MINUTES

DEVELOPMENT SERVICES COMMITTEE

2004-03-02

 

PART A - 11:00 a.m. – Canada Room

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

 

Attendance

 

Chair:  Councillor G. McKelvey Members:             Deputy Mayor  F. Scarpitti (11:30)                 Regional Councillor J. Heath             Regional Councillor J. Jones             Regional Councillor B. O’Donnell             Councillor S. Daurio             Councillor J. Virgilio (1:25)             Councillor J. Webster             Councillor D. Horchik (11:10)             Councillor K. Usman (11:20)

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services C. Conrad, Town Solicitor O. Bar-Moshe, Assistant Town Solicitor B. Cribbett, Treasurer V. Shuttleworth, Director of Planning and Urban      Design D. Clark, Town Architect T. Lambe, Manager, Policy and Research L. Irvine, Manager, Parks and Open Space Planning R. Hutcheson, Manager of Heritage A. Mukherjee, Manager, Transportation Engineering B. Karumanchery, Senior Project Coordinator R. Kendall, Senior Project Coordinator L. Duoba, Project Coordinator M. Boyce, Senior Policy Coordinator M. Urquhart, Senior Planner M. Wouters, Senior Planner G. Day Planner N. Surti, 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

 

 

1.         FINAL ASSUMPTION, RESIDENTIAL PLANS OF SUBDIVISION (10.7)

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor J. Jones

 

Whereas, by Memorandum dated October 30, 2003 the Director of Engineering advised that the guarantee periods for Registered Plans 65M-2073, 65M-2964, 65M-2965, 65M-2900, 65M-2443, 65M-3142, 65M-2951, 65M-2352 and 65M-3177 have expired and all securities have been returned to the owners;

Now therefore be it resolved:

 

That the services in the following subdivisions be assumed:

 

434023 Ontario Limited                                   65M-2073

Sixteenth Warden Limited                                 65M-2964 and 65M-2965

Bramalea Limited                                              65M-2900

Inventure Developments Incorporated   65M-2443

Unionville Woods Limited                                 65M-3142

Monarch Construction Limited              65M-2951

Rust Developments Ltd.                                    65M-2352

Baystore Developments Inc.                             65M-3177;

 

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

 

 

2.         1473092 ONTARIO LTD., METRUS DEVELOPMENT INC.
            UP-FRONTING OF THE DESIGN AND CONSTRUCTION
            OF A NEIGHBOURHOOD PARK IN UPPER CORNELL (6.3)  Weblink

 

Moved by: Councillor K. Usman

Seconded by: Councillor D. Horchik

 

That the report dated March 2, 2004, to Development Services Committee, entitled “Up-fronting of the Design and Construction of a Neighbourhood Park by 1473092 Ontario Ltd. in Metrus Development Inc.’s Upper Cornell” be received;

 

And that Council approve the request by 1473092 Ontario Ltd. to up-front the cost of design, construction and contract administration of the 4.72 acre neighbourhood park in Upper Cornell (Cornell Phase 6) subject to the following conditions:

 

1. That 1473092 Ontario Ltd. up-front the cost of the design, construction and contract administration of the neighbourhood park to minimum value of $95,000.00 per acre which totals approximately $448,400.00 inclusive of all applicable taxes;

 

2. That, subject to compliance with these terms and conditions, the Town of Markham reimburse 1473092 Ontario Ltd. up to $448,400.00 towards this project from development charges for park development under the understanding that 1473092 Ontario Ltd. may contribute additional funds, which will not be reimbursable by the Town, towards the development of this park;

 

3. That the Town reimburse 1473092 Ontario Ltd. for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of the neighbourhood park up to a maximum of $448,400.00, less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $448,400) at the building permit stage for residential lots within the Cornell Community to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

 

4. That owners / developers within the Cornell Community, including 1473092 Ontario Ltd. not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cornell Community;

 

5. That 1473092 Ontario Ltd. hire a landscape architect who is a full member of the OALA, and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

 

6. That 1473092 Ontario Ltd. conform with the Town’s standard park and open space approval process which includes development of several design concepts, holding community input meetings, presentation to selected Standing and Advisory Committees, as well as review and approval by the Planning and Urban Design Department in consultation with the Parks Operations Department. This process will also be informed by the Town’s on-going Recreation Master Plan Update Study which will establish park facility requirements and priorities;

 

7. That 1473092 Ontario Ltd. agree to the deferral of the design approval of all other parkettes and urban open spaces within Upper Cornell so that these elements can be designed, reviewed and approved in a coordinated manner with the design of this park. The construction of these specific elements, prior to the Town assuming the subdivision, are an obligation of 1473092 Ontario Ltd. as set out within the subdivision agreement;

 

8. That 1473092 Ontario Ltd. tender out the construction of the park works in accordance with Markham’s Purchasing By-law, including a minimum of three bidders to the satisfaction of the Town and a 2 year detailed maintenance contract for the park to the Town’s satisfaction as part of the tendered works. Costs for the 2 year maintenance contract are the responsibility of 1473092 Ontario Ltd.;

 

9. That, notwithstanding the requirements noted above in Condition (8), 1473092 Ontario Ltd. shall also maintain the park to Town standards, from the time that it is built until such time as the park would normally have been built in accordance with the Town’s park development strategy for Cornell (which normally coincides with the time when sufficient Development Charges for park development have been collected within the Cornell Community to warrant starting park construction). The Town will not reimburse 1473092 Ontario Ltd. for costs associated with this additional maintenance obligation for the park;
10. That this park be included in the Urban Design, Development Services Commission, 2005 Capital Budget submission;

