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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2005-06-21

Meeting No. 12

All Members of Council

Development Services                                                                             Economic Development

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

Vice-Chair:      Councillor D. Horchik

 

PART A - 11:00 a.m. - Canada Room

PART B - 1:00 p.m. - Council Chamber

Attendance

Deputy Mayor  F. Scarpitti  (left – 3:00)

Regional Councillor J. Heath

Regional Councillor J. Jones

Regional Councillor B. O’Donnell

Councillor S. Daurio

Councillor E. Shapero (11:35,  left – 3:50)

Councillor J. Virgilio

Councillor J. Webster

Councillor G. McKelvey

Councillor D. Horchik (Absent 1:00 – 2:20)

Councillor K. Usman (11:40, left – 2:00)

Councillor A. Chiu

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

R. Blake, Senior Project Coordinator

M. Boyce, Senior Policy Coordinator

A. Brown, Director of Engineering

S. Chait, Director of Economic Development

D. Ciastko, Economic Development Officer

D. Clark, Town Architect

C. Conrad, Town Solicitor

G. Day, Planner

S. Heaslip, Senior Project Coordinator

R. Hutcheson, Manager, Heritage Planning

P. Ingham, General Manager, Roads

L. Irvine, Manager, Parks & Open Space Planning

I. James, Landscape Planer

B. Karumanchery, Senior Project Coordinator

T. Lambe, Manager, Policy and Research

P. Loukes, Director, Operations and Asset Management

G. Sellars, Senior Planner

V. Shuttleworth, Director of Planning and Urban Design

L. Wimmer, Senior Planner, Urban Design

K. Bavington, Committee Clerk

 

 

 

The Development Services Committee convened at the hour of 11:00 a.m. in the Canada Room with Councillor G. McKelvey in the Chair.  Councillor J. Virgilio assumed the Chair for the Economic Development item, No. 8.

 

Committee welcomed the visiting Grade 5 class from Sommerset Academy.

 

DISCLOSURE OF INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to Item # 13, the proposed development by Wykland Estates Inc. and Mattamy (Country Glen) Limited in the Cornell Planning district, by nature of representing the previous owner who now holds the mortgage on the subject 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 # 34, 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.

 

Councillor J. Virgilio disclosed an interest with respect to Item # 51, the proposed development by 1297482  for a 4-storey apartment building by nature of representing the owner of an adjoining 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 # 52,  the proposed development by 1297482  for 19 single detached dwellings by nature of representing the owner of an adjoining property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

 

1.         MILLER PAVING LIMITED, 7781 WOODBINE AVENUE
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            TO PERMIT A MAJOR SHOPPING CENTRE
            (OP 04 017217, ZA 04 017225)
(10.3, 10.5)

 

Committee had before it the staff report and the extract from the Development Services Committee, dated March 22, 2005, for background information. Staff gave a brief summary of the proposal.

 

Leo McArthur, applicant, and Jim Kirk of Malone Given Parsons Ltd. were in attendance to present revisions to the plan, consisting of a reduction in the number of large format stores from 3 to 2, and an increase in the acreage of employment lands. The plan includes office space, an entry feature, elimination of drive-through uses on Woodbine Avenue, and a potential future roadway.

 

Staff advised that direction is required from the Committee regarding policy issues, and recommended that if the proposal proceeds, that zoning not be approved until a site plan and subdivision application is received.

 

 

Committee discussed appropriate locations for Big Box development, setting precedents, proper consideration of policy changes, the issues outlined in the staff report, the Rodick Road extension, and time frames for the development of this property. The applicant advised that the timing for relocation of the industrial use will be 4 to 5 years. It was noted that no complaints have been received regarding truck traffic at this location

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That the presentation by Jim Kirk of Malone Given Parsons Ltd. and Leo McArthur, both representing the applicant, Miller Paving Limited, regarding revisions to the proposal at 7781 Woodbine Avenue, be received;

 

And that the application for Official Plan Amendment (File OP 04 017217) submitted by Miller Paving Limited to permit a large format shopping centre at 7781 Woodbine Avenue, revised as presented on June 21, 2005, be approved in principle;

 

And that the site-specific Official Plan Amendment, along with the rationale for approval, reflective of the Committee’s discussions, and the Zoning By-law amendment (File ZA 04 017225) together with site plan and/or subdivision approval applications, be brought forward at a later date.

CARRIED

 

 

2.      UNIONVILLE PLAYGROUND (6.3)

 

Staff made a presentation regarding the Unionville Playground. Discussions included phasing, the total funding, and contributions by the Unionville Gala Committee.

 

Committee discussed tendering issues and obtaining TRCA approval prior to tendering. It was suggested that an additional $22,000 in funding be provided to bring the total up to $75,000, which is typical for a playground of this size.

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor E. Shapero

 

That the staff presentation regarding the Unionville Playground be received;

 

And that staff proceed with the detailed design and required TRCA approvals for the “naturalized, non-traditional, playground options”;

 

And that staff proceed with a construction tender for implementing “phase one” of this project with the remaining funds in the current budget;

 

And that additional funding be provided in the amount of $22,000 from Account 81-5350-6643-005.

CARRIED

3.         HERITAGE MARKHAM COMMITTEE MINUTES
-
June 8, 2005 (16.11)     Minutes

 

Ernie Couperthwaite, owner of 43 Albert Street, made a deputation regarding item # 7 of the Heritage Markham Committee minutes, and provided three photographs of the house. Mr. Couperthwaite advised that as Executor of his mother’s estate, he is trying to sell the house. There is little interest in the out-dated house, built in 1951, however there is interest in the lot.

 

For background information, staff provided a staff memorandum (May 11), meeting notes of the Architectural Review Sub-Committee (May 18), and an extract of # 7 of the Heritage Markham Committee meeting (June 8).

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the minutes of the Heritage Markham Committee meeting held June 8, 2005, be received for information;

 

And that the deputation by Ernie Couperthwaite, owner of 43 Albert Street, regarding item # 7 of the Heritage Markham Committee meeting held June 8, 2005, be received;

 

And that the demolition of 43 Albert Street be approved, upon site plan approval.

 

CARRIED

 

4.         NORVALLEY HOMES LIMITED, 57 MAIN STREET
            AND 1,3,
5 RICHARD MAYNARD CRESCENT, UNIONVILLE
            DRAFT PLAN OF SUBDIVISION AND REZONING
            (SU 03 118872, ZA 03 117259) (10.5, 10.7)    
Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the Development Services Commission Report entitled “Norvalley Homes Limited, Applications for Draft Plan of Subdivision, and  Rezoning, 57 Main Street and 1, 3, 5 Richard Maynard Crescent, Unionville”, dated June 7, 2005, be received;

 

And that the record of the Public Meeting held on October 5, 2004 with respect to the applications for draft plan of subdivision 19TM 03 0017 and the implementing zoning by-law be received;

 

And that Norvalley Homes Limited, in addition to its existing allocation of 3 units, be granted a servicing allocation of five units from the Town reserve, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as the “flow control option”);

 

And that the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner;

 

And that the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

And that the Region of York be advised of the servicing allocation for this development;

 

And that the conditions of draft approval for draft plan of subdivision 19TM-030017 (Appendix ‘A’, attached to the staff report dated June 21, 2005) be endorsed by Council, and that final approval be delegated to the Commissioner of Development Services, with such final approval to occur when the Region confirms the flow control option (or the project is phased to allow the existing 3 units to proceed) and subject to the payment of the required 30% subdivision processing fees in accordance with the Tariff of Fees By-law;

 

And that the application to amend Zoning By-law 122-72, as amended, be approved, and the by-law be brought forward to Council for approval once the Region confirms its acceptance of the flow control option (or the by-law is revised to place a holding provision on those properties without a servicing allocation).

CARRIED

 

 

5.         STRINGBRIDGE INVESTMENTS LIMITED AND
            TIMES INVESTMENTS LIMITED,
SOUTHWEST CORNER
            OF HIGHWAY 7 AND
SOUTH TOWN CENTRE BOULEVARD
            BY-LAW AMENDMENT AND PRECINCT PLAN (ZA 04-024490) (10.5)   Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the staff report entitled “Recommendation Report, Stringbridge Investments Limited, Times Investments Limited, By-law Amendment and Precinct Plan, Southwest Corner of Highway 7 and South Town Centre Boulevard, (File number ZA 04-024490)” be received;

 

And that the revised Precinct Plan for the 7.12 hectare (17.6 acre) Stringbridge Investments Limited and Times Investment Land Holdings be approved;

 

And that Appendix I to the Central Area Secondary Plan (OPA 21) be amended to reflect the changes in the Warden West Development Phasing Plan;

 

And that the zoning By-law amendment application (ZA 04-024490) to remove the lands from By-law 177-96, as amended, and to add them to Bylaw 2004-196, as amended submitted by Stringbridge Investments Limited and Times Investments Limited, be finalized and enacted;

 

And that the Traffic and Transportation study be finalized to the satisfaction of the Commissioner of Development Services.

CARRIED

6.         JOSHUA MILLER HOUSE, 10192 NINTH LINE
            ELIGIBILITY FOR RELOCATION TO
MARKHAM
            HERITAGE ESTATES
(16.11)     Report    1

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That Council declare the vacant heritage house known as the “Joshua Miller House,” located at 10192 Ninth Line, eligible for relocation to Markham Heritage Estates;

 

And that as a condition of Site Plan Approval for the Joshua Miller House, an architectural restoration plan based on thorough research by a qualified heritage resource consultant will be required.

