COUNCIL MINUTES
September
12, 2012, 7:00 p.m.
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, Councillor Valerie Burke, Councillor Howard Shore,
Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
Regrets
Regional
Councillor Joe Li
STAFF
Andy Taylor, Chief
Administrative Officer
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Catherine Conrad, City
Solicitor
Martha Pettit, Acting City
Clerk
Rino Mostacci, Director of Planning and Urban Design
Alida Tari, Council and
Committee Coordinator
Stephen Huycke, Acting
Deputy Clerk
Joel Lustig, Treasurer
Dennis
Flaherty, Director, Communications & Community Relations
John Wong, Technology
Support Specialist
Brian Lee, Senior Manager,
Development Engineering and Transportation
The regular
meeting of Council convened at 7:04 p.m. on September 12, 2012 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – JUNE 26 AND 27, 2012
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
1) That the Minutes of the
Council Meeting held on June 26 and 27, 2012, be adopted.
CARRIED
3. PRESENTATIONS
(1) DOORS
OPEN MARKHAM 2012 LAUNCH (12.2.6)
Mayor Frank
Scarpitti announced the Doors Open Markham 2012 launch.
Doors Open Markham has been a City-wide event
since 2003. The event is supported by City
of Markham Council, community partners and local businesses. The event draws visitors from various
communities and it is a great opportunity to see some of the City of Markham’s
cultural heritage landmarks that contribute to its unique character.
(2) BRONZE
BICYCLE FRIENDLY COMMUNITY AWARD (12.2.6)
Council
announced the City of Markham received the Bronze Bicycle Friendly Community
Award presented by Share the Road Cycling Coalition. The Coalition is an Ontario-based non-profit
organization that promotes bicycling as a mode of transportation, recreation
and fitness.
The award
recognizes Markham's efforts for achieving the categories referred to as the Five
"Es": Engineering, Education,
Encouragement, Enforcement, and Evaluation & Planning.
Council
thanked members of the Markham's Cycling and Pedestrian Advisory Committee and
staff for their outstanding work.
(See following to
consider the matter)
Moved by Councillor Don Hamilton
Seconded by Councillor Colin Campbell
That Council hear the matter regarding the Bronze Bicycle Friendly
Community Award.
CARRIED
(2/3 Vote was
requested & obtained)
4. DELEGATIONS
Council
consented to hear Delegation Items 1 and 2.
(1) DELEGATION
- TONY MURPHY REGARDING
NATIONAL SENIORS DAY
PROCLAMATION (3.4)
Tony Murphy
thanked Council for proclaiming October 1, 2012 as the "National Seniors
Day" in the City of Markham.
Council consented to
consider the item regarding the proclamation of National Seniors Day
immediately following Presentation Item 2 regarding the Bronze Bicycle Friendly
Community Award.
(See Proclamation Item No. 3 for Council's
decision on this matter)
(2) DELEGATIONS
- SIDEWALK ON PAGNELLO COURT (5.18)
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Jim Jones
1) That
the following delegations regarding the sidewalk on Pagnello Court be received:
1. David Stewart, TACC
Development - In support of the installation of a sidewalk on the east side of
Pagnello Court.
2. Saqib Qureshi – In support of
the installation of a sidewalk on the east side of Pagnello Court.
3. Amy Sarju – In support of the
installation of a sidewalk on the east side of Pagnello Court and provided a
petition regarding the same. (See Petition Item No. 1)
4. Stacy-Ann Samuels – In
support of the installation of a sidewalk on the east side of Pagnello Court.
5. Selman Nagri - Enquiring
about the location of sidewalk on Pagnello Court relating to the park nearby.
CARRIED
Council consented to consider the item regarding the sidewalk on
Pagnello Court immediately following the consideration of the proclamation of
National Seniors Day.
(See Item No. 11, Report 43 for Council's
decision on this matter).
(See Petition Item No. 1)
5. PETITIONS
(1) PETITION
REGARDING THE SIDEWALK ON PAGNELLO COURT (5.18)
Petition
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Jim Jones
1) That
the petition signed by approximately 20 residents of Pagnello Court forwarding
their objection to the installation of a sidewalk on the west side of Pagnello
Court be received.
CARRIED
(See
Item No. 11, Report 44 for Council's decision on this matter)
(Also
See Delegation Item No. 2)
6(a) REPORT NO. 43 - GENERAL COMMITTEE
(September 10, 2012)
Council
consented to separate Item No. 3 regarding Markham Cemetery By-law.
