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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2005-06-07

Meeting No. 11

All Members of Council

Development Services                                                                             Economic Development

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

Vice-Chair:      Councillor D. Horchik

 

PART A - 10:00 a.m. - Canada Room

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

 

Attendance

Deputy Mayor  F. Scarpitti (11:40)

Regional Councillor J. Heath (L-2:45)

Regional Councillor J. Jones

Regional Councillor B. O’Donnell

Councillor J. Webster

Councillor G. McKelvey

Councillor D. Horchik

Councillor A. Chiu

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

R. Blake, Senior Project Coordinator

J. Bosomworth, Manager of Strategy and Innovation

M. Boyce, Senior Policy Coordinator

A. Brown, Director of Engineering

D. Clark, Town Architect

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

G. Day, Planner II

L. Duoba, Project Coordinator

S. Heaslip, Senior Project Coordinator

A. Henriques, Planner II

R. Hutcheson, Manager of Heritage

L. Irvine, Manager, Parks and Open Space Planning

I. James, Planner, Urban Design

R. Kendall, Senior Project Coordinator

S. Marsh, Planner II, Urban Design

V. Shuttleworth, Director of Planning and Urban Design E. Silva-Stewart, Senior Planner

M. Visser, Manager, Strategy, Innovation & Investments

K. Webber, Administrative Assistant

L. Wimmer, Senior Planner, Urban Design

M. Wouters, Senior Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 10:00 a.m. in the Canada Room with Councillor G. McKelvey in the Chair.

 

 

DISCLOSURE OF INTEREST – none declared

 

1.         ASSUMPTION OF PLANS OF SUBDIVISION  (10.7)   

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

Whereas by Memorandum dated May 26, 2005 the Director of Engineering advised that the guarantee periods for Registered Plans 65M-2919, 65M-2147, 65M-2457, 65M-2926, 65M-2927, 65M-3092, 65M-3149, 65M-2668, 65M-2512, 65M-2513, 65M-3180, 65M-3190, 65M-3242, 65M-3330, 65M-3191, 65M-3156 and 65R-7490, 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:

T.S.L. Investments Ltd.                                                            65M-2919

Bramalea Limited                                                                      65M-2147

621538 Ontario Inc.                                                                 65M-2457

Monarch Construction Limited                                      65M-2926 and

                                                                                                65M-2927

Cedarland Properties Limited                                                    65M-3092

Cedarland Properties Limited                                                    65M-3149

Stringbridge Investments Limited                                               65M-2668

Buttonwood Estates Limited                                                     65M-2512 and

                                                                                                65M-2513

Daniels Rouge Corporation                                                       65M-3180 and

                                                                                                65M-3190

Mattamy (Sixteenth) Limited                                                     65M-3242

Baystore Developments Inc.                                                     65M-3330

Cedar-Erin Developments Inc.                                      65M-3191

Raymerville Developers Limited                                                65M-3156

387004 Ontario Limited and

Allstate Insurance Company of Canada                                     65R-7490 (Tiverton Court – Part 7);

 

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.         VARIANCE TO THE FENCE BY-LAW 277-97
            625 COCHRANE DRIVE
(2.19)     Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the report entitled “Variance to the Fence By-Law 277-97 at 625 Cochrane Drive” to Development Services Committee, dated June 7, 2005 be received;

 

And that the request to grant relief from the provisions of the Fence By-Law 277-97 to permit a 1.8m high decorative metal screen fence in the front yard of a commercial office building (to screen a proposed backup generator unit) at 625 Cochrane Drive, whereas the by-law permits a maximum 1.2m high fence in the front yard, be approved.

CARRIED

 

 

 

 

3.         RODEO FINE HOMES, 378 JOHN STREET, THORNHILL
            ZONING BY-LAW AMENDMENT TO PERMIT THE
            CONSTRUCTION OF 3 NEW SINGLE DETACHED DWELLINGS
            (ZA 04 024598) (10.5)      Report

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Councillor D. Horchik

 

That the staff report entitled “Recommendation Report:  Rodeo Fine Homes – Application for Zoning By-law Amendment to permit the construction of 3 new single detached dwellings at 378 John Street, Thornhill (ZA 04 024598)” be received;

 

And that the zoning by-law amendment application (ZA 04 0245598) to amend By-law 151-75 as amended, submitted by Rodeo Fine Homes to change the zone category to R8 with a hold and amend development standards to permit the creation of three lots on the subject lands municipally known as 378 John Street, be approved and the draft Zoning By-law be finalized and enacted.

CARRIED

 

 

 

 

 

 

 

 

 

 

4.         IBRANS DEVELOPMENT LTD., 7033 14TH AVENUE
            BOX GROVE PLANNING DISTRICT (19TM-04001)
            PLAN OF SUBDIVISION AND IMPLEMENTING ZONING BY-LAW
            AMENDMENTS (SU 04 009413, ZA 04 009405) (10.5, 10.7)
     Report

 

Committee received an amended draft resolution with changes regarding servicing allocation.

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor B. O’Donnell

 

That the amended draft resolution dated June 7, 2005, be received;

 

That the staff report entitled “Ibrans Development Ltd. (19TM-04001), 7033 14th Avenue, Proposed plan of subdivision and implementing zoning by-law amendments, Box Grove Planning District” dated June 7, 2005, be received;

 

And that the record of the Public Meeting held on June 28, 2004 with respect to the applications by Ibrans Development Ltd. For draft plan of subdivision (19TM-04001) and implementing zoning by-law be received;

 

And that Ibrans Development Ltd. Be granted a servicing allocation of 34 units, such allocation to be from the total allocation available for the Box Grove Secondary Plan area, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing allocation from the Director of Engineering and the Director of Planning and Urban Design;

 

And that draft plan of subdivision 19TM-04001 (SU.04-009413) located south of 14th Avenue, east of 9th Line, proposed by Ibrans Development Ltd., be draft approved subject to the conditions outlined in Appendix ‘A’ to the staff report;

 

And that zoning application (ZA.04-009405) to amend By-law 304-87, and By-law 177-96, submitted by Ibrans Development Ltd., be approved and the implementing Zoning By-law be finalized and enacted;

 

And that the Town reserve the right to revoke or reallocate water and sewage allocation at its sole discretion;

 

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

 

And that Ibrans Development Ltd. provide the Town with the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000).

