DEVELOPMENT
SERVICES COMMITTEE
2002-09-10
Meeting No. 14
PART
A -
11:00 a.m. - Canada Room
PART
B -
1:00 p.m. - Council Chamber
Attendance
|
Councillor
A. Chiu
|
M.F.Turner, Commissioner of
Development Services
A. Taylor, Commissioner of
Corporate Services
J. Baird, Acting Commissioner of
Development Services
R. Robinson, Town Solicitor
J. Mascarin, Assistant Town
Solicitor
A. Brown, Director of Engineering
S. Chait, Director of Corporate
Strategy & Quality Office
V. Shuttleworth, Acting Director
of Planning
T. Lambe, Manager, Policy and
Research
R. Hutcheson, Manager of Heritage
J. Bosomworth, Senior Project
Coordinator
L. Duoba, Senior Project
Coordinator
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.
DISCLOSURE OF INTEREST
Councillor K. Usman disclosed an interest with respect to
Item # 15, the proposed development by The Townhomes of Thornhill Village Inc.,
for Thornhill Square, by nature of his wife being a tenant in Thornhill Square,
and did not take part in the consideration or discussion of or vote on the
question of the approval of such matter.
Councillor J. Heath disclosed an interest with respect to
Item # 21, the application by Loblaws Property Ltd., at 200 Bullock Drive, by
nature of owning property nearby, and did not take part in the consideration or
discussion of or vote on the question of the approval of such matter.
Councillor G. McKelvey disclosed an interest with respect to
Item # 22, the site plan for Markville Mall by nature of the mall being owned
by the Ontario Teacher’s Pension Plan Fund of which he is a member and did not
take part in the consideration or discussion of or vote on the question of the
approval of such matter.
Councillor J. Heath disclosed an interest with respect to
Item # 22, the site plan for Markville Mall by nature of the mall being owned
by the Ontario Teacher’s Pension Plan Fund of which his mother is a member and
did not take part in the consideration or discussion of or vote on the question
of the approval of such matter.
Councillor D. Horchik disclosed an interest with respect to
Item # 22, the property at 125 John Street, by nature of his brother-in-law
owning 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.
1. ANGUS GLEN COMMUNITY CENTRE - SCREENING BERM (10.0)
Mr. Alan Wolfe,
Town's Project Management Consultant, and Mr. Patrick O'Hanlon of Angus Glen,
made a deputation regarding the use of excess topsoil from the Angus Glen
Community Centre construction site to build berms on the Angus Glen Golf Course
property. Discussions included matters regarding the design of the berm and
cost-sharing of the savings realized by the Town by not having to deposit the
excess topsoil off-site. Mr. O'Hanlon confirmed that Angus Glen has agreed to
construct the berms at elevations lower than indicated on the drawings SK-2 and
SK-3, dated September 5, 2002, prepared by Starr Landscape Incorporated.
The credit within
the construction contract for depositing all the material on the Golf Course is
$ 55,000, however,
Mr. Wolfe noted that the credit would be less if all the material could not be
utilized within the Golf Course berms.
It was noted that
the direction of this Committee will be enacted prior to Council's endorsement,
due to the imminent delivery of the topsoil.
RECOMMENDATION:
That the
presentation by Mr. Alan Wolfe, Project Consultant, Angus Glen Community Centre
and Library, and Mr. Patrick O'Hanlon of Angus Glen, with respect to the Angus
Glen Golf Course Screening Berm Study, be received;
And that the
depositing of excess topsoil from the Angus Glen Community Centre construction
site onto the Angus Glen Golf Course property for construction of berms be
approved, conditional upon the Angus Glen Golf Course entering into an
agreement with the Town to confirm the following arrangements with the Town of
Markham, satisfactory to the Town Solicitor:
1. That 50% of the savings on the construction
contract for the Angus Glen Community Centre as a result of depositing top soil
on Angus Glen Golf Course property be allocated to Angus Glen Golf Course, for
shaping and landscaping of the berms.
2. That the subject berms are to be
constructed in accordance with, or lower than, the elevations and design
indicated on the plans submitted by Staff Landscape Incorporated, SK-2 and
SK-3, dated September 5, 2002.
2. ANGUS GLEN DEVELOPMENT LTD.
ENVIRONMENTAL IMPACT STUDY FOR SANITARY SEWER
TO SERVICE ANGUS GLEN COMMUNITY CENTRE (10.0, 5.5, 5.7)
Mr. Montgomery,
representing Angus Glen, was in attendance to request Committee to re-consider
the feasibility of the last clause of the revised recommendation, due to the
extensive EIS process that has been undertaken. Committee considered that if a
satisfactory realignment to minimize the effects can be achieved before the
recommendation is presented to Council, it may be reconsidered. Committee
directed that the realignment specifically identify areas A3, A4, A5, and A6.
Mr. Montgomery
advised that the de-watering will involve the valley portion only, and will
last approximately 2 weeks.
