MAY 3, 2011 - 9:00 a
Logo

 

MAY 3, 2011 - 9:00 a.m. - 12:30 p.m.

MINUTES

DEVELOPMENT SERVICES COMMITTEE

Meeting No. 13

All Members of Council

Development Services                                               Economic Development

Chair:                      Regional Councillor Jim Jones                                Chair:                      Councillor Carolina Moretti

Vice-Chair:              Councillor Don Hamilton                                       Vice-Chair:              Councillor Alex Chiu

                                                                                                                Transportation Issues

                                                                                                                Chair:                      Regional Councillor Gord Landon

                                                                                                                Vice-Chair:              Councillor Alan Ho

 

PART A

Presentations, Major Studies, and Issues Agenda

9:00 a.m. – Council Chamber

 

 

Attendance

Mayor Frank Scarpitti

Deputy Mayor Jack Heath

Regional Councillor Jim Jones

Regional Councillor Gord Landon

Regional Councillor Joe Li

Councillor Valerie Burke

Councillor Howard Shore

Councillor Don Hamilton

Councillor Carolina Moretti

Councillor Colin Campbell

Councillor Alan Ho

Councillor Logan Kanapathi

Councillor Alex Chiu

 

Regrets

Councillor Colin Campbell

 

John Livey, Chief Administrative Officer

Jim Baird, Commissioner of Development Services

Brenda Librecz, Commissioner of Community & Fire             Services

Ron Blake, Manager, West District

Alan Brown, Director of Engineering

Rick Cefaratti, Planner II

Stephen Chait, Director, Economic Development

Catherine Conrad, Town Solicitor

Geoff Day, Planner II

Lilli Duoba, Project Coordinator

Huyen Hare, Sr. Business Development Officer

Regan Hutcheson, Manager, Heritage Planning

Biju Karumanchery, Senior Development Manager

Richard Kendall, Manager, Central District

Rino Mostacci, Director of Planning and Urban Design

Garry Sellars, Senior Planner

Kitty Bavington, Council/Committee Coordinator

 

The Development Services Committee convened at the hour of 9:05 a.m. in the Council Chamber with Regional Councillor Jim Jones in the Chair.  Councillor Carolina Moretti assumed the Chair for Economic Development item, No. 7.

 

 

DISCLOSURE OF PECUNIARY INTEREST - None Declared

 

 

Jim Baird, Commissioner of Development Services, introduced Rino Mostacci, the new Director of Planning and Urban Design for the Town of Markham, and gave a brief outline of his credentials. The Committee welcomed Mr. Mostacci.

 

The Commissioner and the Committee expressed appreciation to Biju Karumanchery for his interim duties and expanded role in the Planning and Urban Design Department, and congratulated him on becoming the Senior Development Manager.

 

 

1.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- April 5, 2011, Part A (10.0)

            Minutes

 

Moved by: Councillor Alex Chiu

Seconded by: Councillor Alan Ho

 

That the minutes of the Development Services Committee meeting, Part A, held April 5, 2011, be confirmed.

CARRIED

 

 

2.         FLAP - UPDATE COUNCIL ON THE
            FATAL LIGHT AWARENESS PROGRAM (10.0)

 

Michael Mesure of the Fatal Light Awareness Program (FLAP) gave a presentation, explaining the efforts of the organization to protect birds and minimize the urban hazards. The dangers of lighting and glass surfaces were described, as well as the mitigating measures that can be used. Markham is recognized as a leader in this initiative.

 

In response to questions, Mr. Mesure advised of information sources available for householders.

 

The Committee thanked Mr. Mesure for his work in this program, and acknowledged Councillor Valerie Burke’s leadership in this regard. Councillor Valerie Burke thanked Council and Town staff for their support.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Valerie Burke

 

That the presentation provided by Michael Mesure regarding FLAP - Update Council on the Fatal Light Awareness Program be received.

CARRIED

 

 

 

 

 

 

3.         ROUGE PARK UPDATE (10.0)

            Presentation

 

Alan Wells, Chair, Rouge Park gave a presentation to update Council on Rouge Park issues.

