Commercial
Policy Review project; Markham is under-represented in the retail job market,
therefore the nature of the jobs created would be beneficial.
Committee
members commented on the welcome enhancement to the street. Committee reviewed
correspondence received from Aird & Berlis, and directed staff to contact
the writer to clarify issues.
There
were no comments from the public with respect to this application.
Moved
by: Regional Councillor B. O'Donnell
Seconded
by: Councillor A. Chiu
That the
written submission received from Steven Zakem of Aird and Berlis, representing
Loblaws, stating concerns regarding the applications, Files OP 04 017217, ZA 04
017225, submitted by Miller Paving Limited for 7781 Woodbine Avenue, be
received;
And that the
deputations by Jim Kirk of Malone Given Parsons, and several other
representatives of the applicant, regarding the applications, Files OP 04
017217, ZA 04 017225, submitted by Miller Paving Limited for 7781 Woodbine
Avenue, be received;
And that the Development Services
Commission information report dated August 30, 2004 entitled "Miller
Paving Limited, 7781 Woodbine Avenue, Official Plan amendment and zoning by-law
amendment applications to permit commercial uses at the northeast corner of
Woodbine Avenue and 14th Avenue (Files OP 04 017217, ZA 04
017225)" be received;
And that the Record of the Public
Meeting held on October 19, 2004. with respect to the proposed amendments to
the Town's Official Plan (Revised 1987) and By-law 2284-68 be received;
And further that the applications by Miller Paving Limited to amend the
Town's Official Plan and Zoning By-law 2284-68 be referred back to staff for a
report and recommendation following Council's approval of the Highway 407/Rodick
Road Secondary Plan.
CARRIED
ADJOURNMENT
The Development Services Committee
meeting adjourned at the hour of 8:00 p.m.