MINUTES
DEVELOPMENT SERVICES COMMITTEE
2005-11-22
Meeting No. 19
All
Members of Council
Development
Services Economic
Development
Chair: Councillor G. McKelvey Chair: Councillor J. Virgilio
Vice-Chair: Councillor D. Horchik
PART A - 12:00 noon - Canada Room
PART B - 1:00 p.m. - Council Chamber
Attendance
|
Councillor A. Chiu
Regrets
|
J. Livey, Chief Administrative
Officer
J. Baird, Commissioner of
Development Services
S. Birrell, Town Clerk
R. Blake, Senior Project Coordinator
A. Brown, Director of Engineering
C. Conrad, Town Solicitor
L. Duoba, Project Coordinator
S. Heaslip, Senior Project
Coordinator
R. Hutcheson, Manager of Heritage
I.
James, Senior Planner, Urban Design
S. Marsh, Senior Planner, Urban
Design
V. Shuttleworth, Director of
Planning and Urban Design
B. Wiles, Manager, Enforcement and
Licensing
K. Bavington, Committee Clerk
|
The Development Services Committee convened at the hour of 12:15 p.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-3000,
65M-3453, 65M-3431, 65M-3464,
65M-3250
ENG. FILE #S: 3031 PHASES 4A
AND 4B, 2138, 2125, PHASE 2 AND 88-13 (10.7)
Report
Moved
by: Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That the services in
Subdivision, Registered Plan Numbers 65M-3000, 65M-3453, 65M-3431, 65M-3464 and
65M-3250 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 ‘C’ of the Parking By-law 2005-188, by including no
parking on the streets indicated be approved;
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. ASSUMPTION
OF PLANS OF SUBDIVISION (10.7)
Moved
by: Councillor A. Chiu
Seconded
by: Councillor D. Horchik
Whereas by Memorandum dated September 26,
2005, from the Director of Engineering advising that the guarantee period for
Registered Plans 65M-3064, 65M-3020, 65M-2729, 65M-3246, 65M-3262, 65M-3168,
65M-3178, 65M-3179, 65M-3134, 65M-3248, 65R-17570, 65R-19662, 65R-19658, and
65R-19503, have expired and all conditions of their respective subdivision
agreements have been complied with;
Now therefore be it resolved that the
services in the following subdivisions be assumed:
Daletree Developments Inc. 65M-3064
Cedarland
Properties Limited 65M-3020
Bramblewell
Developments Limited 65M-2729
860152 Ontario
Limited 65M-3246
Hillstar
Estates Inc. 65M-3262
B.
McGregor Developments Limited 65M-3168
1147389 Ontario
Limited 65M-3178
and
65M-3179
Markham
Glen Inc. and Minto (Markham) Limited 65M-3134
and
65M-3248
(Chiavatti
Drive) Parts 1, 3 and 19 65R-17570
(South
Unionville Avenue) Parts 1 to 9 inclusive 65R-19662
and
Parts12 to 17 inclusive
(South
Unionville Avenue) Parts 1, 7, 8, 10 and 11 65R-19658
(Piera
Gardens) Parts 2 and 4 65R-19658
(Annina
Crescent) Part 6 65R-19658
(South
Unionville Avenue) Part 5 65R-19503
And that the Mayor and Clerk be
authorized to execute the necessary releases from the terms of the subdivision
agreements;
And further that the necessary by-laws
be enacted to establish roads within the subdivisions as part of the highways
of the Town of Markham.
CARRIED
3. HERITAGE
EASEMENT AGREEMENTS
PROPERTY TAX REDUCTION PROGRAM
FOR
HERITAGE PROPERTIES (16.11,
7.1)
Report
Moved by: Regional Councillor
J. Heath
Seconded by: Councillor D.
Horchik
That the Mayor and Clerk be authorized to
execute Heritage Easement Agreements with the
property owners for the properties identified on Schedule “A” attached to the report dated November 22,
2005, and any other documents required to give effect thereto, in a form
satisfactory to the Town Solicitor.
