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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2005-03-22

Meeting No. 6

Development Services                                                                             Economic Development

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

Vice-Chair:      Councillor D. Horchik

 

PART A - 11:30 a.m. - Canada Room

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

 

Attendance

               Mayor D. Cousens

                           (11:50, left at 2:30)

               Regional Councillor J. Jones

               Councillor S. Daurio

               Councillor E. Shapero

               Councillor J. Virgilio (1:25)

               Councillor G. McKelvey

               Councillor J. Webster

               Councillor K. Usman

                           (left at 2:50)

               Councillor A. Chiu

 

 

Regrets: Deputy Mayor F. Scarpitti

              Regional Councillor J. Heath

              Councillor D. Horchik

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

C. Conrad, Town Solicitor

V. Shuttleworth, Director of Planning and Urban Design

A. Brown, Director of Engineering

S. Chait, Director of Economic Development

T. Northcott, Business Development Consultant

D. Ciastko, Senior Business Development Officer

S. Tam, Manager, Small Business Enterprise Centre

D. Clark, Town Architect

R. Hutcheson, Manager, Heritage

L. Irvine, Manager, Parks and Open Space Planning

T. Lambe, Manager, Policy and Research

B. Karumanchery, Senior Project Coordinator

R. Kendall, Senior Project Coordinator

M. Boyce, Senior Policy Coordinator

L. Duoba, Project Coordinator

N. Volpe, Senior Planner

L. Wheeler, Senior Planner

D. Cheng, Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 11:35 a.m. in the Canada Room with Councillor G. McKelvey in the Chair.  Councillor J. Virgilio assumed the Chair for Economic Development items, Nos. 9, 10 and 11.

 

 

DISCLOSURE OF INTEREST

Councillor J. Virgilio disclosed an interest with respect to Item # 36, the proposed development by Rodeo Fine Homes, 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.         FINAL ASSUMPTION
            RESIDENTIAL PLANS OF SUBDIVISION (10.7)

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

Whereas by Memorandum dated January 31, 2005 the Director of Engineering advised that the two year guarantee period for registered Plans 65M-2315, 65M-2090, 65M-2348, 65M-2409, 65M-2438, 65M-2565, 65M-2635, 65M-2930, 65M-2931,    65M-2999, 65M-2850, 65M-2851, 65M-2901, 65M-3199 and 65M-2316 have expired and all securities have been returned to the owners;

 

Now therefore be it resolved that the services in the following subdivisions be assumed:

 

M.S.C. Investments Limited                                                                                    65M-2315

West Quarter Investments Ltd.                                                                               65M-2090

Sunny Park Developments Limited and Hillhurst Acres Limited                                65M-2348

Steeles-Jane Properties Inc.                                                                                    65M-2409

Slough Estates Canada Limited                                                                               65M-2438

Arrowdale Developments Limited                                                                           65M-2565

Cedarland Properties Limited                                                                                  65M-2635

Laburnham Investments Inc.                                                                                    65M-2930 and

                                                                                                                              65M-2931

Laburnham Investments Inc.                                                                                    65M-2999

Monarch Construction Limited                                                                                65M-2850 and

                                                                                                                              65M-2851

Denison Properties Corporation                                                                              65M-2901

664948 Ontario Ltd.                                                                                              65M-3199

502627 Ontario Limited, Whitehorn Investments Limited

Rivette Herzig and 434023 Ontario Limited                                                             65M-2316

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements;

 

And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.

CARRIED

 

 

2.         FINAL ASSUMPTION
            RESIDENTIAL PLANS OF SUBDIVISION (10.7)

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

Whereas by Memorandum dated January 31, 2005 the Director of Engineering advised that the two year guarantee period for registered Plans 65M-3101, 65M-3036, 65M-3038, 65M-3055 and 65R-22181 have expired and all securities have been returned to the owners;

 

Now therefore be it resolved that the services in the following subdivisions be assumed:

 

Laburnham Investments Inc.                                                                                    65M-3101

Cedar-Erin Developments Inc.                                                                                65M-3036

Invar Holdings Limited and Silverdale Developments Limited                                   65M-3038

Sixteenth Warden Limited                                                                                       65M-3055

Monarch Construction Limited (Greencroft Crescent)                                              65R-22181

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements;

 

And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.

CARRIED

 

 

3.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 2960 SIXTEENTH AVENUE
            DANIEL QUANTZ HOUSE
            OWNER: WOODBINE/CACHET WEST INC.
(16.11.3)    
Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the “Daniel Quantz House” at 2960 Sixteenth Avenue be approved for designation under Part IV of the Ontario Heritage Act;

 

And that the Clerk’s Department be authorized to:

-  publish and serve Council’s Notice of Intention to Designate as per the requirements

   of the Act; and

-  prepare the Designation By-law for the property.

CARRIED

 

 

4.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 14 ALEXANDER HUNTER PLACE
            PETER G. MUSTARD HOUSE
            OWNERS: GREG KNIGHT AND TARA COOKE
(16.11.3)     Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the “Peter G. Mustard House” at 14 Alexander Hunter Place be approved for designation under Part IV of the Ontario Heritage Act, as recommended by Heritage Markham;

 

And that the Clerk’s Department be authorized to:

-  publish and serve Council’s Notice of Intention to Designate as per the requirements of the

   Act; and

-  prepare the Designation By-law for the property.

