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                                                                                                                           M I N U T E S

 

DEVELOPMENT SERVICES COMMITTEE

2001-05-15

Meeting No. 10

 

PART A

 

Attendance

 

Chair:                  Councillor G. McKelvey

Vice Chair, Community Character:

                           Regional Councillor T. Wong

Vice Chair, Markham Centre:

                           Councillor D. Horchik

Vice Chair, Economic Development:

                           Regional Councillor B. O'Donnell

Members:            Mayor D. Cousens

                           Regional Councillor G. Landon

                           Councillor S. Daurio

                           Councillor J. Heath

                           Councillor K. Usman

 

J. Livey, Chief Administrative Officer

M.F. Turner, Commissioner of Development

   Services

J. Baird, Director of Planning

A. Brown, Director of Engineering

S. Chait, Director of Corporate Quality and

    Effectiveness

A. Mukherjee, Senior Transportation Engineer

L. Irvine, Manager, Urban Design

D. Clark, Town Architect

L. Duoba, Project Co-ordinator

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 11:15 a.m. in the Canada Room with Councillor G. McKelvey in the Chair.

 

            DISCLOSURE OF INTEREST - none declared

 

 

1.         SKATEBOARD PARK TERMS OF REFERENCE
            FILE: 10.0

 

Linda Irvine, Manager, Urban Design, presented a memo dated May 15, 2001, regarding terms of reference for a skateboard park, and requested that any comments be provided to her within one week.

 

 

2.         MARKHAM CENTRE TOUR, COUNCIL AND STAFF DISCUSSION
            FILE: 10.0

 

Arup Makherjee, Senior Transportation Engineer, and David Clark, Town Architect, presented a video of light rail transit systems from Baltimore and Dallas. Discussions focused on integration with streetscape and the long-range vision required to develop residential/retail/employment communities that are best serviced by transit.

 

 

3.         MARKHAM CENTRE, TENSTONE PRECINCT PLAN, FILE: 10.8.1

 

Lilli Duoba, Project Co-ordinator, gave a brief background of the proposal , located between Highway 7 and Cox Boulevard, and Roddick Road and Town Centre Boulevard.

 

Jeff Greyhurst, President of Tenstone, Terry Comeau of HOK Canada, Joanne Barnett and Rob Marshall, were in attendance to explain the proposal for 2 high density towers, townhouses and a retail plaza. They considered the mix of residential and employment uses to be at the leading edge of visionary communities, with commercial and retail uses fronting along Highway 7, and  parking facilities located underground. The proposed 18-storey heights of  two residential condominium towers, phasing, and preservation of vegetation were discussed.

 

The applicants requested the statutory Public Meeting be held prior to the summer break.

The Committee requested the applicant provide elevation drawings to compare the proposed tower heights to the Embassy Suites structure and that staff review a linkage agreement to tie the residential development with the commercial.

 

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The Development Services Committee recessed at 1:00 p.m. and re-convened at the hour of

1:15 p.m. in the Council Chambers.

 

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PART B

 

Attendance

 

Chair:                  Councillor G. McKelvey

Vice Chair, Community Character:

                           Regional Councillor T. Wong

Vice Chair, Markham Centre:

                           Councillor D. Horchik

Vice Chair, Economic Development:

                           Regional Councillor B. O'Donnell

Members:            Mayor D. Cousens

                           Regional Councillor G. Landon

                           Councillor S. Daurio

                           Councillor K. Usman

                           Councillor A. Chiu

 

J. Livey, Chief Administrative Officer

M.F. Turner, Commissioner of Development

   Services

A. Taylor, Commissioner of Corporate Services

R. Robinson, Town Solicitor

J. Baird, Director of Planning

P. Wealleans, Director of Taxation

T. Lambe, Manager, Policy Planning

B. Karumanchery, Project Co-ordinator

S. Heaslip. Project Co-ordinator

E. Valente, Zoning Supervisor

S. Wiles, Planner

T. Kanji, Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 1:15 p.m. in the Council Chambers with Councillor G. McKelvey in the Chair.

