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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2004-12-07

Meeting No. 1

 

 

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

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

 

Attendance

Chair:  Councillor G. McKelvey

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

            Councillor J. Virgilio (1:40)

            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

A. Mukherjee, Manager, Transportation Engineering

T. Lambe, Manager, Policy and Research

R. Kendall, Senior Project Coordinator

R. Blake, Senior Project Coordinator

B. Karumanchery, Senior Project Coordinator

L. Duoba, Project Coordinator

E. Valente, Supervisor, Zoning

D. Miller, Senior Planner

M. Seaman, Senior Planner

N. Surti, Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 11:10 a.m. in the Canada Room with Councillor G. McKelvey in the Chair. 

 

 

Deputy Mayor F. Scarpitti disclosed an interest with respect to Item # 13, the proposed development by 973125 Ontario Ltd. and Constantinos Pallas, by nature of living nearby, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

 

 

 

 

1.         MARKHAM STOUFFVILLE HOSPITAL
            TEMPORARY BUS LOOP (5.14)

 

Don Gordon, General Manager, and Irene McNeil of York Region Transit (YRT) were in attendance to address Committee regarding the location of a proposed temporary bus loop close to Markham Stouffville Hospital, as requested by the Transportation Committee.

 

Mr. Gordon reviewed the discussions and consultation that have taken place to date, and the key messages received at the Public Meeting:

-         there is general public support for public transit

-         road infrastructure must be completed before the transit service

-         Quickstart should be deferred until Bur Oak extension is completed and a permanent transit terminal is available.

 

If the Town concurs with the interim approach, Mr. Gordon will advise the Region accordingly.

 

Committee asked for confirmation of the ownership of the lands for the proposed terminal. Committee made comments regarding the pedestrian integration with the hospital, and the anticipated construction congestion on Bur Oak. Discussions included the timing of the Bur Oak construction and the need for alternate interim options if completion is delayed.

 

Moved by: Councillor J. Webster

Seconded by: Councillor K. Usman

 

That the deputation by Don Gordon, General Manager, and Irene McNeil of York Region Transit (YRT) regarding the proposed temporary bus loop close to Markham Stouffville Hospital be received;

 

And that the Town of Markham support the interim proposal by York Region Transit to continue the current on-street/hospital site bus looping arrangement until the Bur Oak extension to Highway 7 is completed;

 

And that the Town of Markham support the termination of the Quickstart service at Markville Mall until the Bur Oak extension to Highway 7 is completed;

 

And that York Region Transit be requested to improve service between Markville Mall and the Markham – Stouffville Hospital, to ensure good coordination with the Quickstart service terminating at Markville Mall;

 

And that staff provide a progress report to Development Services Committee in March, 2005.

 

CARRIED

 

 

 

2.         SPLENDID CHINA SQUARE TRAFFIC ISSUES (5.10)

 

Staff gave a presentation regarding traffic issues for the Splendid China Square proposal, providing an overview of existing and proposed commercial developments in the area, and short and long-term planned improvements.

 

Discussions included strategic solutions and options relating to roads, parking, transit, and development approval issues. Staff is recommending that Splendid China be required to complete planning approvals, including site plan review, traffic impact study and parking study, and that the applications and studies be circulated to Markham for comments.

 

Committee agreed that political-level pressure is required to achieve improvements to Steeles Avenue. Staff was requested to ensure cumulative impacts are included in reviews of the area.

 

Frederick Woo, 127 Pond Drive, made comments regarding the different impacts of a single-use as opposed to multiple-use commercial development, with respect to the number of employees and related parking/traffic issues.

 

Mary Flynn-Guglietti of McMillan Binch, representing York Region Condominium Corporation No. 890, owner of Pacific Mall, provided documents indicating that 282 units are proposed by Splendid China, and expressed concern for the parking and traffic impacts. Ms. Flynn-Guglietti stated that the City of Toronto has advised that a site plan will be required for Phase 1B, but not for Phase 1A, and she requested that Interim Control be imposed for the area by both Markham and Toronto. Ms. Flynn-Guglietti suggested a meeting be held with Toronto and Markham Council and staff.

 

The applicant was in attendance and had no comments.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor E. Shapero

 

That the staff presentation regarding traffic issues for the Splendid China Square proposal be received;

 

And that the deputations by Frederick Woo, and Mary Flynn-Guglietti of McMillan Binch, representing York Region Condominium Corporation No. 890, owner of Pacific Mall, with concerns for the Splendid China proposal, be received;

 

And that the City of Toronto be requested to finalize funding and accelerate timing of Steeles Avenue improvements including the grade separation;

 

And that the City of Toronto be requested to require that Phase IA and Phase IB of the Splendid China proposal be subject to site plan approval;

 

And that the City of Toronto be requested to circulate site plan and traffic and parking studies for the Splendid China proposal to the Town of Markham for comment;

 

* And that the City of Toronto be requested to add the extension of  Redlea Boulevard to Passmore Avenue as a condition of approval for Phase I of the Splendid China development;

 

And that the City of Toronto be requested to add the requirement for Splendid China to have a shared parking agreement in place with the Go Transit Station for overflow parking as a condition of approval for Phase II;

 

And that York Region Transit and the Toronto Transit Commission be requested to review transit service to the Kennedy Road and Steeles Avenue area, including increasing services and transit stop locations;

 

And that Pacific Mall be requested to consider bus shuttle service to GO Transit Stations. 

