MINUTES

DEVELOPMENT SERVICES COMMITTEE

September 16, 2008

Meeting No. 21

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 Councillor V. Burke Councillor E. Shapero Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Regional Councillor G. Landon Councillor J. Virgilio

J. Baird, Commissioner of Development Services A. Brown, Director of Engineering C. Conrad, Town Solicitor V. Shuttleworth, Director of Planning and Urban Design P. Wokral, Planner II A. Tari, Committee Clerk

The Development Services Committee convened at 9:00 AM in the Council Chamber with Councillor J. Webster in the Chair.

DISCLOSURE OF PECUNIARY INTEREST

Councillor C. Moretti disclosed an interest with respect to Heritage Markham Committee Minutes (Item # 4 on Development Services Agenda), as her son lives on Peter Street and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

1. PRESENTATION OF SERVICE AWARDS (12.2.6)

Chris Bird, Manager, Plans Review, Building Standards, 25 years

Kevin Gamble, Licensed Fleet Technician, Operations, 20 years

Richard Gonsalves, Waterworks Operator II, Operations, 20 years

Biju Karumanchery, Manager, Development East, Planning & Urban Design, 20 years

Gary Sellars, Senior Planner, Planning & Urban Design, 20 years

Mike Gottlieb, Alarm Room Supervisor, Fire & Emergency Services, 15 years

Dean Schneider, Records Clerk, Clerk's, 15 years

Brian Barnes, Facility & Art Collections Services Collections Coordinator,

Culture Services, 10 years

George Birtig, District Chief, Fire & Emergency Services, 10 years

Norm Dupuis, Firefighter, Fire & Emergency Services, 10 years

Shawn Hermans, Program Coordinator, Recreation Services, 10 years

John Murphy, Facility Operator II, Recreation Services, 10 years

Sean Torrington, Firefighter, Fire & Emergency Services, 10 years

Stacia Muradali, Planner II, Planning & Urban Design, 5 years

Sandra Skelcher, Senior Financial Analyst, Financial Services, 5 years

Mansoor Ali, Senior Development Engineer, Engineering, 3 years

Renee Chong, Senior Capital Works Engineer, Engineering, 3 years

Valantina Gharibo, Administrative Assistant, Human Resources, 3 years

Huyen Hare, Business Development Officer, Economic Development, 3 years

Mike Klein, Facilty Operator III, Recreation Services, 3 years

Oliver Kollmar, Building Inspector II, Building Standards, 3 years

Alex Moore, Manager, Purchasing, Financial Services, 3 years

George Paraskevakos, Building Inspector I, Building Standards, 3 years

Mike Savoie, Facility Operator II, Recreation Services, 3 years

Andrea Tang, Manager, Financial Planning, Financial Services, 3 years

Dan Tesanovic, Waterworks Operator II, Operations, 3 years

Peter Wokral, Planner II, Planning & Urban Design, 3 years

Sara Yeung, Tax Policy Agent, Financial Services, 3 years

Philip Zhang, Engineering Design Assistant, Asset Management, 3 years

2. DEVELOPMENT SERVICES COMMITTEE MINUTES
- June 17, 2008, Part B (10.0)

Minutes

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the minutes of the Development Services Committee meeting, Part B, held June 17, 2008, be confirmed.

CARRIED

3. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- June 17, 2008 (10.0)

Minutes

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the minutes of the Development Services Public Meeting, held June 17, 2008, be confirmed.

CARRIED

4. HERITAGE MARKHAM COMMITTEE MINUTES
- June 11, 2008
- July 8, 2008
- August 13, 2008 (16.11)

June 11 July 8 August 13

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the minutes of the Heritage Markham Committee meeting held on June 11, 2008, July 8, 2008 and August 13, 2008 be received.

CARRIED

5. MAIN STREET MARKHAM COMMITTEE MINUTES
- June 18, 2008
- August 20, 2008 (16.39)

June 18 August 20

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the minutes of the Main Street Markham Committee meeting held on June 18, 2008, and August 20, 2008 be received.

