2003-07-08
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 16
(Council
Chamber and Canada Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor
S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (4:30 p.m.), Councillor J. Heath (4:35 p.m.), Councillor D. Horchik, Councillor K. Usman (4:50 p.m.), Councillor A. Chiu. (10)
Regrets
Regional
Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor G. McKelvey.
(3)
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor F. Scarpitti
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) 180
Mingay Avenue, Block 206, Plan 65M-3519
(2) Licensing Hearing “Xenal Beauty
Centre”
(3) Licensing Hearing “Machealth
Centre”
(4) 2003 Board/Committee
Appointments
(5) Tenstone
Developments Inc. (Circa @ Town Centre)
(6) The Townhomes of Thornhill
Village Inc.
(7) Wykland Estates Inc. (Mattamy
Homes)
(8) Cornell Rouge Development
Corporation
(9) Amendment to The Fence By-Law
277-97
(10) Avant
Investments Inc.
(11) Final Report - Wismer
(12) Amendment to the East Cathedral
Community Design Plan
(13) Freehold
Building Corporation
(14) Milliken
Mills Main Street Urban Design Study: Final Report
(15) Cloverwood
Estates Inc., 7577 Mccowan Road
(16) Site
Plan Applications to be Approved Under Delegated Authority To Staff
(17) Anthony
& Margaret Reale, 23 Josie Drive, Richmond Hill - June 23, 2003
(18) City of Pickering - June 17, 2003
(19) Ontario Municipal Board - June 20, 2003
(20) Industry Canada - June 19, 2003
(21) Region of York - Woodbine Avenue Bypass Of
Victoria Square
(22) Region of York - Water Supply Strategy
Update
(23) Region
of York - York-Peel Feedermain Project Status Update
(24) Region of York - Management Of Servicing
Capacity Allocation
(25) Region
of York - Yonge Corridor Environmental Assessment Recommended Alignment
(26) Region of York - Young Street Vision -
Richmond Hill Graphic Image
(27) Region
of York - Regional OPA To Enhance The Urban Structure - Status Report
(28) Region
of York - Selection of Independent Cost Estimator For Quick Start
(29) Solarino Holdings, 29 Laidlaw Boulevard
CARRIED
The Regular
Meeting of Council was held on July 8, 2003 at 7:27 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
ROLL
CALL
Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional
Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor J.
Virgilio, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor
A. Chiu. (11)
Regrets
Regional
Councillor B. O'Donnell, Councillor G. McKelvey. (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
K. Bavington,
Committee Clerk
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Manager, Secretariat Services
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community and Fire Services
V.
Shuttleworth, Director of Planning & Urban Design
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor
K. Usman disclosed an interest with respect to Committee of the Whole Item (5),
the site plan proposal by Tenstone Development Inc. at the northeast corner of
Highway 7 and Town Centre Boulevard by nature of he and his wife owning a
couple of units in the Condo Tower, and his wife having an office leased in the
Tower, and did not take part in the consideration or discussion of or vote on
the question of the approval of such matter.
Councillor K.
Usman disclosed an interest with respect to Committee of the Whole Item (6) and
By-law 2003-255, the proposed development by The Townhomes of Thornhill Village
Inc., for Thornhill Square, by nature of his wife being a tenant in Thornhill
Square, and did not take part in the consideration or discussion of or vote on
the question of the approval of such matter.
Councillor J.
Heath declared an interest with respect to the Committee of the Whole Item
(16), the site plan application for Pickle Barrell, Markville Mall, by nature
of his mother being a member of the Teacher’s Pension Fund, which owns
Markville Mall, and he did not take part in the consideration of, or vote on
the question of approval of this matter.
Councillor J.
Heath disclosed an interest with respect to the Committee of the Whole Item
(29), the rezoning application submitted by Solarino Holdings for 29 Laidlaw
Boulevard, by nature of owning property close by, at 166 Bullock Drive, and did
not take part in the consideration or discussion of or vote on the question of
the approval of such matter.
Councillor
K. Usman disclosed an interest with respect to Report No. 47, Clause (10), the
development agreement for Tenstone Development Inc. at the northeast corner of
Highway 7 and Town Centre Boulevard by nature of he and his wife owning a
couple of units in the Condo Tower, and his wife having an office leased in the
Tower, 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
Council
consented to separate Items (2), (6), (7), (16), and (29).
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor F. Scarpitti
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) 180
MINGAY AVENUE, BLOCK 206, PLAN 65M-3519
SITE RESERVED FOR PLACE OF
WORSHIP
(BRIDLE TRAIL BAPTIST CHURCH)
(10.8 & 8.5)
That the
Agreement of Purchase and Sale from the Bridle Trail Baptist Church Inc. be
received and amended as set out below for property identified as Part of Block
206, Plan 56M-3519, at a price of $200,000.00 per acre for 1.9 acres in a form
satisfactory to the Town Solicitor;
And that
approximately 140 feet of frontage on Roy Rainey Avenue, being part of the park
at the north west corner of Roy Rainey Avenue and Fred McLaren Blvd. be
re-convey to the Wismer Commons Community Developers’ Group in exchange for the
Town retaining approximately .28 Acres of parkland in Block 206, Plan 65M-3519;
And that a
by-law be enacted to authorize the Mayor and Clerk to execute the amended
agreement of purchase and sale and transfers to the Wismer Commons Community
Developers’ Group or their designate and to the Bridle Trail Baptist Church
Inc., all in form satisfactory to the Town Solicitor to give effect to this,
including a release from the developer regarding the conditions of closing.
(2) LICENSING
HEARING
“XENAL BEAUTY CENTRE”
400 ESNA PARK DRIVE, UNIT #4
(2.0)
That the
following recommendation of the Markham Licensing Committee be adopted and
confirmed:
(1) That the application for Complementary
Healthcare Establishment, submitted by the owner for a Complementary Healthcare
Establishment at 400 Esna Park Drive, Unit # 4, Markham, Ontario known as
“Xenal Beauty Centre”, be denied, and
(2) That, in addition to
consideration of distance clauses, the operation of the current total cap of
twelve (12) Complimentary Health Care and Body Rub Parlours in the Town of
Markham be reviewed, and
(3) That, pursuant to section 25(1) of The
Statutory Powers Procedures Act, this decision not be stayed by any appeal of
this decision that may be instituted in the courts.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor J. Heath
Seconded by Councillor A. Chiu
That Clause (2) of the Report of The
Committee of the Whole be amended to include the following paragraph as
paragraph 2 and paragraph 2 be renumbered to paragraph 3:
“(2) That, in addition to
consideration of distance clauses, the operation of the current total cap of
twelve (12) Complimentary Health Care and Body Rub Parlours in the Town of
Markham be reviewed, and”
CARRIED
(3) LICENSING HEARING
“MACHEALTH CENTRE”
115 APPLE CREEK BLVD., UNIT # 1 (2.0)
That the
following recommendation of the Markham Licensing Committee be adopted and
confirmed:
(1) That the application for a Complementary
Healthcare establishment, submitted by the Owner for 115 Apple Creek Blvd.,
Unit #1, Markham named “MacHealth”be approved, to expire on December 31, 2003;
and
(2) That Council review
Section 7 of By-law 2002-292 with respect to existing businesses.
(4) 2003
BOARD/COMMITTEE APPOINTMENTS (16.24)
Cedar Grove
Community Centre Board
That the following be appointed a member of
the Cedar Grove Community Centre Board:
Markham
Conservation Committee
That the following be appointed as members of
the Markham Conservation Committee:
Markham
Conservation Committee
That the
resignation of David Cheng from the Markham Conservation Committee, be accepted
with regret;
Sign Removal
By-law Committee
That the
following persons be appointed to the Sign Removal By-law Committee:
Tom Gove
Peter MacLeod
Markham
Village Train Station Community Centre Board
(5) TENSTONE DEVELOPMENTS
INC. (CIRCA @ TOWN CENTRE)
NORTH OF HIGHWAY 7 BETWEEN TOWN CENTRE BOULEVARD,
HYDRO ONE CORRIDOR AND COX BOULEVARD
SITE PLAN
APPROVAL - PHASE 1 (SC 02110607) (10.6)
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That the site plan application (SC.02110607), submitted by Tenstone
Developments Inc. to permit Phase 1 of a phased mixed use development at the
northwest corner of Highway 7 and Town Centre Boulevard, be approved, subject
to the following conditions:
A. Prior to Final Approval:
1. That
the Owner shall revise their site plan to comply with the applicable zoning, or
shall obtain variances for relief from the setback requirements along Cox
Boulevard, Town Centre Boulevard and Highway 7 to accommodate the building
articulation, as described in this report;
2. That the Owner will enter into a site plan agreement and
development agreement with the Town, prior to final site plan approval or any
land severance coming into full force and effect;
3. That the requirements of Hydro One Inc., as set out in their
letters dated July 15, 2002, and May 6, 2003, shall be met;
4. That the Owner agrees to enter into an easement agreement
respecting access, egress, parking and other related shared facilities prior to
occupancy of the northerly high rise tower to the satisfaction of the
Commissioner of Development Services;
5. That the Owner agrees to enter into an easement agreement
respecting public access to the Highway 7/Town Centre Boulevard corner amenity
feature, to the satisfaction of the Commissioner of Development Services
6. That the Owner agrees to prepare an overall utility plan
(Composite Utility Plan) to the satisfaction of the Town for Phase 1, as a
condition of site plan approval. The plan
shall comply with the approved streetscape design criteria for Markham Centre,
and minimize the exposure of above grade service structure/equipment to the
satisfaction of the Director of Engineering and the Town Architect;
7. That
the requirements of the Region of York Engineering Department shall be
satisfied;
8. That
the Owner will demonstrate, through a traffic impact study, how access will be
co-ordinated with Rapid Transit operation at this location prior to final
regional approval of the Highway 7 access to the site;
9. That the requirements of Transport Canada, as set out in
their letter dated July 22, 2002, shall be met;
10. That the Owner shall design the site so as to eliminate any
permanent underground encroachment onto the municipal road rights of way;
11. And
that an additional 85 units of water allocation be granted to Tenstone for the
purpose of servicing the townhouses west of the new north/south public road,
for a total water allocation for this project of 546 units. To ensure a fair and equitable distribution
of the remaining water allocation in Markham Centre, all future requests for
water allocation to this project shall only be considered in the context of an
approved Developer’s Group Agreement.
B. Prior to Execution of the Site Plan
Agreement for Phase 1:
1. That the final site plan, building elevations and
underground parking plans for Phase 1 (northerly highrise building, amenities
building, and the townhouses) be submitted to the satisfaction of the
Commissioner of Development Services;
2. That the Owner submit detailed Landscape Plans, Streetscape
Plans, Parks Plans, Planting Plans and Landscape Details, for Phase 1, prepared
by a Landscape Architect, with all changes identified in this report and to the
satisfaction Commissioner of Development Services;
3. That the Owner enter into a site plan agreement with the
Town containing all the standard and applicable special provisions and
requirements of the Town and public agencies to the satisfaction of the
Commissioner of development Services;
4. And that the Owner execute a Development Agreement with the
Town to the satisfaction of the Commissioner of Development Services.
C. Site Plan Agreement to provide:
1. That payment be made by the Owner of all applicable fees,
charges, rates, recoveries, cash-in-lieu of parkland, Developer’s Group
obligations and local service contributions;
2. That the Owner comply with all requirements of the Town and
authorized public agencies, to the satisfaction of the Commissioner of
Development Services;
3. That appropriate phasing provisions are included for the
development and an acknowledgement that all zoning requirements will ultimately
be complied with;
4. And that site plan approval will lapse after a period of
three years commencing July 7, 2003, in the event that a site plan agreement is
not executed within that period.
CARRIED
(Councillor K. Usman abstained)
(6) THE TOWNHOMES OF THORNHILL VILLAGE INC.