CARRIED
4. VARIANCE
TO THE FENCE BY-LAW 277-97
AT 94 COUNTRY GLEN ROAD (2.19)
Report
Staff provided a verbal update on discussions with the
neighbour for noise attenuation solutions. Committee was advised that the
neighbour is not prepared to install a timer for the pump filter at this time,
and has expressed concern for the proposed increased fence height. Staff
confirmed that the neighbour was advised of today’s meeting.
Adam Znajewski, applicant, addressed the Committee regarding
the results of the three noise tests performed, and the amendment to the zoning
by-law with respect to placement of the pump filter. Mr. Znajewski discussed
privacy issues and requested approval of his application for a variance to the
fence by-law.
Staff responded to comments. A motion to defer this
matter to Council was lost.
Moved by: Councillor S. Daurio
Seconded by: Regional
Councillor B. O'Donnell
That the verbal update by the Manager of Enforcement
and Licensing regarding the request for variance to Fence By-law 277-97, be
received;
And that the deputation by Adam Znajewski, applicant,
be received;
And that the report entitled
“Variance to the Fence By-Law 277-97 at 94 Country Glen Road” to Development Services Committee,
dated November 8, 2005 be received;
And that the request to grant
relief from the provisions of the Fence By-Law 277-97 to permit a 2.4 m (8 ft.)
high privacy wood fence, whereas 1.8 m (6 ft.) is the maximum permitted fence
height in a side yard, be denied.
CARRIED
5. LITTLE
ROUGE CREEK MANAGEMENT PLAN UPDATE (10.3)
Report
Staff provided an update on the Little Rouge Creek
Management Plan, advising that while staff is in agreement with the general
direction of the plan, there is concern about financial implications.
Staff reviewed the recommendations listed in the
report dated November
22, 2005.
Committee agreed to amend the wording of Clause 5 of the
recommendation, as shown on Page 79 of the Agenda, with respect to identifying
private lands separately from public lands. With respect to the specific recommendations
in Appendix ‘B’ of the staff report, concern was expressed for the potential
use of pesticides, and as a result, reference to “sustainable agricultural practices”
was added to #9. In # 11, the specific reference
to “heritage” buildings was deleted.
Moved by: Councillor J.
Virgilio
Seconded by: Deputy Mayor
Frank Scarpitti
That the staff report entitled “Update on the Little Rouge Creek Corridor Management Plan”,
dated November 22, 2005, be received;
And that the Rouge Park Alliance identify locations and
opportunities within the public corridor lands for appropriate uses and activities
to support a long-term financially sustainable source of revenue to support capital
park infrastructure construction costs and ongoing management costs;
And that the Rouge Park Alliance prepare a phased
financial strategy including public and private sector funding opportunities,
and based on a fair share funding model including the participation of all
Rouge Park Alliance partners;
And that the Toronto and Region Conservation
Authority and Rouge Park Alliance support the regional public use function of
the Rouge Park - Little Rouge Creek corridor in Markham and provide specific
locations or locational criteria for a broad spectrum of low intensity
recreation, cultural and interpretive uses to help support the regional park
system;
And that the publicly-owned Little Rouge Creek
corridor be clearly demarcated with management recommendations applicable only to
the lands identified as Rouge Park through the public conveyance, and that
private lands be identified separately from the public lands
as part of the Little Rouge Creek corridor;
And that Council endorse the additional specific recommendations
attached as Appendix ‘B’, as amended;
And that the staff report and amended Appendix
‘B’ recommendations, be submitted to the Rouge Park Alliance and Toronto and
Region Conservation Authority as input into the Little Rouge Creek Management
Plan planning process.
CARRIED
6. LASSETER
DEVELOPMENTS INC.
(EL-EN REALTY LTD. AND HAREMAR
REALTY LTD.)
SOUTH OF MAJOR MACKENZIE
DRIVE, WEST OF
MCCOWAN ROAD, BERCZY VILLAGE
COMMUNITY
ZONING BY-LAW AMENDMENT AND
DRAFT PLAN
OF SUBDIVISION APPROVAL (ZO 98
229082, SU 98 229081) (10.5, 10.7)
Report
Moved by: Councillor J.
