MINUTES
DEVELOPMENT SERVICES COMMITTEE
2006-04-18
All
Members of Council
Development
Services Economic
Development
Chair: Councillor G. McKelvey Chair: Councillor J. Virgilio
Vice-Chair: Councillor D. Horchik
PART A - 11:00 a.m. - Canada Room
PART B -
Attendance
Mayor D. Cousens ( Deputy Mayor F. Scarpitti (left
– Regional Councillor J. Heath ( Regional Councillor J. Jones Regional Councillor B. O’Donnell Councillor S. Daurio Councillor E. Shapero ( Councillor J. Virgilio ( Councillor J. Webster Councillor G. McKelvey Councillor D. Horchik Councillor K. Usman ( Councillor A. Chiu (left: left – 5:20) |
J.
Livey, Chief Administrative Officer J.
Baird, Commissioner of Development Services A.
Taylor, Commissioner of Corporate Services M.
Boyce, Senior Policy Coordinator A.
Brown, Director of Engineering C.
Conrad, Town Solicitor S.
Chait, Director, Economic Development D.
Ciastko, Senior Economic Development Officer D.
Clark, Town Architect B. Cribbett, Treasurer L.
Duoba, Project Coordinator S.
Heaslip, Senior Project Coordinator R.
Hutcheson, Manager, Heritage Planning L.
Irvine, Manager, Parks and Open Space Planning B.
Karumanchery, Manager, East District R. T. Lambe, Manager, Policy and Research J.
Lustig, Director of Financial and Client Services S.
Marsh, Senior Planner, Urban Design A.
Mukherjee, Manager, Transportation Engineering G.
Sellars, Senior Planner V.
Shuttleworth, Director of Planning and Urban Design N.
Surti, Planner K.
Webber, Administrative Assistant B.
Wiles, Manager of Licensing and Enforcement L.
Wimmer, Senior Planner, Urban Design M.
Wouters, Senior Planner K.
Bavington, Committee Clerk |
The Development Services
Committee convened at the hour of
DISCLOSURE OF INTEREST – None Declared
Staff
gave a presentation on the residential neighbourhoods, parks and open space
components of the draft Cornell Secondary Plan. Cornell has 4.31 acres of open
space per 1,000 population, whereas the
Staff gave a presentation regarding transportation in Cornell, and discussed transit, parking, roads, and Traffic Demand Management issues. A consultant has been retained to prepare a transportation analysis.
Moved by: Regional Councillor J. Jones
Seconded by: Deputy Mayor F. Scarpitti
That the staff presentation regarding the Draft Cornell Secondary Plan, residential neighbourhoods, parks, open space, and transportation, be received.
CARRIED
Staff outlined the 2006 – 2010 Capital Projects Parks Construction Plan, for consideration in the Development Charges review scheduled for later in 2006. Staff advised that 153 ha. of new parks will have been established between 2004 and 2012, at an estimated cost of $75 million.
An update was provided regarding current community park construction in Wismer, Angus Glen, and the Villages of Fairtree. Staff will report back to the Committee later this year on a long-term financial strategy and adjusted Development Charges for the parks program.
Moved by: Councillor D. Horchik
Seconded by: Councillor J. Webster
That the staff presentation regarding the Five Year Capital Projects, Parks Construction Plan, be received.
CARRIED
The
Committee discussed various cross-border transportation and planning issues,
and noted that the City of
A motion
to request intervention by the Province was considered, and the Committee
agreed to receive a staff update at the General Committee meeting on
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor J. Virgilio
That the
staff presentation regarding City of
CARRIED
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IN
CAMERA
4. LEGAL
MATTER (6.3, 8.2)
Moved by: Regional Councillor B. O'Donnell
Seconded by: Councillor D. Horchik
That the Development
Services Committee recess in-camera at
CARRIED
Moved by: Regional Councillor J. Jones
Seconded by: Regional Councillor B. O'Donnell
That the Committee rise from in-camera at
CARRIED
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The following staff were presented with service awards:
Brian Hall, Parks Labourer/Driver, Operations, Park Central Shop – 30 years
Warren Watson, Fitness Coordinator, Centennial Community Centre – 20 years
Robert Hincks, Group Leader, Central Parks Shop – 20 years
Terry Fowler, Parks Labourer/Driver, Central Parks Shop – 15 years
Judie Ellsmere-Poole, Customer Service Rep., Armadale Community Centre – 15 years
Robert Tadmore, Coordinator, Geomatics/GIS Advocate, Planning and Urban Design – 10 years
Peter Veiga, Supervisor, Waste Management Operations – 10 years
Jeff Heaman, Arborist, Parks – Forestry – 10 years
Nick Katsoulis, Firefighter, Fire and Emergency Services – 10 years
James Pink, Firefighter, Fire and Emergency Services – 10 years
Jason Best, Firefighter, Fire and Emergency Services – 10 years
Donald Maich, Firefighter, Fire and Emergency Services – 10 years
Robert West, Firefighter, Fire and Emergency Services – 5 years
Selva Thuraiappah, Financial Analyst, Accounting, Financial Services – 5 years
Miranda Miluzzi, Manager, Tax and Cash Management, Financial Services – 5 years
John Swan, Manager, Client Service Delivery, Information Technology Service – 5 years
John Ryerson, Manager,
Marco Antonellis, Building Inspector I, Building Inspections – 3 years
Melissa VanBerkum, Assistant Town Solicitor – Legal Services – 3 years
Murray Boyce, Senior Project Coordinator, Planning and Urban Design – 3 years
Gord Weeden and Louis Yeager of
The Committee discussed Federal action with respect to the airport land and the growing importance of open space as the population grows. Committee also discussed the development and administration of the Bob Hunter Park.
