Council
Minutes
March
21, 2017, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 4
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 (arrived at 7:28 pm), Regional Councillor Nirmala Armstrong,
Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton,
Councillor Karen Rea, Councillor Colin Campbell, Councillor Amanda Collucci,
Councillor Logan Kanapathi, Councillor Alex Chiu (left at 7:45 pm).
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Biju Karumanchery, Director of Planning and Urban
Design
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Raj Raman, Mayor's Chief of
Staff
Kimberley
Kitteringham, City Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
Sally Campbell, Manager, East
District
Kevin Ross,
Manager, Development Finance
The meeting of
Council convened at 7:08 PM on March 21, 2017 in the Council Chamber.
Mayor Frank
Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES - MARCH 1, 2017
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on March 1, 2017, be adopted.
Carried
3. PRESENTATIONS
(1) 2016
MARKHAM SANTA CLAUS PARADE
- RECOGNITION OF PARADE
WINNERS AND CONTRIBUTORS (12.2.6)
The 44th Markham Santa Claus
Parade was held on November 26, 2016.
Mr.
Jim Sandiford, Chair, Santa Claus Parade, provided a brief background of the
parade and thanked the participants and City staff for their efforts in
ensuring a successful event.
Council recognized the following parade
winners:
|
Categories
|
1st Place Winners
|
2nd Place Winners
|
|
Commercial Float
|
The War Amps
|
The Miller Group
|
|
Non-Commercial Float
|
Church on the Rock
|
The Centre for Dreams
|
|
Marching Group
|
351 Silver Star Royal Canadian Air Cadets
Squadron
|
ASF Gymnastics
|
|
Band
|
Philippine Heritage Band
|
Collingwood Collegiate Institute
|
|
School
|
St. Marcellinus Drumline
|
Unionville Montessori School
|
|
Theme
|
Markham Village Music Festival
|
North Toronto Collegiate Institute
|
Council recognized the following individuals
for their contributions to the parade:
-
Anastasia Averkov
-
Craig Breen
-
Councillor Colin Campbell
-
Joe Chen
-
Constable Niko Dimitrakopoulos
-
George George
-
Morgan Jones
-
Albert Lenz
-
Yvonne Lord Buckley
-
Joel Lustig
-
Terry Meades
-
Cathy Molloy
-
Alex Moore
-
Susan Peterson
-
Fred Rich
-
Aziz Saleh
-
Jim Sandiford
-
Peter Still
-
Cynthia Szeto
-
Andy Taylor
(2) PRESENTATION OF MEDALS
TO THE CITY OF MARKHAM FROM
THE MINISTRY OF TOURISM, CULTURE & SPORT
FOR THE TORONTO 2015 PAN AM/PARAPAN AM GAMES (12.2.6)
Mayor Frank Scarpitti spoke
about the presentation of medals from the Ministry of Tourism, Culture &
Sport in recognition of the City of Markham's participation in some of the
events of the Toronto 2015 Pan Am/Parapan Am Games.
The medals were presented
on behalf of the Ministry of Tourism, Culture & Sport, by Honourable
Michael Chan, MPP (Markham-Unionville), Minister of International Trade, and
Honourable Helena Jaczek, MPP (Oak Ridges-Markham), Minister of Community and
Social Services, to thank the City for hosting some of the events of the Toronto
2015 Pan Am/Parapan Am Games.
Moved by Councillor
Karen Rea
Seconded by Councillor
Valerie Burke
That Council
recess at 7:45 PM and reconvene at 7:59 PM.
Carried
4. DEPUTATIONS
There were no
deputations.
5. COMMUNICATIONS
There were no
communications.
6. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Alan Ho
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Greek Independence Day
(March 25, 2017).
- World Autism Awareness Day
(April 2, 2017).
- National Wildlife Week
(April 9 to 15, 2017).
- Israel Independence Day (May
2, 2017).
- Be Kind to Animals Week (May
6 to 12, 2017); and,
2) That the following new requests for proclamation be approved
and added to the Five-Year Proclamations List approved by Council:
- International Day for the Elimination of
Racial Discrimination
(March 21, 2017).
- Human Values Day (April 24, 2017)
- Animal Health Week (October
1 to 7, 2017).
- Feral Cat Day (October 16,
2017); and further,
3) That
the following requests for flag to be raised at the Anthony Roman Markham Civic
Centre flagpole, approved by the City Clerk in accordance with the City of
Markham Community Flag Raisings & Flag Protocol Policy, be received for
information purposes:
- Flag of Greece (March 25 to
27 2017 for Greek Independence Day).
(Organized by Greek Orthodox Community of Markham (York Region)
- Flag of Autism Ontario
(April 4, 2017 for World Autism Awareness Day).
(Organized by Autism Ontario York Region Chapter)
- Flag of Israel (May 2, 2017
for Israel Independence Day).
