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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2005-04-05

Meeting No. 7

Development Services                                                                             Economic Development

Chair:              Councillor G. McKelvey                                                                                                            Chair:          Councillor J. Virgilio

Vice-Chair:      Councillor D. Horchik

 

 

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

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

 

Attendance

   Mayor D. Cousens (1:00)

   Deputy Mayor  F. Scarpitti

   Regional Councillor J. Heath (11:40)

   Regional Councillor J. Jones

   Regional Councillor B. O’Donnell

   Councillor S. Daurio

   Councillor J. Virgilio

   Councillor G. McKelvey

   Councillor J. Webster

   Councillor D. Horchik

   Councillor K. Usman

   Councillor A. Chiu

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

C. Conrad, Town Solicitor

V. Shuttleworth, Director of Planning and Urban Design

A. Brown, Director of Engineering

S. Chait, Director of Economic Development

T. Northcott, Senior Economic Development Officer

D. Clark, Town Architect

L. Irvine, Manager, Parks and Open Space Planning

J. Bosomworth, Manager, Strategy and Innovation

R. Hutcheson, Manager of Heritage

T. Lambe, Manager, Policy and Research

R. Blake, Senior Project Coordinator

R. Kendall, Senior Project Coordinator

B. Karumanchery, Senior Project Coordinator

L. Duoba, Project Coordinator

N. Unsworth, Park Development Coordinator

D. Cheng, Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 11:05 a.m. in the Canada Room with Councillor G. McKelvey in the Chair.

 

 

DISCLOSURE OF INTEREST – none declared

 

 

 

 

 

 

 

1.         ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL
            SUBDIVISIONS REGISTERED PLAN NUMBERS 65M-3114,
            65M-3175, 65M-3301, 65M-3468, 65M-3397, 65M-3574 AND 65M-3528
            PHASES 1, 3, 3A AND 4, 2051, 2150 AND 3072 (ENG. FILE #: 2020)
   (10.7)   Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the memo from staff dated April 4, 2005, regarding amendments to the staff report, recommendations, and draft by-law, be received;

 

That the services in Subdivision, Registered Plan Numbers 65M-3114, 65M-3175, 65M-3301, 65M-3468, 65M-3397, 65M-3574 and 65M-3528 be accepted;

 

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

 

And that the Community Services Commission assume the responsibility for operating and maintaining the infrastructure within the Subdivisions as part of the Town’s system;

 

And that acceptance of the Subdivisions be taken into consideration in future operating budgets;

 

And that the by-law to amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to the indicated streets, be approved;

 

And that the by-law to amend Schedule ‘A’ of the Speed By-law # 105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

 

And that the by-law to amend Schedule ‘F’ of the Speed By-law # 105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved;

 

And that the by-law to amend Schedule 1 of the Parking By-law 336-88, by including no parking in the streets indicated be approved;

 

And that staff report back with the no parking by-law for Angus Glen upon completion of the parking permit proposal;

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed.

 

CARRIED

 

 

2.         THE PROVINCIAL SECONDARY LAND USE PROGRAM
            FOR HYDRO CORRIDORS (MI 475) (13.8)

 

Staff gave a brief explanation of the Provincial Secondary Land Use Program for Hydro Corridors.

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor B. O’Donnell

 

That the staff report entitled “The Provincial Secondary Land Use Program for Hydro Corridors” dated April 5, 2005, be received;

 

And that the Province and Ontario Realty Corporation continue to support and prioritize transportation and infrastructure uses through and along the corridors to support planned growth and improvements;

 

And that the Province and Ontario Realty Corporation work in partnership with the Town and Rouge Park Alliance to protect Rouge River valley lands and associated buffers and promote ecological enhancements in the Hydro Corridors;

 

And that the Town review further opportunities for pedestrian linkages and bicycle trails through the proposed Town of Markham Pathways Master Plan and proposed Cycling and Pedestrian Advisory Committee and advise the Province and Ontario Realty Corporation accordingly;

 

And that the Town negotiate with Ontario Realty Corporation the long term protection and conveyance of the portion of the eastern remnant parcel identified in the draft Greenbelt Plan and identified as a potential Rouge Park linkage in the Eastern Markham Strategic Review (2003);

 

And that staff be directed to review and incorporate appropriate secondary use policies for hydro corridor lands in the Official Plan, within the context of the next comprehensive Official Plan review;

 

And that prior to the Town formalizing any new arrangements for public uses within hydro corridors, further discussion take place with authorized public agencies, and in particular the York Region Medical Officer of Health, regarding issues of land use compatibility and possible impacts of hydro transmission corridors, and any appropriate conditions for use or notices to users;

 

And further that Ontario Realty Corporation, Ministry of Municipal Affairs and Housing, Rouge Park Alliance, Hydro One and the Region of York be forwarded a copy of the report.

