SEPTEMBER 22, 2009 - 9:00 a.m. - 12:30 p.m.

MINUTES

DEVELOPMENT SERVICES COMMITTEE

Meeting No. 25

All Members of Council

Development Services Economic Development

Chair: Councillor J. Webster Chair:

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 Regional Councillor J. Virgilio Councillor V. Burke Councillor E. Shapero 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. Taylor, Commissioner of Corporate Services R. Blake, Manager, West District J. Streisfield, Assistant Town Solicitor B. Karumanchery, Senior Development Manager V. Shuttleworth, Director of Planning and Urban Design B. Lee, Manager, Development Engineer & Transportation A. Tari, Committee Clerk

The Development Services Committee convened at 9:01 AM in the Council Chamber with Councillor J. Webster in the Chair. The Development Services Committee recessed at 11:11 AM and reconvened at 11:23 AM.

DISCLOSURE OF PECUNIARY INTEREST

Regional Councillor Joseph Virgilio disclosed an interest with respect to Item #9 as he represents one of the owners of the subject property 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)

Glenn Ambrose, Training Officer, Fire & Emergency Services, 20 years

Bruce Burley, Firefighter, Fire & Emergency Services, 20 years

Andrew Chapman, Captain, Fire & Emergency Services, 20 years

Martin Coutts, Firefighter, Fire & Emergency Services, 20 years

Mark Francis, Firefighter, Fire & Emergency Services, 20 years

Bradley Harris, Firefighter, Fire & Emergency Services, 20 years

Phillip Harrison, Firefighter, Fire & Emergency Services, 20 years

Joseph Hill, Firefighter, Fire & Emergency Services, 20 years

Steven Holland, Firefighter, Fire & Emergency Services, 20 years

Alan Jenkins, Firefighter, Fire & Emergency Services, 20 years

James Jenkins, Captain, Fire & Emergency Services, 20 years

David Job, Firefighter, Fire & Emergency Services, 20 years

John Karabourniotis, Administrative Services Coordinator, Print, Clerk's, 20 years

Melville McCart, Facility Operator II, Milliken Mills C.C., Recreation Services, 20 years

Mary Lou Papa, Administrative Assistant, Clerk's, 20 years

David Reid, Platoon Chief, Fire & Emergency Services, 20 years

Edward Roblin, Firefighter, Fire & Emergency Services, 20 years

John Roszkiewicz, Firefighter, Fire & Emergency Services, 20 years

Michael Stevens, Training Officer, Fire & Emergency Services, 20 years

Michael Thomson, Captain, Fire & Emergency Services, 20 years

Barry Vesh, Captain, Fire & Emergency Services, 20 years

William Walker, Firefighter, Fire & Emergency Services, 20 years

Dell Wright, Firefighter, Fire & Emergency Services, 20 years

Trevor Frizzle, Facility Operator I, Crosby C.C, Recreation Services, 5 years

Kenneth Karges, Lead, Service Management, Information Technology Services, 5 years

Stacey-Anne Chin, Operations Clerk, Operations, 3 years

David Pearce, Manager, Real Property, Legal Services, 3 years

Peter Wong, Application Support Specialist, Information Technology Services, 3 years

2. DEVELOPMENT SERVICES COMMITTEE MINUTES
- September 8, 2009, Part B (10.0)

Minutes

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the minutes of the Development Services Committee meeting, Part B, held

September 8, 2009, be confirmed.

CARRIED

3. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- September 8, 2009 (10.0)

Minutes

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

That the minutes of the Development Services Public Meeting, held September 8, 2009,

be confirmed.

CARRIED

4. WYNBERRY DEVELOPMENTS INC. (PHASE 3)
PROPOSED DRAFT PLAN OF SUBDIVISION AND
IMPLEMENTING ZONING BY-LAW AMENDMENTS
EAST OF MINGAY AVENUE AND NORTH OF
EDWARD JEFFREYS AVENUE
WISMER COMMONS COMMUNITY
(ZA 09-119148-002 AND SU 01-119048) (10.7, 10.5)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the report dated September 22, 2009 entitled “Information Report, Wynberry Developments Inc. (Phase 3), Proposed draft plan of subdivision and implementing zoning by-law amendments, East of Mingay Avenue and north of Edward Jeffreys Avenue, File Numbers ZA 09-119148-002 and SU 01-119048” be received as background to the upcoming Public Meeting to be scheduled.

