MINUTES

DEVELOPMENT SERVICES COMMITTEE

2006-05-16

Meeting No. 10

All Members of Council

Development Services Economic Development

Chair: Councillor G. McKelvey Chair: Councillor J. Virgilio

Vice-Chair: Councillor D. Horchik

PART A - 11:30 a.m. - Canada Room

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

Attendance

Mayor D. Cousens (left-3:00) Regional Councillor B. O’Donnell Councillor S. Daurio Councillor E. Shapero (1:30) Councillor J. Virgilio Councillor J. Webster Councillor G. McKelvey Councillor D. Horchik Councillor K. Usman Councillor A. Chiu

J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services R. Blake, Manager, West District A. Brown, Director of Engineering C. Conrad, Town Solicitor S. Chait, Director, Economic Development D. Ciastko, Senior Economic Development Officer G. Day, Planner L. Duoba, Project Coordinator A. Henriques, Planner R. Hutcheson, Manager, Heritage Planning B. Karumanchery, Manager, East District R. Kendall, Manager, Central District T. Lambe, Manager, Policy and Research A. Mukherjee, Manager, Transportation Engineering V. Shuttleworth, Director of Planning and Urban Design K. Bavington, Committee Clerk

The Development Services Committee convened at the hour of 11:35 a.m. in the Canada Room with Councillor G. McKelvey in the Chair. Councillor J. Virgilio assumed the Chair for Economic Development items, No 1.

DISCLOSURE OF INTEREST

Councillor J. Virgilio disclosed an interest with respect to Item # 18, the proposal by No Frills / Loblaws Properties Ltd. at 9301-9311 Highway 48, by nature of representing Calora Investments, the owner of the subject site, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

1. MARKHAM CHINA ADVISORY GROUP (10.16)

Staff provided an update on the progress of the Markham China Advisory Group, and reviewed the terms of reference and membership composition. Two meetings have been held since January, 2006, and a partial SWOT session was held on April 22 to help provide ideas for advancing development of a China investment and trade strategy. The Town’s strengths were identified as: strong Chinese community; strong technology sector; and a pro-business environment. Weaknesses include: intense competition from Toronto, other GTA cities and the USA; and, lack of a long-range strategy.

The next steps were outlined, including a breakfast meeting on June 27, 2006 at the Synergy Centre, focusing on Chinese partnerships.

Moved by: Councillor A. Chiu

Seconded by: Regional Councillor B. O'Donnell

That the staff presentation regarding the Markham China Advisory Group, be received.

CARRIED

2. SPECIAL POLICY AREA AMENDMENT (10.3)

Staff gave an overview of the proposed official Plan and Secondary Plan amendments relating to revised TRCA floodplain mapping, that is the subject of a Public meeting being held this date.

Moved by: Regional Councillor B. O'Donnell

Seconded by: Councillor S. Daurio

That the staff update regarding the Special Policy Area Amendment, be received.

CARRIED

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IN CAMERA

3. LEGAL MATTER (5.5)

Moved by: Mayor D. Cousens

Seconded by: Councillor S. Daurio

That the Development Services Committee recess in-camera at 12:20 p.m. to discuss a legal matter.

CARRIED

Moved by: Mayor D. Cousens

Seconded by: Councillor S. Daurio

That the Committee rise from in-camera at 1:00 p.m.

CARRIED

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That the Development Services Committee recess in-camera at 2:15 p.m. to continue discussions of a legal matter.

CARRIED

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That the Committee rise from in-camera at 2:50 p.m.

CARRIED

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4. DEVELOPMENT SERVICES COMMITTEE MINUTES
- May 2, 2006 (10.0)

Minutes

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

That the minutes of the Development Services Committee meeting held May 2, 2006, be confirmed.

CARRIED

5. DELEGATED APPROVALS REPORTS (10.6)
Report

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

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 May 16, 2006.

CARRIED

6. DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, ABRAHAM STRICKLER HOUSE
6297 MAJOR MACKENZIE DRIVE EAST
TEMARA DEVELOPMENTS INC. (16.11.3)

Report 1 2 3 Appendices

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

That as recommended by Heritage Markham, the Abraham Strickler House –6297 Major Mackenzie Dr. E. be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

CARRIED

7. DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, BUTTONVILLE CEMETERY
9171 WOODBINE AVENUE, TOWN OF MARKHAM (16.11.3)

Report 1 2 A

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

That as recommended by Heritage Markham, the Buttonville Cemetery – 9171 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

CARRIED

8. DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, JAMES BLISS HOUSE
9231 WOODBINE AVENUE, M K LI HOLDINGS (16.11.3)

Report 1 2 A

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

That as recommended by Heritage Markham, the James Bliss House – 9231 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