Rouge Park is a major regional park protecting wetland, riparian, meadow and forest habitat, while offering stewardship and visitor experiences. It is an important natural, cultural and agricultural landscape and is the largest natural environment park in an urban area in North America (over 40 km2). Connections in the Rouge Park management area include 1558 ha (3850 ac) in Markham - Little Rouge Corridor, Bob Hunter Memorial Park, and Markham East Lands.

 

Mr. Wells outlined the strong partnership support via the Rouge Park Alliance, and the many exciting things that are underway in the Park.

 

In 2011 all Rouge Park lands in Markham will be revisited and consolidated. The specific goals of the consolidated plan, the consultant selection process, study components, and budget and funding issues were discussed. The total cost is approximately $150,000. Markham will be requested to fund $50,000 and $25,000 will be requested from York Region. A staff report will be coming forward with respect to the funding.

 

The Committee discussed the recent election implications, and staff recommended the Town proceed to define the plan in preparation of federal input. Mr. Wells agreed to provide a list of the project management team members, and noted that Markham is a key member of the team.

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

That the presentation provided by Alan Wells, Chair, Rouge Park regarding Rouge Park Update be received.

CARRIED

 

 

4.         ROUGE PARK TRAILS MASTER PLAN (10.0)

            Presentation

 

Mark Schollen, Principal, Schollen & Company Inc. gave a presentation regarding the Rouge Park Trails Master Plan. The presentation included: the draft vision for the Rouge Park trail system; Rouge Park goals and objectives; and the framework for the system.

 

Issues discussed involved the design principles related to natural heritage, the approach to the ecological assessment, accessibility, uses and recreational activities within the park, and transit connections to reach the park. The comments from the Public Meetings and the process going forward were summarized.

 

The Committee discussed the lands included in the Master Plan, and noted that bicycle paths should be separated from the road and buffered, where possible. Mr. Schollen agreed to meet with the Deputy Mayor and other interested Council members to review full-scale details of the plan.

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Regional Councillor Gord Landon

 

That the presentation provided by Mark Schollen, Principal, Schollen & Company Inc. regarding Rouge Park Trails Master Plan be received.

CARRIED

 

 

 

5.         LIBERTY DEVELOPMENT CORPORATION
            (WORLD ON YONGE) 7161 & 7171 YONGE STREET
            REQUEST FOR DEPUTATION PERTAINING TO
            NO-PRESALE AGREEMENT AND CONDITIONS OF
            RELEASE OF PHASE 2 RESIDENTIAL UNITS (10.0)

            Memo  Correspondence 

 

Correspondence was provided from Marilyn Ginsburg of the Grandview Area Residents Association, with concerns regarding the development by Liberty Development Corporation (World On Yonge) 7161 & 7171 Yonge Street, with respect to transit issues and removal of the Hold provision.

 

Marion Mathias made a deputation in objection to the requested amendment to the agreement and conditions of release of Phase 2 Residential Units for Liberty Development Corporation (World On Yonge) 7161 & 7171 Yonge Street, on the basis of transit issues and maintaining the public trust.

 

Bill O'Donnell, Development Consultant, Liberty Development Corporation made a deputation, advising that there are a large number of interested purchasers that are unable to enter into an Agreement of Purchase and Sale under the current no pre-sales agreement with the Town. He suggested that the request to amend the agreement and conditions of release of Phase 2 residential units would not compromise the Town or the proper development of the property. He also noted that completion will not occur until mid-2015 or later, and is dependent on servicing allocation.  Liberty is not requesting removal of the H (Hold) provision, and the Hold and other conditions will remain in place to ensure that the Town is satisfied regarding servicing and transportation conditions prior to the Building Permit.

 

The Committee acknowledged Liberty Development Corporation’s support and contribution to the community, and noted concerns that pressure will be placed on Markham to remove the Hold provision, and that the request may undermine agreements with other developers

 

Discussions included the time frame for servicing allocation and the expectations of purchasers for occupancy. The applicant’s revised traffic study has yet to be reviewed. It was agreed to refer this matter back to staff, and to request expedited comments from the Region. A copy of the wording that would be inserted into the agreement of purchase and sale was requested from the developer.

