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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2005-05-03

Meeting No. 9

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

Vice-Chair:  Councillor D. Horchik

Members:

            Mayor D. Cousens

            Deputy Mayor  F. Scarpitti (11:20)

            Regional Councillor J. Heath

            Regional Councillor J. Jones

            Regional Councillor B. O’Donnell

            Councillor S. Daurio

            Councillor J. Virgilio (1:00)

            Councillor J. Webster

            Councillor K. Usman (12:00)

            Councillor A. Chiu

 

Regrets:  Councillor G. McKelvey

J. Baird, Commissioner of Development Services

M. Boyce, Senior Policy Coordinator

C. Conrad, Town Solicitor

L. Duoba, Project Coordinator

L. Irvine, Manager, Parks and Open Space

B. Karumanchery, Senior Project Coordinator

R. Kendall, Senior Project Coordinator

D. Miller, Senior Planner

A. Mukherjee, Manager, Transportation Engineering

A. Pozywiak, Director, Strategic Initiatives

V. Shuttleworth, Director of Planning and Urban Design

N. Unsworth, Park Development Coordinator

T. Williams, Planner

K. Bavington, Committee Clerk

 

 

The Development Services Committee convened at the hour of 11:05 p.m. with Councillor D. Horchik in the Chair. 

 

 

DISCLOSURE OF INTEREST

 

Deputy Mayor F. Scarpitti disclosed an interest with respect to Item # 1, the proposed development by 973125 Ontario Ltd. and Constantinos Pallas, by nature of living in close proximity to the subject lands, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

1.         973125 ONTARIO LTD. AND CONTANTINOS PALLAS
            9250 WARDEN AVENUE, ZONING BY-LAW AMENDMENT
            (ZA 04 016314) (10.5)

Deputy Mayor F. Scarpitti disclosed an interest with respect to the proposed development by 973125 Ontario Ltd. and Constantinos Pallas, by nature of living in close proximity to the subject lands, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

Moved by: Regional Councillor B. O’Donnell

Seconded by: Regional Councillor J. Heath

 

That the staff memorandum dated May 3, 2005, regarding the proposed zoning by-law amendment, File ZA 04 016314, submitted by 973125 Ontario Limited and Constantinos Pallas for a 15 lot plan of subdivision at 9250 Warden Avenue, be received;

 

And that the by-law to amend By-law 118-79, as amended, be enacted.  

CARRIED

 

 

 

2.         ROUGE PARK ALLIANCE, INVITING THE TOWN OF MARKHAM
            TO PROVIDE A MEMBER FOR THE STEERING COMMITTEE
            FOR THE MANAGEMENT PLAN FOR THE LITTLE ROUGE
            ECOLOGICAL CORRIDOR (10.0)

 

Committee supported the appointment of Lilli Duoba, Project Coordinator for Environmental Planning and Rouge Park, to the Steering Committee for the Management Plan for the Little Rouge Ecological Corridor. It was suggested that the Steering Committee report regularly to the Rouge Park Alliance in order to keep the Town’s political representatives involved.

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

 

That the correspondence dated March 31, 2005, from the Rouge Park Alliance, inviting the Town of Markham to provide a member for the Steering Committee to oversee the preparation and implementation of a Management Plan for the Little Rouge Ecological Corridor, be received;

 

And that Lilli Duoba, Town of Markham Project Coordinator for Environmental Planning and Rouge Park, be appointed as a member of the Rouge Park Alliance’s Steering Committee to oversee the Management Plan for the Little Rouge Ecological Corridor; 

 

And that it be recommended to the Steering Committee that regular updates be provided to the Rouge Park Alliance, in order to keep the Town’s political representatives involved.

 

CARRIED

 

3.         GEL-DON INVESTMENTS, DEEMING BY-LAW
           
9 VERCLAIRE GATE AND 20 TENBURY DRIVE
            BLOCK 78 AND 82, PLAN 65M-2497 (SU 04 010895) (10.6)
 Report   

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That Council enact a by-law to deem Block 78 and Block 82, Plan 65M-2497 not to be part of a registered plan of subdivision, and that staff take appropriate action as required under Section 50 of the Planning Act (File SU 04 010895).

