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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2006-02-07 - 1:00 p.m.

Meeting No. 4

All Members of Council

Development Services                                                                             Economic Development

Chair:              Councillor G. McKelvey                                                                                                            Chair:          Councillor J. Virgilio

Vice-Chair:      Councillor D. Horchik

 

PARTS A AND B - 1:00 p.m. - Council Chamber

 

Attendance

Mayor D. Cousens (2:00)

Deputy Mayor  F. Scarpitti (left: 4:05)

Regional Councillor J. Heath (1:35)

Regional Councillor J. Jones

Regional Councillor B. O’Donnell

Councillor S. Daurio

Councillor E. Shapero (1:50)

Councillor J. Webster

Councillor G. McKelvey

Councillor D. Horchik

Councillor A. Chiu

J. Baird, Commissioner of Development Services

J. Sales, Commissioner of Community Services

A. Taylor, Commissioner of Corporate Services

A. Arbuckle, Manager, Infrastructure and Capital Works

S. Bordone, Planner

M. Boyce, Senior Policy Coordinator

A. Brown, Director of Engineering

C. Conrad, Town Solicitor

D. Clark, Town Architect

G. Day, Planner

L. Irvine, Manager, Parks and Open Space Planning

A. Henriques, Planner

R. Kendall, Senior Project Coordinator

S. Kitagawa, Acting Senior Project Coordinator

P. Loukes, Director, Operations

S. Marsh, Senior Planner, Urban Design

D. Miller, Senior Planner

A. Mukherjee, Manager, Transportation Engineering

N. Pileggi, Planner

V. Shuttleworth, Director of Planning and Urban Design

B. Varner, Real Property Manager

B. Wiles, Manager, Enforcement and Licensing

L. Wimmer, Senior Planner, Urban Design

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 1:20 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair.

 

 

DISCLOSURE OF INTEREST – none declared

 

 

 

1.         CALORA INVESTMENTS, 9301 AND 9311 HIGHWAY 48
            PROPOSED DEEMING BY-LAW
            LOTS 1 AND LOT 2, REGISTERED PLAN 4160 (10.6)

Report      1    2

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor A. Chiu

 

That Council enact a By-law to deem Lots 1 and Lot 2, Registered Plan 4160 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

 

 

2.         HERITAGE WEEK 2006, FEBRUARY 19-25, 2006 (16.11)

Report

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor A. Chiu

 

That the week of February 19-25, 2006 be proclaimed as Heritage Week in the Town of Markham;

 

And that the Heritage Section set up an educational heritage display in the Great Hall of the Civic Centre during Heritage Week to promote Markham’s built heritage programs;

 

And that the Prince of Wales Prize Flag be authorized to be raised on the Town of Markham Civic Centre Flagpole for the duration of Ontario Heritage Week.     

CARRIED

 

 

 

3.         ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL
            SUBDIVISIONS, REGISTERED PLAN #’S 65M-3358, 65M-3559,
            65M-3575, 65M-3519, 65M-3493, 65M-3494, 65M-3172, 65M-3245,
            65M-3364, 65M-3051 AND 65M-3343
            ENGINEERING FILE #’S 1017 PHASE I AND II, 1023, 3076 PHASE I,
            3075 PHASE I, 3009 PHASE V, 2128 PHASE I AND II, 2085 PHASE II,
            2122 PHASE II (10.7)

            Report   1  2  3  4  5  6  7  8  9  10  11  12  13  14

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor A. Chiu

 

That the services in Subdivision, Registered Plan Numbers 65M-3358, 65M-3559, 65M-3575, 65M-3519, 65M-3493, 65M-3494 65M-3172, 65M-3245, 65M-3364, 65M-3051 and 65M-3343  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 by-law to amend Schedule ‘C’ of the Parking By-law 2005-188, by including no parking on 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

 

 

 

4.         DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, ABRAHAM REESOR HOUSE
            7265 HIGHWAY 7 (RUSSELL PROPERTY)
            FRANK ALBERT REESOR HOUSE
            7323 HIGHWAY 7 (REESOR PROPERTY) (16.11.3)

Report     1    2

 

Ashmore Reesor, 8042 Reesor Road, spoke to the Committee regarding 7323 Highway 7, advising that he did not object to the designation, but requested input to the Secondary Plan and  surrounding development, with respect to impacts on the subject property. He noted concerns for the future road pattern, and for protection of the trees.

