Council
Minutes
June
23, 2015, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 16
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Joe Li, Regional Councillor Nirmala Armstrong, Councillor Valerie
Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea,
Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Dennis Flaherty, Director of
Communications and Community Relations
Raj Raman,
Mayor's Chief of Staff
Kimberley
Kitteringham, City Clerk
Martha Pettit,
Deputy City Clerk
Meg West,
Manager, Strategic Initiatives
Martin Frowen,
Technology Support Coordinator
The regular
meeting of Council convened at 7:01 PM on June 23, 2015 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – JUNE 15 AND 16, 2015
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on June 15 and 16, 2015, be adopted.
Carried
3. PRESENTATIONS
(1) BUILDING MARKHAM’S FUTURE
TOGETHER 2015 TO 2019 UPDATE (16.23)
Report Appendix
A Appendix
B
Appendix
C Appendix
D
This matter was referred from the June 22, 2015 General Committee
meeting.
Meg West, Manager, Strategic Initiatives,
provided an on-line demonstration of the Community Engagement Tool.
Moved by Councillor
Alan Ho
Seconded by Councillor
Colin Campbell
That the on-line demonstration of the Community Engagement Tool provided by
Meg West, Manager, Strategic Initiatives, be received.
Carried
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Colin Campbell
1) That the report
entitled Building Markham’s Future Together (BMFT) - Council’s Strategic Plan
2015 to 2019 - Summary of findings from the Training and Education Sessions and
Proposed Public Engagement Program be received; and,
2) That the
summary of the Council Training and Education Sessions held on April 20, 2015,
April 24, 2015 and May 13, 2015 as outlined in Appendices A, B, C and D
attached be endorsed; and further,
3) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
4. DELEGATIONS
(1) DELEGATION
REGARDING THE ITEM TITLED
KYLEMORE COMMUNITIES (YORKTON)
LIMITED
OFFICIAL PLAN, DRAFT PLAN OF
SUBDIVISION AND
ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT
132 TOWNHOUSE UNITS AT 9350 TO
9392 KENNEDY ROAD
FILE NOS. OP, SU, & ZA 14
132762 (10.3, 10.7 & 10.5)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Alan Ho
That the
delegation of Thomas West expressing opposition and concerns related to the proposed
recommendation for the application submitted by Kylemore Communities (Yorkton)
Limited, 9350 to 9392 Kennedy Road, be received.
(See Item No.
3, Report No. 37 for Council's decision on this matter)
Carried
(2) DELEGATION REGARDING THE ITEM TITLED
PROPOSED EXTENSION OF
NOTIFICATION PERIOD
FOR MINOR VARIANCES AND
EXPANSION OF
CIRCULATION BOUNDARIES FOR
COMMITTEE OF ADJUSTMENT
APPLICATIONS AND STATUTORY
PUBLIC MEETINGS (10.12)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Alan Ho
That the
delegation of Mayrose Gregorios in support of the proposed extension of notification period for minor variances and
expansion of circulation boundaries for committee of adjustment applications
and statutory public meetings be received.
(See Item No.
5, Report No. 37 for Council's decision on this matter)
Carried
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 33 - GENERAL COMMITTEE (June
15, 2015)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That Report
No. 33 – General Committee comprised of 1 item be received and adopted.
(1) AQUATIC LEADERSHIP PROGRAM
- A PARTNERSHIP BETWEEN CITY OF
MARKHAM AND YORK REGION DISTRICT
SCHOOL BOARD (6.0)
Report
1) The report
titled “Aquatic Leadership Program – A Partnership between City of Markham and
York Region District School Board” be received; and,
2) That Council
approve the Aquatic Leadership Program partnership between the City of Markham
and York Region District School Board as described in the report; and,
3) That the
Commissioner of Community and Fire Services be delegated authority to execute
the Aquatic Leadership Program partnership Memorandum of Understanding with
York Region District School Board, based on approval by the City Solicitor; and
further,
4) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
6(b) REPORT NO. 34 - DEVELOPMENT SERVICES
COMMITTEE (June 16 2015)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 34 – Development Services Committee comprised of 3 items be received and
adopted.
(1) MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT
FOR MIDLAND AVENUE EXTENSION
(FROM STEELES AVENUE TO OLD
KENNEDY ROAD) (5.7)
Presentation
1) That the deputations by Deacon Timothy Young of the Logos Baptist Church, Andrew Madden,
representing the Developers Group, and Pat Dimilta, representing the owners of 103,
113 and 123 Old Kennedy Road, regarding the Municipal
Class Environmental Assessment for Midland Avenue Extension, be received; and,
2) That
the June 16, 2015 presentation by Masongsong & Associates / Poulos &
Chung entitled "Municipal Class Environmental Assessment for Midland
Avenue Extension (from Steeles Avenue to Old Kennedy Road)" be received; and,
3) That
the preferred alignment and cross-section for the Midland Ave from Steeles Ave
to Old Kennedy Road (Option #3) be endorsed; and,
4) That
staff be authorized to file the Environmental Study Report (ESR) for the
Midland Ave extension from Steeles Ave to Old Kennedy Road with the Ministry of
the Environment and Climate Change for the 30 day public review period; and,
5) That
staff be
directed to work with the Developers Group Trustee and Pat Dimilta of Dimilta
Bros. Investment Group, to address the impacts to 103, 113 and 123 Old Kennedy
Road; and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) REQUEST FOR DEMOLITION
287 MAIN ST. N. MARKHAM
VILLAGE (16.11, 10.13)
Report
1) That
Council endorse the demolition of the non-heritage single detached dwelling and
detached accessory building at 287 Main St. N. located within the Markham
Village Heritage Conservation District; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) MEMORANDUM
PROPOSED REVOCATION OF
MINISTER’S ZONING ORDER (MZO)
ONTARIO REGULATION 104/72
(AIRPORT FREEZE)
ON LANDS GENERALLY LOCATED
WEST OF HIGHWAY 48,
SOUTH OF 19TH
AVENUE, EAST OF KENNEDY ROAD
AND NORTH OF MAJOR MACKENZIE
DRIVE (10.5)
Memo
1) That
the memorandum entitled, “MEMORANDUM: Proposed Revocation of Minister’s Zoning
Order (MZO), Ontario Regulation 104/72 (Airport Freeze), on lands generally
located west of Highway 48, south of 19th Avenue, east of Kennedy
Road and north of Major Mackenzie Drive” be received; and,
2) That
a copy of this memo be forwarded to the Ministry of Municipal Affairs and
Housing (MMAH), along with a covering letter informing the Ministry:
i) That
the City of Markham has no objection to the revocation of the MZO on the lands
generally located west of Highway 48,
south of 19th Avenue, east of Kennedy Road and north of Major
Mackenzie Drive (Figure 1), and;
ii) That
the City of Markham requests a comprehensive list of all MZO amendments
approved by the Ministry affecting the subject lands; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution
Carried
6(c) REPORT NO. 35 - DEVELOPMENT SERVICES
PUBLIC MEETING
(June 16, 2015)