CARRIED

 

 

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Other matters considered by the Development Services Committee on May 3, 2005:

 

 

4.         TREE BY-LAW UPDATE (2.21)

 

Staff reviewed the chronology of the Tree By-law project, initiated in 2001. At this time, two options are being presented and Committee is being asked to give staff direction.

 

Option 1: Scoped Approach – trees of 15 cm (6 inches) or greater in diameter

-         Limited to priority areas that have highest risk (Heritage Districts, Hamlets, Valleylands, vacant properties with anticipated or current development applications)

-         Could be first Phase of a future Town-wide approach

-         Balances private property rights with public interest

-         Means that trees on most private properties will not be protected

-         Also includes all trees identified for preservation through Subdivision or Site Plan approvals

 

Option 2: Town-Wide Approach – trees of 30 cm (12 inches) or greater in diameter in the

entire Urban Area, and trees of 15 cm (6 inches) or greater in Heritage Districts, Hamlets, etc.

-         Means that all trees meeting specified criteria will be protected on all private property

-         Public interest takes precedence over private rights

 

The next steps are for the Committee to provide direction to staff on the preferred approach, and for staff to consult with the Legal Department, Markham Conservation Committee, Heritage Markham and other relevant staff before finalizing the by-law.

 

Committee discussed invasive species that would not be protected, instances where permits would not be required, proposed fees, staffing, costs, and penalties. Concern was expressed for the balance of public interest over private rights. Committee supported an extensive education program and questioned the need for a town-wide tree inventory. It was suggested that an initial town-wide approach target only trees 12 inches in diameter, and that protection of 6 inch trees in certain areas be instigated in a future phase.

Comments included:

-         add policies to the Official Plan to protect vacant lands

-         develop a tree replacement policy

-         convey lands to the Town where possible to ensure protection

-         define “anticipated development”

-         include identification of other areas such as Cachet Estates, which is in a rural area.

-         although the approval process would be delegated to staff, the ward councillors should be notified of any tree removal applications

-         liability issues if the Town refuses removal of a tree

 

Committee agreed to present both options, emphasizing phasing and educational aspects at a Public Information Meeting, to get public input. The Town-wide option will be the initial presentation, followed by the scoped scenario. Committee directed that the presentation for the Public Information Meeting be previewed by Development Services Committee at a Part A session, and that prior to passing the By-law, a cost analysis for administration of the program be presented to the Committee.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor K. Usman

 

That the staff update regarding the Tree By-law be received;

 

And that both the Town-wide and scoped options be presented at a Public Information Meeting, with emphasis on education and phasing aspects;

 

And that the presentation for the Public Information Meeting be previewed by Development Services Committee at a Part A session.

CARRIED

 

 

 

5.         IBM SITE PLAN APPLICATION, 3600 STEELES AVE. EAST (10.6)

 

Staff gave a presentation on the elevations and site plan for the proposed addition to the IBM parking deck at 3600 Steeles Avenue. Staff advised that one level will be added to the 6-level structure, and also advised that staff is encouraging IBM to utilize Travel Demand Management initiatives, such as carpooling. A representative of IBM was in attendance to answer questions.

 

Moved by: Regional Councillor B. O’Donnell

Seconded by: Councillor J. Webster

 

That the staff presentation regarding the IBM Site Plan Application, File SC 05 010120 for an addition to the parking deck at 3600 Steeles Avenue East, be received.

CARRIED

 

 

6.         NATURAL ICE RINK PILOT PROJECT
            BAYVIEW LANE PARK
, THORNHILL (6.1)

 

Rob Chillingworth, Chair of the volunteer group involved in the Natural Ice Rink Pilot Project located at Bayview Lane Park in Thornhill, made a deputation of appreciation to the Ward Councillor and to Town staff for their assistance on this project.

 

Committee members added their recognition to staff.

