M I N U T E S
COMMITTEE OF THE WHOLE
2003-07-08
Canada
Room and Council Chambers
Attendance
|
Mayor????????????????????????? D. Cousens Regional Councillors???? F. Scarpitti ??????????????????????????????????? T. Wong Councillors ????????????????? S. Daurio ??????????????????????????????????? E. Shapero ??????????????????????????????????? J. Virgilio (4:30 p.m.) ??????????????????????????????????? J. Heath (4:35 p.m.) ??????????????????????????????????? D. Horchik ??????????????????????????????????? K. Usman (4:50 p.m.) ??????????????????????????????????? A. Chiu |
J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development ?? Services K. Bavington, Committee Clerk B. Cribbett, Treasurer R. Blake, Senior Project Coordinator A. Brown, Director of Engineering D. Clark, Town Architect C. Conrad, Town Solicitor P. Miller, Manager, Secretariat Services J. Sales, Commissioner of Community ?? and Fire Services V. Shuttleworth, Director of Planning & Urban ?? Design A. Taylor, Commissioner of Corporate Services M. F. Turner, Strategy, Innovations and ?? Partnerships M. Urquhart, Senior Planner |
The Committee of the Whole meeting convened at the hour of 4:30 p.m. with Mayor D. Cousens in the Chair.
DISCLOSURE OF INTEREST
Councillor K. Usman disclosed an interest with respect to Committee of the Whole Item No. 6 with respect to the site plan proposal by Tenstone Development Inc. at the northeast corner of Highway 7 and Town Centre Boulevard by nature of he and his wife owning a couple of units in the Condo Tower, and his wife having an office leased in the Tower, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.
Councillor K. Usman disclosed an interest with respect to Committee of the Whole Item No. 7 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.
Councillor J. Heath declared an interest with respect to the Committee of the Whole Item (17), the site plan application for Pickle Barrell, Markville Mall, by nature of his mother being a member of the Teacher?s Pension Fund, which owns Markville Mall, and he did not take part in the consideration of, or vote on the question of approval of this matter.
Councillor J. Heath disclosed an interest with respect to the Committee of the Whole Item (30), the rezoning application submitted by Solarino Holdings for 29 Laidlaw Boulevard, by nature of owning property close by, at 166 Bullock Drive, 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 A. Chiu
Seconded by Regional Councillor F. Scarpitti
That the minutes of the Committee of the Whole meeting held on June 24, 2003 be confirmed.
Carried
Moved by Regional Councillor T. Wong
Seconded by Regional Councillor F. Scarpitti
That the Agreement of Purchase and Sale from the Bridle Trail Baptist Church Inc. be received and amended as set out below for property identified as Part of Block 206, Plan 56M-3519, at a price of $200,000.00 per acre for 1.9 acres in a form satisfactory to the Town Solicitor;
And that approximately 140 feet of frontage on Roy Rainey Avenue, being part of the park at the north west corner of Roy Rainey Avenue and Fred McLaren Blvd. be re-convey to the Wismer Commons Community Developers? Group in exchange for the Town retaining approximately .28 Acres of parkland in Block 206, Plan 65M-3519;
And that a by-law be enacted to authorize the Mayor and Clerk to execute the amended agreement of purchase and sale and transfers to the Wismer Commons Community Developers? Group or their designate and to the Bridle Trail Baptist Church Inc., all in form satisfactory to the Town Solicitor to give effect to this, including a release from the developer regarding the conditions of closing.
Carried
Committee thanked all staff involved in the Licensing Hearings for their hard work and diligence.? Committee also thanked members of the Licensing Committee - Councillors J. Heath, A. Chiu, and E. Shapero for their commitment and efforts.
Moved by Councillor K. Usman
Seconded by Councillor J. Heath
That the following recommendation of the Markham Licensing Committee be adopted and confirmed:
??????????? (1)??????? That
the application for Complementary Healthcare Establishment, submitted by the
owner for a Complementary Healthcare Establishment at 400 Esna Park Drive, Unit
# 4, Markham, Ontario known as ?Xenal Beauty Centre?, be denied, and
??????????? (2)??????? That, pursuant to section 25(1) of The
Statutory Powers Procedures Act, this decision not be stayed by any appeal of
this decision that may be instituted in the courts.
Carried
Moved by Councillor A. Chiu
Seconded by Councillor J. Heath
That the following recommendation of the Markham Licensing Committee be adopted and confirmed:
??????????? (1)??????? That the application for a Complementary
Healthcare establishment, submitted by the Owner for 115 Apple Creek Blvd.,
Unit #1, Markham named ?MacHealth???? be
approved, to expire on December 31, 2003; and
??????????? (2)??????? That Council review Section 7 of By-law 2002-292 with respect to existing businesses.
