MINUTES
DEVELOPMENT SERVICES COMMITTEE
2006-01-10
Meeting No. 2
All
Members of Council
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
|
Councillor A. Chiu
|
J. Baird, Commissioner of
Development Services
A. Taylor, Commissioner of Corporate
Services
R. Blake, Senior Project Coordinator
S. Bordone, Planner
A. Brown, Director of Engineering
C. Conrad, Town Solicitor
D. Clark, Town Architect
G. Duncan, Heritage Planner
J. Ferrara, Park Development
Coordinator
R. Hutcheson, Manager, Heritage
L. Irvine, Manager, Parks and Open
Space Planning
R. Kendall, Senior Project
Coordinator
T. Lambe, Manager, Policy and
Research
V. Shuttleworth, Director of
Planning and Urban Design
R. Topps, Senior Planner, Urban
Design
N. Unsworth, Park Development
Coordinator
M. West, Manager, Strategic
Initiatives
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
Councillor J. Virgilio disclosed an interest with respect to the
proposed site plan by Rogers Wireless Inc. at 4134
16th Avenue, by nature of his son being
employed by Rogers Communications, and did not take part in the consideration
or discussion of or vote on the question of the approval of such matter.
1. NEAMSBY INVESTMENTS INC.
4412 14TH AVENUE, LOTS 19 AND
20, PLAN 65M-2813
PROPOSED DEEMING BY-LAW (ZA 05
025617) (10.5)
Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That
the By-law, attached as Appendix ‘A’ to the staff report dated January 10,
2006, deeming Lots 19 and 20, Plan 65M-2813 not to be part of a registered plan
of subdivision, be enacted and that staff take appropriate action as required
under Section 50 of the Planning Act.
CARRIED
2. NEAMSBY INVESTMENTS INC.
95 DUFFIELD DRIVE, LOTS 13 AND
14, PLAN 65M-2813
PROPOSED DEEMING BY-LAW (ZA 05
025615) (10.5)
Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That
the By-law, attached as Appendix ‘A’ to the staff report dated January 10,
2006, deeming Lots 13 and 14, Plan 65M-2813 not to be part of a registered plan
of subdivision, be enacted and that staff take appropriate action as required
under Section 50 of the Planning Act.
CARRIED
3. OLD KENNEDY CO-OPERATIVE DEVELOPMENT
CORP.
90 AND 108 OLD KENNEDY ROAD
LOTS 1 AND 2, REGISTERED PLAN
3580
PROPOSED DEEMING BY-LAW (ZA 05
026979) (10.5)
Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the by-law attached as Appendix ‘A’
to the staff report dated January 10, 2006, deeming Lots 1 and 2, Registered
Plan 3580 not to be part of a registered plan of subdivision, be enacted and
that staff take appropriate action as required under Section 50 of the Planning Act.
CARRIED
4. REVISED
BUILDING CLASSIFICATION
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT (16.11)
Report Attach
B.
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the report titled
“Revised Building Classification, Markham Village Heritage Conservation
District” be received;
And that the Markham
Village Heritage Conservation District Plan be amended by deleting the 1991
building classifications and replacing them with the 2005 building
classifications as recommended by Heritage Markham (Appendix ‘B’).
CARRIED
5. STREET
NAMING – MARKHAM CENTRE
ENTERPRISE BOULEVARD, YMCA
BOULEVARD,
AND RIVIS ROAD (10.14)
Report
Committee expressed concern with identifying a road
for one specific component, and directed staff to reconsider some of the names
proposed. Staff was also requested to consider renaming Valhalla
Drive.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor K. Usman
That the north/south connecting road between the Enterprise
Boulevard extension and proposed YMCA
Boulevard be named Rivis
Road.
CARRIED
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor K. Usman
That the name of the former access road to the Unionville GO Station YMCA Boulevard be referred back to staff for consideration of other possibilities.
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor J. Virgilio
That the report dated January 10, 2006, entitled “Street Naming – Markham
Centre:
Enterprise Boulevard,
YMCA Boulevard and Rivis
Road” be received;
And that the extension of
Enterprise Boulevard
through the Remington lands be formally named Enterprise
Boulevard;
And that staff be
directed to prepare the appropriate by-laws to formally name these streets.
CARRIED
Moved by: Regional
Councillor J. Jones
Seconded by: Councillor
J. Virgilio
*That
staff review extending the name of Enterprise Boulevard from Warden Avenue through to Kennedy Road.
