DEVELOPMENT SERVICES
COMMITTEE
2001-11-06
Meeting No. 18
PART A
- 12:00 noon - Canada Room
PART B
- 1:00 p.m. - Council Chamber
Attendance
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J.
Livey, Chief Administrative Officer
M.
F. Turner, Commissioner of Development
Services
J.
Sales, Commissioner of Community Services
J.
Baird, Director of Planning & Urban Design
R.
Robinson, Town Solicitor
D.
Clark, Town Architect
L.
Irvine, Manager, Urban Design
P.
Watts, Manager, Development Engineering
C.
Bird, Manager, Plan Review
S.
Kitagawa, Senior Planner
T.
Northcott, Senior Business Dev. Officer
K.
Bavington, Committee Clerk
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The
Development Services Committee convened at the hour of 12:10 p.m. in the Canada
Room with Councillor G. McKelvey in the Chair.
DISCLOSURE
OF INTEREST - none declared at this
time.
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The Committee
recessed into Development Services Committee "In-camera" to discuss a
confidential legal matter, at 12:50 p.m.
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The
Committee rose from "In-camera" and reported, at 1:00 p.m.
1. THORNHILL
SQUARE OMB HEARING (8.0)
RECOMMENDATION:
That the matter of retaining
expert and legal assistance for the OMB hearing regarding Thornhill Square, be
referred to Committee of the Whole, In-Camera, for the meeting scheduled for
November 13, 2001:
And that the Town Solicitor
be instructed to provide additional information in the form of C.V.s.
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* Amended
by Council at its meeting held November 13, 2001, to add the following:
That
Council’s direction to the Town Solicitor regarding assistance at the OMB
hearing with respect to Thornhill Square, John Street east of Bayview Avenue,
be confirmed.
2. WIDEMAN HOMESTEAD, 9462 HIGHWAY 48, -
DEMOLITION (16.11, 8.0)
Staff
provided an update regarding the recent demolition of the Wideman Homestead,
circa 1874, at 9462 Highway 48, Markham Village, that had been intended for
Heritage designation. The owner, Ballantry Homes, advised staff that the
contractor had inadvertently demolished the main structure instead of the four
outbuildings. The Committee and Town Solicitor discussed options for fines, or
reconstruction. Staff advised steps have been taken to protect the trees on the
site. The Committee requested information regarding sites owned, and/or being
developed by Ballantrae Homes.
RECOMMENDATION:
That the President of Ballantry
Homes be requested to make a deputation at the Committee of the Whole meeting
scheduled for November 13, 2001, to discuss the demolition of the Wideman
Homestead, 9462 Highway 48;
And that the Town Solicitor
investigate available courses of legal action;
And that staff review and report
to Committee with respect to improving and fast-tracking the process of
identifying and designating Heritage structures.
3. AMBER
PLAINS INVESTMENTS LIMITED, PHASES 2B & 2C
PART LOTS 17 & 18, CONC.
7, EXTENSION OF DRAFT PLAN
APPROVAL FOR DRAFT PLAN
APPROVED SUBDIVISION, 19T-95042(10.7)
RECOMMENDATION:
That
the application by Amber Plains Investments Limited, to extend draft plan
approval for draft approved plan of subdivision 19T-95042, Phases 2b and 2c, be
approved for 3 years, subject to all the conditions of draft approval dated
July 5, 2000.
4. TELEPHONE
POLL - NOVEMBER 2, 2001
EXECUTION OF SPATIAL SEPARATION AGREEMENT
BETWEEN AMBER PLAIN INV., THE ROYAL
BANK OF CANADA, AND TOWN OF MARKHAM (10.0)
The
Committee requested the Clerk provide clarification at the Council meeting
scheduled for November 13, 2001, regarding the telephone poll taken November 2,
2001, with respect to execution of agreement, and that the appropriate
recommendation be presented.
5. 1107656 ONTARIO LIMITED (TIMES
GALLERIA)
BLOCKS 41, 42, 43, 44, REGISTERED PLAN 65M-3226
APPLICATIONS FOR OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS TO PERMIT MIXED DEVELOPMENT
(OP 01 102682, ZA 01 103395)(10.3, 10.5)
The Committee had
before it a staff report dated November 6, 2001, and a staff memo dated
November 5, 2001 describing further refinements to the proposal and amendments
to the proposed by-law. Staff gave a brief overview of the application.