Carried
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That the following be appointed a member of the Cedar Grove Community Centre Board:
??????????? Debbie Lapp??????????????????????????????????????????????????????????????? term to expire December 31, 2003
That the following be appointed as members of the Markham Conservation Committee:
??????????? Eric Wong??????????????????????????????????????????????????????????????????? term to expire November 30, 2005
??????????? John O?Gorman??????????????????????????????????????????????????????????? term to expire November 30, 2005
That the resignation of David Cheng from the Markham Conservation Committee, be accepted with regret;
Sign Removal By-law
Committee
That the following persons be appointed to the Sign Removal By-law Committee:
??????????? Stan Daurio
??????????? Tom Gove
??????????? Peter MacLeod
??????????? John O?Gorman
??????????? Al Worth;
Recognizing that the Markham Village Train Station Community Centre Board is not an advisory committee, that Elizabeth Plashkes be reinstated as a member for a term ending April 30, 2004.
Carried
as Amended
(See
following motion to amend)
??????????? Moved by Councillor J.
Heath
??????????? Seconded by Regional Councillor F.
Scarpitti
??????????? That Item 5 be amended to include
the following paragraph:
??????????? ?Markham Village
Train Station Community Centre Board
Recognizing that the Markham Village Train Station Community Centre Board is not an advisory committee, that Elizabeth Plashkes be reinstated as a member for a term ending April 30, 2004.?
Carried
Committee had before it tabled elevations and various views of the site of the proposed apartment building at Highway 7 and Town Centre Boulevard.? Issues addressed included:
??????????? -???? water
allocation - this is a concern, however, priority will be given to Markham
Centre.
??????????? -???? signalization
of the intersection of Cox Boulevard and Highway 7 - funding has been obtained.
??????????? -???? massing
of the building and the need for additional review in this regard, if possible,
given the significance of this site.
Moved by
Councillor J. Virgilio
Seconded by
Councillor S. Daurio
That
the site plan application (SC.02110607), submitted by Tenstone Developments
Inc. to permit Phase 1 of a phased mixed use development at the northwest
corner of Highway 7 and Town Centre Boulevard, be approved, subject to the
following conditions:
A.??????? Prior
to Final Approval:
1.???????? That the Owner shall revise their site plan to comply with the applicable zoning, or shall obtain variances for relief from the setback requirements along Cox Boulevard, Town Centre Boulevard and Highway 7 to accommodate the building articulation, as described in this report;
2.???????? That the Owner will enter into a site plan agreement and development agreement with the Town, prior to final site plan approval or any land severance coming into full force and effect;
3. ??????? That
the requirements of Hydro One Inc., as set out in their letters dated July 15,
2002, and May 6, 2003, shall be met;
4.???????? That
the Owner agrees to enter into an easement agreement respecting access, egress,
parking and other related shared facilities prior to occupancy of the northerly
high rise tower to the satisfaction of the Commissioner of Development
Services;
5.???????? That
the Owner agrees to enter into an easement agreement respecting public access
to the Highway 7/Town Centre Boulevard corner amenity feature, to the
satisfaction of the Commissioner of Development Services
6.???????? That the Owner agrees to prepare an overall utility plan (Composite Utility Plan) to the satisfaction of the Town for Phase 1, as a condition of site plan approval. The plan shall comply with the approved streetscape design criteria for Markham Centre, and minimize the exposure of above grade service structure/equipment to the satisfaction of the Director of Engineering and the Town Architect;
7.???????? That the requirements of the Region of York Engineering Department shall be satisfied;
8.???????? That the Owner will demonstrate, through a traffic impact study, how access will be co-ordinated with Rapid Transit operation at this location prior to final regional approval of the Highway 7 access to the site;
9.???????? That the requirements of Transport
Canada, as set out in their letter dated July 22, 2002, shall be met;
10.?????? That
the Owner shall design the site so as to eliminate any permanent underground
encroachment onto the municipal road rights of way;
11.?????? And that an additional 85 units of water allocation be granted to Tenstone for the purpose of servicing the townhouses west of the new north/south public road, for a total water allocation for this project of 546 units.? To ensure a fair and equitable distribution of the remaining water allocation in Markham Centre, all future requests for water allocation to this project shall only be considered in the context of an approved Developer?s Group Agreement.
