MINUTES

DEVELOPMENT SERVICES COMMITTEE

2006-12-12

Meeting No. 1

All Members of Council

Development Services Economic Development

Chair: Regional Councillor J. Jones Chair: Regional Councillor T. Wong

Vice-Chair: Councillor J. Webster

PART A - 12:00 noon

PART B - 1:00 p.m. - Council Chamber

Attendance

Mayor F. Scarpitti Regional Councillor J. Heath Regional Councillor T. Wong Regional Councillor G. Landon Councillor V. Burke Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services R. Blake, Manager, West District M. Boyce, Senior Policy Coordinator A. Brown, Director of Engineering C. Conrad, Town Solicitor T. Lambe, Manager, Policy and Research V. Shuttleworth, Director of Planning and Urban Design N. Surti, Planner K. Bavington, Committee Clerk

The Development Services Committee convened at the hour of 12:00 p.m. in the Council Chamber with Councillor J. Webster in the Chair. Regional Councillor J. Heath assumed the Chair for Item # 11.

DISCLOSURE OF INTEREST

Regional Councillor G. Landon disclosed an interest with respect to Item # 11, the proposal by the Markhaven Foundation, by nature of being a Director of the Foundation, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

Councillor J. Webster disclosed an interest with respect to Item # 11, the proposal by the Markhaven Foundation, by nature of being on the Board of the Markhaven Foundation, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

1. NINTH LINE AND BUR OAK AVENUE
CONSTRUCTION SCHEDULE (5.10)

Staff provided an update on two road construction projects. The Bur Oak extension to Highway 7 is expected to be paved by the end of next week, but will not be opened until January or February. Intersection improvements at Highway 7 will be done in the spring.

The 9th Line By-pass through the Box Grove Community had been anticipated to be open by the end of 2006, but will not be completed until spring. Delay factors have been the wet fall weather and Highway 407’s limitation of the hours of operation to 5 hours per day. In response to Committee’s concern regarding traffic disruption, staff advised that at least one lane will always be open. Staff was requested to forward the status of the lights at Bur Oak and 16^th Avenue to the Committee. It was noted that more improvements may be required at this intersection.

Tom Farrar, President of the Box Grove Ratepayers Association, questioned the delays to the improvements, and suggested that the south end of the by-pass be opened from 14^th Avenue to 9th Line to provide some relief.

Staff responded that the two critical timing components to the project are property acquisition and approvals, and confirmed that the 407 has legal control over the corridor and can dictate hours of operation. Interim opening of the south interface had been considered, however a left turn would still be required and the Region did not consider it to be safe.

Dave Stewart of TACC suggested temporary closure of 9^th Line from the 407 ramp south to Rougebank, for 8 weeks, would speed up construction, but would not enable the deadline to be met.

Committee expressed disappointment that the deadlines were not fulfilled, and that Highway 407 was not being cooperative. The Mayor and Regional Councillor J. Heath offered to meet with 407, and asked staff and Mr. Stewart to provide an e-mail summarizing their requirements and the potential advantage. It was suggested that Highway 407 be used as a detour for this project, as well as a detour for truck traffic from Highway 48. Mr. Farrar suggested discussions with 407 include increasing the intersection at 9^th Line to a full intersection.

Staff will follow up on the scenarios discussed and provide a further update. The Committee requested staff to e-mail a colour-coded phased map to the members.

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor J. Heath

That the presentation by staff, the developer, Mattamy, and Dave Stewart of TACC, regarding the Ninth Line and Bur Oak Avenue construction schedule, be received.

CARRIED

2. YONGE STREET RAPID TRANSIT UPDATE
YORK REGION TRANSIT (13.4, 5.14)

Mary Frances Turner, Executive Co-ordinator of York Region Transit gave a presentation regarding the Yonge Street rapid transit project.

Ms. Turner advised of the growing ridership and continuing improvements, and that York Region residents give rapid transit issues a high priority. Phase 1 (2003-2005) is completed and Phase 2 (2006-2013) is underway. Preliminary engineering is now proceeding for the transitway segments along the Yonge Street corridor, with construction slated to begin in 2008. This will involve contacting property owners to acquire necessary land, and working closely with Markham.

