Meeting No. 11

1) That the report titled “RECOMMENDATION REPORT, Wykland Estates Inc. (Mattamy Homes Corporation), Site Plan Approval Application for a proposed mixed use 6-storey condominium apartment building and ten stacked townhouse dwellings on the east side of Bur Oak Avenue, north of Highway 7, File SC 15 149133, dated June 14, 2016, be received; and,

2) That the presentation by Wykland Estates (Mattamy Homes Corporation) regarding the proposed residential condominium development consisting of a mixed use six-storey condominium apartment building and ten stacked townhouse dwellings, be received; and,

3) That the Site Plan application (SC 15 149133) submitted by Wykland Estates Inc. (Mattamy Homes Corporation) to facilitate a residential condominium development consisting of a mixed-use six-storey condominium apartment building and ten stacked townhouse dwellings be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,

4) That Site Plan Approval (SC 15 149133) be delegated to the Director of Planning and Urban Design or his designate; not to be issued prior to the execution of a site plan agreement and Section 37 Agreement; and,

5) 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,

6) That the City’s 2009 Policy requiring all High Density residential developments to achieve at least LEED Silver, be waived, subject to the implementation of the sustainability initiatives outlined in this report, to the satisfaction of the Commissioner of Development Services; and,

7) That the Draft Zoning By-law Amendment attached as Appendix ‘B’, be finalized and enacted without further notice; and,

8) That the Mayor and Clerk be authorized to execute a Section 37 Agreement with the owner; and further,

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

(By-law 2016-82)

Carried

6(B) REPORT NO. 26 - DEVELOPMENT SERVICES COMMITTEE (June 20, 2016)

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

That Report No. 26 – Development Services Committee comprised of 5 items be received and adopted, except Item Nos. 4 and 5. See following Item Nos. 4 and 5.

(1)        RECOMMENDATION REPORT
            OHM MARKHAM MANOR INC.
            (FORMERLY DAVINDER RANDHAWA)
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            AND IMPLEMENTING SECONDARY PLAN AND
            ZONING BY-LAW AMENDMENTS TO PERMIT
            EIGHT SINGLE-DETACHED LOTS ON THE NORTH SIDE
            OF 14^TH AVENUE, WEST OF MCCOWAN ROAD
            5072 14^THAVENUE
            FILE NOS. OP/ZA/SU 14 104926 (10.7, 10.4 & 10.5)

1) That the report titled “Recommendation Report, OHM Markham Manor Inc. (formerly Davinder Randhawa), Applications for Draft Plan of Subdivision and implementing Secondary Plan and Zoning By-law Amendments to permit eight single-detached lots on the north side of 14^th Avenue, west of McCowan Road, 5072 14^th Avenue, File Nos. OP/ZA/SU 14 104926” be received; and,

2) That the record of the Public Meeting held on April 21, 2015 regarding the proposed Draft Plan of Subdivision and implementing Secondary Plan and Zoning By-law amendments be received; and,

3) That draft plan of subdivision 19TM-14007 (SU 14 104926) be approved subject to the conditions of draft approval set out in Appendix ‘A’ of this report; and,

4) That the Director of Planning and Urban Design or his designate, be delegated authority to issue draft plan approval, subject to the conditions set out in Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or his designate; and,

5) That the application submitted by OHM Markham Manor Inc. (formerly Davinder Randhawa) to amend the Armadale Secondary Plan, as amended, be approved and the draft Secondary Plan Amendment attached as Appendix ‘B’ be finalized and enacted without further notice; and,

6) That the application submitted by OHM Markham Manor Inc. (formerly Davinder Randhawa) to amend Zoning By-law 90-81, as amended, be approved and the draft by-law attached as Appendix ‘C’ be finalized and enacted without further notice; and,

7) That York Region be advised of servicing allocation for this development; and,

8) That the draft plan approval for plan of subdivision 19TM-14007 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and further,

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

(By-laws 2016-74 and 2016-75)

Carried

(2)        RECOMMENDATION REPORT
            2310601 ONTARIO INC. (HILDEBRAND GARDEN)
            3912 AND 3928 HIGHWAY 7
            APPLICATIONS FOR OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENT AND
            DRAFT PLAN OF SUBDIVISION TO PERMIT A
            HIGH DENSITY RESIDENTIAL DEVELOPMENT
            FILE NOS. OP 13 113228, ZA13 113228 AND SU 13 113228 (10.3, 10.5 & 10.7)

1) That the staff report dated June 20, 2016 titled “RECOMMENDATION REPORT, 2310601 Ontario Inc., Applications for Official Plan and zoning by-law amendment and draft plan of subdivision to permit a high density residential development,” be received; and,

2) That the record of the Public Meeting held on February 4, 2014 regarding the applications for approval of Official Plan and zoning by-law amendments and draft plan of subdivision, be received; and,

3) That the applications submitted by 2310601 Ontario Inc. to amend the City’s Official Plan and zoning by-laws, be approved and the draft Official Plan and zoning by-law amendments attached as Appendices “A” and “B” be finalized and enacted without further notice; and,

4) That the draft plan of subdivision 19TM-13004 submitted by 2310601 Ontario Inc. be draft approved subject to the conditions outlined in Appendix ‘C’; and,