(Organized by Consulate General of Israel)
Carried
7(A) REPORT NO. 9 - DEVELOPMENT SERVICES
COMMITTEE
(February 27, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 9 - Development Services Committee comprised of 5 items be received and
adopted, except Item Nos. 2 and 3. (See
following Item Nos. 2 and 3)
(1) INTENTION
TO DESIGNATE A PROPERTY UNDER
PART IV OF THE ONTARIO
HERITAGE ACT
NAME: LAPP-PILKEY HOUSE
ADDRESS: 7186 ELEVENTH
CONCESSION ROAD (16.11.3)
Report
1) That
Council receive the staff report titled “Intention to Designate a Property
under Part IV of the Ontario Heritage Act, Name: Lapp-Pilkey House,
Address: 7186 Eleventh Concession Road”; and,
2) That
as recommended by Heritage Markham and as a condition of approval for Consent
Application B/15/16, the Lapp-Pilkey House at 7186 Eleventh Concession Road be
approved for designation under Part IV of the Ontario Heritage Act as a
property of cultural heritage value or interest; and,
3) That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
4) That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be authorized to place a
designation by-law before Council for adoption; and,
5) That
if there are any objections in accordance with the provisions of the Ontario
Heritage Act, the Clerk be directed to refer the proposed designation to
the Ontario Conservation Review Board; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) ELIGIBILITY
OF WILLIAM LOTT HOUSE
7926 HIGHWAY 7 EAST
FOR RELOCATION TO MARKHAM
HERITAGE ESTATES (16.11)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the report dated February 27, 2017 titled “Eligibility of William Lott House,
7926 Highway 7 East, for relocation to Markham Heritage Estates, be received;
and,
2) That
as recommended by Heritage Markham, the William Lott House at 7926 Highway 7
East be declared eligible for relocation to Markham Heritage Estates, due to
its cultural heritage value or interest and its threatened state; and,
3) That
the eligibility of the William Lott House be subject to specific restoration
requirements to be provided by Heritage Section staff to prospective purchasers
including, but not limited to, retention of original siding, retention of
remaining wood windows, reconstruction of the side kitchen wing, and retention
of interior wood trim (casings and baseboards); and further,
4) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) CONTROLLING
GROUND FLOOR OFFICE USES
IN MARKHAM VILLAGE –
COMMERCIAL CORE AREA (10.5, 16.11)
Report
Moved by
Councillor Karen Rea
Seconded by
Councillor Colin Campbell
That the following recommendation from the February 27, 2017
Development Service Committee meeting be postponed to the April 11, 2017
Council meeting to allow for the Markham Village Business Improvement Area
Board of Management to present the matter to their April 5, 2017 Annual General
Meeting:
"1) That
the staff report entitled “Controlling Ground Floor Office Uses in Markham
Village – Commercial Core Area”, dated February 27, 2017, be received; and,
2) That
Council endorse the following Option (3):
That staff and consultants be directed to examine the issue of ground
floor office space in the traditional commercial core area of Markham Village
as part of the new Markham Village Heritage Centre Secondary Plan and any
zoning changes be considered as part of the Comprehensive Zoning By-law
Project; and further,
3) That
Staff be authorized to implement the direction to be provided by Council
regarding the options outlined in this report."
Carried
(4) DONATION
OF A MONUMENT OF
DR. JOSE P. RIZAL FOR
INSTALLATION AT THE
BOX GROVE COMMUNITY PARK (6.3)
Report
1) That
the report dated February 27, 2017 entitled “Donation of a Monument of Dr. Jose
P. Rizal for Installation at the Box Grove Community Park” be received; and,
2) That
Council accept the donation of a monument of Dr. Jose P. Rizal from the
Filipino Canadian Community of Markham to be placed in the Box Grove Community
Park as described in the report and attachments; and,
3) That
site preparation to a maximum of $150,000 be funded from project #16038, “Box
Grove Community Park East Phase 1 – Construction, with no net increase in the
approved budget for park construction; and,
4) That
the Mayor and Clerk be authorized to execute an agreement (acceptable to the
City Solicitor and the Commissioner, Development Services) with the donor for
the donation, installation, and maintenance of the monument to be installed in
Box Grove Community Park; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) CLASS
ENVIRONMENTAL ASSESSMENT STUDY
- MARKHAM ROAD SANITARY SEWER &
FAIRTREE SEWAGE PUMPING
STATION
AND FORCEMAIN IMPROVEMENTS
(5.7, 5.5)
Report
1) That the report entitled
“Class Environmental Assessment Study - Markham Road Sanitary Sewer &
Fairtree Sewage Pumping Station and Forcemain Improvements” be received; and,
2) That the preferred
option identified through the Schedule ‘B’ Class Environmental Assessment Study
for Markham Road Sanitary Sewer and Fairtree Sewage Pumping Station and
Forcemain Improvements (the “Class EA Study”) , and outlined in this report be
endorsed; and,
3) That staff be authorized
to file the Project File Report for the Class EA Study in accordance with the
Environmental Assessment Act; and,
4) That the upgrades to the existing Fairtree
Sewage Pumping Station (SPS) and related infrastructure as well as construction
of new sanitary sewer infrastructure be 100% funded from the benefiting
developers; and,
5) That subject to the
satisfactory screening of the Project File Report, the recommended option be
implemented by the benefitting developers in phases as described in this
report; and further,
6) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
7(B) REPORT NO. 10 - GENERAL COMMITTEE (March 6,
2017)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Logan Kanapathi
That Report
No. 10 - General Committee comprised of 8 items be received and adopted, except
Item No. 5. (See following Item No. 5)
(1) REPORT
OF THE AUDITOR GENERAL
- WATER REVENUE AUDIT (7.0)
Presentation Report
1) That
the presentation provided by Geoff Rodrigues, CPA, CA, CIA, CRMA, ORMP, MNP
LLP, Auditor General, City of Markham, titled "Report of the Auditor
General - Water Revenue Audit" be received; and,
2) That
the report prepared by Geoff Rodrigues, CPA, CA, CIA, CRMA, ORMP, MNP LLP,
Auditor General, City of Markham, titled "City of Markham - Water Revenue
Audit" be received; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) 2016 YEAR END RESULTS OF
OPERATIONS (7.0)
Presentation Report Attachment
1) That
the presentation entitled "2016 Year end Results of Operations" be
received; and,
2) That
the report entitled “2016 Year-End
Review of Operations” be received; and,
3) That
the City’s 2016 net favourable variance of $4.23M be transferred as follows, as
per the approved Financial Planning and Budgeting Policy:
a.