B.???????? Prior
to Execution of the Site Plan Agreement for Phase 1:
1.???????? That
the final site plan, building elevations and underground parking plans for
Phase 1 (northerly highrise building, amenities building, and the townhouses)
be submitted to the satisfaction of the Commissioner of Development Services;
2.???????? That
the Owner submit detailed Landscape Plans, Streetscape Plans, Parks Plans,
Planting Plans and Landscape Details, for Phase 1, prepared by a Landscape
Architect, with all changes identified in this report and to the satisfaction
Commissioner of Development Services;
3.???????? That
the Owner enter into a site plan agreement with the Town containing all the
standard and applicable special provisions and requirements of the Town and
public agencies to the satisfaction of the Commissioner of development
Services;
4.???????? And
that the Owner execute a Development Agreement with the Town to the
satisfaction of the Commissioner of Development Services.
C.??????? Site
Plan Agreement to provide:
1.???????? That
payment be made by the Owner of all applicable fees, charges, rates,
recoveries, cash-in-lieu of parkland, Developer?s Group obligations and local
service contributions;
2.???????? That
the Owner comply with all requirements of the Town and authorized public
agencies, to the satisfaction of the Commissioner of Development Services;
3.???????? That
appropriate phasing provisions are included for the development and an
acknowledgement that all zoning requirements will ultimately be complied with;
4.???????? And
that site plan approval will lapse after a period of three years commencing
July 7, 2003, in the event that a site plan agreement is not executed within
that period.
Carried
(Councillor
K. Usman abstained)
Staff gave a presentation
of the proposal for the site at 300 John Street, surrounding uses, current
policy, context, shared access with St. Luke?s Lodge existing building and the
illustrated proposed building in relation to the existing site.
Committee expressed
concern regarding the possible impact of industrial uses in the area on air
quality and the need for potential purchasers to be aware of such possibility.
Committee extended thanks
to the developers, St. Luke?s Lodge and everyone who contributed to the
successful evolution of this development.
Moved by Councillor J. Heath
Seconded by Councillor S. Daurio
That the report dated July 7 2003, entitled ?Application by The Townhomes of Thornhill Village Inc. for Zoning By-law Amendment and Site Plan Approval to permit a mix of medium and high density residential and commercial redevelopment on the Thornhill Square property at 300 John Street, north side of John Street, east of Bayview Avenue. Files ZA 02 111342 and SC 02 116402?, be received;
And that the by-law to amend By-law 1767, as amended, attached as
Appendix ?A? to this report, be enacted;
And that water supply allocation for 278 units to permit Phase 1 of the
proposed development be granted from the Town?s reserves;
And that the Town reserves the right to revoke or reallocate such water allocation should construction of the proposed Phase 1 development not proceed in a timely manner;
And that site plan application SC 02 116402, for the redevelopment of
the Thornhill Square site at 300 John Street as a mixed use medium and high
density residential and commercial development, be approved, subject to the
following conditions:
1.???????? That the
Owner shall enter into a site plan agreement with the Town of Markham
containing all standard provisions and requirements of the Town and public
agencies and including the specific requirements identified in the staff
report;
2.???????? That site
plan approval shall lapse after a period of three years commencing July 7, 2003,
in the event that the site plan agreement is not executed within that period;
3.???????? That
prior to final approval of the site plan, the Owner shall:
a)?? Revise the site
plan and elevation drawings, if required, to the satisfaction of the
Commissioner of Development Services, the Fire Department, CN Rail, and GO
Transit;
b)?? Revise the
Environmental Noise Analysis: Thornhill Square Redevelopment, prepared by
Valcoustics Canada Ltd., to the satisfaction of the Director of Engineering, CN
Rail, and GO Transit;
c)?? Provide the Town
with clearance letters from CN Rail and GO Transit, indicating that the site
plan and noise impact study are satisfactory;
d)?? Revise the
servicing study to the satisfaction of the Director of Engineering;
e)?? Revise the
Thornhill Square Redevelopment Traffic Impact Study, prepared by BA Group to
reflect final revisions to the site plan, to the satisfaction of the Director
of Engineering;
f)??? Provide the Town
with an executed copy of a shared parking and access agreement with St. Luke's
Church, or revise the proposal as outlined in Condition 4 below;
g)?? Submit drawings,
to the satisfaction of the Director of Environmental Services, showing the
location, size and construction of all refuse storage area(s) for waste and
recyclable materials within the proposed residential development;
h)?? Meet with the
Fire Department to finalize the location(s) of the Fire Department Connection,
private hydrant(s), fire access route signage location, rapid entry key box,
and the design of fire routes accessing interior townhouse blocks.