 


Direction was given for Planning and Legal staff to review allocation, transportation (shuttle bus), and occupancy issues, as well as the wording of the developer’s sales agreement and the options for potential purchasers to withdraw from the agreement if the developer cannot deliver on date. This matter was requested to return to the Committee as soon as possible.

 

It was noted that it is important to ensure the integrity of the agreement is maintained. It was also noted that a prolonged construction site is not desirable for the community.

 

Moved by: Councillor Valerie Burke

Seconded by: Councillor Howard Shore

 

1)                  That the presentation provided by Bill O'Donnell. Development Consultant, Liberty Development Corporation regarding Liberty Development Corporation (World On Yonge) 7161 & 7171 Yonge Street - No-Presale Agreement and Conditions of Release of Phase 2 Residential Units be received; and

 

2)                  That the correspondence from Marilyn Ginsburg of the Grandview Area Residents Association, regarding Liberty Development Corporation (World On Yonge) 7161 & 7171 Yonge Street, be received; and

 

3)                  That the deputation by Marion Matthias regarding Liberty Development Corporation (World On Yonge) 7161 & 7171 Yonge Street, be received; and

 

4)                  That the memorandum  entitled, “Request for Deputation by Liberty Development Corporation re Phase 2 of World on Yonge, 7161 and 7171 Yonge Street”, be received as information; and further,

 

5)                  That the request by Liberty Development Corporation (World On Yonge) 7161 & 7171 Yonge Street, regarding the No-Presale Agreement and Conditions of Release of Phase 2 Residential Units be referred to staff for a report back at the earliest opportunity, and that York Region be requested to provide an expedited response.

CARRIED

 

 

 

6.         UPPER UNIONVILLE INC.
            NORTHEAST CORNER OF 16TH AVENUE AND KENNEDY ROAD
            WITHIN THE BERCZY VILLAGE SECONDARY PLAN AREA
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION APPROVAL
            AND IMPLEMENTING ZONING BY-LAW AMENDMENTS
            (SU 10 118874 (19TM-10003) AND ZA 10 118878) (10.7, 10.5)

            Report App A  App B  App C  App D  App E  

 

Jeanne Ker-Hornell made a deputation regarding the development by Upper Unionville Inc. with respect to concern for the preservation of the Philip Eckardt Log House, circa 1808, also known as the First House, on the former Beckett Farm. Ms. Ker-Hornell commended the applicant for agreeing to name most of the streets, parks and ponds in the subdivision for the Pioneer Settlers.

Staff gave a summary of the development proposal and advised that the two heritage houses on the property are being preserved, the cemetery is properly buffered and expanded, and schools, parks and sustainability features are contained in the design plan.

 

With respect to the Philip Eckardt House, it has been designated under the Ontario Heritage Act and is proposed to be properly preserved on a residential lot in private ownership. The Town has considered acquiring the building; however, it is not the standard practice of the Town.  The Committee requested a written response from the applicant outlining the preservation plan and possible options including public ownership. It was noted that the building is very small, and consideration must be given to the opportunities, potential alterations, and costs that would be involved for public use.

 

Dave Stewart of TACC Developments, representing the applicant, was in attendance to respond to questions. Discussions included: maintenance of the school site; the wetlands compensation package; options to upgrade the chain link fence adjacent to valleylands; options to upgrade the super mailboxes; streetlamp styles; and  provision of bike paths. Staff will review bike paths and report back.

 

The Committee acknowledged the developer’s attention to the streetscape and sustainability aspects, and commitment to planting trees.  The importance of preserving the historically significant Bur Oak tree on the property was noted. The park boundary containing the tree will be defined at a later phase, as well as the treatment of the Eckardt House.

 

It was also noted that reference made to the Ward Councillor in the staff report should refer to the Ward 3 Councillor. The Ward 4 Councillor noted that a previously stated conflict of pecuniary interest no longer applies.

 

This matter will proceed to the Council meeting on May 3, 2011.

