M I N U T E S

          DEVELOPMENT SERVICES COMMITTEE

2003-10-14

 

 

PART A - 11:00 a.m. - Canada Room

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

 

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 F. Scarpitti             Councillor S. Daurio             Councillor J. Virgilio             Councillor J. Heath             Councillor K. Usman             Councillor A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services M.F. Turner, Commissioner of Strategy, Innovation & Partnerships V. Shuttleworth, Director of Planning & Urban Design P. Loukes, Director of Operations & Asset Management O. Bar-Moshe, Assistant Town Solicitor D. Clark, Town Architect S. Bertoia, General Manager, Construction & Utilities T. Lambe. Manager, Policy & Research L. Irvine, Manager, Parks & Open Space Planning A. Mukherjee, Manager, Transportation Engineering A. Arbuckle, Manager, Infrastructure & Capital Works L. Duoba, Project Coordinator, Environmental Planning & Rouge Park J. Bosomworth, Project Coordinator, Capital Works R. Blake, Senior Project Coordinator L. Duoba, Senior Project Coordinator M. Urquhart, Senior Planner N. Pileggi, Planner K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 11:05 a.m. in the Canada Room with Councillor G. McKelvey in the Chair. 

 

 

DISCLOSURE OF INTEREST

 

Councillor J. Heath disclosed an interest with respect to Item # 1, the proposed development by 1371045 Ontario Limited for 160 and 162 Bullock Drive by nature of owning property next door to the subject property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

 

 

1.         1371045 ONTARIO LIMITED, 160 AND 162 BULLOCK DRIVE
ZONING BY-LAW AMENDMENT (ZA.02-106189)(10.5)  Weblink

 

Councillor J. Heath disclosed an interest with respect to the proposed development by 1371045 Ontario Limited for 160 and 162 Bullock Drive by nature of owning property next door to the subject property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the record of the Public Meeting held on May 6, 2003, relating to the application by 1371045 Ontario Limited for Zoning By-law Amendment to change the zone category from Industrial (M) to Business Corridor (BC) at 160 and 162 Bullock Drive (File ZA.02-106189) be received;

 

And that the Zoning By-law Amendment to change the zone category, as set out in Appendix ‘A’ attached to the staff report dated October 14, 2003, be approved.

CARRIED

 

 

2.         LANGSTAFF LAND USE STUDY, TERMS OF REFERENCE
PHASE I (SD.03 - 116189)(10.8)    Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the Development Services Commission Report entitled “Langstaff Land Use Study, Terms of Reference, Phase I”, dated October 14, 2003, be received;

 

And that the study terms of reference attached as Appendix ‘A’ to the report dated October 14, 2003, be endorsed;

 

And that staff be authorized to proceed with consultant selection and commencement of the Study, in accordance with provisions of the Purchasing By-law, with consultant fees not to exceed $37,190.29 inclusive of 7% G.S.T. ($35,800 inclusive of 3% G.S.T.);

 

And that funds are provided for in Planning Department’s 1993 Capital Budget Account # 79 5399 135 Langstaff Study and 2002 Capital Budget Account # 80 5399 4812 005 Langstaff Land Use Study (Phase 2);

 

And that staff report back on the consultant selection and detailed work program upon completion of the “Request for Proposal” process.

 

CARRIED

 

 

3.         MAIN STREET MARKHAM
STREETSCAPE AND TRAFFIC MANAGEMENT STUDY (10.8, 16.39)

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor F. Scarpitti

 

That the staff report entitled "Main Street Markham Streetscape and Traffic Management Study - Final Report" be received;

 

And that the "Main Street Markham Streetscape and Traffic Management Study - Final Report" be endorsed by Council in principle;

 

And that the Construction and Utilities staff be authorized to retain an engineering consultant to carry out detail design of the intersection of 16^th Avenue and Markham Road (Stage 1 of Phase 1) in 2003 for construction in 2004;

 

And that the cost of the Stage 1 design and construction in an estimated amount of $530,000 (Town cost $243,000, ROY cost $213,000 and MTO cost $74,000) be funded from the 2003 Engineering Capital Budget, Account No. 83-5350-5208-005, and the cost contributions from the Region of York and the Ministry of Transportation;

 

And that the Construction and Utilities staff be further authorized to retain engineering consultants to complete the detail design of the remaining Phase 1 work and carry out the detail design of Phase V (the intersection of Highway # 7 and Markham Road);

 

And that the cost of detail design for the remaining Phase 1 and for the Phase V work, in an estimated amount of $70,000, be funded from the 2003 Capital Budget, Account No. 052-5399-5252-005, and the funding contribution from the Ministry of Transportation and the Region of York where applicable.