CARRIED

 

 

 

 

 

5.         MILLIKEN MAIN STREET STUDY
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
           
(OP 04 009433, ZA 04 009448) (10.3, 10.5)     Report

 

The Ward Councillor introduced members of the Milliken Main Street Advisory Committee in attendance, and expressed appreciation to the Advisory Committee and staff for their work on this project.

 

Staff gave a presentation on the Milliken Main Street Study and reviewed the proposed Secondary Plan amendments, policy changes, the Transportation Study analysis, and the next steps in the process. 

 

Peter Chee of Mi-Ko Urban Consulting Inc., representing Tang’s Automotive Centre Ltd. at 210 Old Kennedy Road, provided a written submission. Their concerns are: the current automotive uses are not recognized; the requirement for dedication of rights-of-way; ‘Holding’ provisions; zoning standards; and, additional charges that are applicable. Staff responded to the concerns identified, explaining of possible legally non-conforming status and advising that staff is working with the landowners regarding the area-specific Development Charges.

 

Ben Quan, 17 Bauer Crescent, representing a property owner, is generally supportive of the proposal and will meet with staff to discuss any concerns prior to the amendments going to Council.

 

Sonny Hakkim, 23 Windsong Court, submitted a letter with concerns with respect to the high density at the north end of the study area, the shortfall of open space dedication, and the small percentage of land allocated as ‘Milliken Main Street’. Staff explained the rational for high density and discussed Mr. Hakkim’s comments.

 

Committee discussed opportunities for high density residential at the south end near the GO Station. Staff advised that the Secondary plan does encourage high density, and zoning applications will address specific development proposals. With respect to the streetscape, a proposal for a community improvement plan will be coming forward in the fall.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That correspondence from Peter Chee of Mi-Ko Urban Consulting Inc., representing Tang’s Automotive Centre Ltd., and Sonny Hakkim, with concerns for the proposed Official Plan and Zoning By-law amendments for the Milliken Main Street Study, be received;

 

And that the deputations by Peter Chee of Mi-Ko Urban Consulting Inc., representing Tang’s Automotive Centre Ltd., Ben Quan, representing a property owner, and Sonny Hakkim, with concerns for the proposed Official Plan and Zoning By-law amendments for the Milliken Main Street Study, be received;

 

And that the report entitled “Milliken Main Street Study: Official Plan and Zoning By-law Amendments (OP 04 009433, ZA 04 009448)”, dated June 7, 2005, be received;

And that the Official Plan Amendment, incorporating a Secondary Plan for the Milliken Main Street Area within the Risebrough Planning District, be approved and adopted;

 

And that the Region of York be requested to approve the Official Plan Amendment incorporating a Secondary Plan for the Milliken Main Street Area in the Risebrough Planning District;

 

And that the draft implementing zoning by-laws be finalized and enacted;

 

And that the recommendations of the Safety Audit of the Old Kennedy Road/Denison Street intersection be implemented and the existing configuration of the Old Kennedy Road/Denison Street intersection be endorsed;

 

And that the draft by-law to designate the Milliken Main Street Secondary Plan area as a Community Improvement Project Area, be finalized and enacted; and

 

And that a Public Meeting be held to consider the draft Milliken Main Street Area-Specific Development Charges By-law, once a draft by-law has been prepared to the satisfaction of the Commissioner of Development Services.

CARRIED

 

6.         MARKHAM SUITES HOTEL LTD. (HILTON SUITES HOTEL)
            8500 WARDEN AVENUE, MARKHAM CENTRE
            ZONING BY-LAW AMENDMENT, PARKING BY-LAW TO PERMIT
            PAID PARKING ON HOTEL PROPERTY (ZA 05 005737)  Report   By-law

 

Committee discussed control of the fees charged by the property owner, and enforcement on private property. Staff advised a by-law must be enacted for a specific property to allow the owner and his designated agents to enforce parking restrictions.

 

It was noted that surrounding owners, and possibly the entire Markham Centre area, will subsequently be forced to provide secure or paid parking, and it was suggested that a monitoring program be implemented.

 

Committee discussed revenues and anticipated costs. Staff does not anticipate significant court costs, as the agent that issues the ticket must carry out the court process, while the Town will get the revenue from the tickets.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor B. O’Donnell

 

That the recommendation report on the application submitted by Markham Suites Hotel Ltd. (Hilton Suites Hotel) at the southwest corner of Highway #7 and Warden Avenue to permit paid parking be received;

 

And that the by-law to amend Zoning By-law No. 28-97 (Parking By-law) to permit the introduction of paid parking in conjunction with the hotel operations at 8500 Warden Avenue be enacted;

And further that the Town Clerk bring forward to Council a separate by-law to deal with identification of Hilton Suites Hotel staff as Provincial Offences Officers for the purpose of the issuance of Town Parking Tickets.

 

And that staff monitor the paid parking program and report to the Development Services Committee in two years.

CARRIED

 

7.         WOODBINE AVENUE BY-PASS
            VILLAGE OF VICTORIA SQUARE (5.10)

 

Committee requested a list of capital projects and their total cost, that the Town had asked the Region of York to defer, and a comparison with the projects that were not deferred. The information is requested for the Council meeting on June 14, 2005.

