Meeting No. 20

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the minutes of the Development Services Committee meeting, Part B, held May 29, 2007, be confirmed.

CARRIED

4. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- May 29, 2007 (10.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the minutes of the Development Services Public Meeting, held May 29, 2007, be confirmed.

CARRIED

5. MAKE IT HAPPEN TASK FORCE MINUTES
- January 30, 2007, April 17, 2007, May 1, 2007,
May 15, 2007, May 29, 2007 (10.0)

Jan. 30 Apr. 17 May 1 May 15 May 29

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the minutes of the Make it Happen Task Force meetings held on January 30, 2007, April 17, 2007, May 1, 2007, May 15, 2007 and May 29, 2007 be received.

CARRIED

6.         MAKE IT HAPPEN TASK FORCE
            WORKING GROUPS
            TERMS OF REFERENCE (10.0)

Group 1 Group 2 Group 3 Group 4 Group 5 Group 6

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the Terms of Reference for the six (6) Working Groups of the Make it Happen Task Force be received.

CARRIED

7. MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
- May 9, 2007 (10.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the minutes of the Markham Public Art Advisory Committee meeting held on May 9, 2007 be received.

CARRIED

8. HERITAGE MARKHAM COMMITTEE MINUTES
- May 9, 2007 (10.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the minutes of the Heritage Markham Committee meeting held on May 9, 2007 be received.

CARRIED

9. MAIN STREET MARKHAM COMMITTEE MINUTES
- May 16, 2007 (16.39)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the minutes of the Main Street Markham Committee meeting held on May 16, 2007 be received.

CARRIED

10. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF APRIL 7, 2007 TO MAY 4, 2007 (10.0)

Moved by Regional Councillor J. Heath

Seconded by Councillor E. Shapero

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of April 7, 2007 to May 4, 2007” and direct staff to process the applications in accordance with the route outlined in the report, save and except for Within Range Golf Centres which will be brought to Development Services Committee for approval.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

11. CHAK CHENG
APPLICATION FOR A ZONING BY-LAW AMENDMENT
TO REZONE 7165 BAYVIEW AVENUE FROM
GREENBELT RESIDENTIAL (GR) TO PERMIT
A FUTURE SEVERANCE OF THE LANDS
INTO TWO LOTS FOR THE CONSTRUCTION OF
TWO SINGLE DETACHED DWELLINGS
ZA-07-110055 (10.5)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That a Public Meeting be held to consider the application submitted by Chak Cheng for the rezoning of 7165 Bayview Avenue from Greenbelt Residential (GR) to permit a future severance of the lands into two lots for the construction of two single detached dwellings.

CARRIED

12. DESIGN, CONSTRUCTION AND FINANCING OF
THREE PARKS IN PHASE 1 OF THE
CATHEDRAL TOWN COMMUNITY BY
CATHEDRAL TOWN LTD., AND 404 DEVELOPMENTS INC. (5.6)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the report to Development Services Committee, entitled “"Design, Construction and Financing of Three Parks in Phase 1 of the Cathedral Town Community by Cathedral Town Ltd. and 404 Developments Inc.” be received;

And that Council approve the request by Cathedral Town Ltd., and 404 Developments Inc. to finance the cost of design, construction and contract administration of three parks known as ‘the Arboretum’, ‘Park Square’ and ‘Panorama Park’ (Blocks 121, 122 and 123, respectively on Plan 65M-3830) in Phase 1 within the Cathedral Town Community, subject to the following conditions:

That Cathedral Town Ltd., and 404 Developments Inc. finance the cost of the design, construction and contract administration of the three parks (totalling 2.82 ha or 6.9 acres in area) to a minimum value of $140,000 per acre which totals approximately $966,000.00 inclusive of all applicable taxes;

That, subject to compliance with these terms and conditions, the Town of Markham reimburse Cathedral Town Ltd., and 404 Developments Inc. up to $966,000.00 towards this project from development charges for park development under the understanding that Cathedral Town Ltd., and 404 Developments Inc. may contribute additional funds, which will not be reimbursed by the Town, towards the development of these parks;

That Cathedral Town Ltd., and 404 Developments Inc. contribute an additional $100,000 towards facility upgrades in Victoria Square Park (existing Town park on Elgin Mills Road) to be built in conjunction with the construction of Blocks 121, 122 and 123, for which they will not be reimbursed by the Town;

That the Town reimburse Cathedral Town Ltd., and 404 Developments Inc. for invoices paid on a single lump sum basis for all approved costs associated with the design, construction and contract administration, including all applicable taxes, of these parks up to a maximum of $966,000.00, less the 10% holdback to be released to them upon final assumption of the park by the Town, after sufficient Development Charges for park development have been collected (90% of a maximum of $966,000.00) at the building permit stage for residential lots within the Cathedral Town Community to warrant repayment in full to the maximum allowable. No interest on such invoices shall be payable by the Town;