 

*          Amended by Council at its meeting on December 14, 2004, to replace the last four

clauses as follows:

 

“And that the City of Toronto be requested to consider the extension of Redlea Boulevard to Passmore Avenue in any traffic studies undertaken by the City;

 

And that the applicant be requested to address the need for Splendid China to have a shared parking agreement in place with the GO Transit Station for overflow parking as part of any traffic study undertaken;

 

And that York Region Transit and the Toronto Transit Commission be requested to review transit service to the Kennedy Road and Steeles Avenue area, including increasing services and transit stop locations;

 

And that Pacific Mall, Market Village and Canada Trust be requested to consider bus shuttle service to the Unionville GO Transit Station to accommodate overflow parking on Saturdays, Sundays and public holidays.”

CARRIED

 

 

Moved by: Councillor J. Webster

Seconded by: Councillor K. Usman

 

Whereas the Town of Markham recognizes the need to accelerate the widening of Steeles Avenue east of Markham Road, that a meeting be arranged with appropriate political participants from Markham, the Region of York, and the City of Toronto;

 

* And that the Working Committee be reinstated to work on road issues in the Steeles Avenue area, with membership revised to include Deputy Mayor F. Scarpitti, Regional Councillors J. Heath and J. Jones, and Councillors J. Webster and K. Usman.

 

 

 

*          Amended by Council at its meeting on December 14, 2004, for the last clause to read as follows:

“And that the Working Committee be reinstated to work on road issues in the Steeles Avenue area, with membership revised to include Deputy Mayor F. Scarpitti, Regional Councillors J. Heath, J. Jones and B. O’Donnell and Councillors J. Webster and K. Usman.”

CARRIED

 

 

3.         BUR OAK AVENUE AND STONEBRIDGE DRIVE
            ADULT SCHOOL CROSSING GUARD SERVICE (3.16)  report  attch 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That the staff report entitled “Bur Oak Avenue and Stonebridge Drive – Adult School Crossing Guard Service,” be approved;

 

And that the Engineering Department be authorized to establish an adult school crossing guard service at the intersection of Bur Oak Avenue and Stonebridge Drive at a cost of $5,880.00 per year, exclusive of GST starting in January, 2005;

 

And that the Operations and Asset Management Department be directed to install school crossing signs and crosswalk pavement markings at the intersection of Bur Oak Avenue and Stonebridge Drive.

CARRIED

 

4.         BUR OAK AVENUE AND MINGAY AVENUE
            ADULT SCHOOL CROSSING GUARD SERVICE
            (3.16) report  attch

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That the staff report entitled “Bur Oak Avenue and Mingay Avenue – Adult School Crossing Guard Service,” be approved;

 

And that the Engineering Department be authorized to establish an adult school crossing guard service at the intersection of Bur Oak Avenue and Mingay Avenue at a cost of $5,880.00 per year, exclusive of GST starting n January, 2005;

 

And that the Operations and Asset Management Department be directed to install school crossing signs and crosswalk pavement markings at the intersection of Bur Oak Avenue and Mingay Avenue.

CARRIED

 

 

5.         FAIRMOUNT BOOKS INC., 100 DUFFIELD DRIVE
            DEEMING BYLAW (SC 04 025667) (10.6) report 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That Council enact a by-law to deem Lots 11 and 12, Registered Plan 65M-2813 not to be part of a registered plan of subdivision, and that staff take appropriate action as required under Section 50 of the Planning Act.

CARRIED

 

 

6.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT,
4160 19TH AVENUE
            "THE ALMIRA FLOUR AND WOOLLEN MILL"
            OWNER:
4160 19TH AVENUE INC. (16.11.3)  report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That Heritage Markham’s recommendation to designate the Almira Flour and Woollen Mill at 4160 19th Avenue under Part IV of the Ontario Heritage Act be approved;

 

And That the Clerks Department be authorized to:

·        publish and serve Council’s Notice of Intention to Designate as per the requirements of the Act; and,

·        prepare the Designation By-law for this property.

CARRIED

 

 

7.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 9404 HIGHWAY 48
            “THE MENNO RAYMER HOUSE”
            OWNER: SUSAN M. WADDINGTON (16.11.3) report 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That pursuant to the Conservation Review Board recommendation dated September 22, 2004, Council pass the a by-law designating the Menno Raymer House at 9404 Highway 48 under Part IV of the Ontario Heritage Act.