300 JOHN STREET, THORNHILL SQUARE
ZONING BY-LAW AMENDMENT AND SITE PLAN APPROVAL
TO PERMIT RESIDENTIAL AND COMMERCIAL REDEVELOPMENT
(ZA 02 111342, SC 02 116402) (10.5,
10.6) Weblink
That the
report dated July 7 2003, entitled “Application by The Townhomes of Thornhill
Village Inc. for Zoning By-law Amendment and Site Plan Approval to permit a mix
of medium and high density residential and commercial redevelopment on the
Thornhill Square property at 300 John Street, north side of John Street, east
of Bayview Avenue. Files ZA 02 111342 and SC 02 116402”, be received;
And that the by-law to amend By-law 1767, as
amended, attached as Appendix “A” to this report, be enacted;
And that water supply allocation for 278
units to permit Phase 1 of the proposed development be granted from the Town’s
reserves;
And that the
Town reserves the right to revoke or reallocate such water allocation should
construction of the proposed Phase 1 development not proceed in a timely
manner;
And that site plan application SC 02 116402,
for the redevelopment of the Thornhill Square site at 300 John Street as a
mixed use medium and high density residential and commercial development, be
approved, subject to the following conditions:
1. That the
Owner shall enter into a site plan agreement with the Town of Markham
containing all standard provisions and requirements of the Town and public
agencies and including the specific requirements identified in the staff
report;
2. That site
plan approval shall lapse after a period of three years commencing July 7,
2003, in the event that the site plan agreement is not executed within that
period;
3. That
prior to final approval of the site plan, the Owner shall:
a) Revise the site
plan and elevation drawings, if required, to the satisfaction of the
Commissioner of Development Services, the Fire Department, CN Rail, and GO
Transit;
b) Revise the
Environmental Noise Analysis: Thornhill Square Redevelopment, prepared by
Valcoustics Canada Ltd., to the satisfaction of the Director of Engineering, CN
Rail, and GO Transit;
c) Provide the Town
with clearance letters from CN Rail and GO Transit, indicating that the site
plan and noise impact study are satisfactory;
d) Revise the
servicing study to the satisfaction of the Director of Engineering;
e) Revise the
Thornhill Square Redevelopment Traffic Impact Study, prepared by BA Group to
reflect final revisions to the site plan, to the satisfaction of the Director
of Engineering;
f) Provide the Town
with an executed copy of a shared parking and access agreement with St. Lukes
Church, or revise the proposal as outlined in Condition 4 below;
g) Submit drawings,
to the satisfaction of the Director of Environmental Services, showing the
location, size and construction of all refuse storage area(s) for waste and
recyclable materials within the proposed residential development;
h) Meet with the
Fire Department to finalize the location(s) of the Fire Department Connection,
private hydrant(s), fire access route signage location, rapid entry key box,
and the design of fire routes accessing interior townhouse blocks.
4. That in the
event that the Owner and St. Luke’s Church cannot reach an agreement on shared
parking and access, prior to final approval of the site plan, the Owner shall:
a) Submit a revised
site plan, to the satisfaction of the Commissioner of Development Services,
that retains existing access arrangements for the St. Luke’s Church property,
and provides alternative access to Green Lane from the subject property, to the
Town’s satisfaction;
b) Submit a revised
traffic study, to the Town’s satisfaction, assessing the traffic impacts of the
site plan revisions addressed in Condition 4a);
5. That
prior to execution of the site plan agreement, the Owner shall:
a) Prepare detailed
design drawings for the proposed John Street sanitary sewer main, to the
satisfaction of the Director of Engineering;
b) Enter into a
Development Agreement with the Town, which will address among other matters,
requirements, timing and securities for the provision of off-site servicing and
infrastructure facilities, including, but not limited to, a new sewer line on
John Street, relocation of the Green Lane traffic signals from the Landmark
entrance to the proposed shared entrance to the site, road improvements to
Green Lane and improvements to John Street at the main entrance to the site, as
required for the proposed development;
c) Submit a
landscape plan, prepared by a Landscape Architect having OALA membership, to
the satisfaction and approval of the Director of Planning and Urban Design;
6. That
the site plan agreement shall:
a) provide for
payment by the Owner of all applicable fees, recoveries and development
charges;
b) contain
provisions for satisfying Town Departments and outside agencies including all
requirements of the Director of Engineering, the Fire Department, Waste
Management, Roads and CN Rail;
c) contain
provisions requiring that appropriate clauses addressing potential noise
impacts from the CN Rail line be inserted in all offers to purchase, and
agreements of purchase and sale or lease for all dwelling units on the site
located within 300 metres of the rail line, to the satisfaction of CN Rail;
d) contain a clause
whereby the owner agrees that any proposed alterations to the existing drainage
pattern affecting CN rail property must receive prior concurrence from CN Rail
and be substantiated by a drainage report to the satisfaction of CN Rail;
e) contain a clause
that the safety berm, fencing and vibration isolation measures implemented
along the CN Rail corridor shall not be tampered with or altered and further
that the Owner shall have sole responsibility for and shall maintain these
facilities to the satisfaction of CN Rail;
f) contain a clause
whereby the owner agrees to grant CN Rail an environmental easement for
operational noise and vibration emissions, registered against the subject lands
in favour of CN Rail;
g) contain a clause
whereby the owner agrees to enter into a side agreement with CN Rail,
stipulating how CN Rail’s concerns will be resolved, and to pay CN Rail’s
reasonable costs related to preparing and negotiating the agreement;
h) contain
provisions whereby the owner agrees to phase development of this site as
follows:
(a) Phase 1
consisting of the non-residential component plus 162 townhouse or multiple
dwellings and 109 apartment dwellings;
(b) Phase 2
consisting of 58 townhouse or multiple dwellings and 116 apartment dwellings;
i) contain a clause
whereby the owner agrees that phase 2 cannot proceed until Council has granted
additional water allocation to this development;
j) contain a clause
whereby the owner agrees to provide cash-in-lieu of parkland, to the
satisfaction of the Commissioner of Development Services;
k) contain a clause
whereby the owner agrees to not install fencing, gates or other physical
barriers that would in any way impede public access over the walkways and the
private open space area located within the residential portion of the proposed
development;
And that a warning clause be
included in the Agreement of Purchase and Sale and registered on title to
ensure purchasers are aware of the industrial uses to the east of the site;
And that the Town of Markham formally request
the Province of Ontario to investigate air quality issues in South Thornhill in
the John Street area and a copy of this recommendation be forwarded to the
Province of Ontario.
(By-law 2003-255)
CARRIED
(Councillor
K. Usman abstained)
(7) WYKLAND ESTATES INC. (MATTAMY HOMES)
PROPOSED RESIDENTIAL PLAN OF SUBDIVISION
19TM-030003 (PHASE 1), CORNELL PLANNING DISTRICT
(SU.03-108934, ZA.03-108933) (10.5, 10.7)
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That the record of the Public Meeting held on
May 20, 2003 with respect to the applications by Wykland Estates Inc. for draft
plan of subdivision approval and implementing zoning by-law be received;
a)
And that the first phase
(491 units) of plan of subdivision 19TM-03003 (Wykland Estates Inc.) be draft
approved subject to the conditions outlined in Appendix ‘A’, and the payment of
the required 30% subdivision processing fee in accordance with the Town’s
Tariff of Fees By-law; and the following red line revisions:
b)
The distribution of
dwelling types (singles, semis, townhouses, live/work) to be finalized to the
satisfaction of the Commissioner of Development Services.
c)
Delete Blocks 347, 352,
353, 356 and 357 and include their areas in the adjacent lot fabric.
d)
Revise Block 335
(residential part lot) and Block 349 (Golden Jubilee Greenway) to align with
the adjoining blocks on Plan 65M-3294.
e)
Revise Lane R alignment
and right-of-way and Lots 82 to 85 and Blocks 319 and 320 to the satisfaction
of the Town.
f)
Revise Lane W to align
with the adjoining lane on Plan 65M-3294.
g)
Buffer Blocks adjoining
9th Line and Markham By-pass (future 16th Avenue) to be finalized to the
satisfaction of the Town of Markham and the Region of York.
And that the application to amend Zoning
By-laws 304-87 and 177-96 for the first phase be approved, and the draft
by-laws, attached as Appendix ‘C’, be enacted;
And that water supply allocation for 491 units
be granted, such allocation to be from the total allocation available for the
Cornell Secondary Plan area;
And that the Town reserves the right to
revoke or reallocate the water supply allocation should the development not
proceed in a timely manner.
And that staff report back later in 2003
regarding options for the completion of Bur Oak Avenue, especially south to
Highway #7, within three (3) years or sooner.
(8) CORNELL ROUGE DEVELOPMENT
CORPORATION
(MADISON HOMES / FOREST HILL HOMES)
19TM-030006 (PHASE 1), CORNELL PLANNING DISTRICT
DRAFT PLAN OF SUBDIVISION AND IMPLEMENTING ZONING
(SU.03-109544, ZA.03-109541) (10.7, 10.5) Weblink
That the record of the Public Meeting held on
May 20, 2003 with respect to the applications by Cornell Rouge Development Corporation for
draft plan of subdivision approval and implementing zoning be received;
a)
And that the first phase
(432 units) of plan of subdivision 19TM-03006 (Cornell Rouge Development Corporation) be
draft approved subject to the conditions outlined in Appendix ‘A’, and the
payment of the required 30% subdivision processing fee in accordance with the
Town’s Tariff of Fees By-law; and the following red line revisions:
b)
The distribution of
dwelling types (singles, semis, townhouses) and lot sizes to be finalized to
the satisfaction of the Commissioner of Development Services based on the
“Phase 1 Concept Plan” drawing prepared by KLM Planning Partners Inc., dated
June 24, 2003 and attached as Figure 5 to the Planning staff report dated July
7, 2003.
c)
Reduce the number of
units from 433 to 432.
d)
Delete Block 349 and
include its areas in the adjacent lot fabric.
e)
Buffer Blocks adjoining
16th Avenue and the future Markham By-pass to be finalized to the satisfaction
of the Town of Markham and the Region of York.
And that the application to amend Zoning
By-laws 304-87 and 177-96 for the first phase be approved, and the implementing
amendments be enacted;
And that water supply allocation for 432
units be granted, such allocation to be from the total allocation available for
the Cornell Secondary Plan area;
And that the Town reserves the right to
revoke or reallocate the water supply allocation should the development not
proceed in a timely manner;
And further that staff report on the
appropriateness of the inclusion of 9 metre wide, 25 metre deep lots in future
phases of Cornell once 50% of the buildings on such lots in the first phase
subdivision have been occupied for a minimum of 6 months and the associated
tree planting and fencing has been completed.
(By-laws 2003-258
and 2003-259)
(9) AMENDMENT
TO THE FENCE BY-LAW 277-97 (2.19) Weblink
That By-law
277-97 be amended to permit 1.8 m (6 feet) high rear yard fences for corner
lots in residential zones subject to: a maximum 1.8 m (6 feet) of open lattice
OR a maximum of 1.52 m (5 feet) of solid panel, commencing from the ground,
with a maximum 0.3 m (1 foot) of open latticework at the top of the fence.
And that
Council enact the Fence By-law Amendment attached as Schedule 1 to the staff
report dated July 7, 2003.
(By-law 2003-260)
(10) AVANT INVESTMENTS INC.
3856, 3864, AND 3872 HIGHWAY #7 EAST, PLAN 4295, LOT 4
SITE PLAN, AND OFFICIAL PLAN AND ZONING AMENDMENTS
(SC 03-112281, ZA 03-112240, OPA 03-112209) (10.3, 10.5, 10.6) Weblink
That the
report dated July 7, 2003, entitled, “Information Report – Avant Investments Inc. - Site Plan, Zoning Amendment, and
Official Plan Amendment applications for 3856, 3864, and 3872 Highway #7 East,
Plan 4295, Lot 4, File Number SC 03-112281, ZA 03-112240, and OPA 03-112209” be
received.