That owners / developers within the Cathedral Town Community, including Cathedral Town Ltd., and 404 Developments Inc., not receive any credit towards park development charges and continue to pay the park development charge at the building permit stage for all present and future development phases of subdivisions within the Cathedral Town Community;

That Cathedral Town Ltd., and 404 Developments Inc. hire a landscape architect who is a full member of the OALA having custody and use of the Association seal, and approved by the Town, to provide professional design, contract document, and contract administration services to the satisfaction of the Town;

That Cathedral Town Ltd., and 404 Developments Inc. conform with the Town’s standard park and open space approval process if necessary which includes development of several design concepts, holding community input meetings, presentation to selected Standing and Advisory Committees, as well as review and approval by the Planning and Urban Design Department in consultation with the Parks Operations Department. This process will also be informed by the Town’s on-going Recreation Master Plan Update Study which will establish park facility requirements and priorities;

That Cathedral Town Ltd., and 404 Developments Inc. tender out the construction of the park works to a minimum of three bidders to the satisfaction of the Town and include a 2 year detailed maintenance contract for the parks to the Town’s satisfaction as part of the tendered works, the cost of which is the responsibility of Cathedral Town Ltd., and 404 Developments Inc.;

That, notwithstanding the requirements of Condition (8) above, Cathedral Town Ltd., and 404 Developments Inc. shall also maintain these parks to Town standards, from the time that it is built, until such time as the park would normally have been built in accordance with the Town’s park development strategy for Cathedral Town (which normally coincides with the time when sufficient Development Charges for park development have been collected within the Cathedral Town Community to warrant starting park construction). The Town will not reimburse Cathedral Town Ltd., and 404 Developments Inc. for costs associated with this additional maintenance obligation for these parks;

That the Town amend the 2007 Capital Budget for Urban Design, Development Services Commission, and establish a capital project for these park works with a budget of $1,052,940 which includes $966,000 and an internal capital administration cost of $86,940 funded from the Development Charge Reserve (90% / $947,646) and tax-funded Capital Contingency 44-6900-6395-005 (10% / $105,294);

And further that staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

13. NAMING OF THE WOODBINE AVENUE BY-PASS ROAD
AND RENAMING OF THE FUTURE
BY-PASSED SECTION OF WOODBINE AVENUE (10.14)

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor G. Landon

That the report entitled “Naming of the Woodbine Avenue By-Pass Road and Renaming of the Future By-Passed Section of Woodbine Avenue”, dated June 19, 2007, be received;

And that the Town of Markham request the Region of York to name the future by-passed section of Woodbine Avenue north of Major Mackenzie Drive and south of 19^th Avenue as Victoria Square Boulevard;

And further that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

14. BUILDING ENCROACHMENTS INTO
MUNICIPAL EASEMENT
MATTAMY DEVELOPMENTS (WYKLAND ESTATES)
PLAN 65M-3884, LOTS 59, 60 AND 64 (10.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the report entitled “Building Encroachments into Municipal Easement, Mattamy Developments (Wykland Estates) Plan 65M-3884, Lots 59, 60 and 64” be received;

And that a by-law be enacted to release and abandon the municipal servicing easement over Parts 2, 3, 6, 7, 10 and 11 as shown on Plan 65R-29899;

And that the Town Solicitor be authorized to approve and execute the necessary release and abandonment of easement in respect of Parts 2, 3, 6, 7, 10 and 11 on Plan 65R-29899;

And that Ballantry Homes satisfy the Town Solicitor that it will be responsible for the preparation of all necessary transfers, reference or survey plans, fees, environmental clearances and all other documents and for all costs incurred by the Town related to the builders encroachment into the municipal servicing easement and the release and abandonment of the easement;

And that Ballantry Homes pay to the Town the amount of $15,000 (3 lots @ $5000 each) as compensation towards potential future increased maintenance and repair costs as a result of the reduced easement width on Lots 59, 60 and 64 on Plan 65M-3884, to be deposited in the Community Services Commission Operating Reserves Account;

And that Ballantry Homes pay the Town’s Legal and Engineering fees associated with these transactions in the upset amount of $4,500 ($1,500/lot);

And that the Building Standards, Engineering and Planning Departments pursue measures with the development industry to prevent the encroachment of buildings in municipal easements;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

15. 2007 SECOND QUARTER UPDATE OF
THE STREET NAME RESERVE LIST (10.14)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the updated street name reserve list for the second quarter of 2007, attached as Appendix ‘A’ to the June 19^th, 2007 staff report, titled, “2007 Second Quarter Update of the Street Name Reserve List”, be received.

