DEVELOPMENT SERVICES COMMITTEE MINUTES
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DEVELOPMENT SERVICES COMMITTEE MINUTES

DECEMBER 3, 2013, 9:00 a.m. to 3:00 p.m.

Council Chamber

Meeting No. 18

All Members of Council

Development Services                                               Economic Development

Chair:                      Regional Councillor Jim Jones                                Chair:                      Councillor Carolina Moretti

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

                                                                                                                Transportation Issues

                                                                                                                Chair:                      Regional Councillor Gord Landon

                                                                                                                Vice-Chair:              Councillor Alan Ho

 

Attendance

Mayor Frank Scarpitti

Deputy Mayor Jack Heath

Regional Councillor Jim Jones

Regional Councillor Gord Landon

Regional Councillor Joe Li

Councillor Valerie Burke

Councillor Howard Shore

Councillor Don Hamilton

Councillor Carolina Moretti

Councillor Colin Campbell

Councillor Alan Ho

Councillor Logan Kanapathi

Councillor Alex Chiu

 

 

 

Andy Taylor, Chief Administrative Officer

Jim Baird, Commissioner of Development Services

Trinela Cane, Commissioner of Corporate Services

Brenda Librecz, Commissioner of Community & Fire

            Services

Murray Boyce, Senior Policy Coordinator

Alan Brown, Director of Engineering

Stephen Chait, Director, Economic Development

Catherine Conrad, City Solicitor

Stephen Corr, Planner II

George Duncan, Senior Heritage Planner

Lilli Duoba, Manager, Natural Heritage

Michael Fry, Planner

Regan Hutcheson, Manager, Heritage Planning

Biju Karumanchery, Senior Development Manager

Richard Kendall, Manager, Central District

Brian Lee, Senior Manager, Special Projects

Dave Miller, Manager, East District

Rino Mostacci, Director of Planning and Urban Design

Elizabeth Silva-Stewart, Senior Planner

Marg Wouters, Senior Manager, Policy & Research

Kitty Bavington, Council/Committee Coordinator

 

 

The Development Services Committee convened at the hour of 9:12 a.m. in the Council Chamber with Regional Councillor Jim Jones in the Chair. Regional Councillor Gord Landon assumed the Chair for Transportation item No. 13.

 

The Committee recessed from 10:12 a.m. to 10:41 a.m. to convene a Development Services  Public Meeting. The Committee also recessed from 12:35 p.m. to 1:15 p.m.

 

 

DISCLOSURE OF PECUNIARY INTEREST – None declared

1.         PRESENTATION OF SERVICE AWARDS (12.2.6)

 

CITY OF MARKHAM STAFF:

 

Debbie Watson, Administrative Clerk, Markham Theatre, Culture, 40 years

Christopher Bird, Manager Plans Review , Building Standards, 30 years

Gordon Landon, Regional Councillor, Mayor & Council, 30 years

Wayne Morrison, Firefighter, Fire & Emergency Services, 30 years

Katrina Sochacka, Architectural Plans Examiner II, Building Standards, 30 years

Philip Alexander, Deputy Fire Chief, Fire & Emergency Services, 25 years

Daniel Campitelli, Captain, Fire & Emergency Services, 25 years

Frederick Cockburn, Captain, Fire & Emergency Services, 25 years

David Creighton, Captain, Fire & Emergency Services, 25 years

David Decker, Deputy Fire Chief, Fire & Emergency Services, 25 years

Neil Magee, Captain, Fire & Emergency Services, 25 years

Kevin McGuckin, Team Lead South, Recreation Services, 25 years

Donna Mok, Asset Utilities Administration Clerk, Asset Management, 25 years

Ira Davis, Document Control Clerk, Building Standards, 25 years

Stacy Larkin, Agreement/Administration Clerk, Legal Services, Legal Services, 20 years

Andrew Popov, IMS Analyst, Environmental Services, 20 years

Sara Tam, Manager, Business Planning & Innovation, Community & Fire Services         Commissioner's Office, 20 years

Joel Lustig, Treasurer, Financial Services, 15 years

Ian Robertson, Arborist, Operations, 10 years

Evon Wisdom, Help Desk Support Specialist, Information Technology Services, 10 years

