JUNE
23, 2009 - 9:00 a.m. - 2:30 p.m.
MINUTES
DEVELOPMENT SERVICES COMMITTEE
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 A and PART B
Presentations, Major Studies, Issues and Report Agenda
9:00 a.m. – Canada Room
Attendance
|
Mayor F. Scarpitti Deputy Mayor J. Heath Regional Councillor J. Jones Regional Councillor G. Landon Councillor V. Burke Councillor E. Shapero Councillor J. Virgilio 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 A. Brown, Director of Engineering S. Chait, Director, Economic Development D. Cheng, Senior Planner M. Boyce, Senior Project Coordinator, Policy and Special Projects C. Conrad, Town Solicitor R. Hutcheson, Manager, Heritage Planning B. Karumanchery, Senior Development Manager V. Shuttleworth, Director of Planning and Urban Design A. Tari, Committee Clerk |
The Development Services
Committee convened at
D. Horchik in the Chair at
DISCLOSURE OF PECUNIARY INTEREST
None disclosed.
Staff provided an introductory presentation regarding
the proposal for
Mr. Tony Baldassarra, A. Baldassarra Architect Inc.,
delivered a PowerPoint presentation regarding the Wismer Commons Commercial
Developments at
The Committee suggested that a sidewalk be extended between the two proposed buildings. The Ward Councillor thanked staff and the architect for all their work to bring this proposal forward.
There was brief discussion regarding the possibility of incorporating residential units on top of the proposed commercial buildings.
Moved by Councillor C. Moretti
Seconded by Councillor V. Burke
That the presentation provided by Ms. Doris Cheng, Senior Planner and Mr. Tony Baldassarra, Principal, A. Baldassarra Architect Inc. regarding the Wismer Commons Commercial Developments at 9650 Markham Road be received.
CARRIED
Staff
Presentation Consultants'
Presentation
Staff provided brief opening comments with respect to
the proposed site plan for
Mr. Douglas Birkenshaw, B + H Architects delivered a
PowerPoint presentation regarding the
Moved by Councillor D. Horchik
Seconded by Councillor C. Moretti
That the presentation provided by Ms. Doris Cheng,
Senior Planner and Mr. Douglas Birkenshaw, B + H Architects regarding the
Markham Stouffville Hospital Health Sciences Building be received.
CARRIED
Mr. Mark Sterling, Sweeny Sterling Finlayson & Co., delivered a PowerPoint presentation regarding the status of the Highway 7 Precinct Plan Study. He advised the Committee that a draft copy of the Highway 7 Precinct Plan has been submitted to staff for their review and comments.
There was discussion regarding the Markham Centre Secondary Plan (OPA No. 21) and the Secondary Plan (OPA No. 15) for the lands on the north side of Highway 7. Staff advised that Markham Centre as a whole will have additional density above what was originally proposed in OPA 21 but the original vision of a human scale/pedestrian friendly (building heights of 6 – 8 storeys) community, with additional height in the appropriate locations, will be maintained. Staff also advised that the lands on the north side of Highway 7 are not being considered for intensification.
There was brief discussion regarding the commercial
development at the north east corner of
Mr. Harry Eaglesham,
Moved by Councillor E. Shaper
Seconded by Councillor A. Chiu
That the correspondence from Jim Kirk, Malone Given Parsons Ltd., be received.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That the presentation provided by Mr. Mark Sterling, Sweeny Sterling Finlayson & Co Architects Inc. regarding the Highway 7 Precinct Plan Study be received.
CARRIED
Mr. Regan Hutcheson, Manager, Heritage Planning,
provided the Committee with some opening comments regarding the proposal for
Mr. John Beresford, Architect, delivered a PowerPoint
presentation with respect to the proposal for a major retail and residential
redevelopment at
There was brief discussion regarding one of the current retail tenants (DREAMS).