RECOMMENDATION:
That the Environmental Impact Study by Gartner Lee dated August 2002
for the sanitary sewer proposed to service the Angus Glen Community Centre be
approved subject to the following conditions:
- implementation
of the recommendations of the Environmental Impact Study dated August 22, 2002
by Gartner Lee;
- the
final alignment of the sewer to be established in the field to minimize the
impact on existing vegetation and encroachment into the buffer strip whenever
possible (A3, A4, A5, A6);
- the
utilization of trenchless technology (auguring) and/or trench box construction
methods to minimize environmental impact;
- submission
of a planting plan including a phasing plan for the restoration and enhanced
landscaping of the valley land buffer strip;
- submission
of a geotechnical report which supports the recommendations of the
Environmental Impact Study and addresses slope stability matters;
- sediment controls
be installed to the satisfaction of the Director of Engineering and TRCA;
- compliance
with TRCA requirements.
- provision
for a well monitoring program be undertaken, prior to any de-watering
activities, to the satisfaction of the Town;
- Angus
Glen and staff apply best efforts in examining the re-location of the temporary
section of the sanitary sewer outside of the environmental buffer strip; and
- prior
to any future draft plan approval of the West Village, staff report on the
location of the permanent sanitary sewer in relation to the ultimate
environmental buffer and present options available for relocating the permanent
sanitary sewer.
3. IMPERIAL
OIL LIMITED, 380 MAIN STREET N., MARKHAM
REZONING APPLICATION (ZA 01
115564) (10.5)
RECOMMENDATION:
That the
Zoning by-law amendment application (ZA 01 115564) to permit a retail
commercial use (convenience store) as a permitted use within the existing
Highway Commercial zoning, and to recognize site specific development
standards, be approved and the Zoning By-law be enacted without further notice.
4. APPOINTMENT BY-LAW
PURSUANT TO THE ONTARIO BUILDING CODE ACT (10.13)
Committee requested clarification be
provided at the Council meeting scheduled for September 17, 2002, regarding zoning
examiners being qualified as Building Officials, and the qualifications
required for the different titles.
RECOMMENDATION:
That the report entitled
"Appointment By-law pursuant to the Ontario Building Code Act" be
received and that Council enact the attached appointment by-law.
5. WISMER
COMMONS, GO RAIL CROSSING AGREEMENT (5.14.2)
RECOMMENDATION:
That the Development Services Committee
September 10, 2002 report entitled “ Wismer Commons Go Rail Crossing Agreement”
be received;
And that the Mayor and
Clerk be authorized to execute crossing agreements to allow for the
construction of a trunk storm sewer crossing the Greater Toronto Transit Authority (Go Rail) line at a location north of 16th Avenue, east of
Hwy 48;
And that, the trunk storm sewer
crossing be added to the Street Services Department’s inventory of level
crossings to be maintained by the Town once the facilities have been
constructed and assumed to the satisfaction of the Town and Go Rail.
6. CONSTRADA RECYCLING FACILITY, 350
YORKTECH DRIVE
REQUEST FOR AMENDMENT TO SITE PLAN CONDITIONS
(SC 01-104830) (10.6)
As the matter of the Constrada Recycling Facility at 350
Yorktech Drive had been approved at the Development Services Meeting held on
August 26, 2002, the Committee discussed a procedural issue, regarding
re-consideration of a matter within the next four regular meetings after the
matter was originally considered. Legal staff advised that today's matter can
be considered a new issue concerning amendments to conditions of approval,
rather than a re-consideration of the zoning and site plan applications. The
Chair concurred, and was challenged. A majority vote of the Committee supported
the Chair, and the discussion of this matter proceeded.
The Committee had before it, correspondence from:
1. Bill Seli, General Manager, of First
Markham Place, in support of the proposed site plan amendments;
2. Louis and
Brenda Au, 1 Loweswater Avenue, Markham - in objection;
3. Grace and
Henry Ng, 102 Hollingham Road, Unionville - in objection;
4. Glandy Luk,
39 Lockridge Avenue, Unionville - in objection;
5. K. Tang, 2
Cranleigh Drive, Markham - in objection;
6. R. Peiris,
resident of Markham - in objection.
Staff reviewed the recent approval of a Temporary Zoning
By-law and Site Plan applications submitted by Constrada Recycling Facilities
at 350 Yorktech Drive, and the current request for amendments to the conditions
of site plan approval, with respect to hours of operation and restriction of
truck traffic.
Ms.
Joanne Barnett, representing Roseport Developments Inc. and Landport
Developments Inc., owners of the subject property, made a deputation to explain
the request. Ms. Barnett suggested a by-law of general application to restrict
traffic on Rodick Road would be more effective and equitable that just
restricting Constrada vehicles through site plan provisions. Ms. Barnett
discussed the hours of operation arguing that First Markham Place does not open
until noon on Saturdays, and since road construction occurs on Saturday
mornings, it would be more practical for Constrada to be able to operate from 7
a.m. to 11 a.m., in order to supply materials. Mr. Nick Poulis of Poulos and Chung, Traffic Consultant for the
applicant, reviewed truck restrictions and peak hour traffic.
