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MINUTES

DEVELOPMENT SERVICES COMMITTEE

October 7, 2008

Meeting No. 23

All Members of Council

Development Services                                                                 Economic Development

Chair:              Councillor J. Webster                                                                             Chair:              Regional Councillor T. Wong

Vice-Chair:      Councillor D. Horchik                                                                            Transportation Issues

                                                                                                                                        Chair:          Regional Councillor G. Landon

 

PART B

Report Agenda

9:00 a.m. – Council Chamber

 

Attendance

Deputy Mayor J. Heath

Regional Councillor J. Jones

Regional Councillor T. Wong

Regional Councillor G. Landon

Councillor V. Burke

Councillor J. Virgilio

Councillor C. Moretti

Councillor J. Webster

Councillor D. Horchik

Councillor L. Kanapathi

Councillor A. Chiu

 

Regrets

Mayor F. Scarpitti

Councillor E. Shapero

 

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

R. Blake, Manager, West District

S. Chait, Director, Economic Development

C. Conrad, Town Solicitor

V. Shuttleworth, Director of Planning and Urban Design

A. Tari, Committee Clerk

 

 

 

 

 

The Development Services Committee convened at the 9:00 AM in the Council Chamber with Councillor J. Webster in the Chair.  

 

 

DISCLOSURE OF PECUNIARY INTEREST

 

None disclosed.

 

1.         ECONOMIC DEVELOPERS ASSOCIATION
            OF CANADA AWARD (EDAC)
            - MARKHAM CHINA BUSINESS MISSION 2008 (12.2.6)

            Info

 

Mr. Stephen Chait, Director of Economic Development, addressed the Committee to present them with the Economic Developers National Marketing Award.  The Town of Markham received a first place award for its marketing of the China Business Mission 2008 at the recent 40th annual Economic Developers Association of Canada (EDAC) conference.  Mr. Chait thanked the Mayor, Council, John Livey, and Jim Baird for their continued support.

 

The Committee congratulated Mr. Stephen Chait and his team and stated it is a great honor to receive such recognition.

 

Moved by Councillor V. Burke

Seconded by Councillor A. Chiu

 

That the Committee recognizes and thanks Mr. Stephen Chait for all the hard work in achieving a first place award for its marketing of the China Business Mission 2008.

CARRIED

 

Mr. Jim Baird, Commissioner of Development Services, advised the Committee that Stephen Chait also received a personal award – the EDAC President’s Award.

 

 

2.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- September 16, 2008, Part B (10.0)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the minutes of the Development Services Committee meeting, Part B, held September 16, 2008, be confirmed.

CARRIED

 

 

3.         DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- September 16, 2008 (10.0)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the minutes of the Development Services Public Meeting, held September 16, 2008, be confirmed.

CARRIED

 

4.         HERITAGE MARKHAM COMMITTEE MINUTES
            - September 10, 2008 (16.11)

             Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the minutes of the Heritage Markham Committee meeting held on September 10, 2008, be received.

CARRIED

 

 

5.         REPORT ON INCOMING PLANNING APPLICATIONS FOR
THE PERIOD OF AUGUST 2, 2008 TO SEPTEMBER 5, 2008 (10.0)

            Report

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of August 2, 2008 to September 5, 2008” and direct staff to process the applications in accordance with the route outlined in the report; and,

 

That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

 

6.         DELEGATED APPROVALS REPORT (10.0)

            Report

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That Council be advised that in accordance with Delegation By-law 2002-202, and additional site specific delegations authorized by Development Services Committee, the Commissioner of Development Services or the Director of Planning and Urban Design have approved applications listed in the report dated October 7, 2008; and,

 

That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

 

 

 

 

7.         PRELIMINARY REPORT:
            THE ROCKPORT GROUP
            ZONING AMENDMENT TO PERMIT THE DEVELOPMENT
            OF A RETIREMENT RESIDENCE AT
            34 MAIN STREET SOUTH UNIONVILLE IN MARKHAM CENTRE.
            ZA 06 120486 001 (10.5)

            Report Figures

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the staff report entitled: “Preliminary Report: The Rockport Group Inc.  Application for Zoning Amendment to permit the development of retirement residences at 34 Main Street South Unionville in Markham Centre” (ZA 08 124690) be received; and,