 

CARRIED

 

 

 

 

 

 

Public Meeting – to Council

 

 

3.         WORLD TECH CONSTRUCTION INC., 181 HELEN AVENUE
            ZONING BY-LAW AMENDMENT TO PERMIT 6 RESIDENTIAL LOTS
            SOUTH UNIONVILLE PLANNING DISTRICT (ZA 05 006246) (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 006246) submitted by World Tech Construction Inc., to permit 6 residential lots at 181 Helen Avenue.

 

Committee was advised that 37 notices were mailed on March 16, 2005, and a Public Meeting sign was posted on March 11, 2005. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location and surrounding uses. Staff will present the by-law to Council for enactment once allocation is available. 

 

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

 

Moved by:  Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the Development Services Commission staff report dated March 1, 2005 entitled “Preliminary Report: World Tech Construction Inc. Application to amend the zoning by-law to permit 6 residential lots, 181 Helen Avenue, South Unionville Planning District (ZA 05 006246)” be received;

 

And that the Record of the Public Meeting held on April 5, 2005, with respect to the proposed amendments to By-laws 304-87 and 177-96 be received;

 

And that the application by World Tech Construction Inc. (Best Homes) to amend By-laws 304-87 and 177-96 be approved;

And further that the proposed amendments be enacted without further notice.

 

CARRIED

 

 

 

4.         ARMADALE WEST INDUSTRIAL AREA
           
TOWN-INITIATED  OFFICIAL PLAN AMENDMENT (OP 01 102884) (10.3) 

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed Town-initiated Official Plan Amendment (File OP 01 102884) for the proposed Armadale West Industrial Area.

 

 

 

Committee was advised that 585 notices were mailed on March 4, 2005, and Notice was published in the Markham Economist and Sun on March 8 and March 22, 2005. Committee received one written submission from Geoff Woods of CN Railway, stating concerns.

 

Staff gave a summary presentation regarding the history of this initiative over the past four years.

Staff has considered the need for viable industrial land, the recommendations of the Resident’s Working Group and the comments of the landowners, and have revised the proposed Official Plan Amendment to balance these considerations. Appreciation was expressed to participating Council members, staff, and the Residents’ Working Group for their work towards resolving this matter.

 

Frank Passafiume, 12442 McCowan Road, Stouffville, stated that he owns 15 acres in the proposed Amendment area, and he also spoke on behalf of another property owner. Their concerns related to the impact of the proposed restrictions on use and design. The Chair suggested Mr. Passafiume meet with staff prior to the Council meeting next week.

 

Committee noted the lack of public attendance at this meeting, and directed staff to ensure that Constantine Karbaliotis of the Residents’ Working Group is made aware of recent changes in the provisions of the draft Amendment.

 

Moved by:  Councillor K. Usman

Seconded by: Deputy Mayor F. Scarpitti

 

That the written submission from Geoff Woods of CN Railway, stating concerns regarding the proposed Town-initiated Official Plan amendment (File OP 01 102884) for the Armadale West Industrial Area, be received;

 

And that the deputation by Frank Passafiume with concerns regarding the proposed Town-initiated Official Plan amendment (File OP 01 102884) for the Armadale West Industrial Area, be received;

 

And that the Record of the Public Meeting held on April 5, 2005, with respect to the proposed draft Official Plan amendment for the Armadale West Industrial Area be received;

 

And that staff finalize the draft official plan amendment for the Armadale West Industrial Area and submit it to Council for adoption;

 

And that the proposed Official Plan Amendment for the Armadale West Industrial Area, as amended, be approved;

 

And that the proposed Official Plan Amendment for the Armadale West Industrial Area, as amended, be enacted without further notice.

