Development Services Committee Minutes
September 25, 2017,
9:00 AM to 3:00 PM
Council Chamber
All
Members of Council
Attendance
Councillor Alex Chiu
|
Andy Taylor, Chief Administrative
Officer
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner of
Corporate Services
Brenda Librecz, Commissioner of
Community & Fire Services
Chris Alexander, Acting Manager,
By-law Enforcement and Regulatory Services
Ron Blake, Senior Development
Manager
Rick Cefaratti, Planner II
Stephen Chait, Director of Economic
Growth, Culture & Entrepreneurship
Catherine Conrad, City Solicitor and
Acting Director of Human
Resources
Geoff Day, Senior Planner, Zoning
& Special Projects
Lilli Duoba, Manager, Natural Heritage
Catherine Jay, Manager, Growth
Management and Secondary Plans
Biju Karumanchery, Director of
Planning and Urban Design
Stephen Kitagawa, Senior Planner, Growth Management and Secondary Plans
Eric
Lariviere, Manager, Theatre
Brian Lee, Director of Engineering
Dave Miller, Manager, West District
Lisa Riegel, Assistant City
Solicitor
Bradley Roberts, Supervisor, Zoning
Sandra Tam, Senior Business Development
Officer
Patrick Wong, Planner II,
Natural Heritage
Marg Wouters, Senior Manager, Policy
& Research
Kitty Bavington, Council/Committee Coordinator
|
The Development Services
Committee convened at the hour of 9:05 a.m. in the Council Chamber with Regional
Councillor Jim Jones in the Chair. Councillor Don Hamilton assumed the Chair at
3:22 p.m. Councillor Alex Chiu assumed the Chair for Economic Growth, Culture &
Entrepreneurship items, Nos. 10, 11, and 12.
The Committee recessed
from 10:30 am to 10:38 am, and from 1:47 pm to 2:23 pm.
DISCLOSURE OF PECUNIARY INTEREST
-
None Declared
The Committee recognized Jim Baird, Commissioner of Development
Services, on the occasion of his retirement after 37 years with the City of
Markham. Mayor Frank Scarpitti, Regional Councillor Jim Jones, Chair of
Development Services, and Deputy Mayor Jack Heath, expressed appreciation for his
dedicated service and leadership. Commissioner Baird conveyed his sincere gratitude
for the recognition from Council and staff.
1. DEVELOPMENT SERVICES COMMITTEE MINUTES
- September 11, 2017 (10.0)
Minutes
Moved by: Mayor Frank Scarpitti
Seconded by: Councillor Alex Chiu
That the
minutes of the Development Services Committee meeting held September 11, 2017,
be confirmed.
CARRIED
2. HERITAGE MARKHAM COMMITTEE MINUTES
- September 13, 2017 (16.11)
Minutes
The Committee noted an error
in the name of the school identified for the visiting students. This will be
corrected at the Committee level.
Moved by: Deputy Mayor Jack
Heath
Seconded by: Councillor Logan
Kanapathi
That the minutes of the
Heritage Markham Committee meeting held September 13, 2017, be received for
information purposes.
CARRIED
3. PUBLIC ART ADVISORY COMMITTEE MINUTES
- June 7, 2017 (16.0)
Minutes
Moved by: Deputy Mayor Jack
Heath
Seconded by: Councillor Logan
Kanapathi
That the minutes of the Public
Art Advisory Committee meeting held June 7, 2017, be received for information
purposes.
CARRIED
4. VARLEY-MCKAY ART FOUNDATION
OF MARKHAM MINUTES
- June 12, 2017 (16.0)
Minutes
Moved by: Deputy Mayor Jack
Heath
Seconded by: Councillor Logan
Kanapathi
That the minutes of the
Varley-McKay Art Foundation of Markham meeting held June 12, 2017, be received
for information purposes.
CARRIED
5. CYCLING AND PEDESTRIAN ADVISORY
COMMITTEE (CPAC) MINUTES
-June 15, 2017 (16.34)
Minutes
Moved by: Deputy Mayor Jack
Heath
Seconded by: Councillor Logan
Kanapathi
That the minutes of the Cycling and Pedestrian
Advisory Committee (CPAC) meeting held
June 15, 2017, be received for information purposes.