5) That the Director of Planning and Urban Design, or his designate, be delegated authority to issue draft plan approval, subject to the conditions set out in Appendix ‘C’ as may be amended by the Director of Planning and Urban Design, following receipt of written confirmation from the Regional Municipality of York that the “pre-conditions” outlined in their letter dated March 2, 2016 have been satisfied. The Director of Planning and Urban Design will not issue draft plan approval until this written confirmation has been received; and,

6) That draft plan approval for plan of subdivision 19TM-13004 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and further,

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

(By-laws 2016-76 and 2016-77)

Carried

(3) LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD AND
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE
CORRADO GAZZE HOLDINGS LIMITED - 9700 NINTH LINE (WARD 5) (8.0)

[Section 239 (2) (e) (f)]

1) That the confidential report titled “RECOMMENDATION REPORT, Corrado Gazze Holdings Limited, Official Plan Amendment to provide for a proposed six-storey 117 unit condominium apartment building at 9700 9th Line, File OP 16 124169”, dated June 20, 2016, be received; and,

2) That the record of the Public Meeting held on April 12th, 2016 regarding the Official Plan and Zoning By-law Amendment applications submitted by Corrado Gazze Holdings Limited (OP/ZA 15 124169), be received; and,

3) That the Official Plan Amendment (OP 16 124169) submitted by Corrado Gazze Holdings Limited to amend the City’s in-force Official Plan (Revised 1987) as amended, and to amend the Greensborough Secondary Plan (PD 40-1) for part of the Greensborough Planning District, as amended, to permit a net site density of up to 309 units per hectare at 9700 9th Line, be approved, and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted without further notice; and,

4) That the proposed modifications to the 2014 City of Markham Official Plan – Part 1 attached as Appendix ‘B’, be endorsed by Council and forwarded to the Ontario Municipal Board for approval; and,

5) That these recommendations be made public upon Council’s endorsement of the proposed modifications attached as Appendix ‘B’; and further,

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

(By-law 2016-78)

Carried

(4) LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD - ONTARIO MUNICIPAL BOARD, HS NOUVEL DEVELOPMENTS INC. - 235 & 265 HOOD ROAD (WARD 8) (8.0)

[Section 239 (2) (e)]

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

1) That the confidential staff report dated June 20, 2016 titled “RECOMMENDATION REPORT, Application for Zoning By-law Amendment by HS Nouvel Developments Inc. to permit a commercial development at 235 and 265 Hood Road”, be received; and,

2) That the record of the Public Meeting held on June 2, 2015, regarding the proposed Zoning By-law Amendment by HS Nouvel Developments Inc. to permit a commercial development at 235 and 265 Hood Road, be received; and,

3) That the application submitted by HS Nouvel Developments Inc. to amend Zoning By-law 108-81, as amended, be approved and the draft by-law attached as Appendix ‘A’ be finalized and enacted without further notice; and,

4) That the proposed modifications to the 2014 Official Plan as partially approved on October 30, 2015, and May 26, 2016 contained in Appendix ‘B’ be endorsed by Council and forwarded to the Ontario Municipal Board for approval; and,

5) That these recommendations be made public upon Council’s endorsement of the proposed modifications attached as Appendix ‘B’; and further,

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

(By-law 2016-79)

Carried

(5) LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD - ONTARIO MUNICIPAL BOARD, WOODMILLS DEVELOPMENT INC. NORTHWEST CORNER OF ELGIN MILLS ROAD AND HIGHWAY 404 - CATHEDRAL SECONDARY PLAN AREA (WARD 2) (8.0)

[Section 239 (2) (e)]

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

1) That the confidential Staff report titled “Recommendation Report, Application for Zoning By-law Amendment by Markham Woodmills Development Inc., Northwest corner of Elgin Mills Road and Highway 404 - Cathedral Secondary Plan area, File No: ZA 15138017”, be received; and,

2) That the record of the Public Meeting held on April 12, 2016, regarding the application for the Zoning By-law amendment (File No. ZA 15 138017), be received; and,

3) That the application submitted by Markham Woodmills Development Inc. to amend Zoning By-laws 304-87 and 177-96, as amended, be approved, subject to a Holding provision in the by-law related to a cost-sharing agreement with the Developers Group, and the draft by-law attached as Appendix ‘A’ be finalized and enacted without further notice; and,

4) That the Highway 404 ramp extension not be pursued; and,

5) That the proposed modification to the 2014 Official plan – part 1, contained in Appendix ‘B’ be endorsed by Council and forwarded to the Ontario Municipal Board (“OMB”) for approval; and,

6) That these recommendations be made public upon Council’s endorsement of the proposed modification attached as Appendix ‘B’; and further,

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

(By-law 2016-80)

Carried

6(C) REPORT NO. 27 - DEVELOPMENT SERVICES PUBLIC MEETING
(June 21, 2016)

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

That Report No. 27 – Development Services Public Meeting comprised of 1 item be received and adopted.