Harmeet Bhatia, Provincial Offences Officer I, Legislative Services, 5 years

Luke Colangelo, Waterworks Operator, Environmental Services, 5 years

Michael Kourtsidis, Provincial Offences Officer II, Legislative Services, 5 years

Audrey Basham, Engineering Technologist - Transportation, Operations, 3 years

Morteza Behrooz, Parks Development Coordinator, Planning & Urban Design, 3 years

Michael Benincasa, Operations Labourer/Driver, Operations, 3 years

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

Colin Campbell, Councillor Ward 5, Mayor & Council, 3 years

Stephanie Edwards, Provincial Offences Officer I, Legislative Services, 3 years

Simei Fei, Compliance Engineer, Environmental Services, 3 years

Anik Glaude, Curator and Program Co-ordinator, Culture, 3 years

Carlie Gowan-Turpin, Legislative Coordinator, Legislative Services, 3 years

Alan Ho, Councillor Ward 6, Mayor & Council, 3 years

Michael Lafete, Engineering Technologist/Inspector, Engineering, 3 years

Joe Li, Regional Councillor, Mayor & Council, 3 years

Calvin Northover, Truck Driver, Operations, 3 years

Jason Ramsaran, Handyperson, Asset Management, 3 years

Howard Shore, Councillor Ward 2, Mayor & Council, 3 years

Frank Scarpitti, Mayor, Mayor & Council, 25 years

 

 

 

2.         DEVELOPMENT SERVICES COMMITTEE MINUTES
            - November 19, 2013 (10.0)

            Minutes

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

That the minutes of the Development Services Committee meeting held November 19, 2013, be confirmed.

CARRIED

 

 

3.         HERITAGE MARKHAM COMMITTEE MINUTES
            - November 13, 2013 (16.11)

            Minutes

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

That the minutes of the Heritage Markham Committee meeting held November 13, 2013, be received for information purposes.

CARRIED

 

 

4.         MAIN STREET MARKHAM COMMITTEE MINUTES
            - September 18, 2013
            - October 16, 2013 (16.34)

            Sept. 18  Oct. 16

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

1)         That the minutes of the Main Street Markham Committee meetings held September 18 and October 16, 2013, be received for information purposes: and,

 

2)         That the following recommendation from the October 16, 2013 minutes be endorsed:

 

"That the Main Street Markham Committee would like to maintain the current membership of the Main Street Markham Committee until the end of the current Council term to ensure continuity of the current work being undertaken on the street but would also welcome the addition of new members to increase the expertise on the Committee and contribution to the vision for the street."

CARRIED

 

 

 

 

5.         AGRICULTURAL ADVISORY
            COMMITTEE MINUTES
            - October 10, 2013 (16.34)

            Minutes

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

That the minutes of the Agricultural Advisory Committee meeting held October 10, 2013, be received for information purposes.

CARRIED

 

 

 

6.         ACCEPTANCE FOR MAINTENANCE
            OF PLANS OF SUBDIVISION
            REGISTERED PLAN NUMBERS 65M-4195
            65M-4196, 65M-4007, 65M-3809, 65R-27886
            65M-3057, 65M-4066, 65M-3969, 65M-4263
             65M-3807, 65M-4219, 65M-4256, 65R-32390
            PARTS 1 TO 5, 65M-4215, AND 65M-4217 (10.7)

            Report

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

1)         That the report entitled “Acceptance for Maintenance of Plans of Subdivision” Registered Plan Numbers 65M-4195, 65M-4196, 65M-4007, 65M-3809, 65R-27886, 65M-3057, 65M-4066, 65M-3969, 65M-4263, 65M-3807, 65M-4219, 65M-4256, 65R-32390 Parts 1 to 5, 65M-4215, and 65M-4217 be received; and,

 

2)         That the municipal services in Subdivision Registered Plan numbers 65M-4195, 65M-4196, 65M-4007, 65M-3809, 65R-27886, 65M-3057, 65M-4066, 65M-3969, 65M-4263, 65M-3807, 65M-4219, 65M-4256, 65R-32390 Parts 1 to 5, 65M-4215, and 65M-4217 be Accepted for Maintenance; and,

 

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

 

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

 

5)         That the Acceptance for Maintenance Period commence September 1, 2013; and,

 

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

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

 

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

 

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

 