CARRIED

 

 

 

7.         ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL
            SUBDIVISIONS, REGISTERED PLAN NUMBERS:
            65M-3551, 65M-3593, 65M-3654 AND 65R-19051 (PARTS 3 AND 11)
           
ENG. FILE #'S: 2058 PHASE 6, 2141 PHASES L & 2 AND 91-34 (10.7)
           
Report   1   2   3  4  By-law   By-law

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the services in Subdivision, Registered Plan Numbers 65M-3551, 65M-3593, 65M-3654, and 65R-19051 (Parts 3 and 11) be accepted;

 

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

 

And that the Community Services Commission assume the responsibility for operating and maintaining the infrastructure within the Subdivisions as part of the Town’s system;

 

And that acceptance of the Subdivisions be taken into consideration in future operating budgets;

 

And that the by-law to amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to the indicated streets, be approved;

 

And that the by-law to amend Schedule ‘A’ of the Speed By-law # 105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed.

CARRIED

 

8.         KNOWLEDGE COMMUNITY TASK FORCE (10.16)  Report

 

Councillor J. Virgilio assumed the Chair for the Economic Development item.

 

Committee discussed the composition of the Task Force and appointed Councillors D. Horchik and J. Virgilio.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor B. O’Donnell

 

That the report entitled “Knowledge Community Task Force” be received;

 

And that the recommended two year implementation program be received for information;

 

And that a 9-person Knowledge Community Sub-Committee of Economic Development Committee supported by a staff technical support group be established to guide the design, costing, and implementation of the two year program;

 

And that the contents and findings of this report be communicated to the members of the Knowledge Community Task Force, and that they be thanked for their valuable input and participation;

 

* And that Councillor D. Horchik and Councillor J. Virgilio be appointed to the Knowledge Community Sub-Committee.

 

* Amended by Council on June 28, 2005, to amend the last paragraph to add “Regional Councillor J. Jones” as an appointee to the Knowledge Community Sub-Committee.

 

CARRIED

 

 

 

9.         OLD KENNEDY CO-OPERATIVE DEVELOPMENT
            CORPORATION, 90 AND
108 OLD KENNEDY ROAD
            REZONING AND SITE PLAN APPLICATIONS TO PERMIT
            A STACKED TOWNHOUSE AND MIXED-USE DEVELOPMENT
            (ZA 04 009099, SC 04 009105) (10.5, 10.6)     Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the implementing by-law for the Milliken Main Street Secondary Plan be amended to delete the lands municipally known as 90 and 108 Old Kennedy Road; 

 

And that the draft Zoning By-law be finalized and enacted;

 

 

And that Old Kennedy Co-operative Development Corporation be granted a servicing allocation of 135 units from the Town reserve, contingent on York Region confirming its acceptance of the Town’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design;

 

And that the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

And that the Region of York be advised of the servicing allocation for this development;

 

And that the Town reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner;

 

And that the Site Plan application (SC.04-009105) submitted by Old Kennedy Co-operative Development Corporation to permit a 135-unit townhouse and stacked townhouse development with 5 retail units, at 90 and 108 Old Kennedy Road, be approved subject to the following conditions:

 

1.      That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services, including any revisions arising from the following:

a.       Recommendations of the required noise and vibration study

b.      Recommendations of the required traffic impact study

c.       Provision of a temporary turning circle to Town standards

d.      Configuration of the safety berm to the satisfaction of GO Transit and the Town

e.       Provision of greater architectural detail in the elevations of end units visible from public streets;

 

2.      That a Landscape Plan be submitted, prepared by a Landscape Architect having O.A.L.A. membership, to the satisfaction of the Commissioner of Development Services;

 

3.      That a traffic impact study be submitted and any recommendations be implemented, to the satisfaction of the Commissioner of Development Services;

 

4.      That a noise study be submitted and any recommendations be implemented, to the satisfaction of the Commissioner of Development Services;

 

5.      That an environmental site assessment be submitted to the satisfaction of the Town and appropriate agencies, identifying any required remediation to residential standards;

 

6.      That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

7.   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 including the following:

a.       Provision for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations related to applicable Development Group Agreements (including planning processing fees in the amount of $33,550.00, which were deferred at the time of application)

b.      Provision for a deferral of Town-wide development charges and a reduced and deferred cash-in-lieu of parkland contribution, as approved by Council on March 29, 2005 as a pilot project financial incentive in support of affordable homeownership housing in Markham, once a deferral agreement has been executed between the Owner, the Home Ownership Alternatives Non-Profit Corporation and the Town; and provision for securities for the maximum liability for such charges and cash-in-lieu, to the satisfaction of the Treasurer

c.   Provision of a letter of credit for the full value of the estimated area-specific development charge amount, to be determined by the Director of Engineering

d.   Provision for contribution towards the provision of community and infrastructure facilities (including, but not limited to, the school site north of Victory Avenue), where the costs of these facilities are not included within the estimated area-specific development charge amount

e.   Provide for the owners proportionate share of the Hwy.48 flow control measures, to the satisfaction of the Director of Engineering;

 

8.   That the Owner obtain written agreement from the landowner to the north to convey the remainder of the lands required for the east-west public road between the two properties to the Town prior to development of the subject lands;

 

9.   That the Owner construct the east-west public road at the north limit of the site;

 

10.   That the Owner provide a letter of credit for the estimated proportional share of the construction costs for the future north-south public road at the west limit of the site;

 

11.   That the Owner convey the rights-of-way and buffer blocks to the north and west of the site to the Town and provide an environmental clearance for these lands;

 

12. That the Owner submit a satisfactory parking study to justify a reduction in the parking standard for this development and obtain a variance to the Town’s parking standards;

 

13.   That a site plan agreement be executed prior to final site plan approval;

 

14.   And that the site plan approval shall lapse after a period of three years commencing June 21, 2005, in the event a site plan agreement is not executed within that period;

 

And that the site plan agreement currently registered against the property be released from title once the new site plan agreement is registered. 

CARRIED

10.       LINDVEST PROPERTIES (CORNELL) LIMITED
            (H & R DEVELOPMENTS) CORNELL PLANNING DISTRICT
            PLAN OF SUBDIVISION 19TM-02001 (PHASE 2)
            (SU 02 100376, ZA 02 100353) (10.7)    Report

 

Staff was requested to provide information to Regional Councillor J. Heath prior to Council on June 28, 2005, regarding determination of the pathway design, and acquisition of three parcels of land.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That the record of the Public Meetings held on June 4, 2002 and on January 20, 2004 with respect to the applications by Lindvest Properties (Cornell) Limited for the second phase of draft plan of subdivision 19TM-02001 and implementing zoning by-law be received;

 

And that Lindvest Properties (Cornell) Limited be granted a servicing allocation of 270 units, such allocation to be from the total allocation available for the Cornell Secondary Plan area, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on servicing allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as the “flow control option”);

 

And that the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

And that the conditions of draft approval for the second phase of draft plan of subdivision 19TM-02001 (Appendix ‘A’, attached to the staff report dated June 21, 2005) be endorsed by Council and that final approval be delegated to the Commissioner of Development Services, with such final approval to occur when the Region confirms its acceptance of the flow control option;

 

And that the application to amend Zoning By-laws 304-87 and 177-96 for the second phase of draft plan of subdivision 19TM-02001 be approved, and the draft by-laws be brought forward to Council for approval once the Region confirms its acceptance of the flow control option;

 

And further that the Town reserves the right to revoke or reallocate the water supply allocation should the development not proceed in a timely manner;

 

And that the Region of York be advised of the sewage and water supply allocation for this development.

CARRIED

 

 

 

 

11.       TEVA NOVOPHARM LIMITED, 575 HOOD ROAD
            VARIANCE TO THE FENCE BY-LAW 277-97 (2.19)    
Report    1   2   3

 

Committee requested staff review the sign by-law to incorporate exceptions for security issues.

 

Moved by: Regional Councillor J. Heath

Seconded by: Councillor A. Chiu

 

That the report entitled “Variance to the Fence By-Law 277-97 at 575 Hood Road” to Development Services Committee, dated June 21, 2005 be received;

 

And that the request to grant relief from the provisions of the Fence By-Law 277-97 to permit a 1.8m high fence to surround the property, whereas the by-law permits a maximum 1.2m high fence in the front and exterior side yards, be approved subject to the applicant executing an amendment to the site plan agreement and payment of all the applicable fees.

CARRIED

 

 

12.       BUR OAK AVENUE EXTENSION TO HIGHWAY 7
            CORNELL COMMUNITY
(5.10)      Report

 

Moved by: Councillor K. Usman

Seconded by: Regional Councillor B. O’Donnell

 

That the staff report dated June 21, 2005 entitled “Cornell Community - Bur Oak Avenue extension to Highway 7” be received;

 

And that timing of completion of construction of the extension of Bur Oak Avenue to Highway 7 be extended from December 31, 2005 to July 31, 2006, subject to the following conditions:

  1. Bur Oak Avenue shall be constructed in its ultimate condition (4 lanes with provision for future parking bays) and opened from Riverlands Avenue to Church Street by no later than December 31, 2005.
  2. Riverlands Avenue shall be constructed and opened from Bur Oak Avenue to the existing Markham By-pass by no later than December 31, 2005.  
  3. Directional signage to the Markham Stouffville Hospital from Highway 7 via the existing Markham By-pass and temporary Riverlands Avenue extension to the existing Markham By-pass shall be provided and installed to the satisfaction of the Town.
  4. That the Mayor and Clerk be authorized to execute a development agreement in a form satisfactory to the Town Solicitor with Wykland Estates (Cornell) Inc. for the construction of the temporary Riverlands Avenue extension to the existing Markham By-pass and the construction of  Bur Oak Avenue to Highway 7.
  5. And further that a by-law be enacted authorizing the Mayor and Clerk to execute a Transfer/Deed of Land and all related documents, in a form satisfactory to the Town Solicitor, for the right-of-way of the Bur Oak Avenue extension and the temporary Riverlands Avenue extension to the existing Markham by-pass.

