DEVELOPMENT
SERVICES COMMITTEE
2002-01-22
Meeting No.
2
PART A - 11:00 a.m. - Council
Chamber
PART B - 1:00 p.m. - Council
Chamber
Attendance
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M. F. Turner, Commissioner of
Development
Services
R. Robinson, Town Solicitor
J. Baird, Director of Planning
& Urban Design
I. Jones, Director of Economic
Development
S. Chait, Director of Corporate
Quality and
Effectiveness
A. Brown, Director of Engineering
L. Duoba, Project Coordinator
V. Shuttleworth, Project
Coordinator
T. Northcott, Senior Business
Development Officer
J. Kee, Committee Clerk
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The Development Services Committee convened at the hour of
11:10 a.m. in the Council Chamber. Councillor G. McKelvey chaired the meeting,
with Regional Councillor B. O'Donnell chairing Economic Development items.
DISCLOSURE OF INTEREST - None
1. EDCO
ANNUAL CONFERENCE, FEBRUARY 5-7, 2002
TORONTO MARRIOTT EATON CENTRE
HOTEL (10.16)
RECOMMENDATION:
That the report dated January 22, 2002, entitled
"EDCO Annual Conference", regarding a conference to be held at the
Toronto Marriott Eaton Center Hotel, February 5-7, 2002, be received;
And that Council approve the purchase
of a table at the President's Dinner on February 6, 2002 at a total cost of $
960.30 to be funded from Economic Development's Meeting and Conference Account
610-9905200.
2. MERANO
DEVELOPMENTS INC.
DRAFT APPROVED PLAN OF
SUBDIVISION 19TM-98015
REQUEST FOR STREET NAME
APPROVAL (SUB 98 221273) (10.14)
Committee queried the
possibility of indicating on the street sign respecting William Grant, that he
had been a Region of York police officer who had died in the line of duty.
RECOMMENDATION:
That the following street names be approved for use in plan of
subdivision 19TM-98015 (Merano Developments Inc.):
Balmano Road
Bloomsbury Road
Cornerstone Road
Miramar Drive
Northside Road
Osmond Appleton Road (veteran’s name)
Park Place Drive
Royal Crown Road
Sunburst Crescent
Swan Park Road (extension of existing road)
William Grant Road (Region of York police officer – died in the line of
duty)
Williamson Road (extension of existing road)
And that the street name signs for Osmond Appleton Road include a poppy
to identify it as a veteran’s name (Appendix ‘A’ to the staff report dated
January 22, 2002);
And further that staff be requested to
investigate the possibility of placing an appropriate symbol or logo on the
street name sign for William Grant Road relating to the York Regional Police or
Emergency Services, and report back to Council.
3. THE
PETER G. MUSTARD HOUSE, 9615 NINTH LINE
ELIGIBILITY OF HOUSE FOR
RELOCATION TO MARKHAM
HERITAGE ESTATES (16.11.3)
RECOMMENDATION:
That Council declares
the dwelling known as the "Peter G. Mustard House", located at 9615
Ninth Line to be eligible for relocation to Markham Heritage Estates;
And that the owner be required to advertise the availability
of the building to those individuals who have expressed an interest in the
Markham Heritage Estates concept.
4. 1456217 ONTARIO INC., LIBERTY TOWER II
NORTH EAST CORNER OF TIMES AVENUE AND GALLERIA
PARKWAY, BLOCK 39, REG. PLAN 65M-3226,
APPLICATIONS FOR ZONING BY-LAW AMENDMENT AND
SITE PLAN APPROVAL FOR 5 STOREY LONG-TERM STAY HOTEL
(ZA 01 111852, SC 01 111938) (10.5, 10.6)
Mr. Mario Gumushdjian of Kirkor
Architects and Planners, was in attendance, and presented coloured drawings of
the proposed development.