 

Staff confirmed that the owners of both properties subject to proposed designation had been notified of this meeting, and advised that typically, house and a smaller parcel are protected, but that it is up the property owner to develop or retain his property.

 

Committee stated that the recommendation is for Notice of Intention to be published and there will be an opportunity for Mr. Reesor to discuss his concerns with staff. Staff was directed to ensure Mr. Reesor is kept informed of surrounding development.

 

Committee agreed to a division of the question. A motion to defer the designation of 7323 Highway 7 was lost.

 

Moved by: Councillor J. Webster

Seconded by: Councillor D. Horchik

 

That the report titled “Designation under Part IV of the Ontario Heritage Act, Abraham Reesor House – 7265 Highway 7 (Russell Property), Frank Albert Reesor House – 7323 Highway 7 (Reesor Property) be received;

 

And that the Abraham Reesor House – 7265 Highway 7 be approved for designation under Part IV of the Ontario Heritage Act as properties of cultural heritage value or interest;

 

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 the property.

CARRIED

 

Moved by: Councillor D. Horchik

Seconded by: Councillor J. Webster

 

That the report titled “Designation under Part IV of the Ontario Heritage Act, Abraham Reesor House – 7265 Highway 7 (Russell Property), Frank Albert Reesor House – 7323 Highway 7 (Reesor Property) be received;

 

And that the Frank Albert Reesor House – 7323 Highway 7 be approved for designation under Part IV of the Ontario Heritage Act as properties of cultural heritage value or interest;

 

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 the property.

CARRIED

 

 

5.         STREET LIGHT SELECTION CRITERIA
            FOR ALTERNATIVE STREET LIGHTING
            ON PUBLIC RIGHT OF WAYS (10.0)

Report 

 

Moved by: Councillor D. Horchik

Seconded by: Regional Councillor J. Heath

 

That the report entitled, “Street Light Selection Criteria for Alternative Street Lighting on Public Right of Ways”, dated February 7, 2006 be received;

 

And that the “Street Light Selection Criteria” be endorsed as the guideline for consideration of alternative street light fixtures and poles in the Town of Markham.

CARRIED

 

6.         RECOMMENDED APPROACH TO MARKHAM'S
            TREE PRESERVATION BY-LAW (2.21)

Report    Attachment

 

Staff presented background to the Tree Preservation By-law initiative, and outlined the project status, the legislative authority under the Municipal Act (2001), Markham’s current tree protection practices, and proposed provisions for Heritage trees. If Committee endorses the proposed approach, staff will finalize the tree preservation by-law and report back to Committee on staffing requirements, enforcement, and other issues.

 

Marion Matthias, 33 Colborne Street, stated her support for tree preservation and Heritage protection.

 

Committee directed that the Cachet and Jennings Gate areas be included in this by-law.  Discussions included the different standards for Heritage districts, the urgency of enacting the by-law soon to prevent pre-emptive actions intended to avoid the by-law, deterrents,  enforcement, liability, and addressing the rural areas in the next phase. Committee directed that the participants in the survey and meetings be notified when this matter comes forward.

 

Committee suggested using the type of information found on Page 3 of the Information Sheet,

(Appendix “A” to the staff report dated February 7, 2006) with respect to “Urban Forest” and City of Toronto statistics, be used in Markham’s education program.

 

A motion to amend the diameter for “significant” trees, town-wide, to 25 cm. was lost.

 

Moved by: Regional Councillor J. Heath

Seconded by: Councillor E. Shapero

 

That the deputation by Marion Mathias in support of the Tree Preservation By-law, be received.

 

And that the report to Development Services Committee entitled “Recommended Approach to Markham’s Tree Preservation By-law” dated February 7, 2006 be received;

 

And that Council endorse, in principle, a preferred approach for a tree preservation by-law for the Town of Markham which includes the “Urban Area plus Heritage Conservation District Study Areas and Hamlets outside the Urban Area as identified in the Official Plan” and includes the Jennings Gate subdivision and all lands south of Major Mackenzie Drive, between Kennedy Road and Woodbine Avenue that are not currently within the urban boundaries;

 

And that Council endorse, in principle, the development of a “Tree Preservation Education Program” which would support and accompany the Tree Preservation By-law;

 

And that staff proceed to finalize a Tree Preservation By-law for the Town of Markham in consultation with appropriate Town departments, based on the “Urban Area Approach” noted above;

 

And that staff report back on the resources and staffing required to administer and enforce the Tree Preservation By-law and to implement a Tree Preservation Education Program;

 

And that the Tree Preservation By-law be brought forward for enactment only after staff has reported back to Council on requirements to support additional staff to administer and enforce the Tree Preservation By-law and Tree Preservation Education Program;

 

And further that staff investigate the options and costs associated with conducting a Heritage Tree Inventory, looking at issues related to part of Phase II of the Tree By-law, and report back to Council for further direction.

