MINUTES
DEVELOPMENT
SERVICES COMMITTEE
2005-08-30
Meeting No. 13
All Members of
Council
Development Services Economic
Development
Chair: Councillor G. McKelvey Chair: Councillor J. Virgilio
Vice-Chair: Councillor
D. Horchik
PART A -
11:30 a.m. - Canada Room
PART B -
1:00 p.m. - Council Chamber
Attendance
|
Mayor D. Cousens (left: 3:00)
Deputy Mayor
F. Scarpitti (11:50)
(Absent
1:00 – 2:05)
Regional Councillor J. Heath (11:45)
Regional Councillor J. Jones
Regional Councillor B. O’Donnell
Councillor S. Daurio
Councillor E. Shapero (12:00)
Councillor J. Virgilio (1:00)
Councillor J. Webster
Councillor G. McKelvey
Councillor D. Horchik
Councillor K. Usman (12:25, Left- 3:00)
Councillor A. Chiu
|
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate Services
S. Birrell, Town Clerk
M. Boyce, Senior Policy Coordinator
C. Conrad, Town Solicitor
D. Clark, Town Architect
G. Duncan, Heritage and Conservation Planner
S. Heaslip, Senior Project Coordinator
A. Henriques, Planner
R. Kendall, Senior Project Coordinator
T. Lambe, Manager, Policy and Research
D. Miller, Senior Planner
A. Mukherjee, Manager, Transportation Engineering
V. Shuttleworth, Director of Planning and Urban
Design
N. Surti, Planner
B. Wiles, Manager, Enforcement and Licensing
K. Bavington, Committee Clerk
|
The Development Services Committee convened at the hour of 11:35 a.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 # 14,
clause 8, the proposal by Kindwin Markham Limited, by nature of representing
the owner, and did not take part in the consideration or discussion of or vote
on the question of the approval of such matter.
Councillor J. Virgilio disclosed an interest with respect to Item # 15,
applications by:
-
Bairnbriar Holdings Inc., by
nature of representing the purchaser of the proposal;
-
45 Rouge
Street, by nature of representing the owner; and
-
Nastasi Developments, by nature of
representing the owner;
and did not take part in the consideration or discussion of or vote on
the question of the approval of such matters.
Councillor K. Usman disclosed an interest with respect to Item # 20,
the proposed development by Townhomes of Thornhill Village Inc., by nature of
his wife being a tenant at Thornhill
Square, and did not take part in the consideration
or discussion of or vote on the question of the approval of such matter.
Councillor J. Virgilio disclosed an interest with respect to Item # 21,
the proposal by Bairnbriar Holdings Inc. by nature of representing the purchaser
of the property, and did not take part in the consideration or discussion of or
vote on the question of the approval of such matter.
Councillor J. Virgilio disclosed an interest with respect to Item # 39,
the proposed development by Fairglen Homes Limited at 9765
Kennedy Road, by nature of representing the owner,
and did not take part in the consideration or discussion of or vote on the
question of the approval of such matter.
1. HOLLY MACDONALD AND ANTHONY NEHME
THE WALKER HOUSE, 2920 16TH
AVENUE
EGLINTON GOLD ENTERPRISES
(OWNER), REQUEST
FOR RELOCATION TO MARKHAM
HERITAGE ESTATES (16.11)
Report
The Committee had before it:
1. Correspondence from Holly MacDonald and
Anthony Nehme, dated July 18, 2005, requesting to make a deputation
2. Extract
of Item # 4 of the Heritage Markham Committee meeting dated July 13, 2005
3. Staff
report dated August 30, 2005
Holly MacDonald and Anthony Nehme, Applicants, were in
attendance to address the Committee with respect to their request to Heritage
Markham to relocate the James Walker House to Markham Heritage Estates.
Ms. MacDonald displayed location maps and photographs
of the building, illustrating its accumulated damage, and advised that the
house has been vacant since 1998. Discussions included Markham’s polices
relating to priority numbering for relocation to Heritage Estates, and the
criteria for a “genuinely threatened” structure.
Committee expressed concern that the current owner has
neglected to secure and preserve the building, and agreed that the Town should
consider amending the Property Standards By-law for more effective enforcement,
as well as move forward in the development of a second Heritage subdivision. If
appropriate, the development of the new subdivision could be considered in the
2006 budget.
It was suggested that allowing one property to move
forward in the priority queue would set an adverse precedent. Staff confirmed
that the dwelling is not located within a floodplain. Committee requested staff
provide information at the Council meeting on September 1, 2005, regarding the
number of dwellings on the priority list that could not be moved to Heritage
Estates. Committee also directed staff to review the preservation of the
subject dwelling with the owner and By-law Enforcement staff.
Committee suggested that the applicants contact
Fieldgate Homes with respect to relocating the house to their enclave of
Heritage Homes.
