2006-10-17
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 17
COUNCIL (Council Chambers)
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (11)
REGRETS
Mayor D.
Cousens, Councillor E. Shapero. (2)
The Regular
Meeting of Council was held on October 17, 2006 at 3:00 p.m. in the Council Chamber, Civic Centre.
Deputy Mayor F. Scarpitti presided.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development
Services
J. Sales, Commissioner of Community &
Fire Services
A. Taylor, Commissioner of Corporate Services
S. Birrell, Town Clerk
C. Conrad, Town Solicitor
D. Cheng, Planner
B. Cribbett, Treasurer
B. Nanninga, Executive Assistant
M. Rebane, Manager, Corporate Communications
S. Laing, Director, Human Resources
J. Taylor, Senior Employee & Labour Relations Specialist
J. Wong, Technology Support Specialist
K. Bavington, Committee Clerk
1. DISCLOSURE OF PECUNIARY INTEREST
- None
Declared
2. REPORT OF THE COMMITTEE OF THE WHOLE
(1) Meeting
cancelled.
3. MINUTES
(1) COUNCIL
MINUTES - OCTOBER 10, 2006
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That the
Minutes of the Council Meeting held on October 10, 2006, be adopted.
CARRIED
4(a) REPORT NO. 34 - GENERAL COMMITTEE
Council
consented to add Report No. 34 - General Committee and to separate the question
on Clause (1).
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That Report
No. 34 - General Committee (October 16, 2006) be received and adopted.
(1) STATUS
OF CAPITAL PROJECTS
AS OF JULY 31, 2006 (5.0)
Report Attachments
A –C D
That
the report titled “Status of Capital Projects as of July 31, 2006” be received;
And
that $1,346,319 from closed capital projects be transferred to the sources of
funding as listed on Exhibit A entitled “Summary of Closed Capital Projects by
Account” with $0.25M from closure of operating budget funded capital projects
to be transferred to the capital contingency project and further closures of
operating budget funded capital projects, $0.06M, to be transferred to the
Markham Environmental Sustainability Fund;
And
that projects listed on Exhibit C entitled “Summary of Open Capital Projects
100% (or Greater) Encumbered at July 31, 2006” be closed upon payment of final
invoices and any outstanding amount returned to/from the original sources(s) of
funding;
And
that Section 3.0 of Capital Budget Control Policy be amended, as attached in
Exhibit D, to outline the establishment of a Planning DC (Development Charge)
Capital Contingency Project and an Urban Design DC Capital Contingency Project
which will be funded through transfers from completed Planning and Urban Design
development charge funded capital projects to a maximum of $50,000 and $100,000
respectively;
And
that the John Daniels Park capital project for $90,000 be referred to the 2007
Budget Subcommittee for further consideration.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor J. Heath
Seconded by Councillor A. Chiu
That Clause (1) be amended to add the
following paragraph:
And that the John Daniels Park capital project for $90,000 be referred to
the 2007 Budget Subcommittee for further consideration.
