MINUTES

DEVELOPMENT SERVICES COMMITTEE

2004-06-28

 

 

PART A - 11:00 a.m. – Canada Room

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

 

Attendance

Chair:  Councillor G. McKelvey Members:             Mayor D. Cousens             Deputy Mayor  F. Scarpitti (11:35)             Regional Councillor J. Heath             Regional Councillor J. Jones             Councillor S. Daurio             Councillor E. Shapero (1:15)             Councillor J. Virgilio             Councillor J. Webster             Councillor D. Horchik             Councillor K. Usman (11:20)             Councillor A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services C. Conrad, Town Solicitor B. Cribbett, Treasurer V. Shuttleworth, Director of Planning and Urban Design A. Brown, Director of Engineering S. Chait, Director of Economic Development S. Taylor, Director of Strategic Services D. Clark, Town Architect T. Lambe, Manager, Policy & Research F. Wing, Manager, Financial Planning R. Kendall, Senior Project Coordinator B. Karumanchery, Senior Project Coordinator L. Duoba, Project Coordinator T. Kanji, Senior Planner M. Urquhart, Senior Planner D. Ciastko, Economic Development Officer K. Webber, Administrative Assistant K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 11:10 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 the Items # 6 and 20, the alternative energy supply project proposed by Rogers Cable and Ballard Power Systems Inc., by nature of being the father of an employee of Rogers Cable 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 # 18, the proposed development by Eugenio Garritano and Alfio Foti at 355-357 Main Street Markham North, by nature of representing the applicants, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Regional Councillor J. Heath disclosed an interest with respect to Item # 37, the proposed Official Plan amendment for lands at the north-east corner of McCowan Road and Bullock Drive, File OPA 04 017774, by nature of owning property in the area, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

1.         STREAM NAMES (10.0)

 

Staff gave a presentation regarding stream names, and requested direction regarding three creeks.

 

Moved by:

Seconded by:

 

That the staff presentation regarding stream names be received;

 

And that Council authorize staff to proceed with the geographical names application to officially recognize Milne Creek;

 

And that Council authorize staff to proceed with the geographical names application to officially recognize Mount Joy Creek;

 

And that with respect to Burndenett Creek, staff bring forward a recommendation on a stream name based on further input from urban design and heritage staff and consultation with the community.

CARRIED

 

 

2.         POST CIRCULATION RESPONSE - OAK RIDGES MORAINE
OFFICIAL PLAN AMENDMENT NO. 117 (10.3)    Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the staff report entitled “Post Circulation Response - Oak Ridges Moraine Official Plan Amendment”, dated June 28, 2004, be received;

And that staff continue to work with the Ministry of Municipal Affairs and Housing to finalize the Draft Decision to Official Plan Amendment No. 117 for approval by the Minister of Municipal Affairs and Housing;

 

 

 

And that Council endorse the recommended modifications as identified in Appendix ‘C’ to the staff report dated June 28, 2004, and that any further minor wording changes be subject to the approval of the Commissioner of Development Services;

 

And further that the Ministry of Municipal Affairs and Housing be asked to finalize approval of the Oak Ridges Moraine Zoning By-law. 

CARRIED

 

 

3.         IDENTIFICATION OF FUTURE HERITAGE CONSERVATION
DISTRICT STUDY AREAS: PUBLIC CONSULTATION  (10.8, 16.11)   Weblink

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor J. Webster

 

That the staff report entitled “Identification of future Heritage Conservation District Study Areas: Public Consultation”, dated June 28, 2004 be received;

 

And That the following communities, as shown on the maps attached as Appendix ‘A” to the staff report dated June 28, 2004, be identified as areas for consultation and future study to determine their suitability as future Heritage Conservation District Study Areas, and that properties in these areas be listed on the Markham Heritage Inventory as areas of special historic and cultural value and interest to the Town of Markham:

Locust Hill

Cedar Grove

Victoria Square

Box Grove

Almira

Dickson Hill

                                  

And That Council authorize the initiation of public information meetings to be held in each community (six in total) to consider the establishment of Heritage Conservation District Study Areas;

 

And that staff report back to Council regarding the results of the meetings, and any proposed Heritage Conservation District Study Area by-laws.

CARRIED

 

 

 

 

 

 

 

 

 

 

4.         BUTTONVILLE HERITAGE CONSERVATION DISTRICT STUDY
            AND PLAN UPDATE - TERMS OF REFERENCE (10.8, 16.11)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the Staff Report entitled “Buttonville Heritage Conservation District Study and Plan Update – Terms of Reference,” dated June 28, 2004, be received;

 

And that the Buttonville Heritage Conservation District Study and Plan Update – Terms of Reference, dated June 28, 2004 be endorsed;

 

And that Town staff be authorized to proceed with consultant selection and awarding of the study, in accordance with provisions in the Purchasing By-law 143-2000, with consultant fees to an upset limit of $15,500 (exclusive of GST) to be paid from Capital Budget Account No. 80-5399-3507-005;

 

And further that a Buttonville Heritage Conservation District Advisory Committee be created to assist in the Study, and be comprised of the following members:

 

- Ward Councillor (Dan Horchik)

- Regional Councillor (Deputy Mayor F. Scarpitti)

- 2 Members of Heritage Markham

- 2 Community representatives appointed by the local and regional Councillors

- 2 staff members from the Heritage Section

CARRIED

 

 

 

5.         2026755 ONTARIO INC., 351 FERRIER STREET
BLOCKS 2 AND 3, PLAN 65M-2316
BUILDING CODE REQUIREMENTS (SC 03 113939)(10.6)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That Council enact a by-law to deem Blocks 2 and 3, Registered Plan 65M-2316 not to be part of a registered plan of subdivision, and that staff take appropriate action as required under Section 50 of the Planning Act.

CARRIED

 

 

 

 

 

 

6.         HYDROGEN FUEL CELL DEMONSTRATION PROJECT (5.0)

 

Councillor J. Virgilio disclosed an interest with respect to the proposed alternative energy supply by Rogers Cable and Ballard Power Systems Inc., by nature of being the father of an employee of Rogers Cable and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Moved by: Mayor D. Cousens

Seconded by: Regional Councillor J. Jones

 

That the presentation from Rogers Cable and Ballard Power Systems Inc. be received;

 

And that staff be authorized to pursue with Rogers Cable and Ballard Power Systems Inc. a pilot project for the installation of hydrogen fuel cells in the Cornell Community;

 

And the staff be authorized to submit with Rogers Cable and Ballard Fuel Cell Inc. an application to Industry Canada for funding under its Technology Partnership Program in a form satisfactory to the CAO and Town Solicitor;

 

And that staff report back with final details of the pilot project for Council's consideration and approval.

CARRIED

 

 

7.         MARKHAM CENTRE ENHANCED HOARDING PROGRAMME
            (10.8, 2.16)     Weblink

 

Moved by: Mayor D. Cousens

Seconded by: Councillor K. Usman

 

That the report dated June 28, 2004, entitled “Enhanced Hoarding Programme” be received;

 

And that lifestyle imaging and wordmark messaging be endorsed for use on enhanced construction hoarding as set out in this report;

 

And that Council endorse the Guidelines for Hoarding Signs, including the submission of a Sign Uniformity Plan, outlined in this report as the basis for permitting signage on hoarding;

 

And that staff be directed to draft a Hoarding Agreement for execution by developers who wish to participate in the enhanced hoarding programme;

 

And that a public meeting be held to discuss the amendments to the Sign By-law to introduce signs on hoarding, as addressed in the report dated June 28, 2004.