Moved by Councillor
Karen Rea
Seconded by Councillor
Colin Campbell
(1) REQUEST
TO CALL A PUBLIC MEETING
162 MAIN STREET NORTH, MARKHAM
VILLAGE
1377402 ONTARIO INC.
FILE: ZA 15 147635 (10.5)
Memo
Moved by
Councillor Karen Rea
Seconded by
Councillor Colin Campbell
1)
That the written submission from Joseph Cimer,
agent for the applicant, dated June 16, 2015, regarding the application for 162
Main Street North, Markham, be received; and,
2)
That the deputation by Gord Walter regarding the
application for 162 Main Street North, Markham, be received; and,
3) That the Development Services Commission report dated June
16, 2015, entitled “Preliminary Report, 1377402 Ontario Inc., Application for
Zoning By-law Amendment to permit Professional Office use, 162 Main Street
North Markham Village, File No. ZA 15 147635,” be received; and,
4) That the Record of the Public Meeting held on June 16, 2015
with respect to the proposed Zoning By-law Amendment application, be received;
and,
5) That the application by 1377402 Ontario Inc. for a proposed
Zoning By-law Amendment (ZA 15 147635), be approved and the draft implementing Zoning
By-law Amendment be finalized and enacted to permit professional offices,
excluding medical offices other than an office use by a single practitioner at
any one time, and residential use including single, duplex, semi-detached,
tri-plex, four-plex, and apartment dwellings; and further,
6) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Referred
(See following to refer)
Moved by Councillor
Karen Rea
Seconded by Councillor Colin Campbell
Carried
6(d) REPORT NO. 36 - GENERAL COMMITTEE (June
22, 2015)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That Report
No. 36 – General Committee comprised of 6 items be received and adopted, except
Item Nos. 1, 2 and 3. (See following
Item No. 1, 2 and 3)
(1) ANIMAL STOREFRONT
(CAT ADOPTION AND EDUCATION CENTRE) (2.8)
Report Presentation
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Colin Campbell
1) That the presentation by Martha Pettit,
Deputy City Clerk and Christopher Alexander, Acting Manager By-law Enforcement
and Regulatory Services regarding the proposal of an animal storefront be
received; and,
2) That
the report entitled “Animal Storefront (Cat Adoption and Education Centre)” be received; and,
3) That
a Cat Adoption and Education Centre (CAEC) be opened in the Thornhill Community
Centre and Library; and,
4) That
the operating costs associated with the CAEC in the amount of $99,191 be funded
from account 310-320-5370 (Animal Control); and,
5) That
the cost for retrofitting the CAEC in the amount of $115,150.00 be funded from
a new capital project called, “Cat Adoption and Education Centre”; and,
6) That
the shortfall associated with the capital start-up costs in the amount of
$35,150.00 be funded from the Non-Development Charge Capital Contingency; and,
7) That
staff be authorized to enter into a contract with the Ontario Society for the
Prevention of Cruelty to Animals for the provision of managing the CAEC for a
term of three years, in a form satisfactory to the City Clerk and City
Solicitor; and,
8) That
staff report back to Council within three years of the opening of the CAEC with
an assessment of the storefront operation; and,
9) That staff be directed
to pursue with the Ontario Society for
the Prevention of Cruelty to Animals (OSPCA) a possible adoption fee revenue
sharing arrangement; and further,
10) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried by a unanimous recorded vote (13:0)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen
Rea, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones,
Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li,
Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan
Kanapathi, Councillor Alex Chiu. (13)
(2) JESUS THE KING MELKITE CATHOLIC CHURCH
– NOISE EXEMPTION REQUEST (2.10)
Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Colin Campbell
1) That
the report entitled “Jesus the King Melkite Catholic Church-Noise Exemption
Request” be received; and,
2) That
Council grant a noise exemption from Section 3.2 of the City of Markham’s Noise
By-law 2003-137 to Jesus the King Melkite Catholic Church to allow for
amplified sound until 11:00 p.m. on Friday July 31, 2015 and Saturday August 1,
2015 and until 10:00 p.m. on Sunday August 2, 2015; and,
3) That
staff be directed to work with the festival organizers to consider potential
alternative solution for their festival in 2016; and,
4) That
staff be directed to monitor the 2015 festival in terms of residential impact;
and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by a recorded vote (11:2)
(See following recorded vote)
YEAS: Councillor
Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor
Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti,
Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda
Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (10)
NAYS: Councillor
Valerie Burke, Deputy Mayor Jack Heath. (2)
(3) MINUTES OF THE JUNE 17, 2015
ENVIRONMENTAL ISSUES COMMITTEE (16.0)
Minutes Report
1) That the minutes of the June 17, 2015 Environmental Issues
Committee meeting be received for information purposes; and,
2) That the below recommendations from the report entitled
“Markham Environmental Sustainability Fund (MESF) Funding Applications, Spring
2015” adopted at the June 17, 2015 Environmental Issues Committee be endorsed:
(a) That the Spring 2015 MESF funding
applications be approved:
i)
Ontario Streams East Don River Rehabilitation Initiative
request for $5,742.00
ii)
The Living City Foundation, TRCA – Creating Habitat Through the Seasons
request for $8,300
iii)
TRCA on behalf of Pomona Mills Park Conservationists (PMPC) –River Elbow
Community Planting request for $1,469; and,
(b) That the funds be provided from the 2015
Markham Environmental Sustainability Fund (MESF), account #87 2800168; and
further,
(c) That Staff be authorized to do all
things necessary to give effect to the above.
Carried
(4) AWARD OF PROPOSAL 058-R-14 SUPPLY
AND IMPLEMENTATION OF ELECTRONIC
DEVELOPMENT PLAN SERVICE DELIVERY SYSTEM (7.12)
Report
1) That the report entitled “Award of Proposal 058-R-14 Supply and Implementation of Electronic Development Plan Service
Delivery System” be received; and,
2) That the contract for Supply and Implementation of Electronic Plan Service Delivery System from
Proposal 058-R-14
be awarded to the highest
ranked/lowest priced bidder, Avolve Software Corporation in the amount of
$949,664.12 (inclusive of HST), of which $659,203.32 is for the software and
implementation costs and $290,460.80 is for four years of support and
maintenance; and,
3) That the software and implementation costs for
058-R-14 be funded from account #084-5350-14070-005 Supply
and Implementation of Electronic Plan Service Delivery System in the amount of $659,203.32 (inclusive
of HST); and,
4) That the software support and maintenance fee
in the amount of $290,460.80 (inclusive of HST) over a four year term be funded
from #400-404-5361 Computer Hardware, in the amounts of;
Year 2 (2017) - $70,472.67
Year 3 (2018) - $71,882.12
Year 4 (2019) - $73,319.85
Year 5 (2020) - $74,786.16
Total - $290,460.08; and,
5) That Avolve Software Corporation be designated as the preferred
vendor for the City’s electronic plan service needs for the five year term of
this contract; and,
6) That the Chief Information Officer be authorized to approve
the annual support and maintenance from year six onwards subject to approval of
the annual Operating Budget; and,
7) That Report “058-R-14 for Supply and Implementation of Electronic Plan Service Delivery
System” be included as part of the June 23 Council Meeting agenda; further,
8) That Staff be authorized and
directed to do all things necessary to give effect to this resolution.
