MINUTES
DEVELOPMENT SERVICES COMMITTEE
2006-10-17
Meeting No. 17
All
Members of Council
Development
Services Economic
Development
Chair: Councillor G. McKelvey Chair: Councillor J. Virgilio
Vice-Chair: Councillor D. Horchik
PART A - 9:00 a.m. - Canada Room
PART B - 11:00
a.m. - Council Chamber
Attendance
|
Councillor A. Chiu
|
J. Livey, Chief Administrative
Officer
J. Baird, Commissioner of
Development Services
A. Taylor, Commissioner of Corporate
Services
R. Blake, Manager, West District
A. Brown, Director of Engineering
C. Conrad, Town Solicitor
S. Chait, Director, Economic
Development
D. Clark, Town Architect
B. Cribbett, Treasurer
J. Ferrara, Park Development
Coordinator
L. Irvine, Manager, Parks and Open
Space Planning
B. Karumanchery, Manager, East
District
R. Kendall,
Manager, Central District
J. Nelson, Manager, Accounting &
Expenditure Control
A. Pozywiak, Director, Strategic
Initiatives
V. Shuttleworth, Director of
Planning and Urban Design
N. Surti, Planner
N. Unsworth, Park Development
Coordinator
M. Visser, Manager of Strategy,
Innovation and Investments
M. West, Manager, Strategic
Initiatives
D. Taylor, Manager, Executive
Operations
K. Bavington, Committee Clerk
|
The Development Services
Committee convened at the hour of 9:30 a.m. in the Canada Room without
quorum with Councillor G. McKelvey in the Chair. A quorum was reached at 11:38 a.m.
DISCLOSURE OF INTEREST
Councillor J. Virgilio disclosed an interest with respect to Item # 8,
the proposed development by Macwood/Springhill Homes Inc., 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. PARKING STRATEGY UPDATE (2.17)
Staff
gave a presentation and update on the Parking Strategy, outlining the status
and next steps for the implementation initiatives: on-street permit parking;
private property paid parking; Town owned and town leased parking lots;
on-street paid parking; Markham parking governance model; payment-in-lieu of
parking; and Tax Increment Financing (TIFs).
Committee
made suggestions with respect to using credit cards at pay-and-display
machines; incentives for scooter parking; ensuring fees and cash-in-lieu
payments are adequate to cover costs; leasing
and control of parking lots and provision of snow-plowing services; and issues
relating specifically to Main Street Unionville. Staff was requested to
initiate paid parking on McDowell Gate in the near future.
2. PARKS CONSTRUCTION UPDATE (6.3)
Staff
gave a presentation on the status of recently completed, current, and upcoming
park construction projects. A detailed presentation regarding Markham Centre
parks will be provided in the New Year.
3. BOX GROVE, 9TH LINE RE-ALIGNMENT
(5.10)
This item
was cancelled, as a presentation had been made at General Committee on October 16, 2006.
4. DEVELOPMENT
SERVICES COMMITTEE MINUTES
- October 3, 2006 (10.0)
Minutes
Moved by:
Councillor A. Chiu
Seconded
by: Councillor J. Virgilio
That the
minutes of the Development Services Committee meeting held October 3, 2006, be confirmed.
CARRIED
5. MAIN STREET MARKHAM COMMITTEE MINUTES
- September 20, 2006 (16.39)
Minutes
Moved by:
Councillor A. Chiu
Seconded
by: Councillor J. Virgilio
That the
minutes of the Main Street Markham Committee meeting held September 20, 2006, be received for
information.
CARRIED
6. MARKHAM PUBLIC ART ADVISORY COMMITTEE
MINUTES
- September 13, 2006 (16.34)
Minutes
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That the
minutes of the Markham Public Art Advisory Committee meeting held September 13, 2006, be received for
information.
CARRIED
7. REPORT
ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF SEPTEMBER 9
TO SEMPTEMBER 22, 2006 (10.0)
Report
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 September
9, 2006 to September 22,
2006” and direct staff to process the applications in accordance
with the route outlined in the report.
CARRIED
8. MACWOOD/SPRINGHILL
HOMES INC.
NORTH OF HIGHWAY 7, WEST OF
MARKHAM BY-PASS IN
THE CORNELL COMMUNITY, PLAN OF
SUBDIVISION AND ZONING
APPLICATIONS (SU 04 028274
(19TM-040016) ZA 04 028028) (10.5, 10.7)
Report Attach
Councillor J. Virgilio disclosed an interest with respect to the
proposed development by Macwood/Springhill Homes Inc., by nature of
representing the owner, and did not take part in the consideration or
discussion of or vote on the question of the approval of such matter.
Moved by: Councillor J. Webster
Seconded by: Councillor A. Chiu
That the report dated October
17, 2006
entitled “Preliminary Report. Plan
of subdivision and zoning amendment applications by Macwood/Springhill
Homes Inc to permit residential and mixed-use development north of Highway 7, west
of Markham By-Pass in the Cornell Community,” be received;
And that staff be authorized
to schedule a Public Meeting to consider the plan of subdivision and zoning
amendment applications.