CARRIED

 

 

 

8.         WEST CATHEDRAL COMMUNITY DESIGN PLAN (10.3)      Weblink

 

Committee discussed servicing and water allocation, and density. Staff was directed to request that Monarch Construction submit a written agreement to a suggested amendment for a block of land located at the north-east corner of Elgin Mills Road, west of Victoria Square, from medium to low density residential.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Jones

 

That the Development Services Commission Report dated June 28, 2004, entitled “West Cathedral Community Design Plan” be received;

 

And that the West Cathedral Community Design Plan, dated April 13, 2004, prepared by NAK Design Group be approved, subject to the following conditions:

 

·           That the revisions set out in the revised “Concept Plan” (Figure 1 to the staff report dated June 28, 2004) be incorporated into the final Community Design Plan; and,

 

·           That the Commissioner of Development Services be authorized to approve any additional changes and that they be incorporated into the Community Design Plan:

 

·       A revision to the plan to identify lands for a future northbound Highway 404 off-ramp    connecting links at Major Mackenzie Drive and Elgin Mills Road.

·       A revision to the plan to revise the location of the 404 overpass to the satisfaction of the Town of Markham and the City of Richmond Hill.

·      A revision to the plan to improve the residential/commercial (Community Amenity Area) interface at the south end of the plan on the Memorial Gardens, Barrowcrest Developments Inc. and Loblaws properties.

·      A revision to the plan to improve the interface between the Catholic School/park campus  and adjacent residential lands in the Memorial Gardens and Barrowcrest Developments Inc. lands.

·      A textual revision to the community design plan (located north of Elgin Mills Road) to support the preservation of the existing mature hedgerow on the Monarch Construction Lands along the northern property boundary.

·      A revision to the plan on the Monarch Construction Lands to include a north/south road connection to future development lands to the north.

·      A revision to the plan on the Monarch Construction Lands to adjust the road alignment for the employment lands to provide road frontage to the south end of woodlot A.

·      A revision to the “West Cathedral Open Space Study” to reflect town parkland dedication requirements on the “Slovak Greek Catholic Church Foundation” lands.

·      A revision to the text in the “Community Facilities/Parks” section of the community design plan which identifies specific facility upgrades in Victoria Square Community Park. 

·      The lands in the West Cathderal Community bounded by Victoria Square on the east, Elgin Mills Road on the south, the proposed north-south collector road on the west and the first east-west street proposed north of Elgin Mills road on the north be redesignated from Urban Residential Medium Density to Urban Residential Low Density.

And that all subdivision and other development applications within the West Cathedral Community be reviewed to ensure compliance with the Community Design Guidelines;

 

And further that the Commissioner of Development Services be authorized to approve the West Cathedral Community Design Plan upon finalization of all revisions noted above, to the satisfaction of the Commissioner.

CARRIED

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

 

That staff be directed to report back to the Development Services Committee on options to provide water services to Victoria Square houses.

CARRIED

 

 

9.         LIBERTY DEVELOPMENT CORP. (2015776 ONTARIO INC.)
PART OF LOT 10, CONCESSION 4, MARKHAM CENTRE
PRECINCT PLAN, DRAFT PLAN OF SUBDIVISION AND ZONING
BY-LAW AMENDMENT APPLICATIONS (SU 03 114556, ZA 02 119054)
(10.8)    Weblink

 

Barry Horosko of Bratten Partners, representing Liberty Development Corp., stated the applicant supports the staff recommendation, with the exception of four zoning-related issues.

 

Staff was directed to update Council on June 30, 2004, regarding the four outstanding issues with the applicant, relating to:

1.         Schedule B3: amend maximum height for 10 storey structures from 29 m to 30 m

2.         Schedule B3: amend maximum height for 13 storey structures from 37 m to 39 m

3.         Amend the below-grade parking requirement from 83 % to 80%

4.         Provide for flexibility on allocation of the units among the blocks (20% transferable)

 

Moved by: Councillor J. Webster

Seconded by: Councillor K. Usman

 

That the deputation by Barry Horosko of Bratten Partners, representing Liberty Development Corp., be received;

 

And that correspondence from Fred Darvish of Liberty Development Corporation, dated June 24, 2004, confirming acceptance of the conditions, as modified and discussed with staff, be received;

 

And that the draft By-law for Liberty Development Corporation, (2015776 Ontario Inc.) Zoning By-law Amendment (ZA 02 119054) be received.

 

And that the report dated June 28, 2004, entitled “Recommendation Report, Liberty Development Corporation (2015776 Ontario Inc.)” be received;

 

And that the Draft Plan of Subdivision (SU 03 114556) and Zoning By-law Amendment (ZA 02 119054) applications be approved and, that the Director of Planning be directed to issue draft approval once the Owner has complied with the requirement to enter into the agreement set out below restricting pre-sale of residential units;

 

And that prior to issuance of draft plan approval, the Owner shall enter into an agreement with the Town, which agreement shall be registered on title, committing not to enter into any agreements of purchase and sale with anyone, including individuals, other developers or builders, for any units within the plan area unless water allocation has been assigned by the Town and the Markham Centre Developers Group and available sewer capacity has been confirmed in writing by the Town and Region.  The Owner further agrees to save harmless the Town and Region from any claim or action as a result of water service and/or sewer capacity not being available when anticipated;

 

And that the Precinct Plan (Figure 5 of the staff report dated June 28, 2004) be approved subject to any changes resulting from revisions to the draft plan of subdivision;

 

And that the draft plan of subdivision prepared by Malone Given Parsons Ltd., identified as Project Number 02-1214, and attached as Figure 4 to the staff report dated June 28, 2004, be approved, subject to the conditions of Draft Plan Approval attached as Appendix ‘A’ to the staff report dated June 28, 2004, the execution of a comprehensive subdivision agreement and revisions to the draft plan including:

• changes required to reflect YRTP’s right-of-way requirements
• revisions to reflect the expanded park blocks
• reconfiguration of  development parcels abutting the park blocks
• appropriate corner roundings and day-light triangles
• Clegg Road and Cedarland Drive right-of-way requirements
• Access location and configuration to development blocks

 

And that Council enact the zoning by-law, including Hold (H) provisions, as discussed in this report and distributed under separate cover;

 

And that Council endorse, in principle, the Development Phasing Plan, subject to revisions, necessary, at the discretion of the Commissioner of Development Services, to reflect available servicing capacity, road and transit requirements; and that the applicant be requested to up-date the Warden West District Development Phasing Plan and revise the district targets to reflect Council’s approval, to the satisfaction of the Commissioner of Development Services;

 

And that the Owner be advised and acknowledge that there is no sanitary sewer capacity available to accommodate residential development at this time, and that the Town, in consultation with York Region, will not remove the Holding (H) provision appended to the zoning by-law or issue Site Plan approval for any residential block/building until such time as the Region confirms that there is available sanitary sewer capacity to accommodate the proposed development;

 