Virgilio
Seconded by: Regional
Councillor B. O'Donnell
That
the draft plan of subdivision 19TM-98020, prepared by KLM Planning Partners
Inc., dated March 24, 2004, to permit 27 single detached lots, south of Major
Mackenzie Drive, west of McCowan Road, be approved subject to the conditions of
draft plan approval as set out in Appendix ‘A’ to the staff report dated
November 22, 2005;
And
that the application submitted by Lasseter Developments Inc. to amend Zoning
By-laws 177-76 and 304-87, as amended, be approved, and the draft by-law
attached as Appendix ‘B’ to the staff report dated November 22, 2005, be
enacted;
And that the applicant agree to pay their proportionate share of the
Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;
And
that Lasseter Developments Inc. be granted a servicing allocation of 27 units,
such allocation to be from the total allocation for the Berczy Community, in
accordance with the February
15, 2005 report on servicing allocation;
And that the Town reserves the right to revoke or
reallocate the servicing allocation for this development;
And that the Region of York be advised of the
servicing allocation for this development;
And
that the applicant provide the Town with the required payment of 30%
subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-189);
And further that the draft plan
approval for plan of subdivision 19TM-98020 will lapse after a period of three
years commencing November
29, 2005, in the event that a subdivision agreement is not executed
within that period.
CARRIED
7. KENNEDY MACKENZIE CONSIX INVESTMENT
LIMITED
EAST OF KENNEDY ROAD, SOUTH OF
MAJOR MACKENZIE
DRIVE, BERCZY VILLAGE
COMMUNITY
ZONING BY-LAW AMENDMENT AND
DRAFT PLAN OF
SUBDIVISION APPROVAL TO PERMIT
27 PART LOTS AND
14 SINGLE DETACHED LOTS (SU 04
028638) (10.7)
Report
Moved by: Councillor S. Daurio
Seconded by: Councillor A.
Chiu
That the draft plan of subdivision 19TM-040017,
(File SU 04 028638) prepared by Macaulay Shiomi Howson Ltd, dated November 12,
2004, to permit 27 part lots and 14 single detached lots, east of Kennedy Road,
south of Major Mackenzie Drive on the north and south side of Thomas Foster
Street, be approved subject to the conditions of draft plan approval as set out
in Appendix ‘A’ to the staff report dated November 22, 2005;
And that the application submitted by Kennedy
Mackenzie Consix Investment Limited to amend Zoning By-laws 177-76 and 304-87,
as amended, be approved, and the draft by-law attached as Appendix ‘B’ to the
staff report dated November 22, 2005, be enacted;
And that the applicant agree to pay
their proportionate share of the Hwy. 48 flow control measures, to the
satisfaction of the Director of Engineering;
And that Kennedy Mackenzie Consix Investment
Limited be granted a servicing allocation of 27.5 units, such allocation to be
from the total allocation for the Berczy Community, in accordance with the February 15, 2005 report
on servicing allocation;
And that the Town reserves
the right to revoke or reallocate the servicing allocation for this
development;
And that the Region of York be advised
of the servicing allocation for this development;
And
that the applicant provide the Town with the required payment of 30%
subdivision processing fees in accordance with the Town’s Fee By-law (By-law
17-2000);
And further that the draft plan
approval for plan of subdivision 19TM-040018 will lapse after a period of three
years commencing November
29, 2005, in the event that a subdivision agreement is not executed
within that period.
CARRIED
8. SERVICING
ALLOCATION (5.5)
Report a b c letter
1 letter
2 letter
3
Committee received
correspondence from Mary Flynn-Guglietti of McMillan Binch Mendelsohn,
representing Shouldice Hospital, requesting deferral of a decision regarding
sewage capacity for 90 days, and from Rudy Buczolits of Ruland Properties Inc.,
with comments regarding the servicing allocation for Markham Centre.
Al
Bishop, representing the Cornell Landowner’s Group, indicated support for the continuing
negotiations with the Region, but disagreed with the specific allocation to
Cornell, as Cornell is ranked as a # 2 priority in the new development category
and is a model community for New Urbanism.
