Council
Minutes
June
27, 2017, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 10
Alternate
formats for this document are available upon request
Roll
Call
Deputy Mayor
Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li (left at
9:40 PM), Regional Councillor Nirmala Armstrong, Councillor Valerie Burke,
Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Councillor
Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi (arrived
at 7:24 PM), Councillor Alex Chiu.
Regrets
Mayor Frank
Scarpitti.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Jim Baird, Commissioner of Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Brian Lee, Director of
Engineering
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
Chris Alexander, Acting
Manager of By-law & Regulatory Services
The meeting of
Council convened at 7:11 PM on June 27, 2017 in the Council Chamber.
Deputy Mayor
Jack Heath presided.
Moved by
Councillor Amanda Collucci
Seconded by
Councillor Karen Rea
That Council
recess at 8:31 PM and reconvene at 8:37 PM.
Carried
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES - JUNE 13, 2017
Minutes
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Jim Jones
1) That the Minutes of the
Council Meeting held on June 13, 2017, be adopted.
Carried
Councillor Alex Chiu introduced and
welcomed 7th Milliken Scouts Group of Scouts Canada to the Council
meeting. The scouts wished Canada a
Happy 150th Birthday and Council reminded everyone of the
celebrations the City has planned for Canada Day at Milne Park.
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
(1) DEPUTATIONS
- WHISTLE CESSATION ON STOUFFVILLE GO LINE
– JUNE 2017 PROGRESS UPDATE (WARDS 3, 4, 5
& 8) (5.12)
The following
individuals addressed Council and spoke in support of whistle cessation on Stouffville
GO line:
- Shanta
Sundarason
- Ioulia
Khadiyev
- Rosemary
Lam
5. COMMUNICATIONS
Moved by Councillor
Alan Ho
Seconded by Councillor
Don Hamilton
That Council
receive and consent to the disposition of communications in the following
manner:
Received
23-2017 NOMINATIONS FOR THE 2018 COUNCIL AWARD
(12.2.6)
Letter
The College of Physicians and
Surgeons of Ontario is accepting nominations for the 2018 Council Award. The Council Award honours outstanding Ontario
physicians who have demonstrated excellence and embody society's vision of an
ideal physician. The deadline for
receipt of nominations is October 2, 2017.
Carried
24-2017 ONTARIO MEDAL
FOR GOOD CITIZENSHIP NOMINATIONS (13.2)
Letter
Minister
of Citizenship and Immigration calling nominations for the 2017 Ontario Medal
for Good Citizenship to honour Ontarians who, through exceptional, long-term
efforts, have made outstanding contributions to community life. The deadline
for nominations is July 17, 2017.
Carried
25-2017 SPECIAL OCCASION
LIQUOR PERMIT FOR GREEK ORTHODOX COMMUNITY OF MARKHAM (WARD 6) (3.21)
Info
Requesting
an approval from the City of Markham to designate their Annual Greek Summer
Festival being held from July 21 to 23 and July 28 to 30, 2017 at 11359 Warden
Avenue as an event of Municipal Significance. The City's designation is a
requirement of the Alcohol and Gaming Commission of Ontario (AGCO) to support
the application of a Special Occasion Liquor Permit.
Carried
26-2017 MEMORANDUM -
HOLD REMOVAL BY-LAW, 2426483 ONTARIO LTD. (WYVIEW GROUP), 3972 HIGHWAY 7, (WEST
SIDE OF VILLAGE PARKWAY, NORTH OF HIGHWAY 7) (WARD 3), FILE NO. ZA 16 150875 (10.5)
Memo
Memorandum
dated June 27, 2017 from the Commissioner of Development Services providing an
updated regarding the application for 2426483 Ontario Ltd. (Wyview Group), 3972
Highway 7, and recommending the approval of the proposed Hold Removal By-law
with respect thereto.
(By-law 2017-68)
Carried
27-2017 MEMORANDUM -
HOLD REMOVAL BY-LAW, WYKLAND ESTATES INC. (MATTAMY CORNELL CENTRE), PROPOSED
6-STOREY MIXED USE BUILDING CONTAINING 100 APARTMENT UNITS AND 5
NON-RESIDENTIAL UNITS, AS WELL AS A 6 UNIT STACKED TOWNHOUSE BUILDING AT THE
SOUTHEAST CORNER OF BUR OAK AVENUE AND RUSTLE WOODS AVENUE - CORNELL CENTRE,
PLANNING FILE: ZA 17 135999 (WARD 5)
(10.5)
Memo
Memorandum dated June 27, 2017 from the Commissioner of Development
Services providing an updated regarding the application for Wykland Estates
Inc. and recommending the approval of the proposed Hold Removal By-law with
respect thereto.
(By-law 2017-69)
Carried
28-2017 MEMORANDUM -
HOLD REMOVAL BY-LAW, 2124123 ONTARIO LTD. (FORMERLY SCARDRED COMPANY LIMITED),
3940 HIGHWAY 7 (NORTH SIDE OF HIGHWAY 7, WEST OF VILLAGE PARKWAY), WARD 3, FILE
NO. ZA 17 165364 (10.5)
Memo
Memorandum dated June 27, 2017 from the Commissioner of Development
Services providing an updated regarding the application for 2124123 Ontario
Ltd. (Formerly Scardred Company Limited), 3940 Highway 7 and recommending the
approval of the proposed Hold Removal By-law with respect thereto.
(By-law 2017-77)
6. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Amanda Collucci
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Franco-Ontarian Day
(September 25, 2017);
- National Seniors Day
(October 1, 2017);
- Wrongful Conviction
Day (October 2, 2017; and,
2) That
the following requests for flag to be raised at the Anthony Roman Markham Civic
Centre flagpole, approved by the City Clerk in accordance with the City of
Markham Community Flag Raisings & Flag Protocol Policy, be received for
information purposes:
- Franco-Ontarian Flag
(September 25, 2017)
(Organized by the
Association of Francophones in the York Region Inc.)
- National
Seniors Day Flag (October 1, 2017)
(Organized by Senior's Hall of Fame Committee
& CHATS)
Carried
7(A) REPORT NO. 32 - DEVELOPMENT SERVICES
COMMITTEE
(June 12, 2017)
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Colin Campbell
That Report
No. 32 - Development Services Committee comprised of 4 items be received and
adopted.
(1) VENTURELAB ANNUAL GENERAL MEETING
AND NEW BY-LAWS (10.16)
Presentation
1) That the presentation
by Jeremy Laurin, CEO, VentureLAB, regarding VentureLAB Annual General Meeting
and new By-laws, be received; and,
2) That the proposed
By-law amendments respecting VentureLAB, be endorsed.