And that the Owner be advised and acknowledge that water capacity is limited to accommodate residential development at this time; that future water allocation, if any, will be granted at Site Plan approval stage for residential development, subject to Council receiving a letter from a Trustee appointed by the Markham Centre Developers Group supporting such allocation in the context of the overall water allocation to the Markham Centre Secondary Plan area; and, that the Town, in consultation with York Region, will not remove the Holding (H) provision appended to the zoning by-law or issue Site Plan approval for any residential block/building until such time as the Region confirms that there is available water capacity to accommodate the proposed development;

 

And that the release for registration of any phase of development will be subject to, among other matters:

 

• Availability of adequate water supply, sanitary sewer capacity and stormwater management facilities
• Adequacy of the existing and committed transportation infrastructure
• Enactment of an Area Specific Development Charges By-law
• Execution of a Development Phasing Agreement
• Implementation of the Unionville Traffic Management Plan, as applicable (through the Developers’ Group Agreement)
• Dedication of parkland (as applicable by phase)
• Incorporation of the requirements of an approved noise and/or vibration study
• Removal of the Holding provisions
• Site Plan Control Approval
• Implementation of the requirements of the Parking and Financial Strategy studies, as applicable
• Submission of a review of applicable Performance Measures for the release of each phase of the subdivision or each Site Plan Control application;

 

And that staff provide a verbal report on four outstanding issues at Council on June 30, 2004.

CARRIED

 

 

10.       RULAND PROPERTIES INC., THE REMINGTON GROUP
            PART OF LOTS 8 & 9, CONCESSION 5, MARKHAM CENTRE
            PEER REVIEW AND DRAFT ZONING BY-LAW AMENDMENT
            (ZA.01-0113929) (10.5)    Weblink

 

Moved by: Councillor K. Usman

Seconded by: Councillor S. Daurio

 

That Appendix A to the staff report dated June 28, 2004, regarding the draft Zoning By-law

amendment by Remington Group (ZA.01-0113929), be received;

 

And that correspondence from Rudy Buczolits of the Remington Group, dated June 25, 2004, be received;

And that the report dated June 28, 2004, entitled "Recommendation Report, Ruland Properties Inc. (The Remington Group) Peer Review and Draft Zoning By-law Amendment" be received;

 

And that Council receive the comments from the Planning and Legal Consultants retained to undertake a peer review of the Draft Zoning By-law Amendment, as discussed in this report;

 

And that the Markham Centre Zoning By-law be enacted.

CARRIED

 

 

11.       MARKHAM CENTRE GREENLANDS MASTER PLAN (10.8)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Jones

 

That the report, dated June 28, 2004 entitled “Recommendation Report - Markham Centre Greenlands Master Plan”, be received;

 

And that the final report dated June 4, 2004 prepared by Schollen & Company Inc. entitled “Markham Centre Greenlands Master Plan Report”, be endorsed in principle as a complementary document to the Rouge Park Official Plan Amendment and the Markham Centre Secondary Plan;

 

And that staff be directed to proceed with the development of an implementation strategy;

 

And that staff report back on appropriate funding for the development of a Greenlands Implementation Strategy, to be considered in the Urban Design capital budget for 2005;

 

And further that staff be directed to continue to work with developers to establish appropriate and innovative approaches for the implementation of the Greenlands Master Plan as identified in the Greenlands Master Plan Report, Development Principles and Performance Measures for Markham Centre.

CARRIED

 

 

12.       COR-LOTS DEVELOPMENTS LTD.,  NORTHEAST CORNER
            OF MARKHAM ROAD AND STEELES AVENUE EAST
            REZONING AND SITE PLAN APPLICATIONS TO PERMIT A
            STAND-ALONE FOOD STORE AND FUTURE RETAIL BUILDINGS
            (ZA.03-105639, SC.03-114802) (10.5, 10.6)   Weblink

 

Harry Froussios of Zelinka Priamo Ltd., representing the applicant, Cor-Lots Development Ltd., displayed elevations of the proposed development. Staff confirmed that the building signs will be subject to the provisions of the Sign By-law.

 

Moved by: Councillor K. Usman

Seconded by: Deputy Mayor F. Scarpitti

 

That the deputation by Harry Froussios of Zelinka Priamo Ltd., representing the applicant, Cor-Lots Development Ltd., be received;

 

And that the draft Zoning By-law, to exempt the lands subject to zoning amendment application ZA.03-105639 from Interim Control By-law 2002-215, as amended, be enacted;

 

And that the zoning by-law amendment application (ZA. 03-105639) submitted by Cor-lots Developments Ltd to permit a 5,535m² food store and three future retail buildings at the northeast corner of Markham Road and Steeles Avenue, be approved;

 

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

 

And that the Site Plan application (SC. 03-114802) submitted by Cor-lots Developments Ltd to permit a 5,535m² food store and three future retail buildings at the northeast corner of Markham Road and Steeles Avenue, be approved subject to the following conditions:

 

1.      That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services, and such drawings shall include the following revisions:

a.       any revisions required to implement the recommendations of the required traffic impact study and noise study;

b.      relocation of the third loading dock on the north side of the No Frills building; and

c.       revisions to ensure that the final elevations for Buildings ‘B’, ‘C’ and ‘D’ contain the following elements:

·        Main entrances for gateway buildings should be oriented towards the gateway feature;

·        Common cladding materials on all buildings;

·        A raised parapet above all customer entry doors;

·        Glazing over two-thirds of the street-facing elevations for Buildings ‘B’ and ‘C’;, and

·        Double glazed doors on the street-facing elevation.

 

2.      That a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted to the satisfaction of the Commissioner of Development Services, and such drawing shall include details for a landscaped public feature at the southwest corner of the site, and an upgraded landscape treatment along the Markham Road and Steeles Avenue frontages.

 

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

 

4.      That the Owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town and public agencies including the following:

a.       Provision for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations related to applicable Developers Group Agreements;

b.      Submission of as-built drawings of the relocated watermain and sanitary forcemain within the Town easement adjacent to Markham Road;

c.       Provision of an easement over Part 2, Plan 65R-24442 to include the sanitary forcemain and watermain;

d.      Certification that the existing services are abandoned; 

e.       Implementation of any recommended mitigation measures identified in the noise study to the satisfaction of the Town; and

f.        Provision for contribution toward future landscape and median improvements along Markham Road in keeping with planned Regional improvements and the recommendations of the Markham Road Corridor Study regarding the creation of an urban streetscape (e.g., sidewalks, landscaping, paving, etc).

 

5.      And that the site plan approval shall lapse after a period of three years commencing June 28, 2004 in the event a site plan agreement is not executed within that period.

 

CARRIED

 

 

13.       YORK DOWNS GOLF & COUNTRY CLUB
AUXILIARY WATER SUPPLY SYSTEM FOR IRRIGATION
RESPONSE TO QUESTIONS (5.3)     Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the staff report dated June 28, 2004, entitled “York Downs Golf & Country Club, Auxiliary Water Supply System for Irrigation- Response to Questions” be received;

 

And that the taking of water from the York Downs Stormwater Management Pond for irrigation purposes be authorized subject to the York Downs Golf and Country Club entering into an agreement with the Town incorporating conditions and fees, to the satisfaction of the Town Solicitor and the Director of Engineering;

 

And that Mayor and Clerk be authorized to execute the above-noted agreement for the auxiliary water supply for irrigation purposes for the York Downs Golf and Country Club;

 

And that the Town of Markham request the Ministry of the Environment to reduce the York Downs Golf and Country Club’s Permit to Take Water accordingly.