And that the
application be held in abeyance pending the completion, by the applicant, of
outstanding submission requirements.
(11) FINAL REPORT - WISMER
1) HIGHWAY 48 WISMER COMMONS DESIGN GUIDELINES
2) 1065764 ONTARIO LIMITED (MAJOR MARK CENTRE)
9900 HIGHWAY 48, REZONING FILE NO.:
ZA 02 106874
3) WISMER MARKHAM DEVELOPMENTS INC.
9792 HIGHWAY 48, BLOCKS 115 &
116, 19TM-02008 PHASE 2B
CON. 7, PT. LTS. 18, 19 & 20,
REZONING FILE NO.: ZA 02 113879
4) WISMER MARKHAM DEVELOPMENTS INC.
9650 HIGHWAY 48, CON. 7, PT. LT. 18
& 19
OFFICIAL PLAN AND REZONING, OP
01116736 & ZA 01 116747
5) WYNBERRY DEVELOPMENTS INC.
9462 HIGHWAY 48, CON. 7, PT. LT.
17, 19T-01020
REZONING FILE NO.: ZA 01 119040 (10.3,
10.5) Weblink
1) Highway 48 Wismer Commons Design
Guidelines
That the staff
report titled Highway 48 Wismer Commons Design Guidelines dated July 7, 2003,
be received;
That the
Highway 48 Wismer Commons Design Guidelines (Appendix A) prepared by The MBTW
Group dated May 2003, be received and endorsed, as amended through staff
comments contained in the staff report dated July 7, 2003;
That the urban
design guidelines outlined in the Highway 48 Wismer Commons Design Guidelines
prepared by The MBTW Group dated May 2003 be used in the evaluation of
development applications for commercial development along the west side of
Highway 48 within the Wismer Commons Secondary Plan area;
That staff be
directed to prepare a Secondary Plan amendment to implement the Highway 48 Wismer
Commons Design Guidelines, and that a Public Meeting be held to consider the
Secondary Plan amendment.
2) 1065764
Ontario Limited (Major Mark Centre) (ZA 01 106874)
That the Record of Public Meeting held on
September 24, 2002 regarding the zoning by-law for 9900 Highway 48, File ZA 01
106874, submitted by 1065764
Ontario Limited to permit shopping centre uses, be received;
That the
Zoning By-law application (ZA 01 106874) submitted by 1065764 Ontario Limited
(Major Mark Centre), to permit shopping centre uses, be approved and the draft
Zoning By-law amendment attached as Appendix “C” to the staff report dated July
7, 2003, be finalized and enacted.
3) Wismer
Markham Developments Inc. (ZA 02 113879)
That the Record of Public Meeting held on
December 3, 2002 regarding the zoning by-law for 9792 Highway 48, File ZA 02
113757, submitted by Wismer Markham
Developments Inc. to permit shopping centre uses, be received;
That the
Zoning By-law application (ZA 02 113879) submitted by Wismer Markham Developments
Inc., to permit shopping centre uses, be approved and the draft Zoning By-law
amendment attached as Appendix “C” to the staff report dated July 7, 2003, be
finalized and enacted.
4) Wismer
Markham Developments Inc. (OP 01 116736 & ZA 01 116747)
That the
Record of Public Meeting held on March 19, 2002 regarding the Official Plan and
zoning by-law amendments for 9650 Highway 48, Files OP 01 116736 and ZA 01
116747, submitted by Wismer Markham
Developments Inc. to permit shopping centre uses, be received;
That the
application to amend the Official Plan (revised 1987) to permit shopping centre
uses, be approved and the draft amendment attached as Appendix ‘B’ to the staff
report dated July 7, 2003, be adopted;
That the
Zoning By-law application (ZA 01 116747) submitted by Wismer Markham
Developments Inc., to permit shopping centre uses, be approved and the draft
Zoning By-law amendment attached as Appendix “C” to the staff report dated July
7, 2003, be finalized and enacted.
5) Wynberry
Developments Inc. (ZA 01 119040)
That the
Record of Public Meeting held on May 7, 2002 regarding the zoning by-law for
9462 Highway 48, File ZA 01 119040, submitted by Wynberry Developments Inc. to permit shopping
centre uses, be received;
That the
Zoning By-law application (ZA 01 119040) submitted by Wynberry Developments
Inc., to permit shopping centre uses, be approved and the draft Zoning By-law
amendment attached as Appendix “C” to the staff report dated July 7, 2003, be
finalized and enacted.
(By-laws 2003-261, 2003-262 and 2003-263)
(12) AMENDMENT TO THE EAST CATHEDRAL
COMMUNITY
DESIGN PLAN (10.0) Weblink
That the East
Cathedral Community Design Plan, as revised, attached to the staff report dated
July 7, 2003, be approved.
(13) FREEHOLD BUILDING CORPORATION
8330 & 8332 KENNEDY ROAD, ZONING BY-LAW AMENDMENT
AND SITE PLAN APPROVAL TO PERMIT THE OUTDOOR
STORAGE OF VEHICLES (ZA 03.111871, SC 03-111872)
(10.5, 10.6) Weblink
That the
applications submitted by Freehold Building Corporation, for zoning by-law amendment and site plan approval (File
numbers ZA 03.111871 and SC 03-111872) to permit the outdoor storage of
vehicles at 8330 & 8332 Kennedy Road dated July 7, 2003 be referred to the
Unionville Subcommittee.
(14) MILLIKEN MILLS MAIN
STREET
URBAN DESIGN STUDY: FINAL REPORT (10.8)
Weblink
That the final
report by Marshall Macklin Monaghan Ltd, entitled “Milliken Mills Main Street
Urban Design Study Final Report: Implementation Study”, dated June, 2003, be
received and endorsed;
And that the
letter dated July 2, 2003 from Cattanach Hindson Sutton VanVeldhuizen, on
behalf of their clients DiMilta Bros. Investment Group Limited and the DiMilta
family, expressing concern regarding the proposal in the area of their clients’
lands and in objection to a any north/south road that may affect their lands,
be received;
That the land
use and urban design vision and guidelines outlined in the final report by
Marshall Macklin Monaghan Ltd, entitled “Milliken Mills Main Street Urban
Design Study Final Report: Implementation Study”, dated June, 2003, be used in
the evaluation of development applications within the study area;
That the
Milliken Mills Main Street study area be identified as a high priority for
property standards compliance and by-law enforcement;
That staff be
directed to initiate the following actions recommended in the Implementation
Strategy:
a)
Review of zoning
compliance for all properties within the study area, and recommend actions to
be taken against non-compliant property owners, for the consideration of
Council;
b)
Preparation of required
Official Plan and Secondary Plan amendments and an implementing zoning by-law
to give effect to the study recommendations;
c)
Preparation of a by-law
to designate the study area as a Community Improvement Area.
That a Public
Meeting be held in the fall of 2003 to consider the Official Plan and Secondary
Plan amendments and the zoning amendment;
And that the
tendering process be waived in accordance with Section 14(1)(c) of purchasing
by-law 143-2000;
And that the
current contract with consultants Marshall Macklin Monaghan Ltd be extended to
undertake any or all of the following actions recommended in the implementation
study for a fee not to exceed $50,000 (including 3% GST), and based on a
detailed work program:
a)
Preparation of a
Servicing Plan;
b)
Preparation of
infrastructure and community design cost estimates for use in the Development
Charges Study;
c)
Initiation of a
Development Charges study for the study area as background to the preparation
of a Development Charges By-law;
d)
Preparation of a
Community Improvement Plan;
e)
Identification of
additional tools for facilitating and promoting development and redevelopment
within the study area and provision of a cost-benefit analysis of these tools.
And that the
consultant fees be paid from the 2003 Capital Budget account “Main Street
Milliken Implementation Strategy Plan”, account number 080-5399-5189-005;
And that
Councillor A. Chiu be authorized to bring forward the names of persons to be
appointed to an advisory group to continually review this project.
(15) CLOVERWOOD ESTATES INC., 7577 MCCOWAN ROAD
SUBDIVISION AND REZONING APPLICATIONS TO PERMIT
29 SINGLE-DETACHED DWELLINGS (ZA.02-118925, SU.02-118951)
19TM-02018 (10.5, 10.7) Weblink
That draft
plan of subdivision 19TM-02018 (SU.02-118951) located at 7577 McCowan Road,
proposed by Cloverwood Estates Inc., be draft approved subject to the
conditions outlined in Appendix ‘A’;
And that the
zoning application (ZA.02-118925) to amend By-law 90-81 as amended, and By-law
304-87, as amended, submitted by Cloverwood Estates Inc., to implement draft
plan of subdivision 19TM-02018 (SU.02-118951) located at 7577 McCowan Road, be
approved and the draft Zoning By-laws attached as Appendix ‘B’ be enacted;
And that a water supply allocation for up to
29 units in the draft plan of subdivision be granted from approved allocation
for future phases of the Villages of Fairtree subdivision (19T-95030);
And that a hold be placed on the zoning for
29 units in future phases of the Villages of Fairtree subdivision (19T-95030)
through zoning amendment application ZA.03-110307 by Forest Bay Homes Ltd;
And that the
Town reserves the right to revoke or reallocate sewage allocation and water
supply should the development not proceed in a timely manner;
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 17-2000).
(By-laws 2003-264 & 2003-265)
(16) PRESENTATION OF
ELEVATIONS FOR SITE PLAN
APPLICATIONS TO BE APPROVED UNDER DELEGATED
AUTHORITY TO STAFF (10.6)
That the presentation of elevations for the
Pickle Barrell, Markville Mall, File SC 03-113178, be received.
CARRIED
(Councillor
J. Heath abstained)
COMMUNICATIONS
(17) ANTHONY AND MARGARET
REALE,
23 JOSIE DRIVE, RICHMOND HILL - JUNE 23, 2003 (10.12)
- request to make a deputation regarding
Committee of Adjustment
application for 26 Church Lane, Thornhill
- receive and invite Mr. & Mrs. Reale to
make a deputation at the
August 25, 2003 Development Services Committee meeting.
(See Motion 1)
(18) CITY
OF PICKERING - JUNE 17, 2003 (13.5.1)
- resolution of Council of the City of
Pickering dated June 16, 2003, regarding the implementation of Federal Airport
Zoning Regulations on Federal Lands in Pickering, Markham and Uxbridge
- receive and refer to staff
(19) ONTARIO
MUNICIPAL BOARD - JUNE 20, 2003 (10.6)
- Decision from hearing regarding site plan
application by Tender Holdings Ltd.,
7020 Warden Avenue
- receive
(20) INDUSTRY
CANADA - JUNE 19, 2003 (10.0)
- consultation pertaining to the Siting of
Antenna Towers
- receive and refer to staff to become
involved
(21) REGION
OF YORK - COUNCIL RESOLUTION DATED JUNE 26, 2003
WOODBINE AVENUE BYPASS OF
VICTORIA SQUARE (13.4)
- receive
and refer to staff
(22) REGION
OF YORK - COUNCIL RESOLUTION DATED JUNE 26, 2003
WATER SUPPLY STRATEGY UPDATE
(13.4)
- receive
and refer to staff
(23) REGION OF YORK - COUNCIL
RESOLUTION DATED JUNE 26, 2003
YORK-PEEL FEEDERMAIN PROJECT STATUS UPDATE (13.4)
- receive and refer to staff
(24) REGION
OF YORK - COUNCIL RESOLUTION DATED JUNE 26, 2003
MANAGEMENT OF SERVICING
CAPACITY ALLOCATION (13.4)
- receive
and refer to staff
(25) REGION OF YORK - COUNCIL
RESOLUTION DATED JUNE 26, 2003
YONGE CORRIDOR ENVIRONMENTAL ASSESSMENT
RECOMMENDED ALIGNMENT (13.4)
- receive
and refer to staff
(26) REGION
OF YORK - COUNCIL RESOLUTION DATED JUNE 26, 2003
YOUNG STREET VISION - RICHMOND
HILL GRAPHIC IMAGE (13.4)
- receive
and refer to staff
(27) REGION OF YORK - COUNCIL
RESOLUTION DATED JUNE 26, 2003
REGIONAL OPA TO ENHANCE THE URBAN STRUCTURE
- STATUS REPORT (13.4)
- receive
and refer to staff
(28) REGION OF YORK - COUNCIL
RESOLUTION DATED JUNE 27, 2003
SELECTION OF INDEPENDENT COST ESTIMATOR
FOR QUICK START (13.4)
- receive
and refer to staff
(29) SOLARINO HOLDINGS, 29 LAIDLAW BOULEVARD
REZONING APPLICATION TO PERMIT RETAIL USE AS A
CAR SHOWROOM (ZA.03-112553) (10.5)
That the
report from the Development Services Commission dated July 7, 2003, entitled
“Solarino Holdings, 29 Laidlaw Boulevard, Zoning By-law Amendment to add a use
to the existing Industrial (M) Zone, be received;
And that the
Record of the Public Meeting held on July 7, 2003, with respect to the proposed
amendment to By-law 1229, as amended, be received;
And further
that the application be referred back to staff for a report evaluating the
proposal on August 25, 2003;
And that,
subject to staff receiving the necessary information from the applicant, staff
be directed to provide the applicant with a written response by July 31, 2003.