 

CARRIED

 

 

 

5.         ELIZA WAI CHIU IN TRUST AND KU CHU-SHING
            EAST SIDE OF EUREKA STREET, PLAN 335 PT LOT J
            UNIONVILLE HERITAGE CONSERVATION DISTRICT
            ZONING BY-LAW AMENDMENT TO PERMIT A NEW SINGLE
            FAMILY HOME (ZA 04 258597, SC 04 258597)    (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 (File ZA 04 258597) submitted by Eliza Wai Chiu in Trust and Ku Chu-Shing, to permit a new single family home on Plan 335, Part Lot J, east side of Eureka Street.

 

Committee was advised that 53 notices were mailed on March 16, 2005, and a Public Meeting sign was posted on March 14, 2005. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues.  A site plan will be required, and will be reviewed by Heritage Markham. A Hold provision can be placed on the zoning until a site plan has been approved.

 

Jeanne Ker-Hornell, 33 Eureka Street, stated that she has lived on the property to the north of the subject site for 35 years. Ms. Ker-Hornell objected to the 4,500 sq. ft. dwelling proposed for the small lot, which will result in a setback of six feet and a building height of 39 feet, with a separate two-storey garage. Her concerns are for crowding of the lot and loss of trees, and shadowing of her dwelling.

 

Staff advised that the application meets all the zoning provisions except for the front yard setback. There is a two-storey height restriction, and the garage will be a one-storey structure. If  the house is too large to fit comfortably on the lot, it will be addressed at the site plan stage. The site plan process is not a public process, but the input of adjacent property owners can be taken into consideration. With respect to the protection of the trees, staff advised that a tree survey has been done, and it concludes that there are not any significant trees on the site warranting preservation. The site plan can specify landscaping and planting requirements, and some can be preserved for interim coverage.

 

Moved by:  Councillor D. Horchik

Seconded by: Councillor A. Chiu

 

That the deputation by Jeanne Ker-Hornell with concerns regarding the proposed Zoning By-law amendment (File ZA 04 258597) submitted by Eliza Wai Chiu in Trust and Ku Chu-Shing, to permit a new single family home on Plan 335, Part Lot J, east side of Eureka Street, be received;

 

And that the Development Services Commission staff report dated March 1, 2005 entitled “Eliza Wai in Trust and Ku Chu-Shing, Application for Zoning By-law Amendment to permit a new single family home, East Side of Eureka Street, Plan 335, Part Lot J, Unionville Heritage Conservation District (ZA 04 258597)” be received;

 

And that the Record of the Public Meeting held on April 5, 2005, with respect to the proposed amendment to By-law 122-72, as amended by 2003-67, be received;

 

 

And that the application by Eliza Wai Chiu in Trust and Ku Chu-Shing for an amendment to By-law 122-72 as amended by 2003-67, be enacted with a Hold provision until a site plan is processed;.

 

And that the proposed amendment to By-law 122-72, as amended by 2003-67, be enacted.

 

CARRIED

 

 

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Other matters considered by Development Services Committee on April 5, 2005:

 

 

 

6.         YORK REGION BUSINESS MISSION TO CHINA (10.0)

 

Deputy Mayor F. Scarpitti gave a presentation regarding the recent York Region Business Mission to China in January, 2005. The two-week mission was led by the Deputy Mayor and included MPP Tony Wong and representatives of 20 businesses. They were joined during a portion of the trip by Prime Minister Paul Martin. Markham was the only individual municipality represented. The tour of seven cities included Nanjing, Zuzhou, Hangzhou, Shanghai, Beijing, and Hong Kong.

 

The Deputy Mayor discussed the success of the trip with respect to strengthening economic ties and opportunities, and he displayed several architectural, design, and landscaping highlights. It was noted that parks and open spaces are “ISO Certified” and staff was requested to look into this.

 

The Committee was provided with the York Region Business Mission to China Report. A staff memo with documents from Daisy Wai, President of Richmond Hill and Markham Chinese Business Association had been previously provided to the Committee. 

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor K. Usman

 

That the presentation by Deputy Mayor F. Scarpitti, and documents submitted (York Region Business Mission to China Report and memo with documents from Daisy Wai, President of Richmond Hill and Markham Chinese Business Association) regarding the recent York Region Business Mission to China, be received and referred to the Director of Economic Development to evaluate some of the initiatives from the business mission and review Markham’s role in the Chinese market.

 

CARRIED

 

 

 

7.         UNIONVILLE PLAYGROUND (6.3)

 

Staff reviewed the history of the proposal for a playground in Unionville and the community involvement on this project, since 2002. Council had approved a playground in 2003 with a budget of $75,000.

