Council
Minutes
June
24 and 25, 2014, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 14
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, 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
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of
Communications and Community Relations
Raj Raman, Mayor's Chief of
Staff
Bill Wiles, Manager of
Enforcement and Regulatory Services
Graham Seaman, Senior Manager,
Sustainability Office
Kimberley
Kitteringham, City Clerk
Kitty Bavington,
Council/Committee Coordinator
The regular
meeting of Council convened at 7:10 PM on June 24, 2014 in the Council
Chamber. Mayor Frank Scarpitti presided.
At 11:56 p.m. on
June 24, 2014, Council passed a motion to waive Section 3.28 of Procedural
By-law 2001-1 allowing the meeting to continue further than 12:01 a.m. on June
25, 2014. The motion was moved by
Councillor Alex Chiu and seconded by Councillor Valerie Burke, and was carried
by two-thirds vote of the Members present.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor Valerie
Burke disclosed an interest with respect to the Official Plan Amendment and
Zoning By-law Amendment Applications for Shining Hill Homes Inc., 360 John
Street (Item No. 1, Report No. 28, Communication No. 39-2014 and By-laws
2014-108 to 2014-110), as she has a family owned business in the Thornhill area
and did not take part in the discussion or vote on this matter.
2. MINUTES
(1) COUNCIL MINUTES –JUNE 11, 2014
Minutes
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
1) That the Minutes of the
Council Meeting held on June 11, 2014, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATIONS
- KING DAVID INC., 10340, 10350
AND 10370 WOODBINE AVENUE
(10.3, 10.4, 10.5, 10.7, 10.6)
Moved by
Councillor Alan Ho
Seconded by
Councillor Colin Campbell
That the
following delegations in opposition to the proposed recommendation regarding
the applications for King David Inc., 10340, 10350 and 10370 Woodbine Avenue be
received:
1.
Karen Rea.
2.
Marilyn Ginsburg
3.
Eira Keay
4.
Stella Ho
5.
Tammy Armes
6.
Wing Liu
7.
Kagan Mustafa
8.
Mayrose Gregorios
9.
Patrick Chan
10.
Shant
Kouyoumdjian
11.
Zeitoon Vaezzadeh
(See Item No. 1,
Report No. 27 for Council's decision on this matter)
Carried
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 26 - GENERAL COMMITTEE (June 16,
2014)
Moved by
Councillor Carolina Moretti
Seconded by
Regional Councillor Gord Landon
That Report
No. 26 – General Committee comprised of 14 items be received and adopted,
except Item Nos. 11 and 13. (See
following Item Nos. 11 and 13)
(1) TRUCK SIDE GUARDS AND
OTHER SAFETY
MEASURES FOR CYCLISTS (5.10)
Presentation
1) That the presentation provided by Laurie Canning, Manager of
Fleet and Supplies, entitled “Truck side guards and other safety measures for
cyclists” be received; and,
2) That the City of Markham request that the Federation of
Canadian Municipalities and the Associations of Municipalities in Ontario
support Bill C-344 for mandatory side guards on large trucks.
Carried
(2) MINUTES OF THE JUNE 13, 2014
ENVIRONMENTAL ISSUES COMMITTEE (16.0)
Minutes MESF
Funding Report Trees
for Tomorrow Report
1) That the minutes of the June 13, 2014 Environmental Issues
Committee meeting be received for information purposes; and,
2) That the below recommendations from the report entitled
“Markham Environmental Sustainability Fund, Funding Applications, Spring 2014”
adopted at the June 13, 2014 Environmental Issues Committee be endorsed:
(a) That
the report dated April 30, 2014 entitled Markham Environmental Sustainability
Fund, Funding Applications, Spring 2014, be received; and,
(b) That the funding application from Ontario Streams for
$5,000.00, for a stream rehabilitation initiative at Little Rouge Creek and
Robinson Creek, be approved; and,
(c) That the funding application from James Robinson Public
School for $5,000.00, for another phase of an accessible schoolyard, be
approved; and,
(d) That the funding application from Pomona Mills Park
Conservationists, Inc., for $580.54, for a community planting initiative of
native tree and shrub species, be approved; and,
(e) That a new Waste Management project be established for the
approved applications in the amount of $10, 580.54, to be funded from the
Markham Environmental Sustainability Fund (MESF), account #87 2800168; and,
(f) That staff be authorized to do all things necessary to give
effect to the above; and,
3) That the below recommendations from the report entitled
“Markham Trees for Tomorrow Fund, Funding Recommendations – Spring 2014”
adopted at the June 13, 2014 Environmental Issues Committee be endorsed:
(a) That
the report dated April 18, 2014 entitled "Markham Trees for Tomorrow Fund,
Funding Recommendations – Spring 2014" be received; and,
(b) That the funding application from LEAF (Local Enhancement and
Appreciation of Forests) for $30,000 to support LEAF’s Backyard Tree Planting
Program be approved; (Appendix 1 A, B & C); and,
(c) That the funding application from Evergreen for $30,000, for
their ‘Get Dirty’: Community Greening Initiative, be approved (Appendix 2);
and,
(d) That the funding application from 10,000 Trees for the Rouge
for $30,000, for their 25th Annual Wildlife Habitat Restoration
Project, be approved (Appendix 3); and,
(e) That the total amount of $90,000 be funded from the 2014 Markham
Trees for Tomorrow Capital Project account #700-101-5399-14214; and,
(f) That funding from the Trees
for Tomorrow program for the next 7 years (2015 to 2021) at $0.12M/year
totalling $0.84M be committed as a funding source to partially offset the December
2013 ice storm response and recovery costs; and further,
(g) That staff be authorized and directed to do all things
necessary to give effect to these recommendations.
Carried
(3) 053-S-14 SUPPLY AND DELIVERY OF
FIRE APPARATUS (7.12)
Report
1) That the report
entitled “053-S-14 Supply and Delivery of three (3) Fire Apparatus” be
received; and,
2) That the supply of one
(1) Pumper apparatus be awarded to Safetek Emergency Vehicles in the total
amount of $597,211.12 in US dollars ($649,885.14 in CAD dollars), inclusive of
HST; and,
3) That authority to
approve the expenditure to equip the one (1) Pumper apparatus in the amount of
$50,000.00 CAD be provided to the Director of Operations (or his designate) or
the Fire Chief (or his designate) as per the limits in accordance to the
Expenditure Control Policy; and,
4) That the funds for the
Pumper apparatus award and associated equipment be provided from account
057-6150-14231-005 “Corporate Fleet Replacement-Fire” in the amount of
$699,885.14 CAD dollars; and,
5) That the supply of one
(1) Tanker apparatus be awarded to Safetek Emergency Vehicles in the total
amount of $247,465.06 in US dollars ($269,291.48 in CAD dollars), inclusive of
HST; and,
6) That the funds for the
Tanker apparatus award be provided from account 057-6150-14231-005 “Corporate
Fleet Replacement-Fire” in the amount of $269,921.48 CAD dollars; and,
7) That the net shortfall
in account 057-6150-14231-005 “Corporate Fleet Replacement-Fire” in the amount
of ($18,741.22) be funded from the Non-DC Capital Contingency account; and,
8) That the supply of one
(1) Aerial Platform apparatus be awarded to Safetek Emergency Vehicles in the
total amount of $1,048,457.70 in US dollars ($1,140,931.67 in CAD dollars),
inclusive of HST; and,
9) That authority to
approve the expenditure to equip the one (1) Aerial Platform apparatus in the
amount of $200,000.00 CAD be provided to the Director of Operations (or his
designate) or the Fire Chief (or his designate) as per the limits in accordance
to the Expenditure Control Policy; and,
10) That the funds for the
Aerial Platform apparatus and associated equipment be provided from account
057-5350-13403-005 “Two New Fleet Vehicles-Fire” in the amount of $1,340,931.67
CAD dollars; and,
11) That the balance
remaining in account 057-5350-13403-005 “Two New Fleet Vehicles-Fire” in the
amount of $185,173.98 be returned to original funding source (Development
Charges Reserve); and,
12) That the tender process
be waived in accordance with purchasing By-Law 2004-341, Part II, Section 7 Non
Competitive Procurement, item 1 (e) which states “Where the City is acquiring
specialized equipment, in which case the sources of supply may be identified
based on technical specifications prepared by the User Department staff, the
Manager of Purchasing may negotiate purchases based on such specifications in
consultation with the User Department”; and,
13) That the Pumper
apparatus 9981 (2005 model year) be reassigned to the spare fleet and one
existing spare pumper apparatus (2003 model year) and the Tanker apparatus 9954
(1991 model year) be disposed of in accordance with Purchasing By-Law 2004-341,
Part V, Disposal of Personal Property and the proceeds be posted to account
890-890-9305 “Proceeds of Sale-Other F/A” upon placing the new apparatus into
service; and further,
14) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
(4) AWARD OF RFP 037-R-14
BUILDING OPERATIONS
AND MAINTENANCE (MECHANICAL AND
ELECTRICAL SYSTEMS) AT SEVEN LOCATIONS
THROUGHOUT THE CITY (7.12)
Report
1) That
the report entitled “Award of RFP 037-R-14 Building
Operation and Maintenance at Seven Locations throughout the City” be
received; and,
2) That
the contract (037-R-14) for Building Operations and Maintenance at seven (7)
locations throughout the City be awarded to the highest ranked and only
successful proponent “Angus Consulting Management Limited”; and,
3) That
the term of the contract be for two (2) years with an option to renew for two
(2) additional years commencing on July 1, 2014 in the total amount of
$1,256,482.96 inclusive of HST; and,
4) That
the contract be funded from various City Department’s Operating budgets as
identified within the Financial Consideration Section; and,
5) That
the Director of Asset Management and Senior Manager of Purchasing and Accounts
Payable be authorized to exercise the option to renew the contract in year 3
and 4 subject to a price escalation, performance and budget approval; and,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) MARKHAM PAN AM CENTRE -
ENERGY SERVICES AGREEMENT WITH
MARKHAM DISTRICT ENERGY INC. (5.0)
Report
1) That
the report titled “Markham Pan Am Centre - Energy Services Agreement with
Markham District Energy Inc.”, dated June 3, 2014 be received; and,
2) That
a monthly Fixed Capacity Charge payable to Markham District Energy Inc (MDEI)
of $10,278.63 (to be indexed annually) be approved; and,
3) That
a one-time Capital Contribution be made to MDEI of $2,760,000; and,
4) That
Capital Project #13318 “Pan Am Centre Construction” be increased by $1,260,000
with $1,134,000 to be funded from the Recreations Development Charges Reserve
and $126,000 to be funded from the Non-DC Growth Reserve Fund, bringing the
Markham portion of the total construction costs from $39,842,526 to
$41,102,526; and,
5) That
any surplus funds remaining in Capital Project #13318 “Pan Am Construction”
following completion of the project, will be allocated to offset the Capital
Contribution of $1,276,000, and returned proportionately to the Recreations
Development Charges Reserve and the Non-DC Growth Reserve Fund; and,
6) That
variable Energy Charges based on
actual metered hot and chilled water energy use, be approved, and payable to
MDEI on a monthly basis; and further,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(6) 059-S-14 PURCHASE OF DISK STORAGE
SYSTEM,
IMPLEMENTATION AND MAINTENANCE SERVICES (7.12)
Report
1) That
the report entitled “059-S-14 Purchase of Disk Storage System, Implementation
and Maintenance Services.” Be received; and,
2) That
the City’s Tender process be waived in accordance with Purchasing By-Law
2004-341, Part II, Section 7, item 1 (g) which states “Where it is in the
City’s best interest not to solicit a competitive bid”; and,
3) That
the contract for Purchase of Disk Storage System, Implementation and
Maintenance Services be awarded to a preferred supplier “Scaler Decisions Inc.”