CARRIED
(Councillor J. Heath abstained)
Moved by
Councillor S. Daurio
Seconded by
Councillor J. Virgilio
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING
- JUNE 24, 2003
Moved by
Regional Councillor G. Landon
Seconded by
Councillor A. Chiu
That the
Minutes of the Council Meeting held on June 24, 2003, be adopted.
CARRIED
4. DELEGATIONS
Council
consented to add Delegations (1) to (6).
(1) Holly Macdonald - in
objection to the decision to declare a moratorium on any further houses being
considered for relocation to the Markham Heritage Estates Subdivision. (Report
No. 47, Clause 5) (10.7)
(2) Colin Macdonald - in
objection to the decision to declare a moratorium on any further houses being
considered for relocation to the Markham Heritage Estates Subdivision. (Report
No. 47, Clause 5) (10.7)
(3) Rudy Buczolits on
behalf of the Remington Group - to thank the Mayor and Members of Council, Town
staff and all those involved in the Ruland Properties - Markham Centre Precinct
Plan for their extensive work and cooperation, (Report No. 47, Clause 9) (10.5,
10.7)
(4) Clive Hylton - in
objection to the high density on the west side of Kennedy Road proposed in the
Milliken Mills Main Street Urban Design Study Final Report. (Committee of the
Whole, Item 15) (10.8)
(5) Magda Ioannou - in
objection to the high density on the west side of Kennedy Road proposed in the
Milliken Mills Main Street Urban Design Study Final Report. (Committee of the
Whole, Item 15) (10.8)
(6) Grant McBain , the
applicant for Freehold Building Corporation - in objection to the method in
which his application was processed. (Committee of the Whole, Item 14) (10.5,
10.6)
5. PETITIONS
Council
consented to add Petition (1).
(1) PROUD TO BE CANADIAN
FLYING THE CANADIAN FLAG
IN MARKHAM (10.0)
Petition from
“Proud to be Canadian” organization signed by 107 residents in objection to the
June 28, 2003 Toronto Star article stating that it is illegal to fly the Canada
flag in Markham.
RECEIVED
6(a) REPORT NO. 45 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor F. Scarpitti
That Report No.
45 - Community Services & Environment Committee be received and adopted.
July 3, 2003
(1) REVENUE
ACCELERATOR/PARTNERSHIP
WORKSHOP (5.0 & 6.0)
That the presentations of the Fire Chief,
Director, Strategic Services, Manager, Community Partnerships and Manager,
Marketing and Revenue Generation relating to the concept for corporate
partnership development and processes, and the concept for corporate naming be
received and referred back to staff for further information and report in the
fall;
That a partnership between the Town and
Longo's be approved in principle, as a pilot project;
And that staff be directed to place both the
Town of Markham logo and Longo's logo on the back of the hybrid vehicles;
And that the revenue generated from this
partnership be directed towards the Town of Markham's Clean Air Initiative;
And that a detailed report on the partnership
with Longo's be presented to Community Services & Environment Committee on
September 15, 2003.
(2) TENDER
FOR SUPPLY AND DELIVERY OF ZERO
TURN MOWERS (7.12.1)
That the staff report entitled "Tender
for Supply and Delivery of Zero Turn Mowers", dated July 3, 2003, be
received;
And that Twelve Zero Turn Mowers be awarded
to the lowest acceptable bidder B. E. Larkin Equipment in their unit price of
$14,605.00 inclusive of 8% PST and 7% GST ($14,097.00 inclusive of 8% PST and
3% GST);
And that the Operations Department proceed
with the conversion to Biodiesel at the Parks Central and Parks East shop prior
to July 31, 2003, and that 50% plus Biodiesel be used in the mowers;
And that the Electric Ox be demonstrated and
tested to determine the units' viability; and that staff investigate other
alternative power mowers, either from the United States or elsewhere, and
report back to the Community Services and Environment Committee;
And that, if the Electric Ox performs
satisfactorily, the Operations Department investigate lease or purchase
arrangements with the supplier ICLECTRIC for 2004;
And that the Corporate Services Department
bring forward the Green Procurement Policy in September 2003 so that the
Corporation has the tools and guidance to consider environmentally sustainable
alternatives proactively during the procurement process;
And that environmental policy be accelerated
related to major air quality areas including fleet and facilities;
And that the Staff Award Report sheets and
Council Committee Report tracking sheets be amended to include an environmental
implications sign-off for the reports.
(3) 108-S-03
CONTRACT AWARD FOR CIVIC CENTRE
ROOF REPLACEMENT - PHASE THREE
(7.12 & 12.4)
That the Staff Award Report, dated June 9, 2003, with respect to the
contract award for the Civic Centre Roof Replacement - Phase Three, be
received;
And that the Chief Administrative Officer be directed to prepare a
memorandum to the Mayor and Members of Council providing the results of the
Green Roof Project Feasibility Study and the action to be taken.
(4) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES & ENVIRONMENT
COMMITTEE MEETING – JULY 3,
2003 (16.0)
CARRIED
6(b) REPORT NO. 46 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clause (5).
Moved
by Councillor K. Usman
Seconded
by Regional Councillor F. Scarpitti
That
Report No. 46 - Finance & Administrative Committee be received and adopted.
July 7, 2003
(1) SARS
FUNDING REQUESTS - "NORTH-EAST TORONTO
HOTELS’ ASSOCIATION" AND
MARKHAM VILLAGE BIA
AND MINUTES OF SARS ECONOMIC
RECOVERY TASK FORCE - MAY 27,
JUNE 23, &
JULY 3, 2003 (7.6 & 16.24,
13.4.4)
That the presentation of Ms. Cathy O'Connor,
on behalf of the "North-East Toronto Hotels' Association", with
respect to SARS funding be received;
And that the presentation of Ms. Judi
McIntyre, Manager, Markham BIA with respect to SARS funding be received;
And that the minutes of the meetings of the
SARS Economic Recovery Task Force held on May 27, June 23 and July 3, 2003 be
received;
And that the following resolutions from the
July 3, 2003 meeting of the SARS Economic Recovery Task Force be approved:
"That the SARS Economic
Recovery Task Force receive the presentation from the hotel group, and that the
SARS Economic Recovery Task Force recommends that a maximum of $30,000, to be
comprised of cash and/or in-kind services, be allocated to Phase 1 of the
proposal from the hotel group, conditional on the hotel group receiving
matching funds from any level of government and/or private enterprise, and that
Council consider the remaining $27,500 in the 2004 budget process.
And that the Town of
Markham send a letter to the Provincial government supporting the hotel group’s
proposal and requesting the additional assistance of the Provincial government
with the program.
That the Town of Markham provide
a maximum of $10,500, to be comprised of cash and/or in-kind services, to the
Markham Village BIA proposal, conditional on the Markham Village BIA also
receiving matching funding from any level of Government and/or private enterprise."
(2) VICTORIA
SQUARE COMMUNITY CENTRE 2003
CAPITAL PROJECTS (7.5 &
6.6)
That the Town
of Markham approve a maximum of $20,000 to be allocated to the renovation of
the main hall of the Victoria Square Community Centre;
And that the $10,000 budget allocation be returned to the original
source of funding.
(3) BUTTONVILLE
CRESCENT SERVICING (5.5 & 5.4)
That a by-law be enacted to levy fifty percent (50%) of the actual cost
of construction of sanitary services constructed on Buttonville Crescent (East
and West) against the properties in the Buttonville Core Community as shown on
Attachment “B” attached;
That the by-law apportion the cost of construction prorated on a per
frontage metre basis;
That the levy by-law require simple interest calculated against the
apportioned cost be charged annually at a rate of prime plus 1% against each
property from the date of completion of the sanitary sewer to the date when the
owner of the property makes an application to hook into the municipal sanitary sewer;
That the levy by-law provide for the payment of the amount of the levy
to be amortized over a 20 year period including payment of interest at a rate
equivalent to the 20 year Canada Bond yield plus 1% at the time of hook up,
calculated and payable annually;
That heritage buildings, designated under Part IV of the Ontario Heritage Act, who have entered
into a heritage conservation easement with the Town or other appropriate
authority, be exempt from interest from the date the sanitary sewer is completed
until the property owner makes an application to hook into the municipal
sanitary sewer;
That the Treasurer establish and maintain a list of services for which
properties will be subject to charges under section 391, including the amount
of such charges;
That future recovery from property owners be allocated back to the
Waterworks Reserve.
(4) TENDER
AWARD 97-T-03 - CONSTRUCTION
OF GOLDEN JUBILEE GREENWAY
(7.12.1 & 6.3)
That MTM Landscaping and Snow Plowing Inc.,
being the lowest bidder, be awarded the tender 97-T-03 for the construction of
fencing and planting in the Golden Jubilee Greenway in their tender amount of
$173,318.60 inclusive of 7% GST ($166,839.40 inclusive of 3% GST) to be built
during the 2003 construction year;
And that funding for the fencing portion of
this project costing $99,189.00 inclusive of 7% GST ($95,481.00 inclusive of 3%
GST) be provided as follows:
- 65.0%
from the builders whose lots front onto the Greenway (Beaverbrook Homes,
Urban Renaissance, Law Development Group and Broadmoor Homes) in the
amount of $64,472.85
- 31.5%
from the Development Charges Reserve Fund in the amount of $31,244.54
- 3.5% from
capital account 081 6900 017 005 "Developers' Agreements Landscaping
Miscellaneous" in the amount of $3,471.61
And that funding for the planting portion of
this project costing $74,129.60 inclusive of 7% GST ($71,358.40 inclusive of 3%
GST) be provided as follows:
- 43.4%
from the developer's (Law Development Group, $22,200.00 and Urban
Renaissance, $10,000.00) in the amount of $32,200.00
- 50.9%
from the Development Charges Reserve Fund in the amount of $37,736.64
- 5.7% from
capital account 081 6900 017 005 "Developers' Agreements Landscaping
Miscellaneous" in the amount of $4,192.96
And that the entire developer/builder fencing
commitment, in the amount of $64,472.85, and Urban Renaissance's obligation for
the planting, in the amount of $10,000.00, be advanced by the Town from the
Development Charges Reserve Fund, to be reimbursed by the builders/developers
at a later date not to exceed one year from the date this report is approved.