 

Moved by: Councillor D. Horchik

Seconded by: Deputy Mayor F. Scarpitti

 

Whereas the completion of the Woodbine By-pass will reduce the volume of traffic through the Hamlet of Victoria Square;

 

And whereas the Woodbine By-pass will enable employment lands to proceed in the Cathedral Secondary Plan;

 

And whereas the Town of Markham has requested the Cathedral Developers Group to advance the schedule for its construction to 2007/2009 from the Region’s current schedule of 2011/2012;

 

And whereas the Cathedral Developers Group are prepared to advance Stage 1 and 2 of the Woodbine By-pass to 2007/2009;

 

And whereas on March 8, 2005 Markham Council approved the principles of an agreement between the Region of York, the Cathedral Developers Group and the Town of Markham to advance the construction of the Woodbine By-pass;

 

And whereas the Cathedral Developers Group has advised that the Region of York’s financial conditions preclude them from advancing the construction schedule;

 

And whereas in 2004 Markham Council requested the Region of York to defer various capital projects;

 

Now therefore be it resolved that the Region of York be requested to undertake the following:

 

1.         Establish a mutually agreeable front ending agreement with the Cathedral Developers Group to ensure that the completion of Stages 1 and 2 of the Woodbine By-pass can be advanced to 2007/2009, and

 

2.         To advance completion of Stage 3 of the Woodbine By-pass to 2009 by utilizing unexpended or reallocated budget funds.

CARRIED

Public Meeting – To Council

 

 

8.         YORK REGION CONDOMINIUM CORPORATION NO. 279
            31 PORTERFIELD CRESCENT
, THORNHILL SECONDARY PLAN AREA,
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            (OP 05 006539 ZA 05 006552) (10.3, 10.5)  

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Official Plan and Zoning By-law amendments (Files OP 05 006539, ZA 05 005552) submitted by York Region Condominium No. 279 to permit a new condominium management office to replace the existing smaller building at 31 Porterfield Crescent, Thornhill.

 

Committee was advised that 12 notices were mailed on May 18, 2005, and a Public Meeting sign was posted on May 18, 2005. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues. The proposal has been amended since first submitted, and is being reviewed by staff.

 

There were no comments from the audience with respect to this application, and the Committee had no concerns.

 

After this matter concluded, Wendy Peters, 35 New Port Way, identified an interest in this matter, and was directed to speak to the Ward Councillor regarding her concerns.

 

Moved by: Councillor S. Daurio

Seconded by: Councillor A. Chiu

 

That the report from the Development Services Commission dated March 1, 2005, entitled “Official Plan and Zoning By-law Amendments to permit a condominium management office at 31 Porterfield Crescent, Thornhill Secondary Plan Area” be received;

 

And that the Record of the Public Meeting held on June 7, 2005, with respect to the proposed amendment to the Town of Markham’s Official Plan and Zoning By-law 1767, as amended, be received;

 

That the application by York Region Condominium Corporation No. 279 to amend the Town By-law 1767, as amended, be approved;

 

And that the proposed amendment to the Town’s Official Plan and Zoning By-law 1767, as amended, be enacted without further notice.

CARRIED

 

 

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Other matters considered by Development Services Committee on June 7, 2005:

 

 

 

9.         TREE PRESERVATION BY-LAW (2.21)

 

Staff gave a presentation regarding the proposed Markham Tree Preservation By-law. The presentation for the upcoming Public Information Meeting was outlined, including a discussion of the three options being considered.

 

Committee requested cost comparisons with the City of Toronto, which is the other municipality that has implemented a comprehensive urban area Tree By-law program (Option 3). Staff was also requested to review phasing, and simplification of the permit process and fees.

 

Committee directed the Public Information Meeting be held on June 21, 2005 at 6:30 p.m., prior to the Development Services Public Meeting.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That the staff presentation regarding Markham’s Tree Preservation By-law be received;

 

And that a Public Information Meeting be held on June 21, 2005, at 6:30 p.m.

CARRIED

 

 

10.       LIFESTYLE RETAIL CENTRES TOURS  (10.0)

 

Staff members that had participated with Council members in the recent Lifestyle Retail Centres Tours to the United States, gave an overview of their observations. A formal report with recommendations for principles and guidelines will be presented later in the year.

 

Highlights were shown from the tour of the Cleveland/Chicago area: Legacy Village, Crocker Park, The Glen, Old Orchard, Riverside Park, and Highland Park. For the Charlotte/Washington

area, the presentation included: Phillips Place, Birkdale Village, Reston Town Centre, Clarendon Market Commons, Pentagon Row, Washington Centre, Kentlands, King Farm Town Centre, and Bethesda Row.

 

Staff identified the emerging principle for Lifestyle Centres to be retail centres as a community focus. Staff will continue to work with commercial developers to identify opportunities for reformatting large scale retail projects.

 

Moved by: Councillor J. Webster

Seconded by: Councillor D. Horchik

 

That the staff presentation regarding the Lifestyle Retail Centres Tours be received.

CARRIED

 

 

11.       HIGHWAY # 48 URBAN DESIGN STUDY (10.8)

 

Calvin Brook of BrookMcIlroy Inc., Consultant, provided an update on the Highway 48 Urban Design Study, and gave a preview of the presentation for the Public Information Meeting being held on June 13, 2005. The presentation included an overview of the study, the objectives, and scenarios for mixed uses and large format retail stores.

 

Discussions by the Committee included the possible evolution of Highway 48 into a ‘Main Street’ as the By-pass will take most of the traffic away, the opportunity for more residential high-rises around the GO Station, and the use of Development Charges to fund streetscape improvements. It was suggested that this presentation be made to the Main Street Markham Committee.