Carried
(2) COMMERCIAL
FAÇADE IMPROVEMENT
GRANT PROGRAM FOR 2017 (16.11)
Report
1) That
the report entitled “Commercial Façade Improvement Grant Program for 2017”,
dated June 12, 2016, be received; and,
2) That
Council supports a matching grant of up to $ 10,452.50 for the replication of
the missing front porch at 48 Washington Street based on surviving physical
evidence and appropriate period design, provided the owner enters into a
Heritage Conservation Easement Agreement with the City, removes existing
grandfathered inappropriate commercial signage, and obtains a building permit
and/or site plan approval for the proposed front porch; and,
3) That
Council authorizes the Mayor and Clerk to enter into a Façade Easement
Agreement with the owners of 48 Washington Street for any grant amount
exceeding $5,000.00 (required for grant assistance over $5,000.00); and,
4) That
the identified grant be funded from the Commercial Façade Improvement Program
Account 620-101-5699-17034 which has a budget of $25,000.00 for the year 2017;
and,
5) That
the unallocated funds from the 2017 Commercial Façade Improvement Grant Program
totaling $14,547.50 be transferred to the 2017 Designated Heritage Property
Grant Program (Account 620-101-5699-17031); and further
6) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) DESIGNATED
HERITAGE PROPERTY
GRANT APPLICATIONS - 2017
(16.11)
Report
1) That
the report entitled “Designated Heritage Property Grant Applications -2017”
dated June 12, 2017, be received; and,
2) That
Designated Heritage Property Grants for 2017 be approved in the amounts noted
for the following properties, totaling $44,547.00, provided that the applicants comply with
eligibility requirements of the program;
1. 19
George Street, Markham-up to $5,000.00 for the replication or restoration of
the front porch;
2. 248
Main Street North, Markham-$3,366.85 for the restoration of the wooden
decorative gable elements and repair of concrete front porch;
3. 30
Washington Street, Markham-$5,000.00 for the restoration of the wooden exterior
cladding and decorative elements;
4. 36
Peter Street, Markham-$5,000.00 for the replication of missing gable
decorations and corbels;
5. 10
David Gohn Circle, Markham Heritage Estates-$7,500.00 for the replacement of
the cedar shingle roof;
6. 23
Victoria Avenue, Unionville-$3,842.00 for the production of faux gable end
chimneys;
7. 12
David Gohn Circle, Markham Heritage Estates-$7,500.00 for the production of
faux gable end chimneys and replacement of the cedar shingle roof;
8. 22
George Street, Markham-$3,220.50 for the repair of the historic windows,
production of new storm windows, cleaning and repair of brick walls;
9. 15
Church Lane, Thornhill-$1,400.00 for the replication of wooden crosses at the
top of the manse gables and church bell cote;
10. 309
Main Street North, Markham-$1,521.88 for the re-conditioning of the historic
wooden windows and production of new storm windows;
11. 370
Main Street North, Markham, $1,195.77 for the installation of a historically
appropriate front door and picture windows; and,
3) That
Council does not support the grant request for the replacement of the shingle
roof for the accessory building at 6 David Gohn Circle because it is not a
heritage building; and,
4) That
Council does not support the grant request to make structural improvements to
the floor at 17 Mill Street , because the work is not visible to the public, is
not required for the long term preservation of the building, and it proposes
to demolish the existing stone
foundation which is a heritage attribute of the property; and,
5) That
Council does not support the grant request to recondition the windows at 99
Y.M.C.A. Boulevard because it could be perceived as rewarding poor stewardship
of the building as it was restored in 2008, but has been left vacant and
unprotected from the elements and vandalism; and,
6) That
the grants be funded through the Designated Heritage Property Grant Project
Fund, Account 620-101-5699-17031 ($30,000.00 available for 2017); and,
7) That
the amount of grant assistance recommended for approval, in excess of the
$30,000.00 available for 2017 Designated Heritage Property Grant program, be
funded through remaining funds from the
2017 Commercial Façade Improvement/Signage Replacement Grant program Project
Fund, 620-101-5699-17034 ($14,547.50 remaining); and,
8) That
any grant monies allocated to the 2017 Program that are not utilized be
returned to the Heritage Loan Fund Reserve (87-2800-125) as per Council policy;
and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) LETTER
OF CREDIT
26 ALBERT STREET, MARKHAM
VILLAGE
(WARD 4) (7.0, 16.11)
Memo
1) That the deputation by Michael Crabtree, owner of 26 Albert
Street, be received; and,
2) That the memorandum dated May 23, 2017 entitled "Letter
of Credit - 26 Albert Street, Markham Village" be received.
Carried
7(B) REPORT NO. 33 - GENERAL COMMITTEE (June 19,
2017)
Moved by Councillor
Karen Rea
Seconded by Regional
Councillor Joe Li
That Report
No. 33 - General Committee comprised of 3 items be received and adopted, except
Item No. 3. (See following Item No. 3)
(1) QUALITY
MANAGEMENT
SYSTEM – MANAGEMENT REVIEW
(5.3)
Report Attachment
A
1) That
the report titled “Quality Management System – Management Review” be received;
and,
2) That
the report on Quality Management System to Council from Management Review
(Attachment “A”), be received; and,
3) That
Council, as the Owner of the City’s drinking water system, acknowledge and
support the outcome and action items identified from the Management Review; and
further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) REQUEST FOR PROPOSAL 002-R-17
SUPPLY & DELIVERY OF CUSTODIAL SUPPLIES
(YORK REGION BUYERS COOPERATIVE
RFP 2017-23-P) (7.9)
Report
1) That
the report “Request for Proposal 002-R-17 Supply & Delivery of Custodial Supplies (York Region Buyers
Cooperative RFP 2017-23-P)” be received; and,
2) That
Request for Proposal 002-R-17 contract for the supply & delivery of
custodial supplies (Paper, Soap, Chemicals and Protective Personal Equipment) be
awarded to the highest ranked / lowest priced supplier, Swish Maintenance
Limited in the estimated annual amount of $400,000 inclusive of HST impact;
and,
3) That
Request for Proposal 002-R-17 contract for the supply & delivery of
custodial supplies (bags, equipment and miscellaneous items) be awarded to the
highest ranked / lowest priced supplier, Mr. Chemical Limited in the estimated
annual amount of $100,000 inclusive of HST; and,
4) That
the term of the contract be from June 1, 2017 to March 31, 2020 at the same
itemized pricing; and,
5) That the contract be funded from various
accounts within the Recreation and Fire & Emergency Services annual
operating budget, subject to Council approval of the 2018 to 2019 operating
budgets; and,
6) That
the Director of Recreation and Senior Manager, Purchasing & Accounts
Payable be authorized to extend the contract for two (2) additional years
(April 1, 2020 – March 31, 2022) subject to the supplier performance, price
mutually agreed upon with the suppliers and York Region Buyers Cooperative and subject to Council
approval of the 2020 to 2022 operating budgets; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) NOISE
CONTROL BY-LAW
REVIEW AND UPDATE (2.10)
Report Appendix
A Appendix
B Appendix
C
Update
Memo
Chris Alexander, Acting
Manager of By-law & Regulatory Services, provided clarification on the
update memo included in the revised agenda.
