JUNE 16, 2009 - 9:00 a.m. - 2:00 p.m.

MINUTES

DEVELOPMENT SERVICES COMMITTEE

Meeting No. 21

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 J. Virgilio Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Regional Councillor T. Wong Regional Councillor G. Landon Councillor E. Shapero

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 L. Duoba, Project Coordinator B. Karumanchery, Senior Development Manager V. Shuttleworth, Director of Planning and Urban Design C. Jay, Senior Planner Urban Design A. Tari, Committee Clerk

The Development Services Committee convened at 9:00 AM in the Council Chamber with Councillor J. Webster in the Chair.

DISCLOSURE OF PECUNIARY INTEREST

None disclosed.

1. PRESENTATION OF SERVICE AWARDS (12.2.6)

Daniel Eastman, Firefighter, Fire & Emergency Services, 25 years

Therese Miller, Alarm Room Operator, Fire & Emergency Services, 25 years

Todd Bailey, Group Leader, Operations, 20 years

Karen Carlin, Aquatic Coordinator, Milliken Mills Pool, Recreation Services, 20 years

Phil Chapman, Jr., Facility Operator II, Angus Glen C.C., Recreation Services, 20 years

John Hoover, Operations Supervisor, Roads, Operations, 20 years

Eric Leung, Engineering Technologist, Engineering, 20 years

Shelley Marshall, Firefighter, Fire & Emergency Services, 20 years

Don McLellan, Operations Working Supervisor, Operations, 20 years

Louie Tsatsanis, Operations, Working Supervisor, Operations, 20 years

Kevin Wells, Truck Driver, Operations, 20 years

Elizabeth Wimmer, Senior Planner, Urban Design, Planning & Urban Design, 15 years

James Bingham, Working Supervisor, Operations, 10 years

Sheila Fockler, Operations Labourer/Driver, Operations, 10 years

Tony Lombardi, Operations Labourer/Driver, Operations, 10 years

Patrick Fry, Truck Driver, Operations, 5 years

Ryan O'Reilly, Gardener, Operations, 5 years

Rafael Saa, Building Inspector I, Building Standards, 5 years

Andrea Carpenter, Program Coordinator, Markham Museum, Culture, 3 years

Victor Chen, Firefighter, Fire & Emergency Services, 3 years

Adam Grant, Fire Prevention/Public Education Officer, Fire & Emergency Services, 3 years

Karen Harvey, Firefighter, Fire & Emergency Services, 3 years

Timothy Johnson, Firefighter, Fire & Emergency Services, 3 years

Bradley Lamport, Firefighter, Fire & Emergency Services, 3 years

Martin Matthiessen, Firefighter, Fire & Emergency Services, 3 years

Brad Roberts, Zoning Examiner, Building Standards, 3 years

Anna Rose, Manager, Community Relations, Communications & Community Relations, 3 years

Jason Scovell, Fire Prevention Officer, Fire & Emergency Services, 3 years

Marc Van Loon, Firefighter, Fire & Emergency Services, 3 years

Kerry Wakefield, Pool Supervisor, Angus Glen, Recreation Services, 3 years

Susan Watts, Seniors' Coordinator, Recreation Services, 3 years

Keith Woodcock, Firefighter, Fire & Emergency Services, 3 years

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

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the minutes of the Development Services Committee meeting, Part B, held June 2, 2009, be confirmed.

CARRIED

3. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- June 2, 2009 (10.0)

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the minutes of the Development Services Public Meeting, held June 2, 2009, be confirmed.

CARRIED

4. SPECIAL DEVELOPMENT SERVICES
COMMITTEE MEETING MINUTES
- June 2, 2009 (10.0)

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the minutes of the Special Development Services Committee meeting, held June 2, 2009, be confirmed.

CARRIED

5. MAIN STREET MARKHAM COMMITTEE MINUTES
- May 20, 2009 (16.39)

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the minutes of the Main Street Markham Committee meeting held May 20, 2009, be received.

CARRIED

6. MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
- May 13, 2009 (16.34)

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the minutes of the Markham Public Art Advisory Committee meeting held May 13, 2009, be received;

CARRIED

7. MARKHAM CENTRE SUB-COMMITTEE MINUTES
- May 12, 2009 (10.0)

Minutes

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the minutes of the Markham Centre Sub-Committee meeting held May 12, 2009, be received.