 

The community had indicated a preference for the Fred Varley Parkette as the location, but is split on the specific east or west site within this location. TRCA has evaluated the site and advised of constraints due to the creek and 100-year flood levels. Staff displayed design proposals for east and west options, both of which require over $100,000 in additional funding. A bridge over the creek is possible, at an additional cost of $100,000 – $150,000.

 

Staff presented options regarding approval of the additional funding and selecting a preferred location. Working drawings will be finalized and construction will be tendered, with completion targeted for 2005. Phasing can be considered.

 

Another option was presented, to prepare a Master Plan for the site based on a more naturalistic approach with non-traditional play experiences and compatible uses, to take advantage of this unique river valley site. Additional community consultation will be involved, and this approach can also be phased.

 

Reid McAlpine, 27 Victoria Avenue, stated that there is a real need for a playground in the area. He supports the west site, and also supports the Master Plan proposal.

 

Tracy MacKinnon, 154A Main Street, representing the Unionville Villagers Association and a member of the Fundraising Committee, objected to the additional expenditures and requested that play equipment be installed as soon as possible.

 

Committee commended the initiative of staff and the fund-raising efforts of the community, and questioned if the specific location of the park had been indicated during the fund-raising events. It was agreed that a park should be established without any further delays.  Discussions included whether the location would be appropriate in such proximity to the Bandstand, or adjacent to the plaza, and whether the creek on this site creates a hazardous situation.

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor J. Webster    

 

That the staff presentation regarding the Unionville Playground be received;

 

And that staff report back in two weeks with more information regarding the option of a Master Plan based on a naturalized approach, including short and long term phasing and cost options.

 

CARRIED

 

 

8.         UNIONVILLE PARKING ADVISORY COMMITTEE UPDATE  (16.34, 10.8)

 

Staff provided an update on the activities of the Unionville Parking Advisory Committee, advising of the issues identified and solutions proposed. Marshall Macklin Monahan, consultants, had been retained to review parking and access options. Property owners and the School Board have been consulted.

 

Issues and solutions include:

-         fence abutting the Bistro (removed)

-         paving and snow plowing the lane beside the Bistro (now on municipal maintenance list)

-         provision for public washrooms (exterior door to be constructed at Crosby Arena)

-         parking on Main Street (demark parking spaces; handicap spaces; parking restrictions; amend parking by-law to allow only one vehicle per space)

-         access to west parking lots during festivals (phased proposal)

 

Additional parking proposals include integrating parking areas on the east side of Main Street, constructing a parking structure as part of any future redevelopment of the Crosby Arena site, and implementing a paid parking program to provide a funding source for the $ 3,452,000 expenditures proposed.

 

A meeting is scheduled for April 7, 2005, with local businesses and property owners and a Toronto BIA representative. An update will be provided to Development Services Committee.

 

Committee considered the public opposition to paid parking, and discussed that it may be a long-term option. Cost sharing was also suggested as an option. Committee suggested using signage that specifies only one vehicle per parking space, to help address the motorcycle problem.

 

It was suggested that disabled spaces in front of Starbucks and Timothy’s may not be appropriate, given the nature of parking for these establishments, and staff was asked to review this aspect. Staff was directed to continue working on a town-wide parking strategy, and to arrange a Part A session for a presentation from the Toronto Parking Authority.

 

With respect to the public washrooms, Committee questioned the need for the Town to provide this service, and requested further information regarding security measures that will be put in place.

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor S. Daurio

 

That the staff update regarding the Unionville Advisory Committee be received;

 

And that the construction of the external entrance to Crosby Arena for washroom access be approved;

 

And that, after further staff consultation with the community regarding locations, the delineation of parking spaces on Main Street be approved.

CARRIED

 

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IN CAMERA

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor A. Chiu

 

That the Development Services Committee recess in-camera at 1:07 p.m. to consider a legal matter.

CARRIED

 

9.         LEGAL MATTER (8.0)

 

Moved by: Councillor S. Daurio

Seconded by: Councillor A. Chiu

 

That the Committee rise from in-camera at 1:25 p.m.

CARRIED

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10.       PROVINCIAL GREENBELT PLAN  (13.2)

 

This matter was deferred to the next scheduled Development Services Committee meeting.

 

 

 

11.       PLACES TO GROW – DRAFT GROWTH PLAN (13.2)

 

This matter was deferred to the next scheduled Development Services Committee meeting.

