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Development Services Committee Minutes

June 11, 2018, 9:00 AM to 5:00 PM

Council Chamber

Meeting No. 12

All Members of Council

 

Attendance

Mayor Frank Scarpitti (9:25)

Deputy Mayor Jack Heath

Regional Councillor Jim Jones

Regional Councillor Joe Li (9:20)

Regional Councillor Nirmala Armstrong

Councillor Valerie Burke

Councillor Alan Ho

Councillor Don Hamilton

Councillor Karen Rea

Councillor Colin Campbell

Councillor Amanda Collucci (9:20)

Councillor Logan Kanapathi

Councillor Alex Chiu

 

Regrets

Deputy Mayor Jack Heath

Andy Taylor, Chief Administrative Officer

Arvin Prasad, Commissioner of Development Services

Ron, Blake, Senior Development Manager

Sally Campbell, Manager, East District

Stephen Chait, Director of Economic Growth, Culture &             Entrepreneurship

Catherine Conrad, City Solicitor and Acting Director of             Human Resources

Regan Hutcheson, Manager, Heritage Planning

Catherine Jay, Development Manager, North District

Biju Karumanchery, Director of Planning and Urban             Design

Brian Lee, Director of Engineering

Stacia Muradali, Senior Planner

Graham Seaman, Director, Sustainability Office

Kitty Bavington, Council/Committee Coordinator

 

 

The Development Services Committee convened at the hour of 9:03 a.m. in the Council Chamber with Regional Councillor Jim Jones in the Chair.  Regional Councillor Joe Li assumed the Chair for Transportation and Engineering Capital Projects item, No. 7.

 

The Committee recessed from 11:15 to 11:25 a.m.; and from 12:55 to 1:50 p.m.

 

 

The Committee extended congratulations to Councillor Logan Kanapathi on his election to Provincial Parliament.

 

 

 

DISCLOSURE OF PECUNIARY INTEREST

 

None Declared

 

 

 

 

1.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- May 28, 2018 (10.0)

            Minutes

 

Moved by: Councillor Logan Kanapathi

Seconded by: Councillor Don Hamilton

 

That the minutes of the Development Services Committee meeting held May 28, 2018, be confirmed.

CARRIED

 

 

2.         SPECIAL DEVELOPMENT SERVICES COMMITTEE MINUTES
- May 22, 2018 (10.0)

            Minutes

 

Moved by: Councillor Logan Kanapathi

Seconded by: Councillor Don Hamilton

 

That the minutes of the Special Development Services Committee meeting held May 22, 2018, be confirmed.

CARRIED

 

 

 

3.         DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- May 22, 2018 (10.0)

            Minutes

 

The Committee amended the resolution to Item # 1, to add reference to acknowledgement of “no vehicular access in and out of their properties”.

 

Moved by: Councillor Logan Kanapathi

Seconded by: Councillor Don Hamilton

 

That the minutes of the Development Services Public Meeting held May 22, 2018, be confirmed, as amended.

CARRIED

 

 

 

 

 

 

 

 

4.         PRELIMINARY REPORT
            NASCENT/SHER (9704 MCCOWAN) INC.
            C/O THE PLANNING PARTNERSHIP
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            TO PERMIT AN EIGHT (8) STOREY MIXED USE
            APARTMENT BUILDING, AND THREE FOUR (4) STOREY APARTMENT
            BUILDINGS AT 9704 MCCOWAN ROAD
            FILE NOS. OP 17 174837 AND ZA 17 174837 (WARD 6) (10.3 & 10.5)

            Report

 

A Committee member referred to aerial photographs that indicate there are many mature trees on the property, and expressed concern for their protection during construction. Staff confirmed that tree preservation is taken very seriously and this issue will be addressed.

 

Moved by: Councillor Karen Rea

Seconded by: Councillor Don Hamilton

 

That the report titled “PRELIMINARY REPORT, Nascent/Sher (9704 McCowan) Inc., C/O The Planning Partnership, Official Plan and Zoning By-law Amendments to permit an eight (8) storey mixed use apartment building, and three four (4) storey apartment buildings at 9704 McCowan Road, File Nos. OP 17 174837 and ZA 17 174837 (Ward 6)” be received.