Ms. Winnifred Ng, 99 Braeside Square, representing Markham
residents she had contacted, expressed dismay that the Town would consider
amendments to the conditions, and urged the Committee to deny the request. A
written copy of Ms. Ng's statement was submitted.
Ms. Patricia Lau, 59 Calderbridge Crescent, stated her
opposition to the proposed site plan amendments. Ms. Lau discussed the hours of
operation of First Markham Place, and the importance of the traffic issues.
Mr. Tony Case, 2 Shae Court, stated his opposition to the
proposed site plan amendments, and advised that the First Markham Place parking
lot is a very busy place on Saturday mornings.
Mr. Eddie Tsao, 19 Montgomery Court,
expressed concern for the proposed amendments. He suggested that the Saturday
mornings of the residents should not be disturbed, and he questioned the effect
of the proposed amendments on the truck traffic on Highway 7.
Committee discussed
truck restrictions, and how a general by-law would affect other businesses and
traffic that will be diverted to other routes. Staff confirmed the delivery
trucks for First Markham Place would not be affected, and that the restrictions
can be lifted when Rodick Road is completed, so that it can fulfill it's
intended use as an industrial and employment lands traffic route.
The options and truck classifications outlined in the
staff report were reviewed, and staff advised that if the applicant appealed
the site plan conditions to the OMB, a regulatory
by-law under the Municipal Act would not be appealed and would remain effective
in restricting traffic.
With respect to hours of
operation, the Committee discussed the feasibility of enacting a licensing
by-law, in case the site plan provisions in this regard are appealed. Staff
advised that licensing by-laws do not have jurisdiction over a manufacturing
business and that such a by-law may not apply to Constrada's proposed recycling
facility.
Staff and the
Committee concluded that problems with operations and enforcement of conditions
will be considered when the Temporary Use By-law requires an extension after
three years.
RECOMMENDATION:
That the
correspondence from Bill Seli, General Manger of First Markham Place, in
support; and from Louis and Brenda Au, Grace and Henry Ng, Glandy Luk, K. Tang,
and R. Peiris, in objection to the proposed amendments to the site plan
conditions, File SC 01-104830, submitted by Constrada, be received;
And that the deputation by Ms.
Joanne Barnett, representing Roseport Developments Inc. and Landport
Developments Inc., Mr. Nick Poulis of Poulos and Chung Traffic Consultants, Ms.
Winnifred Ng, Ms. Patricia Lau, Mr. Tony Case, and Mr. Eddie Tsao, be received.
And that the report entitled
“ConStrada Recycling Facility: Request by applicant for amendment to Site Plan
Conditions, 350 Yorktech Drive, Markham, Ontario, Concession 4, Lot 9”, be received
for consideration;
And that the letter from Ronald Webb, solicitor for the applicant
(August 27, 2002) requesting modifications to the site plan conditions to
permit truck traffic on Rodick Road by weight or class and to permit operation
on Saturday until noon be received;
And that the letter from Mr. Harold Quinton, IBM Canada Ltd. (July 5,
2002), be received;
And that a by-law be brought forward to Council
as soon as possible, not later than October, 2002, for full truck prohibition
on Rodick Road, south of Highway 7 (Option 2);
And further that the conditions of Site Plan
Approval dated June 25, 2002 remain intact, including clauses 1(j) and 1(k),
and not be amended.
And that the request to operate on Saturdays be
denied.
----
-------------------------------------------------------------------------------------------------
* Amended by Council at its meeting held September 17, 2002, to
read as follows:
"And further
that the conditions of Site Plan Approval dated June 25, 2002 remain intact,
including clause 2(l), not be amended.
And that the the
request to operate on Saturdays from 7:00 a.m. to 11:00 a.m. be approved and
Clause 2(r) of the conditions of Site Plan Approval dated June 25, 2002 be
amended accordingly."
Public Meeting
7. ROBERT LITTLE, EAST OF NINTH LINE, NORTH OF STEELES AVENUE
TEMPORARY USE ZONING BY-LAW AMENDMENT TO PERMIT
GOLF DRIVING RANGE (ZA.02 110790)(10.5)
The Chair advised that the subject
of the Public Meeting this date was to consider application File ZA.02 110790,
submitted by Robert Little, for a temporary use zoning by-law amendment to
permit a golf driving range at lands east of Ninth Line and north of Steeles
Avenue.
Committee was advised that 17
notices were mailed on August 21, 2002, and a public meeting sign was posted on
August 6, 2002. There were no written submissions received.
Staff gave a presentation regarding
the proposal, explaining the location, surrounding uses, and the proposed uses
of the subject property. Staff confirmed that all issues identified for concern
can be addressed by site plan approval, and that servicing issues will be
address before the by-law is presented to Council.
There were no comments from the
public with respect to this application.