(5) CONSTRUCTION
OF TEMPORARY PARKING
FACILITIES FOR LEGACY PARK
(6.3 & 10.5)
That the report entitled "Construction
of Temporary Parking Facilities for Legacy Park" be received;
And that the temporary Parking Facility be
approved;
And that funding for the construction of a
temporary parking facility for Legacy Park in the amount of $15,000 is provided
for in the 2003 capital account 70-5350-5253-005 - Recreation - Legacy Parking
Lot;
And that staff report back on the
possibility of parking restrictions on Legacy Drive and Rouge Bank Drive where
necessary.
CARRIED
(6) DENISON
STREET/WARDEN AVENUE GUIDE RAIL (5.10 & 5.12)
That the report entitled "Denison
Street/Warden Avenue Guide Rail" dated July 7, 2003 be received;
And that the installation of a guide rail on
Denison Street, east of Warden Avenue at an upset limit of $57,500 inclusive of
8% PST and 7% GST ($55,500 inclusive of 8% PST and 3% GST) be approved;
And that the funding for this project will be
provided for from closed capital projects to be identified in the mid-year
update on the status of capital projects;
And that the Operations and Asset Management
Department be directed to implement the attached signage and pavement-marking
plan;
And that the funding for the signage and
pavement-marking plan be absorbed within the Operations and Asset Management
Operating accounts.
(7) GRANT
FOR ROUGE RIVER AND
DON RIVER WATERSHEDS (7.6
& 13.13.2)
That the staff report entitled 'Grant for
Rouge River and Don River Watersheds" dated July 7, 2003 be received;
And that the $50,000 grant approved in the
2003 Town of Markham Enhanced/New Programs budget for the Rouge and Don
Watersheds be used to fund capital projects in the respective watersheds within
the Town of Markham and not operating costs;
And that funding for this project be provided
through a transfer to capital from tax based funding (A/C # 840-841-7899);
And that Community Services staff consult
with the Don Watershed Council, the Rouge Park Alliance and Town of Markham
Urban Design staff in developing the name signs;
And that the proposed design of the river and
creek name signs be brought to Council for approval prior to installation;
And that grant funding of $25,000 to each
organization be provided, conditional on each organization procuring matching
funds, and used towards trail planning and/or other capital projects within the
Town of Markham;
And that prior to the end of 2004 the Rouge
River Alliance and the Don Watershed Council provide a written update on the
projects the money was applied to.
(8) UPDATE
ON MARKHAM RUGBY CLUB FACILITY
ON AUSTIN PARK (6.3 &
6.10)
That the report dated July 7, 2003 entitled
"Update on Markham Rugby Club Facility on Austin Park", be received;
And that the Town of
Markham approve a maximum of $25,000 to be allocated to the landscaping and
façade improvements of the Markham Rugby Club Facility on Austin Park, to be
charged to the Rate Stabilisation Reserve;
And that any monies paid by the Town of
Markham for restoration are payable back to the Town of Markham by the Markham
Rugby Club, either during the lease period or upon conclusion of the lease, and
that staff report back in such regard.
(9) GRANT
REQUEST - MARKHAM JAZZ FESTIVAL (7.6)
That Council
approve the grant of $3,500 to the Markham Jazz Festival for the festival to be
held August 15 to 17, 2003;
And that the Town of Markham funding policy for festivals be reviewed
as part of the 2004 budget process.
(10) GRANT
REQUEST - UNIONVILLE SUMMER
CONCERT SERIES (7.6)
That the Town of Markham
approve a maximum of $3500 to the Unionville BIA for the Summer Concert series;
And that the Town of Markham funding policy for festivals be reviewed
as part of the 2004 budget process.
(11) SURPLUS
PROPERTY AND LAND TRANSFER TO REGION
OF YORK, PART OF LOT 21,
CONCESSION 5
DESIGNATED AS PART 1 AND PART
2 ON REFERENCE PLAN
65R-26082 COMPRISED OF 645 SQ.
METRES IN TOTAL
ANGUS GLEN COMMUNITY CENTRE
MAJOR MACKENZIE DRIVE, MARKHAM
(8.5)
That
Part of Lot 21, Concession 5, Designated as Part 1 and Part 2 on Reference Plan
65R-26082 be declared surplus pursuant to Town of Markham By-law 178-96 and
that notice of the proposed disposition of such lands be placed on the agenda
for the Council meeting of July 8, 2003;
And
that approval be granted to the Manager of Real Property to transfer such Town
surplus property to the Region of York;
And
further that a by-law be enacted at the Council meeting on August 26, 2003,
authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to The
Region of York for the lands known as Part of Lot 21, Concession 5, designated
as Part 1 and Part 2 on Reference Plan 65R-26082, Markham, in a form
satisfactory to the Town Solicitor.
(12) ROUGE
RIVER COMMUNITY CENTRE (8.2 & 6.6)
That
Council approve a one-year lease to the 748 Royal Canadian Army Cadets -Markham
at the Rouge River Community Centre beginning September 1, 2003, and ending
August 31, 2004, for the sum of two dollars ($2.00);
And
that the Mayor and Clerk be authorized to execute the lease agreement between
the 748 Royal Canadian Army Cadets - Markham and the Town of Markham in a form
satisfactory to the Town Solicitor, such agreement to include a clause
stipulating that the 748 Royal Canadian Army Cadets shall be responsible for
any costs for repairs to the building, equipment or property due to damage
arising as a result of their lease of the premises;
And
further that the 748 Royal Canadian Army Cadets - Markham be required to
provide a security deposit or letter of credit in the amount of $1,000 to cover
any future damage;
And that the 748 Royal
Canadian Army Cadets – Markham be issued with a strict warning regarding their
future conduct and use of the facility.
(13) CONVEYANCE
OF SEWER LINE EASEMENT TO MARGARET LEE
PART OF BLOCK 39, DESIGNATED
AS PART 1 ON PLAN
TO BE DEPOSITED - AILEEN LEWIS
COURT, MARKHAM (8.1)
That a by-law be enacted authorizing the Mayor
and Clerk to execute a Transfer of Easement for the purpose of installing a
private sanitary sewer line, to the owner of property at 5906 16th Avenue,
Markham, over Town owned lands legally described as Part of Block 39,
designated as Part 1 on a Draft Reference Plan to be deposited, in a form
satisfactory to the Town Solicitor, for $9,200 in compensation.
(By-law 2003-246)
(14) MODIFIED/FLEXIBLE
VOTING HOURS - 2003 (14.0)
That a by-law be enacted to establish
modified voting hours, as follows:
St. Luke's Lodge 10:00
a.m. to 6:00 p.m.
Unionville Villa 10:00
a.m. to 6:00 p.m.
Sunrise Assisted Care 10:00
a.m. to 6:00 p.m.
The Woodhaven 10:00
a.m. to 6:00 p.m.
(By-law 2003-247)
(15) 2003
COUNCIL/COMMITTEE MEETINGS CALENDAR (16.23)
That the amended 2003 calendar of Council and
Standing Committee meetings, attached to the staff report dated July 7, 2003,
be approved.
(16) OAK
RIDGES MORAINE "SATELLITE WALK"
OCTOBER 2003 (3.5 &
12.2.6)
That Council endorse the Oak Ridges Moraine
"Satellite Walk" being organized by Unionville High School students.
(17) PILOT
VOLUNTEER PROGRAM (2.16 & 11.3)
That Council authorize staff to plan and
implement a pilot project for volunteer illegal poster removal involving the
residents of Ward 1 in Thornhill;
And that the project be monitored over a
six-month period;
And that Council establish a Sign Removal
By-Law Committee; it being understood that the Terms of Reference for the
Committee will be presented at a subsequent Council meeting;
And
that the Chief Administrative Officer, in the absence of Council, be given
authority to appoint Sign Removal By-law Committee members during the summer
period.
(18) 4561
HIGHWAY 7, UNIONVILLE - MONTESSORI
NORTH SCHOOL - LEASE RENEWAL
AGREEMENT (8.2)
That Council approve the Lease for 4561
Highway 7, Unionville, between the Town of Markham and Montessori School North,
for a period of five (5) years commencing July 1, 2003 and to expire on June
30, 2008, including a one year option to terminate clause in favour of the Town
and one five-year renewal option in favour of the Tenant;
And that the Mayor and Town Clerk be
authorized to execute the Lease in a form satisfactory to the Town Solicitor.
(19) DELEGATED AWARD OF
TENDER 125-T-03
THORNHILL COMMUNITY CENTRE - PHASE 1
SENIORS CENTRE (7.12.3)
That the report dated July 7, 2003, entitled
"Delegated Award of Tender 125-T-03 Thornhill Community Centre Phase 1 -
Seniors Centre" be received for information;
And that in accordance with the Purchasing
By-law 143-2000, clause 25(2), the CAO exercise his delegated authority to
approve Tender 125-T-03, in consultation with the Thornhill Community Centre
Addition Executive Steering Committee;
And that a staff report be prepared for the
Finance and Administrative Committee meeting in September regarding the Tender
award.
CARRIED
6(c) REPORT NO. 47 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (5),
(9), (10), (13), and (14).
Moved by Councillor D. Horchik
Seconded by Regional Councillor T. Wong
That Report No. 47 - Development Services
Committee be received and adopted.
July 7, 2003
(1) FEDERAL
GREEN SPACE
STEWARDSHIP ADVISORY COMMITTEE (13.1) Weblink
That
the staff report entitled “Information Report - Federal Green Space Stewardship
Advisory Committee”, dated July 7, 2003, be received;
And
that Transport Canada be invited to attend a Part A Development Services
Committee meeting in early fall to present the draft Green Space Master Plan;
And
that Transport Canada consider the request by the Town to protect and manage
lands adjacent to the Little Rouge Creek consistent with the Rouge Park
principles and protect a 100 metre wide environmental corridor connecting the
Rouge Watershed to Majors Creek along the southern boundary of the Pickering
Airport Site;
And
that Transport Canada, the Greater Toronto Airport Authority, the Region of
York, TRCA and the Rouge Park Alliance, be provided with a copy of this report;
And
further that the Federal Government be commended in their efforts to protect
Federal Green Space lands in Markham.
(2) ACCEPTANCE FOR
MAINTENANCE OF RESIDENTIAL SUBDIVISIONS (REGISTERED PLAN NUMBERS 65M-3297 &
65M-3251)(10.7) Weblink
That the services in
Subdivision, Registered Plan Numbers 65M-3297, and 65M-3251, be accepted;
And that by-laws be
enacted by Council to accept these subdivisions and to establish each of the
roads within the residential subdivisions as a public highway of the Town of
Markham;
And that the Community
Services Commission assume the responsibility for operating and maintaining the
infrastructure within the Subdivisions as part of the Town’s system;
And that acceptance of the
Subdivisions be taken into consideration in future operating budgets;
And that the by-law to
amend Schedule ‘12’ of Traffic By-law # 106-71, by including compulsory stop to
the indicated streets, be approved;
And that the by-law to
amend Schedule ‘A’ of the Speed By-law # 105-71, by including a maximum speed
of 40 kilometers per hour to the streets indicated, be approved;
And that the by-law to
amend Schedule 1 of the Parking By-law # 336-88, by including no parking on the
streets indicated be approved;
And that the Mayor and
Clerk be authorized to execute the necessary releases from the terms of the
Subdivision Agreements, subject to confirmation from the Director of Engineering
that the final two year guarantee periods have been completed.
(By-laws
2003-248 to 2003-252)
(3) AMENDMENT
TO FILL BY-LAW 2001-53 (10.0) Weblink
That
the report entitled “Amendment to Fill By-Law 2001-53 be received,
And
that an amendment to By-Law 2001-53 in order to restrict filling on
“Agricultural” zoned lands to a maximum depth of 600mm, be approved.
