FEBRUARY 16, 2010 - 9:00 a.m. - 12:30 p.m.
MINUTES
DEVELOPMENT SERVICES COMMITTEE
Meeting No. 5
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 B
Report Agenda
9:00 a.m. – Council Chamber
Attendance
|
Councillor A. Chiu
|
J. Livey, Chief Administrative
Officer
J. Baird, Commissioner of
Development Services
A. Taylor, Commissioner of Corporate
Services
A. Brown, Director of Engineering
C. Conrad, Town Solicitor
J. Streisfield, Assistant
Town Solicitor
B. Karumanchery, Senior Development
Manager
V. Shuttleworth, Director of
Planning and Urban Design
S. Heaslip, Senior Project
Coordinator
A. Tari, Committee Clerk
|
The Development Services
Committee convened at 9:04 AM in the Council Chamber with Councillor
J. Webster in the Chair. Deputy Mayor J.
Heath assumed the Chair at 11:40 AM and Councillor J. Webster re-assumed
the Chair at 11:45 AM. Regional
Councillor G. Landon assumed the Chair for Transportation items, No.12.
DISCLOSURE OF PECUNIARY INTEREST
None disclosed.
1. DEVELOPMENT SERVICES COMMITTEE MINUTES
- February 2, 2010, Part B
(10.0)
Minutes
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
That the
minutes of the Development Services Committee meeting, Part B, held
February 2, 2010, be
confirmed.
CARRIED
2. DEVELOPMENT SERVICES PUBLIC MEETING
MINUTES
- February 2, 2010 (10.0)
Minutes
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
That the
minutes of the Development Services Public Meeting, held February 2, 2010, be confirmed.
CARRIED
3. MAIN STREET MARKHAM COMMITTEE MINUTES
- January 20, 2010 (16.39)
Minutes
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
That the minutes of the Main
Street Markham Committee meeting held January 20,
2010, be
received.
CARRIED
4. MARKHAM PUBLIC ART ADVISORY COMMITTEE
MINUTES
- January 13, 2010 (16.34)
Minutes
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
That the minutes of the Markham Public Art Advisory Committee meeting
held
January 13, 2010,
be received;
CARRIED
5. DENISON STREET & MIDDLEFIELD ROAD
PROPOSED PARKING PROHIBITION
(5.12.4)
Report Attachment
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
1) That the staff report entitled “Denison Street &
Middlefield Road Proposed Parking Prohibition”, be
received; and,
2) That
Schedule “C” of Traffic By-law 2005-188, be amended by including both sides
Denison Street from Middlefield Road to point 90 metres west thereof; and,
3) That
Schedule “C” of Traffic By-law 2005-188, be amended by including both sides
Denison Street from Middlefield Road to point 30 metres east thereof; and,
4) That
Schedule “C” of Traffic By-law 2005-188, be amended by including both sides
Middlefield Road from Denison Street to point 80 metres north thereof; and,
5) That
Schedule “C” of Traffic By-law 2005-188, be amended by including both sides
Middlefield Road from Denison Street to point 30 metres south thereof; and,
6) That the Operations
Department be directed to install the appropriate signs at the subject
locations, funded through the Operations Department account # 83-5399-8402-005;
and,
7) That the Operations Department be directed to maintain the signs
at the subject locations; and,
8) That the Parking Control Department be directed to enforce
the parking prohibition upon installation of the signs; and further,
9) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
6. PROPOSED ADULT SCHOOL CROSSING GUARD
SERVICE AT RIVERWALK DRIVE AND
BARTER STREET / REVISION TO
CROSSING GUARD
APPROVAL PROCESS
(3.16)
Report Attachment
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
1) That the staff report entitled “Proposed Adult School Crossing Guard
Service at Riverwalk Drive and Barter Street / Revision to Crossing Guard
Approval Process”, be received; and,
2) That the Operations Department be authorized to establish an
adult school crossing guard service at the intersection of Riverwalk Drive and
Barter Street, at a cost of $4,934.64
per annum, exclusive of GST; and,
3) That the adult school crossing guard
services be funded through the 2010 budget, account # 740-998-5642; and,
4) That the Operations Department be
directed to install the school crossing signs and crosswalk pavement markings, funded
by capital account # 83-5399-8402-005; and,
5) That additional school crossing guard
services be implemented as warranted and approved by the Director of
Operations, with notification provided to the applicable Ward Councillor and
without providing a staff report to Council; and,
6) That a staff memorandum be provided to
the applicable Ward Councillor advising of new location(s); and further,
7) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
7. MORRIS KANSUN (MARKHAM VILLAGE SHOPPES
LIMITED)
SITE PLAN CONTROL APPLICATION
FOR
58-72 MAIN STREET NORTH
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT
(SC 09 111099)
(10.6)
Report Attachment
Mr. John Beresford, Architect, addressed the Committee
and presented renderings of the proposed development at 58-72
Main Street North and provided details with
respect to the sustainable initiatives incorporated into the development. He indicated that the construction is
anticipated to begin in the Spring of 2011.