Carried
(5) CONTRACT EXTENSION FOR WINTER
MAINTENANCE CONTRACTS: (095-T-08)
SUPPLY AND OPERATION OF TANDEM/SINGLE
AXLE COMBINATION PLOWS AND (032-T-08)
SIDEWALK WINTER MAINTENANCE (7.12)
Report
1) That
the report entitled “Contract Extension for Winter Maintenance Contracts:
(095-T-08) Supply and Operation of Tandem/Single Axle Combination Plows and
(032-T-08) Sidewalk Winter Maintenance” be received; and,
2) That
Contract (095-T-08) Supply and Operation of Tandem/Single Axle Combination
Plows be extended to D. Crupi & Sons Limited for an additional three (3)
years (November 1, 2015 to April 1st, 2018) as per the original 2008
contract term in the estimated annual contractual value of $1,896,955.00
inclusive of HST; and,
3) That
Staff be authorized to extend Contract (095-T-08) Supply and Operation of
Tandem/Single Axle Combination Plows D. Crupi & Sons Limited for a further
five (5) years (November 1, 2018 to April 1st, 2023) at the sole
discretion of the City in the estimated annual contractual value of $1,896,955 .00 inclusive of HST; and,
4) That
Contract (032-T-08) Sidewalk Winter Maintenance be extended to VTA Construction
Ltd. and De Ferrari Construction Limited for an additional three (3) years
(November 1, 2015 to April 1st, 2018) as per the original 2008
contract term in the estimated annual contractual value of $ 2,088,234.00
inclusive of HST; and,
5) That
Staff be authorized to extend Contract (032-T-08) Sidewalk Winter Maintenance
be extended to VTA Construction Ltd. and De Ferrari Construction Limited to VTA
Construction Ltd. and De Ferrari Construction Limited for a further five (5) years (November 1,
2018 to April 1st, 2023) at the sole discretion of the City in the
estimated annual contractual value of
$2,088,234.00 inclusive of HST; and,
6) That
the tendering process be waived for recommendations # 3 and 5 in accordance
with Purchasing By-Law 2004-341, Part II, Section 7 (1) (c) which states “when
the extension of an existing contract would prove more cost-effective or
beneficial”; and,
7) That the 2016 – 2023 budgets and the
corresponding purchase orders be adjusted for a price escalation
allowance based on the Consumer Price Index (CPI), Canada All-items (March to
March); and,
8) That the 2016 – 2023 budgets and the corresponding purchase
orders be adjusted for growth (increase in kilometers of roadway) based on the
Council approved service levels; and,
9) That funds be provided
from the Accounts identified in the Financial Considerations section in the
annual amount of $ 3,985,189.00 ($1,896,955.00+ $2,088,234.00) inclusive of
HST; and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(6) ENBRIDGE FRANCHISE
AGREEMENT - RENEWAL (8.2)
Report Attachment
A Attachment
B
1) That the report entitled
“Enbridge Franchise Agreement - Renewal”, dated June 15, 2015, be received;
and,
2) That Council approve the form
of the Franchise Agreement and draft By-law attached hereto and authorize the
submission thereof, and any other documents required, to the Ontario Energy
Board for approval pursuant to the provisions of Section 9 of the Municipal Franchises Act; and,
3) That Council request the
Ontario Energy Board to make an order dispensing with the assent of the
municipal electors of the Franchise Agreement and attached draft By-law,
pursuant to the provisions of Section 9 of the Municipal
Franchises Act; and,
4) That the Mayor and Clerk be
authorized to enter into the Franchise Agreement with Enbridge Gas Distribution
Inc. to give effect to the forgoing, said agreement to be in a form and content
satisfactory to the Chief Administrative Officer and the City Solicitor; and
further,
5) That Staff be authorized and
directed to do all things necessary to give effect to this resolution.
(By-law 2015-118)
Carried
6(e) REPORT NO. 37 - DEVELOPMENT SERVICES
COMMITTEE (June 23 2015)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 37 – Development Services Committee comprises of 5 items be received and
adopted, except Item Nos. 3, 4 and 5.
(See following Item Nos. 3, 4 and 5)
Report Appendix
A
1) That
correspondence from Jeffrey E. Streisfield of Land Law, representing Scared 7
Company Ltd., and from John A.R. Dawson of McCarthy Tetrault, representing the
Infrastructure Ontario, regarding proposed modifications to the 2014 City of
Markham Official Plan, be received; and,
2) That
the report entitled “2014 City of Markham Official Plan, Part I – Proposed
Further Modifications Recommended for Approval by the Ontario Municipal Board”
dated June 23, 2015, be received; and,
3) That the proposed modifications to the 2014 City of Markham
Official Plan – Part 1, as outlined in Appendix ‘A’ of the report entitled “2014 City of Markham Official Plan, Part I – Proposed Further Modifications
Recommended for Approval by the Ontario Municipal Board” dated June 23, 2015, be endorsed, and forwarded to the Ontario Municipal
Board for approval; and further,
4) That
staff and legal counsel be authorized and directed to do all things necessary
to give effect to this resolution.
Carried
(2) KYLEMORE YORKTON PHASE II
COMMUNITY DESIGN PLAN (10.0)
Report Appendix
A
1) That
the staff report titled “Kylemore Yorkton Phase II Community Design Plan”,
dated June 23, 2015, be received; and,
2) That
the Kylemore Communities, Yorkton Phase II, Community
Design Brief (Community Design Plan, “CDP”), prepared by RN Design
be endorsed; and,
3) That
the Community Design Plan be used in the
evaluation of all development applications within the Kylemore Yorkton Phase II
Community; and,
4) That
the Director of Planning and Urban Design be authorized to approve any future
required revisions to the CDP; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) RECOMMENDATION
REPORT
KYLEMORE COMMUNITIES (YORKTON)
LIMITED
OFFICIAL PLAN, DRAFT PLAN OF
SUBDIVISION AND
ZONING AMENDMENT APPLICATIONS
TO PERMIT
132 TOWNHOUSE UNITS AT 9350 TO
9392 KENNEDY ROAD
FILE NOS. OP, SU, & ZA 14
132762 (10.3, 10.7 & 10.5)
Report
Moved by
Councillor Amanda Collucci
Seconded by Councillor
Colin Campbell
1) That the report titled
“Recommendation Report, Kylemore Communities (Yorkton) Limited, Official Plan,
Draft Plan of Subdivision and Zoning Amendment Applications to permit 132
townhouse units at 9350 to 9392 Kennedy Road” dated June 23, 2015, be received;
and,
2) That the applications
submitted by Kylemore Communities (Yorkton) Limited, to amend the in force
Official Plan (Revised 1987), as amended, the Markham Official Plan 2014 (not
yet in force), Zoning By-laws 304-87 and 177-96, as amended, to permit a 132
unit townhouse development at 9350 to 9392 Kennedy Road be approved; and,
3) That the proposed
amendment to the in force Markham Official Plan (Revised 1987), as amended,
attached as Appendix ‘B’, and a corresponding amendment to the Markham Official
Plan 2014 (not yet in force), attached as Appendix ‘C’ be forwarded to Council
for adoption; and,
4) That the zoning by-law include an (H) provision on the lands
at the southwest corner of Street A and Kennedy Road, to be removed when the applicant
has entered into a subdivision agreement and site plan agreement to address
matters pertaining to tree preservation, building siting and potential future
access integration with the property to the south, to the satisfaction of the Director of Planning and Urban Design, or his designate; and,
5) That
the proposed amendments to Zoning By-laws 304-87 and 177-96, as amended,
attached as Appendix ‘D’, be forwarded to Council for approval and enacted
without further notice; and,
6) That
the Director of Planning and Urban Design, or his designate, be delegated
authority to issue draft approval, subject to the conditions set out in
Appendix ‘A’ as may be amended by the Director of Planning and Urban Design;
and further,
7) That
Council hereby determines that the giving of further notice is not required for
the Official Plan, Draft of Subdivision and Zoning By-Law Amendment
applications for 9350 to 9392 Kennedy Road, File Nos. OP, SU & ZA 14
132762.
(By-laws 2015-119 to 2015-121)
Carried
(See following to consider the matter)
Council consented to add the following as Resolution No. 4 to the
proposed recommendation:
"4) That the zoning by-law include an (H)
provision on the lands at the southwest corner of Street A and Kennedy Road, to
be removed when the applicant has entered into a subdivision agreement and site
plan agreement to address matters pertaining to tree preservation, building
siting and potential future access integration with the property to the south,
to the satisfaction of the Director of Planning and Urban Design, or his
designate;"
Moved by Regional Councillor Jim Jones
Seconded by Councillor Logan Kanapathi
That Council consider the item titled "Recommendation Report,
Kylemore Communities (Yorkton) Limited, Official Plan, Draft Plan of
Subdivision and Zoning Amendment Applications to permit 132 townhouse units at
9350 to 9392 Kennedy Road" immediately following the delegation with
respect thereto.
