M I N U T E S

                                             DEVELOPMENT SERVICES COMMITTEE

2002-06-18

 

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

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

 

Attendance

Chair:  Councillor G. McKelvey Vice Chair, Community Character:             Regional Councillor T. Wong Vice Chair, Markham Centre:             Councillor D. Horchik Vice Chair, Economic Development:             Regional Councillor B. O'Donnell Members:             Mayor D. Cousens             Regional Councillor F. Scarpitti             Councillor S. Daurio             Councillor E. Shapero             Councillor J. Virgilio             Councillor J. Heath             Councillor K. Usman             Councillor A. Chiu

J. Livey, Chief Administrative Officer M.F. Turner, Commissioner of Development Services J. Baird, Acting Commissioner of Development Services J. Mascarin, Assistant Town Solicitor A. Brown, Director of Engineering V. Shuttleworth, Acting Director of Planning D. Clark, Town Architect T. Lambe, Manager, Policy and Research P. Watts, Manager, Development Engineering J. Bosomworth, Senior Project Coordinator S. Heaslip, Senior Project Coordinator B. Karumanchery, Senior Project Coordinator L. Wheeler, Senior Planner 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 J. Virgilio disclosed an interest with respect to item # 1, the Town transfer of utility easements to Rogers Cable, by nature of his son being employed by Rogers, 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 # 5, the proposed plan of condominium, File CU.02-102455 submitted by Avenue Homes, by nature of representing the owner, Avenue Homes, 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 # 34 the Unionville Subcommittee minutes regarding 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 # 34 the Unionville Subcommittee minutes regarding 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.

 

 

1.         TOWN TRANSFER OF UTILITY EASEMENTS TO ROGERS CABLE
AMBER PLAINS SUBDIVISION, PHASE I (10.0)

 

Councillor J. Virgilio disclosed an interest with respect to the Town transfer of utility easements to Rogers Cable, by nature of his son being employed by Rogers, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Committee noted one structure in proposed within the buffer in Block 4, adjacent to the valley lands. Staff  were directed to provide clarification of Block 4 being a remnant parcel, and if not, to work with the applicant for alternate arrangements, prior to the Council meeting scheduled for June 25, 2002.

 

RECOMMENDATION:

 

That staff provide clarification of Block 4 being a remnant parcel, and if not, to work with the applicant for alternate arrangements, prior to the Council meeting scheduled for June 25, 2002;

 

And that the following recommendation be deferred to the Council meeting scheduled for June 25, 2002:

"That a by-law be enacted authorizing the Mayor and Clerk to execute Transfers of Easement to Rogers Cable over lands described as follows, in a form satisfactory to the Town Solicitor:

1.    Over part of Block 2, Plan 65M-3488, designated as Part 1 Plan 65R-(to be
registered)

     2.    Over part of Block 4, Plan 65M-3488, designated as Part 2, Plan 65R-(to be

registered)"

 

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

*               Amended by Council at its meeting held June 25, 2002, to add the following:

 

"And that the memorandum dated June 25, 2002 from the Director of Engineering confirming that the easement proposed for the installation of pedestal units - Block 4 in the Amber Plains, Phase 1 subdivision - is within a remnant parcel of land and is an acceptable location for this type of unit, be received;

 

And that the pedestal be placed in the right-of-way not in the buffer and screened, if possible."

 

 

 

 

 

 

 

 

2.         PAM GREY HOLDINGS LTD., TEAM GREENSBOROUGH JV INC.,
KARVON ENTERPRISES LTD., AND GREENSBOROUGH TOWN CENTRE LTD., REQUEST FOR STREET NAMES APPROVAL (SUB 95-008) (10.14)

 

RECOMMENDATION:

 

That the following street names be approved for use in plan of subdivision 19T-95011 (Pam Grey Holdings Limited):

 

Anjac Crescent                         Outerbrook Road

Cathmar Drive              Pamgrey Road

Gracewell Road                        Peterkin Road

Jenmat Drive                            Rachett Road

Maybole Road                         Saltspring Drive

Neeley Road                            Stalmaster Road

                                                Harry Cook Road (veteran’s name)

 

Extensions from adjacent plans (previously approved):

 

Balmano Road

Bur Oak Avenue

Cornerstone Road

Northside Road

Osmond Appleton Road (veteran’s name)

Saffron Street

Swan Park Road

William Grant Road (Region of York police officer – died in the line of duty)

Williamson Road

 

And that the street name signs for Osmond Appleton Road and Harry Cook Road include a poppy to identify them as veteran’s names and that the street name signs for William Grant Road include the Region of York Police crest to identify it as a police officer’s name;

 

And that the following street names be approved for use in plan of subdivision 19TM-20006 (Team Greensborough JV Inc.):

 

Chancery Road            Taurasi Court

 

Extension from adjacent plan (previously approved):

 

Darrington Drive

 

And that the following street names be approved for use in plan of subdivision 19T-95004 and 19T-95005 (Karvon Enterprises Limited):

 

Autumnglen Road                     Maple Ridge Crescent

Forest Valley Road                   Willow Trail Road

 

And that the following street names be approved for use in plan of subdivision 19TM-20005 (Greensborough Town Centre Limited):

 

Delray Drive                             Greensborough Village Circle

Chancery Road

 

Extensions from adjacent plans (previously approved):

 

Bur Oak Avenue                      Orchard View Road

 

 

3.         THE JONATHON GOWLAND HOUSE, 9486 MCCOWAN ROAD
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT(16.11.3)

 

RECOMMENDATION:

 

That Heritage Markham's recommendation to designate the Jonathon Gowland House, 9486 McCowan Road, under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

-  publish and serve Council's Notice of Intention to Designate as per the requirements of the Act; and

- prepare the Designation by-law for this property.

 

 

4.         BUR OAK AVENUE - EAST DEVELOPMENT DISTRICT (10.14, 10.7)

 

RECOMMENDATION:

 

That a by-law to change the name of a portion of Anderson Avenue to Bur Oak Avenue be considered by Council at its meeting on September 3, 2002 and that notice be given in the Markham Economist and Sun for four successive weeks of Council’s intent;

 

And that a by-law to establish Block M, Plan M-1793 as part of the public highways of the Town with the name Bur Oak Avenue also be considered by Council at its meeting on September 3, 2002;

 

And that a by-law to establish Parts 3 & 5, Plan 65R-21662 as part of the public highways of the Town with the names Bur Oak Avenue and White’s Hill Avenue respectively be considered by Council at its meeting on June 25, 2002.

 

 

5.         AVENUE HOMES, NORTH SIDE OF FRED VARLEY DRIVE
            WEST OF MAIN STREET UNIONVILLE
            PLAN OF CONDOMINIUM APPLICATION (CU.02-102455) (10.20)

 

Councillor J. Virgilio disclosed an interest with respect to the proposed plan of condominium, File CU.02-102455 submitted by Avenue Homes, by nature of representing the owner, Avenue Homes, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

RECOMMENDATION:

 

That draft plan of condominium application CU.02-102455 submitted by Avenue Homes (19CDM-20022), identified as Project Number F8635, be draft approved, subject to the following conditions:

 

1. Approval shall relate to a draft plan of condominium prepared by Fliess Gates McGowan Easton Architects, dated February 1998;

2.      That all provisions of the site plan agreement dated September 9, 1998, between the Owner and the Town be fulfilled to the satisfaction of the Town;

 

3. That the Owner enter into a condominium agreement, if required by the Town;

 

4. That the Town of Markham receive and accept the following certificates prior to registration of the condominium:

 

a)   That prior to release for registration, the applicant shall submit to the Town for review and approval, the condominium description and declaration which shall ensure, among other matters that each unit has exclusive use for parking purposes, over the driveway portion of the common element leading directly to the unit and that the condominium corporation has assumed property ownership and maintenance of all common elements;

 

a)      A certificate from the Owner’s architect stating all buildings have been substantially completed in accordance with the plans contained in the site plan agreement with the Town dated September 9, 1998 and in accordance with the Building Code;

 

b)      A certificate from the Owner’s surveyor stating all buildings are substantially completed and have been located on the ground in accordance with the requirements of the applicable Zoning By-law and the plans and conditions in the site plan agreement;

 

c)      A certificate from the Owner’s engineer stating that all on site works including, but not limited to grading, drainage, above and below ground services, asphalt paving and demarcation of parking spaces have been substantially completed in accordance with the plans and conditions in said site plan agreement;

 

d)      A certificate from the Owner’s landscape architect stating that all landscaping has been installed and completed in accordance with the landscape plans and conditions in the said site plan agreement;

 

5.      That prior to final plan approval the Owner submit the condominium declaration to the Town for review;

 

6.      That appropriate easements or similar instruments be granted to the condominium corporation allowing access to the main private roads leading to the public road system;

 

7.      Payment of outstanding taxes owing to the Town of Markham;

 

8.      Payment of any outstanding local improvement charges owing against the subject lands;

 

9.   That prior to final approval the Owner shall arrange inspections of the on-site works with the Engineering and Planning and Urban Design Departments, and shall rectify any deficiencies relative to the approved plans and specifications, to the satisfaction of the Director of Engineering and the Manager of Urban Design.

 

 

6.         WISMER COMMONS INTERIM SANITARY SERVICING (5.5)

 

RECOMMENDATION:

 

That the Engineering Department June 18, 2002 report entitled “Wismer Commons Interim Sanitary Servicing” be received;

 

And that the Mayor and Clerk be authorized to execute an amendment to the May 10, 1999 agreement executed between the Town and the Trustee of the Wismer Commons Developers Group Inc., to the satisfaction of the Chief Administrative Officer and the Town Solicitor, for the provision of a temporary storage facility to provide interim sanitary servicing.