(See following
Item No. 3)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Valerie Burke
That Report
No. 43 – General Committee comprised of 8 items be received and adopted
(1) SPENDING MARKHAM
COUNCIL GRANTS (2009-2011)
AND GRANT REQUEST (2012) BY ROUGE PARK ALLIANCE (7.6)
Report Appendix
1 Appendix
2 Appendix
3 Appendix
4
1) That
the staff report entitled “Report on Spending of Markham Council Grants
(2009-2011) and Grant request (2012) by Rouge Park Alliance”, dated September
10, 2012, be received; and,
2) That
a total grant of $75,000 be issued to Rouge Park Alliance (Alliance), from
Acct# 25-2100024 Rouge Watershed Grant, as follows:
·
$50,000 for the 2009/2010 Trails Master Plan, as approved
·
$25,000 for the Little Rouge Corridor Woodland Restoration and
Diversification project, conditional upon approval of project invoices; and,
3) That
the grant request by the Rouge Park Alliance for the 2012 Rouge Park Grant
contribution of $25,000 for the next phase of the restoration project in the
Little Rouge Corridor, as described in this report, be approved and that a
cheque be issued upon submission of the summary report and invoices for the
completed project, to the satisfaction of the Commissioner of the Community and
Fire Services; and,
4) That
the Rouge Park annual grant allocation provided in support of the Rouge Park
Alliance cease after 2012, given the formal dissolution of the Rouge Park
Alliance and funding commitments made by Parks Canada; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) MINUTES
OF THE MAY 16 & JUNE 20 & JULY 18,
2012 ANIMAL CARE COMMITTEE
(16.0)
May June July
1) That
the Minutes of the May
16 & June 20 & July 18, 2012 Animal Care Committee
be received for information purposes; and,
2) That
the following recommendation from the July 18, 2012 Animal Care Committee
meeting be endorsed:
“That the Animal Care
Committee request that Council direct Staff to prepare a report on banning the
sale of cats and dogs at pets stores in Markham; and,
That the report include
information on the implications of banning the sale of small animals and birds
at pet stores in Markham”.
CARRIED
(3) FUNERAL, BURIAL &
CREMATION SERVICES
ACT, 2002 - MARKHAM CEMETERY BY-LAW UPDATE (9.3)
Report Attachment
A Attachment
B Attachment
C Memo
1) That
the report entitled “Funeral, Burial &
Cremation Services Act, 2002 - Markham
Cemetery By-law Update” be received; and,
2) That
the staff memorandum dated September 10, 2012 outlining a full list of
cemeteries in the City of Markham, provided to Council on September 12, 2012,
be received; and,
3) That
Attachment ‘A’ – Cemeteries By-Law be enacted to provide for the effective
governance of Markham municipal cemeteries; and,
4) That
upon enactment of the by-law by Council, staff be directed to provide notice to
the public of the passing of the By-law in accordance with the provisions of
Section 151 (3) of Ontario Regulation 30/11; and,
5) That
upon enactment of the By-law by Council, staff be directed to submit the by-law
to the Registrar, Cemetery Regulations Unit, Ministry of Consumer Affairs, for
approval in accordance with Section 151 of Ontario Regulation 30/11; and,
6) That
the Price List for Markham Cemeteries, Attachment ‘B’, be adjusted to increase
the Transfer fee from $75.00 to $100.00; and,
7) That
staff be authorized to review the Price List for Markham Cemeteries in 2013,
and every second year thereafter, and adjust the fees, including interment
rights fees, based on market comparables, as required.; and further,
8) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(Communication No. 62-2012) (By-law 2012-178)
CARRIED
Council consented to receive the staff memorandum dated September 10,
2012 outlining a full list of cemeteries in the City of Markham, as noted
in Resolution No. 2.
(4) MISTA – PROJECT SCOPE (3.0)
Memo
1) That the memo from
Brenda Librecz, Commissioner of Community and Fire Services dated August 16,
2012 be received; and,
2) That staff be authorized to undertake a
preferred supplier contract with Sasaki Associates to a maximum of $ 73,000 to
be sourced from the Markham Live budget; and further,
3) That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(5) APPOINTMENT OF MEMBERS
TO THE MAYOR’S
YOUTH TASK FORCE FOR THE PERIOD OF SEPTEMBER 1, 2012
TO JUNE 30, 2013 (5.0)
Report
1) That
the Report Appointment of Members to the Mayor’s Youth Task Force for the
period of September 1, 2012 to June 30, 2013 be received and,
2) That
the following Appointments of Members to the Mayor’s Youth Task Force be
confirmed for the term September 1, 2012 to June 30, 2013:
Name
|
District
|
School
|
Grade
|
Carmen Chen, Co - Chair
|
Unionville
|
Unionville H.S.
|
12
|
Kevin Jen, Co-Chair
|
Thornhill
|
St. Roberts
|
12
|
Joeffre Braga
|
Markham
|
St. Brother Andre
|
10
|
Kush Thaker
|
Milliken
|
Bill Crothers
|
12
|
Christofer Ristovski
|
Unionville
|
Bill Crothers
|
12
|
River Wong
|
Thornhill
|
Thornhill S.S.
|
12
|
Annie Sun
|
Markham
|
Pierre Elliott Trudeau
|
11
|
Janice Chu
|
Unionville
|
Unionville H.S.
|
12
|
Rocky Chen
|
Markham
|
Markham District H.S.
|
12
|
Tiffany Chan
|
Unionville
|
Unionville H.S.
|
11
|
Justin Jen
|
Unionville
|
St. Justin Martyr CES
|
7
|
Anjali Sharma
|
Unionville
|
Town Centre Montessori
|
8
|
Loreta Chan
|
Markham
|
Markville Secondary School
|
9
|
Manav Kainth
|
Milliken
|
Father Michael McGivney
|
10
|
Yu Xin Shi
|
Milliken
|
Milliken Mills H.S.
|
10
|
Henry He
|
Markham
|
Marc Garneau CI
|
10
|
Nirushi Mohan
|
Milliken
|
Markham District H.S.
|
10
|
Bethany Chrystoja
|
Unionville
|
Unionville H.S.
|
11
|
Amanda Whyte
|
Unionville
|
Unionville H.S.
|
11
|
Steeve Vakeeswaran
|
Milliken
|
Unionville H.S.
|
12
|
Ronaz Remtulla
|
Milliken
|
Unionville H.S.