in the amount of $728,771 inclusive of HST; and,
4) That
the total award of $728,771 inclusive of HST, be funded from the Primary Data
Centre Server Replacement project (Account #49-5350-14409-005) in the amount of
$244,394 and from the IT Disaster Recovery project (Account #49-6900-14083-005)
in the amount of $484,377; and,
5) That
Scaler Decisions Inc. be the preferred supplier for a period of six (6) years,
the life cycle of the product, effective September 1, 2014 (2014 – 2020) at the
same itemized prices with an option for an additional two (2) year extension;
and,
6) That
the Chief Information Officer and Senior Manager of Purchasing and Accounts
Payable be authorized to extend the contract for a further two (2) years (2021
- 2022); and,
7) That Staff be authorized to amend the
purchase order amounts in years 2015 – 2022 to accommodate business needs for
the purchase of the identified Disk Storage System products through Capital and
Operating Budgets as approved by Council during the annual budget process; and,
8) That
this report be brought forward to the June 17th, 2014 Council meeting; and
further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(7) NATIONAL BRAND FOOD AND
BEVERAGE
FRANCHISE SERVICE FOR
CORNELL COMMUNITY CENTRE AND LIBRARY
AND PAN AM CENTRE (6.0)
Report
1) That
the report “National Brand Food & Beverage Franchise Service for Cornell
Community Centre & Library and Pan Am Centre” be received; and,
2) That
Chief Administrative Officer and Treasurer be authorized to negotiate and
finalize an agreement with Presse Café to operate and manage the concession
areas at the Cornell Community Centre and Library and the Pan Am Centre in a
form satisfactory to the City Solicitor; and,
3) That
the tendering process be waived in accordance with Purchasing By-Law 2004-341,
Part II, Section 7.1 (f) where, for any reason, a call for tender does not
result in the award of a contract; and,
4) That
Staff report back to General Committee on the results of the negotiations; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(8) 022-R-14
SUPPLY, INSTALLATION AND
MAINTENANCE OF WATER METERS (7.12)
Report
1) That the report “022-R-14 Supply, Installation and
Maintenance of Water Meters” be received; and,
2) That the contract for the supply, installation and
maintenance of water meters be awarded to the highest ranked/ second lowest
priced Bidder, Neptune Technology Group (Canada) Limited for a 5 year term from
February 1, 2015 to January 31, 2020 with a renewal option for an additional 2
years at the same terms, condition and pricing, for an estimated annual
contract amount of $1,038,716 inclusive of HST and a total award of $5,193,580
inclusive of HST over 5 years; and,
3) That the Pricing for the first three years be fixed, and the
next two years be adjusted based on the Consumer Price Index (Ontario-All
Items); and,
4) That Staff be authorized to amend the award amounts in years
2015-2022 to reflect changes to the Capital and Operating Budget accounts as
approved by Council during the annual budget process; and,
5) That
the Director of Environmental Services and Senior Manager of Purchasing be
authorized to extend the contract for a further two (2) years (February 1, 2020
to January 31, 2022) with unit price escalation based on CPI (Consumers Price
Index) for Ontario-All Items; and further,
6) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
(9) SELF CONTAINED
BREATHING APPARATUS,
FACE PIECE AND BREATHING VALVE
REPLACEMENT (7.12)
Report
1) That the report
entitled “108-S-14 Self Contained Breathing Apparatus, Face Piece and Breathing
Valve Replacement” be received; and,
2) That the 2014 contract
requirement be awarded to ResQtech Systems Inc. in the amount of $577,844.16
inclusive of HST; and,
3) That the Fire Chief (or
his designate) and the Senior Manager of
Purchasing be authorized to exercise the option to renew Contract 108-S-14 for
an additional year (2015) for $60,257.18 inclusive of HST at the 2014 itemized
prices subject to performance and budget approval; and,
4) That in accordance with
Purchasing By-Law 2004-341, Part II, Section 7 (1e), Non-Competitive
Procurement, whereby “the City is acquiring specialized equipment, such as fire
fighting equipment, in which case the sources of supply may be identified based
on technical specifications prepared by the User Department staff; and,
5) That the funds for the
award be provided from account 067-6150-14124-005 “Self Containing Breathing
Apparatus” in the amount of $577,844.16 dollars (inclusive of HST); and,
6) That the remaining
balance of $18,356 in account 067-6150-14124-005 “Self Containing Breathing
Apparatus” be returned to the original funding source; and further,
7) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(10) REVISED COUNCIL CODE OF
CONDUCT (16.23)
Report Attachments
1) That
the report entitled “Revised Council Code of Conduct” be received for
information purposes; and,
2) That
Council adopt the revised Council Code of Conduct included with this report as
Attachment “A”; and,
3) That
Council adopt the revised Investigation Protocol included with this report as
Attachment “B”; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(11) METROLINX
DIGITAL SIGN PROGRAM (5.0)
Report Attachments
Moved by
Councillor Carolina Moretti
Seconded by
Regional Councillor Gord Landon
1) That
the report entitled “Metrolinx Digital Sign Program” dated June 10, 2014 be
received; and,
2) That
Staff be directed to amend By-law 2002-94 to permit two digital billboards
along the Highway 407 corridor; and,
3) That
Staff be authorized to enter into a Memorandum of Agreement with All Vision in
a form satisfactory to the Chief Administrative Officer and City Solicitor;
and,
4) That
staff be directed to work with All Vision to finalize the location of the sign
in the Langstaff Gateway (Highway 407 east of Yonge Street area); and,
5) That
All Vision pay an annual sign administration payment of $25,000 per sign
structure, subject to an annual increase based on the greater of 2% or the
Consumer Price Index (CPI) (Toronto All Items September – September) effective
January 1st every year; and,
6) That
revenues generated from the Metrolinx Digital Sign Program in Markham be
deposited to Account 890-890-9399 “Other Corporate Revenues”; and,
7) That
Staff report back within one year of program implementation with a status
report; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2014-99)
Carried by a recorded vote (9:3)
(See following recorded vote)
YEAS: Councillor Don
Hamilton, Councillor Carolina Moretti, Regional Councillor Jim Jones, Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Alex Chiu. (9)
NAYS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Logan Kanapathi. (3)
ABSENT: Regional Councillor Joe Li. (1)
(12) AVAC (AUTOMATED VACUUM COLLECTION)
FEASIBILITY WORKING GROUP STATUS UPDATE (5.0)
Report Attachments
1) That the report entitled “AVAC
Feasibility Working Group – Status Update” be received; and,
2) That the AVAC Working Group Mission
Statement and Guiding Principals be endorsed; and,
3) That the development of a Feasibility Analysis study be
approved with input from all key stakeholders and the AVAC Working Group to
determine AVAC system costs, benefits, funding and ownership options and report
back to General Committee in Q1 2015; and,
4) That a new Capital Project for the Feasibility Analysis be
approved to a maximum amount of $50,000 to be funded from the Markham
Environmental Sustainability Reserve Fund and further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(13) AWARD OF TENDER FOR WEST
THORNHILL
FLOOD REMEDIATION PHASE 1 STAGE 1 (7.12)
Report Attachments
Moved by
Councillor Carolina Moretti
Seconded by
Regional Councillor Gord Landon
1) That the report
entitled “Award of Tender 072-T-14 West Thornhill – Phase 1A Storm Sewer and
Watermain Replacement” be received; and,
2) That the contract for Tender
072-T-14 West Thornhill – Phase 1A Storm Sewer and Watermain Replacement be
awarded to the sole Bidder, Lancorp Construction Co. Ltd., in the amount of
$10,479,269.09, inclusive of HST; and,
3) That a 10% contingency
in the amount of $1,047,926.91, 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 be in accordance with the
Expenditure Control Policy; and,
4) That purchase order PD
12134 issued to R.V. Anderson Associates Limited for engineering consulting
services be increased by $272,817.03 (from $789,614.86 to $1,062,431.89)
inclusive of HST to cover the additional contract administration and
construction inspection services, geotechnical inspection, material testing and environmental
inspections; and,
5) That contingency
purchase order PD 12135 issued to R.V. Anderson Associates Limited be increased
by $27,281.70 inclusive of HST, (from $118,442.23 to $145,723.93) to cover any
additional contract administration and construction inspection services,
geotechnical inspections, material testing and environmental inspections and
that authorization to approve expenditures of this contingency amount up to the
specified limit in accordance with the Expenditure Control Policy; and,
6) That the contract award
be funded from “Thornhill Storm Sewer Upgrades” 058-6150-9330-005 in the amount
of $3,102,592.00 and “Flood Control Implementation – West Thornhill (Phase 2)”
058-6150-14271-005 in the amount of $2,571,373.58; (the available budget for
Phase 1A construction is $5,673,965.58 and based on the revised Bid Price and
contract administration cost, Phase 1A construction has a shortfall in the
amount of $6,153,329.16) and,
7) That the revised cost
estimate for the overall Flood Control Program from $186M to $234M (in 2014
dollars) be addressed through an increase of stormwater fee rates to $47 per unit/year from $36 per unit/year for
residential and multi-residential properties and $29/$100,000 current value
assessment (CVA)/year from $21/$100,000 CVA/year for non-residential
properties; and,
8) That a new Stormwater
Fee Reserve fund be established for the Flood Control Implementation Program;
and,
9) That a 5-year
moratorium be placed on any major servicing and utility installation along
Doncrest Drive, Poinsetta Drive (between Doncrest Drive and Daffodil Avenue)
and Daffodil Avenue; and further,
10) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
(14) TO2015 PAN AM/PARAPAN AM
GAMES -
JUNE 2014 STATUS UPDATE (6.0)
Report Attachments Presentation
1) That the report TO2015
Pan Am/Parapan Am Games – June 2014 Status Update be received; and,
2) That Council approve
the revised Terms of Reference for the Markham Pan Am Host Advisory Committee
(Attachment A); and,
3) That Council approve
the vision, mission and key outcomes for the City of Markham as discussed in
the Markham Activation Strategy section of this report; and,
4) That the Mayor and Clerk be authorized to execute the Municipal
Service Agreement in a form satisfactory to the Chief Administrative
Officer, Commissioner of Community and
Fire Services, and City Solicitor; and further,
5) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
6(B) REPORT NO. 27 - DEVELOPMENT SERVICES
COMMITTEE
(June 16, 2014)
Moved by
Regional Councillor Jim Jones
Seconded by
Deputy Mayor Jack Heath
That Report
No. 27 – Development Services Committee comprised of 1 item be received and
adopted.