The Ward Councillor stated that the residents in Thornhill want a pedestrian-friendly system, and they will work with the Region to resolve concerns, such as the widening of Yonge Street and burying hydro lines.

Committee discussed Highway 407 crossings and fly-overs, and financing. Ms. Turner advised that Regional and Provincial funding has been obtained, but the Federal government has not contributed.

Moved by: Regional Councillor T. Wong

Seconded by: Regional Councillor J. Heath

That the presentation by Mary Frances Turner, Executive Co-ordinator of York Region Transit regarding a Yonge Street rapid transit update, be received.

CARRIED

3. PRESENTATION OF SERVICE AWARDS (12.2.6)

The following staff were presented with service awards:

William Vliek, Fire Mechanic Assistant, Fire & Emergency Services – 35 years

Una Allette, IMS Clerk, Waterworks – 20 years

Graham Beach, Waterworks Operator 2, Waterworks – 3 years

Blair Labelle, Committee Clerk, Clerk’s Department – 3 years

Ian Robertson, Arborist, Parks Maintenance, Forestry – 3 years

John Webster, Councillor, Ward 5 – 3 years

Elana Yellen, Program Coordinator, Markham Museum – 3 years

Thomas Yeung, Project Manager, Asset Management – 3 years

4. DEVELOPMENT SERVICES COMMITTEE MINUTES
- November 21, 2006 (10.0)

Minutes

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That the minutes of the Development Services Committee meeting held November 21, 2006, be confirmed.

CARRIED

5. HERITAGE MARKHAM COMMITTEE MINUTES
- November 8, 2006 (16.11)

Minutes

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That the minutes of the Heritage Markham Committee meeting held November 8, 2006, be received for information.

CARRIED

6. CORNELL ADVISORY GROUP MINUTES
- October 19, 2006 (16.34)

Minutes

A recommendation by the Cornell Advisory Group regarding an additional 10,000 square feet for the East Markham (Cornell) Library was referred to staff for review. Committee directed that the response from staff include information on square footage to population calculations.

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor T. Wong

That the minutes of the Cornell Advisory Group meeting held October 19, 2006, be received for information;

And that the recommendation of the Cornell Advisory Group on October 19, 2006, for an additional 10,000 square feet to be considered for the East Markham (Cornell) Library, be referred to staff and the Library Board for review.

CARRIED

7. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF OCTOBER 14, 2006 TO NOVEMBER 17, 2006 (10.0)

Report

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of October 14, 2006 to November 17, 2006” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

8. DELEGATED APPROVALS UNDER BY-LAW 2002-202
(DM 2001-03) (10.6)

Report

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

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 December 12, 2006.

CARRIED

9. KRASHNIK INVESTMENTS LTD.
9829, 9833 & 9855 HIGHWAY NO. 48
ZONING BY-LAW AMENDMENT TO REZONE FROM
SELECT INDUSTRIAL AND WAREHOUSING (M.I) TO
MAJOR COMMERCIAL (MJC) ZONE (ZA 06 128721) (10.5)

Report Attachment

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That a Public Meeting be held to consider a Zoning By-law Amendment application (File No. ZA 06 128721) by Krashnik Investments Ltd. to rezone the lands located on the east side of Highway No. 48, south of Major Mackenzie Drive, municipally known as 9829, 9833 & 9855 Highway No. 48, from Select Industrial and Warehousing (M.I) to Major Commercial (MJC) Zone.