The Committee complimented staff and the architect for
their work in creating an exceptional proposal that will be an excellent
addition to
Moved by Councillor C. Moretti
Seconded by Regional Councillor J. Jones
That the presentation provided by Heritage Section staff and Mr. Morris Kansun, President, Sierra Building Group regarding the Site Plan Control Application Concept Review - 58-72 Main Street North, Markham Village be received.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That the minutes of the Development Services Committee meeting, Part A, held May 26, 2009, be confirmed.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
1) That the report dated June
23, 2009 to Development Services Committee, entitled “
2) That Council approve the
request by Angus Glen Development Ltd., to finance the cost of design, construction,
and contract administration of the parks identified as Plan 1, Block 139
(0.5318 ha / 1.314 ac) in draft plan of subdivision 65M-4085 and Plan 2, Block
47 (0.5648 ha / 1.395 ac), Block 48 (0.0408 ha / 0.10 ac), Block 49 (0.0777 ha
/ 0.1919 ac), Block 50 (0.0383 ha / 0.0946 ac) and Block 51 (0.4030 ha / 0.9957
ac) in draft plan of subdivision 65M-4086, subject to the following conditions:
A. That Angus Glen Development
Ltd., finance the cost of the
design, construction, and contract administration of these parks to a minimum
value of $165,000.00 per acre based on 1.656 ha / 4.092 acres of parks which
totals approximately $675,180.00 inclusive of all applicable taxes but
exclusive of GST;
B. That, subject to compliance with
these terms and conditions, the Town of Markham reimburse Angus Glen
Development Ltd., up to a
maximum of $675,180.00, plus GST, towards this project from development charges
for park development under the understanding that Angus Glen Development
Ltd., may contribute
additional funds above this amount which will not be reimbursable by the Town,
towards the development of these parks;
C. That subsequent to collection of
sufficient Development Charges for park development at the building permit
stage for residential lots within the Angus Glen West Village, the Town shall
reimburse Angus Glen Development Ltd., for invoices paid for approved costs associated
with the design, construction, and contract administration, for park
development. No interest on such invoices shall be payable by the Town.
Reimbursement terms are as follows:
a. Angus Glen Development Ltd. may only
invoice the Town for 80% of approved costs provided that:
i.
at least 45 days from the date of publication of Substantial Performance
has transpired;
ii.
proof of publication has been submitted with the invoice;
iii.
no liens have been registered in regard to this contract;
iv.
the constructed work has reached Total Completion to the Town’s
satisfaction after which the two year warranty period shall begin;
v.
the landscape architect has issued to the Town a Total Completion
certificate.
b. the remaining 20% of Town approved
costs shall be retained by the Town for a minimum of two years from Total
Completion and shall be paid to the Developer upon the Developer invoicing the
Town for the remaining 20%, provided the following has occurred in the order
listed here:
i.
two years has passed from the date of Total Completion;
ii.
that the two year warranty inspection has occurred with the Town;
iii.
that all noted deficiencies at the two year warranty inspection have
been completed to the Town’s satisfaction to the point of total performance;
iv.
that Final Acceptance has been granted by the Town;
v.
that the landscape architect has issued a certificate certifying the
warranty period has expired and further that noted deficiencies have been
completed in general conformance to the plans and specifications;
vi.
that any liens registered in regard to the contract have been released
and/or paid by the Developer;
vii.
and further, that the two year maintenance obligations had been
performed during the warranty period, failing which, the Town shall use the
remaining funds at its sole discretion to compensate for the unfulfilled
obligations.
c. or alternatively, Angus Glen Development Ltd. may invoice the Town for 100% of
approved costs two years after the date of Total Completion provided items b, i
through vii, as listed above, have occurred to the Town’s satisfaction.
D. That Owners/Developers within the Angus Glen West Village Community,
including Angus Glen Development Ltd., not receive any credit towards park development
charges and continue to pay the park development charge at the building permit
stage for all present and future development phases of subdivisions within the
Angus Glen Community;
E. That Angus Glen Development Ltd. hire a landscape architect who is a Full
Member of the OALA having custody and use of the Association seal, approved by
the Town, to provide professional design, contract document, and contract
administration services, to the satisfaction of the Town as outlined in
Schedule A;
F. That Angus Glen Development
Ltd. follow the Town’s
standard Park and Open Space approval process which includes development of
several design concepts, holding community input meetings, presentation to
selected Standing and Advisory Committees as applicable, as well as review and
approval by the
G. That Angus Glen Development
Ltd. tender out the
construction of the park works to a minimum of three bidders to the satisfaction
of the Town including providing the Town with a copy of all bids submitted
within 24 hours of tender close. The successful bidder will be responsible to
construct and maintain the park in from the time park construction is begun
until Final Acceptance by the Town;
H. That, notwithstanding the
requirement noted above in Condition (G), Angus Glen Development Ltd. shall tender and award a
maintenance contract for the park to Town standards. The maintenance contract for the park must be
tendered and awarded at the same time as the construction contract and cover a
minimum period of 2 years detailed maintenance as outlined in Appendix ‘C’
(“Developer Obligations: Two Year Maintenance Activities”) to the Town’s
satisfaction and that maintenance of the park shall continue until Final
Acceptance of the park. Costs for the 2
year (minimum) maintenance contract are the responsibility of Angus Glen
Development Ltd. The Town will
not reimburse Angus Glen Development Ltd. for costs associated with this additional
maintenance obligation for the park;
I.
