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DEVELOPMENT SERVICES COMMITTEE MINUTES

DECEMBER 11, 2012, 9:00 a.m. to 4:00 p.m.

Council Chamber

Meeting No. 25

All Members of Council

Development Services                                               Economic Development

Chair:                      Regional Councillor Jim Jones                                Chair:                      Councillor Carolina Moretti

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

                                                                                                                Transportation Issues

                                                                                                                Chair:                      Regional Councillor Gord Landon

                                                                                                                Vice-Chair:              Councillor Alan Ho

 

PART A & B

Presentations, Major Studies, and Issues Agenda

Report Agenda

9:00 a.m. – Council Chamber

Attendance

Mayor Frank Scarpitti

Deputy Mayor Jack Heath

Regional Councillor Jim Jones

Councillor Valerie Burke

Councillor Howard Shore

Councillor Don Hamilton

Councillor Carolina Moretti

Councillor Colin Campbell

Councillor Alan Ho

Councillor Logan Kanapathi

 

Regrets

Regional Councillor Gord Landon

Regional Councillor Joe Li

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

Alan Brown, Director of Engineering

Rick Cefaratti, Planner

Catherine Conrad, Town Solicitor

Geoff Day, Senior Planner

Michael Fry, Planner

Regan Hutcheson, Manager, Heritage Planning

Biju Karumanchery, Senior Development Manager

Richard Kendall, Manager, Central District

Brian Lee, Senior Manager, Development Engineering &             Transportation

Dave Miller, Manager, East District

Rino Mostacci, Director of Planning and Urban Design

Stacia Muradali, Senior Planner

Joseph Palmisano, Senior Tranpsortation Engineer

Kitty Bavington, Council/Committee Coordinator

 

The Development Services Committee convened at the hour of 9:07 a.m. in the Council Chamber with Regional Councillor Jim Jones in the Chair.  Councillor Don Hamilton assumed the Chair for Transportation items, Nos. 19, 20, 21, 22, 23.

 

The Committee recessed at 1:12 p.m. and reconvened at 2:10 p.m.

 

 

DISCLOSURE OF PECUNIARY INTEREST – None Declared

1.         PRESENTATION OF SERVICE AWARDS (12.2.6)

 

 

MARKHAM PUBLIC LIBRARY STAFF:

 

Guila Cukier, Borrower Services Department, Milliken Mills Library, Borrower Service             Supervisor, 25 years

Sylvia Cheung, Information Services Department, Unionville Library, Library Services   Associate, 20 years

Linda Ng, Technical Services Department, Cataloguing Clerk, 10 years

Karen Nowicki, Administration Centre, Learning Place Coordinator, 5 years

Fred Whitmarash, Information Services Department, Thornhill Community Library, Branch        Librarian, 5 years

 

CITY OF MARKHAM STAFF:

 

David Blizzard, Public Education Officer, Fire & Emergency Services, 35 years

Fredrick Watt, Engineering Technologist/Inspector, Engineering, 30 years

Lori-Ann Caruk, Customer Service Representative, Thornhill C.C., Recreation Services, 25 years

Gwen Fletcher, Administrative Assistant, Recreation & Culture, Recreation Services, 25 years

Peter Michaud, Working Supervisor, Environmental Services, 25 years

Gary Scheepers, Working Supervisor, Forestry, Operations, 25 years

Susan Stiles, Community Program Co-ordinator Central, Recreation Services, 25 years

Clayton Williams, Geomatics Technician, Planning & Urban Design, 25 years

Daphne Ross, Manager, Environmental Services, 20 years

Lisa Beckley-Young, Community Program Co-ordinator, Recreation Services, 15 years

Garry Hale, Building Inspector II, Building Standards, 15 years

Jack Heath, Deputy Mayor, Mayor & Council, 15 years

Barbara Lant, Fitness Counsellor, Recreation Services, 15 years

Alexandru Loga, Database Administrator, Information Technology Services, 15 years

Steven Dahan, Operations Working Supervisor, Operations, 10 years

Nicole Egan, Firefighter, Fire & Emergency Services, 10 years

Richard Kendall, Manager, Development - Central, Planning & Urban Design, 10 years

Daniel Lock, Community Program Supervisor, Recreation Services, 10 years

Alain Cachola, Manager, Engineering, 5 years

Haiyan Gao, Building Inspector II, Building Standards, 5 years

Ryan Henderson, Licensed Fleet Technician, Operations, 5 years

Catherine Jay, Manager of Urban Design, Planning & Urban Design, 5 years

Chris MacBride, Technician, Culture, 5 years

Yi Paganelli, Operations & Maintenance Clerk, Environmental Services, 5 years

Md Rahman, Senior Facility Engineer, Asset Management, 5 years

Tyler Burns, Operations Labourer/Driver, Operations, 3 years

Donald Hamilton, Councillor Ward 3, Mayor & Council, 3 years

Stephen McCoy, Facility Operator I, Recreation Services, 3 years

Danny Roberts, Operations Labourer/Driver, Operations, 3 years

Graham Seaman, Senior Manager, Sustainability, Sustainability Office, 3 years

Jonathan Tate, Senior Business Analyst, Financial Services, 3 years

2.         BUTTONVILLE REDEVELOPMENT
            PROJECT UPDATE (10.0)

            Presentation

 

Jim Baird, Commissioner of Development Services, introduced the Buttonville Redevelopment project, advising that the Regional Official Plan permits the proposed mixed use, and advising of the upcoming public consultation process.

 

Nick Pileggi, Principal, Malone Given Parsons, provided an update on the Buttonville Redevelopment project with respect to the current plan, opportunities, and submitted materials. The presentation outlined the key economic and fiscal impacts, the retail market analysis, and transportation issues. Approval timelines and municipal and Environmental Assessment processes were also reviewed. A copy of the presentation for the Public Information Meeting being held on December 13, 2012, was provided for the Committee’s information.