CARRIED

 

 

5.         MCLAREN PARK -  REQUEST FOR RENAMING (6.3)  Report

 

Committee received correspondence from:

-         Patsy Bosomworth, RR # 2 Bradford, Ontario, dated March 21, 2005, in objection to the name change to “Simonston Park”, and with the Minutes of the Unionville Subcommittee meeting dated April 23, 2004, attached;

-         Chris Papahadzis, 106 Holsworthy Crescent, Thornhill, dated March 11, 2005, in support of honouring the McLarens.

 

Committee discussed the importance of recognizing the significant contributions of members of the community. The Committee thanked the families and the community for their cooperation, and hope that this matter can be resolved to everyone’s satisfaction.

 

Alan Myers, 19 German Mills Road, thanked the Committee for undertaking the survey, and he noted that 87% of the respondents want the name changed back to Simonston Park.

 

Paul Fink, President of the German Mills Rate Payer Association, thanked staff for their efforts in making the park a great place.

 

The Committee addressed Jamie Bosomworth, decendant of McLarens, who was in attendance, and advised that the proposed Plaques on the pathway will enable people to learn about the  McLarens and their contributions.

 

Moved by: Councillor E. Shapero

Seconded by: Councillor S. Daurio

 

That the correspondence from Patsy Bosomworth, in objection to the name change to “Simonston Park”, and from Chris Papahadzis, in support of honouring the McLarens, be received;

 

And that the report to Development Services Committee, dated March 22, 2005, and entitled “McLaren Park – Request for Renaming” be received;

 

And that “McLaren Park”, located at the corner of Simonston Blvd. and Don Mills Road in Thornhill, be renamed “Simonston Park” as requested by the majority of German Mills Community respondents who completed the McLaren Park Renaming Survey;

 

 

And that the pathway in Simonston Park be named the McLaren Pathway, to recognize the important contributions that the McLaren family have made to both the German Mills and Thornhill communities;

 

And that up to $50,000 be set aside to design, produce and mount 4 heritage interpretive signs along the pathway or at each entrance of the pathway, depicting the McLaren farmlands, history of the family and contributions to Thornhill and the Town of Markham;

 

And that consideration be given to name a new park or facility in Markham or Thornhill, after “Susannah McLaren” who fought and died in WW2;

 

And further, that permanent recognition be given to Jane McLaren for her contributions to Thornhill, as the first librarian of the Thornhill Village Library, as a local historian and local activist, by requesting that the Markham Library Board place a plaque in the Thornhill Village Library, or a cairn in the garden, or by naming a room after her;

 

And that staff work with the Thornhill Subcommittee, Ward Councillor, the McLaren family, and the community on the above.

CARRIED

 

 

 

6.         DELEGATION AUTHORITY UNDER YORK REGION’S
            NEW REGIONAL FOREST CONSERVATION BY-LAW
            (2.21, 13.4)  Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the report to Development Services Committee dated March 22, 2005 entitled “Delegation Authority under York Region’s New Regional Forest Conservation By-law” be received;

 

And that, pursuant to s.135 (10) of the Municipal Act, 2001, Council delegate its powers to pass a by-law regulating the destruction or injury of woodlands which are greater than 0.2 hectares and less than 1 hectare in size to the Region of York, and that the new Regional Forest Conservation By-law apply to woodlands that are greater than 0.2 hectares (0.5 acres) and less than 1 hectare (2.5 acres) in size within the Town of Markham;

 

And that Council enact the Delegation By-law.

CARRIED

 

 

 

 

 

7.         1421122 AND 1421121 ONTARIO LIMITED
            VOLVO/AUDI AUTOMOBILE DEALERSHIP
            4072, 4086 AND 4096 HIGHWAY #7 EAST
            SITE PLAN AND HOLD REMOVAL (SC 04 006103, ZA 02 114375)
            (10.5, 10.6)   
Report

 

David Matthews of Matthews Planning & Management Ltd.,  representing the applicant, 1421122 and 1421121 Ontario Limited, stated that he was in agreement with the staff report and recommendation. He noted that a tree inventory and preservation plan would not be necessary within the parking and building envelopes, and staff acknowledged that this issue can be dealt with by staff.

