DEVELOPMENT SERVICES COMMITTEE
2001-02-20
Meeting No. 5
PART A
Presentations, Major Studies and Issues Agenda
Attendance
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M.F. Turner,
Commissioner of Development
Services
J. Baird,
Director of Planning
L. Irvine,
Manager, Urban Design
B.
Karumanchery. Project Co-ordinator
J.
Bosomworth, Project Co-ordinator
S. Wiles,
Planner
D. Miller,
Planner
K.
Bavington, Committee Clerk
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The
Development Services Committee convened at the hour of 2:00 p.m. in the Council
Chambers with Councillor G. McKelvey in the Chair.
DISCLOSURE OF INTEREST - none declared.
1. PRESENTATION OF SERVICE AWARDS, FILE: 12.2.6
The presentation of
service awards was deferred to a future meeting.
2. TREE PRESERVATION BY-LAW, FILE: 2.21
L. Irvine,
Manager of Urban Design made a presentation respecting the tree preservation
by-law. Provincial Legislation now enables municipalities to enact by-laws
affecting private property. The various approaches of GTA municipalities were
reviewed, and Committee requested a written copy of the presentation.
RECOMMENDATION:
That the
consideration of a municipal tree preservation by-law be referred to a Part A
session of the Development Services Meeting at the end of March or early April.
PART
B
Report
Agenda
3. KUBOTA CANADA LANDS, 1495 DENISON ST
RELEASE
OF PART OF SITE PLAN AGREEMENT, FILE: 10.6
Ms.
Irene Matthews, solicitor for the applicant, was in attendance.
RECOMMENDATION:
That
clauses 8 and 16(n) of the Site Plan Agreement for the Kubota Canada Lands at
1495 Denison Street, registered on November 27, 1984 as Instrument LT202225 on
title to Lots 19, 20 and 21, 65M-2230 be released from title to the lands;
And
that the Mayor and Clerk be authorized to execute the associated release on
behalf of the Town.
4. NOBLE INTERNATIONAL HOLDINGS, 772544 ONTARIO INC.
216 HELEN AVE., CONDITIONS OF
DRAFT APPROVAL, FILE: 10.7
B. Karumanchery, Project Co-ordinator, gave a presentation on the
proposed amendment to the Site Plan Agreement for 772544 Ontario Inc., at 216
Helen Ave., and explained the ongoing negotiations with land owners. The
Committee discussed the reduction of park lands, timing of completion of parks,
and whether 25% holdback would be a sufficient incentive to the developer.
Glen Baron, 251 Helen Avenue, expressed concerns for the laneways and
access. He requested more information and community involvement be provided.
The Committee directed that staff meet with Mr. Baron to provide clarification.
RECOMMENDATION:
That the following
revisions to conditions of draft plan approval for Plan 19TM-97009, 772544
Ontario Inc., at 216 Helen Avenue, be approved:
1. Twenty-five percent
(25%) of the residential units within this Plan will not be released for
registration until such time as arrangements for the conveyance and
construction of South Unionville Avenue to the west of this Plan, including
signalization at Kennedy Road, have been finalized to the satisfaction of the
Director of Engineering.
2. The
lots abutting Helen Avenue will not be released for registration until such
time as arrangements with respect to the servicing and reconstruction of Helen
Avenue have been finalized to the satisfaction of the Director of Engineering.
And
that staff meet with Mr. Glen Baron, 251 Helen Avenue, with respect to this
matter.
5. INTERIM CONTROL BY-LAW (ZA.00-242140)
WOODBINE CORRIDOR STUDY, FILE:
10.0
RECOMMENDATION:
That the recommendations of the
Woodbine Corridor Urban Design Study, prepared by Brook McIlroy, dated December
2000, as they apply to the commercial lands within the area of By-law 1507,
including the lands covered by Interim Control By-law 2001-3 (municipally known
as 8551, 8555, 8561, 8601, 8625 and 8629 Woodbine Avenue and 3088 and 3130
Highway 7), be endorsed and incorporated into appropriate Official Plan and
Zoning By-law Amendments;
And that a public meeting be scheduled to
consider Official Plan and Zoning By-law Amendments to:
1.
