Revised Council Meeting Agenda
Revised items are identified by an asterisk (*)

Meeting Number: 8

Wednesday, May 15, 2024 at 1:00 P.m. - 4:30 P.m.

Live streamed

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1.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging the traditional territories of Indigenous peoples and their commitment to stewardship of the land. We acknowledge the communities in circle. The North, West, South and Eastern directions, and Haudenosaunee, Huron- Wendat, Anishnabeg, Seneca, Chippewa, and the Mississaugas of the Credit peoples. We share the responsibility with the caretakers of this land to ensure the dish is never empty and to restore relationships that are based on peace, friendship, and trust. We are committed to reconciliation, partnership and enhanced understanding.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - MAY 1, 2024

• 1. That the Minutes of the Council Meeting held on May 1, 2024, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

ONTARIO LAND TRIBUNAL (OLT) DECISION - 36-48 STEELES AVENUE EAST & 37-49 HIGHLAND PARK BOULEVARD (ZONIX GROUP INC.) (WARD 1) (10.3) (10.5)

Summary from the City Solicitor:

On May 7, 2024, the Ontario Land Tribunal (the “Tribunal”) approved and issued a final order, regarding the settlement between Zonix Group Inc. (the “Appellant”) and the City of Markham with respect to appeals by the Appellant from the City’s non-decision regarding applications to amend the Official Plan (“OPA”) and the Zoning By-law (“ZBL”) (“Applications”), at 36, 38, 40, 42, 44, 46 & 48 Steeles Avenue East and 37, 39, 41, 43, 45, 47 & 49 Highland Park Avenue, located on the north east corner of Steeles Avenue East and Dudley Avenue, (the “Subject Lands”) in Thornhill.

The Settlement Proposal proposes two towers with maximum heights of 40 and 44 storeys on a six-storey podium with a total gross floor area of 74,467 square metres (“m²”) and a Floor Space Index (“FSI”) of 8.2. The development proposes 1,060 residential units, 510 vehicle parking spaces provided at a parking ratio of 0.48 parking spaces per unit based on 0.38 resident parking spaces per unit and 0.1 visitor parking spaces per unit. A total of 740 bicycle parking spaces are proposed. Driveway access will be provided from both Dudley Avenue and Highland Park Boulevard. The Settlement Proposal also proposes that a park, having an area of 1,829 m², is to be dedicated to the City, through a stratified conveyance, along the southerly side of Highland Park Boulevard. A privately owned public space (“POPS”) is also proposed along the easterly property edge, comprising an area of 450 m². The Settlement Proposal includes a combined indoor and outdoor amenity area ratio of 4.0 m² per unit (the “Settlement Proposal”).

The Tribunal approved the Settlement Proposal and allowed appeals of the OPA and ZBL applications. The proposed OPA adds a new subsection to the City’s Thornhill Secondary Plan (PD 3-1) to permit the Settlement Proposal having maximum tower heights of 44 and 40 storeys and a maximum density of 8.75 FSI. The ZBL amends the City’s By-law 2237 and By-law 177-96, as amended, and zones the Subject Lands with site-specific development standards to permit the majority of the property be developed with a high-density residential development. A portion of the Subject Lands is to be conveyed to the City of Markham as a stratified public park (with private underground parking). As the Tribunal has issued its final decision, the OPA and ZBL now require assignment of by-law numbers for administrative tracking purposes.

As the OLT has issued its final decision, the ZBA and OPA now require assignment of a By-law number and Amendment number for administrative tracking purposes.

(By-law 2024-84 and By-law 2024-85)

7.

PROCLAMATIONS

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 19 DEVELOPMENT SERVICES PUBLIC MEETING (APRIL 30, 2024)

Please refer to your April 30,  2023 Development Services Public Meeting Agenda for reports.

Mayors and Members of Council:

• That the report of the Development Services Public Meeting be received & adopted. (Item 1):

8.1.1

PUBLIC MEETING INFORMATION REPORT, MYTERMS (ARASH FAZELIPUR AND SOMAYEH BADALI) AT 28-32 KIRK DRIVE, APPLICATION FOR A ZONING BY-LAW AMENDMENT, TO PERMIT FOUR (4) SINGLE DETACHED DWELLINGS AT 28-32 KIRK DRIVE, FILE NO. PLAN 24 161084 (WARD 1) (10.5)

(By-law 2024-86 and By-law 2024-87)

