DEVELOPMENT SERVICES COMMITTEE MINUTES
NOVEMBER 15, 2011,
9:00 a.m. to 12:30 p.m.
Council Chamber
All
Members of Council
Development
Services Economic
Development
Chair: Regional Councillor Jim
Jones Chair: Councillor Carolina
Moretti
Vice-Chair: Councillor Don Hamilton Vice-Chair:
Councillor Alex Chiu
Transportation Issues
Chair: Regional Councillor Gord
Landon
Vice-Chair:
Councillor Alan Ho
PART B
Report Agenda
9:00 a.m. – Council Chamber
Attendance
|
Regrets
Councillor Alex Chiu
|
Andy Taylor, Chief Administrative
Officer
Jim Baird, Commissioner of
Development Services
Alan Brown, Director of Engineering
Stephen Chait, Director, Economic
Development
Catherine Conrad, Town Solicitor
George Duncan, Senior Heritage
Planner
Regan Hutcheson, Manager, Heritage
Planning
Christina Kakaflikas, Manager,
Special Projects
Stephen Kitagawa, Senior Planner
Rino Mostacci, Director of Planning
and Urban Design
Stacia Muradali, Senior Planner
Kitty Bavington, Council/Committee
Coordinator
|
The Development Services
Committee convened at the hour of 9:07 a.m. in the Council Chamber with Regional
Councillor Jim Jones in the Chair. Councillor
Carolina Moretti assumed the Chair for Economic Development item, No. 11.
DISCLOSURE OF PECUNIARY INTEREST –
None Declared
1. DEVELOPMENT
SERVICES COMMITTEE MINUTES
- October 25, 2011, Part B (10.0)
Minutes
Moved by:
Councillor Valerie Burke
Seconded
by: Regional Councillor Joe Li
That the
minutes of the Development Services Committee meeting, Part B, held
October 25,
2011, be confirmed.
CARRIED
2. DEVELOPMENT
SERVICES PUBLIC MEETING MINUTES
- October 25, 2011 (10.0)
Minutes
Moved by:
Councillor Valerie Burke
Seconded
by: Regional Councillor Joe Li
That the
minutes of the Development Services Public Meeting, held October 25, 2011, be
confirmed.
CARRIED
3. MAIN
STREET MARKHAM COMMITTEE MINUTES
- October 19, 2011 (16.39)
Minutes
Moved by:
Councillor Valerie Burke
Seconded
by: Regional Councillor Joe Li
That the minutes of the Main
Street Markham Committee meeting held October 19, 2011, be received for
information purposes.
CARRIED
4. ELIAS AND EKATERINI BOBOTSIS
9941 WOODBINE AVENUE
EAST SIDE OF WOODBINE AVENUE
SOUTH OF MAJOR MACKENZIE DRIVE
APPLICATIONS FOR OFFICIAL PLAN
AND
ZONING BY-LAW AMENDMENTS AND
SITE PLAN APPROVAL TO PERMIT
AN
EXPANSION OF THE ROYAL CACHET
MONTESSORI SCHOOL
(OPA, ZA AND SC 11 110068)
(10.5, 10.6)
Report Attachment
Moved by:
Councillor Valerie Burke
Seconded
by: Regional Councillor Joe Li
1) That the report entitled
“PRELIMINARY REPORT, Elias and Ekaterini Bobotsis, 9941
Woodbine Avenue, East side of Woodbine Avenue, south of Major Mackenzie Drive,
Applications for Official Plan and Zoning By-law Amendments and Site Plan
Approval to permit an expansion of the Royal Cachet Montessori School, File
No.’s: OPA, ZA and SC 11 110068” be received; and,
2) That a Public Meeting be
held to consider the applications for Official Plan and Zoning By-law Amendments;
and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
5. AMBER PLAIN INVESTMENTS LTD.
5443, 5521 AND 5565 MAJOR
MACKENZIE DRIVE
(SU.11-120547 AND
ZA.11-120546)
ARROWDALE DEVELOPMENTS LTD.