CARRIED

10. 2097358 ONTARIO INC., 7781 KENNEDY ROAD
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
TO PERMIT A RETIREMENT HOME, PERMIT OFFICE
USES IN AN EXISTING HISTORICAL DWELLING, AND
RECOGNIZE AN EXISTING PRIVATE MONTESSORI SCHOOL
(OP 06 132013, ZA 06 131954) (10.3, 10.5)

Report Attachment

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That the report dated December 12, 2006 entitled “PRELIMINARY REPORT, 2097358 Ontario Inc. Official Plan and Zoning By-law amendment applications to permit a retirement home, permit office uses in an existing historical dwelling, and recognize an existing private Montessori school at 7781 Kennedy Road (OP.06-132013 and ZA.06-131954)” be received;

And that staff be authorized to schedule a Public Meeting to consider the Official Plan and Zoning By-law amendment applications following a Public Information Meeting and when the issues identified in this report have been addressed, to the satisfaction of staff.

CARRIED

11. THE MARKHAVEN FOUNDATION, N/E CORNER
OF MCCOWAN ROAD AND MAJOR MACKENZIE DRIVE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
TO PERMIT A SEVERANCE (OP 06 129531, ZA 06 129536) (10.3, 10.5)

Report Attachment

Regional Councillor J. Heath assumed the Chair for Item # 11.

Regional Councillor G. Landon disclosed an interest with respect to the proposal by the Markhaven Foundation, by nature of being a Director of the Foundation, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

Councillor J. Webster disclosed an interest with respect to the proposal by the Markhaven Foundation, by nature of being on the Board of the Markhaven Foundation, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

Moved by: Councillor C. Moretti

Seconded by: Regional Councillor T. Wong

That a public meeting be held to consider the application submitted by The Markhaven Foundation for Official Plan and Zoning By-law Amendments to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive.

CARRIED

12. RENAMING PORTIONS OF ROADS AFFECTED BY
EXISTING AND PROPOSED ROAD REALIGNMENTS (10.14)

Report Attachment

Staff was directed to report back to Committee on the request of the residents of Locust Hill to name the connector road north of Locust Hill as “Locust Hill Lane”, and to check on the reference to the Markham By-pass “north”.

Staff was also directed that instead of “Old Woodbine Avenue” and “Old Highway 7” the names make reference to Victoria Square or the Cathedral, and that further discussions be brought to a Part A session. Staff invited Councillors to submit name suggestions.

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Heath

That the report entitled “Renaming Portions of Roads Affected by Existing and Proposed New Road Realignments”, dated December 12, 2006, be received;

And that the Town of Markham rename the Town owned sections of the old Markham By-Pass, north and south of 16^th Avenue, to Cornell Centre Boulevard;

And that the Town of Markham request the Region of York to name the Woodbine Avenue By-Pass as Woodbine Avenue;

And that the naming of the by-passed portion of Highway 7, east of Locust Hill, and of the future by-passed portion of existing Woodbine Avenue, be referred back to staff for a Part A discussion.

CARRIED

Note: At C.C.C. on December 13, the whole matter was referred to a Part A session.

13. 1617834 ONTARIO LIMITED, 156 BULLOCK DRIVE
ZONING BY-LAW AMENDMENT TO PERMIT A
RESTAURANT USE (ZA 05 026995) (10.5)

Report Attachment

Staff gave brief explanation of the proposal.

Terry Brown, 128 Sherwood Forest Drive, described his concerns regarding noise and dust from construction, vehicular activity, bright lights at night, and the potential impacts as a gathering place.

James Worsley, 126 Sherwood Forest Drive, asked for clarification of the proposal. Staff advised it is for a 100 sq. m. self-serve restaurant with no drive-through facilities. Mr. Worsley supported the comments made by Mr. Brown, and added a concern for the hours of operation.

Staff clarified the issues that have been addressed since the Public Meeting and advised that the applicant has agreed to provide an undertaking to limit the hours of operation to 8 a.m. to 6 p.m. By-law enforcement is pursuing noise and other issues. Lighting complaints will also be addressed prior to adoption of the proposed by-law.

Committee directed that the undertaking for hours of operation be registered with the site plan, to ensure it will be in place for future owners. The Ward Councillor agreed to meet on site with staff, residents, and the applicant prior to the Council meeting scheduled for December 19, 2006.

