MINUTES

DEVELOPMENT SERVICES COMMITTEE

2006-10-17

Meeting No. 17

All Members of Council

Development Services Economic Development

Chair: Councillor G. McKelvey Chair: Councillor J. Virgilio

Vice-Chair: Councillor D. Horchik

PART A - 9:00 a.m. - Canada Room

PART B - 11:00 a.m. - Council Chamber

Attendance

Regional Councillor J. Heath (11:00) Regional Councillor J. Jones (9:20) Regional Councillor B. O’Donnell (11:38) Councillor S. Daurio Councillor J. Virgilio (9:35) Councillor J. Webster (9:15) Councillor G. McKelvey Councillor D. Horchik (11:45) Councillor A. Chiu

J. Livey, Chief Administrative Officer J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services R. Blake, Manager, West District A. Brown, Director of Engineering C. Conrad, Town Solicitor S. Chait, Director, Economic Development D. Clark, Town Architect B. Cribbett, Treasurer J. Ferrara, Park Development Coordinator L. Irvine, Manager, Parks and Open Space Planning B. Karumanchery, Manager, East District R. Kendall, Manager, Central District J. Nelson, Manager, Accounting & Expenditure Control A. Pozywiak, Director, Strategic Initiatives V. Shuttleworth, Director of Planning and Urban Design N. Surti, Planner N. Unsworth, Park Development Coordinator M. Visser, Manager of Strategy, Innovation and Investments M. West, Manager, Strategic Initiatives D. Taylor, Manager, Executive Operations K. Bavington, Committee Clerk

The Development Services Committee convened at the hour of 9:30 a.m. in the Canada Room without quorum with Councillor G. McKelvey in the Chair. A quorum was reached at 11:38 a.m.

DISCLOSURE OF INTEREST

Councillor J. Virgilio disclosed an interest with respect to Item # 8, the proposed development by Macwood/Springhill Homes Inc., by nature of representing the owner, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

1. PARKING STRATEGY UPDATE (2.17)

Staff gave a presentation and update on the Parking Strategy, outlining the status and next steps for the implementation initiatives: on-street permit parking; private property paid parking; Town owned and town leased parking lots; on-street paid parking; Markham parking governance model; payment-in-lieu of parking; and Tax Increment Financing (TIFs).

Committee made suggestions with respect to using credit cards at pay-and-display machines; incentives for scooter parking; ensuring fees and cash-in-lieu payments are adequate to cover costs; leasing and control of parking lots and provision of snow-plowing services; and issues relating specifically to Main Street Unionville. Staff was requested to initiate paid parking on McDowell Gate in the near future.

2. PARKS CONSTRUCTION UPDATE (6.3)

Staff gave a presentation on the status of recently completed, current, and upcoming park construction projects. A detailed presentation regarding Markham Centre parks will be provided in the New Year.

3. BOX GROVE, 9^TH LINE RE-ALIGNMENT (5.10)

This item was cancelled, as a presentation had been made at General Committee on October 16, 2006.

4. DEVELOPMENT SERVICES COMMITTEE MINUTES
- October 3, 2006 (10.0)

Minutes

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the minutes of the Development Services Committee meeting held October 3, 2006, be confirmed.

CARRIED

5. MAIN STREET MARKHAM COMMITTEE MINUTES
- September 20, 2006 (16.39)

Minutes

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the minutes of the Main Street Markham Committee meeting held September 20, 2006, be received for information.

CARRIED

6. MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
- September 13, 2006 (16.34)

Minutes

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the minutes of the Markham Public Art Advisory Committee meeting held September 13, 2006, be received for information.

CARRIED

7. REPORT ON INCOMING PLANNING APPLICATIONS
FOR THE PERIOD OF SEPTEMBER 9 TO SEMPTEMBER 22, 2006 (10.0)

Report

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That Committee receive the report entitled “Report on Incoming Planning Applications for the period of September 9, 2006 to September 22, 2006” and direct staff to process the applications in accordance with the route outlined in the report.

CARRIED

8. MACWOOD/SPRINGHILL HOMES INC.
NORTH OF HIGHWAY 7, WEST OF MARKHAM BY-PASS IN
THE CORNELL COMMUNITY, PLAN OF SUBDIVISION AND ZONING
APPLICATIONS (SU 04 028274 (19TM-040016) ZA 04 028028) (10.5, 10.7)

Report Attach

Councillor J. Virgilio disclosed an interest with respect to the proposed development by Macwood/Springhill Homes Inc., by nature of representing the owner, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

Moved by: Councillor J. Webster

Seconded by: Councillor A. Chiu

That the report dated October 17, 2006 entitled “Preliminary Report. Plan of subdivision and zoning amendment applications by Macwood/Springhill Homes Inc to permit residential and mixed-use development north of Highway 7, west of Markham By-Pass in the Cornell Community,” be received;

And that staff be authorized to schedule a Public Meeting to consider the plan of subdivision and zoning amendment applications.