CARRIED

 

 

 

 

 

14.       IBM CANADA LIMITED, 3300 STEELES AVENUE EAST
NORTHWEST CORNER OF STEELES AVENUE AND VICTORIA
PARK AVENUE, OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENTS AND SITE PLAN APPROVAL TO PERMIT
A NEW TOYOTA AUTOMOBILE DEALERSHIP
(OP 04 006802, ZA 04 006805, SC 04 006813) (10.3, 10.,5, 10.6)   Weblink

 

Staff presented a list of site plan conditions for consideration, in the event the proposal is approved. Committee discussed landscaping along Steeles and Victoria Park Road, outdoor storage, the impact on the supply of employment lands, adding office towers, servicing issues, parking requirements, and ensuring the development is built as approved.

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That the Official Plan amendment application (OP 04 006802) submitted by IBM Canada Limited on behalf of Don Valley North Automobile Inc. for lands at the northwest corner of Steeles Avenue East and Victoria Park Avenue, be approved and the draft Official Plan amendment be finalized and adopted;

 

That the Zoning By-law amendment application (ZA 04 006805) to amend By-law 108-81, as amended, submitted by IBM Canada Limited on behalf of Don Valley North Automobile Inc. to permit a automobile sales and service uses, be approved and the draft Zoning By-law amendment be finalized and enacted;

 

That the Site Plan application (SC 04 006813) submitted by IBM Canada Limited on behalf of Don Valley North Automobile Inc. to permit a automobile dealership at the northwest corner of Steeles Avenue East and Victoria Park Avenue, be approved subject to the follow conditions:

 

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

 

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

 

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

 

4. That the Owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town and public agencies including the following:

 

a.                            Provision for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications and financial obligations related to applicable Developers Group Agreements;

 

b.                            Garbage shall be stored internally to the satisfaction of the Town’s Waste Management Department;

 

c.                            The Owner shall agree to implement and monitor on-site sediment and erosion control measures during construction of this development, as per “Ontario Guidelines on Erosion and Sediment Control for Urban Sites” to the satisfaction of the Director of Engineering,; and

 

d.                            The Owner shall install a spill control devise on this property and carry out yearly maintenance in accordance to manufacture’s recommendations.  The Owner agrees to allow the Town access to this site to conduct inspections to ensure that the spill control devise is being maintained.

 

5. The Owner shall obtain approval from the City of Toronto prior to commencing any work on the Steeles Avenue East road allowance;

 

6. The Owner shall submit to the Engineering Department for approval, site servicing and grading drawings, municipal service connections details, and a storm water management report, prior to the building permit stage.  Drawings are to be prepared and stamped by a Professional Engineer with a Certificate of Authorization from Professional Engineers of Ontario;

 

7. The Owner shall pay to the Town of Markham for the cost to improve the capacity of the sanitary sewer system, in order to accommodate this development;

 

8. The Owner shall apply for a Top Soil Removal Permit prior to stripping or removal of any topsoil from the site; and

 

9. The site plan approval shall lapse after a period of three years commencing June 28, 2004 in the event a site plan agreement is not executed within that period.                                          

CARRIED

 

 

15.       PARKING SITUATION AT ALMA WALKER PARK (5.12.4)  

 

On June 22, 2004, Council referred the matter of parking congestion around the soccer fields at Alma Walker Park, to Development Services Committee for an update from staff. Staff advised a meeting had taken place between the soccer organization, staff, and Council members, and the following mitigating measures were agreed upon:

 

- the third set of goal posts will be removed

- a letter will be sent to soccer parents requesting cooperation with respect to parking regulations

- By-law Enforcement staff will be in attendance during the next week to move cars along, and

  after that, will begin issuing tickets

- a By-law will be brought to Council to permit "NO PARKING FROM 6-8 PM ON

  WEEKDAYS" signs on surrounding streets

 

An additional measure, to move the "NO PARKING" signs from the residential side to the park side of the road, was deferred for future consideration. The Ward Councillor presented a "Community Update" letter on the issue.

 

Moved by: Councillor J. Webster

Seconded by: Regional Councillor J. Jones

 

That the update by staff and the Ward Councillor regarding parking congestion around the soccer fields at Alma Walker Park, be received.

CARRIED

 

 

Public Meetings - to Council

 

 

16.       SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY
10 ALLSTATE PARKWAY, ZONING BY-LAW AMENDMENT
TO PERMIT A COMMUNITY COLLEGE (ZA 03 118868) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Zoning By-law Amendment, File ZA 03 118868, submitted by Seneca College of Applied Arts and Technology to permit a community college at 10 Allstate Parkway.

 

Committee was advised that 35 notices were mailed on June 8, 2004, and a Public Meeting sign was posted on June 4, 2004. There were no written submissions received.

 

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

 

Peter Kiborn, 600-60 Columbia Way, Markham, representing the applicant, gave a brief presentation on the application and was available to answer any questions.

 

Jason Park, 200 King Street West, Toronto, representing two tenants at 10 Allstate Parkway, expressed his clients’ opposition to this application as it relates to parking provisions, traffic, noise and security.

 

Staff advised that these concerns have been discussed in detail and there will be a traffic impact study carried out to resolve the traffic issues.

 

Moved by: Mayor D. Cousens

Seconded by: Councillor J. Virgilio

 

That the deputation by Jason Park in opposition to the Zoning By-law Amendment, File ZA 03 118868, submitted by Seneca College of Applied Arts and Technology, be received;

 

And that the Development Services Commission report dated June 1, 2004 entitled “Preliminary Report, Application by Seneca College of Applied Arts and Technology for a Zoning By-law Amendment to Permit a Community College at 10 Allstate Parkway (File Number ZA 03 118868)” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to By-law 165-80 be received;

 

And that the application by Seneca College of Applied Arts and Technology to amend the By-law be approved, subject to a Holding provision being added to the zoning;

 

And that the proposed amendments to By-law 165-80 be enacted without further notice;

 

And further that the Site Plan application come back to Development Services Committee for approval.

CARRIED

 

 

17.       BRANSTONE ESTATES INC. (GREENPARK HOMES)
            BLOCKS 72, 73, AND 75, BERCZY VILLAGE COMMUNITY
            ZONING BY-LAW AMENDMENT FOR CONDOMINIUM TOWNHOUSES
            (ZA 04 006288) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Zoning By-law Amendment, File ZA 04 006288, submitted by Branstone Estates Inc. (Greenpark Homes) for condominium townhomes on Blocks 72, 73 and 75, Berczy Village Community.

 

Committee was advised that 74 notices were mailed on June 8, 2004, and a Public Meeting sign was posted on June 7, 2004. There were no written submissions received.

 

Staff gave a presentation regarding the proposal, the location, surrounding uses, and proposed uses of the subject property. A correction to the report was noted with respect to the width of road right-of-way.

 

John Beresford, on behalf of the application, was available to answer any questions.

