OCTOBER 20, 2009 - 9:00 a.m. - 12:30 p.m.

MINUTES

DEVELOPMENT SERVICES COMMITTEE

Meeting No. 29

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 J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Councillor C. Moretti

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 A. Brown, Director of Engineering C. Conrad, Town Solicitor J. Streisfield, Assistant Town Solicitor G. Duncan, Heritage Planner L. Duoba, Project Coordinator S. Heaslip, Senior Planner R. Hutcheson, Manager, Heritage Planning P. Wokral, Heritage Planner B. Karumanchery, Senior Development Manager R. Kendall, Manager, Central District V. Shuttleworth, Director of Planning and Urban Design A. Tari, Committee Clerk

The Development Services Committee convened at 9:06 AM in the Council Chambers with Councillor J. Webster in the Chair.

DISCLOSURE OF PECUNIARY INTEREST

None disclosed.

1. PRESENTATION OF SERVICE AWARDS (12.2.6)

Sandy Chan, Payroll & Benefits Administrator, Administration Centre, 15 years

Donna Hsieh, Circulation Clerk, Unionville Library, 10 years

Andrea Cecchetto, Branch Manager, Markham Village Library, 5 years

Hilary Huffman, Branch Manager, Unionville Library, 5 years

Chris Sheehy, Branch Librarian, Markham Village Library, 5 years

Sandra Manson-Hing, Virtual Services & Subscriptions Assistant,

Administration Centre, 3 years

Scott Heaslip, Senior Project Coordinator, East, Planning & Urban Design, 25 years

Greg Lees, Provincial Offences Officer II, Clerk's Department,

By-Law & Licensing Division, 20 years

Doreen Drimmel, Human Resources Consultant, Human Resources, 15 years

Jacqueline Dyson, Fire Prevention Officer, Fire & Emergency Services, 15 years

Linda Canton-Yuen, Provincial Offences Officer I, Clerk's Department,

By-Law & Licensing Division, 10 years

Debbie Reeves, Administrative Assistant, Fire & Emergency Services, 10 years

Sandra Tam, Manager, Small Business Enterprise Centre, Economic Development, 5 years

Diogo Oliveira, Waterworks Supervisor, Operations Department - Waterworks Division, 5 years

Carrie Kumabe Colangelo, Acting Culture Coordinator, Culture, 5 years

Antonietta Rescigno, Customer Service Representative, Recreation Services, Centennial

Community Centre, 5 years

Brian Stokes, Facility Operator II, Recreation Services, Centennial Community Centre, 5 years

Ken Thibeault, Operations Labourer/Driver, Operations, 3 years

Sherif Samaan, Senior Development Engineer, Engineering, 3 years

2. DEPUTATIONS - APPEAL OF LAND SEVERANCE
DEMOLITION AND SITE PLAN APPROVAL
TO ONTARIO MUNICIPAL BOARD (OMB)
60 ROUGE STREET, MARKHAM VILLAGE (8.0)

Mr. Martin Buckingham, Vinegar Hill Ratepayers Association (VHRPA) addressed the Committee regarding the scheduled Ontario Municipal Board (OMB) hearing for 60 Rouge Street, Markham Village, requesting that the builder present a plan that demonstrates reasonable concessions toward the concerns of the VHRPA. The VHRPA is suggesting that the proposed height and building massing be reduced.

Mr. De Souza, 58 Rouge Street, addressed the Committee with respect to the scheduled (OMB) hearing for 60 Rouge Street, Markham Village, stating concerns. His concerns include: the proposed setback, size and height of the new dwellings. Mr. De Souza felt the proposed new houses will be out of character in the existing neighbourhood.

Mr. Regan Hutcheson, Manager, Heritage Planning, addressed the Committee to provide further details with respect to the changes that have been incorporated in the two proposed new dwellings at 60 Rouge Street. Mr. George Duncan, Heritage Planner, presented the Committee with drawings stating that the applicant has agreed to changes to the height, length and side yard setbacks in an effort to address concerns of area residents. Mr. Duncan indicated that the dwellings are now in conformity with the Zoning By-law.

There was discussion regarding the option to have one lot fronting on Rouge Street and one lot fronting on Nelson Street (as currently proposed, and approved by the Committee of Adjustments) and the option to have both lots fronting on Rouge Street.

Mr. Nick Thalassinos, on behalf of the applicant, addressed the Committee with respect to the proposed two dwellings at 60 Rouge Street to clarify some of the issues raised. He indicated that the current proposed living space for each new dwelling is 2,600 square feet (excluding garage). Mr. Thalassinos advised the Committee that the plans have been changed three times to try and address the concerns and issues raised by Mr. De Souza and the VHRPA.