 

Nik Mracic, representing Metrus Developments Inc., landowner on Highway 48, spoke of his concerns for replicating Main Street Markham in terms of retail competition, the location of servicing infrastructure, and parking issues. He requested a copy of the presentation.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Heath

 

That the presentation by Calvin Brook of BrookMcIlroy Inc., Consultant, regarding the Highway # 48 Urban Design Study be received.

CARRIED

 

 

12.       LOBLAW PROPERTIES LIMITED
            2938 MAJOR MACKENZIE DRIVE EAST
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS FOR
            LARGE FORMAT RETAIL PLAZA (OP 04 010924, ZA 04 010910)
(10.3, 10.5)

 

Steven Zakem of Aird and Berlis, Mario Fatica and Steve Thompson, all representing Loblaw Properties Limited, made a presentation regarding the proposal for large format retail at 2938 Major Mackenzie Drive. The Official Plan and Zoning by-law applications had been deferred by Council on May 24, 2005, to the Committee of the Whole meeting on June 14, 2005, at the Applicant’s request.

 

Mr. Fatica reviewed the progression of the proposal, and presented a revised site plan that includes additional lands acquired from the property to the north, that allows re-orientation of the Loblaw store and preservation of half of the woodlot. Mr. Zakem provided a draft resolution for the Committee’s consideration.

 

The Committee indicated that the draft resolution is premature, as Council must determine policy issues prior to consideration of the details of the revised proposal.

 

Moved by: Regional Councillor J. Jones

Seconded by: Regional Councillor B. O’Donnell

 

That the presentation by Steven Zakem of Aird and Berlis, Mario Fatica and Steve Thompson, all representing the Applicant, Loblaw Properties Limited, regarding the revised proposal for large format retail at 2938 Major Mackenzie Drive, Official Plan and Zoning By-law Amendment application Files OP 04 010924 and ZA 04 010910, be received and referred to the Committee of the Whole on June 14, 2005, for consideration of policy issues.

 

CARRIED

 

13.       HIGHWAY # 7 STREETSCAPE STUDY (10.8)

 

Moved by:  Councillor A. Chiu

Seconded by: Regional Councillor B. O’Donnell

 

That the presentation regarding the Highway # 7 Streetscape Study be postponed.

 

 

 

14.       FEE BY-LAW (10.0, 7.0) 

 

Staff made a presentation regarding proposed amendments to the Fee By-law.  Municipalities are required to amend Building Fees by July 1, 2005, to be compliant with the new Building Code Statute Law Legislation (Bill 124). Staff outlined the general methodology used to determine costs and fees, and issues to be considered.

 

Staff will be meeting with the development community later this week. A proposed fee structure will be before the General Committee on June 20, and a by-law will be brought to Council on June 28, 2005.

 

Committee discussed subsidizing Heritage costs, and indirect costs such as staff training and liability insurance.

 

Moved by: Regional Councillor J. Jones

Seconded by: Regional Councillor B. O’Donnell

 

That the staff presentation regarding the Fee By-law, be received.

CARRIED

 

 

15.       UNIONVILLE HIGH SCHOOL SITE PLAN
            (SC 00 246384) (10.6) 

 

Staff provided a brief update of the history and issues related to the site plan application for an expansion to the Unionville High School on Town Centre Boulevard.

 

Discussions included the proposed traffic circulation patterns and signage. The intention is to monitor the Warden Avenue / Apple Creek Boulevard intersection to determine if improvements are required. It may be necessary to consider cost-sharing with the School Board for improvements.  It was noted that the changes will not impact traffic for the Markham Theatre at the Apple Creek Boulevard access, although concern was expressed for confusion that may occur. Staff will review signage and daytime restrictions, and will consult with the School Board and the Region regarding two west-bound lanes on Apple Creek, and report back to the Committee. If road-widening is necessary, this may be the time to obtain the land from the school.

 

Staff confirmed that landscaping improvements will be completed, and advised that the drop-off/pick-up area will be re-located from the front door, to eliminate traffic congestion in front of the Civic Centre.

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Councillor D. Horchik

 

That the staff update regarding the Unionville High School Site Plan be received.

CARRIED

 

 

16.       PRESENTATION OF SERVICE AWARDS (12.2.6)

 

The following staff were presented with service awards:

 

Laurie Canning, Supervisor, Fleet Maintenance – 20 years

Lori Wells, Manager of Programs, Recreation and Culture Services – 20 years

George Chan, Mechanical Engineer, Building Standards – 15 years

Jennifer Banfield, Administrator, Compensation & Benefits, Human Resources – 10 years

Peter Czajka, Parks Labourer/Driver, Operations and Asset Management – 10 years

Wilma De Souza, Contract Administrator, Financial Services – 10 years

Fred Rich, Business Analyst, Financial Services – 10 years

Ramini Sivananthan, Cash Control Supervisor, Financial Services – 10 years

John Chadwick, Applications Support Specialist, Information Technology Service – 5 years

Abigail Whiting, Tax Mortgages Clerk, Financial Services – 5 years

Wilson Wong, Applications Support Specialist, Information Technology Service – 5 years

James Wilson, Roads Labourer/Driver, Roads Maintenance – 3 years

 

 

 

17.       HERITAGE MARKHAM COMMITTEE MINUTES
-
May 11, 2005 (16.11)      Minutes

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the minutes of the Heritage Markham Committee meeting held May 11, 2005, be received for information.

CARRIED

 

18.       MAIN STREET MARKHAM COMMITTEE MINUTES
-
May 18, 2005 (16.39)      Minutes

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the minutes of the Main Street Markham Committee meeting held May 18, 2005, be received for information.

CARRIED

 

 

19.       MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
- April 18, 2005 (16.34)     Minutes

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the minutes of the Markham Public Art Advisory Committee meeting held April 18, 2005, be received for information.

CARRIED

 

 

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

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

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 June 7, 2005.