Moved by: Councillor J. Webster
Seconded by: Mayor D. Cousens
That the correspondence
dated July 18, 2005, and the deputation by Holly MacDonald and Anthony Nehme,
with respect to their request to relocate the James Walker House to Markham
Heritage Estates, be received;
And that the
Development Services Commission Report entitled “Request for Relocation to
Markham Heritage Estates – The Walker House, 2920 16th Avenue,
Eglinton Golf Enterprises”, dated August 30, 2005, be received;
And that Council does not support the request to relocate the James
Walker House to Markham Heritage Estates;
And that By-law Enforcement Division inspect the building to ensure it
meets the requirements of the Town’s Property Standards By-law and that the
building is securely boarded, if necessary, using the provision of the Town’s
boarding by-law (Closing of Abandoned or Vacant Building or Structures);
And that as per the most recent amendments to the Ontario
Heritage Act, staff be authorized to prepare a by-law amendment to
the Town’s Property Standards by-law for Council’s consideration to prescribe
minimum standards for the maintenance of the heritage attributes of property in
the municipality that has been designated by the Town, and to require property
that has been designated and that does not comply with the standards to be
repaired and maintained to conform with the standards.
CARRIED
2. AMBER
PLAIN INVESTMENTS LTD.
PART 2, PLAN 65R-23441, EDWARD
JEFFREYS AVENUE,
WEST OF GOLDEN MEADOW DRIVE,
WISMER COMMONS
REZONING TO PERMIT FOUR NEW SINGLE
DETACHED
RESIDENTIAL LOTS (ZA 05
011731) (10.5)
Report
Moved by: Regional Councillor B. O’Donnell
Seconded by: Councillor J. Virgilio
That the application submitted by Amber Plain Investments
Ltd. to amend Zoning By-laws 304-87 and 177-96,
as amended to permit four new single detached residential lots on Edward
Jeffreys Avenue, west of Golden Meadow Drive be approved and the by-laws be enacted by
Council;
That Amber Plain Investments Ltd. be granted a
servicing allocation of 4 units, such allocation to be from the total
allocation available for the Wismer Commons community, in accordance with the February 15, 2005
report on servicing allocation;
That
the Town reserves the right to revoke or reallocate the servicing allocation
should the development not proceed in a timely manner;
That the Region of York
be advised of the servicing allocation for this development;
And that the following
conditions be recommended to the Committee of Adjustment with respect to an
application by Amber Plain Investments Ltd. for
consent to sever Part 2, Plan 65R-23441:
- That the applicant pay their proportionate share
of the Hwy. 48 flow control measures, to the satisfaction of the Director
of Engineering
- That the applicant pay all applicable fees and
development charges
- That the applicant submit a letter from the
Trustee of the Wismer Commons Developers’ Group confirming that Amber
Plain Investments Ltd. is a party to the Wismer Commons Developers’ Group
Agreement and as such have agreed to contribute their proportionate share
of community use lands, associated community servicing costs and have
complied with all their obligations as set out in the agreement.
CARRIED
3. WORLD
TECH CONSTRUCTION INC.
181 HELEN AVE., SOUTH
UNIONVILLE PLANNING DISTRICT
ZONING BY-LAW TO PERMIT 6 RESIDENTIAL
UNITS (ZA 05 006246) (10.5)
Report
Moved by: Regional Councillor J. Jones
Seconded by: Councillor K. Usman
That the staff report entitled “Recommendation Report:
World Tech Construction Inc. Application to amend the zoning by-law to permit 6
residential lots, 181 Helen Avenue,
South Unionville Planning
District (ZA 05 006246) be received;
And that the record of the Public Meeting on April 5, 2005 regarding the proposed
implementing zoning by-law be received;
And that World Tech Inc. be granted servicing allocation of 6 units,
such allocation to be from the total allocation available for the South
Unionville Secondary Plan area, in accordance with the February 15, 2005 report on servicing
allocation;
And that the zoning application (ZA 05 006246) to amend By-law 304-87
and 177-96, as amended, to implement the proposed 6 residential lots, be
approved and the implementing Zoning By-laws be brought forward to Council for
enactment;
And that the Town reserves the right to revoke or re-allocate servicing
allocation, at its sole discretion, should development not proceed in a timely
manner;
And that the Region of York be advised of the servicing allocation for
this development;
And that the following
conditions be recommended to the Committee of Adjustment with respect to the
submission of a future application by World Tech Construction
Ltd. for consent to sever Part of Lot 10, Plan 2196:
- That the applicant pay their proportionate share
of the Hwy. 48 flow control measures, to the satisfaction of the Director
of Engineering;
- That the applicant pay all applicable fees and
development charges;
- That the applicant submit a letter from the
Trustee of the South Unionville Developers’ Group confirming that World
Tech Construction Ltd. is a party to the South Unionville Developers’
Group Agreement and as such have agreed to contribute their proportionate
share of costs as required by the Developers Group Agreement;
- That the applicant agree to combine Part Lots 4,
5 and 6 of Lot 10, Registered Plan 2196 with Blocks 70, 71 and 72,
Registered Plan 65M-3775 to create 3 new lots fronting onto Peshawar
Avenue;
- That the applicant agree to pay their
proportionate share of recovery for the Helen Avenue Watermain.
CARRIED
4. B
& L METTEL LIMITED
206 LANGSTAFF ROAD EAST,
THORNHILL
TEMPORARY USE ZONING BY-LAW
AMENDMENT
TO PERMIT A LANDSCAPING AND
SNOW REMOVAL BUSINESS
WITH ASSOCIATED WAREHOUSING
(ZA 05 014733)(10.5)
Report
Committee
directed staff to investigate the encroachment into the woodlot adjacent to the
subject property.