The Committee noted that the dwellings are in compliance with zoning standards for the area, and that any further reduction in size will need to be negotiated between parties.

The Committee requested that the item be referred directly to the October 27, 2009 Council meeting, to allow time for further discussion between the parties.

3. DEPUTATIONS - ROUGE PARK IMPLEMENTATION
TASK FORCE REPORT – SUMMARY OF COMMENTS
FROM STAKEHOLDERS (10.0)

Ms. Janice Arthurson, 7450 Reesor Road, addressed the Committee regarding the Rouge Park Implementation Task Force Report, stating her support of private ownership of residential properties and the comments outlined in the report.

Mr. William Davidge, 7107 Ressor Road, addressed the Committee with respect to the Rouge Park Implementation Task Force Report, and spoke in support. He advised the Committee that he has been a long time renter and is looking forward to an agreement that will provide him the opportunity to own his home.

Mr. Brian McNamee, 7797 16^th Avenue, addressed the Committee regarding the Rouge Park Implementation Task Force Report and thanked Council and staff for bringing this forward. He indicated that as a tenant it is difficult to make capital investments in the property and would like to have the opportunity to purchase his home.

Ms. Debra Lapp, 7284 Reesor Road, addressed the Committee with respect to the Rouge Park Implementation Task Force Report stating she would like to see the area remain a Heritage Community to ensure that the houses are preserved.

Ms. Bernadette Manning, 8119 Reesor Road, addressed the Committee regarding the Rouge Park Implementation Task Force Report, thanking and congratulating the Town’s Council and staff. She believes that privatizing these homes will help preserve the Heritage homes.

Mr. Doug Davie, 8294 Durham York Town Line, addressed the Committee with respect to the Rouge Park Implementation Task Force Report stating his support. He indicated that he has been a long time tenant and welcomes the opportunity to purchase his home.

4. DEVELOPMENT SERVICES COMMITTEE MINUTES
- October 6, 2009, Part B (10.0)

Minutes

Moved by Regional Councillor J. Virgilio

Seconded by Deputy Mayor J. Heath

That the minutes of the Development Services Committee meeting, Part B, held October 6, 2009, be confirmed.

CARRIED

5. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- October 6, 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 October 6, 2009, be confirmed.

CARRIED

6. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF APRIL 30, 2009 TO AUGUST 31, 2009 (10.0)

Report

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That Committee receive the report entitled “Report on Incoming Planning Applications for the period of April 30, 2009 to August 31, 2009” and direct staff to process the applications in accordance with the approval route outlined in the report; and,

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

CARRIED

7. DELEGATED APPROVALS REPORT (10.0)

Report

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the staff report dated October 20, 2009 entitled ‘Delegated Approvals Report’ be received.

CARRIED

8. 2009 THIRD QUARTER UPDATE
OF THE STREET NAME RESERVE LIST (10.14)

Report Appendix A

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That Development Services Committee receive the updated street name reserve list for the third quarter of 2009, attached as Appendix ‘A’ to the October 20^th, 2009 staff report.

CARRIED

9. THE BRIDGE – A MARKHAM COMMUNITY CHURCH
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO FACILITATE EXPANSION OF PLACE OF WORSHIP
USES AT 5430 & 5440 16^TH AVENUE
WISMER COMMONS COMMUNITY
(ZA 09 120930) (10.5)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the report entitled “PRELIMINARY REPORT, The Bridge – A Markham Community Church, Application for Zoning By-law Amendment to facilitate expansion of place of worship uses at 5430 & 5440 16th Avenue, Wismer Commons Community, File Number: ZA 09 120930”, dated October 20, 2009 be received; and,

2) That a Public Meeting be held to consider the Zoning By-law Amendment (ZA 09 120930) application submitted by The Bridge – A Markham Community Church; and further,

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

CARRIED

10. EMBEE PROPERTIES LIMITED
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT A WIDER RANGE OF COMMERCIAL USES
AT 8675 MCCOWAN ROAD
(ZA 09-119773) (10.5)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the report entitled “PRELIMINARY REPORT, Embee Properties Limited, Application for Zoning By-law Amendment to permit a wider range of commercial uses at 8675 McCowan Road, File Number: ZA 09 119773”, dated October 20, 2009 be received; and,

2) That a Public Meeting be held to consider the Zoning By-law Amendment (ZA 09 119773) application submitted by Embee Properties Limited; and further,

