Meeting No. 5

1) That the report dated February 19, 2010 entitled “Markham District Energy Capital – Gas Tax Funding” be received; and,

2) That Council approve the allocation of $16.0 million of Gas Tax funding to Markham District Energy (MDE); and,

3) That the Treasurer be authorized to transfer, as a grant, $16.0 million to Markham District Energy (MDE) when deemed appropriate over the next four years; and further,

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

CARRIED

(4) ADMINISTRATIVE MATTERS
- 2010 MUNICIPAL ELECTION (14.0)

1) That the Report entitled “Administrative Matters - 2010 Municipal Election” be received; and,

2) That a by-law be adopted to establish the 2010 early voting dates, times and locations within the Town outlined in Attachment “A”; and,

3) That a by-law be adopted to establish special voting hours for institutions and retirement homes in the form attached hereto as Attachment “B”, and,

4) That a by-law be adopted to provide for election-related information to be made available in languages other than English and French as outlined in Attachment “C”; and,

5) That Early Voting be available at the Civic Centre on all the Early Voting days, and that Early Voting hours be extended to 10:00 a.m. to 8:00 p.m.; and further,

6) That staff be authorized to give effect to this resolution.

(By-laws 2010-28 to 2010-30)

CARRIED

(5)        NATIONAL PUBLIC WORKS WEEK
            MAY 16 – 22, 2010, PUBLIC WORKS: “ABOVE,
            BELOW, & ALL AROUND YOU” (5.0)

1) That the Mayor and Council proclaim the week of May 16-22, 2010, as ‘National Public Works Week’ in the Town of Markham; and,

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

(6) DELEGATION OF AUTHORITY (8.0)

1) That the report entitled “Delegation of Authority” be received; and,

2) That the Gallery Manager be authorized to execute and be granted signing authority for contracts relating to the Varley Art Gallery collection in accordance with the Varley Art Gallery Collection Policy and Procedures and in a form satisfactory to the Town Solicitor. Contracts include: art and archives loan agreements; agreements to acquire art and archives materials; gift agreements; agreements to exchange art and archives with other galleries and archives; and agreements granting permission to third parties to use and/or reproduce art images or archival materials owned by the Town; and further,

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

CARRIED

(7) GIANT HOGWEED CONTROL STRATEGY (5.7)

Report 1

1) That the deputation by Ms. D. Kavanagh regarding the Town’s giant hogweed strategy be received.

2) That the report entitled Giant Hogweed Control Strategy be received; and,

3) That Council approve Option 3 – ‘Treatment with Glyphosate’ as the preferred strategy option to address eradication and control measures for Giant Hogweed in Markham; and,

4) That injections be explored as the preferred method of pesticide application;

5) That Council acknowledges that this Control Strategy represents the first year of a multi-year program; and,

6) That Council approve funding in the amount of $30,000 be allocated from Parks Operating Account # 730-730 5399 to implement control measures; and,

7) That staff report back to General Committee on a program of increasing public awareness, including updating the town website and preparing an information pamphlet; and further,

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

CARRIED

6(b) REPORT NO. 13 - GENERAL COMMITTEE (March 22, 2010)

Council consented to add Report No. 13 containing items from the March 22, 2010 General Committee meeting.

Moved by Regional Councillor J. Virgilio

Seconded by Councillor E. Shapero

That Report No. 13 - General Committee comprised of 3 items be received and adopted.

(1) AWARD OF TENDER 023-Q-10 ROUGE RIVER
COMMUNITY CENTRE SANITARY SEWER
PUMPING SUMP REPLACEMENT (7.12.1)

1) That the report entitled “Award of Tender 023-Q-10 Rouge River Community Centre Sanitary Sewer Pumping Sump Replacement” be received; and,

2) That the contract for 023-Q-10 Rouge River Community Centre Sanitary Sewer Pumping Sump Replacement be awarded to the lowest priced bidder, Robert R. Somerville in the amount of $119,802.00 exclusive of GST; and,

3) That a contingency in the amount of $18,770.00 exclusive of GST be established to cover any additional construction and consultant costs and that the Director of Asset Management be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,

4) That the contract for Consulting Engineering Services Related to Contract Administration and Construction Inspection be awarded to R.V. Anderson Limited in the amount of $8,000.00 exclusive of GST; and,

