MINUTES
DEVELOPMENT SERVICES COMMITTEE
2004-04-20
Meeting No.8
PART A - 11:30 a.m. –
Canada Room
PART B - 1:00 p.m. -
Council Chamber
Attendance
|
Councillor
A. Chiu
|
J. Baird, Commissioner of
Development Services
A. Taylor, Commissioner of Corporate
Services
C. Conrad, Town Solicitor
V. Shuttleworth, Director of
Planning and Urban Design
D. Clark, Town Architect
R. Hutcheson, Manager of Heritage
R. Kendall, Senior Project Coordinator
M. Boyce, Senior Policy Coordinator
T. Williams, Committee of Adjustment
S.
Muradali, Committee of Adjustment
M.
Seaman, Senior Planner
G.
Duncan, Planner
K. Bavington, Committee Clerk
|
The Development Services Committee
convened at the hour of 11:40 a.m. in the Canada Room with Councillor G.
McKelvey in the Chair.
DISCLOSURE OF INTEREST
Councillor J. Virgilio disclosed an interest with respect to Item # 3,
the proposed development by Iole and Sandro Capogna for Part Lot 16, Concession
9, by nature of representing the owner of the property 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 Rose and Firkin establishment at 175 Main Street, Unionville, 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.
1. COMMENTS ON DRAFT REGIONAL OFFICIAL
PLAN AMENDMENT (ROPA) NO. 43 - CENTRES AND CORRIDORS (13.4.6, 10.3) Weblink
Moved by: Councillor K. Usman
Seconded by: Regional Councillor B. O'Donnell
That the staff report entitled
“Comments on Draft Regional Official Plan Amendment (ROPA) No. 43 – Centres and
Corridors”, dated April 20, 2004, be received.
And that Council endorse the general direction of Draft ROPA No. 43 –
Centres and Corridors to introduce new and refined Regional Official Plan
policies to provide, among other things:
·
an enhanced emphasis on the
Region’s desired urban structure;
·
increased clarity and direction
respecting Centres and Corridors including the provision that local
municipalities will determine Key Development Areas where infill and
intensification will occur over time; and
·
a long-term density target of 2.5
FSI (Floor Space Index) for Regional Centres and Regional Corridors over time.
And that Council request the Region of York
to incorporate further revisions to the scope of the Draft ROPA No. 43 –
Centres and Corridors to:
·
articulate and emphasize the
Region’s desired urban structure within the context of the Region’s approach to
Regional Structure and Growth Management;
·
clarify that the long-term density
target 2.5 FSI applies to Regional Centres and Key Development Areas in
Regional Corridors, as determined by the local municipality and identified in
local Official Plans, and to recognize that achievement of the target may occur
incrementally in phases over time, based on the life cycle of existing
development and improvements to transit and transportation capacity; and
·
concurrently address changes
required to Chapter 6 of the Regional Official Plan (Regional Infrastructure),
to ensure integration and consistency of
transit supportive land use and urban design policies with
infrastructure and transportation policies, in support of the Region’s desired
urban structure.
And further that Council endorse this Staff
report and submit it to the Region of York as the Town of Markham comments on
Draft ROPA No.43 – Centres and Corridors.
CARRIED
2. RENAMING OF ALBERT STREET IN
VICTORIA SQUARE
(10.14) Weblink
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That a by-law to rename Albert
Street in the Victoria Square Community to Royal Albert Street be considered by
Council at its meeting on May 11, 2004;
And That the Clerk be
authorized to provide notice in accordance with notice By-law 2002-275 and that
notice also be provided by one publication in the Markham Economist and Sun.
CARRIED
3. IOLE AND SANDRO CAPOGNA, PART OF LOT
16, CONC. 9
SOUTHEAST CORNER OF 9TH LINE AND MARKHAM BY-PASS
(FUTURE 16TH AVENUE), CORNELL COMMUNITY
REZONING AND SITE PLAN APPLICATIONS, PROPOSED
AUTOMOBILE SERVICE STATION (SU.03-109620, ZA.03-109616 SC.03119493)
(10.5, 10.6) Weblink
Councillor J. Virgilio disclosed an interest with respect to the
proposed development by Iole and Sandro Capogna for Part Lot 16, Concession 9,
by nature of representing the owner of the property and did not take part in
the consideration or discussion of or vote on the question of the approval of
such matter.
Committee discussed concerns regarding lighting
issues, and requested the applicant to provide the locations of similarly-lit
sites for viewing by Committee members.