 

 

            DISCLOSURE OF INTEREST  - none declared

 

            REQUESTS FOR IDENTIFICATION OF DEPUTATIONS

            REGARDING MATTERS ON THIS AGENDA

 

 

4.         TELUS CELL TOWER, FILE: 10.0

 

James Kennedy of Telus, was in attendance with respect to construction of a cell tower in the shape of a flag pole on Angus Glen property north of Major Mackenzie Dr., east of Kennedy Rd.

Mr. Kennedy advised the tower would be a maximum of 35 metres high, and will be required for a four-year period. Staff advised the proposal is subject to draft interim telecommunications policies for cell towers. It is not necessary to specify a time limitation, but the tower should be removed once it is no longer in use. The Committee requested that the  applicant be required to consult with other carriers regarding this proposal as a condition of approval.

 

RECOMMENDATION:

 

That staff be authorized to approve the application submitted by Telus, for a telecommunications tower on the property of Angus Glen, north of Major Mackenzie Dr., east of Kennedy Rd.

 

5.         MARKHAM TRAILS LIMITED PARTNERSHIP
            LOTS 114 TO 135, DRAFT PLAN 19T-95073, BERCZY VILLAGE
            ZONING BY-LAW AMENDMENT TO MODIFY STANDARDS FOR
            PRIVATE GARAGES (ZA.00-246387), FILE: 10.5

 

Gabriel DiMartino, agent for the applicant, was in attendance. He requested the Committee reconsider the staff recommendation to deny private garages attached to the side of the main dwelling. He explained the difficulty in marketing the dwellings as currently approved. Staff reviewed that several amendments have been made to the original proposal.

 

The Committee directed staff to provide a report regarding the previous approval for this development, with respect to the inadvertent inclusion of pairs of driveways, and how such inadvertent approvals can be avoided in the future.

 

RECOMMENDATION:

 

That a Public Meeting be held to consider the zoning application (ZA.00-246387) by Markham Trails Limited Partnership, Lots 114 to 135, Draft Plan 19T-95073, Berczy Village, to modify standards for private garages attached to the rear of the main dwelling;

 

And that the zoning amendment application be denied with respect to zoning revisions requested to permit private garages attached to the side of the main dwelling.

 

 

6.         ACCEPTANCE FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS REGISTERED PLAN NUMBERS:
65M-3242 (MATTAMY, AT 16TH AVENUE AND MCCOWAN ROAD) AND
65M-3168 (MCGREGOR DEVELOPMENTS, AT 16TH AVENUE AND STONEBRIDGE), FILE: 10.7

 

That the services in Subdivisions, Registered Plan Numbers 65M-3242 and 65M-3168 be accepted;

 

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivision as a public highway of the Town of Markham;

 

And that the Community Services Commission assume the responsibility for operating and maintaining the infrastructure within the Subdivisions as part of the Town's system;

 

And that acceptance of the Subdivisions be taken into consideration in future operating budgets;

 

And that the by-law to amend Schedule '12' of Traffic By-law # 106-71, by including compulsory stop to the indicated streets be approved;

 

 

And that the by-law to amend Schedule 'A' of the Traffic By-law # 105-71, by including a maximum speed of 40 kilometers per hour to the streets indicated be approved;

 

And that the by-law to amend Schedule "1" of the Parking By-law # 336-88, by including a no parking zone on the streets indicated be approved;

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed.

 

 

7.         HOOP REALTY, 3760 & 3762 14TH AVENUE
            REZONING APPLICATION TO PERMIT A RESTAURANT (ZA.00-239339)
            FILE: 10.5

 

Mr. David Rubin, Solicitor with Pallett Valo, representing Hoop Realty Inc., was in attendance. The Committee received correspondence from Mr. Rubin, dated May 15, 2001, and noted that the Town Solicitor had reviewed correspondence received from an objector.