CARRIED
6. INFORMATION REPORT
UPDATE ON PHASE 3A OF
MARKHAM’S NEW COMPREHENSIVE
ZONING BY-LAW PROJECT –
ROOMING HOUSES
AND SHORT-TERM ACCOMMODATIONS
FILE NO. PR 13 128340 (10.5)
Presentation Report
Jim Baird, Commissioner of Development Services,
introduced this item and advised that this matter will be subject to a Statutory
Public Meeting on October 3, 2017.
John Gladki of Gladki Planning Associates gave
a presentation to provide an overview of the project and a
preview of the presentation to the public on this matter, outlining the process to date for Secondary
Suites, Rooming Houses, and Short Term Accommodations (Phase 3A of the
Comprehensive Zoning By-law project), the findings, and recommendations.
Geoff Pyne, representing the Unionville Residents
Association, stated the Association’s position of general support, and outlined
recommendations for restrictions and regulations for rooming houses and
short-term accommodations.
The Committee had lengthy discussions regarding licensing,
monitoring, inspection, and enforcement implications; clarifying the definitions
for rooming houses, dwelling units, and bed and breakfasts; and, ensuring
rooming houses are adequately served by public transit.
Moved by: Councillor Alex Chiu
Seconded by: Councillor Amanda Collucci
1)
That the
deputation by Geoff Pyne of the Unionville Residents Association, regarding
Phase 3A of Markham’s New Comprehensive Zoning By-law Project be received; and,
2) That the report dated September 25,
2017 entitled, “information REPORT:
Update on Phase 3A of Markham’s New Comprehensive Zoning Bylaw Project –
Rooming Houses and Short-Term Accommodations – File No. PR 13 128340” and
associated presentation be received as background information to the Public
Meeting scheduled for October 3, 2017.
CARRIED
7. CONCEPTUAL
MASTER PLAN FOR THE
FUTURE URBAN AREA – COMMUNITY
STRUCTURE PLAN
AND KEY POLICY DIRECTION (10.0)
Report Appendix
A Sept.
11 DSC Presentation
On September 11, 2017, Development Services Committee deferred the
above subject matter to the meeting this date. The Committee required more time
to review the report, and requested information regarding how the Community
Structure Plan relates to the Angus Glen Golf Course, and the conceptual
alignment of Donald Cousens Parkway extension.
Catherine Jay, Manager, Growth Management and Secondary Plans, gave a
brief presentation to provide update information and clarification requested
from the September 11 meeting. The Transportation Consultant was in attendance
to address questions regarding the road and transit network and Donald Cousens
Parkway extension. The Committee expressed concern for the road ecology and the
effectiveness of the transit solutions.
The Committee referred to a land owner request for
mapping corrections, and staff are pursuing these matters.
Moved by: Regional Councillor Jim Jones
Seconded by: Councillor Amanda Collucci
1)
That
correspondence from Catherine Lyons of Goodmans, regarding the Conceptual
Master Plan for the Future Urban Area, be received and,
2) That the report dated September 11, 2017 entitled “Conceptual
Master Plan for the Future Urban Area – Community Structure Plan and Key Policy
Direction” and staff presentation be received; and,
3) That the Conceptual Master Plan for the Future Urban Area,
attached as Appendix ‘A’ to the report dated September 11, 2017 entitled “Conceptual
Master Plan for the Future Urban Area – Community Structure Plan and Key Policy
Direction”, be endorsed as the basis for the review and approval of statutory secondary
plans for the Future Urban Area lands; with the exception of the
core linkage section (proposed ecological corridor), until such time as a
workshop is held and a resolution is achieved on this issue; and
further,
4) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
8. RECOMMENDATION REPORT
14TH AVENUE
INVESTMENTS INC.
C/O BARRON PLANNING CONSULTING
ZONING BY-LAW AMENDMENT TO
PERMIT
A 1 STOREY INDUSTRIAL BUILDING
AT 2875 14TH
AVENUE, SOUTH SIDE OF 14TH AVENUE
BETWEEN WOODBINE AVENUE AND
HIGHWAY 404 (WARD 8) (10.5)
Report
Jim Baird, Commissioner of Development Services,
introduced this matter and provided background information. Reference was made
to correspondence received from Paul W. McGuigan regarding sanitary servicing
of property at 7604-7620 Woodbine Avenue, and it was confirmed that the City
does not have the authority to impose conditions on this application to
accommodate private servicing matters.
Paul W. McGuigan of BRL Realty Limited, representing
the property owner at 7604-7620 Woodbine Avenue, discussed servicing issues
related to development of the subject property that may impact his client’s
property, and requested that avenues of resolution to this matter remain open.