 

Mr. Pileggi responded to questions from the Committee and advised that a further update on financial issues would be provided via e-mail to the Committee and staff. Mr. Pileggi confirmed that it has been determined the proposed lake is feasible, and will be an integral part of the plan.

 

The integration of after-hour uses, traffic issues, amenity/parkland areas, sensitivity to the green way, and accommodation of Markham District Energy were discussed. It was noted that York Regional Police have requested the helipad remain on the site.

 

The Committee requested that future presentations be provided on an integrated transportation plan and a green space plan for the area. It was suggested that discussions be held regarding the Buttonville Airport phase-out and the potential development of Pickering Airport. A written response from the proponents in this regard would be helpful. The Committee requested that an update on the Buttonville/Markham/Pickering Airport strategy be targeted for the first quarter of 2013.

 

Moved by: Councillor Alan Ho

Seconded by: Mayor Frank Scarpitti

 

That the presentation provided by Mr. Nick Pileggi, Principal, Malone Given Parsons regarding "Buttonville Redevelopment Project Update" be received; and,

 

That the presentation prepared for the Public Information Meeting be received for information.

 CARRIED

 

 

 

 

 

 

3.         2012 MARKHAM SMALL BUSINESS
            CENTRE MARKETING PLAN (10.16)

            Report

 

Moved by: Councillor Carolina Moretti

Seconded by: Councillor Don Hamilton

 

That the report entitled "2012 Markham Small Business Centre Marketing Plan" be deferred to early 2013.

CARRIED

 

 

4.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- November 20, 2012, Part A and B (10.0)

            Minutes

 

Moved by: Councillor Howard Shore

Seconded by: Deputy Mayor Jack Heath

 

That the minutes of the Development Services Committee meeting, Part A and B, held November 20, 2012, be confirmed.

CARRIED

 

 

5.         HERITAGE MARKHAM COMMITTEE MINUTES
            - November 14, 2012 (16.11)

            Minutes

 

Moved by: Councillor Howard Shore

Seconded by: Deputy Mayor Jack Heath

 

That the minutes of the Heritage Markham Committee meeting held November 14, 2012, be received for information purposes.

CARRIED

 

 

6.         CYCLING AND PEDESTRIAN ADVISORY
            COMMITTEE (CPAC) MINUTES
            - September 20, 2012 (16.34)

            Minutes

 

Moved by: Councillor Howard Shore

Seconded by: Deputy Mayor Jack Heath

 

That the minutes of the Cycling and Pedestrian Advisory Committee (CPAC) meeting held September 20, 2012, be received for information purposes.

CARRIED

7.         PRELIMINARY REPORT
            SHERIDAN NURSERIES LIMITED
            4077/4101 HIGHWAY 7
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            AND REZONING TO PERMIT A MIXED-USE DEVELOPMENT
            (SU 12 111289 AND ZA 12 111289) (10.7, 10.5)

            Report

 

Staff confirmed that Markham District Energy servicing will be available to this site, and that public notification will be expanded as per the practice for major Markham Centre projects. The Ward Councillor requested to be kept informed on this project.

 

Moved by: Councillor Don Hamilton

Seconded by: Deputy Mayor Jack Heath

 

1)         That the report dated December 11, 2012 titled “PRELIMINARY REPORT, Sheridan Nurseries Limited, 4077/4101 Highway 7, Applications for draft plan of subdivision and rezoning to permit a mixed-use development,” be received; and,

 

2)         That a Public Meeting be scheduled to consider the applications, following submission of a draft precinct plan; and further,

 

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

CARRIED

 

 

 

8.         PRELIMINARY REPORT
            ANGUS GLEN VILLAGE LTD.
            4071 MAJOR MACKENZIE DRIVE
            APPLICATIONS FOR REVISION TO
            DRAFT APPROVED PLAN OF SUBDIVISION 19TM - 03004
            AND AN IMPLEMENTING ZONING BY-LAW AMENDMENT
            SOUTHEAST CORNER OF MAJOR MACKENZIE DRIVE
            AND ANGUS GLEN BOULEVARD
            (SU/ZA 12 130341) (10.7, 10.5)

            Report

 

Moved by: Councillor Howard Shore

Seconded by: Deputy Mayor Jack Heath

 

1)         That the report entitled “Preliminary Report, Angus Glen Village Ltd., 4071 Major Mackenzie Drive, Applications for Revision to Draft Approved Plan of Subdivision 19TM – 03004 and an implementing zoning by-law amendment, Southeast corner of Major Mackenzie Drive and Angus Glen Boulevard, File No.: SU/ZA 12 130341, dated December 11, 2012”, be received; and,

2)         That a Public Meeting be held to consider the applications submitted by Angus Glen Village Ltd. for Revision to Draft Approved Plan of Subdivision 19TM – 03004 and an implementing zoning by-law amendment, for lands at the southeast corner of Major Mackenzie Drive and Angus Glen Boulevard; and further,

 

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

CARRIED

 

 

 

9.         STEELES AVENUE IMPROVEMENT (5.10)

            Memo

 

The Committee had before it the memorandum dated May 30, 2012 from the Director of Engineering providing background information on this matter, as requested by the Development Services Committee on May 15, 2012, and a draft recommendation for consideration.

 

Councillor Logan Kanapathi discussed the significant traffic issues relating to Steeles Avenue, and attempts to resolve the need for improvements with the City of Toronto and the Region of York. The Committee acknowledged the ongoing problem and supported the initiative.

 

The Committee directed staff to report on the current relevance of the 1974 agreement with the City of Toronto and the implications of dissolving it.

