MINUTES
DEVELOPMENT SERVICES COMMITTEE
2004-03-23
Meeting No.6
PART A - 12:00 p.m. –
Canada Room
PART B - 1:00 p.m. -
Council Chamber
Attendance
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J. Livey, Chief Administrative Officer
J. Baird, Commissioner of
Development Services
M.F. Turner, Commissioner of
Strategy, Innovation and Partnerships
A. Taylor, Commissioner of Corporate
Services
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
S. Birrell, Town Clerk
V. Shuttleworth, Director of
Planning and Urban Design
A. Brown, Director of Engineering
B. Wiles, Manager, Enforcement and
Licensing
D. Clark, Town Architect
S. Richardson, Chief Fire Prevention
Officer
R. Kendall, Senior Project
Coordinator
K. Bavington, Committee Clerk
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The Development Services Committee
convened at the hour of 12:05 p.m. in the Canada Room with Councillor G.
McKelvey in the Chair.
DISCLOSURE OF INTEREST
Councillor J. Virgilio disclosed an
interest with respect to Item # 6, the proposed development by Delmark
Investment Company at 85 Royal Crest Court, by nature of having represented the
owner, Delmark Investments, and did not take part in the consideration or
discussion of or vote on the question of the approval of such matter.
Councillor G. McKelvey disclosed an
interest with respect to Item # 10, the application by Markville Shopping
Centre by nature of the mall being owned by the Ontario Teacher’s Pension Plan
Fund of which he is a member, and did not take part in the consideration or
discussion of or vote on the question of the approval of such matter.
Regional Councillor J. Heath disclosed
an interest with respect to Item # 11, the application by Markville Shopping
Centre by nature of the mall being owned by the Ontario Teacher’s Pension Plan
Fund of which his mother is a member, and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
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In-Camera
The
Committee recessed In-camera at 12:05 p.m. and rose at 1:00 p.m.,
and
again from 3:30 to 4:35 to discuss confidential matters.
The
Committee will report out at Committee of the Whole on March 30, 2004.
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1. ACCEPTANCE
FOR MAINTENANCE OF RESIDENTIAL
SUBDIVISIONS REGISTERED PLAN NUMBERS: 65M-3487,
65M-3515, 65M-3337 AND 65M-3459
ENGINEERING FILES: 3074 PHASES 1 & 2A AND 1061 PHASES 1 & 2
(10.7) Weblink
Moved by: Councillor K. Usman
Seconded by: Councillor J. Webster
That the services in
Subdivision, Registered Plan Numbers 65M-3487, 65M-3515, 65M-3337 and 65M-3459,
be accepted;
And that
by-laws be enacted by Council to accept these subdivisions and to establish
each of the roads within the residential subdivisions 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 Speed By-law # 105-71, by including a
maximum speed of 40 kilometers per hour for 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.
CARRIED
2. AFFORDABLE
HOUSING
TERMS OF REFERENCE FOR
FINANCIAL INCENTIVES STUDY (10.7, 7.0)
Committee
directed that the study investigate the initiatives of other GTA
municipalities, in addition to the Region.
Moved by: Regional Councillor J. Heath
Seconded by: Councillor K. Usman
That Council
approve the proposed Terms of Reference as the basis for a detailed study of
potential financial incentives for affordable housing;
And that
Council approve an upset limit of $25,000 to engage a consultant to assist with
the financial incentives study, funding to be provided from the 2004 Operating
Budget Corporate Contingency account;
And that
staff report back to Development Services Committee in May, 2004 with the
results of the Financial Incentives for Affordable Housing Study.