Mr. McGuigan will contact City Engineering staff in this regard.
Adrian Frank of Devine Park LLP, representing the
applicant, noted that City staff and other property owners support the
proposal, and requested that this matter move forward.
The Committee noted stormwater management issues, and received
confirmation that public notice has been provided.
Moved by: Councillor Alex Chiu
Seconded by: Councillor Logan Kanapathi
1)
That
correspondence from Paul W. McGuigan of BRL Realty Limited, regarding the application by 14th Avenue
Investments Inc., be received; and,
2)
That the
deputations by Paul W. McGuigan of BRL Realty Limited, representing the
property owner at 7604-7620 Woodbine Avenue, and Adrian Frank of Devine Park
LLP, representing the applicant regarding the
application by 14th Avenue Investments Inc., be received; and,
3) That the report titled “RECOMMENDATION REPORT, 14th
Avenue Investments Inc., C/O Barron Planning Consulting, Zoning By-law
Amendment to permit a 1 storey industrial building at 2875 14th
Avenue, south side of 14th Avenue between Woodbine Avenue and
Highway 404 (Ward 8), File No. ZA 17 149540”, be received; and,
4) That the application by 14th Avenue Investments
Inc., to amend Zoning By-laws 28-82 and 2284-68, as amended, attached as
Appendix ‘A‘, be forwarded to Council for approval and enacted without further
notice; and further,
5) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
9. COMMENTS ON PROPOSED
REGIONAL NATURAL HERITAGE
SYSTEM
FOR THE GREATER GOLDEN
HORSESHOE
AND IMPLEMENTATION PROCEDURES
FOR THE
AGRICULTURAL SYSTEM IN ONTARIO’S
GREATER GOLDEN HORSESHOE (10.0)
Report
Lilli Duoba, Manager, Natural Heritage, gave a brief presentation, explaining
that the City has
been requested to comment on mapping changes related to the Regional Natural
Heritage System, and outlining staff’s recommended comments in response. The
Committee noted consistent mapping conflicts and directed staff to work with
the Region in this regard.
Moved by: Councillor Alex Chiu
Seconded by: Deputy Mayor Jack
Heath
1) That the staff report entitled “Comments
on Proposed Regional Natural Heritage System for the Greater Golden Horseshoe and
Implementation Procedures for the Agricultural System in Ontario’s Greater
Golden Horseshoe” dated September 25, 2017, be received; and,
2) That this staff report and Council resolution be forwarded
to the Ministry of Natural Resources and Forestry (MNRF), Ontario Ministry of
Agricultural, Food and Rural Affairs (OMAFRA) and Region of York as Council’s
comments on EBR registry postings 013-1014 and 013-0968; and further,
3) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
10. DONATION OF SCULPTURE OF ‘CHARITY’
BY ROMANDALE FARMS LIMITED –
STATUS UPDATE
(PUBLIC ART TITLED “CHARITY”
ON CRESCENT PARK) (6.0)
Memo Attachment
This matter was referred from the August 10, 2017 Special Council
meeting to allow Members of Council to
meet with the donor of the art "Charity" and report back to the
Development Services Committee meeting this date. The Committee received a Memorandum
dated September 19, 2017 from the Director, Economic Growth, Culture &
Entrepreneurship, providing an update on the “Artwork Donation Agreement”,
status of the installation of the sculpture, and a brief chronology of the
process to date.
Stephen Chait, Director,
Economic Growth, Culture & Entrepreneurship, gave a brief presentation to
provide background and update information. Photos of the incomplete sculpture
were displayed, indicating that the base and landscaping are still to be finished.
Mr. Chait reviewed the lengthy chronology of events relating to the acceptance
of the sculpture, and confirmed that the donor has not received any credit
towards public art dedication as this was a voluntary donation.
The discussions by the Public
Art Advisory Committee were noted; however, the City's Public Art Policy only
requires an evaluation by the Varley Art Acquisition Committee. Although public
consultation was suggested during the evaluation process, it is not a
requirement or a City practice, as art appreciation is subjective and best practices
rely on experts to make a recommendation to Council. The rational for the
height of the stilts – the finished height is 25 feet – is for safety,
vandalism, and sightline reasons, and for the artist's vision.
Raymond Chan, resident on
Charity Crescent, questioned the process but appreciated Council's response to residents'
concerns. Mr. Chan stated that the statue is in the wrong location and is very
disruptive to his family with respect to increased traffic and enjoyment of the
park.