CARRIED

9. DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, 7046 11TH LINE
ZION CEDAR GROVE UNITED CHURCH (16.11.3)

Report 1 2 3 Appendices

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

That as recommended by Heritage Markham, the Zion Cedar Grove United Church – 7046 11^th Line be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

CARRIED

10. 1617834 ONTARIO LIMITED, 156 BULLOCK DRIVE
ZONING BY-LAW AMENDMENT TO PERMIT RESTAURANT USE
(ZA 05 026995) (10.5)

Report 1 2 3 4

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

That a Public Meeting be held to consider a Zoning By-law Amendment application (ZA 05 026995), by 1617834 Ontario Limited to permit a restaurant use at 156 Bullock Drive.

CARRIED

11. RULAND PROPERTIES INC. (THE REMINGTON GROUP)
MARKHAM CENTRE, SOUTH SIDE OF ENTERPRISE BLVD.
SITE PLAN CONTROL APPROVAL FOR OFFICE BUILDING,
HONEYWELL CANADA (SC 06 108800) (10.6)

Report Maps

Moved by: Mayor D. Cousens

Seconded by: Regional Councillor B. O'Donnell

That the report dated May 16, 2006, entitled “Recommendation Report, Application for Site Plan Control Approval – Ruland Properties Inc. (The Remington Group) Proposed Office Building – Honeywell Canada, Markham Centre, south side of Enterprise Boulevard ” be received;

And that the application for site plan control approval by Ruland Properties for a 5-storey, 14,320 square metre (155,000 square feet) office building to house Honeywell Canada’s corporate offices 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 Council authorize the enactment of a by-law to remove the Hold (H) provisions on the subject lands and that the H removal by-law be enacted in advance of a site plan and a subdivision agreement being executed, subject to the Owner providing an undertaking to the Town, prior to lifting the H, committing to execute a Subdivision Agreement and Site Plan Agreement to the satisfaction of the Commissioner of Development Services and the Town Solicitor.

CARRIED

12. GREENBELT VOLKSWAGEN LTD.
7997 KENNEDY ROAD AND 31 HELEN AVENUE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
AND SITE PLAN APPROVAL TO PERMIT EXPANSION
OF THE GREENBELT VOLKSWAGEN DEALERSHIP
(OP 03 108961, ZA 03 108969, SC 03 108973) (10.3, 10.5, 10.6)

Report 1 2 3 4 5 A B C

Mike Everard of August National Inc, representing the applicant, Greenbelt Volkswagen Ltd., addressed issues of concern. Mr. Everard provided assurance that multiple franchises would not occur on the site, however the one-dealership zoning restrictions may cause difficulty if the vehicle franchise changes in the future. He requested that the improvements to the Heritage building be deferred to Phase III to allow the business to become established first. The relocation of the driveway is being resolved with staff.

Staff was directed to review the wording of the zoning amendment that would limit zoning to one specific dealership, and conditions relating to preservation of the Heritage building in Phase III instead of Phase I, with provisions to deal with a commitment for preservation, easements, and location issues, and provide an update at Committee of the Whole.

Moved by: Councillor J. Virgilio

Seconded by: Regional Councillor B. O'Donnell

That the following resolution be endorsed in principle, subject to revisions to provisions relating to the Heritage building and one-dealership zoning limitation, and that staff provide an update at Committee of the Whole;

“That the report dated May 16, 2006, entitled “RECOMMENDATION REPORT, Greenbelt Volkswagen Ltd. Applications for Official Plan and Zoning By-law amendments and Site Plan Approval to permit the expansion of the Greenbelt Volkswagen Dealership at 7997 Kennedy Road and 31 Helen Avenue” be received;

And that the Official Plan and Zoning applications (OP 03 108961, ZA 03 108969) submitted by Greenbelt Volkswagen to permit the expansion of the Greenbelt Volkswagen Dealership be approved and that the site plan application (SC 03 108973), be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

And that the amending zoning by-law limit the site to one dealership only;

And that Council endorse the proposed revision to the conceptual road pattern for South Unionville which contemplates Caboto Trail terminating in a cul-de-sac;

And that the CAO be authorized to finalize the Helen Avenue reconstruction claim by the Greenbelt Volkswagen Dealership and that the final settlement be financed from the Engineering Department’s Capital Account No. 083-5350-6116-005;

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.”

CARRIED

13. MONARCH CORPORATION
APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
APPROVAL AND BY-LAW AMENDMENT
NORTH SIDE OF ELGIN MILLS,
WEST SIDE OF WOODBINE AVENUE
CATHEDRAL COMMUNITY (10.5, 10.7)

Report Maps By-laws App B

Mac Cosburn, representing the Cathedral Developers Group, advised that the proposed conditions and the requirement for a pre-sale agreement are acceptable, but he questioned the Region’s requirement for a pre-condition with respect to the Woodbine By-pass.