CARRIED

16. DELEGATED APPROVALS REPORT (10.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That Council be advised that in accordance with Delegation By-law 2002-202, and additional site specific delegations authorized by Development Services Committee, the Commissioner of Development Services or the Director of Planning and Urban Design have approved applications listed in the report dated June 19, 2007.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

17.       RICE COMMERCIAL GROUP
            APPLICATION FOR ZONING AMENDMENT
            TO PERMIT AND INDUSTRIAL/OFFICE BUILDING
            11258 WOODBINE AVENUE
            HIGHWAY 404 NORTH PLANNING DISTRICT
            ZA 07-114298 (10.5)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the Development Services Committee report for the Rice Commercial Group, dated June 19, 2007, for a new industrial/office development, north of Elgin Mills Road, west of Woodbine Avenue, municipally known as 11258 Woodbine Avenue, in the 404 North Planning District, be received as information to be considered at the Public Meeting scheduled for this date;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

18.       NAAM GROUP INC.
            SOUTH-WEST CORNER OF RODICK ROAD
            AND YORKTECH DRIVE
            DEEMING BY-LAW
            DY 06 128490 (10.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the staff report dated June 19, 2007 entitled “Naam Group Inc., South-west corner of Rodick Road and Yorktech Drive, Deeming By-law”, be received;

And that Council enact the By-law attached as Appendix “A” to deem Lots 3 and 4, Registered Plan 65M-2755, not to be part of a registered plan of subdivision;

And that staff take appropriate action as required under Section 50 of the Planning Act;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

19. RENAMING OF HIGHWAY 7 WITHIN
THE TOWN OF MARKHAM (10.14)

Moved by Mayor Scarpitti

Seconded by Regional Councillor G. Landon

That the report entitled “Renaming of Highway 7 within the Town of Markham”, dated June 19, 2007, be received;

And that consideration of the following clauses be deferred until September, 2007 to consider alternative naming options:

“And that the Town of Markham request the Region of York to consider options for renaming the section of Highway 7 within the Town of Markham under the Region’s jurisdiction from “Highway 7” to a name more representative of an urban arterial road than a Provincial Highway;

And that the Region consult with other York Region municipalities (Vaughan and Richmond Hill) and adjacent Regions and municipalities that also have Highway 7 frontage, and with the public and area businesses;

And that one of the options considered be the possible renaming of Highway 7 to Avenue 7;”

And that the Town request the Region of York to initiate a request to the Ministry of Transportation for the transfer of the Provincially owned section of Highway 7 in the Town of Markham to the Region of York.

CARRIED AS RECONSIDERED

See following motion to reconsider

Moved by Mayor Scarpitti

Seconded by Regional Councillor G. Landon

That Item Number 19 of the Development Services Agenda of June 19, 2007 be reconsidered.

CARRIED

See initial motion

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the report entitled “Renaming of Highway 7 within the Town of Markham”, dated June 19, 2007, be received;

And that the Town of Markham request the Region of York to consider options for renaming the section of Highway 7 within the Town of Markham under the Region’s jurisdiction from “Highway 7” to a name more representative of an urban arterial road than a Provincial Highway;

And that one of the options considered be the possible renaming of Highway 7 to Avenue 7;

And further that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

20. COMMERCIAL FAÇADE IMPROVEMENT
GRANT APPROVAL
DR. CRAIG S. ANDERSON
128 MARKHAM MAIN STREET NORTH
MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (10.0)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That Council has no objection to the owner of 128 Markham Main Street North receiving the maximum grant available from the Markham Commercial Façade Improvement Grant Program, provided that the applicant meets all other applicable requirements;

And that the Mayor and the Clerk be authorized to execute a Heritage Conservation Easement Agreement between the property owner of 128 Markham Main Street North, and the Town;

And that the three capital planning budgets related to Heritage Districts, Façade Improvement/ Sign replacement program (80-5350-3511-005 / 80-6150-6633-005 / 80-6150-7050-005) be consolidated into 80-6150-6633-005;

That the grant be funded through the consolidated Heritage Districts, Façade Improvement / Sign replacement program Capital Account (080-6150-6633-005) (see pg. 2) up to the maximum of $15,000.00;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

21. MILLER PAVING LIMITED
EAST SIDE OF WOODBINE AVENUE,
NORTH OF 14^TH AVENUE
TECHNICAL OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENTS
OP. 04-017217 & ZA. 04-017225 (10.3, 10.5)

Report Appendix A-C Appendix D Correspondence

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the Conceptual Built Form Master Plan for the commercial lands on the Miller Paving Limited property be received;

And that the attached Zoning By-law amendments be enacted.

CARRIED

22. THORNHILL MARKHAM
HERITAGE CONSERVATION DISTRICT PLAN 2007 (10.0)

Ms. C. Conrad, Town Solicitor, advised that the height restriction in the proposed Thornhill Markham Heritage Conservation District Plan conflicts with the existing Thornhill Secondary Plan.

Mr. R. Hutcheson, Manager, Heritage Planning presented an overview of the development of the Thornhill Markham Heritage Conservation District Plan, including the proposed heritage classifications, details of the public consultation process and highlights of some of the concerns raised.