CARRIED

9. TORONTO UNITED CHURCH COUNCIL
6910 AND 6950 HIGHWAY 7 IN THE CORNELL COMMUNITY
TEMPORARY USE BY-LAW TO PERMIT A PLACE OF
WORSHIP (ZA 06 125037) (10.5)

Report Attach

Moved by: Councillor J. Webster

Seconded by: Councillor A. Chiu

That the report dated October 17, 2006 entitled “Preliminary Report. Application for temporary use by-law by the Toronto United Church Council to permit a place of worship at 6910 and 6950 Highway 7 in the Cornell Community” be received;

And that staff be authorized to schedule a Public Meeting to consider the zoning amendment application.

CARRIED

10. ROYAL DAVID REALTY INC., 2300 JOHN STREET
NORTHEAST CORNER OF LESLIE AND JOHN STREETS
WITHIN THE THORNHILL SECONDARY PLAN AREA
ZONING BY-LAW AMENDMENT TO AMEND THE LIST OF
PERMITTED USES (ZA 06 121015) (10.5)

Report Attach

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That a Public Meeting be held to consider the Zoning Amendment application (ZA 06 121015) submitted by Royal David Realty Inc. to amend the list of permitted uses at 2300 John St., located on the northeast corner of Leslie and John Streets, within the Thornhill Secondary Plan Area.

CARRIED

11. EMK CONSTRUCTION LTD. AND
TREELAWN CONSTRUCTION LTD.
10519 AND 10521 WOODBINE AVE., CATHEDRAL COMMUNITY
ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF
SUBDIVISION FOR 157 SINGLE DETACHED LOTS AND
88 STREET TOWNHOUSES (SU 06 108473, ZA 06 108487) (10.5, 10.7)

Report Attach

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That a Public Meeting be held to consider the applications submitted by EMK Construction Ltd. and Treelawn Construction Ltd. for zoning by-law amendment and draft plan of subdivision approval to permit 157 single detached lots and 88 street townhouses at 10519 and 10521 Woodbine Avenue, located east of Woodbine Avenue, south of Elgin Mills Road.

CARRIED

12. WISMER MARKHAM DEVELOPMENT INC.
NORTHWEST OF CASTLEMORE AVENUE AND
KINDY STREET AND SOUTHWEST OF CASTLEMORE AVENUE
AND HAMMERSLY BOULEVARD, WIMER COMMONS COMMUNITY
IMPLEMENTING ZONING BY-LAW AMENDMENTS
ZA 02 113879, SU 02 113757 (19TM-02008) (10.5)

Memo By-laws

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the memorandum dated October 17, 2006 from the Commissioner of Development Services providing an update regarding the proposed zoning by-law amendment and plan of subdivision submitted by Wismer Markham Developments Inc. for properties located at the northwest corner of Castlemore Avenue and Kindy Street and southwest corner of Castlemore Avenue and Hammersly Boulevard, be received;

And that the proposed amendment to Zoning By-laws 304-87, as amended, and 177-96, as amended, be enacted without further notice.

CARRIED

13. HERITAGE EASEMENT AGREEMENTS FOR
TAX REDUCTION PROGRAM FOR HERITAGE PROPERTIES (16.11)

Report Attach

Committee requested staff circulate information to the members regarding the number of agreements.

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

That the Mayor and Clerk be authorized to execute Heritage Easement Agreements with the property owners identified on Schedule “A” attached to the report dated October 17th, 2006, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

CARRIED

14. THORNHILL VILLAGE HERITAGE CONSERVATION
DISTRICT PLAN 2006, PROJECT STATUS (10.8)

Report

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the report entitled “Thornhill Village Heritage Conservation District Plan 2006, Project Status”, dated October 17, 2006, be received as information;

And that a notice be sent to property owners in the District advising of the extended public consultation period.

CARRIED

15. RODICK ROAD SPEED LIMIT REDUCTION (10.0)

Report Attach

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the report entitled “Rodick Road Speed Limit Reduction” dated October 16, 2006, be received;

And that Schedule C (60 km/h) of Speed Limit By-Law 105-71 be amended to delete Rodick Road between Highway 7 and 16^th Avenue;

And that Schedule F (50 km/h) of Speed Limit By-law 105-71 be amended to include Rodick Road between Highway 7 and Woodbine Avenue and that the attached By-law be approved;

And that a 30 km/h warning sign be installed before the start of the curve just south of Whitehall Drive as per the attached signage plan;

And that the Operations and Asset Management Department be directed to install the appropriate signs upon approval of the attached by-law;

And that the York Regional Police Department be requested to enforce the reduced speed limit upon installation of the signs.

CARRIED

16. ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL
SUBDIVISIONS, REGISTERED PLAN #’S 65M-3649, 65M-3054,
65M-3418, 65M-3504, 65M-3632, 65M-3430, 65M-3509 AND 65M-3670 (10.7)

Report

Committee requested key maps showing the property context be included in future reports.