|
11
|
; and,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) JOHN STREET OPERATIONS
FACILITY – SITE
MODIFICATIONS (3.0)
Report
1) That
the report entitled "John Street Operations Facility - Site
Modifications" be received; and,
2) That
the estimated cost of $147,600 for site modifications be pre-approved as part
of the 2013 Operating Lifecycle funded Capital Budget; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(7) BOARD/COMMITTEE
RESIGNATIONS (16.0)
1) That the resignation of Beverly Kelly
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 David Jones
from the Markham Public Library Board be received with regret for
information purposes and that a letter of appreciation be forwarded by Mayor
Frank Scarpitti; and
3) That the resignation of Catherine Mount
from the Doors Open Markham be received with regret for
information purposes and that a letter of appreciation be forwarded by Mayor
Frank Scarpitti; and,
4) That the resignation of Robert Baird
from the Cornell Advisory Group be received with regret for
information purposes and that a letter of appreciation be forwarded by Mayor
Frank Scarpitti; and,
5) That the resignation of Mario Tiano
from the Unionville Business Improvement Area be received with regret
for information purposes and that a letter of appreciation be forwarded by
Mayor Frank Scarpitti; and,
6) That the resignation of Eddie Mariani
from the Unionville Business Improvement Area be received with regret
for information purposes and that a letter of appreciation be forwarded by
Mayor Frank Scarpitti; and,
7) That the resignation of Joan Stockwell
from the Achievement & Civic Recognition Award Committee be
received with regret for information purposes and that a letter of appreciation
be forwarded by Mayor Frank Scarpitti; and,
8) That the resignation of Rufaro-Maria
Shambare from the Theatre Advisory Board be received with regret for
information purposes and that a letter of appreciation be forwarded by Mayor
Frank Scarpitti; and further,
9) That the resignation of Mayavan Ananthanadarajah from the RBC
Milliken Mills Children’s Festival be
received with regret for information purposes and that a letter of appreciation
be forwarded by Mayor Frank Scarpitti; and further
10) That the resignation of Councillor Alex
Chiu from the Canada Day Committee be received with regret for
information purposes.
CARRIED
(8) BOARD/COMMITTEE
APPOINTMENTS (16.0)
1) That the following person be appointed
to the Theatre Advisory Board:
Name
|
Term
|
Stephen Timms
|
November 30, 2014
|
;
and,
2) That
the following persons be appointed to the Doors Open Markham Committee:
Name
|
Term
|
Ola Oduneye
|
November 30, 2014
|
Anita Chadha
|
November 30, 2014
|
;
and further,
3) That
the following person be appointed to the German Mills Community Centre Board:
Name
|
Term
|
Anastasia Tsouroupakis
|
November 30, 2013
|
CARRIED
6(b) REPORT NO. 44 - DEVELOPMENT SERVICES
COMMITTEE
(September 11, 2012)
Council
consented to separate the following Items:
Item No. 1 Highway
404 Mid-block Crossing Study.
Item No. 2 Miller
Avenue Extension Class EA Study.
Item No. 11 Sidewalk
on Pagnello Court.
(See following
Item Nos. 1, 2 and 11)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 44 – Development Services Committee comprised of 12 items be received and
adopted.
(1) HIGHWAY 404 MID-BLOCK
CROSSING STUDY
MARKHAM AND RICHMOND HILL
(5.10)
Presentation
1) That
the correspondence dated September 10, 2012 from Nick Pileggi, of Malone
Given Parsons Ltd., with comments regarding a potential second
mid-block crossing, be received and referred to the Working Group; and,
2) That
the presentation provided by Mr. Stephen Collins, Manager of Engineering,
Transportation Services, Region of York entitled " Highway 404 Mid-Block
Crossing Study Markham and Richmond Hill" be received; and,
3) That
Council endorse the findings of the study and regional staff recommendations;
and,
4) That
Markham staff be directed to participate in a Working Group to develop an
implementation plan; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) MILLER AVENUE EXTENSION
CLASS EA STUDY UPDATE (5.7)
Presentation
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That
the presentation provided by Mr. Alan Brown, Director of Engineering and Mr.
Kevin Phillips, URS Canada Inc. entitled "Miller Avenue Extension Class EA
Study Update" be received; and,
2) That
Markham proceed to complete the Environmental Assessment study and obtain the
Ministry of the Environment approval for the Section of the Miller Avenue
extension between Warden Avenue and Kennedy Road, and Warden Avenue to Rodick
Road; and,
3) That
staff proceed with a second Public Meeting, anticipated in October, 2012, to
present the preferred Miller Avenue extension between Woodbine Avenue and
Kennedy Road; and,
4) That
the City request Hydro One to finalize their agreement with Miller Development
and permit the construction of the future stormpond east of Rodick Road; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A RECORDED VOTE (10:2)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Councillor Howard Shore, Councillor Don
Hamilton, Councillor Carolina Moretti, Councillor Colin Campbell, Councillor Alan
Ho, Councillor Alex Chiu. (10)
NAYS: Councillor
Valerie Burke, Councillor Logan Kanapathi. (2)
ABSENT: Regional
Councillor Joe Li. (1)
Council consented to the following regarding
Miller Avenue Extension Class EA Study:
- Resolution No. 2): Replace the word "Woodbine" with
the word "Warden".
- Resolution No. 4): Replace the word "authorize" with
the word "request".
