DEVELOPMENT
SERVICES COMMITTEE
2002-05-21
Meeting No. 10
PART A - 11:00 a.m. - Canada Room
PART B - 1:00 p.m. - Council
Chamber
Attendance
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M.F.Turner, Commissioner of
Development Services
J. Baird, Acting Commissioner of
Development Services
A. Brown, Director of Engineering
S. Chait, Director of Corporate
Strategy & Quality Office
P. Loukes, Director of Street
Services
L. Mara, Director, Corporate
Communications and Culture
V. Shuttleworth, Acting Director
of Planning
J. Wright, Director of Building
Standards
D. Clark, Town Architect
J. Bosomworth, Senior Project
Coordinator
J. Clohecy, Senior Project
Coordinator
L. Duoba, Senior Project
Coordinator
S. Heaslip, Senior Project
Coordinator
B. Karumanchery, Senior Project
Coordinator
M. Wouters, Senior Planner
K. Bavington, Committee Clerk
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The Development Services Committee convened at the hour of
11:00 a.m. in the Canada Room with Councillor G. McKelvey in the Chair.
DISCLOSURE OF
INTEREST
Councillor G. Landon disclosed an interest with respect to
Item # 2, Bill 124 - Building Code Statute Law Amendment Act, 2001, by nature
of his son being employed in the building industry, and did not take part in
the consideration or discussion of or vote on the question of the approval of
such matter.
1. ECONOMIC
ALLIANCE MISSION TO CARY, NORTH CAROLINA (10.16)
RECOMMENDATION:
That the
report entitled “Delegation to Cary, North Carolina” be received,
And That the Town authorize the Director
of Economic Development to proceed with the implementation of an economic
alliance mission to Cary, North Carolina at a cost not to exceed $4,100.00 to
be funded from the approved 2002 Business Travel account #610-9985201,
And Further That Regional Councillor
Bill O’Donnell and Chief Administrative Officer John Livey be approved to
participate in the economic alliance mission to Cary, North Carolina.
2. BILL 124 - BUILDING CODE STATUTE LAW
AMENDMENT ACT, 2001 (10.13)
Councillor G. Landon disclosed an interest with respect to
Bill 124 - Building Code Statute Law Amendment Act, 2001, by nature of his son
being employed in the building industry, and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
Staff provided a brief
synopsis of the presentation given to the Development Services Committee on May
7, 2002, and advised that recommendations have been sent to the Province
already, due to timing deadlines involved. Committee discussed recovery of fair
associated costs, and effects on heritage properties. Staff advised that
Heritage Districts have separate legislation and are not affected by Bill 124.
RECOMMENDATION:
That the
Building Standards Department report entitled “Bill 124 - Building Code Statute
Law Amendment Act, 2001” be received;
And that Council
adopt the recommendations contained in this report and itemized in Appendix A
regarding Bill 124, An Act to improve
public safety and to increase efficiency in building code enforcement, and
forward these recommendations to the Province of Ontario for consideration
during the legislative process;
And further that once
the details and timing of the final legislation and implementing regulations
are known, that the Director of Building Standards report to the Development
Services Committee on the impact of the proposed legislation on the Town of
Markham, along with recommendations for further implementation of its
provisions.
3. PICKERING AIRPORT SITE:
PROPOSED FEDERAL AIRPORT ZONING REGULATIONS (5.15.2, 13.5.2)
RECOMMENDATION:
That the Report entitled “Pickering Airport Site: Proposed Federal Airport Zoning Regulations”
dated, May 21, 2002, be received;
And that the Regional Director General for Transport
Canada be advised that:
a)
the Town of Markham appreciates the
consultation process undertaken by Transport Canada with the Town, other
affected municipalities, and stakeholders to consider an “alternate approach”
to Federal Airport Zoning Regulations;
b) due to unresolved legal
and administrative concerns, acknowledged by the participating stakeholders,
the Town of Markham no longer wishes to consider the alternate approach; and,
c) the Town of Markham
wishes to be kept informed regarding the implementation of Federal Airport
Zoning Regulations affecting lands in Markham.