RECOMMENDATION:
That the Record of
the Public Meeting held on September 10, 2002 with respect to the proposed
amendments to By-law 304-87 by Robert Little to permit a golf driving range on
a temporary basis on a portion of his lands on the east side of Ninth Line,
north of Steeles Avenue (ZA,02-110790) be received;
And that the
application by Robert Little to amend By-law 304-87 be approved;
And that the proposed
amendment to By-law 304-87 be enacted without further notice.
8. ROBERT AND ELIZABETH BOWERMAN, 8 OAKCREST AVENUE
ZONING BY-LAW AMENDMENT TO PERMIT A SEVERANCE
(ZA.02-109627) (10.5)
The Chair advised that the subject
of the Public Meeting this date was to consider application File ZA.02-109627,
submitted by Robert and Elizabeth Bowerman, for a zoning by-law amendment to
permit a severance at 8 Oakcrest Avenue.
Committee was advised that 67
notices were mailed on August 21, 2002, and a public meeting sign was posted on
August 19, 2002. The Committee received correspondence from Paul Man, 16 Robert
Street, Markham, expressing concerns.
Staff gave a presentation regarding
the proposal, explaining the location, surrounding uses, and the proposed uses
of the subject property. In response to Mr. Man's correspondence, staff advised
that most of the trees on the property can be preserved.
Ms. Diane Pineau, 4
Oakcrest Avenue, spoke in support of the application, and stated her opinion
that the proposed development would be compatible with adjacent development.
Mr. Glenn Baron, 251
Helen Avenue, advised he does not object to this proposal, but he requested
clarification regarding Development Charges. Councillor Virgilio and staff
responded.
RECOMMENDATION:
That the correspondence from Mr.
Paul Man, and the deputations by Ms. Diane Pineau and Mr. Glenn Baron with
respect to the proposed Zoning By-law Amendment to permit a severance at 8
Oakcrest Avenue (ZA.02-109627) submitted by Robert and Elizabeth Bowerman, be
received;
And that the Development
Services Commission information report dated September 10, 2002, entitled
"Robert and Elizabeth Bowerman, Zoning By-law Amendment to permit a
severance at 8 Oakcrest Avenue (ZA.02-109627)" be received;
And that the Record
of the Public Meeting held on September 10, 2002 with respect to the proposed
amendments to By-law 122-72 be received;
And that the
application by Robert and Elizabeth Bowerman to amend By-law 122-72 be
approved;
And further that the
proposed amendment to By-law 122-72 be enacted without further notice.
9. GAETANO AND FRANCA
MOLINARO, 11 SABISTON DRIVE
ZONING BY-LAW AMENDMENT TO
PERMIT A SEVERANCE
(ZA.02-108247) (10.5)
The Chair advised that the subject
of the Public Meeting this date was to consider application File ZA.02-108247,
submitted by Gaetano and Franco Molinaro, for a zoning by-law amendment to
permit a severance at 11 Sabiston Drive.
Committee was advised that 86
notices were mailed on August 21, 2002, and a public meeting sign was posted on
August 14, 2002. No written submissions were received.
Staff gave a presentation regarding
the proposal, explaining the location, surrounding uses, and the proposed uses
of the subject property. Committee discussed infill criteria and lot size.
Mr. Glenn Baron, 251
Helen Avenue, advised he does not object to this proposal, but he requested
clarification regarding Development Charges and Agreements. Councillor Virgilio
and staff responded. The Chair suggested Mr. Baron contact the Town Clerk
regarding a Freedom of Information Request.
RECOMMENDATION:
That the deputation
by Mr. Glenn Baron with respect to the proposed Zoning By-law Amendment to
permit a severance at 11 Sabiston Drive (ZA.02-108247) submitted by Gaetano and
Franco Molinaro, be received;
That the Development
Services Commission information report dated September 10, 2002, entitled
"Gaetano and Franco Molinaro, Zoning By-law Amendment to permit a
severance at 11 Sabiston Drive (ZA.02-108247)" be received;
And that the Record
of the Public Meeting held on September 10, 2002 with respect to the proposed
amendments to By-law 122-72 be received;
And that the
application by Gaetano and Franco Molinaro to amend By-law 122-72 be approved;
And further that the
proposed amendment to By-law 122-72 be enacted without further notice.
-----------------------------------------------------------------------------------------------
Other matters
discussed by the Development Services Committee on September 10, 2002:
10. ANGUS
GLEN COMMUNITY CENTRE
ENVIRONMENTAL IMPACT STUDY FOR
SEWERS (10.0, 5.5, 5.7)
Mr. Patrick O'Hanlon of Angus Glen
and Ms. Deborah Martin-Downs of Gartner Lee, made a presentation regarding the
Environmental Impact Study for sewers for the Angus Glen Community Centre. Mr.
O'Hanlon discussed the EIS process and negotiations with the owners that have
resulted in the current proposal whereby 70 percent of the sanitary sewers are
outside of the environmental buffer.