4.???????? That in the
event that the Owner and St. Luke?s Church cannot reach an agreement on shared
parking and access, prior to final approval of the site plan, the Owner shall:
a)?? Submit a revised
site plan, to the satisfaction of the Commissioner of Development Services,
that retains existing access arrangements for the St. Luke?s Church property,
and provides alternative access to Green Lane from the subject property, to the
Town?s satisfaction;
b)?? Submit a revised
traffic study, to the Town?s satisfaction, assessing the traffic impacts of the
site plan revisions addressed in Condition 4a);
5.???????? That
prior to execution of the site plan agreement, the Owner shall:
a)?? Prepare detailed
design drawings for the proposed John Street sanitary sewer main, to the
satisfaction of the Director of Engineering;
b)?? Enter into a
Development Agreement with the Town, which will address among other matters,
requirements, timing and securities for the provision of off-site servicing and
infrastructure facilities, including, but not limited to, a new sewer line on
John Street, relocation of the Green Lane traffic signals from the Landmark
entrance to the proposed shared entrance to the site, road improvements to
Green Lane and improvements to John Street at the main entrance to the site, as
required for the proposed development;
c)?? Submit a
landscape plan, prepared by a Landscape Architect having OALA membership, to
the satisfaction and approval of the Director of Planning and Urban Design;
6.???????? That
the site plan agreement shall:
a)?? provide for
payment by the Owner of all applicable fees, recoveries and development
charges;
b)?? contain
provisions for satisfying Town Departments and outside agencies including all
requirements of the Director of Engineering, the Fire Department, Waste
Management, Roads and CN Rail;
c)?? contain
provisions requiring that appropriate clauses addressing potential noise
impacts from the CN Rail line be inserted in all offers to purchase, and
agreements of purchase and sale or lease for all dwelling units on the site
located within 300 metres of the rail line, to the satisfaction of CN Rail;
d)?? contain a clause
whereby the owner agrees that any proposed alterations to the existing drainage
pattern affecting CN rail property must receive prior concurrence from CN Rail
and be substantiated by a drainage report to the satisfaction of CN Rail;
e)?? contain a clause
that the safety berm, fencing and vibration isolation measures implemented
along the CN Rail corridor shall not be tampered with or altered and further
that the Owner shall have sole responsibility for and shall maintain these
facilities to the satisfaction of CN Rail;
f)??? contain a clause
whereby the owner agrees to grant CN Rail an environmental easement for
operational noise and vibration emissions, registered against the subject lands
in favour of CN Rail;
g)?? contain a clause
whereby the owner agrees to enter into a side agreement with CN Rail,
stipulating how CN Rail?s concerns will be resolved, and to pay CN Rail?s
reasonable costs related to preparing and negotiating the agreement;
h)?? contain
provisions whereby the owner agrees to phase development of this site as
follows:
(a)???? Phase 1
consisting of the non-residential component plus 162 townhouse or multiple
dwellings and 109 apartment dwellings;
(b)???? Phase 2
consisting of 58 townhouse or multiple dwellings and 116 apartment dwellings;
i)??? contain a clause
whereby the owner agrees that phase 2 cannot proceed until Council has granted
additional water allocation to this development;
j)??? contain a clause
whereby the owner agrees to provide cash-in-lieu of parkland, to the
satisfaction of the Commissioner of Development Services;
k)?? contain a clause
whereby the owner agrees to not install fencing, gates or other physical
barriers that would in any way impede public access over the walkways and the
private open space area located within the residential portion of the proposed
development;
And that a warning clause be
included in the Agreement of Purchase and Sale and registered on title to
ensure purchasers are aware of the industrial uses to the east of the site.
Carried
as Amended
(See
following motion to Amend)
(See
following motion which was Lost)
(Councillor
K. Usman abstained)
??????????? Moved by Councillor E. Shapero
??????????? Seconded by Councillor J. Virgilio
??????????? That Item No. 7 be amended to add the following paragraph:
??????????? ?And that a warning clause be included in the Agreement of Purchase and Sale and registered on title to ensure purchasers are aware of the industrial uses to the east of the site.?
Carried
(Councillor
K. Usman abstained)
??????????? Moved by Councillor S. Daurio
??????????? Seconded by Councillor A. Chiu
??????????? That Item No. 7 be amended to add the following to the last paragraph:
??????????? ??, subject to staff review to confirm necessity.?
Lost
(Councillor
K. Usman abstained)
Moved by Councillor E. Shapero
Seconded by Councillor S. Daurio
That the Town of Markham
formally request the Province of Ontario to investigate air quality issues in
South Thornhill in the John Street area and a copy of this recommendation be
forwarded to the Province of Ontario.
Carried
(See following motion to amend which was Lost)
(Councillor
K. Usman abstained)
??????????? Moved by
Councillor K. Usman
??????????? Seconded by
Councillor D. Horchik
??????????? That the
second motion in Item No. 7 be amended to include air quality issues with
respect to all cabinetry manufacturers in the entire Town of Markham.