(1) RECOMMENDATION
REPORT
KING DAVID INC.
10340, 10350 AND 10370
WOODBINE AVENUE
CATHEDRAL COMMUNITY
NORTH OF MAJOR MACKENZIE DRIVE
WEST OF WOODBINE AVENUE
APPLICATIONS FOR OFFICIAL
PLAN/SECONDARY PLAN
AND ZONING BY-LAW AMENDMENTS,
DRAFT PLAN OF SUBDIVISION
AND SITE PLAN APPROVAL
FILE NO.: OP/ZA/SU 13 109102
AND SC 13 138564 (10.3, 10.4, 10.5, 10.7, 10.6)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Deputy Mayor Jack Heath
1) That
the report dated June 16, 2014 and entitled “RECOMMENDATION REPORT, King David
Inc., 10340, 10350 and 10370 Woodbine Avenue, Cathedral Community, North of
Major Mackenzie Drive, west of Woodbine Avenue,
Applications for Official Plan/Secondary Plan and Zoning By-law amendments,
Draft Plan of Subdivision and Site Plan Approval, File No.: OP/ZA/SU 13 109102 and SC 13 138564”,
be received; and,
2) That
the revised application submitted by King David Inc. to amend the in force
Official Plan (Revised 1987), as amended, and the Cathedral Community Secondary
Plan, as amended, and to amend the new Council adopted Official Plan (2013) for
Phase 1 of draft plan of subdivision 19TM-13001, be approved; and,
3) That
the proposed amendments to the in force Official Plan (Revised 1987), as
amended, and the Cathedral Community Secondary Plan, as amended, attached as
Appendix “A”, and a corresponding amendment to the new Council adopted Official
Plan (2013) for Phase 1 of draft plan of subdivision 19TM-13001, be finalized
by staff and forwarded to Council for adoption; and,
4) That
the revised application submitted by King David Inc. to amend Zoning By-laws
304-87, as amended, and 177-96, as amended, for Phase 1 of draft plan of
subdivision 19TM-13001, be approved; and,
5) That
the proposed amendments to Zoning By-laws 304-87, as amended, and 177-96, as
amended, attached as Appendix “B”, for Phase 1 of draft plan of subdivision
19TM-13001, be finalized by staff and enacted without further notice after
either the proposed amendment to the in force Official Plan (Revised 187), as
amended, or the new Council adopted Official Plan (2013) comes into effect;
and,
6) That draft plan of subdivision 19TM-13001 submitted by King David Inc., be draft approved subject to the
conditions outlined in Appendix “C” with the following additional conditions
included: that construction of the proposed lake with a fountain feature
(subject to approvals from the City of Markham, the Toronto and Region
Conservation Authority (TRCA) and other applicable agencies having
jurisdiction) be completed prior to the registration of Phase 2 of the plan of
subdivision; or, if approval of a lake cannot be secured, that construction of an enhanced landscaping
design around the stormwater management pond be completed prior to the
registration of Phase 2of the plan of subdivision; and,
7) That the applicant post a
Letter of Credit to secure the construction of the lake (if approved by the
TRCA and applicable authorities having jurisdiction) or enhanced landscape for
the stormwater management pond, prior to registration of Phase 1 of the plan of
subdivision; and,
8) That the zoning by-law for Phase 1 of draft plan of
subdivision 19TM-13001 establish a minimum residential parking ratio of 1.5
spaces per unit; and,
9) That servicing allocation for a population of 467.62 persons
(206 apartment units) be granted to Phase 1 of draft plan of subdivision 19TM-13001 from the City of
Markham 2015 Servicing Allocation; and,
10) That the City reserves the right to revoke or reallocate the
servicing allocation should the development not proceed in a timely manner;
and,
11) That the Region of York be advised of the servicing allocation
for this development; and,
12) That
the notice of adoption of the Official Plan/Secondary Plan Amendments be
forwarded to the Region of York; and,
13) That
the application submitted by King David Inc. for site plan approval for Phase 1
of the draft plan of subdivision be endorsed in principle; and,
14) That
site plan approval for Phase 1 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 or designate has signed the plans; and,
15) 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,
16) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution; and further,
17) That
future Public Meetings will be held for any development applications for Phases
2 and 3 of draft plan of subdivision 19TM-13001.
Deferred by a recorded vote (9:4)
(See following for deferral of the matter)
(See following recorded vote)
(See following to consider the matter)
Deferral of the matter:
The
recommendation from the June 16, 2014 Development Services Committee meeting
regarding the applications for King David Inc., 10340, 10350 and 10370 Woodbine
Avenue was deferred to a Special Council Meeting to be held in mid-July by a
recorded vote.
Recorded vote:
YEAS: Councillor
Howard Shore, Councillor Don Hamilton, Regional Councillor Joe Li, Regional
Councillor Jim Jones, Deputy Mayor Jack Heath, Regional Councillor Gord Landon,
Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu. (9)
NAYS: Councillor
Valerie Burke, Councillor Carolina Moretti, Mayor Frank Scarpitti, Councillor
Colin Campbell. (4)
Motion to consider the matter:
Moved by Regional Councillor Joe Li
Seconded by Councillor Carolina Moretti
That Council consider the matter regarding the applications for King
David Inc., 10340, 10350 and 10370 Woodbine Avenue immediately following the
delegations with respect thereto.
Carried
6(C) REPORT NO. 28 - DEVELOPMENT SERVICES
COMMITTEE
(June 17, 2014)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
That Report
No. 28 – Development Services committee comprised of 4 items be received and
adopted, except Item No. 1. (See following Item No. 1)
(1) SHINING HILL HOMES INC.
OFFICIAL PLAN & ZONING
BY-LAW AMENDMENT APPLICATIONS
TO PERMIT A TOWNHOUSE
DEVELOPMENT
AT 360 JOHN STREET
FILE NOS. OP 13 108797 &
ZA 13 108797 (10.3, 10.5)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1)
That the deputations by Susan Eaton, Robert Mintzberg, Willem Tiemersma, and Brian Magee regarding applications by Shining
Hill Homes Inc., be received; and,
2) That
the report titled “Shining Hill Homes Inc., Official Plan & Zoning By-law
Amendment applications to permit a townhouse development at 360 John Street,
File Nos. OP 13 108797 & ZA 13 108797,” dated June 17, 2014 be received;
and,
3) That
the applications submitted by Shining Hill Homes Inc., to amend the in
force Official Plan (Revised 1987), as
amended, the Council adopted Official Plan (2013) and Zoning By-law 177-96, as
amended, to permit a townhouse development at 360 John Street be approved; and,
4) That
the proposed amendment to the Official Plan (Revised 1987), as amended,
attached as Appendix ‘A’ , and a corresponding amendment to the Council adopted
Official Plan (2013) be finalized by Staff and forwarded to Council for
adoption and to York Region for approval; and,
5) That
the proposed amendment to Zoning By-law 177-96, as amended, attached as
Appendix ‘B’, be enacted without further notice after either the proposed
amendment to the Official Plan (Revised 1987), as amended, or the Council
adopted Official Plan (2013) is approved by York Region and comes into effect;
and,
6) That the zoning by-law include:
a) Hold provisions addressing the conveyance of buffer lands to the abutting
property owners, to be removed when the City Solicitor is satisfied that the
conveyance has been completed;
b) A condition that the applicant will include a warning clause
in agreements
of Purchase and Sale advising purchasers of nearby industrial uses and noise; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2014-108 to 2014-110)
Carried by a recorded vote (11:0)
(See following recorded vote)
(Councillor Valerie Burke abstained due to
conflict of interest noted below)
YEAS: Councillor
Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Regional
Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional
Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho, Councillor
Logan Kanapathi, Councillor Alex Chiu. (11)
ABSENT: Regional
Councillor Joe Li. (1)
CONFLICT: Councillor
Valerie Burke (1)
Councillor
Valerie Burke disclosed an interest with respect to the Official Plan Amendment
and Zoning By-law Amendment Applications for Shining Hill Homes Inc., 360 John
Street, as she has a family owned business in the Thornhill area and did not
take part in the discussion or vote on this matter.