CARRIED

6. MINUTES - CORNELL ADVISORY GROUP
- May 12, 2008 (16.34)

Minutes

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the minutes of the Cornell Advisory Group meeting held on May 12, 2008, be received.

CARRIED

7. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF MAY 24, 2008 TO AUGUST 1, 2008
(10.0)

Report

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of May 24, 2008 to August 1, 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

8. DELEGATED APPROVALS REPORT
(10.0)

Report

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

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 September 16, 2008; and,

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

CARRIED

9. U486 BUILDERS INC. – METRUS PROPERTIES
DEEMING BY-LAW FOR PART OF BLOCKS 2, 3, AND 4
ON PLAN 65M-2843, BEING PARTS 18, 26, AND 38
ON REFERENCE PLAN 65R-22443,
(MUNICIPALLY KNOWN AS 7635 AND 7675
WITH 7677 MARKHAM ROAD)
(DY 08-121258)
(10.0)

Report Attachments

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the staff report dated September 16, 2008 entitled “U486 Builders Inc. – Metrus Properties, Deeming By-law for Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road),” be received; and,

That Council enact a By-law to deem Part of Blocks 2, 3, and 4 on Plan 65M-2843, being parts 18, 26, and 38 on Reference Plan 65R-22443, (municipally known as 7635 and 7675 with 7677 Markham Road) to no longer be blocks on a registered plan of subdivision, and to allow the construction of a retail building with two units and to create a single parcel of land; and further,

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

CARRIED

10. YORK HEALTH CARE DEVELOPMENTS INC.
ZONING BY-LAW AMENDMENT APPLICATION
TO PERMIT AN ASSISTED LIVING RETIREMENT RESIDENCE
AT 380 CHURCH STREET
(ZA 08-116099)
(10.5)

Report Attachments

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the report dated September 16, 2008 entitled “Preliminary Report, York Health Care Developments Inc. Zoning By-law Amendment Application to permit an assisted living retirement residence at 380 Church Street” be received; and,

That Staff be authorized to schedule a statutory Public Meeting to consider the proposed Zoning By-law amendment application; and further,

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

CARRIED

11. 2008 THIRD QUARTER UPDATE OF THE
STREET NAME RESERVE LIST
(10.14)

Report Attachments

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That Development Services Committee receive the updated street name reserve list for the third quarter of 2008, attached as Appendix ‘A’ to the September 16^th, 2008 staff report.

CARRIED

12. MICHAEL CHIAVATTI CONSTRUCTION LIMITED
ZONING BY-LAW AMENDMENT TO PERMIT
A RESIDENTIAL DEVELOPMENT CONSISTING
OF 4 SINGLE DETACHED DWELLINGS AT 4954 14^TH AVENUE.
(ZA 07 128530)
(10.5)

Report Attachments

Moved by Deputy Mayor J. Heath

Seconded by Councillor A. Chiu

That the staff report entitled “Preliminary Report: Michael Chiavatti Construction Limited. Application to amend the zoning by-law to permit a phased residential development consisting of 4 single detached residential dwellings, 4954 14th Avenue (ZA 07 128530) be received; and,

That a Public Meeting be held to consider the zoning amendment application (ZA 07 128530); and further,

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

CARRIED

13. CONSTRUCTION OF MARKHAM STOUFFVILLE HOSPITAL
INFRASTRUCTURE
(5.0)

Report Attachments

The Committee enquired about an Information Meeting to discuss the Roseway/9^th Line intersection. Staff confirmed further public consultation will be scheduled in coordination with the Ward Councillor and Council will be advised. Staff advised that sustainability and green building measures will be outlined at the site plan approval stage.