(1)        PRELIMINARY REPORT
            APPLICATION BY GENNARO BRUNO
            FOR ZONING BY-LAW AMENDMENT
            TO FACILITATE THE SEVERANCE OF
            22 AND 24 RIVER BEND ROAD TO CREATE
            TWO ADDITIONAL BUILDING LOTS
            FILE NO: ZA 15 244809 (10.5)

Report Attachment 1 Attachment 2 Attachment 3

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

1) That the written submission from Alice Gomes regarding the application by Gennaro Bruno for 22 and 24 River Bend Road, be received; and,

2) That the report dated May 24, 2016 titled “PRELIMINARY REPORT, Application by Gennaro Bruno for Zoning By-law Amendment to facilitate the severance of 22 and 24 River Bend Road to create two additional building lots (File No. ZA 15 244809)”, be received; and,

3) That the Record of the Public Meeting held on June 21, 2016, with respect to the proposed Zoning By-law Amendment application by Gennaro Bruno to facilitate the severance of 22 and 24 River Bend Road to create two additional building lots (File No. ZA 15 244809), be received; and,

4) THAT the application by Gennaro Bruno, to amend Zoning By-law 122-72, as amended, (File No. ZA 15 244809) be approved; and,

5) That the applicant be required to adhere to Bird-Friendly Guidelines and enhance the habitat for Monarch butterflies and pollinators; and further,

6) That the proposed amendment to Zoning By-law 122-72, as amended, be enacted without further notice; and,

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

Carried

Council consented to add the word “…Monarch…” before the word “…butterflies…” contained in Resolution No. 5.

6(D) REPORT NO. 28 - GENERAL COMMITTEE (June 27, 2016)

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

That Report No. 28 – General Committee comprised of 6 items be received and adopted, except Item Nos. 1, 2, 4 and 5. See following Item Nos. 1, 2, 4 and 5.

(1) CELEBRATE MARKHAM GRANT
PROGRAM SUPPLEMENTAL FUNDING
- OCTOBER 1, 2016 – MARCH 31, 2017
- FUNDING APPROVALS (7.6)

Attachment 4 Attachment 5 Attachment 6

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

1) That the report titled, “Celebrate Markham Grant Program Supplemental Funding - October 1, 2016 - March 31, 2017 –Funding Approvals” be received; and,

2) That Council approve the recommendations of the Interdepartmental Staff Review Committee to fund 7 Celebrate Markham applicants, totaling $28,675, as identified in Attachments 1, 2, 3 and 4; and,

3) That the following Celebrate Markham grants be approved for the Cultural Events and Programs Category (as per Attachment 1):

i) The Markham African Canadian Association (MAACA) be awarded $4,000 for Markham Black History Month (2017 event) conditional on receiving the Project Outcome/Financial Report for the 2016 Black History Month event grant and MAACA securing the Markham Theatre for the event venue;

ii) The Centre for Tamil Heritage and Culture receive $4,500 for Markham Thai Pongal Vizha (2017 event) conditional on receiving the Project Outcome/Financial Report for the 2016 Markham Thai Pongal Vizha event grant;

iii) The Seniors’ Extravaganza receive $1,575 for their annual event at the Markham Theatre; and,

4) That the City of Markham award a $2,500 grant for the 2017 Chinese New Year Celebration to be held at the Markham Civic Centre subject to: an organization other than Federation of Chinese Canadians in Markham (FCCM) making the complete application and adherence to all Celebrate Markham Grant Program criteria, including receipt of a Project/Outcome Financial report for the 2016 Lunar New Year event; and,

5) That the following Celebrate Markham grants be approved for the Major Community Festivals Category (as per Attachment 2):

i) The Society for Preservation of Historic Thornhill receive $5,000 for the Thornhill Village Wheatsheaf Festival to be held on September 17, 2016, in addition to the $5,000 already granted by Council for this event, for a total grant of $10,000;

ii) The Unionville BIA receive $6,000 for the Unionville Olde Tyme Christmas Parade and activities; and,

6) That the following Celebrate Markham grants be approved for the Sport Events Category (as per Appendix 4):

i) MUMBA Basketball be awarded $3,600 for the 2017 MUMBA Ontario Cup Provincial Championship, subject to receipt of a letter of confirmation from the Ontario Basketball Association for hosting rights for this event;

ii) Water Polo Canada be awarded $7,000 for the 2017 Seniors’ National Championships; and,

7) That subject to approval by Council, recommended applications be posted on the Celebrate Markham website for applicant’s and the public’s information, along with Council’s resolution; and,

8) That the Celebrate Markham funding criteria, application forms and the Project Outcome Report be amended (in a form approved by the City Solicitor) to include the required minimum levels of financial reporting as described in this report; and,

9) That in addition to the financial reporting requirements identified in Recommendation 7, grant recipients must provide Review Engagements or Audit Engagements for their organizations, relating to the most recent fiscal years if available, and that the Markham Jazz Festival, Markham Village Music Festival, Night it Up, Taste of Asia Festival, Unionville Festivals ITTF N. American Olympic Qualification Tournament only provide 2016 Review Engagement or Audit Engagement reports where applicable and include 2015 Review Engagement or Audit Engagement reports only if they are available with their application submissions for 2017; and,

10) That the financial requirements in Recommendations 7) and 8) be applied to all grant recipients beginning in the next Funding Cycle (Cycle 4) for events being delivered April 1, 2017 to March 31, 2018; and,

11) That Canada 150 be promoted through the Celebrate Markham Fund in the next funding cycle (Funding Cycle 4) for events being delivered April 1, 2017 to March 31, 2018 by prioritizing applications that contribute to this important celebration; and,

12) That in accordance with Council’s resolution of March 22, 2016, $5,000 of the remaining Celebrate Markham funds of $68,325 be used for purchase of software and development of an improved website to better manage application processing, as well as improve the efficiency, tracking and reporting on Celebrate Markham applications (such applications forms be in a form approved by the City Solicitor); and,