(3) HERITAGE COMMUNITY RECOGNITION
AWARD NOMINATIONS
ONTARIO HERITAGE TRUST (16.11)
Report
1) That
the staff report entitled “Heritage Community Recognition Award Nominations,
Ontario Heritage Trust”, dated September 11, 2012, be received; and,
2) That
Council nominate the following individuals for the Ontario Heritage Trust’s
Heritage Community Recognition Program:
a. Barry Nelson, Built Heritage
b. Wing Morse, Natural Heritage
3) That
this resolution be referred to the Council meeting on September 12, 2012 to
address the nomination deadline; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) REQUEST FOR DEMOLITION – GARAGE
33 JOSEPH STREET, MARKHAM
(FILE DP 12-123978) (10.13,
16.11)
Report
1) That
the staff report entitled “Request for Demolition – Garage, 33 Joseph Street
Markham”, dated September 11, 2012, be received; and,
2) That
Council endorse the demolition of the garage at 33 Joseph Street located within
the Markham Village Heritage Conservation District; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) 1826997 ONTARIO INC. (TIMES GROUP INC.)
3989 HIGHWAY 7 (SOUTH SIDE,
WEST OF BIRCHMOUNT ROAD)
APPLICATION FOR SITE PLAN
APPROVAL FOR A HIGH DENSITY
RESIDENTIAL DEVELOPMENT FILE
NO. SC 12 108133 (10.6)
Report
1) That
the staff report dated September 11, 2012 titled “1826997 Ontario Inc. (Times
Group Inc.), 3989 Highway 7 (south side, west of Birchmount Road), Application
for site plan approval for a high density residential development,” be
received; and,
2) That
the application be endorsed, in principle; and,
3) That
site plan approval be delegated to the Director of Planning and Urban Design,
or his designate, to be issued (Site Plan Approval is issued only when the
Director or his designate has signed the signed the site plan “approved”) when
the following conditions have been met:
·
Phase 2 of plan of
subdivision 19TM-070003 has been registered.
·
The Owner has entered into a site plan agreement with the City and the
Region of York containing all standard and special provisions and requirements
of the City and public agencies and the provisions outlined in Appendix ‘A’ to
the September 11, 2012 staff report.
·
The trustee for the
Markham Centre Landowners Group has advised the City in writing that the
required servicing allocation for the proposed development or any proposed
phase thereof, is available and has been assigned to 1826997 Ontario Inc.
(Times Group Inc.).
·
The trustee for the
Markham Centre Landowners Group has advised the City in writing that the Owner
is in good standing with the group; and,
4) That
prior to the Director of Planning and Urban Design endorsing the site plan, the
applicant shall submit final confirmation of the 40% (201 units) servicing
allocation credits from the Region of York under their “Sustainable Development
Through LEED policy.”; and,
5) That
conditional 2015 servicing allocation for 302 units be granted from the
Regional allocation to Markham, subject to written confirmation from the
Trustee of the Markham Centre Landowners Group; and,
6) That
the City reserves the right to revoke or reallocate servicing allocation should
the development not proceed in a timely manner; and,
7) That
the Owner provide the City with the required payment of 60% planning processing
fees in accordance with the City’s applicable Fee By-law; and further,
8) That
site plan endorsement shall lapse after a period of three (3) years from the
date of endorsement in the event that the site plan agreement is not executed
within that period.
CARRIED
(6) APPLICATION BY
2220922 ONTARIO INC.
FOR THE ENACTMENT OF A
DEEMING BY-LAW
95 KONRAD CRESCENT
(FILE NO: DY 12 113009)
(10.0)
Report
1) That
Council enact the By-law attached as Appendix “A” to deem Lots 84 and 85,
Registered Plan 65M-2481, not to be part of a registered plan of
subdivision; and,
2) That
staff be authorized and directed to do all things necessary to give effect to this
resolution.
(By-law 2012-179)
CARRIED
(7) APPLICATION BY 2292322 ONTARIO
INC.
AND 2292324 FOR THE ENACTMENT OF
A DEEMING BY-LAW
255 SHIELDS COURT
(FILE NO: DY 12 112796)
(10.0)
Report
1) That
Council enact the By-law attached as Appendix “A” to deem Lots 55 and 56,
Registered Plan 65M-2481, not to be part of a registered plan of
subdivision; and,
2) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-180)
CARRIED
(8) 211 LANGSTAFF ROAD
APPLICATIONS
BY THE CATHOLIC CEMETERIES
ARCHDIOCESE OF TORONTO FOR A
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPROVAL TO PERMIT
A 4,562 M2
(49,107 FT2) FUNERAL HOME (10.5, 10.6)
Report
1) That
the report dated September 11, 2012, entitled “RECOMMENDATION REPORT
– 211 Langstaff Road, Applications by the
Catholic Cemeteries Archdiocese of Toronto for a Zoning By-law
Amendment and Site Plan Approval to permit a 4,562
m2 (49,107 ft2) funeral home” be received; and,
2) That
the record of the public meeting held on June 19, 2012, relating to the
applications for a Zoning By-law Amendment and Site Plan by the Catholic
Cemeteries Archdiocese of Toronto, be received; and,
3) That
Site Plan Approval for a 4,562 m2 (49,107 ft2) funeral
home be delegated to Staff for endorsement subject to conditions of site plan
endorsement as identified in Appendix ‘A’ to this report; and,
4) That
the draft amendment to Zoning By-law 2150 as amended, attached to this report
as Appendix ‘B’ be finalized and enacted;
