Development Services Committee Minutes
November 7, 2016,
9:00 AM to 3:00 PM
Council Chamber
All
Members of Council
Development
Services Issues Culture
and Economic Development Issues
Chair: Regional Councillor Jim Jones Chair: Councillor Alex Chiu
Vice-Chair: Councillor Don Hamilton Vice-Chair: Councillor Alan Ho
Transportation and Engineering
Capital Projects Issues
Chair: Regional Councillor Joe Li
Vice-Chair: Regional Councillor Nirmala
Armstrong
Attendance
|
Councillor Alex Chiu (left, 10:00)
Regrets
|
Jim Baird, Commissioner of
Development Services
Alain Cachola, Senior Manager, Capital Works
Sally
Campbell, Manager, East District
Catherine Conrad, City Solicitor and
Acting Director of Human
Resources
Biju Karumanchery, Director of
Planning and Urban Design
Brian Lee, Director of Engineering
Peter Wokral, Heritage
Planner
Kitty Bavington, Council/Committee Coordinator
|
The Development Services
Committee convened at the hour of 9:00 a.m. in the Council Chamber with Regional
Councillor Jim Jones in the Chair. Regional Councillor Joe Li assumed the Chair for
Transportation and Engineering Capital Projects items, Nos. 11, 12. Councillor
Don Hamilton assumed the Chair for items 13, 14, 15.
DISCLOSURE OF PECUNIARY INTEREST
-
None Declared
1. DEVELOPMENT
SERVICES COMMITTEE MINUTES
- October 24, 2016 (10.0)
Minutes
Moved by: Councillor Alex Chiu
Seconded by: Councillor Logan Kanapathi
That the
minutes of the Development Services Committee meeting held October 24, 2016, be
confirmed.
CARIED
2. DEVELOPMENT
SERVICES PUBLIC MEETING MINUTES
- October 25, 2016 (10.0)
Minutes
Moved by: Councillor Alex Chiu
Seconded by: Councillor Logan Kanapathi
That the
minutes of the Development Services Public Meeting held October 25, 2016, be
confirmed.
CARRIED
3. HERITAGE
MARKHAM COMMITTEE MINUTES
- October 12, 2016 (16.11)
Minutes
Moved by: Councillor Alex Chiu
Seconded by: Councillor Logan Kanapathi
That the minutes of the
Heritage Markham Committee meeting held October 12, 2016, be received for
information purposes.
CARRIED
4. HISTORIC UNIONVILLE COMMUNITY
VISION COMMITTEE MINUTES
- September 21, 2016 (10.0)
Minutes
The Committee noted a reference to the need for
additional by-law Enforcement staff. This will be discussed at the budget
meeting.
Moved by: Councillor Karen Rea
Seconded by: Deputy Mayor Jack Heath
That the minutes of the Historic Unionville Community
Vision Committee meeting held September 21, 2016, be received for information
purposes.
CARRIED
5. CYCLING AND PEDESTRIAN ADVISORY
COMMITTEE (CPAC) MINUTES
- September 15, 2016 (16.34)
Minutes
A typo was noted on Page 62, which should indicate an
increase to $120,000, not a decrease.
Moved by: Councillor Karen Rea
Seconded by: Deputy Mayor Jack Heath
That the minutes of the Cycling and Pedestrian
Advisory Committee (CPAC) meeting held September 15, 2016, be received for
information purposes.
CARRIED
6. PRELIMINARY REPORT
WEMAT ONE LTD.
BLOCK 1, PLAN 65M-2665, SOUTH
SIDE OF HIGHWAY 7
BETWEEN HIGHWAY 404 AND
COMMERCE VALLEY DRIVE EAST
APPLICATION FOR OFFICIAL PLAN
AMENDMENT TO EXPAND
THE RANGE OF EMPLOYMENT USES
PERMITTED
FILE NO.: OP 13 113480 (10.3)
Report
Moved by: Councillor Alex Chiu
Seconded by: Councillor Logan Kanapathi
1) That the report dated November 7, 2016 entitled “PRELIMINARY
REPORT, Wemat One Ltd., Block 1, Plan 65M-2665, south side of Highway 7, between
Highway 404 and Commerce Valley Drive East, Application for Official Plan
Amendment to expand the range of employment uses permitted”, be received.