Jim Robertson, President of the Save Victoria Square Association, discussed the impacts of the merging lanes within the boundary of Victoria Square, and entrances onto Woodbine Avenue, and requested that the Association be kept involved in these issues. Mr. Roberston also requested that the Woodbine By-pass be built as soon as possible to facilitate construction traffic, and that the debris around the construction sites be controlled.

Liz Sawicki, representing the Monarch Corporation, advised that the applicant will be working with staff to fine-tune the conditions prior to Council.

Staff was directed to work with the applicant on conditions of draft approval and the Region’s pre-condition requirement with respect to the Woodbine By-pass, and provide an update at Committee of the Whole.

Moved by: Councillor D. Horchik

Seconded by: Mayor D. Cousens

That the draft plan of subdivision 19TM-05006, prepared by Bousfields Inc., dated February 21, 2006, to permit 204 single detached lots, 66 lane base townhouse units and 5.65 hectares of employment lands, north side of Elgin Mills, west side of Woodbine Avenue, be endorsed subject to the conditions of draft plan approval as set out in Appendix ‘A’ to the staff report dated May 16, 2006, and the following redline revisions:

· Woodbine Avenue (Existing) / Street B intersection, West leg: Provide 24.0m ROW for 45m in length. Remove 0.3m Reserve on both the north and south sides of the Street B within the 24m ROW;

· Woodbine By-Pass / Street A intersection (West Leg): Provide 26.5m ROW for 30.0m in length, and provide taper transition from 26.5m ROW to 22m for 30m in length;

· Woodbine By-Pass / Street B intersection (East Leg): Provide 26.5m ROW for 30.0m in length, and provide taper transition from 26.5m ROW to 22m for 30m in length;

And that the application submitted by Monarch Corporation to amend Zoning By-laws 177-76 and 304-87, as amended, be approved, and the draft by-laws be enacted;

And that the conditions of draft approval be referred to Committee of the Whole to be finalized following discussions between staff and the applicant;

And that the Director of Planning and Urban Design be directed to issue draft approval and give notice under Section 51 (37) of the Planning Act, when the conditions of draft approval have been finalized by Committee of the Whole and approved by Council, including provisions for the following:

• A condition of Draft Approval that the Cathedral West Landowners Group enter into an agreement with York Region and the Town for the construction and completion of the Woodbine Avenue By-pass as outlined in Clause No.10 in report No. 6 of the Planning and Economic Development Committee Report titled “Woodbine Avenue By-pass Construction and Prepaid Development Charge Credit Agreement Principles” which was adopted by York Region Council at its meeting on June 23, 2005 and February 16, 2006 (revised);

• A condition of Draft Approval that the Owner shall enter into an agreement with the Town, applying specifically to Blocks 205 and 213 and lots 26 to 29, 88 to 91, 148, 149 and 204 of draft plan 19TM-05006, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject blocks, until the following conditions have been met:

1. The Town has completed a detailed design study for the Woodbine Avenue By-pass;

2. The Landowner’s Group has prepared a survey plan of the proposed Woodbine Avenue By-pass right-of-way that reflects the recommendations of the detailed design study, to the satisfaction of the Town and the Region of York;

3. The Owner has conveyed to York Region, free of all costs and encumbrances, any land required for the Woodbine Avenue By-pass within the boundaries of the draft plan 19TM-05006 as identified by the above survey; and,

4. If required, the draft plan has been revised to reflect any changes to the Woodbine Avenue By-pass alignment and any associated changes to the configuration of the subject blocks and lots, resulting from the above survey;

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

And that Monarch Corporation be granted a servicing allocation of 270 units, such allocation to be from the total allocation for the Cathedral community, in accordance with the February 15 and November 22, 2005, reports on servicing allocation;

And that the Town reserves the right to revoke or reallocate the servicing allocation for this development;

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

And that the Mayor and Clerk be authorized to execute a parkland agreement between the Town and the Cathedral West Landowners Group, in a form satisfactory to the Town Solicitor and the Commissioner of Development Services with respect to compensating the Cathedral West Landowners Group for the over-dedication of 0.702 hectares of park space that will result from the conveyance of the 4.89 hectare environmentally significant woodlot (Block 220) located at the northwest corner of the draft plan area. The basis for establishing the final value of the over-dedicated portion of the woodlot shall be based on a land appraisal, to the satisfaction of the Commissioner of Development Services. Payment to the West Cathedral Landowners for this over-dedication shall be from funds secured through previous cash-in-lieu of parkland contributions associated with subdivision approvals in the East Cathedral Community, specifically for the purpose of the acquiring the woodlot in the Monarch subdivision;

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

And further that the draft plan approval for plan of subdivision 19TM-05006 will lapse after a period of three years commencing May 16, 2006, in the event that a subdivision agreement is not executed within that period;

And that staff provide an update to Committee of the Whole on York Region’s requirement for a pre-condition with respect to the Woodbine By-pass.