• 1. That the written submissions by Chris Chan, and the Royal Orchard Ratepayer Association regarding File No. Plan 24 161084 (Ward 1), be received; and,
  2. That the report dated April 30, 2024, titled “Public Meeting Information Report, MYterms (Arash Fazelipur and Somayeh Badali), for a Zoning By-law Amendment, to permit four (4) single detached dwellings at 28-32 Kirk Drive, File No. Plan 24 161084 (Ward 1), be received; and,
  3. That the Record of the Public Meeting held on April 30, 2024, with respect to the proposed Zoning By-law Amendment to permit four (4) single detached dwellings at 28-32 Kirk Drive, File No. PLAN 24 161084 (Ward 1), be received; and,
  4. That the application by MYterms (Arash Fazelipur and Somayeh Badali), for a Zoning By-law Amendment, File No. Plan 24 161084, be approved and the draft Zoning By-law Amendment be enacted without further notice; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 20 DEVELOPMENT SERVICES COMMITTEE (MAY 7, 2024)

Please refer to your May 7, 2024 Development Services Committee Agenda for reports.

Mayors and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

8.2.1

RECOMMENDATION REPORT, REVISION TO A LEGAL DESCRIPTION OF A DESIGNATION BY-LAW FOR 4031 16TH AVENUE (“BRIARWOOD FARM-JAMES MCLEAN HOUSE”) (WARD 3) (16.11.3)

• 1. That the report, dated May 7, 2024, titled, “RECOMMENDATION REPORT, Revision to a Legal Description of a Designation By-law for 4031 16th Avenue (“Briarwood Farm-James McLean House”) (Ward 3)”, be received; and,
  2. That the legal description as contained within Council-adopted By-law 2021-8 be amended to reflect the property’s current legal description, and that By-law 2021-8 be amended to ensure conformance with the Ontario Heritage Act, as amended; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

2024 SISTER CITIES INTERNATIONAL ALL AMERICANS SUMMIT - MAY 29 TO MAY 31, 2024

• 1. That Council approve the attendance and funding for Mayor Frank Scarpitti to attend the 2024 Sister Cities International All Americans Summit in San Antonio, Texas, from Wednesday, May 29, 2024, to Friday, May 31, 2024; and,
  2. That the estimated cost of $1,800.00 be funded from the Mayor's Office operating budget; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.2.3

COMMENTS ON THE CUTTING RED TAPE TO BUILD MORE HOMES ACT (BILL 185) AND PROPOSED PROVINCIAL PLANNING STATEMENT (10.0)

• 1. That the report dated May 7, 2024, titled "Comments on the Cutting Red Tape to Build More Homes Act (Bill 185) and Proposed Provincial Planning Statement" be received; and,
  2. That this report be forwarded to the Minister of Municipal Affairs and Housing and York Region as the City of Markham’s comments; and,
  3. That Council support the proclaiming date of July 1, 2024 to remove upper-tier planning responsibilities and request that the province pass an order exempting local municipalities from provincial approval for official plan amendments and secondary plans to support the goal of faster decision making; and,
  4. That Council support the removal of the fee refund requirement for development applications; and,
  5. That Council support limiting third party appeals on Council decisions to improve timelines for the delivery of development projects but consider scoping to matters of provincial interest (e.g. housing) or those that do not conform to an official plan and further recommend the province develop a protocol to scope third party appeals to matters of provincial interest; and,
  6. That Council not support the exemption of Universities from the Planning Act; and,
  7. That Council not support proposed changes that would allow applicants to appeal decisions made by Council to refuse official plan and zoning by-law amendments for settlement area boundary expansions; and,
  8. That the province provide further consultation on Additional Residential Units with the City’s operations and environmental services departments, utility companies and emergency services to ensure appropriate standards are maintained and in place to provide appropriate levels of service for infrastructure, utilities, and life safety measures; and,
  9. That Council support the removal of the Community Infrastructure and Housing tool from the Planning Act and replacement with a more transparent process for Ministers Zoning Orders and recommend that the Minister be provided the ability to impose conditions on the approval of MZOs for community benefits and infrastructure; and,
  10. That the province clarify the scope of the proposed regulation making authority to streamline approvals for community service facilities including public schools, hospitals, and long-term care facilities and how priority project would be identified and expediated; and,
  11. That Council support reduced parking minimums in principle but request additional policies to phase in the reduction of parking in line with increases in the level of transit service and funding from senior levels of government to increase transit and manage the interim state until higher order transit and other supportive services are available. Specifically, additional policies and investments from senior levels of government are required to support the delivery and operation of higher frequency rail and bus service and public infrastructure such as active transportation networks, public parking, and Transportation Demand Management programs as a part of any development; and,
  12. That Council support the proposed changes to the Development Charges Act as they apply to the following matters:
      1. Repeal the 5-year phase-in of development charges for by-laws passed on or after January 1, 2022; and,
      2. Re-instating studies as an eligible capital cost for Development Charges; and,
      3. Reduce the timeframe for the DC rate freeze from 2 years to 18 months; and,
      4. Streamline the process for municipalities to extend existing Development Charges by-laws; and,
  13. That Council support the re-introduction of a definition for Affordable Housing and Low to Moderate Income and Affordable Housing policies; and,
  14. That the province provide clarification on how the Ministry of Finance projections would inform population and employment forecasting for lower tier municipalities; and,
  15. That the province include policies requiring municipalities to meet minimum intensification targets and minimum density targets in designated greenfield areas to support the development of compact and complete communities and the efficient use of infrastructure; and,
  16. That the province include policies for the creation of new settlement areas or settlement area boundary expansions to only occur as part of a comprehensive process through a municipally initiated official plan amendment; and,
  17. That the province maintain the existing definition of employment area, including the discretionary consideration of institutional and commercial uses (retail and office) to support economic growth. Should the proposed definition be proclaimed, policies should be included permitting the protection and continuation of existing employment areas; and,
  18. That the province include policies to restrict employment conversions to those initiated by a municipality; and,
  19. That the province include policies that allow for the incorporation of development approved through a Minister’s Zoning Order as a part of the current planning horizon, and not in excess; and,