Ms. Martin-Downs presented the scoped
EIS, explaining TRCA's involvement and describing the setbacks and the crossing
of Bruce Creek by trenchless boring. An Environmentalist and Arborist will
assist in monitoring the application of mitigation measures.
Committee discussed the areas where
the sanitary sewer is proposed to be temporary, requesting best efforts be made
to shift these outside the buffer zone. Committee also requested in the areas
where the sewer is proposed to be permanent, that they be located to minimize
the impact on the existing vegetation, particularly in A3, A4, A5 and A6 areas.
Gartner Lee representatives agrees to investigate these opportunities. Mr.
Hanlon agreed to the best efforts of Angus Glen to locate the sewer outside of
the buffer area. Committee requested that consideration be given to increase
the buffer zone to compensate for the disturbance, and that a staff update be
provided at Council regarding negotiation of these issues. Staff advised the
buffer zones are established in the Plan of Subdivision, and Committee directed
staff to review if the permanent sewers can be removed or relocated from the
buffer areas, when the formal development application is received.
Committee discussed dewatering and
well monitoring, particularly for residents to the west. Staff was directed to
include this issue as a condition of approval.
RECOMMENDATION:
That the presentation by Angus Glen
representatives and the Consultant regarding the Environmental Impact Study for
sewers for the Angus Glen Community Centre, be received.
11. EMPLOYMENT
LANDS STUDIES (10.8)
Staff and Mr. Bob Lehman of Meridian
Planning, Town Consultant, made a presentation regarding the Highway 407/Rodick
Road and Highway 404 North Land Use Studies. A handout providing an
update/progress report was provided, and Committee was advised the work is proceeding
on schedule. Public consultation will be coordinated to the extent possible
with the Region's Public consultation for the EA Study for the Woodbine Avenue
By-pass.
RECOMMENDATION:
That the presentation by staff and
Mr. Bob Lehman of Meridian Planning, Town Consultant, regarding the Employment
Lands Study be received.
12. NATURAL
HERITAGE LAND SECUREMENT CRITERIA (8.6)
Staff made a presentation regarding
the Natural Heritage Land Securement criteria. A handout was provided
illustrating the screening criteria for the Environmental Sustainability Fund
and the Environmental Acquisition Fund. A staff report is scheduled to be
presented to the Development Services Committee on September 24, 2002, and
staff will be looking for names of Committee members interested in becoming
involved. Regional Councillor Wong indicated he wished to Chair one of the Fund
Committees.
RECOMMENDATION:
That the staff presentation regarding
the Natural Heritage Land Securement criteria be received.
13. PRESENTATION OF SERVICE AWARDS (12.2.6)
The
following employees received service awards:
Brian Williams, Waterworks Supervisor,
Waterworks - 35 years
Hugh Allison, 1st Class
Firefighter, Fire Department - 15 years
Donato Capozzi, Parks Labourer/Driver, Parks
Maintenance & Construction - 15 years
Stephen Gildner, Gradall Operator, Roads
Maintenance - 15 years
Brent Marshall, Stockkeeper, Capital Assets -
15 years
Elias Panzarella, Waterworks Operator 2,
Waterworks - 15 years
Paul Parkin, General Maintenance, Parks Maintenance
& Construction - 15 years
Andrew Taylor, Commissioner of
Corporate Services - 10 years
14. HIGHWAY
404 NORTH LAND USE STUDY (10.8)
Mr. Ben Quan of PMG Planning Consultants, representing Tung Kee
Investment Limited Partnership, and Mr. Don Logie of O & Y Enterprises,
made a deputation to request a change in the boundaries for the Highway 404
North Land Use Study. Correspondence from Mr. Quan, dated August 28, 2002, was
provided. Mr. Logie advised of the major conference and entertainment centre
proposal being considered for the property at the south-east corner of Woodbine
Avenue and 19th Avenue.
Staff advised that extensive work has been completed on the study thus
far, and it would be impractical to expand the project for one parcel of land. Expansion
is normally considered on a concession
block basis. The Committee advised Mr.
Quan that a review of his request may be considered if a formal development
application is received for the land in question.
RECOMMENDATION:
That the correspondence and deputation by Mr. Ben Quan of PMG Planning
Consultants, representing Tung Kee Investment Limited Partnership, and Mr. Don
Logie of O & Y Enterprises, requesting a change in the boundaries for the
Highway 404 North Land Use Study, be received.
15. THE TOWNHOMES OF THORNHILL VILLAGE INC.
300 JOHN STREET, THORNHILL SQUARE, PRELIMINARY REPORT
ZONING BY-LAW AMENDMENT (ZA 02 111342) (10.5)
Councillor K. Usman disclosed an interest with respect to
the proposed development by The Townhomes of Thornhill Village Inc., for
Thornhill Square, by nature of his wife being a tenant in Thornhill Square, and
did not take part in the consideration or discussion of or vote on the question
of the approval of such matter.
