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Development Services Committee Minutes

September 16, 2014, 9:00 AM to 3:00 PM

Council Chamber

Meeting No. 17

All Members of Council

Development Services                                               Economic Development

Chair:                      Regional Councillor Jim Jones                                Chair:                      Councillor Carolina Moretti

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

                                                                                                                Transportation Issues

                                                                                                                Chair:                      Regional Councillor Gord Landon

                                                                                                                Vice-Chair:              Councillor Alan Ho

 

 

Attendance

Mayor Frank Scarpitti

Deputy Mayor Jack Heath

Regional Councillor Jim Jones

Regional Councillor Gord Landon

Regional Councillor Joe Li

Councillor Valerie Burke

Councillor Howard Shore

Councillor Don Hamilton

Councillor Carolina Moretti

Councillor Colin Campbell

Councillor Alan Ho

Councillor Logan Kanapathi

Councillor Alex Chiu

Andy Taylor, Chief Administrative Officer

Jim Baird, Commissioner of Development Services

Brenda Librecz, Commissioner of Community & Fire             Services

Ron Blake, Manager, West District

Ronji Borooah, City Architect

Alan Brown, Director of Engineering

Catherine Conrad, City Solicitor

Corinna Ghaznavi, Culture

Moe Hosseini-Ara, Director of Culture

Biju Karumanchery, Acting Director of Planning and Urban Design

Gary Sellars, Senior Planner

Liz Wimmer, Senior Planner, Urban Design

Kitty Bavington, Council/Committee Coordinator

 

 

The Development Services Committee convened at the hour of 9:05 a.m. in the Council Chamber with Regional Councillor Jim Jones in the Chair.  Regional Councillor Gord Landon assumed the Chair for Transportation items, Nos. 5, 6, 7, 8, 9, 10.

 

 

DISCLOSURE OF PECUNIARY INTEREST – None Declared

 


 

1.         ACCEPTANCE FOR MAINTENANCE
            OF PLANS OF SUBDIVISION
            REGISTERED PLAN NUMBERS 65M-4031,
            65M-4197, 65M-4225, 65M-4226, 65M-4229,
            65M-4232, 65M-4233, 65M-4235, 65M-4245, 65R-32883,
            65M-4262, 65M-4289 AND 65M-4302 (10.7)

            Report

 

Moved by: Councillor Logan Kanapathi

Seconded by: Councillor Alex Chiu

 

1)         That the report entitled “Acceptance for Maintenance of Plans of Subdivision” Registered Plan Numbers 65M-4031, 65M-4197, 65M-4225, 65M-4226, 65M-4229, 65M-4232, 65M-4233, 65M-4235, 65M-4245, 65R-32883, 65M-4262, 65M-4289 and 65M-4302 be received; and,

 

2)         That the municipal services in Subdivision Registered Plan numbers 65M-4031, 65M-4197, 65M-4225, 65M-4226, 65M-4229, 65M-4232, 65M-4233, 65M-4235, 65M-4245, 65R-32883, 65M-4262, 65M-4289 and 65M-4302 be Accepted for Maintenance; and,

 

3)         That by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the City of Markham; and,

 

4)         That the Community Services Commission accepts the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the City’s system; and,

 

5)         That the Acceptance for Maintenance Period commence July 1, 2014; and,

 

6)         That acceptance of the subdivisions to be taken into consideration in future operation budgets; and,

 

7)         That the by-law to amend schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be approved; and,

 

8)         That the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved; and,

 

9)         That the by-law to amend schedule ‘F’ of the speed by-law #105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved; and,

 

10)       That the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be approved; and,


 

11)       That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed; and further,

 

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

CARRIED

 

 

 

2.         REQUEST FOR DEMOLITION
            36 GEORGE ST. MARKHAM VILLAGE (16.11 & 10.13)

            Report

 

The Committee noted that an appropriate precedent should be set for this, the first demolition on George Street. Staff advised that the proposal is reviewed by the Heritage Markham Committee. Concern was expressed that Council and Heritage Markham are often criticised for Committee of Adjustment decisions, and it was suggested that in-fill policies be reviewed in the new term of Council.