CARRIED

 

 

21.       TRUTH TABERNACLE OF MARKHAM INC.
            717 HIGHGLEN AVENUE, SITE PLAN APPLICATION
            TO
PERMIT A PLACE OF WORSHIP (SC 04 027977) (10.6)    Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor B O’Donnell

 

That the Development Services Commission Report entitled “Truth Tabernacle of Markham Inc., application for Site Plan Approval to permit a place of workship at 717 Highglen Avenue” be received;

 

And that the Site Plan Control application (SC 04 027977) submitted by Truth Tabernacle of Markham Inc. to permit a 1,160.2 m2 (12,488.7 ft2) place of worship at 717 Highglen Avenue, be approved subject to the following conditions:

 

1.      Final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services;

 

2.      A Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted to the satisfaction of the Commissioner of Development Services;

 

3.      The Owner shall comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

4.      The Owner shall comply with the requirements of the applicable zoning by-law or obtain any necessary minor variances to accommodate the proposal;

 

5.      The Owner shall enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town and public agencies;

 

6.      The Owner shall pay all applicable fees, recoveries, development charges, parkland dedications, and any financial obligations related to applicable Developers Group Agreements;

 

7.      The Owner shall obtain all necessary approvals from the Regional Municipality of York (Transportation and Works Department);

 

8.      The Owner shall enter into appropriate easement agreements with the adjoining landowner to the south providing for a cross use and joint maintenance of a shared driveway aisle along the mutual property line;

 

9.      The Owner shall submit to the Engineering Department for approval, revised site servicing and grading drawings, municipal service connections details, and a revised stormwater management report, prior to the building permit stage.  Drawings are to be prepared and stamped by a Professional Engineer with a Certificate of Authorization from Professional Engineers of Ontario; and

 

10.  The site plan approval shall lapse after a period of three years commencing June 7, 2005, in the event a site plan agreement is not executed within that period.

 

CARRIED

 

 

 

 

 

22.       MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL
            RESPONDING TO
MARKHAM’S COMMENTS ON THE
            VIVA PROGRAM (13.2.1)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the correspondence dated April 22, 2005, from the Minister of Public Infrastructure Renewal, responding to Markham’s comments regarding the Viva Program, be received.

 

CARRIED

 

23.       CONSERVATION AUTHORITIES MORAINE COALITION
            2004 ACCOMPLISHMENTS (13.13.2)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the correspondence from the Conservation Authorities Moraine Coalition, dated May 2, 2005, detailing their efforts and successes in 2004, be received.

CARRIED

 

 

24.       YORK REGION, EXCELLENCE IN MANUFACTURING
            CONSORTIUM – YORK MANUFACTURING NETWORK (13.4)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the correspondence from York Region, dated May 20, 2005, regarding Clause 1, Report No. 5 of the Planning and Economic Development Committee, providing an update on the Excellence in Manufacturing Consortium, York Network, be received.

CARRIED

 

 

25.       JOHN A. GAMBLE TO MARTIN SCOTT, P. ENG,
            RE:
MARKHAM BYPASS ENVIRONMENTAL STUDY (10.8)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the correspondence dated May 27, 2005, from John A. Gamble, 10 Rouge River Circle, to Martin Scott, P. Eng, regarding concerns for the proposed Markham Bypass, be received.

 

CARRIED

26.       RON AND KAREN FEDDERSEN, ROUGE RIVER CIRCLE
            RE: MARKHAM BYPASS AND PARKVIEW GOLF COURSE (10.8)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the correspondence dated June 1, 2005, from Ron and Karen Feddersen of Rouge River Circle, with concerns regarding the proposed Markham Bypass and the Parkview Golf Course, be received.

CARRIED

 

 

27.       GEORGE INGRAM, RE: MARKHAM BYPASS AND PARKVIEW
            GOLF COURSE (10.8)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the correspondence dated May 31, 2005, from George Ingram, with concerns regarding the proposed Markham Bypass and the Parkview Golf Course, be received.

CARRIED

 

 

28.       16TH AVENUE SANITARY SEWER  (5.3)

 

Committee was advised that there is a possibility the 16th  Avenue sanitary sewer project may be expedited and allocation may be available sooner, if the construction shaft is relocated from Stone Mason Drive to McCowan Road. The Ward Councillor, the Deputy Mayor and staff agreed to follow up on this as soon as possible.

 

 

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IN CAMERA

 

Moved by: Regional Councillor J. Jones

Seconded by: Regional Councillor B. O’Donnell

 

That the Development Services Committee recess in-camera at 2:50 p.m. to consider a financial  matter.

CARRIED

 

29.       FINANCIAL MATTER (7.0)

 

Moved by: Regional Councillor J. Jones

Seconded by: Regional Councillor B. O’Donnell

 

That the Committee rise from in-camera at 3:00 p.m.

CARRIED

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PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

            Deputy Mayor  F. Scarpitti (7:45)

            Regional Councillor J. Heath

            Regional Councillor J. Jones

            Regional Councillor B. O’Donnell

            Councillor S. Daurio

            Councillor J. Webster

            Councillor G. McKelvey

            Councillor D. Horchik

            Councillor A. Chiu

V. Shuttleworth, Director of Planning and Urban Design

R. Blake, Senior Project Coordinator

S. Heaslip, Senior Project Coordinator

S. Kitagawa, Acting Senior Project Coordinator G. Sellars, Senior Planner

T. Williams, Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 7:05 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair. 

 

 

30.       KENNEDY MACKENZIE CONSIX INVESTMENT LTD., BERCZY VILLAGE
            EAST OF KENNEDY ROAD, SOUTH OF MAJOR MACKENZIE DRIVE
            DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT
            (SU 04 028638, ZA 05 012867) (10.5, 10.7)   

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Draft Plan of Subdivision and Zoning By-law amendment (Files SU 04 028638, ZA 05 012867) submitted by Kennedy Mackenzie Consix Investment Ltd., for lands east of Kennedy Road and south of Major Mackenzie Drive in Berczy Village.