AND BONNYDON LTD.
5601 MAJOR MACKENZIE DRIVE
(SU.11-118808 AND ZA.118807)
(10.6, 10.5)
Report
Moved by:
Councillor Valerie Burke
Seconded
by: Regional Councillor Joe Li
1) That the report dated November 8, 2011, entitled,
Preliminary Report,
·
“Amber Plain Investments Ltd.,
5443, 5521 and 5565 Major Mackenzie Drive, File Numbers: SU.11-120547 and ZA.11-120546
·
Arrowdale Developments and
Bonnydon Ltd., 5601 Major Mackenzie Drive, File Numbers: SU.11-118808 and ZA.11-118807,”
be received; and,
2) That Staff be authorized to schedule statutory Public
Meetings to consider the proposed Draft Plan of Subdivisions and Zoning By-law
Amendments; and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
6. EXTENSION OF SITE PLAN ENDORSEMENT
PROPOSED 15,970 M2
(171,909 FT2)
8 STOREY OFFICE BUILDING
80 MINTHORN BOULEVARD
WEMAT FOUR LIMITED
(SC 05 016629) (10.6)
Report
Staff
provided clarification in response to a question from the Committee.
Moved by:
Councillor Valerie Burke
Seconded
by: Regional Councillor Joe Li
1) That the Staff memorandum dated November 15, 2011, entitled
“Extension of Site Plan Endorsement - Proposed 15,970 m2 (171,909 ft2)
eight storey office building, 80 Minthorn Boulevard - Wemat Four Limited, File
No: SC 05 016629”, be received; and,
2) That the request for an
extension of Site Plan Endorsement by Wemat Four Limited be granted to February 3, 2015,
subject to conditions as outlined in Appendix ‘B’; and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
7. AGS CONSULTANTS LTD.
139, 195, 201, 203 AND 205
LANGSTAFF ROAD EAST
3, 5 AND 21 ESSEX AVENUE
ROBERT AND DEBORAH TIBERIO
196 AND 198 LANGSTAFF ROAD
EAST
APPLICATIONS FOR ZONING BY-LAW
AMENDMENTS
TO EXTEND PERMISSIONS FOR
TEMPORARY USES FOR
AN ADDITIONAL THREE YEARS
(ZA 11 114963, ZA 11 114979,
ZA 11 114988)
(ZA 11 114990 AND ZA 11
119729) (10.5)
Report
The Committee requested staff investigate pro-active options with
respect to the cat rescue shelter, to avoid a crisis situation. Appreciation
was expressed to Patrick O’Hanlon for his assistance in this matter.
Moved by:
Councillor Valerie Burke
Seconded
by: Regional Councillor Joe Li
1) That the report entitled
“INFORMATION REPORT, AGS Consultants Ltd., 139, 195, 201, 203 and 205 Langstaff
Road East, 3, 5 and 21
Essex Avenue, Robert and DeborahTiberio, 196 and 198 Langstaff Road East,
Applications for Zoning By-law Amendments to extend permissions for temporary
uses for an additional three years, File No.’s:
ZA 11 114963, ZA 11 114979, ZA 11 114988, ZA 11 114990 and ZA 11 119729”
be received.
CARRIED
8. ALTERATION TO THE QUEEN’S HOTEL
BUILDING PERMIT APPLICATION 11
129318 NH
174-178 MAIN STREET
UNIONVILLE HERITAGE
CONSERVATION DISTRICT (16.11)
Correspondence Report
The Committee received correspondence from David Conway, property owner,
regarding the Building Permit application for the Queen’s Hotel.
Staff explained the unauthorized modifications to the heritage building
and the recommendations of Heritage Markham and staff that the building be
returned to its original condition.
