JUNE 22, 2010 - 9:00 a.m. - 2:30 p.m.

MINUTES

DEVELOPMENT SERVICES COMMITTEE

All Members of Council

Development Services                                                                 Economic Development

Chair:              Councillor J. Webster                                                                             Chair:             

Vice-Chair:      Councillor D. Horchik                                                                            Transportation Issues

                                                                                                                                        Chair:          Regional Councillor G. Landon

 

 

PART A and PART B

Presentations, Major Studies, Issues and Report Agenda

9:00 a.m. – Council Chamber

 

 

Attendance

Mayor F. Scarpitti Deputy Mayor J. Heath Regional Councillor J. Jones Regional Councillor G. Landon Regional Councillor J. Virgilio Councillor V. Burke Councillor E. Shapero Councillor D. Hamilton Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services B. Librecz, Commissioner of Community & Fire Services C. Conrad, Town Solicitor A. Brown, Director of Engineering B. Karumanchery, Senior Development Manager D. Cheng, Senior Planner J. Bosomworth, Manager Strategy & Innovation L. Duoba, Senior Project Coordinator A. Tari, Committee Clerk

 

The Development Services Committee convened at 9:06 AM in the Council Chamber with Councillor J. Webster in the Chair.  Regional Councillor G. Landon assumed the Chair for Transportation items, Nos.15 to 20. 

 

The Development Services Committee recessed at 12:42 PM and reconvened at 1:30 PM.

 

 

DISCLOSURE OF PECUNIARY INTEREST

 

Councillor Logan Kanapathi disclosed an interest with respect to Item #25, as the subject building is his wife’s clinic and he is the director of the numbered company, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor Carolina Moretti disclosed an interest with respect to Item #5, as the subject deals with a home on Peter Street and her son lives on Peter Street, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor Carolina Moretti disclosed an interest with respect to Item #16, as her son works for one of the owners of Upper Unionville, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Regional Councillor Gord Landon disclosed an interest with respect to Item #16, as his son works for one of the owners of Upper Unionville, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

1.         REMINGTON PRECINCT PLAN
            AND TRANSIT ALIGNMENTS (10.0, 5.14)

            Presentation

 

Mr. Jim Baird, Commissioner of Development Services, advised the Committee that the main focus of today’s presentation is dealing with transit alignment primarily with VIVA and the 407 Transitway.

 

Mr. Peter Calthorpe, Calthorpe Associates, delivered a PowerPoint presentation providing an overview of the Remington Precinct Plan and proposed Transit Alignments.

 

The Committee discussed the proposal to re-route Enterprise Drive and whether it will affect the pedestrian walkability. 

 

The Committee inquired about the bridge over the tributary.  Mr. Calthorpe confirmed that they are proposing a pedestrian bridge, but there is no need for a vehicular bridge.

 

There was discussion regarding the proposed urban park and whether it is intended to attract individuals throughout Markham or primarily for the residents within Markham Centre.  The Committee discussed how the Rouge River Valley system will be incorporated into the proposal.

 

The Committee briefly discussed the proposed development blocks east of the GO line. 

 

The Committee inquired about the issue related to Markham District Energy (MDE) lands.  Mr. Randy Peddigrew, Vice-President of Development, Remington Group addressed the Committee advising that there have been some revisions made to the proposal and the revised proposal is with Mr. Bruce Ander, President, Markham District Energy for his review.

 

Moved by Regional Councillor J. Jones

Seconded by Councillor C. Moretti

 

That the presentation provided by Mr. Peter Calthorpe, Calthorpe Associates regarding Remington Precinct Plan and Transit Alignments, be received.

CARRIED

 

2.         MINTROCK INCORPORATED
            PROPOSAL FOR PLAZA AT
            THE SOUTHWEST CORNER OF
            HIGHWAY 48 AND EDWARD JEFFREYS AVENUE (10.0)

            Presentation

 

Mr. Baird advised that the applicant is requesting that Committee allows the site plan application to be delegated to staff over the summer recess.

 

Ms. Doris Cheng, Planner, delivered a PowerPoint presentation regarding the proposed site plan application for Mintrock Incorporated at the southwest corner of Highway 48 and Edward Jeffreys Avenue.

 

The Committee inquired if staff have any issues related to the built form (location of buildings and mass of buildings) and are you requiring a Hold on the entire frontage of the property.  Staff indicated that their main concern is related to building “C”.  The Committee suggested that it be endorsed in principle with final approval delegated to staff.  Staff advised that the primary focus of the Town Architect is related to the proposed height and design of the rear building.

 

The Ward Councillor requested that she continue to be involved during this process.

 

Moved by Councillor C. Moretti

Seconded by Councillor D. Horchik

 

1)         That the presentation provided by Ms. Doris Cheng, Planner regarding Mintrock Incorporated - Proposal for Plaza at the Southwest Corner of Highway 48 and Edward Jeffreys Avenue, be received; and,

 

2)         That the site plan application be endorsed in principle and delegated to staff for approval in consultation with the Ward Councillor Carolina Moretti over the summer recess; and further,

 

3)         That the applicant continue to work with staff to better reflect the Urban Design Guidelines for the area.