CARRIED

 

 

4.         OAK RIDGES MORAINE: DRAFT OFFICIAL PLAN
            AMENDMENT AND ZONING BY-LAW (M1.204)(10.3, 10.5)  Weblink

 

Committee received correspondence dated October 14, 2003, from Michael J. McQuaid of Weir Foulds, representing Lebovic Enterprises Ltd., with concerns regarding the Oak Ridges Moraine Draft Official Plan Amendment and Zoning By-law.

 

Moved by: Regional Councillor B. O'Donnell

Seconded by: Councillor J. Virgilio

 

That correspondence dated October 14, 2003, from Michael J. McQuiad of Weir Foulds, representing Lebovic Enterprises Ltd., with concerns regarding the Oak Ridges Moraine Draft Official Plan Amendment and Zoning By-law, be received;

 

And that the staff report entitled "Oak Ridges Moraine: Draft Official Plan Amendment and Zoning By-law", dated October 14, 2003, be received;

 

And that the record of the Public Meeting held on July 7, 2003 with respect to the proposed amendment to the Official Plan and Zoning By-law be received;

 

And that the Official Plan Amendment for the Oak Ridges Moraine, attached as Appendix 'A' to the staff report dated October 14, 2003, be adopted;

 

And that the Draft Zoning By-law Amendment to By-law 304-87, as amended to implement the Oak Ridges Moraine, attached as Appendix 'B' to the staff report dated October 14, 2003, be passed;

 

And that the Ministry of Municipal Affairs and Housing be forwarded the Official Plan Amendment and Zoning By-law for approval;

 

*  And that the Ministry of Municipal Affairs be forwarded a justification report in support of the rezoning for the smaller woodlots;

 

And further that the Region of York, Toronto and Region Conservation Authority, Town of Richmond Hill, Town of Whitchurch-Stouffville, Town of Pickering, Transport Canada and the Rouge Park Alliance be provided with a copy of the amendments and notice of adoption.

 

CARRIED

And that the Ministry of Municipal Affairs be forwarded a justification report in support of the rezoning to protect the smaller woodlots;

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

*          Amended by Council at its meeting held October 21, 2003, to read as follows:

 

"And that the Ministry of Municipal Affairs be forwarded a justification report in support of the rezoning to protect the smaller woodlots;"

 

 

5.         PROVINCIAL SMART GROWTH INITIATIVES:
CENTRAL ONTARIO SMART GROWTH PANEL
FINAL REPORT AND ONTARIO’S URBAN FORUMS (10.0)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

 

That the staff report entitled “Provincial Smart Growth Initiatives: Central Ontario Smart Growth Panel Final Report and Ontario’s Urban Forums”, dated October 14, 2003, be received for information;

 

And that Council endorse the general direction of the April 2003 Central Ontario Smart Growth panel’s final report;

 

And that Council urge the new provincial government to act on the common themes or directions of the Provincial Smart Growth Initiatives with respect to planning and investing in:

·        long-term growth management to address urban sprawl and encourage intensification;

·        providing more affordable housing opportunities;

·        protecting natural heritage systems, greenspace and farmland;

·        providing a balanced and integrated transportation network with investment in public transit to reduce gridlock;

·        recycling organic waste to achieve waste diversion; and

·        providing infrastructure funding to priority growth areas such as urban centres and corridors;

 

And that Council urge the new provincial government to finalize a provincial Smart Growth strategy for the Central Ontario zone linking strategic provincial planning and policy regulation to strategic provincial investment and financial management;

 

And that Council urge the new provincial government to immediately develop a framework to

implement the Central Ontario Smart Growth panel’s recommendations and provide immediate

support to the Town of Markham in the implementation of Smart Growth initiatives by:

(a)    removing planning and regulatory barriers and expediting the provision of improved   planning and fiscal tools to achieve the new Markham Centre development;

(b) developing an implementation framework to deliver provincial investment and policies to encourage compact development and balanced live/work opportunities;

(c) approving Markham’s proposal to create a Tax Increment Financing area for the Markham Centre/Highway 7, as a  pilot program;

(d) acting to implement the Central Ontario Smart Growth panel’s November 2002 interim advice and appoint a commission to consult broadly with the public and stakeholders, and formulate recommendations for maintaining and improving the role and procedures of the Ontario Municipal Board to, among other things, update the role of the Board to provide a true appeal/review mechanism rather than substituting as a municipal decision maker;