RECOMMENDATION:
That the
record of the Public Meeting held on November 6, 2001 relating to the
application by 1456217 Ontario Inc. for Zoning By-law Amendment to permit a
five storey long term stay hotel on Block 39 Registered Plan 65M-3226 in the
Times Leitchcroft area (ZA 01 111852) be received;
That the
Zoning By-law Amendment to permit the proposed development, as set out in
Appendix A, attached to Development Services Report dated January 22, 2002, be
approved;
And that
application SC 01 111938, submitted by 1456217 Ontario Inc. for site plan
approval, be approved subject to the following conditions:
1. That
the Owner enter into a Site Plan Agreement with the Town;
2. That
site plan approval shall lapse after a period of three years commencing January
22, 2002;
3. That
the site plan comply with the requirements of By-law 177-96, as amended;
4. That
the site plan agreement provide for payment by the Owner of all applicable
fees, parkland dedication, recoveries and development charges;
5. That
the site plan agreement contain provisions for satisfying Town Departments
including all requirements of the Director of Engineering, the Fire Department,
Waste Management and Roads;
6. That
prior to final approval of the site plan:
a) the owner submit a detailed plan
indicating proposed methods for screening the transformer pad, to the
satisfaction of the Design Group;
b) the
owner submit a detailed plan, to the satisfaction of the Engineering
Department, showing limits of the construction hoarding and any proposed
relocation of any existing services which may be required to facilitate the
construction of the underground parking garage;
7. That
prior to the execution of the site plan agreement:
a) any
required amendments to By-law 177-96 shall be in full force and effect;
b) all
noise issues shall be resolved to the satisfaction of the Director of
Engineering;
c) the Owner shall submit a Landscape
Plan, prepared by a Landscape Architect having O.A.L.A membership, to the
satisfaction and approval of the Commissioner of Development Services;
8. And that prior to issuance of a
building permit, the Owner provide the Town with:
a) certification from an Ontario Land
Surveyor that the height of the building is in compliance with the Transport
Canada Buttonville Airport Zoning Regulations;
b) site servicing and grading drawings,
prepared and stamped by a Professional Engineer with a Certificate of
Authorization from the P.E.O. for Municipal Engineering applications, for
approval by the Engineering Department.
5. SIXTEENTH
WARDEN LIMITED - CACHET ENCLAVE
WEST OF WARDEN AVENUE, SOUTH
OF BERNADOTTE AND WILLOW
CREEK DRIVES, CONDITIONS OF
DRAFT APPROVAL
(SU.00-240519, ZA.00-240428)
(10.5, 10.7)
Matters relating to
the subdivision's proximity to the Buttonville Airport, density policies, and
Clause 1.7 of Appendix "B", attached to Development Services Report dated January 22, 2002,
were discussed, and Mr. Jim Kirk, who was in attendance on behalf of Devil's
Elbow Ratepayers Association, advised that he had no concerns or comments
regarding the proposed amendments.
RECOMMENDATION:
That the conditions of
draft approval attached as Appendix ‘B’, attached to Development Services Report dated
January 22, 2002, and the following clauses, form the
basis for any approval by the Ontario Municipal Board of the Cachet Enclave
plan of subdivision (19T – 79025) at the OMB Hearing on the file, scheduled to
commence on January 28, 2002;
And that the draft plan
of subdivision be revised to reflect the principles outlined in the notes by
Mr. Jim Kirk on behalf of the Devil’s Elbow Ratepayers Association (Appendix
‘A’ attached to
Development Services Report dated January 22, 2002), as
endorsed by Council on December 11, 2001;
And that the Owner pay
the required subdivision processing fees in accordance with the Tariff of Fees
By-law;
And that water
supply allocation be granted to the subject property, subject to any
requirements resulting from the Functional Servicing report being incorporated
into the draft plan and provided for in the subdivision agreement to the
satisfaction of the Director of Engineering;
And that sanitary
sewage allocation be granted to the subject property, subject to any
requirements resulting from the Functional Servicing report being incorporated
into the draft plan and provided for in the subdivision agreement to the
satisfaction of the Director of Engineering;
And that the Town
reserves the right to revoke or reallocate such water allocation should
construction not proceed in a timely manner;
And that the
applicant submit Architectural Control Guidelines, prepared by a qualified
professional, for approval by the Commissioner of Development Services;
And that
following the Ontario Municipal Board hearing staff report back to Council on
the merit of initiating an Official Plan Amendment for the subject lands, to
incorporate, into the Official Plan, specific density policies corresponding to
any approval of the draft plan of subdivision.