Moved by
Councillor Valerie Burke
Seconded by
Regional Councillor Jim Jones
1) That
the Noise Control By-law Review and Update Report be received; and,
2) That
the update memorandum dated June 26, 2017 be received; and,
3) That
the Noise Control By-law 2003-137 attached as Appendix “A” be rescinded; and,
4) That
Noise Control By-law 2003-137 prohibit construction noise prior to 9 a.m. and
after 5:00 p.m. on Saturdays; and,
5) That
the draft Noise Control By-law attached as Appendix “B” be approved and placed
on the next Markham City Council agenda for adoption; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(C) REPORT NO. 34 - DEVELOPMENT SERVICES PUBLIC
MEETING
(June 20, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRELIMINARY
REPORT
APPLICATION BY 2504373 ONTARIO
INC.
FOR A ZONING BY-LAW AMENDMENT
TO FACILITATE THE RENOVATION
AND
EXPANSION TO THE EXISTING SINGLE
DETACHED DWELLING
TO ACCOMMODATE COMMERCIAL USES
INCLUDING
MEDICAL OFFICE, RESTAURANT AND
RETAIL USES
NORTH OF ENTERPRISE
BOULEVARD/UNIONVILLE GATE
ON THE EAST SIDE OF MAIN STREET
37 MAIN STREET (WARD 3)
FILE NO: ZA 16 178440 (10.5)
Report
1) That the report dated May 23, 2017
titled “PRELIMINARY REPORT, Application by
2504373 Ontario Inc. for a Zoning By-law Amendment to facilitate the
renovation and expansion to the existing single detached dwelling to
accommodate commercial uses including medical office, restaurant and retail
uses north of Enterprise Boulevard/Unionville Gate, on the east side of Main
Street (File No. ZA 16 178440)”, be received; and,
2) That the Record of the Public Meeting
held on June 20, 2017, with respect to the proposed Zoning By-law Amendment to
facilitate the renovation and expansion to the existing single detached
dwelling to accommodate commercial uses including medical office, restaurant
and retail uses north of Enterprise Boulevard/Unionville Gate, on the east side
of Main Street (File No. ZA 16 178440), be received; and,
3) That the application by 2504373 Ontario
Inc. to amend the zoning by-law to facilitate the renovation and expansion to
the existing single detached dwelling to accommodate commercial uses including
medical office, restaurant and retail uses north of Enterprise
Boulevard/Unionville Gate, on the east side of Main Street (File No. ZA 16
178440), be approved; and,
4) That the proposed amendment to Zoning
By-laws 304-87 and 177-96, as amended, be enacted without further notice; and
further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(2) PRELIMINARY
REPORT
CADILLAC FAIRVIEW CORPORATION
LTD.
APPLICATION FOR ZONING BY-LAW
AMENDMENT
TO PERMIT A MOTOR VEHICLE
SALES ESTABLISHMENT
AND ACCESSORY MOTOR VEHICLE
SERVICE STATION
AND MOTOR VEHICLE REPAIR
GARAGE, AND INCORPORATE
PREVIOUSLY APPROVED MINOR
VARIANCES AT
MARKVILLE MALL SHOPPING CENTRE
5000 HIGHWAY 7 (WARD 3)
FILE NO. ZA 17 156158 (10.5)
Report
1)
That the written submissions from Theresa Winkler, Claudette Hughes,
Radoslaw Kalkowski, Mark Cardoza, Sona Lalwani, Francis, John and Linda Mark,
and Mary Caporusso of the Unionville Ratepayers
Association, regarding
the application by Cadillac Fairview Corporation Ltd., Markville Mall, be
received; and,
2)
That the deputations by Mary Caporusso of the
Unionville Ratepayers Association, Debbie Rolland, Reid McAlpine of the Unionville
Residents Association, and Alick Siu, regarding the application by Cadillac Fairview Corporation Ltd.,
Markville Mall, be received; and,
3) That the Development Services Commission report dated June
12, 2017, entitled “Preliminary Report, Cadillac Fairview Corporation Ltd.,
Application for Zoning By-law Amendment to permit a motor vehicle sales
establishment and accessory motor vehicle service station and motor vehicle
repair garage, and incorporate previously approved minor variances at Markville
Mall Shopping Centre, 5000 Highway 7 (Ward 3), File No. ZA 17 156158” be
received; and,
4) That the Record of the Public Meeting
held on June 20, 2017 with respect to the proposed Zoning By-law Amendment
application, be received; and,
5) That the application by Cadillac
Fairview Corporation Ltd. for a proposed Zoning By-law Amendment (ZA 17 156158)
be approved and the draft Zoning
By-law Amendment be finalized and enacted without further notice; and further,
6) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
(3) PRELIMINARY
REPORT
KYLEMORE COMMUNITIES (YORKTON)
LIMITED
ZONING BY-LAW AMENDMENT
APPLICATION
TO PERMIT 132 TOWNHOUSE UNITS
AT 9350-9392 KENNEDY ROAD
AVENUE
(WEST SIDE OF KENNEDY ROAD AND
NORTH OF 16TH
AVENUE AT BECKETT AVENUE), WARD 6
FILE NO: ZA 17 154127 (10.5)
Report
1) That the report dated May 23, 2017
titled “PRELIMINARY REPORT, Kylemore Communities (Yorkton) Limited, Zoning
By-law Amendment Application to permit 132 Townhouse units at 9350-9392 Kennedy
Road Avenue (West side of Kennedy Road and north of 16th Avenue at
Beckett Avenue), Ward 6”, be received; and,
2) That the Record of the Public Meeting
held on June 20, 2017 with respect to the proposed Zoning By-law Amendment
application, be received; and,
3) That the application by Kylemore
Communities (Yorkton) Limited
for a proposed Zoning By-law Amendment (ZA 17 154127) to increase the permitted building
height, reduce the minimum setback to a public street and to increase the
maximum permitted height of the finished first floor, be approved and the
draft Zoning By-law Amendment be finalized and enacted without further notice;
and further,
4) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
7(D) REPORT NO. 35 - DEVELOPMENT SERVICES
COMMITTEE
(June 26, 2017)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
That Report
No. 35 - Development Services Committee comprised of 6 items be received and
adopted, except Item Nos. 1 and 5. (See
following Item Nos. 1 and 5)
(1) CYCLING
AND PEDESTRIAN ADVISORY
COMMITTEE (CPAC) MINUTES
- MAY 18, 2017 (16.34)
Minutes Memo
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Councillor Valerie Burke
1)
That the
deputations by Peter Miasek representing CPAC, and Afraj Gill, of Dropbike,
regarding matters within the minutes of the CPAC meeting, be received; and,
2) That
the memorandum dated June 27, 2017 from the Director of Engineering titled
"Bike Sharing" be received; and,
3) That
staff be requested to bring forward an information report regarding bike
sharing technology, and opportunities for bike sharing in the City of Markham,
for consideration by Development Services Committee; and further,
4) That
the minutes of the Cycling and Pedestrian Advisory Committee (CPAC) meeting
held May 18, 2017, be received for information purposes.
Carried
(2) DEMOLITION
PERMIT APPLICATION
AND INTENTION TO DESIGNATE A
PROPERTY
UNDER PART IV OF THE ONTARIO
HERITAGE ACT
NAME: ALEXANDER MCPHERSON
HOUSE
ADDRESS: 31 VICTORY AVENUE
OWNER: 31 VICTORY DEVELOPMENT
INC.