* Amended by Council on January 17, 2006 to read as follows:
“And that
staff review the name of Unionville Gate, in order to extend Enterprise Boulevard from Warden
Avenue through to Kennedy Road.”
CARRIED
6. PARKLAND
CONVEYANCE APPLYING TO THE
REMAINING UNDEVELOPED
RESIDENTIAL PHASES
OF THE LEITCHCROFT PLANNING
DISTRICT (6.11, 10.7)
Report
Staff provided
a brief history of the parkland conveyance issues in Leitchcroft, and compared
staff’s strategy for parkland dedication to the owner’s recent proposed
alternative option.
A Letter of Credit for parkland had been
taken in 2001 for 2.6 acres based on 1998 land values, as a
security for required parkland conveyance associated with the Phase IIA
development. Additional residential development and a parkland conveyance
strategy were approved by Council in 2005. Under the approved strategy, the
owner would convey a 5.9 acre park and the letter of credit would be returned.
Future Phase III parkland requirements will be determined at the time of site
plan approval of this phase. While the 5.9 acre park is sufficient to
meet requirements associated with approvals to date, staff has determined that an
additional 2.05 acres (total park size of 7.95 acres) would be needed in
association with Phase III approvals to meet ultimate park land requirements
for the community. Any residual parkland requirements associated with Phase
III would be provided through cash-in-lieu at land values current at the time
of site plan approval.
1107656 Ontario Inc.(the owner) has made an alternate parkland
conveyance proposal to convey 7.95 acres of parkland immediately, including
2.05 acres for Phase III. The Owner also proposes that the Town cash the
existing Letter of Credit as an additional pre-payment equivalent to 2.76 acres
for Phase III. Any additional shortfall would be addressed through cash-in-lieu
at market values in effect at the time of the Phase III site plan approval.
Committee discussed accepting the
current LC, at 1998 values ($169,000 per acre) versus today’s current
market value ($750,00 per acre). At current land values, the owner’s proposal
could result in a potential loss to the Town of approximately $1.6
million. Phase III may be delayed until 2009 at the earliest due to
allocation issues, and land values could be even greater at that time.
Paul DeMelo of Kagen Shastri,
representing the Times Group, reviewed correspondence dated October 17, 2005 outlining the
applicant’s proposal, and noted the Town’s difficulty in delivering parks to
the residents.
Discussions included the shortage of
parkland, development of the entire parkland package instead of smaller parcels,
continuing negotiations with the applicant for the value of the LC and amount
of Phase III parkland, registration of parkland against future phases in the
event the land is sold, and the requirement by the Planning Act that land is to
be valued on the day before draft plan approval. It was noted that Developers
are currently lobbying for a reduced parkland requirement in order to deliver
higher densities.
A motion to refer this matter back to
staff to meet with the Developer to negotiate an agreement, was lost.
Moved by:
Councillor D. Horchik
Seconded
by: Regional Councillor B. O'Donnell
That the
staff presentation, and the deputation by Paul DeMelo of Kagan Shastri,
representing 1107656 Ontario Inc., regarding
parkland conveyance in the Leitchcroft Planning District be received;
And
that the staff report dated January 10, 2006,
entitled “Parkland conveyance applying to the remaining
undeveloped residential phases of the Leitchcroft Planning District”, be
received for information and consideration;
And that the letter dated October 17, 2005,
attached as Appendix A to this report, from the Solicitor representing the
Times Group, proposing an alternative option for parkland conveyance, be
received;
And that the parkland conveyance strategy
proposed by staff for the Phase II A and II B lands, and endorsed by Council in
June 2005, consisting of a conveyance to the Town of a 5.9 acre park block
south of South Park Road and west of Times Avenue, remain in effect;
And that the Town return the letter of credit to
the owner, in the amount of $467,913.97, taken as security for
parkland conveyance associated with Phase II A development, pursuant to the
2002 subdivision agreement (65M-3575);
And that the Phase III parkland
dedication, consisting of 2.05 acres of land plus additional cash- in-lieu (the
amount to be determined based on the number of residential units to be approved
by Council), be dealt with at the time of site plan approval of the Phase III
lands.
CARRIED
7. REQUEST
BY WHITCHURCH-STOUFFVILLE
TO NAME A ROUGE RIVER
TRIBUTARY EXTENDING
INTO MARKHAM (13.5.2)
Memo
Staff was directed to provide an update at Council on January 17,
regarding the proper spelling of the community, and the geographic location of
the creek.