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

 

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

 

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

CARRIED

 

 

7.         KING DAVID INC.
            10340, 10350 AND 10370 WOODBINE AVENUE
            CATHEDRAL COMMUNITY
            NORTH OF MAJOR MACKENZIE DRIVE, WEST OF WOODBINE AVENUE
            APPLICATIONS FOR OFFICIAL PLAN/SECONDARY PLAN AND ZONING           BY-LAW AMENDMENTS AND DRAFT PLAN OF SUBDIVISION
            FILE NO.: OP/ZA/SU 13 109102
            (10.3, 10.5 AND 10.7)

            Report

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

1)         That the report dated December 3, 2013 and entitled “PRELIMINARY REPORT, King David Inc., 10340, 10350 and 10370 Woodbine Avenue, Cathedral Community, North of Major Mackenzie Drive, west of Woodbine Avenue, Applications for Official Plan/Secondary Plan and Zoning By-law amendments and Draft Plan of Subdivision,  File No.: OP/ZA/SU 13 109102”, be received; and,

 

2)         That a Public Meeting be held to consider the applications submitted by King David Inc. for Official Plan/Secondary Plan and Zoning By-law amendments and Draft Plan of Subdivision; and further,

 

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

CARRIED

8.         STATUS OF LETTER OF CREDIT
            AND APPLICATION FEES - 26 ALBERT STREET
            MARKHAM VILLAGE (16.11)

            Memo

 

The Committee consented to reconsider the motion adopted with the consent agenda.

 

On November 18, 2013, General Committee requested that staff report back on all outstanding Letters of Credit relating to 26 Albert Street and conditions of their release as per the Site Plan Agreement. Staff provided a summary of Council’s directions and the status of the Letter of Credit for 26 Albert Street. The full Letter of Credit ($8,200 for Construction as per Approved Drawings and $10,000 to ensure the heritage building was properly relocated and restored on a new foundation on-site) was cashed by the City as per Council’s direction.

 

Staff provided an explanation of the original Letter of Credit funds, which Council directed staff to cash earlier this year. The Committee debated returning funds from the Letter of Credit to the applicant and considered partial reimbursement now and possible additional reimbursement once the building is relocated and repaired off-site.

 

Karen Rea made a deputation in support of the return of funds.

 

Moved by: Councillor Colin Campbell

Seconded by: Regional Councillor Joe Li

 

1)         That the deputation by Karen Rea regarding 26 Albert Street, be received; and,

 

2)         That the staff memorandum dated December 3, 2013 titled "Status of Letter of Credit and Application Fees - 26 Albert Street, Markham Village" be received; and further,

 

3)         That $8,200 from the Letter of Credit relating to 26 Albert Street, drawn upon and cashed by the City of Markham, be returned to the applicant at this time.

 

CARRIED

 

 

9.         REQUEST TO REMOVE RESTRICTIONS
            ON THE APPROVAL OF ADDITIONAL RESTAURANT FLOOR SPACE
            WITHIN THE COMMERCIAL CORE AREA OF
            HISTORIC UNIONVILLE
            UNIONVILLE BUSINESS IMPROVEMENT AREA (10.5)

            Report

 

In response to questions from the Committee, staff discussed the options for restaurant flexibility in the zoning that will be presented at the Public Meeting. It was noted that the original cap on restaurants was established at the request of the Unionville BIA.


 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Logan Kanapathi

 

1)         That the report entitled “Request to Remove Restrictions on the Approval of Additional Restaurant Floor Space within the Commercial Core Area of  Historic Unionville – Unionville Business Improvement Area”, dated December 3, 2013, be received; and,

 

2)         That staff be authorized to call a Statutory Public Meeting to consider amending the Unionville Core Area Secondary Plan (OPA 107) and Zoning By-law 122-72, as amended, to remove current restrictions on the approval of additional restaurant floor space within the Heritage Main Street commercial zone of historic Unionville as well as to permit other types of uses within the Heritage Main Street commercial zone; and further,

 

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

CARRIED

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Councillor Alan Ho

 

That the Development Services Committee recess at 10:12 a.m. to convene a Statutory Public Meeting.

CARRIED

 

The Committee reconvened at 10:41 a.m.

