MINUTES

DEVELOPMENT SERVICES COMMITTEE

2007-03-20 - 9:00 a.m.

Meeting No. 9

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

Presentations, Major Studies, and Issues Agenda

 

PART B

Report Agenda

9:00 a.m. – Council Chamber

 

 

Attendance

Mayor F. Scarpitti (10:30)

Deputy Mayor J. Jones

Regional Councillor J. Heath

Regional Councillor T. Wong

Regional Councillor G. Landon

Councillor V. Burke

Councillor J. Virgilio (9:20)

Councillor C. Moretti

Councillor J. Webster

Councillor D. Horchik

Councillor L. Kanapathi

Councillor A. Chiu

 

Regrets:

Councillor E. Shapero

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

C. Conrad, Town Solicitor

S. Chait, Director, Economic Development

D. Ciastko, Senior Economic Development Officer

G. Duncan, Heritage Planner

S. Kahn, Business Development Officer

B. Karumanchery, Manager, East District

R. Kendall, Manager, Central District

D. Miller, Senior Planner

P. Wokral, Heritage Planner

C. Raynor, Committee Clerk

 

 

The Development Services Committee convened at the hour of 9:00 a.m. in the Council Chamber with Deputy Mayor J. Jones in the Chair.  Regional Councillor T. Wong assumed the Chair for Economic Development item, No. 15.

 

 

DISCLOSURE OF PECUNIARY INTEREST

None disclosed

 

 

1.         INNOVATION SYNERGY CENTRE (10.16)

            Presentation

 

Mr. B. Glandfield, President and CEO, Innovation Synergy Centre in Markham (ISCM), provided a detailed presentation on the history, mandate, activities, funding and achievements of the ISCM. Mr. Glandfield advised that the ISCM provides a number of value-added services including advisors and mentors, access to academic resources and access to funding sources from both the public and private sectors. It was noted that the ISCM has had 950 client meetings with 545 companies. Mr. Glandfield provided Committee with a breakdown of funding for 2006 and 2007.

 

The Committee was provided with an overview of the governing structure of the ISCM as well as Angel Investments. It was noted that the first seven (7) deals will be issued to Angel Investments this week.

 

Mr. L. Porosley, a client of the ISCM, outlined his satisfaction with the services delivered by ISCM to his business. He noted that he was provided with advice on how to develop business plans and a marketing strategy to diversify his business. As a result, he plans to hire an additional 5-8 employees and develop a global presence within the next three (3) years.

 

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Webster

 

That the presentation by Mr. B. Glandfield, President and CEO, Innovation Synergy Centre in Markham, regarding the Innovation Synergy Centre, be received.

CARRIED

 

 

2.         BILL 51 – IMPLEMENTATION STRATEGY (10.16)

            Presentation

 

Mr. D. Miller presented a detailed breakdown of the amendments to the Planning Act made by Bill 51, including what changes, if any, the Town will have to make to its Official Plan, Zoning By-laws or current practices and procedures.

 

The Committee sought clarification on some issues such as the new measures to allow municipalities to regulate the appearance of buildings, the checklist for complete applications, whether there will be any penalties where zoning by-laws are not in compliance with the Official Plan within three (3) years of an update to the Plan, and the limitations on appeals in regard to settlement area boundaries.

 

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

 

That the first half of the presentation by Mr. D. Miller, Senior Planner, regarding the implementation strategy for Bill 51 provisions, be received;

 

 

And that the second half of the presentation be deferred to the next meeting of Development Services Committee on April 3, 2007.

CARRIED

 

 

3.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- March 6, 2007, Part B (10.0)

            Minutes 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the minutes of the Development Services Committee meeting, Part B, held March 6, 2007, be confirmed.

CARRIED

 

 

4.         DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- March 6, 2007 (10.0)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the minutes of the Development Services Public Meeting, held March 6, 2007, be confirmed.