Carried
(4) DEMOLITION
PERMIT APPLICATION
HISTORIC BARN, 24 MAPLE LANE
UNIONVILLE HERITAGE
CONSERVATION DISTRICT
FILE NO. 14 133286 DP (16.11,
10.13)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
correspondence from John Shepley, and submissions by Jinli Ding from JHL
Engineering Inc. and Cy Wong and Associates, regarding 24 Maple Lane, be
received; and,
2) That
the staff report titled “Demolition Permit Application, Historic Barn, 24 Maple
Lane, Unionville Heritage Conservation District” dated June 16, 2015, be
received; and,
3) That
the application for a Demolition Permit (14 133286 DP) be approved, on the
condition that the materials be salvaged for re-use on site, or for sale; and
further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by a recorded vote (11:2)
(See following recorded vote)
YEAS: Councillor
Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor
Nirmala Armstrong, Regional Councillor Jim Jones, Deputy Mayor Jack Heath,
Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda
Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (11)
NAYS: Councillor
Valerie Burke, Mayor Frank Scarpitti. (2)
(5) INFORMATION REPORT
PROPOSED EXTENSION OF NOTIFICATION PERIOD
FOR MINOR VARIANCES AND EXPANSION OF
CIRCULATION BOUNDARIES FOR COMMITTEE OF ADJUSTMENT
APPLICATIONS AND STATUTORY PUBLIC MEETINGS (10.12)
Report
1) That the report
entitled “Proposed Extension of Notification Period for Minor Variances and
Expansion of Circulation Boundaries for Committee of Adjustment Applications
and Statutory Public Meetings’’ be received as the Planning Staff response to
the information requested by Development Services Committee; and,
2) That the circulation
boundaries be increased to 120 metres for Committee of Adjustment applications
and to 200 metres for Statutory Public meetings; and,
3) That the notification
period for Committee of Adjustment applications be expanded to 14 days; and,
4) That double-sided signs
be used for Committee of Adjustment applications; and,
5) That all Heritage Estates property
owners be notified of Committee of Adjustment minor variance applications within
Heritage Estates; and,
6) That staff ensure clearer maps are
utilized in notice letters; and further,
7) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Joe Li
That Council
receive and consent to the disposition of communications in the following
manner:
Received
48-2015 TEMPORARY
EXTENSION APPLICATION (LIQUOR SALES LICENCE) FOR JAKES ON MAIN PUB &
GRILLE, 202 MAIN STREET UNIONVILLE (WARD 3) (3.21)
Info
Requesting
an approval from the City of Markham to extend their existing liquor licence
for the patio areas at 202 Main Street Unionville. The proposed extension will
be utilized on August 14, 15 and 16, 2015 (ending at 11:00 pm on August 16), in
celebration with the Markham Jazz Festival.
Carried
49-2015 MEMORANDUM
REGARDING THE PROPOSED HOLD REMOVAL BY-LAW FOR LINDVEST (CORNELL) PROPERTIES
LTD., SOUTH SIDE OF HIGHWAY 7 EAST AND EAST SIDE OF 9TH LINE (10.5)
Memo
Memorandum dated June 23, 2015 from the Commissioner of Development
Services providing information regarding the proposed Hold Removal By-law for Lindvest
(Cornell) Properties Ltd. and recommending the approval of the proposed Hold
Removal By-law.
(By-law 2015-101)
Carried
50-2015 LIQUOR LICENCE
APPLICATION FOR CHANCE BAR AND LOUNGE, 28 SOUTH UNIONVILLE AVENUE, UNIT 1058
(WARD 3) (3.21)
Info
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(New premises and application of a new liquor licence for indoor
areas).
Carried
51-2015 MEMORANDUM
REGARDING THE HOLD REMOVAL BY-LAW FOR PAGNELL HOMES INC. AND OSTRYA HOMES LTD.,
10 ROUGE BANK DRIVE AND 2, 6 AND 8 PAGNELLO COURT (10.5)
Memo
Memorandum dated June 23, 2015 from the Commissioner of Development
Services providing information regarding the application for Pagnell Homes Inc.
and Ostrya Homes Ltd. and recommending the approval of the Hold Removal By-law
with respect thereto.
(By-law 2015-117)
Carried
10. PROCLAMATIONS
There were no
proclamations.
11. NEW/OTHER BUSINESS
(1) SOLEXICA
SOLAR MARKHAM GP
171 ESNA PARK DRIVE
- SUPPORT FOR FIT PROGRAM
(5.7)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Don Hamilton
Whereas
capitalized terms not defined herein have the meanings ascribed thereto in the
FIT Contract, Version 3.1; and,
Whereas
Solexica Solar Markham GP (the “Supplier”) has entered into a FIT Contract to
construct and operate a 200kW Roof Top Solar PV Array Facility (the “Project”)
on 171 Esna Park Drive (the “Lands”) in the City of Markham (the “Local
Municipality”) under the Province’s FIT Program; and,
Whereas the
Supplier previously requested that the Council of the Local Municipality
(“Council”) indicate by resolution Council’s support for the construction and
operation of the Project on the Lands or all Projects with the same Renewable
Fuel anywhere in the Local Municipality, and Council did provide such support
in a prior resolution; and,
Whereas the
Supplier has requested that the Council indicate, by a resolution dated no
earlier than June 10, 2015 (the “New Resolution”), Council’s continued support
for the construction and operation of the Project on the Lands; and,
Whereas where
a New Resolution is received in respect of a Project, the Supplier will be
recognized as fulfilling the requirements under Section 2.4(d)(vii) of the FIT
Contract, which may result in the Supplier being offered Notice to Proceed in
accordance with the terms of the Supplier’s FIT Contract; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Supplier to achieve Notice to
Proceed under its FIT Contract and may not be used for the purpose of any other
form of municipal approval in relation to the FIT Contract or Project or for any
other purpose.
Carried
(2) SPN
LP 10
80 WHITEHALL DRIVE
- SUPPORT FOR FIT PROGRAM
(5.7)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Don Hamilton
Whereas
capitalized terms not defined herein have the meanings ascribed to them in the
FIT Rules, Version 4.0; and,
Whereas SPN LP
10 (the "Applicant") proposes to construct and operate a Rooftop
Solar Project (the “Project”) on 80
Whitehall Drive (the "Lands") in the City of Markham under the
Province's FIT Program; and,
Whereas the Applicant
has requested that Council of the City of Markham indicate by resolution
Council's support for the construction and operation of the Project on the
Property; and,
Whereas
pursuant to the FIT Rules, Version 4.0, Applications whose Projects receive the
formal support of Local Municipalities will be awarded Priority Points, which
may result in the Applicant being offered a FIT Contract prior to other Persons
applying for FIT Contracts; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be used for the purpose of any other
form of municipal approval in relation to the Applications or Project, or for
any other purpose.
Carried
(3) SPN
LP 10
120 TRAVAIL ROAD
- SUPPORT FOR FIT PROGRAM
(5.7)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Don Hamilton
Whereas
capitalized terms not defined herein have the meanings ascribed to them in the
FIT Rules, Version 4.0; and,
Whereas SPN LP
10 (the "Applicant") proposes to construct and operate a Rooftop
Solar Project (the “Project”) on 120
Travail Road (the "Lands") in the City of Markham under the
Province's FIT Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the FIT Rules, Version 4.0, Applications whose Projects receive the
formal support of Local Municipalities will be awarded Priority Points, which
may result in the Applicant being offered a FIT Contract prior to other Persons
applying for FIT Contracts; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be used for the purpose of any other
form of municipal approval in relation to the Applications or Project, or for
any other purpose.
Carried
(4) SPN
LP 10
140 DUFFIELD DRIVE
- SUPPORT FOR FIT PROGRAM (5.7)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Don Hamilton
Whereas
capitalized terms not defined herein have the meanings ascribed to them in the
FIT Rules, Version 4.0; and,
Whereas SPN LP
10 (the "Applicant") proposes to construct and operate a Rooftop Solar
Project (the “Project”) on 140 Duffield
Drive (the "Lands") in the City of Markham under the Province's FIT
Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the FIT Rules, Version 4.0, Applications whose Projects receive the
formal support of Local Municipalities will be awarded Priority Points, which
may result in the Applicant being offered a FIT Contract prior to other Persons
applying for FIT Contracts; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be used for the purpose of any other
form of municipal approval in relation to the Applications or Project, or for
any other purpose.