Moved by: Councillor S. Daurio
Seconded by: Councillor J. Webster
That the staff report entitled
“Application for Temporary Use
Zoning By-law Amendment to permit a Landscaping and Snow Removal Business with
Associated Warehousing, B & L Mettel Ltd., 206 Langstaff
Road East, Thornhill, ZA 05 014733”,
be received;
And that the
application as submitted by B &
L Mettel Ltd (ZA 05 014733),
be refused;
And
that By-law Enforcement take action to ensure the property is brought into
conformity with the existing zoning.
CARRIED
5. 2063456
ONTARIO LIMITED, 263 AND 287 YORKTECH DRIVE
DEEMING BY-LAW, LOT 1 AND 2,
PLAN 65M-2755 (10.6)
Report
Moved by: Councillor K. Usman
Seconded by: Councillor J. Webster
That Council enact a by-law to
deem Lot 1 and Lot
2, Plan 65M-2755 not to be
part of a registered plan of subdivision, and that staff take appropriate action
as required under Section 50 of the Planning Act.
CARRIED
Public Meeting – to Council
6. KRASHNIK INVESTMENTS LTD., 9833 HIGHWAY
48
ZONING BY-LAW AMENDMENT TO
PERMIT RETAIL USES
(ZA 02 106449) (10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Zoning By-law amendment (File, ZA 02
106449) submitted by Krashnik Investments Ltd. to permit retail uses at 9833
Highway 48.
Committee was advised that 22
notices were mailed on August 10, 2005, and a Public Meeting sign was
posted on August 8, 2005. There were no written submissions
received.
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Committee considered limiting
the rezoning to the specific requirements of the tenant, rather than the entire
property. Staff discussed long-term use of the building and property and
advised that the owner is currently preparing for comprehensive redevelopment
of this site.
David Johnston of David Johnston
Architect Ltd., representing the Applicant, discussed the efforts made by area
property owners and the Conservation Authority with respect to mapping and
rehabilitation of the Mount Joy Creek. Mr. Johnston confirmed that plans
are being prepared for rezoning of the entire property.
Committee discussed the impact
of the Highway 48 Study on this property, and the appropriate uses for this site. Mr. Johnston advised that
he has participated in the Study, and is supportive of the resulting potential
development.
Committee directed staff to
report to Council on September 13, 2005, on specific area and location
rezoning for this application, that will satisfy the requirements of the
tenant, Long and McQuade.
Moved by: Councillor D.
Horchik
Seconded by: Councillor A.
Chiu
That the Development Services
Commission report dated June 21, 2005, entitled “Preliminary Report, Krashnik
Investments Ltd., Application for Zoning BY-law Amendment to permit retail uses
at 9833 Highway 48” be received;
And that the record of the
Public Meeting held on August 30, 2005, with respect to the proposed amendment
to Zoning By-law 88-76, be received;
And that the application by
Krashnik Investments Ltd., to amend Zoning By-law 88-76 as amended, be approved for a specific area and location, to permit retail uses that will
accommodate the tenant.
And further that the proposed
amendment to Zoning By-law 88-76 be enacted without further notice.
CARRIED
---------------------------------------------------------------------------------------------------------------
Other
matters considered by Development Services Committee on August 30, 2005:
7. LOBLAW
PROPERTIES LIMITED
LOBLAWS AT THE PUMPS
200 BULLOCK DRIVE, AT MCCOWAN
ROAD
SITE PLAN APPLICATION TO
PERMIT CONSTRUCTION OF A
GAS BAR AND CAR WASH FACILITY
(SC 04 006664)(10.6)
Staff explained that site plan approval had been
granted by the Development Services Committee for application File
SC 04 006664 at 200
Bullock Drive, and that the Committee had
requested to see further details prior to execution of the site plan agreement.
Harry Froussios of Zelinka Priamo Ltd., representing
Loblaw Properties Limited, Loblaws at the Pumps, presented coloured renderings
and a site plan of the proposed gas bar and car wash. Additional landscaped
buffering and fencing along the northern boundary will be provided, in exchange
for some parking spaces that will remain within the landscape buffer.
In response to the Committee’s questions, Mr.
Froussios advised that there will be one pylon sign per road frontage, sized
and located in accordance with sign regulations. It was suggested the signs be
installed in a location that is easy for drivers to read. Concerns were also
expressed for night illumination.
Staff was directed to check on the Regional permission
for access onto McCowan Road,
and whether a review is necessary. Committee requested that staff include
consideration for full service facilities on this site, as part of the site
plan agreement negotiations.
Moved by: Regional Councillor J. Heath
Seconded by: Deputy Mayor F. Scarpitti
That the Applicant presentation of coloured renderings
for site plan application (SC 04 006664) submitted by Loblaw Properties
Limited, Loblaws at the Pumps, for 200
Bullock Drive at McCowan
Road, be received;
And that a request for the applicant to consider
full service facilities be referred to staff for negotiation of the site plan
agreement.
