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                                                                                                    April 27, 2010

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 7

 

Alternate formats for this document are available upon request

 

ROLL CALL

Mayor F. Scarpitti, Deputy Mayor J. Heath,  Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu.

 

REGRETS

Regional Councillor J. Jones.

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

B. Librecz, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

C. Conrad, Town Solicitor

K. Kitteringham, Town Clerk

A. Brouwer, Deputy Town Clerk

R. Poon, Technology Support Specialist

D. Flaherty, Acting Director, Communications & Community Relations

R. Capocci, Chief of Staff

A. Brown, Director of Engineering

B. Wiles, Manager of Enforcement and Licensing

 

 

The Regular Meeting of Council was held on April 27, 2010 at 7:06 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        None declared.

 

 


 

2.         MINUTES

 

(1)        COUNCIL MINUTES - APRIL 13, 2010

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the Minutes of the Council Meeting held on April 13, 2010, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

There were not presentations considered by Council.

 

 

 

4.         DELEGATIONS

 

Council consented to hear Delegations (1) to (3).

 

(1)        Tupper Wheatley addressed Council regarding the proposed recommendation on Pathways, Trails, and Cycling Master Plans and provided comments respect thereto. (6.3)

            (Item 2, Report No. 21)

 

(2)        Stephen Waque, Borden Ladner Gervais LLP, addressed Council regarding the proposed recommendation on Peer Review of Oak Ridges Moraine Boundary at 2780 19th Avenue.  He spoke in support of the recommendation and provided comments with respect thereto. (10.0)

(Item No. 1, Report No. 21)

 

(3)        Ira Kagan, Kagan Shastri LLP, addressed Council regarding Ontario Municipal Board Appeals for 1771107 Ontario Limited (the Times Group) and spoke in support of the staff recommendation. (10.5 & 10.7)

(Other Business 2)

 

 

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That Delegations (1) to (3) be received.

CARRIED

 

 


 

5.         PETITIONS

 

There were no petitions considered by Council.

 

 

 

6(a)      REPORT NO. 20 - GENERAL COMMITTEE (April 19, 2010)

 

Council consented to separate Item No. 2.

 

Moved by Regional Councillor J. Virgilio

Seconded by Councillor L. Kanapathi

 

That Report No. 20 - General Committee comprised of 2 items be received and adopted.

 

 

(1)        ELECTION SIGNS REGULATIONS (14.0)

            Presentation

 

1)         That the presentation by Mr. B. Wiles, Manager of By-laws & Enforcement, entitled “Election Signs Regulations” be received; and,

 

2)         That the proposed amending by-law to the Sign By-law 2002-94 be revised as outlined below:

 

-           Revise Subsection (b) under Section 17.7 regarding Election Campaign Office to read as follows:

"(b)      Within 42 days of the applicable election date, regular Sign By-law restrictions for the placement of signs in windows of the portion of the building occupied by the candidate’s Election Campaign Office are not applicable."

 

-           Delete the following Subsection (c) under Section 17.7 in its entirety:

            "Election signs, placed pursuant to Subsection (a) or(b) of Section 17.7 shall not be erected earlier than ninety (90) days prior to the election date."; and further

 

3)         That the amending by-law to the Sign By-law 2002-94 regarding Election Sign Regulations be enacted by Council.

            (By-law 2010-57)

 

CARRIED

 


 

(2)        UNIONVILLE WASHROOMS
            & WELCOME CENTRE (5.0)

            Presentation

 

1)         That the presentation entitled “Unionville Washrooms & Welcome Centre” be received; and,

 

2)         That the staff options presented at the April 19, 2010 General Committee meeting be presented to the residents at a future community information meeting in order to obtain feedback and to decide on the best alternative; and further,

 

3)         That temporary washrooms be installed in the parking lot of the train station for the Summer 2010.