Staff displayed historic photographs identifying the subject window and
door and other features of the building, and chronicled the architectural changes
over the years. It was acknowledged that very few heritage buildings are 100%
original; however, staff consider that the subject alternations are not in
keeping with guidelines for such renovations, and may create a precedent for
other requests and other alterations without permits, as well as undermining
the intent of heritage preservation.
The Committee considered the value of the door to the operation of the
business. The business had previously shared an adjacent doorway and vestibule
with another business, which the tenant considered detrimental to customer
access. It was suggested that improved signage may help to promote the
business, and that relocation of the door to the north side of the building
would be more in keeping with the heritage guidelines.
Discussions included pending charges to the property owner, with respect
to work performed without a permit. The Committee indicated support for additional
fees that can be applied in instances of approval after the fact, and requested
that staff incorporate this subject into upcoming discussions regarding the fee
by-law. Staff noted that if the alterations are denied, the applicant and staff
can continue discussions for an alternate door location and signage
improvements.
Roger Kanda, applicant, made a deputation explaining the situation and stated
that he had been advised by the owner to do the alterations, and had been
unaware of the requirement for a Building Permit and heritage approval.
The Committee deferred further discussions until later in the meeting,
pending the arrival of other parties involved.
When discussions resumed, Roger Kanda spoke of his history in Unionville
and his business involvement on Main Street. He displayed photographs of the
new door, which had been found in the basement of the building and matches the
adjacent door. He confirmed that the door had been installed in July, prior to
opening the business in August this year, and he suggested that relocation of
the door to the north side would not be practical, due to the costs and the
need to change the interior layout. The original materials have been discarded.
Staff responded that restoration is still possible, even without the original
materials.
Rob Kadlovski, Co-chair of UBIA, spoke in support of the approval of the
Building Permit. Mr. Kadlovski provided background information on Mr. Kanda’s
support of the Main Street community, and the inadvertent alterations.
Some
Committee members spoke about the importance of supporting Markham’s heritage
program, and some members spoke of the importance of supporting businesses on
Main Street.
It was noted that the landlord and tenant have an obligation to comply
with the regulations and to be aware of Building Permit and heritage
requirements. Staff were directed to meet with the landlord to discuss
possible enhancements to the building. The Committee inquired whether it would be possible
for the entire original balcony to be restored.
A motion to approve the staff recommendation, with a provision that
staff consider relocation of the door to the north side of the building, was
LOST.
The Committee considered a new motion to approve the door, as
constructed. A Committee member requested that Clause 1 be separated.
Moved by: Regional Councillor Gord Landon
Seconded by: Regional Councillor Joe Li
1)
That building permit application
11 129318 NH to retroactively approve the alteration of a window to a door on
the front door of the historic Queen’s Hotel at 174-178 Main Street,
Unionville, be approved as constructed.
CARRIED
2) That the correspondence from David
Conway, property owner, in support of approval of the Building Permit, be
received; and
3)
That the deputations by Roger Kanda, applicant,
and Rob Kadlovski, Co-chair of Unionville BIA, in support of approval of the
Building Permit, be received; and
4)
That there is no objection to the
removal of interior walls as outlined in the Building Permit application; and,
5)
That a
meeting be arranged between staff and the landlord, to consider further enhancements
to the building; and further,
6)
That staff be directed to take any
actions necessary to give effect to the resolution.
CARRIED
9. 2218942 ONTARIO LIMITED
(FORMERLY FORCAST INC.)
9225 9TH LINE
APPLICATIONS FOR OFFICIAL PLAN
SECONDARY PLAN AND ZONING
BY-LAW AMENDMENT
TO PERMIT A FINANCIAL
INSTITUTION WITH AN
ASSOCIATED DRIVE THROUGH
SERVICE FACILITY
(OP.08-116248 AND
ZA.08-116256) (10.3, 10.4, 10.5)
Report Appendix
A and B
Correspondence was received from Peter Bahen, in support of the
proposal, and from Debbi Accettura, in objection to the proposal.