Moved by Regional Councillor T. Wong

Seconded by Deputy Mayor J. Heath

That the September 16, 2008 report entitled “Construction of Markham Stouffville Hospital Infrastructure”, be received; and,

That the Mayor and Clerk be authorized to execute construction agreement(s) in a form satisfactory to the Chief Administrative Officer and the Town Solicitor with Markham Stouffville Hospital (MSH), to enable MSH to pre-build civil works (storm sewers, municipal roads, etc.) in advance of the site plan agreement for the hospital expansion; and further,

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

CARRIED

14. BELL MOBILITY INC. TELECOMMUNICATIONS TOWER
SITE PLAN CONTROL APPLICATION TO
PERMIT A 32 METRE SLIMLINE MONOPOLE
WITH ASSOCIATED SHELTER AT 7452 REESOR ROAD
(SC 08-114023)
(10.6)

Report Attachments

Mr. Andrew Pask, Manager, Municipal Affairs Real Estate Services, Bell Mobility Inc., addressed the Committee advising that a 12X12 brick structure will be constructed on site. The bricks on the structure will match the bricks of the Rouge Valley Mennoite Church. The structure has an air conditioning unit to ensure the electronic equipment remains cool. Mr. Pask also advised that there will be planting (willow trees and cedars) around the structure.

Staff advised that the site plan approval is conditional upon the submission of a landscape plan.

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor J. Heath

That the report dated September 16, 2008, entitled Bell Mobility Inc. Telecommunications Tower Site Plan Control Application to permit a 32 metre slimline monopole with associated shelter at 7452 Reesor Road” be received; and,

That the deputation by Mr. Andrew Pask, Manager, Municipal Affairs Real Estate Services, Bell Mobility Inc., regarding the proposed slimline telecommunications tower, be received; and,

That the application for site plan approval be endorsed in principle, subject to the following conditions:

1. That the owner submit final drawings, and comply with all requirements of the Town and authorized public agencies, including the TRCA to the satisfaction of the Commissioner of Development Services;
2. That Industry Canada and the Region of York be advised, in writing, of this approval and that this approval is with respect to this location only;
3. That Bell Mobility is responsible for all matters related to grading, utility location, external approvals, engineering, structural design, etc.;
4. That a landscape plan, prepared by a landscape architect having O.A.L.A. membership, be submitted to the satisfaction of the Director of Planning and Urban Design;
5. That a building permit be obtained from the Town; and
6. That site plan endorsement shall lapse after a period of three years commencing September 16, 2008, should the development not proceed in a timely manner; and further,

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

CARRIED

15. DESIGNATION UNDER PART IV
OF THE ONTARIO HERITAGE ACT
MEMORIAL GARDENS (ONTARIO) LTD.
THE JOHN RAMER HOUSE AND BARN
6278 19^TH AVENUE
(16.11.3) P. Wokral, ext. 7955

Report Attachment

Commissioner J. Baird provided the Committee with some background information advising that Council had previously given notice of its intention to designate the John Ramer House and Barn at 6278 19^th Avenue. He also advised that the matter of designation was dealt with at a hearing of the Conservation Review Board and the Board’s findings were in support of Council’s position to designate these structures.

Mr. W. T. Barlow, Fasken MArineau DuMoulin LLP, addressed the Committee regarding the proposed By-law to designate the John Ramer House and Barn at 6278 19^th Avenue requesting that the By-law not be enacted and the matter be referred back to staff. Mr. Barlow submitted a package of materials to the Committee that indicated the reasons why the By-law should not be enacted. He advised the Committee that the applicant is prepared to have further discussion with Town staff with respect to the John Ramer House and Barn.

The Committee requested some clarification regarding the “Agreement and Undertaking between Memorial Gardens Canada Limited and The Corporation of the Town of Markham” (the Agreement). Mr. Barlow spoke to the terms of the Agreement and timing in relation to the decision of the Conservation Review Board released on July 11, 2008.

The Committee discussed the importance of protecting these buildings.

Moved by Councillor C. Moretti

Seconded by Councillor E. Shapero

That Development Services Committee resolve into an in camera session to discuss a legal matter regarding the designation of the John Ramer House and Barn located at 66278 19^th Avenue (9:57 AM).

Moved by Regional Councillor J. Jones

Seconded by Councillor C. Moretti

That the Committee rise from the in-camera session (10:31 AM)

CARRIED

16. MARKHAM CENTRE EAST PRECINCT PLAN
AND MOBILITY HUB DESIGN
(10.0)

Report Attachments

Commissioner J. Baird advised the Committee that this report is to seek authorization to engage consultants to assist in updating the East Precinct Plan and Mobility Hub concept and the Markham Centre Transportation Study.