 

Moved by: Mayor D. Cousens

Seconded by: Councillor E. Shapero

 

That the staff report dated March 22, 2005, entitled “Recommendation Report – Volvo/Audi Automobile Dealership at 4072, 4086 and 4096 Highway #7 East, Site Plan Approval and Hold Removal Applications, 1421122 and 1421121 Ontario Limited”, be received;

 

And that the zoning application (ZA 02 114375) submitted by 1421122 and 1421121 Ontario Limited to remove the Hold (H) provision appended to the zoning on the portion of the lands known as 4096 Highway #7 East, be approved;

 

And that a by-law to remove the Hold (H) provision be enacted following execution of a site plan agreement;

 

And that the site plan application (SC 04 006103) to permit a vehicle sales establishment under one ownership, at 4072, 4086, and 4096 Highway #7 East, be approved subject to the following conditions:

 

  1. That prior to final approval of the site plan, the owner shall submit final drawings, including but not limited to, site plans and elevations drawings, landscape plans, and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

  1. That prior to execution of the site plan agreement, the owner shall provide to the Town an acoustical report prepared by a certified professional Acoustical Engineer.  A retainer fee of $1000.00 must be submitted to the Engineering Department immediately for the peer review process.  The owner further acknowledges that a peer review consultant shall review and confirm the recommendations of the report, and ensure that the final site plan reflects the recommendations of the report to the satisfaction of the Town. 

 

  1. That prior to final approval of the site plan, the owner shall provide the Town with a lighting plan to the satisfaction of the Town, ensuring lighting levels are directed or otherwise screened so as not to encroach upon adjacent properties;

 

 

  1. That prior to final approval the owner shall ensure satisfactory arrangements have been made to satisfy all obligations, financial or otherwise required in the site plan agreement, including provision for payment of all applicable fees, recoveries, cash-in-lieu of parkland, local services contributions and development charges; 

 

  1. That prior to final approval, the owner shall provide a tree preservation plan and final landscape plans showing buffering/landscaping at the rear of the property and along the proposed alignment of Lichfield Road as per criteria of the Town of Markham Urban Design Section and to the satisfaction to the Commissioner of Development Services;

 

  1. That the owner enter into a site plan agreement with the Town, containing all standard and special requirements of the Town, Region of York and other public agencies including access requirements on Highway #7 East, to the satisfaction of the Region of York Transportation and Works Department, prior to commencing any work on the site or road allowance, including providing any associated financial securities required by the Region;

 

7.      That the owner shall covenant and agree in the site plan agreement to provide a Letter of Credit and to enter into a front-ending agreement with the Town and other developers for the installation of the ultimate stormwater management facility and stormwater outlet;

 

8.      That the owner shall submit an analysis report for the on site sanitary holding tank to the satisfaction of the Director of Engineering, providing for but not limited to, timing of discharge, discharge rates, including an analysis of the downstream capacity of the existing sanitary sewers;

 

  1. That the owner acknowledges in the site plan agreement and that future redevelopment or intensification on these lands would require the owner to enter into a developer’s group agreement for the Secondary Plan PD 1-15 Area, and further acknowledges to abide by the developers' group agreement and to pay its proportionate share of any applicable costs to the satisfaction of the Trustee, including matters such as the following:

 

i)              Internal storm sewer facilities, sanitary sewers and watermains;

ii)             Internal roads, intersection improvements and signalization;

iii)           Lands for community facilities such as parks, school sites, church sites, bus loops, etc.;

iv)           Other infrastructure as approved by the Director of Engineering.

 

10. That the owner shall covenant and agree in the site plan agreement to enter into a separate servicing agreement for the external sanitary sewer and to pay its pro rata share of the extension of the storm sewer along Highway #7 East;

 

11. That the owner shall covenant and agree in the site plan agreement not to park any display vehicles on the landscaped areas, or within any sight triangles;

 

 

  1. That the owner shall covenant and agree to provide for a minimum of 15 customer parking spaces identified with appropriate signage at the front of the building, as identified on the site plan;

 

  1. That the owner shall covenant and agree in the site plan agreement to convey lands to the Town to accommodate the future extension of Lichfield Road, including a 0.3 metre reserve, free of costs and encumbrances upon execution of the site plan agreement. In the event that Council determines that the conveyed lands are not required by the Town as a result of the emerging pattern of development to the East, the Town may convey the lands back to the landowner at no cost;

 

  1. To provide a minimum of 1.2m clearance from any existing above ground utilities to the proposed driveway access, and pay for any required relocation of these utilities to ensure this requirement can be satisfied;

 

  1. That the owner shall covenant and agree in the site plan agreement to prohibit the use of audible and visual annoyances such as outdoor paging systems, car alarms, and to also prohibit promotional banners, flags, etc., so as not to negatively impact upon adjacent properties;

 

  1. That the owner shall covenant and agree in the site plan agreement not to obstruct, and not to permit the obstruction of, Highway #7 East for the purposes of the loading or unloading of vehicles, by requiring all delivery trucks to load or off-load on-site only, and not on public roads;

 

  1. That the owner acknowledges and agrees in the site plan agreement that the approved variance application only permits 2 automobile premises within 3 separate buildings, integrated under one ownership and to be merged and registered on title;

 

  1. And further that the site plan approval will lapse after a period of three years commencing March 22, 2005, in the event that a site plan agreement is not executed.