 

11. That these terms and conditions be included in the Subdivision Agreement for this draft plan.

CARRIED

 

 

3.         WYKLAND ESTATES INC., CORNELL COMMUNITY
            UP-FRONTING OF THE DESIGN AND CONSTRUCTION
            OF TWO PARKS IN AREA 2 AND 3, PHASE 1 (6.3)  Weblink

 

Moved by: Councillor K. Usman

Seconded by: Councillor J. Webster

 

That the report dated March 2, 2004, to Development Services Committee, entitled “"Up-fronting of the Design and Construction of Two Parks by Wykland Estates Inc. in Area 2 and 3, Phase 1 within the Cornell Community” be received;

 

And that Council approve the request by Wykland Estates Inc. to up-front the cost of design, construction and contract administration of two parks (Blocks 344 and 342) in Area 2 and 3, Phase 1 within the Cornell Community, subject to the following conditions:

 

1.   That Wykland Estates Inc. up-front the cost of the design, construction and contract administration of two parks (totalling 2.995 acres in area) to a minimum value of $95,000.00 per acre which totals approximately $284,525.00 inclusive of all applicable taxes;

 

2.   That, subject to compliance with these terms and conditions, the Town of Markham reimburse Wykland Estates Inc. up to $284,525.00 towards this project from development charges for park development under the understanding that Wykland Estates Inc. may contribute additional funds, which will  not be reimbursed by the Town, towards the development of these parks;

 

3.   That the Town reimburse Wykland Estates Inc. for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of these parks up to a maximum of $284,525.00, less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $284,525) at the building permit stage for residential lots within the Cornell Community to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

 

4.   That owners / developers within the Cornell Community, including Wykland Estates Inc. not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cornell Community;

 

5.   That Wykland Estates Inc. hire a landscape architect who is a full member of the OALA, and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

 

6.   That Wykland Estates Inc. conform with the Town’s standard park and open space approval process which includes development of several design concepts, holding community input meetings, presentation to selected Standing and Advisory Committees, as well as review and approval by the Planning and Urban Design Department in consultation with the Parks Operations Department. This process will also be informed by the Town’s on-going Recreation Master Plan Update Study which will establish park facility requirements and priorities;

 

7.   That Wykland Estates Inc. agree to the deferral of the design approval of all other parkettes and urban open spaces within Area 2 and 3, Phase 1, so that these elements can be designed, reviewed and approved in a coordinated manner with the design of these two parks that are the subject of this report. The construction of these specific elements prior to the Town assuming the subdivision, are an obligation of Wykland Estates Inc. as set out within the subdivision agreement;

8.   That Wykland Estates Inc. tender out the construction of the park works in accordance with Markham’s Purchasing By-law, including a minimum of three bidders to the satisfaction of the Town and a 2 year detailed maintenance contract for the parks to the Town’s satisfaction as part of the tendered works the cost of which is the responsibility of Wykland Estates Inc.;

 

9.   That, notwithstanding the requirements of  Condition (8) above, Wykland Estates Inc. shall also maintain these parks to Town standards, from the time that it is built, until such time as the park would normally have been built in accordance with the Town’s park development strategy for Cornell (which normally coincides with the time when sufficient Development Charges for park development have been collected within the Cornell Community to warrant starting park construction). The Town will not reimburse Wykland Estates Inc. for costs associated with this additional maintenance obligation for these parks;

 

10. That this park be included in the Urban Design, Development Services Commission, 2005 Capital Budget submission;

 

11. That these terms and conditions be included in the Subdivision Agreement for this draft plan.

CARRIED

 

 

 

 

 

 

 

4.         NEW PLANNING REFORMS (BILL 26) AND
            GREENBELT PROTECTION (BILL 27) (10.0, 13.2)  Weblink

 

Committee amended section (a) of paragraph 7, for clarification.

 

Moved by: Councillor K. Usman

Seconded by: Councillor J. Webster

 

That the staff report entitled “New Planning Reforms (Bill 26) and Greenbelt Protection (Bill 27)”, dated March 2, 2004, be received for information;

 

And that Council support, in principle, the proposed planning reform and greenbelt protection legislation as an important component of the new initiative of the provincial government to create a growth management vision, in consultation with municipalities;

 

And that Council support the establishment of public and stakeholder consultations on the proposed legislation, and specifically request the provincial government and the Greenbelt Task Force to invite the Town of Markham to actively participate in future workshops related to

·        proposed planning and Ontario Municipal Board reforms;

·        the scope, content and implementation of a proposed future greenbelt;

·        the growth management strategy and implementation framework for the Central Ontario Zone; and

·        the five year review of the Provincial Policy Statement;

 

And that Council request the provincial government and the Greenbelt Task Force to support an exemption for OPA No. 113 on the basis that Markham has been practicing comprehensive settlement planning, including specific attention to environmental issues, consistent with the current Provincial Policy Statement and the requirements of the Region of York Official Plan;

 

And that Council reiterate its request to the provincial government for comments on the Eastern Markham Strategic Review within the context of the Greenbelt Study;

 

And that Council urge the provincial government to expedite an integrated provincial growth management strategy for the Central Ontario Zone including its approach to Greenbelt Protection in the Golden Horseshoe and related revisions to the Provincial Policy Statement;