CARRIED
8. STRATEGY
TO MANAGE THE RESIDENTIAL
FRONT YARD PARKING ISSUE
(10.8)
Staff gave a presentation regarding the proposed
strategy to manage the residential front yard parking issue, including a review
of the problems associated with wider driveways, and the objectives of this
initiative.
Staff are proposing a strategy with three components: zoning
amendments; enforcement; and on-street over-night parking. A random survey of
driveway and garage widths for over 5,000 Markham homes indicates that 71.4% of
residents have driveways up to 1.0m wider than the garage doors; 9.5% are 1.0 –
1.5m wider, and 18.9% are over 1.5m wider. This information could be used when
considering revisions to the zoning by-law and for decisions regarding
grandfathering.
Committee discussed a phased approach, with categories
for different housing types, neighbourhoods, and lot sizes. It was clarified
that physically the properties do not have to be altered, only the location
where vehicles are parked on the property would need to be changed.
Committee discussed sidewalks, boulevard landscaping,
the link to second suites, and the need to act quickly on this issue. Committee
directed staff to consider comments made and provide a draft presentation prior
to calling the Public Meeting.
Appreciation was expressed to Bill Wiles, Manager of
Enforcement and Licensing, on his accomplishments in this difficult department.
Moved by: Mayor D. Cousens
Seconded by: Deputy Mayor F. Scarpitti
That the staff presentation regarding a strategy to
manage the residential front yard parking issue be received.
CARRIED
9. PRESENTATION OF SERVICE AWARDS (12.2.6)
The following staff were presented with service awards:
Eduardo Carreiro, Parks Labourer/Driver, Parks
Maintenance – 20 years
Stephen Matunin, Supervisor, Parks Maintenance – 20
years
Naveen Bagla, Provincial Offences Officer I, By-law
Enforcement and Licensing – 5 years
Frank Edwards, Manager, Administration, Clerk’s
Department – 5 years
Jody Parsons, Court Administration Coordinator,
Clerk’s Department – 3 years
10. DAVID
FARROW, M.A.M. GROUP
REPRESENTING WINTER GARDEN
ESTATES INC. AND
BALGREEN HOLDINGS INC.,
19TM-030015
REGARDING THE PROCESSING FEE
SCHEDULE (10.7)
Moved by: Deputy Mayor F.
Scarpitti
Seconded by: Regional
Councillor B. O’Donnell
That the request for deputation by
David Farrow of M.A.M. Group, representing Winter Garden Estates Inc. and
Balgreen Holdings Inc., be deferred at Mr. Farrow’s request.
CARRIED
11. MARKHAM PUBLIC
ART ADVISORY COMMITTEE MINUTES
- June 20, 2005 (16.34)
Minutes
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That the minutes of the Markham Public Art Advisory Committee
meeting held June 20,
2005, be received for information.
CARRIED
12. HERITAGE
MARKHAM COMMITTEE MINUTES
- July 13, 2005 and August 10, 2005 (16.11)
July
13 August
10
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That the minutes of the Heritage Markham Committee
meetings held July 13 and August 10, 2005, be received for information.
CARRIED
13. MAIN
STREET MARKHAM COMMITTEE MINUTES
- June 15, 2005 (16.39)
Minutes
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That the
minutes of the Main Street Markham Committee meeting held June 15, 2005, be received for
information.
CARRIED
14. DELEGATED
APPROVALS UNDER BY-LAW 2002-202 (DM 2001-03) (10.6)
Report
Councillor J. Virgilio disclosed an interest with respect to clause 8,
the proposal by Kindwin Markham Limited, by nature of representing the owner,
and did not take part in the consideration or discussion of or vote on the
question of the approval of such matter.
Committee discussed clause # 16 with
respect to additional parking required. Staff will follow up on this issue with
the Committee member.
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
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 August 30, 2005.
CARRIED
15. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF JUNE 2, 2005 TO JULY 29, 2005 (10.0)
Report
Councillor J. Virgilio disclosed an interest with respect to
development applications by:
-
Bairnbriar Holdings Inc., by
nature of representing the purchaser of the proposal;
-
45 Rouge
Street, by nature of representing the owner; and
-
Nastasi developments, by nature of
representing the owner;
and did not take part in the consideration or discussion of or vote on
the question of the approval of such matters.
Committee
noted concern of the residents for the reduced front yard setback for the
proposal by the Edmund Ross Residence at 119 Elgin Street. Staff noted the concern.
Committee
also discussed the proposal by Radiant Way Montessori with respect to the
entrance from McCowan Road. Staff advised that concerns can be
addressed during the process for the Zoning By-law application.
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That Committee receive the
report entitled “Report on Incoming Planning Applications for the
period of June 2, 2005 to July 29, 2005” and direct staff to process the applications
in accordance with the route outlined in the report.
CARRIED
16. KENNEDY-STEELES
HOLDINGS LIMITED, AND
KENNEDY CORNERS REALTY INC.,
7077 KENNEDY ROAD
ZONING BY-LAW AMENDMENT (ZA 05
015025) (10.5)
Report
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That a Public Meeting be held to consider a Zoning By-law Amendment
application (File No. ZA 05 015025), by Kennedy-Steeles Holdings Limited and
Kennedy Corners Realty Inc. to rezone lands located at the northeast corner of
Kennedy Road and Steeles Avenue, municipally known as 7077 Kennedy Road, from
Special Commercial Two – Special (SC2-S) to Major Commercial (MJC) Zone.