 

CARRIED BY RECORDED VOTES

(See following recorded votes)

(See following motion to reconsider)

 

            Resolution No. 2 carried by a recorded vote as follows:

 

YEAS:            Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (6)

 

NAYS:           Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor D. Hamilton, Councillor L. Kanapathi. (5)

 

ABSENT:       Regional Councillor J. Jones, Councillor E. Shapero (not present during recorded vote period) (2)

 

 

            Resolution No. 3

carried by a recorded vote as follows:

 

YEAS:            Mayor F. Scarpitti,  Regional Councillor G. Landon, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (7)

 

NAYS:           Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton. (5)

 

ABSENT:       Regional Councillor J. Jones. (1)

 

            Immediately following the adoption of by-laws, Councillor D. Hamilton requested the motion regarding Unionville Washrooms & Welcome Centre adopted earlier by Council this date be reconsidered.

(See following motion to reconsider)


 

            Moved by Regional Councillor J. Virgilio

            Seconded by Councillor D. Horchik

 

            That the motion regarding Unionville Washrooms & Welcome Centre adopted earlier by Council this date be reconsidered at this time to provide opportunity for Members of Council to vote on Resolution Nos. 2 and 3 independently.

 

CARRIED BY A 2/3 VOTE OF COUNCIL

 

 

 

6(b)      REPORT NO. 21 - DEVELOPMENT SERVICES COMMITTEE (April 13, 2010)

 

Council consented to separate Items (1) and (2).

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 21 - Development Services Committee comprised of 2 items, as amended, be received and adopted.

 

 

(1)        PEER REVIEW OF OAK RIDGES MORAINE BOUNDARY
            AT 2780 19TH AVENUE IN MARKHAM (10.0)

            Report   Attachment

 

1)         That the staff report entitled “Peer Review of the Oak Ridges Moraine Boundary at 2780 – 19th Ave in Markham”, be received; and,

 

2)         That the Survey Certificate prepared by Krcmar Surveyors Ltd dated April 1, 2010 certifying the topographic elevations prepared by Guido Papa Surveying Ltd dated November 2007 be accepted by the Town in accordance with Section 2(4) of the Oak Ridges Moraine Conservation Plan providing for the confirmation of the Oak Ridges Moraine boundary; and,

 

3)         That the Town request the Region of York to accept the Survey Certificate prepared by Krcmar Surveyors and the Topographic Survey prepared by Guido Papa Surveying Ltd dated November 2007, for interpretation purposes relative to the Oak Ridges Moraine boundary; and,

 

4)         That the Town of Markham requests the Region of York to ask that the Honourable Jim Bradley, Minister of Municipal Affairs and Housing effect a technical amendment to the Greenbelt Plan Area to permit the deletion of the subject property from the area and further request that the Honourable Brad Duguid, Minister of Energy and Infrastructure make a parallel amendment to the Growth Plan Area; and further,


 

5)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Regional Councillor G. Landon

            Seconded by Councillor C. Moretti

 

            That Item No. 1 of Report No. 21 regarding Peer Review of the Oak Ridges Moraine Boundary at 2780 - 19th Ave in Markham be amended as follows:

 

            Delete the following proposed Resolution No. 4):

 

"4)        That this report be submitted to the Ministry of Municipal Affairs and Housing for information;"

 

            and replace it with the following revised Resolution No. 4):

 

"4)        That the Town of Markham requests the Region of York to ask that the Honourable Jim Bradley, Minister of Municipal Affairs and Housing effect a technical amendment to the Greenbelt Plan Area to permit the deletion of the subject property from the area and further request that the Honourable Brad Duguid, Minister of Energy and Infrastructure make a parallel amendment to the Growth Plan Area; and further,"

CARRIED

 

 

(2)        PATHWAYS, TRAILS, AND CYCLING
            MASTER PLANS (6.3)

            Report   Attach A  Attach B

 

1)         That the Cycling, and Pathways and Trails Master Plans be received and endorsed; and,

 

2)         That during the land use, planning, transportation planning, parks planning and development approval processes the network vision and facility design guidelines outlined in the Cycling, and Pathways and Trails Master Plans be applied as appropriate; and,