CARRIED

 

 

3.         SERVICING ALLOCATION (5.5)

            Presentation

 

Commissioner Baird advised that this is the proposed distribution of 2013 allocation.  He also advised that this will be presented to the Developers’ Round Table on June 23, 2010 and provide an opportunity over the summer for their input.  Staff will update Committee in the Fall 2010.

 

Mr. Biju Karumanchery, Senior Development Manager delivered a PowerPoint presentation providing a servicing allocation update.

 

 

There was discussion regarding the amount of units provided to South Unionville and staff indicated that there are additional units set aside for incoming applications.  The Committee stated concern with some of the numbers in the “Total Development Proposed” column.

 

There was brief discussion with respect to upper Cornell (north of 16^th Avenue and 9^th Line) regarding approximately five undeveloped lots.

 

The Committee inquired why this process is still happening.  Mr. Brown, Director of Engineering advised the Committee that the key issue is the sanitary sewer (South East Collector and Duffett Sanitary Sewers).  He also advised that the South East Collector is expected to be completed by 2014 however this service allocation will likely continue to 2017.

 

Staff confirmed that the Town promotes the LEED program for both high and medium density developments. 

 

There was discussion regarding whether there is sufficient allocation in the South Unionville area to accommodate the infill development.

 

Moved by Regional Councillor J. Virgilio

Seconded by Councillor A. Chiu

 

That the presentation by Mr.  Biju Karumanchery, Senior Development Manager regarding Servicing Allocation, be received.

CARRIED

 

 

 

 

4.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- June 8, 2010, Part A (10.0)

            Minutes

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

That the minutes of the Development Services Committee meeting, Part A, held June 8, 2010, be confirmed.

CARRIED

 

 

 

 

 

 

 

 

5.         HERITAGE MARKHAM COMMITTEE MINUTES
            - June 9, 2010 (16.11)

            Minutes

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

That the minutes of the Heritage Markham Committee meeting held June 9, 2010, be received.

CARRIED

 

 

 

6.         REQUEST BY MR. RAZMOVSKI
            FOR A CHANGE OF ADDRESS FROM
            4 LONG ISLAND CRESCENT TO 2 LONG ISLAND CRESCENT (10.15)

            Map 

 

The Committee discussed the precedent that has been set with approving these requests to change addresses from 4 to 2 and the importance of reviewing the Town’s policy related to address change requests. 

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

1)         That the request for an address change by Mr. Razmovski from 4 Long Island Crescent to 2 Long Island Crescent be approved subject to the homeowner paying the direct associated Town cost of $500.00.

CARRIED

 

 

 

7.         REPORT ON INCOMING PLANNING APPLICATIONS
            FOR THE PERIOD OF APRIL 17, 2010 TO MAY 12, 2010 (10.0)

            Report 

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

1)         That Committee receive the report entitled “Report on Incoming Planning Applications for the period of April 17, 2010 to May 12, 2010” and direct staff to process the applications in accordance with the approval route outlined in the report; and,

 

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

CARRIED

 

 

8.         REQUEST FOR DEMOLITION OF DWELLING
            21 MAPLE LANE, UNIONVILLE HERITAGE
            CONSERVATION DISTRICT (16.11, 10.13)

            Report  Attachment 

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

1)         That the staff report titled “Request for Demolition of Dwelling, 21 Maple Lane, Unionville Heritage Conservation District” dated June 22, 2010 be received; and,

 

2)         That Council has no objection to the demolition of the dwelling at 21 Maple Lane, Unionville subject to the following conditions:

a.   The applicant to advertise in the local newspapers the availability of the dwelling for relocation (but not to Markham Heritage Estates) and/or salvage of materials to promote diversion of materials from landfill;

b.   The applicant or future owner obtain Site Plan Approval for a new dwelling which complies with the Unionville Heritage Conservation District Plan prior to the issuance of a demolition permit; and

c.   The applicant or future owner work with staff to retain mature trees on the property; and,

 

3)         That the applicant be notified of Council’s decision as per the requirements of the Ontario Heritage Act; and,

 

4)         That this item be sent to Council on June 22, 2010; and further,

 

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

CARRIED

 

 

 

9.         COMMERCIAL PATIO - AMENDMENT TO
            SITE PLAN AGREEMENT
            202 MAIN STREET UNIONVILLE
            JAKES ON MAIN PUB AND GRILL
            (SC 10 116319) (10.6)

            Report  Attachment 

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

1)         That the staff report titled “Commercial Patio-Amendment to Site Plan Agreement, 202 Main Street Unionville-Jakes on Main Pub and Grill, SC 10 116319” dated June 22, 2010 be received; and,

 

 

2)         That the existing site plan agreement for the commercial patio associated with the restaurant located at 202 Main Street (Jakes on Main Pub and Grill), Unionville be amended to reflect the following:

            -  the outdoor patio area to be restricted to a maximum area of 239.4 m² in size, representing 40% of the restaurant gross floor area which is permitted by the Town’s Outdoor Patio By-law 71-96;