(2) ALTERATIONS TO PROPERTY
7703 KENNEDY ROAD
VIOLETTA FITZSIMMONS AND VERA
BELCHEVSKI (16.11)
Report
1) That
the report titled “Alterations to Property, 7703 Kennedy Road, Violetta
Fitzsimmons and Vera Belchevski”, dated June 17, 2014 be received; and,
2) That
the recommendation from the Heritage Markham Committee be received; and,
3) That
the Mayor and Clerk be authorized to enter into an agreement with the property
owners, to the satisfaction of the City Solicitor, based on the owners’
proposal and any additional conditions required by City staff; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) MULTI-USE PATHWAY (“MUP”) UPDATE (6.0)
Report
1) That the report entitled “Multi-use
Pathway (“MUP”) Update” be received; and,
2) That a design and construction
administration contingency Purchase Order (PD 12264) originally approved in the
staff award for the project be increased by $490,170.91, inclusive of HST
impact, (from $93,267.77 to $583,438.68) to cover the following;
·
Additional
geotechnical investigation in the amount of $159,884.29, inclusive of HST,
(from $71,232 to $231,116.29);
·
Additional
archaeological investigation in the amount of $168,343.10 inclusive of HST,
(from $20,352 to $188,695.10);
·
Detailed design
for the crossing at McCowan Road in the amount of $81,408.00 inclusive of HST;
·
Detailed
investigation and analysis of Milne Dam bridge crossing in the amount of
$50,880.00 inclusive HST,
·
Permit fees in
the amount of $62,923.29, inclusive of HST.
·
A maximum
allowance of $60,000.00, inclusive of HST for additional time for design,
contract administration, meetings, coordination and other investigations; and,
3) That the Purchase Order increase be
funded from Capital Account 083-5350-14403-005 (Cycling and Trails – Toogood
Pond to Bob Hunter Park); and,
4) That staff report back to Development
Services Committee with proposed entry features and signage plan for the
multi-use pathway network; and further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(4) BOX GROVE COMMUNITY
– 14TH AVENUE SANITARY SEWER SERVICING (5.5)
Report
1)
That the deputation and written
submission by Amber Burke, Director of the Box Grove Community Association,
regarding the Box Grove Community 14th Avenue Sanitary Sewer
Services, be received;
2) That
the “Box Grove Community – 14th Avenue Sanitary Sewer Servicing” report be
received; and,
3) That
the property owners of 6814, 6828 and 6832, 14th Avenue be allowed to extend
the service connection to the property line as part of the Plan B Homes Inc.
development subject to the benefiting property owners submitting the required
funds and executing a funding agreement to the satisfaction of the CAO, City
Solicitor and the Director of Engineering, and;
4) That
the Finance Department be authorized to collect from the three property owners
the assessed costs currently estimated at a total of $42,739.20 (Approx.
$14,246.40 per lot) (including 15% Administration Fees and HST), for the sanitary sewer, and;
5) That Council enact a Fees By-Law
pursuant to Section 391 of the Municipal Act 2001
for costs associated with the sanitary sewer installation substantially in the
form attached as per Attachment ‘A’ – Fees By-law, upon completion of all work
and final determination of costs, and;
6) That the costs per lot be paid either
as a one-time payment or annual payment up to a maximum of 10 years accruing
interest at the same rate as the Region of York 10 Year Debenture Rate, 3.60%
starting in 2015 and ending in 2024, and;
7) That interest not be applied if the
servicing costs are paid in full by March 30, 2015, and;
8) That
the property owners of 6814, 6828 and 6832, 14th Avenue be eligible to receive
future credit (amount to be determined by Council), if Council agrees to
utilize the Box Grove Community Fund for the sanitary sewer improvements within
this area, and;
9) That
a new Engineering Department 2014 capital project be created in the currently
estimated amount of $42,739.20 for the 14th Avenue sanitary sewer
extension (from B to C, as per attached Figure 1) to be funded by the property
owners (6814, 6828 and 6832, 14th Avenue)
to be finalized upon completion of the work, and further;
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
6(D) REPORT NO. 29 - DEVELOPMENT SERVICES PUBLIC
MEETING
(June 17, 2014)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
(1) PRELIMINARY REPORT
BELFIELD INVESTMENTS INC.
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO EXPAND THE RANGE OF
PERMITTED USES AT
8050 WOODBINE AVENUE
FILE NOS. OP 13 130529 &
ZA 13 130529 (10.3, 10.5)
Report
1) That
the report titled “Preliminary Report, Belfield Investments Inc., Official Plan
and Zoning By-law Amendments to expand the range of permitted uses at 8050
Woodbine Avenue, File Nos. OP 13 130529 and ZA 13 130529,” dated April 29, 2014
be received; and,
2) That
the Record of the Public Meeting held on June 17, 2014, with respect to the
proposed Official Plan Amendment & Zoning Amendment to expand the range of
permitted uses at 8050 Woodbine Avenue, File Nos. OP 13 130529 & ZA 13
130529 , be received; and,
3) That
the applications by Belfield Investments Inc., to amend the current Official Plan (Revised 1987), as amended, the
new Official Plan 2014 and City By-law 2284-68, as amended, be approved; and,
4) That
the proposed amendments to the current Official Plan (Revised 1987), as
amended, the new Official Plan 2014 be adopted and forwarded to the Region of
York for approval; and,
5) That
the proposed amendment to Zoning By-law 2284-68 be enacted after the proposed
Official Plan Amendment is approved by the Region of York; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) PRELIMINARY REPORT
QUADROM PROPERTIES INC.
APPLICATION FOR ZONING BY-LAW
AMENDMENT
TO PERMIT ADDITIONAL
COMMERCIAL USES
AT 592 COUNTRY GLEN ROAD,
CORNELL COMMUNITY
(FILE NO. ZA 14 108766) (10.5)
Report
1)
That the correspondence and deputation by Ahmed Khan (Hensey), regarding
the application by Quadrom Properties Inc., be received; and,
2) That the Development Services Commission report dated June
17, 2014, entitled “PRELIMINARY REPORT, Application by Quadrom Properties Inc.,
Application for Zoning By-law Amendment to permit additional commercial uses at
592 Country Glen Road, Cornell Community.
File Number: ZA 14 108766.” be received; and,
3) That the record of the Public Meeting held on June 17, 2014
with respect to the proposed Zoning By-law Amendment by Quadrom Properties
Inc., to permit additional commercial uses at 592 Country Glen Road, Cornell
Community. File Number: ZA 14 108766.” be received; and,
3) That the Zoning By-law Amendment application (ZA 14 108766)
by Quadrom Properties Inc. to amend Zoning By-law 177-96, as amended, excluding daycare use, be approved; and further,
4) That the proposed amendment to Zoning By-law 177-96, as
amended, be enacted without further notice.
(By-law 2014-101)
Carried
(3) LINDVEST PROPERTIES (CORNELL) LIMITED
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT
APPLICATIONS TO PERMIT A
BROADER RANGE
OF RETAIL AND OFFICE USES
NORTH PORTION OF BLOCK 4,
19TM-06012
SOUTHEAST CORNER OF BUR OAK
AVENUE AND HIGHWAY 7
(ZA/OP 13 126638) (10.3, 10.5)
Memo Report
1) That the Development Services Commission report dated June
17, 2014 entitled “INFORMATION REPORT. Application by Lindvest Properties
(Cornell) Limited to permit a retail commercial centre at the southeast corner
of Highway 7 and Bur Oak Avenue in Cornell Centre. File Numbers: OP/ZA/SC 13
126638” be received; and,
2) That the record of the Public Meeting held on June 17, 2014
with respect to the proposed Official Plan Amendment and Zoning By-law
Amendment by Lindvest Properties (Cornell) Limited to permit a retail
commercial centre at the southeast corner of Highway 7 and Bur Oak Avenue in
Cornell Centre (OP/ZA/SC 13 126638)” be received; and,
3) That the Official Plan Amendment and Zoning By-law Amendment
applications (OP/ZA 13 126638) by Lindvest Properties (Cornell) Limited to
amend the Official Plan and Zoning By-law 177-96, as amended, be approved; and,
4) That the Official
plan Amendment include policies and provisions to require a public east/west
road within the property boundary at the time the lands (Block 4, 19TM-06012)
are redeveloped in the long term; and further,
5) That the proposed amendment to the Official Plan and Zoning
By-law 177-96, as amended, be enacted without further notice.
Carried
(4) PRELIMINARY REPORT
NEAMSBY INVESTMENTS INC.,
ROSINA MAURO
AND FULTON HOMES LIMITED
OFFICIAL PLAN AMENDMENT
APPLICATION TO REDESIGNATE EMPLOYMENT
LANDS TO ALLOW RESIDENTIAL
USES AT 5659 TO 5933 14TH
AVENUE
FILE NO: OP 13 108448 (10.3)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1)
That
correspondence and deputation by Sam Orrico regarding the application by
Neamsby Investments Inc., be received; and,
1) That
the Development Services Commission report dated May 6th, 2014
titled “PRELIMINARY REPORT, Neamsby Investments Inc., Rosina Mauro and Fulton
Homes Limited, Official Plan amendment application to redesignate employment
lands to allow residential uses at 5659 to 5933 14th Avenue, File
No: OP 13 108448,” be received; and,
2) That
the record of the Public Meeting held on June 17th, 2014, with
respect to the Official Plan amendment application submitted by Neamsby
Investments Inc., Rosina Mauro and Fulton Homes Limited to redesignate
employment lands to allow residential uses at 5659 to 5933 14th
Avenue (OP 13 108448) be received; and,
3) That
the Official Plan amendment application (OP 13 108448) submitted by Neamsby
Investments Inc., Rosina Mauro and Fulton Homes Limited to amend the in force
Official Plan (Revised 1987), as amended, and the new Council adopted Official
Plan (2013), to redesignate employment lands to permit residential uses at 5659
to 5933 14th Avenue, be approved; and,
4) That
the proposed amendment to the Official Plan (Revised 1987), as amended, be
adopted and forwarded to York Region for approval; and,
5) That
the proposed amendment to the Council adopted Official Plan (2013), be adopted
and forwarded to York Region for approval; and further,
6) That
Staff be authorized and directed to give effect to this resolution.
Carried
(5) PRELIMINARY REPORT
BOX GROVE HILL DEVELOPMENTS
INC.