Alex Shaw of Peak Garden Developments Inc., representing the applicant, advised that shields have already been put on the lights, and that the applicant is willing to work with staff to resolve the concerns.

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor J. Heath

That the following resolution be referred to Committee of the Whole on December 19, 2006:

“That Zoning By-law Amendment application (ZA 05 026995) to amend By-law 1229, as amended, submitted by 1617834 Ontario Limited to permit a restaurant use at 156 Bullock Drive, be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’, be finalized and enacted”;

And that the Ward Councillor, staff, residents, and the applicant meet on site to resolve issues relating to illumination, noise and hours of operation, prior to Council considering this matter;

And that staff provide an update on required undertakings and site plan conditions to address the issues.

CARRIED

14. TRI-BLOCK GROUP LTD.
WHITE’S HILL AVENUE IN THE CORNELL COMMUNITY
REZONING APPLICATION TO PERMIT 6 SEMI-DETACHED
DWELLINGS (ZA 04 015352) (10.5)

Report Attachment

Moved by: Regional Councillor G. Landon

Seconded by: Regional Councillor T. Wong

That the staff report entitled “Recommendation Report. Rezoning application by Tri-Block Group Ltd to permit 6 semi-detached dwellings on White’s Hill Avenue in the Cornell Community,” dated December 12, 2006, be received;

And that zoning amendment application (ZA 04-015352) to amend By-law 304-87 and By-law 177-96, as amended, submitted by Tri-Block Group Ltd for lands on White’s Hill Avenue, be approved and the draft implementing zoning by-laws attached as Appendix ‘A’ be finalized and enacted;

And that servicing allocation for 5 semi-detached units (15.1 population) be granted to Tri-Block Group Ltd from the total servicing allocation granted to the Cornell Community to date by the Town and the Region of York;

And that the Region of York be advised of the servicing allocation for this development;

And that the Town reserve the right to revoke or reallocate servicing allocation at its sole discretion;

And that the applicant agree to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering.

CARRIED

15. REQUEST FOR APPROVAL TO SHORT-LIST CONSULTANTS
FOR THE YONGE-STEELES CORRIDOR STUDY (10.8)

Report Attachment

Committee discussed the possibility of a joint study with Vaughan, and was advised that Markham’s Secondary Plan requires the study to assist in updating the policy and urban design framework to guide incoming development applications. The study will assist the Town and residents should any applications be appealed to the Ontario Municipal Board. Staff are not aware of any plans by Vaughan for a similar study, and a joint project may prolong the timeline. The residents of Vaughan will be welcome to participate in the public consultation process and Vaughan Council and staff can also be involved in any overlap issues, but the study would not directly include Vaughan lands.

Committee suggested consideration be given to forming a Working Group consisting of the Ward Councillor and other members of Council.

Moved by: Councillor V. Burke

Seconded by: Regional Councillor J. Heath

That the report entitled: “Request for Approval to Short-list consultants for the Yonge-Steeles Corridor Study” be received;

And that staff be authorized to send requests for proposals for the above noted study to five lead consulting firms, including Urban Strategies; The Planning Partnership; David Butler Associates; Meridian Planning Consultants; and Sorensen Gravely Lowes Planning Associates, and to retain a preferred consultant from this list of firms;

And that Council pre-approve the remaining budget of $100,000 for the 2007 Capital Project #7331 – Yonge-Steeles Corridor Study from the proposed 2007 Capital Budget.

CARRIED

16. MILLER PAVING LIMITED, 7781 WOODBINE AVENUE
DRAFT PLAN OF SUBDIVISION (19TM-06001)
AND IMPLEMENTING ZONING AMENDMENT APPLICATIONS
TO CREATE INDUSTRIAL AND COMMERCIAL DEVELOPMENT
BLOCKS ON THE EAST SIDE OF WOODBINE AVENUE
NORTH OF 14TH AVENUE (SU.06-105672 AND ZA.04-017225) (10.5, 10.7)

Report Attachment

Staff advised that the applicant has requested to negotiate development standards in the zoning by-law amendment, including maximum store size provisions, and the by-law may need to come back to Committee before going to Council.