FILE NO. 17 165027 DP (16.11.3
& 10.13)
Report
1) That
the report titled “Demolition Permit Application and Intention to Designate a
Property under Part IV of the Ontario Heritage Act, Name: Alexander
McPherson House, Address: 31 Victory Avenue”, dated June 26, 2017, be received;
and,
2) That
Council refuse the Demolition Permit Application for the Alexander McPherson
House at 31 Victory Avenue on the basis of its cultural heritage value or
interest; and,
3) That
as recommended by Heritage Markham, the Alexander McPherson House at 31 Victory
Avenue be approved for designation under Part IV of the Ontario Heritage Act
as a property of cultural heritage value or interest; and,
4) That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
5) That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be authorized to place a
designation by-law before Council for adoption; and,
6) That
if there are any objections in accordance with the provisions of the Ontario
Heritage Act, the Clerk be directed to refer the proposed designation to
the Ontario Conservation Review Board; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) COMMENTS
ON BILL 139
THE BUILDING BETTER COMMUNITIES
AND
CONSERVING WATERSHEDS ACT
FILE: ZA 17 164737 (10.0)
Report
1) That
the report entitled “Comments on Bill 139, The Building Better
Communities
and Conserving Watersheds Act”, be received; and,
2) That Council endorse this Staff report and submit it to the
Province, along with the Council resolution, as the City of Markham’s comments
on Schedule 3 of Bill 139; and,
3) That
Staff be directed to participate in any public hearings regarding Bill 139 by
providing feedback to the Province in accordance with the comments set out in
this Report; and,
4) That
the Staff report be forwarded to the Association of Municipalities of Ontario
(AMO); and further
5) That
Staff report back to Development Services Committee once Bill 139 receives
Royal Assent.
Carried
(4) ROUGE
VALLEY TRAIL (MUP)
– OPERATION & MAINTENANCE
PLAN
AND LIFE CYCLE COST SUMMARY –
WARD 3, 4 & 7 (6.3)
Report
1)
That the report
entitled “Rouge Valley Trail (MUP) – Operation & Maintenance Plan and Life
Cycle Cost Summary” be received; and,
2)
That Operation & Maintenance
Plan and Life Cycle Cost Summary as identified in Attachment ‘A’ to this report
be approved for Operations and Environmental Services Department budgeting
purposes; and further,
3)
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(5) WHISTLE
CESSATION ON STOUFFVILLE GO LINE
– JUNE 2017 PROGRESS UPDATE (WARDS 3, 4, 5
& 8) (5.12)
Report
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Don Hamilton
1) That
the report dated June 26, 2017 entitled “Whistle Cessation on Stouffville GO
Line – June 2017 Progress Update (Wards 3, 4, 5 & 8)” be received; and,
2) That
the Mayor and Clerk be authorized to enter into agreements and/or memoranda of
understanding with Metrolinx and York Region for construction of crossing
safety features and implementation of whistle cessation at 13 crossings on the
Stouffville GO Line, in a form satisfactory to the City Solicitor and the Chief
Administrative Officer; and,
3) That
the Mayor and Clerk be authorized to enter into At-Grade Crossing Modification
Agreements, Crossing Agreements or similar agreements (as required) with
Metrolinx for modification of the existing crossings to incorporate new
crossing safety features and to implement whistle cessation at 13 crossings on
the Stouffville GO Line, in a form satisfactory to the City Solicitor and the
Chief Administrative Officer; and,
4) That
the Mayor and Clerk be authorized to enter into the Metrolinx Liability/
Insurance/Indemnity Agreement or similar agreement (as required), which
requires the road authorities to obtain insurance and assume full
responsibility/liability for any claims, damages, etc., resulting from
incidents that arise from or would not have arisen but for whistle cessation,
in a form satisfactory to the City Solicitor and the Chief Administrative
Officer (CAO); and,
5) That the City of Markham immediately
contact the Province of Ontario and Metrolinx with an urgent request to
eliminate any trains, including special purpose trains, through Markham any
earlier than the 5:15 AM southbound train from Lincolnville Station and any
later than the 7:18 PM northbound train from Union Station, until such time as
whistle cessation is in effect; and,
6) That a copy of this
recommendation be sent to all MPPs in Markham; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried as amended
(See following recorded vote for Resolution No. 4)
(10:2)
(See following to amend the proposed recommendation)
(See following to consider the matter)
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen
Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones,
Deputy Mayor Jack Heath, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu. (10)
NAYS: Regional
Councillor Joe Li, Councillor Colin Campbell. (2)
ABSENT: Mayor
Frank Scarpitti
Moved by Regional Councillor
Nirmala Armstrong
Seconded by Councillor Don Hamilton
That the following be added as Resolution Nos. 5 and 6 to the proposed
recommendation:
"5) That the City of Markham immediately
contact the Province of Ontario and Metrolinx with an urgent request to
eliminate any trains, including special purpose trains, through Markham any
earlier than the 5:15 AM southbound train from Lincolnville Station and any
later than the 7:18 PM northbound train from Union Station, until such time as
whistle cessation is in effect; and,
6) That a copy of this
recommendation be sent to all MPPs in Markham;"
Carried
Moved by Regional Councillor Jim
Jones
Seconded by Councillor Logan Kanapathi
That Council
consider the whistle cessation on Stouffville GO line matter immediately following
the deputations with respect thereto.
Carried
(6) BUSINESS
MISSION TO JAPAN
NOVEMBER 25 – DECEMBER 2 2017
(10.16)
1) That
Council approve Councillor Colin Campbell to join the Business Mission to Japan November 25 – December 2, 2017.
Carried
8. MOTIONS
There were no
motions.
9. NOTICE OF MOTION TO RECONSIDER
There was no
notice of motion to reconsider.
10. NEW/OTHER BUSINESS
(1) RICE
GROUP
11258 WOODBINE AVENUE
ZA 16 106902 (10.5)
Moved by Councillor
Alan Ho
Seconded by Regional
Councillor Nirmala Armstrong
1) That in accordance with
the provisions of subsection 45(1.4) of the Planning Act, R.S.O. 1990, c.P.13,
as amended, the owner shall, through this Resolution, be permitted to apply to
the Committee of Adjustment for a variance from the provisions of Zoning By-law
2017-65, before the second anniversary of the day on which the by-law was
approved by Council.
(By-law 2017-65)
Carried
(See following to consider)
Moved by Regional Councillor Jim Jones
Seconded by Regional Councillor Nirmala Armstrong
That Council consider the Rice Group matter immediately following
the consideration of the Holborn Group matter.
Carried
(2) SPECIAL
DEVELOPMENT SERVICES COMMITTEE MEETINGS
- SEPTEMBER 12 AND DECEMBER 4,
2017(16.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Karen Rea
1) That the following
Special Development Services Committee meeting dates be approved:
- September
12, 2017, 7:00 PM (7 Town Crier Lane matter).
- December
4, 2017, 7:00 PM (Comprehensive Zoning By-Law Project).