Jim Baird, Commissioner of Development Services, provided an overview of
the proposal for a financial institution with associated drive through service
facilities at 9225 9th Line. The public consultation process,
proposed mitigation measures to address concerns, and the recommendations of
staff, were reviewed. The Site Plan application will come forward to the
Committee at a later date.
Debbi Accettura made a deputation in objection, stating that she had
investigated the zoning of the subject property prior to purchasing their home,
and did not want it to be rezoned to a non-residential use. Ms. Accettura noted
concerns for idling vehicles and garbage accumulation on the site.
Adam Brown of Sherman Brown, representing the applicant, advised that
community meetings had been held, one specifically targeting the adjacent
residences, and positive feedback had been received. A statutory Public Meeting
had also been held, and Mr. Brown outlined the changes the applicant has agreed
to make to the proposal to address the issues identified. Elevations and design
enhancements were displayed. In response to questions Mr. Brown advised that
the property has been vacant for seven years; the applicant is a commercial
developer, not a residential developer and has no interest in building houses
on the site; and he considers the proposed use to be more compatible to the
adjacent residences than the existing gas station and car wash to the north.
Mr. Brown summarized that the proposal has advanced and site plan application
has been submitted based on the public feedback and general indication of support
received.
The Committee discussed traffic and access issues on 9th
Line, and that the proposed use is not provided for in the Cornell vision; it
was suggested, however, this could be considered a transition use and the
applicant can work with the residents at the Site Plan stage on further
enhancements.
The Committee considered the impacts, and the comments of area residents.
The Committee questioned the scope of the community consultation by the Ward
Councillor, and agreed to refer this matter directly to Council, as the Ward
Councillor was not in attendance to provide input.
Moved by: Mayor Frank Scarpitti
Seconded by: Councillor Carolina Moretti
1)
That correspondence from Peter Bahen, in support,
and from Debbi Accettura, in objection to the proposal by 2218942
Ontario Limited,
be received; and,
2)
That the deputation by Debbi Accettura, in
objection to the proposal by 2218942 Ontario Limited, be received; and
3)
That the following resolution be referred directly
to Council:
a) That the staff report dated November 15,
2011 entitled “Recommendation Report, 2218942 Ontario Limited, 9225 9th
Line, Applications for Official Plan, Secondary Plan and Zoning By-law
Amendment to permit a financial institution with an associated drive through
service facility”, be received; and,
b) That
the record of the Public Meeting held on June 21, 2011, with respect to the
proposed amendments to the Official Plan, Secondary Plan and Zoning By-law, be
received; and,
c) That
the applications submitted by 2218942 Ontario Limited to amend the Official
Plan (Revised 1987) and Secondary Plan, be approved, and the draft Official
Plan and Secondary Plan Amendments attached as Appendix ‘A’, be finalized and
enacted without further notice; and,
d) That
the application submitted by 2218942 Ontario Limited to amend the Zoning By-law
be approved and the draft implementing Zoning By-law Amendment attached as
Appendix ‘B’ be finalized and enacted; and further,
e) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
10. 1839314 ONTARIO LIMITED
(FORMERLY GREAT ELDIN
DEVELOPMENTS LTD)
9560 HIGHWAY 48
DRAFT PLAN OF SUBDIVISION AND
REZONING APPLICATIONS TO
PERMIT
TOWNHOUSES, A FUTURE MIXED USE
DEVELOPMENT BLOCK AND A PUBLIC
PARK
(SU 11 109000 & ZA 11
108999) (10.7, 10.5)
Report
Jim Baird, Commissioner of Development
Services, introduced this matter and summarized the proposal. The draft plan approval
encompasses the entire subdivision, and the proposed rezoning involves the park
and townhouse areas only. The high density block will come back to Committee
for zoning and site plan approval at a later date, with detailed plans.
