JUNE
2, 2009 - 9:00 a.m. - 12:30 p.m.
MINUTES
DEVELOPMENT SERVICES COMMITTEE
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 Councillor V. Burke Councillor E. Shapero Councillor J. Virgilio Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Regrets Regional Councillor G. Landon Regional Councillor T. Wong Councillor A. Chiu |
J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services A. Brown, Director of Engineering S. Chait, Director, Economic Development C. Conrad, Town Solicitor B. Karumanchery, Senior Development Manager M. Wouters, Manager, East District C. Kakaflikas, Senior Business Development Officer G. Day, Planner A. Tari, Committee Clerk |
The Development Services
Committee convened at 9:03 AM in the Council Chamber with Councillor J. Webster
in the Chair.
DISCLOSURE OF PECUNIARY INTEREST
None disclosed.
Chris Lawton, Alarm Room Operator, Fire & Emergency Services, 20
years
Keith McGuckin, Firefighter, Fire & Emergency Services, 20 years
Bob Penner, Supervisor, Business Systems Improvement, Asset Management,
15 years
Nick Webb, Senior Fire Prevention Officer, Fire & Emergency
Services, 15 years
Justin Butler, Facility Operator I, Recreation Services, 10 years
Tony Lombardi, Operations Labourer/Driver, Operations, 10 years
Suzanne Couture, Client Services Assistant, Theatre, Culture, 5 years
John Fong, Payroll Supervisor, Financial Services, 5 years
Barb Smith, Acting Aquatic Coordinator, Thornlea, Recreation Services, 5
years
Henk Bouhuyzen, Instrumentation Engineer, Waterworks Division, 3 years
Brieanna Gabbard, Administrative Assistant, Operations & Asset
Management, 3 years
Alex Giammarco, Facility Operator III, Angus Glen C.C., Recreation
Services, 3 years
Tehzeeb Jeelani, Facility Operator I, Thornhill C.C., Recreation
Services, 3 years
Brian Lee, Manager, Development Engineering, Engineering, 3 years
Kwame Manu, Provincial Offences Officer I, By-Law Enforcement &
Licensing, 3 years
Peter Nikolaidis, Provincial Offences Officer I, By-Law Enforcement
& Licensing, 3 years
Harvinder Saini, Provincial Offences Officer II, By-Law Enforcement
& Licensing, 3 years
Soran Sito, Environmental Engineer, Engineering, 3 years
Margaret Wouters, Acting Manager, Development - East, Planning &
Urban Design, 3 years
The Committee consented to hear the following deputation at this time
Mr. Michael McCaugain,
Mr. Mike Everard, representing the Catholic Cemeteries, addressed the Committee to provide further details with respect to the proposed larger family mausoleums, crypts and columbaria. He advised that these mausoleums do not require a building permit. Mr. Everard also advised that this application is in front of Committee only because the Cemeteries Act requires municipal approval for this type of cemetery expansion and requires the municipality to publish a notice of decision in the newspaper.
(cross reference to item #14)
Moved by Councillor C. Moretti
Seconded by Councillor L. Kanapathi
The Committee consented to have items on this agenda
that require Council authorization to be forwarded to the
CARRIED
Mr. Geoff Day, Planner, delivered a PowerPoint
presentation with respect to the Town initiated Land Use review for
The Ward Councillor thanked staff for all their work and advised that two Community Information Meetings have already taken place.
There was discussion regarding bakeries as distinct from fast food facilities. The Committee stated concern with the word “generally” being used when referring to building heights in the staff report. Staff advised that there are specific set backs and height restrictions outlined in the zoning by-law for this area.
Moved by Councillor D. Horchik
Seconded by Councillor C. Moretti
That the presentation provided by Mr. Geoff Day,
Planner regarding the
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
That the minutes of the Development Services Committee meeting, Part B, held May 19, 2009, be confirmed.
