M I N U T E S

DEVELOPMENT SERVICES COMMITTEE

2003-11-18

Meeting No. 19

PART A - 11:30 a.m. - Council Chamber

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

Attendance

Chair: Councillor G. McKelvey Vice Chair, Markham Centre: Councillor D. Horchik Vice Chair, Economic Development: Regional Councillor B. O'Donnell Members: Mayor D. Cousens Regional Councillor F. Scarpitti (12:15) Councillor S. Daurio Councillor J. Virgilio (12:00) Councillor J. Heath Councillor A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services C. Conrad, Town Solicitor A. Brown, Director of Engineering S. Chait, Director of Corporate Strategy & Quality Office V. Shuttleworth, Director of Planning and Urban Design D. Clark, Town Architect T. Lambe, Manager, Policy and Research B. Karumanchery, Senior Project Coordinator L. Wheeler, Senior Planner D. Ciastko, Economic Development Officer K. Bavington, Committee Clerk

The Development Services Committee convened at the hour of 11:35 a.m. in the Council Chamber with Councillor G. McKelvey in the Chair.

DISCLOSURE OF INTEREST - none declared

1. ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL SUBDIVISIONS
(REGISTERED PLAN NUMBERS 65M-3349 AND 65M-3327)
ENGINEERING FILE # 2116 PHASE III AND # 3064 (10.7) Weblink

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That the services in Subdivision, Registered Plan Numbers 65M-3349 and 65M-3327, be accepted;

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

And that the Community Services Commission assume the responsibility for operating and maintaining the infrastructure within the Subdivisions as part of the Town’s system;

And that acceptance of the Subdivisions be taken into consideration in future operating budgets;

And that the by-law to amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to the indicated streets, be approved;

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

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

2. DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
THE PETER PIKE HOUSE, 9451 9^TH LINE
AND THE WILLIAM GRANT HOUSE, 7006 16^TH AVENUE
14400106 ONTARIO INC. /METRUS DEVELOPMENT INC. (16.11.3) Weblink

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That Heritage Markham’s recommendation to designate the Peter Pike House at 9451 9^th Line and the William Grant House at 7006 16^th Avenue under Part IV of the Ontario Heritage Act be approved;

And that the Clerks Department be authorized to:

• publish and serve Council’s Notice of Intention to Designate as per the requirements of the Act; and,
• prepare the Designation By-law for this property.

3. DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
THE CAPTAIN ROBERT REESOR HOUSE, 8042 REESOR ROAD
(16.11.3) Weblink

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That Heritage Markham’s recommendation to designate the Captain Robert Reesor House at 8042 Reesor Road under Part IV of the Ontario Heritage Act be approved;

And that the Clerks Department be authorized to:

· publish and serve Council’s Notice of Intention to Designate as per the requirements of the Act; and

· prepare the Designation By-law for this property;

And that the Province of Ontario be requested to enter into a heritage conservation easement agreement with the Town, prior to the transfer of the property from Provincial ownership.

4. DUFFINS AND CARRUTHERS CREEK WATERSHED PLAN
MI.424 (5.7) Weblink

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That the staff report entitled “Duffins Creek and Carruthers Creek Watershed Plan” dated November 18, 2003, be received;

And that the Town endorse in principle the Watershed Plan for Duffins Creek and Carruthers Creek, recognizing further clarification is required with respect to implementation mechanisms, funding arrangements, Provincial Technical Guidelines for the Oak Ridges Moraine and emerging Provincial Source Protection policies;

And that staff continue to work co-operatively with the Toronto and Region Conservation Authority, the Region of York and other municipalities, agencies, residents and stakeholders, as appropriate, to implement the Duffins Creek and Carruthers Creek Watershed Plan within the Town of Markham;

And further that the staff work cooperatively with the Toronto and Region Conservation Authority in developing an appropriate implementation body to oversee the long-term implementation of the recommendations within the Watershed Plan.