13) That the remaining funds of $60,325 will be included as part of the 2016 year end results of operations; and further,

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

Carried as amended

(See following to amend)

(See following amendment which was lost)

(See following call the questions)

(See following to consider the matter)

Amendment to the proposed recommendation:

Moved by Regional Councillor Nirmala Armstrong

Seconded by Councillor Amanda Collucci

That the proposed recommendation be amended to add the following paragraph:

“That the City of Markham award a $2,500 grant for the 2017 Chinese New Year Celebration to be held at the Markham Civic Centre subject to: an organization other than Federation of Chinese Canadians in Markham (FCCM) making the complete application and adherence to all Celebrate Markham Grant Program criteria, including receipt of a Project/Outcome Financial report for the 2016 Lunar New Year event;”

Carried by a recorded vote (9:4)

(See following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Alan Ho, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (9)

NAYS: Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Joe Li, Councillor Colin Campbell. (4)

Amendment which was lost:

Moved by Councillor Alan Ho

Seconded by Regional Councillor Joe Li

That the amendment moved by Regional Councillor Nirmala Armstrong and seconded by Councillor Amanda Collucci be amended to increase the amount from “$2,500” to “$10,000”.

Lost by recorded vote (9:4)

(See following recorded vote)

NAYS: Councillor Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (9)

YEAS: Councillor Alan Ho, Regional Councillor Nirmala Armstrong, Deputy Mayor Jack Heath, Regional Councillor Joe Li. (4)

Call the question (Amendment to increase “$2,500” to “$10,000”):

Moved by Councillor Colin Campbell

Seconded by Councillor Alex Chiu

That Council call the question on the proposed amendment to increase the amount from “$2,500” to “$10,000”.

Carried by a 2/3 vote of Council Members present

Call the question (Proposed recommendation, as amended):

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Alex Chiu

That Council call the question on the proposed recommendation, as amended.

Carried by a 2/3 vote of Council Members present

Motion to consider the matter:

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

That Council consider the item titled “Celebrate Markham Grant Program Supplemental Funding” immediately following the delegation section of the agenda.

Carried

(2) WINTER MAINTENANCE WINDROW AND
PATHWAY WINTER MAINTENANCE REVIEW (5.10)

Presentation Report

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

1) That the presentation by Mr. Morgan Jones, Manager, Roads Operations entitled “Winter Maintenance Windrow Rebate/Pathway Program Review”, be received; and,

2) That the report titled “Winter Maintenance Windrow and Pathway Winter Maintenance Report Review” be received; and,

3) That the existing practice for clearing snow from windrows of qualified residents be continued and not proceed with a pilot rebate program at this time; and,

4) That the existing practice for winter snow clearing maintenance of pathways be continued; and,

5) That the 2017 budget for the windrow clearing program be increased by $37,000 from $237,270 to $274,270 to accommodate growth; and further,

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

Carried

(3) TRAFFIC CONTROL SIGNALS
- PROPOSED BY-LAW AMENDMENTS (5.12)

Report Attachment A Attachment B

1) That the report entitled “Traffic Control Signals – Proposed By-Law Amendments”, be received; and,

2) That Schedule 19 of Traffic By-Law 106-71, pertaining to “Traffic Control Signals”, be amended by including the following intersections:

· Main St. Markham, 60 metres north of Wilson Street (Mid-block Pedestrian Signal)

· Main St. Markham at Fisher Court (Mid-block Pedestrian Signal)

· Main St. Markham, 25 metres south of Mill Street (Mid-block Pedestrian Signal)

· Bur Oak Avenue at Greensborough Village Circle (Mid-block Pedestrian Signal)

· Birchmount Road and Rougeside Promenade

· Bur Oak Avenue and William Berczy Boulevard

· Bur Oak Avenue and Stonebridge Drive

· Rodick Road & Miller Avenue; and,

3) That Schedule 12 of Traffic By-Law 106-71, pertaining to “Compulsory Stops”, be amended by rescinding the stop controls at the following intersections:

· Birchmount Road and Rougeside Promenade

· Bur Oak Avenue and William Berczy Boulevard

· Bur Oak Avenue and Stonebridge Drive

· Rodick Road & Miller Avenue; and,

4) That York Region Police be requested to enforce the traffic signals upon passing of the By-law; and further,

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

(By-law 2016-87)

Carried

(4) REGIONAL PUBLIC MEETINGS (13.4)

Moved by Councillor Valerie Burke

Seconded by Regional Councillor Jim Jones

1) That the following recommendation from the June 27, 2016 General Committee meeting be received:

“That York Region staff be requested to hold an additional public information meeting regarding the Bayview Avenue Environmental Assessment in September 2016.”

Carried

(5) SHRINERS CIRCUS (2.8)

Moved by Councillor Valerie Burke

Seconded by Councillor Amanda Collucci

Whereas the Shrine Circus is scheduled to be in the City of Markham for a series of performances starting on Thursday, June 30, 2016 through Sunday, July 3, 2016; and,

Whereas the Circus will be held at the Markham Fairgrounds and will only feature horses and dogs as part of their line-up; and,

Whereas no exotic animal acts such as elephants or tigers will be part of the Circus taking place in Markham in 2016;

Now therefore be it resolved:

1) That the City of Markham commend the Shrine Circus for its decision to remove exotic animals from Markham and their Canadian events and encourage them to find alternative forms of entertainment without the use of animals; and,

2) That the banning of circuses with animals in Markham be referred back to staff for review.

