MINUTES

DEVELOPMENT SERVICES COMMITTEE

2007-05-29

Meeting No. 18

All Members of Council

Development Services Economic Development

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

Vice-Chair: Councillor J. Webster Transportation Issues

Chair: Regional Councillor G. Landon

PART B

Report Agenda

9:00 a.m. – Council Chamber

Attendance

Mayor F. Scarpitti Deputy Mayor J. Jones Regional Councillor J. Heath Regional Councillor T. Wong Regional Councillor G. Landon Councillor V. Burke Councillor E. Shapero Councillor J. Virgilio Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Regional Councillor J. Heath

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services R. Borooah, Town Architect M. Boyce, Senior Policy Coordinator C. Conrad, Town Solicitor B. Cribbett, Treasurer G. Duncan, Heritage Planner B. Karumanchery, Manager, East District R. Kendall, Manager, Central District T. Lambe, Manager, Policy and Research S. Saiyed, Manager, Transportation V. Shuttleworth, Director of Planning and Urban Design N. Surti, Planner M. West, Manager, Strategic Initiatives 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 G. Landon assumed the Chair for Transportation items, Nos. 14-19.

DISCLOSURE OF PECUNIARY INTEREST

None disclosed.

1. REGION OF YORK
PRELIMINARY GROWTH FORECAST (10.0)

Presentation

Mr. T. Lambe, Manager, Policy and Research, presented an overview of the Region of York’s Preliminary Growth Forecast for Markham. Mr. Lambe noted that there may be opportunities to increase the levels of intensification in Markham, Richmond Hill and Vaughan and that staff will investigate options.

Committee noted that intensification credit will not be received for any development taking place in Markham before 2015. Staff are discussing this issue with the province and it was suggested that the Region should also take this into account when formulating the growth forecasts.

There was discussion as to the impact of intensification on the character and the quality of life of the Town. Staff advised that a presentation on the Highway 7 Corridor Study, scheduled for June, 2007, will contain concepts illustrating how intensified developments may look.

Staff noted that areas of intensification, including Leitchcroft, will be visited during an upcoming tour of the OPA 5 communities.

Staff also noted that there are no current plans to extend the urban boundary into the existing white belt.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the presentation by Mr. T. Lambe, Manager, Policy and Research, regarding York Region’s Preliminary Growth Forecast, be received.

CARRIED

2. DEVELOPMENT SERVICES COMMITTEE MINUTES
- MAY 15, 2007, Part B (10.0)

Minutes

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

That the minutes of the Development Services Committee meeting, Part B, held May 15, 2007, be confirmed.

CARRIED

3. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- MAY 15, 2007 (10.0)

Minutes

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

That the minutes of the Development Services Public Meeting, held May 15, 2007, be confirmed.

CARRIED

4. MINUTES – CORNELL ADVISORY GROUP
MARCH 19, 2007 (16.34)

Minutes

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

That the minutes of the Cornell Advisory Group meeting held on March 19, 2007, be received.

CARRIED

5. MINUTES – HERITAGE MARKHAM COMMITTEE
MAY 9, 2007 (16.11)

Minutes

Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

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

And that staff report back to Development Services Committee on the following resolution of Heritage Markham Committee:

“That Council request the Region of York to identify the protection of built heritage as a goal in its Planning for Tomorrow 2007 Public Consultation Process on the York Region Preliminary Draft Sustainability Strategy: Towards a Sustainable Region.”

CARRIED

6. MINUTES – PUBLIC INFORMATION MEETING
LANGSTAFF AREA OF THORNHILL
MAY 1, 2007 (10.0)

Minutes

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

That the minutes of the Public Information Meeting held on May 1, 2007, be received.

CARRIED

7. ACCEPTANCE FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS 65M-3633, 65M-3634,
65R-25622 PARTS 4, 6, 7 AND 8, 65M-3644, 65M-3605,
65M-3526, 65R-21711 PARTS 1 TO 6, 65M-3660, 65M-3044,
65M-3045, 65R-26787 PART 4, 65M-3672, 65M-3637, 65M-3296,
65R-21662 PARTS 3 AND 5, 65R-24471 PARTS 3 AND 4,
65R-19466 PART 1, 65R-18982 PARTS 1, 2 AND 3 (10.7)

Report

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3633, 65M-3634,65R-25622 Parts 4, 6, 7 and 8, 65M-3644, 65M-3605, 65M-3526, 65R-21711 Parts 1 to 6, 65M-3660, 65M-3044,65M-3045, 65R-26787 Part 4, 65M-3672, 65M-3637, 65M-3296, 65R-21662 Parts 3 and 5, 65R-24471 Parts 3 and 4, 65R19466 Part 1, 65R-18982 Parts 1, 2 and 3”, dated May 29, 2007, be received;