 

That a Public Meeting be held to consider the zoning amendment application (ZA 08 124690) and that notice not be provided in accordance with the enhanced notification procedures for Markham Centre applications but instead be provided as outlined in this report; and,

 

That notice of the Public Meeting be circulated to the Unionville Villagers Association and the Unionville Ratepayers Association; and,

 

That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

 

8.         PRELIMINARY REPORT
            GEMCROSS DEVELOPMENTS
            (CONSTRADA AGGREGATE RECYCLING FACILITY)
            350 YORKTECH DRIVE
            APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT
            THE EXISTING AGGREGATE RECYCLING FACILITY
            ON A PERMANENT BASIS, ZA-08-119862 (10.5)

            Report Schedules

 

Staff provided the Committee with background history regarding the temporary use By-laws issued in 2002 and 2005.  He confirmed that the required clean up has occurred.  Soils were removed and relocated to form berms which enabled development to occur to the west.  The subject property does have soil contamination issues.

 

 

 

 

 

Ms. Lynda Townsend, Townsend, Rogers LLP, representing the applicant, addressed the Committee with respect proposed zoning by-law amendment to permit the existing recycling facility on a permanent basis, requested the Committee approve the staff recommendation to hold a Public Meeting and that her client is prepared to file an Official Plan Amendment application.  She advised the Committee that for the site to be cleaned of the contaminated soils it would require soil removal of 12 metre deep; 9 acres wide.  The lands were originally going to be used as a parking lot however, there is no need or demand at this time for that use.  She also advised that berms have been built so that the operation is not visible. 

 

The Committee discussed environmental and traffic issues related to the operation of this recycling facility.  The Committee also discussed the importance of holding a statutory Public Meeting as soon as possible to obtain the residents views.

 

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

 

That Development Services Committee resolve into an in camera session to obtain legal advice with regards to the application for zoning By-law amendment to permit the existing aggregate recycling facility on a permanent basis at 350 Yorktech Road (9:35 AM).

CARRIED

 

Moved by Regional Councillor D. Horchik

Seconded by Councillor C. Moretti

 

That the Committee rise from the in-camera session (10:38 AM)

CARRIED

 

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

 

That the staff report dated October 7, 2008 regarding an application by Gemcross Developments (Constrada) for zoning by-law amendment to permit the existing aggregate recycling facility at 350 Rodick Road on a permanent basis, be received; and,

 

That, upon submission of a complete application for Official Plan Amendment, a Public Meeting be scheduled to consider the applications submitted by Gemcross Developments (Strada Aggregates Inc.) for Official Plan and zoning by-law amendments to permit the existing aggregate recycling facility at 350 Yorktech Drive on a permanent basis; and,

 

That notice of the Public Meeting be issued in accordance with the Markham Centre notice criteria; and,

 

That the applicant be requested to cease operation immediately pending processing of the development applications; and further,

 

 

 

 

That staff be authorized and directed to do all things necessary to give effect to this resolution. 

CARRIED

The following amendment was enacted at the October 14, 2008 Council meeting.

 

            - Add the following paragraph:

                        "That the deputation on October 14, 2008 from Ms. Lynda Townsend, representing Gemcross Developments, indicating her client intended to withdraw the application to permit the existing aggregate recycling facility at 350 Yorktech Drive to operate on a permanent basis and to instead submit a Temporary Use By-law Application, be received;"

 

            - Amend Paragraph 2 to reflect the intention of the applicant to revise the application to operate on a temporary basis.

 

            - Delete the following paragraph 4:

                        "That the applicant be requested to cease operation immediately pending processing of the development applications;"

 

CARRIED

 

 

9.         RECOMMENDATION REPORT
            YONGE STEELES CORRIDOR STUDY,
            DRAFT FINAL REPORT JULY 31, 2008
            FILE MI 514 (10.0)

            Report  Atts  Consultant Report

 

Mr. J. Baird advised the Committee that from a staff view point the public consultation process has been an extremely successful one with excellent participation form the community and significant land owners.  He thanked Ms. Valerie Shuttleworth, Ron Blake, Sabrina Bordone, Liz Wimmer, Councillor V. Burke and all the constituents who participated in this process. 