RECOMMENDATION:
That the report
entitled "Application by The Townhomes of Thornhill Village Inc. for
Zoning By-law Amendment to permit medium and high density residential on the
Thornhill Square property, 300 John Street" be received;
And that the
application be referred back to staff for further review and analysis of issues
and concerns identified;
And that a public
meeting be held to consider the proposed zoning by-law amendment when staff are
satisfied that the identified issues/concerns can be satisfactorily resolved.
16. LITTLE'S MEADOW LAWN FAIRWAY
EAST OF NINTH LINE, NORTH OF STEELES AVENUE
PRELIMINARY REPORT - ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATIONS (ZA 02 110790, SC 02 110793)(10.5, 10.6)
RECOMMENDATION:
That the Development
Services Commission Report dated September 10, 2002, entitled "Preliminary
Report, Little's Meadow Lawn Fairway, Zoning By-law Amendment and Site Plan
applications to permit a golf driving range as a temporary use on lands located
east of Ninth Line, north of Steeles Avenue (ZA 02 110790, SC 02 110793)"
be received as information for consideration at the scheduled public meeting.
17. ROBERT AND ELIZABETH BOWERMAN, 8 OAKCREST
AVE.
PRELIMINARY REPORT - ZONING
BY-LAW AMENDMENT
(ZA.02-109627) (10.5)
RECOMMENDATION:
That the Development
Services Commission Report dated September 10, 2002, entitled "Preliminary
Report, Robert and Elizabeth Bowerman, Zoning By-law Amendment to permit a
severance at 8 Oakcrest Avenue (ZA.02-109627)" be received as information
for consideration at the scheduled public meeting.
18. GAETANO AND FRANCA MOLINARO, 11 SABISTON
DRIVE
PRELIMINARY REPORT - ZONING BY-LAW AMENDMENT
(ZA.02-108247) (10.5)
RECOMMENDATION:
That the Development
Services Commission Report dated September 10, 2002, entitled "Preliminary
Report, Gaetano and Franco Molinaro, Zoning By-law Amendment to permit a
severance at 11 Sabiston Drive (ZA.02-108247)" be received as information
for consideration at the scheduled public meeting.
19. JOHN
ALEXANDRIS, 28 RIVER BEND ROAD
ZONING BY-LAW AMENDMENT (ZA.02-111344)(10.5)
Committee discussed concerns that
construction proceed in a proper manner. Staff advised conditions can be
attached to the severance, such as a development agreement, in order to address
concerns. Committee directed staff to provide legal advice regarding this issue
at the public meeting.
Committee also directed that an
interpretation be requested from the Ministry of Natural Resources regarding
SPA polices with respect to flood protection, to be provided at the Public
Meeting. Committee directed staff to correspond with the Minister of the MNR
regarding this issue.
RECOMMENDATION:
That a Public Meeting be held to
consider Zoning By-law amendment application ZA.02-111344, submitted by John
Alexandris, to permit severances to create three (3) new lots at 28 River Bend
Road;
And that staff provide for the
public meeting, legal advice regarding measures that can be enacted to ensure
proper construction on the subject property, and an interpretation from the
Ministry of Natural Resources regarding SPA polices with respect to flood
protection;
And that staff correspond with the
Minister of the MNR with respect to the SPA polices regarding flood protection.
20. GRAYWOOD DEVELOPMENTS LTD., 5928 AND 5958
16TH AVENUE OFFICIAL PLAN AND REZONING APPLICATIONS
(OP 02 111644 & ZA 02 111669)(10.3, 10.5)
RECOMMENDATION:
That a Public Meeting be held to
consider applications submitted by Graywood Developments Ltd. for an Official
Plan amendment and implementing zoning by-law for 5828 and 5958 16th
Avenue.
21. REPORT ON INCOMING APPLICATIONS
AUGUST 2, 2002 TO AUGUST 20, 2002(10.0)
Councillor J. Heath disclosed an interest with respect to
the application by Loblaws Property Ltd., at 200 Bullock Drive, by nature of
owning property nearby, and did not take part in the consideration or
discussion of or vote on the question of the approval of such matter.
Staff noted that the approval route for Tenstone
Developments Inc. should read "Committee/Council".
RECOMMENDATION:
That Committee receive the report
entitled "Report on Incoming Applications for the period of August 2 to
August 20, 2002" and direct staff to process the applications in
accordance with the route outlined in the report.
22. SITE PLAN APPLICATIONS APPROVED
UNDER BY-LAW 216-93 (FILE: DM 2001-03)(10.6)
Regional
Councillor T. Wong assumed the Chair for this item.
Councillor G. McKelvey disclosed an interest with respect to
the site plan for Markville Mall by nature of the mall being owned by the
Ontario Teacher’s Pension Plan Fund of which he is a member and did not take
part in the consideration or discussion of or vote on the question of the
approval of such matter.