Moved by: Regional Councillor J. Jones
Seconded by: Councillor J. Webster
That the staff memorandum
dated January 3, 2006, and correspondence from the Town of
Whitchurch-Stouffville dated December 13, 2005, requesting to name a tributary
of the Rouge River “Dickson Hill Creek” be received;
And that the Town of Markham
support the proposed stream name of Dickson Hill Creek for the Rouge River
Tributary extending from Whitchurch-Stouffville into Markham through the
community of Dicksons Hill;
And that the Town of
Whitchurch-Stouffville advise the Town of Markham upon submission of the name to the
Geographic Names Society and the decision of the Geographic Names Board in
order to monitor our mapping accordingly.
CARRIED
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Other matters considered by
Development Services Committee on January 10, 2006:
8. REMINGTON
GROUP, MARKHAM CENTRE
DOWNTOWN MARKHAM MARKETING AND
COMMUNICATIONS PLAN (10.8)
The presentation by Remington Group regarding a
Marketing and Communications Plan for Downtown Markham was postponed at the
applicant’s request.
9. REGIONAL
NOISE POLICY (2.10, 13.4)
Daniel Kostopoulos, Manager of Engineering with York
Region, gave a presentation regarding proposed revisions to the Region’s Noise
Policy. Noise-related concerns are being raised during the Class EA process on
all York Region road projects, resulting in this initiative to update the noise
policy. Mr. Kostopoulos outlined the proposed amendments with respect to four key
categories: capital; development; retrofit; and, replacement.
Discussions included retrofit and replacement
scenarios. During capital project operations, noise levels that are currently,
or will be, at least 60dBA, or that will increase by at least 5dBA, will
qualify for consideration of noise mitigation measures, however mitigation will
only occur if the results will be effective.
The proposed policy conforms to the broader policy
objectives of all levels of government, and involved local municipalities,
public, and stakeholder consultation. A final report will be presented to
Regional Council in March, 2006. Staff advised that the Region has been
requested to review some of the ongoing projects in Markham,
including the 9th Line By-pass and Major
Mackenzie Drive projects.
Moved by: Regional Councillor B. O'Donnell
Seconded by: Councillor K. Usman
That the presentation by Daniel Kostopoulos, Manager
of Engineering with York Region regarding proposed amendments to the Regional
Noise Policy, be received.
CARRIED
10. PARKS
CONSTRUCTION PROGRAM (6.11)
Staff provided an overview of the Parks Development
Capital Program for 2006. Discussions included developer up-fronted parks,
Design and Planning Studies, park elements, park delivery timelines, and
proposed process efficiencies.
Committee requested assurance that the Woodbine
Community Park
would be operational in the summer of 2006, and requested that the working
committee for the Anthony Roman site development continue to be involved in
planning the site. Committee also requested that consideration be given to
using qualified external Project Managers to expedite park development.
Staff will report back to the Committee on the 5 year
Parks Capital Program, and will provide regular updates on park construction
status.
Moved by: Regional Councillor B. O'Donnell
Seconded by: Councillor K. Usman
That the staff presentation regarding the Parks
Construction Program be received.
CARRIED
11. HERITAGE
MARKHAM COMMITTEE MINUTES
- December 14, 2005 (16.11)
Minutes
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the minutes of the Heritage Markham Committee
meeting held December
14, 2005, be received for information.
CARRIED
12. MARKHAM PUBLIC
ART ADVISORY COMMITTEE MINUTES
- November 21, 2005 (16.34)
Minutes
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the minutes of the Markham Public Art Advisory
Committee meeting held November
21, 2005, be received for information.
CARRIED
13. DELEGATED
APPROVALS UNDER BY-LAW 2002-202
(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 January 10, 2006.
CARRIED
14. REPORT ON
INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF NOVEMBER 12, 2005 TO DECEMBER 2, 2005 (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 November 12, 2005 to December 2, 2005” and direct staff to process the
applications in accordance with the route outlined in the report.
CARRIED
15. COTTONLANE ESTATES INC.
158, 168 AND 178 OLD KENNEDY ROAD
SUBDIVISION APPLICATION TO
PERMIT 7 RESIDENTIAL
TOWNHOUSE BLOCKS AND 1 MIXED
USE BLOCK (SU 05 023993) (10.7)
Report
Moved by:
Councillor A. Chiu
Seconded
by: Councillor K. Usman
That a Public Meeting be held to consider the subdivision
application (SU 05 023993) and
any related rezoning application that may be required, submitted by Cottonlane
Estates Inc., to permit approximately 75 townhouse units on 7 blocks and a
mixed use block at 158, 168 and 178 Old Kennedy Road;
And that staff schedule a Public Meeting to consider the
subdivision application and any related rezoning application when the issues
outlined in this report have been sufficiently addressed by the applicant to
the satisfaction of the Director of Planning and Urban Design.