 

3)         That the location and design of the eastern and western extremities of the proposed Milne Dam Conservation Area - Trails and Pathways be subject to further detailed review, in consultation with the Milne Working Group, to align the pathways from Toogood Pond to the west and the Rouge Park trails to the east (east of the Milne Dam) and the crossings of the Rouge River; and,

 


4)         That the work done to-date on the Milne Dam Conservation Area Trails and Pathways Project by the Milne Working Group will be fully considered in the 5 Year (2010-2015) Implementation Program (Note: “Milne Dam Conservation Area Trails and Pathways Project” and “Milne Park Pathway Project” as referred in this report are one and the same); and,

 

5)         That the area within the Milne Dam Conservation Area (Map 4) be circled and indicate that it is subject to further review; and,

 

6)         That the implementation of cycling, trails and pathways be subject to public consultation and detailed design as approved by Council; and,

 

7)         That staff be directed to incorporate the Cycling, Pathways and Trails Master Plans as an ‘appendix’ map to the new Town of Markham - Official Plan, with appropriate policy  references; and,

 

8)         That Council delegate authority to the Director of Engineering to update and amend the master plans network maps in consultation with the Cycling and Pedestrian Committee (CPAC) as required; and further,

 

9)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED AS AMENDED

(See following motion to amend)

 

Council consented to revise the word "…trail…" to "…trails…" after the words "…the Rouge Park…" contained in Resolution No. 3.

 

            Council also consented to add the words "…done to-date…" before the words "…on the Milne Dame Conservation Area…" in Resolution No. 4.

 

            Moved by Councillor C. Moretti

            Seconded by Regional Councillor G. Landon

 

            That the words "…Multi-Use Pathways…" referenced in Resolution Nos. 3 and 4 be deleted and replaced with the words "…Trails and Pathways…"

 

CARRIED

 

 


 

6(c)      REPORT NO. 22 - DEVELOPMENT SERVICES COMMITTEE (April 20, 2010)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 22 - Development Services Committee comprised of 3 items be received and adopted.

 

 

(1)        REQUEST FOR DEMOLITION
            361 MARKHAM MAIN STREET NORTH
            (SC 10 111 719) (16.11, 10.13)

            Report  Attachment

 

1)         That Council endorse the demolition of the single detached garage at 361 Main St. N.  within the Markham Village Heritage Conservation District; and,

 

2)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(2)        DANVEST WISMER INVESTMENTS LIMITED
            AND DOVCOM REALTY INC. PHASE 3
            EAST OF MCCOWAN ROAD AND
            SOUTH OF MAJOR MACKENZIE DRIVE
            WISMER COMMONS COMMUNITY
            – IMPLEMENTING ZONING BY-LAW AMENDMENTS
            FOR DRAFT PLAN OF SUBDIVISION 19TM-02009
            (ZA 09-123881 AND SU 02-115478-002) (10.5, 10.7)

            Report  Attachment

 

1)         That the report dated April 20, 2010 entitled “Recommendation Report, Danvest Wismer Investments Limited and Dovcom Realty Inc. Phase 3, East of McCowan Road and south of Major Mackenzie Drive, Wismer Commons Community – Implementing Zoning By-law amendments for draft plan of subdivision 19TM-02009, File Numbers ZA 09-123881 and SU 02-115478-002” be received; and,

 

2)         That the application ZA 09-123881 for amendments to Zoning By-laws 304-87 as amended and 177-96, as amended, be approved; and,

 

3)         That the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, attached to this report (Appendix ‘A’) be finalized and enacted without further notice; and,


 

4)         That conditional 2011 servicing allocation be granted to plan of subdivision 19TM-02009 Phase 3, from the total allocation for the Wismer Commons Community, assigned in accordance with the February 12, 2008 and May 19, 2009 reports on servicing allocation as follows:

 

i)          208 units (690 population) to Danvest Wismer Investments Limited and Dovcom Realty Inc. comprised of 113 single detached units, 20 semi-detached units, 75 townhouse units;

ii)         31 units (103.8 population) to Amber Plains Developments Limited comprised of 15 single detached units and 16 semi-detached units; and

iii)         40.5 units (129.61 population) to Mackenzie Builders and Developers Ltd. comprised of 17.5 single detached units and 23 townhouse units.