redesignate and rezone the lands on the northeast corner of
Woodbine Avenue and Highway 7, being 8551, 8555, 8561, & 8601 Woodbine
Avenue (formerly Knob Hill Farms) to Business Corridor Area in the Official
Plan and to permit Business Corridor uses
in the zoning by-law, including a supermarket with a seasonal outdoor display;
2. rezone the lands on the northeast
corner of Lunar Crescent and Woodbine Avenue (DKM Used Cars and Central Outdoor Marine), to reflect the current
Business Corridor Area designation in the official plan and the land use and
zoning standards recommended in the Woodbine Corridor Urban Design Study;
3. redesignate and rezone the lands on the
northwest corner of Lunar Crescent and
Highway 7, being 3088 Highway 7 (Burger King site) to Business Corridor
Area in the Official Plan and to permit
Business Corridor uses in the zoning by-law, and to recognize the existing free-standing restaurant use;
4. redesignate the lands on the northeast corner
of Lunar Crescent and Highway 7, being 3130 and 3150 Highway 7 (BCD Place and Bowood Plaza) to Commercial Corridor Area in
the Official Plan to reflect appropriate land uses, including the existing
plaza, for these lands and to eliminate outside storage as a permitted use in
the Official Plan.
And that staff
be directed to review the zoning of the lands at 3130 and 3150 on Highway 7
(BCD Place and Bowood Plaza), to permit Commercial Corridor uses, as part of
the Town-wide Employment lands zoning program currently underway.
And that these proposals for Official Plan
and Zoning By-law amendments be referred back to staff for a further report
following the public meeting.
And further that staff request the Region of
York to exempt the Official Plan amendments from any requirement for Regional
approval.
6. DESIGNATION OF THE BENJAMIN MARR HOUSE
8961 NINTH LINE, ONTARIO
HERITAGE ACT, FILE: 16.11.3
RECOMMENDATION:
That Heritage
Markham's recommendation to designate the Benjamin Marr House at 8961 Ninth
Line under Part IV of the Ontario Heritage Act be approved;
And
that the Clerk's Department be authorized to:
- publish
and serve Council's Notice of Intention to Designate as per the requirements of
the Act; and
- prepare the Designation by-law for this property.
7. DESIGNATION OF THE JOHN HOOVER HOUSE
101 CLARKE AVENUE, ONTARIO
HERITAGE ACT, FILE: 16.11.3
RECOMMENDATION:
That
Heritage Markham's recommendation to designate the John Hoover House at 101
Clarke Avenue under Part IV of the Ontario Heritage Act be approved;
And
that the Clerk's Department be authorized to:
- publish
and serve Council's Notice of Intention to Designate as per the requirements of
the Act; and
- prepare the Designation by-law for this property.
8. WISMER COMMONS SECONDARY PLAN AREA
LEGAL AGREEMENT, FILE: 10.4
Committee
received correspondence dated February
20, 2000 from Glenn De Baeremaeker, President of Save the Rouge Valley System,
requesting approval of the Legal Agreement for Wismer Commons Secondary Plan be
deferred.
RECOMMENDATION:
That the Legal Agreement between the Wismer
Commons Developers Group and the Town which outlines the requirements of the
Development Phasing Plan (Addendum, February, 2001), and implementation
measures, be approved;
And that the Legal Agreement include the
provision that any improvements to the intersection of 16th Avenue
and Highway 48 be subject to further consideration by Council;
And further, that the Mayor and Clerk be
authorized to execute the legal agreement is a form satisfactory to the Town
Solicitor.
9. THE
LANDMORTGAGE CORPORATION AND MCLENAGHAN
1 SIXTEENTH LANE AND 9230 WARDEN AVE.
DRAFT PLAN OF SUBDIVISION AND REZONING
(SU.00-231004 AND ZA.00-231003) FILES: 10.5, 10.7
The Committee received Item # 11,
not listed on the Agenda.
RECOMMENDATION:
That
the draft plan of subdivision 19TM-20002 and rezoning applications submitted by
The Landmortgage Corporation and McLenaghan at 1 Sixteenth Lane and 9230 Warden
Avenue, be approved, as follows:
1. That the draft plan of
subdivision 19TM-20002 proposed by The Landmortgage Corporation and McLenaghan
be approved, subject to the conditions outlined in Appendix 'A' to the report,
and subject to the payment of the required subdivision processing fees in
accordance with the Tariff of Fees By-law, prior to the issuance by the Town of
the stamped draft approved plan and conditions of approval;
2. That
the rezoning application submitted by The Landmortgage Corporation and
McLenaghan to implement the proposed plan of subdivision be approved and the
by-law to amend By-law 118-79, attached as Appendix 'B' to the report be
enacted following the completion of the detailed tree inventory work;
3. That sanitary sewage
allocation for 15 single family residential units be granted to the subject
property;
4. That water supply
allocation for 15 units be granted to the subject property from the Town
reserve;
5. That the Town has the
right to revoke or reallocate such water allocation should construction not
proceed in a timely manner;
6.
