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