5. 1305268 ONTARIO INC. (ROYAL CROWNET DEVELOPMENTS)
9765 KENNEDY ROAD, BERCZY VILLAGE COMMUNITY
APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT
22 SINGLE FAMILY DETACHED CONDOMINIUM DWELLINGS
(ZA.03-115678)(10.5) Weblink

The Committee had before it, correspondence from James Okawa of Brutto Land Management Consulting, representing the 1305268 Ontario Inc., requesting deletion of the application by 1305268 Ontario Inc. (Royal Crownet Developments) for 9765 Kennedy Road from the agenda.

Moved by: Councillor J. Virgilio

Seconded by: Regional Councillor F. Scarpitti

That correspondence from James Okawa of Brutto Land Management Consulting, representing the 1305268 Ontario Inc., requesting deletion of the application by 1305268 Ontario Inc. (Royal Crownet Developments), File ZA.03-115678, for 9765 Kennedy Road from the agenda, be received;

And that the application by 1305268 Ontario Inc. (Royal Crownet Developments) for 9765 Kennedy Road be deferred to Council on November 25, to allow the applicant to attend and explain why a further deferral is warranted.

6. MARKHAM CENTRE, FINAL PERFORMANCE MEASURES (10.8) Weblink

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That the final Performance Measures Document – The Markham Centre Vision for Sustainability and Smart Growth, dated October 31, 2003, and attached to the staff report dated November 18, 2003 as Appendix A, be endorsed by Council and appended to the Markham Centre Secondary Plan (OPA 21).

7. REQUEST FOR COUNCIL ENDORSEMENT FOR THE
TOWN OF MARKHAM TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH METRUS DEVELOPMENT INC. REGARDING
A PARCEL OF INDUSTRIAL LAND LOCATED ON THE WEST SIDE
OF MARKLAND STREET SOUTH OF HILLMOUNT DRIVE (SA 00 243887)
(10.7) Weblink

Moved by: Councillor D. Horchik

Seconded by: Regional Councillor B. O'Donnell

That the report entitled “Request for Council Endorsement for the Town of Markham to enter into a development agreement with Metrus Development Inc. regarding a parcel of industrial land located on the west side of Markland Street south of Hillmount Drive”, File SA 00 243887; be received;

And that Council direct staff to prepare a development agreement, to be executed by the Town of Markham and Metrus Development Inc. which will address, among other things, the required land dedications, road construction, public works, financial requirements and securities associated with the registration of the reference plan on the subject lands, to the satisfaction of the Commissioner of Development Services, CAO and Town Solicitor;

And further that the Town not take title to the public use lands on the reference plan (i.e. roads and environmental buffer) until such time as the required development agreement has been executed to the satisfaction of the Town.

8. 19^TH AVENUE HYDROGEOLOGICAL STUDY (5.3) Weblink

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That the staff report dated November 18, 2003, entitled "19^th Avenue Hydrogeological Study" be received;

And that the Region of York be requested to collect additional ground water level data within the shallow monitoring wells in the vicinity of 19^th Avenue prior to proceeding with dewatering for Phase II;

And that Paul Jankowski, Director of Transportation and Works Department at the Region of York be advised accordingly.

9. NINTH LINE DEVELOPMENTS LIMITED AND HUMBOLD
PROPERTIES LIMITED, 9642 9^TH LINE
PROPOSED PLAN OF SUBDIVISION AND IMPLEMENTING
ZONING BY-LAW AMENDMENT, GREENSBOROUGH COMMUNITY
(SU 02 117632 (19TM-02013), ZA 02 117695)(10.5, 10.7) Weblink

Moved by: Regional Councillor F. Scarpitti

Seconded by: Regional Councillor B. O'Donnell

That the first phase (330 units) of draft plan of subdivision 19TM-02013 (SU 02 117632) located north of Castlemore Avenue, west of 9^th Line, proposed by Ninth Line Developments Limited and Humbold Properties Limited, be draft approved subject to the conditions outlined in Appendix 'A' attached to the staff report dated November 18, 2003;

