2006-02-28
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 5
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor
A. Chiu. (13)
Moved by Councillor
A. Chiu
Seconded by Councillor
G. McKelvey
That Council resolve itself into the
Committee of the Whole to discuss the following:
(1) Turning Restrictions on Yonge Street (5.12)
(2) 777192
Ontario Ltd (Costco/Riotrin), 7555 Markham Road, Subdivision Application for
Commercial Uses (19TM-05017) and Site Plan Application for a Costco Store (SU
05 021138, SC 05 022736) (10.6, 10.7)
(3) Cornell
Rouge Development Corporation (Madison Homes / Forest Hill Homes) Residential
Plan of Subdivision 19TM-04004 Cornell Planning District (SU 04
015086, ZA 04 015097) (10.5, 10.7)
(4) 2006
Advisory Committee/Board Appointments (16.24)
(5) Environmental
Land Acquisition Committee (16.24)
(6) Markham
African Caribbean Association (MACA) Follow-Up Report with Lease Clause 7060
Markham Road (8.2, 8.7)
CARRIED
The Regular
Meeting of Council was held on February 28, 2006 at 7:08 p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor
J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E.
Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
C. Conrad,
Town Solicitor
P. Miller,
Manager, Secretariat Services
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor E. Shapero disclosed an interest with
respect to Committee of the Whole Motion (1), the turning restrictions on Yonge
Street, by nature of being a client of Smith Veterinary Hospital, and did not
take part in the consideration or discussion of or vote on the question of the
approval of such matter.
Deputy Mayor
F. Scarpitti disclosed an interest with respect to Other Business (1) and
By-laws 2006-54 and 2006-55, the proposed sale and stop up and close of Part of
16th Lane, by nature of living close to the subject property, and
did not take part in the consideration or discussion of or vote on the question
of the approval of such matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) TURNING RESTRICTIONS ON YONGE STREET
(5.12)
Report Presentation Memo
That the
presentation by the Manager of Transportation outlining alternative interim
solutions with respect to turning restrictions on Yonge Street at the Smith
Veterinary Hospital, be received;
And that
subject to further community consultation, staff be authorized to implement a
trial programme and report back on the results.
(Councillor E. Shapero abstained)
(2) 777192 ONTARIO LTD (COSTCO/RIOTRIN)
7555 MARKHAM ROAD, SUBDIVISION
APPLICATION
FOR COMMERCIAL USES
(19TM-05017) AND
SITE PLAN APPLICATION FOR A
COSTCO STORE
(SU 05 021138, SC 05 022736)
(10.6, 10.7)
Report Maps Conditions
That the verbal
update from the Commissioner of Development Services regarding review of the
Main Street Milliken Vision in connection with the applications by 777192
Ontario Ltd. (Costco/Riotrin), be received;
And that draft
plan of subdivision 19TM-05017 (SU 05 021138) located on the east side of
Markham Road, south of Kirkham Drive, proposed by 177192 Ontario Ltd on behalf
of Costco Wholesale Canada Ltd and Riotrin Properties (Kirkham) Inc (19TM-05017), be draft
approved subject to the conditions outlined in Appendix ‘A’;
And that the applicant
provide to the Town the required payment of 30% subdivision processing fees in
accordance with the Town’s Fee By-law (By-law 2005-357);
And that the Site Plan
application (SC 05 022736) submitted by Costco
Wholesale Canada Ltd to permit a 13,829m2 (148,854 sf) club
warehouse store on the east side of Markham Road, south of Kirkham Drive, be
endorsed in principle, with the following conditions:
1.
That site plan approval be delegated to the Director of Planning & 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 as “approved”;
2. That the owner enter into a site plan agreement with the Town of
Markham containing all standard provisions and requirements of the Town and
public agencies, including;
a) Provision for payment by the Owner of all
applicable fees, recoveries and development charges;
b) Provisions
for satisfying all requirements of the Town’s Departments and external
agencies, including the Regional Municipality of York Transportation and Works
Department;
c) Provision of site plan and elevation drawings
for the Heritage Building containing details such as driveway, grading,
connection to municipal services, trees to be preserved, any proposed additions
and alterations, and a traditional Restoration Plan for the exterior of the
Heritage Building, to the satisfaction of Heritage Markham and the Town of
Markham. The site plan, elevation drawings
and Restoration Plan are to be included in the Site Plan Agreement and the
approved site alterations and exterior restoration is to be implemented within
one year of the registration of the Plan of Subdivision;
d) The Owner is to provide and install at its
cost, an interpretative baked enamel plaque for the Heritage Building, in a
publicly visible location on the property.