 

Ron Blake, Manager, West District, highlighted and summarized the guiding principles outlined in the Yonge Steeles Corridor Study.

 

The Committee suggested that a statutory Public Meeting should be held prior to endorsing the Study.

 

Ms. Susan Rosenthal, Davies Howe Partners, representing Liberty Developments, addressed the Committee regarding the Yonge Steeles Corridor Study.  She advised that overall they commend the study’s objectives nevertheless, there are some areas of concern.  Some of their concerns include:  height and density maximums; open space buffer; no direct access to Yonge Street from the Liberty Development; intent of the holding provision is unclear and would like further discussion regarding the suggested development charges and financial agreements.

 

The Committee also thanked all the members of staff for all their work.  The Committee suggested including the east side of Bayview Avenue with respect to the sanitary and storm sewer review that is underway.

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor G. Landon

 

That the report entitled “Recommendation Report:  Yonge Steeles Corridor Study, Draft Final Report July 31, 2008, File MI 514” be received; and.

 

Subject to input received at the Statutory Public Meeting, that the draft final report prepared by DuToit Allsop Hillier, entitled “Town of Markham Yonge + Steeles Corridor Study, Draft Final Report July 31, 2008” (under separate cover) be endorsed as the basis for Town-initiated amendments to the Markham Official Plan and the Thornhill Secondary Plan; and,

 

That a public meeting be scheduled to consider Town-initiated amendments to the Markham Official Plan and the Thornhill Secondary Plan (PD 3-1) to implement the recommendations of the Yonge Steeles Corridor Study; and,

 

That staff report back to Development Services Committee with a draft Official Plan Amendment, to implement the Yonge Steeles Corridor Study; and further,

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

 

10.       RECOMMENDATION REPORT
            APPLICATIONS BY 1691126 ONTARIO INC. FOR
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            TO PERMIT HIGH DENSITY RESIDENTIAL, RETAIL AND
            OFFICE COMMERCIAL USES AT
            7171 & 7161 YONGE STREET, NORTHEAST CORNER OF
            YONGE STREET AND MEADOWVIEW AVENUE, THORNHILL
            FILE NOS. OP 06 127138 & ZA 06 127273 (10.3 and 10.5)

            Report  Atts

 

Staff advised the Committee that there is an appeal filed with the Ontario Municipal Board for 1691126 Ontario Inc. and that staff are continuing to work with the applicant.  Staff provided a summary of the conditions associated with the proposed resolution.

 

The Committee discussed the proposed building heights and the recommended angular plan.  Staff advised that there have been many key improvements to the proposal such as retail at grade and the incorporated open space.

 

The Committee suggested that bird friendly guidelines and reduction in light pollution be added to the list of innovative sustainable development initiatives.  Staff advised that they will be reducing the parking supply with the possibility of capping the amount.

 

Ms. Susan Rosenthal, Davies Howe Partners, addressed the Committee advising that they are pleased with staff’s findings.  She pointed out that her client’s application did predate the Yonge Steeles Corridor Study therefore, there is no legal requirement to comply with the study but, will continue to work with Town staff.  Ms. Rosenthal suggested that the Committee only receive the report today for the reason that there are areas that require further discussion.  These include:  mechanical penhouses and elevator shafts, financial agreements, reference to angular plane, floor plate size, suggested separation between the buildings, location of the set backs, and proposed building heights.   

 

Staff confirmed that the mechanical penthouses and elevator shafts are not included in the calculations of gross floor area.

 

Ms. Marilyn Ginsburg, on behalf of the Grandview Area Residents Association and the Bayview Glen Residents Association, addressed the Committee with respect to the proposal at 7161 and 7171 Yonge Street.  She thanked Town staff for opportunity of the community’s input throughout this process and is pleased with the recommendation report.  Ms. Ginsburg also thanked Mr. Fred Darvish for his continued cooperation with the existing community.  She stated their support for the following:  maximum height of 30 storeys, maximum residential density of 2.5 FSI for residential, green building initiatives and the 1:2 angular plane ratio. The areas remain of concern include:  traffic study, sewer issues and no reference made to the Thornhill Stormwater Study. The representatives of the Bayview Glen Residents Association would like staff to consider a more adequate servicing study that includes the Bayview Avenue and Steeles Avenue area and a report recommending an inflow and infiltration study.  She also advised that she would like to continue to be involved with this process.