$0.73M to the
Corporate Rate Stabilization Reserve to achieve a balance equal to 15% of the
local tax levy as per City policy;
b.
$3.50M to the
Life-Cycle Capital Repair and Replacement Reserve; and,
4) That
the City's net favourable variance of $0.47M be transferred to the WSIB Reserve
to fund the projected 2019 liability based on the 2016 actuarial valuation; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) ANNUAL WATER QUALITY
REPORT FOR 2016 (5.3)
Report Attachment
1) That
the report titled “Annual Water Quality Report (January-December 2016)” as
required by Schedule 22 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, enclosed herein be received;
and,
2) That
the Annual 2016 Regulatory Water Quality Report (Attachment “A”),
containing information for the Ministry
of the Environment and Climate Change (MOECC) on water supply and quality as
required by Section 11 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, be received; and,
3) That
Council acknowledge that staff posted the Annual 2016 Detailed Regulatory Water
Quality Report on the City’s website and that it has been made available
electronically and in hard copy version by February 28, 2017 as per
regulations; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Attachment
A Attachment
B Attachment
C
1) That
Council support the nomination of Councillor Logan Kanapathi to serve on the
Canadian Coalition of Municipalities Against Racism & Discrimination
(CCMARD) Committee.
Carried
(5) 2016
SUMMARY OF REMUNERATION
AND EXPENSES FOR COUNCILLORS
AND
APPOINTEES TO BOARDS (7.0)
Report Appendix
A Appendix
B
Moved by Deputy Mayor Jack Heath
Seconded by Councillor Logan Kanapathi
1) That
the report titled “2016 Summary of Remuneration and Expenses for Councillors
and Appointees to Boards” be received; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
1) That
the report entitled “Award of Construction Tender 091-T-16 Cornell Madison
Rouge Riverlands North and South Park - Construction” be received; and,
2) That
the Contract for Tender 091-T-16 for
Cornell Madison Rouge Riverlands North and South Park – Construction, be
awarded to DPSL Group Ltd., the second lowest priced bidder, in the total
amount of $388,723.20 inclusive of HST; and,
3) That
a 7% contingency in the amount of $27,210.61, inclusive of HST be established
to cover any additional construction costs and that authorization to approve
expenditures of this contingency amount up to the specified limit in accordance
with the Expenditure Control Policy; and,
4) That
the internal project management fee in the amount of $5,862.02 be charged; and,
5) That
the total award in the amount of $421,615.63 ($388,723.20 + $27,210.61 +
$5,682.02) be funded from the following capital projects; 1) 81-5350-16023-005,
“Cornell Madison Rouge / Riverlands – Construction” and 2)
81-5350-17002-005 “Cornell Rouge Riverlands - Phase 2 of 2” as outlined
under the financial considerations section in this report; and,
6) That
the budget remaining in the amount of $116,673.37 be returned to the original
funding sources; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
1) The
report entitled “Revisions to the Purchasing By-law 2004-341” be received; and,
2) That
the City of Markham By-law 2004-341 be repealed in its entirety and be replaced
in accordance with this report; and,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2017-8)
Carried
(8) INTER-MUNICIPAL PROVINCIAL
OFFENCES ACT FINE COLLECTION
AGREEMENT (2.0)
Report Appendix
A Appendix
B Appendix
C
1) That
the report entitled “Inter-Municipal Provincial Offences Act Fine
Collection Agreement” be received; and,
2) That the Treasurer be authorized to
execute agreements, including all ancillary documents, with eligible Ontario
municipalities that meet the qualifications in the Municipal Act and the
Provincial Offences Act (POA), to allow for unpaid POA fines owing to
those municipalities to be added to the City of Markham tax roll in order to
collect such amounts on behalf of said municipalities, and to be in a form and
content to the satisfaction of the City Solicitor; and,
3) That the Treasurer be authorized to
execute agreements, including all ancillary documents, with eligible Ontario
municipalities that meet the qualifications in the Municipal Act and the
Provincial Offences Act to allow for unpaid City of Markham POA fines to
be added to the tax rolls of other municipalities in order to collect such
amounts on behalf of the City, in a form and content to the satisfaction of the
City Solicitor; and,
4) That
Markham City Council request the Province of Ontario to amend the Municipal Act, 2001 to allow outstanding fines to be added to
municipal tax rolls in cases where a defendant owns property within a municipality
on a joint or individual basis; and,
5) That
a copy of this resolution be forwarded to the Minister of Municipal Affairs and
Housing, the Federation of Canadian Municipalities (FCM), the Association of
Municipalities Ontario (AMO), the Association of Municipal Managers, Clerks and
Treasurers of Ontario (AMCTO), the Ontario Municipal Tax Revenue Association
(OMTRA), the Municipal Finance Officer’s Association (MFOA), the Region of
York, and York Region Municipalities; and further,
6) That staff be authorized and directed to
do all things necessary to give effect to this resolution.