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
That the minutes of the
Heritage Markham Committee meeting held on
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
That the minutes of the Markham Public Art Advisory Committee meeting held on
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
1) That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3794, 65M-3904, 65M-3078, 65M-4011, Plan 65R-29254 Part 2, 65M-3961, 65M-3967, 65M-3888, 65M-3759, 65M-3837, 65M-3838, 65R-29109 Parts 5, 6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 ”, dated June 3, 2009, be received; and,
2) That the municipal services in Subdivision Registered Plan numbers 65M-3794, 65M-3904, 65M-3078, 65M-4011, 65R-29254 Part 2, 65M-3961, 65M-3967, 65M-3888 and 65M-3759, 65M-3837, 65M-3838, 65R-29109 Parts 5, 6, 7, 10, 11 and 13, 65M-3907 and 65M-3908 be Accepted for Maintenance; and,
3) That by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham; and,
4) That the Community Services Commission accepts the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system; and,
5) That the Acceptance for Maintenance Period commence May 1, 2009; and,
6) That acceptance of the subdivision be taken into consideration in future operating budgets; and,
7) That the by-law to amend schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be approved; and,
8) That the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved; and,
9) That the by-law to amend Schedule ‘F’ of the Speed By-law #105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved; and,
10) That the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be approved; and,
11) That the by-law to amend Schedule ‘E’ of the Parking of Vehicles By-law #2005-188, by including no stopping anytime on the streets indicated, be approved; and,
12) That the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed; and further,
13) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
1) That Council endorse the demolition of the
garage at
2) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
1) That the report entitled “Recommendation
Report, 1473092 Ontario Ltd. (Metrus Developments), South of Donald Cousens
Parkway, east of 9th Line, Cornell Community, Implementing Zoning
By-law amendments for the final phase of a draft plan of subdivision, File
No’s.: ZA 08 123717 and SU 01 118320
(19TM-01015 – Final Phase)”, dated June 2, 2009 be received; and,
2) That application ZA 08 123717 for amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, be approved; and,
3) That the draft amendments to Zoning By-laws
304-87, as amended and 177-96, as amended, attached to this report (Appendices
A and B) be finalized and enacted without further notice; and,
4) That
conditional 2011 servicing allocation for 31 units (114.7 pop.) be granted to plan of subdivision 19TM-01015
– Final Phase, from the total
allocation for the Cornell community, assigned in accordance with the February
12, 2008 report on servicing allocation; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
1) That the report entitled “Rodick
Road & Lazenby Court Parking Prohibition”, be received; and,
2) That Schedule ‘C’ of Traffic By-law 2005-188
be amended to prohibit parking on the west side of Rodick Road, from 16th
Avenue to the north property line of #2138 Rodick Road; and,
3) That Schedule ‘C’ of Traffic By-law 2005-188
be amended to prohibit parking on the east side of Rodick Road, from the south
property line of #2133 Rodick Road to the north property line of #2137 Rodick
Road; and,
4) That Schedule ‘C’ of Traffic By-law 2005-188
be amended to prohibit parking on the east side of Lazenby Court, from Rodick
Road to the north property line of #3 Lazenby Court; and,
5) That the
6) That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and further,
7) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Committee inquired about the Parking Advisory Committee. Staff advised that the Parking Advisory Committee meets approximately every two months or at the call of the Chair. Staff also advised that in an upcoming meeting they can provide a summary of where overnight parking is permitted throughout the Town.
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
1) That
the report entitled “Cedar Forest Court Overnight Permitted Parking Removal”,
be received; and,
2) That Schedule “B” of Parking By-law 2005-188
be amended to rescind overnight permitted parking
on Cedar Forest Court, in its entirety; and,
3) That the
4) That the Parking Control Department be directed to enforce the overnight parking prohibition between the hours of 2:30am and 6:00am, upon removal of the signs; and further,
5) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor C. Moretti
1) That
the staff report entitled “Hamlet of
Victoria Square Land Use Review – Update Report”, dated June 2, 2009,
be received as input to the statutory public meeting scheduled for June 16,
2009.
CARRIED
There was discussion regarding the approved site plan
and the approved TRCA buffer requirements, as well as the impact of the
proposal on existing TRCA and Region of York easements.