CARRIED
3. 16TH & MCCOWAN HOLDINGS
LIMITED, PHASE 1
(FORMERLY THE BRIDGE/16TH AVENUE & MCCOWAN HOLDINGS LTD) 5330,
5430 & 5440 SIXTEENTH AVENUE
PLAN OF SUBDIVISION AND IMPLEMENTING ZONING BY-LAW
WISMER COMMONS COMMUNITY
(SU 02 115896 (19TM-02011) ZA 02 115894) (10.5, 10.7) Weblink
Moved by: Regional Councillor B. O'Donnell
Seconded by: Regional Councillor J. Jones
That the Record of Public
Meeting held on December 3, 2002, regarding the proposed draft plan of
subdivision and zoning by-law amendment applications (SU 02 115896 & ZA 02
115894) submitted by 16th
& McCowan Holdings Limited be received;
And that the first phase (119 units) of draft plan of subdivision
19TM-02011 (SU 02 115896) located on the north side of Sixteenth Avenue, east
of McCowan Road, proposed by 16th & McCowan Holdings Limited, be
draft approved, subject to the conditions outlined in Appendix ‘A’ (attached to
the official minutes in the Clerk's Department);
And that zoning by-law amendment
application (ZA 02 115894) to amend By-laws 304-87, as amended, and 177-96, as
amended, submitted by 16th & McCowan Holdings Limited,
for lands located on the north side of Sixteenth Avenue, east of McCowan Road,
be approved and the implementing Zoning By-laws, Appendix ‘B’ (attached to the
official minutes in the Clerk's Department) be enacted;
And that the applicant provide to the Town the 30% payment of the
required subdivision processing fees in accordance with the Town’s Fee By-law
(By-law 170-2000);
And that water supply allocation for 119 units be granted to 16th
& McCowan Holdings Limited, subject to written confirmation from the
Trustee of the Wismer Commons Developers’ Group that water supply has been made
available from the total allocation granted to the Wismer Commons Community by
the Town;
And that the Town reserves the right to revoke or reallocate water
supply allocation should the development not proceed in a timely manner;
And that registration of
16th & McCowan Holdings Limited, 19TM-02011 Phase 1 in respect to interim
sanitary capacity, sewage allocation and water supply be subject to conditions
listed in this report;
And that the Wismer Commons
Development Phasing Plan be updated to reflect the revision to the phasing of
development as outlined in the report dated March 23, 2004, and further;
And that the Region of York be advised of the sewage and water supply
allocation for this development.
CARRIED
4. INFORMATION REPORT, WHITE PAPER ON
WATERSHED-BASED SOURCE PROTECTION PLANNING (10.0) Weblink
Committee directed that "in
principle" be removed from the second clause of the recommendation, to
indicate strong support.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Regional Councillor B. O'Donnell
That the staff report
entitled “Information Report – White Paper on Watershed-based Source Protection
Planning”, dated March 23, 2004 be received;
And that
Council support the approach proposed by the Provincial government on source
water protection planning, subject to clarification of tasks and funding
arrangements, prior to release of the draft legislation;
And that Council urge the
Provincial Government to secure the necessary financial resources to support
the Watershed-based Source Protection planning program and its future
implementation at the local level;
And that this report be
forwarded to the Ministry of the Environment, Environmental Bill of Rights
(EBR) Registry Number PA04E003, as the Town’s response to the White Paper on
Watershed-based Source Protection Planning;
And that this report be
forwarded to the Region of York and Toronto Region Conservation Authority for
information.
CARRIED
5. WATER ALLOCATION AND SEWAGE UPDATE
REGION OF YORK (5.3)
Staff
provided an update with respect to water allocation and sewage. Staff advised
there are delays in advancing the Region of Peel's infrastructure, which may
delay delivery of additional water supply for Markham to the fall of 2007. The
current allocation will be utilized before then. The Region is currently
negotiating with the City of Toronto to obtain a short-term supply. Committee
directed that a written explanation of the causes for the delay be provided to
Committee of the Whole on March 30, 2004. Committee was also advised of delays
to the 16th Avenue Trunk Sewer project, which is now anticipated to
be completed by 2007 instead of 2005; delays to the southeast collector
project; and the request by the Rouge Park Alliance for a Federal Environmental
Assessment for the 16th Avenue sewer.
Committee discussed the implications
to development and the general local economy, and supported a strategic
combining of resources of all the affected municipalities. It was agreed that
the Provincial and Federal levels should also be involved; that the working
groups to be formed be co-chaired by the Mayors of Richmond Hill, Vaughan, and
Markham; and that Bill Fisch, Michael Garrett, and Regional staff be invited to
observe at the meetings. The mandate of the proposed working groups will be
finalized by the groups, particularly the need for media communications.