Mr. Jim Kirk, of
Malone Given Parson, representing the applicant, responded to the Committee's
concerns regarding protection of the transportation right-of-way. Staff agreed
to provide further information to Council in this regard, for the Council
meeting scheduled for November 13, 2001.
Discussions
included parking issues, water allocation, reduction of park size, securing
parkland, employment opportunities, and the importance of the noise study.
RECOMMENDATION:
And that the
record of the Public Meeting held on July 9, 2001 relating to the applications
by 1107656 Ontario Ltd. for
Official Plan and Zoning By-law Amendments to permit mixed residential and
commercial development on Blocks 41, 42, 43, 44 Registered Plan 65M-3226 in the
Times Leitchcroft area (OP 01 102682; ZA 01 103395) be received;
That
the owners be granted sufficient water allocation from the Town reserve to
permit development of 650 residential units on Blocks 41, 42, 43, 44 Registered
Plan 65M-3226;
That the
Secondary Plan Amendment incorporating revisions to Secondary Plan PD 38-1 for
the Leitchcroft Planning District, be approved;
And that the
Zoning By-law Amendment, to permit the proposed development, be approved.
And that as a preliminary step to
the parkland dedication process, staff identify and secure lands to be
designated, in a parkland agreement.
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* Amended
by Council at its meeting held November 13, 2001, to delete paragraph 4, and
replace it as follows:
And
that the Zoning By-law Amendment, to permit the proposed development, be deferred,
pending clarification of height restrictions.
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Other matters considered by the
Development Services Committee on November 6, 2001:
6. BUSINESS
PLAN UPDATE (10.0)
Ms.
Mary-Frances Turner, Commissioner of Development Services, presented the
Development Services Commission - 2001 Business Plan, 3rd Quarter
update. Committee briefly discussed the time frames for issuing Building
Permits, and new client/performance programs. The Committee expressed concern
that builders are not fulfilling obligations in a timely manner.
RECOMMENDATION
That the staff presentation
regarding the Development Services Commission - 2001 Business Plan, 3rd
Quarter update, be received;
And that staff provide an
information report for Committee or Council with respect to approaches for
dealing with developer compliance/performance issues, and the legal
ramifications of posting builder-related complaints on the Town's web-site.
7. PRESENTATION
OF SERVICE AWARDS (12.2.6)
The following employees were presented with service awards:
Douglas Curr, Captain, Fire Department - 30 years
Scott Richardson, Chief Fire Prevention Officer, Fire Department - 30
years
William Vliek, 1st Class Fire-fighter, Fire Department - 30
years
Eric Gilbert, Parks Labourer/Driver, Parks Maintenance - 20 years
Scott Daniel, Fire Department - 15 years
8. MARKVILLE MALL, 5000 HIGHWAY 7
SITE PLAN APPLICATION FOR EXPANSION TO WALMART,
AND FOR NEW FREE-STANDING RESTAURANT(SC.01-109606) (10.6)
Councillor G.
McKelvey disclosed an interest with respect to the proposed redevelopment for
Markville Mall by nature of the mall being owned by the Ontario Teacher’s
Pension Plan Fund of which he is a member and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
Regional
Councillor T. Wong assumed the Chair of the Development Services Committee
during consideration of this item.
The Committee had before it an extract from Unionville
Subcommittee meeting held October 30, 2001, referring the following site plan
applications for Markville Mall, directly to
Development Services Committee:
- 63,000 sq.
ft. expansion of Walmart;
- new
free-standing restaurant structure for 'Swiss Chalet', fronting on Highway 7.
Mr. Randal
Dickie of PMG Planning, Mr. Peter Peltekoff of Petroff Partnership Architects,
and Ms. Anne Morash of Cadillac-Fairview, were in attendance to present site
plan details.
Staff advised a satisfactory change had been
made to the proposed colour pallet for the Walmart expansion. The Committee
discussed at length their concerns regarding a satellite restaurant building,
with respect to the future link to the mall, and possible proliferation of
separate buildings along Highway 7. The Committee requested that the
applicant provide a master plan.