Lost
(Councillor
K. Usman abstained)
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the record of the Public Meeting held on May 20, 2003 with respect
to the applications by Wykland Estates Inc. for draft plan of subdivision
approval and implementing zoning by-law be received;
a) And that the first phase (491 units) of plan of subdivision 19TM-03003 (Wykland Estates Inc.) be draft approved subject to the conditions outlined in Appendix ?A?, and the payment of the required 30% subdivision processing fee in accordance with the Town?s Tariff of Fees By-law; and the following red line revisions:
b) The distribution of dwelling types (singles, semis, townhouses, live/work) to be finalized to the satisfaction of the Commissioner of Development Services.
c) Delete Blocks 347, 352, 353, 356 and 357 and include their areas in the adjacent lot fabric.
d) Revise Block 335 (residential part lot) and Block 349 (Golden Jubilee Greenway) to align with the adjoining blocks on Plan 65M-3294.
e) Revise Lane R alignment and right-of-way and Lots 82 to 85 and Blocks 319 and 320 to the satisfaction of the Town.
f) Revise Lane W to align with the adjoining lane on Plan 65M-3294.
g) Buffer Blocks adjoining 9th Line and Markham By-pass (future 16th Avenue) to be finalized to the satisfaction of the Town of Markham and the Region of York.
And that the application to amend Zoning By-laws 304-87 and 177-96 for the first phase be approved, and the draft by-laws, attached as Appendix ?C?, be enacted;
And that water supply allocation for 491 units be granted, such allocation to be from the total allocation available for the Cornell Secondary Plan area;
And that the Town reserves the right to revoke or reallocate the water supply allocation should the development not proceed in a timely manner.
And that staff report back later in 2003 regarding options for the completion of Bur Oak Avenue, especially south to Highway #7, within three (3) years or sooner.
Carried
as Amended
(See
following motion to amend)
??????????? Moved by Councillor J. Heath
??????????? Seconded by Councillor E. Shapero
??????????? That Item No. 8 be amended to include the following paragraph:
??????????? ?And that staff report back later in 2003 regarding options for the completion of Bur Oak Avenue, especially south to Highway #7, within three (3) years or sooner.?
Carried
Committee had before it the Report dated July 7, 2003 with respect to
the draft plan of subdivision and implementing zoning for Phase I, Cornell
Planning District submitted by Cornell Rouge Development Corporation (Madison
Homes/Forest Hill Homes).
Staff was directed to work with the applicants in an attempt to
co-locate the sales offices.
In response to a query from Committee, staff confirmed that traffic
calming measures are dealt with at the design phase, included in the
subdivision agreement, and secured by a Letter of Credit.
Moved by Councillor J. Heath
Seconded by Regional Councillor F. Scarpitti
That the record of the Public Meeting held on May 20, 2003 with respect
to the applications by Cornell
Rouge Development Corporation for draft plan of subdivision
approval and implementing zoning be received;
a) And that the first phase (432 units) of plan of subdivision 19TM-03006 (Cornell Rouge Development Corporation) be draft approved subject to the conditions outlined in Appendix ?A?, and the payment of the required 30% subdivision processing fee in accordance with the Town?s Tariff of Fees By-law; and the following red line revisions:
b) The distribution of dwelling types (singles, semis, townhouses) and lot sizes to be finalized to the satisfaction of the Commissioner of Development Services based on the ?Phase 1 Concept Plan? drawing prepared by KLM Planning Partners Inc., dated June 24, 2003 and attached as Figure 5 to the Planning staff report dated July 7, 2003.
c) Reduce the number of units from 433 to 432.
d) Delete Block 349 and include its areas in the adjacent lot fabric.
e) Buffer Blocks adjoining 16th Avenue and the future Markham By-pass to be finalized to the satisfaction of the Town of Markham and the Region of York.
And that the application to amend Zoning By-laws 304-87 and 177-96 for the first phase be approved, and the implementing amendments be enacted;
And that water supply allocation for 432 units be granted, such allocation to be from the total allocation available for the Cornell Secondary Plan area;
And that the Town reserves the right to revoke or reallocate the water supply allocation should the development not proceed in a timely manner;
And further that staff report on the appropriateness of the inclusion of 9 metre wide, 25 metre deep lots in future phases of Cornell once 50% of the buildings on such lots in the first phase subdivision have been occupied for a minimum of 6 months and the associated tree planting and fencing has been completed.?
Carried
Committee had before it the report dated July 7, 2003
with respect to the proposed amendment to the Fence By-law.
Discussion took place regarding a fence brochure for
new homeowners which will be available in early Fall, 2003.
