MAY 5, 2009 - 9:00 a.m. - 12:30 p.m.

MINUTES

DEVELOPMENT SERVICES COMMITTEE

Meeting No. 15

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 Regional Councillor J. Jones 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 Deputy Mayor J. Heath Regional Councillor T. Wong Regional Councillor G. Landon

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Brown, Director of Engineering C. Conrad, Town Solicitor S. Heaslip, Senior Planner B. Karumanchery, Senior Development Manager D. Miller, Sr. Project Coordinator V. Shuttleworth, Director of Planning and Urban Design A. Tari, Committee Clerk

The Development Services Committee convened at 9:04 AM in the Council Chamber with Councillor J. Webster in the Chair.

DISCLOSURE OF PECUNIARY INTEREST

None disclosed.

1. DEVELOPMENT SERVICES COMMITTEE MINUTES
- April 21, 2009, Part B (10.0)

Minutes

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

That the minutes of the Development Services Committee meeting, Part B, held April 21, 2009, be confirmed.

CARRIED

2. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- April 21, 2009 (10.0)

Minutes

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

That the minutes of the Development Services Public Meeting, held April 21, 2009, be confirmed.

CARRIED

3. HERITAGE MARKHAM COMMITTEE MINUTES
- April 8, 2009 (16.11)

Minutes

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

That the minutes of the Heritage Markham Committee meeting held on April 8, 2009, be received.

CARRIED

4. MAIN STREET MARKHAM COMMITTEE MINUTES
- April 15, 2009 (16.39)

Minutes

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

That the minutes of the Main Street Markham Committee meeting held on April 15, 2009, be received.

CARRIED

5. MARKHAM STOUFFVILLE HOSPITAL
ZONING BY-LAW AMENDMENT APPLICATION
FOR ADDITIONAL HOSPITAL LANDS
(ZA.09-112246) (10.5)

Report Attachment

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

1) That the report dated May 5, 2009 entitled “PRELIMINARY REPORT, Markham Stouffville Hospital.  Zoning By-law amendment application for additional Hospital lands. File No: ZA.09-112246”, be received; and,

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

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

CARRIED

6. TOWN INITIATED ZONING BY-LAW AMENDMENT
RECOGNIZING LEGAL NON-COMPLYING LOTS,
BUILDINGS AND STRUCTURES AND THOSE RESULTING
FROM LAND ACQUISITIONS (10.5)

Report By-law

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

1) That the report dated May 5, 2009 entitled “Town Initiated Zoning By-law Amendment Recognizing Legal Non-complying Lots, Buildings and Structures and Those Resulting from Land Acquisitions”, be received; and,

2) That a Public Meeting be held to consider the Zoning By-law Amendment, which seeks to recognize buildings, structures, yards and parking areas made non-complying by an acquisition of land by a public authority and to ensure that consistent treatment and permissions are provided for throughout the Town respecting legal non-complying lots, buildings, structures and yards; and further,

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

CARRIED

7. EXTENDED DRIVEWAYS
UPDATE ON THE IMPLEMENTATION
AND EFFECTIVENESS
OF BY-LAW 2006-96 AND
ALTERNATIVE PARKING
ARRANGEMENTS AVAILABLE TO RESIDENTS (10.0)

Report 1

Mr. Dave Miller, Sr. Project Coordinator, presented the Committee with photgraphs and a site plan of Mr. Wong’s house. He illustrated the current situation and Mr. Wong’s proposal to extend his driveway onto the soft landscaped area.

Mr. Francois Wong, 292 Ridgecrest Road, addressed the Committee regarding the Extended Driveway By-law suggesting that if he is granted his request to extend his driveway onto the current soft landscaping area that 38% of the front yard would remain soft landscaping. He indicated that the application fees are too expensive.

Mr. Jim Baird, Commissioner of Development Services, advised the Committee that there are two options available to Mr. Wong: submit an application for a Zoning By-law amendment or submit an application for minor variance through the Committee of Adjustment. He also advised that Staff cannot support Mr. Wong’s proposal.

There was discussion regarding the difficulties faced by some residents of smaller lots with three cars and whether the issues and/or concerns raised by some of the residents on Ridgecrest Road are unique to that area. The Committee suggested that the Ward Councillor (for the Ridgecrest Road constituents) meet with staff and the residents to review alternatives with respect to the Extended Driveway By-law and work towards a solution.