Carried

Council consented to not consider the following recommendation from the June 27, 2016 General Committee meeting:

“That Mayor Frank Scarpitti be requested to write a letter to the Shriners Circus requesting them to eliminate all animal acts from their circus events.”

(6) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD
(DECLARATION OF SURPLUS LANDS [BLOCK 359, 65M-3888] ADJACENT TO CORNELL ROUGE DEVELOPMENT CORP.’S PHASE 7 RESIDENTIAL SUBDIVISION [BLOCK 339, PLAN 65M-3888]) (8.6)

[Section 239 (2) (c)]

1) That the confidential report entitled “Declaration of Surplus Lands adjacent to Cornell Rouge Development Corp.’s Phase 7 Residential Subdivision (Plan 65M-3888)” be received; and,

2) That in accordance with By-law 178-96 the City declare certain lands described as Block 359, on Registered Plan 65M-3888, City of Markham, Regional Municipality of York, as surplus, being lands originally set out as a temporary reserve, shown as the “Subject Property” on Attachments No. 1 and 2 to this report; and,

3) That subject to No. 2, above, the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with Cornell Rouge Development Corp. (“Cornell”) for a nominal sum ($1.00) to effect the re-conveyance of the surplus temporary reserve set out on Attachments No. 1 and 2 to this report; and,

4) That staff be authorized and directed to do all things necessary to give effect to the foregoing.

(See New/Other Business No. 2)

Carried

6(E) REPORT NO. 29 - GENERAL COMMITTEE (June 28, 2016)

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Jim Jones

That Report No. 28 – General Committee comprised of 2 items be received and adopted, except Item No. 2. See following Item No. 2.

(1) 2017 CAPITAL BUDGET PRE-APPROVAL
FOR NEW GROWTH RELATED PARK
DEVELOPMENT (6.3)

Report Attachment

1) That the report dated June 27, 2016 entitled “2017 Capital Budget Pre-Approval for New Growth Related Park Development” be received; and,

2) That Council approve the 2017 Capital Budget pre-approval for park development which totals $12,016,600 as outlined in this report; and,

3) The 2017 park development capital program of $12,016,000 will be funded 90% from Development Charges in the amount of $10,814,400, and 10% will be funded from the Operating Non-Lifecycle funds in the amount of $800,000 and the remaining balance of $401,600 from the Non-DC Growth Reserve Fund; and,

4) That staff bring forward the corresponding Capital Request Forms for each of the pre-approved projects as part of the 2017 Capital Budget process; and further,

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

Carried

(2) EABAMETOONG FIRST NATION PARTNERSHIP (12.2.6)

Presentation Report Attachment 1 Attachment 2

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Jim Jones

1) That the presentation by Ms. Meg West, Manager, Strategic Initiatives entitled “Working Together – City of Markham & Eabametoong First Nation,” be received; and,

2) That the report titled “Eabametoong First Nation Partnership” be received; and,

3) That the Mayor and Clerk be authorized to execute a Partnership Agreement between the City and Eabametoong First Nation, in a form satisfactory to the Chief Administrative Officer, to promote community and cultural exchange between the two communities and to encourage activities that will promote collaboration and partnership; and,

4) That Markham Council support a cultural and economic collaboration with Eabametoong First Nation as part of Markham’s Canada 150 Celebration in 2017; and,

5) That Council endorse providing strategic support for Eabametoong First Nation Legacy Projects subject to finalization of the project list and determination of project feasibility; and,

6) That a Committee be established with Members of Council and staff to facilitate the partnership between the City of Markham and Eabametoong First Nation and report back to General Committee; and,

7) That Regional Councillor Nirmala Armstrong, Councillor Valerie Burke, Councillor Logan Kanapathi and Councillor Amanda Collucci, be appointed as members to the Eabametoong First Nation Committee, Deputy Mayor Jack Heath as ex-officio and Mayor Frank Scarpitti as Chair and ex-officio; and further,

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

Carried

Note: The appointment of Councillor Amanda Collucci occurred under New/Other Business Item No. 3.

Council consented to add the following paragraph as Resolution No. 7 regarding the appointment of Members of Council to the Eabametoong First Nation Committee:

“That Regional Councillor Nirmala Armstrong, Councillor Valerie Burke, Councillor Logan Kanapathi and Councillor Amanda Collucci, be appointed as members to the Eabametoong First Nation Committee, Deputy Mayor Jack Heath as ex-officio and Mayor Frank Scarpitti as Chair and ex-officio;”

7. MOTIONS

(1) PARKING STANDARDS FOR RECREATIONAL
TRAILERS, VEHICLES AND BOATS (2.0)

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Logan Kanapathi

Whereas Bylaw 28-97 Parking Standards, Section 7.2 (c) permits the temporary parking of recreational trailers and vehicles and boats on a lot within 9.0 meters of a public street for a maximum of 14 continuous days; and,

Whereas the clause is interpreted by the City of Markham to permit the parking of recreational trailers, vehicles and boats permanently on the driveway provided that they are moved every fourteen days without having to leave the lot; and,

Whereas this loophole conflicts with the intent of the by-law, which is to permit the parking of trailers, vehicles and boats for a limited 14 day period annually; and,

Whereas the long-term parking of large recreational trailers, vehicles and boats affects neighbouring residents by obstructing the sight line to the road to observe oncoming traffic;

Now therefore be it resolved:

1) That staff be directed to explore revision options for Bylaw 28-97 Parking Standards, Section 7.2 (c) to close the loophole; and,

2) That staff report back on those options in early fall for revisions on this bylaw.