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That By-law 277-97 be amended
to permit 1.8 m (6 feet) high rear yard fences for corner lots in residential
zones subject to: a maximum 1.8 m (6 feet) of open lattice OR a maximum of 1.52
m (5 feet) of solid panel, commencing from the ground, with a maximum 0.3 m (1
foot) of open latticework at the top of the fence.
And that Council enact the
Fence By-law Amendment attached as Schedule 1 to the staff report dated July 7,
2003.
Carried
Moved by Councillor A. Chiu
Seconded by Councillor K.
Usman
That the report dated
July 7, 2003, entitled, ?Information Report ? Avant Investments Inc. -
Site Plan, Zoning Amendment, and Official Plan Amendment applications for 3856,
3864, and 3872 Highway #7 East, Plan 4295, Lot 4, File Number SC 03-112281, ZA
03-112240, and OPA 03-112209? be
received.
And that the application be held in abeyance pending the completion, by the applicant, of outstanding submission requirements.
Carried
Moved
by Councillor A. Chiu
Seconded
by Councillor S. Daurio
That the staff report titled
Highway 48 Wismer Commons Design Guidelines dated July 7, 2003, be received;
That the Highway 48 Wismer
Commons Design Guidelines (Appendix A) prepared by The MBTW Group dated May
2003, be received and endorsed, as amended through staff comments contained in
the staff report dated July 7, 2003;
That the urban design
guidelines outlined in the Highway 48 Wismer Commons Design Guidelines prepared
by The MBTW Group dated May 2003 be used in the evaluation of development
applications for commercial development along the west side of Highway 48
within the Wismer Commons Secondary Plan area;
That staff be directed to prepare a Secondary Plan amendment to implement the Highway 48 Wismer Commons Design Guidelines, and that a Public Meeting be held to consider the Secondary Plan amendment.
2) 1065764 Ontario Limited (Major Mark Centre) (ZA 01 106874)
That the Record of Public Meeting held on September 24, 2002 regarding the zoning by-law for 9900 Highway 48, File ZA 01 106874, submitted by 1065764 Ontario Limited to permit shopping centre uses, be received;
That the Zoning By-law application (ZA 01 106874) submitted by 1065764 Ontario Limited (Major Mark Centre), to permit shopping centre uses, be approved and the draft Zoning By-law amendment attached as Appendix ?C? to the staff report dated July 7, 2003, be finalized and enacted.
3) Wismer Markham
Developments Inc. (ZA 02 113879)
That the Record of Public Meeting held on December 3, 2002 regarding the zoning by-law for 9792 Highway 48, File ZA 02 113757, submitted by Wismer Markham Developments Inc. to permit shopping centre uses, be received;
That the Zoning By-law application (ZA 02 113879) submitted by Wismer Markham Developments Inc., to permit shopping centre uses, be approved and the draft Zoning By-law amendment attached as Appendix ?C? to the staff report dated July 7, 2003, be finalized and enacted.
4) Wismer Markham
Developments Inc. (OP 01 116736 & ZA 01 116747)
That the Record of Public Meeting held on March 19, 2002 regarding the Official Plan and zoning by-law amendments for 9650 Highway 48, Files OP 01 116736 and ZA 01 116747, submitted by Wismer Markham Developments Inc. to permit shopping centre uses, be received;
That the application to amend the Official Plan (revised 1987) to permit shopping centre uses, be approved and the draft amendment attached as Appendix ?B? to the staff report dated July 7, 2003, be adopted;
That the Zoning By-law application (ZA 01 116747) submitted by Wismer Markham Developments Inc., to permit shopping centre uses, be approved and the draft Zoning By-law amendment attached as Appendix ?C? to the staff report dated July 7, 2003, be finalized and enacted.
5) Wynberry Developments Inc. (ZA 01 119040)
That the Record of Public Meeting held on May 7, 2002 regarding the zoning by-law for 9462 Highway 48, File ZA 01 119040, submitted by Wynberry Developments Inc. to permit shopping centre uses, be received;
That the Zoning By-law application (ZA 01 119040) submitted by Wynberry Developments Inc., to permit shopping centre uses, be approved and the draft Zoning By-law amendment attached as Appendix ?C? to the staff report dated July 7, 2003, be finalized and enacted.
Carried
Moved by Councillor D.
Horchik
Seconded by Councillor K.
Usman
That the East Cathedral
Community Design Plan, as revised, attached to the staff report dated July 7,
2003, be approved.
Carried
Committee had before it the report dated July 7, 2003 with
respect to the proposed zoning by-law amendment and site plan submitted by
Freehold Building Corporation to permit the outdoor storage of vehicles at 8330
and 8332 Kennedy Road.