* That staff be authorized to
negotiate a value for the over dedication of parkland provided by The
Landmortgage Corporation and McLenaghan based on typical compensation rates for
parkland provided for in Developer Group Agreements within the Town of Markham;
7. That staff will obtain
Council's approval, for the value of the over dedication of parkland, prior to
the Town finalizing the terms of the compensation;
8. That
payment for this over dedication be from the Reserve Fund - Parks 5 %
Cash-in-lieu Account # 087-2800-148;
9. That
the road allowance within the draft plan shall be named to the satisfaction of
the Town of Markham and the Region of York.
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* Amended by Council at its meeting held
February 27, 2001 to read as follows:
"That Council authorize staff to have an appraisal report
undertaken by a member of the Appraisal Institute of Canada (Ontario
Association) to establish a value for the over dedication of parkland, and that
payment for the appraisal be from account number 630-998-5603."
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10. MENKES DEVELOPMENTS INC., 200 SHIELDS
COURT
SITE PLAN APPLICATION FOR
INDUSTRIAL BUILDING
(SC.00-242258), FILE: 10.6
RECOMMENDATION:
That the application for Site Plan
Approval, SC.00-242258, submitted by Menkes Developments Inc., for a new
industrial building at 200 Shields Court, be approved, subject to the following
conditions:
1. That the owner enter into a site plan
agreement with the Town;
2. That the site plan approval shall lapse
after a period of three (3) years commencing February 20, 2001, in the event
that a site plan agreement is not executed within that period;
3. That
the site plan agreement provide for payment by the owner of all applicable
fees, recoveries and development charges;
4. That
the site plan agreement contain provisions for satisfying the requirements of
Town departments and authorized public agencies; and
5. That
prior to the execution of the site plan agreement, the owner shall submit final
site plan, elevation and landscape drawings, complying with all requirements of
the Town and authorized public agencies, prepared to the satisfaction of the
Commissioner of Development Services.
11. RESERVATION OF THE NAME
"TRUDEAU" FOR A STREET IN MARKHAM
FILE: 10.14
The
Committee directed that a prominent street be used, and that the full name be
used.
RECOMMENDATION:
That the name
"Pierre Elliot Trudeau" be reserved for use as a street name for a
future street under the jurisdiction of
the Town of Markham;
And
that staff report back to Council to authorize application of the street name
to an appropriate street of a prominent nature, on a new plan of subdivision,
to be identified.
……………………………
The
Development Services Committee recessed at the hour of 3:05 p.m. and reconvened
at the hour of 7:00 p.m.
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PART
C
Public
Meeting
7:00 p.m. - Council Chambers
Attendance
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M.F. Turner,
Commissioner of Development
Services
J. Baird,
Director of Planning
G. McKnight,
Senior Planner
G. Singer,
Planner II
K.
Bavington, Committee Clerk
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The Development
Services Committee convened at the hour of 7:00 p.m. in the Council Chambers
with Councillor G. McKelvey in the Chair.
12. AGARWAL HAYASHIDERA HOLDINGS, 114
ANDERSON AVENUE
APPLICATION FOR ZONING BY-LAW
AMENDMENT
(ZO. 00.245331) FILE: 10.5
The Chair advised the purpose of the Public
Meeting this date was to consider an application by Agarwal Hayashidera
Holdings for a Zoning By-law Amendment to permit a banquet hall in addition to
the uses permitted in the M.IC Zone, at 114 Anderson Avenue.
Committee was advised that a Public Meeting
sign was posted on January 30, 2001 and confirmation was executed on January
31, 2001. 49 notices were mailed on
January 31, 2001, and no written submissions have been received.
Staff made a presentation of this proposal,
regarding the location and proposed use.