And that Mayor Wayne Arthurs, City of Pickering, be
advised of Council’s decision and thanked for his role in sponsoring the
stakeholder discussions.
4. MARKHAM INTERIM CONTROL BY-LAW 2002-20
MAIN STREET UNIONVILLE CORE AREA
APPEALS TO THE ONTARIO MUNICIPAL BOARD (10.8, 13.13)
RECOMMENDATION:
That in response to the two Notices
of Appeal received relating to Interim Control By-law No. 2002-20 for the Main
Street Unionville Core Area, no amendment be made to such by-law.
5. 1438670 ONTARIO INC., 159 AND 159A MAIN
ST. UNIONVILLE
ZONING BY-LAW AMENDMENT (ZA.
01-108462) (10.5)
Ms. Karen Davis, a
tenant at 159 Main Street, expressed concern for the effects of the proposal on
the access to her rental unit. As a representative of the Unionville BIA, Ms.
Davis also stated concern for provision of adequate parking.
Staff stated the
proposed zoning by-law deals with the inclusion of hotel use, which received no
objections at the Public Meeting, and that issues relating to access and
parking are better dealt with at the site plan stage. With respect to the
ongoing Land Use and Parking Study, and the possible change in parking
requirements, the owner would be required to comply with parking requirements
in effect at the time of issuance of the Building Permit. It was noted that the
site plan process does not provide for public input, and cannot be appealed by
the public, and that the applicant can appeal deferral or refusal of the zoning
application.
A Motion was made to
defer approval of the zoning by-law amendment until after completion of the
Land Use Study, but was lost.
RECOMMENDATION:
That the deputation
by Ms. Karen Davis, 159 Main Street, Unionville, regarding concerns for the
proposed zoning by-law amendment for 159 and 159A Main Street, be received.
And that the
application for zoning by-law amendment, File ZA. 01-108462, submitted by
1438670 Ontario Inc. to permit a hotel use at 159 and 159A Main Street,
Unionville be approved, and the implementing amendment to By-law 122-72, as
amended, be enacted without further notice, with inclusion of Holding
provisions, not to be removed until execution of a site plan agreement.
6. NEAMSBY INVESTMENTS INC., 1525 DENISON
STREET
REZONING TO PERMIT A FARMERS MARKET (ZA 01 118464) (10.5)
RECOMMENDATION:
That the rezoning application (ZA 01
118464) submitted by Neamsby Investment Inc. to permit a farmers market at 1525
Denison Street be approved and the draft Zoning By-law be enacted without
further notice.
7. STRINGBRIDGE DEVELOPMENTS LIMITED
NORTH SIDE OF CLEGG AVENUE, SOUTHWEST CORNER OF
HIGHWAY 7 AND SOUTH TOWN CENTRE BLVD
APPLICATION FOR HOLD REMOVAL AND
SITE PLAN APPROVAL (SC.02101401, ZA.00234719) (10.5, 10.6)
RECOMMENDATION:
That the site plan
application (SC.02101401) submitted by Stringbridge Developments Inc. to permit
two industrial buildings on Clegg Road, be approved, subject to the following
conditions:
1. That the final site plan and
elevation drawings be submitted to the satisfaction of the Commissioner of
Development Services;
2. That the Owner submit a
Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership,
to the satisfaction of the Commissioner of Development Services;
3. That the Owner enter into a
site plan agreement with the Town that contains all standard and special
provisions and requirements of the Town and public agencies;
4. That the site plan agreement
provide for the payment, by the Owner, of all applicable fees, recoveries,
cash-in lieu of parkland, Developer’s Group obligations and local services
contributions;
5. That the Owner comply with all
requirements of the Town and authorized public agencies, to the satisfaction of
the Commissioner of Development Services;
6. That the Owner convey to the Town, at no
cost, the lands required for the extension of Clegg Road to Rodick Road and the
Town transfer to the Owner the surplus land for the existing cul-de-sac on the
north side, to the satisfaction of the Director of Engineering.
7. That the Owner convey an
easement at no cost to the Region of York for the Highway 404 Trunk Sanitary Sewer;
8. That construction activity for the proposed buildings (including
the common access driveway from Clegg Road) will be contained within “extent of
work” boundaries as identified on the site plan and that there be no storage of
material and/or machinery and stockpiling of topsoil and/or fill on the
remainder of the property during construction of the proposed buildings.