CARRIED
(2) AWARD
OF CONTRACT 185-T-06 – SUPPLY AND
DELIVERY OF GASOLINE, DIESEL
FUEL, AND FURNACE
OIL – YORK REGION BUYERS
CO-OPERATIVE CT-06-01 (7.12)
Report
That
the report entitled “Award of Tender 185-T-06 Supply & Delivery of
Gasoline, Diesel Fuel and Furnace Oil York Region Buyers Co-operative CT-06-01”
be received;
And
that Part A, Item 1 of Tender 185-T-06 be awarded to the lowest priced bidder,
Suncor Energy Products Inc. in the estimated annual amount of $395,557.80 exclusive of GST;
And
that Part A, Item 3 of Tender 185-T-06 be awarded to the lowest priced bidder,
FIBA Canning Inc. in the estimated annual amount of $246,073.16 exclusive of GST;
And that Part
B, Item 1 of Tender 185-T-06 purchased on credit cards at area service stations
be awarded to Suncor Energy Products Inc. in their unit price discount of 4% on
POS (Point Of Sale);
And that the
term of the contract be for one (1) year commencing from the date of issue of
the purchase order with an option to renew for two (2) additional one (1) year
periods subject to the satisfactory performance of the Contractor and approval
of the Region of York and/or the participating members of the Co-operative;
And that the Director of Operations and the Manager of
Purchasing be authorized to extend the contract for the additional two (2) one
(1) year terms at a unit price to be mutually agreed upon with the vendor and
the York Region Co-operative;
And that the
costs for November and December 2006, estimated at $116,460.00 be charged to
the 2006 Operations Departments Operating Accounts;
And that the
following 2007 estimated costs be provided for within the budget submission for
the Operations Department;
|
Account Name
|
Account Number
|
Budget
|
|
Gasoline
|
750-752-4300
|
$382,541.00
|
|
Diesel Fuel
|
750-752-4302
|
$243,715.00
|
|
Bio Diesel
|
750-752-4307
|
$ 15,375.00
|
|
Total
|
|
$641,631.00
|
(3) PUBLIC
MEETING ON THE PROPOSED 2007
WATER/WASTEWATER RATE INCREASE
(7.4 & 7.5)
Report
That
the report dated October 16, 2006 entitled “Public Meeting on the Proposed 2007
Water/Wastewater Rate Increase” be received;
And
that staff be authorized to hold a public meeting on December 12, 2006 at 6:00
p.m. on the proposed 2007 Water/Wastewater rate increase;
And
further that the proposed 2007 Water/Wastewater rate increase to be presented
at the public meeting be equivalent to the latest Regional increase available
before the meeting.
(4) MARKHAM ENVIRONMENTAL SUSTAINABILITY
FUND
FALL FUNDING (5.7)
Report Attachments
That
the staff report entitled “Markham
Environmental Sustainability Fund – Fall Funding”, dated October 16, 2006, be
received;
And
that Council approve funding for Town-initiated Projects as evaluated and
recommended by staff and the Environmental Issues Committee as set out in this
report, in the amount of $70,182, as follows:
- $10,800
for purchase of fluorescent lamp fixtures to be installed in the Civic
Centre Underground Garage;
- $19,920
for Funding for “Community Shuttle” pilot project;
- $10,580
for electric – powered utility replacement vehicle;
- $2,215
for Bike Pool Pilot Program.
to
be funded from the Markham Environmental Sustainability Fund (MESF), Account
#87 2800168;
And
that Council approve $26,667, for the “Environmental Professionals Internship”
program for an intern position as evaluated and recommended by Staff to be funded
from the Markham Environmental Sustainability Fund (MESF), Account #87 2800168;
And
that Council defer the following Projects:
- $17,000
for a Markham Centre Interpretive Pavilion;
- $8,140
for Pomona Mills Downspout Disconnection program; and
- $11,500
for the Unionville Villager Associations’ Community Signage Project;
pending
additional information, as requested by the Environmental Issues Committee, as
described in this report;
And
that Council approve $2,000 for Idling Communication Materials for the existing
anti-idling program, as evaluated and recommended by Staff and Environmental
Issues Committee, as outlined in this report, to be funded from the Markham
Environmental Sustainability Fund (MESF), Account #87 2800168;
And
further that a formal cheque presentation be made at Council to all applicants
who received funding in 2006.
(5) PURCHASE OF SPONSORSHIP – DON COUSENS
TRIBUTE DINNER – NOVEMBER 17,
2006 (12.2.6)
Report Letter
That Council sponsors The Don Cousens Tribute
Dinner hosted by the Markham Board of Trade on Friday, November 17, 2006 in the
amount of $2000. The Tribute Dinner will
be held at Hilton Suites Markham. The
cost to be charged to account 840 8415840.