CARRIED
7. DEVELOPMENT FEE AND
BUILDING FEE BY-LAWS UPDATE
(2017) (10.0)
Report Attachment
A Attachment
B
A Committee member suggested
that the fee for a Minor Variance application should be increased. This comment
will be passed along to appropriate staff.
Moved by: Councillor Karen Rea
Seconded by: Deputy Mayor Jack
Heath
1) That the Report titled “Development Fee and Building Fee
By-laws Update (2017)”, dated November 7, 2015 be received; and,
2) That the proposed amendments be referred to the Development
Services Committee Public Meeting to be held on December 6, 2016; and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution
CARRIED
8. PRELIMINARY REPORT
CITY PARK (TOWN CRIER) HOMES
INC.
PROPOSED DRAFT PLAN OF
SUBDIVISION
OFFICIAL PLAN AMENDMENT AND
ZONING BY-LAW AMENDMENT
APPLICATIONS
FOR 12 LOTS FOR SINGLE
DETACHED DWELLINGS
AT 7 TOWN CRIER LANE
FILES:SU 16 175583, OP 16
175583 AND ZA 16 175583 (10.7, 10.3 & 10.5)
Report
The Ward Councillor suggested
that staff work with the applicant prior to the Public Meeting, to produce a
proposal more in keeping with comments received at a recent community meeting. The Committee requested that staff work with
the applicant and the adjacent church representatives to ensure the manse on
the church property is properly serviced and is not negatively impacted by the
development. Discussions included the potential to extend the cul-de-sac to a
through street.
Moved by: Councillor Karen Rea
Seconded by: Deputy Mayor Jack Heath
1) That the report entitled “PRELIMINARY REPORT, City Park
(Town Crier) Homes Inc., Proposed Draft Plan of Subdivision, Official Plan
Amendment and Zoning By-law Amendment applications for 12 lots for single
detached dwellings at 7 Town Crier Lane, Files SU 16 175583, OP 16 175583 and
ZA 16 175583”, be received.
CARRIED
9. RECOMMENDATION REPORT
APPLICATION FOR SITE PLAN
APPROVAL
BY FONTUR INTERNATIONAL INC.
FOR A
BELL MOBILITY MONOPOLE
TELECOMMUNICATION TOWER
AND ASSOCIATED EQUIPMENT
COMPOUND
AT 80 LANGSTAFF ROAD EAST
FILE NO. SC 15 153044 (10.6)
Report
Jim Baird, Commissioner of Development Services,
provided an update on the proposal for a monopole telecommunications tower at
80 Langstaff Road East.
The applicant’s agent was in attendance to provide a
brief presentation. The tower is being temporarily relocated from its current
location at 5 Cedar Avenue, further away from residences. It will be relocated again
to a rooftop location once area development occurs.
The endorsement includes a condition that the tower be
removed in the event the City determines that its location is in conflict with
future development. Staff will add a notation regarding consultation with area
land owners in making this determination.
The location of the site was questioned as to whether
it is on Markham or Richmond Hill lands. The Committee added requirements that the
Town of Richmond Hill being advised of the proposal, as well as any additional
requirements determined by the Legal Department regarding jurisdiction.