CARRIED

5. AMICA (SWAN LAKE) CORPORATION
APPLICATION FOR OFFICIAL PLAN AMENDMENT
AND ZONING BY-LAW AMENDMENT TO PERMIT
A 4-STOREY RETIREMENT HOME AT
6380 16^TH AVENUE EAST OF HIGHWAY 48
(OP 09 118339, ZA 09 118346) (10.3, 10.5)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the report entitled “INFORMATION REPORT, Amica (Swan Lake) Corporation Application for Official Plan Amendment and Zoning By-law Amendment to permit a 4-storey retirement home at 6380 16th Avenue, east of Highway 48, File Numbers OP 09 118339 / ZA 09 118346”, dated September 22, 2009 be received as background information to the upcoming Public Meeting to be scheduled.

CARRIED

6. PRELIMINARY REPORT: APPLICATIONS BY
CROWN OF MARKHAM INC. FOR
ZONING BY-LAW AMENDMENT AND RED-LINE REVISIONS
TO DRAFT PLAN OF SUBDIVISION 19TM-06003 (NOW 19TM-09003
CROWN OF MARKHAM PHASE 1), TO PERMIT A REVISED LOT
PATTERN AND AN INCREASE FROM 119 UNITS (DRAFT APPROVED)
TO 139 (PROPOSED) RESIDENTIAL UNITS. PART OF LOTS 23 AND 24
CONCESSION 3, WEST SIDE OF WOODBINE AVENUE, NORTH OF
MAJOR MACKENZIE DRIVE, WEST CATHEDRAL COMMUNITY
(ZA 09 116824 AND SU 09 120790) (10.5, 10.6)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the report entitled: “Application by Crown of Markham Inc. for Zoning By-law Amendment and Red-Line Revisions to Draft Plan of Subdivision 19TM-06003 (now 19TM-09003, Crown of Markham Phase 1), to permit a revised lot pattern and an increase from 119 (draft approved) to 139 (proposed) residential units. Part of Lots 23 and 24, Concession 3, West Side of Woodbine Avenue, North of Major Mackenzie Drive, West Cathedral Community, Files ZA 09 116824 and SU 09 120790” be received; and,

2) That a public meeting be held to consider the applications by Crown of Markham Inc. for Zoning By-law Amendment and Red-Line Revisions to Draft Plan of Subdivision; and further,

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

CARRIED

7. PRELIMINARY REPORT: APPLICATIONS BY
CROWN OF MARKHAM INC. FOR
ZONING BY-LAW AMENDMENT AND
DRAFT PLAN OF SUBDIVISION APPROVAL
TO PERMIT MEDIUM DENSITY LIVE-WORK UNITS
TOWNHOUSES AND SINGLE DETACHED DWELLINGS
ON PART OF LOT 23, CONCESSION 3 OF THE
WEST CATHEDRAL COMMUNITY
(CROWN OF MARKHAM PHASE II)
(ZA 09 120148 AND SU 09 120124) (10.5, 10.6)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the report entitled: “PRELIMINARY REPORT: Applications by Crown of Markham Inc. for Zoning By-law Amendment and Draft Plan of Subdivision Approval to permit medium density live-work units, townhouses and single detached dwellings on Part of Lot 23, Concession 3 of the West Cathedral Community (Crown of Markham Phase II); Files ZA 09 120148 and SU 09 120124” be received; and,

2) That a public meeting be held to consider the applications by Crown of Markham Inc. for Zoning By-law Amendment and Draft Plan of Subdivision approval; and further,

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

CARRIED

8. EMPLOYMENT AREA INTENSIFICATION STUDY
– TERMS OF REFERENCE (10.0)

Report Attachment

Mr. Jim Baird, Commissioner of Development Services, advised that this study, initiated at the direction of Committee, is a further component of the overall Growth Management Study. The Growth Management Study does provide for redevelopment and intensification of existing employments lands. He advised that this study will establish a further policy framework and possible incentives for the intensification of existing employment lands. Mr. Baird indicated that this work will be coordinated with the Economic Development Strategy 2020 and the current work of the sustainability office.