Questions were raised concerning the
Appreciation was expressed for the leadership and work
of the
Moved by: Councillor K. Usman
Seconded by: Councillor J. Webster
That the presentation by Gord Weeden and Louis Yeager of
CARRIED
Staff clarified that the application by Woodbine International Hotel, Trade and Conference Centre would be presented to the Committee and is not delegated to staff.
Committee expressed concern for the number of portable classrooms being proposed by the York Region District School Board and deferred approval of nine such applications until the School Board has made the presentation on this issue, scheduled for May 15, 2006 at the General Committee meeting, or sooner if it can be arranged.
Committee requested details of the parking structure for Kolter Properties Limited, by e-mail.
Moved by: Councillor D. Horchik
Seconded by: Regional Councillor J. Heath
That Committee receive the
report entitled “Report on Incoming
And that the nine applications for portable school
classrooms be deferred until the
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That
Council be advised that in accordance with Delegation By-law 2002-202, and
additional site specific delegations authorized by Development Services
Committee, the Commissioner of Development Services or the Director of
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That Development Services
Committee receive the updated street name reserve list for the first quarter of
2006, attached as Appendix ‘A’ to the
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That as recommended by Heritage Markham, the John Ramer House and Barn– 6278 19th Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;
And that the Clerk’s Department
be authorized to publish and serve Council’s Notice of Intention to
And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;
And that if there are any objections in accordance
with the provisions of the Ontario Heritage Act, the Clerk be directed
to refer the proposed designation to the Ontario Conservation Review Board.
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That the report dated
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That a Public Meeting be held to consider the applications for Zoning By-law Amendment and Draft Plan of Subdivision (ZA 06 106303, SU 06 106298), submitted by Flato Development Inc. to permit 62 residential units and commercial, park and school blocks at 272 Old Kennedy Road.
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That a Public Meeting be
held to consider the Zoning By-law Amendment application (ZA 06 108306)
submitted by Little’s Meadow Lawn Fairway, to permit a golf driving range as a
temporary use on lands located east of Ninth Line, north of Steeles Avenue.
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That at Public Meeting be held to consider the application submitted by
Miller Paving Limited for draft plan of subdivision (19TM06001) to create
industrial and commercial development at
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That a Public Meeting be held to consider the re-zoning application submitted by Richard Kearney to add office commercial uses as a permitted use at 373 Main Street, which is currently zoned residential.
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That the report entitled “Town Transfer of Utility Easements to Bell Canada, Woodbine Mackenzie Subdivision, Phase 1,” dated April 18, 2006 be received;
And that a by-law be enacted authorizing the Mayor and Clerk to execute the conveyance of an easement to Bell Canada in a form satisfactory to the Town Solicitor over part of Block 147, Plan 65M-3670, designated as Part 1, Plan 65R-26491, for the purpose of installing an above ground cabinet by Bell Canada;
And that such conveyance shall be granted by the
Town of
a) A payment of $1,000.00 plus G.S.T. for Legal
expenses plus disbursements,
b) A payment of $1,000.00 plus G.S.T. in total for
c) A payment of $1,000.00 plus G.S.T. in total for
Landscape fees,
d) A payment of $10,000.00 for the
easement, defined as Part 1, Plan 65R-26491,
e) Completion
of all landscape works by September 30, 2006, as per approved landscape
drawings dated April 1, 2005, for an approximate total cost of $28,500.00,
f) The
Urban
g) The
Urban
And that the Development Service Commission and
Legal Department report back with a policy as to the location, approval
process, location and compensation for large utility vaults in new/existing
communities.