            -  the outdoor patio area shall be the size and configuration existing on June 22, 2010, plus an additional 8 sq m of patio space on the veranda;

            -  the reference to seating capacity be removed and left to be regulated by the Alcohol and Gaming Commission; and

            - the outdoor patio is to use only plain umbrellas without advertising; and further,

 

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

CARRIED

 

 

 

 

10.       HOLD REMOVAL BY-LAWS FOR PROPERTIES
            WITH 2011 / 2012 SERVICING ALLOCATION (5.5, 10.0)

            Memo

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

That the memo dated June 22, 2010 from the Commissioner of Development Services providing information regarding Hold Removal By-laws for properties with 2011/2012 servicing allocation be received.

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.       2162246 ONTARIO LTD
            (BEST HOMES CANADA INC)
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT TO PERMIT
            TOWNHOUSE AND HIGH DENSITY MIXED-USE RESIDENTIAL
            DEVELOPMENT AT 9582 HIGHWAY 48
            WISMER COMMONS COMMUNITY
            (SU 09-124456 AND ZA 08-120818 (19TM-09006)) (10.7, 10.5)

            Report  Attachment 

 

Commissioner Baird summarized the details outlined in the report.

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

1)         That the recommendation report dated June 22, 2010 entitled “Recommendation Report.  2162246 Ontario Ltd (Best Homes Canada Inc).  Applications for Draft Plan of Subdivision and Zoning By-law Amendment to permit townhouse and high density mixed-use residential development at 9582 Highway 48, Wismer Commons Community, File Numbers: SU 09-124456 and ZA 08-120818 (19TM-09006)”, be received; and,

 

2)         That the record of the Public Meeting held on October 20, 2009, regarding the applications for the Draft Plan of Subdivision and Zoning By-law amendment be received; and,

 

3)         That the draft plan of subdivision (19TM-09006) submitted by 2162246 Ontario Ltd (Best Homes Canada Inc) be approved subject to the conditions of draft approval attached as Appendix ‘A’; and,

 

4)         That the application submitted by 2162246 Ontario Ltd (Best Homes Canada Inc)   to amend Zoning By-laws 304-87 and 177-96 as amended, be approved and the draft by-law, attached as Appendix ‘B’ be finalized and enacted without further notice; and,

 

5)         That the Mayor and Clerk be authorized to enter into a No Presales Agreement for Blocks 1 to 4, to be registered on title and committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders until the Director of Engineering is satisfied that a full moves access from the plan of subdivision to either Highway 48 or to Bur Oak Avenue has been provided for; and,

 

6)         That 21 units (59.2 population) of conditional 2011 servicing allocation be granted to this development, as assigned in accordance with the February 12, 2008 and May 19, 2009 reports on servicing allocation; and,

 

7)         That the Mayor and Clerk be authorized to enter into a No Presales Agreement for Block 5, to be registered on title and committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders until:

 

               a)   York Region has advised in writing that the expected completion of the Southeast Collector Sewer will be within twelve (12) months; and

               b)   The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the lands; and,

 

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

 

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

 

10)       That draft plan approval shall lapse after a period of three (3) years from the date of approval in the event that the conditions of approval have not been satisfied within that period; and further,

 

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

CARRIED

 

 

 

12.       MARANDER MONTESSORI SCHOOL
            ZONING BY-LAW AMENDMENT AND
            SITE PLAN AMENDMENT APPLICATIONS TO
            PERMIT A PRIVATE SCHOOL IN ADDITION TO AN
            EXISTING DAYCARE FACILITY AT 5906 16^TH AVENUE
            (FILE NOS. ZA 08-114478 AND SC 08-124294) (10.5, 10.6)

            Report  Attachment 

 

Mr. Baird pointed out that following the Public Meeting the proposed capacity has been significantly reduced.

 

There was brief discussion regarding the number of accidents on 16^th Avenue. Councillor Moretti advised that she is continuing to work with the Region on some outstanding issues.

 

There was discussion regarding the proposed landscape plan and proposed playground area.  Ms. Margaret Lee, owner, addressed the Committee advising that the entire perimeter of the property is lined with trees.

 

The Committee suggested that staff work with the applicant to include dark sky lighting and, Bird Friendly Guidelines.  There was discussion regarding whether Bird Friendly Guidelines should be considered on single family dwellings. 

 

There was discussion with respect to the proposal being compatible to the surrounding heritage district.

 

Ms. Lee addressed the Committee advising that they have been at this location for over six years and never had an issue with birds striking the building and indicated that the school currently does not have a sign, but is in the process of creating one that will be compatible to the heritage community.