Vic Lam, resident on Crescent
Park Lane, displayed photos of the statue installed in close proximity to his
house and prominently visible through the widows, creating a disturbing
situation at night time for his children. Mr. Lam also displayed similar chrome
art in Chicago, which also attracts tourists, vendors and traffic, in a more prominent
downtown setting. Mr. Lam suggested that the sharp edges on the wreath may be
struck by balls and other objects being thrown in the park, and may eventually
fall off, creating a hazard.
The Committee noted that
staff have been directed to review safety issues.
Joanna So, resident on
Charity Crescent, had a concern with the lack of public consultation, and
advised of a petition that has been circulated to have the sculpture removed.
Ms. So displayed photos of the statue and discussed the increased tourist
traffic. Ms. So referred to the owner’s statement regarding the importance of
Charity, and asked about the importance of the impacts to the residents.
Danny Da Silva, resident
on Charity Crescent, displayed photos of the sculpture through residents’
windows, obstructing their view and hindering their ability to enjoy their
homes and parkland. Mr. Da Silva proposed that since the donor has indicated
that relocation is not an option, that the City finalize acceptance, and form a
committee of residents and Council to determine an appropriate site for
relocation, with community fundraising to help offset costs.
Robert Mok spoke of City
processes and referred to the discussions at the Public Art Advisory Committee,
as well as safety and liability issues, potential expense to taxpayers for
removal, and credits gained by the owner.
Staff advised that the donor
will not receive any tax receipt or credit, and explained the distinct roles and
mandates of the Public Art Advisory Committee (to advise about commissioning
art) and the Varley Art Acquisition Committee (to advise about art donations).
Teresa Zhang, resident of
Charity Crescent, stated that although she considers it is a lovely sculpture, it
is not in the right location, and the residents should have been consulted. Ms.
Zhang expressed concern that this may set a precedent for other inappropriate
donations in the future. It was also noted that the material is highly
reflective.
Stephen Ng, resident of Crescent
Park Lane, stated his frustration at having the sculpture 10 metres from his
door, 15 feet to his property line. He displayed photos of the view of the sculpture
from his window.
Staff advised that that
art is measured at 61 feet to nearest building face.
The Committee agreed to
move this item forward in the agenda, following the deputations. Lengthy
discussions ensued with the following highlights:
- the donor who is also
the developer has demonstrated a commitment to the community in the past
- art is subjective
- public consultation
practices
- the Public Art Policy
should be reviewed
- safety and traffic
issues, proximity to houses, enjoyment of the park by the residents
- reducing the height is
not feasible for safety and copyright reasons
- an option for the donor
to voluntary agree to move it to an agreeable site
- an alternate location
within Cathedraltown would be preferable
- instead of the donor
spending more to complete the installation, negotiate the relocation now
- costs of relocating the
sculpture should not be borne by all Markham taxpayers
The Committee received
clarification on legal options and ownership status. It was suggested that the
sculpture be removed now, as relocation may take several months; however, the
Committee had a concern for potential damage to the art, and the residents
indicated that they were willing to wait if a solution was forthcoming.
Moved by: Councillor Alan
Ho
Seconded by: Councillor
Karen Rea
1)
That the
deputations from Raymond Chan, Vic Lam, Joanna So, Danny Da Silva, Robert Mok,
Teresa Zhang, and Stephen Ng, regarding public art titled “Charity” on Crescent
Park Lane be received; and,
2)** That the “Charity” sculpture be removed
from its current location, upon Final Acceptance and receipt of ownership of
the sculpture by the City, or as otherwise agreed with the Donor; and,
3) That
the sculpture remain on site until a suitable location is found; and,
4) That
staff report back on an alternate location for the sculpture by the end of
2017; and further,
5) That
staff contact the donor to confirm their intentions by the October 17, 2017
Council meeting.
** Amended by Council on
October 17, 2017 to replace Clause 2 as follows:
“That the “Charity”
sculpture be removed from its current location, upon Final Acceptance (in accordance with the terms of the agreement) and receipt
of ownership of the sculpture by the City, or as otherwise agreed with the
Donor; and,”
11. FLATO MARKHAM THEATRE
STRATEGIC PLAN 2017-2021 (6.2)
Presentation Report Appendix
A Appendix
B Appendix
C
Eric Lariviere, Manager,
Theatre, introduced the Flato Markham Theatre Strategic Plan 2017-2021.
