Meeting No. 18

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the minutes of the Development Services Committee meeting, Part B, held May 20, 2008, be confirmed.

CARRIED

3. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- May 20, 2008 (10.0)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the minutes of the Development Services Public Meeting, held May 20, 2008, be confirmed.

CARRIED

4. HERITAGE MARKHAM COMMITTEE MINUTES
- May 14, 2008 (16.11)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the minutes of the Heritage Markham Committee meeting held on May 14, 2008, be received.

CARRIED

5. MINUTES - CORNELL ADVISORY GROUP
- April 14, 2008 (16.34)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the minutes of the Cornell Advisory Group meeting held on April 14, 2008, be received.

CARRIED

6. MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
- May 14, 2008 (16.34)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the minutes of the Markham Public Art Advisory Committee meeting held on May 14, 2008, be received;

CARRIED

7. MAIN STREET MARKHAM COMMITTEE MINUTES
- May 21, 2008 (16.39)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the minutes of the Main Street Markham Committee meeting held on May 21, 2008, be received.

CARRIED

8. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF APRIL 12, 2008 TO MAY 23, 2008 (10.0)

Report

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of April 12, 2008 to May 23, 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

9.         REQUEST FOR VARIANCE TO THE
            FENCE BY-LAW 277-97, AS AMENDED,
            FOR 7751 YONGE STREET (1547155 ONTARIO LTD.) (2.19)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the report entitled, “Request for Variance to the Fence By-Law 277-97, as amended, for 7751 Yonge Street (1547155 Ontario Ltd.)”, be received; and,

That the request to permit a 2.1m (7ft.) high, wood, acoustic fence in the interior side yard of a proposed residential condominium development at 7751 Yonge Street (1547155 Ontario Ltd.) be approved; and further,

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

CARRIED

10.       REVIEW OF THE EXISTING ZONING BY-LAW
            OFFICIAL PLAN AND SITE DEVELOPMENT GUIDELINES
            FOR THE OAKCREST/SABISTON COMMUNITY (10.5, 10.3 & 10.6)

Mr. Greg Chitilian, Markham resident, addressed the Committee to request that his revised application to facilitate a severance to create two lots (not three) at 4 Oakcrest Avenue not be delayed as a result of the staff review.

The Committee discussed that this is a general policy review, requested by Committee, that will respond to the community’s concerns for the Oakcrest/Sabiston area. Staff advised that the application for 4 Oakcrest Avenue can be dealt with in the Fall of 2008 in the context of the review.

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the report titled “Review of the existing Zoning By-law, Official Plan and Site Development Guidelines for the Oakcrest/Sabiston community,” be received; and,

That recommendation reports for zoning by-law amendment applications (ZA 07 125054, ZA 07 133206 & ZA 07 118576) be brought forward at the same time as the recommendation report on the review of the Oakcrest/Sabiston community; and,

That staff, in consultation with the local Councillor, arrange for a community information meeting to discuss issues associated with the review of the Oakcrest/Sabiston community; and further,

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

CARRIED

11.       REQUEST FOR VARIANCE TO THE
            FENCE BY-LAW 277-97, AS AMENDED,
            FOR 2900 DENISON STREET
            ISLAMIC SOCIETY OF MARKHAM
            (FV 07 126490) (2.19)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the report entitled “Request for Variance to the Fence By-Law 277-97, as amended, for 2900 Denison Street, Islamic Society of Markham” be received; and,

That the request to grant relief from the provisions of the Fence By-Law 277-97, as amended, to permit a 1.5m (5ft.) high decorative iron fence with 1.8m high decorative columns in a front and exterior flankage side yard of the place of worship, located at 2900 Denison Street whereas the By-Law limits the fence height in the front yard and exterior flankage side yard to 1.2m (4ft.), be approved subject to the following conditions:

The fence design is to be consistent with the detail submitted. (Figure 3)
Entry gates must provide a minimum 6.0 meter clear width for fire truck access.
No lock is allowed to be installed as an internally integrated component of the gate system. The gates may only be chained (in order that the chain/lock may be cut by the Fire Department staff in the event of an emergency).
Entry gates can be closed only when there is no occupancy in the building; and further,

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

CARRIED

12.       APPLICATIONS BY A.V. BOMBINI HOLDINGS LTD
            FOR RE-ZONING FROM INDUSTRIAL TO
            BUSINESS CORRIDOR AND SITE PLAN APPROVAL
            TO PERMIT AN OFFICE BUILDING AT 16 HARLECH COURT
            (ZA 08-111725, SC 08-111742); AND,
            TOWN-INITIATED OFFICIAL PLAN AMENDMENT
            TO REMOVE RESTRICTIONS ON PROFESSIONAL
            AND BUSINESS OFFICE USES WITHIN THE
            GENERAL INDUSTRIAL AREA OF THE
            THORNHILL SECONDARY PLAN
            (OP 08- 08 115891) (10.5, 10.3)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the report dated June 17 2008, entitled “Applications by A.V. Bombini Holdings Ltd. for re-zoning from Industrial to Business Corridor and Site Plan Approval to permit an office building at 16 Harlech Court; and, a Town-initiated Official Plan amendment to remove restrictions on professional and business office uses within the General Industrial Area of the Thornhill Secondary Plan”, be received; and,

That a Public Meeting be held to consider the Zoning By-law Amendment application submitted by A.V. Bombini Holdings Ltd. for the rezoning of 16 Harlech Court to permit an office building and a Town-initiated Official Plan amendment to remove restrictions on professional and business office uses within the General Industrial Area of the Thornhill Secondary Plan; and further,