 

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

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor J. Virgilio

 

That the report from the Development Services Commission report dated March 23, 2004 entitled “Branstone Estates Inc. (Greenpark Homes) Re Applications For Zoning By-law and Site Plan Approval For Condominium Townhouses (Blocks 72, 73 and 75 Plan 65M-3719)” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to By-law 177-96 as amended, be received;

 

And that the application by Branstone Estates Inc. (Greenpark Homes) to amend By-law 177-96 as amended, be approved;

 

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

CARRIED

 

 

18.       EUGENIO GARRITANO AND ALFIO FOTI
355-357 MAIN STREET MARKHAM NORTH
ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
TO CONSTRUCT SINGLE AND SEMI-DETACHED DWELLINGS
(ZA 04 010190) (10.5, 10.6)

 

Councillor J. Virgilio disclosed an interest with respect to the proposed development by Eugenio Garritano and Alfio Foti at 355-357 Main Street Markham North, by nature of representing the applicants, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

The Chair advised that the subject of the Public Meeting this date was to consider the Zoning By-law Amendment, File ZA 04 010190, submitted by Eugenio Garritano and Alfio Foti to construct single-family dwellings at 355-357 Main Street Markham North.

 

Committee was advised that 131 notices were mailed on June 8, 2004, and a Public Meeting sign was posted on June 8, 2004. There were no written submissions received.

 

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

 

Eldon Jones, 6 Elizabeth Street, Markham, approved of the application, as presented.

 

June Chuang, a resident of Deer Park Lane, spoke through an interpreter, of his objection to the application and his concerns with traffic issues.  Staff agreed to meet with Mr. Chuang to discuss these concerns.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor A. Chiu

 

That the deputation by June Chuang in opposition to the Zoning By-law Amendment

File ZA 04 010190, submitted by Eugenio Garritano and Alfio Foti to construct single-family dwellings at 355-357 Main Street Markham North, be received;

 

And that the Development Services Commission report dated May 18, 2004 entitled “Eugenio Garritano and Alfio Foti, Application for Zoning By-law Amendment to allow the development of 1 freehold semi-detached residential building, 2 new single detached residential buildings (4 new residential units in total) and to retain and restore the existing heritage dwelling as a single-detached dwelling at its existing location, 355-357 Main Street North, Markham Village Heritage Conservation District (ZA 04 010190)”, be received;

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendment to By-law 1229 as amended, be received;

 

And that the application by Eugenio Garritano and Alfio Foti for an amendment to By-law 1229, be approved;

 

And that the proposed amendment to By-law 1229, as amended, be enacted.

CARRIED

 

 

19.       TOWN-INITIATED OFFICIAL PLAN AND
THE CATHEDRAL COMMUNITY SECONDARY PLAN (OPA 42),
TO INCORPORATE THE WOODBINE AVENUE BY-PASS
AND OTHER TECHNICAL REVISIONS (OPA 01 118128) (10.3)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Town-initiated Cathedral Community Secondary Plan (OPA 42) File OPA 01 118128, to incorporate the Woodbine Avenue By-pass and other technical revisions.

 

Committee was advised that 409 notices were mailed on June 8, 2004, and a notice was published in the Markham Economist and Times on June 7, 2004. There were no written submissions received.

 

Staff gave a presentation regarding the proposal.

 

Graeme and Margaret Robb, P. O. Box 263, Gormley, spoke on behalf of Margaret Robb's  mother, who owns 10 acres on Elgin Mills Road, regarding concerns relating to the stormwater management pond.  Staff will meet with the Robb’s to discuss the plan in detail.

 

Professor Michael Kusner, 11030 Woodbine Avenue, Markham, expressed his appreciation to Deputy Mayor F. Scarpitti, and Regional Councillors J. Jones and J. Heath for their efforts at the recent Region of York meeting on this issue.  He stated his concerns over what will happen to the hamlet of Victoria Square, its relationship with the Cathedral, and the proposed by-pass.  Committee advised that, at a meeting held earlier in the day, it was agreed to have Victoria Square designated as a Heritage Conservation District Study Area.

 

Moved by: Councillor D. Horchik

Seconded by: Deputy Mayor F. Scarpitti

 

That the deputations by Graeme and Margaret Anne Robb and Professor Michael Kusner regarding concerns for the Town-initiated Cathedral Community Secondary Plan (OPA 42) to incorporate the Woodbine Avenue By-pass and other technical revisions, be received;

 

And that the Development Services Commission information report dated June 1, 2004 entitled “Preliminary Report - Staff-initiated amendments to the Markham Official Plan and the Cathedral Community Secondary Plan (OPA 42) to incorporate the Woodbine Avenue By-pas and other technical revisions (File OPA 01 118128)” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to the Markham Official Plan (Revised 1987) and Secondary Plan PD 39-1 for the Cathedral Community (OPA 42) be received;

 

And further that the draft amendment the Markham Official Plan (Revised 1987) and Secondary Plan PD 39-1 for the Cathedral Community, as amended, be adopted and referred to the Region of York for approval.

CARRIED

 

 

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Other matters considered by Development Services Committee on June 28, 2004:

 

 

 

20.       ROGERS CABLE AND BALLARD POWER SYSTEMS INC.
            ALTERNATIVE ENERGY SUPPLY (10.0)

 

Councillor J. Virgilio disclosed an interest with respect to the proposed alternative energy supply by Rogers Cable and Ballard Power Systems Inc., by nature of being the father of an employee of Rogers Cable and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Town staff, John Armstrong of Rogers Cable, and representatives of Ballard Power Systems Inc. gave a presentation on the joint venture for an alternative energy supply for a passive optical network in Cornell, Phase 6, which will be the leading edge of technology.

 

Committee supported the initiative. Committee also made comments to Mr. Armstrong, requesting that Rogers endeavour to complete boulevard repairs in a more timely manner, and that attempts be made to reduce the subscriber cost of the internet to the public.

 

Moved by: Mayor D. Cousens

Seconded by: Regional Councillor J. Jones

 

That the presentation by Town staff, John Armstrong of Rogers Cable and a representative of Ballard Power Systems Inc., regarding the joint venture for an alternative energy supply, be received.

CARRIED

 

 

 

 

 

 

 

 

 

21.       NEW BUSINESS - NOTICE OF MOTION
CONDEMNATION OF VIOLENCE AND HATE CRIMES (12.2.6)

 

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

 

That Council consider the following Motion:

 

That the Town of Markham strongly condemns the recent anti-Semitic violence and hate crimes committed against the Jewish Community in the Town of Markham;

 

And that such acts of violence and hate will not be tolerated by Council of the Town of Markham.

CARRIED 

 

 

22.       ELLINGTON PARK PROJECT (10.6)

 

Dave de Sylva of Avant Investments Inc., gave a presentation regarding the Ellington Park project at the north-east corner of Verclair Gate and Highway 7. Mr. de Sylva displayed a scale model of the proposed 2-building residential development, and discussed parking, landscaping, access, and other details of the plan.

 

Committee questioned a previous proposal for the site and a possible retail component. Staff noted that the zoning is in place for the application, and it only requires site plan approval and a fence by-law amendment, as well as resolution of servicing issues.

 

Moved by: Mayor D. Cousens

Seconded by: Councillor

 

That the presentation by Dave de Sylva of Avant Investments Inc., regarding the Ellington Park project be received;

 

And that the application for Ellington Park by Avant Investments Inc., be referred to staff to continue working with the applicant.

CARRIED

 

 

23.       MARKHAM CENTRE, REMINGTON BY-LAW (10.5)

 

Nick McDonald of Meridian Planning Consultants gave a presentation regarding the Remington By-law, which will help establish a comprehensive planning process for implementing Markham Centre. The By-law will establish two zones: Markham Centre - Downtown (MC-D); and Markham Centre - Public Space (MS-PC), and is intended to encourage establishment of a Public Transit System. Holding provisions will be placed on all development, to ensure Council is satisfied with the progress.