The Committee complimented Mr. Beresford on the
proposal and thanked him for his cooperation in working with Heritage Staff,
Council, and the members of the Community.
Moved by Councillor J. Webster
Seconded by Councillor C. Moretti
1) That the Development Services Commission Report entitled
“Recommendation Report, Morris Kansun (Markham Village Shoppes Limited) Site
Plan Control Application for 58-72 Main Street North, Markham Village Heritage
Conservation District” dated February 16, 2010 be received; and,
2) That Council has no objection to the demolition of the
existing non-heritage building located at 58-72
Main Street North; and,
3) That the Site Plan Application (SC 09 111099) submitted by
Morris Kansun (Markham Village Shoppes Limited) to construct a new 12, 246 m2 6 storey, 142 residential condominium and
1,221 m2 of retail space fronting Markham Main Street North, be endorsed in
principal, subject to the conditions attached as Appendix ‘C’; and,
4) That site plan approval be delegated to the Director of
Planning and Urban Design, to be issued only when the Director or her designate
has signed the site plan; and,
5) That the development be allocated 142 units (322.3 people)
of servicing allocation from the 152 units (345 people) that was originally
assigned to this project and that 7 units (15.9 people) be returned to the
Town’s Servicing Allocation Reserve; and further,
6) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
8. BEST HOMES CANADA INC.
APPLICATION FOR ZONING BY-LAW
AMENDMENT
TO PERMIT RESIDENTIAL LOTS ON
THE FUTURE
EXTENSION OF HAMMERSLY
BOULEVARD
WISMER COMMONS COMMUNITY
(ZA 08-120818)
(10.5)
Report Attachment
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
1) That the report entitled “Recommendation Report, Best Homes
Canada Inc. Application for Zoning By-law Amendment to permit residential lots
on the future extension of Hammersly Boulevard, Wismer Commons Community, File
Number ZA 08-120818, dated February 16, 2010” be received; and,
2) That the record of the Public Meeting held on October 20,
2009, regarding the applications for approval of Draft Plan of Subdivision and
implementing Zoning By-law be received; and,
3) That the application submitted by Best Homes Canada Inc. to
amend Zoning By-laws 304-87 and 177-96, as amended, as they apply to certain
low density lands fronting Hammersly Boulevard, be approved and the draft
by-laws attached as Appendix ‘A’ be finalized and enacted without further
notice; and,
4) That conditional 2011 servicing allocation for 5 units (15.8
population) be granted from the total allocation assigned to the applicant in
accordance with the May 19, 2009 report on servicing allocation; and further,
5) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
9. APPLICATIONS
BY MONARCH DEVELOPMENTS
CORPORATION - PART OF LOT 22,
CONCESSION 3
WEST SIDE OF WOODBINE AVENUE
NORTH OF
MAJOR MACKENZIE DRIVE FOR:
RED-LINE
REVISIONS TO PHASE I OF
DRAFT PLAN OF SUBDIVISION
19TM-05009
(CATHEDRAL TOWN SOUTH) (FILE
#’S SU 05 011381);
DRAFT PLAN OF
SUBDIVISION APPROVAL AND
REZONING OF PHASE II OF PLAN 19TM-05009
(CATHEDRAL TOWN SOUTH)
(FILE #’S SU 05 011381 001
& ZA 08 112151);
APPLICATIONS BY
KING DAVID DEVELOPMENTS
- PART OF LOT 22 CONCESSION 3, WEST SIDE OF
WOODBINE AVENUE NORTH OF MAJOR
MACKENZIE DRIVE FOR:
RED-LINE REVISIONS TO
DRAFT PLAN OF SUBDIVISION
AND REZONING TO INCORPORATE A PHASE
III INTO THE AREA
OF DRAFT PLAN APPROVAL FOR
PLAN 19TM-05009
(FILE # SU 05 011381 002 (ZONING FILE
TO BE DETERMINED))
((10.7, 10.5)
Report
Attachment
Mr. Jim Baird, Commissioner of Development Services
indicated that the Region of York is continuing to protect lands for the
potential Highway 404 flyover and related road pattern changes, and that the
Town of Markham is on record stating their opposition to the proposed flyover.