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

CARRIED

13.       APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            APPROVAL AND REZONING BY VETMAR LIMITED
            11050 WOODBINE AVENUE
            (SU 07 127303 & ZA 07 127193)
            TO PERMIT A MIXED EMPLOYMENT/RESIDENTIAL
            DEVELOPMENT IN THE 404 NORTH PLANNING DISTRICT (10.7, 10.5)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That a Public Meeting be held to consider the applications for Draft Plan of Subdivision Approval and Rezoning by Vetmar Limited, 11050 Woodbine Avenue (File Nos.: SU 07 127303 & ZA 07 127193), to permit a mixed employment/residential development in the 404 North Planning District; and,

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

CARRIED

14. 2008 SECOND QUARTER UPDATE
OF THE STREET NAME RESERVE LIST (10.14)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That Development Services Committee receive the updated street name reserve list for the second quarter of 2008, attached as Appendix ‘A’ to the June 17^th, 2008 staff report.

CARRIED

15. INTERPRETIVE PLAQUES FOR
MOUNT JOY HERITAGE BUILDINGS (16.11)

The Committee suggested removing the amount of $3,300 from the staff recommendation.

Moved by Councillor D. Horchik

Seconded by Councillor V. Burke

That Council agree in principle to provide a grant from the Heritage Reserve Fund to the Markham Village Conservancy to assist with the interpretive plaque project for the Mount Joy portion of the Markham Village Heritage Conservation District; and,

That staff be directed to consult with representatives of the Markham Village, Thornhill and Unionville Heritage Conservation Districts concerning the plaque design for future, similar projects within those heritage conservation districts; and,

That staff report back in September of this year with the results of the consultation with the other district representatives, with the preferred plaque design, and to recommend funding for the Markham Village Conservancy project; and further,

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

CARRIED

16.       TOWN INITIATED OFFICIAL PLAN AMENDMENT
            TO SET OUT THE REQUIREMENTS FOR
            COMPLETE APPLICATIONS SUBMISSIONS
            AND TOWN INITIATED BY-LAW TO SET OUT
            DEVELOPMENT PROPONENTS TO CONSULT
            WITH TOWN STAFF
            (OP.07-131262) (10.3)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the staff report entitled “Recommendation Report, Town Initiated Official Plan Amendment to Set Out the Requirements for Complete Applications Submissions, and Town Initiated By-Law to Set Out Development Proponents to Consult with Town Staff File: OP.07-131262”, dated June 17, 2008 be received; and,

That the record of the Public Meeting held on February 19, 2008 be received; and,

That the Official Plan amendment (attached as Appendix ‘A’) to set out requirements for Complete Applications be finalized and adopted; and,

That the By-law (attached as Appendix ‘B’) to set out the requirements for Consultation be finalized and enacted; and further,

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

CARRIED

17.       ELIGIBILITY OF ARCHIBALD FENWICK HOUSE
            FOR RELOCATION TO MARKHAM HERITAGE ESTATES
            4551 ELGIN MILLS ROAD (16.11)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the vacant heritage house known as the “Archibald Fenwick House” be declared eligible for relocation to Markham Heritage Estates due to its cultural heritage significance as an excellent example of an Ontario Regency Cottage associated with a prominent early Markham Township family, and its precarious state of long-term vacancy and deterioration; and,

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

CARRIED

18.       RELEASE OF EASEMENT
            – PART OF LOTS 3 AND 4, CONCESSION 3
            DESIGNATED AS PARTS 1 AND 2, PLAN 65R-28378
            BOX GROVE COMMUNITY (8.1)

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the June 18, 2008 report entitled “Release of Easement – Part of Lots 3 and 4, Concession 3, designated as Parts 1 and 2, Plan 65R-28378, Box Grove Community”, be received; and,

That the Mayor and Clerk be authorized and directed to execute a release of an easement over Part of Lots 3 and 4, Concession 3, designated as Parts 1 and 2, Plan 65R-28378, and any other documents required to give effect thereto; and further,

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

CARRIED

19.       BALDATH RAMPERSAD
            APPLICATIONS FOR REZONING AND
            SITE PLAN APPROVAL TO PERMIT A
            DAYCARE CENTRE AND MEDICAL OFFICES
            AT 10137 WOODBINE AVENUE
            (ZA 07127816 & SC 07 124013) (10.5 & 10.6)

Ms. Anita Woo, Markham resident, addressed the Committee regarding 10137 Woodbine Avenue, stating some concerns with the proposed development. She would like staff to consider the following resident concerns: sufficient parking for the site, location of the Heritage Building, and future traffic signals. Ms. Woo stated that this community already has sufficient commercial developments with medical offices and daycare.

The Committee advised that the Region of York will be installing traffic lights at Major Mackenzie Drive and Hazelton Avenue once the road widening is completed. Staff was requested to meet with Ms. Woo to discuss how her concerns are being addressed.