Moved by Councillor D. Horchik

Seconded by Councillor E. Shapero

1) That the March 3^rd, 2009 report entitled “Extended Driveways – update on the implementation and effectiveness of the By-law 2006-96 and alternative parking arrangements available to residents”, be received; and,

2) That Staff continue to enforce the current By-law in the manner set out in the report and continue to advise residents of alternative parking arrangements available to them; and,

3) That Staff report back to Development Services Committee later this year with a further update on the Extended Driveway Enforcement Programme; and further,

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

CARRIED

8. E. MANSON INVESTMENTS ET. AL.
APPLICATION FOR SITE PLAN APPROVAL TO PERMIT
A PHASE 2, 6 STOREY RESIDENTIAL BUILDING (BUILDING B)
AT 150 HILLWOOD STREET
(SC.05-021950) (10.7)

Report Attachment

Staff advised that the site plan conditions for the Phase 1 development have been revised. Staff also advised that the applicant has been very cooperative.

The Ward Councillor advised the Committee that a Community Information Meeting was held and that the main concern raised by residents at the Community Information Meeting were issues related to traffic. She is suggesting that the site plan conditions outlined in Appendix ‘A’ of the staff report include that staff explore the option to install a 4-way stop sign at the intersection of Hillwood Street and Bur Oak Avenue. She is also suggesting that staff re-examine the design layout of the road median to ensure it does not obstruct the view of the drivers. There was some discussion regarding the safety of a 4-way stop sign and it was suggested that traffic signals should also be explored.

Ms. Mia Somermaa, Emery Investments, presented coloured elevations of the original proposed building and the revised proposal, resulting from meetings with the Town Architect for the residential buildings at 150 Hillwood Street. The Committee suggested that a darker brick colour be used for the base of the building to allow a stronger street relation. Staff advised that the Town Architect is continuing to work with the applicant and will continue to consult with both the Ward Councillor and the Mayor with respect to the building design.

Moved by Councillor C. Moretti

Seconded by Councillor A. Chiu

1) That the report dated March 24, 2009, entitled “E. Manson Investments et. al. Application for site plan approval to permit a Phase 2, 6 storey residential building (Building B) at 150 Hillwood Avenue. SC.05-021950”, be received; and,

2) That the Site plan Application (SC.05-021950) submitted by E. Manson Investments et. al. to permit a Phase 2, 6 storey residential building (Building B) at 150 Hillwood Street be endorsed in principle, subject to the conditions attached as Appendix ‘A’, amended as follows:

· That staff explore the option of installing a 4-way stop sign and/or traffic signal at the intersection of Hillwood Street and Bur Oak Avenue;

· That the design layout of the road median be re-examined; and,

3) 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 or her designate has signed the site plan; and,

4) That Site Plan Endorsement of Building A (Phase 1) at 540 Bur Oak Avenue be extended for an additional 3 years to expire on March 24, 2012; and,

5) That the site plan conditions relating to the Site Plan Endorsement of Building A at 540 Bur Oak Avenue (Phase 1) on May 16, 2006 be replaced by the site plan conditions attached as Appendix ‘A’; and,

6) That site plan approval shall not be issued prior to July 1, 2009 (18 months prior to confirmation of conditional servicing allocation for 186 units); and further,

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

CARRIED

9. JADE–KENNEDY DEVELOPMENT CORPORATION
(SOUTH UNIONVILLE SQUARE)
EAST SIDE OF KENNEDY ROAD BETWEEN
CASTAN AVENUE AND FUTURE SOUTH UNIONVILLE AVENUE
APPLICATIONS FOR ZONING BY-LAW AMENDMENT
AND SITE PLAN APPROVAL FOR A MIXED-USE DEVELOPMENT
(ZA 07 126612 AND SC 08 128123) (10.5 & 10.7)

Report Attachment Appendix B

Staff advised that they are very pleased with this proposal because it will bring the commercial and retail uses to the South Unionville Community. Staff advised that the phase 2 residential building is dependent on servicing allocation. Staff outlined some of the benefits related to this proposed development.

Mr. Hal Kersey, Jade-Kennedy Development Corporation, addressed the Committee to present a model of the proposed development. He thanked staff for all their help in bringing this proposal forward. Mr. Kersey advised that he is pleased with the staff recommendations outlined in the report, but would like to propose that he continue to work with Town staff in pursuing the five LEED categories (sustainable sites, water efficiency, energy and atmosphere, materials and resources and indoor environmental quality) without actually going through the costly process of LEED certification. Mr. Kersey also noted that Markham District Energy has indicated that it is cost prohibitive to service the subject site at this time.

The Committee requested confirmation that the residential units that back on to the retail meet all the requirements of the building code. The Architect for Jade-Kennedy Developments confirmed that they have consulted with the Fire Department and that all provisions of the fire code will be met.

The Ward Councillor expressed his displeasure that Mr. Kersey did not discuss his request to not earn LEED certification with him prior to bringing it forward to Committee. Both Committee and staff do not support Mr. Kersey’s request to avoid LEED certification primarily because it is a standard of the Town and certification is the only way the Town can be certain that the LEED requirements have been met. The Committee suggested that solar energy generation should be considered as part of this project. Committee also requested that the FLAP guidelines be taken into consideration as part of this application and staff confirmed that it will be addressed as part of the approval process.

