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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2005-09-06

Meeting No. 14

All Members of Council

Development Services                                                                             Economic Development

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

Vice-Chair:      Councillor D. Horchik

 

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

 

Attendance

            Regional Councillor J. Heath

            Regional Councillor J. Jones

            Regional Councillor B. O’Donnell

            Councillor S. Daurio

            Councillor E. Shapero

            Councillor J. Virgilio (1:10)

            Councillor J. Webster

            Councillor G. McKelvey

            Councillor D. Horchik

            Councillor K. Usman

            Councillor A. Chiu

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

C. Conrad, Town Solicitor

S. Chait, Director of Economic Development

R. Hutcheson, Manager, Heritage Planning

V. Shuttleworth, Director of Planning and Urban Design

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 1:00 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair. 

 

 

DISCLOSURE OF INTEREST

 

 

Councillor J. Virgilio disclosed an interest with respect to Item # 2, the proposed Heritage Designation of the Henry Pingle Sr. House at 9767 Kennedy Road, by nature of representing the owner, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

Councillor J. Virgilio disclosed an interest with respect to Item # 6, the Careers in York program, by nature of his son being employed by Rogers Cable, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

 

 

 

1.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 7555 MARKHAM ROAD
            RAYMER-ROBB HOUSE, OWNER: 777192 ONTARIO LTD. (16.11.3)

              Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the Raymer-Robb House at 7555 Markham Road be approved for designation under Part IV of the Ontario Heritage Act;

 

And that the Clerk’s Department be authorized to:

-  publish and serve Council’s Notice of Intention to Designate as per the requirements

   of the Act; and

-  prepare the Designation By-law for the property.

CARRIED

 

 

 

2.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 9767 KENNEDY ROAD
            HENRY PINGLE SR. HOUSE, OWNER: FAIRGLEN HOMES LTD. (16.11.3)

             Report

 

Councillor J. Virgilio disclosed an interest with respect to the proposed Heritage Designation of the Henry Pingle Sr. House at 9767 Kennedy Road, by nature of representing the owner, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the “Henry Pingle Sr. House” at 9767 Kennedy Road be approved for designation under Part IV of the Ontario Heritage Act;

 

And that the Clerk’s Department be authorized to:

-  publish and serve Council’s Notice of Intention to Designate as per the requirements

   of the Act; and

-  prepare the Designation By-law for the property.

CARRIED

 

 

3.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 6881 HIGHWAY 7
            LEWIS J. BURKHOLDER HOUSE
            OWNER: 778374 ONTARIO LIMITED (PRIMONT HOMES) (16.11.3)

               Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the “Lewis J. Burkholder House” at 6881 Highway 7 be approved for designation under Part IV of the Ontario Heritage Act;

 

And that the Clerk’s Department be authorized to:

-  publish and serve Council’s Notice of Intention to Designate as per the requirements

   of the Act; and

-  prepare the Designation By-law for the property.

CARRIED

 

 

 

 

4.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 10225-10227 KENNEDY ROAD
            HOMER WILSON HOUSE, J.P. CARR COTTAGE,
            AND THE PINGLE FAMILY MONUMENT
            OWNER: FIELDGATE DEVELOPMENTS (16.11.3)

                Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the demolition permit applications for 10225-10227 Kennedy Road, the Homer Wilson House Farmhouse and the J.P. Carr Cottage, be denied;

 

And that the Homer Wilson House, the J.P. Carr Cottage, and the Pingle Family Cemetery and Monument, be approved for designation under Part IV of the Ontario Heritage Act;

 

And that the Clerk’s Department be authorized to:

-  publish and serve Council’s Notice of Intention to Designate as per the requirements

   of the Act; and

-  prepare the Designation By-law for the property.

CARRIED

 

 

 

 

 

5.         FOREST GATE HOMES, 1061993 ONTARIO LTD.
            19 ROUGE STREET, ZONING BY-LAW AMENDMENT
            TO PERMIT FOUR NEW RESIDENTAIL LOTS (ZA 02 108985) (10.5)

               Report

 

Staff gave a brief summary of the proposal, advising that it is still subject to site plan approval.

 

Peter Ross, representing Vinegar Hill Ratepayer’s Association, commended the developer, Council and staff for recognizing the residents’ concerns and working with them to resolve issues. Mr. Ross advised that the Ratepayer’s Association is in support of the revised proposal.