Carried
7(C) REPORT NO. 11 - DEVELOPMENT SERVICES PUBLIC
MEETING
(March 7, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRELIMINARY
REPORT
APPLICATION BY KLM PLANNING
PARTNERS INC.
ON BEHALF OF BOX GROVE
COMMERCIAL EAST INC.
FOR ZONING BY-LAW AMENDMENT TO
ADD
CHILD CARE CENTRE’ AS AN
ADDITIONAL PERMITTED USE
TO 570 COPPER CREEK DRIVE
FILE NO. ZA 16 114886 (10.5)
Report
1) That the report dated February 13, 2017
titled “PRELIMINARY REPORT, Application by KLM Planning Partners Inc. on behalf
of Box Grove Commercial East Inc., for Zoning By-law Amendment to add ‘Child
Care Centre’ as an additional permitted use at 570 Copper Creek Drive” be
received; and,
2) That the Record of the Public Meeting held
on March 7, 2017, with respect to the proposed Zoning By-law Amendment
application to add ‘Child Care Centre’ as an additional permitted use at 570 Copper
Creek Drive” be received; and,
3) That the application submitted by KLM
Planning Partners Inc. on behalf of Box Grove Commercial East Inc., to
amend in-force Zoning By-law 177-96, as
amended, be approved; and,
4) That the proposed amendment to in-force Zoning By-law 177-96, as amended,
be enacted without further notice; and,
5) That Councillor Logan Kanapathi meet
with staff and the applicant to view the site plan; and further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
7(D) REPORT NO. 12 - DEVELOPMENT SERVICES
COMMITTEE
(March 20, 2017)
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Nirmala Armstrong
(1) RECOMMENDATION
REPORT
2431988 ONTARIO LTD.
(C.P. CAPITAL INVESTMENT GROUP
INC.)
PROPOSED DRAFT
PLAN OF SUBDIVISION 19TM-16003
OFFICIAL PLAN AMENDMENT AND
ZONING BY-LAW AMENDMENT
APPLICATIONS FOR MIXED USE,
MID/HIGH RISE BUILDINGS
AND STACKED TOWNHOUSES ON THE
NORTH SIDE OF HIGHWAY 7
WEST OF BUR OAK AVENUE
FILES: SU 16 159916, OP 16
159916 AND ZA 16 159916 (10.7, 10.3, 10.5)
Report
Moved by
Councillor Colin Campbell
Seconded by
Regional Councillor Nirmala Armstrong
1) That
the report entitled “RECOMMENDATION REPORT, 2431988 Ontario Ltd. (C.P. Capital
Investment Group Inc.) Proposed Draft Plan of Subdivision 19TM-16003, Official
Plan Amendment and Zoning By-law Amendment applications for mixed use, mid/high
rise buildings and stacked townhouses on the north side of Highway 7, west of
Bur Oak Avenue, Files SU/OP/ZA 15 1599916”, be received; and,
2) That the record of the
Public Meeting held on September 6, 2016, regarding the applications for Draft
Plan of Subdivision 19TM-16003, Official Plan and Zoning By-law Amendment, be
received; and,
3) That
the Official Plan Amendment application submitted by C.P. Capital Investment
Group Inc. to amend the Cornell Secondary Plan (2008) be approved, and that the
draft Official Plan Amendment attached as Appendix ‘A’ be finalized and enacted
without further notice; and,
4) That
the City Clerk advise the Region of York that the Official Plan Amendment
application submitted by C.P Capital Investment Group has been approved, and
that the City has no objection to the Region of York removing the subject lands
from Deferral 2 Area in the Cornell Secondary Plan (2008); and,
5) That
the Zoning By-law Amendment application submitted by C.P. Capital Investment
Group Inc., to amend Zoning By-laws 304-87 and 177-96, both as amended, be
approved, and that the draft Zoning By-law Amendment attached as Appendix ‘B’
be finalized and enacted without further notice; and,
6) That
in accordance with the provisions of subsection 45(1.4) of the Planning Act,
R.S.O. 1990, c.P.13, as amended, the owner shall, through this resolution, be
permitted to apply to the Committee of Adjustment for a variance from the
provisions of the zoning by-law (Appendix ‘B’) within two years of its approval
by Council; and,
7) That
Draft Plan of Subdivision 19TM-16003 submitted by C.P. Capital Investment Group
Inc., be draft approved subject to the conditions outlined in Appendix ‘C’;
and,
8) 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 ‘C’ as may be amended by the Director of Planning and Urban Design;
and,
9) That
the draft plan approval for Plan of Subdivision 19TM- 16003 will lapse after a
period of three (3) years from the date of Council approval in the event that a
subdivision agreement is not executed within that period; and,
10) That the Mayor and Clerk
be authorized to execute Construction Agreements and enter into access and
utility easements with C.P. Capital Investment Group Inc., York Region Rapid
Transit Corporation and 605918 Ontario Ltd., as necessary, to construct and
dedicate the surrounding street network in advance of registration of the plan
of subdivision; and further,
11) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
(By-law 2017-15 and By-law 2017-16)
Carried
Moved by Councillor Colin Campbell
Seconded by Regional Councillor Nirmala Armstrong
That Council
consider Item No. 1, Report No. 12, regarding the application for 2431988
Ontario Ltd. (C.P. Capital Investment Group Inc.) immediately following the
Presentations Section of the agenda.