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That a Public Meeting be scheduled to consider the zoning application (ZA 06-110406) by IBM Canada Limited to extend the Temporary Use By-law permitting the temporary surface parking lot at 8200 Warden Avenue for an additional three years;
And that the expanded notice procedures for
applications in Markham Centre not be applied to this application.
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor K. Usman
That the
application submitted by Dudley Kissoore to re-designate
68 Cachet Parkway from Rural Residential to Urban Residential in order to
permit the severance and subsequent creation of an additional residential lot be
denied.
CARRIED
Report Figures By-Law Correspondence Financial
Committee received correspondence from Eileen Liasi and other residents of German Mills, with concerns regarding the proposal for front and exterior yard parking in residential areas.
Staff gave a presentation on the background of the front and exterior yard parking issue in residential areas. Input has been considered, and a strategy has been prepared for consideration involving refinements to the zoning by-law, an education plan, and on-street parking enforcement components. A Consultant will assist in developing a communication plan, and enforcement will not commence until the spring of 2007 to allow for compliance and education.
Staff clarified that improper parking pads do not have to be removed, unless they are within municipal boulevards, but they cannot be parked on. Grandfathering is not included in the provisions, but if it is legally non-conforming, such as in older areas where it may pre-date the by-laws, it would be allowed to continue. Owners may also apply for a Minor Variance, which would qualify for the reduced $650 technical variance fee.
Committee discussed at length circular driveways, education and
communication plans, on-street parking and grandfathering issues.
Robin Sommer,
Eileen Liasi,
Shirley Mootoo,
Stephanie Myers,
Staff responded to comments and advised that they are comfortable with the proposed zoning provisions. Staff discussed grandfathering, on-street parking, and the public communications and education program. Enforcement would not start until 2007, and would first be applied to the worst contraventions. Staff also noted that it is not reasonable to legitimize all illegal situations by enforcing the standards on a go-forward basis.
Committee discussed the need for more public education and to advise
builders of new regulations. Current regulations are advertised on the Town’s
web page and in the home-buyers guide. It was noted that education cannot occur
until the by-law is enacted, as the provisions of the by-law could change.
Suggestion were made to form a community working group and to provide a warning
clause in Agreements of Purchase and
Concern was expressed for potential delays in dealing with this matter, as complaints are being received, and driveways are being illegally widened in anticipation of the new regulations.
A Motion to defer this matter for one month to allow for a Public Meeting to be held, was lost.
A Motion to add “in Principle” to the end of the clause dealing with endorsement of the strategy to regulate private property parking, was lost.
Committee agreed to change the word “program” to “regulations” in the clause dealing with the communications strategy.
Committee requested notice of this matter being considered at the
Council Meeting scheduled for
Committee consented to vote on each clause separately.
Moved by:
Councillor S. Daurio
Seconded
by: Regional Councillor B. O'Donnell
That correspondence dated
And that the deputations by Robin Sommer, Eileen Liasi, Shirley Mootoo, and Stephanie Myers, with objections o the proposed Front and Exterior Yard Parking regulations, be received;
And that the report to Development Services Committee dated
And that the Record of
the Public Meeting held on
And that the strategy to regulate private property parking in front and exterior yards outlined in an August 30, 2005 staff report, presented at the November 22, 2005 Public Meeting and further refined and described in the April 18, 2006 staff report, comprised of zoning, communications, on street parking and enforcement components, be endorsed;
And that Council
determine pursuant to Section 34(17) of the
And that an amending
By-law to implement the zoning component of the strategy be approved and the
implementing amendments to the Town’s By-laws be finalized and enacted;
And that Corporate Services Commission staff be authorized to retain consultants to develop a communications strategy and plan for all components of the proposed strategy and for the development of best practices and criteria for an on-street parking permit regulations;
And that a $50,000 capital project be established, funded from the 2006 Operating Surplus, if any, and the Corporate Rate Stabilization Reserve, if required, for the development of a communication strategy and plan (including a public notification process and production costs) and development of best practices and criteria for the establishment of an overnight on-street parking permit program, using external suppliers.
CARRIED
Committee received correspondence from Tony Masongsong, representing 1113529 Ontario Inc., requesting an adjustment to the application fees. Donald Hindson, representing 113529 Ontario Inc., made a deputation regarding this issue.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor K. Usman
That a
Public Meeting be held to consider the applications submitted by Neamsby
Investments Inc. (19TM-06005); Mauro
Guglielmo and Fulton Homes Limited (19TM-06002); Neamsby
Investments Inc., 517737 Ontario Ltd and Cedarland Properties Ltd.