 

Committee requested a map be provided at Council on June 30, 2004, showing all approved lands east of the Railroad and demonstrating the staging of development in Markham Centre. Discussions included how to ensure development proceeds as envisioned.

 

Moved by: Councillor S. Daurio

Seconded by: Councillor K. Usman

 

That the presentation by Nick McDonald of KLM Planning Partnership Inc. regarding the Remington By-law be received.

CARRIED

 

24.       DIRECTIONS ON AFFORDABLE HOUSING
            FINANCIAL INCENTIVES STUDY (10.7)

 

The Town's Consultant, John Gladki of GHK International, gave a presentation regarding the Affordable Housing Financial Incentives Study.

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Jones

 

That the Consultant presentation by John Gladki of GHK International, regarding the Affordable Housing Financial Incentives Study be received and referred to staff for a report.

 

CARRIED

 

25.       DANIEL MASIN, 8953 WOODBINE AVENUE
            BUTTONVILLE CRESCENT SERVICING (5.5 & 5.4)

 

Daniel Masin, 8953 Woodbine Avenue, made a deputation regarding Buttonville Crescent Servicing. Mr. Mason advised that he represents the community with respect to complaints regarding the drainage on Buttonville Crescent. He also addressed a personal issue with respect to the cost of connecting to the force main for servicing.

 

Staff responded to Mr. Masin's comments, advising that a number of meetings have been held with residents. An agreement has been reached and contractors have restored the proper drainage for the area. Mr. Masin's request to have the force main extended in order to allow him to connect more economically, would set an adverse precedent.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

 

That the correspondence from Daniel Masin, 8953 Woodbine Avenue, dated May 26, 2004 regarding Buttonville Crescent Servicing, and from Allan Arbuckle, Manager of Infrastructure and Capital Works, dated May 14, 2004, in response to inquiries by Mr. Masin, be received;

 

And that the deputation by Mr. Daniel Masin, regarding Buttonville Crescent Servicing, be received.

CARRIED

26.       JIM KIRK, MALONE GIVEN PARSONS LTD.
            RE: COMMERCIAL POLICY REVIEW, AND
            MILLER PAVING LTD. COMMERCIAL APPLICATION (10.0)

 

Jim Kirk of Malone Given Parsons Ltd., made a deputation regarding the Town's Commercial Policy Review and the application by Miller Paving Ltd. for a commercial project at Woodbine Avenue and Miller Avenue. Mr. Kirk requested that as the Commercial Policy Review Committee deliberates over the summer, that the attributes of this proposal be considered.

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the deputation by Jim Kirk of Malone Given Parsons Ltd., regarding the Town's Commercial Policy Review and the application by Miller Paving Ltd. for a commercial project at Woodbine Avenue and Miller Avenue, be received.

CARRIED

 

 

27.       MAIN STREET MARKHAM COMMITTEE MINUTES
- June 16, 2004 (16.39)     Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the minutes of the Main Street Markham Committee meeting held June 16, 2004, be received for information.

CARRIED

 

 

28.       HERITAGE MARKHAM COMMITTEE MINUTES
- June 9, 2004 (16.11)      Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the minutes of the Heritage Markham Committee meeting held June 9, 2004, be received for information.

CARRIED

 

 

29.       REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF MAY 21, 2004 TO JUNE 3, 2004 (10.0)   Weblink

 

Regional Councillor J. Heath requested staff to provide him with more details regarding the application by 1046748 Ontario Limited, at 121 Robinson Street.

 

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of May 21, 2004 to June 3, 2004” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

 

 

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

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That Council be advised that in accordance with Delegation By-law 2002-202, and additional site specific delegations authorized by Development Services Committee, the Commissioner of Development Services or the Director of Planning and Urban Design have approved applications listed in the report dated, June 28, 2004.

CARRIED

 

 

31.       WYKLAND ESTATES INC. (MATTAMY HOMES)
DRAFT APPROVED PLAN OF SUBDIVISION 19TM-030003
APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT ADDITIONAL COMMERCIAL USES ALONG BUR OAK AVENUE
SOUTH OF 16^TH AVENUE IN THE CORNELL COMMUNITY
(ZA 04  014002) (10.5)     Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That a Public Meeting be held to consider the application submitted by Wykland Estates Inc. (Mattamy Homes)  (ZA 04  014002) for zoning by-law amendment to permit additional commercial uses along Bur Oak Avenue south of 16^th Avenue within draft approved plan of subdivision 19TM-030003. 

CARRIED

 

 

32.       STATUS REPORT - CORNELL SECONDARY PLAN UPDATE (10.4)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That the staff report entitled “Status Report - Cornell Secondary Plan Update” dated June 28, 2004 be received;

 

And that the draft updated secondary plan document referred to in the staff report be released for comment;

 

And that staff be authorized to schedule a Public Meeting to consider the updated secondary plan once the document has been refined to the satisfaction of staff.     

CARRIED

 

 

33.       973125 ONTARIO LTD. AND CONSTANTINOS PALLAS
9250 WARDEN AVENUE, DRAFT PLAN OF SUBDIVISION
AND ZONING BY-LAW AMENDMENT (SU 04 016284, ZA 04 016314)
(10.5, 10.7)     Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That a Public Meeting be held to consider the applications by 973125 Ontario Ltd. and Constantinos Pallas Developments Ltd. for approval of a Draft Plan of Subdivision and Zoning By-law Amendment for lands at the southwest corner of 16^th Avenue and Warden Avenue (SU 04 016284 & ZA 04 016314).

CARRIED

 

 

34.       UNIONVILLE MONTESSORI SCHOOL (1038715 ONTARIO LTD)
9302 KENNEDY ROAD, OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS AND SITE PLAN APPROVAL TO PERMIT THE
CONSTRUCTION OF 1,166 M² BUILDING FOR THE UNIONVILLE MONTESSORI SCHOOL (OP 03 119515, ZA 03 119513, SC 03 119516)
(10.3, 10.5, 10.6)    Weblink

 

Moved by: Councillor D. Horchik

Seconded by: Councillor K. Usman

 

That the applications submitted by the Unionville Montessori School for Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval to permit the construction of a 1,166 m² building for the Unionville Montessori School at 9302 Kennedy Road, be referred back to staff for further discussion with the applicant, and other property owners in the area, on the need for a comprehensive review of the future pattern of development in the Future Urban Area north of 16^th Avenue and west of Kennedy Road;

 

And that a Public Meeting be held to consider the applications submitted by the Unionville Montessori School for Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval (OP 03 119515, ZA 03 119513, SC 03 119516) at 9302 Kennedy Road, on or about September, 2004.

CARRIED

35.       MINTO MARKHAM PARTNERSHIP
NORTHWEST CORNER OF ROUGE BANK DRIVE & 9^TH LINE
OFFICIAL PLAN AMENDMENT TO REDESIGNATE LANDS FROM NEIGHBOURHOOD COMMERCIAL TO LOW DENSITY HOUSING.
LEGACY COMMUNITY (OP 04 013980)(10.5)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Jones

 

That a Public Meeting be held to consider the official plan amendment application (OP.04-013980), submitted by Minto Markham Partnership to redesignate the subject lands from Neighbourhood Commercial to Low Density Housing.

