MINUTES

DEVELOPMENT SERVICES COMMITTEE

2008-02-05

Meeting No. 3

All Members of Council

Development Services Economic Development

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

Vice-Chair: Councillor D. Horchik Transportation Issues

Chair: Regional Councillor G. Landon

PART B

Report Agenda

9:00 a.m. – Council Chamber

Attendance

Mayor F. Scarpitti Deputy Mayor J. Heath Regional Councillor J. Jones 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

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Brown, Director of Engineering C. Conrad, Town Solicitor G. Duncan, Heritage Planner V. Shuttleworth, Director of Planning and Urban Design A. Tari, Committee Clerk

The Development Services Committee convened at the hour of 9:00 a.m. in the Council Chamber with Councillor J. Webster in the Chair. Regional Councillor G. Landon assumed the Chair for Transportation items, Nos.1-3 and 21.

DISCLOSURE OF PECUNIARY INTEREST

Councillor J. Virgilio disclosed an interest with respect to Items 13 and 14, by nature of representing the owners, and did not take part in the consideration or discussion of or vote on the question of the approval of such matters.

1. HIGHWAY 404 MID-BLOCK CROSSING
BETWEEN MAJOR MACKENZIE DRIVE AND
ELGIN MILLS ROAD (5.10)

Staff advised they have consulted with Ms. Roman-Barber and she is agreeable to deferring this matter to the February 19, 2008 Development Services Committee Meeting.

Moved by Councillor J. Webster

Seconded by Councillor C. Moretti

That the email dated January 29, 2008 from Ms. Helen Roman-Barber requesting the Highway 404 Mid-block Crossing between Major Mackenzie Drive and Elgin Mills Road report be deferred for one week, be received.

That Highway 404 Mid-Block Crossing Between Major Mackenzie Drive and Elgin Mills Road be deferred to the Development Services meeting on Tuesday, February 19, 2008.

CARRIED

2. MARKHAM TRANSPORTATION STRATEGIC PLAN
- CONSULTANT SELECTION RFP #152-R-07 (5.10, 7.12.2)

Report Attachment

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Webster

That the report entitled “Markham Transportation Strategic Plan - Consultant Selection RFP # 152-R-07,” be received;

And that the Request for Proposal #152-R-07 be awarded to the highest ranked and third lowest consortium led by IBI Group for an upset limit of $459,900 exclusive of GST ($482,895 inclusive of 5% GST);

And that a contingency amount of $75,000 exclusive of GST ($78,750 inclusive of GST) be established to cover any additional costs and that the Director of Engineering be authorized to approve expenditures of this contingency up to the specified limit;

And that the award be funded from the 2008 Engineering Capital Budget project # 8203, Markham Transportation Strategic Plan;

And that the 2008 Capital Project # 8203 be pre-approved and increased by $132,100 exclusive of GST from $450,900 to $583,000 (exclusive of GST) and be funded through the development charges;

And that upon payment of all invoices, any remaining funds be returned to the original funding source;

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

CARRIED

3. NINTH LINE SEWER IN THE CORNELL COMMUNITY (5.5)

Report Attachment

Mr. A. Brown, Director of Engineering, advised that the Town has reached an agreement in principle with The Region of York and the Cornell Landowners Group regarding the Ninth Line Sewer in Cornell.

The Committee discussed the possibility of maintaining storm water on-site (specifically the Markham Stouffville Hospital site). Staff advised of the problems associated with hard surfaces in this area, such as clay, which are impervious and therefore, make it difficult for water to get into the ground. On site storage options will be pursued with Markham Stouffville Hospital at the site plan stage, but will not eliminate the need for storm ponds for major storm events.

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

That the February 5, 2008 report entitled “Ninth Line Sewer in the Cornell Community” be received;

And that the Chief Administrative Officer be authorized to finalize negotiations with the Region of York, 605918 Ontario Limited and the Markham Stouffville Hospital, on the cost sharing of the Ninth Line storm sewer;

And that the Mayor and the Clerk be authorized to execute a Cost Sharing Agreement with the Region of York, 605918 Ontario Limited, the Markham Stouffville Hospital, and any other necessary parties, to the satisfaction of the Chief Administrative Officer and Town Solicitor;

And that the Cornell Landowners Group and/or Lindvest Properties (Cornell) Limited be provided additional servicing allocation of two hundred (200) residential units (132 units upon financing of the sewer and the remaining 68 units in 2011) for the payment of the Town’s and at least 50% of Markham Stouffville Hospital’s shares of the 9^th Line storm sewer;