  20. That the province provide additional policies that would allow for the protection of the commercial function of re-developing malls and commercial plazas while supporting more compact built forms, where appropriate; and,

  21. That the province develop clear guidelines to support policy directions for the delivery of urban format and vertical schools in a compact built form, including a process to advance the construction of schools to align with the phasing of growth and community needs; and,

  22. That the Province revise the policies and definitions applying to ARUs and lot creation in prime agricultural areas to ensure that ARUs are considered accessory uses so that it does not lead to unintended severances that could negatively affect the protection of agricultural resources; and,
  23. That the province re-introduce policies on Strategic Growth Areas that would require planning authorities to identify and plan for Strategic Growth Areas as a focal point for growth and development based on the appropriate scale and built form; and,
  24. That Council support the change to require watershed planning and recommend the province finalize watershed planning guidance for municipalities to support the implementation of water resource policies in the PPS; and,
  25. That the province provide training to municipalities prior to the Proposed Provincial Planning Statement coming into effect as the changes represent a significant shift in the land use planning framework in Ontario; and,
  26. That Council support in principle the proposed incentive tool that municipalities could leverage to attract specified manufacturing, industrial or commercial investments and the province consult with municipalities to clarify the regulations and criteria that would govern the exemption process; and,
  27. That Council support enhanced policies that will allow the municipality to ensure infrastructure is directed to developments to support housing; and,
  28. That the province consult with municipalities on the necessary resourcing and timelines to implement the new reporting requirements and provide clear instructions to guide municipalities for summary table data requirements to avoid misinterpretation and duplication of data; and,
  29. That the province recognize residential units in Official Plan and Zoning By-law Amendments may change at Site Plan and Plan of Subdivision and may need to be reconciled to avoid double counting units; and,
  30. That Council support the proposal to allow for notices to be issued through a municipality’s website and further, that the province remove the requirements where this new measure is only limited to municipalities that do not have a local paper; and further,
  31. That Staff be authorized and directed to do all things necessary to give effect to this resolution

8.3

REPORT NO. 21 GENERAL COMMITTEE (MAY 14, 2024)

Please refer to your May 14, 2024 General Committee Agenda for reports.

Mayors and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 4):

8.3.1

YORK REGION COMMUNICATIONS (13.4)

YORK REGION JOINT NOMINATION TO THE CTC SOURCE PROTECTION COMMITTEE

• 1. That the correspondence dated February 28, 2024 from the Credit Valley – Toronto and Region – Central Lake Ontario (CTC) Source Water Protection Region (Appendix A) be received; and, 
  2. That Council of the City of Markham endorse the joint nomination of Tom Bradley as the municipal representative for York Region and its local municipalities on the CTC Source Protection Committee; and further,
  3. That the Clerk be delegated authority to submit future nominations to Source Protection Committees on behalf of the City of Markham as requested or endorsed by York Region.