and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2012-181)
CARRIED
(9) RECOMMENDATION REPORT
ANAGNI HOMES (PHASE 2)
SITE PLAN APPLICATION TO
FACILITATE AN
18-STOREY MIXED USE BUILDING
ON THE WEST SIDE
OF HIGHWAY 48, NORTH OF
EDWARD JEFFREYS AVENUE (9506
HIGHWAY 48)
File No: SC 11 118781 (10.6)
Report
1) That
the deputation by Rose Mittelholzer, representing Markham Residents for
Responsible Community Planning (MRRCP), with concerns regarding the site plan
application by Anagni Homes, be received; and,
2) That
the report dated September 11, 2012 and titled “RECOMMENDATION REPORT, Anagni
Homes (Phase 2), Site Plan application to facilitate an 18-storey mixed use
building on the west side of Highway 48, north of Edward Jeffreys Avenue (9506
Highway 48), File No. SC 11 118781”, be received; and,
3) That
the Site Plan application (File No. SC 11 118781) submitted by Anagni Homes, to
facilitate an 18-storey building with 219 residential apartment units and
non-residential uses at grade, being Phase 2 of a high density mixed use
development, be endorsed in principle, subject to the conditions attached as
Appendix ‘A’; and,
4) That
Site Plan Approval be delegated to the Director of Planning and Urban Design or
his designate, to be issued following execution of a site plan agreement. Site Plan Approval is issued only when the
Director or his designate has signed the plan; and,
5) That
219 units of 2013 servicing allocation be granted (less the 35% LEED Silver
Bonus) to the proposed Phase 2 development; and,
6) That
prior to the Director of Planning and Urban Design endorsing the site plan, the
applicant shall submit to the City, final confirmation of the 35% (77 units)
servicing allocation credits from the Region of York under their “Sustainable
Development Through LEED” policy; and,
7) That the City reserves
the right to revoke or reallocate servicing allocation should the development
not proceed in a timely manner; and,
8) That the Owner provide
the City with the required payment of 60% planning processing fees in
accordance with the Town’s applicable Fee By-law; and,
9) That 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 has not been executed within
that period; and further
10) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
CARRIED
(10) RECOMMENDATION REPORT
1839314 ONTARIO LIMITED
9560 HIGHWAY 48
REZONING AND SITE PLAN
APPLICATIONS TO
PERMIT A MIXED USE HIGH
DENSITY BUILDING.
FILE NOS: ZA 11 108999 &
SC 12 114501 (10.5 and 10.6)
Report
1) That
the report dated September 11, 2012 and titled “RECOMMENDATION REPORT, 1839314
Ontario Limited, 9560 Highway 48, Rezoning and site plan applications to permit
a mixed use high density building, File Nos: ZA 11 108999 & SC 12 114501”,
be received; and,
2) That
the record of the Public Meeting held on June 21st, 2011, regarding
the applications for approval of the implementing Zoning By-law be received;
and,
3) That
the application submitted by 1839314 Ontario Limited to amend Zoning By-law
304-87 and 177-96, as amended, to permit a mixed use high density building be
approved and the draft by-laws attached as Appendix ‘B’ be finalized and
enacted; and,
4) That
the zoning by-law shall include provisions requiring the Owner to enter into a
Section 37 Agreement with the City prior to removal of the Hold provisions;
and,
5) That
the Mayor and Clerk be authorized to enter into a Section 37 Agreement with the
property owner; and,
6) That the Site Plan
Application (SC 12 114501) submitted by 1839314 Ontario Limited, to facilitate
an 18-storey building with 220 apartment units and 2 guest suites and
non-residential uses at grade, be endorsed in principle, subject to the
conditions attached as Appendix ‘A’; and,
7) That Site Plan Approval
be delegated to the Director of Planning and Urban Design
or his designate, to be issued following execution of a site plan
agreement. Site Plan Approval is issued
only when the Director or his designate has signed the plan; and,
8) That
conditional 2015 servicing allocation for 222 units (220 residential units and
2 guest suites) be granted, subject to written confirmation from the Trustee
of the Wismer Commons Developers Group
that servicing allocation is available from the 2015 sewer and water allocation
previously assigned to Wismer Commons; and,
9) That
prior to the Director of Planning and Urban Design endorsing the site plan, the
applicant shall submit to the City final confirmation of the 35% (78 units)
servicing allocation credits from the Region of York under their “Sustainable
Development Through LEED” policy; and,
10) That
the City reserves the right to revoke or reallocate servicing allocation should
the development not proceed in a timely manner; and,
11) That
the Owner provide the City with the required payment of 60% planning processing
fees in accordance with the Town’s applicable Fee By-law; and,
12) That
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 further,
13) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2012-182 and 2012-183)
CARRIED
(11) PETITION FOR THE DELETION OF A
SIDEWALK ON PAGNELLO COURT
WARD 7 (BOX GROVE) (5.18)
Report
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Jim Jones
1) That
the deputations by Amy Sarju, Stacey-Ann Samuels, and David Stewart of TACC
Developments Inc., regarding the sidewalk on Pagnello Court, to the Development
Services Committee meeting held on September 11, 2012, be received; and