(e) acting on the recommendations of the Eastern Markham Strategic Review Committee particularly as they relate to the protection of key linkages to the Little Rouge Creek Corridor lands of the Rouge Park, the protection of agricultural lands, and the coordinated planning for the lands in the vicinity of the Pickering Airport site;

(f)     acting to implement the Central Ontario Smart Growth panel’s August 2002 interim advice and investing immediately and significantly in transit initiatives throughout the Central Ontario zone by allocating a portion of the provincial gas or sales tax to municipalities;

(g)    expediting approval mechanisms to increase processing capacity for organic waste to prevent  further delay of the implementation of municipal curbside organic waste collection;

(h)    proceeding with implementing the blue box funding mechanism as set out in the Waste Diversion Act; and

(i)      working with municipalities across the Central Ontario zone to ensure coordination of long-term decision-making on planning and investment in infrastructure and resolution of issues that span municipal boundaries;

*

And that Council urge the new provincial government to act on the findings of Ontario’s Urban Forums by:

(a)    providing targeted, long-term and sustainable funding in support of the provision of rental and affordable housing, transit/transportation, and infrastructure initiatives; and

(b)   designing approaches to ensure coordination and collaboration between the province, municipalities, the federal government and the private sector.

*                                                                                                                                         CARRIED

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

*          Amended by Council at its meeting held October 21, 2003, to add the following

            subsection (j) as follows:

 

      "(j) initiating special legislation under the Planning Act to protect the Rouge Park;"

 

and to add a new paragraph at the end, as follows:

 

"And further that the new Provincial Government be advised that the Town of Markham wishes to offer its support and assistance to the Province in future Smart Growth initiatives or Smart Growth Panels, including political or senior staff representation on Panels, Committees or Task Forces."

 

 

6.         DOGEDEN, 60 BULLOCK DRIVE
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT A SERVICE COMMERCIAL USE (ZA.03-114132)(10.5)   Weblink

 

Staff reviewed the concerns raised at the Public Meeting, and advised that an Acoustical Analysis, and a Parking Study had been completed. Staff are supporting a Temporary Use By-law, which will permit the proposed use for three years. The situation can be monitored, and the applicant can apply for an extension of the Temporary Use By-law, or a permanent rezoning, at the end of three years.

 

Debbie Reynolds, owner of "Life's Ruff", a business that will be operating in the subject premises, had questions regarding the Temporary Use By-law.

 

Jennifer Brunke, applicant, was in attendance to answer any questions.

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor A. Chiu

 

That the deputation by Debbie Reynolds, owner of "Life's Ruff", be received;

 

And that the record of the Public Meeting held on September 9, 2003, entitled, “Dogeden and Life’s Ruff, 60 Bullock Drive”, be received;

 

And that the Zoning By-law Amendment application (ZA.03-114132) submitted by Dogeden for a permanent by-law not be approved;

 

And that the proposed temporary use by-law attached as Appendix ‘A’ to the report dated October 14, 2003, be enacted.

CARRIED

 

 

 

 

7.         PUBLIC ART POLICY FRAMEWORK (6.5)   Weblink

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor A. Chiu

 

That the report to Development Services Committee entitled “Public Art Policy Framework”, dated October 14, 2003, be received;

 

And that the “Public Art Policy Framework” attached as Appendix A to the staff report dated October 14, 2003, be endorsed as a general framework and process for making decisions about the placing of art on municipal lands as well as a guideline for the future development of specific public art policies;

 

And that the Town Clerk proceed with the establishment of a “Public Art Advisory Committee” having the roles and responsibilities as outlined in the “Public Art Policy Framework” document;

And that, following establishment of the Public Art Advisory Committee, staff report back on the next steps necessary to implement the public art policy framework including staffing assignments, identifying priority policy areas that need further development, as well as an appropriate implementation strategy, work plan and schedule;

 

And further that the “Public Art Advisory Committee”, in association with staff, review and report back on how best to spend the $100,000.00 that has been allocated in the 2003 Capital budget for Public Art within the Town of Markham.

CARRIED

 

 

8.         WATER ALLOCATION DISTRIBUTION (2003)(5.3)    Weblink

 

Committee received correspondence from Ira T. Kagan of Kagan Shastri, representing Times Group Corporation, Galleria, requesting additional water allocation. Mr. Kagan made a deputation and discussed the potential delays caused by a shortfall in the allocation.

 

Staff explained that the draft water allocation presented to the Committee in September, 2003, has been reviewed with the Developers Round Table Group and refined to the current recommended allotment. Committee and staff discussed the ranking criteria and issuance of Building Permits.