CARRIED
17. HIGHGLEN
CHRISTIAN MONTESSORI SCHOOL.
5002 14TH AVENUE, NORTH SIDE
OF 14TH AVENUE
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT
AND SITE PLAN APPROVAL TO
PERMIT THE CONVERSION
OF A SINGLE DETACHED
RESIDENTIAL DWELLING TO A
PRIVATE SCHOOL (OP 05 016647,
ZA 05 016645 & SC 05 016642) (10.3,
10.5, 10.6)
Report
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That a
Public Meeting be held to consider the applications submitted by Highglen
Christian Montessori School for Official Plan and Zoning By-law Amendments to
permit the conversion of a single detached residential dwelling to a private
school at 5002 14th Avenue, on the north side of 14th
Avenue, between Redkey Drive and Tillie Square.
CARRIED
18. MINTO
MARKHAM PARTNERSHIP LTD.
NORTHWEST CORNER OF ROUGE BANK
DRIVE AND 9TH LINE
DRAFT PLAN OF SUBDIVISION (19TM-05015)
FOR
12 SINGLE DETACHED DWELLINGS (SU
05 016171) (10.7)
Report
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That a
Public Meeting be held to consider an application for approval of a Draft Plan
of Subdivision (19TM-05015) for 12 single detached dwellings on lands located
at the northwest corner of Rouge
Bank Drive & 9th
Line.
CARRIED
19. 3113396
CANADA INC., 7501 WOODBINE AVENUE
ZONING BY-LAW AMENDMENT TO PERMIT
WAREHOUSING OF GOODS AND
MATERIALS (ZA 05 017465) (10.5)
Report
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That
a Public Meeting be held to consider a Zoning By-law Amendment (ZA 05 017465)
application, by 3113396 Canada Inc., to permit warehousing of goods and
materials at 7501 Woodbine
Avenue.
CARRIED
20. TOWNHOMES
OF THORNHILL VILLAGE INC. (PHASE II)
318, 320, 322, 324 JOHN STREET,
EAST SIDE OF THORNHILL
SQUARE, ZONING BY-LAW
AMENDMENT TO PERMIT
110 TOWNHOUSE DWELLINGS (ZA 05 016468) (10.5)
Report
Councillor K. Usman disclosed an interest with respect to the proposed
development by Townhomes of Thornhill Village Inc., by nature of his wife being
a tenant at Thornhill Square,
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: Councillor A. Chiu
That a Public Meeting be held to consider the
applications submitted by Townhomes of Thornhill Village Inc. (Phase II) for
zoning by-law amendment to permit 110 townhouse dwellings on the east side of
the Thornhill Square Property at 318, 320, 322 and 324 John Street, File ZA 05
016468.
CARRIED
21. BAIRNBRIAR
HOLDINGS INC.
BLOCK 26 PLAN 65M2108 –
MCKELVEY DRIVE, THORNHILL
ZONING BY-LAW AMENDMENT TO
PERMIT CONSTRUCTION
OF A SINGLE DETACHED DWELLING (ZA 05-016464)(10.5)
Report
Councillor J. Virgilio disclosed an interest with respect to the
proposal by Bairnbriar Holdings Inc. by nature of representing the purchaser of
the 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: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That a Public Meeting be held to consider the
application submitted by Bairnbriar
Holdings Inc. for a Zoning By-law amendment for Block
26 Plan 65M2108 – McKelvey Drive, Thornhill.
CARRIED
22. ANGUS
GLEN FARM LTD. & ANGUS GLEN GOLF CLUB LTD.
ANGUS GLEN COMMUNITY – WEST
VILLAGE
REVISED APPLICATIONS FOR
SECONDARY PLAN AMENDMENT,
ZONING BY-LAW AMENDMENT AND
DRAFT PLAN OF
SUBDIVISION (OP 03 112028, SU 03
109045, ZA 03 109048) (10.3, 10.5, 10.7)
Report
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That
a Public Meeting be held to consider the revised applications submitted by
Angus Glen Farm Ltd. & Angus Glen Golf Club Ltd. to amend the Secondary
Plan, Zoning By-law and for Draft Plan of Subdivision Approval, in the Angus
Glen Community – West Village, located
east of Warden Avenue and
south of Major Mackenzie Drive.
CARRIED
23. ROSEPORT
INVESTMENTS LIMITED
250 YORKTECH DRIVE, ZONING
BY-LAW AMENDMENT
TO PERMIT 30% ACCESSORY RETAIL
AND RESTAURANTS (ZA 05 014894)
(10.5)
Report
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That a Public Meeting be held
to consider the Zoning By-law amendment application submitted by Roseport Investments Limited to permit
30% accessory retail component per premise and up to 929 m2 (10,000 ft2) of
restaurant space, in addition to the existing permitted uses.