Councillor J. Heath disclosed an interest with respect to
the site plan for Markville Mall by nature of the mall being owned by the
Ontario Teacher’s Pension Plan Fund of which his mother is a member and did not
take part in the consideration or discussion of or vote on the question of the
approval of such matter.
Councillor D. Horchik disclosed an interest with respect to
the property at 125 John Street, by nature of his brother-in-law owning 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.
RECOMMENDATION:
In accordance with Site Plan Approval Delegation By-law
216-93, 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 the following applications:
1. Glenburn Farms - Phase 2, 1 Old Farm
Lane (SC 02 106132)
2. Johnson & Johnson - parking lot,
200 Whitehall Drive (SC 02 109094)
3. Markville Mall Shopping Centre - East
Side Marios, 5060 Highway 7 (SC 01-109606)
4. On Golden Pond in South Unionville (SC 02-109777)
5. Reg. W. Perkin Ltd. (Bell Cabinet),
9582 Highway 48 (SC 02-107939)
6. 80 Frontenac Drive - driveway access
(SC 02-109196)
7. 125 John Street, Thornhill Heritage
District (SC 01-109501)
8. 7115 Yonge Street, addition to
automobile dealership (SC 01-117269)
9. 55 Travail Road, new industrial
building (SC 02-107361)
23. MARKHAM CENTRE YMCA LOCATION AND ORC
LANDS
7996 KENNEDY ROAD, PRELIMINARY REPORT
TOWN-INITIATED ZONING BY-LAW AMENDMENT TO PERMIT
A YMCA AND PARKING FACILITIES (ZA 01-104767) (10.5)
Correspondence was received from Mark
Yarranton of KLM Planning on behalf of Intermarket, potential purchasers of the
subject property, providing comments.
RECOMMENDATION:
That the correspondence dated
September 10, 2002, from Mark Yarranton of KLM Planning on behalf of
Intermarket, potential purchasers of the subject property, be received;
And that the report entitled
"Town Initiated Rezoning, Markham Centre YMCA Location and ORC Lands, 7996
Kennedy Road, Concession 5, Part Lot 8, File Number ZA 02.111702" be
received as information for consideration at the September 10, 2002, public
meeting.
24. IMPERIAL
OIL LIMITED, 380 MAIN STREET N., MARKHAM
SITE PLAN APPROVAL (SC 01
115527)(10.6)
Mr. E. W. Citton and Mr. Murray Evans,
representing Imperial Oil, presented elevations and site plan drawings of the
proposal. They requested reconsideration of conditions 1(b),(c),(d),(e),(i),
and (k). The Committee acknowledged the extensive negotiations that had
occurred for this application.
RECOMMENDATION:
That the
Site Plan Control application (SC 01 115527) for a redevelopment of the ESSO
station at 380 Main Street North 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, and cash in lieu of parkland;
b) a “carriage style/ door” appearance
should be used in conjunction with the two industrial style windows on the
north elevation (given the desire to achieve an industrial/ blacksmith/
carriage house look for the building);
c) a
vertical wood product is to be used in the gables;
d) the contrasting
yellow brick banding is to be in running bond along the upper portion of the
brick;
e) all
signage on the property is to made from traditional materials with wood being
the preferred material, and conform with the special Heritage District provisions
of the Town’s Sign By-law;
f) the canopy should generally not be
illuminated, but if illumination is required, for the ESSO name only, any such
illumination of the ESSO name should use external means (i.e. gooseneck
lighting, down lighting from soffit);
g) light standards to be used on the property are
to be complementary to the heritage area and approved by Town staff (Heritage
Section) in consultation with the Heritage Markham and Main Street Markham
Committees;
h) the design and message to be conveyed on the
decorative brick wall at the northeast corner is to be complementary to the
heritage area and approved by Town staff (Heritage Section) in consultation
with the Heritage Markham and Main Street Markham Committees;
i)
- deleted -
j)
to assume the cost of producing a
standard ‘Markham Remembered’ interpretive plaque and erect it in a visible
location on the site;
k)
to provide an environmental clearance
letter from an independent party to attest that the lands are in
conformance with the MOEE’s current guidelines.
2. That prior to the execution of the site plan
agreement, the Owner shall submit final drawings which comply with all
requirements of the Town and authorized public agencies to the satisfaction of
the Commissioner of Development Services;
3. 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 of the Commissioner
of Development Services;
4. And that the site plan approval shall lapse
after a period of three (3) years commencing September 10, 2002, in the event
that a site plan agreement is not executed within that period.
25. EXEMPTION TO NOISE CONTROL BY-LAW 218-89
16TH AVENUE TRUNK SEWER CONTRACT (2.10, 5.5)
Mr. Lorne Smith, 10292 McCowan Road,
requested consideration of the noise exemption be deferred, and that McNally
International and the Region of York be requested to address de-watering
issues. Mr. Smith described the on-going problems with his well caused by current
McNally International sewer construction projects, and he expressed concern for
potential problems for other wells. Mr. Smith advised he had been unable to
obtain a copy of the de-watering permit issued for the current project.