Staff provided an
overview of concerns with the application, including:
??????????? ????? open storage as a primary use, not
accessory to on-site retail
??????????? ????? no new buildings on site, and exposure of
outdoor storage to Kennedy Road
??????????? ????? concerns with the continuing trend toward a
single use auto mall environment in this area, and matters of precedent,
insofar as area is intended to perform a mixed use function.
Mr. Grant McBain, Freehold Building Corporation, was in
attendance in support of the application.?
He circulated a hand written sheet containing a staff comment which he
had obtained.? Mr. McBain also noted that
his Planner could not be in attendance this date, no meetings have been held to
discuss his application, and he was given insufficient time to properly respond
to the staff recommendation.
In response to Mr.
McBain, staff commented that the sheet submitted by Mr. McBain is a hand
written note on a cover sheet to the staff report which is intended for
internal use only.? Such cover sheets are
not normally provided to applicants, but in any event, the content of the note
is not a ?secret?.? As per the note,
staff have indicated both in the report and in their comments to Committee this
date that the application is not supported on merit, and that there are
precedent concerns relative to other proposals in the area.
After some discussion
about the possibility of a temporary use, it was agreed that this matter be
referred to the Unionville Subcommittee.
Moved by Councillor J. Virgilio
Seconded by Regional Councillor T. Wong
That the applications submitted by Freehold Building Corporation, for
zoning by-law amendment and site plan approval (File numbers ZA 03.111871 and
SC 03-111872) to permit the outdoor storage of vehicles at 8330 & 8332
Kennedy Road dated July 7, 2003 be referred to the Unionville Subcommittee.
Carried
Committee had before it
the report dated July 7, 2003 with respect to the Milliken Mills Main Street
Urban Design Study.
Marg Wouters, Planner,
provided an overview of the proposal.
Magda Ioannou was in
attendance and expressed concerns regarding the existing high volume of traffic
at Old Kennedy Road, Denison Street, Steeles Avenue, and Kennedy Road.? She noted that she would like to see Milliken
developed ?nicely?.
Clive Hylton was in
attendance and expressed concerns regarding the high density proposed for the
west side of Kennedy Road, inappropriatly high speed limits, and the proposed
closure of Old Kennedy Road which is used as a by-pass during rush hours.? Mr. Hylton closed by stating that he is in
objection to high density in Milliken.
Moved by Councillor A. Chiu
Seconded by Regional Councillor T. Wong
That the final report by Marshall Macklin Monaghan Ltd, entitled ?Milliken Mills Main Street Urban Design Study Final Report: Implementation Study?, dated June, 2003, be received and endorsed;
And that the letter dated July 2, 2003 from Cattanach Hindson Sutton VanVeldhuizen, on behalf of their clients DiMilta Bros. Investment Group Limited and the DiMilta family, expressing concern regarding the proposal in the area of their clients? lands and in objection to a any north/south road that may affect their lands, be received;
That the land use and urban design vision and guidelines outlined in the final report by Marshall Macklin Monaghan Ltd, entitled ?Milliken Mills Main Street Urban Design Study Final Report: Implementation Study?, dated June, 2003, be used in the evaluation of development applications within the study area;
That the Milliken Mills Main Street study area be identified as a high priority for property standards compliance and by-law enforcement;
That staff be directed to initiate the following actions recommended in the Implementation Strategy:
a) Review of zoning compliance for all properties within the study area, and recommend actions to be taken against non-compliant property owners, for the consideration of Council;
b) Preparation of required Official Plan and Secondary Plan amendments and an implementing zoning by-law to give effect to the study recommendations;
c) Preparation of a by-law to designate the study area as a Community Improvement Area.
That a Public Meeting be held in the fall of 2003 to consider the Official Plan and Secondary Plan amendments and the zoning amendment;
And that the tendering process be waived in accordance with Section 14(1)(c) of purchasing by-law 143-2000;
And that the current contract with consultants Marshall Macklin Monaghan Ltd be extended to undertake any or all of the following actions recommended in the implementation study for a fee not to exceed $50,000 (including 3% GST), and based on a detailed work program:
a) Preparation of a Servicing Plan;
b) Preparation of infrastructure and community design cost estimates for use in the Development Charges Study;
c) Initiation of a Development Charges study for the study area as background to the preparation of a Development Charges By-law;
d) Preparation of a Community Improvement Plan;
e) Identification of additional tools for facilitating and promoting development and redevelopment within the study area and provision of a cost-benefit analysis of these tools.
And that the consultant fees be paid from the 2003 Capital Budget account ?Main Street Milliken Implementation Strategy Plan?, account number 080-5399-5189-005;
And that Councillor A. Chiu be authorized to bring forward the names of persons to be appointed to an advisory group to continually review this project.
Carried
as Amended
(See
following motions to amend)
??????????? Moved by Councillor A.