CARRIED

 

 

5.         REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF JANUARY 27, 2007 TO FEBRUARY 16, 2007 (10.0)

            Report

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of January 27, 2007 to February 16, 2007” and direct staff to process the applications in accordance with the route outlined in the report;

 

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

CARRIED

 

 

6.         DELEGATED APPROVALS REPORT
(DM 2001-03) (10.6)

            Report

 

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 March 20, 2007.

 

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

CARRIED

 

 

7.         REQUEST FOR VARIANCE TO THE FENCE BY-LAW 277-97,
            AS AMENDED, FOR 9580 WOODBINE AVENUE (2.19)

            Report  Attachment 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the report entitled, “Request for Variance to the Fence By-Law 277-97, as amended, for 9580 Woodbine Avenue” be received;

 

And that the request to grant relief from the provisions of the Fence By-Law 277-97, as amended, to permit a 1.5m (5ft.) high decorative iron fence in a front and exterior flankage side yard of the church, whereas the By-Law limits the fence height in the front yard and exterior flankage side yard to 1.2m (4ft.), be approved subject to the following conditions:

 

  1. The fence design is to be consistent with the detail submitted. (Figure 4);
  2. Entry gates must provide a minimum 6.0 meter clear width for fire truck access;
  3. No lock is allowed to be installed as an internally integrated component of the gate system.  The gates may only be chained, in order that the chain/lock may be cut by the Fire Department in the event of an emergency;
  4. Entry gates can be closed only when there is no occupancy in the building;

 

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

CARRIED

 

 

 

 

 

8.         TOWN-INITIATED BY-LAW AMENDMENT TO AMEND
THE SIGN BY-LAW AS IT PERTAINS TO WALL SIGNS IN
SPECIAL SIGN DISTRICTS (ZA 07 109644) (2.16)

            Report  Attachment 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the report titled, “Town-Initiated By-law Amendment to Amend the Sign By-law as it Pertains to Wall Signs in Special Sign Districts,” dated March 20, 2007, be received;

 

And that a Public Meeting be held to consider a Town-initiated By-law Amendment to amend the Sign By-law provisions regarding wall signs in Special Sign Districts;

 

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

CARRIED

 

 

9.         TOWN-INITIATED ZONING BY-LAW AMENDMENT
TO PERMIT A LARGER BUILDING FOOTPRINT FOR
RELOCATED HERITAGE BUILDINGS AND
ACCESSORY BUILDINGS – MARKHAM HERITAGE ESTATES
(ZA 06 112355) (10.5, 16.11.3)

            Report  Attachment 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the report titled, “Town-Initiated Zoning By-law Amendment to Permit a Larger Building Footprint for Relocated Heritage Buildings and Accessory Buildings – Markham Heritage Estates,” dated March 20, 2007, be received;

 

And that a Public Meeting be held to consider the Town-initiated Zoning By-law Amendment to permit a larger building footprint for relocated heritage buildings and accessory buildings in the Markham Heritage Estates Subdivision;

 

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

CARRIED

 

 

 

 

 

 

 

10.       TAEMAN DEYONG (HAGERMAN VILLAGE)
            DUFFIELD DRIVE, WEST OF KENNEDY ROAD
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO PERMIT A RESTAURANT CAMPUS (ZA 06 135304) (10.5)

            Report  Attachment 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the staff report dated March 20, 2007, entitled: “Taeman Deyong (Hagerman Village) – Duffield Drive, west of Kennedy Road – Application for zoning by-law amendment to permit a restaurant campus (ZA 06 135304),” be received;

 

And that a Public Meeting be held to consider the application;

 

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

CARRIED

 

 

11.       ACCEPTANCE FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS 65M-3567, 65M-3601,
65M-3671, 65M3279 AND 65M-3707 (10.7)

            Report  Attachment  

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3567, 65M-3601, 65M-3671, 65M-3279 and 65M-3707,” dated March 20, 2007, be received;

 

And that the services in Subdivision Registered Plan Number 65M-3567, 65M-3601, 65M-3671, 65M-3279 and 65M-3707 be Accepted for Maintenance;

 

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 accept the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system;

 

And that acceptance of the subdivision 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 kilometres 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;

 

And that Staff be authorized and directed to do all things necessary to give effect to these resolutions.