Moved by: Councillor Logan Kanapathi
Seconded by: Councillor Colin Campbell
1) That the report dated November 7, 2016, entitled
“Application for Site Plan Approval by Fontur International Inc. for a Bell
Mobility Monopole Telecommunication Tower and associated equipment compound at
80 Langstaff Road East, File SC 15 153044”, be received; and,
2) That the presentation by Fontur International Inc., on
behalf of Bell Mobility, regarding the proposed telecommunications tower, be
received; and,
3) That the Site Plan application be endorsed, subject to the
conditions of Site Plan Approval as identified in Appendix ‘A’ to this report;
and,
4) That Industry Canada be advised in writing of this
conditional endorsement (concurrence) following the City of Markham’s acceptance
of a signed Letter of Undertaking on behalf of Bell Mobility and CN Rail to
ensure that the proposed tower is removed in the event the City of Markham in consultation with area landowners determines that its
location is in conflict with future development within the Langstaff Gateway
Area, and that this conditional endorsement is with respect to this location
only; and,
5) That concurrence be
subject to the Town of Richmond Hill being advised of the proposal, and
subject to any additional requirements determined
by the Legal Department regarding municipal jurisdiction; and further,
6) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
10. RECOMMENDATION REPORT
1659139 ONTARIO INC. (HBNG HOLBORN
GROUP)
BLOCKS 299, 300 AND 301, PLAN
65M-4026
NORTH OF ELGIN MILLS ROAD
WEST OF WOODBINE AVENUE
APPLICATIONS FOR OFFICIAL PLAN
AND
ZONING BY-LAW AMENDMENTS, AND
DRAFT PLAN OF SUBDIVISION
APPROVAL
FILE NO.’S: OP 13 116651 AND
ZA/SU 15 116651 (10.3, 10.5 & 10.7)
Report
Jim Baird, Commissioner of Development Services
introduced this application, which relates to an earlier Official Plan employment conversion
proposal, previously endorsed by Council, and the current application for
Zoning and Plan of Subdivision.
A representative of the applicant was in attendance to
display concept plans and respond to questions regarding the road and walkway
network, unit orientation, parking, and snowplowing. It was confirmed that:
- the various woodlot buffer parcels will be
conveyed to the City;
- the temporary turning bulb on Lord Melbourne
Street will be eliminated once the road network is built;
- the applicant will be responsible for the
cost of the sanitary sewer upgrades;
- issues identified at the Public Meeting have
been addressed and the plan has been revised accordingly;
- renderings of the unit styles would normally be
presented at the site plan stage.
The applicant advised that the community design plan
has been approved by staff and can be reviewed with the Ward Councillor prior
to these applications being adopted at Council. The Committee agreed to bring
this forward to the next Council meeting on November 15, with the understanding
that it can be deferred to a later meeting if the Ward Councillor is not
satisfied. The applicant agreed to provide conceptual elevations at Council.
The Committee directed that the Site Plan Approval be brought
to Development Services Committee instead of being delegated to staff.
It was suggested that the progressive stages in the
various application processes be outlined, and that the status of each
application be indicated each time it comes forward for consideration - perhaps
in the background section of a report.
