MINUTES

FEBRUARY 3, 2009 - 9:00 a.m.

DEVELOPMENT SERVICES COMMITTEE

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

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services C. Conrad, Town Solicitor B. Cribbett, Treasurer S. Heaslip, Senior Planner R. Hutcheson, Manager, Heritage Planning B. Karumanchery, Senior Development Manager V. Shuttleworth, Director of Planning and Urban Design A. Tari, Committee Clerk

The Development Services Committee convened 9:05 AM in the Council Chambers with Councillor J. Webster in the Chair. Regional Councillor G. Landon assumed the Chair for Transportation item, No.14.

DISCLOSURE OF PECUNIARY INTEREST

Councillor C. Moretti disclosed an interest with respect to Item #10, as her son works for Fieldgate who is involved with the adjacent property, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

1. H & W DEVELOPMENT CORPORATION LANDS
(FORMER LIBERTY PHASE II LANDS) (10.0)

Mr. Scott Heaslip, Senior Planner provided the Committee with background information with respect to the H & W Development Corporation lands. He advised that there is an opportunity to extend Courtyard Lane down to Cedarland Boulevard. He also advised that H & W Development Corporation is open to working with Town staff to incorporate this road extension into their proposal.

Mr. Bob Dragicevic, Walker, Nott, Dragicevic Associates Limited, delivered a PowerPoint presentation that briefly outlined the H & W Development Corporation proposals.

Mr. Sal Crimi, S. C. Land Management, addressed the Committee advising if the Committee is interested in pursing the road extension his client will revise their application to reflect that. Mr. Crimi requested that the application be expedited.

The Committee is in agreement to further review the option to extend Courtyard Lane. The Committee suggested that the applicant continue to work with the urban design staff to ensure that the residential buildings are in keeping with Town’s guidelines and that consideration be made with respect to the bird friendly guidelines (FLAP).

Moved by Mayor F. Scarpitti

Seconded by Councillor C. Moretti

That the presentation by Mr. Robert Dragicevic, Walker, Nott, Dragicevic Associates Limited and Mr. Sal Crimi, S.C. Land Management Corporation regarding H & W Development Corporation lands (former Liberty Phase II lands), bounded by Clegg Road, Warden Avenue, Cedarland Drive and South Town Centre Boulevard, be received; and,

That staff be directed to further review the opportunity to extend Courtyard Lane down to Cedarland Boulevard.

CARRIED

2. OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
APPLICATIONS TO FACILITATE THE USE OF PART OF
THE GROUND FLOOR FOR PROFESSIONAL OFFICE SPACE
161 MAIN STREET, UNIONVILLE (10.3, 10.5)

Mr. Richard Talbot, Unionville Ratepayers Association addressed the Committee regarding the proposed applications for 161 Main Street, Unionville, stating his opposition to the applications. Mr. Talbot is concerned that if these applications are approved it will set a precedent for future applications. He is willing to assist the Town at the Ontario Municipal Board hearing by providing two expert witness reports and expert witness testimony (John Winter of John Winter Associates Limited and himself).

Ms. Jeanne Ker-Hornell, Unionville Villagers Association (UVA) addressed the Committee regarding the proposed applications for 161 Main Street, Unionville, stating she is not in support of the applications. She is concerned that if these applications are approved others will follow suit. Ms. Ker-Hornell is requesting that the Committee defend the Heritage Main Street in By-law 122-72, as amended.

Mr. Greg McCormik, Unionville BIA, addressed the Committee with respect to the proposed application for 161 Main Street, Unionville, and spoke in opposition to the applications. He believes the Heritage Main Street in By-law 122-72, as amended, should be enforced and not amended to permit office space on ground floor.

3. GROWTH MANAGEMENT STRATEGY
- OVERVIEW AND APPROACH TO FINANCIAL
ANALYSIS AND FISCAL PLANNING (10.0, 7.0)

Presentation

Ms. Barb Cribbett, Treasurer delivered a PowerPoint presentation regarding Growth Management Strategy – Overview and Approach to Financial Analysis and Fiscal Planning.