CARRIED

 

 

12.       MATRUNDOLA, BLACKMORE, PACITTO AND RIZZI
NORTH OF EDWARD JEFFREYS AVENUE,
WEST OF HIGHWAY 48, WISMER COMMONS COMMUNITY
PROPOSED PLAN OF SUBDIVISION AND IMPLEMENTING
ZONING BY-LAW AMENDMENTS
(SU 02 111460 (19TM-95081) ZA 02 111457) (10.5, 10.7)

            Report  Att1  Att2  Att3  Att4  Correspondence

 

The Committee was advised that staff have been in talks with the applicant and have reached agreement on all outstanding woodlot issues with respect to the conditions of draft approval proposed by staff. A memorandum outlining the revisions to the conditions will be presented to Council at its meeting on March 27, 2007.

 

There was considerable discussion surrounding the request by the applicant for servicing allocation for six (6) additional units out of the Town’s reserve. It was noted that additional allocation from York Region is unlikely to be available until late 2010.

 

There was also discussion concerning the applicant’s request to amend the condition of draft approval relating to the Town’s right to revoke servicing allocation should construction not proceed in a timely manner. Committee was advised that the clause is standard in all draft plans of subdivision and if amended in this case it may set a precedent for future developments.

 

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

 

That the letter from Next Property Group, dated March 14, 2007, regarding draft plan of subdivision 19TM-95081 and requesting amendments to the proposed conditions for draft approval, be received;

 

And that draft plan of subdivision 19TM-95081 (Phase 1) by Matrundola, Blackmore, Pacitto and Rizzi, located within the Wismer Commons Community, be draft approved subject to the conditions of draft approval outlined in Appendix ‘A’;

 

 

 

And that the application submitted by Matrundola, Blackmore, Pacitto and Rizzi to amend Zoning By-laws 304-87 and 177-76, as amended, be approved for the residential portion of Phase 1 (67 units) of plan of subdivision 19TM-95081, and the draft by-laws attached as  Appendices ‘B’ and ‘C’, be finalized and enacted; 

 

And that servicing allocation for 61 units be granted to plan of subdivision 19TM-95081 (Phase 1) from the total allocation for the Wismer Commons Community, assigned in accordance with the June 20, 2006 report on servicing allocation;

 

And that servicing allocation for an additional six (6) units be granted to plan of subdivision 19TM-95081 (Phase 1) out of the Town’s reserve;

 

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

 

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

 

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 211-83, as amended by By-law 2007-15);

 

And further that the draft plan of subdivision approval will lapse after a period of three years commencing March 27, 2007 in the event that a subdivision 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

 

 

13.       SITE PLAN CONTROL APPLICATION
            TER-SKY DEVELOPMENTS INC.
            RELOCATION OF A HERITAGE HOUSE
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT
            (SC 05 022910) (10.6)

            Report  Attachment 

 

Mr. A. Windrum, on behalf of the applicant, advised that various unsuccessful attempts have been made to sell or lease the property at its current location. Mr. Windrum noted that relocating the property will make it possible to market it as a residential property, ensuring that the heritage features will be enhanced and maintained.

 

There was discussion surrounding the merits of engaging additional public input on the matter as well as the ongoing Environmental Assessment on the widening of Highway 48. Committee was advised that there has been public consultation on the matter and Heritage Markham received written submissions.