Committee
stated that the Town of Markham must manage its own destiny and build the
necessary relationships in order to do so.
Staff was
directed to prepare a chronology of events regarding the regional servicing
projects, and prepare a statement of the potential financial impacts, including
any budgetary considerations such as staffing adjustments and travel expenses
that may be incurred in the resolution of this matter. Staff was also
authorized to communicate the situation to the Developers Round Table.
Moved by:
Councillor J. Virgilio
Seconded
by: Councillor S. Daurio
That the
presentation by staff, with respect to water allocation and sewage be received;
And that a written explanation of the causes for the delays
to the provision of water allocation be provided to Committee of the Whole on
March 30, 2004;
And that
a working group consisting of Mayors, Regional
Councillors and senior staff from Markham, Richmond Hill, Vaughan and York
Region be established whose mandate will be:
-
To review
timing of critical Regional water and sewage infrastructure including:
Sanitary
Sewer
-
16th
Avenue Trunk Sewer
-
Southeast Trunk Sewer
-
Duffin Creek plant upgrades/expansions
Water
Supply
-
Region of Peel contracts
-
Short term Toronto supply
- To promote ongoing communications
- Province
(MOE, MMA)
- Federal
(DFO)
- Media
-
Developers/UDI
-
Other (TRCA, Rouge Alliance, etc.)
- To review approvals and
construction schedule
- Milestones
and deadlines
-
Meetings/presentations to approval agencies;
And
that a working group consisting of Regional, Municipal engineering staff and
consultants be established to address the technical aspects of delivering the
critical Regional infrastructure;
And
that the following Municipal representatives be advised accordingly;
- Region
of York – Bill Fisch, Regional Chair, and Michael Garrett, CAO, and Kees
Schipper, Commissioner
of Transportation and Works
- Town of Richmond Hill – David Weldon, CAO and
Bruce McGregor, Commissioner of Engineering and Public Works
- City of Vaughan – Michael DeAngelis, CAO and
Bill Robinson, Commissioner of
Engineering and
Public Works
CARRIED
6. SITE PLANS - TAXI LICENSE STANDS (10.6)
The Clerk was directed to provide a list of
optimum locations for taxi stands.
Moved by: Councillor K. Usman
Seconded by: Regional Councillor J.
Heath
That
comments regarding the requirement for taxi stands in site plan considerations
be received;
And that
staff confirmation that the requirement for taxi stands will be incorporated
into site plan policy for larger scale commercial/institutional developments,
be received.
Public Meeting - to Council
7. DELMARK INVESTMENT COMPANY, 85 ROYAL CREST COURT
ZONING BY-LAW AMENDMENT TO PERMIT A PLACE OF WORSHIP
(ZA 03 114598) (10.5)
Councillor J. Virgilio disclosed
an interest with respect to the proposed development by Delmark Investment
Company at 85 Royal Crest Court, by nature of having represented the owner,
Delmark Investments, 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
zoning by-law amendment application, File
ZA 03 114598, submitted by Delmark Investment Company, to permit a place
of worship at 85 Royal Crest Court.
Committee
was advised that 150 notices were mailed on March 3, 2004, and a Public Meeting
sign was posted on February 23, 2004. There were two petitions received in
objection, with a total of 30 signatures from owners of condominium units
located at 145 Royal Crest Court.
Staff gave a presentation regarding
the proposal, the location, surrounding uses, and proposed uses of the subject
property. Staff noted all outstanding issues are not zoning matters and can be
dealt with through the site plan.
A representative of the applicant was
in attendance to answer any questions. There were no comments from the audience
with respect to this application.
Moved by: Councillor D. Horchik
Seconded by: Regional Councillor J.