Mr. J. Ricciuti, resident, spoke in support of the proposed Heritage Conservation District Plan.

Mr. M. Bryce, Ibis Holding Inc., spoke in opposition to the classification of commercial buildings on Yonge Street. Mr. Bryce suggested that insufficient notice was provided.

Ms. M. Matthias, resident, spoke in support of the proposed Heritage Conservation District Plan and requested that all its elements be enacted at the earliest opportunity.

Mr. N. Connell and Mr. B. Wylie spoke in support of the proposed Heritage Conservation District Plan and noted the importance of enforcing it once it is in effect.

Staff advised that both the Heritage Conservation Plan and any amendment to the Thornhill Secondary Plan can be appealed to the Ontario Municipal Board.

There was discussion surrounding a proposed grant program to help fund improvements to non-commercial properties in heritage districts. It was noted that there are similar programs available for commercial properties in heritage districts. Committee noted that non-commercial heritage property owners receive discounts on their property tax.

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

That the report entitled “Thornhill Markham Heritage Conservation District Plan – Revised Plan 2007” be received;

And that the correspondence from Ms. L. Harrison, 24 Deanbank Drive, Mr. M. Bishop, 129 John Street, Mr. G. Swinkin, Cassels and Graydon LLP, on behalf of 1547155 Ontario Ltd, 7751 Yonge Street, Mr. and Ms. Bryce, 7699 Yonge Street and Mr. and. Ms. Long, 159 John Street, be received;

And that the revised Thornhill-Markham Heritage Conservation District Plan (2007) and District Inventory (2007), be endorsed;

And that the By-law (attached as Appendix A) to amend the existing Thornhill-Markham Heritage Conservation District Plan By-law (270-86) by incorporating the revised Thornhill Markham Heritage Conservation District Plan (2007) and District Inventory (2007), together with the 1986 Study, be enacted, with a number of minor typographical corrections, save and except for the 12 metre maximum height provisions for buildings on Yonge Street, and any other inconsistencies with the Thornhill Secondary Plan, which will be enacted following appropriate amendments to the Thornhill Secondary Plan;

And that as per Section 41.1 (3) of the Ontario Heritage Act, Council shall cause notice of the by-law to be served on each owner of property located in the heritage conservation district and the Ontario Heritage Trust, and to be published in a newspaper having general circulation in the municipality;

And that if there are any objections to the By-law under Section 41.1 (4) of the Ontario Heritage Act, the Town Solicitor be directed to appear before the Ontario Municipal Board to defend the By-law;

And that Council consents to the removal of the word ‘commercial’ in reference to the type of building subject to the maximum height of buildings on Yonge Street in the Heritage District to ensure that any type of building would be subject to the height restriction;

And that a public meeting be held on September 4, 2007 to amend the Thornhill Secondary Plan in order to achieve consistency between it and the Revised Thornhill-Markham Heritage Conservation District Plan (2007), including consistent provisions in both documents relating to height, including the maximum 12 metre height provision for buildings on Yonge Street;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

Moved by Regional Councillor T. Wong

Seconded by Councillor E. Shapero

That staff be directed to examine various options including a matching grant program or enhanced loan program for non-commercial designated properties to assist in heritage restoration projects, potentially using some of the monies currently allocated to the Heritage Loan Fund.

CARRIED

23. APPLICATION FOR SITE PLAN CONTROL APPROVAL
RULAND PROPERTIES INC. (THE REMINGTON GROUP)
PHASE I – VERDALE APARTMENT BUILDINGS
MARKHAM CENTRE
SC 06 107952 (10.6)

Mr. S. Levitt, Quadrangle, architect for the applicant, provided elevation drawings and site plans. There was discussion surrounding details such as environmental upgrades and building materials for the balcony ceilings and elsewhere. It was noted that the Town Architect and the Markham Centre Advisory Committee (MCAC) have approved the design, with MCAC giving it a Gold rating. It was stated that the development has also been presented to a Part A session of Development Services Committee.

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor G. Landon

That consideration of the following recommendation be referred to the Unionville Sub-Committee at the earliest opportunity and that authority to act on the recommendations of the Sub-Committee be delegated to the Chief Administrative Officer under By-law 4-2000:

“That the report dated June 19, 2007, entitled “Application for Site Plan Control Approval - Ruland Properties Inc. (The Remington Group), Phase I Verdale Apartment Buildings, Markham Centre” be received;

And that the application for site plan control approval by Ruland Properties for three apartment buildings 6 and 10 storeys in height containing a total of 421 units, featuring shared underground garage and amenity facilities be endorsed in principle, subject to the conditions attached as Appendix A;

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a Site Plan Agreement. Site Plan approval is issued only when the Director has signed the site plan;