And that the
conditions of Draft Plan Approval be amended to delete condition 1.7 and to
replace it with the following: "The following Warning Clause shall be
included in a registered portion of the subdivision agreement and in all offers
of purchase and sale:
Purchasers are advised that that the
subdivision is within 3 kilometers of the
Toronto-Buttonville
Municipal airport."
6. REGION'S REQUEST TO REVISE THE MARKHAM
BY-PASS CROSS SECTION (5.10,
13.4.3)
Committee expressed
concerns regarding the timing of the construction of the project, and the
description of the cross-section in the recommendation and requested that the
words "on the south and west sides" be deleted.
Staff was requested
to forward a copy of the report to the Rouge Park Alliance.
RECOMMENDATION:
That an urban
cross section of the proposed Markham By-pass abutting the Cornell Community
from Hwy 7 to 9th Line, be endorsed subject to the following
conditions:
- The Region be required to update the water
quality/stormwater management report for By-pass to the satisfaction of the
TRCA and the Town
- The Region be required to provide an enhanced
level of landscaping within the By-pass boulevard and median abutting the
Cornell development to the satisfaction of the Town.
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* Amended by Council at
its meeting held January 29, 2002, to read as follows:
That an urban
cross section of the proposed Markham By-pass on the side of the street
abutting the Cornell Community from Hwy 7 to 9th Line, be endorsed
subject to the following conditions:
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Other matters
considered by the Development Services Committee on January 22, 2002
7. YORK
REGION AND AREA MUNICIPALITIES PRIVATE
PUBLIC PARTNERSHIPS (10.0)
The Commissioner of Development
Services gave a brief update regarding the York Region and area municipalities
private-public partnership with respect to rapid transit.
RECOMMENDATION:
That the presentation by the
Commissioner of Development Services regarding rapid transit, be received for
information.
8. ECONOMIC
DEVELOPMENT STRATEGY DISCUSSION (10.16)
Ian Jones, Director of Economic
Development made a presentation regarding the Economic Development Strategy,
including its mission, opportunities for the future, its core activities, focus
points, and the importance of research, sustainability, staffing and
partnerships.
Committee discussed the strategy at
length, and the Commissioner of Development Services advised that a report
would be brought forward by staff regarding organizational structure in the
near future.
It was noted that the Director of
Economic Development had recently submitted his resignation and Members
expressed appreciation to Ian Jones for all of the work during his time with
the Town, and wished him every success in his future endeavours, and hoped that
he would remain in touch.
RECOMMENDATION:
That the presentation by the Director
of Economic Development regarding the Economic Development Strategy, be
received for information.
9. NEW
PROMOTIONAL DVD (10.16)
Ian Jones, Director of Economic
Development presented a new promotional DVD, and explained the process followed
with respect to packaging and distribution.
RECOMMENDATION:
That the presentation by the Director
of Economic Development regarding a new promotional DVD, be received for
information.
10. NATURAL HERITAGE LAND ACQUISITION FUND
ENVIRONMENTAL SUSTAINABILITY FUND (8.0)
Lilli Duoba, Project Coordinator, made
a presentation regarding two new funds in the Town. One fund would be for the acquisition of key environmental lands,
and the second would be for corporate and community based projects and
initiatives that promote environmental responsibility and innovation, and
enhance the Town's natural resources.