 

 

 

12.       U.S. LIFE STYLE TOUR (10.0)

 

Staff presented an update on the proposed Life Style Tour by Committee and staff members, to the United States. Several Councillors have indicated an interest, and it was proposed that two groups be formed to view different cities – the Great Lakes Tour and the Eastern Tour. The trip will be from May 11 to May 14, 2005, with a draft budget of $45,000. Two developers have also been invited to attend at their own expense. A formal budget and resolution will be provided to Council on April 12, 2005. Committee indicated acceptance of this proposal.

 

Moved by: Councillor J. Virgilio

Seconded by: Regional Councillor J. Heath

 

That the staff presentation regarding the U.S. life style tour be received.

CARRIED

13.       MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
- February 21, 2005 (16.34)   Minutes  

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the minutes of the Markham Public Art Advisory Committee meeting held February 21, 2005, be received for information.

CARRIED

 

 

14.       HERITAGE MARKHAM COMMITTEE MINUTES
-
March 9, 2005 (16.11)      Minutes 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the minutes of the Heritage Markham Committee meeting held March 9, 2005, be received for information.

CARRIED

 

 

15.       MAIN STREET MARKHAM COMMITTEE MINUTES
-
March 16, 2005 (16.39)     Minutes 

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the minutes of the Main Street Markham Committee meeting held March 16, 2005, be received for information.

CARRIED

 

 

16.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF
FEBRUARY 19, 2005 TO MARCH 10, 2005(10.0) Report 

 

Committee noted the parking constraints relating to the Synagogue located on Green Lane, and requested staff discuss parking issues with the applicant for Chabad Lubavitch of Markham at 83 Green Lane.

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Regional Councillor J. Heath

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of February 19, 2005 to March 10, 2005” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

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

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Regional Councillor J. Heath

 

That Council be advised that in accordance with Delegation By-law 2002-202, and additional site specific delegations authorized by Development Services Committee, the Commissioner of Development Services or the Director of Planning and Urban Design have approved applications listed in the report dated April 5, 2005.

CARRIED

 

 

18.       1297482 ONTARIO LIMITED, 7713 KENNEDY ROAD
            ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
            TO PERMIT A 4-STOREY APARTMENT BUILDING
            (ZA 05 008482, SC 05 008498) (10.5, 10.6)     
Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That a Public Meeting be held to consider a Zoning By-law Amendment application (File No. ZA 05 008482), and required Official Plan Amendment application, by 1297482 Ontario Limited to permit a 4-storey apartment building containing 18 units at 7713 Kennedy Road, after an application for Official Plan Amendment has been received.

CARRIED

 

 

19.       1297482 ONTARIO LIMITED, SOUTH OF 14TH AVENUE,
            EAST OF KENNEDY RD, AT THE WEST END OF CHIAVATTI DR
            ZONING BY-LAW AMENDMENT AND PLAN OF SUBDIVISION
            (19TM-05001) TO PERMIT 19 SINGLE DETACHED DWELLINGS
            (ZA 05 008640, SU 05 008628) (10.5, 10.7)     
Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That a Public Meeting be held to consider the Zoning By-law Amendment (ZA 05 008640) and Plan of Subdivision (SU 05 008628) applications submitted by 1297482 Ontario Limited, and any Secondary Plan amendments that may be required to permit 19 single detached dwellings on lands located south of 14th Avenue, east of Kennedy Road, at the west end of Chiavatti Drive.

 

CARRIED

 

 

20.       2005 FIRST QUARTER UPDATE
            ON THE STREET NAME RESERVE LIST (10.14)  
Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That Development Services Committee receive the updated street name reserve list for the first quarter of 2005.

CARRIED

 

 

21.       STRADA AGGREGATES INC., 350 YORKTECH DRIVE
            CONCESSION 4, PART 4 PLAN 22981 AND PART 1 PLAN 65R-22981
            APPLICATION TO EXTEND A TEMPORARY USE BY-LAW
            (ZA 05-008335) (10.5)     
Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That a Public Meeting be held to consider the zoning application (ZA 05-008335) by Strada Aggregates Inc. to extend Temporary Use By-law 2002-139 for an additional three (3) years. 