Carried
(5) SPN
LP 10
200 KONRAD CRESCENT
- SUPPORT FOR FIT PROGRAM
(5.7)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Don Hamilton
Whereas
capitalized terms not defined herein have the meanings ascribed to them in the
FIT Rules, Version 4.0; and,
Whereas SPN LP
10 (the "Applicant") proposes to construct and operate a Rooftop
Solar Project (the “Project”) on 200
Konrad Crescent (the "Lands") in the City of Markham under the
Province's FIT Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the FIT Rules, Version 4.0, Applications whose Projects receive the
formal support of Local Municipalities will be awarded Priority Points, which
may result in the Applicant being offered a FIT Contract prior to other Persons
applying for FIT Contracts; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be used for the purpose of any other
form of municipal approval in relation to the Applications or Project, or for
any other purpose.
Carried
(6) SPN
LP 10
2650 JOHN STREET
- SUPPORT FOR FIT PROGRAM
(5.7)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Don Hamilton
Whereas
capitalized terms not defined herein have the meanings ascribed to them in the
FIT Rules, Version 4.0; and,
Whereas SPN LP
10 (the "Applicant") proposes to construct and operate a Rooftop
Solar Project (the “Project”) on 2650
John Street (the "Lands") in the City of Markham under the Province's
FIT Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the FIT Rules, Version 4.0, Applications whose Projects receive the
formal support of Local Municipalities will be awarded Priority Points, which
may result in the Applicant being offered a FIT Contract prior to other Persons
applying for FIT Contracts; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be used for the purpose of any other
form of municipal approval in relation to the Applications or Project, or for
any other purpose.
Carried
(7) 8
STEELCASE HOLDING CORPORATION
8 STEELCASE ROAD WEST
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT
APPLICATIONS TO INCREASE THE
MAXIMUM GROSS
FLOOR AREA PERMITTED FOR A
BUSINESS OFFICE USE
AT 8 STEELCASE ROAD WEST FROM
1,755 M² TO 2,500 M²
FILE NO’S. OP/ZA 14 108789
(10.5)
Memo
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Alex Chiu
1) That the staff
memorandum dated June 23, 2015 regarding applications made by 8 Steelcase
Holding Corporation to increase the maximum gross floor area permitted for a
business office use, at 8 Steelcase Road West from 1,755 m² to 2,500 m², be
received; and,
2) That Council having
considered the matter, hereby determine that the change in the application as
reflected in the amending Zoning By-Law as presented at the Public Meeting of
February 17, 2015, is minor; and,
3) That Section 34(17) of
the Planning Act provides for Council to determine if further notice is
required when a change is made in a proposed by-law after the holding of a Public
Meeting; and further,
4) That Council hereby
determines that the giving of further notice is not required for the Zoning
By-Law Amendment application for 8 Steelcase Road West, File Number ZA 14
108789.
(By-laws 2015-102 to 2015-104)
Carried
(8) APPOLLO
UNION LIMITED PARTNERSHIP I
155 SHIELDS COURT
- SUPPORT FOR FIT PROGRAM
(5.7)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Colin Campbell
Whereas
capitalized terms not defined herein have the meanings ascribed to them in the
FIT Rules, Version 4.0; and,
Whereas
Appollo Union Limited Partnership I (the "Applicant") proposes to
construct and operate a Rooftop Solar Project
(the “Project”) on 155 Shields Court (the "Lands") in the City
of Markham under the Province's FIT Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the FIT Rules, Version 4.0, Applications whose Projects receive the
formal support of Local Municipalities will be awarded Priority Points, which
may result in the Applicant being offered a FIT Contract prior to other Persons
applying for FIT Contracts; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be used for the purpose of any other
form of municipal approval in relation to the Applications or Project, or for
any other purpose.
Carried
(9) YORK
CATHOLIC DISTRICT SCHOOL BOARD
6160 16TH AVENUE
EAST
- SUPPORT FOR FIT PROGRAM
(5.7)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Colin Campbell
Whereas
capitalized terms not defined herein have the meanings ascribed to them in the
FIT Rules, Version 4.0; and,
Whereas York
Catholic District School Board (the "Applicant") proposes to
construct and operate a Rooftop Solar Project
(the “Project”) on 6160 16th Avenue East (the
"Lands") in the City of Markham under the Province's FIT Program;
and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the FIT Rules, Version 4.0, Applications whose Projects receive the
formal support of Local Municipalities will be awarded Priority Points, which
may result in the Applicant being offered a FIT Contract prior to other Persons
applying for FIT Contracts; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be used for the purpose of any other
form of municipal approval in relation to the Applications or Project, or for
any other purpose.
Carried
(10) SUPPORT
OF FEED-IN TARIFF PROGRAM (FIT)
FOR THE PROVINCE OF ONTARIO
(5.7)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Colin Campbell
Whereas
capitalized terms not defined herein have the meanings ascribed to them in the
FIT Rules, Version 4.0; and,
Whereas the
Province’s FIT Program encourages the construction and operation of Rooftop
Solar generation projects (the “Projects”); and,
Whereas one or
more Projects may be constructed and operated in the City of Markham; and,
Whereas pursuant
to the FIT Rules, Version 4.0, Applications whose Projects receive the formal
support of Local Municipalities will be awarded Priority Points, which may
result in the Applicant being offered a FIT Contract prior to other Persons
applying for FIT Contracts; and,
Now therefore
be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Projects anywhere in the City of Markham; and,
2) That
this resolution's sole purpose is to enable the participants in the FIT Program
to receive Priority Points under the FIT Program and may not be used for the
purpose of any other form of municipal approval in relation to the Application
or Projects, or for any other purpose; and further,
3) That
this resolution shall expire twelve (12) months after its adoption by Council.
Carried
(11) TO2015 PAN AM/PARAPAN AM
GAMES
- JUNE 2015 STATUS UPDATE (6.0)
Report Attachment
A Attachment
B
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Alan Ho
1) That the report
TO2015 Pan Am/Parapan Am Games – June 2015 Status Update be received; and,
2) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
This matter was referred from the
June 22, 2015 General Committee meeting.
(12) QUEBEC
CITY AVAC INSTALLATION TOUR (5.7)
Report
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Joe Li
1) That
the report entitled “Quebec City AVAC Installation Tour” be received; and
2) That
the five members of the AVAC Feasibility Working Group to attend the tour of
Quebec City’s AVAC installation scheduled for September 2015; and,
3) That
the cost of the tour be funded from MESF - AVAC Feasibility funds to a maximum
of $4,000; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Council consented to replacing the word "...four..." with the
word "...five..." before the words "...members of the AVAC
Feasibility Working Group..."
This matter was referred from the June 22, 2015
General Committee meeting.
(13) MEMORANDUM
- 1820266 ONTARIO INC. (TIMES GROUP INC.)
4002/4022 HIGHWAY 7,
APPLICATIONS FOR
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO PERMIT A TOWNHOUSE
DEVELOPMENT (10.3 AND 10.5)
Memo
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Logan Kanapathi
1) That
the memo from the City Solicitor entitled "1820266 Ontario Inc. (Times
Group Inc.), 4002/4022 Highway 7, applications for Official Plan and Zoning
By-law Amendments to permit a townhouse development" be received; and,
2) That
the Mayor and Clerk be authorized to execute an Agreement with 1820266 Ontario
Inc., or other document as necessary to implement these recommendations, to the
satisfaction of the Chief Administrative Officer and the City Solicitor on the
terms recommended by Legal Services in the above memo, or that the Mayor and Clerk be authorized to
execute another document satisfactory to the Chief Administrative
Officer and City Solicitor that provides a similar level of assurance, as a
condition of Council's approval of the applications for the Official Plan and
Zoning By-law Amendments referred to above; and further,
3) That
the implementing by-laws not be signed until Resolution #2 has been complied with to the satisfaction of the
City Solicitor, including but not
limited to registration of an agreement on title, if applicable.