Jones
That the two petitions with a total of
30 signatures from owners of condominium units located at 145 Royal Crest, in
objection to the rezoning application File ZA 03 114598 by Delmark Investment Company, for a place of
worship at 85 Royal Crest Court, be received;
And
that the Record of the Public Meeting held on March 23 2004 with respect to
"Delmark Investment Company, proposed zoning by-law amendment to permit a
place of worship at 85 Royal Crest Court", be received;
And
that the application to amend Zoning By-law 108-81, as amended, be enacted
without further notice.
CARRIED
8. ABIDIEN INC. (BEST HOMES),
296 HELEN AVENUE
SOUTH UNIONVILLE PLANNING DISTRICT, PT LOT 8 & 9, CONC 6
ZONING BY-LAW
AMENDMENT TO PERMIT TOWNHOUSES
(ZA.04-005481) (10.5)
The Chair
advised that the subject of the Public Meeting this date was to consider the
zoning by-law amendment application, File
ZA 04 005481, submitted by Abidien Inc. (Best Homes), to permit
townhouses at 296 Helen Avenue.
Committee
was advised that 30 notices were mailed on March 3, 2004, and a Public Meeting
sign was posted on March 2, 2004. One written submissions was received from F.
and I. Kunzel, 304 Helen Avenue, in opposition.
Staff gave a joint presentation of
three proposed development applications by Abidien Inc. (Best Homes) for
townhouses at 296, 258 and 123 to 231 Helen Avenue. The presentation described
each development with respect to the location, surrounding uses, and proposed
uses of the subject properties. Staff advised they have arranged to address the
concerns of Mr. Kunzel.
Glenn Baron, 251 Helen Avenue,
addressed the three applications. With respect to the application at 296 Helen
Avenue, he advised that he had no objection to the frontages on Harry Cook
Drive, subject to design details, and he noted that a tree preservation plan
has not been a consistent requirement.
Joanne Barnett, representing the
applicant, Abidien Inc., was in attendance to answer questions.
Staff responded to comments, and
confirmed that the outstanding issues can be dealt with by Plan of Subdivision.
Moved by: Councillor D. Horchik
Seconded by: Regional Councillor J.
Jones
That the written submission by F. and
I. Kunzel objecting to zoning application File ZA 04 005481 submitted by Abidien Inc. (Best Homes) to permit
townhouses at 296 Helen Avenue, be received;
And that
the deputation by Glenn Baron regarding the rezoning application, File ZA 04 005481, submitted by Abidien
Inc. (Best Homes), be received;
And
that the Development Services Commission information report dated February 17,
2004, entitled "Abidien Inc. (Best Homes) Zoning By-law Amendment to
permit 9 townhouse units at 296 Helen Avenue South Unionville Planning
District, Pt. Lot 8 and 9, Concession 6, (File ZA.04-005481)" be received;
And
that the Record of the Public Meeting held on March 23 2004 with respect to the
proposed amendments to By-law 177-96 be received;
And
that the application by Abidien Inc. (Best Homes) to amend By-law 177-96 be
approved;
And
further that the proposed amendment to By-law 177-96 be enacted without further
notice.
CARRIED
9. ABIDIEN INC. (BEST HOMES), 258 HELEN
AVENUE
SOUTH UNIONVILLE PLANNING DISTRICT
ZONING BY-LAW AMENDMENT TO PERMIT TOWNHOUSES
(ZA.03-118368)(10.5)
The Chair
advised that the subject of the Public Meeting this date was to consider the
zoning by-law amendment application, File
ZA 03 118368, submitted by Abidien Inc. (Best Homes), to permit
townhouses at 258 Helen Avenue.
Committee
was advised that 49 notices were mailed on March 3, 2004, and a Public Meeting
sign was posted on March 2, 2004. There were no written submissions received.
Staff gave a joint presentation of
three proposed development applications by Abidien Inc. (Best Homes) for
townhouses at 296, 258 and 123 to 231 Helen Avenue. The presentation described
each development with respect to the location, surrounding uses, and proposed
uses of the subject properties.
Glenn Baron, 251 Helen Avenue,
addressed the three applications. With respect to the application at 258 Helen
Avenue, he had no concerns and advised that the details are being worked out.
Joanne Barnett, representing the
applicant, Abidien Inc., was in attendance to answer questions.