And that the services in Subdivision Registered Plan Numbers 65M-3633, 65M-3634,65R-25622 Parts 4, 6, 7 and 8, 65M-3644, 65M-3605, 65M-3526, 65R-21711 Parts 1 to 6, 65M-3660, 65M-3044,65M-3045, 65R-26787 Part 4, 65M-3672, 65M-3637, 65M-3296, 65R-21662 Parts 3 and 5, 65R-24471 Parts 3 and 4, 65R19466 Part 1, 65R-18982 Parts 1, 2 and 3, 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 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘F’ of the speed By-law # 105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘C’ of the Parking By-law # 2005-188, by including no parking on 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

8. TOWN OF MARKHAM
PARKING PROGRAMME UPDATE (2.17)

Report

**Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That the report entitled “Town of Markham Parking Programme” be received;

And that staff continue the on-street permit parking programme in existing areas and consider expanding the program on a case by case basis;

And that a Committee of Council be established to make recommendations to Council on matters relating to the Town’s Parking Programme including the operations of municipally owned or operated surface parking lot(s) and structure(s), and other issues such as analyses of similar programmes in other municipalities, provision of disabled parking spots near Main Streets, provision of dedicated parking for alternative vehicles such as scooters, partnerships with GO Transit, and discussions with the Municipal Property Assessment Corporation on tax incentives for underground parking lots;

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

CARRIED

---------------------------------------------------------------

**Clause 3 amended by Council at its meeting on June 12, 2007 to read as follows:

“And that a Committee of Council be established to make recommendations to Council on matters relating to the Town’s Parking Programme including the operations of municipally owned or operated surface parking lot(s) and structure(s), and other issues such as analyses of similar programmes in other municipalities, provision of disabled parking spots near Main Streets, provision of dedicated parking for alternative vehicles such as scooters, partnerships with GO Transit and YRT/Viva, and discussions with the Municipal Property Assessment Corporation on tax incentives for underground parking lots;”

9. CRITERIA FOR ASSESSMENT OF
ONTARIO MUNICIPAL BOARD APPEALS
(COMMITTEE OF ADJUSTMENT)
LEGAL FILES NO. 07 0411 LG 0051 (10.12, 8.0)

Report

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That the report entitled “Criteria for Assessment of Ontario Municipal Board Appeals – (Committee of Adjustment)” be received.

And that Council have regard to the criteria described in this report in determining when:

· Town staff should attend Ontario Municipal Board (OMB) Committee of Adjustment appeals; or

· decisions of the Committee of Adjustment should be appealed by the Town.

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

CARRIED

10. DEMOLITION PERMIT APPLICATION 07 113524 DP
CARMEN NACCARATO
94 JOHN STREET
THORNHILL HERITAGE CONSERVATION DISTRICT (16.11)

Report Map Attachment

Mr. C. Naccarato, Applicant, spoke to request a deferral to the next meeting of the Development Services Committee to allow sufficient time to prepare.

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

That consideration of the following recommendation be deferred to the June 12, 2007 meeting of Development Services Committee:

“That Council refuse Demolition Permit Application 07 113524 DP for 94 John Street in the Thornhill Heritage Conservation District on the basis of the cultural heritage value or interest of this prime example of an early 20^th century bungalow and the small barn in the in the rear yard;

And that the property owner be notified of Council’s decision to refuse the demolition permit application;

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

And that it be noted that the owner agreed that any additional consultation time will not be included in the 90 day appeal period.

CARRIED

11. HOME DEPOT HOLDINGS INC.
APPLICATION FOR SITE PLAN APPROVAL
TO PERMIT A LARGE FORMAT RETAIL STORE
AT THE SOUTHWEST CORNER OF HWY NO. 48
AND CASTLEMORE AVENUE
(SC 06 127597) (10.6)

Report Attachment Memo

Moved by Councillor C. Moretti

Seconded by Councillor A. Chiu

That the report dated May 29, 2007, entitled, “Home Depot Holdings Inc., Application for Site Plan Approval to permit a large format retail store at the southwest corner of Hwy No. 48 and Castlemore Avenue,” be received;

And that the Site Plan Application (File No. SC 06 127597) submitted by Home Depot Holdings Inc. to permit a large format retail store at the southwest corner of Hwy No. 48 and Castlemore Avenue, be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