5) That staff be authorized to retain a qualified geotechnical consulting firm in accordance with the Town’s purchasing bylaw to provide geotechnical and materials testing services during construction for an upset limit of $1,000.00 exclusive of GST; and,

6) That a new Recreation budget be established for the Rouge River Community Centre Sanitary Sewer Pumping Sump Replacement and be funded from the Life Cycle Reserve 087-2800-200 in the amount of $147,572.00; and further,

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

(2) CANADA MORTGAGE AND
HOUSING CORPORATION LOAN (7.0)

1) That the report dated March 9, 2010 entitled “Canada Mortgage and Housing Corporation Loan” be received; and,

2) That Council approve the submission of a loan application (through the Region of York) to Canada Mortgage and Housing Corporation to fund the purchase of the Markham District Energy Birchmount plant; and further,

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

(3) GREEN MUNICIPAL
FUND LOAN APPLICATION (7.0)

1) That the report dated March 9, 2010 entitled “Green Municipal Fund Loan Application” be received; and,

2) That Council approve the submission of a loan application (through the Region of York) to the Federation of Canadian Municipalities’ Green Municipal Fund to partially fund the construction of the East Markham Community Centre; and further,

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

6(c) REPORT NO. 14 - DEVELOPMENT SERVICES COMMITTEE (March 23, 2010)

Council consented to add Report No. 14 containing items from the March 23, 2010 Development Services Committee meeting. Council also consented to separate Items 4 and 5.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 14 - Development Services Committee comprised of 7 items be received and adopted, except Items 4 and 4. (See following Items 4 and 5)

(1)        SECTION 34 OF THE ONTARIO HERITAGE ACT
            PROPOSED RELOCATION AND PARTIAL DEMOLITION
            ARYEH CONSTRUCTION LTD.
            8303 WARDEN AVENUE (16.11)

1) That the report entitled “Recommendation Report - Section 34 of the Ontario Heritage Act - Proposed Relocation and Partial Demolition - Aryeh Construction Ltd, 8303 Warden Avenue”, be received; and,

2) That nothing in this report should be construed as support for the appropriateness of the built form or density of development being proposed by Aryeh Construction Ltd in their applications for official plan and zoning by-law amendments, which are currently before the Ontario Municipal Board; and,

3) That Council consent to the application under Section 34 of the Ontario Heritage Act, subject to the following conditions:

a. the owner comply with all six recommendations of the Heritage Impact Assessment prepared by Wayne Morgan, Heritage Planner, as revised December 2009, concerning the treatment of the relocated Sheridan-Paterson Farm House (the “heritage resource”) within a future redevelopment proposal;

b. the owner immediately secure the heritage resource in accordance with municipal and heritage standards (boarding, fencing, signage) to prevent further vandalism and deterioration, and inspect the property on a regular basis to ensure the heritage resource remains protected;

c. within 30 days of Council approval, the owner enter into a Heritage Easement Agreement satisfactory to the Town Solicitor to be executed by the Mayor and Clerk on behalf of the Town, and provide a Heritage Letter of Credit in the amount of $25,000 to secure the obligations of 3(b);

d. the owner prepare a strategy and plan for the conservation of the heritage resource to be undertaken by a qualified conservation architect, with the strategy being approved by the Manager of Heritage Planning prior to the demolition/relocation of any parts of the heritage resource;

e. the owner secure and protect the heritage resource during the temporary relocation, storage phase and restoration process, and provide a Heritage Letter of Credit in the amount of $100,000 to secure these obligations;

f. the ultimate location of the relocated heritage resource on Block C of the applicant’s draft plan of subdivision (19TM-06015) be determined as part of site plan control approval (pursuant to Section 41 of the Planning Act); and

g. the conditions pertaining to the heritage resource (relocation, protection, restoration and provision of financial securities) be included in both the conditions of draft plan approval (in respect to 19TM-06015) and site plan agreement for the site; and further,

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

CARRIED

(2)        GREAT ELDIN INVESTMENTS LTD.
            NORTH OF EDWARD JEFFREYS AVENUE
            WEST OF HIGHWAY 48
            WISMER COMMONS COMMUNITY
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            FOR PHASE 2 OF DRAFT PLAN OF SUBDIVISION 19TM-95081
            (ZA 08-106617 AND SU 02-111460 002) (10.5, 10.7)