Further, there will be no direct construction access to the above site from
Highway #7 and/or South Town Centre Boulevard; and,
9. Further
that the site plan approval will lapse after a period of three years commencing
May 21, 2002, in the event that a site plan agreement is not executed within
that period.
And that the By-law amendment
application (ZA.00234719) to remove the Hold provision for the portion of the
lot subject to the site plan application, be enacted by Council without further
notice;
And that the revised Development
Phasing Plan for Warden West, be adopted;
And that Appendix I to the Central
Area Secondary Plan (OPA 21) is amended to reflect the changes in the Warden
West Development Phasing Plan.
And that staff be authorized to
proceed with the process to stop up and close the surplus lands for the
existing cul-de-sac and that surplus lands on the north side of the ultimate
Clegg Road right-of-way be transferred to the Owner.
8. IMPLEMENTATION
AND CONTROL OF CORNER LOT
FENCING IN MARKHAM'S NEW COMMUNITIES (10.0)
Committee discussed that measures are
needed to ensure developers install proper fencing prior to occupancy, such as
an increased Letter of Credit, and directed the follow-up report include that
aspect.
Committee
also directed staff to investigate with Legal and By-law Enforcement staff, the
possibility of incorporating easements in favour of the Town into subdivision
agreements, to allow access to properties for fencing purposes.
RECOMMENDATION:
That the report entitled “Implementation and Control of
Corner Lot Fencing in Markham’s New Communities” dated May 21, 2002, to the
Development Services Committee, be received;
*
And that
Council give approval, in principle, to staff’s proposed approach to dealing
with various fencing matters within the Town which includes:
- A technical amendment of the
current Fence By-law to eliminate any areas of ambiguity in language or
intent;
- Creating a “Homebuyer’s Guide”
for the new communities within Markham to educate new residents on fencing
compliance and other relevant matters;
- Clearly setting out in purchase
and sale agreements and registered on title, the developer / builder
obligation to build corner lot fencing;
- Ensuring that fence by-law
information is posted in all sales trailers and sales offices.
And that
Council not proceed with a fence permitting system for privacy fences on
residential properties;
And further
that staff proceed with the proposed approach as outlined and report back to
Development Services Committee on progress made including an amended fence
by-law and including recommendations to ensure developers install proper
fencing prior to occupancy;
And
further, that staff report on the possibility of incorporating easements in
favour of the Town into subdivision agreements, to allow access to properties
for fencing purposes.
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* Amended by Council at its meeting
held May 28, 2002, to read as follows:
" within all areas of the Town"
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Other matters
considered by the Development Services Committee on May 21, 2002:
9. BOX GROVE SECONDARY PLAN (10.4)
Staff advised the
purpose of this presentation is to update the Committee regarding the status of
the Box Grove Secondary Plan and the two issues that have delayed the
development. The Toronto Catholic Cemetery site has been relocated to Reesor
Road and Steeles Avenue and the Town is now awaiting issuance of the Ministers
Zoning Orders to rescind the zoning of the original site. The Memorandum of
Understanding has been signed by the landowners, but not by the Town.
Committee discussed
realignment of 9th Line, the future widening of 14th
Avenue, and water allocation for 2400 lots in Box Grove.
Mr. Myron
Pestalewsky, representing the original landowners group, provided copies of the
MOU dated August, 2000, and requested the commitment date for the second phase
water allocation be amended. Staff advised a commitment cannot be made until
Regional studies have been completed in approximately September, 2002. Staff
also advised the road pattern cannot be confirmed until the Region's
Environmental Assessment has been completed.
Mr. Tom Farrar,
President of the Box Grove Community Association, addressed the Committee with
respect to water supply issues.
Mr. Stewart Higgens,
representing Toronto Catholic Cemeteries, provided assurances that they do not
intend to operate two cemeteries, and will submit formal confirmation that they
support the issuance of the Ministers Zoning Orders with respect to the
original cemetery site.