Moved by Regional Councillor J. Jones
Seconded by Councillor J. Virgilio
1) That the report entitled “Application by the Catholic Cemeteries Archdiocese of Toronto to permit an increase in capacity in Phase 1 of Christ the King Cemetery, 7770 Steeles Avenue East” be received; and,
2) That the application by the Catholic Cemeteries Archdiocese of Toronto to permit an increase in capacity in Phase 1 of Christ the King Cemetery at 7770 Steeles Avenue East, be approved; and,
3) That notice of Council approval be given to the applicant and the Registar in accordance with the Cemeteries Act (Revised); and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Mr. Jim Baird, Commissioner of Development Services,
provided the Committee with some history and background information with
respect to the Constrada Aggregate Recycling Facility located at
Mr. Peter Cheatley, Macaulay Shiomi Houson, addressed
the Committee requesting that a three year extension to permit the existing
aggregate recycling facility at
The Committee discussed the pros and cons associated with
extending the temporary zoning by-law to permit the existing aggregate
recycling facility for an additional three years. The Committee stated concerns with respect to
environmental impacts that could be a result of this facility, primarily to the
The Committee discussed the importance of obtaining assurance for future environmental remediation (removing all contaminated soil). Staff suggested exploring a voluntary agreement with the applicant to set aside money in a reserve fund that would be put toward the cost to clean up the site in future.
Moved by Mayor F. Scarpitti
Seconded by
1) That the temporary zoning by-law amendment application by Gemcross Developments (Constrada Aggregate Recycling Facility) to permit the existing aggregate recycling facility at 350 Rodick Road for an additional three years, be deferred to September 2009; and,
2) That staff explore opportunities together
with the applicant to establish a reserve fund that will be put toward the future
clean up of the site; and further,
3) That
staff review and report back on the environmental conditions and monitoring
program with the involvement of the
CARRIED
Mr. Don Dussault, Manager, Real Estate Development, Imperial Oil Limited, presented the Committee with the proposed landscape plan and the elevations of the buildings, which have been upgraded as requested by staff. He advised the Committee that the drive-thru to the convenience store will be extensively buffered and landscaped, 41% of the site will be landscaped, and that there are several sustainable features incorporated into this proposal. Mr. Dussault briefly explained the Energy Management System (EMS) being used at this location.
The Committee congratulated the applicant and staff for all their work.
There was discussion regarding the proposed drive-thru and the anti-idling By-law. The Committee suggested that signage be installed along the drive-thru with respect to anti-idling.
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
1) That the report dated June 2, 2009,
entitled “Recommendation Report - Applications for Zoning By-law Amendment and
Site Plan Approval to permit a gas bar, car wash, and convenience
store with a drive-through facility at 2801 Elgin Mills Road East, Clera
Holdings Limited” be received; and,
2) That Zoning By-law
Amendment application (ZA 08 121296) to amend By-law 177-96, as amended, submitted
by Clera Holdings to permit a gas bar, car wash, and convenience store with a drive-through facility
at 2801 Elgin Mills Road,
be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’, be
finalized and enacted; and,
3) That Site Plan Approval application (SC 08
129824) submitted
by Clera Holdings to permit a gas bar, car wash, and convenience store with a drive-through facility
at 2801 Elgin Mills Road,
be endorsed in principle, subject to the conditions attached as Appendix “B” amended as follows:
·
That signage
along the drive-thru with respect to the anti-idling By-law be included; and,
4) That site plan approval be delegated to
the Director of
5) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
Mr. John Livey, Chief Administrative Officer and Ms.
Christina Kalakflikas, Manager, Special Projects delivered a presentation for
the Committee regarding the TMTA Markham Business Mission to
Moved by Mayor F. Scarpitti
Seconded by Deputy Mayor J. Heath
1) That report entitled the TMTA Markham
Business Mission to
2) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Committee inquired of the road condition of
There was discussion related to segregated bicycle lanes. Staff suggested having a presentation and fulsome discussion in the Fall 2009 together with the Region of York with respect to, Town and Regional policies and programs regarding bicycle lanes.
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
1) That the June 2, 2009 report entitled “Transit Rapidway on Municipal Rights-of-Way and Town Owned Lands”, be received; and,
2) That the Draft Guiding Principles be endorsed for the encroachment and maintenance agreement(s); and,
3) That the staff be authorized, based on the Draft Guiding Principles, to finalize negotiations with the Regional Municipality of York, on the terms of the encroachment and maintenance agreement(s) which establish the operations, maintenance and financial responsibilities of the parties for the operations of rapid transit vehicles on the Transit Rapidway on municipal rights-of-way or Town owned lands; and,
4) That the Mayor and Clerk be authorized to
execute construction agreement(s) with the Regional Municipality of York or its
designate, in a form satisfactory to the Chief
5) That the Mayor and the Clerk be authorized
to execute encroachment and maintenance agreement(s) with the Regional
Municipality of York or its designate in a form satisfactory to the Chief
6) That the Chief
7) That Staff be authorized and directed to do all things necessary to give effect to these resolutions; and further,
8) That this report be forwarded to Bill Fisch, Regional Chair, Regional Municipality of York and Mary-Frances Turner, Vice-President, York Region Rapid Transit Corporation.