 

Committee was advised that 130 notices were mailed on May 18, 2005, and a Public Meeting sign was posted on May 17, 2005. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues. Site Plan Approval conditions will include Regional approval for water allocation for 27 units, and the applicant’s responsibilities for road construction and to remedy conflicting lot lines.

 

Elizabeth Howson of Macaulay, Shiomi, Howson Ltd., representing the applicant, Kennedy Mackenzie Consix Investments Inc., was in attendance to answer any questions.

 

Gus Speciale, 104 Thomas Foster Street, had concerns regarding the proposed lot size and traffic issues. Mr. Speciale suggested traffic calming measures such as a speed hump and a stop sign would help prevent residents from using the road as a shortcut to the plaza, and to slow down speeding cars, particularly near the William Berczy Parkette.

 

Dean Christefilos, 377 William Berczy Boulevard, had concerns for speeding traffic and the safety of the children at the parkette and schools. Mr. Christefilos felt public consultation is necessary if the zoning is to be changed. Staff responded to the comments made and advised that the purpose of tonight’s Public Meeting is for consultation with the public on the rezoning application. The Committee requested that the Director of Engineering respond to the speakers regarding their traffic concerns.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the deputations by Gus Speciale and Dean Christefilos with concerns regarding the proposed Draft Plan of Subdivision and Zoning By-law amendment (Files SU 04 028638, ZA 05 012867) submitted by Kennedy Mackenzie Consix Investment Ltd., for lands east of Kennedy Road and south of Major Mackenzie Drive in Berczy Village, be received;

 

And that the Record of the Public Meeting held on June 7, 2005, with respect to the proposed amendments to By-law 304-87 and 177-96, as amended, Kennedy Mackenzie Consix Investments Limited to permit 27 part lots and 14 single detached lots east of Kennedy Road, south of Major Mackenzie Drive, Berczy Village Community, be received;

 

And that the application by Kennedy Mackenzie Consix Investments Limited to amend By-laws 304-87 and 177-96 be referred back to staff for a report and recommendation.

CARRIED

 

 

 

31.       LOUIS KOUTSARIS, 366, 370 AND 376 STEELES AVENUE EAST
            DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT
            (ZH 97 207371, SU 99 029950) (10.5, 10.7) 

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Draft Plan of Subdivision and Zoning By-law amendment (Files ZH 97 207371, SU 99 029950) submitted by Louis Koutsaris for 366, 370 and 376 Steeles Avenue East.

 

Committee was advised that 107 notices were mailed on May 18, 2005, and a Public Meeting sign was posted on May 16, 2005. Committee received two written submissions from:

1.                  Hon Sang Lee, 6 Hammok Crescent, with concerns

2.                  Mordechai Fishman, 15 Hammok Crescent, in objection

 

Staff gave a presentation regarding the proposal, the location and surrounding uses. Outstanding issues include allocation of servicing for 8 units, noise attenuation, provision of a tree inventory and conservation plan, and cash-in-lieu of parkland.

 

Louis Koutsaris, Applicant, was in attendance, and spoke of his efforts to satisfy requirements and the neighbours’ concerns.

 

 

 

William Mondrow, 12 Hammok Crescent, stated his opinion that eight lots are too many for the property. Mr. Mondrow had concerns for traffic, and requested that a walkway or access to Hammock Crescent not be permitted.

 

Thomas Stewart, 16 Hammok Crescent, stated his opposition to a walkway through to Hammok Crescent, and his concerns for traffic congestion on Lauraleaf Road and Steeles Avenue.

 

Staff responded to comments, advising that traffic and access issues are being reviewed, and that all comments will be addressed in the final report. With respect to preventing a walkway, approval of this plan, which does not include a walkway, would provide some assurances, however, there are no guarantees against future proposals. The Ward Councillor agreed to convene a public information meeting with residents and staff prior to the final report being presented in the fall.

 

Moved by: Councillor S. Daurio

Seconded by: Councillor D. Horchik

 

That the written submissions from Hon Sang Lee and Mordechai Fishman with concerns regarding the proposed Draft Plan of Subdivision and Zoning By-law amendment (Files ZH 97 207371, SU 99 029950) submitted by Louis Koutsaris for 366, 370 and 376 Steeles Avenue East, be received;

 

And that the deputations by Louis Koutsaris, Applicant, and by William Mondrow and Thomas Stewart with concerns regarding the proposed Draft Plan of Subdivision and Zoning By-law amendment submitted by Louis Koutsaris, be received;

 

And that the Development Services Commission preliminary report dated May 17, 2005, entitled “Preliminary Report – Application by Louis Koutsaris for rezoning and Draft Plan of Subdivision approval to permit 8 detached lots at 366, 370, and 376 Steeles Avenue East (File Nos. ZH 97 207371, SU 99 029950)” be received;

 

And that the Record of the Public Meeting held on June 7, 2005, with respect to the application by Louis Koutsaris for rezoning and Draft Plan of Subdivision approval, be received;

 

And further that the applications be referred back to staff for a report evaluating the proposal;

 

And that the Ward Councillor convene a public information meeting before the staff report is presented in the fall of 2005.

 

CARRIED

 

 

 

 

 

 

 

32.       WISMER COMMONS COMMUNITY
PLANS OF SUBDIVISION AND ZONING BY-LAW AMENDMENTS

 

a)   BRAWLEY MANOR CORPORATION (3 PARCELS)

      EAST OF MINGAY AVE., NORTH OF EDWARD JEFFREY AVE.,

      NORTH OF 16TH AVE., EAST OF MINGAY AVE.,

      WEST OF MINGAY AVE., NORTH OF GOLDEN MEADOW DR.