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
1) That the report dated February 16, 2010, entitled “Recommendation
Report - Applications by Monarch Developments Corporation - Part of Lot 22
Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive for:
·
Red-line Revisions to
Phase I of Draft Plan of Subdivision 19TM-05009 (Cathedral Town South) (file
#’s SU 05 011381);
·
Draft Plan of Subdivision Approval
and Rezoning of Phase II of plan 19TM-05009
(Cathedral Town South) (file #’s SU 05 011381 001 & ZA 08 112151); and,
Applications by King David Developments - Part of Lot 22
Concession 3, West side of Woodbine
Avenue north of Major
Mackenzie Drive for:
·
Red-line revisions to
Draft Plan of Subdivision and Rezoning to incorporate a Phase III into
the area of Draft Plan Approval for plan 19TM-05009 (file # SU 05 011381 002 (Zoning File
to be determined)).”
be
received; and,
2) That Redline revisions to Phase I of
Draft Plan of Subdivision 19TM-05009 prepared by Design Plan Services,
identified as Project Number 0238-120 dated January 28, 2010, be approved
subject to conditions of draft plan approval set out in Appendix ‘A’ to this
report; and,
3) That the record of the public meeting
held on September 16, 2008, relating to the Phase II applications for Zoning
By-law Amendment and Draft Plan of Subdivision Approval by Monarch Corporation,
located on the west side of Woodbine Avenue, north of Major MacKenzie Drive,
within the West Cathedral Community, be received; and,
4) That Phase II of Draft Plan of
Subdivision 19TM-05009 prepared by Design Plan Services, identified as Project
Number 0238-120 dated January 28, 2010, be approved subject to conditions of
draft plan approval set out in Appendix ‘B’ to this report; and,
5) That the Director of Planning and Urban Design be directed
to issue draft plan approval for the Phase II lands upon:
a. the applicant executing an Indemnity
Agreement with the Region of York pertaining to Regional infrastructure
projects and servicing allocation for Phase II of Draft Plan of Subdivision
19TM-05009; and,
b. the
Owner providing to the Town the required payment of 30% subdivision processing
fees in accordance with the Town’s Fee By-law; and,
6) That servicing allocation for 172 units be granted to Phase
II of plan of subdivision 19TM-05009 and 52 units be reassigned from King David
Developments to Phase III of plan of subdivision 19TM-05009 from the total allocation for the
Cathedral Community, assigned
in accordance with the May 19, 2009 report on servicing allocation; and,
7) That the Town reserves the right to revoke or reallocate the
servicing allocation assigned to Phases II & III should the developments
not proceed in a timely manner; and,
8) That the Region of York be advised of the servicing
allocation for Phases II & III of these developments; and,
9) That the draft amendments to Zoning By-laws 304-87 and
177-96 for the Phase II lands, attached to this report as Appendices C and D,
be finalized and enacted; and,
10) That a Public Meeting be held to consider
the applications by King David Developments for draft plan approval and zoning
By-law amendment to incorporate lands to the north (identified as Phase III)
into the Phase II lands of plan of subdivision 19TM-05009 owned by Monarch
Developments; and further,
11) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
10. TOWN OF MARKHAM COMMENTS ON
THE REGION OF YORK OFFICIAL
PLAN,
AS ADOPTED DECEMBER 16, 2009
(EDITED APPENDIX A: REQUESTED
MODIFICATIONS
TO THE YORK REGION OFFICIAL
PLAN)
(10.17)
Report Attachment
Memo Edited
Appendix A
The Committee inquired about transit service to the
Markham Centre Mobility Hub, and whether there will be appropriate transit (shuttle
buses etc.) available for the traffic coming in. Mr. Alan Brown, Director of Engineering,
advised the Committee that a first draft of the Markham Transportation Master
Plan outlining the required transit is anticipated to be available in the
Spring of 2010.
There was brief discussion regarding the potential of
paid parking at the GO Train locations.