CARRIED
9. TORONTO UNITED CHURCH COUNCIL
6910 AND 6950 HIGHWAY 7 IN THE
CORNELL COMMUNITY
TEMPORARY USE BY-LAW TO PERMIT
A PLACE OF
WORSHIP (ZA 06 125037) (10.5)
Report Attach
Moved by: Councillor J. Webster
Seconded by: Councillor A. Chiu
That the report dated October
17, 2006
entitled “Preliminary Report. Application for temporary use by-law by the
Toronto United Church Council to
permit a place of worship at 6910 and 6950 Highway 7 in the Cornell Community”
be received;
And that staff be authorized
to schedule a Public Meeting to consider the zoning amendment application.
CARRIED
10. ROYAL DAVID REALTY INC., 2300 JOHN STREET
NORTHEAST CORNER OF LESLIE AND
JOHN STREETS
WITHIN THE THORNHILL SECONDARY
PLAN AREA
ZONING BY-LAW AMENDMENT TO
AMEND THE LIST OF
PERMITTED USES (ZA 06 121015) (10.5)
Report Attach
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That a Public Meeting be held to consider the Zoning
Amendment application (ZA 06 121015) submitted by Royal David Realty Inc. to
amend the list of permitted uses at 2300 John St., located on the northeast
corner of Leslie and John Streets, within the Thornhill Secondary Plan
Area.
CARRIED
11. EMK
CONSTRUCTION LTD. AND
TREELAWN CONSTRUCTION LTD.
10519 AND 10521 WOODBINE AVE.,
CATHEDRAL COMMUNITY
ZONING BY-LAW AMENDMENT AND DRAFT
PLAN OF
SUBDIVISION FOR 157 SINGLE
DETACHED LOTS AND
88 STREET TOWNHOUSES (SU 06 108473,
ZA 06 108487) (10.5, 10.7)
Report Attach
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That a Public Meeting be held to consider the applications submitted by
EMK Construction Ltd. and Treelawn Construction Ltd. for zoning by-law
amendment and draft plan of subdivision approval to permit 157 single detached
lots and 88 street townhouses at 10519 and 10521 Woodbine Avenue, located east
of Woodbine Avenue, south of Elgin
Mills Road.
CARRIED
12. WISMER
MARKHAM DEVELOPMENT INC.
NORTHWEST OF CASTLEMORE AVENUE
AND
KINDY STREET AND SOUTHWEST OF
CASTLEMORE AVENUE
AND HAMMERSLY BOULEVARD, WIMER
COMMONS COMMUNITY
IMPLEMENTING ZONING BY-LAW
AMENDMENTS
ZA 02 113879, SU 02 113757
(19TM-02008) (10.5)
Memo By-laws
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That the memorandum dated October 17, 2006 from the Commissioner of
Development Services providing an update regarding the proposed zoning by-law
amendment and plan of subdivision submitted by Wismer Markham Developments Inc.
for properties located at the northwest corner of Castlemore Avenue and Kindy
Street and southwest corner of Castlemore Avenue and Hammersly
Boulevard, be received;
And that the proposed amendment to Zoning By-laws 304-87, as amended,
and 177-96, as amended, be enacted without further notice.
CARRIED
13. HERITAGE
EASEMENT AGREEMENTS FOR
TAX REDUCTION PROGRAM FOR
HERITAGE PROPERTIES (16.11)
Report Attach
Committee requested staff circulate
information to the members regarding the number of agreements.
Moved by: Regional Councillor J. Heath
Seconded by: Regional Councillor J. Jones
That the Mayor and Clerk be authorized to
execute Heritage Easement Agreements with the property owners identified on
Schedule “A” attached to the report
dated October 17th, 2006, and any
other documents required to give effect thereto, in a form satisfactory to the
Town Solicitor.
CARRIED
14. THORNHILL VILLAGE HERITAGE CONSERVATION
DISTRICT PLAN 2006, PROJECT
STATUS (10.8)
Report
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That the report entitled “Thornhill Village Heritage
Conservation District Plan 2006, Project Status”, dated October 17, 2006, be
received as information;
And that a notice be sent to property owners in the
District advising of the extended public consultation period.
CARRIED
15. RODICK ROAD SPEED LIMIT REDUCTION (10.0)
Report Attach
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That the report entitled “Rodick Road Speed Limit
Reduction” dated October
16, 2006, be received;
And that Schedule C (60 km/h) of Speed Limit By-Law
105-71 be amended to delete Rodick Road
between Highway 7 and 16th Avenue;
And that Schedule F (50 km/h) of Speed Limit By-law
105-71 be amended to include Rodick Road
between Highway 7 and Woodbine Avenue
and that the attached By-law be approved;
And that a 30 km/h warning sign be installed before
the start of the curve just south of Whitehall
Drive as per the attached signage plan;
And that the Operations and Asset Management
Department be directed to install the appropriate signs upon approval of the
attached by-law;
And that the York
Regional Police Department be requested to enforce the reduced speed limit upon
installation of the signs.
CARRIED
16. ACCEPTANCE
FOR MAINTENANCE OF RESIDENTIAL
SUBDIVISIONS, REGISTERED PLAN
#’S 65M-3649, 65M-3054,
65M-3418, 65M-3504, 65M-3632,
65M-3430, 65M-3509 AND 65M-3670 (10.7)
Report
Committee requested key maps showing the property
context be included in future reports.