The Committee discussed waste collection relative to this proposal. The Committee suggested that staff explore the option of municipal garbage pick up for the proposed condominiums on this site. The Committee inquired if the ENVAC waste disposal system could be perused. Staff advised that the ENVAC system is not a viable system for individual sites however it is being explored for re-development areas such as the Langstaff Gateway.

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

1) That the staff report entitled “Jade-Kennedy Development Corporation (South Unionville Square), East side of Kennedy Road between Castan Avenue and future South Unionville Avenue, Applications for zoning by-law amendment and site plan approval for a mixed use development,” be received; and,

2) That the zoning amendment application (ZA 07 126612) be approved and the draft implementing zoning by-law amendments attached as Appendix ‘B’ be finalized and enacted; and,

3) That the application for site plan approval for the first phase (the commercial and townhouse component) of the development be endorsed, in principle; and,

4) That site plan approval be delegated to the Director of Planning 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 “approved”), when the following conditions have been met:

· Ownership of the subject lands has been consolidated.

· The Owner has entered into a site plan agreement with the Town and the Region of York containing all standard and special provisions and requirements of the Town and public agencies and the conditions outlined in Schedule ‘A’ to the May 5, 2009 staff report.

· The Owner has conveyed to the Town and the Region of York all of the lands required for South Unionville Avenue extending from Kennedy Road to the new north-south local road adjoining the east boundary of the subject lands, and for the north-south local road, extending from Ian Baron Avenue to Helen Avenue.

· The Owner has conveyed the neighbourhood park and stormwater management lands on the east side of the north-south local road to the Town for park and stormwater management purposes.

· The Owner has entered into a development agreement (which may form a component of the site plan agreement) for the construction of South Unionville Avenue and the north-south local road and all related infrastructure including the stormwater management pond.

· The trustee for the South Unionville Landowners Group has advised the Town in writing that the Owner is in good standing with the Group.

· The zoning by-law amendment has come into force and effect; and,

5) That 78.96 persons (28 townhouse units) of servicing allocation be granted by Council to Jade-Kennedy Development Corporation; and,

6) That Council authorize the Mayor and Town Clerk to enter into a development agreement with the Owner (which may form a component of the site plan agreement) for the construction of South Unionville Avenue and the north-south local road and all related infrastructure including the stormwater management pond; and,

7) That the Mayor and Town Clerk be authorized to execute the transfer documents for the rights-of-way of South Unionville Avenue and the north-south local road and for the neighbourhood park and stormwater management blocks; and,

8) That the name “Unity Gardens Drive” be approved for the north-south local road from Castan Avenue to Helen Avenue; and,

9) That Council authorize the enactment of a truck prohibition by-law for Castan Avenue between the north-south local road (Unity Gardens Drive) and Piera Gardens; and,

10) That Council authorize the enactment of a by-law prohibiting through movements from the proposed driveway across Unity Gardens Drive into Ian Baron Avenue; and further,

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

CARRIED

10. MARKHAM STOUFFVILLE HOSPITAL
SITE PLAN ENDORSEMENT FOR
THE HOSPITAL EXPANSION
(SC 09-110229) (10.6)

Report Attachment Appendix A and B

Mr. Mac Cosburn, Markham Stouffville Hospital, addressed the Committee advising he is in support of the staff recommendations and thanked staff for all their work in bringing this application forward.

Mr. Bill Nankivell, CEO – Bregman + Hamann Architects, delivered a PowerPoint presentation regarding the hospital expansion at Markham Stouffville Hospital.

The Committee suggested that the following be considered in future discussions:

• Roof top solar energy generation or making the building solar ready
• Have the hospital’s Accessibility consultant contact the Town’s Accessibility Committee for input and/or suggestions
• Creative ways to partner between the East Markham Community Centre and Markham Stouffville Hospital with regard to the generation and use of renewable energy (eg. Heat from waste and solar energy)

Mr. Cosburn indicated that the Hospital is prepared to co-operate in this regard.

Moved by Mayor F. Scarpitti

Seconded by Councillor D. Horchik

1) That the report dated May 5, 2009 entitled “RECOMMENDATION REPORT, Markham Stouffville Hospital Site Plan Endorsement for the Hospital Expansion” be received; and,

2) That the Site Plan Application (SC 09-110229) submitted by Markham Stouffville Hospital to permit the expansion of the existing facility be endorsed, subject to the conditions attached as Appendix ‘A’; and,

3) That staff continue to work with the Markham Stouffville Hospital and their consultants to ensure a unified vision for the development of the Markham Stouffville Hospital health campus and the future East Markham Community Centre and Library; and,

4) 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 or her designate has signed the site plan; and further,