(19TM-06006); and 1113529 Ontario Inc. (19TM-06010) for approval of four
proposed industrial plan of subdivisions and implementing zoning by-laws for
properties located on the south side of 14th Avenue between Markham
Road and Middlefield Road, municipally known as 5659, 5685, 5711, 5757, 5821,
5845, 5865, 5875 and 5933 14th Avenue.
CARRIED
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor K. Usman
That the correspondence dated March 17, 2006, from Tony Masongsong of Masongsong Associates Engineering Limited, representing 1113529 Ontario Inc., requesting an adjustment to the application fees, be received;
And that the deputation by Donald Hindson, representing 113529 Ontario
Inc., application File SU 06 109644, be received;
And that the 2005 fee structure be applied to the applications
submitted by 113529 Ontario Inc.
CARRIED
Moved by: Regional Councillor B. O'Donnell
Seconded by: Regional Councillor J. Heath
That the report entitled “Site Alteration By-law to Regulate or Prohibit Removal of Topsoil, Placing or Dumping of Fill and Alteration of Grade of Land within the Town of Markham” dated April 18, 2006, be received;
And that the “Site Alteration By-law” to regulate or prohibit removal
of topsoil, placing or dumping of fill and alteration of grade of land with the
Town of Markham be enacted in a form substantially similar to Attachment ‘1’
hereto and to the satisfaction of the Director of
And that By-laws # 215-91 and # 2001-53 be repealed upon enactment of the new By-law;
And that Fee By-law # 2002-276 be amended to authorize the imposition of the fees and charges as set out in Attachment ‘2’;
And that an application for a set fine order by the Regional Senior Justice of the Ontario Court of Justice regarding offences under the new Site Alteration By-law be made by the Town Clerk;
And that Mr. G. McMillian, Senior Manager, Resource Sciences, Water and
Energy Management of the Toronto Region Conservation Authority (TRCA) be
provided with a copy of this Report and the resolution of Council in respect of
same.
CARRIED
Committee received correspondence from Barry A. Horosko of Bratty and Partners, representing 2015776 Ontario Inc., adjacent land owner, with comments regarding road development.
Staff explained that the recommendation for zoning approval includes ‘Hold’ provisions that will ensure standard Markham Centre standards and conditions are met, including road dedication and easements.
Herman Grad and Al Libel were in attendance representing Leisureworld Inc., (Hilton Suites Hotel) and provided assurances that the applicant is working with staff to finalize easements, dedications, and other requirements.
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor J. Jones
That correspondence from Barry A. Horosko of Bratty and Partners, representing 2015776 Ontario Inc., land owner to the west and south of the property subject to the application by Leisureworld Inc, with comments regarding road development, be received;
And that the deputation by Herman Grad and Al Libel representing Leisureworld Inc., (Hilton Suites Hotel), be received;.
And that the staff report entitled “Recommendation Report, Leisureworld
Inc. (Hilton Suites Hotel), Zoning By-law Amendment Application
to permit a Condominium Apartment Development
(File number ZA 04 012403)” be received;
And that the Zoning By-law
Amendment application be approved and the draft Zoning By-law Amendments be
finalized and enacted.
CARRIED
Committee
agreed to defer this matter to allow more time to provide notice to interested
persons.