Staff confirmed that the application
is ready to be approved, but the by-law will not be presented to Council until
the rear lane has been conveyed to the Town, and final details are resolved.
Moved by: Councillor D. Horchik
Seconded by: Councillor K. Usman
That the
deputation by Glenn Baron, 251 Helen Avenue, commenting on rezoning application
File ZA 03 118368 submitted by
Abidien Inc. (Best Homes), be received;
And
that the Development Services Commission information report dated January 20,
2004, entitled "Abidien Inc. (Best Homes) Zoning By-law Amendment to
rezone the subject lands to permit townhouses in South Unionville Planning
District, File ZA 03 118368" be received;
And
that the Record of the Public Meeting held on March 23 2004 with respect to the
proposed amendments to By-law 177-96 be received;
And
that the application by Abidien Inc. (Best Homes) to amend By-law 177-96 be
approved;
And
further that when the rear lane has been
conveyed to the Town, the proposed amendment to By-law 177-96 be
enacted without further notice.
CARRIED
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Other matters considered by Development Services Committee on
March 23, 2004
10. PRESENTATION OF SERVICE AWARDS (12.2.6)
The following employees were
presented with service awards:
Nicholas
Webb, Fire Prevention Officer, Fire Department - 10 years
Robert
Penner, Supervisor, Business Improvement, Asset Management - 10 years
Kenneth
Gunn, Election/Special Projects, Clerks Department - 3 years
Klaus
Wendland, Driver Trainer/Inspector, Human Resources - 3 years
William
Hamilton, Architectural Plans Examiner, Building Services - 3 years
11. REPORT ON
INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF FEBRUARY 6, 2004 TO FEBRUARY 27, 2004
(10.0) Weblink
Regional Councillor B. O'Donnell assumed the Chair for this item.
Councillor G. McKelvey disclosed an interest with respect to the
application by Markville Shopping Centre by nature of the mall being owned by
the Ontario Teacher’s Pension Plan Fund of which he is a member, and did not
take part in the consideration or discussion of or vote on the question of the
approval of such matter.
Regional Councillor J. Heath disclosed an interest with respect to the
application by Markville Shopping Centre by nature of the mall being owned by
the Ontario Teacher’s Pension Plan Fund of which his mother is a member, and
did not take part in the consideration or discussion of or vote on the question
of the approval of such matter.
Moved by: Regional Councillor J. Jones
Seconded by: Deputy Mayor F. Scarpitti
That
Committee receive the report entitled “Report on Incoming Planning Applications
for the period of February 6, 2004 to February 27, 2004” and direct staff to
process the applications in accordance with the route outlined in the report.
CARRIED
12. DELEGATED APPROVALS UNDER BY-LAW
2002-202
(DM 2001-03) (10.6) Weblink
Moved by: Councillor K. Usman
Seconded by: Councillor J. Webster
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 23, 2004.
CARRIED
13. ALAWN LAI, 6155 16TH
AVENUE
REZONING APPLICATION TO PERMIT FOUR NEW SINGLE
DETACHED RESIDENTIAL LOTS (ZA 04 007115) (10.5) Weblink
Moved by: Councillor K. Usman
Seconded by: Councillor J. Webster
That
the application submitted by Alawn Lai for
rezoning 6155 16th Avenue from Rural Residential (RR4) in By-law
304-87 to Residential Two - Special (R2-S) in By-law 177-96 to
permit four new single detached residential lots (File ZA 04 007115) be referred back to staff for
further review and analysis;
And that a Public Meeting be
held to consider the application once the issues identified in this report are
sufficiently resolved to staff’s satisfaction.