 

5)         That the Mayor and Clerk be authorized to enter into a No Presales Agreement, if required, with the Owner of Plan 19TM-02009 which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders for future phases of these lands until:

 

i)          York Region has advised in writing that the expected completion of the Southeast Collector Sewer will be within twelve (12) months;

ii)         The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the lands; and

 

iii)         The Trustee for the Wismer Commons Developers’ Group Cost Sharing Agreement has assigned the remaining 192.5 units of conditional servicing (water and sewer) allocation to the Owner; and further,

 

6)         That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

CARRIED

 

 

(3)        9TH LINE PROPOSED HEAVY TRUCK
            PROHIBITION & SPEED LIMIT REDUCTION (5.10)

            Report  Attach A  Attach B  Attach C 

 

1)         That the staff report entitled “9th Line Proposed Heavy Truck Prohibition & Speed Limit Reduction”, be received; and,

 

2)         That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on 9th Line, between a point 200 metres north of Rouge Bank Drive and a point 170 meters south Sanders Drive; and,


 

3)         That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on Rouge Bank Drive, in its entirety; and,

 

4)         That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on Fieldside Street, in its entirety; and,

 

5)         That Schedule 14 of Traffic By-law 106-71 be amended to prohibit heavy truck traffic on Legacy Drive, in its entirety; and,

 

6)         That Schedule “A” (40 km/h) of Speed Limit By-law 105-71, be amended by including 9th Line, between a point 200 metres north of Rouge Bank Drive and a point 170 meters south Sanders Drive; and,

 

7)         That the Operations Department be directed to install the appropriate signs at the subject locations, funded through the Operations Department account #83-5399-8402-005; and,

 

8)         That the Operations Department be directed to maintain the signs at the subject locations; and,

 

9)         That York Region Police be directed to enforce the posted speed limit and the heavy truck prohibition upon installation of the signs; and further,

 

10)       That staff be authorized and directed to do all things necessary to give effect to this resolution.

            (By-law 2010-58 and 2010-59)

 

CARRIED

 

 

 

7.         MOTIONS

 

(1)        YORK REGION RAPID TRANSIT
CORPORATION (YRRTC) (5.10)

 

Moved by Regional Councillor J. Jones

Seconded by Councillor L. Kanapathi

 

Whereas the Region of York created York Region Rapid Transit Corporation (YRRTC) to design, build and operate a rapid transit system on Highway 7 and Yonge Street; and,

 

Whereas the YRRTC caused to be carried out an Environmental Assessment (EA) for the operation of a Bus Rapid Transit (BRT) and/or a Light Rail Transit (LRT), along with stations and terminal on the Richmond Hill Centre; and,


 

Whereas as a result of “MoveOntario 2020”, the YRRTC caused to be carried out an EA on the extension of the TTC Subway from Finch Avenue to Richmond Hill Centre, and the YRRTC determined that the terminus of the subway should be in the same location on the Richmond Hill Centre as determined in the BRT/LRT Environmental Assessment; and,

 

Whereas the Environmental Assessment now underway by the Minister of Transportation of Ontario (MTO) may join the BRT/YRT and TTC subway station in the northerly area of the Richmond Hill/Langstaff Gateway Growth Center; and,

 

Whereas a study is underway for a storage location for between 14 and 26 trains on the Richmond Hill Center; and,

 

Whereas the Town of Markham and the Town of Richmond Hill have carried out independent studies to create transit dependent development which far exceeds the targets in the “Provincial Growth Plan” which may not be achievable under the present configuration and location of stations;

 

Now therefore be it resolved:

 

1)         That the Mayor of the Town of Markham work with the Mayor of the Town of Richmond Hill to engage world class transportation engineers and urban designers to provide a study and comment on the York Region Rapid Transit Corporation designs and develop solutions that assist in achieving the planned densities, connectivity, and increased ridership, and creates the most efficient, seamless and timely transit experience for riders, and ensures that the transit plan is not adding unnecessary cost to the taxpayers; and,

 

2)         That the study look at methods to bring the subway stations to the front door of the Langstaff Gateway and the Richmond Hill Centre, including a maximum access to the Highway 7 and Yonge Street Bus Rapid Transit/Light Rail Transit and the Ministry of Transportation of Ontario 407 Transitway; and,

 

3)         That the study examine the storage of subway cars and subway construction staging areas under the hydro lines which will free up more land for transit dependent development; and further,

 

4)         That if the study finds better solutions for the Langstaff Gateway and the Richmond Hill Centre, the Town of Markham and the Town of Richmond Hill request Metrolinx to examine these solutions and modify the environmental assessments to implement any of these solutions identified and agreed to by the Town of Markham and the Town of Richmond Hill.

 

REFERRED TO THE MAY 4, 2010
DEVELOPMENT SERVICES COMMITTEE

(See following motion to defer)

 


 

The notice of this motion was given at the Council meeting held on April 13, 2010.

 

            Moved by Councillor L. Kanapathi

            Seconded by Regional Councillor J. Virgilio

 

            That the motion regarding York Region Rapid Transit Corporation (YRRTC), along with  the memorandum dated April 23, 2010 from the Commissioner of Development providing information on this matter, be referred to the May 4, 2010 Development Services Committee for discussion.

CARRIED

 

 

 

8.         NOTICES OF MOTIONS

 

There were no notices of motions considered by Council.

 

 

 

9.         COMMUNICATIONS

 

Council consented to separate Communication No. 20-2010- See following:

 

Moved by Councillor D. Horchik

Seconded by Councillor L. Kanapathi

 

That Communication No. 20-2010 regarding the letters dated December 2, 2009 and February 2, 2010 from the Regional Municipality of York Police Services Board be referred to appropriate staff for a report.

CARRIED

 

 

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

 

That Council receive and consent to the disposition of communications in the following manner:


 

Referred to Appropriate Staff for a Report

20-2010           Regional Municipality of York Police Services Board:

December 2, 2009

- Forwarding Board's request to the local municipal governments within the Regional Municipality of York enact by-laws to enable the recovery of costs incurred by police in the dismantling of indoor marihuana grow operations and other chemical clandestine laboratories, and the removal and disposal of hazardous materials and other drug paraphernalia.

February 2, 2010

- Forwarding Board's request to support their view that persons who are granted a certificate to grow marihuana be in compliance with federal, provincial and local laws and regulations.  (13.4.10)

                        Letters

 

 

Referred to all Members of Council

21-2010           Markham Village BIA - Forwarding a request to temporarily close the following streets on September 12, 2010 from 8:00 a.m. to 6:00 p.m. to facilitate the Markham Auto Classic at Main Street Markham:

 

-     Main Street Markham North from Highway 7 to South of Parkway Avenue.

-     Access east from Main Street Markham North is closed to:

a) Centre Street

b) Robinson Street.

-     Access west from Main Street Markham North is closed to:

b) Dublin Street

b) Robinson Street

c) Wilson Street (3.5)

                        Info

 

 

22-2010           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for 1815723 On Inc., 5284 Highway 7 East, Unit 3 (Ownership change) (Ward 4). (3.21)

                        Info

 

 

23-2010           Development Services Commission - Forwarding an update with respect to the applications for subdivision approval and zoning by-law amendments submitted by Monarch Developments Corporation (King David Developments), Part of Lot 22, Concession 3, west of Woodbine Avenue and north of Major Mackenzie Drive. (10.7 and 10.5)

                        (By-laws 2010-62 and 2010-63)

                        Memo and By-laws

 

CARRIED

 


 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATIONS (3.4)

            Info

 

1)         That the following be proclaimed in the Town of Markham:

            - Emergency Preparedness Week (May 2 to 8, 2010)

            - Girl's Rights Week (May 3 to May 7, 2010)

- Sexual Assault Prevention Month (May 2010)

- Children's Mental Health Week (May 2 to 9, 2010); and,

 

2)         That the Communications and Community Relations Department be requested to publish the above proclamations in the local newspapers.