 

CARRIED

 

8.         MAIN STREET UNIONVILLE SOUTH STREETSCAPE PLAN (10.8)   Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the Development Services Commission Report dated March 22, 2005, entitled “Main Street Unionville South Streetscape Plan” be received;

 

And that the Main Street Unionville South Streetscape Plan (Level 2) be endorsed as the preferred streetscape design subject to an approved funding and implementation strategy based on the results of community input, and in consultation with the Engineering Department and Heritage Markham;

And that the Engineering Department be authorized to undertake the detailed streetscape design and costing as part of the preliminary engineering design work for the Main Street Unionville South EA, based on the “Level 2 Streetscape Enhancements” as described in this report;

 

And that the detailed streetscape design be funded under Engineering Department approved budget account nos. 083-5399-6124-005, 083-5399-5224-005 (total of $88,800) and from the Planning and Urban Department Design account no. 080-5399-6631-005 in the amount of $2,000;

 

And further that staff report back to Development Services Committee in the fall of 2005 to seek approval for the road reconstruction and streetscape enhancements with the understanding that the project will compete with other projects from across the Town under the 2006 capital budget process.

CARRIED

 

 

9.         MACEDONIAN REQUEST FOR COOPERATION AGREEMENT
            (10.16)     Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the report entitled “Macedonian Request For Cooperation Agreement” be received;

 

And that the Mayor be authorized to negotiate and sign an agreement of cooperation between the Town of Markham and the Municipality of Kisela Voda in the Republic of Macedonia;

 

And that the terms of the agreement be focused on fostering a spirit of fraternity and cooperation between Markham and Kisela Voda.

CARRIED

 

 

10.       YORK TECHNOLOGY ASSOCIATION SPONSORSHIP
            (10.16)     
Report

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor K. Usman

 

That the report entitled “York Technology Association Sponsorship” be received;

 

And that the Town renew its annual corporate sponsorship at a cost of $5,000 plus GST;

 

And that this expenditure be funded from within the Economic Development Business Development account #610-9985808.

CARRIED

 

 

11.       MARKHAM SMALL BUSINESS ENTERPRISE CENTRE
            BUSINESS PLAN (10.16)    Report

 

The Committee congratulated staff on their great work at the Small Business Centre.

 

Staff advised that due to the popular demand of the Centre, and the loss of the YMCA Business Centre, they are looking at opportunities for upgrading space and staffing. Staff also stated that at a recent meeting with the Deputy Minister, Markham’s Business Centre was identified as one of the best in the province, and that further assistance may be available.

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor A. Chiu

 

That the report entitled “Markham Small Business Enterprise Centre (MSBEC) Business Plan” be received and endorsed.

CARRIED

 

Public Meeting – to Council

 

 

12.       YORK REGION RAPID TRANSIT CORP., 2875 14TH AVENUE
            APPLICATION FOR TEMPORARY USE ZONING BY-LAW
            AMENDMENT TO PERMIT A TEMPORARY OPERATIONS
            AND MAINTENANCE FACILITY (ZA 05 006494) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed  Temporary Use Zoning By-law amendment application (File ZA 05 006494) submitted by York Region Rapid Transit Corporation for a temporary operations and maintenance facility at 2875 14th Avenue.

 

Committee was advised that 68 notices were mailed on March 2, 2005, and a Public Meeting sign was posted on February 28, 2005. Committee received one written submission from Robert Milne of Robert Barry Holdings Limited, 8300 Woodbine Avenue, Suite 500, Markham, stating concerns.

 

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

 

Moved by:  Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the written submission from Robert Milne of Robert Barry Holdings Limited, stating concerns regarding the proposed Zoning By-law amendment application (File ZA 05 006494) submitted by York Region Rapid Transit Corporation for 2875 14th Avenue, be received;

 

 

 

 

And that the Record of the Public Meeting held on March 22, 2005, with respect to “York Region Rapid Transit Corporation, Application for Temporary Use Zoning By-law Amendment to permit a temporary Operations and Maintenance Facility, 2875 14th Avenue”, be received;

 

And that the application to amend Zoning By-law 2284-68, as amended, be enacted without further notice.

CARRIED

 

 

----------------------------------------------------------------------------------------------------------------

Other matters considered by Development Services Committee on March 22, 2005:

 

 

 

 

13.       YORK REGION BUSINESS MISSION TO CHINA (10.0)

 

This item was postponed to a later date.

 

 

 

14.       MARKHAM CENTRE EAST PRECINCT PLAN (10.8)

 

Staff gave a brief update on the Markham Centre East Precinct Plan. Town consultants, Urban Strategies, have been retained to develop alternatives and prepare concept plans for the East Precinct, which includes the YMCA and Unionville GO Station. The description of the draft Precinct Plan included the centralized open space, existing woodlots, neighbourhood block, stormwater management locations, and pedestrian linkages. Density allocation is up to 2.5 fsi.

 

Staff will be meeting with individual landowners, and will report further to Development Services Committee regarding the recommended Precinct Plan and calling a Public Meeting.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor E. Shapero

 

That the staff presentation regarding the Markham Centre East Precinct Plan be received.

 

CARRIED

 

 

 

 

 

 

 

15.       TREE BY-LAW UPDATE (2.21)

 

Staff provided the background for the Tree By-law, advising that at the direction of Council, consultants had been retained in 2003 to develop a Tree Preservation By-law and report that would address tree protection on private property, and that would be consistent with York Region’s Tree By-law. The draft By-law is currently being reviewed by legal consultants, as well as the Markham Conservation Committee and Heritage Markham Committee.