Carried

(See following to consider the matter)

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Logan Kanapathi

That the rules of procedure be waived in order to add a motion titled “Parking Standards for Recreational Trailers, Vehicles and Boats” for Council’s consideration.

Carried by a 2/3 vote of Council Members present

8. NOTICES OF MOTIONS

There were no notices of motions.

9. COMMUNICATIONS

Moved by Councillor Colin Campbell

Seconded by Councillor Karen Rea

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

Received and approved

29-2016 TEMPORARY EXTENSION APPLICATION (LIQUOR SALES LICENCE) FOR UNIONVILLE ARMS PUB AND GRILL, 189 AND 193 MAIN STREET UNIONVILLE (WARD 3) (3.21)

Request for a non-objection letter from the City of Markham to extend their existing liquor licence for the patio areas at 189 and 193 Main Street Unionville. The proposed extension will be utilized in conjunction with the Markham Jazz Festival being held on August 19, 20 and 21, 2016.

Carried

30-2016 LIQUOR LICENCE APPLICATION FOR KYOUKA RAMEN, 8384 WOODBINE AVENUE (WARD 8) (3.21)

Request for the City of Markham to complete the Municipal Information Form.

(Change of ownership and application of a liquor licence for indoor areas previously licenced).

Carried

31-2016 SPECIAL OCCASION LIQUOR PERMIT FOR GREEK ORTHODOX COMMUNITY OF MARKHAM (WARD 6) (3.21)

Request for an approval from the City of Markham to designate their Annual Greek Summer Festival being held from July 22 to 24 and August 29 to 31, 2016 at 11359 Warden Avenue 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

32-2016 ROAD CLOSURE REQUEST – CANADA DAY CELEBRATIONS (3.5)

Request to close the following roads on July 1, 2016 to facilitate the Canada Day Celebrations:

3:00 pm to 4:30 pm

- McCowan Road from Bullock Drive to South Unionville Avenue

- McCowan Road and Heritage Rd

- Hwy 7 - east and west of McCowan Road

8:30 pm to 11:30 pm

- McCowan Road from south of Hwy 7 to north of South Unionville Avenue.

Carried

33-2016 TEMPORARY EXTENSION APPLICATION (LIQUOR SALES LICENCE) FOR FLETCHER’S FIELDS, 2743 19^TH AVENUE (WARD 2) (3.21)

Request for a non-objection letter from the City of Markham to extend their existing liquor licence to the entire Fletcher’s Fields rugby park area at 2743 19^th Avenue. The proposed extension will be utilized during the Provincial 2016 Magnificent Sevens Rugby Festival as follows:

- Thursday, July 21, 2016 (12:30 PM to 10:00 PM)

- Friday, July 22, 2016 (11:00 AM to 8:00 PM)

- Saturday, July 23, 2016 (11:00 AM to 7:00 PM)

- Sunday, July 24, 2016 (11:00 AM to 7:00 PM)

Carried

34-2016 MEMORANDUM REGARDING THE ZONING APPLICATION FOR POOTHAPPILLAI JEYANANTHAN AND JEYANANTHAN SUMITHRA, 9000 MCCOWAN ROAD AND 75 AND 77 HAVAGAL CRESCENT (10.5)

Memo

Memo dated June 28, 2016 from the Commissioner of Development Services providing an update with respect to the Zoning Application for Poothappillai Jeyananthan and Jeyananthan Sumithra, 9000 Mccowan Road and 75 and 77 Havagal Crescent, and recommending the enactment of the proposed zoning by-law amendment with respect thereto.

(By-law 2016-81)

Carried

Received and referred to the Commission of Development Services

35-2016 COMMUNICATIONS REGARDING THE APPLICATION SUBMITTED BY CORRADO GAZZE HOLDINGS LIMITED, 9700 NINTH LINE (8.0)

(Item No. 3, Report No. 26 – June 28, 2016 Council Meeting)

Communications

Communications providing comments with respect to the application submitted by Corrado Gazze Holdings Limited, 9700 Ninth Line, received as follows:

1. Nina and Narinder Saini, letter dated June 27, 2016.

2. Elizabeth and Reza Kiarash, email dated June 27, 2016.

Carried

10. PROCLAMATIONS

(1) PROCLAMATION REQUEST (3.4)

Presentation BriefingNote

Moved by Councillor Alan Ho

Seconded by Regional Councillor Jim Jones

1) That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:

- National Drowning Prevention Week (July 17 to 23, 2016)

Carried

11. NEW/OTHER BUSINESS

(1) NINTH LINE TRUCK RESTRICTION (5.10)

Moved by Councillor Karen Rea

Seconded by Councillor Don Hamilton

1) That the briefing note dated June 16, 2016 from York Region be received; and,

2) That the written submission from Eira Keay, Norm and Dianne Pemberton, Jamie Taylor, Joanne Jackson, and Phil Diamond, regarding Ninth Line Truck Restrictions, to the Development Services Committee on May 24, 2016, be received; and,

3) That the presentation provided by Brian Titherington, Director, Roads and Traffic Operations, Region of York entitled "Ninth Line Truck Restriction" to the Development Services Committee on May 24, 2016 be received; and,

4) That the truck ban from Highway 7 and 16^th Avenue be re-instated and the section of Ninth Line between Highway 7 and Highway 407 also include a truck ban; and,

5) That any signs that have been removed stating truck route be re-installed; and,

6) That any future development along Donald Cousens Parkway require that developers include a clause of caution of possible noise and heavy volume of traffic in their purchase agreements; and,

7) That the Markham’s Regional Councillors bring this back to the Region and support the truck ban on Ninth Line and re-iterate that the Donald Cousens Parkway is Markham’s by-pass, and it should be used for what it was intended for.