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor J. Jones
1) That this memo entitled “Town of Markham
Comments on the Region of York Official Plan, as
adopted December 16, 2009
(Edited Appendix A : Requested Modifications to the York Region Official Plan)”
dated, February 16, 2010 be
received; and,
2) That Development Services Committee adopt the edited
Appendix A attached; and,
3) That prior to approval, the Ministry of Municipal Affairs be
requested to make the modifications to the Region of York Official Plan, as
discussed in this memorandum and the report dated February 2, 2010 entitled
“Town of Markham Comments on the Region of York Official Plan, as adopted
December 16, 2009” and listed in edited Appendix ‘A’, attached; and,
4) That the Region of York’s Planning and Development Services
Commission – Long Range and Strategic Planning Department be requested to
clarify the additional policy matters identified in this memorandum and the
report dated February 2, 2010 entitled “Town of Markham Comments on the Region
of York Official Plan, as adopted December 16, 2009”; and,
5) That the Ministry and the Region be requested to consult
with the Town of Markham in considering any other proposed modifications or
revisions to the Regional Official Plan that would affect policies or schedules
pertaining to lands in the Town of Markham ; and further,
6) That the Region of York be thanked for the removal of original
asterisks from Map 1 of the Plan, which had conceptually depicted potential
future urban expansion lands in Markham; and further,
7) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
11. ONTARIO
MUNICIPAL BOARD APPEALS
1771107 ONTARIO LIMITED
(“TIMES GROUP”)
SOUTH SIDE OF HIGHWAY 7, EAST
OF WARDEN AVENUE
ZONING AND DRAFT PLAN OF
SUBDIVISION APPLICATIONS
(ZA 07 133350 AND SU 07 133313
)
(10.5, 10.7)
Report Attachment
Mr. Scott Heaslip, Senior Project Coordinator delivered a PowerPoint
presentation providing a history of the applications for the Times Group. The presentation also outlined issues that
have been resolved to staff’s satisfaction and issues which remain under
discussion.
There was brief discussion regarding the employment targets established
in OPA 21 and whether the Town will achieve them.
The Committee inquired how the height and density will be
established. Staff advised that the
zoning by-laws will include very specific unit counts and maximum height
restrictions for each block, but that some flexibility will be built in to the
by-laws.
There was discussion regarding the availability of amenities within
Markham Centre such as Library, Community Centre and park use. Staff advised that the Leisure Master Plan
and OPA 21 Secondary Plans update are currently underway and that a large scale
facility is not anticipated within this area of Markham Centre.
There was considerable discussion with respect to the Section 37 Bonus,
and the need to bring the final recommendation back to Council. Staff advised that they have retained a
consultant to assist them in developing a policy for the application of Section
37 provisions to re-development or intensification area. Staff will speak to the consultant in
developing the staff position regarding the subject lands. Staff also pointed out to the Committee that
Markham Centre is a new development area with significant front end servicing
and infrastructure expenses (Development Charges) unlike a re-development site.
Mr. Ira T. Kagan, Kagan Shastri Barristers and Solicitors addressed the
Committee stating that he is in support of the staff recommendations and
provided some brief opening comments.
Steven Kirshenblatt, Kirkor Architect addressed the Committee and
provided an overview of how the proposal evolved following the June 2009 Public
Meeting.
There was brief discussion regarding the proposed bridge crossing in
the Rouge Valley Corridor. Mr.
Kirshenblatt indicated that the Environmental Assessment has been initiated for
that bridge. The Committee inquired
about the transit availability within Markham Centre. Staff advised that they anticipate achieving
a 50% modal split.
The Committee discussed the architectural designs of the proposed
buildings and whether there is an opportunity to incorporate French Provincial
designs similar to the recent development on the north side of Highway 7 at
Verclaire Gate. Mr. Kirshenblatt
indicated in his opinion, more traditional, locally based architecture and
materials would be a more appropriate fit within the Markham Centre Times
Development.
Mr. Harry Eaglesham, Unionville Ratepayers Association (URA), addressed
the Committee regarding the preliminary report for 1771107 Ontario Limited
(Times Group). He thanked staff for all
the time they have spent listening to the concerns raised to by the URA. Mr. Eaglesham distributed a letter that
contains some comments and recommendations for consideration related
specifically to the Times Group application and Markham Centre in general.
Moved by Councillor D. Hamilton
Seconded by Regional Councillor
G. Landon
That the deputation and submission from Mr. Harry
Eaglesham, Unionville Ratepayers Association, be received.