Moved by: Councillor J. Webster
Seconded by: Councillor E. Shapero
That
consideration of the staff report and recommendation dated April 18, 2006,
regarding the appropriate name for the existing Ninth Line in the Box Grove
Community, be deferred to the May 2, 2006 Development Services Committee meeting
to allow notice to be provided.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Councillor K. Usman
That
the Official Plan Amendment application (OP 05 012450) submitted by 1297482
Ontario Limited to permit a 4-storey apartment building containing 16 units at
7713 Kennedy Road, on the east side of Kennedy Road south of 14th
Avenue, be approved and the draft Official Plan Amendment be finalized and
adopted;
And
that the Zoning By-law Amendment application (ZA 05 008482) to amend By-law
193-81, as amended, submitted by 1297482 Ontario Limited to permit a 4-storey
apartment building containing 16 units at 7713 Kennedy Road, on the east side
of Kennedy Road south of 14th Avenue, be approved and the draft
Zoning By-law Amendment be finalized and enacted;
And that the Site Plan application (SC
05 008498) submitted by 129742 Ontario Limited to permit a 4-storey apartment building containing 16
units at 7713 Kennedy Road, on the east side of Kennedy Road south of 14th
Avenue, be endorsed in principle, subject to the standard conditions listed in
Appendix ‘C’;
And
that servicing allocation for 16 units be granted to the proposed apartment
development as per Council’s
And
that the Region of York be advised of the servicing allocation for this
development;
And
that the Town reserve the right to revoke or reallocate water and sewage
allocation at its sole discretion;
And
that the Owner provide the necessary serving easements to the Town;
And
that the applicant be required to pay their proportionate share of the
Hwy. 48 flow control measures, to the satisfaction of the Director of
Engineering.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Regional Councillor B. O'Donnell
That draft plan of
subdivision 19TM-05001 (SU 05 008628) located on lands south of 14th
Avenue, east of Kennedy Road, at the west end of Chiavatti Drive, proposed by
1297482 Ontario Limited, be draft approved subject to the conditions outlined
in Appendix ‘A’ and any additional conditions to be submitted by the Region of
York;
And that Zoning By-law Amendment
application (ZA 05 008640) to amend By-law 193-81, as amended, submitted by
1297482 Ontario Limited, be approved and the implementing Zoning By-law be
finalized and enacted;
And that servicing
allocation for 16 units be granted to Draft Plan of Subdivision 1297482 Ontario
Limited (19TM-05001) as per Council’s
And that the Region of
York be advised of the servicing allocation for this development;
And that the Town reserve
the right to revoke or reallocate water and sewage allocation at its sole
discretion;
And that the Owner provide
a 3-metre wide servicing easement to the Town along the north lot line of
And that the
applicant be required to pay their proportionate share of the Hwy. 48 flow
control measures, to the satisfaction of the Director of Engineering;
And that the applicant
provide to the Town the required payment of 30% subdivision processing fees in
accordance with the Town’s Fee By-law (By-law 2005-357).
CARRIED
Committee received correspondence from:
- Kara
and Peter John,
- Stephen
Kotyck,
- John
and Karen Kessel,
- Kevin
J. Hebib,
Staff reviewed the proposal and advised that due to the grading on the subject property, a height restriction is being recommended to permit only bungalows.
Bobby Bhoola, representing the applicant, Wynberry Developments Inc., and David Hill of Ballentry Homes were in attendance. They stated their concerns for the height restriction and the side yard setback requirement of six feet.
Some Committee members expressed an interest in further review and a possible site visit of the property.
Moved by: Councillor J. Virgilio
Seconded by: Regional Councillor B. O'Donnell
That correspondence from Kara and Peter John, Stephen Kotyck (3), John and Karen Kessel, and Kevin J. Hebib, with concerns regarding the proposal by Wynberry Developments Inc. in the Wismer Commons Community, be received;
And that the deputations by Bobby Bhoola, representing the applicant, Wynberry Developments Inc., and David Hill of Ballentry Homes, with concerns for the staff recommendations, be received;
And that consideration of the draft plan of
subdivision 19TM-01020 (Phase 2) (Wynberry
Developments Inc.), located on the south side of Monkhouse Road,
east of Spencer Avenue, be deferred to the
Development Services Committee meeting on May 2, 2006, to allow for further
review.
CARRIED
ECONOMIC DEVELOPMENT
Councillor J. Virgilio assumed the Chair for Economic Development items,
Nos. 27 and 28.
Staff gave a presentation with respect to the Markham Small Business Enterprise Centre’s 2006/07 Business Plan, and outlined the highlights from the past year.
Committee discussed the Centre’s cooperative efforts with the Library Board, and expressed appreciation for the work of the staff at the Centre.
Moved by: Regional Councillor J. Jones
Seconded by: Councillor K. Usman
That the report entitled “
CARRIED
Staff advised that the high-technology industry and the life sciences
sector are two of the main areas of focus for the Economic Development
Department’s activities in business development. The 2004 survey indicates a
growth of 5.6 % in businesses and 6% in employment since 2003. Recognized as
Moved by: Councillor K. Usman
Seconded by: Regional Councillor J. Heath
That the report entitled “Markham High-Tech Industry and Life Sciences Cluster” be received.
CARRIED
COMMUNICATIONS
RECOMMENDATION:
That Development Services Committee receive and consents to the disposition of Item No. 29 in the following manner:
Committee has technical questions and will be looking for information from a Regional presentation scheduled for a future General Committee meeting.
Moved by: Councillor K. Usman
Seconded by: Regional Councillor J. Heath
That the correspondence dated April 5, 2006 from the Transportation and Works Committee of the York Region, regarding the Water and Wastewater Infrastructure Status Report, be received,
CARRIED
ADJOURNMENT
The Development Services
Committee meeting adjourned at the hour of