CARRIED

 

 

Public Meeting – to Council

 

 

7.         JOLIS INVESTMENTS, WEST SIDE OF WOODBINE AVENUE
            NORTH OF 16TH AVENUE AT CALVERT ROAD
            ZONING BY-LAW AMENDMENT TO IMPLEMENT RECENT
            REVISIONS TO DRAFT PLAN OF SUBDIVISION 19T-88018
            (ZA 05 025323) (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 025323, submitted by Jolis Investments to implement recent revisions to draft plan of subdivision 19T-88018, on the west side of Woodbine Avenue, north of 16th Avenue at Calvert Road.

 

Committee was advised that 116 notices were mailed on February 1, 2006, and a Public Meeting sign was posted on January 18, 2006. Committee received written submissions from:

1.         Clive Cheung, 193 Hopecrest Road, in objection

2.         Tara Clayton, Regional Municipality of York, Roads Branch, with comments.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues. There were no comments from the public, and the Committee had no concerns.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the written submissions from Clive Cheung, in objection; and from Tara Clayton, Regional Municipality of York, Roads Branch, with comments on the proposed  Zoning By-law amendment, File ZA 05 025323, submitted by Jolis Investments, on Woodbine Avenue, be received;

 

And that the Development Services Commission preliminary report dated January 10, 2006 entitled “Application by Jolis Investments for a Zoning By-law Amendment to implement recent revisions to draft plan of subdivision 19T-88018, located on the west side of Woodbine Avenue, north of 16th Avenue at Calvert Road (File ZA 05 025323)” be received;

 

And that the Record of the Public Meeting held on February 7, 2006, with respect to the Zoning By-law Amendment, be received;

 

And that the draft amendment to By-law 165-80 be referred to Council for approval.

 

CARRIED

 

 

8.         SHOULDICE HOSPITAL LTD., 7750 BAYVIEW AVENUE
            DRAFT PLAN OF SUBDIVISION 19T-95002
            TOWN INITIATED ZONING BY-LAW AMENDMENT AND
            REVISIONS TO CONDITIONS OF DRAFT PLAN OF SUBDIVISION
            APPROVAL TO REFLECT THE TOWN’S REDUCTION IN
            SERVICING ALLOCATION (SUB 95 001) (10.7)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed  Town initiated Zoning By-law amendment and revisions to conditions of draft plan of subdivision approval to reflect the Town’s reduction in servicing allocation for Shouldice Hospital Limited, 7750 Bayview Avenue, File SUB 95 001.

 

Committee was advised that 431 notices were mailed on January 18, 2006, and a Public Meeting sign was posted on January 10, 2006. Committee received written submissions from:

1.         Linda Herron, Pomona Valley subdivision, in objection

2.         Sylvia E. Gatti-Klein and Helmut Klein, 22 Dell Glen Court, in support

3.         Lois Warren-Sudeyko and Bob Sudeyko, 12 Dell Glen Court, in support

4.         Robert Major, Regional Municipality of York, Transportation and Works Department, submitting comments

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues.

 

Mary Flynn-Guglietti of McMillan Binch Mendelsohn, representing the applicant, Shouldice Hospital, expressed dismay at the recent servicing allocation distribution that reduced Shouldice Hospitals approval from 375 units to 200 units for the first phase. Ms. Flynn-Guglietti requested clarification that the Hold provisions attached to development beyond the proposed 200 unit phase would be for sewage allocation only. Staff clarified this issue and agreed to reword the amendment.

 

Marion Matthias, 33 Colborne Street, requested information on the future of the Hospital. Staff advised that the Town has no control over the continuation of the Hospital use.