CARRIED

8. COMMERCIAL FAÇADE IMPROVEMENT
GRANT PROGRAM FOR HERITAGE DISTRICTS 2009 (16.11, 7.6)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the staff report entitled “Commercial Façade Improvement Grant Program for Heritage Districts 2009” be received; and,

2) That the applications for the Commercial Façade Improvement Grant Program be approved provided that the applicants comply with the eligibility requirements of the program; and,

3) That the requested grant of $2,388.75 to install a new ground sign in front of 71 Markham Main St. N. conforming to the provisions for Special Sign Districts contained in the Sign By-law be approved subject to the applicant obtaining the necessary approvals and entering into a Grant Agreement with the Town; and,

4) That the requested grant of $3,953.00 to replace the existing palladian window at 7 Washington St. be approved subject to the design being revised to replicate the original outline and details of the original window as seen in an archival photograph, and the applicant obtaining the necessary approvals and entering into a Grant Agreement with the Town; and,

5) That the maximum grant for non-heritage buildings of $10,000.00 be approved to fund storefront improvements to 170 Main St. Unionville subject to the applicant obtaining the necessary approvals and entering into a Grant Agreement with the Town; and,

6) That the maximum grant for non-heritage buildings of $10,000.00 be approved to fund storefront improvements to 4496 Highway 7, Unionville subject to the applicant removing illegal window signage, painting the stucco cladding in an approved heritage colour, removing the existing fluorescent light fixtures from the top edge of the roof to install more appropriate gooseneck lighting, installing awnings on the storefront windows, obtaining the necessary approvals, and entering into a Grant Agreement with the Town; and,

7) That Council authorizes the Mayor and Clerk to enter into Façade Easement Agreements with the owners of 170 Main St. and 4496 Highway 7 Unionville and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor; and,

8) That Council agrees to waive the eligibility criteria pertaining to the timing of the initiation of the following projects: the sign for 71 Main St. N. and 170 Main St. Unionville; and,

9) That the grants be funded through the Development Services Planning Capital Project 6633 (Heritage Façade Improvement/Replacement Program); and further,

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

CARRIED

9. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF FEBRUARY 29, 2009 TO APRIL 29, 2009 (10.0)

Report

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That Committee receive the report entitled “Report on Incoming Planning Applications for the period of February 29, 2009 to April 29, 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

10. 2009 SECOND QUARTER UPDATE
OF THE STREET NAME RESERVE LIST (10.14)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That Development Services Committee receive the updated street name reserve list for the second quarter of 2009, attached as Appendix ‘A’ to the June 16^th, 2009 staff report.

CARRIED

11. REQUEST FOR DEMOLITION
60 ROUGE STREET, MARKHAM
(FILE: 09 115007) (16.11.3)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That Council endorse the demolition of the dwelling at 60 Rouge Street located within the Markham Village Heritage Conservation District; and,

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

CARRIED

**Note: At the June 23, 2009 Council meeting the above resolution was amended as follows:

Moved by Regional Councillor G. Landon

Seconded by Councillor J. Webster

That Council deny the demolition of the dwelling at 60 Rouge Street located within the Markham Village Heritage Conservation District.

CARRIED

12. AGS CONSULTANTS LTD.
ZONING BY-LAW AMENDMENT APPLICATION
TO PERMIT TEMPORARY OUTDOOR STORAGE
OF NEW VEHICLES AT 11 AND 17 ESSEX AVENUE.
(ZA. 08-128290) (10.5)

Report Attachment

The Committee inquired about the number of trees that have been removed from this property. Staff advised that they will follow up with the estimated number of trees removed and suggested that this issue be discussed at the future Public Meeting.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the report dated June 16, 2009, entitled “AGS Consultants Ltd. Zoning By-law Amendment application to permit temporary outdoor storage of new vehicles at 11 and 17 Essex Avenue (ZA 08-128290)”, be received; and,

2) That a public meeting be held to consider the application submitted by AGS Consultants Limited for a Zoning By-law Amendment to permit temporary outdoor storage of new vehicles at 11 and 17 Essex Avenue; and further,