And that zoning application (ZA 02 117695) to amend By-laws 304-87, as amended, and 177-96, as amended, submitted by Ninth Line Developments Limited and Humbold Properties Limited, for lands located north of Castlemore Avenue, west of 9^th Line, be approved and the implementing Zoning By-laws attached as Appendix 'B' to the staff report dated November 18, 2003, that includes an “H” (Hold) provision for the second phase of draft plan of subdivision 19TM-02013 (229 units), be enacted;

And that the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);

And that water supply allocation for 300 units be granted to Ninth Line Developments Limited and Humbold Properties Limited subject to written confirmation from the Trustee of the Greensborough Developers’ Group that water supply has been made available from the total allocation granted to the Greensborough Community by the Town;

And that the Town reserves the right to revoke or reallocate water supply allocation should the development not proceed in a timely manner;

And that the Region of York be advised of the sewage and water supply allocation for this development;

And that the conditions of draft approval (Appendix ‘C’ attached to the staff report dated November 18, 2003) for the second phase of draft plan of subdivision 19TM-02013 (SU 02 117632) (229 units) located north of Castlemore Avenue, east of the GO Transit rail corridor, proposed by Ninth Line Developments Limited and Humbold Properties Limited, be endorsed by Council and that Council approve and enact a Delegation By-law (Appendix ‘D’ attached to the staff report dated November 18, 2003) to allow for the draft approval for the second phase of draft plan of subdivision 19TM-02013 to be delegated to the Commissioner of Development Services, with such issuance to occur when additional water allocation is confirmed by the Region of York and allocated to the Greensborough Secondary Plan area;

And that the conditions of draft plan approval for plan of subdivision 19TM-20003 (Ninth Line Developments Limited) dated January 22, 2001 and signed by the Director of Planning, be amended to reflect the transfer of all water allocation for that plan (25 units) to this draft plan of subdivision 19TM-02013-Phase 1;

And that the subdivision agreement for registered plan of subdivision 65M-3642 (Greensborough Town Centre Limited) be amended to reflect the transfer of water allocation for 34 units to this draft plan of subdivision 19TM-02013 - Phase 1 (5 units) and draft approved plan of subdivision 19T-95011 (Pam Grey Holdings) (29 units);

And that Ninth Line Developments Limited and Humbold Properties Limited, and Greensborough Town Centre Limited enter into agreements with the Town to prohibit pre-sales of units for which water allocation has not been granted within draft approved plan of subdivision 19TM-20003, registered plan of subdivision 65M-3642 and Phase 2 of the proposed plan of subdivision until water allocation is confirmed by the Region of York and assigned by the Town, in accordance with the Town's water allocation policy, as amended from time to time;

And that a Public Meeting be held to consider an application submitted by Ninth Line Developments Limited and Humbold Properties Limited and Greensborough Town Centre Limited to add an ‘H’ (Hold) provision relating to water allocation to the existing zoning for draft approved plan of subdivision 19TM-20003 (Ninth Line Developments Ltd.) and to amend the existing ‘H’ (Hold) provision for Plan 65M-3642 with respect to water allocation;

And that the required amendment to the conditions of draft plan approval for plan of subdivision 19TM-20003 (Ninth Line Developments Limited), amendment to the subdivision agreement for registered plan of subdivision 65M-3642 (Greensborough Town Centre Limited), agreements with the Town to prohibit pre-sales of units within draft approved plan of subdivision 19TM-20003, registered plan of subdivision 65M-3642 and Phase 2 of the proposed plan of subdivision and the addition of an ‘H’ (Hold) provision relating to water allocation for the zoning for draft approved plan of subdivision 19TM-20003 shall have been completed to the satisfaction of the Commissioner of Development Services prior to the Director of Planning and Urban Design signing the final draft approval for Phase 1 of the draft plan of subdivision 19TM-02013.