And that the CAO be authorized to execute a Memorandum of Understanding with the Cornell Landowners Group and/or Lindvest Properties (Cornell) Limited related to the financing of the 9th Line storm sewer and additional servicing allocation;

And that the Region of York be requested to contribute 50% of the Markham Stouffville Hospital’s share of the 9^th Line storm sewer;

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

CARRIED

4. INTERNAL PROPERTY STANDARDS BY-LAW (10.0)

Presentation

Ms. Sheila Birrell, Town Clerk, delivered a brief presentation regarding the possible implementation of an Internal Property Standards By-law in Markham.

The Committee thanked Ms. Birrell for her presentation and for attending the Second Suites Subcommittee meetings.

The Committee discussed the pros and cons of implementing an Internal Property Standards By-law. Staff advised that approximately six complaints are annually referred to the Ministry of Municipal Affairs and Housing. Staff will enquire if air quality could be included in the By-law.

Moved by Regional Councillor T. Wong

Seconded by Councillor D. Horchik

That the presentation by Ms. Birrell, Town Clerk regarding the possible implementation of an Internal Property Standards By-law in Markham, be received.

CARRIED

5. DEVELOPMENT SERVICES COMMITTEE MINUTES
- January 15, 2008, Part B (10.0)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Development Services Committee meeting, Part B, held January 15, 2008, be confirmed.

CARRIED

6. MAIN STREET MARKHAM COMMITTEE MINUTES
-- November 21, 2007
- January 16, 2008 (16.39)

Nov. 21 Jan. 16

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That the minutes of the Main Street Markham Committee meetings held on November 21, 2007 and January 16, 2008, be received, and;

That the Main Street Markham Committee recommendations regarding the installation of map signs at each Municipal parking lot, the suggested adjustments to the current Heritage Parking signs, and the suggested locations for installation of directional parking signs be referred back to Staff for a memo and recommendation.

CARRIED

7. HERITAGE MARKHAM COMMITTEE MINUTES
- January 9, 2008 (16.11)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Heritage Markham Committee meeting held on January 9, 2008, be received.

CARRIED

8. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF NOVEMBER 3, 2007 TO JANUARY 11, 2008 (10.0)

Report

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of November 3, 2007 to January 11, 2008” 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

9. COTTONLANE ESTATES INC.
ZONING BY-LAW AMENDMENT APPLICATION
TO FACILITATE A MIXED-USE
RESIDENTIAL/COMMERCIAL BUILDING,
82 STACKED TOWNHOUSE UNITS AND A PARKETTE.
158, 168 AND 178 OLD KENNEDY ROAD
MAIN STREET MILLIKEN
(ZA 07 133824) (10.5)

Report Attachment

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the report dated February 5, 2008 entitled “PRELIMINARY REPORT, Cottonlane Estates Inc, Zoning By-law amendment application to facilitate a mixed-use residential/commercial building, 82 stacked townhouse units and a parkette, 158, 168 and 178 Old Kennedy Road, Main Street Milliken, ZA 07 133824” be received.

That Staff be authorized to schedule a Public Meeting to consider the Zoning By-law amendment application (ZA 07 133824).

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

CARRIED

10. ROY AND SUSIE HANDAPANGODA
ZONING BY-LAW AMENDMENT APPLICATION
TO FACILITATE A SEVERANCE AT
16 RIVER BEND ROAD TO CREATE
TWO SINGLE FAMILY RESIDENTIAL LOTS
(ZA 07 133206) (10.5)

Report Attachment

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the report dated February 5, 2008 entitled “PRELIMINARY REPORT, Roy and Susie Handapangoda, Zoning By-law amendment application to facilitate a severance at 16 River Bend Road to create two single family residential lots” be received.

That Staff be authorized to schedule a Public Meeting to consider the Zoning By-law amendment application.

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

CARRIED

11. HERITAGE WEEK 2008 PROCLAMATION
FEBRUARY 20-26, 2008 (16.11)

Report

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the week of February 17-23, 2008 be proclaimed as Heritage Week in the Town of Markham; and,

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

CARRIED

12. APPLICATION FOR SITE PLAN APPROVAL
TO PERMIT A 5 STOREY OFFICE BUILDING AT
220 COMMERCE VALLEY DRIVE WEST
METRUS PROPERTIES INC.
(SC 07 127439) (10.6)

Report Attachment

Mr. Baldassara, on behalf of Metrus Properties Inc., advised the Committee that Metrus Properties Inc. are striving for LEED components at 220 Commerce Valley Drive West.