 

RECOMMENDATION:

 

That rezoning application (ZA 00-239339) to amend By-law 108-81, as amended, submitted by Hoop Realty to permit a restaurant at 3760 and 3762 14th Avenue, be approved and the amending Zoning By-law be enacted after the site plan agreement with the Town has been amended to include the following:

 

1.         Provision for the property owner to direct employees to park underground so as to free up more surface parking for visitors at 3760 and 3762 14th Avenue, to the satisfaction of the Town;

 

2.         Provisions requiring the owner of 3760 and 3762 14th Avenue to implement, to the satisfaction of the Town in consultation with the Owner of the adjacent property to the east, appropriate measures to ensure that the 33 surface parking spaces reserved for use by the adjacent property (3780 14th Avenue) are available for use by the employees of that property if required; and

 

3.         Provision requiring internal garbage storage for the proposed restaurant.

 

 

8.         DOWN UNDER, 5221 HWY. # 7
            APPLICATION FOR WALL SIGN VARIANCE (01-101932), FILE: 2.16.2

 

Staff reviewed that it has been the Town's practice since 1994 to require sign variance applicants to provide an undertaking from the property owner that restricts the use of mobile signs. Staff advised that the owners of the property for this application have indicated they are not willing to sign the required undertaking.

RECOMMENDATION:

 

That the application file number 01-101932 submitted by Down Under for wall sign variances for 5221 Highway 7 to permit an increase in maximum sign area to 9.65 m2 and to permit a second sign be approved, subject to the owner providing a signed Sign Variance Undertaking.

 

 

9.         PLACES OF WORSHIP STUDY, TERMS OF REFERENCE (M1 441)
            FILE: 10.8

 

Staff reviewed the issues to be included in the Places of Worship study, such as a clear criteria for appropriate locations.

 

Councillor Chiu requested the study include a review of the Place of Worship located at 63 Harvest Moon Drive, with respect to traffic issues.

 

Claudio Brutto, 668 Ruperts Gate, Vaughan, L4K 3V2, and Al Hussain Jr., were in attendance representing the Al Hussain Foundation. They advised the Foundation had submitted applications and extensive studies earlier in the year to permit a mosque on their property at 10992 Kennedy Road, and requested their application be exempted from the study to avoid unnecessary delays. Mr. Brutto and Mr. Hussain were agreeable to the Committee's direction that the study fast-track the Foundation's application.

 

RECOMMENDATION:

 

That the Terms of Reference for hiring a consultant to undertake the Places of Worship study be endorsed;

 

And that staff be authorized to invite consultant proposals and to receive proposals from any other interested consultants, to oversee consultant selection including conducting interviews of candidates, and report back to Development Services Committee at its meeting on July 9, 2001 regarding the recommended consultant selection, the final study budget and schedule;

 

And further that any members of the Development Services Committee wishing to participate in the interview process contact the Director of Planning to obtain the schedule for the interviews, once established.

 

And further that the first priority of the Study be to review the applications for Official Plan amendment and rezoning submitted by the Al Hussain Foundation to permit a mosque at 10992 Kennedy Road, and that the applications be considered by Development Services Committee no later than October, 2001.

 

 

10.       RECENT FEDERAL ANNOUNCEMENT PERTAINING TO
            THE PROPOSED PICKERING AIRPORT SITE, FILE: 13.5.2

 

That the Minister of Transport and the Greater Toronto Airports Authority be requested to include the Town of Markham in future discussions regarding the Federal lands in Markham comprising part of the proposed Pickering Airport Site, including any matters relating to the Oak Ridges Moraine, the Rouge Park, planning for an airport or the sale, transfer or other disposition of the lands.