10. UTILITY MANAGEMENT (10.0) Weblink

Moved by: Regional Councillor B. O'Donnell

Seconded by: Mayor D. Cousens

That the YDUCG Model Utility Procedures Manual, to provide a consistent guideline for the installation of utilities in the Town’s right-of-ways, be adopted;

And that staff from the Operations and Asset Management Department be authorized to continue to participate in the York/Durham Municipalities Utility Coordination Group as stewards of the manual;

And that staff report back to Council whenever there are revisions to the manual representing significant policy changes;

And that staff be authorized to update the Utility Procedures Manual, as required, in consultation with the York/Durham Municipal Coordinating Group, Utility Companies and the Urban Development Industry;

And that the Commissioner of Community and Fire Services, CAO and Town Solicitor be authorized to negotiate Municipal Access Agreements with the utility companies for a term of 5 years and that the Mayor and Clerk be authorized to execute the agreements;

And that in accordance with the Markham Core Services Review, responsibility for the management of utility coordination and municipal access agreements be transferred from the Engineering Department (Development Services Commission) to the Operations and Asset Management Department (Community and Fire Services Commission).

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Other Matters considered by the Development Services Committee on November 18, 2003:

11. HYDRO ONE - PARKWAY TS TRANSFORMER FACILITY (13.8)

Yuri Huminilowycz, Gary Schnieder, and Carmine Marcello of Hydro One, made a presentation regarding the Parkway TS Transformer Facility. The Committee received a copy of correspondence from Carmine Marcello to Mayor Don Cousens, dated November 11, 2003 regarding the electrical supply to southern York Region and the Open House to be held November 25, 2003.

The presentation included an explanation of the proposed 170 acre Transformer Station (TS) site at the southwest corner of Highway 407 and Warden Avenue, and the 6.5 km expanded transmission line from the Parkway TS to the Richmond Hill TS.

Committee requested the structure of the Transformer Station be located as close to the northerly limit of the property as possible, to minimize the loss of employment land, and that more effort be put into landscape and buffering the site. It was also requested that Hydro One provide detailed landscape and remediation plans for the Maple Bush site in north Thornhill.

Staff advised that landscape, storm water management, environmental issues, and structure location can be dealth with through the site plan process.

Moved by: Regional Councillor B. O'Donnell

Seconded by: Councillor A. Chiu

That the presentation by Yuri Huminilowycz, Gary Schnieder and Carmine Marcello of Hydro One Hydro regarding the Parkway TS Transformer Facility, be received;

And that the Town, represented by Mayor Don Cousens, Deputy Mayor Frank Scarpitti, Regional Councillor Bill O'Donnell, Jim Baird and John Livey meet with Regional and Transit representatives and Hydro One, regarding site plan issues.

12. MARKHAM CENTRE UPDATE (10.8)

Staff made a presentation regarding the Markham Centre Workshops being held on November 24 and 25, 2003.

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That the staff presentation regarding the Markham Centre Workshops, be received.

13. REGIONAL CAPITAL PROJECTS (5.10, 13.4.3)

Committee discussed the prioritization of Capital Projects by the Region of York, and directed staff to report back to Committee of the Whole on November 25, 2003, with a resolution that will convey the Town's urgent concern with this issue.

Moved by: Councillor Dan Horchik

Seconded by: Mayor Don Cousens

That staff report to Committee of the Whole on November 25, 2003, regarding:

- the timing of Regional capital projects (ie: Warden Avenue and Highway 7)

- the impacts on other projects if projects and funds are re-prioritized

- Regional revenue/expenditures for roads in Markham

- benefits of an additional $4.5m expenditure in the Regional budget

- status of EAs/design for current projects;

And that staff provide a draft resolution that will convey to the Region, the Town of Markham's urgent concern for current prioritization of capital projects.