The Committee suggested that the scope of the review is a broader than only the East Precinct Plan and the title should reflect that.

Staff confirmed that they are pursuing with the Sports Facility to meet the needs of the Markham residents and the Canadian Sports Council, and that the CSIO proposal is not dependant on the Pan Am Games bid.

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

That the staff report dated September 16, 2008 titled “Markham Centre East Precinct and Mobility Hub Design” be received; and,

That Council authorizes staff to retain Urban Strategies, on a preferred supplier basis to undertake a conceptual design for the Markham Centre Review - East Precinct Plan and prepare a Mobility Hub Concept Plan in consultation with interested agencies and affected land owners in the amount of $46,850.00; and,

That a contingency amount of $4,685.00 exclusive of GST be established to cover any additional costs and that the Director of Planning and Urban Design be authorized to approve expenditure of this contingency amount up to the specified limit; and,

That a new 2008 Planning Capital Budget be established entitled “Markham Centre Review -East Precinct Plan and Mobility Hub Concept Plan” for a total amount of $51,535.00 to be funded from the Development Charges Reserve (90% / $46,381.50) and tax-funded Capital Contingency 44-6900-6395-005 (10% / $5,153.50); and,

That IBI Group Ltd be retained on a preferred supplier basis for additional transportation analysis associated with the update of the Markham Centre Transportation Study and work associated with the revised Markham Centre Review -East Precinct and Mobility Hub Concept Plan to a maximum of $114,400 (inclusive of $10,400 in contingencies); and,

That the Engineering Department Capital Account 083-5350-8471-005 (Markham Centre Traffic Study Update) be increased by $ 59,128.00 and funded from the Development Charges Reserve; and,

That the tendering process for the above awards be waived in accordance with Purchasing By-Law 2004-341, Part 11, Section 7 (1) which states “When any of the following conditions apply, the Treasurer and the Manager of Purchasing may, in consultation with the appropriate Director, negotiate a contract for the supply of goods and services without a competitive process, which shall be submitted to the Chief Administrative Officer for approval...

(c) when the extension of an existing contract would prove more cost-effective or beneficial”; and,

That staff up-date Council following the Developer/Transportation Agency Roundtable Workshop scheduled for October to discuss the Mobility Hub Concept Plan; and further,

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

CARRIED

17. HIGHWAY 404 NORTH SECONDARY PLAN
TRANSPORTATION IMPROVEMENT
(5.7 & 5.10)

Report Attachments

Staff advised this report is to move forward with transportation network improvements to meet the needs of the new employment area.

Mr. A. Brown, Director of Engineering, recommended amending the recommendation from “establish cost sharing principles with the Region of York and the local municipalities” to “confirming Ministry of Transportation funding commitments.”

The Committee discussed the need to widen 19^th Avenue to accommodate future development abutting such. Committee was advised all options will be considered as part of the Class EA Study. The Committee suggested looking at increasing the modal split, and pursuing Travel Demand Management initiatives.

Staff advised that the town wide study and a status update of Employment Lands is underway and preliminary findings will be presented to the Development Services Committee by the consultant in the Fall 2008.

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

That the September 16, 2008 report entitled “Highway 404 North Secondary Plan Transportation Improvements” be received; and,

That the Region of York be requested to assume 19^th Avenue between Highway 404 and Woodbine Avenue in the Town of Markham into the Regional road system; and,

That the Region of York be requested to commence the Class Environmental Assessment process for the widening and reconstruction of 19^th Avenue between Highway 404 and Woodbine Avenue, including the jog elimination at Woodbine Avenue; and,

That the Region of York be requested to work with Town of Markham to examine transportation demand management and transit options to increase the modal split; and,

That the Minister of Transportation, Ontario be requested to commence discussions with the Region of York, the Town of Markham and the Town of Richmond Hill to:

(a) set out a time table for the Class Environmental Assessment, design and implementation of a new Highway 404 interchange at 19^th Avenue, and

(b) confirm Ministry of Transportation funding commitment; and,

That Staff be authorized to participate if necessary as a joint proponent in the Class Environmental Assessment process, preliminary design and property acquisition of the Hwy 404 Interchange and 19^th Avenue reconstruction subject to budget approval; and,