 

Moved by: Regional Councillor J. Jones

Seconded by: Deputy Mayor F. Scarpitti

 

That the deputation by Rob Chillingworth, Chair of the volunteer group involved in the outdoor Ice Rink Pilot, in appreciation of assistance from the Ward Councillor and Town staff on this project, be received;

 

And that the following Town staff members be recognized for their assistance in the Natural Ice Rink Project: Jim Sales, Andy Taylor, Catherine Conrad, Peter Loukes, Barb Cribbett, Karen Boniface, James Bingham, Bill Dawson, Robert Findall, Doug Henderson, Paul Ingham, Mark Ingwersen, Jerry Klaus, Joel Lustig, Steve Matunin, Rod Norton, Russ Simpson, Jim Sowerby, Steve Squires, Lisa Valentini, and Bob Walter.

CARRIED

 

 

7.         MAIN STREET MARKHAM COMMITTEE MINUTES
            - April 20, 2005 (16.34)     
Minutes  

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the minutes of the Main Street Markham Committee meeting held April 20, 2005, be received for information.

CARRIED

 

 

8.         REPORT ON INCOMING PLANNING APPLICATIONS
            FOR THE PERIOD OF
MARCH 24, 2005 TO APRIL 8, 2005 (10.0)  Report       

 

It was noted that the location of the Peak Garden Development is east of McCowan Road, not west.

 

Moved by: Regional Councillor J. Heath

Seconded by: Councillor J. Virgilio

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of March 24, 2005 to April 8, 2005” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

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

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

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 May 3, 2005.

CARRIED

 

 

10.       BRAWLEY MANOR CORP., MATTAMY (ROBINSON CREEK) LTD.,
            WYNBERRY DEVELOPMENTS INC. AND AMBER PLAINS
            INVESTMENTS LTD., WISMER COMMONS COMMUNITY
            PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT
            (SU 02 115478 (19TM-02010), SU 03 113679(19TM-03008),
            SU 01 119048 (19TM-01020), SU 02 110218 (19TM-95042)) (10.5, 10.7)   Report

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That a Public Meeting be held to consider the applications submitted by Brawley Manor Corporation, Mattamy (Robinson Creek) Ltd., Wynberry Developments Inc., and Amber Plains Investments Ltd. for draft plan of subdivision approval and implementing zoning by-law amendments to permit residential plans of subdivision within the Wismer Commons community.

 

CARRIED

 

 

11.       GREENSBOROUGH # 2 PUBLIC ELEMENTARY SCHOOL
            281 WILLIAMSON ROAD, GREENSBOROUGH COMMUNITY
            APPLICATION FOR SITE PLAN APPROVAL (SC 05 009174) (10.6) Report

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

 

That the site plan application (SC 05 009174) by the York Region District School Board to permit a new elementary school at 281 Williamson Road be approved, subject to the following conditions:

 

1.                  That a variance be granted by the Committee of Adjustment to permit the proposed location of the garbage enclosure;

 

2.                  That the Owner give a written undertaking to the Town that it will construct the project in accordance with the approved plans;

 

3.                  That the Owner submit and receive approval for a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership;

 

4.                  That the owner satisfy Town Departments including all requirements of the Director of Engineering, the Fire Department, and the Waste Management Department;

 

5.                  That the undertaking provide for payment by the Owner of all applicable fees and recoveries, and submission of any required letters of credit to guarantee compliance with Town requirements;

 

6.                  That the site plan approval shall lapse after a period of three years commencing May 3, 2005 in the event an undertaking is not executed within that period.

CARRIED

 

 

12.       SARENA PROPERTIES LIMITED
            197 AND 199 LANGSTAFF ROAD EAST, THORNHILL
            TEMPORARY USE ZONING BY-LAW AMENDMENT TO
            PERMIT OPEN STORAGE OF VEHICLES (ZA 04 028777) (10.5)  
Report  

 

Max Sherman of Macroplan Limited, representing the applicant, Sarena Properties Limited, requested a deferral of this matter until June 7, 2005, to allow the applicant to consider information recently received, and to consult with neighbouring property owners.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Jones

 

That the deputation by Max Sherman of Macroplan Limited, representing the applicant, Sarena Properties Limited, requesting deferral of the application for Temporary Use Zoning By-law Amendment to permit the open storage of vehicles at 197 and 199 Langstaff Road East, File ZA 04-028777, be received;

 

And that the application for Temporary Use Zoning By-law Amendment submitted by Sarena Properties Ltd., be deferred to the Development Services Committee meeting of May 17, 2005, at the applicant’s request.