Staff summarized that
a staff report is scheduled to be presented to Development Services Committee
on June 18, 2002 regarding final adoption of the Box Grove Secondary Plan, and
that clarification regarding the Minister's Orders for the original cemetery
site will be provided.
RECOMMENDATION:
That the staff
presentation, and deputations by Mr. Myron Pestalewsky, representing the
original Box Grove landowners group, Mr. Tom Farrar, President of the Box Grove
Community Association, and Mr. Stewart Higgens, representing Toronto Catholic
Cemeteries, regarding the Box Grove Secondary Plan, be received.
10. MILLIKEN
MILLS MAIN STREET URBAN DESIGN STUDY (10.0)
Mr. Jamie Bennett and Mr. Dave
Richardson of Marshall Macklin Monaghan Limited, gave a
presentation regarding the Milliken Mills Main Street Urban Design Study. Mr.
Bennett reviewed the context of the study - to refine the vision for the
Milliken Mills Main Street, and to recommend actions that would implement the
vision. He described the key findings, and summarized three options:
1) "stay
the course" - a strategy to screen existing uses, involving minimal
intervention and
public
cost;
2) promote
rejuvenation as a community amenity area; or
3) change
the nature, function and character of the neighbourhood by expanding
residential
areas
and promoting commercial node, involving greater intervention and cost.
Mr. Bennett requested direction from
the Committee with regard to which option should be pursued. He suggested the
next steps would be consultation with the Ward Councillor and preparation of an
action plan. Property standards and zoning enforcement measures should be
considered.
Staff provided the September 14, 1998
minutes of the Milliken Subcommittee, containing extensive discussions on
traffic issues. It was noted that on May 14, 2002, Council imposed an Interim
Control By-law on the study area.
The Committee stated the importance
of the Main Street Vision being developed, even if difficult to do so. The area
in question is on the rapid transit corridor, and should be developed
appropriately.
RECOMMENDATION:
That the presentation by Mr. Jamie
Bennett and Mr. Dave Richardson of Marshall Macklin Monaghan
Limited, regarding the Milliken Mills Main Street Urban Design Study be
received;
And that the Milliken Mills
Subcommittee and Ward Councillor meet with staff and the consultants to develop
an action plan recommendation for implementation of the Milliken Main Street
Vision.
11. DESIGN
GUIDELINES FOR HIGHWAY 48 (10.0)
Mr. Gary Watchorn of MBTW gave a
presentation, and provided a document entitled "Urban Design Guidelines -
Commercial Lands, Wismer Markham Developments Inc", dated May 7, 2002,
regarding the Highway 48 corridor.
Committee discussed landscaping,
corner details, parking lots, intensifying residential and commercial use along
Bur Oak in conjunction with the Go Station, and issues relating to corporate
designs/identities.
Staff advised a report is scheduled
to be presented to Development Services Committee on June 18, 2002, regarding a
specific proposal on Highway 48 by Metrus, and the Urban Design Guidelines will
be part of that report.
RECOMMENDATION:
That the presentation by Mr. Gary
Watchorn of MBTW regarding the design
guidelines for Highway 48 be received.
12. MARKHAM
CENTRE LOGO (9.4, 10.8.1)
Ms. Sandra Pazienza of Visual Linx
Communications Inc. and Town staff, gave a presentation regarding the
production and evolution of the Markham Centre Logo. Ms. Pazienza discussed the
objectives of the logo being adaptable, and giving clear communication. The
blue/green colours, and environmental theme were emphasized in the sample
designs presented. The Committee indicated a preference for the examples with
architectural details.
RECOMMENDATION:
That the presentation by Ms. Sandra
Pazienza of Visual Linx Communications Inc. regarding the Markham Centre Logo
be received.
13. ROUGE
NORTH MANAGEMENT AREA
OFFICIAL PLAN AMENDMENT FRAMEWORK
(10.3)
Town staff gave a presentation regarding the
background of the Rouge North Management Plan process and the events leading up
to the preparation of the draft Official Plan Amendment framework. Mr. Lewis Yeager, General Manager of the
Rouge Park was in attendance and was acknowleged for his participation and
efforts with respect to the implementation process for the Rouge North
Management Plan. The Committee expressed appreciation to staff for their
hard work on this project.