Carried by a recorded vote (7:5)

(See following recorded vote)

YEAS: Councillor Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Deputy Mayor Jack Heath, Councillor Colin Campbell, Councillor Logan Kanapathi. (7)

NAYS: Councillor Alan Ho, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Amanda Collucci. (5)

ABSENT: Councillor Alex Chiu. (1)

(2) DECLARATION OF SURPLUS LANDS (BLOCK 359, 65M-3888) ADJACENT TO CORNELL ROUGE DEVELOPMENT CORP.’S PHASE 7 RESIDENTIAL SUBDIVISION (BLOCK 339, PLAN 65M-3888) (8.6)

Map

Moved by Councillor Colin Campbell

Seconded by Regional Councillor Joe Li

Notices of Proposed Sale

City of Markham

Proposed Sale of Surplus Real Property

(Pursuant to By-law 178-96)

1) That the notice of proposed sale for the City owned lands legally described as Block 359, on Registered Plan 65M-3888 be confirmed.

(Item No. 6, Report No. 28 - June 28, 2016 Council Meeting)

Carried

(3) BUDGET COMMITTEE AND
EABAMETOONG FIRST NATION COMMITTEE APPOINTMENTS (16.24)

Moved by Regional Councillor Nirmala Armstrong

Seconded by Councillor Don Hamilton

1) That Regional Councillor Jim Jones be appointed to the Budget Committee and Councillor Amanda Collucci be appointed to the Eabametoong First Nation Committee.

Carried by a 2/3 vote of Council Members present

(4) TRAFFIC OPTIONS AROUND 46 MAIN STREET MARKHAM
DURING SUMMER (10.0)

Engineering staff was directed to review and provide traffic options related to the development by Ravina Condominium Development at 46 Main Street Markham and festival road closures during the summer.

(5) PARKING OPTIONS RELATED TO THE DEVELOPMENT
AT 75 FRED VARLEY DRIVE (10.0)

Engineering staff was directed to review and look into parking options related to the development by Tribute Development at 75 Fred Varley Drive.

12. BY-LAWS

Moved by Regional Councillor Jim Jones

Seconded by Regional Councillor Joe Li

That By-laws 2016-70 to 2016-85 and 2016-87 be given three readings and enacted; and,

That By-law 2016-88 be given three reading and enacted, and that the Mayor and Clerk be authorized and directed to sign the by-law when the details of the registered reference plan are available and have been inserted into the draft by-law.

Carried

Three Readings

BY-LAW 2016-70 SHIYING TAN, 28 AILEEN ROAD, HOLD REMOVAL BY-LAW

A by-law to amend By-law 151-75, as amended, to remove the Holding (H) provision, to allow for the severance of the lot to create two residential lots from the original property.

Carried

BY-LAW 2016-71 BOX GROVE HILL DEVELOPMENTS INC. & BOX GROVE NORTH INC., NORTH OF COPPER CREEK DRIVE, BETWEEN NINTH LINE AND DONALD COUSENS PARKWAY, HOLD REMOVAL BY-LAW

A by-law to amend By-law 177-96, as amended, to remove the Holding (H) provision, to permit the property to be developed with townhouses and live-work townhouses.

Carried

BY-LAW 2016-72 AKILAN KANAGASABAPATHY, 5077 14TH AVENUE, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED

A by-law to adopt an Official Plan Amendment No. 239 to the in force Official Plan (Revised 1987), as amended, to facilitate the development of three single-detached dwellings.

(Item No. 2, Report No. 16 – May 3, 2016 Council Meeting)

Carried

BY-LAW 2016-73 AKILAN KANAGASABAPATHY, 5077 14TH AVENUE, ZONING BY-LAW AMENDMENT

A by-law to amend By-law 90-81, as amended, to facilitate the development of three single-detached dwellings.

(Item No. 2, Report No. 16 – May 3, 2016 Council Meeting)

Carried

BY-LAW 2016-74 OHM MARKHAM MANOR INC. (FORMERLY DAVINDER RANDHAWA) 5072 14^TH AVENUE, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED

A by-law to adopt an Official Plan Amendment No. 240 to the in force Official Plan (Revised 1987), as amended, to facilitate the development of single-detached dwellings, including the introduction of site-specific development standards and holding provision.

(Item No. 1, Report No. 26 – June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-75 OHM MARKHAM MANOR INC. (FORMERLY DAVINDER RANDHAWA) 5072 14^TH AVENUE, ZONING BY-LAW AMENDMENT

A by-law to amend By-law 90-81, as amended, to facilitate the development of single-detached dwellings, including the introduction of site-specific development standards and holding provision.

(Item No. 1, Report No. 26 – June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-76 2310601 ONTARIO INC. (HILDEBRAND GARDEN), 3912 AND 3928 HIGHWAY 7, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED

A by-law to adopt an Official Plan Amendment No. 241 to the in force Official Plan (Revised 1987), as amended, to facilitate the development of apartment dwellings, a school block and an open space block.

