M I N U T E S

COMMITTEE OF THE WHOLE

2006-05-23

Canada Room

 

 

Attendance Mayor                          D. Cousens   Deputy Mayor              F. Scarpitti   Regional Councillors     J. Jones                                     B. O'Donnell   Councillors                   S. Daurio                                     J. Virgilio                                     G. McKelvey                                     J. Webster                                     D. Horchik                                     K. Usman                                     A. Chiu   Regrets Regional Councillor J. Heath Councillor E. Shapero

Staff   J. Livey, Chief Administrative Officer S. Birrell, Town Clerk B. Cribbett, Treasurer C. Conrad, Town Solicitor K. Kitteringham, Deputy Clerk J. Sales, Commissioner of Community &    Fire Services J. Baird, Commissioner of Development    Services A. Taylor, Commissioner of Corporate Services

 

 

The Committee of the Whole meeting convened at the hour of 5:10 p.m. with D. Cousens in the Chair.

 

 

1.         MINUTES OF COMMITTEE OF THE WHOLE
            - MAY 9, 2006 (16.0)

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the minutes of the Committee of the Whole meeting held on May 9, 2006 be confirmed.

 

CARRIED

 

 

 

2.         APPOINTMENTS TO
            EXTENDED DRIVEWAY WORKING GROUP (16.24)

 

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Jones

 

That the following persons be appointed to the Extended Driveway Working Group:

 

- Costa Kollias - Nominated by Regional Councillor J. Heath

- Sharon Fortis - Nominated by Regional Councillor J. Jones

- Kevin Leung - Nominated by Councillor K. Usman

 

Carried

 

 

 

3.         GREENBELT VOLKSWAGEN LTD.
            7997 KENNEDY ROAD AND 31 HELEN AVENUE
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            AND SITE PLAN APPROVAL TO PERMIT EXPANSION
            OF THE GREENBELT VOLKSWAGEN DEALERSHIP
            (OP 03 108961, ZA 03 108969, SC 03 108973) (10.3, 10.5, 10.6)

            Report   1  2  3  4  5  A  B  C  UpdateMemo

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor K. Usman

 

That the memo from Development Services Commission regarding the wording of the zoning amendment that would limit zoning to one specific dealership, and conditions relating to preservation of the Heritage building in Phase III instead of Phase I, with provisions to deal with a commitment for preservation, easements, and location issues, be received;

 

Carried

 

 

 

4.         MONARCH CORPORATION
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            APPROVAL AND BY-LAW AMENDMENT
            NORTH SIDE OF ELGIN MILLS,
            WEST SIDE OF WOODBINE AVENUE
            CATHEDRAL COMMUNITY (10.5, 10.7)

            Report  Maps  By-laws  App B   UpdateMemo 

 

Mr. J. Baird, Commissioner of Development Services provided an overview of the updated memo dated May 23, 2006, and responded to questions from Members of Council.

 

Moved by Councillor J. Virgilio

Seconded by Councillor K. Usman

 

That the memo from Development Services Commission providing an update on conditions of draft approval and the Region’s pre-condition requirement with respect to the Woodbine By-pass, be received;

 

That the draft plan of subdivision 19TM-05006, prepared by Bousfields Inc., dated February 21, 2006, to permit 204 single detached lots, 66 lane base townhouse units and 5.65 hectares of employment lands, north side of Elgin Mills, west side of Woodbine Avenue, be approved subject to the conditions of draft plan approval as set out in Appendix ‘A’ to the staff memo dated May 23, 2006, and the following redline revisions:

 

·        Woodbine Avenue (Existing) / Street B intersection, West leg: Provide 24.0m ROW for 45m in length. Remove 0.3m Reserve on both the north and south sides of the Street B within the 24m ROW.

 

·        Woodbine By-Pass / Street A intersection (West Leg): Provide 26.5m ROW for 30.0m in length, and provide taper transition from 26.5m ROW to 22m for 30m in length.

 

·        Woodbine By-Pass / Street B intersection (East Leg): Provide 26.5m ROW for 30.0m in length, and provide taper transition from 26.5m ROW to 22m for 30m in length.

 

That the application submitted by Monarch Corporation to amend Zoning By-laws 177-76 and 304-87, as amended, be approved, and the draft by-laws attached as Appendix ‘B’ to the staff report dated May 16, 2006, be enacted;

 

That the Director of Planning and Urban Design be directed to issue draft approval, when the following requirements have been complied with:

 

(a)        That the Cathedral West Landowners Group enter into an agreement with York Region and the Town for the construction and completion of the Woodbine Avenue By-pass as outlined in Clause No. 10 in Report No. 6 of the Planning and Economic Development Committee Report titled "Woodbine Avenue By-pass Construction and Prepaid Development Charge Credit Agreement Principles" which was adopted by York Region Council at its meeting on June 23, 2005 and February 16, 2006 (revised), and reflecting Town of Markham requirements as outlined in a report to Markham's General Committee dated January 23, 2006.