CARRIED

 

 

5.         INFORMATION REPORT
            46 MAIN STREET NORTH, MARKHAM VILLAGE
            SITE PLAN APPLICATION SC 99 020198
            RAVINA CONDO LIVING (10.6)

            Report

 

A Committee member requested that this matter be deferred to the next Development Services Committee meeting to allow consultation with interested parties. Concerns were identified regarding the single access to the site, the proposed construction parking at 16 Water Street, the narrow width of the driveway, and emergency vehicle access.

 

Staff advised that this application has been approved and the report is for information purposes, as requested by the Committee; the access and turning radius is satisfactory for emergency vehicles, and will not impact the Wedding Cake property; road closures for festivals is a separate issue that impacts several properties and could be addressed through a warning clause in the Condo Declaration and Sale and Purchase Agreement, similar to other developments.

 

The Committee noted that the approval is long-standing and the applicant has been working diligently to resolve issues.

 

Paul Cicchini, Chair of the Markham Village BIA, advised that the street closure issue is ongoing and this development will have the same problem if it only has a single access. Other concerns included construction and parking impacts.

 

Loghman Azar, the Architect for the previous and current proposals, spoke on behalf of the applicant to outline the extensive discussions that had occurred with staff, residents, Councillors, and agencies to achieve site plan approval and address issues, and spoke to the issues of concern. He confirmed that the number of units has not changed, and agreed to add the warning clause concerning street closures, if required. In response to questions regarding the validity of the private agreements with adjacent property owners concerning construction matters, the City Solicitor would not comment on legal documents between private parties.

 

Parking issues during construction will have to be resolved. The Architect advised that off-site parking would only occur for about four months and the two levels of underground parking will be constructed in the first phase to allow construction worker parking on-site, to help alleviate this problem.

 

The Committee noted the written submission from St. Andrews United Church will need to be considered as well.

 

Moved by: Councillor Karen Rea

Seconded by: Councillor Don Hamilton 

 

1)                  That the written submission from John Webster and Don Middleton, representing St. Andrews United Church, regarding 46 Main Street North, be received; and,

 

2)                  That the deputation by Paul Cicchini of the Markham Village BIA regarding 46 Main Street North, be received; and,

 

3)                  That the staff report titled “Information Report 46 Main Street North, Markham Village, Site Plan Application SC 99 020198 Ravina Condo Living”, dated June 11, 2018, be received; and,

 

4)                  That the local Councillor continue to work with staff and the applicant to resolve concerns; and further,

 

5)                  That this matter be deferred to the next Development Services Committee meeting on June 25, 2018.

CARRIED

 

 

6.         ALFRED READ FARMHOUSE
            2780 19th AVENUE
(16.11)

            Presentation

 

Graham Seaman, Director, Sustainability Office,  provided an update regarding the heritage asset on the property, reviewing the  previous consideration by the Committee on this matter, and the current condition and costs of options to demolish, stabilize, full restoration, or relocation by private owners.

 

 

The Committee considered the high cost involved, and the value of the building and noted that the building could not be used until the property is developed in the far future. It was suggested that the building be offered to an interested party for relocation.

 

Heritage staff referred to the staff report from December 11, 2017 which recommended that the property be designated under the Ontario Heritage Act and that relocation not be supported as per the recommendation of the Heritage Markham Committee and the policies of the new Markham Official Plan.  In response to a question, the Manager, Heritage Planning confirmed that this is a significant building which is threatened due to property standard issues and would qualify for relocation to Heritage Estates, but noting that there are only six lots remaining. Discussions included the need for a new heritage subdivision.

 

The Committee requested that the December 11, 2017 report be provided, and that this matter be brought to Council.

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Don Hamilton

 

1)         That the presentation titled as “Alfred Read Farmhouse” be received; and,

 

2)         That the Alfred Read Farmhouse be offered to an interested party for relocation to       Markham Heritage Estates; and further,

 

3)         That this matter be brought to Council on June 26, 2018.

CARRIED

 

 

 

7.         RECOMMENDATION REPORT
            THE CADILLAC FAIRVIEW CORPORATION LTD.
            SITE PLAN APPLICATION TO PERMIT A MOTOR VEHICLE
            SALES ESTABLISHMENT AND ACCESSORY MOTOR VEHICLE
            SERVICE STATION AND MOTOR VEHICLE REPAIR GARAGE
            AT THE NORTHEAST CORNER OF THE
            MARKVILLE SHOPPING CENTRE PROPERTY
            LOCATED AT 5000 HIGHWAY 7 (WARD 3)
            FILE NO. SC 18 180894 (10.6)

            Report

 

The Committee suggested more soft-surfacing be provided to replace the paving, and encouraged the use of native plants and flowers. A representative of the applicant discussed enhancement to the site and agreed to consider these requests.