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the correspondence from Annie Lam, Edwin Lee, Astrid Lam, Anita Woo, Danny Seto and Rita Lei, Irene Au and Carlo and Camille Chiang be received; and,

That the report dated June 17, 2008, entitled “Applications for rezoning and site plan approval to permit a daycare centre and medical offices at 10137 Woodbine Avenue” be received; and,

That Zoning By-law Amendment application (ZA 07 127816) to amend By-laws 304-87 and 177-96, as amended, submitted by Baldath Rampersad to permit a daycare centre and medical/professional offices at 10137 Woodbine Avenue, be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’, be finalized and enacted; and,

That Site Plan Control application (SC 07 124013) submitted by Baldath Rampersad to permit a daycare centre and medical/professional offices at 10137 Woodbine Avenue, be endorsed in principle, subject to the conditions attached as Appendix “B”; and further,

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

CARRIED

20.       1606090 ONTARIO LIMITED
            78 & 90 LEE AVENUE
            DRAFT PLAN OF SUBDIVISION (19TM-05013) AND
            ZONING BY-LAW AMENDMENT TO PERMIT
            10 SINGLE DETACHED DWELLINGS ON THE
            NORTH SIDE OF LEE AVENUE, BETWEEN
            BRIMLEY ROAD AND NOBLE STREET
            (SU 05 013073 AND ZA 05 013080) (10.7, 10.5)

Report Maps By-law

Mr. Donald C. Hindson, Cattanach, Hindson, Sutton VanVeldhuizen, addressed the Committee regarding 1606090 Ontario Limited. He requested that the following amendments be made to the draft zoning by-law: g) iii) add the word “east”; and exclude lot 10 from the holding provision.

Staff will verify that the requests made by Mr. Hindson are consistent with the previous Committee of Adjustment and OMB conditions prior to the By-law coming to Council for adoption.

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor T. Wong

That the report dated June 17, 2008, entitled “1606090 Ontario Limited, 78 & 90 Lee Avenue, Draft Plan of Subdivision (19TM-05013) and Zoning By-law amendment to permit 10 single detached dwellings on the north side of Lee Avenue, between Brimley Road and Noble Street, (SU.05-013073 & ZA.05-013080)”, be received; and,

That the record of the Public Meeting held on December 6, 2005, regarding the proposed plan of subdivision and zoning by-law amendment be received; and,

That the record of the Public Meeting held on April 8, 2008, regarding the proposed plan of subdivision and zoning by-law amendment be received; and,

That draft plan of subdivision 19TM-05013 located on the north side of Lee Avenue between Brimley Road and Noble Street, municipally known as Nos. 78 & 90 Lee Avenue, proposed by 1606090 Ontario Limited be draft approved subject to the conditions outlined in Appendix ‘A’; and,

That the Zoning By-law Amendment application (ZA. 05-013080) to amend By-law 193-81, as amended, be approved as outlined in the staff report and the implementing Zoning By-law attached as Appendix ‘B’, be finalized and enacted; and,

That the Hold provision appended to the zoning be lifted from Parcels ‘A’ and ‘B’ only, as outlined in the staff report and the implementing Zoning By-law attached as Appendix ‘B’ be finalized and enacted; 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; and,

That Council assigns servicing allocation for 8 units within the draft plan from the Town’s reserves; and,

That the Town reserves the right to revoke or re-allocate servicing allocation at it’s sole discretion, should development not proceed in a timely manner; and,

That the draft plan approval for plan of subdivision 19TM-05015 will lapse after a period of three years commencing June 24, 2008, in the event that a subdivision agreement is not executed within that period; and further,

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

CARRIED

21.       INTENTION TO DESIGNATE UNDER PART IV
            OF THE ONTARIO HERITAGE ACT
            MUNSHAW HOMESTEAD
            10 RUGGLES AVENUE
            CONDOR PROPERTIES LTD.(16.11.3)

Mr. Michael McClulanc, ERA Architect Inc., addressed the Committee with respect to the Munshaw Homestead, 10 Ruggles Avenue, requesting a further deferral to allow time to confirm the age of the building and the potential for restoration.

Mrs. Marion Matthias, Thornhill resident addressed the Committee with respect to the Munshaw Homestead, 10 Ruggles Avenue, stating that it needs to be designated now. She advised that the Munshaw Homestead is the most significant Heritage home that remains in the Langstaff area and that it should remain in its original location.

Staff advised that once Council moves forward with the intention to designate the dwelling it takes on a much higher status of protection.

The Committee suggested that staff look for potential sites in the event that the Munshaw Homestead needs to be relocated.

Moved by Deputy Mayor J. Heath

Seconded by Councillor V. Burke

That as recommended by Heritage Markham, the Munshaw Homestead – 10 Ruggles Avenue, be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,

That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,

That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and further,

That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

CARRIED

22.       INTENTION TO DESIGNATE UNDER PART IV
            OF THE ONTARIO HERITAGE ACT
            GEORGE R. COWIE HOUSE
            5933 FOURTEENTH AVENUE
            1113529 ONTARIO INC. (16.11.3)

Mr. Leonardo Mongillo, Edwin A. Flak LLB., addressed the Committee regarding the George R. Cowie House. He indicated he will want to further investigate the heritage components of the dwelling. Although he is not objecting or consenting to the designation at this time, Mr. Mongillo wishes to seek reserving his rights to object under the Ontario Heritage Act.

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor G. Landon

That as recommended by Heritage Markham, the George R. Cowie House – 5933 Fourteenth Avenue, be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,

That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,

That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

CARRIED

23.       MARKHAM STOUFFVILLE HOSPITAL
            SITE PLAN ENDORSEMENT IN PRINCIPLE
            FOR THE HOSPITAL EXPANSION
            (SC 08 111320) (10.6)

Mr. Bill Nankivell, Bregman & Hamann Architect, delivered a PowerPoint presentation regarding the Markham Stouffville Hospital Expansion. The presentation included the master plan, landscape plan, transit and pedestrian circulation, massing study, future plan and sustainability.