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

CARRIED

11. PEOPLES CHRISTIAN ACADEMY
245 RENFREW DRIVE
BLOCK 4, PLAN 65M-2409
SOUTH OF 16^TH AVENUE, WEST OF WOODBINE AVE
APPLICATIONS FOR ZONING BY-LAW AMENDMENT
AND SITE PLAN APPROVAL TO PERMIT A
PRIVATE SCHOOL AND DAY CARE WITHIN AN
EXISTING WAREHOUSE BUILDING
(ZA 09 119448 AND SC 09 119478) (10.5, 10.6)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the report entitled “Preliminary Report, Peoples Christian Academy, 245 Renfrew Drive, Block 4, Plan 65M-2409, South of 16^th Avenue, west of Woodbine Avenue, Applications for a zoning by-law amendment and site plan approval to permit a private school and day care within an existing warehouse building, File No.: ZA 09 119448 and SC 09 119478”, dated October 20, 2009 be received; and,

2) That Staff be authorized to schedule a statutory Public Meeting to consider the application for a 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

12. REQUEST FOR SUPPORT FOR THE
PRESERVATION OF THE ALTONA INN
COUNCIL FOR THE TOWNSHIP OF UXBRIDGE (16.11)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That as recommended by Heritage Markham, the Council for the Town of Markham supports the initiatives being undertaken by the Council of the Township of Uxbridge to protect and preserve the Altona Inn including its designation and its request to Transport Canada to re-direct funding into the repair and restoration of the existing buildings on the Pickering Airport Lands rather than demolishing these local heritage resources; and,

2) That this resolution be forwarded to the Council for the Township of Uxbridge and Transport Canada; and further,

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

CARRIED

13. ROUGE PARK IMPLEMENTATION
TASK FORCE REPORT – SUMMARY OF COMMENTS
FROM STAKEHOLDERS (10.0)

Report App A App B App C App D App E App F App G

Mr. Jim Baird, Commissioner of Development Services provided the Committee with some background information related to the Rouge Park Implementation Task Force report. He pointed out that further changes to the original Task Force recommendations are outlined in Appendix “A” included in the report.

The Committee suggested that some of the discussions take place during the in-camera session of this meeting. Ms. Catherine Conrad, Town Solicitor confirmed that if the matters to be discussed are related to pending acquisition or disposition of land by the municipality then it can be discussed in-camera.

Moved by Councillor D. Horchik

Seconded by Deputy Mayor J. Heath

That the Rouge Park Implementation Task Force – Summary of Comments from Stakeholders be referred to the October 27, 2009 Development Services Committee meeting.

CARRIED

14. INTENTION TO DESIGNATE UNDER
PART IV OF THE ONTARIO HERITAGE ACT
93 OLD KENNEDY ROAD
EAST SIDE OF OLD KENNEDY ROAD
NORTH OF STEELES AVENUE
LOGOS BAPTIST CHURCH, MILLIKEN (16.11.3)

Report Attachment

Mr. Peter Wokral, Heritage Planner, delivered a brief PowerPoint presentation outlining the basis to preserve buildings that are identified as a property of cultural heritage value or interest from the early 20^th Century period.

Mr. Henry Chiu, Henry Chiu Architect, addressed the Committee regarding the proposal to designate 93 Old Kennedy Road as a property of cultural heritage value, stating he is not in support. Mr. Chu confirmed that a demolition permit has been submitted for this dwelling.

Mr. George Mah, Logos Baptist Church Milliken, addressed the Committee with respect to the proposal to designate 93 Old Kennedy Road as a property of cultural heritage value to elaborate on some other options for Council to consider. He indicated that their preference is demolition but they are agreeable to offer the building to an interested party for relocation or to retain the building provided they are permitted to add an addition to it.

Ms. Marion Matthias, 33 Colbourne Street, addressed the Committee regarding the proposal to designate 93 Old Kennedy Road as a property of cultural heritage and stated her support. She believes that the Milliken area has very limited heritage dwellings left and that preserving them is important.

The Committee asked the applicant if he would be agreeable to withdrawing their application for demolition permit to allow the Committee an opportunity to review with the applicant the various options for this site before making a decision within the period prescribed by the Ontario Heritage Act. The applicant agreed to withdraw their application for demolition permit for 93 Old Kennedy Road. The Committee discussed referring this application to the October 27, 2009 Council meeting.