Moved by: Regional Councillor Nirmala Armstrong
Seconded by: Deputy Mayor Jack Heath
1) That the report dated November 7, 2016 titled,
“RECOMMENDATION REPORT, 1659139 Ontario Inc. (HBNG Holborn Group), Blocks 299,
300 and 301, Plan 65M-4026, North of
Elgin Mills Road, west of Woodbine Avenue, Applications for Official Plan and
Zoning By-law amendments, and Draft Plan of Subdivision Approval”, be received;
and,
2) That Draft Plan of Subdivision 19TM-15003, prepared by
Gagnon and Law, Urban Planners Ltd., revision dated October 13, 2016, be
approved subject to conditions of draft plan approval set out in Appendix ‘A’
to this report; and,
3) That servicing allocation for 178 townhouse units be
assigned to Draft Plan of Subdivision 19TM-15003; and,
4) That the draft plan approval for plan of subdivision
19TM-15003 will lapse after a period of three years commencing on the date of
issuance of draft plan approval, in the event that a subdivision agreement is
not executed within that period; and,
5) That the City reserves the right to revoke or reallocate the
servicing allocation should the development not proceed in a timely manner;
and,
6) That the Region of York be advised that servicing allocation
for 178 units has been confirmed; and,
7) That the draft amendments to the 1987 Official Plan and the
Cathedral Community Secondary Plan, and the 2014 Official Plan be finalized
prior to being enacted by Council; and,
8) That the draft amendment to Zoning By-law 177-96, as
amended, attached to this report as Appendix ‘C’, be finalized prior to being
enacted by Council; and,
9) That the applicant and
staff review the applications with the Ward Councillor, and provide an update
at Council on November 15, 2016, as to whether the applications are ready to
proceed or a deferral is required; and,
10) That the applicant provide
conceptual elevations at the Council meeting on November 15, 2016; and,
11)** That Site Plan Approval be
brought forward to Development Services Committee; and further,
12) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
** Amended by Council on November 15, 2016, to delete the following Clause
in its entirety:
11. "That Site Plan Approval be brought
forward to Development Services Committee."
11. HIGHWAY 404 RAMP EXTENSION
(ARISTOTLE AVENUE) AT HIGHWAY
7, AND
HIGHWAY 404 MID-BLOCK CROSSING
(NORMAN BETHUNE AVENUE)
BETWEEN
ALLSTATE PARKWAY AND EAST
BEAVER CREEK ROAD (5.10)
Report
Brian Lee, Director of Engineering, introduced this
matter. The Committee briefly discussed the funding formula.
Moved by: Councillor Colin Campbell
Seconded by: Deputy Mayor Jack Heath
1) That the report
entitled “Highway 404 Ramp Extension
(Aristotle Avenue) at Highway 7, and Highway 404 Mid-Block Crossing (Norman
Bethune Avenue) between Allstate Parkway and East Beaver Creek Road” be
received; and,
HIGHWAY 404 MID-BLOCK CROSSING
(NORMAN BETHUNE AVENUE) BETWEEN HIGHWAY 7 AND 16TH AVENUE - (the “Highway 404
Mid-Block Crossing”)
2) That the Engineering
Department Capital Administration Fee in the amount of $156,640.58, be charged to revenue account 640-998-8871
(Capital Admin Fees); and,
3) That the 2018 operating budget for the Asset Management Department
($3,388.00) and Operations Department ($21,642.37) be increased to fund annual operations
and maintenance requirements for Highway 404 Mid-Block Crossing as set out in
this report; and,
4) That the 2018 Lifecycle Replacement and Capital Reserve study
be updated to include an additional $533,731.00 (Streetlights: $324,965.00 + Roads
and Sidewalk: $69,266.00 + Traffic Signals: $139,500.00) for the future
replacement of streetlighting, road, sidewalk, and traffic signals for the
Highway 404 Mid-Block Crossing; and,
5) That the 2018 Lifecycle Replacement and Capital Reserve
study be updated to include a one-time payment for Markham’s share of the
Ministry of Transportation’s (“MTO”) long-term
maintenance and replacement cost for the Highway 404 Mid-Block Crossing
structure to a maximum amount of $1,731,333.33, being 33% of the total cost of
$5,194,000; and,
6) That the Mayor and Clerk be authorized to execute an
agreement with the Town of Richmond Hill (“Richmond Hill”)
for road surface maintenance of the Highway 404 Mid-Block Crossing structure,
provided that the form and content of such agreement are satisfactory to the
Chief Administrative Officer and the City Solicitor; and,
HIGHWAY 404 RAMP EXTENSION AT HIGHWAY
7 (ARISTOTLE AVENUE) - (the “Highway 404 Ramp Extension”)
7) That the Mayor and Clerk