The Committee thanked staff for their great work on this subject. The Committee suggested that areas where infrastructure upgrades are needed be determined as part of this study.

The Committee inquired whether this study focuses only on existing employment lands. Staff confirmed that the focus is on employment lands within the existing urban boundaries. Committee and staff noted that some wording can be added to the Terms of Reference that refers any applicable recommendation to be considered in the context of any future additional employment lands. The Committee suggested looking at best practices in other jurisdictions as well as the Greater Golden Horseshoe area.

Staff confirmed that the amended Terms of Reference will be circulated to the Chair, Councillor Webster and Councillor Shapero.

Moved by Councillor D. Horchik

Seconded Councillor E. Shapero

1) That the report entitled “Employment Area Intensification Study - Terms of Reference” be received; and,

2) That Development Services Committee approve the Terms of Reference, as amended as per discussion at the September 22, 2009 Development Service Committee meeting; and,

3) That a new project be created for the Employment Area Intensification Study to be funded from Project 9079 “Growth Management Strategy – Employment Lands – Phase 2” in the amount of $80,000 (exclusive of GST); and further,

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

CARRIED

9. 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

Mr. Baird advised the Committee that the purpose of this proposed zoning amendment is to implement retail uses, and certain specific additional uses including a gas bar, restaurant and motor vehicle service station. He pointed out that the draft by-law does not include the permission for drive-throughs. Mr. Baird also indicated that staff are in the process of establishing a new policy with respect to drive-throughs which is anticipated to be brought forward to Committee in November 2009. The applicant’s request for drive-throughs should not be considered until a detailed site plan is submitted, and in the context of the policy review.

Mr. Keith MacKinnon, KLM Planning Partners Inc., addressed the Committee regarding the zoning proposal by 102174 Ontario Ltd. and 1482058 Ontario Ltd., requesting that the permission for drive-throughs be included in the By-law. He believes it should be included because this development will have a higher urban design standard and include a higher standard landscape design that will shield the drive-through operation.

There was brief discussion regarding the traffic congestion in this area. It was noted that the Parkway will be extended north in future.

The Committee suggested that the issue of permitting a drive-through at this location should be considered after the new policy regarding drive-throughs is completed.

Moved by Councillor C. Moretti

Seconded by Councillor A. Chiu

1) That the report entitled “Recommendation Report, 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, File No.: ZA 07 109982”, dated September 8, 2009 be received; and,

2) That the application submitted by 1027174 Ontario Ltd. & 1482058 Ontario Ltd. to amend Zoning By-laws 304-87 and 177-76, as amended, be approved, except for the request for permission for drive-throughs for all uses, and the draft by-laws attached as Appendices ‘A’ and ‘B’, be finalized and enacted without further notice; and further,

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

CARRIED

10. 1691126 ONTARIO INC. FOR PHASE 1
SITE PLAN APPROVAL TO PERMIT
HIGH DENSITY RESIDENTIAL, RETAIL, OFFICE
AND HOTEL USES AT 7161 AND 7171 YONGE ST.
THORNHILL AND PROPOSED SETTLEMENT OF OMB APPEAL
(SC 08 106782) (10.6)

Report Attachment Proposed Consolidaated Revisions Appendix A

Mr. Baird advised the Committee that this application is for the Phase 1 Site Plan approval. He also advised that the Official Plan and Zoning have been previously approved. Mr. Baird indicated that there is an extensive list of conditions and highlighted a few for the Committee.