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan #’s 65M-3649, 65M-3054, 65M-3418, 65M-3504, 65M-3632, 65M-3430, 65M-3509 and 65M-3670”, be received;

And that the services in Subdivision, registered Plan Number 65M-3649, 65M-3054, 65M-3418, 65M-3504, 65M-3632, 65M-3430, 65M-3509 and 65M-3670 be accepted for maintenance;

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

And that the Community Services Commission accept the responsibility for operating and maintaining the infrastructure within the Subdivisions as part of the Town’s system;

And that acceptance of the Subdivisions be taken into consideration in future operating budgets;

And that the by-law to amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to the indicated streets, be approved;

And that the by-law to amend Schedule ‘A’ of the Speed By-law # 105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘C’ of the Parking By-law 2005-188, by including no parking on the streets indicated, be approved;

And that the by-law to amend Schedule ‘F’ of the Speed By-law #105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved;

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed.

CARRIED

17. ASSUMPTION OF PLANS OF SUBDIVISION (10.7)

Attach

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

Whereas by Memorandum dated September 27, 2006, the Director of Engineering advised that the guarantee period for Registered Plans 65M-3487, 65M-3515, 65M-2911, 65M-3390, 65R-21791, Parts 1 and 2, 65R-23109, Part 12, 65M-3216, 65R-19927, Part 1, 65M-3251 and 65R-20376, Part 16 have expired and all conditions of their respective subdivision agreements have been complied with;

Now therefore be it resolved that the services in the following subdivisions be assumed:

- Amber Plain Investment Ltd. (Phase 1) 65M-3487

- Amber Plain Investment Ltd. (Phase 2A) 65M-3515

- Cedarland Properties Limited (Armadale East 2) 65M-2911

- Everyvale Holdings Inc. 65M-3390 and 65R-21791, Parts 1 and 2

- Everyvale Holdings Inc. 65R-23109, Part 12

- Mattamy (Unionville) Inc. (Phase 1) 65M-3216 and 65R-19927, Part 1

- Mattamy (Unionville) Inc. (Phase 2) 65M-3251

- 1264463 Ontario Limited (Russell Stover Court) 65R-20376, Part 16

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the subdivision agreements.

CARRIED

18. 2006 THIRD QUARTER UPDATE OF THE STREET NAME
RESERVE LIST (10.14)

Report Attach

Moved by: Councillor A. Chiu

Seconded by: Councillor J. Virgilio

That Development Services Committee receive the updated street name reserve list for the third quarter of 2006, attached as Appendix ‘A’ to the October 17^th, 2006 staff report.

CARRIED

19. TOWN INITIATED OFFICIAL PLAN, SECONDARY PLAN
AND ZONING BY-LAW AMENDMENTS TO IMPLEMENT
THE APPROVED LAND USE AND URBAN DESIGN VISION
FOR THE HIGHWAY 48 CORRIDOR BETWEEN 16^TH AVENUE AND
MAJOR MACKENZIE DRIVE (OP 06 129338, ZA 06 129342) (10.3, 10.5)

Report Attach

Committee directed staff to give a presentation to the Main Street Markham Committee.

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor B. O'Donnell

That staff be directed to prepare Official Plan, Secondary Plan and Zoning By-law amendments (OP 06 129338 and ZA 06 129342) to implement the approved land use and urban design vision for the Highway 48 corridor between 16^th Avenue and Major Mackenzie Drive;

And that the draft documents be circulated to all landowners in the area, for review and comments;

And that a Public Meeting be held to consider these draft amendments;

And that staff provide a presentation to the Main Street Markham Committee.

CARRIED

20. MARKVILLE CHEVROLET CADILLAC, 5336 HIGHWAY NO. 7
SITE PLAN APPROVAL TO PERMIT AN EXPANSION TO THE
EXISTING AUTOMOBILE DEALERSHIP (SC 06 110407) (10.6)

Report Attach

Tarvo Eistrat of R.H. Carter Architects Inc., representing the applicant, Markville Chevrolet Cadillac, displayed site plans and elevations. In response to questions, Mr. Eistrat confirmed that a delivery location is provided at the rear of the building to avoid delivery parking on Highway 7. Display parking will be limited to three specific pads at the front.

Committee directed that the conditions include provisions for the following:

a) Display vehicles that are improperly parked will be towed at the owner’s expense;

b) The site plan to be subject to review of the template for truck turning radii;

c) Illuminated signs facing south on the building tower are prohibited;

d) All lights are to be shielded to restrict illumination beyond the front property boundary.

Mr. Eistrat indicated the applicant would be agreeable to the additional conditions.