And that the 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

12. COTTONLANE ESTATES INC.
158, 168, 178 OLD KENNEDY ROAD
DRAFT PLAN OF SUBDIVISION (19TM-05019)
TO CREATE A PARK BLOCK,
A MEDIUM DENSITY BLOCK AND
A MIXED USE BLOCK ON THE
WEST SIDE OF OLD KENNEDY ROAD,
SOUTH OF VICTORY AVENUE
MAIN STREET MILLIKEN
(SU.05-023993) (10.7)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That the report dated May 29, 2007 entitled “Cottonlane Estates Inc., 158, 168 and 178 Old Kennedy Road, Draft Plan of Subdivision (19TM-05019) to create a park block, a medium density block and a mixed use block on the west side of Old Kennedy Road, south of Victory Avenue, (SU.05-023993)” be received;

And that the record of the Public Meeting held on October 3, 2006, regarding the proposed plan of subdivision be received;

And that draft plan of subdivision 19TM-05019 located on the west side of Old Kennedy Road, south of Victory Avenue, proposed by Cottonlane Estates Inc., be draft approved subject to the conditions outlined in Appendix ‘A’;

And that the Owner shall enter into a No Presale Agreement with the Town, 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 lands (19TM-05019), until full servicing allocation has been granted by Council for the proposed development, prior to draft plan approval being issued. The Agreement shall include but not be limited to the following:

(A) Not to enter into any agreements or purchase and sale with end users (eventual homeowner who is purchasing an individual lot containing a dwelling for the purpose of occupancy) for the subject lands until such time as:

(a) i. York Region has advised in writing that it is no earlier than twelve (12) months prior to the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the Southeast Collector Trunk Sewer project; and

ii. The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the subject development;

or,

(b) the Town of Markham approves the assignment of servicing allocation to this development that is not dependent upon the construction of infrastructure;

or

(c) the Regional Commissioner of Transportation and Works confirms servicing capacity for this development by a suitable alternative method and the Town of Markham allocates the capacity to this development;

And

(B) Not enter into any agreements of purchase and sale with non end users for the subject lands unless the agreement of purchase and sale contains a condition that requires the purchaser and any subsequent purchasers to enter into a separate agreement with the Town of Markham, which agreement shall be registered on title, committing the Owner to the same terms as set out in item A above;

And that the Owner shall apply for a zoning by-law amendment to permit the proposed stacked townhouse development, mixed use block and parkette. This approval shall be in place prior to final draft plan approval;

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;

And that the draft plan approval for plan of subdivision 19TM-05019 will lapse after a period of three years commencing May 29, 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. NAAM GROUP INC.
SOUTH-WEST CORNER OF YORKTECH DRIVE
AND RODICK ROAD
APPLICATIONS FOR ZONING BY-LAW AMENDMENT
AND SITE PLAN APPROVAL FOR A
MULTIPLE TENANT INDUSTRIAL BUILDING
WITH ACCESSORY RETAIL
(ZA 06 114625 AND SC 114629)(10.5, 10.6)

Report Appendix B Maps

Mr. E. Wormsbecker, Naam Group Inc., presented elevation drawings and a site plan.

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

That the report dated May 29, 2007 entitled “RECOMMENDATION REPORT, Naam Group Inc., South-west corner of Yorktech Drive and Rodick Road, Applications for zoning by-law amendment and site plan approval for a multiple tenant industrial building with accessory retail,” be received;

And that the draft implementing zoning by-law attached as Appendix ‘B’ be finalized and enacted;

And that the application for site plan approval 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 once the conditions outlined above have been satisfied. Site Plan approval is issued only when the Director has signed the site plan;

And that this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing May 29, 2007, in the event that the site plan agreement is not executed within that period;

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

CARRIED

14. REVIEW OF CITIZEN REQUESTS FOR TOWN-WIDE
THREE HOUR MAXIMUM PARKING RESTRICTION (5.12.4)

Report

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That the report titled, “Review of Citizen Requests for Town-wide Three-hour Maximum Parking Restriction”, dated May 29, 2007, be received;

And that a Town-wide three-hour maximum parking restriction by-law not be implemented at this time;

And that by-law 2005-188, Schedule D, titled “Parking for a Restricted Period” continue to be enforced as a means of restricting parking on an individual basis, where conditions are justified;

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

CARRIED

15. SNOWDON CIRCLE STOPPING PROHIBITION (5.12.3)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

That the report titled, “Snowdon Circle Stopping Prohibition” dated May 15, 2007, be received;

And that the attached by-law to amend Schedule D of Parking By-law 2005-188, pertaining to “Parking for a Restricted Period,” by including both sides of Snowdon Circle, from the north intersection of Mansfield Lane to the south intersection of Mansfield Lane, be approved;

And that the Operations Department be directed to install and maintain the appropriate signs upon approval of the attached by-law;

And that the Parking Control Department be directed to enforce the parking restrictions upon installation of the signs;

And that the Clerks Department be directed to forward a copy of this report to GO Transit staff regarding improvements to the Centennial GO Station passenger drop-off and pick-up facility;

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

CARRIED

16. PETITION FROM YONGE STREET AREA RESIDENTS
AND BUSINESSES OPPOSED TO THE
PROPOSED DEDICATED VIVA BUS LINE
BETWEEN STEELES AVENUE AND HIGHWAY 7 (5.10, 5.14)

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That the petition from Yonge Street area residents and businesses opposed to the proposed dedicated VIVA bus line between Steeles Avenue and Highway 7, totalling 918 signatures be received.