CARRIED

 

13.       WYKLAND ESTATES INC, PHASE 2 AND MATTAMY
            (COUNTRY GLEN) LIMITED, CORNELL PLANNING DISTRICT
            PROPOSED RESIDENTIAL PLAN OF SUBDIVISION
            19TM-030003 (PHASE 2) (WYKLAND)
            19TM-030007 (MATTAMY COUNTRY GLEN)
            (SU 03 108934, ZA 03 108933 - WYKLAND)
            (SU 03 109620, ZA 03 109616 - MATTAMY COUNTRY GLEN)
            (10.5, 10.7)   Report

Councillor J. Virgilio disclosed an interest with respect to the proposed development by Wykland Estates Inc. and Mattamy (Country Glen) Limited in the Cornell Planning district, by nature of representing the previous owner who now holds the mortgage on the subject property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

Staff was directed to provide information to Regional Councillor J. Heath prior to Council on June 28, 2005, regarding addressing of houses on 16th Avenue and in the centre of the plan.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That the record of the Public Meetings held on May 20, 2003 with respect to the applications by Wykland Estates Inc. for draft plan of subdivision 19TM-030003 and implementing zoning by-law be received;

 

That the record of the Public Meeting held on July 7, 2003 with respect to the applications by Iole and Sandro Capogna (now Mattamy (Country Glen) Limited) for draft plan of subdivision 19TM-030007 and implementing zoning by-law be received;

 

And that Wykland Estates Inc. and Mattamy (Country Glen) Limited be granted a servicing allocation of  218 units, such allocation to be from the total allocation available for the Cornell Secondary Plan area, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as the “flow control option”);

 

And that the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

And that the conditions of draft approval for the second phase of draft plan of subdivision 19TM-030003 and for draft plan of subdivision 19TM-030007 (Appendix ‘A’, attached to the staff report dated June 21, 2005) be endorsed by Council and that final approval be delegated to the Commissioner of Development Services, with such final approval to occur when the Region confirms its acceptance of the flow control option;

 

 

 

 

And that the application to amend Zoning By-laws 304-87 and 177-96 for the second phase of draft plan of subdivision 19TM-030003 and for draft plan of subdivision 19TM-030007 be approved, and the draft by-laws be brought forward to Council for approval once the Region confirms its acceptance of the flow control option;

 

And further that the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner;

 

And that the Region of York be advised of the servicing allocation for this development.

 

CARRIED

 

 

 

14.       ALAWN LAI, 6155 16TH AVENUE, SOUTHWEST CORNER
            OF 16TH AVENUE AND FINCHAM AVENUE
            REZONING APPLICATION TO PERMIT FOUR NEW
            SINGLE DETACHED RESIDENTIAL LOTS (ZA 04 007115) (10.5)
Report

 

Staff confirmed that Mike and Barb Kavanagh had been notified of today’s meeting, and that staff have been working to satisfy their concerns.

 

Ben Quan of QX4 Investments Ltd., representing the applicant, Alawn Lai, was in attendance. In response to Committee’s questions, he advised that additional cedar hedging has been added to the landscaping as a buffer, and will be included in the site plan approval.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That he deputation by Ben Quan of QX4 Investments Ltd., representing the applicant, Alawn Lai, be received;

 

And that Alawn Lai be granted a servicing allocation of 4 units, such allocation to be from the total allocation available for infill development, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on servicing allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as the “flow control option”);

 

And that the application submitted by Alawn Lai to amend Zoning By-laws 304-87 and  177-96, as amended to permit four new single detached residential lots at 6155 16th Avenue be approved and the draft by-law be brought forward to Council for approval once the Region confirms its acceptance of the flow control option;

 

And that the Town reserves the right to revoke or reallocate the servicing allocation should the 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 an application by Alawn Lai for consent to sever at 6155 16th Avenue:

  • That the owner submit a site plan, building elevations, landscape plan and tree preservation plan for review and approval by the Commissioner of Development Services
  • That the owner provide cash-in-lieu of parkland in accordance with Town policy
  • That the applicant agree to pay their proportionate share f the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering
  • That the owner construct a bus passenger standing area in the 16th Avenue road allowance to the satisfaction of the Region of York
  • That the owner enter into a site plan agreement with the Town.

 

* Amended by Council on June 28, 2005, to add the following paragraph:

 

“And that a landscape plan be reviewed with Mr. Kavanagh and the Ward Councillor at the site plan stage including a hedge and enhanced landscaping to a minimum of $5,000;”

CARRIED

 

 

 

15.       LOBLAW PROPERTIES LIMITED, LOBLAWS AT THE PUMPS
            200 BULLOCK DRIVE,
AT MCCOWAN ROAD
            TOWN-INITIATED OFFICIAL PLAN AMENDMENT
            TO REDESIGNATE LANDS
FROM BUSINESS CORRIDOR AREA
            TO MAJOR COMMERCIAL AREA, AND ZONING AND SITE PLAN
            APPLICATIONS TO PERMIT CONSTRUCTION OF A GAS BAR
            AND CAR WASH FACILITY (
OP 04 017774, ZA 04 006583, SC 04 006664)
            (10.3, 10.5, 10.6)      Report

 

Committee received Page 5 of the staff report, missing from the agenda package. Committee also received correspondence regarding the Town initiated Official Plan, Zoning, and Site Plan proposals for the Loblaw property at 200 Bullock Drive, from:

 

1.         Glenn Baron, 251 Helen Avenue, with comments

2.         Harry Froussios of Zelinka Priamo Ltd., representing Loblaw Properties Limited, with comments.

 

Staff advised that this application has been appealed to the Ontario Municipal Board by Loblaw Properties Limited due to the Town’s lack of decision, and it is anticipated that site plan approval may result in withdrawal of the appeal. Loblaw Properties Ltd. has agreed to the conditions.

 

 

Committee directed that coloured renderings of the landscaping and elevations be provided when available, prior to finalizing the site plan agreement.

 

Committee also directed staff to report back on recycling practices for the water from the car wash, prior to finalizing site plan agreement.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the correspondence from Glenn Baron, and from Harry Froussios of Zelinka Priamo Ltd., representing Loblaw Properties Limited, with comments  regarding the Town initiated Official Plan, Zoning, and Site Plan proposals for the Loblaw property at 200 Bullock Drive, be received;

 

And that the Town initiated Official Plan Amendment to redesignate the lands at the north-east corner of McCowan Road and Bullock Drive from “Business Corridor Area” to “Major Commercial Area,” be adopted;

 

And that the zoning by-law amendment application (ZA. 04-006583) to amend By-law 1229 as amended, submitted by Loblaw Properties Ltd to permit a gas bar and car wash facility at 200 Bullock Drive, be approved and the draft Zoning By-law be finalized and enacted;

 

And that the Site Plan application (SC. 04-006664) submitted by Loblaw Properties Ltd to permit a gas bar and car wash facility at 200 Bullock Drive, be approved subject to the following conditions:

 

1.      That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services, including:

 

a.       the provision of an upgraded landscaping treatment along the rear (north) portion of the property to the satisfaction of the Town to screen the gas bar and car wash facility from the residential development to the north;

 

b.      provision to ensure that the environmental buffer along the eastern portion of the site is restored and landscaped (including erosion control fencing) by the Owner, to the satisfaction of the Town and the Toronto & Region Conservation Authority;

 

c.       any revisions required to implement the recommendations of the required traffic impact study, noise study and stormwater management study;

 

d.      the nine (9) parking spaces located within the 10 metre environmental buffer along the eastern portion of the property be removed;

 

e.       screening of lighting from the gas station to mitigate its impact on existing residential development;

 

 

2.      That a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted to the satisfaction of the Commissioner of Development Services;

 

3.      That the Owner convey to the Town the required land to accommodate the intersection improvement on the north east corner of Bullock Drive and McCowan prior to development approvals, to the satisfaction of the Commissioner of Development Services;

 

4.      That a letter of credit be provided by the Owner in the amount of $40,000 to secure the construction of the satellite building or interim upgraded landscape feature, to the satisfaction of the Commissioner of Development Services;

 

5.      That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

6.      And 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;

 

7.      And further that the site plan approval shall lapse after a period of three years commencing June 21, 2005 in the event a site plan agreement is not executed within that period.

CARRIED

 

 

 

 

16.       ABIDIEN INC., 123 - 231 HELEN AVENUE, SOUTH UNIONVILLE
            ZONING BY-LAW AMENDMENT AND SUBDIVISION
            APPLICATION TO PERMIT 68 TOWNHOUSE UNITS
            (ZA 03 115824, SU 03 119056) (10.5, 10.7)     
Report

 

Committee received correspondence from Glenn Baron, 251 Helen Avenue, with comments and requests regarding the application by Abidien Inc. at 123-231 Helen Avenue.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That the correspondence from Glenn Baron, 251 Helen Avenue, with comments and requests regarding the application by Abidien Inc. at 123-231 Helen Avenue, be received;

 

And that the recommendation report entitled “Abidien Inc. zoning by-law amendment and subdivision application to permit 68 townhouse units, 123-231 Helen Avenue, South Unionville, file numbers ZA 03 115824 and SU 03 119056” be received;

 

 

 

And that the record of the public meeting on January 20, 2004 regarding the proposed plan of subdivision and implementing zoning be received;

 

And that Abidien Inc. be granted a servicing allocation of 68 units, such allocation to be from the total allocation available for the South Unionville Secondary Plan area, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as the “flow control option”);

 

And that the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

And that the conditions of draft approval 19TM-030018 (SU 03 119056) for 68 townhouse units located east of Kennedy Road, south of Helen Avenue, on the south side of the extension of Caboto Trail (Appendix ‘A’, attached to the staff report dated June 21, 2005) be endorsed by Council, and that final approval be delegated to the Commissioner of Development Services, with such final approval to occur when the Region confirms its acceptance of the flow control option;

 

And that the zoning application (ZA. 03-115824) to amend By-law Nos. 304-87 and 177-96, as amended, to implement draft plan of subdivision 19TM-030018 (SU. 03-119056), be approved and the implementing Zoning By-laws be brought forward to Council for approval once the Region confirms its acceptance of the flow control option;

 

And that the Town reserves the right to revoke or re-allocate such 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 applicant provide the Town with the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 17-2000);

 

And further that the draft plan approval for plan of subdivision 19TM-030018 will lapse after a period of three years commencing June 28, 2005, in the event that a subdivision agreement is not executed within that period. 