CARRIED
14. BRANSTONE ESTATES
INC. (GREENPARK HOMES)
WEST SIDE OF MCCOWAN ROAD, NORTH OF BUR OAK AVENUE
(BLOCKS 72, 73 AND 75, PLAN 65M-3719)
ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
FOR CONDOMINIUM TOWNHOUSES (ZA.04-006288 & SC.04-006347)
(10.5, 10.6) Weblink
Moved by: Councillor K. Usman
Seconded by: Councillor J. Webster
That a Public Meeting be held to consider the applications submitted
by Branstone Estates Inc. (Greenpark Homes) (Files ZA.04-006288
& SC.04-006347) for
Zoning By-law Amendment and Site Plan Approval for three blocks of condominium
townhouses, Blocks 72, 73 and 75, of Registered Plan 65M-3719, west side of
McCowan Road, north of Bur Oak Avenue in the Berczy Village Community, once the
concerns noted in this report have been resolved to the satisfaction of the
Commissioner of Development Services.
CARRIED
15. EL-EN REALTY LIMITED AND HAREMAR REALTY
LTD.
SOUTHWEST CORNER OF MAJOR MACKENZIE DRIVE
AND MCCOWAN ROAD, BERCZY VILLAGE COMMUNITY
ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION APPROVAL (ZO.98-229082
& SU.98-229081) (10.5, 10.7)
Weblink
Moved by: Councillor K. Usman
Seconded by: Councillor J. Webster
That a Public Meeting be held to consider the applications submitted by
EL-En Realty Limited and Haremar Realty Limited (Files
ZO.98-229082 & SU.98-229081) for Zoning By-law Amendment and
Draft Plan of Subdivision Approval for Draft Plan 19TM-98020 in the Berczy
Village Community, once the valley land has been delineated and incorporated
into the draft plan, to the satisfaction of the TRCA and the Town.
CARRIED
16. DESIGNATION
UNDER PART IV OF THE ONTARIO HERITAGE ACT
31 HELEN AVENUE, HELMKE-WHITEOAK-BRANDER HOUSE
OWNER: GREENBELT VOLKSWAGEN (16.11.3) Weblink
The Committee had before it, correspondence from
William Gerrard of WGC Services, on behalf of the property owners, Greenbelt
Volkswagen, requesting consideration of the designation be postponed.
Moved by: Regional Councillor J. Jones
Seconded by: Councillor J. Virgilio
That the correspondence from William Gerrard of WGC
Services, on behalf of the property owners, Greenbelt Volkswagen, requesting
consideration of the designation of the Helmke-Whiteoak-Brander House at 31 Helen
Avenue be postponed, be received;
And that the
“Helmke-Whiteoak-Brander House” at 31 Helen Avenue be deferred to the
Development Services Committee meeting scheduled for April 30, 2004, to allow
for ongoing discussions between the applicant and staff.
CARRIED
17. JOHN ALEXANDRIS, 56, 58 AND 60 RIVER BEND
ROAD
SITE PLAN APPROVAL TO PERMIT THREE SINGLE DETACHED
DWELLING UNITS (SC. 03-115668, SC. 03-115682, SC. 03-115683)
(10.6) Weblink
Moved by: Regional Councillor J. Jones
Seconded by: Councillor J. Virgilio
That the site plan applications
submitted by John Alexandris for the properties located at 56, 58 and 60 River
Bend Road be approved, subject to the following conditions:
1.