(By-laws 2015-114 to 2015-116)
Carried
(14) 1820266
ONTARIO INC. (TIMES GROUP INC.),
4002/4022 HIGHWAY 7 (10.3
& 10.5)
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
1) That the proposed amendment to the
Official Plan (Revised 1987), as amended, be adopted and forwarded to York
Region for approval;
2) That the corresponding amendment to the
Official Plan (2014) be adopted and forwarded to York Region for endorsement
and the Ontario Municipal Board for approval;
2) That the proposed amendment to Zoning
By-law 118-79, as amended, be enacted without further notice after the Official
Plan (Revised 1987), as amended, is approved by York Region and comes into
effect.
(By-laws 2015-114 to 2015-116)
Carried
(15) IMPACT
OF FESTIVALS ON RESIDENTIAL NEIGHBOURHOODS (3.5)
Moved by Councillor
Valerie Burke
Seconded by Deputy
Mayor Jack Heath
1) That staff report back
on ways to mitigate impacts of festivals on residential neighbourhoods.
Carried
(16) RETIREMENT
OF DAVID PEARCE (11.0)
Council was
advised by Andy Taylor, Chief Administrative Officer that David Pearce,
Manager, Real Property, will be retiring in August 2015. Mayor and Members of Council thanked David
for his dedicated years of service with the City of Markham.
(17) ACKNOWLEDGEMENT
OF CITY STAFF (11.0)
Mayor and
Members of Council thanked City Staff for the accomplishments achieved in the
short period since the 2014 Inaugural Meeting of Council until this last
meeting of Council before summer recess.
12. BY-LAWS
Moved by Regional
Councillor Joe Li
Seconded by Regional
Councillor Nirmala Armstrong
That By-laws
2015-97 to 2015-109, 2015-111, 2015-112 and 2015-114 to 2015-123 be given three
readings and enacted; and,
That By-law
2015-113 be referred back to the Development Services Committee meeting in
September 2015.
Three Readings
BY-LAW 2015-97 MICHAEL AND VERONICA LARKIN, PLAN 65M-3733, BLOCKS 100 AND 101,
PART LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, west of McCowan Road and north
of 16th Avenue.
By-law
Carried
BY-LAW 2015-98 FORNAX CONSTRUCTION LTD., BLOCK 100, REGISTERED PLAN 65M-3713,
PART LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, west of Williamson Road, south
of Miramar Drive and north of Maple Ridge Crescent.
By-law
Carried
BY-LAW 2015-99 PINES INTERNATIONAL INC., PART OF LOTS 1
AND 2, REGISTERED PLAN 2196, DESIGNATED AS PARTS 1, 2, 3, 4 AND 5, PLAN
65R-35672, PART LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, east of Kennedy Road and north
of Helen Avenue.
By-law
Carried
BY-LAW 2015-100 CALLOWAY REIT (WOODSIDE) INC., 3155 HIGHWAY 7 EAST, ZONING BY-LAW
AMENDMENT
A by-law to amend By-law 165-80, as amended,
to permit larger format supermarket of food store.
By-law
Carried
BY-LAW 2015-101 LINDVEST (CORNELL) PROPERTIES LTD., SOUTH SIDE OF HIGHWAY 7 EAST
AND EAST SIDE OF 9TH LINE, BLOCK 1, DRAFT PLAN 19TM-06012, HOLD REMOVAL BY-LAW
A by-law to amend By-law 177-96, as amended,
to remove Hold provisions on the subject lands to permit residential
development, south of Highway 7 East, and east of 9th Line
within the Cornell Community.
(Communication
No. 49-2015)
By-law
Carried
BY-LAW 2015-102 8 STEELCASE HOLDING CORPORATION, 8 STEELCASE ROAD
WEST, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt Official Plan Amendment No.
228 to the in force Official Plan (Revised 1987), as amended, to
increase the maximum gross floor area permitted for a business office use
(New/Other Business No. 7 – June 23, 2015
Council Meeting)
By-law
Carried
BY-LAW 2015-103 8 STEELCASE HOLDING CORPORATION, 8 STEELCASE ROAD WEST, AMENDMENT
TO THE NEW COUNCIL ADOPTED OFFICIAL PLAN (2014)
A by-law to adopt Official Plan Amendment No.
5 to the new Council adopted Official Plan (2014), as amended, to
increase the maximum gross floor area permitted for a business office use.
(New/Other Business No. 7 – June 23, 2015
Council Meeting)
By-law
Carried
BY-LAW 2015-104 8 STEELCASE HOLDING CORPORATION, 8 STEELCASE ROAD WEST, ZONING
BY-LAW AMENDMENT (2014)
A by-law to amend By-law 108-81, as amended, to
increase the maximum gross floor area permitted for a business office use.
(New/Other Business No. 7 – June 23, 2015
Council Meeting)
By-law
Carried
BY-LAW 2015-105 1038715 ONTARIO LTD. (UNIONVILLE MONTESSORI SCHOOL), 9286 KENNEDY
ROAD, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 304-87, as amended,
to permit a school portable on the property for three years.
(Item No. 2, Report No. 31 – June 15, 2015
Council Meeting)
By-law
Carried
BY-LAW 2015-106 RAJALEDCHUMY AND THANUSHA KAYILASANATHAN, 7 ALAI CIRCLE , HOLD
REMOVAL BY-LAW
A by-law to amend By-law 193-81, as amended,
to remove Hold provisions on the subject lands to permit the development of a single
detached dwelling.
By-law
Carried
BY-LAW 2015-107 ROAD DEDICATION BY-LAW (MARKLAND STREET)
A by-law to dedicate certain lands as part of
the highways of the City of Markham, Parts of Lots 17 and 18, Concession 3,
designated as Parts 1 and 2 on Plan 65R-35661.
By-law
Carried
BY-LAW 2015-108 ROAD DEDICATION BY-LAW (ANTHONY ROMAN AVENUE AND PRINCE REGENT STREET)
A by-law to dedicate certain lands as part of
the highways of the City of Markham, Part of Lot 23, Concession 3, designated
as Parts 2, 3, 4 and 5, Plan 65R-32850 (Anthony Roman Avenue), Part of Lot 23,
Concession 3, designated as Part 6 and 9, Plan 65R-32850 (Prince Regent Street)
and Part of Lot 24, Concession 3, designated as Part 6, Plan 65R-30615 (Prince Regent Street).
By-law
Carried
BY-LAW 2015-109 2391004 ONTARIO LTD. (BELLPORT HOMES), 6845 - 6853, 6869 AND 6889 14TH AVENUE, ZONING BY-LAW
AMENDMENTS
A by-law to amend By-law 194-82, as amended
and By-law 177-96, as amended, to permit residential development.
(Item No. 4, Report No. 30 – June 15, 2015
Council Meeting)
By-law
Carried
BY-LAW 2015-111 DIGRAM DEVELOPMENTS INC., PART LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Block 1, 65M-4454, north of
Donald Cousens Parkway and west of Major Mackenzie Drive East.
By-law
Carried
BY-LAW 2015-112 ROAD DEDICATION BY-LAW (EASTVALE DRIVE, FERNCLIFFE CRESCENT AND
ELSON STREET)
A by-law to dedicate certain lands as part of
the highways of the City of Markham, Part of Lots 1 and 2, Concession 8,
designated as Block 111, 65M-3530 (Eastvale Drive), Part of Lots 1, 2 and 3,
Concession 8, designated as Block 7, Plan 65M-3616 (Eastvale Drive), Part
of Lots 1 and 2, Concession 8, designated as Blocks 103 and 112, Plan 65M-3530
(Ferncliffe Crescent) and Part of Lots 1, 2 and 3,
Concession 8, designated as Blocks 5 and 6, Plan 65M-3616 (Elson Street)
By-law
Carried
BY-LAW 2015-113 1377402 ONTARIO LTD., 162 MAIN STREET MARKHAM NORTH, ZONING
BY-LAW AMENDMENT
A by-law to amend By-law 1229, as amended,
and By-law 28-97, as amended, to permit the existing heritage dwelling
to be used for business office uses, as well as a range of residential uses.