The Committee discussed the opportunity for Metrus Properties to attain a higher level of LEED certification (Silver or Gold). Staff advised that the applicant has been very cooperative and that they will continue to discuss the achievable level of LEED. Staff also advised that delayed site plan approval has been granted and a conditional permit has already been issued and the building plans have been submitted. Mr. Baldassara noted that in order to move from basic LEED certification to Silver, it would require changes to the building’s interior plans and a significant increase in costs. The Committee suggested deferring this item to the Council meeting February 12, 2008 to allow the applicant an opportunity to review the required elements to possibly attain a Silver LEED certification.

Staff advised that the Town of Markham encourages LEED certification but, does not currently have a policy in place regarding the attainment of a certain level of LEED certification and that there is no statutory legislation which enables us to require LEED certification.

Moved by Mayor F. Scarpitti

Seconded by Councillor E. Shapero

That the applicant report back at the February 12, 2008 Council meeting regarding the level of LEED certification achievable for this building, and;

That the information report dated February 5, 2008 regarding the proposed Site Plan Approval for 220 Commerce Valley Drive, be received as information relative to the Development Services Committee meeting dated October 23, 2007.

CARRIED

13. 1027174 ONTARIO LTD. & 1482058 ONTARIO LTD.
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT LOCAL COMMERCIAL USES ON LANDS
AT THE SOUTHEAST CORNER OF MAJOR MACKENZIE DRIVE
AND DONALD COUSENS PARKWAY WITHIN THE
GREENSBOROUGH SECONDARY PLAN AREA
(ZA 07 109982) (10.5)

Report Attachment

Moved by Regional Councillor J. Jones

Seconded by Regional Councillor G. Landon

That a public meeting be held to consider the application submitted by 1027174 Ontario Ltd. and 1482058 Ontario Ltd. for a zoning by-law amendment to permit local commercial uses on lands at the southeast corner of Major Mackenzie Drive and Donald Cousens Parkway (ZA 07 109982), once a comprehensive Community Design Plan for the area north and east of Donald Cousens Parkway within the Greensborough Secondary Plan area has been submitted to the Town.

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

CARRIED

14. SERVICING ALLOCATION UPDATE (5.5)

Report Appendix A Appendix B-D

Ms. V. Shuttleworth delivered a brief update on Servicing Allocation stating there have been minor adjustments since the November 27, 2007 presentation. Ms. Shuttleworth advised that the Town of Markham is the only Region of York Municipality that has agreed to participate in the Sustainable Development Through LEED program with the Region of York. Staff thanked the development industry for its cooperation and their support through this process.

Staff confirmed that the request from Malone Given Parsons Ltd., on behalf of Vetmar Ltd., to extend the March 1, 2008 deadline will be granted. Staff also advised that in any new communities that have a Developers Group the service allocation is assigned to the Trustee who distributes the allocation in accordance to the Developers Group agreement.

The Committee discussed the reserve allocation, three stream waste reduction and the projected Regional target of 70-30% split between allocation to low density and medium/high density. Staff will report back on whether a specific resolution was passed by Council regarding mandatory three stream waste reduction for medium and high density buildings. Staff suggested reminding the Region of their 50-50% target based on their 2021 Regional Plan.

The Committee thanked Jim Baird, Commissioner of Development Services, Valerie Shuttleworth, Director of Planning and Urban Design, Alan Brown, Director of Engineering and Jamie Bosomworth, Manager Strategy and Innovation for all of their efforts and work with respect to the service allocation distribution.

Moved by Regional Councillor J. Jones

Seconded by Councillor E. Shapero

That the February 5, 2008 report entitled “Servicing Allocation Update” be received;

And That Markham Council re-distribute the Town Servicing Allocation Reserve as noted in Tables 3 and 4;

And That Markham Council allocate conditional 2011 servicing capacity as noted in Table 6 and Appendix “A” attached to this report;

And That the conditions for the distribution of the Town Reserve and 2011 allocation as noted in Tables 4 and 7 be endorsed and Staff be authorized to update them at the draft plan/site plan approval stage;

And That Markham Council support the Regional policy (adopted by Regional Council on June 21, 2007) related to provision of a 20-35% increase in servicing allocation for developments that meet the “Sustainable Development Through LEED” criteria (Appendix “B”) and advise the Region that the Town of Markham wishes to participate in the program;