Carried
(2) RECOMMENDATION
REPORT
MCCOWAN
DEVELOPMENTS LIMITED
APPLICATIONS FOR DRAFT PLAN OF
SUBDIVISION
AND ZONING BY-LAW AMENDMENT TO
PERMIT
A COMMON ELEMENT CONDOMINIUM
TOWNHOUSE
DEVELOPMENT AT 9329 & 9365
MCCOWAN ROAD
AND 5286 16TH
AVENUE (NE MCCOWAN ROAD AND 16TH AVENUE)
FILE NOS: SU 16 110451 &
ZA 15 110451 (8.0)
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Councillor Karen Rea
1) That
the staff report titled “Recommendation Report, McCowan Developments Limited,
Applications for Draft Plan of Subdivision and Zoning By-law Amendment to
permit a common element condominium townhouse development at 9329 & 9365
McCowan Road and 5286 16th Avenue (NE McCowan Road & 16th Avenue)”, be
received; and,
2) That
the record of the Public Meeting held on October 20, 2015 relating to the
application to amend the Zoning By-law for (ZA 15 110451) and the record of the
Public Meeting held on September 20, 2016 relating to the Draft Plan of
Subdivision (SU 16 110451), be received; and,
3) That
the Zoning By-law Amendment application (ZA 15 110451) submitted by McCowan
Developments Limited to amend Zoning By-law 304-87, 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-16005 be approved subject to the conditions of
draft approval set out in Appendix ‘B’ of this report; and,
5) That
the Director of Planning and Urban Design, or his designate be delegated
authority to issue draft approval, subject to the conditions attached as
Appendix ‘B’ as may be amended by the Director of Planning and Urban Design;
and,
6) That
servicing allocation for 151 townhouse units be granted; and,
7) That
the draft approval for plan of subdivision 19TM-16005 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 further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Moved by Councillor Karen Rea
Seconded by Councillor Logan Kanapathi
That Council
consider Item No. 2, Report No. 12, regarding the application for McCowan Developments
Limited immediately following the consideration of the matter for 2431988
Ontario Ltd. (C.P. Capital Investment Group Inc.).
Carried
8. MOTIONS
(1) COUNCILLORS'
DISCRETIONARY EXPENSES (16.23.2)
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Joe Li
That the rules of procedure be waived to introduce the following motion
for consideration:
"That staff bring back the previous
report outlining the options for Councillors' discretionary expenses, along
with any required updates; and,
That staff advise what it costs to administer
the City's current expense framework versus simply increasing Councillor
remuneration by $8,000.00."
LOST
(2/3 vote of Council was not obtained to
consider the motion)
(2) REVIEW
OF DEVELOPMENT CHARGES
FOR RELIGIOUS AND NON-PROFIT
INSTITUTIONS (7.11)
Moved by
Councillor Don Hamilton
Seconded by
Councillor Logan Kanapathi
That the rules of procedure be waived to introduce the following motion
for consideration:
"That
staff be directed to review development charges and indexing and interest as it
applies to religious and non-profit institutions as part of the development
charges by-law review."
LOST
(2/3 vote of Council was not obtained to
consider the motion)
9. NOTICE OF MOTION TO RECONSIDER
There was no
notice of motion to reconsider.