 

Moved by Councillor C. Moretti

Seconded by Regional Councillor J. Jones

 

1)         That the report entitled “RECOMMENDATION REPORT, Marander Montessori School, Zoning By-law Amendment and Site Plan Amendment applications to permit a private school in addition to an existing daycare facility at 5906 16th Avenue, File Nos. ZA 08-114478 and SC 08-124294”, dated June 22, 2010 be received; and,

 

2)         That the application submitted by Marander Montessori School to amend Zoning By-law 1229, as amended, be approved, and the draft by-law attached as Appendix ‘A’, be finalized and enacted without further notice; and,

 

3)         That the site plan amendment application (SC 08-124924) submitted by Marander Montessori School to permit a private school in addition to the daycare facility at 5906 16^th Avenue be endorsed in principle, subject to the conditions set out in Appendix ‘B’ to this report; and,

 

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

 

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

CARRIED

 

 

13.       DRIVE-THROUGH FACILITIES
            DESIGN GUIDELINES
            (FILE NO.: SD 03 016698) (10.0)

            Report  Guidelines  Guidelines Appendix A  Guidelines Appendix B  Letter 

 

Mr. Moiz Behar, Moiz Behar Planning and Design Inc. delivered a PowerPoint providing an overview of the proposed revisions with respect to the Drive-Through Facilities Design Guidelines.

 

Mr. Victor Labreche, Labreche Patterson & Associates Inc. addressed the Committee regarding the draft drive-through facilities design guidelines and stated some concerns. He is suggesting that the last bullet on page 7 (“the increase in non-permeable surfaces due to the large asphalted areas to accommodate both parking and stacking”) should be removed because he believes it is factually incorrect.  Mr. Labreche would like the proposed 30 metre setback be subject to the submission of a noise study.  He believes that the drive-through guidelines should not be referenced to through the Official Plan rather through zoning by-law amendments.

 

 

There was discussion regarding whether there is any correlation between drive-throughs and poor air quality and traffic congestion.  The Committee briefly discussed ways to reduce off-site disposal of waste from the drive-through facilities.

 

The Committee discussed the removal of a previous guideline related to potential avoidance areas for drive-through developments and whether it should be re-introduced in the final draft.  Staff advised that avoidance areas are better regulated through zoning by-laws rather than the guidelines.

 

Mr. Peter Miasek, Unionville resident, addressed the Committee regarding the drive-through facilities design guidelines and stated that the previous guideline should be included.  He questioned whether the RWDI Air Inc. Consulting Engineers & Scientists’ study looked at green house gas emissions.

 

Mr. Labreche confirmed that the RWDI study did consider green house gases.

 

The Committee suggested that the policy document should have more reflection to air quality, peak oil and climate change in its objectives.

 

The Committee pointed out the convenience of drive-throughs and that they provide an important service for the disabled, the elderly and parents with children in car seats.

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

1)         That the report entitled, `Drive-through Facilities Design Guidelines, File No. SD 03 016698`, dated June 22, 2010, be received; and,

 

2)         That the guidelines presented in the Town of Markham Drive-through Design Guidelines prepared by M. Behar Planning & Design Inc. be endorsed in principle; and,

 

3)         That Staff have regard for the guidelines during their review of development proposals and applications; and,

 

4)         That Staff continue to work towards bringing forward an Official Plan Amendment and Town-wide Zoning By-law to provide a strong policy basis for the Design Guidelines and to better regulate the location and design of new drive-through facilities; and,

 

5)         That the letter dated June 21, 2010 from Mr. Victor Labreche, Senior Principal, Labreche Patterson & Associates Inc. regarding the Drive-Through Facilities Design Guidelines, be received; and further,

 

 

 

 

 

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

**note:  the following request was made at the June 22, 2010 Council meeting.

 

            “Council requested the inclusion of background information related to the reasons Markham initiated the Drive-through Facilities Design Guidelines in the final guidelines document.”

 

 

 

14.       THORNHILL INFILL HOUSING BY-LAWS
            (FILE NUMBER 10 118360) (10.0)

            Report  Attachment 

 

The Committee thanked staff for bringing this forward. 

 

The Committee suggested that staff prepare a draft work plan once the members of the Subcommittee are finalized.

 

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

 

1)         That the report entitled “Information Report: Thornhill Infill Housing By-laws (File Number 10 118360)” be received; and,

 

2)         That the Thornhill Subcommittee and Town staff establish a process of consultation with ratepayer representatives and other stakeholders in Thornhill to consider the scope and possible merit of amendments to the Town’s Infill Housing By-laws; and,

 

3)         That the Thornhill Subcommittee report back to the Development Services Committee in the Fall 2010, at which time the Development Services Committee may provide direction regarding next steps, which may include authorizing staff to prepare a draft By-law and schedule a Public Meeting; and further,

 

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

CARRIED

 

 

 

 

 

 

15.       CARLTON ROAD CURVE TRAFFIC
            SAFETY IMPROVEMENT (5.10)

             Report  Appendix A and B  Detailed Drawings C1 - C7  

 

Mr. Brown provided the Committee with a high level summary of the details in the report.

 

Mr. Harry Eaglesham, Unionville Ratepayers Association, addressed the Committee regarding the Carlton Road safety improvements and provided some history.  He is requesting that Committee follow through with implementing their decision.