(No.
1, Report No. 35 – June 23, 2015 Council Meeting)
Referred
BY-LAW 2015-114 1820266 ONTARIO INC. (TIMES GROUP INC.), 4002/4022 HIGHWAY 7,
AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt Official Plan Amendment No.
229 to the in force Official Plan (Revised 1987), as amended, to permit
townhouse development.
(New/Other Business Item No. 14 – June 23,
2015 Council Meeting)
By-law
Carried
BY-LAW 2015-115 1820266 ONTARIO INC. (TIMES GROUP INC.), 4002/4022 HIGHWAY 7,
AMENDMENT TO THE NEW COUNCIL ADOPTED OFFICIAL PLAN (2014)
A by-law to adopt Official Plan Amendment No.
6 to the new Council adopted Official Plan (2014), as amended, to permit
townhouse development.
(Item No. 1, Report No. 26 – May 26, 2015
Council Meeting)
(New/Other Business Item No. 14 – June 23,
2015 Council Meeting)
By-law
Carried
BY-LAW 2015-116 1820266 ONTARIO INC. (TIMES GROUP INC.), 4002/4022 HIGHWAY 7,
ZONING BY-LAW AMENDMENT
A by-law to amend By-law 118-79, as amended,
to permit townhouse development.
(Item No. 1, Report No. 26 – May 26, 2015
Council Meeting)
(New/Other Business Item No. 14 – June 23,
2015 Council Meeting)
By-law
Carried
BY-LAW 2015-117 PAGNELL HOMES INC. AND OSTRYA HOMES LTD., 10 ROUGEBANK DRIVE, AND
2, 6 AND 8 PAGNELLO COURT, HOLD REMOVAL BY-LAW
A by-law to amend By-law 177-96, as amended,
to permit the construction of single detached dwellings on the subject lands.
(Communication No. 51-2015 – June 23, 2015
Council Meeting)
By-law
Carried
BY-LAW 2015-118 A
BY-LAW TO AUTHORIZE A FRANCHISE AGREEMENT BETWEEN THE CORPORATION OF THE CITY
OF MARKHAM AND ENBRIDGE GAS DISTRIBUTION INC.
(Item No. 6, Report No. 36 - June 23 Council
Meeting)
By-law
Carried
BY-LAW 2015-119 KYLEMORE COMMUNITIES (YORKTON) LIMITED, 9350 TO 9392 KENNEDY
ROAD, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt Official Plan Amendment No.
230 to the in force Official Plan (Revised 1987), as amended, to permit a
townhouse development, a public park and the retention of a single detached
heritage dwelling.
(Item No. 3, Report No. 37)
By-law
Carried
BY-LAW 2015-120 KYLEMORE COMMUNITIES (YORKTON) LIMITED, 9350 TO 9392 KENNEDY
ROAD, AMENDMENT TO THE NEW COUNCIL ADOPTED OFFICIAL PLAN (2014)
A by-law to adopt Official Plan Amendment No.
7 to the new Council adopted Official Plan (2014), as amended, to permit a
townhouse development, a public park and the retention of a single detached
heritage dwelling.
(Item No. 3, Report No. 37)
By-law
Carried
BY-LAW 2015-121 KYLEMORE COMMUNITIES (YORKTON) LIMITED, 9350 TO 9392 KENNEDY
ROAD, ZONING BY-LAW AMENDMENTS
A by-law to amend By-law 304-87, as amended,
and By-law 177-96, as amended, to permit a townhouse development, a public park
and the retention of a single detached heritage dwelling.
(Item No. 3, Report No. 37)
By-law
Carried
BY-LAW 2015-122 2283288 ONTARIO LIMITED (SHELL CANADA LIMITED), 8510 WOODBINE
AVENUE, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 165-80 as amended,
to permit additional uses on the property.
(In-camera Item No. 7 - June 23, 2015 Council
Meeting)
By-law
Carried
BY-LAW 2015-123 BOX GROVE HILL DEVELOPMENT INC., NORTH OF COPPER CREEK DRIVE,
BETWEEN NINTH LINE AND DONALD COUSENS PARKWAY, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 177-96, as amended,
to permit townhouses and live-work units.
(In-Camera Item No. 8 - June 23, 2015 Council
Meeting)
By-law
Carried
13. IN-CAMERA ITEMS
Council
consented add an In-Camera matter as Item No. 9 on a proposed or pending acquisition or
disposition of land by the municipality or local board (Ward 2).
Moved by Councillor
Alan Ho
Seconded by Councillor
Valerie Burke
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (8:49
PM):
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- MAY 26, 2015 (16.0)
[Section 239 (2) (a) (b) (c) (e) (f)]
General Committee – June 22, 2015
(2) GENERAL COMMITTEE IN-CAMERA MINUTES
- JUNE 15, 2015 (16.0)
[Section 239 (2) (a) (c)]
(3) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
(4) THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL
BOARD (WARD 5) (8.7)
[Section 239 (2) (a)]
(5) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (WARD 4) (8.6)
[Section 239 (2) (c)]
Development Services Committee – June 23,
2015
(6) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (VALLEYMEDE BUILDING AMA CORPORATION
- WARD 8) (8.0)
[Section 239 (2) (e)
(7) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (Shell
Canada Limited c/o 2283288 Ontario Limited, 8510 Woodbine Avenue - WARD 2)
(8.0)
[Section 239 (2) (e)]
(8) LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE
ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (BOX GROVE
HILL DEVELOPMENTS INC.) (WARD 5) (8.0)
[Section 239 (2) (e)]
(9) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (WARD 2) (8.7)
[Section 239 (2) (c)]
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Colin Campbell
That Council
rise from the in-camera session. (10:21 PM)
Carried
The in-camera
items were approved by Council as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- MAY 26, 2015 (16.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That
the Council In-camera Minutes dated May 26, 2015 be confirmed.
Carried
(2) GENERAL
COMMITTEE IN-CAMERA MINUTES
- JUNE 15, 2015 (16.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1)
That the General Committee in-camera minutes dated June 15, 2015 be confirmed.
Carried
(3) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Deputy
Mayor Jack Heath
1) That
the following person be appointed to the Heritage Markham Committee:
Name Term
Evelin Ellison November 30, 2018
Carried
(4) DECLARATION
OF SURPLUS AND STOP UP AND CLOSE LANDS IN CORNELL ROUGE DEVELOPMENT CORP.’S
PHASE 3 RESIDENTIAL SUBDIVISION (PLAN 65M-4093) (8.7)
Moved by Councillor
Colin Campbell
Seconded by Councillor
Amanda Collucci
1) That
the confidential report entitled “Declaration of Surplus and Stop Up and Close
Lands in Cornell Rouge Development Corp.’s Phase 3 Residential Subdivision
(Plan 65M-4093)” be received; and,
2) That
in accordance with By-law 178-96 the City declare certain lands described as
Parts of Block 102 and Lane X, on Registered Plan 65M-4093, designated as Parts
1, 2, 3 and 4 on Reference Plan 65R-35644, City of Markham, Regional
Municipality of York, as surplus, being lands originally set out for small
hydro notches shown on Attachments No. 1
and 2 to this report; and,
3) That
subject to No. 2, above, the Mayor and Clerk be authorized to execute an
Agreement of Purchase and Sale with Cornell Rouge Development Corp. for a
nominal sum ($1.00) to effect the re-conveyance
of the surplus hydro notches, set out on Attachments No. 1 and 2 to this
report; and,
4) That
subject to No. 2 above, the City enact a By-law to stop up and close the lands
described as Parts of Block 102 (Lane X) on Registered Plan 65M-4093, and designated
as Parts 1, 2, 3 and 4 on Reference Plan 65R-35644, City of Markham, Regional
Municipality of York, as set out in Attachment No. 3 to this report; and,
5) That
the above recommendations be reported out at the next or subsequent public
meeting; and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
the foregoing.