Moved by: Councillor Carolina Moretti
Seconded by: Regional Councillor Joe
Li
1) That the report dated November 15, 2011
titled “RECOMMENDATION REPORT, 1839314
Ontario Limited (formerly Great Eldin Developments Ltd.), 9560 Highway 48,
Draft plan of subdivision and rezoning applications to permit townhouses, a future
mixed use development block, and a public park (File Nos: SU 11 109000 & ZA
11 108999)”, be received; and,
2) That the record of the Public Meeting
held on June 21st, 2011, regarding the applications for approval of
Draft Plan of Subdivision and implementing Zoning By-law be received; and,
3) That the Draft Plan of Subdivision
(19TM-95081) submitted by 1839314 Ontario Limited be draft approved subject to
the conditions attached as Appendix ‘A’ to this report; and,
4) That the application submitted by
1839314 Ontario Limited to amend Zoning By-laws 304-87 and 177-96, as
amended, to permit townhouses and a
public park be approved and the draft by-laws attached as Appendix ‘B’ be
finalized and enacted without further notice; and,
5) That conditional 2011 servicing
allocation for 46 townhouse units be granted to draft plan of subdivision
19TM-95081, subject to written confirmation from the Trustee of the Wismer
Commons Developers Group that servicing allocation is available from the total
2011/2012 sewer and water allocation previously assigned to Wismer Commons;
and,
6) That the Town reserves the right to
revoke or reallocate the servicing allocation should the development not
proceed in a timely manner; and,
7) That the draft plan approval for plan
of subdivision 19TM-95081 will lapse after a period of three (3) years from the
date of issuance in the event that a subdivision agreement is not executed
within that period; and further,
8) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
11. INTERNATIONAL INVESTMENT
ATTRACTION PROGRAM 2012
(10.16)
Report
On October 25, 2011 Development Services Committee deferred
consideration of the subject matter to a future meeting.
Christina Kakaflikas, Manager, Special
Projects, reported on the proposed business mission to India in partnership
with the Indo-Canada Chamber of Commerce as part of a targeted Markham-India
program, as part of Markham’s economic strategy. The Committee discussed the
importance of continuity for the missions, to build on the momentum that has
been built.
Moved by: Deputy Mayor Jack Heath
Seconded by: Regional Councillor Joe Li
1) That the report entitled “International Investment
Attraction Program” 2012 be received; and,
2) That Markham partner with the
Indo-Canada Chamber of Commerce (ICCC) to develop, promote and execute a
business mission and that the ICCC help to recruit mission delegates and
provide organizational and promotional services and travel arrangement services
in advance of and during the mission; and,
3) That the Town be represented by a four
person delegation composed of Mayor Frank Scarpitti, Councillor Carolina
Moretti, Chair of the Economic Development Committee, and two Economic
Development professional staff, S. Chait (Director) and C. Kakaflikas (Manager
Special Projects); and,
4) That the total cost of the
“International Investment Attraction Program” not exceed $47,800.00 and be
expensed from within the 2012 “International Investment Attraction Program”
Capital Budget; and,
5) That Council pre-approve the
International Investment Attraction Program Capital Budget in the amount of
$76,300, with the remaining funds of $28,500 to be used for the China
investment attraction program; and further,
6) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
NEW BUSINESS
12. TRANSIT STRIKE (5.14)
The Committee discussed the ongoing transit strike and
the efforts by Regional Councillors and York Region to resolve the issues
involved.
13. IN-CAMERA MATTER (8.0)
Moved by: Councillor Carolina Moretti
Seconded by: Councillor Logan Kanapathi
That, in accordance with Section 239 (2) (e) of the Municipal Act, Development Services
Committee resolve into an in-camera session to discuss the following
confidential matters:
1) Litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality
or local board
2) Litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality
or local board
3) Litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality
or local board
CARRIED
Moved by: Councillor Carolina Moretti
Seconded by: Regional Councillor Joe Li
That the Development Services Committee rise from
in-camera session (12:55 PM).
CARRIED
ADJOURNMENT
The Development Services
Committee meeting adjourned at 12:55 PM.
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