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That the report entitled “Acceptance for Maintenance
of Residential Subdivisions Registered Plan #’s 65M-3649, 65M-3054, 65M-3418,
65M-3504, 65M-3632, 65M-3430, 65M-3509 and 65M-3670”, be received;
And that the services in Subdivision, registered Plan
Number 65M-3649, 65M-3054, 65M-3418, 65M-3504, 65M-3632, 65M-3430, 65M-3509 and
65M-3670 be accepted for maintenance;
And that by-laws be enacted by Council to accept
these subdivisions and to establish each of the roads within the residential
subdivisions as a public highway of the Town of Markham;
And that the
Community Services Commission accept the responsibility for operating and
maintaining the infrastructure within the Subdivisions as part of the Town’s
system;
And that
acceptance of the Subdivisions be taken into consideration in future operating
budgets;
And that the by-law to amend Schedule ‘12’ of
Traffic By-law # 106-71, by including compulsory stop to the indicated streets,
be approved;
And that the
by-law to amend Schedule ‘A’ of the Speed By-law # 105-71, by including a
maximum speed of 40 kilometers per hour for the streets indicated, be approved;
And that the
by-law to amend Schedule ‘C’ of the Parking By-law 2005-188, by including no
parking on the streets indicated, be approved;
And that the
by-law to amend Schedule ‘F’ of the Speed By-law #105-71, by including a
maximum speed of 50 kilometers per hour for the streets indicated, be approved;
And that the
Mayor and Clerk be authorized to execute the necessary releases from the terms
of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee
periods have been completed.
CARRIED
17. ASSUMPTION
OF PLANS OF SUBDIVISION (10.7)
Attach
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
Whereas by Memorandum dated September 27, 2006, the
Director of Engineering advised that the guarantee period for Registered Plans
65M-3487, 65M-3515, 65M-2911, 65M-3390, 65R-21791, Parts 1 and 2, 65R-23109,
Part 12, 65M-3216, 65R-19927, Part 1, 65M-3251 and 65R-20376, Part 16 have
expired and all conditions of their respective subdivision agreements have been
complied with;
Now therefore be it resolved that the services in the
following subdivisions be assumed:
- Amber Plain Investment Ltd. (Phase 1) 65M-3487
- Amber Plain Investment Ltd. (Phase 2A) 65M-3515
- Cedarland Properties Limited (Armadale East 2) 65M-2911
- Everyvale Holdings Inc. 65M-3390 and 65R-21791,
Parts 1 and 2
- Everyvale Holdings Inc. 65R-23109, Part 12
- Mattamy (Unionville) Inc. (Phase 1) 65M-3216 and 65R-19927, Part 1
- Mattamy (Unionville) Inc. (Phase 2) 65M-3251
- 1264463 Ontario Limited (Russell
Stover Court) 65R-20376,
Part 16
And that the Mayor and Clerk be authorized to execute
the necessary releases from the terms of the subdivision agreements.
CARRIED
18. 2006
THIRD QUARTER UPDATE OF THE STREET NAME
RESERVE LIST (10.14)
Report Attach
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Virgilio
That Development
Services Committee receive the updated street name reserve list for the third
quarter of 2006, attached as Appendix ‘A’ to the October
17th, 2006 staff report.
CARRIED
19. TOWN
INITIATED OFFICIAL PLAN, SECONDARY PLAN
AND ZONING BY-LAW AMENDMENTS
TO IMPLEMENT
THE APPROVED LAND USE AND
URBAN DESIGN VISION
FOR THE HIGHWAY 48 CORRIDOR
BETWEEN 16TH AVENUE AND
MAJOR MACKENZIE DRIVE (OP 06
129338, ZA 06 129342) (10.3, 10.5)
Report Attach
Committee
directed staff to give a presentation to the Main Street Markham Committee.
Moved by: Regional Councillor J. Heath
Seconded by: Regional Councillor B. O'Donnell
That
staff be directed to prepare Official Plan, Secondary Plan and Zoning By-law
amendments (OP 06 129338 and ZA 06 129342) to implement the approved land use
and urban design vision for the Highway 48 corridor between 16th
Avenue and Major Mackenzie Drive;
And that
the draft documents be circulated to all landowners in the area, for review and
comments;
And that
a Public Meeting be held to consider these draft amendments;
And that staff provide a presentation to the Main Street Markham Committee.
CARRIED
20. MARKVILLE CHEVROLET CADILLAC, 5336
HIGHWAY NO. 7
SITE PLAN APPROVAL TO PERMIT
AN EXPANSION TO THE
EXISTING AUTOMOBILE DEALERSHIP
(SC 06 110407) (10.6)
Report Attach
Tarvo Eistrat
of R.H. Carter Architects Inc., representing the applicant, Markville Chevrolet
Cadillac, displayed site plans and elevations. In response to questions, Mr.
Eistrat confirmed that a delivery location is provided at the rear of the
building to avoid delivery parking on Highway 7. Display parking will be
limited to three specific pads at the front.