That these parks be included in the Urban
3) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Ward Councillor advised that the park being proposed here is very small and in consultation with staff it is agreed that there is no need for the public consultation process.
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
1) That the report dated June
23, 2009 to Development Services Committee, entitled “
2) That Council approve the
request by Kylemore Communities to finance the cost of design, construction, and contract
administration of a park identified as Block 43 (0.1165 ha / 0.287 ac) in draft
plan of subdivision 65M-4065, subject to the following conditions:
A. That Kylemore
Communities, finance
the cost of the design, construction, and contract administration of this park
to a minimum value of $165,000.00 per acre based on 0.1165 ha / 0.287 acres of
parks which totals approximately $47,355.00 inclusive of all applicable taxes
but exclusive of GST;
B. That, subject to compliance
with these terms and conditions, the Town of Markham reimburse Kylemore Communities, up to a maximum of $47,355.00, plus GST,
towards this project from development charges for park development under the
understanding that Kylemore Communities may contribute additional funds above this
amount which will not be reimbursable by the Town, towards the development of
this park;
C. That subsequent to collection
of sufficient Development Charges for park development at the building permit
stage for residential lots within the Yorkton Subdivision, the Town shall
reimburse Kylemore Communities, for invoices paid for approved costs associated with the design,
construction, and contract administration, for park development. No interest on
such invoices shall be payable by the Town. Reimbursement terms are as follows:
a. Kylemore Communities may only invoice the Town for 80% of approved
costs provided that:
i. at least 45 days from the
date of publication of Substantial Performance has transpired;
ii. proof of publication has
been submitted with the invoice;
iii. no liens have been
registered in regard to this contract;
iv. the constructed work has
reached Total Completion to the Town’s satisfaction after which the two year
warranty period shall begin;
v. the landscape architect has
issued to the Town a Total Completion certificate.
b. the remaining 20% of Town
approved costs shall be retained by the Town for a minimum of two years from
Total Completion and shall be paid to the Developer upon the Developer
invoicing the Town for the remaining 20%, provided the following has occurred
in the order listed here:
i. two years has passed from the
date of Total Completion;
ii. that the two year warranty
inspection has occurred with the Town;
iii. that all noted deficiencies
at the two year warranty inspection have been completed to the Town’s
satisfaction to the point of total performance;
iv. that Final Acceptance has
been granted by the Town;
v. that the landscape architect
has issued a certificate certifying the warranty period has expired and further
that noted deficiencies have been completed in general conformance to the plans
and specifications;
vi. that any liens registered in
regard to the contract have been released and/or paid by the Developer;
vii. and further, that the two
year maintenance obligations had been performed during the warranty period,
failing which, the Town shall use the remaining funds at its sole discretion to
compensate for the unfulfilled obligations.
c. or
alternatively, Kylemore Communities may invoice the Town for 100% of approved
costs two years after the date of Total Completion provided items b, i through
vii, as listed above, have occurred to the Town’s satisfaction.
D. That Owners/Developers within
the Kylemore Subdivision, including Kylemore Communities not receive any credit towards park
development charges and continue to pay the park development charge at the
building permit stage for all present and future development phases of this
subdivision;
E. That Kylemore
Communities hire a
landscape architect who is a Full Member of the OALA having custody and use of
the Association seal, approved by the Town, to provide professional design,
contract document, and contract administration services, to the satisfaction of
the Town as outlined in Appendix ‘B’;
F. That
Kylemore Communities submit several design concepts for review by Planning and
Urban Design staff; and, that staff be authorized to give final approval on
same; and,
G. That Kylemore
Communities tender out
the construction of the park works to a minimum of three bidders to the
satisfaction of the Town including providing the Town with a copy of all bids
submitted within 24 hours of tender close. The successful bidder will be
responsible to construct and maintain the park from the time park construction
is begun until Final Acceptance by the Town;
H. That, notwithstanding the
requirement noted above in Condition (G), Kylemore Communities shall tender and award a maintenance
contract for the park to Town standards.
The maintenance contract for the park must be tendered and awarded at
the same time as the construction contract and cover a minimum period of 2
years detailed maintenance as outlined in Appendix ‘C’ (“Developer Obligations:
Two Year Maintenance Activities”) to the Town’s satisfaction and that
maintenance of the park shall continue until Final Acceptance of the park. Costs for the 2 year (minimum) maintenance
contract are the responsibility of Kylemore Communities. The Town will not reimburse Kylemore
Communities for costs
associated with this additional maintenance obligation for the park;
I. That these parks be included
in the Urban
3) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
The Committee discussed whether there is a need to officially appoint a member or members of Council to the Markham Centre Advisory Group.