Following a brief discussion by
Committee of the options available relating to the type of funds,
sustainability and administration, the Commissioner of Development Services
advised that a report will be presented at a future date.
RECOMMENDATION:
That the presentation given by Lilli
Duoba, Project Coordinator, regarding the Natural Heritage Land Acquisition
Fund and the Environmental Sustainability Fund, be received for information.
11. PLATINUM HEALTH AND FITNESS STUDIOS, 60
GREEN LANE
MOBILE SIGN BY-LAW (2.16.2)
Mr. Anthony Giorgio, Owner/Manager of
Platinum Health and Fitness Studios, 60 Green Lane, Thornhill, was in
attendance to request that the Town of Markham permit him to utilize the time
allotment of the Mobile Sign not being used by other businesses occupying units
near his place of business.
RECOMMENDATION:
That the deputation by Mr. Anthony
Giorgio, Owner/Manager of Platinum Health and Fitness Studios, 60 Green Lane,
Thornhill, with respect to utilizing the time allotment of the Mobile Sign not
being used by other businesses occupying units near his place of business, be
received;
And that the matter be referred
back to staff to consider options for a permanent solution.
12. ECONOMIC
DEVELOPMENT ACTIVITY UPDATE 2001 (10.16)
RECOMMENDATION:
That the report dated January 22,
2001 entitled "Economic Development Activity Update 2001" be received
for information.
13. HERITAGE
MARKHAM COMMITTEE MINUTES
December 12, 2001 (16.11)
RECOMMENDATION:
That the Heritage Markham Committee minutes, December 12,
2001, be received for information.
14. MAIN
STREET MARKHAM COMMITTEE MINUTES
November 21, 2001 (16.39)
In response to a query by Councillor J. Heath, Alan Brown,
Director of Engineering, was asked to look into reports of a possible delay
relating to the Mount Joy GO Station.
It was confirmed that the Station will be on schedule for completion in
October, 2002.
Concern was expressed that to date no work has been carried
out to improve the condition of the Tremont Hotel building. It was suggested that the owner be invited
to meet informally with staff and Members of the Markham Sub-Committee to
discuss options available.
RECOMMENDATION:
That the Main Street Markham Committee minutes, November 21,
2001, be received for information.
15. NEAMSBY
INVESTMENTS INC., 1525 DENISON STREET
REZONING APPLICATION FOR
FARMERS MARKET (ZA.01-118464) (10.5)
RECOMMENDATION:
That a Public Meeting
be held to consider zoning by-law amendment application ZA.01-118464 submitted
by Neamsby Investments Inc., to permit a farmers market at 1525 Denison Street.
COMMUNICATIONS
RECOMMENDATION:
That Development Services Committee
receive and consents to the disposition of Item Nos. 16 and 17 in the following
manner:
16. James
Gain (10.0)
Requesting
consideration of Historical sepia-toned murals in Markham Received
17. Go
Transit Board Agenda (5.14.2)
January 18, 2002 Received
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The Development
Services Committee recessed In-camera at the hour of 2:30 p.m. to discuss a
property matter, and reconvened at the hour of 3:50 p.m.
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Public Meeting
Attendance
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V. Shuttleworth, Manager of Development
B. Karumanchery, Coordinator,
South District
N. Surti, Planner
K. Bavington, Committee Secretary
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The Development Services Committee
convened at the hour of 7:00 p.m. in the Council Chamber with Councillor G.
McKelvey in the Chair.
DISCLOSURE OF INTEREST - none
18. BARWIN
LIMITED PARTNERSHIP, 55 HARVEST MOON DRIVE
REZONING APPLICATION FOR
RESTAURANT (ZA 01 113977) (10.5)
The Chair advised that the subject of the Public Meeting
this date was to consider Rezoning application, File ZA 01 113977, submitted by
Barwin Limited Partnership, for a restaurant at 55 Harvest Moon Drive.