 

CARRIED

 

22.       NEIGHBOURHOOD COMMERCIAL STRATEGY
            FOR THE NEW URBAN AREAS (10.0)    
Report

 

Staff explained that the purpose of this report is to give an update on the status of individual secondary plans. Although there are opportunities within secondary plans for commercial uses, they are not being utilized by developers, and it is necessary to find a way to ensure they are developed in a timely fashion. Staff will report back on potential financial incentives available.

 

Committee agreed this is an ongoing concern and discussed possible solutions, such as broadening the tools used, and considering municipal ownership – co-locate town facilities by combining small commercial plazas or corner stores with a parkette or mailbox.

 

Staff will report back on strategy options.

 

Moved by: Councillor J. Virgilio

Seconded by: Regional Councillor J. Heath

 

That the report dated April 5, 2005, entitled “Neighbourhood Commercial Strategy for the New Urban Areas”, be received;

 

And that the Strategy described in the report be endorsed;

 

And that Development Services Committee authorize staff to proceed with implementing the Neighbourhood Commercial Strategy as outlined in this report;

And that Development Services Commission staff, together with Finance staff, report back on the potential financial impact of deferring development charges and cash in lieu of parkland, or other financial incentives to support the implementation of the neighbourhood commercial sites identified in the proposed Strategy.

CARRIED

 

 

23.       LOBLAW PROPERTIES LIMITED
            2938 MAJOR MACKENZIE DRIVE EAST IN THE WEST
            CATHEDRAL COMMUNITY, OFFICIAL PLAN AND ZONING
            BY-LAW AMENDMENTS TO PERMIT A LARGE  FORMAT
            RETAIL PLAZA (OP 04 010924, ZA 04 010910)
(10.3, 10.5)  Report

 

Staff presented a review of this proposal and described the location, surrounding uses and site characteristics. The presentation included an explanation of the existing Official Plan and Cathedral Secondary Plan designations and provisions and intent thereof, and the proposed Official Plan and Zoning by-law amendments submitted by Loblaw Properties Ltd.

 

Staff stated their concern that the proposal does not comply with the planned function of the Business Corridor Area designation, that the proposed large format stores exceed the retail store size cap set out in the Official Plan, and that the proposal will result in an unacceptable loss of employment lands. Other issues of concern are poor urban design, woodlot protection, the inclusion of the gas bars, provision for a northern extension of the Highway 404 northbound off ramp, provision of a Fire Hall on the eastern portion of the site, and creation of an appropriate gateway for the Cathedral Community. Staff is recommending denial of the application as proposed, and advised that further consideration may be given to revisions to the plan within the context of the issues staff raised in the report.

 

Committee discussed permitted uses within the Business Corridor Area designation, and received further information from staff. Committee also discussed preservation of the Regionally-significant woodlot, the extension of the 404 Highway off-ramp, and the potential location of a new Fire Hall.

 

Steven Zakem of Aird and Berlis, representing the applicant, Loblaw Properties Limited,  identified separate developers for portions of the site.  Mr. Zakem referred to an e-mailed submission to the Committee members, and discussed the provisions of Business Corridor Areas with respect to Planned Functions and Land Uses, and the issue of size limitation for retail uses. He explained the various separate store departments proposed within the Loblaw building, and compared this proposal to the Loblaw establishment located on Bullock Drive.

 

Mr. Zakem reviewed the Community and Public Meetings held, which had been well attended, and which identified the residents’ main concerns related to the gas bars, traffic, and the impacts on the Cathedral Community. Mr. Zakem suggested an alternate proposal that would eliminate the two gas bars and include the off-ramp extension. With respect to design, he advised that until the zoning is approved and the building size finally determined, it is difficult to confirm the tenants and their design requirements. He stated that the applicant is prepared to agree to a Hold provision on the zoning, until the design details are approved.

Mr. Zakem summarized that the applicant has made a substantial investment in Markham, and he requested that the staff recommendation be denied and the alternate proposal be referred back to staff.  Mr. Fatica and Mr. Thompson from Loblaw Properties Ltd., as well as their Planner and Traffic Consultant, were also in attendance.

 

In response to Committee’s question, Mr. Zakem advised that the applicant does not consider structured parking to be feasible on this site. Staff reviewed the approval for the Loblaw store on Bullock Drive, and advised that at the time the approval was appropriate, however, the size of the development has increased twice since then. Staff advised that while the Loblaw proposal was appropriate for the Bullock Drive site, in hindsight it would have been preferable to redesignate the property to Major Commercial rather than attempting to permit it under the existing Business Corridor policies.