 

Moved by: Councillor Logan Kanapathi

Seconded by: Mayor Frank Scarpitti

 

Whereas Steeles Avenue at the south boundary of the Region of York is under the jurisdiction of the City of Toronto; and,

 

Whereas Steeles Ave in various areas requires immediate reconstruction and widening to address safety and capacity problems; and,

 

Whereas the Region of York and City of Toronto have been in negotiations regarding joint ownership and capital/operating cost sharing; and,

 

Now therefore be it resolved:

 

1)         That the City of Markham requests both parties to finalize negotiations and proceed with the reconstruction of Steeles Ave from Markham Road to the York/Durham line within a 3 year time frame; and,

 

2)         That the City of Toronto and Region of York be advised accordingly.

CARRIED

 

10.       GROWING THE GREENBELT (10.0)

            Memo

 

The Committee discussed the expansion of the Greenbelt requested by the City of Oakville, and the issue of severances to provide for privatization.

 

Moved by: Councillor Howard Shore

Seconded by: Deputy Mayor Jack Heath

 

That the memorandum dated December 11, 2012 providing an update on "Growing the Greenbelt" be received.

CARRIED

 

 

11.       SITE PLAN CONTROL APPLICATION SC 12 112285
            14 DAVID GOHN CIRCLE
            MARKHAM HERITAGE ESTATES (10.6, 16.11)

            Report

 

1)         That the report dated December 11, 2012, entitled “Site Plan Control Application SC 12 112 285, 14 David Gohn Circle, Markham Heritage Estates”, be received; and,

 

2)         That the Site Plan Control Application for the addition of a second storey to the rear of the James Thomas House at 14 David Gohn Circle be endorsed in principle subject to compliance with the following conditions prior to final approval:

 

a)     That the Owner enter into a site plan agreement with the City, which shall include without limitation, provisions for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedication, letter of credit requirements and financial obligations;

b)    That prior to the execution of the site plan agreement, the Owner shall submit final drawings, and comply with all requirements of City and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

c)     That the Owner submit the drawings required for the design and construction of the front porch either as per the restoration drawings approved in 1993 or another design appropriate to the architectural style of the dwelling in consultation with Heritage Section staff;  and

d)    That site plan approval shall lapse after a period of three years commencing December 11, 2012 in the event that the Owner does not enter  into a site plan agreement with the City during that period; and further,

 

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

CARRIED


 

12.       RECOMMENDATION REPORT
            GENTHORN DEVELOPMENTS INC.
            ZONING BY-LAW AMENDMENT APPLICATION
            TO ADD RESTAURANTS, TAKE-OUT RESTAURANTS
            AND COMMERCIAL SCHOOLS TO THE LIST OF
            PERMITTED USES AT 5 HILLCROFT DRIVE
            (ZA 11 131295) (10.5)

            Report

 

Jim Baird, Commissioner of Development Services provided a brief explanation of the proposal.

 

The Committee discussed parking issues and questioned the other uses in addition to a restaurant. A representative of the applicant discussed the vacancy rate and potential uses in the plaza, and advised a cap will be placed on restaurant capacity.

 

Moved by: Councillor Colin Campbell

Seconded by: Councillor Logan Kanapathi

 

*

1)         That the report dated December 11, 2012 titled “RECOMMENDATION REPORT, Genthorn Developments Inc., Zoning By-law Amendment application to add restaurants, take-out restaurants and commercial schools to the list of permitted uses at 5 Hillcroft Drive, File No. ZA 11 131295” be received; and,

 

2)         That the application (ZA 11 131295) submitted by Genthorn Developments Inc. to amend Zoning By-law 90-81, as amended, to add restaurants, take-out restaurants and commercial schools to the list of permitted uses at 5 Hillcroft Drive, be approved, and the draft By-law attached as Appendix “A” be finalized and enacted without further notice; and further,

 

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

CARRIED

*          Amended by Council on December 18, 2012, to add the following direction:

 

“That the following recommendation from the December 11, 2012 Development Services Committee meeting be deferred to the January 29, 2013 Council meeting:”

 


 

13.       RECOMMENDATION REPORT
            APPLICATION FOR SITE PLAN APPROVAL BY
            PUBLIC MOBILE INC. FOR A LATTICE TRI-POLE
            TELECOMMUNICATION TOWER AND
            ASSOCIATED EQUIPMENT COMPOUND
            AT 7851 MCCOWAN ROAD
            (SC 11 127338) (10.7)

            Presentation  Report

 

Jim Baird, Commissioner of Development Services gave a brief introduction on this matter.

 

Jay Lewis of Summit Telecom Services gave a presentation regarding the proposed telecommunications tower, explaining the location and design and construction details. Unsuccessful attempts had been made to co-locate with another service; however, this project will allow for co-location of other services. Mr. Lewis outlined the public consultation that had occurred and conditions imposed.

 

The Committee discussed cooperation within the industry to find creative ways to use existing infrastructure. The proximity to the school and health issues were questioned and Mr. Lewis advised the proposal meets the Industry Canada Code 6 regulations.