CARRIED

14. EASTERN CREATIVE GROUP LTD.
83 OLD KENNEDY ROAD, PLAN OF SUBDIVISION AND
REZONING TO PERMIT A TOWNHOUSE AND MIXED-USE
DEVELOPMENT (SU 04 011021 (19TM-04003) ZA 03 107781) (10.5, 10.7)

Report 1 2 3 4 5 A B By-Law

Moved by: Councillor A. Chiu

Seconded by: Councillor K. Usman

That draft plan of subdivision 19TM-04003 (SU.04-011021) located at 83 Old Kennedy Road, proposed by Eastern Creative Group Ltd, be draft approved subject to the conditions outlined in Appendix ‘A’;

And that the subject lands be deleted from the implementing zoning by-law for the Milliken Main Street Secondary Plan (By-law 2005-250);

And that the zoning application (ZA.03-107781) to amend By-law 177-96 as amended, and By-law 47-85, as amended, submitted by Eastern Creative Group Ltd, to implement draft plan of subdivision 19TM-04003 (SU.04-011021) located at 83 Old Kennedy Road, be approved and the draft Zoning By-laws be finalized and enacted;

And that servicing allocation for the 26 units in the draft plan of subdivision be granted as discussed in the November 22, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design;

And that the applicant agrees to pay their proportionate share of the cost of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

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

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

And 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).

CARRIED

15. CORNELL PARKLAND DEDICATION AGREEMENT (10.0)
Report 1 2 3 A

Moved by: Councillor K. Usman

Seconded by: Councillor A. Chiu

That the staff report of May 16, 2006 entitled “Cornell Parkland Dedication Agreement” be received;

And that the Mayor and Clerk be authorized to execute an agreement with the Cornell Developers Group (Appendix ‘A’) in a form satisfactory to the Town Solicitor and the Commissioner of Development Services, for the dedication of parkland within the Cornell Secondary Plan area.

CARRIED

16. UNIONVILLE VILLAGE INVESTMENTS INC.
139 MAIN STREET, UNIONVILLE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
OP 05 016826, ZA 05 016845 (10.3, 10.5)

Report 1 2 3 Appendices

David Johnston of David Johnston Architect Ltd., representing the applicant, Unionville Village Investments Inc., discussed the proposed changes and parking issues.

Moved by: Councillor J. Virgilio

Seconded by: Councillor K. Usman

That the Official Plan Amendment application (OP 05 016826) and Zoning By-law Amendment application (ZA 05 016845) submitted by Unionville Village Investments Inc. to permit additional restaurant floor space within the Planing Mill Shopping Complex at 139 Main Street, Unionville, be denied.

CARRIED

17. E. MANSON INVESTMENTS ET. AL.
540 BUR OAK AVENUE, ZONING BY-LAW
AMENDMENT AND SITE PLAN APPLICATIONS FOR
TWO 6 STOREY RESIDENTIAL BUILDINGS
(ZA 05 021949, SC 05 021950) (10.5, 10.6)

Report 1 2 3 4 5 Appendices

Moved by: Councillor J. Webster

Seconded by: Councillor K. Usman

That the Zoning By-law Amendment application (ZA.05-021949) to amend By-law 177-96, as amended, submitted by E. Manson Investments et. al. to permit two, 6 storey apartment buildings on the north side of Bur Oak Avenue, west of McCowan Road, municipally known as 540 Bur Oak Avenue, be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’, be finalized and enacted;

And that the site plan application (SC.05-021950) submitted by E. Manson Investments et. al. to permit a Phase 1, 6 storey apartment building (73 units) on the north side of Bur Oak Avenue, west of McCowan Road, municipally known as 540 Bur Oak Avenue, be endorsed in principle, subject to the conditions attached in Appendix ‘B’, including servicing allocation for 73 units.

CARRIED

18. NO FRILLS / LOBLAWS PROPERTIES LTD.
9301-9311 HIGHWAY 48, SITE PLAN APPROVAL
TO PERMIT A SUPERMARKET (SC 05 010866) (10.6)

Report 1 2 3 4 5

Councillor J. Virgilio disclosed an interest with respect to the proposal by No Frills / Loblaws Properties Ltd. at 9301-9311 Highway 48, by nature of representing Calora Investments, the owner of the subject site, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

Committee discussed the placement of the building in relation to the street edge. The applicant advised that future expansion will be sited at that location, and that additional landscaping and screening will be provided.