10. NEW/OTHER BUSINESS
(1) DELEGATION
TO EABAMETOONG FIRST NATION, ONTARIO (12.2.6)
Report
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Nirmala Armstrong
1) That
the report titled “Delegation to Eabametoong First Nation, Ontario” be
received; and,
2) That
the City of Markham be represented by a delegation that will travel to
Eabametoong First Nation, Ontario from May 3 – May 5, 2017, composed of Mayor
Frank Scarpitti, Chair of the Eabametoong First Nation Committee, and Committee
members Regional Councillor Nirmala Armstrong and Councillor Logan Kanapathi;
and,
3) That
Council approve an expenditure of $4,950.00, to be funded from the Office of
the CAO account #840-841-7849, to cover the total costs incurred for the
delegation; and further,
4) That
Staff be authorized and directed to do all thing necessary to give effect to
this resolution.
Carried
11. ANNOUNCEMENTS
(1) SPEED
REDUCTION ON THE DONALD COUSENS PARKWAY (5.12)
Regional
Councillor Nirmala Armstrong announced that the matter of speed reduction on
the Donald Cousens Parkway is coming to a York Region meeting in April 2017.
12. BY-LAWS
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
That By-laws
2017-8 to 2017-12 and 2017-14 to 2017-16 be given three readings and enacted.
Three Readings
BY-LAW 2017-8 A
BY-LAW TO ESTABLISH PROCUREMENT, SERVICE AND DISPOSAL REGULATIONS AND POLICIES
(Repeals By-law 2004-341)
(Item No. 7, Report No. 10)
By-law
Carried
BY-LAW 2017-9 A
BY-LAW TO REPEAL AND REPLACE MUNICIPAL LAW ENFORCEMENT OFFICERS APPOINTMENT
BY-LAW 2015-62
By-law
Carried
BY-LAW 2017-10 KLM PLANNING PARTNERS INC., ON BEHALF OF BOX GROVE COMMERCIAL
EAST INC., 570 COPPER CREEK DRIVE, ZONING BY-LAW AMENDMENT
A by-law to
amend By-law 177-96, as amended, to add “Child Care Centre” as an additional
permitted use at the subject property.
(Item No. 1,
Report No. 11)
By-law
Carried
BY-LAW 2017-11 ARISTA HOMES (BOXGROVE VILLAGE) 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 to 37, Plan 65M-4496,
north of Copper Creek Drive and south of Highway 407 and east of 9th
Line.
By-law
Carried
BY-LAW 2017-12 CORNELL RIDGE (ASPEN RIDGE HOMES) HOMES LTD., 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
85 to 89 and Lots 37 to 43, Lots 63 to 66, and Lots 73 to 84, 65M-4479, north
of 16th Avenue and west of Donald Cousens Parkway on Tilbury Gate,
Southampton Avenue, Dixon Street, and Frank Ash Street.
By-law
Carried
BY-LAW 2017-14 MCCOWAN DEVELOPMENTS LIMITED, 9329 AND 9365 MCCOWAN ROAD AND
5286 16TH AVENUE, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 304-87, as amended,
and By-law 177-96, as amended, to facilitate the development of 151
townhouses including the introduction of site-specific development standards.
(Item No. 2, Report No. 12)
By-law
Carried
BY-LAW 2017-15 2431988 ONTARIO LTD. (C.P. CAPITAL INVESTMENT GROUP
INC.), NORTH OF HIGHWAY 7 and WEST OF BUR OAK AVENUE, AMENDMENT TO THE IN FORCE
OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt Official Plan Amendment No.
247 to the in force Official Plan (Revised 1987), as amended, to permit the use
of lands for mixed use high rise apartment buildings on the subject property.
(Item No. 1, Report No. 12)
By-law
Carried
BY-LAW 2017-16 2431988 ONTARIO LTD. (C.P. CAPITAL INVESTMENT GROUP
INC.), NORTH OF HIGHWAY 7 AND WEST OF BUR OAK AVENUE, ZONING BY-LAW
AMENDMENT
A by-law to amend By-law 304-87, as amended,
and By-law 177-96, as amended, to permit the use of lands for mixed use high
rise apartment buildings on the subject property.
(Item No. 1, Report No. 12)
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by Councillor
Alan Ho
Seconded by Councillor
Amanda Collucci
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following Item No. 5
listed on the confidential agenda at 8:02 PM:
General
Committee - March 6, 2017
(5) ADVICE THAT IS SUBJECT TO
SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE
(ST. MARK'S COPTIC ORTHODOX CHURCH - DEVELOPMENT CHARGE DEFERRAL) (7.11)
[Section 239 (2) (f)]
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
That Council rise
from the private session and reconvene the regular session at 8:56 PM.
Carried
Moved by Councillor
Valerie Burke
Seconded by Councillor
Colin Campbell
That Council
recess at 9:51 PM and reconvene at 10:03 PM
Carried
Council
consented to add a confidential matter regarding advice that is subject to
solicitor-client privilege, including communications necessary for that purpose
(Committee of Adjustment Application) as Item No. 6 on the confidential agenda.