      (ZA 02 115483, SU 02 115478, (19TM-02010)

 

b)   BRAWLEY MANOR CORPORATION AND

      MATTAMY (ROBINSON CREEK) LTD.

      SOUTH OF MONKHOUSE ROAD, WEST OF FOREST MANOR PLACE

      (ZA 02 115483, SU 02 115478, (19TM-02010), SU 03 113679, (19TM-03008)

 

c)   AMBER PLAINS INVESTMENTS LTD. (ZA 05 011731)

      SOUTH OF EDWARD JEFFREYS AVE., WEST OF GOLDEN MEADOW

 

d)   WYNBERRY DEVELOPMENTS INC.

      SOUTH OF MONKHOUSE ROAD, EAST OF SPENCER AVENUE

      (ZA 01 119040, SU 01 119048 (19TM-01020) (10.5, 10.7)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Draft Plans of Subdivision and Zoning By-law amendments in the Wismer Commons Community.

 

Committee was advised that on May 18, 2005, 467 notices were mailed for Brawley Manor Corporation and Mattamy (Robinson Creek) Ltd., 223 notices were mailed for Amber Plains Investments Inc., and 223 notices were mailed for Wynberry Developments Inc. Public Meeting signs were posted on May 17, 2005 for Brawley Manor Corporation, Mattamy (Robinson Creek) Ltd., and Amber Plains Investments Inc., and on May 18, 2005 for Wynberry Developments.

 

Committee received three written submissions from:

1.                  Reg Pembleton, 35 Spencer Avenue, Peter Ristevski, 27 Spencer Avenue, and Bruno Nardi, 31 Spencer Avenue, with concerns for application files ZA 02 115483, SU 02 115478 (19TM-02010) by Brawley Manor Corporation

2.                  Fred Kam, 18 Forest Manor Place, in objection to the application files ZA 02 115483, SU 02 115478 (19TM-02010) and SU 03 113679 (19TM-03008) by Brawley Manor Corporation and Mattamy (Robinson Creek) Ltd.

3.                  Terry Le Grice, 20 Forest Manor Drive, in objection to the application files ZA 02 115483, SU 02 115478 (19TM-02010) and SU 03 113679 (19TM-03008) by Brawley Manor Corporation and Mattamy (Robinson Creek) Ltd.

 

Staff gave a presentation regarding the proposals, the locations, and surrounding uses. Outstanding issues include Regional approval for servicing allocation, TRCA review of the extension of Golden Meadow Drive, the design of dwellings on Monkhouse Road, adjacent to Heritage Estates, and a traffic study is recommended for the proposed extension of Spencer Avenue.

 

 

Terry Le Grice, 20 Forest Manor Drive, stated his concerns for the subject lands abutting  Robinson Creek valley lands and the protection of the natural habitat on them. He requested that TRCA review the proposal. (Files ZA 02 115483, SU 02 115478 (19TM-02010) and SU 03 113679 (19TM-03008) by Brawley Manor Corporation and Mattamy (Robinson Creek) Ltd.)

 

Reg Pembleton, 35 Spencer Avenue, discussed his concerns for increased traffic, and access to 16th Avenue, and he suggested that Spencer Avenue not be opened to 16th Avenue. (Files ZA 02 115483, SU 02 115478 (19TM-02010) by Brawley Manor Corporation)

 

Henry Kedra, 10 David Gohn Circle, expressed concern for the impacts from the proposal on Monkhouse Road that will back onto Heritage Estates, with respect to building heights and elevations. (Files ZA 01 119040, SU 01 119048 (19TM-01020) Wynberry Developments Inc.) Staff advised that they have been working with the developer and have consulted with residents in Heritage Estates to ensure compatible development.

 

Staff responded to comments made, advising that the extension of Spencer Avenue is being reviewed, and that all the comments will be addressed in the final report coming forward in the fall.

 

Moved by: Regional Councillor J. Jones  

Seconded by: Councillor D. Horchik

 

That the written submissions from Reg Pembleton, Peter Ristevski, Bruno Nardi, Fred Kam, and

Terry Le Grice, with concerns regarding the proposed Draft Plans of Subdivision and Zoning By-law amendments in the Wismer Commons Community be received;

 

And that the deputations by Terry Le Grice, Reg Pembleton, and Henry Kedra, with concerns regarding the proposed Draft Plans of Subdivision and Zoning By-law amendments in the Wismer Commons Community be received;

 

And that the Record of the Public Meeting held on June 7, 2005, with respect to applications for amendments to Zoning By-laws 304-87 and 177-96 and draft plan of subdivision approval, be received;

 

And that the applications be referred back to staff for a report evaluating the proposal.

 

CARRIED

 

 

 

 

 

 

 

 

33.       WEST CATHEDRAL COMMUNITY
PLANS OF SUBDIVISION AND ZONING BY-LAW AMENDMENTS

 

a)   TUCCIARONE FAMILY, 3901 ELGIN MILLS ROAD EAST

      (SU 01 110126, ZA 01 110135)

 

b)   MONARCH CORPORATION, NORTH WEST CORNER OF ELGIN MILLS
ROAD AND WOODBINE AVENUE (SU 05 010966, ZA 05 010968)

     

c)   ROMANDALE FARMS LIMITED AND 404 DEVELOPMENTS INC.,

      10350 WOODBINE AVENUE (SU 05 009154, ZA 05009155)

 

d)   2014039 ONTARIO LTD., PART LOT 22 CONCESSION 3

      (SU 05 011381, ZA 05 011385)

 

e)   CATHEDRAL TOWN LIMITED, 404 DEVELOPMENTS INC., AND THE

      SLOVAK GREEK CATHOLIC CHURCH FOUNDATION

      PART LOTS 23, 24 AND 25, CONCESSION 3 (SU 05 011998)

 

f)    BARROWCREST DEVELOPMENTS INC., 2938 MAJOR MACKENZIE DR.