 

And that Council urge the provincial government to address the following municipal issues as they relate to the proposed legislation and the new growth management vision:

(a)   to provide a stronger Provincial Policy Statement assuring greater clarity regarding the relationship and priority amongst policies and more guidance on interpretation;

(b)   to further amend the Planning Act to include a definition of a “complete application” enabling municipalities to make more timely planning decisions based on complete information;

(c)    to include provisions in the legislation to determine when a provincial interest is affected in order to avoid uncertainty relating to the application/interpretation of matters of provincial interest;

(d)   to further restrict the powers of the Ontario Municipal Board  to only review local decisions based on a prescribed standard of review and/or a failure  of process, or matters that involve a clear provincial interest;

(e)    to achieve consistency in the definition of “Urban Settlement Area” as it applies to Bill 26, Bill 27 and the Provincial Policy Statement;

(f)     to amend Bill 124 to delete the proposed amendment to Section 41 of the Planning Act as it is contrary to the stated intent of Bill 26;

(g)    to further amend the Planning Act to broaden the powers of Section 41 to provide municipalities with greater control over community built form and urban design, where a municipality has prescribed urban design standards articulated through its Official Plan, and planning approvals processes, by:

(i)      introducing authority under Subsection (4) for a council of a municipality to approve plans and drawings addressing the colour, texture and type of material, window treatment, and construction and architectural details of a proposed development; and

(ii) eliminating the current OMB appeal mechanism;

(h) to further amend the Planning Act to broaden the powers of Section 51 to strengthen a municipality’s capability to conserve cultural heritage resources and their incorporation into developing communities by introducing a new criterion in Subsection (24) to include “conservation of cultural heritage resources”;

 

And that Council endorse the attached report and submit it to the Province as the Town of Markham comments on Environmental Bill of Rights Registry Nos. AF03E0001 and AF03E002;

 

And that the Clerk forward a copy of this report to the Premier, the Minister of Municipal Affairs, the Minister of Public Infrastructure Renewal,  York Region MPPs, the Association of Municipalities of Ontario, the Region of York and the Chair of the GTA Task Force on OMB Reform.

CARRIED

 

5.         RETENTION OF A CONSULTANT - 2004 MARKHAM CENTRE (10.8)   Weblink

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor D. Horchik

 

That the report entitled “Retention of a Consultant - 2004 Markham Centre Communications Strategy and Plan” dated March 2, 2004 be received;

 

And that Town staff be authorized to proceed with a Request for Proposal (RFP) to engage a communications consultant to develop and implement a Markham Centre Communications Strategy and Plan;

 

And that funding for this project, to an upset limit of $135,000.00 inclusive of GST,  be subject to  approval by Council of allocation in the 2004 Capital Budget;

 

And that subject to Budget approval,  the CAO be authorized to award a contract to the successful proponent identified according to the evaluation process in the RFP document for an amount not to exceed the allocation to be approved in the 2004 Capital Budget.

CARRIED

 

6.         WYKLAND ESTATES INC. (MATTAMY DEVELOPMENT CORP.)
            5616 SIXTEENTH AVENUE,  PHASE 1, WISMER  COMMONS 
            PLAN OF SUBDIVISION AND IMPLEMENTING ZONING BY-LAW
            (SU 03-113679 (19TM-030008) ZA 03-113693) (10.5, 10.7)  Weblink

 

Committee directed one condition be revised and a new condition be added, regarding traffic lights and sidewalks.

 

Moved by: Councillor K. Usman

Seconded by: Councillor J. Webster

 

That the Record of Public Meeting held on August 25, 2003, regarding the proposed draft plan of subdivision and zoning by-law amendment applications (SU 03 113679 & ZA 03 117946) submitted by Wykland Estates Inc. be received;

 

And that the first phase (145 units) of draft plan of subdivision 19TM-030008 (SU 03 113679) located on the north side of Sixteenth Avenue, west of Highway 48, proposed by Wykland Estates Inc. be draft approved, subject to the plan of subdivision being red-lined to delete residential Block 71 and Buffer Block M and incorporate these lands in to the Stormwater Management Block G, and subject to the conditions outlined in Appendix ‘A’ (attached to the original minutes on file in the office of the Clerk) as amended by the revision of Clause 10.5 and the addition of a new clause:

 

10.5     The Owner covenants and agrees to install traffic signals at 16^th Avenue and Roy Rainey Avenue an agreed schedule with the Region of York and the Department of Engineering. The Owner shall upfront the costs in accordance with the Region of York Traffic Signal Warrant Policy, October 2, 2002, and seeks reimbursement from the Region;

 

New Clause:

7.18     The Owner covenants and agrees to install the sidewalk on 16^th Avenue from the west limit of the subdivision to Mingay Avenue by October 2004. The Town agrees to provide a Development Charge credit in the subdivision agreement for this work. The sidewalks on Roy Rainey Drive are to be built at the same time as the street.

