OCTOBER 6, 2009 - 9:00 a.m. - 12:30 p.m.

MINUTES

DEVELOPMENT SERVICES COMMITTEE

Meeting No. 27

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

Regional Councillor G. Landon

Regional Councillor J. Virgilio

Councillor V. Burke

Councillor E. Shapero

Councillor

Councillor C. Moretti

Councillor J. Webster

Councillor D. Horchik

Councillor L. Kanapathi

Councillor A. Chiu

 

Regrets

Deputy Mayor J. Heath

Regional Councillor J. Jones

 

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

B. Librecz, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

S. Chait, Director, Economic Development

C. Conrad, Town Solicitor

G. Day, Planner

G. Duncan, Heritage Planner

B. Karumanchery, Senior Development Manager

A. Tari, Committee Clerk

 

The Development Services Committee convened at 9:02 AM in the Council Chamber with Councillor J. Webster in the Chair.  

 

 

 

DISCLOSURE OF PECUNIARY INTEREST

 

Councillor Carolina Moretti disclosed an interest with respect to Item #9, as her son works for Fieldgate Homes, 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)

 

 

Michele Coppins, Waterworks Operator, Operations, Waterworks Division, 20 years

Lorne Dehaas, Working Supervisor, Operations, 20 years

Kevin Hicks, Facility Operator II, Recreation Services, Milliken Mills Community Centre, 20 years

Dave Merriman, Facility Coordinator, Recreation Services, Angus Glen Community Centre, 20 years

Kathy Nesbitt, Human Resources Administrator, Human Resources, 20 years

Kim Orpwood, Tax Arrears Clerk, Financial Services, 20 years

Patrick Scott, Sewer Flusher/Camera Operator, Operations, Waterworks Division, 20 years

Janet Clarry, Alarm Room Operator, Fire & Emergency Services, 15 years

Pablo Cufre, Maintenance Assistant, Recreation Services, 15 years

Derek Hanlon, Building Inspector II, Building Standards, 15 years

Sandra Oxley, Assessment Administrator, Financial Services, 15 years

Kevin Beck, Facility Operator III, Recreation Services, 10 years

Anni Hansen, Customer Service Representative, Recreation Services,

   Angus Glen Community Centre, 10 years

Robert Kerfoot, Facility Operator II, Recreation Services, Thornhill Community Centre, 10 years

Jill McWhinnie, Senior By-Law Enforcement & Licencing Clerk, Clerk's, By-Law &

   Enforcement & Licensing Division, 10 years

Bud O'Connor, Recreation Supervisor, Recreation Services, Crosby Community Centre, 10 years

Mark Visser, Manager, Strategy, Innovation & Investments, Financial Services, 10 years

Frank Caswell, Truck Driver, Operations, 5 years

Shumin Gao, Compliance & Efficiency Engineer, Waterworks, Operations,

   Waterworks Division, 5 years

Laura Gold, Assistant to Council/Committee, Clerk's, 5 years

Scott Greer, Facility Operator II, Recreation Services, Milliken Mills Community Centre, 5 years

Dan Jones, Maintenance Assistant, Museum, Culture, 5 years

Mario Puopolo, Waterworks Operator, Operations, Waterworks Division, 5 years

Don Roe, Recreation Supervisor Programs, Recreation Services,

   Angus Glen Community Centre, 5 years

Paul Sit, Fire Plan Examiner, Fire & Emergency Services, 5 years

Paul Willis, Sign Maintenance, Operations, 5 years

Lori Beattie, Applications Administrator, Building Standards, Building Standards, 3 years

Andrew Downing, Provincial Offences Officer I, Clerk's, By-Law & Enforcement &

   Licensing Division, 3 years

 

 

 

 

 

 

 

 

2.         DEVELOPMENT SERVICES COMMITTEE MINUTES
- September 22, 2009, Part B (10.0)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

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

September 22, 2009, be confirmed.

CARRIED

 

 

3.         HERITAGE MARKHAM COMMITTEE MINUTES
            - September 9, 2009 (16.11)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

That the minutes of the Heritage Markham Committee meeting held September 9, 2009, be received.

CARRIED

 

 

4.         MAIN STREET MARKHAM COMMITTEE MINUTES
            - September 16, 2009 (16.39)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

That the minutes of the Main Street Markham Committee meeting held September 16, 2009, be received.