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

CARRIED

13. INFORMATION REPORT
LASSETER DEVELOPMENT INC.
APPLICATIONS FOR ZONING BY-LAW AMENDMENT
AND DRAFT PLAN OF SUBDIVISION TO PERMIT A
250 TOWNHOUSE DEVELOPMENT AT THE SOUTHWEST
CORNER OF MAJOR MACKENZIE DRIVE AND MCCOWAN ROAD
WITHIN THE BERCZY VILLAGE SECONDARY PLAN AREA
(ZA 08 107108 & SU 09 115161) (10.5 & 10.7)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the information report dated June 16, 2009, entitled “Lasseter Developments Inc. Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit a 250 townhouse development at the southwest corner of Major Mackenzie Drive and McCowan Road within the Berczy Village Secondary Plan Area (ZA 08 107108 & SU 09 115161) be received as background to the Public Meeting scheduled for June 16, 2009.

CARRIED

14. DELPARK HOMES (BONDBROOKE) LTD.
2 HAVELOCK GATE, SOUTH OF 14^TH AVENUE,
EAST OF MARKHAM ROAD
APPLICATIONS FOR OFFICIAL PLAN AMENDMENT,
ZONING BY-LAW AMENDMENT, AND SITE PLAN APPROVAL
(OP 09 113033, ZA 09 113040 & SC 09 113042) (10.3, 10.5 & 10.6)

Report Attachment

The Ward Councillor inquired why this application is back at Committee for consideration when there have already been Community Information Meetings and a statutory Public Meeting held in 2006 and 2007. Staff advised that there have been considerable changes made to the applications and that this report is recommending that a Public Meeting be held to obtain public input on the new proposal.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the report entitled “Preliminary Report, Delpark Homes (Bondbrooke) Ltd., 2 Havelock Gate, south of 14th Avenue, east of Markham Road, Applications for Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval, File No’s.:OP 09 113033, ZA 09 113040 & SC 09 113042”, dated June 16, 2009 be received; and,

2) That a Public Meeting be held to consider the applications submitted by Delpark Homes (Bondbrooke) Ltd. for Official Plan (OP 09 113033) and Zoning By-law (ZA 09 113040) Amendments to permit a four (4) storey apartment building at 2 Havelock Gate; and further,

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

CARRIED

15. TOWN INITIATED ZONING BY-LAW AMENDMENT
RELATING TO DEVELOPMENT STANDARDS FOR
ACCESSORY BUILDINGS & STRUCTURES IN ALL
RESIDENTIAL ZONES IN THE TOWN OF MARKHAM (10.5, 10.0)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the report dated June 16, 2009, entitled, “Town initiated Zoning By-law Amendment Relating to Development Standards for Accessory Buildings & Structures in all Residential Zones in the Town of Markham”, be received; and,

2) That a Public Meeting be scheduled, following a workshop with Members of Council, for the purpose of giving the public an opportunity to understand and make representation in respect of the proposed by-law amendment; and further,

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

CARRIED

16. ANAGNI HOMES LIMITED
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT A MIXED-USE RESIDENTIAL DEVELOPMENT
AND GRADE RELATED TOWNHOUSES AT THE
NORTH WEST CORNER OF EDWARD JEFFREYS AVENUE
AND MARKHAM ROAD (HIGHWAY 48) (ZA 09-115049) (10.5)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the report dated June 16, 2009 entitled “Preliminary Report, Anagni Homes Limited, Application for Zoning By-law Amendment to permit a mixed use residential development and grade related townhouses at the north west corner of Edward Jeffreys Avenue and Markham Road (Highway 48), File Number ZA 09-115049” be received; and,

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

CARRIED

17. BENTLEY STREET AT AMBER STREET
PARKING PROHIBITION (5.12.4)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the report entitled “Bentley Street at Amber Street Parking Prohibition”, be received; and,

2) That Schedule “C” of Traffic By-law 2005-188 be amended to prohibit parking on both sides of Bentley Street, from a point 40 metres west of Amber Street to a point 40 metres east of Amber Street; and,

3) That Schedule “C” of Traffic By-law 2005-188 be amended to prohibit parking on both sides of Amber Street, from Bentley Street to a point 40 metres south thereof; and,

4) That the Operations Department be directed to install the appropriate signs at the subject locations, funded through the Operations Department account # 83-5399-8402-005; and,

5) That the Parking Control Department be directed to enforce the parking prohibition upon installation of the signs; and further,

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

CARRIED

18. 16^TH AVENUE AT CACHET WOODS COURT
TRAFFIC CONTROL SIGNALS (5.12.1)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