 

 

10.       RECOMMENDATION REPORT
            DEL RIDGE (GOLDEN) INC.
            (ORIGINALLY SUBMITTED BY FOREST BAY HOMES)
            APPLICATIONS TO AMEND THE SECONDARY PLAN
            AND ZONING BY-LAW AND FOR SITE PLAN APPROVAL
            TO PERMIT A 6-STOREY136 UNIT RESIDENTIAL CONDOMINIUM
            APARTMENT BUILDING AT 7400 MARKHAM ROAD
            (
OP 11 115740, ZA 11 115740 AND SC 11 115740) (10.4, 10.5, 10.6)

            Report

 

Dave de Sylva and members of his staff were in attendance to give a presentation on this matter. Mr. de Sylva presented renderings of the proposed building and discussed the extensive sustainability features being incorporated.

 

The Committee had comments regarding the grass coverage, condo fees, affordability, net zero energy, TRCA issues, climate change, solar panels, contribution of $150,000 for public art, architectural improvements, mulch landscaping, and extensive tree plantings. A presentation was provided on Greenlife green building technology.

 

Moved by: Councillor Logan Kanapathi 

Seconded by: Deputy Mayor Jack Heath

 

1)         That the report dated December 3rd, 2013 titled “RECOMMENDATION REPORT,  Del Ridge (Golden) Inc. (originally submitted by Forest Bay Homes), Applications to amend the Secondary Plan and Zoning By-law and for Site Plan Approval to permit a 6-storey 136 unit residential condominium apartment building at 7400 Markham Road, File Nos: OP 11 115740, ZA 11 115740 and SC 11 115740”, be received; and,

 

2)         That the record of the Public Meeting held on February 21st, 2012 regarding the applications originally submitted by Forest Bay Homes (OP 11 115740 and ZA  11 115740) to amend the Secondary Plan (PD 24-2) for part of the Armadale Planning District and to amend Zoning By-law 90-81, as amended,  be received; and,

 

3)         That the record of the Public Meeting held on December 3rd,  2013 regarding the revised applications submitted by Del Ridge (Golden) Inc. (OP 11 115740 and ZA 11 115740) to amend the Secondary Plan (PD 24-2) for part of the Armadale Planning District and to amend Zoning By-law 90-81, as amended, be received; and,

 

4)         That the Official Plan Amendment (OPA) application (OP 11 115740) submitted by Del Ridge (Golden) Inc. to amend Secondary Plan (PD 24-2) for part of the Armadale Planning District, as amended, to permit a 6-storey 136 unit residential condominium apartment building at 7400 Markham Road, be approved, and the draft Secondary Plan amendment attached as Appendix ‘A’ be finalized and adopted without further notice; and,

 

5)         That adoption of the OPA application (OP 11 115740) submitted by Del Ridge (Golden) Inc. to amend Secondary Plan (PD 24-2) for part of the Armadale Planning District, to permit a 6-storey 136 unit condominium apartment building at 7400 Markham Road be reflected in the draft City of Markham Official Plan, currently under review; and,

 

6)         That the application (ZA 11 115740) submitted by Del Ridge (Golden) Inc. to amend Zoning By-law 90-81, as amended, to permit a 6-storey residential condominium  apartment building at 7400 Markham Road, be approved, and the draft Zoning By-law amendment attached as Appendix ‘B’ be finalized and enacted without further notice; and,

 

7)         That the Site Plan application (SC 11 115740) submitted by Del Ridge (Golden) Inc. to facilitate a 6-storey 136 unit residential condominium building be endorsed in principle, subject to conditions attached as Appendix ‘C’; and,

 

8)         That this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing on December 3, 2013 in the event the site plan agreement is not executed within that time period;  and,

 

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

 

10)       That the Site Plan Agreement include a cash contribution of $150,000 for public art; and,

 

11)       That the City’s 2009 Policy, requiring all High Density residential developments to achieve at least LEED Silver, be waived, subject to the implementation of the sustainability initiatives outlined in this report, to the satisfaction of the Commissioner of Development Services; and,

 

12)       That 2011/2012 servicing allocation for all 136 apartment units be assigned by the City of Markham, subject to the implementation of the sustainability initiatives outlined in this report, to the satisfaction of the Commissioner of Development Services; and,

 

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

 