That the Owner enter a
Site Plan Agreement with the Town containing all standard provisions and
requirements of the Town and public agencies and include the following:
(a)
Provision for payment
by the Owner of all applicable fees,
recoveries, cash-in-lieu of parkland, and Developers Group obligations;
(b)
Provision to ensure that
the Owner obtains a demolition permit from the Building Department, prior to
removal of the existing single detached house on the subject lands;
(c)
Provision to ensure that
the Owner obtains all the necessary building permits from the Building
Department, prior to any construction on the subject lands;
(d)
Provision to ensure that
the Owner decommissions the existing septic system located on the subject
lands, prior to any construction, to the satisfaction of the Director of
Building;
(e)
Provision requiring the
Owner to post sufficient securities to ensure proper construction on the
subject lands, including full compliance with all approved drawings and Town
and public agency requirements;
(f)
Provision to ensure that
the environmental buffer is restored and landscaped by the Owner, to the
satisfaction of the Town;
(g)
Provision to ensure that
all structures constructed on the subject lands shall be floodproofed to the
satisfaction of the Toronto and Region Conservation Authority;
(h)
Provision to ensure that
the Owner complies with all requirements of the Toronto and Region Conservation
Authority. Further, that the Owner covenants and agrees to indemnify and save
the Town harmless from all actions, suits or claims whatsoever which may arise
should flooding occur on the subject lands;
(i)
Provision to ensure that
no trees will be removed from the subject lands, without prior approval from
the Commissioner of Development Services;
(j)
Provision to ensure that
tree protection/siltation fencing is installed prior to the beginning of any
movement of soil on the site, initiation of any demolition, grading or
construction on the site;
(k)
Provision requiring the
Owner to plant a naturalized hedge along the rear of the proposed new property
line;
(l)
Provision requiring the
Owner to include in all offers of purchase and sale a clause advising the
purchasers of a 5 metre no build zone (environmental buffer) located within the
subject property;
(m)
Provision requiring the
Owner to post sufficient securities to ensure compliance with all applicable
landscape matters such as tree preservation, fencing, landscaping and
streetscape requirements of this agreement;
(n)
Provision advising the
Owner that the Town may at its discretion, install a chain link fence in the
future along the rear of the proposed new property line;
(o)
Provision to ensure that
the subject lands remain free of refuse, junk, debris or other material, while
the parcel remains vacant, and that any such refuse, junk, debris, or other
materials will be removed from the subject lands at the expense of the Owner;
(p)
Provision to ensure that
the Owner contacts the Operations Department to arrange and pay for the
installation of culverts for the proposed driveways;
(q)
Provision to ensure that
the Owner agrees to provide a minimum 1.2 metre clearance from the existing or
proposed utilities to the driveway. The
Owner will be required to pay all cost associated with the relocation of
utilities if so required and restore the boulevard to the satisfaction of the
Town;
(r)
Requirements for
municipal connections (sanitary and water) and driveway access;
(s)
Provision to ensure that
new houses will be connected to the existing sanitary sewer at the property
line, to the satisfaction of the Director of Engineering; and
(t)
Provision to ensure that
the Owner acknowledges that there are no storm sewers on River Bend Road to
service the subject property, and that the Owner covenants and agrees to
indemnify and save harmless the Town from responsibility of liability for any
damages caused due to basement flooding.
2.
That the site plans,
elevations, and landscaping drawings be finalized to the satisfaction of the Commissioner
of Development Services;
3.
That the Owner’s
Arborist certify that the tree preservation fencing has been installed
correctly, as per Arborist Map 1, 28 River Bend Road, July 30, 2003 prior to
execution of the site plan agreement;
4.
That the Owner finalize
conditions of severance, including execution of the Development Agreement
prepared for the subject properties;
5. That
the Owner convey to the Town free of costs and encumbrances the valley
lands from the confirmed top-of-bank of
the Rouge River, plus a 5 metre environmental buffer; and
6. That
should the development not proceed in a timely manner, this site plan approval
shall lapse 3 years from the date of approval by the Development Services
Committee.
CARRIED
18. DEVELOPING
A STRATEGY FOR SECOND SUITES (10.7)
Staff made a presentation regarding second suites. In
May, 2003, Council directed that staff pursue Option # 1: No new zoning
provisions; enhance current procedures. Staff have developed eight (8)
recommendations for procedural enhancements for grandfathered second suites. If
the Committee endorses the recommendations, staff will provide a follow-up
detailed report.