 

And that zoning application (ZA 03 113693) to amend By-laws 304-87, as amended, and 177-96, as amended, submitted by Wykland Estates Inc., for lands located on the north side of Sixteenth Avenue, west of Highway 48, be approved and the implementing Zoning By-laws attached as Appendix ‘B’ (attached to the staff report dated March 2, 2004) be enacted;

 

And that the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);

 

 

 

 

 

And that water supply allocation for 145 units be granted to Wykland Estates Inc. subject to written confirmation from the Trustee of the Wismer Commons Developers’ Group that water supply has been made available from the total allocation granted to the Wismer Commons Community by the Town;

 

And that the Town reserves the right to revoke or reallocate water supply allocation should the development not proceed in a timely manner;

 

And that registration of Wykland Estates Inc. 19TM-030008 Phase 1 in respect to interim sanitary capacity and sewage allocation and water supply be subject to conditions listed in this report;

 

That the Wismer Commons Development Phasing Plan be updated to reflect the revision to the phasing of development as outlined in this report, and further;

 

That the Region of York be advised of the sewage and water supply allocation for this development.

CARRIED

 

 

 

7.         DANVEST WISMER INV. LTD./DOVCOM REALTY INC.
            43 TO 81 OMEGA STREET & 272 TO 310 ROY RAINEY AVENUE
            BLOCKS 67 TO 72, PLAN 65M-3613, WISMER COMMONS COMMUNITY
            ZONING AMENDMENT (ZA.03-117946) (10.5)  Weblink

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor D. Horchik

 

That the Record of Public Meeting held on January 20, 2004, regarding the proposed zoning by-law amendment application (ZA 03 117946) submitted by Danvest Wismer Inv. Ltd./Dovcom Realty Inc. to reduce the minimum width of unenclosed parking spaces for Blocks 67 to 72, Plan 65M-3613, be received;

 

And that the application (ZA 03 117946) to amend zoning by-law 177-96, submitted by Danvest Wismer Inv. Ltd./Dovcom Realty Inc. be approved and the implementing by-law, set out in Appendix ‘A’ (attached to the staff report dated March 4, 2004) be enacted.

 

CARRIED

 

 

 

 

 

 

 

 

--------------------------------------------------------------------------------------------------------------

Other matters considered by Development Services Committee on March 2, 2004:

 

 

8.         1107656 ONTARIO INC., LEITCHCROFT PLANNING DISTRICT
            a) OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            (OP 03 116474 AND ZA 03 116428) (OP 03 116476 AND ZA 03 116428)            SADDLECREEK DRIVE, SOUTH PARK ROAD, AND TIMES AVENUE
            SOUTH OF GALLERIA PARKWAY, (10.3, 10.5)

 

Committee referred to correspondence from Paul DeMelo of Kagan Shastri, representing 1107656 Ontario Ltd., regarding their appeal to the OMB.

 

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor J. Jones

 

That correspondence from Paul DeMelo of Kagan Shastri, representing 1107656 Ontario Ltd., regarding their appeal to the OMB, be referred to Committee of the Whole on March 9, 2004.

 

CARRIED

 

9.         YORK REGION CENTRE AND CORRIDORS
            HIGHWAY # 7 CORRIDOR STUDY (10.8, 13.4)

 

Bryan Tuckey, Commissioner, Planning and Development Services, Neil Garbe, and John Waller, representing the Region of York, made a presentation on the status of the York Region Centres and Corridors Study. Mr. Waller explained that the Region's centres and corridors are a key part of the Region's growth management strategy. There are 40 action items including policy initiatives and supporting programs, fiscal tools and infrastructure investments. The next steps will be to refine draft Regional OPA 43, re-circulate to the municipalities (May, 2004) and proceed with statutory public meetings (June, 2004).

 

Discussions regarding implementation included the importance of infrastructure investment, and the possibility of using Planning Act tools. It was noted that infill and higher density development will not occur everywhere, and local municipalities will decide the appropriate locations. Committee emphasized the importance of a better transit system, and the need for visual relief and landscaping along the corridors.

 

Staff provided an update on Markham's Highway 7 Corridor Study, outlining the proposed strategy approach, objectives, and timeframes. The draft OPA is anticipated to be presented in the fall of 2004, and completion is targeted for the spring of 2005.

 

Moved by: Regional Councillor J. Jones

Seconded by: Regional Councillor B. O'Donnell

 

That the presentations by York Region representatives regarding the Centres and Corridor Study, and by Town staff with respect to the Highway # 7 Corridor Study, be received.

CARRIED

10.       FEDERAL GREEN SPACE MASTER PLAN (13.1)

 

The Draft Green Space Master Plan from Transport Canada was previously distributed. Representatives from Transport Canada and their consultants were in attendance to provide an update. They reviewed the purpose of the Green Space Land project, i.e: to develop long-term land use and land management; and to implement a Master Plan to ensure viability and sustainability of the vision for these lands.

 

Discussions included the 15 guiding principles, the role of the Green Space Stewardship Advisory Committee (GSSAC), public awareness, goals and objectives, and comparables. The presenters explained that they are seeking funding to proceed with the 13 identified implementation projects. With respect to long-term ownership of individual properties, they will remain in Federal ownership, however, private ownership of homes may be explored in the future. The municipality will have an opportunity to identify and negotiate for properties of Heritage interest. Committee noted the lack of Federal cooperation during the Eastern Markham Strategic Review exercise.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor K. Usman

 

That the staff memorandum dated February 3, 2004 and information package regarding Federal Green Space Master Plan, be received;

 

And that the presentation by Transport Canada regarding the Federal Green Space Master Plan, be received;

 

And that the Draft Federal Green Space Master Plan be referred to staff for a recommendation.