Committee
directed that the conditions include provisions for the following:
a) Display vehicles that are improperly
parked will be towed at the owner’s expense;
b) The site plan to be subject to review
of the template for truck turning radii;
c) Illuminated signs facing south on the
building tower are prohibited;
d) All lights are to be shielded to
restrict illumination beyond the front property boundary.
Mr.
Eistrat indicated the applicant would be agreeable to the additional
conditions.
Moved by:
Regional Councillor J. Heath
Seconded
by: Regional Councillor J. Jones
That the
site plan application by Markville Chevrolet Cadillac to permit an expansion to
the existing automobile dealership at 5336 Highway No. 7 (North side of Highway
No. 7, east of McCowan Road), be endorsed in principle, subject to the
conditions attached as Appendix “A”, as amended with respect to
display vehicles, truck turning radii, illuminated signs, and light shielding.
CARRIED
21. HOME DEPOT HOLDING INC., SOUTHWEST CORNER
OF HIGHWAY NO. 48 AND CASTLEMORE
AVENUE
SITE PLAN APPROVAL TO PERMIT A
LARGE FORMAT
RETAIL STORE (SC 06 127597) (10.6)
Report Attach
Committee
noted design concerns, including the placement of the loading dock adjacent to
a major residential road.
Moved
by: Councillor J. Webster
Seconded
by: Councillor A. Chiu
That the
Development Services Commission Report “Home Depot Holdings Inc., Application
for Site Plan Approval (SC 06 127597) to permit a large format retail store at
the southwest corner of Highway No. 48 and Castlemore
Avenue,” be received;
And that
staff continue to work with the applicant and the property owner to ensure
conformity of the proposal with the Highway 48 Urban Design guidelines.
CARRIED
22. PROCTOR
INVESTMENTS LIMITED, 34 PROCTOR AVENUE
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT TO
PERMIT NINE (9) TOWNHOUSE
UNITS (OP 04 011140, ZA 04 011135)
(10.3, 10.5)
Report Attach
Staff gave a brief review of the background for this
proposal, concerns identified at the Public Meeting, and revisions to the
application.
Tom Butkovic, 49
Proctor Avenue, stated his concerns for the 2
metre setback on some of the units, the increased height and building envelope,
site servicing for other properties, compatibility
with surrounding zoning and uses, parking, and access with respect to
cross-traffic patterns. Mr. Butkovic discussed CN’s requirements for the
property barrier and provided a document with estimated costs in this regard. Mr.
Butkovic considered the public consultation on this matter to be insufficient,
and that the concerns of community have not been addressed.
S. Lou Butkovic, 49
Proctor Avenue, representing members of the community,
suggested consideration be given to development of the property within the
limits of present zoning for single dwelling units, and presented a draft plan
for four single dwellings within the approximate footprint of proposed
townhouses. Mr. Butkovic discussed aspects of the staff report relating to
financial issues and pedestrian-friendly development. Mr. Butkovic requested
deferral of this matter for further consideration of single family development.
Margaret Butkovic, representing area residents,
expressed concerns regarding parking, traffic congestion, and compatibility
with the existing neighbourhood.
Vincenza Principato represented her parents, owners of
36 Proctor Avenue,
immediately east of subject site. Ms. Principato had concerns regarding the front
yard setback, the building height, and compatibility with the neighbourhood. Ms.
Principato noted the impacts on property values and emotional values, and the precedent
that may be set for development of other vacant properties nearby.
Murray Evans of Evans Planning, representing the
applicant, Proctor Investments Limited, provided a package of site plans and
elevations. Mr. Evans agreed with comments that financial considerations are a
factor of development. He reviewed the area context and identified the
surrounding townhouse project, rail land, and park. Mr. Evans also reviewed
zoning provisions and design details, and advised that in an effort to minimize
the impacts on the adjacent dwelling and to mitigate the concerns of the
residents, the number of units have been reduced from 10 to 9, the front and
side yard setbacks exceed the permitted minimums, the height has been reduced, and
the safety wall has been reviewed.
Committee discussed the constraints to the subject
site, the grade separation for the railway tracks, property values, precedent,
and considered a Manor Home approach whereby the townhouses are split into two
separate structures. Committee also discussed the time frame and effort that had been taken with public
consultation.
Staff consider the proposal will fit into area context
as a transition development. In response to comments regarding massing, staff
confirmed the width of the proposed structure is 200 feet.