CARRIED
Moved by Regional
Councillor J. Virgilio
Seconded by Regional
Councillor J. Jones
1) That the report entitled “PRELIMINARY RECOMMENDATION REPORT,
Ontario Municipal Board Appeals, 1771107 Ontario Limited (“Times Group”), South
side of Highway 7, east of Warden Avenue, Zoning and draft plan of subdivision
applications, Planning File Numbers: and
ZA 07 133350 and SU 07 133313” be received; and,
2) That Council endorse applications ZA 07 133350 and SU 07
133313, in principle, as outlined in this report; and,
3) That Council endorse in principle the precinct plan drawing
prepared by Kirkor Architects and Planners, dated January 12, 2010, for the
Centre North District- Precinct 5, but only in relation to the Times Group
lands (as shown on Figure 2 ) together with the densities (residential, retail
and employment) and building heights per development block as outlined in this
report; and,
4) That staff report to Council separately on the status of the
precinct plan as it pertains to the Aryeh Construction Ltd. lands on the east
side of Warden Avenue, south of Highway 7, and on the status of the Aryeh OMB
appeals, prior to commencement of any hearing in connection with those appeals;
and,
5) That staff prepare a zoning by-law and conditions of draft
plan approval for the Times Group lands
based on the recommendations of this report and Council’s endorsement of same,
and provide a status report to Council prior to commencement of the May 4, 2010
OMB hearing for the Times Group appeals; and,
6) That in the event of an appeal by Times Group in connection
with Planning File OP 09 128896, staff work with the applicant on the wording
of an Official Plan Amendment based on the recommendations of this report; and,
7) That staff be authorized to enter into negotiations with the
Times Group regarding a Section 37 contribution, to form the basis of a draft
Section 37 Agreement to be brought back to Council for consideration; and,
8) That staff continue settlement discussions with Times Group
and all other parties having an interest in the Times Group appeals with a view
to resolving any outstanding issues, and if necessary, seek mediation before
the OMB; and,
9) That the Town Solicitor and staff attend the OMB hearing
concerning the Times Group appeals scheduled to commence on May 4, 2010; and further,
10) That staff be authorized to do all things
necessary to give effect to these resolutions.
CARRIED
12. REVISION
TO BY-LAW 2005-104
- A BY-LAW TO PROHIBIT THE USE
OF LAND OR THE ERECTION OF BUILDINGS
UNLESS MUNICIPAL SERVICES ARE
AVAILABLE
(5.0)
Report Attachment
Mr. Brown advised that the key purpose of this
revision is to permit developers the ability to proceed with the construction
of underground parking prior to the delivery of municipal services.
Moved by Councillor L. Kanapathi
Seconded by Regional Councillor J. Jones
1) That the report entitled “ Revision to By-law 2005-104 – A
By-law to Prohibit the Use of Land or the Erection of Buildings unless
Municipal Services are Available”, be received; and,
2) That staff be directed to hold a statutory public meeting in
the Spring of 2010 regarding the amendments; and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
13. GROWTH MANAGEMENT STRATEGY
PUBLIC INFORMATION MEETING
FEBRUARY 16, 2010 (10.0)
Councillors Burke and Shapero stated some concerns with
the time allocated for the portion related to the proposed foodbelt in the
staff presentation to be presented at the February 16, 2010 Public Information
Meeting.
Staff advised the Committee that they met with
Councillor Burke to ensure the critical points were included. Staff also noted that the entire presentation
has been condensed to ensure that it is delivered within the allocated time (to
allow sufficient time to listen to the deputations). Staff emphasized that they have incorporated
the information related to the foodbelt in the presentation to be delivered in
a neutral, factual and unbiased manner.
14. IN-CAMERA MATTER (8.0)
Moved by Regional Councillor J.
Virgilio
Seconded by Councillor C. Moretti
That the Committee consent to
introduce a new item for in-camera discussion dealing with potential land
acquisition.
CARRIED
Moved by Councillor C. Moretti
Seconded by Regional Councillor G. Landon
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
(11:48
AM):
1) Litigation or potential litigation -
Land Acquisitions for South Unionville
Avenue
Status of Negotiated Settlements
CARRIED
Moved by Councillor C. Moretti
Seconded by Regional Councillor G. Landon
That the Committee rise from the in-camera session (1:05 PM)
CARRIED
ADJOURNMENT
The Development Services
Committee meeting adjourned at 1:55 PM.
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