CARRIED

 

 

 

 

8.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, THREE (3) HISTORIC PROPERTIES
            OWNED BY THE TOWN OF MARKHAM:
            - ST. JOHN’S LUTHERAN CEMETERY, BUTTONVILLE
            - BOX GROVE SCHOOL HOUSE, 7651 9TH LINE
            - BUTTONVILLE WOMEN’S INSTITUTE COMMUNITY HALL
            8931 WOODBINE AVENUE  (16.11.3) report   

 

Moved by: Regional Councillor J. Heath

Seconded by: Mayor D. Cousens

 

That Heritage Markham’s recommendation to designate the following Town owned properties under Part IV of the Ontario Heritage Act be approved:

-     St. John’s Lutheran Cemetery, Buttonville

-     Box Grove School House, 7651 9th Line (Box Grove Community Centre)

-     Buttonville Women’s Institute Community Hall, 8931 Woodbine Avenue;

 

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 properties.

CARRIED

 

 

9.         BY-LAW 177-96 - HOUSEKEEPING AND ZONING BY-LAW
            AMENDMENT (ZA 04-013653) (10.5) report 

 

Moved by: Regional Councillor J. Heath

Seconded by: Councillor E. Shapero

 

That the report entitled “Recommendation Report, By-law 177-96 - Housekeeping and Zoning By-law Amendment, the New Urban Area By-law” be received (File number ZA 04-013653);

 

* And that the by-law be enacted, with the exception of the section regarding driveway widths, which is to be deferred for further discussion on front yard parking issues;

 

And that staff clarify what special Policy Area provisions have been added to the By-law.

 

*          Amended by Council at its meeting on December 14, 2004, to replace two clauses as follows:

 

“And that enactment of the amendment to By-law 177-96 be deferred;

 

And that the amendment to By-law 177-96 be brought forward for consideration in the New Year, after further review of development industry submissions.”

CARRIED

 

10.       NORVALLEY HOMES LTD.
           
355-357 MAIN STREET MARKHAM NORTH
           
REZONING APPLICATION FOR SINGLE AND SEMI-DETACHED
            DWELLINGS (ZA 04 010190) (10.5, 10.6) report 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the Zoning By-law Amendment application by Norvalley Homes Ltd, to permit the construction of one semi-detached building, two single detached dwellings and restoration of the existing single detached heritage dwelling at 355-357 Main Street Markham North, be approved and an amending by-law be enacted.

CARRIED

 

11.       SUBMISSION TO THE PROVINCE REGARDING
            FINANCIAL TOOLS TO IMPLEMENT MARKHAM CENTRE
            (10.8, 13.2, 7.0) report 

 

The Committee and Commissioner of Development Services expressed appreciation to David Clark, Town Architect, for his work on this matter.

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor J. Virgilio

 

That the staff report entitled “Submission to the Province regarding Financial Tools to Implement Markham Centre” dated December 7th, 2004, be received;

 

And that Council endorse and request that the Province take necessary action to provide the five financial tools summarized in this report and set out in Appendix “A” attached, namely:

 

1.      Introduce Tax Increment Financing (TIF) legislation in support of Markham Centre and

         permanently remove tax capping within TIF zones;

 

 2.       Invest in The Region of York’s Rapid Transit Strategy and Plan;

 

3.      Amend the Development Charges Act to support future urban growth and intensification;

 

4.      Empower “Downtown Development Corporations” to act as a flexible business model to

         promote the provincial growth plan for the Greater Golden Horseshoe; and

 

5.      Use provincial land and facilities strategically to promote and support the provincial

         growth plan for the Greater Golden Horseshoe;

 

And that the Clerk be requested to forward a copy of this report to the Minister of  Public Infrastructure Renewal, the Minister of Municipal Affairs and Housing, the Minister of Finance, the Minister of Transportation, the York Rapid Transit Plan, York Region MPPs, the Region of York, and the Assistant Deputy Minister for the Ontario Growth Secretariat.

CARRIED

12.       MARKHAM CENTRE STREETSCAPE (10.8)  report 

 

Staff was directed to report back to the Committee on opportunities to incorporate Public Art.

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor E. Shapero

 

That the report entitled “Markham Centre Streetscape Standards” dated December 7, 2004 be received;

 

And that Council endorse the enhanced streetscape standards for the hierarchy of public streets in Markham Centre;

 

And that staff be directed to report back in 2005 on offsetting operations, maintenance and capital replacement costs in the context of Markham Centre’s higher densities and higher property value assessments, as part of the Financial Strategy Study and Implementation Plan for Markham Centre.

CARRIED

 

 

13.       973125 ONTARIO LTD. AND CONSTANTINOS PALLAS
            9250 WARDEN AVENUE, DRAFT PLAN OF SUBDIVISION AND
            ZONING BY-LAW AMENDMENT (SU 04 016284, ZA 04 016314) 
            (10.5, 10.7) report

 

Deputy Mayor F. Scarpitti disclosed an interest with respect to the proposed development by 973125 Ontario Ltd. and Constantinos Pallas, by nature of living nearby, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the report dated December 7, 2004, entitled “Recommendation Report, 973125 Ontario Ltd. and Constantinos Pallas” be received;

 

And that notwithstanding the Council moratorium on residential draft plan and site plan approvals, the Draft Plan of Subdivision (SU 04 016284) and Zoning By-law Amendment (ZA 04 016314) applications be approved and that water and sewer allocation be granted in accordance with York Region commitments, as outlined in a letter to the Town, dated October, 19, 2004;

