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MINUTES

DEVELOPMENT SERVICES COMMITTEE

2007-12-04

Meeting No. 33

All Members of Council

Development Services                                                                 Economic Development

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

Vice-Chair:      Councillor J. Webster                                                                             Transportation Issues

                                                                                                                                        Chair:          Regional Councillor G. Landon

 

 

PART B

Report Agenda

9:00 a.m. – Council Chamber

 

Attendance

Mayor F. Scarpitti

Regional Councillor J. Jones

Regional Councillor J. Heath

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

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Brown, Director of Engineering

C. Conrad, Town Solicitor

S. Chait, Director, Economic Development

L. Irvine, Manager, Parks and Open Space Planning

V. Shuttleworth, Director of Planning and Urban Design

K. Kitteringham, Deputy Clerk

A. Tari, Committee Clerk

 

The Development Services Committee convened at the hour of 9:05 a.m. in the Council Chamber with Councillor J. Webster in the Chair.  Regional Councillor T. Wong assumed the Chair for Economic Development item No. 11. Regional Councillor G. Landon assumed the Chair for Transportation items, Nos.12 through 19.

 

 

DISCLOSURE OF PECUNIARY INTEREST

 

None disclosed.

 

 

 

 

 

 

 

 

1.         PRESENTATION OF SERVICE AWARDS (12.2.6)

 

Eardley Adams, Project Manager, Asset Management, 20 years

Peter Michaud, Working Supervisor, Operations - Waterworks Division, 20 years

Paul Parkin, Group Leader, Operations, 20 years

Gary Scheepers, Working Supervisor, Forestry, Operations, 20 years

Jack Heath, Regional Councillor, Mayor & Council, 10 years

Alex Loga, Database Administrator, Information Technology Services, 10 years

Joseph Virgilio, Councillor Ward 3, Mayor & Council, 10 years

Karen Dennison, Manager, System Engineering, Operations - Waterworks Division, 3 years

Shahid Rehman, Inventory Control Coordinator, Operations - Fleet & Supplies Division, 3 years

 

 

 

2.         TREE PRESERVATION BY-LAW (5.7)

            Presentation 

 

Ms. L. Irvine, Manager, Parks and Open Space Planning continued her presentation with respect to the Tree Preservation By-law. (On November 27, 2007 the Development Services Committee requested the remainder of the presentation be deferred to today’s meeting)

 

The Committee suggested staff consider the following:

·        Delegating appeals to a body other than Council

·        Further discussion with respect to accepting arborist reports as final and binding

·        Specifying fines for non-compliance in the By-law

·        How to preserve very old trees on private property

·        Requiring exempted local boards to follow a process with respect to tree cutting

·        Not including the York Region By-law as an exemption

 

Ms. Marion Matthias, local resident, addressed the Committee on the proposed Tree Preservation By-law stating that once the By-law is enacted the Town needs to have a 24 hour hotline available that residents can report violations to.  She stated that the preservation of trees is an important issue and suggested appeals should be heard by Council.  Ms. Matthias also stated that Markham Council should not allow the Region of York to remove wood lots and suggested the Town should speak to private Cemetery Boards about their tree cutting policy.

 

Moved by Councillor V. Burke

Seconded by Councillor D. Horchik

 

That the presentation from Ms. L. Irvine, Manager, Parks and Open Space Planning providing an update on the proposed Tree Preservation By-law be received;

 

And, that a Tree Preservation By-law Task Force be formed with Regional Councillor T. Wong, Regional Councillor J. Heath, Councillor D. Horchik, Councillor V. Burke, Councillor E. Shapero, Linda Irvine, and Carolyn Stobo;

 

And, that the Tree Preservation By-law Task Force report back to the Development Services Committee.

CARRIED

 

 

 

3.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- November 20, 2007, Part B (10.0)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the minutes of the Development Services Committee meeting, Part B, held November 20, 2007, be confirmed.

CARRIED

 

 

 

4.         DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- November 20, 2007 (10.0)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the minutes of the Development Services Public Meeting, held November 20, 2007, be confirmed.

CARRIED

 

 

 

5.         MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
            - July 18, 2007
            - October 10, 2007 (10.0)

            July 18  Oct. 10

 

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the minutes of the Markham Public Art Advisory Committee meetings held on July 18, 2007 and October 10, 2007, be received.

CARRIED

 

 

 

 

6.         HERITAGE MARKHAM COMMITTEE MINUTES
            - November 14, 2007 (16.11)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the minutes of the Heritage Markham Committee meeting held on November 14, 2007, be received.