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor G. Landon

That the report dated December 12, 2006 entitled “Miller Paving Limited, 7781 Woodbine Avenue, Application for Draft Plan of Subdivision (19TM-06001) to create industrial and commercial development blocks on the east side of Woodbine Avenue north of 14^th Avenue (SU.06-105672)” be received;

That the record of the Public Meeting held on May 16, 2006, regarding the proposed plan of subdivision be received;

That staff be authorized to schedule a Public Meeting to consider an official plan amendment to designate 11.9 ha (29.4 acres) of the subject property from INDUSTRIAL to INDUSTRIAL – General Industrial, in order to confirm the intended sub-category of Industrial use in the Official Plan;

That draft plan of subdivision 19TM-06001 located on the east side of Woodbine Avenue, north of 14^th Avenue, proposed by Miller Paving Limited, be draft approved subject to the “red line” revisions and conditions outlined in Appendix ‘A’;

That the applications to amend Zoning By-laws 2284-68 and 177-96 be approved and the implementing Zoning By-laws set out in Appendix ‘B’ be finalized and enacted;

That the Chief Administrative Officer and the Commissioner, Community and Fire Services, report back to the Council regarding the details of the terms and conditions of a Purchase and Sale Agreement with respect to land exchange/sale between the Town and Miller Paving Ltd.;

That the Purchase and Sale Agreement between the Town and Miller Paving Ltd is to be executed prior any final approval of the plan of subdivision for registration;

That the required Phasing Agreement and Environmental Management Plan shall address the timing of development, infrastructure, site remediation, and decommissioning and relocation of the existing Miller Paving operation, to the satisfaction of the Town;

That the applicant provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357); and

That the draft plan of subdivision approval shall lapse after a period of three years, commencing on December 19, 2006, unless extended by the Town upon application by the Owner.

CARRIED

PART C

Public Meeting

7:00 p.m. - Council Chamber

Attendance

Mayor F. Scarpitti Regional Councillor J. Heath Regional Councillor T. Wong Regional Councillor G. Landon Councillor V. Burke Councillor C. Moretti Councillor J. Webster Councillor L. Kanapathi

R. Blake, Manager, West District S. Bordone, Planner V. Shuttleworth, Director of Planning and Urban Design K. Bavington, Committee Clerk

The Development Services Committee convened at the hour of 7:00 p.m. in the Council Chamber with Councillor J. Webster in the Chair.

DISCLOSURE OF INTEREST – None Declared

17. ROYAL DAVID REALTY INC., 2300 JOHN STREET
NORTHEAST CORNER OF LESLIE AND JOHN STREETS
WITHIN THE THORNHILL SECONDARY PLAN AREA
ZONING BY-LAW AMENDMENT TO AMEND THE LIST OF
PERMITTED USES (ZA 06 121015) (10.5)

Report Attach

The Chair advised that the subject of the Public Meeting this date was to consider the proposed Zoning By-law amendment, File ZA 06 121015, submitted by Royal David Realty Inc., to amend the list of permitted uses as 2300 John Street.

Committee was advised that 215 notices were mailed on November 22, 2006, and a Public Meeting sign was posted on November 20, 2006. There were no written submissions received.

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues.

There were no comments from the public with respect to this application, and the Committee had no concerns.

Moved by: Deputy Mayor F. Scarpitti

Seconded by: Regional Councillor G. Landon

That the report from the Development Services Commission dated October 17, 2006, entitled “Application for Zoning By-law Amendment to amend the list of permitted uses at 2300 John Street” be received;

And that the record of the Public Meeting held on December 12, 2006, with respect to the proposed amendment to By-law 2571, as amended, be received;

And that the application by Royal David Realty Inc. to amend By-law 2571, as amended, be approved;

And that the proposed amendment to By-law 2571, as amended, be enacted without further notice.

CARRIED

ADJOURNMENT

The Development Services Committee meeting adjourned at the hour of 7:10 p.m.