 

 

7.         ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL SUBDIVISIONS
(REGISTERED PLAN NUMBERS 65M-3191, 65M-3246 AND 65M-3101) (10.7)

 

RECOMMENDATION:

 

That the services in Subdivision, Registered Plan Numbers 65M-3191, 65M-3246 and 65M-3101 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 Traffic By-law # 105-71, by including a maximum speed of 40 kilometers per hour to the streets indicated, be approved;

 

And that the bylaw to amend Schedule 1 of the Parking By-law #336-88, by including no parking on the streets indicated, be approved;

 

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

 

 

8.         ASSUMPTION OF PLANS OF SUBDIVISION, (REGISTERED PLAN
NUMBERS 65M-2242, 65M-2410, 65M-2436, 65M-2450, 65M-2466, 65M-2468,
65M-2478, 65M-2739, 65M-2769, 65M-2994, M-1915, 65M-2230) (10.7) 

 

RECOMMENDATION:

 

Whereas by Memorandum dated May 15, 2002, the Director of Engineering advises that the guarantee periods for Registered Plans 65M-2242, 65M-2410, 65M-2436, 65M-2450, 65M-2466, 65M-2468, 65M-2478, 65M-2739, 65M-2769, 65M-2994, M-1915 and 65M-2230 have expired and all securities have been returned to the owners;

 

Now therefore be it resolved

 

That the services in the following subdivisions be accepted:

 

Lady Slipper Investments Limited                                              65M-2242

562207 Ontario Limited                                                           65M-2410

Alexandris Investments Limited                                                 65M-2436

650543 Ontario Limited                                                           65M-2450

Cougs Investments Limited                                                       65M-2466

V.V. DeMarco Properties Limited                                            65M-2468

Paracon Guaranty Inc.                                                              65M-2478

664948 Ontario Limited                                                           65M-2739

Ski Holdings Inc.                                                                      65M-2769

Invar Holdings Limited                                                              65M-2994

Cedarland Properties Limited                                                    M-1915

Cedarland Properties Limited                                                    65M-2230

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements;

 

And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.

 

 

9.         EMPLOYMENT LANDS LAND USE STUDIES
            TERMS OF REFERENCE AND BUDGET PROPOSALS (10.8)

 

Discussions included the May 14, 2002 directive from Council that this matter proceed subject to concurrence by the Region of York that the Woodbine Avenue By-pass can and will be delivered.

 

The Committee directed the Terms of Reference be amended as follows:

- Part I, Section 6.0, to increase and clarify the number of open houses that will be held;

- Part II, Section 2.0, to delete reference to "Woodbine Avenue" in the 5^th bullet.

Staff advised there may be an increased cost involved in holding additional public meetings.

 

RECOMMENDATION:

 

That the staff report entitled “Terms of Reference and Budget Proposals for Employment Land Land Use Studies”, dated June 18 2002 be received;

 

And that the Study Terms of Reference attached to the report be approved as the basis for preparation of the consultant work programs to be incorporated into the consultant contracts, subject to two amendments to, the Terms of Reference,  as follows:

- Part I, Section 6.0, to increase and clarify the number of open houses that will be held;

- Part II, Section 2.0, to delete reference to "Woodbine Avenue" in the 5^th bullet;

 

And that the budget for the Highway 404 North Land Use Study be approved to a maximum of $236,000.00 inclusive of GST calculated at 3%;

 

And that the budget for the Highway 407/Rodick Road Land Use Study be approved to a maximum of $223,000.00, inclusive of GST calculated at 3%;

 

And that two new capital projects be established titled “Highway 404 North Land Use Study” and “Highway 407/Rodick Road Land Use Study” in the amount of $236,000.00 and $223,000.00, respectively (total $459,000.00), with $437,849.00 being funded from the three inactivated Employment Lands Technical Study projects, 080 5399 3502 005, 080 5399 3508 005, and 080 5399 3509 005 and the balance of  $21,151.00 being funded from capital project 080 5399 007 005, Vision 2000 Part I;

 

And that the consultant teams identified in the staff report, led by Meridian Planning Consultants Inc., be retained to undertake the two land use studies;

 

And further that the Mayor and Clerk be authorized to execute standard consulting contracts for the land use studies.

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*               Amended by Council at its meeting held June 25, 2002, to add the following:

 

And that the revised Terms of Reference of the Transportation Plan component and the Work Programme and Schedule for the Employment Lands Land Use Studies forwarded in a memorandum dated June 21, 2002 from the Manager, Policy & Research Division, be approved.

 

10.       BOX GROVE SECONDARY PLAN (10.4)

 

The Committee had before it, correspondence from:

1.         Tom Farrar, Chair of the Box Grove Ratepayers Association, in support of the Box Grove Secondary Plan;

2.         REVISED Memorandum of Understanding, dated June 13, 2002;

3.         Catherine L. Rose, City of Pickering, with comments

4.         Beth Garlock, Unionville, in opposition

5.         Anil Varma, in opposition

6.         Edward Yaghledjian, in opposition

7.         Herman S. Dyal, in opposition

8.         Harry Leslie, 11 Grandview Blvd., in opposition

9.         J. Paul Morrison, in opposition

10.       Jocelyne de La Fontaine, in opposition

11.       Shane Thompson , in opposition

 

Staff reviewed the long history of the Box Grove Secondary Plan, and the two outstanding issues that have now been resolved: the Memorandum of Understanding and the relocation of the cemetery. The MOU was provided for the Committee, and staff advised confirmation of completion of the cemetery issue will be provided at the Council meeting scheduled for June 25, 2002.

 

The Ward Councillor advised he had provided written notice to all interested parties of today's Committee meeting, the Council meeting of June 25, 2002, and a Public Information meeting scheduled for Thursday, June 20, at 7:00 p.m. in the Council Chambers. Other Committee members were invited to attend the Public Information meeting.

 

Mr. Grant Fedorak, 6805 14^th Avenue, stated that his concerns appear to have been alleviated, and that he will be pleased to have municipal water supplied.

 

Mr. Glenn De Baeremaeker, representing Save the Rouge Valley System, stated his objection to further urban expansion, and to the lack of protection of ecological criteria. He expressed concerns for formaldehyde contamination from the cemetery, for the number of roads crossing the tributaries, and for reduction of open space areas.

 

Mr. David Donnelly, 161 Hastings Avenue, Toronto, Legal Director of Environmental Defence Canada, was in attendance to state his objections regarding: urban expansion; the threat to ground water quality; buffer and stable top of bank issues; and that the development may interfere with the preferred route of the proposed By-pass.

 

Mr. Myron Pestaluky of Delta Urban Inc., on behalf of the Box Grove Landowner Group, summarized that there have been numerous public and ratepayers meetings. The landowners have been diligent in addressing the issues, and there are still many studies to be completed yet.

 

Committee considered that the Box Grove Secondary Plan has been a long work in progress.  The benefits of 9^th Line diversion, Markham By-pass, and the municipal water supply were discussed. Concerns were expressed by the Committee regarding the changing eastern urban boundary, the increase in traffic to the area, and that the water supply for existing residents  should not depend on development of Box Grove.

Staff clarified the proposal includes a total of 66 hectares of open space, which is above the normal standards. The Committee directed that the issue of formaldehyde contamination be addressed prior to the Council meeting on June 25, 2002.

 

RECOMMENDATION:

 

That the revised Memorandum of Understanding dated June 13, 2002, and correspondence  from: Tom Farrar, Chair of the Box Grove Ratepayers Association; Catherine L. Rose, City of Pickering; Beth Garlock; Anil Varma; Edward Yaghledjian; Herman S. Dyal; Harry Leslie; J. Paul Morrison; Jocelyne de La Fontaine; and, Shane Thompson, be received;

 

And that staff provide clarification regarding formaldehyde contamination at the Council meeting scheduled for June 25, 2002;

 

And that the Chief Administrative Officer be authorized to execute a Memorandum of Understanding on behalf of the Town of Markham, subject to the Chief Administrative Officer and the Town Solicitor being satisfied as to the final form and content of the MOU, including the following specific revisions:

 

i)                    revising the target date for Phase 2 water allocation to December 31, 2004 (subject to Regional allocation to the Town),

 

ii)                   to include specific reference that the timing of the Town Arterial Road (possible Markham By-pass) through Box Grove is to be linked to the timing of completion of the By-pass Link bridge and ramp to and over Highway 407, and confirming the longstanding commitment by the landowners group to construct the road over non-participating owner’s lands at no cost to the Town, subject to the Town acquiring the lands if required, with any such land acquisition to be financed through Development Charges;  

 

And that the Official Plan Amendment incorporating a Secondary Plan for the Box Grove Area be approved and adopted without further notice;

 

And that the Mayor and the Clerk be authorized to sign the Official Plan Amendment incorporating a Secondary Plan for the Box Grove Area once the CAO has executed the MOU and the Town has received confirmation from the Ministry of Municipal Affairs and Housing that the Minister’s Zoning Order permitting the cemetery use within the secondary plan area has been revoked; 

 

And that Town staff be directed to initiate a process, in consultation with the Region of York, to ensure the timely delivery of the 9^th Line Realignment and the Town Arterial Road (possible Markham By-pass) through the Box Grove Secondary Plan area, including close monitoring of road network delivery through the approvals process in accordance with the MOU, and to initiate any necessary actions to ensure land acquisition, road dedication, design and construction to the satisfaction of Markham Council.  Staff shall report back to Council as soon as possible if it is determined that expropriation action and/or front ending arrangements will be required to achieve road network delivery in accordance with the timelines outlined in the MOU;

 

And further that York Region be requested to:

 

            1.      Approve the Town of Markham Official Plan Amendment incorporating a Secondary Plan for the Box Grove Area;

 

            2.      concurrently initiate and approve an amendment to the York Region Official Plan to facilitate approval of the Town’s amendment;

*

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

*               Amended by Council at its meeting held June 25, 2002, to add the following:

 

            3.      advance the completion of the 9th Line/Highway 407 interchange to coincide with the 9th Line interchange.