 

Committee members discussed the work of the Commercial Policy Review Committee and the importance of the report by John Winter Associates with respect to employment lands. Dismay was expressed that the alternate proposal had not been made earlier and although the elimination of the gas stations is appreciated, it does not improve the overall plan or reduce the extent of the surface parking. Reference was made to the list of issues on Page 12 of the staff report.

 

Discussions included the efforts and costs involved in developing the Cathedral Plan, and the concession made by all parties to increase employment lands as a crucial component of the Plan.

 

It was stated that urban design issues are important and should not be dependant on the tenants. Committee expressed hope that the applicant will continue to work with staff to make this location Markham’s first Life Style Centre, and for Loblaw to use this opportunity to make it their premier location in Canada.

 

Two motions were made to refer this matter to the Commercial Policy Review Committee, or to the Unionville Subcommittee, and both motions were withdrawn.

 

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IN CAMERA

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor D. Horchik

 

That the Development Services Committee recess in-camera at 4:10 p.m. to consider a legal matter.

CARRIED

24.       LEGAL MATTER (8.0)

 

Moved by: Councillor S. Daurio

Seconded by: Councillor A. Chiu

 

That the Committee rise from in-camera at 4:54 p.m.

CARRIED

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Moved by: Councillor D. Horchik

Seconded by: Regional Councillor J. Heath

 

That the record of the public meeting held December 7, 2004 with respect to the applications by Loblaw Properties Limited for Official Plan and Zoning By-law Amendments be received;

 

And that the applications by Loblaw Properties Limited for Official Plan and Zoning By-law Amendments to permit a large format retail plaza development of 329,671 sq. ft. at 2938 Major Mackenzie Drive East in the West Cathedral Community, as submitted, be refused;

 

And that before this recommendation is presented to Council, the matter be referred to the Commercial Policy Review Committee for a meeting with the applicant to discuss the matters set out in the staff report, and that the CPRC try to report back to the Development Services Committee in two weeks.

CARRIED

 

 

 

25.       GERALD CORBETT, 13 VECCHIA STREET
            WITH CONCERNS REGARDING COMMERCIAL PROPOSAL
            BY
IMPERIAL OIL LIMITED AT 550 BUR OAK AVENUE
            (ZA 04 027753, SC 04 027755) (10.5, 10.6)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the correspondence from Gerald Corbett, 13 Vecchia Street, with concerns regarding the proposed Zoning and Site Plan Approval applications (Files ZA 027753, SC 04 027755) submitted by Imperial Oil, to permit a gas station, car wash, convenience store and drive-through restaurant at 550 Bur Oak Avenue, be received.

CARRIED

 

 

26.       PASCAL TANG AND CINDERELLA LAU WITH PETITION
            OBJECTING TO THE COMMERCIAL PROPOSAL BY
           
IMPERIAL OIL LIMITED AT 550 BUR OAK AVENUE
            (ZA 04 027753, SC 04 027755) (10.5, 10.6)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the correspondence from Pascal Tang and Cinderella Lau, with 17-name petition in objection to the proposed Zoning and Site Plan Approval applications (Files ZA 027753, SC 04 027755) submitted by Imperial Oil, to permit a gas station, car wash, convenience store and drive-through restaurant at 550 Bur Oak Avenue, be received.

CARRIED

 

27.       BRIAN CONSTANS, COSINI PROPERTIES INC.
            IN OBJECTION TO ZONING APPLICATION BY
PALMA CARONA
            FOR 165 LANGSTAFF ROAD EAST (ZA 04 026487) (10.5)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the correspondence from Brian Constans or Cosini Properties Inc., in objection to the proposed Zoning By-law amendment (File ZA 04 026487) submitted by Palma Carona, to remove the “H” provision to permit reconstruction of a building destroyed by fire at 165 Langstaff Road East, be received.

CARRIED

 

 

 

28.       PAUL WILLIAM YOUNG, 4137 HIGHWAY 7
            REQUESTING THE NEW UNIONVILLE HIGH SCHOOL BE NAMED
            AFTER FORMER UNIONVILLE RESIDENT ANDY GRANT (10.0)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the correspondence from Paul William Young, 4137 Highway 7, requesting consideration be given to naming the new Unionville High School after former Unionville resident, Andy Grant, and with the York Region District School Board Minutes, dated September 28, 2004, attached, be received.