 

And that the draft plan of subdivision prepared by Humphries Planning Group Inc., identified as File Number 0422, dated May 12, 2004 as revised, and attached as Figure 3, be approved, subject to the conditions of Draft Plan Approval, the execution of a comprehensive subdivision agreement and revisions to the draft plan including:

 

  • changes required to reflect York Region’s right-of-way requirements, including appropriate corner roundings and day-light triangles
  • relocation of the termination of the cul-de-sac to the west, to allow for landscaping and a pedestrian connection at the end of the street, and elimination of the ditch/change in grade between the end of the cul-de-sac and Warden Avenue to the satisfaction of the Commissioner of Development Services

 

  • final design of the cul-de-sac and turning metre radius, in accordance with Town standards and including sidewalk locations, to the satisfaction of the Commissioner of Development Services

 

And that Council endorse the parameters for the drafting of a zoning by-law, including Hold (H) provisions, as discussed in the report, including tree preservation and noise attenuation, and that staff be directed to bring forward the implementing by-law at the first available opportunity.

 

CARRIED

 

14.       GROUND SIGN VARIANCE (04 026572)
            NIVLOG INVESTMENTS,
7333 WOODBINE AVENUE (2.16.2)  report

 

Staff gave an explanation of the proposal and the rational behind the recommendation to deny the application for a sign variance.

 

Gary S. Kay, representing the applicant, Nivlog Investments, made a deputation and suggested the proposed clock be considered an enhancement feature.

 

Committee discussed the importance of protecting the sign by-law and the definition of a “feature”.

 

Moved by: Councillor S. Daurio

Seconded by: Regional Councillor J. Jones

 

That the ground sign variance application by Nivlog Investments at 7333 Woodbine Ave, application # 04-026572, be approved to accommodate an analogue clock as proposed, which does not advertise specific products of services, with no special lighting, and with numbers and symbols restricted to those used for an analogue clock only.

CARRIED

 

Public Meeting – to Council

 

15.       KINDWIN MARKHAM LIMITED, BERCZY COMMUNITY
            NORTHWEST CORNER OF WILLIAM BERCZY BLVD AND
            OLIVIA DR., ZONING BY-LAW AMENDMENT TO PERMIT
            42 STREET TOWNHOUSE UNITS (ZA.04-025605 & SC.04-025606) (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 application, File ZA 04 025605, submitted by Kindwin Markham Limited, to permit 42 street townhouse units at the northwest corner of William Berczy Boulevard and Olivia Drive.

Committee was advised that 118 notices were mailed on November 17, 2004, and a Public Meeting sign was posted on November 12, 2004. There were no written submissions received.

 

There were no comments from the public with respect to this application, and the Committee had no concerns.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That the report from the Development Services Commission dated November 9, 2004, entitled “Kindwin Markham Limited, Application fro Zoning By-law Amendment and Site Plan Approval to permit the construction of 42 Street Townhouse Units, Northwest corner of William Berczy Boulevard and Olivia Drive (ZA 04 025605)” be received;

 

And that the Record of the Public Meeting held on December 7, 2004, with respect to the proposed amendments to By-law 177-96 be received;

 

And that the applications by Kindwin Markham Limited to amend by-law 177-96, as amended, be approved;

 

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

CARRIED

 

 

16.       WOODBINE MONTESSORI SCHOOL, 9921 WOODBINE AVE.
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            AND SITE PLAN APPROVAL TO PERMIT THE CONVERSION
            OF A SINGLE DETACHED RESIDENTIAL DWELLING TO A
            PRIVATE SCHOOL (OP.04-025537 & ZA.04-025549)
(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 Amendment applications, Files OP 04 025537, ZA 04 025549, submitted by Woodbine Montessori School, to permit the conversion of a single detached residential dwelling to a private school at 9921 Woodbine Avenue.

Committee was advised that 53 notices were mailed on November 17, 2004, and a Public Meeting sign was posted on November 11, 2004. Committee received written submissions from:

1.         Antonia Pantazis, 9941 Woodbine Avenue, in support

2.         Mary and Peter Spanogiannis, 16 Allen Manor Court, in support

3.         Ben Quan, QX4 Investments Ltd., 17 Baur Crescent, with comments

 

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

 

Committee noted that the applicant has made a number of concessions to the neighbours, and directed staff to ensure they are followed through.