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

CARRIED

11. TOWARD A MARKHAM
GROWTH MANAGEMENT STRATEGY:
SECTION 37 OFFICIAL PLAN POLICIES
AND GUIDELINES (10.0)

Report Attachment

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

1) That the Report dated May 5, 2009 entitled “Toward a Markham Growth Management Strategy: Section 37 Official Plan Policies and Guidelines” be received; and,

2) That a Pubic Meeting be held to consider a Town-initiated Official Plan Amendment to amend the Official Plan policies regarding use of Section 37 of the Planning Act; and,

3) That Staff report back to Development Services Committee following the public meeting with appropriate recommendations; and further,

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

CARRIED

12. BOX GROVE COLLECTOR ROAD
HIGHWAY 407 TO BOX GROVE BY-PASS (5.10)

This item was deferred.

13. VICTORIA SQUARE LAND USE STUDY:
REQUEST TO CALL A PUBLIC MEETING
FOR OFFICIAL PLAN AMENDMENT (10.3)

Memo

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

1) That the memorandum entitled: “Victoria Square Land Use Study: Request to call a public meeting for Official Plan Amendment”, be received; and

2) That staff be directed to hold a public meeting for the above-noted study; and further,

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

CARRIED

14. ANAGNI HOMES LTD.
REQUEST TO AUTHORIZE A PUBLIC MEETING
FOR A ZONING BY-LAW AMENDMENT AT THE
NORTHWEST CORNER OF HIGHWAY 48
AND EDWARD JEFFREYS AVENUE ZA 09-114211 (10.5)

Memo

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

1) That the memorandum entitled “Anagni Homes Ltd. Request to authorize a public meeting for a zoning by-law amendment at the northwest corner of Highway 48 and Edward Jeffreys Avenue ZA 09-114211”, be received; and

2) That staff be directed to hold a public meeting for the above-noted application; and further,

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

CARRIED

15. PROVINCIAL FACILITATOR FOR
LANGSTAFF/RICHMOND HILL MOBILITY HUB (10.0)

Staff advised that they have no objection to the proposed resolution that was referred from the April 28, 2009 Council meeting to this Development Services Committee meeting. Staff also advised that this resolution is requesting the Province to apply resources to the transit system. It also identifies four departments of the Province that would need to bring resources together. Staff indicated that the key department is Metrolinx and that having Metrolinx review the work of the individual transit providers at this location to ensure the best location and design is paramount to the success of this mobility hub.

It was agreed that a cover letter from the Mayor should be included with the resolution when it is forwarded to the Province.

Moved by Regional Councillor J. Jones

Seconded by Mayor F. Scarpitti

Whereas the Province of Ontario has designated the Richmond Hill Centre/Langstaff Gateway as an Urban Growth Centre in the Provincial Growth Plan, and as a Mobility Hub in the Metrolinx Transportation Plan; and,

Whereas the Urban Growth Centre/Mobility Hub is at the convergence of a number of existing and planned modes of transit, including GO Rail, Yonge Subway, Highway 407 Transit way, VIVA Rapid Transit and York Region Transit; and,

Whereas the Region of York, Town of Richmond Hill, Town of Markham and City of Vaughan are all involved in land use planning studies and Official Plan Reviews aimed at achieving high density, high intensity transit oriented development along the Yonge Street Corridor and at the Urban Growth Centre node; and,

Whereas the transit service providers are engaged in planning and design studies and environmental assessments pertaining to transit infrastructure improvements; and,

Whereas there is a need and opportunity to ensure that the various planning and transportation studies are coordinated across all agencies and jurisdictions to ensure the best possible design and integration of the public transit network and transit oriented development in the Yonge Street Corridor and Urban Growth Centre/Mobility Hub;

Now therefore be it resolved:

That the Town of Markham request the Honourable Dalton McGuinty, Premier of Ontario, to apply Provincial resources to assist in planning and coordination efforts, and in particular the Office of the Provincial Facilitator, Metrolinx staff, Ontario Growth Secretariat and Ontario Realty Corporation.

CARRIED

NEW BUSINESS

16. GO TRANSIT (10.0)

Councillor J. Virgilio indicated that a number of his constituents are concerned with the information provided to them relative to the GO Transit primarily at Unionville GO Station.

The Committee discussed the importance of communicating the correct information with respect to the GO Transit. It was suggested that Councillor J. Virgilio send out a follow up message to his constituents clarifying that a second track will be constructed at the Unionville GO Station. Staff suggested obtaining a summary letter with respect to GO Transit from Mr. Gary McNeil, Managing Director, GO Transit, to be circulated by Councillor J. Virgilio.

The Committee suggested that staff compose a resolution that will place added pressure on the Provincial Government to provide additional operating dollars to support the proposed all day service and construction of the second track at the Unionville GO Station.

ADJOURNMENT

The Development Services Committee meeting adjourned at 11:30 PM.