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor B. O’Donnell

 

That the deputation by Peter Ross, representing the Vinegar Hill Ratepayers Association, in support of the proposal by Forest Gate Homes, be received;

 

And that the Development Services Commission Report entitled “Forest Gate Homes, Application for Zoning By-law Amendment to permit four new residential lots, 1062993 Ontario Ltd., 19 Rouge Street, Markham”, date September 6, 2005, be received;

 

And that the record of the Public Meeting held on October 14, 2003, be received;

 

And that Forest Gate Homes be granted servicing allocation of 4 units, such allocation to be from the total allocation available from the Town Reserve, in accordance with the February 15, 2005 report on servicing allocation;

 

And that the Town reserves the right to revoke or re-allocate servicing allocation, at its sole discretion, should development not proceed in a timely manner;

 

And that the Region of York be advised of the servicing allocation for this development;

 

And that the application to amend Zoning By-law 1229, as amended, be approved, and the by-law be brought forward to Council for enactment.

CARRIED

 

 

 

 

 

 

 

 

 

 

 

6.         CAREERS IN YORK
            A NEW COMMUNITY SERVICES PROGRAM (10.16) 

              Report

 

Councillor J. Virgilio disclosed an interest with respect to the Careers in York program, by nature of his son being employed by Rogers Cable, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor J. Virgilio declined the Chair for Economic Development. Councillor G. McKelvey retained the Chair.

 

Staff provided an overview of the program.

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the report entitled “Careers in York. A New Community Services Program” be received;

 

And that the Town become a “Bronze Sponsor” of this program at a cost of $5,000 to be funded from within the approved Economic Development labour force development capital account #086-6900-6241-005.

CARRIED

 

 

Public Meeting – to Council

 

 

7.         OFFICIAL PLAN AMENDMENT, TOWN OF MARKHAM
            ROUGE NORTH MANAGEMENT AREA
            AND THE PROVINCIAL GREENBELT PLAN (MI.462) (10.3)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed Official Plan Amendment for the Rouge North Management Area and the Provincial Greenbelt Plan.

 

Committee was advised that 46 notices were mailed on August 12, 2005, and a Notice was published in the Markham Economist and Sun and Thornhill Liberal on August 16, 2005. Committee received four written submissions from:

1.         Ira T. Kagan, Kagan Shastri, representing six property owners in the area, stating concerns

2.         Patricia A. Foran, Aird & Berlis, representing 1463069 Ontario Limited and 1512406

            Ontario Limited, stating concerns

3.         Randolph J. Smith, representing four property owners in the area, stating concerns

4.         Michael J. McQuaid, WeirFoulds, representing Lebovic Enterprises Inc., stating concerns.

 

Staff gave a presentation on the background of the proposed Official Plan Amendment, as it relates to the Greenbelt Plan, and the status of OPA 116 at the Ontario Municipal Board.

 

Patricia Foran of Aird & Berlis, spoke on behalf of 1463069 Ontario Limited and 1512406 Ontario Limited, Appellants of OPA 116. Ms. Foran requested that OPA 116 be repealed, and the new OPA not be enacted until the Greenbelt conformity exercise is undertaken and further information is obtained from the Province.

 

Mark Cooper, 5805 19th Avenue, stated that he owns property on Little Rouge Creek, and he is concerned about the impact that land use restrictions may have on his property value. He questioned if expropriation or compensation is being considered. Staff responded that there are no plans for expropriation, and explained that the amendment would not change the current legal uses and that current permissions would not be affected. The Committee requested that staff arrange to meet with Mr. Cooper to review the proposal and implications prior to the Amendment proceeding to Council.

 

Paul DeMelo of Kagan Shastri, spoke on behalf of several property owners. Mr. DeMelo stated his opinion that the lands in question are already protected and that the OPA should not be enacted until further information from consultation with landowners and the conformity exercise can be obtained.

 

Lewis Yeager, representing the Rouge Park Alliance, stated that the Alliance has worked with Council and staff, and is in support of the revised OPA.

 

Discussions included boundaries and criteria, tributaries, policies, urbanization of lands north of Major Mackenzie Drive and beyond the Greenbelt, the approval process timeline, impacts on infrastructure and the Markham By-pass, and legal issues with respect to repealing OPA 116 and the status of the OMB hearing.

 

Staff confirmed that the proposed replacement OPA contains all the policies approved in OPA 116. It was noted that the although protection is provided by provincial legislation with respect to approval of urban expansion boundaries and Greenbelt policies, the OPA will provide the needed protection within the local jurisdiction to provide a strong environmental framework to guide any future consideration of urban expansion.