And that prior to final site plan approval, the Owner provides a release from the Trustee for the Markham Centre Landowners Group recommending servicing allocation for the 421 units within this project, and confirming that the applicant has met their financial obligations to the Group with respect to these lands. Previous approvals granted by Council for the Downtown Markham project account for a servicing allocation of 607 units, which was assigned from the original allocation of 800 units granted to applicant through the draft plan approval process. The 421 units proposed, when combined with previous approvals granted by Council, would represent 228 units in excess of the original 800 units and would require distribution through the landowners group;

And that the Owner execute a Subdivision Agreement prior to final site plan approval to the satisfaction of the Town Solicitor and Commissioner of Development Services;

And that Council authorize the enactment of a by-law to remove the Hold (H) provision on the subject lands upon execution of the Subdivision and Site Plan Agreements to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

24.       STRINGBRIDGE INVESTMENTS LIMITED
            3495 HIGHWAY 7
            (SOUTH SIDE, WEST OF TOWN CENTRE BLVD)
            APPLICATION FOR SITE PLAN APPROVAL
            FOR A 4-STOREY OFFICE BUILDING
            SC: 06 135995 (10.6)

There was brief discussion surrounding the relocation of a parking deck.

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That the report dated June 19, 2007, entitled “Stringbridge Investments Limited, 3495 Highway 7 (south side, west of Town Centre Blvd), Application for Site Plan Approval for a 4-storey office building, File No. SC 06 135995,” be received;

And that the application for site plan approval be endorsed, in principle, subject to the conditions attached as Appendix “A” and the following:

That the building elevations be refined as outlined in the staff report, to the satisfaction of the Director of Planning and Urban Design.
That the Owner obtain a minor variance and/or temporary use permission as outlined in the staff report to permit the proposed number and location of parking spaces on a temporary basis.
And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued once the conditions outlined above have been satisfied. Site Plan approval is issued only when the Director has signed the site plan;

And that Council authorize the enactment of a by-law to remove the Hold Provisions H1 and H2 from the zoning of the subject lands, upon application by the Owner, once the conditions outlined in the staff report have been satisfied;

And that the Mayor and Clerk be authorized to execute a hoarding agreement, in a form satisfactory to the Town Solicitor and the Commissioner of Development Services, with Stringbridge Investments Limited;

And that this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing June 19, 2007, in the event that the site plan agreement is not executed within that period;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

25. LOBLAW PROPERTIES LIMITED
APPLICATION FOR SITE PLAN APPROVAL
TO PERMIT A LARGE FORMAT
RETAIL PLAZA ON THE NORTH SIDE OF
MAJOR MACKENZIE DRIVE BETWEEN
MARKLAND STREET AND WOODBINE AVENUE
IN THE WEST CATHEDRAL COMMUNITY
SC 06 117834 (10.6)

Mr. R. Zelinka, Zelinka Priamo Ltd., for the applicant, provided elevation drawings and site plans. Committee requested clarification on a number of issues including noise screening, building materials, proposed re-engineering of the floodline and environmental standards.

It was noted that one of the conditions of site plan approval is approval of the floodline by the Toronto Region Conservation Authority (TRCA) and that staff will report back in the fall regarding discussions with the TRCA.

It was stated that there will be a submission in the 2008 budget for funding for the development of green/sustainable development standards for the Town.

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That the report dated June 19, 2007, entitled, “Loblaw Properties Limited, application for Site Plan Approval to permit a large format retail plaza on the north side of Major Mackenzie Drive between Markland Street and Woodbine Avenue in the West Cathedral Community”, be received;

And that the Site Plan Application (File No. SC 06 117834) submitted by Loblaw Properties Limited to permit a large format retail plaza on the north side of Major Mackenzie Drive between Markland Street and Woodbine Avenue in the West Cathedral Community be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

And that site plan endorsement be delegated to the Director of Planning and Urban Design or her designate, to be issued following resolution of: final survey of the floodline and environmental buffer; required widenings of the Major Mackenzie Drive road allowance; approval of the required background studies in support of the application; resolution of the configuration of the fire station site; completion of the Markland Street design and right of way requirements; and satisfactory completion of any additional revisions to the site plan arising from the above noted items;

And that site plan approval be issued following execution of a site plan agreement. Site Plan Approval is issued only when the Director has signed the site plan;

And that staff be directed to do all things necessary to complete the fire station land transfer, and that the Mayor and Clerk be authorized to execute all transfer documents.

CARRIED

26. A REVIEW OF THE TOWN’S STRATEGY
FOR SECOND SUITES (10.0)

Regional Councillors Heath and Wong and Councillor L. Kanapathi volunteered to serve on the Sub-Committee to review the strategy for second suites.

Moved by Councillor J. Webster

Seconded by Regional Councillor T. Wong

That a Subcommittee of Development Services Committee be established to review the continued appropriateness of the Town’s current strategy for second suites and to investigate whether options for a strategy that would apply wider zoning permissions for second suites should be considered for public review and input.

And that the Subcommittee include a cross-section of members of the Development Services Committee, as outlined in this report.