1) That the report entitled “Recommendation Report, Great Eldin Investments Ltd. North of Edward Jeffreys Avenue, west of Highway 48, Wismer Commons Community. Implementing Zoning By-law amendments for Phase 2 of draft plan of subdivision 19TM-95081. File Numbers ZA 08-106617 and SU 02-111460 002” be received; and,

2) That the application ZA 08-106617 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 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 for 116 units (333 population) be granted to plan of subdivision 19TM-95081 (Phase 2), from the total allocation for the Wismer Community, assigned in accordance with the February 12, 2008 report on servicing allocation; and further,

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

CARRIED

(3)        1039954 ONTARIO LIMITED
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            FOR DRAFT PLAN OF SUBDIVISION 19TM-02016
            PHASE 4 AND 5, SOUTHWEST CORNER OF
            MAJOR MACKENZIE DRIVE & RALPH CHALMERS AVENUE
            WISMER COMMONS COMMUNITY
            (ZA 09-122509 AND SU 02-118676) (10.5, 10.7)

1) That the report entitled “Recommendation Report, 1039954 Ontario Limited, Implementing Zoning By-law amendments for draft plan of subdivision 19TM-02016 Phase 4 and 5, Southwest corner of Major Mackenzie Drive & Ralph Chalmers Avenue, Wismer Commons Community, File Numbers ZA 09-122509 and SU 02-118676, dated March 23, 2009” be received; and,

2) That the application ZA 09-122509 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 as Appendix ‘A’ be finalized and enacted without further notice; and,

4) That conditional 2011 servicing allocation for 31.5 single detached units and 8 semi-detached units (total 39.5 units or 140.7 population) be granted to plan of subdivision 19TM-02016 – Phase 4, from the total allocation for the Wismer Commons community, assigned in accordance with the February 12, 2008 report on servicing allocation; and further,

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

CARRIED

(4)        OAKCREST DEVELOPMENTS
            ZONING BY-LAW AMENDMENT TO
            FACILITATE A FUTURE SEVERANCE OF
            4 OAKCREST AVENUE INTO TWO (2) LOTS
            (ZA 07 125054) (10.5)

1) That the correspondence from Denise Ascenzo, Don & Carrie Perruzza and Nunzio & Maria Fuina be received; and,

2) That the report dated March 23, 2010 titled “RECOMMENDATION REPORT, Oakcrest Developments, Zoning By-law amendment application to facilitate a future severance of 4 Oakcrest Avenue into two (2) lots (File No: ZA 07 125054),” be received; and,

3) That the Zoning By-law amendment applications (ZA 07 125054) submitted for 4 Oakcrest Avenue, be approved, subject to a minimum side yard setback of 1.8m (5.9ft), and that the implementing Zoning By-law amendment (ZA 07 125054) be finalized and enacted by Council; and further,

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

CARRIED

(See following recorded vote) (9:1)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor J. Webster, Councillor L. Kanapathi. (9)

NAYS: Councillor D. Horchik. (1)

ABSENT: Regional Councillor G. Landon, Councillor C. Moretti, Councillor A. Chiu. (3)

(5) MARKHAM AGRICULTURAL ADVISORY COMMITTEE
– TERMS OF REFERENCE (10.0)

1) That staff report entitled “Markham Agricultural Advisory Committee – Terms of Reference” be received; and,

2) That Council approve in principle the Terms of Reference for the Markham Agricultural Advisory Committee (Appendix A as amended at the March 23, 2010 Development Services Committee meeting) and membership eligibility criteria (Appendix B) and that the staff report along with Appendices A & B be circulated to key representatives of the agricultural, academic and advocacy communities for comment and input, and that the final draft documents be brought back to the Development Services Committee for recommendation to Council; and,

3) That Council appoint one or more Council member to the Markham Agricultural Advisory Committee in accordance with the Terms of Reference, as amended at the March 23, 2010 Development Services Committee meeting; and

4) That the Clerks Department be directed to provide administrative support and advertise membership opportunities once the Terms of Reference are finalized for the Markham Agricultural Advisory Committee, and further,

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

CARRIED

Council consented to add the words "…the staff report along with …", before the words "…Appendices A & B…" in Resolution No. 2.