 

Evelyn Ellison, 48 Jolis Street, stated concerns for the impacts on wildlife and trees, and traffic issues, and questioned the outcome of a previous application by the Hospital for an extension. Ms. Ellison also stated that she had not received notice of this Public Meeting. Staff advised that  Ms. Ellison is outside the normal notification range, however additional notice is provided by the sign posted on the property. The Committee noted Ms. Ellison’s concerns.

 

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Jones

 

That the written submissions from Linda Herron, in objection; and from Sylvia E. Gatti-Klein and Helmut Klein, and Lois Warren-Sudeyko and Bob Sudeyko, in support; and from Robert Major, Regional Municipality of York, Transportation and Works Department, submitting comments

regarding the Town initiated Zoning By-law amendment and revisions to conditions of draft plan of subdivision approval for Shouldice Hospital Limited, 7750 Bayview Avenue, File SUB 95 001, be received;

 

And that the deputation by Marion Matthias and Evelyn Ellison, with concerns regarding the Town initiated Zoning By-law amendment and revisions to conditions of draft plan of subdivision approval for Shouldice Hospital Limited, 7750 Bayview Avenue, File SUB 95 001, be received;

 

And that the Development Services Commission information report dated November 22, 2005, entitled “Town initiated Zoning By-law Amendment and revisions to conditions of draft plan of subdivision to reflect the Town’s reduction in servicing allocation to Shouldice Hospital Ltd., 7750 Bayview Avenue, draft plan of subdivision 19T-95002 (SUB 95 001)” be received;

 

And that the Record of the Public Meeting held on February 7, 2006, with respect to the Town initiated Zoning By-law Amendment and revisions to the draft plan of subdivision, be received;

 

And that the draft amendment to By-law 2237 and the revisions to Draft Plan of Subdivision 19T-95002, be referred to Council for approval, with clarification regarding the Hold provisions.

CARRIED

 

 

 

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

Other matters considered by Development Services Committee on February 7, 2006:

 

 

 

 

9.         MARKHAM CENTRE HIGH SCHOOL (13.6.1)

 

Staff gave an overview of the site plan application for the proposed York School for Athletics and Healthy Active Living in the Markham Centre East Precinct. Phase I is anticipated to be operational with Grades 9 and 10 only in September 2008, and Phase II will follow with enhanced athletic facilities.

 

Staff reviewed access and traffic issues, outlining interim conditions and ultimate conditions in 2011. Staff will report back on the resolution of key issues – transportation, access, and servicing.

 

 

 

Jane Ross and Bill Crothers, Board Chair, representing the York Region District School Board, gave a brief presentation and provided an information booklet on the proposed school. The Board is holding a public information meeting on February 8 that will encompass the issues discussed today. 

 

Committee discussed traffic issues and supported accelerating completion of Enterprise Boulevard to coordinate with the school opening.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the presentation by Town staff and Jane Ross and Bill Crothers of the York Region District School Board  regarding the Markham Centre High School, be received.

CARRIED

 

 

 

10.       REMINGTON GROUP, PHASE I TOWN HOMES
            MARKHAM CENTRE (10.8)

 

Moved by: Councillor S. Daurio

Seconded by: Regional Councillor B. O'Donnell

 

That the presentation by the Remington Group, regarding Phase I Town Homes, be deferred at the applicant’s request.

CARRIED

 

 

 

11.       MARKHAM CENTRE STREET NAMING (10.14)

 

As a follow-up to Committee discussions, staff provided alternate names for the road that the YMCA is located on: Innovation Avenue; Convergence Drive; and Creativity Road. Committee suggested Research Road be considered as well, and directed that the YMCA be involved in further discussions regarding the name of the road.

 

Moved by: Councillor J. Webster

Seconded by: Regional Councillor B. O'Donnell

 

That the staff presentation regarding street names in Markham Centre, be received.

CARRIED

 

 

 

 

12.       LANGSTAFF COMMUNITY ASSOCIATION
            REGARDING ZONING BY-LAW 2551 (10.5)

Correspondence

 

Donald C. Hindson of Cattanach Hindson Sutton and VanVelduizen, representing the Langstaff Community Association Inc., made a lengthy deputation with respect to Zoning By-law 2551. Several landowners were in attendance in support of the presentation.

 

The Committee received correspondence from Mr. Hindson dated December 9, 2005, and a copy of his presentation.