2) That
the September 11, 2012 report entitled “Petition for the Deletion of a Sidewalk
on Pagnello Court, Ward 7” be received; and,
3) That
the installation of a sidewalk on the east side of Pagnello Court be approved;
and,
4) That
the homeowners of Pagnello Court be informed of Council’s decision; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A RECORDED VOTE (11:1)
(See following recorded vote)
(See following regarding delegations and petition to
Council this date)
(See following to consider the matter)
Recorded vote:
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Councillor Valerie Burke, Councillor Howard Shore,
Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Logan Kanapathi, Councillor Alex Chiu. (11)
NAYS: Councillor
Alan Ho. (1)
ABSENT: Regional
Councillor Joe Li. (1)
Moved by Councillor Colin Campbell
Seconded by Councillor Logan Kanapathi
CARRIED
(2/3 Vote was
requested & obtained)
(12) INDIA INVESTMENT ATTRACTION
MISSION, JANUARY 2013 (10.16)
Report
1) That
the report entitled “India Investment Attraction Mission, January 2013” be
received; and,
2) That Markham partner with the
Indo-Canada Chamber of Commerce (ICCC) to develop, promote and execute a
business mission and that the ICCC help to recruit mission delegates; and,
3) That the City be represented by a five
person delegation composed of Mayor Frank Scarpitti, Councillor Carolina
Moretti, Chair of the Economic Development Committee, Councillor Logan
Kanapathi, and two Economic Development professional staff, S. Chait (Director)
and C. Kakaflikas (Manager Special Projects); and,
4) That the total cost of the “India
Investment Attraction Mission 2013” not exceed $57,500 and be expensed from
within Economic Development’s operating budget (Acc.# 610998 5811-
International Investment Attraction Program); and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(c) REPORT NO. 45 - DEVELOPMENT SERVICES
PUBLIC MEETING
(September 11, 2012)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) CORNELL ROUGE DEVELOPMENT CORPORATION
ZONING AMENDMENT APPLICATION
TO REZONE
CERTAIN LANDS WITHIN DRAFT
PLAN OF SUBDIVISION
19TM-08002 NORTH OF HIGHWAY 7
WEST OF DONALD COUSENS PARKWAY
(ZA.12-110334) (10.5)
Memo
1) That
correspondence from Joseph DF Lee, with comments regarding the proposed Zoning
By-law Amendment by Cornell Rouge Development Corporation be received; and,
2) That
the report dated September 11, 2012, entitled “Information Report, Cornell
Rouge Development Corporation, Zoning By-law Amendment application to rezone
certain lands within draft plan of subdivision 19TM-08002, North of Highway 7,
west of Donald Cousens Parkway, File No:
ZA.12-110334.” be received; and,
3) That
the Record of the Public Meeting held on September 11, 2012, with respect to
the proposed amendment to the Zoning By-law, be received; and,
4) That the application by Cornell Rouge
Development Corporation to amend the City’s By-law 177-96, as amended, be
approved; and further,
5) That the proposed amendment to the
City’s Zoning By-law 177-96, as amended, be enacted without further notice.
CARRIED
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
56-2012 ROAD CLOSURE
REQUEST – KIDS SPORTS DAY IN MARKHAM (3.5)
Info
The following roads will be closed on September 29, 2012 from 6:00 am
to 6:00 pm to facilitate the event:
- Main Street Unionville south and south of Enterprise Boulevard.
CARRIED
57-2012 ROAD CLOSURE
REQUEST – SPOOKY SUNDAY IN UNIONVILLE (3.5)
Info
The following roads will be closed on October 28, 2012 from 11:00 am to
5:00 pm to facilitate the event:
-
Main Street north from Concession Road to south of Carlton Road
-
Main Street Unionville east onto Carlton Road
-
Main Street Unionville west onto Fred Varley Drive & Carlton Road.
CARRIED
58-2012 ROAD CLOSURE
REQUEST – MARKHAM FAIR (3.5)
Info
Elgin Mills Road between Highway 48 and McCowan Road will be closed
during the date and time noted below to facilitate the event:
- September 27 to 29 (9:00 am to 10:00 pm)
- September 30 (9:00 am to 6:00 pm).
CARRIED
59-2012 ROAD CLOSURE
REQUEST – ANGUS GLEN HALF MARATHON (3.5)
Info
The following roads will be closed on November 4, 2012 from 5:00 am to
1:00 pm to facilitate the event:
- Kennendy Rd
from Bur Oak Ave to 19th Ave
- Major Mackenzie
Dr from Angus Glen Community Centre to William Berczy Blvd
- Prospectors
Dr from Major Mackenzie Dr to Angus Glen Blvd
- The Fairways
– all
- Royal Troon
Cres – all
- Angus Glen
Blvd – all
- Port Rush
Trail – all
- Angus Meadow
Dr from Port Rush Trail to Angus Glen Blvd
- Elgin Mills
Rd from Warden Ave to McCowan Rd
- McCowan Rd
from Elgin Mills Rd to 19th Ave
- 19th
Ave from McCowan Rd to Warden Ave
- Warden Ave
from 19th Ave to Elgin Mills Rd.
CARRIED
60-2012 ROAD CLOSURE
REQUEST – MARKHAM LONGEST DANCING DRAGON (3.5)
Info
The following roads will be closed on September 29, 2012 from 12:00
noon to 9:00 pm to facilitate the event:
-
Town Centre Blvd & north of Cox Blvd
-
Wallis Way & Town Centre Blvd
-
Apple Creek Blvd & Town Centre Blvd
-
Apple Creek Blvd & east of Whitehall Drive
- Apple Creek Blvd to west
of the Unionville High School driveway
CARRIED
61-2012 LIQUOR LICENCE
APPLICATION FOR RAKU RAMEN IZAKAYA, 8360 KENNEDY ROAD, UNITS 87-90 (WARD 3)
(3.21)
Info
-
Forwarding a request for the City of Markham to complete the Municipal
Information Form (Change of ownership and new application for indoor areas).