(By-law 2003-253)
(4) GREEN
ENABLING MUNICIPAL FUND AGREEMENT (10.0)
Weblink
That the report entitled “Green Enabling Municipal Fund Agreement”, be received,
And
that the Commissioner of
Development Services and Director of Engineering be authorized to execute the
Grant Agreement between the Corporation of the Town of Markham and Federation
of Canadian Municipalities for the Burndenet Creek Erosion Control Optimization
study.
And
that the Town’s portion of the
Burndenet Creek Erosion Control Optimization study be funded from the 2001
Capital Account # 083 5399 3773 005 in the amount of $21,993.85 inclusive of 7%
GST ($21,171.65, inclusive 3% GST).
(5) MARKHAM HERITAGE
ESTATES
PROPOSED STUDY OF POTENTIAL RESOURCES AND MORATORIUM
ON PUBLICLY INITIATED REQUESTS FOR RELOCATION (16.11) Weblink
That a study
of potentially threatened heritage resources be undertaken by Town (Heritage
Section) staff to ensure that the remaining lots in the Markham Heritage
Estates are retained for those homes of greatest significance in the
municipality that may, in the future, become threatened;
And that a moratorium
be placed on any further houses being considered for relocation to the Markham
Heritage Estates Subdivision, other than those initiated by Town (Heritage
Section) staff, until such time as the above study is completed and received by
Council;
And that a
report on the results of the study be brought forward for consideration by
Council by the end of 2003;
And that staff
report back on any applications in progress for threatened homes and developers
be encouraged to locate existing heritage homes within their development plans.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional
Councillor F. Scarpitti
Seconded by Councillor E. Shapero
That Clause 5, Report No. 47 be amended to include the following
paragraph:
“And that staff report back on any
applications in progress for threatened homes and developers be encouraged to
locate existing heritage homes within their development plans.”
CARRIED
(6) OFFICIAL
RECOGNITION OF UNNAMED STREAMS
IN THE TOWN OF MARKHAM
(10.0) Weblink
That the staff
report entitled “Official
Recognition of Unnamed Streams”, dated July 7, 2003 be received;
And that
Council authorize staff to proceed with the geographical names submission
process to officially recognize the following stream names:
- Pomona Creek
- Burndenett Creek
- Robinson Creek
- Morningside Creek
- Exhibition Creek
And that the
proposed names be forwarded to the Toronto Region Conservation Authority, Don
Watershed Council and the Rouge Park Alliance for support;
And that Town
staff consult with local residents and the Markham Conservation Committee and
adjacent municipalities to identify any further potential stream names for
consideration by Council at a later date.
(7) GROUND SIGN VARIANCES
IMPERIAL OIL
380 MAIN STREET NORTH, (03-111933, 03-111934)(2.16.2) Weblink
That the
ground sign variances, applications # 03-111933, 03-111934 submitted by
Imperial Oil, be approved;
And that a
proposed amendment to Section 10.4.2 of "Sign By-law" 2002-94, which
would delete the word readograph sign
and replace it with internally illuminated and/or electronic readograph sign,
and delete section 10.4.3 in its entirety, be included in the next amendment to
the “Sign By-law” to permit this type of sign in Special Sign Districts.
(8) DATA USE LICENCE
AGREEMENT FOR
ACQUISITION OF OAK RIDGES MORAINE MAPPING (10.0) Weblink
That
Development Services Committee authorize the Mayor and Clerk to enter into a
data use licence agreement with the Ministry of Municipal Affairs and Housing
to obtain digital mapping of the Oak Ridges Moraine Conservation Plan.
(9) RULAND PROPERTIES INC.
(THE REMINGTON GROUP)
PART OF LOTS 8 & 9 , CONCESSION 5, MARKHAM CENTRE
PRECINCT PLAN, DRAFT PLAN OF SUBDIVISION AND ZONING
BY-LAW AMENDMENTS (SU.01-113921, ZA.01-0113929)(10.5, 10.7) Weblink
That the
report dated July 7, 2003, entitled “Recommendation Report, Ruland Properties
Inc. (The Remington Group)” be received;
And that the
Precinct Plan, Draft Plan of Subdivision (SU.01-113921) and Zoning By-law
Amendment (ZA.01.0113929) applications be approved;
And that the
attached Precinct Plan (Figure 7) dated April, 2003, be approved subject to any
changes resulting from revisions to the draft plan of subdivision;
And that the
draft plan of subdivision be approved, subject to the conditions of Draft Plan
Approval attached as Appendix ‘B’, and the execution of a comprehensive
subdivision agreement;
And that
Council endorse the parameters for the drafting of a zoning by-law, including
Hold (H) provisions and temporary use provisions, for the Remington lands,
which would then act as a template for future development applications within
Markham Centre, as discussed in this report;
And that staff
be directed to bring the zoning by-law forward for adoption at the first
available opportunity;
And that Council endorse the Development Phasing
Schedule attached as Appendix ‘A’, and that the Development
Phasing Plan be reviewed and updated, prior to the release of any lands for
development;
And that
Council approve in principle a water allocation of 800 units for Phase 1 of
‘Downtown Markham’, subject to Council receiving a letter from the Trustee of
the Markham Centre Developers Group
supporting such allocation in the context of the overall water allocation to
the Markham Centre Secondary Plan area, and subject to the appropriate
Development Charge credit agreement being entered into between the Owner and
the Town to advance the construction of Enterprise Boulevard from Warden Avenue
to the GO Transit line and Birchmount Road from Enterprise Boulevard to Highway
407;
And that the
release for registration of any phase of development will require, among other
matters:
- Availability of adequate water, sanitary
sewer and stormwater management facilities
- Adequacy of the existing and committed
transportation infrastructure
- Approval of an Area Specific Development
Charges By-law
- Approval of an updated Development
Phasing Plan and execution of a Development Phasing Agreement
- Implementation of the Unionville Traffic
Management Plan, as applicable by phase
- Dedication of parkland as applicable by
phase
- Incorporation of the requirements of the
noise study and vibration study
- Removal of the Holding provisions
- Execution of agreements to not pre-sell
any units unless water allocation has been assigned by the Town
- Implementation of the requirements of
the Parking and Financial Strategy studies, as applicable.
And that staff
be authorized to proceed with a peer review of the draft conditions and the
zoning by-law with a report back to Development Services Committee in
September, 2003, prior to the adoption of the zoning by-law.
CARRIED
(See following recorded vote)
(8:2)
**YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor
S. Daurio, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (8)
**NAYS: Councillor E. Shapero,
Councillor J. Virgilio. (2)
ABSENT: Regional Councillor G. Landon,
Regional Councillor B. O'Donnell, Councillor G. McKelvey. (3)
________________________________________________________________________
** Amended by Council at its
meeting held on September 30, 2003 to reflect that Councillor J. Virgilio voted
against the application submitted by Ruland Properties Inc. (The Remington
Group) for the Markham Centre precinct plan, draft plan of subdivision and
zoning by-law amendments.
(10) TENSTONE DEVELOPMENT
INC. (CIRCA @TOWN CENTRE)
DEVELOPMENT AGREEMENT, NORTHWEST CORNER OF
HIGHWAY 7 AND TOWN CENTRE BOULEVARD (SC 02110607) (10.19) Weblink
That the report dated July 7, 2003, entitled,
“Tenstone Developments Inc., Development Agreement for File SC 02110607 at the Northwest corner of Highway 7 and Town
Centre Boulevard”, be
received;
And that the principles to be included in a
Development Agreement, as authorized by Council on November 13, 2002, and
further outlined in this report, be approved, subject to the following
conditions:
1. That final plans, including Master Site Plan showing phasing, Master
Landscaping Plan, Master Streetscape Plan, and Concept Park Plan and Concept
Plan for treatment of walkway over Hydro ROW and details of interim landscaping
be approved, to the satisfaction of the Commissioner of Development Services;
2. That the Owner be required to enter into a Development Agreement to
the satisfaction of the Commissioner of Development Services and the Town
Solicitor, incorporating the principles outlined in this report prior to
execution of the Phase 1 site plan agreement and any consent coming into full
force and effect. The terms of the
Development Agreement are to be brought back to Council for authorization,
prior to execution by the Town;
3. That
an amendment to the Development Phasing Plan for the Civic Centre District
(originally approved May 26, 1996, as amended) pertaining to this development
(Appendix A) be approved;
4. That adjustments to Appendix “I” (Central
Area Statistics) of the Central Area Secondary Plan (OPA 21), to reflect the
amended statistics contained in the amendment to the Civic Centre District
Phasing Plan, attached as Appendix A to this report, be approved.
CARRIED
(Councillor K. Usman abstained)
(11) ABIDIEN INC. (BEST
HOMES)
SOUTH UNIONVILLE PLANNING DISTRICT
ZONING BY-LAW AMENDMENT TO PERMIT A TECHNICAL BY-LAW
AMENDMENT 19TM-97009 AND 19TM-98005 (ZA.03-106144) (10.5)
That the Development Services Commission
information report dated March 4, 2003 entitled "Abidien Inc. (Best Homes)
Zoning By-law Amendment to permit a technical by-law amendment for lots within
draft plans 19TM-97009 and 19TM-98005 (ZA.03-106144)" be received;
And that the record of the Public Meeting
held on July 7, 2003, with respect to the proposed amendments to By-law 177-96,
be received;
And
that the application by Abidien Inc. (Best Homes) to amend By-law 177-96 be
approved;
And
further that the proposed amendment to By-law 177-96 be enacted without further
notice.
(12) FOREST
BAY HOMES LTD.
NORTH OF STEELES AVENUE, EAST
OF MARKHAM ROAD
REZONING APPLICATION TO UPDATE
THE ZONING
FOR THE VILLAGES OF FAIRTREE
(ZA.03-110307) (10.5)
That the Development Services Commission
report dated June 3, 2003 entitled "Preliminary Report, Forest Bay Homes
Ltd. Rezoning Application to Update the Zoning for Villages of Fairtree
Community Located at the Northwest Corner of Markham Road and Steeles
Avenue" (ZA.03-110307) be received;
And that the record of the Public Meeting
held on July 7, 2003, with respect to the proposed amendments to By-law 90-81,
be received;
And
that the application by Forest Bay Homes Ltd. to amend By-law 90-81 be
approved;
And
further that the proposed amendment to By-law 90-81 be enacted without further
notice.
(13) ANGUS GLEN DEVELOPMENTS,
EAST VILLAGE
PART OF LOTS 19 AND 20, CONCESSION 5
APPLICATION FOR ZONING AMENDMENT TO CHANGE
DEVELOPMENT STANDARDS (ZA 03 106946) (10.5)
That the report from the Development Services
Commission dated April 22, 2003 entitled "Application for Zoning Amendment
to Change Development Standards, Angus Glen Developments, East Village, Part of
Lots 19 and 20, Concession 5", be received;
And that the record of the Public Meeting
held on July 7, 2003, with respect to the proposed amendment to By-law 177-96,
as amended, be received;
And that the
application by Angus Glen Developments Ltd. to amend By-law 177-96, as amended,
be approved;
And that the
proposed amendment to By-law 177-96, as amended, be enacted without further
notice.