There was discussion regarding various intensification scenarios. The Committee suggested that staff also consider higher intensification scenario, such as 100%.

The Committee discussed infrastructure and other soft services and enquired how these issues are factored into this study. Staff advised that there are many background studies (eg. Community Capacity Review) related to the growth management strategy that will come together and assist in the development of the new Official Plan. The Committee stressed the importance of the Province providing significant sustainable infrastructure and social service funding, primarily in the areas of transit and housing that will support the implementation of the growth management strategy. The growth management strategy also needs to clearly articulate the respective responsibility of the Province and the Town of Markham.

Moved by Mayor F. Scarpitti

Seconded by Councillor D. Horchik

That the presentation provided by Ms. Barb Cribbett, Treasurer regarding Growth Management Strategy - Overview and Approach to Financial Analysis and Fiscal Planning, be received; and,

That staff consider higher intensification scenarios.

CARRIED

4. DEVELOPMENT SERVICES COMMITTEE MINUTES
- January 13, 2009, Part B (10.0)

Minutes

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Virgilio

That the minutes of the Development Services Committee meeting, Part B, held January 13, 2009, be confirmed.

CARRIED

5. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- January 13, 2009 (10.0)

Minutes

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Virgilio

That the minutes of the Development Services Public Meeting, held January 13, 2009, be confirmed.

CARRIED

6. HERITAGE WEEK 2009 PROCLAMATION
FEBRUARY 16 TO FEBRUARY 22, 2009 (16.11)

Report Appendix A

The Committee suggested enlarging the Heritage Week activities in the future. The Committee also suggested consolidating some of the current events to enhance Heritage Week.

Moved by Deputy Mayor J. Heath

Seconded by Mayor F. Scarpitti

1) That the week of February 16-22, 2009 be proclaimed as Heritage Week in the Town of Markham; and,

2) That Staff be authorized and directed to do all things necessary to give effect to this resolution, including the community outreach measures outlined in the report.

CARRIED

7. FEDERAL TAX INCENTIVES
FOR HERITAGE PROPERTIES
LANDMARKS NOT LANDFILL CAMPAIGN
- HERITAGE CANADA (7.3, 16.11)

Report Appendix A

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Virgilio

1) Whereas according to the Heritage Canada Foundation, Canada has lost more than 20% of its pre-1920 heritage buildings to demolition over the past 30 years; and,

2) Whereas the Heritage Canada Foundation has stated that urgent action is needed to stop the demolition of Canadian landmarks, to restore and re-use them, and to acknowledge their value as a reminder of our origins and cultures; and,

3) Whereas heritage buildings are also a valuable economic development resource which supports re-urbanization initiatives and tourism, stimulates adjacent development, increases property values, all while providing environmental benefits by way of reducing landfill, preserving natural resources and promoting sustainability; and,

4) Whereas there are currently no federal financial incentives to encourage private sector investment in the rehabilitation of heritage properties; and,

5) Whereas Heritage Markham, Council’s heritage advisory committee, has requested that the Town of Markham pass a resolution requesting the Federal government to introduce financial incentives which would encourage private sector investment in the rehabilitation of historic properties; and,

6) Be it resolved that the Corporation of the Town of Markham endorse resolutions by the Heritage Canada Foundation and the Federation of Canadian Municipalities that request the Federal Ministers of Finance and the Environment to establish tax incentives which would encourage private sector investment in the rehabilitation of heritage properties; and,

7) That this motion be forwarded to local Members of Parliament and Greater Toronto Area (GTA) municipalities for their support; and,

8) That the Association of Municipalities of Ontario be requested to support the work of the Heritage Canada Foundation and the Federation of Canadian Municipalities regarding the need for federal tax incentives by endorsing a resolution at its Annual Convention; and further,

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

CARRIED

8. EXTENSION OF SITE PLAN ENDORSEMENT
PROPOSED OFFICE BUILDING
80 MINTHORN BOULEVARD
WEMAT FOUR LIMITED
(SC 05 016629) (10.6)

Report Letter

The Committee enquired if there are any consequences in extending the site plan endorsement for an additional three years. Staff advised that the site plan conditions will continue to apply and that the fees and charges will be collected when the agreement is executed.