 

Moved by: Councillor Carolina Moretti

Seconded by: Councillor Alex Chiu

 

1)         That the deputation by Jeanne Ker-Hornell regarding the development by Upper Unionville Inc. and heritage issues, with respect to preservation of the Berczy House on the Beckett Farm, be received; and

 

2)         That the report entitled “Upper Unionville Inc., Northeast corner of 16th Avenue and Kennedy Road within the Berczy Village Secondary Plan area, Applications for Draft Plan of Subdivision Approval and implementing Zoning By-law Amendments, File No.’s: SU 10 118874 (19TM-10003) and ZA 10 118878”, dated April 12, 2011, be received; and,

 

3)         That draft plan of subdivision 19TM-10003 submitted by Upper Unionville Inc., be draft approved subject to the conditions outlined in Appendix ‘A’; and,

 

4)         That the application submitted by Upper Unionville Inc. to amend Zoning By-laws 304-87 and 177-76, as amended, be approved and the draft by-laws attached as Appendices ‘B’ and ‘C’, be finalized and enacted without further notice; and,

 

5)         That conditional 2013 servicing allocation for 300 single detached units (1,110 pop.) be granted to plan of subdivision 19TM-10003 from the total allocation for the Berczy Village Secondary Plan area, assigned in accordance with the January 18, 2011 staff report on servicing allocation;

 

6)         That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-10003 which agreement shall be registered on title, committing the Owner to:

 

            Not enter into any agreements of purchase and sale with end users for the lands, until such time as:

 

         a.      the Town of Markham approves a transfer of servicing allocation to this development that is not dependent upon the construction of infrastructure;

 

            or,

            b.   i.    York Region has advised in writing that it is no earlier than twelve (12) months prior to the expected completion of the Southeast Collector Trunk Sewer and,

                  ii.    The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the subject development;

            or,

            c.   the Regional Commissioner of Environmental Services confirms servicing capacity for this development by a suitable alternative method and the Town of Markham allocates the capacity to this development.

AND

            Not enter into any agreements of purchase and sale with non end users for the subject lands unless the agreement of purchase and sale contains a condition that requires the purchaser and any subsequent purchasers to enter into a separate agreement with the Town of Markham, which agreement shall be registered on title, committing the new Owner to the same terms as set out in items a, b and c above; and,

 

7)         That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,

 

8)         That the Region of York be advised of the servicing allocation for this development; and,

 

9)         That the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law 2011-61); and further,

 

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

CARRIED

7.         TOOLS TO PROMOTE ECONOMIC
DEVELOPMENT WITHIN MARKHAM CENTRE (10.16)

            Report  Att A  Att B  Att C  Att D  Att E  Att F  Att G 

 

Catherine Conrad, Town Solicitor, discussed the establishment of two tools to encourage economic development and timely development in Markham Centre.

1)      Community Improvement Plan

2)      Municipal Services Corporation

 

Harry Eaglesham, Unionville resident, questioned the area encompassed by the Community Improvement Plan, and staff advised that the principal area of interest is in the proposed mobility hub and “Markham Live” area. Mr. Eaglesham referred to a previous urban design plan for the area on the north side of Highway 7 in Unionville, and requested that the lands in the Heritage District on the north side of Highway 7 be included in the CIP. Staff were directed to look into this request.

 

This matter will proceed to the Council meeting on May 3, 2011.

 

Moved by: Regional Councillor Gord Landon

Seconded by: Councillor Alex Chiu

 

1)                 That the deputation by Harry Eaglesham regarding Tools to Promote Development within Markham Centre, be received; and

 

2)         That the report entitled “Tools to Promote Economic Development Within Markham Centre” be received; and,

 

3)         That Staff be authorized to commence the process to establish the Markham Centre Secondary Plan Area (OPA 21), shown on Attachment D, as a Community Improvement Project Area; and,

 

4)         That Staff be authorized and directed to undertake the process, including the preparation of a business case and consultation with stakeholders, to incorporate a municipal services corporation pursuant to section 203 of the Municipal Act, for further designation as an Economic Development Corporation; and,

 

5)         That a by-law be adopted to establish Markham Centre as shown on  Attachment D hereto, as a Community Improvement Project Area; and,

 

6)         That Staff be authorized to schedule a public meeting in conjunction with the May 31, 2011 Council meeting to consider the draft Community Improvement Plan, attached as Appendix G, identifying a strategic framework for potential community improvement projects in Markham Centre; and further,

 

7)         That staff be authorized directed to do all things necessary, including the execution of any necessary documents by the Chief Administrative Officer, or others delegated by him, to give effect to the recommendations of this report.