CARRIED

 

 

 

7.         REPORT ON INCOMING PLANNING APPLICATIONS
            FOR THE PERIOD OF OCTOBER 26, 2007 TO NOVEMBER 2, 2007 (10.0)

            Report

 

Staff advised that the demolition permit was denied for 179 John Street and it has been appealed.  The applicant has filed a site plan application for a proposed new dwelling, which application must also be dealt with by the Town.

 

Moved by Councillor V. Burke

Seconded by Councillor L. Kanapathi

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of October 26, 2007 to November 2, 2007” 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

 

 

 

8.         ASSUMPTION OF PLANS OF SUBDIVISION (10.7)

            Report

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

Whereas by Memorandum dated October 22, 2007 the Director of Engineering advised that the guarantee periods for Registered Plan 65M-2893, 65M-2894, 65M-3528, 65M-3574, 65M-3000, 65M-3453,  Parts 2 to 8, Plan 65R-15023, Parts 1 and 2, Plan 65R-29876 has expired and all conditions of their respective subdivision agreements have been complied with and recommend that these subdivisions be granted final assumption.

 

Now therefore be it resolved:

 

That the services in the following subdivisions be assumed:

 

Cedarland Properties Limited                                                                            65M-2893

                                                                                                                        65M-2894

 

Lazo Mikijelj and Marco Muzzo, Trustees                                                        65M-3528

 

Anison Management Inc.

Ashton Meadows Inc.

Invar (1989) Limited                                                                                         65M-3574

 

Laburnham Investments Inc.                                                                              65M-3000

 

Laburnham Investments Inc.                                                                              65M-3453

 

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements.

 

And further that the necessary by-laws be enacted to establish roads within the subdivisions as part of the highways of the Town of Markham.

CARRIED

 

 

 

9.         B. MCGREGOR DEVELOPMENTS LTD.
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO FACILITATE THE CONSTRUCTION
            OF A 32 UNIT TOWNHOUSE DEVELOPMENT
            AT THE NORTHWEST CORNER OF 16TH AVENUE
            AND STONEBRIDGE DRIVE WITHIN THE
            BERCZY VILLAGE SECONDARY PLAN AREA
            (ZA 07 110709) (10.5)

            Report  Attachment

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That a Public Meeting be held to consider the Zoning Amendment application (ZA 07 110709) submitted by B. McGregor Developments Limited to facilitate the construction of a 32 unit townhouse development at the northwest corner of 16th Avenue and Stonebridge Drive within the Berczy Village Secondary Plan Area. 

 

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

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

 

That the correspondence received from Pat and Linda Cubellis, William Chan and Siu Fun Ng, Xingzhong Chen & Xiaojuan Kang, Leoncio and Maria Teresita (petition enclosed) in objection to the proposed application at the northwest corner of 16th Avenue and Stonebridge Drive (ZA 07 110709), be received.

CARRIED

 

 

 

10.       OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
            APPLICATIONS BY BOX GROVE HILL DEVELOPMENTS INC.
            TO PERMIT A SERVICE STATION AND
            ASSOCIATED
CONVENIENCE RETAIL USES
            AND A STAND ALONE RESTAURANT WITHIN THE
            NORTHEAST AREA OF THE BOX GROVE COMMUNITY
            (OP 06 113600 & ZA 06 113759) (10.3, 10.5)

            Report  Attachment

 

Moved by Regional Councillor J. Heath

Seconded by Councillor L. Kanapathi

 

That the Official Plan Amendment application (OP 06 113600) submitted by Box Grove Hill Developments Inc. to provide for a service station and associated convenience retail uses and a stand alone restaurant within the northeast area of the Box Grove Community, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;

 

That the Zoning By-law Amendment application (ZA 06 113759) to amend By-law 177-76, as amended, submitted by Box Grove Hill Developments Inc. to permit a service station and associated convenience retail uses and a stand alone restaurant within the northeast area of the Box Grove Community, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’, be finalized and enacted.

CARRIED

 

 

 

11.       TOWN-INITIATED AMENDMENT
            TO THE SIGN BY-LAW
            (WALL SIGNS IN SPECIAL SIGN DISTRICTS)
            (ZA 07 109644) (2.16 & 10.0)

            Report  Attachment

 

Staff advised this amendment relates to the size of the signs in special sign districts.  Staff also indicated that Main Street Unionville is exempt from this amendment based on public input but, the area along Highway 7  in Unionville is included in order to encourage the clean up of some of the current signs.