The Committee discussed the Ontario Municipal Board Hearing scheduled for November 3^rd and 4th, 2009 for this property. Ms. Catherine Conrad, Town Solicitor advised the Committee that the applicant has appealed the conditions related to the minor variance application. She confirmed that although one of the conditions is the retention of this dwelling , regardless of the OMB’s decision, a demolition permit is still required to allow the building to be demolished.

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Virgilio

That the recommendation of Heritage Markham, that 93 Old Kennedy Road be designated under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest, be referred to the October 27, 2009 Council meeting.

CARRIED

15. INTENTION TO DESIGNATE UNDER
PART IV OF THE ONTARIO HERITAGE ACT
THE JAMES RATTLE HOUSE
73 OLD KENNEDY ROAD
EAST SIDE OF OLD KENNEDY ROAD
NORTH OF STEELES AVENUE
MAIN STREET MILLIKEN AREA (16.11.3)

Report Attachment

Mr. Dan McEachen, Jen-Dan Limited, addressed the Committee regarding the proposal to designate 73 Old Kennedy Road as a property of cultural heritage value stating concerns. He indicated that they operate a family business out of this location. Mr. McEachen confirmed that they have applied for a demolition permit as a result of interested developers approaching them to purchase their property. He indicated that the property to the north of theirs will be developed with townhomes and he is concerned that the future residents will file complaints with the Town due to the operation of their business which involves early morning operation of machinery.

The Committee asked Mr. McEachen if he would agree to withdraw his demolition permit. Mr. McEachen advised that he is not willing to withdraw his demolition permit at this time.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That as recommended by Heritage Markham, the James Rattle House – 73 Old Kennedy Road be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,

2) That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,

3) That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and,

4) That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and,

5) That Demolition Permit application 09 123178 000 00 DP requesting the demolition of the house at 73 Old Kennedy Road be refused; and,

6) That Demolition Permit application 09 123178 000 00 DP requesting the demolition of the accessory building at 73 Old Kennedy Road be approved; and further,

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

CARRIED

16. LANGSTAFF AREA
- YORK REGION PLANNING COORDINATION FOR THE
RICHMOND HILL CENTRE/LANGSTAFF GATEWAY
REGIONAL CENTRE AND PROVINCIAL URBAN GROWTH CENTRE
INFORMATION REPORT (10.0)

Report Attachment

Committee discussed the need to preserve the heritage woodlot, storm water management pond and 200 year old Bur Oak tree on lands in Richmond Hill Centre.

Ms. Matthias, addressed the Committee regarding the Richmond Hill Centre advising that she is not in support of the Urban Strategies suggestions. She feels the preservation of the heritage woodlot, storm water pond and 200 year old Bur Oak tree is essential. Ms. Matthias suggested having the heritage woodlot named after the late Markham Councillor Doreen Quirk.

Committee discussed the merit of the Calthorpe Master Plan for Langstaff lands, and the need to have the Plan reflected in the larger planning study.

There was discussion related to the Regional Macro Transportation Analysis which will address the Langstaff Master Plan.

Moved by Councillor V. Burke

Seconded by Deputy Mayor J. Heath

1) That the report entitled “Langstaff Area - York Region Planning Coordination for the Richmond Hill Centre/Langstaff Gateway Regional Centre and Provincial Urban Growth Centre Information Report” be received; and,

2) That Markham staff continue to work with York Region, Richmond Hill, Vaughan and agency staff through this planning coordination effort; and,

3) That the Development Services Committee recommends that the Heritage Woodlot, Storm Water Pond and 200 Year Old Bur Oak tree be preserved in the Richmond Hill Centre, and that this be forwarded to the Town of Richmond Hill and the Region of York; and,

4) That Markham staff include an update about this coordination effort in subsequent staff reports to Development Services Committee regarding the Langstaff Master Plan and Secondary Plan process; and further;

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

CARRIED

NEW BUSINESS

There were no items.

17. IN-CAMERA MATTER (8.0)

Moved by Councillor D. Horchik

Seconded by Councillor V. Burke

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

(12:15PM):

1) Litigation or potential litigation - Appeal of Land Severance, Demolition and Site Plan Approval to Ontario Municipal Board (OMB), 60 Rouge Street

2) Solicitor-client privilege - Appeal of Minor Variance Conditions (A/11/09 and A/18/09) to the Ontario Municipal Board (OMB), 93 and 133 Old Kennedy Road

CARRIED

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

That the Committee rise from the in-camera session (1:05 PM)

CARRIED

ADJOURNMENT

The Development Services Committee meeting adjourned at 1:05 PM.