 

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

 

Following the decision of the Committee, Mary Spanogiannis of 16 Allen Manor Court, made a deputation. Ms. Spanogiannis advised that the Notice for this meeting incorrectly described the location of the property, but it was identified correctly on the map. Her concerns involved the continued changes to the use and size of the building. Committee noted that correspondence from the applicant indicates a site meeting with Mr. Spanogiannis had taken place, and the applicant has agreed to address their concerns. Staff was directed to meet with Mr. and Mrs. Spanogiannis and provide an update at Council.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor A. Chiu

 

That the written submission from Antonia Pantazis, and Mary and Peter Spanogiannis, in support, and from Ben Quan of QX4 Investments Ltd., with comments regarding the proposal by Woodine Montessori School for 9921 Woodbine Avenue, be received;

 

And that the deputation by Mary Spanogiannis, 16 Allen Manor, with concerns regarding the proposal by Woodbine Montessori School, be received;

 

And that the report from the Development Services Commission dated November 9, 2004, entitled “Woodbine Montessori School, Applications for Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to Permit the Conversion of a Single Detached Residential Dwelling to a Private School, 9921 Woodbine Avenue, East Side of Woodbine Avenue, South of Major Mackenzie Drive”, be received;

 

And that the Record of the Public Meeting held on December 7, 2004, with respect to the proposed amendments to the Official Plan and to By-law 304-87, as amended, be received;

 

And that the applications by Woodbine Montessori School to amend the Official Plan and By-law 304-87, as amended, be approved;

 

And that the proposed Official Plan Amendment and amendment to By-law 304-87, as amended, be enacted without further notice.

CARRIED

 

 

17.       TOWN INITIATED OFFICIAL PLAN AMENDMENT
            TO REDESIGNATE LANDS WITHIN THE LEGACY COMMUNITY
            FROM HIGH DENSITY HOUSING TO MEDIUM DENSITY
            (OP 04 017782) (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 OP 04 017782, to redesignate lands within the Legacy Community from high density housing to medium density.

 

Committee was advised that 179 notices were mailed on November 17, 2004, and two Public Meeting signs were posted on November 15, 2004. Committee received written submissions from:

1.            Mei-Mei Kwan and Sum Yeung, 93 Red Ash Drive, in support

2.            Judy and Dennis Yeun, 91 Red Ash Drive, in support

3.            Oi Yin Kong and Stephen Yun Ming Nip, 95 Red Ash Drive, in support

 

Staff gave a presentation regarding the proposal, resulting from the concerns of the community to avoid high-density development and to ensure development is more compatible with existing surrounding uses. It was noted that it is difficult for the Town limit development to single detached dwellings.

 

Arturo De Marchi, 4 Juneberry Crescent, stated that when he bought his home, he had been advised the community would be single detached units, and he requested it remain that way.

 

Don Hutchinson, President of Legacy Ratepayers Association, referred to a petition in opposition to the proposal with 1,000 signatures, that had been sent to the Province, and he advised that the Province has agreed not to oppose the redesignation being proposed to reduce the density. Mr. Hutchinson requested that development be limited to single detached dwellings. He suggested two changes to the draft amendment:

- Page 7, Paragraph 2: change “predominately” single –detached to “all” single-detached

- Page 7, Paragraph 3: delete the reference to future development being more compatible with existing development, and substitute that future development be single detached dwellings.

 

Staff explained that the Ministry of Transportation lands have been identified as a possible future transit facility, and that residential development would only occur if it was not required for transit purposes. The current zoning is medium and high density, which allows single dwellings and apartment buildings. This proposal will eliminate high density apartment use on the two specific blocks of land.

 

Staff advised that the amendments to the proposal can be prepared, however the restriction of housing form would require further review. It was suggested that single detached dwelling may be specified for a buffer distance from the existing dwellings, and that high-rise structures may be useful in providing a noise buffer to the traffic on Highway 407.

 

Moved by: Councillor J. Webster

Seconded by: Regional Councillor B. O’Donnell

 

That the written submissions from Mei-Mei Kwan and Sum Yeung, Judy and Dennis Yeun, and Oi Yin Kong and Stephen Yun Ming Nip, in support of the Town-initiated Official Plan amendment, Legacy Community, be received;

 

And that the deputations by Arturo De Marchi, and Don Hutchinson, President of Legacy Ratepayers Association, in support of the Town-initiated Official Plan amendment, Legacy Community, be received;

 

And that the Record of the Public Meeting held on December 7, 2004, with respect to “Town-initiated Official Plan amendment to redesignate lands within the Legacy Community from High Density Housing to Medium Density Housing”, be received;

 

And that the Town-initiated Official Plan amendment for Legacy Community be approved;

 

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

 

And that staff look at further reducing the density in remaining lands owned by the Ministry of Transportation, as part of a comprehensive report on all of the MTO lands.

 

CARRIED

 

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Other matters considered by Development Services Committee on December 7, 2004:

 

 

18.       SMALL STREAMS STUDY  (10.8)      

 

Staff gave a presentation regarding the Small Streams Study, as a follow-up to the presentation by Mark Schollen of Schollen & Company Inc., consultants, in June, 2004. Staff discussed the study process and public consultation. A draft copy of the guidelines was provided.

 

Committee directed that a presentation be given to the Rouge Park Alliance and other interested groups, following circulation of the draft study, and that a comprehensive presentation on the interlocking environmental initiatives be presented to Development Services Committee in early 2005. Staff was also directed to circulate the document to the Ministry of Environment and the Ministry of Municipal Affairs and Housing for comments.