Moved by: Councillor S. Daurio
Seconded by: Councillor J. Webster
That the deputations and documents from Tom Butkovic,
S. Lou Butkovic, and Margaret Butkovic, 49 Proctor Avenue, and Vincenza
Principato, 36 Proctor Avenue, in opposition to the proposal for Proctor
Developments Limited, be received;
And that the deputation and documents from Murray
Evans of Evans Planning, representing the applicant, Proctor Investments
Limited, be received;
And that the staff report dated October 17, 2006 entitled
“RECOMMENDATION REPORT – Application for Official Plan and Zoning By-law Amendment
to permit nine (9) townhouse units, Proctor Investments Limited, 34 Proctor
Avenue, File Number OPA 04-011140 and ZA 04-011135”, be received;
And that the record of the public meeting held on
November 23, 2004, relating to the applications by Proctor Investments Limited
for 34 Proctor Avenue (Registered
Plan Number 2368, Part of Lots 28, 29 and 30, Concession 1), be
received;
And that the Official Plan application (OP
04-011140) submitted by Proctor
Investments Limited to permit the
development of nine (9) townhouse units with underground parking be approved;
And that the draft Official
Plan Amendment attached as Appendix ‘A’ to the staff report dated October 17, 2006, be
finalized and adopted;
And
that the application submitted by Proctor Investments Limited to amend Zoning
By-law 2237, as amended (ZA 04-011135), be approved and the draft by-law
(including Hold provisions) attached as Appendix ‘B’ to the staff report dated
October 17, 2006, be enacted;
And
that Proctor Investments Limited be granted a servicing allocation for a
projected population of 25.4 people (9 townhouse units). Such allocation to be from the Town Reserve,
in accordance with the June 20,
2006 report on servicing allocation;
And that the Town reserves the right to revoke or
reallocate the servicing allocation for this development should it not proceed
in a timely manner;
And
that the Region of York be advised of the servicing allocation for this
development.
CARRIED
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IN CAMERA
23. PROPERTY
AND DEVELOPMENT CHARGE MATTERS (10.0, 7.11)
Moved
by: Councillor S. Daurio
Seconded
by: Councillor J. Webster
That the Development Services Committee recess
in-camera at 1:10 p.m. to discuss property and Development Charge matters.
CARRIED
Moved by:
Councillor A. Chiu
Seconded
by: Councillor S. Daurio
That the
Committee rise from in-camera at 2:30 p.m.
CARRIED
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24. RULAND PROPERTIES INC. (THE REMINGTON
GROUP)
PHASE 1 APARTMENT BUILDINGS (C
AND D)
MARKHAM CENTRE, SITE PLAN
CONTROL APPROVAL
(SC 06 107107 001) (10.7)
Report Attach
Moved by: Councillor D. Horchik
Seconded by: Regional Councillor B. O'Donnell
That the report dated October
17, 2006,
entitled “Application
for Site Plan Control Approval - Ruland Properties Inc.
(The Remington Group), Phase I Apartment Buildings (C and D) Markham
Centre” be received;
And that the application
for site plan control approval by Ruland Properties for two 7-storey apartment
buildings containing 244 units and linked by a common lobby be endorsed in principle, subject to
the conditions attached as Appendix A;
And that site plan approval be
delegated to the Director of Planning and
Urban Design or her designate, to be issued following execution of a Site Plan
Agreement. Site Plan approval is issued
only when the Director has signed the site plan;
And that the Owner shall submit a certificate from the Trustee for the
Markham Centre Landowners Group indicating that satisfactory arrangements have
been made to satisfy any obligations related to this site plan, financial or
otherwise, as set out in the Markham Centre Landowners Group Agreement;
And that the Owner execute a Subdivision
Agreement prior to final site plan approval, to the satisfaction of the Town
Solicitor and Commissioner of Development Services;
And that the Owner revise the building elevations and site plan to
address any concerns raised by Town staff, external Departments/Agencies and
the Markham Centre Advisory Committee, to the satisfaction of the Commissioner
of Development Services;
And that the Owner complete any necessary studies/reports required by
Town staff and external Departments/Agencies, to the satisfaction of the Commissioner
of Development Services;
And that
prior to final site plan approval, the Owner shall enter into an agreement with
the Town which shall be registered on title, committing not to enter into any
agreements of purchase and sale with anyone, including individuals, other
developers or builders, for any units within the plan area unless servicing allocation
has been assigned by the Town in consultation with the
Markham Centre Landowners Group.
The Owner further agrees to save harmless the Town and Region from any
claim or action as a result of servicing capacity not being available when
anticipated;
And that Ruland Properties Inc. (The Remington Group) be granted a
servicing allocation for a projected population of 553.9 people (244
residential condominium units) from the assignment allocated to Markham Centre,
in accordance with the June
20, 2006 report on servicing allocation;
And that the Region of York be advised of the servicing allocation for
this development;
And that the Town reserves the right to revoke or reallocate sewage
allocation and water supply should the development not proceed in a timely
manner.
CARRIED
25. ENCROACHMENTS ONTO MUNICIPAL ROAD
ALLOWANCE
1107656 ONTARIO INC. (GALLERIA
MARKHAM)
REGISTERED PLAN 65M-3226 (8.9)
Report
Staff advised that inspection processes are being improved and
penalties could be imposed, to prevent similar incidents from occurring.