(Item No. 2, Report No. 26 - June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-77 2310601 ONTARIO INC. (HILDEBRAND GARDEN), 3912 AND 3928 HIGHWAY 7, ZONING BY-LAW AMENDMENT

A by-law to amend By-law 177-96, as amended, and By-law 118-79, as amended, to facilitate the development of apartment dwellings, a school block and an open space block.

(Item No. 2, Report No. 26 - June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-78 CORRADO GAZZE HOLDINGS LIMITED, 9700 NINTH LINE, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED

A by-law to adopt an Official Plan Amendment No. 242 to the in force Official Plan (Revised 1987), as amended, to provide for a proposed condominium apartment building.

(Item No. 3, Report No. 26 - June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-79 HS NOUVEL DEVELOPMENTS INC., 235 AND 265 HOOD ROAD, ZONING BY-LAW AMENDMENT

A by-law to amend By-law 108-81, as amended, to implement a commercial development.

(Item No. 4, Report No. 26 - June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-80 MARKHAM WOODMILLS DEVELOPMENT INC., NORTHWEST CORNER OF ELGIN MILLS ROAD AND HIGHWAY 404, ZONING BY-LAW AMENDMENT

A by-law to amend By-laws 304-87, as amended, and 177-96, as amended, to permit employment and open space uses.

(Item No. 5, Report No. 26 - June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-81 POOTHAPPILLAI JEYANANTHAN AND JEYANANTHAN SUMITHRA, 9000 MCCOWAN ROAD AND 75 AND 77 HAVAGAL CRESCENT, ZONING BY-LAW AMENDMENT

A by-law to amend By-law 134-79, as amended, to facilitate the creation of two single detached residential lots and the development of two single detached dwellings.

(Communication No. 34-2016)

Carried

BY-LAW 2016-82 WYKLAND ESTATES INC. (MATTAMY HOMES CORPORATION), EAST OF BUR OAK AVENUE, NORTH OF HIGHWAY 7

A by-law to amend By-laws 304-87, as amended, and 177-96, as amended, to permit mixed use mid rise apartment buildings and stacked townhouses.

(Item No. 1, Report No. 25 – June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-83 PRIMONT HOMES (HARMONY) LIMITED, PART LOT CONTROL EXEMPTION BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Parts of Lots 1 and 2 on Registered Plan 2196, designated as Parts 1 to 22, both inclusive, on Registered Plan 65R-36409, south side of South Unionville Avenue and east of Kennedy Road.

Carried

BY-LAW 2016-84 A BY-LAW TO IMPLEMENT AN ADMINISTRATIVE MONETARY PENALTY SYSTEM FOR NON-PARKING OFFENCES

Carried

BY-LAW 2016-85 CORNELL ROUGE DEVELOPMENT CORP., PART LOT CONTROL EXEMPTION BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Lots 24, 25, 29 to 32, 45 to 48, 57, 58, 95, 96, 104 to 107, 119 to 122, 125, 126, 145, 146, 154, 155 and Blocks 175, 177, 180, 181, 182 and 183, Registered Plan 65M-4364, south of 16^th Avenue, west of Donald Cousens Parkway and east of Cornell Rouge Boulevard in the Cornell community.

Carried

BY-LAW 2016-87 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71

(Implementation of Traffic Control Signals and Compulsory Stops for the various locations noted in the by-law)

(Item No. 3, Report No. 28 – June 28, 2016 Council Meeting)

Carried

BY-LAW 2016-88 A BY-LAW TO CLOSE A PORTION OF MAIN STREET, UNIONVILLE DESCRIBED AS PART OF THE EAST HALF OF LOT 8, CONCESSION 5, MORE PARTICULARLY DESCRIBED AS PART 1, PLAN 65R-36513

Carried

13. IN-CAMERA ITEMS

Council consented to not resolve into in-camera session to discuss the following items:

(1) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(APPOINTMENTS & RESIGNATIONS TO BOARDS/COMMITTEE) (16.24)

[Section 239 (2) (b)]

Council – June 28, 2016

(2) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(APPOINTMENTS & RESIGNATIONS TO BOARDS/COMMITTEE) (16.24)

[Section 239 (2) (b)]

The in-camera items were approved by Council as follows:

(1) APPOINTMENTS & RESIGNATIONS
TO BOARDS/COMMITTEES (16.24)

Moved by Councillor Colin Campbell

Seconded by Deputy Mayor Jack Heath

1) That the resignation of Coucillor Don Hamilton from the Varley-McKay Art Foundation of Markham be received with regret for information purposes; and,

2) That the resignation of Shadi Aghaei from the Public Realm Advisory Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

Carried

(2) APPOINTMENTS & RESIGNATIONS
TO BOARDS/COMMITTEES (16.24)

Moved by Councillor Valerie Burke

Seconded by Councillor Alan Ho

1) That the resignation of Ryan McLachlan, Chair and Elisabeth Mensher, Vice-Chair, from the Board of Management for the Main Street Unionville Business Improvement Area (UBIA) be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

Carried

14. CONFIRMATORY BY-LAW

Moved by Councillor Logan Kanapathi

Seconded by Councillor Karen Rea

That By-law 2016-86 be given three readings and enacted.

Three Readings

BY-LAW 2016-86 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE 28, 2016.