Moved by: Regional Councillor J. Heath

Seconded by: Regional Councillor J. Jones

That the site plan application by Markville Chevrolet Cadillac to permit an expansion to the existing automobile dealership at 5336 Highway No. 7 (North side of Highway No. 7, east of McCowan Road), be endorsed in principle, subject to the conditions attached as Appendix “A”, as amended with respect to display vehicles, truck turning radii, illuminated signs, and light shielding.

CARRIED

21. HOME DEPOT HOLDING INC., SOUTHWEST CORNER
OF HIGHWAY NO. 48 AND CASTLEMORE AVENUE
SITE PLAN APPROVAL TO PERMIT A LARGE FORMAT
RETAIL STORE (SC 06 127597) (10.6)

Report Attach

Committee noted design concerns, including the placement of the loading dock adjacent to a major residential road.

Moved by: Councillor J. Webster

Seconded by: Councillor A. Chiu

That the Development Services Commission Report “Home Depot Holdings Inc., Application for Site Plan Approval (SC 06 127597) to permit a large format retail store at the southwest corner of Highway No. 48 and Castlemore Avenue,” be received;

And that staff continue to work with the applicant and the property owner to ensure conformity of the proposal with the Highway 48 Urban Design guidelines.

CARRIED

22. PROCTOR INVESTMENTS LIMITED, 34 PROCTOR AVENUE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO
PERMIT NINE (9) TOWNHOUSE UNITS (OP 04 011140, ZA 04 011135)
(10.3, 10.5)

Report Attach

Staff gave a brief review of the background for this proposal, concerns identified at the Public Meeting, and revisions to the application.

Tom Butkovic, 49 Proctor Avenue, stated his concerns for the 2 metre setback on some of the units, the increased height and building envelope, site servicing for other properties, compatibility with surrounding zoning and uses, parking, and access with respect to cross-traffic patterns. Mr. Butkovic discussed CN’s requirements for the property barrier and provided a document with estimated costs in this regard. Mr. Butkovic considered the public consultation on this matter to be insufficient, and that the concerns of community have not been addressed.

S. Lou Butkovic, 49 Proctor Avenue, representing members of the community, suggested consideration be given to development of the property within the limits of present zoning for single dwelling units, and presented a draft plan for four single dwellings within the approximate footprint of proposed townhouses. Mr. Butkovic discussed aspects of the staff report relating to financial issues and pedestrian-friendly development. Mr. Butkovic requested deferral of this matter for further consideration of single family development.

Margaret Butkovic, representing area residents, expressed concerns regarding parking, traffic congestion, and compatibility with the existing neighbourhood.

Vincenza Principato represented her parents, owners of 36 Proctor Avenue, immediately east of subject site. Ms. Principato had concerns regarding the front yard setback, the building height, and compatibility with the neighbourhood. Ms. Principato noted the impacts on property values and emotional values, and the precedent that may be set for development of other vacant properties nearby.

Murray Evans of Evans Planning, representing the applicant, Proctor Investments Limited, provided a package of site plans and elevations. Mr. Evans agreed with comments that financial considerations are a factor of development. He reviewed the area context and identified the surrounding townhouse project, rail land, and park. Mr. Evans also reviewed zoning provisions and design details, and advised that in an effort to minimize the impacts on the adjacent dwelling and to mitigate the concerns of the residents, the number of units have been reduced from 10 to 9, the front and side yard setbacks exceed the permitted minimums, the height has been reduced, and the safety wall has been reviewed.

Committee discussed the constraints to the subject site, the grade separation for the railway tracks, property values, precedent, and considered a Manor Home approach whereby the townhouses are split into two separate structures. Committee also discussed the time frame and effort that had been taken with public consultation.

Staff consider the proposal will fit into area context as a transition development. In response to comments regarding massing, staff confirmed the width of the proposed structure is 200 feet.

Moved by: Councillor S. Daurio

Seconded by: Councillor J. Webster

That the deputations and documents from Tom Butkovic, S. Lou Butkovic, and Margaret Butkovic, 49 Proctor Avenue, and Vincenza Principato, 36 Proctor Avenue, in opposition to the proposal for Proctor Developments Limited, be received;

And that the deputation and documents from Murray Evans of Evans Planning, representing the applicant, Proctor Investments Limited, be received;

And that the staff report dated October 17, 2006 entitled “RECOMMENDATION REPORT – Application for Official Plan and Zoning By-law Amendment to permit nine (9) townhouse units, Proctor Investments Limited, 34 Proctor Avenue, File Number OPA 04-011140 and ZA 04-011135”, be received;

And that the record of the public meeting held on November 23, 2004, relating to the applications by Proctor Investments Limited for 34 Proctor Avenue (Registered Plan Number 2368, Part of Lots 28, 29 and 30, Concession 1), be received;

And that the Official Plan application (OP 04-011140) submitted by Proctor Investments Limited to permit the development of nine (9) townhouse units with underground parking be approved;

And that the draft Official Plan Amendment attached as Appendix ‘A’ to the staff report dated October 17, 2006, be finalized and adopted;

And that the application submitted by Proctor Investments Limited to amend Zoning By-law 2237, as amended (ZA 04-011135), be approved and the draft by-law (including Hold provisions) attached as Appendix ‘B’ to the staff report dated October 17, 2006, be enacted;

And that Proctor Investments Limited be granted a servicing allocation for a projected population of 25.4 people (9 townhouse units). Such allocation to be from the Town Reserve, in accordance with the June 20, 2006 report on servicing allocation;

And that the Town reserves the right to revoke or reallocate the servicing allocation for this development should it not proceed in a timely manner;

And that the Region of York be advised of the servicing allocation for this development.