 

Moved by: Councillor D. Horchik

Seconded by: Councillor J. Virgilio

 

That correspondence and deputation by Ira T. Kagan of Kagan Shastri, representing Times Group Corporation, Galleria, be received;

 

And that the Development Services report entitled “Water Allocation Distribution (2003),” dated October 14, 2003, be received;

 

And that the allocation of water to specific planning districts as identified in Appendix “A” to the staff report dated October 14, 2003, be endorsed;

And that the allocation to specific planning districts be subject to conditions as listed in Appendix “B” attached to the staff report dated October 14, 2003;

 

And that the Town reserve the right to revoke or reallocate water allocation at its sole discretion;

 

And that staff report back in January 2004 with a recommended water allocation policy for high-rise residential developments;

 

And that staff report back in spring 2004 with an update to the 2003 allocation and with recommendations for the distribution of the 2004-2011 (±11,466 units) additional water allocation.

CARRIED

 

 

9.         SCHOOL CROSSING GUARD SERVICE
WOOTTEN WAY SOUTH AT SENATOR REESOR'S DRIVE (NORTH LEG)
(5.12)   Weblink

 

Gillian McCarthy, 26 Henry Corson Place, made a deputation in support of the school crossing guard service proposed for Wootten Way South at Senator Reesor's Drive, and requested an additional crossing guard at Wootten Way and Major Buttons. Ms. McCarthy presented a petition with 78 signatures in support of both locations, and a letter requesting additional safety measures.

 

Moved by: Councillor J. Heath

Seconded by: Councillor K. Usman

 

That the Human Resources Department be authorized to establish school crossing guard service at the intersection of Wootten Way South and the north leg of Senator Reesor’s Drive.

 

And that the Human Resources Department be authorized to remove the school crossing guard service at the intersection of Highway 7 and Wootten Way.

 

And that the Roads Department be directed to install school crossing signs and crosswalk pavement markings at the Wootten Way South/Senator Reesor’s Drive (north leg)  and remove the existing school crossing signs at Highway 7/Wootten Way South upon approval of the by-law;

 

And that the deputation by Gillian McCarthy of the William Armstrong Public School Parent Council, be received;

 

And that the petition with 78 signatures in support of crossing guards at Wootten Way South at Senator Reesor's Drive, and at Wootten Way and Major Buttons; and the submission from the William Armstrong Public School Parent Council requesting additional safety measures, be received and referred to staff for a report.

 

CARRIED

Public Meeting - to Council

 

10.       CHIAVATTI DEVELOPMENTS LTD. AND
BRAMBLEWELL DEVELOPMENTS LTD.
SOUTHEAST CORNER HWY 7 AND SWANSEA ROAD
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS FOR
EIGHT SEMI-DETACHED DWELLINGS (OP 03-116179, ZA 03-112197)(10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the applications for Official Plan and zoning by-law amendments, Files OP 03-116179, ZA 03-112197, submitted by Chiavatti Developments Ltd. and Bramblewell Developments Ltd., for eight semi-detached dwellings at the southeast corner of Highway 7 and Swansea Road.

 

Committee was advised that 43 notices were mailed on September 24, 2003, and a Public Meeting sign was posted on September 22, 2003. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property.

 

Tony Masongsong, representing the applicant, Chiavatti Developments Ltd. and Bramblewell Developments Ltd., requested the application be expedited in order to facilitate building the road for the adjacent development.

 

Glenn Baron, 251 Helen Avenue, questioned the roads infrastructure and recoveries, and talked about the need for road access and sidewalks.

 

Committee requested staff examine whether flooding only occurs from the overflow across Highway 7. Committee indicated support for expediting this proposal, and staff advised that conditions could be incorporated into the severance process.

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor A. Chiu

 

That the deputation by Glenn Baron, with comments regarding the proposal by Chiavatti Developments Ltd. and Bramblewwell Developments Ltd., be received;

 

And that the Record of the Public Meeting held on October 14, 2003 with respect to the applications by Chiavatti Developments Ltd. and Bramblewell Developments Ltd. for Official Plan and zoning by-law amendments to permit eight semi-detached residential units south of Highway 7, east of Swansea Road (OP 03-116179, ZA 03-112197), be received;

 

And that the applications by Chiavatti Developments Ltd. and Bramblewell Developments Ltd. for Official Plan and zoning by-law amendments be approved;

 

And that staff be directed to finalize the proposed Official Plan Amendment, and that the Amendment be adopted without further notice;

 

And that staff be directed to finalize the proposed amendment to By-law 134-79, as amended, and that the by-law be enacted without further notice.