 

And that the memorandum from the Acting Commissioner of Development Services forwarding comments from the Rouge Alliance regarding formaldehyde contamination issues in connection with the cemetery use within the Box Grove Secondary Plan indicating  that cemeteries are not a significant source of ground water contamination by formaldehyde, be received;

 

And that staff be directed to site the stormwater ponds within the tablelands for the consideration of Council at the community design plan stage.

 

 

11.       MARKHAM CENTRE - FINANCIAL STRATEGIES STUDY
            AND PARKING AUTHORITY STUDY (10.8.1)

 

RECOMMENDATION:

 

That the Planning Department report entitled “Financial Strategies Study and Parking Authority Study Markham Centre”, dated June 18, 2002, be received and endorsed;

 

And that staff be authorized to carry out the actions outlined in the report to retain consultants to complete the Financial Strategies and Parking Authority studies, commencing in the summer of 2002;

 

And further that, all consulting fees be paid from the 2002 Capital Budget for Markham Centre. (Markham Centre Enterprise Study-Account # 86-5399-4718-005), which contains $113,000.00;

 

And that Councillor Virgilio and any other interested Council members be involved in the consultant selection process.

 

 

 

12.       POLICY FOR THE INSTALLATION OF
TELECOMMUNICATIONS FACILITIES (10.0)

 

Staff reviewed the proposed final Policy for Telecommunications Facilities, to replace the interim policy established on July 10, 2001.

Mr. Stephen D'Agostino, representing Rogers Wireless Inc., Bell Mobility, and Telus Mobility, outlined the carriers responsibilities. He advised that Markham is a commenting agency only, and that issuing licenses is a Federal jurisdiction (Industry Canada). Mr. D'Agostino reviewed the industry's site acquisition criteria and land use considerations, and explained the Safety Code 6 standards.

 

Committee requested the carriers provide radiation contour information, and that Ward Councillors be informed at the time of application, so that residents can be advised. Mr. D'Agostino advised that due to the short lead time, forecast information regarding proposed sites can only be provided 9 to 12 months in advance.

 

Committee noted the existing tower at the north east corner of Major Mackenzie Drive and Kennedy Road is due for renewal, and should be replaced with the new tower style. Staff was directed to review the conditions attached to approval, and will provide information to the Committee members. 

 

Mr. John O'Gorman, 29 Grandview Avenue, was in general agreement with the proposed policy for installation of telecommunications facilities, but noted a technical error in the draft policy. The Committee directed that a correction be made.

 

RECOMMENDATION:

 

That the proposed policy for the Installation of Telecommunication Facilities in the Town of Markham, be approved, subject to the first bullet under "Exemptions to Municipal Review" on Page 4, being amended to read:

" the proposed height does not exceed the originally approved height by more than 10%;"

 

And that staff review the policy in one year’s time and report back to Committee regarding any issues arising from this review;

 

And that The Region of York, all York Region Municipalities and Industry Canada be forwarded a copy of the approved policy.  *

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

*               Amended by Council at its meeting held June 25, 2002, to read as follows:

 

"And that The Region of York, all York Region Municipalities, Industry Canada, the Federation of Canadian Municipalities (FCM), and the Association of Municipalities of Ontario (AMO) be forwarded a copy of the approved policy."

 

 

 

 

13.       STREAMLINING OF DEVELOPMENT APPROVAL PROCESSES
INCLUDING DELEGATION OF DEVELOPMENT APPROVAL AUTHORITY
(10.0) 

 

Staff reviewed proposed streamlining initiatives, as the first of a number of reports under the Core Services Project for "Development Applications Review and Approval Process". The proposal involves delegating authority for 6 development procedures to staff, and 5 process improvements. The Committee would be provided with a monthly reporting of incoming applications, with "bump-up" options, and a standardized report of delegated approvals. Staff explained the "Hold" provision on standard residential subdivisions is often redundant, and can be eliminated.

 

Committee supported efforts at streamlining, and stated the success of these initiatives will be in staff communicating to Council to keep them informed.

 

The Committee directed that the recommendations be implemented for a 6 month trial period, but that staff proceed with the request to the Ministry of Municipal Affairs for an amendment to the Planning Act, to allow part lot control exemption authority to staff. Delegation of street naming approval was withdrawn.

 

RECOMMENDATION:

 

That the following development approval process improvements outlined in this report be endorsed and put into effect immediately for a trial period of 6 months:

-     Delegation of extension of draft plan approval and minor revision to draft plan approval authority to the Director of Planning and Urban Design;

-     Delegation of additional site plan approval authority to the Director of Planning and Urban Design;

-     Delegation of draft plan of condominium approval authority to the Director of Planning and Urban Design;

-     Three Stream preliminary reporting process (i.e. currently “Report to call a Public Meeting”);

-     Regular reporting on incoming applications, with a “bump-up” processing option;

-     Elimination of appeal of street address change requests to Committee; and

-     No longer include Hold provisions on standard residential draft plan of subdivision approvals;

 

And that staff be directed to prepare the appropriate development approval delegation by-law(s) for enactment by Council;

 

And that staff be directed to write to the Ministry of Municipal Affairs and Housing requesting that provisions be included in the next amendment to the Planning Act, to allow the delegation of part Lot control Exemption Authority to staff.  *

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*               Amended by Council at its meeting held June 25, 2002, to add the following:

 

"And that staff bring forward a report to a Development Services Committee meeting in the Fall of 2002 regarding a policy for appeals of street address change requests to Committee."

 

14.       CONSTRADA AGGREGATE RECYCLING FACILITY
350 YORKTECH DRIVE, ZONING AMENDMENT AND SITE PLAN APPROVAL APPLICATIONS (ZA 01-104767, SC 01-104830) (10.5, 10.6)

 

The Committee received:

- Addendum dated June 18, 2002, to the Constrada Aggregate Recycling Facility Report, dated June 4, 2002; and 

- 86 submissions and petitions in opposition to the recycling facility proposed by Constrada

 

Staff reviewed that this proposal had been deferred from the Committee meeting held June 4, 2002, to allow Committee members to visit similar sites. As a result of the visits and further discussions, the addendum report contains 6 additional recommendations for conditions regarding maintenance of the public roads, truck-traffic monitoring program, restriction of stockpile heights, restriction of equipment height, queuing of trucks on site, and prohibiting trucks from stopping on portions of Yorktech and Rodick Road. 

 

Ms. Mei Tong, 27 Cranleigh Drive, expressed concern for air and water pollution, truck traffic, safety issues, noise, dust, and effects on IBM interests. Staff advised IBM has indicated it is satisfied with the proposal.

 

Ms. Winnifred Eng, 99 Braeside Square, was opposed to 6 years of hazards, noise, dust, and traffic.

 

Ms. Patricia Xavier Lau, 59 Calderbridge Crescent, spoke in objection on behalf of an exercise group and some shopkeepers from First Markham Place.  Ms. Lau stated that 800 households are opposed to the proposal, and she stated her opinion that this proposal is contrary to Smart Growth objectives of environment and community enhancement.

 

Ms. Joan Dougal, 36 Blackwell Court, stated her concerns for truck traffic and noise.

 

Mr. Jim Johnston, 225 Hollingham Road, stated his concern for odours, dust, noise, truck traffic, and hazardous PAH chemicals associated with asphalt plants, and requested the operation be relocated elsewhere.

 

Mr. Jim Phimister of Barenco Inc. Environmental Engineers was in attendance representing the applicant. Mr. Phimister advised he has 30 years experience in the contamination field. He stated this proposal is for asphalt recycling and crushing, not processing, and it is a dry and cold operation, with no fires or smokestacks. PAH is only a potential from a hot facility. He stated that there will be no emissions from this facility besides dust, which can be controlled by water treatment and stormwater pond systems. The dust is not soluble, and will not run-off, but will settle into a silty sludge that can be removed from the site. The clear top water in the ponds will run off through the normal stormwater management process. Committee questioned the "release in quantities" of emissions referred to in the peer review report, and Mr. Phimister responded that in science, there is no absolute zero, but there will be no measurable release from this facility. He also advised that noise levels will be equivalent to an excavator, and there will be no odours. 

 

 

Staff advised conditions can be included to deal with removal of the sludge from the property. Committee directed that copies of the peer review report and relevant letters be provided to the members, providing confirmation that run-off into the storm water system will not contain any contaminants.

 

Staff stated that the traffic studies have been peer reviewed, and that the primary truck routes will be 407-Woodbine Avenue-Yorktech Drive. Site plan, development agreements, and signage will be used to restrict truck routes. Rodick Road serves an industrial area and is built for truck traffic, but it can be restricted from Rodick Road for this operation, if required.

 

In response to comments regarding inadequate notice regarding this proposal, staff confirmed that notice had been provided beyond statutory requirements, and additional information meetings had been organized by the Ward Councillor.

 

Ms. Joanne Barnett of the Kerble Group, representing the applicant, stated that the cumulative time frame of the operation will be approximately 3 months of the year, depending on construction demands.

 

Committee reviewed the long-term benefits to the town with respect to extension of Rodick Road, rehabilitation of the site, and liabilities from not cleaning it up. Concerns were discussed with respect to whether monitoring will be adequate to protect residents and the environment,  contaminated soil being moved around the site rather than removed, the monitoring of Beaver Creek should include a "remediation" requirement, the social effects of the operation, whether this use is appropriate for even the short term, and whether the applicant needs the temporary use to finance the clean-up. Staff clarified all the contaminated soils will be moved to one portion of the property.

