MINUTES
DEVELOPMENT SERVICES COMMITTEE
2005-11-08 -
All
Members of Council
Development
Services Economic
Development
Chair: Councillor G. McKelvey Chair: Councillor J. Virgilio
Vice-Chair: Councillor D. Horchik
PART A -
PART B -
Attendance
Deputy Mayor F. Scarpitti ( Regional Councillor J. Heath ( Regional Councillor J. Jones ( Regional Councillor B. O’Donnell Councillor S. Daurio Councillor J. Webster Councillor G. McKelvey Councillor D. Horchik Councillor K. Usman ( Councillor A. Chiu Regrets Mayor D. Cousens Councillor J. Virgilio |
J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Taylor, Commissioner or Corporate Services S. Andrews, Manager of Development Engineering S. Birrell, Town Clerk C. Conrad, Town Solicitor S. Heaslip, Senior Project Coordinator V. Shuttleworth, Director of Planning and Urban Design B. Wiles, Manager of Enforcement and Licensing K. Bavington, Committee Clerk |
The Development Services Committee convened at the hour of
DISCLOSURE OF INTEREST
Councillor D. Horchik disclosed an interest with respect to Item # 19,
the proposal by Angus Glen Farm Ltd. And Angus Glen Golf Club Ltd. in the
Committee agreed with the concerns of the Heritage Markham Committee regarding the GO Transit kiosk, in light of the efforts made to restore the train station. It was suggested that a meeting be held with GO officials first, and if necessary, a strongly worded letter from the Mayor would be sent. The CAO agreed to contact the General Manager of GO Transit.
Moved by: Councillor J. Webster
Seconded by: Regional Councillor J. Heath
That the extract of Item # 15 from the minutes of the October 12, 2005 meeting of the Heritage Markham Committee, regarding the kiosk at the Markham Train Station at 214 Main Street, be received;
And that the recommendation of the Heritage Markham Committee be endorsed;
And that the CAO contact
the General Manager of GO Transit, to convey the strong concerns of Council on
this issue;
And that, following the efforts of the CAO, if necessary, the Town of Markham send a letter to the Chair of GO Transit outlining Heritage Markham’s concerns:
1. There was no consultation with any of
2. There was no discussion with respect to the most suitable location for the kiosk;
3. Internally illuminated panels are not permitted in a heritage area;
4. The Committee is concerned that advertising may be placed on the large expanse on the sides of the kiosk;
And further that a copy of the letter
be forwarded to Mr. Tony Wong, M.P.P. for
CARRIED
Moved by: Regional Councillor J. Heath
Seconded by: Regional Councillor J. Jones
That Council approve the following applications for Commercial Façade Improvement Grants in the following amounts subject to the applicants obtaining the necessary approvals, entering into a Grant Agreement with the Town, and subject to the noted conditions:
·
And that Council approve the following application for a Signage Replacement Grant in the following amount subject to the applicant obtaining the necessary approvals:
·
And
that the Mayor and Clerk be authorized
to execute a Façade Easement Agreement with property owners who receive a grant
of $5,000 or more, and any other documents required to give effect thereto, in
a form satisfactory to the Town Solicitor;
And
that the programs be funded through the following Development Services
CARRIED
Moved by: Regional Councillor J. Heath
Seconded by: Councillor J. Webster
That the November 8, 2005
report entitled “Bur Oak
Avenue/Highway 7 Underground Crossing Agreement with the Ministry of
Transportation in the Cornell Community and Agreement with the
Cornell Developers Group” be received;
And that the Mayor and Clerk
be authorized to execute an agreement to allow for the construction of the
storm and sanitary sewers and watermain across the Ministry of Transportation
Hwy # 7 right-of-way at Bur Oak Avenue in the Cornell Community subject to the
conditions being satisfactory to the C.A.O., the Director of
And that the Mayor and Clerk
be authorized to execute an agreement with the Cornell Developers Group to
secure all costs and permit requirements imposed by MTO to facilitate the
construction and maintenance of the storm and sanitary sewers and watermain
across the Ministry of Transportation Hwy # 7 right-of-way at Bur Oak Avenue
subject to the satisfaction of the C.A.O., the Director of
And that the Minister of
Transportation be requested to expedite the approval of the permit for the
storm, sanitary and watermain crossings under Hwy #7 at
CARRIED
Staff advised that a full service component is included in the site plan.