Moved by: Councillor K. Usman
Seconded by: Regional Councillor J. Jones
That the record of the Public Meeting held on July 7, 2003 with respect
to the applications by Iole and Sandro Capogna for draft plan approval and implementing zoning
for a proposed plan of subdivision comprising 127 residential units and an
automobile service station south of 16th Avenue, east of 9th
Line, be received;
And that the
application to amend Zoning By-laws 304-87 and 177-96 for a first phase
comprising the automobile service station block and one residential block, be
approved, and the draft by-laws be enacted;
And that the Site Plan
application (SC.3.119493) submitted by Iole and Sandro Capogna/Petro Canada for the automobile
service station block be approved
subject to the following conditions:
1.
That the Owner enter into a site plan agreement with the Town;
2.
That prior to execution of the site plan agreement, the Owner
shall submit final drawings, and comply with all requirements of the Town and
authorized public agencies, to the satisfaction of the Commissioner of
Development Services;
3.
That the site plan agreement
include provisions for the payment by the Owner of all applicable fees,
recoveries, development charges, parkland dedications and financial obligations
related to applicable Developers Group Agreements.
4.
That the site plan agreement
include provisions to ensure that the recommendations of the approved noise
impact study are implemented, and to ensure
no lighting spill-over.
5.
* That the site plan agreement
include provision for the contribution by the Owner of $5,000 towards the
enhancement of landscaping in the west boulevard of 9th Line
opposite the proposed automobile service station.
6.
That site plan approval shall
lapse after a period of three years commencing April 20, 2004 in the event that
the Owner does not enter into a site plan agreement with the Town during that
period.
7. That the owner obtain approval from
the York Region Transportation and Works Department for access to 9th
Line and the Markham By-pass (future 16th Avenue) prior to
commencing any work on the site or road allowance.
CARRIED
----
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* Condition # 5 amended by Council at its meeting held
April 27, 2004, to read as follows:
"5. That the site plan agreement include provision
for the contribution by the Owner of $5,000 towards the enhancement of
landscaping on the west side of 9th Line opposite the
proposed automobile service station."
4. IBRANS INVESTMENTS LTD., PHASE 1
5443, 5521 & 5565 MAJOR MACKENZIE DRIVE EAST
WISMER COMMONS COMMUNITY
PROPOSED PLAN OF SUBDIVISION AND IMPLEMENTING ZONING
BY-LAW AMENDMENT (SU 02 116539 (19TM-02012), ZA 02 116538)
(10.5, 10.7) Weblink
Committee
directed staff to ensure the sidewalk on one side of Roy Rainey Avenue will be
constructed initially.
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That the Record of Public
Meeting held on December 3, 2002, regarding the proposed draft plan of
subdivision and zoning by-law amendment applications (SU 02 116539 & ZA 02
116538) submitted by Ibrans
Investments Ltd. be received;
And that the first phase (133 units) of draft plan of subdivision
19TM-02012 (SU 02 116539) located on the south side of Major Mackenzie Drive
East, east of McCowan Road, proposed by Ibrans Investments Ltd., be draft
approved, subject to the conditions outlined in Appendix ‘A’ attached to the
original Council minutes on file in the Office of the Clerk;
And that zoning by-law amendment
application (ZA 02 116538) to amend By-laws 304-87, as amended, and 177-96, as
amended, submitted by Ibrans Investments Ltd., for lands located
on the south side of Major Mackenzie Drive East, east of McCowan Road, be
approved as related to the Phase 1 lands and the implementing Zoning By-laws
attached as Appendix ‘B’, attached to the original Council minutes on file in
the Office of the Clerk, 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
133 units be granted to Ibrans Investments Ltd., 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 Ibrans Investments Ltd., 19TM-02012 Phase 1 in respect to interim
sanitary capacity, sewage allocation and water supply be subject to conditions
listed in this report;
And
that the Wismer Commons Development Phasing Plan be updated to reflect the
revision to the phasing of development as outlined in the staff report dated
April 20, 2004, and further;
And that the Region of York be advised
of the sewage and water supply allocation for this development.
CARRIED
5. CORNELL ROUGE
DEVELOPMENT CORPORATION/JENNORA LIMITED, CORNELL COMMUNITY, NORTH SIDE OF
HIGHWAY 407 WEST OF REESOR ROAD, CONVEYANCE OF STORMWATER MANAGEMENT BLOCK (SU
03109544) (10.7) Weblink
Committee discussed the location of
the storm water management pond, outside the urban boundary. Staff will provide
more information from the Engineering Department on this matter.