Mr. Mac Cosburn, Markham Stouffville Hospital, addressed the Committee regarding the application and the need to send a message of urgency to the Provincial Government.

There was considerable discussion surrounding the proposed surface parking, and the potential for a parking structure. The Committee suggested relocation of the helipad to make way for a civic square. Mr. Cosburn advised that they are trying to obtain approval and funding from the Minister of Health to relocate the helipad. The Committee discussed the importance of the Town’s continued involvement throughout this process.

The Committee suggested that the hospital also consider a reduction in light pollution and to follow the bird friendly guidelines.

The Committee voted to waive the Town’s procedural by-law and obtain a recorded vote for this application.

Moved by Mayor F. Scarpitti

Seconded by Deputy Mayor J. Heath

That the Town procedural By-law 2001-1 be waived and obtain a recorded vote to be forward to the Ministry of Health; and,

That the report dated June 17, 2008 entitled “RECOMMENDATION REPORT, Markham Stouffville Hospital. Site Plan Endorsement in Principle for the Hospital Expansion” be received; and,

That the conceptual Master Site Plan be endorsed in principle as the basis to permit Markham Stouffville Hospital (MSH) to proceed with a request for funding from Infrastructure Ontario as well as the Request for Proposals and tendering process; and,

That the detailed design of the Markham Stouffville Hospital expansion be subject to a further Site Plan application; and,

That the Markham Stouffville Hospital Request for Proposals have regard for the Principles of Development and the Urban Design Guidelines outlined in this report, to be finalized in consultation with Town Staff; and,

That the alignment of Street ‘A’ with Rose Way at 9^th Line be endorsed subject to the traffic mitigation measures as outlined in this report and with community consultation; and,

That staff continue to work with the Markham Stouffville Hospital Staff and their consortium of consultants to ensure a unified vision for the Cornell Community, Markham Stouffville Hospital institutional campus, and the future East Markham Community Centre and Library (EMCC & L); and,

That the Town of Markham requests that Markham Stouffville Hospital include Heliport Siting Options as part of the Request for Proposal (RFP); and,

That staff prepare regular status updates, as appropriate, to Development Services Committee on the progress of the Markham Stouffville Hospital; and further,

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

CARRIED ON A RECORDED VOTE (11:11)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor, J. Virgilo, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (11)

ABSENT: Councillor E. Shapero

24.       GO TRANSIT
            SITE PLAN APPLICATION TO PERMIT
            A 3 LEVEL PARKING STRUCTURE CONTAINING
            APPROXIMATELY 539 PARKING SPACES
            CENTENNIAL GO STATION/CENTENNIAL COMMUNITY CENTRE
            - 320 BULLOCK DRIVE
            (SC 08 108612) (10.6)

Staff advised that there are a few outstanding matters (itemized in the conditions) specifically the Memorandum of Understanding (MOU) with GO that will be required before the execution of the final site plan. Staff confirmed that together with Asset Management they will investigate the servicing issues for the property to the west of McCowan Road.

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor T. Wong

That the report dated June 17, 2008, entitled: “Recommendation Report, GO Transit. Site plan approval application to permit a 3 storey parking structure containing approximately 539 parking spaces at Centennial GO Station/ Centennial Community Centre - 320 Bullock Drive (SC 08 108612)” be received; and,

That the site plan approval application to permit a 3 level parking structure containing approximately 539 parking spaces at Centennial GO Station/ Centennial Community Centre, be endorsed in principle subject to the conditions attached as Appendix ‘A’; and,

That site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following finalization of all outstanding site plan issues as outlined in this report, including but not limited to, submission and approval of (to the satisfaction of the Director of Planning and Urban Design) landscape, grading, drainage and site servicing plans and finalization of MOU. Site Plan approval is issued only when the Director has signed the site plan; and further,

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

CARRIED

25.       KENNISON PROPERTIES INC.
            7792, 7802 AND 7812 KENNEDY ROAD
            (WEST SIDE, NORTH OF 14^TH AVENUE)
            APPLICATION FOR SITE PLAN APPROVAL
            FOR A 5-STOREY, 120 UNIT APARTMENT BUILDING
            FOR EAST MARKHAM NON-PROFIT HOMES INC.
            (SC 08 112830) (10.6)

Report Attachment B Maps

Staff commented on the history of review of this proposal, including sustainability measures and financial incentives for affordable housing.

Moved by Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That the report dated June 17, 2008 entitled “Kennison Properties Inc.; 7792, 7802 and 7812 Kennedy Road; (west side, north of 14^th Avenue); Application for site plan approval for a 5-storey, 120 unit apartment building for East Markham Non-Profit Homes Inc; File No. SC 08 112830;” be received; and,

That the application be endorsed, in principle, subject to the conditions attached as Appendix “A,” and the following:

That the Owner enter into a development agreement (which may form a component of the site plan agreement) for the proposed extension to Deverill Court and for the naturalization of the adjoining Town-owned lands, as outlined in the June 17, 2008 staff report; and,

That 227 persons (100 apartment units) of servicing allocation be assigned to East Markham Non-Profit Homes Inc. from the Town Reserve; and,

That 45.4 persons (20 apartment units) of servicing allocation, which were assigned to the Chiavatti, et. al. plan of subdivision in South Unionville (19TM-99021) in 2001, be transferred to East Markham Non-Profit Homes Inc; and,