The plaque is to be designed according to the specifications of the
"Markham Remembered" program, and outline the history of the house. Details of the design and location of the
plaque are to be submitted for review and approval of the Town (Heritage
Section);
e) A
commitment to the long term vision for redevelopment of this parcel outlined in
the Markham Road Corridor Study, 2003 in accordance with the conceptual site
plan attached as Figure 8 to this report;
3. That this endorsement
shall lapse and site plan approval
will not be issued, after a period of three years commencing February
21, 2006, in the event that the site plan agreement is not executed within that
period;
4. That, prior to approval of the site plan:
a) The
Owner shall have submitted a revised site plan and building elevations, to the
satisfaction of the Director of Planning and Urban Design, including, but not
limited to, revisions required to implement the recommendations of the traffic
study;
b) The
plan of subdivision creating the lands subject to this site plan approval shall
be registered, and the lands required for the public roads within the
subdivision shall have been conveyed to the Town;
c) That
Holding provisions shall have been removed and any required variances shall
have been obtained to permit the relocation of the heritage building;
5. That a Landscape Plan be submitted, prepared by a Landscape
Architect having O.A.L.A. membership, to the satisfaction of the Commissioner
of Development Services;
6. That the recommendations of the traffic study
be implemented, to the satisfaction of the Commissioner of Development
Services.
(3) CORNELL ROUGE DEVELOPMENT CORPORATION
(MADISON HOMES / FOREST HILL
HOMES)
RESIDENTIAL PLAN OF
SUBDIVISION 19TM-04004
CORNELL PLANNING DISTRICT (SU
04 015086, ZA 04 015097) (10.5, 10.7)
Report 1 2 3 4 Conditions
That the
verbal update from the Commissioner of Development Services regarding a minor
technical matter with respect to the applications by Cornell Rouge Development Corporation for
draft plan of subdivision 19TM-04004
and implementing zoning by-law be received.
(4) 2006
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Canada Day
Committee
That the
following resignations from the Canada Day Committee be received with regret
and letters of appreciation forwarded:
Eddie Ting
Tara Willis
And that Jeanne
Bowman be appointed to the Canada Day Committee for a term to expire on November 30, 2006;
Daycare
Committee
That the
following appointments to the Daycare Committee be confirmed for a term to
expire May 31, 2006:
Michelle Alley,
President
Leslie Donaldson
Caroline Gayle
Grace Man-Shoong
Christine Pilla
Michelle Rich
Helen Soehner
Alene Swan
Mare Nathan, Director
German Mills Community Centre Board
That the following appointments to the German
Mills Community Centre Board be confirmed for a term ending December 31, 2006:
Myra Bechtel
Kathy Branny
Eileen Carter
Erin Cattral
Helen Duffy
Stan Solomon
Sharon Raibmon
Heritage Markham
That Councillor S. Daurio be appointed to
Heritage Markham for a term to expire November 30, 2006;
Markham Business Improvement Area (BIA)
That the following appointments to the
Markham Business Improvement Area (BIA be confirmed for a term ending December 31, 2006:
Dr. Morley Lem, Chair
Roger Clements, The Old Curiosity Tea Shop
Sid Ridgley, Simul Corporation
Gordon Braithwaite, St. Andrew’s Presbyterian
Church
Wil Pialagitis, Tim Clark’s Flowers
Alexis Muir, A.M. Travel
Les Ford, Jungle Interiors
Paul Ewald, Olde Markham Coffee Shoppe
Michelle Sukul-Chan (non voting)
Manager, Markham Village B.I.A.
(5) ENVIRONMENTAL LAND ACQUISITION COMMITTEE
(16.24)
That the
information from the Town Clerk on the status and composition of the
Environmental Land Acquisition Committee, be received;
And that a
Working Group be formed comprised of staff and Deputy Mayor F. Scarpitti,
Regional Councillor J. Heath, Councillor E. Shapero, Councillor S. Daurio and
Councillor G. McKelvey to develop a short and long term land acquisition
strategy for environmental land acquisition purchases and partnerships.