 

Moved by: Regional Councillor J. Heath

Seconded by: Councillor E. Shapero

 

That the presentation to Development Services Committee on the Small Streams Study be received;

 

And that the Small Streams Study be circulated to stakeholders, agencies, the Ministry of Environment and the Ministry of Municipal Affairs and Housing and other interested parties;

And that a public information meeting be held in January, 2005 with notification provided by direct mail and newspaper notice;

 

And further that staff prepare a final report and recommendation following the Public Information Meeting for consideration by Development Services Committee.

CARRIED

 

 

19.       PRESENTATION OF SERVICE AWARDS (12.2.6)

 

The following staff were presented with service awards:

 

Renata Keranovic, Senior Draftsperson, Planning and Urban Design – 25 years

Kenneth Ferguson, Grader Operator, Operations and Asset Management – 20 years

David Miller, Senior Planner, Planning and Urban Design – 15 years

Donald Cousens, Mayor – 10 years

Judy Kee, Committee Clerk, Clerk’s Department – 10 years

George McKelvey, Councillor – 10 years

Barbara Nanninga, Executive Assistant to the Mayor – 10 years

William O’Donnell, Regional Councillor – 10 years

Vincent Lai, Applications Support Specialist, Information Technology Services – 5 years

 

 

 

20.       MARKHAM CENTRE STEERING COMMITTEE MINUTES (16.0)
- November 23, 2004  minutes 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That the minutes of the Markham Centre Steering Committee meeting held November 23, 2004, be received for information.

CARRIED

 

 

21.       HERITAGE MARKHAM COMMITTEE MINUTES (16.11)
- November 10, 2004  minutes 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That the minutes of the Heritage Markham Committee meeting held November 10, 2004, be received for information.

CARRIED

 

 

22.       MARKHAM MAIN STREET COMMITTEE MINUTES (16.39)
            - November 17, 2004  minutes 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That the minutes of the Markham Main Street Committee meeting held November 17, 2004, be received for information.

CARRIED

23.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF
OCTOBER 30, 2004 TO NOVEMBER 12, 2004
(10.0)  report 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of October 30, 2004 to November 12, 2004” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

 

 

24.       TRI-BLOCK GROUP LTD., CORNELL COMMUNITY
            142 WHITE’S HILL ROAD AND PARTS 6 AND 7 65R-21662
            ZONING BY-LAW AMENDMENT AND SUBDIVISION APPLICATIONS
            TO PERMIT A DRAFT PLAN OF SUBDIVISION CONTAINING
            6 RESIDENTIAL UNITS (19TM-04005) (SU.04-015260, ZA.04-015352)
            (10.5, 10.7)  report 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That a Public Meeting be held to consider zoning by-law amendment application (ZA.04-015352) and subdivision application (SU.04-015260), submitted by Tri-Block Group Ltd., to permit 6 townhouse units (19TM-04005) at 142 White’s Hill Avenue, within the Cornell Community.

CARRIED

 

 

25.       TOWN INITIATED ZONING BY-LAW TO RESTRICT ISSUANCE
            OF RESIDENTIAL BUILDING PERMIT UNTIL MUNICIPAL
            SERVICES AND ADEQUATE CAPACITY IS AVAILABLE (10.5, 5.0) report 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the Report entitled “Town initiated Zoning By-law to Restrict Issuance of Residential Building Permit until Municipal Services and Adequate Capacity is Available” be received;

 

And That a Public Meeting be held to seek community input on the proposed Zoning By-law.  

 

CARRIED

 

 

 

26.       RUSKINVALE DEVELOPMENTS LIMITED
            337 JOHN ST. THORNHILL, TEMPORARY USE ZONING BY-LAW
            AMENDMENT TO PERMIT THE OPEN STORAGE OF VEHICLES   
            (ZA 04 019248) (10.5)   report

 

Staff was directed to contact GO Transit with respect to the future use of the site.

 

Moved by: Councillor E. Shapero

Seconded by: Deputy Mayor F. Scarpitti

 

That a Public Meeting be held to consider the applications submitted by Ruskinvale Developments Limited for a Temporary Use Zoning By-law Amendment (File ZA 04 019248) at 337 John Street Thornhill, once the concerns noted in this report have been addressed to the satisfaction of the Commissioner of Development Services.

CARRIED

 

 

27.       NORVALLEY HOMES LTD.
            355-357 MAIN STREET MARKHAM NORTH
           
SITE PLAN APPROVAL FOR SINGLE AND SEMI-DETACHED
            DWELLINGS (SC 04 026861) (10.6)   report 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the application for Site Plan Approval to permit one semi-detached building (two dwelling units), two single detached dwellings and an addition to the existing single detached heritage dwelling be approved subject to the following conditions:

 

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

 

2.      That prior to execution of the site plan agreement, 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, including the submission of a Restoration Plan detailing the alterations and conservation work to the heritage building to the satisfaction of the Manager of Heritage Planning;

 

3.      That the site plan agreement include provisions for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations;

 

4.      That the Owner be required to extend the existing sanitary sewer and storm sewer west on Deer Park Lane at his expense to service the property;

 

5.      That the Owner be required to grade the proposed development site appropriately in order to minimize the impact on the adjoining detached residences;

 

6.      That site plan approval shall lapse after a period of three years commencing December 7, 2004 in the event that the Owner does not enter into a site plan agreement with the Town during that period;

 

7.      That the owner obtain a Part Lot Control Exemption for the subject lands in order to divide the lands to permit one semi-detached building (two dwelling units), two single detached dwellings and the existing heritage dwelling;

 

8.      That the prospective purchasers be advised through restrictive covenants registered on title that the lands are located in the Markham Village Heritage Conservation District;

 

9.      That prior to execution of the site plan agreement, the Owner shall enter into a heritage conservation easement with the Town, which is to include an approved Restoration Plan, to ensure protection of the existing heritage house.