Moved by Councillor
Valerie Burke
Seconded by Councillor
Colin Campbell
That,
in accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following Item Nos. 1 to
4 and 6 listed on the confidential agenda at 10:03 PM:
Development
Services Committee - February 27, 2017
(1) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - 6 ERLANE AVENUE (WARD 4) (8.0)
[Section 239 (2) (e)]
(2) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - 52 MORGAN AVENUE (WARD 1) (8.0)
[Section 239 (2) (e)]
(3) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - 86 OAKHAVEN DRIVE (WARD 2) (8.0)
[Section 239 (2) (e)]
(4) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - 7 WHITELAW COURT (WARD 1) (8.0)
[Section 239 (2) (e)]
Council
- March 21, 2017
(6) ADVICE
THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE; INCLUDING COMMUNICATION NECESSARY
FOR THAT PURPOSE (COMMITTEE OF ADJUSTMENT APPLICATION) (8.0)
[Section 239 (2) (f)]
Carried
Moved by Councillor
Don Hamilton
Seconded by Councillor
Colin Campbell
That Council
rise from the private session at 10:55 PM.
Carried
The confidential
items were approved by Council as follows:
(1) LITIGATION OR POTENTIAL
LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD - 6 ERLANE AVENUE (WARD 4) (8.0)
Moved by Councillor
Karen Rea
Seconded by Councillor
Logan Kanapathi
That this confidential item be postponed to
the April 11, 2017 Council private meeting.
Carried
(2) MINOR
VARIANCE APPLICATION APPEAL
KENNETH NASH
52 MORGAN AVENUE
A/139/16 (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the confidential
report titled “Minor Variance Application Appeal, Kenneth Nash, 52 Morgan
Avenue, A/139/16” be received; and,
2) That Council direct the
City Solicitor and Staff not to attend the Ontario Municipal Board hearing
regarding the decision of the Committee of Adjustment to approve the minor
variances related to floor area ratio and building depth, provided that the
applicant agrees to request the OMB to impose the staff recommended conditions
of approval set out below in the event that the OMB approves the
variances:
a) The
variances apply only to the proposed development as long as it remains;
b) That
the variances apply only to the subject development, in substantial conformity
with the plan(s) submitted with the application dated November 2016 (see
Appendix A), to the
satisfaction of the Director of Planning and Urban Design or designate;
c) That
a siting/grading plan of the property shall be submitted to the City for review
and approval, and that the Secretary-Treasurer receives written confirmation that this
condition has been fulfilled to the satisfaction of the Director of Engineering
or designate;
d) That
through the City’s review and approval of the siting/grading plan, the owner
demonstrates that:
i) the
existing drainage pattern within the property will not be altered in such a way
as to cause any adverse impact on the existing drainage from the site to
abutting properties; and
ii) there
is no negative impact to any abutting property respecting surface water
drainage,
and
that the
Secretary-Treasurer receives written confirmation that this condition has been
fulfilled to the satisfaction of the Director of Engineering or designate;
Submission
of a Tree Assessment and Preservation Plan, prepared by a qualified arborist in
accordance with the City’s Streetscape Manual (2009), as amended, to be
reviewed and approved by the City, and that the Secretary-Treasurer receive
written confirmation from the Director of Planning and Urban Design or
designate that this condition has been fulfilled to his/her satisfaction, and
that the detailed siting/grading plan required as a condition of approval
reflects the Tree Assessment and Preservation Plan.
e) That
prior to the commencement of construction or demolition, tree protection be
erected around all trees on site, including street trees, to the satisfaction
of the Director of Planning and Urban Design or their designate, in accordance
with the City’s Streetscape Manual (2009) as amended, be inspected by City
Staff, and that the Secretary-Treasurer receive written confirmation that this
condition has been fulfilled to the satisfaction of the Director of Planning
and Urban Design or designate;
f) That
arrangements for tree replacements and other plantings be provided, if
required, in accordance with the Tree Assessment and Preservation Plan, and
that the Secretary-Treasurer receive written confirmation that this condition
has been fulfilled to the satisfaction of the Director of Planning and Urban Design
or designate; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(3) MINOR
VARIANCE APPLICATION APPEAL
MONA ELDABAA
86 OAKHAVEN DRIVE
A/168/16 (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the confidential
report titled “Minor Variance Application Appeal, Mona Eldabaa, 86 Oakhaven
Drive, A/168/16” be received; and,
2) That Council direct the
City Solicitor and Staff not to attend the Ontario Municipal Board hearing
regarding the decision of the Committee of Adjustment to deny the minor
variance related to lot coverage, provided that the appellant agrees to request
the OMB to impose the staff recommended conditions of approval set out below in
the event that the OMB approves the variance:
a) That
the variance applies only to the proposed development as long as it remains;
b) That
the appellant submits revised elevation plans and/or landscaping plan(s) to
improve the appearance and transparency of the structure or provide landscape
buffering and screening for the neighboring residents to the satisfaction of
the Director of Planning and Urban Design or designate, and that the Secretary-Treasurer receives
written confirmation that this conditions has been fulfilled to the
satisfaction of the Director of Planning and Urban Design or designate;
c) That
the variance applies only to the subject development, in substantial conformity
with revised plans approved by the Director of Planning and Urban Design or designate; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(4) MINOR