 

Moved by: Councillor Don Hamilton

Seconded by: Councillor Logan Kanapathi

 

1)         That the report dated June 11, 2018 titled “RECOMMENDATION REPORT, The Cadillac Fairview Corporation Ltd., Site plan application to permit a motor vehicle sales establishment and accessory motor vehicle service station and motor vehicle repair garage at the northeast corner of the Markville Shopping Centre property located at 5000 Highway 7 (Ward 3), File No. SC 18 180894” be received; and, 

 

2)         That the application for site plan approval (SC 18 180894) be endorsed in principle subject to the conditions attached as Appendix ‘A’; and,

 

3)         That site plan approval be delegated to the Director of Planning and Urban Design, or his designate, to be issued following execution of a site plan agreement.  Site Plan approval is issued only when the Director of Planning or his designate has signed the plans; and,

 

4)         That this endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed in that period; and further,

 

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

CARRIED

 

 

 

8.         RECOMMENDATION REPORT
            NATIONAL HOMES (CASTLEMORE AVE) INC.
            SITE PLAN APPLICATION TO PERMIT
            HIGH DENSITY MIXED USE DEVELOPMENT
            AND TOWNHOUSES, INCLUDING SOME LIVE-WORK UNITS
            AT THE SOUTH-EAST CORNER OF MARKHAM ROAD
            AND CASTLEMORE AVENUE (WARD 5)
            FILE NO: SC 17 160938 (10.6)

            Report

 

Staff provided an overview of this proposal, advising that the original approved site plan had lapsed.

 

Billy Tung of KLM Planning Partners, representing the applicant, gave a presentation to provide details of the proposal. The Committee commented on pedestrian crossings, built-in storage within the garages, maneuvering room for garbage trucks, an additional park area at the north corner, greenspace amenities surrounding the high-rise, and pollinator-friendly plantings. A Committee member displayed two photographs illustrating the built-up community, and it was suggested that there should be more room for trees and landscaping, and less hard surfaces.

 

 

Discussions included the practice of extending site plan approval, and amendments made to this proposal since the original site plan with respect to density to support transit. A suggestion was made to bring forward the area concept layout to illustrate the rail-integrated community design. Staff advised that a Secondary Plan exercise for this area will be initiated in 2018; however, the current proposal does comply with the existing Secondary Plan. Staff will be commencing a survey of the transit users at the GO station, this summer.

 

In response to suggestions that the development begin with construction of the high-rise, and that density be maximized, Mr. Tung advised that marketing research supports the current proposal and phasing, which meets the zoning provisions.

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Don Hamilton

 

1)         That the report dated June 11, 2018 and titled “Recommendation Report, National Homes (Castlemore Ave) Inc., site plan application to permit high density mixed use development and townhouses, including some live-work units, at the south-east corner of Markham Road and Castlemore Avenue (Ward 5), File No: SC 17 160938”, be received; and,

 

2)         That the site plan application (File No. SC 17 160938) submitted by National Homes (Castlemore Ave) Inc.to facilitate an 18-storey mixed use building and 84 townhouses, some with live-work units, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,

 

3)         That Site Plan Approval (SC 17 160938) be delegated to the Director of Planning and Urban Design or his designate; not to be issued prior to the execution of a site plan agreement; and,

 

4)         That site plan endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed within that period; and,

 

5)         That Council assign servicing allocation for a maximum of 84 townhouses and a maximum of 158 apartment units; and further,

 

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

LOST

 

 

A Motion to Reconsider this matter was made later in the meeting.


Moved by: Councillor Colin Campbell

Seconded by: Regional Councillor Nirmala Armstrong

 

That the Recommendation Report, National Homes (Castlemore Ave) Inc., site plan application to permit high density mixed use development and townhouses, including some live-work units, at the south-east corner of Markham Road and Castlemore Avenue (Ward 5), File No: SC 17 160938, be reconsidered with respect to approval of one part of the site plan, for the 18-storey high-rise building.