1) That the report entitled “16^th Avenue at Cachet Woods Court Traffic Control Signals” be received; and,

2) That the York Region Transportation and Works Department be requested to install permanent traffic control signals at the subject location, at a cost of $120,000, funded through the Town of Markham Engineering Department account #083-5350-8472-005; and,

3) That the York Region Transportation and Works Department reimburse the Town the full cost of the traffic signal installation upon the intersection meeting the technical warrants for traffic signals; and,

4) That the York Region Transportation and Works Department be directed to maintain the traffic signals at a cost of $4,000 per year, funded through the Town of Markham Operations Department operating budget account #700-505-5308, until such time that the intersection meets technical warrants for traffic signals; and,

5) That subject to installation, the Operations Department traffic signal operating budget account #700-505-5308 be increased by $4,000 starting in 2010 to cover the cost of maintenance until such time as the Region of York assumes full responsibility for maintenance; and further,

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

CARRIED

19. TOWN OF MARKHAM STREETSCAPE MANUAL (10.0)

Report Appendix A

Mr. Jim Baird, Commissioner of Development Services summarized the purpose of the proposed manual and advised that it is also part of the Mayor’s Trees for Tomorrow initiative. He thanked Catherine Jay of the Urban Design group for leading this initiative.

The Committee stated that it is a great initiative and thanked staff for putting the manual together.

There were brief discussions regarding the life span of existing trees.

Moved by Deputy Mayor J. Heath

Seconded by Councillor L. Kanapathi

1) That the Town of Markham Streetscape Manual, dated June 2009, be received and endorsed; and,

2) That the design guidelines, technical guidelines, technical details and selected species list included in the Streetscape Manual be used in the evaluation of development applications and rights-of-way tree planting within the Town; and,

3) That the Streetscape Manual be integrated and coordinated with other Town policies, regulations, and design guidelines as appropriate; and,

4) That staff continue to inform and educate staff, developers, consultants and residents on the application of the Streetscape Manual; and,

5) That staff may revise the Streetscape Manual from time to time as necessary; and further,

6) That staff be authorized to do all things necessary to effect this resolution.

CARRIED

20. EMPLOYMENT LANDS STRATEGY (PHASE 1) (10.0)

Report Appendix A Appendix B

Note: Consultants' Report - Appendix B - Town of Markham Employment Lands Strategy (Phase 1) available on-line only.

Ms. Marion Matthias, 33 Colbourne Street, addressed the Committee regarding the Employment Lands Strategy (Phase 1). She asked what the intensification percentages are for the Town of Richmond Hill and the City of Vaughan, and suggested deferring this item to a later date so that the input from the June 22, 2009 Agriculture meeting can be considered.

Staff advised that the intensification percentages established by the Region of York for the Town of Richmond Hill and the City of Vaughan are approximately between 45 – 48% and that the Town of Markham is approximately 52 %. These percentages are required to meet the overall Regional 40% intensification target.

Ms. Valerie Shuttleworth, Director of Planning and Urban Design, delivered a high level overview presentation with respect to the Employment Lands Strategy (Phase 1).

There was discussion regarding the lands outside the current settlement area required to accommodate for future employment and it was suggested to consider the option of going north. The Committee inquired how the Town might ensure that these lands identified for future employment will be maintained for employment uses only. Staff advised that stronger Provincial, Regional and Municipal policies will ensure that. Staff confirmed that the Business Corridor policies have been amended to reduce the amount of permitted retail.

Mr. Tupper Wheatley, Milne Park Conservation Association, addressed the Committee regarding the Employment Lands Strategy stating some concerns. He inquired if this strategy will affect the natural heritage network? Mr. Wheatley believes that current stormwater management ponds in urban areas are ineffective and need to be improved. He inquired if this affects the natural heritage network? He also inquired if the current vacant employment lands are considered?

Staff advised that the small stream study does advance techniques to protect the minor water courses that allow more on-site absorption and to minimize the need for the traditional stormwater solutions.

There was discussion regarding the need for further public input and more fulsome discussion before endorsing this study. The Committee suggested that a Workshop be coordinated and the possibility of a tour.

Moved by Councillor V. Burke

Seconded by Councillor J. Virgilio

That the Employment Lands Strategy (Phase 1) study be deferred to a September 2009 Development Services Committee meeting.