NORTH SIDE OF COPPER CREEK
DRIVE, BETWEEN NINTH LINE
AND DONALD COUSENS PARKWAY
APPLICATION TO AMEND THE
OFFICIAL PLAN TO
REDESIGNATE EMPLOYMENT LAND TO
ALLOW
TOWNHOUSES, LIVE-WORK UNITS, A
SENIORS RESIDENCE,
AND RESTAURANT USES WITHIN A
CONVENTION CENTRE
AND BANQUET HALL FACILITY AND
APPLICATIONS TO
AMEND THE ZONING BY-LAW AND
FOR DRAFT PLAN OF
SUBDIVISION TO PERMIT THE
PROPOSED TOWNHOUSES
FILE NOS: OP 13 108173, ZA/SU
14 109086 (10.3, 10.5 and 10.7)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1)
That the written
submissions from Rama Koneru and William To, regarding the applications by Box
Grove Hill Developments Inc., be received; and,
2)
That the
deputations by Yanna Song, Ricky Tsui, and Michael Ben, regarding the
applications by Box Grove Hill Developments Inc., be received; and,
3) That
the Development Services Commission report dated May 6th, 2014
titled “PRELIMINARY REPORT, Box Grove Hill Developments Inc., North side of
Copper Creek Drive, between Ninth Line and Donald Cousens Parkway, Application
to amend the Official Plan to redesignate employment land to allow townhouses,
live-work units, a seniors residence, and restaurant uses within a convention
centre and banquet hall facility and applications to amend the Zoning By-law
and for Draft Plan of Subdivision to permit the proposed townhouses, File Nos:
OP 13 108173, SU/ZA 14 109086 be received; and,
4) That
the record of the Public Meeting held on June 17th, 2014, with
respect to the Official Plan amendment application (OP 13 108173) to
redesignate employment land to allow residential uses including townhouses,
live-work units and a seniors residence, as well as a stand alone trade and
convention centre with banquet hall facilities and restaurants and Zoning
By-law amendment and Draft Plan of Subdivision (ZA/SU 14 109086) applications
to permit the proposed townhouses and live-work units, be received; and,
5) That
the Official Plan amendment application (OP 13 108173) submitted by Box Grove
Hill Developments Inc., to amend the in force Official Plan (Revised 1987), as
amended, and the Council adopted Official Plan (2013), to redesignate
employment land to allow residential uses comprised of townhouses, live-work
units and a seniors residence, and a stand-alone trade and convention centre
with banquet hall facilities and restaurants, on the north side of Copper Creek
Drive, between Ninth Line and Donald Cousens Parkway, be approved; and,
6) That
the Official Plan amendment to the Official Plan (Revised 1987), as amended, be
adopted and forwarded to York Region for approval; and,
7) That
the Official Plan amendment to the Council adopted Official Plan (2013), be
adopted and forwarded to York Region for approval; and,
8) That
the Zoning By-law amendment and Draft Plan of Subdivision applications (ZA/SU
14 109086) submitted by Box Grove Hill Developments Inc., be referred back to
staff for a report and recommendation; and further,
9) That
Staff be authorized and directed to give effect to this resolution.
Carried
6(E) REPORT NO. 30 - GENERAL COMMITTEE (June 24,
2014)
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Howard Shore
That Report
No. 30 – General Committee comprised of 3 items be received and adopted.
(1) MARKHAM
ARTS COUNCIL (5.0)
1) That the verbal report from staff be received; and,
2) That the Markham Arts Council be advanced their 2015
Celebrate Markham fund of $19,000; and,
3) That an additional grant of $5,000 be extended to the
Markham Arts Council and the operating account be at the discretion of the
Treasurer; and,
4) That if Council determines in September that Markham should
extend further funds to the Markham Arts Council, new operating arrangement or
not, the above interim amount of $24,000 be included in such funding, not over
and above; and,
5) That the Director of Culture be the City’s liaison for the
Markham Art Council’s Board of Directors and that the Director of Culture be
directed to report back in September on how the interim funds were utilized;
and,
6) That Markham Arts Council work with City staff over the
summer to ensure that the September report to General Committee has the
information required and that it be prepared by September 2014; and further,
7) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
(2) RIGHT
OF MAINTENANCE ACCESS BY-LAW (2.0)
Report Attachment
1) That
the report entitled “Right of Maintenance Access By-law” be received; and,
2) That
Appendix ‘A’- Right of Maintenance Access By-law be enacted; and,
3) That
staff prepare and publish information on the Right of Maintenance Access By-law
and By-law processes for dissemination on the Portal and for distribution by
field staff; and,
4) That
staff report back within 1 year of Right of Maintenance Access By-law
implementation; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2014-116)
Carried
(3) FAIR ACCESS PROJECT -
MEMORANDUM OF UNDERSTANDING (3.5)
Report
1) That
the Fair Access Project – Memorandum of Understanding report be received; and,
2) That
the Mayor and Clerk be authorized to execute the Memorandum of Understanding (MOU) between the York
Region Catholic School Board, York Region District School Board, Region of York
and City of Markham, upon satisfactory review by the City Solicitor and the
Commissioner of Community and Fire Services; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
6(F) REPORT NO. 31 – DEVELOPMENT SERVICES
COMMITTEE (June 24, 2014)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
(1) AURIGA
DEVELOPMENTS INC.
PLAN OF SUBDIVISION
(19TM-14003)
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT APPLICATIONS
TO PERMIT A RESIDENTIAL
DEVELOPMENT
AT THE NORTHWEST CORNER OF
HIGHWAY 7
AND DONALD COUSENS PARKWAY,
CORNELL COMMUNITY
FILE NOS. OP/ZA/SU 14 109647
(10.7, 10.3 & 10.5)
1) That the
Official Plan Amendment for Auriga Development Inc. be endorsed in principle
subject to the applicant joining the Cornell Developers Group and the
development being lane based with density, lot frontages and built form
satisfactory to staff.
Carried
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
(1) CITY
BUILDING AND CREATING A COMPETITIVE ECONOMY (10.0)
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
Whereas the newly elected
Liberal Provincial government included 29 Billion Dollars in their budget for
new Transit Projects, including the extension of the Yonge Street Subway to
Highway 7 and the electrification and improved service levels of both the
Richmond Hill and Stouffville GO Train lines; and,
Whereas this is the first time
in decades that the Province of Ontario has shown leadership in public transit
through the budget process; and,
Whereas it is unlikely that
the private sector will take the lead on identifying potential transit station sites on the
Richmond Hill and Stouffville GO train lines and related development study
areas, as that is a planning responsibility of the City; and,
Whereas these studies should
be a proactive, comprehensive initiative of the City rather than of small, individual,
isolated landowners; and,
Whereas there are significant
costs associated with these studies that local landowners may not be able to
fund, as many operate small business; and,
Whereas the expertise for
these studies lies within City Departments and not with small business owners;
and,
Whereas the City has the
financial ability to front-end the funding of these studies and collect back
the costs through any means available; and,
Whereas Council passed a
motion on June 11, 2014, attached, regarding the potential John and Green Lane
study area; and,
Whereas this initiative will
benefit Markham residents immensely through better service and the opportunity
to create modern development adjacent to rapid transit;
Now therefore be it resolved:
1) That Staff be directed to bring back a list of proposed
sites that could benefit from the expansion of GO Transit Service and a method
of financing these studies.
Note: This motion will be consider
by Council on September 10, 2014.
9. COMMUNICATIONS
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Alex Chiu
That Council
receive and consent to the disposition of Communication Nos. 37-2014, 38-2014,
40-2014 to 45-201 as recommended.
Carried
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Alex Chiu
That Council
receive and consent to the disposition of Communication No. 39-2014 as
recommended.
Carried
(Councillor Valerie Burke abstained due to
conflict of interest noted below)
Councillor
Valerie Burke disclosed an interest with respect to the Official Plan Amendment
and Zoning By-law Amendment Applications for Shining Hill Homes Inc., 360 John
Street, as she has a family owned business in the Thornhill area and did not
take part in the discussion or vote on this matter.
Received
37-2014 MEMORANDUM -
HOLD REMOVAL BY-LAW FOR MON SHEONG FOUNDATION, 1, 2, 20 AND 21 SUN YAT SEN
AVENUE (10.0)
Memo
Memorandum dated June 24, 2014 from the Commission of Development
Services providing information regarding the application for Mon Sheong
Foundation, 1, 2, 20 and 21 Sun Yat Sen Avenue, and recommending the enactment
of the proposed Hold Removal By-law with respect thereto.
(By-law 2014-90)
Carried
38-2014 MEMORANDUM -
HOLD REMOVAL BY-LAW FOR RULAND PROPERTIES INC., 162 ENTERPRISE BOULEVARD AND
8080 BIRCHMOUNT ROAD (10.0)
Memo
Memorandum dated June 24, 2014 from the Commission of Development
Services providing information regarding the application for Ruland Properties
Inc., 162 Enterprise Boulevard and 8080 Birchmount Road, and recommending the
enactment of the proposed Hold Removal By-law with respect thereto.
(By-law 2014-91)
Carried
39-2014 COMMUNICATION -
SHINING HILL HOMES INC., 360 JOHN STREET (10.3 AND 10.5)
Communication
Bob Lanthier, Chemline Plastics, providing comments and requesting
deferral for the application submitted by Shining Hill Homes Inc., 360 John
Street.
(Item No. 1, Report No. 28)
Carried
(Councillor Valerie Burke abstained due to
conflict of interest)
Referred to all Members of
Council
40-2014 LIQUOR LICENCE
APPLICATION FOR INITIUM CO, 8241 WOODBINE AVENUE, UNITS 6 AND 7 (WARD 6) (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 area).
Carried
41-2014 LIQUOR LICENCE
APPLICATION FOR WILD WING, 4465 MAJOR MACKENZIE DRIVE EAST, UNIT B, (WARDS 4
AND 6) (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 and
outdoor areas).
Carried
42-2014 SPECIAL OCCASION
LIQUOR PERMIT FOR ST. DIMITRIJA SOLUNSKI, MACEDONIAN ORTHODOX CHURCH (WARD 5)
(3.21)
Letter
Requesting an approval from the City of Markham to designate their
Annual Cultural Food, Dance and Music Festival being held on September 12, 13
and 14, 2014 at 201 Main Street Markham as an event of Municipal Significance. The City's designation is a requirement of the
Alcohol and Gaming Commission of Ontario (AGCO) to support the application of a
Special Occasion Liquor Permit.