(6) MARKHAM
AFRICAN CARIBBEAN ASSOCIATION (MACA)
FOLLOW-UP REPORT WITH LEASE
CLAUSE
7060 MARKHAM ROAD (8.2, 8.7)
That the
confidential report titled "Markham African Caribbean Association (MACA)
Follow-up Report With Lease Clause, 7060 Markham Road", be received;
And
that the Mayor and Clerk be authorized to execute a Lease Agreement with MACA
for the existing facility, for a nominal fee that incorporates one 5-year term;
And
that any future restoration/renovation program requiring a capital contribution
from the Town of Markham be considered only upon confirmation from MACA of
secured grant(s) and fundraising totaling two-thirds of the estimated overall
cost;
And
further that subject to any restoration/renovation project receiving future
Council approval to proceed, that the Daniels-Fairty House be integrated into
the design of John Daniels Park and that a governance model such as a community
centre Board be established to ensure equitable use between local community
groups;
And that staff
be authorized to finalize the terms of a lease with MACA on the terms approved
by General Committee on February 6, 2006, above, with the addition of the
following or a similar clause:
On the written
request of the Tenant and at the sole and absolute discretion of the Town, the
term may be extended for a further term that is mutually agreeable to both
parties, subject to MACA providing evidence satisfactory to the Town that MACA
has raised and has available two-thirds of the costs to renovate the building,
determined by and at the discretion of the Town, and that MACA has or agrees to
the creation of an Advisory Board or Municipal Service Board which will have
jurisdiction over the leasing and use of the premises.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- FEBRUARY 14, 2006
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
Minutes of the Council Meeting held on February 14, 2006, be adopted.
CARRIED
4. PRESENTATIONS
(1) HERITAGE
PLAQUE PRESENTATIONS (12.2.6)
Council
presented Heritage Plaques to the owners of the following properties in
recognition of their designation under Part IV of the Ontario Heritage Act:
- Box Grove Schoolhouse,
7651 Ninth Line
- Jeremiah Sheridan House,
8303 Warden Avenue
- William Grant, 2667 Bur
Oak Avenue
- Cedarena, 7373 Reesor Road
- James Brander House, 31
Helen Avenue
- John Cameron Jr. House, 25
Fairway Heights Drive
- Henry Pingle Sr. House,
9765-9767 Kennedy Road
Members of
Heritage Markham were in attendance and presented brief descriptions of the
historical and architectural value of each of the recognized sites.
(2) KINARK CHILD AND FAMILY SERVICES (12.2.6
& 3.4)
Info
Mr. Roland
Rutland, Diversity Coordinator, and Harold Adams, Acting Area Program Director,
both with Kinark Child and Family
Services, York Region, presented information on the work and programs provided
by Kinark in Markham and throughout the Region of York. They also spoke of "International
Women's Day", "International Women's Week" and "United
Nations International Day for The Elimination of Racial Discrimination".
(See
Proclamations (1))
5(a) REPORT NO. 9 - GENERAL COMMITTEE
Council
consented to separate Clauses (2), (5), (7), and (8).
Moved
by Councillor A. Chiu
Seconded
by Councillor K. Usman
That
Report No. 9 - General Committee be received and adopted.
February 20, 2006
(1) ROYAL CONSERVATORY OF MUSIC – PROPOSAL
FOR
A COMMUNITY MUSIC SCHOOL IN
MARKHAM (12.2.6)
Report
That the staff report entitled “Royal
Conservatory of Music, Proposal for a Community Music School in Markham”, dated
February 20, 2006, be received;
And that the deputation by Mr, Jeff Melanson,
Dean, the RCM Community School, be received;
And that a Working Group be established,
consisting of a representative of the Royal Conservatory of Music, two Members
of Markham Council, and a representative of the York Region district School
Board, to explore opportunities and possible partnership arrangements for a
Community Music School in Markham;
And further that Ward 3 Councillor Joseph
Virgilio be one of the Markham Council representatives on the Working Group,
and serve as Chair of the Group;
And that the second Member of Markham Council
to serve on the Working Group be Regional Councillor J. Heath.
CARRIED
(2) INFORMATION TECHNOLOGY STRATEGIC PLAN
UPDATE - PORTAL PROJECT (7.13)
That the following recommendation, confirmed at the January 24, 2006 meeting
of the Information Technology Sub-Committee meeting be adopted:
“That the following
recommendations be adopted:
1)
In 2006, work with the Region to create the governance, define portal
requirements and begin implementation in 2006 on shared portal solutions
2)
The process should be open to other OneYork partners at the right time
3)
An RFP should be issued to ensure that the portal that provides the best
value is selected.”
CARRIED AS
AMENDED
(See
following motion to amend)
Moved by Regional Councillor J. Jones
Seconded by Councillor S. Daurio
That Clause (2), Report No. 9, be amended as
follows:
- Add the words "…on shared portal
solutions" after the words "…implementation in 2006" in article
1
- Remove the word "…quickly…"
from article 1 after the word "…governance"
- Delete article 3 in its entirety;
- Delete the words "Regardless
of approach, …" before the words "… an RFP …" in the former article
4.