Mr. Ron Blake, Manager, West District, addressed the Committee to summarize the changes made to the staff recommendation and the conditions of Site Plan Approval (Appendix A in addendum agenda).

Mr. Steven Kirshenblatt, Kirkor Architects, delivered a PowerPoint presentation regarding the high density residential, retail, office and hotel uses being proposed at 7161 and 7171 Yonge Street. He explained how the progression of the design has evolved and indicated that the height of the proposed hotel has come down from 22 storeys to 20 storeys. Mr. Kirsenblatt advised the Committee that the details of the landscape design along Yonge Street need to be further developed. He also pointed out that the massing and stepping of the buildings remain the same and that further detailing and refinements have been added.

The Committee inquired about the pedestrian access through the site. Staff confirmed that the Town will be receiving easements for public access.

There was considerable discussion regarding the proposed canopies along the Yonge Street area and whether the canopies should protrude further to provide better protection for pedestrians from the weather elements. Mr. Kirshenblatt confirmed that they will re-examine that.

The Committee requested that staff comment on what is required to achieve LEED Gold accreditation in place of LEED Silver. Mr. Kirshenblatt indicated that it would be difficult and pointed out that all previous discussions revolved around LEED Silver. This project is to achieve LEED Silver not only for the residential buildings, but also for the Commercial uses.

There was brief discussion with respect to the site plan approval and whether the site plan for the entire property should be presented to the Ontario Municipal Board (OMB) hearing rather than only the site plan for Phase 1. It was noted that servicing allocation is only available for Phase 1, and detailed conditions in front of Committee are only for Phase 1.

There was considerable discussion regarding whether public amenity space (eg. Library, Community Centre) should be incorporated into this development and how the $2 M contribution through Section 37 of the Planning Act should be utilized. Staff expressed the importance of public consultation with respect to this contribution and advised that discussion can be initiated through the Ward Councillor’s office to obtain feedback and/or suggestions from the Thornhill residents.

Councillor Valerie Burke thanked the applicant, the architect, staff and the residents for all their work relative to this proposal. She suggested that another meeting be scheduled with the applicant to discuss some areas of concern such as: the public realm, traffic infiltration, cost-sharing requirements relative to servicing allocation, and the elevation treatments and canopies in the interior commercial court.

Mr. Bill O’Donnell addressed the Committee advising that the applicant is willing to provide space to the Town if needed and that it would be sold at market value.

Ms. Toinette Bezant, Bayview Glen Residents Association, addressed the Committee regarding the proposal at 7161 and 7171 Yonge Street and stated some concerns. She would like more information regarding the sewer and service allocation.

Staff advised that the system will be a conventional sanitary sewer that will be hooked up to the Regional trunk system and the applicant will be front ending the cost of that system.

Ms. Marilyn Ginsburg, Grandview Area Residents Association, addressed the Committee with respect to the proposal at 7161 and 7171 Yonge Street and thanked everyone involved in this project. She advised that the issue of traffic infiltration has yet to be addressed. Ms. Ginsburg stated that she is looking forward to working with the Town of Markham and applicant to ensure the most advantageous use the $2 M contribution is achieved.

Ms. Evelin Ellison, Ward One (south) Thornhill Residents, addressed the Committee regarding the proposal at 7161 and 7171 Yonge Street and requested that the following be given further consideration: sewage service capacity, storm water capacity, transit and light pollution. She also requested topographic maps for this area.

Staff advised that the engineering department does have topographic maps available for viewing.

Ms. Catherine Lyons, Goodmans LLP, addressed the Committee advising she is the lawyer representing the Town of Markham at the OMB hearing scheduled for October 13, 2009. She advised that the zoning appeal has been resolved and that the site plan for the entire site remains pending. Ms. Lyons also advised that endorsing the site plan in principle will allow for further discussion to resolve the outstanding issues related to the $2 M contribution and elevations. She indicated that the package being presented at the OMB is a master plan that clearly illustrates the portion that has approval (Phase 1) and Phase 2 will be approved following the submission of a traffic study.