be authorized to execute an agreement with the Region of York (“Region”) to govern the design, property acquisition, project
management, construction, operation, long-term maintenance and replacement of
the Highway 404 Ramp Extension and cost
sharing with respect to same, provided that the form and content of such
agreement are satisfactory to the Chief Administrative Officer and the City Solicitor; and,
8) That staff be authorized to issue a Purchase Order to the
Region, for 50% of the project costs for the Highway 404
Ramp Extension, to a maximum amount of $12,900,012.58; and,
9) That the
Engineering Department Capital Administration Fee in the amount of $291,964.12,
be charged and transferred
to revenue account 640-998-8871 (Capital Admin Fees); and,
10) That the amount of $1,698,193.64
(comprising a 20% contingency for project costs and the Region’s administration
fees) be added to the budget for capital project #16041 ‘Highway 404 Ramp Extension, North of Hwy
7’; and,
11) That Markham’s
portion of the project cost in the amount of $14,890,170.34 (inclusive
of the City’s Capital Administration Fee of $291,964.12), be funded from the capital project
#16041 ‘Highway 404 Ramp
Extension, North of Hwy 7’ with an available budget of $12,346,400 as outlined in this report; and,
12) That the additional financial requirement
of $2,543,770.34 ($12,346,400.00 - $14,890,170.34) be funded from the
Development Charges Reserve; and,
13) That the 2018 operating budgets for the Asset
Management Department ($1,716.00) and Operations Department ($25,396.04) be
increased to cover annual operations and maintenance requirements for the Highway
404 Ramp Extension as set out in this report; and,
14) That the 2018 Lifecycle Replacement and
Capital Reserve study be updated to include an additional $192,890.00 (Streetlights:
$136,828.00 + Roads & Multi-Use Pathway: $56,062.00) and financial program
for the future replacement of streetlighting, underground stormwater facility,
road and multi-use pathway for the Highway 404 Ramp Extension; and,
15) That the 2018 Lifecycle Replacement and
Capital Reserve study be updated to include a one-time payment to the Region to
a maximum amount of $378,000, being 50% of MTO’s long-term maintenance and
replacement cost for the Highway 404 Ramp Extension structure; and,
16) That in accordance
with By-law 178-96, the lands legally described as Part of Block 9, Plan
M-2029 designated as the Parts 6, 8, 11, 12 and 13 on Reference Plan 65R-36152
(the “MTO Ramp Lands”) be declared surplus to
municipal purposes; and,
17) That subject to
recommendation #16 and after the Highway 404 Ramp Extension is complete, the
Mayor and Clerk be authorized to execute any
documents and/or agreements required to transfer the MTO Ramp Lands to MTO for
nominal consideration, provided
that the form and content of such documents and agreements are satisfactory to
the Chief Administrative Officer and the City Solicitor; and,
18) That after the Highway
404 Ramp Extension at Highway 7 is complete, the Mayor and Clerk be authorized
to execute any documents and agreements required
to acquire the lands legally described as Part of Block 9, Plan M-2029
designated as the Parts 1 and 3 on Reference Plan 65R-36152 (the “City Ramp Lands”) from the Region for nominal consideration,
provided that the form
and content of such documents and agreements are satisfactory to the Chief
Administrative Officer and the City Solicitor; and,
19) That staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
12. 2017 ANNUAL SERVICE PLAN
(YRT/VIVA) (5.14)
Presentation
Adrian Kawun, Manager of Service Planning, York Region Transit
(YRT/Viva), gave a presentation entitled "2017 Annual Service Plan"
regarding the System Overview, YRT/VIVA Strategic Direction, Transit Planning,
and Next Steps. A short video was presented.
There were lengthy discussions regarding fare zone integration, reduced
ticket prices for seniors and low-income earners, and transfer times. Mr. Kawun
noted the accomplishments of the Working Group and advised that: fare
integration strategies are being reviewed; significant subsidies are already provided
for seniors, and similar fares for low-income riders are being considered; transfer
times have been increased to two hours and include travel in both directions. It
was suggested that certain fare-free times be considered for seniors. York
Region will be making a decision on fares for seniors on November 17, and
anyone championing this cause was encouraged to attend.