Committee members requested an
explanation of the process and impacts, including the quantity of water
involved, and alternatives for dealing with the water. Regional Councillors
advised a meeting is arranged with Regional and McNally representatives, to be
held on Wednesday, September 18, at 9:00 a.m, in the Markham Town office. It is
open to anyone who wishes to attend. Committee requested that Ministry
representatives be invited to attend.
The Committee directed that the Region
update them on the well situation, including a copy of the de-watering permit,
as well as further information or clarification on the following matters:
- maps to be provided identifying the
specific locations of the work sites;
- what equipment will physically be at
the sites;
- why is the noise exemption request
for different hours at different sites;
- details of any complaints received;
- lighting details;
- how much time will be saved on the
project if this requested three-year exemption is granted;
- what other conditions may be
required at the 9th Line/Stone Mason shafts, which is a built-out
area.
The Engineering Department was
directed to organize a site meeting for Council members to review the tunneling
operation. Committee suggested a Public Meeting be arranged prior to
consideration of the exemption of the noise by-law.
RECOMMENDATION:
That the request for an exemption to
the Town’s Noise Control By-Law 218-89 to extend the hours of work for the
construction of the second phase of the 16th Avenue trunk sanitary
from Stone Mason Drive to Woodbine Avenue as requested by the Region of York be
referred to staff;
And that a meeting be arranged
with Council, staff, and representatives of York Region and the Ministry of
Natural Resources regarding de-watering issues, at the Committee of the Whole
meeting scheduled for September 17th, 2002, or the earliest
opportunity.
26. CODE OF CONDUCT FOR BUILDING OFFICIALS
(10.13)
Committee requested the Code of
Conduct for Building Officials be revised to reflect the Town's high standards
and leadership, the quality of our employees, and staff's pride in working for
the Town of Markham.
RECOMMENDATION:
That
the report entitled "Code of Conduct for Building Officials" be
received and the attached
"Code of Conduct for Building
Officials" be referred back to staff.
Public Meeting
Attendance
|
Councillor
A. Chiu
|
V. Shuttleworth, Acting Director
of Planning
B. Karumanchery, Senior Project
Coordinator
M. Wouters, Senior Planner
D. Cheng, Planner
T. Kanji, Planner
K. Bavington, Committee Clerk
|
The Development Services Committee
convened at the hour of 7:00 p.m. in the Council Chamber with Councillor G.
McKelvey in the Chair.
27. TOWN OF MARKHAM, 7996 KENNEDY ROAD
PROPOSED MARKHAM CENTRE YMCA LOCATION FOR ORC LANDS
TOWN-INITIATED ZONING BY-LAW AMENDMENT TO PERMIT A
YMCA AND PARKING FACILITIES (ZA 01-104767) (10.5)
The Chair advised that the subject
of the Public Meeting this date was to consider application File ZA.01-104767,
for a Town of Markham initiated zoning by-law amendment to permit a YMCA and
parking facilities at 7996 Kennedy Road.
Committee was advised that 22
notices were mailed on August 21, 2002, and a public meeting sign was posted on
August 20, 2002. The Committee received correspondence from Mark Yarranton of
KLM Planning Partners, on behalf of Intermarket, submitting comments and
concerns.
Staff gave a presentation regarding
the proposal, explaining the location, surrounding uses, and the proposed uses
of the subject property. Staff advised that the Heritage House on the property
that will be preserved, and that the final reference plan and traffic study
have yet to be reviewed.
Committee discussed the necessity of
enacting an Official Plan Amendment to prohibit residential development on the
site. The correspondence received was reviewed with respect to the residential
use and transportation component.
Mr. Glenn Baron, 251 Helen Avenue,
discussed traffic issues with respect to Helen Avenue, and the intersection.
Mr. Karl Long of iTrans, Traffic Consultant, advised re-location of the
intersection is not anticipated.
Staff noted that discussions had
been held with ORC regarding potential purchasers and uses.
Committee directed that a staff
report be provided at the earliest opportunity regarding the necessity of
enacting an Official Plan Amendment. Staff advised the final report will
include a review of issues discussed.
Committee directed
that staff prepare a letter to ORC, to be signed by the Mayor, requesting ORC
honour their agreement regarding the subject lands, and not market the property
for residential use.
RECOMMENDATION:
That the information
report entitled "Proposed Markham Centre YMCA Location - Town initiated
Rezoning for the ORC lands located at 7996 Kennedy Road Concession 5, Part Lot
8, Markham, Ontario, File Number ZA 01-104767" be received as information
for consideration at the September 10, 2002 public meeting;
And that the Record
of the Public Meeting held on September 10, 2002 with respect to the proposed
amendments to By-law 122-72 be received;
And further that the proposed amendment be referred back to
staff for a recommendation report.
And that staff bring forward a report as soon as
possible, regarding the necessity of initiating an Official Plan Amendment for
the subject lands.
ADJOURNMENT