 

CARRIED

 

 

 

 

 

 

 

 

 

 

17.       1107656 ONTARIO INC., LEITCHROFT PLANNING DISTRICT
            BLOCKS 41, 42 AND 43, REGISTERED PLAN 65M-3226
            ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
            TO PERMIT TWO APARTMENT BUILDINGS (357 UNITS),
            FOUR TOWNHOUSE BLOCKS (56 UNITS) AND A
            PRIVATE RECREATION CENTRE (ZA 03 116428, SC 03 117426)
           
(10.5, 10.6)    
Report

 

Staff gave a summary of this proposal.

 

Ira Kagan of Kagan Shastri, representing the applicant, 1107656 Ontario Inc., spoke in support of the staff recommendation, with the exception that the wording of item 4(f) be amended to provide for a parkland dedication of a “minimum” of 5.9 acres. Staff had no concerns with the amendment.

 

Moved by: Councillor E. Shapero

Seconded by: Regional Councillor B. O’Donnell

 

That the deputation by Ira Kagan of Kagan Shastri, representing the applicant, 1107656 Ontario Inc., be received;

 

And that the report entitled: “Applications for Zoning By-law Amendment and Site Plan Approval by 1107656 Ontario Inc., to permit two apartment buildings (357 units), four townhouse blocks (56 units) and a private recreation centre on Blocks 41, 42 and 43, Registered Plan 65M-3226, Leitchroft Planning District (Files ZA 03 116428 and SC 03 117426)” be received;

 

And that 1107656 Ontario Ltd. be granted a servicing allocation of  413 units, to permit the proposed development of Blocks 41, 42, 43 Registered Plan 65M-3226, such allocation to be from the total allocation available for the Leitchcroft Secondary Plan area, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as the “flow control option”);

 

And that the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

And that Council endorse the draft Zoning By-law Amendment (file ZA 03 116428) and that Staff forward the draft Zoning By-law Amendment to the Ontario Municipal Board for final approval, following Regional approval of the flow control option;

 

And that the application for site plan approval submitted by 1107656 Ontario Inc. (File SC 03 117426) to permit two apartment buildings (357 units), four townhouse blocks (56 units) and a recreation centre on Blocks 41, 42 and 43, Registered Plan 65M-3226, Leitchroft Planning District, be approved, subject to the following conditions:

 

 

 

1.         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 and including the specific requirements identified in the staff report;

2.         That site plan approval shall lapse after a period of three years commencing June 21, 2005, in the event that the site plan agreement is not executed within that period;

3.                  That the site plan shall comply with the requirements of By-law 177-96, as amended;

 

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

a)         Submit drawings, to the satisfaction of the Director of Environmental Services, showing the location, size, and construction of the refuse storage and recycling area(s) for the proposed apartment building;

b)         Submit a detailed plan showing the limits of construction hoarding and any proposed relocation of any existing services and utilities that may be required to facilitate construction of the underground parking garage;

c)         Meet with the fire department to finalize the location(s) of the Fire Department Connection and rapid entry key box, fire hydrants, fire alarm annunciator, and provide adequate rear lane fire routes, or alternatively, revise the length of townhouse blocks, to the satisfaction of the Fire Chief;

d)         Provide the following, to the satisfaction of the Director of Engineering:

i)        an updated servicing study that will assess the water main, sanitary and storm sewer capacity for the proposed development;

ii)       an updated storm water design brief for the proposed development that confirms how the major/minor drainage will comply with the Master Drainage Plan for the Leitchcroft Planning District;

iii)     a detailed noise study that addresses noise impacts from surrounding roadways and mitigation measures;

iv)     a traffic impact study to address the issues of traffic generated by the proposed development;

v)      documentation that the proposed relationship between the driveway accesses on the subject lands and the driveways on the north side of Galleria Parkway are acceptable from a traffic circulation standpoint; or alternatively, that the site plan is revised so that the center lines of the driveways on the subject development align with the centre lines of the driveway accesses to the residential developments on the north side of Galleria Parkway;

e)         Provide the following, to the satisfaction of the Director of Planning and Urban Design:

i)   A revised site plan which demonstrates a stronger (built-form) corner relationship between the grade related town house units and the 12 storey residential buildings at the corner of Times Avenue and South Park Road and Saddlecreek Drive and South Park Road.  The associated  visitor parking spaces should not extend into the front yard landscape area south of the apartment buildings;

ii)  The proposed pad transformer located at the south east corner of the site should be relocated to a less exposed location. (To the interior of the site or incorporated into the underground parking);

 

 

 

iii) Whereas the elevations of the multi-unit residential buildings identify that a raised porch and canopy element with a decorative railing is required in some locations where the porch height exceeds 0.7m., the applicant is to provide an appropriate detail for this element.  The detail should identify a line to differentiate between the material of the proposed concrete top and the porch base. The base is to be constructed of a material other than pre-cast concrete;

iv)     Documentation demonstrating that any utility meters and air conditioning units fronting onto public streets will be adequately screened from view;

f)          Dedicate to the Town, free of all costs and encumbrances, a minimum 2.39 ha (5.9 acre) neighbourhood park, sized to accommodate existing development plus this proposal.  Such parcel shall be located south of South Park Road, adjacent to the eastern boundary of the OS1 zone located between Times Avenue and Saddlecreek Drive, as set out by By-law 2005-3.  The exact location and configuration of the neighbourhood park shall be to the satisfaction of the Director of Planning and Urban Design;

g)         Execute the site plan agreement required in Conditions 1 and 6;

 

5.                  That prior to the execution of the site plan agreement the owner shall submit a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, to the satisfaction and approval of the Director of Planning and Urban Design;

 

6.                  That the site plan agreement shall:

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

b)                  contain provisions for satisfying Town Departments including all requirements of the Director of Engineering, the Fire Department, Waste Management and Roads;

c)                  contain a clause whereby the owner will agree to provide temporary pedestrian access within the existing boulevard, to the satisfaction of the Director of Engineering, during construction of the development;

d)                  contain a clause whereby the owner is required to provide indemnity to the Town for possible damages to utilities in the road rights of way during construction;

e)                  contain a clause whereby the owner agrees to assume sole responsibility for year-round maintenance (including winter snow removal) of the proposed walkways leading from the site and intersecting with the municipal sidewalks on Suncrest Boulevard, Saddlecreek Drive and Galleria Parkway;

f)                    contain a clause whereby the owner agrees, at his own cost, to clean, disinfect, and undertake hydrostatic testing and sampling of all connections to water mains and private water distribution systems in accordance with the Town of Markham Watermain Testing Procedures; 

g)                  provide for the owners proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering.

 

CARRIED

 

 

 

 

18.       BORRON CONSTRUCTION INC. (FRAM BUILDING GROUP)
            LAKESIDE VISTA WAY, SWAN LAKE VILLAGE
            BLOCKS 9 AND 26, PLAN 65M-3482
            OFFICIAL PLAN/SECONDARY PLAN AND ZONING BY-LAW
            AMENDMENTS AND SITE PLAN APPROVAL TO PERMIT
            82 CONDOMINIUM TOWNHOUSE UNITS
            (OPA 04 009862, ZA 04 009845, SC 04 023810)
(10.3, 10.5. 10.7)     Report

 

Committee directed staff to work with the applicant and the Fire Department in consultation with the Condominium Corporation regarding design of a security gate house.

 

Moved by: Councillor D. Horchik

Seconded by: Regional Councillor J. Heath

 

That the applications submitted by Borron Construction Inc. (Fram Building Group) to amend the Swan Lake Secondary Plan (PD 30-1) and Zoning By-law 177-96, as amended to permit 82 condominium townhouse units within Swan Lake Village be approved and the draft Official Plan/Secondary Plan and Zoning By-law amendments be finalized and enacted;

 

And that the application submitted by Borron Construction Inc. (Fram Building Group) for Site Plan Control approval to permit 82 condominium townhouse units within Swan Lake Village be approved subject to the following conditions:

 

1.      That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services, including:

·        a revision to the site plan to incorporate the extension of Street ‘A’ to Bur Oak Avenue.

2.      That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services.

3.      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.

*   

4.      That the site plan contain provisions for a north non-staff security gate at Swan Lake, as well as electronic security connection from the security gate to each house in the subdivision.

5.      That the site plan approval shall lapse after a period of three years commencing June 7, 2005 in the event a site plan agreement is not executed within that period.

 

And that Borron Construction Inc. (Fram Building Group) be granted servicing allocation for 82 units from the existing Town reserve (322 units).

*  Amended by Council on June 28, 2005, to add a new condition (re-numbered # 4) as noted above.