Martin Van Zon and Brian McCurdy from Interkom, and Stephen Timms and
Aleem Israel from Flato Markham Theatre Advisory Board, gave a presentation
outlining the Theatre Report Card; the competitive
landscape and vision; and
brand identity.
Key Strategic
Plan goals and objectives were identified as: exploring the feasibility of developing a new theatre complex; creating an industry leading program and
organization that champions the diversity and innovation of Markham; and, building
a sustainable infrastructure.
Funding, future infrastructure, potential
partnerships, competition, and branding issues were discussed at length, as
well as the feasibility of developing a new theatre, and the potential to attract
more audiences/shows/rentals to facilities within Markham. Staff advised that a
future report on this issue will address the questions raised. A memo will be
provided at Council on October 17, 2017, to clarify matters discussed.
Moved by: Deputy Jack Heath
Seconded by: Councillor
Valerie Burke
1) That the report and presentation titled Flato Markham
Theatre Strategic Plan 2017-2021 be received and approved in principle;
and,
2) That the new brand identity/logo design be received and that staff report back with information and options;
and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to these resolutions.
CARRIED
12. MARKHAM ECONOMIC ALLIANCE
AND TWINNING POLICY (10.16)
Report
That this matter and the
following resolution be deferred to the next Development Services Committee
meeting:
1) That the report dated September 25, 2017
entitled “Markham Economic Alliance and Twinning Policy” be received and
endorsed; and,
2) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
13. NEW
BUSINESS
CORRESPONDENCE - REGIONAL
CHAIR (13.4)
Regional Councillor Jim Jones introduced correspondence from Regional
Chair Emmerson, regarding a Notice of Motion for election of the Regional
Chair. This matter was referred to Council on September 26, 2017 for discussion
prior to the Regional Council meeting on October 19, 2017.
Moved by: Regional Councillor Jim Jones
Seconded by: Regional Councillor Nirmala Armstrong
**That correspondence from Regional Chair Emmerson, regarding a Notice
of Motion for election of the Regional Chair be referred to Council on
September 26, 2017.
** On September 26, 2017, Council referred this matter to the General
Committee meeting of October 2, 2017.
14. NEW
BUSINESS
RAVINE POLICY (6.0)
Deputy Mayor Jack Heath advised that the City of Toronto has tabled a
draft document on ravine policy, and he has provided staff with a copy, for
future consideration.
15. CONFIDENTIAL
ITEMS
Moved by: Councillor Alex
Chiu
Seconded by: Regional
Councillor Nirmala Armstrong
That, in accordance with Section 239 (2) of the Municipal
Act, Development Services Committee resolve into a confidential session at
9:24 a.m. to discuss the following matters:
(1) DEVELOPMENT SERVICES
COMMITTEE CONFIDENTIAL MINUTES
- September 11, 2017 (date)
(10.0)
[Section 239 (2) (f)
(f)]
(2) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD – NATURAL HERITAGE
NETWORK CORE LINKAGE ENHANCEMENT LANDS (10.0)
[Section 239 (2) (c)]
(3) ADVICE THAT IS SUBJECT TO
SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE
– PUBLIC ART DONATION (WARD 6) (6.0)
[Section 239 (2) (f)]
(4) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD – MINOR VARIANCE APPEAL - 1895881 ONTARIO CORP., 20 BUR OAK
AVENUE (WARD 6) (8.0)
[Section 239 (2) (e)]
CARRIED
Moved by: Deputy Mayor Jack Heath
Seconded by: Councillor Alex Chiu
That Development Services Committee rise from Confidential session and
report at 10:30 a.m.
CARRIED
(1) DEVELOPMENT SERVICES
COMMITTEE CONFIDENTIAL MINUTES
- September 11, 2017 (date)
(10.0)
[Section 239 (2) (f)
(f)]
The minutes were confirmed.
(2) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD – NATURAL HERITAGE
NETWORK CORE LINKAGE ENHANCEMENT LANDS (10.0)
[Section 239 (2) (c)]
This matter was referred to the next Development Services Committee
meeting.
(3) ADVICE THAT IS SUBJECT TO
SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE
– PUBLIC ART DONATION (WARD 6) (6.0)
[Section 239 (2) (f)]
Information was received.
(4) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD – MINOR VARIANCE APPEAL - 1895881 ONTARIO CORP., 20 BUR OAK AVENUE
(WARD 6) (8.0)
[Section 239 (2) (e)]
This matter was referred to the next Development Services Committee
meeting.
ADJOURNMENT
The Development Services
Committee meeting adjourned at 5:32 PM.
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