CARRIED

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Other matters considered by Development Services Committee on October 14, 2003:

 

 

 

In-Camera

 

The Committee rose from In-camera and reported on Item # 11:

 

 

11.       CONFIDENTIAL PROPERTY MATTER (10.0)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the staff presentation regarding a confidential property matter be received;

 

And that the confidential property matter be deferred and referred to Committee of the Whole on October 21, 2003, for further discussions.

CARRIED

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

 

 

 

12.       PUBLIC ART POLICY (6.5)

 

Jane Perdue, Consultant, made a presentation regarding the Public Art Policy, providing an overview of the Policy development, principles, goals, and recommendations. The recommendations include establishment of a Public Art Advisory Committee, and it was noted that the Committee should be composed of representation from all communities.

 

Committee discussed the opportunity for a significant piece of art to create a landmark or a gathering place in Markham.

 

Ms. Perdue and staff were congratulated by the Committee for their work on the Public Art Policy.

 

Moved by: Councillor Usman

Seconded by: Councillor Horchik

 

That the presentation by Jane Perdue, Consultant, regarding the Public Art Policy, be received.

 

CARRIED

 

 

 

 

13.       BOX GROVE SECONDARY PLAN
            TOPSOIL STRIPPING PERMIT (10.4)

 

Staff made a presentation regarding the Box Grove Secondary Plan, and discussed the Topsoil Stripping Permit in relation to the timing of providing services to existing area residences. Committee received a staff memorandum, dated October 14, 2003, outlining three options for consideration. Staff advised that they will pursue the options with the Developers Group and the Finance Department, and report back to Committee of the Whole on October 21, 2003.

 

Dave Stewart, representing the Developers Group, confirmed that they will continue discussions on this issue.

 

Moved by: Regional Councillor B. O'Donnell

Seconded by: Councillor J. Heath

 

That the presentation regarding the Box Grove Secondary Plan be received;

 

And that the Box Grove Secondary plan be deferred and referred to Committee of the Whole on October 21, 2003, for discussions on the comparison of costs for Options 1 and 3, and for a further update from staff.

 CARRIED

 

 

14.       MAIN STREET MARKHAM
STREETSCAPE AND TRAFFIC MANAGEMENT STUDY (10.8, 16.39)

 

Harrington & Hoyle, Consultants, made a presentation regarding the Main Street Markham Streetscape and Traffic Management Study.

 

Peter Ross, representing the Main Street Markham Committee, expressed appreciation to Markham Council and staff for their support of this initiative.

 

Moved by: Regional Councillor F. Scarpitti

Seconded by: Regional Councillor B. O'Donnell

 

That the presentation by Harrington & Hoyle, Consultants, and the deputation by Peter Ross, representing the Main Street Markham Committee, regarding the Main Street Markham Streetscape and Traffic Management Study, be received.

CARRIED

 

 

 

 

 

 

 

 

15.       PRESENTATION OF SERVICE AWARDS (12.2.6)

 

The following employees received service awards:

Gary Alexander, Area Supervisor, Roads Maintenance - 30 years

Robert Clarry, Platoon Chief, Fire Department - 30 years

Paul Armstrong, Captain, Fire Department - 25 years

Christopher Bird, Manager Plans Review, Building Services - 20 years

Margaret Skinner, Coordinator of Administration, Leisure & Cultural Services - 20 years

Biju Karumanchery, Senior Project Coordinator, Planning Department - 15 years

Gary Sellars, Senior Planner, Planning Department - 15 years

Frederick Webber, Training Officer Fire Prevention, Fire Department - 15 years

Michael Gottlieb, Supervisor Alarm Room, Fire Department - 10 years

Dean Schneider, Records Clerk, Clerks Department  - 10 years

Stan Bertoia, General Manager, Construction & Utilities - 5 years

Norman Dupuis, 1^st Class Firefighter, Fire Department - 5 years

Shawn Hermans, Program Coordinator, Milliken Mills Community Centre - 5 years

Jennifer Nelson, Supervisor, Cash Control, Financial Services - 5 years

Sean Torrington, 1^st Class Firefighter, Fire Department - 5 years

Nasir Kenea, Senior GIS Analyst, GIS - 3 years

Mavis Urquhart, Senior Planner, Planning Department - 3 years

 

 

16.       DELEGATED APPROVALS UNDER BY-LAW 2002-202
(DM 2001-03) (10.6)  Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

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, October 14, 2003.