CARRIED

 

36.       STREET NAME RESERVE LIST
2004 SECOND QUARTER UPDATE (10.14)    Weblink

 

Committee directed staff to review the street name approval process, as some names appear to have been assigned to a subdivision without being on the street name reserve list.

 

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

 

That Development Services Committee receive the updated street name reserve list for the second quarter of 2004, attached as Appendix ‘A’ to the June 28, 2004 staff report.

 

CARRIED

 

37.       STAFF-INITIATED AMENDMENT TO THE OFFICIAL PLAN
TO REDESIGNATE THE LANDS AT THE NORTH-EAST CORNER
OF MCCOWAN ROAD AND BULLOCK DRIVE, FROM “BUSINESS CORRIDOR AREA” TO “MAJOR COMMERCIAL AREA”
(OPA 04 017774) (10.3)    Weblink

 

Regional Councillor J. Heath disclosed an interest with respect to the proposed Official Plan amendment for lands at the north-east corner of McCowan Road and Bullock Drive, File OPA 04 017774, by nature of owning property in the area, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Moved by: Councillor D. Horchik

Seconded by: Councillor K. Usman

 

That the staff report entitled  “PRELIMINARY REPORT – Staff-initiated amendment to the Official Plan to redesignate the lands at the north-east corner of McCowan Road and Bullock Drive from “Business Corridor Area” to “Major Commercial Area,” be received;

 

And that a Public Meeting be scheduled for August 30, 2004 to consider the proposed Official Plan Amendment. 

CARRIED

 

38.       MARKHAM FAMILY YMCA, 7996 KENNEDY ROAD
            SITE PLAN APPROVAL (SC 03.118511) (10.6)   Weblink

 

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

 

That the recommendation report entitled “Markham Family YMCA, Site Plan Approval, 7996 Kennedy Road, Concession 5, Part Lot 8, File Number SC 03.118511” be received;

 

And that the site plan application (SC 03.118511) for the lands at 7996 Kennedy Road be approved for the Markham Family YMCA, subject to the following conditions:

 

1. That the owner shall submit final drawings for the entire site, including but not limited to, site plans and elevations drawings, landscape plans, and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

2. That the owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town, Region of York and other public agencies prior to commencing any work on the site or road allowance, including providing any associated financial securities;

 

3. That the owner shall ensure satisfactory arrangements have been made to satisfy all obligations, financial or otherwise required in the site plan agreement, including provision for payment of all applicable fees, recoveries, cash-in-lieu of parkland, Developer’s Group obligations, local services contributions and development charges, including any applicable arrangements with the Town pertaining to the Town’s financial commitment to the cost of constructing the facility;

 

4. That a Landscape Plan and Landscape Phasing Plan be submitted, prepared by a Landscape Architect having O.A.L.A. membership, incorporating the required enhanced landscaping elements along the future “YMCA Boulevard”, in accordance with the criteria of the Town of Markham Urban Design Department, to be approved by the Commissioner of Development Services;

 

5. That owner prepare a tree inventory and preservation plan, to be approved by the Commissioner of Development Services.  The owner covenants and agrees not to remove or allow the removal of any trees without prior written approval of the Town.  In the event a tree to be preserved is damaged, dies as a result of act or omission, or is removed, the owner shall provide a replacement tree(s) as approved by the Town or funds equivalent to the values as set out in the International Society of Arboriculture Guide for Plant Appraisal;

 

6. That the owner shall provide a Letter of Credit based upon an appraised value for the trees to be retained;  both the retention and monetary value of the trees are to be assessed by an Arbourist as per Town standards;
7. That the owner shall covenant and agree in the site plan agreement to provide for the urbanization and landscaping of “YMCA Boulevard” including the construction of sidewalks along the entire frontage of the YMCA lands and the leased parking property to the west at no cost to the Town, and in accordance with the plans approved by the Town, to the satisfaction to the Commissioner of Development Services.  A Letter of Credit will be required for any required works that cannot be completed at the time of construction pending final urban design studies;

 

8. The owner shall contribute to downstream stormwater quality control retrofit projects in the amount of $21,855.77 per impervious hectare of developable land, or provide equivalent on-site stormwater quality control, plus spill control based on impervious ground area as required by provincial policy;

 

9. The owner shall provide a cultural heritage resource assessment for the lands to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of

Development Services) and the Ministry of Citizenship, Culture and Recreation.  No demolition, grading, filling or any form of soil disturbances shall take place on the lands within the plan are prior to the issuance of a letter from the Ministry of Citizenship, Culture and Recreation to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements; 

 

10. The Owner shall covenant and agree in the site plan agreement to implement any measures recommended by the heritage resource assessment, to the satisfaction of the Town and the Ministry of Citizenship, Culture and Recreation.  Should archaeological remains be found on the property, the owner shall immediately notify the Ministry of Citizenship, Culture and Recreation.  The Owner shall also immediately notify the Ministry of Citizenship, Culture and Recreation and the Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations if human remains are encountered during construction.  The Owner shall also agree to the inclusion of the above requirements in the site plan agreement;

 

11. That the owner be required to decommission the existing residential septic system and connect the heritage home to municipal services, to the satisfaction of the Director of Engineering;

 

12. That the owner enter into a Heritage Easement Agreement (Thomas Rivis House) with the Town prior to execution of the site plan agreement and provide a letter of credit of the amount of $25,000.00;

 

13. That the owner shall agree in the site plan agreement with the Town to provide a detailed preservation, restoration and landscape plan for the designated heritage home (Thomas Rivis House);

 

14. That the owner provide a Markham Remembered Plaque outlining the history of the house.  The plaque is to be installed by the owner at a visible location on the property;

 

15. That the owner permit the Town (Heritage Planning Section) the opportunity to review and document the existing historic barn prior to removal;

 

16. That the owner offer the barn and out building or component parts and items stored therein to the Markham Museum;

 

17. That the owner advertise the availability of the buildings for relocation elsewhere in the community or the salvaging of architectural features on the Architectural Conservancy of Ontario website and in a newspaper which covers the Town of Markham (Thornhill Liberal and Markham Economist & Sun) for a period of not less than two (2) weeks prior to demolition, and to submit proof of this advertising;

 

18. That the demolition of the out buildings be undertaken in such a manner as to expose the construction techniques used in the subject building for documentation and educational purposes;

 

19. That the Commissioner of Development Services be authorized to modify the site plan and elevations as outlined in the report as may be necessary to permit development to occur in keeping with the intent of Town guidelines, standards and performance measures, as well as to reflect key transportation infrastructure and servicing requirements;

 

20. That Council be kept apprised of any modifications to the site plan and elevations which may have a significant effect on the overall delivery of the municipal services, roads or the YMCA facility;

 

21. And further that the site plan approval will lapse after a period of three years commencing June 28, 2004, in the event that a site plan agreement is not executed within that period. 

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

COMMUNICATIONS

 

 

39.       OLD MARKHAM VILLAGE RATEPAYERS
            BIG BOX DEVELOPMENTS (10.0)

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor A. Chiu

 

That correspondence from the Old Markham Village Ratepayers, dated June 1, 2004, regarding the potential for Big Box development north of Markham Village, be received.