(6)        MATTAMY (ROBINSON CREEK) LIMITED
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            FOR PHASE 3 OF DRAFT PLAN OF SUBDIVISION 19TM-03008
            NORTH OF 16^TH AVENUE, WEST OF ROY RAINEY AVENUE
            (5616 16^TH AVENUE)
            WISMER COMMONS COMMUNITY
            (ZA 08-120322 & SU 03 113679 002 (10.5, 10.7)

1) That the report entitled “Recommendation Report, Mattamy (Robinson Creek) Limited, implementing Zoning By-law amendments for Phase 3 of draft plan of subdivision 19TM-03008. North of 16^th Avenue, west of Roy Rainey Avenue (5616 16^th Avenue), Wismer Commons Community. File Numbers ZA 08-120322 & SU 03 113679 002” be received; and,

2) That the application ZA 08-120322 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 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 for 44 units (163 population) be granted to plan of subdivision 19TM-03008 (Phase 3), from the total allocation for the Wismer Commons Community, assigned in accordance with the February 12, 2008 report on servicing allocation; and further,

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

CARRIED

(7) RODICK ROAD/CN AND BIRCHMOUNT ROAD/CN
GRADE SEPARATION PROJECT UPDATE (5.10)

1) That the report entitled “Rodick Road/CN Grade Separation and Birchmount Road/CN Grade Separation Project Update” be received; and,

2) That the construction of Rodick Road Phase 3 (14^th Avenue to Esna Park Drive) be deferred to 2011/2012 to facilitate property acquisitions; and,

3) That the construction of Birchmount Road Phase 2 (CN Rail to 14^th Avenue) be advanced to 2010/2011; and,

4) That the funding of $10,000,000.00 in account # 83-5350-9300-005 for the Rodick Road/CN Grade Separation be transferred to account # 83-5350-8047-005 for the construction of Birchmount Road/CN Grade Separation (14^th Avenue to CN track) and the account be renamed “Birchmount Road – Phase 2 Construction”; and,

5) That the remaining funding of $1,662,677.00 within Rodick Road Phase 3 account # 83-5350-9300-005 be used for the various utility relocation projects to facilitate the 2010 Alden Road / Esna Park Drive intersection re-alignment ahead of the road construction; and,

6) That the renamed project “Birchmount Road – Phase 2 Construction” be amended to include the additional funding in the amount of $1,650,000.00 for the construction of Birchmount Road/CN Grade Separation to be funded from the Town Wide Hard Development Charge Reserve; and,

7) That the Mayor and Clerk be authorized to enter into Crossing Agreements with CN Rail to implement the construction of Rodick Road/CN Grade Separation and the Birchmount Road/CN Grade Separation, in a form satisfactory to the CAO and the Town Solicitor; and,

8) That the Mayor and Clerk be authorized to enter into Crossing Agreements with Enbridge or other utility companies to implement the construction of Rodick Road/CN Rail Grade Separation and Birchmount Road/CN Grade Separation, in a form satisfactory to the CAO and the Town Solicitor; and,

9) That the Request for Proposal 323-R-09 for detailed design of Rodick Road Phase 2 (Miller Ave to 14^th Ave) be awarded to the highest ranked / lowest priced supplier, Morrison Hershfield Limited in the amount of $136,332.00, including a contingency allowance of $13,000.00 excluding GST from Capital Account 083-5350-7258-005, Rodick Road – Phase 2; and further,

10) That Staff be authorized and directed to do all things necessary including the execution of documents, to give effect to the above resolutions.