CARRIED
Mr. Alan Brown, Director of Engineering, summarized the key principles outlined in the above report for the Committee.
The Committee stated concerns that this agreement not preclude options for the future recreational aspect for this location. Staff advised that the Leisure Master Plan is still not completed and that this agreement will not preclude the Town from exploring different long-term options for this site.
The Committee suggested that a Workshop be scheduled to review and discuss this location. Staff advised that they are trying to schedule a Workshop in September 2009.
Moved by Mayor F. Scarpitti
Seconded by Councillor D. Horchik
1) That the staff report entitled “Milliken
Reservoir & Pumping Station Expansion, Memorandum of Understanding &
Kennedy Road Watermain Construction
Update” be received; and,
2) That the principles of an Agreement with
the City of Toronto and Region of York as outlined in this report be endorsed;
and,
3) That the Mayor and Clerk be authorized to
execute a Memorandum of Understanding with the City of Toronto and Region of
York to the satisfaction of the Chief Administrative Officer and the Town
Solicitor; and,
4) That the Mayor and Clerk be authorized to enter into
agreements with the City of Toronto and Region of York based on the principles
set out in the Memorandum of Understanding including agreements for the leasing of the City of Toronto lands
for recreational purposes and other items relating to the implementation of the
project; in a form
satisfactory to the Chief Administrative Officer, the Town Solicitor and
Commissioner of Community and Fire Services; and,
5) That
the Mayor and Clerk be authorized to execute the necessary documents to
acquire, amend or grant easements required for the construction and operations
of municipal services in a form satisfactory to the Chief Administrative
Officer and the Town Solicitor; and,
6) That the temporary closure of Gorvette
Drive and Clayton Drive at Kennedy Road to permit the construction of the City
of Toronto’s Kennedy Road Trunk Watermain as outlined in this report be
endorsed subject to the submission of traffic management and public
communications plans to the satisfaction of the Director of Engineering; and,
7) That staff be authorized and directed to
do all things necessary to give effect to these resolutions; and further,
8) That Mr.
CARRIED
NEW BUSINESS
There was no new business.
Moved by Councillor C. Moretti
Seconded by Deputy Mayor J. Heath
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 matter
(
(1) Litigation or Potential Litigation - Minor Variance Appeal to OMB - 31 Elgin Street
(2) Litigation or Potential Litigation - Town appeal of Committee of Adjustment decision granting Minor Variance Appeal for 13 Chippenham Lane
CARRIED
Moved by Councillor D. Horchik
Seconded by Deputy Mayor J. Heath
That the Committee rise from the in-camera session (
CARRIED
Councillor Erin Shapero advised the Committee that she has been invited as a guest speaker at the ICLEI World Congress 2009 Conference.
The Committee agreed that Councillor Shapero should attend the conference and that it be funded through the Council Conferences account.
Moved by Mayor F. Scarpitti
Seconded by Deputy Mayor J. Heath
That Council authorize Councillor E. Shapero
to attend the “Iclei World Congress 2009 Conference” to be held June 14 to 19,
2009 in the City of Edmonton and funded from the Council Conferences Account (110-110-5200).
CARRIED
Regional Councillor Jim Jones
advised the Committee that he will not be attending the FCM Conference and
requested that the funds be substituted for the Sports Facilities &
Franchise 2009.
The Committee suggested that a
staff member attend this conference as well.
Moved by Mayor F. Scarpitti
Seconded by Deputy Mayor J.
Heath
That Council authorize
Regional Councillor J. Jones to attend the “Sports Facilities & Franchises
2009” to be held June 10 to 11, 2009 in New York City and funded from the
Council Conferences Account (110-110-5200).
CARRIED
ADJOURNMENT
The Development Services
Committee meeting adjourned at