Bobby
Bhoola, representing Ballentry, stated his concern that the allocation to the
Wismer Trustee may result in dust bowl areas within the community.
Steve
Schaefer, representing Greensborough, discussed the progress of the
development, front-ending of services, and provisions of infrastructure and public
lands. He advised that Greensborough reluctantly accepts the current allocation
distribution and requests higher priority in future allocations.
Committee
requested the delegates provide a written copy of their presentations.
Staff
responded to comments. Committee discussed various issues, including the allocation
for Shouldice, and concluded that in keeping with its lack of advancement,
allocation for Phase I is sufficient. It will be further considered as the
development evolves. It is hoped that the PPU adjustment will result in revised
priorities.
Moved by: Regional Councillor
J. Heath
Seconded by: Councillor J.
Virgilio
That correspondence dated November
21, 2005,
from Mary Flynn-Guglietti of McMillan Binch Mendelsohn, representing Shouldice Hospital, requesting deferral of a decision
regarding sewage capacity for 90 days, be received;
And
that correspondence dated November 15, 2005, from Rudy Buczolits of Ruland
Properties Inc., with comments regarding the servicing allocation for Markham
Centre, be received.
And that the November
22, 2005
report entitled “Servicing Allocation,” be received;
And that Markham Council
allocate servicing capacity as noted in Appendix ‘A’;
And that the attached “Use it
or Lose it” policy (Appendix ‘B’), be adopted;
And that the written
submissions regarding servicing allocation, included in Appendix ‘D’ (distributed
under separate cover), be received;
And that existing communities
currently on private services, wishing to up-grade to municipal service, will
not be prohibited from doing so due to servicing allocation;
And that staff be directed to
continue to work with Regional staff to achieve additional servicing allocation
capacity for Markham through all appropriate means,
including but not limited to the following:
- revised
persons per unit assumptions that better reflect forecast population by
dwelling unit type;
- monitoring of
actual usage rates;
- additional
flow control options;
- re-rating of
the treatment plant;
- distribution
of the regional reserve; and
- incentives for
development projects demonstrating more efficient use of servicing
capacity and other resources, and in particular LEED certified projects.
And that staff report back
regularly to Development Services Committee, regarding the status of servicing
allocation and the ongoing discussions with the Region and affected
stakeholders.
And
that staff report back on sewer capacity in conjunction with discussions with
the Region.
CARRIED
-----------------------------------------------------------------------------------------------------------------
Other matters considered at
Development Services Committee on November 22, 2005:
9. TVO
STUDIO 2, NOVEMBER 8, 2005
SEGMENT ON TOWN OF MARKHAM (10.0)
Staff introduced a film clip of the TVO Studio 2 presentation regarding
gridlock and urban issues.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor E. Shapero
That the staff presentation from
TVO Studio 2, November 8, 2005, regarding a segment on the Town of Markham, be
received.
CARRIED
10. PRESENTATION OF SERVICE AWARDS (12.2.6)
The following staff were presented with service awards:
James Baird, Commissioner of Development Services – 25
years
Margrit Frederickson, Alarm Room Operator, Fire and
Emergency Services – 25 years
Stuart Taylor, Director, Strategic Services, Community
and Fire Services Commission – 20 years
Eduardo Celis, Provincial Offences Officer II, By-law
Enforcement and Licensing – 15 years
Isa James, Senior Planner, Urban Design, Planning and
Urban Design – 5 years
Freda Lee, Website Administrator, Information
Technology Service – 5 years
Rachel Nunno, Parks Labourer/Driver, Parks Maintenance
– 5 years
Richard Kendall, Senior Project Coordinator, Planning
and Urban Design – 3 years
11. HERITAGE
MARKHAM COMMITTEE MINUTES
- November 9, 2005 (16.11)
Minutes
Committee received correspondence from
Nigel Connell and Brian Ryan, with concerns regarding the issuance of a
Building Permit for 107 John Street
(Item # 4 of the Heritage Markham Minutes). Staff advised that they will
respond to the inquiries.