 

York Region’s Forest Conservation By-law will protect woodlands in the Region that are 1.0 ha (2.5 acres) and larger in size. The Municipal Act allows lower tier municipalities to delegate authority to the Region to protect woodlands from 0.2 ha (0.5 acres). A staff report and recommendation will follow on this issue, later in today’s meeting.

 

Markham’s draft by-law proposes to protect trees 30 cm (12 inches) in diameter and greater in urban areas, similar to Toronto policies, and 15 cm (6 inches) within Heritage Districts, Heritage Conservation Districts, Study Areas, and Hamlets. There is an exemption for invasive species, and it was suggested that Poplar and Willow trees be included in this category. Staff reviewed the urban boundaries, and discussed possible exemptions, permit requirements, fees, penalties, and enforcement and appeal issues.

 

The next steps will be to enact the proposed delegation by-law to York Region, and to bring forward the finalized Markham Tree By-law to the Committee, to call a Public Meeting. A Town-wide tree inventory will have to be prepared, and a program will be developed and implemented to increase public awareness of this issue.

 

Committee discussed the effectiveness of Toronto’s tree preservation program, and whether greenbelt areas should be included. It was noted that enforcement must be available during extended hours to respond to weekend calls. It was also suggested that during construction in Heritage areas, the trees that will be preserved be roped off and posted as “protected”. Committee also requested reduced fees be available for tree maintenance done in the public interest, such as clearing obstructions from walkways.

 

Discussions included the need for education rather than more bureaucracy, as most residents take great pride and care in enhancing their landscaping. Concerns were expressed for the permit requirements, with respect to the required expert opinion, and for the liability to the Town if removal of a tree is denied. It was agreed that the objective is to protect larger parcels of undeveloped land, and that a two-phase approach may be more appropriate.

 

Staff was directed to provide information regarding a scoped approach at a further Part A session on or about late April, 2005.

 

Moved by: Councillor E. Shapero

Seconded by: Councillor J. Webster

 

That the staff update regarding the Tree By-law be received;

 

And that Markham’s draft Tree By-law be referred back to staff to work on a scoped approach, and that both options be presented at a further Part A session.

CARRIED

16.       UNIONVILLE MAIN STREET SOUTH
            STREETSCAPE PLAN (10.8)

 

Staff reviewed the Unionville Main Street South Streetscape Plan, an initiative arising from the proposal to reduce Main Street from 4 lanes to 2 lanes. A report will be presented later in today’s meeting, recommending endorsement of the streetscape design.

 

Eha Naylor of Envision, Landscape Architects, reviewed the study process for Phase 1 (Main Street South Streetscape Plan) and Phase 2 (Highway 7 Streetscape Plan), and discussed the context for the study, community input, design principles, preliminary options, and preferred streetscape layout.

 

Committee discussed costs and funding, including Development Charge options, 2006 capital budget considerations, and coordination with property owners.

 

Moved by: Councillor J. Webster

Seconded by: Councillor E. Shapero

 

That the consultant presentation by Town staff and Eha Naylor of Envision, Landscape Architects, regarding the Unionville Main Street South Streetscape Plan, be received.

 

CARRIED

 

17.       MARKHAM CENTRE STEERING COMMITTEE MINUTES
-
March 1, 2005 (16.19)     Minutes

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the minutes of the Markham Centre Steering Committee meeting held March 1, 2005, be received for information.

CARRIED

 

 

18.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF
FEBRUARY 5, 2005 TO FEBRUARY 18, 2005
(10.0)   
Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of  February 5, 2005 to February 18, 2005” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

 

 

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

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

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 March 22, 2005.

CARRIED

 

 

20.       BETHANY LODGE, 23 SECOND STREET SOUTH
            ZONING AMENDMENT TO PERMIT RECONSTRUCTION
            OF THE LONG-TERM CARE FACILITY (ZA 05 007178)(10.5)  Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That a Public Meeting be held to consider the zoning amendment application submitted by Bethany Lodge at 23 Second Street South to permit the reconstruction of the long-term care facility.

CARRIED

 

 

21.       MARKHAM SUITES HOTEL LTD. (HILTON SUITES HOTEL)
            8500 WARDEN AVENUE,
AT WARDEN AVENUE
            ZONING BY-LAW AND PARKING BY-LAW AMENDMENTS
            (ZA 05 005737) (10.5, 2.17)   
Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the preliminary report on the application submitted by Markham Suites Hotel Ltd. (Hilton Suites Hotel) at the southwest corner of Highway #7 and Warden Avenue to permit a paid parking programme be received and a Public Meeting be held to consider the proposed amendment to the Parking By-law;

 

And that the expanded notice requirements for Markham Centre applications not be applied in this instance.

CARRIED

 

 

 

 

22.       BRUCE N. HUNTLEY CONTRACTING
            NORTH AND SOUTH SIDES OF
ANDERSON AVENUE,
            EAST
SIDE OF HIGHWAY 48
            ZONING BY-LAW AMENDMENT (ZA 05 006325) (10.5)     
Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That Staff be authorized to schedule a Public Meeting to consider zoning amendment application ZA 05-006325 submitted by Bruce N. Huntley Contracting for the rezoning of land north and south of Anderson Avenue on the east side of Highway 48, from Select Industrial and Warehousing (M.I.) to Major Commercial Area, when the final reports for the Highway 48 Urban Design Study and Retail Impact Study have been received and endorsed by Council.