CARRIED

 

 

13.       YORK REGION, REQUIRED PROVINCIAL FUNDING,
            YORK REGION 30 YEAR INFRASTRUCTURE PROJECTS (13.4)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the report from York Region’s Commissioner of Planning and Development Services and Commissioner of Transportation and Works, dated April 6, 2005, regarding required provincial funding for York Region 30 year infrastructure projects, be received.

CARRIED

 

14.       YORK REGION, REQUIRED PROVINCIAL APPROVALS,
            YORK REGION 30 YEAR WATER AND WASTE WATER
            INFRASTRUCTURE PROJECTS (13.4)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the report from York Region’s Commissioner of Planning and Development Services and Commissioner of Transportation and Works, dated April 6, 2005, regarding required provincial approvals for York Region 30 year water and waste water infrastructure projects, be received.

 

CARRIED

 

 

15.       YORK REGION, COMMENTING ON THE DRAFT GROWTH
            PLAN FOR THE GREATER GOLDEN HORSESHOE, AND
            REQUESTING A COMMENTING DEADLINE EXTENSION (13.4)

           

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence from York Region, dated April 15, 2005, regarding the Planning and Economic Committee recommendation of April 6, 2005, with recommendations to the Province,  on the Draft Growth Plan for the Greater Golden Horseshoe, including a six-month extension of the commenting deadline, be received.

CARRIED

 

 

 

16.       MILT FARROW, BUTTONVILLE AIRPORT COMMUNITY
            COMMITTEE, REQUESTING NOTIFICATION ON TITLE (10.7)

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence dated April 19, 2005, from Milt Farrow, Chair of the Buttonville Airport Community Committee, requesting that notification about the Toronto Buttonville Municipal Airport be included on title in every new subdivision in the vicinity of the airport, be received and referred to staff.

CARRIED

 

 

 

 

 

 

17.       KRYSTYNA LESZCZYNSKI, 40 WOOTTEN WAY NORTH
            TREE REMOVAL AT ADDISCOTT COURT (2.21)

 

The Committee and staff expressed disappointment that the new purchaser had failed to uphold the understanding attained regarding a tree inventory and tree preservation plan. Staff will be including recommendations for plantings and compensation in the development report for this property.

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the correspondence dated April 23, 2005 from Krystyna Leszcynski, 40 Wootten Way North, regarding removal of the tree from the southern end of Addiscott Court, north of Highway 407 and east of Woodbine Avenue, be received.

CARRIED

 

 

18.       ROSLYN HOUSER, GOODMANS
            APPEAL OF ZONING APPLICATION BY WISMER MARKHAM
            DEVELOPMENTS INC, 9442 AND 9506 HIGHWY 48 (10.5)

 

Staff advised that the appeal involves two small properties, adjacent to the applicant’s other properties. The Town and applicant had discussed deferral of approval until elements of the Urban Design Study and Development Standards can be finalized and incorporated into the proposal. Staff are still in discussion with the applicant to resolve issues.

 

Committee requested an update at the next Part A of Development Services Committee meeting, and at that time, may consider advising the Ontario Municipal Board that the appeal is premature given the process being undertaken. Committee also considered expressing their disappointment to the landowner, in writing.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Heath

 

That the correspondence dated April 28, 2005 from Roslyn Houser of Goodmans, advising of their appeal to the OMB regarding the Town’s failure to make a decision on Wismer Markham Development Inc.’s applications to rezone 9442 and 9506 Highway 48 (ZA 03-113694, ZA 04-024270), be received.

CARRIED

 

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 1:40 p.m.

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