CARRIED
24. 1199394
ONTARIO LIMITED (LONGO’S FRUIT MARKET)
3085 HIGHWAY 7, EAST OF
WOODBINE AVENUE
ZONING BY-LAW AMENDMENT
APPLICATION (ZA 05 015040)(10.5)
Report
Moved by: Regional Councillor J. Jones
Seconded by: Councillor A. Chiu
That a Public Meeting be held
to consider the Zoning By-law amendment application submitted by 1199394 Ontario Limited to permit retail
stores with less than 300m2 of GFA, to recognize the existing food
store as a retail store and to incorporate previously approved minor variances
into the zoning by-law.
CARRIED
25. REQUEST
FOR CULTURALLY DIVERSE STREET NAMES (10.14)
Report
Moved by: Regional Councillor J. Heath
Seconded by: Councillor D. Horchik
That the correspondence
from Furhait Kashmiri, dated July
21, 2005, regarding suggested street names, be received.
CARRIED
26. WISMER
BAPTIST CHURCH, 180 MINGAY AVENUE
SITE PLAN APPLICATION TO
PERMIT A PLACE OF WORSHIP
(SC 05 011624) (10.6)
Report
Takvor
Hopyan , Architect, representing the Applicant, Wismer Baptist Church, was
in attendance to display the model of the proposed building.
Committee
discussed parking requirements with respect to the 5-year term of the parking
agreement with the adjacent school.
Moved by: Councillor K. Usman
Seconded by: Regional Councillor J. Heath
That the Report entitled “Wismer Baptist Church, application for Site Plan Approval
to permit a place of worship at 180 Mingay Avenue” be received;
And that the Site Plan
Control application (SC 05 011624) submitted by Wismer Baptist Church to permit a 2,495 m2
(26,857 ft2) place of worship at 180 Mingay Avenue, be approved subject to
the following conditions:
1. That
a variance be granted by the Committee of Adjustment for relief from Parking
By-law 28-97, as amended;
2. That the Owner enter into a site plan
agreement with the Town, containing all standard and special provisions and
requirements of the Town and public agencies;
3. That
the Owner submit and receive approval of a Landscape Plan, prepared by a
Landscape Architect having O.A.L.A. membership;
4. That
the Owner satisfy Town Departments including all requirements of the Director
of Engineering, the Fire Department, and the Waste Management Department;
5. And
that the site plan agreement provide for payment by the Owner of all applicable
fees and recoveries, and submission of any required letters of credit to
guarantee compliance with Town requirements;
6.
And further that the site plan
approval shall lapse after a period of three years commencing August 30, 2005, in the event a site
plan agreement is not executed within that period.
CARRIED
27. AL
HUSSAIN FOUNDATION, 10992 KENNEDY ROAD
SITE PLAN APPROVAL TO PERMIT A 183.5 M2
ADDITION TO
THE EXISTING PLACE OF WORSHIP
(SC 04 018281) (10.5)
Report
Moved by: Councillor K. Usman
Seconded by: Regional Councillor J. Heath
That the application for site plan approval submitted
by the Al Hussain Foundation to permit the construction of a 183.5 m2
addition to the proposed place of worship, on the west side of Kennedy
Road, north of Elgin
Mills Road, municipally known as 10992
Kennedy Road, be approved, subject to the
following conditions:
- That prior to final
approval of the site plan and elevations, the Owner satisfy the
requirements of all Town Departments and external agencies and submit
revised site plans and elevations (as required to address outstanding
issues) and a tree preservation plan to the satisfaction of the
Commissioner of Development Services;
- That the Owner enter
into an amending site plan agreement with the Town;
- That the amendment
to the site plan agreement include
provisions for the payment by the Owner of all applicable fees,
recoveries, development charges and cash in lieu of parkland;
- That the site plan
approval shall lapse after a period of three years commencing August 30,
2005, in the event that the Owner does not enter into a site plan
agreement with the Town during that period;
- That the Owner
provide an internal refuse storage area to the satisfaction of the Waste
Management Department;
- And that the Owner
obtain approval from the Building Department for the proposed private
sewage and water services, confirm that they are adequate for the proposed
place of worship use and that it will not have any significant negative
impact on surrounding land uses.
CARRIED
28. FRONT
YARD PARKING IN RESIDENTIAL AREAS
DISCUSSION AND OPTIONS (10.7)
Report
Staff was directed to make a further Part A presentation prior to
calling the Public Meeting.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Regional Councillor B. O’Donnell
That staff prepare a final report on front yard
parking in Residential areas, and provide a draft presentation at a Part A
session prior to calling a Public Meeting.
CARRIED
29. MINISTRY
OF TRANSPORT, RESPONDING TO
MARKHAM’S COMMENTS DATED MAY
26, 2005
REGARDING THE PICKERING LANDS
(13.2.7)
Committee discussed the progress on this issue, and
the Ministry’s indication that it is working on a strategy for Heritage
preservation.
Moved by: Councillor A. Chiu
Seconded by: Councillor D. Horchik
That the correspondence dated July 28, 2005, from the
Minister of Transport, responding to Markham’s comments dated May 26, 2005
regarding the Pickering lands, be received.