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That correspondence dated November 21,
2005, from Nigel Connell, 25 Colborne Street, and from Brian Ryan, dated
November 22, 2005, with concerns regarding the issuance of a Building Permit
for 107 John Street, be received and referred to staff;
And that the minutes of the Heritage Markham Committee
meeting held November 9,
2005, be received for information.
CARRIED
12. DELEGATED
APPROVALS UNDER BY-LAW 2002-202 (DM 2001-03) (10.6)
Report
Moved
by: Councillor A. Chiu
Seconded
by: Councillor D. Horchik
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 November 22, 2005.
CARRIED
13. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF OCTOBER 8, 2005 TO OCTOBER 28, 2005 (10.0)
Report
Moved
by: Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That Committee receive the
report entitled “Report on Incoming Planning Applications for the
period of October 8, 2005 to October 28, 2005” and direct staff to process the
applications in accordance with the route outlined in the report.
CARRIED
14. 594607
ONTARIO LIMITED, MICHAEL DELLI-BENEDETTI
32 WASHINGTON ST, MARKHAM
VILLAGE HERITAGE DISTRICT
ZONING AMENDMENT ‑
ZONING USE CATEGORY (ZA-05-017696) (10.5)
Report
Moved
by: Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That a Public Meeting be held to consider the
application submitted by 594607 Ontario Limited (Michael Delli‑Beneditti)
for a Zoning By‑law Amendment to permit the use of the subject lands for
semi‑detached residential development.
CARRIED
15. NEAMSBY
INVESTMENT INC., 95 DUFFIELD DRIVE
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPROVAL
TO PERMIT A BANQUET HALL (ZA
05 024222, SC 05 022598) (10.5)
Report
Moved
by: Councillor A. Chiu
Seconded
by: Councillor D. Horchik
That a Public Meeting be held to consider Zoning
Amendment application (ZA 05 024222) submitted by Neamsby Investments Inc. to
permit a banquet hall at 95 Duffield
Drive.
CARRIED
16. YORK
REGION DISTRICT SCHOOL BOARD
MARKHAM NORTH SECONDARY SCHOOL
933 BUR OAK AVENUE, WISMER
COMMUNITY
APPLICATION FOR SITE PLAN
APPROVAL (SC 05 015448) (10.6)
Report
Moved by: Councillor J.
Webster
Seconded by: Regional
Councillor B. O'Donnell
That the site plan application
by the York Region District School Board to permit a new Secondary School at 933 Bur Oak Avenue in the Wismer Community be approved, subject
to the following conditions:
- That the Owner give a written undertaking to the
Town that it will construct the project in accordance with the approved
plans;
- That the Owner submit and receive approval for a
Landscape Plan, prepared by a Landscape Architect having O.A.L.A.
membership;
- That the owner satisfy Town Departments including
all requirements of the Director of Engineering, the Fire Department, and
the Waste Management Department;
- That the undertaking provide that the Owner
agrees to pay for the removal of the section of the centre median on Bur
Oak Avenue and for the required signage to prohibit through traffic onto
Wingrove Street;
- 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;
- That the site plan
approval shall lapse after a period of three years commencing November
22, 2005 in the
event an undertaking is not executed within that period.
CARRIED
17. SHOULDICE
HOSPITAL LTD., 7750 BAYVIEW AVENUE
DRAFT PLAN OF SUBDIVISION
19T-95002
TOWN INITIATED ZONING BY-LAW
AMENDMENT AND
REVISIONS TO CONDITIONS OF
DRAFT PLAN OF SUBDIVISION
APPROVAL TO REFLECT THE TOWN’S
REDUCTION IN
SERVICING ALLOCATION (SU
95001) (10.7)
Report
Committee received and
considered correspondence from Mary Flynn-Guglietti of McMillan Binch
Mendelsohn, representing Shouldice Hospital, requesting deferral of a decision
regarding sewage capacity for 90 days. Staff was requested to meet with the potential purchaser of the
property to explain the implications of the servicing allocation.