 

 Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

 

That Development Services Committee resolve into an in camera session to obtain a status update with respect to the OMB hearing for 1691126 Ontario Inc. (12:05PM).

CARRIED

 

Moved by Councillor C. Moretti

Seconded by Councillor J. Virgilio

 

 

That the Committee rise from the in-camera session (12:30PM)

CARRIED

 

 

Moved by Councillor V. Burke

Seconded by Councillor D. Horchik

 

That the staff report entitled “RECOMMENDATION REPORT, Applications by 1691126 Ontario Inc. for Official Plan and Zoning By-law Amendments to permit high density residential, retail and office commercial uses at 7171 & 7161 Yonge Street, northeast corner of Yonge Street and Meadowview Avenue, Thornhill, File Nos. OP 06 127138 & ZA 06 127273”, be received; and,

 

That the applications be approved following:

a)   Revisions to the Official Plan and Zoning By-law Amendment applications and accompanying development concept plan which will incorporate:

o       Building heights;

o       Development density to a maximum total density of 3.5 FSI and a maximum residential density of 2.5 FSI;

o       Both of the above to the satisfaction of Council.

 

b)   Submission of:

§         A Development Phasing Plan, to the satisfaction of the Director of Planning and Urban Design and the Director of Engineering;

§         A Travel Demand Management (TDM) Plan, to the satisfaction of the Director of Engineering, outlining how the Town’s TDM objectives will be met; 

§         Revisions to the Transportation Study, as discussed in this report, to the satisfaction of the Director of Engineering in consultation with the Region of York;

§         Revisions to the Municipal Servicing Study, as discussed in this report, to the satisfaction of the Director of Engineering in consultation with the Region of York;

§         Suitable financial arrangements for infrastructure improvements to support the proposed development; and,

 

That staff report back to Development Services Committee with an Implementation Report, including draft implementing Official Plan and Zoning By-law Amendments, when the applicant has revised the proposal and submitted the revised reports, as set out above; and,

 

That the implementing Zoning By-law Amendment contain holding provisions, establishing interim development limits, in accordance with the approved Transportation Study, TDM Plan, Municipal Servicing Study, financial arrangements for infrastructure improvements, Development Phasing Plan, and the anticipated availability of Regional Servicing Allocation for the residential component of the application; and,

 

That staff continue to work with the applicant to determine the amount of parkland dedication and/or cash-in-lieu of parkland for this project, and the potential for contribution to community facilities pursuant to the Section 37 Bonusing provisions of the Planning Act, to be finalized prior to zoning and site plan approval; and,

 

That the deputation from Ms. Marilyn Ginsburg, be received and considered further; and further,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

 

 

11.       MARKHAM 10 YEAR
            ECONOMIC DEVELOPMENT STRATEGY
            DRAFT FINAL REPORT (10.16)

            Report AppA AppB AppC AppD AppE AppF1 AppF2

 

That the report entitled “Markham 10 Year Economic Development Strategy. Draft Final Report” be deferred to the October 14, 2008 Development Services Committee meeting.

 

 

 

12.       REGION OF YORK COMMUNICATION REGARDING
            AWARD OF TENDER #068-T-08 WOODBINE
            BYPASS CONSTRUCTION – PHASE 1 (7.12.2 & 13.4))

            Letter

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That the communication dated September 19, 2008 from the Region of York receiving the resolution of the Town of Markham regarding Award of Tender # 068-T-08 Woodbine Avenue Bypass Construction – Phase 1, be received.

CARRIED

 

 

 

NEW BUSINESS

 

 

13.       DEVELOPMENT SERVICES COMMITTEE MEETING (10.0)

 

The Committee Clerk was asked to poll members of Council to determine an appropriate start time for the October 14, 2008 Development Services Meeting given that there is a scheduling conflict with the regular 9:00 AM start time.

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at 12:40 PM.

 

 

 

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