CARRIED

 

17.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF AUGUST 30, 2003 TO SEPTEMBER 16, 2003
(10.0)   Weblink

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor S. Daurio

 

That Committee receive the Report entitled “Report on Incoming Planning Applications for the period of August 30, 2003 to September 16, 2003” and direct staff to process the applications in accordance with the route outlined in the report, with the exception that site plan applications for 56, 58, and 60 Riverbend Road be brought back to the Development Services Committee for approval.

CARRIED

18.       HERITAGE MARKHAM COMMITTEE MINUTES
- September 10, 2003 (16.11)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the minutes of the Heritage Markham Committee meeting held September 10, 2003, be received for information.

CARRIED

 

19.       MAIN STREET MARKHAM COMMITTEE MINUTES
- September 17, 2003 (16.39)    Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the minutes of the Main Street Markham Committee meeting held September 17, 2003, be received for information.

CARRIED

 

20.       SEBASTIANO AND THERESA MIZZI
NORTHEAST CORNER OF MCCOWAN ROAD & DENISON ST.
ZONING AMENDMENT AND PLAN OF SUBDIVISION
(ZA.03-113947, SU.03-113946, 19TM-030013)(10.5, 10.7)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That a Public Meeting be held to consider the rezoning and plan of subdivision applications by Sebastiano and Theresa Mizzi to permit 18 single-detached dwellings at the northeast corner of McCowan Road and Denison Street (ZA.03-113947, SU.03-113947, 19TM-030013).

 

CARRIED

 

21.       1055097 ONTARIO LIMITED (LARKIN MONARCH PARTNERSHIP)
BERCZY VILLAGE COMMUNITY
ZONING BY-LAW AMENDMENT TO IMPLEMENT
PHASES 5A AND 5B OF DRAFT PLAN 19T-95009 (ZA.03-114359)
(10.5)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That a Public Meeting be held to consider the application by 1055097 Ontario Limited (Larkin – Monarch Partnership) for Zoning By-law Amendment to implement Phases 5A and 5B of Draft Plan 19T-95009.

CARRIED

22.       AVALON DEVELOPMENT CORPORATION, 26 CHURCH LANE,THORNHILL
APPLICATION FOR SITE PLAN APPROVAL (SC. 02100392)(10.6)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the application for Site Plan Approval to permit additions and alterations to the house at 26 Church Lane, Thornhill (SC.02100392) be approved subject to the following conditions:

 

1.                  That the Owner enter into a site plan agreement with the Town;

 

2.                  That prior to execution of the site plan agreement, the Owner shall submit final site plan, elevations, servicing and grading drawings, and comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

3.                  That the site  plan agreement include provision for the payment by the owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations;

 

4.                  That site plan approval shall lapse after a period of three years commencing October 14, 2003 in the event that the Owner does not enter into a site plan agreement with the Town during that period.

 

5.                  That prior to the execution of the site plan agreement, the Owner shall enter into a heritage conservation easement agreement with the Town to ensure long-term protection of the cedar hedge on the south boundary line and the (final) exterior façade of the existing dwelling;

 

6.                  That the Owner be required to submit for approval and implementation, a landscape plan for lands to the south of the dwelling, to the satisfaction of the Commissioner of Development Services, prior to execution of the site plan agreement;

 

7.                  That the owner be required to install a Markham Remembered Plaque in a visible location on the property outlining the heritage attributes of the property and its association with Sir Robert Watson-Watt, to the satisfaction of the Commissioner of Development Services;

 

8.                  That the owner is to extend the existing sanitary sewer from Colborne Street to service the property as required by by-law #436-86 and clause 2.4;

 

9.                  That the owner is to grade the south elevation of the property to hide the increase to the foundation height of the dwelling as per the final approved grading plan;

 

10.              That the owner is to submit a restoration/planting plan and soil and erosion control plan, to the satisfaction of the TRCA prior to the issuance of a building permit;

 

11.              That the owner is to obtain an Ontario Regulation 158 Permit prior to the issuance of a building permit.

CARRIED

23.       SIXTEENTH AVENUE TRUNK SEWER PROJECT
            JENNINGS GATE (5.5) 

 

Councillor Horchik addressed his Motion regarding the Region of York's commitment to fund all necessary mitigative measures with respect to private wells due to the 16^th Avenue trunk sewer project.

 

Committee agreed to defer the motion until comments could be received from engineering staff and Terraprobe, and referred this matter to Committee of the Whole on October 21, 2003.