CARRIED

 

 

5.         MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
            - September 9, 2009 (16.34)

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

That the minutes of the Markham Public Art Advisory Committee meeting held

September 9, 2009, be received;

CARRIED

 

 

6.         GOLDEN-HAUER INVESTMENTS LIMITED
            ZONING BY-LAW AMENDMENT APPLICATION
            TO PERMIT A RETAIL USE ASSOCIATED WITH THE
            PRIMARY INDUSTRIAL USE AT 319 DENISON STREET
            (ZA 09 121192) (10.5)

            Report  Attachment

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

1)         That the report titled, “PRELIMINARY REPORT, Golden-Hauer Investments Limited. Zoning By-law amendment application to permit a retail use associated with the primary industrial use at 319 Denison Street. ZA 09 121192”, be received; and,

 

2)         That a Public Meeting be held to consider the Zoning By-law amendment application (ZA 09 129192) submitted by Golden-Hauer Investments Limited; and further,

 

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

CARRIED

 

 

7.         DIGRAM DEVELOPMENTS INC.
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT (19TM-09004)
            EAST OF HIGHWAY 48 AND SOUTH OF MAJOR MACKENZIE DRIVE
            (ZA 09-122311 AND SU 09-122312) (10.7, 10.5)

            Report  Attachment

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

1)         That the report dated October 6, 2009 entitled “Preliminary Report, Digram Developments Inc. Applications for Draft Plan of Subdivision and Zoning By-law Amendment (19TM-09004), East of Highway 48 and south of Major Mackenzie Drive, File Numbers File Numbers ZA 09-122311 and SU 09-122312” be received; and,

 

2)         That Staff be authorized to schedule a statutory Public Meeting to consider the proposed Draft Plan of Subdivision and Zoning By-law Amendment; and further,

 

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

CARRIED

 

 

 

8.         DANVEST WISMER INVESTMENTS LIMITED PHASE 3
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT (19TM-02009)
            EAST OF MCCOWAN ROAD AND SOUTH OF
            MAJOR MACKENZIE DRIVE
            WISMER COMMONS COMMUNITY
            (ZA 09-123881 AND SU 02-115478-002) (10.7, 10.5)

            Report  Attachment

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Virgilio

 

1)         That the report dated October 6, 2009 entitled “Preliminary Report, Danvest Wismer Investments Limited Phase 3, Applications for Draft Plan of Subdivision and Zoning By-law Amendment (19TM-02009), East of McCowan Road and south of Major Mackenzie Drive, File Numbers ZA 09-123881 and SU 02-115478-002” be received; and,

 

2)         That Staff be authorized to schedule a statutory Public Meeting to consider the proposed Draft Plan of Subdivision and Zoning By-law Amendment; and further,

 

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

CARRIED

 

 

9.         16TH AND MCCOWAN HOLDINGS LTD.
            EAST OF MCCOWAN ROAD, NORTH OF 16TH AVENUE
           
WISMER COMMONS COMMUNITY
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            APPROVAL AND IMPLEMENTING
            ZONING BY-LAW AMENDMENTS
            (SU 02 115896 (19TM-02011 – PHASE 3 and 19TM-98006 AND ZA 08 122207)
            (10.7, 10.5)

            Report  Attachment

 

Mr. Jim Baird, Commissioner of Development Services advised the Committee that the existing hedgerow (coniferous trees) on the westerly boundary of the property will be preserved.

 

Moved by Regional Councillor G. Landon

Seconded by Councillor A. Chiu

 

1)         That the report entitled “Recommendation Report, 16th and McCowan Holdings Ltd., East of McCowan Road, north of 16th Avenue, Wismer Commons Community, Applications for Draft Plan of Subdivision Approval and Implementing Zoning By-law Amendments, SU 02 115896 (19TM-02011 – Phase 3 and 19TM-98006) and ZA 08 122207”, dated October 6, 2009 be received; and,

 

2)         That draft plan of subdivision 19TM-02011 - Phase 3 and 19TM-98006 submitted by 16th and McCowan Holdings Ltd., be draft approved subject to the conditions outlined in Appendix ‘A’; and,

 

3)         That the application submitted by 16th and McCowan Holdings Ltd. to amend Zoning By-laws 304-87 and 177-76, as amended, be approved and the draft by-laws attached as  Appendices ‘B’ and ‘C’, be finalized and enacted without further notice; and,

 

4)         That servicing allocation for 12 units (44.4 pop.) be granted to plan of subdivision 19TM-02011 - Phase 3 and 19TM-98006 from the total allocation for the Wismer Commons Community, assigned in accordance with the February 12, 2008 staff report on servicing allocation; and,