CARRIED

 

 

28.       GREENSBOROUGH CATHOLIC ELEMENTARY SCHOOL
            2070 BUR OAK AVENUE, GREENSBOROUGH COMMUNITY
            APPLICATION FOR SITE PLAN APPROVAL (SC 04 025851) (10.6)  report 

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That the site plan application by the York Catholic District School Board to permit a new elementary school at 2070 Bur Oak be approved, subject to the following conditions:

 

  1. That a variance be granted by the Committee of Adjustment for relief from the westerly side yard setback requirement established on this property by By-law 177-96;

 

  1. That the Owner give a written undertaking to the Town that it will construct the project in accordance with the approved plans;

 

  1. That the Owner submit and receive approval for a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership;
  2. That the Owner satisfy Town Departments including all requirements of the Director of Engineering, the Fire Department, and the Waste Management Department;

 

  1. That the undertaking provide for payment by the Owner of all applicable fees and recoveries, and submission of any required letters of credit to guarantee compliance with Town requirements.

CARRIED

 

 

 

 

 

COMMUNICATIONS

 

 

29.       YORK REGION DRAFT ANNUAL SERVICE PLAN 2005 AND
            YORK REGION TRANSIT QUICK START SERVICE PLAN
            STATUS REPORT (13.4)

           

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the Draft York Region Annual Service Plan 2005, and the York Region Transit Quick Start Service Plan Status Report, be received.

CARRIED

 

30.       YORK-PEEL WATER SUPPLY PROJECT UPDATE (13.4)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the correspondence from York Region dated November 19, 2004, providing an update on the York-Peel Water Supply Project No. 77300, be received.

CARRIED

 

31.       PROVINCIAL GOVERNMENT RELEASES
           
ONTARIO RURAL PLAN” (10.0)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the letter from the Association of Municipalities of Ontario regarding the release of a provincial document establishing a vision and strategy for Ontario’s rural communities be received.

CARRIED

 

32.       MARY FLYNN-GUGLIETTI, MCMILLAN BINCH
            SUBMISSION OF PRESENTATION GIVEN ON
NOVEMBER 23, 2004
            REGARDING PROPOSED SPLENDID CHINA MALL (10.5)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That correspondence from Mary Flynn-Guglietti of McMillan Binch, representing York Region Condominium Corporation No. 890, owner of Pacific Mall, summarizing her presentation to Development Services Committee on November 23, 2004 regarding concerns for the proposal by Splendid China Mall at 4675 Steeles Avenue, Toronto, be received.

 

CARRIED

 


PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

Chair:  Councillor G. McKelvey

Vice-Chair:  Councillor D. Horchik

Members:

            Deputy Mayor  F. Scarpitti

            Regional Councillor J. Jones

            Regional Councillor B. O’Donnell

            Councillor S. Daurio

            Councillor J. Virgilio

            Councillor J. Webster

            Councillor A. Chiu

J. Baird, Commissioner of Development Services

V. Shuttleworth, Director of Planning and Urban Design

S. Chait, Director, Economic Development

R. Blake, Senior Project Coordinator

S. Heaslip, Senior Project Coordinator

B. Karumanchery, Senior Project Coordinator

S. Kitagawa, Senior Project Coordinator

N. Surti, 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. 

 

 

 

33.       WISMER MARKHAM DEVELOPMENT INC.
           
9442 AND 9506 HIGHWAY 48, ZONING BY-LAW AMENDMENTS
            (ZA 03-113694, ZA 04-024270)
(10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed  Zoning By-law Amendment applications, Files ZA 03 113694, ZA 04 024270, submitted by Wismer Markham Development Inc., 9442 and 9506 Highway 48.

 

Committee was advised that 29 notices were mailed on November 17, 2004, and a Public Meeting sign was posted on November 17, 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 agreed that major commercial development is a contentious issue, and that this application should not be considered further until the Commercial Policy Review is completed.

Staff responded that Town is following due process for an application received.

 

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

 

 

 

 

 

Moved by: Councillor J. Webster

Seconded by: Deputy Major F. Scarpitti

 

And that the Development Services Commission report dated November 9, 2004, entitled “Preliminary Report – Applications by Wismer Markham Development Inc, for Zoning By-law Amendment at 9442 and 9506, Hwy 48, ZA 03 113694 and ZA 04 024270” be received;

 

And that the Record of the Public Meeting held on December 7, 2004, with respect to the proposed amendment to By-laws 304-87 and 177-96 be received;

 

And further that the applications made by Wismer Markham Development Inc. to amend By-laws 304-87 and 177-96 be referred back to staff for a report and recommendation;

 

And that the application not be considered further until completion of the Commercial Policy Review.