Ms. Dagmar Teubner, on behalf of the owner, addressed the Committee advising that her client is requesting a (3) three year extension to enable them to be in a position to move quickly once they obtain the appropriate tenant. She stated that this request for a three year extension is not intended to seek financial benefits.

Moved by Councillor J. Virgilio

Seconded by Mayor F. Scarpitti

1) That Condition 3 of Site Plan Endorsement dated February 7, 2006 for the development of an eight-storey professional office building at 80 Minthorn Blvd, be revised to extend Site Plan Endorsement for an additional 3 years to expire February 3, 2012; and,

2) That all other conditions of Site Plan Endorsement dated February 7, 2006 continue to apply.

CARRIED

9. ANGUS GLEN VILLAGE LTD.
- WEST VILLAGE (PHASE 2)
ZONING BY-LAW AMENDMENT AND
DRAFT PLAN OF SUBDIVISION 19TM-030004
TO PERMIT 164 SINGLE DETACHED LOTS,
PRESERVATION OF TWO HERITAGE HOUSES,
A MULTIPLE RESIDENTIAL BLOCK, PARKS,
VALLEYLANDS AND STORMWATER MANAGEMENT POND
ON THE SOUTH SIDE OF MAJOR MACKENZIE DRIVE,
WEST OF KENNEDY ROAD
(SU.03-109045 001 AND ZA.08-120708) (10.5, 10.7)

Report Attachment

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Virgilio

1) That the report dated February 3, 2009, entitled “Preliminary Report: Angus Glen Village Ltd. - West Village (Phase 2) Zoning By-law Amendment and Draft Plan of Subdivision 19TM-030004 to permit 164 single detached lots, preservation of two heritage houses, a multiple residential block, parks, valleylands and stormwater management pond on the south side of Major Mackenzie Drive, west of Kennedy Road.” (SU.03-109045 001 and ZA.08-120708) be received; and,

2) That a Public Meeting be held to consider the Zoning By-law Amendment and Draft Plan of Subdivision applications submitted by Angus Glen Village Ltd.; and,

3) That confirmed servicing allocation for Lots 1 to 13, 65M-4085 (Phase 1) be revoked and reassigned to Lots 85 to 97 on Draft Plan 19TM-03004 (Phase 2); and,

4) That prior to approval of Draft Plan 19TM-03004 (Phase 2):

(a) The Town shall register restrictive covenants on title for Lots 1 to 13, 65M-4085 (Phase 1), restricting the Owner from any dealings with the land without the consent of the Town Solicitor;

(b) The Chief Building Official shall confirm that Section 4(a) of the Town’s Servicing By-law 2005-104, would prevent the issuance of building permits for Lots 1 to 13, 65M-4085 (Phase 1);

(c) The Owner shall enter into No Presale Agreements with the Town of Markham and Indemnity Agreements with the Region of York for Phase 2 lands.

(d) A Holding zone provision shall be applied to Lots 1 to 13, 65M-4085 (Phase 1) restricting any use of the lands unless and until servicing allocation is re-allocated to these lots; and further,

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

CARRIED

10. ROGERS WIRELESS INC.
SITE PLAN CONTROL APPLICATION TO PERMIT
FLAGPOLE STYLE TELECOMMUNICATIONS TOWER
AT THE SALVATION ARMY CHURCH SITE AT
9329 MCCOWAN ROAD
(SC 05 020638) (10.6)

Report Attachment

Mr. Stephen D’Agostino on behalf of Rogers Wireless Inc., delivered a PowerPoint presentation with respect to the Rogers – Telus joint-build telecommunications application at 9329 McCowan Road. He advised that the additional height is a result of the co-location with Telus.