 

Mr. Dave Gibbons, on behalf of the three Unionville Associations (URA, UVA, UBIA) addressed the Committee with respect to the Carlton Road safety improvements and stated that they agree in principle with what is being proposed.  He believes it is a reasonable compromise.

 

Ms. Tracy MacKinnon, Unionville BIA, addressed the Committee regarding the Carlton Road safety improvements and advised she would like to see something implemented to improve pedestrian safety.

 

The Committee thanked staff and the representatives from the Unionville associations for all their work during this entire process.

 

The Committee suggested that staff look at the area on Carlton Road from Main Street Unionville to Fred Varley where the cars are pushed to the edge and see if that can be reversed so that the cars are directed to the middle.

 

There was discussion regarding the permanent durable pavement markings and that they should be consistent with which side of the road has the markings.

 

There was discussion regarding the unwarranted stop sign and ways to increase the pedestrian safety.  The Committee suggested that the trees by the stop sign be trimmed and that additional signage be installed (eg. be prepared to stop).  

 

Moved by Mayor F. Scarpitti

Seconded by Councillor D. Hamilton

 

1)         That the staff report entitled “Carlton Road and Village Parkway Traffic Calming” be received; and,

 

2)         That Staff be authorized to issue a post bid addendum to the four bidders under Contract 052-T-10 and that the Chief Administrative Officer be authorized to award the Contract to the lowest priced compliant bidder; and,

 

3)         That an allowance of $202,500.00 be approved inclusive of HST, for the proposed traffic calming modifications; and,

 

 

 

4)         That a contingency in the amount of $10,125.00  inclusive of HST, be established to cover any additional construction costs and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,

 

5)         That the total allowance of $212,625.00 be funded from the 2010 Operations Safe Street Capital Accounts # 083-5350-7660-005 in the amount of $115,000.00 and  # 083-5350-8312-005 in the amount of $97,625.00, inclusive of HST; and further,

 

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

CARRIED

 

 

 

16.       INFLOW AND INFILTRATION
            REDUCTION PILOT PROJECT (5.5)

            Report  Attachment A  

 

Mr. Brown summarized the details outlined in the report.

 

There was discussion regarding the Inflow and Infiltration (I/I) reduction that needs to be achieved.

 

The Committee suggested arranging a Workshop to further discuss the proposed I/I Reduction Pilot project and if required that a working group be established.

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

1)      That the report entitled “Inflow and Infiltration Reduction Pilot Project”, be received; and,

 

2)      That Staff be authorized to continue participating in the Regional Inflow and Infiltration Reduction Task Force with the Region of York and other regional municipalities and report back on its recommendations and the requirements of the Town Council resolution to satisfy the conditions of releasing the 2013 servicing allocation; and,

 

3)      That Staff report back as to the outcome of the Inflow and Infiltration Reduction pilot project; and,

 

4)      That the Mayor and the Clerk be authorized to execute agreements to the satisfaction of the Chief Administrative Officer and Town Solicitor with Upper Unionville Inc. and the Region for an Inflow and Infiltration Reduction Pilot Project based on the principles identified in this report; and,

 

 

 

 

5)      That the Region of York be requested to participate in the pilot project; and,

 

6)      That staff arrange a presentation at the September 14, 2010 Development Services Committee meeting and that Region of York staff be invited to provide a presentation; and,

 

7)      That, if required, a Working Group be established; and further,

 

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

CARRIED

 

 

 

 

17.       MARKHAM CENTRE MOBILITY HUB STATION
            AND TRANSIT ALIGNMENTS (5.14)

            Report  Attachment A  Attachment B 

 

The Committee suggested adding Metrolinx to the staff recommendation.

 

Moved by Regional Councillor J. Jones

Seconded by Councillor L. Kanapathi

 

1)         That the report entitled “Markham Centre Mobility Hub Station and Transit Alignments” be received; and,

 

2)         That the Ministry of Transportation, Metrolinx and York Region Rapid Transit Corporation be requested to review and report back to Markham Council on potential alternative Hwy 407 transitway alignment, Viva rapidway route and Mobility Hub station location in Markham Centre, as outlined in the report; and,

 

3)         That the Ministry of Transportation (MTO) York Region Rapid Transit Corporation be advised accordingly; and further,

 

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

CARRIED

 

 

 

 

 

 

 

 

 

18.       THE AWARD OF TENDER # 105-T-10
            CONSTRUCTION OF BIRCHMOUNT ROAD
            PHASE 2, CN RAIL CROSSING TO 14^TH AVENUE (7.12.2)

             Report   Attachment 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

1)         That the June 22, 2010 staff report entitled “The Award of Tender #105-T-10, Construction of Birchmount Road Phase 2, CN Rail Crossing to 14th Avenue” be received; and,

 

2)         That the Tender # 105-T-10, Construction of Birchmount Road Phase 2, CN Rail crossing to 14th Avenue, be awarded to Dagmar Construction Ltd., the lowest bidder, in the amount of $7,926,647.60 inclusive of HST; and,

 

3)         That a contingency amount of $396,332.38 inclusive of HST (5.0% of construction cost) be established to cover any additional construction costs and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit; and,