CARRIED by 2/3 vote

 

Following discussions with the applicant and staff, the Committee considered approval of one part of the site plan, consisting of the high-rise building as Phase 1. Mr. Tung noted that the underground parking for the high-rise encompasses additional lands beyond the building, and the road network is also pertinent to Phase 1. The Committee indicated acceptance of incorporating the adjacent 6-unit block into the Phase 1 Plan, to the satisfaction of staff. The remainder of the site plan will be brought back to the Committee for approval.

 

Moved by: Councillor Colin Campbell

Seconded by: Mayor Frank Scarpitti

 

1)         That the report dated June 11, 2018 and titled “Recommendation Report, National Homes (Castlemore Ave) Inc., site plan application to permit high density mixed use development and townhouses, including some live-work units, at the south-east corner of Markham Road and Castlemore Avenue (Ward 5), File No: SC 17 160938”, be received; and,

 

2)         That the site plan application (File No. SC 17 160938) submitted by National Homes (Castlemore Ave) Inc. be endorsed in principle for Phase 1, consisting of the 18-storey mixed use building and incorporating the adjacent 6-unit block only, to the satisfaction of staff, and subject to the conditions attached as Appendix ‘A’; and,

 

3)         That Site Plan Approval (SC 17 160938) for Phase 1 only be delegated to the Director of Planning and Urban Design or his designate; not to be issued prior to the execution of a site plan agreement, it being understood that nothing in that site plan will preclude the remainder of the site or a portion of the site to be redeveloped for high density, fronting onto Highway 48; and,

 

4)         That site plan endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed within that period; and,

 

5)         That Council assign servicing allocation for a maximum of 158 apartment units and 6 townhouse units; and further,  

 

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

CARRIED

 

9.         GEOTHERMAL-BASED COMMUNITY
            ENERGY SYSTEM PILOT PROJECT (WARDS 2 AND 6) (5.0)

            Mattamy Presentation  Staff Presentation  Report

 

Brian Lee, Director of Engineering, introduced this matter.

 

Subhi Alsayed, VP, Sustainable Development, Mattamy Homes, and Graham Seaman, Director, Sustainability & Asset Management provided presentations regarding the Geothermal-Based Community Energy System Pilot Project. Mr. Alsayed responded to questions from the Committee regarding the operation of the proposed energy system. Staff advised that this concept is the first of its kind in Canada and possibly North America, and while all stakeholders support this innovative project, there are many issues to address before implementation.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Regional Councillor Nirmala Armstrong

 

1)         That the presentations by Subhi Alsayed, VP, Sustainable Development, Mattamy Homes, and Graham Seaman, Director, Sustainability & Asset Management, regarding the Geothermal-Based Community Energy System Pilot Project (Wards 2 and 6) be received; and,

 

2)         That the report entitled “Geothermal-Based Community Energy System Pilot Project (Wards 2 and 6)”, dated June 11, 2018, be received; and,

 

3)         That Staff be directed to continue to negotiate with Mattamy and Enwave to address outstanding issues; and,

 

4)         That Staff report back on the result of the negotiation, resolution of issues identified by Staff, and provide comments on the implementation of community energy system pilot project at a future Development Services Committee meeting; and,

 

5)         That the Mayor and Clerk be authorized to enter into agreements, as necessary, to the satisfaction of the Chief Administrative Office and the City Solicitor, to implement the Pilot Project; and further,

 

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

CARRIED

 

 

 

 

 

 

 

 

10.       HOUGHTON BOULEVARD SEWERS (WARD 4) (5.5)

            Report

 

Brian Lee, Director of Engineering, explained the proposal for Houghton Boulevard sewers. The City Solicitor responded to questions regarding repayment guarantees.

 

Moved by: Councillor Karen Rea

Seconded by: Councillor Colin Campbell

 

1)         That the report entitled “Houghton Boulevard Sewers (Ward 4)” be received; and,

 

2)         That a new Engineering capital project be established for the Houghton Boulevard Local Storm and Sanitary Sewer to be up-fronted from the Life Cycle Replacement and Capital Reserve Fund in the amount of $387,250.00 and that the funds be recovered from the benefiting property owners with appropriate interest, if applicable; and,

 

3)         That the total project costs, including actual construction costs, all the engineering and related administrative costs by the City, be recovered in accordance with the requirements of Section 391 of the Municipal Act 2001 and the by-law approved by Council; and,

 

4)         That subject to the final commitment of at least 4 out of 5 property owners to fund the construction, the City proceed with tendering this project for construction; and,