CARRIED

8.         REQUEST FOR AUTHORIZATION TO
            CALL STATUTORY PUBLIC MEETINGS
            FILE NUMBER’S:
            I.          ZA 11 109 848 – WOODBINE MACKENZIE DEVELOPMENTS
                        – EAST CATHEDRAL COMMUNITY
            II.        ZA 11 111796 – CROWN OF MARKHAM PHASE II
                        – WEST CATHEDRAL COMMUNITY
            III.       ZA 10 130576 – KING DAVID INC. – WEST CATHEDRAL COMMUNITY
            IV.       ZA 10 131180 – WOODEN SPIRE ESTATES INC.
                         – THE SHOPPES OF BOXGROVE – 6899 14TH AVE (10.0)

            Report

 

Staff advised that due to a timing issue this request to call Public Meetings is before the Committee at this time, and preliminary reports will be presented at the next Committee meeting.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Don Hamilton

 

1)         That the Staff memorandum dated May 3, 2011, entitled “Request for authorization to call Statutory Public Meetings”, Files ZA 11 109 848, ZA 11 111796, ZA 10 130576 and ZA 10 131180”, be received; and,

 

2)         That Staff be authorized to schedule statutory Public Meeting’s for the following applications:

 

            ZA 11 109 848 – Woodbine MacKenzie Developments – East Cathedral Community

            ZA 11 111796 – Crown of Markham Phase II – West Cathedral Community

            ZA 10 130576 – King David Inc. – West Cathedral Community

            ZA 10 131180 – Wooden Spire Estates Inc. – The Shoppes of Boxgrove – 6899 14th Ave; and further,

 

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

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

 

 

9.         WORLD PARKING SYMPOSIUM VIII
            NIAGARA-ON-THE-LAKE, JUNE 26 – 29, 2011,  AND
            SUSTAINABLE MOBILITY SUMMIT 2011
            VANCOUVER, OCTOBER 30 – NOVEMBER 2, 2011 (11.12)

 

Regional Councillor Gord Landon gave a brief overview of the World Parking Symposium VIII and the Sustainability Mobility Summit. The Committee supported Regional Councillor Gord Landon’s attendance at both events, and Councillor Alan Ho’s attendance at the Summit. Funding will be drawn from the Transportation budget.

 

This matter will proceed to the Council meeting on May 3, 2011.

 

Moved by: Councillor Alex Chiu

Seconded by: Councillor Don Hamilton

 

!)          That approval be given to Regional Councillor Gord Landon to attend the World Parking Symposium VII being held in Niagara-on-the-Lake, on June 26-29, 2011, and the Sustainable Mobility Summit 2011 in Vancouver, British Columbia, on October 30-November 2, 2011; and,

 

2)         That the expenses related to the attendance of the conference be charged to the Transportation Budget.

CARRIED

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

3)         That approval be given to Councillor Alan Ho to attend the Sustainable Mobility Summit 2011 in Vancouver, British Columbia, on October 30-November 2, 2011; and,

 

4)         That the expenses related to the attendance of the conference be charged to the Transportation Budget.

CARRIED

 

 

 

10.       COMMITTEE REPORTS (16.0)

 

The Committee discussed the importance of the Committee/Sub-Committee Chairs being aware of new reports, prior to the meeting. It was suggested that Chairs and Commissioners engage in a regular meeting arrangement to review the agenda prior to the Committee meeting. 

 

 

 

11.       ONTARIO MUNICIPAL BOARD APPEALS
ARYEH CONSTRUCTION LIMITED
8293 AND 8303 WARDEN AVENUE
MARKHAM CENTRE PLANNING DISTRICT (8.0)

 

The Committee was provided with an update on this matter. The OMB has deferred the hearing to allow staff and the applicants to continue discussions.

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at 1:00 PM.

 

 

 

Alternate formats for this document are available upon request.

 

No Item Selected