CARRIED

 

11.       AFFORDABLE HOUSING UPDATE (10.7)

 

Staff gave a presentation on the status of the affordable housing initiative. Staff reviewed the role of the Town, adopted by Council in February, 2003, and discussed advocacy, partnerships, policy, and financial issues. Current activities include the preparation of an inventory of surplus town lands, 2004 budget request for an intensification study, housing stock analysis, preparation of a strategy for second suites, and review of financial incentives.

 

Staff anticipates presenting a report on second suites at the end of March, 2004. A shift in the position of the provincial government may have an impact on this issue. Committee expressed concern for the enforcement of second suites and requested a financial definition of "affordable" be provided.

 

Moved by: Regional Councillor J. Heath

Seconded by: Councillor K. Usman

 

That the staff presentation regarding affordable housing, be received.

CARRIED

12.       MARKHAM COMMUNITY HOMES
            AFFORDABLE HOUSING PROJECT
            C. SUTHERLAND, 90 OLD KENNEDY ROAD (10.7)

 

Charles Sutherland, representing Markham Community Homes, made a presentation regarding a proposed affordable housing development at 90 Old Kennedy Road. Mr. Sutherland explained the partnerships and financial strategies of the project, and requested the Town consider deferring application fees for zoning, site plan and building permit applications, and also grant  the required water allocation. Discussions included control of ownership to prevent re-sales of the units for profit.

 

Staff advised that the Treasurer is undertaking an affordable housing financial incentives study that will be presented this spring, and that this proposal may qualify for water allocation from the town reserve.

 

Moved by: Councillor D. Horchik

Seconded by: Regional Councillor J. Jones

 

That the presentation regarding Markham Community Homes be received and referred to staff for a report on the affordability and other aspects of this proposal for an affordable housing development.

CARRIED

 

 

13.       HERITAGE MARKHAM COMMITTEE MINUTES
            - February 11, 2004 (16.11)  Weblink

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor J. Jones

 

That the minutes of the Heritage Markham Committee meeting held February 11, 2004, be received for information.

CARRIED

 

 

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

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor J. Jones

 

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, March 2, 2004.

 

CARRIED

15.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF JANUARY 23, 2004 TO FEBRUARY 5, 2004
(10.0)  Weblink

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor J. Jones

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of  January 23, 2004 to February 5, 2004” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

 

 

16.       LOBLAW PROPERTIES LIMITED, 200 BULLOCK DRIVE
            LOBLAW'S AT THE PUMP, ZONING AND SITE PLAN FOR A GAS BAR
            AND CAR WASH (ZA 04-006583, SC 04-006664) (10.5, 10.6)  Weblink

 

Committee discussed concerns to be addressed at the Public meeting:

- proposed gas station will impact intended configuration of bringing buildings close to the road

- proximity of the GO Station and safety of pedestrians

- refresh Committee on previous discussions concerning paving of Milne Creek

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor J. Heath

 

That a Public Meeting be held to consider the zoning application submitted by Loblaw Properties Limited to permit the construction of a gas bar and car wash facility at 200 Bullock Drive.

 

CARRIED

 

17.       KYLEMORE HOMES (DEACON PROPERTY)
            NORTH SIDE OF 16^TH AVENUE, WEST OF KENNEDY ROAD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS AND
            DRAFT PLAN OF SUBDIVISION (OP.03-119805, ZA.03-119813, SU.03-119813)
            (10.3, 10.5, 10.7) Weblink

 

Patrick O'Hanlon, representing Kylemore Homes, advised the Committee that the applicant is willing to work with staff to resolve issues.

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor J. Jones

 

That the applications submitted by Kylemore Homes for Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision to permit 47 Condominium Townhouses, 17 Freehold Townhouses, 6 Single Detached dwellings and a Commercial Block on the north side of 16^th Avenue, west of Kennedy Road, be referred back to staff for further discussion with the applicant, and other property owners in the area, on the need for a comprehensive review of the future pattern of development in the Future Urban Area north of 16^th Avenue and west of Kennedy Road.

CARRIED

18.       HYDRO ONE NETWORKS INC., NORTH SIDE OF 14^TH AVENUE,
            WEST OF WARDEN AVENUE AND SOUTH OF HIGHWAY 407
            SITE PLAN APPLICATION FOR TRANSFORMER STATION (SC 04-006439)
            (10.6)   Weblink

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor D. Horchik

 

That the report entitled “Application by Hydro One Networks Inc. for site plan aproval for a new transformer station to be located on the north side of 14^th Avenue, west of Warden Avenue and South of Highway 407”, be received;

 

And that the site plan application to construct the Parkway Transformer Station in two phases, including two relay buildings with gross floor areas of 506 m² and 646 m² in Phase 1 and two transformers in each phase, be approved subject to the following conditions:

 

1.      The Owner shall enter into a site plan agreement with the Town containing standard provisions and all requirements of Town Departments and external agencies, including any relevant requirements noted below;

 

2.      Prior to the execution of site plan agreement, the Owner shall submit:

 

a.       final drawings, and comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

b.      a detailed Landscape Plan, prepared by a Landscape Architect having O.A.L.A membership, to the satisfaction and approval of the Director of Planning and Urban Design;

 

c.       an updated tree inventory and preservation plan to the satisfaction of the Director of Planning and Urban Design; and

 

d.      site servicing drawings, grading drawings, municipal connections design, a stormwater management design brief, and detailed chamber plans for the gravelled yard and containment area.  Drawings are to be prepared by a Professional Engineer with a Certificate of Authorization from P.O.E to the satisfaction of the Director of Engineering;