CARRIED

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IN CAMERA

23. PROPERTY AND DEVELOPMENT CHARGE MATTERS (10.0, 7.11)

Moved by: Councillor S. Daurio

Seconded by: Councillor J. Webster

That the Development Services Committee recess in-camera at 1:10 p.m. to discuss property and Development Charge matters.

CARRIED

Moved by: Councillor A. Chiu

Seconded by: Councillor S. Daurio

That the Committee rise from in-camera at 2:30 p.m.

CARRIED

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24. RULAND PROPERTIES INC. (THE REMINGTON GROUP)
PHASE 1 APARTMENT BUILDINGS (C AND D)
MARKHAM CENTRE, SITE PLAN CONTROL APPROVAL
(SC 06 107107 001) (10.7)

Report Attach

Moved by: Councillor D. Horchik

Seconded by: Regional Councillor B. O'Donnell

That the report dated October 17, 2006, entitled “Application for Site Plan Control Approval - Ruland Properties Inc. (The Remington Group), Phase I Apartment Buildings (C and D) Markham Centre” be received;

And that the application for site plan control approval by Ruland Properties for two 7-storey apartment buildings containing 244 units and linked by a common lobby be endorsed in principle, subject to the conditions attached as Appendix A;

And 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 that the Owner shall submit a certificate from the Trustee for the Markham Centre Landowners Group indicating that satisfactory arrangements have been made to satisfy any obligations related to this site plan, financial or otherwise, as set out in the Markham Centre Landowners Group Agreement;

And that the Owner execute a Subdivision Agreement prior to final site plan approval, to the satisfaction of the Town Solicitor and Commissioner of Development Services;

And that the Owner revise the building elevations and site plan to address any concerns raised by Town staff, external Departments/Agencies and the Markham Centre Advisory Committee, to the satisfaction of the Commissioner of Development Services;

And that the Owner complete any necessary studies/reports required by Town staff and external Departments/Agencies, to the satisfaction of the Commissioner of Development Services;

And that prior to final site plan approval, the Owner shall enter into an agreement with the Town which shall be registered on title, committing not to enter into any agreements of purchase and sale with anyone, including individuals, other developers or builders, for any units within the plan area unless servicing allocation has been assigned by the Town in consultation with the

Markham Centre Landowners Group. The Owner further agrees to save harmless the Town and Region from any claim or action as a result of servicing capacity not being available when anticipated;

And that Ruland Properties Inc. (The Remington Group) be granted a servicing allocation for a projected population of 553.9 people (244 residential condominium units) from the assignment allocated to Markham Centre, in accordance with the June 20, 2006 report on servicing allocation;

And that the Region of York be advised of the servicing allocation for this development;

And that the Town reserves the right to revoke or reallocate sewage allocation and water supply should the development not proceed in a timely manner.

CARRIED

25. ENCROACHMENTS ONTO MUNICIPAL ROAD ALLOWANCE
1107656 ONTARIO INC. (GALLERIA MARKHAM)
REGISTERED PLAN 65M-3226 (8.9)

Report

Staff advised that inspection processes are being improved and penalties could be imposed, to prevent similar incidents from occurring.

Moved by: Regional Councillor B. O'Donnell

Seconded by: Councillor J. Virgilio

That the report entitled “Encroachments into Municipal Road Allowance, 1107656 Ontario Inc. (Galleria Markham)” dated October 17, 2006 be received;

And that the 100 mm strata interest in the public highways listed in Schedule “A” annexed hereto, be declared surplus pursuant to Town of Markham By-law No. 178-96;

And that notice of the proposed disposition of the 100 mm strata interest in the public highways listed in Schedule “A:” annexed hereto, be placed on the agenda for the Council meeting on October 17, 2006, as required by By-law 178-96;

And that a by-law be enacted to close the 100 mm strata interest in those parts of the public highways listed in Schedule “A” annexed hereto;

And that the Town Solicitor be authorized to approve and execute the necessary Transfers for the conveyance of the 100 mm strata interest of the public highways within Plan 65M-3226, shown as parts 1 to 41, inclusive on Plan 65 R-28466;