Discussions on Option # 1 included:
- the demands on services
- tax assessment value
- the need for public input
- bylaw enforcement and prosecution processes
- whether the $600 fee is appropriate and whether
having the By-law Enforcement Department take the lead instead of the Fire
Department, would result in lower costs
- is the fee tax-deductible
- complaints against second suite properties appear to
be related to property standards rather than the use
- health and safety issues
- legal liabilities
- the MPAC database can be used to identify the number
of tenants in Markham
Committee expressed interest in examining Option # 4
in more detail. Committee requested information be provided at Committee of the
Whole on March 30, on whether the $ 600 application fee would be
tax-deductible.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor J. Webster
That the staff presentation regarding second suites be
received;
And that the Development Services Committee endorses in principle, eight recommended procedural
enhancements as a base condition for the preferred strategy, Option # 1(No new
zoning provisions; enhance current procedures) for legislated
"grandfathering" only:
1. Clarify definition of two unit house
2. Introduce new declaration form
3. Fire
designated as "Lead" Department
4. Commitment
to AMANDA reference system
5. Amendments
to Registration By-law
6. Consistent
Inspection/Enforcement/Registration Process
7. Communication
Component
8. Budget/Resource
Issues;
And that staff be directed to provide
a joint report on implementation of the
preferred strategy, Option # 1, including
further detail regarding staffing implications, to Finance and
Administrative Committee and Development Services Committee;
And that, after staff
report back, Public Information Meetings be held on possible strategies for
second suites in Markham and on the subject of fees.
CARRIED
Moved by: Regional Councillor J. Heath
Seconded by: Councillor K. Usman
That staff bring back a further report on issues and possible
strategy for introduction of Option # 4: New zoning provisions Town-wide.
CARRIED
NEW BUSINESS
19. MARKHAM CENTRE STEERING COMMITTEE (10.8)
Moved by:
Deputy Mayor F. Scarpitti
Seconded
by: Regional Councillor B. O'Donnell
That the
Markham Centre Steering Committee be reinstated as a monthly standing
committee.
CARRIED
PART C
Public Meeting
7:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
V. Shuttleworth, Director of
Planning and Urban Design
R. Kendall, Senior Project
Coordinator
B. Karumanchery, Senior Project
Coordinator
D. Cheng, Planner
N. Surti, Planner
K. Bavington, Committee Clerk
|
The Development Services Committee
convened at the hour of 7:05 p.m. in the Council Chamber with Councillor G.
McKelvey in the Chair.
20. ABIDIEN INC. 123 TO 231 HELEN AVENUE
SOUTH UNIONVILLE, ZONING BY-LAW AMENDMENT
AND SUBDIVISION APPLICATION TO PERMIT 70 TOWNHOUSE
UNITS (SU.03-119056, ZA.03-115824) (10.5, 10.7)
The Chair
advised that the subject of the Public Meeting this date was to consider the
zoning by-law amendment and subdivision applications, Files SU 03 119056 and ZA 03 115824,
submitted by Abidien Inc. (Best Homes), to permit townhouses at 123 to 231
Helen Avenue.
Committee
was advised that 26 notices were mailed on March 3, 2004, and a Public Meeting
sign was posted on March 2, 2004. There were no written submissions received.
Staff gave a joint presentation of
three proposed development applications by Abidien Inc. (Best Homes) for
townhouses at 296, 258 and 123 to 231 Helen Avenue. The presentation described
each development with respect to the location, surrounding uses, and proposed
uses of the subject properties.
Glenn Baron, 251 Helen Avenue,
addressed the three applications. With respect to the application at 123 to 231
Helen Avenue, he advised of grading concerns as a result of adjacent
development, and noise attenuation issues.
Joanne Barnett, representing the
applicant, Abidien Inc., was in attendance to answer questions.
Staff responded to comments, and
agreed to have engineering staff review the grading with Mr. Baron.
Moved by: Councillor D. Horchik
Seconded by: Councillor K. Usman
And that
the deputation by Glenn Baron with concerns regarding the rezoning and
subdivision applications Files SU 03
119056 and ZA 03 115824, submitted by Abidien Inc. (Best Homes), be
received;
And
that the Development Services Commission information report dated January 20,
2004, entitled "Abidien Inc. Zoning by-law amendment and subdivision
application to permit 70 townhouse units, 123 to 231 Helen Avenue, South
Unionville, Files SU 03 119056 and ZA
03 115824" be received;
And
that the Record of the Public Meeting held on March 23 2004 with respect to the
applications for subdivision approval and zoning by-law amendment submitted by
Abidien Inc., be received;
And further that the applications be referred
back to staff for a report and recommendation following the Public Meeting.
CARRIED
ADJOURNMENT
The Development Services Committee meeting adjourned at the hour of
8:00 p.m.