CARRIED
(3) MILMAR COURT SANITARY SEWER SYSTEM (5.5
& 7.12.1)
Report Attachments
That the report entitled “Milmar Court
Sanitary Sewer System” be received;
And that the Asset Management Department be
authorized to proceed with tendering of the Milmar Court Sanitary Sewer System
in March 2006;
And that when the tender price is known, the
residents of Milmar Court be advised of the total project
cost for their decision whether to proceed with construction of this project;
And that the Asset Management staff report
back the resident’s decision and staff recommendation;
And further that if the Milmar Court Sanitary
Sewer System is to proceed, the total project cost be front-ended by the Town
and recovered by imposing an equal fee against the six property owners abutting
the works in accordance with Section 391 of the Municipal Act.
(4) PURCHASE OF SPONSORSHIPS – CANADIAN
CANCER SOCIETY
“PUTTIN ON THE RITZ GALA”,
MARCH 11, 2006 (12.2.6)
Report Attachments
That Council participate in the Canadian
Cancer Society “Puttin’ on the Ritz Gala” on March 11, 2006 at Angus Glen Golf
Club by purchasing single tickets for $150 each to tables of 8, at a cost not
to exceed $3,000.00.
(5) FEDERATION OF CANADIAN MUNICIPALITIES
CONFERENCE ATTENDEES ((13.12.4
& 11.12)
Report
That the report dated February 20, 2006
entitled. “Federation of Canadian Municipalities Conference (FCM) Attendees” be
received;
And that any Councillors who have not
attended an FCM Conference this term be given first refusal;
And that the remaining Councillors be
permitted to attend at their own expense if they so wish;
And that overnight travel for the 2006 FCM
Conference be approved.
CARRIED
(6) DRAFT LETTERS TO PROVINCIAL AND
FEDERAL GOVERNMENTS RESPECTING
BUDGET PROCESS (7.4, 7.5, 13.1
& 13.2)
Letters
That the letter to Honourable J. Gerretson, Minister of Municipal
Affairs and Housing regarding the Development Charges Act, be approved and that
copies also be sent to the Association of Municipalities in Ontario, and any
other appropriate municipalities, organizations or agencies;
And that the letter to Honourable L. Cannon, Ministry of Transport,
Infrastructure and Communities regarding the Federal Gas Tax, be approved and
that copies also be sent to the Federation of Canadian Municipalities, and any
other appropriate municipalities, organizations or agencies;
And that an additional letter, concerning issues with the revenue
pooling paid by the Town of Markham and other municipalities to the City of
Toronto to offset welfare and social housing costs, be sent to Honourable J.
Gerretson, Minister of Municipal Affairs and Housing.
(7) HWY
407 INTERCHANGES WITH 9TH LINE
AND MARKHAM BY-PASS (5.10)
Report Attachments
That the February 20, 2006 report entitled “Hwy 407 Interchanges with 9th
Line and Markham By-pass” be received;
And that the Ministry of Transportation letter dated January
16, 2006,
be received;
And that the Region of York be requested to finance 50% of a traffic
and financial model for the outstanding Hwy 407 ramps at 9th Line
and Markham By-pass;
And that staff in conjunction with the Region of York be authorized to
retain on a sole preferred supplier basis a consultant to undertake a traffic
and financial model for the northbound access ramps to Hwy 407 for 9th
Line and Markham By-pass;
And that the cost of the traffic/financial model be funded under the
2006 Capital Budget Project #7251 to the upset limit of $50,000;
And that staff report back to committee on the results of the traffic
and financial model to construct the outstanding access ramps; and if the model
proves the access ramps are required, request the Province and 407ETR to
construct those ramps at their expense;
And that B. MacGregor, Commissioner of
Transportation and Works for the Regional Municipality of York, be advised
accordingly.
CARRIED AS AMENDED (13:0)
(See following motion to
amend)
(See following motion to
defer which was lost)
Moved by Deputy Mayor
F. Scarpitti
Seconded by Councillor
J. Webster
That Clause (7), Report
No. 9, Paragraph 6, be amended as follows:
- Delete the words "…as to…" and replace them
with "…on the…"after the words "…back to committee…"
- Delete the words "…and negotiations with
407ETR…" after the words "…financial model…"
- Add the words "…and if the model proves the access ramps are
required, request the Province and 407ETR to construct those ramps at their
expense" to the end of the paragraph.
CARRIED
Moved by Deputy
Mayor F. Scarpitti
Seconded by
Councillor E. Shapero
That Clause (7), Report No. 9 be deferred pending a meeting with the
Minister of Transportation.