(By-law
2003-254)
CARRIED
(14) EASTERN MARKHAM
STRATEGIC REVIEW
FINAL REPORT (10.8)
Weblink June 13 Weblink
June 20 Weblink
Resolution Weblink
Report
That the deputation by Jim Robb be received;
And that the deputation by Steven Brunswick
be received;
And
that the deputation by Sam Orrico be received;
And
that the deputation by Mike Whittamore be received;
And
that the deputation by Ashmore Reesor be received;
And
that the correspondence from Margaret and David Quinte; Jim Robb on behalf of
the Friends of the Rouge Watershed; and Steven Brunswick, on behalf of several
farmers, be received;
And
that the minutes of the Eastern Markham Strategic Review Committee meetings,
held June 13 and June 20, 2003, be received;
And
that the deputation of Bev Driscoll, Susan Kirk and David Whittamore in support
of the tenant purchase program, be received;
And
that the final Report of the Eastern Markham Strategic Review Committee be
received;
And
that the Principles and Recommended Actions identified in the Report be
endorsed as the basis for further discussion with identified stakeholders and
for further decisions by Council regarding the matters addressed in the
Actions, with amendments to reflect the following directions:
1. T5: add a bullet
"the need, justification and possible alignments for a north-south
Provincial highway link from the proposed Pickering Airport to Highway 407, and
if possible, to Highway 401, outside of the Rouge Park, in the Region of
Durham"
2. L10:
delete
3. L1:
add "subject to the conditions outlined in Action L2 and L3"
4. Schedule B, Clause
2(k): add "subject to the conditions outlined in Action L2 and
L3"
And
that the recommendations of the Eastern Markham Strategic Review Committee for
requests and advice to governments, agencies and other stakeholder interests,
as identified in Schedule B to the Committee's report be endorsed;
And
that copies of the Report and this resolution be provided to identified
stakeholders and participants;
And
that the Mayor and Councillor Heath, former Chair of the Eastern Markham
Strategic Review Committee, meet with Provincial representatives to initiate a
dialogue regarding the Principles and Recommended Actions relating to
Provincial interests;
And
that the Report of the Eastern Markham Strategic Review Committee be referred
to staff, and that staff be directed to report regarding the implications and
implementation of the recommended actions endorsed by Council, addressing among
other things, consultation with senior governments and agencies, responses to
this resolution and to the Committee's Report, and requirements for further
work to implement the recommended actions including studies, administrative
requirements, budget and staffing requirements;
And
that following endorsement by Council of the Principles and Recommended Actions
in the final Report of the Eastern Markham Strategic Review Committee, that the
Committee be dissolved by Council, with thanks for its work and
recommendations.
CARRIED
(See following
recorded vote) (10:0)
(See following motion
to amend which was Lost)
(See following
recorded vote which was Lost) (4:6)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor
S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Heath,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (10)
NAYS: (0)
ABSENT: Regional Councillor G. Landon,
Regional Councillor B. O'Donnell, Councillor G. McKelvey. (3)
Moved by Regional
Councillor F. Scarpitti
Seconded by Councillor E. Shapero
That Clause 14, Report No. 47 be amended to
include the following paragraph:
“And that the Province of Ontario be advised that the Town of Markham
supports the agricultural lands being maintained in public ownership.”
LOST
(See
following recorded vote) (4:6)
YEAS: Deputy
Mayor F. Scarpitti, Councillor E. Shapero, Councillor J. Virgilio, Councillor
K. Usman. (4)
NAYS: Mayor D. Cousens,
Regional Councillor T. Wong, Councillor S. Daurio, Councillor J. Heath,
Councillor D. Horchik, Councillor A. Chiu. (6)
ABSENT: Regional Councillor G. Landon,
Regional Councillor B. O'Donnell, Councillor G. McKelvey. (3)
6(d) REPORT NO. 48 - TRANSPORTATION COMMITTEE
Council
consented to separate Communication No. 178-2003 and consider it as Report No.
48.
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor T. Wong
June 23, 2003
That Report
No. 48 - Transportation Committee be received.
(1) COMMITTEE
PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE
MEETING – JUNE 23, 2003 (16.0)
CARRIED
7. MOTIONS
Council
consented to add Motions (1) to (4).
(1) ANTHONY
AND MARGARET REALE,
23 JOSIE DRIVE, RICHMOND HILL - JUNE 23, 2003 (10.12)
Moved
by Regional Councillor F. Scarpitti
Seconded
by Councillor K. Usman
That,
with respect to the request to make a deputation regarding Committee of
Adjustment application for 26 Church Lane, Thornhill, Anthony and Margaret
Reale be advised that the Town of Markham Procedural By-law permits anyone to address
Council, however, Council does not direct the Committee of Adjustment.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) HARLECH
COURT PARKING PROHIBITION (5.12.4)
Moved by Councillor E. Shapero
Seconded by Councillor S. Daurio
That Schedule 1 of Parking By-law 336-88, be
amended to include a No Parking Prohibition on Harlech Court, from Guardsman
Road to the West property line of #18 Harlech Court from Monday to Friday from
8:00 am to 5:00 pm with parking being permitted on week-ends.;
And that Schedule 1 of Parking By-law 336-88,
be amended to include a No Parking Prohibition on the entire cul-de-sac of
Harlech Court from Monday to Friday from 8:00 am to 5:00 pm with parking being
permitted on week-ends;
And that the necessary by-law be approved;
And that the Operations and Asset Management
Department be directed to install the appropriate signs upon approval of the
by-law.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) RULAND PROPERTIES INC.
(THE REMINGTON GROUP)
PART OF LOTS 8 & 9 , CONCESSION 5, MARKHAM CENTRE
PRECINCT PLAN, DRAFT PLAN OF SUBDIVISION AND ZONING
BY-LAW AMENDMENTS (SU.01-113921, ZA.01-0113929)(10.5, 10.7) Weblink
Moved by Councillor J. Virgilio
Seconded by Regional Councillor T. Wong
That public consultation continue to be part of the Markham Centre
development process in the form of the Unionville Coalition, the Markham Centre
Advisory Committee, the Markham Centre Steering Committee, environmental
assessments, and community information meetings.
CARRIED
(2/3rd vote to consider was
required and obtained)
(4) CANADA
DAY CELEBRATIONS (12.2.6)
Moved by Councillor E. Shapero
Seconded by Regional Councillor F. Scarpitti
That, on behalf of Council, thanks be extended to members of Council,
specifically Regional Councillors Scarpitti and Wong, Councillor Usman, members
of the Canada Day Committee, members of staff and all those involved in achieving
the exceptional success of the recent Canada Day celebrations.
CARRIED
(2/3rd vote to consider was
required and obtained)
8. COMMUNICATIONS
Council
consented to add Communications No. 180-2003 to 190-2003.
Council
consented to separate Communication 176-2003, and 180-2003.
Council
consented to separate Communication 178-2003 and consider it as Report No. 48.
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That Council
receive and consent to the disposition of communications in the following
manner:
Received
172-2003 Ontario
Federation of Anglers & Hunters - Forwarding information regarding Bill
C-68, the Gun Control Legislation. (13.2)
173-2003 Township of
Armour - Forwarding a resolution requesting the Ontario Government to set up a
Board of Inquiry for the recent outbreak of the disease known as SARS. (13.5.1)
174-2003 The Regional
Municipality of Durham - Forwarding a letter sent to the Minister of Transport
in support of the proposed Airport Zoning Regulations for a possible future
airport in the City of Pickering. (13.5.1)
175-2003 Ontario Municipal
Board - Advising that the appeal by Emery Investment Ltd. for By-laws 2002-252
and 2002-253, zoning application submitted by Michael and Veonica Larkin has
been withdrawn. (13.13)
180-2003 Toronto &
Region Conservation Authority, Ontario Realty Corporation & Rouge Park
Alliance - Forwarding objection regarding the designation of heritage buildings
in the Little Rouge Creek Corridor. (16.11)
CARRIED
181-2003 Association
of Municipalities of Ontario - Forwarding information regarding the
restructuring of police services in Ontario. (13.12.2)
182-2003 Association
of Municipalities of Ontario - Forwarding information regarding the Bills
passed in Ontario during the spring session. (13.12.2)
183-2003 Town
of Halton Hills - Forwarding a resolution regarding the provincial policy paper
entitled "The Road Ahead - A Fair Deal for Municipalities". (13.5.1)
184-2003 Transport
Canada - Forwarding information regarding the Pickering Airport Site Zoning
Regulations. (13.1)
185-2003 The
Regional Municipality of York - Forwarding a report entitled "2001 Census
Data Update II". (13.4)
186-2003 The
Regional Municipality of York - Forwarding a noise policy update study status
report. (13.4)
Referred to all Members of
Council
176-2003 Liquor Licence
Application - Request to complete the Alcohol and Gaming Commission Municipal
Information Form for Unionville Arms Pub & Grill, 189 Main Street
Unionville (Outdoor). (3.21)
CARRIED
177-2003 Liquor Licence
Application - Request to complete the Alcohol and Gaming Commission Municipal
Information Form for Ginger & Onion Cuisine, 7131 Kennedy Road, Unit E3-4
(indoor). (3.21)
178-2003 Transportation
Committee - Minutes dated June 23, 2003. (16.0)
(See
Report No. 48)
Referred to Commissioner of
Community & Fire Services
179-2003 The Regional
Municipality of York - Requesting the nine local municipalities to review their
collection by-laws and make any necessary amendments, as soon as possible, to
ban compostable yard waste to prevent it from being mixed in and collected with
disposable solid waste and forwarding information with respect thereto. (13.4)
187-2003 The
Regional Municipality of York - Forwarding information regarding the
implementation of a Community Safety Zone on Highway No. 7, in the vicinity of
St. Patrick's School. (13.4)
188-2003 The
Regional Municipality of York & Association of Municipalities of Ontario -
Forwarding information regarding the Watershed-based Source Protection Plan Framework.
(13.4 & 13.12.2)
Referred to Commissioner of Corporate
Services
189-2003 Ministry
of Municipal Affairs and Housing - Forwarding information regarding the SARS
recovery strategy that includes measures to reimburse municipalities for
extraordinary costs for their response to the outbreak. (13.2.5)
Referred to Commissioner of Development
Services
190-2003 The
Unionville Villagers Association - Forwarding objection to the Markham Centre -
Ruland Properties Inc. proposal based on concerns outlined in their
correspondence. (Report No. 47, Clause 9) (10.5, 10.7)
CARRIED
9. OTHER BUSINESS
(1) SURPLUS
PROPERTY AND LAND TRANSFER TO REGION
OF YORK, PART OF LOT 21,
CONCESSION 5
DESIGNATED AS PART 1 AND PART
2 ON REFERENCE PLAN
65R-26082 COMPRISED OF 645 SQ.
METRES IN TOTAL
ANGUS GLEN COMMUNITY CENTRE
MAJOR MACKENZIE DRIVE, MARKHAM
(8.5)
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
That notice of
the proposed disposition for the lands legally described as Part of Lot 21,
Concession 5, designated as Part 1 and Part 2 on Reference Plan 65R-26082, be
confirmed.
(Clause 11, Report No. 46, 2003)
CARRIED
(2) THORNHILL
MAIN STREET STUDY (10.8)
Moved by
Councillor S. Daurio
Seconded by
Councillor E. Shapero
That the staff update regarding the Thornhill
Main Street Study be received.
CARRIED
(3) THORNHILL
COMMUNITY CENTRE (6.6)
Moved by
Councillor E. Shapero
Seconded by
Councillor S. Daurio
That the
presentation by staff and the project Architect on the Thornhill Community
Centre be received.
CARRIED
(4) SERVICING
FOR LANDS ON EAST SIDE OF
HIGHWAY 48, SOUTH OF MARKHAM
VILLAGE LIBRARY 10.0)
(5) DESTRUCTION
OF TREES - SOUTHEAST CORNER OF
14TH AVENUE AND
WOODBINE AVENUE (10.0)
(6) MILROY
SITE - NORTHEAST CORNER OF
STEELES AVENUE AND REESOR ROAD
(10.0)
10. BY-LAWS
Council
consented to add By-laws 2003-246 to 2003-268.
Council
consented to separate By-laws 2003-245 & 2003-255.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That By-laws
2003-227 to 2003-244 and 2003-246 to 2003-268 be given three readings and
enacted.
CARRIED
Three Readings
BY-LAW 2003-227 A by-law to authorize the execution of an Amended Agreement of
Purchase and Sale between the Town and Bridle Trail Baptist Church Inc.
together with the execution of the Transfer of Land to the Bridle Trail Baptist
Church Inc. and a Transfer of a parcel of land with 140 feet of frontage on Roy
Rainey Avenue to the Wismer Commons Community Developers' Group or their
designate for lands legally described as Part of Block 206, Plan 65M-3519.