 

CARRIED

(See following motion)

 

            Moved by Councillor A. Chiu

            Seconded by Councillor V. Burke

 

            That Proclamation Item No. (1) be received and adopted.

CARRIED

 

 


 

11.       NEW/OTHER BUSINESSES

 

Council consented to add New/Other Businesses (2) and (3).

 

(1)        PROPOSED SALE OF 4561 HIGHWAY 7
(MONTESSORI NORTH SCHOOL) (8.6)

 

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

 

1)         That the notice of proposed sale for the Town own lands legally described as 4561 Highway 7 (Montessori North School) be confirmed.

(In-Camera Item No. 2)

 

CARRIED

(See following Motion)

            Moved by Regional Councillor J. Virgilio

            Seconded by Regional Councillor G. Landon

 

            That New/Other Businesses Item No. 1 regarding the notice of proposed sale for the Town own lands legally described as 4561 Highway 7 (Montessori North School) be adopted.

CARRIED

 

(2)        ONTARIO MUNICIPAL BOARD APPEALS
1771107 ONTARIO LIMITED (THE TIMES GROUP)
CENTRE NORTH PRECINCT PLAN
SOUTH SIDE OF HIGHWAY 7, EAST OF WARDEN AVENUE
FILE NOS. ZA 07 133350 AND SU 07 133313 (10.5 & 10.7)

Info 

 

1)         That the zoning by-law amendments attached hereto be endorsed for approval by the Ontario Municipal Board substantially in the form attached, subject to any minor amendments arising from a peer review by the Town’s peer reviewer; and,

 

2)         That the conditions of draft approval attached hereto be endorsed for approval by the Ontario Municipal Board substantially in the form attached, subject to final refinement to the satisfaction of the Commissioner of Development Services; and,

 

3)         That the Precinct Plan for both the Aryeh and Times lands dated April 2010 be endorsed, in principle, except for Section 3.30 and Figure 39 as they relate to the Aryeh lands, and that final approval be delegated to the Commissioner of Development Services; and further,


 

4)         That staff be authorized to do all things necessary to give effect to these resolutions.

 

CARRIED

(See following motion)

            Moved by Regional Councillor J. Virgilio

            Seconded by Councillor D. Hamilton

 

            That New/Other Businesses Item No. 2 regarding the Ontario Municipal Board Appeals for 1771107 Ontario Limited (The Times Group) be adopted.

CARRIED

 

 

(3)        APPROVAL OF SITE PLAN APPLICATION FOR
            61 NELSON STREET SC 10108764 (10.6)

 

            1)         That the Site Plan Application for 61 Nelson Street (SC 10108764) be approved.

 

CARRIED

(See following motion)

            Moved by Councillor J. Webster

            Seconded by Deputy Mayor J. Heath

 

            That New/Other Businesses Item No. 3 regarding the Site Plan Application for 61 Nelson Street (SC 10108764) be adopted.

CARRIED

 

 

 

12.       BY-LAWS

 

Council consented to add By-laws 2010-65 to 2010-71.

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

 

That By-laws 2010-57 to 2010-63 and By-laws 2010-65 to 2010-71 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2010-57      A by-law to amend Sign By-law 2002-94 (Election Sign Regulations).

                                    (Item No. 1, Report No. 20)

                                    By-law

 


 

BY-LAW 2010-58      A by-law to amend Traffic By-law 106-71 (9th Line Heavy Truck Prohibition).