 

The Committee requested staff review the lattice design, and agreed to delegate approval for alternate designs to staff.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Colin Campbell

 

1)         That the report dated November 20, 2012, entitled “RECOMMENDATION REPORT Application by for Site Plan Approval by Public Mobile Inc. for a lattice tri-pole telecommunication tower with a height of 29.9 m (98.0 ft) and associated equipment compound at 7851 McCowan Road, File No. SC 11 127338”, be received; and,

 

2)         That the presentation by Jay Lewis of Summit Telecom Services, regarding the proposed telecommunications tower, be received; and,

 

3)         That the application for site plan approval be approved, subject to conditions of Site Plan Approval as identified in Appendix ‘A’ to this report; and,

 

4)         That Industry Canada is advised in writing, of this approval (concurrence), and that this approval is with respect to this location only; and,

 

5)         That staff be authorized to investigate alternate designs that would accommodate co-location of other servers; and,


 

6)         That the structure be exempted from the requirement for a Building Permit in accordance with Building Code regulations; and further,

 

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

CARRIED

 

 

 

14.       RECOMMENDATION REPORT
            APPLICATION FOR SITE PLAN APPROVAL
            BY BELL MOBILITY INC. FOR A
            MONOPOLE TELECOMMUNICATION TOWER
            AND ASSOCIATED EQUIPMENT COMPOUND AT
            5546 MAJOR MACKENZIE DRIVE EAST
            (SC 12 111739) (10.7)

            Presentation  Report

 

Moved by: Councillor Colin Campbell

Seconded by: Deputy Mayor Jack Heath

 

1)         That the report dated December 11, 2012, entitled “RECOMMENDATION REPORT Application for Site Plan Approval by Bell Mobility Inc. for a monopole telecommunication tower and associated equipment compound at 5546 Major Mackenzie Drive East Road, File No. SC 12 111739”, be received; and,

 

2)         That the presentation by SJSB Network Consulting Group Inc., regarding the proposed telecommunications tower, be received; and,

 

3)         That the site plan application be approved, subject to conditions of Site Plan Approval as identified in Appendix ‘A’ to this report; and,

 

4)         That Industry Canada is advised in writing, of this approval (concurrence), and that this approval is with respect to this location only; and,

 

5)         That the structure be exempted from the requirement for a Building Permit in accordance with Building Code regulations; and further,

 

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

CARRIED

 

 

 


 

15.       RECOMMENDATION REPORT
            GEMINI URBAN DESIGN (HOUGHTON) CORPORATION
            DRAFT PLAN OF SUBDIVISION, ZONING AMENDMENT
            AND DRAFT PLAN OF CONDOMINIUM FOR
            10 SINGLE DETACHED DWELLINGS AT
            11 & 15 HOUGHTON BOULELVARD & 55 JOSEPH STREET
            (SU 12 131249, ZA 12 131249 & CU 12 131249) (10.6, 10.5, 10.20)

            Report  Revised By-law

 

Jim Baird, Commissioner of Development Services, provided an introduction to this application for Plan of Subdivision and Plan of Condominium. A revised by-law was provided.

 

Robin Banerjee made a deputation, expressing concern for the buffer between the public and private lands and requesting a clear fence line be established. Mr. Banerjee also discussed dark sky measures and future road development with respect to setting a precedent for condo roads.

 

Staff advised of the minimum fencing requirements; the standard requirements for down-lighting; and stated that the condo road width of 7.5 metres will not create a precedent.

 

John Wannop spoke in support of the development, referring to it as a unique development and a good use of infill land, and advising that the applicant and City staff have been cooperative.

 

The Ward Councillor provided background on consultation with the residents and their concerns, and advised that most of the residents are now generally accepting of the revised proposal. It was confirmed that a fence line will be established at the property line behind Lots 1 to 8.

 

Moved by: Councillor Colin Campbell

Seconded by: Deputy Mayor Jack Heath

 

*

1)                  That correspondence from Jennifer and Len Churchill regarding the application by Gemini Urban Design (Houghton) Corporation be received; and,

 

2)         That the deputations by Robin Banerjee and John Wannop regarding the application by Gemini Urban Design (Houghton) Corporation, be received; and,

 

3)         That the report titled “RECOMMENDATION REPORT, Gemini Urban Design (Houghton) Corporation, Draft Plan of Subdivision, Zoning Amendment and Draft Plan of Condominium for 10 single detached dwellings at 11 & 15 Houghton Boulevard & 55 Joseph Street, Files SU 12 131249, ZA 12 131249 & CU 12 131249,” dated November 20, 2012 be received; and,

 

4)         That the record of the Public Meeting held on June 19, 2012, regarding the application for approval of Draft Plan of Subdivision be received; and,


 

5)         That draft plan of subdivision 19TM-12001 submitted by Gemini Urban Design (Houghton) Corporation, be draft approved subject to the conditions outlined in Appendix ‘A’; and,

 

6)         That the application by Gemini Urban Design (Houghton) Corporation to amend Zoning By-law 1229, as amended, be approved and the draft by-law attached as Appendix ‘B’ , be finalized and enacted without further notice; and,

 

7)         That Council authorize servicing allocation for 9 single detached units (33.3 population) within the current servicing allocation reserve; and,

 

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

 

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

 

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

 

11)       That the draft plan approval for plan of subdivision 19TM-12001 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period.

CARRIED

*          Amended by Council on December 18 2012 to add the following direction:

 

“That the following recommendation from the December 11, 2012 Development Services Committee meeting be deferred to a Council meeting in February 2013 to allow the opportunity for the Ward Councillor to consult with residents:”

 

 

16.       RECOMMENDATION REPORT
            ST. MARY & ST. SAMUEL THE CONFESSOR
            COPTIC ORTHODOX CHURCH
            REZONING AND SITE PLAN APPLICATIONS
            TO PERMIT A PLACE OF WORSHIP AND
            DAY CARE AT 9377, 9389 & 9401 MCCOWAN RD
            (ZA 10 131982 & SC 10 131983) (10.5, 10.7)

            Report

 

Jim Baird, Commissioner of Development Services introduced the proposal for a Place of Worship and Day Care facility.

 

Joanne Barnett, Planning Consultant representing the applicant, was in attendance. Ms. Barnett gave a brief overview of the proposal and discussed the issues identified through public consultation and resulting amendments to the plan. Adjacent lands have been obtained to provide additional parking. Members of the Church were in attendance in support.