In response to the Committee's questions, Mr.
Dickie and Mr. Peltekoff confirmed there will be no drive-thru facility,
exterior pick-up counter, or separate pick-up entry for the proposed restaurant
building. The Committee directed the applicant to provide final drawings for
the structure, for Council's review. The applicant was also directed to hold a
public information meeting for residents prior to execution of the site plan
agreement for application file SC.01-109606, and that any concerns of the
residents be incorporated into the agreement.
RECOMMENDATION:
That the site plan application,
file SC.01-109606, submitted by Ontrea Inc./Cadillac Fairview, be approved with
respect to a 63,000 sq. ft. expansion of Walmart, at Markville Mall, 5000
Highway 7, subject to the following conditions:
1) That the Owner enter into an amending site
plan agreement with the Town;
2) And 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) And further that the site plan agreement
include provision for the payment by the Owner of all application fees,
recoveries and development charges.
And that the site plan application,
file SC.01-109606, submitted by Ontrea Inc./Cadillac Fairview, with respect to
a free-standing restaurant structure at Markville Mall, 5000 Highway 7, be
referred to the Unionville Subcommittee for review with respect to the master
plan, and a recommendation to
Council;
And that the applicant provide
final drawings of the proposed restaurant structure to Council at its meeting
scheduled for November 13, 2001;
And that the applicant hold a
public information meeting for area residents regarding current development at Markville Mall prior
to execution of the site plan agreement for application file SC.01-109606, and
that any concerns of the residents be incorporated into the agreement.
9. MAIN
STREET MARKHAM COMMITTEE
PRESENTATION OF STREETSCAPE
GUIDELINE (16.39)
Mr. Peter Ross and Mr. Eric Wheeler, of the Main
Street Markham Committee, made a presentation regarding the Main Street Markham
Streetscape Guidelines, and to request endorsement and integration of the
Streetscape Guidelines, Vision Statement, Commercial Revitalization, and
Heritage Guidelines, into OPA 108.
The presentation included a review of the Committee's
creation in 1998, its mandate, successful projects to date, including the
establishment of the Farmer's Market, Parkettes, and improvements to trees and
plantings, and Tannery Pond. Mr. Ross and Mr. Wheeler described the challenges
faced by the Main Street Markham Committee, and made two requests: that the
Council of the Town of Markham embody the Main Street Markham Vision by
declaring the Town's intention to integrate the Secondary Plan, Official Plan,
Zoning By-laws, Heritage Guidelines, Vision Statement, and Streetscape
Guidelines; and secondly, to enable the Bump-out study to proceed.
Mr. Ross and Mr. Wheeler summarized the presentation
with appreciation to the Council and staff of the Town of Markham for
continuing support.
The Committee expressed
appreciation for the presentation, and to Councillors McKelvey and Heath for
their contributions and leadership on the Main Street Markham Committee.
RECOMMENDATION:
That the presentation by Mr. Peter
Ross and Mr. Eric Wheeler, of the Main Street Markham Committee, regarding the
Main Street Markham Streetscape Guidelines, be received and referred to staff
for a report and recommendation;
And that appreciation be conveyed to
Main Street Markham Committee members, including members of the public, staff,
and Councillors;
And that the presentation regarding
the Main Street Markham Committee, along with the Streetscape Guidelines, be
incorporated onto the Town of Markham Website.
10. HERITAGE
MARKHAM COMMITTEE MINUTES -October 10, 2001
(16.11)
RECOMMENDATION:
That the
Heritage Markham Committee minutes, October 10, 2001, be received for
information.
11. MAIN
STREET MARKHAM COMMITTEE MINUTES -Sept. 19, 2001 (16.39)
RECOMMENDATION:
That the Main
Street Markham Committee minutes, September 19, 2001, be received for
information.
12. GREATER TORONTO MARKETING ALLIANCE (GTMA)
BUSINESS MISSION TO SILICON
VALLEY, SEPT. 19-23, 2001(10.16)
RECOMMENDATION:
That the
Economic Development report dated November 6, 2001, regarding the Greater
Toronto Marketing Alliance business mission to Silicon Valley (San José and San
Francisco) September 19-23, 2001, that was attended by Regional Councillor Bill
O’Donnell, and Ted Northcott, be received for information.