(6) PURCHASE
OF ADVERTISING – SPECIAL TABLOID
KEEPSAKE EDITION OF MARKHAM
ECONOMIST
AND SUN – TRIBUTE TO DON
COUSENS (12.2.6)
That a full page advertisement, in the amount
of $1,800 be purchased in the Markham Economist & Sun’s Special Tabloid
Keepsake Tribute Edition in honour of Don Cousens on the occasion of his
retirement from public service. The cost
to be charged to account 840 8415840, and such publication will be dated
Tuesday, November 7, 2006.
(7) 2006 COMMUNITIES IN BLOOM (12.2.6 &
3.0)
RESULTS AND FINAL REPORT
Report Appendix
A B C
That the
presentation by the Manager, Marketing and Community, regarding the 2006
Communities in Bloom – Results and Final Report, be received;
And
that the staff report entitled “2006 Communities in Bloom – Results and Final
Report”, be received;
And
further that continued participation in Communities in Bloom within the
non-competitive “Friends” category be considered as part of the 2007 Budget
discussions and submission.
(8) ENVIRONMENTAL MANAGEMENT PLAN
IMPLEMENTATION PLAN (5.7 &
3.0)
Report Appendix
That
the staff report entitled “Environmental Management Plan Implementation Plan”
dated October 16, 2006, be received;
And
that staff move forward with establishing a staff technical advisory committee
representing each commission to begin implementing the recommendations of the
Environmental Management Plan – Phase One;
And
that the Commissioner, Community and Fire Services develop recommendations on
establishing an Environmental Sustainability Office within that commission;
And
that staff report back on progress to date and further recommendations in
January 2007, in order for these recommendations to be considered during
Council’s 2007 strategic planning session.
(9) 2005 BELL TRUE SPORT AWARD GRANT (12.2.6
& 6.4 & 7.6)
Report
That
the report entitled “2005 Bell True Sport Award Grant” be received;
And
that Council approves spending the $10,000 grant on development of programs for
volunteer coaches;
And
that the Markham Sport Council is given the authority to administer the grant
for the volunteer coaching programs.
(10) UPDATE ON NEGOTIATION WITH ANGUS GLEN GOLF
CLUB FOR MARKHAM GREEN GOLF
COURSE
LEASE AGREEMENT (8.2 &
6.4)
Report Attachments
That
the report entitled “Update on Negotiation with Angus Glen Golf Club for
Markham Green Golf Course Lease Agreement”, be received;
And
that the Commissioner of Community and Fire Services be authorized to enter
into a Memorandum of Understanding (MOU) with Angus Glen in a form satisfactory
to the Chief Administrative Officer and Town Solicitor, providing for early
access to the golf course and ensuring winterization of the golf course;
And
that the Mayor and Town Clerk be authorized to execute the final lease
agreement with Angus Glen in a form satisfactory to the Town Solicitor, Town
Treasurer and Commissioner, Community and Fire Services.
CARRIED
4(b) REPORT NO. 35 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to add Report
No. 35 - Development Services Committee, and to separate the question on
Clauses (6), (10), (11), (12) and (13).
(1) 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
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.
(By-laws
2006-295 and 2006-296)
(2) HERITAGE
EASEMENT AGREEMENTS FOR
TAX REDUCTION PROGRAM FOR
HERITAGE PROPERTIES (16.11)
Report Attach
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.
(By-law
2006-297)
(3) RODICK
ROAD SPEED LIMIT REDUCTION (10.0)
Report Attach
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 16th
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.
(By-law
2006-298)
(4) 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
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.
(By-laws
2006-299 to 2006-310)
(5) ASSUMPTION
OF PLANS OF SUBDIVISION (10.7)
Attach
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.
(6) 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
Moved
by Regional Councillor J. Heath
Seconded
by Regional Councillor J. Jones
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.
(By-laws
2006-311 and 2006-312)
CARRIED
(7) 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
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;
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;
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;
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;
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;
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;
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;
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;
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;
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.
(8) ENCROACHMENTS
ONTO MUNICIPAL ROAD ALLOWANCE
1107656 ONTARIO INC. (GALLERIA
MARKHAM)
REGISTERED PLAN 65M-3226 (8.9)
Report
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
65R-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.