CARRIED

 

 

34.       LOBLAW PROPERTIES LIMITED
           
2938 MAJOR MACKENZIE DRIVE EAST, WEST CATHEDRAL COMMUNITY     OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT
            A
RETAIL PLAZA (OP 04 010924, ZA 04 010910)(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 010924, ZA 04 010910, submitted by Loblaw Properties Limited, to permit a retail plaza at 2938 Major Mackenzie Drive.

 

Committee was advised that 70 notices were mailed on November 17, 2004, and a Public Meeting sign was posted on November 16, 2004. Committee received one written submission from David Susilo and Ivy Adhiguna of 16 Magnotta Road, and Dominicus Susilo, Maria Susanto and Darren Susilo of 37 Sanderson Road, in objection.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed use of the subject property for a large format commercial development. Outstanding issues are the protection of the existing woodlot on the site; the requirement for a north/south off-ramp for Highway 404; the appropriateness/need for large format retail; the ongoing commercial policy review; and, the preservation of employment lands.

 

Richard Zelinka of Zelinka Priamo Limited, representing the applicant, Loblaw Properties Ltd., along with a Traffic Consultant, Architect, and Solicitor, made a presentation and displayed variations of conceptual site plans for the retail, office, and gas bar use. A Public Information Meeting had recently been held, and Mr. Zelinka discussed identified issues of concern.

 

Discussions included the road improvements, access to the site, architectural details, and landscaping. Mr. Zelinka advised that the store is anticipated to open in 2007 and will include a community room, fitness centre, and medical office. There will be 320 employees in the store alone, and up to 1,000 on the entire site. Hours of operation for the store will be approximately

8 a.m. to 10:00 p.m.

 

The following residents spoke in opposition to the proposal:

-                     John Liu, 21 Nichols Boulevard

-                     George Yang, 26 Starhill Crescent

-                     Peter Lau, 74 Willow Heights Boulevard

-                     Angel Leung, 42 Nichols Boulevard

-                     Jim Robertson, 10617 Woodbine Avenue

-                     Philip Ng, 29 Nichols Boulevard

-                     Eddie Chan, 4 Silver Oaks Crescent

 

Their concerns and comments included:

-                     as a result of the increased traffic, there is a concern for the children going to the nearby schools and parks

-                     there is no need for such large stores in the area

-                     the parking lot is too big – consider underground parking

-                     there are already enough gas bars in the area

-                     security concerns due to the proximity to Highway 404, and it will provide a place for people to gather and race cars

-                     McNichol Boulevard is a narrow street and will not accommodate increased traffic

-                     Development should be deferred until Major Mackenzie Drive is widened

-                     The Town and Region need to coordinate infrastructure improvements and signalization

           

Peter Russell, 64 Jardin Drive, Concord, representing Woodbine Cachet North, the land developer to the south, reminded the Committee that his client had amended the use of their property from Commercial to Business Park, at the request of Council.

 

Staff responded to comments, advising that the issued identified will have to be addressed. Design issues are a concern of staff, as well as basic policy issues of the Secondary Plan

 

Committee expressed great concern for the violation of the planning rationale and polices being proposed, and questioned if the overwhelming size is necessary. The applicant was requested to meet with staff to work on bringing the proposal into conformity with the Cathedral Secondary Plan. Committee also noted that the interface of the built form and parking lot with residences to the south will have to be considered.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor D. Horchik

 

That the written submission from David Susilo and Ivy Adhiguna of  16 Magnotta Road, and Dominicus Susilo, Maria Susanto and Darren Susilo of 37 Sanderson Road, in objection to the proposal by Loblaw Properties Limited at 2938 Major Mackenzie Drive, be received;

 

 

 

And that the presentation by Richard Zelinka of Zelinka Priamo Limited, representing the applicant, Loblaw Properties Ltd., be received;

 

And that the deputations by John Liu, George Yang, Peter Lau, Angel Leung, Jim Robertson, Philip Ng, Eddie Chan, and Peter Russell, with concerns for the proposal by Loblaw Properties Limited, be received;

 

And that the Development Services Commission information report dated May 18, 2004, entitled “Preliminary Report – Application by Loblaw Properties Limited for Official Plan and Zoning By-law Amendments to permit development of a retail plaza of 329,671 square feet at 2938 Major Mackenzie Drive East in the Cathedral Community” be received;

 

And that the Record of the Public Meeting held on December 7, 2004, with respect to the applications by Loblaw Properties Ltd. For Official Plan and Zoning By-law Amendments, be received;

 

And further that the applications be referred back to the Commercial Policies Review Sub-Committee and to staff for further consideration.

 

And that the application not be considered further until completion of the Commercial Policy Review.

CARRIED

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 9:35 p.m.

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