CARRIED
30. MINISTRY
OF TRANSPORT, RESPONDING TO
MARKHAM’S CORRESPONDENCE DATED
JUNE 13, 2005
REGARDING THE JURISDICTION OF
HIGHWAY 48 (13.2.7)
Moved by: Councillor A. Chiu
Seconded by: Councillor D. Horchik
That the correspondence dated August 18, 2005, from
the Minister of Transport, responding to Markham’s correspondence dated June
13, 2005 regarding the jurisdiction of Highway 48, be received.
CARRIED
31. YORK
REGION, WOODBINE AVENUE BY-PASS
COUNCIL DECISION, CLAUSE 10,
REPORT 6, JUNE 23, 2005(13.4)
Moved by: Councillor A. Chiu
Seconded by: Councillor D. Horchik
That the correspondence from York Region, dated June
24, 2005, with respect to Clause 10, Report No. 6 of the Planning and Economic
Development Committee, regarding the Woodbine Avenue By-pass, be received.
CARRIED
32. YORK
REGION, 16TH AVENUE TRUNK SEWERS
UPDATE NEWSLETTER (13.4)
Moved by: Councillor A. Chiu
Seconded by: Councillor D. Horchik
That the update newsletter dated August 15, 2005 from
the Region of York, regarding the 16th Avenue Trunk Sewer Project,
Phase 2, be received.
CARRIED
33. AIRD
AND BERLIS, JUNE 23, 2005
APPEAL OF OFFICIAL PLAN AND
ZONING BY-LAW
APPLICATIONS FOR LOBLAW
PROPERTIES LTD.
2938 MAJOR MACKENZIE DRIVE
(10.3, 10.5)
Legal staff advised that any formal discussions with
the Applicant on this matter should be initiated in writing by the Applicant to
the Town Solicitor.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Regional Councillor B. O’Donnell
That correspondence from Ernie Victor, and from Steven
Zakem, both dated June 23, 2005, representing Loblaw Properties Limited,
advising of appeal of Official Plan and Zoning By-law applications (OP 04
010924, ZA 04 010910) for 2938 Major Mackenzie Drive, be received.
CARRIED
34. ONTARIO
MUNICIPAL BOARD DECISION
OFFICIAL PLAN AMENDMENT 132
(10.3, 13.13)
Moved by: Councillor A. Chiu
Seconded by: Councillor D. Horchik
That the Ontario Municipal Board Decision, dated August 18, 2005, regarding OPA 132,
be received.
CARRIED
35. MRS.
HA TSANG, 12 BERNADOTTE DRIVE
VARIANCE TO FENCE BY-LAW
277-97 (2.19)
Committee had before it, the staff report dated May 17, 2005, for background
information.
Mrs. Ha Tsang, owner, and Mr. Sherman, representing
the owner, were in attendance to address the Committee.
A motion to reconsider this matter, which was dealt
with on May 17, 2005,
was lost.
Moved by: Councillor D. Horchik
Seconded by: Councillor J. Webster
That the deputation by Mr. Sherman,
and the correspondence from Mrs. Ha Tsang dated July 21 and July 26, 2005, requesting
reconsideration of the application for variance to the Fence By-law 277-97 for 12
Bernadotte Drive, and the response from Sheila
Birrell, Town Clerk, dated August 11,
2005, be received.
CARRIED
----------------------------------------------------------------------------------------------------
IN CAMERA
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Regional Councillor B. O’Donnell
That the Development
Services Committee recess in-camera at 3:25 p.m. to consider a legal matter.
CARRIED
36. LEGAL
MATTER (8.0)
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Regional Councillor B. O’Donnell
That the Committee rise from in-camera at 3:50 p.m.
CARRIED
----------------------------------------------------------------------------------------------------
NEW BUSINESS
37. HERITAGE ESTATES (16.11)
Moved
by: Councillor E. Shapero
Seconded
by: Mayor D. Cousens
That
staff be directed to begin assessing potential new sites for a second Heritage
Estates subdivision, and report back to Development Services Committee in
approximately three months.
CARRIED
38. ADULT VIDEO STORES (2.11)
The Ward 8 Councillor noted a concern of the residents
that an Adult Video Store is being established in an inappropriate
neighbourhood location. Staff advised that the Town Clerk is looking into this
matter, and an update will be provided.
PART C
Public Meeting
7:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
S. Heaslip, Senior Project
Coordinator
A. Henriques, Planner
R. Kendall, Senior Project
Coordinator
S. Kitagawa, Acting Senior Project
Coordinator
V. Shuttleworth, Director of
Planning and Urban Design
K. Bavington, Committee Clerk
|
The Development Services Committee convened at the hour of 7:00 p.m. in the Council Chamber with
Councillor G. McKelvey in the Chair.
39. FAIRGLEN HOMES LIMITED 9765 KENNEDY ROAD
BERCZY VILLAGE COMMUNITY
ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF
SUBDIVISION APPROVAL TO PERMIT
18 SINGLE
DETACHED LOTS (SU 05 009324,
ZA 05 009327) (10.5, 10.7)
Councillor J. Virgilio disclosed an interest with respect to the proposed
development by Fairglen Homes Limited at 9765
Kennedy Road, by nature of representing the owner,
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 proposed Zoning By-law amendment and Draft Plan of
Subdivision (Files SU 05 009324, ZA 05 009327) submitted by Fairglen Homes
Limited to permit 18 single detached lots at 9765 Kennedy Road, in the Berczy
Village Community.