And that 1107656 Ontario Inc. satisfy the Town Solicitor that it has obtained the necessary consents and agreements from the affected property owners with respect to the transfers;

And that 1107656 Ontario Inc. satisfy the Town Solicitor that it will be responsible for the preparation of all necessary transfers, legal plans, fees, environmental clearances and all other documents and for all costs incurred by the Town as related to the encroachments into the municipal road allowance and associated conveyances;

And that 1107656 Ontario Inc. deposit on title Parts 1 to 41 inclusive on Plan 65R-28466;

And that 1107656 Ontario Inc. pay compensation to the Town for the lands to be transferred from the Town in the amount of $161.43/square meter ($161,430/hectare) for a total of $2,055.00;

And that 1107656 Ontario Inc. pay the legal and engineering fees associated with these transactions in the upset amount of $20,000;

And that plan of subdivision 65M-3226 not be assumed by the Town until all encroachments within the municipal road allowance, being the lands listed in Schedule “A” annexed hereto, have been conveyed to the adjacent property owner or the encroachment removed;

And that staff be authorized and directed to do all things necessary to give effect hereto.

CARRIED

26. HIGHWAY 404 RAMP EXTENSION AT MAJOR
MACKENZIE DRIVE, WEST CATHEDRAL COMMUNITY (10.0)

Report Attach

Moved by: Councillor J. Webster

Seconded by: Councillor D. Horchik

That the staff report entitled “West Cathedral Community, Highway 404 Ramp Extension at Major Mackenzie Drive”, dated October 17, 2006, be received;

And that Nichols Boulevard extension north of Major Mackenzie Drive to Street B not be protected through the Fieldgate Developments plan as a municipal road;

And that the Highway 404 ramp extension north of Major Mackenzie Drive be protected through the Loblaws Properties site plan and Majorwood Developments plan of subdivision to be confirmed through the Class EA process;

And that the cost of the Highway 404 northbound ramp extension at Major Mackenzie Drive be included in the Development Charges update;

And that the Ontario Ministry of Transportation be requested to support the Class Environmental Assessment for the extension of the Highway 404 ramp at Major Mackenzie Drive;

And that staff report back with the Class Environmental Assessment for Council’s approval to file such study with the Ministry of Environment;

And that B. McCuaig, Assistant Deputy Minister for the Ontario Ministry of Transportation and Bruce McGregor, Commissioner, Transportation and Works for the Regional Municipality of York, be advised accordingly.

CARRIED

27. TIMES INVESTMENTS LIMITED
(FORMERLY STRINGBRIDGE INVESTMENTS LIMITED)
NORTHWEST CORNER OF SOUTH TOWN CENTRE BOULEVARD
AND CLEGG ROAD, MARKHAM CENTRE
SITE PLAN APPROVAL FOR A 12 STOREY APT. BUILDING
(SC 04 011279) (10.6)

Report Attach

Moved by: Regional Councillor J. Jones

Seconded by: Councillor A. Chiu

That the report dated October 17, 2006, entitled “Times Investments Limited. (formerly Stringbridge Investments Limited) - Application for Site Plan Approval for a 10 and 12 storey, 400 unit apartment building - Northwest corner of South Town Centre Boulevard and Clegg Road - Markham Centre - File No. SC 04 011279,” be received;

And that the application for site plan approval be endorsed, in principle, subject to the conditions attached as Appendix “A” and the following:

1. Times Investments Limited has entered into the Markham Centre Landowners Cost Sharing Agreement.
2. The Trustee for the Cost Sharing Agreement has advised the Town in writing that Times Investments Inc. is in good standing with the Landowners Cost Sharing Group and that the Group supports the assignment of 400 units of servicing allocation to Times Investments Limited.
3. Times Investments Limited has entered into an agreement with the Town committing not to pre-sell any units beyond 400 until any required approvals are in place and servicing allocation is received from the Town and the Markham Centre Landowners Cost Sharing Group.
4. The terms of settlement for the withdrawal of the appeals to the Remington Group draft plan of subdivision accepted by Markham Council, and the appeals withdrawn, to the satisfaction of the Town;

And that 400 units of servicing allocation to Times Investments Limited be confirmed by Council, subject to the conditions outlined above;

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued once the conditions outlined above have been satisfied. Site Plan approval is issued only when the Director has signed the site plan;

And that Council authorize the enactment of a by-law to remove the Hold (H) provisions on the subject lands, upon application by the Owner, once the conditions outlined above have been satisfied;

And that the Owner participate in the enhanced hoarding program for Markham Centre, and that the Mayor and Clerk be authorized to execute a hoarding agreement in a form satisfactory to the Town Solicitor and the Commissioner of Development Services, with Times Investments Limited;

And that the Mayor and Clerk be authorized to execute an agreement with the Times Investments Limited committing not to pre-sell any units beyond 400 until servicing allocation is received from the Town and the Markham Centre Landowners Cost Sharing Group;

And that this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing October 17, 2006, in the event that the site plan agreement is not executed within that period.