8.3.2

CITY WIDE JANITORIAL CONTRACT (7.0)

• 1. That the report entitled “012-R-24 Janitorial and Carpet Cleaning Service GC Report” be received; and,
  2. That the contract for City-Wide Cleaning Services be extended for seven months from June 1, 2024 – December 31, 2024 in the amount of $322,866.16 (Incl. HST) at the same terms, conditions and pricing from 2022/2023; and,
  3. That the contract extension in the amount of $322,866.16 (Incl. HST) be awarded to National Cleaning Contractors; and,
  4. That the seven-month contract extension be funded by available funding from various departments’ 2024 operating budget; and,
  5. That the tendering process be waived in accordance with the City’s Purchasing By-law # 2017-8, Part II, Section 11.1(c), Non Competitive Procurement which states, “when the extension of an existing Contract would prove more cost-effective or beneficial”; and,
  6. That the Director, Sustainability and Asset Management and Senior Manager, Procurement and Accounts Payable be authorized to add additional parks facilities opening in 2024 to the cleaning contract; and further, 
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.3

OFF-SITE RECORDS STORAGE AND RETRIEVAL SERVICES THROUGH THE ONTARIO PROVINCIAL GOVERNMENT VIA OPS VENDOR OF RECORD (7.0)

• 1. That the report entitled “Off-Site Records Storage and Retrieval through the Ontario Provincial Government via OPS Vendor of Record” be received; and,
  2. That the contract for Off-Site Records Storage and Retrieval Services for a period of ten years (2024 – 2033) be awarded to the Iron Mountain Canada in the annual estimated amount of $43,990.00 (Incl. of HST) or $439,900.00 (Incl. of HST) over the ten-year term; and,
  3. That the contract in years 2025 – 2033 be increased by an annual amount lower than 1% each year; and,
  4. That the contract award in the amount of $43,990.00 be funded from the operating account 400-402-5539 (Records Storage) with an annual budget of $60,887.00, and that the estimated favourable variance in the amount of $16,897.00 ($60,887.00 - $43,990.00) be reported as part of the 2024 year-end results of operations; and,
  5. That funding for future terms of the contract be included in requested annual operating budgets; and,
  6. That the City’s Tender process be waived as the Ontario Provincial Government has undergone their own competitive process and in accordance with Purchasing By-Law 2017-8, Part II, Section 11 Non Competitive Procurement, item 1 (c) which states “Where the extension of an existing Contract would prove more cost-effective or beneficial”; and further, 
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.4

TREE PRESERVATION BY-LAW AMENDMENT (2.0)

(By-law 2024-87 and By-law 2024-86)

• 1. That the memorandum titled “2024 Tree Preservation Fees, and City-wide Fee By-laws”, be received; and, 
  2. That the PowerPoint presentation titled “Tree Preservation 2024 Fees, Security & Benchmarking”, be received as Appendix ‘A’; and, 
  3. That By-law 2002-276, be amended by removing fees and charges for the Tree Preservation By-law in the form attached as Appendix ‘B’; and, 
  4. That the fees and charges for the Tree Preservation By-law be added to By-law 2012-137 for ease of reference and streamlining purposes, be received as Appendix ‘C’; and further, 
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

NEW/OTHER BUSINESS

As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity".

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2024-81 to 2024-89 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2024-81, A BY-LAW TO AMEND BY-LAW 122-72, AS AMENDED (REMOVAL OF HOLD PROVISION) [REGENCY PROPERTY INC. PLAN 3684 5 RIVER BEND ROAD]

The by-law amendment applies to land located at the south-east corner of River Bend Road and Sabiston Drive to remove the Holding Symbol from the zoning of the subject lands to permit the development of three lots for single detached dwellings. (Regency Property Inc. Lot 19 Registered PLAN 3684 15 River Bend Road)

13.2

BY-LAW 2024-82, 4038 AND 4052 HIGHWAY 7 EAST- OFFICIAL PLAN AMENDMENT NO. 52 (WARD 3) (SCARDRED 7 COMPANY LIMITED)

Being a By-Law to adopt Amendment No. 52 to the City of Markham Official Plan 2014, as amended. (Scardred 7 Company Limited, 4038 And 4052 Highway 7 East)

(Item 4.1, Development Services Public Meeting, March 19, 2024)

13.3

BY-LAW 2024-83, 4038 AND 4052 HIGHWAY 7 EAST- ZONING BY-LAW AMENDMENT (WARD 3) (SCARDRED 7 COMPANY LIMITED)