Moved by: Mayor D. Cousens

Seconded by: Regional Councillor B. O'Donnell

That the report dated May 16, 2006, entitled “No Frills / Loblaws Properties Ltd., Application for Site Plan Approval to permit a supermarket at 9301-9311 Highway 48” be received;

And that the Site Plan Control application (SC 05 010866) submitted by No Frills / Loblaws Properties Ltd., to permit a 3,657 m² (39,363 ft²) supermarket at 9301-9311 Highway, be endorsed in principle subject to the conditions included in 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.

CARRIED

19. JM HOSPITALITY & HDBB INVESTMENTS INC.
8221 WOODBINE AVENUE (50 BODRINGTON COURT)
ZONING BY-LAW AMENDMENT AND SITE PLAN
APPROVAL TO PERMIT A PHASED HOTEL DEVELOPMENT
(ZA 05 013331, SC 05 015041) (10.5, 10.6)

Report 1 2 3 4 5 6 7 A B

Herman Grad, representing Hilton Suites Hotel, stated his concern for the impact of this proposal on existing hotels in area.

Moved by: Councillor K. Usman

Seconded by: Councillor D. Horchik

That the deputation by Herman Grad, representing Hilton Suites Hotel, with concerns regarding the proposal by JM Hospitality and HDBB Investments Inc., be received;

And that the report dated May 16, 2006 entitled ‘Recommendation Report, JM Hospitality & HDBB Investments Inc. Applications for Zoning By-law amendment and Site Plan Approval to permit a phased hotel development at 8221 Woodbine Avenue (50 Bodrington Court)’ be received;

And that the Zoning application (ZA 05 013331) submitted by JM Hospitality & HDBB Investments Inc. to permit a phased hotel development be approved;

And that prior to the zoning by-law being brought forward to Council for enactment, the Owner submit a certificate, from a qualified land surveyor, confirming that the proposed development (all phases) complies with the Buttonville Airport Zoning Regulation; that the peer review process for the Environmental Assessment of the property is complete and that arrangements are made for site to be adequately remediated for the proposed development; and that Ministry of Municipal Affairs and Housing approval is obtained for the use of the portion of the subject property that is located within the Parkway Belt West Plan;

And that the site plan application (SC 05 015041) for Phase 1, 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.

CARRIED

COMMUNICATIONS

RECOMMENDATION:

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

20. STAN BUELL, CORRESPONDENCE IN OBJECTION
TO CHANGING THE NAME OF THE NINTH LINE (10.14)

Correspondence

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Webster

That the correspondence dated April 28, 2006 from Stan Buell, Broker, Royal Lepage,

161 Main Street, Unionville, in objection to changing the name of the Ninth Line, be received.

CARRIED

NEW BUSINESS

21. MARKHAM’S SAFE STREETS STRATEGY
2005 RESULTS AND 2006/2007 PLAN (5.10)

Report

This matter was deferred from the May 15, 2006 General Committee meeting. Staff made a presentation regarding the 2005 results and 2006/2007 Safe Streets Strategy. Committee noted a correction for the street name of Village Gate Drive.

Committee discussed the progress of this project, and the allocation of Police Officers for enforcement. Highglen Avenue was identified for further review.

Moved by: Councillor D. Horchik

Seconded by: Councillor E. Shapero

That the report entitled “Markham’s Safe Streets Strategy – 2005 Results and 2006/2007 Plan” be received;

And that the Engineering Department be authorized to undertake Municipal Class Environmental Assessment Studies in 2006 for the proposed 2007 traffic calming projects and that staff report back upon completion of the EA studies;

And that Council endorse the 2006/2007 Top 25 List of Enforcement Streets as listed in Attachment C;

And that Council endorse the 2006/2007 Top 5 List of Education Streets as listed in Attachment D;

And that implementation of the Safe Streets Strategy, including traffic calming in 2007 be subject to the approval of funding allocation in the 2007 Capital Budget;

And that staff review speed limits on 4 lane major collector roads and report back to the Traffic Safety Committee and Council;

And that the Traffic Safety Committee be requested to review Highglen Avenue for additional enforcement measures;

And that appreciation be expressed to Councillor Daurio, the Traffic Safety Committee, York regional Police, and Town staff for their hard work and achievements.

CARRIED

22. REGION OF YORK
2006-2007 AND 10 YEAR CAPITAL BUDGET (5.0)

Report Attachment A B C

This matter was deferred from the May 15, 2006 General Committee meeting. Staff made a presentation regarding the Region of York’s 2006-2007 and 10 Year Capital Budget.