And that the Subcommittee report back to Development Services Committee in the fall on a preferred option(s) for moving forward with a strategy for second suites including a public consultation/engagement process.

CARRIED

27. MARKHAM CENTRE/PD 1-7 AREA
SERVICING REQUIREMENTS (5.3, 5.5)

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the staff report entitled “Markham Centre/PD 1-7, Area Servicing Requirements”, dated June 19, 2007, be received;

And that the principles of an agreement with the PD 1-7 developers for the financing of the Hwy 7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility, storm sewers and the Class Environmental Assessment for Village Parkway, as set out in this report, be endorsed;

And that Mayor and Clerk be authorized to enter into Memorandums of Understanding with developers in the PD 1-7 area related to the construction and financing of the Hwy 7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility, storm sewers and Village Parkway reconstruction, in a form satisfactory to the CAO, Town Solicitor and Town Treasurer;

And that staff report back to Council on all agreements necessary to construct and finance the Highway 7 sanitary sewer, the Lonsmount/Sheridan stormwater management facility and Village Parkway reconstruction for Council approval;

And that the principles of an agreement with Lonsmount Construction for the conveyance of easements and property for the construction of the ultimate Lonsmount/Sheridan stormwater management facility and storm sewers as set out in this report, be endorsed;

And that the Mayor and Clerk be authorized to execute an agreement with Lonsmount Construction Ltd. and other related documents relating to the acquisition of the property and easements over the lands owned by Lonsmount Construction Ltd, as necessary for the purpose of the construction of a stormwater management pond and storm sewers based on the principles set out in this report in a form satisfactory to the Chief Administrative Officer and Town Solicitor;

And that if by July 15, 2007 Lonsmount Construction Ltd. does not provide the necessary permanent and construction easements for the storm sewers and the stormwater management facility then staff be authorized to exercise the storm sewer option on the Sheridan lands;

And that the Mayor and Clerk be authorized to enter into Crossing Agreements with GO Transit to implement the construction of the Highway 7 Sanitary Sewer project, in a form satisfactory to the CAO and the Town Solicitor;

And that staff be authorized to file an amendment to the Class Environmental Assessment Study with the Ministry of the Environment for the Highway 7 sanitary sewer, to provide for the construction of a sanitary sewer on Main Street South Unionville;

And that the Mayor and Clerk to be authorized to enter into agreements with Ontario Realty Corporation and private property owners as may be required to obtain the lands and/or easements necessary to implement the construction of the Highway 7 sanitary sewer project in a form satisfactory to the CAO and the Town Solicitor;

And that if staff are unable to come to an agreement with affected private property owners related to the property requirements by August 31, 2007, that the Town Solicitor, be authorized to apply for approval to expropriate the necessary private properties;

And that the Town Solicitor be authorized to retain a property appraisal firm, a qualified legal surveying firm, and an outside legal firm to assist staff with the negotiation or expropriation procedures pursuant to section 7(1)(h) of the Purchasing By-law (preferred supplier), to be funded from Engineering Capital Budget account 083-6200-6750-005 (Markham Centre Property Acquisition and Design: Ponds 1-7 and SWM 2) to an upset limit of $100,000;

And that staff be authorized to do all things necessary including execution of documents and notices as required by the Expropriations Act;

And that the consultant services to undertake a Class EA study for the reconstruction of Village Parkway be awarded to SNC Lavlin Ltd. in the amount of $96,643.80 exclusive of GST, to be funded from the 2006 Capital Budget account 083-5350-7254-005 (Village Parkway Re-alignment) subject to receipt of funds from developers;

And that the Engineering Department Capital Budget Account 083-5350-7254-005 for the Village Parkway Class Environmental Assessment Study be amended to $96,643.80 to be funded by developers;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

28. MILLIKEN RESERVOIR & PUMPING STATION EXPANSION
CLASS ENVIRONMENTAL ASSESSMENT (5.3)

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the staff report entitled “Milliken Reservoir & Pumping Station Expansion, Class Environmental Assessment” be received;

And that the principles of an agreement between the City of Toronto, the Region of York and Town of Markham regarding the replacement of soccer fields removed as a result of the proposed expansion as set out in this report, be endorsed;

And that subject to confirmation from the City of Toronto and York Region that the principles of agreement are acceptable, the Municipal Class Environmental for the Milliken Mills Reservoir and Pumping Station Expansion prepared by the City of Toronto and the Region of York, be endorsed;

And that in the event that confirmation of the principles of agreement is not received from the City of Toronto and York Region before the expiration of the review period for the Class EA, staff be authorized to notify the Ministry of the Environment of Markham’s objection to the EA including, if necessary, to request for the Ministry to issue a Part II Order for the project;

And that the Mayor and Clerk be authorized to enter into Agreements with the City of Toronto and York Region as required with respect to the removal and replacement of the soccer fields including the conveyance of easements, the scheduling of construction and other items relating to the implementation of the project, in a form satisfactory to the CAO, the Town Solicitor and the Commissioner of Fire and Community Services;