(Other
Business 1)
(9) HIGHWAY
404 RAMP EXTENSION AT MAJOR
MACKENZIE DRIVE, WEST
CATHEDRAL COMMUNITY (10.0)
Report Attach
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.
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor J. Jones
That Council
resolve into an in-camera session to obtain a legal opinion regarding Clauses
(10) to (13).
CARRIED
Moved by
Councillor G. McKelvey
Seconded by
Councillor J. Virgilio
That Council
rise and report.
CARRIED
(10) 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
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:
- Times
Investments Limited has entered into the Markham Centre Landowners Cost
Sharing Agreement.
- 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.
- 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.
- 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
(11) UPDATE
ON MARKHAM CENTRE APPEALS
DRAFT PLAN OF SUBDIVSION
19TM-01012
RULAND PROPERTIES (REMINGTON
GROUP) (13.13)
That
the report entitled “Appeals of Draft Plan of Subdivision 19TM-01012 Ruland
Properties Inc. (The Remington Group)” be received;
And
that the Town endorse the principle that where, through construction of a
building to LEED standards, sewer and water capacity is “saved”, any such
savings, when realized as additional capacity by the Region, should be
allocated to the developer of the LEED building that “created” the additional
capacity for use on the site that created the capacity or another site owned by
the same developer, subject to conformity with all applicable Official Plan and
zoning provisions and subject to site plan approval;
And
that staff be authorized and directed to amend the condition of draft approval
in respect of the Ruland subdivision, to provide for 60% of the parkland
assessment to be conveyed, pursuant to the provisions of the Cost Sharing
Agreement and Park Delivery Agreement, upon registration of the subdivision in
phases, and the balance to be acquired by the Town in accordance with the
provisions of this report;
And
that the Town Solicitor be authorized to execute Minutes of Settlement with the
appellants to the Ruland draft approval on behalf of the Town generally in
accordance with the principles set out in this report;
And
that staff be authorized and directed to take the action set out in this report
and all other actions, including execution of documents, necessary to give
effect thereto.
CARRIED
(12) CASH-IN-LIEU
OF PARKLAND
MARKHAM CENTRE VALUATION
(6.11)
That
the report entitled Cash-in-lieu of Parkland: Markham Centre
Valuation dated October 17, 2006, be received;
And
that the current market value for the purposes of the calculation of
cash-in-lieu of parkland contribution for those lands within the Markham Centre
Secondary Plan Area and subject to the Markham Centre Landowners Cost Sharing
Agreement be set at the rate of $950,000 per acre;
And
that staff be authorized to do all things, including execution of documents,
necessary to give effect to these recommendations.
CARRIED
(13) MARKHAM
CENTER PARKLAND PRINCIPLES UPDATE (6.11)
ReportandAtts
That
the report entitled “Markham Centre Parkland Principles Up-date”, dated October
17, 2006, be received;
And
that the up-dated Markham Centre Parkland Principles (Appendix ‘A’) be
endorsed, contingent on prior approval by Council of the terms of settlement of
the appeals of the Ruland (Remington) draft plan of subdivision;
And
that Planning Staff report back on necessary amendments to the Remington Draft
Plan conditions to give effect to the “Minutes of Settlement” and revised
Parkland Principles as endorsed by Council.
CARRIED
5. MOTIONS
Council
consented to add Motions (1) to (4).
(1) WASTE
MANAGEMENT SERVICES (10.3 & 10.5)
Moved by
Regional Councillor J. Heath
Seconded by
Regional Councillor J. Jones
That the application by Proctor Investments Limited,
34 Proctor Avenue, Official Plan And Zoning By-Law Amendment to permit
townhouses, be referred to the Waste Management Department to review waste
management procedures in condominiums and other similar developments.