Moved by: Regional Councillor
B. O'Donnell
Seconded by: Regional
Councillor J. Heath
That correspondence dated November
21, 2005,
from Mary Flynn-Guglietti of McMillan Binch Mendelsohn, representing Shouldice Hospital, requesting deferral of a decision
regarding sewage capacity for 90 days, be received;
And
that a Public Meeting be held to consider the Town-initiated Zoning By-law
Amendment and revisions to conditions of
draft plan of subdivision approval 19T-95002 for Shouldice Hospital Ltd. 7750
Bayview Avenue, File No. SU 95001.
CARRIED
COMMUNICATIONS
RECOMMENDATION:
That Development Services Committee receive and
consents to the disposition of Item Nos. 18 to 19 in the following manner:
18. OMB
REFORM, A COALITION FOR REFORMING
THE ONTARIO MUNICIPAL BOARD
(10.0)
Committee had before it Council Resolutions dated March 9, 2004 and August 31, 2005, for background information.
Moved by: Regional Councillor
B. O'Donnell
Seconded by: Councillor A.
Chiu
That the correspondence from OMB Reform, a coalition
for reforming the Ontario Municipal Board, seeking support and asking the Town
to request support from the local MPP, be received, and that
staff respond, reaffirming Markham’s
position.
CARRIED
19. ONTARIO
POWER AUTHORITY (OPA) RE: EB-2005-0315,
THE YORK REGION ELECTRICITY
SUPPLY (13.8)
Committee had before it correspondence from Jim Baird
to the Ontario Energy Board dated November 1, 2005, and Council resolutions dated September 27, 2005, and September 13, 2005, for background
information.
Moved by: Regional Councillor
J. Heath
Seconded by: Councillor A.
Chiu
That the correspondence from the Ontario Power
Authority, dated November 14, 2005, regarding the Ontario Energy Board hearing
on the York Region Electricity Supply, EB-2005-0315, be received.
CARRIED
NEW BUSINESS
20. PICKERING AIRPORT UPDATE (13.1)
Deputy Mayor F. Scarpitti provided a handout from
Transport Canada
dated November 2005, and gave an update on the Due Diligence Review with respect
to Airport Planning Studies and Pickering lands. The Town will have an
opportunity to submit names for membership on the three-level committee system
being formed. The Minister has agreed to meet with staff, and a further update
will be provided.
Moved by: Regional Councillor B. O'Donnell
Seconded by: Councillor E. Shapero
That the Pickering
Airport update by Deputy Mayor F.
Scarpitti be received.
CARRIED
PART C
Public Meeting
7:00 p.m. - Council Chamber
Attendance
|
Regrets
Mayor D. Cousens
Councillor K. Usman
Councillor D. Horchik
|
J. Baird, Commissioner of
Development Services
A. Taylor, Commissioner of Corporate
Services
S. Birrell, Town Clerk
D. Miller, Senior Planner
N. Pileggi, Planner
M. Wouters, Senior Planner
V. Shuttleworth, Director of
Planning and Urban Design
B. Wiles, Manager, Enforcement and
Licensing
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.
21. L & P FINANCIAL GROUP INC., 31 OLD
KENNEDY ROAD
REZONING AND SITE PLAN
APPLICATIONS TO PERMIT
A STACKED TOWNHOUSE AND
MIXED-USE DEVELOPMENT
(ZA 04 027345, SC 04 027346)
(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 027345, submitted by L & P Financial Group
Inc. to permit a stacked townhouse and mixed-use development at 31 Old Kennedy
Road.
Committee was advised that 48
notices were mailed on November 2, 2005, and a Public Meeting sign was
posted on November 1, 2005. There were no written submissions
received.
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Alfred Szeto of Szeto
Architects, representing the applicant, L & P Financial Group Inc., was in
attendance.
Committee had comments on urban
design issues and energy efficiency initiatives.
There were no comments from
the public with respect to this application
Moved by: Regional Councillor
B. O’Donnell
Seconded by: Councillor A.