 

Moved by Regional Councillor J. Heath

Seconded by Councillor A. Chiu

 

That the Development Services Staff Report entitled “Recommendation Report, Town-Initiated Amendment to the Sign By-Law (Wall Signs in Special Sign Districts), ZA 07 109644,” be received;

 

That the proposed amendment to the Sign By-law 2002-94, attached as Appendix ‘C’, be approved and enacted without further notice;

 

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

CARRIED

 

 

 

12.       INNOVATION SYNERGY CENTRE IN MARKHAM (10.16)

            Presentation

 

Moved by Councillor J. Webster

Seconded by Mayor F. Scarpitti

 

That the presentation by Mr. B. Glandfield, President and CEO, Innovation Synergy Centre in Markham (ISCM), regarding the Synergy Centre Markham,  be received.

CARRIED

 

 

 

13.       THE SUSTAINABLE URBAN TRANSPORTATION AWARD
            SMART COMMUTE 404-7 (12.2.6)

 

Moved by Regional Councillor J. Heath

Seconded by Councillor A. Chiu

 

Mayor and Members of Council accepted with thanks the Sustainable Urban Transportation Award presented by Mr. Tom AppaRao, Transportation Association of Canada representative for Urban Sustainability and Director of Transportation Planning, Region of Peel. 

CARRIED

 

 

 

 

 

 

 

 

14.       PROPOSED ADULT SCHOOL CROSSING GUARD
            AT BUR OAK AVENUE AND ROY RAINEY AVENUE (5.12)

            Report  Attachment

 

Moved by Regional Councillor J. Heath

Seconded by Councillor C. Moretti

 

That the staff report entitled “Proposed Adult School Crossing Guard at Bur Oak Avenue and Roy Rainey Avenue” dated December 4, 2007, be received;

 

And that the Engineering Department be authorized to establish an adult school crossing guard service at the intersection of Bur Oak Avenue and Roy Rainey Avenue, at a cost of $4,628.40 per year, exclusive of GST;

 

And that the adult school crossing guard services be funded through the Operating Budget, account 640-9985642;

 

And that the Operations Department be directed to install the school crossing signs and crosswalk pavement markings at the subject location to a maximum of $1,000;

 

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

CARRIED

 

 

 

15.       PROPOSED ALL WAY STOP CONTROL
            – (1) RODICK ROAD AND RIVIERA DRIVE AND
            (2) WORTHING AVENUE AND CARTMEL DRIVE (5.12.3)

            Report  Att 1  Att 2  By-law 

 

Moved by Regional Councillor J. Heath

Seconded by Councillor C. Moretti

 

That the report entitled “Proposed All Way Stop Control – (1) Rodick Road and Riviera Drive and (2) Worthing Avenue and Cartmel Drive” dated December 4, 2007, be received;

 

And that Schedule 12 of By-law 106-71 for all-way stop control be amended to include the intersections of (1) Rodick Road and Riviera Drive and (2) Worthing Avenue and Cartmel Drive;

 

And that the Operations Department be directed to install the appropriate signs and pavement markings at the subject locations, funded through the 2008 Engineering budget, Capital Project #8402;

 

And that the Operations Department be directed to maintain the signs and pavement markings at the subject locations;

 

 

And that York Regional Police be requested to enforce the all-way stop control upon installation of these signs and passing of the By-law;

 

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

CARRIED

 

 

 

16.       HIGHWAY 404 NORTHBOUND OFF RAMP
            EXTENSION AT HIGHWAY 7
            CLASS ENVIRONMENTAL ASSESSMENT (5.10)

            Report  Attachment A  Attachment B

 

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

 

That the staff report entitled “Highway 404 Northbound Off Ramp Extension at Highway 7 Class Environmental Assessment” , dated December 4, 2007, be received;

 

And that the preferred alternative for the construction of the Northbound Off Ramp at Highway 404 and Highway 7 as set out in the Environmental Study Report be endorsed;

 

And that staff be authorized to issue a Notice of Study Completion for the project which will make the Environmental Study Report available for public review for a period of 45 days commencing December 13th 2007;

 

And that the Mayor and Clerk be authorized to enter into Agreements to acquire land which may be required to implement the preferred alternative in a form satisfactory to the CAO and the Town Solicitor and subject to capital budget approval;

 

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

CARRIED

 

 