 

Moved by: Councillor Logan Kanapathi

Seconded by: Councillor Alex Chiu

 

1)         That Council endorse the demolition of the single detached dwelling at 36 George St. located within the Markham Village Heritage Conservation District; and,

 

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

CARRIED

 

 

 

3.         HERITAGE EASEMENT AGREEMENTS
            ABRAHAM REESOR HOUSE, 7265 HIGHWAY 7
            FRANK ALBERT REESOR HOUSE, 7323 HIGHWAY 7
            LINDVEST PROPERTIES (CORNELL) LIMITED (16.11.3)

            Report

 

Moved by: Councillor Logan Kanapathi

Seconded by: Councillor Alex Chiu

 

1)         That the report titled “Heritage Easement Agreements, Abraham Reesor House, 7265 Highway 7, Frank Albert Reesor House, 7323 Highway 7, Lindvest Properties (Cornell) Limited”, be received; and,


 

2)         That the Mayor and Clerk be authorized to enter into Heritage Easement Agreements between the City of Markham and the property owner, Lindvest Properties (Cornell) Limited; and further,

 

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

CARRIED

 

 

 

4.         RECOMMENDATION REPORT
            ARBOR MEMORIAL INC.
            (FORMERLY MEMORIAL GARDENS CANADA LIMITED)
            REZONING APPLICATION TO PERMIT A FUNERAL HOME
            AND CEMETERY AT 6278 19TH AVENUE
            (FILE NOS: ZA 13 113055) (10.5)

            Report

 

Jim Baird, Commissioner of Development Services advised that Markham and the Region have denied the respective Official Plan applications for this proposal, and now the related Zoning By-law Amendment application is before Committee today. Staff provided details of the subject land within the hamlet, and the scale of the proposal.

 

The Committee received correspondence from W. Thomas Barlow of Fasken Martineau DuMoulin, LLP, representing the applicant.

 

Dave McKennitt, representing the Dickson Hill Hamlet and Neighbourhood Community Association, spoke in support of the staff recommendation to deny the application, and stated concerns for the size of the proposal and potential impacts to traffic, the water well system, and the character of the hamlet.

 

The Committee discussed the potential impacts on the hamlet and the ratio of burial sites per acre.

 

Moved by: Councillor Colin Campbell

Seconded by: Deputy Mayor Jack Heath

 

1)                  That the correspondence from W. Thomas Barlow of Fasken Martineau DuMoulin, LLP, representing the applicant, regarding Arbor Memorial Inc., be received; and,

 

2)                  That the deputation by Dave McKennitt, representing the Dickson Hill Hamlet and Neighbourhood Community Association, regarding Arbor Memorial Inc., be received; and,


 

3)         That the report dated September 16, 2014 titled “RECOMMENDATION REPORT, Arbor Memorial Inc. (formerly Memorial Gardens Canada Limited), Rezoning application to permit a funeral home and cemetery at 6278 19th Avenue (File No. ZA 13 113055)”, be received; and,

 

4)         That the application (ZA 13 113055) submitted by Arbor Memorial Inc. to amend the City’s Zoning By-law to permit a funeral home and cemetery not be supported; and,

 

5)**     That the City Solicitor and Staff be authorized to attend at the Ontario Municipal Board hearing to defend Council’s position in opposition to the appeal of the Zoning By-law application (ZA 13 113055) filed by Arbor Memorial Inc.; and further,

 

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

CARRIED

**      Amended by Council on September 23, 2014 to delete the following words from Clause 5:

 

"...should the application to amend the City’s Zoning By-law to permit a funeral home and cemetery be refused."

 

 

 

5.         SERVICING AGREEMENT FOR LEITCHCROFT
            SANITARY SEWER UPGRADE (5.5)

            Report

 

Alan Brown, Director of Engineering, provided a brief explanation of the servicing agreement for Leitchcroft.