CARRIED

6(d) REPORT NO. 15 - DEVELOPMENT SERVICES PUBLIC MEETING
(March 23, 2010)

Council consented to add Report No. 15 containing items from the March 23, 2010 Development Services Public Meeting. Council also consented to separate Item No. 1.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 15 - Development Services Public Meeting comprised of 2 items be received and adopted, except Item No. 1. (See following Item No. 1)

(1)        AGS CONSULTANTS LTD.
            ZONING BY-LAW AMENDMENT APPLICATION
            TO PERMIT TEMPORARY OUTDOOR STORAGE
            OF NEW VEHICLES AT 11 AND 17 ESSEX AVENUE.
            (ZA. 08-128290) (10.5)

1) That the report entitled “Preliminary Report, AGS Consultants Ltd., Zoning By-law Amendment application to permit temporary outdoor storage of new vehicles at 11 and 17 Essex Avenue, ZA 08-128290”, dated June 16, 2009 be received; and,

2) That the Record of the Public Meeting held on March 23, 2010, with respect to the proposed amendment to Zoning By-law 2551, as amended, be received; and,

3) That the application by AGS Consultants Ltd. to amend Zoning By-law 2551, as amended, be approved; and further,

4) That the proposed amendment to Zoning By-law 2551, as amended, be finalized and enacted without further notice.

CARRIED

(See following recorded vote) (7:3)

YEAS: Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor J. Virgilio, Councillor D. Hamilton, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (7)

NAYS: Deputy Mayor J. Heath, Councillor V. Burke, Councillor E. Shapero. (3)

ABSENT: Regional Councillor G. Landon, Councillor C. Moretti, Councillor A. Chiu. (3)

(2)        APPLICATIONS BY KING DAVID DEVELOPMENTS
            - PART OF LOT 22 CONCESSION 3, WEST SIDE OF
            WOODBINE AVENUE NORTH OF MAJOR MACKENZIE DRIVE FOR:
            RED-LINE REVISIONS TO DRAFT PLAN OF SUBDIVISION
            AND REZONING TO INCORPORATE A PHASE III INTO THE AREA
            OF DRAFT PLAN APPROVAL FOR PLAN 19TM-05009
            (FILE # SU 05 011381 002 (ZONING FILE TO BE DETERMINED)) (10.7, 10.5)

1) That the Development Services Commission report dated February 16, 2010, entitled “Recommendation Report - Applications by Monarch Developments Corporation & King David Developments - Part of Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive for Red-line revisions to Draft Plan of Subdivision and Rezoning to incorporate a Phase III into the area of Draft Plan Approval for plan 19TM-05009 (file # SU 05 011381 002 & ZA 10 109932), be received; and,

2) That the Record of the Public Meeting held on March 23, 2010, with respect to the applications by Monarch Developments Corporation & King David Developments, for draft plan of subdivision approval and Zoning by-law Amendment, be received; and,

3) That the applications by King David Developments to amend By-laws 304-87 and 177-96 as amended, be approved and enacted once an indemnity agreement is executed between the owners and the Region of York; and further,

4) That approval of the red line revisions to incorporate Phase III into draft plan of subdivision 19TM-05009, be delegated to Staff following enactment of the zoning By-laws.

CARRIED

7. MOTIONS

There were no motions considered by Council.

8. NOTICES OF MOTIONS

There were no notices of motions considered by Council.

9. COMMUNICATIONS

Moved by Councillor L. Kanapathi

Seconded by Councillor D. Hamilton

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

Received

13-2010 Minister of Citizenship and Immigration - Calling nominations for the 2010 Lincoln M. Alexander Award to honour young Ontarians who have demonstrated exemplary leadership in contributing toward the elimination of racial discrimination. The deadline for nominations is May 31, 2010. (13.2)

Letter

Referred to all Members of Council

14-2010 Markham Village BIA - Forwarding a request to close Robinson Street from 138 west to 132 for all Saturdays from May 8 to October 9, 2010 inclusive between the hours of 8:00 a.m. and 1:00 p.m. to facilitate the Main Street Markham Farmers' Market. (3.5)

Info

Referred to Commissioner of Development Services & Town Solicitor

15-2010 Ontario Municipal Board - Forwarding a decision to allow the appeal to rezone 19 Oakcrest Avenue to facilitate a severance to create 2 lots for the construction of 2 new single-family dwellings (Shiu Bing and Chak Suen Kwan). (13.13).

(By-law 2010-39) Letter

CARRIED

10. PROCLAMATIONS

There were no proclamations considered by Council.

11. NEW/OTHER BUSINESSES

Council consented to add New/Other Businesses (1) and (2).