 

An amendment was noted for the conditions prior to issuance of Site Plan Approval, to include a clearance letter from the Trustee of 16th McCowan Holdings Limited.

 

The Committee discussed accessibility features and the Bell Towers, and were advised that no actual bells will be installed. The public open space, woodlot, and walkway were identified and it was confirmed that Barnstone Drive will not be extended. The fence along the north side of the church property was questioned and will be reviewed by staff.

 

The Ward Councillor provided comments and commended the work of staff, the applicant and the residents to achieve the revised proposal.

 

Moved by: Councillor Carolina Moretti

Seconded by: Mayor Frank Scarpitti

 

1)         That the report titled “RECOMMENDATION REPORT, St. Mary & St. Samuel The Confessor Coptic Orthodox Church,  Rezoning and Site Plan applications to permit a place of worship and day care at 9377, 9389 and 9401 McCowan Rd, File Nos. ZA 10 131982 & SC 10 131983,” dated December 11th, 2012 be received; and,

 

2)         That the record of the Public Meeting held on May 24th, 2011, regarding the application for Zoning By-law Amendment  (ZA 10 131982) be received; and,

 

3)         That the application (ZA 10 131982) submitted by St. Mary and St. Samuel The Confessor Coptic Orthodox Church to amend Zoning By-laws 304-87, as amended, and 177-96, as amended, to permit a place of worship and day care be approved with a Hold (H) provision; and,

 

4)         That Council confirm that in accordance with Section 34 (17) of the Planning Act, no further Public Notice is required to rezone 9401 McCowan Road to permit the proposed development; and,

 

5)         That the Site Plan application (File No. SC 10 131983) submitted by St. Mary and St. Samuel The Confessor Coptic Orthodox Church, to allow a new place of worship and day care, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; as amended to add the following:

 

“That prior to issuance of Site Plan Approval by the City, the Owner provide a letter from the Trustee of 16th McCowan Holdings Limited confirming that satisfactory arrangements have been made for the payment of oversized services and road extensions installed.”; and,

 

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

 

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

 

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

CARRIED

 

 

17.       RECOMMENDATION REPORT
            INTRODUCTION OF SITE PLAN CONTROL APPROVAL
            AND COMMUNITY DESIGN GUIDELINES FOR
            THE HUGHSON DRIVE COMMUNITY (HUGHSON DRIVE,
            LUNAR DRIVE, ANKARA COURT, POLARIS DRIVE AND
            ATHENS DRIVE [WEST END])
            (SD 10 110091) (10.0, 10.7)

            Report

 

Jeremy Tio stated that he was speaking on behalf of 29 property owners in opposition to the enactment of Site Plan Control to the Hughson Drive area, and suggested it is not warranted.

 

Jim Baird, Commissioner of Development Services, recapped the history of this area and the context of Council’s decision regarding severances and implementing site plan control, similar to other areas in the City.

 

The Committee discussed the City’s obligation to protect existing residents, since granting the right for severances, to ensure compatibility. It was suggested the Ward Councillor hold a community meeting to inform the residents regarding the site plan process and implications.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Carolina Moretti

 

*

1)         That the deputation by Jeremy Tio regarding the Introduction of Site Plan Control Approval and Community Design Guidelines for the Hughson Drive Community, be received; and,

 

2)         That the report titled “Recommendation Report, Introduction of Site Plan Control Approval and Community Design Guidelines for the Hughson Drive Community” be received; and,

 

2)         That Council adopt the attached Hughson Drive Community Design Guidelines for consideration when processing Site Plan Control applications within the Hughson Drive Community; and,

 

3)         That Council enact the attached by-law to place lands within the Hughson Drive Community under Site Plan Control; and,

4)         That the Ward Councillor be requested to hold a community meeting in the New Year to providing information regarding the site plan process and implications; and further,

 

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

CARRIED

*          Amended by Council on December 18, 2012 to refer to add the following direction:

 

“That the following recommendation from the December 11, 2012 Development Services Committee meeting be referred to the Unionville Subcommittee and report back to the Development Services Committee in February 2013:”

 

 

18.       RECOMMENDATION REPORT
            STARGRANDE CUSTOM HOMES
            REZONING AND SITE PLAN APPLICATIONS
            TO PERMIT A TOWNHOUSE DEVELOPMENT
            AT 6330 16TH AVENUE (NORTH-EAST CORNER OF
            WILLIAMSON ROAD AND 16TH AVENUE)
            (ZA 11 119446 & SC 11 119447) (10.6)

            Report 

 

A staff Memorandum dated December 11, 2012 was tabled, outlining the revisions to the plan and the results of the Environmental Impact Study Peer Review.

 

Jim Baird, Commissioner of Development Services explained the status of the proposal with respect to the November 20, 2012 recommendations and recent revisions. Dave Miller, manager, East District, reviewed the staff memo on the status update of the project.

 

Anthony Martelli of Greenpark Homes, representing the applicant, gave a presentation providing an updated overview of the proposal and recent revisions to the unit count, additional parkland, tree preservation, visitor parking, and the road pattern units north of the heritage house. The EIS Peer Review confirms that an appropriate buffer (10 m from top of bank) has been applied to Swan Lake.

 

Alex Hardy, Vice President of the Markham Residents for Responsible Community Planning, noted his written submission and suggested not enough significant changes have been made to the site plan. The findings of a survey and a petition of the residents were reviewed.

 

Bhupen Karia spoke in opposition and discussed traffic generated by this proposal and surrounding uses.

 

Donna Bush spoke in opposition and discussed resident involvement. Ms. Bush suggested that no cash-in-lieu of parkland be accepted; that the Official Plan and a Secondary Plan are required; and questioned the density requirements for intensification.