LOST
(8) FEDERATION OF CANADIAN MUNICIPALITIES
– MARCH 2006 (7.0)
That the attendance of Councillor E. Shapero at a Federation of
Canadian Municipalities meeting regarding the Conference on Climate Change in
March 2006 be approved with overnight travel to be funded from Councillor E.
Shapero’s discretionary expenses.
CARRIED
(See following motion to amend which was
Lost)
Moved by Deputy
Mayor F. Scarpitti
Seconded by
Regional Councillor J. Jones
That Clause (8),
Report No. 9 as follows:
- Delete the word
"…Conference…" and replace it with the words "…Board
Meeting…"
- Delete the
words "…to be funded from Councillor E. Shapero's discretionary
expenses."
LOST
(9) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- FEBRUARY 20, 2006 (16.0)
CARRIED
5(b) REPORT NO. 10 - DEVELOPMENT SERVICES
COMMITTEE
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That Report No. 10 - Development Services
Committee be received and adopted.
February 21, 2006
(1) BILL 51 – AN ACT TO AMEND THE PLANNING ACT
AND THE CONSERVATION LAND ACT
(13.2)
Report
That the staff
presentation regarding Bill 51, an Act to amend the Planning Act and the
Conservation Act, be received;
And that the staff report entitled “Comments
on Bill 51 – An Act to amend the Planning Act and the
Conservation Land Act”, dated February 7, 2006 be received;
And that staff report back to Development
Services Committee, after the enactment of Bill 51, regarding impacts on Planning Department work
flow, processes and resource allocation;
And that support
be expressed for the provision of planning and financial tools to support
energy and urban sustainability, for architectural control provisions, and for
Ontario Municipal Board reforms;
And that the proposal to update municipal
zoning by-laws within three years of completing a new or revised official plan
be deleted from Bill 51;
And that, prior to third reading of Bill 51,
the Province consider incorporating additional refinements to the Act as
outlined in the August 30, 2004 report to
Development Services Committee and this report, including amongst other things
the following:
- Further
amend the Planning Act to:
a. introduce new provisions under Section 41 and 51 to require, as a
condition of approval of a plan of subdivision or site plan, conveyance into
public ownership, of valleylands and woodlots and associated ecological lands,
where a municipality has identified such lands a part of a natural heritage
system through its Official Plan, at no expense to a municipality or
conservation authority;
b. introduce a new criterion under Section 51(24) to strengthen a
municipality’s capability to conserve cultural heritage resources and provide
for their incorporation in developing communities;
c. harmonize the Planning Act and Environmental Assessment Act processes;
d. place the onus of demonstrating an error or impropriety of
decision-making or failure of process on the appellant at the Municipal Board;
e. refine the requirement to hold an Open House prior to a Public
Meeting, to exclude routine applications;
And that the
Province be requested to clarify expectations for the Town to change urban
boundaries in accordance with legislative-identified areas;
And that Council again request the Province,
through the Minister of Finance and the Minister of Municipal Affairs and
Housing to make a commitment to deliver new fiscal tools including Tax
Increment Financing (TIF) and permanent removal of tax capping in TIF areas,
and changes to the Development Charges Act, to assist municipalities with the
implementation of the growth plan policies, particularly as they relate to
intensification and development of higher order transit;
And that Council endorse this staff report
and submit it to the Province, along with the Council resolution as the Town of
Markham’s comments on Bill 51 and Environmental Bill of Rights Registry No.
AF05E0001;
And that the Clerk be directed to forward a
copy of this report to the Minister of Municipal Affairs and Housing, the Minister
of Finance, the Minister of Public Infrastructure Renewal, the Assistant Deputy
Minister for the Smart Growth Secretariat, the Chair of the Greenbelt Task
Force, York Region MPPs, the Association of Municipalities of Ontario and the
Region of York.
(2) PROPOSED ENVIRONMENTAL ART EVENT FOR
2006 (6.5)
Report
That the report to Development Services Committee dated February 21,
2006 entitled “Proposed Environmental Art Event for 2006” be received;
And that staff and the Markham Public Art Advisory Committee undertake
an “Environmental Art Event” in conjunction with the Town’s 2006 Communities in
Bloom Program;
And that funding to a maximum of $20,000 be provided from Planning and Urban Design’s Capital Account
#56-5350-5293-005, “Town Wide Public Art” for all costs associated with
administering and implementing the “Environmental Art Event”;
And further that, staff provide regular updates to Development Services
Committee on the status of the 2006 Environmental Art Event.