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

1) That the report entitled “RECOMMENDATION REPORT: Application by 1691126 Ontario Inc. for Site Plan Approval for high density residential, retail, office and hotel uses at 7161 and 7171 Yonge St., Thornhill and proposed settlement of OMB Appeal (File Number SC 08 106782)” be received; and,

2) That the application for site plan approval submitted by 1691126 Ontario Inc. to permit 20,956 m² (225,576 sq. ft.) of retail commercial; 17,463 m² (187,976 sq. ft.) of office commercial; 714 residential units and 117 hotel rooms (Phase 1) at 7161 and 7171 Yonge Street be endorsed in principle, subject to the conditions set out in Appendix “A” (included in the addendum agenda) and Appendix “B” attached to this report; and,

3) That site plan approval be delegated to the Director of Planning and Urban Design or her designate in consultation with the Ward Councillor, to be issued following execution of a site plan agreement, in accordance with the conditions set out in Appendix ‘A’(included in the addendum agenda) and Appendix ‘B’ attached to this report. Site Plan approval is issued only when the Director has signed the site plan; and,

4) That staff be directed to attend the Ontario Municipal Board hearing scheduled for October 13, 2009, and support the endorsement in principle of the site plan, subject to the terms and conditions set out in this report and in Appendix “A”(included in the addendum agenda) and Appendix “B”; and,

5) That appropriate direction be sought from the Ontario Municipal Board regarding the process for final approval of the site plan; and,

6) That Council authorize the Mayor and Clerk to execute development/construction agreement(s) and development charges credit agreement(s) with the applicant, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor for the construction of off-site municipal services; and,

7) That the applicants agree to pay their proportionate share of the Sanitary Flow Control Measures and off-site works and infrastructure within the Yonge-Steeles growth area that benefit or will benefit the Owner’s land, including possible undergrounding of Hydro Lines on Yonge Street, to the satisfaction of the Director of Engineering; and,

8) That staff be authorized to agree to and implement modifications that maintain the intent of the conditions of site plan approval endorsed in principle by Development Services Committee and set out in Appendix A (Town of Markham conditions of site plan approval) included in the addendum agenda, to the satisfaction of the Commissioner of Development Services; and,

9) That staff report back at the September 29, 2009 Development Services Committee meeting with information related to the commercial façades (including canopy treatments) the conceptual cost to acquire LEED Gold accreditation for both the residential and commercial buildings; and,

10) That the Section 37 contribution required in the conditions of site plan approval in the amount of $2 M or equivalent in kind contribution space equivalent include consideration of the possible use of space in the proposed buildings at 7161, 7171 Yonge, for community facilities; and further,

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

CARRIED

COMMUNICATIONS

11. INTERNAL ROAD NORTH OF SIXTEENTH AVENUE
PART 3, PLAN 65R-12779 IN PART OF LOT 16, CONCESSION 7
MARKHAM HERITAGE CENTRE/RED BANNER
DEVELOPMENTS LTD. (8.0, 10.6)

Letter

That the letter dated August 24, 2009 from Mr. J.D. McDermott, Principal Planner, McDermott & Associates Limited indicating their client Red Banner Developments Ltd. undertook to construct the interior road over Part 3 of Plan 65R-12779 in accordance with the Site Plan Agreement. Red Banner Developments Ltd. is requesting that the Town initiate the required procedures to dedicate Part 3 of Plan 65R-12779 as a public highway and assume responsibility for maintenance of the road and all related works, be received and referred to staff.

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

1) That the letter dated August 24, 2009 from Mr. J.D. McDermott, Principal Planner, McDermott & Associates Limited, be received; and,

2) That staff be directed to report back on the above request.

CARRIED

NEW BUSINESS

12. BUTTONVILLE AIRPORT (5.15.1)

The Committee requested that staff bring forward the resolution to encourage the Greater Toronto Airport Authority to continue annual funding for the Buttonville Airport to the Development Services Committee meeting scheduled for September 29, 2009.

ADJOURNMENT

The Development Services Committee meeting adjourned at 12:30 PM.