Moved by Councillor D. Horchik
Seconded by Councillor J. Virgilio
1) That the report dated June 23, 2009 and titled Markham Centre Advisory – Up-dated Terms of Reference be received; and,
2) That Council endorse the up-dated Terms of Reference for the Markham Centre Advisory; and,
3) That Council endorse the current composition and membership of the Markham Centre Advisory; and,
4) That Council reserve space on the Advisory for two future members representing Markham Centre residents; and further,
5) That Staff be authorized and directed to do all things
necessary to give effect to this resolution and report
back whether a member or members of Council should be appointed to the Markham
Centre Advisory Committee.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
1) That the report to Development Services Committee dated June 23, 2009 entitled “York Region, 16th Avenue Trunk Sewer, Phase 2, Environmental Improvements in the Town of Markham” be received; and,
2) That for the Tannery Pond project, staff be authorized to negotiate the terms of a Funding Agreement with The Regional Municipality of York under which the Region will contribute a maximum of $185,000 and the Town of Markham will contribute $30,000. Total project cost is $215,000 (excluding GST and Town internal management fees); and,
3) That for the Tannery Pond project, funding in the amount of $30,000 (excluding GST) for landscape architectural consulting services, be from Account 25-2100022, Tannery Pond (Ph 2) in the amount of $27,334 and from Account 59-5350-2525-005, Pathways, in the amount of $2,666; and,
4) That the tendering process be waived in accordance with
5) That for the Aitken Circle Pond and the Thermal Cooling projects, staff be authorized to negotiate the terms of a Funding Agreement with The Regional Municipality of York under which the Region will contribute $307,500 and the Town of Markham will contribute $241,000; and,
6) That for the Aitken Circle Pond and the Thermal Cooling projects, funding in the amount of $241,000 (excluding GST), plus internal management fees be funded from Project 9295, Account 640-1015699-9295, Aitken Circle SWM Pond Retrofit; and,
7) That staff be authorized to finalize with the Region the project management and collection of internal management fees for the Tannery Pond project, and for the Aitken Circle Pond/Thermal Cooling project; and,
8) That the Mayor and Clerk be authorized to execute Funding Agreements for the Tannery Pond, Aitken Circle Pond and the Thermal Cooling projects and any other documents to give effect thereto, in a form and content satisfactory to the Town Solicitor and the Chief Administrative Officer; and further,
9) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
1) That the report entitled “Proposed All Way
Stop Control at
2) That Schedule 12 of By-law 106-71 for all-way stop control be
amended to include the intersections of Highglen Avenue and Brando Avenue; and,
3) That the
4) That the
5) That York Regional Police be requested to enforce the all-way stop control upon installation of these signs and passing of the By-law; and further,
6) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
Staff further explained the request in the correspondence related to towers under 15 metres in height. The Committee suggested that a letter be sent to Mr. D’Agostino stating the Town’s position.
There was brief discussion regarding cell towers being installed on Town property.
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
That the correspondence from Mr. Stephen J. D’Agostino, Thomson Rogers, be received.
CARRIED
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
1) That the
2) That the Policy entitled “Policy for Establishing Telecommunication Towers, Dated June 2009” attached as Attachment “A” be adopted; and,
3) That the consultation process for Telecommunication Towers be in accordance with the Town’s Site Plan process as outlined in this Policy; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Mr. Peter Maleganovski, Gatzios Planning + Development Consultants Inc.,
addressed the Committee and presented the proposed site plan for the automobile
dealership at
The Committee requested that the applicant consider the following:
There was discussion regarding traffic impact and the loading and unloading of cars at the dealership.
Moved by Regional Councillor J. Jones
Seconded by Councillor A. Chiu
1) That the staff report entitled “Dougson Investments Inc. (Village Nissan); 25 South Unionville Avenue (south side of future South Unionville Avenue, east of Kennedy Road); Application for site plan approval for an automobile dealership,” be received; and,
2) That
the application be endorsed, in principle; and,
3) That
site plan approval be delegated to the Director of Planning 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 “approved”), when the
following conditions have been met:
· The Owner has entered into a site plan agreement with the Town containing all standard and special provisions and requirements of the Town and public agencies and the provisions outlined in Appendix ‘A’ to the June 23, 2009 staff report.