Committee was advised that 137
notices were mailed on August 10, 2005, and a Public Meeting sign was
posted on August 5, 2005. There were no written submissions
received.
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Joanne Barnett, representing
the applicant, Fairglen Homes, was in attendance to answer any questions. There
were no comments from the audience with respect to this application.
Committee discussed road
connections and the Heritage House. Staff is working with the applicant to
ensure the Heritage House has sufficient land.
Moved by: Regional Councillor
B. O’Donnell
Seconded by: Councillor A.
Chiu
That the record of the Public
Meeting held on August 30, 2005, with respect to the proposed amendments to
By-law 304-87 and 177-96, as amended, Fairglen Homes Limited, to permit 18
single detached lots on the east side of Kennedy Road, north of Bur Oak Avenue,
Berczy Village Community, be received;
And that the application by
Fairglen Homes Limited to amend By-laws 304-87 and 177-96 be referred back to
staff for a report and recommendation.
CARRIED
40. SHELL CANADA LIMITED, 8510 WOODBINE AVE
N/W CORNER OF HIGHWAY 7 AND
WOODBINE AVENUE
ZONING BY-LAW AMENDMENT TO
PERMIT AN
AUTOMOBILE SERVICE STATION (ZA
05 012111)(10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Zoning By-law amendment (File, ZA 05
012111) submitted by Shell Canada Limited to permit an automobile service
station at 8510 Woodbine Avenue.
Committee was advised that 19
notices were mailed on August 10, 2005, and a Public Meeting sign was
posted on August 3, 2005. Committee received one written
submission from Patricia A. Foran, Aird & Berlis, representing Angelico
Investments, the owner of lands at the northeast corner of Highway 7 and Woodbine Avenue, stating concerns.
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
There were no comments from the audience with respect to this application.
Committee discussed
floodplains and wildlife issues. Staff advised that TRCA has no concerns
regarding floodplains, and an update will be provided on the wildlife matter
after talking further with TRCA.
Scott Walker of Walker, Nott,
Dragicevic, Associates Limited, and Shell Canada representatives were in
attendance to answer any questions. Mr. Walker advised that all outstanding
items have been submitted, and TRCA issues have been addressed. With respect to
wildlife protection, Mr. Walker advised that the proposal should not have an
impact.
Committee received
confirmation that access will be by right-in and right-out entrances. Staff was
directed to review the location of the carwash structure with Urban Design
staff, and to ensure lighting is recessed.
Moved by: Councillor D.
Horchik
Seconded by: Councillor J.
Virgilio
That the written submission
from Patricia A. Foran, Aird & Berlis, representing Angelico Investments,
the owner of lands at the northeast corner of Highway 7 and Woodbine Avenue,
stating concerns for the proposal by Shell Canada for 8510 Woodbine Avenue, be
received;
And that the report from
Development Services Commission dated June 21, 2005, entitled “Preliminary Report:
Application for Zoning By-law Amendment to Permit an Automobile Service
Station” be received;
And that the record of the
Public Meeting held on August 30, 2005, with respect to the proposed amendment
to By-law 165-80 as amended, and By-law 127-76, as amended, be received;
And that the application by
Shell Canada Limited to amend By-law 165-80 as amended and By-law 127-76, as
amended, be referred back to staff for a report and recommendation.
CARRIED
41. JM HOSPITALITY INC. & HDBB
INVESTMENTS INC.
8221 WOODBINE AVENUE, N/E CORNER OF HIGHWAY #407
AND WOODBINE AVENUE, ZONING
BY-LAW AMENDMENT
TO PERMIT A PHASED HOTEL
DEVELOPMENT (ZA 05 013331)(10.5)
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Zoning
By-law amendment (File, ZA 05 013331) submitted by JM Hospitality Inc. and HDBB
Investments Inc. to permit a phased hotel development at 8221 Woodbine Avenue.
Committee was advised that 22
notices were mailed on August 10, 2005, and a Public Meeting sign was
posted on august 9, 2005. There were no written submissions received.
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Adrian Mauro of Chamberlain
Architect Services Inc, representing the applicant, gave a brief presentation
on the proposal, and advised that a two-year feasibility study will be done
before committing to the second phase.
Committee discussed economic
impacts with respect to the proposed use, and requested that staff review the
proposal with the Economic Development Department.
There were no comments from
the audience with respect to this application.
Moved by: Regional Councillor
J. Jones
Seconded by: Councillor D.
Horchik
That the Development Services
Commission report dated June 21, 2005, entitled “Preliminary Report, JM
Hospitality Inc. and HDBB Investments Inc. at 8221 Woodbine Avenue, Zoning
Amendment application to permit a phased Hotel Development, File Number: ZA 05
013331” be received;
And that the record of the
Public Meeting held on August 30, 2005, with respect to the proposed amendment
to By-law 2284-68, be received;
And further that the
application by JM Hospitality Inc. and HDBB Investments Inc. to amend By-law
2284-68 be referred back to staff for a report and recommendation.
CARRIED
ADJOURNMENT
The Development Services Committee meeting adjourned at the hour of 8:20 p.m.