 

Concern was expressed that the applicant would attempt to extend the temporary use beyond 6 years. Controlling mechanisms were reviewed, such as the owner and tenant signing the site plan agreement, and agreeing not to initiate any application or legal action to extend beyond 6 years. All discussions and a strong paper trail demonstrate the applicant's acceptance of a 6 year limit, however, it cannot be guaranteed. The extension beyond the first three year term could be denied by Council if problems arise. Committee directed that the Town Solicitor advise the Committee  regarding improvements that can be made to the mechanisms to ensure the use will not extend beyond 6 years. The Committee requested the applicant and agent for Constrada Aggregates attend Council on June 25, 2002, to give personal assurances on this issue.

 

A motion to deny was lost.

 

A motion to provide a full financial review was lost.

 

Two amendments to the recommendation were added, regarding truck access from Highway 7, and removal of sludge from the site.  

 

 

 

 

RECOMMENDATION:

 

That the submissions and petitions in objection to the recycling facility proposed by Constrada Aggregates at 350 Yorktech Drive, be received from:

1.         Tiiu Chorowiec, 44 Coledale Road, Markham, petition with 70 signatures

2.         Petition with 24 signatures

3.         Petition with 17 signatures

4.         Petition with 2 signatures

5.         Petition with 2 signatures

6.         Alex Sikorski, 10 Hughson Drive

7.         Karen Unruh, 45 Loweswater Avenue

8.         Wayne Unruh, 45 Loweswater Avenue

9.         K. Chan, 71 Coledale Road

10.       S.W. Leung, 63 Coledale Road

11.       Lou and Anna Parente, 47 Loweswater Avenue

12.       Jim Fung, 53 Hollingham Road, Markham

13.       Resident of 41 Loweswater Avenue

14.       Resident of 43 Loweswater Avenue

15.       Resident of 44 Loweswater Avenue

16.       Resident of 84 Coledale Road

17.       Resident of 26 Melchior Crescent

18.       L.K. Leung, 18 St. Moritz Way, Unit 3A

19.       Kalee Chan, 88 Coledale Road

20.       Mex U, 20 Staffordshire Lane

21.       Jennifer Wong, 128 Golden Tulip Crescent

22.       Erick Kwong, 31 Nadine Cresent

23.       Sue Konecsani, 34 Wrenwood Court

24.       Tom Taggio, 26 Westmoreland Court

25.       Donna Young, 229 Hollingham Road

26.       Alva Chan, 42 Lancashire Road

27.       C.K. Lai, 3 Holbrook Court

28.       Honming Wong, 6 Holbrook Court

29.       Ben Cheung, 32 Brittany Crescent

30.       Ruby Kong and Harry Wong, 35 Conistan Road

31.       Diana Moros, 62 Conistan Road

32.       Mesta Stoyan, 6 Danbury Court

33.       Elsie Karulas, 9 Lockridge Avenue

34.       Polly Tang, 68 Cornell Crescent

35.       Tony Cheuk, 7 Clencove Drive

36.       Peter Li, 2 Cox Blvd., Unit 5

37.       Wendy Chzu, 5 Glencove Drive

38.       Dennis Yik, 9 Glencove Drive

39.       Arnad Le, 67 Maple Park Way

40.       Paul Ho So-Mo, 107 Foresters Crescent

41.       Billy Kwong, 1 Glencove Drive

42.       Voula and Phillip Kardaras, 11 Glencove Drive

43.       B. Prashad, K. Prashaad, R. Prashad, S. Prashad, I Ullah, 55 Coledale Road

44.       Patrick Nam, 42 Fairholme Drive

45.       H. Chu, 82 Spring Blossom Crescent

46.       Cheung Yin Ping, 17 Greystone Road

47.       W.Y. Leung, 6 Radcliffe Road

48.       Effie Xin and Stone Young, 8 St. Moritz Way, Unit 2

49.       Neil Simone, 9 Emily Carr Street

50.       John So, 14 Halstead Drive

51.       Edward Li, 20 Fenwick Crescent

52.       Felix Lee, 14 MacPhail Court

53.       Wendy Law, 93 Spring Blossom Crescent

54.       Joseph Ho, 18 Montrose Crescent

55.       Charles J. Jiang, 18 McPhail Court

56.       M. Lee, 50 Fenwick Crescent

57.       Kenny Chum, 17 Corby Road

58.       Stella Chan, 59 Coledale Road

59.       Wendy Ng, 48 Vasselle Crescent

60.       Woun-Ting Yau, 89 Spring Blossom Crescent

61.       Jennifer Fang, 10 Brooklyn Crescent

62.       resident, 84 Fawnbrook Circle

63.       resident, 84 Spring Blossom Crescent

64.       resident, 8 Glencove Drive

65.       resident, 88 Spring Blossom Court

66.       resident, 93 Spring Blossom Court

67.       resident, 22 Jimston Drive

68.       resident, 43 Buchanan Drive

69.       resident at 9 Cranleigh Drive

70.       resident at First Markham Place, Units 125 & 133

71.       resident at 17 Radcliffe Road

72.       resident at 93 Captain Francis Drive

73.       resident at 18 Vasselle Crescent

74.       resident at 16 Wentworth Court

75.       resident at 169 Adrian Crescent

76.       resident at 100 Coledale Road

77.       resident at 36 Duborg Drive

78.       petition with 17 signatures

79.       petition with 87 signatures

80.       petition with 57 signatures

81.       petition with 13 signatures

82.       petition with 9 signatures

83.       petition with 9 signatures

84.       petition with 12 signatures

85.       petition with 19 signatures

86.       petition with 20 signatures

 

And that the Addendum dated June 18, 2002, to the Constrada Aggregate Recycling Facility Report, dated June 4, 2002, be received;

 

And that the staff report entitled “ConStrada Aggregate Recycling Facility, applications for Zoning Amendment and Site Plan approval, 350 Yorktech Drive (Concession 4, Lot 9, Plan 65R-22981),” dated June 4, 2002, be received;

 

And that the record of the Public Meeting held on February 5, 2002 with respect to the zoning amendment application be received;

 

And that provisions be added to prohibit truck access (ingress and egress) to the Constrada

Aggregate site from Highway 7;

 

And that staff be directed to address the issue of sludge removal from the site, and if necessary, include additional conditions;

 

And that a temporary use by-law to permit an aggregate recycling facility for a three (3) year period, be enacted without further notice with a Holding provision (H), to be removed following execution of a Site Plan Agreement;

 

And that a by-law to amend Schedule 3 of By-law 336-88, by including a ‘No Stopping Anytime’ restriction on the east and west sides of Rodick Road from Yorktech Drive to 100 metres north of Fairburn Drive, be approved;

 

And that site plan approval for an aggregate recycling facility be granted subject to the following conditions:

 

1.      That the site plan, grading and servicing plan, landscape plan, sections and elevations be revised and approved subject to internal site circulation improvements, enhanced landscaping along the lot line and berms, and fencing requirements to the satisfaction of the Commissioner of Development Services;

 

2.      That the owner enter into a Site Plan Agreement with the Town, agreeing to satisfy all conditions of the Town and agencies, financial and otherwise, and containing all standard provisions and requirements of the Town, including;

 

a.       That the owner and applicant covenant and agree in the Site Plan Agreement to not initiate any applications, transactions or legal action that would seek to permit the recycling facility as a temporary use beyond the proposed maximum six (6) year period (subject to approval of a future temporary use zoning application, to be granted or denied at the discretion of the Town, for the possible extension beyond the current 3 year period to a maximum total period not to exceed 6 years), nor to seek permission for the use as a permanent use;

 

b.      That the Site Plan Agreement contain provisions for payment by the owner of any applicable processing fees, letters of credit, recovery costs, development charges, and cash in lieu of parkland dedication;

 

c.       That the owner covenants and agrees in the Site Plan Agreement that the detailed design and construction of all landscaping shall be at no cost to the Town and in accordance with the provisions of the approved landscape plans;

 

d.      That the Landscape Plans and applicable sections and elevations are to be prepared by a qualified landscape architect to the satisfaction of the Town.  The owner shall incorporate the requirements and criteria of the Town of Markham Urban Design Department into the approved site plan and Site Plan Agreement;

 

e.       That the temporary use by-law be revised to restrict stockpile heights to the combined height of the berm and fence or a maximum height of 7 metres, whichever is lesser.

 

f.        That the height of the machinery shall be restricted to 1 metre above the stockpile height, and the location of the crushing machinery shall be restricted to the southeast corner of the property, behind the stockpiles.

 

g.       That any building structures be located a minimum 60 metres from the west property line to permit the queuing of trucks on site.

 

h.       That the owner and tenant shall covenant and agree in the Site Plan Agreement to implement a truck traffic-monitoring program and conduct regular truck traffic counts for a period of three years after the facility is in operation (full duration of the temporary use by-law) and monitor road condition to the satisfaction of the Town.  If problems are identified, the owner and tenant covenant and agree to adjust their operations to alleviate adverse traffic effects generated by their operations, including restrictions on truck movements if required by the Town.  This may include Saturday closings if required by the Town and to this end the owner and tenant shall covenant and agree to support and comply with any licensing by-law provisions adopted by Council in respect to days or hours of operation of this use.

 

i.         That the owner covenants and agrees to post securities as deposits for damages to the existing Rodick Road between Highway #7 and Fairburn Drive and Yorktech Drive between Woodbine Avenue and Addiscott Court;

 

j.        The owner and tenant shall covenant and agree in the Site Plan Agreement not to foul the public roads leading to the subject lands, and further agree to provide the necessary persons and equipment to be available at all times to keep such roads clean.  All trucks making deliveries to or taking materials from the proposed site shall be adequately covered and reasonably loaded so as not to track mud or debris on the abutting streets.

 

            If, in the opinion of the Commissioner of Community Services and/or the Director of Engineering, these requirements are not complied with, the Town reserves the right to undertake the work as required and the owner and tenant shall forthwith upon demand pay to the Town the full cost thereof.  If the owner and tenant fail to make the payment as required by the Town, the Town may draw on any Letter of Credit filed pursuant to this agreement.