 

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IN CAMERA

 

Moved by: Councillor D. Horchik

Seconded by: Councillor J. Webster

 

That the Development Services Committee recess in-camera at 8:12 p.m. to consider a legal matter.

CARRIED

 

LEGAL MATTER (10.3)

 

Moved by: Councillor K. Usman

Seconded by: Councillor D. Horchik

That the Committee rise from in-camera at 8:33 p.m.

CARRIED

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Committee noted that extensive consultation with stakeholders has taken place over several years, and requested staff to ensure that the smaller landowners are also consulted.

 

Committee directed staff to prepare a report on the discussions of this meeting, and make adjustments to the schedules to indicate the full extent of the Greenbelt Plan area.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Jones

 

That the written submissions from: Ira T. Kagan, Kagan Shastri, representing six property owners in the area; Patricia A. Foran, Aird & Berlis, representing 1463069 Ontario Limited and 1512406 Ontario Limited; Randolph J. Smith, representing four property owners in the area; and Michael J. McQuaid, WeirFoulds, representing Lebovic Enterprises Inc., stating concerns regarding the proposed Official Plan Amendment for the Rouge North Management Area/Greenbelt, be received;

 

And that the deputations by: Patricia Foran of Aird & Berlis on behalf of 1463069 Ontario Limited and 1512406 Ontario Limited, Mark Cooper, 5805 19th Avenue, and Paul DeMelo of Kagan Shastri on behalf of several property owners, with concerns;  and by Lewis Yeager, representing the Rouge Park Alliance, in support, with respect to the proposed Official Plan Amendment for the Rouge North Management Area/Greenbelt, be received;

 

And that the record of the Public Meeting held on September 6, 2005 with respect to the proposed draft Official Plan Amendment for the Rouge North Management Area/Greenbelt and the repeal of OPA 116 be received;

 

And that the draft Official Plan Amendment be referred back to staff for a report on the discussions held at the Public Meeting, and for staff to meet with affected landowners as requested;

 

And that staff finalize the proposed draft Official Plan Amendment for the Rouge North Management Area/Greenbelt and the by-law to repeal OPA 116 in accordance with the direction of the Development Services Committee and submit them to Council for adoption on October 11, 2005;

 

And that the adopted Official Plan Amendment for the Rouge North Management Area/Greenbelt be submitted to the Region of York for approval and to the Toronto and Region Conservation Authority;

 

And that the Town Solicitor and staff be authorized to take all necessary action to pursue the approval of the Amendment.

CARRIED

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Other matters considered by Development Services Committee on September 6, 2005:

 

 

 

8.         HERITAGE MARKHAM COMMITTEE MINUTES
- August 26, 2005 (16.11)

              Minutes

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the minutes of the Special Heritage Markham Committee meeting held August 26, 2005, be received for information.

CARRIED

 

 

 

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

               Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

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 September 6, 2005.

CARRIED

 

 

 

10.       REPORT ON INCOMING PLANNING APPLICATIONS
            FOR THE PERIOD OF JULY 30, 2005 TO AUGUST 12, 2005 (10.0)

              Report

 

Moved by: Councillor D. Horchik

Seconded by: Councillor S. Daurio

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of July 30, 2005  to August 12, 2005” and direct staff to process the applications in accordance with the route outlined in the report;

 

And that Site Plan Application SC 05 019484 by Unionville House for 187 Main Street, be brought forward to the Development Services Committee for approval.

CARRIED

 

 

 

NEW BUSINESS

 

 

11.       STAFF RECOGNITION
            ONTARIO POWER AUTHORITY (10.0)

 

Moved by: Councillor D. Horchik

Seconded by: Councillor K. Usman

 

That the efforts and contributions of Jim Baird, Commissioner of Development Services, Jamie Bosomworth, Manager of Strategy and Innovation, and Catherine Conrad, Town Solicitor, during numerous Ontario Power Authority and Task Force meetings during the summer of 2005,  be recognized.

CARRIED


PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

            Deputy Mayor  F. Scarpitti

            Regional Councillor J. Heath

            Regional Councillor J. Jones

            Councillor S. Daurio

            Councillor J. Virgilio

            Councillor J. Webster

            Councillor G. McKelvey

            Councillor D. Horchik

            Councillor K. Usman

            Councillor A. Chiu (left – 8:00)

J. Baird, Commissioner of Development Services

C. Conrad, Town Solicitor

L. Duoba, Project Coordinator

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.

 

See Item # 7.

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 8:45 p.m.

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