Moved by:
Councillor K. Usman
Seconded
by: Councillor A. Chiu
That the staff report dated
April 20, 2004 entitled “Cornell Rouge Development Corporation/Jennora Inc.,
Conveyance of Stormwater Management Block, North Side of Highway 407, West of
Reesor Road” be received;
And
that a by-law be enacted authorizing the Mayor and Clerk to execute a
development agreement in a form satisfactory to the Town Solicitor with Cornell Rouge Development
Corporation for the developer to construct stormwater management facilities on
the lands denoted on Figure 4 of the staff report;
And that, subject to
execution of the development agreement, a by-law be enacted authorizing the
Mayor and Clerk to execute a Transfer/Deed of Land, in a form satisfactory to
the Town Solicitor for the lands denoted on Figure 4 of the staff report, from
Jennora Inc. to the Town
of Markham for consideration of a nominal fee;
* And
further that the Owner of the lands adjoining the stormwater management
facility be permitted the right to construct a future road crossing over the
stormwater management parcel to be conveyed to the Town, subject to the
necessary design and environmental approvals by the Town and the TRCA.
CARRIED
----
-------------------------------------------------------------------------------------------------
* Amended
by Council at its meeting held April 27, 2004, to replace the last paragraph as
follows:
"And that the matter of the Owner of the lands adjoining
the stormwater management facility being permitted the right to construct a
future road crossing over the stormwater management parcel to be conveyed to
the Town, subject to the necessary design and environmental approvals by the
Town and the TRCA, be referred to the Development Services Committee;
And that the staff memorandum providing additional
information on the potential for storm water management ponds to be located
outside the urban boundaries be received."
Moved
by: Councillor E. Shapero
Seconded
by: Councillor J. Virgilio
That staff be directed to prepare
a report on the potential for storm water management ponds to be located
outside the urban boundaries. CARRIED
---------------------------------------------------------------------------------------------------------------
Other
matters considered by Development Services Committee on April 20, 2004:
6. COMMITTEE
OF ADJUSTMENT DECISION (A/35/03)
ROSE AND FIRKIN, UNIONVILLE
(10.12)
Councillor J. Virgilio disclosed an interest with respect to the Rose
and Firkin establishment at 175 Main Street, Unionville, 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.
At the Council meeting held April 13, 2004, staff was
directed to provide a report on the details of the minor variance recently
approved by the Committee of Adjustment for the Rose and Firkin, 175 Main
Street, Unionville (A/35/03), for a rooftop patio.
Committee received a staff
memo dated April 20, 2004, and two submissions from Richard Talbot, Unionville
Villagers Association, dated April 16, and April 20, 2004 with concerns
regarding Heritage Markham and the Decision of the Committee of Adjustment.
Staff explained that Council does not have
jurisdiction over Committee of Adjustment decisions, and that the only recourse
available is an appeal to the Ontario Municipal Board. The site plan is before
the Committee at this time, and any appropriate conditions attached may help to
alleviate the concerns of the residents. A meeting had been held with the
Mayor, some Councillors, staff, residents, and the applicants on April 19,
2004, resulting in several concessions by the owners and proposed conditions as
outlined in the staff memo. Some conditions can be enforced through the Liquor
License.
Staff advised the separate proposal for a front yard
patio is in compliance with zoning regulations and only requires a site plan
application. It will be presented to Committee at a future meeting. Both patio
applications comply with the 40% outdoor limit and will be subject to Building
Permit regulations.
The following members of the public spoke of their
concerns with the proposal:
- Greg McCormick, Unionville BIA
- Amar Bannerjee, resident of Victoria Avenue
- Karen Davies, Unionville BIA
- Richard Talbot, Unionville Villagers Association
Their concerns included the late-night noise, impact
on the traditional shopping experience, and the precedent for other rooftop
patios. The speakers indicated there was no concern with the proposed front
yard patio, however, it was suggested that the hours of operation for all
patios on the street be reviewed.
Committee discussed adjacent residential uses and
considered the distance of Victoria Avenue from the subject property, Regional
smoking regulations, decorative glass and shrubbery to buffer the sound, height
of railing, and changing the railing colour to a more neutral heritage colour.
Discussions also included staff's interpretation of the 2002 Unionville Land
Use and Parking Study.