CARRIED

28. MARKHAM CENTRE
DEVELOPMENT CHARGE DEFERRAL (7.11)

Staff gave a presentation regarding the preliminary financial analysis of a request for deferral of Markham Centre non-residential Development Charges. Discussions included options, construction of infrastructure, and TIFs. Staff will provide a complete analysis at a future Committee meeting.

Moved by: Regional Councillor J. Jones

Seconded by: Councillor D. Horchik

That the staff presentation dated October 17, 2006, regarding Markham Center Development Charges, be received, and that further presentations be deferred until January, 2007.

CARRIED

PART C

Public Meeting

7:00 p.m. - Council Chamber

Attendance

Deputy Mayor F. Scarpitti Regional Councillor J. Heath Regional Councillor B. O’Donnell Councillor S. Daurio Councillor J. Virgilio Councillor G. McKelvey Councillor D. Horchik Councillor A. Chiu

D. Barker, Licensing Officer S. Birrell, Town Clerk S. Heaslip, Senior Planner A. Henriques, Planner II T. Kanji, Planner II R. Kendall, Manager, Central District V. Shuttleworth, Director of Planning and Urban Design B. Wiles, Manager, By-law Enforcement & Licensing C. Raynor, Committee Clerk

The Development Services Committee convened at the hour of 7:02 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair.

DISCLOSURE OF INTEREST - None disclosed

29. NAAM GROUP INC., SOUTH - WEST CORNER OF
YORKTECH DRIVE AND RODICK ROAD
ZONING AMENDMENT TO PERMIT 30 PERCENT ACCESSORY
RETAIL (ZA 06-114625) (10.5)

Report Attachment

The Chair advised that the subject of the Public Meeting this date was to consider the proposed Zoning By-law amendment, File ZA 06 114625, submitted by Naam Group Inc., to permit 30% accessory retail in addition to the existing permitted industrial uses at the south-west corner of Yorktech Drive and Rodick Road.

Committee was advised that 22 notices were mailed on September 27, 2006, and a Public Meeting sign was posted on September 26, 2006. Committee received no written submissions.

Staff gave a presentation regarding the proposal, surrounding uses and outstanding issues. The applicant briefly advised that the design should integrate with surrounding developments.

There were no comments from the audience with respect to this application.

Moved by Councillor D. Horchik

Seconded by Regional Councillor B. O'Donnell

That the Development Services Commission report dated September 5, 2006 titled “Preliminary Report. Naam Group Inc. Application for zoning amendment to permit 30% accessory retail in addition to the existing permitted industrial uses at the south-west corner of Yorktech Drive and Rodick Road (lots 3 & 4, 65M-2755) (ZA 06 114625)” be received;

And that the Record of the Public Meeting held on October 17, 2006 with respect to the proposed amendments to By-law 165-80 be received;

And that the application by the Naam Group Inc. to amend By-law 165-80 be approved;

And further that the proposed amendment to By-law 165-80 be enacted without further notice following submission of a site plan satisfactory to Development Services Committee.

CARRIED

30. LOUIS AND GIANNA ALDROVANDI
60 VICTORY AVENUE AND 262 OLD KENNEDY ROAD
DRAFT PLAN OF SUBDIVISION (SU 05 011171) (10.7)

Report Attachment

The Chair advised that the subject of the Public Meeting this date was to consider the draft plan of subdivision, File SU 5 011171, submitted by Louis and Gianna Aldrovandi, for a number of development blocks intended for apartment and multi-unit dwellings at 60 Victory Avenue and 262 Old Kennedy Road.

Committee was advised that 80 notices were mailed on September 27, 2006, and a Public Meeting sign was posted on September 26, 2006. Committee received no written submissions

Staff gave a presentation regarding the proposal, surrounding uses and outstanding issues. The applicant spoke briefly and noted that the proposal has been a long time in development but that they will work with staff to move ahead as quickly as possible.

The Committee was advised that the street alignment and the location of the proposed school block are the principal causes of delay. The Committee requested that the process be advanced as quickly as possible.

There were no comments from the audience with respect to this application.

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

That the Development Services Commission report dated May 17, 2005 titled “Preliminary Report Louis and Gianna Aldrovandi, Residential Subdivision application at 60 Victory Avenue and 262 Old Kennedy Road (19TM-05007) Milliken Main Street Area (File SU-05-011171 be received;

And that the Record of the Public Meeting held on October 17, 2006, with respect to the proposed draft plan of subdivision, be received;

And further that the application by Louis and Gianna Aldrovandi, for draft plan of subdivision approval be referred back to staff for a report and recommendation.