CARRIED

19.       150 MAIN STREET, UNIONVILLE (2019311 ONTARIO INC)
APPLICATIONS FOR OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS (OP 04 028702, ZA 04 027514) (10.3, 10.5)

 

Committee received:

1.         Staff memorandum dated June 21, 2005, with draft Official plan and Zoning By-law Amendments

2.         Correspondence from Glenn Baron, 251 Helen Avenue, in support of the proposal submitted by 2019311 Ontario Inc. for restaurant use at 150 Main Street Unionville

3.         Draft minutes of the Unionville Villagers Association meeting held June 20, 2005, in opposition to the proposal

 

Staff reviewed the history of this proposal and the directions of Council on June 14, 2005. A by-law has been prepared that restricts the uses to portions of the building and addresses site plan conditions and parking issues.

 

Peter Wales, 40 Berkley Court, reviewed the draft minutes of the UVA meeting and their requested conditions regarding cash-in lieu for parking, outdoor refrigerated garbage area,

screening, and requiring retail use on the main floor. In response to Committee’s question, Mr. Wales confirmed that the UVA had previously supported the restaurant proposal, and has changed its position.

 

Staff responded that garbage and landscaping issues will be addressed through the site plan process. The restaurant is restricted to the main level and a retail use is required on the upper floor. The retail use will be required prior to the restaurant use being established.

 

Jessie Agnew, owner, stated that the current by-law had not been in place when he purchased the property. He is willing to work with the Town and UVA, and comply with requirements.

 

Greg McCormick, representing the Unionville Villagers Association, advised that the UVA and Ratepayers are disappointed about the exception to the by-law being considered. He discussed marketing studies with respect to the importance of tourism, and the spending habits of restaurant and retail customers. As well, restaurants impact on the available parking for non-restaurant businesses. 

 

Ray Smylie, 154 Main Street, stated his support for the current by-law, and he urged the Committee reconsider the proposal at 150 Main Street, which he considers to be unfair.

 

Jeanne Ker-Hornell, 33 Eureka Street, urged the Committee to uphold the current by-law, and cautioned against setting a precedent for other applications of a similar nature.

 

Committee discussed the application process, the opportunities provided for public input, and the instructions from Council on June 14. It was clarified that the Official Plan was approved in principle.  Discussions included the viability of the building and the street, the proper mix of restaurant and retail uses, use of a refrigerated garbage enclosure, parking calculations, restricting the type of retail, what happens if the retail component fails, and enforcement.

 

 

It was suggested that wording be added to the by-law to specify that “the minimum number of parking spaces shall be 15 for all uses permitted by this by-law”. Committee also directed that the issues identified by Council be included in the resolution.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Heath

 

That correspondence from Glenn Baron, 251 Helen Avenue, in support of the proposal submitted

by 2019311 Ontario Inc. for restaurant use at 150 Main Street Unionville be received;

 

And that the draft minutes of the Unionville Villagers Association meeting held June 20, 2005, be received;

 

And that the staff memorandum dated June 21, 2005, regarding 150 Main Street Unionville,

Applications for Official Plan and Zoning By-law Amendments,  (OP 04 028702, ZA 04 027514) be received;

 

And that the deputations by Jessie Agnew, in support, and by Peter Wales, Greg McCormick representing the Unionville Villagers Association, Ray Smylie, and Jeanne Ker-Hornell, in opposition to the proposal by 2019311 Ontario Inc. for restaurant use at 150 Main Street Unionville, be received;

 

*

And that, to implement Council’s direction of June 14, 2005, to address the following issues:

-         Restaurant use to be permitted below grade

-         Retail use to be required above grade

-         Restaurant use to be restricted to not permit fast food or take-out or pub style/tavern

-         Any reduction in parking requirement to include provision for payment of cash-in-lieu of parking

-         Provision of a driveway connection/easement for future integration with parking lot to the north

the Draft Official Plan Amendment for 150 Main Street, Unionville, be adopted;

 

And that the draft Zoning By-law amendment for 150 Main Street, Unionville, as amended to specify the parking requirements, be adopted.

 

*  Amended by Council on June 28, 2005.

 

CARRIED

 

 

 

 

 

 

Public Meetings – To Council

 

 

20.       1648438 ONTARIO INC. (J. ADDISON SCHOOL)
           
2 VALLEYWOOD DRIVE, OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENTS TO PERMIT A PRIVATE
            SCHOOL AND RESIDENCES (OP 05 011949, ZA 05 011972) (10.3, 10.5)    

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Official Plan and Zoning By-law amendments (Files OP 05 011949, ZA 05 011972) submitted by 1648438 Ontario Inc. (J. Addison School) to permit a private school with accessory residences at 2 Valleywood Drive.

 

Committee was advised that 26 notices were mailed on June 1, 2005, and a Public Meeting sign was posted on May 31, 2005. There were no written submissions received.

 

Staff advised of outstanding issues. Committee supported moving this application forward for Council approval, with the implementing documents being brought forward once concerns are addressed.

 

There were no comments from the audience with respect to this application, and the Committee had no concerns.

 

Moved by: Regional Councillor J. Jones

Seconded by: Deputy Mayor F. Scarpitti

 

That the report from the Development Services Commission dated May 17, 2005, entitled “Preliminary Report: J. Addison School: Application for Official Plan and Zoning By-law Amendments at 2 Valleywood Drive” be received;

 

And that the Record of the Public Meeting held on June 21, 2005, with respect to the proposed amendment to the Town of Markham’s Official Plan and Zoning By-law 165-80, as amended, be received;

 

And that the application by 1648438 Ontario Inc. (J. Addison School) to amend the Town’s By-law 165-80, as amended, be approved;

 

And that the application by 1648438 Ontario Inc. (J. Addison School) to amend the Town’s Official Plan (1987), as amended, be approved;

 

And that the proposed amendment to the Town’s Official Plan and Zoning By-law 165-80, as amended, be enacted when appropriate without further notice.

CARRIED

 

 

 

 

21.       LYNDE CENTRE FOR DERMATOLOGY, 3 OVIDA BOULEVARD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            TO PERMIT A BUSINESS/PROFESSIONAL OFFICE PARKING LOT
            (OP 04 027404, ZA 04 027442) (10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Official Plan and Zoning By-law amendments (Files OP 04 027404, ZA 04 027442) submitted by Lynde Centre for Dermatology to permit a parking lot at 3 Ovida Boulevard.

 

Committee was advised that 47 notices were mailed on June 1, 2005, and a Public Meeting sign was posted on May 31, 2005. Committee received one written submission from Joe Ricci, 10 Riverview Road, in objection.

 

Staff gave a presentation regarding the proposal to permit the existing temporary parking area to become permanent, the location, surrounding uses, and outstanding issues. Staff advised that there are no complaints or enforcement issues to report.

 

Donald Hindson of Cattanach Hindson Sutton VanVeldhuizen, representing the applicant, Lynde Centre for Dermatology, reviewed the proposal and the history of the development of this property. He noted the numerous public and neighbourhood meetings held since 1996 on this proposal.

 

Joe Ricci, 10 Riverview Road, provided a written submission of his concerns. He stated that from a community perspective, there has been an impact from traffic and a parking problem caused by the Lynde Clinic. He also identified concerns for the impact of the commercial use on the residential lot with respect to property values, quality of life, and setting a precedent, and he requested the permanent zoning not be approved.

 

The Committee received clarification from staff regarding the permitted uses. Business and professional offices, restaurants, automotive sales, and other uses are currently permitted. If approved, the permitted uses would be restricted to office and professional use, or a single detached residential dwelling. The parking lot is only permitted as an accessory to the existing business.

 

Mr. Hindson responded that this proposal is a down-zoning, with limitations for office and professional uses being placed on the property in order to carry on an existing use.

 

Committee recognized a concern that the parking permission may be utilized by other adjacent properties, and directed staff to review restricting the use specifically to the Lynde Clinic building, prior to the Council meeting on June 28.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor A. Chiu

 

That the written submission from Joe Ricci, in objection to Files OP 04 027404, ZA 04 027442 submitted by Lynde Centre for Dermatology, be received;

 

And that the deputations by Donald Hindson of Cattanach Hindson Sutton VanVeldhuizen, representing the applicant, and by Joe Ricci with concerns regarding Files OP 04 027404, ZA 04 027442) submitted by Lynde Centre for Dermatology, be received;

 

And that the Development Services Commission report dated May 17, 2005, entitled “Preliminary Report – Lynde Centre for Dermatology, 3 Ovida Boulevard, Applications for Official Plan and Zoning By-law Amendments to permit a business/professional office parking lot”, be received;

 

And that the Record of the Public Meeting held on June 21, 2005, with respect to the proposed amendments to the Official Plan (Revised 1987), and Zoning By-law 1229 as amended be received;

 

And that the applications by the Lynde Centre for Dermatology to amend the Official Plan (Revised 1987) and Zoning By-law 1229 as amended, be approved;

 

And further that the proposed amendments to the Official Plan (Revised 1987), as amended and Zoning By-law 1229 be enacted without further notice.

CARRIED

 

 

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

Other matters considered by Development Services Committee on June 21, 2005:

 

 

22.       THORNHILL HERITAGE DISTRICT PLAN REVIEW (16.11)

 

Phillip Carter of Phillip Carter and Associates, Consultants, made a presentation on the status of the Thornhill Heritage District Plan Review. Mr. Carter outlined the process and the key issues identified:  

-         administration and enforcement

-         improved communications about Heritage Conservation Districts

-         planning and landscaping

-         Yonge Street

-         roads and paths, impacts of traffic

-         property values, cost of preservation and energy

-         district boundary

 

The next steps will be to proceed to Phase II, the preparation of a new conservation district plan for Thornhill, and presentation of policies and guidelines to the public in the fall.