That site plan approval be delegated to the Director of Planning and Urban Design or her designate. Site Plan approval is issued only when the Director has signed the site plan; and,

That the site plan processing fees be payable prior to the issuance of building permits for the proposed development; and,

That the energy conservation and sustainability package proposed by the applicant (Appendix “B”) be accepted for this project as an alternative to LEED certification; and,

That this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing June 17, 2008, in the event that the site plan agreement is not executed within that period; and,

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

CARRIED

26.       ATTILIO VETTESE
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            AND DRAFT PLAN OF SUBDIVISION
            APPROVAL (19TM-0800001) TO PERMIT
            A RESIDENTIAL PLAN OF SUBDIVISION AT
            7085 14^TH AVENUE
            (ZA 08 110187 & SU 08 110200) (10.5, 10.7)

There was discussion on how this application will assist in advancing the Markham By-pass.

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That the report dated June 17, 2008 entitled, “RECOMMENDATION REPORT, Attilio Vettese, Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval (19TM-0800001) to permit a residential plan of subdivision at 7085 14^th Avenue” be received; and,

That the record of the Public Meeting held on May 20, 2008, regarding the applications for Zoning By-law Amendment and Draft Plan of Subdivision be received; and,

That draft plan of subdivision (19TM-0800001) by Attilio Vettese located on the south side of 14^th Avenue, east of Riverwalk Drive and west of the CP Railway tracks within the Box Grove Community to permit 58 townhouse units and 2 single-detached lots be draft approved subject to the conditions outlined in Appendix ‘A’; and,

That Zoning By-law Amendment Application (ZA 08 110187) submitted by Attilio Vettese to amend By-law 304-87, as amended, and By-law 177-96, as amended, for lands on the south side of 14^th Avenue, east of Riverwalk Drive and west of the CP Railway tracks, be approved and the draft implementing zoning by-laws attached as Appendix ‘B’ be finalized and enacted; and,

That servicing allocation for 58 townhouse units (163.6 populations) be granted to 19TM0800001; and,

That the Town reserves the right to revoke or re-allocate servicing allocation at it’s sole discretion, should development not proceed in a timely manner; and,

That the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law; and,

That the owner agrees to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering; and,

That the draft plan approval for plan of subdivision 19TM-0800001 will lapse after a period of three years commencing June 17, 2008 in the event that a subdivision agreement is not executed within that period; and further,

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

CARRIED

27.       RED BANNER DEVELOPMENTS LIMITED
            ZONING BY-LAW AMENDMENT APPLICATION
            TO CLARIFY THE RANGE AND NATURE OF
            PERMITTED USES AND AMEND THE PARKING STANDARDS
            FOR 5970 AND 5990 16^TH AVENUE.
            (ZA 08 115374) (10.5)

Mr. John McDermott, McDermot & Associates Limited, addressed the Committee regarding the Red Banner Development Limited application, providing a history of the land use planning rationale study submitted and the identified parking issues discovered through their research. He also advised that his client had submitted four minor variance applications. Mr. McDermott requested that the full amount of $7,900 for the Zoning By-law Application fees be refunded to his client.

Moved by Mayor F. Scarpitti

Seconded by Councillor C. Moretti

That the report dated June 17, 2008 entitled “PRELIMINARY REPORT, Red Banner Developments Limited. Zoning By-law Amendment Application to clarify the range and nature of permitted uses and to amend the parking standards for 5906 and 5990 16^th Avenue.” be received; and,

That Staff be authorized to schedule a statutory Public Meeting to consider the proposed Zoning By-law amendment application; and,

That Council authorize a full refund of the zoning application fee in the amount of $7,900 conditional on that the applicant work with Town staff on declaring road access surplus and obtaining easement across the property; and,

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

CARRIED

28.       WISMER MARKHAM DEVELOPMENTS INC.
            APPLICATION FOR SITE PLAN APPROVAL
            TO PERMIT A RETAIL PLAZA AT THE
            NORTHWEST CORNER OF MARKHAM ROAD
            AND CASTLEMORE AVENUE
            (SC 08 106746) (10.6)

Mr. Tony Baldessara, Wismer Markham Developments Inc., presented the Committee with coloured elevations and site plan layout.

The Committee discussed the proposed parking for the site and indicated that the applicant needed to work towards a stronger green presence on the site. There was also discussion surrounding the proposed built form and the desire of the Ward Councillor to be consulted on final plans.

The Committee suggested that this Application be dealt with together with the Application at the southwest corner of Major Mackenzie Drive and Markham Road (Cret 9900 Markham Limited) to enable a wider landscape area between the two developments, and better overall integration of parking and access.

Moved by Councillor C. Moretti

Seconded by Councillor L. Kanapathi

That the report dated June 17, 2008 entitled, “Wismer Markham Developments Inc., Application for Site Plan Approval to permit a retail plaza at the northwest corner of Markham Road and Castlemore Avenue”, be received; and,

That the Site Plan Application (File No. SC 08 106746) submitted by Wismer Markham Developments Inc. to permit a retail plaza at the northwest corner of Markham Road and Castlemore Avenue, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,

That staff and the applicant continue to consult with the Ward Councillor; and,

That staff be directed to search for additional landscape and public space on site; and,

That the Owner shall submit revised building elevations (as discussed in this report) to the satisfaction of the Director of Planning and Urban Design; and further,

CARRIED

29.       CRET 9900 MARKHAM LIMITED
            APPLICATIONS FOR ZONING BY-LAW AMENDMENT
            AND SITE PLAN APPROVAL TO PERMIT A
            RETAIL PLAZA AND A MULTI-SCREEN MOVIE THEATRE
            NEAR THE SOUTHWEST CORNER OF MAJOR MACKENZIE DRIVE
            AND MARKHAM ROAD
            (ZA 06 131832 & SC 08 106746) (10.5, 10.6)

Staff advised that there is a Heritage dwelling on this site that is being incorporated into the proposed Application.