Moved by: Councillor K. Usman

Seconded by: Councillor D. Horchik

That the report entitled “Region of York 2006/2007 and 10 Year Capital Budget”, dated May 15, 2006, be received;

And that the Region of York be requested to incorporate the following revisions to their 2007 and 10 Year Capital Budget;

• Advance Stage 3 of the Woodbine By-pass from 2011/2012 to 2008/2009;
• Provide financing for a traffic/financial model of the Highway 407 ramps at Ninth Line and the Markham By-Pass in 2006/2007;
• Defer 14^th Avenue and Birchmount intersection improvements and include as part of Town’s Birchmount Road construction from 14^th Avenue to Enterprise Drive in 2007/2008;
• Confirm future funding and timing of the Highway 404 employment lands grade separations to provide for mid block flyovers;

And that the Region of York be requested to report back as to the needs and justification of the widening of 16^th Avenue from Woodbine Avenue to McCowan Road;

And that the Region of York be requested to resolve with the City of Toronto and Region of Durham the cost sharing and timing for Steeles Avenue improvements (Highway 48 to Town Line), on a priority basis;

And that the new criteria established by the Region of York for prioritizing road infrastructure as part of their 2007 budget process be subject to further review and comment by local municipalities, in the context of the impact on the scheduled delivery of road infrastructure in the affected municipalities;

And that the Clerk and Bruce MacGregor, Commissioner, Transportation and Works Department for the Regional Municipality of York, be advised accordingly.

CARRIED

23. NEW BUSINESS (10.0)

a) Committee received correspondence from Emerson Electric dated May 12, 2006, advising that the business will be closing by March, 2007.

b) Committee expressed appreciation to staff and Council members who hosted the Macedonian community recently.

c) Committee was advised of the possibility of an OHL Franchise being located in Markham.

d) Committee discussed the potential for Energy Rating new homes. Amendments to the Building Code will be required before this can be implemented.

PART C

Public Meeting

7:00 p.m. - Council Chamber

Attendance

Regional Councillor J. Heath Regional Councillor J. Jones (7:30) Regional Councillor B. O’Donnell Councillor S. Daurio Councillor E. Shapero Councillor J. Virgilio Councillor J. Webster Councillor G. McKelvey Councillor D. Horchik Councillor K. Usman Councillor A. Chiu

S. Bordone, Planner L. Duoba, Project Coordinator S. Heaslip, Senior Planner R. Kendall, Manager, Central District N. Pileggi. Planner V. Shuttleworth, Director of Planning and Urban Design N. Surti, Planner K. Bavington, Committee Clerk

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

DISCLOSURE OF INTEREST – None Declared

24. IBM CANADA LTD., 8200 WARDEN AVENUE
EXTENSION OF TEMPORARY USE BY-LAW TO PERMIT
A TEMPORARY PARKING LOT (ZA 06 110406) (10.5)

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The Chair advised that the subject of the Public Meeting this date was to consider the proposed Zoning By-law Amendment, File ZA 06 110406, submitted by IBM Canada to extend a temporary use by-law to permit a parking lot at 8200 Warden Avenue.

Committee was advised that 16 notices were mailed on April 26, 2006, and a Public Meeting sign was posted on April 25, 2006. There were no written submissions received.

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

Moved by: Regional Councillor B. O'Donnell

Seconded by: Councillor A. Chiu

That the record of the Public Meeting held on May 16, 2006, with respect to the zoning application (ZA 06 110406) by IBM Canada Limited to extend the Temporary Use By-law permitting the temporary surface parking lot at 8200 Warden Avenue for an additional three years, be received;

And that the proposed amendments to By-law 304-87, as amended, be approved;

And that the proposed amendments to By-law 304-87, as amended, be enacted without further notice.

CARRIED

25. MILLER PAVING LIMITED, 7781 WOODBINE AVENUE
DRAFT PLAN OF SUBDIVISION (19TM06001) FOR INDUSTRIAL
AND COMMERCIAL DEVELOPMENT BLOCKS (SU 06 105672) (10.7)

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The Chair advised that the subject of the Public Meeting this date was to consider the proposed Draft Plan of Subdivision (19TM06001) File SU 06 105672, submitted by Miller Paving Limited for industrial and commercial development blocks at 7781 Woodbine Avenue.

Committee was advised that 68 notices were mailed on April 26, 2006, and a Public Meeting sign was posted on April 25, 2006. There were no written submissions received.

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

Jim Kirk of Malone Given Parsons Ltd., representing the applicant, Miller Paving Limited, stated that the applicant is providing the required studies and is anxious to proceed.

There were no comments from the audience with respect to this application.