 

The area of discussion included properties west of Bayview Avenue to Church Street, and from Highway 407 to the cemetery lands. Mr. Hindson provided background on the differing Rural Industrial and Highway Commercial designations. OPA 54 was implemented in 1986, redesignated the area to Industrial Commercial and Open Space and indicated Council’s intention to utilize the subject area in Langstaff for Industrial uses. In 1995, OPA 26 and the Thornhill Secondary Plan (OPA 1) came into effect, which delivered a mixed message to the residents with respect to densities and uses.  

 

Mr. Hindson suggested that as a result, there is a concentration of outside storage uses, legal and otherwise, and that the current By-law 2551 is 20 years old and out of date. Area property owners are applying for Temporary Use By-laws or are attempting to relocate their businesses, and are requesting the following concessions from the Town:

 

1.      That a moratorium be placed on the issuance of Compliance Orders and By-law Prosecutions for a length of time to be determined by the proposed Committee outlined in the following point;

2.      That the Langstaff Community Association be permitted a voice in the Planning of the area, to provide staff with first-hand information on the wishes of the owners, and to liaise with the other owners regarding Council’s decisions;

3.      In conjunction with York Region, Council is requested to locate, designate, and rezone properties where outside storage could occur, subject to Site Plan Control, so that existing businesses could be relocated.

 

Mr. Hindson noted that numerous Orders to Comply are dated for February 15 and 17, 2006, therefore the owners request Council’s action and formation of a working committee prior to these dates.

 

Staff noted that several attempts have been made to address zoning issues, and recent initiatives have been delayed due to the Regional transit project. A Visioning document has been prepared in past, and it was suggested that the current study be re-directed rather than delayed. Provision of transit and servicing are key issues. Land assemblies are now developing, which may have an impact on efforts.

 

 

 

 

Committee discussed ongoing efforts, lack of progress, and requests by the residents for more time. Committee supported referring this matter to the Thornhill Subcommittee, with interim and final report dates to monitor progress. Mr. Hindson was requested to ensure that land owners, not just tenants, participate in the Subcommittee meetings.

 

The Committee agreed to discuss compliance issues in-camera, later in the meeting.

 

Moved by: Regional Councillor B. O'Donnell

Seconded by: Regional Councillor J. Jones

 

That the correspondence dated December 9, 2005, and the deputation by Donald C. Hindson of Cattanach Hindson Sutton and VanVelduizen, representing the Langstaff Community Association Inc., with respect to Zoning By-law 2551, be received;

 

And that Thornhill Subcommittee meetings be held with staff, the Langstaff Community Association Inc., and area property owners with respect to Planning issues;

 

And that the Thornhill Subcommittee provide a progress report to the Development Services Committee in early June, 2006, and a final report in early October, 2006.

 

CARRIED

 

 

13.       MAIN STREET MARKHAM COMMITTEE MINUTES
- January 18, 2006  (16.39)

Minutes

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor A. Chiu

 

That the minutes of the Heritage Markham Committee meeting held January 18, 2006, be received for information.

CARRIED

 

 

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

Report

 

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 February 7, 2006.

CARRIED

15.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF DECEMBER 3, 2005 TO JANUARY 6, 2006 (10.0)

Report

 

Staff was directed to delay presentation of the By-law for Rodeo Homes until the Ward Councillor has an opportunity to meet with residents.

 

Moved by: Councillor E. Shapero

Seconded by: Councillor A. Chiu

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of  December 3, 2005 to January 6, 2006” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

 

 

16.       THANH CHU (CHU’S MARTIAL ARTS WORLD)
            55 GLEN CAMERON ROAD
            ZONING BY-LAW AMENDMENT TO PERMIT
            A COMMERCIAL SCHOOL (ZA 05 024111) (10.5)

Report     1    2    3

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider the Zoning Amendment application (ZA 05 024111) submitted by Thanh Chu to include a commercial school as a permitted use at 55 Glen Cameron Rd, located east of Yonge St on the south side of Glen Cameron Rd within the Thornhill Secondary Plan Area. 

CARRIED

 

 

17.       1191373 ONTARIO INC., 7200 MARKHAM RD
            ZONING BY-LAW AMENDMENT TO PERMIT A
            GENERAL MERCHANDISE DEPARTMENT STORE (GIANT TIGER)
            WITHIN AN EXISTING BUILDING (ZA 05 027205) (10.5)

Report     1    2    3

 

Moved by: Regional Councillor J. Jones

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider the application submitted by 1191373 Ontario Inc. to permit a General Merchandise Department Store (Giant Tiger) within an existing building at 7200 Markham Road.