(3) BERCZY VILLAGE COMMUNITY
FOUR-PARTY AGREEMENT FOR
STORMWATER MANAGEMENT POND (5.3)
Report 1
That the
Development Services Commission report titled “Berczy Village Community – Four-Party
Agreement for Stormwater Management Pond” dated February 21, 2006 be received;
And that the
Mayor and Clerk be authorized to execute an agreement with the Regional
Municipality of York, Berczy Developers Group, and B. McGregor Development
Limited to the satisfaction of the Chief Administrative Officer and the Town
Solicitor.
(4) PETER GOMEZ AND FRANK ALTUNA
TEMPORARY USE ZONING BY-LAW
AMENDMENT
TO PERMIT AN EXISTING FOR
LANDSCAPE AND SNOW
REMOVAL BUSINESS WITH OUTSIDE
STORAGE (ZA 05 021769) (10.5)
Report 1 2 3 4 5 6
That the staff report
entitled “Application for Temporary
Use Zoning By-law Amendment to Permit an Existing Landscaping and Snow Removal
Business with Related Outdoor Storage, 21 Essex Ave, Thornhill, ZA 05 021769”,
be received;
And that the application as submitted by Peter Gomez and Frank Altuna
(ZA 05 021769), be
refused;
And that By-law Enforcement take action to ensure the property
is brought into conformity with the existing zoning.
(5) FOREST BAY HOMES LTD., NORTH SIDE OF DENISON STREET
WEST OF MARKHAM ROAD, OFFICIAL
PLAN AMENDMENT AND
REZONING TO PERMIT
SEMI-DETACHED AND TOWNHOUSE
DEVELOPMENT (OP 03 117651, ZA
03 117641) (10.3, 10.5)
Report Maps OP
By-laws
That the staff report entitled “Recommendation
Report, Forest Bay Homes Ltd., Official Plan Amendment and Rezoning applications
to permit a semi-detached and townhouse development on condominium roads
on the north side of Denison Street, west of Markham Road” be received (File:
OP 03 117651, ZA 03 117641);
And that the Official Plan Amendment application (OP 03 117651) submitted by Forest Bay Homes Ltd. for lands on the north side
of Denison Street, west of Markham Road, be approved and the draft Official
Plan Amendment be finalized and adopted;
And that the Rezoning application (ZA 03 117641) to amend By-law 90-81 as amended, submitted by
Forest Bay Homes Ltd. to permit a semi-detached and townhouse development on
condominium roads on the north side of Denison Street, west of Markham Road, be
approved and the draft Zoning By-law be finalized and enacted;
And that approval of the required Site Plan application be delegated to
the Director of Planning and Urban Design, or her
designate.
(By-laws 2006-48 and 2006-49)
(6) CORNELL ROUGE DEVELOPMENT CORPORATION
(MADISON HOMES / FOREST HILL
HOMES)
RESIDENTIAL PLAN OF SUBDIVISION
19TM-04004
CORNELL PLANNING DISRTICT (SU
04 015086, ZA 04 015097) (10.5, 10.7)
Report 1 2 3 4 Conditions
That the
record of the Public Meeting held on December 6, 2005 with respect to the
applications by Cornell Rouge
Development Corporation for draft plan of subdivision 19TM-04004 and implementing
zoning by-law be received;
And that plan of subdivision 19TM-04004 be
draft approved subject to the conditions outlined in Appendix ‘A’ to the staff
report dated February 21, 2006, and the
required payment of 30% of the subdivision processing fees in accordance with
the Town’s Fee By-law (By-law 2005-357);
And that Cornell Rouge Development Corporation be granted a servicing
allocation of 204 units, such
allocation to be from the total allocation available for the Cornell Secondary
Plan area;
And that Cornell Rouge Development Corporation
pay their proportionate share of the Hwy. 48 flow control measures, to the
satisfaction of the Director of Engineering;
And that the
Town reserves the right to revoke or reallocate the servicing allocation should
the development not proceed in a timely manner;
And that the
application to amend Zoning By-laws 304-87 and 177-96 be approved, and the
implementing amendments be enacted;
And further, that the Region of York be advised of the
servicing allocation for this development.