CARRIED

31. 1685455 ONTARIO INC. 4550 STEELES AVENUE EAST
AND TOWN-OWNED LANDS AT 4576 STEELES AVENUE EAST
ZONING AMENDMENT (ZA 06 126186, SC 06 122264) (10.5, 10.6)

Report Attachment

The Chair advised that the subject of the Public Meeting this date was to consider the proposed Zoning By-law amendment, File ZA 06 126186, SC 06 122264, submitted by 1685455 Ontario Inc., at 4550 Steeles Avenue East and Town-owned lands at 4576 Steeles Avenue East.

Committee was advised that 140 notices were mailed on September 27, 2006, and a Public Meeting sign was posted on September 26, 2006. Committee received no written submissions

Staff gave a presentation regarding the proposal, surrounding uses and outstanding issues. It was noted that the proposed underground parking facility will extend beneath the Thelma Avenue extension, requiring that strata rights be assigned. The applicant spoke briefly to outline the results of the traffic study and to discuss the parking facility.

Committee was advised that the sale of the Town-owned lands can not proceed until after the Environmental Assessment process for the Midland Avenue and Thelma Avenue extensions is completed.

Mr. J. Shirodker, 41 Manston Crescent,, on behalf of Ward 8 Ratepayers’ Association, requested Committee to consider the impact of traffic at the already-congested area of Woodbine Avenue and Steeles Avenue. Staff advised that the traffic study will be tackled in the final report.

Moved by Regional Councillor J. Heath

Seconded by Councillor D. Horchik

That the deputation by Mr. J. Shirodker on behalf of Ward 8 Ratepayer’s Association, with concerns regarding the proposal by 1685455 Ontario Inc. at 4550 Steeles Avenue East and Town-owned lands at 4576 Steeles Avenue East, be received;

And that the Development Services Commission staff report dated September 19, 2006, titled “Preliminary Report, 1685455 Ontario Inc. – Application for Zoning Amendment – 4550 Steeles Avenue East and adjacent Town-owned lands municipally known as 4576 Steeles Avenue East – File Number: ZA 06 126186” be received;

And that the Record of the Public Meeting held on October 17, 2006, with respect to the proposed amendment to By-law 177-96, be received;

And further that the application by 1685455 Ontario Inc. to amend By-law 177-96 be referred back to staff for a report and recommendation.

CARRIED

32. SECOND HAND GOODS (2.0)

Report

Staff advised that a public meeting to consider an amendment to the Second Hand Goods By-law 2002-307 is being held in accordance with the Municipal Act.

Staff presented information relating to a proposed amendment to the Second Hand Goods By-law 2002-307. The proposed amendment would exempt the trading of videogames from the requirements of the By-law where the games were traded for exchange or credit rather than cash.

The Committee noted that the original criteria were established to address police concerns regarding the trading of stolen videogames. The Committee requested that York Regional Police be contacted for their input prior to the final report.

33. LICENSING OF PAVING/INTERLOCKING BRICK CONTRACTORS (2.0)

Report

Staff advised that a public meeting to consider licensing paving/interlocking brick contractors is being held in accordance with the Municipal Act.

Staff presented information relating to a proposed by-law to require that paving contractors be licensed in the Town of Markham. It was noted that the issue arose out of the Extended Driveways Working Group.

The Committee was advised of the proposed requirements such as liability insurance, written contracts with customers, and signage identification requirements as well as some of the potential issues such as enforcement. It was stated that extra staff will be available in 2007 for enforcement and that parking control officers will carry out weekend enforcement.

Staff advised that a communication program to residents regarding driveways will commence in January 2007 and that the purpose of the proposed by-law is to ensure that work on driveways is in accordance with the Extended Driveways By-law and to mitigate some of the line of sight issues associated with poorly stored building materials.

Staff advised that the possibility of extending the requirements of the by-law to snowplough and lawn/landscape operators might be considered later in 2007.

The Committee queried whether establishing a requirement for a building permit when widening driveways might be more effective than a licensing scheme, especially since permits are already required for certain deck construction projects, and whether there was a need to extend the provisions of the by-law to snowplough operators and landscapers. Staff suggested that a permit will make things more complicated for residents and will add a time and cost factor.

The Committee also queried the extent of Town enforcement and was advised that licensed operators found in contravention of the by-law will lose their license and can be required to make repair to contravening projects.

Mr. J. Hammons, 132 Elm Lea Street, on behalf of Mosaic Landscaping, advised that Landscape Ontario already maintains a list of credible contractors to help protect consumers and suggested that a permit for the storing of materials might be effective for ensuring that materials are stored safely. He stated that any building permits should be acquired by the resident as it would be too time-consuming for the contractor to get them.

Mr. B. Mersey, 85 Snowshoe Crescent, a soft landscaper, advised that the landscaping business is very competitive and that licensing soft landscapers will create additional expense and complication for these businesses.

Staff suggested a report will be presented to General Committee in late November 2006.

ADJOURNMENT

The Development Services Committee meeting adjourned at the hour of 9:00 p.m.