Scott Walker of Walker, Nott, Dragicevic Associates Limited, representing the Applicant, Shell Canada Limited, displayed site plans and elevations.
Committee requested staff to consider the use of darker glass on the
car wash building, and to discuss with the Region the possibility of freeing up
servicing allocation if the wastewater is discharged into the storm sewers
instead of the sanitary sewers.
Moved by: Councillor D. Horchik
Seconded by: Councillor A. Chiu
That the record of the Public Meeting held on August
30, 2005, regarding the application for Zoning By-law Amendment, file ZA 05
012130, submitted by Shell Canada Limited, to permit an Automobile Service
Station at the northwest corner of Highway 7 and
And that the application to amend the zoning by-law to permit a gas station, car wash and convenience store, be approved and the implementing by-law be enacted without further notice;
And further that the application for site plan approval for a gas station, car wash and convenience store be endorsed with the following conditions:
*
* Amended by Council on
“And that the site plan agreement incorporate all
authorized requirements of the Region of
CARRIED
Public
Meetings – to Council
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Zoning
By-law amendment, File ZA 05 014888, submitted by Roseport Investments Limited,
to permit accessory retail and restaurants at
Committee was advised that 199
notices were mailed on
1.
Gary Hudson of Darton Property Advisors and Managers Inc. representing
First Markham Place, in support
2.
YRCC # 894, 3229/3235 Highway 7 East, in support
3.
YRCC # 902, 3255 Highway 7 East, in support
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Joanne Barnett of the Kerbel
Group Inc., representing the Applicant, Roseport Investment Limited, was in
attendance to answer any questions.
Eric Ng,
Committee discussed the timing
of this development relative to construction of the
Staff noted that the by-laws
will not be presented for enactment until the all the details have been
finalized, and that an update will be provided regarding the parking study.
Moved by: Deputy Mayor F.
Scarpitti
Seconded by: Councillor A.
Chiu
That the written submission
from Gary Hudson of Darton Property Advisors and Managers Inc. representing
First Markham Place, YRCC # 894, and YRCC # 902, in support of the proposed
Zoning By-law amendment, File ZA 05 014888, submitted by Roseport Investments
Limited, for 250 Yorktech Drive, be received;
And that the deputation by
Eric Ng, representing First Markham Place, in support of the proposed Zoning
By-law amendment, File ZA 05 014888, submitted by Roseport Investments Limited,
for 250 Yorktech Drive, be received;
And that the Development
Services Commission staff report dated August 30, 2005, entitled “Preliminary
Report, Roseport Investments Limited at 250 Yorktech Drive, Zoning Amendment
application to permit 30% accessory retail and restaurants, in addition to
existing permitted uses and to revise parking requirements”, File Number ZA 05
014888” be received;
And that the record of the
Public Meeting held on
And that the application by
Roseport Investments Limited to amend By-law 165-80 be approved;
And further that the proposed
amendments be enacted without further notice.
CARRIED
The Chair
advised that the subject of the Public Meeting this date was to consider the
proposed Zoning By-law amendment, File ZA 05 015902, submitted by Behram and
Anahita Faroogh (Radiant Way Montessori), to permit a Montessori School at 9718
McCowan Road.
Committee was
advised that 35 notices were mailed on
Staff gave a
presentation regarding the proposal, the location, surrounding uses, and
outstanding issues.
Joanne
Barnett of the Kerbel Group Inc., representing the Applicant, Behram and
Anahita Faroogh, was in attendance to answer any questions.
Committee
discussed possible access from the condominium property to the west, and
relocation of the
Staff
confirmed that the valley lands on the subject site will be conveyed as public
lands, and that discussions are ongoing regarding buffer lands. Committee
requested an update on this issue prior to enactment of the by-laws. There were
no comments from the public with respect to this application.
Moved
by: Councillor A. Chiu
Seconded
by: Regional Councillor J. Heath
That
the report from the Development Services Commission dated September 20, 2005,
entitled “Applications for Zoning By-law Amendment and Site Plan Approval by
Behram and Anahita Faroogh (Radiant Way Montessori) to permit a Montessori
pre-school at 9718 McCowan Road, Markham” be received;
And
that the record of the Public Meeting held on November 8, 2005 with respect to
the proposed amendment to By-law 304-87, as amended, be received;
And
that the applications by Behram and Anahita Faroogh (Radiant Way Montessori) to
amend By-law 304-87, as amended, be approved;
And
that the proposed amendment to By-law 304-87, as amended, be enacted without
further notice;
And that prior to enactment, staff report back to Council on conveyance
of valley lands and buffer lands, and on providing access through the adjacent
westerly property.