CARRIED
Received
62-2012 MEMORANDUM
PROVIDING A FULL LIST OF CEMETERIES IN THE CITY OF MARKHAM (9.3)
Memo
(Communication No. 62-2012 was received by Council separately - See Item
No. 3, Report No. 43 for Council's decision on this matter)
(By-law 2012-178)
CARRIED
Referred
to all Members of Council
63-2012 RETAIL LIQUOR
STORE AUTHORIZATION (3.21)
Info
- Forwarding
a request for the Town of Markham to complete the Municipal Information Form
for a Retail Liquor Store Authorization. (Ward 8)
CARRIED
10. PROCLAMATIONS
(1) APPROVED PROCLAMATIONS AND FLAG REQUESTS
- FOR INFORMATION (3.4)
Moved by Councillor
Alan Ho
Seconded by Regional
Councillor Gord Landon
1) That the following proclamations issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- India Independence Day (August 15, 2012)
-
Franco-Ontarian Day (September 25, 2012)
- Big Brother Big Sister Month (September
2012)
- Markham Fair Week (September 27 to 30,
2012)
- English as a Second Language Week (November
4 to 10, 2012)
- United Way Week (October 15 to 19, 2012);
and,
2) That
the following requests for flag to be raised at the Anthony Roman Markham Civic
Centre flagpole approved by the City Clerk in accordance with the City of
Markham Community Flag Raisings & Flag Protocol Policy be received for
information purposes:
-
Flag of India (August 19, 2012)
- Franco-Ontarian Flag (September 25, 2012);
and further,
3) That the following new proclamation be
approved and added to the Five-Year Proclamations List approved by Council:
- Blue Shirt Day – Ontario Stop Workplace Bullying and Harassment Day
(October 19th, 2012)
- Prostate Cancer Week
(September 17 to 23, 2012).
CARRIED
Council consented to add the proclamation of
Prostate Cancer Week.
(2) NATIONAL DAY OF THE PEOPLE'S REPUBLIC OF
CHINA
- OCTOBER 1, 2012
(3.4)
Moved by Councillor
Alan Ho
Seconded by Regional
Councillor Gord Landon
1) That the request to proclaim October 1, 2012 as "National Day of the People's
Republic of China" in the City of Markham be approved; and,
2) That the request to raise the flag for People's Republic of China at the Anthony Roman Markham Civic Centre
flagpole on October 1, 2012 be approved; and further,
3) That
the approval be added to
the Council approved Five-Year Proclamation List and Five-Year List of Request
to Raise Flag.
CARRIED
(3) PROCLAMATION
OF NATIONAL SENIORS DAY – OCTOBER 1, 2012 (3.4)
Moved by Councillor
Alan Ho
Seconded by Deputy
Mayor Jack Heath
1) That October 1, 2012 be proclaimed as "National Seniors
Day" in the City of Markham; and,
2) That the proclamation be added to the Five-Year
Proclamations List approved by Council.
(See Delegation Item No. 1)
CARRIED
Council consented to
consider the proclamation of National Seniors Day immediately following Presentation
Item No. 2 regarding the Bronze Bicycle Friendly Community Award.
11. NEW/OTHER BUSINESSES
There were no
new/other businesses.
12. BY-LAWS
Moved by Councillor
Valerie Burke
Seconded by Councillor
Colin Campbell
That By-laws 2012-164 to
2012-176 and By-laws 2012-178 to 2012-183 be given three readings and enacted.
Three Readings
BY-LAW 2012-164 A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE
CITY OF MARKHAM
By-law
- Blocks
59, 60, 63 and 69, Plan 65M-4225 - Hammersly Boulevard.
- Blocks
61 and 62, Plan 65M-4225 - Wozniak Crescent.
- Blocks
66 and 68, Plan 65M-4225 - Evershot Crescent.
- Block
38, Plan 65M-4231 - Hammersly Boulevard.
- Blocks
39, 41 and 42, Plan 65M-4231 - Evershot Crescent.
- Blocks
45 and 46, Plan 65M-4231 - Beebe Crescent.
CARRIED
BY-LAW 2012-165 A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE
CITY OF MARKHAM
By-law
- Blocks
49 and 50, Plan 65M-4222 - Kelly Crescent.
CARRIED
BY-LAW 2012-166 A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE
CITY OF MARKHAM
By-law
- Block
18, 20 and 22, Plan 65M-3637 - Lane CC.
CARRIED
BY-LAW 2012-167 A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE
CITY OF MARKHAM
By-law
- Part
of Lot 20, Concession 7, designated as Part 7, Plan 65R-32504 - Beebe Crescent.
CARRIED
BY-LAW 2012-168 A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE
CITY OF MARKHAM
By-law
- Block
1, Plan 65M-3835 - Alfred Paterson Drive
- Block
13, Plan 65M-4218 - Jeffrey Nihda Crescent.
CARRIED
BY-LAW 2012-169 WISMER MARKHAM DEVELOPMENTS 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, north of Hammersly
Boulevard and east of Mingay Avenue, Block 37, Plan 65M-4231.
CARRIED
BY-LAW 2012-170 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, north of 16th
Avenue and south of Barnstone Drive, Lots 3 to 19, 26 to 31, 34 to 39 and 44 to
57, Plan 65M-4317.