 

4)         That staff be authorized to retain AECOM Limited as preferred supplier to provide construction inspection, contract administration services, environmental inspection and material testing for the project to an upset limit of $491,486.55 inclusive of HST, in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1)(h); and,

 

5)         That a contingency amount of $49,148.66 inclusive of HST be established to cover any additional construction inspection and 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,

 

6)         That staff be authorized to issue a purchase order to CN Rail as preferred supplier for an amount of $2,655,936.00 inclusive of HST for the cost of work to be carried out by CN Rail to cover the railway diversion, site inspection for the diversion and grade separation construction, engineering review, CN internal administration and the CN flagging operation in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (b); and,

 

7)         That a contingency amount of $265,593.60 inclusive of HST be established to cover any additional work to be carried out by CN Rail and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit; and,

 

8)         That if required, staff be authorized to retain a consultant that will provide assistance in the audit and review of CN charges with an upset limit of $25,000.00 inclusive of HST; and,

 

9)         That the Town upfront the Region of York funding of $1,642,675.59 inclusive of HST for the detailed design, contract administration, utility relocations and construction of the 14th Avenue intersection improvement works at Birchmount Road including contingencies with monthly recoveries from the Region of York; and,

 

10)       That Staff be authorized to issue a Purchase Order to AECOM Ltd. in the amount of $85,000.00 inclusive of HST to cover the detailed design of the 14^th Avenue Intersection Improvements; and,

 

11)       That Staff be authorized to issue Purchase Orders to the various utility companies for the relocation of their existing facilities on 14^th Avenue up to a total of $200,000.00 inclusive of HST to the satisfaction of the Director of Engineering; and,

 

12)       That funding for the project “Birchmount Road – Phase 2 Construction”  be provided from the approved Capital Budget account # 083-5350-8047-005 including any recoveries from the Region of York; and,

 

13)       That the remaining funding of $0.9M for Birchmount Road – Phase 2 Construction account # 83-5350-8047-005 be used for property and easement acquisition and others related to this project; and further,

 

14)       That staff be authorized and directed to do all things necessary to give effect to the above resolutions.

CARRIED

 

 

 

19.       MAIN STREET MARKHAM MUNICIPAL
            CLASS ENVIRONMENTAL ASSESSMENT (5.7)

             Report  Attachment A  Attachment B  Attachments C-E

 

The Committee thanked staff and the Community Advisory Group members for all their work on this project.

 

Councillor Moretti stated concern with the proposed 3 metre multi-use pathway in front of the Markham Museum. 

 

Mr. David Johnson, Ecclestone +VG, addressed the Committee and presented cross section drawings of the area in front of the Markham Museum.  He is requesting that the multi-use pathways in front of the Markham Museum, especially ‘Section B’ only be 2 metres wide.

 

It was suggested that staff together with the Mayor, Councillor Moretti and a representative of the Ecclestone Architect meet with the Chair of the Museum Board to try and resolve the issue related to the width of the multi-use pathway in front of the Museum grounds.

 

 

 

There was discussion with respect to having the design study continue further north (up to Parkway Bullock).

 

Moved by Councillor J. Webster

Seconded by Mayor F. Scarpitti

 

1)         That the report entitled “Main Street Markham Municipal Class Environmental Assessment (EA)”, be received; and,

 

2)         That the preferred alternative for the reconstruction of Main Street Markham from Highway 407 northward to the intersection with the future Donald Cousens Parkway located north of Major MacKenzie Drive as outlined in this report be endorsed; and,

 

3)         That the Engineering Department Staff be authorized to file the Environmental Study Report in accordance with the Class Environmental Assessment Act; and,

 

4)         That subject to EA approval, staff be authorized to proceed with the detailed design of Main Street Markham (Highway 7 to Church Street and 16^th Avenue to the future connection with the Donald Cousens Parkway); and,

 

5)         That during the design stage, outstanding issues as noted in this report and the Environmental Study Report be addressed; and,

 

6)         That the stakeholder Advisory Group mandate be expanded to provide comments on the detailed design; and,

 

7)         That the request to change the multi-use pathway to 2 metres in front of the Markham Museum be reviewed in consultation with the Mayor, Councillor Carolina Moretti, a representative of the Museum Board and staff; and,

 

8)         That the Region of York be requested to expedite the completion of the Donald Cousens Parkway from 2015 to 2013; and further,

 

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

CARRIED

 

 

 

 

 

 

 

 

 

 

 

20.       BOX GROVE COLLECTOR ROAD
            AND TEMPORARY CLOSURE OF 14^TH AVENUE (5.10)

            Report  Attachment 

 

There was discussion regarding the anticipated time period that 14^th Avenue will be closed.