That Staff report back to Council as to the status of the 19^th Avenue interchange and 19^th Avenue reconstruction including ownership, funding, scheduling, property requirements and agreements; and,

That a copy of this report be forwarded to the Honourable Jim Bradley, Minister of Transportation, Kathleen Lewellyn-Thomas, Commissioner of Transportation and Works, the Regional Municipality of York and Italo Brutto, Commissioner, Engineering and Public Works, the Town of Richmond Hill for information and necessary actions; and further,

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

CARRIED

COMMUNICATIONS

18. STEELES AVENUE AND 9^TH LINE
SECOND UPDATE ON
TRAFFIC CONTROL SIGNAL JUSTIFICATION (5.12.1)

Memo

Staff advised that they have requested the City of Toronto undertake their next survey of traffic warrants in November 2008. Staff also advised they expect the warrants to be met late 2008/early 2009 however, don’t have a commitment from Toronto as to timing of construction when the warrants are met. Staff advised that City of Toronto is currently only prepared to look at additional signage for safety.

Moved by Deputy Mayor J. Heath

Seconded by Councillor L. Kanapathi

That the memo dated July 17, 2008 from the Director of Engineering providing the status of the traffic control signals for the intersection of Steeles Avenue and 9^th Line be received.

CARRIED

19. RAMPS AT NINTH LINE AND
DONALD COUSENS PARKWAY (5.10)

Letter

With regard to additional ramps at the northbound Ninth Line to eastbound 407 ETR ramp and northbound Donald Cousens Parkway to eastbound and westbound 407 ETR currently do not support a business case for their construction at this time.

Staff advised that the Region of York will be in a better position to submit a cost/benefit analysis for the northbound Donald Cousens Parkway to westbound Hwy 404 when the schedule for the opening of the balance for the Donald Cousens Parkway (14^th Avenue to 407 Highway) is finalized.

Moved by Deputy Mayor J. Heath

Seconded by Councillor L. Kanapathi

That the letter dated July 8, 2008 from the 407 ETR advising the approval from the Board to the construction of a new loop ramp from northbound Ninth Line to westbound 407 ETR, be received.

CARRIED

NEW BUSINESS

20. YONGE SUBWAY EXTENSION
- RECOMMENDED ALIGNMENT AND STATIONS (10.0)

Regional Councillor J. Jones stated concerns with the proposed six station strategy and major hub station location that it may not be in the best interest for the Town of Markham.

Mayor F. Scarpitti agreed to compose a memo or letter requesting that detailed analysis of the Yonge Subway Alignment and station location options at the Richmond Hill/Langstaff Centre Hub continue.

21. 105 GRANDVIEW AVENUE (5.7)

Deputy Mayor J. Heath advised that at 105 Grandview Avenue a new house is under construction and the lot contains an old 70’ or 80’ oak tree. He asked staff to review the provisions of the Tree By0law pertaining to Building Permit Applications.

22. GREENBELT COUNCIL (10.0)

Councillor J. Webster congratulated Councillor E. Shapero for her appointment to the Greenbelt Council.

23. LIBRARY BOARD (16.0)

Deputy Mayor J. Heath suggested that the item “Library Board – Personnel matters” be added to the September 22, 2008 General Committee agenda.

24. IN-CAMERA ITEMS (8.0, 16.11)

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That Development Services Committee resolve into an in-camera session to discuss the following confidential matters (11:15 AM):

(1) APPEAL OF COMMITTEE OF ADJUSTMENT DESCISION

- JAYSID CONSTRUCTION LTD.

(2) RELOCATION OF THE THOMAS BRUELS HOUSE TO MARKHAM HERITAGE ESTATES - FINANCIAL CAPABILITY OF APPLICANT/LOT SELECTION

(3) DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT

MEMORIAL GARDENS (ONTARIO) LTD.

CARRIED

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

That the Committee rise from the in-camera session (11:35 AM)

CARRIED

ADJOURNMENT

The Development Services Committee meeting adjourned at 11:40 AM.