CARRIED
BY-LAW 2012-171 WISMER MARKHAM DEVELOPMENTS 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, south of Major Mackenzie
Drive and east of Mingay Avenue, Blocks 70 and 71, Plan 65M-4326.
CARRIED
BY-LAW 2012-172 BRIARLANE DEVELOPMENTS 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, north of Church Street,
south of Donald Sim Avenue and west of Cornell Centre Boulevard, Lots 120 to
131, Blocks 163 to 165 and Block 188 to 196, Plan 65M-4306.
CARRIED
BY-LAW 2012-173 AMBER PLAIN INVESTMENTS 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, east of McCowan Road and
south of Chokecherry Crescent, Lots 1 to 11 and 17 to
25, Plan 65M-4315.
CARRIED
BY-LAW 2012-174 CRESTCOVE DEVELOPMENTS 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, northwest of Markham Road and Denison Street, Part of Block 1, Plan
65M-4081, designated as Parts 3, 7, 8, 10, 12, 78, 79, 80, 81, 83, 84, 91, 92,
93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109,
110, 111, 112, 113, 114, 115, 116, 117, 120, 123, 124, 126, 127 and 128 on Plan
65R-32563.
CARRIED
BY-LAW 2012-175 A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE
VALUE OR INTEREST – HIRAM POWERS HOUSE, 4802 HIGHWAY 7.
By-law
CARRIED
BY-LAW 2012-176 2271850 ONTARIO LIMITED (VETMAR LTD.), HOLD REMOVAL BY-LAW, CONCESSION 3, PART LOTS 27 AND 28, WEST OF
WOODBINE AVENUE, SOUTH OF WOODBINE AVENUE BY-PASS AND NORTH OF ELGIN MILLS ROAD
EAST
By-law
- A by-law to amend By-law 177-96, as amended, to permit residential
development.
CARRIED
BY-LAW 2012-178 A BY-LAW TO PROVIDE FOR THE EFFECTIVE GOVERNANCE OF MARKHAM
MUNICIPAL CEMETERIES (MARKHAM CEMETERY BY-LAW
By-law
(Repeals By-law 178-93)
(Item No. 3, Report No. 43) (Communication
No. 62-2012)
CARRIED
BY-LAW 2012-179 A BY-LAW TO DEEM LOTS 84 AND 85, REGISTERED PLAN 65M-2481, NOT TO
BE PART OF A REGISTERED PLAN OF SUBDIVISION (2220922 ONTARIO INC., 95 KONRAD
CRESCENT)
(Item No. 6, Report No. 44)
By-law
CARRIED
BY-LAW 2012-180 A BY-LAW TO DEEM LOTS 55 AND 56, REGISTERED PLAN 65M-2481, NOT TO BE
PART OF A REGISTERED PLAN OF SUBDIVISION (2292322 ONTARIO INC. AND 2292324,
255 SHIELDS COURT)
(Item No. 7, Report No. 44)
By-law
CARRIED
BY-LAW 2012-181 CATHOLIC CEMETERIES ARCHDIOCESE OF TORONTO ZONING
BY-LAW AMENDMENT, 211 LANGSTAFF ROAD
By-law
- A by-law to amend By-law 2150, as amended,
to add a Funeral Home use to the list of permitted uses on the subject lands.
(Item No. 8, Report No. 44)
CARRIED
BY-LAW 2012-182 1839314 ONTARIO LIMITED, 9560 HIGHWAY 48 ZONING BY-LAW
AMENDMENTS, 9560 HIGHWAY 48
By-law
- A by-law to amend By-law 304-87, as amended, to delete the subject
lands from By-law 304-87, as amended, so that they could be incorporated into
By-law 177-96, as amended, to permit an 18-storey mixed use building.
(Item No. 10, Report No. 44)
CARRIED
BY-LAW 2012-183 1839314 ONTARIO LIMITED, 9560 HIGHWAY 48 ZONING BY-LAW
AMENDMENTS, 9560 HIGHWAY 48
By-law
- A by-law to amend By-law 177, as amended,
to permit an 18-storey mixed use building.
(Item No. 10, Report No. 44)
CARRIED
13. IN-CAMERA ITEMS
Council
consented to not resolve into Restricted In-camera Session and to report out
the following item, as proposed, at open session:
COUNCIL
– September 12, 2012
(1) A
MATTER IN RESPECT OF WHICH A COUNCIL, BOARD, COMMITTEE
OR OTHER BODY MAY HOLD A
CLOSED MEETING UNDER ANOTHER ACT
(CONFIRMATION OF RESTRICTED
IN-CAMERA MINUTES) (16.0)
[Section 239 (2) (g)]
Moved by Regional Councillor
Gord Landon
Seconded by Councillor
Carolina Moretti
1) That the following
Restricted In-camera Minutes be confirmed:
- Restricted In-camera
Special Council Education and Training Session Minutes dated April 12, 2012.
- Restricted In-camera
Special Council Education and Training Session Minutes dated April 16, 2012.
- Restricted In-camera
Council meeting minutes dated May 15, 2012.
- That the Restricted
In-camera Council meeting minutes dated June 26 and 27, 2012.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor
Colin Campbell
Seconded by Councillor
Howard Shore
That By-law 2012-177
be given three readings and enacted.
Three Readings
BY-LAW 2012-177 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER
12, 2012.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council meeting be adjourned at 8:41 p.m.
CARRIED
_______________________________ _______________________________
MARTHA PETTIT FRANK
SCARPITTI
ACTING CITY CLERK MAYOR
(Signed)