Moved by: Regional Councillor B. O'Donnell
Seconded by: Councillor J. Virgilio
That the report entitled “Encroachments into Municipal
Road Allowance, 1107656 Ontario Inc. (Galleria Markham)” dated October 17, 2006 be received;
And that the 100 mm strata interest in the public
highways listed in Schedule “A” annexed hereto, be declared surplus pursuant to
Town of Markham By-law No. 178-96;
And that notice of the proposed disposition of the 100
mm strata interest in the public highways listed in Schedule “A:” annexed
hereto, be placed on the agenda for the Council meeting on October 17, 2006, as
required by By-law 178-96;
And that a by-law be enacted to close the 100 mm
strata interest in those parts of the public highways listed in Schedule “A”
annexed hereto;
And that the Town Solicitor be authorized to approve
and execute the necessary Transfers for the conveyance of the 100 mm strata
interest of the public highways within Plan 65M-3226, shown as parts 1 to 41,
inclusive on Plan 65 R-28466;
And that 1107656 Ontario Inc. satisfy the Town
Solicitor that it has obtained the necessary consents and agreements from the
affected property owners with respect to the transfers;
And that 1107656 Ontario Inc. satisfy the Town
Solicitor that it will be responsible for the preparation of all necessary
transfers, legal plans, fees, environmental clearances and all other documents
and for all costs incurred by the Town as related to the encroachments into the
municipal road allowance and associated conveyances;
And that 1107656 Ontario Inc. deposit on title Parts 1
to 41 inclusive on Plan 65R-28466;
And that 1107656 Ontario Inc. pay compensation to the
Town for the lands to be transferred from the Town in the amount of
$161.43/square meter ($161,430/hectare) for a total of $2,055.00;
And that 1107656 Ontario Inc. pay the legal and
engineering fees associated with these transactions in the upset amount of
$20,000;
And that plan of subdivision 65M-3226 not be assumed
by the Town until all encroachments within the municipal road allowance, being
the lands listed in Schedule “A” annexed hereto, have been conveyed to the
adjacent property owner or the encroachment removed;
And that staff be authorized and directed to do all
things necessary to give effect hereto.
CARRIED
26. HIGHWAY 404 RAMP EXTENSION AT MAJOR
MACKENZIE DRIVE, WEST
CATHEDRAL COMMUNITY (10.0)
Report Attach
Moved by:
Councillor J. Webster
Seconded
by: Councillor D. Horchik
That the staff report entitled “West
Cathedral Community, Highway 404 Ramp Extension at Major Mackenzie Drive”, dated October 17, 2006, be
received;
And that Nichols
Boulevard extension north of Major
Mackenzie Drive to Street B not be protected
through the Fieldgate Developments plan as a municipal road;
And that the Highway 404 ramp extension north of Major Mackenzie
Drive be protected through the Loblaws Properties site plan and Majorwood
Developments plan of subdivision to be confirmed through the Class EA process;
And that the cost of the Highway 404 northbound ramp extension at Major Mackenzie Drive be included in the Development Charges
update;
And that the Ontario Ministry of Transportation be requested to
support the Class Environmental Assessment for the extension of the Highway 404
ramp at Major Mackenzie Drive;
And that staff report back with the Class Environmental Assessment
for Council’s approval to file such study with the Ministry of Environment;
And that B. McCuaig, Assistant Deputy Minister for the Ontario
Ministry of Transportation and Bruce McGregor, Commissioner, Transportation and
Works for the Regional Municipality of York, be advised accordingly.
CARRIED
27. TIMES INVESTMENTS LIMITED
(FORMERLY STRINGBRIDGE
INVESTMENTS LIMITED)
NORTHWEST CORNER OF SOUTH TOWN
CENTRE BOULEVARD
AND CLEGG ROAD, MARKHAM CENTRE
SITE PLAN APPROVAL FOR A 12 STOREY APT. BUILDING
(SC 04 011279) (10.6)
Report Attach
Moved by:
Regional Councillor J. Jones
Seconded
by: Councillor A. Chiu
That the
report dated October 17, 2006, entitled “Times Investments Limited. (formerly
Stringbridge Investments Limited) - Application for Site Plan Approval for a 10 and 12 storey,
400 unit apartment building - Northwest corner of South Town Centre Boulevard
and Clegg Road - Markham Centre - File No. SC 04
011279,” be received;
And that
the application for site plan approval be endorsed, in principle,
subject to the conditions attached as Appendix “A” and the following:
- Times Investments Limited has
entered into the Markham Centre Landowners Cost Sharing Agreement.
- The Trustee for the Cost Sharing
Agreement has advised the Town in writing that Times Investments Inc. is
in good standing with the Landowners Cost Sharing Group and that the Group
supports the assignment of 400 units of servicing allocation to Times
Investments Limited.
- Times Investments Limited has
entered into an agreement with the Town committing not to pre-sell any
units beyond 400 until any required approvals are in place and servicing
allocation is received from the Town and the Markham Centre Landowners
Cost Sharing Group.
- The terms of settlement for the
withdrawal of the appeals to the Remington Group draft plan of subdivision
accepted by Markham Council, and the appeals withdrawn, to the
satisfaction of the Town;
And that
400 units of servicing allocation to Times Investments Limited be confirmed by
Council, subject to the conditions outlined above;
And
that site plan approval be delegated to the Director of Planning and Urban
Design or her designate, to be issued once the conditions outlined above have
been satisfied. Site Plan approval is
issued only when the Director has signed the site plan;
And that Council authorize the
enactment of a by-law to remove the Hold (H) provisions on the subject lands,
upon application by the Owner, once the conditions outlined above have been
satisfied;
And that the Owner participate in the
enhanced hoarding program for Markham Centre, and that the Mayor and Clerk be
authorized to execute a hoarding agreement in a form satisfactory to the Town
Solicitor and the Commissioner of Development Services, with Times Investments
Limited;
And that the Mayor and Clerk be
authorized to execute an agreement with the Times Investments Limited
committing not to pre-sell any units beyond 400 until servicing allocation is
received from the Town and the Markham Centre Landowners Cost Sharing Group;
And that this endorsement shall lapse
and site plan approval will not be issued, after a period of three years
commencing October 17,
2006, in the event that the site plan agreement is not executed
within that period.