Carried
43-2014 ROAD CLOSURE REQUEST – PAN AM/PARAPAN
AM GAMES 1 YEAR COUNTDOWN CELEBRATION (3.5)
Info
The
following roads will be closed on July 13, 2014 from 7:00 AM to 10:00 PM to
facilitate the event:
- Along Enterprise Blvd from Main Street
Unionville & Rivis Road.
Carried
Received
44-2014 COMMUNICATION -
KING DAVID INC., 10340, 10350 AND 10370 WOODBINE AVENUE (10.3, 10.4, 10.5 10.7,
10.6)
(Item No. 1, Report No. 27)
Letter
Letter dated June 24, 2014 from Marc Kemerer, Blaney McMurtry
Barristers and Solicitors, providing comments on behalf of the Cathedral Town
Community Ratepayers Association.
Carried
45-2014 NEAMSBY INVESTMENTS
INC., ROSINA MAURO AND FULTON HOMES LIMITED, 5659 TO 5933 14TH
AVENUE
AND
BOX GROVE HILL DEVELOPMENTS INC., NORTH
SIDE OF COPPER CREEK DRIVE, BETWEEN NINTH LINE AND
DONALD COUSENS PARKWAY(10.3, 10.5 AND 10.7)
(ITEM NOS. 4 AND 5, REPORT NO. 29)
Letter
Letter dated June 24, 2014 from Patricia A. Foran, Aird & Berlis
Barristers and Solicitors, providing comments on behalf of Lindvest Properties
(Cornell) Limited.
Carried
10. PROCLAMATIONS
There were no
proclamations.
11. NEW/OTHER BUSINESS
(1) NOTICES OF PROPOSED SALE
LOT 34, PLAN 65M-2761
(2 ALEXANDER HUNTER PLACE,
MARKHAM HERITAGE ESTATES)
(JAMES BRANDER HOUSE) (7.0
& 16.11)
Notices of Proposed Sale
City of Markham
Proposed Sale of Surplus
Real Property
(Pursuant to By-law
178-96)
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Jim Jones
1) That the
notice of proposed sale for the City of Markham owned lands legally described
as follows be confirmed:
"Lot 34, Plan 65M-2761, City of Markham, Regional Municipality of
York (2 Alexander Hunter Place, Markham Heritage Estates)."
(In-Camera Item No. 3 – June 11, 2014 Council
Meeting)
Carried
12. BY-LAWS
The following
by-laws were considered and enacted/deferred by Council on June 24, 2014 before
mid-night as outlined below:
Moved by
Regional Councillor Jim Jones
Seconded by
Deputy Mayor Jack Heath
That By-laws
2014-105 to 2014-107 regarding the applications for King David Inc., 10340,
10350 and 10370 Woodbine Avenue be deferred to a Special Council Meeting to be
held in mid-July.
Carried
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Alex Chiu
That By-laws
2014-84 to 2014-104 and By-laws 2014-112 to 2014-116 be given three readings
and enacted.
Carried
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Alex Chiu
That By-laws
2014-108 to 2014-110 regarding the applications for Shining Hill Homes Inc.,
360 John Street, be given three readings and enacted.
Carried
(Councillor Valerie Burke abstained due to
conflict of interest noted below)
Councillor
Valerie Burke disclosed an interest with respect to the Official Plan Amendment
and Zoning By-law Amendment Applications for Shining Hill Homes Inc., 360 John
Street, as she has a family owned business in the Thornhill area and did not
take part in the discussion or vote on this matter.
Three Readings
BY-LAW 2014-84 A BY-LAW TO AMEND BY-LAW 2002-311, A BY-LAW TO APPOINTMENT
DEPUTY CLERKS FOR THE CITY OF MARKHAM (APPOINT CARLIE TURPIN AND DELETE STEPHEN
M.A HUYCKE AND BLAIR LABELLE)
By-law
Carried
BY-LAW 2014-85 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (ADMINISTRATIVE
AMENDMENTS PERTAINING TO PARKING PERMIT PROGRAM AREAS)
By-law
Carried
BY-LAW 2014-86 A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE
VALUE OR INTEREST (CARL REESOR JAMES HOUSE, 8127 BAYVIEW AVENUE)
By-law
Carried
BY-LAW 2014-87 A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE
VALUE OR INTEREST (ARCHIBALD FENWICK HOUSE, 7 HERITAGE CORNERS LANE)
By-law
Carried
BY-LAW 2014-88 ARROWDALE DEVELOPMENTS LTD. AND BONNYDON LTD., DRAFT
PLAN 19TM-03001, HOLD REMOVAL BY-LAW
By-law
A by-law to amend By-law 177-96, as amended, to permit the
construction of single detached and semi-detached houses, south of Major
Mackenzie Drive and east of Greenspire Avenue in the Wismer Community.
Carried
BY-LAW 2014-89 1473092 ONTARIO LTD., METRUS DEVELOPMENT, CONCESSION 9, PART OF
LOTS 16 AND 17, DRAFT PLAN 19TM-01015 (PHASE 6), HOLD REMOVAL BY-LAW
By-law
A by-law to amend By-law 177-96, as amended,
to permit the construction of single and townhouses.
Carried
BY-LAW 2014-90 MON SHEONG FOUNDATION, 1, 2, 20 AND 21 SUN YAT SEN AVENUE, HOLD REMOVAL
BY-LAW
By-law
A by-law to amend By-law 177-96, as amended,
to permit the construction of seniors' buildings.
(Communication No. 37-2014)
Carried
BY-LAW 2014-91 RULAND PROPERTIES INC., 162 ENTERPRISE BOULEVARD & 8080 BIRCHMOUNT
ROAD, HOLD REMOVAL BY-LAW
By-law
A by-law to amend By-law 2004-196, as
amended, to permit the construction of a carousel and accessory uses and
addition to an existing presentation centre that will function as a service
room for the carousel.
(Communication No. 38-2014)
Carried
BY-LAW 2014-92 1406262 ONTARIO INC., 8375 WOODBINE AVENUE, ZONING BY-LAW
AMENDMENTS
By-law
A By-law to
amend By-law 127-76 and By-law 165-80, as amended, to permit for a broader
range of commercial uses.
(Item No. 1, Report No. 3 –
January 28, 2014 Council Meeting)
Carried
BY-LAW 2014-93 16TH MCCOWAN HOLDINGS LTD., PART LOT CONTROL
EXEMPTION BY-LAW
By-law
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Lots 3, 26, 27 and 44, Plan
65M-4317, north of 16th Avenue and south of Barnstone Drive.
Carried
BY-LAW 2014-94 A BY-LAW TO AMEND BY-LAW 4-2000, AS AMENDED, BEING A BY-LAW TO
APPOINT A CHIEF ADMINISTRATIVE OFFICER FOR THE CITY OF MARKHAM (SECTION 6.2)
By-law
Carried
BY-LAW 2014-95 ARISTA HOMES (UPPER UNIONVILLE) INC. PART LOT CONTROL EXEMPTION
BY-LAW
By-law
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Lots 77, 80, 119, 120
and 122, Plan 65M-4398, east of Harbord Street and north of Wilfred Murison
Avenue.
Carried
BY-LAW 2014-96 ROAD DEDICATION BY-LAW (BOX GROVE COLLECTOR ROAD AND MARKHAM
BY-PASS)
By-law
A by-law to dedicate certain lands as part of
the highways of the City of Markham (Blocks 11 and 18, Plan 65M-4141- Box Grove
Collector Road; Part of Lots 4 and 5,
Concession 9, designated as Parts 1, 2 and 3, Plan 65R-30962, save and except
Part of Lot 5, Concession 9, designated as Parts 1, 2 and 3, Plan 65R-32401 -
Box Grove Collector Road; Block 61, Plan
65M-3970 - Box Grove Collector Road)
Carried
BY-LAW 2014-97 A BY-LAW TO AMEND SPEED BY-LAW 105-71 (BOX GROVE COLLECTOR ROAD
FROM HIGHWAY 407 TO BOX GROVE BY-PASS - TO DEFINE A MAXIMUM SPEED OF 60
KILOMETERS PER HOUR)
By-law
Carried
BY-LAW 2014-98 A BY-LAW TO RENAME MARKHAM BY-PASS TO BOX GROVE COLLECTOR ROAD
By-law
Carried
BY-LAW 2014-99 A BY-LAW TO AMEND SIGN BY-LAW 2002-94 (DIGITAL BILLBOARDS ALONG
HIGHWAY 407 CORRIDOR)
(Item No. 11, Report No. 26)
By-law
Carried
BY-LAW 2014-100 GLOBAL UNIONVILLE DEVELOPMENT INC., 28 MAIN STREET UNIONVILLE, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
OPA
A by-law to adopt Official Plan Amendment No.
219 to the in force Official Plan (Revised 1987), as amended, to permit
residential development.
Carried
BY-LAW 2014-101 QUADROM PROPERTIES INC., 592 COUNTRY GLEN ROAD, ZONING BY-LAW
AMENDMENTS
By-law
A by-law to amend By-law 177-96, as amended,
to permit additional commercial uses on the ground floor of the mixed used
building.
(Item No. 2, Report No. 28)
Carried
BY-LAW 2014-102 MARKHAM CENTRE DEVELOPMENT CORPORATION, SOUTH OF ENTERPRISE
BOULEVARD BETWEEN RIVIS ROAD AND THE GO RAIL LINE, AMENDMENT TO THE IN FORCE
OFFICIAL PLAN (REVISED 1987), AS AMENDED
OPA
A by-law to adopt Official Plan Amendment No.
220 to the in force Official Plan (Revised 1987), as amended, to permit a
mixed-use development.
(Item No. 2, Report No. 21 – May 15, 2014
Council Meeting)
Carried
BY-LAW 2014-103 MARKHAM CENTRE DEVELOPMENT CORPORATION, SOUTH OF ENTERPRISE
BOULEVARD BETWEEN RIVIS ROAD AND THE GO RAIL LINE, DELETING BY-LAW
By-law
A by-law to amend By-law 122-72, as amended,
to delete the subject lands from the designated area of By-law 122-72, as
amended, so that the lands could be incorporated into By-law 2004-196, as
amended, to permit a mixed-use development.