Carried
(3) FUNDING
AND AUTHORIZATION FOR
INTERNATIONAL TRAVEL TO ATTEND
“BELT AND ROAD” SUMMIT IN HONG
KONG
AND SOUTHERN CHINA, SEPT.
10-13, 2017 (10.16)
Presentation
This matter was postponed
directly from the June 26, 2017 Development Services Committee meeting.
Councillor
Alan Ho and Regional Councillor Jim Jones were nominated to attend. There are sufficient funds for one participant
to attend. Joel Lustig, Treasurer,
provided a presentation on the AMO and FCM conference
expenses for the last five years.
Moved by Councillor
Valerie Burke
Seconded by Councillor
Amanda Collucci
1) That funding be
provided for one Markham Council member to participate in the forthcoming “Belt
and Road” Summit in Hong Kong and Southern China from September 10 to 13, 2017.
Carried
(See following
motion which was lost)
Moved by Councillor Valerie Burke
Seconded by Councillor Colin Campbell
That the Region of York be requested to fund a Markham Regional
Councillor to participate in the forthcoming “Belt and Road” Summit in Hong
Kong and Southern China from September 10 to 13, 2017.
Lost
(4) 1659139
ONTARIO INC. (HBNG HOLBORN GROUP)
BLOCKS 299, 300 AND 301, PLAN
65M-4026
NORTH OF ELGIN MILLS ROAD,
WEST OF WOODBINE AVENUE
APPLICATIONS FOR OFFICIAL PLAN
AND
ZONING BY-LAW AMENDMENTS, AND
DRAFT PLAN OF SUBDIVISION
APPROVAL
FILE NO.’S: OP 13 116651 AND
ZA/SU 15 116651
(WARD 2) (10.3 AND 10.5)
Memo
Moved by Councillor
Alan Ho
Seconded by Councillor
Colin Campbell
1)
That the
memorandum dated June 27, 2017 titled, “1659139 Ontario Inc. (HBNG Holborn
Group), Blocks 299, 300 and 301, Plan 65M-4026,
North of Elgin Mills Road, west of Woodbine Avenue, Applications for
Official Plan and Zoning By-law amendments, and Draft Plan of Subdivision Approval”,
be received; and,
2) That
the attached Official Plan Amendment be adopted and the attached Zoning By-law
Amendments be enacted; and further,
3) That in accordance with the provisions of
subsection 45(1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the
owner shall, through this resolution, be permitted to apply to the Committee of
Adjustment for a variance from the provisions of the Zoning By-law within two
years of its approval by Council.
(By-law
2017-78 and 2017-79)
Carried
(See following to consider the matter)
Moved by Councillor Colin Campbell
Seconded by Councillor Alex Chiu
That Council
consider the Holborn Group matter immediately following the consideration of
Report No. 33 from General Committee.
Carried
11. ANNOUNCEMENTS
(1) PAUL
HARRIS AWARD
OF ROTARY CLUB OF MARKHAM
UNIONVILLE (12.2.6)
Council
congratulated Andy Taylor, Chief Administrative Officer, on receiving the Paul
Harris Award from Rotary Club of Markham Unionville.
12. BY-LAWS
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Nirmala Armstrong
That Council
consider By-law 2017-77 immediately following the consideration of the
Communication Section of the Council Agenda; and,
That By-law
2017-77 be given three readings and enacted.
Carried
Moved by
Councillor Alan Ho
Seconded by
Councillor Colin Campbell
That By-laws
2017-78 and 2017-79 be given three readings and enacted.
Carried
(See following to consider)
Moved by Councillor Colin
Campbell
Seconded by Councillor Alex Chiu
That Council
consider By-laws 2017-78 and 2017-79 immediately following the consideration of
Report No. 33 from General Committee.
Carried
Moved by
Councillor Alan Ho
Seconded by
Regional Councillor Nirmala Armstrong
That By-law
2017-65 be given three readings and enacted
Carried
(See following to consider)
Moved by Regional Councillor Jim
Jones
Seconded by Regional Councillor Nirmala
Armstrong
That Council consider By-law 2017-65 immediately following the
consideration of By-laws 2017-78 and 2017-79.
Carried
Moved by
Councillor Don Hamilton
Seconded by
Councillor Alex Chiu
That By-laws
2017-64, 2017-66 to 2017-74 and 2017-76 be given three readings and enacted.
Moved by
Councillor Don Hamilton
Seconded by Councillor
Alex Chiu
That By-laws 2017-80
and 2017-81 be given three readings and enacted
Carried
Three Readings
BY-LAW 2017-64 A BY-LAW TO APPOINT DEPUTY FIRE CHIEFS FOR THE CORPORATION OF
THE CITY OF MARKHAM (ADAM GRANT AND CHRIS NEARING)
By-law
Carried
BY-LAW 2017-65 RICE GROUP, 11258 WOODBINE AVENUE, ES HONDA BOULEVARD, ZONING
BY-LAW AMENDMENT
A by-law to amend By-law 177-96, as amended,
to facilitate the development of a two storey office building.
(New/Other Business Item No. 1)
By-law
Carried
BY-LAW 2017-66 PETER
AND GRACE CASAGRANDE, 69 AND 71 CHATELAINE DRIVE, HOLD REMOVAL BY-LAW
A by-law amended By-law 90-81, as amended, to
permit the construction of two single family detached dwellings, west of
Chatelaine Drive, south of Highway 407, east of Markham Road.
By-law
Carried
BY-LAW 2017-67 CORINNE MARTON, 65 AND 67 CHATELAINE DRIVE, HOLD
REMOVAL BY-LAW
A by-law to amend By-law 90-81, as amended,
to permit the construction of two single detached dwellings, west of Chatelaine
Drive, south of Highway 407, east of Markham Road.
By-law
Carried
BY-LAW 2017-68 2426483 ONTARIO LTD (WYVIEW GROUP), 3972 HIGHWAY 7 EAST, HOLD
REMOVAL BY-LAW
A by-law to amend By-law 118-79, as amended,
to permit the development of apartment buildings and townhouses, west of
Village Parkway and north of Highway 7.
(Communication No. 26-2017)
By-law
Carried
BY-LAW 2017-69 WYKLAND ESTATES INC. (MATTAMY CORNELL CENTRE), BLOCK 28, PLAN
65M 4526, HOLD REMOVAL BY-LAW
A by-law to amend By-law 177-96, as amended,
to permit the property to be developed with a mixed use apartment building,
southeast corner of Bur Oak Avenue and Rustle Woods Avenue.
(Communication No. 27-2017)
By-law
Carried
BY-LAW 2017-70 SHINING HILL HOMES (JOHN) INC., 360 JOHN STREET, PART LOT
CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Plan 2382, Part Lots 6 and 13, 65R-36877, Part 1, Bock 15, north
of John Street, east of Bayview Avenue and west of Aileen Road.