Committee was advised that 151 notices were mailed on
January 2, 2002, and a public meeting sign was posted December 21, 2001. The
Committee received written submissions from:
1) Laureene V.
Lee, 68 Harvest Moon Drive, in opposition;
2) Petition
with 28 signatures, in opposition.
Mr. Nilesh Surti, Planner, made a
presentation regarding the proposal, explaining the location, surrounding uses,
and proposed new restaurant use in addition to existing, legal non-conforming
restaurant and bakery uses that have existed for approximately 20 years. He
explained that an enclosed garbage structure to contain garbage for the entire
plaza will be added to the rear of the building as a part of the site plan, and
the proposed restaurant will include a refrigerated garbage storage unit. Mr.
Surti advised the parking provided exceeds by-law requirements. Committee
questioned whether the non-conforming uses should be recognized legally by the
proposed by-law, and requested staff address this issue in the follow-up
report.
Mr. David Sin, Architect,
representing the applicant, reviewed parking and garbage containment issues. He
advised the owner has had no success renting the unit for an existing permitted
use, although a tenant for the proposed use has not been found. He also advised
that a noise study indicates noise impacts are negligible, and that the
Planning Department recommends the use of an ecologizer type unit to mitigate
odours. The Committee directed staff to investigate if installation of an
ecologizer type unit is enforceable as a condition of site plan approval.
In response to questions, staff
advised there are no statutory controls over hours of operation, however, if
the owner is in agreement, stipulations can be put in the site plan agreement.
Mr. Sin could not comment on that possibility without consulting the owner.
The following members of the public
spoke in opposition to the application:
Mr. Klaus Faber, 46 Harvest Moon
Drive, L3R 3N4
Mr. Wolfgang Skublak, 51 Harvest Moon
Drive, L3R 3N5
Mr. Amal A. Gendi, 53 Harvest Moon
Drive, L3R 3N5
Mr. Peter D'souza, 30 Harvest Moon
Drive, L3R 3N2
Ms. Laureene V. Lee, 68 Harvest Moon
Drive, L3R 3N6
Ms. Cynthia Skublak, 51 Harvest Moon
Drive, L3R 3N5
Their concerns included the increased
garbage and resulting rodents and animal infestation, noise, specifically early
morning and late night noise from trucks, and light pollution, that may result
from the additional restaurant use, particularly for a late-night operation.
One access to the plaza is onto Harvest Moon Drive, and the resident had
concern for the impact of increased traffic and overflow parking. A concern was
expressed for the condition of the fence to the north of the plaza, and staff
advised the owner has agreed to repair it.
The Committee discussed that the uses
permitted by the 20-year-old by-laws are no longer sufficient in today's
market, and that changes may be appropriate. It was suggested that a viable
plaza would be in the community's best interest, and that a community meeting
to consider appropriate uses may be helpful. Committee directed the follow-up
report address the requirement for a further Public Meeting if the proposed use
changes.
RECOMMENDATION:
That the Development Services
Committee Report dated December 4, 2001 entitled "Barwin Limited
Partnership, Application for Rezoning and Site Plan Approval to Permit
Restaurant Use at 55 Harvest Moon Drive", be received;
And that the Record of the Public
Meeting held on January 22, 2002, with respect to the proposed amendment to
By-law 72-79, as amended, be received;
And that a meeting be arranged between the Milliken Mills
Subcommittee, the residents in attendance indicating an interest, and the
applicant, to consider other possible and appropriate uses such as a school,
daycare, florist, dance studio, or other similar uses;
And further that the application by Barwin Limited Partnership
be referred back to staff for a report and recommendation, including any
recommendation resulting from the Milliken Mills Subcommittee regarding other
appropriate uses;
And that if a further change in use is proposed, that a
further Public Meeting with full notification be held, if deemed appropriate by
the Committee.
ADJOURNMENT
The Development Services Committee meeting adjourned at the
hour of 8:30 p.m.