And that the Mayor and Clerk be authorized to enter into a lease agreement with the City of Toronto for the placement of soccer field and baseball diamonds on Toronto’s Milliken site to the satisfaction of the Chief Administrative Officer, Town Solicitor and Commissioner of Fire and Community Services;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

29. MARKHAM SMALL BUSINESS ENTERPRISE CENTRE
BUSINESS PLAN (10.16)

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the report titled, “Markham Small Business Enterprise Centre Business Plan” be received and endorsed;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

30. THORNHILL VEHICULAR INFILTRATION
YONGE STREET AND HIGHLAND PARK BOULEVARD
COMMUNITY UPDATE (5.12)

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the report entitled “Thornhill Vehicular Infiltration – Yonge Street and Highland Park Boulevard Update” dated June 19, 2007, be received;

And that the existing southbound and westbound turn prohibitions along Yonge Street, just north of Steeles Avenue, be maintained;

And that Dr. Dana Cox of Smith Veterinary Hospital and President Jerry Ambrozic of the Grandview Area Ratepayers Association be advised accordingly;

And that Staff be advised and directed to do all things necessary to give effect to this resolution.”

CARRIED

31. ALL WAY STOP CONTROL FOR THE
INTERSECTIONS OF
(1) WILLIAM BERCZY AND CYNTHIA JEAN STREET AND
(2) WILLIAM BERCZY BOULEVARD AND WEATHERILL ROAD (5.12.3)

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the report entitled “All-way Stop Control for the intersections of (1) William Berczy Boulevard and Cynthia Jean Street and (2) William Berczy Boulevard and Weatherill Road” dated June 19, 2007, be received;

And that the request for all-way stop control signs for the intersections of (1) William Berczy Boulevard and Cynthia Jean Street and (2) William Berczy Boulevard and Weatherill Road, be denied.

And that Staff be advised and directed to do all things necessary to give effect to this resolution.”

CARRIED

32. CASTLEMORE AVENUE EXTENSION
WISMER SECONDARY PLAN (5.10)

Report Attachment A Attachment B

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the June 19, 2007 report entitled “Castlemore Avenue Extension, Wismer Secondary Plan” be received;

And that the Mayor and the Clerk be authorized to execute a construction agreement with Wismer Markham Developments Inc. to complete Castlemore Avenue west of Highway 48, including intersection improvements at Highway 48, at its expense, in a form satisfactory to the CAO, Town Solicitor and Town Treasurer;

And that a capital budget be established for the Castlemore Avenue intersection to be financed by Wismer Markham Developments Inc., upon execution of the credit agreement;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

33. TRAFFIC CALMING PROJECT UPDATE (5.12)

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the report entitled “Traffic Calming Project Update”, dated June 19, 2007, be received;

And that Staff report back as to the telephone survey of the six traffic calming streets and next steps;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

34. MARKHAM’S SAFE STREETS STRATEGY
2006/2007 RESULTS AND 2007/2008 PLAN (5.12)

Report Attachment F

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the report entitled “Markham’s Safe Streets Strategy – 2006/2007 Results and 2007/2008 Plan” be received;

And that the Traffic Safety Committee and staff report back with a solution regarding the Police enforcement commitment and traffic calming concerns as identified in this report;

And that Council endorse the 2007/2008 Top 25 List of Enforcement Streets as in Attachment ‘C’;

And that Council endorse the 2007/2008 Top 5 List of Education Streets as in Attachment ‘D’;

And that the Traffic Safety Committee be authorized to adjust the 2007/2008 Top 25 and Top 5 List as needed;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

35. WOODBINE BY-PASS/HIGHWAY 404 CROSSING/
HIGHWAY 404 RAMP EXTENSION UPDATE (5.10)

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the staff report entitled, “Woodbine By-pass/Hwy 404 Crossing/Hwy 404 Ramp Extension Update”, dated June 19, 2007 be received;

Woodbine By-pass

And that Mayor and Clerk be authorized to execute the necessary agreements with the Region of York and the Hwy 404 North Developers for the property acquisition, financing and construction of Phase 2b and 3 of the Woodbine By-pass, in forms satisfactory to the Chief Administrative Officer and the Town Solicitor;

And that the Mayor and Clerk be authorized to execute a maintenance agreement for the Woodbine By-pass with the Region of York to the satisfaction of the Chief Administrative Officer, Town Solicitor and Commissioner of Community and Fire Services;

And that staff report back with the necessary credit agreement to be executed with the 404 North Developers for the financing and construction of the municipal infrastructure (i.e. sanitary sewers, watermain, sidewalk, etc.) to service the Secondary Plan Area, subject to the passage of an ASDC by-law;