 

Moved by: Councillor Howard Shore

Seconded by: Councillor Logan Kanapathi

 

1)         That the report entitled “Servicing Agreement for Leitchcroft Sanitary Sewer Upgrade”, be received; and,

 

2)         That Council authorize the Mayor and Clerk to execute a servicing agreement with the Times Group in a form satisfactory to the City Solicitor and the Commissioner of Development Services for the construction of a sanitary sewer from South Park Road to an existing sewer crossing at the Highway 407 ETR; and further,

 

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

CARRIED


 

6.         CENTRAL PICKERING DEVELOPMENT PLAN
            CLASS ENVIRONMENTAL ASSESSMENT
            FOR REGIONAL SERVICES (5.7)

            Report

 

Alan Brown, Director of Engineering, reviewed the Central Pickering Development Plan, the area boundary, and the implications for Markham. Concerns have been conveyed regarding the potential impacts of increased traffic resulting from the east-west roads. The presentation highlighted the staging implementation plan for the Whitevale Bypass with respect to impacts to Box Grove; coordinating the widening of Taunton Road and Steeles Avenue; and provision of transit improvements. September 24, 2014, is the commenting deadline.

 

The Committee considered various transportation solutions and offered comments. Discussions included: recommending the Province consider a by-pass for Locust Hill and Green River; possible future closure of 14th Avenue and impacts to Box Grove; coordination with the Region and City of Toronto on the timing and provision of services for widening Taunton Road/Steeles Avenue to six lanes on both sides of the York/Durham boundary; respecting the Rouge National Urban Park; and identifying and evaluated wildlife corridors to improve safety by proactively preventing vehicle/wildlife collisions.

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

1)         That the staff report entitled “Central Pickering Development Plan – Class Environmental Assessment for Regional Services” be deferred to the Council meeting of September 23, 2014, to allow staff to incorporate comments from the Development Services Committee into the recommendation.

CARRIED

 

 

7.         CHURCH STREET IMPROVEMENTS
            (NINTH LINE TO BUR OAK AVENUE)
            ENVIRONMENTAL ASSESSMENT STUDY (5.7)

            Report

 

Alan Brown, Director of Engineering, provided an overview of the proposed improvements and advised that staff will be reporting back on city-wide bike paths and multi-use pathways issues.

 

Moved by: Councillor Colin Campbell 

Seconded by: Councillor Logan Kanapathi

 

1)         That the staff report entitled “Church Street Improvements (Ninth Line to Bur Oak Avenue), Environmental Assessment Study”, dated September 16, 2014 be received; and,

 

2)         That the preferred cross section for Church Street Improvements as set out in the Environmental Assessment Study be endorsed; and,

 

3)         That staff be authorized to issue a Notice of Study Completion for the project which will make the Environmental Assessment Study available for public review for a period of 30 days commencing September 22, 2014; and,

 

4)         That staff report back as to level of service, operating cost and budget requirements for bike paths and multi-use pathways in Markham; and,

 

5)         That the configuration of the boulevard be finalized at the design stage; and further,

 

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

CARRIED

 

 

8.         HIGHWAY 7 STREETSCAPE IMPROVEMENTS
            FROM TOWN CENTRE BLVD. TO SCIBERRAS ROAD (5.10)

            Report

 

Alan Brown, Director of Engineering, provided an update on the Highway 7 Streetscape improvements. Staff are seeking endorsement and authorization to proceed. Staff responded to questions regarding maintenance of the median and the type of plantings.

 

The Committee expressed appreciation to the Director of Engineering, staff, and residents who worked on this project.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Don Hamilton

 

1)         That the staff report entitled, Highway 7 Streetscape Improvements from Town Centre Blvd. to Sciberras Road be received; and,

 

2)         That the streetscape design concept for the Highway 7 right-of-way from Town Centre Blvd. to Sciberras Road as outlined in this report be endorsed; and,

 

3)         That the Director of Engineering and Director of Planning and Urban Design be authorized to finalize any future revisions to the streetscape plans; and,

 

4)         That staff report back to Council with the operations and maintenance costs associated with the enhanced streetscaping for Council consideration; and further,

 

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

CARRIED


 

9.         MARKHAM ROAD SANITARY SEWER
            AND FAIRTREE SEWAGE PUMPING
            STATION IMPROVEMENTS (5.5)

            Report

 

Alan Brown, Director of Engineering, gave an overview of the Markham Road sanitary sewer and Fairtree sewage pumping station improvements. Staff advised that cost-sharing issues have been resolved.