CARRIED
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Zoning
By-law amendment, File ZA 05 006325, submitted by Bruce N. Huntley Contracting
Limited, to permit commercial uses on Anderson Avenue, on the east side of
Highway 48.
Committee was advised that 34
notices were mailed on
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Rob Freeman, representing the
Applicant, Bruce N. Huntley Contracting Limited, advised that he is working
with staff to finalize outstanding issues.
Committee discussed tree
planting requirements, setbacks, and the appropriate amount of retail
commercial uses as contemplated by the John Winter Study. Staff will resolve
jurisdiction issues on Highway 48, and will review the recently-submitted site
plan application prior to presenting the by-laws for enactment.
There were no comments from
the public with respect to this application..
Moved by: Councillor D.
Horchik
Seconded by: Regional
Councillor B. O’Donnell
That the Development Services
Commission report dated March 22, 2005, entitled “Preliminary Report,
Application by Bruce N. Huntley Contracting, for Zoning By-law Amendment, north
and south sides of Anderson Avenue, east side of Highway 48, ZA 05 006235”, be
received;
And that the Development Services
Commission report dated October 4, 2005, entitled “Supplementary Preliminary
Report, Application by Bruce N. Huntley Contracting, for Zoning By-law
Amendment, north and south sides of Anderson Avenue, east side of Highway 48,
ZA 05 006235”, be received;
And that the record of the
Public Meeting held on November 8, 2005 with respect to the proposed amendment
to By-laws 88-76 and 177-96 be received;
And further that the
application made by Bruce N. Huntley Contracting to amend By-laws 88-76 and
177-96, be approved;
And that the proposed
amendment to By-laws 88-76 and 177-96, be enacted without further notice, once site plan approval has been resolved to staff’s satisfaction.
CARRIED
-----------------------------------------------------------------------------------------------------------------
Other matters considered at
Development Services Committee on November 8, 2005:
------------------------------------------
IN CAMERA
Moved by: Councillor A. Chiu
Seconded
by: Regional Councillor B. O’Donnell
That the Development Services Committee recess
in-camera at
CARRIED
Moved by: Councillor D. Horchik
Seconded by: Councillor K. Usman
That the
Committee rise from in-camera at
CARRIED
----------------------------------------------------------------------------------------------------
The following staff were presented with service awards:
Ron Roffey, Truck Driver, Roads Maintenance – 15 years
Elvio Valente, Supervisor, Zoning, Building Standards - 15 years
Todd Wilkinson, Sr. Provincial Offenses Officer, By-law Enforcement and Licensing – 15 years
Thomas Kliem, Sr. Capital Engineer, Engineering, Infrastructure & Capital Projects – 10 years
Kyle Eden, Waterworks Operator II, Waterworks – 5 years
Tapio Koponen, Gardener, Parks Maintenance, Central Parks Shop – 5 years
Wendy Woof-Severn, Marketing and Development Coordinator, Markham Theatre – 5 years
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That the
minutes of the
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That the
minutes of the
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That the
minutes of the
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
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 A. Chiu
Seconded by: Councillor J. Webster
That
Committee receive the report entitled “Report on Incoming
CARRIED
Committee expressed
concern that design features are changed by developers after approval by the
Town. Staff was directed to continue to ensure that potential limitations are
indicated to Council, and that the community is involved in determining
alternate features.
Moved by: Councillor A. Chiu
Seconded by: Councillor D. Horchik
That the staff Memorandum
dated
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That a Public
Meeting be held to consider the applications submitted by Cornell Rouge Development Corp. (Madison Homes / Forest
Hill Homes) for draft plan of subdivision approval and
implementing zoning to permit the second phase of a residential plan of
subdivision located west of Reesor Road and south of 16th Avenue
within the Cornell Community.
CARRIED
Moved by: Councillor A. Chiu
Seconded by: Councillor J. Webster
That the staff report entitled “Preliminary
Report: Mohammed Khan in Trust,
Application to amend the zoning by-law to permit 6 residential lots,
And that a Public Meeting be held to
consider the zoning application (ZA 05 019772) and
a subdivision application, when the
required subdivision application is submitted.