CARRIED

21. ENVIRONMENTAL POLICY REVIEW AND
CONSOLIDATION STUDY
FINAL REPORT AND RECOMMENDATIONS (5.7)

Report Maps Appendix A Appendix B Appendix C

Note: Consultants' Report - Appendix C - Environmental Policy Review and Consolidation Study Final Report available on-line only.

Ms. Lilli Duoba, Senior Project Coordinator, delivered a PowerPoint presentation with respect to the Environmental Policy Review and Consolidation Study.

There was discussion with respect to the correspondence received. Staff advised that the existing uses will continue to be permitted and that this study is not suggesting at this time that any lands will be acquired. The Committee requested that staff respond to the questions raised in Mr. Jim Robb's written submission.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the correspondence from Mr. Stephen Wong, President, The Mandarin Golf and Country Club, Mr. Allan Leibel, Goodmans and Mr. Jim Robb, be received.

CARRIED

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

1) That the staff report entitled Environmental Policy Review and Consolidation Study Final Report and Recommendations, dated June 16, 2009 be received; and,

2) That the Environmental Policy Review and Consolidation Final Report and Policy Framework be endorsed in principle as the basis and framework for finalizing the Greenway System and policy directions to be included in the Town’s Growth Management Strategy for implementation through the Town’s new Official Plan Review; and,

3) That Staff continue to work with stakeholders to confirm natural heritage and hydrologic features through the Official Plan Review including potential site visits where warranted, subject to the costs for any necessary participation of the Town’s consultants for this level of detailed site specific review to be the responsibility of the landowner; and further,

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

CARRIED

22. APPLICATIONS BY TIMES GROUP CORPORATION
FOR ZONING BY-LAW AMENDMENT TO PERMIT
744 APARTMENT UNITS AND 48 TOWNHOUSE UNITS
(TOTAL 792 UNITS) AND SITE PLAN APPROVAL FOR
432 APARTMENT UNITS AND 24 TOWNHOUSE UNITS
(TOTAL 456 UNITS – PHASE 1) ON BLOCKS 49 AND 50 PLAN 65M-3226
IN THE LEITCHCROFT COMMUNITY
(ZA 08 129082 AND SC 07127148) (10.5, 10.6)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

1) That the report dated June 16, 2009, entitled: “Recommendation Report: Applications by Times Group Corporation for Zoning By-law Amendment to permit 744 apartment units and 48 townhouse units (total 792 units) and Site Plan Approval for 432 apartment units and 24 Townhouse units (total 456 units – Phase 1) on part of Block 49 and Block 50 Plan 65M-3226 in the Leitchcroft Community (Files ZA 08 129082 and SC 07127148)” be received; and,

2) That Zoning By-law Amendment application (ZA 08 116428) to amend By-law 177-96, as amended, submitted by Times Group Corporation to permit 744 apartment units and 48 townhouse units (total 792 units) on part of Block 49 and Block 50 Plan 65M-3226, be approved and the draft Zoning By-law Amendment attached as Appendix B to this report be finalized and enacted; and,

3) That the application for site plan approval submitted by Times Group Corporation (file SC 07 127148) to permit 432 apartment units and 24 townhouse units (total 456 units – Phase 1) on part of Block 49 Plan 65M-3226 in the Leitchcroft Community be endorsed in principle, subject to the conditions set out in Appendix A, amended as follows attached to this report; and,

· That consideration be made with respect to the bird friendly guidelines (FLAP)

4) That the Owner agrees not to commence site servicing or construction activity during the nesting season of the Killdeer bird species which currently occupies the site, and to seek the input of Toronto Wildlife Centre and Toronto and Region Conservation Authority in determining the timing of the nesting season and any other appropriate mitigation measures; and,

5) That the owner enter into an agreement not to pre-sell dwelling units in the Phase II portion of the development, until servicing allocation has been granted to this phase; and,

6) 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 has signed the site plan; and,

7) That Part 5 of the draft reference plan attached as Appendix ‘C’ to this report be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council Meeting on June 23, 2009; and,

8) That a by-law be enacted at a future Council meeting authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents for the completion of the above conveyances in a form satisfactory to the Chief Administrative Officer and the Town Solicitor; and further,