By-law
Carried
BY-LAW 2017-71 ROAD DEDICATION BY-LAW (MARKLAND STREET)
A
by-law to dedicate certain lands as part of the highways of the City of Markham
(Part of Lots 17 and 18, Concession 3, designated as
Parts 6, 7, 9 and 10, Plan 65R-28479 and Parts 1, 2, 3, Plan 65R-37124 -
Markland Street)
By-law
Carried
BY-LAW 2017-72 AURELIO FILICE, 105 IAN BARON AVENUE, PART LOT CONTROL
EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Parts 1, 2 and 3, on Reference
Plan 65R-36904, being part of Lot 6, Plan 2196, south of Ian Baron Avenue, east
of Harry Cook Drive.
By-law
Carried
BY-LAW 2017-73 A BY-LAW TO ADOPT MARKHAM’S EMERGENCY MANAGEMENT PROGRAM AND
EMERGENCY RESPONSE PLAN
(Repeals By-law 2011-229)
(Item No. 2, Report No. 30 - June 13, 2017
Council Meeting)
By-law
Carried
BY-LAW 2017-74 A BY-LAW TO REGULATE NOISE IN THE CITY OF MARKHAM (NOISE
BY-LAW)
(Repeals Noise By-law 2003-137)
(Item No. 3, Report No. 33)
By-law
Carried
BY-LAW 2017-76 KYLEMORE COMMUNITIES (YORKTON) LIMITED, 9350 TO 9392 KENNEDY
ROAD, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 177-96, as amended,
to permit townhouse units.
(Item No. 3, Report No. 34)
By-law
Carried
BY-LAW 2017-77 2124123 ONTARIO LTD. (FORMERLY SCARDRED COMPANY LIMITED), 3940
HIGHWAY 7, HOLD REMOVAL BY-LAW
A by-law to amend By-law 118-79, as amended,
to remove the Hold (H) provision from the subject lands to permit them to be
developed with townhouses.
(Communication No. 28-2017)
By-law
Carried
BY-LAW 2017-78 1695139 ONTARIO INC. (HBNG HOLBORN GROUP), BLOCKS 299, 300 AND
301, PLAN 65M-4026, NORTH OF ELGIN MILLS ROAD AND WEST OF WOODBINE AVENUE
BY-PASS, AMENDMENT TO THE NEW COUNCIL ADOPTED OFFICIAL PLAN (2014), AS AMENDED
A by-law to adopt an Official Plan Amendment No.
12 to the new Council adopted Official Plan (2014), as amended, to permit
residential development.
(Item No. 2, Report No. 43 - November 15,
2016 Council Meeting)
(New/Other Business Item No. 4)
By-law
Carried
BY-LAW 2017-79 1695139 ONTARIO INC. (HBNG HOLBORN GROUP), BLOCKS 299, 300 AND
301, PLAN 65M-4026, NORTH OF ELGIN MILLS ROAD AND WEST OF WOODBINE AVENUE
BY-PASS, ZONING BY-LAW AMENDMENT
A by-law to amend by-law 177-96, as amended,
to permit residential development.
(New/Other Business Item No. 4)
By-law
Carried
BY-LAW 2017-80 TIMES GROUP CORPORATION, BLOCKS 45 AND BLOCK 49, PLAN 65M-3226,
SOUTH OF HIGHWAY 7, BETWEEN SOUTH PARK ROAD AND SADDLECREEK DRIVE, AMENDMENT TO
THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt an Official Plan Amendment No.
249 to the in force Official Plan (Revised 1987), as amended, to permit
residential development.
(Confidential Item No. 13)
By-law
Carried
BY-LAW 2017-81 TIMES GROUP CORPORATION, BLOCKS 45 AND BLOCK 49, PLAN 65M-3226,
SOUTH OF HIGHWAY 7, BETWEEN SOUTH PARK ROAD AND SADDLECREEK DRIVE, ZONING
BY-LAW AMENDMENT
A by-law to amend by-law 177-96, as amended,
to permit residential development.
(Confidential Item No. 13)
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Nirmala Armstrong
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following confidential
matters (9:06 PM):
(1) MINUTES OF CONFIDENTIAL COUNCIL MEETING
- JUNE 13, 2017 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e) (f)]
Council
- June 27, 2017
(2) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (APPOINTMENTS TO BOARD/COMMITTEE) (16.24)
[Section 239 (2) (b)]
General
Committee - June 19, 2017
(3) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES (WARD 6) (7.0, 16.11)
[Section 239 (2) (b)]
(4) ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE,
INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (SOLICITOR CLIENT PRIVILEGE)
(7.13)
[Section 239 (2) (f)]
(5) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (WARD 4) (8.7)
[Section 239 (2) (c)]
(6) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 2) (8.0)
[Section 239 (2) (c)]
Carried
Development
Services Committee - June 26, 2017
(7) DEVELOPMENT SERVICES COMMITTEE
CONFIDENTIAL MINUTES
- May 8, 2017 (10.0)
[Section 239 (2) (e) (c) (e) (e)]
(8) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
HERITAGE COMMITTEE CONFIDENTIAL MINUTES
- May 10, 2017 (16.11)
[Section 239 (2) (b)]
(9) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD - MINOR VARIANCE APPLICATION APPEAL - 14 GEORGE STREET (WARD 4)
(8.0)
[Section 239 (2) (e)]
(10) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD - MINOR VARIANCE APPLICATION APPEAL - 217 CHURCH STREET (WARD 4)
(8.0)
[Section 239 (2) (e)]
(11) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - MINOR VARIANCE APPLICATION APPEAL -
252 CHURCH STREET (WARD 4) (8.0)
[Section 239 (2) (e)]
(12) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - MINOR VARIANCE APPLICATION APPEAL -
17 TOWNE COURT (WARD 3) (8.0)
[Section 239 (2) (e)]
Council
- June 27, 2017
(13) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - MINOR VARIANCE APPLICATION APPEAL -
TIMES GROUP (WARD 8) (8.0)
[Section 239 (2) (e)]
Moved by Councillor
Alex Chiu
Seconded by Councillor
Amanda Collucci
That Council
rise from the private session. (10:23 PM)
Carried
The confidential
items were approved by Council as follows:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- JUNE 13, 2017 (16.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the Council
Confidential Minutes dated June 13, 2017 be confirmed.
Carried
(2) APPOINTMENTS
AND RESIGNATIONS TO
BOARDS/COMMITTEES (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That
the following persons be appointed to the Markham-Milliken Children’s
Festival Committee:
Name Term
Melissa
Nicholas November
30, 2018
Sean Wong November
30, 2018; and,
2) That
the following person be appointed to the Heritage Markham Committee:
Name Term
Maria Cerone November
30, 2019; and,
3) That
the following persons be re-appointed to the Flato Markham Theatre Advisory
Board:
Name Term
Aleem Israel November
30, 2020
Anne Gilligan November
30, 2019
Sophia Sun November
30, 2019; and,
4) That
the following person be re-appointed to the Advisory Committee on Accessibility:
Name Term
Keith Irish November
30, 2018
Robert Hunn November
30, 2019
Tammy Mok November
30, 2019; and
5) That
the following persons be appointed/re-appointed to the Environmental
Advisory Committee:
Name Term
Karl Lyew November
30, 2020
Carrie Sally November
30, 2019
Diane Ross November
30, 2020
Karl Fernandes November
30, 2020; and,
6) That
the following person be re-appointed to the Senior’s Hall of Fame Awards
Committee:
Name Term
Pearl
Mantell November
30, 2020; and,
7) That
the following person be re-appointed to the Main Street Markham Committee:
Name Term
Jason
McCauley November
30, 2020; and,
8) That
the resignation of Shichun Chen from the Public Realm Advisory Committee
be received with regret for information purposes and that a letter of
appreciation be forwarded by Mayor Frank Scarpitti; and further,
9) That the resignation of Atif Ahmad from
the Markham Public Library Board be received with regret for information
purposes and that a letter of appreciation be forwarded by Mayor Frank
Scarpitti.