CARRIED
16. UNIONVILLE VILLAGE INVESTMENTS INC.
139 MAIN STREET, UNIONVILLE
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
(OP 05 016826, ZA 05 016845) (10.3,
10.5)
Report
David Johnston, representing the
applicant, Unionville Village Investments Inc., was in attendance to answer any
questions.
Moved by:
Deputy Mayor F. Scarpitti
Seconded
by: Councillor J. Webster
That a
Public Meeting be held to consider the applications submitted by Unionville
Village Investments Inc. for Official
Plan and Zoning By-law amendments to permit additional restaurant use at 139
Main Street, Unionville.
CARRIED
17. JOLIS INVESTMENTS, WEST SIDE OF WOODBINE
AVENUE
NORTH OF 16TH AVENUE AT
CALVERT ROAD
ZONING BY-LAW AMENDMENT TO
IMPLEMENT RECENT
REVISIONS TO DRAFT PLAN OF
SUBDIVISION 19T-88018
(ZA 05 025323) (10.5)
Report
Moved by:
Councillor A. Chiu
Seconded
by: Councillor K. Usman
That a
Public Meeting be held to consider the applications submitted by Jolis
Investments for a Zoning By-law Amendment to implement recent revisions to
draft plan of subdivision 19T-88018, located on the west side of Woodbine
Avenue, north of 16th Avenue, at Calvert Road (File ZA 05 025323).
CARRIED
18. 2005 FOURTH QUARTER UPDATE
OF THE STREET NAME RESERVE
LIST (10.14)
Report
1
Moved by:
Councillor A. Chiu
Seconded
by: Councillor K. Usman
That
Development Services Committee receive the updated street name reserve list for
the fourth quarter of 2005 (Appendix ‘A’).
CARRIED
19. JAMES THERIEN, DEMOLITION PERMIT
APPLICATION
FOR HERITAGE HOUSE AT 32
CHURCH STREET
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT
(05 025286 DP) (16.11)
Report
Attach
D
The
Committee had before it, correspondence from James Therien dated January 9, 2006,
withdrawing Demolition Applications 05 025286DP and 05 025287DP for 32 Church
Street.
Mr. Therien
was in attendance and advised he will continue to work with staff to resolve
issues.
Moved by:
Councillor J. Webster
Seconded
by: Regional Councillor J. Heath
That the correspondence from James Therien dated January 9, 2006,
withdrawing Demolition Applications 05 025286DP and 05 025287DP for 32 Church
Street, be received;
And that the Mayor, Ward
Councillor and staff meet with the owner of 32 Church Street to continue their discussions.
CARRIED
20. 2005 MARKHAM CENTRE PERFORMANCE
MEASURES REPORT CARDS (10.8)
Report
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the report entitled “2005 Markham Centre
Performance Measures Report Cards” dated January 10th, 2006, be
received as information.
CARRIED
21. ROGERS WIRELESS INC., 4134 16TH AVENUE
SITE PLAN CONTROL APPLICATION TO PERMIT A
FLAGPOLE STYLE
TELECOMMUNICATIONS TOWER
AT YORK DOWNS GOLF &
COUNTRY CLUB PROPERTY
ON THE WEST SIDE OF KENNEDY
ROAD (SC 05 012687) (10.6)
Report
Councillor J. Virgilio disclosed an interest with respect to the
proposed site plan by Rogers Wireless Inc. at 4134
16th Avenue, by nature of his son being
employed by Rogers Communications, and did not take part in the consideration
or discussion of or vote on the question of the approval of such matter.
Terri
Daniels of Rogers Wireless made a presentation regarding the proposed
telecommunications tower at 4134 16th
Avenue. The Committee received correspondence from
Ms. Daniels, dated November 16, 2005.
Staff
advised that the applicant has a short-term lease on the York Downs property,
whereas the applicant indicated the lease is long-term. Committee directed that
conditions include a requirement to replace worn flags on a timely basis.