Chiu
??????????? Seconded by Regional Councillor T.
Wong
??????????? That Item 15 be amended to include
the following paragraph:
??????????? ?And that the letter dated July 2, 2003 from Cattanach Hindson Sutton VanVeldhuizen, on behalf of their clients DiMilta Bros. Investment Group Limited and the DiMilta family, expressing concern regarding the proposal in the area of their clients? lands and in objection to a any north/south road that may affect their lands, be received;?
Carried
??????????? Moved by Councillor A. Chiu
??????????? Seconded by Councillor K. Usman
??????????? That Item 15 be amended to include the following paragraph:
??????????? ?And that Councillor A. Chiu be authorized to bring
forward the names of persons to be appointed to an advisory group to
continually review this project.?
Carried
Moved
by Councillor K. Usman
Seconded
by Councillor A. Chiu
That draft plan of subdivision 19TM-02018 (SU.02-118951) located at 7577 McCowan Road, proposed by Cloverwood Estates Inc., be draft approved subject to the conditions outlined in Appendix ?A?;
And that the zoning application (ZA.02-118925) to amend By-law 90-81 as amended, and By-law 304-87, as amended, submitted by Cloverwood Estates Inc., to implement draft plan of subdivision 19TM-02018 (SU.02-118951) located at 7577 McCowan Road, be approved and the draft Zoning By-laws attached as Appendix? ?B? be enacted;
And that a water supply allocation for up to 29 units
in the draft plan of subdivision be granted from approved allocation for future
phases of the Villages of Fairtree subdivision (19T-95030);
And that a hold be placed on the zoning for 29 units
in future phases of the Villages of Fairtree subdivision (19T-95030) through
zoning amendment application ZA.03-110307 by Forest Bay Homes Ltd;
And that the Town reserves the right to revoke or reallocate sewage allocation and water supply should the development not proceed in a timely manner;
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 17-2000).
Carried
Staff presented and reviewed elevations for the
proposed Pickle Barrell at Markville Mall.
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the presentation of elevations for the Pickle Barrell, Markville Mall, File SC 03-113178, be received.
Carried
(Councillor
J. Heath abstained)
COMMUNICATIONS
??????????? - request to make a deputation regarding Committee of Adjustment
??????????? application for 26 Church Lane, Thornhill
- receive and invite Mr. & Mrs. Reale to make a deputation at the
?August 25, 2003 Development Services Committee meeting.
(See Council Motion 2)
- resolution of Council of the City of Pickering dated June 16, 2003, regarding the implementation of Federal Airport Zoning Regulations on Federal Lands in Pickering, Markham and Uxbridge
- receive and refer to staff
??????????? - Decision from hearing regarding site plan application by Tender Holdings Ltd.,
??????????? 7020 Warden Avenue
- receive
??????????? - consultation pertaining to the Siting of Antenna Towers
- receive and refer to staff to become involved
- receive and refer to staff
- receive and refer to staff
- receive and refer to staff
- receive and refer to staff
- receive and refer to staff
-
receive and refer to staff
- receive and refer to staff
- receive and refer to staff
PUBLIC MEETING
Committee had before it the
report dated July 7, 2003 regarding the rezoning application submitted by
Solarino Holdings to permit retail use as a car showroom at 29 Laidlaw
Boulevard.
This matter was deferred to this
meeting to allow staff an opportunity, if possible, to review the parking study
to be provided by the applicant.? Staff
advised there are still concerns regarding the provision of adequate parking as
required by the zoning by-law.
James Okawa, Brutto Consulting,
the applicant, was in attendance and confirmed this would not be a high volume
showroom and would not create a significant amount of traffic.? He also expressed concern regarding minimal
timelines in securing the Kia Dealership agreement.
Some discussion took place
regarding parking, the location of the building at a busy intersection, the
applicant?s short timelines, and overlapping hours of operation with the
Taekwon Do facility.
Moved by Regional Councillor T. Wong
Seconded by Councillor D. Horchik
That the report from the
Development Services Commission dated July 7, 2003, entitled ?Solarino
Holdings, 29 Laidlaw Boulevard, Zoning By-law Amendment to add a use to the
existing Industrial (M) Zone, be received;
And that the Record of the Public
Meeting held on July 7, 2003, with respect to the proposed amendment to By-law
1229, as amended, be received;
And further that the
application be referred back to staff for a report evaluating the proposal on
August 25, 2003;
And that, subject to staff
receiving the necessary information from the applicant, staff be directed to
provide the applicant with a written response by July 31, 2003.
Carried
(Councillor
J. Heath abstained)
ADJOURNMENT
The Committee of the Whole meeting adjourned at 6:55 p.m.