CARRIED
Staff gave an overview of the application for a
variance to the Fence By-law for
Adam Znajewski of
The Committee considered that a higher fence may not relieve the noise impacts on the second floor, and suggested that other attenuation measures might be more feasible, such as a timer on the pump to shut it off at night. Councillor S. Daurio offered to work with staff and the neighbours to implement alternate measures.
Committee was concerned for the precedent this request may set, and considered approval for a section of the fence, from the front face of the house to the back face of the house, only.
Moved by: Deputy Mayor F. Scarpitti
Seconded by: Councillor A. Chiu
That the deputation by Adam Znajewski of
And that the report entitled
“Variance to the Fence By-Law 277-97 at
And that the request to grant
relief from the provisions of the Fence By-Law 277-97 to permit a 2.4 m (8 ft.)
high privacy wood fence, whereas 1.8 m (6 ft.) is the maximum permitted fence
height in a side yard, be deferred to the next
Development Services Committee meeting to
allow an opportunity for Town staff and Councillor S. Daurio to work on
a solution with the neighbours.
CARRIED
PART C
Public Meeting
Attendance
Deputy Mayor F. Scarpitti Regional Councillor J. Heath Regional Councillor B. O’Donnell Councillor J. Webster Councillor G. McKelvey Councillor D. Horchik Councillor A. Chiu Regrets Mayor D. Cousens Regional Councillor J. Jones Councillor S. Daurio Councillor E. Shapero Councillor J. Virgilio |
J. Baird, Commissioner of Development Services S. Bordone, Development Engineer G. Day, Planner S. Heaslip, Senior Project Coordinator A. Henriques, Planner R. Kendall, Senior Project Coordinator S. Kitagawa, Acting Senior Project Coordinator V. Shuttleworth, Director of Planning and Urban Design K. Bavington, Committee Clerk |
The Development Services Committee convened at the hour of
See also, Items 5, 6, and
7.
DISCLOSURE OF INTEREST
Councillor D. Horchik disclosed an interest with respect to the
proposal by Angus Glen Farm Ltd. And Angus Glen Golf Club Ltd. in the
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Secondary
Plan and Zoning By-law amendments, and draft plan of subdivision, Files OP 03
112028, SU 03 109045, ZA 03 109048, submitted by Angus Glen Farm Ltd. and Angus
Glen Golf Club Ltd., for the West Village in the Angus Glen Community.
Committee was advised that 854
notices were mailed on
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Patrick O'Hanlon, representing
Angus Glen Farm Ltd. and Angus Glen Golf Club Ltd. was in attendance to answer
any questions. Mr. O'Hanlon advised that the applicant is continuing to work
with staff and TRCA on outstanding issues.
Arthur Divers,
Claudio Piccolotto,
Ted Shepherd, 66 The Fairways,
representing the Angus Glen Ratepayers Association, commended the proposal. He
requested that the Ratepayers be involved in development of trail way system.
Fadel Fahmy,
Staff explained that the
existing Secondary Plan has been in place for many years, and that the current
proposal is to actually decrease the permitted density. The two lots proposed
to be reduced from one-third acre were identified in the north-west corner of
the site.
Committee requested staff
consider a road access to the west to
Committee directed that the tree
preservation plan and the servicing plan be provided to the public for review,
when determined, and stated that staff and Committee members are available to
speak with residents. The public was advised to leave their names with the Town
if they wish notification when this application comes back to the Committee,
likely in the New Year.
Moved by: Councillor A. Chiu
Seconded by: Regional
Councillor B. O’Donnell
That the written submission
from Fadel and Magda Fahmy, in opposition to the proposed Secondary Plan and
Zoning By-law amendments, and draft plan of subdivision, Files OP 03 112028, SU
03 109045, ZA 03 109048, submitted by Angus Glen Farm Ltd. and Angus Glen Golf
Club Ltd., be received;
And that the deputations by Patrick
O'Hanlon, representing Angus Glen Farm Ltd. and Angus Glen Golf Club Ltd. and
Ted Shepherd representing the Angus Glen Ratepayers Association in support, and
by Arthur Divers representing the Devil’s Elbow Ratepayers Association, Claudio
Piccolotto, and Fadel Fahmy, in opposition to the proposal by Angus Glen Farm
Ltd. and Angus Glen Golf Club Ltd., be received;
And that the report from the
Development Services Commission dated August 30, 2005, entitled “Angus Glen
Farm Ltd. and Angus Glen Golf Club Ltd., Revised Applications for Secondary
Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision, Angus
Glen Community – West Village”, be received;
And that the record of the
Public Meeting held on November 8, 2005 with respect to the draft plan of
subdivision and proposed amendments to the Secondary Plan and 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.