 

k.      That the owner shall covenant and agree in the Site Plan Agreement to provide cash in lieu of parkland, based on the market value of the required land on the day prior to site plan approval;

 

l.         That the owner shall covenant and agree in the Site Plan Agreement that truck access and egress shall be prohibited through the internal plaza access of Fairburn Drive.  The owner shall also communicate these restrictions through correspondence with the operator and through the posting of signage on site indicating truck traffic restrictions; 

m.     That the owner covenants and agrees that no stopping of trucks will be permitted on along Yorktech Drive from Addiscott Court to Rodick Road, and on Rodick Road from Yorktech Drive to Highway #7 and that Council may enact the by-law to amend Parking By-law 336-88 to prohibit stopping of vehicles.

 

n.       That prior to the execution of the Site Plan Agreement, the owner shall revise the plans according to the recommendations of the technical studies to be finalized to the satisfaction of the Town.  Any necessary revisions will be required to be integrated into the Site Plan Agreement with appropriate securities and revise plans as necessary.  The Site Plan Agreement will be required to achieve the recommendations of the following technical studies:

 

                                                   i.      Environmental Management Plan;

                                                 ii.      Noise Impact Study;

                                                iii.      Dust Control Management Plan;

                                               iv.      Traffic Impact Study;

                                                 v.      Stormwater Management Report;

                                               vi.      All required Engineering drawings.

 

3.      That prior to final approval of the site plan, the applicant shall obtain all necessary approvals and permits from the Toronto and Region Conservation Authority and the Region of York;

 

4.      That prior to final approval of the site plan, the owner shall submit an executed lease agreement to the Town, confirming a maximum three (3) year lease agreement with the applicant, with the option for no more than one (1) extension of an additional three (3) years, subject to approval by the Town of the necessary temporary use by-laws.  The lease agreement will also clearly specify that the parties understand that any extension of the temporary use beyond the initial three (3) year term, to a maximum of up to three (3) additional years, will be subject to approval of a future temporary use zoning application granted or denied at the discretion of the Town.  The lease agreement will also clearly specify that under no circumstances will the lease be extended or the use permitted beyond a total of six years;

 

5.      That prior to the execution of the Site Plan Agreement, the owner shall enter into a Development Agreement with the Town and register a restrictive covenant on title, to ensure that the transportation requirements, truck monitoring program, monitoring of the discharge to Beaver Creek and environmental management issues are addressed and secured for the Rodick Road / Yorktech Drive area, to the satisfaction of the Director of Engineering;

6.      And further that site plan approval will lapse after a period of one (1) year from the date of issuance and shall accordingly lapse on June 4, 2003 in the event that the owner does not enter into a Site Plan Agreement with the Town during that period.

 

7.      And further that all above noted agreements be registered on title and be bound by successors and assigns.

 

 

 

 

 

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

*               Amended by Council at its meeting held June 25, 2002, to read as follows:

 

"And that the tabled memorandum dated June 22, 2002 from the Acting Commissioner of Development Services, entitled "Addendum to the ConStrada Aggregate Recycling Facility Committee Rosolution June 18, 2002 - Applications for Zoning Amendment and Site Plan Approval", be received;

 

And that the Addendum dated June 18, 2002, to the Constrada Aggregate Recycling Facility Report, dated June 4, 2002, be received;

 

And that the staff report entitled “ConStrada Aggregate Recycling Facility, applications for Zoning Amendment and Site Plan approval, 350 Yorktech Drive (Concession 4, Lot 9, Plan 65R-22981),” be received;

 

And that the record of the Public Meeting held on February 5, 2002 with respect to the zoning amendment application be received;

 

And that a temporary use by-law to permit an aggregate recycling facility for a three (3) year period, be enacted without further notice with a Holding provision (H), to be removed following execution of a Site Plan Agreement;

 

And that a by-law to amend Schedule 3 of By-law 336-88, by including a ‘No Stopping Anytime’ restriction from Highway #7 south to Yorktech Drive and on Yorktech Drive from Addiscott Court to Rodick Road, be approved;

 

And that site plan approval for an aggregate recycling facility be granted subject to the following conditions:

 

         1.      That the site plan, grading and servicing plan, landscape plan, sections and elevations be revised and approved subject to internal site circulation improvements, enhanced landscaping along the lot line and berms, and fencing requirements to the satisfaction of the Commissioner of Development Services;

 

         2.      That the owner and applicant enter into a Site Plan Agreement with the Town, agreeing to satisfy all conditions of the Town and agencies, financial and otherwise, and containing all standard provisions and requirements of the Town, including;

 

a.      That the owner and applicant covenant and agree not to initiate any applications, transactions or legal action that would seek to permit the recycling facility as a temporary use beyond the proposed maximum six (6) year period (subject to approval of a future temporary use zoning application, to be granted or denied at the discretion of the Town, for the possible extension beyond the current 3 year period to a maximum total period not to exceed 6 years), nor to seek permission for the use as a permanent use;

 

b.      The owner and applicant shall covenant and agree to support and comply with any licensing by-law provisions adopted by Council in respect to days or hours of operation of this use.

 

c.       That the owner and applicant agree to pay any applicable processing fees, letters of credit, recovery costs, development charges, and cash in lieu of parkland dedication;

 

d.      That the owner and applicant covenant and agree that the detailed design and construction of all landscaping shall be at no cost to the Town and in accordance with the provisions of the approved landscape plans;

 

e.      That the owner and applicant covenant and agree to provide cash-in-lieu of parkland, based on the market value of the required land as of the day prior to site plan approval;

 

f.        That the Landscape Plans and applicable sections and elevations are to be prepared by a qualified landscape architect to the satisfaction of the Town and that the owner and applicant shall incorporate the requirements and criteria of the Town of Markham Urban Design Department into the approved site plan;

 

g.      That the temporary use by-law restrict stockpile heights to the combined height of the berm and fence or a maximum height of 7 metres, whichever is lesser;

 

h.      That the temporary use by-law restrict the height of the machinery to 1 metre above the stockpile height, and the location of the crushing machinery shall be restricted to the southeast corner of the property, between the berms and the stockpiles.

 

i.        That the weight scale and associated scale house be located a minimum 60 metres from the west property line to permit the queuing of trucks on site.

 

j.        That the owner and applicant covenant and agree to implement a truck traffic-monitoring program and conduct regular truck traffic counts for a period of three years after the facility is in operation (full duration of the temporary use by-law) and monitor road condition to the satisfaction of the Town.  If problems are identified, the owner and applicant covenant and agree to adjust their operations to alleviate adverse traffic effects generated by their operations, including restrictions on truck movements if required by the Town. 

 

k.   That the owner and applicant covenant and agree that the truck traffic monitoring program specifically review truck traffic circulation patterns in the area (i.e. Rodick Road, Yorktech Drive) once the future Rodick Road/Highway #407 overpass is complete, and addresses any additional traffic restrictions as may be required by the Town at that time.  The Site Plan Agreement will include clauses and letter of credit requirements to ensure compliance. 

 

l.    That provisions be added to prohibit truck access (ingress and egress) to the Constrada Aggregate site from Highway 7.

 

m.  That the owner and applicant covenant and agree to post sufficient securities as deposits for damages to the existing Rodick Road between Highway #7 and Fairburn Drive and Yorktech Drive between Woodbine Avenue and Addiscott Court;

 

n.   That the owner and applicant covenant and agree not to foul the public roads leading to the subject lands, and further agree to provide the necessary persons and equipment to be available at all times to keep such roads clean and that all trucks making deliveries to or taking materials from the proposed site shall be adequately covered and reasonably loaded so as not to track mud or debris on the abutting streets.

 

      If, in the opinion of the Commissioner of Community Services and/or the Director of Engineering, these requirements are not complied with, the Town reserves the right to undertake the work as required and the owner and applicant shall forthwith upon demand pay to the Town the full cost thereof.  If the owner and applicant fail to make the payment as required by the Town, the Town may draw on any Letter of Credit filed pursuant to the Site Plan Agreement.

 

o.   That the owner and applicant covenant and agree that truck access and egress shall be prohibited through the internal plaza access of Fairburn Drive and that the owner and applicant shall communicate these restrictions through correspondence with the operator and through the posting of signage on site indicating truck traffic restrictions;

 

p.   That the owner and applicant covenant and agree that no stopping of trucks will be permitted on along Yorktech Drive from Addiscott Court to Rodick Road, and on Rodick Road from Yorktech Drive to Highway #7 and that Council may enact the by-law to amend Parking By-law 336-88 to prohibit stopping of vehicles;

 

q.   That the owner and applicant shall be required to maintain the on-site stormwater management pond and to remove and dispose the accumulated sediment in accordance with MOE guidelines and to the satisfaction of the Director of Engineering.

 

r.    That the owner and applicant agree that the facility will not be permitted to operate on Saturdays and Sundays.

 

 

 

3.        That prior to the execution of the Site Plan Agreement, the owner and applicant shall revise the plans according to the recommendations of the technical studies to be finalized to the satisfaction of the Town and that any necessary revisions will be required to be integrated into the Site Plan Agreement with appropriate securities and revise plans as necessary.  The Site Plan Agreement will be required to achieve the recommendations of the following technical studies:

 

                                                                 i.               Environmental Management Plan;

                                                               ii.               Noise Impact Study;

                                                             iii.               Dust Control Management Plan;

                                                             iv.               Traffic Impact Study;

                                                               v.               Stormwater Management Report;

                                                             vi.               All required Engineering drawings.