 

(b)        The Owner shall enter into an agreement with the Town, applying specifically to Blocks 205 and 213 and lots 26 to 29, 88 to 91, 148, 149 and 204 of draft plan 19TM-05006, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject blocks, until the following conditions have been met:

 

1.         The Town has completed a detailed design study for the Woodbine Avenue By-pass;

 

2.         The Landowner’s Group has prepared a survey plan of the proposed Woodbine Avenue By-pass right-of-way that reflects the recommendations of the detailed design study, to the satisfaction of the Town and the Region of York;

 

3.         The Owner has conveyed to York Region, free of all costs and encumbrances, any land required for the Woodbine Avenue By-pass within the boundaries of the draft plan 19TM-05006 as identified by the above survey; and,

 

4.         If required, the draft plan has been revised to reflect any changes to the Woodbine Avenue By-pass alignment and any associated changes to the configuration of the subject blocks and lots, resulting from the above survey.

 

That the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

That Monarch Corporation be granted a servicing allocation of 270 units, such allocation to be from the total allocation for the Cathedral community, in accordance with the February 15 and November 22, 2005, reports on servicing allocation;

 

That the Town reserves the right to revoke or reallocate the servicing allocation for this development;

 

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

 

That the Mayor and Clerk be authorized to execute a parkland agreement between the Town and the Cathedral West Landowners Group, in a form satisfactory to the Town Solicitor and the Commissioner of Development Services with respect to compensating the Cathedral West Landowners Group for the over-dedication of 0.702 hectares of park space that will result from the conveyance of the 4.89 hectare environmentally significant woodlot (Block 220) located at the northwest corner of the draft plan area.  The basis for establishing the final value of the over-dedicated portion of the woodlot shall be based on a land appraisal, to the satisfaction of the Commissioner of Development Services. Payment to the West Cathedral Landowners for this over-dedication shall be from funds secured through previous cash-in-lieu of parkland contributions associated with subdivision approvals in the East Cathedral Community, specifically for the purpose of the acquiring the woodlot in the Monarch subdivision. 

 

That the applicant provide the Town with the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357);

 

And further that the draft plan approval for plan of subdivision 19TM-05006 will lapse after a period of three years commencing May 16, 2006, in the event that a subdivision agreement is not executed within that period.

(By-laws 2006-132 to 2006-134)

 

Carried

 

 

 

5.         MONARCH CORPORATION - APPLICATIONS FOR DRAFT
            PLAN OF SUBDIVISION APPROVAL AND BY-LAW AMENDMENT
             - NORTH SIDE OF ELGIN MILLS, WEST SIDE OF WOODBINE AVENUE
             - CATHEDRAL COMMUNITY (TRI-PARTY AGREEMENT) (10.5, 10.7)

             Report  Maps  By-laws  App B   UpdateMemo 

 

Moved by Councillor G. McKelvey

Seconded by Councillor K. Usman

 

That Council consent to the Committee of the Whole Item No. 4, contained in Council Minutes dated May 23, 2006, being revised by deleting the first pre-condition to the subdivision approval (i.e. Pre-condition (a) - Tri-party Agreement regarding Woodbine By-pass);

 

And that the requirement for a Tri-party Agreement be made a condition of draft approval rather than a pre-condition to draft approval.

 

Carried

 

 

 

6.         LICENSING HEARING FOR "YU YU SPA"
             - 145 ROYAL CREST COURT UNIT #40, MARKHAM (2.0)

 

Moved by Councillor J. Webster

Seconded by Councillor S. Daurio

 

That Ms. Hong Yan’s renewal application for a 2006 licence to own and operate a Complimentary Healthcare establishment known as “Yu Yu Spa”, at 145 Royal Crest Court, Unit 10, Markham, Ontario be denied because the conduct of the applicant affords reasonable grounds for belief that the business will not be carried out in accordance with the law and with integrity and honesty;

 

And that pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

Carried

 

 

 

7.         EXTENDED DRIVEWAYS PUBLIC MEETING
            - JUNE 19, 2006 (16.24 & 10.5)

 

The Clerk advised Council of the unavailability of the Council Chambers on June 19, 2006 due to a pre-scheduled public meeting.

 

The Clerk was directed to select an alternative public meeting date and circulate it to Members of Council for feedback regarding their availability.

 

 

 

 

ADJOURNMENT

 

The Committee of the Whole meeting adjourned at 6:15 p.m.