                                    (Item No. 3, Report No. 21)

                                    By-law

 

 

BY-LAW 2010-59      A by-law to amend Speed By-law 105-71 (9th Line speed limit reduction).

                                    (Item No. 3, Report No. 21)

                                    By-law

 

 

BY-LAW 2010-60      A by-law to amend Speed By-law 105-71 (Markland Avenue speed limit - Delete 40 kilometers per hour contained in Schedule A) (Administrative amendment).

                                    By-law

 

 

BY-LAW 2010-61      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Crestcove Developments Ltd., Block 1, Plan 65M-4081, northwest of Markham Road and Denison Street).

                                    By-law

 

 

BY-LAW 2010-62      A by-law to amend Zoning By-law 304-87, as amended (Monarch Developments Corporation, Part of Lot 22, Concession 3, west of Woodbine Avenue and north of Major Mackenzie Drive - To delete subject lands from By-law 304-87, as amended, so they can be incorporated into By-law 177-96, as amended, to permit a residential and open space plan of subdivision).

                                    (Communication No. 23-2010) (Item No. 2, Report No. 15, 2010)

                                    By-law

 

 

BY-LAW 2010-63      A by-law to amend Zoning By-law 177-96, as amended (Monarch Developments Corporation, Part of Lot 22, Concession 3, west of Woodbine Avenue and north of Major Mackenzie Drive - To permit a residential and open space plan of subdivision).

                                    (Communication No. 23-2010) (Item No. 2, Report No. 15, 2010)

                                    By-law

 


 

BY-LAW 2010-65      A by-law to amend By-law 177-96, as amended (Dougson Investments - Village Nissan, Part of Lot 8, Concession 6, 25 South Unionville Avenue, north of Helen Avenue and east of Kennedy Road - To remove Holding (H) provision to permit construction of the proposed automobile dealership).

                                    By-law

 

 

BY-LAW 2010-66      A by-law to amend Zoning By-law 304-87, as amended (Cornell Rouge Development Corporation, 19TM-08002, Part of Lots 11 to 15, Concession 9, south of 16 Avenue, between Cornell Centre Boulevard and Donald Cousens Parkway - To delete subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit a residential plan of subdivision).
(Item No. 1, Report No. 19, 2010)

                                    By-law

 

 

BY-LAW 2010-67      A by-law to amend Zoning By-law 177-96, as amended (Cornell Rouge Development Corporation, 19TM-08002, Part of Lots 11 to 15, Concession 9, south of 16 Avenue, between Cornell Centre Boulevard and Donald Cousens Parkway - To permit a residential plan of subdivision).

                                    (Item No. 1, Report No. 19, 2010)

                                    By-law

 

 

BY-LAW 2010-68      A by-law to amend Zoning By-law 304-87, as amended (Amber Plain Investment Ltd., east of McCowan Road, north of 16th Avenue, Wismer Commons Community - To delete the subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to accommodate a Draft Plan of Subdivision).

                                    (Item No. 8, Report No. 48, 2009)

                                    By-law

 

 

BY-LAW 2010-69      A by-law to amend Zoning By-law 177-96, as amended (Amber Plain Investment Ltd., east of McCowan Road, north of 16th Avenue, Wismer Commons Community - To accommodate a Draft Plan of Subdivision).

                                    (Item No. 8, Report No. 48, 2009)

                                    By-law

 


 

BY-LAW 2010-70      A by-law to amend Zoning By-law 304-87, as amended (Wismer Markham Developments Inc., Part of Lots 19 and 20, Concession 7, South of Major Mackenzie Drive, east of Mingay Drive, Wismer Commons Community - To delete the subject lands from the area By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the development of the semi-detached lots).

                                    (Item No. 2, Report No. 38, 2009)

                                    By-law

 

 

BY-LAW 2010-71      A by-law to amend Zoning By-law 177-96, as amended (Wismer Markham Developments Inc., Part of Lots 19 and 20, Concession 7, South of Major Mackenzie Drive, east of Mingay Drive, Wismer Commons Community - to permit the development of the semi-detached lots).