14. PRESENTATION OF SERVICE AWARDS (12.2.6)

The following employees were presented with service awards:

Barbara Roth, Director of Leisure & Culture - 25 years

Joseph Holley, Building Inspector 2, Building Services - 15 years

Cheryl Ann Leask, Planning Clerk, Development Commissioner's Office - 15 years

Barbara Sharp, Customer Service Representative, Building Services - 15 years

Christine Wilson, Administrative Assistant III, Economic Development - 15 years

Bob Beauchamp, Roads Lbourer/Driver, Roads Maintenance - 5 years

Arup Mukherjee, Manager, Transportation Engineering - 5 years

Leigh Gibson, Environmental Inspector, Waste Management - 3 years

Raymond Johnston, Mechanical Plan Examiner, Building Services - 3 years

Geoff McKnight, Manager, Strategy and Business Planning, Development Services - 3 years

Selva Thuraiappah, Financial Analyst, Financial Services - 3 years

15. HERITAGE MARKHAM COMMITTEE MINUTES
- October 8, 2003 (16.11) Weblink

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That the minutes of the Heritage Markham Committee meeting held October 8, 2003, be received for information.

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

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

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, November 18, 2003.

17. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF SEPTEMBER 17, 2003 TO OCTOBER 23, 2003
(10.0) Weblink

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That Committee receive the Report entitled “Report on Incoming Planning Applications for the period of September 17, 2003 to October 23, 2003" and direct staff to process the applications in accordance with the route outlined in the report.

18. 16^TH & MCCOWAN HOLDINGS LIMITED (FORMERLY GORDON LAI)
5302 SIXTEENTH AVENUE, CON. 7, PT. LT. 16
WISMER COMMONS COMMUNITY, 19TM-98006
REVISED APPLICATIONS FOR APPROVAL OF DRAFT PLAN OF SUBDIVISION AND REZONING (SU 98 215498, ZA 98 215482)
(10.5, 10.7) Weblink

Staff was directed to ensure that access to the properties to the north is maintained for roadways and water/sewer services, to avoid isolating the properties.

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

That a Public Meeting be held to consider the applications submitted by 16^th & McCowan Holdings Limited, 19TM-98006 revised (SU 98 215498, ZA 98 215482) for subdivision approval and implementing zoning by-law amendments.

19. TRAKS COMMUNICATIONS AND THE REGION OF YORK
8220 KENNEDY ROAD, PART LOT 1 OF PLAN 2196 AND
PART 30 AND 31 OF PLAN 65R-256527
APPLICATION FOR ZONING AMENDMENT TO PERMIT
SITE ACCESS AND OUTDOOR VEHICLE STORAGE AREAS AS AN EXTENSION OF THE EXISTING AUTOMOBILE DEALERSHIP
(ZA 03.113084, SC 03.117537) (10.5, 10.6) Weblink

Moved by: Councillor A. Chiu

Seconded by: Councillor D. Horchik

That the preliminary report “Traks Communications and the Region of York, application for zoning amendment to permit site access and outdoor vehicle storage areas as an extension of the existing automobile dealership at 8220 Kennedy Road – Part Lot 1 of Plan 2196 and Part 30 and 31 of Plan 65R-25652” File Number ZA 03.113084 be received;

And that a Public Meeting be held to consider the Zoning By-law Amendment (ZA.03-113084) application;

And that staff schedule the Public Meeting when the issues outlined in the preliminary report have been sufficiently addressed by the applicant.

COMMUNICATIONS

Moved by: Councillor A. Chiu

Seconded by: Mayor D. Cousens

That Development Services Committee receive and consents to the disposition of Item No. 20 in the following manner:

20. THE MARKHAM FARMING COMMUNITY - NOV. 10, 2003 (10.8)

- Copy of correspondence to Tony Wong, MPP, seeking support for the

Tenant Purchase Program in Eastern Markham.

- receive

ADJOURNMENT

The Development Services Committee meeting adjourned at the hour of 1:25 p.m.