 

William Lam spoke in opposition, and discussed road and sidewalk issues, and requested clarification of the EIS Peer review. Staff explained that the Peer Review indicates overall support and there is no reason to halt the project; however there may be further mitigating refinements.

 

Karen Rea requested the refinements from the Peer Review be presented to Council and the public for information. Ms. Rea discussed density, unit count, headlight glare for the heritage home, access to the heritage home, a review of the traffic study, and requested that no cash-in-lieu of parkland be accepted.

 

The Committee discussed growth pressures and purpose of intensity to curb sprawl into agricultural lands, and confirmed that additional conditions from the EIS Peer Review would be delegated to staff. The cost of underground parking was also discussed. The Committee supported front-ending the signalization at Williamson & 16th once the 75% threshold is reached, funded through developers group until the Region reimburses the City. With respect to parkland, staff advised that there is minimal shortfall.

 

Anthony Martelli provided closing comments regarding underground parking. Mr. Martelli reviewed that the applicant has a long history of doing their best for the community, and stated that the project will be a low-rise development and the continuous walkway will enhance Swan Lake. Donald Fraser of Beacon Environmental, consultant for the applicant, made a brief response to the Peer Review, stating they have no concerns.

 

Moved by: Mayor Frank Scarpitti   

Seconded by: Councillor Carolina Moretti

 

1)         That the deputations by Alex Hardy, Vice President of the Markham Residents for Responsible Community Planning, Bhupen Karia, Donna Bush, William Lam, and Karen Rea, and the written submission from Alex Hardy, regarding the application by Stargrande Custom Homes, Rezoning and Site Plan applications to permit a townhouse development at 6330 16th Avenue, be received; and,

 

2)         That the staff Memorandum dated December 11, 2012 outlining the revisions to the plan and the results of the Environmental Impact Study Peer Review, be received; and,

 

3)         That the report dated October 9th, 2012 titled “RECOMMENDATION REPORT, Stargrande Custom Homes, Rezoning and Site Plan applications to permit a townhouse development at 6330 16th Avenue (north-east corner of Williamson Road and 16th Avenue), File Nos: ZA 11 119446 & SC 11 119447”, be received; and,

 

4)         That the record of the Public Meeting held on October 11th, 2011 regarding the application submitted by Stargrande Custom Homes (ZA 11 119446) to amend Zoning By-law 304-87, as amended, be received; and,


5)         That the application (ZA 11 119446) submitted by Stargrande Custom Homes to amend Zoning By-law 304-87, as amended, to permit a townhouse development at 6330 16th Avenue, be approved, and the draft By-law attached as Appendix ‘C’ be finalized and enacted without further notice; and,

 

6)         That the Site Plan application (SC 11 119447) submitted by Stargrande Custom Homes to facilitate a townhouse development at 6330 16th Avenue be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,

 

7)         That Site Plan Approval (SC 11 119447) be delegated to the Director of Planning and Urban Design or his designate, to be issued following execution of a site plan agreement.  Site Plan Approval is issued only when the Director has signed the site plan; and,

 

8)         That the EIS be updated, as recommended by the peer review, to the satisfaction of the Commissioner of Development Services; and,

 

9)         That any additional conditions resulting from the EIS Peer review , be  incorporated into the plans to the satisfaction of the Commissioner of Development Services; and,

 

10)       That the Region of York be requested to signalize the intersection of Williamson Road and 16th Avenue as soon as possible; and,

 

11)       That in the event the Region will not install the signals prior to occupancy of development in the area including the subject site then Markham agrees to front-end the cost for the signalization of Williamson Road and 16th Avenue intersection once the minimum threshold is reached and such signals be funded through area developers contributions with the Markham making up any shortfall until reimbursed by the Region; and,

 

12)       That the acceptance of any lands to be conveyed to the City for walkways, parks and open space areas be to the satisfaction of the CAO and City Solicitor, and free of any environmental liabilities, cost or encumbrances; and,

 

13)       That 2011/2012 servicing allocation for 160 townhouses be assigned to the proposed development, subject to written confirmation from the Landowners Group that servicing allocation is available from the 2011/2012 sewer and water allocation previously assigned to Swan Lake; and,

 

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

 

15)       That the Local Councillor make arrangements to share the approved site plan, elevation and landscaping plans with the residents; and further,

 

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

CARRIED

 

19.       MAIN STREET MARKHAM
            - STREETSCAPE IMPROVEMENTS
            FROM HIGHWAY 7 TO BULLOCK DRIVE (5.10)

            Report  Attach A1 to A3  Attach B1 to C2

 

Diane Kobelansky, Chair of the Markham Village BIA made a deputation to lobby for the beautification of the streetscape, and suggested some regulations should be developed concerning patios and bump-outs.

 

Paul Cicchini, representing the Duchess of Markham establishment, submitted photos of the archway, patios, and street pathway from the City of Hamilton, suggesting similar treatments for Main Street Markham. Mr. Cicchini also noted the use of urban braille for the visually impaired.

Alan Brown. Director of Engineering, reviewed the list of issues still being resolved in the staff report. The Committee received the report regarding the draft improvements, and will consider endorsement when this is brought back to the Committee in January, 2013.