The Committee discussed the possibility of the Salvation Army in the future constructing a residential building that would be high enough to accommodate a roof top antenna and whether Rogers would move the tower to the roof top.

Mr. Sal Crimi, on behalf of Fieldgate, addressed the Committee regarding the proposed location of the telecommunications tower. He is requesting that the tower be located further from his client’s lands rather than abutting it so that the future residential development is less impacted. Mr. Crimi noted that his client could suffer potential financial impacts as a result of the proposed location of the telecommunication tower.

The Committee suggested that one more meeting take place with Rogers, the Salvation Army and the Mayor to discuss the anticipated future development for the Salvation Army and whether there is an opportunity to re-locate the tower to a location that will have less of an impact to the existing and future residential communities.

Moved by Mayor F. Scarpitti

Seconded by Councillor D. Horchik

That staff be directed to report back to the March 24, 2009 Development Services Committee meeting.

CARRIED

11. MASTER SERVICING PLAN FOR
GROWTH MANAGEMENT STRATEGY
- CONSULTANT SELECTION RFP #203-R-08 (7.12.1, 10.0)

Report

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

1) That the report entitled “Master Servicing Plan for Growth Management Strategy - Consultant Selection RFP # 203-R-08” be received; and,

2) That the Request for Proposal #203-R-08 be awarded to the highest ranked, highest priced project team led by Genivar Ontario Inc. for an upset limit of $680,918.30 exclusive of GST ($714,964.22 inclusive of 5% GST); and,

3) That a contingency amount of $150,000.00 exclusive of GST ($157,500.00 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 with the provision that a monthly statement of these expenditures is forwarded to the Town Treasurer; and,

4) That the internal engineering fee in the amount of $120,300.00 be approved and funded through development charges; and,

5) That the award be funded from the approved 2008 Engineering Capital Budgets account 83-5399-8124-005 (Direct Growth Strategy) and account 83-5399-8394-005 (Thornhill Servicing Study) in the amount of $336,000.00 and $224,000.00 respectively for a total of $560,000.00; and,

6) That the additional amount of $391,218.30 (comprising of $120,918.30 consultant cost, $120,300.00 staff salary recovery cost, and $150,000.00 contingencies), exclusive of GST, be increased for the Engineering Department Capital Account 83-5399-8124-005 to cover the additional project cost and be funded from development charges; and,

7) That the Director of Engineering and Manager of Purchasing be authorized to negotiate with Genivar Ontario Inc. to incorporate the process of the Environmental Assessment into the Master Servicing Plan if deemed appropriate by the Director of Engineering from a scheduling and costing perspective; and,

8) That upon payment of all invoices, any remaining funds be returned to the original funding source; and further,

9) That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

12. ROUGE PARK IMPLEMENTATION
TASK FORCE REPORT - STAFF COMMENTS (10.0)

The Rouge Park Implementation Task Force report will be considered at the Development Services Committee meeting on February 17, 2009.

13. TOWARD A MARKHAM GROWTH MANAGEMENT STRATEGY:
OPPORTUNITIES TO ACCOMMODATE GROWTH (10.0)

Report Figures Appendix A

Ms. Valerie Shuttleworth, Director of Planning and Urban Design delivered a PowerPoint presentation regarding the Growth Management Strategy: Opportunities to Accommodate Growth.

The Committee suggested having the Growth Management Strategy two streamed when staff reports back to the Development Services Committee (residential and employment lands).