And that design and contract administration of the Carlton Creek culvert replacement be awarded to a consultant engineer to be selected by staff and the Region of York, on a preferred supplier basis in the upset limit of $121,157.60 inclusive of GST and disbursements ($119,960 exclusive of GST) subject to receipt of funds from the Region of York;

And that a contingency amount of $15,264 inclusive of GST ($14,400 exclusive of GST) be established to cover additional design fees associated with the Carlton Creek culvert replacement and that the Director of Engineering be authorized to approve the expenditure of this amount up to the specified limit;

And that a 2007 Engineering Department Capital Budget be created for the Carlton Creek culvert replacement at a cost of $145,109 inclusive of Engineering Administration Fees and exclusive of GST to be funded by the Region of York;

Highway 404 ramp extension at Major Mackenzie Drive

And that staff be authorized to file the Class Environmental Study for the Hwy 404 ramp extension at Major Mackenzie Drive with the Ministry of Environment subject to the resolution of the Ministry of Transportation issues to the satisfaction of the Director of Engineering;

And that the purchase order for McCormick Rankin Corporation (P6509 - 404 Northbound ramp extension at Major Mackenzie Dr., EA) for the preparation of the Class EA be increased by $31,900.00 to cover the cost of additional preliminary design work required by Ministry of Transportation, and funded from capital account #083 5350 7272 005, for Highway 404 ramp extension at Major Mackenzie Drive;

404 North Trunk Sanitary Sewer

And that staff be authorized to retain a qualified consulting firm in accordance with the Town’s Purchasing Bylaw to provide detailed design services for Phase 2 of the 404 North trunk sanitary sewer to an upset limit of $460,000 subject to receipt of funds from the Hwy 404 North Developers;

And that a contingency amount of $48,760 inclusive of GST ($46,000 exclusive of GST) be established to cover any additional design fees and that the Director of Engineering be authorized to approve the expenditure of this amount up to the specified limit;

And that a 2007 Engineering Department Capital Budget be created for the design of Phase 2 of the 404 North trunk sanitary sewer in the amount of $536,360 inclusive of Engineering Administration Fees and exclusive of GST to be financed by the Hwy 404 North Developers;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

36. AWARD OF TENDER #050-T-07
WOODBINE NORTH TRUNK SANITARY SEWER (5.5)

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the report entitled “Award of Tender # 050-T-07 Woodbine North Trunk Sanitary Sewer – Phase 1,” be received;

And that the tender be awarded to the lowest price qualified bidder, Pachino Construction Co. Ltd in the total amount of $4,460,642.00 exclusive of GST, subject to the completion of all conditions as outlined in this report to the satisfaction of the CAO, Town Solicitor, Town Treasurer and Director of Engineering;

And that a contingency amount of $535,000.00 exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit and to provide monthly statements of these expenditures to the Town Treasurer;

And that a contingency amount of $25,000 exclusive of GST be established to cover any additional construction inspection and contract administration costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

And that staff be authorized to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical and materials testing services during construction for an upset limit not to exceed $ 65,000 exclusive of GST;

And that staff be authorized to retain a qualified hydrogeological consulting firm in accordance with the Town’s purchasing bylaw to provide dewatering monitoring services during construction for an upset limit not to exceed $85,000 exclusive of GST;

And that a contingency amount of $50,000 exclusive of GST be established to cover the Town’s estimated share of the joint well monitoring program with the Cathedral Group and that the Director of Engineering be authorized to approve up to the specified limit;

And that the Capital Budget, account 83-5350-7346-005, be amended to $5,838,835 to be funded based on schedule in the financial consideration section of this report;

And that the amount of Town financing to the 404 North Employment Lands Developers for their share of the design and construction of the Hwy 404 Sanitary Sewer be increased from $1,922,605 (as approved by Council on April 11, 2006) to $2,278,509;

And that upon payment of all the invoices, any remaining funds be returned to the original funding source;

And that staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.”

CARRIED

37. WORK PROGRAM AND TERMS OF REFERENCE FOR
MARKHAM TRANSPORTATION MASTER PLAN (5.14)

Report Att 1 Att 2 Att 3

Moved by Mayor Scarpitti

Seconded by Councillor A. Chiu

That consideration of the following recommendation be deferred to the June 26, 2007 meeting of Development Services Committee:

“That the presentation and draft report entitled “Work Program and Terms of Reference for Markham Transportation Master Plan” dated June 19, 2007, be received;

And that the draft Work Program and Terms of Reference for the Markham Transportation Master Plan be approved in principle by Council;

And that Council endorse the establishment of a Steering Committee to finalize the terms of reference and to oversee the preparation of the Markham Transportation Master Plan;

And that Council appoint members of Council to the Steering Committee;

And that staff report back to Council with the final Work Program, Terms of Reference for the Markham Transportation Master Plan, and the recommended consultant selection in Fall, 2007;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.”

CARRIED

38. ENGINEERING DEPARTMENT
MAJOR CAPITAL PROJECT UPDATE (5.0)