 

3.      The Owner shall ensure the Town’s trunk sanitary sewer currently crossing the site is adequately protected and accessible during all phases of the construction.  The Owner shall be responsible for all associated costs in the event that the existing manholes need to be raised.  The design of the site grading and servicing shall also ensure that long-term maintenance access to the sewer manholes is provided to the satisfaction of the Director of Engineering;

 

4.      The Owner shall convey to the Town, free of costs and encumbrances, new easements for access and maintenance of the new stormwater management ponds and drainage channels. Prior to the existing Town easements within the area to be gravelled and fenced to accommodate the transformers being released, the replacement and new easements shall be in place to the satisfaction of the Director of Engineering;

 

5.      Prior to the release of the existing Town easements within the area to be gravelled and fenced to accommodate the transformers, the Owner shall enter into an agreement with the Town to provide for any appropriate public park/open space arrangements compatible with the electrical facilities on the lands, and to construct public pathways therein, all at no cost to the Town, to the satisfaction of the Director of Planning and Urban Design;

 

6.      The Owner shall convey to the Town, free of costs and encumbrances, the land required for the right-of-way of future Miller Avenue extension in the location determined by the Class Environmental Assessment.   Hydro One further agrees that this conveyance will be completed within 6 months of receipt of written notice from the Town that the Environmental Assessment has been completed and that land conveyance is required;

 

7.      The Owner shall obtain all necessary permits from the Toronto and Region Conservation Authority and the Ministry of Natural Resources;

 

8.      The Owner shall obtain comments from and satisfy any requirements of the Canadian National Railway with regard to drainage, grading and setback requirements;

 

9.      The Owner shall make arrangements with the Town to install any service connections within the Town’s right-of-way or easement as determined by the Director of Engineering.  The Owner shall use a Town approved contractor prior to commencement of such work;

 

10.  The Owner shall route the transmission lines from the Parkway Transformer Station to the Richmond Hill Transformer Station along the north side of the existing Hydro Corridor;

 

11.  The proposed site entrance from Rodick Road shall be aligned with the existing Miller Avenue to form a 90 degree four leg intersection and the entrance must be constructed to Town standards within the municipal road allowance;

 

And that the Owner shall obtain any necessary approvals and permits from the Department of Fisheries and Oceans, Ministry of Natural Resources, Toronto and Region Conservation Authority and any other relevant agencies, as applicable to each phase of this development;

 

And that the Director of Planning and Urban Design be authorized to request the Region of York to modify OPA No. 112 to reflect the proposed uses of the Hydro One lands;

 

And that the Council resolution of 26 June 2003, which requested the Ministry of Municipal Affairs and Housing to amend the Parkway Belt West Plan and the Minister’s Zoning Order (O.Reg. 473/73) to delete lands within OPA No. 112, be modified to exclude the Hydro lands as appropriate.

CARRIED

19.       2019311 ONTARIO INC., 150 MAIN STREET, UNIONVILLE
            FUTURE USE AND RESTORATION (10.0)

 

Staff gave a presentation regarding the future use and restoration of 150 Main Street, Unionville. Jessie Agnew, owner, was in attendance to discuss this matter. The Committee advised that it cannot comment on the issue without an application being filed.

 

Moved by: Councillor D. Horchik

Seconded by: Councillor K. Usman

 

That the correspondence and presentation regarding the future use and restoration of 150 Main Street, Unionville, be received.

CARRIED

 

 

20.       MILLIKEN MILLS MAIN STREET 
            DRAFT SECONDARY PLAN AND ZONING BY-LAW (10.4, 10.5)

 

Staff presented the Urban Design Concept Plan for Milliken Mills Main Street, outlining road networks, land use, and urban design principles. The plan would consist of 1,890 residential units and 548,650 sq. ft. of commercial/retail floor space. Additional studies are being undertaken, such as servicing plans and traffic analysis. The plan will now be presented to the Milliken Mills Main Street Advisory Group and landowners, and a Public Meeting will be held. The final Secondary Plan and Zoning By-law are anticipated to be presented to Council at the end of April, prior to the Interim Control By-law expiring on May 12, 2004.

 

Moved by: Councillor K. Usman

Seconded by: Councillor S. Daurio

 

That the staff update regarding the Milliken Mills Main Street draft Secondary Plan and zoning by-law be received.

CARRIED

 

 

21.       ROUGE NORTH OFFICIAL PLAN AMENDMENT - OPA 116 (10.3)

 

The Committee received correspondence from:

1.         Tom Hilditch of Stantec, dated March 1, 2004, requesting the Region of York to delay approval of OPA 116;

2.         Neil Rodgers of the Urban Development Institute, Ontario, dated September 30, 2003, with comments on OPA 116.

 

Staff explained the urgency of this matter, as it will be before Regional Council on March 3, 2004. The Committee directed staff to make a written submission to the Regional Chair, advising of the conflicting positions expressed in the correspondence.

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

That correspondence from Tom Hilditch of Stantec and Neil Rodgers of the Urban Development Institute, Ontario, be received.

 

And that the Commissioner of Development Services or the Director of Planning make a written submission to the Regional Chair, advising of the conflicting positions expressed in the correspondence from Tom Hilditch and Neil Rodgers.

 

 

 

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The Committee recessed In-camera at 3:20 p.m. and rose at 4:50 p.m.