 

Moved by Councillor Dan Horchik

Seconded by Deputy Mayor Frank Scarpitti

 

That the following motion be deferred to Committee of the Whole on October 21, 2003, to allow an opportunity to receive comments from staff and Terraprobe:

 

"Whereas Town of Markham Engineering staff made a presentation to the Town’s Development Services Committee on September 9, 2003 with respect to the 16^th Avenue Trunk Sewer Phase II Mitigation Program;

 

And whereas Town of Markham Engineering staff presented a report from Terraprobe Limited on the said date which report provided that of the 61 homes in Jennings Gate the number of wells potentially affected by Phase II of the trunk sewer project is two (2);

 

And whereas the Region of York previously committed to funding all necessary mitigative measures with respect to private wells due to the 16^th Avenue trunk sewer project;

 

And whereas the residents of Jennings Gate wish to present their mitigative proposal to the Region of York, listed below as Appendix “A”;

 

Now therefore be it resolved that the Town of Markham endorses the mitigative proposal from the residents of Jennings Gate (Appendix “A”) and Town staff is hereby directed to present this resolution and the said mitigative proposal to the Region of York for their immediate response.

 

APPENDIX “A”

TO MOTION TO DEVELOPMENT SERVICES COMMITTEE

DATED OCTOBER 8, 2003

 

1.         The Region shall pay the sum of $366,000.00 (61 wells x $6,000.00/well) toward the cost of providing municipal water to Jennings Gate.  The Region would pay each well owner directly and each well owner would be required to execute a full release.

 

OR

 

2.         (i) The Region, at its cost, shall hire an independent consultant, agreed to by the residents of Jennings Gate, to survey every well in Jennings Gate to determine the depth of the well, the depth of the pump, the static water level, the flow rate and water quality.  This information shall be provided to each well owner.  The Region would deal directly with the 2 well owners that they think will be impacted.  Residents would pay for the municipal water system as a local improvement and each decide whether to connect;

 

            (ii) If 2 or less wells are “affected” by the dewatering, the Region shall not be required to pay any sum toward the cost of supplying municipal water to Jennings Gate except for the cost of the surveys referred to in (i) above;

 

.           (ii) If 3 wells are “affected” by the dewatering, the Region agrees to pay each and every home owner in Jennings Gate, whether the owner has connected to the municipal water system or not, 50 percent of the cost of providing the municipal water system plus 50 percent of the cost of connecting that person’s house to the municipal water system; and

 

(iii) If 4 or more wells are “affected” by the dewatering, the Region agrees to pay to each and every home owner in Jennings Gate, whether the owner has connected to the municipal water system or not, the full cost of providing the municipal water system plus the full cost of connecting that person’s house to the municipal water system."

 

CARRIED

 

COMMUNICATIONS

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That Development Services Committee receive and consent to the disposition of Item Nos. 24 to 25 in the following manner:

 

 

24.       DURHAM REGION - OCTOBER 1, 2003 (10.8)

            - providing comments on the Eastern Markham Strategic Review

- receive

 

 

25.       GREATER TORONTO AIRPORTS AUTHORITY
            SEPTEMBER 15, 2003 (10.8)

            - providing comments on the Eastern Markham Strategic Review

- receive

 

CARRIED

 

PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

Chair:  Councillor G. McKelvey Members:             Mayor D. Cousens             Regional Councillor F. Scarpitti             Councillor S. Daurio             Councillor J. Virgilio             Councillor J. Heath             Councillor A. Chiu

V. Shuttleworth, Director of Planning and Urban Design B. Karumanchery, Senior Project Coordinator G. Sellars, Senior Planner M. Wouters, Senior Planner K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 7:20 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair. 

 

The Baden Powell Timber Wolves were welcomed to the meeting.

 

 

26.       1061993 ONTARIO LTD. (FOREST GATE HOMES), 19 ROUGE STREET
LOT 9 AND PART OF LOTS 7, 8 & 10, BLOCK A, PLAN 18
ZONING BY-LAW AMENDMENT TO PERMIT NEW
RESIDENTIAL LOTS (ZA 02-108985) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the application for zoning by-law amendment, File ZA 02-108985, submitted by 1061993 Ontario Ltd. (Forest Gate Homes) to permit new residential lots at 19 Rouge Street.

 

Committee was advised that 157 notices were mailed on September 24, 2003, and a Public Meeting sign was posted on September 20, 2003. There were no written submissions received prior to the meeting.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property.

 

Tony Masongsong, representing the applicant, 1061993 Ontario Ltd., advised of revisions to the plan that would enlarge the lot proposed on Rouge Street. The Architectural Consultant for the applicant displayed elevations and discussed design details.