And That staff report back to Council, on a site specific basis regarding projects proceeding under the “Sustainable Development Through LEED” program;

And That staff continue to work with the Region on developing a process to deal with triggers for the site plan approval process (high density development);

And That the written submissions regarding servicing allocation, included in Appendix “D”, be received;

And that the correspondence dated January 30, 2008, from Mr. Peter Slama, Stantec Consulting Ltd., on behalf of the Cathedral Community - West Landowners Group confirming and thanking the Town for the proposed 300 units of conditional servicing allocation, be received;

And that the correspondence dated February 4, 2008, from Malone Given Parsons Ltd., on behalf of Vetmar Ltd., advising the March 1, 2008 deadline might not be achieved, be received;

And that the Region of York be requested to include in their criteria revenue to other transit providers (eg. TTC, GO Transit);

And that the medium and high density LEED developments be required to participate in the Regional “Sustainable Development Through LEED” program, including LEED Silver certification and 3-stream waste separation, as a condition of service allocation;

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

15. HERITAGE PERMIT APPLICATION
METAL TILE ROOF FOR MARKHAM VILLAGE LANES
140-152 MAIN STREET NORTH; 12 WILSON STREET
APPLICANT: DAVID JOHNSTON/1209094 ONTARIO LIMITED
MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT
HE 07 131343 (16.11)

Report Attachment

Mr. Brian Sherman, addressed the Committee with respect to the metal roofing materials used at 140-152 Main Street North and 12 Wilson Street. He advised the roofing materials are not tiles but, rather a thin steel roofing system with a gentle slope. Mr. Sherman stated that although metal materials are not preferred in the Heritage guidelines, it is acceptable.

Staff discussed the background, the compromise position recommended by staff and possible outcomes.

Moved by Councillor C. Moretti

Seconded by Councillor E. Shapero

That Development Services Committee resolve into an in-camera session to discuss a confidential legal matter relative to the Markham Village Heritage Conservation District.

(12:01 p.m.)

CARRIED

Moved by Councillor E. Shapero

Seconded by Councillor J. Virgilio

That the Committee rise (12:16 p.m.)

CARRIED

Moved by Councillor C. Moretti

Seconded by Councillor E. Shapero

That in response to Heritage Permit Application HE 07 131344, Council require the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan;

That the metal tile roofing be permitted to remain on all portions of Markham Village Lanes that are not considered heritage buildings;

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

CARRIED

16. WOODJANE CORPORATION
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATIONS TO PERMIT A
TWO-STOREY MIXED-USE COMMERCIAL PLAZA
AT 8241 WOODBINE AVENUE
(ZA 06 134156 & SC 07 130237) (10.5, 10.6)

Report Attachment By-law

Moved by Councillor D. Horchik

Seconded by Councillor J. Virgilio

That the report dated February 5, 2008 entitled “RECOMMENDATION REPORT, Woodjane Corporation, Zoning By-law amendment and Site Plan applications to permit a two-storey mixed-use commercial plaza at 8241 Woodbine Avenue” be received;

That the record of the Public Meeting held on May 29^th, 2007, regarding the proposed Zoning By-law amendment be received;

That the draft implementing Zoning By-law (ZA 06 134156) to amend By-laws 2284-68 and 165-80, as amended, attached as Appendix ‘B’ be finalized and enacted;

That the application for Site Plan approval (SC 07 130237) by Woodjane Corporation, for a two-storey mixed-use commercial plaza be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

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

CARRIED

17. TOWN INITIATED OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENTS
FOR POLICIES AND DEVELOPMENT STANDARDS
FOR RURAL RESIDENTIAL AREAS
(OP.06-133377 AND ZA.06-133382) (10.3, 10.5)

Report Attachment

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

That the report dated February 5, 2008 entitled “Town initiated Official Plan and Zoning By-law amendments for Policies and Development Standards for Rural Residential Areas” be received;

That the Town initiated Official Plan amendment, attached as Appendix ‘A’ to the February 5, 2008 Development Services Committee report, (File OP.06-133377) to amend the policies of the Official Plan for lands designated Rural Residential be adopted;

That the Town initiated Zoning By-law amendment, attached as Appendix ‘B’ to the February 5, 2008 Development Services Committee report, (File ZA.06-133382) to add development standards to By-law 304-87, as amended for lands zoned Rural Residential Estate be passed;