· The trustee for the South Unionville Landowners Group has advised the Town in writing that the Owner is in good standing with the Group.
· The holding provision has been removed from the zoning of the subject lands in accordance with the provisions of By-law 2008-202; and further,
4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Mr. Murray Boyce, Senior Project Coordinator, Policy and Special Projects, delivered a PowerPoint presentation providing an overview of the consultant’s findings with respect to the Town’s housing stock.
There was discussion regarding the proposed intensification target of 55-60 %.
The Committee discussed ground related family housing. Staff advised that there still will be a range of ground related family housing with the proposed intensification target of 55-60% and that staff are also working on providing apartment dwellings that will accommodate families. The Committee suggested examining the number of units available within the Town that are already exiting on 45 foot frontage or larger lots.
There was brief discussion regarding no boundary expansion. Staff advised that a report to be presented in the Fall will provide more detailed analysis on that issue. The Committee stressed the importance of considering transportation and agricultural lands in relation to any proposed boundary expansion.
Moved by Regional Councillor J. Jones
Seconded by Councillor L. Kanapathi
1) That the report entitled “Toward a Markham
Growth Management Strategy: Housing Stock Analysis”, dated
2) That staff further review
and comment on the consultant recommendations (Appendix A), based on
further information received from a fiscal impact analysis and a further review
of the land budget and housing mix; and
3) That staff report back to the Development Services
Committee in the Fall of 2009; and further,
4) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
Ms. Valerie Shuttleworth, Director of Planning and Urban Design, delivered a PowerPoint presentation regarding the Growth Management Strategy.
There was considerable discussion with respect to re-development of existing employment lands and whether there should be further detailed studies completed. Staff advised that they have looked at re-development of employment lands at a high level and made assumptions accordingly.
The Committee suggested that staff contact
representatives from
Moved by Councillor E. Shapero
Seconded by Councillor J. Virgilio
1) That the
report entitled “Update on Status of Draft Growth Management Strategy”, dated
2) That staff be authorized to establish a Terms of Reference for a study with
respect to the redevelopment of existing employment areas and report back in
September 2009; and,
3) That staff report back in the Fall with the final draft Growth Management Strategy; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
The Committee
congratulated staff and requested that some consideration be made to visit the
south region of
The Committee
suggested having a Member of Council also attend the mission to
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
1) That the report entitled “India Investment Attraction Program” be received; and,
2) That the Town participate in the Pan Indian
Institutes of Technology (
3) That the Town participate in the Greater Toronto Marketing
Alliance (GTMA) mission to India, from October 30th - November 10th,
and be represented by the Economic Development Director (S. Chait), and the
Manager of Special Projects (C. Kakaflikas) and an appointed Member of Council and,
4) That the cost of the India Investment Attraction Program not
exceed $33,000.00 and be expensed
from within the pre-approved 2009 “
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Mr. Alan Brown, Director of Engineering, summarized the details outlined in the above report. He advised the Committee that there has been some negative feedback from some residents.
Mr. Ian Munro, 197 Carlton Road, addressed the Committee regarding the proposed all way stop at Carlton Road and McKay Crescent and spoke in opposition. He is requesting that this proposal be denied.
The Ward Councillor suggested that a Public Information meeting be held to further explain the proposal to all the local residents and obtain feedback from the Community. The Committee requested that staff clearly present the facts related to the installation of stop signs at the Public Information meeting.
Moved by Regional Councillor J. Jones
Seconded by Councillor C. Moretti
That the correspondence and petition submitted by Mr. Ian Munro be received.
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That the proposed all way stop at the intersection
of Carlton Road and McKay Cresent be deferred to September 2009 to allow the
Ward Councillor the opportunity to hold a Public Information meeting.
CARRIED
Report
Attach
A Attach
B Attach
C By-law
Mr. Brown summarized the details in the above report.
The Ward Councillor requested that this item be deferred as well, so that it can be discussed at the Community Information meeting in the Fall of 2009.
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That the
CARRIED
Moved by Councillor C. Moretti
Seconded by Councillor A. Chiu
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
(
1) Solicitor-Client Privilege - Appeal of Land Severance to Ontario Municipal Board
60 Rouge Street, Markham Village
CARRIED
Moved by Mayor F. Scarpitti
Seconded by Regional Councillor J. Jones
That the Committee rise from the in-camera session (
CARRIED
NEW BUSINESS
Councillor Valerie Burke advised the Committee that detour
routes as a result of the
ADJOURNMENT
The Development Services
Committee meeting adjourned at