(Item No. 2, Report No. 21 – May 15, 2014
Council Meeting)
Carried
BY-LAW 2014-104 MARKHAM CENTRE DEVELOPMENT CORPORATION, SOUTH OF ENTERPRISE
BOULEVARD BETWEEN RIVIS ROAD AND THE GO RAIL LINE, IMPLEMENTING BY-LAW
By-law
A by-law to amend By-law 2004-196, as
amended, to permit a mixed-use development.
(Item No. 2, Report No. 21 – May 15, 2014
Council Meeting)
Carried
BY-LAW 2014-105 KING DAVID INC., 10340, 10350 AND 10370 WOODBINE AVENUE,
AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt an Official Plan Amendment
to the in force Official Plan (Revised 1987), as amended, to allow the
construction of commercial and residential buildings.
(Item No. 1, Report No. 27)
Deferred
BY-LAW 2014-106 KING DAVID INC., 10340, 10350 AND 10370 WOODBINE AVENUE,
AMENDMENT TO THE NEW COUNCIL ADOPTED OFFICIAL PLAN (2014)
A by-law to adopt an Official Plan Amendment
to the new Council adopted Official Plan (2014) to allow the construction of
commercial and residential buildings.
(Item No. 1, Report No. 27)
Deferred
BY-LAW 2014-107 KING DAVID INC., 10340, 10350 AND 10370 WOODBINE AVENUE, ZONING
BY-LAW AMENDMENTS
A by-law to amend By-laws 304-87 and 177-96,
as amended, to allow the construction of commercial and residential buildings.
(Item No. 1, Report No. 27)
Deferred
BY-LAW 2014-108 SHINING HILL HOMES INC., 360 JOHN STREET, AMENDMENT TO THE IN
FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
OPA
A by-law to adopt Official Plan Amendment No.
221 to the in force Official Plan (Revised 1987), as amended, to permit a
townhouse development.
(Item No. 1, Report No. 28)
Carried
(Councillor Valerie Burke abstained due to
conflict of interest)
BY-LAW 2014-109 SHINING HILL HOMES INC., 360 JOHN STREET, AMENDMENT TO THE NEW
COUNCIL ADOPTED OFFICIAL PLAN (2014)
OPA
A by-law to adopt Official Plan Amendment No.
1 to the new Council adopted Official Plan (2014) to permit a townhouse
development.
(Item No. 1, Report No. 28)
Carried
(Councillor Valerie Burke abstained due to
conflict of interest)
BY-LAW 2014-110 SHINING HILL HOMES INC., 360 JOHN STREET, ZONING BY-LAW AMENDMENT
By-law
A by-law to amend By-law 77-73, 177-96 and
151-75, as amended, to permit a townhouse development.
(Item No. 1, Report No. 28)
Carried
(Councillor Valerie Burke abstained due to
conflict of interest)
BY-LAW 2014-112 NEAMSBY INVESTMENTS INC., ROSINA MAURO AND FULTON HOMES LIMITED, 5659
TO 5933 14TH AVENUE, AMENDMENT TO THE IN FORCE OFFICIAL PLAN
(REVISED 1987), AS AMENDED
OPA
A by-law to adopt Official Plan Amendment No.
222 to the in force Official Plan (Revised 1987), as amended, to allow for
residential uses.
(Item No. 4, Report No. 28)
Carried
BY-LAW 2014-113 NEAMSBY INVESTMENTS INC., ROSINA MAURO AND FULTON HOMES LIMITED, 5659
TO 5933 14TH AVENUE, AMENDMENT TO THE NEW COUNCIL ADOPTED OFFICIAL
PLAN (2014)
OPA
A by-law to adopt Official Plan Amendment No.
2 to the new Council adopted Official Plan (2014) to allow for residential
uses.
(Item No. 4, Report No. 28)
Carried
BY-LAW 2014-114 BOX GROVE HILL DEVELOPMENTS INC., NORTH SIDE OF COPPER CREEK DRIVE,
BETWEEN NINTH LINE AND DONALD COUSENS PARKWAY, AMENDMENT TO THE IN FORCE
OFFICIAL PLAN (REVISED 1987), AS AMENDED
OPA
A by-law to adopt Official Plan Amendment No.
223 to the in force Official Plan (Revised 1987), as amended, to allow for a
mixed-use development.
(Item No. 4, Report No. 28)
Carried
BY-LAW 2014-115 BOX GROVE HILL DEVELOPMENTS INC., NORTH SIDE OF COPPER CREEK DRIVE,
BETWEEN NINTH LINE AND DONALD COUSENS PARKWAY, AMENDMENT TO THE NEW COUNCIL
ADOPTED OFFICIAL PLAN (2014)
OPA
A by-law to adopt Official Plan Amendment No.
3 to the new Council adopted Official Plan (2014) to allow for a mixed-use
development.
(Item No. 4, Report No. 28)
Carried
BY-LAW 2014-116 A BY-LAW TO PERMIT ONTO ADJOINING LANDS FOR MAINTENANCE (RIGHT OF
ACCESS FOR MAINTENANCE BY-LAW)
By-law
Carried
13. IN-CAMERA ITEMS
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Colin Campbell
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (10:38
PM on June 24, 2014):
Council
– June 24, 2014
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- JUNE 11, 2014 (16.0)
[Section 239 (2) (b) (c) (d) (e) (f)]
General Committee – June 16, 2014
(2) GENERAL
COMMITTEE IN-CAMERA MINUTES - JUNE 9, 2014 (16.0)
[Section 239 (2) (b) (a), (b) (c) (b) (f)]
(3) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 4) (8.6)
[Section 239 (2) (c)]
(4) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 5) (8.6)
[Section 239 (2) (c)]
(5) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARDS 5 AND 7) (8.6)
[Section 239 (2) (c)]
(6) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (BOARD/COMMITTEE RESIGNATIONS) (16.24)
[Section 239 (2) (b)]
Development Services Committee – June 17,
2014
(7) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.0)
[Section 239 (2) (e)]
(8) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.0)
[Section 239 (2) (e)]
(9) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - WARD 8 (8.0)
[Section 239 (2) (e)]
General Committee – June 24, 2014
(10) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF
LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (8.6)
[Section 239 (2) (c)]
(11) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF
LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (8.6)
[Section 239 (2) (c)]
(12) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (BOARD/COMMITTEE RESIGNATION) (16.24)
[Section 239 (2) (b)]
Development Services Committee – June 24,
2014
(13) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.0)
[Section 239 (2) (e)]
Council – June 24, 2014
(14) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD AND ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING
COMMUNICATIONS NECESSARY FOR THAT PURPOSE (YORK UNIVERSITY PROPOSAL) (8.0)
[Section 239 (2) (c) (f)]
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
That Council
rise from the in-camera session. (12:01 AM on June 25, 2014)
Carried
The in-camera
items were approved by Council as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- JUNE 11, 2014 (16.0)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
1) That the Council
In-camera Minutes dated June 11, 2014 be confirmed.
Carried
(2) GENERAL
COMMITTEE IN-CAMERA MINUTES - JUNE 9, 2014 (16.0)
Moved by
Councillor Colin Campbell
Seconded by
Regional Councillor Gord Landon
1)
That the General Committee in-camera minutes dated June 9, 2014 be
confirmed.
Carried
Report
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Howard Shore
1) That
the report entitled “Reporting out Acquisition of 54 Acre Parcel on McCowan
Road, north of Elgin Mills Road”, be received; and,
2) That
the funding for the land purchase be changed from Development Charge Reserves
to Land Acquisition Reserve Fund; and,
3) That
Staff be authorized and directed to take the actions set out in this report.
Carried
Moved by
Councillor Colin Campbell
Seconded by
Deputy Mayor Jack Heath
1) That
the report entitled “Declaration of Surplus Lands in Cornell Rouge Development
Corporation’s Phase 4C Residential Subdivision (Registered Plan 65M-4364) and
Proposed Land Exchange” be received; and,
2) That
in accordance with By-law 178-96 the City declare lands described as Part of
Blocks 175, 177, 180, 181, 182 and 183 (Lanes) on Registered Plan 65M-4364,
City of Markham, Regional Municipality of York, as surplus, being lands
originally set out for small hydro notches as set out on Attachment No.2 to this
report; and,
3) That
subject to No. 2, above, the Mayor and Clerk execute a land exchange agreement
with Cornell Rouge Development Corporation for the nominal sum ($1.00)
conveyance by the City of lands described in No. 2, above, in exchange for
lands to be conveyed to the City for a nominal sum ($1.00) described as Part of
Lots 25, 26, 58, 59, 96, 97, 105, 106, 119, 121, 144, 145, and Part of Block
182 (Lane), Registered Plan 65M-4364, City of Markham, Regional Municipality of
York, all being lands for small hydro notches, as set out on Attachment No. 1
to this report; and,
4) That
subject to No. 2 above, the City enact a By-law to Stop Up, Close and convey
lands described as Part of Blocks 175, 177, 180, 181, 182 and 183 (Lanes) on
Registered Plan 65M-4364, City of Markham, Regional Municipality of York, as
set out on Attachment No. 2 to this report; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
the forgoing.
Carried
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Logan Kanapathi
1) That
the report “Rouge National Urban Park Land Assembly Agreement Authority” be
received; and,
2) That
the Mayor and Clerk be authorized to execute a Memorandum of Agreement
(“MOA”) with Parks Canada and other municipal landowners, in a form and content
satisfactory to the Chief Administrative Officer and the City Solicitor, for
the conditional transfer to Parks Canada at nominal consideration of the lands
owned by the City set out in Attachment “A” (“City Owned Lands”) for
inclusion in the Rouge National Urban Park (“RNUP”), subject to the
satisfaction of certain conditions outlined in this report, including without
limitation, the City and Parks Canada entering into the Supplementary Agreement
(s) (hereinafter defined); and,
3) That
prior to the final transfer of the City Owned Lands or any parts thereof, to
Parks Canada, staff negotiate a written agreement (s) with Parks Canada and other
parties as necessary (“Supplementary Agreement (s)”) as directed by Council on
June 24, 2014; and,
4) That
subject to the satisfaction of conditions for the final transfer of City Owned
Lands to Parks Canada as outlined in the report, including without limitation,
the City and Parks Canada entering into a Supplementary Agreement (s)
pertaining to the matters set out in Recommendation #3, that staff report back
to Council for authority to enter into the Supplemental Agreement (s) and to
recommend that the City- Owned Lands be declared surplus to municipal purposes
and conveyed to Parks Canada pursuant to the MOA; and further,
5) That
Staff be authorized and directed to take the actions set out in this report.