13. 1055097
ONTARIO LIMITED (LARKIN MONARCH PARTNERSHIP)
NORTH OF 16TH AVE.,
WEST OF MCCOWAN RD.
APPLICATION FOR ZONING BY-LAW
AMENDMENT
TO IMPLEMENT PHASE S 3A &
3B OF DRAFT PLAN 19T-95009
(ZA.01-114576) (10.5, 10.7)
The Committee
noted a request by the applicant that the staff recommendation following the
Public Meeting be presented at the earliest opportunity.
RECOMMENDATION:
That a Public
Meeting be held to consider the application (ZA.01-114576) by 1055097 Ontario
Limited (Larkin Monarch Partnership) for approval of a Zoning By-law Amendment
north of 26th Avenue, west of McCowan Road to implement Phases 3A
and 3B of Draft Plan 19T-95009.
14. REGENCYCARE
CORPORATION LONG TERM CARE FACILITY
380 CHURCH STREET, SITE PLAN
APPLICATION (SC.01-111317)(10.6)
Committee
members noted the efforts of staff to reach an acceptable solution for both the
public and the applicant regarding structure location and vehicular access. The
Committee questioned the lack of stairs on the site plan to deal with elevation
changes, and staff advised final grading and site plan details would include
that aspect.
RECOMMENDATION:
That the site
plan application by the RegencyCare Corporation to permit a long term care facility
at 380 Church Street be approved, subject to the following conditions:
1. THAT the Owner enter into a development
agreement with the Town respecting the extension of Church Street to future Bur
Oak Avenue, such agreement to include provisions requiring the Owner to
dedicate the right-of-way and construct the street at their cost;
2. THAT the Owner enter into a site plan
agreement with the Town;
3. THAT prior to execution of the site
plan agreement, the Owner shall submit final site plans, elevations, and
landscaping plans, and comply with all requirements of the Town and authorized
public agencies, to the satisfaction of the Commissioner of Development
Services;
4. THAT the site plan agreement include
provision for the payment by the Owner of all applicable fees, recoveries and
development charges;
5. THAT the site plan approval will lapse
after a period of three years commencing November 6, 2001 in the event that a
site plan agreement is not executed within that period.
15. MARKHAM
KIA LTD., 31 OLD KENNEDY ROAD
APPLICATIONS FOR REZONING AND
OFFICIAL PLAN AMENDMENTS
TO PERMIT A VEHICLE SALES
ESTABLISHMENT
(OP.01-113410, ZA.01-113414,
SC.01-1143416)(10.3, 10.5, 10.6)
RECOMMENDATION:
That a Public
Meeting be held to consider Official Plan Amendment Application OP.01-113410
and Zoning By-law Amendment application ZA.01-113414 submitted by Markham Kia
Ltd., to permit an automotive sales establishment at 31 Old Kennedy Road.
16. UNIONVILLE
MONTESSORI SCHOOL, 4484 16TH AVENUE
APPLICATIONS FOR OFFICIAL PLAN
AND ZONING BY-LAW
AMENDMENTS TO PERMIT A
PERMANENT MONTESSORI SCHOOL
(OPA.99-017151,
Z0.99-017154)(10.3, 10.5)
RECOMMENDATION:
That a Public
Meeting be held to consider the applications by Unionville Montessori School
for approval of an Official Plan Amendment (OPA.99-017151) and Zoning By-law
Amendment (ZO.99-017154) to permit a permanent Montessori School at 4484 16th
Avenue.
17. AMBER
PLAINS INVESTMENTS LIMITED,
PART OF LOTS 17 AND 18 OF
CONCESSION 7
DRAFT PLAN APPROVAL AND
REZONING APPLICATIONS
FOR PHASE 3 OF DRAFT PLAN OF
SUBDIVISON 19T-95042
(SU 01 111542, ZA 01
111522)(10.7, 10.5)
RECOMMENDATION:
That a Public
Meeting be scheduled to consider the applications (SU 01 111542, ZA 01 111522)
submitted by Amber Plains Investments Limited for subdivision approval (Phase
3) and implementing zoning by-law amendments of Draft Plan 19T-95042 for Parts
of Lots 17 and 18 of Concession 7.