CARRIED

 

 

18.       WEMAT FOUR LIMITED, 80 MINTHORN BLVD.
            SITE PLAN APPROVAL FOR EIGHT-STOREY
            PROFFESSIONAL OFFICE BUILDING (SC 05 016629) (10.6)

Report    1   2   3   4   5

 

Dagmar Teubner, representing the applicant, Wemat Four Limited, was in attendance to present elevations of the proposed building. Ms. Teubner clarified three of the conditions relating to:

 

4. d)     Driveway Location: A Traffic Engineer has been retained by the applicant to review the location of the driveway with repect to the curve of Minthorn Boulevard, and it was requested that the consultant’s recommendation be considered by the delegated approval authority. Staff supported rewording the condition to clarify that final access will be to the satisfaction of the Director of Engineering.

 

4. e) (iv)  Building Materials: Ms. Teubner confirmed that material will be similar to the building at 50 Minthorn Boulevard.

 

4. h)     Committee of Adjustment: Although the applicant’s site plan indicates an access to the  property to the east, the applicant does not now own the adjacent property, and will not be able to comply with the requirement for an easment for a potential mutual driveway.  Staff advised that a second access is required for a development of this scale. If the revised site plan indicates the secondary access is dependant on integration, proper arrangements will have to be made with the adjacent property owner. Committee agreed to delete h) and incorporate the requirement for a secondary access into clause 4.d), to the satisfaction of the Director of Engineering.

 

Committee requested the applicant consider applying for the Leeds Building program for this development, and that staff keep the Committee informed of the progress.

 

Moved by: Councillor D. Horchik

Seconded by:

 

That the Site Plan application (SC 05 016629) submitted by Wemat Four Limited for an eight-storey professional office building at 80 Minthorn Blvd, be endorsed in principle, subject to the following conditions:   

 

1.      That site plan approval be delegated to the Director of Planning & Urban Design or her designate, to be issued following execution of a site plan agreement.  Site Plan approval issues only when the Director has signed the site plan “approved”;

2.      That the owner will enter into a site plan agreement with the Town of Markham containing all standard provisions and requirements of the Town and public agencies, including:

a)   Provision for payment by the Owner of all applicable fees, recoveries and development charges;

b)   Provisions for satisfying all requirements of the Town’s Departments and external agencies, including the Regional Municipality of York Transportation and Works Department;

3.      That this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing February 7, 2006, in the event that the site plan agreement is not executed within that period;

4.      That prior to approval of the site plan, the Owner shall:

a)   Submit drawings, to the satisfaction of the of the Director of Operations, showing the     location and size of the internal garbage room/recycling room;

b)  Submit a revised site plan, to the satisfaction of the Fire Chief, indicating fire department connections, the location of fire hydrants, and the location of Fire Access Route Signs; 

c)   Meet with the fire department to finalize the location of the Fire Department connection, private hydrant, fire access route signage and rapid entry key box, to the satisfaction of the Fire Chief; 

d)   Submit a revised site plan, to the satisfaction of the Director of Engineering, showing the centreline of the proposed driveway to the subject development, the final access location, and showing a second access to the site. If the secondary access is dependant on integration, proper arrangements must be made with the adjacent property owner.

 

e)      Provide a revised site plan and building elevations, to the satisfaction of the Director of Planning and Urban Design, which shows:

i)        A key map;

ii)       Compliance with the minor variances obtained from the Committee of Adjustment;

iii)     Strengthened pedestrian connections throughout the site, particularly at the intersection of Highway 7 and Leslie St and internally from the north and south ends of the building and to the site to the east;

iv)     Specification of building materials, additional detail for the primary building entrance, stronger cornice treatment on the building, and screening of roof top heating, air conditioning and ventilation equipment;

f)    Submit a Landscape Plan, to the satisfaction of the Director of Planning and Urban Design, prepared by a Landscape Architect having O.A.L.A. membership, with emphasis on the landscape treatment along the Highway 7 and Leslie St frontage and the required street tree planting in the boulevard;

g)   Obtain all necessary approvals from the Regional Municipality of York (Transportation and Works Department);

And that staff keep the Committee informed of the progress of the developer’s application for the LEED (Leadership in Energy and Environment Design) Certification Program.