Chiu
That the Development Services
Commission report dated February 15, 2005 entitled “Preliminary Report, L &
P Financial Group Inc., rezoning and site plan applications to permit a stacked
townhouse and mixed use development at 31 Old Kennedy Road (ZA 04 027345, SC 04
027346)” be received;
And that the record of the
Public Meeting held on November 22, 2005, with respect to the proposed
rezoning application be received;
And further that the rezoning
application by L & P Financial Group Inc. be referred back to staff for a
report and recommendation.
CARRIED
22. 777192 ONTARIO LTD (COSTCO/RIOTRIN)
7555 MARKHAM ROAD, SUBDIVISION
APPLICATION
FOR COMMERCIAL USES
(19TM-05017) (SU 05 021138) (10.7)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed subdivision
application, File SU 05 021138, submitted by 777192 Ontario Ltd. (Costco/Riotrin)
for commercial uses at 7555 Markham Road.
Committee was advised that 28
notices were mailed on November 2, 2005, and a Public Meeting sign was
posted on November 1, 2005. Committee received one written
submission from Heera Firasat and Razia Begum, 290 Golden Avenue, in objection.
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Roslyn Houser of Goodmans, representing the applicant, 777192 Ontario
Ltd., was in attendance.
There were no comments from
the public with respect to this application.
Moved by: Regional Councillor
B. O’Donnell
Seconded by: Councillor A.
Chiu
That the written submission
from Heera Firasat and Razia Begum, in opposition to the proposed subdivision
application, File SU 05 021138, submitted by 777192 Ontario Ltd. (Costco/Riotrin)
be received;
And that the Development
Services Commission report dated October 18, 2005 entitled “Preliminary Report,
777192 Ontario Ltd., (Costco/Riotrin), 7555 Markham Road, Subdivision
application for commercial uses at the southeast corner of Markham Road and
Kirkham Drive (19TM-05017, SU 05-021138)” be received;
And that the record of the
Public Meeting held on November 22, 2005, with respect to the proposed plan
of subdivision be received;
And further that the plan of
subdivision application by 777192 Ontario Ltd. be referred back to staff for a
report and recommendation.
CARRIED
23. FRONT YARD PARKING PROVISIONS
TOWN-INITIATED ZONING BY-LAW
AMENDMENT
(ZA 04 025944) (10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed
Town-initiated zoning by-law amendment for front yard parking provisions, File
ZA 04 025944.
Committee was advised that 17
notices were mailed on November 2, 2005, and a Public Meeting notice was
published in the Markham Economist and Sun on Tuesday
November 1, 2005, and the Thornhill Liberal. The Committee received written submissions from:
1. Barb Smith, with comments
2. Reid McAlpine, 27 Victoria Avenue, in support
3. Richard Talbot, in support
4. Jack and Xinghua Shi, 119 Warren Bradley Street, with comments
5. Thomas Lo, with concerns
6. Eileen Liasi, 9 Aberfeldy Crescent, with concerns
Staff gave a detailed presentation
regarding the proposal.