 

CARRIED

 

23.       STORAGENOW HOLDINGS INC., 605 ALDEN ROAD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            AND SITE PLAN APPROVAL TO PERMIT A COMMERCIAL
            SELF STORAGE WAREHOUSE (OP 05 009083, ZA 05 009089, SC 05 009090)
            (10.3, 10.5, 10.6)    
Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That a Public Meeting be held to consider the applications submitted by StorageNow Holdings Inc. for Official Plan (OP 05 009083) and Zoning By-law (ZA 05 009089) amendments to permit a commercial self-storage warehouse in an existing building at 605 Alden Road.

CARRIED

 

 

24.       FAIRTREE DRIVING RANGE, EAST SIDE OF
            KENNEDY ROAD, NORTH OF MAJOR MACKENZIE DRIVE
            ZONING BY-LAW AMENDMENT TO PERMIT A GOLF
            DRIVING RANGE AS A TEMPORARY USE (ZA 04 012862)
            (10.5)     
Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That a Public Meeting be held to consider the application submitted by Fairtree Driving Range for a Zoning By-law Amendment to permit a golf driving range as a temporary use on lands located on the east side of Kennedy Road, north of Major Mackenzie Drive.

CARRIED

 

 

25.       MILLER PAVING LIMITED, 7781 WOODBINE AVENUE
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            TO PERMIT A MAJOR SHOPPING CENTRE
            (OP 04 017217, ZA 04 017225)
(10.3, 10.5)   Report

 

Staff gave an explanation for the recommendation to deny the Official Plan and Zoning By-law amendment applications by Miller Paving Limited, and discussed the  short supply of industrial land available.

 

Leo McArthur, applicant, and Jim Kirk of Malone Given Parsons Ltd. and Brent Clarkson of MHBC Planning, also representing the applicant, Miller Paving Limited, were in attendance. They presented a site plan and discussed the proposed state-of-the-art waste transfer facility, their work with the Commercial Policy Review Subcommittee, and the comments in the staff report. They urged rejection of the staff recommendation to deny the application.

 

Committee discussed the work of the Commercial Policy Review Committee, and the importance of preserving employment lands. The consistent nature of staff’s recommendations with other Council decisions was noted. 

 

Committee debated whether the subject site was the appropriate location for the proposed use. The site is important as an integral part of Markham’s industrial base. Issues included the life span of retail uses, and the definition of high-tech and knowledge-based industries.

 

It was acknowledged that the applicant is a good corporate citizen, and it was suggested that a compromise may be reached for an appropriate commercial-industrial mix, particularly for cleaner industrial uses. Staff was directed to work with the applicant to try to reach a compromise, and to provide a progress report in approximately six weeks.

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor J. Jones

 

That the deputations by Leo McArthur, applicant, and Jim Kirk of Malone Given Parsons Ltd. and Brent Clarkson of MHBC Planning, also representing the applicant, Miller Paving Limited, in support of the Official Plan and Zoning By-law amendment applications (OP 04 017217, ZA 04 017225) to permit a major shopping centre at 7781 Woodbine Avenue, be received;

 

And that the applications by Miller Paving Limited be referred back to staff to work with the applicant to try to determine an appropriate mix of commercial and clean industrial uses for the property at 7781 Woodbine Avenue.

  CARRIED

 

 

 

26.       OFFICIAL PLAN AMENDMENT TO REDESIGNATE
            THE PROPOSED ARMADALE WEST INDUSTRIAL AREA
            (OP 01 102884( (10.3)   
Report

 

The Commissoner of Development Services and the Committee expressed appreciation to staff for their work on this difficult issue and for reaching a compromise with the community. The Ward Councillor was also congratulated.

 

An amendment was made to refer traffic calming measures to staff, in consultation with the Traffic Safety Committee.

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the report entitled “Official Plan Amendment to redesignate the Proposed Armadale West Industrial Area” dated 2005-March-22, be received;

 

And that Council thank the Residents Working Group for their hard work and commitment;

 

And that the revised draft Official Plan Amendment be considered at the Public Meeting scheduled for 2005-April-5;

 

And that the requests by the Residents’ Working Group for traffic calming measures in the residential neighbourhood south of 14th Avenue be referred to staff, in consultation with the Traffic Safety Committee for consideration;

 

And further that Engineering staff continue to monitor traffic in the residential neighbourhood bounded by Highglen Avenue, McCowan Road, 14th Avenue, and Middlefield Road with respect to speeding and signal warrants and report back to Council as necessary.

CARRIED

 

 

 

27.       CITY OF VAUGHAN, COUNCIL RESOLUTION
            REGARDING BILL 135 – THE GREENBELT ACT (13.5.2)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence from the City of Vaughan, dated February 14, 2005, advising of Vaughan Council’s resolution (Item 43, Report No. 7) on February 14, 2005 regarding Bill 135- the Greenbelt Act, be received.