 

5)         That as a result of the tender process, if the final bid price is more than the estimated costs by 10% ($38,725), the City will seek further commitment of the revised costs from a minimum of 4 out of 5 owners; and,

 

6)         That the necessary By-law to levy the associated cost by property be prepared in accordance with the requirements of Section 391 of the Municipal Act 2001 and be forwarded to Council for adoption when the final cost of the project has been determined; and,

 

7)         That property owners be allowed to have the option to pay the full amount of their allocated project costs at the time of the completion of work or in installments over 10 years on their tax bill with interest; and further,

 

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

CARRIED

 

 

 

 

 

 

11.       AWARD OF CONTRACT 025-T-18
            ROUGE VALLEY TRAIL AND
            PEDESTRIAN BRIDGE CONSTRUCTION
            FROM MARKHAM ROAD TO TUCLOR LANE
            AND FROM 14TH AVE. TO TREELINE COURT - PHASE 4A
            (WARDS 4 & 7) (5.0 & 7.12)

            Report

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Don Hamilton

 

1)         That the report entitled “Award of Contract 025-T-18 Rouge Valley Trail and Pedestrian Bridge Construction from Markham Road to Tuclor Lane and from 14th Ave. to Treeline Court - Phase 4A (Wards 4 & 7)” be received; and,

 

2)         That the contract for the Rouge Valley Trail and Pedestrian Bridge Construction from Markham Road to Tuclor Lane and from 14th Avenue to Treeline Court be awarded to the lowest priced bidder, Orin Contractors Inc. in the amount of $1,227,841.25 inclusive of HST; and,

 

3)         That a contingency in the amount of $98,227.30 (8%), inclusive of HST, be established to cover any additional construction requirements and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

 

4)         That the construction award be funded from account 083-5350-18049-005 ‘Rouge Valley Trial Multi-Use Pathway’ in the amount of $1,326,068.55 ($1,227,841.25 + $98,227.30); and,

 

5)         That a Capital Administration fee in the amount of $132,455.14, be allocated to project #18049 ‘Rouge Valley Trial Multi-Use Pathway, Phase 4’; and,

 

6)         That the Internal Contract Administration fee in the amount of $79,564.11 be allocated to project #18049 ‘Rouge Valley Trial Multi-Use Pathway, Phase 4’; and,

 

7)         That the Toronto & Region Conservation Authority (TRCA) permit / archaeological fees in the amount of $20,000 be funded from project #18049 ‘Rouge Valley Trial Multi-Use Pathway, Phase 4’; and,

 

8)         That the total cost for the project in the amount of $1,558,087.80 inclusive of HST ($1,227,841.25 + $98,227.30 + $132,455.14 + $79,564.11 +$20,000.00) be funded from capital project #18049 ‘Rouge Valley Trail Multi-Use Pathway, Phase 4’ with an available budget of $1,268,903.16; and,

 

 

 

9)         That the budget shortfall of $289,184.64 ($1,558,087.80 - $1,268,903.16) in capital budget #18049 ‘Rouge Valley Trail Multi-Use Pathway, Phase 4’ be funded from the Development Charges Reserve in the amount of $187,970.02 and from the Ramp-Up Reserve in the amount of $101,214.62; and further,

 

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

CARRIED

 

 

12.       AUTHORITY TO ENTER INTO
            TRANSFER OF REVIEW AGREEMENT
            WITH THE MINISTRY OF THE ENVIRONMENT
            AND CLIMATE CHANGE (5.0)

            Report

 

Brian Lee, Director of Engineering, provided an explanation of the revised Review Agreement.

 

Moved by: Councillor Logan Kanapathi

Seconded by: Councillor Alex Chiu

 

1)         That the report titled “Authority to Enter into Transfer of Review Agreement with the Ministry of the Environment and Climate Change” be received; and,

 

2)         That Council authorize the Mayor and Clerk to enter into a Transfer of Review Agreement with the Ministry of the Environment and Climate Change (“Ministry”); and further,

 

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

CARRIED

 

 

ANNOUNCEMENTS  

 

The Committee acknowledged that today is Councillor Colin Campbell’s birthday, and wished him all the best.

 

The Committee commended Councillor Amanda Collucci, for her courage in running in the recent Provincial election.

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at 2:12 PM.

 

Alternate formats for this document are available upon request.

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