 

4.        That prior to final approval of the site plan, the owner and applicant shall obtain all necessary approvals and permits from the Toronto and Region Conservation Authority and the Region of York;

 

5.        That prior to final approval of the site plan, the owner and applicant shall submit an executed lease agreement to the Town, confirming a maximum three (3) year lease agreement with the applicant, with the option for no more than one (1) extension for an additional period of three (3) years, subject to approval by the Town of the necessary temporary use by-laws.  The lease agreement will also clearly specify that the parties understand that any extension of the temporary use beyond the initial three (3) year term, to a maximum of up to three (3) additional years, will be subject to approval of a future temporary use zoning by-law application that may be granted or denied at the sole and absolute discretion of the Town in accordance with the Planning Act.  The lease agreement will also clearly specify that under no circumstances will the lease be extended or the use permitted beyond a total of six (6) years;

 

6.        That prior to the execution of the Site Plan Agreement, the owner and applicant shall enter into a Development Agreement with the Town and register a restrictive covenant on title, to ensure that the transportation requirements, truck monitoring program, monitoring of the discharge to Beaver Creek, required remediation of Beaver Creek and environmental management issues are addressed and secured for the Rodick Road / Yorktech Drive area, to the satisfaction of the Director of Engineering;

 

7.        That site plan approval will lapse after a period of one (1) year from the date of issuance on June 4, 2003 in the event that the owner and applicant do not enter into a Site Plan Agreement with the Town during that period.

 

8.        And further that all above-noted agreements be registered on title and serve to bind successors and assigns."

 

 

 

15.       YUM KWANG PRESBYTERIAN CHURCH, 7560 WOODBINE AVE.
ZONING BY-LAW AMENDMENT TO PERMIT PLACE OF WORSHIP
(ZA.01-116951) (10.5) 

 

RECOMMENDATION:

 

That rezoning application (ZA.01-116951) submitted by Yum Kwang Presbyterian Church to permit a place of worship at 7560 Woodbine Avenue, be approved and the draft Zoning By-law be enacted without further notice. 

 

 

 

16.       READ EASTERN CAPITAL (OFFSHORE) CANADA INC.
NORTHWEST CORNER OF MIDDLEFIELD RD. & DENISON ST.
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT AND SITE PLAN
CONTROL APPLICATIONS FOR TOWNHOUSES AND MIXED USE
COMMERCIAL (OP 01 114296, ZA 01 114298, SC 01 114301)(10.3, 10.5, 10.6)

 

The Committee had before it correspondence from Nazir Mughal, with a petition of 238 signatures, indicating support for the development proposed by Read Eastern Capital (Offshore) Canada Inc.

 

Mr. Andrew Injoddy, 398 Highglen Avenue, was in attendance, and expressed his support for the application.

 

RECOMMENDATION:

 

That the correspondence and petition submitted by Nazir Mughal, indicating support for

The development proposed by Read Eastern Capital (Offshore) Canada Inc., Files OP 01

114296, ZA 01 114298, SC 01 114301, be received;

 

And that the deputation by Mr. Andrew Injoddy, 398 Highglen Avenue, in support, be received;

 

And that the applications to amend the Official Plan (OP.01-114296) and the Armadale West Secondary Plan to permit thirty-nine, 3-storey townhouses and two mixed-use commercial/residential buildings at the northwest corner of Middlefield Road and Denison St., submitted by Read Eastern Capital (Offshore) Canada Inc., be approved and the draft Official Plan Amendment be adopted without further notice;

 

And that the Zoning By-law amendment application (ZA.01-114298) to permit thirty-nine, 3-storey townhouses and two mixed-use commercial/residential buildings, be approved and the draft Zoning By-law be enacted without further notice;

 

And that the Site Plan Control application (SC.01-114301) to permit thirty-nine, 3-storey condominium townhouses and two mixed-use commercial/residential buildings 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 by the Owner of all applicable fees, recoveries, development charges, cash in lieu of parkland, and Developer’s Group obligations;

 

b.      the westerly portion of the property, to be developed with thirty nine, 3-three storey townhouse units, shall be developed in its entirety as one condominium; and

 

c.       a requirement that appropriate easements or other instruments shall be granted between the townhouse complex and the mixed-use block to provide for integrated access between the developments, as well as to accommodate four visitor parking spaces for the townhouses within the mixed-use block, and that be incorporated into the applicable site plan, condominium and related agreements;

 

2.                  That prior to execution of the site plan agreement, the Owner shall submit a noise impact study to the satisfaction of the Director of Engineering;

 

3.                  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;

 

4.                  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;

 

5.                  That the applicant shall obtain a consent approval from the Committee of Adjustment to revise/adjust the mutual property line between the proposed condominium development and the mixed-use block, prior to execution of the site plan agreement;

 

6.                  And further that the site plan approval shall lapse after a period of three (3) years commencing June 18, 2002, in the event that a site plan agreement is not executed within that period.

 

 

 

 

 

17.       WYNBERRY DEVELOPMENTS INC., 9462 HIGHWAY 48
APPLICATIONS FOR DRAFT PLAN APPROVAL AND IMPLEMENTING REZONING FOR DRAFT PLAN OF SUBDIVISION (PHASE 1) 19T-01020, WISMER COMMONS COMMUNITY (SU 01 119048, ZA 01 119040)
and
BRAWLEY MANOR CORPORATION, PART LOTS 16 AND 17,
CONCESSION 7, APPLICATION FOR IMPLEMENTING REZONING FOR DRAFT PLAN OF SUBDIVISION 19T-95040 (ZA 02 019187) (10.5, 10.7)

 

RECOMMENDATION:

 

Wynberry Developments Inc.:

That the Record of Public Meeting held on May 7, 2002, regarding the proposed plan of subdivision and implementing zoning by-law, Files SU 01 119048 and ZA 01 119040, submitted by Wynberry Developments Inc., for 9462 Highway 48, be received;

 

And that Phase 1 of draft plan of subdivision 19T-01020 prepared by KLM Planning Partners Inc., identified as Project Number P-386, Dwg. No. - 02:3, be draft approved, subject to the conditions of draft plan approval;

 

And that the applications submitted by Wynberry Developments Inc. to amend zoning by-laws 177-96 and 304-87 be approved and the implementing by-laws be enacted with a Holding provision, without further notice;

 

And that water supply allocation for 85 units be granted to Wynberry Developments Inc.;

And that site plan approval for commercial Blocks 86 and 87 shall not be granted until a satisfactory noise feasibility study to determine any measures necessary to mitigate possible adverse noise impacts on the abutting residential lots is submitted and approved;

 

That site plan approval for commercial Blocks 86 and 87 shall not be granted until a tree inventory and preservation plan is submitted and approved;

 

And that the Trustee of the Wismer Commons Developers Group provide written confirmation to the satisfaction of the Town of the Group’s concurrence with respect to the distribution of interim sanitary sewage capacity and water supply allocation for draft plan of subdivision 19T-01020 from the totals allocated to the community by the Town;

 

And that the Town reserves the right to revoke or reallocate interim sanitary sewer capacity and water allocation to the Draft Plan of Subdivision should the development not proceed in a timely manner or in accordance with on-going monitoring to ensure a reasonable distribution of servicing allocation among landowners in the Wismer Commons Community, in consultation with the Developers’ Group;

 

And that the applicant submit the required 30% subdivision processing fee for the Phase 1 portion of the subdivision;

 

And that registration of Phase 1 in respect to interim sanitary capacity and sewage allocation and water supply be subject to conditions listed in this report;

 

And that the Wismer Commons Development Phasing Plan be updated to reflect the revision to the phasing of development as outlined in this report and the existing phasing agreement be amended to include this update.

 

Brawley Manor Corporation:

That the Record of Public Meeting held on November 17, 1998, regarding the proposed plan of subdivision and implementing zoning by-law, File ZA 02 019187, submitted by Brawley Manor Corporation for Part Lots 16 And 17, Concession 7, be received;

 

And that the applications submitted by Brawley Manor Corporation to amend zoning by-laws 177-96 and 304-87 be approved and the implementing by-laws be enacted with a Holding provision, without further notice;

 

And that water supply allocation for 10 units be granted to Brawley Manor Corporation;

 

And that the Trustee of the Wismer Commons Developers’ Group provide written confirmation to the satisfaction of the Town of the Group’s concurrence with respect to the distribution of interim sanitary sewage capacity and water supply allocation for draft plan of subdivision 19T-95040 from the totals allocated to the community by the Town;

 

And that the Town reserves the right to revoke or reallocate interim sanitary sewer capacity and water allocation to the Draft Plan of Subdivision should the development not proceed in a timely manner or in accordance with on-going monitoring to ensure a reasonable distribution of servicing allocation among landowners in the Wismer Commons Community, in consultation with the Developers’ Group;

 

And that the Wismer Commons Development Phasing Plan be updated to reflect the revision to the phasing of development as outlined in this report and the existing phasing agreement be amended to include this update.

 

 

18.       ST. DIMITRIJA SOLUNSKI MACEDONIAN ORTHODOX CHURCH
58-60 GEORGE STREET REZONING APPLICATION (ZA-000237529) (10.5)

 

The Committee had before it a written submission from Ron Keeble, President of Old Markham Village Ratepayers Inc., requesting the application be denied. The Committee referred the correspondence to staff for review and response.

 

Two members of the public, Ms. Anne Ison of 69 George Street, and Ms. Verna Proctor of 67 George Street, had left the meeting prior to discussion of this matter. The Committee directed staff to advise Ms. Ison and Ms. Proctor that this matter will be presented to Council on June 25, 2002.

 

Staff explained how the concerns identified at the public meeting had been addressed. Committee questioned if the 2 houses at 58 and 60 George Street will be sold. A representative of the Church was in attendance and advised it is their intention to sell the two houses. The Chair requested the Church submit a letter to the Town outlining their intent.