CARRIED

 

 

40.       MINISTER OF ENVIRONMENT, WHITE PAPER OF
            WATERSHED-BASED SOURCE PROTECTION PLANNING (10.0)

           

Moved by: Councillor J. Virgilio

Seconded by: Councillor A. Chiu

 

That correspondence from the Minister of Environment, dated June 8, 2004, acknowledging the Town's response to the Ministry's White Paper on Watershed-based Source Protection Planning, be received.

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART C

Public Meeting

7:00 p.m. - Council Chamber

 

Attendance

Chair:  Councillor G. McKelvey Members:             Mayor D. Cousens (7:20)             Deputy Mayor  F. Scarpitti             Regional Councillor J. Jones             Councillor S. Daurio             Councillor J. Virgilio             Councillor J. Webster             Councillor D. Horchik             Councillor K. Usman (7:40)             Councillor A. Chiu

J. Livey, Chief Administrative Officer C. Conrad, Town Solicitor V. Shuttleworth, Director of Planning and Urban Design R. Blake, Senior Project Coordinator B. Karumanchery, Senior Project Coordinator S. Kitagawa, Acting Senior Project Coordinator T. Kanji, Senior Planner D. Miller, Senior Planner M. Seaman, Senior Planner G. Sellars, Senior Planner K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 7:10 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair. 

 

 

41.       FOREST BAY HOMES LTD.
NORTHEAST CORNER OF MARKHAM ROAD AND STEELES AVE.
REZONING APPLICATION FOR PHASE 5 AND PHASE 6 OF
THE VILLAGES OF FAIRTREE COMMUNITY (ZA 04 015117) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Zoning By-law Amendment, File ZA 04 015117, submitted by Forest Bay Homes Ltd., for Phase 5 and Phase 6 of the Villages of Fairtree Community at the northeast corner of Markham Road and Steeles Avenue.

 

Committee was advised that 53 notices were mailed on June 8, 2004, and a Public Meeting sign was posted on June 7, 2004. There were no written submissions received.

 

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

 

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

 

Moved by:  Mayor D. Cousens

Seconded by:  Councillor J. Webster

*

That the Development Services Commission report dated June 1, 2004 entitled “Preliminary Report, Forest Bay Homes Ltd. Rezoning Application for Phase 5 and Phase 6 of the Villages of Fairtree Community at the northeast corner of Markham Road and Steeles Avenue (ZA 04 015117)” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to By-law 90-81 be received;

 

And further that the application by Forest Bay Homes Ltd. to amend By-law 90-81 be referred back to staff for a report and recommendation.

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

*          Amended by Council at its meeting held June 30, 2004, to read as follows:

 

"That the Development Services Commission report dated June 1, 2004, entitled "Preliminary Report, Forest Bay Homes Ltd. Rezoning Application for Phase 5 and Phase 6 of the Villages of Fairtree Community at the northeast corner of Markham Road and Steeles Avenue (ZA04-015117)" be received;

 

And that the Record of the Public Meeting held on June 28, 2004, with respect to the proposed amendments to By-law 90-81 be received;

 

And that the application by Forest Bay Homes Ltd. to amend By-law 90-81 be approved;

 

And further that the proposed amendment to By-law 90-81 be enacted without further notice."

CARRIED

 

 

42.       IBRANS DEVELOPMENT LTD., 7033 14^TH AVENUE
ZONING BY-LAW AND DRAFT PLAN OF SUBDIVISION (19TM-04001)
BOX GROVE COMMUNITY (SU 04 009413, ZA 04 009405)(10.5, 10.7)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Zoning By-law Amendment and draft plan of subdivision, Files SU 04 009413 and ZA 04 009405, submitted by Ibrans Development Ltd., for 7033 14^th Avenue in the Box Grove Community.

 

Committee was advised that 21 notices were mailed on June 8, 2004, and a Public Meeting sign was posted on June 4, 2004. There were no written submissions received.

 

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

 

Gary Templeton, representing the applicant, was available to speak to any concerns.

 

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

 

Moved by: Councillor K. Usman

Seconded by: Councillor J.Webster

 

That the Development Services Commission report entitled “Ibrans Development Ltd., 7033 14^th Avenue, Zoning By-law Amendment and subdivision applications to permit a draft plan of subdivision containing 56 residential units and future reserve blocks (19TM-04001) Box Grove Community Files SU 04 009413 and ZA 04 009405” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the applications for subdivision approval and zoning by-law amendment submitted by Ibrans Development Ltd., be received;

 

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

CARRIED

 

 

43.       TOWN-INITIATED HOUSEKEEPING AND ZONING BY-LAW
AMENDMENT, BY-LAW 177-96 (ZA 04 013653) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Town-initiated Zoning By-law Amendment, File ZA 04 013653, to amend By-law 177-96 for housekeeping purposes.

 

Committee was advised that 68 notices were mailed on June 8, 2004, and Public Meeting Notices were posted in the Markham Economist and Sun and the Thornhill Liberal on June 8 and June 15, 2004. There were no written submissions received.

 

Staff gave a presentation regarding the proposal.

 

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

 

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Councillor K. Usman

 

That the Development Services Commission report dated June 1, 2004 entitled “Preliminary Report, By-law 177-96 - Housekeeping and Zoning By-law Amendment (File ZA 04 013653)” be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the proposed amendments to By-law 177-96 be received;

 

And further that the proposed amendments to By-law 177-96 be referred back to staff for a report and recommendation.

CARRIED

 

 

44.       ALAWN LAI, 6155 16^TH AVENUE
ZONING BY-LAW AMENDMENT TO FACILITATE SEVERANCE
INTO FOUR RESIDENTIAL LOTS (ZA 04 007115)(10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider the Zoning By-law Amendment, File ZA 04 007115, submitted by Alawn Lai to facilitate severance of 6155 16^th Avenue into four residential lots.

 

Committee was advised that 74 notices were mailed on June 8, 2004, and a Public Meeting sign was posted on June 3, 2004. There was one written submission received from Mike and Barb Kavanagh, 6145 16^th Avenue, with concerns.

 

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

 

Mike and Barb Kavanagh, 6145 16^th Avenue, Markham, were present and spoke of their concerns. They also presented a petition containing 200 signatures in opposition to this application.  There are serious concerns over traffic issues and the already extremely busy intersection.

 

Ben Quan, representing the client, was available to answer any questions.

 

There followed general discussion on a number of issues relating to traffic, lot width, and the number of lots.  Councillor J. Webster agreed to arrange an informal meeting in late July with residents and the applicant to address these issues and possible alternative uses for the property.

 

Moved by: Councillor J. Webster

Seconded by: Councillor A. Chiu

 

That the written submissions by Mike and Barb Kavanagh, with concerns regarding the Zoning By-law Amendment, File ZA 04 007115, submitted by Alawn Lai, be received;

 

And that the deputation by Mike and Barb Kavanagh in opposition to the Zoning By-law Amendment, File ZA 04 007115, submitted by Alawn Lai, be received;

 

And that the Record of the Public Meeting held on June 28, 2004 with respect to the application by Alawn Lai for 6155 16^th Avenue to amend Zoning By-laws 304-87 and 177-96, as amended, be received;

 

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

 

And that a traffic impact study be carried out;

 

And further that Councillor J. Webster will arrange an informal meeting over the summer with the concerned parties to look at resolving issues and alternate uses for the property.

 

CARRIED

 

 

ADJOURNMENT

 

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