CARRIED
The Chair advised that the
subject of the Public Meeting this date was to consider the proposed Official
Plan and Zoning By-law amendments, Files OPA 05 011355, OPA 04 028705, ZA 04
028706, submitted by Lindvest Properties (Cornell) Limited, south of Highway 7
and west of the Markham By-pass.
Committee was advised that 23
notices were mailed on
Staff gave a presentation
regarding the proposal, the location, surrounding uses, and outstanding issues.
Dan Leeming of the Planning
Partnership, and representatives of Watchorn Architect Inc., representing the Applicant, Lindvest
Properties, gave a detailed presentation on the proposal.
Renee Torrington,
Sharon Russell, 7265 Highway,
stated that she is one of two small-parcel land owners, which are also Heritage
Homes. Ms. Russell stated that the developer has not communicated with them,
and they have not been involved in the development of the plan, and also, that they
had not received a notice for this Public Meeting. Ms. Russell objected to the
proposed 17-storey high-rise adjacent to her property.
Glenn Russell, 7265 Highway 7,
discussed the lack of communication by the developer, and unsuccessful notification
by the Town, and requested more time to provide comments on the proposal. He
questioned the property identified as a community park. Mr. Russell referred to
an earlier promotional publication by Cornell which highlighted the Heritage
Homes as protected assets, yet current plans show them as a transit parking
lot. He stated that he has invested a lot in his property and will be impacted
by the proposed development.
Bob Reesor,
Mr. Reesor questioned the
setbacks, and requested the same setbacks as are provided by Little Rouge
River, as well as that the small strip of land between the two small properties
remain undeveloped.
The Chair directed the Clerk
to check into the notice delivery, and directed staff to meet with the Russells
and Reesors, and advised that staff will ensure they will have an opportunity
to make a further presentation to Committee or Council, if necessary.
Staff addressed some of the
comments made by the residents regarding building height and density along the
Highway 7 corridor.
Committee discussed the
Secondary Plan process, and timing of development. Committee supported the
design efforts, but noted the need for more parking structures. Concern was
expressed for provision of notice as well as for the lack of involvement of
land owners.
Committee also commented on
long-term phasing, commercial proposals at 9th Line and Highway 7,
the potential traffic increase resulting from the proposed density of the high-rise
blocks, and an appropriate location for the bus loop.
Moved by: Councillor J.
Webster
Seconded by: Regional
Councillor J. Heath
That the written submission
from Miguel Singer of Cornell Rouge Development Corp., in support of the
proposed Official Plan and Zoning By-law amendments, Files OPA 05 011355, OPA
04 028705, ZA 04 028706, submitted by Lindvest Properties (Cornell) Limited, be
received;
And that the presentation by
Dan Leeming of the Planning Partnership, and representatives of Watchorn
Architect Inc., representing the Applicant, Lindvest Properties, be received;
And that the deputations by Renee
Torrington, Sharon Russell, Glenn Russell, and Bob Reesor, with concerns regarding
the proposed Official Plan and Zoning By-law amendments, Files OPA 05 011355,
OPA 04 028705, ZA 04 028706, submitted by Lindvest Properties (Cornell)
Limited, be received;
And that the record of the
Public Meeting held on November 8, 2005 with respect to the applications by
Lindvest Properties (Cornell) Limited for Official Plan Amendment and
rezoning (Files OPA 05 011355, OPA 04
028705, ZA 04 028706) to revise the land use and policy regime for the lands
south of Highway 7 and west of the Markham By-pass in the Cornell Community, be
received;
And that the applications be
referred back to staff for a report and recommendation.
And that property owners,
community representatives, staff, and the Ward Councillor meet for input into
the resulting report.
CARRIED
ADJOURNMENT
The Development Services Committee meeting adjourned at the hour of