The by-law amendment applies land located north of Highway 7 East and west of Village Parkway.  The purpose is to rezone the subject lands under By-law 177-96, as amended, from Residential Two*682 (R2*682) Zone to Residential Four*682 (Hold) (R4*682(H)) Zone and incorporate site-specific development standards to permit a residential townhouse development. (Scardred 7 Company Limited, CON 5 PT LOT 11, 4038 and 4052 Highway 7 East, PLAN 23 146079)

(Item 4.1, Development Services Public Meeting, March 19, 2024)

13.4

BY-LAW 2024-84, 36-48 STEELES AVENUE EAST & 37-49 HIGHLAND PARK BOULEVARD - OFFICIAL PLAN AMENDMENT NO. 266 (ZONIX GROUP INC.) (WARD 1) (10.3) (10.5)

The proposed OPA Amendment No. 266 adds a new subsection to the City’s Thornhill Secondary Plan (PD 3-1) to permit the Settlement Proposal having maximum tower heights of 44 and 40 storeys and a maximum density of 8.75 FSI.

As the OLT has issued its final decision, the ZBA and OPA now require assignment of a By-law number and Amendment number for administrative tracking purposes.

(Item 6.1, By-law 2024-84 and By-law 2024-85)

13.5

BY-LAW 2024-85, 36-48 STEELES AVENUE EAST & 37-49 HIGHLAND PARK BOULEVARD - ZONING BY-LAW AMENDMENT (ZONIX GROUP INC.) (WARD 1) (10.3) (10.5)

The ZBL amends the City’s By-law 2237 and By-law 177-96, as amended, and zones the Subject Lands with site-specific development standards to permit the majority of the property be developed with a high-density residential development. A portion of the Subject Lands is to be conveyed to the City of Markham as a stratified public park (with private underground parking).

As the OLT has issued its final decision, the ZBA and OPA now require assignment of a By-law number and Amendment number for administrative tracking purposes.

(Item 6.1, By-law 2024-84 and By-law 2024-85)

13.6

BY-LAW 2024-86, A BY-LAW TO AMEND BY-LAW 2024-19, AS AMENDED FOR 28 AND 32 KIRK DRIVE - ZONING BY-LAW AMENDMENT (ARASH FAZELIPUR AND SOMAYEH BADALI) ) (WARD 1) (10.3) (10.5)

The By-law amendment applies to 28 and 32 Kirk Drive, located north of Kirk Drive and east of Thornheights Road.  The subject lands are zoned Residential – Established Neighbourhood Low Rise (RES-ENLR) Zone under By-law 2024-19, as amended. The purpose  this By-law is to rezone in order to permit four (4) single detached dwellings on the lands.

(Item 8.1.1, By-law 2024-86 and By-law 2024-87)

13.7

BY-LAW 2024-87, A BY-LAW TO AMEND BY-LAW 2150, AS AMENDED AND TO AMEND BY-LAW 177-96, AS AMENDED FOR 28 AND 32 KIRK DRIVE - ZONING BY-LAW AMENDMENT (ARASH FAZELIPUR AND SOMAYEH BADALI) ) (WARD 1) (10.3) (10.5)

The By-law amendment applies to 28 and 32 Kirk Drive, located north of Kirk Drive and east of Thornheights Road.  The subject lands are zoned Second Density Single Family Residential (R2A) Zone under By-law 2150, as amended. The purpose is to rezone in order to permit four (4) single detached dwellings on the lands.

(Item 8.1.1, By-law 2024-86 and By-law 2024-87)

13.8

BY-LAW 2024-88, A BY-LAW TO AMEND BYLAW 2002-276 BEING A BY-LAW TO IMPOSE FEES OR CHARGES FOR SERVICES OR ACTIVITIES PROVIDED OR DONE BY THE CITY OF MARKHAM

Staff are recommending revised and updated fees be implemented as well as consolidating all fees and services for the Tree Preservation By-law into By-law 2012-137.

(Item 8.3.4, By-law 2024-88 and By-law 2024-89)

13.9

BY-LAW 2024-89, A BY-LAW TO AMEND BYLAW 2012-137 BEING A BY-LAW TO IMPOSE LICENSING, PERMIT AND SERVICE FEES 

Staff are recommending revised and updated fees be implemented as well as consolidating all fees and services for the Tree Preservation By-law into By-law 2012-137.

(Item 8.3.4, By-law 2024-88 and By-law 2024-89)

14.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2024-80 be given three readings and enacted.

  Three Readings

  BY-LAW 2024-80 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 15, 2024.
  No attachment

15.

ADJOURNMENT