CARRIED

17. TORONTO AND REGION CONSERVATION AUTHORITY
COMMENTS ON THE FIRST PHASE OF REGULATIONS
UNDER THE CLEAN WATER ACT 2006 (5.3)

Correspondence

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That the letter from the Toronto and Region Conservation Authority (TRCA), dated May 9, 2007, providing comments to the Ministry of the Environment’s first phase of Regulations under the Clean Water Act, 2006, be received.

CARRIED

18. 16th AVENUE – YONGE STREET TO
YORK/DURHAM LINE
CLASS ENVIRONMENTAL ASSESSMENT STUDY
TOWNS OF RICHMOND HILL AND
MARKHAM, YORK REGION (5.10)

Correspondence

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That the letter dated May 15, 2007 advising that a Public Consultation Centre (PCC) regarding future road needs and improvements for the 16^th Avenue corridor between Yonge Street and York/Durham Line will be held on May 30 and 31, 2007 be received.

CARRIED

19. PETITION FROM RESIDENTS ADJACENT TO
MARKHAM DISTRICT HIGH SCHOOL (10.0)

Correspondence

Committee noted that the Town Clerk has agreed to clarify the policy for including correspondence on Standing Committee agendas.

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That the petition from residents adjacent to Markham District High School requesting a second public meeting regarding the proposed construction of a new High School and demolition of the existing school be received.

CARRIED

20. IN CAMERA ITEMS (10.12)

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That Development Services Committee resolve into an in camera session to discuss the following confidential matters: (10:55)

(1) APPEAL OF COMMITTEE OF ADJUSTMENT

(2) APPEAL OF COMMITTEE OF ADJUSTMENT

CARRIED

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That the Committee rise. (11:02)

CARRIED

21. TOWN OF MARKHAM PARKING
PROGRAMME UPDATE (5.12.4)

Ms. M. West, Manager, Strategic Initiatives, presented an overview of Markham’s Parking Programme. Options for a governance model, including a Municipal Services Board, Municipal Corporation or Committee of Council, were outlined and total revenues from paid parking were stated as $13,000.

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That the presentation by Ms. M. West, Manager, Strategic Initiatives, providing an update on the Town of Markham Parking Programme, be received.

CARRIED

22. SERVICING ALLOCATION UPDATE,
PROPOSED REGIONAL SERVICING PROTOCOL
FOR POST 2010 DEVELOPMENT (5.5)

Ms. V. Shuttleworth, Director, Planning and Urban Design, presented an overview of the Proposed Regional Servicing Protocol for Post-2010 Development. It was noted that the status of the Duffin Creek Water Pollution Control Plant and the South East Collector Trunk Sewer projects required the Region to produce an interim proposal for new developments. The elements of the proposal were outlined which provide one year of draft approval without servicing allocation.

Staff advised that a number of issues need to be tackled including a re-examination of the one year release in 2008, and a reassessment of Markham’s proposed allocation based on the 5-year average for development in the Town. Staff will work with Regional staff to establish a process for Site Plan Approval applications and continue to work with the Region and industry regarding a process through to 2012 and beyond.

Staff will report back with the proposed distribution of the one year supply in the fall of 2007. Additionally, staff agreed to present information on the use of xenon technology.

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the presentation from Ms. V. Shuttleworth, Director, Planning and Urban Design, regarding Servicing Allocation Update, Proposed Regional Servicing Protocol for Post 2010 Development, be received.

CARRIED

23. YONGE STREET CORRIDOR STUDY COORDINATION (5.10, 10.0)

Report

Moved by Regional Councillor T. Wong

Seconded by Councillor V. Burke

That the staff memo entitled "Yonge Street Corridor Study Coordination", be received;

And that Markham staff be authorized to coordinate with the City of Vaughan on Yonge Street Corridor detailed planning/urban design studies as outlined in the memo;

And further that the Region of York be requested to coordinate an inter-municipal review of basic land use (population and employment) targets along the Yonge Street Corridor, in support of the ongoing consideration of transit options.

CARRIED

ADJOURNMENT

The Development Services Committee meeting adjourned at the hour of 11:40 a.m.