The following members of the
public spoke in opposition to the proposal for amendments to the parking
provisions:
1. Shirley Mootoo, 48 Karen Miles Crescent
2. Thomas Lo, 2 Waggoners Wells Lane
3. Nirmala Persaud-Armstrong
4. Karnail Singh, 149 Aldergrove Drive
5. Wayne Moss, 21 Wales Avenue
6. Sharon Fortis, 3 Bronte Road
7. Casey Chung, 19 Pembrooke Road
8. Mehran Barday, 17 Chloe Crescent
9. Amil Warwer
10. Doug Denby, 137 Main Street, Unionville
Their comments included:
-
Clarification needed for single garage homes, corner lots, and where
there is no garage
-
Markham is an urban area, and most
residents rely on cars
-
Many cannot afford a bigger house and a two-car garage
-
Parking is needed for growing families, second families, and tenants
-
Safety issues related to on-street parking, such as snow plows
-
Grandfathering clause requested
-
Why have only certain properties been targeted for enforcement, and not
all of them
-
Properties that have the whole front yard paved have not been dealt
with
-
It is inconvenient to park on street – time restrictions, snow plows, and
tickets
-
It is inconvenient with narrower driveways – jockeying cars and
anti-idling by-laws
- Some residents who had requested
notification were not notified of this Public Meeting
- Request that all Bronte Road residents, particularly # 3 and #
31 receive future notice
- A friendlier approach is needed
- Clarification requested for Heritage areas
and for turn-arounds
The following members of the
public spoke in support of the proposal for amendments to the parking
provisions:
1. Thomas Lee
2. Eileen Liasi, 9 Aberfeldy Crescent
Their comments included:
-
Town has not enforced occupation of single family dwellings and has
allowed multiple families, resulting in a demand for parking spaces
-
Grandfathering is not feasible, as it rewards those who did it illegally
and is not fair to those who did not
-
Support Town’s efforts to deal with infractions
-
Opposed to increasing overnight street parking, as it will interfere
with snow plows and street cleaning, it will encourage second suites, and it
will result in derelict vehicles and cars for sale being parked on the
street
-
It is the responsibility of owners to ensure their home will meet their
parking needs
-
People who have bought homes as an investment should not break the
by-laws and Provincial housing standards by increased residency.
-
Suggested that using a private, for-profit company to enforce the by-law
would ensure compliance
-
Questioned if the intention is to permit second suites and rooming
houses
Staff responded to some of the
comments with respect to single car garage provisions, corner lots, Heritage
areas and turn-arounds. Grandfathering is not feasible, as the infractions are
not legally non-conforming, and the proposed provisions are more permissive. The
issue is not the location of the driveway and paving, but the location of where
the cars are parked, which means that paved areas would not have to be restored
unless it is on a public portion of the property, as it may interfere with
access to utilities and infrastructure. On-street parking would be considered
on a street-by-street basis, as each situation is different.
Staff also addressed
enforcement issues relating to overnight parking and parking on Tamarack Drive, second suites, utilizing garages
for parking instead of storage, parking of commercial and recreational
vehicles, and provision of notification.
Committee confirmed that this
proposal is not dealing with second suites, but emphasized that for safety
reasons such dwellings should be
inspected by the Fire Department.
Committee discussed their
concerns regarding parking problems in Markham, and possible solutions. Concern
was expressed that any by-law amendments be in place by the spring to avoid a
rush of paving prior to adoption of the new provisions. Public awareness of the
by-laws is needed.
Staff provided a final
summation, and will try to address all the concerns in the final report
targeted for January, 2006. The Chair advised the public to leave their name
with staff, and to check the Town’s website for notification of future
meetings. Committee directed staff to notify residents who had received Compliance
Orders within the past 12 months.
Moved by: Councillor S. Daurio
Seconded by: Deputy Mayor F. Scarpitti
That the written submissions
from Reid McAlpine and Richard Talbot, in support, and from Barb Smith, Jack
and Xinghua Shi, Thomas Lo, and Eileen Liasi, with comments and concerns
regarding the proposed Town-initiated zoning by-law amendment for front yard
parking provisions, File ZA 04 025944, be received;
And that the deputations by Shirley
Mootoo, Thomas Lo, Nirmala Persaud-Armstrong, Karnail Singh, Wayne Moss, Sharon
Fortis, Casey Chung, Mehran Barday, Amil Warwer, and Doug Denby, in opposition;
and from Thomas Lee and Eileen Liasi, in support of the proposed Town-initiated zoning by-law
amendment for front yard parking provisions, File ZA 04 025944, be received;
And that the Planning
Department report dated August 30, 2005 entitled “Front Yard Parking in
Residential Areas, Discussion and Options”, File No. ZA 04 025944, be received.
And that the record of the
Public Meeting regarding the private property parking in front and side yards
strategy, including a proposed zoning by-law amendment, proactive enforcement
and expanded on-street parking permissions, held on November 22, 2005, be
received;
And further that the strategy be
referred back to staff for a report and recommendation.
CARRIED
ADJOURNMENT
The Development Services Committee meeting adjourned at the hour of 9:25
p.m.