 

Moved by: Councillor Logan Kanapathi  

Seconded by: Mayor Frank Scarpitti

 

1)                  That the report titled “Markham Road Sanitary Sewer and Fairtree Sewage Pumping Station Improvements” be received; and,

 

2)                  That a new Engineering Department’s 2014 capital project be created in the amount of $496,000 for a Markham Road Sanitary Sewer and Fairtree Sewage Pumping Station Class Environmental Assessment Study; and,

 

3)                  That the Class Environmental Assessment Study be 100% funded by the benefiting developers; and,

 

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

CARRIED

 

 

 

10.       UTILITY RELOCATION FOR HWY 404
            MIDBLOCK CROSSING NORTH OF HWY 7 (5.10)

            Report

 

Moved by: Councillor Alan Ho

Seconded by: Councillor Colin Campbell

 

1)         That the report entitled “Utility Relocation for Hwy 404 Midblock Crossing North of Hwy 7” be received; and,

 

2)         That the tendering process for the relocation of existing utilities for Hwy 404 Midblock Crossing North of Hwy 7, be waived in accordance with Purchasing By-Law 2004-341 Part II, Section 7 Non-Competitive Procurement item 2 (e) which states “Tenders, Requests for Proposal and Requests for Quotation may not be required for goods and services to be provided by Utilities”; and,


 

3)         That Staff be authorized to issue Purchase Orders to the various utility companies (Rogers Cable Communications Inc., PowerStream Inc., Enbridge Gas Distribution Inc. and Bell Canada) for the relocation of their facilities in the amount of $895,884.88 (inclusive of HST), and be funded from the Hwy 404 Mid-Block Crossing, North of Hwy 7 account # 083-5350-12046-005; and,

 

4)         That a contingency in the amount of $89,588.49 inclusive of HST, be established to cover any additional construction costs and that the Director of Engineering be authorized to approve expenditures of this contingency up to the specified limit in accordance with the Expenditure Control Policy; and,

 

5)         That the Engineering Department Capital Administration Fee in the amount of $88,692.60 inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and,

 

6)         That the City of Markham upfront the total cost for the relocation of facilities in the total amount of $1,074,165.98 (inclusive of HST), and recover 67% of the cost from the Region of York and Town of Richmond Hill as their share of the costs following the execution of the Cost Sharing Agreement between the Region of York, City of Markham and Town of Richmond Hill; and further,

 

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

CARRIED

 

 

 

11.       PUBLIC ART UPDATE
            (MARKHAM MUSEUM SCULPTURE
            BY KIPJONES) (6.0)

 

General Committee at its meeting held on September 15, 2014 directed that the following

proposed recommendation be considered at the Development Services Committee meeting this

date: "That Markham Council accept the artwork proposed for the Markham Museum site

submitted by kipjones."

 

The following background information was provided:

            - Extract from the Public Art Advisory Committee meeting dated September 10, 2014

              Extract

            - Presentation from the Director of Culture entitled "Markham Museum Sculpture"

              Presentation

 

Brenda Librecz, Commissioner of Community & Fire Services introduced this matter, and Moe Hosseini-Ara, Director of Culture introduced the presenter.


 

Corinna Ghaznavi, Culture, gave a brief presentation on the background and heritage surrounding the kipjones sculpture for the Markham Museum, as recommended by the Public Art Advisory Committee. The Committee discussed maintenance costs.

 

Moved by: Regional Councillor Gord Landon

Seconded by: Councillor Carolina Moretti

 

That Markham Council accept the artwork proposed for the Markham Museum site

submitted by kipjones.

CARRIED

 

 

12.       IN-CAMERA MATTER (8.0)

 

The Committee consented to new in-camera business presented by Deputy Mayor Jack Heath.

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Regional Councillor Gord Landon

 

That, in accordance with Section 239 (2) of the Municipal Act, Development Services Committee resolve into an in-camera session to discuss the following confidential matters:

 

 

(1)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD - WARD 6 (8.0)

            [Section 239 (2) (e)]

 

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Alex Chiu

 

That the Development Services Committee rise from the in-camera session at 11:36 PM.

 

CARRIED

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at 11:36 PM.

 

 

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