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

CARRIED

23. AMBER PLAIN INVESTMENT LTD.
EAST OF MCCOWAN ROAD,
ORTH AND SOUTH OF BUR OAK AVENUE
WISMER COMMONS COMMUNITY
APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
APPROVAL AND IMPLEMENTING ZONING BY-LAW AMENDMENTS
(SU 02 110218 (19TM-02003 – PHASE 4) AND ZA 08 115916) (10.7, 10.5)

Report Attachment

Moved by Councillor C. Moretti

Seconded by Councillor A. Chiu

1) That the report entitled “Recommendation Report, Amber Plain Investment Ltd., East of McCowan Road, north and south of Bur Oak Avenue, Wismer Commons Community, Applications for Draft Plan of Subdivision Approval and Implementing Zoning By-law Amendments, SU 02 110218 (19TM-02003 – Phase 4) and ZA 08 115916”, dated June 16, 2009 be received; and,

2) That draft plan of subdivision 19TM-02003 - Phase 4 submitted by Amber Plain Investments Ltd., be draft approved subject to the conditions outlined in Appendix ‘A’; and,

3) That the application submitted by Amber Plain Investments 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 126 units (424 pop.) be granted to plan of subdivision 19TM-02003 - Phase 4A from the total allocation for the Wismer Commons Community, assigned in accordance with the February 12, 2008 and May 19, 2009 staff reports 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-02003 (Phase 4A - 126 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 4A 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-02003 (Phase 4B - 245 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 4B 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 245 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

24. APPLICATION FOR ZONING BY-LAW AMENDMENT
AND DRAFT PLAN OF SUBDIVISION APPROVAL
FOR 210 SINGLE DETACHED LOTS
10519 AND 10521 WOODBINE AVENUE
CATHEDRAL COMMUNITY
EMK CONSTRUCTION LTD. AND
TREELAWN CONSTRUCTION LTD.
(SU.06-108473 & ZA.06-108487) (10.5, 10.7)

Report Attachment

Moved by Councillor D. Horchik

Seconded by Councillor A. Chiu

1) That the report dated June 16, 2009, entitled “Recommendation Report: Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval for 210 single detached lots, 10519 and 10521 Woodbine Avenue - Cathedral Community - EMK Construction Ltd. and Treelawn Construction Ltd., SU.06-108473 & ZA.06-108487” be received; and,

2) That Draft Plan of Subdivision 19TM-06007 prepared by Matson, M^CConnell Ltd., dated and revised March 17, 2008, be approved subject to conditions of draft plan approval set out in Appendix ‘A’ to this report; and,

3) That the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, attached to this report (Appendices B and C) be finalized and enacted once the No Presale agreements are executed between the owners and the Town; and,

4) That servicing allocation for 120 units (403.2 pop.) be granted to plan of subdivision 19TM-06007 from the total allocation for the Cathedral Community, assigned in accordance with the May 19, 2009 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-06007 (Phase I, 120 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 I 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-06007 (Phase II, 102 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 II lands until:

a. 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 Cathedral East Landowners Group Cost Sharing Agreement has assigned 102 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 Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law; and,

10) That the draft plan approval for plan of subdivision 19TM-06007 will lapse after a period of three years commencing on the date of issuance of draft plan approval, in the event that a subdivision agreement is not executed within that period; and further,

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

CARRIED

25. 2009 MARKHAM SMALL BUSINESS
ENTERPRISE CENTRE MARKETING PLAN (10.16)

Report

Moved by Regional Councillor J. Jones

Seconded by Councillor L. Kanapathi

1) That the report entitled "Markham Small Business Enterprise Centre Marketing Plan" be received and endorsed; and,

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

CARRIED

26. MILNE DAM CONSERVATION AREA
- MULTI-USE PATHWAY (6.3)

Report Att A Att B Att C Att D Att E Att F

Mr. Alan Brown, Director of Engineering, provided the Committee with a brief overview of the recommendations outlined in the above report.

There was brief discussion regarding the existing bridge and if sidewalks were installed on Drakefield Road and Willowgate Drive whether they would be maintained through the winter months.

Mr. Tupper Wheatley, Milne Park Conservation Association, addressed the Committee with respect to the proposed multi-use pathway in the Milne Dam Conservation area stating some concerns. His concerns were: not exceeding a width of 3 metres for the pathway; limit the amount of crushed limestone used; no need for sidewalks on Willowgate Drive and Drakefield Road. Mr. Wheatley suggested having as much boardwalk as possible in Section E. He also suggested using some of the funding for a bicycle path along Highway 7 between McCowan Road and Highway 48.