 

Dino Alexandru, 3 Rouge Street, stated his opposition to the proposal, with respect to lot size and crowding.

 

Glenn Baron, 251 Helen Avenue, requested clarification on the number of lots that can be created by severance, and on recoveries.

 

Peter Ross, representing the Vinegar Hill Ratepayer's Association, presented a written submission of their concerns, including: crowding with respect to lot size and house size; reduced side yard and front yard setbacks; potential precedent for future development on James Scott Drive; impact on streetscape and Heritage image; dwellings should be constructed at street level to minimize towering effect; and, realignment of driveways to preserve three mature white pine trees. 

 

David Hough, 21 Rouge Street, adjacent to the subject property, spoke in opposition to the lot size and the impact on the neighbourhood.

 

Staff responded to questions. Committee requested that the design incorporate more diversity between the units, and requested that site plans for this application be brought back to the Committee for approval.

 

Moved by: Regional Councillor F. Scarpitti

Seconded by: Mayor Don Cousens

 

That the written submission by the Vinegar Hill Ratepayer's Association, dated October 14, 2003, outlining concerns for the proposal by 1061993 Ontario Ltd., be received;

 

And that the deputations by Dino Alexandru, Glenn Baron, Peter Ross representing the Vinegar Hill Ratepayer's Association, and David Hough, in objection to the proposal, be received;

 

And that the Record of the Public Meeting held on October 14, 2003 with respect to the application (File ZA 02-108985) by 1061993 Ontario Ltd. (Forest Gate Homes) to amend By-law 1229, as amended, be received;

 

And that the application be referred to the Markham Subcommittee, with the applicant and residents, and that staff prepare an Issues Memorandum for the consideration of the Markham Subcommittee.

 

CARRIED

 

 

27.       GREENBELT VOLKSWAGEN LTD., 31 HELEN AVENUE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT
EXPANSION (OP 03-108961, ZA 03-108969)(10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the applications for Official Plan and zoning by-law amendments, Files OP 03-108961, ZA 03-108969, submitted by Greenbelt Volkswagen Ltd., to permit expansion of the dealership at 31 Helen Avenue.

 

Committee was advised that 24 notices were mailed on September 24, 2003, and a Public Meeting sign was posted on September 23, 2003. There was one written submissions received from Eric and Maria Tonks, 55 Helen Avenue, expressing concerns.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property. Staff advised the Heritage building is intended to be relocated off-site and confirmed that the drainage ditch has been identified as such by TRCA.

 

Mike Everard of Augusta National Inc., representing the applicant, Greenbelt Volkswagen Ltd., advised that the drainage ditch would be realigned to the eastern boundary of the property as part of the buffering, and that further landscaping details have not been determined. The proposed Kuboda Trail will be realigned.

 

Glenn Baron, 251 Helen Avenue, was not in objection to the proposal, however, he questioned  the categorization of the drainage ditch. Mr. Baron had concern for on-street off-loading and requested traffic calming measures be considered.

 

Jennifer Baron, 251 Helen Avenue, expressed concern that the lack of road-side maintenance and the existing traffic levels on Helen Avenue create a hazardous situation.

 

Shakir Rehmatullah, 191 Helen Avenue, representing Best Homes, had no objection to the proposal, but requested that the applicant be required to join the Developer's Group and to contribute appropriate Development Charges.

 

Committee discussed the comments made and the written submission received. It was noted that substantial landscaping and buffering adjacent to residential sections will be required, and staff was directed to bring the detailed landscaping plans back to the Committee. Staff was also directed to ensure the impacts on neighbours are minimized as much as possible, with respect to illumination, noise, location of buildings, and enforcing on-street off-loading. Committee requested consideration also be given to the size of the parking lot fronting on Kennedy Road.  

  

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the written submissions from Eric and Maria Tonks, 55 Helen Avenue, expressing concerns regarding the applications by Greenbelt Volkswagen Ltd., be received;

 

And that the deputations by Glenn Baron, Jennifer Baron, and Shakir Rehmatullah, with comments and concerns regarding the applications by Greenbelt Volkswagen Ltd., be received;

 

And that the Record of the Public Meeting held on October 14, 2003 with respect to the applications by Greenbelt Volkswagen Ltd. for Official Plan and zoning by-law amendments at 7997 Kennedy Road and 31 Helen Avenue (OP 03-108961, ZA 03-108969), be received;

 

And that the applications by Greenbelt Volkswagen Ltd. for Official Plan and zoning by-law amendments be referred back to staff for a report and recommendation.

 

CARRIED

 

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 9:15 p.m.