Carried
(5) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (WARD 4) (8.7)
Moved by Councillor Karen
Rea
Seconded by Councillor Colin
Campbell
1) That
the verbal updated provided by Catherine Conrad, City Solicitor, regarding a
matter on a proposed or pending acquisition or disposition of
land by the municipality or local board in Ward 4 be received; and,
2) That
staff be authorized to proceed as directed by Council on June 23, 2015.
Carried
(6) VALLEYMEDE
BUILDING AMA CORPORATION
LEGAL ADVICE REGARDING
SETTLEMENT OF APPEALS
APPLICATIONS FOR OFFICIAL PLAN
AND ZONING BY-LAW
AMENDMENTS TO PERMIT 422
RESIDENTIAL UNITS COMPRISED
OF TWO, 6-STOREY APARTMENT
BUILDINGS AND MULTIPLE-UNIT
STACKED TOWNHOUSES AT 5112,
5122 AND 5248 14TH AVENUE
AND 7768, 7778, 7788 AND 7798
MCCOWAN ROAD
FILE NOS. OP/ZA 12 117316
(8.0)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the confidential report dated June
23, 2015 titled “Legal advice regarding settlement of appeals, Applications for
Official Plan and Zoning By-law Amendments to permit 422 residential units
comprised of two, 6-storey apartment buildings and multiple-unit stacked
townhouses at 5112, 5122 and 5248 14th Avenue and 7768, 7778, 7788
and 7798 McCowan Road, File Nos. OP/ZA 12 117316” be received; and,
2) That the City Solicitor or her
designate be directed to attend the OMB hearing to support the settlement of
the appeal by Valleymede Building AMA Corporation (the “Applicant”), as
described in this report; and,
3) That staff be authorized to negotiate
the content of the Official Plan Amendment and Zoning By-law Amendment with the
Applicant, in consultation with applicable public agencies and in accordance
with this Report; and,
4) That Council authorize the City
Solicitor or her designate to execute Minutes of Settlement satisfactory to the
City Solicitor to ensure that the applicant supports the proposed settlement
and conditions described in this Report at the Ontario Municipal Board; and
further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried by a recorded vote (8:5)
(See following recorded vote)
YEAS: Regional
Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional
Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda Collucci,
Councillor Logan Kanapathi, Councillor Alex Chiu. (8)
NAYS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen
Rea, Regional Councillor Nirmala Armstrong. (5)
(7) RECOMMENDATION
REPORT
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATIONS BY
SHELL CANADA LIMITED
C/O 2283288 ONTARIO LIMITED TO
ADD ADDITIONAL
USES AND AMEND DEVELOPMENT
STANDARDS AT
8510 WOODBINE AVENUE
ZA 14 114185 & SC 15
114185 (10.5 & 10.6)
Moved by Councillor
Alan Ho
Seconded by Regional
Councillor Joe Li
1) That the confidential report dated June
23, 2015, titled “Recommendation Report - Zoning By-law Amendment and Site Plan
applications by Shell Canada Limited c/o 2283288 Ontario Limited to add
additional uses and amend development standards at 8510 Woodbine Avenue FILE NO’S: ZA 14 114185 & SC 15 114185”, be received;
and,
2) That the record of the Public Meeting
held on February 17, 2015, regarding the application for the Zoning By-law
amendment (File No. SC 14 114185), be received; and,
3) That the application submitted by Shell
Canada Limited c/o 2283288 Ontario Limited to amend Zoning By-law 165-80 as
amended, be approved and the draft by-law attached as Appendix ‘A’ be finalized
and enacted without further notice; and,
4) That the Site Plan Application (File
No. SC 15 114185) submitted by Shell Canada Limited c/o 2283288 Ontario Limited
to permit the development of a 2,500m² (+/- 27,000ft²) commercial development,
be endorsed in principle, subject to conditions attached in Appendix ‘D’; and,
5) That Site Plan endorsement and approval
be delegated to the Director of Planning and Urban Design or designate, to be
issued following execution of a Site Plan Agreement. (Site Plan Approval is issued only when the
Director has signed the plan); and,
6) That the site plan endorsement shall
lapse after a period of three (3) years from the date of endorsement in the
event that a Site Plan Agreement is not executed within that period; and,
7) That the proposed modifications to the 2014 City of Markham
Official Plan – Part 1 contained in Appendix ‘C’ be endorsed by Council and
forwarded to the Ontario Municipal Board for approval; and,
8) That these recommendations be made
public upon Council’s endorsement of the proposed modifications attached as
Appendix ‘C’; and further,
9) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-law 2015-122)
Carried
(8) RECOMMENDATION REPORT
BOX GROVE HILL DEVELOPMENT
INC.
DRAFT PLAN OF SUBDIVISION AND
ZONING BY-LAW AMENDMENT
APPLICATIONS
TO PERMIT TOWNHOUSES AND
LIVE-WORK UNITS
ON THE NORTH SIDE OF COPPER
CREEK DRIVE
BETWEEN NINTH LINE AND THE
DONALD COUSENS PARKWAY
(PART OF LOT 8, CONCESSION 9)
FILE NOS: SU/ZA 14 109086
(10.7, 10.5)
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Jim Jones
1) That the confidential staff report
titled “RECOMMENDATION REPORT, Box Grove Hill Developments Inc. Draft Plan of
Subdivision and Zoning By-law Amendment applications to permit townhouses and
live-work units on the north side of Copper Creek Drive, between Ninth Line and
Donald Cousens Parkway (Part of Lot 8, Concession 9), File Nos: SU/ZA 14
109086”, be received; and,
2) That the record of the Public Meeting
held on June 17th, 2014 relating to the applications for Draft Plan
of Subdivision and Zoning By-law Amendment submitted by Box Grove Hill
Developments Inc. for the land located on the north side of Copper Creek Drive,
between Ninth Line and Donald Cousens Parkway (Part of Lot 8, Concession 9), be
received; and,
3) That the Zoning By-law amendment
application (ZA 14 109086) submitted by Box Grove Hill Development to amend
Zoning By-law 177-96, as amended, be approved and that the draft By-law
attached as Appendix ‘A’ be finalized and enacted without further notice; and,
4) That Draft Plan of Subdivision
19TM-14002 (SU 14 109086) be approved subject to the conditions of draft
approval set out in Appendix ‘B’ of this report; and,
5) That the draft plan approval for plan
of subdivision 19TM-14002 will lapse after a period of three (3) years
commencing on the date of issuance of draft plan approval, in the event that a
subdivision agreement is not executed within that period; and,
6) That Official Plan Amendment 223 (OPA 223) is in full force and effect prior
to the enactment of the draft zoning by-law attached as Appendix ‘A’ and prior
to issuance of draft plan approval (19TM-14002); and further,
7) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-law
2015-123)
Carried
(9) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (WARD 2) (8.7)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Colin Campbell
1) That
the verbal updated provided by David Pearce, Manager,
Real Property, regarding a matter on a proposed or pending
acquisition or disposition of land by the municipality or local board in Ward 2
be received ; and,
2) That
staff be authorized to proceed as directed by Council on June 23, 2015.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2015-110
be given three readings and enacted.
Three Readings
BY-LAW 2015-110 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
JUNE 23, 2015.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
That the Council Meeting be adjourned at 10:31 PM.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)