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

1) That the report entitled “Toward a Markham Growth Management Strategy: Opportunities to Accommodate Growth”, dated February 3, 2009, be received; and,

2) That the Housing Stock Alternatives, as described in the report, emphasising intensification within the Town’s Built Boundary, form the basis for discussion in the proposed public engagement program and for further review; and,

3) That the review include comparison of practicable opportunities and means to pursue additional housing intensification and compact urban form; and,

4) That the accommodation for future employment growth, described in the report, be combined with the review of housing stock alternatives; and,

5) That Staff report back to the Development Services Committee on review and analysis of the housing and employment growth alternatives and responses received to the alternatives though public engagement; and,

6) That based on the schedule outlined in the report, including Appendix ‘A’, staff proceed with a public engagement program regarding Council’s Growth Management strategic priority identified in Building Markham’s Future Together, and the preparation of a Town Growth Management Strategy for Council endorsement by June 2009; and,

7) That based on the schedule outlined in the report and the anticipated adoption of an amendment to the Regional Official Plan addressing requirements of the Provincial Growth Plan for York Region, to which the Town must conform, that the Minister of Energy and Infrastructure be requested to extend the time frame by the current one year allowable, for adoption of a corresponding amendment to the Town Official Plan; and further,

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

CARRIED

14. MEDICAL TECHNOLOGY MISSION TO CHINA (10.16)

Report Brochure

Mr. Stephen Chait, Director of Economic Development, advised the Committee that Regional Councillor Tony Wong is unavailable to attend the Medical Technology Mission to China and had nominated Mr. John Livey, Chief Administrative Officer.

The Committee suggested amending the name from “Medical Technology Mission to China” to “China International Medical Equipment Fair” to avoid any misconception with respect to what the event is regarding.

Moved by Mayor F. Scarpitti

Seconded by Deputy Mayor J. Heath

1) That the report entitled “Medical Technology Mission to China” be received; and,

2) That the Town be represented by the Manager Special Projects, Economic Development, and Mr. John Livey, Chief Administrative Officer; and,

3) That the cost of the mission not exceed $15,000.00 and be expensed from within the pre-approved 2009 “China and India Investment Attraction Program” Capital Budget; and further,

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

CARRIED

15. SMART COMMUTE 404-7
TRANSPORTATION MANAGEMENT ASSOCIATION
– MEMORANDUM OF UNDERSTANDING (5.14)

Report Attachment

Regional Councillor Gord Landon advised that he is prepared to be the Council representative for the Smart Commute 404-7 Advisory Committee.

Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

1) That the Mayor and Town Clerk be authorized to execute a Memorandum of Understanding (MOU) and all other related documents, between the Town of Markham, Town of Richmond Hill, Markham Board of Trade, Richmond Hill Chamber of Commerce and the Regional Municipality of York (the Partners), to the satisfaction of the Director of Engineering, Town Solicitor and the Chief Administrative Officer, for the Smart Commute 404-7 Transportation Management Association; and,

2) That Council confirm the appointment of Regional Councillor Gord Landon to act as the Town of Markham representative on the Smart Commute 404-7 Advisory Committee; and further,

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

CARRIED

NEW BUSINESS

There was no new business.

16. IN-CAMERA MATTERS (10.3, 10.5, 8.0)

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That, in accordance with Section 239 (2) (e) of the Municipal Act, Development Services Committee resolve into an in-camera session to discuss the following confidential matters

(12:08 PM):

(1) LITIGATION MATTER - OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT 161 MAIN STREET UNIONVILLE

(2) LITIGATION MATTER - MINOR VARIANCE APPEAL TO ONTARIO MUNICIPAL BOARD, 125 RAYMERVILLE DRIVE

(3) LITIGATION MATTER - MINOR VARIANCE APPEAL TO ONTARIO MUNICIPAL BOARD, 28 HELMSLEY CRESCENT

CARRIED

Moved by Mayor F. Scarpitti

Seconded by Councillor C. Moretti

That the Committee rise from the in-camera session (1:01 PM)

CARRIED

ADJOURNMENT

The Development Services Committee meeting adjourned at 1:01 PM.