Moved by: Councillor J. Webster

Seconded by: Regional Councillor B. O'Donnell

That the Development Services Commission report dated April 18, 2006, entitled “Preliminary Report, Miller Paving Limited, Application fro Draft Plan of Subdivision (19TM06001) to create industrial and commercial development blocks at 7781 Woodbine Avenue, north side of 14^th Avenue and east side of Woodbine Avenue”, be received;

And that the record of the Public Meeting held on May 16, 2006, with respect to the proposed draft plan of subdivision, be received;

And further that the application by Miller Paving Limited for draft plan of subdivision approval, be referred back to staff for a report and recommendation.

CARRIED

26. LITTLE’S MEADOW LAWN FAIRWAY
EAST OF NINTH LINE, NORTH OF STEELES AVENUE
ZONING BY-LAW AMENDMENT FOR GOLF DRIVING RANGE
(ZA 06 108306) (10.5)

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The Chair advised that the subject of the Public Meeting this date was to consider the proposed Zoning By-law Amendment, File ZA 06 108306, submitted by Little’s Meadow Lawn Fairway to permit a golf driving range on the east side of Ninth Line, north of Steeles Avenue.

Committee was advised that 22 notices were mailed on April 26, 2006, and a Public Meeting sign was posted on April 25, 2006. There were no written submissions received.

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues. Committee directed staff to discuss the use of pesticides on this site, with the applicant.

There were no comments from the audience with respect to this application.

Moved by: Councillor D. Horchik

Seconded by: Councillor A. Chiu

That the record of the Public Meeting held on May 16, 2006, with respect “Little’s Meadow Lawn Fairway, application for Zoning By-law amendment to permit a golf driving range as a temporary use on lands located east of Ninth Line, north of Steeles Avenue”, be received;

And that the application to amend Zoning By-law 304-87, as amended, be enacted after the applicant has entered into a site plan agreement with the Town.

CARRIED

27. TOWN OF MARKHAM, SPECIAL POLICY AREAS
AMENDMENTS TO OFFICIAL PLAN, UNIONVILLE CORE AREA
SECONDARY PLAN, MARKHAM CENTRE SECONDARY PLAN
AND UNIONVILLE SOUTH SECONDARY PLAN (MI 142) (10.3)

Report Maps A

The Chair advised that the subject of the Public Meeting this date was to consider the Town of Markham’s proposed Official Plan and Secondary Plans with respect to Special Policy Areas.

Committee was advised that 640 notices were mailed on May 5, 2006, and Public Meeting Notices were published in the Markham Economist and Sun and Thornhill Liberal on April 20, 2006 and April 22, 2006. Committee received one written submission from Ronald Stein, of 1334618 Ontario Incorporated, in support of the proposed amendments.

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues. The Conservation Authorities Act (Ontario Regulation 97/04), requires that the regulations of Conservation Authorities are consistent across the Province, as well as with the Planning Act and Provincial Policy Statements. The TRCA conformity exercise has resulted in revised mapping, and subsequent technical amendments to the Town Official Plan and Secondary Plans are required. Staff explained the impacts of the amendments and the consultation process that has been followed. The total Special Policy Area lands will be reduced by 19 hectares.

Lori Nelson and Carolyn Woodland of the Toronto and Region Conservation Authority were in attendance.

Marlene Slopack, 60 Kings College Road, Thornhill, had questions regarding the impacts to a specific property. TRCA representatives responded and agreed to work with Ms. Slopack to clarify the impacts.

Beth Stiller, 41 Fonthill Boulevard, questioned the restrictions to her property, and requested more detailed mapping. Staff explained permit requirements and restrictions regarding flood-proofing affected properties.

John Kulis, 105 Fred Varley Drive, requested a copy of the finalized amendments when they are adopted. Committee suggested contacting staff once the amendment is finalized to obtain a copy, and also requested staff to link the documents to the Town website.

Chris Sauer, 60 Annina Crescent questioned the changes that might occur to the floodplain mapping over the next 20 years. TRCA representatives discussed Regional Storm calculations and remedial works that are involved and their impacts on future situations.

Judy Hargreaves, 62 Fonthill Boulevard, questioned why her property is now being identified as floodplains, and discussed grandfathering and property value issues.