Moved by: Councillor J. Webster
Seconded by: Regional Councillor J. Jones
That the correspondence dated November 16, 2005 from Ms. Terri Daniels of Rogers Wireless Inc., regarding the
proposed flagpole style telecommunications tower, be received;
And that the memorandum dated January 10, 2006, entitled “Rogers
Wireless Inc., Site Plan Control Application to Permit Flagpole Style
Telecommunications Tower at the northeast portion of the York Downs Golf &
Country Club property on the west side of Kennedy Road, municipally known as
4134 16th Avenue, SC 05 012687”, be received;
And that the presentation by Ms. Terri Daniels of Rogers Wireless Inc., regarding the
proposed flagpole style telecommunications tower, be received;
And that the application for site plan approval be approved,
subject to the following conditions:
1. The owner
shall submit final drawings, and comply with all requirements
of the Town and authorized public agencies, including the
Region of York, to the satisfaction of the Commissioner of Development
Services;
2.
Industry Canada be advised, in writing, of this approval
and that this
approval is with respect to this location only;
3.
Rogers Wireless Inc. is responsible for all
matters relating to grading, utility
location, external approvals, engineering,
structural design, etc.; and
4. That
site plan approval shall lapse after a period of three years commencing January
10, 2006,
should the development not proceed in a timely manner.
5. That worn flags be replaced on a timely
basis.
CARRIED
22. DRAFT SECONDARY PLAN
FOR THE 404 NORTH PLANNING
DISTRICT (10.3)
Report
Moved by:
Councillor A. Chiu
Seconded
by: Councillor J. Virgilio
That
the report entitled “Draft Secondary Plan for the 404 North Planning District” and the draft Secondary Plan
attached as Appendix ‘A’ to the staff report dated January 10, 2006, be
received;
And
that the draft Secondary Plan be circulated to agencies and to landowners
within the Planning District and be made available to the public;
And
further that staff be authorized to schedule a Public Meeting to consider the
Official Plan Amendment to adopt the draft Secondary Plan, following a
community public information meeting, early in 2006.
CARRIED
23. FEDERATION OF CANADIAN MUNICIPALITIES
PARTNERS FOR CLIMATE ANNUAL
REPORT,
2006 SUSTAINABLE COMMUNITY
AWARDS, AND
2006 CONFERENCE INFORMATION
(10.0)
Moved by:
Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That the
correspondence from the Federation of Canadian Municipalities, dated November
10, 2005, including the 2004-2005 Partners for Climate Protection Annual
Report, information on the 2006 Sustainable Community Awards, and 2006
Conference (February 2-4, 2006 in Ottawa) be received.
CARRIED
24. EMILIO SACCUCCI, COMMENTING ON
HIGHGLEN CHRISTIAN MONTESSORI
SCHOOL
PROPOSED PRIVATE SCHOOL AT
5002 14TH AVENUE (10.3, 10.5)
Moved by:
Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That the
correspondence from Emilio Saccucci dated December 7, 2005, in objection to the
proposal by Highglen Christian Montessori School for a private school at 5002
14th Avenue, be received.
CARRIED
25. MINISTER OF TRANSPORT, IN RESPONSE TO
TOWN OF MARKHAM’S COMMENTS
REGARDING THE
GREEN SPACE STEWARDSHIP
ADVISORY COMMITTEE (13.2)
Moved by:
Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That the
correspondence from the Ministry of Transport, dated December 5, 2005,
responding to Markham’s comments regarding the Green Space Stewardship Advisory
Committee, be received.
CARRIED
26. REGION OF YORK – UPDATE ON THE
YORK-PEEL WATER SUPPLY PROJECT
(13.4)
Moved by:
Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That the
correspondence from York Region, dated December 16, 2005, with respect to
Clause No. 1, Report No. 10 of the Transportation and Works Committee,
providing an update on the York-Peel water supply project, be received.
CARRIED
27. REGION OF YORK – STATUS REPORT
WATER AND WASTEWATER
INFRASTRUCTURE (13.4)
Moved by:
Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That the
correspondence from York Region, dated December 19, 2005, with respect to Clause
No. 2, Report No. 10 of the Transportation and Works Committee, providing a
status report on the water and wastewater infrastructure, be received.
CARRIED
NEW BUSINESS
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IN CAMERA
Moved by:
Regional Councillor B. O'Donnell
Seconded
by: Councillor J. Webster
That the Development Services Committee recess
in-camera at 3:00 p.m. to receive legal advice.
CARRIED
Moved by:
Councillor J. Webster
Seconded
by: Regional Councillor B. O'Donnell
That the
Committee rise from in-camera at 3:25
p.m.
CARRIED
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ADJOURNMENT
The Development Services Committee meeting adjourned at the hour of 3:25 p.m.