RECOMMENDATION:
That the record of the Public Meeting held on
February 20, 2001, with respect to the application submitted by Agarwal
Hayashidera Holdings, for Zoning Amendment to By-law 88-76, as amended, for 114
Anderson Avenue, be received;
And that the application be Agarwal
Hayashidera Holdings to amend By-law 88-76, as amended, to permit the leasing
of existing commercial land on property for use as a banquet hall, be approved;
And that the proposed amendment to By-law
88-76, as amended, be enacted without further notice.
13. 720168 ONTARIO INC., TOWN & COUNTRY
BMW
NORTH-EAST CORNER OF KENNEDY
ROAD AND HELEN AVENUE
APPLICATIONS FOR OFFICIAL PLAN
AND ZONING BY-LAW
AMENDMENTS (OP.00-244184, ZA.00-24187) FILES: 10.3, 10.5
The Chair advised the purpose of the Public
Meeting this date was to consider an application by 720168 Ontario Inc. (Town
& Country BMW) for Official Plan Amendment to redesignate certain lands and
permit automobile repair uses and outdoor storage/display, and an application
for Zoning By-law Amendment to permit auto dealerships, a mixed-use block, and
townhomes, at 22, 42 and 62 Helen Avenue.
Committee was advised that two Public Meeting
signs were posted on January 31, 2001, and confirmation was executed on January
31, 2001. Notice was published in the Markham Economist & Sun on February
6, 2001 and February 13, 2001. 278
notices were mailed on January 31, 2001, and 9 written submissions have been
received.
G. McKnight, Senior Planner, gave a
presentation of the proposal.
Jim Kirk, representing the applicant, advised
of the recent community meeting, which identified two areas of concern. The
first, for the plan function of community amenities, has resulted in the
applicant replacing the second proposed dealership with a commercial block, to
provide the amenities. The second concern is the effect of access and traffic
on adjacent residential uses. Although this application deals with just the one
BMW dealership at the corner of the property, a concept plan of a 7 acre land
assembly with adjacent property owners was displayed, showing potential
commercial and residential site development.
Carson Woods, representing the applicant,
displayed renderings showing the 'Gateway' effect. He explained construction
would be high quality, high tech, with increased landscaping to the street line
and limited car displays out front. He reviewed the access to Kennedy Road and
Helen Ave., the open storage area behind the building, traffic patterns, and
access and unloading areas for vehicle carriers.
Walter Melinyshyn, 22 Helen Avenue, stated
his support for the proposal.
Carl Januszczak, of Lorne Ross Planning
Services Inc., representing Paul Molita, the adjacent property owner at 92
Helen Avenue, stated concerns for the dealership proposal, but that he could
support the residential component. Staff clarified that the displayed concept
plan requires Official Plan and
Secondary Plan amendment for Mr. Molita's property. A Master Plan would be
required to tie all four blocks together. More information and review is
required.
Glen Baron, 251 Helen Avenue, outlined his
concerns for traffic gridlock, the lack of parks in the area, and the
applicant's abandonment of a similar proposal on another site.
The Committee expressed concerns regarding
the effect of the Helen Avenue access on residents, including vehicle carriers
unloading on Helen Avenue, and questioned if access could be limited to Kennedy
Road. The proximity to the GO Station, and stormwater management were also
discussed.
The Committee agreed that community amenities
are important and requested this issue be addressed in the staff report.
Concern was expressed for the development of a strip plaza. The Committee
directed that the report also address signage, and what would happen if the
applicant abandoned this site, once the zoning was in place. The Committee
requested that Mr. Molita be involved in the application. Staff advised a
further report will be provided in a minimum of 8 to 10 weeks.
RECOMMENDATION:
That the correspondence from Hans and Rita
Mueller, Grace Raponi, Peter and Maria Ma, Norah Baron, Stephen Shek, Eric and
Maria Tonks, in opposition; Greenbelt Volkswagen and John Procenko, in support;
and York Region Transportation and Works Department, no objection, with
comments; be received;
And that the
record of the Public Meeting held on February 20, 2001, with respect to an
application submitted by 720168 Ontario Inc. (Town & Country BMW) to amend
the Markham Official Plan, as well as Zoning By-laws 122-72 and 304-87, as
amended, to permit auto dealerships, a mixed-use block, and a townhouse
development on lands located at the north-east corner of Kennedy Road and Helen
Avenue, be received;
And that the
application be referred back to staff for a report evaluating the proposal.
ADJOURNMENT