Carried
(3) CONFIDENTIAL
REPORT – PROPERTY MATTER,
RELOCATION OF THE REVEREND
JENKINS HOUSE
TO MARKHAM HERITAGE ESTATES
JINGHUI (CATHERINE) LU,
APPLICANT
FINANCIAL CAPABILITY OF
APPLICANT/
LOT SELECTION (7.0, 16.11)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the report titled “Confidential Report – Property
Matter, Relocation of the Reverend Jenkins House to Markham Heritage Estates,
Jinghui (Catherine) Lu, Applicant, Financial Capability of Applicant/Lot
Selection”, dated June 19, 2017, be received; and,
2) That Parts 1 and 7, Plan
65M-2761, City
of Markham, Regional Municipality of York (2 and 14 Heritage Corners Lane,
Markham Heritage Estates) be declared surplus to the City’s needs; and,
3) That notice of the proposed
sale of the above lands be placed on the next Council agenda, or subsequent
date; and further,
4) That
staff be authorized to proceed as directed by Council on June 27, 2017.
Carried
(4) ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT
PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (SOLICITOR
CLIENT PRIVILEGE) (7.13)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That
the confidential report regarding an advice that is subject to solicitor-client
privilege, including communications necessary for that purpose (solicitor
client privilege); be received; and,
2) That staff be authorized to proceed as directed by Council on June
27, 2017.
Carried
(5) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 4) (8.7)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That
the confidential report regarding a proposed or pending acquisition or
disposition of land by the municipality or local board (Ward 4) be received;
and,
2) That staff be authorized to proceed as directed by Council on June
27, 2017.
Carried
(6) A PROPOSED OR PENDING
ACQUISITION
OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (Ward 2) (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That
the confidential presentation regarding a proposed or pending acquisition or
disposition of land by the municipality or local board (Ward 2) be received;
and,
2) That staff be authorized to proceed as directed by Council on June
27, 2017.
Carried
(7) DEVELOPMENT SERVICES COMMITTEE
CONFIDENTIAL MINUTES
- MAY 8, 2017 (10.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the minutes of the Development Services Committee
confidential meeting held May 8, 2017, be confirmed.
Carried
(8) HERITAGE
MARKHAM COMMITTEE
CONFIDENTIAL MINUTES
MAY 10, 2017 (16.11)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the minutes of the Heritage
Markham Committee confidential meeting held May 10, 2017 be received for
information purposes.
Carried
(9) MINOR
VARIANCE APPLICATION APPEAL
RICK & CHRISTINE O’DELL
14 GEORGE STREET
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT
FILE A/202/16 (WARD 4) (8.0)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Nirmala Armstrong
1) That the confidential report titled “Minor
Variance Application Appeal, Rick & Christine O’Dell c/o The Gregory Design
Group, 14 George Street, Markham Village Heritage Conservation District, File
A/202/16”, be received; and,
2) That Council direct the City Solicitor
and Staff not to attend the Ontario Municipal Board hearing regarding the
decision of the Committee of Adjustment to approve the minor variances related
to a proposed addition to an existing heritage dwelling and the construction of
an accessory building in the rear yard, provided the applicant agrees to
request the OMB to impose the staff recommended condition of approval set out
below:
a) That the variances apply only to the
development as long as it remains;
b) The Secretary-Treasurer receive written
confirmation from the Director of Planning and Urban Design or designate that
this condition has been fulfilled to his/her satisfaction;
i. That the variances apply to the subject
development, in substantial conformity with the plan(s) attached as ‘Appendix
A’ to this Staff Report and dated January 31, 2017, to the satisfaction of the
Director of Planning & Urban Design or designate,
ii. That the applicant obtain Site Plan
Endorsement for the proposed development;
iii. That the applicant enter into a Heritage
Conservation Easement with the City of Markham, to the satisfaction of the
Director of Planning and Urban Design and the City Solicitor; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried by recorded vote (8:3)
(See following recorded vote)
YEAS: Councillor
Alan Ho, Councillor Don Hamilton, Regional Councillor Nirmala Armstrong,
Regional Councillor Jim Jones, Deputy Mayor Jack Heath, Councillor Colin
Campbell, Councillor Amanda Collucci, Councillor Alex Chiu. (8)
NAYS: Councillor
Valerie Burke, Councillor Karen Rea, Councillor Logan Kanapathi. (3)
ABSENT: Mayor
Frank Scarpitti, Regional Councillor Joe Li. (2)
(10) MINOR
VARIANCE APPLICATION APPEAL
LINGANRAJ NADARAJALINGAM
217 CHURCH STREET, MARKHAM-
A/207/16
(WEST OF 9TH LINE & NORTH
OF CHURCH STREET), WARD 4 (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the
confidential report titled “Minor Variance Application Appeal, Linganraj
Nadarajalingam, 217 Church Street - A/207/16 (West of 9th Line & north of
Church Street)” be received; and,
2) That Council direct the City Solicitor
and Staff not to attend the Ontario Municipal Board hearing regarding the
decision of the Committee of Adjustment to deny the minor variances related to
floor area ratio, provided that the applicant agrees to request the OMB to
impose the staff recommended conditions of approval set out below in the event
that the OMB allows the variances; and,
a) That
the variances apply only to the proposed development as long as it remains;
b) That the Secretary-Treasurer receive written
confirmation from the Director of Planning and Urban Design or designate that
the following conditions have been fulfilled to his or her satisfaction:
i. That
the appellant submits a revised site plan indicating the circular portion of
the proposed driveway will be constructed with porous unit pavers in an effort
to soften its visual appearance on the street;
ii. That
the variance applies only to the subject development, in substantial conformity
with revised plans approved by the Director of
Planning and Urban Design or designate;
iii. That a Tree Assessment and Preservation Plan,
prepared by a qualified arborist in accordance with the City’s Streetscape
Manual (2009), as amended, shall be submitted for review and approval by the
City, and that any detailed Siting, Lot Grading and Servicing Plan required as
a condition of approval reflects the recommendations of the Tree Assessment and Preservation Plan;
iv. That prior to the commencement of
construction or demolition, tree protection be erected around all trees on
site, including street trees, in accordance with the City’s Streetscape Manual
(2009) as amended, and inspected by City Staff to the satisfaction of the
Director of Planning and Urban Design or their designate;
v. That arrangements for tree replacements and
other plantings be made, if required, in accordance with the Tree Assessment
and Preservation plan;
c) That a Siting, Lot Grading and Servicing Plan
designed and stamped by a Professional Engineer/Ontario Land Surveyor/Landscape
Architect shall be submitted to the
Director of Engineering for review and approval and that the
Secretary-Treasurer receive written confirmation from the Director of
Engineering or designate that this condition has been fulfilled to his/her
satisfaction;
d) That a six (6) foot solid wood privacy fence
be installed at the back fence line; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(11) MINOR
VARIANCE APPLICATION APPEAL
SANDEEP SINGH
252 CHURCH STREET, MARKHAM-
A/130/16
(WEST OF 9TH LINE & NORTH
OF CHURCH STREET), WARD 4 (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the confidential report titled
“Minor Variance Application Appeal, Sandeep Singh, 252 Church Street, Markham -
A/130/16 (West of 9th Line & north of Church Street), Ward 4” be received;
and,
2) That Council direct the City Solicitor
and Staff not to attend the Ontario Municipal Board hearing regarding the
decision of the Committee of Adjustment to:
·
deny the minor variance related to
building height, and require the removal of a proposed circular driveway and
reduction of the height of the attic space above the garage by 1 metre, as a
condition of approval of the variance for an increase in the maximum floor area
ratio from 45 percent to 48 percent
provided
that the Applicant agrees to request the OMB to impose the staff recommended
conditions of approval set out below in the event that the OMB allows the
variances;
a)
The variances apply only to the proposed development as long as it
remains;
b) That
the Secretary-Treasurer receive written confirmation from the Director of
Planning and Urban Design or designate that the following conditions have been
fulfilled to his or her satisfaction:
i.