With the opening of the new Spadina Station in December, 2017, the
Committee expressed an interest in participating in the service planning for
the station at the early stages, and suggested another presentation by the
Region in the spring of 2017, in this regard.
The Viva line along Highway 7 from Town Centre Boulevard to Kennedy Road
is scheduled to open in 2018; however the Committee requested that the line be
opened sooner, if possible.
Discussions also included the projected date of 2051 for greenhouse gas-free
operations.
The Committee thanked Adrian Kawun for the informative presentation.
A motion to Call the Question was moved by Councillor Colin Campbell
and seconded by Councillor Karen Rea, and was supported by the Committee. The
speakers list was exhausted.
Moved by: Deputy Mayor Jack Heath
Seconded by: Councillor Don Hamilton
That the presentation provided by Adrian Kawun, Manager of Service
Planning, York Region Transit (YRT/Viva) entitled "2017 Annual Service
Plan" be received.
CARRIED
13. NEW BUSINESS
YORK REGION DEVELOPMENT CHARGES
(13.4)
Councillor Don Hamilton referred to a newspaper article circulated to
staff regarding York Region's Development Charges. Staff advised of the City’s
role in collecting Development Charges, and advised that any concern about the
amount being collected should be addressed with the School Boards.
14. NEW BUSINESS
DEPUTATION – 23 CHURCH STREET
(8.0)
Brendan Ruddick of Loopstra Nixon LLP, representing the owners of 3
Franklin Street, appellants for a Minor Variance application for 23 Church Street,
spoke to the Committee regarding the appeal to the OMB. Mr. Ruddick discussed
the construction of a gazebo at 23 Church Street, adjacent to 3 Franklin Street,
and the justification for the approved variance based on the front yard being
treated as a rear yard. He also noted that the property is in the Heritage
District and suggested that the structure contributes to the obstruction of the
sight line, in addition to the existing fence. Mr. Ruddick did not support the
potential participation of the City at the OMB in support of the owners of 23
Church Street. He responded to several questions from the Committee.
On the advice of the City Solicitor, the Committee declined to hear an
additional deputation in support of the owners of 23 Church Street, as the
owners had previously addressed the Committee on October 24.
Moved by: Councillor Karen Rea
Seconded by Regional Councillor Nirmala Armstrong
That the deputation by Brendan Ruddick, of Loopstra Nixon LLP,
representing the owners of 3 Franklin Street, with respect to the appeal of a
Minor Variance at 23 Church Street, be received.
CARRIED
15. IN-CAMERA MATTER
Moved by: Councillor Karen Rea
Seconded by: Councillor Colin Campbell
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
- October 24, 2016 (10.0)
[Section 239 (2) (e)
(c)]
(2) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD - ONTARIO MUNICIPAL BOARD - 23 CHURCH STREET (WARD 4) (8.0)
[Section 239 (2) (e)]
CARRIED
Moved by: Councillor Amanda Collucci
Seconded by: Councillor Colin Campbell
That the Development Services Committee rise and
report from the in-camera session at 12:55 PM.
CARRIED
The following
in-camera items were approved by Development Services Committee as follows:
(1) DEVELOPMENT SERVICES
COMMITTEE IN-CAMERA MINUTES
- October 24, 2016 (10.0)
[Section 239 (2) (e)
(c)]
Development Services Committee confirmed the in-camera minutes of October
24, 2016.
(2) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD - ONTARIO MUNICIPAL BOARD - 23 CHURCH STREET (WARD 4) (8.0)
[Section 239 (2) (e)]
This item was forwarded to Council on November 15,
2016.
ADJOURNMENT
The Development Services
Committee meeting adjourned at 12:55 PM.
Alternate formats for this document
are available upon request.