Frank Mauro and other owners of 175 Main Street were
in attendance. They agreed to restrict the hours of operation for the patio to
10:30 p.m. Sunday to Thursday, and to 11:00 p.m. on Friday and Saturday. They
also agreed to consider proposed conditions regarding noise mitigation and
colour of the railing.
The residents in attendance concluded that a
compromise is not likely at this time, without guarantees that future similar
proposals will be denied. Committee was urged to implement appropriate
guidelines that would provide comfort to the residents and enable them to
withdraw the appeal they anticipate filing.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor K. Usman
That the staff memo dated April 20, 2004, and two
submissions from Richard Talbot, Unionville Villagers Association, dated April
16, 2004 and April 20, 2004, with respect to minor variance application A/35/03
for the Rose and Firkin, 175 Main Street, Unionville, be received;
And that the deputations by Greg McCormick, Unionville
BIA; Amar Bannerjee, resident of Victoria Avenue; Karen Davies, Unionville BIA;
Richard Talbot, Unionville Villagers Association; and Frank Mauro and other
owners, be received;
And that the Site Plan
application (SC 03 117540) submitted by Main Street Unionville Holdings Inc.,
owner of 175 Main Street Unionville, for a rear roof-top patio be approved, upon Minor Variance A/35/03 coming
into effect, subject to the following conditions:
That the applicant enter into an amendment
to the existing site plan agreement to address the necessary design changes to
the site plan and elevation drawings to the satisfaction of the Commissioner of
Development Services, and to incorporate the following requirements:
1. The
use of musical instrument or other mechanical or electrical music equipment or
speakers are prohibited on the rooftop patio.
2. The
rear rooftop patio will be closed at 10:30 pm
each night from Sunday to Thursday, and at 11:00 pm each Friday and Saturday
night, and this will be reflected in the site plan agreement and the
conditions for the Liquor License.
3. The
windows on the second floor are to be made inoperable so they cannot open, to
prevent noise transmission.
4. The
door leading from the rooftop patio to the interior restaurant is to e equipped
with a self-closing device to keep the door in the closed position.
5. Any
umbrellas to be used on the outdoor patio are to be plain in design without
advertising on them.
6. No
banners, flags, or forms of advertising of any kind are to be placed on the
outdoor patio, or on the guards and railings to the rear rooftop patio.
7. All
exterior lighting to conform with the Unionville Heritage Conservation District
Plan and red rope lighting to be removed.
8. Decorative glass be installed inside the
railing and shrubbery be placed within the patio, as determined appropriate by
staff for noise abatement purposes.
9. The colour of the patio railing be changed to
a more neutral heritage colour, as determined by staff;
*
And that the owner shall submit final drawings and
comply with all requirements of the Town and authorized public agencies to the
satisfaction of the Commissioner of Development Services;
And that the site plan approval shall lapse after a
period of three years commencing April 20, 2004 in the event that the Owner
does not enter into a site plan agreement with the Town during that period.
CARRIED
---- -------------------------------------------------------------------------------------------------
* Amended by Council at its meeting held
April 27, 2004, to add the following conditions:
"And that the following conditions from the Unionville
Villagers Association, as
amended, be approved and included, subject to the withdrawal of
objections:
10. All noise abatement installation to be
approved by qualified Sound Engineer.
11. All exterior design features to be reviewed
with The Architectural Sub-Committee of Heritage Markham (with BIA, UVA and the
residents being invited to attend).
12. No further expansions of either the pub or
the patios are to be permitted as per the existing By-law on extensions,
excluding the current site plan applications.
13. These conditions are to apply to all future
owners and tenants.
14. All the above items to be reflected in the
site plan agreement and in the conditions for the Liquor License."
Moved by: Councillor E. Shapero
Seconded by: Councillor K. Usman
That staff be directed to review and
report back on rooftop patios, and propose new guidelines within the Unionville
Heritage District.
CARRIED
7. MARKHAM CENTRE
STEERING COMMITTEE UPDATE - COMMUNICATIONS (10.8)
The Committee had before it, Minutes of the Markham
Centre Steering Committee meeting, held April 14, 2004.
Staff provided an update on Markham Centre issues,
advising a report on the Parking Strategy will be forthcoming, and reviewing
the Steering Committee's resolution regarding the communications RFP. Staff was
directed to arrange for the Parking Authority presentation to be given to
Development Services Committee.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Regional Councillor J. Heath
That the Markham Centre update be received;
And that the Minutes of the Markham Centre Steering
Committee meeting held April 14, 2004, be received for information;
And that staff arrange for the
Parking Authority presentation to be given to Development Services Committee.