Carried
(6) BOARD/COMMITTEE
RESIGNATIONS (16.24)
Moved by
Councillor Howard Shore
Seconded by
Councillor Don Hamilton
1) That the resignation of Anthony Smith
from the Varley-McKay Art Foundation of Markham be received with regret
for information purposes and that a letter of appreciation be forwarded by
Mayor Frank Scarpitti; and,
2) That the resignation of Glen Harrington
from the Public Art Advisory Committee be received with regret for
information purposes and that a letter of appreciation be forwarded by Mayor
Frank Scarpitti.
Carried
(7) CONSENT
AND MINOR VARIANCE APPEALS
68 NOBLE STREET
2080552 ONTARIO INC. (ALAWN
LAI)
B/18/13, A/157/13 &
A/158/13 (8.0)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Alan Ho
1) That
the report titled “Consent and Minor Variance Appeals, 68 Noble Street, 2080552
Ontario Inc. (Alawn Lai), B/18/13, A/157/13 & A/158/13”, be received; and,
2) That
Council direct the City Solicitor and Staff not to attend the Ontario Municipal
Board hearing respecting the consent and minor variance appeals for 68 Noble
Street (B/18/13, A/157/13 & A/158/13), provided that the Applicant requests
the OMB to impose the conditions of approval as imposed by the Committee of
Adjustment should the OMB approve the applications; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(8) ONTARIO
MUNICIPAL BOARD
APPEAL OF APPROVAL OF OFFICIAL
PLAN
AND ZONING BY-LAW AMENDMENTS
TO
PERMIT A MIXED USE
COMMERCIAL/OFFICE DEVELOPMENT
- 1 STEELCASE ROAD WEST
FILE NOS.: OPA AND ZA 12
115839 (8.0)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Carolina Moretti
1) That
the confidential report entitled “Ontario Municipal Board Appeal of
Approval of Official Plan and Zoning By-law Amendments to permit a mixed use
commercial/office development - 1 Steelcase Road West, File Nos.: OPA and ZA 12 115839” be received;
and,
2) That
Council direct and authorize the City Solicitor or her designate to attend the
OMB to indicate the City’s support of the approval of the Official Plan and
Zoning By-law Amendments subject to an amendment to the Zoning By-law Amendment
to impose restrictions regarding minimum retail unit size on the proposed
retail development and to incorporate modifications required by the Region, as
described in this report; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
the foregoing resolution.
Carried
(9) APPEAL
OF APPLICATIONS FOR
SECONDARY PLAN AMENDMENT
DRAFT PLAN OF SUBDIVISION
APPROVAL
AND ZONING BY-LAW AMENDMENT
FOREST BAY HOMES LTD. – EAST
VILLAGE
6350 STEELES AVENUE EAST
FILE NOS.: OP.98-224937, SU.98-224944 AND ZO.98-224946
(8.0)
Moved by
Councillor Logan Kanapathi
Seconded by
Councillor Alex Chiu
1) That
the report dated June 17, 2014, entitled “Appeal of Applications for Secondary
Plan Amendment, Draft Plan of Subdivision Approval and Zoning By-law Amendment,
Forest Bay Homes Ltd. – East Village, 6350 Steeles Avenue East, File Nos.: OP.98-224937, SU.98-224944 and ZO.98-224946”,
be received; and,
2) That
the record of the Public Meeting held on February 21, 2012, regarding the
applications for approval of the Secondary Plan Amendment, Draft Plan of
Subdivision and Zoning By-law Amendment (the “Applications”) be received; and,
3) That
the City supports the Official Plan Amendment, Zoning By-law Amendment and draft plan of subdivision at the OMB,
subject to the conditions set out in this report, the City’s standard
conditions of approval and the Minutes of Settlement to be entered in to, including any additional
conditions of approval; and,
4) That staff be authorized to finalize
the Official Plan Amendment Zoning By-law Amendment and Conditions of Draft
Plan of Subdivision Approval in consultation with the Applicant, with the
applicable public agencies and in accordance with this Report, to the
satisfaction of the Commissioner of Development Services; and,
5) That Council authorize the City
Solicitor or her designate to execute Minutes of Settlement with the Applicant
and any other party to the appeal, satisfactory to the City Solicitor, to
incorporate all the conditions of approval for the applications; and,
6) That
the Mayor and Clerk be authorized to enter into a No-Presale Agreement with
Forest Bay Homes Ltd (the “Applicant”) respecting Plan 19TM-98019 (Forest Bay
Homes Ltd.) which agreement shall be registered on title, committing the Owner:
(1) Not
to enter into any agreements of purchase and sale with end users for the
subject lands until such time as:
a.
The City of Markham approves a
transfer of servicing allocation to this development that is not dependent upon
the construction of infrastructure; or,
b.
i) the
Council of the City of Markham has allocated adequate available water supply
and sewage servicing capacity to the subject development;
ii) York Region has advised in writing that
it is no earlier than twelve (12) months prior to the expected completion of
the Southeast Collector Sewer, Duffin Creek Water Pollution Control Plant
(WPCP) Outfall and Duffin Creek WPCP Stage 1 and Stage 2 Upgrade; or,
c.
The Regional Commissioner of
Environmental Services confirms servicing capacity for this development by a
suitable alternative method and the City of Markham allocates the capacity to
this development; AND
(2) Not
to enter into any agreements of purchase and sale with non end users for
the subject lands unless the agreement of purchase and sale contains a
condition that requires the purchaser and any subsequent purchasers to enter
into a separate agreement with the City of Markham, which agreement shall be
registered on title, committing the Owner to the same terms as set out in item
a, b and c above; and,
7) That Council direct and authorize the
City Solicitor or designate and all necessary staff to attend the OMB to support
approval of the Applications and the settlement, subject to the conditions
described in this Report and the City’s standard conditions of approval and
minutes of settlement; and,
8) That
staff be authorized to amend the draft plan of subdivision as may be required
in the discretion of the Director of Planning and Urban Design, to implement or
integrate: any recommendations from studies submitted in support of the
Applications; the final confirmed alignment of roads; and as required by any
comments and conditions received from municipal departments and external
agencies; and,
9) That the Owner pay all outstanding
processing fees in accordance with the City’s applicable Fee By-law; and,
10) That should the OMB approve the
development, Council authorize pre 2011/2012 servicing allocation for 1.8
single detached units (6.6 population) and 2011/2012 servicing allocation for
34.8 single detached units (128.7 population)
respecting plan of subdivision 19TM-98019, from the total pre-servicing allocation in
the Armadale Planning District; and,
11) That the City reserves the right to
revoke or reallocate the servicing allocation should the development not
proceed in a timely manner; and,
12) That the Region of York be advised of the
servicing allocation for the development proposed by the Applications; and
further,
13) That
staff be authorized and directed to do all things necessary to give effect to
this Resolution.
Carried
(10) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION
OF
LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (8.6)
Moved by Councillor Colin Campbell
Seconded by Councillor Alan Ho
1) That
staff be authorized to proceed as directed by Council on June 24, 2014 regarding
a proposed or
pending acquisition or disposition of land by the municipality or local board
in Ward 5.
Carried
(11) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF
LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (8.6)
Moved by Regional Councillor
Gord Landon
Seconded by Regional
Councillor Jim Jones
1) That
staff be authorized to proceed as directed by Council on June 24, 2014 regarding
a proposed or
pending acquisition or disposition of land by the municipality or local board
in Ward 5.
Carried by a recorded vote (8:5)
(See following recorded vote)
YEAS: Councillor Don
Hamilton, Regional Councillor Joe Li, Regional Councillor Jim Jones, Deputy
Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Colin Campbell,
Councillor Alan Ho, Councillor Alex
Chiu. (8)
NAYS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Carolina Moretti, Mayor
Frank Scarpitti, Councillor Logan Kanapathi. (5)
(12) BOARD/COMMITTEE
RESIGNATIONS (16.24)
Moved by
Regional Councillor Joe Li
Seconded by
Councillor Don Hamilton
1) That the resignation of
Cindy Jones-Shrek from the Advisory Committee on Accessibility be
received with regret for information purposes and that a letter of appreciation
be forwarded by Mayor Frank Scarpitti.
Carried
(13) MINOR
VARIANCE APPEAL
ST. CECILIA INVESTMENTS
LIMITED
365 HOOD ROAD, A/188/13 (8.0)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Logan Kanapathi
1) That the report titled “Minor Variance
Appeal, St. Cecilia Investments Limited, 365 Hood Road, A/188/13”, be received;
and,
2) That Council direct the City Solicitor
and Staff with respect to the Ontario Municipal Board appeal of the Committee
of Adjustment’s decision to deny the requested minor variances with Option 1 to
support the application and direct staff to negotiate Minutes of Settlement
with the Applicant, to the of the Chief Administrative Officer, including the
following:
·
Appropriate
financial contribution in lieu of the official plan amendment and zoning
amendment application fees avoided through the minor variance process; and,
·
Applicant's
commitment to non-operable windows in the school and dormitories, if necessary
to comply with noise guidelines for the uses; and
·
Agreement to
implement, through the future site plan approval process, a contribution of
public art from the Applicant in accordance with the City's Public Art Policy;
and,
3) That the lands be classified as Class 4
lands pursuant to NPC-300 (Ministry of Environment Noise Guidelines); and
further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(14) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD AND
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE (YORK UNIVERSITY PROPOSAL) (8.0)
[Section 239 (2)
(c) (f)]
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Jim Jones
1) That the verbal update
by staff on York University Proposal be received.
Carried
14. CONFIRMATORY BY-LAW
The
Confirmatory By-law 2014-111 was enacted by Council on June 25, 2014.
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That By-law 2014-111
be given three readings and enacted.
Three Readings
BY-LAW 2014-111 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE
24, 2014.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 12:12 AM on June 25, 2014.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)