CARRIED
28. MARKHAM CENTRE
DEVELOPMENT CHARGE DEFERRAL (7.11)
Staff gave a presentation regarding the
preliminary financial analysis of a request for deferral of Markham Centre non-residential
Development Charges. Discussions included options, construction of
infrastructure, and TIFs. Staff will provide a complete analysis at a future
Committee meeting.
Moved by:
Regional Councillor J. Jones
Seconded
by: Councillor D. Horchik
That the staff presentation dated October 17, 2006, regarding Markham
Center Development Charges, be received, and that further
presentations be deferred until January, 2007.
CARRIED
PART C
Public Meeting
7:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
D.
Barker, Licensing Officer
S.
Birrell, Town Clerk
S.
Heaslip, Senior Planner
A.
Henriques, Planner II
T.
Kanji, Planner II
R.
Kendall, Manager, Central District
V.
Shuttleworth, Director of Planning and Urban Design
B.
Wiles, Manager, By-law Enforcement & Licensing
C.
Raynor, Committee Clerk
|
The
Development Services Committee convened at the hour of 7:02 p.m. in the Council
Chamber with Councillor G. McKelvey in the Chair.
DISCLOSURE OF INTEREST - None disclosed
29. NAAM GROUP INC., SOUTH - WEST CORNER OF
YORKTECH DRIVE AND RODICK ROAD
ZONING AMENDMENT TO PERMIT 30
PERCENT ACCESSORY
RETAIL (ZA 06-114625)
(10.5)
Report Attachment
The Chair
advised that the subject of the Public Meeting this date was to consider the
proposed Zoning By-law amendment, File
ZA 06 114625, submitted by Naam Group Inc., to permit 30% accessory retail in
addition to the existing permitted industrial uses at the south-west corner of
Yorktech Drive and Rodick Road.
Committee
was advised that 22 notices were mailed on September 27, 2006, and a Public
Meeting sign was posted on September 26, 2006.
Committee received no written submissions.
Staff
gave a presentation regarding the proposal, surrounding uses and outstanding
issues. The applicant briefly advised that the design should integrate with
surrounding developments.
There
were no comments from the audience with respect to this application.
Moved
by Councillor D. Horchik
Seconded
by Regional Councillor B. O'Donnell
That
the Development Services Commission report dated September 5, 2006 titled
“Preliminary Report. Naam Group Inc. Application for zoning amendment to permit
30% accessory retail in addition to the existing permitted industrial uses at
the south-west corner of Yorktech Drive and Rodick Road (lots 3 & 4,
65M-2755) (ZA 06 114625)” be received;
And that the Record of the
Public Meeting held on October 17, 2006 with respect to the proposed amendments
to By-law 165-80 be received;
And that the application by
the Naam Group Inc. to amend By-law 165-80 be approved;
And further that the proposed
amendment to By-law 165-80 be enacted without further notice following submission of a site plan satisfactory to Development
Services Committee.
CARRIED
30. LOUIS AND GIANNA ALDROVANDI
60 VICTORY AVENUE AND 262 OLD
KENNEDY ROAD
DRAFT PLAN OF SUBDIVISION (SU
05 011171) (10.7)
Report Attachment
The Chair
advised that the subject of the Public Meeting this date was to consider the
draft plan of subdivision, File SU 5 011171, submitted by Louis and Gianna
Aldrovandi, for a number of development blocks intended for apartment and
multi-unit dwellings at 60 Victory Avenue and 262 Old Kennedy Road.
Committee was advised that 80
notices were mailed on September 27, 2006, and a Public Meeting sign was posted
on September 26, 2006. Committee
received no written submissions
Staff gave a presentation
regarding the proposal, surrounding uses and outstanding issues. The applicant
spoke briefly and noted that the proposal has been a long time in development
but that they will work with staff to move ahead as quickly as possible.
The Committee was advised that
the street alignment and the location of the proposed school block are the
principal causes of delay. The Committee requested that the process be advanced
as quickly as possible.
There were no comments from
the audience with respect to this application.
Moved by Councillor A. Chiu
Seconded by Regional
Councillor B. O'Donnell
That the Development Services Commission
report dated May 17, 2005 titled “Preliminary Report Louis and Gianna
Aldrovandi, Residential Subdivision application at 60 Victory Avenue and 262
Old Kennedy Road (19TM-05007) Milliken Main Street Area (File SU-05-011171 be
received;
And
that the Record of the Public Meeting held on October 17, 2006, with respect to
the proposed draft plan of subdivision, be received;
And
further that the application by Louis and Gianna Aldrovandi, for draft plan of
subdivision approval be referred back to staff for a report and recommendation.