 

 

11.       ANGUS GLEN GOLF 2000 LIMITED
            SITE PLAN AGREEMENTS FOR GOLF COURSE EXPANSION
            AND CLUB HOUSE ADDITION, FILE: 10.6

 

That the request by Angus Glen Golf 2000 Ltd. to execute two separate Site Plan agreements; one for the golf course expansion and one for the clubhouse addition, be approved;

 

And that the Chair, Ward Councillor, and Commissioner of Development Services negotiate with the applicant to finalize a commitment from  Angus Glen, prior to the May 22, 2001 Council meeting, to determine a location for the public pathway;

 

And that the applicant provide the Town with a letter of undertaking outlining a commitment to provide a public pathway system prior to the May 22, 2001 Council meeting to the satisfaction of the Commissioner of Development Services;

 

And that the applicant finalize and submit a detailed location for the public pathway system to the satisfaction of the Commissioner of Development Services by September 4, 2001.

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*          Amended by Council at its meeting held May 22, 2001 be deferred, as follows:

 

"That the matter be deferred and referred to Mayor Cousens, Councillors Horchik and McKelvey and staff to continue negotiations with Angus Glen within the next 24 hours regarding conditions for the site plan agreement with Angus Glen for the clubhouse, golf course expansion  and pathway system;

 

And that a telephone poll be taken of all Members of Council before finalization of the conditions of site plan agreement;

 

And further that if the negotiating committee fails to reach an agreement with Angus Glen, the matter be referred to the Council meeting to be held on June 12, 2001."

 

                                                                                                                                                          

 

 

 

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12.       PRESENTATION OF SERVICE AWARDS, FILE: 12.2.6

 

The following employees were acknowledged, and presented with service awards:

 

Robert Cinq-Mars, Survey Crew Leader, Technical Services - 25 years

Eric Wyatt, Handyperson, Corporate Assets - 25 years

William Wiles, Manager, Business Operations, Administration & Customer Service - 20 years

 

 

 

13.       GROWTH MANAGEMENT AND SMART GROWTH IN YORK REGION
            FILE 10.0

 

Mary-Frances Turner, Commissioner of Development Services, and Brian Tuckey, Commissioner of Development Services for York Region, made a presentation regarding growth management. Healthy communities, economic vitality, and sustainable natural features are the three themes that form the basis for York Region's growth management approach.

 

RECOMMENDATION:

 

That the presentation by Mary-Frances Turner, Commissioner of Development Services, and Brian Tuckey, Commissioner of Development Services for York Region, regarding growth management, be received.

 

 

14.       ASPEN RIDGE HOMES AND LAW DEVELOPMENTS
            PROPOSED TOWNHOUSES FOR BUR OAK AVENUE, CORNELL
            FILE: 10.0

 

Staff gave a brief overview of the proposed amendments. On the west side of Bur Oak Drive, an alternate product is proposed from the approved stacked townhouses, due to difficulties in complying with the Fire Code. On the east side of Bur Oak Drive, Law Developments is applying for an extension of the Plan of Subdivision to include the last section of this development, and to permit a 13-foot wide commercial and residential mixed-use building.

The Ward Councillor will be hosting a community meeting in the near future. 

 

Fred De Gasperis Jr. and  John Beresford, Architect, representing Aspen Ridge Homes, and Larry Law representing Law Developments, were in attendance  to request the statutory Public Meeting be held by the end of June, 2001. They displayed elevations and site plans. Discussions included facades, end unit coach-house proposals, snow storage, driveway separation distances, green spaces, parking, and continuity of the streetscape.

 

RECOMMENDATION:

 

That a Public Meeting be scheduled to consider applications for a zoning by-law amendment and Plan of Subdivision, Files SU.01-107675 and ZA.01-107649, submitted by Law Development, to permit 204 townhouses at Bur Oak Avenue, in Cornell.

 

 

15.       INVESTOR DEVELOPMENT WORK PROGRAM UPDATE
            FILE: 10.16

 

That the report from the Development Services Commission dated May 15, 2001, entitled "Investor Development Work Program Update", be received for information.