 

Moved by Councillor L. Kanapathi

Seconded by Mayor F. Scarpitti

 

1)         That the report dated June 15, 2010 entitled “Box Grove Collector Road and Temporary Closure of 14^th Avenue” be received; and,

 

2)         That the temporary road closure and diversion option to help facilitate the opening of the Box Grove Collector Road as outlined in this report, as recommended by staff, be endorsed; and,

 

3)         That the Regional Municipality of York be requested to approve the temporary road closure and traffic diversion option; and further,

 

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

CARRIED

 

 

 

21.       DEPUTATION - CONFIDENTIAL ITEM #3
            MINOR VARIANCE – ONTARIO MUNICIPAL BOARD
            (OMB) APPEAL - 34 GUARDSMAN ROAD (8.0, 10.12)

 

Ms. Lori Manserra, Fanlor Contracting Co. Ltd., addressed the Committee regarding the application for a minor variance at 34 Guardsman Road to permit a open storage yard for motor vehicles.  She is requesting that her application be approved.

 

NOTE:  The Development Services Committee did not resolve in-camera and the entire agenda was referred directly to the June 22, 2010 Council meeting.

 

 

 

 

 

 

 

 

 

 

 

 

22.       IN CAMERA ITEM (8.0, 10.12)

 

NOTE:  The Development Services Committee did not resolve in-camera and the entire agenda was referred directly to the June 22, 2010 Council meeting.

 

 

1)   Litigation or potential litigation - Appeals to OMB - Severance and Minor Variance Applications at 10 Hughson Drive and Interim Control By-law (2010-6).

 

2)   Litigation or potential litigation - Minor Variance OMB Appeal - 8261 Woodbine Avenue

 

3)   Litigation or potential litigation - Minor Variance OMB Appeal - 34 Guardsman Road

 

4)   Litigation or potential litigation - Minor Variance OMB Appeal - 17 River Bend Road

 

 

 

23.       SEVEN STAR PLAZA INC.
            OFFICIAL PLAN, ZONING BY-LAW AMENDMENT
            AND SITE PLAN CONTROL APPLICATIONS FOR
            5261 HIGHWAY 7, 5293 HIGHWAY 7 AND 8495 MCCOWAN ROAD
            (OP 08-120413, ZA 08-120455, ZA 03-108688 AND SC 03-108706-001)
            (10.3, 10.5, 10.6)

            Report  Attachment 

 

The Ward Councillor requested that this item be deferred to allow her the opportunity to advise her constituents of the proposal.

 

Moved by Councillor C. Moretti

Seconded by Regional Councillor J. Virgilio

 

1)         That the correspondence from Mr. Paul Chronis be received; and,

 

2)         That the report entitled “Recommendation Report. Seven Star Plaza Inc., Official Plan, Zoning By-law Amendment and Site Plan Control Applications for 5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road,  Files: OP 08-120413, ZA 08-120455, ZA 03-108688 and SC 03-108706-001” be deferred.

CARRIED

 

 

 

 

 

 

 

 

 

24.       DIGRAM DEVELOPMENTS INC.
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            (19TM-09004) AND ZONING BY-LAW AMENDMENT
            EAST OF HIGHWAY 48 AND SOUTH OF
            MAJOR MACKENZIE DRIVE
            GREENSBOROUGH COMMUNITY
            (ZA 09-122311 AND SU 09-122312) (10.7, 10.5)

            Report  Attachment 

 

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

 

1)         That the report dated June 22, 2010 entitled “Recommendation Report, Digram Developments Inc. Applications for Draft Plan of Subdivision (19TM-09004) and Zoning By-law Amendment, East of Highway 48 and south of Major Mackenzie Drive, Greensborough Community. File Numbers: ZA 09-122311 and SU 09-122312” be received; and,

 

2)         That the record of the Public Meeting held on November 3, 2009, regarding the applications for approval of Draft Plan of Subdivision and implementing Zoning By-law be received; and,

 

3)         That the draft plan of subdivision (19TM-09004) submitted by Digram Developments Inc be draft approved subject to the conditions attached as Appendix ‘A’ to this report; and,

 

4)         That the application submitted by Digram Developments Inc to amend Zoning By-laws 304-87 and 177-96, as amended, be approved and the draft by-laws attached as Appendix ‘B’ be finalized and enacted without further notice; and,

 

5)         That servicing allocation for 36 townhouse units (101.52 population) of conditional 2011 allocation be granted to Digram Developments Inc, subject to written confirmation from the Trustee of the Greensborough Developers Group that servicing allocation is available from the total 2011/2012 sewer and water allocation previously granted to the Greensborough Community; and,

 

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

 

7)         That the Mayor and Clerk be authorized to enter into a No Presale Agreement with owners of 19TM-09004 for the remaining 423 units which agreement shall be registered on title, committing the owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the lands until York Region has advised in writing that the expected completion of the Southeast Collector Trunk Sewer project will be within twelve (12) months; and,

 

 

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

 

9)         That the draft plan approval for plan of subdivision 19TM-09004 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; and further,

 

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

CARRIED

 

 

 

25.       1756845 ONTARIO INC.
            APPLICATIONS FOR OFFICIAL PLAN AMENDMENT
            ZONING BY-LAW AMENDMENT, AND SITE PLAN APPROVAL
            TO PERMIT THE CONVERSION OF A DWELLING FOR
            MEDICAL CLINIC AND ACCESSORY USES AT
            7475 MCCOWAN ROAD AND 52 WALFORD ROAD
            ( OP 09-126880, ZA 09-126881, SC 09-126882) (10.3, 10.5, 10.6)

            Report  Attachment 

 

The Committee inquired about the notification provided with respect to this report.  Staff confirmed that individuals that have filed with the Clerk’s Department to be notified about this application were e-mailed and phoned on Friday June 18, 2010.  Staff advised that individuals that did not provide a phone number or e-mail address had a notice delivered to their home on Monday June 21, 2010.  The Committee suggested that notification be provided again when the actual by-laws are placed on a future Council agenda.