CARRIED
(2) UNIONVILLE/MILLIKEN
SOCCER SUBCOMMITTEE (6.4)
Moved by
Councillor J. Virgilio
Seconded by
Councillor A. Chiu
That a
Subcommittee be formed to assist the Unionville/Milliken Soccer Club in the
relocation of soccer fields, to give this matter the urgency it needs;
And that the
Subcommittee be comprised of the Councillors from Wards 3, 7, and 8, Deputy
Mayor F. Scarpitti, Town staff, and two members of the Unionville/Milliken Soccer Club.
CARRIED
(3) TONY
ROMAN HOCKEY TOURNAMENT (12.2.6)
Moved by
Regional Councillor B. O'Donnell
Seconded by
Councillor A. Chiu
That a grant
in the amount of $5,000.00 be provided to support the annual Tony Roman Hockey
Tournament.
CARRIED
Moved by
Councillor S. Daurio
Seconded by
Councillor J. Virgilio
That Council
resolve into an in-camera session to obtain a legal opinion regarding Motion
(4).
CARRIED
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That Council
rise and report.
CARRIED
(4) LANGSTAFF
(8.7)
Moved by
Councillor S. Daurio
Seconded by
Councillor K. Usman
That York
Region be requested to refer any further action on properties in the Langstaff
area to the new Regional Council.
CARRIED
6. COMMUNICATIONS
Council consented to add Communication No.
113-2006.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council
receive and consent to the disposition of communications in the following
manner:
Received
111-2006 Town
of Newmarket - Forwarding a resolution regarding the request from the Southlake
Hospital for municipal funding to insert a regional cancer care centre. (13.5.2)
Letter
Referred to Town Solicitor and
Treasurer
112-2006 Ontario
Municipal Board - Confirming the withdrawal of the appeal submitted by Mr.
Glenn Baron regarding Area Specific Development Charge By-law 2003-182 for Area
46, Cathedral and Sub Area 42A, South Unionville-Helen Avenue. (13.13 &
7.11)
Letter
Referred to Commissioner of
Community Services
113-2006 John
McCallum, MP, Markham-Unionville - Forwarding an invitation and outlining the
opportunities for the Town of Markham to participate in the third John McCallum
and Friends Holiday Food Drive with all proceeds to be donated to the Markham
Food Bank. (12.2.6)
Letter
CARRIED
7. OTHER BUSINESS
Council
consented to add Other Business (1).
(1) NOTICES
OF PROPOSED SALE (PURSUANT TO BY-LAW 178-96)
ENCROACHMENTS ONTO MUNICIPAL
ROAD ALLOWANCE
1107656 ONTARIO INC. (GALLERIA
MARKHAM)
REGISTERED PLAN 65M-3226 (8.9)
Moved by
Councillor K. Usman
Seconded by
Councillor J. Virgilio
That the
notice of proposed sale for the Town owned lands legally described as follows
be confirmed:
- Part
of Pond Drive, Plan 65M-3226, designated as Parts 1 to 13, inclusive, Plan
65R-28466, Markham, Part of PIN 03029-0949
- Part of Leitchcroft Crescent, Plan 65M-3226, designated as Parts 14 to 19, inclusive, Plan
65R-28466, Markham, Part of PIN 03029-0945
- Part of Carnation Road,
Plan 65M-3226, designated as Parts 20 and 21, Plan 65R-28466, Markham, Part of
PIN 03029-0939
- Part of Galleria Parkway, Plan 65M-3226, designated as Parts 22 to 28, inclusive, Plan
65R-28466, Markham, Part of PIN 03029-0943
- Part of Dahlia Road,
Plan 65M-3226, designated as Parts 29 and 30, Plan 65R-28466, Markham, Part of
PIN 03029-0940
- Part of Azalea Gateway, Plan 65M-3226, designated as Parts 31
to 37, inclusive, Plan 65R-28466, Markham, Part of PIN 03029-0938
- Part of Orchid Road,
Plan 65M-3226, designated as Parts 38 to 41, inclusive, Plan 65R-28466, Markham, Part of
PIN 03029-0946
(Clause 8, Report No. 35, 2006)
CARRIED
8. BY-LAWS
Council
consented to add By-laws 2006-295 to 2006-313.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That By-laws
2006-288 to 2006-313 be given three readings and enacted.