 

16.       REAL ESTATE BROKER VISITATION PROGRAM
            FILE 10.16

 

That the report from the Development Services Commission dated May 15, 2001, entitled "Real Estate Broker Visitation Program", be received for information.

 

 

17.       UNIONVILLE SUBCOMMITTEE MINUTES, APRIL 24, 2001
            TRAKS COMMUNICATION, 65 UNIONVILLE GATE
            FILE: 10.5

 

That the following recommendation of the Unionville Subcommittee at it meeting held on April 24, 2001, be endorsed:

 

"That the application for zoning by-law amendment to permit two automobile dealerships

(ZA.00-229285) submitted by Traks Communication, 65 Unionville Gate, be referred to staff for a full report;

 

And that staff work with the applicant regarding deleting automobile dealership as a permitted use on the applicant's Honda dealership site on Highway 7, Markham."

 

 

18.       JOHN GIBSON AND DIANE MASON, 6090 HIGHWAY 7
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT
            BUSINESS AND PROFESSIONAL OFFICES (OP.00-245788, ZA.00-245807)
            FILES: 10.3, 10.5

 

That a Public Meeting be scheduled to consider Official Plan Amendment application OP.00-245788 and Zoning By-law amendment application ZA.00-245807 submitted by John Gibson and Diane Mason to permit business and professional offices at 6090 Highway 7.

 

 

19.       MARKHAM TRAILS LIMITED PARTNERSHIP,
REGAL CRAFT HOMES, LOTS 69, 73, 86, 90, 103, 107, AND 163,
DRAFT PLAN 19T-95073, BERCZY VILLAGE
ZONING BY-LAW AMENDMENT FOR GARAGE WIDTH (ZA.01-101309)
FILE: 10.5

 

That a Public Meeting be held to consider the zoning application (ZA.01-101309), by Markham Trails Limited Partnership, Regal Craft Homes, Lots 69, 73, 86, 90, 103, 107, and 163, Draft Plan 19T-95073, Berczy Village, to permit a maximum garage width of 6.1 metres for a lot with a frontage of less than 11.6 metres for flankage lots.

 

 

 

20.       AL HUSSAIN FOUNDATION, 10992 KENNEDY ROAD
APPLICATION FOR OFFICIAL PLAN AMENDMENT AND REZONING TO PERMIT A MOSQUE, FILES: 10.3, 10.5

 

That staff be authorized to schedule a Public Meeting in the fall of 2001, to consider applications for Official Plan amendment and rezoning, submitted by the Al Hussain Foundation for a Mosque at 10992 Kennedy Road

 

 

21.       FISCAL/ASSESSMENT ANALYSIS
            BUILD OUT OF URBAN LANDS IN MARKHAM
            FILES: 7.0, 10.0

 

Councillor Horchik requested clarification in four areas of the report, as follows:

 

1)      Page 93 of Agenda: Review whether business sector subsidizes residential sector as tax revenue from residential sector on an acreage basis in the OPA 5 lands is higher than the tax revenue from an acre of commercial land based on the average commercial assessment set out in this report.

 

2)      Page 97 of Agenda: Provide a breakdown of the 579 hectares between the different employment land designations to see if an assessment can be more accurate than the split of 83 % commercial to 17% industrial.

 

3)      Page 97 of Agenda: Is assessment of commercial and industrial land and buildings at $598,000. and $121,000. respectively an accurate assessment of today's market values.

 

4)      Page 96-97 of Agenda: Why is the reduction for employment lands based on $206,000. per acre while the reduction for residential lands is based on $37,000. per acre?

 

 

 

RECOMMENDATION:

 

That the report entitled "Fiscal/Assessment Analysis - Build Out of Urban Lands in Markham" by the Development Services Commission, be deferred to a Committee of the Whole meeting in July, in order for staff to provide additional information including operational review, and a response to questions.