CARRIED

19.       COMMENTS ON BILL 51 – AN ACT TO AMEND
            THE PLANNING ACT AND THE CONSERVATION LAND ACT (13.2)

Report

 

Committee directed that a work session by held on this issue at the next Committee of the Whole or Development Services Committee meeting.

 

Moved by:  Councillor E. Shapero

Seconded by: Regional Councillor J. Heath

 

That consideration of the staff report entitled “Comments on Bill 51 – An Act to amend the Planning Act and the Conservation Land Act”, dated February 7, 2006, be deferred to allow for a work session at the next Committee of the Whole or Development Services Committee meeting.

CARRIED

 

 

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IN CAMERA

 

20.       LEGAL MATTERS (10.0, 8.5)

 

Moved by: Councillor S. Daurio

Seconded by:  Councillor D. Horchik

 

That the Development Services Committee recess in-camera at 5:20 for legal matters.

 

CARRIED

 

Moved by:  Councillor A. Chiu

Seconded by: Councillor J. Webster

 

That the Committee rise from in-camera at 6:00 p.m.

CARRIED

 

 

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PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

Deputy Mayor  F. Scarpitti

Regional Councillor J. Jones

Regional Councillor B. O’Donnell

Councillor S. Daurio

Councillor E. Shapero

Councillor J. Virgilio

Councillor J. Webster

Councillor G. McKelvey

Councillor D. Horchik

Councillor K. Usman

Councillor A. Chiu

 

Regrets

 

Mayor D. Cousens

Regional Councillor J. Heath

R. Blake, Senior Project Coordinator

A. Henriques, Planner

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.

 

 

DISCLOSURE OF INTEREST – none declared

 

See also: Items 7 and 8.

 

 

21.       MOHAMMED KHAN IN TRUST (SWALLOW’S NEST)
            93 HELEN AVENUE, ZONING BY-LAW AMENDMENT
            AND DRAFT PLAN OF SUBDIVISION TO PERMIT
            SIX RESIDENTIAL LOTS (ZA 05 019772, SU 05 027340) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed  Draft Plan of Subdivision and Zoning By-law amendment, Files SU 05 027340, ZA 05 019772, submitted by Mohammed Khan in Trust (Swallow’s Nest) to permit six residential lots at 93 Helen Avenue.

 

Committee was advised that 29 notices were mailed on January 18, 2006, and a Public Meeting sign was posted on January 18, 2006. Committee received a written submission from Glenn Baron and P. Doherty, 251 Helen Avenue, with concerns.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues.

 

Glenn Baron, 251 Helen Avenue, stated his concerns for traffic and pedestrian safety. Mr. Baron  discussed the provision of servicing on Helen Avenue, and requested sewer laterals be provided for his property. Committee noted his concerns and directed staff to provide a response to Mr. Baron’s questions.

 

Moved by: Councillor D. Horchik

Seconded by: Councillor J. Webster

 

That the written submission from Glenn Baron and P. Doherty, with concerns regarding the proposed  Draft Plan of Subdivision and Zoning By-law amendment, Files SU 05 027340, ZA 05 019772, submitted by Mohammed Khan in Trust (Swallow’s Nest) for 93 Helen Avenue, be received;

 

And that the deputation by Glen Baron with concerns regarding the proposed  Draft Plan of Subdivision and Zoning By-law amendment, Files SU 05 027340, ZA 05 019772, submitted by Mohammed Khan in Trust (Swallow’s Nest) for 93 Helen Avenue, be received;

 

And that the Development Services Commission report dated November 8, 2005 entitled “Preliminary Report, Mohammed Khan in Trust, Application to amend the Zoning By-law to permit 6 residential lots, 93 Helen Avenue, South Unionville Planning District (ZA 05 019772)” be received;

 

And that the Record of the Public Meeting held on February 7, 2006, with respect to the proposed amendments to By-law 304-87 (ZA 05 019772) and proposed draft plan of subdivision 19TM-05020 (SU 05 027340) be received;

 

And further that the applications submitted by Mohammed Khan in Trust be referred back to staff for a final recommendation report.

CARRIED

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 8.00 p.m.

 

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