 

5)         That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02011 (Phase 3 - 12 units) and 19TM-98006 (12 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase 3 lands, until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will be within twelve (12) months; and,

 

6)         That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02011 (Phase 3 – 136.5 units) and 19TM-98006 (136.5 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase 3 lands, until:

 

  i) York Region has advised in writing that the expected completion of the Southeast Collector Sewer will be within twelve (12) months;

 ii)  The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the lands; and

iii)   The Trustee for the Wismer Commons Developers’ Group Cost Sharing Agreement has assigned 136.5 units of conditional servicing (water and sewer) allocation to the Owner; and,

 

7)         That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,

 

8)         That the Region of York be advised of the servicing allocation for this development; and,

 

9)         That the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law 2008-257); and further,

 

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

CARRIED

10.       TOWN INITIATED OFFICIAL PLAN AMENDMENT
            TO THE HAMLET OF VICTORIA SQUARE PLANNING DISTRICT
            (
PR 07 127443 & OP 09 113402) (10.3)

            Report  Attachment Correspondence Letters

 

Mr. Geoff Day, Planner delivered a brief PowerPoint presentation regarding the Town initiated Official Plan Amendment to the Hamlet of Victoria Square Planning District.

 

Ms. Margarita Leventis on behalf of Mrs. Nancy Brumwell-Ledger addressed the Committee regarding the proposed Town initiated Official Plan Amendment to the Hamlet of Victoria Square and spoke in opposition.  She strongly believes that the Hamlet of Victoria Square should remain a single family residential community.

 

Mr. Matthew McKinlay, 10823 Woodbine Avenue, addressed the Committee regarding the Town initiated proposed amendment to the Official Plan for the Hamlet of Victoria Square and spoke in opposition.  He feels that sufficient commercial uses already exist close by in the Cathedral Community.  Mr. McKinlay believes that if any commercial uses are permitted in the Hamlet of Victoria Square the following issues would arise: potential increase in traffic; loss of green space due to increased parking surfaces; light pollution and noise pollution.

 

Ms. Elena Bevilacqua, Cesaroni Holdings Ltd., addressed the Committee with respect to the proposed Town initiated Official Plan Amendment to the Hamlet of Victoria Square and spoke in support. 

 

The Committee pointed out that this proposal is not intending to introduce new uses, and advised that in addition, additional measures are being taken that will protect the existing community.   Staff also pointed out that the current zoning for the Hamlet of Victoria Square is strictly residential. 

 

The Committee discussed the Urban Design Guidelines and the possibility of increasing the landscape width requirements on commercial properties that abut residential properties to more than the standard of 3 metres.

 

There was discussion regarding some of the proposed appropriate permitted uses such as places of worship and retail uses and whether these uses should be eliminated or further restricted to a more local use (in terms of lot area and size of the building).

 

The Committee discussed reasons that would support limiting all new development to residential uses only and having them also be subject to the site plan control by-law. 

 

There was discussion with respect to declaring the Hamlet of Victoria Square a Historical District.  Staff advised that there has been some preliminary work done with respect to that.

 

 

 

 

 

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the letter dated September 25, 2009 from Mr. Matthew McKinlay forwarding thirty-five letters of response from the residents of the community of Victoria Square indicating thirty responses do not support the proposed amendment and five responses in support of the proposed amendment to the Official Plan, be received; and,

 

That the correspondence from Mr. Jim Robertson, President Save Victoria Square Ratepayers Association, be received; and further,

 

That the correspondence from Ms. Joy Mortson, 3046 Elgin Mills Road East, be received.

CARRIED

 

 

 

Moved by Mayor F. Scarpitti

Seconded by Councillor C. Moretti

 

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

(10:18 AM):

 

1)         TOWN INITIATED OFFICIAL PLAN AMENDMENT
TO THE HAMLET OF
VICTORIA SQUARE PLANNING DISTRICT

CARRIED

 

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

 

That the Committee rise from the in-camera session (10:47 AM)

CARRIED

 

 

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Virgilio

 

1)         That the staff report entitled “Recommendation Report - Town initiated Official Plan Amendment to the Hamlet of Victoria Square Planning District”, dated October 6 2009, be received; and,

 

2)         That the record of the Public Meeting held on June 16, 2009, be received; and,

 

 

 

 

3)         That an Official Plan Amendment which sets out new policies in the Victoria Square Planning District restricting all new development to single detached residential uses and subject to site plan control and which will require all new development or redevelopment to apply compatible historical architectural styles through specific Urban Design Guidelines be finalized and adopted; and,

 

4)         That staff report back to the Development Services Committee on designating The Hamlet of Victoria Square as a designated Heritage Study Area; and further,

 

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

CARRIED

At the October 13, 2009 Council meeting the following was received.