CARRIED
31. 1685455 ONTARIO INC. 4550 STEELES AVENUE
EAST
AND TOWN-OWNED LANDS AT 4576
STEELES AVENUE EAST
ZONING AMENDMENT (ZA 06
126186, SC 06 122264) (10.5, 10.6)
Report Attachment
The Chair
advised that the subject of the Public Meeting this date was to consider the
proposed Zoning By-law amendment, File
ZA 06 126186, SC 06 122264, submitted by 1685455 Ontario Inc., at 4550 Steeles Avenue East and Town-owned lands at 4576 Steeles Avenue East.
Committee
was advised that 140 notices were mailed on September 27, 2006, and a Public
Meeting sign was posted on September 26, 2006.
Committee received no written submissions
Staff
gave a presentation regarding the proposal, surrounding uses and outstanding
issues. It was noted that the proposed underground parking facility will extend
beneath the Thelma Avenue extension, requiring that strata
rights be assigned. The applicant spoke briefly to outline the results of the
traffic study and to discuss the parking facility.
Committee
was advised that the sale of the Town-owned lands can not proceed until after
the Environmental Assessment process for the Midland Avenue and Thelma Avenue extensions is completed.
Mr.
J. Shirodker, 41 Manston Crescent,, on behalf of Ward 8 Ratepayers’
Association, requested Committee to consider the impact of traffic at the
already-congested area of Woodbine Avenue and Steeles Avenue. Staff advised that the traffic
study will be tackled in the final report.
Moved
by Regional Councillor J. Heath
Seconded
by Councillor D. Horchik
That
the deputation by Mr. J. Shirodker on behalf of Ward 8 Ratepayer’s Association,
with concerns regarding the proposal by 1685455 Ontario Inc. at 4550 Steeles
Avenue East and Town-owned lands at 4576 Steeles Avenue East, be received;
And
that the Development Services Commission staff report dated September 19, 2006,
titled “Preliminary Report, 1685455 Ontario Inc. – Application for Zoning
Amendment – 4550 Steeles Avenue East and adjacent Town-owned lands municipally
known as 4576 Steeles Avenue East – File Number: ZA 06 126186” be received;
And
that the Record of the Public Meeting held on October 17, 2006, with respect to
the proposed amendment to By-law 177-96, be received;
And
further that the application by 1685455 Ontario Inc. to amend By-law 177-96 be
referred back to staff for a report and recommendation.
CARRIED
32. SECOND HAND GOODS (2.0)
Report
Staff advised that a public
meeting to consider an amendment to the Second Hand Goods By-law 2002-307 is
being held in accordance with the Municipal Act.
Staff presented information
relating to a proposed amendment to the Second Hand Goods By-law 2002-307. The
proposed amendment would exempt the trading of videogames from the requirements
of the By-law where the games were traded for exchange or credit rather than
cash.
The Committee noted that the
original criteria were established to address police concerns regarding the
trading of stolen videogames. The Committee requested that York Regional Police
be contacted for their input prior to the final report.
33. LICENSING OF PAVING/INTERLOCKING BRICK
CONTRACTORS (2.0)
Report
Staff advised that a public
meeting to consider licensing paving/interlocking brick contractors is being
held in accordance with the Municipal Act.
Staff presented information
relating to a proposed by-law to require that paving contractors be licensed in
the Town of Markham. It was noted that the issue arose
out of the Extended Driveways Working Group.
The Committee was advised of
the proposed requirements such as liability insurance, written contracts with
customers, and signage identification requirements as well as some of the
potential issues such as enforcement. It was stated that extra staff will be
available in 2007 for enforcement and that parking control officers will carry
out weekend enforcement.
Staff advised that a
communication program to residents regarding driveways will commence in January
2007 and that the purpose of the proposed by-law is to ensure that work on
driveways is in accordance with the Extended Driveways By-law and to mitigate
some of the line of sight issues associated with poorly stored building
materials.
Staff advised that the
possibility of extending the requirements of the by-law to snowplough and lawn/landscape
operators might be considered later in 2007.
The Committee queried whether
establishing a requirement for a building permit when widening driveways might
be more effective than a licensing scheme, especially since permits are already
required for certain deck construction projects, and whether there was a need
to extend the provisions of the by-law to snowplough operators and landscapers.
Staff suggested that a permit will make things more complicated for residents
and will add a time and cost factor.
The Committee also queried the
extent of Town enforcement and was advised that licensed operators found in
contravention of the by-law will lose their license and can be required to make
repair to contravening projects.
Mr. J. Hammons, 132 Elm Lea Street, on behalf of Mosaic Landscaping,
advised that Landscape Ontario already maintains a list of credible contractors
to help protect consumers and suggested that a permit for the storing of
materials might be effective for ensuring that materials are stored safely. He
stated that any building permits should be acquired by the resident as it would
be too time-consuming for the contractor to get them.
Mr. B. Mersey, 85 Snowshoe Crescent, a soft landscaper, advised that
the landscaping business is very competitive and that licensing soft
landscapers will create additional expense and complication for these
businesses.
Staff suggested a report will
be presented to General Committee in late November 2006.
ADJOURNMENT
The Development Services
Committee meeting adjourned at the hour of 9:00 p.m.