Ms. Maureen Cowan, 9 Lakevista Avenue, addressed the Committee regarding the proposed multi-use pathway in the Milne Dam Conservation area stating concerns. Ms. Cowan believes there is no need to top dress the current pathways and is not in support of having sidewalks installed on Drakefield Road and Willowgate Drive. She would like to know how many people are expected to use this proposed pathway.

Mr. Ted Spence, 150 Ramona Blvd., addressed the Committee with respect to the proposed multi-use pathway in the Milne Dam Conservation area and spoke in support. He believes this pathway is an essential part of an entire valleyland trail and an in park route should be pursued.

Staff advised that this proposed multi-use trail is part of an overall Town-wide system. An overall Master Plan has been prepared with public and committee input. There is no data regarding the amount of people expected to use it. Staff also advised that the top dressing of limestone to repair the existing trail and make it safer for users is a minimal amount of work. Staff clarified that the funds are dedicated to the pathway only and that a bicycle lane along Highway 7 is not part of the funding and would be pursued when the Region installs a dedicated transit corridor.

Councillor Carolina Moretti thanked the members of the Working Group, staff and the consultants for all their work. She also thanked Mr. & Mrs. Tang and Mr. Wheatley for their assistance in the various site visits. She introduced some suggested amendments to the recommendations.

The Committee discussed the following issues and/or concerns related to the proposed multi-use pathway in the Milne Dam Conservation area:

• Need for a connectivity route from Milne Lane to Toogood Pond
• Need for site specific signage
• Need further TRCA input for in-park Section E & F
• Limestone vs surface grass
• Need to determine both east and west connectivity
• Park Boundaries
• Fencing issues around Banfield
• Width of the pathway
• Boardwalk issues
• Bridges (existing and new)

Moved by Mayor F. Scarpitti

Seconded by Councillor D. Horchik

1) That the staff report entitled “Milne Dam Conservation Area – Multi-use Pathway, dated June 16, 2009, be received; and,

2) That the multi-use pathway alignment from McCowan Road to Milne Lane in the staff report dated June 16, 2009 be amended as follows and endorsed with further review of an in park solution between sections D and G by staff in consultation with the Toronto and Region Conservation Authority (TRCA) and that the proposed bridge noted in attachment B be eliminated as an option,

· Section A – The existing pathway from McCowan Road to the works yard parking area is to be 3.0 M width except where special circumstances exist and be top dressed as required with limestone screenings.

· Section B - From the works yard parking area to the existing pathway to the east of this section, a new limestone screened pathway be constructed to a width of 3 M except where special circumstances exist.

· Section C - The existing limestone screened pathway to be maintained to a maximum 3 M width and that the pathway be graded and top dressed with limestone screenings as required.

· Section D – From the existing pedestrian and cycling bridge located at the east end of the parking area through the gate at the Milne Creek location a new 3.0M wide limestone screened pathway be constructed.

· Section E - *deferred to permit further review of an in park solution between sections D and G by staff in consultation with the Toronto and Region Conservation Authority (TRCA) and that the proposed bridge noted in attachment B be eliminated as an option.

*Note: If Section E section proceeds with an on road option, Development Services Committee agreed that the following requirements be included:

- That the pathway in the area between the opening in the fence, north to Drakefield Road, be a combination of crushed limestone and an elevated boardwalk (to the maximum extent possible) in a width appropriate to the surface type; and,

a) That the boardwalk include railings; and,

b) That the opening in the fence be widened appropriately to the width of the path or the fence be eliminate; and,

c) That the degraded area of the existing pathway between the opening in the fence, north to Drakefield Road, be re-naturalized; and,

d) That the location of the existing bridge, between the opening in the fence, north to Drakefield Road, be re-positioned to the east of its existing position.

· Section F - deferred to permit further review of an in park solution between sections D and G by staff in consultation with the Toronto and Region Conservation Authority (TRCA) and that the proposed bridge noted in attachment B be eliminated as an option.

· Section G - A 3 metre wide pathway of crushed limestone to be constructed in the area between Willowgate Drive and the foot of Milne Lane, as consistent with the rest of the pathway, with the exception of areas that would have to be narrowed to accommodate natural features.