(1) EARTH HOUR
- SATURDAY, MARCH 27, 2010, 8:30 P.M. (12.2.6)

Councillor V. Burke advised Council of the Earth Hour being held on Saturday, March 27, 2010 at 8:30 p.m. During this time, millions of homes and businesses around the world will turn their lights off for one hour to raise awareness about the adverse effects of climate change.

(2) MANY FACES OF MARKHAM
- SATURDAY, MARCH 27, 2010, 2:30 P.M. (12.2.6)

Mayor F. Scarpitti advised Council of the “Many Faces of Markham” event taking place on Saturday, March 27, 2010, 2:30 p.m. at the Markham Theatre, organized by the Town of Markham's Race Relations Committee to celebrate diversity. The event will feature great stage performances and posters and essays submitted by area children.

12. BY-LAWS

Council consented to add Bylaws 2010-41 to 2010-48.

Council consented to separate By-laws 2010-34 and 2010-35 to provide an opportunity for Regional Councillor J. Virgilio to disclose an interest with respect thereto.

Moved by Councillor E. Shapero

Seconded by Regional Councillor J. Jones

That By-laws 2010-28 to 2010-38 and By-laws 2010-41 to 2010-48 be given three readings and enacted.

Three Readings

BY-LAW 2010-28 A by-law to provide for early (advance) voting to be held prior to voting day for the 2010 Municipal Election.

(Item No. 4, Report No. 12)

BY-LAW 2010-29 A by-law to provide for reduced hours of voting for institutions and retirement homes for the 2010 Municipal Election.

(Item No. 4, Report No. 12)

BY-LAW 2010-30 A by-law to authorize the provision of election information in languages other than English and French.

(Item No. 4, Report No. 12)

BY-LAW 2010-31 A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To update Waste Management Fees effective April 1, 2010)

(Item No. 2, Report No. 10)

BY-LAW 2010-32 A by-law to amend By-law 177-96, as amended (Times Group Corporation, Part Block 49, Plan 65M-3226, south side of South Park Road and east of Times Avenue in the Leitchcroft Planning District - To remove (H) Hold provision to permit the development of three 13 storey apartment buildings and 27 townhouse units in accordance with the applicable zone standards).

BY-LAW 2010-33 A by-law to amend By-law 1229, as amended (Embee Properties Limited, 8675 McCowan Road - To provide for an expanded range of commercial uses).

(Item No. 1, Report No. 74)

BY-LAW 2010-34 A by-law to amend Zoning By-law 304-87, as amended (1027174 Ontario Ltd. & 1482058 Ontario Ltd., southeast corner of Major Mackenzie Drive and Donald Cousens Parkway, Part of Lot 20, Concession 8 – 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 permit the development of a gas bar and retail plaza).

(Item No. 2, Report No. 57)

Regional Councillor J. Virgilio abstained

BY-LAW 2010-35 A by-law to amend Zoning By-law 177-96, as amended (1027174 Ontario Ltd. & 1482058 Ontario Ltd., southeast corner of Major Mackenzie Drive and Donald Cousens Parkway, Part of Lot 20, Concession 8 – To permit the development of a gas bar and retail plaza).

(Item No. 2, Report No. 57)

Regional Councillor J. Virgilio abstained

BY-LAW 2010-36 A by-law to amend By-law 108-81, as amended (Golden-Hauer Investments, 319 Denison Street, Lot 2, Plan M1318 - To add a retail warehouse as a permitted use).

(Item No. 2, Report No. 80, 2009)

BY-LAW 2010-37 A by-law to amend By-law 304-87, as amended (Flato Management Inc., 251 and 271 Helen Avenue and the abutting lot to the east, Part of Lot 8, Plan 2196 - To delete the subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as mended, to facilitate severance of the lands to create a total of eleven lots for the development of new single detached dwellings).

(Item No. 3, Report No. 2, 2010)

BY-LAW 2010-38 A by-law to amend By-law 177-96, as amended (Flato Management Inc., 251 and 271 Helen Avenue and the abutting lot to the east, Part of Lot 8, Plan 2196 - To facilitate severance of the lands to create a total of eleven lots for the development of new single detached dwellings).