 

Committee expressed dismay at the Fire Department's response, with respect to access. Concerns were discussed regarding setting precedents, and impact on neighbours. Councillor Heath advised he will meet with staff and the applicant to try to resolve these issues prior to this matter being considered by Council at its meeting scheduled for June 25, 2002.

 

RECOMMENDATION:

 

That the application for zoning by-law amendment, File ZA.00-237529, submitted by St. Dimitrija Solunski Macedonian Orthodox Church to permit an expansion of the church parking lot at 58 and 60 George Street, Markham be approved, and the implementing by-law be enacted without further notice, subject to Councillor Heath, staff and the applicant resolving issues identified.  *

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

*               Amended by Council at its meeting held June 25, 2002, to read as follows:

 

"That the application for zoning by-law amendment, File ZA.00-237529, submitted by St. Dimitrija Solunski Macedonian Orthodox Church to permit an expansion of the church parking lot at 58 and 60 George Street, Markham be deferred to a, October, 2002 Development Services Committee meeting to allow time for a Public Information Meeting to be held with residents and representatives of the Church."

 

 

19.       SIDEWALK - BERCZY VILLAGE
WESTCHESTER CRESCENT AND BROOKHAVEN CRESCENT (5.18) 

 

RECOMMENDATION:

 

That the staff report entitled “ Berczy Village - Westchester Crescent and Brookhaven Crescent” Sidewalk dated June 18, 2002 be received;

 

And that the sidewalk on Westchester Crescent and Brookhaven Crescent be deleted;

 

And that Council reserve the right to reconsider the installation of a sidewalk on Westchester Crescent and Brookhaven Crescent until the assumption of Markham Trails Phase 2 subdivision;

 

And that staff be authorized to enact the necessary policies and procedures to ensure that Sales Offices for residential homes display plans denoting the approved sidewalk, utilities and grading plan.

 

 

 

 

 

Public Meeting

 

20.       TOWN OF MARKHAM, OFFICIAL PLAN AND WOODBINE NORTH SECONDARY PLAN AMENDMENTS (OP 02 108163) (10.3. 10.4) 

 

The Chair advised that the subject of the Public Meeting this date was to consider a Town-initiated amendment to the Official Plan and the Woodbine Secondary Plan (OPA 43).

 

Committee was advised that 16 notices were mailed on May 29, 2002, and a public meeting sign was posted. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, explaining the location, surrounding uses, and the proposed development of the subject property.

 

There were no comments from the public with respect to this application. The Committee noted the potential for gateway features at this location, and directed staff to address this aspect prior to the Council meeting scheduled for June 25, 2002.

 

RECOMMENDATION:

 

That the record of the Public Meeting held on June 18, 2002 with respect to "Woodbine North Planning District, Town-initiated Official Plan and Secondary Plan amendments to redesignate lands located at 291 Hillmount Road, south west corner of Major Mackenzie Drive and Markland Street, from Commercial and Retail Warehouse Area to Industrial and Business Park Area, be received;

 

And that the amendments to the Markham Official Plan (Revised 1987) and the Secondary Plan PD 26-1 for the Woodbine North Planning District, as amended, to redesignate the subject lands from Commercial and Retail Warehouse Area to Industrial and Business Park Area, be enacted without further notice, subject to the addition of provisions regarding gateway features.

 

 

21.       SLOVAK GREEK CATHOLIC CHURCH FOUNDATION
10370 WOODBINE AVENUE, CATHEDRAL COMMUNITY
ZONING AMENDMENT TO PERMIT A TEMPORARY CONSTRUCTION ADMINISTRATION OFFICE (ZA 02 107333) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider Zoning amendment application, File ZA 02 107333, submitted by Slovak Greek Catholic Church Foundation, to permit a temporary construction administration office at 10370 Woodbine Avenue.

 

Committee was advised that 17 notices were mailed on May 29, 2002, and a public meeting sign was posted on May 29, 2002. The Committee received correspondence from W. Thomas Barlow of Fasken Martineau on behalf of Memorial Gardens (Ontario) Limited, in objection.

 

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

In response to Mr. Barlow's concern, staff advised an OMB hearing can be held concurrently on both issues. In response to Committee's comments, staff advised a letter of credit can be required, to ensure the structure is removed if construction does not commence. Committee directed that the Ward Councillor be involved in the review of the site plan application.

 

Mr. John Koke, representing the applicant, advised that the building will be used as an administrative office, not a construction office.

 

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

 

RECOMMENDATION:

 

That correspondence from W. Thomas Barlow of Fasken Martineau on behalf of Memorial Gardens (Ontario) Limited, in objection, be received;

 

And that the record of the Public Meeting held on June 18, 2002 with respect to "Slovak Greek Catholic Church Foundation, Application for zoning amendment to permit a temporary construction administration office at 10370 Woodbine Avenue (west side of Woodbine venue north of the Cathedral)" be received;

 

And that the amendment to Zoning By-law 304-87, as amended, to permit a construction administration office on a temporary basis be enacted without further notice;

 

And that site plan application SC 02 105798 to permit a temporary construction administration office be delegated to staff and the Ward Councillor, for approval.

 

 

22.       HUMBOLD PROPERTIES LIMITED, AND GREENSBOROUGH TOWN CENTRE CORPORATION, NORTH OF BUR OAK AVE., WEST OF
9^TH LINE, ZONING BY-LAW AMENDMENT TO ADJUST THE DEVELOPMENT STANDARDS FOR CERTAIN LANDS AND TO
PERMIT A DAY CARE/PRIVATE SCHOOL USE (ZO 02 105736) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider Zoning By-law   amendment application, File ZO 02 105736, submitted by Humbold Properties Limited and Greensborough Town Centre Corporation, to permit a freehold townhouse units, to permit a day care/private school use, and to adjust development standards for garages and permit enclosed walkways on certain lands, for lands north of Bur Oak Avenue, west of 9^th Line, in the Greensborough community.

 

Committee was advised that 99 notices were mailed on May 29, 2002, and a public meeting sign was posted on May 23, 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 lands. Staff advised the resolution has been amended to include reference to Greensborough Town Centre Corporation and Draft Approved Plan of Subdivision 19TM-2005 (Phase I) (Greensborough).

 

Ms. Sandra Wiles of KLM Planning Partners Inc., displayed site plans. Committee indicated concern for access and drop-off locations for the day care, and directed a "bump-up" for the site plan to be brought to the Committee. There were no comments from the public with respect to this application.

 

RECOMMENDATION:

 

That the record of the Public Meeting held on June 18, 2002 with respect to the application by Humbold Properties Limited and Greensborough Town Centre Corporation to amend By-law 177-96, as amended, as it applies to Draft Approved Plans of Subdivision 19T-95013 (Phase I) and 19TM-20005 (Phase I) (Greensborough), be received;

 

And that the application by Humbold Properties Limited and Greensborough Town Centre Corporation to amend By-law 177-96, as amended, as it applies to Draft Approved Plans of Subdivision 19T-95013 (Phase I) and 19TM-20005 (Phase I) (Greensborough), be approved;

 

And that the proposed amendment to By-law 177-96, as amended, be enacted without further notice;

 

And that the site plan be brought to the Development Services Committee for approval.

 

 

23.       WHITTAMORE BROTHERS LIMITED, 7297 REESOR ROAD
            PROPOSED TEMPORARY USE BY-LAW TO PERMIT MINI-GOLF
            (ZA 02 109613) (10.5) 

 

The Chair advised that the subject of the Public Meeting this date was to consider a zoning by-law amendment, File ZA 02 109613, submitted by Whittamore Brothers Limited, to permit a temporary mini-golf operation at 7297 Reesor Road.

 

Committee was advised that 16 notices were mailed on May 29, 2002, and a public meeting sign was posted on May 27, 2002. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, explaining the location, surrounding uses, and the proposed use of the subject property.

 

Karen Deer, 7399 Reesor Road, stated her opinion that the proposal is innovative, and that she is in support.

 

RECOMMENDATION:

 

That the record of the Public Meeting held on June 18, 2002 with respect to the proposed amendment to By-law 304-87, as amended, be received;

 

And that the application by Wittamore Brothers Limited to amend By-law 304-87, as amended, be approved;

 

And that the proposed amendment to By-law 304-87, as amended, be enacted without further notice.

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

Other matters considered by the Committee on June 18, 2002:

 

 

24.       TOMPION LIMITED PROPERTY (10.0)

 

Staff referred to correspondence received from Ron Christie of Rouge Park, dated June 6, 2002, requesting funding assistance for a 40 acre parcel at the north west corner of Steeles Avenue East and the 9^th Line, Rouge Park. Committee directed that the letter be provided to Council at the meeting scheduled for June 25, 2002, and that staff prepare a report on this matter at that time, if possible.

 

 

25.       MR. PHILLIP DANIELS, 14^TH AVENUE HOME BUILDERS (10.0)

 

The Committee had before it, correspondence from Phillip Daniels, representing 14^thAvenue Home Builders Inc., dated June 17, 2002, regarding the Subdivision Agreement. Mr. Phillips was in attendance to make a deputation regarding his concern with clause 8.14 of the Subdivision Agreement. He requested that the required recovery funds be held in trust by the Town, pending resolution of certain development charges and recovery issues currently before the Ontario Divisional Court.  Mr. Daniels submitted that if the front-ending developers wish to receive the funds, they have the option of appealing to the courts.

 

Town legal staff submitted that Mr. Daniels misinterpreted the law and OMB rulings on the issue of recoveries and development charges. The Assistant Town Solicitor commented that the Town is obligated to utilize its "best efforts" to recover the funds but that the money will not be released to previous developers until the current subdivision is registered and all appeal rights have ceased. The Committee indicated no action would be taken on Mr. Daniels' request to have Clause 8.14 of the Subdivision Agreement amended.

 

RECOMMENDATION:

 

That the correspondence and deputation by Mr. Phillip Daniels, representing 14^th Avenue

Home Builders Inc., regarding the Subdivision Agreement, be received.