18. BRRAG LEGISLATION (13.2)
Staff provided
background information regarding proposed Building Reform Legislation, and
reviewed two items of interest: Building Permit and Development application
fees will be charged in accordance with actual costs; and, site plan control
will exclude some items currently controlled by Site Plan or Architectural
Control, such as colour. It was noted that Council had previously discussed
preparing a course of action to determine/justify appropriate fees, and that
the Core Services Review will assist in that determination.
Staff agreed
to consult with AMO and other municipalities, and prepare a more detailed
report. Committee emphasized that the concerns of AMO and the Town must be
presented prior to enactment of the Legislation.
RECOMMENDATION:
That
the background information and verbal report by staff with respect to BRRAG
Legislation, be received for information.
19. FREEDOM OF INFORMATION AND ACCESS TO
BUILDING PLANS (10.0)
The Committee
received a statement from Mr. John Wright, Director of Building Standards,
regarding a restriction of access to building plans that depict large buildings
or buildings with high occupant counts, as a result of recent world events that
have altered assessment of what might constitute a credible threat to public
safety.
RECOMMENDATION:
That
the statement from the Director of Building Standards, regarding a restriction
of access to building plans, be received for information.
20. GREAT TRANSPORTATION DEBATE (5.14)
Staff provided
a reference information package regarding transportation issues in the Town of
Markham.
RECOMMENDATION:
That
the reference information package regarding transportation issues, be received.
21. OAK RIDGES MORAINE UPDATE (13.2.5)
Mr. Tim Lambe,
Manager of Planning, provided an update of events surrounding the recent
announcement from the Ministry of Municipal Affaire regarding the Oak Ridges
Moraine. He discussed land exchanges with respect to Pickering/Seaton lands,
implications to current land development applications, and the need for a
transportation plan.
RECOMMENDATION:
That the
update and verbal report presented by staff with respect to the Oak Ridges
Moraine, be received;
And that
appreciation be expressed to staff for their efforts in preparing the
information and presentation.
22. INFORMATION MEETING REPORT, CORNELL SOUTH
COMMUNITY (10.0)
Councillor J.
Heath provided a verbal report regarding a recent information meeting held to
present plans for the Cornell South Community at 9th Line and
Highway 7, to the public. He advised the residents were supportive of the plan.
23. PUBLIC NOTIFICATION PROCESS (10.0)
Councillor
G. McKelvey, Chair of the Development Services Committee, provided an update
with respect to the review of the public notification process, which had been
directed by the Committee on July 9, 2001.
He advised that staff have conducted a survey of the practices of other
municipalities, and are looking at a number of methods to assist the public to
keep informed on items of interest. A staff report will be presented in the
near future.
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The
Development Services Committee recessed at the hour of 4:00 p.m. and reconvened
at the hour of 7:10 p.m.
……………………………
Public Meeting
Attendance
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J.
Baird, Director of Planning & Urban Design
R.
Blake, West District Coordinator
M.
Seaman, Senior Planner
K.
Bavington, Committee Clerk
T.
Weatherill, Assistant to Committee Clerk
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The
Development Services Committee convened at the hour of 7:10 p.m. in the Council
Chambers with Councillor G. McKelvey in the Chair.
DISCLOSURE
OF INTEREST - none declared
24. 1456217 ONTARIO INC., NORTH EAST CORNER
OF TIMES AVENUE
AND GALLERIA PARKWAY, ZONING
BY-LAW AMENDMENT
(ZA.01-111852)(10.5)
The Chair
advised that the subject of the Public Meeting this date was to consider Zoning
By-law amendment application, File ZA 01 111852, submitted by 1456217 Ontario
Inc., for a proposed hotel at the north east corner of Times Avenue and
Galleria Parkway.
Committee was
advised that 136 notices were mailed on October 17, 2001, and a public meeting
sign was posted October 12, 2001. There were no written submissions received.