Three Readings
BY-LAW 2006-288 A by-law to amend By-law 2002-284, a by-law to establish licence
fees for the Town of Markham (Adjustment of fees and administrative
amendments).
(Committee of the Whole Motion - Oct. 10, 2006)
BY-LAW 2006-289 A by-law to amend Zoning By-law 304-87, as amended (Fairglen
Homes Limited, 9765 Kennedy Road, 19TM-05003, Part of Lot 19, Concession 6 - To
delete subject lands from By-law 304-87, as amended, so that they may be
incorporated into By-law 177-96, as amended, to permit the development of 18
single detached dwellings).
(Clause 4, Report No. 32, 2006)
BY-LAW 2006-290 A by-law to amend Zoning By-law 177-96, as amended (Fairglen
Homes Limited, 9765 Kennedy Road, 19TM-05003, Part of Lot 19, Concession 6 - To
permit the development of 18 single detached dwellings).
(Clause 4, Report No. 32, 2006)
BY-LAW 2006-291 A by-law to amend Zoning By-law 177-96, as amended (Ninth Line
Developments Ltd., Part of Lots 18 and 19, Concession 8 (Greensborough
Community), south of Castlemore Avenue and west of Gracewell Road - To remove (H) Hold provision).
BY-LAW 2006-292 A by-law to amend Zoning By-law 2004-196, as amended (Liberty
Development Corporation (2015776 Ontario Inc.), Part of Lot 10, Concession 4,
Markham Centre - To remove (H) Hold provision).
BY-LAW 2006-293 A by-law to amend Zoning By-law 165-80, as amended (Angelica
Investments Inc., northeast corner of Highway 7 and Woodbine Avenue, Part of
Lot 11, Concession 4 - To remove (H) Hold provision).
BY-LAW 2006-294 A by-law to confirm the proceedings of the Council meeting of
October 17, 2006.
(Council Meeting No. 17, 2006)
BY-LAW 2006-295 A by-law to amend Zoning By-law 304-87, as amended (Wismer
Markham Developments Inc, Part of Lot 19 and 20, Concession 7, northwest corner
of Castlemore Avenue and Kindy Street and southwest corner of Castlemore Avenue
and Hammersly Boulevard - To delete the subject lands from the designated area
By-law 304-87, as amended, so that they may be incorporated into By-law 177-96,
as amended, to permit the lands to be developed for residential purposes).
(Clause 1, Report No. 35, 2006)
BY-LAW 2006-296 A by-law to amend Zoning By-law 177-96, as amended (Wismer
Markham Developments Inc, Part of Lot 19 and 20, Concession 7, northwest corner
of Castlemore Avenue and Kindy Street and southwest corner of Castlemore Avenue
and Hammersly Boulevard - To permit the subject lands to be developed for
residential purposes).
(Clause 1, Report No. 35, 2006)
BY-LAW 2006-297 A by-law to authorize the execution of Heritage Easement
Agreements (Foundry Lane Holdings Ltd., 116 Main Street North Markham;
Laura-Jane Hanson, 236 Main Street Unionville; David and Melissa Loney, 3
Heritage Corners Lane Markham; Therese Coulter and Colin Benett, 20 George
Street Markham; Rhenish Church of Canada, 2667 Bur Oak Avenue Markham; Allison
& Sergio Cava, 194 Main Street North Markham; Jim & Liljana Angelevski,
40, 42, 44 Main Street North Markham).
(Clause 2, Report No. 35, 2006)
BY-LAW 2006-298 A by-law to amend Speed By-law 105-71 (Rodick Road
speed limit reduction).