 

 

 

22.       OPPORTUNITIES FOR URBAN EXPANSION
FOR EMPLOYMENT LAND, FILE: 10.0

 

The following motion was deferred by Council, on May 8, 2001, to the Development Services Committee for further discussion:

 

 "Moved by Regional Councillor B. O’Donnell

Seconded by Councillor G. McKevley

 

That Planning staff be requested to report back on opportunities for urban expansion for employment land to meet near term demand, in the order of some 600 net acres including the lands between Highway 404 and Woodbine, north of Elgin Mills, along the 404 corridor."

 

Committee discussed this issue, and due to a loss of quorum the matter was deferred.

 

 

 

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The Development Services Committee recessed at the hour of 4:15 p.m. and reconvened at the hour of 7:10 p.m.

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Public Meeting

 

Attendance

 

Chair:                  Councillor G. McKelvey

Vice Chair, Community Character:

                           Regional Councillor T. Wong

Vice Chair, Markham Centre:

                           Councillor D. Horchik

Vice Chair, Economic Development:

                           Regional Councillor B. O'Donnell

Members:            Regional Councillor G. Landon

                           Councillor S. Daurio

                           Councillor K. Usman

                           Councillor A. Chiu

           

J. Baird, Director of Planning

R. Blake, Senior Planner

K. Bavington, Committee Clerk

 

 

 

 

 

 

The Development Services Committee convened at the hour of 7:10 p.m. in the Council Chambers with Councillor G. McKelvey in the Chair.

 

 

23.       ARYA INVESTMENTS CORP., HWY. 7 AND TIMES AVENUE
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT
            A SINGLE-STOREY RESTAURANT AND RETAIL PLAZA
            (OP.00-246207, ZA.00-246212) FILES: 10.3, 10.5

 

The Chair advised that the subject of the Public Meeting this date was to consider applications submitted by Arya Investments Corp., for proposed Official Plan and zoning by-law amendments to develop a single-storey restaurant and retail plaza at Highway 7 and Times Avenue.

 

Committee was advised that 121 notices were mailed on April 25, 2001 and a public meeting sign was posted April 23, 2001.  One written submission was received.

 

RECOMMENDATION:

 

That correspondence from Margaret S.W. Li, 118 Galleria Parkway, Markham, L3T 7T7,  regarding applications submitted by Arya Investment Corp., be received.

 

Ron Blake, Senior Planner, gave a presentation of the proposal and surrounding uses.

 

Joanne Barnett, Planner, and Michaela Weiner, of Petroff Partnership Architects, representing the applicant, presented site plan and elevation drawings. Mohammad Abhary, of Arya Investments Corp. was also in attendance.

 

 

 

Carmela Harnum, 172 Leitchcroft Cres. Thornhill L3T 7T5,  John Palgan, 160 Leitchcroft Cres.  L3T 7T5, David Punnett, 146 Leitchcroft Cres. L3T 7T6,  Theresa Fong, 158 Leitchcroft Cres.  L3T 7T6,  and Mohammad Farahani, 176 Leitchcroft Cres. L3T 7T5, were in attendance in respect of the application. Their concerns included the height of buildings, the type of retail that would be permitted, storage of garbage, pollution, hours of operation, landscaping, noise, and access.

 

The applicant and staff responded to questions, advising that: the maximum height of the buildings will be 30 feet from ground to peak; garbage must be stored internally; only the category of retail can be regulated, not the specific retail use; there will be landscaping and privacy fencing adjacent to residential use; noise will be generated from the usual roof-top air conditioners; access will be from Times Avenue only. 

 

Staff advised the proposal will be subject to site plan approval to regulate issues such as fencing, landscaping, odour and noise control measures. The issues raised tonight will be addressed in a staff report for the Committee's consideration prior to a decision being made.

 

RECOMMENDATION:

 

That the Record of the Public Meeting held on May 15, 2001, with respect to the application by Arya Investments Corp. for Secondary Plan and Zoning By-law Amendments, be received;

 

And further that the applications be referred back to staff for a report evaluating the proposal.

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 7:50 p.m.

 

 

 

 

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