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-228 A by-law to authorize the execution of a Transfer/Deed of Land to
Unionville Home Society for lands legally described as Part of Block D, Plan
2886, designated as Parts 2, and 3, Plan 65R-21737.
(Clause 3, Report No. 42, 2003)
BY-LAW 2003-229 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Greenpark (Wismer Commons Community) - Lots 53 to
66, Plan 65M-3633).
BY-LAW 2003-230 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Forest Bay Homes Ltd., east side of Markham Road
and north of Steeles Avenue - Lots 1 to 25, 31 to 57, 63 to 93, Plan 65M-3669).
BY-LAW 2003-231 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Laurier Homes - Blocks 67 to 73, Plan 65M-3601).
BY-LAW 2003-232 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Brawley Manor Corporation - Lots 5 to 21 and 33 to
38, Plan 65M-3639 and Lots 15 to 21, Plan 65M-3640).
BY-LAW 2003-233 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Emery Homes - Williamstown Phase 4 - Lots 2 to 7,
Blocks 11, 16, 17, 18, 19, 20 and 21, Plan 65M-3632).
BY-LAW 2003-234 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Forest Bay Homes Ltd., west side of Markham Road
and south of Highglen Avenue - Block 44 and 35, Plan 65M-3425).
BY-LAW 2003-235 A by-law to dedicate certain
lands as part of the highways of the Town of Markham (Part of Lots 6 & 7,
Concession 4, being Part 2, Plan 65R-10577 - Rodick Road).
BY-LAW 2003-236 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Block 197, Plan 65M-3487, designated as Parts 7 to 10,
Plan 65R-26110 and Part of Block 6, Plan 65M-3489, designated as Part 11, Plan
65R-26110 - Roy Rainey Avenue; Part of Block 218, Plan 65M-3515, designated as
Parts 4 and 5, Plan 65R-26110 - Wingrove Street; Part of Block 218, Plan
65M-3515, designated as Parts 1, 2, 3, and 6, Plan 65R-26110 - Dogwood Street;
Part of Block 26, Plan 65M-3488, designated as Part 1, Plan 65R-26073 - Edward
Jeffreys Avenue).
BY-LAW 2003-237 A by-law to amend Zoning By-law 165-80, as amended (3170497
Canada Inc. (GWL Reality Advisors), 11, 15, 19 & 27 Allstate Parkway &
80 Frontenac Drive - To permit a day nursery in one of the four existing office
buildings on the site).
(Clause 11, Report No. 40, 2003)
BY-LAW 2003-238 A by-law to designate a property as being of Historic and/or
Architectural Value or interest (The Josephus Reesor Tenant House, 7447 9th
Line).
(Clause 9, Report No. 3, 2002)
BY-LAW 2003-239 A by-law to designate a property as being of Historic and/or
Architectural Value or interest (The Josephus Reesor House, 7449 9th Line).
(Clause 9, Report No. 3, 2002)
BY-LAW 2003-240 A by-law to designate a property as being of Historic and/or
Architectural Value or interest (The James Bowman House, 4165 19th Avenue).
(Clause 2, Report No. 27, 2003)
BY-LAW 2003-241 A by-law to amend Zoning By-law 177-96, as amended (E. Manson
Investments Ltd., Zureit Holdings Ltd. and Crestglade Investments Ltd.,
southwest corner of Bur Oak Avenue and McCowan Road - To remove the (H) Hold
provision).
BY-LAW 2003-242 A by-law to amend Zoning By-law 165-80, as amended (Woodside II
& III Developments Inc., 3075 and part of 3083 Highway No. 7 East - To
remove the (H) Hold provision).
BY-LAW 2003-243 A by-law to authorize the Mayor and Clerk to execute an Agreement
of Purchase and Sale between Michael Bradshaw and the Town of Markham together
with the transfer/deed of land and any other required closing documentation
(Relocation of the Udell-Hamilton House, Lot 37, Plan 65M-2761).
(Clause 1, Report No. 42, 2003)
BY-LAW 2003-244 A by-law to authorize the Mayor and Clerk to execute an Agreement
of Purchase and Sale between Gregory Knight and Tara Cooke and the Town of
Markham together with the transfer/deed of land and any other required closing
documentation (Relocation of The Peter G. Mustard House, Lot 28, 65M-2761).
(Clause 4, Report No. 42, 2003)
BY-LAW 2003-246 A by-law to authorize the execution of a Transfer of Easement to
Margaret Lee for the installation of a private sanitary sewer line over lands
legally described as Part of Block 39, Plan 65M-2761, designated as Part 1,
Plan 65R-to be deposited.
(Clause 13, Report No. 46, 2003)
BY-LAW 2003-247 A by-law to provide for reduced hours of voting for institutions
and retirement homes (St. Lukes Lodge, Union Villa, Sunrise Assisted Care and
The Woodhaven - 10:00 a.m. to 6:00 p.m.)
(Clause 14, Report No. 46, 2003)
BY-LAW 2003-248 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3297 as public highways of the Town of Markham (Eastpine
Kennedy-Streets Limited and Ricenberg Development Limited, Block 16, Plan
65M-2109 and Part of Lot 2, Concession 5 - Eastpine Drive, Merry Brook Lane,
Clayton Drive, Whistler Drive & Beechgrove Crescent).
(Clause 2, Report No. 47, 2003
BY-LAW 2003-249 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3251 as public highways of the Town of Markham (Mattamy
(Unionville) Inc., Part of Lot 20, Concession 6 - Castlemore Avenue, William
Berczy Boulevard, Majestic Drive, Drawbridge Drive, Saxony Drive, Winston
Castle Drive, Lancelot Lane and Trojan Crescent).
(Clause 2, Report No. 47, 2003
BY-LAW 2003-250 A by-law to amend Traffic By-law 106-71 (Plans 65M-3297 and
65M-3251 - To include compulsory stops).
(Clause 2, Report No, 47, 2003)
BY-LAW 2003-251 A by-law to amend Speed By-law 105-71 (Plans 65M-3297 and
65M-3251 - To limit the speed of 40 km per hour).
(Clause 2, Report No, 47, 2003k
BY-LAW 2003-252 A by-law to amend Parking By-law 336-88 (Plans 65M-3297 and
65M-3251 - To prohibit parking).
(Clause 2, Report No, 47, 2003)
BY-LAW 2003-253 A by-law to amend By-law 2001-53, being a by-law to prohibit
and regulate the placing or dumping of fill or the alteration of the grade of
land (To restrict filling on "Agricultural" zoned lands to a maximum
depth of 600 mm).
(Clause 3, Report No. 47, 2003)
BY-LAW 2003-254 A by-law to amend Zoning By-law 177-96, as amended (Angus Glen
Developments, East Village, south side of Major Mckenzie Drive, west of Kennedy
Road, Part of Lots 19 and 20, Concession 5 - To change the development
standards related to encroachment of stairs into the required front yards).
(Clause 13, Report No. 47, 2003)
BY-LAW 2003-255 A by-law to amend Zoning By-law 1767, as amended (Townhomes of
Thornhill Village Inc, 300 John Street - To permit a mix of medium and high
density residential and commercial redevelopment).
(Committee of the Whole Motion - July 8, 2003)
CARRIED
Councillor K. Usman abstained
BY-LAW 2003-256 A by-law to amend Zoning By-law 304-87, as amended (Wykland
Estates Inc. (Mattamy Homes), 19TM-030003 (Phase 1) - To delete the subject
lands from the area Zoning By-law 304-87, as amended so that they can be
incorporated into Zoning By-law 177-96, as amended to accommodate the proposed
residential Plan of Subdivision).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-257 A by-law to amend Zoning By-laws 177-96 and 28-97, as amended
(Wykland Estates Inc. (Mattamy Homes), 19TM-030003 (Phase 1) - To accommodate
the proposed residential Plan of Subdivision).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-258 A by-law to amend Zoning By-law 304-87, as amended (Cornell
Rouge Development Corporation (Madison Homes/Forest Hill Homes), 19TM-030006
(Phase 1) - To delete the subject lands from the area Zoning By-law 304-87, as
amended so that they can be incorporated into Zoning By-law 177-96, as amended
to accommodate the proposed residential Plan of Subdivision).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-259 A by-law to amend Zoning By-laws 177-96 and 28-97, as amended
(Cornell Rouge Development Corporation (Madison Homes/Forest Hill Homes),
19TM-030006 (Phase 1) - To accommodate the proposed residential Plan of
Subdivision).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-260 A by-law to amend Fence by-law 277-97 (To permit 1.8 m (6 feet)
high rear yard fences for corner lots in residential zones subject to: a
maximum 1.8 m (6 feet) of open lattice OR a maximum of 1.52 m (5 feet) of solid
panel, commencing from the ground, with a maximum 0.3 m (1 foot) of open
latticework at the top of the fence).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-261 A by-law to adopted Official Plan Amendment No. 114 (Wismer
Markham Developments Inc., 9650 Highway No. 48, Concession 7, Part Lots 18
& 19 - To permit shopping centre uses).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-262 A by-law to amend Zoning By-law 304-87, as amended (Highway 48
Major Commercial Zone - To delete the subject lands from By-law 304-87, as
amended, so that they may be incorporated into By-law 177-96 to permit shopping
centre, residential and mixed-use developments).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-263 A by-law to amend Zoning By-law 177-96, as amended (Highway 48
Major Commercial Zone - To permit shopping centre, residential and mixed-use
developments).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-264 A by-law to amend Zoning By-law 304-87, as amended (Cloverwood
Estates Inc., 7677 McCowan Road, Part of Lot 4, Concession 7 - To delete the
subject lands from the area Zoning By-law 304-87, as amended so that they can
be incorporated into Zoning By-law 90-81, as amended to permit 29
single-dwellings).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-265 A by-law to amend Zoning By-law 304-87, as amended (Cloverwood
Estates Inc., 7677 McCowan Road, Part of Lot 4, Concession 7 - To permit 29
single-dwellings).
(Committee of the Whole Motion - July 8, 2003)
BY-LAW 2003-266 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Pam Grey Holding Inc., north of 16th Avenue &
east of Highway 48, Lots 1 to 12, Blocks 28 to 33, Plan 65M-3662 and Lots 1 to
12 and 16 to 19, Blocks 37, 38, 39, 42, 45, 48, 49, 50 & 51, Plan 65M-3663)
BY-LAW 2003-267 A by-law to amend By-law 2002-178, being a by-law to appoint
Municipal Law Enforcement Officers (To appoint William Wiles, Krystal Strong,
Laura Finlay, Michael Kee, Colin Easson, Michael Craven and Michael Kosch).
BY-LAW 2003-268 A by-law to amend Zoning By-law 177-96, as amended (Solo
Development and Solar Builders (Abidien Inc.), 19TM-99021, south side of Castan
Avenue and west of Kennedy Road - To remove the (H) Hold provision).
CARRIED
Moved by Regional Councillor F. Scarpitti
Seconded by Councillor E. Shapero
That Council
resolve itself into Committee of the Whole in-camera to discuss a confidential
personnel matter.
CARRIED
Moved by Regional Councillor F. Scarpitti
Seconded by Councillor E. Shapero
That Council rise from Committee of the Whole
in-camera without reporting.
CARRIED
Moved by
Regional Councillor F. Scarpitti
Seconded by
Councillor E. Shapero
That By-law
2003-245 be given three readings and enacted.
Three Readings
BY-LAW 2003-245 A by-law to confirm the proceedings of the Council meeting of
July 8, 2003.
(Council Meeting No. 16, 2003)
CARRIED
11. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
That the
meeting do adjourn.
CARRIED
Council
adjourned at 10:45 p.m.
___________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)