CARRIED

 

 

 

28.       C. A. SEXTON, WITH COMMENTS REGARDING THE
            PROPOSAL BY
1547155 ONTARIO LTD. FOR 7751 YONGE STREET
            (10.3, 10.5)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence from C.A. Sexton, dated February 21, 2005, with concerns regarding the condominium development proposal by 1547155 Ontario Ltd. for 7751 Yonge Street (OP 05 005462, ZA 05 005465), be received.

CARRIED

 

 

29.       YORK REGION, COMMUNITY SERVICES AND HOUSING,
            AND PLANNING AND DEVELOPMENT SERVICES (13.4)

           

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence dated February 24, 2005, and the final reports entitled “Housing and Our Economy”; Employers Opinion Survey 2004”; and “Low Income Profile” provided by the Community Services and Housing, and Planning and Development Services Departments of York Region, be received.

CARRIED

 

 

30.       REGION OF YORK, EXTRACT FROM THE
            TRANSPORTATION AND WORKS COMMITTEE
            RE: YORK-PEEL WATER SUPPLY PROJECT UPDATE (5.3, 13.4)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the extract from York Region Transportation and Works Committee meeting dated March 2, 2005, regarding the York-Peel water supply project update (project 77300) be received.

 

CARRIED

 

 

31.       PETER A. RUSSELL, KLM PLANNING PARTNERS INC.
            RE: WOODBINE CACHET WEST INC., OFFICIAL PLAN 
            AND ZONING BY-LAW AMENDMENTS (10.5)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence dated March 8, 2005, from Peter A. Russell of KLM Planning Partners Inc., representing Woodbine Cachet West Inc., requesting the Town defer consideration of the proposed Official Plan and Zoning By-law amendments for commercial and retail development (OP 03 119016, ZA 03 119029) at Woodbine Avenue and 16th Avenue, to allow the applicant to revise the application, be received.

CARRIED

 

 

32.       MILNE PARK CONSERVATION ASSOCIATION
            RE: SKY HOMES CORPORATION (FORMERLY CASTER DEV.)
            8232 AND 8176 MCCOWAN ROAD (10.5, 10.7)

 

Staff was directed to respond to the Milne Park Conservation Association, with an explanation regarding cash-in-lieu of parkland policies.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence from Milne Park Conservation Association, dated March 12, 2005, regarding the proposal by Sky Homes Corporation (Formerly Caster Developments) at 8232 and 8176 McCowan Road, for zoning by-law amendment and draft plan of subdivision (ZA 04 009915, SU 04 009913) be received.

CARRIED

 

 

33.       JIM KIRK OF MALONE GIVEN PARSONS LTD., AND
            BRENT CLARKSON OF MHBC PLANNING
            REGARDING MILLER PAVING LTD.
7781 WOODBINE AVE (10.3, 10.5)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence dated March 7, 2005, from Jim Kirk of Malone Given Parsons Ltd. and Brent Clarkson of MHBC Planning, with comments regarding the Commercial Policy Review with respect to the application by Miller Paving Limited at 7781 Woodbine Avenue for Major Commercial use (OP 04 017217, ZA 04 017225), be received.

CARRIED

 

 

 

 

 

 

 

 

 

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IN CAMERA

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

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

CARRIED

 

34.       LEGAL MATTER (10.3)

 

Moved by: Councillor E. Shapero

Seconded by: Councillor J. Virgilio

 

That the Committee rise from in-camera at 3:00 p.m. and report out at Committee of the Whole on March 29, 2005.

CARRIED

 

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PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

Chair:  Councillor G. McKelvey

Members:

               Mayor D. Cousens

               Regional Councillor J. Jones

               Regional Councillor B. O’Donnell

               Councillor S. Daurio

               Councillor E. Shapero

               Councillor J. Virgilio

               Councillor J. Webster

               Councillor K. Usman

               Councillor A. Chiu

 

Regrets:   Deputy Mayor  F. Scarpitti

               Regional Councillor J. Heath

                Councillor D. Horchik

V. Shuttleworth, Director of Planning and Urban Design

B. Karumanchery, Senior Project Coordinator

T. Kanji, Senior Planner

N. Surti, Planner

T. Williams, Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 7:00 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair. 

 

 

35.       HOME SPORT PROPERTIES LTD., 6805 14TH AVENUE
            ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION
            FOR 42 SINGLE DETACHED UNITS AND 14 PART LOTS (19TM-040015)
            BOX GROVE COMMUNITY (SU 04 028186 & ZA 04 028190)
(10.5, 10.7)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Zoning By-law amendment and Draft Plan of Subdivision applications (Files SU 04 028186, ZA 04 028190) submitted by Home Sport Properties Ltd., for 6805 14th Avenue, in the Box Grove Community.

 

Committee was advised that 53 notices were mailed on March 2, 2005, and a Public Meeting sign was posted on February 18, 2005. Committee received one written submission from Tom Farrar,  7822 Ninth Line, of the Box Grove Community Association, with concerns regarding drainage.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues. 