14)       That the Mayor and Clerk be authorized to execute a Section 37 Agreement with the Owner; and,

 

15)       That a By-law to remove the Holding (H) provision, on the subject lands, be adopted by Council upon execution of the Site Plan Agreement, to the satisfaction of the Commissioner of Development Services and City Solicitor; and further,

 

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

 

CARRIED

 

 

11.       RECOMMENDATION REPORT
            PHILIP K. H. ENG (OWNER)
            5 OAKCREST AVENUE
            ZONING BY-LAW AMENDMENT TO
            PERMIT ONE NEW DETACHED DWELLING
            (ZA 13 131319) (10.5)

            Report

 

Jim Baird, Commissioner of Development Services, gave a brief summary of the zoning proposal to facilitate a severance, and advised that a Consent application would be required as well. Staff reviewed the policy established by Council for severances in the Oakcrest/Sabiston area, and explained that this proposal is generally in keeping with that policy direction.

The Ward Councillor referred to the concerns of the area residents for the proposed lot size, amenity space, and building orientation, and the Committee of Adjustment notice requirements for the future severance. The Committee discussed preserving large lots to provide for housing choices and unique neighbourhoods, and the notice requirements.

 

A representative of the applicant displayed a site plan and details of the proposal.

 

Moved by: Deputy Mayor Jack Heath

Seconded by: Regional Councillor Gord Landon   

 

1)         That the report dated December 3, 2013 titled “RECOMMENDATION REPORT, Philip K. H. Eng (Owner), 5 Oakcrest Avenue, Zoning by-law amendment to permit one new detached dwelling” be received; and,

 

2)         That the zoning amendment application (ZA 13 131319) be approved and the draft zoning by-law amendment attached as Appendix ‘A’, which incorporates the modifications as discussed in this report, be finalized and enacted; and further, 

 

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

CARRIED

 

 

12.       ADOPTION OF REVISED DRAFT OFFICIAL PLAN
            - ADDITIONAL COMMENTS AND STAFF RESPONSE (10.0)

 

            Dec. 3 Memo Link:

            Memo 

            Nov. 19 Report Links:

            Report   Appendix B   Appendix C   Appendix C - Correspondence

             Appendix D   Appendix E   Appendix F

            Appendix 'A' to Nov. 19 Report - Revised Draft Official Plan Dated Nov. 2013 Links:

            Table of Contents   Chapter 1   Chapter 2   Chapter 3   Chapter 4   Chapter 5
             Chapter 6   Chapter 7   Chapter 8   Chapter 9   Chapter 10   Chapter 11

             Map 1   Map 2   Map 3   Map 4   Map 5   Map 6   Map 7   Map 8   Map 9

             Map 10   Map 11   Map 12   Map 13   Map 14   Map 15 

            Appendix A   Appendix B   Appendix C   Appendix D   Appendix E 

             Appendix F   Appendix G   Appendix H   Appendix I   Appendix J

 

Jim Baird, Commissioner of Development Services, gave a brief summary of the new Official Plan process and next the steps, including Regional approval and future updates to the Committee on any modifications or appeals to the OMB. Correspondence has been received since the last meeting and is being considered in the finalized O.P. Mr. Baird emphasized the strategic importance of having the plan adopted by Coouncil

 

Mike Everard, representing Catholic Cemeteries Archdiocese of Toronto, made a deputation to request the designation of the subject lands at Woodbine Avenue and 19th Avenue (OP 13-116842) be deferred in the draft Official Plan. The Committee received the deputation.


 

Don Given of Malone Given Parson spoke on three matters:

a)    A request on behalf of TACC to include Site A, as identified in the Box Grove Hill Developments employment conversion application (OP 13-108173), within the ‘Deferral Area’ identified in the Official Plan, to accommodate a seniors development;

b)    Comments on behalf of the North Markham Landowners Group indicating support for the adoption of the Official Plan, and identifying a number of issues still to be resolved through future discussion;

c)    Acknowledgment of the interest of Mark Lichtblau, owner of lands at the north-west and north-east corners of Highway 48 and Major Mackenzie Drive regarding the mixed use and retail policies of the new Official Plan.

 

The Committee acknowledged the requests and endorsed the inclusion of Site A within the ‘Deferral Area’.