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PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

 

Chair:  Councillor G. McKelvey Members:             Deputy Mayor  F. Scarpitti             Regional Councillor J. Heath             Regional Councillor J. Jones             Regional Councillor B. O’Donnell             Councillor S. Daurio             Councillor E. Shapero             Councillor J. Virgilio             Councillor J. Webster             Councillor D. Horchik             Councillor K. Usman

V. Shuttleworth, Director of Planning and Urban Design B. Karumanchery, Senior Project Coordinator M. Wouters, Senior Planner K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 7:20 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair. 

 

 

22.       FOREST BAY HOMES LTD.
            NORTHWEST CORNER OF MARKHAM ROAD AND DENISON ST.
            OFFICIAL PLAN, REZONING AND SITE PLAN APPLICATIONS
            - FOUR-STOREY APARTMENT BUILDING
            OP 03-116717, ZA 03-116709, SC 03-116723 (10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Official Plan, rezoning and site plan applications, Files OP 03-116717, ZA 03-116709 and SC 03.116723, submitted by Forest Bay Homes Ltd., for a four-storey apartment building at the northwest corner of Markham Road and Denison Street.

 

Committee was advised that 190 notices were mailed on February 11, 2004, and a Public Meeting sign was posted on February 11, 2004. There were no written submissions received.

 

Staff gave a joint presentation of three proposed development applications by Forest Bay Homes: a four-storey apartment building; a car wash and drive-through restaurant; and condominiums.  The presentation described each development with respect to the location, surrounding uses, and proposed uses of the subject properties.

 

Stephen Armstrong of Armstrong Goldberg Hunter, representing the applicant, was in attendance.  Mr. Armstrong displayed elevations and advised that the new road aligns with Marydale Avenue, and that a connection to the property to the north can be re-visited.

 

 

The following members of the public spoke about their concerns:

1.         Tan Cheng, 56 Mindy Crescent

2.         Sherry Wallace, 63 Mindy Crescent

3.         Hasim Bakasa, 120 Marydale Avenue

4.         Rajagopal Mathialagan, 326 Elson Street

 

Their concerns included:

a)         number of gas bars in the area, and resulting odours and traffic congestion

b)         storm water management and grading affecting adjacent development

c)         there is only one access to the development

d)         traffic congestion, including construction traffic

 

Staff advised that these issues have been identified and will have to be addressed by the applicant. Committee discussed the road patterns, a possible road connection and provision of servicing infrastructure to the property to the north, and requested information on "vacant-land condominiums".

 

Moved by: Councillor K. Usman

Seconded by: Deputy Mayor F. Scarpitti

 

That the deputations by Tan Cheng, Sherry Wallace, Hasim Bakasa, and Rajagopal Mathialagan,

expressing concerns regarding the applications by Forest Bay Homes Ltd., for a four-storey apartment building at the northwest corner of Markham Road and Denison Street, be received;

 

And that the Development Services Commission report dated January 20, 2004, entitled "Preliminary Report, Official Plan, Rezoning and Site Plan Applications by Forest Bay Homes Ltd. to permit a gas station, car wash and drive-through restaurant, apartment building and semi-detached dwellings at the northwest corner of Markham Road and Denison Street:

OP 03-116653, ZA 03-116661 and SC 03-116663 (commercial)

OP 03-116717, ZA 03-116709 and SC 03.116723 (apartment)

OP 03-116653, ZA 03-116661 and SC 03-116663 (semi-detached dwellings) be received;

 

And that the Record of the Public Meeting held on March 2, 2004 with respect to the proposed amendments to the Town's Official Plan (Revised 1987), as amended, and By-law 90-81, as amended, be received;

 

And further that the applications by Forest Bay Homes Ltd. to amend the Town's Official Plan (Revised 1987), as amended, and By-law 90-81, as amended, be referred back to staff for a report and recommendation.

 

And that staff arrange a meeting with interested residents, the applicant, and the ward councillor to discuss issues of concern prior to staff preparing the final report.

 

CARRIED

 

 

 

 

 

23.       FOREST BAY HOMES LTD.
            NORTHWEST CORNER OF MARKHAM ROAD AND DENISON ST.
            OFFICIAL PLAN, REZONING AND SITE PLAN APPLICATIONS
            - CAR WASH AND DRIVE-THROUGH RESTAURANT
            OP 03-116653, ZA 03-116661, SC 03-116663  (10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Official Plan, rezoning and site plan applications, Files OP 03-116653, ZA 03-116661 and SC 03-116663, submitted by Forest Bay Homes Ltd., for a gas station, car wash, and drive-through restaurant at the northwest corner of Markham Road and Denison Street.

 

Committee was advised that 190 notices were mailed on February 11, 2004, and a Public Meeting sign was posted on February 11, 2004. There were no written submissions received.

 

Staff gave a joint presentation of three proposed development applications by Forest Bay Homes: a four-storey apartment building; a car wash and drive-through restaurant; and condominiums.  The presentation described each development with respect to the location, surrounding uses, and proposed uses of the subject properties.

 

Stephen Armstrong of Armstrong Goldberg Hunter, representing the applicant, was in attendance.  Mr. Armstrong displayed elevations and advised that the new road aligns with Marydale Avenue, and that a connection to the property to the north can be re-visited.