 

 

 

 

 

 

 

 

 

17.       CONSULTANT SELECTION RFP #078-R-07
            CLASS ENVIRONMENTAL ASSESSMENT
            FOR MAIN STREET MARKHAM
            HIGHWAY 407 TO THE FUTURE
            DONALD COUSENS PARKWAY (5.10)

            Report  Attachment

 

Committee requested staff to correct the report to state Robinson Creek at Bullock and Mount Joy Creek, south of Major Mackenzie Drive

 

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

 

That the report entitled “Consultant Selection RFP # 078-R-07, Class Environmental Assessment for Main Street Markham, Highway 407 to the future Donald Cousens Parkway” be received;

 

And that the Request for Proposal #078-R-07 be awarded to the highest ranked qualified firm, McCormick Rankin Corporation for an upset limit of $497,000 exclusive of GST ($526,820 inclusive of GST);

 

And that a contingency amount of $74,550 exclusive of GST ($105,364 inclusive of GST) be established to cover any additional costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

 

And that the sum of $214,490 exclusive of GST be pre-approved in the 2008 Capital budget to increase the existing approved budget amounts as described in the financial considerations of this report, and be funded by Development Charges;

 

And that upon payment of all invoices, any remaining funds be returned to the original funding source;

 

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

CARRIED

 

 

18.       UPDATE ON TRAIN ANTI-WHISTLING
             AT RAIL CROSSINGS (5.13)

            Report  Attachment A  Attachment B

 

The Committee suggested including a list of which Municipalities have a horn or whistling at rail crossings in their report.

 

Moved by Regional Councillor J. Heath

Seconded by Councillor C. Moretti

 

That the report entitled “Update on Train Anti-whistling at Rail Crossings”, be received;

 

And, that the report entitled “Update on Train Anti-whistling at Rail Crossings” be circulated to the Unionville Villagers, residents south of the tracks, Unionville BIA, and Unionville Ratepayers Association;

 

And that staff report back on an Automated Horn System and the anti-whistling pilot project in the Unionville and Markham areas;

 

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

CARRIED

 

 

 

19.       GUIDELINES FOR THE RESOLUTION OF
            RAILWAY NOISE AND VIBRATION COMPLAINTS
            UNDER THE CANADA TRANSPORTATION ACT (5.13)

            Report  Attachment A  Attachment B

 

Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

 

That the report entitled “Guidelines for the Resolution of Railway Noise and Vibration Complaints Under the Canada Transportation Act”, be received;

 

And that staff provide comments to the Canadian Transportation Agency on the draft guidelines for resolving complaints related to railway noise and vibration as outlined in this report;

 

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

CARRIED

 

 

 

20.       PETITION REGARDING WIDENING OF 16TH AVENUE (5.10)

            Petition

 

Moved by Regional Councillor T. Wong

Seconded by Councillor A. Chiu

 

That the petition received from residents of Swan Lake in objection to the widening of 16th Avenue, be received.

CARRIED

 

 

 

 

NEW BUSINESS

 

21.       SIGNAGE AT ST. VLADIMIR CHURCH (2.16)

 

Councillor V. Burke provided a brief PowerPoint presentation with respect to a request from St. Vladimir's Ukrainian Catholic Church for directional signage.

 

Mr. Jury Kopach, St. Vladimir's Ukrainian Catholic Church, requested the Committee grant permission for the Church to erect two directional signs.  He advised that people who would like to attend the Church have difficultly locating it and suggested one sign be located at Yonge Street and Colborne Street and one at Church Lane and John Street.

 

Ms. Marian Matthias stated her support with respect to erecting two directional signs for the St. Vladimir's Ukrainian Catholic Church.

 

Moved by Councillor V. Burke

Seconded by Mayor F. Scarpitti

 

That staff be requested facilitate the erection of two directional signs for St. Vladimir’s Ukrainian Catholic Church in Markham to be situated at the northeast corner of Yonge Street and Colborne Street and at the northwest corner of John Street and Church Lane, as expeditiously as possible.

CARRIED

 

 

22.       IN CAMERA ITEM (8.0)

 

Moved by Regional Councillor G. Landon

Seconded by Councillor C. Moretti

 

That Development Services Committee resolve into an in camera session to discuss a confidential litigation matter. (11:35 a.m.):

 

 

(1)        LITIGATION MATTER

CARRIED

 

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

 

That the Committee rise (11:43 a.m.)

CARRIED

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 11:45 a.m.

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