 

Catherine Lyons of Goodmans representing Minotar Holdings, presented a revised Map 7 of the draft Official Plan, for lands at northwest corner of Major Mackenzie Drive and McCowan Road and discussed amending the Greenbelt Natural Heritage System on their lands. An update was provided on the streams previously discussed. Mapping has been refined to reflect existing natural features.

 

Discussions involved the jurisdiction and authority of the City, Ministry of Natural Resources, and Toronto Region Conservation Authority. Staff recapped previous discussions that agency concurrence should be obtained for any significant changes to Greenbelt Plan designations. Ms. Lyons referred to letters from TRCA dated December 2, 2013, and from MNR dated April, 2013. Staff will review the correspondence and report back on any issues. Concern was expressed by staff for setting a precedent as the Natural Heritage System includes not only existing features but also connecting links. The Committee endorsed the revised Map 7 as requested by the applicant and directed staff to advise on any concerns after reviewing the correspondence.

 

The Committee referred to lands just west of McCowan Road and north of Major Mackenzie Drive for the Grace Gospel Church and endorsed the inclusion of these and certain adjacent lands in the urban boundary.

 

Allan Rubin, representing Markham Airport, made a deputation in support of recognizing the existence and potential expansion of Markham Airport. Mr. Rubin spoke of the Federal jurisdiction and gave background on the evolution of Markham Airport. Staff advised that the  policies in the Official Plan regarding the Markham Airport are still under review and will be addressed through modifications.

 

The Committee and Commissioner of Development Services again thanked staff for their work on this project, and thanked John Gladki of Gladki Planning Associates for their assistance.

 

Moved by: Mayor Frank Scarpitti

Seconded by: Regional Councillor Joe Li

 

1)         That the deputations by Mike Everard, representing Catholic Cemeteries Archdiocese of Toronto; Don Given of Malone Given Parson, representing TACC,  North Markham Landowners Group, and Mark Lichtblau; Catherine Lyons of Goodmans representing Minotar Holdings; and Allan Rubin, representing Markham Airport, regarding the revised draft Official Plan be received; and,

 

2)         That staff be directed to include Site A within the ‘Deferral Area’ of the employment land designation in the new Official Plan for Box Grove Hill Developments (OP 13-108173); and,

 

3)         That staff be directed to replace the current Map 7 of the Official Plan with the  revised Map 7 as presented by Catherine Lyons on December 3, 2013, regarding revisions to the Greenbelt Plan Natural Heritage System for the Minotar lands north of Major Mackenzie Drive and west of McCowan Road; and,

 

4)         That in the event the OMB decision on Phase I of the ROP/ROPA3 hearing determines that additional lands are required for inclusion in the urban expansion area, the Region be requested to amend the urban expansion area for Markham, as identified in Regional Official Plan Amendment 3 (ROPA3) to include the properties at:

-            5172 Major Mackenzie Drive;

-            10066 McCowan Road;

-            10144 McCowan Road;

-            10192 McCowan Road;

-            10228 McCowan Road;

-            10272 McCowan Road; and

-            The property immediately to the north of 10272 McCowan Road; and,

That the Markham Official Plan be amended to be consistent with the revised boundary of the urban expansion area identified in ROPA3; and,

 

5)         That consideration of the employment land redesignation application by Catholic Cemeteries be deferred and that staff be directed to work with the applicant to find a mutually agreeable solution to the Catholic Cemeteries requirements on/or before two (2) years from December 10, 2013; and, in the event that staff and Catholic Cemeteries do not arrive at a mutually agreeable solution within said time frame, staff is directed to process the current application OPA/13/116842; and,

 

6)         That the memorandum titled "Adoption of Revised Draft Official Plan – Additional Comments and Staff Response" dated December 3, 2013 be received; and,

 

7)         That the report entitled “Revised Draft Official Plan – Public Release and Adoption” dated November 19, 2013, be received; and,

 

8)         That the Revised Draft Official Plan dated November, 2013, attached under separate cover as Appendix ‘A’ to the November 19, 2013 report, including the proposed revisions outlined in the December 3, 2013 memorandum, be adopted as Markham’s new Official Plan; and,

 

9)         That upon adoption by Council, the new Official Plan be forwarded to the Region of York for approval; and further

 

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

CARRIED

 

*          Amended by Council on December 10, 2013 to add Clause 5.