 

Mr. Ben Quan, on behalf of the applicant, addressed the Committee requesting that any restrictions related to the size of the building and pharmacy be outlined in the amending zoning by-law and not in the official plan amendment.

 

The Committee discussed whether the walkway should remain open.  The Committee suggested that the walkway have a privacy fence installed on the east side and a chain link fence on the west side.

 

Moved by Regional Councillor G. Landon

Seconded by Mayor F. Scarpitti

 

1)         That the report entitled “RECOMMENDATION REPORT, 1756845 Ontario Inc., Applications for Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit the conversion of a dwelling for medical clinic and accessory uses at 7475 McCowan Road and 52 Walford Road, File Nos. OP 09-126880, ZA 09-126881, SC 09-126882”, dated June 22, 2010 be received; and,

 

 

 

2)         That notification be provided to individuals who have filed with the Clerk’s Department when the By-law is placed on a future Council agenda; and,

 

3)         That the application submitted by 1756845 Ontario Inc. to amend the Official Plan, be approved, and the draft Official Plan amendment attached as Appendix ‘A’, be finalized and enacted without further notice; and,

 

4)         That the application submitted by 1756845 Ontario Inc. to amend Zoning By-law 90-81, as amended, be approved, and the draft by-laws attached as Appendix ‘B’, be finalized and enacted without further notice; and,

 

5)         That the Site Plan Amendment application (SC 09-126882) submitted by 1756845 Ontario Inc. to permit the conversion of a dwelling for medical clinic and accessory uses at 7475 McCowan Road and 52 Walford Road be endorsed in principle, subject to the conditions set out in Appendix ‘C’ to this report; and,

 

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

 

7)         That the walkway remain and be reviewed within a year of the clinic becoming operational; and further;

 

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

CARRIED

 

 

 

26.       AGRICULTURAL LAND PROTECTION AND
            POSSIBLE OPTIONS FOR GROWING THE GREENBELT (10.0)

            Memo

 

There was discussion regarding the agricultural designated lands in the whitebelt area.

 

There was considerable discussion with respect to the Provincial agricultural preserve policies and whether it would be beneficial to have staff report on this.

 

Moved by Mayor F. Scarpitti

Seconded by Councillor E. Shapero

 

1)      That the memo dated June 22, 2010 from the Commissioner of Development Services providing an update with respect to the "Agricultural Land Protection and Possible Options for Growing the Greenbelt, be received; and,

 

 

 

2)      That the staff report entitled “Options Report:  Agricultural Land Protection and Possible Options for Growing the Greenbelt”, dated June 15, 2010, be received; and,

 

3)      That Council resolve not proceed with an application to Growing the Greenbelt at this time; and,

 

4)      That after the preparation of the natural heritage policies and mapping products for the new Official Plan are complete, staff engage the Region of York and Ministry of Municipal Affairs and Housing in discussion of appropriate opportunities and technical justification for Greenbelt expansion to include the Town’s proposed Greenway system lands; and,

 

5)      That staff delineate in further detail, for public and agency input, the Town’s proposed Greenway system for consideration in the new Official Plan and a future potential Greenbelt expansion area; and,

 

6)      That the Town of Markham supports in principle subject to a staff report that public owned valleylands to be part of a future application to expand the Greenbelt; and,

 

7)      That staff bring forward an update “Growing the Greenbelt” report upon completion of the new Official Plan, to further review possible options for Greenbelt expansion in the context of the Town’s updated agricultural and Greenway System policies in preparation for the mandatory Provincial Greenbelt review scheduled for 2015; and,

 

8)      That the report be forwarded to the Minister of Municipal Affairs and Housing and the Region of York for information; and further,  

 

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

CARRIED

**note:  please see the June 22, 2010 Council meeting minutes for the final version of the amended resolution.

 

 

 

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

 

 

 

27.       PATHWAYS, TRAILS, AND CYCLING MASTER PLANS (6.3)

 

Councillor Carolina Moretti inquired how the public will be engaged regarding the 5 year (2010-2015) Implementation Program. 

 

Staff advised that there was an open house held on May 11, 2010.  Staff have prepared a draft Terms of Reference for the first year program that has been circulated to Councillor Moretti, Councillor Webster, Councillor Hamilton and Councillor Kanapathi for their comments.  Staff indicated that they will meet with the Councillors over the summer to discuss the consultation process.

 

 

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at 6:10 PM.