Mr. David McKay, MHBC Planning, presented the Committee with drawings of the proposed retail plaza and multi-screen movie theatre at the southwest corner of Major Mackenzie Drive and Markham Road.

The Committee discussed the potential future intensification for this site and the fact that the proposed entrance at Major Mackenzie Drive is of concern. Mr. McKay indicated that if the projected future intensification occurs, a review of the entrance will be conducted.

The Committee enquired about connection between this site and the proposed sites to the south and northeast. There was discussion regarding a pedestrian walkway connecting the two sites.

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That the report dated June 17, 2008, entitled “CRET 9900 Markham Limited, Applications for Zoning By-law Amendment and Site Plan Approval to permit a retail plaza and a multi-screen movie theatre near the southwest corner of Major Mackenzie Drive and Markham Road”, be received; and,

That the Zoning By-law Amendment application (ZA 06 131832) submitted by CRET 9900 Markham Limited to rezone the lands located on the south side of Major Mackenzie Drive, west of Markham Road, municipally known as 5899 Major Mackenzie Drive, from Rural Residential Four (RR4) under By-law 304-87, as amended, to Major Commercial (MJC) under By-law 177-96, as amended, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and enacted; and,

That the Site Plan Application (File No. SC 08 106746) submitted by CRET 9900 Markham Limited to permit a retail plaza and a multi-screen movie theatre near the southwest corner of Major Mackenzie Drive and Markham Road, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,

That staff and the applicant continue to consult with the Ward Councillor; and,

That a review of the safety of the Major Mackenzie Drive entrance be undertaken within 3 years of the development being constructed and that a financial security be posted with the Town of Markham to allow for future access revisions and/or traffic signals at the entrance to the site; and,

That staff and the applicant look at an opportunity to provide a pedestrian link and/or connection between the existing commercial development at the southwest corner of Markham Road and Major Mackenzie Drive; and,

That the Owner submit revised building elevations (as discussed in this report) to the satisfaction of the Director of Planning and Urban Design; and further,

CARRIED

30.       ST. MARK’S COPTIC CHURCH – PHASE 1
            455 FERRIER STREET
            SITE PLAN APPLICATION TO PERMIT A
            THREE-STOREY CATHEDRAL TO BE USED
            AS A PLACE OF WORSHIP WITH RECREATIONAL
            AND EDUCATIONAL FACILITIES AND OTHER RELATED USES
            (SC 08 110712) (10.6)

The Committee was presented with pictures of the proposed Cathedral building.

Staff advised that although there is space available on site to increase the parking, but they would like to explore other options with the applicant (such as Traffic Demand Management (TDM) and offsite parking).

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

That the report dated June 17, 2008 titled “RECOMMENDATION REPORT, St. Mark’s Coptic Church – Phase 1, 455 Ferrier Street, Site Plan application to permit a three-storey cathedral to be used as a place of worship with recreational and educational facilities and other related uses” be received; and,

That the application for Site Plan approval (SC 08 110712) be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,

That Site Plan approval be delegated to the Director of Planning and Urban Design, or her designate, to be issued following execution of a Site Plan Agreement. Site Plan approval is issued only when the Director has signed the Site Plan; and further;

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

CARRIED

31.       DOUGSON INVESTMENTS INC. (VILLAGE NISSAN)
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
            APPLICATIONS TO PERMIT AN AUTOMOBILE DEALERSHIP
            ON THE SOUTH SIDE OF FUTURE SOUTH UNIONVILLE AVENUE
            EAST OF KENNEDY ROAD
            SOUTH UNIONVILLE COMMUNITY
            (OP.06-132776 AND ZA.06-132779) (10.3, 10.5)

Mr. Al Duffy, representing 1475398 Ontario Inc.(BMW), addressed the Committee to request that their adjacent application be dealt with before Council’s summer recess in order to enable them to address some residential concerns relating to the cleaning up of the site.

Ms. Maria Gatzios, Gatzios Planning, delivered a PowerPoint presentation regarding the Dougson Investments Inc. proposal. The presentation included a site overview and conceptual site plan, land use and road network. She advised that they are willing to work with Town staff relative to the built form. Ms. Gatzios confirmed that her client and adjacent landowners are willing to work together to provide a north-south road link to the east off the dealership. This will provide a buffer between the dealership and residential uses.

There was considerable discussion regarding securing lands for the dedication of a road. Staff advised that there are issues to be resolved such as, the location of the proposed road and storm water management. Staff indicated they will attempt to work through the road issue with the affected landowners and secure the conditions in the implementing planning documents and conditions of approval. Committee suggested staff review the option of a Hold Provision (H) on the zoning to secure the road.

Mr. Hal Kersey, Jolie Homes, confirmed that they are agreeable to providing lands for a future walkway corridor and/or roadway.

The Committee directed that the BMW application be brought forward to the Development Services Committee on June 24, 2008. Mr. A. Duffy confirmed that they will work with staff on the originally submitted application. Staff was also requested to report on the conditions imposed by the Committee of Adjustments and at the OMB hearing.