 

The following members of the public spoke about their concerns:

1.         Tan Cheng, 56 Mindy Crescent

2.         Sherry Wallace, 63 Mindy Crescent

3.         Hasim Bakasa, 120 Marydale Avenue

4.         Rajagopal Mathialagan, 326 Elson Street

 

Their concerns included:

a)         number of gas bars in the area, and resulting odours and traffic congestion

b)         storm water management and grading affecting adjacent development

c)         there is only one access to the development

d)         traffic congestion, including construction traffic

 

Staff advised that these issues have been identified and will have to be addressed by the applicant. Committee discussed the road patterns, a possible road connection and provision of servicing infrastructure to the property to the north, and requested information on "vacant-land condominiums".

 

Moved by: Councillor K. Usman

Seconded by: Deputy Mayor F. Scarpitti

 

That the deputations by Tan Cheng, Sherry Wallace, Hasim Bakasa, and Rajagopal Mathialagan,

expressing concerns regarding the applications by Forest Bay Homes Ltd., for a gas station, car wash, and drive-through restaurant at the northwest corner of Markham Road and Denison Street, be received;

 

And that the Development Services Commission report dated January 20, 2004, entitled "Preliminary Report, Official Plan, Rezoning and Site Plan Applications by Forest Bay Homes Ltd. to permit a gas station, car wash and drive-through restaurant, apartment building and semi-detached dwellings at the northwest corner of Markham Road and Denison Street:

OP 03-116653, ZA 03-116661 and SC 03-116663 (commercial)

OP 03-116717, ZA 03-116709 and SC 03.116723 (apartment)

OP 03-116653, ZA 03-116661 and SC 03-116663 (semi-detached dwellings) be received;

 

And that the Record of the Public Meeting held on March 2, 2004 with respect to the proposed amendments to the Town's Official Plan (Revised 1987), as amended, and By-law 90-81, as amended, be received;

 

And further that the applications by Forest Bay Homes Ltd. to amend the Town's Official Plan (Revised 1987), as amended, and By-law 90-81, as amended, be referred back to staff for a report and recommendation.

 

And that staff arrange a meeting with interested residents, the applicant, and the ward councillor to discuss issues of concern prior to staff preparing the final report.

 

CARRIED

 

24.       FOREST BAY HOMES LTD.
            NORTHWEST CORNER OF MARKHAM ROAD AND DENISON ST.
            OFFICIAL PLAN, REZONING APPLICATIONS
            - CONDOMINIUMS,  OP 03-117651, ZA 03-117641 (10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Official Plan and rezoning applications, Files OP 03-117651 and ZA 03-117641, submitted by Forest Bay Homes Ltd., for a semi-detached condominium development at the northwest corner of Markham Road and Denison Street.

 

Committee was advised that 190 notices were mailed on February 11, 2004, and a Public Meeting sign was posted on February 11, 2004. There were no written submissions received.

 

Staff gave a joint presentation of three proposed development applications by Forest Bay Homes: a four-storey apartment building; a car wash and drive-through restaurant; and condominiums.  The presentation described each development with respect to the location, surrounding uses, and proposed uses of the subject properties.

 

Stephen Armstrong of Armstrong Goldberg Hunter, representing the applicant, was in attendance.  Mr. Armstrong displayed elevations and advised that the new road aligns with Marydale Avenue, and that a connection to the property to the north can be re-visited.

 

The following members of the public spoke about their concerns:

1.         Tan Cheng, 56 Mindy Crescent

2.         Sherry Wallace, 63 Mindy Crescent

3.         Hasim Bakasa, 120 Marydale Avenue

4.         Rajagopal Mathialagan, 326 Elson Street

 

Their concerns included:

a)         number of gas bars in the area, and resulting odours and traffic congestion

b)         storm water management and grading affecting adjacent development

c)         there is only one access to the development

d)         traffic congestion, including construction traffic

 

Staff advised that these issues have been identified and will have to be addressed by the applicant. Committee discussed the road patterns, a possible road connection and provision of servicing infrastructure to the property to the north, and requested information of "vacant-land condominiums".

 

Moved by: Councillor K. Usman

Seconded by: Deputy Mayor F. Scarpitti

 

That the deputations by Tan Cheng, Sherry Wallace, Hasim Bakasa, and Rajagopal Mathialagan,

expressing concerns regarding the applications by Forest Bay Homes Ltd., for a condominium development at the northwest corner of Markham Road and Denison Street, be received;

 

And that the Development Services Commission report dated January 20, 2004, entitled "Preliminary Report, Official Plan, Rezoning and Site Plan Applications by Forest Bay Homes Ltd. to permit a gas station, car wash and drive-through restaurant, apartment building and semi-detached dwellings at the northwest corner of Markham Road and Denison Street:

OP 03-116653, ZA 03-116661 and SC 03-116663 (commercial)

OP 03-116717, ZA 03-116709 and SC 03.116723 (apartment)

OP 03-116653, ZA 03-116661 and SC 03-116663 (semi-detached dwellings) be received;

 

And that the Record of the Public Meeting held on March 2, 2004 with respect to the proposed amendments to the Town's Official Plan (Revised 1987), as amended, and By-law 90-81, as amended, be received;

 

And further that the applications by Forest Bay Homes Ltd. to amend the Town's Official Plan (Revised 1987), as amended, and By-law 90-81, as amended, be referred back to staff for a report and recommendation.

 

And that staff arrange a meeting with interested residents, the applicant, and the ward councillor to discuss issues of concern prior to staff preparing the final report.

 

CARRIED

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 8:05 p.m.