      (SU 02 118584, ZA 02 118517) (10.5, 10.7)

 

The Chair advised that the subject of the Public Meeting this date was to consider proposed Draft Plan of Subdivision and Zoning By-law amendments within the West Cathedral Community.

 

Committee was advised that 104 notices were mailed on May 18, 2005, and Public Meeting signs were posted on May 16 (Monarch), May 17 (Tucciarone) and May 18, 2005 (Romandale Farms and 404 Developments, Cathedral Town Ltd. / 404 Developments / Greek Slovak Catholic Church, 2014039 Ontario Limited, and Barrowcrest Developments). There were no written submissions received.

 

Staff gave a presentation regarding the proposals, the location, and surrounding uses. The proposals all comply with the draft Cathedral Secondary Plan (OPA 132) currently before the Region for approval. Other outstanding issues include distribution of available servicing allocation (557 units) among the applicants, scheduling and responsibilities for by-pass construction, and there are a number of studies still outstanding. Staff will prepare subdivision-specific reports prior to draft plan approval.

 

Jim Kirk of Malone Given Parsons, representing Mrs. Harmon, a property owner, identified  concerns regarding the buffer required for the watercourse that flows between his client’s property and the Tucciarone property. Mr. Kirk advised that a cost sharing agreement between the property owners has yet to be resolved.

 

Jim Robertson, 10617 Woodbine Avenue had concerns regarding the traffic pressures in Victoria Square. He requested that the by-pass be constructed as soon as possible, and that impacts such as construction traffic and reduced property values during the long-term development of this area, be addressed.

 

Deryic Taylor, 43 Boyd Court, a member of the Victoria Square Ratepayers Association, spoke of his concern for traffic in Victoria Square. Mr. Taylor suggested improvements be made to the  proposed designs, to avoid rows of townhouse walls and to be more compatible with the existing mix of styles, particularly along Elgin Mills Road. Mr. Taylor questioned the number of accesses onto Woodbine Avenue.

 

Professor  Mike Kusner, P.O. Box 472 Gormley, owns property just north of the Monarch lands. He is concerned that Woodbine Avenue is being neglected, and that the by-pass will not achieve its original intention, to preserve the community aspect of Victoria Square. Mr. Kusner suggested coordination is needed between the proposed and existing communities to ensure the designs are appropriate for the character of the Cathedral area.

 

Staff and the Committee discussed various matters and made the following comments:

-         staff is aware of the situation on the Harmon property and will continue to meet with parties to try to resolve it

-         five accesses are proposed for Woodbine Avenue

-         with respect to integration of traffic and the timing for the by-pass, the Town is working with the Region to arrange for up-fronting of construction

-         if construction of the by-pass can’t be accelerated, additional allocation might be granted to ensure timely completion

-         phasing for the by-pass with respect to the Monarch development may require that a temporary access be provided on Elgin Mills Road

-         a precinct plan has been requested from the developers, and close attention will be paid to design, particularly along main roads and townhouse placement

-         the grid-pattern road system has advantages, but interesting streetscapes can still be achieved

-         servicing plans for Victoria Square will be done through a  local improvement process

-         Victoria Square needs a commitment for streetscape improvements

-         Woodbine Avenue should not be widened

-         construction routes will be reviewed

-         an exceptional calibre of development and design is required for this area

-         midblock routes should be established

-         there may be amendments to the Barrowcrest development, due to development of lands to the south of Barrowcrest

 

The Committee questioned if establishing a Steering Committee would assist in ensuring timely advancement of development. Staff responded that the group is coming together cohesively, and a momentum is underway. 

 

Comments will be addressed by staff and a report is tentatively scheduled for late 2005.

 

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

 

 

That the deputations by Jim Kirk of Malone Given Parsons representing Mrs. Harmon, a property owner, Jim Robertson, Deryic Taylor, and Professor  Mike Kusner,  with concerns regarding the proposed Draft Plans of Subdivision and Zoning By-law amendments within the West Cathedral Community, be received;

 

And that the Development Services Commission preliminary report dated May 17, 2005, entitled “Preliminary Report – Applications for Draft Plan of Subdivision Approval and Rezoning by:

·     Barrowcrest Developments Inc., 2938 Major Mackenzie Drive East (file no. SU 02 118584; ZA 02 118517);

·     2014039 Ontario Limited c/o Roman Corporation, Cathedral Town South, Part Lot 22 Concession 3 (file no. SU 05011381; ZA 05 011385);

·     Cathedral Town Limited and 404 Developments Inc. and the Slovak Greek Catholic Church Foundation, Cathedral Town – Precinct, Part Lots 23, 24, and 25 Concession 3 (file no. SU 05 011998);

·     Romandale Farms Limited & 404 Developments Inc., Cathedral Town Phase II, 10350 Woodbine Ave. (file no. SU 05 009154; ZA 05 009155);

·     Tucciarone Family, 3901 Elgin Mills Rd. E. (file no. SU 01 110126; ZA 01 110135);

·     Monarch Corporation, Part Lots 26 and 27, Concession 3 (northwest quadrant of Elgin Mills Rd. E. and Woodbine Avenue), (file no. SU 05 010966; ZA 05 010968);

to permit residential and mixed commercial residential development in the West Cathedral Community” be received;

 

And that the Record of the Public Meeting held on June 7, 2005, with respect to the applications for Rezoning and Draft Plans of Subdivision Approval, be received;

 

And further that the applications be referred back to staff for reports evaluating the proposals.

 

CARRIED

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 9:45 p.m.

 

 

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