Mr. Ron Blake,
West District Coordinator, gave a presentation of the proposal for Liberty
Tower II, a 62-suite, 5-storey apartment hotel. He explained the location of
the subject site and surrounding uses.
Ms. Atika
Hundal, 7 Azalea Gateway, Thornhill, L3T 7T9, stated her concern that her
property value would decrease due to the proposed use.
The Committee
advised Ms. Hundal of the actual decrease of commercial uses in the area over
the last few years, and discussed the developer's responsibility to properly
advise of surrounding uses to new home purchasers.
Mr. Mario
Gumushdjian, Architect for the applicant, displayed renderings of the proposed
structure, advising it will be modest in scale, and residential in nature.
Staff advised buffering and other integrating measures can help address
concerns of adjacent property owners.
Mr. David
Punnett, 146 Leitchcroft Crescent, Thornhill, L3T 7T6, expressed concern for
the effects of a higher, closer structure adjacent to his property, and the
effects on his property value.
The Committee
advised the concerns expressed will be reviewed by staff in a report to be
presented to this Committee in several weeks.
RECOMMENDATION:
That the
Record of the Public Meeting held on November 6, 2001 with respect to
application File ZA 01 111852 for the proposed amendment to By-law 177-96, as
amended, submitted by 1456217 Ontario Inc., for a proposed hotel at the north
east corner of Times Avenue and Galleria Parkway, be received;
And that the
applications for zoning by-law amendment and site plan approval to permit the
proposed development be referred back to staff for a report evaluating the
proposal.
25. EUGENIO GARRITANO, 355-357 MAIN STREET
MARKHAM NORTH
ZONING BY-LAW AMENDMENT
(ZA.99-029954)(10.5)
Councillor J.
Virgilio disclosed an interest with respect to the proposed redevelopment for
355-357 Main Street Markham North, submitted by Eugenio Garritano, by nature of
representing a mortgagee of the property, and not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
The Chair
advised that the subject of the Public Meeting this date was to consider Zoning
By-law amendment application, File ZA.99-029954, submitted by Eugenio
Garritano, to permit two freehold semi-detached residential buildings, and
retain and restore the existing heritage dwelling, at 355-357 Main Street
Markham North.
Committee was
advised that 115 notices were mailed on October 17, 2001, and a public meeting
sign was posted October 17, 2001. There were no written submissions received.
Mr. Michael
Seaman, Senior Planner, gave a presentation of the proposal, explaining the
location of the subject site and surrounding uses. He advised the mature trees
on the property are not in a condition to be preserved.
Mr. John
Clark, 362 Main Street North, Markham, L3P 1Z1, expressed concern for the
crowded appearance of the property, with the proposed setback reductions and
lot coverage increases. He suggested the increased traffic would be a hazard.
Ms. June
Chuang, 12 Deer Park Lane, Markham, L3P 2B5, advised she lives behind the
subject property, and abuts the proposed parking area. Ms. Chuang stated her
dismay over the loss of the trees, the crowding of the property, and traffic
hazards at the driveway access to Deer Park Lane, and in the narrow roadway.
She also expressed concerns with the run-off from paved areas, as the subject
property is at a higher elevation that hers.
Staff advised
there are no landscaping and buffering requirements in the zoning by-law for
abutting residential properties, however, these issues could be addressed in
the zoning by-law amendment, or by site plan process. Staff also advised the
residential intensification is permitted in OPA 108.
The parking
space requirement was discussed. The applicant advised three spaces are being
added to the required 10 spaces to allow for potential home occupation uses.
The Committee considered restricting home occupation use to 2 of the 3
buildings, reduction in parking space requirements and reduction of parking
areas. Staff agreed to work with the applicant to resolve the issues of
concern.
The Committee
advised the concerns expressed will be reviewed by staff in a report to be
presented to this Committee in several weeks.
RECOMMENDATION:
That the
Record of the Public Meeting held on November 6, 2001 with respect to
application File ZA.99-029954 for the proposed amendment to By-law 1229, as
amended, for 355-357 Main Street Markham North (Eugenio Garritano), be
received;
And that the
application for zoning by-law amendment be referred back to staff for a report
evaluating the proposal.
ADJOURNMENT