(By-laws
2006-50 and 2006-51)
(7) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – FEBRUARY
21, 2006 (16.0)
CARRIED
6. COMMUNICATIONS
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
Received
14-2006 Minister of
Municipal Affairs and Housing - Informing of the proposal to amend the Municipal
Elections Act, 1996 to extend the term of office for municipal councils and
school boards to four years from three with a view to strengthening local
government. (13.2.5)
Communication
Referred to all Members of Council
15-2006 Development
Services Commissioner - Providing an update regarding the application submitted
by Roseport Investments Limited for 250 Yorktech Drive to permit four single
storey industrial buildings with restaurants and accessory retail. (10.5) (By-law 2006-52)
Memo
16-2006 Development
Services Commissioner - Providing an update regarding the application submitted
by 1199394 Ontario Limited (Longo’s Fruit Market) for 3085 Highway 7 to
incorporate previously granted minor variances into the zoning by-law, to
recognize the existing food store as a retail store and to permit retail
stores. (10.5) (By-law 2006-53)
Memo
Referred to Commissioner of Development
Services and Town Solicitor
17-2006 Ontario
Municipal Board - Forwarding a Decision from the prehearing conference held on
February 3, 2006 to adjourn sine die pending review of various reports with
respect to the applications submitted by 1547155 Ontario Ltd. for official plan
and zoning by-law amendments to permit a residential condominium with
grade-level retail at 7751 Yonge Street.
(13.13)
Communication
7. PROCLAMATION
Council consented
to separate Proclamation (1).
(1) PROCLAMATIONS (3.4)
Letters
Kinark
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the following be proclaimed in the Town of
Markham:
- International
Women's Day - March 8, 2006
- International
Women's Week - March 5 to 11, 2006
- United
Nations International Day for The Elimination of Racial Discrimination - March 21, 2006
- Pakistan
National Day - March 23, 2006
- Kidney
Month - March 2006
- Youth
Science Month - March 2006
- Parkinson's
Disease Awareness Month - April 2006
And that the Corporate Communications Department be
requested to publish the proclamations in the Markham Economist and Sun;
And that the Kidney Foundation flag be raised on the
Town of Markham Civic Centre
flagpole for the duration of Kidney Month;
And that the Pakistan
flag be raised on the Town of Markham
Civic Centre flagpole on March 23, 2006.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor K. Usman
Seconded by Councillor G. McKelvey
That Proclamation (1) be amended to add the
following:
That
the following be proclaimed in the Town of Markham:
- Pakistan National Day – March 23,
2006
And that the
Pakistan flag be raised on the Town of Markham Civic Centre flagpole on March 23, 2006.
CARRIED
8. OTHER BUSINESS
Council
consented to separate Other Business (1).
Moved by
Councillor J. Virgilio
Seconded by
Councillor K. Usman
That Other
Business (1) be received and adopted.
(1) STOP UP AND CLOSE A PORTION OF16TH LANE
LOTS 15 AND 16, CONCESSION 4
DESIGNATED AS PARTS 1 TO 9,
PLAN 65R-28243(8.5, 5.17 & 8.7)
Council inquired whether
any persons are in attendance to either support or object to the stop up and
close of a portion of 16th Lane, more
particularly described as Part of the road allowance between Lots 15 and 16,
Concession 4, designated as Parts 1 to 9, Plan 65R-28243.
No
persons were in attendance to either support or object to this matter.
Whereas a notice to close a
portion of 16th Lane, more particularly described as Part of the
Road Allowance between Lots 15 and 16, Concession 4, designated as Parts 1, 2,
3, 4, 5, 6, 7, 8 and 9 on Reference Plan 65R-28243, Town of Markham, Regional
Municipality of York, has been published in the Markham Economist and Sun on
Tuesday, February 21, 2006;
And whereas no persons have
objected thereto this date;
Therefore be it resolved that
a by-law to close a portion of 16th Lane, more particularly
described as Part of the Road Allowance between Lots 15 and 16, Concession 4,
designated as Parts 1, 2, 3, 4, 5, 6, 7, 8 and 9 on Reference Plan 65R-28243,
Town of Markham, Regional Municipality of York, be considered by Council later
in the meeting.
(By-laws 2006-54
and 2006-55)
CARRIED
(Deputy Mayor F. Scarpitti
abstained)
9. BY-LAWS
Council
consented to separate By-laws 2006-54, 2006-55, and 2006-63.
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor J. Jones
That By-laws 2006-48
to 2006-62 be given three readings and enacted.
Three Readings
BY-LAW 2006-48 A by-law to adopt Official Plan Amendment No. 148 (Forest Bay
Homes Ltd., north side of Denison Street
and west of Markham Road - to permit a semi-detached and townhouse development).
(Clause 5, Report No. 10, 2006)
BY-LAW 2006-49 A by-law to amend Zoning By-law 90-81, as amended (Forest Bay
Homes Ltd., north side of Denison Street
and west of Markham Road - to permit a semi-detached and townhouse development).