CARRIED

 

 

 

29.       CORRESPONDENCE FROM YORK REGION
            ADVISING OF WITHDRAWAL OF TEMPORARY USE ZONING
            BY-LAW APPLICATION BY YORK REGION RAPID TRANSIT CORP.,
            (ZA 05 006494) (10.5)

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Deputy Mayor F. Scarpitti

 

That the correspondence from York Region, dated April 4, 2005, requesting withdrawal of the application for a Temporary Use Zoning By-law Amendment (ZA 05 006494) submitted by York Region Rapid Transit Corporation, for a temporary operations facility at 2875 14th Avenue, be received and acknowledged.

 

 

 

 

 

PART C

Public Meeting

7:00 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 J. Virgilio

            Councillor J. Webster

            Councillor K. Usman

            Councillor A. Chiu

 

Regrets: Councillor E. Shapero

J. Baird, Commissioner of Development Services

V. Shuttleworth, Director of Planning and Urban Design

S. Chait, Director of Economic Development

T. Lambe, Manager, Policy and Research

B. Karumanchery, Senior Project Coordinator

G. Duncan, Heritage and Conservation Planner

T. Kanji, Senior Planner

L. Wheeler, Senior Planner

D. Cheng, 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. 

 

 

30.       MINTO MARKHAM PARTNERSHIP, LEGACY COMMUNITY
            NORTHWEST CORNER OF
ROUGE BANK DRIVE & 9TH LINE
            ZONING BY-LAW AMENDMENT TO PERMIT 10 SINGLE
            DETACHED UNITS (ZA 04 028827) (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 04 028827) submitted by Minto Markham Partnership, to permit 10 single detached units at the northwest corner of Rouge Bank Drive and 9th Line.

 

Committee was advised that 62 notices were mailed on March 16, 2005, and a Public Meeting sign was posted on March 15, 2005. Committee received one written submission from David Rout, 7881 Ninth line, Markham, expressing concerns.

 

Staff gave a presentation regarding the proposal, the location and surrounding uses, and outstanding issues. A Secondary Plan amendment for this site has been appealed to the Ontario Municipal Board by the applicant, and a hearing is scheduled for later in 2005.

 

Don Hutchinson, 28 Trout Lily Avenue, on behalf of the Legacy Ratepayers Association, supported single detached dwellings.

 

Ian Irvin, 16 Whitecedar Drive, spoke in support of single family dwellings.

Robert Howe of Goodman’s, representing the applicant, Minto Markham, spoke of the support from the residents for this proposal. Mr. Howe stated that commercial use is not feasible with the realignment of 9th Line, and he considers this to be an infill situation. He will continue to work with staff and residents to resolve outstanding matters.

 

Committee discussed the neighbourhood commercial strategy and whether a commercial use is appropriate at this location. The disposition of old 9th Line was also discussed and staff advised that the Province has indicated that they are not prepared to dispose of the lands at this time. Comments were made regarding back-lotting, driveway illumination, and the median on Rouge Bank Drive inhibiting access to the property. Staff will address these issues in the final report.

 

Moved by:  Councillor J. Webster

Seconded by: Councillor A. Chiu

 

That the written submission from David Rout, expressing concerns regarding the proposed Zoning By-law amendment (File ZA 04 028827) submitted by Minto Markham Partnership, to permit 10 single detached units at the northwest corner of Rouge Bank Drive and 9th Line, be received;

 

And that the deputations by Don Hutchinson and Ian Irvin, in support, and by Robert Howe of Goodman’s representing the applicant, regarding the proposed Zoning By-law amendment (File ZA 04 028827) submitted by Minto Markham Partnership, to permit 10 single detached units at the northwest corner of Rouge Bank Drive and 9th Line, be received;

 

And that the Development Services Commission dated February 15, 2005, entitled “Preliminary Report: Minto Markham Partnership, northwest corner of Rouge Bank Drive and 9th Line, Zoning By-law amendment application to rezone the property to permit 10 single detached units, Legacy Community (ZA 04 028827)”, be received;

 

And that the Record of the Public Meeting of April 5, 2005, with respect to a zoning by-law amendment application submitted by Minto Markham Partnership be received;

 

And further that the application be referred back to staff for a report and recommendation following the Public Meeting.

CARRIED

 

 

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 9:00 p.m.

 

 

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