 

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

 

That Site Plan Control Application SC 05 022910 by Ter-Sky Developments Inc. for 29 James Walker Court, be endorsed in principle subject to compliance with the following conditions:

 

1. That the Owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of Town departments, including the following:

a) an exterior restoration plan for the exterior of the heritage house, including the installation of wood windows and doors consistent with the approved elevations;

b) a provision that any fencing along the west lot line facing Main Street South will be of a historically-appropriate style and no more than four feet in total height;

 

2. And that prior to execution of the site plan agreement, the Owner shall submit final drawings, and comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

3. And that the site plan agreement include provision for the payment by the Owner of all applicable fees, recoveries, and development charges;

 

4. And that the Owner agree to close off the existing driveway access to Main Street South;

 

5. And that the Owner provide the required road widening on Main Street South consistent with the widening taken for the rest of the Walker’s Hill Subdivision;

 

6. And that the Owner enter into a Heritage Conservation Easement with the Town;

 

7. And further that site plan approval shall lapse after a period of three years commencing March 20, 2007 in the event that the Owner does not enter into a site plan agreement with the Town during that period;

 

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

CARRIED

(See following motion to defer which was lost)

 

 

 

 

 

Moved by Regional Councillor J. Heath

Seconded by Councillor V. Burke

 

That Site Plan Control Application SC 05 022910 by Ter-Sky Developments Inc. for 29 James Walker Court be deferred for four (4) weeks to allow a public information session on the application to be held.

LOST

 

 

14.       COMMERCIAL FAÇADE IMPROVEMENT
GRANT ELIGIBILITY
EMERGENCY STOREFRONT REPAIR AND RESTORATION
HAMID IMANI 7705-7707 YONGE STREET
THORNHILL HERITAGE CONSERVATION DISTRICT (10.0)

            Report  Attachment 

 

Moved by Councillor V. Burke

Seconded by Deputy Mayor F. Scarpitti

 

That Council permit the owner of 7705-7707 Yonge Street to be eligible for the Markham Commercial Façade Improvement Grant Program prior to the regular application deadline date of May 1, 2007, due to the unique circumstances under which the storefront must be repaired, and the exceptional architectural and historical significance of this Yonge St. property;

 

And that the application be processed for early approval subject to the applicant meeting all other applicable requirements;

 

And that the Mayor and the Clerk be authorized to execute a Heritage Conservation Easement Agreement between the property owners of 7705-7707 Yonge St. and the Town;

 

And that the grant be funded through the Development Services (Heritage) Capital Accounts 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

 

 

15.       MARKHAM SPACE RACE 2006 FINAL REPORT (10.16)

            Report  Att1  Att2  Att3  Att4 

 

Mr. D. Ciastko, Senior Economic Development Officer, briefly outlined the details of the Markham Space Race 2006. Committee was advised that the awards were presented on February 26, 2007 and that work is underway to secure additional sponsors for 2007.

 

The Committee commended staff for their work and noted that a recent advertising flyer produced by Staples Business Depot had space dedicated to details on the Markham Space Race.

 

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

 

That the report titled “Markham Space Race 2006 Final Report” be received for information,

 

And that Staff bring forward the cost of the 2007 Space Race program in its forthcoming 2007 marketing plan report,

 

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

CARRIED

 

 

16.       JASMINE AND MIKE WALSH, 74 FAITHFUL WAY
            REQUEST FOR ADDRESS CHANGE (10.15)

            Correspondence

 

Staff noted that street numbering is only changed where there has been an error or where a change is recommended by the Fire Service. Staff advised that neither situation applies in this case. It was additionally noted that the Town does not allocate addresses to units within apartment buildings.

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

That the correspondence dated March 12, 2007 from, Jasmine and Mike Walsh, requesting a change to the street number for 74 Faithful Way, Markham, be received.

CARRIED

 

 

17.       NATIONAL RESEARCH COUNCIL PROJECT (10.16)

 

Mr. J. Livey, C.A.O., briefly updated Committee on the status of the National Research Council project following the recent federal Budget. Staff will provide a more detailed update at a future meeting.

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 12:00 p.m.