(Clause 3, Report No. 35, 2006)
BY-LAW 2006-299 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3649 as public highway (Team Greensborough JV Inc., Part of
Lots 16 and 17, Concession 8 - Chancery Road, Darrington Drive and Taurasi
Court).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-300 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3054 as public highway (Cedarland Properties Limited, Part of
Lot 3, Concession 7 - Golden Avenue, Fonda Road, Ralph Court and Mindy
Crescent).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-301 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3418 as public highway (E. Manson Investments Limited, Zureit
Holdings Limited, Crestglade Investments Limited, Part of Lot 18, Concession 6
- Belgrave Square, Manorwood Drive, Bur Oak Avenue, Glenbrook Drive,
Stonebridge Drive, Hartwood Place, Emery Hill Boulevard, Cliveden Plane, Lane
A, Lane G, Lane H, Lane I, Lane J and Lane K).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-302 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3504 as public highway (E. Manson Investments Limited, Zureit
Holdings Limited, Crestglade Investments Limited, Part of Lot 18, Concession 6
- Emery Hill Boulevard, Glenbrook Drive, Cottingham Street, Ridgecrest Road,
Wychwood Drive and Thomas Bales Drive).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-303 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3632 as public highway (E. Manson Investments Limited, Zureit
Holdings Limited, Crestglade Investments Limited, Part of Lots 18 and 19,
Concession 6 - Hillwood Street, Devonwood Drive, Charles Sturdy Road,
Briarcrest Drive, Lane L and Lane M).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-304 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3430 as public highway (Cedar-Erin Developments Inc, Part of
Lots 17 and 18, Concession 4 - Macrill Road, Pembroke Road, Renberg Drive and
Thunderbird Court).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-305 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3509 as public highway (Cedar-Erin Developments Inc., Part Lot
18, Concession 4 - Mumberson Court, Rosewell Crescent and Wallingford Court).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-306 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3670 as public highway (Woodbine Mackenzie Developments
Limited, Part of Lots 22 and 23, Concession 4 - Adastra Crescent, Artisan
Trail, Harry Swingler Drive, Haywood Drive, Hazelton Avenue, Larkmead Crescent,
Stony Hill Boulevard, Vine Cliff Boulevard and Winter Creek Crescent).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-307 A by-law to amend Traffic By-law 106-71 (To include compulsory
stops - Various street in Plans 65M-3649, 65M-3054, 65M-3418, 65M-3504,
65M-3632, 65M-3430, 65M-3509 and 65M-3670).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-308 A by-law to amend Speed By-law 105-71 (To limit a maximum speed
of 40 kilometers per hour - Various streets in Plans 65M-3649, 65M-3054,
65M-3418, 65M-3504, 65M-3632, 65M-3430, 65M-3509 and 65M-3670).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-309 A by-law to amend Parking By-law 2005-188 (To include No Parking
- Stonebridge Drive, Bur Oak Avenue, Hartwood Place and Hazelton Avenue).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-310 A by-law to amend Speed By-law 105-71 (To limit a maximum speed
of 50 kilometers per hour - Bur Oak Avenue and Stonebridge Drive).
(Clause 4, Report No. 35, 2006)
BY-LAW 2006-311 A by-law to adopt Official Plan Amendment No. 158 (Proctor
Investments Limited, 34 Proctor Avenue - To permit nine townhouse units).
(Clause 6, Report No. 35, 2006)
BY-LAW 2006-312 A by-law to amend Zoning By-law 2237, as amended (Proctor
Investments Limited, 34 Proctor Avenue - To permit nine townhouse units).
(Clause 6, Report No. 35, 2006)
BY-LAW 2006-313 A by-law to confirm Council instructions with respect to the
Expropriation of P. Quan Lands in Markham Centre for Enterprise Drive.
CARRIED
9. ADJOURNMENT
Moved
by Councillor A. Chiu
Seconded
by Regional Councillor J. Heath
That the meeting do adjourn.
CARRIED
Council
adjourned at 4:41 p.m.
___________________________________ _____________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, DEPUTY MAYOR
(Signed)