 

Marion Matthias, 33 Colborne Street, reminded the Committee of her involvement in many of the Thornhill improvement projects, and she urged Markham to continue to lead the way in Heritage Preservation. Ms. Matthias suggested that the Yonge Street study should not determine the Heritage District, and that the tree preservation by-law is an essential part of all Heritage Districts.

 

 

Moved by: Councillor S. Daurio

Seconded by: Regional Councillor B. O’Donnell

 

That the presentation by Phillip Carter and Associates, Consultant, on Phase One (Issue Identification) of the Thornhill Village Heritage Conservation District Study, be received;

 

And that the deputation by Marion Matthias, with comments on the Thornhill Heritage District Plan Review, be received;

 

And that the approach outlined in the Issues Identification Report be endorsed in principle, to permit the advancement of the study to proceed to Phase Two – Preparation of a New Heritage District Plan.

CARRIED

 

 

23.       HIGHWAY # 7 STREETSCAPE STUDY (10.8)

 

Staff gave a brief update on the Highway 7 Streetscape Study, and the emerging streetscape plan. The next steps will be to fine-tune the plans, identify any BIA interest, identify improvement opportunities, and report back to the Committee in the fall.

 

Committee requested consideration be given to providing a bicycle lane.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the staff presentation regarding the Highway # 7 Streetscape Study be received.

CARRIED

 

 

24.       PRESENTATION OF SERVICE AWARDS (12.2.6)

 

The following staff were presented with service awards:

 

Alan Scott Currie, Building Inspector II, Building Standards – 20 years

James Fitzpatrick, 1st Class Firefighter, Fire and Emergency Services – 20 years

Janice Harrison, Manager, Contact Centre – 20 years

Robert Nicholson, Manager, Asset Management – 20 years

William Snowball, Deputy Fire Chief, Fire and Emergency Services – 20 years

Aisha Ravalia, Tax Adjustments Clerk, Financial Services – 10 years

Stephen Chait, Director, Economic Development – 10 years

Peter Loukes, Director, Operations and Asset Management – 10 years

Dave Speed, Senior Fire Prevention Officer, Fire and Emergency Services – 10 years

H. James Jones, Regional Councillor, Council – 10 years

Chitra Jayakrishnan, Administrative Services Coordinator, Printing, Clerk’s Dept. – 5 years

Doug Strong, Sr. Provincial Offences Officer I, By-law Enforcement and Licensing – 5 years

Cheryl-Elaine Parker, Accounts Payable Clerk, Financial Services – 5 years

Neal Unsworth, Parks Development Coordinator, Planning and Urban Design – 3 years

James Allen, Chief Information Officer, Information Technology Service – 3 years

25.       MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
-
May 16, 2005 (16.34)     Minutes

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the minutes of the Markham Public Art Advisory Committee meeting held May 16, 2005, be received for information.

CARRIED

 

 

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

 

Moved by: Councillor K. Usman

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 June 21, 2005.

CARRIED

 

 

27.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF
MAY 10, 2005, TO JUNE 1, 2005 (10.0)      Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of  May 10, 2005 to June 1, 2005” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

 

 

28.       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 012130) (10.5)    Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider the application submitted by Shell Canada Limited for Zoning By-law Amendment to permit redevelopment of the automobile service centre to include a car wash and convenience store (File ZA 05 012130).

CARRIED

29.       GREENSBOROUGH COMMUNITY
            BLOCKS 1 AND 3, PLAN 65M-3642
            TOWN INITIATED OFFICIAL PLAN AND ZONING BY-LAW
            AMENDMENTS TO IMPLEMENT THE TOWN’S NEIGHBOURHOOD
            COMMERCIAL STRATEGY (OP 05 014796, ZA 05 014812) (10.3, 10.5)      
Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider Town initiated amendments to the Official Plan and Zoning By-law 177-96 (OP 05 014796 and ZA 05 014812) to ensure implementation of neighbourhood commercial uses on certain lands on the northeast and northwest corners of Bur Oak Avenue and Greensborough Village Circle, within the Greensborough Community (Planning District 40).

CARRIED

 

 

30.       WISMER COMMONS COMMUNITY
            TOWN INITIATED OFFICIAL PLAN AND ZONING BY-LAW
            AMENDMENTS TO IMPLEMENT THE TOWN’S NEIGHBOURHOOD
            COMMERCIAL STRATEGY (OP 05 013998, ZA 05 014000) (10.3, 10.5)    
Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider Town initiated amendments to the Official Plan and Zoning By-law 304-87 (OP 05 013998 and ZA 05 014000) to ensure implementation of neighbourhood commercial uses on certain lands on the south west corner of Bur Oak Avenue and Roy Rainey Avenue, within the Wismer Commons Community.

CARRIED

 

 

31.       1606090 ONTARIO LIMITED, 78 AND 90 LEE AVENUE
            ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF
            SUBDIVISION APPROVAL (19TM-05013) TO PERMIT
            16 SINGLE DETACHED DWELLINGS (ZA 05 013080, SU 05 013073)
            (10.5, 10.7)      
Report 

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider the Zoning By-law Amendment (ZA 05 013080) and Draft Plan of Subdivision (19TM-05013) (SU 05 013073) applications submitted by 1606090 Ontario Limited to permit 16 single detached dwellings on the properties located on the north side of Lee Avenue, between Brimley Road and Noble Street, municipally known as 78 and 90 Lee Avenue.

CARRIED

32.       NEAMSBY INVESTMENTS INC. AND
            READ-EASTERN CAPITAL OFFSHORE (
CANADA) INC.
           
2860 DENISON STREET AND 2352 MIDDLEFIELD ROAD.
            ZONING BY-LAW AMENDMENT TO PERMIT A TAKE-OUT
            RESTAURANT USE (ZA 05 013454) (10.5)     
Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider a Zoning By-law Amendment application (File No. ZA 05 013454), by Neambsy Investments Inc./Read-Eastern Capital Offshore (Canada) Inc., to permit a take-out restaurant use at 2860 Denison Street and 2352 Middlefield Road.

 

CARRIED

 

33.       ANGUS GLEN COMMUNITY
            TOWN INITIATED ZONING BY-LAW AMENDMENT
            TO IMPLEMENT THE TOWN’S NEIGHBOURHOOD
            COMMERCIAL STRATEGY (ZA 05 014718) (10.5)    
Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider a Town initiated amendment to Zoning By-law 177-96 to ensure implementation of neighbourhood commercial uses at the southwest corner of Kennedy Road and Major Mackenzie Drive, in the Angus Glen community (ZA 05 014718).

 

CARRIED

 

34.       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)   
Report

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.

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That a Public Meeting be held to consider the applications submitted by Fairglen Homes Ltd. for zoning by-law amendment and draft plan of subdivision to permit 18 single detached lots at 9765 Kennedy Road, located east of Kennedy Road, north of Bur Oak Avenue in the Berczy Village Community (SU 05 009324, ZA 05 009327).

CARRIED

35.       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)  
Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That a Public Meeting be held to consider the Zoning By-law amendment application submitted by JM Hospitality Inc. and HDBB Investments Inc. at the northeast corner of Highway #407 and Woodbine Avenue to permit a  phased Hotel Development (ZA 05 013331).

CARRIED

 

 

36.       KRASHNIK INVESTMENTS LTD., 9833 HIGHWAY 48
            ZONING BY-LAW AMENDMENT TO PERMIT RETAIL USES
            (ZA 02 106449) (10.5)   Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the report entitled “Preliminary Report - Krashnik Investments Ltd., Application for Zoning By-law Amendment to permit retail uses at 9833 Highway 48,” be received;

 

And that a Public Meeting be held to consider the Zoning By-law Amendment (ZA 02 106449) submitted by Krashnik Investments Ltd.

CARRIED

 

 

37.       LANDS OWNED BY MINISTRY OF TRANSPORTATION
            ADJACENT TO THE LEGACY COMMUNITY
            IMMEDIATELY SOUTH OF HIGHWAY 407, WEST OF 9TH LINE
            AND NORTH OF RUSSELL JARVIS DRIVE, TOWN INITIATED
            OFFICIAL PLAN AMENDMENT, REVIEW OF THE
            APPROPRIATENESS OF DENSITY REDUCTION
            (OP 05 013308) (10.3)
Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the report entitled “Review of the appropriateness of density reduction on lands adjacent to the Legacy Community, owned by the Ministry of Transportation, located immediately south of Highway 407, west of 9th Line and north of Russell Jarvis Drive”, be received;

 

And that a Public Meeting be held to consider a Town Initiated Official Plan Amendment application (File No. OP 05 013308) to limit development within twenty five metres of the south boundary of the lands owned by the Ministry of Transportation, at the southwest corner of  Highway 407 and 9th Line, to small lot detached dwellings.