 

Moved by: Councillor Carolina Moretti

Seconded by: Councillor Colin Campbell

 

1)         That the deputations by Diane Kobelansky, Chair of the Markham Village BIA, and Paul Cicchini, representing the Duchess of Markham, regarding Main Street Markham streetscape improvements, be received; and,

 

2)         That the staff report entitled “Main Street Markham – Streetscape Improvements from Highway 7 to Bullock Drive” dated December 11, 2012 be received; and,

 

3)         That the streetscape improvements concept for Main Street Markham from Highway 7 to Bullock Drive as outlined in this report be received; and,

 

4)         That Engineering staff be authorized to schedule a public information meeting to present the draft improvements; and,

 

5)         That the Director of Engineering and the Director of Planning and Urban Design be authorized to finalize any future revisions to the streetscape improvements plans in consultation with the local Ward Councillors, Operations and Asset Management Departments and bring the streetscape improvements be brought back to Committee or Council in January, 2013, for endorsement; and,

 

6)         That staff report back with a traffic management and communication plan for the proposed road works and streetscaping which will take place from Spring 2013 to Fall 2013; and

 

7)         That Robinson Street be included in the streetscape improvements; and,  


 

8)         That staff be directed to investigate the cost of an arch and alternatively, the cost to rough-in for the arch; and further,

 

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

CARRIED

 

 

20.       MILLER AVENUE EXTENSION
            CLASS ENVIRONMENTAL ASSESSMENT
            STUDY COMPLETION (5.7)

            Report 

 

Alan Brown, Director of Engineering, gave a brief explanation.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Deputy Mayor Jack Heath

 

1)         That the staff report entitled “Miller Avenue Extension Class Environmental Assessment, Study Completion”, dated December 11, 2012 be received; and,

 

2)         That the preferred alternative for Miller Avenue Extension as set out in the Environmental Study Report be endorsed; and,

 

3)         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 30 days commencing February 2013; and further,

 

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

CARRIED

 

 

21.       2012 ENGINEERING CAPITAL PROJECT
            – PURCHASE ORDER ADJUSTMENT REQUEST (5.0)

            Report

 

Alan Brown provided a brief explanation of the purchase order adjustment request with respect to the Purchasing By-law requirements, and responded to questions from the Committee.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Colin Campbell

 

1)         That the report entitled “2012 Engineering Capital Projects – Purchase Order Adjustment Requests” be received; and,

 

Rodick Road and 14th Avenue Intersection Improvements

 

2)         That Purchase Order PD 12223 issued to North Rock Construction for contract 170-T-12 (Rodick Road and 14th Avenue Intersection Improvement) be increased by $248,909.58, inclusive of HST, to cover the proposed design revision to address the utility conflict on site and potential delay claim, and be funded from Capital Account 083-5350-7652-005 (Rodick Road Phase 2); and,

 

Rehabilitation of John Street Canadian National Railway (CNR) Overhead Bridge

 

3)         That Purchase Order PD 12167 issued to Marbridge Construction Ltd. for contract 072-T-12 (Rehabilitation of John Street CNR Overhead Bridge (B42)) be increased by $238,559.02, inclusive of HST, to cover the additional rehabilitation works identified during construction, and be funded from Capital Account 058-5350-10267-005 (Bridge Rehab – John Street at CNR); and,

4)         That Purchase Order PP 12374 issued to CN for the flagging requirements for the Rehabilitation of John Street CNR Overhead Bridge project be increased by $50,880.00, inclusive of HST, to cover the additional CN flagging required for the additional work, and be funded from the following Capital Accounts, and be funded from the following Capital Accounts, and be funded from Capital Account 058-5350-10267-005 (Bridge Rehab – John Street at CNR); and,

 

5)         That Purchase Order PD 10227 issued to GD Jewel Engineering for the contract administration of the Rehabilitation of John Street CNR Overhead Bridge project be increased by $25,440.00, inclusive of HST, to cover the design work and contract administration services required for the additional work, and be funded from Capital Account 058-5350-10267-005 (Bridge Rehab – John Street at CNR); and,

 

6)         That the existing 2010 Asset Management capital account 058-5350-10267-005 (Bridge Rehab – John Street at CNR) be increased  by $314,879.02, inclusive of HST, to be funded from the Life Cycle Repair and Replacement Reserve and Waterworks Reserve and to be funded as follows:

·        Life Cycle Repair and Replacement Reserve Funding ($200,399.02)

·        Waterworks Reserve Funding ($114,480.00): and,

 

Birchmount Road – Phase 2 (14th Avenue to CN Tracks)

 

7)         That Purchase Order PD 10255 issued to Dagmar Construction Ltd. for contract 105-T-10 (Birchmount Road – Phase 2) be increased by $212,457.76, inclusive of HST, to cover the additional cost for the intersection works at 14th Avenue and Birchmount Road as well as the repairs on Birchmount Road Phase 1, be funded from Capital Account 083-5350-8047-005 (Birchmount Phase 2 construction) and that the remaining funds in the order of $600,000.00 be returned to the original funding source; and,


Rodick Road - Phase 3 (Esna Park to 14th Avenue)

 

8)         That Purchase Order PD 11177 issued to AECOM for the contract administration of the Rodick Road Phase 3 project be increased by $164,626.56, inclusive of HST, to cover the additional contract administration work required for the additional work, and  be funded from Capital Account 058-5350-11064-005 (Rodick Road Phase 3); and,

 

Hwy 404 Mid-Block Crossing, North of Hwy 7

 

9)         That Purchase Order PD 10391 issued to URS Canada for contract 116-R-10 (Detailed Design of Hwy 404) be increased by $153,235.30, inclusive of HST, to cover the additional detailed design work and to be funded from Capital Account 083-5350-10050-005 (Hwy 404 Mid-block Crossing, North of Hwy 7) and that the remaining funds of $952,105.69 be returned to the original funding source; and further,

 

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

CARRIED

 

 

22.       AWARD OF TENDER 151-T-12
            BIRCHMOUNT ROAD ROUGE RIVER CROSSING
            AND ROAD EXTENSION UPDATE (7.12, 5.10)

            Report

 

There was brief discussion on this matter.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Regional Councillor Jim Jones

 

1)         That the Staff report entitled, Award of Tender 151-T-12 Birchmount Road Rouge River Crossing and Road Extension Update be received; and,