 

 

26.       26 CHURCH LANE, OMB HEARING (8.0 & 13.13)

 

A Committee member noted that the Committee of Adjustment Decision for 26 Church Lane has been appealed to the OMB. Staff advised the Legal Department will be presenting a report to establish support and instructions. 

 

 

27.       CACHET ENCLAVE AND 16^TH WARDEN (8.0 & 13.13)

 

Committee requested copies of OMB decisions regarding these matters be provided to all Committee members.

 

28.       MARKHAM CENTRE UPDATE, SMART GROWTH PRESENTATION (10.8.1)

 

The Commissioner of Development Services gave a presentation of the submission to the provincial government, demonstrating how Markham Center has achieved the 3 goals of Smart Growth, and requesting support in the form of legislative framework changes and infrastructure funding.

 

The Committee commended the work of the Commissioner and Markham Centre team, and emphasized the importance of provincial involvement and investment, and of public consultation. Committee members requested a copy of the presentation.

 

RECOMMENDATION:

 

That the staff presentation regarding Markham Centre update and Smart Growth be received.

 

 

29.       MICHAEL AND VERONICA LARKIN, BERCZY VILLAGE COMMUNITY
ZONING BY-LAW AMENDMENT TO IMPLEMENT PHASE 4,
DRAFT PLAN 19T-95009 (ZA.02-107636) (10.5)

 

The Committee had before it, correspondence from Mai Koster of Emery Investments, dated June 17, 2002, regarding zoning by-law amendment File ZA.02-107636 submitted by Michael and Veronica Larkin.

 

Mr. Michael Larkin, applicant, was in attendance to clarify that the Heritage House will be moved to a new location within the block, and will be integrated with proposed townhouses. The Committee directed that the staff report be amended to clarify this point. The Committee also directed that a description of natural features on the site be provided.

 

RECOMMENDATION:

 

That correspondence from Mai Koster, Emery Investments, dated June 17, 2002, regarding zoning by-law amendment File ZA.02-107636 submitted by Michael and Veronica Larkin, be received;

 

And that a Public Meeting be held to consider the application by Michael and Veronica Larkin for approval of a Zoning By-law Amendment, File ZA.02-107636, related to lands north of 16^th Avenue, west of McCowan Road, to implement Phase 4 of Draft Plan 19T-95009.

 

 

30.       PLACES OF WORSHIP STUDY, DRAFT PHASE ONE REPORT:
FINDINGS, ISSUES AND OPTIONS (10.8)

 

RECOMMENDATION:

 

That the report to Development Services Committee entitled “Places of Worship Study - Draft Phase One Report: Findings, Issues and Options”, dated June 18, 2002, be received;

 

And that the draft report (distributed to Development Services Committee under separate cover) prepared by Macaulay Shiomi Howson Ltd. entitled “Town of Markham Places of Worship Study - Background, Issues and Options Report”, dated June 2002, be received;

 

And that staff be authorized to make the report available for information to interested parties;

 

And that staff be authorized to initiate the next phase of public consultation, including a public open house as well as meetings with faith groups and developer group representatives; 

 

And that following the public consultation, staff and the consultant be requested to bring forward to the Development Services Committee the results of the consultation, and the recommended policy approach with respect to places of worship for the Town;

 

And further that following the public consultation, and in accordance with the Development Services Committee resolution of October 2, 2001, staff and the consultant bring forward a report and recommendations regarding the applications by Al Hussain Foundation to permit a place of worship at 10992 Kennedy Road.

 

 

31.       STREET NAMING POLICY (10.14)

 

Committee discussed approaches to streamline the street naming process. It was suggested that a list of approved names be collected that can be assigned to new streets. Committee requested the street naming policy be reviewed, and that consideration be given to multi-cultural names, to reflect the "Faces of Markham".

 

RECOMMENDATION:

 

That the current street naming policy be reviewed;

 

And that multi-cultural names be incorporated, to reflect the "Faces of Markham".

 

 

32.       UNIONVILLE SUBCOMMITTEE MINUTES - JUNE 4, 2002
MARKVILLE MALL, ONTREA INC./CADILLAC FAIRVIEW SITE PLAN (10.6)

 

Councillor G. McKelvey disclosed an interest with respect to the Unionville Subcommittee minutes regarding 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 Unionville Subcommittee minutes regarding 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.

 

RECOMMENDATION:

 

That the minutes of the Unionville Subcommittee meeting, held June 4, 2002, regarding Markville Mall site plan, be received for information.

33.       QUINTIL GROUP, 19 AND 23 DEVIATION ROAD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS
            TO PERMIT MEDIUM DENSITY RESIDENTIAL DEVELOPMENT (10.3, 10.5)

 

RECOMMENDATION:

 

That a Public Meeting be held on August 26, 2002 to consider Official Plan and Zoning By-law amendment applications by Quintil Group to permit medium density residential development on 19 and 23 Deviation Road, subject to the following:

 

a)         A public information meeting being held to the satisfaction of the Ward Councillor by August 2, 2002; and

 

b)         Staff, in consultation with the Ward Councillor, being satisfied that the applications are ready to be brought forward to a Public Meeting.

 

 

COMMUNICATIONS

 

 

34.       MINISTRY OF COMMUNITY, FAMILY AND CHILDREN'S
            SERVICES, May 28, 2002 (10.0)
            - Resolution of Appeal of Bylaw 72-91 Regarding Group Homes

 

RECOMMENDATION:

 

That the correspondence from Ministry of Community, Family and Children's Services, dated May 28, 2002 regarding group homes, be received.

 

 

35.       MIKE CARTER, June 5, 2002 (10.14)
            - request for street name for "James Walker"

 

RECOMMENDATION:

 

That the correspondence from Mike Carter, dated June 5, 2002, requesting a street be named for "James Walker" be referred to staff for appropriate action.

 

 

 

 

 

 

 

 

 

Public Meeting

 

Attendance

Chair:  Councillor G. McKelvey Vice Chair, Community Character:             Regional Councillor T. Wong Vice Chair, Markham Centre:             Councillor D. Horchik Vice Chair, Economic Development:             Regional Councillor B. O'Donnell Members:             Regional Councillor F. Scarpitti             Councillor S. Daurio             Councillor E. Shapero             Councillor J. Virgilio             Councillor J. Heath             Councillor K. Usman             Councillor A. Chiu

V. Shuttleworth, Acting Director of Planning R. Blake, Senior Project Coordinator S. Heaslip, Senior Project Coordinator G. Sellars, Senior Planner N. Surti, 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. 

 

 

36.       599730 ONTARIO INC., 7037 YONGE STREET
ZONING BY-LAW AMENDMENT TO RECOGNIZE EXISTING USES
(ZA 02 103293) (10.5) 

 

The Chair advised that the subject of the Public Meeting this date was to consider Zoning   amendment application, File ZA 02 103293, submitted by 599730 Ontario Inc., to recognize existing uses at 7037 Yonge Street.

 

Committee was advised that 51 notices were mailed on May 29, 2002, and a public meeting sign was posted on May 24, 2002. Committee received correspondence from the Theodoropoulos Family, 21 Highland Park Blvd., in objection.

 

Staff gave a presentation regarding the proposal, explaining the location, surrounding uses, the proposed rezoning to permit existing carpet store retail and complementary health care office uses. It was clarified that the proposed uses would not permit a medical suite.

 

Committee conveyed concern for the wares displayed outside the store and the obstacles they create. Staff were directed to alert By-law Enforcement Department regarding this issue and to  respond to the complaints from the Theodoropoulos Family. Staff were also directed to clarify in the by-law that outside storage is prohibited, and to address the inappropriate use of public parking areas for "private" use. Committee questioned how rezoning will affect the licensing for complementary health use, and staff was directed to address this issue in the follow-up report.

 

Mr. Konstantine Chatzidimos of Sotos Associates, representing the applicant, advised the tenant is required to keep the premises tidy, and that the landlord has assured that it will be enforced.

 

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

 

RECOMMENDATION:

 

That correspondence from the Theodoropoulos Family, 21 Highland Park Blvd., in objection, be received;

 

And that the record of the Public Meeting held on June 18, 2002 with respect to "599730 Ontario Inc. Application for zoning amendment to recognize the existing uses at 7037 Yonge Street", be received;

 

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

 

 

37.       PALMA RESIDENTIAL GROUP, 8072 MCCOWAN ROAD
PROPOSED PLAN OF SUBDIVISION (19TM-02002) AND IMPLEMENTING ZONING BY-LAW AMENDMENTS (ZA. 02-102456, SU. 02-102469) (10.5, 10.7) 

 

The Chair advised that the subject of the Public Meeting this date was to consider a residential plan of subdivision and implementing zoning by-law applications, Files ZA. 02-102456 and SU. 02-102469, submitted by Palma Residential Group, for property located at 8072 McCowan Road.

 

Committee was advised that 137 notices were mailed on May 29, 2002, and a public meeting sign was posted on May 29, 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.

 

Committee questioned the use of noise mitigation from Highway 407, and were advised that the land to the south is already draft approved and in the process of being registered (Phase 1).  It was also noted that a noise berm has already been constructed along the north boundary of Highway 407, and that as a condition of draft plan approval a noise study will be required from the applicant.

 

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

 

RECOMMENDATION:

 

That the Development Services Commission Report entitled "Palma Residential Group, proposed plan of subdivision (19TM-02002) and implementing zoning by-law amendments, 8072 McCowan Road, South Unionville", dated May 21, 2002, be received;

 

And that the record of the Public Meeting of June 18, 2002 with respect to the applications for subdivision approval and zoning by-law amendment submitted by Palma Residential Group, be received;

 

And further that the applications be referred back to staff for a report and recommendation following the Public Meeting.

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 8:40 p.m.