(Clause 5, Report No. 10, 2006)
BY-LAW 2006-50 A by-law to amend Zoning By-law 304-87, as amended (Cornell
Rouge Development Corporation (Madison Homes), Part
of Lots 13 and 14. Concession 9, south of 16th Avenue, between Markham By-pass and
Reesor Road - To delete the subject lands from the designated area of By-law
304-87, as amended, so that they may be incorporated into By-law 177-96, as
amended, to permit the subject lands to be developed with a plan of
subdivision).
(Clause 6, Report No. 10, 2006)
BY-LAW 2006-51 A by-law to amend Zoning By-law 177-96, as amended (Cornell
Rouge Development Corporation (Madison Homes), Part
of Lots 13 and 14. Concession 9, south of 16th Avenue,
between Markham By-pass and Reesor
Road - To permit the subject
lands to be developed with a plan of subdivision).
(Clause 6, Report No. 10, 2006)
BY-LAW 2006-52 A by-law to amend Zoning By-law 165-80, as amended (Roseport
Investments Limited, 250 Yorktech Drive - To permit four single storey
industrial buildings with restaurants and accessory retail).
(Clause 5, Report No. 37, 2005)
(See Communication No. 15-2006)
BY-LAW 2006-53 A by-law to amend Zoning By-law 165-80, as amended (1199394
Ontario Limited (Longo's Fruit Market), 3085 Highway No. 7 - To incorporate
previously granted minor variances into the zoning by-law, to recognize the
existing food store as a retail store and to permit retail stores).
(Clause 11, Report No. 6, 2006)
(See Communication No. 16-2006)
BY-LAW 2006-54 A by-law to stop up and close a portion of 16th Lane, more
particularly described as Part of the Road Allowance between Lots 15 and 16,
Concession 4, designated as Parts 1 to 9, Plan 65R-28243.
(Other Business (1)) CARRIED
(Deputy Mayor F. Scarpitti abstained)
BY-LAW 2006-55 A by-law to authorize the execution of a Transfer/Deed of Land
to 973125 Ontario Limited for lands legally described as Part of the Road
Allowance between Lots 15 and 16, Concession 4, designated as Parts 1 to 8,
Plan 65R-28243.
(Committee of the Whole Motion - Feb. 14, 2006) CARRIED
(Deputy Mayor F. Scarpitti abstained)
BY-LAW 2006-56 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Lot 18, Concession 6, designated as Part 6, Plan
65R-24278 - Harbord Sreet).
BY-LAW 2006-57 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Woodbine Mackenzie Developments Limited, east of
Woodbine Avenue and north of Major Mackenzie Drive in the East Cathedral
Community, Lots 1, 7, 8 and Block 21, Plan 65M-3867).
BY-LAW 2006-58 A by-law to amend Municipal Law Enforcement Officers
Appointment By-law 2002-178 and Parking By-law 2005-188 (To update the list of
Officers and Private Property Enforcement Companies).
BY-LAW 2006-59 A by-law to amend Zoning By-law 165-80, as amended (Jolis
Investments, west side of Woodbine Avenue, north of 16th Avenue at Calvert Road
- To amend maximum floor area ratios on a site-specific basis and revise lot
frontage and lot area requirements of the zoning by-law as they apply to the
subject lands).
(Clause 7, Report No. 8, 2006)
BY-LAW 2006-60 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Lot 15, Concession 9, designated as Part 1 (Lane BB), Part
2 (Lane R1), Plan 65R-28095)
BY-LAW 2006-61 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (1209094 Ontario Inc., 152 Main Street North, Part of Block M, Plan 18, designated as Parts 3 and 4, Plan
65R-28577).
BY-LAW 2006-62 A by-law to amend Zoning By-law 2237, as amended (Shouldice
Hospital Limited, 7750 Bayview Avenue - Town initiated amendment and revisions
to conditions of draft plan of subdivision approval).
(Clause 8, Report No. 8, 2006)
CARRIED
Moved by Councillor
K. Usman
Seconded by
Regional Councillor J. Jones
That Council
resolve into Committee of the Whole in-camera.
CARRIED
9. BY-LAWS – cont'd
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor J. Jones
That By-law
2006-63 be given three readings and enacted.
Three Readings
BY-LAW 2006-63 A by-law to confirm the proceedings of the Council meeting of February 28, 2006.
(Council Meeting No. 5, 2006)
CARRIED
10. ADJOURNMENT
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That the meeting do adjourn.
CARRIED
Council
adjourned at 9:35 p.m.
__________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, DEPUTY MAYOR
(Signed)