 

 

 

13.       HIGHWAY 7 - VIVA H3 PROJECT - SIDEWALK INSTALLATION (5.10)

            Report

 

Alan Brown gave a high level summary of the project and responded to questions regarding the procurement process and coordination of sidewalk construction.

 

Moved by: Councillor Alan Ho  

Seconded by: Regional Councillor Jim Jones

 

1)         That the report entitled “Highway 7 - VIVA H3 Project - Sidewalk Installation” be received; and

 

2)         That Staff be authorized to issue a purchase order to York Region Rapid Transit Corporation in the amount of $495,558.00 inclusive of HST, for the construction of the following new sidewalks along Highway 7 (from Highway 404 to Town Centre Boulevard); South Town Centre Boulevard and Cedarland Drive as part of VIVA H3 project; and,

 

3)         That the tender process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 Non Competitive Procurement Item 1 (g) which states “where it is in the City’s best interest not to solicit a competitive bid”; and,

 

4)         That the Engineering Capital Administration Fee in the amount of $37,166.85 inclusive of HST be transferred to revenue account 640-998-8871 (Capital Administration Fees); and,

 

5)         That funding for the sidewalk construction be funded from account 083-5350-12051-005 (Sidewalk Program) in the amount of $532,724.85, inclusive of HST impact; and further,

 

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

CARRIED

 

 

14.       COMMUNICATIONS REGARDING THE
            PROPOSED CITY OF MARKHAM REVISED OFFICIAL PLAN (10.0)

            Communications  AddendumCom

 

Moved by: Councillor Alex Chiu

Seconded by: Councillor Valerie Burke

 

That the following communications regarding the proposed City of Markham's Revised Official Plan be received:

 

1.       Correspondence dated November 26, 2013 from Michael S. Manett, on behalf of the Weisdorf Group Inc., providing comments on the current and future uses at 2801 John Street.

 

2.       Correspondence dated November 27, 2013 from Peter Swinton, PMG Planning Consultants, providing comments on behalf of the owners of the lands at 103, 113 and 123 Old Kennedy Road.

 

3.       Correspondence dated November 27, 2013 from Edward Terry, Zelinka Priamo Ltd., providing comments on behalf of Loblaw Properties Limited for various properties in Markham.

 

4.       Correspondence dated November 27, 2013 from Ryan Moore, MHBC Planning, Urban Design & Landscape Architecture, providing comments on behalf of Home Depot's existing stores at 3155 Highway 7, 50 Kirkham Drive and 1201 Castlemore Avenue.

 

5.       Correspondence dated November 28, 2013 from Moiz Behar, M. Behar Planning & Design Inc., providing comments related to the lands owned by Scardred Company Limited at 4038 Highway No. 7 East.

 

6.       Correspondence dated November 25, 2013 from Chad B. John-Baptiste, MMM Group, providing comments related to The Mandarin Golf and Country Club and AV Investments II Inc, south of 19th Avenue between McCowan Road and Kennedy Road.

 

7.       Correspondence dated November 25, 2013 from Robert E. Jarvis, on behalf of Kennedy Corners Realty Inc. and Kennedy-Steeles Holdings Ltd. (Kennedy Corners), providing comments related to the lands at 7077 Kennedy Road.

 

8.       Correspondence dated November 28, 2013 from John P. Genest, Malone Given Parsons Ltd., on behalf of Box Grove Hill Developments Inc., providing comments related to the lands at Part of Lots 6 to 8, Concession 9.

 

9.       Correspondence dated November 29, 2013 from Mary Flynn-Guglietti, McMillan LLP, providing comments on behalf of York Region Condominium Corporation No. 890.

 

10.     Correspondence dated November 9, 2013 from Jim Kirk, Malone Given Parsons Ltd., providing comments on behalf of Unionville Montessori School, northwest corner of Kennedy Road and 16th Avenue.

 

11.     Correspondence dated November 30, 2013 from Stephen Emmanuel providing comments related to the Special Development Areas SPDA1,SPDA2,SPDA3

 

12.     Correspondence dated December 2, 2013 from Eileen P. K. Costello, Aird & Berlis, providing comments on behalf of Enbridge Gas Distribution Inc. for their lands located at 101 Honda Boulevard.