That Council confirm, as per Section 34(17) of the Planning Act, that no further Public Notice is required;

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

CARRIED

18. COMMENTS ON PROPOSED FINAL BUILT BOUNDARY
FOR THE GROWTH PLAN FOR THE
GREATER GOLDEN HORSESHOE (10.0)

Report Attachment

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Virgilio

That the Report dated February 5, 2008 entitled “Comments on Proposed Final Built Boundary for the Growth Plan for the Greater Golden Horseshoe” be received;

And whereas the Provincial Growth Plan for the Greater Golden Horseshoe, 2006, requires municipalities to develop and implement through their Official Plans and other supporting documents, a strategy and policies to phase in and achieve intensification and the provincial intensification target within the settlement area;

And whereas the Growth Plan provides that municipalities shall identify locations for intensification to contribute to the intensification target;

And whereas both the Region of York and the Town of Markham regard Cornell Centre as one of the locations within the Highway 7 regional corridor intended to achieve intensification and the provincial intensification target within the settlement area;

And whereas Cornell Centre is by definition an intensification area within an intensification corridor and the policies of the Region of York and the Town of Markham pertaining to Cornell Centre are structured to support achievement of the provincial intensification target;

And whereas intensification corridors such as the Highway 7 regional corridor in Markham and intensification areas such as Cornell Centre located within the settlement area form part of the Regional and Town strategies to implement the intensification objectives of the Growth Plan and these intensification areas should be recognized as contributing to those objectives;

Now therefore be it resolved that Markham Council requests the Minister of Public Infrastructure Renewal and Ontario Growth Secretariat staff to work together in a coordinated and collaborative way with the Region of York and the Town of Markham to develop a more inclusive approach to addressing municipal preferences for intensification and to properly recognize Cornell Centre as an intensification area on an intensification corridor;

And that Council request the Ministry of Public Infrastructure Renewal staff to further refine the built boundary in York Region to include Cornell Centre in its entirety before it is finalized, or alternatively, confirm a process to ensure that Cornell Centre projects are recognized as contributing towards the intensification target of the Growth Plan for the Greater Golden Horseshoe;

And that the Mayor compose a cover letter similar to the correspondence submitted by Regional Chair Bill Fisch;

And that the Clerk be requested to forward a copy of this report to the Minister of Public Infrastructure Renewal, the Assistant Deputy Minister for the Ontario Growth Secretariat, and the Region of York.

19. SUBCOMMITTEE ON SECOND SUITES
RECOMMENDATIONS (10.0)

Report Attachment

That consideration of the Subcommittee on Second Suites Recommendations be deferred to the Development Services Committee meeting to be held on February 19, 2008.

20. NORTH MARKHAM LANDOWNERS' GROUP
COMMENTS ON THE ROUGE RIVER WATERSHED PLAN
FINAL DRAFT 2007 (10.8)

Letter

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

That the correspondence dated January 16, 2008 from Mr. Ted Nickerson, Malone Given Parson Ltd., on behalf of the North Markham Landowners' Group regarding the group's response to the Rouge River Watershed Plan - Final Draft 2007, be received and referred to staff for information.

CARRIED

21. REGION OF YORK
YONGE SUBWAY ADVISORY TASK FORCE
- DRAFT TERMS OF REFERENCE (10.0, 13.4)

Letter Draft Terms of Reference Attachment 1

The Committee discussed the possibility of having landowners participate with the Yonge Subway Advisory Task Force. The Mayor indicated he will obtain further clarification from the Region of York with respect to the “non-elected representative” on the Task Force and report back at the February 12, 2008, Council meeting.

Moved by Regional Councillor T. Wong

Seconded by Mayor F. Scarpitti

That the correspondence dated January 30, 2008 from Mr. Denis Kelly, Regional Clerk, the Region of York requesting:

Appointment of two (2) Members of Council and one (1) non-elected representative to sit on the Yonge Subway Advisory Task Force, and;

That the Yonge Subway Advisory Task Force - Draft Terms of Reference, be received and referred to staff for comments, and;

That Mayor Frank Scarpitti and Councillor Valerie Burke be the two appointed Members of Council to sit on the Yonge Subway Advisory Task Force, and;

That the non-elected representative to sit on the Yonge Subway Advisory Task Force be deferred to the Council meeting on February 12, 2008.

CARRIED

ADJOURNMENT

The Development Services Committee meeting adjourned at the hour of 12:35 p.m.