· Section H - Endorsement of on-road cycling route. This section is to be studied in 2009/2010 as part of a separate design and approval project from Main St. Markham to Box Grove; and,

3) That staff consult with the TRCA regarding the final design for the McCowan Road to Milne Lane alignment particularly Sections E and F and report back to both Milne Working Group and Development Services Committee in Fall of 2009 with an update; and,

4) That the purchase orders for the design consultants (Chisholm, Fleming and Wardrop) be increased, in accordance with the Expenditure Control Policy, for additional work related to the design of the multi-use pathway; and,

5) That the increased purchase orders for design consultants be funded from Engineering Capital Account 083-5350-8114-005; and,

6) That sight specific signage be installed at the entrances of Milne Park and along the pathway; and,

7) That the Region of York be requested to construct a separate cycling and pedestrian facility in the boulevard along Highway 7 between McCowan Road and Markham Main Street – Attachment F to the staff report dated June 16, 2009 – Purple Line; and,

8) That options be explored to link the multi-use pathway to the east and west; and further,

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

CARRIED

**Note** Council at its June 23, 2009 meeting added the following to the above resolution:

Moved by Deputy Mayor J. Heath

Seconded by Councillor C. Moretti

That the Town expand the signed on road cycling route using the residential road network between Milne Park and Highway 7 – Attachment F to the staff report dated June 16, 2009 – Yellow line

CARRIED

MOTION AS AMENDED DEFERRED TO A SPECIAL EVENING MEETING OF DEVELOPMENT SERVICES COMMITTEE

Moved by Councillor C. Moretti

Seconded by Regional Councillor G. Landon

That the proposed motion containing Clauses 1) to 10), as amended, regarding Milne Dam Conservation Area Multi-Use Pathway be deferred to a special evening meeting of Development Services Committee.

CARRIED

27. PROPOSED ALL WAY STOP CONTROL
AT THE INTERSECTIONS OF
CARLTON ROAD AND MCKAY CRESCENT (5.12.3)

Report Attachment

Staff advised that four members of the Working Group had submitted e-mails this morning not supporting the staff recommendations. Staff suggested deferring this item to the June 23, 2009 Development Services Committee meeting to allow an opportunity to further discuss the issues and/or concerns raised with the Ward Councillor and Working Group members.

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That the correspondence from Mr. Ian Munro be received.

CARRIED

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

That the Proposed All Way Stop Control at the intersections of Carlton Road and McKay Cresent be deferred to the June 23, 2009 Development Services Committee meeting.

CARRIED

NEW BUSINESS

28. FEDERAL – PROVINCIAL – MUNICIPAL FUNDING
ANNOUNCEMENT FROM JUNE 12, 2009 (7.0, 13.0)

Deputy Mayor Jack Heath requested that a brief summary be forwarded to the General Committee meeting on June 22, 2009 or the Council meeting on June 23, 2009 regarding the two items approved by the Federal Government.

29. IN-CAMERA MATTER (8.0, 6.3)

Moved by Councillor C. Moretti

Seconded by Councillor A. Chiu

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

(1:56 PM):

1) Litigation or Potential Litigation - Berczy Village and Greensborough Communities, Parks and Landscape Features - Minutes of Settlement

CARRIED

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

That the Committee rise from the in-camera session (12:59 PM)

CARRIED

30. TIMES GROUP INC.
(FORMER LONSMOUNT LANDS)
SOUTH SIDE OF HIGHWAY 7,
EAST OF WARDEN AVENUE
(SU 07 133313 AND ZA 07 133350) (10.7, 10.5)

Report Attachment

Mr. Philip Ling, Markham Centre Advisory Committee, addressed the Committee regarding the Times Group Inc. applications for the area located at the south side of Highway 7 and East of Warden Avenue stating that the Advisory members have a number of concerns with the applications. Those concerns are outlined in the letter submitted. The Advisory members are requesting that the applications be referred back to staff.

There was discussion regarding some of the challenges such as traffic, proper balance between employment and residential and assurance that the proposals are in keeping with the ‘big vision’ for Markham Centre.

Moved by Mayor F. Scarpitti

Seconded by Councillor J. Virgilio

That the correspondence from Mr. Philip Ling, Markham Centre Co-chair, be received.

CARRIED

ADJOURNMENT

The Development Services Committee meeting adjourned at 2:00 PM.