CARRIED

38.       LYNZEY INN HOTEL AND RETAIL STORES
            1438670
ONTARIO INC.
            159 AND 159A
MAIN STREET, UNIONVILLE
            SITE PLAN CONTROL APPLICATION (SC 05 010032)
(10.6)  Report

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the Site Plan Control application by 1438670 Ontario Inc. to construct a new mixed use building containing a hotel and retail stores and redevelop the existing heritage building at 159 and 159A Main Street, Unionville, be approved, subject to the following conditions:

 

1.         That the Owner shall enter into a Site Plan Agreement with the Town containing all standard and special provisions and requirements of Town departments and public agencies, including the following:

 

            a)   payment of all applicable fees, recoveries, development charges, parkland dedication (cash-in-lieu) and financial obligations;

 

            b)   provision to restore the existing heritage building as per an approved restoration plan to be prepared by the Owner to the satisfaction of the Manager, Heritage Planning; and

 

            c)   provision to assume the cost of producing and installing a standard “Markham Remembered” interpretive plaque in a visible location on the exterior of the building;

 

2.         That prior to the execution of the Site Plan Agreement, the Owner shall submit final drawings (including restoration plan drawings for the existing heritage building), and comply with all requirements of Town staff and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

3.         That the Owner shall enter into a Heritage Easement Agreement with the Town of Markham for the heritage building on the property;

 

4.         That the Owner shall obtain the necessary permit from the Toronto and Region Conservation Authority prior to any development occurring on the site;

 

5.         That prior to the issuance of a Building Permit, the Owner shall obtain approval for a by-law amendment to remove the Holding provision relating to the Hotel use on the site;

 

6.         And that the site plan approval shall lapse after a period of three (3) years commencing June 21, 2005 in the event that the Owner does not enter into a Site Plan Agreement with the Town during this period.

CARRIED

 

39.       2005 SECOND QUARTER UPDATE OF THE STREET NAME
            RESERVE LIST (10.14)      
Report   1

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That Development Services Committee receive the updated street name reserve list for the second quarter of 2005.

CARRIED

 

 

 

40.       LINDVEST PROPERTIES (CORNELL) LIMITED
            SOUTH OF HIGHWAY 7 AND WEST OF THE
           
MARKHAM BY-PASS IN THE CORNELL COMMUNITY
            OFFICIAL PLAN AMENDMENT AND REZONING TO
            REVISE THE LAND USE AND POLICY REGIME
            (OPA 05 011355, OPA 04 028705, ZA 04 028706) (10.3, 10.5)  Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor B. O’Donnell

 

That the report dated June 21, 2005 entitled “PRELIMINARY REPORT - Applications by Lindvest Properties (Cornell) Limited for Official Plan Amendment and rezoning to revise the land use and policy regime for the lands south of Highway 7 and west of the Markham By-pass in the Cornell Community,” be received;

 

And that the applications be referred back to staff for further discussion with the applicant based on the principles outlined in the June 21, 2005 staff report;

 

And that staff be authorized to schedule a Public Meeting to consider the applications

when the issues outlined in the June 21, 2005 staff report have been addressed to staff’s satisfaction.

CARRIED 

 

 

41.       WOODBINE MONTESSORI SCHOOL
           
9921 WOODBINE AVENUE, SITE PLAN APPROVAL
            TO PERMIT A PRIVATE SCHOOL (SC 04 026265) (10.6)   
Report

 

Committee directed that drawings of the proposal be presented at Council on June 28, 2005.

 

Moved by: Councillor A. Chiu

Seconded by: Deputy Mayor F. Scarpitti

 

That the application for site plan approval submitted by the Woodbine Montessori School to permit a private school, on the east side of Woodbine Avenue, south of Major Mackenzie Drive, municipally known as 9921 Woodbine Avenue, be approved, subject to the following conditions:

 

  1. 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;

 

2.     That the Owner enter into a site plan agreement with the Town;

 

  1. That 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;

 

  1. That the site plan approval shall lapse after a period of three years commencing June 21, 2005, in the event that the Owner does not enter into a site plan agreement with the Town during that period. 

 

  1. And that the Owner provide an internal refuse storage area to the satisfaction of the Waste Management Department.

 

  1. And that the Owner obtain approval from the Building Department to determine the adequacy of the existing on-site sewage system to accommodate the proposed building.

 

  1. That the design of the access to Woodbine Avenue be subject to Region of York requirements.

CARRIED

(Refer to Council minutes of June 28, 2005)

 

 

 

42.       DANIELS SLV CORPORATION, SWAN LAKE COMMUNITY
            SOUTHWEST CORNER OF BUR OAK AVENUE AND
            CHANCERY ROAD, BLOCKS 1- 4, PLAN 65M-3482
           
SITE PLAN APPROVAL TO PERMIT 96 CONDOMINIUM
            TOWNHOUSE UNITS (SC 04 028488) (10.6)    Report

 

Moved by: Councillor D. Horchik

Seconded by: Councillor J. Virgilio

 

That the Development Services Commission report entitled “Daniels SLV Corporation, Southwest corner of Bur Oak Avenue and Chancery Road, Swan Lake community, Blocks 1- 4, Plan 65M-3482, Application for site plan approval to permit 96 condominium townhouse units” be received;

 

And that the application submitted by Daniels SLV Corporation for site plan approval to permit 96 condominium townhouse units on Blocks 1- 4, Plan 65M-3482 at the southwest corner of  Bur Oak Avenue and Chancery Road within the Swan Lake community, be approved subject to the following conditions:

 

1.      That final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services.

2.      That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services.

3.      That the Owner enter into an agreement with Swan Lake Village Condominium Corporation granting permission for the proposed development to drain into the internal storm and sanitary systems.

4.      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.

5.      That the site plan approval shall lapse after a period of three years commencing June 7, 2005 in the event a site plan agreement is not executed within that period;

 

And that Daniels SLV Corporation be granted servicing allocation for 96 units, from the existing Town reserve (322 units).

CARRIED

 

 

 

43.       SIERRA LANE TOWN VILLAS INC., SWAN LAKE COMMUNITY
            SOUTHEAST CORNER OF BUR OAK AVENUE AND SWAN
            PARK ROAD, BLOCKS 16 - 20, PLAN 65M-3482
           
SITE PLAN APPROVAL TO PERMIT 163 CONDOMINIUM
            TOWNHOUSE UNITS (SC 05 007146) (10.6)   Report

 

Victor Pitt, 32 Augusta Drive Way, advised that he has resolved his concerns regarding this proposal, and has no objection.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the deputation by Victor Pitt, advised that he has no objection to the application by Sierra Lane Town Villas Inc., be received;

 

And that the Development Services Commission report entitled “RECOMMENDATION REPORT  - Sierra Lane Town Villas Inc. - Southeast corner of Bur Oak Avenue and Swan Park Road, Swan Lake community, Blocks 16 - 20, Plan 65M-3482, Application for site plan approval to permit 163 condominium townhouse units” be received;

 

 

 

 

And that the application submitted by Sierra Lane Town Villas Inc. for site plan approval to permit a 163 unit condominium townhouse development on Blocks 16 - 20, Plan 65M-3482 at the southeast corner of  Bur Oak Avenue and Swan Park Road within the Swan Lake community, be approved in part (82 units) subject to the following conditions:

 

1.      That final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services.

2.      That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services.

3.      That the Owner enter into an agreement with the Swan Lake Village Condominium Corporations granting permission for the proposed development to drain into the internal storm and sanitary systems.

4.      That the Owner submit an application to and obtain all required variance approvals from the Committee of Adjustment.

5.      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.

6.      That the site plan approval shall lapse after a period of three years commencing June 21, 2005 in the event a site plan agreement is not executed within that period;

 

And that Sierra Lane Town Villas Inc. be granted servicing allocation for 82 units (Phase 1) from the existing Town reserve (322 units);

 

And that Sierra Lane Town Villas Inc. (Phase 2) be granted a servicing allocation of 81 units, such allocation to be from the total allocation available for the Swan Lake Secondary Plan area, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design (hereafter referred to as the “flow control option”);

 

And that the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

And that site plan approval for Phase 2 be delegated to the Commissioner of Development Services, to be issued once the Region confirms its acceptance of the flow control option;

 

And that the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner;

 

And that the Region of York be advised of the servicing allocation for this development.

 

CARRIED

 

 

44.       LEBOVIC ENTERPRISES
            REQUEST TO LOCATE A STORMWATER MANAGEMENT
            POND SERVING A PROPOSED STOUFFVILLE RESIDENTIAL
            SUBDIVISION, WITHIN THE
MARKHAM TOWN BOUNDARIES
            (5.3)     
Report

 

Lloyd Cherniack, representing the applicant, Lebovic Enterprises, spoke against the staff recommendation to deny the request. Mr. Cherniak stated the applicant is prepared to make a $500,000 contribution to the Markham-Stouffville Hospital.

 

Committee considered the possibility of negotiation, and that a contribution for improvements to the Rouge Park may be more appropriate.

 

Discussions included the protection of the woodlot by the Regional By-law, cooperation with Whitchurch-Stouffville to resolve past infrastructure problems, maintenance of the storm water pond, and the amount of Development Charges and taxes that can potentially be realized from this parcel of land. It was suggested that other options for location of the infrastructure should be explored first.

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

 

That the deputation by Lloyd Cherniack, representing the applicant, Lebovic Enterprises, in support of the application, be received;

 

And that the application by Lebovic Enterprises for a stormwater management pond, be deferred to allow for a meeting with Regional Councillor J. Heath and other interested Council members, the applicant, and representative of Whitchurch-Stouffville and Rouge Park.

 

CARRIED

 

 

 

45.       LOAD RESTRICTION EXEMPTION – 19TH AVENUE (5.10)  Report

 

Richard Tranquada of Sernas Associates, and Mike McLean, both representing the applicants, Lebovic Enterprises and Fieldgate Developments, explained the need for a load restriction exemption on 19th Avenue, to facilitate the transfer of earth fill material from development sites on Reesor Road to a site on the 9th Line, all located within the boundaries of Whitchurch-Stouffville.

 

Staff discussed the volume of traffic involved, potential impacts on residents and roads infrastructure, and repair costs. Alternate routes and TRCA comments were reviewed, and it was suggested that an attempt be made to negotiate a compromise with TRCA.

 

The Ward Councillor advised that he had spoken to residents along the route about their concerns, and he cannot support the request.