Mr. Rick Merrill, The Planning Partnership Ltd., representing BMW, advised the Committee that a Site Plan Application has been submitted to address fencing concerns and he has been working with staff.

Moved by Mayor F. Scarpitti

Seconded by Councillor J. Virgilio

That the correspondence from Chris & Scott Campbell be received; and,

That the staff report dated June 17, 2008 entitled “Dougson Investments Inc. (Village Nissan), Official Plan and Zoning By-law amendment applications to permit an automobile dealership on the south side of future South Unionville Avenue, east of Kennedy Road, South Unionville Community, File Nos. OP.06-132776 and ZA.06-132779;” be received; and,

That the minutes of the April 8, 2008 Public Meeting to consider the requested Official Plan and zoning by-law amendments, be received; and,

That the applications by Dougson Investments Inc. (Village Nissan) to amend the Town’s Official Plan and zoning by-laws to permit an automobile dealership on the south side of future South Unionville Avenue, east of Kennedy Road, be approved; and,

That staff be directed to finalize the draft Official Plan and Zoning By-law amendments for consideration by Council on September 9, 2008; and further,

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

CARRIED

32.       JOLIE HOME INC.
            APPLICATION FOR OFFICIAL PLAN AMENDMENT
            FOR A MIXED-USE DEVELOPMENT
            EAST SIDE OF KENNEDY ROAD BETWEEN
            CASTAN AVENUE AND SOUTH UNIONVILLE AVENUE
            SOUTH UNIONVILLE COMMUNITY
            (OP 07 126509) (10.3)

Report Attachment A Attachment B By-law

Staff advised that the applicant has reduced the height of the proposed residential buildings from 12 to 8 storeys.

Mr. Chris Adamouski, Markham resident, addressed the Committee regarding the Jolie Homes Inc. Application, stating he is in favour of the development. He indicated he is pleased to see the height of the buildings have been reduced. Mr. Adamouski stated his concern with the potential increase in traffic on streets such as Castan Avenue and enquired if a “no truck” sign could be installed on Castan Avenue.

Moved by Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That the report dated June 17, 2008 titled “Recommendation Report, Jolie Home Inc.; Application for Official Plan Amendment for a mixed-use development; East side of Kennedy Road between Castan Avenue and South Unionville Avenue; South Unionville Community; File No. OP 07 126509” be received; and,

That the record of the Public Meeting held on April 8, 2008 to consider the Official Plan Amendment and corresponding zoning amendment applications, be received; and,

That the Official Plan Amendment application (OP 07 126509) be approved as outlined in the staff report and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted; and,

That staff report back on the corresponding rezoning application together with the required site plan application once detailed plans have been submitted and the issues outlined in the June 17, 2008 staff report have been addressed to the satisfaction of staff; and further,

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

CARRIED

33.       HIGHWAY 48 SPEED LIMIT REDUCTION
            BETWEEN MAJOR MACKENZIE DRIVE AND
            EDWARD JEFFREYS AVENUE (5.12.2)

The Committee discussed the proposed lowered speed limit of 50 km/hr for the Highway 48 between Major Mackenzie and Edward Jeffreys Avenue.

Moved by Councillor C. Moretti

Seconded by Councillor J. Virgilio

That the report entitled “Highway 48 Speed Limit Reduction between Major Mackenzie Drive and Edward Jeffreys Avenue” dated June 17, 2008, be received; and,

That Schedule F (50 km/h) of Speed Limit By-law 105-71 be amended to include Highway 48 between Major Mackenzie Drive and 16^th Avenue and that the attached By-law be approved; and,

That the Operations Department be directed to remove the existing 80 km/h speed limit signs upon approval of the attached by-law; and,

That the Operations Department be directed to install the appropriate signs, funded through the 2008 Engineering budget, account #8402; and,

That the York Regional Police Department be requested to enforce the reduced speed limit upon installation of the signs; and further,

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

CARRIED

Amended by Council at the meeting held on June 24, 2008 to add the following as paragraph 2 and amend the original paragraph 2 to read as follows:

(New paragraph 2)

That Schedule B (60 km/h) of Speed Limit By-law 105-71 be amended to include Highway 48 between Major Mackenzie Drive and Bur Oak Avenue; and,

(Original paragraph 2)

That Schedule F (50 km/h) of Speed Limit By-law 105-71 be amended to include Highway 48 between Bur Oak Avenue and 16^th Avenue; and,

CARRIED AS AMENDED

34. AWARD OF TENDER #068-T-08
WOODBINE BYPASS CONSTRUCTION – PHASE 1 (7.12.2)

Report Attachment Updated Report

Mr. Alan Brown, Director of Engineering, distributed an updated report with revised recommendations. Staff spoke to the importance of the two culverts being constructed during the period of July 1 and September 2008 regarding Fisheries requirements.

Mr. Scott Cole, Cole Engineering, on behalf of the West Cathedral Landowners, addressed the Committee regarding the revised recommendations for the Woodbine Bypass construction, advising that the amendments are generally in line with their requests, but that they remain in discussion with Town and Regional staff regarding costs.

The Committee suggested that Mr. Denny from the Toronto and Region Conservation Authority be contacted to resolve the outstanding TRCA approval issues prior to the summer recess.