Staff was requested to re-colour the map to clearly indicate changes in the SPA, and to provide clarification on several matters, including:

- the number of hectares that will now be developable

- whether the restrictions of the SPA are in compliance with Provincial Policy Statements

- retaining the SPA designation at some locations where it is no longer applicable, to prevent development from occurring

- impacts of SPA on parking structures proposed for Main Street Unionville

- confirm that all affected property owners have been notified of the proposed amendments

Moved by: Councillor D. Horchik

Seconded by: Councillor K. Usman

That the written submission from Ronald Stein, of 1334618 Ontario Incorporated, in support of the Town of Markham’s proposed Official Plan and Secondary Plans with respect to Special Policy Areas, be received;

And that deputations by Marlene Slopack, Beth Stiller, John Kulis, Chris Sauer, and Judy Hargreaves, with concerns regarding the Town of Markham’s proposed Official Plan and Secondary Plans with respect to Special Policy Areas, be received;

And that the record of the Public Meeting held on May 16, 2006, with respect to Amendments to the Official Plan, Unionville Core Area Secondary Plan PD 1-12 for the portion of the Markham and Unionville Planning District, South Unionville Planning District PD-22-1, Markham Centre Secondary Plan PD-2-2 and Zoning By-laws 122-72, 134-79, 11-72, 304-87, 1229 and 177-96 to amend the boundary of the lands identified as Special Policy Area, be received;

And that the draft Official Plan and Secondary Plan Amendment to amend the Special Policy Area boundary, be finalized and adopted;

And that the draft Official Plan and Secondary Plan Amendment be forwarded to the Region of York for approval;

And that the boundary amendment for the Special Policy Area zoning overlay be approved and the draft Zoning By-law amendment to amend by-laws 122-72, as amended, 11-72, as amended, 134-79 as amended, 304-87 as amended, 1229 as amended, 177-96 as amended, be finalized and passed, without further notice, to come into force and effect upon approval of the Official Plan Amendment by the Region of York.

CARRIED

28. THANH CHU (CHU’S MARTIAL ARTS WORLD)
55 GLEN CAMERON ROAD
ZONING BY-LAW AMENDMENT TO PERMIT A
COMMERCIAL SCHOOL (ZA 05 024111) (10.5)

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The Chair advised that the subject of the Public Meeting this date was to consider the proposed Zoning By-law Amendment, File ZA 05 024111, submitted by Thanh Chu (Chu’s Martial Arts World) to permit a commercial school, business offices and retail stores at 55 Glen Cameron Road.

Committee was advised that 54 notices were mailed on April 26, 2006, and a Public Meeting sign was posted on April 25, 2006. There were no written submissions received.

Staff advised that the applicant has indicated agreement to striping the parking lot as requested by staff.

There were no comments from the audience with respect to this application.

Moved by: Councillor S. Daurio

Seconded by: Councillor K. Usman

That the report from the Development Services Commission dated February 7, 2006 entitled “Application for Zoning By-law Amendment to Permit a Commercial School at 55 Glen Cameron Road” be received;

And that the record of the Public Meeting held on May 16, 2006, with respect to the proposed amendment to By-law 2237, as amended, be received;

And that the application by Thanh Chu to amend By-law 2237, as amended, be approved;

And that the proposed amendment to By-law 2237, as amended, be enacted without further notice, once the above grade parking lot has been marked to delineate the parking spaces.

CARRIED

29. FLATO DEVELOPMENT INC., 272 OLD KENNEDY ROAD
ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF
SUBDIVISION FOR 62 RESIDENTIAL UNITS AND COMMERCIAL,
PARK AND SCHOOL BLOCKS (ZA 06 106303, SU 06 106298) (10.5, 10.7)

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The Chair advised that the subject of the Public Meeting this date was to consider the proposed Draft Plan of Subdivision and Zoning By-law Amendment, Files ZA 06 106303, SU 06 106298, submitted by Flato Development Inc. to permit residential units, and commercial, park and school blocks at 272 Old Kennedy Road.

Committee was advised that 94 notices were mailed on April 26, 2006, and a Public Meeting sign was posted on April 25, 2006. There were no written submissions received.

Staff gave a presentation regarding the proposal, the location, surrounding uses, and outstanding issues, including the road concept, protection of the woodlot, requirements for a school site, and servicing allocation.

Shakir Rehmatullah of Flato design and Management Inc., representing the applicant, displayed elevations and preliminary site plans, and discussed woodlot preservation.

There were no comments from the audience with respect to this application.

Moved by: Councillor K. Usman

Seconded by: Councillor J. Virgilio

That the Development Services Commission report dated April 18, 2006, entitled “Preliminary Report, Flato Development Inc., 272 Old Kennedy Road, Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 62 residential units and commercial, park and school blocks” be received;

And that the record of the Public Meeting held on May 16, 2006, with respect to the proposed draft plan of subdivision, be received;

And further that the application by Flato Developments Inc., for zoning by-law amendment and draft plan of subdivision approval, be referred back to staff for a report and recommendation.

CARRIED

ADJOURNMENT

The Development Services Committee meeting adjourned at the hour of 8:45 p.m.