 

Moved by: Councillor D. Horchik

Seconded by: Regional Councillor B. O’Donnell

 

That the deputation by Richard Tranquada of Sernas Associates, and Mike McLean, both representing the applicants, Lebovic Enterprises and Fieldgate Developments, in support of the application, be received;

 

And that the request by Lebovic Enterprises and Fieldgate Developments for load restriction exemptions on 19th Avenue, be deferred to allow staff to work with representatives of the Town of Whitchurch-Stouffville and TRCA for a compromise in the travel routes.

CARRIED

 

 

 

46.       CITY OF KITCHENER, RESOLUTION OF THE COUNCIL
            OF THE CITY OF
KITCHNER REGARDING FEDERATION
            OF CANADIAN MUNICIPALITIES BROWNFIELD FINANCING
            (13.12.4)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

 

That the correspondence dated June 6, 2005, from the City of Kitchener, advising of the resolution of the Council of the City of Kitchener requesting the Minister of Municipal Affairs to revise the appropriate Provincial legislation to allow all regional tier municipalities to participate in community improvement activities, be received.

CARRIED

 

 

 

 

47.       REQUEST FROM MILT FARROW, CHAIR OF THE
           
BUTTONVILLE AIRPORT COMMUNITY COMMITTEE (10.7)

 

Staff was requested to confirm to Councillor J. Webster if similar clauses are applied to subdivisions in Cornell.

 

Moved by: Councillor D. Horchik

Seconded by: Regional Councillor B. O’Donnell

 

That the memorandum to Development Services Committee dated, June 21, 2005, entitled “Request from Milt Farrow, Chair of the Buttonville Airport Community Committee, for a notification clause in subdivision agreements relating to Buttonville Municipal Airport” be received;

 

And that the Buttonville Airport Community Committee report back to staff to identify the specific draft plans of subdivision within the Town that may be affected by aircraft noise from Buttonville Airport;

 

And that staff prepare an appropriate condition of draft plan approval, and a notification clause to include in future subdivision agreements, for the draft plans of subdivision to be identified by the Buttonville Airport Community Committee.

CARRIED

 

 

 

NEW BUSINESS

 

48.       PART A, DEVELOPMENT SERVICES COMMITTEE (16.0)

 

Concern was expressed that issues are being dealt with in Part A sessions that are beyond its intended jurisdiction.

 

Moved by: Councillor J. Virgilio

Seconded by: Regional Councillor J. Heath

 

That the Clerk and Planning staff be directed to bring forward guidelines for Part A sessions of Development Services Committee meetings, in the fall.

CARRIED

 

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

 

IN CAMERA

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Regional Councillor J. Heath

 

That the Development Services Committee recess in-camera at 4:09 p.m. to consider legal matters.

CARRIED

 

49.       LEGAL MATTER (8.0)

 

Moved by: Councillor S. Daurio

Seconded by: Councillor A. Chiu

 

That the Committee rise from in-camera at 4:30 p.m. and report out at Committee of the Whole on June 28, 2005.

CARRIED

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


PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

Deputy Mayor  F. Scarpitti

Regional Councillor J. Heath

Regional Councillor J. Jones

Regional Councillor B. O’Donnell

Councillor S. Daurio

Councillor J. Virgilio

Councillor J. Webster

Councillor G. McKelvey

Councillor D. Horchik

Councillor A. Chiu

V. Shuttleworth, Director of Planning and Urban Design

S. Bordone, Development Technician

G. Day, Planner

B. Karumanchery, Senior Project Coordinator

N. Surti, Planner

S. Kitagawa, Acting Senior Project Coordinator

T. Williams, Planner

K. Bavington, Committee Clerk

 

 

 

The Development Services Committee convened at the hour of 7:25 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair. 

 

 

 

50.       1612861 ONTARIO LIMITED, 361 JOHN STREET
            ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
            TO PERMIT A BANQUET HALL FACILITY
            (ZA 04 029181, SC 04 029182) (10.5, 10.6)   

 

The Chair advised that the subject of the Public Meeting this date was to consider the proposed   Zoning By-law amendment and Site Plan Approval application (Files ZA 04 029181, SC 04 029182) submitted by 1612861 Ontario Limited to permit a Banquet Hall Facility at 361 John Street.

 

Committee was advised that 56 notices were mailed on June 1, 2005, and a Public Meeting sign was posted on May 31, 2005. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues, which include a parking shortfall, Phase I and Phase II Environmental Assessments, and modifications to the exterior façade. Staff are recommending referral back to staff, to address the issues identified.

 

Joanne Barnett agent for the applicant, 1612861 Ontario Limited, advised that they will continue to work with staff to resolve the issues.

 

There were no comments from the audience with respect to this application.

 

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Councillor S. Daurio

 

And that the report from the Development Services Commission report dated March 1, 2005, entitled “Applications for Zoning By-law Amendment and Site Plan Approval by 1612861 Ontario Limited to permit a banquet hall facility at 361 John Street, Thornhill”, be received;

 

And that the Record of the Public Meeting held on June 21, 2005, with respect to the proposed amendment to By-law 77-73, as amended, be received;

 

And that the application be referred back to staff for a report evaluating the proposal.

CARRIED

 

 

 

51.       1297482 ONTARIO LIMITED, 7713 KENNEDY ROAD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS 
            TO PERMIT A 4-STOREY APARTMENT BUILDING
            (OP 05 012450, ZA 05 008482) (10.5, 10.6)     

 

Councillor J. Virgilio disclosed an interest with respect to the proposed development by 1297482  for a 4-storey apartment building by nature of representing the owner of an adjoining property, 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   Official Plan and Zoning By-law amendments (Files OP 05 012450, ZA 05 008482) submitted by 1297482 Ontario Limited to permit a 4-storey apartment building at 7713 Kennedy Road.

 

Committee was advised that 30 notices were mailed on June 1, 2005, and a Public Meeting sign was posted on May 30, 2005. There were no written submissions received.

 

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

 

Committee had comments regarding access to Kennedy Road, configuration of the building and relationship to the adjacent proposal by the applicant.

 

John Heaven, 14 Springfield Drive, discussed his concerns for this proposal and also for the following proposal for 19 single lots. His concerns include increased traffic, the incompatibility of the proposed lot size with the existing large lots in the area, the preservation of mature trees, and the character of neighbourhood as an older, large-lot community.

 

Staff responded to comments advising that the tree preservation and traffic issues will be reviewed. Committee discussed coordinating development of the area with other land owners.

 

Alan Lai, the applicant for 1297482 Ontario Limited, advised that he has spoken to one property owner, but the other owners do not have development plans at this time.

 

Committee considered that the apartment building may have less impact on the neighbourhood than a potential commercial development would have.

 

Moved by: Councillor J. Webster

Seconded by: Deputy Mayor F. Scarpitti

 

That the deputations by John Heaven with concerns, and by Alan Lai, applicant, regarding Files OP 05 012450, ZA 05 008482) submitted by 1297482 Ontario Limited, be received;

 

And that the Record of the Public Meeting held on June 21, 2005, with respect to “1297482 Ontario Limited, Applications for Official Plan and Zoning By-law Amendments and Site Plan Approval to permit a 4-storey apartment building containing 16 units at 7713 Kennedy Road, on the east side of Kennedy Road, south of 14th Avenue”, be received;

 

And that the applications be referred back to staff for a report and recommendation.

 

CARRIED

 

 

52.       1297482 ONTARIO LIMITED, SOUTH OF 14TH AVENUE,
            EAST OF KENNEDY ROAD, WEST OF CHIAVATTI  DRIVE
            ZONING BY-LAW AMENDMENT AND PLAN OF SUBDIVISION
            (19TM-05001) TO PERMIT 19 SINGLE DETACHED DWELLINGS
            (ZA 05 008640, SU 05 008628) (10.5, 10.7)      

 

Councillor J. Virgilio disclosed an interest with respect to the proposed development by 1297482  for 19 single detached dwellings by nature of representing the owner of an adjoining property, 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 Plan of Subdivision applications (Files ZA 05 008640, SU 05 008628) submitted by 1297482 Ontario Limited to permit 19 single detached dwellings, south of 14th Avenue, east of Kennedy Road, at the west end of Chiavatti Drive.

 

Committee was advised that 104 notices were mailed on June 1, 2005, and a Public Meeting sign was posted on May 30, 2005. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues, including compatibility of lot sizes, requirement for a tree inventory and preservation plan, and servicing allocation.

 

 

 

John Heaven, 14 Springfield Drive, had spoken on the previous application for a 4-storey apartment building, and had indicated his concerns for this proposal. His concerns include increased traffic, the incompatibility of the proposed lot size with the existing large lots in the area, the preservation of mature trees, and the character of neighbourhood as an older, large-lot community.

 

Tony Vario, 15 Chiavatti Drive, stated his opposition to the proposal, with respect to the lot widths and traffic. Mr. Vario requested that Chiavetti Drive not be extended, and that construction traffic use the entrance from Kennedy Road.

 

Committee discussed the proposed dwelling size and value, and suggested the number of lots may need to be reduced in order to make the lots a compatible size.

 

Moved by: Councillor D. Horchik

Seconded by: Councillor J. Webster

 

And that the deputation by John Heaven and Tony Vario, with concerns regarding Files ZA 05 008640, SU 05 008628) submitted by 1297482 Ontario Limited, be received;

 

And that the Record of the Public Meeting held on June 21, 2005, with respect to “1297482 Ontario Limited, Applications for Zoning By-law Amendment and Plan of Subdivision (19TM-05001) to permit 19 singe detached dwellings located on lands south of 14th Avenue, east of Kennedy Road, at the west end of Chiavatti Drive”, be received;

 

And that the applications be referred back to staff for a report and recommendation.

 

CARRIED

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 9:15 p.m.

 

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