 

1)         That the letter dated October 13, 2009 from Ms. Elena Bevilacqua, Vice-President, Cesaroni Holdings Ltd and the letter dated October 11, 2009 from Mr. A. Fedele, presented at the Council meeting on October 13, 2009, be received; and,

 

2)         That the delegations of Ms. Elena Bevilacqua, Cesaroni Holdings Ltd., Michael Davis, Margarita Leventis, Matthew McKinlay, Nancy Brumwell, Jim Robertson, President, Save Victoria Square Ratepayers Association, presented at the Council meeting on October 13, 2009, be received.

 

 

 

11.       NOMINATION OF THE DAVID DUNLAP OBSERVATORY
            RICHMOND HILL, FOR NATIONAL HISTORIC SITE STATUS
            (16.11)

            Report  Attachment

 

Mr. Baird advised the Committee that Heritage Markham is requesting Council support in the process of requesting the Federal Government to designate the David Dunlap Observatory as a National Historic Site.  He pointed out that one of the Federal Policy provisions is to obtain the support of the property owner.

 

Ms. Karen Cilevitz, The David Dunlap Observatory Defenders, delivered a PowerPoint presentation regarding The David Dunlap Observatory that included historic pictures of the site.  She thanked the Town of Markham for their support.

 

Ms. Evelin Ellison, Ward One (South) Thornhill Residents Inc., addressed the Committee with respect to The David Dunlap Observatory thanking Markham for their support.  She also requested that the resolution be forwarded to the Province and the Federal Government.

 

 

 

Ms. Marion Matthias, 33 Colborne Street, addressed the Committee regarding The David Dunlap Observatory lands and thanked Markham for their support.  She believes that the entire site needs to be preserved. 

 

The Committee thanked Ms. Cilevitz for her presentation and everyone involved for their work in assisting the Town of Richmond Hill. 

 

There was brief discussion regarding the requirement of obtaining the property owner’s support to have the lands nominated as a National Historic Site.

 

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

 

1)         That as recommended by Heritage Markham, Council’s heritage advisory committee, the Town of Markham supports The Town of Richmond Hill’s efforts to nominate the David Dunlap Observatory as a National Historic Site; and,

 

2)         That the Town of Markham recommends that the entire property containing the David Dunlap Observatory be set aside for conservation and preservation purposes; and,

 

3)      That this resolution be sent to the Prime Minister of Canada, the Federal Minister of Heritage, the Premier of Ontario, the Provincial Minister of Culture, the MPs and MPPs for the Town of Markham and for the Town of Richmond Hill, and the Council of the Town of Richmond Hill; and further,

 

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

CARRIED

 

 

 

12.       AMENDMENTS TO DEVELOPMENT FEE
            BUILDING FEE AND TOWN WIDE FEE BY-LAWS
            DEVELOPMENT SERVICES COMMISSION (10.0, 7.0)

            Report  Attachment A

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor G. Landon

 

1)         That the Report titled “Proposed Amendments to Development Fee, Building Fee and Town Wide Fee By-laws, Development Services Commission” dated October 6, 2009 be received; and,

 

 

 

 

2)         That the proposed amendments be referred to a public meeting of Development Services Committee, to be held on November 3, 2009; and further,

 

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

CARRIED

 

 

 

13.       INNOVATION SYNERGY CENTRE IN MARKHAM UPDATE
            (10.16)

            Presentation

 

Mr. Bob Glandfield, President and CEO, Innovation Synergy Centre delivered a PowerPoint presentation providing an update with respect to the Markham Innovation Synergy Centre.

 

The Committee thanked Mr. Glandfield for the update and also thanked Mr. Ron Smith for all their work.

 

The Committee discussed the need of obtaining support from the Provincial and Federal Government to meet the demands.

 

Moved by Mayor F. Scarpitti

Seconded by Councillor A. Chiu

 

That the presentation provided by Mr. Bob Glandfield, President and CEO, Innovation Synergy Centre regarding the Innovation Synergy Centre in Markham Update, be received; and,

 

That Mr. Bob Glandfield, and the Board of Directors be thanked for their work.

CARRIED

 

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at 12:02 PM.