(Item No. 3, Report No. 2, 2010)

OMB approved by-law

(For information only to facilitate the assignment of a by-law number):

BY-LAW 2010-39 A by-law to amend By-law 122-72, as amended (Shiu Bing and Chak Suen Kwan, 19 Oakcrest Avenue - To facilitate a severance of the property into two new lots to allow two new single family detached dwellings).

(Approved by OMB on September 1, 2009

- See Communication No. 15-2010)

Three Readings

BY-LAW 2010-41 A by-law to amend By-law 304-87, as amended (Great Eldin Investments Ltd., north of Edward Jeffreys Avenue, west of Highway 48, Part of Lot 17, Concession 7, 19TM-95081, Phase 2, Wismer Commons Community - 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 the development of single detached and semi-detached lots).

(Item No. 2, Report No. 14)

BY-LAW 2010-42 A by-law to amend By-law 177-96, as amended (Great Eldin Investments Ltd., north of Edward Jeffreys Avenue, west of Highway 48, Part of Lot 17, Concession 7, 19TM-95081, Phase 2, Wismer Commons Community - To permit the development of single detached and semi-detached lots).

(Item No. 2, Report No. 14)

BY-LAW 2010-43 A by-law to amend By-law 122-72, as amended (Oakcrest Developments, 4 Oakcrest Avenue, Part of Lot 10, Concession 6 - To facilitate a severance of the property into two new lots to allow two new single family detached dwellings.

(Item No. 4, Report No. 14)

BY-LAW 2010-44 A by-law to amend By-law 304-87, as amended (Mattamy (Robinson Creek) Limited, 5616 16^th Avenue, north of 16^th Avenue and west of Roy Rainey Avenue, Part of Lot 16, Concession 7, 19TM-03008, Phase 3, Wismer Commons Community - 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 the development of single detached units).

(Item No. 6, Report No. 14)

BY-LAW 2010-45 A by-law to amend By-law 177-96, as amended (Mattamy (Robinson Creek) Limited, 5616 16^th Avenue, north of 16^th Avenue and west of Roy Rainey Avenue, Part of Lot 16, Concession 7, 19TM-03008, Phase 3, Wismer Commons Community - To permit the development of single detached units).

(Item No. 6, Report No. 14)

BY-LAW 2010-46 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Block 10, Plan 65M-4141 - Copper Creek Drive; Part of Block 15, Plan 65M-4141, designated as Part 1, Plan 65R-32233 - Box Grove Collector Road; Block 381, Plan 65M-3838 - Bernbridge Road)

BY-LAW 2010-47 A by-law to amend By-law 122-72, as amended (The Rockport Group, Main Street Residence [Unionville] Inc., 34 Main Street South Unionville, Part of Lot 9, Concession 5 - To delete the subject lands from By-law 122-72, as amended, so that they may be incorporated into By-law 2004-196, as amended, to permit the development of three retirement apartment buildings).

(Item No. 2, Report No. 26, 2009)

BY-LAW 2010-48 A by-law to amend By-law 2004-196, as amended (The Rockport Group, Main Street Residence [Unionville] Inc., 34 Main Street South Unionville, Part of Lot 9, Concession 5 - To permit the development of three retirement apartment buildings).

(Item No. 2, Report No. 26, 2009)

CARRIED

13. IN-CAMERA ITEMS

Council considered In-Camera Item (1) during the regular session of the meeting and did not resolve into in-camera session.

Moved by Regional Councillor J. Jones

Seconded by Councillor J. Webster

That In-camera Item No. 1 be received and adopted.

REPORT OF DEVELOPMENT SERVICES COMMITTEE- March 23, 2010

(1) LAND ACQUISITIONS FOR STREET A BETWEEN
ENTERPRISE BOULEVARD AND
BILL CROTHERS SECONDARY SCHOOL (8.0, 5.10)

[Section 239 (2) (c)]

1) That the confidential report entitled “Land Acquisitions for Street A between Enterprise Boulevard and Bill Crothers Secondary School”, be received; and,

2) That staff be authorized and directed to take the actions necessary to give effect to this report.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor L. Kanapathi

Seconded by Councillor E. Shapero

That By-law 2010-40 be given three readings and enacted.

Three Readings

BY-LAW 2010-40 A by-law to confirm the proceedings of the Council meeting of March 24, 2010.
(Council Meeting No. 5, 2010)