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

That the correspondence dated June 16, 2008 from Scott R. Cole, Cole Engineering Group Ltd., be received; and,

That the report entitled “Award of Tender # 068-T-08 Woodbine Avenue Bypass Construction – Phase 1” be received; and,

That the tender be awarded to the lowest price qualified bidder, TACC Construction Ltd in the total amount of $11,033,279.68 exclusive of GST subject to the receipt of funding as described in this report; and,

That a contingency amount of $950,000 exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit with monthly reporting to the Town Treasurer; and,

That the award of the contract for construction inspection and contract administration services to Earth Tech Canada in the amount of $201,000 as described in the April 11, 2006 staff report be confirmed; and,

That the value of the contract for construction inspection and contract administration services to Earth Tech Canada be increased by $90,500 to a total of $291,500 exclusive of GST to cover the increased scope of services and updated construction schedule as described in this report; and,

That a contingency amount of $32,700 exclusive of GST be established to cover any additional construction inspection and contract administration costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit; and,

That staff be authorized to retain Earth Tech Canada to re-design the Elgin Mills/Woodbine Bypass intersection to accommodate the 404 North Secondary Plan as required by the Ministry of Transportation for an upset limit not to exceed $ 50,000 exceeding GST to be funded by Cathedral Developers; and,

That a contingency amount of $250,000.00 exclusive of GST be established to cover the additional costs of constructing the Elgin Mills/Woodbine Bypass intersection to accommodate the 404 North Secondary Plan and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit; and,

That a contingency amount of $935,000 exclusive of GST to be funded by Cathedral Developers be established to cover any Contractors claims which may result from delays in obtaining the outstanding permits and approvals from the TRCA and/or Ministry of Transportation and that the CAO be authorized to approve expenditure of this contingency amount up to the specified limit; and,

That staff be authorized to retain the geotechnical consulting firm of Geo-Canada Ltd. as a preferred supplier to provide geotechnical and materials testing services during construction for an upset limit not to exceed $154,000 exclusive of GST; and,

That a contingency amount of $20,000 exclusive of GST be established to cover any additional geotechnical and materials testing services during construction and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit; and,

That staff be authorized to issue a Purchase Order to Geo-Canada Ltd in the amount of $80,000 to cover the cost of geotechnical and materials testing services provided during the Woodbine Bypass trunk sanitary sewer project as described in the June 19^th 2007 report; and,

That staff be authorized to retain a qualified independent environmental consulting firm in accordance with the Town’s Purchasing Bylaw to provide on-site environmental monitoring to ensure compliance with TRCA permit requirements for an upset limit not to exceed $65,000 exclusive of GST; and,

That staff be authorized to issue a Purchase Order to Powerstream Ltd in the amount of $50,000 to cover the cost of connecting the street lighting and traffic signal systems to the existing electrical distribution network; and,

That the sidewalk and illumination portions of the tender ($1,759,285.39) be funded from the Engineering Department’s Capital Accounts #8339, #8400 and #8455; and,

That a contingency amount of $ 338,230.50 exclusive of GST be established to cover possible hydro power supply work and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit; and,

That staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above; and,

That upon payment of all the invoices, any remaining funds be applied to the construction of outstanding works in Phase 1 and 2a of the Woodbine Avenue Bypass project; and,

That the Ministry of Transportation and the Region of York be advised that the Town of Markham does not support a double left turn for eastbound Elgin Mills Road to northbound Woodbine By-pass; and further,

That staff proceed with the Class Environmental Study for the Hwy 404 northbound exit ramp extension to Lord Melbourne Street as the preferred route for truck access into the Cathedral and 404 North business lands.

Amended by Council at the meeting held on June 24, 2008 to add the following as the last paragraph:

That staff confirm with the Region of York that the Region will pay all costs with respect to the Carlton Creek culvert replacement.

CARRIED AS AMENDED

35. CITY OF KINGSTON
ONTARIO BUILDING CODE (10.13)

Moved by Regional Councillor T. Wong

Seconded by Councillor C. Moretti

That the letter dated May 21, 2008 from the City of Kingston passing a motion to encourage the Ontario Government to amend the Ontario Building Code to significantly increase the minimum requirement for energy and water efficiency within new buildings before the increased requirements that come into effect in 2011, be received.

CARRIED

36.       CITY OF WATERLOO
            2008 MUNICIPAL ROAD AND
            BRIDGE INFRASTRUCTURE INVESTMENT (13.5.2)

Moved by Regional Councillor T. Wong

Seconded by Councillor C. Moretti

That the correspondence received from the City of Waterloo requesting the Provincial government to clarify and confirm that the 2008 Municipal Road and Bridge Infrastructure Investment is a one time infusion of funds versus an annual contribution and that if this is the case, that the Provincial government provide long term and sustainable infrastructure funding to assist all upper, lower, and single tier municipalities in addressing their infrastructure roles and responsibilities, be received.

CARRIED

37. TRAFFIC PROBLEMS AT THE INTERSECTION OF
HIGHWAY 7 AND MAIN STREET/MARKHAM ROAD (5.10)

Moved by Deputy Mayor J. Heath

Seconded by Councillor C. Moretti

That the letter from Mr. Tom Tse regarding traffic problems at the intersection of Highway 7 and Main Street/Markham Road, be received and referred to staff.

CARRIED

38.       TOWN OF RICHMOND HILL
            ENVIRONMENTAL ASSESSMENT STUDY
            PROPOSED HIGHWAY 404 MID BLOCK FLYOVER
            BETWEEN MAJOR MACKENZIE DRIVE AND
            ELGIN MILLS ROAD (SREPW.08.043) (5.10)