That the variances apply only to the subject development, in
substantial conformity with the plan(s) attached as “Appendix B” to this Staff
Report, to the satisfaction of the Director of Planning
and Urban Design or designate;
ii.
That a Tree Assessment
and Preservation Plan, prepared by a qualified arborist in accordance with the
City’s Streetscape Manual (2009), as amended, shall be submitted for review and
approval by the City, and that any detailed Siting, Lot Grading and Servicing
Plan required as a condition of approval reflects the recommendations of
the Tree Assessment and Preservation
Plan;
iii.
That prior to the
commencement of construction or demolition, tree protection be erected around
all trees on site, including street trees, in accordance with the City’s
Streetscape Manual (2009) as amended, and inspected by City Staff to the
satisfaction of the Director of Planning and Urban Design or their designate;
iv.
That arrangements
for tree replacements and other plantings be provided, if required, in
accordance with the Tree Assessment and Preservation plan:
c)
That the attic above the garage
not to be used as a habitable space;
d) That
a Siting, Lot Grading and Servicing Plan designed and stamped by a Professional
Engineer/Ontario Land Surveyor/Landscape Architect shall be submitted to the Director of Engineering for review and
approval and that
the Secretary-Treasurer receive written confirmation from the Director of
Engineering or designate that this condition has been fulfilled to his/her satisfaction;
and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(12) MINOR
VARIANCE APPLICATION APPEAL
XUE MING YU
17 TOWNE COURT, MARKHAM
(SOUTH OF POMANDER ROAD AND
WEST OF MAIN STREET
UNIONVILLE), WARD 3
A/196/16 (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That the
confidential report titled “Minor Variance Application Appeal, Xue Ming Yu, 17
Towne Court, Markham (south of Pomander Road and west of Main Street
Unionville), Ward 3, A/196/16” be received; and,
2) That Council direct
the City Solicitor and Staff not to attend the Ontario Municipal Board hearing
regarding the decision of the Committee of Adjustment to deny the minor
variances related to side yard setback, rear yard setback, building height,
front yard setback and lot coverage, provided that the Applicant agrees to
request the OMB to impose the staff recommended conditions of approval set out
below in the event that the OMB allows the variances;
e) That the variances apply
only to the proposed development as long as it remains;
f)
That the Secretary-Treasurer
receive written confirmation from the Director of Engineer and Planning and
Urban Design or designate that the following conditions have been fulfilled to their
satisfaction:
i.
That the variances apply only to
the subject development, in substantial conformity with the plan(s) attached as
“Appendix A” to this Report received by the City on March 8th, 2017;
i.
That a Tree Assessment and
Preservation Plan, prepared by a qualified arborist in accordance with the
City’s Streetscape Manual (2009), as amended, shall be submitted for review and
approval by the City, and that any detailed Siting, Lot Grading and Servicing
Plan required as a condition of approval reflects the recommendations of
the Tree Assessment and Preservation
Plan;
ii.
That prior to the
commencement of construction or demolition, tree protection be erected around
all trees on site, including street trees, in accordance with the City’s
Streetscape Manual (2009) as amended, and inspected by City Staff;
iii.
That arrangements
for tree replacements and other plantings be made, if required, in accordance
with the Tree Assessment and Preservation plan;
iv.
That subject to
the review and approval of a detailed Siting, Lot Grading and Servicing Plan
designed and stamped by a Professional Engineer/Ontario Land Surveyor/Landscape
Architect, the owner demonstrates that there is no negative impact along any
abutting property respecting surface water drainage;
v.
That subject to
the review and approval of a detailed Siting, Lot Grading and Servicing Plan
designed and stamped by a Professional Engineer/Ontario Land Surveyor/Landscape
Architect, the owner demonstrates that the entire building envelope, including
all foundations, windows, porches, stairs and any other protruding structures,
do not extend into the existing easement on the south side of the property; and
further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(13) TIMES
GROUP
BLOCK 45 AND PART OF BLOCK 49,
PLAN 65M-3226
SOUTH OF HIGHWAY 7, BETWEEN OF
SOUTH PARK ROAD
AND SADDLECREEK DRIVE
APPLICATIONS FOR OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENTS
FILE NO.’S: OP 13 131100 AND
ZA 14 131100
(WARD 8) (10.3 AND 10.5)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1)
That the confidential
memorandum dated June 27, 2017 titled, “Times Group Corporation, Block 45 and
Part of Block 49, Plan 65M-3226, South
of Highway 7, between of South Park Road and Saddlecreek Drive, Applications
for Official Plan and Zoning By-law amendments”, be received; and,
2)
That the attached
1987 Official Plan Amendment be adopted and the attached Zoning By-law
Amendment be enacted; and,
3)
That the proposed
modifications to the 2014 Official Plan attached hereto be endorsed by Council and forwarded to the Ontario
Municipal Board for approval; and further,
4) That
in accordance with the provisions of subsection 45(1.4) of the Planning Act,
R.S.O. 1990, c.P.13, as amended, the owner shall, through this resolution, be
permitted to apply to the Committee of Adjustment for a variance from the
provisions of the Zoning By-law within two years of its approval by Council.
(By-laws 2017-80 and 2017-81)
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Don Hamilton
That By-law 2017-75
be given three readings and enacted.
Three Readings
BY-LAW 2017-75 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
JUNE 27, 2017.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 11:01 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Jack
Heath
City
Clerk Deputy
Mayor
(Signed)