 

2)         That the contract for Tender # 151-T-12, Birchmount Road, Rouge River Crossing, be awarded  to the lowest priced bidder, Dagmar Construction Ltd., in the amount of $7,667,187.72, inclusive of HST; and,

 

3)         That Staff be authorized to revise the scope of work for Contract # 151-T-12 to delete the servicing and roadwork bid items within the Remington Development properties  and include the anticipated loss of profit, overhead and extra costs associated with deleting such work, for a net decrease of $1,490,000.00 in the tender; and,

 

4)         That Staff be authorized to adjust the Purchase Order to be issued to Dagmar Construction Ltd. to the amount of $6,177,187.72, inclusive of HST; and,

5)         That a contingency amount of $926,578.16, inclusive of HST, (15% of $6,177,187.72), be established to cover any additional construction and ancillary costs, and Staff  be authorized to approve the expenditure of this contingency in accordance with the City of Markham’s Expenditure Control Policy; and,

 

6)         That Staff be authorized to issue a Purchase Order to AECOM Canada Ltd. in the amount of $384,504.23, inclusive of HST, to provide construction inspection, contract administration services, environmental inspection and material testing for the project, which includes an increase of $225,057.52, inclusive of HST, for the additional geotechnical testing, environmental inspections, MDE inspections as well as additional contract administration and inspection fees due to the extension of the contract (i.e. 8 months to 12 months), not included in the original RFP; and,

 

7)         That a contingency amount of $38,450.42, inclusive of HST, be established to cover any additional construction inspection, contract administration services, environmental inspection and material testing and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit; and,

 

8)         That the Engineering Department Project Management Fee in the amount of $451,635.95, inclusive of HST, be funded from Capital Budget account # 083-5350-12055-005 -“Birchmount Road Crossing at Rouge River”; and,

 

9)         That the award be funded from the Birchmount Road, Crossing at Rouge River – (Construction) 2012 Capital Account #083-5350-12055-005; and,

 

10)       That capital account 083-5350-12055-005 be revised to reflect the change in the scope of work and changes in the funding sources (i.e. Development Charges, Developer and MDE) for the project. And that the funding in the amount of $3,496,400.00, inclusive of HST, be returned to the Development Charges (DC) Reserve; and,

 

Funding Source

Original Budget

Proposed Funding Change

Revised Budget

Development Charges

$12,796,400.00

($3,496,400.00)

$ 9,300,000.00

Developer Funding

$     900,000.00

($   900,000.00)

$               0.00

MDE Funding

$  1,300,000.00

($   600,000.00)

$   700,000.00

Total Funding

$14,996,000.00

($4,996,400.00)

$10,000,000.00

 

11)       That the remaining funds in the account be maintained until the MNR and TRCA conditions related to the Birchmount Bridge construction are finalized; and further,

 

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

CARRIED

 

23.       UPDATE - TRAIN ANTI-WHISTLING
            AT RAIL CROSSINGS/UXBRIDGE SUBDIVISION RAIL (5.12)

            Report   Presentation

 

Peter Miasek gave a presentation on behalf of the Unionville Ratepayer Association, addressing the staff report and requesting GO Train Whistle Mitigation on Markham’s Stouffville GO Line, and requesting funding and engineering resources for a noise monitoring study.

 

The Committee discussed grandfathering and impacts to quality of life. Transport Canada will not consider property values but does consider health issues with respect to sound decibels. Since Markham is working toward increased, all-day service, this will need to be addressed.

 

A Working Group was suggested. Alan Brown will advise of the appropriate composition of the working group at a later date.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Councillor Don Hamilton

 

1)         That the deputation by Peter Miasek, representing the Unionville Ratepayer Association, regarding train anti-whistling, be received; and,

 

2)         That the report dated December 11, 2012, entitled “UPDATE - Train Anti-Whistling at Rail Crossings/Uxbridge Subdivision Rail” be received; and,

 

3)         That Metrolinx be requested to include anti-whistling and/or other noise mitigation measures at level road crossings as part of their pending Environmental Assessment study to be undertaken on the Stouffville line for future infrastructure improvements; and,

 

4)         That anti-whistling be included in the I-METRO-E concept to electrify the Stouffville line; and,

 

5)         That Metrolinx and York Region be advised accordingly; and further,

 

6)         That a Working Group be established, with a composition to be determined at a later date.

CARRIED

 

 

24.       UNIONVILLE BUSINESS IMPROVEMENT AREA (BIA)
            50/50 RESTAURANT RESTRICTION (10.5)

            Correspondence + Survey Results

 

Sharon Taylor Wood, Director of the Unionville BIA, spoke to the Committee regarding the restriction of the number of restaurants on Main Street Unionville, and advised that a survey of the UBIA members indicates support for the removal of the restriction.

 

The Committee referred this matter to staff and directed that this move forward separately from the Unionville BIA visioning exercise.

 

Moved by: Councillor Don Hamilton

Seconded by: Councillor Carolina Moretti

 

That the correspondence and survey results dated November 16, 2012, and the deputation from Ms. Sharon Taylor Wood, Unionville Business Improvement Area (BIA) requesting the removal of the "50/50 Restaurant Restriction" on Main Street Unionville be received and referred to staff.

 

CARRIED

 

25.       IN-CAMERA MATTER (8.0)

 

The Committee consented to new business in-camera, relating to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

 

Moved by: Deputy Mayor Jack Heath 

Seconded by: Mayor Frank Scarpitti   

 

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

 

1)         Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

 

2)                 Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

 

3)                 Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

CARRIED

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Mayor Frank Scarpitti

 

That the Development Services Committee rise from in-camera session at 6:37 PM.

 

CARRIED

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at 6:37 PM.

 

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