VARIANCE APPLICATION APPEAL
MELODY LU
7 WHITELAW COURT
A/73/16 (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the confidential
report titled “Minor Variance Application Appeal, Melody Lu, 7 Whitelaw Court,
A/73/16” be received; and,
2) That Council direct the
City Solicitor and Staff not to attend the Ontario Municipal Board hearing
regarding the decision of the Committee of Adjustment to deny the minor
variances related to floor area ratio, front yard setback, rear yard setback,
driveway setback and building height, provided that the applicant agrees to
request the OMB to impose the staff recommended conditions of approval set out
below in the event that the OMB approves the variances:
a) The variances apply only to the
proposed development as long as it remains;
b) That the variances apply
only to the subject development, in substantial conformity with the plan(s)
submitted with the application dated March 2016 (see Appendix A), to the
satisfaction of the Director of Planning and Urban Design or designate;
c) That a siting/grading
plan of the property shall be submitted to the City for review and approval,
and that the Secretary-Treasurer receives written confirmation that this
condition has been fulfilled to the satisfaction of the Director of Engineering
or designate;
d) That through the City’s
review and approval of the siting/grading plan, the owner demonstrates that:
i) the existing drainage
pattern within the property will not be altered in such a way as to cause any
adverse impact on the existing drainage from the site to abutting properties;
ii) there is no negative
impact to any abutting property respecting surface water drainage;
and that the Secretary-Treasurer receives written confirmation that
this condition has been fulfilled to the satisfaction of the Director of
Engineering or designate;
e) Submission of a Tree Assessment and
Preservation Plan, prepared by a qualified arborist in accordance with the
City’s Streetscape Manual (2009), as amended, to address the potential to
preserve the existing cedar hedge, and other vegetation on site, to be reviewed
and approved by the City, and that the Secretary-Treasurer receive written
confirmation from the Director of Planning and Urban Design or designate that
this condition has been fulfilled to his/her satisfaction, and that any detailed
siting/grading plan required as a condition of approval reflects the Tree
Assessment and Preservation Plan;
f) That prior to the commencement of
construction or demolition, tree protection be erected around all trees on
site, including street trees, to the satisfaction of the Director of Planning
and Urban Design or their designate, in accordance with the City’s Streetscape
Manual (2009) as amended, be inspected by City Staff, and that the
Secretary-Treasurer receive written confirmation that this condition has been
fulfilled to the satisfaction of the Director of Planning and Urban Design or
designate;
g) That arrangements for tree
replacements, on-site where possible, and the replacement of the entire cedar
hedge and other plantings be provided, if required, including provision of a
letter of credit to secure the tree preservation required and to ensure that
protected trees/hedges, etc., and replacement trees survive a minimum of one
full growing season, to the satisfaction of the Commissioner of Community &
Fire Services in accordance with the approved Tree Assessment and Preservation
Plan, and that the Secretary-Treasurer receive written confirmation that this
condition has been fulfilled to the satisfaction of the Director of Planning and
Urban Design or designate;
h) That the design of the proposed
dwelling comply with the City’s Bird Friendly Guidelines provided that if the
City’s Bird Friendly Guidelines are not applicable to single detached
dwellings, then all possible efforts be made to ensure that principles and
objectives of the City’s Bird Friendly Guidelines are incorporated into the
design; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(5) ST.
MARK’S COPTIC ORTHODOX CHURCH
- PROPOSED REVISION TO DEVELOPMENT
CHARGE DEFERRAL (7.11)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Regional
Councillor Jim Jones
1) That the confidential report
titled “St. Mark’s Coptic Orthodox Church – Proposed Revision to Development
Charge Deferral” be received; and,
2) That Council accept a
payment from St. Mark’s Coptic Orthodox Church in the amount of $457,660.00 as
a settlement of the remaining development charges outstanding related to a
Development Charge Deferral Agreement executed on May 18th, 2010, and to
release the mortgage registered on the property at 455 Ferrier Street; and
further,
3) That Staff be
authorized and directed to do all things necessary give effect to these
recommendations.
Carried by a recorded vote (9:3)
(See following recorded vote)
(See following to consider the matter)
YEAS: Councillor
Alan Ho, 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. (9)
NAYS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea. (3)
ABSENT: Councillor
Alex Chiu. (1)
Moved by Councillor Alan Ho
Seconded by Councillor Amanda Collucci
That Council
consider the matter regarding St. Mark’s Coptic Orthodox Church – Proposed Revision to Development
Charge Deferral immediately following the consideration of the application for 2431988 Ontario Ltd. (C.P. Capital Investment Group
Inc.).
Carried
(6) ADVICE THAT IS SUBJECT
TO SOLICITOR-CLIENT PRIVILEGE; INCLUDING COMMUNICATION NECESSARY FOR THAT
PURPOSE (COMMITTEE OF ADJUSTMENT APPLICATION) (8.0)
Council
consented to not report out on this matter.
14. CONFIRMATORY BY-LAW
Moved by Councillor
Don Hamilton
Seconded by Councillor
Logan Kanapathi
That By-law 2017-13
be given three readings and enacted.
Three Readings
BY-LAW 2017-13 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH
21, 2017.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 10:57 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)