RECOMMENDATION:
That the presentation and staff report entitled “Rouge North Management Area - Official Plan Amendment
Framework”, dated May 21, 2002 be received;
And that the Town schedule an
informal public open house session with stakeholders and agencies in June to present
the Rouge North Official Plan framework and obtain input into the preparation
of the formal Rouge North Official Plan Amendment;
And that staff prepare and
circulate for comment a draft Rouge North Management Area Official Plan
Amendment, following the informal public open house session;
And that staff schedule a
statutory public meeting following the comment period for the draft amendment;
And that the Town appoint a senior
staff team to work with the Rouge Park Alliance to coordinate discussions with
the Province of Ontario for the purpose of securing land acquisition funding
and/or Provincial legislation to implement the Little Rouge corridor as
recommended in the Rouge North Management Plan, and to coordinate efforts
across Town Commissions to implement the Rouge North Management Plan in the
Town of Markham;
And further that the Region of
York, Towns of Richmond Hill and Whitchurch-Stouffville, Provincial Minister of
Municipal Affairs and Housing, Provincial Minister of Natural Resources, Federal
Minister of Environment Canada, Federal Minister of Transport Canada and the
Rouge Park Alliance be forwarded a copy of this report.
14. 599730 ONTARIO INC., 7037 YONGE STREET
ZONING BY-LAW AMENDMENT TO RECOGNIZE EXISTING USES
(ZA 02 103293) (10.5)
Committee questioned parking
deficiencies, noting the improper use of Town property for parking, and
discussed complementary health issues. Staff advised that certain classes of
"office use" such as a medical clinic, could be prohibited in the zoning
by-law, and that the issues discussed will be further reviewed at the Public
Meeting.
RECOMMENDATION:
That a Public Meeting be held to
consider zoning by-law amendment application ZA 02 103293 submitted by 599730
Ontario Inc., to recognize the existing uses at 7037 Yonge Street.
15. HUMBOLD
PROPERTIES LIMITED, NORTH OF BUR OAK AVE.,
WEST OF 9TH LINE, ZONING BY-LAW AMENDMENT TO
ADJUST THE DEVELOPMENT STANDARDS FOR CERTAIN LANDS
AND TO PERMIT A DAY CARE/PRIVATE SCHOOL USE (ZO 02 105736)
PLAN OF SUBDIVISION 19T-95013 (GREENSBOROUGH) (10.5)
RECOMMENDATION:
That a Public Meeting be scheduled to consider
the application by Humbold Properties Limited to amend Zoning By-law 177-96, as
amended to adjust the development standards for
certain lands and to permit a day care/private school use within Plan of
Subdivision 19T-95013 (north of Bur Oak Avenue, west of 9th Line),
File: ZO 02 105736.
16. PALMA RESIDENTIAL GROUP, 8072 MCCOWAN
ROAD
PROPOSED PLAN OF SUBDIVISION (19TM-02002) AND
IMPLEMENTING ZONING BY-LAW AMENDMENTS
(ZA. 02-102456, SU. 02-102469) (10.5, 10.7)
RECOMMENDATION:
That a Public Meeting be held to consider Subdivision (SU
02-102469) and Zoning By-law Amendment (ZA.02-102456) applications, submitted
by Palma Residential Group, to permit a residential plan of subdivision at 8072
McCowan Road in the South Unionville Planning District.
17. SLOVAK
GREEK CATHOLIC CHURCH FOUNDATION
10370 WOODBINE AVENUE, CATHEDRAL COMMUNITY
ZONING AMENDMENT TO PERMIT A TEMPORARY
CONSTRUCTION ADMINISTRATION OFFICE (ZA 02 107333) (10.5)
RECOMMENDATION:
That
a Public Meeting be held to consider the zoning by-law amendment application
(ZA 02 107333) submitted by Slovak Greek Catholic Church Foundation to permit a
temporary construction administration office at 10370 Woodbine Avenue.
ADJOURNMENT
The Development Services Committee
meeting adjourned at the hour of 2:30 p.m.