 

13.     Correspondence dated November 29, 2013 from Patrick Lee, Richmond Hill Planning & Regulatory Services Department Policy Division, providing comments.

 

14.     Correspondence dated December 2, 2013 from Jim Kirk, Malone Given Parsons Ltd., providing comments on behalf of LBS Group, owner of 8651 McCowan Road.

 

15.     Correspondence dated December 2, 2013 from Patricia A. Foran, Aird & Berlis, providing comments on behalf of E. Manson Investments Limited, owner of a number of properties located in the North Markham Area.

 

16.     Correspondence dated December 2, 2013 from Nick Pileggi, Malone Given Parsons Ltd, providing comments on behalf of IBM Canada Limited for their property at 8200 Warden Avenue.

 

17.     Correspondence dated December 2, 2013 from Nick Pileggi, Malone Given Parsons Ltd, providing comments on behalf of Times Group Corporation, owners of several properties in Markham.

 

18.     Correspondence dated December 2, 2013 from Nick Pileggi, Malone Given Parsons Ltd, providing comments on behalf of the owners of Buttonville Airport.

 

19.     Correspondence dated December 2, 2013 from Jeremy Warson, Infrastructure Ontario, providing comments respecting the property known as 8359 Reesor Road.

 

20.     Correspondence dated December 2, 2013 from Patricia A. Foran, Aird & Berlis, providing comments on behalf of Lindvest Properties (Cornell) Limited, in respect of their lands located in the Cornell Secondary Plan Area.

 

21.     Correspondence dated December 2, 2013 from Rosemarie L. Humphries, Humphries Planning Group Inc., providing comments on behalf of Terra Gold (McCowan) Properties Inc., owners of 9329 McCowan Road.

 

22.     Correspondence dated December 2, 2013 from Hendrik Op't Root, Hendrik Op't Root Architect Ltd., providing comments on behalf of the Norfinch Group Inc., owners of plaza located at 8051-8055 Yonge Street.

 

23.     Correspondence dated December 2, 2013 from Carolyn Woodland, Toronto and Region Conservation Authority, providing comments.

 

24.     Correspondence dated December 2, 2013 from Chris Tyrrell, MMM Group Limited, providing comments on behalf of First Elgin Mills Development Limited for their lands at 3208 Elgin Mill Road East.

 

25.     Correspondence dated December 2, 2013 from Donald F. Given, Malone Given Parsons Ltd., providing comments on behalf of North Markham Landowners Group and Angus Glen Northwest Inc., owners of approximately 733 hectares of land in north Markham.

 

26.     Correspondence dated December 3, 2013 from Christopher Zadel, owner of 10321 Highway 48, forwarding a request to include his property in the future urban boundary under the proposed City of Markham's Revised Official Plan.

CARRIED

 

 

 

15.       NEW BUSINESS
            MINOR VARIANCE AND CONSENT APPLICATIONS
            1 MILMAR COURT (8.0)

 

The Committee consented to New Business.

 

Brian Leve made a deputation to request the City’s support at the Ontario Municipal Board, in opposing Minor Variance Applications A/97/13 and A/98/13, and Consent Application B/11/13 for 1 Milmar Court.

 

Moved by: Councillor Howard Shore

Seconded by: Councillor Valerie Burke

 

That the deputation by Brian Leve regarding Minor Variance and Consent Applications for

1 Milmar Court, be received.

CARRIED

 

 

 

 

 

 

 

 

 

 


 

 

16.       IN-CAMERA MATTER

 

Moved by: Councillor Carolina Moretti

Seconded by: Councillor Alex Chiu

 

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

 

 

(1)        DEVELOPMENT SERVICES COMMITTEE IN-CAMERA MINUTES
- September 24, 2013, October 22, 2013 and November 19, 2013 (10.0)

            [Section 239 (2) (e, e, (e,f), (e,f), b, f)]

 

 

(2)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (OMB - WARD 2) (8.0)

            [Section 239 (2) (e)]

 

 

Moved by: Councillor Don Hamilton

Seconded by: Councillor Colin Campbell

 

That the Development Services Committee rise from in-camera at 2:42 P.M.

CARRIED

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at 2:42 P.M.

 

 

 

Alternate formats for this document are available upon request.

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