                                    (Item No. 2, Report No. 38, 2009)

                                    By-law

 

CARRIED

 

 

 

13.       IN-CAMERA ITEMS

 

Moved by Councillor E. Shapero

Seconded by Regional Councillor G. Landon

 

That, in accordance with Section 239 of the Municipal Act, Council resolve into an in-camera session to discuss In-camera Item Nos. (1) to (4). (9:05 p.m.)

CARRIED

 

 

Moved by Regional Councillor G. Landon

Seconded Councillor C. Moretti

 

That Council rise from the in-camera session and re-convene regular session. (9:14 p.m.)

 

CARRIED

 


 

REPORT OF GENERAL COMMITTEE - April 19, 2010

 

(1)        INTERNAL ROAD NORTH OF SIXTEENTH AVENUE:
RED BANNER DEVELOPMENTS LIMITED (8.6)

 

1)         That the confidential report entitled “Internal Road North of Sixteenth Avenue: Red Banner Developments Limited” be received; and,

 

2)         That staff be directed to do all things necessary to give effect to this report.

 

CARRIED

(See following motion)

 

Moved by Councillor J. Webster

Seconded by Councillor A. Chiu

 

That In-camera Item No. 1 regarding Internal Road North of Sixteenth Avenue: Red Banner Developments Limited be received and adopted.

CARRIED

 

 

(2)        PROPOSED SALE OF 4561 HIGHWAY 7
(MONTESSORI NORTH SCHOOL) (8.6)

 

1)         That the confidential report entitled “Proposed Sale of 4561 Highway 7 (Montessori North School) be received; and,

 

2)         That 4561 Highway 7 (Montessori North School) be declared surplus; and further,

 

3)         That staff be directed to do all things necessary to give effect to this report.

 

CARRIED

(See following motion)

 

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Hamilton

 

That In-camera Item No. 2 regarding the proposed sale of 4561 Highway 7 (Montessori North School) be received and adopted.

CARRIED

 


 

REPORT OF GENERAL COMMITTEE - April 26, 2010

 

(3)        ONTARIO MUNICIPAL BOARD HEARINGS
1771107 ONTARIO LIMITED (TIMES) AND
ARYEH CONSTRUCTION LIMITED (8.0 & 10.0)

 

1)         That the confidential report entitled “Ontario Municipal Board Hearings 1771107 Ontario Limited (Times) and Aryeh Construction Limited” be received; and,

 

2)         That staff be directed to do all things necessary, including the execution of documents, to give effect to the recommendations of this report and its attachments.

 

CARRIED

(See following motion)

 

Moved by Councillor C. Moretti

Seconded by Councillor A. Chiu

 

That In-camera Item No. 3 regarding the Ontario Municipal Board Hearings for 1771107 Ontario Limited (Times) and Aryeh Construction Limited be received and adopted.

CARRIED

 

 

 

(4)        PROPERTY MATTER (8.5)

 

1)         That the confidential report dated April 14, 2010 from the Manager of Real Property regarding a property matter be received; and,

 

2)         That staff be directed to do everything necessary to give effect to this report.

 

CARRIED BY A RECORDED VOTE (10:2)

(See following recorded vote)

 

YEAS:            Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (10)

 

NAYS:           Councillor V. Burke, Councillor E. Shapero. (2)

 

ABSENT:       Regional Councillor J. Jones. (1)

 

 


 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

 

That By-law 2010-64 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2010-64      A by-law to confirm the proceedings of the Council meeting of April 27, 2010.
(Council Meeting No. 7)

                                    By-law

CARRIED

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Hamilton

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 9:18 p. m.

 

 

 

 

 

 

______________________________                                    ___________________________

KIMBERLEY KITTERINGHAM                                           FRANK SCARPITTI

TOWN CLERK                                                                      MAYOR

 

 

(Signed)

 

 

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