 

Committee suggested attention be given to the appropriate interface between the existing tennis courts and the proposed residences, with respect to illumination and noise impacts. Staff agreed that providing warning clauses for purchasers could be a condition of approval.

 

Committee discussed correspondence from Tom Farrar and his concern for the swampy condition of land. Mitigation measures will be addressed in the final report.

 

Grant Fedorak, 6805 14th Avenue, has property at the north east corner of the subject site. He advised that he has discussed his concerns regarding provision of services with the applicant, and he has no objection to the proposal being approved.

 

Moved by:  Regional Councillor B. O’Donnell

Seconded by: Councillor J. Webster

 

That the written submission from Tom Farrar of the Box Grove Community Association, with concerns the proposed Zoning By-law amendment and Draft Plan of Subdivision applications (Files SU 04 028186, ZA 04 028190) submitted by Home Sport Properties Ltd., for 6805 14th Avenue, in the Box Grove Community, be received;

 

And that the deputation by Grant Fedorak, with comments regarding the proposed Zoning By-law amendment and Draft Plan of Subdivision applications (Files SU 04 028186, ZA 04 028190) submitted by Home Sport Properties Ltd., for 6805 14th Avenue, in the Box Grove Community, be received;

 

And that the Development Services Commission Report dated January 25, 2005 entitled “Home Sport Properties Ltd., Zoning by-law amendment and subdivision application to permit a draft plan of subdivision containing 42 single detached residential units and 14 part lots (19TM-040015) at 6805 14th Avenue, within the Box Grove Community, Files SU 04 028186, ZA 04 028190” be received;

 

And that the Record of the Public Meeting of March 22, 2005, with respect to the applications for subdivision approval and zoning by-law amendment submitted by Home Sport Properties Ltd., be received;

 

And further that the applications be referred back to staff for a report and recommendation when servicing for the proposed plan of subdivision (19TM-040015) has been confirmed by the Region of York and the Town of Markham.

CARRIED

 

 

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

Councillor J. Virgilio disclosed an interest with respect to the proposed development by Rodeo Fine Homes, 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.

The Chair advised that the subject of the Public Meeting this date was to consider the proposed  Zoning By-law amendment application (File ZA 04 024598) submitted by Rodeo Fine Homes to permit 3 single detached dwellings at 378 John Street.

Committee was advised that 61 notices were mailed on March 2, 2005, and a Public Meeting sign was posted on March 2, 2005. Committee received one written submission from Larry Fischer of Goldman, Spring, Kichler & Sanders, representing Bairnbriar Holdings Inc., with comments regarding cost recovery agreements for the adjoining property.

 

Staff gave a presentation regarding the proposal, the location and surrounding uses. Outstanding issues are: design issues regarding elevations; cost recovery with developer of adjacent lands; and, water and sewer allocations. It was clarified that the original application had been for four lots, but it has been revised to three lots.

 

Maria Gatzios of Bousfields Inc., representing the applicant, Rodeo Fine homes, displayed elevations and floor plans and gave a brief presentation on the proposal.

 

David Kwan, 10 McKelvey Drive, stated that his property is directly east of the subject property. He advised that he had not received notice of the Public Meeting, and he requested an opportunity to view the details of the proposed plan. Staff advised that this meeting is for rezoning to permit the severance of the property, and that details will be dealt with at a further stage of the process. Staff  are available to meet with Mr. Kwan to review details of the plan. Mr. Kwan also noted concern for the preservation of the mature trees on the property, and staff advised that a condition of the severance may require a tree inventory and preservation plan.

 

The Ward Councillor expressed concern for the provision of Notice for this meeting, and offered to facilitate a further meeting with the residents, to review issues that will ensure the proposal will fit in with the community.

 

Ike Atteslander, 50 Lambert Road, representing the adjacent property developer, referred to correspondence received from Larry Fischer regarding cost recovery issues. Staff advised that they are aware of the concern and are working towards resolution.

 

Moved by: Councillor E. Shapero

Seconded by: Regional Councillor B. O’Donnell

 

That the written submission from Larry Fischer of Goldman, Spring, Kichler & Sanders, representing Bairnbriar Holdings Inc., with cost recovery comments regarding the proposed Zoning By-law amendment application (File ZA 04 024598) submitted by Rodeo Fine Homes for 378 John Street, be received;

 

And that the deputations by Maria Gatzios of Bousfields Inc., representing the applicant, and by David Kwan, and Ike Atteslander, with concerns  regarding the proposed Zoning By-law amendment application (File ZA 04 024598) submitted by Rodeo Fine Homes for 378 John Street, be received;

 

And that the report from the Development Services Commission dated November 9, 2005, entitled “Preliminary Report Rodeo Fine Homes: Application for Zoning By-law Amendment to permit the construction of 4 new single detached dwellings” be received;

 

And that the Record of the Public Meeting held on March 22, 2005, with respect to the proposed amendment to By-law 151-75, as amended, be received;

 

And that the application by Rodeo Fine Homes to amend By-law 151-75, as amended, be referred back to staff for a report and recommendation.

CARRIED

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of  7:30 p.m.

 

 

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