CARRIED
8. PRESENTATION OF SERVICE AWARDS (12.2.6)
The following employees were
presented with service awards:
Joy
Cinq-Mars, Supervisor, Administration, Fire & Emergency Services - 25 years
Rick
Dominico, Manager, Corporate Strategy & Quality, Commissioner's Office - 25
years
Elizabeth
Wimmer, Senior Planner - Urban Design, Planning Department - 10 years
Stan Lau,
Senior Manager, Projects, Operations and Asset Management - 5 years
Tina
Murphy, Special Events Coordinator, Strategic Services - 5 years
Krishna
Sookrit, Specialist Telecommunications, ITS - 5 years
Emma
Uffren, Publications Coordinator, Strategic Services - 5 years
Robert West, Fire Prevention Officer, Fire &
Emergency Services - 3 years
9. 2003
HERITAGE COMMUNITY RECOGNITION PROGRAM
SUSAN CASELLA AND GEORGE
DUNCAN (12.2.6)
Susan Casella and George Duncan were recognized for
their significant contribution to built, cultural, natural and heritage garden
preservation.
10. REPORT ON
INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF MARCH 11, 2004 TO MARCH 23, 2004 (10.0) Weblink
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That
Committee receive the report entitled “Report on Incoming Planning Applications
for the period of March 11, 2004 to March 23, 2004” and direct staff to process
the applications in accordance with the route outlined in the report.
CARRIED
11. DELEGATED APPROVALS UNDER BY-LAW
2002-202
(DM 2001-03) (10.6) Weblink
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
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, April 20, 2004.
CARRIED
12. EASTERN CREATIVE GROUP LTD, 83 OLD
KENNEDY ROAD
PLAN OF SUBDIVISION APPLICATION TO PERMIT A TOWNHOUSE DEVELOPMENT WITHIN THE
MILLIKEN MAIN STREET STUDY
AREA (SU 04-011021) (19TM-04003)(10.7) Weblink
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That a Public Meeting be held to consider the plan of subdivision
application submitted by Eastern Creative Group Ltd, to permit 21 townhouse
units and a future semi-detached dwelling on a new public road, and four
mixed-use units at 83 Old Kennedy Road.
CARRIED
13. DESIGNATION
UNDER PART IV OF THE ONTARIO
HERITAGE ACT, JAMES BRANDER HOUSE, 31 HELEN AVENUE
OWNER: GREENBELT VOLKSWAGEN (16.11.3) Weblink
This application was deferred on February 17, 2004, and again on March 23,
2004, at the owner's request.
William Gerrard of WGC Services, representing the owner, Greenbelt
Volkswagon, requested a further deferral to allow for engineering and
structural analysis. Mr. Gerrard and the owner, Gerd Reisenecker, who was also
in attendance, provided assurances that no demolition, removal or work would be
done to the building during the deferral. Committee requested the guarantee be
submitted in writing, and advised that further deferrals may not be considered.
Moved by: Councillor J. Virgilio
Seconded by: Councillor K. Usman
That the deputations
by William Gerrard of WGC Services, and Gerd Reisenecker, owner of Greenbelt
Volkswagen, requesting a further deferral of consideration of the designation
of the James Brander House at 31 Helen Avenue, be received;
And that
consideration of the designation of the James Brander House at 31 Helen Avenue
be deferred to the Development Services Committee meeting scheduled for June
15, 2004 (8 weeks), at the applicant's request;
And that the
owner of Greenbelt Volkswagen provide a written confirmation to the Town that
no demolition,
removal or work would be done to the building during the deferral of this
matter.
CARRIED
COMMUNICATIONS
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That Development Services Committee receive and
consents to the disposition of Item Nos. 14 to 15 in the following manner:
14. JOHN
O'GORMAN - MARCH 31, 2004 (10.6)
Correspondence identifying concerns regarding the less
than 10 metre setback from the Little Don River for site plan application at 55
Elgin Avenue, and asking that it be adhered to in the future.
RECEIVE, AND STAFF
TO RESPOND
15. RON
CHRISTIE, ROUGE PARK ALLIANCE - APRIL 5, 2004 (10.8)
Correspondence commending Markham Council and staff on
the Eastern Markham Strategic Review Final Report.
RECEIVE
ADJOURNMENT
The Development Services Committee meeting adjourned at the hour of
3:15 p.m.